In the Senate of the United States, 

April 19, 2016. 

Resolved, That the bill from the House of Representatives (H.R. 636) entitled ‘‘An Act to amend the Internal Revenue Code of 1986 to permanently extend increased expensing limitations, and for other purposes.’’, do pass with the 

following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Federal Aviation Administration Reauthorization Act of 

4 2016’’. 

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

6 Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Definition of appropriate committees of Congress. 

Sec. 4. Effective date. 
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TITLE I—AUTHORIZATIONS 

Subtitle A—Funding of FAA Programs 

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

and programs. 

Sec. 1002. Air navigation facilities and equipment. 

Sec. 1003. FAA operations. 

Sec. 1004. FAA research and development. 

Sec. 1005. Funding for aviation programs. 

Sec. 1006. Extension of expiring authorities. 

Subtitle B—Airport Improvement Program Modifications 

Sec. 1201. Small airport regulation relief. 

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

Sec. 1203. State block grants updates. 

Sec. 1204. Contract Tower Program updates. 

Sec. 1205. Approval of certain applications for the contract tower program. 

Sec. 1206. Remote towers. 

Sec. 1207. Midway Island airport. 

Sec. 1208. Airport road funding. 

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

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

program. 

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

program. 

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

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

Sec. 1214. Transfers of instrument landing systems. 

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

Sec. 1216. Amendments to definitions. 

Sec. 1217. Clarification of noise exposure map updates. 

Sec. 1218. Provision of facilities. 

Sec. 1219. Contract weather observers. 

Sec. 1220. Federal share adjustment. 

Sec. 1221. Miscellaneous technical amendments. 

Sec. 1222. Mothers’ rooms at airports. 

Sec. 1223. Eligibility for airport development grants at airports that enter into 

certain leases with components of the Armed Forces. 

Sec. 1224. Clarification of definition of aviation-related activity for hangar use. 

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

Sec. 1226. Definition of small business concern. 

Subtitle C—Passenger Facility Charges 

Sec. 1301. PFC streamlining. 

Sec. 1302. Intermodal access projects. 

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

Sec. 1304. Future aviation infrastructure and financing study. 

TITLE II—SAFETY 

Subtitle A—Unmanned Aircraft Systems Reform 

Sec. 2001. Definitions. 
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PART I—PRIVACY AND TRANSPARENCY

Sec. 2101. Unmanned aircraft systems privacy policy. 

Sec. 2102. Sense of Congress. 

Sec. 2103. Federal Trade Commission authority. 

Sec. 2104. National Telecommunications and Information Administration multistakeholder process. 

Sec. 2105. Identification standards. 

Sec. 2106. Commercial and governmental operators. 

Sec. 2107. Analysis of current remedies under Federal, State, and local jurisdictions. 

PART II—UNMANNED AIRCRAFT SYSTEMS

Sec. 2121. Definitions. 

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

Sec. 2123. Additional research, development, and testing. 

Sec. 2124. Safety standards. 

Sec. 2125. Unmanned aircraft systems in the Arctic. 

Sec. 2126. Special authority for certain unmanned aircraft systems. 

Sec. 2127. Additional rulemaking authority. 

Sec. 2128. Governmental unmanned aircraft systems. 

Sec. 2129. Special rules for model aircraft. 

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

Sec. 2131. Safety statements. 

Sec. 2132. Treatment of unmanned aircraft operating underground. 

Sec. 2133. Enforcement. 

Sec. 2134. Aviation emergency safety public services disruption. 

Sec. 2135. Pilot project for airport safety and airspace hazard mitigation. 

Sec. 2136. Contribution to financing of regulatory functions. 

Sec. 2137. Sense of Congress regarding small UAS rulemaking. 

Sec. 2138. Unmanned aircraft systems traffic management. 

Sec. 2139. Emergency exemption process. 

Sec. 2140. Public UAS operations by tribal governments. 

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

Sec. 2142. Collegiate Training Initiative program for unmanned aircraft systems. 

Sec. 2143. Incorporation of Federal Aviation Administration occupations relating 

to unmanned aircraft into veterans employment programs of the 

Administration. 

PART III—TRANSITION AND SAVINGS PROVISIONS

Sec. 2151. Senior advisor for unmanned aircraft systems integration. 

Sec. 2152. Effect on other laws. 

Sec. 2153. Spectrum. 

Sec. 2154. Applications for designation. 

Sec. 2155. Use of unmanned aircraft systems at institutions of higher education. 

Sec. 2156. Transition language. 

PART IV—OPERATOR SAFETY

Sec. 2161. Short title. 

Sec. 2162. Findings; sense of Congress. 

Sec. 2163. Unsafe operation of unmanned aircraft. 
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Subtitle B—FAA Safety Certification Reform 

PART I—GENERAL PROVISIONS

Sec. 2211. Definitions. 

Sec. 2212. Safety oversight and certification advisory committee. 

PART II—AIRCRAFT CERTIFICATION REFORM

Sec. 2221. Aircraft certification performance objectives and metrics. 

Sec. 2222. Organization designation authorizations. 

Sec. 2223. ODA review. 

Sec. 2224. Type certification resolution process. 

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

Sec. 2226. Streamlining certification of small general aviation airplanes. 

PART III—FLIGHT STANDARDS REFORM

Sec. 2231. Flight standards performance objectives and metrics. 

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

Sec. 2233. Centralized safety guidance database. 

Sec. 2234. Regulatory Consistency Communications Board. 

Sec. 2235. Flight standards service realignment feasibility report. 

Sec. 2236. Additional certification resources. 

PART IV—SAFETY WORKFORCE

Sec. 2241. Safety workforce training strategy. 

Sec. 2242. Workforce study. 

PART V—INTERNATIONAL AVIATION

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

Sec. 2252. Bilateral exchanges of safety oversight responsibilities. 

Sec. 2253. FAA leadership abroad. 

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

Subtitle C—Airline Passenger Safety and Protections 

Sec. 2301. Pilot records database deadline. 

Sec. 2302. Access to air carrier flight decks. 

Sec. 2303. Aircraft tracking and flight data. 

Sec. 2304. Automation reliance improvements. 

Sec. 2305. Enhanced mental health screening for pilots. 

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

Sec. 2307. Training to combat human trafficking for certain air carrier employees. 

Sec. 2308. Report on obsolete test equipment. 

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

Sec. 2310. Laser pointer incidents. 

Sec. 2311. Helicopter air ambulance operations data and reports. 

Sec. 2312. Part 135 accident and incident data. 

Sec. 2313. Definition of human factors. 

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

Sec. 2315. Enhancing ASIAS. 

Sec. 2316. Improving runway safety. 
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Sec. 2317. Safe air transportation of lithium cells and batteries. 

Sec. 2318. Prohibition on implementation of policy change to permit small, nonlocking knives on aircraft. 

Sec. 2319. Aircraft cabin evacuation procedures. 

Sec. 2320. GAO study of universal deployment of advanced imaging technologies. 

Subtitle D—General Aviation Safety 

Sec. 2401. Automated weather observing systems policy. 

Sec. 2402. Tower marking. 

Sec. 2403. Crash-resistant fuel systems. 

Sec. 2404. Requirement to consult with stakeholders in defining scope and requirements for Future Flight Service Program. 

Sec. 2405. Heads-up guidance system technologies. 

Subtitle E—General Provisions 

Sec. 2501. Designated agency safety and health officer. 

Sec. 2502. Repair stations located outside United States. 

Sec. 2503. FAA technical training. 

Sec. 2504. Safety critical staffing. 

Sec. 2505. Approach control radar in all air traffic control towers. 

Sec. 2506. Airspace management advisory committee. 

Subtitle F—Third Class Medical Reform and General Aviation Pilot 

Protections 

Sec. 2601. Short title. 

Sec. 2602. Medical certification of certain small aircraft pilots. 

Sec. 2603. Expansion of pilot’s bill of rights. 

Sec. 2604. Limitations on reexamination of certificate holders. 

Sec. 2605. Expediting updates to NOTAM program. 

Sec. 2606. Accessibility of certain flight data. 

Sec. 2607. Authority for legal counsel to issue certain notices. 

TITLE III—AIR SERVICE IMPROVEMENTS 

Sec. 3001. Definitions. 

Subtitle A—Passenger Air Service Improvements 

Sec. 3101. Causes of airline delays or cancellations. 

Sec. 3102. Involuntary changes to itineraries. 

Sec. 3103. Additional consumer protections. 

Sec. 3104. Addressing the needs of families of passengers involved in aircraft accidents. 

Sec. 3105. Emergency medical kits. 

Sec. 3106. Travelers with disabilities. 

Sec. 3107. Extension of Advisory Committee for Aviation Consumer Protection. 

Sec. 3108. Extension of competitive access reports. 

Sec. 3109. Refunds for delayed baggage. 

Sec. 3110. Refunds for other fees that are not honored by a covered air carrier. 

Sec. 3111. Disclosure of fees to consumers. 

Sec. 3112. Seat assignments. 

Sec. 3113. Lasting improvements to family travel. 

Sec. 3114. Consumer complaint process improvement. 

Sec. 3115. Online access to aviation consumer protection information. 
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Sec. 3116. Study on in cabin wheelchair restraint systems. 

Sec. 3117. Training policies regarding assistance for persons with disabilities. 

Sec. 3118. Advisory committee on the air travel needs of passengers with disabilities. 

Sec. 3119. Report on covered air carrier change, cancellation, and baggage fees. 

Sec. 3120. Enforcement of aviation consumer protection rules. 

Sec. 3121. Dimensions for passenger seats. 

Sec. 3122. Cell phone voice communications. 

Sec. 3123. Availability of slots for new entrant air carriers at Newark Liberty 

International Airport. 

Subtitle B—Essential Air Service 

Sec. 3201. Essential air service. 

Sec. 3202. Small community air service development program. 

Sec. 3203. Small community program amendments. 

Sec. 3204. Waivers. 

Sec. 3205. Working group on improving air service to small communities. 

TITLE IV—NEXTGEN AND FAA ORGANIZATION 

Sec. 4001. Definitions. 

Subtitle A—Next Generation Air Transportation System 

Sec. 4101. Return on investment assessment. 

Sec. 4102. Ensuring FAA readiness to use new technology. 

Sec. 4103. NextGen annual performance goals. 

Sec. 4104. Facility outage contingency plans. 

Sec. 4105. ADS–B mandate assessment. 

Sec. 4106. Nextgen interoperability. 

Sec. 4107. NextGen transition management. 

Sec. 4108. Implementation of NextGen operational improvements. 

Sec. 4109. Cybersecurity. 

Sec. 4110. Securing aircraft avionics systems. 

Sec. 4111. Defining NextGen. 

Sec. 4112. Human factors. 

Sec. 4113. Major acquisition reports. 

Sec. 4114. Equipage mandates. 

Sec. 4115. Workforce. 

Sec. 4116. Architectural leadership. 

Sec. 4117. Programmatic risk management. 

Sec. 4118. NextGen prioritization. 

Subtitle B—Administration Organization and Employees 

Sec. 4201. Cost-saving initiatives. 

Sec. 4202. Treatment of essential employees during furloughs. 

Sec. 4203. Controller candidate interviews. 

Sec. 4204. Hiring of air traffic controllers. 

Sec. 4205. Computation of basic annuity for certain air traffic controllers. 

Sec. 4206. Air traffic services at aviation events. 

Sec. 4207. Full annuity supplement for certain air traffic controllers. 

Sec. 4208. Inclusion of disabled veteran leave in Federal Aviation Administration 

personnel management system. 
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TITLE V—MISCELLANEOUS 

Sec. 5001. National Transportation Safety Board investigative officers. 

Sec. 5002. Performance-Based Navigation. 

Sec. 5003. Overflights of national parks. 

Sec. 5004. Navigable airspace analysis for commercial space launch site runways. 

Sec. 5005. Survey and report on spaceport development. 

Sec. 5006. Aviation fuel. 

Sec. 5007. Comprehensive Aviation Preparedness Plan. 

Sec. 5008. Advanced Materials Center of Excellence. 

Sec. 5009. Interference with airline employees. 

Sec. 5010. Secondary cockpit barriers. 

Sec. 5011. GAO evaluation and audit. 

Sec. 5012. Federal Aviation Administration performance measures and targets. 

Sec. 5013. Staffing of certain air traffic control towers. 

Sec. 5014. Critical airfield markings. 

Sec. 5015. Research and deployment of certain airfield pavement technologies. 

Sec. 5016. Report on general aviation flight sharing. 

Sec. 5017. Increase in duration of general aviation aircraft registration. 

Sec. 5018. Modification of limitation of liability relating to aircraft. 

Sec. 5019. Government Accountability Office study of illegal drugs seized at international airports in the United States. 

Sec. 5020. Sense of Congress on preventing the transportation of disease-carrying 

mosquitoes and other insects on commercial aircraft. 

Sec. 5021. Work plan for the New York/New Jersey/Philadelphia metroplex program. 

Sec. 5022. Report on plans for air traffic control facilities in the New York City 

and Newark region. 

Sec. 5023. GAO study of international airline alliances. 

Sec. 5024. Treatment of multi-year lessees of large and turbine-powered multiengine aircraft. 

Sec. 5025. Evaluation of emerging technologies. 

Sec. 5026. Student outreach report. 

Sec. 5027. Right to privacy when using air traffic control system. 

Sec. 5028. Conduct of security screening by the Transportation Security Administration at certain airports. 

Sec. 5029. Aviation cybersecurity. 

Sec. 5030. Prohibitions against smoking on passenger flights. 

Sec. 5031. National multimodal freight advisory committee. 

Sec. 5032. Technical and conforming amendments. 

Sec. 5033. Visible Deterrent. 

Sec. 5034. Law enforcement training for mass casualty and active shooter incidents. 

Sec. 5035. Assistance to airports and surface transportation systems. 

Sec. 5036. Authorization of certain flights by Stage 2 airplanes. 

TITLE VI—TRANSPORTATION SECURITY AND TERRORISM 

PREVENTION 

Subtitle A—Airport Security Enhancement and Oversight Act 

Sec. 6101. Short title. 

Sec. 6102. Findings. 

Sec. 6103. Definitions. 

Sec. 6104. Threat assessment. 

Sec. 6105. Oversight. 
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Sec. 6106. Credentials. 

Sec. 6107. Vetting. 

Sec. 6108. Metrics. 

Sec. 6109. Inspections and assessments. 

Sec. 6110. Covert testing. 

Sec. 6111. Security directives. 

Sec. 6112. Implementation report. 

Sec. 6113. Miscellaneous amendments. 

Subtitle B—TSA PreCheck Expansion Act 

Sec. 6201. Short title. 

Sec. 6202. Definitions. 

Sec. 6203. PreCheck Program authorization. 

Sec. 6204. PreCheck Program enrollment expansion. 

Subtitle C—Securing Aviation From Foreign Entry Points and Guarding 

Airports Through Enhanced Security Act of 2016 

Sec. 6301. Short title. 

Sec. 6302. Last point of departure airport security assessment. 

Sec. 6303. Security coordination enhancement plan. 

Sec. 6304. Workforce assessment. 

Sec. 6305. Donation of screening equipment to protect the United States. 

Sec. 6306. National cargo security program. 

Subtitle D—Miscellaneous 

Sec. 6401. International training and capacity development. 

Sec. 6402. Checkpoints of the future. 

TITLE VII—AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND 

RELATED TAXES 

Sec. 7101. Expenditure authority from Airport and Airway Trust Fund. 

Sec. 7102. Extension of taxes funding Airport and Airway Trust Fund. 

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

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms of 

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

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

6 other provision of title 49, United States Code. 
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1 SEC. 3. DEFINITION OF APPROPRIATE COMMITTEES OF 

2 CONGRESS. 

3 In this Act, unless expressly provided otherwise, the 

4 term ‘‘appropriate committees of Congress’’ means the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate and the Committee on Transportation and Infra7 structure of the House of Representatives. 

8 SEC. 4. EFFECTIVE DATE. 

9 Except as otherwise expressly provided, this Act and 

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

11 date of enactment of this Act. 

12 TITLE I—AUTHORIZATIONS 

13 Subtitle A—Funding of FAA 

14 Programs 

15 SEC. 1001. AIRPORT PLANNING AND DEVELOPMENT AND 

16 NOISE COMPATIBILITY PLANNING AND PRO17 GRAMS. 

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

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

20 compatibility programs under section 47504(c) 

21 $3,350,000,000 for each of fiscal years 2012 through 2015 

22 and $2,652,083,333 for the period beginning on October 1, 

23 2015, and ending on July 15, 2016’’ and inserting ‘‘section 

24 47505(a)(2), carrying out noise compatibility programs 

25 under section 47504(c), for an airport cooperative research 

26 program under section 44511, for Airports Technology- 
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1 Safety research, and Airports Technology-Efficiency re2 search, $3,350,000,000 for fiscal year 2016 and 

3 $3,750,000,000 for fiscal year 2017’’. 

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

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

6 ‘‘July 15, 2016’’ and inserting ‘‘September 30, 2017’’. 

7 SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT. 

8 Section 48101(a) is amended by striking paragraphs 

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

10 ‘‘(1) $2,855,241,025 for fiscal year 2016. 

11 ‘‘(2) $2,862,020,524 for fiscal year 2017.’’. 

12 SEC. 1003. FAA OPERATIONS. 

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

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

15 following: 

16 ‘‘(A) $9,910,009,314 for fiscal year 2016; 

17 and 

18 ‘‘(B) $10,025,361,111 for fiscal year 2017.’’. 

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

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

21 each place it appears and inserting ‘‘for fiscal years 2016 

22 through 2017’’. 

23 (c) AUTHORITY TO TRANSFER FUNDS.—Section 

24 106(k)(3) is amended by striking ‘‘2012 through 2015 and 
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1 for the period beginning on October 1, 2015, and ending 

2 on July 15, 2016’’ and inserting ‘‘2016 through 2017’’. 

3 SEC. 1004. FAA RESEARCH AND DEVELOPMENT. 

4 Section 48102 is amended— 

5 (1) in subsection (a)— 

6 (A) in the matter preceding paragraph 

7 (1)— 

8 (i) by striking ‘‘44511–44513’’ and in9 serting ‘‘44512–44513’’; and 

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

11 years 2012 through 2015, under subsection 

12 (g)’’; 

13 (B) in paragraph (8), by striking ‘‘; and’’ 

14 and inserting a semicolon; and 

15 (C) by striking paragraph (9) and inserting 

16 the following: 

17 ‘‘(9) $166,000,000 for fiscal year 2016; and 

18 ‘‘(10) $169,000,000 for fiscal year 2017.’’; and 

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

20 SEC. 1005. FUNDING FOR AVIATION PROGRAMS. 

21 (a) AIRPORT AND AIRWAY TRUST FUND GUAR22 ANTEE.—Section 48114(a)(1)(A) is amended to read as fol23 lows: 

24 ‘‘(A) IN GENERAL.—The total budget re25 sources made available from the Airport and 
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1 Airway Trust Fund each fiscal year under sec2 tions 48101, 48102, 48103, and 106(k)— 

3 ‘‘(i) shall in each of fiscal years 2016 

4 through 2017, be equal to the sum of— 

5 ‘‘(I) 90 percent of the estimated 

6 level of receipts plus interest credited to 

7 the Airport and Airway Trust Fund 

8 for that fiscal year; and 

9 ‘‘(II) the actual level of receipts 

10 plus interest credited to the Airport 

11 and Airway Trust Fund for the second 

12 preceding fiscal year minus the total 

13 amount made available for obligation 

14 from the Airport and Airway Trust 

15 Fund for the second preceding fiscal 

16 year; and 

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

18 investment programs listed in subsection 

19 (b)(1).’’. 

20 (b) ENFORCEMENT OF GUARANTEES.—Section 

21 48114(c)(2) is amended by striking ‘‘2016’’ and inserting 

22 ‘‘2017’’. 

23 SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES. 

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

25 Section 47115(j) is amended by striking ‘‘2015 and for the 
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1 period beginning on October 1, 2015, and ending on July 

2 15, 2016,’’ and inserting ‘‘2017’’. 

3 (b) EXTENSION OF COMPATIBLE LAND USE PLANNING

4 AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.— 

5 Section 47141(f) is amended by striking ‘‘July 15, 2016’’ 

6 and inserting ‘‘September 30, 2017’’. 

7 (c) INSPECTOR GENERAL REPORT ON PARTICIPATION

8 IN FAA PROGRAMS BY DISADVANTAGED SMALL BUSINESS

9 CONCERNS.— 

10 (1) IN GENERAL.—For each of fiscal years 2016 

11 through 2017, the Inspector General of the Depart12 ment of Transportation shall submit to Congress a re13 port on the number of new small business concerns 

14 owned and controlled by socially and economically 

15 disadvantaged individuals, including those owned by 

16 veterans, that participated in the programs and ac17 tivities funded using the amounts made available 

18 under this Act. 

19 (2) NEW SMALL BUSINESS CONCERNS.—For pur20 poses of paragraph (1), a new small business concern 

21 is a small business concern that did not participate 

22 in the programs and activities described in para23 graph (1) in a previous fiscal year. 

24 (3) CONTENTS.—The report shall include— 
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1 (A) a list of the top 25 and bottom 25 large 

2 and medium hub airports in terms of providing 

3 opportunities for small business concerns owned 

4 and controlled by socially and economically dis5 advantaged individuals to participate in the 

6 programs and activities funded using the 

7 amounts made available under this Act; 

8 (B) the results of an assessment, to be con9 ducted by the Inspector General, on the reasons 

10 why the top airports have been successful in pro11 viding such opportunities; and 

12 (C) recommendations to the Administrator 

13 of the Federal Aviation Administration and 

14 Congress on methods for other airports to achieve 

15 results similar to those of the top airports. 

16 (d) EXTENSION OF PILOT PROGRAM FOR REDEVELOP17 MENT OF AIRPORT PROPERTIES.—Section 822(k) of the 

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

19 47141 note) is amended by striking ‘‘July 15, 2016’’ and 

20 inserting ‘‘September 30, 2017’’. 

21 Subtitle B—Airport Improvement 

22 Program Modifications 

23 SEC. 1201. SMALL AIRPORT REGULATION RELIEF. 

24 Section 47114(c)(1)(F) is amended to read as follows: 
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1 ‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2016

2 THROUGH 2017.—Notwithstanding subparagraph 

3 (A), the Secretary shall apportion to a sponsor 

4 of an airport under that subparagraph for each 

5 of fiscal years 2016 through 2017 an amount 

6 based on the number of passenger boardings at 

7 the airport during calendar year 2012 if the air8 port— 

9 ‘‘(i) had 10,000 or more passenger 

10 boardings during calendar year 2012; 

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

12 boardings during the calendar year used to 

13 calculate the apportionment for fiscal year 

14 2016 or 2017 under subparagraph (A); and 

15 ‘‘(iii) had scheduled air service in the 

16 calendar year used to calculate the appor17 tionment.’’. 

18 SEC. 1202. PRIORITY REVIEW OF CONSTRUCTION PROJECTS 

19 IN COLD WEATHER STATES. 

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

21 Aviation Administration, to the extent practicable, shall 

22 schedule the Administrator’s review of construction projects 

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

24 the weather during a typical calendar year prevents major 
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1 construction projects from being carried out before May 1 

2 are reviewed as early as possible. 

3 (b) REPORT.—The Administrator shall update the ap4 propriate committees of Congress annually on the effective5 ness of the review and prioritization. 

6 SEC. 1203. STATE BLOCK GRANTS UPDATES. 

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

8 States for fiscal years 2000 and 2001 and 10 qualified 

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

10 qualified States for fiscal year 2016 and each fiscal year 

11 thereafter’’. 

12 SEC. 1204. CONTRACT TOWER PROGRAM UPDATES. 

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

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

15 and inserting ‘‘after the end of the period described in sub16 section (d)(6)(C)’’. 

17 (b) CONTRACT AIR TRAFFIC CONTROL TOWER COST18 SHARE PROGRAM; FUNDING.—Section 47124(b)(3)(E) is 

19 amended to read as follows: 

20 ‘‘(E) FUNDING.—Of the amounts appro21 priated under section 106(k)(1), such sums as 

22 may be necessary may be used to carry out this 

23 paragraph.’’. 
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1 (c) CAP ON FEDERAL SHARE OF COST OF CONSTRUC2 TION.—Section 47124(b)(4)(C) is amended by striking 

3 ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. 

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

5 is amended by adding at the end the following: 

6 ‘‘(d) COST BENEFIT RATIOS.— 

7 ‘‘(1) CONTRACT AIR TRAFFIC CONTROL TOWER

8 PROGRAM AT COST-SHARE AIRPORTS.—Beginning on 

9 the date of enactment of the Federal Aviation Admin10 istration Reauthorization Act of 2016, if an air traf11 fic control tower is operating under the Cost-share 

12 Program, the Secretary shall annually calculate a 

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

14 ‘‘(2) CONTRACT TOWER PROGRAM AT NON-COST15 SHARE AIRPORTS.—Beginning on the date of enact16 ment of the Federal Aviation Administration Reau17 thorization Act of 2016, if a tower is operating under 

18 the Contract Tower Program and continued under 

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

20 new benefit-to-cost ratio for the tower unless the an21 nual aircraft traffic at the airport where the tower is 

22 located decreases by more than 25 percent from the 

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

24 year period. 
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1 ‘‘(3) CONSIDERATIONS.—In establishing a ben2 efit-to-cost ratio under paragraph (1) or paragraph 

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

4 costs: 

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

6 actual cost of wages and benefits of personnel 

7 working at the tower. 

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

9 actual telecommunications costs of the tower. 

10 ‘‘(C) Relocation and replacement costs of 

11 equipment of the Federal Aviation Administra12 tion associated with the tower, if paid for by the 

13 Federal Aviation Administration. 

14 ‘‘(D) Logistics, such as direct costs associ15 ated with establishing or updating the tower’s 

16 interface with other systems and equipment of 

17 the Federal Aviation Administration, if paid for 

18 by the Federal Aviation Administration. 

19 ‘‘(4) EXCLUSIONS.—In establishing a benefit-to20 cost ratio under paragraph (1) or paragraph (2), the 

21 Secretary may not consider the following costs: 

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

23 and other costs associated with maintaining and 

24 repairing the systems and equipment of the Fed25 eral Aviation Administration. 
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1 ‘‘(B) Costs for depreciating the building and 

2 equipment owned by the Federal Aviation Ad3 ministration. 

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

5 Aviation Administration. 

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

7 services paid for or provided by the airport or 

8 the State or political subdivision of a State hav9 ing jurisdiction over the airport where the tower 

10 is located. 

11 ‘‘(E) The cost of new or replacement equip12 ment, or construction of a new or replacement 

13 tower, if the costs incurred were incurred by the 

14 airport or the State or political subdivision of a 

15 State having jurisdiction over the airport where 

16 the tower is or will be located. 

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

18 Administration not directly associated with the 

19 actual operation of the tower. 

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

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

22 ratio determination to acknowledge and account for 

23 any direct or indirect factors that are not included in 

24 the criteria the Secretary used in calculating the ben25 efit-to-cost ratio. 
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1 ‘‘(6) PROCEDURES.—The Secretary shall estab2 lish procedures— 

3 ‘‘(A) to allow an airport or the State or po4 litical subdivision of a State having jurisdiction 

5 over the airport where the tower is located not 

6 less than 90 days following the receipt of an ini7 tial benefit-to-cost ratio determination from the 

8 Secretary— 

9 ‘‘(i) to request the Secretary reconsider 

10 that determination; and 

11 ‘‘(ii) to submit updated or additional 

12 data to the Secretary in support of the re13 consideration; 

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

15 90 days to review the data submitted under sub16 paragraph (A)(ii) and respond to the request 

17 under subparagraph (A)(i); 

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

19 subdivision of a State, as applicable, 30 days fol20 lowing the date of the response under subpara21 graph (B) to review the response before any ac22 tion is taken based on a benefit-to-cost deter23 mination; and 

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

25 described in subparagraph (C), an 18-month 
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1 grace period before cost-share payments are due 

2 from the airport, State, or political subdivision 

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

4 ratio determination the airport, State, or polit5 ical subdivision, as applicable, is required to 

6 transition to the Cost-share Program. 

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

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

9 ‘Contract Tower Program’ means the level I air traf10 fic control tower contract program established under 

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

12 ‘‘(2) COST-SHARE PROGRAM.—The term ‘Cost13 share Program’ means the cost-share program estab14 lished under subsection (b)(3).’’. 

15 (e) CONFORMING AMENDMENTS.—Section 47124(b) is 

16 amended— 

17 (1) in paragraph (1)(C), by striking ‘‘the pro18 gram established under paragraph (3)’’ and inserting 

19 ‘‘the Cost-share Program’’; 

20 (2) in paragraph (3)— 

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

22 AIR TRAFFIC CONTROL TOWER PROGRAM’’ and 

23 inserting ‘‘COST-SHARE PROGRAM’’; 

24 (B) in subparagraph (A), by striking ‘‘con25 tract tower program established under subsection 
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1 (a) and continued under paragraph (1) (in this 

2 paragraph referred to as the ‘Contract Tower 

3 Program’)’’ and inserting ‘‘Contract Tower Pro4 gram’’; 

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

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

7 carrying out the Cost-share Program’’; 

8 (D) in subparagraph (C), by striking ‘‘par9 ticipate in the program’’ and inserting ‘‘partici10 pate in the Cost-share Program’’; 

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

12 ‘‘under the program’’ and inserting ‘‘under the 

13 Cost-share Program’’; and 

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

15 program continued under paragraph (1)’’ and 

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

17 (3) in paragraph (4)(B)(i)(I), by striking ‘‘con18 tract tower program established under subsection (a) 

19 and continued under paragraph (1) or the pilot pro20 gram established under paragraph (3)’’ and inserting 

21 ‘‘Contract Tower Program or the Cost-share Pro22 gram’’. 

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

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

25 Part 121 air service and more than 25,000 passenger 
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1 enplanements in calendar year 2014 shall be exempt from 

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

3 (g) SAVINGS PROVISION.—Notwithstanding the 

4 amendments made by this section, the towers for which as5 sistance is being provided under section 41724 of title 49, 

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

7 of this Act may continue to be provided such assistance 

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

9 SEC. 1205. APPROVAL OF CERTAIN APPLICATIONS FOR THE 

10 CONTRACT TOWER PROGRAM. 

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

12 Aviation Administration has not implemented a revised 

13 cost-benefit methodology for purposes of determining eligi14 bility for the Contract Tower Program before the date that 

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

16 traffic control tower with an application for participation 

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

18 2016, shall be approved for participation in the Contract 

19 Tower Program if the Administrator determines the tower 

20 is eligible under the criteria set forth in the Federal Avia21 tion Administration report, Establishment and Discontinu22 ance Criteria for Airport Traffic Control Towers, dated Au23 gust 1990 (FAA–APO–90–7). 

24 (b) REQUESTS FOR ADDITIONAL AUTHORITY.—The 

25 Administrator shall respond not later than 30 days after 
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1 the date the Administrator receives a formal request from 

2 an airport and air traffic control contractor for additional 

3 authority to expand contract tower operational hours and 

4 staff to accommodate flight traffic outside of current tower 

5 operational hours. 

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

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

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

9 United States Code. 

10 SEC. 1206. REMOTE TOWERS. 

11 (a) PILOT PROGRAM.— 

12 (1) ESTABLISHMENT.—The Administrator of the 

13 Federal Aviation Administration shall establish— 

14 (A) in consultation with airport operators 

15 and general aviation users, a pilot program at 

16 public-use airports to construct and operate re17 mote towers; and 

18 (B) a selection process for participation in 

19 the pilot program. 

20 (2) SAFETY CONSIDERATIONS.—In establishing 

21 the pilot program, the Administrator shall consult 

22 with operators of remote towers in foreign countries 

23 to design the pilot program in a manner that 

24 leverages as many safety and airspace efficiency bene25 fits as possible. 
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1 (3) REQUIREMENTS.—In selecting the airports 

2 for participation in the pilot program, the Adminis3 trator shall— 

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

5 least 2 different vendors of remote tower systems 

6 participate; 

7 (B) include at least 1 airport currently in 

8 the Contract Tower Program and at least 1 air9 port that does not have an air traffic control 

10 tower; and 

11 (C) clearly identify the research questions 

12 that will be addressed at each airport. 

13 (4) RESEARCH.—In selecting an airport for par14 ticipation in the pilot program, the Administrator 

15 shall consider— 

16 (A) how inclusion of that airport will add 

17 research value to assist the Administrator in 

18 evaluating the feasibility, safety, and cost-bene19 fits of remote towers; 

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

21 an airport; and 

22 (C) the costs and benefits of including that 

23 airport. 

24 (5) DATA.—The Administrator shall clearly 

25 identify and collect air traffic control information 
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1 and data from participating airports that will assist 

2 the Administrator in evaluating the feasibility, safety, 

3 and cost-benefits of remote towers. 

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

5 date the first remote tower is operational, and annu6 ally thereafter, the Administrator shall submit to the 

7 appropriate committees of Congress a report— 

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

9 improvements associated with the use of the re10 mote towers; and 

11 (B) evaluating the feasibility of using re12 mote towers, particularly in the Contract Tower 

13 Program and for airports without any air traffic 

14 control tower, or to improve safety at airports 

15 with towers. 

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

17 date of enactment of this Act, the Administrator shall 

18 select airports for participation in the pilot program. 

19 (8) DEFINITIONS.—In this subsection: 

20 (A) CONTRACT TOWER PROGRAM.—The 

21 term ‘‘Contract Tower Program’’ has the mean22 ing given the term in section 47124(e) of title 49, 

23 United States Code. 

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

25 tower’’ means a system whereby air traffic serv-
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1 ices are provided to operators at an airport from 

2 a location that may not be on or near the air3 port. 

4 (b) AIP FUNDING ELIGIBILITY.—For purposes of the 

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

6 systems are available, constructing a remote tower or ac7 quiring and installing air traffic control, communications, 

8 or related equipment for a remote tower shall be considered 

9 airport development (as defined in section 47102 of title 

10 49, United States Code) for purposes of subchapter I of 

11 chapter 471 of that title if components are installed and 

12 used at the airport, except for off-airport sensors installed 

13 on leased towers, as needed. 

14 SEC. 1207. MIDWAY ISLAND AIRPORT. 

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

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

17 is amended by striking ‘‘and for the period beginning on 

18 October 1, 2015, and ending on July 15, 2016,’’ and insert19 ing ‘‘and for fiscal years 2016 through 2017’’. 

20 SEC. 1208. AIRPORT ROAD FUNDING. 

21 (a) AIRPORT DEVELOPMENT GRANT ASSURANCES.— 

22 Section 47107(b) is amended by adding at the end the fol23 lowing: 

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

25 airport revenue for the maintenance and improve-
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1 ment of the on-airport portion of a surface transpor2 tation facility providing access to an airport and 

3 non-airport locations if the surface transportation fa4 cility is owned or operated by the airport owner or 

5 operator and the use of airport revenue is prorated to 

6 airport use and limited to portions of the facility lo7 cated on the airport. The Secretary shall determine 

8 the maximum percentage contribution of airport rev9 enue toward surface transportation facility mainte10 nance or improvement, taking into consideration the 

11 current and projected use of the surface transpor12 tation facility located on the airport for airport and 

13 non-airport purposes. The de minimus use, as deter14 mined by the Secretary, of a surface transportation 

15 facility for non-airport purposes shall not require 

16 prorating.’’. 

17 (b) RESTRICTIONS ON THE USE OF AIRPORT REV18 ENUE.—Section 47133(c) is amended— 

19 (1) by inserting ‘‘(1)’’ before ‘‘Nothing’’ and in20 denting appropriately; and 

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

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

23 prevent the use of airport revenue for the prorated 

24 maintenance and improvement costs of the on-airport 
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1 portion of the surface transportation facility, subject 

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

3 SEC. 1209. REPEAL OF INHERENTLY LOW-EMISSION AIR4 PORT VEHICLE PILOT PROGRAM. 

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

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

8 the item relating to section 47136 and inserting the fol9 lowing: 

‘‘47136. [Reserved].’’. 

10 SEC. 1210. MODIFICATION OF ZERO-EMISSION AIRPORT VE11 HICLES AND INFRASTRUCTURE PILOT PRO12 GRAM. 

13 Section 47136a is amended— 

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

15 and inserting ‘‘used exclusively for transporting pas16 sengers on-airport or for employee shuttle buses with17 in the airport, including’’; and 

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

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

20 Aviation Administration Reauthorization Act of 

21 2016,’’ after ‘‘section 47136’’. 

22 SEC. 1211. REPEAL OF AIRPORT GROUND SUPPORT EQUIP23 MENT EMISSIONS RETROFIT PILOT PRO24 GRAM. 

25 (a) REPEAL.—Section 47140 is repealed. 
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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

3 the item relating to section 47140 and inserting the fol4 lowing: 

‘‘47140. [Reserved].’’. 

5 SEC. 1212. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EF6 FICIENCY ASSESSMENTS. 

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

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

9 to reimburse the airport sponsor for the costs incurred in 

10 conducting the assessment.’’. 

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

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

13 safety projects would be deferred by prioritizing a grant 

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

15 SEC. 1213. RECYCLING PLANS; SAFETY PROJECTS AT UN16 CLASSIFIED AIRPORTS. 

17 Section 47106(a) is amended— 

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

19 inserting a semicolon; 

20 (2) in paragraph (6)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘for an airport that has an air23 port master plan, the master plan addresses’’ 

24 and inserting ‘‘a master plan project, it will ad25 dress’’; and 
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1 (B) in subparagraph (E), by striking the 

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

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

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

5 the project will be funded with an amount appor6 tioned under subsection 47114(d)(3)(B) and is— 

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

8 primary runway; 

9 ‘‘(B) for obstruction removal for the pri10 mary runway; 

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

12 runway; or 

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

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

15 SEC. 1214. TRANSFERS OF INSTRUMENT LANDING SYSTEMS. 

16 Section 44502(e) is amended by striking the first sen17 tence and inserting ‘‘An airport may transfer, without con18 sideration, to the Administrator of the Federal Aviation Ad19 ministration an instrument landing system consisting of a 

20 glide slope and localizer that conforms to performance speci21 fications of the Administrator if an airport improvement 

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

23 and if the Federal Aviation Administration has determined 

24 that a satellite navigation system cannot provide a suitable 

25 approach.’’. 
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1 SEC. 1215. NON-MOVEMENT AREA SURVEILLANCE PILOT 

2 PROGRAM. 

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

4 amended by adding at the end the following: 

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

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

8 Aviation Administration may carry out a pilot program 

9 to support non-Federal acquisition and installation of 

10 qualifying non-movement area surveillance surface display 

11 systems and sensors if— 

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

14 area surveillance surface display systems and sensors 

15 improve safety or capacity in the National Airspace 

16 System; and 

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

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

22 ‘‘(b) PROJECT GRANTS.— 

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

24 the pilot program, the Administrator may make a 

25 project grant out of funds apportioned under para26 graph (1) or paragraph (2) of section 47114(c) to not 
33 

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1 more than 5 eligible sponsors to acquire and install 

2 qualifying non-movement area surveillance surface 

3 display systems and sensors. The Administrator may 

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

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

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

10 Making process. 

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

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

16 that have been accepted in the procurement procedure 

17 or using Federal Aviation Administration contracts. 

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

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

23 of system-related equipment and its installation by 

24 the sponsor, using such grant funds, from the sup25 pliers with which the Administrator has contracted. 
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† HR 636 EAS 

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

3 allow airport participation in the Federal Aviation 

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

7 systems. 

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

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

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

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

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

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

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

23 non-movement area surveillance surface display sys24 tem that— 
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1 ‘‘(A) provides the required transmit and re2 ceive data formats consistent with the National 

3 Airspace System architecture at the appropriate 

4 service delivery point; 

5 ‘‘(B) is on-airport; and 

6 ‘‘(C) is airport operated.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

9 after the item relating to section 47142 the following: 

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

10 SEC. 1216. AMENDMENTS TO DEFINITIONS. 

11 Section 47102 is amended— 

12 (1) by redesignating paragraphs (10) through 

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

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

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

16 (3) in paragraph (3)— 

17 (A) in subparagraph (B)— 

18 (i) by redesignating clauses (iii) 

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

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

23 ‘‘(II) security equipment owned 

24 and operated by the airport, including 

25 explosive detection devices, universal 
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† HR 636 EAS 

1 access control systems, perimeter fenc2 ing, and emergency call boxes, which 

3 the Secretary may require by regula4 tion for, or approve as contributing 

5 significantly to, the security of individ6 uals and property at the airport; 

7 ‘‘(III) safety apparatus owned 

8 and operated by the airport, which the 

9 Secretary may require by regulation 

10 for, or approve as contributing signifi11 cantly to, the safety of individuals and 

12 property at the airport, and integrated 

13 in-pavement lighting systems for run14 ways and taxiways and other runway 

15 and taxiway incursion prevention de16 vices;’’; 

17 (B) in subparagraph (K), by striking ‘‘such 

18 project will result in an airport receiving appro19 priate’’ and inserting ‘‘the airport would be able 

20 to receive’’; and 

21 (C) in subparagraph (L)— 

22 (i) by striking ‘‘or conversion of vehi23 cles and’’ and inserting ‘‘of vehicles used ex24 clusively for transporting passengers on-air-
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1 port, employee shuttle buses within the air2 port, or’’; 

3 (ii) by striking ‘‘airport, to’’ and in4 serting ‘‘airport and equipped with’’; and 

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

6 project will result in an airport receiving 

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

8 the airport would be able to receive’’; 

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

10 and inserting ‘‘requirements’’; 

11 (5) by inserting after paragraph (6) the fol12 lowing: 

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

14 airport that has an identified role in the National 

15 Plan of Integrated Airport Systems.’’; 

16 (6) in paragraph (9), as redesignated, by strik17 ing ‘‘public’’ and inserting ‘‘public-use’’; 

18 (7) by inserting after paragraph (10), as redesig19 nated, the following: 

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

21 by the Department of Defense, at which both military 

22 and civilian aircraft make shared use of the air23 field.’’; 

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

25 amending subparagraph (B)(i) to read as follows: 
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1 ‘‘(i) determined by the Secretary to 

2 have at least— 

3 ‘‘(I) 100 based aircraft that are 

4 currently registered with the Federal 

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

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

8 currently registered with the Federal 

9 Aviation Administration where, for the 

10 purposes of this clause, ‘based’ means 

11 the aircraft or jet aircraft overnights at 

12 the airport for the greater part of the 

13 year; or’’; and 

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

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

16 airport that is included in the National Plan of Inte17 grated Airport Systems that is not categorized by the 

18 Administrator of the Federal Aviation Administra19 tion in the most current report entitled General Avia20 tion Airports: A National Asset.’’. 

21 SEC. 1217. CLARIFICATION OF NOISE EXPOSURE MAP UP22 DATES. 

23 Section 47503(b) is amended— 

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

25 airport would establish’’ and inserting ‘‘there is a 
39 

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1 change in the operation of the airport that would es2 tablish’’; and 

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

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

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

6 the airport operator under subsection (a); or 

7 ‘‘(2) the implementation timeframe of the opera8 tor’s noise compatibility program’’. 

9 SEC. 1218. PROVISION OF FACILITIES. 

10 Section 44502 is amended by adding at the end the 

11 following: 

12 ‘‘(f) AIRPORT SPACE.— 

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

14 require an airport owner or sponsor (as defined in 

15 section 47102) to provide to the Federal Aviation Ad16 ministration without cost any of the following: 

17 ‘‘(A) Building construction, maintenance, 

18 utilities, or expenses for services relating to air 

19 traffic control, air navigation, or weather report20 ing. 

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

23 traffic control, air navigation, or weather report24 ing. 
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† HR 636 EAS 

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

2 subsection may be construed to affect— 

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

4 or make with an airport owner or sponsor for 

5 the airport owner or sponsor to provide any of 

6 the items described in subparagraph (A) or sub7 paragraph (B) of paragraph (1) at below-market 

8 rates; or 

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

10 airport owner or sponsor to provide land to the 

11 Administration without cost for an air traffic 

12 control facility.’’. 

13 SEC. 1219. CONTRACT WEATHER OBSERVERS. 

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

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

16 Aviation Administration shall submit to the appropriate 

17 committees of Congress a report— 

18 (1) which includes public and stakeholder input, 

19 and examines all safety risks, hazard effects, efficiency 

20 and operational effects on airports, airlines, and 

21 other stakeholders that could result from loss of con22 tract weather observer service at the 57 airports tar23 geted for the loss of this service; 

24 (2) detailing how the Federal Aviation Adminis25 tration will accurately report rapidly changing severe 
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1 weather conditions at these airports, including thun2 derstorms, lightning, fog, visibility, smoke, dust, haze, 

3 cloud layers and ceilings, ice pellets, and freezing 

4 rain or drizzle without contract weather observers; 

5 (3) indicating how airports can comply with ap6 plicable Federal Aviation Administration orders gov7 erning weather observations given the current docu8 mented limitations of automated surface observing 

9 systems; and 

10 (4) identifying the process through which the 

11 Federal Aviation Administration analyzed the safety 

12 hazards associated with the elimination of the con13 tract weather observer program. 

14 (b) CONTINUED USE OF CONTRACT WEATHER OB15 SERVERS.—The Administrator may not discontinue the 

16 contract weather observer program at any airport until Oc17 tober 1, 2017. 

18 (c) REPORT ON GOLDEN TRIANGLE INITIATIVE OF

19 NOAA.— 

20 (1) REPORT REQUIRED.—Not later than 1 year 

21 after the date of enactment of this Act, the Adminis22 trator of the National Oceanic and Atmospheric Ad23 ministration and the Administrator of the Federal 

24 Aviation Administration shall jointly submit to the 

25 appropriate committees of Congress a report on the 
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1 Golden Triangle Initiative of the National Oceanic 

2 and Atmospheric Administration. 

3 (2) ELEMENTS.—The report shall include the fol4 lowing: 

5 (A) An assessment of the impacts of en6 hanced aviation forecast services provided as 

7 part of the Golden Triangle Initiative on weath8 er-related air traffic delays. 

9 (B) A description of the costs of providing 

10 such enhanced aviation forecast services. 

11 (C) A description of potential alternative 

12 mechanisms to provide enhanced aviation fore13 cast services comparable to such enhanced avia14 tion forecast services for airports in rural or low 

15 population density areas. 

16 SEC. 1220. FEDERAL SHARE ADJUSTMENT. 

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

18 ‘‘(5) 95 percent for a project at an airport for 

19 which the United States Government’s share would 

20 otherwise be capped at 90 percent under paragraph 

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

22 that the project is a successive phase of a multi23 phased construction project for which the sponsor re24 ceived a grant in fiscal year 2011 or earlier.’’. 
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† HR 636 EAS 

1 SEC. 1221. MISCELLANEOUS TECHNICAL AMENDMENTS. 

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

3 amended— 

4 (1) in subsection (a), by striking ‘‘Transpor5 tation’’ and inserting ‘‘Homeland Security’’; 

6 (2) in subsection (e), by striking ‘‘Homeland Se7 curity’’ and inserting ‘‘Transportation’’; and 

8 (3) in subsection (g), by inserting ‘‘of Transpor9 tation’’ after ‘‘Secretary’’ the first place it appears. 

10 (b) SECTION 516 PROPERTY CONVEYANCE RE11 LEASES.—Section 817(a) of the FAA Modernization and 

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

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

14 section 23’’; and 

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

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

17 States Code’’. 

18 SEC. 1222. MOTHERS’ ROOMS AT AIRPORTS. 

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

20 amended by section 1216 of this Act, is further amended— 

21 (1) by redesignating paragraphs (12) through 

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

23 and 

24 (2) by inserting after paragraph (11) the fol25 lowing: 
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1 ‘‘(12) ‘lactation area’ means a room or other lo2 cation in a commercial service airport that— 

3 ‘‘(A) provides a location for members of the 

4 public to express breast milk that is shielded 

5 from view and free from intrusion from the pub6 lic; 

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

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

9 flat surface, and an electrical outlet; 

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

11 individuals with disabilities, including individ12 uals who use wheelchairs; and 

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

14 (b) PROJECT GRANTS WRITTEN ASSURANCES FOR

15 LARGE AND MEDIUM HUB AIRPORTS.— 

16 (1) IN GENERAL.—Section 47107(a) is amend17 ed— 

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

19 at the end; 

20 (B) in paragraph (21), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(22) with respect to a medium or large hub air24 port, the airport owner or operator will maintain a 

25 lactation area in each passenger terminal building of 
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1 the airport in the sterile area (as defined in section 

2 1540.5 of title 49, Code of Federal Regulations) of the 

3 building.’’. 

4 (2) APPLICABILITY.— 

5 (A) IN GENERAL.—The amendment made 

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

7 application submitted for a fiscal year beginning 

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

9 of enactment of this Act. 

10 (B) SPECIAL RULE.—The requirement in 

11 the amendments made by paragraph (1) that a 

12 lactation area be located in the sterile area of a 

13 passenger terminal building shall not apply with 

14 respect to a project grant application for a pe15 riod of time, determined by the Secretary of 

16 Transportation, if the Secretary determines that 

17 construction or maintenance activities make it 

18 impracticable or unsafe for the lactation area to 

19 be located in the sterile area of the building. 

20 (c) TERMINAL DEVELOPMENT COSTS.—Section 

21 47119(a) is amended by adding at the end the following: 

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

23 projects described in paragraph (1), the Secretary 

24 may approve a project for terminal development for 
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1 the construction or installation of a lactation area at 

2 a commercial service airport.’’. 

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

4 airport sponsor, the Secretary of Transportation may deter5 mine that a lactation area in existence on the date of enact6 ment of this Act complies with the requirement of para7 graph (22) of section 47107(a) of title 49, United States 

8 Code, as added by subsection (b), notwithstanding the ab9 sence of one of the facilities or characteristics referred to 

10 in the definition of the term ‘‘lactation area’’ in paragraph 

11 (12) of section 47102 of such title, as added by subsection 

12 (a). 

13 SEC. 1223. ELIGIBILITY FOR AIRPORT DEVELOPMENT 

14 GRANTS AT AIRPORTS THAT ENTER INTO 

15 CERTAIN LEASES WITH COMPONENTS OF THE 

16 ARMED FORCES. 

17 Section 47107, as amended by section 1208 of this Act, 

18 is further amended by adding at the end the following: 

19 ‘‘(t) AIRPORTS THAT ENTER INTO CERTAIN LEASES

20 WITH THE ARMED FORCES.—The Secretary of Transpor21 tation may not disapprove a project grant application 

22 under this subchapter for an airport development project 

23 at an airport solely because the airport renews a lease for 

24 the use, at a nominal rate, of airport property by a regular 

25 or reserve component of the Armed Forces, including the 
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1 National Guard, without regard to whether that component 

2 operates aircraft at the airport.’’. 

