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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2453 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 2453

             To promote the launch of aviation's next era.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2021

 Mr. Inhofe (for himself and Mr. King) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
             To promote the launch of aviation's next era.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION OF ADMINISTRATOR.

    (a) Short Title.--This Act may be cited as the ``Promoting the 
Launch of Aviation's Next Era Act of 2021'' or the ``PLANE Act of 
2021''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; definition of Administrator.
                      TITLE I--FAIRNESS FOR PILOTS

Sec. 101. Expansion of Pilot's Bill of Rights.
Sec. 102. Enhancing protections for the aviation community.
Sec. 103. Limitations on reexamination of certificate holders.
Sec. 104. Aviation rulemaking and exemption petition due process.
Sec. 105. Timely resolution of investigations.
TITLE II--FORWARD LOOKING INVESTMENT IN GENERAL AVIATION, HANGARS, AND 
                          TARMACS (FLIGHT ACT)

Sec. 201. Establishment of public private-partnership program at 
                            general aviation airports.
Sec. 202. General aviation airport entitlement reform.
Sec. 203. Disaster relief airports.
Sec. 204. Airport development relating to disaster relief.
Sec. 205. Funding for projects as disaster relief airports.
Sec. 206. Revision of automated weather observing systems (AWOS) 
                            policy.
        TITLE III--SECURING AND REVITALIZING AVIATION (SARA ACT)

Sec. 301. Limitation of liability for certain individuals designated as 
                            representatives of the Federal Aviation 
                            Administration.
                TITLE IV--AIR TRAFFIC CONTROLLER REFORMS

Sec. 401. Federal Aviation Administration Academy.
Sec. 402. Practical experience for air traffic controllers.
                      TITLE V--AVIATION FUEL TAXES

Sec. 501. Treatment of fuel for use in aviation.
      TITLE VI--VOLUNTARY SURRENDER OF REPAIR STATION CERTIFICATE

Sec. 601. Revision of certain regulations relating to repair station 
                            certificates.
    (c) Definition of Administrator.--In this Act, the term 
``Administrator'' means the Administrator of the Federal Aviation 
Administration.

                      TITLE I--FAIRNESS FOR PILOTS

SEC. 101. EXPANSION OF PILOT'S BILL OF RIGHTS.

    (a) Appeals of Suspended and Revoked Airman Certificates.--Section 
2(d)(1) of the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 
1159; 49 U.S.C. 44703 note) is amended by striking ``or imposing a 
punitive civil action or an emergency order of revocation under 
subsections (d) and (e) of section 44709 of such title'' and inserting 
``suspending or revoking an airman certificate under section 44709(d) 
of such title, or imposing an emergency order of revocation under 
subsections (d) and (e) of section 44709 of such title''.
    (b) De Novo Review by District Court; Burden of Proof.--Section 
2(e) of the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 
49 U.S.C. 44703 note) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--In an appeal filed under subsection (d) 
        in a United States district court with respect to a denial, 
        suspension, or revocation of an airman certificate by the 
        Administrator--
                    ``(A) the district court shall review the denial, 
                suspension, or revocation de novo, including by--
                            ``(i) conducting a full independent formal 
                        examination of evidence before a judge, and 
                        jury as may be applicable, including a review 
                        of the complete administrative record of the 
                        denial, suspension, or revocation;
                            ``(ii) permitting additional discovery and 
                        the taking of additional evidence; and
                            ``(iii) making the findings of fact and 
                        conclusions of law required by Rule 52 of the 
                        Federal Rules of Civil Procedure without being 
                        bound to any findings of fact of the 
                        Administrator or the National Transportation 
                        Safety Board.'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Burden of proof.--In an appeal filed under subsection 
        (d) in a United States district court after an exhaustion of 
        administrative remedies, the burden of proof shall be as 
        follows:
                    ``(A) In an appeal of the denial of an application 
                for the issuance or renewal of an airman certificate 
                under section 44703 of title 49, United States Code, 
                the burden of proof shall be upon the applicant denied 
                an airman certificate by the Administrator.
                    ``(B) In an appeal of an order issued by the 
                Administrator under section 44709 of title 49, United 
                States Code, the burden of proof shall be upon the 
                Administrator.''; and
            (4) by adding at the end the following:
            ``(4) Applicability of administrative procedure act.--
        Notwithstanding paragraph (1)(A) of this subsection or 
        subsection (a)(1) of section 554 of title 5, United States 
        Code, section 554 of such title shall apply to adjudications of 
        the Administrator and the National Transportation Safety Board 
        to the same extent as that section applied to such 
        adjudications before the date of enactment of the Promoting the 
        Launch of Aviation's Next Era Act of 2021.''.

