I 

115TH CONGRESS 

2D SESSION H. R. 4 

To reauthorize programs of the Federal Aviation Administration, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2018 

Mr. SHUSTER (for himself, Mr. DEFAZIO, Mr. SMITH of Texas, Mr. LOBIONDO, Mr. LARSEN of Washington, Mr. BARLETTA, Ms. TITUS, Mr. 

GRAVES of Missouri, Ms. NORTON, Mr. HUNTER, Mr. GARAMENDI, Mr. 

DENHAM, Mr. CAPUANO, Mr. GRAVES of Louisiana, and Mrs. NAPOLITANO) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure, and in addition to the Committees 

on Financial Services, Ways and Means, Science, Space, and Technology, 

and Natural Resources, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To reauthorize programs of the Federal Aviation 

Administration, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘FAA Reauthorization Act of 2018’’. 


khammond on DSK30JT082PROD with BILLS
2 

•HR 4 IH

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Effective date. 

TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

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

and programs. 

Sec. 102. Facilities and equipment. 

Sec. 103. FAA operations. 

Sec. 104. Adjustment to AIP program funding. 

Sec. 105. Funding for aviation programs. 

Subtitle B—Passenger Facility Charges 

Sec. 111. Passenger facility charge modernization. 

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

Subtitle C—Airport Improvement Program Modifications 

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

Sec. 122. Mothers’ rooms at airports. 

Sec. 123. Extension of competitive access reports. 

Sec. 124. Grant assurances. 

Sec. 125. Government share of project costs. 

Sec. 126. Updated veterans’ preference. 

Sec. 127. Special rule. 

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

Sec. 129. Nondiscrimination. 

Sec. 130. State block grant program expansion. 

Sec. 131. Midway Island Airport. 

Sec. 132. Property conveyance releases. 

Sec. 133. Minority and disadvantaged business participation. 

Sec. 134. Contract tower program. 

Sec. 135. Airport access roads in remote locations. 

Sec. 136. Buy America requirements. 

Subtitle D—Airport Noise and Environmental Streamlining 

Sec. 151. Recycling plans for airports. 

Sec. 152. Pilot program sunset. 

Sec. 153. Extension of grant authority for compatible land use planning and 

projects by State and local governments. 

Sec. 154. Updating airport noise exposure maps. 

Sec. 155. Stage 3 aircraft study. 

Sec. 156. Addressing community noise concerns. 

Sec. 157. Study on potential health impacts of overflight noise. 

Sec. 158. Environmental mitigation pilot program. 

Sec. 159. Aircraft noise exposure. 

Sec. 160. Community involvement in FAA NextGen projects located in 

metroplexes. 

Sec. 161. Critical habitat on or near airport property. 


khammond on DSK30JT082PROD with BILLS
3 

•HR 4 IH

Sec. 162. Clarification of reimbursable allowed costs of FAA memoranda of 

agreement. 

TITLE II—FAA SAFETY CERTIFICATION REFORM 

Subtitle A—General Provisions 

Sec. 201. Definitions. 

Sec. 202. Safety Oversight and Certification Advisory Committee. 

Subtitle B—Aircraft Certification Reform 

Sec. 211. Aircraft certification performance objectives and metrics. 

Sec. 212. Organization designation authorizations. 

Sec. 213. ODA review. 

Sec. 214. Type certification resolution process. 

Sec. 215. Review of certification process for small general aviation airplanes. 

Subtitle C—Flight Standards Reform 

Sec. 231. Flight standards performance objectives and metrics. 

Sec. 232. FAA task force on flight standards reform. 

Sec. 233. Centralized safety guidance database. 

Sec. 234. Regulatory Consistency Communications Board. 

Subtitle D—Safety Workforce 

Sec. 241. Safety workforce training strategy. 

Sec. 242. Workforce review. 

Subtitle E—International Aviation 

Sec. 251. Promotion of United States aerospace standards, products, and services abroad. 

Sec. 252. Bilateral exchanges of safety oversight responsibilities. 

Sec. 253. FAA leadership abroad. 

Sec. 254. Registration, certification, and related fees. 

TITLE III—SAFETY 

Subtitle A—General Provisions 

Sec. 301. FAA technical training. 

Sec. 302. Safety critical staffing. 

Sec. 303. International efforts regarding tracking of civil aircraft. 

Sec. 304. Aircraft data access and retrieval systems. 

Sec. 305. Advanced cockpit displays. 

Sec. 306. Marking of towers. 

Sec. 307. Cabin evacuation. 

Sec. 308. ODA staffing and oversight. 

Sec. 309. Funding for additional safety needs. 

Sec. 310. Funding for additional FAA licensing needs. 

Sec. 311. Emergency medical equipment on passenger aircraft. 

Sec. 312. HIMS program. 

Sec. 313. Acceptance of voluntarily provided safety information. 

Sec. 314. Flight attendant duty period limitations and rest requirements. 

Sec. 315. Secondary cockpit barriers. 

Sec. 316. Aviation maintenance industry technical workforce. 


khammond on DSK30JT082PROD with BILLS
4 

•HR 4 IH

Sec. 317. Critical airfield markings. 

Sec. 318. Regulatory Reform. 

Subtitle B—Unmanned Aircraft Systems 

Sec. 331. Definitions. 

Sec. 332. Codification of existing law; additional provisions. 

Sec. 333. Unmanned aircraft test ranges. 

Sec. 334. Sense of Congress regarding unmanned aircraft safety. 

Sec. 335. UAS privacy review. 

Sec. 336. Public UAS operations by Tribal governments. 

Sec. 337. Evaluation of aircraft registration for small unmanned aircraft. 

Sec. 338. Study on roles of governments relating to low-altitude operation of 

small unmanned aircraft. 

Sec. 339. Study on financing of unmanned aircraft services. 

Sec. 340. Update of FAA comprehensive plan. 

Sec. 341. Cooperation related to certain counter-UAS technology. 

TITLE IV—AIR SERVICE IMPROVEMENTS 

Subtitle A—Airline Customer Service Improvements 

Sec. 401. Reliable air service in American Samoa. 

Sec. 402. Cell phone voice communication ban. 

Sec. 403. Advisory committee for aviation consumer protection. 

Sec. 404. Improved notification of insecticide use. 

Sec. 405. Advertisements and disclosure of fees for passenger air transportation. 

Sec. 406. Involuntarily bumping passengers after aircraft boarded. 

Sec. 407. Availability of consumer rights information. 

Sec. 408. Consumer complaints hotline. 

Sec. 409. Widespread disruptions. 

Sec. 410. Involuntarily denied boarding compensation. 

Sec. 411. Consumer information on actual flight times. 

Sec. 412. Advisory committee for transparency in air ambulance industry. 

Sec. 413. Air ambulance complaints. 

Sec. 414. Passenger rights. 

Subtitle B—Aviation Consumers With Disabilities 

Sec. 441. Select subcommittee. 

Sec. 442. Aviation consumers with disabilities study. 

Sec. 443. Feasibility study on in-cabin wheelchair restraint systems. 

Sec. 444. Access advisory committee recommendations. 

Subtitle C—Small Community Air Service 

Sec. 451. Essential air service authorization. 

Sec. 452. Extension of final order establishing mileage adjustment eligibility. 

Sec. 453. Study on essential air service reform. 

Sec. 454. Small community air service. 

Sec. 455. Air transportation to noneligible places. 

TITLE V—MISCELLANEOUS 

Sec. 501. Review of FAA strategic cybersecurity plan. 

Sec. 502. Consolidation and realignment of FAA services and facilities. 

Sec. 503. FAA review and reform. 


khammond on DSK30JT082PROD with BILLS
5 

•HR 4 IH

Sec. 504. Aviation fuel. 

Sec. 505. Right to privacy when using air traffic control system. 

Sec. 506. Air shows. 

Sec. 507. Part 91 review, reform, and streamlining. 

Sec. 508. Aircraft registration. 

Sec. 509. Air transportation of lithium cells and batteries. 

Sec. 510. Remote tower pilot program for rural and small communities. 

Sec. 511. Ensuring FAA readiness to provide seamless oceanic operations. 

Sec. 512. Sense of Congress regarding women in aviation. 

Sec. 513. Obstruction evaluation aeronautical studies. 

Sec. 514. Aircraft leasing. 

Sec. 515. Report on obsolete test equipment. 

Sec. 516. Pilots sharing flight expenses with passengers. 

Sec. 517. Aviation rulemaking committee for part 135 pilot rest and duty rules. 

Sec. 518. Metropolitan Washington Airports Authority. 

Sec. 519. Terminal Aerodrome Forecast. 

Sec. 520. Federal Aviation Administration employees stationed on Guam. 

Sec. 521. Technical corrections. 

Sec. 522. Application of veterans’ preference to Federal Aviation Administration personnel management system. 

Sec. 523. Public aircraft eligible for logging flight times. 

Sec. 524. Federal Aviation Administration workforce review. 

Sec. 525. State taxation. 

Sec. 526. Aviation and aerospace workforce of the future. 

Sec. 527. Future aviation and aerospace workforce study. 

Sec. 528. FAA leadership on civil supersonic aircraft. 

Sec. 529. Oklahoma registry office. 

Sec. 530. Foreign air transportation under United States-European Union Air 

Transport Agreement. 

Sec. 531. Training on human trafficking for certain staff. 

Sec. 532. Part 107 implementation improvements. 

Sec. 533. Part 107 transparency and technology improvements. 

Sec. 534. Prohibitions against smoking on passenger flights. 

Sec. 535. Consumer protection requirements relating to large ticket agents. 

Sec. 536. FAA data transparency. 

Sec. 537. Agency procurement reporting requirements. 

Sec. 538. Zero-emission vehicles and technology. 

Sec. 539. Employee Assault Prevention and Response Plans. 

Sec. 540. Study on training of customer-facing air carrier employees. 

Sec. 541. Minimum dimensions for passenger seats. 

Sec. 542. Study of ground transportation options. 

TITLE VI—DISASTER RECOVERY REFORM ACT 

Sec. 601. Applicability. 

Sec. 602. State defined. 

Sec. 603. Wildfire prevention. 

Sec. 604. Additional activities. 

Sec. 605. Eligibility for code implementation and enforcement. 

Sec. 606. Program improvements. 

Sec. 607. Prioritization of facilities. 

Sec. 608. Guidance on evacuation routes. 

Sec. 609. Duplication of benefits. 

Sec. 610. State administration of assistance for direct temporary housing and 

permanent housing construction. 


khammond on DSK30JT082PROD with BILLS
6 

•HR 4 IH

Sec. 611. Assistance to individuals and households. 

Sec. 612. Multifamily lease and repair assistance. 

Sec. 613. Private nonprofit facility. 

Sec. 614. Management costs. 

Sec. 615. Flexibility. 

Sec. 616. Additional disaster assistance. 

Sec. 617. National veterinary emergency teams. 

Sec. 618. Dispute resolution pilot program. 

Sec. 619. Unified Federal environmental and historic preservation review. 

Sec. 620. Closeout incentives. 

Sec. 621. Performance of services. 

Sec. 622. Study to streamline and consolidate information collection. 

Sec. 623. Agency accountability. 

Sec. 624. Audit of contracts. 

Sec. 625. Inspector general audit of FEMA contracts for tarps and plastic 

sheeting. 

Sec. 626. Relief organizations. 

Sec. 627. Guidance on inundated and submerged roads. 

Sec. 628. Authorities. 

Sec. 629. Recoupment of certain assistance prohibited. 

Sec. 630. Statute of limitations. 

Sec. 631. Technical assistance and recommendations. 

Sec. 632. Guidance on hazard mitigation assistance. 

Sec. 633. Local impact. 

Sec. 634. Additional hazard mitigation activities. 

Sec. 635. National public infrastructure predisaster hazard mitigation. 

Sec. 636. Additional mitigation activities. 

TITLE VII—FLIGHT R&D ACT 

Subtitle A—General Provisions 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Authorization of appropriations. 

Subtitle B—FAA Research and Development Organization 

Sec. 711. Associate Administrator for Research and Development. 

Sec. 712. Research advisory committee. 

Subtitle C—Unmanned Aircraft Systems 

Sec. 721. Unmanned aircraft systems research and development roadmap. 

Sec. 722. Probabilistic metrics for exemptions. 

Sec. 723. Probabilistic assessment of risks. 

Sec. 724. Unmanned aerial vehicle-manned aircraft collision research. 

Sec. 725. Special rule for research and development. 

Sec. 726. Beyond line-of-sight research and development. 

Subtitle D—Cybersecurity 

Sec. 731. Cyber Testbed. 

Sec. 732. Cabin communications, entertainment, and information technology 

systems cybersecurity vulnerabilities. 

Sec. 733. Cybersecurity threat modeling. 


khammond on DSK30JT082PROD with BILLS
7 

•HR 4 IH

Sec. 734. National Institute of Standards and Technology cybersecurity standards. 

Sec. 735. Cybersecurity research coordination. 

Sec. 736. Cybersecurity research and development program. 

Subtitle E—FAA Research and Development Activities 

Sec. 741. Research plan for the certification of new technologies into the national airspace system. 

Sec. 742. Aviation fuel research, development, and usage. 

Sec. 743. Air traffic surveillance over oceans and other remote locations. 

Sec. 744. Single-piloted commercial cargo aircraft. 

Sec. 745. Electromagnetic spectrum research and development. 

TITLE VIII—AVIATION REVENUE PROVISIONS 

Sec. 801. Expenditure authority from Airport and Airway Trust Fund. 

Sec. 802. Extension of taxes funding Airport and Airway Trust Fund. 

1 SEC. 2. EFFECTIVE DATE. 

2 Except as otherwise expressly provided, this Act and 

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

4 date of enactment of this Act. 

5 TITLE I—AUTHORIZATIONS 

6 Subtitle A—Funding of FAA 

7 Programs 

8 SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 

9 NOISE COMPATIBILITY PLANNING AND PRO10 GRAMS. 

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

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

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

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

15 ‘‘(1) $3,350,000,000 for fiscal year 2018; 

16 ‘‘(2) $3,350,000,000 for fiscal year 2019; 

17 ‘‘(3) $3,350,000,000 for fiscal year 2020; 


khammond on DSK30JT082PROD with BILLS
8 

•HR 4 IH

1 ‘‘(4) $3,350,000,000 for fiscal year 2021; 

2 ‘‘(5) $3,350,000,000 for fiscal year 2022; and 

3 ‘‘(6) $3,350,000,000 for fiscal year 2023.’’. 

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

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

6 preceding paragraph (1) by striking ‘‘2018,’’ and inserting 

7 ‘‘2023,’’. 

8 SEC. 102. FACILITIES AND EQUIPMENT. 

9 (a) AUTHORIZATION OF APPROPRIATIONS FROM AIR10 PORT AND AIRWAY TRUST FUND.—Section 48101(a) of 

11 title 49, United States Code, is amended by striking para12 graphs (1) through (5) and inserting the following: 

13 ‘‘(1) $2,920,000,000 for fiscal year 2018. 

14 ‘‘(2) $2,984,000,000 for fiscal year 2019. 

15 ‘‘(3) $3,049,000,000 for fiscal year 2020. 

16 ‘‘(4) $3,118,000,000 for fiscal year 2021. 

17 ‘‘(5) $3,190,000,000 for fiscal year 2022. 

18 ‘‘(6) $3,263,000,000 for fiscal year 2023.’’. 

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

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

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

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


khammond on DSK30JT082PROD with BILLS
9 

•HR 4 IH

1 SEC. 103. FAA OPERATIONS. 

2 (a) IN GENERAL.—Section 106(k)(1) of title 49, 

3 United States Code, is amended by striking subpara4 graphs (A) through (F) and inserting the following: 

5 ‘‘(A) $10,231,000,000 for fiscal year 2018; 

6 ‘‘(B) $10,434,000,000 for fiscal year 2019; 

7 ‘‘(C) $10,639,000,000 for fiscal year 2020; 

8 ‘‘(D) $10,861,000,000 for fiscal year 

9 2021; 

10 ‘‘(E) $11,095,000,000 for fiscal year 2022; 

11 and 

12 ‘‘(F) $11,329,000,000 for fiscal year 

13 2023.’’. 

14 (b) AUTHORITY TO TRANSFER FUNDS.—Section 

15 106(k)(3) of title 49, United States Code, is amended by 

16 striking ‘‘fiscal years 2012 through 2018,’’ and inserting 

17 ‘‘fiscal years 2018 through 2023,’’. 

18 SEC. 104. ADJUSTMENT TO AIP PROGRAM FUNDING. 

19 Section 48112 of title 49, United States Code, and 

20 the item relating to such section in the analysis for chap21 ter 481 of such title, are repealed. 

22 SEC. 105. FUNDING FOR AVIATION PROGRAMS. 

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

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

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

26 2014 through 2018’’. 


khammond on DSK30JT082PROD with BILLS
10 

•HR 4 IH

1 Subtitle B—Passenger Facility 

2 Charges 

3 SEC. 111. PASSENGER FACILITY CHARGE MODERNIZATION. 

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

5 amended— 

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

7 inserting ‘‘$3, $4, or $4.50’’; 

8 (2) by repealing paragraph (4); 

9 (3) in paragraph (6)— 

10 (A) by striking ‘‘specified in paragraphs 

11 (1) and (4)’’ and inserting ‘‘specified in para12 graph (1)’’; and 

13 (B) by striking ‘‘imposed under paragraph 

14 (1) or (4)’’ and inserting ‘‘imposed under para15 graph (1)’’; and 

16 (4) in paragraph (7)(A)— 

17 (A) by striking ‘‘specified in paragraphs 

18 (1), (4), and (6)’’ and inserting ‘‘specified in 

19 paragraphs (1) and (6)’’; and 

20 (B) by striking ‘‘imposed under paragraph 

21 (1) or (4)’’ and inserting ‘‘imposed under para22 graph (1)’’. 


khammond on DSK30JT082PROD with BILLS
11 

•HR 4 IH

1 SEC. 112. PILOT PROGRAM FOR PASSENGER FACILITY 

2 CHARGE AUTHORIZATIONS. 

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

4 amended— 

5 (1) in the subsection heading by striking ‘‘AT

6 NONHUB AIRPORTS’’; and 

7 (2) in paragraph (1) by striking ‘‘nonhub’’. 

8 Subtitle C—Airport Improvement 

9 Program Modifications 

10 SEC. 121. CLARIFICATION OF AIRPORT OBLIGATION TO 

11 PROVIDE FAA AIRPORT SPACE. 

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

13 amended by adding at the end the following: 

14 ‘‘(f) AIRPORT SPACE.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the Administrator of the Federal Aviation 

17 Administration may not require an airport owner, 

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

19 provide building construction, maintenance, utilities, 

20 administrative support, or space on airport property 

21 to the Federal Aviation Administration without ade22 quate compensation. 

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

24 apply in any case in which an airport owner, oper25 ator, or sponsor— 


khammond on DSK30JT082PROD with BILLS
12 

•HR 4 IH

1 ‘‘(A) provides land or buildings without 

2 compensation to the Federal Aviation Adminis3 tration for facilities used to carry out activities 

4 related to air traffic control or navigation pur5 suant to a grant assurance; or 

6 ‘‘(B) provides goods or services to the Fed7 eral Aviation Administration without compensa8 tion or at below-market rates pursuant to a ne9 gotiated agreement between the owner, oper10 ator, or sponsor and the Administrator.’’. 

11 SEC. 122. MOTHERS’ ROOMS AT AIRPORTS. 

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

13 title 49, United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(29) ‘lactation area’ means a room or other lo16 cation in a commercial service airport that— 

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

18 the public to express breast milk that is shield19 ed from view and free from intrusion from the 

20 public; 

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

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

23 other flat surface, and an electrical outlet; 


khammond on DSK30JT082PROD with BILLS
13 

•HR 4 IH

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

2 individuals with disabilities, including individ3 uals who use wheelchairs; and 

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

5 (b) PROJECT GRANT WRITTEN ASSURANCES FOR

6 LARGE AND MEDIUM HUB AIRPORTS.— 

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

8 United States Code, is amended— 

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

10 the end; 

11 (B) in paragraph (21) by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

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

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

15 airport, the airport owner or operator will maintain 

16 a lactation area in each passenger terminal building 

17 of the airport in the sterile area (as defined in sec18 tion 1540.5 of title 49, Code of Federal Regulations) 

19 of the building.’’. 

20 (2) APPLICABILITY.— 

21 (A) IN GENERAL.—The amendment made 

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

23 application submitted for a fiscal year begin24 ning on or after the date that is 2 years after 

25 the date of enactment of this Act. 


khammond on DSK30JT082PROD with BILLS
14 

•HR 4 IH

1 (B) SPECIAL RULE.—The requirement in 

2 the amendment made by paragraph (1) that a 

3 lactation area be located in the sterile area of 

4 a passenger terminal building shall not apply 

5 with respect to a project grant application for 

6 a period of time, determined by the Secretary 

7 of Transportation, if the Secretary determines 

8 that construction or maintenance activities 

9 make it impracticable or unsafe for the lacta10 tion area to be located in the sterile area of the 

11 building. 

12 (c) TERMINAL DEVELOPMENT COSTS.—Section 

13 47119(a) of title 49, United States Code, is amended by 

14 adding at the end the following: 

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

16 projects described in paragraph (1), the Secretary 

17 may approve a project for terminal development for 

18 the construction or installation of a lactation area at 

19 a commercial service airport.’’. 

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

21 an airport sponsor, the Secretary may determine that a 

22 lactation area in existence on the date of enactment of 

23 this Act complies with the requirement of section 

24 47107(a)(22) of title 49, United States Code, as added 

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


khammond on DSK30JT082PROD with BILLS
15 

•HR 4 IH

1 facilities or characteristics referred to in the definition of 

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

3 as added by this section. 

4 SEC. 123. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

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

6 is amended by striking ‘‘2018’’ and inserting ‘‘2023’’. 

7 SEC. 124. GRANT ASSURANCES. 

8 (a) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 

9 Section 47107 of title 49, United States Code, is amended 

10 by adding at the end the following: 

11 ‘‘(u) CONSTRUCTION OF RECREATIONAL AIR12 CRAFT.— 

13 ‘‘(1) IN GENERAL.—The construction of a cov14 ered aircraft shall be treated as an aeronautical ac15 tivity for purposes of— 

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

17 with a grant assurance made under this section 

18 or any other provision of law; and 

19 ‘‘(B) the receipt of Federal financial assist20 ance for airport development. 

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

22 subsection, the term ‘covered aircraft’ means an air23 craft— 

24 ‘‘(A) used or intended to be used exclu25 sively for recreational purposes; and 


khammond on DSK30JT082PROD with BILLS
16 

•HR 4 IH

1 ‘‘(B) constructed or under construction by 

2 a private individual at a general aviation air3 port.’’. 

4 (b) COMMUNITY USE OF AIRPORT LAND.—Section 

5 47107 of title 49, United States Code, as amended by this 

6 section, is further amended by adding at the end the fol7 lowing: 

8 ‘‘(v) COMMUNITY USE OF AIRPORT LAND.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

10 (a)(13), and subject to paragraph (2), the sponsor 

11 of a public-use airport shall not be considered to be 

12 in violation of this subtitle, or to be found in viola13 tion of a grant assurance made under this section, 

14 or under any other provision of law, as a condition 

15 for the receipt of Federal financial assistance for 

16 airport development, solely because the sponsor has 

17 entered into an agreement, including a revised 

18 agreement, with a local government providing for the 

19 use of airport property for an interim compatible 

20 recreational purpose at below fair market value. 

21 ‘‘(2) RESTRICTIONS.—This subsection shall 

22 apply only— 

23 ‘‘(A) to an agreement regarding airport 

24 property that was initially entered into before 

25 the publication of the Federal Aviation AdminVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
17 

•HR 4 IH

1 istration’s Policy and Procedures Concerning 

2 the Use of Airport Revenue, dated February 

3 16, 1999; 

4 ‘‘(B) if the agreement between the sponsor 

5 and the local government is subordinate to any 

6 existing or future agreements between the spon7 sor and the Secretary, including agreements re8 lated to a grant assurance under this section; 

9 ‘‘(C) to airport property that was acquired 

10 under a Federal airport development grant pro11 gram; 

12 ‘‘(D) if the airport sponsor has provided a 

13 written statement to the Administrator that the 

14 property made available for a recreational pur15 pose will not be needed for any aeronautical 

16 purpose during the next 10 years; 

17 ‘‘(E) if the agreement includes a term of 

18 not more than 2 years to prepare the airport 

19 property for the interim compatible recreational 

20 purpose and not more than 10 years of use for 

21 that purpose; 

22 ‘‘(F) if the recreational purpose will not 

23 impact the aeronautical use of the airport; 

24 ‘‘(G) if the airport sponsor provides a cer25 tification that the sponsor is not responsible for 


khammond on DSK30JT082PROD with BILLS
18 

•HR 4 IH

1 preparation, start-up, operations, maintenance, 

2 or any other costs associated with the rec3 reational purpose; and 

4 ‘‘(H) if the recreational purpose is con5 sistent with Federal land use compatibility cri6 teria under section 47502. 

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

8 this subsection may be construed as permitting a di9 version of airport revenue for the capital or oper10 ating costs associated with the community use of 

11 airport land.’’. 

12 SEC. 125. GOVERNMENT SHARE OF PROJECT COSTS. 

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

14 amended— 

15 (1) in paragraph (1) by striking ‘‘primary air16 port having at least .25 percent of the total number 

17 of passenger boardings each year at all commercial 

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

19 hub airport;’’; and 

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

21 following: 

22 ‘‘(5) 95 percent for a project that— 

23 ‘‘(A) the Administrator determines is a 

24 successive phase of a multi-phase construction 


khammond on DSK30JT082PROD with BILLS
19 

•HR 4 IH

1 project for which the sponsor received a grant 

2 in fiscal year 2011; and 

3 ‘‘(B) for which the United States Govern4 ment’s share of allowable project costs could 

5 otherwise be 90 percent under paragraph (2) or 

6 (3).’’. 

7 SEC. 126. UPDATED VETERANS’ PREFERENCE. 

8 Section 47112(c)(1)(C) of title 49, United States 

9 Code, is amended— 

10 (1) by striking ‘‘or Operation New Dawn for 

11 more’’ and inserting ‘‘Operation New Dawn, Oper12 ation Inherent Resolve, Operation Freedom’s Sen13 tinel, or any successor contingency operation to such 

14 operations for more’’; and 

15 (2) by striking ‘‘or Operation New Dawn 

16 (whichever is later)’’ and inserting ‘‘Operation New 

17 Dawn, Operation Inherent Resolve, Operation Free18 dom’s Sentinel, or any successor contingency oper19 ation to such operations (whichever is later)’’. 

20 SEC. 127. SPECIAL RULE. 

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

22 is amended by adding at the end the following: 

23 ‘‘(C) During fiscal years 2018 through 

24 2020— 


khammond on DSK30JT082PROD with BILLS
20 

•HR 4 IH

1 ‘‘(i) an airport that accrued appor2 tionment funds under subparagraph (A) in 

3 fiscal year 2013 that is listed as having an 

4 unclassified status under the most recent 

5 national plan of integrated airport systems 

6 shall continue to accrue apportionment 

7 funds under subparagraph (A) at the same 

8 amount the airport accrued apportionment 

9 funds in fiscal year 2013, subject to the 

10 conditions of this paragraph; 

11 ‘‘(ii) notwithstanding the period of 

12 availability as described in section 

13 47117(b), an amount apportioned to an 

14 airport under clause (i) shall be available 

15 to the airport only during the fiscal year in 

16 which the amount is apportioned; and 

17 ‘‘(iii) notwithstanding the waiver per18 mitted under section 47117(c)(2), an air19 port receiving apportionment funds under 

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

21 part of the apportioned funds in order to 

22 make the funds available for a grant for 

23 another public-use airport. 

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

25 classified status shall be eligible to accrue apVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
21 

•HR 4 IH

1 portionment funds pursuant to subparagraph 

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

3 status.’’. 

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

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

6 amended— 

7 (1) by striking subsection (i); 

8 (2) by redesignating subsection (j) as sub9 section (i); and 

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

11 striking ‘‘fiscal years 2012 through 2018’’ and in12 serting ‘‘fiscal years 2018 through 2023’’. 

13 SEC. 129. NONDISCRIMINATION. 

14 Section 47123 of title 49, United States Code, is 

15 amended— 

16 (1) by striking ‘‘The Secretary of Transpor17 tation’’ and inserting the following: 

18 ‘‘(a) IN GENERAL.—The Secretary of Transpor19 tation’’; and 

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

21 ‘‘(b) INDIAN EMPLOYMENT.— 

22 ‘‘(1) TRIBAL SPONSOR PREFERENCE.—Con23 sistent with section 703(i) of the Civil Rights Act of 

24 1964 (42 U.S.C. 2000e–2(i)), nothing in this section 

25 shall preclude the preferential employment of IndiVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
22 

•HR 4 IH

1 ans living on or near a reservation on a project or 

2 contract at— 

3 ‘‘(A) an airport sponsored by an Indian 

4 tribal government; or 

5 ‘‘(B) an airport located on an Indian res6 ervation. 

7 ‘‘(2) STATE PREFERENCE.—A State may imple8 ment a preference for employment of Indians on a 

9 project carried out under this subchapter near an 

10 Indian reservation. 

11 ‘‘(3) IMPLEMENTATION.—The Secretary shall 

12 cooperate with Indian tribal governments and the 

13 States to implement this subsection. 

14 ‘‘(4) INDIAN TRIBAL GOVERNMENT DEFINED.— 

15 In this section, the term ‘Indian tribal government’ 

16 has the same meaning given that term in section 

17 102 of the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act (42 U.S.C. 5122).’’. 

19 SEC. 130. STATE BLOCK GRANT PROGRAM EXPANSION. 

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

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

22 for fiscal years 2000 and 2001 and 10 qualified States 

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

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


khammond on DSK30JT082PROD with BILLS
23 

•HR 4 IH

1 SEC. 131. MIDWAY ISLAND AIRPORT. 

2 Section 186(d) of the Vision 100—Century of Avia3 tion Reauthorization Act (117 Stat. 2518) is amended in 

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

5 2018’’ and inserting ‘‘fiscal years 2018 through 2023’’. 

6 SEC. 132. PROPERTY CONVEYANCE RELEASES. 

7 Section 817(a) of the FAA Modernization and Re8 form Act of 2012 (49 U.S.C. 47125 note) is amended— 

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

10 section 23’’; and 

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

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

13 SEC. 133. MINORITY AND DISADVANTAGED BUSINESS PAR14 TICIPATION. 

15 Congress finds the following: 

16 (1) While significant progress has occurred due 

17 to the establishment of the airport disadvantaged 

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

19 and 47113), discrimination and related barriers con20 tinue to pose significant obstacles for minority- and 

21 women-owned businesses seeking to do business in 

22 airport-related markets across the Nation. These 

23 continuing barriers merit the continuation of the air24 port disadvantaged business enterprise program. 

25 (2) Congress has received and reviewed testi26 mony and documentation of race and gender disVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
24 

•HR 4 IH

1 crimination from numerous sources, including con2 gressional hearings and roundtables, scientific re3 ports, reports issued by public and private agencies, 

4 news stories, reports of discrimination by organiza5 tions and individuals, and discrimination lawsuits. 

6 This testimony and documentation shows that race7 and gender-neutral efforts alone are insufficient to 

8 address the problem. 

9 (3) This testimony and documentation dem10 onstrates that discrimination across the Nation 

11 poses a barrier to full and fair participation in air12 port-related businesses of women business owners 

13 and minority business owners in the racial groups 

14 detailed in parts 23 and 26 of title 49, Code of Fed15 eral Regulations, and has impacted firm develop16 ment and many aspects of airport-related business 

17 in the public and private markets. 

18 (4) This testimony and documentation provides 

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

20 continuation of the airport disadvantaged business 

21 enterprise program and the airport concessions dis22 advantaged business enterprise program to address 

23 race and gender discrimination in airport-related 

24 business. 


khammond on DSK30JT082PROD with BILLS
25 

•HR 4 IH

1 SEC. 134. CONTRACT TOWER PROGRAM. 

2 (a) AIR TRAFFIC CONTROL CONTRACT PROGRAM.— 

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

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

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

6 such determination is made’’ and inserting the fol7 lowing: ‘‘exceeds the benefit— 

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

9 determination is made; or 

10 ‘‘(ii) if an appeal of such determina11 tion is requested, for the 1-year period de12 scribed in subsection (d)(4)(D)’’. 

13 (2) FUNDING OF COST-SHARE PROGRAM.—Sec14 tion 47124(b)(3)(E) of title 49, United States Code, 

15 is amended to read as follows: 

16 ‘‘(E) FUNDING.—Amounts appropriated pursu17 ant to section 106(k)(1) may be used to carry out 

18 this paragraph.’’. 

19 (3) CONSTRUCTION OF AIR TRAFFIC CONTROL

20 TOWERS.— 

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

22 title 49, United States Code, is amended in 

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

24 ‘‘, including remote air traffic control tower 

25 equipment certified by the Federal Aviation Ad26 ministration’’ after ‘‘1996’’. 


khammond on DSK30JT082PROD with BILLS
26 

•HR 4 IH

1 (B) ELIGIBILITY.—Section 

2 47124(b)(4)(B)(i)(I) of title 49, United States 

3 Code, is amended by striking ‘‘pilot’’. 

4 (C) LIMITATION ON FEDERAL SHARE.— 

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

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

7 (4) BENEFIT-TO-COST CALCULATION FOR PRO8 GRAM APPLICANTS.—Section 47124(b)(3) of title 49, 

9 United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘(G) BENEFIT-TO-COST CALCULATION.—Not 

12 later than 90 days after receiving an application to 

13 the Contract Tower Program, the Secretary shall 

14 calculate a benefit-to-cost ratio (as described in sub15 section (d)) for the applicable air traffic control 

16 tower for purposes of selecting towers for participa17 tion in the Contract Tower Program.’’. 

18 (b) CRITERIA TO EVALUATE PARTICIPANTS.—Sec19 tion 47124 of title 49, United States Code, is amended 

20 by adding at the end the following: 

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

22 ‘‘(1) TIMING OF EVALUATIONS.— 

23 ‘‘(A) TOWERS PARTICIPATING IN COST24 SHARE PROGRAM.—In the case of an air traffic 

25 control tower that is operated under the proVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
27 

•HR 4 IH

1 gram established under subsection (b)(3), the 

2 Secretary shall annually calculate a benefit-to3 cost ratio with respect to the tower. 

4 ‘‘(B) TOWERS PARTICIPATING IN CON5 TRACT TOWER PROGRAM.—In the case of an air 

6 traffic control tower that is operated under the 

7 program established under subsection (a) and 

8 continued under subsection (b)(1), the Sec9 retary shall not calculate a benefit-to-cost ratio 

10 after the date of enactment of this subsection 

11 with respect to the tower unless the Secretary 

12 determines that the annual aircraft traffic at 

13 the airport where the tower is located has de14 creased— 

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

16 previous year; or 

17 ‘‘(ii) by more than 55 percent cumula18 tively in the preceding 3-year period. 

19 ‘‘(2) COSTS TO BE CONSIDERED.—In estab20 lishing a benefit-to-cost ratio under this section with 

21 respect to an air traffic control tower, the Secretary 

22 shall consider only the following costs: 

23 ‘‘(A) The Federal Aviation Administra24 tion’s actual cost of wages and benefits of per25 sonnel working at the tower. 


khammond on DSK30JT082PROD with BILLS
28 

•HR 4 IH

1 ‘‘(B) The Federal Aviation Administra2 tion’s actual telecommunications costs directly 

3 associated with the tower. 

4 ‘‘(C) The Federal Aviation Administra5 tion’s costs of purchasing and installing any air 

6 traffic control equipment that would not have 

7 been purchased or installed except as a result of 

8 the operation of the tower. 

9 ‘‘(D) The Federal Aviation Administra10 tion’s actual travel costs associated with main11 taining air traffic control equipment that is 

12 owned by the Administration and would not be 

13 maintained except as a result of the operation 

14 of the tower. 

15 ‘‘(E) Other actual costs of the Federal 

16 Aviation Administration directly associated with 

17 the tower that would not be incurred except as 

18 a result of the operation of the tower (excluding 

19 costs for non-contract tower related personnel 

20 and equipment, even if the personnel or equip21 ment are located in the contract tower build22 ing). 

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

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

25 with respect to an air traffic control tower, the SecVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
29 

•HR 4 IH

1 retary shall add a 10 percentage point margin of 

2 error to the benefit-to-cost ratio determination to ac3 knowledge and account for the direct and indirect 

4 economic and other benefits that are not included in 

5 the criteria the Secretary used in calculating that 

6 ratio. 

7 ‘‘(4) REVIEW OF COST-BENEFIT DETERMINA8 TIONS.—In issuing a benefit-to-cost ratio determina9 tion under this section with respect to an air traffic 

10 control tower located at an airport, the Secretary 

11 shall implement the following procedures: 

12 ‘‘(A) The Secretary shall provide the air13 port (or the State or local government having 

14 jurisdiction over the airport) at least 90 days 

15 following the date of receipt of the determina16 tion to submit to the Secretary a request for an 

17 appeal of the determination, together with up18 dated or additional data in support of the ap19 peal. 

20 ‘‘(B) Upon receipt of a request for an ap21 peal submitted pursuant to subparagraph (A), 

22 the Secretary shall— 

23 ‘‘(i) transmit to the Administrator of 

24 the Federal Aviation Administration any 


khammond on DSK30JT082PROD with BILLS
30 

•HR 4 IH

1 updated or additional data submitted in 

2 support of the appeal; and 

3 ‘‘(ii) provide the Administrator not 

4 more than 90 days to review the data and 

5 provide a response to the Secretary based 

6 on the review. 

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

8 Administrator pursuant to subparagraph (B), 

9 the Secretary shall— 

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

11 government that requested the appeal at 

12 least 30 days to review the response; and 

13 ‘‘(ii) withhold from taking further ac14 tion in connection with the appeal during 

15 that 30-day period. 

16 ‘‘(D) If, after completion of the appeal pro17 cedures with respect to the determination, the 

18 Secretary requires the tower to transition into 

19 the program established under subsection 

20 (b)(3), the Secretary shall not require a cost21 share payment from the airport, State, or local 

22 government for 1 year following the last day of 

23 the 30-day period described in subparagraph 

24 (C).’’. 


khammond on DSK30JT082PROD with BILLS
31 

•HR 4 IH

1 SEC. 135. AIRPORT ACCESS ROADS IN REMOTE LOCATIONS. 

2 Notwithstanding section 47102 of title 49, United 

3 States Code, for fiscal years 2018 through 2021, the defi4 nition of the term ‘‘terminal development’’ under that sec5 tion includes the development of an airport access road 

6 that— 

7 (1) is located in a noncontiguous State; 

8 (2) is not more than 3 miles in length; 

9 (3) connects to the nearest public roadways of 

10 not more than the 2 closest census designated 

11 places; and 

12 (4) is constructed for the purpose of connecting 

13 the census designated places with a planned or 

14 newly constructed airport. 

15 SEC. 136. BUY AMERICA REQUIREMENTS. 

16 (a) NOTICE OF WAIVERS.—If the Secretary of Trans17 portation determines that it is necessary to waive the ap18 plication of section 50101(a) of title 49, United States 

19 Code, based on a finding under section 50101(b) of that 

20 title, the Secretary, at least 10 days before the date on 

21 which the waiver takes effect, shall— 

22 (1) make publicly available, in an easily identifi23 able location on the website of the Department of 

24 Transportation, a detailed written justification of 

25 the waiver determination; and 


khammond on DSK30JT082PROD with BILLS
32 

•HR 4 IH

1 (2) provide an informal public notice and com2 ment opportunity on the waiver determination. 

3 (b) ANNUAL REPORT.—For each fiscal year, the Sec4 retary shall submit to the Committee on Transportation 

5 and Infrastructure of the House of Representatives and 

6 the Committee on Commerce, Science, and Transportation 

7 of the Senate a report on waivers issued under section 

8 50101 of title 49, United States Code, during the fiscal 

9 year. 

10 Subtitle D—Airport Noise and 

11 Environmental Streamlining 

12 SEC. 151. RECYCLING PLANS FOR AIRPORTS. 

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

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

15 ‘‘, the master plan’’. 

16 SEC. 152. PILOT PROGRAM SUNSET. 

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

18 States Code, is repealed. 

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

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

21 47140. 

22 (c) CLERICAL AMENDMENTS.—The analysis for 

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

24 (1) by striking the items relating to sections 

25 47140 and 47140a; and 


khammond on DSK30JT082PROD with BILLS
33 

•HR 4 IH

1 (2) by inserting after the item relating to sec2 tion 47139 the following: 

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

3 SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPAT4 IBLE LAND USE PLANNING AND PROJECTS 

5 BY STATE AND LOCAL GOVERNMENTS. 

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

7 amended by striking ‘‘2018’’ and inserting ‘‘2023’’. 

8 SEC. 154. UPDATING AIRPORT NOISE EXPOSURE MAPS. 

9 Section 47503(b) of title 49, United States Code, is 

10 amended to read as follows: 

11 ‘‘(b) REVISED MAPS.— 

12 ‘‘(1) IN GENERAL.—An airport operator that 

13 submitted a noise exposure map under subsection 

14 (a) shall submit a revised map to the Secretary if, 

15 in an area surrounding an airport, a change in the 

16 operation of the airport would establish a substantial 

17 new noncompatible use, or would significantly reduce 

18 noise over existing noncompatible uses, that is not 

19 reflected in either the existing conditions map or 

20 forecast map currently on file with the Federal Avia21 tion Administration. 

22 ‘‘(2) TIMING.—A submission under paragraph 

23 (1) shall be required only if the relevant change in 

24 the operation of the airport occurs during— 


khammond on DSK30JT082PROD with BILLS
34 

•HR 4 IH

1 ‘‘(A) the forecast period of the applicable 

2 noise exposure map submitted by an airport op3 erator under subsection (a); or 

4 ‘‘(B) the implementation period of the air5 port operator’s noise compatibility program.’’. 

6 SEC. 155. STAGE 3 AIRCRAFT STUDY. 

7 (a) STUDY.—Not later than 180 days after the date 

8 of enactment of this Act, the Comptroller General of the 

9 United States shall initiate a review of the potential bene10 fits, costs, and other impacts that would result from a 

11 phaseout of covered stage 3 aircraft. 

12 (b) CONTENTS.—The review shall include— 

13 (1) a determination of the number, types, fre14 quency of operations, and owners and operators of 

15 covered stage 3 aircraft; 

16 (2) an analysis of the potential benefits, costs, 

17 and other impacts to air carriers, general aviation 

18 operators, airports, communities surrounding air19 ports, and the general public associated with phasing 

20 out or reducing the operations of covered stage 3 

21 aircraft, assuming such a phaseout or reduction is 

22 put into effect over a reasonable period of time; 

23 (3) a determination of lessons learned from the 

24 phaseout of stage 2 aircraft that might be applicable 

25 to a phaseout or reduction in the operations of covVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
35 

•HR 4 IH

1 ered stage 3 aircraft, including comparisons between 

2 the benefits, costs, and other impacts associated 

3 with the phaseout of stage 2 aircraft and the poten4 tial benefits, costs, and other impacts determined 

5 under paragraph (2); 

6 (4) a determination of the costs and logistical 

7 challenges associated with recertifying stage 3 air8 craft capable of meeting stage 4 noise levels; and 

9 (5) a determination of stakeholder views on the 

10 feasibility and desirability of phasing out covered 

11 stage 3 aircraft, including the views of— 

12 (A) air carriers; 

13 (B) airports; 

14 (C) communities surrounding airports; 

15 (D) aircraft and avionics manufacturers; 

16 (E) operators of covered stage 3 aircraft 

17 other than air carriers; and 

18 (F) such other stakeholders and aviation 

19 experts as the Comptroller General considers 

20 appropriate. 

21 (c) REPORT.—Not later than 18 months after the 

22 date of enactment of this Act, the Comptroller General 

23 shall submit to the Committee on Transportation and In24 frastructure of the House of Representatives and the ComVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
36 

•HR 4 IH

1 mittee on Commerce, Science, and Transportation of the 

2 Senate a report on the results of the review. 

3 (d) COVERED STAGE 3 AIRCRAFT DEFINED.—In this 

4 section, the term ‘‘covered stage 3 aircraft’’ means a civil 

5 subsonic jet aircraft that is not capable of meeting the 

6 stage 4 noise levels in part 36 of title 14, Code of Federal 

7 Regulations. 

8 SEC. 156. ADDRESSING COMMUNITY NOISE CONCERNS. 

9 When proposing a new area navigation departure pro10 cedure, or amending an existing procedure that would di11 rect aircraft between the surface and 6,000 feet above 

12 ground level over noise sensitive areas, the Administrator 

13 of the Federal Aviation Administration shall consider the 

14 feasibility of dispersal headings or other lateral track vari15 ations to address community noise concerns, if— 

16 (1) the affected airport operator, in consulta17 tion with the affected community, submits a request 

18 to the Administrator for such a consideration; 

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

20 the judgment of the Administrator, conflict with the 

21 safe and efficient operation of the national airspace 

22 system; and 

23 (3) the effect of a modified departure procedure 

24 would not significantly increase noise over noise sen25 sitive areas, as determined by the Administrator. 


khammond on DSK30JT082PROD with BILLS
37 

•HR 4 IH

1 SEC. 157. STUDY ON POTENTIAL HEALTH IMPACTS OF 

2 OVERFLIGHT NOISE. 

3 (a) IN GENERAL.—Not later than 180 days after the 

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

5 Federal Aviation Administration shall enter into an agree6 ment with an eligible institution of higher education to 

7 conduct a study on the health impacts of noise from air8 craft flights on residents exposed to a range of noise levels 

9 from such flights. 

10 (b) SCOPE OF STUDY.—The study shall— 

11 (1) include an examination of the incremental 

12 health impacts attributable to noise exposure that 

13 result from aircraft flights, including sleep disturb14 ance and elevated blood pressure; 

15 (2) be focused on residents in the metropolitan 

16 area of— 

17 (A) Boston; 

18 (B) Chicago; 

19 (C) the District of Columbia; 

20 (D) New York; 

21 (E) the Northern California Metroplex; 

22 (F) Phoenix; 

23 (G) the Southern California Metroplex; or 

24 (H) such other area as may be identified 

25 by the Administrator; 


khammond on DSK30JT082PROD with BILLS
38 

•HR 4 IH

1 (3) consider, in particular, the incremental 

2 health impacts on residents living partly or wholly 

3 underneath flight paths most frequently used by air4 craft flying at an altitude lower than 10,000 feet, in5 cluding during takeoff or landing; and 

6 (4) include an assessment of the relationship 

7 between a perceived increase in aircraft noise, in8 cluding as a result of a change in flight paths that 

9 increases the visibility of aircraft from a certain lo10 cation, and an actual increase in aircraft noise, par11 ticularly in areas with high or variable levels of non12 aircraft-related ambient noise. 

13 (c) ELIGIBILITY.—An institution of higher education 

14 is eligible to conduct the study if the institution— 

15 (1) has— 

16 (A) a school of public health that has par17 ticipated in the Center of Excellence for Air18 craft Noise and Aviation Emissions Mitigation 

19 of the Federal Aviation Administration; or 

20 (B) a center for environmental health that 

21 receives funding from the National Institute of 

22 Environmental Health Sciences; 

23 (2) is located in one of the areas identified in 

24 subsection (b); 


khammond on DSK30JT082PROD with BILLS
39 

•HR 4 IH

1 (3) applies to the Administrator in a timely 

2 fashion; 

3 (4) demonstrates to the satisfaction of the Ad4 ministrator that the institution is qualified to con5 duct the study; 

6 (5) agrees to submit to the Administrator, not 

7 later than 3 years after entering into an agreement 

8 under subsection (a), the results of the study, in9 cluding any source materials used; and 

10 (6) meets such other requirements as the Ad11 ministrator determines necessary. 

12 (d) REPORT.—Not later than 90 days after the Ad13 ministrator receives the results of the study, the Adminis14 trator shall submit to the Committee on Transportation 

15 and Infrastructure of the House of Representatives and 

16 the Committee on Commerce, Science, and Transportation 

17 of the Senate a report containing the results. 

18 SEC. 158. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 

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

20 shall carry out a pilot program involving not more than 

21 6 projects at public-use airports in accordance with this 

22 section. 

23 (b) GRANTS.—In carrying out the program, the Sec24 retary may make grants to sponsors of public-use airports 


khammond on DSK30JT082PROD with BILLS
40 

•HR 4 IH

1 from funds apportioned under section 47117(e)(1)(A) of 

2 title 49, United States Code. 

3 (c) USE OF FUNDS.—Amounts from a grant received 

4 by the sponsor of a public-use airport under the program 

5 shall be used for environmental mitigation projects that 

6 will measurably reduce or mitigate aviation impacts on 

7 noise, air quality, or water quality at the airport or within 

8 5 miles of the airport. 

9 (d) ELIGIBILITY.—Notwithstanding any other provi10 sion of chapter 471 of title 49, United States Code, an 

11 environmental mitigation project approved under this sec12 tion shall be treated as eligible for assistance under that 

13 chapter. 

14 (e) SELECTION CRITERIA.—In selecting from among 

15 applicants for participation in the program, the Secretary 

16 may give priority consideration to projects that— 

17 (1) will achieve the greatest reductions in air18 craft noise, airport emissions, or airport water qual19 ity impacts either on an absolute basis or on a per 

20 dollar of funds expended basis; and 

21 (2) will be implemented by an eligible consor22 tium. 

23 (f) FEDERAL SHARE.—The Federal share of the cost 

24 of a project carried out under the program shall be 50 

25 percent. 


khammond on DSK30JT082PROD with BILLS
41 

•HR 4 IH

1 (g) MAXIMUM AMOUNT.—Not more than $2,500,000 

2 may be made available by the Secretary in grants under 

3 the program for any single project. 

4 (h) IDENTIFYING BEST PRACTICES.—The Secretary 

5 may establish and publish information identifying best 

6 practices for reducing or mitigating aviation impacts on 

7 noise, air quality, and water quality at airports or in the 

8 vicinity of airports based on the projects carried out under 

9 the program. 

10 (i) SUNSET.—The program shall terminate 5 years 

11 after the Secretary makes the first grant under the pro12 gram. 

13 (j) DEFINITIONS.—In this section, the following defi14 nitions apply: 

15 (1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi16 ble consortium’’ means a consortium that is com17 prised of 2 or more of the following entities: 

18 (A) Businesses incorporated in the United 

19 States. 

20 (B) Public or private educational or re21 search organizations located in the United 

22 States. 

23 (C) Entities of State or local governments 

24 in the United States. 

25 (D) Federal laboratories. 


khammond on DSK30JT082PROD with BILLS
42 

•HR 4 IH

1 (2) ENVIRONMENTAL MITIGATION PROJECT.— 

2 The term ‘‘environmental mitigation project’’ means 

3 a project that— 

4 (A) introduces new environmental mitiga5 tion techniques or technologies that have been 

6 proven in laboratory demonstrations; 

7 (B) proposes methods for efficient adapta8 tion or integration of new concepts into airport 

9 operations; and 

10 (C) will demonstrate whether new tech11 niques or technologies for environmental mitiga12 tion are— 

13 (i) practical to implement at or near 

14 multiple public-use airports; and 

15 (ii) capable of reducing noise, airport 

16 emissions, or water quality impacts in 

17 measurably significant amounts. 

18 SEC. 159. AIRCRAFT NOISE EXPOSURE. 

19 (a) REVIEW.—The Administrator of the Federal 

20 Aviation Administration shall conduct a review of the rela21 tionship between aircraft noise exposure and its effects on 

22 communities around airports. 