3 SEC. 1224. CLARIFICATION OF DEFINITION OF AVIATION4 RELATED ACTIVITY FOR HANGAR USE. 

5 Section 47107, as amended by section 1223 of this Act, 

6 is further amended by adding at the end the following: 

7 ‘‘(u) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 

8 ‘‘(1) IN GENERAL.—The construction of a covered 

9 aircraft shall be treated as an aeronautical activity 

10 for purposes of— 

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

12 with a grant assurance made under this section 

13 or any other provision of law; and 

14 ‘‘(B) the receipt of Federal financial assist15 ance for airport development. 

16 ‘‘(2) COVERED AIRCRAFT DEFINED.—In this sub17 section, the term ‘covered aircraft’ means an air18 craft— 

19 ‘‘(A) used or intended to be used exclusively 

20 for recreational purposes; and 

21 ‘‘(B) constructed or under construction, re22 pair, or restoration by a private individual at a 

23 general aviation airport.’’. 
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1 SEC. 1225. USE OF AIRPORT IMPROVEMENT PROGRAM 

2 FUNDS FOR RUNWAY SAFETY REPAIRS. 

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

4 amended by this subtitle, is further amended by adding at 

5 the end the following: 

6 ‘‘§ 47144. Use of funds for repairs for runway safety re7 pairs 

8 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

9 may make project grants under this subchapter to an air10 port described in subsection (b) from funds under section 

11 47114 apportioned to that airport or funds available for 

12 discretionary grants to that airport under section 47115 to 

13 conduct airport development to repair the runway safety 

14 area of the airport damaged as a result of a natural disaster 

15 in order to maintain compliance with the regulations of 

16 the Federal Aviation Administration relating to runway 

17 safety areas, without regard to whether construction of the 

18 runway safety area damaged was carried out using 

19 amounts the airport received under this subchapter. 

20 ‘‘(b) AIRPORTS DESCRIBED.—An airport is described 

21 in this subsection if— 

22 ‘‘(1) the airport is a public-use airport; 

23 ‘‘(2) the airport is listed in the National Plan of 

24 Integrated Airport Systems of the Federal Aviation 

25 Administration; 
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1 ‘‘(3) the runway safety area of the airport was 

2 damaged as a result of a natural disaster; 

3 ‘‘(4) the airport was denied funding under the 

4 Robert T. Stafford Disaster Relief and Emergency As5 sistance Act (42 U.S.C. 4121 et seq.) with respect to 

6 the disaster; 

7 ‘‘(5) the operator of the airport has exhausted all 

8 legal remedies, including legal action against any 

9 parties (or insurers thereof) whose action or inaction 

10 may have contributed to the need for the repair of the 

11 runway safety area; 

12 ‘‘(6) there is still a demonstrated need for the 

13 runway safety area to accommodate current or immi14 nent aeronautical demand; and 

15 ‘‘(7) the cost of repairing or replacing the run16 way safety area is reasonable in relation to the an17 ticipated operational benefit of repairing the runway 

18 safety area, as determined by the Administrator of the 

19 Federal Aviation Administration.’’. 

20 (b) CONFORMING AMENDMENT.—The table of contents 

21 for chapter 471, as amended by this subtitle, is further 

22 amended by inserting after the item relating to section 

23 47143 the following: 

‘‘47144. Use of funds for repairs for runway safety repairs.’’. 

24 SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN. 

25 Section 47113(a)(1) is amended to read as follows: 
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1 ‘‘(1) ‘small business concern’— 

2 ‘‘(A) except as provided in subparagraph 

3 (B), has the same meaning given that term in 

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

5 632); and 

6 ‘‘(B) in the case of a concern in the con7 struction industry, a concern shall be considered 

8 a small business concern if the concern meets the 

9 size standard for the North American Industry 

10 Classification System Code 237310, as adjusted 

11 by the Small Business Administration;’’. 

12 Subtitle C—Passenger Facility 

13 Charges 

14 SEC. 1301. PFC STREAMLINING. 

15 (a) PASSENGER FACILITY CHARGES; GENERAL AU16 THORITY.—Section 40117(b)(4) is amended— 

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

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

19 a period; and 

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

21 (b) PILOT PROGRAM FOR PASSENGER FACILITY

22 CHARGE AUTHORIZATIONS AT NONHUB AIRPORTS.—Sec23 tion 40117(l) is amended— 

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

25 inserting ‘‘CERTAIN’’; and 
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1 (2) in paragraph (1), by striking ‘‘nonhub’’ and 

2 inserting ‘‘nonhub, small hub, medium hub, and large 

3 hub’’. 

4 SEC. 1302. INTERMODAL ACCESS PROJECTS. 

5 Section 40117 is amended by adding at the end the 

6 following: 

7 ‘‘(n) PFC ELIGIBILITY FOR INTERMODAL GROUND AC8 CESS PROJECTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary may authorize 

10 a passenger facility charge imposed under subsection 

11 (b)(1) to be used to finance the eligible capital costs 

12 of an intermodal ground access project. 

13 ‘‘(2) DEFINITION OF INTERMODAL GROUND AC14 CESS PROJECT.—In this subsection, the term ‘inter15 modal ground access project’ means a project for con16 structing a local facility owned or operated by an eli17 gible agency that— 

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

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

20 the movement of passengers or property traveling 

21 in air transportation. 

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

23 capital costs of an intermodal ground access project 

24 shall be the lesser of— 
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1 ‘‘(A) the total capital cost of the project 

2 multiplied by the ratio that the number of indi3 viduals projected to use the project to gain access 

4 to or depart from the airport bears to the total 

5 number of individuals projected to use the local 

6 facility; or 

7 ‘‘(B) the total cost of the capital improve8 ments that are located on airport property. 

9 ‘‘(4) DETERMINATIONS.—The Secretary shall de10 termine the projected use and cost of a project for 

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

12 approved under this subsection, except that, in the 

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

14 administered by the Federal Transit Administration, 

15 the Secretary shall use the travel forecasting model for 

16 the project at the time the project is approved by the 

17 Federal Transit Administration to enter preliminary 

18 engineering to determine the projected use and cost of 

19 the project for purposes of paragraph (3). 

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

21 property, any area of which is located in a non22 attainment area (as defined under section 171 of the 

23 Clean Air Act (42 U.S.C. 7501)) for 1 or more cri24 teria pollutant, the airport emissions reductions from 

25 less airport surface transportation and parking as a 
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1 direct result of the development of an intermodal 

2 project on the airport property would be eligible for 

3 air quality emissions credits.’’. 

4 SEC. 1303. USE OF REVENUE AT A PREVIOUSLY ASSOCIATED 

5 AIRPORT. 

6 Section 40117, as amended by section 1302 of this Act, 

7 is further amended by adding at the end the following: 

8 ‘‘(o) USE OF REVENUES AT A PREVIOUSLY ASSOCI9 ATED AIRPORT.—Notwithstanding the requirements relat10 ing to airport control under subsection (b)(1), the Secretary 

11 may authorize use of a passenger facility charge under sub12 section (b) to finance an eligible airport-related project if— 

13 ‘‘(1) the eligible agency seeking to impose the 

14 new charge controls an airport where a $2.00 pas15 senger facility charge became effective on January 1, 

16 2013; and 

17 ‘‘(2) the location of the project to be financed by 

18 the new charge is at an airport that was under the 

19 control of the same eligible agency that had controlled 

20 the airport described in paragraph (1).’’. 

21 SEC. 1304. FUTURE AVIATION INFRASTRUCTURE AND FI22 NANCING STUDY. 

23 (a) FUTURE AVIATION INFRASTRUCTURE AND FINANC24 ING STUDY.—Not later than 60 days after the date of enact25 ment of this Act, the Secretary of Transportation shall enter 
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1 into an agreement with the Transportation Research Board 

2 of the National Academies to conduct a study and make 

3 recommendations on the actions needed to upgrade and re4 store the national aviation infrastructure system to its role 

5 as a premier system that meets the growing and shifting 

6 demands of the 21st century, including airport infrastruc7 ture needs and existing financial resources for commercial 

8 service airports. 

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

10 Transportation Research Board shall convene and consult 

11 with a panel of national experts, including— 

12 (1) nonhub airports; 

13 (2) small hub airports; 

14 (3) medium hub airports; 

15 (4) large hub airports; 

16 (5) airports with international service; 

17 (6) non-primary airports; 

18 (7) local elected officials; 

19 (8) relevant labor organizations; 

20 (9) passengers; 

21 (10) air carriers; and 

22 (11) representatives of the tourism industry. 

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

24 Transportation Research Board shall consider— 
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1 (1) the ability of airport infrastructure to meet 

2 current and projected passenger volumes; 

3 (2) the available financial tools and resources for 

4 airports of different sizes; 

5 (3) the current debt held by airports, and its im6 pact on future construction and capacity needs; 

7 (4) the impact of capacity constraints on pas8 sengers and ticket prices; 

9 (5) the purchasing power of the passenger facil10 ity charge from the last increase in 2000 to the year 

11 of enactment of this Act; 

12 (6) the impact to passengers and airports of in13 dexing the passenger facility charge for inflation; 

14 (7) how long airports are constrained with cur15 rent passenger facility charge collections; 

16 (8) the impact of passenger facility charges to 

17 promote competition; 

18 (9) the additional resources or options to fund 

19 terminal construction projects; 

20 (10) the resources eligible for use toward noise 

21 reduction and emission reduction projects; 

22 (11) the gap between AIP-eligible projects and 

23 the annual Federal funding provided; 

24 (12) the impact of regulatory requirements on 

25 airport infrastructure financing needs; 
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1 (13) airline competition; 

2 (14) airline ancillary fees and their impact on 

3 ticket pricing and taxable revenue; and 

4 (15) the ability of airports to finance necessary 

5 safety, security, capacity, and environmental projects 

6 identified in capital improvement plans. 

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

8 of enactment of this Act, the Transportation Research 

9 Board shall submit to the Secretary and the appropriate 

10 committees of Congress a report on its findings and rec11 ommendations. 

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

13 sums as are necessary to carry out the requirements of this 

14 section. 

15 TITLE II—SAFETY 

16 Subtitle A—Unmanned Aircraft 

17 Systems Reform 

18 SEC. 2001. DEFINITIONS. 

19 (a) IN GENERAL.—Unless expressly provided other20 wise, the terms used in this subtitle have the meanings given 

21 the terms in section 44801 of title 49, United States Code, 

22 as added by section 2121 of this Act. 

23 (b) DEFINITION OF CIVIL AIRCRAFT.—The term ‘‘civil 

24 aircraft’’ has the meaning given the term in section 40102 

25 of title 49, United States Code. 
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1 PART I—PRIVACY AND TRANSPARENCY 

2 SEC. 2101. UNMANNED AIRCRAFT SYSTEMS PRIVACY POL3 ICY. 

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

5 of any unmanned aircraft or unmanned aircraft system 

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

7 personal privacy consistent with the United States Con8 stitution and Federal, State, and local law. 

9 SEC. 2102. SENSE OF CONGRESS. 

10 It is the sense of Congress that— 

11 (1) each person that uses an unmanned aircraft 

12 system for compensation or hire, or in the furtherance 

13 of a business enterprise, except for news gathering, 

14 should have a written privacy policy consistent with 

15 section 2101 that is appropriate to the nature and 

16 scope of the activities regarding the collection, use, re17 tention, dissemination, and deletion of any data col18 lected during the operation of an unmanned aircraft 

19 system; 

20 (2) each privacy policy described in paragraph 

21 (1) should be periodically reviewed and updated as 

22 necessary; and 

23 (3) each privacy policy described in paragraph 

24 (1) should be publicly available. 
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1 SEC. 2103. FEDERAL TRADE COMMISSION AUTHORITY. 

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

3 an unmanned aircraft system for compensation or hire, or 

4 in the furtherance of a business enterprise, in the national 

5 airspace system shall be an unfair and deceptive practice 

6 in violation of section 5(a) of the Federal Trade Commis7 sion Act (15 U.S.C. 45(a)). 

8 SEC. 2104. NATIONAL TELECOMMUNICATIONS AND INFOR9 MATION ADMINISTRATION MULTI-STAKE10 HOLDER PROCESS. 

11 Not later than July 31, 2016, the Administrator of the 

12 National Telecommunications and Information Adminis13 tration shall submit to the appropriate committees of Con14 gress a report on the industry privacy best practices devel15 oped through the multi-stakeholder engagement process (es16 tablished under Presidential Memorandum of February 15, 

17 2015 (80 Fed. Reg. 9355)) on unmanned aircraft systems 

18 transparency and accountability. In addition to the agreed 

19 upon best practices, this report shall include relevant stake20 holder recommendations for legislative or regulatory action 

21 regarding privacy, accountability, and transparency, in22 cluding ways to encourage the adoption of privacy policies 

23 by companies that use unmanned aircraft systems for com24 pensation or hire, or in the furtherance of a business enter25 prise. The report shall take into account existing rights pro26 tected under the First Amendment to the United States 
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1 Constitution in public spaces and the First Amendment 

2 rights of journalists to control their archives. 

3 SEC. 2105. IDENTIFICATION STANDARDS. 

4 (a) IN GENERAL.—The Director of the National Insti5 tute of Standards and Technology, in collaboration with the 

6 Administrator of the Federal Aviation Administration, and 

7 in consultation with the Secretary of Transportation, the 

8 President of RTCA, Inc., and the Administrator of the Na9 tional Telecommunications and Information Administra10 tion, shall convene industry stakeholders to facilitate the de11 velopment of consensus standards for remotely identifying 

12 operators and owners of unmanned aircraft systems and 

13 associated unmanned aircraft. 

14 (b) CONSIDERATIONS.—As part of the standards devel15 oped under subsection (a), the Director shall consider— 

16 (1) requirements for remote identification of un17 manned aircraft systems; 

18 (2) appropriate requirements for different classi19 fications of unmanned aircraft systems operations, 

20 including public and civil; 

21 (3) the role of manufacturers, the Federal Avia22 tion Administration, and the owners of the systems 

23 described in paragraphs (1) and (2) in reporting and 

24 verifying identification data; and 
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1 (4) the feasibility of the development and oper2 ation of a publicly searchable online database to fur3 ther enable the immediate remote identification of 

4 any unmanned aircraft and its operator by the gen5 eral public and potential exceptions to inclusion in 

6 the online database. 

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

8 of enactment of this Act, the Director shall submit to the 

9 appropriate committees of Congress a report on the con10 sensus identification standards. 

11 (d) GUIDANCE.—Not later than 1 year after the date 

12 that the Director submits the report on the consensus identi13 fication standards under subsection (c), the Administrator 

14 of the Federal Aviation Administration shall issue regu15 latory guidance based on the consensus identification stand16 ards. 

17 SEC. 2106. COMMERCIAL AND GOVERNMENTAL OPERATORS. 

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

19 section 44808 of title 49, United States Code, in authorizing 

20 the operation of any public unmanned aircraft system or 

21 the operation of any unmanned aircraft system by a person 

22 conducting civil aircraft operations, the Administrator of 

23 the Federal Aviation Administration, to the extent prac24 ticable and consistent with applicable law and without 

25 compromising national security, homeland defense, or law 
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1 enforcement, shall make the identifying information in sub2 section (b) available to the public via an easily searchable 

3 online database. The Administrator shall place a clear and 

4 conspicuous link to the database on the home page of the 

5 Federal Aviation Administration’s website. 

6 (b) CONTENTS.—The database described in subsection 

7 (a) shall contain the following: 

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

9 applicable, authorized to conduct civil or public un10 manned aircraft systems operations described in sub11 section (a). 

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

13 aircraft system described in paragraph (1). 

14 (3) The expiration date of any authorization re15 lated to a person identified in paragraph (1) or para16 graph (2). 

17 (4) The contact information for each person 

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

19 telephone number and an electronic mail address, in 

20 accordance with applicable privacy laws. 

21 (5) The tail number or specific identification 

22 number of all unmanned aircraft authorized for use 

23 that links each unmanned aircraft to the owner of 

24 that aircraft. 
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1 (6) For any unmanned aircraft system that will 

2 collect personally identifiable information about indi3 viduals, including the use of facial recognition— 

4 (A) the circumstance under which the sys5 tem will be used; 

6 (B) the specific kinds of personally identifi7 able information that the system will collect 

8 about individuals; and 

9 (C) how the information referred to in sub10 paragraph (B), and the conclusions drawn from 

11 such information, will be used, disclosed, and 

12 otherwise handled, including— 

13 (i) how the collection or retention of 

14 such information that is unrelated to the 

15 specific use will be minimized; 

16 (ii) under what circumstances such in17 formation might be sold, leased, or otherwise 

18 provided to third parties; 

19 (iii) the period during which such in20 formation will be retained; 

21 (iv) when and how such information, 

22 including information no longer relevant to 

23 the specified use, will be destroyed; and 

24 (v) steps that will be used to protect 

25 against the unauthorized disclosure of any 
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1 information or data, such as the use of 

2 encryption methods and other security fea3 tures. 

4 (7) With respect to public unmanned aircraft 

5 systems— 

6 (A) the locations where the unmanned air7 craft system will operate; 

8 (B) the time during which the unmanned 

9 aircraft system will operate; 

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

11 (D) the technical capabilities that the un12 manned aircraft system possesses. 

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

14 (b)(1), to the extent practicable without compromising na15 tional security, homeland defense, or law enforcement shall 

16 maintain and make available to the Administrator for not 

17 less than 1 year a record of the name and contact informa18 tion of each person on whose behalf the unmanned aircraft 

19 system has been operated. 

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

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

22 enactment of this Act. 

23 (e) TERMINATION.—The Administrator may cease the 

24 operation of such database on September 30, 2017. 
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1 SEC. 2107. ANALYSIS OF CURRENT REMEDIES UNDER FED2 ERAL, STATE, AND LOCAL JURISDICTIONS. 

3 Not later than 1 year after the date of enactment of 

4 this Act, the Comptroller General of the United States shall 

5 conduct and submit to the appropriate committees of Con6 gress a review of the privacy issues and concerns associated 

7 with the operation of unmanned aircraft systems in the na8 tional airspace system that— 

9 (1) examines and identifies the existing Federal, 

10 State, or local laws, including constitutional law, that 

11 address an individual’s personal privacy; 

12 (2) identifies specific issues and concerns that 

13 may limit the availability of existing civil or crimi14 nal legal remedies regarding inappropriate operation 

15 of unmanned aircraft systems in the national air16 space system; 

17 (3) identifies any deficiencies in current Federal, 

18 State, or local privacy protections; and 

19 (4) recommends legislative or other actions to ad20 dress the limitations and deficiencies identified in 

21 paragraphs (2) and (3). 

22 PART II—UNMANNED AIRCRAFT SYSTEMS 

23 SEC. 2121. DEFINITIONS. 

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

25 by inserting after chapter 447 the following: 
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1 ‘‘CHAPTER 448—UNMANNED AIRCRAFT 

2 SYSTEMS 

‘‘Sec. 

‘‘44801. Definitions. 

3 ‘‘§ 44801. Definitions 

4 ‘‘In this chapter— 

5 ‘‘(1) ‘appropriate committees of Congress’ means 

6 the Committee on Commerce, Science, and Transpor7 tation of the Senate and the Committee on Transpor8 tation and Infrastructure of the House of Representa9 tives. 

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

11 Chukchi Sea, Beaufort Sea, and Bering Sea north of 

12 the Aleutian chain. 

13 ‘‘(3) ‘certificate of waiver’ and ‘certificate of au14 thorization’ mean a Federal Aviation Administration 

15 grant of approval for a specific flight operation. 

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

17 water that provide for launch, recovery, and oper18 ation of small unmanned aircraft. 

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

20 an unmanned aircraft system that meets the quali21 fications and conditions required for operation of a 

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

23 ‘‘(6) ‘sense and avoid capability’ means the ca24 pability of an unmanned aircraft to remain a safe 
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1 distance from and to avoid collisions with other air2 borne aircraft. 

3 ‘‘(7) ‘small unmanned aircraft’ means an un4 manned aircraft weighing less than 55 pounds, in5 cluding the weight of anything attached to or carried 

6 by the aircraft. 

7 ‘‘(8) ‘test range’ means a defined geographic area 

8 where research and development are conducted as au9 thorized by the Administrator of the Federal Aviation 

10 Administration. 

11 ‘‘(9) ‘test site’ means any of the 6 test ranges es12 tablished by the Administrator of the Federal Avia13 tion Administration under section 332(c) of the FAA 

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

15 40101 note), as in effect on the day before the date 

16 of enactment of the Federal Aviation Administration 

17 Reauthorization Act of 2016, and any public entity 

18 authorized by the Federal Aviation Administration as 

19 an unmanned aircraft system flight test center before 

20 January 1, 2009. 

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

22 that is operated without the possibility of direct 

23 human intervention from within or on the aircraft. 

24 ‘‘(11) ‘unmanned aircraft system’ means an un25 manned aircraft and associated elements (including 
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1 communication links and the components that control 

2 the unmanned aircraft) that are required for the oper3 ator to operate safely and efficiently in the national 

4 airspace system.’’. 

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

6 subtitle VII is amended by inserting after the item relating 

7 to chapter 447 the following: 

‘‘448. Unmanned Aircraft Systems ................................................................ 44801’’. 

8 SEC. 2122. UTILIZATION OF UNMANNED AIRCRAFT SYSTEM 

9 TEST SITES. 

10 (a) IN GENERAL.—Chapter 448, as designated by sec11 tion 2121 of this Act, is amended by inserting after section 

12 44801 the following: 

13 ‘‘§ 44802. Unmanned aircraft system test sites 

14 ‘‘(a)(1) IN GENERAL.—The Administrator of the Fed15 eral Aviation Administration shall establish and update, as 

16 appropriate, a program for the use of the 6 test sites estab17 lished under section 332(c) of the FAA Modernization and 

18 Reform Act of 2012 (49 U.S.C. 40101 note), and any public 

19 entity authorized by the Federal Aviation Administration 

20 as an unmanned aircraft system flight test center before 

21 January 1, 2009, to facilitate the safe integration of un22 manned aircraft systems into the national airspace system. 

23 ‘‘(2) TERMINATION.—The program shall terminate on 

24 September 30, 2022. 
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1 ‘‘(b) PROGRAM REQUIREMENTS.—In establishing the 

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

3 ‘‘(1) designate airspace for safely testing the in4 tegration of unmanned flight operations in the na5 tional airspace system; 

6 ‘‘(2) develop operational standards and air traf7 fic requirements for unmanned flight operations at 

8 test sites, including test ranges; 

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

10 of the National Aeronautics and Space Administra11 tion and the Department of Defense; 

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

13 aircraft systems; 

14 ‘‘(5) ensure that the program is coordinated with 

15 relevant aspects of the Next Generation Air Transpor16 tation System; 

17 ‘‘(6) provide for verification of the safety of un18 manned aircraft systems and related navigation pro19 cedures as it relates to continued development of 

20 standards for integration into the national airspace 

21 system; 

22 ‘‘(7) engage each test site operator in projects for 

23 research, development, testing, and evaluation of un24 manned aircraft systems to facilitate the Federal 

25 Aviation Administration’s development of standards 
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1 for the safe integration of unmanned aircraft into the 

2 national airspace system, which may include solu3 tions for— 

4 ‘‘(A) developing and enforcing geographic 

5 and altitude limitations; 

6 ‘‘(B) classifications of airspace where man7 ufacturers must prevent flight of an unmanned 

8 aircraft system; 

9 ‘‘(C) classifications of airspace where manu10 facturers of unmanned aircraft systems must 

11 alert the operator to hazards or limitations on 

12 flight; 

13 ‘‘(D) sense and avoid capabilities; 

14 ‘‘(E) beyond-line-of-sight, nighttime oper15 ations and unmanned traffic management, or 

16 other critical research priorities; and 

17 ‘‘(F) improving privacy protections through 

18 the use of advances in unmanned aircraft sys19 tems technology; 

20 ‘‘(8) coordinate periodically with all test site op21 erators to ensure test site operators know which data 

22 should be collected, what procedures should be fol23 lowed, and what research would advance efforts to 

24 safely integrate unmanned aircraft systems into the 

25 national airspace system; 
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1 ‘‘(9) allow a test site to develop multiple test 

2 ranges within the test site; 

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

4 sites when processing unmanned aircraft certificates 

5 of waiver or authorization for operations at the test 

6 sites; 

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

8 proprietary technology, sensitive data, or sensitive re9 search of any civil or private entity when using that 

10 test site without the need to obtain an experimental 

11 or special airworthiness certificate; 

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

13 more small unmanned aircraft systems beyond the 

14 visual line of sight of the operator for testing under 

15 controlled conditions that ensure the safety of persons 

16 and property, including on the ground; and 

17 ‘‘(13) allow test site operators to receive Federal 

18 funding, other than from the Federal Aviation Ad19 ministration, including in-kind contributions, from 

20 test site participants in the furtherance of research, 

21 development, and testing objectives. 

22 ‘‘(c) TEST SITE LOCATIONS.—In determining the loca23 tion of a test site under subsection (a), the Administrator 

24 shall— 
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1 ‘‘(1) take into consideration geographic and cli2 matic diversity; 

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

4 ground infrastructure and research needs; and 

5 ‘‘(3) consult with the Administrator of the Na6 tional Aeronautics and Space Administration and the 

7 Secretary of Defense. 

8 ‘‘(d) REPORT TO CONGRESS.— 

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

10 the date of enactment of the Federal Aviation Admin11 istration Reauthorization Act of 2016, the Adminis12 trator shall submit to the appropriate committees of 

13 Congress a report on the establishment and implemen14 tation of the program under subsection (a). 

15 ‘‘(2) BRIEFINGS.—Beginning 180 days after the 

16 date of enactment of the Federal Aviation Adminis17 tration Reauthorization Act of 2016, and every 180 

18 days thereafter until September 30, 2017, the Admin19 istrator shall provide to the appropriate committees of 

20 Congress a briefing that includes— 

21 ‘‘(A) a current summary of unmanned air22 craft systems operations at the test sites since the 

23 last briefing to Congress; 

24 ‘‘(B) a description of all of the data gen25 erated from the operations described in subpara-
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1 graph (A), and shared with the Federal Aviation 

2 Administration through a cooperative research 

3 and development agreement authorized in section 

4 2123 of the Federal Aviation Administration Re5 authorization Act of 2016, that relate to un6 manned aircraft systems research priorities, in7 cluding beyond-line-of-sight, unmanned traffic 

8 management, nighttime operations, and sense 

9 and avoid technology; 

10 ‘‘(C) a description of how the data described 

11 in subparagraph (B) will be or is used— 

12 ‘‘(i) to advance Federal Aviation Ad13 ministration priorities; 

14 ‘‘(ii) to validate the safety of un15 manned aircraft systems and related tech16 nology; and 

17 ‘‘(iii) to inform future rulemaking re18 lated to the integration of unmanned air19 craft systems into the national airspace; 

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

21 specific outcomes from activities at the test sites 

22 that support the safe integration of unmanned 

23 aircraft systems under this chapter; and 

24 ‘‘(E) recommendations for future Federal 

25 Aviation Administration test site operations that 
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1 would generate data necessary to inform future 

2 rulemaking related to unmanned aircraft sys3 tems. 

4 ‘‘(e) REVIEW OF OPERATIONS BY TEST SITE OPERA5 TORS.—The operator of each test site under subsection (a) 

6 shall— 

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

8 systems conducted at the test site, including— 

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

10 ‘‘(B) data regarding operations by private 

11 and public operators; and 

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

13 and manner as specified by the Administrator, the re14 sults of the review, including recommendations to fur15 ther enable private research and development oper16 ations at the test sites that contribute to the Federal 

17 Aviation Administration’s safe integration of un18 manned aircraft systems into the national airspace 

19 system, on a quarterly basis until the program termi20 nates. 

21 ‘‘(f) TESTING.—The Secretary may authorize an oper22 ator of a test site described in subsection (a) to administer 

23 testing requirements established by the Administrator for 

24 unmanned aircraft systems operations.’’. 

25 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 
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1 (1) TABLE OF CONTENTS.—The table of contents 

2 for chapter 448, as added by section 2121 of this Act, 

3 is further amended by inserting after the item relat4 ing to section 44801 the following: 

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

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

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

7 40101 note) is amended by striking subsection (c). 

8 SEC. 2123. ADDITIONAL RESEARCH, DEVELOPMENT, AND 

9 TESTING. 

10 (a) RESEARCH PLAN.—Not later than 1 year after the 

11 date of enactment of this Act, the Administrator of the Fed12 eral Aviation Administration and the United States Un13 manned Aircraft System Executive Committee, jointly, and 

14 in coordination with industry, users, the Center of Excel15 lence for Unmanned Aircraft Systems, and test site opera16 tors, shall develop a research plan to identify ongoing re17 search into the broad range of technical, procedural, and 

18 policy concerns arising from the integration of unmanned 

19 aircraft systems into the national airspace system, and re20 search needs regarding those concerns. In developing the 

21 plan, the Administrator shall determine and engage the ap22 propriate entities to meet the research needs identified in 

23 the plan. 

24 (b) COLLABORATIVE RESEARCH AND DEVELOPMENT

25 AGREEMENTS.—The Administrator may use the other 
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1 transaction authority under section 106(l)(6) of title 49, 

2 United States Code, and enter into collaborative research 

3 and development agreements, to direct research related to 

4 unmanned aircraft systems, including at any test site 

5 under section 44802(a) of that title, and in coordination 

6 with the Center of Excellence for Unmanned Aircraft Sys7 tems. 

8 (c) USE OF CENTER OF EXCELLENCE FOR UNMANNED

9 AIRCRAFT SYSTEMS.—The Administrator, in carrying out 

10 research necessary to establish the consensus safety stand11 ards and certification requirements in section 44803 of title 

12 49, United States Code, as added by section 2124, shall, 

13 to the maximum extent practicable, leverage the research 

14 and testing capacity and capabilities of the Center of Excel15 lence for Unmanned Aircraft Systems and the test sites (as 

16 defined in 44801 of such title, as added by section 2121). 

17 SEC. 2124. SAFETY STANDARDS. 

18 (a) IN GENERAL.—Chapter 448, as amended by sec19 tion 2122 of this Act, is further amended by inserting after 

20 section 44802 the following: 

21 ‘‘SEC. 44803. AIRCRAFT SAFETY STANDARDS. 

22 ‘‘(a) CONSENSUS AIRCRAFT SAFETY STANDARDS.— 

23 Not later than 60 days after the date of enactment of the 

24 Federal Aviation Administration Reauthorization Act of 

25 2016, the Director of the National Institute of Standards 
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1 and Technology and the Administrator of the Federal Avia2 tion Administration, in consultation with government and 

3 industry stakeholders and appropriate standards-setting or4 ganizations, shall initiate a collaborative process to develop 

5 risk-based, consensus industry airworthiness standards re6 lated to the safe integration of small unmanned aircraft 

7 systems into the national airspace system. 

8 ‘‘(b) CONSIDERATIONS.—In developing the consensus 

9 aircraft safety standards, the Director and Administrator 

10 shall consider the following: 

11 ‘‘(1) Technologies or standards related to geo12 graphic limitations, altitude limitations, and sense 

13 and avoid capabilities. 

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

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

16 the event that a communications link between a small 

17 unmanned aircraft and its operator is lost or com18 promised. 

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

20 the Federal Aviation Administration, and air traffic 

21 controllers, as appropriate. 

22 ‘‘(5) Means to prevent tampering with or modi23 fication of any system, limitation, or other safety 

24 mechanism or standard under this section or any 
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1 other provision of law, including a means to identify 

2 any tampering or modification that has been made. 

3 ‘‘(6) Consensus identification standards under 

4 section 2105. 

5 ‘‘(7) How to update or modify a small un6 manned aircraft system that was commercially dis7 tributed prior to the development of the consensus air8 craft safety standards so that, to the greatest extent 

9 practicable, such systems meet the consensus aircraft 

10 safety standards. 

11 ‘‘(8) Any technology or standard related to small 

12 unmanned aircraft systems that promotes aviation 

13 safety. 

14 ‘‘(c) CONSULTATION.—In developing the consensus air15 craft safety standards under subsection (a), the Director 

16 and Administrator shall consult with— 

17 ‘‘(1) the Administrator of the National Aero18 nautics and Space Administration; 

19 ‘‘(2) the President of RTCA, Inc.; 

20 ‘‘(3) the Secretary of Defense; 

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

22 44802; 

23 ‘‘(5) the Center of Excellence for Unmanned Air24 craft Systems; 
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1 ‘‘(6) unmanned aircraft systems stakeholders; 

2 and 

3 ‘‘(7) community-based aviation organizations. 

4 ‘‘(d) FAA APPROVAL.—Not later than 1 year after the 

5 date of enactment of the Federal Aviation Administration 

6 Reauthorization Act of 2016, the Administrator of the Fed7 eral Aviation Administration shall establish a process for 

8 the approval of small unmanned aircraft systems make and 

9 models based upon the consensus aircraft safety standards 

10 developed under subsection (a). The consensus aircraft safe11 ty standards developed under subsection (a) shall allow the 

12 Administrator to approve small unmanned aircraft systems 

13 for operation within the national airspace system without 

14 requiring the type certification process in parts 21 and 23 

15 of the Code of Federal Regulations. 

16 ‘‘(e) ELIGIBILITY.—The consensus aircraft safety 

17 standards for approval of small unmanned aircraft systems 

18 developed under this section shall set eligibility require19 ments for an airworthiness approval of a small unmanned 

20 aircraft system which shall include the following: 

21 ‘‘(1) An applicant must provide the Federal 

22 Aviation Administration with— 

23 ‘‘(A) the aircraft’s operating instructions; 

24 and 
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1 ‘‘(B) the manufacturer’s statement of com2 pliance as described in subsection (f) of this sec3 tion. 

4 ‘‘(2) A sample aircraft must be inspected by the 

5 Federal Aviation Administration and found to be in 

6 a condition for safe operation and in compliance with 

7 the consensus aircraft safety standards required by 

8 the Administrator in subsection (d). 

9 ‘‘(f) MANUFACTURER’S STATEMENT OF COMPLIANCE

10 FOR SMALL UAS.—The manufacturer’s statement of com11 pliance shall— 

12 ‘‘(1) identify the aircraft make and model, and 

13 consensus aircraft safety standard used; 

14 ‘‘(2) state that the aircraft make and model 

15 meets the provisions of the standard identified in 

16 paragraph (1); 

17 ‘‘(3) state that the aircraft make and model con18 forms to the manufacturer’s design data, using the 

19 manufacturer’s quality assurance system that meets 

20 the identified consensus standard adopted by the Ad21 ministrator in subsection (d), and is manufactured in 

22 way that ensures consistency in the production proc23 ess so that every unit produced meets the applicable 

24 consensus aircraft safety standards; 
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1 ‘‘(4) state that the manufacturer will make 

2 available to any interested person— 

3 ‘‘(A) the aircraft’s operating instructions, 

4 that meet the standard identified in paragraph 

5 (1); and 

6 ‘‘(B) the aircraft’s maintenance and inspec7 tion procedures, that meet the standard identi8 fied in paragraph (1); 

9 ‘‘(5) state that the manufacturer will monitor 

10 and correct safety-of-flight issues through a continued 

11 airworthiness system that meets the standard identi12 fied in paragraph (1); 

13 ‘‘(6) state that at the request of the Administra14 tion, the manufacturer will provide access by the Ad15 ministration to its facilities; and 

16 ‘‘(7) state that the manufacturer, in accordance 

17 with a production acceptance test procedure that 

18 meets an applicable consensus aircraft safety stand19 ard has— 

20 ‘‘(A) ground and flight tested random sam21 ples of the aircraft; 

22 ‘‘(B) found the sample aircraft performance 

23 acceptable; and 

24 ‘‘(C) determined that the make and model of 

25 aircraft is suitable for safe operation. 
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1 ‘‘(g) PROHIBITION.—It shall be unlawful for any per2 son to introduce or deliver for introduction into interstate 

3 commerce any unmanned aircraft manufactured after the 

4 date that the Administrator adopts consensus aircraft safety 

5 standards under this section, unless the manufacturer has 

6 received approval under subsection (d) for each make and 

7 model.’’. 

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

9 chapter 448, as amended by section 2122 of this Act, is fur10 ther amended by inserting after the item relating to section 

11 44802 the following: 

‘‘44803. Aircraft safety standards.’’. 

12 SEC. 2125. UNMANNED AIRCRAFT SYSTEMS IN THE ARCTIC. 

13 (a) IN GENERAL.—Chapter 448, as amended by sec14 tion 2124 of this Act, is further amended by inserting after 

15 section 44803 the following: 

16 ‘‘§ 44804. Unmanned aircraft systems in the Arctic 

17 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

18 shall develop a plan and initiate a process to work with 

19 relevant Federal agencies and national and international 

20 communities to designate permanent areas in the Arctic 

21 where small unmanned aircraft may operate 24 hours per 

22 day for research and commercial purposes. 

23 ‘‘(b) PLAN CONTENTS.—The plan under subsection (a) 

24 shall include the development of processes to facilitate the 

25 safe operation of unmanned aircraft beyond line of sight. 
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1 ‘‘(c) REQUIREMENTS.—Each permanent area des2 ignated under subsection (a) shall enable over-water flights 

3 from the surface to at least 2,000 feet in altitude, with in4 gress and egress routes from selected coastal launch sites. 

5 ‘‘(d) AGREEMENTS.—To implement the plan under 

6 subsection (a), the Secretary may enter into an agreement 

7 with relevant national and international communities. 

8 ‘‘(e) AIRCRAFT APPROVAL.—Not later than 1 year 

9 after the entry into force of an agreement necessary to effec10 tuate the purposes of this section, the Secretary shall work 

11 with relevant national and international communities to 

12 establish and implement a process, or may apply an appli13 cable process already established, for approving the use of 

14 unmanned aircraft in the designated permanent areas in 

15 the Arctic without regard to whether an unmanned aircraft 

16 is used as a public aircraft, a civil aircraft, or a model 

17 aircraft.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

20 for chapter 448, as amended by section 2124 of this 

21 Act, is further amended by inserting after the item re22 lating to section 44803 the following: 

‘‘44804. Unmanned aircraft systems in the Arctic.’’. 

23 (2) EXPANDING USE OF UNMANNED AIRCRAFT

24 SYSTEMS IN ARCTIC.—Section 332 of the FAA Mod-
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1 ernization and Reform Act of 2012 (49 U.S.C. 40101 

2 note) is amended by striking subsection (d). 

3 SEC. 2126. SPECIAL AUTHORITY FOR CERTAIN UNMANNED 

4 AIRCRAFT SYSTEMS. 

5 (a) IN GENERAL.—Chapter 448, as amended by sec6 tion 2125 of this Act, is further amended by inserting after 

7 section 44804 the following: 

8 ‘‘§ 44805. Special authority for certain unmanned air9 craft systems 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other re11 quirement of this chapter, the Secretary of Transportation 

12 shall use a risk-based approach to determine if certain un13 manned aircraft systems may operate safely in the national 

14 airspace system notwithstanding completion of the com15 prehensive plan and rulemaking required by section 332 of 

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

17 40101 note) or the guidance required by section 44807. 

18 ‘‘(b) ASSESSMENT OF UNMANNED AIRCRAFT SYS19 TEMS.—In making the determination under subsection (a), 

20 the Secretary shall determine, at a minimum— 

21 ‘‘(1) which types of unmanned aircraft systems, 

22 if any, as a result of their size, weight, speed, oper23 ational capability, proximity to airports and popu24 lated areas, and operation within or beyond visual 

25 line of sight, or operation during the day or night, do 
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1 not create a hazard to users of the national airspace 

2 system or the public; and 

3 ‘‘(2) whether a certificate under section 44703 or 

4 section 44704 of this title, or a certificate of waiver 

5 or certificate of authorization, is required for the op6 eration of unmanned aircraft systems identified 

7 under paragraph (1) of this subsection. 

8 ‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the 

9 Secretary determines under this section that certain un10 manned aircraft systems may operate safely in the national 

11 airspace system, the Secretary shall establish requirements 

12 for the safe operation of such aircraft systems in the na13 tional airspace system, including operation related to re14 search, development, and testing of proprietary systems. 

15 ‘‘(d) PILOT CERTIFICATION EXEMPTION.—If the Sec16 retary proposes, under this section, to require an operator 

17 of an unmanned aircraft system to hold an airman certifi18 cate, a medical certificate, or to have a minimum number 

19 of hours operating a manned aircraft, the Secretary shall 

20 set forth the reasoning for such proposal and seek public 

21 notice and comment before imposing any such require22 ments. 

23 ‘‘(e) SUNSET.—The authority under this section for the 

24 Secretary to determine if certain unmanned aircraft sys-
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1 tems may operate safely in the national airspace system 

2 terminates effective September 30, 2017. 

3 ‘‘(f) OPERATION BY OWNERS AND OPERATORS OF

4 CRITICAL INFRASTRUCTURE.— 

5 ‘‘(1) IN GENERAL.—Any application process es6 tablished under subsection (a) shall allow for a cov7 ered person to apply to the Administrator to operate 

8 an unmanned aircraft system to conduct activities de9 scribed in paragraph (2)— 

10 ‘‘(A) beyond the visual line of sight of the 

11 individual operating the unmanned aircraft sys12 tem; and 

13 ‘‘(B) operation during the day or at night. 

14 ‘‘(2) ACTIVITIES DESCRIBED.—The activities de15 scribed in this paragraph that a covered person may 

16 use an unmanned aircraft system to conduct are the 

17 following: 

18 ‘‘(A) Activities for which compliance with 

19 current law or regulation can be accomplished 

20 by the use of manned aircraft, including— 

21 ‘‘(i) conducting activities to ensure 

22 compliance with Federal or State regu23 latory, permit, or other requirements, in24 cluding to conduct surveys associated with 

25 applications for permits for new pipeline or 
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1 pipeline systems construction or mainte2 nance or rehabilitation of existing pipelines 

3 or pipeline systems; or 

4 ‘‘(ii) conducting activities relating to 

5 ensuring compliance with— 

6 ‘‘(I) the requirements of part 192 

7 or 195 of title 49, Code of Federal Reg8 ulations; or 

9 ‘‘(II) any Federal, State, or local 

10 governmental or regulatory body or in11 dustry best practice pertaining to the 

12 construction, ownership, operation, 

13 maintenance, repair, or replacement of 

14 covered facilities. 

15 ‘‘(B) Activities to inspect, repair, construct, 

16 maintain, or protect covered facilities, including 

17 to respond to a pipeline, pipeline system, or elec18 tric energy infrastructure incident, or in re19 sponse to or in preparation for a natural dis20 aster, man-made disaster, severe weather event, 

21 or other incident beyond the control of the cov22 ered person that may cause material damage to 

23 a covered facility. 

24 ‘‘(3) DEFINITIONS.—In this subsection: 
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1 ‘‘(A) COVERED FACILITY.—The term ‘cov2 ered facility’ means a pipeline, pipeline system, 

3 electric energy generation, transmission, or dis4 tribution facility (including renewable electric 

5 energy), oil or gas production, refining, or proc6 essing facility, or other critical infrastructure. 

7 ‘‘(B) COVERED PERSON.—The term ‘covered 

8 person’ means a person that— 

9 ‘‘(i) owns or operates a covered facil10 ity; 

11 ‘‘(ii) is the sponsor of a covered facility 

12 project; 

13 ‘‘(iii) is an association of persons de14 scribed by clause (i) or (ii) and is seeking 

15 programmatic approval for an activity in 

16 accordance with this subsection; or 

17 ‘‘(iv) is an agent of any person de18 scribed in clause (i), (ii), or (iii). 

19 ‘‘(C) CRITICAL INFRASTRUCTURE.—The 

20 term ‘critical infrastructure’ has the meaning 

21 given that term in section 2339D of title 18. 

22 ‘‘(4) DEADLINE.—Within 90 days from the date 

23 of enactment of the FAA Reauthorization of 2016 the 

24 Administrator must certify to the appropriate com25 mittees of Congress that a process has been established 
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1 to facilitate applications for operations provided for 

2 under this subsection. If the Administrator cannot 

3 provide this certification, the Administrator, within 

4 180 days of from the due date of that certification, 

5 shall update the process under (a) to provide for such 

6 applications.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

9 for chapter 448, as amended by section 2125 of this 

10 Act, is further amended by inserting after the item re11 lating to section 44804 the following: 

‘‘44805. Special rules for certain unmanned aircraft systems.’’. 

12 (2) SPECIAL RULES FOR CERTAIN UNMANNED

13 AIRCRAFT SYSTEMS.—Section 333 of the FAA Mod14 ernization and Reform Act of 2012 (49 U.S.C. 40101 

15 note) and the item relating to that section in the table 

16 of contents under section 1(b) of that Act (126 Stat. 

17 13) are repealed. 

18 SEC. 2127. ADDITIONAL RULEMAKING AUTHORITY. 

19 (a) SENSE OF CONGRESS.—It is the sense of Congress 

20 that— 

21 (1) beyond visual line of sight and nighttime op22 erations of unmanned aircraft systems have tremen23 dous potential— 

24 (A) to enhance research and development 

25 both commercially and in academics; 
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1 (B) to spur economic growth and develop2 ment through innovative applications of this 

3 emerging technology; and 

4 (C) to improve emergency response efforts as 

5 it relates to assessing damage to critical infra6 structure such as roads, bridges, and utilities, in7 cluding water and power, ultimately speeding re8 sponse time; 

9 (2) advancements in miniaturization of safety 

10 technologies, including for aircraft weighing under 

11 4.4 pounds, have increased economic opportunities for 

12 using unmanned aircraft systems while reducing ki13 netic energy and risk compared to unmanned aircraft 

14 that may weigh as much as 55 pounds; 

15 (3) advancements in unmanned technology will 

16 have the capacity to ultimately improve manned air17 craft safety; and 

18 (4) integrating unmanned aircraft systems safely 

19 into the national airspace, including beyond visual 

20 line of sight and nighttime operations on a routine 

21 basis should remain a top priority for the Federal 

22 Aviation Administration as it pursues additional 

23 rulemakings under the amendments made by this sec24 tion. 
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1 (b) IN GENERAL.—Chapter 448, as amended by section 

2 2126 of this Act, is further amended by inserting after sec3 tion 44805 the following: 

4 ‘‘§ 44806. Additional rulemaking authority 

5 ‘‘(a) IN GENERAL.—Notwithstanding the rulemaking 

6 required by section 332 of the FAA Modernization and Re7 form Act of 2012 (49 U.S.C. 40101 note) or the guidance 

8 required by section 44807 of this title and subject to sub9 section (b)(2) of this section and section 44808, the Admin10 istrator may issue regulations under which a person may 

11 operate certain unmanned aircraft systems (as determined 

12 by the Administrator) in the United States— 

13 ‘‘(1) without an airman certificate; 

14 ‘‘(2) without an airworthiness certificate for the 

15 associated unmanned aircraft; or 

16 ‘‘(3) that are not registered with the Federal 

17 Aviation Administration. 

18 ‘‘(b) MICRO UNMANNED AIRCRAFT SYSTEMS OPER19 ATIONAL RULES.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding the rule21 making required by section 332 of the FAA Mod22 ernization and Reform Act of 2012 (49 U.S.C. 40101 

23 note), the Administrator shall issue regulations not 

24 later than 270 days after the date of enactment of the 

25 Federal Aviation Administration Reauthorization Act 
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1 of 2016 under which any person may operate a micro 

2 unmanned aircraft system classification of unmanned 

3 aircraft systems, the aircraft component of which 

4 weighs 4.4 pounds or less, including payload, without 

5 the person operating the system being required to pass 

6 any airman certification requirement, including any 

7 requirements under section 44703 of this title, part 61 

8 of title 14, Code of Federal Regulations, or any other 

9 rule or regulation relating to airman certification. 

10 ‘‘(2) OPERATIONAL RULES.—The rulemaking re11 quired by paragraph (1) relating to micro unmanned 

12 aircraft systems shall consider the following rules, or 

13 any appropriate modifications thereof concerning al14 titude, airspeed, geographic location, and time of day 

15 as the Administrator considers appropriate, for oper16 ation of such systems: 

17 ‘‘(A) Operation an altitude of less than 400 

18 feet above ground level. 

19 ‘‘(B) Operation with an airspeed of not 

20 greater than 40 knots. 

21 ‘‘(C) Operation within the visual line of 

22 sight of the operator. 

23 ‘‘(D) Operation during the hours between 

24 sunrise and sunset. 
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1 ‘‘(E) Operation not less than 5 statute miles 

2 from the geographic center of an airport with an 

3 operational air traffic control tower or an air4 port denoted on a current aeronautical chart 

5 published by the Federal Aviation Administra6 tion, except that a micro unmanned aircraft sys7 tem may be operated within 5 statute miles of 

8 such an airport if the operator of the system— 

9 ‘‘(i) provides notice to the airport oper10 ator; and 

11 ‘‘(ii) in the case of an airport with an 

12 operational air traffic control tower, re13 ceives approval from the air traffic control 

14 tower. 

15 ‘‘(c) SCOPE OF REGULATIONS.— 

16 ‘‘(1) IN GENERAL.—In determining whether a 

17 person may operate an unmanned aircraft system 

18 under 1 or more of the circumstances described under 

19 paragraphs (1) through (3) of subsection (a), the Ad20 ministrator shall use a risk-based approach and con21 sider, at a minimum, the physical and functional 

22 characteristics of the unmanned aircraft system. 

23 ‘‘(2) LIMITATION.—The Administrator may only 

24 issue regulations under this section for unmanned 

25 aircraft systems that the Administrator determines 
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1 may be operated safely in the national airspace sys2 tem. 

3 ‘‘(d) RULES OF CONSTRUCTION.—Nothing in this sec4 tion may be construed— 

5 ‘‘(1) to prohibit a person from operating an un6 manned aircraft system under a circumstance de7 scribed under paragraphs (1) through (3) of sub8 section (a) if— 

9 ‘‘(A) the circumstance is allowed by regula10 tions issued under this section; and 

11 ‘‘(B) the person operates the unmanned air12 craft system in a manner prescribed by the regu13 lations; and 

14 ‘‘(2) to limit or affect in any way the Adminis15 trator’s authority to conduct a rulemaking, make a 

16 determination, or carry out any activity related to 

17 unmanned aircraft or unmanned aircraft systems 

18 under any other provision of law.’’. 

19 (c) TABLE OF CONTENTS.—The table of contents for 

20 chapter 448, as amended by section 2126 of this Act, is fur21 ther amended by inserting after the item relating to section 

22 44805 the following: 

‘‘44806. Additional rulemaking authority.’’. 
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1 SEC. 2128. GOVERNMENTAL UNMANNED AIRCRAFT SYS2 TEMS. 