SEC. 102. ENHANCING PROTECTIONS FOR THE AVIATION COMMUNITY.

    (a) NTSB Review of Application for Airman Certificate.--Section 
44703(d) of title 49, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1), the following new 
        paragraph:
    ``(3)(A) In the case of an application for the issuance of an 
airman medical certificate, the National Transportation Safety Board 
may review a denial that may not be considered a final denial by the 
Administrator when the Administrator has twice reconsidered the 
application and sustained a previous denial on that application.
    ``(B) The Administrator's failure to rule upon a request for 
reconsideration of the denial of issuance of an airman medical 
certificate within 60 days of the date on which the application to 
reconsider is submitted to the Administrator shall be deemed to be a 
denial of the application.''.
    (b) Voluntary Surrender of an Airman Medical Certificate.--Section 
44703 of title 49, United States Code, is amended by adding at the end 
the following new subsection:
    ``(l) Voluntary Surrender of an Airman Medical Certificate.--An 
airman may voluntarily surrender an airman medical certificate issued 
under this section for cancellation at any time, unless the certificate 
has been suspended or revoked by a Federal Aviation Administration 
order of suspension or revocation at the time of the voluntary 
surrender.''.
    (c) Appeals.--Section 44703(d)(1) of title 49, United States Code, 
is amended by striking ``holds a certificate that'' and all that 
follows through the period and inserting ``holds a certificate that is 
suspended at the time of denial.''.
    (d) Reapplications.--Section 44709 of title 49, United States Code, 
is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e), the following new 
        subsection:
    ``(f) Reapplications.--Except as provided in section 44710, any 
person whose certificate has been revoked by an order of the 
Administrator may reapply for a certificate at any time following the 
revocation.''.
    (e) Appeal of Suspension or Termination of Delegation.--Section 
44702(d) of title 49, United States Code, is amended by adding at the 
end the following: ``Subsections (d), (e), and (f) of section 44709 
shall apply to a rescission of a delegation under this subsection in 
the same manner as those subsections apply to an order of the 
Administrator under that section.''.

SEC. 103. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.

    (a) In General.--Section 44709(a) of title 49, United States Code, 
is amended--
            (1) in paragraph (1), by striking ``reexamine'' and 
        inserting ``, except as provided in paragraphs (2) and (3), 
        reexamine''; and
            (2) by adding at the end the following:
            ``(3) Limitation on the reexamination of airman 
        certificates.--The Administrator may not reexamine an airman 
        holding a certificate issued under section 44703 of this title 
        if the reexamination is ordered as a result of an event 
        involving the fault of the Federal Aviation Administration or 
        its designee, unless the Administrator has reasonable grounds--
                    ``(A) to establish that the airman may not be 
                qualified to exercise the privileges of a certificate 
                or rating issued to the airman by the Federal Aviation 
                Administration or its designee, based upon an act or 
                omission committed by the airman while exercising those 
                privileges, after the issuance of the certificate or 
                rating; or
                    ``(B) to demonstrate that the airman obtained such 
                a certificate or rating through fraudulent means or 
                through an examination that was substantially and 
                demonstrably inadequate to establish the airman's 
                qualifications.''.
    (b) Amendment, Modification, Suspension, or Revocation of Airman 
Certificates After Reexamination.--Section 44709(b) of title 49, United 
States Code, is amended--
            (1) in paragraph (1), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively, and by moving 
        such clauses, as so redesignated, 2 ems to the right;
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and by moving such 
        subparagraphs, as so redesignated, 2 ems to the right;
            (3) in the matter preceding subparagraph (A), as 
        redesignated, by striking ``The Administrator'' and inserting 
        the following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        Administrator''; and
            (4) by adding at the end the following:
            ``(2) Amendments, modifications, suspensions, and 
        revocations of airman certificates after reexamination.--
                    ``(A) In general.--The Administrator may not issue 
                an order to amend, modify, suspend, or revoke an airman 
                certificate issued under section 44703 of this title 
                after a reexamination of the airman holding the 
                certificate unless the Administrator determines that 
                the airman--
                            ``(i) lacks the technical skills and 
                        competency, or care, judgment, and 
                        responsibility, necessary to hold and safely 
                        exercise the privileges of the certificate; or
                            ``(ii) materially contributed to the 
                        issuance of the certificate by fraudulent 
                        means.
                    ``(B) Standard of review.--Any order of the 
                Administrator under this paragraph shall be subject to 
                the standard of review provided for under section 2 of 
                the Pilot's Bill of Rights (49 U.S.C. 44703 note).''.
    (c) Conforming Amendments.--Section 44709(d)(1) of title 49, United 
States Code, is amended--
            (1) in subparagraph (A), by striking ``subsection 
        (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
            (2) in subparagraph (B), by striking ``subsection 
        (b)(1)(B)'' and inserting ``subsection (b)(1)(A)(ii)''.