23 (b) REPORT.— 

24 (1) IN GENERAL.—Not later than 2 years after 

25 the date of enactment of this Act, the Administrator 


khammond on DSK30JT082PROD with BILLS
43 

•HR 4 IH

1 shall submit to Congress a report containing the re2 sults of the review. 

3 (2) PRELIMINARY RECOMMENDATIONS.—The 

4 report shall contain such preliminary recommenda5 tions as the Administrator determines appropriate 

6 for revising the land use compatibility guidelines in 

7 part 150 of title 14, Code of Federal Regulations, 

8 based on the results of the review and in coordina9 tion with other agencies. 

10 SEC. 160. COMMUNITY INVOLVEMENT IN FAA NEXTGEN 

11 PROJECTS LOCATED IN METROPLEXES. 

12 (a) COMMUNITY INVOLVEMENT POLICY.—Not later 

13 than 180 days after the date of enactment of this Act, 

14 the Administrator of the Federal Aviation Administration 

15 shall complete a review of the Federal Aviation Adminis16 tration’s community involvement practices for Next Gen17 eration Air Transportation System (NextGen) projects lo18 cated in metroplexes identified by the Administration. The 

19 review shall include, at a minimum, a determination of 

20 how and when to engage airports and communities in per21 formance-based navigation proposals. 

22 (b) REPORT.—Not later than 60 days after comple23 tion of the review, the Administrator shall submit to the 

24 Committee on Transportation and Infrastructure of the 

25 House of Representatives and the Committee on ComVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
44 

•HR 4 IH

1 merce, Science, and Transportation of the Senate a report 

2 on— 

3 (1) how the Administration will improve com4 munity involvement practices for NextGen projects 

5 located in metroplexes; 

6 (2) how and when the Administration will en7 gage airports and communities in performance-based 

8 navigation proposals; and 

9 (3) lessons learned from NextGen projects and 

10 pilot programs and how those lessons learned are 

11 being integrated into community involvement prac12 tices for future NextGen projects located in 

13 metroplexes. 

14 SEC. 161. CRITICAL HABITAT ON OR NEAR AIRPORT PROP15 ERTY. 

16 (a) FEDERAL AGENCY REQUIREMENTS.—The Sec17 retary of Transportation, to the maximum extent prac18 ticable, shall work with the heads of appropriate Federal 

19 agencies to ensure that designations of critical habitat, as 

20 that term is defined in section 3 of the Endangered Spe21 cies Act of 1973 (16 U.S.C. 1532), on or near airport 

22 property do not— 

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

24 Federal grant assurance requirements for airports or 

25 aircraft operators; 


khammond on DSK30JT082PROD with BILLS
45 

•HR 4 IH

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

2 or 

3 (3) occur on airport-owned lands that have be4 come attractive habitat for a threatened or endan5 gered species because such lands— 

6 (A) have been prepared for future develop7 ment; 

8 (B) have been designated as noise buffer 

9 land; or 

10 (C) are held by the airport to prevent en11 croachment of uses that are incompatible with 

12 airport operations. 

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

14 State agency is authorized to designate land on or near 

15 airport property for the conservation of a threatened or 

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

17 maximum extent practicable, shall work with the State in 

18 the same manner as the Secretary works with the heads 

19 of Federal agencies under subsection (a). 

20 SEC. 162. CLARIFICATION OF REIMBURSABLE ALLOWED 

21 COSTS OF FAA MEMORANDA OF AGREEMENT. 

22 Section 47504(c)(2) of title 49, United States Code, 

23 is amended— 

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

25 the end; 


khammond on DSK30JT082PROD with BILLS
46 

•HR 4 IH

1 (2) in subparagraph (E) by striking the period 

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

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

4 ‘‘(F) to an airport operator of a congested air5 port (as defined in section 47175) and a unit of 

6 local government referred to in paragraph (1)(B) to 

7 carry out a project to mitigate noise, if the project— 

8 ‘‘(i) consists of— 

9 ‘‘(I) replacement windows, doors, and 

10 the installation of through-the-wall air-con11 ditioning units; or 

12 ‘‘(II) a contribution of the equivalent 

13 costs to be used for reconstruction, if re14 construction is the preferred local solution; 

15 ‘‘(ii) is located at a school near the airport; 

16 and 

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

18 agreement entered into before September 30, 

19 2002, even if the airport has not met the re20 quirements of part 150 of title 14, Code of Fed21 eral Regulations, and only if the financial limi22 tations of the memorandum are applied.’’. 


khammond on DSK30JT082PROD with BILLS
47 

•HR 4 IH

1 TITLE II—FAA SAFETY 

2 CERTIFICATION REFORM 

3 Subtitle A—General Provisions 

4 SEC. 201. DEFINITIONS. 

5 In this title, the following definitions apply: 

6 (1) FAA.—The term ‘‘FAA’’ means the Fed7 eral Aviation Administration. 

8 (2) SAFETY OVERSIGHT AND CERTIFICATION

9 ADVISORY COMMITTEE.—The term ‘‘Safety Over10 sight and Certification Advisory Committee’’ means 

11 the Safety Oversight and Certification Advisory 

12 Committee established under section 202. 

13 (3) SYSTEMS SAFETY APPROACH.—The term 

14 ‘‘systems safety approach’’ means the application of 

15 specialized technical and managerial skills to the 

16 systematic, forward-looking identification and con17 trol of hazards throughout the lifecycle of a project, 

18 program, or activity. 

19 SEC. 202. SAFETY OVERSIGHT AND CERTIFICATION ADVI20 SORY COMMITTEE. 

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

22 date of enactment of this Act, the Secretary of Transpor23 tation shall establish a Safety Oversight and Certification 

24 Advisory Committee (in this section referred to as the 

25 ‘‘Advisory Committee’’). 


khammond on DSK30JT082PROD with BILLS
48 

•HR 4 IH

1 (b) DUTIES.—The Advisory Committee shall provide 

2 advice to the Secretary on policy-level issues facing the 

3 aviation community that are related to FAA certification 

4 and safety oversight programs and activities, including, at 

5 a minimum, the following: 

6 (1) Aircraft and flight standards certification 

7 processes, including efforts to streamline those proc8 esses. 

9 (2) Implementation and oversight of safety 

10 management systems. 

11 (3) Risk-based oversight efforts. 

12 (4) Utilization of delegation and designation au13 thorities. 

14 (5) Regulatory interpretation standardization 

15 efforts. 

16 (6) Training programs. 

17 (7) Expediting the rulemaking process and giv18 ing priority to rules related to safety. 

19 (c) FUNCTIONS.—The Advisory Committee shall 

20 carry out the following functions (as the functions relate 

21 to FAA certification and safety oversight programs and 

22 activities): 

23 (1) Foster industry collaboration in an open 

24 and transparent manner. 

25 (2) Consult with, and ensure participation by— 


khammond on DSK30JT082PROD with BILLS
49 

•HR 4 IH

1 (A) the private sector, including represent2 atives of— 

3 (i) general aviation; 

4 (ii) commercial aviation; 

5 (iii) aviation labor; 

6 (iv) aviation maintenance; 

7 (v) aviation, aerospace, and avionics 

8 manufacturing; 

9 (vi) unmanned aircraft systems opera10 tors and manufacturers; and 

11 (vii) the commercial space transpor12 tation industry; 

13 (B) members of the public; and 

14 (C) other interested parties. 

15 (3) Establish consensus national goals, strategic 

16 objectives, and priorities for the most efficient, 

17 streamlined, and cost-effective certification and over18 sight processes in order to maintain the safety of the 

19 aviation system and, at the same time, allow the 

20 FAA to meet future needs and ensure that aviation 

21 stakeholders remain competitive in the global mar22 ketplace. 

23 (4) Provide policy guidance for the FAA’s cer24 tification and safety oversight efforts. 


khammond on DSK30JT082PROD with BILLS
50 

•HR 4 IH

1 (5) Provide ongoing policy reviews of the FAA’s 

2 certification and safety oversight efforts. 

3 (6) Make appropriate legislative, regulatory, 

4 and guidance recommendations for the air transpor5 tation system and the aviation safety regulatory en6 vironment. 

7 (7) Establish performance objectives for the 

8 FAA and industry. 

9 (8) Establish performance metrics and goals for 

10 the FAA and the regulated aviation industry to be 

11 tracked and reviewed as streamlining and certifi12 cation reform and regulation standardization efforts 

13 progress. 

14 (9) Provide a venue for tracking progress to15 ward national goals and sustaining joint commit16 ments. 

17 (10) Develop recruiting, hiring, training, and 

18 continuing education objectives for FAA aviation 

19 safety engineers and aviation safety inspectors. 

20 (11) Provide advice and recommendations to 

21 the FAA on how to prioritize safety rulemaking 

22 projects. 

23 (12) Improve the development of FAA regula24 tions by providing information, advice, and rec25 ommendations related to aviation issues. 


khammond on DSK30JT082PROD with BILLS
51 

•HR 4 IH

1 (13) Facilitate the validation of United States 

2 products abroad. 

3 (d) MEMBERSHIP.— 

4 (1) IN GENERAL.—The Advisory Committee 

5 shall be composed of the following members: 

6 (A) The Administrator of the FAA (or the 

7 Administrator’s designee). 

8 (B) Individuals appointed by the Secretary 

9 to represent the following interests: 

10 (i) Aircraft and engine manufacturers. 

11 (ii) Avionics and equipment manufac12 turers. 

13 (iii) Labor organizations, including 

14 collective bargaining representatives of 

15 FAA aviation safety inspectors and avia16 tion safety engineers. 

17 (iv) General aviation operators. 

18 (v) Air carriers. 

19 (vi) Business aviation operators. 

20 (vii) Unmanned aircraft systems man21 ufacturers and operators. 

22 (viii) Aviation safety management ex23 pertise. 

24 (ix) Aviation maintenance. 

25 (2) NONVOTING MEMBERS.— 


khammond on DSK30JT082PROD with BILLS
52 

•HR 4 IH

1 (A) IN GENERAL.—In addition to the 

2 members appointed under paragraph (1), the 

3 Advisory Committee shall be composed of non4 voting members appointed by the Secretary 

5 from among individuals representing FAA safe6 ty oversight program offices. 

7 (B) DUTIES.—The nonvoting members 

8 shall— 

9 (i) take part in deliberations of the 

10 Advisory Committee; and 

11 (ii) provide input with respect to any 

12 final reports or recommendations of the 

13 Advisory Committee. 

14 (C) LIMITATION.—The nonvoting members 

15 may not represent any stakeholder interest 

16 other than FAA safety oversight program of17 fices. 

18 (3) TERMS.—Each member and nonvoting 

19 member of the Advisory Committee appointed by the 

20 Secretary shall be appointed for a term of 2 years. 

21 (4) COMMITTEE CHARACTERISTICS.—The Advi22 sory Committee shall have the following characteris23 tics: 


khammond on DSK30JT082PROD with BILLS
53 

•HR 4 IH

1 (A) An executive-level membership, with 

2 members who can represent and enter into com3 mitments for their organizations. 

4 (B) The ability to obtain necessary infor5 mation from experts in the aviation and aero6 space communities. 

7 (C) A membership size that enables the 

8 Committee to have substantive discussions and 

9 reach consensus on issues in a timely manner. 

10 (D) Appropriate expertise, including exper11 tise in certification and risked-based safety 

12 oversight processes, operations, policy, tech13 nology, labor relations, training, and finance. 

14 (5) LIMITATION ON STATUTORY CONSTRUC15 TION.—Public Law 104–65 (2 U.S.C. 1601 et seq.) 

16 may not be construed to prohibit or otherwise limit 

17 the appointment of any individual as a member of 

18 the Advisory Committee. 

19 (e) CHAIRPERSON.— 

20 (1) IN GENERAL.—The Chairperson of the Ad21 visory Committee shall be appointed by the Sec22 retary from among those members of the Advisory 

23 Committee that are executive-level members of the 

24 aviation industry. 


khammond on DSK30JT082PROD with BILLS
54 

•HR 4 IH

1 (2) TERM.—Each member appointed under 

2 paragraph (1) shall serve a term of 1 year as Chair3 person. 

4 (f) MEETINGS.— 

5 (1) FREQUENCY.—The Advisory Committee 

6 shall meet at least twice each year at the call of the 

7 Chairperson. 

8 (2) PUBLIC ATTENDANCE.—The meetings of 

9 the Advisory Committee shall be open to the public. 

10 (g) SPECIAL COMMITTEES.— 

11 (1) ESTABLISHMENT.—The Advisory Com12 mittee may establish special committees composed of 

13 private sector representatives, members of the pub14 lic, labor representatives, and other interested par15 ties in complying with consultation and participation 

16 requirements under this section. 

17 (2) RULEMAKING ADVICE.—A special com18 mittee established by the Advisory Committee may— 

19 (A) provide rulemaking advice and rec20 ommendations to the Administrator with re21 spect to aviation-related issues; 

22 (B) afford the FAA additional opportuni23 ties to obtain firsthand information and insight 

24 from those parties that are most affected by ex25 isting and proposed regulations; and 


khammond on DSK30JT082PROD with BILLS
55 

•HR 4 IH

1 (C) expedite the development, revision, or 

2 elimination of rules without circumventing pub3 lic rulemaking processes and procedures. 

4 (3) APPLICABLE LAW.—Public Law 92–463 

5 shall not apply to a special committee established by 

6 the Advisory Committee. 

7 (h) SUNSET.—The Advisory Committee shall termi8 nate on the last day of the 6-year period beginning on 

9 the date of the initial appointment of the members of the 

10 Advisory Committee. 

11 (i) TERMINATION OF AIR TRAFFIC PROCEDURES AD12 VISORY COMMITTEE.—The Air Traffic Procedures Advi13 sory Committee established by the FAA shall terminate 

14 on the date of the initial appointment of the members of 

15 the Advisory Committee. 

16 Subtitle B—Aircraft Certification 

17 Reform 

18 SEC. 211. AIRCRAFT CERTIFICATION PERFORMANCE OB19 JECTIVES AND METRICS. 

20 (a) IN GENERAL.—Not later than 120 days after the 

21 date on which the Safety Oversight and Certification Advi22 sory Committee is established under section 202, the Ad23 ministrator of the FAA shall establish performance objec24 tives and apply and track metrics for the FAA and the 


khammond on DSK30JT082PROD with BILLS
56 

•HR 4 IH

1 aviation industry relating to aircraft certification in ac2 cordance with this section. 

3 (b) COLLABORATION.—The Administrator shall carry 

4 out this section in collaboration with the Safety Oversight 

5 and Certification Advisory Committee. 

6 (c) PERFORMANCE OBJECTIVES.—In carrying out 

7 subsection (a), the Administrator shall establish perform8 ance objectives for the FAA and the aviation industry to 

9 ensure that, with respect to aircraft certification, progress 

10 is made toward, at a minimum— 

11 (1) eliminating certification delays and improv12 ing cycle times; 

13 (2) increasing accountability for both FAA and 

14 industry entities; 

15 (3) achieving full utilization of FAA delegation 

16 and designation authorities; 

17 (4) fully implementing risk management prin18 ciples and a systems safety approach; 

19 (5) reducing duplication of effort; 

20 (6) increasing transparency; 

21 (7) establishing and providing training, includ22 ing recurrent training, in auditing and a systems 

23 safety approach to certification oversight; 


khammond on DSK30JT082PROD with BILLS
57 

•HR 4 IH

1 (8) improving the process for approving or ac2 cepting certification actions between the FAA and 

3 bilateral partners; 

4 (9) maintaining and improving safety; 

5 (10) streamlining the hiring process for— 

6 (A) qualified systems safety engineers to 

7 support FAA efforts to implement a systems 

8 safety approach; and 

9 (B) qualified systems engineers to guide 

10 the engineering of complex systems within the 

11 FAA; and 

12 (11) maintaining the leadership of the United 

13 States in international aviation and aerospace. 

14 (d) PERFORMANCE METRICS.—In carrying out sub15 section (a), the Administrator shall apply and track per16 formance metrics for the FAA and the regulated aviation 

17 industry established by the Safety Oversight and Certifi18 cation Advisory Committee. 

19 (e) DATA GENERATION.— 

20 (1) BASELINES.—Not later than 1 year after 

21 the date on which the Safety Oversight and Certifi22 cation Advisory Committee establishes initial per23 formance metrics for the FAA and the regulated 

24 aviation industry under section 202, the Adminis25 trator shall generate initial data with respect to each 


khammond on DSK30JT082PROD with BILLS
58 

•HR 4 IH

1 of the metrics applied and tracked under this sec2 tion. 

3 (2) MEASURING PROGRESS TOWARD GOALS.— 

4 The Administrator shall use the metrics applied and 

5 tracked under this section to generate data on an 

6 ongoing basis and to measure progress toward the 

7 achievement of national goals established by the 

8 Safety Oversight and Certification Advisory Com9 mittee. 

10 (f) PUBLICATION.—The Administrator shall make 

11 data generated using the metrics applied and tracked 

12 under this section available to the public in a searchable, 

13 sortable, and downloadable format through the internet 

14 website of the FAA and other appropriate methods and 

15 shall ensure that the data is made available in a manner 

16 that— 

17 (1) does not provide identifying information re18 garding an individual or entity; and 

19 (2) protects proprietary information. 

20 SEC. 212. ORGANIZATION DESIGNATION AUTHORIZATIONS. 

21 (a) IN GENERAL.—Chapter 447 of title 49, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘§ 44736. Organization designation authorizations 

25 ‘‘(a) DELEGATIONS OF FUNCTIONS.— 


khammond on DSK30JT082PROD with BILLS
59 

•HR 4 IH

1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), when overseeing an ODA holder, the Ad3 ministrator of the FAA shall— 

4 ‘‘(A) require, based on an application sub5 mitted by the ODA holder and approved by the 

6 Administrator (or the Administrator’s des7 ignee), a procedures manual that addresses all 

8 procedures and limitations regarding the func9 tions to be performed by the ODA holder; 

10 ‘‘(B) delegate fully to the ODA holder each 

11 of the functions to be performed as specified in 

12 the procedures manual, unless the Adminis13 trator determines, after the date of the delega14 tion and as a result of an inspection or other 

15 investigation, that the public interest and safety 

16 of air commerce requires a limitation with re17 spect to 1 or more of the functions; and 

18 ‘‘(C) conduct regular oversight activities by 

19 inspecting the ODA holder’s delegated functions 

20 and taking action based on validated inspection 

21 findings. 

22 ‘‘(2) DUTIES OF ODA HOLDERS.—An ODA 

23 holder shall— 


khammond on DSK30JT082PROD with BILLS
60 

•HR 4 IH

1 ‘‘(A) perform each function delegated to 

2 the ODA holder in accordance with the ap3 proved procedures manual for the delegation; 

4 ‘‘(B) make the procedures manual avail5 able to each member of the appropriate ODA 

6 unit; and 

7 ‘‘(C) cooperate fully with oversight activi8 ties conducted by the Administrator in connec9 tion with the delegation. 

10 ‘‘(3) EXISTING ODA HOLDERS.—With regard to 

11 an ODA holder operating under a procedures man12 ual approved by the Administrator before the date of 

13 enactment of this section, the Administrator shall— 

14 ‘‘(A) at the request of the ODA holder and 

15 in an expeditious manner, approve revisions to 

16 the ODA holder’s procedures manual; 

17 ‘‘(B) delegate fully to the ODA holder each 

18 of the functions to be performed as specified in 

19 the procedures manual, unless the Adminis20 trator determines, after the date of the delega21 tion and as a result of an inspection or other 

22 investigation, that the public interest and safety 

23 of air commerce requires a limitation with re24 spect to one or more of the functions; and 


khammond on DSK30JT082PROD with BILLS
61 

•HR 4 IH

1 ‘‘(C) conduct regular oversight activities by 

2 inspecting the ODA holder delegated functions 

3 and taking action based on validated inspection 

4 findings. 

5 ‘‘(b) ODA OFFICE.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

7 after the date of enactment of this section, the Ad8 ministrator of the FAA shall identify, within the 

9 FAA Office of Aviation Safety, a centralized policy 

10 office to be known as the Organization Designation 

11 Authorization Office or the ODA Office. 

12 ‘‘(2) PURPOSE.—The purpose of the ODA Of13 fice shall be to oversee and ensure the consistency of 

14 the FAA’s audit functions under the ODA program 

15 across the FAA. 

16 ‘‘(3) FUNCTIONS.—The ODA Office shall— 

17 ‘‘(A) improve performance and ensure full 

18 utilization of the authorities delegated under 

19 the ODA program; 

20 ‘‘(B) create a more consistent approach to 

21 audit priorities, procedures, and training under 

22 the ODA program; 

23 ‘‘(C) review, in a timely fashion, a random 

24 sample of limitations on delegated authorities 


khammond on DSK30JT082PROD with BILLS
62 

•HR 4 IH

1 under the ODA program to determine if the 

2 limitations are appropriate; 

3 ‘‘(D) ensure national consistency in the in4 terpretation and application of the requirements 

5 of the ODA program, including any limitations, 

6 and in the performance of the ODA program; 

7 and 

8 ‘‘(E) at the request of an ODA holder, re9 view and approve new limitations to ODA func10 tions. 

11 ‘‘(c) DEFINITIONS.—In this section, the following 

12 definitions apply: 

13 ‘‘(1) FAA.—The term ‘FAA’ means the Fed14 eral Aviation Administration. 

15 ‘‘(2) ODA HOLDER.—The term ‘ODA holder’ 

16 means an entity authorized to perform functions 

17 pursuant to a delegation made by the Administrator 

18 of the FAA under section 44702(d). 

19 ‘‘(3) ODA UNIT.—The term ‘‘ODA unit’’ 

20 means a group of 2 or more individuals who per21 form, under the supervision of an ODA holder, au22 thorized functions under an ODA. 

23 ‘‘(4) ORGANIZATION.—The term ‘‘organization’’ 

24 means a firm, partnership, corporation, company, 


khammond on DSK30JT082PROD with BILLS
63 

•HR 4 IH

1 association, joint-stock association, or governmental 

2 entity. 

3 ‘‘(5) ORGANIZATION DESIGNATION AUTHORIZA4 TION; ODA.—The term ‘Organization Designation 

5 Authorization’ or ‘ODA’ means an authorization by 

6 the FAA under section 44702(d) for an organization 

7 comprised of 1 or more ODA units to perform ap8 proved functions on behalf of the FAA.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chap10 ter 447 of title 49, United States Code, is amended by 

11 adding at the end the following: 

‘‘44736. Organization designation authorizations.’’. 

12 SEC. 213. ODA REVIEW. 

13 (a) ESTABLISHMENT OF EXPERT REVIEW PANEL.— 

14 (1) EXPERT PANEL.—Not later than 60 days 

15 after the date of enactment of this Act, the Adminis16 trator of the FAA shall convene a multidisciplinary 

17 expert review panel (in this section referred to as the 

18 ‘‘Panel’’). 

19 (2) COMPOSITION OF PANEL.— 

20 (A) APPOINTMENT OF MEMBERS.—The 

21 Panel shall be composed of not more than 20 

22 members appointed by the Administrator. 

23 (B) QUALIFICATIONS.—The members ap24 pointed to the Panel shall— 


khammond on DSK30JT082PROD with BILLS
64 

•HR 4 IH

1 (i) each have a minimum of 5 years of 

2 experience in processes and procedures 

3 under the ODA program; and 

4 (ii) represent, at a minimum, ODA 

5 holders, aviation manufacturers, safety ex6 perts, and FAA labor organizations, in7 cluding labor representatives of FAA avia8 tion safety inspectors and aviation safety 

9 engineers. 

10 (b) SURVEY.—The Panel shall conduct a survey of 

11 ODA holders and ODA program applicants to document 

12 and assess FAA certification and oversight activities, in13 cluding use of the ODA program and the timeliness and 

14 efficiency of the certification process. 

15 (c) ASSESSMENT AND RECOMMENDATIONS.—The 

16 Panel shall assess and make recommendations con17 cerning— 

18 (1) the FAA’s processes and procedures under 

19 the ODA program and whether the processes and 

20 procedures function as intended; 

21 (2) the best practices of and lessons learned by 

22 ODA holders and individuals who provide oversight 

23 of ODA holders; 

24 (3) performance incentive policies related to the 

25 ODA program for FAA personnel; 


khammond on DSK30JT082PROD with BILLS
65 

•HR 4 IH

1 (4) training activities related to the ODA pro2 gram for FAA personnel and ODA holders; 

3 (5) the impact, if any, that oversight of the 

4 ODA program has on FAA resources and the FAA’s 

5 ability to process applications for certifications out6 side of the ODA program; and 

7 (6) the results of the survey conducted under 

8 subsection (b). 

9 (d) REPORT.—Not later than 180 days after the date 

10 the Panel is convened under subsection (a), the Panel shall 

11 submit to the Administrator, the Safety Oversight and 

12 Certification Advisory Committee, the Committee on 

13 Transportation and Infrastructure of the House of Rep14 resentatives, and the Committee on Commerce, Science, 

15 and Transportation of the Senate a report on the findings 

16 and recommendations of the Panel. 

17 (e) DEFINITIONS.—The definitions contained in sec18 tion 44736 of title 49, United States Code, as added by 

19 this Act, apply to this section. 

20 (f) APPLICABLE LAW.—Public Law 92–463 shall not 

21 apply to the Panel. 

22 (g) SUNSET.—The Panel shall terminate on the date 

23 of submission of the report under subsection (d), or on 

24 the date that is 1 year after the Panel is convened under 

25 subsection (a), whichever occurs first. 


khammond on DSK30JT082PROD with BILLS
66 

•HR 4 IH

1 SEC. 214. TYPE CERTIFICATION RESOLUTION PROCESS. 

2 (a) IN GENERAL.—Section 44704(a) of title 49, 

3 United States Code, is amended by adding at the end the 

4 following: 

5 ‘‘(6) TYPE CERTIFICATION RESOLUTION PROC6 ESS.— 

7 ‘‘(A) IN GENERAL.—Not later than 15 

8 months after the date of enactment of this 

9 paragraph, the Administrator shall establish an 

10 effective, timely, and milestone-based issue reso11 lution process for type certification activities 

12 under this subsection. 

13 ‘‘(B) PROCESS REQUIREMENTS.—The res14 olution process shall provide for— 

15 ‘‘(i) resolution of technical issues at 

16 pre-established stages of the certification 

17 process, as agreed to by the Administrator 

18 and the type certificate applicant; 

19 ‘‘(ii) automatic elevation to appro20 priate management personnel of the Fed21 eral Aviation Administration and the type 

22 certificate applicant of any major certifi23 cation process milestone that is not com24 pleted or resolved within a specific period 

25 of time agreed to by the Administrator and 

26 the type certificate applicant; and 


khammond on DSK30JT082PROD with BILLS
67 

•HR 4 IH

1 ‘‘(iii) resolution of a major certifi2 cation process milestone elevated pursuant 

3 to clause (ii) within a specific period of 

4 time agreed to by the Administrator and 

5 the type certificate applicant. 

6 ‘‘(C) MAJOR CERTIFICATION PROCESS

7 MILESTONE DEFINED.—In this paragraph, the 

8 term ‘major certification process milestone’ 

9 means a milestone related to a type certification 

10 basis, type certification plan, type inspection 

11 authorization, issue paper, or other major type 

12 certification activity agreed to by the Adminis13 trator and the type certificate applicant.’’. 

14 (b) TECHNICAL AMENDMENT.—Section 44704 of 

15 title 49, United States Code, is amended in the section 

16 heading by striking ‘‘airworthiness certificates,,’’ 

17 and inserting ‘‘airworthiness certificates,’’. 

18 SEC. 215. REVIEW OF CERTIFICATION PROCESS FOR SMALL 

19 GENERAL AVIATION AIRPLANES. 

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

21 date of enactment of this Act, the Inspector General of 

22 the Department of Transportation shall initiate a review 

23 of the Federal Aviation Administration’s implementation 

24 of the final rule titled ‘‘Revision of Airworthiness StandVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
68 

•HR 4 IH

1 ards for Normal, Utility, Acrobatic, and Commuter Cat2 egory Airplanes’’ (81 Fed. Reg. 96572). 

3 (b) CONSIDERATIONS.—In carrying out the review, 

4 the Inspector General shall assess— 

5 (1) how the rule puts into practice the Adminis6 tration’s efforts to implement performance and risk7 based safety standards; 

8 (2) whether the Administration’s implementa9 tion of the rule has improved safety and reduced the 

10 regulatory cost burden for the Administration and 

11 the aviation industry; and 

12 (3) if there are lessons learned from, and best 

13 practices developed as a result of, the rule that could 

14 be applied to airworthiness standards for other cat15 egories of aircraft. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of initiation of the review, the Inspector General shall sub18 mit to the Committee on Transportation and Infrastruc19 ture of the House of Representatives and the Committee 

20 on Commerce, Science, and Transportation of the Senate 

21 a report on the results of the review, including findings 

22 and recommendations. 


khammond on DSK30JT082PROD with BILLS
69 

•HR 4 IH

1 Subtitle C—Flight Standards 

2 Reform 

3 SEC. 231. FLIGHT STANDARDS PERFORMANCE OBJECTIVES 

4 AND METRICS. 

5 (a) IN GENERAL.—Not later than 120 days after the 

6 date on which the Safety Oversight and Certification Advi7 sory Committee is established under section 202, the Ad8 ministrator of the FAA shall establish performance objec9 tives and apply and track metrics for the FAA and the 

10 aviation industry relating to flight standards activities in 

11 accordance with this section. 

12 (b) COLLABORATION.—The Administrator shall carry 

13 out this section in collaboration with the Safety Oversight 

14 and Certification Advisory Committee. 

15 (c) PERFORMANCE OBJECTIVES.—In carrying out 

16 subsection (a), the Administrator shall establish perform17 ance objectives for the FAA and the aviation industry to 

18 ensure that, with respect to flight standards activities, 

19 progress is made toward, at a minimum— 

20 (1) eliminating delays with respect to such ac21 tivities; 

22 (2) increasing accountability for both FAA and 

23 industry entities; 

24 (3) achieving full utilization of FAA delegation 

25 and designation authorities; 


khammond on DSK30JT082PROD with BILLS
70 

•HR 4 IH

1 (4) fully implementing risk management prin2 ciples and a systems safety approach; 

3 (5) reducing duplication of effort; 

4 (6) eliminating inconsistent regulatory interpre5 tations and inconsistent enforcement activities; 

6 (7) improving and providing greater opportuni7 ties for training, including recurrent training, in au8 diting and a systems safety approach to oversight; 

9 (8) developing and allowing utilization of a sin10 gle master source for guidance; 

11 (9) providing and utilizing a streamlined appeal 

12 process for the resolution of regulatory interpreta13 tion questions; 

14 (10) maintaining and improving safety; and 

15 (11) increasing transparency. 

16 (d) METRICS.—In carrying out subsection (a), the 

17 Administrator shall apply and track performance metrics 

18 for the FAA and the regulated aviation industry estab19 lished by the Safety Oversight and Certification Advisory 

20 Committee. 

21 (e) DATA GENERATION.— 

22 (1) BASELINES.—Not later than 1 year after 

23 the date on which the Safety Oversight and Certifi24 cation Advisory Committee establishes initial per25 formance metrics for the FAA and the regulated 


khammond on DSK30JT082PROD with BILLS
71 

•HR 4 IH

1 aviation industry under section 202, the Adminis2 trator shall generate initial data with respect to each 

3 of the metrics applied and tracked under this sec4 tion. 

5 (2) MEASURING PROGRESS TOWARD GOALS.— 

6 The Administrator shall use the metrics applied and 

7 tracked under this section to generate data on an 

8 ongoing basis and to measure progress toward the 

9 achievement of national goals established by the 

10 Safety Oversight and Certification Advisory Com11 mittee. 

12 (f) PUBLICATION.—The Administrator shall make 

13 data generated using the metrics applied and tracked 

14 under this section available to the public in a searchable, 

15 sortable, and downloadable format through the internet 

16 website of the FAA and other appropriate methods and 

17 shall ensure that the data is made available in a manner 

18 that— 

19 (1) does not provide identifying information re20 garding an individual or entity; and 

21 (2) protects proprietary information. 

22 SEC. 232. FAA TASK FORCE ON FLIGHT STANDARDS RE23 FORM. 

24 (a) ESTABLISHMENT.—Not later than 90 days after 

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


khammond on DSK30JT082PROD with BILLS
72 

•HR 4 IH

1 the FAA shall establish the FAA Task Force on Flight 

2 Standards Reform (in this section referred to as the ‘‘Task 

3 Force’’). 

4 (b) MEMBERSHIP.— 

5 (1) APPOINTMENT.—The membership of the 

6 Task Force shall be appointed by the Administrator. 

7 (2) NUMBER.—The Task Force shall be com8 posed of not more than 20 members. 

9 (3) REPRESENTATION REQUIREMENTS.—The 

10 membership of the Task Force shall include rep11 resentatives, with knowledge of flight standards reg12 ulatory processes and requirements, of— 

13 (A) air carriers; 

14 (B) general aviation; 

15 (C) business aviation; 

16 (D) repair stations; 

17 (E) unmanned aircraft systems operators; 

18 (F) flight schools; 

19 (G) labor unions, including those rep20 resenting FAA aviation safety inspectors; and 

21 (H) aviation safety experts. 

22 (c) DUTIES.—The duties of the Task Force shall in23 clude, at a minimum, identifying best practices and pro24 viding recommendations, for current and anticipated 

25 budgetary environments, with respect to— 


khammond on DSK30JT082PROD with BILLS
73 

•HR 4 IH

1 (1) simplifying and streamlining flight stand2 ards regulatory processes; 

3 (2) reorganizing Flight Standards Services to 

4 establish an entity organized by function rather than 

5 geographic region, if appropriate; 

6 (3) FAA aviation safety inspector training op7 portunities; 

8 (4) FAA aviation safety inspector standards 

9 and performance; and 

10 (5) achieving, across the FAA, consistent— 

11 (A) regulatory interpretations; and 

12 (B) application of oversight activities. 

13 (d) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Task Force shall submit to 

15 the Committee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee on Com17 merce, Science, and Transportation of the Senate a report 

18 detailing— 

19 (1) the best practices identified and rec20 ommendations provided by the Task Force under 

21 subsection (c); and 

22 (2) any recommendations of the Task Force for 

23 additional regulatory action or cost-effective legisla24 tive action. 


khammond on DSK30JT082PROD with BILLS
74 

•HR 4 IH

1 (e) APPLICABLE LAW.—Public Law 92–463 shall not 

2 apply to the Task Force. 

3 (f) TERMINATION.—The Task Force shall terminate 

4 on the earlier of— 

5 (1) the date on which the Task Force submits 

6 the report required under subsection (d); or 

7 (2) the date that is 18 months after the date 

8 on which the Task Force is established under sub9 section (a). 

10 SEC. 233. CENTRALIZED SAFETY GUIDANCE DATABASE. 

11 (a) ESTABLISHMENT.—Not later than 1 year after 

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

13 the FAA shall establish a centralized safety guidance data14 base that will— 

15 (1) encompass all of the regulatory guidance 

16 documents of the FAA Office of Aviation Safety; 

17 (2) contain, for each such guidance document, 

18 a link to the Code of Federal Regulations provision 

19 to which the document relates; and 

20 (3) be publicly available in a manner that— 

21 (A) does not provide identifying informa22 tion regarding an individual or entity; and 

23 (B) protects proprietary information. 

24 (b) DATA ENTRY TIMING.— 


khammond on DSK30JT082PROD with BILLS
75 

•HR 4 IH

1 (1) EXISTING DOCUMENTS.—Not later than 14 

2 months after the date of enactment of this Act, the 

3 Administrator shall begin entering into the database 

4 established under subsection (a) all of the regulatory 

5 guidance documents of the Office of Aviation Safety 

6 that are in effect and were issued before the date on 

7 which the Administrator begins such entry process. 

8 (2) NEW DOCUMENTS AND CHANGES.—On and 

9 after the date on which the Administrator begins the 

10 document entry process under paragraph (1), the 

11 Administrator shall ensure that all new regulatory 

12 guidance documents of the Office of Aviation Safety 

13 and any changes to existing documents are included 

14 in the database established under subsection (a). 

15 (c) CONSULTATION REQUIREMENT.—In establishing 

16 the database under subsection (a), the Administrator shall 

17 consult and collaborate with appropriate stakeholders, in18 cluding labor organizations (including those representing 

19 aviation workers and FAA aviation safety inspectors) and 

20 industry stakeholders. 

21 (d) REGULATORY GUIDANCE DOCUMENTS DE22 FINED.—In this section, the term ‘‘regulatory guidance 

23 documents’’ means all forms of written information issued 

24 by the FAA that an individual or entity may use to inter25 pret or apply FAA regulations and requirements, includVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
76 

•HR 4 IH

1 ing information an individual or entity may use to deter2 mine acceptable means of compliance with such regula3 tions and requirements. 

4 SEC. 234. REGULATORY CONSISTENCY COMMUNICATIONS 

5 BOARD. 

6 (a) ESTABLISHMENT.—Not later than 180 days after 

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

8 the FAA shall establish a Regulatory Consistency Commu9 nications Board (in this section referred to as the 

10 ‘‘Board’’). 

11 (b) CONSULTATION REQUIREMENT.—In establishing 

12 the Board, the Administrator shall consult and collaborate 

13 with appropriate stakeholders, including FAA labor orga14 nizations (including labor organizations representing FAA 

15 aviation safety inspectors) and industry stakeholders. 

16 (c) MEMBERSHIP.—The Board shall be composed of 

17 FAA representatives, appointed by the Administrator, 

18 from— 

19 (1) the Flight Standards Service; 

20 (2) the Aircraft Certification Service; and 

21 (3) the Office of the Chief Counsel. 

22 (d) FUNCTIONS.—The Board shall carry out the fol23 lowing functions: 

24 (1) Establish, at a minimum, processes by 

25 which— 


khammond on DSK30JT082PROD with BILLS
77 

•HR 4 IH

1 (A) FAA personnel and regulated entities 

2 may submit anonymous regulatory interpreta3 tion questions without fear of retaliation; and 

4 (B) FAA personnel may submit written 

5 questions, and receive written responses, as to 

6 whether a previous approval or regulatory inter7 pretation issued by FAA personnel in another 

8 office or region is correct or incorrect. 

9 (2) Meet on a regular basis to discuss and re10 solve questions submitted pursuant to paragraph (1) 

11 and the appropriate application of regulations and 

12 policy with respect to each question. 

13 (3) Provide to an individual or entity that sub14 mitted a question pursuant to paragraph (1) a time15 ly response to the question. 

16 (4) Establish a process to make resolutions of 

17 common regulatory interpretation questions publicly 

18 available to FAA personnel and regulated entities 

19 without providing any identifying data of the indi20 viduals or entities that submitted the questions and 

21 in a manner that protects any proprietary informa22 tion. 

23 (5) Ensure the incorporation of resolutions of 

24 questions submitted pursuant to paragraph (1) into 

25 regulatory guidance documents. 


khammond on DSK30JT082PROD with BILLS
78 

•HR 4 IH

1 (e) PERFORMANCE METRICS, TIMELINES, AND

2 GOALS.—Not later than 180 days after the date on which 

3 the Safety Oversight and Certification Advisory Com4 mittee establishes performance metrics for the FAA and 

5 the regulated aviation industry under section 202, the Ad6 ministrator, in collaboration with the Advisory Committee, 

7 shall— 

8 (1) establish performance metrics, timelines, 

9 and goals to measure the progress of the Board in 

10 resolving regulatory interpretation questions sub11 mitted pursuant to subsection (d)(1); and 

12 (2) implement a process for tracking the 

13 progress of the Board in meeting the metrics, 

14 timelines, and goals established under paragraph 

15 (1). 

16 Subtitle D—Safety Workforce 

17 SEC. 241. SAFETY WORKFORCE TRAINING STRATEGY. 

18 (a) SAFETY WORKFORCE TRAINING STRATEGY.— 

19 Not later than 60 days after the date of enactment of this 

20 Act, the Administrator of the FAA shall establish a safety 

21 workforce training strategy that— 

22 (1) allows employees participating in organiza23 tion management teams or conducting ODA pro24 gram audits to complete, in a timely fashion, approVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
79 

•HR 4 IH

1 priate training, including recurrent training, in au2 diting and a systems safety approach to oversight; 

3 (2) seeks knowledge-sharing opportunities be4 tween the FAA and the aviation industry regarding 

5 new equipment and systems, best practices, and 

6 other areas of interest; 

7 (3) functions within the current and anticipated 

8 budgetary environments; and 

9 (4) includes milestones and metrics for meeting 

10 the requirements of paragraphs (1), (2), and (3). 

11 (b) REPORT.—Not later than 270 days after the date 

12 of establishment of the strategy required under subsection 

13 (a), the Administrator shall submit to the Committee on 

14 Transportation and Infrastructure of the House of Rep15 resentatives and the Committee on Commerce, Science, 

16 and Transportation of the Senate a report on the imple17 mentation of the strategy and progress in meeting any 

18 milestones and metrics included in the strategy. 

19 (c) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) ODA; ODA HOLDER.—The terms ‘‘ODA’’ 

22 and ‘‘ODA holder’’ have the meanings given those 

23 terms in section 44736 of title 49, United States 

24 Code, as added by this Act. 


khammond on DSK30JT082PROD with BILLS
80 

•HR 4 IH

1 (2) ORGANIZATION MANAGEMENT TEAM.—The 

2 term ‘‘organization management team’’ means a 

3 team consisting of FAA aviation safety engineers, 

4 flight test pilots, and aviation safety inspectors over5 seeing an ODA holder and its certification activity. 

6 SEC. 242. WORKFORCE REVIEW. 

7 (a) WORKFORCE REVIEW.—Not later than 90 days 

8 after the date of enactment of this Act, the Comptroller 

9 General of the United States shall conduct a review to as10 sess the workforce and training needs of the FAA Office 

11 of Aviation Safety in the anticipated budgetary environ12 ment. 

13 (b) CONTENTS.—The review required under sub14 section (a) shall include— 

15 (1) a review of current aviation safety inspector 

16 and aviation safety engineer hiring, training, and re17 current training requirements; 

18 (2) an analysis of the skills and qualifications 

19 required of aviation safety inspectors and aviation 

20 safety engineers for successful performance in the 

21 current and future projected aviation safety regu22 latory environment, including the need for a systems 

23 engineering discipline within the FAA to guide the 

24 engineering of complex systems, with an emphasis 

25 on auditing designated authorities; 


khammond on DSK30JT082PROD with BILLS
81 

•HR 4 IH

1 (3) a review of current performance incentive 

2 policies of the FAA, as applied to the Office of Avia3 tion Safety, including awards for performance; 

4 (4) an analysis of ways the FAA can work with 

5 industry and labor, including labor groups rep6 resenting FAA aviation safety inspectors and avia7 tion safety engineers, to establish knowledge-sharing 

8 opportunities between the FAA and the aviation in9 dustry regarding new equipment and systems, best 

10 practices, and other areas of interest; and 

11 (5) recommendations on the most effective 

12 qualifications, training programs (including e-learn13 ing training), and performance incentive approaches 

14 to address the needs of the future projected aviation 

15 safety regulatory system in the anticipated budg16 etary environment. 

17 (c) REPORT.—Not later than 270 days after the date 

18 of enactment of this Act, the Comptroller General shall 

19 submit to the Committee on Transportation and Infra20 structure of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate a report on the results of the review required under 

23 subsection (a). 


khammond on DSK30JT082PROD with BILLS
82 

•HR 4 IH

1 Subtitle E—International Aviation 

2 SEC. 251. PROMOTION OF UNITED STATES AEROSPACE 

3 STANDARDS, PRODUCTS, AND SERVICES 

4 ABROAD. 

5 Section 40104 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(d) PROMOTION OF UNITED STATES AEROSPACE

8 STANDARDS, PRODUCTS, AND SERVICES ABROAD.—The 

9 Administrator shall take appropriate actions to— 

10 ‘‘(1) promote United States aerospace safety 

11 standards abroad; 

12 ‘‘(2) facilitate and vigorously defend approvals 

13 of United States aerospace products and services 

14 abroad; 

15 ‘‘(3) with respect to bilateral partners, utilize 

16 bilateral safety agreements and other mechanisms to 

17 improve validation of United States type certificated 

18 aeronautical products and appliances and enhance 

19 mutual acceptance in order to eliminate 

20 redundancies and unnecessary costs; and 

21 ‘‘(4) with respect to foreign safety authorities, 

22 streamline validation and coordination processes.’’. 


khammond on DSK30JT082PROD with BILLS
83 

•HR 4 IH

1 SEC. 252. BILATERAL EXCHANGES OF SAFETY OVERSIGHT 

2 RESPONSIBILITIES. 

3 Section 44701(e) of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(5) FOREIGN AIRWORTHINESS DIRECTIVES.— 

6 ‘‘(A) ACCEPTANCE.—The Administrator 

7 may accept an airworthiness directive issued by 

8 an aeronautical safety authority of a foreign 

9 country, and leverage that authority’s regu10 latory process, if— 

11 ‘‘(i) the country is the state of design 

12 for the product that is the subject of the 

13 airworthiness directive; 

14 ‘‘(ii) the United States has a bilateral 

15 safety agreement relating to aircraft cer16 tification with the country; 

17 ‘‘(iii) as part of the bilateral safety 

18 agreement with the country, the Adminis19 trator has determined that such aero20 nautical safety authority has a certification 

21 system relating to safety that produces a 

22 level of safety equivalent to the level pro23 duced by the system of the Federal Avia24 tion Administration; 

25 ‘‘(iv) the aeronautical safety authority 

26 of the country utilizes an open and transVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
84 

•HR 4 IH

1 parent notice and comment process in the 

2 issuance of airworthiness directives; and 

3 ‘‘(v) the airworthiness directive is nec4 essary to provide for the safe operation of 

5 the aircraft subject to the directive. 

6 ‘‘(B) ALTERNATIVE APPROVAL PROCESS.— 

7 Notwithstanding subparagraph (A), the Admin8 istrator may issue a Federal Aviation Adminis9 tration airworthiness directive instead of accept10 ing an airworthiness directive otherwise eligible 

11 for acceptance under such subparagraph, if the 

12 Administrator determines that such issuance is 

13 necessary for safety or operational reasons due 

14 to the complexity or unique features of the Fed15 eral Aviation Administration airworthiness di16 rective or the United States aviation system. 

17 ‘‘(C) ALTERNATIVE MEANS OF COMPLI18 ANCE.—The Administrator may— 

19 ‘‘(i) accept an alternative means of 

20 compliance, with respect to an airworthi21 ness directive accepted under subpara22 graph (A), that was approved by the aero23 nautical safety authority of the foreign 

24 country that issued the airworthiness di25 rective; or 


khammond on DSK30JT082PROD with BILLS
85 

•HR 4 IH

1 ‘‘(ii) notwithstanding subparagraph 

2 (A), and at the request of any person af3 fected by an airworthiness directive accept4 ed under such subparagraph, approve an 

5 alternative means of compliance with re6 spect to the airworthiness directive. 

7 ‘‘(D) LIMITATION.—The Administrator 

8 may not accept an airworthiness directive 

9 issued by an aeronautical safety authority of a 

10 foreign country if the airworthiness directive 

11 addresses matters other than those involving 

12 the safe operation of an aircraft.’’. 

13 SEC. 253. FAA LEADERSHIP ABROAD. 

14 (a) IN GENERAL.—To promote United States aero15 space safety standards, reduce redundant regulatory activ16 ity, and facilitate acceptance of FAA design and produc17 tion approvals abroad, the Administrator of the FAA 

18 shall— 

19 (1) attain greater expertise in issues related to 

20 dispute resolution, intellectual property, and export 

21 control laws to better support FAA certification and 

22 other aerospace regulatory activities abroad; 

23 (2) work with United States companies to more 

24 accurately track the amount of time it takes foreign 

25 authorities, including bilateral partners, to validate 


khammond on DSK30JT082PROD with BILLS
86 

•HR 4 IH

1 United States type certificated aeronautical prod2 ucts; 

3 (3) provide assistance to United States compa4 nies that have experienced significantly long foreign 

5 validation wait times; 

6 (4) work with foreign authorities, including bi7 lateral partners, to collect and analyze data to deter8 mine the timeliness of the acceptance and validation 

9 of FAA design and production approvals by foreign 

10 authorities and the acceptance and validation of for11 eign-certified products by the FAA; 

12 (5) establish appropriate benchmarks and 

13 metrics to measure the success of bilateral aviation 

14 safety agreements and to reduce the validation time 

15 for United States type certificated aeronautical 

16 products abroad; and 

17 (6) work with foreign authorities, including bi18 lateral partners, to improve the timeliness of the ac19 ceptance and validation of FAA design and produc20 tion approvals by foreign authorities and the accept21 ance and validation of foreign-certified products by 

22 the FAA. 

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

24 of enactment of this Act, the Administrator of the FAA 

25 shall submit to the Committee on Transportation and InVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
87 

•HR 4 IH

1 frastructure of the House of Representatives and the Com2 mittee on Commerce, Science, and Transportation of the 

3 Senate a report that— 

4 (1) describes the FAA’s strategic plan for inter5 national engagement; 

6 (2) describes the structure and responsibilities 

7 of all FAA offices that have international respon8 sibilities, including the Aircraft Certification Office, 

9 and all the activities conducted by those offices re10 lated to certification and production; 

11 (3) describes current and forecasted staffing 

12 and travel needs for the FAA’s international engage13 ment activities, including the needs of the Aircraft 

14 Certification Office in the current and forecasted 

15 budgetary environment; 

16 (4) provides recommendations, if appropriate, 

17 to improve the existing structure and personnel and 

18 travel policies supporting the FAA’s international 

19 engagement activities, including the activities of the 

20 Aviation Certification Office, to better support the 

21 growth of United States aerospace exports; and 

22 (5) identifies cost-effective policy initiatives, 

23 regulatory initiatives, or legislative initiatives needed 

24 to improve and enhance the timely acceptance of 

25 United States aerospace products abroad. 


khammond on DSK30JT082PROD with BILLS
88 

•HR 4 IH

1 (c) INTERNATIONAL TRAVEL.—The Administrator of 

2 the FAA, or the Administrator’s designee, may authorize 

3 international travel for any FAA employee, without the 

4 approval of any other person or entity, if the Adminis5 trator determines that the travel is necessary— 

6 (1) to promote United States aerospace safety 

7 standards; or 

8 (2) to support expedited acceptance of FAA de9 sign and production approvals. 

10 SEC. 254. REGISTRATION, CERTIFICATION, AND RELATED 

11 FEES. 

12 Section 45305 of title 49, United States Code, is 

13 amended— 

14 (1) in subsection (a) by striking ‘‘Subject to 

15 subsection (b)’’ and inserting ‘‘Subject to subsection 

16 (c)’’; 

17 (2) by redesignating subsections (b) and (c) as 

18 subsections (c) and (d), respectively; and 

19 (3) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) CERTIFICATION SERVICES.—Subject to sub22 section (c), and notwithstanding section 45301(a), the Ad23 ministrator may establish and collect a fee from a foreign 

24 government or entity for services related to certification, 

25 regardless of where the services are provided, if the fee— 


khammond on DSK30JT082PROD with BILLS
89 

•HR 4 IH

1 ‘‘(1) is established and collected in a manner 

2 consistent with aviation safety agreements; and 

3 ‘‘(2) does not exceed the estimated costs of the 

4 services.’’. 