3 (a) IN GENERAL.—Chapter 448, as amended by sec4 tion 2127 of this Act, is further amended by inserting after 

5 section 44806 the following: 

6 ‘‘§ 44807. Public unmanned aircraft systems 

7 ‘‘(a) GUIDANCE.—The Secretary of Transportation 

8 shall issue guidance regarding the operation of a public un9 manned aircraft system— 

10 ‘‘(1) to streamline the process for the issuance of 

11 a certificate of authorization or a certificate of waiv12 er; 

13 ‘‘(2) to provide for a collaborative process with 

14 public agencies to allow for an incremental expansion 

15 of access to the national airspace system as technology 

16 matures and the necessary safety analyses and data 

17 become available, and until standards are completed 

18 and technology issues are resolved; 

19 ‘‘(3) to facilitate the capability of public agencies 

20 to develop and use test ranges, subject to operating re21 strictions required by the Federal Aviation Adminis22 tration, to test and operate public unmanned aircraft 

23 systems; and 

24 ‘‘(4) to provide guidance on a public agency’s re25 sponsibilities when operating an unmanned aircraft 
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1 without a civil airworthiness certificate issued by the 

2 Administration. 

3 ‘‘(b) STANDARDS FOR OPERATION AND CERTIFI4 CATION.—The Administrator of the Federal Aviation Ad5 ministration shall develop and implement operational and 

6 certification requirements for the operation of a public un7 manned aircraft system in the national airspace system. 

8 ‘‘(c) AGREEMENTS WITH GOVERNMENT AGENCIES.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall enter 

10 into an agreement with each appropriate public agen11 cy to simplify the process for issuing a certificate of 

12 waiver or a certificate of authorization with respect 

13 to an application for authorization to operate a pub14 lic unmanned aircraft system in the national air15 space system. 

16 ‘‘(2) CONTENTS.—An agreement under para17 graph (1) shall— 

18 ‘‘(A) with respect to an application de19 scribed in paragraph (1)— 

20 ‘‘(i) provide for an expedited review of 

21 the application; 

22 ‘‘(ii) require a decision by the Admin23 istrator on approval or disapproval not 

24 later than 60 business days after the date of 

25 submission of the application; 
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1 ‘‘(iii) allow for an expedited appeal if 

2 the application is disapproved; and 

3 ‘‘(iv) if applicable, include verification 

4 of the data minimization policy required 

5 under subsection (d); 

6 ‘‘(B) allow for a one-time approval of simi7 lar operations carried out during a fixed period 

8 of time; and 

9 ‘‘(C) allow a government public safety agen10 cy to operate an unmanned aircraft weighing 25 

11 pounds or less if that unmanned aircraft is oper12 ated— 

13 ‘‘(i) within or beyond the line of sight 

14 of the operator; 

15 ‘‘(ii) less than 400 feet above the 

16 ground; 

17 ‘‘(iii) during daylight conditions; 

18 ‘‘(iv) within Class G airspace; and 

19 ‘‘(v) outside of 5 statute miles from 

20 any airport, heliport, seaplane base, space21 port, or other location with aviation activi22 ties. 

23 ‘‘(d) DATA MINIMIZATION FOR CERTAIN PUBLIC UN24 MANNED AIRCRAFT SYSTEM OPERATORS.—Not later than 

25 180 days after the date of enactment of the Federal Aviation 
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1 Administration Reauthorization Act of 2016 each Federal 

2 agency authorized by the Secretary to operate an unmanned 

3 aircraft system shall develop and update a data minimiza4 tion policy that requires, at a minimum, that— 

5 ‘‘(1) prior to the deployment of any new un6 manned aircraft system technology, and at least every 

7 3 years, existing policies and procedures relating to 

8 the collection, use, retention, and dissemination of in9 formation obtained by an unmanned aircraft system 

10 must be examined to ensure that privacy, civil rights, 

11 and civil liberties are protected; 

12 ‘‘(2) if the unmanned aircraft system is the plat13 form for information collection, information must be 

14 collected, used, retained, and disseminated consistent 

15 with the Constitution, Federal law, and other appli16 cable regulations and policies, such as the Privacy 

17 Act of 1974 (5 U.S.C. 552a); 

18 ‘‘(3) the Federal agency or person operating on 

19 its behalf, only collect information using the un20 manned aircraft system, or use unmanned aircraft 

21 system-collected information, to the extent that the 

22 collection or use is consistent with and relevant to an 

23 authorized purpose as determined by the head of a 

24 Federal agency and consistent with the law; 
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1 ‘‘(4) any information collected, using an un2 manned aircraft or an unmanned aircraft system, 

3 that may contain personal information will not be re4 tained by any Federal agency for more than 180 days 

5 after the date of collection unless— 

6 ‘‘(A) the head of the Federal agency deter7 mines that retention of the information is di8 rectly relevant and necessary to accomplish the 

9 specific purpose for which the Federal agency 

10 used the unmanned aircraft system; 

11 ‘‘(B) that Federal agency maintains the in12 formation in a system of records under section 

13 552a of title 5; or 

14 ‘‘(C) the information is required to be re15 tained for a longer period under other applicable 

16 law, including regulations; 

17 ‘‘(5) any information collected, using an un18 manned aircraft or unmanned aircraft system, that is 

19 not maintained in a system of records under section 

20 552a of title 5, will not be disseminated outside of 

21 that Federal agency unless— 

22 ‘‘(A) dissemination is required by law; or 

23 ‘‘(B) dissemination satisfies an authorized 

24 purpose and complies with that Federal agency’s 

25 disclosure requirements; 
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1 ‘‘(6) to the extent it does not compromise law en2 forcement or national security a Federal agency 

3 shall— 

4 ‘‘(A) provide notice to the public regarding 

5 where in the national airspace system the Fed6 eral agency is authorized to operate the un7 manned aircraft system; 

8 ‘‘(B) keep the public informed about the 

9 Federal agency’s unmanned aircraft system pro10 gram, including any changes to that program 

11 that would significantly affect privacy, civil 

12 rights, or civil liberties; 

13 ‘‘(C) make available to the public, on an 

14 annual basis, a general summary of the Federal 

15 agency’s unmanned aircraft system operations 

16 during the previous fiscal year, including— 

17 ‘‘(i) a brief description of types or cat18 egories of missions flown; and 

19 ‘‘(ii) the number of times the Federal 

20 agency provided assistance to other agencies 

21 or to State, local, tribal, or territorial gov22 ernments; and 

23 ‘‘(D) make available on a public and 

24 searchable Internet website the data minimiza25 tion policy of the Federal agency; 
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1 ‘‘(7) ensures oversight of the Federal agency’s un2 manned aircraft system use, including— 

3 ‘‘(A) the use of audits or assessments that 

4 comply with existing Federal agency policies and 

5 regulations; 

6 ‘‘(B) the verification of the existence of rules 

7 of conduct and training for Federal Government 

8 personnel and contractors who work on pro9 grams, and procedures for reporting suspected 

10 cases of misuse or abuse of unmanned aircraft 

11 system technologies; 

12 ‘‘(C) the establishment of policies and proce13 dures, or confirmation that policies and proce14 dures are in place, that provide meaningful over15 sight of individuals who have access to sensitive 

16 information, including personal information, 

17 collected using an unmanned aircraft system; 

18 ‘‘(D) ensuring that any data-sharing agree19 ments or policies, data use policies, and record 

20 management policies applicable to an unmanned 

21 aircraft system conform to applicable laws, regu22 lations, and policies; 

23 ‘‘(E) the establishment of policies and proce24 dures, or confirmation that policies and proce25 dures are in place, to authorize the use of an un-
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1 manned aircraft system in response to a request 

2 for unmanned aircraft system assistance in sup3 port of Federal, State, local, tribal, or territorial 

4 government operations; and 

5 ‘‘(F) a requirement that State, local, tribal, 

6 and territorial government recipients of Federal 

7 grant funding for the purchase or use of un8 manned aircraft systems for their own oper9 ations have in place policies and procedures to 

10 safeguard individuals’ privacy, civil rights, and 

11 civil liberties prior to expending such funds; and 

12 ‘‘(8) ensures the protection of civil rights and 

13 civil liberties, including— 

14 ‘‘(A) ensuring that policies are in place to 

15 prohibit the collection, use, retention, or dissemi16 nation of data in any manner that would violate 

17 the First Amendment or in any manner that 

18 would discriminate against persons based upon 

19 their ethnicity, race, gender, national origin, re20 ligion, sexual orientation, or gender identity, in 

21 violation of law; 

22 ‘‘(B) ensuring that unmanned aircraft sys23 tem activities are performed in a manner con24 sistent with the Constitution and applicable 
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1 laws, Executive Orders, and other Presidential 

2 directives; and 

3 ‘‘(C) ensuring that adequate procedures are 

4 in place to receive, investigate, and address, as 

5 appropriate, privacy, civil rights, and civil lib6 erties complaints. 

7 ‘‘(e) LAW ENFORCEMENT AND NATIONAL SECURITY.— 

8 Each Federal agency shall effectuate a requirement under 

9 subsection (d) only to the extent it does not compromise law 

10 enforcement or national security. 

11 ‘‘(f) DEFINITION OF FEDERAL AGENCY.—In sub12 sections (d) and (e), the term ‘Federal agency’ has the 

13 meaning given the term ‘agency’ in section 552(f) of title 

14 5, United States Code.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

17 for chapter 448, as amended by section 2127 of this 

18 Act, is further amended by inserting after the item re19 lating to section 44806 the following: 

‘‘44807. Public unmanned aircraft systems.’’. 

20 (2) PUBLIC UNMANNED AIRCRAFT SYSTEMS.— 

21 Section 334 of the FAA Modernization and reform 

22 Act of 2012 (49 U.S.C. 40101 note) and the item re23 lating to that section in the table of contents under 

24 section 1(b) of that Act (126 Stat. 13) are repealed. 
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1 SEC. 2129. SPECIAL RULES FOR MODEL AIRCRAFT. 

2 (a) IN GENERAL.—Chapter 448, as amended by sec3 tion 2128 of this Act, is further amended by inserting after 

4 section 44807 the following: 

5 ‘‘§ 44808. Special rules for model aircraft 

6 ‘‘(a) IN GENERAL.—Notwithstanding any other provi7 sion of law relating to the incorporation of unmanned air8 craft systems into Federal Aviation Administration plans 

9 and policies, including this chapter, the Administrator of 

10 the Federal Aviation Administration may not promulgate 

11 any new rule or regulation specific only to an unmanned 

12 aircraft operating as a model aircraft if— 

13 ‘‘(1) the aircraft is flown strictly for hobby or 

14 recreational use; 

15 ‘‘(2) the aircraft is operated in accordance with 

16 a community-based set of safety guidelines and with17 in the programming of a nationwide community18 based organization; 

19 ‘‘(3) not flown beyond visual line of sight of per20 sons co-located with the operator or in direct commu21 nication with the operator; 

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) when flown within 5 miles of an airport, 

26 the operator of the aircraft provides the airport oper-
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1 ator, where applicable, and the airport air traffic 

2 control tower (when an air traffic facility is located 

3 at the airport) with prior notice and receives ap4 proval from the tower, to the extent practicable, for 

5 the operation from each (model aircraft operators fly6 ing from a permanent location within 5 miles of an 

7 airport should establish a mutually agreed upon oper8 ating procedure with the airport operator and the 

9 airport air traffic control tower (when an air traffic 

10 facility is located at the airport)); 

11 ‘‘(6) the aircraft is flown from the surface to not 

12 more than 400 feet in altitude, except under special 

13 conditions and programs established by a community14 based organization; and 

15 ‘‘(7) the operator has passed an aeronautical 

16 knowledge and safety test administered by the Federal 

17 Aviation Administration online for the operation of 

18 unmanned aircraft systems subject to the require19 ments of section 44809 and maintains proof of test 

20 passage to be made available to the Administrator or 

21 law enforcement upon request. 

22 ‘‘(b) UPDATES.— 

23 ‘‘(1) IN GENERAL.—The Administrator, in col24 laboration with government and industry stake25 holders, including nationwide community-based orga-
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1 nizations, shall initiate a process to update the oper2 ational parameters under subsection (a), as appro3 priate. 

4 ‘‘(2) CONSIDERATIONS.—In updating an oper5 ational parameter under paragraph (1), the Adminis6 trator shall consider— 

7 ‘‘(A) appropriate operational limitations to 

8 mitigate aviation safety risk and risk to the un9 involved public; 

10 ‘‘(B) operations outside the membership, 

11 guidelines, and programming of a nationwide 

12 community-based organization; 

13 ‘‘(C) physical characteristics, technical 

14 standards, and classes of aircraft operating 

15 under this section; 

16 ‘‘(D) trends in use, enforcement, or inci17 dents involving unmanned aircraft systems; and 

18 ‘‘(E) ensuring, to the greatest extent prac19 ticable, that updates to the operational param20 eters correspond to, and leverage, advances in 

21 technology. 

22 ‘‘(3) SAVINGS CLAUSE.—Nothing in this sub23 section shall be construed as expanding the authority 

24 of the Administrator to require operators of model 

25 aircraft under the exemption of this subsection to be 
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1 required to seek permissive authority of the Adminis2 trator prior to operation in the national airspace sys3 tem. 

4 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec5 tion shall be construed to limit the authority of the Admin6 istrator to pursue enforcement action against persons oper7 ating model aircraft. 

8 ‘‘(d) MODEL AIRCRAFT DEFINED.—In this section, the 

9 term ‘model aircraft’ means an unmanned aircraft that— 

10 ‘‘(1) is capable of sustained flight in the atmos11 phere; and 

12 ‘‘(2) is limited to weighing not more than 55 

13 pounds, including the weight of anything attached to 

14 or carried by the aircraft, unless otherwise approved 

15 through a design, construction, inspection, flight test, 

16 and operational safety program administered by a 

17 community-based organization.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

20 for chapter 448, as amended by section 2128 of this 

21 Act, is further amended by inserting after the item re22 lating to section 44807 the following: 

‘‘44808. Special rules for model aircraft.’’. 

23 (2) SPECIAL RULE FOR MODEL AIRCRAFT.—Sec24 tion 336 of the FAA Modernization and Reform Act 

25 of 2012 (49 U.S.C. 40101 note) and the item relating 
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1 to that section in the table of contents under section 

2 1(b) of that Act (126 Stat. 13) are repealed. 

3 SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERONAUTICAL 

4 KNOWLEDGE AND SAFETY. 

5 (a) IN GENERAL.—Chapter 448, as amended by sec6 tion 2129 of this Act, is further amended by inserting after 

7 section 44808 the following: 

8 ‘‘§ 44809. Aeronautical knowledge and safety test 

9 ‘‘(a) IN GENERAL.—An individual may not operate an 

10 unmanned aircraft system unless— 

11 ‘‘(1) the individual has successfully completed an 

12 aeronautical knowledge and safety test under sub13 section (c); 

14 ‘‘(2) the individual has authority to operate an 

15 unmanned aircraft under other Federal law; or 

16 ‘‘(3) the individual is a holder of an airmen cer17 tificate issued under section 44703. 

18 ‘‘(b) EXCEPTION.—This section shall not apply to the 

19 operation of an unmanned aircraft system that has been 

20 authorized by the Federal Aviation Administration under 

21 section 44802, 44805, 44806, or 44807. The Administrator 

22 may waive the requirements of this section for operators 

23 of aircraft weighing less than 0.55 pounds or for operators 

24 under the age of 13 operating the unmanned aircraft system 
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1 under the supervision of an adult as determined by the Ad2 ministrator. 

3 ‘‘(c) AERONAUTICAL KNOWLEDGE AND SAFETY

4 TEST.—Not later than 180 days after the date of enactment 

5 of the Federal Aviation Administration Reauthorization 

6 Act of 2016, the Administrator of the Federal Aviation Ad7 ministration, in consultation with manufacturers of un8 manned aircraft systems, other industry stakeholders, and 

9 community-based aviation organizations, shall develop an 

10 aeronautical knowledge and safety test that can be adminis11 tered electronically. 

12 ‘‘(d) REQUIREMENTS.—The Administrator shall en13 sure that the aeronautical knowledge and safety test is de14 signed to adequately demonstrate an operator’s— 

15 ‘‘(1) understanding of aeronautical safety knowl16 edge, as applicable; and 

17 ‘‘(2) knowledge of Federal Aviation Administra18 tion regulations and requirements pertaining to the 

19 operation of an unmanned aircraft system in the na20 tional airspace system. 

21 ‘‘(e) RECORD OF COMPLIANCE.— 

22 ‘‘(1) IN GENERAL.—Each operator of an un23 manned aircraft system described under subsection 

24 (a) shall maintain and make available for inspection, 

25 upon request by the Administrator or a Federal, 
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1 State, or local law enforcement officer, a record of 

2 compliance with this section through— 

3 ‘‘(A) an identification number, issued by 

4 the Federal Aviation Administration certifying 

5 passage of the aeronautical knowledge and safety 

6 test; 

7 ‘‘(B) if the individual has authority to op8 erate an unmanned aircraft system under other 

9 Federal law, the requisite proof of authority 

10 under that law; or 

11 ‘‘(C) an airmen certificate issued under sec12 tion 44703. 

13 ‘‘(2) COORDINATION.—The Administrator may 

14 coordinate the identification number under para15 graph (1)(A) with an operator’s registration number 

16 to the extent practicable. 

17 ‘‘(3) LIMITATION.—No fine or penalty may be 

18 imposed for the initial failure of an operator of an 

19 unmanned aircraft system to comply with paragraph 

20 (1) unless the Administrator finds that the conduct of 

21 the operator actually posed a risk to the national air22 space system.’’. 

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

24 chapter 448, as amended by section 2129 of this Act, is fur-
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1 ther amended by inserting after the item relating to section 

2 44808 the following: 

‘‘44809. Aeronautical knowledge and safety test.’’. 

3 SEC. 2131. SAFETY STATEMENTS. 

4 (a) IN GENERAL.—Chapter 448, as amended by sec5 tion 2130 of this Act, is further amended by inserting after 

6 section 44809 the following: 

7 ‘‘§ 44810. Safety statements 

8 ‘‘(a) PROHIBITION.—Beginning on the date that is 1 

9 year after the date of publication of the guidance under sub10 section (b)(1), it shall be unlawful for any person to intro11 duce or deliver for introduction into interstate commerce 

12 any unmanned aircraft manufactured unless a safety state13 ment is attached to the unmanned aircraft or accom14 panying the unmanned aircraft in its packaging. 

15 ‘‘(b) SAFETY STATEMENT.— 

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

17 the date of enactment of the Federal Aviation Admin18 istration Reauthorization Act of 2016, the Adminis19 trator of the Federal Aviation Administration shall 

20 issue guidance for implementing this section. 

21 ‘‘(2) REQUIREMENTS.—A safety statement de22 scribed in subsection (a) shall include— 

23 ‘‘(A) information about laws and regula24 tions applicable to unmanned aircraft systems; 
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1 ‘‘(B) recommendations for using unmanned 

2 aircraft in a manner that promotes the safety of 

3 persons and property; 

4 ‘‘(C) the date that the safety statement was 

5 created or last modified; and 

6 ‘‘(D) language approved by the Adminis7 trator regarding the following: 

8 ‘‘(i) A person may operate the un9 manned aircraft as a model aircraft (as de10 fined in section 44808) or otherwise in ac11 cordance with Federal Aviation Adminis12 tration authorization or regulation, includ13 ing requirements for the completion of the 

14 aeronautical knowledge and safety test 

15 under section 44809. 

16 ‘‘(ii) The definition of a model aircraft 

17 under section 44808. 

18 ‘‘(iii) The requirements regarding a 

19 model aircraft under paragraphs (1) 

20 through (7) of section 44808(a). 

21 ‘‘(iv) The Administrator of the Federal 

22 Aviation Administration may pursue en23 forcement action against a person operating 

24 model aircraft who endangers the safety of 

25 the national airspace system. 
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1 ‘‘(c) CIVIL PENALTY.—A person who violates sub2 section (a) shall be liable for each violation to the United 

3 States Government for a civil penalty described in section 

4 46301(a).’’. 

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

6 chapter 448, as amended by section 2130 of this Act, is fur7 ther amended by inserting after the item relating to section 

8 44809 the following: 

‘‘44810. Safety statements.’’. 

9 SEC. 2132. TREATMENT OF UNMANNED AIRCRAFT OPER10 ATING UNDERGROUND. 

11 An unmanned aircraft system that is operated under12 ground for mining purposes shall not be subject to regula13 tion or enforcement by the Federal Aviation Administration 

14 under chapter 448 of title 49, United States Code. 

15 SEC. 2133. ENFORCEMENT. 

16 (a) UAS SAFETY ENFORCEMENT.—The Administrator 

17 of the Federal Aviation Administration shall establish a 

18 program to utilize available remote detection and identi19 fication technologies for safety oversight, including enforce20 ment actions against operators of unmanned aircraft sys21 tems that are not in compliance with applicable Federal 

22 aviation laws, including regulations. 

23 (b) CIVIL PENALTIES.— 

24 (1) IN GENERAL.—Section 46301 is amended— 
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1 (A) in subsection (a)(1)(A), by inserting 

2 ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec3 tions 44717 and 44719–44723),’’; 

4 (B) in subsection (a)(5), by inserting 

5 ‘‘chapter 448,’’ after ‘‘chapter 447 (except sec6 tions 44717–44723),’’; 

7 (C) in subsection (d)(2), by inserting ‘‘chap8 ter 448,’’ after ‘‘chapter 447 (except sections 

9 44717 and 44719–44723),’’; and 

10 (D) in subsection (f), by inserting ‘‘chapter 

11 448,’’ after ‘‘chapter 447 (except 44717 and 

12 44719–44723),’’. 

13 (2) RULE OF CONSTRUCTION.—Nothing in this 

14 subsection shall be construed to limit the authority of 

15 the Administrator to pursue an enforcement action 

16 for a violation of this Act, a regulation prescribed or 

17 order or authority issued under this Act, or any other 

18 applicable provision of aviation safety law or regula19 tion. 

20 (c) REPORTING.—As part of the program, the Admin21 istrator shall establish and publicize a mechanism for the 

22 public and Federal, State, and local law enforcement to re23 port a suspected abuse or a violation of chapter 448 of title 

24 49, United States Code, for enforcement action. 
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there is authorized to be appropriated 

3 $5,000,000 for each of the fiscal years 2016 through 2017. 

4 SEC. 2134. AVIATION EMERGENCY SAFETY PUBLIC SERV5 ICES DISRUPTION. 

6 (a) IN GENERAL.—Chapter 463 is amended— 

7 (1) in section 46301(d)(2), by inserting ‘‘section 

8 46320,’’ after ‘‘section 46319,’’; and 

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

10 ‘‘§ 46320. Interference with firefighting, law enforce11 ment, or emergency response activities 

12 ‘‘(a) PROHIBITION.—No person may operate an air13 craft so as to interfere with firefighting, law enforcement, 

14 or emergency response activities. 

15 ‘‘(b) DEFINITION.—For purposes of this section, an 

16 aircraft interferes with the activities specified in subsection 

17 (a) when its operation prevents the initiation of, interrupts, 

18 or endangers a person or property engaged in those activi19 ties. 

20 ‘‘(c) CIVIL PENALTY.—A person violating subsection 

21 (a) shall be liable for a civil penalty of not more than 

22 $20,000. 

23 ‘‘(d) COMPROMISE AND SETOFF.—The United States 

24 Government may deduct the amount of a civil penalty im-
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1 posed or compromised under this section from the amounts 

2 the Government owes the person liable for the penalty.’’. 

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

4 chapter 463 is amended by inserting after the item relating 

5 to section 46319 the following: 

‘‘46320. Interference with firefighting, law enforcement, or emergency response activities.’’. 

6 SEC. 2135. PILOT PROJECT FOR AIRPORT SAFETY AND AIR7 SPACE HAZARD MITIGATION. 

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

9 Aviation Administration shall carry out a pilot program 

10 for airspace hazard mitigation at airports and other crit11 ical infrastructure. 

12 (b) CONSULTATION.—In carrying out the pilot pro13 gram under subsection (a), the Administrator shall work 

14 with the Secretary of Defense, Secretary of Homeland Secu15 rity, and the heads of relevant Federal agencies for the pur16 pose of ensuring technologies that are developed, tested, or 

17 deployed by those departments and agencies to mitigate 

18 threats posed by errant or hostile unmanned aircraft system 

19 operations do not adversely impact or interfere with safe 

20 airport operations, navigation, and air traffic services. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated from the Airport and Airway 

23 Trust Fund to carry out this section $6,000,000, to remain 

24 available until expended. 
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1 SEC. 2136. CONTRIBUTION TO FINANCING OF REGULATORY 

2 FUNCTIONS. 

3 (a) IN GENERAL.—Chapter 448, as amended by sec4 tion 2131 of this Act, is further amended by inserting after 

5 section 44810 the following: 

6 ‘‘§ 44811. Regulatory and administrative fees 

7 ‘‘(a) IN GENERAL.—Subject to subsection (b), the Ad8 ministrator may assess and collect regulatory and adminis9 trative fees to recover the costs of regulatory and adminis10 trative activities under this chapter related to authorization 

11 to operate unmanned aircraft systems for compensation or 

12 hire, or in the furtherance of a business enterprise. 

13 ‘‘(b) LIMITATIONS.—Fees authorized under subsection 

14 (a) shall be reasonable, cost-based relative to the regulatory 

15 or administrative activity, and may not be discriminatory 

16 or a deterrent to compliance. 

17 ‘‘(c) RECEIPTS CREDITED TO ACCOUNT.—Notwith18 standing section 3302 of title 31, all fees and amounts col19 lected under this section shall be credited to the separate 

20 account established under section 45303(c). Section 41742 

21 shall not apply to fees and amounts collected under this 

22 section. 

23 ‘‘(d) REGULATIONS.—Not later than 1 year after the 

24 date of enactment of the Federal Aviation Administration 

25 Reauthorization Act of 2016, the Administrator shall issue 

26 regulations to carry out this section.’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 chapter 448, as amended by section 2131 of this Act, is fur3 ther amended by inserting after the item relating to section 

4 44810 the following: 

‘‘44811. Regulatory and administrative fees.’’. 

5 SEC. 2137. SENSE OF CONGRESS REGARDING SMALL UAS 

6 RULEMAKING. 

7 It is the sense of the Congress that the Administrator 

8 of the Federal Aviation Administration and Secretary of 

9 Transportation should take every necessary action to expe10 dite final action on the notice of proposed rulemaking dated 

11 February 23, 2015 (80 Fed. Reg. 9544), entitled ‘‘Operation 

12 and Certification of Small Unmanned Aircraft Systems’’. 

13 SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MAN14 AGEMENT. 

15 (a) RESEARCH PLAN FOR UTM DEVELOPMENT.— 

16 (1) IN GENERAL.—The Administrator of the Fed17 eral Aviation Administration, in coordination with 

18 the Administrator of the National Aeronautics and 

19 Space Administration, shall develop a research plan 

20 for unmanned aircraft systems traffic management 

21 (referred to in this section as ‘‘UTM’’) development. 

22 (2) REQUIREMENTS.—In developing the research 

23 plan under paragraph (1), the Administrator shall— 

24 (A) identify research goals related to: 
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1 (i) operational parameters related to 

2 altitude, geographic coverage, classes of air3 space, and critical infrastructure; 

4 (ii) avionics capability requirements 

5 or standards; 

6 (iii) operator identification and au7 thentication requirements and capabilities; 

8 (iv) communication protocols with air 

9 traffic control facilities that will not inter10 fere with existing responsibility to deconflict 

11 manned aircraft in the national airspace 

12 system; 

13 (v) collision avoidance requirements; 

14 (vi) separation standards for manned 

15 and unmanned aircraft; and 

16 (vii) spectrum needs; 

17 (B) evaluate options for the administration 

18 and management structure for the traffic man19 agement of low altitude operations of small un20 manned aircraft systems; and 

21 (C) ensure the plan is consistent with the 

22 broader Federal Aviation Administration regu23 latory and operational framework encompassing 

24 all unmanned aircraft systems operations ex-
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1 pected to be authorized in the national airspace 

2 system. 

3 (3) ASSESSMENT.—The research plan under 

4 paragraph (1) shall include an assessment of— 

5 (A) the ability to allow near-term small un6 manned aircraft system operations without need 

7 of an automated UTM system; 

8 (B) the full range of operational capability 

9 any automated UTM system should possess; 

10 (C) the operational characteristics and 

11 metrics that would drive incremental adoption of 

12 automated capability and procedures consistent 

13 with a rising aggregate community demand for 

14 service for low altitude operations of small un15 manned aircraft systems; and 

16 (D) the integration points for small un17 manned aircraft system traffic management with 

18 the existing national airspace system planning 

19 and traffic management systems. 

20 (4) DEADLINES.—The Administrator shall— 

21 (A) initiate development of the research 

22 plan not later than 90 days after the date of en23 actment of this Act; and 

24 (B) not later than 180 days after the date 

25 of enactment of this Act— 
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1 (i) complete the research plan; 

2 (ii) submit the research plan to the ap3 propriate committees of Congress; and 

4 (iii) publish the research plan on the 

5 Federal Aviation Administration’s Web site. 

6 (b) PILOT PROGRAM.— 

7 (1) IN GENERAL.—Not later than 120 days after 

8 the date the research plan under subsection (a) is sub9 mitted under paragraph (4)(B) of that subsection, the 

10 Administrator of the Federal Aviation Administra11 tion shall coordinate with the Administrator of the 

12 National Aeronautics and Space Administration and 

13 the small unmanned aircraft systems industry to de14 velop operational concepts and top-level system re15 quirements for a UTM system pilot program, con16 sistent with subsection (a). 

17 (2) SOLICITATION.—The Administrator shall 

18 issue a solicitation for operational prototype systems 

19 that meet the necessary objectives for use in a pilot 

20 program to demonstrate, validate, or modify, as ap21 propriate, the requirements developed under para22 graph (1). 

23 (c) COMPREHENSIVE PLAN.— 

24 (1) IN GENERAL.—Not later than 270 days after 

25 the date the pilot program under subsection (b) is 
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1 complete, the Administrator of the Federal Aviation 

2 Administration, in coordination with the Adminis3 trator of the National Aeronautics and Space Admin4 istration, and in consultation with the head of each 

5 relevant Federal agency, shall develop a comprehen6 sive plan for the deployment of UTM systems in the 

7 national airspace. 

8 (2) SYSTEM REQUIREMENTS.—The comprehen9 sive plan under paragraph (1) shall include require10 ments or standards consistent with established or 

11 planned rulemaking for, at a minimum— 

12 (A) the flight of small unmanned aircraft 

13 systems in controlled and uncontrolled airspace; 

14 (B) communications, as applicable— 

15 (i) among small unmanned aircraft 

16 systems; 

17 (ii) between small unmanned aircraft 

18 systems and manned aircraft operating in 

19 the same airspace; and 

20 (iii) between small unmanned aircraft 

21 systems and air traffic control as considered 

22 necessary; and 

23 (C) air traffic management for small un24 manned aircraft systems operations. 
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1 (d) SYSTEM IMPLEMENTATION.—Based on the com2 prehensive plan under subsection (c), including the require3 ments under paragraph (2) of that subsection, and the pilot 

4 program under subsection (b), the Administrator shall de5 termine the operational need and implementation schedule 

6 for evolutionary use of automation support systems to sepa7 rate and deconflict manned and unmanned aircraft sys8 tems. 

9 SEC. 2139. EMERGENCY EXEMPTION PROCESS. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of enactment of this Act, the Administrator of the Fed12 eral Aviation Administration shall publish guidance for ap13 plications for, and procedures for the processing of, on an 

14 emergency basis, exemptions or certificates of authorization 

15 or waiver for the use of unmanned aircraft systems by civil 

16 or public operators in response to a catastrophe, disaster, 

17 or other emergency to facilitate emergency response oper18 ations, such as firefighting, search and rescue, and utility 

19 and infrastructure restoration efforts. This guidance shall 

20 outline procedures for operations under both sections 44805 

21 and 44807, of title 49, United States Code, with priority 

22 given to applications for public unmanned aircraft systems 

23 engaged in emergency response activities. 

24 (b) REQUIREMENTS.—In providing guidance under 

25 subsection (a), the Administrator shall— 
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1 (1) make explicit any safety requirements that 

2 must be met for the consideration of applications that 

3 include requests for beyond visual line of sight, night4 time operations, or the suspension of otherwise appli5 cable operating restrictions, consistent with public in6 terest and safety; and 

7 (2) explicitly state the procedures for coordi8 nating with an incident commander, if any, to ensure 

9 operations granted under procedures developed under 

10 subsection (a) do not interfere with manned catas11 trophe, disaster, or other emergency response oper12 ations or otherwise impact response efforts. 

13 (c) REVIEW.—In processing applications on an emer14 gency basis for exemptions or certificates of authorization 

15 or waiver for unmanned aircraft systems operations in re16 sponse to a catastrophe, disaster, or other emergency, the 

17 Administrator of the Federal Aviation Administration shall 

18 act on such applications as expeditiously as practicable and 

19 without requiring public notice and comment. 

20 SEC. 2140. PUBLIC UAS OPERATIONS BY TRIBAL GOVERN21 MENTS. 

22 (a) PUBLIC UAS OPERATIONS BY TRIBAL GOVERN23 MENTS.—Section 40102(a)(41) is amended by adding at the 

24 end the following: 
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1 ‘‘(F) An unmanned aircraft that is owned 

2 and operated by or exclusively leased for at least 

3 90 consecutive days by an Indian tribal govern4 ment (as defined in section 102 of the Robert T. 

5 Stafford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5122)), except as provided 

7 in section 40125(b).’’. 

8 (b) CONFORMING AMENDMENT.—Section 40125(b) is 

9 amended by striking ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’. 

10 SEC. 2141. CARRIAGE OF PROPERTY BY SMALL UNMANNED 

11 AIRCRAFT SYSTEMS FOR COMPENSATION OR 

12 HIRE. 

13 (a) IN GENERAL.—Chapter 448, as amended by sec14 tion 2136 of this Act, is further amended by adding after 

15 section 44811 the following: 

16 ‘‘§ 44812. Carriage of property by small unmanned 

17 aircraft systems for compensation or hire 

18 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

19 date of enactment of this section, the Secretary of Transpor20 tation shall issue a final rule authorizing the carriage of 

21 property by operators of small unmanned aircraft systems 

22 for compensation or hire within the United States. 

23 ‘‘(b) CONTENTS.—The final rule required under sub24 section (a) shall provide for the following: 
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1 ‘‘(1) SMALL UAS AIR CARRIER CERTIFICATE.— 

2 The Administrator of the Federal Aviation Adminis3 tration, at the direction of the Secretary, shall estab4 lish a certificate (to be known as a ‘small UAS air 

5 carrier certificate’) for persons that undertake di6 rectly, by lease, or other arrangement the operation of 

7 small unmanned aircraft systems to carry property 

8 in air transportation, including commercial fleet op9 erations with highly automated unmanned aircraft 

10 systems. The requirements to operate under a small 

11 UAS air carrier certificate shall— 

12 ‘‘(A) consider the unique characteristics of 

13 highly automated, small unmanned aircraft sys14 tems; and 

15 ‘‘(B) include requirements for the safe oper16 ation of small unmanned aircraft systems that, 

17 at a minimum, address— 

18 ‘‘(i) airworthiness of small unmanned 

19 aircraft systems; 

20 ‘‘(ii) qualifications for operators and 

21 the type and nature of the operations; and 

22 ‘‘(iii) operating specifications gov23 erning the type and nature of the un24 manned aircraft system air carrier oper25 ations. 
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1 ‘‘(2) SMALL UAS AIR CARRIER CERTIFICATION

2 PROCESS.—The Administrator, at the direction of the 

3 Secretary, shall establish a process for the issuance of 

4 small UAS air carrier certificates established pursu5 ant to paragraph (1) that is performance-based and 

6 ensures required safety levels are met. Such certifi7 cation process shall consider— 

8 ‘‘(A) safety risks and the mitigation of those 

9 risks associated with the operation of highly 

10 automated, small unmanned aircraft around 

11 other manned and unmanned aircraft, and over 

12 persons and property on the ground; 

13 ‘‘(B) the competencies and compliance pro14 grams of manufacturers, operators, and compa15 nies that manufacture, operate, or both small un16 manned aircraft systems and components; and 

17 ‘‘(C) compliance with the requirements es18 tablished pursuant to paragraph (1). 

19 ‘‘(3) SMALL UAS AIR CARRIER CLASSIFICA20 TION.—The Secretary shall develop a classification 

21 system for persons issued small UAS air carrier cer22 tificates pursuant to this subsection to establish eco23 nomic authority for the carriage of property by small 

24 unmanned aircraft systems for compensation or hire. 

25 Such classification shall only require— 
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1 ‘‘(A) registration with the Department of 

2 Transportation; and 

3 ‘‘(B) a valid small UAS air carrier certifi4 cate issued pursuant to this subsection.’’. 

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

6 chapter 448, as amended by section 2136 of this Act, is fur7 ther amended by adding after the item relating to section 

8 44811 the following: 

‘‘44812. Carriage of property by small unmanned aircraft systems for compensation or hire.’’. 

9 SEC. 2142. COLLEGIATE TRAINING INITIATIVE PROGRAM 

10 FOR UNMANNED AIRCRAFT SYSTEMS. 

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

12 date of enactment of this Act, the Administrator of the Fed13 eral Aviation Administration shall establish a Collegiate 

14 Training Initiative program relating to unmanned aircraft 

15 systems by making new agreements or continuing existing 

16 agreements with institutions of higher education (as defined 

17 by the Administrator) under which the institutions prepare 

18 students for careers involving unmanned aircraft systems. 

19 The Administrator may establish standards for the entry 

20 of such institutions into the program and for their contin21 ued participation in the program. 

22 (b) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this 

23 section, the term ‘‘unmanned aircraft system’’ has the 
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1 meaning given that term by section 44801 of title 49, 

2 United States Code, as added by section 2121 of this Act. 

3 SEC. 2143. INCORPORATION OF FEDERAL AVIATION ADMIN4 ISTRATION OCCUPATIONS RELATING TO UN5 MANNED AIRCRAFT INTO VETERANS EMPLOY6 MENT PROGRAMS OF THE ADMINISTRATION. 

7 Not later than 180 days after the date of the enactment 

8 of this Act, the Administrator of the Federal Aviation Ad9 ministration, in consultation with the Secretary of Veterans 

10 Affairs, the Secretary of Defense, and the Secretary of 

11 Labor, shall determine whether occupations of the Adminis12 tration relating to unmanned aircraft systems technology 

13 and regulations can be incorporated into the Veterans Em14 ployment Program of the Administration, particularly in 

15 the interaction between such program and the New Sights 

16 Work Experience Program and the Vet-Link Cooperative 

17 Education Program. 

18 PART III—TRANSITION AND SAVINGS 

19 PROVISIONS 

20 SEC. 2151. SENIOR ADVISOR FOR UNMANNED AIRCRAFT 

21 SYSTEMS INTEGRATION. 

22 (a) IN GENERAL.—There shall be in the Federal Avia23 tion Administration a Senior Advisor for Unmanned Air24 craft Systems Integration. 
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1 (b) QUALIFICATIONS.—The Senior Advisor for Un2 manned Aircraft Systems Integration shall have a dem3 onstrated ability in management and knowledge of or expe4 rience in aviation. 

5 (c) RESPONSIBILITIES.—Unless otherwise determined 

6 by the Administrator of the Federal Aviation Administra7 tion— 

8 (1) the Senior Advisor shall report directly to the 

9 Deputy Administrator of the Federal Aviation Ad10 ministration; and 

11 (2) the responsibilities of the Senior Advisor 

12 shall include the following: 

13 (A) Providing advice to the Administrator 

14 and Deputy Administrator related to the inte15 gration of unmanned aircraft systems into the 

16 national airspace system. 

17 (B) Reviewing and evaluating Federal 

18 Aviation Administration policies, activities, and 

19 operations related to unmanned aircraft systems. 

20 (C) Facilitating coordination and collabora21 tion among components of the Federal Aviation 

22 Administration with respect to activities related 

23 to unmanned aircraft systems integration. 

24 (D) Interacting with Congress, and Federal, 

25 State, or local agencies, and stakeholder organi-
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1 zations whose operations and interests are af2 fected by the activities of the Federal Aviation 

3 Administration on matters related to unmanned 

4 aircraft systems integration. 

5 SEC. 2152. EFFECT ON OTHER LAWS. 

6 (a) FEDERAL PREEMPTION.—No State or political 

7 subdivision of a State may enact or enforce any law, regu8 lation, or other provision having the force and effect of law 

9 relating to the design, manufacture, testing, licensing, reg10 istration, certification, operation, or maintenance of an un11 manned aircraft system, including airspace, altitude, flight 

12 paths, equipment or technology requirements, purpose of op13 erations, and pilot, operator, and observer qualifications, 

14 training, and certification. 

15 (b) PRESERVATION OF STATE AND LOCAL AUTHOR16 ITY.—Nothing in this subtitle shall be construed to limit 

17 a State or local government’s authority to enforce Federal, 

18 State, or local laws relating to nuisance, voyeurism, pri19 vacy, data security, harassment, reckless endangerment, 

20 wrongful death, personal injury, property damage, or other 

21 illegal acts arising from the use of unmanned aircraft sys22 tems if such laws are not specifically related to the use of 

23 an unmanned aircraft system. 

24 (c) NO PREEMPTION OF COMMON LAW OR STATUTORY

25 CAUSES OF ACTION.—Nothing in this subtitle, nor any 
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1 standard, rule, requirement, standard of performance, safe2 ty determination, or certification implemented pursuant to 

3 this subtitle, shall be construed to preempt, displace, or sup4 plant any State or Federal common law rights or any State 

5 or Federal statute creating a remedy for civil relief, includ6 ing those for civil damage, or a penalty for a criminal con7 duct. Notwithstanding any other provision of this subtitle, 

8 nothing in this subtitle, nor any amendments made by this 

9 subtitle, shall preempt or preclude any cause of action for 

10 personal injury, wrongful death, property damage, or other 

11 injury based on negligence, strict liability, products liabil12 ity, failure to warn, or any other legal theory of liability 

13 under any State law, maritime law, or Federal common 

14 law or statutory theory. 

15 SEC. 2153. SPECTRUM. 

16 (a) IN GENERAL.—Small unmanned aircraft systems 

17 may operate wireless control link, tracking, diagnostics, 

18 payload communication, and collaborative-collision avoid19 ance, such as vehicle-to-vehicle communication, and other 

20 uses, if permitted by and consistent with the Communica21 tions Act of 1934 (47 U.S.C. 151 et seq.), Federal Commu22 nications Commission rules, and the safety-of-life deter23 mination made by the Federal Aviation Administration, 

24 and with carrier consent, whether they are operating within 
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1 the UTM system under section 2138 of this Act or outside 

2 such a system. 

3 (b) REPORT.—Not later than 180 days after the date 

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

5 Aviation Administration, the National Telecommunications 

6 and Information Administration, and the Federal Commu7 nications Commission, shall submit to the Committee on 

8 Commerce, Science, and Transportation of the Senate, the 

9 Committee on Transportation and Infrastructure of the 

10 House of Representatives, and the Committee on Energy 

11 and Commerce of the House of Representatives a report— 

12 (1) on whether small unmanned aircraft systems 

13 operations should be permitted to operate on spectrum 

14 designated for aviation use, on an unlicensed, shared, 

15 or exclusive basis, for operations within the UTM sys16 tem or outside of such a system; 

17 (2) that addresses any technological, statutory, 

18 regulatory, and operational barriers to the use of such 

19 spectrum; and 

20 (3) that, if it is determined that spectrum des21 ignated for aviation use is not suitable for operations 

22 by small unmanned aircraft systems, includes rec23 ommendations of other spectrum frequencies that may 

24 be appropriate for such operations. 
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1 SEC. 2154. APPLICATIONS FOR DESIGNATION. 

2 (a) APPLICATIONS FOR DESIGNATION.—Not later than 

3 180 days after the date of enactment of this Act, the Sec4 retary of Transportation shall establish a process to allow 

5 applicants to petition the Administrator of the Federal 

6 Aviation Administration to prohibit or otherwise limit the 

7 operation of an aircraft, including an unmanned aircraft, 

8 over, under, or within a specified distance from a fixed site 

9 facility. 

10 (b) REVIEW PROCESS.— 

11 (1) APPLICATION PROCEDURES.— 

12 (A) IN GENERAL.—The Administrator shall 

13 establish the procedures for the application for 

14 designation under subsection (a). 

15 (B) REQUIREMENTS.—The procedures 

16 shall— 

17 (i) allow individual fixed site facility 

18 applications; and 

19 (ii) allow for a group of similar facili20 ties to apply for a collective designation. 

21 (C) CONSIDERATIONS.—In establishing the 

22 procedures, the Administrator shall consider how 

23 the process will apply to— 

24 (i) critical infrastructure, such as en25 ergy production, transmission, and dis26 tribution facilities and equipment; 
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1 (ii) oil refineries and chemical facili2 ties; 

3 (iii) amusement parks; and 

4 (iv) other locations that may benefit 

5 from such restrictions. 

6 (2) DETERMINATION.— 

7 (A) IN GENERAL.—The Secretary shall pro8 vide for a determination under the review proc9 ess established under subsection (a) not later 

10 than 90 days from the date of application, unless 

11 the applicant is provided with written notice de12 scribing the reason for the delay. 

13 (B) AFFIRMATIVE DESIGNATIONS.—An af14 firmative designation shall outline— 

15 (i) the boundaries for unmanned air16 craft operation near the fixed site facility; 

17 and 

18 (ii) such other limitations that the Ad19 ministrator determines may be appropriate. 

20 (C) CONSIDERATIONS.—In making a deter21 mination whether to grant or deny an applica22 tion for a designation, the Administrator may 

23 consider— 

24 (i) aviation safety; 
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1 (ii) personal safety of the uninvolved 

2 public; 

3 (iii) national security; or 

4 (iv) homeland security. 

5 (D) OPPORTUNITY FOR RESUBMISSION.—If 

6 an application is denied and the applicant can 

7 reasonably address the reason for the denial, the 

8 Administrator may allow the applicant to re9 apply for designation. 

10 (c) PUBLIC INFORMATION.—Designations under sub11 section (a) shall be published by the Federal Aviation Ad12 ministration on a publicly accessible website. 

13 SEC. 2155. USE OF UNMANNED AIRCRAFT SYSTEMS AT IN14 STITUTIONS OF HIGHER EDUCATION. 

15 (a) IN GENERAL.—Not later than 270 days after the 

16 date of enactment of this Act, the Administrator of the Fed17 eral Aviation Administration shall establish procedures and 

18 standards, as applicable, to facilitate the safe operation of 

19 unmanned aircraft systems by institutions of higher edu20 cation, including faculty, students, and staff. 

21 (b) STANDARDS.—The procedures and standards re22 quired under subsection (a) shall outline risk-based oper23 ational parameters to ensure the safety of the national air24 space system and the uninvolved public that facilitates the 
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1 use of unmanned aircraft systems for educational or re2 search purposes. 

3 (c) UNMANNED AIRCRAFT SYSTEM APPROVAL.—The 

4 procedures required under subsection (a) shall allow un5 manned aircraft systems operated under this section to be 

6 modified for research purposes without iterative approval 

7 from the Administrator. 

8 (d) ADDITIONAL PROCEDURES.—The Administrator 

9 shall establish a procedure to provide for streamlined, risk10 based operational approval for unmanned aircraft systems 

11 operated by institutions of higher education, including fac12 ulty, students, and staff, outside of the parameters or pur13 poses set forth in subsection (b). 

14 (e) DEADLINES.— 

15 (1) IN GENERAL.—If, by the date that is 270 

16 days after the date of enactment of this Act, the Ad17 ministrator has not set forth standards and proce18 dures required under subsections (a), (b), and (c), an 

19 institution of higher education may— 

20 (A) without specific approval from the Fed21 eral Aviation Administration, operate small un22 manned aircraft at model aircraft fields ap23 proved by the Academy of Model Aeronautics 

24 and with the permission of the local club of the 

25 Academy of Model Aeronautics; and 
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1 (B) submit to the Federal Aviation Admin2 istration applications for approval of the institu3 tion’s designation of 1 or more outdoor flight 

4 fields. 

5 (2) CONSEQUENCE OF FAILURE TO APPROVE.—If 

6 the Administrator does not take action with respect to 

7 an application submitted under paragraph (1)(B) 

8 within 30 days of the submission of the application, 

9 the failure to do so shall be treated as approval of the 

10 application. 

11 (f) DEFINITIONS.—In this section: 

12 (1) INSTITUTION OF HIGHER EDUCATION.—The 

13 term ‘‘institution of higher education’’ has the mean14 ing given that term by section 101(a) of the Higher 

15 Education Act of 1965 (20 U.S.C. 1001(a)). 

16 (2) UNMANNED AIRCRAFT SYSTEM.—The term 

17 ‘‘unmanned aircraft system’’ has the meaning given 

18 the term in section 44801 of title 49, United States 

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

20 (3) EDUCATIONAL OR RESEARCH PURPOSES.— 

21 The term ‘‘educational or research purposes’’, with re22 spect to the operation of an unmanned aircraft sys23 tem by an institution of higher education, includes— 

24 (A) instruction of students at the institu25 tion; 
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1 (B) academic or research related use of un2 manned aircraft systems by student organiza3 tions recognized by the institution, if such use 

4 has been approved by the institution; 

5 (C) activities undertaken by the institution 

6 as part of research projects, including research 

7 projects sponsored by the Federal Government; 

8 and 

9 (D) other academic activities at the institu10 tion, including general research, engineering, 

11 and robotics. 

12 SEC. 2156. TRANSITION LANGUAGE. 

13 (a) REGULATIONS.—Notwithstanding the repeals 

14 under sections 2122(b)(2), 2125(b)(2), 2126(b)(2), 

15 2128(b)(2), and 2129(b)(2) of this Act, all orders, deter16 minations, rules, regulations, permits, grants, and con17 tracts, which have been issued under any law described 

18 under subsection (b) of this section on or before the effective 

19 date of this Act shall continue in effect until modified or 

20 revoked by the Secretary of Transportation, acting through 

21 the Administrator of the Federal Aviation Administration, 

22 as applicable, by a court of competent jurisdiction, or by 

23 operation of law other than this Act. 

24 (b) LAWS DESCRIBED.—The laws described under this 

25 subsection are as follows: 
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1 (1) Section 332(c) of the FAA Modernization 

2 and Reform Act of 2012 (49 U.S.C. 40101 note). 

3 (2) Section 332(d) of the FAA Modernization 

4 and Reform Act of 2012 (49 U.S.C. 40101 note). 

5 (3) Section 333 of the FAA Modernization and 

6 Reform Act of 2012 (49 U.S.C. 40101 note). 

7 (4) Section 334 of the FAA Modernization and 

8 Reform Act of 2012 (49 U.S.C. 40101 note). 

9 (5) Section 336 of the FAA Modernization and 

10 Reform Act of 2012 (49 U.S.C. 40101 note). 

11 (c) EFFECT ON PENDING PROCEEDINGS.—This Act 

12 shall not affect administrative or judicial proceedings pend13 ing on the effective date of this Act. 

14 PART IV—OPERATOR SAFETY 

15 SEC. 2161. SHORT TITLE. 

16 This part may be cited as the ‘‘Drone Operator Safety 

17 Act’’. 

18 SEC. 2162. FINDINGS; SENSE OF CONGRESS. 

19 (a) FINDING.—Congress finds that educating operators 

20 of unmanned aircraft about the laws and regulations that 

21 govern such aircraft helps to ensure their safe operation. 