SEC. 104. AVIATION RULEMAKING AND EXEMPTION PETITION DUE PROCESS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall issue a final rule that 
amends. as appropriate, sections 11.61 through 11.103 of title 14, Code 
of Federal Regulations (Petitions for Rulemaking and for Exemption) to 
do the following:
            (1) Add the following decision factors to the decision 
        factors the Federal Aviation Administration considers pursuant 
        to subsection (a) of section 11.73 of such title 14 when 
        deciding whether to act on a petition for rulemaking:
                    (A) The number of certificate holders directly 
                affected by the proposed rulemaking.
                    (B) The impact of the proposed rulemaking on small 
                businesses.
                    (C) The number of organizations requesting the 
                proposed rulemaking.
            (2) Require the designation of an employee of the Federal 
        Aviation Administration to manage each petition filed.
            (3) Require notification of the following to each 
        petitioner within 30 days of receipt of a petition for 
        rulemaking properly submitted pursuant to such section 11.71, a 
        petition for exemption properly submitted pursuant to section 
        11.81 of such title 14, or a petition for reconsideration 
        submitted pursuant to section 11.101 of such title 14:
                    (A) The name and contact information for the 
                employee of the Federal Aviation Administration 
                designated pursuant to the requirement under paragraph 
                (2).
                    (B) How the Federal Aviation Administration will 
                dispose of the petition.
                    (C) If the Federal Aviation Administration 
                determines that the petition justifies Administration 
                action, a timeline for such action.
                    (D) If the Federal Aviation Administration 
                determines that the petition does not justify 
                Administration action, the basis for that decision with 
                specific reference to the decision factors under 
                subsection (a) of such section 11.71 for petitions for 
                rulemaking, under such section 11.81 for petitions for 
                exemption, or under such section 11.101 for petitions 
                for reconsideration, as applicable.
    (b) Report to Congress.--Not later than September 30, 2022, and 
each subsequent year thereafter, the Administrator shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report that details the following with respect to the 
prior calendar year:
            (1) The number of petitions for rulemaking submitted 
        pursuant to sections 11.63 and 11.71 of such title 14.
            (2) For each such petition for rulemaking--
                    (A) the regulations impacted or relevant to the 
                petition; and
                    (B) the nature, disposition, and status of each 
                petition.
            (3) The number of petitions for exemption submitted 
        pursuant to such 11.81.
            (4) For each such petition for exemption--
                    (A) the regulation from which exemption is sought; 
                and
                    (B) the disposition and status of each petition.
            (5) The number of petitions for reconsideration submitted 
        pursuant to section 11.101.
            (6) For each such petition for reconsideration--
                    (A) the regulation from which reconsideration is 
                sought; and
                    (B) the disposition and status of each petition.

SEC. 105. TIMELY RESOLUTION OF INVESTIGATIONS.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall issue a final rule to amend, as appropriate--
            (1) subpart A of part 13 of title 14, Code of Federal 
        Regulations, to require the completion of an investigation and 
        a decision by the Administrator on whether to initiate a 
        subsequent action within 2 years from the date upon which a 
        complaint is first filed pursuant to section 13.5 of such title 
        14; and
            (2) subpart F of such part 13 to require the completion of 
        an investigation and a decision by the Administrator on whether 
        to initiate a subsequent action within 2 years of the issuance 
        of an order of investigation pursuant to section 13.103 of such 
        title 14.

TITLE II--FORWARD LOOKING INVESTMENT IN GENERAL AVIATION, HANGARS, AND 
                          TARMACS (FLIGHT ACT)

SEC. 201. ESTABLISHMENT OF PUBLIC PRIVATE-PARTNERSHIP PROGRAM AT 
              GENERAL AVIATION AIRPORTS.