5 TITLE III—SAFETY 

6 Subtitle A—General Provisions 

7 SEC. 301. FAA TECHNICAL TRAINING. 

8 (a) E-LEARNING TRAINING PILOT PROGRAM.—Not 

9 later than 90 days after the date of enactment of this Act, 

10 the Administrator of the Federal Aviation Administration, 

11 in collaboration with the exclusive bargaining representa12 tives of covered FAA personnel, shall establish an e-learn13 ing training pilot program in accordance with the require14 ments of this section. 

15 (b) CURRICULUM.—The pilot program shall— 

16 (1) include a recurrent training curriculum for 

17 covered FAA personnel to ensure that the personnel 

18 receive instruction on the latest aviation tech19 nologies, processes, and procedures; 

20 (2) focus on providing specialized technical 

21 training for covered FAA personnel, as determined 

22 necessary by the Administrator; 

23 (3) include training courses on applicable regu24 lations of the Federal Aviation Administration; and 


khammond on DSK30JT082PROD with BILLS
90 

•HR 4 IH

1 (4) consider the efficacy of instructor-led online 

2 training. 

3 (c) PILOT PROGRAM TERMINATION.—The pilot pro4 gram shall terminate 1 year after the date of establish5 ment of the pilot program. 

6 (d) E-LEARNING TRAINING PROGRAM.—Upon termi7 nation of the pilot program, the Administrator shall estab8 lish an e-learning training program that incorporates les9 sons learned for covered FAA personnel as a result of the 

10 pilot program. 

11 (e) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) COVERED FAA PERSONNEL.—The term 

14 ‘‘covered FAA personnel’’ means airway transpor15 tation systems specialists and aviation safety inspec16 tors of the Federal Aviation Administration. 

17 (2) E-LEARNING TRAINING.—The term ‘‘e18 learning training’’ means learning utilizing electronic 

19 technologies to access educational curriculum outside 

20 of a traditional classroom. 

21 SEC. 302. SAFETY CRITICAL STAFFING. 

22 (a) UPDATE OF FAA’S SAFETY CRITICAL STAFFING

23 MODEL.—Not later than 270 days after the date of enact24 ment of this Act, the Administrator of the Federal Avia25 tion Administration shall update the safety critical staffVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
91 

•HR 4 IH

1 ing model of the Administration to determine the number 

2 of aviation safety inspectors that will be needed to fulfill 

3 the safety oversight mission of the Administration. 

4 (b) AUDIT BY DOT INSPECTOR GENERAL.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 the date on which the Administrator has updated 

7 the safety critical staffing model under subsection 

8 (a), the Inspector General of the Department of 

9 Transportation shall conduct an audit of the staffing 

10 model. 

11 (2) CONTENTS.—The audit shall include, at a 

12 minimum— 

13 (A) a review of the assumptions and meth14 odologies used in devising and implementing the 

15 staffing model to assess the adequacy of the 

16 staffing model in predicting the number of avia17 tion safety inspectors needed— 

18 (i) to properly fulfill the mission of 

19 the Administration; and 

20 (ii) to meet the future growth of the 

21 aviation industry; and 

22 (B) a determination on whether the staff23 ing model takes into account the Administra24 tion’s authority to fully utilize designees. 

25 (3) REPORT ON AUDIT.— 


khammond on DSK30JT082PROD with BILLS
92 

•HR 4 IH

1 (A) REPORT TO SECRETARY.—Not later 

2 than 30 days after the date of completion of the 

3 audit, the Inspector General shall submit to the 

4 Secretary a report on the results of the audit. 

5 (B) REPORT TO CONGRESS.—Not later 

6 than 60 days after the date of receipt of the re7 port, the Secretary shall submit to the Com8 mittee on Transportation and Infrastructure of 

9 the House of Representatives and the Com10 mittee on Commerce, Science, and Transpor11 tation of the Senate a copy of the report, to12 gether with, if appropriate, a description of any 

13 actions taken or to be taken to address the re14 sults of the audit. 

15 SEC. 303. INTERNATIONAL EFFORTS REGARDING TRACK16 ING OF CIVIL AIRCRAFT. 

17 The Administrator of the Federal Aviation Adminis18 tration shall exercise leadership on creating a global ap19 proach to improving aircraft tracking by working with— 

20 (1) foreign counterparts of the Administrator in 

21 the International Civil Aviation Organization and its 

22 subsidiary organizations; 

23 (2) other international organizations and fora; 

24 and 

25 (3) the private sector. 


khammond on DSK30JT082PROD with BILLS
93 

•HR 4 IH

1 SEC. 304. AIRCRAFT DATA ACCESS AND RETRIEVAL SYS2 TEMS. 

3 (a) ASSESSMENT.—Not later than 90 days after the 

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

5 Federal Aviation Administration shall initiate an assess6 ment of aircraft data access and retrieval systems for part 

7 121 air carrier aircraft that are used in extended 

8 overwater operations to— 

9 (1) determine if the systems provide improved 

10 access and retrieval of aircraft data and cockpit 

11 voice recordings in the event of an aircraft accident; 

12 and 

13 (2) assess the cost effectiveness of each system 

14 assessed. 

15 (b) SYSTEMS TO BE EXAMINED.—The systems to be 

16 examined under this section shall include, at a minimum— 

17 (1) automatic deployable flight recorders; 

18 (2) emergency locator transmitters; and 

19 (3) satellite-based solutions. 

20 (c) REPORT.—Not later than 1 year after the date 

21 of initiation of the assessment, the Administrator shall 

22 submit to the Committee on Transportation and Infra23 structure of the House of Representatives and the Com24 mittee on Commerce, Science, and Transportation of the 

25 Senate a report on the results of the assessment. 


khammond on DSK30JT082PROD with BILLS
94 

•HR 4 IH

1 (d) PART 121 AIR CARRIER DEFINED.—In this sec2 tion, the term ‘‘part 121 air carrier’’ means an air carrier 

3 that holds a certificate issued under part 121 of title 14, 

4 Code of Federal Regulations. 

5 SEC. 305. ADVANCED COCKPIT DISPLAYS. 

6 (a) IN GENERAL.—Not later than 180 days after the 

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

8 Federal Aviation Administration shall initiate a review of 

9 heads-up display systems, heads-down display systems em10 ploying synthetic vision systems, and enhanced vision sys11 tems (in this section referred to as ‘‘HUD systems’’, 

12 ‘‘SVS’’, and ‘‘EVS’’, respectively). 

13 (b) CONTENTS.—The review shall— 

14 (1) evaluate the impacts of single- and dual-in15 stalled HUD systems, SVS, and EVS on the safety 

16 and efficiency of aircraft operations within the na17 tional airspace system; and 

18 (2) review a sufficient quantity of commercial 

19 aviation accidents or incidents in order to evaluate 

20 if HUD systems, SVS, and EVS would have pro21 duced a better outcome in that accident or incident. 

22 (c) CONSULTATION.—In conducting the review, the 

23 Administrator shall consult with aviation manufacturers, 

24 representatives of pilot groups, aviation safety organizaVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
95 

•HR 4 IH

1 tions, and any government agencies the Administrator 

2 considers appropriate. 

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

4 of enactment of this Act, the Administrator shall submit 

5 to the Committee on Transportation and Infrastructure 

6 of the House of Representatives and the Committee on 

7 Commerce, Science, and Transportation of the Senate a 

8 report containing the results of the review, the actions the 

9 Administrator plans to take with respect to the systems 

10 reviewed, and the associated timeline for such actions. 

11 SEC. 306. MARKING OF TOWERS. 

12 Section 2110 of the FAA Extension, Safety, and Se13 curity Act of 2016 (49 U.S.C. 44718 note) is amended— 

14 (1) by striking subsections (a) through (c) and 

15 inserting the following: 

16 ‘‘(a) APPLICATION.— 

17 ‘‘(1) IN GENERAL.—Except as provided by 

18 paragraph (2), not later than 1 year after the date 

19 of enactment of the FAA Reauthorization Act of 

20 2018 or the availability of the database developed by 

21 the Administrator of the Federal Aviation Adminis22 tration pursuant to subsection (c), whichever is 

23 later, all covered towers shall be either— 

24 ‘‘(A) clearly marked consistent with appli25 cable guidance in the advisory circular of the 


khammond on DSK30JT082PROD with BILLS
96 

•HR 4 IH

1 Federal Aviation Administration issued Decem2 ber 4, 2015 (AC 70/7460–IL); or 

3 ‘‘(B) included in the database described in 

4 subsection (c). 

5 ‘‘(2) METEOROLOGICAL EVALUATION TOWER.— 

6 A covered tower that is a meteorological evaluation 

7 tower shall be subject to the requirements of para8 graphs (1)(A) and (1)(B).’’; 

9 (2) by redesignating subsections (d) and (e) as 

10 subsections (b) and (c), respectively; 

11 (3) in subsection (b)(1)(A) (as so redesig12 nated)— 

13 (A) in clause (i)(I) by striking ‘‘self-stand14 ing or’’ and inserting ‘‘a meteorological evalua15 tion tower or tower’’; and 

16 (B) in clause (ii)— 

17 (i) in subclause (IV) by striking ‘‘or’’ 

18 at the end; 

19 (ii) in subclause (V) by striking the 

20 period at the end and inserting a semi21 colon; and 

22 (iii) by adding at the end the fol23 lowing: 

24 ‘‘(VI) is located within the right25 of-way of a rail carrier, including 


khammond on DSK30JT082PROD with BILLS
97 

•HR 4 IH

1 within the boundaries of a rail yard, 

2 and is used for a railroad purpose; 

3 ‘‘(VII) is determined by the Ad4 ministrator to pose no hazard to air 

5 navigation; or 

6 ‘‘(VIII) has already mitigated 

7 any hazard to aviation safety in ac8 cordance with Federal Aviation Ad9 ministration guidance or as otherwise 

10 approved by the Administrator.’’; and 

11 (4) in subsection (c) (as so redesignated)— 

12 (A) by striking paragraph (1) and insert13 ing the following: 

14 ‘‘(1) develop a database that contains the loca15 tion and height of each covered tower that, pursuant 

16 to subsection (a), the owner or operator of such 

17 tower elects not to mark, except that meteorological 

18 evaluation towers shall be marked and contained in 

19 the database;’’; 

20 (B) in paragraph (3) by striking ‘‘and’’ at 

21 the end; 

22 (C) in paragraph (4) by striking the period 

23 at the end and inserting a semicolon; and 

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


khammond on DSK30JT082PROD with BILLS
98 

•HR 4 IH

1 ‘‘(5) ensure that the tower information in the 

2 database is de-identified and that the information 

3 only includes the location and height of covered tow4 ers; and 

5 ‘‘(6) make the database available for use not 

6 later than 1 year after the date of enactment of the 

7 FAA Reauthorization Act of 2018.’’. 

8 SEC. 307. CABIN EVACUATION. 

9 (a) REVIEW.—The Administrator of the Federal 

10 Aviation Administration shall review— 

11 (1) evacuation certification of transport-cat12 egory aircraft used in air transportation, with regard 

13 to— 

14 (A) emergency conditions, including im15 pacts into water; 

16 (B) crew procedures used for evacuations 

17 under actual emergency conditions; and 

18 (C) any relevant changes to passenger de19 mographics and legal requirements (including 

20 the Americans with Disabilities Act of 1990) 

21 that affect emergency evacuations; and 

22 (2) recent accidents and incidents where pas23 sengers evacuated such aircraft. 

24 (b) CONSULTATION; REVIEW OF DATA.—In con25 ducting the review, the Administrator shall— 


khammond on DSK30JT082PROD with BILLS
99 

•HR 4 IH

1 (1) consult with the National Transportation 

2 Safety Board, transport-category aircraft manufac3 turers, air carriers, and other relevant experts and 

4 Federal agencies, including groups representing pas5 sengers, airline crewmembers, maintenance employ6 ees, and emergency responders; and 

7 (2) review relevant data with respect to evacu8 ation certification of transport-category aircraft. 

9 (c) REPORT TO CONGRESS.—Not later than 1 year 

10 after the date of enactment of this Act, the Administrator 

11 shall submit to the Committee on Transportation and In12 frastructure of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the 

14 Senate a report on the results of the review and related 

15 recommendations, if any, including any recommendations 

16 for revisions to the assumptions and methods used for as17 sessing evacuation certification of transport-category air18 craft. 

19 SEC. 308. ODA STAFFING AND OVERSIGHT. 

20 (a) REPORT TO CONGRESS.—Not later than 270 days 

21 after the date of enactment of this Act, the Administrator 

22 of the Federal Aviation Administration shall submit to the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives and the Committee on ComVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
100 

•HR 4 IH

1 merce, Science, and Transportation of the Senate a report 

2 on the Administration’s progress with respect to— 

3 (1) determining what additional model inputs 

4 and labor distribution codes are needed to identify 

5 ODA oversight staffing needs; 

6 (2) developing and implementing system-based 

7 evaluation criteria and risk-based tools to aid ODA 

8 team members in targeting their oversight activities; 

9 (3) developing agreements and processes for 

10 sharing resources to ensure adequate oversight of 

11 ODA personnel performing certification and inspec12 tion work at supplier and company facilities; and 

13 (4) ensuring full utilization of ODA authority. 

14 (b) ODA DEFINED.—In this section, the term 

15 ‘‘ODA’’ has the meaning given that term in section 44736 

16 of title 49, United States Code, as added by this Act. 

17 SEC. 309. FUNDING FOR ADDITIONAL SAFETY NEEDS. 

18 Section 44704 of title 49, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(f) FUNDING FOR ADDITIONAL SAFETY NEEDS.— 

21 ‘‘(1) ACCEPTANCE OF APPLICANT-PROVIDED

22 FUNDS.—Notwithstanding any other provision of 

23 law, the Administrator may accept funds from an 

24 applicant for a certificate under this section to hire 

25 additional staff or obtain the services of consultants 


khammond on DSK30JT082PROD with BILLS
101 

•HR 4 IH

1 and experts to facilitate the timely processing, re2 view, and issuance of certificates under this section. 

3 ‘‘(2) RULES OF CONSTRUCTION.— 

4 ‘‘(A) IN GENERAL.—Nothing in this sec5 tion may be construed as permitting the Admin6 istrator to grant priority or afford any pref7 erence to an applicant providing funds under 

8 paragraph (1). 

9 ‘‘(B) POLICIES AND PROCEDURES.—The 

10 Administrator shall implement such policies and 

11 procedures as may be required to ensure that 

12 the acceptance of funds under paragraph (1) 

13 does not prejudice the Administrator in the 

14 issuance of any certificate to an applicant. 

15 ‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL16 LECTIONS.—Notwithstanding section 3302 of title 

17 31, any funds accepted under this subsection— 

18 ‘‘(A) shall be credited as offsetting collec19 tions to the account that finances the activities 

20 and services for which the funds are accepted; 

21 ‘‘(B) shall be available for expenditure only 

22 to pay the costs of activities and services for 

23 which the funds are accepted; and 

24 ‘‘(C) shall remain available until ex25 pended.’’. 


khammond on DSK30JT082PROD with BILLS
102 

•HR 4 IH

1 SEC. 310. FUNDING FOR ADDITIONAL FAA LICENSING 

2 NEEDS. 

3 (a) IN GENERAL.—Chapter 509 of title 51, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 50924. Funding to facilitate FAA licensing 

7 ‘‘(a) IN GENERAL.—Notwithstanding any other pro8 vision of law, the Secretary of Transportation may accept 

9 funds from a person applying for a license or permit under 

10 this chapter to hire additional staff or obtain the services 

11 of consultants and experts— 

12 ‘‘(1) to facilitate the timely processing, review, 

13 and issuance of licenses or permits issued under this 

14 chapter; 

15 ‘‘(2) to conduct environmental activities, stud16 ies, or reviews associated with such licenses or per17 mits; or 

18 ‘‘(3) to conduct additional activities associated 

19 with or necessitated by such licenses or permits, in20 cluding pre-application consultation, hazard area de21 termination, or on-site inspection. 

22 ‘‘(b) RULES OF CONSTRUCTION.— 

23 ‘‘(1) IN GENERAL.—Nothing in this section 

24 may be construed as permitting the Secretary to 

25 grant priority or afford any preference to an appli26 cant providing funds under subsection (a). 


khammond on DSK30JT082PROD with BILLS
103 

•HR 4 IH

1 ‘‘(2) POLICIES AND PROCEDURES.—The Sec2 retary shall implement such policies and procedures 

3 as may be required to ensure that the acceptance of 

4 funds under subsection (a) does not prejudice the 

5 Secretary in the issuance of any license or permit to 

6 an applicant. 

7 ‘‘(c) RECEIPTS CREDITED AS OFFSETTING COLLEC8 TIONS.—Notwithstanding section 3302 of title 31, any 

9 funds accepted under this section— 

10 ‘‘(1) shall be credited as offsetting collections to 

11 the account that finances the activities and services 

12 for which the funds are accepted; 

13 ‘‘(2) shall be available for expenditure only to 

14 pay the costs of activities and services for which the 

15 funds are accepted; and 

16 ‘‘(3) shall remain available until expended.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 509 of title 51, United States Code, is amended by 

19 adding at the end the following: 

‘‘50924. Funding to facilitate FAA licensing.’’. 

20 SEC. 311. EMERGENCY MEDICAL EQUIPMENT ON PAS21 SENGER AIRCRAFT. 

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 shall evaluate and revise, 

25 as appropriate, regulations in part 121 of title 14, Code 


khammond on DSK30JT082PROD with BILLS
104 

•HR 4 IH

1 of Federal Regulations, regarding emergency medical 

2 equipment, including the contents of first-aid kits, applica3 ble to all certificate holders operating passenger aircraft 

4 under that part. 

5 (b) CONSIDERATION.—In carrying out subsection (a), 

6 the Administrator shall consider whether the minimum 

7 contents of approved emergency medical kits, including 

8 approved first-aid kits, include appropriate medications 

9 and equipment to meet the emergency medical needs of 

10 children. 

11 SEC. 312. HIMS PROGRAM. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Administrator of the Federal Aviation Ad14 ministration shall conduct a human intervention motiva15 tion study (HIMS) program for flight crewmembers em16 ployed by commercial air carriers operating in United 

17 States airspace. 

18 SEC. 313. ACCEPTANCE OF VOLUNTARILY PROVIDED SAFE19 TY INFORMATION. 

20 (a) IN GENERAL.—There shall be a presumption that 

21 an individual’s voluntary disclosure of an operational or 

22 maintenance issue related to aviation safety under an avia23 tion safety action program meets the criteria for accept24 ance as a valid disclosure under such program. 


khammond on DSK30JT082PROD with BILLS
105 

•HR 4 IH

1 (b) DISCLAIMER REQUIRED.—Any dissemination of 

2 a disclosure that was submitted and accepted under an 

3 aviation safety action program pursuant to the presump4 tion under subsection (a), but that has not undergone re5 view by an event review committee, shall be accompanied 

6 by a disclaimer stating that the disclosure— 

7 (1) has not been reviewed by an event review 

8 committee tasked with reviewing such disclosures; 

9 and 

10 (2) may subsequently be determined to be ineli11 gible for inclusion in the aviation safety action pro12 gram. 

13 (c) REJECTION OF DISCLOSURE.—A disclosure de14 scribed under subsection (a) shall be rejected from an 

15 aviation safety action program if, after a review of the dis16 closure, an event review committee tasked with reviewing 

17 such disclosures determines that the disclosure fails to 

18 meet the criteria for acceptance under such program. 

19 (d) AVIATION SAFETY ACTION PROGRAM DE20 FINED.—In this section, the term ‘‘aviation safety action 

21 program’’ means a program established in accordance with 

22 Federal Aviation Administration Advisory Circular 120– 

23 66B, issued November 15, 2002 (including any similar 

24 successor advisory circular), to allow an individual to volVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
106 

•HR 4 IH

1 untarily disclose operational or maintenance issues related 

2 to aviation safety. 

3 SEC. 314. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS 

4 AND REST REQUIREMENTS. 

5 (a) MODIFICATION OF FINAL RULE.— 

6 (1) IN GENERAL.—Not later than 30 days after 

7 the date of enactment of this Act, the Secretary of 

8 Transportation shall modify the final rule of the 

9 Federal Aviation Administration published in the 

10 Federal Register on August 19, 1994 (59 Fed. Reg. 

11 42974; relating to flight attendant duty period limi12 tations and rest requirements) in accordance with 

13 the requirements of this subsection. 

14 (2) CONTENTS.—The final rule, as modified 

15 under paragraph (1), shall ensure that— 

16 (A) a flight attendant scheduled to a duty 

17 period of 14 hours or less is given a scheduled 

18 rest period of at least 10 consecutive hours; and 

19 (B) the rest period is not reduced under 

20 any circumstances. 

21 (b) FATIGUE RISK MANAGEMENT PLAN.— 

22 (1) SUBMISSION OF PLAN BY PART 121 AIR CAR23 RIERS.—Not later than 90 days after the date of en24 actment of this Act, each air carrier operating under 

25 part 121 of title 14, Code of Federal Regulations (in 


khammond on DSK30JT082PROD with BILLS
107 

•HR 4 IH

1 this section referred to as a ‘‘part 121 air carrier’’), 

2 shall submit to the Administrator of the Federal 

3 Aviation Administration for review and acceptance a 

4 fatigue risk management plan for the carrier’s flight 

5 attendants. 

6 (2) CONTENTS OF PLAN.—A fatigue risk man7 agement plan submitted by a part 121 air carrier 

8 under paragraph (1) shall include the following: 

9 (A) Current flight time and duty period 

10 limitations. 

11 (B) A rest scheme consistent with such 

12 limitations that enables the management of 

13 flight attendant fatigue, including annual train14 ing to increase awareness of— 

15 (i) fatigue; 

16 (ii) the effects of fatigue on flight at17 tendants; and 

18 (iii) fatigue countermeasures. 

19 (C) Development and use of a methodology 

20 that continually assesses the effectiveness of im21 plementation of the plan, including the ability 

22 of the plan— 

23 (i) to improve alertness; and 

24 (ii) to mitigate performance errors. 


khammond on DSK30JT082PROD with BILLS
108 

•HR 4 IH

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

2 date of enactment of this Act, the Administrator 

3 shall review and accept or reject each fatigue risk 

4 management plan submitted under this subsection. 

5 If the Administrator rejects a plan, the Adminis6 trator shall provide suggested modifications for re7 submission of the plan. 

8 (4) PLAN UPDATES.— 

9 (A) IN GENERAL.—A part 121 air carrier 

10 shall update its fatigue risk management plan 

11 under paragraph (1) every 2 years and submit 

12 the update to the Administrator for review and 

13 acceptance. 

14 (B) REVIEW.—Not later than 1 year after 

15 the date of submission of a plan update under 

16 subparagraph (A), the Administrator shall re17 view and accept or reject the update. If the Ad18 ministrator rejects an update, the Adminis19 trator shall provide suggested modifications for 

20 resubmission of the update. 

21 (5) COMPLIANCE.—A part 121 air carrier shall 

22 comply with the fatigue risk management plan of the 

23 air carrier that is accepted by the Administrator 

24 under this subsection. 


khammond on DSK30JT082PROD with BILLS
109 

•HR 4 IH

1 (6) CIVIL PENALTIES.—A violation of this sub2 section by a part 121 air carrier shall be treated as 

3 a violation of chapter 447 of title 49, United States 

4 Code, for purposes of the application of civil pen5 alties under chapter 463 of that title. 

6 SEC. 315. SECONDARY COCKPIT BARRIERS. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Administrator of the Federal Aviation Ad9 ministration shall issue an order requiring the installation 

10 of a secondary cockpit barrier on each aircraft that is 

11 manufactured for delivery to a passenger air carrier in the 

12 United States operating under the provisions of part 121 

13 of title 14, Code of Federal Regulations. 

14 SEC. 316. AVIATION MAINTENANCE INDUSTRY TECHNICAL 

15 WORKFORCE. 

16 (a) STUDY.—The Comptroller General of the United 

17 States shall conduct a study on technical workers in the 

18 aviation maintenance industry. 

19 (b) CONTENTS.—In conducting the study, the Comp20 troller General shall— 

21 (1) analyze the current Standard Occupational 

22 Classification system with regard to the aviation 

23 profession, particularly technical workers in the avia24 tion maintenance industry; 


khammond on DSK30JT082PROD with BILLS
110 

•HR 4 IH

1 (2) analyze how changes to the Federal employ2 ment classification of aviation maintenance industry 

3 workers might affect government data on unemploy4 ment rates and wages; 

5 (3) analyze how changes to the Federal employ6 ment classification of aviation maintenance industry 

7 workers might affect projections for future aviation 

8 maintenance industry workforce needs and project 

9 technical worker shortfalls; 

10 (4) analyze the impact of Federal regulation, 

11 including Federal Aviation Administration oversight 

12 of certification, testing, and education programs, on 

13 employment of technical workers in the aviation 

14 maintenance industry; 

15 (5) develop recommendations on how Federal 

16 Aviation Administration regulations and policies 

17 could be improved to address aviation maintenance 

18 industry needs for technical workers; and 

19 (6) develop recommendations for better coordi20 nating actions by government, educational institu21 tions, and businesses to support workforce growth in 

22 the aviation maintenance industry. 

23 (c) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Comptroller General shall 

25 submit to the Committee on Transportation and InfraVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
111 

•HR 4 IH

1 structure of the House of Representatives and the Com2 mittee on Commerce, Science, and Transportation of the 

3 Senate a report on the results of the study. 

4 (d) DEFINITIONS.—In this section, the following defi5 nitions apply: 

6 (1) AVIATION MAINTENANCE INDUSTRY.—The 

7 term ‘‘aviation maintenance industry’’ means repair 

8 stations certificated under part 145 of title 14, Code 

9 of Federal Regulations. 

10 (2) TECHNICAL WORKER.—The term ‘‘technical 

11 worker’’ means an individual authorized under part 

12 43 of title 14, Code of Federal Regulations, to main13 tain, rebuild, alter, or perform preventive mainte14 nance on an aircraft, airframe, aircraft engine, pro15 peller, appliance, or component part or employed by 

16 an entity so authorized to perform such a function. 

17 SEC. 317. CRITICAL AIRFIELD MARKINGS. 

18 Not later than 180 days after the date of enactment 

19 of this Act, the Administrator of the Federal Aviation Ad20 ministration shall issue a request for proposal for a study 

21 that includes— 

22 (1) an independent, third party study to assess 

23 the durability of Type III and Type I glass beads 

24 applied to critical markings over a 2-year period at 

25 not fewer than 2 primary airports in varying weathVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
112 

•HR 4 IH

1 er conditions to measure the retroreflectivity levels 

2 of such markings on a quarterly basis; and 

3 (2) a study at 2 other airports carried out by 

4 applying Type III beads on half of the centerline 

5 and Type I beads to the other half and providing for 

6 assessments from pilots through surveys adminis7 tered by a third party as to the visibility and per8 formance of the Type III glass beads as compared 

9 to the Type I glass beads over a 1-year period. 

10 SEC. 318. REGULATORY REFORM. 

11 Section 106(p)(5) of title 49, United States Code, is 

12 amended by inserting ‘‘or aerospace’’ after ‘‘aviation’’. 

13 Subtitle B—Unmanned Aircraft 

14 Systems 

15 SEC. 331. DEFINITIONS. 

16 Except as otherwise provided, the definitions con17 tained in section 45501 of title 49, United States Code 

18 (as added by this Act), shall apply to this subtitle. 

19 SEC. 332. CODIFICATION OF EXISTING LAW; ADDITIONAL 

20 PROVISIONS. 

21 (a) IN GENERAL.—Subtitle VII of title 49, United 

22 States Code, is amended by inserting after chapter 453 

23 the following: 


khammond on DSK30JT082PROD with BILLS
113 

•HR 4 IH

1 ‘‘CHAPTER 455—UNMANNED AIRCRAFT 

2 SYSTEMS 

‘‘Sec. 

‘‘45501. Definitions. 

‘‘45502. Integration of civil unmanned aircraft systems into national airspace 

system. 

‘‘45503. Risk-based permitting of unmanned aircraft systems. 

‘‘45504. Public unmanned aircraft systems. 

‘‘45505. Special rules for certain unmanned aircraft systems. 

‘‘45506. Certification of new air navigation facilities for unmanned aircraft and 

other aircraft. 

‘‘45507. Special rules for certain UTM and low-altitude CNS. 

‘‘45508. Operation of small unmanned aircraft. 

‘‘45509. Special rules for model aircraft. 

‘‘45510. Carriage of property for compensation or hire. 

‘‘45511. Micro UAS operations. 

3 ‘‘§ 45501. Definitions 

4 ‘‘In this chapter, the following definitions apply: 

5 ‘‘(1) AERIAL DATA COLLECTION.—The term 

6 ‘aerial data collection’ means the gathering of data 

7 by a device aboard an unmanned aircraft during 

8 flight, including imagery, sensing, and measurement 

9 by such device. 

10 ‘‘(2) ARCTIC.—The term ‘Arctic’ means the 

11 United States zone of the Chukchi Sea, Beaufort 

12 Sea, and Bering Sea north of the Aleutian chain. 

13 ‘‘(3) CERTIFICATE OF WAIVER; CERTIFICATE

14 OF AUTHORIZATION.—The terms ‘certificate of waiv15 er’ and ‘certificate of authorization’ mean a Federal 

16 Aviation Administration grant of approval for a spe17 cific flight operation. 


khammond on DSK30JT082PROD with BILLS
114 

•HR 4 IH

1 ‘‘(4) CNS.—The term ‘CNS’ means a commu2 nication, navigation, or surveillance system or serv3 ice. 

4 ‘‘(5) MODEL AIRCRAFT.—the term ‘model air5 craft’ means an unmanned aircraft that is— 

6 ‘‘(A) capable of sustained flight in the at7 mosphere; 

8 ‘‘(B) flown within visual line of sight of the 

9 person operating the aircraft; and 

10 ‘‘(C) flown for hobby or recreational pur11 poses. 

12 ‘‘(6) PERMANENT AREAS.—The term ‘perma13 nent areas’ means areas on land or water that pro14 vide for launch, recovery, and operation of small un15 manned aircraft. 

16 ‘‘(7) PUBLIC UNMANNED AIRCRAFT SYSTEM.— 

17 The term ‘public unmanned aircraft system’ means 

18 an unmanned aircraft system that meets the quali19 fications and conditions required for operation of a 

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

21 ‘‘(8) SENSE-AND-AVOID CAPABILITY.—The term 

22 ‘sense-and-avoid capability’ means the capability of 

23 an unmanned aircraft to remain a safe distance 

24 from and to avoid collisions with other airborne air25 craft. 


khammond on DSK30JT082PROD with BILLS
115 

•HR 4 IH

1 ‘‘(9) SMALL UNMANNED AIRCRAFT.—The term 

2 ‘small unmanned aircraft’ means an unmanned air3 craft weighing less than 55 pounds, including every4 thing that is on board or otherwise attached to the 

5 aircraft. 

6 ‘‘(10) UNMANNED AIRCRAFT.—The term ‘un7 manned aircraft’ means an aircraft that is operated 

8 without the possibility of direct human intervention 

9 from within or on the aircraft. 

10 ‘‘(11) UNMANNED AIRCRAFT SYSTEM.—The 

11 term ‘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 pilot in command to operate safely and efficiently in 

16 the national airspace system. 

17 ‘‘(12) UTM.—The term ‘UTM’ means an un18 manned aircraft traffic management system or serv19 ice. 

20 ‘‘§ 45502. Integration of civil unmanned aircraft sys21 tems into national airspace system 

22 ‘‘(a) REQUIRED PLANNING FOR INTEGRATION.— 

23 ‘‘(1) COMPREHENSIVE PLAN.—Not later than 

24 November 10, 2012, the Secretary of Transpor25 tation, in consultation with representatives of the 


khammond on DSK30JT082PROD with BILLS
116 

•HR 4 IH

1 aviation industry, Federal agencies that employ un2 manned aircraft systems technology in the national 

3 airspace system, and the unmanned aircraft systems 

4 industry, shall develop a comprehensive plan to safe5 ly accelerate the integration of civil unmanned air6 craft systems into the national airspace system. 

7 ‘‘(2) CONTENTS OF PLAN.—The plan required 

8 under paragraph (1) shall contain, at a minimum, 

9 recommendations or projections on— 

10 ‘‘(A) the rulemaking to be conducted under 

11 subsection (b), with specific recommendations 

12 on how the rulemaking will— 

13 ‘‘(i) define the acceptable standards 

14 for operation and certification of civil un15 manned aircraft systems; 

16 ‘‘(ii) ensure that any civil unmanned 

17 aircraft system includes a sense-and-avoid 

18 capability; and 

19 ‘‘(iii) establish standards and require20 ments for the operator and pilot of a civil 

21 unmanned aircraft system, including 

22 standards and requirements for registra23 tion and licensing; 

24 ‘‘(B) the best methods to enhance the tech25 nologies and subsystems necessary to achieve 


khammond on DSK30JT082PROD with BILLS
117 

•HR 4 IH

1 the safe and routine operation of civil un2 manned aircraft systems in the national air3 space system; 

4 ‘‘(C) a phased-in approach to the integra5 tion of civil unmanned aircraft systems into the 

6 national airspace system; 

7 ‘‘(D) a timeline for the phased-in approach 

8 described under subparagraph (C); 

9 ‘‘(E) creation of a safe airspace designa10 tion for cooperative manned and unmanned 

11 flight operations in the national airspace sys12 tem; 

13 ‘‘(F) establishment of a process to develop 

14 certification, flight standards, and air traffic re15 quirements for civil unmanned aircraft systems 

16 at test ranges where such systems are subject 

17 to testing; 

18 ‘‘(G) the best methods to ensure the safe 

19 operation of civil unmanned aircraft systems 

20 and public unmanned aircraft systems simulta21 neously in the national airspace system; and 

22 ‘‘(H) incorporation of the plan into the an23 nual NextGen Implementation Plan document 

24 (or any successor document) of the Federal 

25 Aviation Administration. 


khammond on DSK30JT082PROD with BILLS
118 

•HR 4 IH

1 ‘‘(3) DEADLINE.—The plan required under 

2 paragraph (1) shall provide for the safe integration 

3 of civil unmanned aircraft systems into the national 

4 airspace system as soon as practicable, but not later 

5 than September 30, 2015. 

6 ‘‘(4) REPORT TO CONGRESS.—Not later than 

7 February 14, 2013, the Secretary shall submit to 

8 Congress a copy of the plan required under para9 graph (1). 

10 ‘‘(5) ROADMAP.—Not later than February 14, 

11 2013, the Secretary shall approve and make avail12 able in print and on the Administration’s internet 

13 website a 5-year roadmap for the introduction of 

14 civil unmanned aircraft systems into the national 

15 airspace system, as coordinated by the Unmanned 

16 Aircraft Program Office of the Administration. The 

17 Secretary shall update, in coordination with the Ad18 ministrator of the National Aeronautics and Space 

19 Administration (NASA) and relevant stakeholders, 

20 including those in industry and academia, the road21 map annually. The roadmap shall include, at a min22 imum— 

23 ‘‘(A) cost estimates, planned schedules, 

24 and performance benchmarks, including specific 

25 tasks, milestones, and timelines, for unmanned 


khammond on DSK30JT082PROD with BILLS
119 

•HR 4 IH

1 aircraft systems integration into the national 

2 airspace system, including an identification of— 

3 ‘‘(i) the role of the unmanned aircraft 

4 systems test ranges established under sub5 section (c) and the Unmanned Aircraft 

6 Systems Center of Excellence; 

7 ‘‘(ii) performance objectives for un8 manned aircraft systems that operate in 

9 the national airspace system; and 

10 ‘‘(iii) research and development prior11 ities for tools that could assist air traffic 

12 controllers as unmanned aircraft systems 

13 are integrated into the national airspace 

14 system, as appropriate; 

15 ‘‘(B) a description of how the Administra16 tion plans to use research and development, in17 cluding research and development conducted 

18 through NASA’s Unmanned Aircraft Systems 

19 Traffic Management initiatives, to accommo20 date, integrate, and provide for the evolution of 

21 unmanned aircraft systems in the national air22 space system; 

23 ‘‘(C) an assessment of critical performance 

24 abilities necessary to integrate unmanned air25 craft systems into the national airspace system, 


khammond on DSK30JT082PROD with BILLS
120 

•HR 4 IH

1 and how these performance abilities can be 

2 demonstrated; and 

3 ‘‘(D) an update on the advancement of 

4 technologies needed to integrate unmanned air5 craft systems into the national airspace system, 

6 including decisionmaking by adaptive systems, 

7 such as sense-and-avoid capabilities and cyber 

8 physical systems security. 

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

10 the date on which the plan required under subsection 

11 (a)(1) is submitted to Congress under subsection (a)(4), 

12 the Secretary shall publish in the Federal Register— 

13 ‘‘(1) a final rule on small unmanned aircraft 

14 systems that will allow for civil operation of such 

15 systems in the national airspace system, to the ex16 tent the systems do not meet the requirements for 

17 expedited operational authorization under section 

18 45508; 

19 ‘‘(2) a notice of proposed rulemaking to imple20 ment the recommendations of the plan required 

21 under subsection (a)(1), with the final rule to be 

22 published not later than 16 months after the date of 

23 publication of the notice; and 


khammond on DSK30JT082PROD with BILLS
121 

•HR 4 IH

1 ‘‘(3) an update to the Administration’s most re2 cent policy statement on unmanned aircraft systems, 

3 contained in Docket No. FAA–2006–25714. 

4 ‘‘(c) EXPANDING USE OF UNMANNED AIRCRAFT

5 SYSTEMS IN ARCTIC.— 

6 ‘‘(1) IN GENERAL.—Not later than August 12, 

7 2012, the Secretary shall develop a plan and initiate 

8 a process to work with relevant Federal agencies and 

9 national and international communities to designate 

10 permanent areas in the Arctic where small un11 manned aircraft may operate 24 hours per day for 

12 research and commercial purposes. The plan for op13 erations in these permanent areas shall include the 

14 development of processes to facilitate the safe oper15 ation of unmanned aircraft beyond line of sight. 

16 Such areas shall enable over-water flights from the 

17 surface to at least 2,000 feet in altitude, with in18 gress and egress routes from selected coastal launch 

19 sites. 

20 ‘‘(2) AGREEMENTS.—To implement the plan 

21 under paragraph (1), the Secretary may enter into 

22 an agreement with relevant national and inter23 national communities. 

24 ‘‘(3) AIRCRAFT APPROVAL.—Not later than 1 

25 year after the entry into force of an agreement necVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
122 

•HR 4 IH

1 essary to effectuate the purposes of this subsection, 

2 the Secretary shall work with relevant national and 

3 international communities to establish and imple4 ment a process, or may apply an applicable process 

5 already established, for approving the use of un6 manned aircraft in the designated permanent areas 

7 in the Arctic without regard to whether an un8 manned aircraft is used as a public aircraft, a civil 

9 aircraft, or a model aircraft. 

10 ‘‘§ 45503. Risk-based permitting of unmanned aircraft 

11 systems 

12 ‘‘(a) IN GENERAL.—Not later than 120 days after 

13 the date of enactment of this section, the Administrator 

14 of the Federal Aviation Administration shall establish pro15 cedures for issuing permits under this section with respect 

16 to certain unmanned aircraft systems and operations 

17 thereof. 

18 ‘‘(b) PERMITTING STANDARDS.—Upon the submis19 sion of an application in accordance with subsection (d), 

20 the Administrator shall issue a permit with respect to the 

21 proposed operation of an unmanned aircraft system if the 

22 Administrator determines that the unmanned aircraft sys23 tem and the proposed operation achieve a level of safety 

24 that is equivalent to— 


khammond on DSK30JT082PROD with BILLS
123 

•HR 4 IH

1 ‘‘(1) other unmanned aircraft systems and op2 erations permitted under regulation, exemption, or 

3 other authority granted by the Administrator; or 

4 ‘‘(2) any other aircraft operation approved by 

5 the Administrator with similar risk characteristics or 

6 profiles. 

7 ‘‘(c) SAFETY CRITERIA FOR CONSIDERATION.—In 

8 determining whether a proposed operation meets the 

9 standards described in subsection (b), the Administrator 

10 shall consider the following safety criteria: 

11 ‘‘(1) The kinetic energy of the unmanned air12 craft system. 

13 ‘‘(2) The location of the proposed operation, in14 cluding the proximity to— 

15 ‘‘(A) structures; 

16 ‘‘(B) congested areas; 

17 ‘‘(C) special-use airspace; and 

18 ‘‘(D) persons on the ground. 

19 ‘‘(3) The nature of the operation, including any 

20 proposed risk mitigation. 

21 ‘‘(4) Any known hazard of the proposed oper22 ation and the severity and likelihood of such hazard. 

23 ‘‘(5) Any known failure modes of the unmanned 

24 aircraft system, failure mode effects and criticality, 

25 and any mitigating features or capabilities. 


khammond on DSK30JT082PROD with BILLS
124 

•HR 4 IH

1 ‘‘(6) The operational history of relevant tech2 nologies, if available. 

3 ‘‘(7) Any history of civil penalties or certificate 

4 actions by the Administrator against the applicant 

5 seeking the permit. 

6 ‘‘(8) Any other safety criteria the Administrator 

7 considers appropriate. 

8 ‘‘(d) APPLICATION.—An application under this sec9 tion shall include evidence that the unmanned aircraft sys10 tem and the proposed operation thereof meet the stand11 ards described in subsection (b) based on the criteria de12 scribed in subsection (c). 

13 ‘‘(e) SCOPE OF PERMIT.—A permit issued under this 

14 section shall— 

15 ‘‘(1) be valid for 5 years; 

16 ‘‘(2) constitute approval of both the airworthi17 ness of the unmanned aircraft system and the pro18 posed operation of such system; 

19 ‘‘(3) be renewable for additional 5-year periods; 

20 and 

21 ‘‘(4) contain any terms necessary to ensure 

22 aviation safety. 

23 ‘‘(f) NOTICE.—Not later than 120 days after the Ad24 ministrator receives a complete application under sub25 section (d), the Administrator shall provide the applicant 


khammond on DSK30JT082PROD with BILLS
125 

•HR 4 IH

1 written notice of a decision to approve or disapprove of 

2 the application or to request a modification of the applica3 tion that is necessary for approval of the application. 

4 ‘‘(g) PERMITTING PROCESS.—The Administrator 

5 shall issue a permit under this section without regard to 

6 subsections (b) through (d) of section 553 of title 5 and 

7 chapter 35 of title 44 if the Administrator determines that 

8 the operation permitted will not occur near a congested 

9 area. 

10 ‘‘(h) EXEMPTION FROM CERTAIN REQUIREMENTS.— 

11 To the extent consistent with aviation safety, the Adminis12 trator may exempt applicants under this section from 

13 paragraphs (1) through (3) of section 44711(a). 

14 ‘‘(i) WITHDRAWAL.—The Administrator may, at any 

15 time, modify or withdraw a permit issued under this sec16 tion. 

17 ‘‘(j) APPLICABILITY.—This section shall not apply to 

18 small unmanned aircraft systems and operations author19 ized by the final rule on small unmanned aircraft systems 

20 issued pursuant to section 45502(b)(1). 

21 ‘‘(k) EXPEDITED REVIEW.—The Administrator shall 

22 review and act upon applications under this section on an 

23 expedited basis for unmanned aircraft systems and oper24 ations thereof to be used primarily in, or primarily in di25 rect support of, emergency preparedness, emergency reVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
126 

•HR 4 IH

1 sponse, or disaster recovery efforts, including efforts in 

2 connection with natural disasters and severe weather 

3 events. 

4 ‘‘§ 45504. Public unmanned aircraft systems 

5 ‘‘(a) GUIDANCE.—Not later than November 10, 

6 2012, the Secretary of Transportation shall issue guidance 

7 regarding the operation of public unmanned aircraft sys8 tems to— 

9 ‘‘(1) expedite the issuance of a certificate of au10 thorization process; 

11 ‘‘(2) provide for a collaborative process with 

12 public agencies to allow for an incremental expan13 sion of access to the national airspace system as 

14 technology matures and the necessary safety anal15 ysis and data become available, and until standards 

16 are completed and technology issues are resolved; 

17 ‘‘(3) facilitate the capability of public agencies 

18 to develop and use test ranges, subject to operating 

19 restrictions required by the Federal Aviation Admin20 istration, to test and operate unmanned aircraft sys21 tems; and 

22 ‘‘(4) provide guidance on a public entity’s re23 sponsibility when operating an unmanned aircraft 

24 without a civil airworthiness certificate issued by the 

25 Administration. 


khammond on DSK30JT082PROD with BILLS
127 

•HR 4 IH

1 ‘‘(b) STANDARDS FOR OPERATION AND CERTIFI2 CATION.—Not later than December 31, 2015, the Admin3 istrator shall develop and implement operational and cer4 tification requirements for the operation of public un5 manned aircraft systems in the national airspace system. 

6 ‘‘(c) AGREEMENTS WITH GOVERNMENT AGEN7 CIES.— 

8 ‘‘(1) IN GENERAL.—Not later than May 14, 

9 2012, the Secretary shall enter into agreements with 

10 appropriate government agencies to simplify the 

11 process for issuing certificates of waiver or author12 ization with respect to applications seeking author13 ization to operate public unmanned aircraft systems 

14 in the national airspace system. 

15 ‘‘(2) CONTENTS.—The agreements shall— 

16 ‘‘(A) with respect to an application de17 scribed in paragraph (1)— 

18 ‘‘(i) provide for an expedited review of 

19 the application; 

20 ‘‘(ii) require a decision by the Admin21 istrator on approval or disapproval within 

22 60 business days of the date of submission 

23 of the application; and 

24 ‘‘(iii) allow for an expedited appeal if 

25 the application is disapproved; 


khammond on DSK30JT082PROD with BILLS
128 

•HR 4 IH

1 ‘‘(B) allow for a one-time approval of simi2 lar operations carried out during a fixed period 

3 of time; and 

4 ‘‘(C) allow a government public safety 

5 agency to operate unmanned aircraft weighing 

6 4.4 pounds or less, if operated— 

7 ‘‘(i) within the line of sight of the op8 erator; 

9 ‘‘(ii) less than 400 feet above the 

10 ground; 

11 ‘‘(iii) during daylight conditions; 

12 ‘‘(iv) within Class G airspace; and 

13 ‘‘(v) outside of 5 statute miles from 

14 any airport, heliport, seaplane base, space15 port, or other location with aviation activi16 ties. 

17 ‘‘§ 45505. Special rules for certain unmanned aircraft 

18 systems 

19 ‘‘(a) IN GENERAL.—Notwithstanding any other re20 quirement of this subtitle, and not later than August 12, 

21 2012, the Secretary of Transportation shall determine if 

22 certain unmanned aircraft systems may operate safely in 

23 the national airspace system before completion of the plan 

24 and rulemaking required by section 45502 or the guidance 

25 required under section 45504. 


khammond on DSK30JT082PROD with BILLS
129 

•HR 4 IH

1 ‘‘(b) ASSESSMENT OF UNMANNED AIRCRAFT SYS2 TEMS.—In making the determination under subsection 

3 (a), the Secretary shall determine, at a minimum— 

4 ‘‘(1) which types of unmanned aircraft systems, 

5 if any, as a result of their size, weight, speed, oper6 ational capability, proximity to airports and popu7 lated areas, and operation within visual line of sight 

8 do not create a hazard to users of the national air9 space system or the public or pose a threat to na10 tional security; and 

11 ‘‘(2) whether a certificate of waiver, certificate 

12 of authorization, or airworthiness certification under 

13 section 44704 is required for the operation of un14 manned aircraft systems identified under paragraph 

15 (1). 

16 ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the 

17 Secretary determines under this section that certain un18 manned aircraft systems may operate safely in the na19 tional airspace system, the Secretary shall establish re20 quirements for the safe operation of such aircraft systems 

21 in the national airspace system. 

22 ‘‘§ 45506. Certification of new air navigation facilities 

23 for unmanned aircraft and other aircraft 

24 ‘‘(a) IN GENERAL.—Not later than 18 months after 

25 the date of enactment of this section, and notwithstanding 


khammond on DSK30JT082PROD with BILLS
130 

•HR 4 IH

1 section 2208 of the FAA Extension, Safety, and Security 

2 Act of 2016 (49 U.S.C. 40101 note), the Administrator 

3 of the Federal Aviation Administration shall initiate a 

4 rulemaking to establish procedures for issuing air naviga5 tion facility certificates pursuant to section 44702 to oper6 ators of— 

7 ‘‘(1) UTM for unmanned aircraft operations 

8 that occur primarily or exclusively in airspace 400 

9 feet above ground level and below; and 

10 ‘‘(2) low-altitude CNS for aircraft operations 

11 that occur primarily or exclusively in airspace 400 

12 feet above ground level and below. 

13 ‘‘(b) MINIMUM REQUIREMENTS.—In issuing a final 

14 rule pursuant to subsection (a), the Administrator, at a 

15 minimum, shall provide for the following: 

16 ‘‘(1) CERTIFICATION STANDARDS.—The Admin17 istrator shall issue an air navigation facility certifi18 cate under the final rule if the Administrator deter19 mines that a UTM or low-altitude CNS facilitates or 

20 improves the safety of unmanned aircraft or other 

21 aircraft operations that occur primarily or exclu22 sively in airspace 400 feet above ground level and 

23 below, including operations conducted under a waiv24 er issued pursuant to subpart D of part 107 of title 

25 14, Code of Federal Regulations. 


khammond on DSK30JT082PROD with BILLS
131 

•HR 4 IH

1 ‘‘(2) CRITERIA FOR CONSIDERATION.—In deter2 mining whether a UTM or low-altitude CNS meets 

3 the standard described in paragraph (1), the Admin4 istrator shall, as appropriate, consider— 

5 ‘‘(A) protection of persons and property on 

6 the ground; 

7 ‘‘(B) remote identification of aircraft; 

8 ‘‘(C) collision avoidance with respect to ob9 stacles and aircraft; 

10 ‘‘(D) deconfliction of aircraft trajectories; 

11 ‘‘(E) safe and reliable interoperability or 

12 noninterference with air traffic control and 

13 other systems operated in the national airspace 

14 system; 

15 ‘‘(F) detection of noncooperative aircraft; 

16 ‘‘(G) geographic and local factors; 

17 ‘‘(H) aircraft equipage; and 

18 ‘‘(I) qualifications, if any, necessary to op19 erate the UTM or low-altitude CNS. 

20 ‘‘(3) APPLICATION.—An application for an air 

21 navigation facility certificate under the final rule 

22 shall include evidence that the UTM or low-altitude 

23 CNS meets the standard described in paragraph (1) 

24 based on the criteria described in paragraph (2). 


khammond on DSK30JT082PROD with BILLS
132 

•HR 4 IH

1 ‘‘(4) SCOPE OF CERTIFICATE.—The Adminis2 trator shall ensure that an air navigation facility 

3 certificate issued under the final rule— 

4 ‘‘(A) constitutes approval of the UTM or 

5 low-altitude CNS for the duration of the term 

6 of the certificate; 

7 ‘‘(B) constitutes authorization to operate 

8 the UTM or low-altitude CNS for the duration 

9 of the term of the certificate; and 

10 ‘‘(C) contains such limitations and condi11 tions as may be necessary to ensure aviation 

12 safety. 

13 ‘‘(5) NOTICE.—Not later than 120 days after 

14 the Administrator receives a complete application 

15 under the final rule, the Administrator shall provide 

16 the applicant with a written approval, disapproval, 

17 or request to modify the application. 