22 (b) SENSE OF CONGRESS.—It is the sense of Congress 

23 that the Administrator of the Federal Aviation Administra24 tion should continue to prioritize the education of operators 
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1 of unmanned aircraft through public outreach efforts like 

2 the ‘‘Know Before You Fly’’ campaign. 

3 SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT. 

4 (a) IN GENERAL.—Chapter 2 of title 18, United States 

5 Code, is amended— 

6 (1) in section 31— 

7 (A) in subsection (a)— 

8 (i) by redesignating paragraph (10) as 

9 paragraph (11); and 

10 (ii) by inserting after paragraph (9) 

11 the following: 

12 ‘‘(10) UNMANNED AIRCRAFT.—The term ‘un13 manned aircraft’ has the meaning given such term in 

14 section 44801 of title 49.’’; and 

15 (B) in subsection (b), by inserting ‘‘ ‘air16 port’,’’ before ‘‘ ‘appliance’ ’’; and 

17 (2) by inserting after section 39A the following: 

18 ‘‘§ 39B. Unsafe operation of unmanned aircraft 

19 ‘‘(a) OFFENSE.—Any person who operates an un20 manned aircraft and, in so doing, knowingly or recklessly 

21 interferes with, or disrupts the operation of, an aircraft car22 rying 1 or more occupants operating in the special aircraft 

23 jurisdiction of the United States, in a manner that poses 

24 an imminent safety hazard to such occupants, shall be pun25 ished as provided in subsection (b). 
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1 ‘‘(b) PENALTY.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the punishment for an offense under sub4 section (a) shall be a fine under this title, imprison5 ment for not more than 1 year, or both. 

6 ‘‘(2) SERIOUS BODILY INJURY OR DEATH.—Any 

7 person who attempts to cause, or knowingly or reck8 lessly causes, serious bodily injury or death during 

9 the commission of an offense under subsection (a) 

10 shall be fined under this title, imprisoned for any 

11 term of years or for life, or both. 

12 ‘‘(c) OPERATION OF UNMANNED AIRCRAFT IN CLOSE

13 PROXIMITY TO AIRPORTS.— 

14 ‘‘(1) IN GENERAL.—The operation of an un15 manned aircraft within a runway exclusion zone 

16 shall be considered a violation of subsection (a) unless 

17 such operation is approved by the airport’s air traffic 

18 control facility or is the result of a circumstance, such 

19 as a malfunction, that could not have been reasonably 

20 foreseen or prevented by the operator. 

21 ‘‘(2) RUNWAY EXCLUSION ZONE DEFINED.—In 

22 this subsection, the term ‘runway exclusion zone’ 

23 means a rectangular area— 

24 ‘‘(A) centered on the centerline of an active 

25 runway of an airport immediately around which 
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1 the airspace is designated as class B, class C, or 

2 class D airspace at the surface under part 71 of 

3 title 14, Code of Federal Regulations; and 

4 ‘‘(B) the length of which extends parallel to 

5 the runway’s centerline to points that are 1 stat6 ute mile from each end of the runway and the 

width of which is 1 7 ⁄2 statute mile.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections for 

9 chapter 2 of title 18, United States Code, is amended by 

10 inserting after the item relating to section 39A the fol11 lowing: 

‘‘39B. Unsafe operation of unmanned aircraft.’’. 

12 Subtitle B—FAA Safety 

13 Certification Reform 

14 PART I—GENERAL PROVISIONS 

15 SEC. 2211. DEFINITIONS. 

16 In this subtitle: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Federal Avia19 tion Administration. 

20 (2) ADVISORY COMMITTEE.—The term ‘‘Advisory 

21 Committee’’ means the Safety Oversight and Certifi22 cation Advisory Committee established under section 

23 2212. 

24 (3) FAA.—The term ‘‘FAA’’ means the Federal 

25 Aviation Administration. 
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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Transportation. 

3 (5) SYSTEMS SAFETY APPROACH.—The term 

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

5 specialized technical and managerial skills to the sys6 tematic, forward-looking identification and control of 

7 hazards throughout the lifecycle of a project, program, 

8 or activity. 

9 SEC. 2212. SAFETY OVERSIGHT AND CERTIFICATION ADVI10 SORY COMMITTEE. 

11 (a) ESTABLISHMENT.—Not later than 60 days after 

12 the date of enactment of this Act, the Secretary shall estab13 lish a Safety Oversight and Certification Advisory Com14 mittee in accordance with this section. 

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

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

17 aviation community that are related to FAA safety over18 sight and certification programs and activities, including 

19 the following: 

20 (1) Aircraft and flight standards certification 

21 processes, including efforts to streamline those proc22 esses. 

23 (2) Implementation and oversight of safety man24 agement systems. 

25 (3) Risk-based oversight efforts. 
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1 (4) Utilization of delegation and designation au2 thorities, including organization designation author3 ization. 

4 (5) Regulatory interpretation standardization ef5 forts. 

6 (6) Training programs. 

7 (7) Expediting the rulemaking process and 

8 prioritizing safety-related rules. 

9 (8) Enhancing global competitiveness of U.S. 

10 manufactured and FAA type-certificate aircraft prod11 ucts and services throughout the world. 

12 (c) FUNCTIONS.—In carrying out its duties under sub13 section (b) related to FAA safety oversight and certification 

14 programs and activities, the Advisory Committee shall— 

15 (1) foster aviation stakeholder collaboration in 

16 an open and transparent manner; 

17 (2) consult with, and ensure participation by— 

18 (A) the private sector, including representa19 tives of— 

20 (i) general aviation; 

21 (ii) commercial aviation; 

22 (iii) aviation labor; 

23 (iv) aviation, aerospace, and avionics 

24 manufacturing; and 
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1 (v) unmanned aircraft systems indus2 try; and 

3 (B) the public; 

4 (3) recommend consensus national goals, stra5 tegic objectives, and priorities for the most efficient, 

6 streamlined, and cost-effective safety oversight and 

7 certification processes in order to maintain the safety 

8 of the aviation system while allowing the FAA to 

9 meet future needs and ensure that aviation stake10 holders remain competitive in the global marketplace; 

11 (4) provide policy recommendations for the 

12 FAA’s safety oversight and certification efforts; 

13 (5) periodically review and provide recommenda14 tions regarding the FAA’s safety oversight and certifi15 cation efforts; 

16 (6) periodically review and evaluate registration, 

17 certification, and related fees; 

18 (7) provide appropriate legislative, regulatory, 

19 and guidance recommendations for the air transpor20 tation system and the aviation safety regulatory envi21 ronment; 

22 (8) recommend performance objectives for the 

23 FAA and aviation industry; 

24 (9) recommend performance metrics for the FAA 

25 and the aviation industry to be tracked and reviewed 
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1 as streamlining certification reform, flight standards 

2 reform, and regulation standardization efforts 

3 progress; 

4 (10) provide a venue for tracking progress to5 ward national goals and sustaining joint commit6 ments; 

7 (11) recommend recruiting, hiring, staffing lev8 els, training, and continuing education objectives for 

9 FAA aviation safety engineers and aviation safety in10 spectors; 

11 (12) provide advice and recommendations to the 

12 FAA on how to prioritize safety rulemaking projects; 

13 (13) improve the development of FAA regulations 

14 by providing information, advice, and recommenda15 tions related to aviation issues; 

16 (14) encourage the validation of U.S. manufac17 tured and FAA type-certificate aircraft products and 

18 services throughout the world; and 

19 (15) any other functions as determined appro20 priate by the chairperson of the Advisory Committee 

21 and the Administrator. 

22 (d) MEMBERSHIP.— 

23 (1) VOTING MEMBERS.—The Advisory Committee 

24 shall be composed of the following voting members: 
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1 (A) The Administrator, or the Administra2 tor’s designee. 

3 (B) At least 1 representative, appointed by 

4 the Secretary, of each of the following: 

5 (i) Aircraft and engine manufacturers. 

6 (ii) Avionics and equipment manufac7 turers. 

8 (iii) Aviation labor organizations, in9 cluding collective bargaining representatives 

10 of FAA aviation safety inspectors and avia11 tion safety engineers. 

12 (iv) General aviation operators. 

13 (v) Air carriers. 

14 (vi) Business aviation operators. 

15 (vii) Unmanned aircraft systems man16 ufacturers and operators. 

17 (viii) Aviation safety management ex18 perts. 

19 (2) NONVOTING MEMBERS.— 

20 (A) IN GENERAL.—In addition to the mem21 bers appointed under paragraph (1), the Advi22 sory Committee shall be composed of nonvoting 

23 members appointed by the Secretary from among 

24 individuals representing FAA safety oversight 

25 program offices. 
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1 (B) DUTIES.—A nonvoting member may— 

2 (i) take part in deliberations of the Ad3 visory Committee; and 

4 (ii) provide input with respect to any 

5 report or recommendation of the Advisory 

6 Committee. 

7 (C) LIMITATION.—A nonvoting member 

8 may not represent any stakeholder interest other 

9 than that of an FAA safety oversight program 

10 office. 

11 (3) TERMS.—Each voting member and non12 voting member of the Advisory Committee shall be ap13 pointed for a term of 2 years. 

14 (4) RULE OF CONSTRUCTION.—Public Law 104– 

15 65 (2 U.S.C. 1601 et seq.) may not be construed to 

16 prohibit or otherwise limit the appointment of any 

17 individual as a member of the Advisory Committee. 

18 (e) COMMITTEE CHARACTERISTICS.—The Advisory 

19 Committee shall have the following characteristics: 

20 (1) Each voting member under subsection 

21 (d)(1)(B) shall be an executive that has decision au22 thority within the member’s organization and can 

23 represent and enter into commitments on behalf of 

24 that organization in a way that serves the entire 
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1 group of organizations that member represents under 

2 that subsection. 

3 (2) The ability to obtain necessary information 

4 from experts in the aviation and aerospace commu5 nities. 

6 (3) A membership size that enables the Advisory 

7 Committee to have substantive discussions and reach 

8 consensus on issues in an expeditious manner. 

9 (4) Appropriate expertise, including expertise in 

10 certification and risk-based safety oversight processes, 

11 operations, policy, technology, labor relations, train12 ing, and finance. 

13 (f) CHAIRPERSON.— 

14 (1) IN GENERAL.—The chairperson of the Advi15 sory Committee shall be appointed by the Secretary 

16 from among the voting members under subsection 

17 (d)(1)(B). 

18 (2) TERM.—Each member appointed under 

19 paragraph (1) shall serve a term of 2 years as chair20 person. 

21 (g) MEETINGS.— 

22 (1) FREQUENCY.—The Advisory Committee shall 

23 convene at least 2 meetings a year at the call of the 

24 chairperson. 
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1 (2) PUBLIC ATTENDANCE.—Each meeting of the 

2 Advisory Committee shall be open and accessible to 

3 the public. 

4 (h) SPECIAL COMMITTEES.— 

5 (1) ESTABLISHMENT.—The Advisory Committee 

6 may establish 1 or more special committees composed 

7 of private sector representatives, members of the pub8 lic, labor representatives, and other relevant parties 

9 in complying with consultation and participation re10 quirements under subsection (c)(2). 

11 (2) RULEMAKING ADVICE.—A special committee 

12 established by the Advisory Committee may— 

13 (A) provide rulemaking advice and rec14 ommendations to the Advisory Committee; 

15 (B) provide the FAA additional opportuni16 ties to obtain firsthand information and insight 

17 from those persons that are most affected by ex18 isting and proposed regulations; and 

19 (C) assist in expediting the development, re20 vision, or elimination of rules in accordance 

21 with, and without circumventing, established 

22 public rulemaking processes and procedures. 

23 (3) FEDERAL ADVISORY COMMITTEE ACT.—The 

24 Federal Advisory Committee Act (5 U.S.C. App.) 
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1 shall not apply to a special committee under this sub2 section. 

3 (i) SUNSET.—The Advisory Committee shall cease to 

4 exist on September 30, 2017. 

5 PART II—AIRCRAFT CERTIFICATION REFORM 

6 SEC. 2221. AIRCRAFT CERTIFICATION PERFORMANCE OB7 JECTIVES AND METRICS. 

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

9 date the Advisory Committee is established under section 

10 2212, the Administrator shall establish performance objec11 tives and apply and track performance metrics for the FAA 

12 and the aviation industry relating to aircraft certification 

13 in accordance with this section. 

14 (b) COLLABORATION.—The Administrator shall carry 

15 out this section in collaboration with the Advisory Com16 mittee and update agency performance objectives and 

17 metrics after considering the proposals recommended by the 

18 Advisory Committee under paragraphs (8) and (9) of sec19 tion 2212(c). 

20 (c) PERFORMANCE OBJECTIVES.—In establishing per21 formance objectives under subsection (a), the Administrator 

22 shall ensure progress is made toward, at a minimum— 

23 (1) eliminating certification delays and improv24 ing cycle times; 
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1 (2) increasing accountability for both FAA and 

2 the aviation industry; 

3 (3) achieving full utilization of FAA delegation 

4 and designation authorities, including organizational 

5 designation authorization; 

6 (4) fully implementing risk management prin7 ciples and a systems safety approach; 

8 (5) reducing duplication of effort; 

9 (6) increasing transparency; 

10 (7) developing and providing training, including 

11 recurrent training, in auditing and a systems safety 

12 approach to certification oversight; 

13 (8) improving the process for approving or ac14 cepting the certification actions between the FAA and 

15 bilateral partners; 

16 (9) maintaining and improving safety; 

17 (10) streamlining the hiring process for— 

18 (A) qualified systems safety engineers at 

19 staffing levels to support the FAA’s efforts to im20 plement a systems safety approach; and 

21 (B) qualified systems safety engineers to 

22 guide the engineering of complex systems within 

23 the FAA; and 

24 (11) maintaining the leadership of the United 

25 States in international aviation and aerospace. 
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1 (d) PERFORMANCE METRICS.—In carrying out sub2 section (a), the Administrator shall— 

3 (1) apply and track performance metrics for the 

4 FAA and the aviation industry; and 

5 (2) transmit to the appropriate committees of 

6 Congress an annual report on tracking the progress 

7 toward full implementation of the recommendations 

8 under section 2212. 

9 (e) DATA.— 

10 (1) BASELINES.—Not later than 1 year after the 

11 date the Advisory Committee recommends initial per12 formance metrics under section 2212(c)(9), the Ad13 ministrator shall generate initial data with respect to 

14 each of the performance metrics applied and tracked 

15 under this section. 

16 (2) BENCHMARKS.—The Administrator shall use 

17 the performance metrics applied and tracked under 

18 this section to generate data on an ongoing basis and 

19 to measure progress toward the consensus national 

20 goals, strategic objectives, and priorities recommended 

21 under section 2212(c)(3). 

22 (f) PUBLICATION.— 

23 (1) IN GENERAL.—Subject to paragraph (2), the 

24 Administrator shall make data generated using the 

25 performance metrics applied and tracked under this 
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1 section available in a searchable, sortable, and 

2 downloadable format through the Internet Web site of 

3 the FAA or other appropriate methods. 

4 (2) LIMITATIONS.—The Administrator shall 

5 make the data under paragraph (1) available in a 

6 manner that— 

7 (A) protects from disclosure identifying in8 formation regarding an individual or entity; 

9 and 

10 (B) protects from inappropriate disclosure 

11 proprietary information. 

12 SEC. 2222. ORGANIZATION DESIGNATION AUTHORIZA13 TIONS. 

14 (a) IN GENERAL.—Chapter 447 is amended by adding 

15 at the end the following: 

16 ‘‘§ 44736. Organization designation authorizations 

17 ‘‘(a) DELEGATIONS OF FUNCTIONS.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (3), in the oversight of an ODA holder, the Ad20 ministrator of the Federal Aviation Administration, 

21 in accordance with Federal Aviation Administration 

22 standards, shall— 

23 ‘‘(A) require, based on an application sub24 mitted by the ODA holder and approved by the 

25 Administrator (or the Administrator’s designee), 
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1 a procedures manual that addresses all proce2 dures and limitations regarding the specified 

3 functions to be performed by the ODA holder 

4 subject to regulations prescribed by the Adminis5 trator; 

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

7 of the functions specified in the procedures man8 ual, unless the Administrator determines, after 

9 the date of the delegation and as a result of an 

10 inspection or other investigation, that the public 

11 interest and safety of air commerce requires a 

12 limitation with respect to 1 or more of the func13 tions; and 

14 ‘‘(C) conduct oversight activities, including 

15 by inspecting the ODA holder’s delegated func16 tions and taking action based on validated in17 spection findings. 

18 ‘‘(2) DUTIES OF ODA HOLDERS.—An ODA hold19 er shall— 

20 ‘‘(A) perform each specified function dele21 gated to the ODA holder in accordance with the 

22 approved procedures manual for the delegation; 

23 ‘‘(B) make the procedures manual available 

24 to each member of the appropriate ODA unit; 

25 and 
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1 ‘‘(C) cooperate fully with oversight activities 

2 conducted by the Administrator in connection 

3 with the delegation. 

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

5 an ODA holder operating under a procedures manual 

6 approved by the Administrator before the date of en7 actment of the Federal Aviation Administration Re8 authorization Act of 2016, the Administrator shall— 

9 ‘‘(A) at the request of the ODA holder, and 

10 in an expeditious manner, consider revisions to 

11 the ODA holder’s procedures manual; 

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

13 of the functions specified in the procedures man14 ual, unless the Administrator determines, after 

15 the date of the delegation and as a result of an 

16 inspection or other investigation, that the public 

17 interest and safety of air commerce requires a 

18 limitation with respect to 1 or more of the func19 tions; and 

20 ‘‘(C) conduct oversight activities, including 

21 by inspecting the ODA holder’s delegated func22 tions and taking action based on validated in23 spection findings. 

24 ‘‘(b) ODA OFFICE.— 
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1 ‘‘(1) ESTABLISHMENT.—Not later than 120 days 

2 after the date of enactment of Federal Aviation Ad3 ministration Reauthorization Act of 2016, the Ad4 ministrator shall identify, within the Office of Avia5 tion Safety, a centralized policy office to be respon6 sible for the organization designation authorization 

7 (referred to in this subsection as the ODA Office). The 

8 Director of the ODA Office shall report to the Director 

9 of the Aircraft Certification Service. 

10 ‘‘(2) PURPOSE.—The purpose of the ODA Office 

11 shall be to provide oversight and ensure consistency of 

12 the Federal Aviation Administration audit functions 

13 under the ODA program across the agency. 

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

15 ‘‘(A)(i) at the request of an ODA holder, 

16 eliminate all limitations specified in a proce17 dures manual in place on the date of enactment 

18 of the Federal Aviation Administration Reau19 thorization Act of 2016 that are low and me20 dium risk as determined by a risk analysis using 

21 criteria established by the ODA Office and dis22 closed to the ODA holder, except where an ODA 

23 holder’s performance warrants the retention of a 

24 specific limitation due to documented concerns 
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1 about inadequate current performance in car2 rying out that authorized function; 

3 ‘‘(ii) require an ODA holder to establish a 

4 corrective action plan to regain authority for 

5 any retained limitations; 

6 ‘‘(iii) require an ODA holder to notify the 

7 ODA Office when all corrective actions have been 

8 accomplished; 

9 ‘‘(iv) make a reassessment to determine if 

10 subsequent performance in carrying out any re11 tained limitation warrants continued retention 

12 and, if such reassessment determines perform13 ance meets objectives, lift such limitation imme14 diately; 

15 ‘‘(B) improve the Administration and the 

16 ODA holder performance and ensure full use of 

17 the authorities delegated under the ODA pro18 gram; 

19 ‘‘(C) develop a more consistent approach to 

20 audit priorities, procedures, and training under 

21 the ODA program; 

22 ‘‘(D) expeditiously review a random sample 

23 of limitations on delegated authorities under the 

24 ODA program to determine if the limitations are 

25 appropriate; 
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1 ‘‘(E) review and approve new limitations to 

2 ODA functions; and 

3 ‘‘(F) 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 ‘‘(c) DEFINITIONS.—In this section: 

8 ‘‘(1) ODA OR ORGANIZATION DESIGNATION AU9 THORIZATION.—The term ‘ODA’ or ‘organization des10 ignation authorization’ means an authorization 

11 under section 44702(d) to perform approved functions 

12 on behalf of the Administrator of the Federal Aviation 

13 Administration under subpart D of part 183 of title 

14 14, Code of Federal Regulations. 

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

16 means an entity authorized under section 44702(d)— 

17 ‘‘(A) to which the Administrator of the Fed18 eral Aviation Administration issues an ODA let19 ter of designation under subpart D of part 183 

20 of title 14, Code of Federal Regulations (or any 

21 corresponding similar regulation or ruling); and 

22 ‘‘(B) that is responsible for administering 1 

23 or more ODA units. 

24 ‘‘(3) ODA PROGRAM.—The term ‘ODA program’ 

25 means the program to standardize Federal Aviation 
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1 Administration management and oversight of the or2 ganizations that are approved to perform certain 

3 functions on behalf of the Administration under sec4 tion 44702(d). 

5 ‘‘(4) ODA UNIT.—The term ‘ODA unit’ means a 

6 group of 2 or more individuals under the supervision 

7 of an ODA holder who perform the specified functions 

8 under an ODA. 

9 ‘‘(5) ORGANIZATION.—The term ‘organization’ 

10 means a firm, a partnership, a corporation, a com11 pany, an association, a joint-stock association, or a 

12 governmental entity.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 The table of contents of chapter 447 is amended by adding 

15 after the item relating to section 44735 the following: 

‘‘44736. Organization designation authorizations.’’. 

16 SEC. 2223. ODA REVIEW. 

17 (a) EXPERT REVIEW PANEL.— 

18 (1) ESTABLISHMENT.—Not later than 60 days 

19 after the date of enactment of this Act, the Adminis20 trator of the FAA shall convene a multidisciplinary 

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

22 ‘‘Panel’’). 

23 (2) COMPOSITION.— 
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1 (A) IN GENERAL.—The Panel shall be com2 posed of not more than 20 members appointed by 

3 the Administrator. 

4 (B) QUALIFICATIONS.—The members ap5 pointed to the Panel shall— 

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

7 experience in processes and procedures 

8 under the ODA program; and 

9 (ii) include representatives of ODA 

10 holders, aviation manufacturers, safety ex11 perts, and FAA labor organizations, includ12 ing labor representatives of FAA aviation 

13 safety inspectors and aviation safety engi14 neers. 

15 (b) SURVEY.—The Panel shall survey ODA holders 

16 and ODA program applicants to document FAA safety 

17 oversight and certification programs and activities, includ18 ing the FAA’s use of the ODA program and the speed and 

19 efficiency of the certification process. In carrying out this 

20 subsection, the Administrator shall consult with the appro21 priate survey experts and the Panel to best design and con22 duct the survey. 

23 (c) ASSESSMENT.—The Panel shall— 

24 (1) conduct an assessment of— 
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1 (A) the FAA’s processes and procedures 

2 under the ODA program and whether the proc3 esses and procedures function as intended; 

4 (B) the best practices of and lessons learned 

5 by ODA holders and the FAA personnel who pro6 vide oversight of ODA holders; 

7 (C) the performance incentive policies, re8 lated to the ODA program for FAA personnel, 

9 that do not conflict with the public interest; 

10 (D) the training activities related to the 

11 ODA program for FAA personnel and ODA 

12 holders; and 

13 (E) the impact, if any, that oversight of the 

14 ODA program has on FAA resources and the 

15 FAA’s ability to process applications for certifi16 cations outside of the ODA program; and 

17 (2) make recommendations for improving FAA 

18 safety oversight and certification programs and ac19 tivities based on the results of the survey under sub20 section (b) and each element of the assessment under 

21 paragraph (1) of this subsection. 

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

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

24 submit to the Administrator, the Advisory Committee estab25 lished under section 2212, and the appropriate committees 
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1 of Congress a report on results of the survey under sub2 section (b) and the assessment and recommendations under 

3 subsection (c). 

4 (e) DEFINITIONS.—The terms used in this section have 

5 the meanings given the terms in section 44736 of title 49, 

6 United States Code. 

7 (f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed8 eral Advisory Committee Act (5 U.S.C. App.) shall not 

9 apply to the Panel. 

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

11 the report is submitted under subsection (d). 

12 SEC. 2224. TYPE CERTIFICATION RESOLUTION PROCESS. 

13 (a) IN GENERAL.—Section 44704(a) is amended by 

14 adding at the end the following: 

15 ‘‘(6) TYPE CERTIFICATION RESOLUTION PROC16 ESS.— 

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

18 months after the date of enactment of Federal 

19 Aviation Administration Reauthorization Act of 

20 2016, the Administrator shall establish an effec21 tive, expeditious, and milestone-based issue reso22 lution process for type certification activities 

23 under this subsection. 

24 ‘‘(B) PROCESS REQUIREMENTS.—The reso25 lution process shall provide for— 
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1 ‘‘(i) the resolution of technical issues at 

2 preestablished stages of the certification 

3 process, as agreed to by the Administrator 

4 and the type certificate applicant; 

5 ‘‘(ii) the automatic escalation to ap6 propriate management personnel of the Fed7 eral Aviation Administration and the type 

8 certificate applicant of any major certifi9 cation process milestone that is not com10 pleted or resolved within a specific period of 

11 time agreed to by the Administrator and the 

12 type certificate applicant; and 

13 ‘‘(iii) the resolution of a major certifi14 cation process milestone escalated under 

15 clause (ii) within a specific period of time 

16 agreed to by the Administrator and the type 

17 certificate applicant. 

18 ‘‘(C) DEFINITION OF MAJOR CERTIFICATION

19 PROCESS MILESTONE.—In this paragraph, the 

20 term ‘major certification process milestone’ 

21 means a milestone related to a type certification 

22 basis, type certification plan, type inspection au23 thorization, issue paper, or other major type cer24 tification activity agreed to by the Administrator 

25 and the type certificate applicant.’’. 
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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 Section 44704 is amended in the heading by striking ‘‘air3 worthiness certificates,,’’ and inserting ‘‘air4 worthiness certificates,’’. 

5 SEC. 2225. SAFETY ENHANCING TECHNOLOGIES FOR SMALL 

6 GENERAL AVIATION AIRPLANES. 

7 (a) POLICY.—In a manner consistent with the Small 

8 Airplane Revitalization Act of 2013 (49 U.S.C. 44704 note), 

9 not later than 180 days after the date of enactment of this 

10 Act, the Administrator shall establish and begin imple11 menting a risk-based policy that streamlines the installa12 tion of safety enhancing technologies for small general avia13 tion airplanes in a manner that reduces regulatory delays 

14 and significantly improves safety. 

15 (b) INCLUSIONS.—The safety enhancing technologies 

16 for small general aviation airplanes described in subsection 

17 (a) shall include, at a minimum, the replacement or retrofit 

18 of primary flight displays, auto pilots, engine monitors, 

19 and navigation equipment. 

20 (c) COLLABORATION.—In carrying out this section, the 

21 Administrator shall collaborate with general aviation oper22 ators, general aviation manufacturers, and appropriate 

23 FAA labor organizations, including representatives of FAA 

24 aviation safety inspectors and aviation safety engineers, 

25 certified under section 7111 of title 5, United States Code. 
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1 (d) DEFINITION OF SMALL GENERAL AVIATION AIR2 PLANE.—In this section, the term ‘‘small general aviation 

3 airplane’’ means an airplane that— 

4 (1) is certified to the standards of part 23 of title 

5 14, Code of Federal Regulations; 

6 (2) has a seating capacity of not more than 9 

7 passengers; and 

8 (3) is not used in scheduled passenger-carrying 

9 operations under part 121 of title 14, Code of Federal 

10 Regulations. 

11 SEC. 2226. STREAMLINING CERTIFICATION OF SMALL GEN12 ERAL AVIATION AIRPLANES. 

13 (a) FINAL RULEMAKING.—Not later than December 

14 31, 2016, the Administrator shall issue a final rulemaking 

15 to comply with section 3 of the Small Airplane Revitaliza16 tion Act of 2013 (49 U.S.C. 44704 note). 

17 (b) GOVERNMENT REVIEW.—The Federal Govern18 ment’s review process shall be streamlined to meet the dead19 line in subsection (a). 

20 PART III—FLIGHT STANDARDS REFORM 

21 SEC. 2231. FLIGHT STANDARDS PERFORMANCE OBJECTIVES 

22 AND METRICS. 

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

24 date the Advisory Committee is established under section 

25 2212, the Administrator shall establish performance objec-
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1 tives and apply and track performance metrics for the FAA 

2 and the aviation industry relating to flight standards ac3 tivities in accordance with this section. 

4 (b) COLLABORATION.—The Administrator shall carry 

5 out this section in collaboration with the Advisory Com6 mittee and update agency performance objectives and 

7 metrics after considering the recommendations of the Advi8 sory Committee under paragraphs (8) and (9) of section 

9 2212(c). 

10 (c) PERFORMANCE OBJECTIVES.—In carrying out sub11 section (a), the Administrator shall ensure that progress is 

12 made toward, at a minimum— 

13 (1) eliminating delays with respect to such ac14 tivities; 

15 (2) increasing accountability for both FAA and 

16 the aviation industry; 

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

19 (4) reducing duplication of effort; 

20 (5) promoting appropriate compliance activities 

21 and eliminating inconsistent regulatory interpreta22 tions and inconsistent enforcement activities; 

23 (6) improving and providing greater opportuni24 ties for training, including recurrent training, in au25 diting and a systems safety approach to oversight; 
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1 (7) developing and allowing the use of a single 

2 master source for guidance; 

3 (8) providing and using a streamlined appeal 

4 process for the resolution of regulatory interpretation 

5 questions; 

6 (9) maintaining and improving safety; and 

7 (10) increasing transparency. 

8 (d) PERFORMANCE METRICS.—In carrying out sub9 section (a), the Administrator shall— 

10 (1) apply and track performance metrics for the 

11 FAA and the aviation industry; and 

12 (2) transmit to the appropriate committees of 

13 Congress an annual report tracking the progress to14 ward full implementation of the performance metrics 

15 under section 2212. 

16 (e) DATA.— 

17 (1) BASELINES.—Not later than 1 year after the 

18 date the Advisory Committee recommends initial per19 formance metrics under section 2212(c)(9), the Ad20 ministrator shall generate initial data with respect to 

21 each of the performance metrics applied and tracked 

22 that are approved based on the recommendations re23 quired under this section. 

24 (2) BENCHMARKS.—The Administrator shall use 

25 the performance metrics applied and tracked under 
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1 this section to generate data on an ongoing basis and 

2 to measure progress toward the consensus national 

3 goals, strategic objectives, and priorities recommended 

4 under section 2212(c)(3). 

5 (f) PUBLICATION.— 

6 (1) IN GENERAL.—Subject to paragraph (2), the 

7 Administrator shall make data generated using the 

8 performance metrics applied and tracked under this 

9 section available in a searchable, sortable, and 

10 downloadable format through the Internet Web site of 

11 the FAA or other appropriate methods. 

12 (2) LIMITATIONS.—The Administrator shall 

13 make the data under paragraph (1) available in a 

14 manner that— 

15 (A) protects from disclosure identifying in16 formation regarding an individual or entity; 

17 and 

18 (B) protects from inappropriate disclosure 

19 proprietary information. 

20 SEC. 2232. FAA TASK FORCE ON FLIGHT STANDARDS RE21 FORM. 

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

23 the date of enactment of this Act, the Administrator shall 

24 establish the FAA Task Force on Flight Standards Reform 

25 (referred to in this section as the ‘‘Task Force’’). 
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1 (b) MEMBERSHIP.— 

2 (1) APPOINTMENT.—The membership of the Task 

3 Force shall be appointed by the Administrator. 

4 (2) NUMBER.—The Task Force shall be composed 

5 of not more than 20 members. 

6 (3) REPRESENTATION REQUIREMENTS.—The 

7 membership of the Task Force shall include represent8 atives, with knowledge of flight standards regulatory 

9 processes and requirements, of— 

10 (A) air carriers; 

11 (B) general aviation; 

12 (C) business aviation; 

13 (D) repair stations; 

14 (E) unmanned aircraft systems operators; 

15 (F) flight schools; 

16 (G) labor unions, including those rep17 resenting FAA aviation safety inspectors and 

18 those representing FAA aviation safety engineers; 

19 and 

20 (H) aviation safety experts. 

21 (c) DUTIES.—The duties of the Task Force shall in22 clude, at a minimum, identifying cost-effective best prac23 tices and providing recommendations with respect to— 

24 (1) simplifying and streamlining flight stand25 ards regulatory processes; 
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1 (2) reorganizing the Flight Standards Service to 

2 establish an entity organized by function rather than 

3 geographic region, if appropriate; 

4 (3) FAA aviation safety inspector training op5 portunities; 

6 (4) FAA aviation safety inspector standards and 

7 performance; and 

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

9 (A) regulatory interpretations; and 

10 (B) application of oversight activities. 

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

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

13 Administrator, Advisory Committee established under sec14 tion 2212, and appropriate committees of Congress a report 

15 detailing— 

16 (1) the best practices identified and rec17 ommendations provided by the Task Force under sub18 section (c); and 

19 (2) any recommendations of the Task Force for 

20 additional regulatory action or cost-effective legisla21 tive action. 

22 (e) FEDERAL ADVISORY COMMITTEE ACT.—The Fed23 eral Advisory Committee Act (5 U.S.C. App.) shall not 

24 apply to the Task Force. 
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1 (f) SUNSET.—The Task Force shall cease to exist on 

2 the date that the Task Force submits the report required 

3 under subsection (d). 

4 SEC. 2233. CENTRALIZED SAFETY GUIDANCE DATABASE. 

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

6 date of enactment of this Act, the Administrator of the FAA 

7 shall establish a centralized safety guidance database for all 

8 of the regulatory guidance issued by the FAA Office of Avia9 tion Safety regarding compliance with 1 or more aviation 

10 safety-related provisions of the Code of Federal Regulations. 

11 (b) REQUIREMENTS.—The database under subsection 

12 (a) shall— 

13 (1) for each guidance, include a link to the spe14 cific provision of the Code of Federal Regulations; 

15 (2) subject to paragraph (3), be accessible to the 

16 public; and 

17 (3) be provided in a manner that— 

18 (A) protects from disclosure identifying in19 formation regarding an individual or entity; 

20 and 

21 (B) protects from inappropriate disclosure 

22 proprietary information. 

23 (c) DATA ENTRY TIMING.— 

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

25 months after the date the database is established, the 
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1 Administrator shall have completed entering into the 

2 database any applicable regulatory guidance that are 

3 in effect and were issued before that date. 

4 (2) NEW REGULATORY GUIDANCE AND UP5 DATES.—Beginning on the date the database is estab6 lished, the Administrator shall ensure that any appli7 cable regulatory guidance that are issued on or after 

8 that date are entered into the database as they are 

9 issued. 

10 (d) CONSULTATION REQUIREMENT.—In establishing 

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

12 consult and collaborate with appropriate stakeholders, in13 cluding labor organizations (including those representing 

14 aviation workers, FAA aviation safety engineers, and FAA 

15 aviation safety inspectors) and aviation industry stake16 holders. 

17 (e) DEFINITION OF REGULATORY GUIDANCE.—In this 

18 section, the term ‘‘regulatory guidance’’ means all forms of 

19 written information issued by the FAA that an individual 

20 or entity may use to interpret or apply FAA regulations 

21 and requirements, including information an individual or 

22 entity may use to determine acceptable means of compliance 

23 with such regulations and requirements, such as an order, 

24 manual, circular, policy statement, legal interpretation 

25 memorandum, and rulemaking documents. 
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1 SEC. 2234. REGULATORY CONSISTENCY COMMUNICATIONS 

2 BOARD. 

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

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

5 FAA shall establish a Regulatory Consistency Communica6 tions Board (referred to in this section as the ‘‘Board’’). 

7 (b) CONSULTATION REQUIREMENT.—In establishing 

8 the Board, the Administrator shall consult and collaborate 

9 with appropriate stakeholders, including FAA labor organi10 zations (including labor organizations representing FAA 

11 aviation safety inspectors and labor organizations rep12 resenting FAA aviation safety engineers) and aviation in13 dustry stakeholders. 

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

15 FAA representatives, appointed by the Administrator, 

16 from— 

17 (1) the Flight Standards Service; 

18 (2) the Aircraft Certification Service; and 

19 (3) the Office of the Chief Counsel. 

20 (d) FUNCTIONS.—The Board shall carry out the fol21 lowing functions: 

22 (1) Recommend, at a minimum, processes by 

23 which— 

24 (A) FAA personnel and persons regulated 

25 by the FAA may submit regulatory interpreta26 tion questions without fear of retaliation; 
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1 (B) FAA personnel may submit written 

2 questions as to whether a previous approval or 

3 regulatory interpretation issued by FAA per4 sonnel in another office or region is correct or 

5 incorrect; and 

6 (C) any other person may submit anony7 mous regulatory interpretation questions. 

8 (2) Meet on a regular basis to discuss and resolve 

9 questions submitted under paragraph (1) and the ap10 propriate application of regulations and policy with 

11 respect to each question. 

12 (3) Provide to a person that submitted a ques13 tion under subparagraph (A) or subparagraph (B) of 

14 paragraph (1) an expeditious written response to the 

15 question. 

16 (4) Recommend a process to make the resolution 

17 of common regulatory interpretation questions pub18 licly available to FAA personnel and the public in a 

19 manner that— 

20 (A) does not reveal any identifying data of 

21 the person that submitted a question; and 

22 (B) protects any proprietary information. 

23 (5) Ensure that responses to questions under this 

24 subsection are incorporated into regulatory guidance 

25 (as defined in section 2233(e)). 
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1 (e) PERFORMANCE METRICS, TIMELINES, AND

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

3 Advisory Committee recommends performance objectives 

4 and performance metrics for the FAA and the aviation in5 dustry under paragraphs (8) and (9) of section 2212(c), the 

6 Administrator, in collaboration with the Advisory Com7 mittee, shall— 

8 (1) establish performance metrics, timelines, and 

9 goals to measure the progress of the Board in resolv10 ing regulatory interpretation questions submitted 

11 under subsection (d)(1); and 

12 (2) implement a process for tracking the progress 

13 of the Board in meeting the performance metrics, 

14 timelines, and goals under paragraph (1). 

15 SEC. 2235. FLIGHT STANDARDS SERVICE REALIGNMENT 

16 FEASIBILITY REPORT. 

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

18 of enactment of this Act, the Administrator, in consultation 

19 with relevant industry stakeholders, shall— 

20 (1) determine the feasibility of realigning flight 

21 standards service regional field offices to specialized 

22 areas of aviation safety oversight and technical exper23 tise; and 

24 (2) submit to the appropriate committees of Con25 gress a report on the findings under paragraph (1). 
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1 (b) CONSIDERATIONS.—In making a determination 

2 under subsection (a), the Administrator shall consider a 

3 flight standards service regional field office providing sup4 port in the area of its technical expertise to flight standards 

5 district offices and certificate management offices. 

6 SEC. 2236. ADDITIONAL CERTIFICATION RESOURCES. 

7 (a) IN GENERAL.—Notwithstanding any other provi8 sion of law, and subject to the requirements of subsection 

9 (b), the Administrator may enter into a reimbursable agree10 ment with an applicant or certificate holder for the reason11 able travel and per diem expenses of the FAA associated 

12 with official travel to expedite the acceptance or validation 

13 by a foreign authority of an FAA certificate or design ap14 proval. 

15 (b) CONDITIONS.—The Administrator may enter into 

16 an agreement under subsection (a) only if— 

17 (1) the travel covered under the agreement is de18 termined to be necessary, by both the Administrator 

19 and the applicant or certificate holder, to expedite the 

20 acceptance or validation of the relevant certificate or 

21 approval; 

22 (2) the travel is conducted at the request of the 

23 applicant or certificate holder; 
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1 (3) the travel plans and expenses are approved 

2 by the applicant or certificate holder prior to travel; 

3 and 

4 (4) the agreement requires payment in advance 

5 of FAA services and is consistent with the processes 

6 under section 106(l)(6) of title 49, United States 

7 Code. 

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

9 enactment of this Act, the Administrator shall submit to 

10 the appropriate committees of Congress a report on— 

11 (1) the number of occasions on which the Admin12 istrator entered into reimbursable agreements under 

13 this section; 

14 (2) the number of occasions on which the Admin15 istrator declined a request by an applicant or certifi16 cate holder to enter into a reimbursable agreement 

17 under this section; 

18 (3) the amount of reimbursements collected in 

19 accordance with agreements under this section; and 

20 (4) the extent to which reimbursable agreements 

21 under this section assisted in reducing the amount of 

22 time necessary for foreign authorities’ validations of 

23 FAA certificates and design approvals. 

24 (d) DEFINITIONS.—In this section: 
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1 (1) APPLICANT.—The term ‘‘applicant’’ means a 

2 person that has applied to a foreign authority for the 

3 acceptance or validation of an FAA certificate or de4 sign approval. 

5 (2) CERTIFICATE HOLDER.—The term ‘‘certifi6 cate holder’’ means a person that holds a certificate 

7 issued by the Administrator under part 21 of title 14, 

8 Code of Federal Regulations. 

9 PART IV—SAFETY WORKFORCE 

10 SEC. 2241. SAFETY WORKFORCE TRAINING STRATEGY. 

11 (a) SAFETY WORKFORCE TRAINING STRATEGY.—Not 

12 later than 60 days after the date of enactment of this Act, 

13 the Administrator of the FAA shall review and revise its 

14 safety workforce training strategy to ensure that it— 

15 (1) aligns with an effective risk-based approach 

16 to safety oversight; 

17 (2) best utilizes available resources; 

18 (3) allows FAA employees participating in orga19 nization management teams or conducting ODA pro20 gram audits to complete, expeditiously, appropriate 

21 training, including recurrent training, in auditing 

22 and a systems safety approach to oversight; 

23 (4) seeks knowledge-sharing opportunities be24 tween the FAA and the aviation industry in new 
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1 technologies, best practices, and other areas of interest 

2 related to safety oversight; 

3 (5) fosters an inspector and engineer workforce 

4 that has the skills and training necessary to improve 

5 risk-based approaches that focus on requirements 

6 management and auditing skills; and 

7 (6) includes, as appropriate, milestones and 

8 metrics for meeting the requirements of paragraphs 

9 (1) through (5). 

10 (b) REPORT.—Not later that 270 days after the date 

11 the strategy is established under subsection (a), the Admin12 istrator shall submit to the appropriate committees of Con13 gress a report on the implementation of the strategy and 

14 progress in meeting any milestones or metrics included in 

15 the strategy. 

16 (c) DEFINITIONS.—In this section: 

17 (1) ODA HOLDER.—The term ‘‘ODA holder’’ has 

18 the meaning given the term in section 44736 of title 

19 49, United States Code. 

20 (2) ODA PROGRAM.—The term ‘‘ODA program’’ 

21 has the meaning given the term in section 44736(c)(3) 

22 of title 49, United States Code, as added by this Act. 

23 (3) ORGANIZATION MANAGEMENT TEAM.—The 

24 term ‘‘organization management team’’ means a 

25 group of FAA employees consisting of FAA aviation 
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1 safety engineers, flight test pilots, and aviation safety 

2 inspectors overseeing an ODA holder and its specified 

3 function delegated under section 44702 of title 49, 

4 United States Code. 

5 SEC. 2242. WORKFORCE STUDY. 

6 (a) WORKFORCE STUDY.—Not later than 90 days after 

7 the date of enactment of this Act, the Comptroller General 

8 of the United States shall conduct a study to assess the 

9 workforce and training needs of the Office of Aviation Safe10 ty of the Federal Aviation Administration and take into 

11 consideration how those needs could be met. 

12 (b) CONTENTS.—The study under subsection (a) shall 

13 include— 

14 (1) a review of the current staffing levels and re15 quirements for hiring and training, including recur16 rent training, of aviation safety inspectors and avia17 tion safety engineers; 

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 cur21 rent and future projected aviation safety regulatory 

22 environment, including an analysis of the need for a 

23 systems engineering discipline within the Federal 

24 Aviation Administration to guide the engineering of 

25 complex systems, with an emphasis on auditing an 
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1 ODA holder (as defined in section 44736(c) of title 

2 49, United States Code); 

3 (3) a review of current performance incentive 

4 policies of the Federal Aviation Administration, as 

5 applied to the Office of Aviation Safety, including 

6 awards for performance; 

7 (4) an analysis of ways the Federal Aviation Ad8 ministration can work with the aviation industry 

9 and FAA labor force to establish knowledge-sharing 

10 opportunities between the Federal Aviation Adminis11 tration and the aviation industry in new technologies, 

12 best practices, and other areas that could improve the 

13 aviation safety regulatory system; and 

14 (5) recommendations on the best and most cost15 effective approaches to address the needs of the current 

16 and future projected aviation safety regulatory sys17 tem, including qualifications, training programs, and 

18 performance incentives for relevant agency personnel. 

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

20 of enactment of this Act, the Comptroller General shall sub21 mit to the appropriate committees of Congress a report on 

22 the results of the study required under subsection (a). 
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1 PART V—INTERNATIONAL AVIATION 

2 SEC. 2251. PROMOTION OF UNITED STATES AEROSPACE 

3 STANDARDS, PRODUCTS, AND SERVICES 

4 ABROAD. 

5 Section 40104 is amended by adding at the end the 

6 following: 

7 ‘‘(d) PROMOTION OF UNITED STATES AEROSPACE

8 STANDARDS, PRODUCTS, AND SERVICES ABROAD.—The 

9 Secretary shall take appropriate actions— 

10 ‘‘(1) to promote United States aerospace-related 

11 safety standards abroad; 

12 ‘‘(2) to facilitate and vigorously defend approv13 als of United States aerospace products and services 

14 abroad; 

15 ‘‘(3) with respect to bilateral partners, to use bi16 lateral safety agreements and other mechanisms to 

17 improve validation of United States type certificated 

18 aeronautical products and services and enhance mu19 tual acceptance in order to eliminate redundancies 

20 and unnecessary costs; and 

21 ‘‘(4) with respect to the aeronautical safety au22 thorities of a foreign country, to streamline that coun23 try’s validation of United States aerospace standards, 

24 products, and services.’’. 
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1 SEC. 2252. BILATERAL EXCHANGES OF SAFETY OVERSIGHT 

2 RESPONSIBILITIES. 

3 Section 44701(e) is amended by adding at the end the 

4 following: 

5 ‘‘(5) FOREIGN AIRWORTHINESS DIRECTIVES.— 

6 ‘‘(A) ACCEPTANCE.—The Administrator 

7 shall accept an airworthiness directive (as de8 fined in section 39.3 of title 14, Code of Federal 

9 Regulations) issued by an aeronautical safety 

10 authority of a foreign country, and leverage that 

11 aeronautical safety authority’s regulatory proc12 ess, if— 

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

14 for the product that is the subject of the air15 worthiness directive; 

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

17 safety agreement relating to aircraft certifi18 cation with the country; 

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

20 agreement with the country, the Adminis21 trator has determined that the aeronautical 

22 safety authority has an aircraft certifi23 cation system relating to safety that pro24 duces a level of safety equivalent to the level 

25 produced by the system of the Federal Avia26 tion Administration; and 
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1 ‘‘(iv) the aeronautical safety authority 

2 utilizes an open and transparent public no3 tice and comment process in the issuance of 

4 airworthiness directives. 

5 ‘‘(B) ALTERNATIVE APPROVAL PROCESS.— 

6 Notwithstanding subparagraph (A), the Admin7 istrator may issue a Federal Aviation Adminis8 tration airworthiness directive instead of accept9 ing the airworthiness directive issued by the 

10 aeronautical safety authority of a foreign coun11 try if the Administrator determines that such 

12 issuance is necessary for safety or operational 

13 reasons due to the complexity or unique features 

14 of the Federal Aviation Administration air15 worthiness directive or the United States avia16 tion 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 under subparagraph (A), that 

22 was approved by the aeronautical safety au23 thority of the foreign country that issued the 

24 airworthiness directive; or 
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1 ‘‘(ii) notwithstanding subparagraph 

2 (A), and at the request of any person af3 fected by an airworthiness directive under 

4 that subparagraph, the Administrator may 

5 approve an alternative means of compliance 

6 with respect to the airworthiness directive.’’. 

7 SEC. 2253. FAA LEADERSHIP ABROAD. 

8 (a) IN GENERAL.—To promote United States aero9 space safety standards, reduce redundant regulatory activ10 ity, and facilitate acceptance of FAA design and production 

11 approvals abroad, the Administrator shall— 

12 (1) attain greater expertise in issues related to 

13 dispute resolution, intellectual property, and export 

14 control laws to better support FAA certification and 

15 other aerospace regulatory activities abroad; 

16 (2) work with United States companies to more 

17 accurately track the amount of time it takes foreign 

18 authorities, including bilateral partners, to validate 

19 United States type certificated aeronautical products; 

20 (3) provide assistance to United States compa21 nies who have experienced significantly long foreign 

22 validation wait times; 

23 (4) work with foreign authorities, including bi24 lateral partners, to collect and analyze data to deter25 mine the timeliness of the acceptance and validation 
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1 of FAA design and production approvals by foreign 

2 authorities and the acceptance and validation of for3 eign-certified products by the FAA; 

4 (5) establish appropriate benchmarks and 

5 metrics to measure the success of bilateral aviation 

6 safety agreements and to reduce the validation time 

7 for United States type certificated aeronautical prod8 ucts abroad; and 

9 (6) work with foreign authorities, including bi10 lateral partners, to improve the timeliness of the ac11 ceptance and validation of FAA design and produc12 tion approvals by foreign authorities and the accept13 ance and validation of foreign-certified products by 

14 the FAA. 

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

16 enactment of this Act, the Administrator shall submit to 

17 the appropriate committees of Congress a report that— 

18 (1) describes the Administrator’s strategic plan 

19 for international engagement; 

20 (2) describes the structure and responsibilities of 

21 all FAA offices that have international responsibil22 ities, including the Aircraft Certification Office, and 

23 all the activities conducted by those offices related to 

24 certification and production; 
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1 (3) describes current and forecasted staffing and 

2 travel needs for the FAA’s international engagement 

3 activities, including the needs of the Aircraft Certifi4 cation Office in the current and forecasted budgetary 

5 environment; 

6 (4) provides recommendations, if appropriate, to 

7 improve the existing structure and personnel and 

8 travel policies supporting the FAA’s international en9 gagement activities, including the activities of the 

10 Aviation Certification Office, to better support the 

11 growth of United States aerospace exports; and 

12 (5) identifies policy initiatives, regulatory ini13 tiatives, or cost-effective legislative initiatives needed 

14 to improve and enhance the timely acceptance of 

15 United States aerospace products abroad. 

16 (c) INTERNATIONAL TRAVEL.—The Administrator of 

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

18 international travel for any FAA employee, without the ap19 proval of any other person or entity, if the Administrator 

20 determines that the travel is necessary— 

21 (1) to promote United States aerospace safety 

22 standards; or 

23 (2) to support expedited acceptance of FAA de24 sign and production approvals. 
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1 SEC. 2254. REGISTRATION, CERTIFICATION, AND RELATED 

2 FEES. 

3 Section 45305 is amended— 

4 (1) in subsection (a) by striking ‘‘Subject to sub5 section (b)’’ and inserting ‘‘Subject to subsection (c)’’; 

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

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

8 (3) by inserting after subsection (a) the fol9 lowing: 

10 ‘‘(b) CERTIFICATION SERVICES.—Subject to subsection 

11 (c), and notwithstanding section 45301(a), the Adminis12 trator may establish and collect a fee from a foreign govern13 ment or entity for services related to certification, regardless 

14 of where the services are provided, if the fee— 

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

16 consistent with aviation safety agreements; and 

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

18 services.’’. 