    (a) In General.--Chapter 481 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 48115. General aviation public-private partnership program
    ``(a) Small Airport Public-Private Partnership Program.--The 
Secretary of Transportation shall establish a program that meets the 
requirements under this section for improving facilities at--
            ``(1) general aviation airports; and
            ``(2) privately owned airports used or intended to be used 
        for public purposes that do not have scheduled air service.
    ``(b) Application Required.--The operator or sponsor of an airport, 
or the community in which an airport is located, seeking, on behalf of 
the airport, to participate in the program established under subsection 
(a) shall submit an application to the Secretary in such form, at such 
time, and containing such information as the Secretary may require, 
including--
            ``(1) an assessment of the needs of the airport for 
        additional or improved hangars, airport businesses, or other 
        facilities;
            ``(2) the ability of the airport to leverage private sector 
        investments on the airport or develop public-private 
        partnerships to build or improve facilities at the airport; and
            ``(3) if the application is submitted by a community, 
        evidence that the airport supports the application.
    ``(c) Limitation.--
            ``(1) State limit.--Not more than 4 airports in the same 
        State may be selected in any fiscal year to participate in the 
        program established under subsection (a).
            ``(2) Dollar amount limit.--Not more than $500,000 shall be 
        made available for any airport in any fiscal year under the 
        program established under subsection (a).
    ``(d) Priorities.--In selecting airports for participation in the 
program established under subsection (a), the Secretary shall give 
priority to airports at which--
            ``(1) the operator or sponsor of the airport, or the 
        community in which the airport is located--
                    ``(A) will provide a portion of the cost of the 
                project for which assistance is sought under the 
                program from local sources;
                    ``(B) will employ best business practices in 
                developing or implementing a public-private 
                partnership; or
                    ``(C) has established, or will establish, a public-
                private partnership to build or improve facilities at 
                the airport; or
            ``(2) the assistance will be used in a timely fashion.
    ``(e) Types of Assistance.--The Secretary may use amounts made 
available under this section--
            ``(1) to provide assistance to market an airport to private 
        entities or individuals in order to leverage private sector 
        investments or develop public-private partnerships for the 
        purposes of building or improving hangars, businesses, or other 
        facilities at the airport;
            ``(2) to fund studies that consider what measures an 
        airport should take to attract private sector investment at the 
        airport; or
            ``(3) to participate in a partnership described in 
        paragraph (1) or an investment described in paragraph (2).
    ``(f) Authority To Make Agreements.--The Secretary may enter into 
agreements with airports and entities entering into partnerships with 
airports under this section to provide assistance under this section.
    ``(g) Availability of Amounts From Airport and Airway Trust Fund.--
            ``(1) In general.--There is authorized to be appropriated, 
        out of the Airport and Airway Trust Fund established under 
        section 9502 of the Internal Revenue Code of 1986, $5,000,000 
        for each of the fiscal years 2022 through 2027 to carry out 
        this section. Amounts appropriated pursuant to this paragraph 
        shall remain available until expended.
            ``(2) Availability.--Amounts appropriated pursuant to 
        paragraph (1)--
                    ``(A) shall remain available until expended; and
                    ``(B) shall be in addition to any amounts made 
                available pursuant to section 48103.''.
    (b) Clerical Amendment.--The table of contents for chapter 481 of 
such title is amended by adding at the end the following:

``48115. General aviation public-private partnership program.''.
    (c) Expenditure Authority From Airport and Airway Trust Fund.--
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended 
by inserting ``or section 47143 of title 49, United States Code'' 
before the semicolon at the end.

SEC. 202. GENERAL AVIATION AIRPORT ENTITLEMENT REFORM.

    (a) United States Share of Project Costs.--Section 47109 of title 
49, United States Code, is amended by adding at the end the following:
    ``(g) General Aviation Airports.--The Government's share of 
allowable project costs may be increased by the Administrator of the 
Federal Aviation Administration to 95 percent for a project--
            ``(1) at an airport that is not a primary airport if the 
        Administrator determines that the project will increase safety 
        or security at that airport; or
            ``(2) at an airport that is categorized as a basic or 
        unclassified airport in the report of the Federal Aviation 
        Administration entitled `General Aviation Airports: A National 
        Asset' and dated May 2012.''.
    (b) Use of Apportioned Amounts.--Section 47117(e)(1) of title 49, 
United States Code, is amended by adding at the end the following:
            ``(D) All amounts subject to apportionment for a fiscal 
        year that are not apportioned under section 47114(d), for 
        grants to sponsors of general aviation airports, reliever 
        airports, or nonprimary commercial service airports.''.

SEC. 203. DISASTER RELIEF AIRPORTS.