18 ‘‘(6) LOW RISK AREAS.—Under the final rule, 

19 the Administrator shall establish expedited proce20 dures for approval of UTM or low-altitude CNS op21 erated in— 

22 ‘‘(A) airspace away from congested areas; 

23 or 


khammond on DSK30JT082PROD with BILLS
133 

•HR 4 IH

1 ‘‘(B) other airspace above areas in which 

2 operations of unmanned aircraft pose very low 

3 risk. 

4 ‘‘(7) EXEMPTION FROM CERTAIN REQUIRE5 MENTS.—To the extent consistent with aviation safe6 ty, the Administrator may exempt applicants under 

7 the final rule from requirements under sections 

8 44702, 44703, and 44711. 

9 ‘‘(8) CERTIFICATE MODIFICATIONS AND REV10 OCATIONS.—A certificate issued under the final rule 

11 may, at any time, be modified or revoked by the Ad12 ministrator. 

13 ‘‘(c) CONSULTATION.—In carrying out this section, 

14 the Administrator shall consult with other Federal agen15 cies, as appropriate. 

16 ‘‘§ 45507. Special rules for certain UTM and low-alti17 tude CNS 

18 ‘‘(a) IN GENERAL.—Notwithstanding any other re19 quirement of this chapter, and not later than 120 days 

20 after the date of enactment of this section, the Secretary 

21 of Transportation shall determine if certain UTM and low22 altitude CNS may operate safely in the national airspace 

23 system before completion of the rulemaking required by 

24 section 45506. 


khammond on DSK30JT082PROD with BILLS
134 

•HR 4 IH

1 ‘‘(b) ASSESSMENT OF UTM AND LOW-ALTITUDE

2 CNS.—In making the determination under subsection (a), 

3 the Secretary shall determine, at a minimum, which types 

4 of UTM and low-altitude CNS, if any, as a result of their 

5 operational capabilities, reliability, intended use, and areas 

6 of operation, and the characteristics of the aircraft in7 volved, do not create a hazard to users of the national 

8 airspace system or the public. 

9 ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the 

10 Secretary determines that certain UTM and low-altitude 

11 CNS may operate safely in the national airspace system, 

12 the Secretary shall establish requirements for their safe 

13 operation in the national airspace system. 

14 ‘‘(d) EXPEDITED PROCEDURES.—The Secretary shall 

15 provide expedited procedures for reviewing and approving 

16 UTM or low-altitude CNS operated to monitor or control 

17 aircraft operated primarily or exclusively in airspace 

18 above— 

19 ‘‘(1) croplands; 

20 ‘‘(2) areas other than congested areas; and 

21 ‘‘(3) other areas in which the operation of un22 manned aircraft poses very low risk. 

23 ‘‘(e) CONSULTATION.—In carrying out this section, 

24 the Administrator shall consult with other Federal agen25 cies, as appropriate. 


khammond on DSK30JT082PROD with BILLS
135 

•HR 4 IH

1 ‘‘§ 45508. Operation of small unmanned aircraft 

2 ‘‘(a) EXEMPTION AND CERTIFICATE OF WAIVER OR

3 AUTHORIZATION FOR CERTAIN OPERATIONS.—Not later 

4 than 270 days after the date of enactment of this section, 

5 the Administrator of the Federal Aviation Administration 

6 shall establish a procedure for granting an exemption and 

7 issuing a certificate of waiver or authorization for the op8 eration of a small unmanned aircraft system in United 

9 States airspace for the purposes described in section 

10 45501(1). 

11 ‘‘(b) OPERATION OF EXEMPTION AND CERTIFICATE

12 OF WAIVER OR AUTHORIZATION.— 

13 ‘‘(1) EXEMPTION.—An exemption granted 

14 under this section shall— 

15 ‘‘(A) exempt the operator of a small un16 manned aircraft from the provisions of title 14, 

17 Code of Federal Regulations, that are exempted 

18 in Exemption No. 11687, issued on May 26, 

19 2015, Regulatory Docket Number FAA–2015– 

20 0117, or in a subsequent exemption; and 

21 ‘‘(B) contain conditions and limitations de22 scribed in paragraphs 3 through 31 of such Ex23 emption No. 11687, or conditions and limita24 tions of a subsequent exemption. 

25 ‘‘(2) CERTIFICATE OF WAIVER OR AUTHORIZA26 TION.—A certificate of waiver or authorization 


khammond on DSK30JT082PROD with BILLS
136 

•HR 4 IH

1 issued under this section shall allow the operation of 

2 small unmanned aircraft according to— 

3 ‘‘(A) the standard provisions and air traf4 fic control special provisions of the certificate of 

5 waiver or authorization FAA Form 7711–1 (7– 

6 74); or 

7 ‘‘(B) the standard and special provisions of 

8 a subsequent certificate of waiver or authoriza9 tion. 

10 ‘‘(c) NOTICE TO ADMINISTRATOR.—Before operating 

11 a small unmanned aircraft pursuant to a certificate of 

12 waiver or authorization granted under this section, the op13 erator shall provide written notice to the Administrator, 

14 in a form and manner specified by the Administrator, that 

15 contains such information and assurances as the Adminis16 trator determines necessary in the interest of aviation 

17 safety and the efficiency of the national airspace system, 

18 including a certification that the operator has read, under19 stands, and will comply with all terms, conditions, and lim20 itations of the certificate of waiver or authorization. 

21 ‘‘(d) WAIVER OF AIRWORTHINESS CERTIFICATE.— 

22 Notwithstanding section 44711(a)(1), the holder of a cer23 tificate of waiver or authorization granted under this sec24 tion may operate a small unmanned aircraft under the 


khammond on DSK30JT082PROD with BILLS
137 

•HR 4 IH

1 terms, conditions, and limitations of such certificate with2 out an airworthiness certificate. 

3 ‘‘(e) PROCEDURE.—The granting of an exemption or 

4 the issuance of a certificate of waiver or authorization, or 

5 any other action authorized by this section, shall be made 

6 without regard to— 

7 ‘‘(1) section 553 of title 5; or 

8 ‘‘(2) chapter 35 of title 44. 

9 ‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this 

10 section may be construed to— 

11 ‘‘(1) affect the issuance of a rule by or any 

12 other activity of the Secretary of Transportation or 

13 the Administrator under any other provision of law; 

14 or 

15 ‘‘(2) invalidate an exemption or certificate of 

16 waiver or authorization issued by the Administrator 

17 before the date of enactment of this section. 

18 ‘‘(g) EFFECTIVE PERIODS.—An exemption or certifi19 cate of waiver or authorization issued under this section, 

20 or an amendment of such exemption or certificate, shall 

21 cease to be valid on the effective date of a final rule on 

22 small unmanned aircraft systems issued under section 

23 45502(b)(1). 


khammond on DSK30JT082PROD with BILLS
138 

•HR 4 IH

1 ‘‘§ 45509. Special rules for model aircraft 

2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro3 vision of law relating to the incorporation of unmanned 

4 aircraft systems into Federal Aviation Administration 

5 plans and policies, including this subtitle, the Adminis6 trator of the Federal Aviation Administration may not 

7 promulgate any rule or regulation regarding a model air8 craft or an aircraft being developed as a model aircraft 

9 (other than the registration of certain model aircraft pur10 suant to section 44103), if— 

11 ‘‘(1) the aircraft is flown strictly for hobby or 

12 recreational use; 

13 ‘‘(2) the aircraft is operated in accordance with 

14 a community-based set of safety guidelines and with15 in the programming of a community-based organiza16 tion; 

17 ‘‘(3) the aircraft is limited to not more than 55 

18 pounds unless otherwise certified through a design, 

19 construction, inspection, flight test, and operational 

20 safety program administered by a community-based 

21 organization; 

22 ‘‘(4) the aircraft is operated in a manner that 

23 does not interfere with and gives way to any manned 

24 aircraft; 

25 ‘‘(5) the aircraft is not operated over or within 

26 the property of a fixed site facility that operates 


khammond on DSK30JT082PROD with BILLS
139 

•HR 4 IH

1 amusement rides available for use by the general 

2 public or the property extending 500 lateral feet be3 yond the perimeter of such facility unless the oper4 ation is authorized by the owner of the amusement 

5 facility; and 

6 ‘‘(6) when flown within 5 miles of an airport, 

7 the operator of the aircraft provides the airport op8 erator and the airport air traffic control tower (when 

9 an air traffic facility is located at the airport) with 

10 prior notice of the operation (model aircraft opera11 tors flying from a permanent location within 5 miles 

12 of an airport should establish a mutually agreed 

13 upon operating procedure with the airport operator 

14 and the airport air traffic control tower (when an air 

15 traffic facility is located at the airport)). 

16 ‘‘(b) COMMERCIAL OPERATION FOR INSTRUCTIONAL

17 OR EDUCATIONAL PURPOSES.—A flight of an unmanned 

18 aircraft shall be treated as a flight of a model aircraft 

19 for purposes of subsection (a) (regardless of any com20 pensation, reimbursement, or other consideration ex21 changed or incidental economic benefit gained in the 

22 course of planning, operating, or supervising the flight), 

23 if the flight is— 

24 ‘‘(1) conducted for instructional or educational 

25 purposes; and 


khammond on DSK30JT082PROD with BILLS
140 

•HR 4 IH

1 ‘‘(2) operated or supervised by a member of a 

2 community-based organization recognized pursuant 

3 to subsection (e). 

4 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 

5 section may be construed to limit the authority of the Ad6 ministrator to pursue enforcement action against persons 

7 operating model aircraft who endanger the safety of the 

8 national airspace system. 

9 ‘‘(d) COMMUNITY-BASED ORGANIZATION DE10 FINED.—In this section, the term ‘community-based orga11 nization’ means an entity that— 

12 ‘‘(1) is described in section 501(c)(3) of the In13 ternal Revenue Code of 1986; 

14 ‘‘(2) is exempt from tax under section 501(a) of 

15 the Internal Revenue Code of 1986; 

16 ‘‘(3) the mission of which is demonstrably the 

17 furtherance of model aviation; 

18 ‘‘(4) provides a comprehensive set of safety 

19 guidelines for all aspects of model aviation address20 ing the assembly and operation of model aircraft and 

21 that emphasize safe aeromodeling operations within 

22 the national airspace system and the protection and 

23 safety of individuals and property on the ground; 

24 ‘‘(5) provides programming and support for any 

25 local charter organizations, affiliates, or clubs; and 


khammond on DSK30JT082PROD with BILLS
141 

•HR 4 IH

1 ‘‘(6) provides assistance and support in the de2 velopment and operation of locally designated model 

3 aircraft flying sites. 

4 ‘‘(e) RECOGNITION OF COMMUNITY-BASED ORGANI5 ZATIONS.—Not later than 180 days after the date of en6 actment of this section, the Administrator shall establish, 

7 and make available to the public, a process for recognizing 

8 community-based organizations that meet the eligibility 

9 criteria under subsection (d). 

10 ‘‘§ 45510. Carriage of property for compensation or 

11 hire 

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

13 date of enactment of this section, the Secretary of Trans14 portation shall issue a final rule authorizing the carriage 

15 of property by operators of small unmanned aircraft sys16 tems 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 small UAS air carrier certificate for persons 

23 that undertake directly, or by lease or other arrange24 ment, the operation of small unmanned aircraft sys25 tems to carry property in air transportation, includVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
142 

•HR 4 IH

1 ing commercial fleet operations with highly auto2 mated unmanned aircraft systems. The requirements 

3 to obtain a small UAS air carrier certificate shall— 

4 ‘‘(A) account for the unique characteristics 

5 of highly automated small unmanned aircraft 

6 systems; and 

7 ‘‘(B) include only those obligations nec8 essary for the safe operation of small unmanned 

9 aircraft systems. 

10 ‘‘(2) SMALL UAS AIR CARRIER CERTIFICATION

11 PROCESS.—The Administrator, at the direction of 

12 the Secretary, shall establish a process for the 

13 issuance of a small UAS air carrier certificate de14 scribed in paragraph (1) that is streamlined, simple, 

15 performance-based, and risk-based. Such certifi16 cation process shall consider— 

17 ‘‘(A) safety and the mitigation of oper18 ational risks from highly automated small un19 manned aircraft systems to the safety of other 

20 aircraft, and persons and property on the 

21 ground; 

22 ‘‘(B) the safety and reliability of highly 

23 automated small unmanned aircraft system de24 sign, including technological capabilities and 


khammond on DSK30JT082PROD with BILLS
143 

•HR 4 IH

1 operational limitations to mitigate such risks; 

2 and 

3 ‘‘(C) the competencies and compliance pro4 grams of manufacturers, operators, and compa5 nies that both manufacture and operate small 

6 unmanned aircraft systems and components. 

7 ‘‘(3) SMALL UAS AIR CARRIER CLASSIFICA8 TION.—The Secretary shall develop a classification 

9 system for small unmanned aircraft systems air car10 riers to establish economic authority for the carriage 

11 of property by small unmanned aircraft systems for 

12 compensation or hire. Such classification shall only 

13 require— 

14 ‘‘(A) registration with the Department of 

15 Transportation; and 

16 ‘‘(B) a valid small UAS air carrier certifi17 cate as described in paragraph (1). 

18 ‘‘§ 45511. Micro UAS operations 

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

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

21 Federal Aviation Administration shall charter an aviation 

22 rulemaking advisory committee to develop recommenda23 tions for regulations under which any person may operate 

24 a micro unmanned aircraft system, the aircraft component 

25 of which weighs 4.4 pounds or less, including payload, 


khammond on DSK30JT082PROD with BILLS
144 

•HR 4 IH

1 without the person operating the system being required 

2 to pass any airman certification requirement, including 

3 any requirements under section 44703, part 61 of title 14, 

4 Code of Federal Regulations, or any other rule or regula5 tion relating to airman certification. 

6 ‘‘(b) CONSIDERATIONS.—In developing recommenda7 tions for the operation of micro unmanned aircraft sys8 tems under subsection (a), the members of the aviation 

9 rulemaking advisory committee shall consider rules for op10 eration of such systems— 

11 ‘‘(1) at an altitude of less than 400 feet above 

12 ground level; 

13 ‘‘(2) with an airspeed of not greater than 40 

14 knots; 

15 ‘‘(3) within the visual line of sight of the oper16 ator; 

17 ‘‘(4) during the hours between sunrise and sun18 set; 

19 ‘‘(5) by an operator who has passed an aero20 nautical knowledge and safety test administered by 

21 the Federal Aviation Administration online specifi22 cally for the operation of micro unmanned aircraft 

23 systems, with such test being of a length and dif24 ficulty that acknowledges the reduced operational 


khammond on DSK30JT082PROD with BILLS
145 

•HR 4 IH

1 complexity and low risk of micro unmanned aircraft 

2 systems; 

3 ‘‘(6) not over unprotected persons uninvolved in 

4 its operation; and 

5 ‘‘(7) at least 5 statute miles from the geo6 graphic center of a tower-controlled airport or air7 port denoted on a current Federal Aviation Adminis8 tration-published aeronautical chart, except that a 

9 micro unmanned aircraft system may be operated 

10 closer than 5 statute miles to the airport if the oper11 ator— 

12 ‘‘(A) provides prior notice to the airport 

13 operator; and 

14 ‘‘(B) receives, for a tower-controlled air15 port, prior approval from the air traffic control 

16 facility located at the airport. 

17 ‘‘(c) CONSULTATION.— 

18 ‘‘(1) IN GENERAL.—In developing recommenda19 tions for recommended regulations under subsection 

20 (a), the aviation rulemaking advisory committee 

21 shall consult with— 

22 ‘‘(A) unmanned aircraft systems stake23 holders, including manufacturers of micro un24 manned aircraft systems; 


khammond on DSK30JT082PROD with BILLS
146 

•HR 4 IH

1 ‘‘(B) community-based aviation organiza2 tions; 

3 ‘‘(C) the Center of Excellence for Un4 manned Aircraft Systems; and 

5 ‘‘(D) appropriate Federal agencies. 

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

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

8 rulemaking advisory committee chartered under this 

9 section. 

10 ‘‘(d) RULEMAKING.—Not later than 180 days after 

11 the date of receipt of the recommendations under sub12 section (a), the Administrator shall issue regulations in13 corporating recommendations of the aviation rulemaking 

14 advisory committee that provide for the operation of micro 

15 unmanned aircraft systems in the United States— 

16 ‘‘(1) without an airman certificate; and 

17 ‘‘(2) without an airworthiness certificate for the 

18 associated unmanned aircraft. 

19 ‘‘(e) SCOPE OF REGULATIONS.— 

20 ‘‘(1) IN GENERAL.—In determining whether a 

21 person may operate an unmanned aircraft system 

22 under 1 or more of the circumstances described 

23 under paragraphs (1) through (3) of subsection (b), 

24 the Administrator shall use a risk-based approach 

25 and consider, at a minimum, the physical and funcVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
147 

•HR 4 IH

1 tional characteristics of the unmanned aircraft sys2 tem. 

3 ‘‘(2) LIMITATION.—The Administrator may 

4 only issue regulations under this section for un5 manned aircraft systems that the Administrator de6 termines may be operated safely in the national air7 space system pursuant to those regulations. 

8 ‘‘(f) RULES OF CONSTRUCTION.—Nothing in this 

9 section may be construed— 

10 ‘‘(1) to prohibit a person from operating an un11 manned aircraft system under a circumstance de12 scribed under paragraphs (1) through (3) of sub13 section (b) if— 

14 ‘‘(A) the circumstance is allowed by regula15 tions issued under this section; and 

16 ‘‘(B) the person operates the unmanned 

17 aircraft system in a manner prescribed by the 

18 regulations; or 

19 ‘‘(2) to limit or affect in any way the Adminis20 trator’s authority to conduct a rulemaking, make a 

21 determination, or carry out any activity related to 

22 unmanned aircraft or unmanned aircraft systems 

23 under any other provision of law.’’. 

24 (b) CONFORMING AMENDMENTS.— 

25 (1) REPEALS.— 


khammond on DSK30JT082PROD with BILLS
148 

•HR 4 IH

1 (A) IN GENERAL.—Sections 332(a), 

2 332(b), 332(d), 333, 334, and 336 of the FAA 

3 Modernization and Reform Act of 2012 (49 

4 U.S.C. 40101 note) are repealed. 

5 (B) CLERICAL AMENDMENT.—The items 

6 relating to sections 333, 334, and 336 of the 

7 FAA Modernization and Reform Act of 2012 

8 (49 U.S.C. 40101 note) in the table of contents 

9 contained in section 1(b) of that Act are re10 pealed. 

11 (2) PENALTIES.—Section 46301 of title 49, 

12 United States Code, is amended— 

13 (A) in subsection (a)— 

14 (i) in paragraph (1)(A) by inserting 

15 ‘‘chapter 455,’’ after ‘‘chapter 451,’’; and 

16 (ii) in paragraph (5)(A)(i) by striking 

17 ‘‘or chapter 451,’’ and inserting ‘‘chapter 

18 451, chapter 455,’’; 

19 (B) in subsection (d)(2) by inserting 

20 ‘‘chapter 455,’’ after ‘‘chapter 451,’’; and 

21 (C) in subsection (f)(1)(A)(i) by striking 

22 ‘‘or chapter 451’’ and inserting ‘‘chapter 451, 

23 or chapter 455’’. 

24 (3) CLERICAL AMENDMENT.—The analysis for 

25 subtitle VII of title 49, United States Code, is 


khammond on DSK30JT082PROD with BILLS
149 

•HR 4 IH

1 amended by inserting after the item relating to 

2 chapter 453 the following: 

‘‘455. Unmanned aircraft systems ..............................................45501’’. 

3 SEC. 333. UNMANNED AIRCRAFT TEST RANGES. 

4 (a) EXTENSION OF PROGRAM.—Section 332(c)(1) of 

5 the FAA Modernization and Reform Act of 2012 (49 

6 U.S.C. 40101 note) is amended by striking ‘‘September 

7 30, 2019’’ and inserting ‘‘the date that is 6 years after 

8 the date of enactment of the FAA Reauthorization Act 

9 of 2018’’. 

10 (b) SENSE-AND-AVOID AND BEYOND LINE OF SIGHT

11 SYSTEMS AT TEST RANGES.— 

12 (1) IN GENERAL.—To the extent consistent 

13 with aviation safety, the Administrator of the Fed14 eral Aviation Administration shall permit and en15 courage flights of unmanned aircraft equipped with 

16 sense-and-avoid and beyond line of sight systems at 

17 the 6 test ranges designated under section 332(c) of 

18 the FAA Modernization and Reform Act of 2012. 

19 (2) WAIVERS.—In carrying out paragraph (1), 

20 the Administrator may waive the requirements of 

21 section 44711 of title 49, United States Code, in22 cluding related regulations, to the extent consistent 

23 with aviation safety. 

24 (c) TEST RANGE DEFINED.— 


khammond on DSK30JT082PROD with BILLS
150 

•HR 4 IH

1 (1) IN GENERAL.—In this section, the term 

2 ‘‘test range’’ means a defined geographic area where 

3 research and development are conducted as author4 ized by the Administrator of the Federal Aviation 

5 Administration. 

6 (2) INCLUSIONS.—Such term includes any of 

7 the 6 test ranges established by the Administrator of 

8 the Federal Aviation Administration under section 

9 332(c) of the FAA Modernization and Reform Act 

10 of 2012, as in effect on the day before the date of 

11 enactment of this subsection, and any public entity 

12 authorized by the Federal Aviation Administration 

13 as an unmanned aircraft system flight test center 

14 before January 1, 2009. 

15 SEC. 334. SENSE OF CONGRESS REGARDING UNMANNED 

16 AIRCRAFT SAFETY. 

17 It is the sense of Congress that— 

18 (1) the unauthorized operation of unmanned 

19 aircraft near airports presents a serious hazard to 

20 aviation safety; 

21 (2) a collision between an unmanned aircraft 

22 and a conventional aircraft in flight could jeopardize 

23 the safety of persons aboard the aircraft and on the 

24 ground; 


khammond on DSK30JT082PROD with BILLS
151 

•HR 4 IH

1 (3) Federal aviation regulations, including sec2 tions 91.126 through 91.131 of title 14, Code of 

3 Federal Regulations, prohibit unauthorized operation 

4 of an aircraft in controlled airspace near an airport; 

5 (4) Federal aviation regulations, including sec6 tion 91.13 of title 14, Code of Federal Regulations, 

7 prohibit the operation of an aircraft in a careless or 

8 reckless manner so as to endanger the life or prop9 erty of another; 

10 (5) the Administrator of the Federal Aviation 

11 Administration should pursue all available civil and 

12 administrative remedies available to the Adminis13 trator, including referrals to other government agen14 cies for criminal investigations, with respect to per15 sons who operate unmanned aircraft in an unauthor16 ized manner; 

17 (6) the Administrator should place particular 

18 priority on continuing measures, including partner19 ships with nongovernmental organizations, to edu20 cate the public about the dangers to the public safe21 ty of operating unmanned aircraft near airports 

22 without the appropriate approvals or authorizations; 

23 and 

24 (7) manufacturers and retail sellers of small 

25 unmanned aircraft systems should take steps to eduVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
152 

•HR 4 IH

1 cate consumers about the safe and lawful operation 

2 of such systems. 

3 SEC. 335. UAS PRIVACY REVIEW. 

4 (a) REVIEW.—The Secretary of Transportation, in 

5 consultation with the heads of appropriate Federal agen6 cies, appropriate State and local officials, and subject-mat7 ter experts and in consideration of relevant efforts led by 

8 the National Telecommunications and Information Ad9 ministration, shall carry out a review to identify any po10 tential reduction of privacy specifically caused by the inte11 gration of unmanned aircraft systems into the national 

12 airspace system. 

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

14 Secretary shall consult with the National Telecommuni15 cations and Information Administration of the Depart16 ment of Commerce on its ongoing efforts responsive to the 

17 Presidential memorandum titled ‘‘Promoting Economic 

18 Competitiveness While Safeguarding Privacy, Civil Rights, 

19 and Civil Liberties in Domestic Use of Unmanned Aircraft 

20 Systems’’ and dated February 15, 2015. 

21 (c) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, the Secretary shall submit to 

23 the Committee on Transportation and Infrastructure of 

24 the House of Representatives and the Committee on ComVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
153 

•HR 4 IH

1 merce, Science, and Transportation of the Senate a report 

2 on the results of the review required under subsection (a). 

3 SEC. 336. PUBLIC UAS OPERATIONS BY TRIBAL GOVERN4 MENTS. 

5 (a) PUBLIC UAS OPERATIONS BY TRIBAL GOVERN6 MENTS.—Section 40102(a)(41) of title 49, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘(F) An unmanned aircraft that is owned 

9 and operated by, or exclusively leased for at 

10 least 90 continuous days by, an Indian Tribal 

11 government, as defined in section 102 of the 

12 Robert T. Stafford Disaster Relief and Emer13 gency Assistance Act (42 U.S.C. 5122), except 

14 as provided in section 40125(b).’’. 

15 (b) CONFORMING AMENDMENT.—Section 40125(b) 

16 of title 49, United States Code, is amended by striking 

17 ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’. 

18 SEC. 337. EVALUATION OF AIRCRAFT REGISTRATION FOR 

19 SMALL UNMANNED AIRCRAFT. 

20 (a) METRICS.—Beginning not later than 180 days 

21 after the date of enactment of this Act, the Administrator 

22 of the Federal Aviation Administration shall develop and 

23 track metrics to assess compliance with and effectiveness 

24 of the registration of small unmanned aircraft systems by 

25 the Federal Aviation Administration pursuant to the inVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
154 

•HR 4 IH

1 terim final rule issued on December 16, 2015, entitled 

2 ‘‘Registration and Marking Requirements for Small Un3 manned Aircraft’’ (80 Fed. Reg. 78593) and any subse4 quent final rule, including metrics with respect to— 

5 (1) the levels of compliance with the interim 

6 final rule and any subsequent final rule; 

7 (2) the number of enforcement actions taken by 

8 the Administration for violations of or noncompli9 ance with the interim final rule and any subsequent 

10 final rule, together with a description of the actions; 

11 and 

12 (3) the effect of the interim final rule and any 

13 subsequent final rule on compliance with any fees 

14 associated with the use of small unmanned aircraft 

15 systems. 

16 (b) EVALUATION.—The Inspector General of the De17 partment of Transportation shall evaluate— 

18 (1) the Administration’s progress in developing 

19 and tracking the metrics set forth in subsection (a); 

20 and 

21 (2) the reliability, effectiveness, and efficiency 

22 of the Administration’s registration program for 

23 small unmanned aircraft. 

24 (c) REPORT.—Not later than 1 year after the date 

25 of enactment of this Act, the Inspector General of the DeVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
155 

•HR 4 IH

1 partment of Transportation shall submit to the Committee 

2 on Transportation and Infrastructure of the House of 

3 Representatives and the Committee on Commerce, 

4 Science, and Transportation of the Senate a report con5 taining— 

6 (1) the results of the evaluation required under 

7 subsection (b); and 

8 (2) recommendations to the Administrator and 

9 Congress for improvements to the registration proc10 ess for small unmanned aircraft. 

11 SEC. 338. STUDY ON ROLES OF GOVERNMENTS RELATING 

12 TO LOW-ALTITUDE OPERATION OF SMALL 

13 UNMANNED AIRCRAFT. 

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

15 date of enactment of this Act, the Inspector General of 

16 the Department of Transportation shall initiate a study 

17 on— 

18 (1) the regulation and oversight of the low-alti19 tude operations of small unmanned aircraft and 

20 small unmanned aircraft systems; and 

21 (2) the appropriate roles and responsibilities of 

22 Federal, State, local, and Tribal governments in reg23 ulating and overseeing the operations of small un24 manned aircraft in airspace 400 feet above ground 

25 level and below. 


khammond on DSK30JT082PROD with BILLS
156 

•HR 4 IH

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

2 the Inspector General shall consider, at a minimum— 

3 (1) the recommendations of Task Group 1 of 

4 the Drone Advisory Committee chartered by the 

5 Federal Aviation Administration on August 31, 

6 2016; 

7 (2) the legal and policy requirements necessary 

8 for the safe and financially viable development and 

9 growth of the unmanned aircraft industry; 

10 (3) the interests of Federal, State, local, and 

11 Tribal governments affected by low-altitude oper12 ations of small unmanned aircraft; 

13 (4) the existing authorities of Federal, State, 

14 local, and Tribal governments to protect the inter15 ests referenced in paragraph (3); 

16 (5) the degree of regulatory consistency re17 quired for the safe and financially viable growth and 

18 development of the unmanned aircraft industry; 

19 (6) the degree of local variance possible among 

20 regulations consistent with the safe and financially 

21 viable growth and development of the unmanned air22 craft industry; 

23 (7) the appropriate roles of State, local, and 

24 Tribal governments in regulating the operations of 

25 small unmanned aircraft within the lateral boundVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
157 

•HR 4 IH

1 aries of their jurisdiction in the categories of air2 space described in subsection (a)(2); 

3 (8) the subjects and types of regulatory author4 ity that should remain with the Federal Government; 

5 (9) the infrastructure requirements necessary 

6 for monitoring the low-altitude operations of small 

7 unmanned aircraft and enforcing applicable laws; 

8 (10) the number of small businesses involved in 

9 the various sectors of the unmanned aircraft indus10 try and operating as primary users of small un11 manned aircraft; and 

12 (11) any best practices, lessons learned, or poli13 cies of jurisdictions outside the United States relat14 ing to local or regional regulation and oversight of 

15 small unmanned aircraft and other emergent tech16 nologies. 

17 (c) REPORT TO CONGRESS.—Not later than 180 days 

18 after initiating the study, the Inspector General shall sub19 mit to the Committee on Transportation and Infrastruc20 ture of the House of Representatives and the Committee 

21 on Commerce, Science, and Transportation of the Senate 

22 a report on the results of the study. 


khammond on DSK30JT082PROD with BILLS
158 

•HR 4 IH

1 SEC. 339. STUDY ON FINANCING OF UNMANNED AIRCRAFT 

2 SERVICES. 

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

4 date of enactment of this Act, the Comptroller General 

5 of the United States shall initiate a study on appropriate 

6 fee mechanisms to recover the costs of— 

7 (1) the regulation and safety oversight of un8 manned aircraft and unmanned aircraft systems; 

9 and 

10 (2) the provision of air navigation services to 

11 unmanned aircraft and unmanned aircraft systems. 

12 (b) CONSIDERATIONS.—In carrying out the study, 

13 the Comptroller General shall consider, at a minimum— 

14 (1) the recommendations of Task Group 3 of 

15 the Drone Advisory Committee chartered by the 

16 Federal Aviation Administration on August 31, 

17 2016; 

18 (2) the total annual costs incurred by the Fed19 eral Aviation Administration for the regulation and 

20 safety oversight of activities related to unmanned 

21 aircraft; 

22 (3) the annual costs attributable to various 

23 types, classes, and categories of unmanned aircraft 

24 activities; 


khammond on DSK30JT082PROD with BILLS
159 

•HR 4 IH

1 (4) air traffic services provided to unmanned 

2 aircraft operating under instrument flight rules, ex3 cluding public aircraft; 

4 (5) the number of full-time Federal Aviation 

5 Administration employees dedicated to unmanned 

6 aircraft programs; 

7 (6) the use of privately operated UTM and 

8 other privately operated unmanned aircraft systems; 

9 (7) the projected growth of unmanned aircraft 

10 operations for various applications and the estimated 

11 need for regulation, oversight, and other services; 

12 (8) the number of small businesses involved in 

13 the various sectors of the unmanned aircraft indus14 try and operating as primary users of unmanned air15 craft; and 

16 (9) any best practices or policies utilized by ju17 risdictions outside the United States relating to par18 tial or total recovery of regulation and safety over19 sight costs related to unmanned aircraft and other 

20 emergent technologies. 

21 (c) REPORT TO CONGRESS.—Not later than 180 days 

22 after initiating the study, the Comptroller General shall 

23 submit to the Committee on Transportation and Infra24 structure of the House of Representatives and the Com25 mittee on Commerce, Science, and Transportation of the 


khammond on DSK30JT082PROD with BILLS
160 

•HR 4 IH

1 Senate a report containing recommendations on appro2 priate fee mechanisms to recover the costs of regulating 

3 and providing air navigation services to unmanned aircraft 

4 and unmanned aircraft systems. 

5 SEC. 340. UPDATE OF FAA COMPREHENSIVE PLAN. 

6 (a) IN GENERAL.—Not later than 270 days after the 

7 date of enactment of this Act, the Secretary of Transpor8 tation shall update the comprehensive plan developed pur9 suant to section 332 of the FAA Modernization and Re10 form Act of 2012 (49 U.S.C. 40101 note) to develop a 

11 concept of operations for the integration of unmanned air12 craft into the national airspace system. 

13 (b) CONSIDERATIONS.—In carrying out the update, 

14 the Secretary shall consider, at a minimum— 

15 (1) the potential use of UTM and other tech16 nologies to ensure the safe and lawful operation of 

17 unmanned aircraft in the national airspace system; 

18 (2) the appropriate roles, responsibilities, and 

19 authorities of government agencies and the private 

20 sector in identifying and reporting unlawful or 

21 harmful operations and operators of unmanned air22 craft; 

23 (3) the use of models, threat assessments, prob24 abilities, and other methods to distinguish between 


khammond on DSK30JT082PROD with BILLS
161 

•HR 4 IH

1 lawful and unlawful operations of unmanned air2 craft; and 

3 (4) appropriate systems, training, intergovern4 mental processes, protocols, and procedures to miti5 gate risks and hazards posed by unlawful or harmful 

6 operations of unmanned aircraft systems. 

7 (c) CONSULTATION.—The Secretary shall carry out 

8 the update in consultation with representatives of the avia9 tion industry, Federal agencies that employ unmanned air10 craft systems technology in the national airspace system, 

11 and the unmanned aircraft systems industry. 

12 SEC. 341. COOPERATION RELATED TO CERTAIN COUNTER13 UAS TECHNOLOGY. 

14 In matters relating to the use of systems in the na15 tional airspace system intended to mitigate threats posed 

16 by errant or hostile unmanned aircraft system operations, 

17 the Secretary of Transportation shall consult with the Sec18 retary of Defense to streamline deployment of such sys19 tems by drawing upon the expertise and experience of the 

20 Department of Defense in acquiring and operating such 

21 systems consistent with the safe and efficient operation 

22 of the national airspace system. 


khammond on DSK30JT082PROD with BILLS
162 

•HR 4 IH

1 TITLE IV—AIR SERVICE 

2 IMPROVEMENTS 

3 Subtitle A—Airline Customer 

4 Service Improvements 

5 SEC. 401. RELIABLE AIR SERVICE IN AMERICAN SAMOA. 

6 Section 40109(g) of title 49, United States Code, is 

7 amended— 

8 (1) in paragraph (2) by striking subparagraph 

9 (C) and inserting the following: 

10 ‘‘(C) review the exemption at least every 30 

11 days (or, in the case of an exemption that is nec12 essary to provide and sustain air transportation in 

13 American Samoa between the islands of Tutuila and 

14 Manu’a, at least every 180 days) to ensure that the 

15 unusual circumstances that established the need for 

16 the exemption still exist.’’; and 

17 (2) by striking paragraph (3) and inserting the 

18 following: 

19 ‘‘(3) RENEWAL OF EXEMPTIONS.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the Secretary may renew an 

22 exemption (including renewals) under this sub23 section for not more than 30 days. 

24 ‘‘(B) EXCEPTION.—The Secretary may 

25 renew an exemption (including renewals) under 


khammond on DSK30JT082PROD with BILLS
163 

•HR 4 IH

1 this subsection that is necessary to provide and 

2 sustain air transportation in American Samoa 

3 between the islands of Tutuila and Manu’a for 

4 not more than 180 days. 

5 ‘‘(4) CONTINUATION OF EXEMPTIONS.—An ex6 emption granted by the Secretary under this sub7 section may continue for not more than 5 days after 

8 the unusual circumstances that established the need 

9 for the exemption cease.’’. 

10 SEC. 402. CELL PHONE VOICE COMMUNICATION BAN. 

11 (a) IN GENERAL.—Subchapter I of chapter 417 of 

12 title 49, United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘§ 41725. Prohibition on certain cell phone voice com15 munications 

16 ‘‘(a) PROHIBITION.—The Secretary of Transpor17 tation shall issue regulations— 

18 ‘‘(1) to prohibit an individual on an aircraft 

19 from engaging in voice communications using a mo20 bile communications device during a flight of that 

21 aircraft in scheduled passenger interstate or intra22 state air transportation; and 

23 ‘‘(2) that exempt from the prohibition described 

24 in paragraph (1) any— 


khammond on DSK30JT082PROD with BILLS
164 

•HR 4 IH

1 ‘‘(A) member of the flight crew on duty on 

2 an aircraft; 

3 ‘‘(B) flight attendant on duty on an air4 craft; and 

5 ‘‘(C) Federal law enforcement officer act6 ing in an official capacity. 

7 ‘‘(b) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) FLIGHT.—The term ‘flight’ means, with 

10 respect to an aircraft, the period beginning when the 

11 aircraft takes off and ending when the aircraft 

12 lands. 

13 ‘‘(2) MOBILE COMMUNICATIONS DEVICE.— 

14 ‘‘(A) IN GENERAL.—The term ‘mobile 

15 communications device’ means any portable 

16 wireless telecommunications equipment utilized 

17 for the transmission or reception of voice data. 

18 ‘‘(B) LIMITATION.—The term ‘mobile com19 munications device’ does not include a phone in20 stalled on an aircraft.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 417 of title 49, United States Code, is amended by 

23 inserting after the item relating to section 41724 the fol24 lowing: 

‘‘41725. Prohibition on certain cell phone voice communications.’’. 


khammond on DSK30JT082PROD with BILLS
165 

•HR 4 IH

1 SEC. 403. ADVISORY COMMITTEE FOR AVIATION CON2 SUMER PROTECTION. 

3 Section 411 of the FAA Modernization and Reform 

4 Act of 2012 (49 U.S.C. 42301 prec. note) is amended— 

5 (1) in subsection (b)— 

6 (A) by redesignating paragraphs (3) and 

7 (4) as paragraphs (4) and (5), respectively; and 

8 (B) by inserting after paragraph (2) the 

9 following: 

10 ‘‘(3) independent distributors of travel;’’; 

11 (2) in subsection (g) by striking ‘‘first 2 cal12 endar years’’ and inserting ‘‘first 6 calendar years’’; 

13 and 

14 (3) in subsection (h) by striking ‘‘2018’’ and in15 serting ‘‘2023’’. 

16 SEC. 404. IMPROVED NOTIFICATION OF INSECTICIDE USE. 

17 Section 42303(b) of title 49, United States Code, is 

18 amended to read as follows: 

19 ‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for20 eign air carrier, or ticket agent selling, in the United 

21 States, a ticket for a flight in foreign air transportation 

22 to a country listed on the internet website established 

23 under subsection (a) shall— 

24 ‘‘(1) disclose, on its own internet website or 

25 through other means, that the destination country 

26 may require the air carrier or foreign air carrier to 


khammond on DSK30JT082PROD with BILLS
166 

•HR 4 IH

1 treat an aircraft passenger cabin with insecticides 

2 prior to the flight or to apply an aerosol insecticide 

3 in an aircraft cabin used for such a flight when the 

4 cabin is occupied with passengers; and 

5 ‘‘(2) refer the purchaser of the ticket to the 

6 internet website established under subsection (a) for 

7 additional information.’’. 

8 SEC. 405. ADVERTISEMENTS AND DISCLOSURE OF FEES 

9 FOR PASSENGER AIR TRANSPORTATION. 

10 (a) FULL FARE ADVERTISING.— 

11 (1) IN GENERAL.—Section 41712 of title 49, 

12 United States Code, is amended by adding at the 

13 end the following: 

14 ‘‘(d) FULL FARE ADVERTISING.— 

15 ‘‘(1) IN GENERAL.—It shall not be an unfair or 

16 deceptive practice under subsection (a) for a covered 

17 entity to state in an advertisement or solicitation for 

18 passenger air transportation the base airfare for the 

19 air transportation if the covered entity clearly and 

20 separately discloses— 

21 ‘‘(A) the government-imposed fees and 

22 taxes associated with the air transportation; 

23 and 

24 ‘‘(B) the total cost of the air transpor25 tation. 


khammond on DSK30JT082PROD with BILLS
167 

•HR 4 IH

1 ‘‘(2) FORM OF DISCLOSURE.— 

2 ‘‘(A) IN GENERAL.—For purposes of para3 graph (1), the information described in para4 graphs (1)(A) and (1)(B) shall be disclosed in 

5 the advertisement or solicitation in a manner 

6 that clearly presents the information to the con7 sumer. 

8 ‘‘(B) INTERNET ADVERTISEMENTS AND

9 SOLICITATIONS.—For purposes of paragraph 

10 (1), with respect to an advertisement or solicita11 tion for passenger air transportation that ap12 pears on an internet website or a mobile appli13 cation, the information described in paragraphs 

14 (1)(A) and (1)(B) may be disclosed through a 

15 link or pop-up, as such terms may be defined 

16 by the Secretary, that displays the information 

17 in a manner that is easily accessible and 

18 viewable by the consumer. 

19 ‘‘(3) DEFINITIONS.—In this subsection, the fol20 lowing definitions apply: 

21 ‘‘(A) BASE AIRFARE.—The term ‘base air22 fare’ means the cost of passenger air transpor23 tation, excluding government-imposed fees and 

24 taxes. 


khammond on DSK30JT082PROD with BILLS
168 

•HR 4 IH

1 ‘‘(B) COVERED ENTITY.—The term ‘cov2 ered entity’ means an air carrier, including an 

3 indirect air carrier, foreign air carrier, ticket 

4 agent, or other person offering to sell tickets for 

5 passenger air transportation or a tour or tour 

6 component that must be purchased with air 

7 transportation.’’. 

8 (2) LIMITATION ON STATUTORY CONSTRUC9 TION.—Nothing in the amendment made by para10 graph (1) may be construed to affect any obligation 

11 of a person that sells air transportation to disclose 

12 the total cost of the air transportation, including 

13 government-imposed fees and taxes, prior to pur14 chase of the air transportation. 

15 (3) REGULATIONS.—Not later than 120 days 

16 after the date of enactment of this Act, the Sec17 retary of Transportation shall issue final regulations 

18 to carry out the amendment made by paragraph (1). 

19 (4) EFFECTIVE DATE.—This subsection, and 

20 the amendments made by this subsection, shall take 

21 effect on the earlier of— 

22 (A) the effective date of regulations issued 

23 under paragraph (3); and 

24 (B) the date that is 180 days after the 

25 date of enactment of this Act. 


khammond on DSK30JT082PROD with BILLS
169 

•HR 4 IH

1 (b) DISCLOSURE OF FEES.—Section 41712 of title 

2 49, United States Code, as amended by this section, is 

3 further amended by adding at the end the following: 

4 ‘‘(e) DISCLOSURE OF FEES.— 

5 ‘‘(1) IN GENERAL.—It shall be an unfair or de6 ceptive practice under subsection (a) for any air car7 rier, foreign air carrier, or ticket agent to fail to in8 clude, in an internet fare quotation for a specific 

9 itinerary in air transportation selected by a con10 sumer— 

11 ‘‘(A) a clear and prominent statement that 

12 additional fees for checked baggage and carry13 on baggage may apply; and 

14 ‘‘(B) a prominent link that connects di15 rectly to a list of all such fees. 

16 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub17 section may be construed to derogate or limit any 

18 responsibilities of an air carrier, foreign air carrier, 

19 or ticket agent under section 399.85 of title 14, 

20 Code of Federal Regulations, or any successor provi21 sion.’’. 


khammond on DSK30JT082PROD with BILLS
170 

•HR 4 IH

1 SEC. 406. INVOLUNTARILY BUMPING PASSENGERS AFTER 

2 AIRCRAFT BOARDED. 

3 Section 41712 of title 49, United States Code, as 

4 amended by this Act, is further amended by adding at the 

5 end the following: 

6 ‘‘(f) INVOLUNTARILY DENIED BOARDING AFTER

7 AIRCRAFT BOARDED.— 

8 ‘‘(1) IN GENERAL.—It shall be an unfair or de9 ceptive practice under subsection (a) for an air car10 rier or foreign air carrier subject to part 250 of title 

11 14, Code of Federal Regulations, to involuntarily 

12 deplane a revenue passenger onboard an aircraft, if 

13 the revenue passenger— 

14 ‘‘(A) is traveling on a confirmed reserva15 tion; and 

16 ‘‘(B) checked-in for the relevant flight 

17 prior to the check-in deadline. 

18 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub19 section may be construed to limit the authority of an 

20 air carrier, foreign air carrier, or airman to remove 

21 a passenger in accordance with— 

22 ‘‘(A) section 91.3, 121.533(d), or 121.580 

23 of title 14, Code of Federal Regulations, or any 

24 successor provision; or 

25 ‘‘(B) any other applicable Federal, State, 

26 or local law.’’. 


khammond on DSK30JT082PROD with BILLS
171 

•HR 4 IH

1 SEC. 407. AVAILABILITY OF CONSUMER RIGHTS INFORMA2 TION. 

3 Section 42302(b) of title 49, United States Code, is 

4 amended— 

5 (1) in the matter preceding paragraph (1) by 

6 striking ‘‘on the’’ and inserting ‘‘in a prominent 

7 place on the homepage of the primary’’; 

8 (2) in paragraph (2) by striking ‘‘and’’ at the 

9 end; 

10 (3) in paragraph (3) by striking the period at 

11 the end and inserting ‘‘; and’’; and 

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

13 ‘‘(4) the air carrier’s customer service plan.’’. 

14 SEC. 408. CONSUMER COMPLAINTS HOTLINE. 

15 Section 42302 of title 49, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(d) USE OF NEW TECHNOLOGIES.—The Secretary 

18 shall periodically evaluate the benefits of using mobile 

19 phone applications or other widely used technologies to 

20 provide new means for air passengers to communicate 

21 complaints in addition to the telephone number estab22 lished under subsection (a) and shall provide such new 

23 means as the Secretary determines appropriate.’’. 


khammond on DSK30JT082PROD with BILLS
172 

•HR 4 IH

1 SEC. 409. WIDESPREAD DISRUPTIONS. 

2 (a) IN GENERAL.—Chapter 423 of title 49, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 42304. Widespread disruptions 

6 ‘‘(a) GENERAL REQUIREMENTS.—In the event of a 

7 widespread disruption, a covered air carrier shall imme8 diately publish, via a prominent link on the air carrier’s 

9 public internet website, a clear statement indicating 

10 whether, with respect to a passenger of the air carrier 

11 whose travel is interrupted as a result of the widespread 

12 disruption, the air carrier will— 

13 ‘‘(1) provide for hotel accommodations; 

14 ‘‘(2) arrange for ground transportation; 

15 ‘‘(3) provide meal vouchers; 

16 ‘‘(4) arrange for air transportation on another 

17 air carrier or foreign air carrier to the passenger’s 

18 destination; and 

19 ‘‘(5) provide for sleeping facilities inside the air20 port terminal. 

21 ‘‘(b) DEFINITIONS.—In this section, the following 

22 definitions apply: 

23 ‘‘(1) WIDESPREAD DISRUPTION.—The term 

24 ‘widespread disruption’ means, with respect to a cov25 ered air carrier, the interruption of all or the over26 whelming majority of the air carrier’s systemwide 


khammond on DSK30JT082PROD with BILLS
173 

•HR 4 IH

1 flight operations, including flight delays and can2 cellations, as the result of the failure of 1 or more 

3 computer systems or computer networks of the air 

4 carrier. 

5 ‘‘(2) COVERED AIR CARRIER.—The term ‘cov6 ered air carrier’ means an air carrier that provides 

7 scheduled passenger air transportation by operating 

8 an aircraft that as originally designed has a pas9 senger capacity of 30 or more seats. 

10 ‘‘(c) SAVINGS PROVISION.—Nothing in this section 

11 may be construed to modify, abridge, or repeal any obliga12 tion of an air carrier under section 42301.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 chapter 423 of title 49, United States Code, is amended 

15 by adding at the end the following: 

‘‘42304. Widespread disruptions.’’. 

16 SEC. 410. INVOLUNTARILY DENIED BOARDING COMPENSA17 TION. 

18 Not later than 60 days after the date of enactment 

19 of this Act, the Secretary of Transportation shall issue a 

20 final rule to revise part 250 of title 14, Code of Federal 

21 Regulations, to clarify that— 

22 (1) there is not a maximum level of compensa23 tion an air carrier or foreign air carrier may pay to 

24 a passenger who is involuntarily denied boarding as 

25 the result of an oversold flight; 


khammond on DSK30JT082PROD with BILLS
174 

•HR 4 IH

1 (2) the compensation levels set forth in that 

2 part are the minimum levels of compensation an air 

3 carrier or foreign air carrier must pay to a pas4 senger who is involuntarily denied boarding as the 

5 result of an oversold flight; and 

6 (3) an air carrier or foreign air carrier must 

7 proactively offer to pay compensation to a passenger 

8 who is voluntarily or involuntarily denied boarding 

9 on an oversold flight, rather than waiting until the 

10 passenger requests the compensation. 

11 SEC. 411. CONSUMER INFORMATION ON ACTUAL FLIGHT 

12 TIMES. 

13 (a) STUDY.—The Secretary of Transportation shall 

14 conduct a study on the feasibility and advisability of modi15 fying regulations contained in section 234.11 of title 14, 

16 Code of Federal Regulations, to ensure that— 

17 (1) a reporting carrier (including its contrac18 tors), during the course of a reservation or ticketing 

19 discussion or other inquiry, discloses to a consumer 

20 upon reasonable request the projected period be21 tween the actual wheels-off and wheels-on times for 

22 a reportable flight; and 

23 (2) a reporting carrier displays, on the public 

24 internet website of the carrier, information on the 


khammond on DSK30JT082PROD with BILLS
175 

•HR 4 IH

1 actual wheels-off and wheels-on times during the 

2 most recent calendar month for a reportable flight. 

3 (b) DEFINITIONS.—In this section, the terms ‘‘re4 porting carrier’’ and ‘‘reportable flight’’ have the mean5 ings given those terms in section 234.2 of title 14, Code 

6 of Federal Regulations (as in effect on the date of enact7 ment of this Act). 

8 (c) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, the Secretary shall submit to 

10 the Committee on Transportation and Infrastructure of 

11 the House of Representatives and the Committee on Com12 merce, Science, and Transportation of the Senate a report 

13 on the results of the study. 

14 SEC. 412. ADVISORY COMMITTEE FOR TRANSPARENCY IN 

15 AIR AMBULANCE INDUSTRY. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of enactment of this Act, the Secretary of Transpor18 tation shall establish an advisory committee to make rec19 ommendations for a rulemaking— 

20 (1) to require air ambulance operators to clear21 ly disclose charges for air transportation services 

22 separately from charges for non-air transportation 

23 services within any invoice or bill; and 

24 (2) to provide other consumer protections for 

25 customers of air ambulance operators. 


khammond on DSK30JT082PROD with BILLS
176 

•HR 4 IH

1 (b) COMPOSITION OF THE ADVISORY COMMITTEE.— 

2 The advisory committee shall be composed of the following 

3 members: 

4 (1) The Secretary of Transportation. 

5 (2) 1 representative, to be appointed by the 

6 Secretary, of each of the following: 

7 (A) Each relevant Federal agency, as de8 termined by the Secretary. 

9 (B) Air ambulance operators. 

10 (C) State insurance regulators. 

11 (D) Health insurance providers. 

12 (E) Consumer groups. 

13 (c) RECOMMENDATIONS.—The advisory committee 

14 shall make recommendations with respect to each of the 

15 following: 

16 (1) Cost-allocation methodologies needed to en17 sure that charges for air transportation services are 

18 separated from charges for non-air transportation 

19 services. 