19 Subtitle C—Airline Passenger 

20 Safety and Protections 

21 SEC. 2301. PILOT RECORDS DATABASE DEADLINE. 

22 Section 44703(i)(2) is amended by striking ‘‘The Ad23 ministrator shall establish’’ and inserting ‘‘Not later than 

24 April 30, 2017, the Administrator shall establish and make 

25 available for use’’. 
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1 SEC. 2302. ACCESS TO AIR CARRIER FLIGHT DECKS. 

2 The Administrator of the Federal Aviation Adminis3 tration shall collaborate with other aviation authorities to 

4 advance a global standard for access to air carrier flight 

5 decks and redundancy requirements consistent with the 

6 flight deck access and redundancy requirements in the 

7 United States. 

8 SEC. 2303. AIRCRAFT TRACKING AND FLIGHT DATA. 

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

10 of enactment of this Act, the Administrator of the Federal 

11 Aviation Administration shall assess current performance 

12 standards, and as appropriate, conduct a rulemaking to re13 vise the standards to improve near-term and long-term air14 craft tracking and flight data recovery, including retrieval, 

15 access, and protection of such data after an incident or acci16 dent. 

17 (b) CONSIDERATIONS.—In revising the performance 

18 standards under subsection (a), the Administrator may con19 sider— 

20 (1) various methods for improving detection and 

21 retrieval of flight data, including— 

22 (A) low frequency underwater locating de23 vices; and 

24 (B) extended battery life for underwater lo25 cating devices; 

26 (2) automatic deployable flight recorders; 
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1 (3) triggered transmission of flight data, and 

2 other satellite-based solutions; 

3 (4) distress-mode tracking; and 

4 (5) protections against disabling flight recorder 

5 systems. 

6 (c) COORDINATION.—If the performance standards 

7 under subsection (a) are revised, the Administrator shall 

8 coordinate with international regulatory authorities and 

9 the International Civil Aviation Organization to ensure 

10 that any new international standard for aircraft tracking 

11 and flight data recovery is consistent with a performance12 based approach and is implemented in a globally har13 monized manner. 

14 SEC. 2304. AUTOMATION RELIANCE IMPROVEMENTS. 

15 (a) MODERNIZATION OF TRAINING.—Not later than 

16 October 1, 2017, the Administrator of the Federal Aviation 

17 Administration shall review, and update as necessary, re18 cent guidance regarding pilot flight deck monitoring that 

19 an air carrier can use to train and evaluate its pilots to 

20 ensure that air carrier pilots are trained to use and monitor 

21 automation systems while also maintaining proficiency in 

22 manual flight operations consistent with the final rule enti23 tled, ‘‘Qualification, Service, and Use of Crewmembers and 

24 Aircraft Dispatchers’’, published on November 12, 2013 (78 

25 Fed. Reg. 67799). 
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1 (b) CONSIDERATIONS.—In reviewing and updating the 

2 guidance, the Administrator shall— 

3 (1) consider casualty driven scenarios during 

4 initial and recurrent simulator instruction that focus 

5 on automation complacency during system failure, 

6 including flight segments when automation is typi7 cally engaged and should result in hand flying the 

8 aircraft into a safe position while employing crew re9 source management principles; 

10 (2) consider the development of metrics or meas11 urable tasks an air carrier may use to evaluate the 

12 ability of pilots to appropriately monitor flight deck 

13 systems; 

14 (3) consider the development of metrics an air 

15 carrier may use to evaluate manual flying skills and 

16 improve related training; 

17 (4) convene an expert panel, including members 

18 with expertise in human factors, training, and flight 

19 operations— 

20 (A) to evaluate and develop methods for 

21 training flight crews to understand the 

22 functionality of automated systems for flight 

23 path management; 

24 (B) to identify and recommend to the Ad25 ministrator the most effective training methods 
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1 that ensure that pilots can apply manual flying 

2 skills in the event of flight deck automation fail3 ure or an unexpected event; and 

4 (C) to identify and recommend to the Ad5 ministrator revision in the training guidance for 

6 flight crews to address the needs identified in 

7 subparagraphs (A) and (B); and 

8 (5) develop any additional standards to be used 

9 for guidance the Administrator considers necessary to 

10 determine whether air carrier pilots receive sufficient 

11 training opportunities to develop, maintain, and 

12 demonstrate manual flying skills. 

13 (c) DOT IG REVIEW.—Not later than 2 years after 

14 the date the Administrator reviews the guidance under sub15 section (a), the Inspector General of the Department of 

16 Transportation shall review the air carriers implementa17 tion of the guidance and the ongoing work of the expert 

18 panel. 

19 SEC. 2305. ENHANCED MENTAL HEALTH SCREENING FOR 

20 PILOTS. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Administrator of the Federal Aviation Ad23 ministration shall consider the recommendations of the 

24 Pilot Fitness Aviation Rulemaking Committee in deter25 mining whether to implement, as part of a comprehensive 
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1 medical certification process for pilots with a first- or sec2 ond-class airman medical certificate, additional screening 

3 for mental health conditions, including depression and sui4 cidal thoughts or tendencies, and assess treatments that 

5 would address any risk associated with such conditions. 

6 SEC. 2306. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS 

7 AND REST REQUIREMENTS. 

8 (a) MODIFICATION OF FINAL RULE.—Not later than 

9 1 year after the date of enactment of this Act, the Adminis10 trator of the Federal Aviation Administration shall revise 

11 the flight attendant duty period limitations and rest re12 quirements under section 121.467 of title 14, Code of Fed13 eral Regulations. 

14 (b) CONTENTS.—Except as provided in subsection (c), 

15 in revising the rule under subsection (a), the Administrator 

16 shall ensure that a flight attendant scheduled to a duty pe17 riod of 14 hours or less is given a scheduled rest period 

18 of at least 10 consecutive hours. 

19 (c) EXCEPTION.—The rest period required under sub20 section (b) may be scheduled or reduced to 9 consecutive 

21 hours if the flight attendant is provided a subsequent rest 

22 period of at least 11 consecutive hours. 

23 (d) FATIGUE RISK MANAGEMENT PLAN.— 

24 (1) SUBMISSION OF PLAN BY PART 121 AIR CAR25 RIERS.—Not later than 90 days after the date of en-
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1 actment of this Act, each air carrier operating under 

2 part 121 of title 13, Code of Federal Regulations (re3 ferred to in this subsection as a ‘‘part 121 air car4 rier’’), shall submit a fatigue risk management plan 

5 for the carrier’s flight attendants to the Administrator 

6 for review and acceptance. 

7 (2) CONTENTS OF PLAN.—Each fatigue risk 

8 management plan submitted under paragraph (1) 

9 shall include— 

10 (A) current flight time and duty period 

11 limitations; 

12 (B) a rest scheme that is consistent with 

13 such limitations and enables the management of 

14 flight attendant fatigue, including annual train15 ing to increase awareness of— 

16 (i) fatigue; 

17 (ii) the effects of fatigue on flight at18 tendants; and 

19 (iii) fatigue countermeasures; and 

20 (C) the development and use of methodology 

21 that continually assesses the effectiveness of im22 plementation of the plan, including the ability of 

23 the plan— 

24 (i) to improve alertness; and 

25 (ii) to mitigate performance errors. 
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1 (3) REVIEW.—Not later than 1 year after the 

2 date of enactment of this Act, the Administrator 

3 shall— 

4 (A) review each fatigue risk management 

5 plan submitted under this subsection; and 

6 (B)(i) accept the plan; or 

7 (ii) reject the plan and provide the part 121 

8 air carrier with suggested modifications to be in9 cluded when the plan is resubmitted. 

10 (4) PLAN UPDATES.— 

11 (A) IN GENERAL.—Not less frequently than 

12 once every 2 years, each part 121 air carrier 

13 shall— 

14 (i) update the fatigue risk management 

15 plan submitted under paragraph (1); and 

16 (ii) submit the updated plan to the Ad17 ministrator for review and acceptance. 

18 (B) REVIEW.—Not later than 1 year after 

19 the date on which an updated plan is submitted 

20 under subparagraph (A)(ii), the Administrator 

21 shall— 

22 (i) review the updated plan; and 

23 (ii)(I) accept the updated plan; or 

24 (II) reject the updated plan and pro25 vide the part 121 air carrier with suggested 
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1 modifications to be included when the up2 dated plan is resubmitted. 

3 (5) COMPLIANCE.—Each part 121 air carrier 

4 shall comply with its fatigue risk management plan 

5 after the plan is accepted by the Administrator under 

6 this subsection. 

7 (6) CIVIL PENALTIES.—A violation of this sub8 section by a part 121 air carrier shall be treated as 

9 a violation of chapter 447 of title 49, United States 

10 Code, for the purpose of applying civil penalties 

11 under chapter 463 of such title. 

12 SEC. 2307. TRAINING TO COMBAT HUMAN TRAFFICKING 

13 FOR CERTAIN AIR CARRIER EMPLOYEES. 

14 (a) IN GENERAL.—Subchapter I of chapter 417 is 

15 amended by adding at the end the following: 

16 ‘‘§ 41725. Training to combat human trafficking 

17 ‘‘(a) IN GENERAL.—Each air carrier providing pas18 senger air transportation shall provide flight attendants 

19 who are employees or contractors of the air carrier with 

20 training to combat human trafficking in the course of car21 rying out their duties as employees or contractors of the 

22 air carrier. 

23 ‘‘(b) ELEMENTS OF TRAINING.—The training an air 

24 carrier is required to provide under subsection (a) to flight 

25 attendants shall include training with respect to— 
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1 ‘‘(1) common indicators of human trafficking; 

2 and 

3 ‘‘(2) best practices for reporting suspected human 

4 trafficking to law enforcement officers. 

5 ‘‘(c) MATERIALS.—An air carrier may provide the 

6 training required by subsection (a) using modules and ma7 terials developed by the Department of Transportation and 

8 the Department of Homeland Security, including the train9 ing module and associated materials of the Blue Lightning 

10 Initiative and modules and materials subsequently devel11 oped and recommended by such Departments with respect 

12 to combating human trafficking. 

13 ‘‘(d) INTERAGENCY COORDINATION.—The Adminis14 trator of the Federal Aviation Administration shall coordi15 nate with the Secretary of Homeland Security to ensure 

16 that appropriate training modules and materials are avail17 able for air carriers to conduct the training required by 

18 subsection (a). 

19 ‘‘(e) HUMAN TRAFFICKING DEFINED.—In this section, 

20 the term ‘human trafficking’ means 1 or more severe forms 

21 of trafficking in persons (as defined in section 103 of the 

22 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

23 7102)).’’. 
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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 for chapter 417 is amended by inserting after the item relat3 ing to section 41724 the following: 

‘‘41725. Training to combat human trafficking.’’. 

4 (c) REPORT REQUIRED.—Not later than 1 year after 

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

6 Federal Aviation Administration shall submit to the appro7 priate committees of Congress a report that includes— 

8 (1) an assessment of the status of compliance of 

9 air carriers with section 41725 of title 49, United 

10 States Code, as added by subsection (a); and 

11 (2) in collaboration with the Attorney General 

12 and the Secretary of Homeland Security, rec13 ommendations for improving the identification and 

14 reporting of human trafficking by air carrier per15 sonnel while protecting the civil liberties of pas16 sengers. 

17 (d) IMMUNITY FOR REPORTING HUMAN TRAF18 FICKING.—Section 44941(a) is amended by striking ‘‘or ter19 rorism, as defined by section 3077 of title 18, United States 

20 Code,’’ and inserting ‘‘human trafficking (as defined by sec21 tion 41725), or terrorism (as defined by section 3077 of title 

22 18)’’. 

23 SEC. 2308. REPORT ON OBSOLETE TEST EQUIPMENT. 

24 (a) REPORT.—Not later than 180 days after the date 

25 of enactment of this Act, the Administrator of the Federal 
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1 Aviation Administration shall submit to the appropriate 

2 committees of Congress a report on the National Test 

3 Equipment Program (referred to in this section as the ‘‘Pro4 gram’’). 

5 (b) CONTENTS.—The report shall include— 

6 (1) a list of all known outstanding requests for 

7 test equipment, cataloged by type and location, under 

8 the Program; 

9 (2) a description of the current method under the 

10 Program of ensuring calibrated equipment is in place 

11 for utilization; 

12 (3) a plan by the Administrator for appropriate 

13 inventory of such equipment; and 

14 (4) the Administrator’s recommendations for in15 creasing multifunctionality in future test equipment 

16 to be developed and all known and foreseeable manu17 facturer technological advances. 

18 SEC. 2309. PLAN FOR SYSTEMS TO PROVIDE DIRECT WARN19 INGS OF POTENTIAL RUNWAY INCURSIONS. 

20 (a) IN GENERAL.—Not later than June 30, 2016, the 

21 Administrator of the Federal Aviation Administration 

22 shall— 

23 (1) assess available technologies to determine 

24 whether it is feasible, cost-effective, and appropriate 

25 to install and deploy, at any airport, systems to pro-
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1 vide a direct warning capability to flight crews and 

2 air traffic controllers of potential runway incursions; 

3 and 

4 (2) submit to the appropriate committees of Con5 gress a report on the assessment under paragraph (1), 

6 including any recommendations. 

7 (b) CONSIDERATIONS.—In conducting the assessment 

8 under subsection (a), the Administration shall consider Na9 tional Transportation Safety Board findings and relevant 

10 aviation stakeholder views relating to runway incursions. 

11 SEC. 2310. LASER POINTER INCIDENTS. 

12 (a) IN GENERAL.—Beginning 90 days after the date 

13 of enactment of this Act, the Administrator of the Federal 

14 Aviation Administration, in coordination with the Director 

15 of the Federal Bureau of Investigation, shall provide quar16 terly updates to the appropriate committees of Congress re17 garding— 

18 (1) the number of incidents involving the beam 

19 from a laser pointer (as defined in section 39A of title 

20 18, United States Code) being aimed at, or in the 

21 flight path of, an aircraft in the airspace jurisdiction 

22 of the United States; 

23 (2) the number of civil or criminal enforcement 

24 actions taken by the Federal Aviation Administra25 tion, Department of Transportation, or Department 
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1 of Justice with regard to the incidents described in 

2 paragraph (1), including the amount of the civil or 

3 criminal penalties imposed on violators; 

4 (3) the resolution of any incidents that did not 

5 result in a civil or criminal enforcement action; and 

6 (4) any actions the Department of Transpor7 tation or Department of Justice has taken on its own, 

8 or in conjunction with other Federal agencies or local 

9 law enforcement agencies, to deter the type of activity 

10 described in paragraph (1). 

11 (b) CIVIL PENALTIES.—The Administrator shall revise 

12 the maximum civil penalty that may be imposed on an in13 dividual who aims the beam of a laser pointer at an air14 craft in the airspace jurisdiction of the United States, or 

15 at the flight path of such an aircraft, to be $25,000. 

16 SEC. 2311. HELICOPTER AIR AMBULANCE OPERATIONS 

17 DATA AND REPORTS. 

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

19 of enactment of this Act, the Administrator of the Federal 

20 Aviation Administration, in collaboration with helicopter 

21 air ambulance industry stakeholders, shall assess the avail22 ability of information to the general public related to the 

23 location of heliports and helipads used by helicopters pro24 viding air ambulance services, including helipads and 
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1 helipads outside of those listed as part of any existing data2 bases of Airport Master Record (5010) forms. 

3 (b) REQUIREMENTS.—Based on the assessment under 

4 subsection (a), the Administrator shall— 

5 (1) update, as necessary, any existing guidance 

6 on what information is included in the current data7 bases of Airport Master Record (5010) forms to in8 clude information related to heliports and helipads 

9 used by helicopters providing air ambulance services; 

10 or 

11 (2) develop, as appropriate and in collaboration 

12 with helicopter air ambulance industry stakeholders, 

13 a new database of heliports and helipads used by heli14 copters providing air ambulance services. 

15 (c) REPORTS.— 

16 (1) ASSESSMENT.—Not later than 30 days after 

17 the date the assessment under subsection (a) is com18 plete, the Administrator shall submit to the appro19 priate committees of Congress a report on the assess20 ment, including any recommendations on how to 

21 make information related to the location of heliports 

22 and helipads used by helicopters providing air ambu23 lance services available to the general public. 

24 (2) IMPLEMENTATION.—Not later than 30 days 

25 after completing action under paragraph (1) or para-
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1 graph (2) of subsection (b), the Administrator shall 

2 submit to the appropriate committees of Congress a 

3 report on the implementation of that action. 

4 (d) INCIDENT AND ACCIDENT DATA.—Section 44731 

5 is amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph (1), 

8 by striking ‘‘not later than 1 year after the date 

9 of enactment of this section, and annually there10 after’’ and inserting ‘‘annually’’; 

11 (B) in paragraph (2), by striking ‘‘flights 

12 and hours flown, by registration number, during 

13 which helicopters operated by the certificate hold14 er were providing helicopter air ambulance serv15 ices’’ and inserting ‘‘hours flown by the heli16 copters operated by the certificate holder’’; 

17 (C) in paragraph (3)— 

18 (i) by striking ‘‘of flight’’ and inserting 

19 ‘‘of patients transported and the number of 

20 patient transport’’; 

21 (ii) by inserting ‘‘or’’ after ‘‘inter22 facility transport,’’; and 

23 (iii) by striking ‘‘, or ferry or repo24 sitioning flight’’; 

25 (D) in paragraph (5)— 
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1 (i) by striking ‘‘flights and’’; and 

2 (ii) by striking ‘‘while providing air 

3 ambulance services’’; and 

4 (E) by amending paragraph (6) to read as 

5 follows: 

6 ‘‘(6) The number of hours flown at night by heli7 copters operated by the certificate holder.’’; 

8 (2) in subsection (d)— 

9 (A) by striking ‘‘Not later than 2 years 

10 after the date of enactment of this section, and 

11 annually thereafter, the Administrator shall sub12 mit’’ and inserting ‘‘The Administrator shall 

13 submit annually’’; and 

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

15 ‘‘The report shall include the number of acci16 dents experienced by helicopter air ambulance 

17 operations, the number of fatal accidents experi18 enced by helicopter air ambulance operations, 

19 and the rate, per 100,000 flight hours, of acci20 dents and fatal accidents experienced by opera21 tors providing helicopter air ambulance serv22 ices.’’; 

23 (3) by redesignating subsection (e) as subsection 

24 (f); and 
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1 (4) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) IMPLEMENTATION.—In carrying out this section, 

4 the Administrator, in collaboration with part 135 certifi5 cate holders providing helicopter air ambulance services, 

6 shall— 

7 ‘‘(1) propose and develop a method to collect and 

8 store the data submitted under subsection (a), includ9 ing a method to protect the confidentiality of any 

10 trade secret or proprietary information submitted; 

11 and 

12 ‘‘(2) ensure that the database under subsection 

13 (c) and the report under subsection (d) include data 

14 and analysis that will best inform efforts to improve 

15 the safety of helicopter air ambulance operations.’’. 

16 SEC. 2312. PART 135 ACCIDENT AND INCIDENT DATA. 

17 Not later than 1 year after the date of enactment of 

18 this Act, the Administrator of the Federal Aviation Admin19 istration shall— 

20 (1) determine, in collaboration with the National 

21 Transportation Safety Board and Part 135 industry 

22 stakeholders, what, if any, additional data should be 

23 reported as part of an accident or incident notice to 

24 more accurately measure the safety of on-demand 

25 Part 135 aircraft activity, to pinpoint safety prob-
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1 lems, and to form the basis for critical research and 

2 analysis of general aviation issues; and 

3 (2) submit to the appropriate committees of Con4 gress a report on the findings under paragraph (1), 

5 including a description of the additional data to be 

6 collected, a timeframe for implementing the addi7 tional data collection, and any potential obstacles to 

8 implementation. 

9 SEC. 2313. DEFINITION OF HUMAN FACTORS. 

10 Section 40102(a), as amended by section 2140 of this 

11 Act, is further amended— 

12 (1) by redesignating paragraphs (24) through 

13 (47) as paragraphs (25) through (48), respectively; 

14 and 

15 (2) by inserting after paragraph (23) the fol16 lowing: 

17 ‘‘(24) ‘human factors’ means a multidisciplinary 

18 field that generates and compiles information about 

19 human capabilities and limitations and applies it to 

20 design, development, and evaluation of equipment, 

21 systems, facilities, procedures, jobs, environments, 

22 staffing, organizations, and personnel management 

23 for safe, efficient, and effective human performance, 

24 including people’s use of technology.’’. 
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1 SEC. 2314. SENSE OF CONGRESS; PILOT IN COMMAND AU2 THORITY. 

3 It is the sense of Congress that the pilot in command 

4 of an aircraft is directly responsible for, and is the final 

5 authority as to, the operation of that aircraft, as set forth 

6 in section 91.3(a) of title 14, Code of Federal Regulations 

7 (or any successor regulation thereto). 

8 SEC. 2315. ENHANCING ASIAS. 

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

10 of enactment of this Act, the Administrator of the Federal 

11 Aviation Administration, in consultation with relevant 

12 aviation industry stakeholders, shall assess what, if any, 

13 improvements are needed to develop the predictive capa14 bility of the Aviation Safety Information Analysis and 

15 Sharing program (referred to in this section as ‘‘ASIAS’’) 

16 with regard to identifying precursors to accidents. 

17 (b) CONTENTS.—In conducting the assessment under 

18 subsection (a), the Administrator shall— 

19 (1) determine what actions are necessary— 

20 (A) to improve data quality and standard21 ization; and 

22 (B) to increase the data received from addi23 tional segments of the aviation industry, such as 

24 small airplane, helicopter, and business jet oper25 ations; 
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1 (2) consider how to prioritize the actions de2 scribed in paragraph (1); and 

3 (3) review available methods for disseminating 

4 safety trend data from ASIAS to the aviation safety 

5 community, including the inspector workforce, to in6 form in their risk-based decision making efforts. 

7 (c) REPORT.—Not later than 60 days after the date 

8 the assessment under subsection (a) is complete, the Admin9 istrator shall submit to the appropriate committees of Con10 gress a report on the assessment, including recommenda11 tions regarding paragraphs (1) through (3) of subsection 

12 (b). 

13 SEC. 2316. IMPROVING RUNWAY SAFETY. 

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

15 Aviation Administration shall expedite the development of 

16 metrics— 

17 (1) to allow the Federal Aviation Administration 

18 to determine whether runway incursions are increas19 ing; and 

20 (2) to assess the effectiveness of implemented run21 way safety initiatives. 

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

23 enactment of this Act, the Administrator shall submit to 

24 the appropriate committees of Congress a report on the 
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1 progress in developing the metrics described in subsection 

2 (a). 

3 SEC. 2317. SAFE AIR TRANSPORTATION OF LITHIUM CELLS 

4 AND BATTERIES. 

5 (a) RESTRICTIONS ON TRANSPORTATION OF LITHIUM

6 BATTERIES ON AIRCRAFT.— 

7 (1) ADOPTION OF ICAO INSTRUCTIONS.— 

8 (A) IN GENERAL.—Pursuant to section 828 

9 of the FAA Modernization and Reform Act of 

10 2012 (49 U.S.C. 44701 note), not later than 90 

11 days after the date of enactment of this Act, the 

12 Secretary of the Department of Transportation 

13 shall conform United States regulations on the 

14 air transport of lithium cells and batteries with 

15 the lithium cells and battery requirements in the 

16 2015–2016 edition of the International Civil 

17 Aviation Organization’s (referred to in this sub18 section as ‘‘ICAO’’) Technical Instructions (to 

19 include all addenda) including the revised stand20 ards adopted by ICAO which became effective on 

21 April 1, 2016. 

22 (B) FURTHER PROCEEDINGS.—Beginning 

23 on the date the revised regulations under sub24 paragraph (A) are published in the Federal Reg25 ister, any lithium cell and battery rulemaking 
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1 action or update commenced on or after that 

2 date shall continue to comply with the require3 ments under section 828 of the FAA Moderniza4 tion and Reform Act of 2012 (49 U.S.C. 44701 

5 note). 

6 (2) REVIEW OF OTHER REGULATIONS.—Pursu7 ant to section 828 of the FAA Modernization and Re8 form Act of 2012 (49 U.S.C. 44701 note), the Sec9 retary of Transportation may initiate a review of 

10 other existing regulations regarding the air transpor11 tation, including passenger-carrying and cargo air12 craft, of lithium batteries and cells. 

13 (3) MEDICAL DEVICE BATTERIES.— 

14 (A) IN GENERAL.—For United States appli15 cants, the Secretary of Transportation shall con16 sider and either grant or deny, within 45 days, 

17 applications submitted in compliance with part 

18 107 of title 49, Code of Federal Regulations for 

19 special permits or approvals for air transpor20 tation of lithium ion cells or batteries specifi21 cally used by medical devices. Not later than 30 

22 days after the date of application, the Pipeline 

23 and Hazardous Materials Safety Administration 

24 shall provide a draft special permit based on the 

25 application to the Federal Aviation Administra-
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1 tion. The Federal Aviation Administration shall 

2 conduct an on-site inspection for issuance of the 

3 special permit not later than 10 days after the 

4 date of receipt of the draft special permit from 

5 the Pipeline and Hazardous Materials Safety 

6 Administration. 

7 (B) DEFINITION OF MEDICAL DEVICE.—In 

8 this paragraph, the term ‘‘medical device’’ has 

9 the meaning given the term ‘‘device’’ in section 

10 201 of the Federal Food, Drug, and Cosmetic Act 

11 (21 U.S.C. 321). 

12 (4) SAVINGS CLAUSE.—Nothing in this section 

13 shall be construed as expanding or constricting any 

14 other authority the Secretary of Transportation has 

15 under section 828 of the FAA Modernization and Re16 form Act of 2012 (49 U.S.C. 44701 note). 

17 (b) LITHIUM BATTERY SAFETY WORKING GROUP.— 

18 Not later than 90 days after the date of enactment of this 

19 Act, the President shall establish a lithium battery safety 

20 working group to promote and coordinate efforts related to 

21 the promotion of the safe manufacture, use, and transpor22 tation of lithium batteries and cells. 

23 (1) COMPOSITION.— 
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1 (A) IN GENERAL.—The working group shall 

2 be composed of at least 1 representative from 

3 each of the following: 

4 (i) Consumer Product Safety Commis5 sion. 

6 (ii) Department of Transportation. 

7 (iii) National Institute on Standards 

8 and Technology. 

9 (iv) Food and Drug Administration. 

10 (B) ADDITIONAL MEMBERS.—The working 

11 group may include not more than 4 additional 

12 members with expertise in the safe manufacture, 

13 use, or transportation of lithium batteries and 

14 cells. 

15 (C) SUBCOMMITTEES.—The President, or 

16 members of the working group, may— 

17 (i) establish working group subcommit18 tees to focus on specific issues related to the 

19 safe manufacture, use, or transportation of 

20 lithium batteries and cells; and 

21 (ii) include in a subcommittee the par22 ticipation of nonmember stakeholders with 

23 expertise in areas that the President or 

24 members consider necessary. 
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1 (2) REPORT.—Not later than 1 year after the 

2 date it is established under subsection (b), the work3 ing group shall— 

4 (A) research— 

5 (i) additional ways to decrease the risk 

6 of fires and explosions from lithium bat7 teries and cells; 

8 (ii) additional ways to ensure uniform 

9 transportation requirements for both bulk 

10 and individual batteries; and 

11 (iii) new or existing technologies that 

12 could reduce the fire and explosion risk of 

13 lithium batteries and cells; and 

14 (B) transmit to the appropriate committees 

15 of Congress a report on the research under sub16 paragraph (A), including any legislative rec17 ommendations to effectuate the safety improve18 ments described in clauses (i) through (iii) of 

19 that subparagraph. 

20 (3) EXEMPTION FROM FACA.—The Federal Advi21 sory Committee Act (5 U.S.C. App.) shall not apply 

22 to the working group. 

23 (4) TERMINATION.—The working group, and any 

24 working group subcommittees, shall terminate 90 
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1 days after the date the report is transmitted under 

2 paragraph (2). 

3 SEC. 2318. PROHIBITION ON IMPLEMENTATION OF POLICY 

4 CHANGE TO PERMIT SMALL, NON-LOCKING 

5 KNIVES ON AIRCRAFT. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, on and after the date of enactment of this Act, 

8 the Secretary of Homeland Security may not implement 

9 any change to the prohibited items list of the Transpor10 tation Security Administration that would permit pas11 sengers to carry small, non-locking knives through pas12 senger screening checkpoints at airports, into sterile areas 

13 at airports, or on board passenger aircraft. 

14 (b) PROHIBITED ITEMS LIST DEFINED.—In this sec15 tion, the term ‘‘prohibited items list’’ means the list of items 

16 passengers are prohibited from carrying as accessible prop17 erty or on their persons through passenger screening check18 points at airports, into sterile areas at airports, and on 

19 board passenger aircraft pursuant to section 1540.111 of 

20 title 49, Code of Federal Regulations. 

21 SEC. 2319. AIRCRAFT CABIN EVACUATION PROCEDURES. 

22 (a) REVIEW.—The Administrator of the Federal Avia23 tion Administration shall review— 

24 (1) evacuation certification of transport-category 

25 aircraft used in air transportation, with regard to— 
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1 (A) emergency conditions, including im2 pacts into water; 

3 (B) crew procedures used for evacuations 

4 under actual emergency conditions; 

5 (C) any relevant changes to passenger de6 mographics and legal requirements, including 

7 the Americans with Disabilities Act of 1990 (42 

8 U.S.C. 12101 et seq.), that affect emergency evac9 uations; and 

10 (D) any relevant changes to passenger seat11 ing configurations, including changes to seat 

12 width, padding, reclining, size, pitch, leg room, 

13 and aisle width; and 

14 (2) recent accidents and incidents in which pas15 sengers evacuated such aircraft. 

16 (b) CONSULTATION; REVIEW OF DATA.—In conducting 

17 the review under subsection (a), the Administrator shall— 

18 (1) consult with the National Transportation 

19 Safety Board, transport-category aircraft manufac20 turers, air carriers, and other relevant experts and 

21 Federal agencies, including groups representing pas22 sengers, airline crew members, maintenance employ23 ees, and emergency responders; and 

24 (2) review relevant data with respect to evacu25 ation certification of transport-category aircraft. 
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1 (c) REPORT TO CONGRESS.—Not later than 1 year 

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

3 shall submit to the appropriate committees of Congress a 

4 report on the results of the review under subsection (a) and 

5 related recommendations, if any, including recommenda6 tions for revisions to the assumptions and methods used for 

7 assessing evacuation certification of transport-category air8 craft. 

9 SEC. 2320. GAO STUDY OF UNIVERSAL DEPLOYMENT OF AD10 VANCED IMAGING TECHNOLOGIES. 

11 (a) STUDY.—The Comptroller General of the United 

12 States shall conduct a study of the costs that would be in13 curred— 

14 (1) to redesign airport security areas to fully de15 ploy advanced imaging technologies at all commercial 

16 airports at which security screening operations are 

17 conducted by the Transportation Security Adminis18 tration or through the Screening Partnership Pro19 gram; and 

20 (2) to fully deploy advanced imaging tech21 nologies at all airports not described in paragraph 

22 (1). 

23 (b) COST ANALYSIS.—As a part of the study conducted 

24 under subsection (a), the Comptroller General shall identify 

25 the costs that would be incurred— 
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1 (1) to purchase the equipment and other assets 

2 necessary to deploy advanced imaging technologies at 

3 each airport; 

4 (2) to install such equipment and assets in each 

5 airport; and 

6 (3) to maintain such equipment and assets. 

7 (c) REPORT.—Not later than 6 months after the date 

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

9 submit the results of the study conducted under subsection 

10 (a) to the appropriate committees of Congress. 

11 Subtitle D—General Aviation Safety 

12 SEC. 2401. AUTOMATED WEATHER OBSERVING SYSTEMS 

13 POLICY. 

14 (a) IN GENERAL.—Not later than 2 years after the 

15 date of enactment of this Act, the Administrator of the Fed16 eral Aviation Administration shall— 

17 (1) update automated weather observing systems 

18 standards to maximize the use of new technologies 

19 that promote the reduction of equipment or mainte20 nance cost for non-Federal automated weather observ21 ing systems, including the use of remote monitoring 

22 and maintenance, unless demonstrated to be ineffec23 tive; 
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1 (2) review, and if necessary update, existing 

2 policies in accordance with the standards developed 

3 under paragraph (1); and 

4 (3) establish a process under which appropriate 

5 on site airport personnel or an aviation official may, 

6 with appropriate manufacturer training or alter7 native training as determined by the Administrator, 

8 be permitted to conduct the minimum tri-annual pre9 ventative maintenance checks under the advisory cir10 cular for non-Federal automated weather observing 

11 systems (AC 150/5220–16D). 

12 (b) PERMISSION.—Permission to conduct the min13 imum tri-annual preventative maintenance checks de14 scribed under subsection (a)(3) shall not be withheld but 

15 for specific cause. 

16 (c) STANDARDS.—In updating the standards under 

17 subsection (a)(1), the Administrator shall— 

18 (1) ensure the standards are performance-based; 

19 (2) use risk analysis to determine the accuracy 

20 of the automated weather observing systems outputs 

21 required for pilots to perform safe aircraft operations; 

22 and 

23 (3) provide a cost benefit analysis to determine 

24 whether the benefits outweigh the cost for any require25 ment not directly related to safety. 
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1 (d) REPORT.—Not later than September 30, 2017, the 

2 Administrator shall provide a report to the appropriate 

3 committees of Congress on the implementation of require4 ments under this section. 

5 SEC. 2402. TOWER MARKING. 

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

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

8 Aviation Administration shall issue regulations to require 

9 the marking of covered towers. 

10 (b) MARKING REQUIRED.—The regulations under sub11 section (a) shall require that a covered tower be clearly 

12 marked in a manner that is consistent with applicable 

13 guidance under the Federal Aviation Administration Advi14 sory Circular issued December 4, 2015 (AC 70/7460–1L) 

15 or other relevant safety guidance, as determined by the Ad16 ministrator. 

17 (c) APPLICATION.—The regulations issued under sub18 section (a) shall ensure that— 

19 (1) all covered towers constructed on or after the 

20 date on which such regulations take effect are marked 

21 in accordance with subsection (b); and 

22 (2) a covered tower constructed before the date on 

23 which such regulations take effect is marked in ac24 cordance with subsection (b) not later than 1 year 

25 after such effective date. 
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1 (d) DEFINITION OF COVERED TOWER.— 

2 (1) IN GENERAL.—In this section, the term ‘‘cov3 ered tower’’ means a structure that— 

4 (A) is self-standing or supported by guy 

5 wires and ground anchors; 

6 (B) is 10 feet or less in diameter at the 

7 above-ground base, excluding concrete footing; 

8 (C) at the highest point of the structure is 

9 at least 50 feet above ground level; 

10 (D) at the highest point of the structure is 

11 not more than 200 feet above ground level; 

12 (E) has accessory facilities on which an an13 tenna, sensor, camera, meteorological instrument, 

14 or other equipment is mounted; and 

15 (F) is located— 

16 (i) outside the boundaries of an incor17 porated city or town; or 

18 (ii) on land that is— 

19 (I) undeveloped; or 

20 (II) used for agricultural pur21 poses. 

22 (2) EXCLUSIONS.—The term ‘‘covered tower’’ 

23 does not include any structure that— 

24 (A) is adjacent to a house, barn, electric 

25 utility station, or other building; 
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1 (B) is within the curtilage of a farmstead; 

2 (C) supports electric utility transmission or 

3 distribution lines; 

4 (D) is a wind powered electrical generator 

5 with a rotor blade radius that exceeds 6 feet; or 

6 (E) is a street light erected or maintained 

7 by a Federal, State, local, or tribal entity. 

8 (e) DATABASE.—The Administrator shall— 

9 (1) develop a database that contains the location 

10 and height of each covered tower; 

11 (2) keep the database current to the extent prac12 ticable; 

13 (3) ensure that any proprietary information in 

14 the database is protected from disclosure in accord15 ance with law; and 

16 (4) ensure access to the database is limited to in17 dividuals, such as airmen, who require the informa18 tion for aviation safety purposes only. 

19 SEC. 2403. CRASH-RESISTANT FUEL SYSTEMS. 

20 Not later than 1 year after the date of enactment of 

21 this Act, the Administrator of the Federal Aviation Admin22 istration shall evaluate and update, as necessary, standards 

23 for crash-resistant fuel systems for civilian rotorcraft. 
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1 SEC. 2404. REQUIREMENT TO CONSULT WITH STAKE2 HOLDERS IN DEFINING SCOPE AND REQUIRE3 MENTS FOR FUTURE FLIGHT SERVICE PRO4 GRAM. 

5 Not later than 180 days after the date of enactment 

6 of this Act, the Administrator of the Federal Aviation Ad7 ministration shall consult with general aviation stake8 holders in defining the scope and requirements for any new 

9 Future Flight Service Program of the Administration to be 

10 used in a competitive source selection for the next flight 

11 service contract with the Administration. 

12 SEC. 2405. HEADS-UP GUIDANCE SYSTEM TECHNOLOGIES. 

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

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

15 Federal Aviation Administration shall initiate a review of 

16 heads-up guidance system displays (in this section referred 

17 to as ‘‘HGS’’). 

18 (b) CONTENTS.—The review required by subsection (a) 

19 shall— 

20 (1) evaluate the impacts of single- and dual-in21 stalled HGS technology on the safety and efficiency of 

22 aircraft operations within the national airspace sys23 tem; 

24 (2) review a sufficient quantity of commercial 

25 aviation accidents or incidents in order to evaluate if 
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1 HGS technology would have produced a better out2 come in that accident or incident; and 

3 (3) update previous HGS studies performed by 

4 the Flight Safety Foundation in 1991 and 2009. 

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

6 of the enactment of this Act, the Administrator shall submit 

7 to the appropriate committees of Congress a report con8 taining the results of the review required by subsection (a). 

9 Subtitle E—General Provisions 

10 SEC. 2501. DESIGNATED AGENCY SAFETY AND HEALTH OF11 FICER. 

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

13 at the end the following: 

14 ‘‘(u) DESIGNATED AGENCY SAFETY AND HEALTH OF15 FICER.— 

16 ‘‘(1) APPOINTMENT.—There shall be a Des17 ignated Agency Safety and Health Officer appointed 

18 by the Administrator who shall exclusively fulfill the 

19 duties prescribed in this subsection. 

20 ‘‘(2) RESPONSIBILITIES.—The Designated Agen21 cy Safety and Health Officer shall have responsibility 

22 and accountability for— 

23 ‘‘(A) auditing occupational safety and 

24 health issues across the Administration; 
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1 ‘‘(B) overseeing Administration-wide com2 pliance with relevant Federal occupational safety 

3 and health statutes and regulations, national in4 dustry and consensus standards, and Adminis5 tration policies; and 

6 ‘‘(C) encouraging a culture of occupational 

7 safety and health to complement the Administra8 tion’s existing safety culture. 

9 ‘‘(3) REPORTING STRUCTURE.—The Designated 

10 Agency Safety and Health Officer shall occupy a full11 time, senior executive position and shall report di12 rectly to the Assistant Administrator for Human Re13 source Management. 

14 ‘‘(4) QUALIFICATIONS AND REMOVAL.— 

15 ‘‘(A) QUALIFICATIONS.—The Designated 

16 Agency Safety and Health Officer shall have 

17 demonstrated ability and experience in the estab18 lishment and administration of comprehensive 

19 occupational safety and health programs and 

20 knowledge of relevant Federal occupational safety 

21 and health statutes and regulations, national in22 dustry and consensus standards, and Adminis23 tration policies. 
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1 ‘‘(B) REMOVAL.—The Designated Agency 

2 Safety and Health Officer shall serve at the 

3 pleasure of the Administrator.’’. 

4 (b) DEADLINE FOR APPOINTMENT.—Not later than 

5 180 days after the date of enactment of this Act, the Admin6 istrator of the Federal Aviation Administration shall ap7 point an individual to serve as the Designated Agency Safe8 ty and Health Officer under section 106(u) of title 49, 

9 United States Code. 

10 SEC. 2502. REPAIR STATIONS LOCATED OUTSIDE UNITED 

11 STATES. 

12 (a) RISK-BASED OVERSIGHT.—Section 44733 is 

13 amended— 

14 (1) by redesignating subsection (f) as subsection 

15 (g); 

16 (2) by inserting after subsection (e) the following: 

17 ‘‘(f) RISK-BASED OVERSIGHT.— 

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

19 the date of enactment of the Federal Aviation Admin20 istration Reauthorization Act of 2016, the Adminis21 trator shall take measures to ensure that the safety as22 sessment system established under subsection (a)— 

23 ‘‘(A) places particular consideration on in24 spections of part 145 repair stations located out25 side the United States that conduct scheduled 
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1 heavy maintenance work on part 121 air carrier 

2 aircraft; and 

3 ‘‘(B) accounts for the frequency and serious4 ness of any corrective actions that part 121 air 

5 carriers must implement to aircraft following 

6 such work at such repair stations. 

7 ‘‘(2) INTERNATIONAL AGREEMENTS.—The Ad8 ministrator shall take the measures required under 

9 paragraph (1)— 

10 ‘‘(A) in accordance with the United States 

11 obligations under applicable international agree12 ments; and 

13 ‘‘(B) in a manner consistent with the appli14 cable laws of the country in which a repair sta15 tion is located. 

16 ‘‘(3) ACCESS TO DATA.—The Administrator may 

17 access and review such information or data in the 

18 possession of a part 121 air carrier as the Adminis19 trator may require in carrying out paragraph 

20 (1)(B).’’; and 

21 (3) in subsection (g), as redesignated— 

22 (A) by redesignating paragraphs (1) and 

23 (2) as paragraphs (2) and (3), respectively; and 

24 (B) by inserting before paragraph (2), as 

25 redesignated, the following: 
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1 ‘‘(1) HEAVY MAINTENANCE WORK.—The term 

2 ‘heavy maintenance work’ means a C-check, a D3 check, or equivalent maintenance operation with re4 spect to the airframe of a transport-category air5 craft.’’. 

6 (b) ALCOHOL AND CONTROLLED SUBSTANCES TEST7 ING.—The Administrator of the Federal Aviation Adminis8 tration shall ensure that— 

9 (1) not later than 90 days after the date of en10 actment of this Act, a notice of proposed rulemaking 

11 required pursuant to section 44733(d)(2) of title 49, 

12 United States Code, is published in the Federal Reg13 ister; and 

14 (2) not later than 1 year after the date on which 

15 the notice of proposed rulemaking is published in the 

16 Federal Register, the rulemaking is finalized. 

17 (c) BACKGROUND INVESTIGATIONS.—Not later than 

18 180 days after the date of enactment of this Act, the Admin19 istrator of the Federal Aviation Administration shall ensure 

20 that each employee of a repair station certificated under 

21 part 145 of title 14, Code of Federal Regulations, who per22 forms a safety-sensitive function on an air carrier aircraft 

23 has undergone a preemployment background investigation 

24 sufficient to determine whether the individual presents a 

25 threat to aviation safety, in a manner that is— 
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1 (1) determined acceptable by the Administrator; 

2 (2) consistent with the applicable laws of the 

3 country in which the repair station is located; and 

4 (3) consistent with the United States obligations 

5 under international agreements. 

6 SEC. 2503. FAA TECHNICAL TRAINING. 

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

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

9 the Administrator of the Federal Aviation Administration, 

10 in collaboration with the exclusive bargaining representa11 tives of covered FAA personnel, shall establish an e-learning 

12 training pilot program in accordance with the requirements 

13 of this section. 

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

15 (1) include a recurrent training curriculum for 

16 covered FAA personnel to ensure that the covered FAA 

17 personnel receive instruction on the latest aviation 

18 technologies, processes, and procedures; 

19 (2) focus on providing specialized technical 

20 training for covered FAA personnel, as determined 

21 necessary by the Administrator; 

22 (3) include training courses on applicable regu23 lations of the Federal Aviation Administration; and 

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

25 training. 
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1 (c) PILOT PROGRAM TERMINATION.—The pilot pro2 gram shall terminate 1 year after the date of establishment 

3 of the pilot program. 

4 (d) E-LEARNING TRAINING PROGRAM.—Upon termi5 nation of the pilot program, the Administrator shall assess 

6 and establish or update an e-learning training program 

7 that incorporates lessons learned for covered FAA personnel 

8 as a result of the pilot program. 

9 (e) DEFINITIONS.—In this section: 

10 (1) COVERED FAA PERSONNEL.—The term ‘‘cov11 ered FAA personnel’’ means airway transportation 

12 systems specialists and aviation safety inspectors of 

13 the Federal Aviation Administration. 

14 (2) E-LEARNING TRAINING.—The term ‘‘e-learn15 ing training’’ means learning utilizing electronic 

16 technologies to access educational curriculum outside 

17 of a traditional classroom. 

18 SEC. 2504. SAFETY CRITICAL STAFFING. 

19 (a) AUDIT BY DOT INSPECTOR GENERAL.—Not later 

20 than 1 year after the date of enactment of this Act, the In21 spector General of the Department of Transportation shall 

22 conduct and complete an audit of the staffing model used 

23 by the Federal Aviation Administration to determine the 

24 number of aviation safety inspectors that are needed to ful-
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1 fill the mission of the Federal Aviation Administration and 

2 adequately ensure aviation safety. 

3 (b) CONTENTS.—The audit shall include, at a min4 imum— 

5 (1) a review of the staffing model and an anal6 ysis of how consistently the staffing model is applied 

7 throughout the Federal Aviation Administration’s 

8 aviation safety lines of business; 

9 (2) a review of the assumptions and methods 

10 used in devising and implementing the staffing model 

11 to assess the adequacy of the staffing model to predict 

12 the number of aviation safety inspectors needed to 

13 properly fulfill the mission of the Federal Aviation 

14 Administration and meet the future growth of the 

15 aviation industry; and 

16 (3) a determination on whether the current staff17 ing model takes into account the Federal Aviation 

18 Administration’s authority to fully utilize designees. 

19 (c) REPORT.—Not later than 30 days after the date 

20 of completion of the audit, the Inspector General shall sub21 mit to the appropriate committees of Congress a report on 

22 the results of the audit. 
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1 SEC. 2505. APPROACH CONTROL RADAR IN ALL AIR TRAF2 FIC CONTROL TOWERS. 

3 The Administrator of the Federal Aviation Adminis4 tration shall— 

5 (1) identify airports that are currently served by 

6 Federal Aviation Administration towers with non7 radar approach and departure control (Type 4 

8 tower); and 

9 (2) develop an implementation plan, including 

10 budgetary considerations, to provide the facilities 

11 identified under paragraph (1) with approach control 

12 radar. 

13 SEC. 2506. AIRSPACE MANAGEMENT ADVISORY COMMITTEE. 

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

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

16 establish an advisory committee to carry out the duties de17 scribed in subsection (b). 

18 (b) DUTIES.—The advisory committee shall— 

19 (1) conduct a review of the practices and proce20 dures of the Federal Aviation Administration for de21 veloping proposals with respect to changes in regula22 tions, policies, or guidance of the Federal Aviation 

23 Administration relating to airspace that affect air24 port operations, airport capacity, the environment, or 

25 communities in the vicinity of airports, including— 
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1 (A) an assessment of the extent to which 

2 there is consultation, or a lack of consultation, 

3 with respect to such proposals— 

4 (i) between and among the affected ele5 ments of the Federal Aviation Administra6 tion, including the Air Traffic Organiza7 tion, the Office of Airports, the Flight 

8 Standards Service, the Office of NextGen, 

9 and the Office of Energy and Environment; 

10 and 

11 (ii) between the Federal Aviation Ad12 ministration and affected entities, including 

13 airports, aircraft operators, communities, 

14 and State and local governments; 

15 (2) recommend revisions to such practices and 

16 procedures to improve communications and coordina17 tion between and among affected elements of the Fed18 eral Aviation Administration and with other affected 

19 entities with respect to proposals described in para20 graph (1) and the potential effects of such proposals; 

21 (3) conduct a review of the management by the 

22 Federal Aviation Administration of systems and in23 formation used to evaluate data relating to obstruc24 tions to air navigation or navigational facilities 
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1 under part 77 of title 14, Code of Federal Regula2 tions; and 

3 (4) make recommendations to ensure that the 

4 data described in paragraph (3) is publicly accessible 

5 and streamlined to ensure developers, airport opera6 tors, and other interested parties may obtain relevant 

7 information concerning potential obstructions when 

8 working to preserve and create a safe and efficient 

9 navigable airspace. 

10 (c) MEMBERSHIP.—The membership of the advisory 

11 committee established under subsection (a) shall include 

12 representatives of— 

13 (1) air carriers, including passenger and cargo 

14 air carriers; 

15 (2) general aviation, including business aviation 

16 and fixed wing aircraft and rotocraft; 

17 (3) airports of various sizes and types; 

18 (4) air traffic controllers; and 

19 (5) State aviation officials. 

20 (d) REPORT REQUIRED.—Not later than one year 

21 after the establishment of the advisory committee under sub22 section (a), the advisory committee shall submit to Congress 

23 a report on the actions taken by the advisory committee 

24 to carry out the duties described in subsection (b). 
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1 Subtitle F—Third Class Medical Re2 form and General Aviation Pilot 

3 Protections 

4 SEC. 2601. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Pilot’s Bill of Rights 

6 2’’. 