    (a) Designation of Disaster Relief Airports.--
            (1) In general.--Subchapter I of Chapter 471 is amended by 
        inserting after section 47131 the following:
``Sec. 47132. Disaster relief airports
    ``(a) Designation.--
            ``(1) In general.--The Secretary of Transportation (in this 
        section referred to as the `Secretary') shall designate as a 
        disaster relief airport an airport that--
                    ``(A) is categorized as a regional reliever airport 
                in the report issued by the Federal Aviation 
                Administration entitled `National Plan of Integrated 
                Airport Systems (NPIAS) 2017-2021';
                    ``(B) is within a reasonable distance, as 
                determined by the Secretary, of a hospital or 
                transplant or trauma center;
                    ``(C) is in a region that the Secretary determines 
                under subsection (b) is prone to natural disasters;
                    ``(D) has at least one paved runway with not less 
                than 3,400 feet of useable length capable of supporting 
                aircraft up to 12,500 pounds;
                    ``(E) has aircraft maintenance or servicing 
                facilities at the airport able to provide aircraft 
                fueling and light maintenance services; and
                    ``(F) has adequate taxiway and ramp space to 
                accommodate single engine or light multi-engine 
                aircraft simultaneously for loading and unloading of 
                supplies.
            ``(2) Designation in states without qualifying airports.--
        If fewer than 3 airports described in paragraph (1) are located 
        in a State, the Secretary, in consultation with aviation 
        officials of that State, shall designate not more than 3 
        general aviation airports in that State as a disaster relief 
        airport under this section.
    ``(b) Prone to Natural Disasters.--
            ``(1) In general.--For the purposes of subsection 
        (a)(1)(C), a region is prone to natural disasters if--
                    ``(A) in the case of earthquakes, there is not less 
                than a 50 percent probability that an earthquake of 
                magnitude 6 or above will occur in the region within 30 
                years, according to the United States Geological 
                Survey; and
                    ``(B) in the case of other types of natural 
                disasters, the President has declared more than 5 major 
                disasters in the region under section 401 of the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5170), according to the most recent map 
                of the Federal Emergency Management Agency.
            ``(2) Natural disaster defined.--For the purposes of this 
        section, the term `natural disaster' includes a hurricane, 
        tornado, severe storm, high water, wind-driven water, tidal 
        wave, tsunami, earthquake, volcanic eruption, landslide, 
        mudslide, snowstorm, drought, or wildfire.
    ``(c) Requirements.--
            ``(1) Operation and maintenance.--
                    ``(A) In general.--A disaster relief airport and 
                the facilities and fixed-based operators on or 
                connected with the airport shall be operated and 
                maintained in a manner the Secretary considers suitable 
                for disaster relief.
                    ``(B) Exclusion.--A disaster relief airport shall 
                not be considered to be in violation of subparagraph 
                (A) if a runway is unusable because the runway is under 
                scheduled maintenance or is in need of necessary 
                repairs.
            ``(2) Compliance with assurances on airport operations.--A 
        disaster relief airport shall comply with the provisions of 
        section 47107 as if the airport has received a project grant 
        under this subchapter.
            ``(3) Natural disaster management plan.--A disaster relief 
        airport shall develop an emergency natural disaster management 
        plan in coordination with local emergency response teams and 
        first responders.
    ``(d) Civil Penalty.--A public agency that knowingly violates this 
section shall be liable to the United States Government for a civil 
penalty of not more than $10,000 for each day of the violation.
    ``(e) Consideration for Project Grants.--The Secretary shall give 
consideration to the role an airport plays in disaster relief when 
determining whether to provide a grant for the airport under this 
subchapter.
    ``(f) Applicability of Other Laws.--This section shall apply 
notwithstanding any other law, rule, regulation, or agreement.''.
    (b) Clerical Amendment.--The table of contents for chapter 471 of 
such title is amended by inserting after the item relating to section 
47131 the following:

``47132. Disaster relief airports.''.

SEC. 204. AIRPORT DEVELOPMENT RELATING TO DISASTER RELIEF.

    Section 47102(3) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(S) planning, acquiring, or constructing at an 
                airport designated as a disaster relief airport under 
                section 47132, including--
                            ``(i) planning for disaster preparedness 
                        associated with maintaining airport operations 
                        during a natural disaster;
                            ``(ii) airport communication equipment and 
                        fixed emergency generators that are not able to 
                        be acquired by programs funded under the 
                        Department of Homeland Security; and
                            ``(iii) constructing, expanding, and 
                        improving airfield infrastructure to include 
                        aprons and terminal buildings the Secretary 
                        determines will facilitate disaster response at 
                        the airport.''.

SEC. 205. FUNDING FOR PROJECTS AS DISASTER RELIEF AIRPORTS.