20 (2) Cost- or price-allocation methodologies to 

21 prevent commingling of charges for air transpor22 tation services and charges for non-air transpor23 tation services in bills and invoices. 

24 (3) Formats for bills and invoices to ensure 

25 that customers and State insurance regulators can 


khammond on DSK30JT082PROD with BILLS
177 

•HR 4 IH

1 clearly distinguish between charges for air transpor2 tation services and charges for non-air transpor3 tation services. 

4 (4) Data or industry references related to air5 craft operating costs to be used in determining the 

6 proper allocation of charges for air transportation 

7 services and charges for non-air transportation serv8 ices. 

9 (5) Guidance materials to instruct States, polit10 ical subdivisions of States, and political authorities 

11 of 2 or more States on referring to the Secretary al12 legations of unfair or deceptive practices or unfair 

13 methods of competition by air ambulance operators. 

14 (6) Protections for customers of air ambulance 

15 operators, after consideration of the circumstances 

16 in which the services of air ambulance operators are 

17 used. 

18 (7) Protections of proprietary cost data from 

19 inappropriate public disclosure. 

20 (8) Such other matters as the Secretary deter21 mines necessary or appropriate. 

22 (d) REPORT.—Not later than 180 days after the date 

23 of the first meeting of the advisory committee, the advi24 sory committee shall submit to the Secretary, the Com25 mittee on Transportation and Infrastructure of the House 


khammond on DSK30JT082PROD with BILLS
178 

•HR 4 IH

1 of Representatives, and the Committee on Commerce, 

2 Science, and Transportation of the Senate a report con3 taining the recommendations made under subsection (c). 

4 (e) RULEMAKING.—Not later than 180 days after the 

5 date of receipt of the report under subsection (d), the Sec6 retary shall consider the recommendations of the advisory 

7 committee and issue a final rule— 

8 (1) to require air ambulance operators to clear9 ly disclose charges for air transportation services 

10 separately from charges for non-air transportation 

11 services within any invoice or bill; and 

12 (2) to provide other consumer protections for 

13 customers of air ambulance operators. 

14 (f) DEFINITIONS.—In this section, the following defi15 nitions apply: 

16 (1) AIR AMBULANCE OPERATOR.—The term 

17 ‘‘air ambulance operator’’ means an air carrier oper18 ating pursuant to part 135 of title 14, Code of Fed19 eral Regulations, that provides medical, ambulance, 

20 or related services. 

21 (2) NON-AIR TRANSPORTATION SERVICES.—The 

22 term ‘‘non-air transportation services’’ means those 

23 services provided by air ambulance operators but not 

24 other air carriers operating pursuant to part 135 of 

25 title 14, Code of Federal Regulations. 


khammond on DSK30JT082PROD with BILLS
179 

•HR 4 IH

1 (g) TERMINATION.—The advisory committee shall 

2 terminate on the date of submission of the report under 

3 subsection (d). 

4 (h) NATURE OF AIR AMBULANCE SERVICES.—The 

5 non-air transportation services of air ambulance operators 

6 and prices thereof are neither services nor prices of an 

7 air carrier for purposes of section 41713 of title 49, 

8 United States Code. 

9 SEC. 413. AIR AMBULANCE COMPLAINTS. 

10 (a) CONSUMER COMPLAINTS.—Section 42302 of title 

11 49, United States Code, is amended— 

12 (1) in subsection (a) by inserting ‘‘(including 

13 transportation by air ambulance)’’ after ‘‘air trans14 portation’’; 

15 (2) in subsection (b)— 

16 (A) in the matter preceding paragraph 

17 (1)— 

18 (i) by inserting ‘‘, and an air ambu19 lance operator,’’ after ‘‘passenger seats’’; 

20 and 

21 (ii) by inserting ‘‘or operator’’ after 

22 ‘‘Internet Web site of the carrier’’; and 

23 (B) in paragraph (2) by inserting ‘‘or op24 erator’’ after ‘‘mailing address of the air car25 rier’’; and 


khammond on DSK30JT082PROD with BILLS
180 

•HR 4 IH

1 (3) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) NOTICE TO PASSENGERS ON BOARDING OR

4 BILLING DOCUMENTATION.— 

5 ‘‘(1) AIR CARRIERS AND FOREIGN AIR CAR6 RIERS.—An air carrier or foreign air carrier pro7 viding scheduled air transportation using any air8 craft that as originally designed has a passenger ca9 pacity of 30 or more passenger seats shall include 

10 the hotline telephone number established under sub11 section (a) on— 

12 ‘‘(A) prominently displayed signs of the 

13 carrier at the airport ticket counters in the 

14 United States where the air carrier operates; 

15 and 

16 ‘‘(B) any electronic confirmation of the 

17 purchase of a passenger ticket for air transpor18 tation issued by the air carrier. 

19 ‘‘(2) AIR AMBULANCE OPERATORS.—An air am20 bulance operator shall include the hotline telephone 

21 number established under subsection (a) on any in22 voice, bill, or other communication provided to a 

23 passenger or customer of the operator.’’. 


khammond on DSK30JT082PROD with BILLS
181 

•HR 4 IH

1 (b) UNFAIR AND DECEPTIVE PRACTICES AND UN2 FAIR METHODS OF COMPETITION.—Section 41712(a) of 

3 title 49, United States Code, is amended— 

4 (1) by inserting ‘‘air ambulance customer,’’ 

5 after ‘‘foreign air carrier,’’ the first place it appears; 

6 and 

7 (2) by adding at the end the following: ‘‘In this 

8 subsection, the term ‘air carrier’ includes an air am9 bulance operator and the term ‘air transportation’ 

10 includes any transportation provided by an air am11 bulance.’’. 

12 SEC. 414. PASSENGER RIGHTS. 

13 (a) GUIDELINES.—Not later than 90 days after the 

14 date of enactment of this Act, the Secretary of Transpor15 tation shall require each air carrier to submit for approval 

16 a 1-page document that accurately describes the rights of 

17 passengers in air transportation, including guidelines for 

18 the following: 

19 (1) Compensation (regarding rebooking options, 

20 refunds, meals, and lodging) for flight delays of var21 ious lengths. 

22 (2) Compensation (regarding rebooking options, 

23 refunds, meals, and lodging) for flight cancellations. 

24 (3) Compensation for mishandled baggage, in25 cluding delayed, damaged, pilfered, or lost baggage. 


khammond on DSK30JT082PROD with BILLS
182 

•HR 4 IH

1 (4) Voluntary relinquishment of a ticketed seat 

2 due to overbooking or priority of other passengers. 

3 (5) Involuntary denial of boarding and forced 

4 removal for whatever reason, including for safety 

5 and security reasons. 

6 (b) APPROVAL OF GUIDELINES.—Not later than 90 

7 days after each air carrier submits its guidelines for ap8 proval to the Secretary under subsection (a), the air car9 rier shall make available such 1-page document on its 

10 website. 

11 Subtitle B—Aviation Consumers 

12 With Disabilities 

13 SEC. 441. SELECT SUBCOMMITTEE. 

14 Section 411 of the FAA Modernization and Reform 

15 Act of 2012 (49 U.S.C. 42301 prec. note), as amended 

16 by this Act, is further amended— 

17 (1) by redesignating subsections (g) and (h) as 

18 subsections (h) and (i), respectively; and 

19 (2) by inserting after subsection (f) the fol20 lowing: 

21 ‘‘(g) SELECT SUBCOMMITTEE FOR AVIATION CON22 SUMERS WITH DISABILITIES.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall estab24 lish a select subcommittee of the advisory committee 

25 to advise the Secretary and the advisory committee 


khammond on DSK30JT082PROD with BILLS
183 

•HR 4 IH

1 on issues related to the air travel needs of pas2 sengers with disabilities. 

3 ‘‘(2) DUTIES.—The select subcommittee shall— 

4 ‘‘(A) identify the disability-related access 

5 barriers encountered by passengers with disabil6 ities; 

7 ‘‘(B) determine the extent to which the 

8 programs and activities of the Department of 

9 Transportation are addressing the barriers 

10 identified under subparagraph (A); 

11 ‘‘(C) recommend consumer protection im12 provements related to the air travel experience 

13 of passengers with disabilities; 

14 ‘‘(D) advise the Secretary with regard to 

15 the implementation of section 41705 of title 49, 

16 United States Code; and 

17 ‘‘(E) conduct such other activities as the 

18 Secretary considers necessary to carry out this 

19 subsection. 

20 ‘‘(3) MEMBERSHIP.— 

21 ‘‘(A) COMPOSITION.—The select sub22 committee shall be composed of members ap23 pointed by the Secretary, including at least 1 

24 individual representing each of the following: 

25 ‘‘(i) National disability organizations. 


khammond on DSK30JT082PROD with BILLS
184 

•HR 4 IH

1 ‘‘(ii) Air carriers and foreign air car2 riers with flights in air transportation. 

3 ‘‘(iii) Airport operators. 

4 ‘‘(iv) Contractor service providers. 

5 ‘‘(B) INCLUSION.—A member of the select 

6 subcommittee may also be a member of the ad7 visory committee. 

8 ‘‘(4) REPORTS.— 

9 ‘‘(A) IN GENERAL.—Not later than 1 year 

10 after the date of establishment of the select 

11 subcommittee, the select subcommittee shall 

12 submit to the advisory committee and the Sec13 retary a report on the air travel needs of pas14 sengers with disabilities that includes— 

15 ‘‘(i) an assessment of existing dis16 ability-related access barriers and any 

17 emerging disability-related access barriers 

18 that will likely be an issue in the next 5 

19 years; 

20 ‘‘(ii) an evaluation of the extent to 

21 which the programs and activities of the 

22 Department of Transportation are elimi23 nating disability-related access barriers; 

24 ‘‘(iii) a description of consumer pro25 tection improvements related to the air 


khammond on DSK30JT082PROD with BILLS
185 

•HR 4 IH

1 travel experience of passengers with dis2 abilities; and 

3 ‘‘(iv) any recommendations for legisla4 tion, regulations, or other actions that the 

5 select subcommittee considers appropriate. 

6 ‘‘(B) REPORT TO CONGRESS.—Not later 

7 than 60 days after the date on which the Sec8 retary receives the report under subparagraph 

9 (A), the Secretary shall submit to Congress a 

10 copy of the report, including any additional 

11 findings or recommendations that the Secretary 

12 considers appropriate. 

13 ‘‘(5) CHAIRPERSON.—The Secretary shall des14 ignate, from among the individuals appointed under 

15 paragraph (3), an individual to serve as chairperson 

16 of the select subcommittee. 

17 ‘‘(6) VACANCIES AND TRAVEL EXPENSES.— 

18 Subsections (c) and (d) shall apply to the select sub19 committee. 

20 ‘‘(7) TERMINATION.—The select subcommittee 

21 established under this subsection shall terminate 

22 upon submission of the report required under para23 graph (4)(A).’’. 


khammond on DSK30JT082PROD with BILLS
186 

•HR 4 IH

1 SEC. 442. AVIATION CONSUMERS WITH DISABILITIES 

2 STUDY. 

3 (a) STUDY.—Not later than 180 days after the date 

4 of enactment of this Act, the Comptroller General of the 

5 United States shall conduct a study that includes— 

6 (1) a review of airport accessibility best prac7 tices for individuals with disabilities, including best 

8 practices that improve infrastructure facilities and 

9 communications methods, including those related to 

10 wayfinding, amenities, and passenger care; 

11 (2) a review of air carrier and airport training 

12 policies related to section 41705 of title 49, United 

13 States Code; 

14 (3) a review of air carrier training policies re15 lated to properly assisting passengers with disabil16 ities; and 

17 (4) a review of accessibility best practices that 

18 exceed those recommended under Public Law 90– 

19 480 (popularly known as the Architectural Barriers 

20 Act of 1968; 42 U.S.C. 4151 et seq.), the Rehabili21 tation Act of 1973 (29 U.S.C. 701 et seq.), the Air 

22 Carrier Access Act of 1986 (Public Law 99–435; 

23 100 Stat. 1080 et seq.), and the Americans with 

24 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 

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

26 of enactment of this Act, the Comptroller General shall 


khammond on DSK30JT082PROD with BILLS
187 

•HR 4 IH

1 submit to the Secretary of Transportation, the Committee 

2 on Transportation and Infrastructure of the House of 

3 Representatives, and the Committee on Commerce, 

4 Science, and Transportation of the Senate a report on the 

5 study, including findings and recommendations. 

6 SEC. 443. FEASIBILITY STUDY ON IN-CABIN WHEELCHAIR 

7 RESTRAINT SYSTEMS. 

8 (a) STUDY.—Not later than 2 years after the date 

9 of enactment of this Act, the Secretary of Transportation, 

10 in consultation with the Architectural and Transportation 

11 Barriers Compliance Board, aircraft manufacturers, and 

12 air carriers, shall conduct a study to determine— 

13 (1) the feasibility of in-cabin wheelchair re14 straint systems; and 

15 (2) if feasible, the ways in which individuals 

16 with significant disabilities using wheelchairs, includ17 ing power wheelchairs, can be accommodated with 

18 in-cabin wheelchair restraint systems. 

19 (b) REPORT.—Not later than 1 year after the initi20 ation of the study under subsection (a), the Secretary of 

21 Transportation shall submit to the Committee on Trans22 portation and Infrastructure of the House of Representa23 tives and the Committee on Commerce, Science, and 

24 Transportation of the Senate a report on the findings of 

25 the study. 


khammond on DSK30JT082PROD with BILLS
188 

•HR 4 IH

1 SEC. 444. ACCESS ADVISORY COMMITTEE RECOMMENDA2 TIONS. 

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

4 date of enactment of this Act, the Secretary of Transpor5 tation shall issue a notice of proposed rulemaking address6 ing— 

7 (1) accommodations for air travelers with dis8 abilities with respect to in-flight entertainment; 

9 (2) accessible lavatories on single-aisle aircraft; 

10 and 

11 (3) service animals. 

12 (b) RULEMAKING.—Not later than 1 year after the 

13 date on which the notice of proposed rulemaking is issued, 

14 the Secretary shall publish a final rule based on such no15 tice. 

16 Subtitle C—Small Community Air 

17 Service 

18 SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION. 

19 Section 41742(a)(2) of title 49, United States Code, 

20 is amended by striking ‘‘$150,000,000 for fiscal year 

21 2011’’ and all that follows before ‘‘to carry out’’ and in22 serting ‘‘$153,000,000 for fiscal year 2018, $156,000,000 

23 for fiscal year 2019, $159,000,000 for fiscal year 2020, 

24 $162,000,000 for fiscal year 2021, $165,000,000 for fis25 cal year 2022, and $168,000,000 for fiscal year 2023’’. 


khammond on DSK30JT082PROD with BILLS
189 

•HR 4 IH

1 SEC. 452. EXTENSION OF FINAL ORDER ESTABLISHING 

2 MILEAGE ADJUSTMENT ELIGIBILITY. 

3 Section 409(d) of the Vision 100—Century of Avia4 tion Reauthorization Act (49 U.S.C. 41731 note) is 

5 amended by striking ‘‘2018’’ and inserting ‘‘2023’’. 

6 SEC. 453. STUDY ON ESSENTIAL AIR SERVICE REFORM. 

7 (a) STUDY.— 

8 (1) IN GENERAL.—The Comptroller General of 

9 the United States shall conduct a study on the ef10 fects of section 6 of the Airport and Airway Exten11 sion Act of 2011, Part IV (Public Law 112–27), sec12 tion 421 of the FAA Modernization and Reform Act 

13 of 2012 (Public Law 112–95), and other relevant 

14 Federal laws enacted after 2010, including the 

15 amendments made by those laws, on the Essential 

16 Air Service program. 

17 (2) SCOPE.—In conducting the study under 

18 paragraph (1), the Comptroller General shall ana19 lyze, at a minimum— 

20 (A) the impact of each relevant Federal 

21 law, including the amendments made by each 

22 law, on the Essential Air Service program; 

23 (B) what actions communities and air car24 riers have taken to reduce ticket prices or in25 crease enplanements as a result of each law; 


khammond on DSK30JT082PROD with BILLS
190 

•HR 4 IH

1 (C) the issuance of waivers by the Sec2 retary under section 41731(e) of title 49, 

3 United States Code; 

4 (D) whether budgetary savings resulted 

5 from each law; and 

6 (E) options for further reform of the Es7 sential Air Service program. 

8 (b) REPORT.—Not later than 180 days after the date 

9 of enactment of this Act, the Comptroller General shall 

10 submit to the Committee on Transportation and Infra11 structure of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate a report on the results of the study conducted 

14 under subsection (a). 

15 SEC. 454. SMALL COMMUNITY AIR SERVICE. 

16 (a) ELIGIBILITY.—Section 41743(c) of title 49, 

17 United States Code, is amended— 

18 (1) by striking paragraph (1) and inserting the 

19 following: 

20 ‘‘(1) SIZE.—On the date of submission of the 

21 relevant application under subsection (b), the airport 

22 serving the community or consortium— 

23 ‘‘(A) is not larger than a small hub air24 port, as determined using the Department of 


khammond on DSK30JT082PROD with BILLS
191 

•HR 4 IH

1 Transportation’s most recently published classi2 fication; and 

3 ‘‘(B) has— 

4 ‘‘(i) insufficient air carrier service; or 

5 ‘‘(ii) unreasonably high air fares.’’; 

6 (2) in paragraph (4)— 

7 (A) by striking ‘‘once,’’ and inserting 

8 ‘‘once in a 10-year period,’’; and 

9 (B) by inserting ‘‘at any time’’ after ‘‘dif10 ferent project’’; and 

11 (3) in paragraph (5)— 

12 (A) by redesignating subparagraphs (E) 

13 and (F) as subparagraphs (F) and (G), respec14 tively; and 

15 (B) by inserting after subparagraph (D) 

16 the following: 

17 ‘‘(E) the assistance will be used to help re18 store scheduled passenger air service that has 

19 been terminated;’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 41743(e)(2) of title 49, United States Code, is amended 

22 to read as follows: 

23 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to the Sec25 retary $10,000,000 for each of fiscal years 2018 


khammond on DSK30JT082PROD with BILLS
192 

•HR 4 IH

1 through 2023 to carry out this section, of which 

2 $4,800,000 per fiscal year shall be used to carry out 

3 the pilot program established under subsection (i). 

4 Such sums shall remain available until expended.’’. 

5 (c) REGIONAL AIR TRANSPORTATION PILOT PRO6 GRAM.—Section 41743 of title 49, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(i) REGIONAL AIR TRANSPORTATION PILOT PRO9 GRAM.— 

10 ‘‘(1) ESTABLISHMENT.—The Secretary shall es11 tablish a regional air transportation pilot program to 

12 provide operating assistance to air carriers in order 

13 to provide air service to communities not receiving 

14 sufficient air carrier service. 

15 ‘‘(2) GRANTS.—The Secretary shall provide 

16 grants under the program to encourage and main17 tain air service at reasonable airfares between com18 munities that have experienced, as determined by 

19 the Secretary, significant declines in air service. 

20 ‘‘(3) APPLICATION REQUIRED.—In order to 

21 participate in the program, a State, local govern22 ment, economic development authority, or other pub23 lic entity shall submit to the Secretary an applica24 tion, in a manner that the Secretary prescribes, that 

25 contains— 


khammond on DSK30JT082PROD with BILLS
193 

•HR 4 IH

1 ‘‘(A) an identification of an air carrier that 

2 has provided a written agreement to provide the 

3 air service in partnership with the applicant; 

4 ‘‘(B) assurances that the applicant will 

5 provide the non-Federal share and that the 

6 non-Federal share is not derived from airport 

7 revenue; 

8 ‘‘(C) a proposed route structure serving 

9 not more than 8 communities; and 

10 ‘‘(D) a timeline for commencing the air 

11 service to the communities within the proposed 

12 route structure. 

13 ‘‘(4) CRITERIA FOR PARTICIPATION.—The Sec14 retary may approve up to 3 applications each fiscal 

15 year, subject to the availability of funds, if the Sec16 retary determines that— 

17 ‘‘(A) the proposal of the applicant can rea18 sonably be expected to encourage and improve 

19 levels of air service between the relevant com20 munities; 

21 ‘‘(B) the applicant has adequate financial 

22 resources to ensure the commitment to the com23 munities; 

24 ‘‘(C) the airports serving the communities 

25 are nonhub, small hub, or medium hub airports, 


khammond on DSK30JT082PROD with BILLS
194 

•HR 4 IH

1 as determined using the Department of Trans2 portation’s most recently published classifica3 tions; and 

4 ‘‘(D) the air carrier commits to serving the 

5 communities for at least 2 years. 

6 ‘‘(5) PRIORITIES.—The Secretary shall 

7 prioritize applications that— 

8 ‘‘(A) would initiate new or reestablish air 

9 service in communities where air fares are high10 er than the average air fares for all commu11 nities; 

12 ‘‘(B) are more likely to result in self-sus13 taining air service at the end of the program; 

14 ‘‘(C) request a Federal share lower than 

15 50 percent; and 

16 ‘‘(D) propose to use grant funds in a time17 ly fashion. 

18 ‘‘(6) FEDERAL SHARE.—The Federal share of 

19 the cost of operating assistance provided under the 

20 program may not exceed 50 percent. 

21 ‘‘(7) SUNSET.—This subsection shall cease to 

22 be effective on October 1, 2023.’’. 

23 SEC. 455. AIR TRANSPORTATION TO NONELIGIBLE PLACES. 

24 (a) DEFINITIONS.—Section 41731(a)(1)(A)(ii) of 

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


khammond on DSK30JT082PROD with BILLS
195 

•HR 4 IH

1 ‘‘Wendell H. Ford Aviation Investment and Reform Act 

2 for the 21st Century,’’ and inserting ‘‘FAA Extension, 

3 Safety, and Security Act of 2016 (Public Law 114–190),’’. 

4 (b) PROGRAM SUNSET.—Section 41736 of title 49, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘(h) SUNSET.— 

8 ‘‘(1) PROPOSALS.—No proposal under sub9 section (a) may be accepted by the Secretary after 

10 the date of enactment of this subsection. 

11 ‘‘(2) PROGRAM.—The Secretary may not pro12 vide any compensation under this section after the 

13 date that is 2 years after the date of enactment of 

14 this subsection.’’. 

15 TITLE V—MISCELLANEOUS 

16 SEC. 501. REVIEW OF FAA STRATEGIC CYBERSECURITY 

17 PLAN. 

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

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

20 Federal Aviation Administration shall initiate a review of 

21 the comprehensive and strategic framework of principles 

22 and policies (referred to in this section as the ‘‘frame23 work’’) developed pursuant to section 2111 of the FAA 

24 Extension, Safety, and Security Act of 2016 (49 U.S.C. 

25 44903 note). 


khammond on DSK30JT082PROD with BILLS
196 

•HR 4 IH

1 (b) CONTENTS.—In undertaking the review under 

2 subsection (a), the Administrator shall— 

3 (1) assess the degree to which the framework 

4 identifies and addresses known cybersecurity risks 

5 associated with the aviation system; 

6 (2) review existing short- and long-term objec7 tives for addressing cybersecurity risks to the na8 tional airspace system; and 

9 (3) assess the Administration’s level of engage10 ment and coordination with aviation stakeholders 

11 and other appropriate agencies, organizations, or 

12 groups with which the Administration consults to 

13 carry out the framework. 

14 (c) UPDATES.—Upon completion of the review under 

15 subsection (a), the Administrator shall modify the frame16 work, as appropriate, to address any deficiencies identified 

17 by the review. 

18 (d) REPORT TO CONGRESS.—Not later than 180 days 

19 after initiating the review required by subsection (a), the 

20 Administrator shall submit to the Committee on Trans21 portation and Infrastructure of the House of Representa22 tives and the Committee on Commerce, Science, and 

23 Transportation of the Senate a report on the results of 

24 the review, including a description of any modifications 

25 made to the framework. 


khammond on DSK30JT082PROD with BILLS
197 

•HR 4 IH

1 SEC. 502. CONSOLIDATION AND REALIGNMENT OF FAA 

2 SERVICES AND FACILITIES. 

3 Section 804(a) of the FAA Modernization and Re4 form Act of 2012 (49 U.S.C. 44501 note) is amended— 

5 (1) in paragraph (2) by striking ‘‘The purpose 

6 of the report shall be—’’ and all that follows 

7 through ‘‘(B) to reduce’’ and inserting ‘‘The purpose 

8 of the report shall be to reduce’’; and 

9 (2) by striking paragraph (4) and inserting the 

10 following: 

11 ‘‘(4) INPUT.—The report shall be prepared by 

12 the Administrator (or the Administrator’s designee) 

13 with the participation of— 

14 ‘‘(A) representatives of labor organizations 

15 representing air traffic control system employ16 ees of the FAA; and 

17 ‘‘(B) industry stakeholders.’’. 

18 SEC. 503. FAA REVIEW AND REFORM. 

19 (a) AGENCY REPORT.—Not later than 60 days after 

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

21 the Federal Aviation Administration shall submit to the 

22 Committee on Transportation and Infrastructure of the 

23 House of Representatives and the Committee on Com24 merce, Science, and Transportation of the Senate a de25 tailed analysis of any actions taken to address the findings 

26 and recommendations included in the report required 


khammond on DSK30JT082PROD with BILLS
198 

•HR 4 IH

1 under section 812(d) of the FAA Modernization and Re2 form Act of 2012 (49 U.S.C. 106 note), including— 

3 (1) consolidating, phasing-out, or eliminating 

4 duplicative positions, programs, roles, or offices; 

5 (2) eliminating or streamlining wasteful prac6 tices; 

7 (3) eliminating or phasing-out redundant, obso8 lete, or unnecessary functions; 

9 (4) reforming and streamlining inefficient proc10 esses so that the activities of the Administration are 

11 completed in an expedited and efficient manner; and 

12 (5) reforming or eliminating ineffectual or out13 dated policies. 

14 (b) ADDITIONAL REVIEW.—Not later than 18 

15 months after the date of enactment of this Act, the Ad16 ministrator shall undertake and complete a thorough re17 view of each program, office, and organization within the 

18 Administration to identify— 

19 (1) duplicative positions, programs, roles, or of20 fices; 

21 (2) wasteful practices; 

22 (3) redundant, obsolete, or unnecessary func23 tions; 

24 (4) inefficient processes; and 

25 (5) ineffectual or outdated policies. 


khammond on DSK30JT082PROD with BILLS
199 

•HR 4 IH

1 (c) ACTIONS TO STREAMLINE AND REFORM FAA.— 

2 Not later than 60 days after the date of completion of 

3 the review under subsection (b), the Administrator shall 

4 undertake such actions as may be necessary to address 

5 the findings of the Administrator under such subsection. 

6 (d) REPORT TO CONGRESS.—Not later than 120 days 

7 after the date of completion of the review under subsection 

8 (b), the Administrator shall submit to the Committee on 

9 Transportation and Infrastructure of the House of Rep10 resentatives and the Committee on Commerce, Science, 

11 and Transportation of the Senate a report on the actions 

12 taken by the Administrator pursuant to subsection (c), in13 cluding any recommendations for legislative or administra14 tive actions. 

15 SEC. 504. AVIATION FUEL. 

16 (a) USE OF UNLEADED AVIATION GASOLINE.—The 

17 Administrator of the Federal Aviation Administration 

18 shall allow the use of an unleaded aviation gasoline in an 

19 aircraft as a replacement for a leaded gasoline if the Ad20 ministrator— 

21 (1) determines that an unleaded aviation gaso22 line qualifies as a replacement for an approved lead23 ed gasoline; 


khammond on DSK30JT082PROD with BILLS
200 

•HR 4 IH

1 (2) identifies the aircraft and engines that are 

2 eligible to use the qualified replacement unleaded 

3 gasoline; and 

4 (3) adopts a process (other than the traditional 

5 means of certification) to allow eligible aircraft and 

6 engines to operate using qualified replacement un7 leaded gasoline in a manner that ensures safety. 

8 (b) TIMING.—The Administrator shall adopt the 

9 process described in subsection (a)(3) not later than 180 

10 days after the later of— 

11 (1) the date of completion of the Piston Avia12 tion Fuels Initiative of the Administration; or 

13 (2) the date of publication of an American Soci14 ety for Testing and Materials Production Specifica15 tion for an unleaded aviation gasoline. 

16 (c) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Piston Aviation Fuels Initiative of the Ad18 ministration and the American Society for Testing and 

19 Materials should work to find an appropriate unleaded 

20 aviation gasoline by January 1, 2024. 

21 SEC. 505. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC 

22 CONTROL SYSTEM. 

23 Notwithstanding any other provision of law, the Ad24 ministrator of the Federal Aviation Administration shall, 

25 upon request of a private aircraft owner or operator, block 


khammond on DSK30JT082PROD with BILLS
201 

•HR 4 IH

1 the registration number of the aircraft of the owner or 

2 operator from any public dissemination or display, except 

3 in data made available to a Government agency, for the 

4 noncommercial flights of the owner or operator. 

5 SEC. 506. AIR SHOWS. 

6 On an annual basis, the Administrator of the Federal 

7 Aviation Administration shall work with representatives of 

8 Administration-approved air shows, the general aviation 

9 community, and stadiums and other large outdoor events 

10 and venues to identify and resolve, to the maximum extent 

11 practicable, scheduling conflicts between Administration12 approved air shows and large outdoor events and venues 

13 where— 

14 (1) flight restrictions will be imposed pursuant 

15 to section 521 of title V of division F of Public Law 

16 108–199 (118 Stat. 343); or 

17 (2) any other restriction will be imposed pursu18 ant to Federal Aviation Administration Flight Data 

19 Center Notice to Airmen 4/3621 (or any successor 

20 notice to airmen). 

21 SEC. 507. PART 91 REVIEW, REFORM, AND STREAMLINING. 

22 (a) ESTABLISHMENT OF TASK FORCE.—Not later 

23 than 90 days after the date of enactment of this Act, the 

24 Administrator of the Federal Aviation Administration 

25 shall establish a task force comprised of representatives 


khammond on DSK30JT082PROD with BILLS
202 

•HR 4 IH

1 of the general aviation industry who regularly perform 

2 part 91 operations, labor unions (including those rep3 resenting FAA aviation safety inspectors and FAA avia4 tion safety engineers), manufacturers, and the Govern5 ment to— 

6 (1) conduct an assessment of the FAA over7 sight and authorization processes and requirements 

8 for aircraft under part 91; and 

9 (2) make recommendations to streamline the 

10 applicable authorization and approval processes, im11 prove safety, and reduce regulatory cost burdens and 

12 delays for the FAA and aircraft owners and opera13 tors who operate pursuant to part 91. 

14 (b) CONTENTS.—In conducting the assessment and 

15 making recommendations under subsection (a), the task 

16 force shall consider— 

17 (1) process reforms and improvements to allow 

18 the FAA to review and approve applications in a fair 

19 and timely fashion; 

20 (2) the appropriateness of requiring an author21 ization for each experimental aircraft rather than 

22 using a broader all makes and models approach; 

23 (3) ways to improve the timely response to let24 ters of authorization applications for aircraft owners 

25 and operators who operate pursuant to part 91, inVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
203 

•HR 4 IH

1 cluding setting deadlines and granting temporary or 

2 automatic authorizations if deadlines are missed by 

3 the FAA; 

4 (4) methods for enhancing the effective use of 

5 delegation systems; 

6 (5) methods for training the FAA’s field office 

7 employees in risk-based and safety management sys8 tem oversight; and 

9 (6) such other matters related to streamlining 

10 part 91 authorization and approval processes as the 

11 task force considers appropriate. 

12 (c) REPORT TO CONGRESS.— 

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

14 the date of enactment of this Act, the Administrator 

15 shall submit to the Committee on Transportation 

16 and Infrastructure of the House of Representatives 

17 and the Committee on Commerce, Science, and 

18 Transportation of the Senate a report on the results 

19 of the task force’s assessment. 

20 (2) CONTENTS.—The report shall include an 

21 explanation of how the Administrator will— 

22 (A) implement the recommendations of the 

23 task force; 

24 (B) measure progress in implementing the 

25 recommendations; and 


khammond on DSK30JT082PROD with BILLS
204 

•HR 4 IH

1 (C) measure the effectiveness of the imple2 mented recommendations. 

3 (d) IMPLEMENTATION OF RECOMMENDATIONS.—Not 

4 later than 18 months after the date of enactment of this 

5 Act, the Administrator shall implement the recommenda6 tions made under this section. 

7 (e) DEFINITIONS.—In this section, the following defi8 nitions apply: 

9 (1) FAA.—The term ‘‘FAA’’ means the Fed10 eral Aviation Administration. 

11 (2) PART 91.—The term ‘‘part 91’’ means part 

12 91 of title 14, Code of Federal Regulations. 

13 (f) APPLICABLE LAW.—Public Law 92–463 shall not 

14 apply to the task force. 

15 (g) SUNSET.—The task force shall terminate on the 

16 day the Administrator submits the report required under 

17 subsection (c). 

18 SEC. 508. AIRCRAFT REGISTRATION. 

19 Not later than 180 days after the date of enactment 

20 of this Act, the Administrator of the Federal Aviation Ad21 ministration shall initiate a rulemaking to increase the du22 ration of aircraft registrations for noncommercial general 

23 aviation aircraft to 10 years. 


khammond on DSK30JT082PROD with BILLS
205 

•HR 4 IH

1 SEC. 509. AIR TRANSPORTATION OF LITHIUM CELLS AND 

2 BATTERIES. 

3 (a) COOPERATIVE EFFORTS TO ENSURE COMPLI4 ANCE WITH SAFETY REGULATIONS.— 

5 (1) IN GENERAL.—The Secretary of Transpor6 tation, in coordination with appropriate Federal 

7 agencies, shall carry out cooperative efforts to en8 sure that shippers who offer lithium ion and lithium 

9 metal batteries for air transport to or from the 

10 United States comply with U.S. Hazardous Mate11 rials Regulations and ICAO Technical Instructions. 

12 (2) COOPERATIVE EFFORTS.—The cooperative 

13 efforts the Secretary shall carry out pursuant to 

14 paragraph (1) include the following: 

15 (A) Encouraging training programs at lo16 cations outside the United States from which 

17 substantial cargo shipments of lithium ion or 

18 lithium metal batteries originate for manufac19 turers, freight forwarders, and other shippers 

20 and potential shippers of lithium ion and lith21 ium metal batteries. 

22 (B) Working with Federal, regional, and 

23 international transportation agencies to ensure 

24 enforcement of U.S. Hazardous Materials Reg25 ulations and ICAO Technical Instructions with 

26 respect to shippers who offer noncompliant 


khammond on DSK30JT082PROD with BILLS
206 

•HR 4 IH

1 shipments of lithium ion and lithium metal bat2 teries. 

3 (C) Sharing information, as appropriate, 

4 with Federal, regional, and international trans5 portation agencies regarding noncompliant ship6 ments. 

7 (D) Pursuing a joint effort with the inter8 national aviation community to develop a proc9 ess to obtain assurances that appropriate en10 forcement actions are taken to reduce the likeli11 hood of noncompliant shipments, especially with 

12 respect to jurisdictions in which enforcement 

13 activities historically have been limited. 

14 (E) Providing information in brochures 

15 and on the internet in appropriate foreign lan16 guages and dialects that describes the actions 

17 required to comply with U.S. Hazardous Mate18 rials Regulations and ICAO Technical Instruc19 tions. 

20 (F) Developing joint efforts with the inter21 national aviation community to promote a bet22 ter understanding of the requirements of and 

23 methods of compliance with U.S. Hazardous 

24 Materials Regulations and ICAO Technical In25 structions. 


khammond on DSK30JT082PROD with BILLS
207 

•HR 4 IH

1 (3) REPORTING.—Not later than 120 days after 

2 the date of enactment of this Act, and annually 

3 thereafter for 2 years, the Secretary shall submit to 

4 the Committee on Transportation and Infrastructure 

5 of the House of Representatives and the Committee 

6 on Commerce, Science, and Transportation of the 

7 Senate a report on compliance with the policy set 

8 forth in subsection (e) and the cooperative efforts 

9 carried out, or planned to be carried out, under this 

10 subsection. 

11 (b) LITHIUM BATTERY AIR SAFETY ADVISORY COM12 MITTEE.— 

13 (1) ESTABLISHMENT.—Not later than 60 days 

14 after the date of enactment of this Act, the Sec15 retary shall establish, in accordance with the re16 quirements of the Federal Advisory Committee Act 

17 (5 U.S.C. App.), a lithium ion and lithium metal 

18 battery air safety advisory committee (in this sub19 section referred to as the ‘‘Committee’’). 

20 (2) DUTIES.—The Committee shall— 

21 (A) facilitate communication between man22 ufacturers of lithium ion and lithium metal cells 

23 and batteries, manufacturers of products incor24 porating both large and small lithium ion and 

25 lithium metal batteries, air carriers, and the 


khammond on DSK30JT082PROD with BILLS
208 

•HR 4 IH

1 Federal Government regarding the safe air 

2 transportation of lithium ion and lithium metal 

3 cells and batteries and the effectiveness and 

4 economic and social impacts of the regulation of 

5 such transportation; 

6 (B) provide the Secretary, the Federal 

7 Aviation Administration, and the Pipeline and 

8 Hazardous Materials Safety Administration 

9 with timely information about new lithium ion 

10 and lithium metal battery technology and trans11 portation safety practices and methodologies; 

12 (C) provide a forum for the Secretary to 

13 provide information on and to discuss the ac14 tivities of the Department of Transportation re15 lating to lithium ion and lithium metal battery 

16 transportation safety, the policies underlying 

17 the activities, and positions to be advocated in 

18 international forums; 

19 (D) provide a forum for the Secretary to 

20 provide information and receive advice on— 

21 (i) activities carried out throughout 

22 the world to communicate and enforce rel23 evant United States regulations and the 

24 ICAO Technical Instructions; and 

25 (ii) the effectiveness of the activities; 


khammond on DSK30JT082PROD with BILLS
209 

•HR 4 IH

1 (E) provide advice and recommendations to 

2 the Secretary with respect to lithium ion and 

3 lithium metal battery air transportation safety, 

4 including how best to implement activities to in5 crease awareness of relevant requirements and 

6 their importance to travelers and shippers; and 

7 (F) review methods to decrease the risk 

8 posed by air shipment of undeclared hazardous 

9 materials and efforts to educate those who pre10 pare and offer hazardous materials for ship11 ment via air transport. 

12 (3) MEMBERSHIP.—The Committee shall be 

13 composed of the following members: 

14 (A) Individuals appointed by the Secretary 

15 to represent— 

16 (i) large volume manufacturers of lith17 ium ion and lithium metal cells and bat18 teries; 

19 (ii) domestic manufacturers of lithium 

20 ion and lithium metal batteries or battery 

21 packs; 

22 (iii) manufacturers of consumer prod23 ucts powered by lithium ion and lithium 

24 metal batteries; 


khammond on DSK30JT082PROD with BILLS
210 

•HR 4 IH

1 (iv) manufacturers of vehicles powered 

2 by lithium ion and lithium metal batteries; 

3 (v) marketers of products powered by 

4 lithium ion and lithium metal batteries; 

5 (vi) cargo air service providers based 

6 in the United States; 

7 (vii) passenger air service providers 

8 based in the United States; 

9 (viii) pilots and employees of air serv10 ice providers described in clauses (vi) and 

11 (vii); 

12 (ix) shippers of lithium ion and lith13 ium metal batteries for air transportation; 

14 (x) manufacturers of battery-powered 

15 medical devices or batteries used in med16 ical devices; and 

17 (xi) employees of the Department of 

18 Transportation, including employees of the 

19 Federal Aviation Administration and the 

20 Pipeline and Hazardous Materials Safety 

21 Administration. 

22 (B) Representatives of such other Govern23 ment departments and agencies as the Sec24 retary determines appropriate. 


khammond on DSK30JT082PROD with BILLS
211 

•HR 4 IH

1 (C) Any other individuals the Secretary de2 termines are appropriate to comply with Fed3 eral law. 

4 (4) REPORT.— 

5 (A) IN GENERAL.—Not later than 180 

6 days after the establishment of the Committee, 

7 the Committee shall submit to the Secretary, 

8 the Committee on Transportation and Infra9 structure of the House of Representatives, and 

10 the Committee on Commerce, Science, and 

11 Transportation of the Senate a report that— 

12 (i) describes and evaluates the steps 

13 being taken in the private sector and by 

14 international regulatory authorities to im15 plement and enforce requirements relating 

16 to the safe transportation by air of bulk 

17 shipments of lithium ion cells and bat18 teries; and 

19 (ii) identifies any areas of enforce20 ment or regulatory requirements for which 

21 there is consensus that greater attention is 

22 needed. 

23 (B) INDEPENDENT STATEMENTS.—Each 

24 member of the Committee shall be provided an 

25 opportunity to submit an independent stateVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
212 

•HR 4 IH

1 ment of views with the report submitted pursu2 ant to subparagraph (A). 

3 (5) MEETINGS.— 

4 (A) IN GENERAL.—The Committee shall 

5 meet at the direction of the Secretary and at 

6 least twice a year. 

7 (B) PREPARATION FOR ICAO MEETINGS.— 

8 Notwithstanding subparagraph (A), the Sec9 retary shall convene a meeting of the Com10 mittee in connection with and in advance of 

11 each meeting of the International Civil Aviation 

12 Organization, or any of its panels or working 

13 groups, addressing the safety of air transpor14 tation of lithium ion and lithium metal batteries 

15 to brief Committee members on positions to be 

16 taken by the United States at such meeting and 

17 provide Committee members a meaningful op18 portunity to comment. 

19 (6) TERMINATION.—The Committee shall ter20 minate on the date that is 6 years after the date on 

21 which the Committee is established. 

22 (7) TERMINATION OF FUTURE OF AVIATION AD23 VISORY COMMITTEE.—The Future of Aviation Advi24 sory Committee shall terminate on the date on which 


khammond on DSK30JT082PROD with BILLS
213 

•HR 4 IH

1 the lithium ion battery air safety advisory committee 

2 is established. 

3 (c) MEDICAL DEVICE BATTERIES.— 

4 (1) LIMITED EXCEPTIONS TO RESTRICTIONS ON

5 AIR TRANSPORTATION OF MEDICAL DEVICE BAT6 TERIES.—The Secretary shall issue limited excep7 tions to the restrictions on transportation of lithium 

8 ion and lithium metal batteries to allow the ship9 ment on a passenger aircraft of not more than 2 re10 placement batteries specifically used for a medical 

11 device if— 

12 (A) the intended destination of the bat13 teries is not serviced daily by cargo aircraft if 

14 a battery is required for medically necessary 

15 care; and 

16 (B) with regard to a shipper of lithium ion 

17 or lithium metal batteries for medical devices 

18 that cannot comply with a charge limitation in 

19 place at the time, each battery is— 

20 (i) individually packed in an inner 

21 packaging that completely encloses the bat22 tery; 

23 (ii) placed in a rigid outer packaging; 

24 and 


khammond on DSK30JT082PROD with BILLS
214 

•HR 4 IH

1 (iii) protected to prevent a short cir2 cuit. 

3 (2) MEDICAL DEVICE DEFINED.—ln this sub4 section, the term ‘‘medical device’’ means an instru5 ment, apparatus, implement, machine, contrivance, 

6 implant, or in vitro reagent, including any compo7 nent, part, or accessory thereof, which is intended 

8 for use in the diagnosis of disease or other condi9 tions, or in the cure, mitigation, treatment, or pre10 vention of disease, in a person. 

11 (3) SAVINGS CLAUSE.—Nothing in this sub12 section may be construed as expanding or restricting 

13 any authority of the Secretary under section 828 of 

14 the FAA Modernization and Reform Act of 2012 

15 (49 U.S.C. 44701 note). 

16 (d) PACKAGING IMPROVEMENTS.—Not later than 

17 180 days after the date of enactment of this Act, the Sec18 retary, in consultation with interested stakeholders, shall 

19 submit to the Committee on Transportation and Infra20 structure of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate an evaluation of current practices for the pack23 aging of lithium ion batteries and cells for air transpor24 tation, including recommendations, if any, to improve the 


khammond on DSK30JT082PROD with BILLS
215 

•HR 4 IH

1 packaging of such batteries and cells for air transportation 

2 in a safe, efficient, and cost-effective manner. 

3 (e) DEPARTMENT OF TRANSPORTATION POLICY ON

4 INTERNATIONAL REPRESENTATION.—It shall be the pol5 icy of the Department of Transportation to support the 

6 participation of industry in all panels and working groups 

7 of the Dangerous Goods Panel of the International Civil 

8 Aviation Organization and any other international test or 

9 standard setting organization that considers proposals on 

10 the safety or transportation of lithium ion and lithium 

11 metal batteries in which the United States participates. 

12 (f) HARMONIZATION WITH ICAO TECHNICAL IN13 STRUCTIONS.—Pursuant to section 828 of the FAA Mod14 ernization and Reform Act of 2012 (49 U.S.C. 44701 

15 note), not later than 30 days after the date of enactment 

16 of this Act, the Secretary shall conform United States reg17 ulations on the air transport of lithium cells and batteries 

18 with the lithium cells and batteries requirements in the 

19 2015–2016 edition of the ICAO Technical Instructions 

20 (including all addenda), including the revised standards 

21 adopted by the International Civil Aviation Organization 

22 that became effective on April 1, 2016. 

23 (g) DEFINITIONS.—In this section, the following defi24 nitions apply: 


khammond on DSK30JT082PROD with BILLS
216 

•HR 4 IH

1 (1) ICAO TECHNICAL INSTRUCTIONS.—The 

2 term ‘‘ICAO Technical Instructions’’ has the mean3 ing given that term in section 828(c) of the FAA 

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

5 44701 note). 

6 (2) U.S. HAZARDOUS MATERIALS REGULA7 TIONS.—The term ‘‘U.S. Hazardous Materials Regu8 lations’’ means the regulations in parts 100 through 

9 177 of title 49, Code of Federal Regulations (includ10 ing amendments adopted after the date of enactment 

11 of this Act). 

12 SEC. 510. REMOTE TOWER PILOT PROGRAM FOR RURAL 

13 AND SMALL COMMUNITIES. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of enactment of this Act, the Secretary of Transpor16 tation shall establish a pilot program under which, upon 

17 approval of an application submitted by an operator of a 

18 public-use airport, the Secretary shall install and operate 

19 at the airport a remote air traffic control tower in order 

20 to assess the operational benefits of remote air traffic con21 trol towers. 

22 (b) APPLICATIONS.—The operator of an airport seek23 ing to participate in the pilot program shall submit to the 

24 Secretary for approval an application that is in such form 


khammond on DSK30JT082PROD with BILLS
217 

•HR 4 IH

1 and contains such information as the Secretary may re2 quire. 

3 (c) SELECTION CRITERIA.— 

4 (1) SELECTION OF AIRPORTS.—From among 

5 the applications submitted under subsection (b), the 

6 Secretary, after consultation with representatives of 

7 labor organizations representing operators and em8 ployees of the air traffic control system, shall select 

9 for participation in the pilot program 7 airports as 

10 follows: 

11 (A) 1 nonhub, primary airport. 

12 (B) 3 nonprimary airports without existing 

13 air traffic control towers. 

14 (C) 2 airports with air traffic control tow15 ers participating in a program established 

16 under section 47124 of title 49, United States 

17 Code. 

18 (D) 1 airport selected at the discretion of 

19 the Secretary. 

20 (2) PRIORITY SELECTION.—In selecting from 

21 among the applications submitted under subsection 

22 (b), the Secretary shall give priority to applicants 

23 that can best demonstrate the capabilities and po24 tential of remote air traffic control towers, including 


khammond on DSK30JT082PROD with BILLS
218 

•HR 4 IH

1 applicants proposing to operate multiple remote air 

2 traffic control towers from a single facility. 

3 (3) AUTHORITY TO REALLOCATE AIRPORT SE4 LECTION.—If the Secretary receives an insufficient 

5 number of applications, the Secretary may reallocate 

6 the distribution of airport sites described in para7 graph (1). 

8 (d) SAFETY RISK MANAGEMENT PANEL.— 

9 (1) SAFETY RISK MANAGEMENT PANEL MEET10 ING.—Prior to the operational use of a remote air 

11 traffic control tower, the Secretary shall convene a 

12 safety risk management panel for the tower to ad13 dress any safety issues with respect to the tower. 

14 (2) SAFETY RISK MANAGEMENT PANEL BEST

15 PRACTICES.—The safety risk management panels 

16 shall be created and utilized in a manner similar to 

17 that of safety risk management panels previously es18 tablished for remote air traffic control towers, taking 

19 into account— 

20 (A) best practices that have been devel21 oped; and 

22 (B) operational data from remote air traf23 fic control towers located in the United States. 


khammond on DSK30JT082PROD with BILLS
219 

•HR 4 IH

1 (e) AIRPORT IMPROVEMENT PROGRAM.—The pilot 

2 program shall be eligible for airport improvement funding 

3 under chapter 471 of title 49, United States Code. 

4 (f) POSSIBLE EXPANSION OF PROGRAM.—Not later 

5 than 30 days after the date that the first remote air traffic 

6 control tower is commissioned, the Administrator of the 

7 Federal Aviation Administration shall establish a repeat8 able process by which future certified remote air traffic 

9 control tower systems may be commissioned at additional 

10 airports. 

11 (g) DEFINITIONS.— 

12 (1) IN GENERAL.—In this section, the following 

13 definitions apply: 

14 (A) AIR NAVIGATION FACILITY.—The term 

15 ‘‘air navigation facility’’ has the meaning given 

16 that term in section 40102(a) of title 49, 

17 United States Code. 

18 (B) REMOTE AIR TRAFFIC CONTROL

19 TOWER.—The term ‘‘remote air traffic control 

20 tower’’ means a remotely operated air naviga21 tion facility, including all necessary system com22 ponents, that provides the functions and capa23 bilities of an air traffic control tower. 

24 (2) APPLICABILITY OF OTHER DEFINITIONS.— 

25 The terms ‘‘nonhub airport’’, ‘‘primary airport’’, and 


khammond on DSK30JT082PROD with BILLS
220 

•HR 4 IH

1 ‘‘public-use airport’’ have the meanings given such 

2 terms in section 47102 of title 49, United States 

3 Code. 

4 (h) SUNSET.—The pilot program shall terminate on 

5 the date that is 3 years after the date of enactment of 

6 this Act. 

7 SEC. 511. ENSURING FAA READINESS TO PROVIDE SEAM8 LESS OCEANIC OPERATIONS. 

9 Not later than September 30, 2018, the Secretary of 

10 Transportation shall make a final investment decision for 

11 the implementation of a reduced oceanic separation capa12 bility that, by March 31, 2019, shall be operational and 

13 in use providing capabilities at least equivalent to that of14 fered in neighboring airspace, and such service shall be 

15 provided in the same manner as terrestrial surveillance is 

16 provided. 

17 SEC. 512. SENSE OF CONGRESS REGARDING WOMEN IN 

18 AVIATION. 

19 It is the sense of Congress that the aviation industry 

20 should explore all opportunities, including pilot training, 

21 science, technology, engineering, and mathematics edu22 cation, and mentorship programs, to encourage and sup23 port female students and aviators to pursue a career in 

24 aviation. 


khammond on DSK30JT082PROD with BILLS
221 

•HR 4 IH

1 SEC. 513. OBSTRUCTION EVALUATION AERONAUTICAL 

2 STUDIES. 

3 The Secretary of Transportation may implement the 

4 policy set forth in the notice of proposed policy titled ‘‘Pro5 posal to Consider the Impact of One Engine Inoperative 

6 Procedures in Obstruction Evaluation Aeronautical Stud7 ies’’ published by the Department of Transportation on 

8 April 28, 2014 (79 Fed. Reg. 23300), only if the policy 

9 is adopted pursuant to a notice and comment rulemaking 

10 and, for purposes of Executive Order 12866 (5 U.S.C. 601 

11 note; relating to regulatory planning and review), is treat12 ed as a significant regulatory action within the scope of 

13 section 3(f)(1) of such Order. 