7 SEC. 2602. MEDICAL CERTIFICATION OF CERTAIN SMALL 

8 AIRCRAFT PILOTS. 

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

10 date of enactment of this Act, the Administrator of the Fed11 eral Aviation Administration shall issue or revise regula12 tions to ensure that an individual may operate as pilot in 

13 command of a covered aircraft if— 

14 (1) the individual possesses a valid driver’s li15 cense issued by a State, territory, or possession of the 

16 United States and complies with all medical require17 ments or restrictions associated with that license; 

18 (2) the individual holds a medical certificate 

19 issued by the Federal Aviation Administration on the 

20 date of enactment of this Act, held such a certificate 

21 at any point during the 10-year period preceding 

22 such date of enactment, or obtains such a certificate 

23 after such date of enactment; 
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1 (3) the most recent medical certificate issued by 

2 the Federal Aviation Administration to the indi3 vidual— 

4 (A) indicates whether the certificate is first, 

5 second, or third class; 

6 (B) may include authorization for special 

7 issuance; 

8 (C) may be expired; 

9 (D) cannot have been revoked or suspended; 

10 and 

11 (E) cannot have been withdrawn; 

12 (4) the most recent application for airman med13 ical certification submitted to the Federal Aviation 

14 Administration by the individual cannot have been 

15 completed and denied; 

16 (5) the individual has completed a medical edu17 cation course described in subsection (c) during the 24 

18 calendar months before acting as pilot in command of 

19 a covered aircraft and demonstrates proof of comple20 tion of the course; 

21 (6) the individual, when serving as a pilot in 

22 command, is under the care and treatment of a physi23 cian if the individual has been diagnosed with any 

24 medical condition that may impact the ability of the 

25 individual to fly; 
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1 (7) the individual has received a comprehensive 

2 medical examination from a State-licensed physician 

3 during the previous 48 months and— 

4 (A) prior to the examination, the indi5 vidual— 

6 (i) completed the individual’s section of 

7 the checklist described in subsection (b); and 

8 (ii) provided the completed checklist to 

9 the physician performing the examination; 

10 and 

11 (B) the physician conducted the comprehen12 sive medical examination in accordance with the 

13 checklist described in subsection (b), checking 

14 each item specified during the examination and 

15 addressing, as medically appropriate, every med16 ical condition listed, and any medications the 

17 individual is taking; and 

18 (8) the individual is operating in accordance 

19 with the following conditions: 

20 (A) The covered aircraft is carrying not 

21 more than 5 passengers. 

22 (B) The individual is operating the covered 

23 aircraft under visual flight rules or instrument 

24 flight rules. 
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1 (C) The flight, including each portion of 

2 that flight, is not carried out— 

3 (i) for compensation or hire, including 

4 that no passenger or property on the flight 

5 is being carried for compensation or hire; 

6 (ii) at an altitude that is more than 

7 18,000 feet above mean sea level; 

8 (iii) outside the United States, unless 

9 authorized by the country in which the 

10 flight is conducted; or 

11 (iv) at an indicated air speed exceed12 ing 250 knots. 

13 (b) COMPREHENSIVE MEDICAL EXAMINATION.— 

14 (1) IN GENERAL.—Not later than 180 days after 

15 the date of enactment of this Act, the Administrator 

16 shall develop a checklist for an individual to complete 

17 and provide to the physician performing the com18 prehensive medical examination required in sub19 section (a)(7). 

20 (2) REQUIREMENTS.—The checklist shall con21 tain— 

22 (A) a section, for the individual to complete 

23 that contains— 
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1 (i) boxes 3 through 13 and boxes 16 

2 through 19 of the Federal Aviation Admin3 istration Form 8500–8 (3–99); 

4 (ii) a signature line for the individual 

5 to affirm that— 

6 (I) the answers provided by the 

7 individual on that checklist, including 

8 the individual’s answers regarding 

9 medical history, are true and complete; 

10 (II) the individual understands 

11 that he or she is prohibited under Fed12 eral Aviation Administration regula13 tions from acting as pilot in command, 

14 or any other capacity as a required 

15 flight crew member, if he or she knows 

16 or has reason to know of any medical 

17 deficiency or medically disqualifying 

18 condition that would make the indi19 vidual unable to operate the aircraft in 

20 a safe manner; and 

21 (III) the individual is aware of 

22 the regulations pertaining to the prohi23 bition on operations during medical 

24 deficiency and has no medically dis-
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1 qualifying conditions in accordance 

2 with applicable law; 

3 (B) a section with instructions for the indi4 vidual to provide the completed checklist to the 

5 physician performing the comprehensive medical 

6 examination required in subsection (a)(7); and 

7 (C) a section, for the physician to complete, 

8 that instructs the physician— 

9 (i) to perform a clinical examination 

10 of— 

11 (I) head, face, neck, and scalp; 

12 (II) nose, sinuses, mouth, and 

13 throat; 

14 (III) ears, general (internal and 

15 external canals), and eardrums (per16 foration); 

17 (IV) eyes (general), 

18 ophthalmoscopic, pupils (equality and 

19 reaction), and ocular motility (associ20 ated parallel movement, nystagmus); 

21 (V) lungs and chest (not including 

22 breast examination); 

23 (VI) heart (precordial activity, 

24 rhythm, sounds, and murmurs); 
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1 (VII) vascular system (pulse, am2 plitude, and character, and arms, legs, 

3 and others); 

4 (VIII) abdomen and viscera (in5 cluding hernia); 

6 (IX) anus (not including digital 

7 examination); 

8 (X) skin; 

9 (XI) G–U system (not including 

10 pelvic examination); 

11 (XII) upper and lower extremities 

12 (strength and range of motion); 

13 (XIII) spine and other musculo14 skeletal; 

15 (XIV) identifying body marks, 

16 scars, and tattoos (size and location); 

17 (XV) lymphatics; 

18 (XVI) neurologic (tendon reflexes, 

19 equilibrium, senses, cranial nerves, and 

20 coordination, etc.); 

21 (XVII) psychiatric (appearance, 

22 behavior, mood, communication, and 

23 memory); 

24 (XVIII) general systemic; 

25 (XIX) hearing; 
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1 (XX) vision (distant, near, and 

2 intermediate vision, field of vision, 

3 color vision, and ocular alignment); 

4 (XXI) blood pressure and pulse; 

5 and 

6 (XXII) anything else the physi7 cian, in his or her medical judgment, 

8 considers necessary; 

9 (ii) to exercise medical discretion to 

10 address, as medically appropriate, any 

11 medical conditions identified, and to exer12 cise medical discretion in determining 

13 whether any medical tests are warranted as 

14 part of the comprehensive medical examina15 tion; 

16 (iii) to discuss all drugs the individual 

17 reports taking (prescription and non18 prescription) and their potential to interfere 

19 with the safe operation of an aircraft or 

20 motor vehicle; 

21 (iv) to sign the checklist, stating: ‘‘I 

22 certify that I discussed all items on this 

23 checklist with the individual during my ex24 amination, discussed any medications the 

25 individual is taking that could interfere 
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1 with their ability to safely operate an air2 craft or motor vehicle, and performed an ex3 amination that included all of the items on 

4 this checklist. I certify that I am not aware 

5 of any medical condition that, as presently 

6 treated, could interfere with the individual’s 

7 ability to safely operate an aircraft.’’; and 

8 (v) to provide the date the comprehen9 sive medical examination was completed, 

10 and the physician’s full name, address, tele11 phone number, and State medical license 

12 number. 

13 (3) LOGBOOK.—The completed checklist shall be 

14 retained in the individual’s logbook and made avail15 able on request. 

16 (c) MEDICAL EDUCATION COURSE REQUIREMENTS.— 

17 The medical education course described in this subsection 

18 shall— 

19 (1) be available on the Internet free of charge; 

20 (2) be developed and periodically updated in co21 ordination with representatives of relevant nonprofit 

22 and not-for-profit general aviation stakeholder groups; 

23 (3) educate pilots on conducting medical self-as24 sessments; 
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1 (4) advise pilots on identifying warning signs of 

2 potential serious medical conditions; 

3 (5) identify risk mitigation strategies for med4 ical conditions; 

5 (6) increase awareness of the impacts of poten6 tially impairing over-the-counter and prescription 

7 drug medications; 

8 (7) encourage regular medical examinations and 

9 consultations with primary care physicians; 

10 (8) inform pilots of the regulations pertaining to 

11 the prohibition on operations during medical defi12 ciency and medically disqualifying conditions; 

13 (9) provide the checklist developed by the Federal 

14 Aviation Administration in accordance with sub15 section (b); and 

16 (10) upon successful completion of the course, 

17 electronically provide to the individual and transmit 

18 to the Federal Aviation Administration— 

19 (A) a certification of completion of the med20 ical education course, which shall be printed and 

21 retained in the individual’s logbook and made 

22 available upon request, and shall contain the in23 dividual’s name, address, and airman certificate 

24 number; 
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1 (B) subject to subsection (d), a release au2 thorizing the National Driver Register through a 

3 designated State Department of Motor Vehicles to 

4 furnish to the Federal Aviation Administration 

5 information pertaining to the individual’s driv6 ing record; 

7 (C) a certification by the individual that 

8 the individual is under the care and treatment 

9 of a physician if the individual has been diag10 nosed with any medical condition that may im11 pact the ability of the individual to fly, as re12 quired under (a)(6); 

13 (D) a form that includes— 

14 (i) the name, address, telephone num15 ber, and airman certificate number of the 

16 individual; 

17 (ii) the name, address, telephone num18 ber, and State medical license number of the 

19 physician performing the comprehensive 

20 medical examination required in subsection 

21 (a)(7); 

22 (iii) the date of the comprehensive 

23 medical examination required in subsection 

24 (a)(7); and 
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1 (iv) a certification by the individual 

2 that the checklist described in subsection (b) 

3 was followed and signed by the physician in 

4 the comprehensive medical examination re5 quired in subsection (a)(7); and 

6 (E) a statement, which shall be printed, 

7 and signed by the individual certifying that the 

8 individual understands the existing prohibition 

9 on operations during medical deficiency by stat10 ing: ‘‘I understand that I cannot act as pilot in 

11 command, or any other capacity as a required 

12 flight crew member, if I know or have reason to 

13 know of any medical condition that would make 

14 me unable to operate the aircraft in a safe man15 ner.’’. 

16 (d) NATIONAL DRIVER REGISTER.—The authorization 

17 under subsection (c)(10)(B) shall be an authorization for 

18 a single access to the information contained in the National 

19 Driver Register. 

20 (e) SPECIAL ISSUANCE PROCESS.— 

21 (1) IN GENERAL.—An individual who has quali22 fied for the third-class medical certificate exemption 

23 under subsection (a) and is seeking to serve as a pilot 

24 in command of a covered aircraft shall be required to 

25 have completed the process for obtaining an Author-
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1 ization for Special Issuance of a Medical Certificate 

2 for each of the following: 

3 (A) A mental health disorder, limited to an 

4 established medical history or clinical diagnosis 

5 of— 

6 (i) personality disorder that is severe 

7 enough to have repeatedly manifested itself 

8 by overt acts; 

9 (ii) psychosis, defined as a case in 

10 which an individual— 

11 (I) has manifested delusions, hal12 lucinations, grossly bizarre or disorga13 nized behavior, or other commonly ac14 cepted symptoms of psychosis; or 

15 (II) may reasonably be expected to 

16 manifest delusions, hallucinations, 

17 grossly bizarre or disorganized behav18 ior, or other commonly accepted symp19 toms of psychosis; 

20 (iii) bipolar disorder; or 

21 (iv) substance dependence within the 

22 previous 2 years, as defined in section 

23 67.307(a)(4) of title 14, Code of Federal 

24 Regulations. 
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1 (B) A neurological disorder, limited to an 

2 established medical history or clinical diagnosis 

3 of any of the following: 

4 (i) Epilepsy. 

5 (ii) Disturbance of consciousness with6 out satisfactory medical explanation of the 

7 cause. 

8 (iii) A transient loss of control of nerv9 ous system functions without satisfactory 

10 medical explanation of the cause. 

11 (C) A cardiovascular condition, limited to a 

12 one-time special issuance for each diagnosis of 

13 the following: 

14 (i) Myocardial infraction. 

15 (ii) Coronary heart disease that has re16 quired treatment. 

17 (iii) Cardiac valve replacement. 

18 (iv) Heart replacement. 

19 (2) SPECIAL RULE FOR CARDIOVASCULAR CONDI20 TIONS.—In the case of an individual with a cardio21 vascular condition, the process for obtaining an Au22 thorization for Special Issuance of a Medical Certifi23 cate shall be satisfied with the successful completion 

24 of an appropriate clinical evaluation without a man25 datory wait period. 
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1 (3) SPECIAL RULE FOR MENTAL HEALTH CONDI2 TIONS.— 

3 (A) In the case of an individual with a 

4 clinically diagnosed mental health condition, the 

5 third-class medical certificate exemption under 

6 subsection (a) shall not apply if— 

7 (i) in the judgment of the individual’s 

8 State-licensed medical specialist, the condi9 tion— 

10 (I) renders the individual unable 

11 to safely perform the duties or exercise 

12 the airman privileges described in sub13 section (a)(8); or 

14 (II) may reasonably be expected to 

15 make the individual unable to perform 

16 the duties or exercise the privileges de17 scribed in subsection (a)(8); or 

18 (ii) the individual’s driver’s license is 

19 revoked by the issuing agency as a result of 

20 a clinically diagnosed mental health condi21 tion. 

22 (B) Subject to subparagraph (A), an indi23 vidual clinically diagnosed with a mental health 

24 condition shall certify every 2 years, in conjunc25 tion with the certification under subsection 
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1 (c)(10)(C), that the individual is under the care 

2 of a State-licensed medical specialist for that 

3 mental health condition. 

4 (4) SPECIAL RULE FOR NEUROLOGICAL CONDI5 TIONS.— 

6 (A) In the case of an individual with a 

7 clinically diagnosed neurological condition, the 

8 third-class medical certificate exemption under 

9 subsection (a) shall not apply if— 

10 (i) in the judgment of the individual’s 

11 State-licensed medical specialist, the condi12 tion— 

13 (I) renders the individual unable 

14 to safely perform the duties or exercise 

15 the airman privileges described in sub16 section (a)(8); or 

17 (II) may reasonably be expected to 

18 make the individual unable to perform 

19 the duties or exercise the privileges de20 scribed in subsection (a)(8); or 

21 (ii) the individual’s driver’s license is 

22 revoked by the issuing agency as a result of 

23 a clinically diagnosed neurological condi24 tion. 
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1 (B) Subject to subparagraph (A), an indi2 vidual clinically diagnosed with a neurological 

3 condition shall certify every 2 years, in conjunc4 tion with the certification under subsection 

5 (c)(10)(C), that the individual is under the care 

6 of a State-licensed medical specialist for that 

7 neurological condition. 

8 (f) IDENTIFICATION OF ADDITIONAL MEDICAL CONDI9 TIONS FOR THE CACI PROGRAM.— 

10 (1) IN GENERAL.—Not later than 180 days after 

11 the date of enactment of this Act, the Administrator 

12 shall review and identify additional medical condi13 tions that could be added to the program known as 

14 the Conditions AMEs Can Issue (CACI) program. 

15 (2) CONSULTATIONS.—In carrying out para16 graph (1), the Administrator shall consult with avia17 tion, medical, and union stakeholders. 

18 (3) REPORT REQUIRED.—Not later than 180 

19 days after the date of enactment of this Act, the Ad20 ministrator shall submit to the Committee on Com21 merce, Science, and Transportation of the Senate and 

22 the Committee on Transportation and Infrastructure 

23 of the House of Representatives a report listing the 

24 medical conditions that have been added to the CACI 

25 program under paragraph (1). 
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1 (g) EXPEDITED AUTHORIZATION FOR SPECIAL

2 ISSUANCE OF A MEDICAL CERTIFICATE.— 

3 (1) IN GENERAL.—The Administrator shall im4 plement procedures to expedite the process for obtain5 ing an Authorization for Special Issuance of a Med6 ical Certificate under section 67.401 of title 14, Code 

7 of Federal Regulations. 

8 (2) CONSULTATIONS.—In carrying out para9 graph (1), the Administrator shall consult with avia10 tion, medical, and union stakeholders. 

11 (3) REPORT REQUIRED.—Not later than 1 year 

12 after the date of enactment of this Act, the Adminis13 trator shall submit to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the 

15 Committee on Transportation and Infrastructure of 

16 the House of Representatives a report describing how 

17 the procedures implemented under paragraph (1) will 

18 streamline the process for obtaining an Authorization 

19 for Special Issuance of a Medical Certificate and re20 duce the amount of time needed to review and decide 

21 special issuance cases. 

22 (h) REPORT REQUIRED.—Not later than 5 years after 

23 the date of enactment of this Act, the Administrator, in co24 ordination with the National Transportation Safety Board, 

25 shall submit to the Committee on Commerce, Science, and 
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1 Transportation of the Senate and the Committee on Trans2 portation and Infrastructure of the House of Representa3 tives a report that describes the effect of the regulations 

4 issued or revised under subsection (a) and includes statis5 tics with respect to changes in small aircraft activity and 

6 safety incidents. 

7 (i) PROHIBITION ON ENFORCEMENT ACTIONS.—Begin8 ning on the date that is 1 year after the date of enactment 

9 of this Act, the Administrator may not take an enforcement 

10 action for not holding a valid third-class medical certificate 

11 against a pilot of a covered aircraft for a flight, through 

12 a good faith effort, if the pilot and the flight meet the appli13 cable requirements under subsection (a), except paragraph 

14 (5) of that subsection, unless the Administrator has pub15 lished final regulations in the Federal Register under that 

16 subsection. 

17 (j) COVERED AIRCRAFT DEFINED.—In this section, the 

18 term ‘‘covered aircraft’’ means an aircraft that— 

19 (1) is authorized under Federal law to carry not 

20 more than 6 occupants; and 

21 (2) has a maximum certificated takeoff weight of 

22 not more than 6,000 pounds. 

23 (k) OPERATIONS COVERED.—The provisions and re24 quirements covered in this section do not apply to pilots 

25 who elect to operate under the medical requirements under 
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1 subsection (b) or subsection (c) of section 61.23 of title 14, 

2 Code of Federal Regulations. 

3 (l) AUTHORITY TO REQUIRE ADDITIONAL INFORMA4 TION.— 

5 (1) IN GENERAL.—If the Administrator receives 

6 credible or urgent information, including from the 

7 National Driver Register or the Administrator’s Safe8 ty Hotline, that reflects on an individual’s ability to 

9 safely operate a covered aircraft under the third-class 

10 medical certificate exemption in subsection (a), the 

11 Administrator may require the individual to provide 

12 additional information or history so that the Admin13 istrator may determine whether the individual is safe 

14 to continue operating a covered aircraft. 

15 (2) USE OF INFORMATION.—The Administrator 

16 may use credible or urgent information received 

17 under paragraph (1) to request an individual to pro18 vide additional information or to take actions under 

19 section 44709(b) of title 49, United States Code. 

20 SEC. 2603. EXPANSION OF PILOT’S BILL OF RIGHTS. 

21 (a) APPEALS OF SUSPENDED AND REVOKED AIRMAN

22 CERTIFICATES.—Section 2(d)(1) of the Pilot’s Bill of 

23 Rights (Public Law 112–153; 126 Stat. 1159; 49 U.S.C. 

24 44703 note) is amended by striking ‘‘or imposing a punitive 

25 civil action or an emergency order of revocation under sub-
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1 sections (d) and (e) of section 44709 of such title’’ and in2 serting ‘‘suspending or revoking an airman certificate 

3 under section 44709(d) of such title, or imposing an emer4 gency order of revocation under subsections (d) and (e) of 

5 section 44709 of such title’’. 

6 (b) DE NOVO REVIEW BY DISTRICT COURT; BURDEN

7 OF PROOF.—Section 2(e) of the Pilot’s Bill of Rights (Pub8 lic Law 112–153; 126 Stat. 1159; 49 U.S.C. 44703 note) 

9 is amended— 

10 (1) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) IN GENERAL.—In an appeal filed under 

13 subsection (d) in a United States district court with 

14 respect to a denial, suspension, or revocation of an 

15 airman certificate by the Administrator— 

16 ‘‘(A) the district court shall review the de17 nial, suspension, or revocation de novo, includ18 ing by— 

19 ‘‘(i) conducting a full independent re20 view of the complete administrative record 

21 of the denial, suspension, or revocation; 

22 ‘‘(ii) permitting additional discovery 

23 and the taking of additional evidence; and 

24 ‘‘(iii) making the findings of fact and 

25 conclusions of law required by Rule 52 of 
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1 the Federal Rules of Civil Procedure with2 out being bound to any findings of fact of 

3 the Administrator or the National Trans4 portation Safety Board.’’; 

5 (2) by redesignating paragraph (2) as para6 graph (3); and 

7 (3) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) BURDEN OF PROOF.—In an appeal filed 

10 under subsection (d) in a United States district court 

11 after an exhaustion of administrative remedies, the 

12 burden of proof shall be as follows: 

13 ‘‘(A) In an appeal of the denial of an appli14 cation for the issuance or renewal of an airman 

15 certificate under section 44703 of title 49, United 

16 States Code, the burden of proof shall be upon 

17 the applicant denied an airman certificate by 

18 the Administrator. 

19 ‘‘(B) In an appeal of an order issued by the 

20 Administrator under section 44709 of title 49, 

21 United States Code, the burden of proof shall be 

22 upon the Administrator.’’; and 

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

24 ‘‘(4) APPLICABILITY OF ADMINISTRATIVE PROCE25 DURE ACT.—Notwithstanding paragraph (1)(A) of 
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1 this subsection or subsection (a)(1) of section 554 of 

2 title 5, United States Code, section 554 of such title 

3 shall apply to adjudications of the Administrator and 

4 the National Transportation Safety Board to the 

5 same extent as that section applied to such adjudica6 tions before the date of enactment of the Pilot’s Bill 

7 of Rights 2.’’. 

8 (c) NOTIFICATION OF INVESTIGATION.—Subsection (b) 

9 of section 2 of the Pilot’s Bill of Rights (Public Law 112– 

10 153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended— 

11 (1) in paragraph (2)(A), by inserting ‘‘and the 

12 specific activity on which the investigation is based’’ 

13 after ‘‘nature of the investigation’’; 

14 (2) in paragraph (3), by striking ‘‘timely’’; and 

15 (3) in paragraph (5), by striking ‘‘section 

16 44709(c)(2)’’ and inserting ‘‘section 44709(e)(2)’’. 

17 (d) RELEASE OF INVESTIGATIVE REPORTS.—Section 

18 2 of the Pilot’s Bill of Rights (Public Law 112–153; 126 

19 Stat. 1159; 49 U.S.C. 44703 note) is further amended by 

20 inserting after subsection (e) the following: 

21 ‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) EMERGENCY ORDERS.—In any pro24 ceeding conducted under part 821 of title 49, 

25 Code of Federal Regulations, relating to the 
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1 amendment, modification, suspension, or revoca2 tion of an airman certificate, in which the Ad3 ministrator issues an emergency order under 

4 subsections (d) and (e) of section 44709, section 

5 44710, or section 46105(c) of title 49, United 

6 States Code, or another order that takes effect 

7 immediately, the Administrator shall provide to 

8 the individual holding the airman certificate the 

9 releasable portion of the investigative report at 

10 the time the Administrator issues the order. If 

11 the complete Report of Investigation is not avail12 able at the time the Emergency Order is issued, 

13 the Administrator shall issue all portions of the 

14 report that are available at the time and shall 

15 provide the full report within 5 days of its com16 pletion. 

17 ‘‘(B) OTHER ORDERS.—In any non-emer18 gency proceeding conducted under part 821 of 

19 title 49, Code of Federal Regulations, relating to 

20 the amendment, modification, suspension, or rev21 ocation of an airman certificate, in which the 

22 Administrator notifies the certificate holder of a 

23 proposed certificate action under subsections (b) 

24 and (c) of section 44709 or section 44710 of title 

25 49, United States Code, the Administrator shall, 
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1 upon the written request of the covered certificate 

2 holder and at any time after that notification, 

3 provide to the covered certificate holder the re4 leasable portion of the investigative report. 

5 ‘‘(2) MOTION FOR DISMISSAL.—If the Adminis6 trator does not provide the releasable portions of the 

7 investigative report to the individual holding the air8 man certificate subject to the proceeding referred to in 

9 paragraph (1) by the time required by that para10 graph, the individual may move to dismiss the com11 plaint of the Administrator or for other relief and, 

12 unless the Administrator establishes good cause for the 

13 failure to provide the investigative report or for a lack 

14 of timeliness, the administrative law judge shall order 

15 such relief as the judge considers appropriate. 

16 ‘‘(3) RELEASABLE PORTION OF INVESTIGATIVE

17 REPORT.—For purposes of paragraph (1), the releas18 able portion of an investigative report is all informa19 tion in the report, except for the following: 

20 ‘‘(A) Information that is privileged. 

21 ‘‘(B) Information that constitutes work 

22 product or reflects internal deliberative process. 

23 ‘‘(C) Information that would disclose the 

24 identity of a confidential source. 
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1 ‘‘(D) Information the disclosure of which is 

2 prohibited by any other provision of law. 

3 ‘‘(E) Information that is not relevant to the 

4 subject matter of the proceeding. 

5 ‘‘(F) Information the Administrator can 

6 demonstrate is withheld for good cause. 

7 ‘‘(G) Sensitive security information, as de8 fined in section 15.5 of title 49, Code of Federal 

9 Regulations (or any corresponding similar rul10 ing or regulation). 

11 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

12 subsection shall be construed to prevent the Adminis13 trator from releasing to an individual subject to an 

14 investigation described in subsection (b)(1)— 

15 ‘‘(A) information in addition to the infor16 mation included in the releasable portion of the 

17 investigative report; or 

18 ‘‘(B) a copy of the investigative report be19 fore the Administrator issues a complaint.’’. 

20 SEC. 2604. LIMITATIONS ON REEXAMINATION OF CERTIFI21 CATE HOLDERS. 

22 (a) IN GENERAL.—Section 44709(a) is amended— 

23 (1) by striking ‘‘The Administrator’’ and insert24 ing the following: 

25 ‘‘(1) IN GENERAL.—The Administrator’’; 
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1 (2) by striking ‘‘reexamine’’ and inserting ‘‘, ex2 cept as provided in paragraph (2), reexamine’’; and 

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

4 ‘‘(2) LIMITATION ON THE REEXAMINATION OF

5 AIRMAN CERTIFICATES.— 

6 ‘‘(A) IN GENERAL.—The Administrator 

7 may not reexamine an airman holding a stu8 dent, sport, recreational, or private pilot certifi9 cate issued under section 44703 of this title if the 

10 reexamination is ordered as a result of an event 

11 involving the fault of the Federal Aviation Ad12 ministration or its designee, unless the Adminis13 trator has reasonable grounds— 

14 ‘‘(i) to establish that the airman may 

15 not be qualified to exercise the privileges of 

16 a particular certificate or rating, based 

17 upon an act or omission committed by the 

18 airman while exercising those privileges, 

19 after the certificate or rating was issued by 

20 the Federal Aviation Administration or its 

21 designee; or 

22 ‘‘(ii) to demonstrate that the airman 

23 obtained the certificate or the rating 

24 through fraudulent means or through an ex25 amination that was substantially and de-
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1 monstrably inadequate to establish the air2 man’s qualifications. 

3 ‘‘(B) NOTIFICATION REQUIREMENTS.—Be4 fore taking any action to reexamine an airman 

5 under subparagraph (A), the Administrator shall 

6 provide to the airman— 

7 ‘‘(i) a reasonable basis, described in de8 tail, for requesting the reexamination; and 

9 ‘‘(ii) any information gathered by the 

10 Federal Aviation Administration, that the 

11 Administrator determines is appropriate to 

12 provide, such as the scope and nature of the 

13 requested reexamination, that formed the 

14 basis for that justification.’’. 

15 (b) AMENDMENT, MODIFICATION, SUSPENSION, OR

16 REVOCATION OF AIRMAN CERTIFICATES AFTER REEXAM17 INATION.—Section 44709(b) is amended— 

18 (1) in paragraph (1), by redesignating subpara19 graphs (A) and (B) as clauses (i) and (ii), respec20 tively, and indenting appropriately; 

21 (2) by redesignating paragraphs (1) and (2) as 

22 subparagraphs (A) and (B), respectively, and indent23 ing appropriately; 
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1 (3) in the matter preceding subparagraph (A), as 

2 redesignated, by striking ‘‘The Administrator’’ and 

3 inserting the following: 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Administrator’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(2) AMENDMENTS, MODIFICATIONS, SUSPEN8 SIONS, AND REVOCATIONS OF AIRMAN CERTIFICATES

9 AFTER REEXAMINATION.— 

10 ‘‘(A) IN GENERAL.—The Administrator 

11 may not issue an order to amend, modify, sus12 pend, or revoke an airman certificate held by a 

13 student, sport, recreational, or private pilot and 

14 issued under section 44703 of this title after a 

15 reexamination of the airman holding the certifi16 cate unless the Administrator determines that the 

17 airman— 

18 ‘‘(i) lacks the technical skills and com19 petency, or care, judgment, and responsi20 bility, necessary to hold and safely exercise 

21 the privileges of the certificate; or 

22 ‘‘(ii) materially contributed to the 

23 issuance of the certificate by fraudulent 

24 means. 
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1 ‘‘(B) STANDARD OF REVIEW.—Any order of 

2 the Administrator under this paragraph shall be 

3 subject to the standard of review provided for 

4 under section 2 of the Pilot’s Bill of Rights (49 

5 U.S.C. 44703 note).’’. 

6 (c) CONFORMING AMENDMENTS.—Section 44709(d)(1) 

7 is amended— 

8 (1) in subparagraph (A), by striking ‘‘subsection 

9 (b)(1)(A)’’ and inserting ‘‘subsection (b)(1)(A)(i)’’; 

10 and 

11 (2) in subparagraph (B), by striking ‘‘subsection 

12 (b)(1)(B)’’ and inserting ‘‘subsection (b)(1)(A)(ii)’’. 

13 SEC. 2605. EXPEDITING UPDATES TO NOTAM PROGRAM. 

14 (a) IN GENERAL.— 

15 (1) Beginning on the date that is 180 days after 

16 the date of enactment of this Act, the Administrator 

17 of the Federal Aviation Administration may not take 

18 any enforcement action against any individual for a 

19 violation of a NOTAM (as defined in section 3 of the 

20 Pilot’s Bill of Rights (49 U.S.C. 44701 note)) until 

21 the Administrator certifies to the appropriate congres22 sional committees that the Administrator has com23 plied with the requirements of section 3 of the Pilot’s 

24 Bill of Rights, as amended by this section. 
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1 (2) In this subsection, the term ‘‘appropriate 

2 congressional committees’’ means— 

3 (A) the Committee on Commerce, Science, 

4 and Transportation of the Senate; and 

5 (B) the Committee on Transportation and 

6 Infrastructure of the House of Representatives. 

7 (b) AMENDMENTS.—Section 3 of the Pilot’s Bill of 

8 Rights (Public Law 112–153; 126 Stat. 1162; 49 U.S.C. 

9 44701 note) is amended— 

10 (1) in subsection (a)(2)— 

11 (A) in the matter preceding subparagraph 

12 (A)— 

13 (i) by striking ‘‘this Act’’ and inserting 

14 ‘‘the Pilot’s Bill of Rights 2’’; and 

15 (ii) by striking ‘‘begin’’ and inserting 

16 ‘‘complete the implementation of’’; 

17 (B) by amending subparagraph (B) to read 

18 as follows: 

19 ‘‘(B) to continue developing and modern20 izing the NOTAM repository, in a public central 

21 location, to maintain and archive all NOTAMs, 

22 including the original content and form of the 

23 notices, the original date of publication, and any 

24 amendments to such notices with the date of each 
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1 amendment, in a manner that is Internet-acces2 sible, machine-readable, and searchable;’’; 

3 (C) in subparagraph (C), by striking the 

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

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

6 ‘‘(D) to specify the times during which tem7 porary flight restrictions are in effect and the 

8 duration of a designation of special use airspace 

9 in a specific area.’’; and 

10 (2) by amending subsection (d) to read as fol11 lows: 

12 ‘‘(d) DESIGNATION OF REPOSITORY AS SOLE SOURCE

13 FOR NOTAMS.— 

14 ‘‘(1) IN GENERAL.—The Administrator— 

15 ‘‘(A) shall consider the repository for 

16 NOTAMs under subsection (a)(2)(B) to be the 

17 sole location for airmen to check for NOTAMs; 

18 and 

19 ‘‘(B) may not consider a NOTAM to be an20 nounced or published until the NOTAM is in21 cluded in the repository for NOTAMs under sub22 section (a)(2)(B). 

23 ‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO24 LATIONS OF NOTAMS NOT IN REPOSITORY.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), beginning on the date that 

3 the repository under subsection (a)(2)(B) is final 

4 and published, the Administrator may not take 

5 any enforcement action against an airman for a 

6 violation of a NOTAM during a flight if— 

7 ‘‘(i) that NOTAM is not available 

8 through the repository before the commence9 ment of the flight; and 

10 ‘‘(ii) that NOTAM is not reasonably 

11 accessible and identifiable to the airman. 

12 ‘‘(B) EXCEPTION FOR NATIONAL SECU13 RITY.—Subparagraph (A) shall not apply in the 

14 case of an enforcement action for a violation of 

15 a NOTAM that directly relates to national secu16 rity.’’. 

17 SEC. 2606. ACCESSIBILITY OF CERTAIN FLIGHT DATA. 

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

19 amended by inserting after section 47124 the following: 

20 ‘‘§ 47124a. Accessibility of certain flight data 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) ADMINISTRATION.—The term ‘Administra23 tion’ means the Federal Aviation Administration. 
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1 ‘‘(2) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Federal Avia3 tion Administration. 

4 ‘‘(3) APPLICABLE INDIVIDUAL.—The term ‘appli5 cable individual’ means an individual who is the sub6 ject of an investigation initiated by the Administrator 

7 related to a covered flight record. 

8 ‘‘(4) CONTRACT TOWER.—The term ‘contract 

9 tower’ means an air traffic control tower providing 

10 air traffic control services pursuant to a contract 

11 with the Administration under the contract air traffic 

12 control tower program under section 47124(b)(3). 

13 ‘‘(5) COVERED FLIGHT RECORD.—The term ‘cov14 ered flight record’ means any air traffic data (as de15 fined in section 2(b)(4)(B) of the Pilot’s Bill of Rights 

16 (49 U.S.C. 44703 note)), created, maintained, or con17 trolled by any program of the Administration, includ18 ing any program of the Administration carried out 

19 by employees or contractors of the Administration, 

20 such as contract towers, flight service stations, and 

21 controller training programs. 

22 ‘‘(b) PROVISION OF COVERED FLIGHT RECORD TO AD23 MINISTRATION.— 

24 ‘‘(1) REQUESTS.—Whenever the Administration 

25 receives a written request for a covered flight record 
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1 from an applicable individual and the covered flight 

2 record is not in the possession of the Administration, 

3 the Administrator shall request the covered flight 

4 record from the contract tower or other contractor of 

5 the Administration in possession of the covered flight 

6 record. 

7 ‘‘(2) PROVISION OF RECORDS.—Any covered 

8 flight record created, maintained, or controlled by a 

9 contract tower or another contractor of the Adminis10 tration that maintains covered flight records shall be 

11 provided to the Administration if the Administration 

12 requests the record pursuant to paragraph (1). 

13 ‘‘(3) NOTICE OF PROPOSED CERTIFICATE AC14 TION.—If the Administrator has issued, or subse15 quently issues, a Notice of Proposed Certificate Action 

16 relying on evidence contained in the covered flight 

17 record and the individual who is the subject of an in18 vestigation has requested the record, the Adminis19 trator shall promptly produce the record and extend 

20 the time the individual has to respond to the Notice 

21 of Proposed Certificate Action until the covered flight 

22 record is provided. 

23 ‘‘(c) IMPLEMENTATION.— 

24 ‘‘(1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of the Pilot’s Bill of 
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1 Rights 2, the Administrator shall promulgate regula2 tions or guidance to ensure compliance with this sec3 tion. 

4 ‘‘(2) COMPLIANCE BY CONTRACTORS.— 

5 ‘‘(A) Compliance with this section by a con6 tract tower or other contractor of the Adminis7 tration that maintains covered flight records 

8 shall be included as a material term in any con9 tract between the Administration and the con10 tract tower or contractor entered into or renewed 

11 on or after the date of enactment of the Pilot’s 

12 Bill of Rights 2. 

13 ‘‘(B) Subparagraph (A) shall not apply to 

14 any contract or agreement in effect on the date 

15 of enactment of the Pilot’s Bill of Rights 2 unless 

16 the contract or agreement is renegotiated, re17 newed, or modified after that date.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 The table of contents for chapter 471 is amended by insert20 ing after the item relating to section 47124 the following: 

‘‘47124a. Accessibility of certain flight data.’’. 

21 SEC. 2607. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CER22 TAIN NOTICES. 

23 Not later than 180 days after the date of enactment 

24 of this Act, the Administrator of the Federal Aviation Ad25 ministration shall revise section 13.11 of title 14, Code of 
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1 Federal Regulations, to authorize legal counsel of the Fed2 eral Aviation Administration to close enforcement actions 

3 covered by that section with a warning notice, letter of cor4 rection, or other administrative action. 

5 TITLE III—AIR SERVICE 

6 IMPROVEMENTS 

7 SEC. 3001. DEFINITIONS. 

8 In this title: 

9 (1) COVERED AIR CARRIER.—The term ‘‘covered 

10 air carrier’’ means an air carrier or a foreign air 

11 carrier as those terms are defined in section 40102 of 

12 title 49, United States Code. 

13 (2) ONLINE SERVICE.—The term ‘‘online service’’ 

14 means any service available over the Internet, or that 

15 connects to the Internet or a wide-area network. 

16 (3) TICKET AGENT.—The term ‘‘ticket agent’’ has 

17 the meaning given the term in section 40102 of title 

18 49, United States Code. 

19 Subtitle A—Passenger Air Service 

20 Improvements 

21 SEC. 3101. CAUSES OF AIRLINE DELAYS OR CANCELLA22 TIONS. 

23 (a) REVIEW.— 

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

25 the date of enactment of this Act, the Secretary of 
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1 Transportation shall review the categorization of 

2 delays and cancellations with respect to air carriers 

3 that are required to report such data. 

4 (2) CONSIDERATIONS.—In conducting the review 

5 under paragraph (1), the Secretary shall consider, at 

6 a minimum— 

7 (A) whether delays and cancellations attrib8 uted by an air carrier to weather were unavoid9 able due to an operational or air traffic control 

10 issue, or due to the air carrier’s preference in de11 termining which flights to delay or cancel during 

12 a weather event; 

13 (B) whether and to what extent delays and 

14 cancellations attributed by an air carrier to 

15 weather disproportionately impact service to 

16 smaller airports and communities; and 

17 (C) whether it is an unfair or deceptive 

18 practice in violation of section 41712 of title 49, 

19 United States Code, for an air carrier to inform 

20 a passenger that a flight is delayed or cancelled 

21 due to weather, without any other context or ex22 planation for the delay or cancellation, when the 

23 air carrier has discretion as to which flights to 

24 delay or cancel. 
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1 (3) ADVISORY COMMITTEE FOR AVIATION CON2 SUMER PROTECTION.—The Secretary may use the Ad3 visory Committee for Aviation Consumer Protection, 

4 established under section 411 of the FAA Moderniza5 tion and Reform Act of 2012 (49 U.S.C. 42301 prec. 

6 note), to assist in conducting the review and pro7 viding recommendations. 

8 (b) REPORT.—Not later than 90 days after the date 

9 the review under subsection (a) is complete, the Secretary 

10 shall submit to the appropriate committees of Congress a 

11 report on the review under subsection (a), including any 

12 recommendations. 

13 (c) SAVINGS PROVISION.—Nothing in this section shall 

14 be construed as affecting the decision of an air carrier to 

15 maximize its system capacity during weather-related events 

16 to accommodate the greatest number of passengers. 

17 SEC. 3102. INVOLUNTARY CHANGES TO ITINERARIES. 

18 (a) REVIEW.— 

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

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

21 Transportation shall review whether it is an unfair 

22 or deceptive practice in violation of section 41712 of 

23 title 49, United States Code, for an air carrier to 

24 change the itinerary of a passenger, more than 24 

25 hours before departure, if the new itinerary involves 
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1 additional stops or departs 3 hours earlier or later 

2 and compensation or other more suitable air trans3 portation is not offered. 

4 (2) ADVISORY COMMITTEE FOR AVIATION CON5 SUMER PROTECTION.—The Secretary may use the Ad6 visory Committee for Aviation Consumer Protection, 

7 established under section 411 of the FAA Moderniza8 tion and Reform Act of 2012 (49 U.S.C. 42301 prec. 

9 note), to assist in conducting the review and pro10 viding recommendations. 

11 (b) REPORT.—Not later than 90 days after the date 

12 the review under subsection (a) is complete, the Secretary 

13 shall submit to appropriate committees of Congress a report 

14 on the review under subsection (a), including any rec15 ommendations. 

16 SEC. 3103. ADDITIONAL CONSUMER PROTECTIONS. 

17 Not later than 180 days after the date that the reviews 

18 under sections 3101 and 3102 of this Act are complete, the 

19 Secretary of Transportation shall issue a supplemental no20 tice of proposed rulemaking to its notice of proposed rule21 making published in the Federal Register on May 23, 2014 

22 (DOT–OST–2014–0056) (relating to the transparency of 

23 airline ancillary fees and other consumer protection issues) 

24 to consider the following: 
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1 (1) Requiring an air carrier to provide notifica2 tion and refunds or other consideration to a consumer 

3 who is impacted by delays or cancellations when an 

4 air carrier has a choice as to which flights to cancel 

5 or delay during a weather-related event. 

6 (2) Requiring an air carrier to provide notifica7 tion and refunds or other consideration to a consumer 

8 who is impacted by involuntary changes to the con9 sumer’s itinerary. 

10 SEC. 3104. ADDRESSING THE NEEDS OF FAMILIES OF PAS11 SENGERS INVOLVED IN AIRCRAFT ACCI12 DENTS. 

13 (a) AIR CARRIERS HOLDING CERTIFICATES OF PUB14 LIC CONVENIENCE AND NECESSITY.—Section 41113 is 

15 amended— 

16 (1) in subsection (a), by striking ‘‘a major’’ and 

17 inserting ‘‘any’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (9), by striking ‘‘(and 

20 any other victim of the accident)’’ and inserting 

21 ‘‘(and any other victim of the accident, including 

22 any victim on the ground)’’; 

23 (B) in paragraph (16), by striking ‘‘major’’ 

24 and inserting ‘‘any’’; and 
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1 (C) in paragraph (17)(A), by striking ‘‘sig2 nificant’’ and inserting ‘‘any’’; and 

3 (3) by amending subsection (e) to read as fol4 lows: 

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

6 ‘‘(1) ‘Aircraft accident’ means any aviation dis7 aster, regardless of its cause or suspected cause, for 

8 which the National Transportation Safety Board is 

9 the lead investigative agency. 

10 ‘‘(2) ‘Passenger’ has the meaning given the term 

11 in section 1136.’’. 

12 (b) FOREIGN AIR CARRIERS PROVIDING FOREIGN AIR

13 TRANSPORTATION.—Section 41313 is amended— 

14 (1) in subsection (b), by striking ‘‘a major’’ and 

15 inserting ‘‘any’’; and 

16 (2) in subsection (c)— 

17 (A) in paragraph (1), by striking ‘‘a sig18 nificant’’ and inserting ‘‘any’’; 

19 (B) in paragraph (2), by striking ‘‘a sig20 nificant’’ and inserting ‘‘any’’; 

21 (C) in paragraph (16), by striking ‘‘major’’ 

22 and inserting ‘‘any’’; and 

23 (D) in paragraph (17)(A), by striking ‘‘sig24 nificant’’ and inserting ‘‘any’’. 
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1 (c) NATIONAL TRANSPORTATION SAFETY BOARD.— 

2 Section 1136(a) is amended by striking ‘‘aircraft accident 

3 within the United States involving an air carrier or foreign 

4 air carrier and resulting in a major loss of life’’ and insert5 ing ‘‘aircraft accident involving an air carrier or foreign 

6 air carrier, resulting in any loss of life, and for which the 

7 National Transportation Safety Board will serve as the 

8 lead investigative agency’’. 

9 SEC. 3105. EMERGENCY MEDICAL KITS. 

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

11 of enactment of this Act, the Administrator of the Federal 

12 Aviation Administration shall evaluate and revise, as ap13 propriate, the regulations under part 121 of title 14, Code 

14 of Federal Regulations, regarding the emergency medical 

15 equipment requirements, including the contents of the first16 aid kit, applicable to all certificate holders operating pas17 senger-carrying airplanes under that part. 

18 (b) CONSIDERATIONS.—In carrying out subsection (a), 

19 the Administrator shall consider whether the minimum con20 tents of approved emergency medical kits, including ap21 proved first-aid kits, include appropriate medications and 

22 equipment to meet the emergency medical needs of children, 

23 including consideration of an epinephrine auto-injector, as 

24 appropriate. 
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1 SEC. 3106. TRAVELERS WITH DISABILITIES. 

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

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

4 United States shall— 

5 (1) conduct a study of airport accessibility best 

6 practices for individuals with disabilities; and 

7 (2) submit to the appropriate committees of Con8 gress a report on the study, including the Comptroller 

9 General’s findings, conclusions, and recommenda10 tions. 

11 (b) CONTENTS.—The study under subsection (a) shall 

12 include accessibility best practices beyond those rec13 ommended under the Architectural Barriers Act of 1968 (42 

14 U.S.C. 4151 et seq.), Rehabilitation Act of 1973 (29 U.S.C. 

15 701 et seq.), Air Carrier Access Act of 1986 (100 Stat. 1080; 

16 Public Law 99–435), or Americans with Disabilities Act 

17 of 1990 (42 U.S.C. 12101 et seq.), that improve infrastruc18 ture and communications, such as with regard to 

19 wayfinding, amenities, and passenger care. 

20 SEC. 3107. EXTENSION OF ADVISORY COMMITTEE FOR AVIA21 TION CONSUMER PROTECTION. 

22 (a) TERMINATION.—Section 411(h) of the FAA Mod23 ernization and Reform Act of 2012 (Public Law 112–95; 

24 49 U.S.C. 42301 prec. note) is amended by striking ‘‘July 

25 15, 2016’’ and inserting ‘‘September 30, 2017’’. 
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1 (b) FINANCIAL DISCLOSURE.—Section 411 of the FAA 

2 Modernization and Reform Act of 2012 (Public Law 112– 

3 95; 49 U.S.C. 42301 prec. note) is further amended— 

4 (1) by redesignating subsection (h) as subsection 

5 (i); and 

6 (2) by inserting before subsection (i), the fol7 lowing: 

8 ‘‘(h) CONFLICT OF INTEREST DISCLOSURE.—Begin9 ning on the date of enactment of the Federal Aviation Ad10 ministration Reauthorization Act of 2016, each member of 

11 the advisory committee who is not a government employee 

12 shall disclose, on an annual basis, any potential conflicts 

13 of interest, including financial conflicts of interest, to the 

14 Secretary in such form and manner as prescribed by the 

15 Secretary.’’. 

16 (c) RECOMMENDATIONS.—Section 411(g) of the FAA 

17 Modernization and Reform Act of 2012 (Public Law 112– 

18 95; 49 U.S.C. 42301 prec. note) is amended— 

19 (1) by striking ‘‘of the first 2 calendar years be20 ginning after the date of enactment of this Act’’ and 

21 inserting ‘‘calendar year’’; and 

22 (2) by inserting ‘‘and post on the Department of 

23 Transportation Web site’’ after ‘‘Congress’’. 
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1 SEC. 3108. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

2 Section 47107(r)(3) is amended by striking ‘‘July 16, 

3 2016’’ and inserting ‘‘October 1, 2017’’. 

4 SEC. 3109. REFUNDS FOR DELAYED BAGGAGE. 

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

6 of enactment of this Act, the Secretary of Transportation 

7 shall issue final regulations to require a covered air carrier 

8 to promptly provide an automatic refund to a passenger 

9 in the amount of any applicable ancillary fees paid if the 

10 covered air carrier has charged the passenger an ancillary 

11 fee for checked baggage but the covered air carrier fails to 

12 deliver the checked baggage to the passenger not later than 

13 6 hours after the arrival of a domestic flight or 12 hours 

14 after the arrival of an international flight. 

15 (b) EXCEPTION.—If as part of the rulemaking the Sec16 retary makes a determination on the record that a require17 ment under subsection (a) is unfeasible and will negatively 

18 affect consumers in certain cases, the Secretary may modify 

19 1 or both of the deadlines in that subsection for such cases, 

20 except that— 

21 (1) the deadline relating to a domestic flight 

22 may not exceed 12 hours after the arrival of the do23 mestic flight; and 

24 (2) the deadline relating to an international 

25 flight may not exceed 24 hours after the arrival of the 

26 international flight. 
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1 SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE NOT HON2 ORED BY A COVERED AIR CARRIER. 

3 Not later than 1 year after the date of enactment of 

4 this Act, the Secretary of Transportation shall promulgate 

5 regulations that require each covered air carrier to prompt6 ly provide an automatic refund to a passenger of any ancil7 lary fees paid for services that the passenger does not re8 ceive, including on the passenger’s scheduled flight, on a 

9 subsequent replacement itinerary if there has been a re10 scheduling, or for a flight not taken by the passenger. 

11 SEC. 3111. DISCLOSURE OF FEES TO CONSUMERS. 

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

13 of enactment of this Act, the Secretary of Transportation 

14 shall issue final regulations requiring— 

15 (1) each covered air carrier to disclose to a con16 sumer the baggage fee, cancellation fee, change fee, 

17 ticketing fee, and seat selection fee of that covered air 

18 carrier in a standardized format; and 

19 (2) notwithstanding the manner in which infor20 mation regarding the fees described in paragraph (1) 

21 is collected, each ticket agent to disclose to a consumer 

22 such fees of a covered air carrier in the standardized 

23 format described in paragraph (1). 

24 (b) REQUIREMENTS.—The regulations under sub25 section (a) shall require that each disclosure— 
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1 (1) if ticketing is done on an Internet Web site 

2 or other online service— 

3 (A) be prominently displayed to the con4 sumer prior to the point of purchase; and 

5 (B) set forth the fees described in subsection 

6 (a)(1) in clear and plain language and a font of 

7 easily readable size; and 

8 (2) if ticketing is done on the telephone, be ex9 pressly stated to the consumer during the telephone 

10 call and prior to the point of purchase. 

11 SEC. 3112. SEAT ASSIGNMENTS. 

12 (a) IN GENERAL.—Not later than 15 months after the 

13 date of enactment of this Act, the Secretary of Transpor14 tation shall complete such actions as may be necessary to 

15 require each covered air carrier and ticket agent to disclose 

16 to a consumer that seat selection for which a fee is charged 

17 is an optional service, and that if a consumer does not pay 

18 for a seat assignment, a seat will be assigned to the con19 sumer from available inventory at the time the consumer 

20 checks in for the flight or prior to departure. 

21 (b) REQUIREMENTS.—The disclosure under subsection 

22 (a) shall— 

23 (1) if ticketing is done on an Internet Web site 

24 or other online service, be prominently displayed to 

25 the consumer on that Internet Web site or online serv-
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1 ice during the selection of seating or prior to the 

2 point of purchase; and 

3 (2) if ticketing is done on the telephone, be ex4 pressly stated to the consumer during the telephone 

5 call and prior to the point of purchase. 