    (a) In General.--Section 47114(d)(3) of title 49, United States 
Code, is amended--
            (1) by redesignating subparagraphs (A) through (D) as 
        subparagraphs (B) through (E), respectively;
            (2) by inserting before subparagraph (B), as redesignated 
        by paragraph (1), the following:
                    ``(A) Not less than $25,000 to airports designated 
                as disaster relief airports under section 47132 to 
                enhance the ability of such airports to aid in disaster 
                relief, including through funding for airport 
                development described in section 47102(3)(P).''; and
            (3) in subparagraphs (D) and (E), as redesignated by 
        paragraph (1), by striking ``subparagraph (A)'' each place it 
        appears and inserting ``subparagraph (B)''.
    (b) Conforming Amendments.--
            (1) Section 47106(a)(7) of title 49, United States Code, is 
        amended by striking ``47114(d)(3)(B)'' and inserting 
        ``47114(d)(3)(C)''.
            (2) Section 47117(b)(2) of title 49, United States Code, is 
        amended--
                    (A) in subparagraph (A)(i), by striking ``(3)(A)'' 
                and inserting ``(3)(B)''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``47114(d)(3)(A)'' and 
                        inserting ``47114(d)(3)(B)''; and
                            (ii) by striking ``47114(d)(3)(B)'' and 
                        inserting ``47114(d)(3)(C)''.

SEC. 206. REVISION OF AUTOMATED WEATHER OBSERVING SYSTEMS (AWOS) 
              POLICY.

    (a) In General.--Section 553(d)(1) of the FAA Reauthorization Act 
of 2018 (Public Law 115-254) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) the Secretary determines the grant obligation 
                does not exceed the amounts made available under 
                paragraph (1) of section 47117(f) of such title 49 for 
                that fiscal year; and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the FAA Reauthorization 
Act of 2018 (Public Law 115-254).

        TITLE III--SECURING AND REVITALIZING AVIATION (SARA ACT)

SEC. 301. LIMITATION OF LIABILITY FOR CERTAIN INDIVIDUALS DESIGNATED AS 
              REPRESENTATIVES OF THE FEDERAL AVIATION ADMINISTRATION.

    (a) In General.--Any individual designated by the Administrator 
under subpart C of part 183 of title 14, Code of Federal Regulations, 
to act as a representative of the Administrator, including an aviation 
medical examiner, pilot examiner, mechanic examiner, or designated 
airworthiness representative, shall, when carrying out duties pursuant 
to that designation and without regard to the individual's employer--
            (1) be considered to be performing an activity necessary to 
        safeguard a uniquely Federal interest; and
            (2) not be liable in a civil action for actions performed 
        with reasonable care in connection with those duties.
    (b) Fraudulent Misconduct.--This section does not relieve an 
individual described in subsection (a) that causes harm to any person 
through intentional or fraudulent misconduct while carrying out duties 
pursuant to that subsection from any penalty applicable under any 
provision of law for that misconduct.
    (c) Activity Covered.--This section shall only apply to those 
individuals carrying out their duties within the United States or its 
territories.

                TITLE IV--AIR TRAFFIC CONTROLLER REFORMS

SEC. 401. FEDERAL AVIATION ADMINISTRATION ACADEMY.

    The Administrator shall designate all necessary employees at the 
Mike Monroney Aeronautical Center in Oklahoma City, Oklahoma, as 
excepted employees in the event of a covered lapse in appropriations 
(as such terms are defined in section 1341(c) of title 31, United 
States Code) that is in effect on or after the date of enactment of 
this Act to ensure that the Federal Aviation Administration Academy 
remains open and capable of continuing to train air traffic controllers 
for the duration of the covered lapse in appropriations to the Federal 
Aviation Administration.

SEC. 402. PRACTICAL EXPERIENCE FOR AIR TRAFFIC CONTROLLERS.

    (a) Review.--
            (1) In general.--The Administrator shall assign to the 
        Aviation Rulemaking Advisory Committee (in this section 
        referred to as the ``Committee'') the task of reviewing all 
        regulations and policies related to the training of air traffic 
        control tower operators, including the practical experience 
        requirements.
            (2) Recommendations.--After conducting the review under 
        paragraph (1), the Committee shall, not later than 6 months 
        after the date of enactment of this Act, submit to the 
        Administrator recommendations on the following:
                    (A) Ways to modify the requirements described in 
                paragraph (1) to enable the contract tower industry to 
                prepare and better utilize approved air traffic 
                collegiate training initiative (AT-CTI) school 
                graduates, veterans, and other qualified air traffic 
                control program graduates for work at air traffic 
                control facilities in the Federal contract tower 
                program.
                    (B) Regulatory and policy changes that are 
                necessary to ensure that an applicant applying for 
                their initial facility rating must successfully 
                accomplish a minimum of 2 months of on-the-job training 
                in a control tower and that such an applicant be 
                allowed to qualify for a facility rating having 
                undertaken classroom and simulation training within a 
                formal training process approved by the Federal 
                Aviation Administration that may not have taken place 
                within the facility for which the initial facility 
                rating is being applied.
                    (C) Other areas determined appropriate by the 
                Committee.
    (b) Action Based on Recommendations.--Not later than 1 year after 
receiving recommendations under subsection (a)(2), the Administrator 
shall take such actions as the Administrator considers appropriate with 
respect to such recommendations.