14 SEC. 514. AIRCRAFT LEASING. 

15 Section 44112(b) of title 49, United States Code, is 

16 amended— 

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

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

19 SEC. 515. REPORT ON OBSOLETE TEST EQUIPMENT. 

20 (a) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the Administrator of the Federal 

22 Aviation Administration shall submit to the Committee on 

23 Transportation and Infrastructure of the House of Rep24 resentatives and the Committee on Commerce, Science, 

25 and Transportation of the Senate a report on the National 


khammond on DSK30JT082PROD with BILLS
222 

•HR 4 IH

1 Test Equipment Program of the Federal Aviation Admin2 istration (in this section referred to as the ‘‘Program’’). 

3 (b) CONTENTS.—The report shall include— 

4 (1) a list of all known outstanding requests for 

5 test equipment, cataloged by type and location, 

6 under the Program; 

7 (2) a description of the current method under 

8 the Program of ensuring calibrated equipment is in 

9 place for utilization; 

10 (3) a plan by the Administrator for appropriate 

11 inventory of such equipment; 

12 (4) the Administrator’s recommendations for 

13 increasing multifunctionality in future test equip14 ment and all known and foreseeable manufacturer 

15 technological advances; and 

16 (5) a plan to replace, as appropriate, obsolete 

17 test equipment throughout the service areas. 

18 SEC. 516. PILOTS SHARING FLIGHT EXPENSES WITH PAS19 SENGERS. 

20 (a) GUIDANCE.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the date of enactment of this Act, the Administrator 

23 of the Federal Aviation Administration shall make 

24 publicly available, in a clear and concise format, ad25 visory guidance that describes how a pilot may share 


khammond on DSK30JT082PROD with BILLS
223 

•HR 4 IH

1 flight expenses with passengers in a manner con2 sistent with Federal law, including regulations. 

3 (2) EXAMPLES INCLUDED.—The guidance shall 

4 include examples of— 

5 (A) flights for which pilots and passengers 

6 may share expenses; 

7 (B) flights for which pilots and passengers 

8 may not share expenses; 

9 (C) the methods of communication that pi10 lots and passengers may use to arrange flights 

11 for which expenses are shared; and 

12 (D) the methods of communication that pi13 lots and passengers may not use to arrange 

14 flights for which expenses are shared. 

15 (b) REPORT.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date on which guidance is made publicly 

18 available under subsection (a), the Comptroller Gen19 eral of the United States shall submit to the Com20 mittee on Transportation and Infrastructure of the 

21 House of Representatives and the Committee on 

22 Commerce, Science, and Transportation of the Sen23 ate a report analyzing Federal policy with respect to 

24 pilots sharing flight expenses with passengers. 


khammond on DSK30JT082PROD with BILLS
224 

•HR 4 IH

1 (2) EVALUATIONS INCLUDED.—The report sub2 mitted under paragraph (1) shall include an evalua3 tion of— 

4 (A) the rationale for such Federal policy; 

5 (B) safety and other concerns related to 

6 pilots sharing flight expenses with passengers; 

7 and 

8 (C) benefits related to pilots sharing flight 

9 expenses with passengers. 

10 SEC. 517. AVIATION RULEMAKING COMMITTEE FOR PART 

11 135 PILOT REST AND DUTY RULES. 

12 (a) IN GENERAL.—Not later than 180 days after the 

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

14 Federal Aviation Administration shall convene an aviation 

15 rulemaking committee to review, and develop findings and 

16 recommendations regarding, pilot rest and duty rules 

17 under part 135 of title 14, Code of Federal Regulations. 

18 (b) DUTIES.—The Administrator shall— 

19 (1) not later than 2 years after the date of en20 actment of this Act, submit to the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives and the Committee on Commerce, 

23 Science, and Transportation of the Senate a report 

24 based on the findings of the aviation rulemaking 

25 committee; and 


khammond on DSK30JT082PROD with BILLS
225 

•HR 4 IH

1 (2) not later than 1 year after the date of sub2 mission of the report under paragraph (1), issue a 

3 notice of proposed rulemaking based on any con4 sensus recommendations reached by the aviation 

5 rulemaking committee. 

6 (c) COMPOSITION.—The aviation rulemaking com7 mittee shall consist of members appointed by the Adminis8 trator, including— 

9 (1) representatives of industry; 

10 (2) representatives of aviation labor organiza11 tions, including collective bargaining units rep12 resenting pilots who are covered by part 135 of title 

13 14, Code of Federal Regulations, and subpart K of 

14 part 91 of such title; and 

15 (3) aviation safety experts with specific knowl16 edge of flight crewmember education and training 

17 requirements under part 135 of such title. 

18 (d) CONSIDERATIONS.—The Administrator shall di19 rect the aviation rulemaking committee to consider— 

20 (1) recommendations of prior part 135 rule21 making committees; 

22 (2) accommodations necessary for small busi23 nesses; 

24 (3) scientific data derived from aviation-related 

25 fatigue and sleep research; 


khammond on DSK30JT082PROD with BILLS
226 

•HR 4 IH

1 (4) data gathered from aviation safety reporting 

2 programs; 

3 (5) the need to accommodate the diversity of 

4 operations conducted under part 135; and 

5 (6) other items, as appropriate. 

6 SEC. 518. METROPOLITAN WASHINGTON AIRPORTS AU7 THORITY. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the Metropolitan Washington Airports Au10 thority (in this section referred to as ‘‘MWAA’’), 

11 which operates Ronald Reagan Washington National 

12 Airport and Dulles International Airport by lease 

13 with the Department of Transportation, has rou14 tinely performed poorly on audits conducted by the 

15 Inspector General of the Department of Transpor16 tation; 

17 (2) the responsible stewardship of taxpayer18 owned assets by MWAA is of great concern to Con19 gress; 

20 (3) a March 20, 2015, audit conducted by the 

21 Inspector General titled ‘‘MWAA’s Office of Audit 

22 Does Not Have an Adequate Quality Assurance and 

23 Improvement Program’’ (Report No. ZA–2015–035) 

24 found that MWAA’s quality assurance and improveVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
227 

•HR 4 IH

1 ment program did not conform with the standards 

2 of the Institute of Internal Auditors; and 

3 (4) the Inspector General’s audit made 7 rec4 ommendations to strengthen MWAA governance, its 

5 Office of Audit, and its quality assurance and im6 provement program. 

7 (b) IMPLEMENTING AUDIT RECOMMENDATIONS.— 

8 (1) STUDY.—The Inspector General of the De9 partment of Transportation shall conduct a study on 

10 MWAA’s progress in implementing the recommenda11 tions of the audit referred to in subsection (a). 

12 (2) REPORT.—The Inspector General shall sub13 mit to the Committee on Transportation and Infra14 structure of the House of Representatives and the 

15 Committee on Commerce, Science, and Transpor16 tation of the Senate a report on the study, including 

17 the Inspector General’s findings, conclusions, and 

18 recommendations for strengthening and improving 

19 MWAA’s Office of Audit. 

20 SEC. 519. TERMINAL AERODROME FORECAST. 

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

22 Aviation Administration shall permit a covered air carrier 

23 to operate to or from a location in a noncontiguous State 

24 without a Terminal Aerodrome Forecast or Meteorological 

25 Aerodrome Report if— 


khammond on DSK30JT082PROD with BILLS
228 

•HR 4 IH

1 (1) such location is determined to be under vis2 ual meteorological conditions; 

3 (2) a current Area Forecast, supplemented by 

4 other local weather observations or reports, is avail5 able; and 

6 (3) an alternate airport that has an available 

7 Terminal Aerodrome Forecast and weather report is 

8 specified. 

9 (b) PROCEDURES.—A covered air carrier shall— 

10 (1) have approved procedures for dispatch or 

11 release and enroute weather evaluation; and 

12 (2) operate under instrument flight rules 

13 enroute to the destination. 

14 (c) COVERED AIR CARRIER DEFINED.—In this sec15 tion, the term ‘‘covered air carrier’’ means an air carrier 

16 operating in a noncontiguous State under part 121 of title 

17 14, Code of Federal Regulations. 

18 SEC. 520. FEDERAL AVIATION ADMINISTRATION EMPLOY19 EES STATIONED ON GUAM. 

20 It is the sense of Congress that— 

21 (1) the Administrator of the Federal Aviation 

22 Administration and the Secretary of Defense should 

23 seek an agreement that would enable Federal Avia24 tion Administration employees stationed on Guam to 


khammond on DSK30JT082PROD with BILLS
229 

•HR 4 IH

1 have access to Department of Defense hospitals, 

2 commissaries, and exchanges on Guam; 

3 (2) access to these facilities is important to en4 sure the health and well-being of Federal Aviation 

5 Administration employees and their families; and 

6 (3) in exchange for this access, the Federal 

7 Aviation Administration should make payments to 

8 cover the applicable administrative costs incurred by 

9 the Department of Defense in carrying out the 

10 agreement. 

11 SEC. 521. TECHNICAL CORRECTIONS. 

12 (a) AIRPORT CAPACITY ENHANCEMENT PROJECTS

13 AT CONGESTED AIRPORTS.—Section 40104(c) of title 49, 

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

15 47176’’ and inserting ‘‘section 47175’’. 

16 (b) PASSENGER FACILITY CHARGES.—Section 

17 40117(a)(5) of title 49, United States Code, is amended 

18 by striking ‘‘charge or charge’’ and inserting ‘‘charge’’. 

19 (c) OVERFLIGHTS OF NATIONAL PARKS.—Section 

20 40128(a)(3) of title 49, United States Code, is amended 

21 by striking ‘‘under part 91 of the title 14,’’ and inserting 

22 ‘‘under part 91 of title 14,’’. 

23 (d) PLANS TO ADDRESS NEEDS OF FAMILIES OF

24 PASSENGERS INVOLVED IN FOREIGN AIR CARRIER ACCI25 DENTS.—Section 41313(c)(16) of title 49, United States 


khammond on DSK30JT082PROD with BILLS
230 

•HR 4 IH

1 Code, is amended by striking ‘‘An assurance that the for2 eign air carrier’’ and inserting ‘‘An assurance that’’. 

3 (e) OPERATIONS OF CARRIERS.—The analysis for 

4 chapter 417 of title 49, United States Code, is amended 

5 by striking the item relating to section 41718 and insert6 ing the following: 

‘‘41718. Special rules for Ronald Reagan Washington National Airport.’’. 

7 (f) SCHEDULES FOR CERTAIN TRANSPORTATION OF

8 MAIL.—Section 41902(a) of title 49, United States Code, 

9 is amended by striking ‘‘section 41906’’ and inserting 

10 ‘‘section 41905’’. 

11 (g) WEIGHING MAIL.—Section 41907 of title 49, 

12 United States Code, is amended by striking ‘‘and -adminis13 trative’’ and inserting ‘‘and administrative’’. 

14 (h) STRUCTURES INTERFERING WITH AIR COM15 MERCE OR NATIONAL SECURITY.—Section 44718(b)(1) of 

16 title 49, United States Code, is amended— 

17 (1) in the matter preceding subparagraph (A) 

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

19 and inserting ‘‘air or space navigation facilities and 

20 equipment’’; and 

21 (2) in subparagraph (A)— 

22 (A) in clause (v) by striking ‘‘and’’ at the 

23 end; 

24 (B) by redesignating clause (vi) as clause 

25 (vii); and 


khammond on DSK30JT082PROD with BILLS
231 

•HR 4 IH

1 (C) by inserting after clause (v) the fol2 lowing: 

3 ‘‘(vi) the impact on launch and re4 entry for launch and reentry vehicles arriv5 ing or departing from a launch site or re6 entry site licensed by the Secretary of 

7 Transportation; and’’. 

8 (i) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR

9 TRANSPORTATION.—Section 45302 of title 49, United 

10 States Code, is amended by striking ‘‘44703(f)(2)’’ each 

11 place it appears and inserting ‘‘44703(g)(2)’’. 

12 (j) CHAPTER 465.—The analysis for chapter 465 of 

13 title 49, United States Code, is amended by striking the 

14 following: 

‘‘46503. Repealed.’’. 

15 (k) SOLICITATION AND CONSIDERATION OF COM16 MENTS.—Section 47171(l) of title 49, United States Code, 

17 is amended by striking ‘‘4371’’ and inserting ‘‘4321’’. 

18 (l) ADJUSTMENTS TO COMPENSATION FOR SIGNIFI19 CANTLY INCREASED COSTS.—Section 426 of the FAA 

20 Modernization and Reform Act of 2012 is amended— 

21 (1) in subsection (a) (49 U.S.C. 41737 note) by 

22 striking ‘‘Secretary’’ and inserting ‘‘Secretary of 

23 Transportation’’; and 


khammond on DSK30JT082PROD with BILLS
232 

•HR 4 IH

1 (2) in subsection (c) (49 U.S.C. 41731 note) by 

2 striking ‘‘the Secretary may waive’’ and inserting 

3 ‘‘the Secretary of Transportation may waive’’. 

4 (m) AIRCRAFT DEPARTURE QUEUE MANAGEMENT

5 PILOT PROGRAM.—Section 507(a) of the FAA Moderniza6 tion and Reform Act of 2012 (49 U.S.C. 44505 note) is 

7 amended by striking ‘‘section 48101(a)’’ and inserting 

8 ‘‘section 48101(a) of title 49, United States Code,’’. 

9 SEC. 522. APPLICATION OF VETERANS’ PREFERENCE TO 

10 FEDERAL AVIATION ADMINISTRATION PER11 SONNEL MANAGEMENT SYSTEM. 

12 Section 40122(g)(2)(B) of title 49, United States 

13 Code, is amended— 

14 (1) by inserting ‘‘3304(f),’’ before ‘‘3308- 

15 3320’’; and 

16 (2) by inserting ‘‘3330a, 3330b, 3330c, and 

17 3330d,’’ before ‘‘relating’’. 

18 SEC. 523. PUBLIC AIRCRAFT ELIGIBLE FOR LOGGING 

19 FLIGHT TIMES. 

20 The Administrator of the Federal Aviation Adminis21 tration shall issue regulations modifying section 

22 61.51(j)(4) of title 14, Code of Federal Regulations, so 

23 as to include aircraft under the direct operational control 

24 of forestry and fire protection agencies as public aircraft 

25 eligible for logging flight times. 


khammond on DSK30JT082PROD with BILLS
233 

•HR 4 IH

1 SEC. 524. FEDERAL AVIATION ADMINISTRATION WORK2 FORCE REVIEW. 

3 (a) IN GENERAL.—Not later than 120 days after the 

4 date of enactment of this Act, the Comptroller General 

5 of the United States shall conduct a review to assess the 

6 workforce and training needs of the Federal Aviation Ad7 ministration (in this section referred to as the ‘‘FAA’’) 

8 in the anticipated budgetary environment. 

9 (b) CONTENTS.—In conducting the review, the 

10 Comptroller General shall— 

11 (1) identify the long-term workforce and train12 ing needs of the FAA workforce; 

13 (2) assess the impact of automation, digitaliza14 tion, and artificial intelligence on the FAA work15 force; 

16 (3) analyze the skills and qualifications required 

17 of the FAA workforce for successful performance in 

18 the current and future projected aviation environ19 ment; 

20 (4) review current performance incentive poli21 cies of the FAA, including awards for performance; 

22 (5) analyze ways in which the FAA can work 

23 with industry and labor, including labor groups rep24 resenting the FAA workforce, to establish knowl25 edge-sharing opportunities between the FAA and the 


khammond on DSK30JT082PROD with BILLS
234 

•HR 4 IH

1 aviation industry regarding new equipment and sys2 tems, best practices, and other areas of interest; and 

3 (6) develop recommendations on the most effec4 tive qualifications, training programs (including e5 learning training), and performance incentive ap6 proaches to address the needs of the future pro7 jected aviation regulatory system in the anticipated 

8 budgetary environment. 

9 (c) REPORT.—Not later than 270 days after the date 

10 of enactment of this Act, the Comptroller General shall 

11 submit to the Committee on Transportation and Infra12 structure of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the 

14 Senate a report on the results of the review. 

15 SEC. 525. STATE TAXATION. 

16 Section 40116(d)(2)(A) of title 49, United States 

17 Code, is amended by adding at the end the following: 

18 ‘‘(v) except as otherwise provided under section 

19 47133, levy or collect a tax, fee, or charge, first tak20 ing effect after the date of enactment of this clause, 

21 upon any business located at a commercial service 

22 airport or operating as a permittee of such an air23 port that is not generally imposed on sales or serv24 ices by that State, political subdivision, or authority 


khammond on DSK30JT082PROD with BILLS
235 

•HR 4 IH

1 unless wholly utilized for airport or aeronautical pur2 poses.’’. 

3 SEC. 526. AVIATION AND AEROSPACE WORKFORCE OF THE 

4 FUTURE. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) in 2016, United States air carriers carried 

7 a record high number of passengers on domestic 

8 flights, 719 million passengers; 

9 (2) the United States aerospace and defense in10 dustry employed 1.7 million workers in 2015, or 

11 roughly 2 percent of the Nation’s total employment 

12 base; 

13 (3) the average salary of an employee in the 

14 aerospace and defense industry is 44 percent above 

15 the national average; 

16 (4) in 2015, the aerospace and defense industry 

17 contributed nearly $202.4 billion in value added to 

18 the United States economy; 

19 (5) an effective aviation industry relies on indi20 viduals with unique skill sets, many of which can be 

21 directly obtained through career and technical edu22 cation opportunities; and 

23 (6) industry and the Federal Government have 

24 taken some actions to attract qualified individuals to 


khammond on DSK30JT082PROD with BILLS
236 

•HR 4 IH

1 careers in aviation and aerospace and to retain 

2 qualified individuals in such careers. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) public and private education institutions 

6 should make available to students and parents infor7 mation on approved programs of study and career 

8 pathways, including career exploration, work-based 

9 learning opportunities, dual and concurrent enroll10 ment opportunities, and guidance and advisement 

11 resources; 

12 (2) public and private education institutions 

13 should partner with aviation and aerospace compa14 nies to promote career paths available within the in15 dustry and share information on the unique benefits 

16 and opportunities the career paths offer; 

17 (3) aviation companies, including air carriers, 

18 manufacturers, commercial space companies, un19 manned aircraft system companies, and repair sta20 tions, should create opportunities, through appren21 ticeships or other mechanisms, to attract young peo22 ple to aviation and aerospace careers and to enable 

23 individuals to gain the critical skills needed to thrive 

24 in such professions; and 


khammond on DSK30JT082PROD with BILLS
237 

•HR 4 IH

1 (4) the Federal Government should consider the 

2 needs of men and women interested in pursuing ca3 reers in the aviation and aerospace industry, the 

4 long-term personnel needs of the aviation and aero5 space industry, and the role of aviation in the 

6 United States economy in the creation and adminis7 tration of educational and financial aid programs. 

8 SEC. 527. FUTURE AVIATION AND AEROSPACE WORKFORCE 

9 STUDY. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of enactment of this Act, the Comptroller General 

12 of the United States shall conduct a study— 

13 (1) to identify the factors influencing the supply 

14 of individuals pursuing a career in the aviation or 

15 aerospace industry; and 

16 (2) to identify best practices or programs to 

17 incentivize, recruit, and retain young people in avia18 tion and aerospace professions. 

19 (b) CONSULTATION.—The Comptroller General shall 

20 conduct the study in consultation with— 

21 (1) appropriate Federal agencies; and 

22 (2) the aviation and aerospace industry, institu23 tions of higher education, and labor stakeholders. 

24 (c) REPORT TO CONGRESS.—Not later than 1 year 

25 after the date of enactment of this Act, the Comptroller 


khammond on DSK30JT082PROD with BILLS
238 

•HR 4 IH

1 General shall submit to the Committee on Transportation 

2 and Infrastructure of the House of Representatives and 

3 the Committee on Commerce, Science, and Transportation 

4 of the Senate a report on the results of the study and 

5 related recommendations. 

6 SEC. 528. FAA LEADERSHIP ON CIVIL SUPERSONIC AIR7 CRAFT. 

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

9 Aviation Administration shall exercise leadership in the 

10 creation of Federal and international policies, regulations, 

11 and standards relating to the certification and safe and 

12 efficient operation of civil supersonic aircraft. 

13 (b) EXERCISE OF LEADERSHIP.—In carrying out 

14 subsection (a), the Administrator shall— 

15 (1) consider the needs of the aerospace industry 

16 and other stakeholders when creating policies, regu17 lations, and standards that enable the safe commer18 cial deployment of civil supersonic aircraft tech19 nology and the safe and efficient operation of civil 

20 supersonic aircraft; and 

21 (2) obtain the input of aerospace industry 

22 stakeholders regarding— 

23 (A) the appropriate regulatory framework 

24 and timeline for permitting the safe and effi25 cient operation of civil supersonic aircraft withVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
239 

•HR 4 IH

1 in United States airspace, including updating or 

2 modifying existing regulations on such oper3 ation; 

4 (B) issues related to standards and regula5 tions for the type certification and safe oper6 ation of civil supersonic aircraft, including noise 

7 certification, including— 

8 (i) the operational differences between 

9 subsonic aircraft and supersonic aircraft; 

10 (ii) costs and benefits associated with 

11 landing and takeoff noise requirements for 

12 civil supersonic aircraft, including impacts 

13 on aircraft emissions; 

14 (iii) public and economic benefits of 

15 the operation of civil supersonic aircraft 

16 and associated aerospace industry activity; 

17 and 

18 (iv) challenges relating to ensuring 

19 that standards and regulations aimed at 

20 relieving and protecting the public health 

21 and welfare from aircraft noise and sonic 

22 booms are economically reasonable, techno23 logically practicable, and appropriate for 

24 civil supersonic aircraft; and 


khammond on DSK30JT082PROD with BILLS
240 

•HR 4 IH

1 (C) other issues identified by the Adminis2 trator or the aerospace industry that must be 

3 addressed to enable the safe commercial deploy4 ment and safe and efficient operation of civil 

5 supersonic aircraft. 

6 (c) INTERNATIONAL LEADERSHIP.—The Adminis7 trator, in the appropriate international forums, shall take 

8 actions that— 

9 (1) demonstrate global leadership under sub10 section (a); 

11 (2) address the needs of the aerospace industry 

12 identified under subsection (b); and 

13 (3) protect the public health and welfare. 

14 (d) REPORT TO CONGRESS.—Not later than 1 year 

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

16 shall submit to the Committee on Transportation and In17 frastructure of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate a report detailing— 

20 (1) the Administrator’s actions to exercise lead21 ership in the creation of Federal and international 

22 policies, regulations, and standards relating to the 

23 certification and safe and efficient operation of civil 

24 supersonic aircraft; 


khammond on DSK30JT082PROD with BILLS
241 

•HR 4 IH

1 (2) planned, proposed, and anticipated actions 

2 to update or modify existing policies and regulations 

3 related to civil supersonic aircraft, including those 

4 identified as a result of industry consultation and 

5 feedback; and 

6 (3) a timeline for any actions to be taken to up7 date or modify existing policies and regulations re8 lated to civil supersonic aircraft. 

9 SEC. 529. OKLAHOMA REGISTRY OFFICE. 

10 The Administrator of the Federal Aviation Adminis11 tration shall consider the aircraft registry office in Okla12 homa City, Oklahoma, as excepted during a Government 

13 shutdown or emergency (as it provides excepted services) 

14 to ensure that it remains open during any Government 

15 shutdown or emergency. 

16 SEC. 530. FOREIGN AIR TRANSPORTATION UNDER UNITED 

17 STATES-EUROPEAN UNION AIR TRANSPORT 

18 AGREEMENT. 

19 (a) CERTAIN FOREIGN AIR TRANSPORTATION PER20 MITS.—The Secretary of Transportation may not issue a 

21 permit under section 41302 of title 49, United States 

22 Code, or an exemption under section 40109 of such title, 

23 authorizing a person to provide foreign air transportation 

24 as a foreign air carrier under the United States-European 

25 Union Air Transport Agreement of April 2007 (as amendVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
242 

•HR 4 IH

1 ed) in a proceeding in which the applicability of Article 

2 17 bis of such Agreement has been raised by an interested 

3 person, unless the Secretary— 

4 (1) finds that issuing the permit or exemption 

5 would be consistent with the intent set forth in Arti6 cle 17 bis of the Agreement, that opportunities cre7 ated by the Agreement do not undermine labor 

8 standards or the labor-related rights and principles 

9 contained in the laws of the respective parties to the 

10 Agreement; and 

11 (2) imposes on the permit or exemption such 

12 conditions as may be necessary to ensure that the 

13 person complies with the intent of Article 17 bis. 

14 (b) PUBLIC INTEREST TEST.—Section 41302(2) of 

15 title 49, United States Code, is amended— 

16 (1) in subparagraph (A) by striking ‘‘under an 

17 agreement with the United States Government; or’’ 

18 and inserting ‘‘; and’’; and 

19 (2) in subparagraph (B) by striking ‘‘the for20 eign air transportation’’ and inserting ‘‘after consid21 ering the totality of the circumstances, including the 

22 factors set forth in section 40101(a), the foreign air 

23 transportation’’. 

24 (c) PUBLIC INTEREST REQUIREMENTS.— 


khammond on DSK30JT082PROD with BILLS
243 

•HR 4 IH

1 (1) POLICY.—Section 40101(a) of title 49, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(17) preventing entry into United States mar5 kets by flag of convenience carriers.’’. 

6 (2) INTERNATIONAL AIR TRANSPORTATION.— 

7 Section 40101(e)(9) of title 49, United States Code, 

8 is amended— 

9 (A) in subparagraph (D) by striking ‘‘and’’ 

10 at the end; 

11 (B) in subparagraph (E) by striking the 

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

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

14 ‘‘(F) erosion of labor standards associated 

15 with flag of convenience carriers.’’. 

16 (3) FLAG OF CONVENIENCE CARRIER DE17 FINED.—Section 40102(a) of title 49, United States 

18 Code, as amended by this Act, is further amended 

19 by adding at the end the following: 

20 ‘‘(48) ‘flag of convenience carrier’ means a for21 eign air carrier that is established in a country other 

22 than the home country of its majority owner or own23 ers in order to avoid regulations of the home coun24 try.’’. 


khammond on DSK30JT082PROD with BILLS
244 

•HR 4 IH

1 SEC. 531. TRAINING ON HUMAN TRAFFICKING FOR CER2 TAIN STAFF. 

3 (a) IN GENERAL.—Chapter 447 of title 49, United 

4 States Code, as amended by this Act, is further amended 

5 by adding at the end the following: 

6 ‘‘§ 44737. Training on human trafficking for certain 

7 staff 

8 ‘‘In addition to other training requirements, each air 

9 carrier shall provide training— 

10 ‘‘(1) to ticket counter agents, gate agents, and 

11 other air carrier workers whose jobs require regular 

12 interaction with passengers; and 

13 ‘‘(2) on recognizing and responding to potential 

14 human trafficking victims.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 447 of title 49, United States Code, as amended by 

17 this Act, is further amended by adding at the end the fol18 lowing: 

‘‘44737. Training on human trafficking for certain staff.’’. 

19 SEC. 532. PART 107 IMPLEMENTATION IMPROVEMENTS. 

20 (a) IN GENERAL.—Not later than 30 days after the 

21 date of enactment of this section, the Administrator of the 

22 Federal Aviation Administration shall publish a direct 

23 final rule— 


khammond on DSK30JT082PROD with BILLS
245 

•HR 4 IH

1 (1) revising section 107.205 of title 14, Code of 

2 Federal Regulations, by striking the second sentence 

3 of subsections (a) and (c); and 

4 (2) revising section 107.25 of such title by 

5 striking ‘‘and is not transporting another person’s 

6 property for compensation or hire’’. 

7 (b) DETERMINATION OF WAIVER.—In determining 

8 whether to grant a waiver under part 107 of title 14, Code 

9 of Federal Regulations, to authorize transportation of an10 other’s property for compensation or hire beyond the vis11 ual line of sight of the remote pilot, from a moving vehicle, 

12 or over people, the Administrator shall consider the tech13 nological capabilities of the unmanned aircraft system, the 

14 qualifications of the remote pilot, and the operational envi15 ronment. 

16 SEC. 533. PART 107 TRANSPARENCY AND TECHNOLOGY IM17 PROVEMENTS. 

18 (a) TRANSPARENCY.—Not later than 30 days after 

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

20 the Federal Aviation Administration shall publish on the 

21 Federal Aviation Administration website a representative 

22 sample of the safety justifications, offered by applicants 

23 for small unmanned aircraft system waivers and airspace 

24 authorizations, that have been approved by the Adminis25 tration for each regulation waived or class of airspace auVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
246 

•HR 4 IH

1 thorized, except that any published justification shall not 

2 reveal proprietary or commercially sensitive information. 

3 (b) TECHNOLOGY IMPROVEMENTS.—Not later than 

4 90 days after the date of enactment of this Act, the Ad5 ministrator shall revise the online waiver and certificates 

6 of authorization processes— 

7 (1) to provide real time confirmation that an 

8 application filed online has been received by the Ad9 ministration; and 

10 (2) to provide an applicant with an opportunity 

11 to review the status of the applicant’s application. 

12 SEC. 534. PROHIBITIONS AGAINST SMOKING ON PAS13 SENGER FLIGHTS. 

14 Section 41706 of title 49, United States Code, is 

15 amended— 

16 (1) by redesignating subsection (d) as sub17 section (e); and 

18 (2) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) ELECTRONIC CIGARETTES.— 

21 ‘‘(1) INCLUSION.—The use of an electronic cig22 arette shall be treated as smoking for purposes of 

23 this section. 

24 ‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In 

25 this section, the term ‘electronic cigarette’ means a 


khammond on DSK30JT082PROD with BILLS
247 

•HR 4 IH

1 device that delivers nicotine to a user of the device 

2 in the form of a vapor that is inhaled to simulate 

3 the experience of smoking.’’. 

4 SEC. 535. CONSUMER PROTECTION REQUIREMENTS RELAT5 ING TO LARGE TICKET AGENTS. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of enactment of this Act, the Secretary of Transpor8 tation shall issue a final rule to require large ticket agents 

9 to adopt minimum customer service standards. 

10 (b) PURPOSE.—The purpose of the final rule shall be 

11 to ensure that, to the maximum extent practicable, there 

12 is a consistent level of consumer protection regardless of 

13 where consumers purchase air fares and related air trans14 portation services. 

15 (c) STANDARDS.—In issuing the final rule, the Sec16 retary shall consider, at a minimum, establishing stand17 ards for— 

18 (1) providing prompt refunds when ticket re19 funds are due, including fees for optional services 

20 that consumers purchased but were not able to use 

21 due to a flight cancellation or oversale situation; 

22 (2) providing an option to hold a reservation at 

23 the quoted fare without payment, or to cancel with24 out penalty, for 24 hours; 


khammond on DSK30JT082PROD with BILLS
248 

•HR 4 IH

1 (3) disclosing cancellation policies, seating con2 figurations, and lavatory availability with respect to 

3 flights; 

4 (4) notifying customers in a timely manner of 

5 itinerary changes; and 

6 (5) responding promptly to customer com7 plaints. 

8 (d) DEFINITIONS.—In this section, the following shall 

9 apply: 

10 (1) TICKET AGENT.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), the term ‘‘ticket agent’’ has the 

13 meaning given that term in section 40102(a) of 

14 title 49, United States Code. 

15 (B) INCLUSION.—The term ‘‘ticket agent’’ 

16 includes a person who acts as an intermediary 

17 involved in the sale of air transportation di18 rectly or indirectly to consumers, including by 

19 operating an electronic airline information sys20 tem, if the person— 

21 (i) holds the person out as a source of 

22 information about, or reservations for, the 

23 air transportation industry; and 

24 (ii) receives compensation in any way 

25 related to the sale of air transportation. 


khammond on DSK30JT082PROD with BILLS
249 

•HR 4 IH

1 (2) LARGE TICKET AGENT.—The term ‘‘large 

2 ticket agent’’ means a ticket agent with annual reve3 nues of $100,000,000 or more. 

4 SEC. 536. FAA DATA TRANSPARENCY. 

5 Section 45303 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(g) DATA TRANSPARENCY.— 

8 ‘‘(1) AIR TRAFFIC SERVICES INITIAL DATA RE9 PORT.— 

10 ‘‘(A) INITIAL REPORT.—Not later than 6 

11 months after the date of enactment of the FAA 

12 Reauthorization Act of 2018, the Administrator 

13 and the Chief Operating Officer of the Air 

14 Traffic Organization shall, based upon the most 

15 recently available full fiscal year data, complete 

16 the following calculations for each segment of 

17 air traffic services users: 

18 ‘‘(i) The total costs allocable to the 

19 use of air traffic services for that segment 

20 during such fiscal year. 

21 ‘‘(ii) The total revenues received from 

22 that segment during such fiscal year. 

23 ‘‘(B) VALIDATION OF MODEL.— 

24 ‘‘(i) REVIEW AND DETERMINATION.— 

25 Not later than 3 months after completion 


khammond on DSK30JT082PROD with BILLS
250 

•HR 4 IH

1 of the initial report required under sub2 paragraph (A), the Inspector General of 

3 the Department of Transportation shall re4 view and determine the validity of the 

5 model used by the Administrator and the 

6 Chief Operating Officer to complete the 

7 calculations required under subparagraph 

8 (A). 

9 ‘‘(ii) VALIDATION PROCESS.—In the 

10 event that the Inspector General deter11 mines that the model used by the Adminis12 trator and the Chief Operating Officer to 

13 complete the calculations required by sub14 paragraph (A) is not valid— 

15 ‘‘(I) the Inspector General shall 

16 provide the Administrator and Chief 

17 Operating Officer recommendations 

18 on how to revise the model; 

19 ‘‘(II) the Administrator and the 

20 Chief Operating Officer shall complete 

21 the calculations required by subpara22 graph (A) utilizing the revised model 

23 and resubmit the revised initial report 

24 required under subparagraph (A) to 

25 the Inspector General; and 


khammond on DSK30JT082PROD with BILLS
251 

•HR 4 IH

1 ‘‘(III) not later than 3 months 

2 after completion of the revised initial 

3 report required under subparagraph 

4 (A), the Inspector General shall re5 view and determine the validity of the 

6 revised model used by the Adminis7 trator and the Chief Operating Officer 

8 to complete the calculations required 

9 by subparagraph (A). 

10 ‘‘(iii) ACCESS TO DATA.—The Admin11 istrator and the Chief Operating Officer 

12 shall provide the Inspector General of the 

13 Department of Transportation with unfet14 tered access to all data produced by the 

15 cost accounting system operated and main16 tained pursuant to subsection (e). 

17 ‘‘(C) REPORT TO CONGRESS.—Not later 

18 than 60 days after completion of the review and 

19 receiving a determination that the model used is 

20 valid under subparagraph (B), the Adminis21 trator and the Chief Operating Officer shall 

22 submit to the Committee on Transportation and 

23 Infrastructure, the Committee on Appropria24 tions, and the Committee on Ways and Means 

25 of the House of Representatives, and the ComVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
252 

•HR 4 IH

1 mittee on Commerce, Science, and Transpor2 tation, the Committee on Appropriations, and 

3 the Committee on Finance of the Senate a re4 port describing the results of the calculations 

5 completed under subparagraph (A). 

6 ‘‘(D) PUBLICATION.—Not later than 60 

7 days after submission of the report required 

8 under subparagraph (C), the Administrator and 

9 Chief Operating Officer shall publish the initial 

10 report, including any revision thereto if required 

11 as a result of the validation process for the 

12 model. 

13 ‘‘(2) AIR TRAFFIC SERVICES BIENNIAL DATA

14 REPORTING.— 

15 ‘‘(A) BIENNIAL DATA REPORTING.—Not 

16 later than March 31, 2019, and biennially 

17 thereafter for 8 years, the Administrator and 

18 the Chief Operating Officer shall, using the 

19 validated model, complete the following calcula20 tions for each segment of air traffic services 

21 users for the most recent full fiscal year: 

22 ‘‘(i) The total costs allocable to the 

23 use of the air traffic services for that seg24 ment. 


khammond on DSK30JT082PROD with BILLS
253 

•HR 4 IH

1 ‘‘(ii) The total revenues received from 

2 that segment. 

3 ‘‘(B) REPORT TO CONGRESS.—Not later 

4 than 15 days after completing the calculations 

5 under subparagraph (A), the Administrator and 

6 the Chief Operating Officer shall complete and 

7 submit to the Committee on Transportation and 

8 Infrastructure, the Committee on Appropria9 tions, and the Committee on Ways and Means 

10 of the House of Representatives, and the Com11 mittee on Commerce, Science, and Transpor12 tation, the Committee on Appropriations, and 

13 the Committee on Finance of the Senate a re14 port containing the results of such calculations. 

15 ‘‘(C) PUBLICATION.—Not later than 60 

16 days after completing the calculations pursuant 

17 to subparagraph (A), the Administrator and the 

18 Chief Operating Officer shall publish the results 

19 of such calculations. 

20 ‘‘(3) SEGMENTS OF AIR TRAFFIC SERVICES

21 USERS.— 

22 ‘‘(A) IN GENERAL.—For purposes of this 

23 subsection, each of the following shall constitute 

24 a separate segment of air traffic services users: 


khammond on DSK30JT082PROD with BILLS
254 

•HR 4 IH

1 ‘‘(i) Passenger air carriers conducting 

2 operations under part 121 of title 14, Code 

3 of Federal Regulations. 

4 ‘‘(ii) All-cargo air carriers conducting 

5 operations under part 121 of such title. 

6 ‘‘(iii) Operators covered by part 125 

7 of such title. 

8 ‘‘(iv) Air carriers and operators of pis9 ton-engine aircraft operating under part 

10 135 of such title. 

11 ‘‘(v) Air carriers and operators of tur12 bine-engine aircraft operating under part 

13 135 of such title. 

14 ‘‘(vi) Foreign air carriers providing 

15 passenger air transportation. 

16 ‘‘(vii) Foreign air carriers providing 

17 all-cargo air transportation. 

18 ‘‘(viii) Operators of turbine-engine air19 craft operating under part 91 of such title, 

20 excluding those operating under subpart 

21 (K) of such part. 

22 ‘‘(ix) Operators of piston-engine air23 craft operating under part 91 of such title, 

24 excluding those operating under subpart 

25 (K) of such part. 


khammond on DSK30JT082PROD with BILLS
255 

•HR 4 IH

1 ‘‘(x) Operators covered by subpart (K) 

2 of part 91 of such title. 

3 ‘‘(xi) Operators covered by part 133 

4 of such title. 

5 ‘‘(xii) Operators covered by part 136 

6 of such title. 

7 ‘‘(xiii) Operators covered by part 137 

8 of such title. 

9 ‘‘(xiv) Operators of public aircraft 

10 that qualify under section 40125. 

11 ‘‘(xv) Operators of aircraft that nei12 ther take off from, nor land in, the United 

13 States. 

14 ‘‘(B) ADDITIONAL SEGMENTS.—The Sec15 retary may identify and include additional seg16 ments of air traffic users under paragraph (A) 

17 as revenue and air traffic services cost data be18 comes available for that additional segment of 

19 air traffic services users. 

20 ‘‘(4) DEFINITIONS.—For purposes of this sub21 section: 

22 ‘‘(A) AIR TRAFFIC SERVICES.—The term 

23 ‘air traffic services’ means services— 

24 ‘‘(i) used for the monitoring, direct25 ing, control, and guidance of aircraft or 


khammond on DSK30JT082PROD with BILLS
256 

•HR 4 IH

1 flows of aircraft and for the safe conduct 

2 of flight, including communications, navi3 gation, and surveillance services and provi4 sion of aeronautical information; and 

5 ‘‘(ii) provided directly, or contracted 

6 for, by the Federal Aviation Administra7 tion. 

8 ‘‘(B) AIR TRAFFIC SERVICES USER.—The 

9 term ‘air traffic services user’ means any indi10 vidual or entity using air traffic services pro11 vided directly, or contracted for, by the Federal 

12 Aviation Administration within United States 

13 airspace or international airspace delegated to 

14 the United States.’’. 

15 SEC. 537. AGENCY PROCUREMENT REPORTING REQUIRE16 MENTS. 

17 Section 40110(d) of title 49, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(5) ANNUAL REPORT ON THE PURCHASE OF

20 FOREIGN MANUFACTURED ARTICLES.— 

21 ‘‘(A) REPORT.—Not later than 90 days 

22 after the end of the fiscal year, the Secretary 

23 of Transportation shall submit a report to Con24 gress on the dollar amount of the acquisitions 

25 made by the agency from entities that manufacVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
257 

•HR 4 IH

1 ture the articles, materials, or supplies outside 

2 of the United States in such fiscal year. 

3 ‘‘(B) CONTENTS.—The report required by 

4 subparagraph (A) shall separately indicate— 

5 ‘‘(i) the dollar value of any articles, 

6 materials, or supplies purchased that were 

7 manufactured outside of the United States; 

8 and 

9 ‘‘(ii) a summary of the total procure10 ment funds spent on goods manufactured 

11 in the United States versus funds spent on 

12 goods manufactured outside of the United 

13 States. 

14 ‘‘(C) AVAILABILITY OF REPORT.—The Sec15 retary shall make the report under subpara16 graph (A) publicly available on the agency’s 

17 website not later than 30 days after submission 

18 to Congress.’’. 

19 SEC. 538. ZERO-EMISSION VEHICLES AND TECHNOLOGY. 

20 (a) PASSENGER FACILITY CHARGE ELIGIBILITY.— 

21 Section 40117(a)(3) of title 49, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(H) A project for— 

24 ‘‘(i) converting or retrofitting vehicles 

25 and ground support equipment into eligible 


khammond on DSK30JT082PROD with BILLS
258 

•HR 4 IH

1 zero-emission vehicles and equipment (as 

2 defined in section 47102); or 

3 ‘‘(ii) acquiring, by purchase or lease, 

4 eligible zero-emission vehicles and equip5 ment (as defined in section 47102).’’. 

6 (b) AIRPORT IMPROVEMENT PROGRAM ELIGI7 BILITY.— 

8 (1) AIRPORT DEVELOPMENT DEFINED.—Sec9 tion 47102(3) of title 49, United States Code, as 

10 amended by this Act, is further amended by adding 

11 at the end the following: 

12 ‘‘(P) converting or retrofitting vehicles and 

13 ground support equipment into eligible zero14 emission vehicles and equipment or acquiring, 

15 by purchase or lease, eligible zero-emission vehi16 cles and equipment. 

17 ‘‘(Q) constructing or modifying airport fa18 cilities to install a microgrid in order to provide 

19 increased resilience to severe weather, ter20 rorism, and other causes of grid failures.’’. 

21 (2) ADDITIONAL DEFINITIONS.—Section 47102 

22 of title 49, United States Code, as amended by this 

23 Act, is further amended by adding at the end the 

24 following: 


khammond on DSK30JT082PROD with BILLS
259 

•HR 4 IH

1 ‘‘(30) ‘eligible zero-emission vehicle and equip2 ment’ means a zero-emission vehicle, equipment re3 lated to such a vehicle, and ground support equip4 ment that includes zero-emission technology that 

5 is— 

6 ‘‘(A) used exclusively at a commercial serv7 ice airport; or 

8 ‘‘(B) used exclusively to transport people 

9 or materials to and from a commercial service 

10 airport. 

11 ‘‘(31) ‘microgrid’ means a localized grouping of 

12 electricity sources and loads that normally operates 

13 connected to and synchronous with the traditional 

14 centralized electrical grid, but can disconnect and 

15 function autonomously as physical or economic con16 ditions dictate. 

17 ‘‘(32) ‘zero-emission vehicle’ means a zero-emis18 sion vehicle as defined in section 88.102–94 of title 

19 40, Code of Federal Regulations, or a vehicle that 

20 produces zero exhaust emissions of any criteria pol21 lutant (or precursor pollutant) under any possible 

22 operational modes and conditions.’’. 

23 (3) SPECIAL APPORTIONMENT CATEGORIES.— 

24 Section 47117(e)(1)(A) of title 49, United States 

25 Code, is amended by inserting ‘‘for airport developVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
260 

•HR 4 IH

1 ment described in section 47102(3)(P),’’ after 

2 ‘‘under section 47141,’’. 

3 (c) ZERO-EMISSION PROGRAM.—Chapter 471 of title 

4 49, United States Code, is amended— 

5 (1) by striking section 47136; 

6 (2) by redesignating section 47136a as section 

7 47136; and 

8 (3) in section 47136, as so redesignated, by 

9 striking subsections (a) and (b) and inserting the 

10 following: 

11 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

12 may establish a pilot program under which the sponsors 

13 of not less than 10 public-use airports may use funds 

14 made available under this chapter or section 48103 for 

15 use at such airports to carry out— 

16 ‘‘(1) activities associated with the acquisition, 

17 by purchase or lease, and operation of zero-emission 

18 vehicles, including removable power sources for such 

19 vehicles; and 

20 ‘‘(2) the construction or modification of infra21 structure to facilitate the delivery of fuel and serv22 ices necessary for the use of such vehicles. 

23 ‘‘(b) ELIGIBILITY.—A public-use airport is eligible 

24 for participation in the program if the vehicles or ground 

25 support equipment are— 


khammond on DSK30JT082PROD with BILLS
261 

•HR 4 IH

1 ‘‘(1) used exclusively at the airport; or 

2 ‘‘(2) used exclusively to transport people or ma3 terials to and from the airport.’’; 

4 (4) in section 47136, as so redesignated, by 

5 striking subsections (d) and (e) and inserting the 

6 following: 

7 ‘‘(d) FEDERAL SHARE.—The Federal share of the 

8 cost of a project carried out under the program shall be 

9 the Federal share specified in section 47109. 

10 ‘‘(e) TECHNICAL ASSISTANCE.— 

11 ‘‘(1) IN GENERAL.—The sponsor of a public-use 

12 airport may use not more than 10 percent of the 

13 amounts made available to the sponsor under the 

14 program in any fiscal year for— 

15 ‘‘(A) technical assistance; and 

16 ‘‘(B) project management support to assist 

17 the airport with the solicitation, acquisition, 

18 and deployment of zero-emission vehicles, re19 lated equipment, and supporting infrastructure. 

20 ‘‘(2) PROVIDERS OF TECHNICAL ASSISTANCE.— 

21 To receive the technical assistance or project man22 agement support described in paragraph (1), partici23 pants in the program may use— 

24 ‘‘(A) a nonprofit organization selected by 

25 the Secretary; or 


khammond on DSK30JT082PROD with BILLS
262 

•HR 4 IH

1 ‘‘(B) a university transportation center re2 ceiving grants under section 5505 in the region 

3 of the airport.’’; 

4 (5) in section 47136, as so redesignated, in sub5 section (f) by striking ‘‘section 47136’’ and inserting 

6 ‘‘the inherently low emission airport vehicle pilot 

7 program’’; and 

8 (6) in section 47136, as so redesignated, by 

9 adding at the end the following: 

10 ‘‘(g) ALLOWABLE PROJECT COST.—The allowable 

11 project cost for the acquisition of a zero-emission vehicle 

12 shall be the total cost of purchasing or leasing the vehicle, 

13 including the cost of technical assistance or project man14 agement support described in subsection (e). 

15 ‘‘(h) FLEXIBLE PROCUREMENT.—A sponsor of a 

16 public-use airport may use funds made available under the 

17 program to acquire, by purchase or lease, a zero-emission 

18 vehicle and a removable power source in separate trans19 actions, including transactions by which the airport pur20 chases the vehicle and leases the removable power source. 

21 ‘‘(i) TESTING REQUIRED.—A sponsor of a public-use 

22 airport may not use funds made available under the pro23 gram to acquire a zero-emission vehicle unless that make, 

24 model, or type of vehicle has been tested by a Federal vehi25 cle testing facility acceptable to the Secretary. 


khammond on DSK30JT082PROD with BILLS
263 

•HR 4 IH

1 ‘‘(j) REMOVABLE POWER SOURCE DEFINED.—In 

2 this section, the term ‘removable power source’ means a 

3 power source that is separately installed in, and removable 

4 from, a zero-emission vehicle and may include a battery, 

5 a fuel cell, an ultra-capacitor, or other advanced power 

6 source used in a zero-emission vehicle.’’. 

7 (d) CLERICAL AMENDMENT.—The analysis for chap8 ter 471 of title 49, United States Code, is amended by 

9 striking the items relating to sections 47136 and 47136a 

10 and inserting the following: 

‘‘47136. Zero-emission airport vehicles and infrastructure.’’. 

11 SEC. 539. EMPLOYEE ASSAULT PREVENTION AND RE12 SPONSE PLANS. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of enactment of this Act, each air carrier operating 

15 under part 121 of title 14, Code of Federal Regulations 

16 (in this section referred to as a ‘‘part 121 air carrier’’), 

17 shall submit to the Administrator of the Federal Aviation 

18 Administration for review and acceptance an Employee 

19 Assault Prevention and Response Plan related to the cus20 tomer service agents of the air carrier and that is devel21 oped in consultation with the labor union representing 

22 such agents. 

23 (b) CONTENTS OF PLAN.—An Employee Assault Pre24 vention and Response Plan submitted under subsection (a) 

25 shall include the following: 


khammond on DSK30JT082PROD with BILLS
264 

•HR 4 IH

1 (1) Reporting protocols for air carrier customer 

2 service agents who have been the victim of a verbal 

3 or physical assault. 

4 (2) Protocols for the immediate notification of 

5 law enforcement after an incident of verbal or phys6 ical assault committed against an air carrier cus7 tomer service agent. 

8 (3) Protocols for informing Federal law enforce9 ment with respect to violations of section 46503 of 

10 title 49, United States Code. 

11 (4) Protocols for ensuring that a passenger in12 volved in a violent incident with a customer service 

13 agent of an air carrier is not allowed to move 

14 through airport security or board an aircraft until 

15 appropriate law enforcement has had an opportunity 

16 to assess the incident and take appropriate action. 

17 (5) Protocols for air carriers to inform pas18 sengers of Federal laws protecting Federal, airport, 

19 and air carrier employees who have security duties 

20 within an airport. 

21 (c) EMPLOYEE TRAINING.—A part 121 air carrier 

22 shall conduct initial and recurrent training for all employ23 ees, including management, of the air carrier with respect 

24 to the plan required under subsection (a), which shall in25 clude training on de-escalating hostile situations, written 


khammond on DSK30JT082PROD with BILLS
265 

•HR 4 IH

1 protocols on dealing with hostile situations, and the re2 porting of relevant incidents. 

3 SEC. 540. STUDY ON TRAINING OF CUSTOMER-FACING AIR 

4 CARRIER EMPLOYEES. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Secretary of Transpor7 tation shall conduct a study on the training received by 

8 customer-facing employees of air carriers. 

9 (b) CONTENTS.—The study shall include— 

10 (1) an analysis of the training received by cus11 tomer-facing employees with respect to the manage12 ment of disputes on aircraft; and 

13 (2) an examination of how institutions of higher 

14 learning, in coordination with air carriers, customer15 facing employees and their representatives, consumer 

16 advocacy organizations, and other stakeholders, 

17 could— 

18 (A) review such training and related prac19 tices; 

20 (B) produce recommendations; and 

21 (C) if determined appropriate, provide sup22 plemental training. 