6 SEC. 3113. LASTING IMPROVEMENTS TO FAMILY TRAVEL. 

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

8 ‘‘Lasting Improvements to Family Travel Act’’ or the 

9 ‘‘LIFT Act’’. 

10 (b) ACCOMPANYING MINORS FOR SECURITY SCREEN11 ING.—The Administrator of the Transportation Security 

12 Administration shall formalize security screening proce13 dures that allow for one adult family caregiver to accom14 pany a minor child throughout the entirety of the security 

15 screening process. 

16 (c) SPECIAL ACCOMMODATIONS FOR PREGNANT

17 WOMEN.—Not later than 180 days after the date of the en18 actment of this Act, the Secretary of Transportation shall 

19 review and, if appropriate, prescribe regulations that direct 

20 all air carriers to include pregnant women in their policies 

21 with respect to preboarding or advance boarding of aircraft. 

22 (d) FAMILY SEATING.—Not later than 1 year after the 

23 date of the enactment of this Act, the Secretary shall review 

24 and, if appropriate, establish a policy directing all air car25 riers to ensure that, if a family is traveling on a reservation 
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1 with a child under the age of 13, that child is able to sit 

2 in a seat adjacent to the seat of an accompanying family 

3 member over the age of 13, to the maximum extent prac4 ticable, at no additional cost. 

5 SEC. 3114. CONSUMER COMPLAINT PROCESS IMPROVE6 MENT. 

7 (a) IN GENERAL.—Section 42302 is amended— 

8 (1) by redesignating subsections (b) and (c) as 

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

10 (2) by inserting after subsection (a), the fol11 lowing: 

12 ‘‘(b) POINT OF SALE.—Each air carrier, foreign air 

13 carrier, and ticket agent shall inform each consumer of a 

14 carrier service, at the point of sale, that the consumer can 

15 file a complaint about that service with the carrier and with 

16 the Aviation Consumer Protection Division of the Depart17 ment of Transportation.’’; 

18 (3) by amending subsection (c), as redesignated, 

19 to read as follows: 

20 ‘‘(c) INTERNET WEB SITE OR OTHER ONLINE SERVICE

21 NOTICE.—Each air carrier and foreign air carrier shall in22 clude on its Internet Web site, any related mobile device 

23 application, and online service— 

24 ‘‘(1) the hotline telephone number established 

25 under subsection (a) or for the Aviation Consumer 
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1 Protection Division of the Department of Transpor2 tation; 

3 ‘‘(2) an active link and the email address, tele4 phone number, and mailing address of the air carrier 

5 or foreign air carrier, as applicable, for a consumer 

6 to submit a complaint to the carrier about the quality 

7 of service; 

8 ‘‘(3) notice that the consumer can file a com9 plaint with the Aviation Consumer Protection Divi10 sion of the Department of Transportation; 

11 ‘‘(4) an active link to the Internet Web site of the 

12 Aviation Consumer Protection Division of the Depart13 ment of Transportation for a consumer to file a com14 plaint; and 

15 ‘‘(5) the active link described in paragraph (2) 

16 on the same Internet Web site page as the active link 

17 described in paragraph (4).’’; and 

18 (4) in subsection (d), as redesignated— 

19 (A) in the matter preceding paragraph (1), 

20 by striking ‘‘An air carrier or foreign air carrier 

21 providing scheduled air transportation using 

22 any aircraft that as originally designed has a 

23 passenger capacity of 30 or more passenger 

24 seats’’ and inserting ‘‘Each air carrier and for25 eign air carrier’’; 
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1 (B) in paragraph (1), by striking ‘‘air car2 rier’’ and inserting ‘‘carrier’’; and 

3 (C) in paragraph (2), by striking ‘‘air car4 rier’’ and inserting ‘‘carrier’’. 

5 (b) RULEMAKING.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary of Transportation 

7 shall promulgate regulations to implement the requirements 

8 of section 42302 of title 49, United States Code, as amend9 ed. 

10 SEC. 3115. ONLINE ACCESS TO AVIATION CONSUMER PRO11 TECTION INFORMATION. 

12 (a) INTERNET WEB SITE.—Not later than 180 days 

13 after the date of enactment of this Act, the Secretary of 

14 Transportation shall— 

15 (1) complete an evaluation of the aviation con16 sumer protection portion of the Department of Trans17 portation’s public Internet Web site to identify any 

18 changes to the user interface that will improve 

19 usability, accessibility, consumer satisfaction, and 

20 Web site performance; 

21 (2) in completing the evaluation under para22 graph (1)— 

23 (A) consider the best practices of other Fed24 eral agencies with effective Web sites; and 
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1 (B) consult with the Federal Web Managers 

2 Council; 

3 (3) develop a plan, including an implementation 

4 timeline, for— 

5 (A) making the changes identified under 

6 paragraph (1); and 

7 (B) making any necessary changes to that 

8 portion of the Web site that will enable a con9 sumer— 

10 (i) to access information regarding 

11 each complaint filed with the Aviation Con12 sumer Protection Division of the Depart13 ment of Transportation; 

14 (ii) to search the complaints described 

15 in clause (i) by the name of the air carrier, 

16 the dates of departure and arrival, the air17 ports of origin and departure, and the type 

18 of complaint; and 

19 (iii) to determine the date a complaint 

20 was filed and the date a complaint was re21 solved; and 

22 (4) submit the evaluation and plan to appro23 priate committees of Congress. 
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1 (b) MOBILE APPLICATION SOFTWARE.—Not later than 

2 1 year after the date of enactment of this Act, the Secretary 

3 of Transportation shall— 

4 (1) implement a program to develop application 

5 software for wireless devices that will enable a user to 

6 access information and perform activities related to 

7 aviation consumer protection, such as— 

8 (A) information regarding airline passenger 

9 protections, including protections related to lost 

10 baggage and baggage fees, disclosure of addi11 tional fees, bumping, cancelled or delayed flights, 

12 damaged or lost baggage, and tarmac delays; 

13 and 

14 (B) file an aviation consumer complaint, 

15 including a safety and security, airline service, 

16 disability and discrimination, or privacy com17 plaint, with the Aviation Consumer Protection 

18 Division of the Department of Transportation; 

19 and 

20 (2) make the application software available to 

21 the public at no cost. 

22 SEC. 3116. STUDY ON IN CABIN WHEELCHAIR RESTRAINT 

23 SYSTEMS. 

24 Not later than 2 years after the date of enactment of 

25 this Act, the Architectural and Transportation Barriers 
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1 Compliance Board, in consultation with the Secretary of 

2 Transportation, shall conduct a study to determine the 

3 ways in which particular individuals with significant dis4 abilities who use wheelchairs, including power wheelchairs, 

5 can be accommodated through in cabin wheelchair restraint 

6 systems. 

7 SEC. 3117. TRAINING POLICIES REGARDING ASSISTANCE 

8 FOR PERSONS WITH DISABILITIES. 

9 (a) IN GENERAL.—Not later than 270 days after the 

10 date of enactment of this Act, the Comptroller General of 

11 the United States shall submit to Congress a report describ12 ing— 

13 (1) each air carrier’s training policy for its per14 sonnel and contractors regarding assistance for per15 sons with disabilities, as required by Department of 

16 Transportation regulations; 

17 (2) any variations among the air carriers in the 

18 policies described in paragraph (1); 

19 (3) how the training policies are implemented to 

20 meet the Department of Transportation regulations; 

21 (4) how frequently an air carrier must train 

22 new employees and contractors due to turnover in po23 sitions that require such training; 

24 (5) how frequently, in the prior 10 years, the De25 partment of Transportation has requested, after re-
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1 viewing a training policy, that an air carrier take 

2 corrective action; and 

3 (6) the action taken by an air carrier under 

4 paragraph (5). 

5 (b) BEST PRACTICES.—After the date the report is sub6 mitted under subsection (a), the Secretary of Transpor7 tation, based on the findings of the report, shall develop and 

8 disseminate to air carriers such best practices as the Sec9 retary considers necessary to improve the training policies. 

10 SEC. 3118. ADVISORY COMMITTEE ON THE AIR TRAVEL 

11 NEEDS OF PASSENGERS WITH DISABILITIES. 

12 (a) ESTABLISHMENT.—The Secretary of Transpor13 tation shall establish an advisory committee for the air 

14 travel needs of passengers with disabilities (referred to in 

15 this section as the ‘‘Advisory Committee’’). 

16 (b) DUTIES.—The Advisory Committee shall advise the 

17 Secretary with regard to the implementation of the Air Car18 rier Access Act of 1986 (Public Law 99–435; 100 Stat. 

19 1080), including— 

20 (1) assessing the disability-related access barriers 

21 encountered by passengers with disabilities; 

22 (2) determining the extent to which the programs 

23 and activities of the Department of Transportation 

24 are addressing the barriers described in paragraph 

25 (1); 
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1 (3) recommending improvements to the air travel 

2 experience of passengers with disabilities; and 

3 (4) such activities as the Secretary considers nec4 essary to carry out this section. 

5 (c) MEMBERSHIP.— 

6 (1) IN GENERAL.—The Advisory Committee shall 

7 be comprised of at least 1 representative of each of the 

8 following groups: 

9 (A) Passengers with disabilities. 

10 (B) National disability organizations. 

11 (C) Air carriers. 

12 (D) Airport operators. 

13 (E) Contractor service providers. 

14 (2) APPOINTMENT.—The Secretary of Transpor15 tation shall appoint each member of the Advisory 

16 Committee. 

17 (3) VACANCIES.—A vacancy in the Advisory 

18 Committee shall be filled in the manner in which the 

19 original appointment was made. 

20 (d) CHAIRPERSON.—The Secretary of Transportation 

21 shall designate, from among the members appointed under 

22 subsection (c), an individual to serve as chairperson of the 

23 Advisory Committee. 

24 (e) TRAVEL EXPENSES.—Members of the advisory 

25 committee shall serve without pay, but shall receive travel 
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1 expenses, including per diem in lieu of subsistence, in ac2 cordance with subchapter I of chapter 57 of title 5, United 

3 States Code. 

4 (f) REPORTS.— 

5 (1) IN GENERAL.—Not later than February 1 of 

6 each year, the Advisory Committee shall submit to the 

7 Secretary of Transportation a report on the needs of 

8 passengers with disabilities in air travel, including— 

9 (A) an assessment of disability-related ac10 cess barriers, both those that were evident in the 

11 preceding year and those that will likely be an 

12 issue in the next 5 years; 

13 (B) an evaluation of the extent to which the 

14 Department of Transportation’s programs and 

15 activities are eliminating disability-related ac16 cess barriers; 

17 (C) a description of the Advisory Commit18 tee’s actions during the prior calendar year; 

19 (D) a description of activities that the Advi20 sory Committee proposed to undertake in the 

21 succeeding calendar year; and 

22 (E) any recommendations for legislation, 

23 administrative action, or other action that the 

24 Advisory Committee considers appropriate. 
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1 (2) REPORT TO CONGRESS.—Not later than 60 

2 days after the date the Secretary receives the report 

3 under subparagraph (A), the Secretary shall submit 

4 to Congress a copy of the report, including any addi5 tional findings or recommendations that the Sec6 retary considers appropriate. 

7 (g) TERMINATION.—The Advisory Committee shall ter8 minate 2 years after the date of enactment of this Act. 

9 SEC. 3119. REPORT ON COVERED AIR CARRIER CHANGE, 

10 CANCELLATION, AND BAGGAGE FEES. 

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

12 United States shall conduct a study of existing airline in13 dustry change, cancellation, and bag fees and the current 

14 industry practice for handling changes to or cancellation 

15 of ticketed travel on covered air carriers. 

16 (b) CONSIDERATIONS.—In conducting the study, the 

17 Comptroller General shall consider, at a minimum— 

18 (1) whether and how each covered air carrier 

19 calculates its change fees, cancellation fees, and bag 

20 fees; and 

21 (2) the relationship between the cost of the ticket 

22 and the date of change or cancellation as compared 

23 to the date of travel. 

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

25 enactment of this Act, the Comptroller General shall submit 
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1 to the appropriate committees of Congress a report on the 

2 study, including the Comptroller General’s findings, conclu3 sions, and recommendations. 

4 SEC. 3120. ENFORCEMENT OF AVIATION CONSUMER PRO5 TECTION RULES. 

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

7 United States shall conduct a study to consider and evalu8 ate Department of Transportation enforcement of aviation 

9 consumer protection rules. 

10 (b) CONTENTS.—The study under subsection (a) shall 

11 include an evaluation of— 

12 (1) available enforcement mechanisms; 

13 (2) any obstacles to enforcement; and 

14 (3) trends in Department of Transportation en15 forcement actions. 

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

17 enactment of this Act, the Comptroller General shall submit 

18 to the appropriate committees of Congress a report on the 

19 study, including the Comptroller General’s findings, conclu20 sions, and recommendations. 

21 SEC. 3121. DIMENSIONS FOR PASSENGER SEATS. 

22 (a) IN GENERAL.—Not later than 18 months after the 

23 date of enactment of this Act, the Secretary of Transpor24 tation shall initiate a proceeding to study the minimum 

25 seat pitch for passenger seats on aircraft operated by air 
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1 carriers (as defined in section 40102 of title 49, United 

2 States Code). 

3 (b) CONSIDERATIONS.—In reviewing any minimum 

4 seat pitch under subsection (a), the Secretary shall consider 

5 the safety of passengers, including passengers with disabil6 ities. 

7 SEC. 3122. CELL PHONE VOICE COMMUNICATIONS. 

8 (a) IN GENERAL.—Subchapter I of chapter 417, as 

9 amended by section 2307 of this Act, is further amended 

10 by adding at the end the following: 

11 ‘‘§ 41726. Cell phone voice communications 

12 ‘‘(a) PROHIBITION AUTHORITY.—The Secretary of 

13 Transportation may issue regulations— 

14 ‘‘(1) to prohibit an individual on an aircraft 

15 from engaging in voice communications using a mo16 bile communications device during a flight of that 

17 aircraft in scheduled passenger interstate or intra18 state air transportation; and 

19 ‘‘(2) that exempt from the prohibition described 

20 in paragraph (1)— 

21 ‘‘(A) any member of the flight crew on duty 

22 on an aircraft; 

23 ‘‘(B) any flight attendant on duty on an 

24 aircraft; and 
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1 ‘‘(C) any Federal law enforcement officer 

2 acting in an official capacity. 

3 ‘‘(b) DEFINITIONS.—In this section: 

4 ‘‘(1) FLIGHT.—The term ‘flight’ means, with re5 spect to an aircraft, the period beginning when the 

6 aircraft takes off and ending when the aircraft lands. 

7 ‘‘(2) MOBILE COMMUNICATIONS DEVICE.— 

8 ‘‘(A) IN GENERAL.—The term ‘mobile com9 munications device’ means any portable wireless 

10 telecommunications equipment utilized for the 

11 transmission or reception of voice data. 

12 ‘‘(B) LIMITATION.—The term ‘mobile com13 munications device’ does not include a phone in14 stalled on an aircraft.’’. 

15 (b) TABLE OF CONTENTS.—The table of contents at the 

16 beginning of chapter 417, as amended by section 2307 of 

17 this Act, is further amended by inserting after the item re18 lating to section 41725 the following: 

‘‘41726. Cell phone voice communications.’’. 

19 SEC. 3123. AVAILABILITY OF SLOTS FOR NEW ENTRANT AIR 

20 CARRIERS AT NEWARK LIBERTY INTER21 NATIONAL AIRPORT. 

22 (a) DEFINITIONS.—The terms ‘‘new entrant air car23 rier’’ and ‘‘slot’’ have the meanings given those terms in 

24 section 41714(h) of title 49, United States Code. 
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1 (b) SLOTS FOR NEW ENTRANT AIR CARRIERS.—The 

2 Secretary shall, annually, by granting exemptions from the 

3 requirements under part 93 of title 14, Code of Federal Reg4 ulations, or by other means, make not less than 8 slots at 

5 Newark Liberty International Airport available to enable 

6 new entrant air carriers to provide air transportation. 

7 (c) APPLICABILITY.—Subsection (a) shall not apply in 

8 any year— 

9 (1) new entrant air carriers operate 5 percent or 

10 more of the total number of slots at Newark Liberty 

11 International Airport; or 

12 (2) the Secretary makes a determination that 

13 making slots available to enable new entrant air car14 riers to provide air transportation at that airport is 

15 not in the public interest and doing so would signifi16 cantly increase operational delays. 

17 (d) REPORT TO CONGRESS.—The Secretary shall no18 tify the Committee on Commerce, Science, and Transpor19 tation of the Senate and the Committee on Transportation 

20 and Infrastructure of the House of Representatives not later 

21 than 14 calendar days after the date a determination is 

22 made under subsection (c)(2), including the reasons for that 

23 determination. 
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1 Subtitle B—Essential Air Service 

2 SEC. 3201. ESSENTIAL AIR SERVICE. 

3 (a) AUTHORIZATION EXTENSION.—Section 41742(a) 

4 is amended— 

5 (1) in paragraph (2), by striking 

6 ‘‘$150,000,000’’ and all that follows though ‘‘July 15, 

7 2016’’ and inserting ‘‘$155,000,000 for each of fiscal 

8 years 2016 through 2017’’; and 

9 (2) by striking paragraph (3). 

10 (b) DEFINITIONS.—Section 41731(a)(1)(A) is amended 

11 by striking clause (ii) and inserting the following: 

12 ‘‘(ii) was determined, on or after Octo13 ber 1, 1988, and before December 1, 2012, 

14 under this subchapter by the Secretary of 

15 Transportation to be eligible to receive sub16 sidized small community air service under 

17 section 41736(a);’’. 

18 (c) SEASONAL SERVICE.—The Secretary of Transpor19 tation may consider the flexibility of current operational 

20 dates and airport accessibility to meet local community 

21 needs when issuing requests for proposal of essential air 

22 service at seasonal airports. 
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1 SEC. 3202. SMALL COMMUNITY AIR SERVICE DEVELOPMENT 

2 PROGRAM. 

3 (a) EXTENSION OF AUTHORIZATION.—Section 

4 41743(e)(2) is amended to read as follows: 

5 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to the Sec7 retary $10,000,000 for each of fiscal years 2016 

8 through 2017 to carry out this section. Such sums 

9 shall remain available until expended.’’. 

10 (b) ELIGIBILITY.—Section 41743(c)(1) is amended to 

11 read as follows: 

12 ‘‘(1) SIZE.—On the date of the most recent no13 tice of order soliciting community proposals issued by 

14 the Secretary under this section, the airport serving 

15 the community or consortium— 

16 ‘‘(A) was not larger than a small hub air17 port, as determined using the Department of 

18 Transportation’s most recent published classi19 fication; and 

20 ‘‘(B)(i) had insufficient air carrier service; 

21 or 

22 ‘‘(ii) had unreasonably high air fares.’’. 

23 SEC. 3203. SMALL COMMUNITY PROGRAM AMENDMENTS. 

24 (a) IN GENERAL.—Section 41743(c)(4) is amended— 

25 (1) by inserting ‘‘(B) SAME PROJECTS.—’’ before 

26 the second sentence and indenting appropriately; 
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1 (2) by inserting ‘‘(A) IN GENERAL.—’’ before the 

2 first sentence and indenting appropriately; 

3 (3) in subparagraph (B), as designated by this 

4 subsection, by striking ‘‘No community’’ and insert5 ing ‘‘Except as provided in subparagraph (C)’’; and 

6 (4) by adding at the end the following: 

7 ‘‘(C) EXCEPTION.—The Secretary may 

8 waive the limitation under subparagraph (B) re9 lated to projects that are the same if the Sec10 retary determines that the community or consor11 tium spent little or no money on its previous 

12 project or encountered industry or environmental 

13 challenges, due to circumstances that were rea14 sonably beyond the control of the community or 

15 consortium.’’. 

16 (b) AUTHORITY TO MAKE AGREEMENTS.—Section 

17 41743(e)(1) is amended by adding at the end the following: 

18 ‘‘The Secretary may amend the scope of a grant agreement 

19 at the request of the community or consortium and any par20 ticipating air carrier, and may limit the scope of a grant 

21 agreement to only the elements using grant assistance or 

22 to only the elements achieved, if the Secretary determines 

23 that the amendment is reasonably consistent with the origi24 nal purpose of the project.’’. 
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1 SEC. 3204. WAIVERS. 

2 Section 41732 is amended by adding at the end the 

3 following: 

4 ‘‘(c) WAIVERS.—Notwithstanding section 41733(e), 

5 upon request by an eligible place, the Secretary may waive, 

6 in whole or in part, subsections (a) and (b) of this section 

7 or subsections (a) through (c) of section 41734. A waiver 

8 issued under this subsection shall remain in effect for a lim9 ited period of time, as determined by the Secretary.’’. 

10 SEC. 3205. WORKING GROUP ON IMPROVING AIR SERVICE 

11 TO SMALL COMMUNITIES. 

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

13 date of enactment of this Act, the Secretary of Transpor14 tation and the Administrator of the Federal Aviation Ad15 ministration shall establish a working group— 

16 (1) to identify obstacles to attracting and main17 taining air transportation service to and from small 

18 communities; and 

19 (2) to develop recommendations for maintaining 

20 and improving air transportation service to and from 

21 small communities. 

22 (b) OUTREACH.—In carrying out the requirements 

23 under paragraphs (1) and (2) of subsection (a), the working 

24 group shall consult with— 

25 (1) interested Governors; 
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1 (2) representatives of State and local agencies, 

2 and other officials and groups, representing rural 

3 States and other rural areas; 

4 (3) other representatives of relevant State and 

5 local agencies; and 

6 (4) members of the public with experience in 

7 aviation safety, pilot training, economic development, 

8 and related issues. 

9 (c) CONSIDERATIONS.—In carrying out the require10 ments under paragraphs (1) and (2) of subsection (a), the 

11 working group shall— 

12 (1) consider whether funding for, and terms of, 

13 current or potential new programs is sufficient to 

14 help ensure continuation of or improvement to air 

15 transportation service to small communities, includ16 ing the Essential Air Service Program and the Small 

17 Community Air Service Development Program; 

18 (2) identify initiatives to help support pilot 

19 training to provide air transportation service to 

20 small communities; 

21 (3) consider whether Federal funding for airports 

22 serving small communities, including airports that 

23 have lost air transportation services or had decreased 

24 enplanements in recent years, is adequate to ensure 
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1 that small communities have access to quality, afford2 able air transportation service; 

3 (4) consider potential improvements in pilot 

4 training and any constraints affecting pilot career 

5 pathways that, if addressed, would increase both avia6 tion safety and pilot supply; 

7 (5) identify innovative State or local efforts that 

8 have established public-private partnerships that are 

9 successful in attracting and retaining air transpor10 tation service in small communities; and 

11 (6) consider such other issues as the Secretary 

12 and Administrator consider appropriate. 

13 (d) COMPOSITION.— 

14 (1) IN GENERAL.—The working group shall be 

15 facilitated through the Administrator or the Adminis16 trator’s designee. 

17 (2) MEMBERSHIP.—Members of the working 

18 group shall be appointed by the Administrator and 

19 shall include representatives of— 

20 (A) State and local government, including 

21 State and local aviation officials; 

22 (B) State Governors; 

23 (C) aviation safety experts; 

24 (D) economic development officials; and 
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1 (E) the traveling public from small commu2 nities. 

3 (e) REPORT AND RECOMMENDATIONS.—Not later than 

4 1 year after the date of enactment of this Act, the Secretary 

5 and the Administrator shall submit to the appropriate com6 mittees of Congress a report, including— 

7 (1) a summary of the views expressed by the par8 ticipants in the outreach under subsection (b); 

9 (2) a description of the working group’s findings, 

10 including the identification of any areas of general 

11 consensus among the non-Federal participants in the 

12 outreach under subsection (b); and 

13 (3) any recommendations for legislative or regu14 latory action that would assist in maintaining and 

15 improving air transportation service to and from 

16 small communities. 

17 TITLE IV—NEXTGEN AND FAA 

18 ORGANIZATION 

19 SEC. 4001. DEFINITIONS. 

20 In this title: 

21 (1) ADMINISTRATION.—The term ‘‘Administra22 tion’’ means the Federal Aviation Administration. 

23 (2) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Federal Avia25 tion Administration. 
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1 (3) ADS–B.—The term ‘‘ADS–B’’ means auto2 matic dependent surveillance-broadcast. 

3 (4) ADS–B OUT.—The term ‘‘ADS–B Out’’ 

4 means automatic dependent surveillance-broadcast 

5 with the ability to transmit information from the air6 craft to ground stations and to other equipped air7 craft. 

8 (5) NEXTGEN.—The term ‘‘NextGen’’ means the 

9 Next Generation Air Transportation System. 

10 Subtitle A—Next Generation Air 

11 Transportation System 

12 SEC. 4101. RETURN ON INVESTMENT ASSESSMENT. 

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

14 of enactment of this Act, the Administrator shall submit 

15 to the appropriate committees of Congress a report on the 

16 Administrator’s assessment of each NextGen program. 

17 (b) CONTENTS.—The report under subsection (a) shall 

18 include— 

19 (1) an estimate of the date that each NextGen 

20 program will have a positive return on investment; 

21 (2) an assessment of the impacts of each such 

22 program for— 

23 (A) the Federal Government; and 

24 (B) the users of the national airspace sys25 tem; 
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1 (3) a description of how each such program di2 rectly contributes to a more safe and efficient air traf3 fic control system; and 

4 (4) the status of NextGen programs and of the 

5 projected return on investment for each such program. 

6 (c) NEXTGEN PRIORITY LIST.—Based on the assess7 ment under subsection (a) the Administrator shall— 

8 (1) develop, in coordination with the NextGen 

9 Advisory Committee and considering the need for a 

10 balance between long-term and near-term user bene11 fits, a prioritization of each NextGen program; 

12 (2) include the priority list in the report under 

13 subsection (b); and 

14 (3) prepare budget submissions to reflect the cur15 rent status of NextGen programs and projected re16 turns on investment for each program. 

17 (d) DEFINITIONS.—In this section: 

18 (1) KEY MILESTONES.—The term ‘‘key mile19 stones’’ includes cost and deployment schedule, and 

20 benefits anticipated in the most recent baseline. 

21 (2) RETURN ON INVESTMENT.—The term ‘‘return 

22 on investment’’ means the cost associated with tech23 nologies that are required by law or policy as com24 pared to the benefits derived from such technologies by 

25 a government or a user of airspace. 
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1 (e) REPEAL OF NEXTGEN PRIORITIES.—Section 202 

2 of the FAA Modernization and Reform Act of 2012 (Public 

3 Law 112–95; 49 U.S.C. 40101 note) and the item relating 

4 to that section in the table of contents under section 1(b) 

5 of that Act are repealed. 

6 SEC. 4102. ENSURING FAA READINESS TO USE NEW TECH7 NOLOGY. 

8 (a) IN GENERAL.—Not later than December 31, 2017, 

9 the Administrator shall— 

10 (1) ensure the capability of the Administration 

11 to receive space-based ADS–B data; and 

12 (2) use the data described under paragraph (1) 

13 to provide positive air traffic control, including sepa14 ration of aircraft over the oceans and other specific 

15 regions not covered by radar. 

16 (b) REPORT.—Not later than 6 months after the date 

17 of enactment of this Act, and biannually thereafter until 

18 the date that the Administrator certifies that the Adminis19 tration has the capability to receive space-based ADS–B 

20 data, the Administrator shall submit to the appropriate 

21 committees of Congress a report that— 

22 (1) details the actions the Administrator has 

23 taken to ensure 2018 readiness and usage; 

24 (2) details the actions that remain to be taken to 

25 implement such capability; 
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1 (3) includes a schedule for expected completion of 

2 each outstanding action described in paragraph (2); 

3 and 

4 (4) includes a detailed description of the invest5 ment decisions and requests for funding made by the 

6 Administrator that are consistent with the terrestrial 

7 ADS–B implementation to ensure a sustained pro8 gram beyond 2018. 

9 SEC. 4103. NEXTGEN ANNUAL PERFORMANCE GOALS. 

10 (a) ANNUAL PERFORMANCE GOALS.—Section 214 of 

11 the FAA Modernization and Reform Act of 2012 (Public 

12 Law 112–95; 49 U.S.C. 40101 note) is amended— 

13 (1) by redesignating subsection (d) as subsection 

14 (e); and 

15 (2) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) ANNUAL PERFORMANCE GOALS.—The Adminis18 trator shall establish annual NextGen performance goals for 

19 each of the performance metrics set forth in subsection (a) 

20 to meet the performance metric baselines identified under 

21 subsection (b). Such goals shall be consistent with the an22 nual performance objectives established by the senior policy 

23 committee (commonly known as the ‘NextGen Advisory 

24 Committee’) established under section 710 of the Vision 
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1 100—Century of Aviation Reauthorization Act (Public 

2 Law 108–176; 49 U.S.C. 40101 note).’’. 

3 (b) NEXTGEN METRICS REPORT.—Section 710(e)(2) of 

4 the Vision 100—Century of Aviation Reauthorization Act 

5 (Public Law 108–176; 49 U.S.C. 40101 note) is amended— 

6 (1) in subparagraph (D), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

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

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

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

11 ‘‘(F) a description of the progress made in 

12 meeting the annual NextGen performance goals 

13 relative to the performance metrics established 

14 under section 214 of the FAA Modernization and 

15 Reform Act of 2012 (Public Law 112–95; 49 

16 U.S.C. 40101 note).’’. 

17 (c) CHIEF NEXTGEN OFFICER.—Section 106(s)(3) is 

18 amended— 

19 (1) in paragraph (2)(B), by adding at the end 

20 the following: ‘‘In evaluating the performance of the 

21 Chief NextGen Officer for the purpose of awarding a 

22 bonus under this subparagraph, the Administrator 

23 shall consider the progress toward meeting the 

24 NextGen performance goals established pursuant to 

25 section 214(d) of the FAA Modernization and Reform 
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1 Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 

2 note).’’; and 

3 (2) in paragraph (3), by adding at the end the 

4 following: ‘‘The annual performance goals set forth in 

5 the agreement shall include quantifiable NextGen air6 space performance objectives regarding efficiency, pro7 ductivity, capacity, and safety, which shall be estab8 lished by the senior policy committee (commonly 

9 known as the ‘NextGen Advisory Committee’) estab10 lished under section 710 of the Vision 100—Century 

11 of Aviation Reauthorization Act (Public Law 108– 

12 176; 49 U.S.C. 40101 note).’’. 

13 SEC. 4104. FACILITY OUTAGE CONTINGENCY PLANS. 

14 (a) FINDINGS.—Congress makes the following findings: 

15 (1) On September 26, 2014, an Administration 

16 contract employee deliberately started a fire that de17 stroyed critical equipment at the Administration’s 

18 Chicago Air Route Traffic Control Center (referred to 

19 in this section as the ‘‘Chicago Center’’) in Aurora, 

20 Illinois. 

21 (2) As a result of the damage, Chicago Center 

22 was unable to control air traffic for more than 2 

23 weeks, thousands of flights were delayed or cancelled 

24 into and out of O’Hare International Airport and 
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1 Midway Airport in Chicago, and aviation stake2 holders and airlines reportedly lost over $350,000,000. 

3 (3) According to the Office of the Inspector Gen4 eral of the Department of Transportation, the fire at 

5 Chicago Center demonstrated that the Administra6 tion’s contingency plans for the Chicago Center and 

7 the airspace it controls do not ensure redundancy and 

8 resiliency for sustained operations. 

9 (4) Further, the Inspector General found that 

10 Chicago Center incident highlighted the limited flexi11 bility and lack of resiliency in critical elements of the 

12 Administration’s current air traffic control infra13 structure, including limited communication capacity 

14 and the inability to easily transfer control of airspace 

15 and flight plans. 

16 (b) COMPREHENSIVE CONTINGENCY PLAN.—Not later 

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

18 Administrator shall update the Administration’s com19 prehensive contingency plan to address potential air traffic 

20 facility outages that could have a major impact on oper21 ation of the national airspace system. 

22 (c) REPORT.—Not later than 60 days after the date 

23 the plan is updated under subsection (b), the Administrator 

24 shall submit to the appropriate committees of Congress a 

25 report on the update, including any recommendations for 
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1 ensuring air traffic facility outages do not have a major 

2 impact on operation of the national airspace system. 

3 SEC. 4105. ADS–B MANDATE ASSESSMENT. 

4 (a) ASSESSMENT.—Not later than 1 year after the date 

5 of enactment of this Act, the Inspector General of the De6 partment of Transportation shall assess— 

7 (1) Administration and industry readiness to 

8 meet the ADS–B mandate by 2020; 

9 (2) changes to ADS–B program since May 2010; 

10 and 

11 (3) additional options to comply with the man12 date and consequences, both for individual system 

13 users and for the overall safety and efficiency of the 

14 national airspace system, for noncompliance. 

15 (b) REPORT.—Not later than 60 days after the date 

16 the assessment under subsection (a) is complete, the Inspec17 tor General of the Department of Transportation shall sub18 mit to the appropriate committees of Congress a report on 

19 the progress made toward meeting the ADS–B mandate by 

20 2020, including any recommendations of the Inspector Gen21 eral to carry out such mandate. 

22 SEC. 4106. NEXTGEN INTEROPERABILITY. 

23 (a) IN GENERAL.—To implement a more effective 

24 international strategy for achieving NextGen interoper-
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1 ability with foreign countries, the Administrator shall take 

2 the following actions: 

3 (1) Conduct a gap analysis to identify potential 

4 risks to NextGen interoperability with other Air 

5 Navigation Service Providers and establish a schedule 

6 for periodically reevaluating such risks. 

7 (2) Develop a plan that identifies and documents 

8 actions the Administrator will undertake to mitigate 

9 such risks, using information from the gap analysis 

10 as a basis for making management decisions about 

11 how to allocate resources for such actions. 

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

13 enactment of this Act, the Administrator shall submit to 

14 the appropriate committees of Congress a report on the 

15 analysis conducted under paragraph (1) of subsection (a) 

16 and on the actions the Administrator has taken under para17 graph (2) of such subsection. 

18 SEC. 4107. NEXTGEN TRANSITION MANAGEMENT. 

19 (a) IN GENERAL.—The Administrator shall— 

20 (1) identify and analyze technical and oper21 ational maturity gaps in NextGen transition and im22 plementation plans; and 

23 (2) develop a plan to mitigate the gaps identified 

24 in paragraph (1). 
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1 (b) REPORT.—Not later than 1 year after the date of 

2 enactment of this Act, the Administrator shall submit to 

3 the appropriate committees of Congress a report on the ac4 tions taken to carry out the plan required by subsection 

5 (a)(2). 

6 SEC. 4108. IMPLEMENTATION OF NEXTGEN OPERATIONAL 

7 IMPROVEMENTS. 

8 (a) IN GENERAL.—To help ensure that NextGen oper9 ational improvements are fully implemented in the mid10 term, the Administrator shall— 

11 (1) work with airlines and other users of the na12 tional airspace system (referred to in this section as 

13 ‘‘NAS’’) to develop and implement a system to sys14 tematically track the use of existing performance 

15 based navigation (referred to in this section as 

16 ‘‘PBN’’) procedures; 

17 (2) require consideration of other key operational 

18 improvements in planning for NextGen improve19 ments, including identifying additional metroplexes 

20 for PBN projects, non-metroplex PBN procedures, as 

21 well as the identification of unused flight routes for 

22 decommissioning; 

23 (3) develop and implement guidelines for ensur24 ing timely inclusion of appropriate stakeholders, in-
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1 cluding airport representatives, in the planning and 

2 implementation of NextGen improvement efforts; and 

3 (4) assure that NextGen planning documents 

4 provide stakeholders information on how and when 

5 operational improvements are expected to achieve 

6 NextGen goals and targets. 

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

8 enactment of this Act, the Administrator shall submit to 

9 the appropriate committees of Congress a report on the 

10 progress made toward implementing the requirements of 

11 subsection (a), and on the schedule and process that will 

12 be used to implement PBN at additional airports, including 

13 information on how the Administration will partner and 

14 coordinate with private industry to ensure expeditious im15 plementation of performance based navigation. 

16 SEC. 4109. CYBERSECURITY. 

17 (a) IN GENERAL.—The Administrator shall— 

18 (1) identify and implement ways to better incor19 porate cybersecurity measures as a systems char20 acteristic at all levels and phases of the architecture 

21 and design of air traffic control programs, including 

22 NextGen programs; 

23 (2) develop a threat model that will identify 

24 vulnerabilities to better focus resources to mitigate cy25 bersecurity risks; 
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1 (3) develop an appropriate plan to mitigate cy2 bersecurity risk, to respond to an attack, intrusion, or 

3 otherwise unauthorized access and to adapt to evolv4 ing cybersecurity threats; and 

5 (4) foster a cybersecurity culture throughout the 

6 Administration, including air traffic control pro7 grams and relevant contractors. 

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

9 enactment of this Act, the Administrator shall submit to 

10 the appropriate committees of Congress a report on the 

11 progress made toward implementing the requirements 

12 under subsection (a). 

13 SEC. 4110. SECURING AIRCRAFT AVIONICS SYSTEMS. 

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

15 Aviation Administration shall consider revising Federal 

16 Aviation Administration regulations regarding airworthi17 ness certification— 

18 (1) to address cybersecurity for avionics systems, 

19 including software components; and 

20 (2) to require that aircraft avionics systems used 

21 for flight guidance or aircraft control be secured 

22 against unauthorized access via passenger in-flight 

23 entertainment systems through such means as the Ad24 ministrator determines appropriate to protect the avi-
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1 onics systems from unauthorized external and inter2 nal access. 

3 (b) CONSIDERATION.—The Administrator’s consider4 ation and any action taken under subsection (a) shall be 

5 in accordance with the recommendations of the Aircraft 

6 Systems Information Security Protection Working Group 

7 under section 5029(d) of this Act. 

8 SEC. 4111. DEFINING NEXTGEN. 

9 Not later than 1 year after the date of enactment of 

10 this Act, the Comptroller General of the United States 

11 shall— 

12 (1) assess how the line items included in the Ad13 ministration’s NextGen budget request relate to the 

14 goals and expected outcomes of NextGen, including 

15 how NextGen programs directly contribute to a meas16 urably safer and more efficient air traffic control sys17 tem; and 

18 (2) submit to the appropriate committees of Con19 gress a report on the results of the assessment under 

20 paragraph (1), including any recommendations for 

21 the removal of line items that do not pertain to the 

22 overall vision for NextGen. 
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1 SEC. 4112. HUMAN FACTORS. 

2 (a) IN GENERAL.—In order to avoid having to subse3 quently modify products and services developed as a part 

4 of NextGen, the Administrator shall— 

5 (1) recognize and incorporate, in early design 

6 phases of all relevant NextGen programs, the human 

7 factors and procedural and airspace implications of 

8 stated goals and associated technical changes; and 

9 (2) ensure that a human factors specialist, sepa10 rate from the research and certification groups, is di11 rectly involved with the NextGen approval process. 

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

13 enactment of this Act, the Administrator shall submit to 

14 the appropriate committees of Congress a report on the 

15 progress made toward implementing the requirements 

16 under subsection (a). 

17 SEC. 4113. MAJOR ACQUISITION REPORTS. 

18 (a) IN GENERAL.—The Administrator shall evaluate 

19 the current acquisition practices of the Administration to 

20 ensure that such practices— 

21 (1) identify the current estimated costs for each 

22 acquisition system, including all segments; 

23 (2) separately identify cumulative amounts for 

24 acquisition costs, technical refresh, and other enhance25 ments in order to identify the total baselined and re26 baselined costs for each system; and 
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1 (3) account for the way funds are being used 

2 when reporting to managers, Congress, and other 

3 stakeholders. 

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

5 enactment of this Act, the Administrator shall submit to 

6 the appropriate committees of Congress a report on the 

7 progress made toward implementing the requirements 

8 under subsection (a). 

9 SEC. 4114. EQUIPAGE MANDATES. 

10 (a) IN GENERAL.—Before NextGen-related equipage 

11 mandates are imposed on users of the national airspace sys12 tem, the Administrator, in collaboration with all relevant 

13 stakeholders, shall— 

14 (1) provide a statement of estimated cost and 

15 benefits that is based upon mature and stable tech16 nical specifications; and 

17 (2) create a schedule for Administration 

18 deliverables and investments by both users and the 

19 Administration, including for procedure and airspace 

20 design, infrastructure deployment, and training. 

21 SEC. 4115. WORKFORCE. 

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

23 of enactment of this Act, the Administrator shall— 

24 (1) identify and assess barriers to attracting, de25 veloping, training, and retaining a talented workforce 
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1 in the areas of systems engineering, architecture, sys2 tems integration, digital communications, and cyber3 security; 

4 (2) develop a comprehensive plan to attract, de5 velop, train, and retain talented individuals; and 

6 (3) identify the resources needed to attract, de7 velop, and retain this talent. 

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

9 appropriate committees of Congress a report on the progress 

10 made toward implementing the requirements under sub11 section (a). 

12 SEC. 4116. ARCHITECTURAL LEADERSHIP. 

13 (a) IN GENERAL.—In order to provide an adequate 

14 technical foundation for steering NextGen’s technical gov15 ernance and managing inevitable changes in technology 

16 and operations, the Administrator shall— 

17 (1) develop a plan that— 

18 (A) uses an architecture leadership commu19 nity and an effective governance approach to as20 sure a proper balance between documents and 

21 artifacts and to provide high-level guidance; 

22 (B) enables effective management and com23 munication of dependencies; 
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1 (C) provides flexibility and the ability to 

2 evolve to ensure accommodation of future needs; 

3 and 

4 (D) communicates changing circumstances 

5 in order to align agency and airspace user ex6 pectations; 

7 (2) determine the feasibility of conducting a 

8 small number of experiments among the Administra9 tion’s system integration partners to prototype can10 didate solutions for establishing and managing a vi11 brant architectural community; and 

12 (3) develop a method to initiate, grow, and en13 gage a capable architecture community, from both 

14 within and outside of the Administration, who will 

15 expand the breadth and depth of expertise that is 

16 steering architectural changes. 

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

18 enactment of this Act, the Administrator shall submit to 

19 the appropriate committees of Congress a report on the 

20 progress made toward implementing the requirements 

21 under subsection (a). 

22 SEC. 4117. PROGRAMMATIC RISK MANAGEMENT. 

23 (a) IN GENERAL.—To better inform the Administra24 tion’s decisions regarding the prioritization of efforts and 
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1 allocation of resources for NextGen, the Administrator 

2 shall— 

3 (1) solicit input from specialists in probability 

4 and statistics to identify and prioritize the pro5 grammatic and implementation risks to NextGen; 

6 and 

7 (2) develop a method to manage and mitigate the 

8 risks identified in paragraph (1). 

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

10 enactment of this Act, the Administrator shall submit to 

11 the appropriate committees of Congress a report on the 

12 progress made toward implementing the requirements 

13 under subsection (a). 

14 SEC. 4118. NEXTGEN PRIORITIZATION. 

15 The Administrator shall consider expediting NextGen 

16 modernization implementation projects at public use air17 ports that share airspace with active military training 

18 ranges and do not have radar coverage where such imple19 mentation would improve the safety of aviation operations. 

20 Subtitle B—Administration 

21 Organization and Employees 

22 SEC. 4201. COST-SAVING INITIATIVES. 

23 (a) IN GENERAL.—To ensure that Administration ini24 tiatives are being implemented in a timely and fiscally re25 sponsible manner, the Administrator shall— 
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1 (1) identify and implement agencywide cost-sav2 ing initiatives; and 

3 (2) develop appropriate schedules and metrics to 

4 measure whether the initiatives are successful in re5 ducing costs. 

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

7 enactment of this Act, the Administrator shall submit to 

8 the appropriate committees of Congress a report on the 

9 progress made toward implementing the requirements 

10 under subsection (a). 

11 SEC. 4202. TREATMENT OF ESSENTIAL EMPLOYEES DURING 

12 FURLOUGHS. 

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

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

15 of the Administration who performs work involving the 

16 safety of human life or the protection of property, as deter17 mined by the Administrator. 

18 (b) IN GENERAL.—In implementing spending reduc19 tions under Federal law, the Administrator may furlough 

20 1 or more employees of the Administration, except an essen21 tial employee, if the Administrator determines the furlough 

22 is necessary to achieve the required spending reductions. 

23 (c) TRANSFER OF BUDGETARY RESOURCES.—The Ad24 ministrator may transfer budgetary resources within the 
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1 Administration to carry out subsection (b), except that the 

2 transfer may only be made to maintain essential employees. 

3 SEC. 4203. CONTROLLER CANDIDATE INTERVIEWS. 

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

5 date of enactment of this Act, the Administrator shall re6 quire that an in-person interview be conducted with each 

7 individual applying for an air traffic control specialist po8 sition before that individual may be hired to fill that posi9 tion. 

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

11 of enactment of this Act, the Administrator shall establish 

12 guidelines regarding the in-person interview process de13 scribed in subsection (a). 

14 SEC. 4204. HIRING OF AIR TRAFFIC CONTROLLERS. 

15 (a) IN GENERAL.—Section 44506 is amended by add16 ing at the end the following: 

17 ‘‘(f) HIRING OF CERTAIN AIR TRAFFIC CONTROL SPE18 CIALISTS.— 

19 ‘‘(1) CONSIDERATION OF APPLICANTS.— 

20 ‘‘(A) ENSURING SELECTION OF MOST QUALI21 FIED APPLICANTS.—In appointing individuals to 

22 the position of air traffic controllers, the Admin23 istrator shall give preferential consideration to 

24 qualified individuals maintaining 52 consecutive 

25 weeks of air traffic control experience involving 
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1 the full-time active separation of air traffic after 

2 receipt of an air traffic certification or air traf3 fic control facility rating within 5 years of ap4 plication while serving at— 

5 ‘‘(i) a Federal Aviation Administra6 tion air traffic control facility; 

7 ‘‘(ii) a civilian or military air traffic 

8 control facility of the Department of De9 fense; or 

10 ‘‘(iii) a tower operating under contract 

11 with the Federal Aviation Administration 

12 under section 47124 of this title. 

13 ‘‘(B) CONSIDERATION OF ADDITIONAL AP14 PLICANTS.—The Administrator shall consider 

15 additional applicants for the position of air traf16 fic controller by referring an approximately 

17 equal number of employees for appointment 

18 among the 2 applicant pools. The number of em19 ployees referred for consideration from each 

20 group shall not differ by more than 10 percent. 

21 ‘‘(i) POOL ONE.—Applicants who: 

22 ‘‘(I) have successfully completed 

23 air traffic controller training and 

24 graduated from an institution partici25 pating in the Collegiate Training Ini-
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1 tiative program maintained under sub2 section (c)(1) who have received from 

3 the institution— 

4 ‘‘(aa) an appropriate rec5 ommendation; or 

6 ‘‘(bb) an endorsement certi7 fying that the individual would 

8 have met the requirements in ef9 fect as of December 31, 2013, for 

10 an appropriate recommendation; 

11 ‘‘(II) are eligible for a veterans re12 cruitment appointment pursuant to 

13 section 4214 of title 38, United States 

14 Code, and provide a Certificate of Re15 lease or Discharge from Active Duty 

16 within 120 days of the announcement 

17 closing; 

18 ‘‘(III) are eligible veterans (as de19 fined in section 4211 of title 38, 

20 United States Code) maintaining avia21 tion experience obtained in the course 

22 of the individual’s military experience; 

23 or 
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1 ‘‘(IV) are preference eligible vet2 erans (as defined in section 2108 of 

3 title 5, United States Code). 

4 ‘‘(ii) POOL TWO.—Applicants who 

5 apply under a vacancy announcement re6 cruiting from all United States citizens. 

7 ‘‘(2) USE OF BIOGRAPHICAL ASSESSMENTS.— 

8 ‘‘(A) BIOGRAPHICAL ASSESSMENTS.—The 

9 Administration shall not use any biographical 

10 assessment when hiring under subparagraph (A) 

11 or subparagraph (B)(i) of paragraph (1). 

12 ‘‘(B) RECONSIDERATION OF APPLICANTS

13 DISQUALIFIED ON THE BASIS OF BIOGRAPHICAL

14 ASSESSMENTS.— 

15 ‘‘(i) IN GENERAL.—If an individual 

16 described in subparagraph (A) or subpara17 graph (B)(i) of paragraph (1) who applied 

18 for the position of air traffic controller with 

19 the Administration in response to Vacancy 

20 Announcement FAA–AMC–14–ALLSRCE– 

21 33537 (issued on February 10, 2014) and 

22 was disqualified from the position as the re23 sult of a biographical assessment, the Ad24 ministrator shall provide the applicant an 

25 opportunity to reapply as soon as prac-
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1 ticable for the position under the revised 

2 hiring practices. 

3 ‘‘(ii) WAIVER OF AGE RESTRICTION.— 

4 The Administrator shall waive any max5 imum age restriction for the position of air 

6 traffic controller with the Administration 

7 that would otherwise disqualify an indi8 vidual from the position if the individual— 

9 ‘‘(I) is reapplying for the position 

10 pursuant to clause (i) on or before De11 cember 31, 2017; and 

12 ‘‘(II) met the maximum age re13 quirement on the date of the individ14 ual’s previous application for the posi15 tion during the interim hiring process. 

16 ‘‘(3) MAXIMUM ENTRY AGE FOR EXPERIENCED

17 CONTROLLERS.—Notwithstanding section 3307 of title 

18 5, United States Code, the maximum limit of age for 

19 an original appointment to a position as an air traf20 fic controller shall be 35 years of age for those main21 taining 52 weeks of air traffic control experience in22 volving the full-time active separation of air traffic 

23 after receipt of an air traffic certification or air traf24 fic control facility rating in a civilian or military air 

25 traffic control facility.’’. 
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1 (b) NOTIFICATION OF VACANCIES.—The Administrator 

2 shall consider directly notifying secondary schools and in3 stitutes of higher learning, including Historically Black 

4 Colleges and Universities, Hispanic-serving institutions, 

5 Minority Institutions, and Tribal Colleges and Universities, 

6 of the vacancy announcement under section 

7 44506(f)(1)(B)(ii) of title 49, United States Code. 

8 SEC. 4205. COMPUTATION OF BASIC ANNUITY FOR CERTAIN 

9 AIR TRAFFIC CONTROLLERS. 

10 (a) IN GENERAL.—Section 8415(f) of title 5, United 

11 States Code, is amended to read as follows: 

12 ‘‘(f) The annuity of an air traffic controller or former 

13 air traffic controller retiring under section 8412(a) is com14 puted under subsection (a), except that if the individual has 

15 at least 5 years of service in any combination as: 

16 ‘‘(1) an air traffic controller as defined by sec17 tion 2109(1)(A)(i); 

18 ‘‘(2) a first level supervisor of an air traffic con19 troller as defined by section 2109(1)(A)(i); or 

20 ‘‘(3) a second level supervisor of an air traffic 

21 controller as defined by section 2109(1)(A)(i); 

22 so much of the annuity as is computed with respect to such 

23 type of service shall be computed by multiplying 1 7/10 per24 cent of the individual’s average pay by the years of such 

25 service.’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall be deemed to be effective on December 12, 

3 2003. 