                      TITLE V--AVIATION FUEL TAXES

SEC. 501. TREATMENT OF FUEL FOR USE IN AVIATION.

    (a) Rate of Tax.--
            (1) In general.--Section 4081(a)(2)(A) of the Internal 
        Revenue Code of 1986 is amended by striking ``and'' at the end 
        of clause (ii), by striking the period at the end of clause 
        (iii) and inserting ``, and'', and by adding at the end the 
        following new clause:
                            ``(iv) in the case of aviation-grade 
                        kerosene, 21.9 cents per gallon.''.
            (2) Taxes imposed on fuel used in commercial aviation.--
        Section 4081(a)(2)(C) of such Code is amended to read as 
        follows:
                    ``(C) Taxes imposed on fuel used in commercial 
                aviation.--In the case of aviation-grade kerosene which 
                is removed from any refinery or terminal directly into 
                the fuel tank of an aircraft for use in commercial 
                aviation by a person registered for such use under 
                section 4101, the rate of tax under subparagraph 
                (A)(iv) shall be 4.3 cents per gallon.''.
            (3) Refueller trucks, tankers, and tank wagons.--Section 
        4081(a)(3) of such Code is amended--
                    (A) by inserting ``a secured area of'' before ``an 
                airport'' in subparagraph (A)(i), and
                    (B) by striking subparagraph (D).
            (4) Conforming amendments.--
                    (A) Sections 4081(a)(3)(A) and 4082(b) of such Code 
                are amended by striking ``kerosene'' each place it 
                appears and inserting ``aviation-grade kerosene''.
                    (B) Section 4081(a)(4) of such Code is amended by 
                striking ``paragraph (2)(C)(i)'' and inserting 
                ``paragraph (2)(C)''.
                    (C) The heading for section 4081(a)(4) of such Code 
                is amended by striking ``kerosene'' and inserting 
                ``aviation-grade kerosene''.
                    (D) Section 4081(d)(2) of such Code is amended by 
                striking so much as precedes subparagraph (A) and 
                inserting the following:
            ``(2) Aviation fuels.--The rate of tax specified in 
        subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon--''.
                    (E) Subsection (e) of section 4082 of such Code is 
                amended--
                            (i) by striking ``kerosene (other than 
                        kerosene'' and inserting ``aviation-grade 
                        kerosene (other than any such kerosene'',
                            (ii) by striking ``section 
                        4081(a)(2)(A)(iii)'' and inserting ``section 
                        4081(a)(2)(A)(iv)'',
                            (iii) by striking the last sentence, and
                            (iv) by striking ``Kerosene Removed Into an 
                        Aircraft'' in the heading and inserting 
                        ``Aviation-Grade Kerosene''.
    (b) Rate for Use of Certain Liquids in Aviation.--
            (1) In general.--Section 4041(c) of the Internal Revenue 
        Code of 1986 is amended--
                    (A) by striking ``liquid for use as a fuel other 
                than aviation gasoline'' in paragraph (1) and inserting 
                ``aviation-grade kerosene'',
                    (B) by striking ``liquid for use as a fuel other 
                than aviation gasoline'' in paragraph (2) and inserting 
                ``aviation-grade kerosene'',
                    (C) by striking paragraph (3) and inserting the 
                following new paragraph:
            ``(3) Rate of tax.--The rate of tax imposed by this 
        subsection shall be the rate of tax applicable under section 
        4081(a)(2)(A)(iv) which is in effect at the time of such sale 
        or use.'', and
                    (D) by striking ``Certain Liquids Used as Fuel in 
                Aviation'' in the heading and inserting ``Aviation-
                Grade Kerosene''.
            (2) Partial refund of full rate.--Section 6427(l)(2) of 
        such Code is amended to read as follows:
            ``(2) Nontaxable use.--For purposes of this subsection, the 
        term `nontaxable use' means--
                    ``(A) in the case of diesel fuel or kerosene (other 
                than aviation-grade kerosene), any use which is exempt 
                from the tax imposed by section 4041(a)(1) other than 
                by reason of a prior imposition of tax, and
                    ``(B) in the case of aviation-grade kerosene--
                            ``(i) any use which is exempt from the tax 
                        imposed by section 4041(c) other than by reason 
                        of a prior imposition of tax, or
                            ``(ii) any use in commercial aviation 
                        (within the meaning of section 4083(b)).''.
            (3) Conforming amendments.--
                    (A) Section 4041(a)(1)(B) of such Code is amended 
                by adding at the end the following: ``This subparagraph 
                shall not apply to aviation-grade kerosene.''.
                    (B) The heading for section 6427(l) of such Code is 
                amended by striking ``and Kerosene'' and inserting ``, 
                Kerosene, and Aviation Fuel''.