23 (c) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Secretary shall submit to 

25 the Committee on Transportation and Infrastructure of 


khammond on DSK30JT082PROD with BILLS
266 

•HR 4 IH

1 the House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate a report 

3 on the results of the study. 

4 SEC. 541. MINIMUM DIMENSIONS FOR PASSENGER SEATS. 

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

6 date of enactment of this Act, and after providing notice 

7 and an opportunity for comment, the Administrator of the 

8 Federal Aviation Administration shall issue regulations 

9 that establish minimum dimensions for passenger seats on 

10 aircraft operated by air carriers in interstate air transpor11 tation or intrastate air transportation, including mini12 mums for seat pitch, width, and length, and that are nec13 essary for the safety and health of passengers. 

14 (b) DEFINITIONS.—The definitions contained in sec15 tion 40102(a) of title 49, United States Code, apply to 

16 this section. 

17 SEC. 542. STUDY OF GROUND TRANSPORTATION OPTIONS. 

18 Not later than 1 year after the date of enactment 

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

20 shall conduct a study that examines the ground transpor21 tation options at the Nation’s 10 busiest airports in order 

22 to— 

23 (1) understand the impact of new and emerging 

24 transportation options for travelers to get into and 

25 out of airports; 


khammond on DSK30JT082PROD with BILLS
267 

•HR 4 IH

1 (2) determine whether it is appropriate to use 

2 airport improvement funds and revenues from pas3 senger facility charges to address traffic congestion 

4 and passenger travel times between urban commer5 cial centers and airports; and 

6 (3) review guidelines and requirements for air7 port improvement funds and passenger facility 

8 charges to determine under what conditions such 

9 funds may be used to address traffic congestion in 

10 urban commercial centers for travel to airports. 

11 TITLE VI—DISASTER RECOVERY 

12 REFORM ACT 

13 SEC. 601. APPLICABILITY. 

14 Except as otherwise expressly provided, the amend15 ments in this title to the Robert T. Stafford Disaster Re16 lief and Emergency Assistance Act (42 U.S.C. 5121 et 

17 seq.) apply to each major disaster and emergency declared 

18 by the President on or after August 1, 2017, under such 

19 Act. 

20 SEC. 602. STATE DEFINED. 

21 In this title, the term ‘‘State’’ has the meaning given 

22 that term in section 102(4) of the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 U.S.C. 

24 5122(4)). 


khammond on DSK30JT082PROD with BILLS
268 

•HR 4 IH

1 SEC. 603. WILDFIRE PREVENTION. 

2 (a) MITIGATION ASSISTANCE.—Section 420 of the 

3 Robert T. Stafford Disaster Relief and Emergency Assist4 ance Act (42 U.S.C. 5187) is amended— 

5 (1) by redesignating subsection (d) as sub6 section (e); and 

7 (2) by inserting after subsection (c) the fol8 lowing: 

9 ‘‘(d) HAZARD MITIGATION ASSISTANCE.—Whether 

10 or not a major disaster is declared, the President may pro11 vide hazard mitigation assistance in accordance with sec12 tion 404 in any area affected by a fire for which assistance 

13 was provided under this section.’’. 

14 (b) CONFORMING AMENDMENTS.—The Robert T. 

15 Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5121 et seq.) is amended— 

17 (1) in section 404(a) (42 U.S.C. 5170c(a)) (as 

18 amended by section 636(a) of this Act)— 

19 (A) by inserting before the first period ‘‘, 

20 or any area affected by a fire for which assist21 ance was provided under section 420’’; and 

22 (B) in the third sentence by inserting ‘‘or 

23 event under section 420’’ after ‘‘major disaster’’ 

24 each place it appears; and 


khammond on DSK30JT082PROD with BILLS
269 

•HR 4 IH

1 (2) in section 322(e)(1) (42 U.S.C. 5165(e)(1)), 

2 by inserting ‘‘or event under section 420’’ after 

3 ‘‘major disaster’’ each place it appears. 

4 (c) REPORTING REQUIREMENT.—Not later than 1 

5 year after the date of enactment of this Act and annually 

6 thereafter, the Administrator of the Federal Emergency 

7 Management Agency shall submit to the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate, the Committee on Transportation and Infrastructure 

10 of the House of Representatives, and the Appropriations 

11 Committees of the Senate and the House of Representa12 tives a report containing a summary of any projects car13 ried out, and any funding provided to those projects, 

14 under subsection (d) of section 420 of the Robert T. Staf15 ford Disaster Relief and Emergency Assistance Act (42 

16 U.S.C. 5187) (as amended by this section). 

17 SEC. 604. ADDITIONAL ACTIVITIES. 

18 Section 404 of the Robert T. Stafford Disaster Relief 

19 and Emergency Assistance Act (42 U.S.C. 5170c) is 

20 amended by adding at the end the following: 

21 ‘‘(f) USE OF ASSISTANCE.—Recipients of hazard 

22 mitigation assistance provided under this section and sec23 tion 203 may use the assistance to conduct activities to 

24 help reduce the risk of future damage, hardship, loss, or 


khammond on DSK30JT082PROD with BILLS
270 

•HR 4 IH

1 suffering in any area affected by a wildfire or windstorm, 

2 including— 

3 ‘‘(1) reseeding ground cover with quick-growing 

4 or native species; 

5 ‘‘(2) mulching with straw or chipped wood; 

6 ‘‘(3) constructing straw, rock, or log dams in 

7 small tributaries to prevent flooding; 

8 ‘‘(4) placing logs and other erosion barriers to 

9 catch sediment on hill slopes; 

10 ‘‘(5) installing debris traps to modify road and 

11 trail drainage mechanisms; 

12 ‘‘(6) modifying or removing culverts to allow 

13 drainage to flow freely; 

14 ‘‘(7) adding drainage dips and constructing 

15 emergency spillways to keep roads and bridges from 

16 washing out during floods; 

17 ‘‘(8) planting grass to prevent the spread of 

18 noxious weeds; 

19 ‘‘(9) installing warning signs; 

20 ‘‘(10) establishing defensible space measures; 

21 ‘‘(11) reducing hazardous fuels; and 

22 ‘‘(12) windstorm damage, including replacing or 

23 installing electrical transmission or distribution util24 ity pole structures with poles that are resilient to ex25 treme wind and combined ice and wind loadings for 


khammond on DSK30JT082PROD with BILLS
271 

•HR 4 IH

1 the basic wind speeds and ice conditions associated 

2 with the relevant location.’’. 

3 SEC. 605. ELIGIBILITY FOR CODE IMPLEMENTATION AND 

4 ENFORCEMENT. 

5 Section 406(a)(2) of the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 

7 5172(a)(2)) is amended— 

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (B); 

10 (2) by striking the period at the end of sub11 paragraph (C) and inserting ‘‘; and’’; and 

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

13 ‘‘(D) base and overtime wages for extra 

14 hires to facilitate the implementation and en15 forcement of adopted building codes for a pe16 riod of not more than 180 days after the major 

17 disaster is declared.’’. 

18 SEC. 606. PROGRAM IMPROVEMENTS. 

19 (a) HAZARD MITIGATION.—Section 406(c) of the 

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5172(c)) is amended— 

22 (1) in paragraph (1)(A), by striking ‘‘90 per23 cent of’’; and 

24 (2) in paragraph (2)(A), by striking ‘‘75 per25 cent of’’. 


khammond on DSK30JT082PROD with BILLS
272 

•HR 4 IH

1 (b) PARTICIPATION.—Section 428(d) of such Act (42 

2 U.S.C. 5189f) is amended— 

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

4 ‘‘Participation in’’; and 

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

6 ‘‘(2) NO CONDITIONS.—The President may not 

7 condition the provision of Federal assistance under 

8 this Act on the election by a State, Tribal, or local 

9 government, or owner or operator of a private non10 profit facility to participate in the alternative proce11 dures adopted under this section.’’. 

12 (c) CERTIFICATION.—Section 428(e)(1) of such Act 

13 (42 U.S.C. 5189f(e)(1)) is amended— 

14 (1) in subparagraph (E), by striking ‘‘and’’ at 

15 the end; 

16 (2) in subparagraph (F), by striking the period 

17 and inserting ‘‘; and’’; and 

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

19 ‘‘(G) once certified by a professionally li20 censed engineer and accepted by the Adminis21 trator, the estimates on which grants made pur22 suant to this section are based shall be pre23 sumed to be reasonable and eligible costs, as 

24 long as there is no evidence of fraud.’’. 


khammond on DSK30JT082PROD with BILLS
273 

•HR 4 IH

1 SEC. 607. PRIORITIZATION OF FACILITIES. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Administrator of the Federal Emergency 

4 Management Agency shall provide guidance and training 

5 on an annual basis to State, Tribal, and local govern6 ments, first responders, and utility companies on— 

7 (1) the need to prioritize assistance to hospitals, 

8 nursing homes, and other long-term care facilities to 

9 ensure that such health care facilities remain func10 tioning or return to functioning as soon as prac11 ticable during power outages caused by natural haz12 ards, including severe weather events; and 

13 (2) how hospitals, nursing homes and other 

14 long-term care facilities should adequately prepare 

15 for power outages during a major disaster or emer16 gency. 

17 SEC. 608. GUIDANCE ON EVACUATION ROUTES. 

18 (a) IN GENERAL.— 

19 (1) IDENTIFICATION.—The Administrator of 

20 the Federal Emergency Management Agency, in co21 ordination with the Administrator of the Federal 

22 Highway Administration, shall develop and issue 

23 guidance for State, local, and Tribal governments re24 garding the identification of evacuation routes. 

25 (2) GUIDANCE.—The Administrator of the Fed26 eral Highway Administration, in coordination with 


khammond on DSK30JT082PROD with BILLS
274 

•HR 4 IH

1 the Administrator of the Federal Emergency Man2 agement Agency, shall revise existing guidance or 

3 issue new guidance as appropriate for State, local, 

4 and Tribal governments regarding the design, con5 struction, maintenance, and repair of evacuation 

6 routes. 

7 (b) CONSIDERATIONS.— 

8 (1) IDENTIFICATION.—In developing the guid9 ance under subsection (a)(1), the Administrator of 

10 the Federal Emergency Management Agency shall 

11 consider— 

12 (A) whether evacuation routes have re13 sisted impacts and recovered quickly from dis14 asters, regardless of cause; 

15 (B) the need to evacuate special needs pop16 ulations, including— 

17 (i) individuals with a physical or men18 tal disability; 

19 (ii) individuals in schools, daycare 

20 centers, mobile home parks, prisons, nurs21 ing homes and other long-term care facili22 ties, and detention centers; 

23 (iii) individuals with limited-English 

24 proficiency; 

25 (iv) the elderly; and 


khammond on DSK30JT082PROD with BILLS
275 

•HR 4 IH

1 (v) individuals who are tourists, sea2 sonal workers, or homeless; 

3 (C) the sharing of information and other 

4 public communications with evacuees during 

5 evacuations; 

6 (D) the sheltering of evacuees, including 

7 the care, protection, and sheltering of animals; 

8 (E) the return of evacuees to their homes; 

9 and 

10 (F) such other items the Administrator 

11 considers appropriate. 

12 (2) DESIGN, CONSTRUCTION, MAINTENANCE, 

13 AND REPAIR.—In revising or issuing guidance under 

14 (a)(2), the Administrator of the Federal Highway 

15 Administration shall consider— 

16 (A) methods that assist evacuation routes 

17 to— 

18 (i) withstand likely risks to viability, 

19 including flammability and hydrostatic 

20 forces; 

21 (ii) improve durability, strength (in22 cluding the ability to withstand tensile 

23 stresses and compressive stresses), and 

24 sustainability; and 


khammond on DSK30JT082PROD with BILLS
276 

•HR 4 IH

1 (iii) provide for long-term cost sav2 ings; 

3 (B) the ability of evacuation routes to ef4 fectively manage contraflow operations; 

5 (C) for evacuation routes on public lands, 

6 the viewpoints of the applicable Federal land 

7 management agency regarding emergency oper8 ations, sustainability, and resource protection; 

9 and 

10 (D) such other items the Administrator 

11 considers appropriate. 

12 SEC. 609. DUPLICATION OF BENEFITS. 

13 (a) IN GENERAL.—Section 312(b) of the Robert T. 

14 Stafford Disaster Relief and Emergency Assistance Act 

15 (42 U.S.C. 5155(b)) is amended by adding at the end the 

16 following: 

17 ‘‘(4) WAIVER OF GENERAL PROHIBITION.— 

18 ‘‘(A) IN GENERAL.—The President may 

19 waive the general prohibition provided in sub20 section (a) upon request of a Governor on be21 half of the State or on behalf of a person, busi22 ness concern, or any other entity suffering 

23 losses as a result of a major disaster or emer24 gency, if the President finds such waiver is in 

25 the public interest and will not result in waste, 


khammond on DSK30JT082PROD with BILLS
277 

•HR 4 IH

1 fraud, or abuse. In making this decision, the 

2 President may consider the following: 

3 ‘‘(i) The recommendations of the Ad4 ministrator of the Federal Emergency 

5 Management Agency made in consultation 

6 with the Federal agency or agencies ad7 ministering the duplicative program. 

8 ‘‘(ii) If a waiver is granted, the assist9 ance to be funded is cost effective. 

10 ‘‘(iii) Equity and good conscience. 

11 ‘‘(iv) Other matters of public policy 

12 considered appropriate by the President. 

13 ‘‘(B) GRANT OR DENIAL OF WAIVER.—A 

14 request under subparagraph (A) shall be grant15 ed or denied not later than 45 days after sub16 mission of such request. 

17 ‘‘(C) PROHIBITION ON DETERMINATION

18 THAT LOAN IS A DUPLICATION.—Notwith19 standing subsection (c), in carrying out sub20 paragraph (A), the President may not deter21 mine that a loan is a duplication of assistance, 

22 provided that all Federal assistance is used to23 ward a loss suffered as a result of the major 

24 disaster or emergency.’’. 


khammond on DSK30JT082PROD with BILLS
278 

•HR 4 IH

1 (b) FUNDING OF A FEDERALLY AUTHORIZED WATER

2 RESOURCES DEVELOPMENT PROJECT.— 

3 (1) ELIGIBLE ACTIVITIES.—Notwithstanding 

4 section 312 of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5155) 

6 and its implementing regulations, assistance pro7 vided pursuant to section 404 of such Act may be 

8 used to fund activities authorized for construction 

9 within the scope of a federally authorized water re10 sources development project of the Army Corps of 

11 Engineers if such activities are also eligible activities 

12 under such section. 

13 (2) FEDERAL FUNDING.—All Federal funding 

14 provided under section 404 pursuant to this section 

15 shall be applied toward the Federal share of such 

16 project. 

17 (3) NON-FEDERAL MATCH.—All non-Federal 

18 matching funds required under section 404 pursuant 

19 to this section shall be applied toward the non-Fed20 eral share of such project. 

21 (4) TOTAL FEDERAL SHARE.—Funding pro22 vided under section 404 pursuant to this section 

23 may not exceed the total Federal share for such 

24 project. 


khammond on DSK30JT082PROD with BILLS
279 

•HR 4 IH

1 (5) NO EFFECT.—Nothing in this section 

2 shall— 

3 (A) affect the cost-share requirement of a 

4 hazard mitigation measure under section 404; 

5 (B) affect the eligibility criteria for a haz6 ard mitigation measure under section 404; 

7 (C) affect the cost share requirements of a 

8 federally authorized water resources develop9 ment project; and 

10 (D) affect the responsibilities of a non11 Federal interest with respect to the project, in12 cluding those related to the provision of lands, 

13 easements, rights-of-way, dredge material dis14 posal areas, and necessary relocations. 

15 (c) APPLICABILITY.—This section shall apply to each 

16 disaster and emergency declared pursuant to the Robert 

17 T. Stafford Disaster Relief and Emergency Assistance Act 

18 (42 U.S.C. 5121 et seq.) after January 1, 2016. 

19 SEC. 610. STATE ADMINISTRATION OF ASSISTANCE FOR DI20 RECT TEMPORARY HOUSING AND PERMA21 NENT HOUSING CONSTRUCTION. 

22 Section 408(f) of the Robert T. Stafford Disaster Re23 lief and Emergency Assistance Act (42 U.S.C. 5174(f)) 

24 is amended— 


khammond on DSK30JT082PROD with BILLS
280 

•HR 4 IH

1 (1) in paragraph (1), by striking the paragraph 

2 heading and inserting ‘‘STATE- OR TRIBAL-ADMINIS3 TERED ASSISTANCE AND OTHER NEEDS ASSIST4 ANCE.—’’; 

5 (2) in paragraph (1)(A)— 

6 (A) by striking ‘‘financial’’; and 

7 (B) by striking ‘‘subsection (e)’’ and in8 serting ‘‘subsections (c)(1)(B), (c)(4), and (e) if 

9 the President and the State or Tribal govern10 ment comply, as determined by the Adminis11 trator, with paragraph (3)’’; 

12 (3) in paragraph (1)(B)— 

13 (A) by striking ‘‘financial’’; and 

14 (B) by striking ‘‘subsection (e)’’ and in15 serting ‘‘subsections (c)(1)(B), (c)(4), and (e)’’; 

16 and 

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

18 ‘‘(3) IN GENERAL.— 

19 ‘‘(A) APPLICATION.—A State or Tribal 

20 government desiring to provide assistance under 

21 subsection (c)(1)(B), (c)(4), or (e) shall submit 

22 to the President an application for a grant to 

23 provide financial assistance under the program. 

24 ‘‘(B) CRITERIA.—The President, in con25 sultation and coordination with State, Tribal, 


khammond on DSK30JT082PROD with BILLS
281 

•HR 4 IH

1 and local governments, shall establish criteria 

2 for the approval of applications submitted 

3 under subparagraph (A). The criteria shall in4 clude, at a minimum— 

5 ‘‘(i) the demonstrated ability of the 

6 State or Tribal government to manage the 

7 program under this section; 

8 ‘‘(ii) there being in effect a plan ap9 proved by the President as to how the 

10 State or Tribal government will comply 

11 with applicable Federal laws and regula12 tions and how the State or Tribal govern13 ment will provide assistance under its plan; 

14 ‘‘(iii) a requirement that the State, 

15 Tribal, or local government comply with 

16 rules and regulations established pursuant 

17 to subsection (j); and 

18 ‘‘(iv) a requirement that the Presi19 dent, or the designee of the President, 

20 comply with subsection (i). 

21 ‘‘(C) QUALITY ASSURANCE.—Before ap22 proving an application submitted under this 

23 section, the President, or the designee of the 

24 President, shall institute adequate policies, pro25 cedures, and internal controls to prevent waste, 


khammond on DSK30JT082PROD with BILLS
282 

•HR 4 IH

1 fraud, abuse, and program mismanagement for 

2 this program and for programs under sub3 sections (c)(1)(B), (c)(4), and (e). The Presi4 dent shall monitor and conduct quality assur5 ance activities on a State or Tribal govern6 ment’s implementation of programs under sub7 sections (c)(1)(B), (c)(4), and (e). If, after ap8 proving an application of a State or Tribal gov9 ernment submitted under this section, the 

10 President determines that the State or Tribal 

11 government is not administering the program 

12 established by this section in a manner satisfac13 tory to the President, the President shall with14 draw the approval. 

15 ‘‘(D) AUDITS.—The Office of the inspector 

16 general shall provide for periodic audits of the 

17 programs administered by States and Tribal 

18 governments under this subsection. 

19 ‘‘(E) APPLICABLE LAWS.—All Federal 

20 laws applicable to the management, administra21 tion, or contracting of the programs by the 

22 Federal Emergency Management Agency under 

23 this section shall be applicable to the manage24 ment, administration, or contracting by a non25 Federal entity under this section. 


khammond on DSK30JT082PROD with BILLS
283 

•HR 4 IH

1 ‘‘(F) REPORT.—Not later than 18 months 

2 after the date of enactment of this paragraph, 

3 the inspector general of the Department of 

4 Homeland Security shall submit a report to the 

5 Committee on Homeland Security and Govern6 mental Affairs of the Senate and the Committee 

7 on Transportation and Infrastructure of the 

8 House of Representatives on the State or Tribal 

9 government’s role to provide assistance under 

10 this section. The report shall contain an assess11 ment of the effectiveness of the State or Tribal 

12 government’s role to provide assistance under 

13 this section, including— 

14 ‘‘(i) whether the State or Tribal gov15 ernment’s role helped to improve the gen16 eral speed of disaster recovery; 

17 ‘‘(ii) whether the State or Tribal gov18 ernment providing assistance under this 

19 section had the capacity to administer this 

20 section; and 

21 ‘‘(iii) recommendations for changes to 

22 improve the program if the State or Tribal 

23 government’s role to administer the pro24 grams should be continued. 


khammond on DSK30JT082PROD with BILLS
284 

•HR 4 IH

1 ‘‘(G) PROHIBITION.—The President may 

2 not condition the provision of Federal assist3 ance under this Act by a State or Tribal gov4 ernment requesting a grant under this section. 

5 ‘‘(H) MISCELLANEOUS.— 

6 ‘‘(i) NOTICE AND COMMENT.—The 

7 Administrator may waive notice and com8 ment rulemaking, if the Administrator de9 termines doing so is necessary to expedi10 tiously implement this section, and may 

11 carry out this section as a pilot program 

12 until such regulations are promulgated. 

13 ‘‘(ii) FINAL RULE.—Not later than 2 

14 years after the date of enactment of this 

15 paragraph, the Administrator shall issue 

16 final regulations to implement this sub17 section as amended by the Disaster Recov18 ery Reform Act. 

19 ‘‘(iii) WAIVER AND EXPIRATION.—The 

20 authority under clause (i) and any pilot 

21 program implemented pursuant to such 

22 clause shall expire 2 years after the date of 

23 enactment of this paragraph or upon 

24 issuance of final regulations pursuant to 

25 clause (ii), whichever occurs sooner.’’. 


khammond on DSK30JT082PROD with BILLS
285 

•HR 4 IH

1 SEC. 611. ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS. 

2 Section 408(h) of the Robert T. Stafford Disaster 

3 Relief and Emergency Assistance Act (42 U.S.C. 5174(h)) 

4 is amended— 

5 (1) in paragraph (1), by inserting ‘‘, excluding 

6 financial assistance to rent alternate housing accom7 modations under subsection (c)(1)(A)(i) and finan8 cial assistance to address other needs under sub9 section (e)’’ after ‘‘disaster’’; 

10 (2) by redesignating paragraph (2) as para11 graph (3); 

12 (3) by inserting after paragraph (1) the fol13 lowing: 

14 ‘‘(2) OTHER NEEDS ASSISTANCE.—The max15 imum financial assistance any individual or house16 hold may receive under subsection (e) shall be equiv17 alent to the amount set forth in paragraph (1) with 

18 respect to a single major disaster.’’; 

19 (4) in paragraph (3) (as so redesignated), by 

20 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs 

21 (1) and (2)’’; and 

22 (5) by inserting after paragraph (3) (as so re23 designated) the following: 

24 ‘‘(4) EXCLUSION OF NECESSARY EXPENSES FOR

25 INDIVIDUALS WITH DISABILITIES.— 


khammond on DSK30JT082PROD with BILLS
286 

•HR 4 IH

1 ‘‘(A) The maximum amount of assistance 

2 established under paragraph (1) shall exclude 

3 expenses to repair or replace damaged accessi4 bility-related improvements under paragraphs 

5 (2), (3), and (4) of subsection (c) for individ6 uals with disabilities. 

7 ‘‘(B) The maximum amount of assistance 

8 established under paragraph (2) shall exclude 

9 expenses to repair or replace accessibility-re10 lated personal property under subsection (e)(2) 

11 for individuals with disabilities.’’. 

12 SEC. 612. MULTIFAMILY LEASE AND REPAIR ASSISTANCE. 

13 (a) LEASE AND REPAIR OF RENTAL UNITS FOR

14 TEMPORARY HOUSING.—Section 408(c)(1)(B)(ii)(II) of 

15 the Robert T. Stafford Disaster Relief and Emergency As16 sistance Act (42 U.S.C. 5174(c)(1)(B)(ii)(II)) is amended 

17 to read as follows: 

18 ‘‘(II) IMPROVEMENTS OR RE19 PAIRS.—Under the terms of any lease 

20 agreement for property entered into 

21 under this subsection, the value of the 

22 improvements or repairs shall be de23 ducted from the value of the lease 

24 agreement.’’. 


khammond on DSK30JT082PROD with BILLS
287 

•HR 4 IH

1 (b) RENTAL PROPERTIES IMPACTED.—Section 

2 408(c)(1)(B)(ii)(I)(aa) of the Robert T. Stafford Disaster 

3 Relief and Emergency Assistance Act (42 U.S.C. 

4 5174(c)(1)(B)(ii)(I)(aa)) is amended to read as follows: 

5 ‘‘(aa) enter into lease agree6 ments with owners of multifamily 

7 rental property impacted by a 

8 major disaster or located in areas 

9 covered by a major disaster dec10 laration to house individuals and 

11 households eligible for assistance 

12 under this section; and’’. 

13 (c) INSPECTOR GENERAL REPORT.—Not later than 

14 2 years after the date of the enactment of this Act, the 

15 inspector general of the Department of Homeland Security 

16 shall assess the use of the authority provided under section 

17 408(c)(1)(B) of the Robert T. Stafford Disaster Relief 

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

19 5174(c)(1)(B)), including the adequacy of any benefit-cost 

20 analysis done to justify the use of this alternative, and 

21 submit a report on the results of that review to the appro22 priate committees of Congress. 

23 SEC. 613. PRIVATE NONPROFIT FACILITY. 

24 Section 102 of the Robert T. Stafford Disaster Relief 

25 and Emergency Assistance Act (42 U.S.C. 5122) is 


khammond on DSK30JT082PROD with BILLS
288 

•HR 4 IH

1 amended in paragraph (11)(B) by inserting ‘‘food banks,’’ 

2 after ‘‘shelter workshops,’’. 

3 SEC. 614. MANAGEMENT COSTS. 

4 Section 324 of the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act (42 U.S.C. 5165b) is 

6 amended— 

7 (1) in subsection (a) by striking ‘‘any adminis8 trative expense, and any other expense not directly 

9 chargeable to’’ and inserting ‘‘direct administrative 

10 cost, and any other administrative expense associ11 ated with’’; and 

12 (2) in subsection (b)— 

13 (A) by striking ‘‘Notwithstanding’’ and in14 serting the following: 

15 ‘‘(1) IN GENERAL.—Notwithstanding’’; 

16 (B) by striking ‘‘establish’’ and inserting 

17 the following: ‘‘implement’’; and 

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

19 ‘‘(2) SPECIFIC MANAGEMENT COSTS.—The Ad20 ministrator shall provide the following percentage 

21 rates, in addition to the eligible project costs, to 

22 cover direct and indirect costs of administering the 

23 following programs: 

24 ‘‘(A) HAZARD MITIGATION.—A grantee 

25 under section 404 may be reimbursed not more 


khammond on DSK30JT082PROD with BILLS
289 

•HR 4 IH

1 than 15 percent of the total amount of the 

2 grant award under such section of which not 

3 more than 10 percent may be used by the 

4 grantee and 5 percent by the subgrantee for 

5 such costs. 

6 ‘‘(B) PUBLIC ASSISTANCE.—A grantee 

7 under sections 403, 406, 407, and 502 may be 

8 reimbursed not more than 12 percent of the 

9 total award amount under such sections, of 

10 which not more than 7 percent may be used by 

11 the grantee and 5 percent by the subgrantee for 

12 such costs.’’. 

13 SEC. 615. FLEXIBILITY. 

14 (a) DEFINITION.—In this section, the term ‘‘covered 

15 assistance’’ means assistance provided— 

16 (1) under section 408 of the Robert T. Stafford 

17 Disaster Relief and Emergency Assistance Act (42 

18 U.S.C. 5174); and 

19 (2) in relation to a major disaster or emergency 

20 declared by the President under section 401 or 501 

21 of the Robert T. Stafford Disaster Relief and Emer22 gency Assistance Act (42 U.S.C. 5170; 42 U.S.C. 

23 5191) on or after October 28, 2012. 


khammond on DSK30JT082PROD with BILLS
290 

•HR 4 IH

1 (b) WAIVER AUTHORITY.—Notwithstanding section 

2 3716(e) of title 31, United States Code, the Administrator 

3 of the Federal Emergency Management Agency— 

4 (1) subject to paragraph (2), may waive a debt 

5 owed to the United States related to covered assist6 ance provided to an individual or household if— 

7 (A) the covered assistance was distributed 

8 based on an error by the Federal Emergency 

9 Management Agency; 

10 (B) there was no fault on behalf of the 

11 debtor; and 

12 (C) the collection of the debt would be 

13 against equity and good conscience; and 

14 (2) may not waive a debt under paragraph (1) 

15 if the debt involves fraud, the presentation of a false 

16 claim, or misrepresentation by the debtor or any 

17 party having an interest in the claim. 

18 (c) MONITORING OF COVERED ASSISTANCE DISTRIB19 UTED BASED ON ERROR.— 

20 (1) IN GENERAL.—The inspector general of the 

21 Department of Homeland Security shall monitor the 

22 distribution of covered assistance to individuals and 

23 households to determine the percentage of such as24 sistance distributed based on an error. 


khammond on DSK30JT082PROD with BILLS
291 

•HR 4 IH

1 (2) REMOVAL OF WAIVER AUTHORITY BASED

2 ON EXCESSIVE ERROR RATE.—If the inspector gen3 eral determines, with respect to any 12-month pe4 riod, that the amount of covered assistance distrib5 uted based on an error by the Federal Emergency 

6 Management Agency exceeds 4 percent of the total 

7 amount of covered assistance distributed— 

8 (A) the inspector general shall notify the 

9 Administrator and publish the determination in 

10 the Federal Register; and 

11 (B) with respect to any major disaster or 

12 emergency declared by the President under sec13 tion 401 or section 501, respectively, of the 

14 Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act (42 U.S.C. 5170; 42 

16 U.S.C. 5191) after the date on which the deter17 mination is published under subparagraph (A), 

18 the authority of the Administrator to waive 

19 debt under subsection (b) shall no longer be ef20 fective. 

21 SEC. 616. ADDITIONAL DISASTER ASSISTANCE. 

22 (a) DISASTER MITIGATION.—Section 209 of the Pub23 lic Works and Economic Development Act of 1965 (42 

24 U.S.C. 3149) is amended by adding at the end the fol25 lowing: 


khammond on DSK30JT082PROD with BILLS
292 

•HR 4 IH

1 ‘‘(e) DISASTER MITIGATION.—In providing assist2 ance pursuant to subsection (c)(2), if appropriate and as 

3 applicable, the Secretary may encourage hazard mitigation 

4 in assistance provided pursuant to such subsection.’’. 

5 (b) EMERGENCY MANAGEMENT ASSISTANCE COM6 PACT GRANTS.—Section 661(d) of the Post-Katrina 

7 Emergency Management Reform Act of 2006 (6 U.S.C. 

8 761(d)) is amended by striking ‘‘for fiscal year 2008’’ and 

9 inserting ‘‘for each of fiscal years 2018 through 2022’’. 

10 (c) EMERGENCY MANAGEMENT PERFORMANCE

11 GRANTS PROGRAM.—Section 662(f) of the Post-Katrina 

12 Emergency Management Reform Act of 2006 (6 U.S.C. 

13 762(f)) is amended by striking ‘‘the program’’ and all that 

14 follows through ‘‘2012’’ and inserting ‘‘the program, for 

15 each of fiscal years 2018 through 2022’’. 

16 (d) TECHNICAL AMENDMENT.—Section 403(a)(3) of 

17 the Robert T. Stafford Disaster Relief and Emergency As18 sistance Act (42 U.S.C. 5170b(a)(3)) is amended by strik19 ing the second subparagraph (J). 

20 SEC. 617. NATIONAL VETERINARY EMERGENCY TEAMS. 

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

22 Emergency Management Agency may establish one or 

23 more national veterinary emergency teams at accredited 

24 colleges of veterinary medicine. 


khammond on DSK30JT082PROD with BILLS
293 

•HR 4 IH

1 (b) RESPONSIBILITIES.—A national veterinary emer2 gency team shall— 

3 (1) deploy with a team of the National Urban 

4 Search and Rescue Response System to assist 

5 with— 

6 (A) veterinary care of canine search teams; 

7 (B) locating and treating companion ani8 mals, service animals, livestock, and other ani9 mals; and 

10 (C) surveillance and treatment of zoonotic 

11 diseases; 

12 (2) recruit, train, and certify veterinary profes13 sionals, including veterinary students, in accordance 

14 with an established set of plans and standard oper15 ating guidelines to carry out the duties associated 

16 with planning for and responding to emergencies as 

17 described in paragraph (1); 

18 (3) assist State, Tribal, and local governments 

19 and nonprofit organizations in developing emergency 

20 management and evacuation plans that account for 

21 the care and rescue of animals and in improving 

22 local readiness for providing veterinary medical re23 sponse during a disaster; and 

24 (4) coordinate with the Department of Home25 land Security, the Department of Health and 


khammond on DSK30JT082PROD with BILLS
294 

•HR 4 IH

1 Human Services, the Department of Agriculture, 

2 State, Tribal, and local governments (including de3 partments of animal and human health), veterinary 

4 and health care professionals, and volunteers. 

5 SEC. 618. DISPUTE RESOLUTION PILOT PROGRAM. 

6 Section 1105(c) of the Sandy Recovery Improvement 

7 Act of 2013 (42 U.S.C. 5189a note) is amended by strik8 ing ‘‘2015’’ and inserting ‘‘2022’’. 

9 SEC. 619. UNIFIED FEDERAL ENVIRONMENTAL AND HIS10 TORIC PRESERVATION REVIEW. 

11 (a) REVIEW AND ANALYSIS.—Not later than 180 

12 days after the date of enactment of this Act, the Adminis13 trator of the Federal Emergency Management Agency 

14 shall review the Unified Federal Environmental and His15 toric Preservation review process established pursuant to 

16 section 429 of the Robert T. Stafford Disaster Relief and 

17 Emergency Assistance Act (42 U.S.C. 5189g), and submit 

18 a report to the Committee on Transportation and Infra19 structure of the House of Representatives and the Com20 mittee on Homeland Security and Governmental Affairs 

21 of the Senate that includes the following: 

22 (1) An analysis of whether and how the unified 

23 process has expedited the interagency review process 

24 to ensure compliance with the environmental and 


khammond on DSK30JT082PROD with BILLS
295 

•HR 4 IH

1 historic requirements under Federal law relating to 

2 disaster recovery projects. 

3 (2) A survey and analysis of categorical exclu4 sions used by other Federal agencies that may be 

5 applicable to any activity related to a Presidentially 

6 declared major disaster or emergency under such 

7 Act. 

8 (3) Recommendations on any further actions, 

9 including any legislative proposals, needed to expe10 dite and streamline the review process. 

11 (b) REGULATIONS.—After completing the review, 

12 survey, and analyses under subsection (a), but not later 

13 than 2 years after the date of enactment of this Act, and 

14 after providing notice and opportunity for public comment, 

15 the Administrator shall issue regulations to implement any 

16 regulatory recommendations, including any categorical ex17 clusions identified under subsection (a), to the extent that 

18 the categorical exclusions meet the criteria for a categor19 ical exclusion under section 1508.4 of title 40, Code of 

20 Federal Regulations, and section II of DHS Instruction 

21 Manual 023–01–001–01. 

22 SEC. 620. CLOSEOUT INCENTIVES. 

23 (a) FACILITATING CLOSEOUT.—Section 705 of the 

24 Robert T. Stafford Disaster Relief and Emergency AssistVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
296 

•HR 4 IH

1 ance Act (42 U.S.C. 5205) is amended by adding at the 

2 end the following: 

3 ‘‘(d) FACILITATING CLOSEOUT.— 

4 ‘‘(1) INCENTIVES.—The Administrator may de5 velop incentives and penalties that encourage State, 

6 Tribal, or local governments to close out expendi7 tures and activities on a timely basis related to dis8 aster or emergency assistance. 

9 ‘‘(2) AGENCY REQUIREMENTS.—The Agency 

10 shall, consistent with applicable regulations and re11 quired procedures, meet its responsibilities to im12 prove closeout practices and reduce the time to close 

13 disaster program awards.’’. 

14 (b) REGULATIONS.—The Administrator shall issue 

15 regulations to implement this section. 

16 SEC. 621. PERFORMANCE OF SERVICES. 

17 Section 306 of the Robert T. Stafford Disaster Relief 

18 and Emergency Assistance Act (42 U.S.C. 5149) is 

19 amended by adding at the end the following: 

20 ‘‘(c) The Administrator of the Federal Emergency 

21 Management Agency is authorized to appoint temporary 

22 personnel, after serving continuously for 3 years, to posi23 tions in the Agency in the same manner that competitive 

24 service employees with competitive status are considered 

25 for transfer, reassignment, or promotion to such positions. 


khammond on DSK30JT082PROD with BILLS
297 

•HR 4 IH

1 An individual appointed under this subsection shall be2 come a career-conditional employee, unless the employee 

3 has already completed the service requirements for career 

4 tenure.’’. 

5 SEC. 622. STUDY TO STREAMLINE AND CONSOLIDATE IN6 FORMATION COLLECTION. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Administrator of the Federal Emergency 

9 Management Agency shall— 

10 (1) in coordination with the Small Business Ad11 ministration, the Department of Housing and Urban 

12 Development, and other appropriate agencies, con13 duct a study and develop a plan, consistent with law, 

14 under which the collection of information from dis15 aster assistance applicants and grantees will be 

16 modified, streamlined, expedited, efficient, flexible, 

17 consolidated, and simplified to be less burdensome, 

18 duplicative, and time consuming for applicants and 

19 grantees; 

20 (2) in coordination with the Small Business Ad21 ministration, the Department of Housing and Urban 

22 Development, and other appropriate agencies, de23 velop a plan for the regular collection and reporting 

24 of information on Federal disaster assistance award25 ed, including the establishment and maintenance of 


khammond on DSK30JT082PROD with BILLS
298 

•HR 4 IH

1 a website for presenting the information to the pub2 lic; and 

3 (3) submit the plans to the Committee on 

4 Transportation and Infrastructure of the House of 

5 Representatives and the Committee on Homeland 

6 Security and Governmental Affairs of the Senate. 

7 SEC. 623. AGENCY ACCOUNTABILITY. 

8 Title IV of the Robert T. Stafford Disaster Relief and 

9 Emergency Assistance Act is amended by adding at the 

10 end the following: 

11 ‘‘SEC. 430. AGENCY ACCOUNTABILITY. 

12 ‘‘(a) PUBLIC ASSISTANCE.—Not later than 5 days 

13 after an award of a public assistance grant is made under 

14 section 406 that is in excess of $1,000,000, the Adminis15 trator shall publish on the Agency’s website the specifics 

16 of each such grant award, including— 

17 ‘‘(1) identifying the Federal Emergency Man18 agement Agency Region; 

19 ‘‘(2) the disaster or emergency declaration 

20 number; 

21 ‘‘(3) the State, county, and applicant name; 

22 ‘‘(4) if the applicant is a private nonprofit orga23 nization; 

24 ‘‘(5) the damage category code; 


khammond on DSK30JT082PROD with BILLS
299 

•HR 4 IH

1 ‘‘(6) the amount of the Federal share obligated; 

2 and 

3 ‘‘(7) the date of the award. 

4 ‘‘(b) MISSION ASSIGNMENTS.— 

5 ‘‘(1) IN GENERAL.—Not later than 5 days after 

6 the issuance of a mission assignment or mission as7 signment task order, the Administrator shall publish 

8 on the Agency’s website any mission assignment or 

9 mission assignment task order to another Federal 

10 department or agency regarding a major disaster in 

11 excess of $1,000,000, including— 

12 ‘‘(A) the name of the impacted State or 

13 Tribe; 

14 ‘‘(B) the disaster declaration for such 

15 State or Tribe; 

16 ‘‘(C) the assigned agency; 

17 ‘‘(D) the assistance requested; 

18 ‘‘(E) a description of the disaster; 

19 ‘‘(F) the total cost estimate; 

20 ‘‘(G) the amount obligated; 

21 ‘‘(H) the State or Tribal cost share, if ap22 plicable; 

23 ‘‘(I) the authority under which the mission 

24 assignment or mission assignment task order 

25 was directed; and 


khammond on DSK30JT082PROD with BILLS
300 

•HR 4 IH

1 ‘‘(J) if applicable, the date a State or 

2 Tribe requested the mission assignment. 

3 ‘‘(2) RECORDING CHANGES.—Not later than 10 

4 days after the last day of each month until a mission 

5 assignment or mission assignment task order de6 scribed in paragraph (1) is completed and closed 

7 out, the Administrator shall update any changes to 

8 the total cost estimate and the amount obligated. 

9 ‘‘(c) DISASTER RELIEF MONTHLY REPORT.—Not 

10 later than 10 days after the first day of each month, the 

11 Administrator shall publish on the Agency’s website re12 ports, including a specific description of the methodology 

13 and the source data used in developing such reports, in14 cluding— 

15 ‘‘(1) an estimate of the amounts for the fiscal 

16 year covered by the President’s most recent budget 

17 pursuant to section 1105(a) of title 31, United 

18 States Code, including— 

19 ‘‘(A) the unobligated balance of funds to 

20 be carried over from the prior fiscal year to the 

21 budget year; 

22 ‘‘(B) the unobligated balance of funds to 

23 be carried over from the budget year to the 

24 budget year plus 1; 


khammond on DSK30JT082PROD with BILLS
301 

•HR 4 IH

1 ‘‘(C) the amount of obligations for non2 catastrophic events for the budget year; 

3 ‘‘(D) the amount of obligations for the 

4 budget year for catastrophic events delineated 

5 by event and by State; 

6 ‘‘(E) the total amount that has been pre7 viously obligated or will be required for cata8 strophic events delineated by event and by State 

9 for all prior years, the current fiscal year, the 

10 budget year, and each fiscal year thereafter; 

11 ‘‘(F) the amount of previously obligated 

12 funds that will be recovered for the budget 

13 year; 

14 ‘‘(G) the amount that will be required for 

15 obligations for emergencies, as described in sec16 tion 102(1), major disasters, as described in 

17 section 102(2), fire management assistance 

18 grants, as described in section 420, surge ac19 tivities, and disaster readiness and support ac20 tivities; and 

21 ‘‘(H) the amount required for activities not 

22 covered under section 251(b)(2)(D)(iii) of the 

23 Balanced Budget and Emergency Deficit Con24 trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); 

25 and 


khammond on DSK30JT082PROD with BILLS
302 

•HR 4 IH

1 ‘‘(2) an estimate or actual amounts, if available, 

2 of the following for the current fiscal year shall be 

3 submitted not later than the fifth day of each 

4 month, published by the Administrator on the Agen5 cy’s website not later than the fifth day of each 

6 month: 

7 ‘‘(A) A summary of the amount of appro8 priations made available by source, the trans9 fers executed, the previously allocated funds re10 covered, and the commitments, allocations, and 

11 obligations made. 

12 ‘‘(B) A table of disaster relief activity de13 lineated by month, including— 

14 ‘‘(i) the beginning and ending bal15 ances; 

16 ‘‘(ii) the total obligations to include 

17 amounts obligated for fire assistance, 

18 emergencies, surge, and disaster support 

19 activities; 

20 ‘‘(iii) the obligations for catastrophic 

21 events delineated by event and by State; 

22 and 

23 ‘‘(iv) the amount of previously obli24 gated funds that are recovered. 


khammond on DSK30JT082PROD with BILLS
303 

•HR 4 IH

1 ‘‘(C) A summary of allocations, obligations, 

2 and expenditures for catastrophic events delin3 eated by event. 

4 ‘‘(D) The cost of the following categories 

5 of spending: 

6 ‘‘(i) Public assistance. 

7 ‘‘(ii) Individual assistance. 

8 ‘‘(iii) Mitigation. 

9 ‘‘(iv) Administrative. 

10 ‘‘(v) Operations. 

11 ‘‘(vi) Any other relevant category (in12 cluding emergency measures and disaster 

13 resources) delineated by disaster. 

14 ‘‘(E) The date on which funds appro15 priated will be exhausted. 

16 ‘‘(d) CONTRACTS.— 

17 ‘‘(1) INFORMATION.—Not later than 10 days 

18 after the first day of each month, the Administrator 

19 shall publish on the Agency’s website the specifics of 

20 each contract in excess of $1,000,000 that the Agen21 cy enters into, including— 

22 ‘‘(A) the name of the party; 

23 ‘‘(B) the date the contract was awarded; 

24 ‘‘(C) the amount and scope of the contract; 


khammond on DSK30JT082PROD with BILLS
304 

•HR 4 IH

1 ‘‘(D) if the contract was awarded through 

2 competitive bidding process; 

3 ‘‘(E) if no competitive bidding process was 

4 used, the reason why competitive bidding was 

5 not used; and 

6 ‘‘(F) the authority used to bypass the com7 petitive bidding process. 

8 The information shall be delineated by disaster, if 

9 applicable, and specify the damage category code, if 

10 applicable. 

11 ‘‘(2) REPORT.—Not later than 10 days after 

12 the last day of the fiscal year, the Administrator 

13 shall provide a report to the appropriate committees 

14 of Congress summarizing the following information 

15 for the preceding fiscal year: 

16 ‘‘(A) The number of contracts awarded 

17 without competitive bidding. 

18 ‘‘(B) The reasons why a competitive bid19 ding process was not used. 

20 ‘‘(C) The total amount of contracts award21 ed with no competitive bidding. 

22 ‘‘(D) The damage category codes, if appli23 cable, for contracts awarded without competi24 tive bidding.’’. 


khammond on DSK30JT082PROD with BILLS
305 

•HR 4 IH

1 SEC. 624. AUDIT OF CONTRACTS. 

2 Notwithstanding any other provision of law, the Ad3 ministrator of the Federal Emergency Management Agen4 cy shall not reimburse a State, Tribe, or local government 

5 or the owner or operator of a private nonprofit facility for 

6 any activities made pursuant to a contract entered into 

7 after August 1, 2017, that prohibits the Administrator or 

8 the Comptroller General of the United States from audit9 ing or otherwise reviewing all aspects relating to the con10 tract. 

11 SEC. 625. INSPECTOR GENERAL AUDIT OF FEMA CON12 TRACTS FOR TARPS AND PLASTIC SHEETING. 

13 (a) IN GENERAL.—Not later than 30 days after the 

14 date of enactment of this Act, the inspector general of the 

15 Department of Homeland Security shall initiate an audit 

16 of the contracts awarded by the Federal Emergency Man17 agement Agency (in this section referred to as ‘‘FEMA’’) 

18 for tarps and plastic sheeting for the Commonwealth of 

19 Puerto Rico and the United States Virgin Islands in re20 sponse to Hurricane Irma and Hurricane Maria. 

21 (b) CONSIDERATIONS.—In carrying out the audit 

22 under subsection (a), the inspector general shall review— 

23 (1) the contracting process used by FEMA to 

24 evaluate offerors and award the relevant contracts to 

25 contractors; 


khammond on DSK30JT082PROD with BILLS
306 

•HR 4 IH

1 (2) FEMA’s assessment of the past perform2 ance of the contractors, including any historical in3 formation showing that the contractors had sup4 ported large-scale delivery quantities in the past; 

5 (3) FEMA’s assessment of the capacity of the 

6 contractors to carry out the relevant contracts, in7 cluding with respect to inventory, production, and fi8 nancial capabilities; 

9 (4) how FEMA ensured that the contractors 

10 met the terms of the relevant contracts; and 

11 (5) whether the failure of the contractors to 

12 meet the terms of the relevant contracts and 

13 FEMA’s subsequent cancellation of the relevant con14 tracts affected the provision of tarps and plastic 

15 sheeting to the Commonwealth of Puerto Rico and 

16 the United States Virgin Islands. 

17 (c) REPORT.—Not later than 270 days after the date 

18 of initiation of the audit under subsection (a), the inspec19 tor general shall submit to the Committee on Transpor20 tation and Infrastructure of the House of Representatives 

21 and the Committee on Homeland Security and Govern22 mental Affairs of the Senate a report on the results of 

23 the audit, including findings and recommendations. 


khammond on DSK30JT082PROD with BILLS
307 

•HR 4 IH

1 SEC. 626. RELIEF ORGANIZATIONS. 

2 Section 309 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5152) is 

4 amended— 

5 (1) in subsection (a), by striking ‘‘and other re6 lief or’’ and inserting ‘‘long-term recovery groups, 

7 domestic hunger relief, and other relief, or’’; and 

8 (2) in subsection (b), by striking ‘‘and other re9 lief or’’ and inserting ‘‘long-term recovery groups, 

10 domestic hunger relief, and other relief, or’’. 

11 SEC. 627. GUIDANCE ON INUNDATED AND SUBMERGED 

12 ROADS. 

13 The Administrator of the Federal Emergency Man14 agement Agency, in coordination with the Administrator 

15 of the Federal Highway Administration, shall develop and 

16 issue guidance for State, local, and Tribal governments 

17 regarding repair, restoration, and replacement of inun18 dated and submerged roads damaged or destroyed by a 

19 major disaster, and for associated expenses incurred by 

20 the Government, with respect to roads eligible for assist21 ance under section 406 of the Robert T. Stafford Disaster 

22 Relief and Emergency Assistance Act (42 U.S.C. 5172). 

23 SEC. 628. AUTHORITIES. 

24 Notwithstanding any other provision of law, the non25 federally funded actions of private parties and State, local, 

26 or Tribal governments, on State, local, Tribal, and private 


khammond on DSK30JT082PROD with BILLS
308 

•HR 4 IH

1 land, and the effects of those actions, shall not be attrib2 uted to the Federal Emergency Management Agency’s ac3 tions under the National Flood Insurance Act of 1968 (42 

4 U.S.C. 4001 et seq.), the Flood Disaster Protection Act 

5 of 1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters 

6 Flood Insurance Reform Act of 2012 (subtitle A of title 

7 II of division F of Public Law 112–141; 126 Stat. 916), 

8 and the Homeowner Flood Insurance Affordability Act of 

9 2014 (Public Law 113–89; 128 Stat. 1020) for the pur10 poses of section 7 (16 U.S.C. 1536) and section 9 (16 

11 U.S.C. 1538) of the Endangered Species Act. Actions 

12 taken under the National Flood Insurance Act of 1968, 

13 the Flood Disaster Protection Act of 1973, the Biggert14 Waters Flood Insurance Reform Act of 2012, and the 

15 Homeowner Flood Insurance Affordability Act of 2014, 

16 that may influence private actions do not create a Federal 

17 nexus for the purpose of applying the requirements of sec18 tion 7 of the Endangered Species Act of 1973 (16 U.S.C. 

19 1536). 

20 SEC. 629. RECOUPMENT OF CERTAIN ASSISTANCE PROHIB21 ITED. 

22 (a) IN GENERAL.—Notwithstanding section 3716(e) 

23 of title 31, United States Code, and unless there is evi24 dence of civil or criminal fraud, the Federal Emergency 

25 Management Agency may not take any action to recoup 


khammond on DSK30JT082PROD with BILLS
309 

•HR 4 IH

1 covered assistance from the recipient of such assistance 

2 if the receipt of such assistance occurred on a date that 

3 is more than 3 years before the date on which the Federal 

4 Emergency Management Agency first provides to the re5 cipient written notification of an intent to recoup. 

6 (b) COVERED ASSISTANCE DEFINED.—In this sec7 tion, the term ‘‘covered assistance’’ means assistance pro8 vided— 

9 (1) under section 408 of the Robert T. Stafford 

10 Disaster Relief and Emergency Assistance Act (42 

11 U.S.C. 5174); and 

12 (2) in relation to a major disaster or emergency 

13 declared by the President under section 401 or 501 

14 of such Act (42 U.S.C. 5170; 42 U.S.C. 5191) on 

15 or after January 1, 2012. 

16 SEC. 630. STATUTE OF LIMITATIONS. 

17 (a) IN GENERAL.—Section 705 of the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5205) is amended— 

20 (1) in subsection (a)(1)— 

21 (A) by striking ‘‘Except’’ and inserting 

22 ‘‘Notwithstanding section 3716(e) of title 31, 

23 United States Code, and except’’; and 


khammond on DSK30JT082PROD with BILLS
310 

•HR 4 IH

1 (B) by striking ‘‘report for the disaster or 

2 emergency’’ and inserting ‘‘report for project 

3 completion as certified by the grantee’’; and 

4 (2) in subsection (b)— 

5 (A) in paragraph (1) by striking ‘‘report 

6 for the disaster or emergency’’ and inserting 

7 ‘‘report for project completion as certified by 

8 the grantee’’; and 

9 (B) in paragraph (3) by inserting ‘‘for 

10 project completion as certified by the grantee’’ 

11 after ‘‘final expenditure report’’. 

12 (b) APPLICABILITY.— 

13 (1) IN GENERAL.—With respect to disaster or 

14 emergency assistance provided to a State or local 

15 government on or after January 1, 2004— 

16 (A) no administrative action may be taken 

17 to recover a payment of such assistance after 

18 the date of enactment of this Act if the action 

19 is prohibited under section 705(a)(1) of the 

20 Robert T. Stafford Disaster Relief and Emer21 gency Assistance Act (42 U.S.C. 5205(a)(1)), 

22 as amended by subsection (a); and 

23 (B) any administrative action to recover a 

24 payment of such assistance that is pending on 

25 such date of enactment shall be terminated if 


khammond on DSK30JT082PROD with BILLS
311 

•HR 4 IH

1 the action is prohibited under section 705(a)(1) 

2 of that Act, as amended by subsection (a). 

3 (2) LIMITATION.—This section, including the 

4 amendments made by this section, may not be con5 strued to invalidate or otherwise affect any adminis6 tration action completed before the date of enact7 ment of this Act. 

8 SEC. 631. TECHNICAL ASSISTANCE AND RECOMMENDA9 TIONS. 

10 (a) TECHNICAL ASSISTANCE.—The Administrator of 

11 the Federal Emergency Management Agency shall provide 

12 technical assistance to a common interest community that 

13 provides essential services of a governmental nature on ac14 tions that a common interest community may take in 

15 order to be eligible to receive reimbursement from a grant16 ee that receives funds from the Agency for certain activi17 ties performed after an event that results in a disaster 

18 declaration. 

19 (b) RECOMMENDATIONS.—Not later than 90 days 

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

21 shall provide to the Committee on Transportation and In22 frastructure of the House of Representatives and the Com23 mittee on Homeland Security and Governmental Affairs 

24 of the Senate a legislative proposal on how to provide eligiVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
312 

•HR 4 IH

1 bility for disaster assistance with respect to common areas 

2 of condominiums and housing cooperatives. 

3 SEC. 632. GUIDANCE ON HAZARD MITIGATION ASSISTANCE. 

4 (a) IN GENERAL.—Not later than 180 days after the 

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

6 Federal Emergency Management Agency shall issue guid7 ance regarding the acquisition of property for open space 

8 as a mitigation measure under section 404 of the Robert 

9 T. Stafford Disaster Relief and Emergency Assistance Act 

10 (42 U.S.C. 5170c) that includes— 

11 (1) a process by which the State hazard mitiga12 tion officer appointed for such an acquisition shall, 

13 not later than 60 days after the applicant for assist14 ance enters into an agreement with the Adminis15 trator regarding the acquisition, provide written no16 tification to each affected unit of local government 

17 for such acquisition that includes— 

18 (A) the location of the acquisition; 

19 (B) the State-local assistance agreement 

20 for the hazard mitigation grant program; 

21 (C) a description of the acquisition; and 

22 (D) a copy of the deed restriction; and 

23 (2) recommendations for entering into and im24 plementing a memorandum of understanding be25 tween units of local government and covered entities 


khammond on DSK30JT082PROD with BILLS
313 

•HR 4 IH

1 that includes provisions to allow an affected unit of 

2 local government notified under paragraph (1) to— 

3 (A) use and maintain the open space cre4 ated by such a project, consistent with section 

5 404 (including related regulations, standards, 

6 and guidance) and consistent with all adjoining 

7 property, subject to the notification of the ad8 joining property, so long as the cost of the 

9 maintenance is borne by the local government; 

10 and 

11 (B) maintain the open space pursuant to 

12 standards exceeding any local government 

13 standards defined in the agreement with the 

14 Administrator described under paragraph (1). 

15 (b) DEFINITIONS.—In this section the following defi16 nitions apply: 

17 (1) AFFECTED UNIT OF LOCAL GOVERN18 MENT.—The term ‘‘affected unit of local govern19 ment’’ means any entity covered by the definition of 

20 local government in section 102 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance 

22 Act (42 U.S.C. 5122), that has jurisdiction over the 

23 property subject to the acquisition described in sub24 section (a). 


khammond on DSK30JT082PROD with BILLS
314 

•HR 4 IH

1 (2) COVERED ENTITY.—The term ‘‘covered en2 tity’’ means— 

3 (A) the grantee or subgrantee receiving as4 sistance for an open space project described in 

5 subsection (a); 

6 (B) the State in which such project is lo7 cated; and 

8 (C) the applicable Regional Administrator 

9 of the Federal Emergency Management Agency. 

10 SEC. 633. LOCAL IMPACT. 

11 In making recommendations to the President regard12 ing a major disaster declaration, the Administrator of the 

13 Federal Emergency Management Agency shall give great14 er weight and consideration to severe local impact or re15 cent multiple disasters. Further, the Administrator shall 

16 make corresponding adjustments to the Agency’s policies 

17 and regulations regarding such consideration. Not later 

18 than 1 year after the date of enactment of this section, 

19 the Administrator shall report to the Committee on Trans20 portation and Infrastructure of the House of Representa21 tives and the Committee on Homeland Security and Gov22 ernmental Affairs of the Senate on the changes made to 

23 regulations and policies and the number of declarations 

24 that have been declared based on the new criteria. 


khammond on DSK30JT082PROD with BILLS
315 

•HR 4 IH

1 SEC. 634. ADDITIONAL HAZARD MITIGATION ACTIVITIES. 

2 Section 404 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5170c) is fur4 ther amended by adding at the end the following: 

5 ‘‘(g) USE OF ASSISTANCE.—Recipients of hazard 

6 mitigation assistance provided under this section and sec7 tion 203 may use the assistance to conduct activities to 

8 help reduce the risk of future damage, hardship, loss, or 

9 suffering in any area affected by earthquake hazards, in10 cluding— 

11 ‘‘(1) improvements to regional seismic networks 

12 in support of building a capability for earthquake 

13 early warning; 

14 ‘‘(2) improvements to geodetic networks in sup15 port of building a capability for earthquake early 

16 warning; and 

17 ‘‘(3) improvements to seismometers, Global Po18 sitioning System receivers, and associated infrastruc19 ture in support of building a capability for earth20 quake early warning.’’. 

21 SEC. 635. NATIONAL PUBLIC INFRASTRUCTURE 

22 PREDISASTER HAZARD MITIGATION. 

23 (a) PREDISASTER HAZARD MITIGATION.—Section 

24 203 of the Robert T. Stafford Disaster Relief and Emer25 gency Assistance Act (42 U.S.C. 5133) is amended— 


khammond on DSK30JT082PROD with BILLS
316 

•HR 4 IH

1 (1) in subsection (c) by inserting ‘‘Public Infra2 structure’’ after ‘‘the National’’; 

3 (2) in subsection (e)(1)(B)— 

4 (A) by striking ‘‘or’’ at the end of clause 

5 (ii); 

6 (B) by striking the period at the end of 

7 clause (iii) and inserting ‘‘; or’’; and 

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

9 ‘‘(iv) to establish and carry out en10 forcement activities to implement the latest 

11 published editions of relevant consensus12 based codes, specifications, and standards 

13 that incorporate the latest hazard-resistant 

14 designs and establish minimum acceptable 

15 criteria for the design, construction, and 

16 maintenance of residential structures and 

17 facilities that may be eligible for assistance 

18 under this Act for the purpose of pro19 tecting the health, safety, and general wel20 fare of the buildings’ users against disas21 ters.’’; 

22 (3) in subsection (f)— 

23 (A) in paragraph (1) by inserting ‘‘for 

24 mitigation activities that are cost effective’’ 

25 after ‘‘competitive basis’’; and 


khammond on DSK30JT082PROD with BILLS
317 

•HR 4 IH

1 (B) by adding at the end the following: 

2 ‘‘(3) REDISTRIBUTION OF UNOBLIGATED

3 AMOUNTS.—The President may— 

4 ‘‘(A) withdraw amounts of financial assist5 ance made available to a State (including 

6 amounts made available to local governments of 

7 a State) under this subsection that remain un8 obligated by the end of the third fiscal year 

9 after the fiscal year for which the amounts were 

10 allocated; and 

11 ‘‘(B) in the fiscal year following a fiscal 

12 year in which amounts were withdrawn under 

13 subparagraph (A), add the amounts to any 

14 other amounts available to be awarded on a 

15 competitive basis pursuant to paragraph (1).’’; 

16 (4) in subsection (g)— 

17 (A) in paragraph (9) by striking ‘‘and’’ at 

18 the end; 

19 (B) by redesignating paragraph (10) as 

20 paragraph (12); and 

21 (C) by adding after paragraph (9) the fol22 lowing: 

23 ‘‘(10) the extent to which the State or local 

24 government has facilitated the adoption and enforce25 ment of the latest published editions of relevant conVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
318 

•HR 4 IH

1 sensus-based codes, specifications, and standards 

2 that incorporate the latest hazard-resistant designs 

3 and establish criteria for the design, construction, 

4 and maintenance of residential structures and facili5 ties that may be eligible for assistance under this 

6 Act for the purpose of protecting the health, safety, 

7 and general welfare of the buildings’ users against 

8 disasters; 

9 ‘‘(11) the extent to which the assistance will 

10 fund activities that increase the level of resiliency; 

11 and’’; 

12 (5) by striking subsection (i) and inserting the 

13 following: 

14 ‘‘(i) NATIONAL PUBLIC INFRASTRUCTURE

15 PREDISASTER MITIGATION ASSISTANCE.— 

16 ‘‘(1) IN GENERAL.—The President may set 

17 aside from the Disaster Relief Fund, with respect to 

18 each major disaster, an amount equal to 6 percent 

19 of the estimated aggregate amount of the grants to 

20 be made pursuant to sections 403, 406, 407, 408, 

21 410, and 416 for the major disaster in order to pro22 vide technical and financial assistance under this 

23 section. 

24 ‘‘(2) ESTIMATED AGGREGATE AMOUNT.—Not 

25 later than 180 days after each major disaster decVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
319 

•HR 4 IH

1 laration pursuant to this Act, the estimated aggre2 gate amount of grants for purposes of paragraph (1) 

3 shall be determined by the President and such esti4 mated amount need not be reduced, increased, or 

5 changed due to variations in estimates. 

6 ‘‘(3) NO REDUCTION IN AMOUNTS.—The 

7 amount set aside pursuant to paragraph (1) shall 

8 not reduce the amounts otherwise made available for 

9 sections 403, 404, 406, 407, 408, 410, and 416 

10 under this Act.’’; and 

11 (6) by striking subsections (j) and (m) and re12 designating subsections (k), (l), and (n) as sub13 sections (j), (k), and (l), respectively. 

14 (b) APPLICABILITY.—The amendments made to sec15 tion 203 of the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act (42 U.S.C. 5133) by para17 graphs (3) and (5) of subsection (a) shall apply to funds 

18 appropriated after the date of enactment of this Act. 

19 SEC. 636. ADDITIONAL MITIGATION ACTIVITIES. 

20 (a) HAZARD MITIGATION CLARIFICATION.—Section 

21 404(a) of the Robert T. Stafford Disaster Relief and 

22 Emergency Assistance Act (42 U.S.C. 5170c(a)) is 

23 amended by striking the first sentence and inserting the 

24 following: ‘‘The President may contribute up to 75 percent 

25 of the cost of hazard mitigation measures which the PresiVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
320 

•HR 4 IH

1 dent has determined are cost effective and which substan2 tially reduce the risk of, or increase resilience to, future 

3 damage, hardship, loss, or suffering in any area affected 

4 by a major disaster.’’. 

5 (b) ELIGIBLE COST.—Section 406(e)(1)(A) of such 

6 Act (42 U.S.C. 5172(e)(1)(A)) is amended— 

7 (1) in the matter preceding clause (i), by insert8 ing after ‘‘section,’’ the following: ‘‘for disasters de9 clared on or after August 1, 2017, or a disaster in 

10 which a cost estimate has not yet been finalized for 

11 a project,’’; 

12 (2) in clause (i), by striking ‘‘and’’; 

13 (3) in clause (ii)— 

14 (A) by striking ‘‘codes, specifications, and 

15 standards’’ and inserting ‘‘the latest published 

16 editions of relevant consensus-based codes, 

17 specifications, and standards that incorporate 

18 the latest hazard-resistant designs and establish 

19 minimum acceptable criteria for the design, 

20 construction, and maintenance of residential 

21 structures and facilities that may be eligible for 

22 assistance under this Act for the purposes of 

23 protecting the health, safety, and general wel24 fare of a facility’s users against disasters’’; 


khammond on DSK30JT082PROD with BILLS
321 

•HR 4 IH

1 (B) by striking ‘‘applicable at the time at 

2 which the disaster occurred’’; and 

3 (C) by striking the period at the end and 

4 inserting ‘‘; and’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(iii) in a manner that allows the fa7 cility to meet the definition of resilient de8 veloped pursuant to this subsection.’’. 

9 (c) OTHER ELIGIBLE COST.—Section 406(e)(1) of 

10 such Act (42 U.S.C. 5172(e)(1)) is further amended by 

11 inserting at the end the following: 

12 ‘‘(C) CONTRIBUTIONS.—Contributions for 

13 the eligible cost made under this section may be 

14 provided on an actual cost basis or on cost-esti15 mation procedures.’’. 

16 (d) NEW RULES.—Section 406(e) of such Act (42 

17 U.S.C. 5172(e)) is further amended by adding at the end 

18 the following: 

19 ‘‘(5) NEW RULES.— 

20 ‘‘(A) IN GENERAL.—Not later than 18 

21 months after the date of enactment of this 

22 paragraph, the President, acting through the 

23 Administrator of the Federal Emergency Man24 agement Agency, shall issue a final rulemaking 


khammond on DSK30JT082PROD with BILLS
322 

•HR 4 IH

1 that defines the terms ‘resilient’ and ‘resiliency’ 

2 for purposes of this subsection. 

3 ‘‘(B) INTERIM GUIDANCE.—Not later than 

4 60 days after the date of enactment of this 

5 paragraph, the Administrator shall issue in6 terim guidance to implement this subsection. 

7 Such interim guidance shall expire 18 months 

8 after the date of enactment of this paragraph 

9 or upon issuance of final regulations pursuant 

10 to subparagraph (A), whichever occurs first. 

11 ‘‘(C) GUIDANCE.—Not later than 90 days 

12 after the date on which the Administrator 

13 issues the final rulemaking under this para14 graph, the Administrator shall issue any nec15 essary guidance related to the rulemaking. 

16 ‘‘(D) REPORT.—Not later than 2 years 

17 after the date of enactment of this paragraph, 

18 the Administrator shall submit to Congress a 

19 report summarizing the regulations and guid20 ance issued pursuant to this paragraph.’’. 

21 (e) CONFORMING AMENDMENT.—Section 205(d)(2) 

22 of the Disaster Mitigation Act of 2000 (Public Law 106– 

23 390) is amended by inserting ‘‘(B)’’ after ‘‘except that 

24 paragraph (1)’’. 


khammond on DSK30JT082PROD with BILLS
323 

•HR 4 IH

1 TITLE VII—FLIGHT R&D ACT 

2 Subtitle A—General Provisions 

3 SEC. 701. SHORT TITLE. 

4 This title may be cited as the ‘‘FAA Leadership in 

5 Groundbreaking High-Tech Research and Development 

6 Act’’ or the ‘‘FLIGHT R&D Act’’. 

7 SEC. 702. DEFINITIONS. 

8 In this title, the following definitions apply: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Federal 

11 Aviation Administration. 

12 (2) FAA.—The term ‘‘FAA’’ means the Fed13 eral Aviation Administration. 

14 (3) NASA.—The term ‘‘NASA’’ means the Na15 tional Aeronautics and Space Administration. 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Transportation. 

18 SEC. 703. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) AUTHORIZATIONS.—Section 48102(a) of title 49, 

20 United States Code, is amended— 

21 (1) in the matter before paragraph (1) by strik22 ing ‘‘and, for each of fiscal years 2012 through 

23 2015, under subsection (g)’’; 

24 (2) at the end of paragraph (9), by striking 

25 ‘‘and’’; and 


khammond on DSK30JT082PROD with BILLS
324 

•HR 4 IH

1 (3) by striking paragraph (10) and inserting 

2 the following: 

3 ‘‘(10) for fiscal year 2018, $181,000,000, in4 cluding— 

5 ‘‘(A) $128,500,000 for Safety Research 

6 and Development programs, including— 

7 ‘‘(i) Fire Research and Safety; 

8 ‘‘(ii) Propulsion and Fuel Systems; 

9 ‘‘(iii) Advanced Materials/Structural 

10 Safety; 

11 ‘‘(iv) Aircraft Icing/Digital System 

12 Safety; 

13 ‘‘(v) Continued Airworthiness; 

14 ‘‘(vi) Aircraft Catastrophic Failure 

15 Prevention Research; 

16 ‘‘(vii) Flightdeck/Maintenance/System 

17 Integration Human Factors; 

18 ‘‘(viii) System Safety Management; 

19 ‘‘(ix) Air Traffic Control/Technical 

20 Operations Human Factors; 

21 ‘‘(x) Aeromedical Research; 

22 ‘‘(xi) Weather Program; 

23 ‘‘(xii) Unmanned Aircraft Systems 

24 Research; 


khammond on DSK30JT082PROD with BILLS
325 

•HR 4 IH

1 ‘‘(xiii) NextGen–Alternative Fuels for 

2 General Aviation; 

3 ‘‘(xiv) Joint Planning and Develop4 ment Office; 

5 ‘‘(xv) Ocean and Other Remote Loca6 tions ATS Research Program; 

7 ‘‘(xvi) Cybersecurity Research Pro8 gram; 

9 ‘‘(xvii) Cybersecurity Threat Modeling 

10 Program; 

11 ‘‘(xviii) Single Piloted Commercial 

12 Cargo Aircraft Program; and 

13 ‘‘(xix) UAV-Manned Aircraft Collision 

14 Research Program; 

15 ‘‘(B) $26,000,000 for Economic Competi16 tiveness Research and Development programs, 

17 including— 

18 ‘‘(i) NextGen–Wake Turbulence; 

19 ‘‘(ii) NextGen–Air Ground Integration 

20 Human Factors; 

21 ‘‘(iii) Next Gen–Weather Technology 

22 in the Cockpit; and 

23 ‘‘(iv) Commercial Space Transpor24 tation Safety; 


khammond on DSK30JT082PROD with BILLS
326 

•HR 4 IH

1 ‘‘(C) $20,000,000 for Environmental Sus2 tainability Research and Development pro3 grams, including— 

4 ‘‘(i) Environment and Energy; and 

5 ‘‘(ii) NextGen–Environmental Re6 search–Aircraft Technologies, Fuels and 

7 Metrics; and 

8 ‘‘(D) $6,500,000 for Mission Support pro9 grams, including— 

10 ‘‘(i) System Planning and Resource 

11 Management; and 

12 ‘‘(ii) William J. Hughes Technical 

13 Center Laboratory Facility; 

14 ‘‘(11) for fiscal year 2019, $186,000,000, in15 cluding— 

16 ‘‘(A) $131,000,000 for Safety Research 

17 and Development programs, including— 

18 ‘‘(i) Fire Research and Safety; 

19 ‘‘(ii) Propulsion and Fuel Systems; 

20 ‘‘(iii) Advanced Materials/Structural 

21 Safety; 

22 ‘‘(iv) Aircraft Icing/Digital System 

23 Safety; 

24 ‘‘(v) Continued Airworthiness; 


khammond on DSK30JT082PROD with BILLS
327 

•HR 4 IH

1 ‘‘(vi) Aircraft Catastrophic Failure 

2 Prevention Research; 

3 ‘‘(vii) Flightdeck/Maintenance/System 

4 Integration Human Factors; 

5 ‘‘(viii) System Safety Management; 

6 ‘‘(ix) Air Traffic Control/Technical 

7 Operations Human Factors; 

8 ‘‘(x) Aeromedical Research; 

9 ‘‘(xi) Weather Program; 

10 ‘‘(xii) Unmanned Aircraft Systems 

11 Research; 

12 ‘‘(xiii) NextGen–Alternative Fuels for 

13 General Aviation; 

14 ‘‘(xiv) Joint Planning and Develop15 ment Office; 

16 ‘‘(xv) Ocean and Other Remote Loca17 tions ATS Research Program; 

18 ‘‘(xvi) Cybersecurity Research Pro19 gram; 

20 ‘‘(xvii) Cybersecurity Threat Modeling 

21 Program; 

22 ‘‘(xviii) Single Piloted Commercial 

23 Cargo Aircraft Program; and 

24 ‘‘(xix) UAV-Manned Aircraft Collision 

25 Research Program; 


khammond on DSK30JT082PROD with BILLS
328 

•HR 4 IH

1 ‘‘(B) $28,000,000 for Economic Competi2 tiveness Research and Development programs, 

3 including— 

4 ‘‘(i) NextGen–Wake Turbulence; 

5 ‘‘(ii) NextGen–Air Ground Integration 

6 Human Factors; 

7 ‘‘(iii) Next Gen–Weather Technology 

8 in the Cockpit; and 

9 ‘‘(iv) Commercial Space Transpor10 tation Safety; 

11 ‘‘(C) $20,000,000 for Environmental Sus12 tainability Research and Development pro13 grams, including— 

14 ‘‘(i) Environment and Energy; and 

15 ‘‘(ii) NextGen–Environmental Re16 search–Aircraft Technologies, Fuels and 

17 Metrics; and 

18 ‘‘(D) $7,000,000 for Mission Support pro19 grams, including— 

20 ‘‘(i) System Planning and Resource 

21 Management; and 

22 ‘‘(ii) William J. Hughes Technical 

23 Center Laboratory Facility; 

24 ‘‘(12) for fiscal year 2020, $190,000,000, in25 cluding— 


khammond on DSK30JT082PROD with BILLS
329 

•HR 4 IH

1 ‘‘(A) $133,500,000 for Safety Research 

2 and Development programs, including— 

3 ‘‘(i) Fire Research and Safety; 

4 ‘‘(ii) Propulsion and Fuel Systems; 

5 ‘‘(iii) Advanced Materials/Structural 

6 Safety; 

7 ‘‘(iv) Aircraft Icing/Digital System 

8 Safety; 

9 ‘‘(v) Continued Airworthiness; 

10 ‘‘(vi) Aircraft Catastrophic Failure 

11 Prevention Research; 

12 ‘‘(vii) Flightdeck/Maintenance/System 

13 Integration Human Factors; 

14 ‘‘(viii) System Safety Management; 

15 ‘‘(ix) Air Traffic Control/Technical 

16 Operations Human Factors; 

17 ‘‘(x) Aeromedical Research; 

18 ‘‘(xi) Weather Program; 

19 ‘‘(xii) Unmanned Aircraft Systems 

20 Research; 

21 ‘‘(xiii) NextGen–Alternative Fuels for 

22 General Aviation; 

23 ‘‘(xiv) Joint Planning and Develop24 ment Office; 


khammond on DSK30JT082PROD with BILLS
330 

•HR 4 IH

1 ‘‘(xv) Ocean and Other Remote Loca2 tions ATS Research Program; 

3 ‘‘(xvi) Cybersecurity Research Pro4 gram; 

5 ‘‘(xvii) Cybersecurity Threat Modeling 

6 Program; 

7 ‘‘(xviii) Single Piloted Commercial 

8 Cargo Aircraft Program; and 

9 ‘‘(xix) UAV-Manned Aircraft Collision 

10 Research Program; 

11 ‘‘(B) $29,000,000 for Economic Competi12 tiveness Research and Development programs, 

13 including— 

14 ‘‘(i) NextGen–Wake Turbulence; 

15 ‘‘(ii) NextGen–Air Ground Integration 

16 Human Factors; 

17 ‘‘(iii) Next Gen–Weather Technology 

18 in the Cockpit; and 

19 ‘‘(iv) Commercial Space Transpor20 tation Safety; 

21 ‘‘(C) $20,000,000 for Environmental Sus22 tainability Research and Development pro23 grams, including— 

24 ‘‘(i) Environment and Energy; and 


khammond on DSK30JT082PROD with BILLS
331 

•HR 4 IH

1 ‘‘(ii) NextGen–Environmental Re2 search–Aircraft Technologies, Fuels and 

3 Metrics; and 

4 ‘‘(D) $7,500,000 for Mission Support pro5 grams, including— 

6 ‘‘(i) System Planning and Resource 

7 Management; and 

8 ‘‘(ii) William J. Hughes Technical 

9 Center Laboratory Facility; 

10 ‘‘(13) for fiscal year 2021, $195,000,000; 

11 ‘‘(14) for fiscal year 2022, $200,000,000; and 

12 ‘‘(15) for fiscal year 2023, $204,000,000.’’. 

13 (b) CONTINGENCY FUNDING.—Section 48102(b) of 

14 title 49, United States, Code, is amended by inserting 

15 after paragraph (3) the following: 

16 ‘‘(4) Notwithstanding subsection (a), no funds are 

17 authorized for a fiscal year for Environmental Sustain18 ability Research and Development programs unless the 

19 full amount authorized for that fiscal year under sub20 section (a) for the all of the following programs is appro21 priated for that fiscal year: 

22 ‘‘(A) Safety Research and Development pro23 grams. 

24 ‘‘(B) Economic Competitiveness Research and 

25 Development programs. 


khammond on DSK30JT082PROD with BILLS
332 

•HR 4 IH

1 ‘‘(C) Mission Support programs.’’. 

2 (c) ANNUAL SUBMISSION OF THE NATIONAL AVIA3 TION RESEARCH PLAN.—Section 48102(g) of title 49, 

4 United States, Code, is amended to read as follows: 

5 ‘‘(g) ANNUAL SUBMISSION OF THE NATIONAL AVIA6 TION RESEARCH PLAN.—Notwithstanding subsection (a), 

7 no funds are authorized to be appropriated for the Office 

8 of the Administrator for a fiscal year unless the Secretary 

9 has submitted the national aviation research plan to Con10 gress no later than the date of submission of the Presi11 dent’s budget request to Congress for that fiscal year, as 

12 required under section 44501(c).’’. 

13 Subtitle B—FAA Research and 

14 Development Organization 

15 SEC. 711. ASSOCIATE ADMINISTRATOR FOR RESEARCH AND 

16 DEVELOPMENT. 

17 (a) APPOINTMENT.—Not later than 3 months after 

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

19 appoint an Associate Administrator for Research and De20 velopment. 

21 (b) SENIOR EXECUTIVE SERVICE.—The Associate 

22 Administrator for Research and Development shall be a 

23 Senior Executive Service position. 


khammond on DSK30JT082PROD with BILLS
333 

•HR 4 IH

1 (c) RESPONSIBILITIES.—The Associate Adminis2 trator for Research and Development shall, at a minimum, 

3 be responsible for— 

4 (1) management and oversight of all the FAA’s 

5 research and development programs and activities; 

6 and 

7 (2) production of all congressional reports from 

8 the FAA relevant to research and development, in9 cluding the national aviation research plan required 

10 under section 44501(c) of title 49, United States 

11 Code. 

12 (d) DUAL APPOINTMENT.—The Associate Adminis13 trator for Research and Development may be a dual-ap14 pointment, holding the responsibilities of another Asso15 ciate Administrator. 

16 SEC. 712. RESEARCH ADVISORY COMMITTEE. 

17 (a) ADVICE AND RECOMMENDATIONS.—Section 

18 44508(a)(1)(A) of title 49, United States Code, is amend19 ed to read as follows: 

20 ‘‘(A) provide advice and recommendations to 

21 the Administrator of the Federal Aviation Adminis22 tration and Congress about needs, objectives, plans, 

23 approaches, content, and accomplishments of all 

24 aviation research and development activities and 

25 programs carried out, including those under sections 


khammond on DSK30JT082PROD with BILLS
334 

•HR 4 IH

1 40119, 44504, 44505, 44507, 44511–44513, and 

2 44912 of this title;’’. 

3 (b) WRITTEN REPLY TO RESEARCH ADVISORY COM4 MITTEE.—Section 44508 of title 49, United States Code, 

5 is amended by adding at the end the following: 

6 ‘‘(f) WRITTEN REPLY.— 

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

8 after receiving any recommendation from the re9 search advisory committee, the Administrator shall 

10 provide a written reply to the research advisory com11 mittee that, at a minimum— 

12 ‘‘(A) clearly states whether the Adminis13 trator accepts or rejects the recommendations; 

14 ‘‘(B) explains the rationale for the Admin15 istrator’s decision; 

16 ‘‘(C) sets forth the timeframe in which the 

17 Administrator will implement the recommenda18 tion; and 

19 ‘‘(D) describes the steps the Administrator 

20 will take to implement the recommendation. 

21 ‘‘(2) TRANSPARENCY.—The written reply to the 

22 research advisory committee, when transmitted to 

23 the research advisory committee, shall be— 

24 ‘‘(A) made publicly available on the re25 search advisory committee website; and 


khammond on DSK30JT082PROD with BILLS
335 

•HR 4 IH

1 ‘‘(B) transmitted to the Committee on 

2 Science, Space, and Technology of the House of 

3 Representatives and the Committee on Com4 merce, Science, and Transportation of the Sen5 ate. 

6 ‘‘(3) NATIONAL AVIATION RESEARCH PLAN.— 

7 The national aviation research plan required under 

8 section 44501(c) shall include a summary of all re9 search advisory committee recommendations and a 

10 description of the status of their implementation.’’. 

11 Subtitle C—Unmanned Aircraft 

12 Systems 

13 SEC. 721. UNMANNED AIRCRAFT SYSTEMS RESEARCH AND 

14 DEVELOPMENT ROADMAP. 

15 No funds are authorized to be appropriated for the 

16 Office of the Administrator for a fiscal year unless the 

17 Secretary has submitted the unmanned aircraft systems 

18 roadmap to Congress on an annual basis as required 

19 under section 45502(a) of title 49, United States Code, 

20 (as added by this Act). 

21 SEC. 722. PROBABILISTIC METRICS FOR EXEMPTIONS. 

22 (a) STUDY.—Not later than 30 days after the date 

23 of enactment of this Act, the Administrator shall commis24 sion an independent study to— 


khammond on DSK30JT082PROD with BILLS
336 

•HR 4 IH

1 (1) develop parameters to conduct research and 

2 development for probabilistic metrics to enable the 

3 identification of hazards and the assessment of risks 

4 as necessary to make determinations under section 

5 45505(a) of title 49, United States Code, (as added 

6 by this Act) that certain unmanned aircraft systems 

7 may operate safely in the national airspace system; 

8 (2) identify additional research needed to more 

9 effectively develop and use such metrics and make 

10 such determinations; and 

11 (3) in developing parameters for probabilistic 

12 metrics, this study shall take into account the utility 

13 of performance standards to make determinations 

14 under section 45505(a) of title 49, United States 

15 Code, (as added by this Act). 

16 (b) CONSIDERATION OF RESULTS.—The Adminis17 trator shall consider the results of the study conducted 

18 under subsection (a) when making a determination de19 scribed in subsection (a)(1). 

20 (c) REPORT.—Not later than 9 months after the date 

21 of enactment of this Act, the Administrator shall transmit 

22 the results of the study conducted under subsection (a) 

23 to the Committee on Science, Space, and Technology of 

24 the House of Representatives and the Committee on Com25 merce, Science, and Transportation of the Senate. 


khammond on DSK30JT082PROD with BILLS
337 

•HR 4 IH

1 SEC. 723. PROBABILISTIC ASSESSMENT OF RISKS. 

2 The Administrator shall conduct research and devel3 opment to enable a probabilistic assessment of risks to in4 form requirements for standards for operational certifi5 cation of public unmanned aircraft systems in the national 

6 airspace. 

7 SEC. 724. UNMANNED AERIAL VEHICLE-MANNED AIRCRAFT 

8 COLLISION RESEARCH. 

9 (a) RESEARCH.—The Administrator shall coordinate 

10 with NASA to conduct comprehensive testing of un11 manned aerial vehicles colliding with a manned aircraft, 

12 including— 

13 (1) collisions between unmanned aerial vehicles 

14 of various sizes, traveling at various speeds, and 

15 commercial jet airliners of various sizes, traveling at 

16 various speeds; 

17 (2) collisions between unmanned aerial vehicles 

18 of various sizes, traveling at various speeds, and pro19 peller planes of various sizes, traveling at various 

20 speeds; 

21 (3) collisions between unmanned aerial vehicles 

22 of various sizes, traveling at various speeds, and 

23 blimps of various sizes, traveling at various speeds; 

24 (4) collisions between unmanned aerial vehicles 

25 of various sizes, traveling at various speeds, and 


khammond on DSK30JT082PROD with BILLS
338 

•HR 4 IH

1 rotorcraft of various sizes, traveling at various 

2 speeds; and 

3 (5) collisions between unmanned aerial vehicles 

4 and various parts of the aforementioned aircraft, in5 cluding— 

6 (A) windshields; 

7 (B) noses; 

8 (C) engines; 

9 (D) radomes; 

10 (E) propellers; and 

11 (F) wings. 

12 (b) REPORT.—Not later than one year after the date 

13 of enactment of this Act, the Administrator shall transmit 

14 a report summarizing the costs and results of research 

15 under this section to the Committee on Science, Space, 

16 and Technology of the House of Representatives and the 

17 Committee on Commerce, Science, and Transportation of 

18 the Senate. 

19 SEC. 725. SPECIAL RULE FOR RESEARCH AND DEVELOP20 MENT. 

21 Except as necessary to support enforcement action 

22 under applicable provisions of law against persons oper23 ating unmanned aircraft in a manner that endangers the 

24 safety of the national airspace system, notwithstanding 

25 any other provision of law relating to the incorporation 


khammond on DSK30JT082PROD with BILLS
339 

•HR 4 IH

1 of unmanned aircraft systems into FAA plans and policies, 

2 the Administrator may not promulgate any rule or regula3 tion regarding the operation of an unmanned aircraft sys4 tem— 

5 (1) that is flown strictly for research and devel6 opment use; 

7 (2) that is operated less than 400 feet above 

8 the ground and in Class G airspace; 

9 (3) that is operated in a manner that does not 

10 interfere with and gives way to any manned aircraft; 

11 and 

12 (4) when flown within 5 miles of an airport, the 

13 operator of the aircraft provides the airport operator 

14 and the airport air traffic control tower (when an air 

15 traffic facility is located at the airport) with prior 

16 notice of the operation (unmanned aircraft operators 

17 flying from a permanent location within 5 miles of 

18 an airport should establish a mutually-agreed upon 

19 operating procedure with the airport operator and 

20 the airport air traffic control tower (when an air 

21 traffic facility is located at the airport)). 


khammond on DSK30JT082PROD with BILLS
340 

•HR 4 IH

1 SEC. 726. BEYOND LINE-OF-SIGHT RESEARCH AND DEVEL2 OPMENT. 

3 (a) AMENDMENTS.—Section 332(c)(2) the FAA 

4 Modernization and Reform Act of 2012 (49 U.S.C. 40101 

5 note) is amended— 

6 (1) by striking ‘‘Administrator shall’’ and in7 serting ‘‘Administrator’’; 

8 (2) at the beginning of each of subparagraphs 

9 (A) through (F), by inserting ‘‘shall’’; 

10 (3) at the end of subparagraph (E), by striking 

11 ‘‘and’’; 

12 (4) at the end of subparagraph (F), by striking 

13 the period and inserting a semicolon; and 

14 (5) by adding at the end the following new sub15 paragraphs: 

16 ‘‘(G) shall allow beyond line-of-sight oper17 ation of unmanned aircraft systems to be flown 

18 within the boundaries of a test range estab19 lished under this subsection; 

20 ‘‘(H) may promulgate regulations gov21 erning beyond line-of-sight operation of un22 manned aircraft systems flown within the 

23 boundaries of a test range established under 

24 this subsection for the purposes of public safe25 ty; and 


khammond on DSK30JT082PROD with BILLS
341 

•HR 4 IH

1 ‘‘(I) shall allow NASA to authorize oper2 ation of beyond line-of-sight unmanned aircraft 

3 systems within the boundaries of any NASA 

4 center or facility.’’. 

5 (b) STATUTORY CONSTRUCTION.—Nothing in the 

6 amendments made by subsection (a) shall be construed to 

7 limit the authority of the Administrator to pursue enforce8 ment action under applicable provisions of law against per9 sons operating unmanned aircraft in a manner that en10 dangers the safety of the national airspace system. 

11 Subtitle D—Cybersecurity 

12 SEC. 731. CYBER TESTBED. 

13 Not later than 6 months after the date of enactment 

14 of this Act, the Administrator shall develop an integrated 

15 Cyber Testbed for research, development, evaluation, and 

16 validation of air traffic control modernization programs or 

17 technologies, before they enter the national airspace sys18 tem, as being compliant with FAA data security regula19 tions. The Cyber Testbed shall be part of an integrated 

20 research and development test environment capable of cre21 ating, identifying, defending, and solving cybersecurity-re22 lated problems for the national airspace system. This inte23 grated test environment shall incorporate integrated test 

24 capacities within the FAA related to the national airspace 

25 system and NextGen. 


khammond on DSK30JT082PROD with BILLS
342 

•HR 4 IH

1 SEC. 732. CABIN COMMUNICATIONS, ENTERTAINMENT, AND 

2 INFORMATION TECHNOLOGY SYSTEMS CY3 BERSECURITY VULNERABILITIES. 

4 (a) EVALUATION.—The Administrator shall evaluate 

5 and determine the research and development needs associ6 ated with cybersecurity vulnerabilities of cabin commu7 nications, entertainment, and information technology sys8 tems on civil passenger aircraft. This evaluation shall in9 clude research and development to address— 

10 (1) technical risks and vulnerabilities; 

11 (2) potential impacts on the national airspace 

12 and public safety; and 

13 (3) identification of deficiencies in cabin-based 

14 cybersecurity. 

15 (b) ASSESSMENT.—The Administrator shall— 

16 (1) conduct an assessment of opportunities to 

17 cooperate with the private sector in conducting air18 craft in-cabin cybersecurity research and develop19 ment; and 

20 (2) provide recommendations to improve re21 search and development on cabin-based cybersecurity 

22 vulnerabilities. 

23 (c) REPORT.—Not later than 9 months after the date 

24 of enactment of this Act, the Administrator shall transmit 

25 a report on the results of activities under this section to 

26 the Committee on Science, Space, and Technology of the 


khammond on DSK30JT082PROD with BILLS
343 

•HR 4 IH

1 House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate. This 

3 report may contain classified annexes. 

4 SEC. 733. CYBERSECURITY THREAT MODELING. 

5 (a) PROGRAM.— 

6 (1) IN GENERAL.—The Administrator shall con7 sult the National Institute of Standards and Tech8 nology to research and develop an internal FAA cy9 bersecurity threat modeling program to detect cyber10 security vulnerabilities, track how those 

11 vulnerabilities might be exploited, and assess the 

12 magnitude of harm that could be caused by the ex13 ploitation of those vulnerabilities. 

14 (2) UPDATES.—This program shall be updated 

15 regularly, not less than once every 5 years. 

16 (b) REPORT.—Not later than one year after the date 

17 of enactment of this Act, and within 7 days of each threat 

18 modeling program update under subsection (a)(2), the Ad19 ministrator shall transmit a report to the Committee on 

20 Science, Space, and Technology of the House of Rep21 resentatives and the Committee on Commerce, Science, 

22 and Transportation of the Senate detailing the status, re23 sults, and composition of the threat modeling program. 


khammond on DSK30JT082PROD with BILLS
344 

•HR 4 IH

1 SEC. 734. NATIONAL INSTITUTE OF STANDARDS AND TECH2 NOLOGY CYBERSECURITY STANDARDS. 

3 Not later than 6 months after the date of enactment 

4 of this Act, the FAA shall, in consultation with the Na5 tional Institute of Standards and Technology, transmit to 

6 the Committee on Science, Space, and Technology of the 

7 House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate a report 

9 that includes— 

10 (1) a cybersecurity standards plan to implement 

11 National Institute of Standards and Technology re12 visions to cybersecurity guidance documents within 

13 timeframes set by the Office of Management and 

14 Budget; and 

15 (2) an explanation of why any such rec16 ommendations are not incorporated in the plan or 

17 are not incorporated within such timeframes. 

18 SEC. 735. CYBERSECURITY RESEARCH COORDINATION. 

19 The Administrator shall, where feasible, cooperate on 

20 cybersecurity research and development with other inter21 national air traffic management organizations, including 

22 the European Aviation Safety Agency, the United King23 dom Civil Aviation Authority, Nav Canada, and 

24 Airservices Australia. 


khammond on DSK30JT082PROD with BILLS
345 

•HR 4 IH

1 SEC. 736. CYBERSECURITY RESEARCH AND DEVELOPMENT 

2 PROGRAM. 

3 (a) ESTABLISHMENT.—Not later than 6 months after 

4 the date of enactment of this Act, the FAA, in consulta5 tion with other agencies as appropriate, shall establish a 

6 research and development program to improve the cyber7 security of civil aircraft and the national airspace system. 

8 (b) PLAN.— 

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

10 the date of enactment of this Act, the FAA shall de11 velop a plan for the research and development pro12 gram established under subsection (a) that contains 

13 objectives, proposed tasks, milestones, and a 5-year 

14 budgetary profile. 

15 (2) NATIONAL ACADEMIES’ STUDY.—The Ad16 ministrator shall— 

17 (A) enter into an arrangement with the 

18 National Academies for a study of the plan de19 veloped under paragraph (1); and 

20 (B) provide the results of that study to the 

21 Committee on Science, Space, and Technology 

22 of the House of Representatives and the Com23 mittee on Commerce, Science, and Transpor24 tation of the Senate not later than 18 months 

25 after the date of enactment of this Act. 


khammond on DSK30JT082PROD with BILLS
346 

•HR 4 IH

1 Subtitle E—FAA Research and 

2 Development Activities 

3 SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF 

4 NEW TECHNOLOGIES INTO THE NATIONAL 

5 AIRSPACE SYSTEM. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Administrator, in consultation with NASA, 

8 shall transmit a comprehensive research plan for the cer9 tification of new technologies into the national airspace 

10 system to the Committee on Science, Space, and Tech11 nology of the House of Representatives and the Committee 

12 on Commerce, Science, and Transportation of the Senate. 

13 This plan shall identify research necessary to support the 

14 certification and implementation of NextGen, including 

15 both ground and air elements, and explain the plan’s rela16 tionship to other activities and procedures required for 

17 certification and implementation of new technologies into 

18 the national airspace system. This plan shall be informed 

19 by and conform to the recommendations of the National 

20 Research Council report titled ‘‘Transformation in the 

21 Air—A Review of the FAA Research Plan’’, issued on 

22 June 8, 2015. This report shall include, at a minimum— 

23 (1) a description of the strategic and prescrip24 tive value of the research plan; 


khammond on DSK30JT082PROD with BILLS
347 

•HR 4 IH

1 (2) an explanation of the expected outcomes 

2 from executing the plan; 

3 (3) an assessment of the FAA’s plan to use re4 search and development to improve cybersecurity 

5 over the next 5 years, taking into account the cyber6 security research and development plan developed 

7 under section 736(b); 

8 (4) an assessment of the current software as9 surance practices, and the desired level or attributes 

10 to target in the software assurance program; 

11 (5) cost estimates, planned schedules, and per12 formance benchmarks, including specific tasks, mile13 stones, and timelines and including an identification 

14 of cost and schedule reserves, for the certification of 

15 new technologies into the national airspace system, 

16 including NextGen, Automatic Dependent Surveil17 lance-Broadcast, Data Communications, National 

18 Airspace System Voice System, Collaborative Air 

19 Traffic Management Technologies, NextGen Weath20 er, and System Wide Information Management; 

21 (6) methods for integrating emerging tech22 nologies throughout NextGen’s development, certifi23 cation, and implementation process; and 


khammond on DSK30JT082PROD with BILLS
348 

•HR 4 IH

1 (7) best practices in research and development 

2 used by other organizations, such as NASA, 

3 NavCanada, and Eurocontrol. 

4 SEC. 742. AVIATION FUEL RESEARCH, DEVELOPMENT, AND 

5 USAGE. 

6 The Administrator may conduct or supervise re7 search, development, and service testing, currently being 

8 conducted under the Piston Aviation Fuels Initiative 

9 (PAFI) unleaded avgas program, that is required to allow 

10 the use of an unleaded aviation gasoline in existing air11 craft as a replacement for leaded gasoline. 

12 SEC. 743. AIR TRAFFIC SURVEILLANCE OVER OCEANS AND 

13 OTHER REMOTE LOCATIONS. 

14 (a) ESTABLISHMENT OF PROGRAM.—The Adminis15 trator, in consultation with NASA and other relevant 

16 agencies, shall establish a research and development pro17 gram on civilian air traffic surveillance over oceans and 

18 other remote locations. Such program shall— 

19 (1) take into account the need for international 

20 interoperability of technologies and air traffic control 

21 systems; and 

22 (2) recognize that Automatic Dependent Sur23 veillance-Broadcast (ADS–B) is an element of the 

24 Next Generation Air Transportation System. 


khammond on DSK30JT082PROD with BILLS
349 

•HR 4 IH

1 (b) PILOT PROGRAM.—The Administrator shall es2 tablish a pilot program to test, evaluate, and certify for 

3 integration into the national airspace system air traffic 

4 surveillance equipment for oceans and other remote loca5 tions. 

6 (c) PARTNERSHIP WITH PRIVATE INDUSTRY.—The 

7 Administrator shall partner with private industry on the 

8 research, development, testing, and evaluation under this 

9 section. 

10 (d) REPORT.—Not later than 18 months after the 

11 date of enactment of this Act, the Administrator shall 

12 transmit a report on activities under this section to the 

13 Committee on Science, Space, and Technology of the 

14 House of Representatives and the Committee on Com15 merce, Science, and Transportation of the Senate. 

16 SEC. 744. SINGLE-PILOTED COMMERCIAL CARGO AIR17 CRAFT. 

18 (a) PROGRAM.—The FAA, in consultation with 

19 NASA and other relevant agencies, shall establish a re20 search and development program in support of single-pi21 loted cargo aircraft assisted with remote piloting and com22 puter piloting. 

23 (b) REVIEW.—The FAA, in consultation with NASA, 

24 shall conduct a review of FAA research and development 


khammond on DSK30JT082PROD with BILLS
350 

•HR 4 IH

1 activities in support of single-piloted cargo aircraft as2 sisted with remote piloting and computer piloting. 

3 (c) REPORT.—Not later than 6 months after the date 

4 of enactment of this Act, the Administrator shall transmit 

5 a report to the Committee on Science, Space, and Tech6 nology of the House of Representatives and the Committee 

7 on Commerce, Science, and Transportation of the Senate 

8 that describes— 

9 (1) the program established under subsection 

10 (a); and 

11 (2) the results of the review conducted under 

12 subsection (b). 

13 SEC. 745. ELECTROMAGNETIC SPECTRUM RESEARCH AND 

14 DEVELOPMENT. 

15 The Administrator shall develop a program to re16 search the use of spectrum in the civil aviation domain, 

17 including aircraft and unmanned aircraft systems. This 

18 research shall, at a minimum, address— 

19 (1) how, operating within an Unmanned Air20 craft System Traffic Management system, un21 manned aircraft systems can safely use, for control 

22 link, tracking, diagnostics, payload communication, 

23 collaborative-collision avoidance (e.g. vehicle-to-vehi24 cle communications), and other purposes— 

25 (A) aviation-protected spectrum; 


khammond on DSK30JT082PROD with BILLS
351 

•HR 4 IH

1 (B) commercial communications networks, 

2 such as mobile communications networks; and 

3 (C) any other licensed or unlicensed spec4 trum; 

5 (2) how the reallocation of spectrum assigned 

6 for use within frequency bands adjacent to those al7 located for position, navigation, and timing may im8 pact the safety of civil aviation; and 

9 (3) measures to protect and mitigate against 

10 spectrum interference in frequency bands used by 

11 the civil aviation community to ensure public safety. 

12 TITLE VIII—AVIATION REVENUE 

13 PROVISIONS 

14 SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND 

15 AIRWAY TRUST FUND. 

16 (a) IN GENERAL.—Section 9502(d)(1) of the Inter17 nal Revenue Code of 1986 is amended— 

18 (1) in the matter preceding subparagraph (A) 

19 by striking ‘‘October 1, 2018’’ and inserting ‘‘Octo20 ber 1, 2023’’; and 

21 (2) in subparagraph (A) by striking the semi22 colon at the end and inserting ‘‘or the FAA Reau23 thorization Act of 2018;’’. 


khammond on DSK30JT082PROD with BILLS
352 

•HR 4 IH

1 (b) CONFORMING AMENDMENT.—Section 9502(e)(2) 

2 of such Code is amended by striking ‘‘October 1, 2018’’ 

3 and inserting ‘‘October 1, 2023’’. 

4 SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND 

5 AIRWAY TRUST FUND. 

6 (a) FUEL TAXES.—Section 4081(d)(2)(B) of the In7 ternal Revenue Code of 1986 is amended by striking ‘‘Sep8 tember 30, 2018’’ and inserting ‘‘September 30, 2023’’. 

9 (b) TICKET TAXES.— 

10 (1) PERSONS.—Section 4261(k)(1)(A)(ii) of 

11 such Code is amended by striking ‘‘September 30, 

12 2018’’ and inserting ‘‘September 30, 2023’’. 

13 (2) PROPERTY.—Section 4271(d)(1)(A)(ii) of 

14 such Code is amended by striking ‘‘September 30, 

15 2018’’ and inserting ‘‘September 30, 2023’’. 

16 (c) FRACTIONAL OWNERSHIP PROGRAMS.— 

17 (1) FUEL TAX.—Section 4043(d) of such Code 

18 is amended by striking ‘‘September 30, 2021’’ and 

19 inserting ‘‘September 30, 2023’’. 

20 (2) TREATMENT AS NONCOMMERCIAL AVIA21 TION.—Section 4083(b) of such Code is amended by 

22 striking ‘‘October 1, 2018’’ and inserting ‘‘October 

23 1, 2023’’. 

24 (3) EXEMPTION FROM TICKET TAXES.—Section 

25 4261(j) of such Code is amended by striking ‘‘SepVerDate Sep 11 2014 20:11 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\H4.IH H4

khammond on DSK30JT082PROD with BILLS
353 

•HR 4 IH

1 tember 30, 2018’’ and inserting ‘‘September 30, 

2 2023’’. 

Æ 


khammond on DSK30JT082PROD with BILLS