                    (C) Section 6427(l)(4) of such Code is amended--
                            (i) in subparagraph (A)--
                                    (I) by striking ``kerosene'' and 
                                inserting ``aviation-grade kerosene'',
                                    (II) by striking ``section 
                                4081(a)(2)(A)(iii)'' in clause (ii) and 
                                inserting ``section 
                                4081(a)(2)(A)(iv)'', and
                                    (III) by striking ``Kerosene used 
                                in commercial aviation'' in the heading 
                                and inserting ``In general'',
                            (ii) by striking subparagraphs (B) and (C) 
                        and inserting the following:
                    ``(B) Payment to ultimate registered vendor.--With 
                respect to any aviation-grade kerosene, if the ultimate 
                purchaser of such kerosene waives (at such time and in 
                such form and manner as the Secretary shall prescribe) 
                the right to payment under paragraph (1) and assigns 
                such right to the ultimate vendor, then the Secretary 
                shall pay the amount which would be paid under 
                paragraph (1) to such ultimate vendor, but only if such 
                ultimate vendor--
                            ``(i) is registered under section 4101, and
                            ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of section 
                        6416(a)(1).'', and
                            (iii) by striking ``kerosene used in 
                        aviation'' in the heading and inserting 
                        ``aviation-grade kerosene''.
                    (D) Section 6427(i)(4)(A) of such Code is amended--
                            (i) by striking ``paragraph (4)(C)'' and 
                        inserting ``paragraph (4)(B)'', and
                            (ii) by striking ``, (l)(4)(C)(ii),''.
                    (E) Section 6427(l)(5)(B) of such Code is amended 
                by striking ``kerosene used in aviation'' and inserting 
                ``aviation-grade kerosene''.
    (c) Transfers From Highway Trust Fund of Taxes on Fuels Used in 
Aviation to Airport and Airway Trust Fund.--
            (1) In general.--Section 9503(c) of the Internal Revenue 
        Code of 1986 is amended by striking paragraph (5).
            (2) Conforming amendments.--
                    (A) Section 9502(a) of such Code is amended by 
                striking ``, section 9503(c)(5),''.
                    (B) Section 9502(b)(1)(D) of such Code is amended 
                by striking ``and kerosene to the extent attributable 
                to the rate specified in section 4081(a)(2)(C)'' and 
                inserting ``and aviation-grade kerosene''.
                    (C) Section 9503(b) of such Code is amended by 
                inserting after paragraph (2) the following new 
                paragraph:
            ``(3) Adjustments for aviation uses.--The amounts described 
        in paragraphs (1) and (2) with respect to any period shall 
        (before the application of this subsection) be reduced by 
        appropriate amounts to reflect any amounts transferred to the 
        Airport and Airway Trust Fund under section 9502(b) with 
        respect to such period.''.
    (d) Certain Transfers Not Transferred From Airport and Airway Trust 
Fund.--
            (1) Section 9502(d)(2) of the Internal Revenue Code of 1986 
        is amended by striking ``(other than subsection (l)(4) 
        thereof)''.
            (2) Section 9502(d)(3) of such Code is amended by striking 
        ``(other than payments made by reason of paragraph (4) of 
        section 6427(l))''.
    (e) Effective Date.--The amendments made by this section shall 
apply to fuels or liquids removed, entered, or sold after September 30, 
2021.

      TITLE VI--VOLUNTARY SURRENDER OF REPAIR STATION CERTIFICATE

SEC. 601. REVISION OF CERTAIN REGULATIONS RELATING TO REPAIR STATION 
              CERTIFICATES.

    The Administrator shall--
            (1) not later than 60 days after the date of the enactment 
        of this Act, publish in the Federal Register a notice of 
        proposed rulemaking revising part 145 of title 14, Code of 
        Federal Regulations--
                    (A) to restore the right of a repair station to 
                unilaterally surrender its certificate;
                    (B) to prevent an individual who materially 
                contributes to the revocation of a repair station 
                certificate or causes the process of revoking such a 
                certificate to begin from reentering the industry; and
                    (C) to clarify that a repair station that 
                terminates an individual who materially contributes to 
                the revocation of the certificate of the repair station 
                or causes the process of revoking that certificate to 
                begin may reapply for a certificate; and
            (2) not later than 90 days after publishing the notice of 
        proposed rulemaking, publish in the Federal Register a final 
        rule with respect to those revisions.
                                 <all>
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