4 (c) PROCEDURES REQUIRED.—The Director of the Of5 fice of Personnel Management shall establish such proce6 dures as are necessary to provide for— 

7 (1) notification to each annuitant affected by the 

8 amendments made by this section; 

9 (2) recalculation of the benefits of affected annu10 itants; 

11 (3) an adjustment to applicable monthly benefit 

12 amounts pursuant to such recalculation, to begin as 

13 soon as is practicable; and 

14 (4) a lump sum payment to each affected annu15 itant equal to the additional total benefit amount that 

16 such annuitant would have received had the amend17 ment made by subsection (a) been in effect on Decem18 ber 12, 2003. 

19 SEC. 4206. AIR TRAFFIC SERVICES AT AVIATION EVENTS. 

20 (a) REQUIREMENT TO PROVIDE SERVICES AND RE21 LATED SUPPORT.—The Administrator of the Federal Avia22 tion Administration shall provide air traffic services and 

23 aviation safety support for aviation events, including 

24 airshows and fly-ins, without the imposition or collection 

25 of any fee, tax, or other charge for that purpose. Amounts 
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1 for the provision of such services and support shall be de2 rived from amounts appropriated or otherwise available for 

3 the Federal Aviation Administration. 

4 (b) DETERMINATION OF SERVICES AND SUPPORT TO

5 BE PROVIDED.—In determining the services and support 

6 to be provided for an aviation event for purposes of sub7 section (a), the Administrator shall take into account the 

8 following: 

9 (1) The services and support required to meet 

10 levels of activity at prior events, if any, similar to the 

11 event. 

12 (2) The anticipated need for services and support 

13 at the event. 

14 SEC. 4207. FULL ANNUITY SUPPLEMENT FOR CERTAIN AIR 

15 TRAFFIC CONTROLLERS. 

16 Section 8421a of title 5, United States Code, is amend17 ed— 

18 (1) in subsection (a), by striking ‘‘The amount’’ 

19 and inserting ‘‘Except as provided in subsection (c), 

20 the amount’’; 

21 (2) by redesignating subsection (c) as subsection 

22 (d); and 

23 (3) by inserting after subsection (b) the fol24 lowing: 
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1 ‘‘(c) This section shall not apply to an individual de2 scribed in section 8412(e) during any period in which the 

3 individual, after separating from the service as described 

4 in that section, is employed full-time as an air traffic con5 trol instructor under contract with the Federal Aviation 

6 Administration, including an instructor working at an on7 site facility (such as an airport).’’. 

8 SEC. 4208. INCLUSION OF DISABLED VETERAN LEAVE IN 

9 FEDERAL AVIATION ADMINISTRATION PER10 SONNEL MANAGEMENT SYSTEM. 

11 (a) IN GENERAL.—Section 40122(g)(2) is amended— 

12 (1) in subparagraph (H), by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (2) in subparagraph (I)(iii), by striking the pe15 riod at the end and inserting ‘‘; and’’; and 

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

17 ‘‘(J) subject to paragraph (4), section 6329, 

18 relating to disabled veteran leave.’’. 

19 (b) CERTIFICATION OF LEAVE.—Section 40122(g) is 

20 amended— 

21 (1) by redesignating paragraph (4) as para22 graph (5); and 

23 (2) by inserting after paragraph (3) the fol24 lowing: 
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1 ‘‘(4) CERTIFICATION OF DISABLED VETERAN

2 LEAVE.—In order to verify that leave credited to an 

3 employee pursuant to paragraph (2)(J) is used for 

4 treating a service-connected disability, that employee 

5 shall, notwithstanding section 6329(c) of title 5, sub6 mit to the Assistant Administrator for Human Re7 source Management of the Federal Aviation Adminis8 tration certification, in such form and manner as the 

9 Administrator of the Federal Aviation Administra10 tion may prescribe, that the employee used that leave 

11 for purposes of being furnished treatment for that dis12 ability by a health care provider.’’. 

13 (c) APPLICATION.—The amendments made by this sec14 tion shall apply with respect to any employee of the Federal 

15 Aviation Administration hired on or after the date that is 

16 1 year after the date of enactment of this Act. 

17 (d) POLICIES AND PROCEDURES.—Not later than 270 

18 days after the date of enactment of this Act, the Adminis19 trator of the Federal Aviation Administration shall pre20 scribe policies and procedures to carry out the amendments 

21 made by this section that are comparable, to the maximum 

22 extent practicable, to the regulations prescribed by the Office 

23 of Personnel Management under section 6329 of title 5, 

24 United States Code. 
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1 (e) ANNUAL REPORT.—Not later than 1 year after the 

2 date of enactment of this Act and not less frequently than 

3 once each year thereafter until the date that is 5 years after 

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

5 publish on a publicly accessible Internet Web site a report 

6 on— 

7 (1) the effect carrying out this section and the 

8 amendments made by this section has had on the 

9 workforce; and 

10 (2) the number of veterans benefitting from car11 rying out this section and the amendments made by 

12 this section. 

13 TITLE V—MISCELLANEOUS 

14 SEC. 5001. NATIONAL TRANSPORTATION SAFETY BOARD IN15 VESTIGATIVE OFFICERS. 

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

17 SEC. 5002. PERFORMANCE-BASED NAVIGATION. 

18 Section 213(c) of the FAA Modernization and Reform 

19 Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note) 

20 is amended by adding at the end the following: 

21 ‘‘(3) NOTIFICATIONS AND CONSULTATIONS.—Not 

22 later than 90 days before applying a categorical ex23 clusion under this subsection to a new procedure at 

24 an OEP airport, the Administrator shall— 
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1 ‘‘(A) notify and consult with the operator of 

2 the airport at which the procedure would be im3 plemented; and 

4 ‘‘(B) consider consultations or other engage5 ment with the community in the which the air6 port is located to inform the public of the proce7 dure. 

8 ‘‘(4) REVIEW OF CERTAIN CATEGORICAL EXCLU9 SIONS.— 

10 ‘‘(A) IN GENERAL.—The Administrator 

11 shall review any decision of the Administrator 

12 made on or after February 14, 2012, and before 

13 the date of enactment of this paragraph to grant 

14 a categorical exclusion under this subsection 

15 with respect to a procedure to be implemented at 

16 an OEP airport that was a material change 

17 from procedures previously in effect at the air18 port to determine if the implementation of the 

19 procedure had a significant effect on the human 

20 environment in the community in which the air21 port is located if the operator of that airport— 

22 ‘‘(i) requests such a review; and 

23 ‘‘(ii) demonstrates that there is good 

24 cause to believe that the implementation of 

25 the procedure had such an effect. 
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1 ‘‘(B) CONTENT OF REVIEW.—If, in con2 ducting a review under subparagraph (A) with 

3 respect to a procedure implemented at an OEP 

4 airport, the Administrator, in consultation with 

5 the operator of the airport, determines that im6 plementing the procedure had a significant effect 

7 on the human environment in the community in 

8 which the airport is located, the Administrator 

9 shall— 

10 ‘‘(i) consult with the operator of the 

11 airport to identify measures to mitigate the 

12 effect of the procedure on the human envi13 ronment; and 

14 ‘‘(ii) in conducting such consultations, 

15 consider the use of alternative flight paths 

16 that do not substantially degrade the effi17 ciencies achieved by the implementation of 

18 the procedure being reviewed. 

19 ‘‘(C) HUMAN ENVIRONMENT DEFINED.—In 

20 this paragraph, the term ‘human environment’ 

21 has the meaning given such term in section 

22 1508.14 of title 40, Code of Federal Regulations 

23 (as in effect on the day before the date of enact24 ment of this paragraph).’’. 
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1 SEC. 5003. OVERFLIGHTS OF NATIONAL PARKS. 

2 Section 40128 is amended— 

3 (1) in subsection (a)(3), by striking ‘‘the’’ before 

4 ‘‘title 14’’; and 

5 (2) by amending subsection (f) to read as follows: 

6 ‘‘(f) TRANSPORTATION ROUTES.— 

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

8 to any air tour operator while flying over or near 

9 any Federal land managed by the Director of the Na10 tional Park Service, including Lake Mead National 

11 Recreation Area, solely as a transportation route, to 

12 conduct an air tour over the Grand Canyon National 

13 Park. 

14 ‘‘(2) EN ROUTE.—For purposes of this sub15 section, an air tour operator flying over the Hoover 

16 Dam in the Lake Mead National Recreation Area en 

17 route to the Grand Canyon National Park shall be 

18 deemed to be flying solely as a transportation route.’’. 

19 SEC. 5004. NAVIGABLE AIRSPACE ANALYSIS FOR COMMER20 CIAL SPACE LAUNCH SITE RUNWAYS. 

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

22 (1) by striking ‘‘air navigation facilities and 

23 equipment’’ and inserting ‘‘air or space navigation 

24 facilities and equipment’’; 

25 (2) in subparagraph (D), by striking ‘‘; and’’ 

26 and inserting a semicolon; 
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1 (3) in subparagraph (E), by striking the period 

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

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

4 ‘‘(F) the impact on launch and reentry for 

5 launch and reentry vehicles arriving or depart6 ing from a launch site or reentry site licensed by 

7 the Secretary.’’. 

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

9 date of enactment of this Act, the Administrator of the Fed10 eral Aviation Administration shall initiate a rulemaking 

11 to implement the amendments made by subsection (a). 

12 SEC. 5005. SURVEY AND REPORT ON SPACEPORT DEVELOP13 MENT. 

14 Not later than 1 year after the date of enactment of 

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

16 submit to the appropriate committees of Congress a report 

17 on the existing system of spaceports licensed by the Federal 

18 Aviation Administration that includes recommendations 

19 regarding— 

20 (1) the extent to which, and the manner in 

21 which, the Federal Government could participate in 

22 the construction, improvement, development, or main23 tenance of such spaceports; and 

24 (2) potential funding sources. 
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1 SEC. 5006. AVIATION FUEL. 

2 (a) USE OF UNLEADED AVIATION GASOLINE.—The 

3 Administrator of the Federal Aviation Administration shall 

4 allow the use of an unleaded aviation gasoline in an air5 craft as a replacement for a leaded gasoline if the Adminis6 trator— 

7 (1) determines that the unleaded aviation gaso8 line qualifies as a replacement for an approved leaded 

9 gasoline; 

10 (2) identifies the aircraft and engines that are 

11 eligible to use the qualified replacement unleaded gas12 oline; and 

13 (3) adopts a process (other than the traditional 

14 means of certification) to allow eligible aircraft and 

15 engines to operate using qualified replacement un16 leaded gasoline in a manner that ensures safety. 

17 (b) TIMING.—The Administrator shall adopt the proc18 ess described in subsection (a)(3) not later than 180 days 

19 after the later of— 

20 (1) the date on which the Administration com21 pletes the Piston Aviation Fuels Initiative; or 

22 (2) the date on which the American Society for 

23 Testing and Materials publishes a production speci24 fication for an unleaded aviation gasoline. 
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1 SEC. 5007. COMPREHENSIVE AVIATION PREPAREDNESS 

2 PLAN. 

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

4 of enactment of this Act, the Secretary of Transportation 

5 and the Secretary of Health and Human Services, in co6 ordination with the Secretary of Homeland Security, the 

7 Secretary of Labor, the Secretary of State, the Secretary 

8 of Defense, and representatives of other Federal departments 

9 and agencies, as necessary, shall develop a comprehensive 

10 national aviation communicable disease preparedness plan. 

11 (b) MINIMUM COMPONENTS.—The plan developed 

12 under subsection (a) shall— 

13 (1) be developed in consultation with other rel14 evant stakeholders, including State, local, tribal, and 

15 territorial governments, air carriers, first responders, 

16 and the general public; 

17 (2) provide for the development of a communica18 tions system or protocols for providing comprehensive, 

19 appropriate, and up-to-date information regarding 

20 communicable disease threats and preparedness be21 tween all relevant stakeholders; 

22 (3) document the roles and responsibilities of rel23 evant Federal department and agencies, including co24 ordination requirements; 

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

26 and other appropriate aviation stakeholders on how 
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1 to develop comprehensive communicable disease pre2 paredness plans for their respective organizations, in 

3 accordance with the plan to be developed under sub4 section (a); 

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

6 can be used to address the full range of communicable 

7 disease threats and incidents; 

8 (6) provide information on communicable threats 

9 and response training resources for all relevant stake10 holders, including Federal, State, local, tribal, and 

11 territorial government employees, airport officials, 

12 aviation industry employees and contractors, first re13 sponders, and health officials; 

14 (7) develop protocols for the dissemination of 

15 comprehensive, up-to-date, and appropriate informa16 tion to the traveling public concerning communicable 

17 disease threats and preparedness; 

18 (8) be updated periodically to incorporate lessons 

19 learned with supplemental information; and 

20 (9) be provided in writing, electronically, and 

21 accessible via the Internet. 

22 (c) INTERAGENCY FRAMEWORK.—The plan developed 

23 under subsection (a) shall— 

24 (1) be conducted under the existing interagency 

25 framework for national level all hazards emergency 
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1 preparedness planning or another appropriate frame2 work; and 

3 (2) be consistent with the obligations of the 

4 United States under international agreements. 

5 SEC. 5008. ADVANCED MATERIALS CENTER OF EXCEL6 LENCE. 

7 (a) IN GENERAL.—Chapter 445 is amended by adding 

8 at the end the following: 

9 ‘‘§ 44518. Advanced Materials Center of Excellence 

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

11 Aviation Administration shall continue operation of the 

12 Advanced Materials Center of Excellence (referred to in this 

13 section as the ‘Center’) under its structure as in effect on 

14 March 1, 2016, which shall focus on applied research and 

15 training on the durability and maintainability of advanced 

16 materials in transport airframe structures. 

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

18 ‘‘(1) promote and facilitate collaboration among 

19 academia, the Transportation Division of the Federal 

20 Aviation Administration, and the commercial aircraft 

21 industry, including manufacturers, commercial air 

22 carriers, and suppliers; and 

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

24 improve engineering practices, and facilitate con25 tinuing education in relevant areas of study. 
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Administrator 

3 $500,000 for each of the fiscal years 2016 and 2017 to carry 

4 out this section.’’. 

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

6 chapter 445 is amended by adding at the end the following: 

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

7 SEC. 5009. INTERFERENCE WITH AIRLINE EMPLOYEES. 

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

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

10 United States shall— 

11 (1) complete a study of crimes of violence (as de12 fined in section 16 of title 18, United States Code) 

13 committed against airline customer service represent14 atives while they are performing their duties and on 

15 airport property; and 

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

17 any recommendations, to Congress. 

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

19 analysis to determine if State and local laws and resources 

20 are adequate to deter or otherwise address the crimes of vio21 lence described in subsection (a) and recommendations on 

22 how to address any identified gaps. 

23 SEC. 5010. SECONDARY COCKPIT BARRIERS. 

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

25 ‘‘Saracini Aviation Safety Act of 2016’’. 
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1 (b) REQUIREMENT.—Not later than one year after the 

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

3 Federal Aviation Administration shall issue an order re4 quiring installation of a secondary cockpit barrier on each 

5 new aircraft that is manufactured for delivery to a pas6 senger air carrier in the United States operating under the 

7 provisions of part 121 of title 14, Code of Federal Regula8 tions. 

9 SEC. 5011. GAO EVALUATION AND AUDIT. 

10 Section 15(a)(1) of the Railway Labor Act (45 U.S.C. 

11 165(a)(1)) is amended by striking ‘‘2 years’’ and inserting 

12 ‘‘4 years’’. 

13 SEC. 5012. FEDERAL AVIATION ADMINISTRATION PERFORM14 ANCE MEASURES AND TARGETS. 

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

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

17 of Transportation shall establish performance measures re18 lating to the administration of the Federal Aviation Ad19 ministration, which shall, at a minimum, include measures 

20 to assess— 

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

22 projects; and 

23 (2) the effectiveness of the Administration in 

24 achieving the goals described in section 47171 of title 

25 49, United States Code. 
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1 (b) PERFORMANCE TARGETS.—Not later than 180 

2 days after the date on which the Secretary establishes per3 formance measures in accordance with subsection (a), the 

4 Secretary shall establish performance targets relating to 

5 each of the measures described in that subsection. 

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

7 enactment of this Act, the Inspector General of the Depart8 ment of Transportation shall submit to Congress a report 

9 describing the progress of the Secretary in meeting the per10 formance targets established under subsection (b). 

11 SEC. 5013. STAFFING OF CERTAIN AIR TRAFFIC CONTROL 

12 TOWERS. 

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

14 Aviation Administration shall ensure appropriate staffing 

15 at the Core 30 air traffic control towers and associated ter16 minal radar approach control facilities and air route traf17 fic control centers and ensure, as appropriate, staffing levels 

18 at those control towers, facilities, and centers are not below 

19 the average number of air traffic controllers between the 

20 ‘‘high’’ and ‘‘low’’ staffing ranges, as specified in the docu21 ment of the Federal Aviation Administration entitled, ‘‘A 

22 Plan for the Future: 10-Year Strategy for Air Traffic Con23 trol Workforce 2015–2024’’. 

24 (b) RETENTION.—The Administrator shall review 

25 strategies to improve retention of experienced certified pro-
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1 fessional controllers at the control towers, facilities, and 

2 centers described in subsection (a)(1). 

3 SEC. 5014. CRITICAL AIRFIELD MARKINGS. 

4 Not later than 180 days after the date of enactment 

5 of this Act, the Administrator of the Federal Aviation Ad6 ministration shall issue a request for proposal for a study 

7 that includes— 

8 (1) an independent, third-party study to assess 

9 the durability of Type III and Type I glass beads ap10 plied to critical markings over a 12-month period at 

11 no fewer than 2 primary airports in varying weather 

12 conditions to measure the retroflectivity levels of such 

13 markings on a quarterly basis; and 

14 (2) a study at 2 other airports carried out by 

15 applying Type III beads on one half of the centerline 

16 and Type I beads to the other half and providing for 

17 assessments from pilots through surveys administered 

18 by a third party as to the visibility and performance 

19 of the Type III glass beads as compared to the Type 

20 I glass beads over a 6-month period. 

21 SEC. 5015. RESEARCH AND DEPLOYMENT OF CERTAIN AIR22 FIELD PAVEMENT TECHNOLOGIES. 

23 Using amounts made available under section 48102(a) 

24 of title 49, United States Code, the Administrator of the 

25 Federal Aviation Administration shall carry out a program 
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1 for the research and deployment of aircraft pavement tech2 nologies under which the Administrator makes grants to, 

3 and enters into cooperative agreements with, institutions of 

4 higher education and nonprofit organizations that— 

5 (1) research concrete and asphalt airfield pave6 ment technologies that extend the life of airfield pave7 ments; 

8 (2) develop and conduct training; 

9 (3) provide for demonstration projects; and 

10 (4) promote the latest airfield pavement tech11 nologies to aid in the development of safer, more cost 

12 effective, and more durable airfield pavements. 

13 SEC. 5016. REPORT ON GENERAL AVIATION FLIGHT SHAR14 ING. 

15 Not later than 180 days after the date of enactment 

16 of this Act, the Administrator of the Federal Aviation Ad17 ministration shall submit to the appropriate committees of 

18 Congress a report assessing the feasibility of flight sharing 

19 for general aviation. The report shall include an assessment 

20 of any regulations that may need to be updated to allow 

21 for safe and efficient flight sharing, including regulations 

22 imposing limitations on the forms of communication per23 sons who hold private pilot certificates may use. 
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1 SEC. 5017. INCREASE IN DURATION OF GENERAL AVIATION 

2 AIRCRAFT REGISTRATION. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Administrator of the Federal Aviation Ad5 ministration shall initiate a rulemaking to increase the du6 ration of aircraft registrations for noncommercial general 

7 aviation aircraft to 5 years. 

8 SEC. 5018. MODIFICATION OF LIMITATION OF LIABILITY RE9 LATING TO AIRCRAFT. 

10 Section 44112(b) is amended— 

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

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

13 SEC. 5019. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 

14 OF ILLEGAL DRUGS SEIZED AT INTER15 NATIONAL AIRPORTS IN THE UNITED STATES. 

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

17 United States shall conduct a study of illegal drugs, includ18 ing heroin, fentanyl, and cocaine, seized by Federal authori19 ties at international airports in the United States. 

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

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

22 minimum— 

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

24 (2) the origin of the drugs seized; 

25 (3) the airport at which the drugs were seized; 
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1 (4) the manner in which the drugs were seized; 

2 and 

3 (5) the manner in which the drugs were trans4 ported. 

5 (c) USE OF DATA; RECOMMENDATIONS FOR ADDI6 TIONAL DATA COLLECTION.—In conducting the study re7 quired by subsection (a), the Comptroller General shall use 

8 all available data. If the Comptroller General determines 

9 that additional data is needed to fully understand the extent 

10 to which illegal drugs enter the United States through inter11 national airports in the United States, the Comptroller 

12 General shall develop recommendations for the collection of 

13 that data. 

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

15 days after the date of enactment of this Act, the Comptroller 

16 General shall submit to Congress a report on the study con17 ducted under subsection (a) that includes any recommenda18 tions developed under subsection (c). 

19 SEC. 5020. SENSE OF CONGRESS ON PREVENTING THE 

20 TRANSPORTATION OF DISEASE-CARRYING 

21 MOSQUITOES AND OTHER INSECTS ON COM22 MERCIAL AIRCRAFT. 

23 It is the sense of Congress that the Secretary of Trans24 portation and the Secretary of Agriculture should, in co25 ordination and consultation with the World Health Organi-
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1 zation, develop a framework and guidance for the use of 

2 safe, effective, and nontoxic means of preventing the trans3 portation of disease-carrying mosquitoes and other insects 

4 on commercial aircraft. 

5 SEC. 5021. WORK PLAN FOR THE NEW YORK/NEW JERSEY/ 

6 PHILADELPHIA METROPLEX PROGRAM. 

7 Not later than 90 days after the date of enactment of 

8 this Act, the Administrator of the Federal Aviation Admin9 istration shall develop and publish in the Federal Register 

10 a work plan for the New York/New Jersey/Philadelphia 

11 metroplex program. 

12 SEC. 5022. REPORT ON PLANS FOR AIR TRAFFIC CONTROL 

13 FACILITIES IN THE NEW YORK CITY AND NEW14 ARK REGION. 

15 Not later than 90 days after the date of enactment of 

16 this Act, the Administrator of the Federal Aviation Admin17 istration shall submit to the appropriate committees of Con18 gress a report on the Federal Aviation Administration’s 

19 staffing and scheduling plans for air traffic control facili20 ties in the New York City and Newark region for the 1- 

21 year period beginning on such date of enactment. 

22 SEC. 5023. GAO STUDY OF INTERNATIONAL AIRLINE ALLI23 ANCES. 

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

25 United States shall conduct a study of certain cooperative 
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1 agreements between United States air carriers and non2 United States air carriers (referred to in this section as 

3 ‘‘alliances’’), which— 

4 (1) have been created pursuant to section 41309 

5 of title 49, United States Code; and 

6 (2) have been exempted from antitrust laws (as 

7 defined in the first section of the Clayton Act (15 

8 U.S.C. 12)) pursuant to section 41308 of title 49, 

9 United States Code. 

10 (b) SCOPE.—The study conducted under subsection (a) 

11 shall assess— 

12 (1) the consequences of alliances, including re13 duced competition, stifling new entrants into markets, 

14 increasing prices in markets, and other adverse con15 sequences; 

16 (2) the representations made by air carriers to 

17 the Secretary of Transportation for the necessity of an 

18 antitrust exemption; 

19 (3) the Department of Transportation’s expecta20 tions of public benefits resulting from alliances, in21 cluding whether such expected benefits were actually 

22 achieved; 

23 (4) the adequacy of the Department of Transpor24 tation’s efforts in the approval and monitoring of al25 liances, including possessing relevant experience and 
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1 expertise in the fields of antitrust and consumer pro2 tection; 

3 (5) whether there has been sufficient trans4 parency in the approval of alliances, including oppor5 tunities for public review and feedback; 

6 (6) the role of the Department of Justice in the 

7 oversight of alliances; 

8 (7) whether there are alternatives to antitrust 

9 immunity that could be conferred that would also 

10 produce public benefits; 

11 (8) whether alliances should be required to ex12 pire; 

13 (9) the level of competition between air carriers 

14 who are members of the same alliance; 

15 (10) the level of competition between alliances; 

16 (11) whether the Department of Transportation 

17 should amend, modify, or revoke any exemption from 

18 the antitrust laws granted by the Secretary of Trans19 portation in connection with an alliance; and 

20 (12) the effect of alliances on the number and 

21 quality of jobs for United States air carrier flight 

22 crew employees, including the share of alliance flying 

23 done by such employees. 

24 (c) RECOMMENDATIONS.—Not later than 180 days 

25 after the date of enactment of this Act, the Comptroller Gen-
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1 eral shall submit to Congress the results of the study con2 ducted under subsection (a), which shall include rec3 ommendations on the reforms needed to improve competi4 tion and enhance choices for consumers, including— 

5 (1) whether oversight of alliances should be exer6 cised by the Department of Justice rather than by the 

7 Department of Transportation; and 

8 (2) whether antitrust immunity for alliances 

9 should expire. 

10 SEC. 5024. TREATMENT OF MULTI-YEAR LESSEES OF LARGE 

11 AND TURBINE-POWERED MULTIENGINE AIR12 CRAFT. 

13 The Secretary of Transportation shall revise such regu14 lations as may be necessary to ensure that multi-year lessees 

15 and owners of large and turbine-powered multiengine air16 craft are treated equally for purposes of joint ownership 

17 policies of the Federal Aviation Administration. 

18 SEC. 5025. EVALUATION OF EMERGING TECHNOLOGIES. 

19 (a) STUDY.—The Administrator of the Federal Avia20 tion Administration, in consultation with representatives 

21 of the aviation community and institutions of higher edu22 cation (as defined in section 101(a) of the Higher Edu23 cation Act of 1964 (20 U.S.C. 1001(a))), shall conduct a 

24 study to evaluate the potential impact of emerging tech25 nologies, such as electric propulsion and autonomous con-
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1 trol, on the current state of aircraft design, operations, 

2 maintenance, and licensing. 

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

4 enactment of this Act, the Administrator shall submit a re5 port to the appropriate committees of Congress that summa6 rizes the results of the study conducted under subsection (a). 

7 SEC. 5026. STUDENT OUTREACH REPORT. 

8 Not later than 6 months after the date of enactment 

9 of this Act, the Administrator of the Federal Aviation Ad10 ministration shall submit a report to the appropriate com11 mittees of Congress that describes the Administration’s ex12 isting outreach efforts, such as the STEM Aviation and 

13 Space Education Outreach Program, to elementary and sec14 ondary students who are interested in careers in science, 

15 technology, engineering, art, and mathematics— 

16 (1) to prepare and inspire such students for 

17 aeronautical careers; and 

18 (2) to mitigate an anticipated shortage of pilots 

19 and other aviation professionals. 

20 SEC. 5027. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC 

21 CONTROL SYSTEM. 

22 Notwithstanding any other provision of law, the Fed23 eral Aviation Administration, as appropriate, shall upon 

24 request of a private aircraft owner or operator, block the 

25 registration number of the aircraft of the owner or operator 
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1 from any public dissemination or display, except in data 

2 made available to a Government agency, for the non3 commercial flights of the owner or operator. 

4 SEC. 5028. CONDUCT OF SECURITY SCREENING BY THE 

5 TRANSPORTATION SECURITY ADMINISTRA6 TION AT CERTAIN AIRPORTS. 

7 (a) IN GENERAL.—The Administrator of the Trans8 portation Security Administration shall provide for secu9 rity screening to be conducted by the Transportation Secu10 rity Administration at, and provide all necessary staff and 

11 equipment to, any airport— 

12 (1) that lost commercial air service on or after 

13 January 1, 2013; and 

14 (2) the operator of which, following the loss de15 scribed in paragraph (1), submits to the Adminis16 trator— 

17 (A) a request for security screening to be 

18 conducted at the airport by the Transportation 

19 Security Administration; and 

20 (B) written confirmation of a commitment 

21 from a commercial air carrier— 

22 (i) that the air carrier wants to pro23 vide commercial air service at the airport; 

24 and 
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1 (ii) that such service will commence 

2 not later than 1 year after the date of the 

3 submission of the request under subpara4 graph (A). 

5 (b) DEADLINE.—The Administrator of the Transpor6 tation Security Administration shall ensure that the process 

7 of implementing security screening by the Transportation 

8 Security Administration at an airport described in sub9 section (a) is complete not later than the later of— 

10 (1) the date that is 90 days after the date on 

11 which the operator of the airport submits to the Ad12 ministrator a request for such screening under para13 graph (2)(A) of that subsection; or 

14 (2) the date on which the air carrier intends to 

15 provide commercial air service at the airport. 

16 (c) EFFECT ON OTHER AIRPORTS.—The Adminis17 trator of the Transportation Security Administration shall 

18 carry out this section in a manner that does not negatively 

19 affect operations at airports that are provided security 

20 screening by the Transportation Security Administration. 

21 SEC. 5029. AVIATION CYBERSECURITY. 

22 (a) COMPREHENSIVE AVIATION FRAMEWORK.— 

23 (1) IN GENERAL.—Not later than 240 days after 

24 the date of enactment of this Act, the Administrator 

25 of the Federal Aviation Administration shall facili-
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1 tate and support the development of a comprehensive 

2 framework of principles and policies to reduce cyber3 security risks to the national airspace system, civil 

4 aviation, and agency information systems. 

5 (2) SCOPE.—As part of the principles and poli6 cies under paragraph (1), the Administrator shall— 

7 (A) clarify cybersecurity roles and respon8 sibilities of offices and employees, including gov9 ernance structures of any advisory committees 

10 addressing cybersecurity at the Federal Aviation 

11 Administration; 

12 (B) recognize the interactions of different 

13 components of the national airspace system and 

14 the interdependent and interconnected nature of 

15 aircraft and air traffic control systems; 

16 (C) identify and implement objectives and 

17 actions to reduce cybersecurity risks to the air 

18 traffic control information systems, including ac19 tions to improve implementation of information 

20 security standards and best practices of the Na21 tional Institute of Standards and Technology, 

22 and policies and guidance issued by the Office of 

23 Management and Budget for agency systems; 

24 (D) support voluntary efforts by industry, 

25 RTCA, Inc., or standards-setting organizations 
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1 to develop and identify consensus standards, best 

2 practices, and guidance on aviation systems in3 formation security protection, consistent with the 

4 activities described in section 2(e) of the Na5 tional Institute of Standards and Technology Act 

6 (15 U.S.C. 272(e)); and 

7 (E) establish guidelines for the voluntary 

8 sharing of information between and among avia9 tion stakeholders pertaining to aviation-related 

10 cybersecurity incidents, threats, and 

11 vulnerabilities. 

12 (3) LIMITATIONS.—In carrying out the activities 

13 under this section, the Administrator shall— 

14 (A) coordinate with aviation stakeholders, 

15 including industry, airlines, manufacturers, air16 ports, RTCA, Inc., and unions; 

17 (B) consult with the Secretary of Defense, 

18 Secretary of Homeland Security, Director of Na19 tional Institute of Standards and Technology, 

20 the heads of other relevant agencies, and inter21 national regulatory authorities; and 

22 (C) evaluate on a periodic basis, but not 

23 less than once every 2 years, the effectiveness of 

24 the principles established under this subsection. 
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1 (b) THREAT MODEL.—The Secretary of Transpor2 tation, in coordination with the Administrator of the Fed3 eral Aviation Administration, shall implement the open 

4 recommendation issued in 2015 by the Government Ac5 countability Office to assess the potential cost and timetable 

6 of developing and maintaining an agency-wide threat 

7 model to strengthen cybersecurity across the Federal Avia8 tion Administration. 

9 (c) SECURE ACCESS TO FACILITIES AND SYSTEMS.— 

10 (1) IDENTITY MANAGEMENT REQUIREMENTS.— 

11 Not later than 1 year after the date of enactment of 

12 this Act, the Secretary of Transportation shall imple13 ment open recommendations issued in 2014 by the In14 spector General of the Department of Transpor15 tation— 

16 (A) to work with the Federal Aviation Ad17 ministration to revise its plan to effectively tran18 sition remaining users to require personal iden19 tity verification, including create a plan of ac20 tions and milestones with a planned completion 

21 date to monitor and track progress; and 

22 (B) to work with the Director of the Office 

23 of Security of the Department of Transportation 

24 to develop or revise plans to effectively transition 

25 remaining facilities to require personal identity 
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1 verification cards at the Federal Aviation Ad2 ministration. 

3 (2) IDENTITY MANAGEMENT ASSESSMENT.— 

4 (A) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this Act, the Sec6 retary of Transportation shall prepare a plan to 

7 implement the use of identity management, in8 cluding personal identity verification, at the 

9 Federal Aviation Administration, consistent 

10 with section 504 of the Cybersecurity Enhance11 ment Act of 2014 (Public Law 113–274; 15 

12 U.S.C. 7464) and section 225 of title II of divi13 sion N of the Cybersecurity Act of 2015 (Public 

14 Law 114–113; 129 Stat. 2242). 

15 (B) CONTENTS.—The plan shall include— 

16 (i) an assessment of the current imple17 mentation and use of identity management, 

18 including personal identity verification, at 

19 the Federal Aviation Administration for se20 cure access to government facilities and in21 formation systems, including a breakdown 

22 of requirements for use and identification of 

23 which systems and facilities are enabled to 

24 use personal identity verification; and 
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1 (ii) the actions to be taken, including 

2 specified deadlines, by the Chief Informa3 tion Officers of the Department of Trans4 portation and the Federal Aviation Admin5 istration to increase the implementation 

6 and use of such measures, with the goal of 

7 100 percent implementation across the 

8 agency. 

9 (3) REPORT.—The Secretary shall submit the 

10 plan to the appropriate committees of Congress. 

11 (4) CLASSIFIED INFORMATION.—The report sub12 mitted under paragraph (3) shall be in unclassified 

13 form, but may include a classified annex. 

14 (d) AIRCRAFT SECURITY.— 

15 (1) IN GENERAL.—The Aircraft Systems Infor16 mation Security Protection Working Group shall pe17 riodically review rulemaking, policy, and guidance 

18 for certification of avionics software and hardware 

19 (including any system on board an aircraft) and con20 tinued airworthiness in order to reduce cybersecurity 

21 risks to aircraft systems. 

22 (2) REQUIREMENTS.—In conducting the reviews, 

23 the working group— 

24 (A) shall assess the cybersecurity risks to 

25 aircraft systems, including recognizing the inter-
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1 actions of different components of the national 

2 airspace system and the interdependent and 

3 interconnected nature of aircraft and air traffic 

4 control systems; 

5 (B) shall assess the extent to which existing 

6 rulemaking, policy, and guidance to promote 

7 safety also promote aircraft systems information 

8 security protection; and 

9 (C) based on the results of subparagraphs 

10 (A) and (B), may make recommendations to the 

11 Administrator of the Federal Aviation Adminis12 tration if separate or additional rulemaking, 

13 policy, or guidance is needed to address aircraft 

14 systems information security protection. 

15 (3) IN-FLIGHT ENTERTAINMENT SYSTEMS RE16 VIEW.—As part of its review under subparagraphs 

17 (A) and (B) of paragraph (2), the working group 

18 shall review the cybersecurity risks of in-flight enter19 tainment systems to consider whether such systems 

20 can and should be isolated and separate from systems 

21 required for safe flight and operations, including re22 viewing standards for air gaps or other means deter23 mined appropriate. 

24 (4) RECOMMENDATIONS.—In any recommenda25 tion under paragraph (2)(C), the working group shall 
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1 identify a cost-effective and technology-neutral ap2 proach and incorporate voluntary consensus stand3 ards and best practices and international practices to 

4 the fullest extent possible. 

5 (5) REPORT.— 

6 (A) IN GENERAL.—Not later than 60 days 

7 after the date of enactment of this Act, and peri8 odically thereafter, the working group shall pro9 vide a report to the Administrator of the Federal 

10 Aviation Administration on the findings of the 

11 review and any recommendations. 

12 (B) CONGRESS.—The Administrator shall 

13 submit to the appropriate committees of Congress 

14 a copy of each report provided by the working 

15 group. 

16 (6) CLASSIFIED INFORMATION.—Each report 

17 submitted under this subsection shall be in unclassi18 fied form, but may include a classified annex. 

19 (e) CYBERSECURITY IMPLEMENTATION PROGRESS.— 

20 The Administrator of the Federal Aviation Administration 

21 shall— 

22 (1) not later than 90 days after the date of en23 actment of this Act, and periodically thereafter until 

24 the completion date, provide to the appropriate com25 mittees of Congress a briefing on the actions the Ad-
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1 ministrator has taken to improve information secu2 rity management, including the steps taken to imple3 ment subsections (a), (b) and (c) and all of the issues 

4 and open recommendations identified in cybersecurity 

5 audit reports issued in 2014 and 2015 by the Inspec6 tor General of the Department of Transportation and 

7 the Government Accountability Office; and 

8 (2) not later than 1 year after the date of enact9 ment of this Act, issue a final report to the appro10 priate committees of Congress on the steps taken to 

11 improve information security management, including 

12 implementation of subsections (a), (b) and (c) and all 

13 of the issues and open recommendations identified in 

14 the cybersecurity audit reports issued in 2014 and 

15 2015 by the Inspector General of the Department of 

16 Transportation and the Government Accountability 

17 Office. 

18 SEC. 5030. PROHIBITIONS AGAINST SMOKING ON PAS19 SENGER FLIGHTS. 

20 Section 41706 is amended— 

21 (1) by redesignating subsection (d) as subsection 

22 (e); and 

23 (2) by inserting after subsection (c) the fol24 lowing: 

25 ‘‘(d) ELECTRONIC CIGARETTES.— 
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1 ‘‘(1) INCLUSION.—The use of an electronic ciga2 rette shall be treated as smoking for purposes of this 

3 section. 

4 ‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In this 

5 section, the term ‘electronic cigarette’ means a device 

6 that delivers nicotine or other substances to a user of 

7 the device in the form of a vapor that is inhaled to 

8 simulate the experience of smoking.’’. 

9 SEC. 5031. NATIONAL MULTIMODAL FREIGHT ADVISORY 

10 COMMITTEE. 

11 (a) ESTABLISHMENT.—The Secretary of Transpor12 tation shall establish a national multimodal freight advi13 sory committee (referred to in this section as the ‘‘Com14 mittee’’) in the Department of Transportation, which shall 

15 consist of a balanced cross-section of public and private 

16 freight stakeholders representative of all freight transpor17 tation modes, including— 

18 (1) airports, highways, ports and waterways, 

19 rail, and pipelines; 

20 (2) shippers; 

21 (3) carriers; 

22 (4) freight-related associations; 

23 (5) the freight industry workforce; 

24 (6) State departments of transportation; 

25 (7) local governments; 
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1 (8) metropolitan planning organizations; 

2 (9) regional or local transportation authorities, 

3 such as port authorities; 

4 (10) freight safety organizations; and 

5 (11) university research centers. 

6 (b) PURPOSE.—The purpose of the Committee shall be 

7 to promote a safe, economically efficient, and environ8 mentally sustainable national freight system. 

9 (c) DUTIES.—The Committee, in consultation with 

10 State departments of transportation and metropolitan 

11 planning organizations, shall provide advice and rec12 ommendations to the Secretary of Transportation on mat13 ters related to freight transportation in the United States, 

14 including— 

15 (1) the implementation of freight transportation 

16 requirements; 

17 (2) the establishment of a National Multimodal 

18 Freight Network under section 70103 of title 49, 

19 United States Code; 

20 (3) the development of the national freight stra21 tegic plan under section 70102 of such title; 

22 (4) the development of measures of conditions 

23 and performance in freight transportation; 

24 (5) the development of freight transportation in25 vestment, data, and planning tools; and 
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1 (6) recommendations for Federal legislation. 

2 (d) QUALIFICATIONS.—Each member of the Committee 

3 shall be sufficiently qualified to represent the interests of 

4 the member’s specific stakeholder group, such as— 

5 (1) general business and financial experience; 

6 (2) experience or qualifications in the areas of 

7 freight transportation and logistics; 

8 (3) experience in transportation planning, safe9 ty, technology, or workforce issues; 

10 (4) experience representing employees of the 

11 freight industry; 

12 (5) experience representing State or local govern13 ments or metropolitan planning organizations in 

14 transportation-related issues; or 

15 (6) experience in trade economics relating to 

16 freight flows. 

17 (e) SUPPORT STAFF, INFORMATION, AND SERVICES.— 

18 The Secretary of Transportation shall provide support staff 

19 for the Committee. Upon the request of the Committee, the 

20 Secretary shall provide such information, administrative 

21 services, and supplies as the Secretary considers necessary 

22 for the Committee to carry out its duties under this section. 
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1 SEC. 5032. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) AIRPORT CAPACITY ENHANCEMENT PROJECTS AT

3 CONGESTED AIRPORTS.—Section 40104(c) is amended by 

4 striking ‘‘47176’’ and inserting ‘‘47175’’. 

5 (b) CONSULTATION ON CARRIER RESPONSE NOT COV6 ERED BY PLAN.—Section 41313(c)(16), as amended by sec7 tion 3104 of this Act, is further amended by striking ‘‘the 

8 foreign air carrier will consult’’ and inserting ‘‘will con9 sult’’. 

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

11 striking ‘‘and –administrative’’ and inserting ‘‘and admin12 istrative’’. 

13 (d) FLIGHT ATTENDANT CERTIFICATION.—Section 

14 44728 is amended— 

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

16 inserting ‘‘title’’; and 

17 (2) in subsection (d)(3), by striking ‘‘is’’ and in18 serting ‘‘be’’. 

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

20 amended by striking ‘‘United States government’’ and in21 serting ‘‘United States Government’’. 

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

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

24 U.S.C. App.))’’. 

25 (g) ALLOWABLE COST STANDARDS.—Section 

26 47110(b)(2) is amended— 
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1 (1) in subparagraph (B), by striking 

2 ‘‘compatability’’ and inserting ‘‘compatibility’’; and 

3 (2) in subparagraph (D)(i), by striking ‘‘cli4 mactic’’ and inserting ‘‘climatic’’. 

5 (h) DEFINITION OF QUALIFIED HUBZONE SMALL

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

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

8 632(p))’’. 

9 (i) DISCRETIONARY FUND.—Section 47115, as amend10 ed by section 1006 of this Act, is further amended— 

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

12 (2) by redesignating subsection (j) as subsection 

13 (i). 

14 (j) SPECIAL APPORTIONMENT CATEGORIES.—Section 

15 47117(e)(1)(B) is amended by striking ‘‘at least’’ and in16 serting ‘‘At least’’. 

17 (k) SOLICITATION AND CONSIDERATION OF COM18 MENTS.—Section 47171(l) is amended by striking ‘‘4371’’ 

19 and inserting ‘‘4321’’. 

20 (l) OPERATIONS AND MAINTENANCE.—Section 48104 

21 is amended by striking ‘‘(a) AUTHORIZATION OF APPRO22 PRIATIONS.—the’’ and inserting ‘‘The’’. 

23 (m) EXPENDITURES FROM AIRPORT AND AIRWAY

24 TRUST FUND.—Section 9502(d)(2) of the Internal Revenue 
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1 Code of 1986 is amended by striking ‘‘farms’’ and inserting 

2 ‘‘farms)’’. 

3 SEC. 5033. VISIBLE DETERRENT. 

4 Section 1303 of the Implementing Recommendations 

5 of the 9/11 Commission Act of 2007 (6 U.S.C. 1112) is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (3), by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (B) in paragraph (4), by striking the period 

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

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

13 ‘‘(5) if the VIPR team is deployed to an airport, 

14 shall require, as appropriate based on risk, that the 

15 VIPR team conduct operations— 

16 ‘‘(A) in the sterile area and any other areas 

17 to which only individuals issued security creden18 tials have unescorted access; and 

19 ‘‘(B) in non-sterile areas.’’; and 

20 (2) in subsection (b), by striking ‘‘such sums as 

21 necessary for fiscal years 2007 through 2011’’ and in22 serting ‘‘such sums as necessary, including funds to 

23 develop not more than 60 VIPR teams, for fiscal 

24 years 2016 through 2017’’. 
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1 SEC. 5034. LAW ENFORCEMENT TRAINING FOR MASS CAS2 UALTY AND ACTIVE SHOOTER INCIDENTS. 

3 Section 2006(a)(2) of the Homeland Security Act of 

4 2002 (6 U.S.C. 607(a)(2)) is amended— 

5 (1) by redesignating subparagraphs (E) through 

6 (I) as subparagraphs (F) through (J), respectively; 

7 and 

8 (2) by inserting after subparagraph (D) the fol9 lowing: 

10 ‘‘(E) training exercises to enhance pre11 paredness for and response to mass casualty and 

12 active shooter incidents and security events at 

13 public locations, including airports and mass 

14 transit systems;’’. 

15 SEC. 5035. ASSISTANCE TO AIRPORTS AND SURFACE TRANS16 PORTATION SYSTEMS. 

17 Section 2008(a) of the Homeland Security Act of 2002 

18 (6 U.S.C. 609(a)) is amended— 

19 (1) by redesigning paragraphs (9) through (13) 

20 as paragraphs (10) through (14), respectively; and 

21 (2) by inserting after paragraph (8) the fol22 lowing: 

23 ‘‘(9) enhancing the security and preparedness of 

24 secure and non-secure areas of eligible airports and 

25 surface transportation systems.’’. 
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1 SEC. 5036. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 

2 2 AIRPLANES. 

3 (a) IN GENERAL.—Notwithstanding section 47534 of 

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

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

6 the Federal Aviation Administration shall initiate a pilot 

7 program to permit the operator of a Stage 2 airplane to 

8 operate that airplane in nonrevenue service into not more 

9 than four medium hub airports or nonhub airports if— 

10 (1) the airport— 

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

12 Code of Federal Regulations; 

13 (B) has a runway that— 

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

15 less than 200 feet wide; and 

16 (ii) is load bearing with a pavement 

17 classification number of not less than 38; 

18 and 

19 (C) has a maintenance facility with a 

20 maintenance certificate issued under part 145 of 

21 such title; and 

22 (2) the operator of the Stage 2 airplane operates 

23 not more than 10 flights per month using that air24 plane. 

25 (b) TERMINATION.—The regulations required by sub26 section (a) shall terminate on the earlier of— 
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1 (1) the date that is 10 years after the date of the 

2 enactment of this Act; or 

3 (2) the date on which the Administrator deter4 mines that no Stage 2 airplanes remain in service. 

5 (c) DEFINITIONS.—In this section: 

6 (1) MEDIUM HUB AIRPORT; NONHUB AIRPORT.— 

7 The terms ‘‘medium hub airport’’ and ‘‘nonhub air8 port’’ have the meanings given those terms in section 

9 40102 of title 49, United States Code. 

10 (2) STAGE 2 AIRPLANE.—The term ‘‘Stage 2 air11 plane’’ has the meaning given that term in section 

12 91.851 of title 14, Code of Federal Regulations (as in 

13 effect on the day before the date of the enactment of 

14 this Act). 

15 TITLE VI—TRANSPORTATION SE16 CURITY AND TERRORISM PRE17 VENTION 

18 Subtitle A—Airport Security 

19 Enhancement and Oversight Act 

20 SEC. 6101. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Airport Security 

22 Enhancement and Oversight Act’’. 

23 SEC. 6102. FINDINGS. 

24 Congress makes the following findings: 
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1 (1) A number of recent airport security breaches 

2 in the United States have involved the use of Secure 

3 Identification Display Area (referred to in this sec4 tion as ‘‘SIDA’’) badges, the credentials used by air5 port and airline workers to access the secure areas of 

6 an airport. 

7 (2) In December 2014, a Delta ramp agent at 

8 Hartsfield-Jackson Atlanta International Airport was 

9 charged with using his SIDA badge to bypass airport 

10 security checkpoints and facilitate an interstate gun 

11 smuggling operation over a number of months via 

12 commercial aircraft. 

13 (3) In January 2015, an Atlanta-based Aviation 

14 Safety Inspector of the Federal Aviation Administra15 tion used his SIDA badge to bypass airport security 

16 checkpoints and transport a firearm in his carry-on 

17 luggage. 

18 (4) In February 2015, a local news investigation 

19 found that over 1,000 SIDA badges at Hartsfield20 Jackson Atlanta International Airport were lost or 

21 missing. 

22 (5) In March 2015, and again in May 2015, 

23 Transportation Security Administration contractors 

24 were indicted for participating in a drug smuggling 
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1 ring using luggage passed through the secure area of 

2 the San Francisco International Airport. 

3 (6) The Administration has indicated that it 

4 does not maintain a list of lost or missing SIDA 

5 badges, and instead relies on airport operators to 

6 track airport worker credentials. 

7 (7) The Administration rarely uses its enforce8 ment authority to fine airport operators that reach a 

9 certain threshold of missing SIDA badges. 

10 (8) In April 2015, the Aviation Security Advi11 sory Committee issued 28 recommendations for im12 provements to airport access control. 

13 (9) In June 2015, the Inspector General of the 

14 Department of Homeland Security reported that the 

15 Administration did not have all relevant information 

16 regarding 73 airport workers who had records in 

17 United States intelligence-related databases because 

18 the Administration was not authorized to receive all 

19 terrorism-related information under current inter20 agency watchlisting policy. 

21 (10) The Inspector General also found that the 

22 Administration did not have appropriate checks in 

23 place to reject incomplete or inaccurate airport work24 er employment investigations, including criminal his25 tory record checks and work authorization 
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1 verifications, and had limited oversight over the air2 port operators that the Administration relies on to 

3 perform criminal history and work authorization 

4 checks for airport workers. 

5 (11) There is growing concern about the poten6 tial insider threat at airports in light of recent ter7 rorist activities. 

8 SEC. 6103. DEFINITIONS. 

9 In this subtitle: 

10 (1) ADMINISTRATION.—The term ‘‘Administra11 tion’’ means the Transportation Security Administra12 tion. 

13 (2) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Transpor15 tation Security Administration. 

16 (3) APPROPRIATE COMMITTEES OF CONGRESS.— 

17 The term ‘‘appropriate committees of Congress’’ 

18 means— 

19 (A) the Committee on Commerce, Science, 

20 and Transportation of the Senate; 

21 (B) the Committee on Homeland Security 

22 and Governmental Affairs of the Senate; and 

23 (C) the Committee on Homeland Security of 

24 the House of Representatives. 
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1 (4) ASAC.—The term ‘‘ASAC’’ means the Avia2 tion Security Advisory Committee established under 

3 section 44946 of title 49, United States Code. 

4 (5) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Homeland Security. 

6 (6) SIDA.—The term ‘‘SIDA’’ means Secure 

7 Identification Display Area as defined in section 

8 1540.5 of title 49, Code of Federal Regulations, or 

9 any successor regulation to such section. 

10 SEC. 6104. THREAT ASSESSMENT. 

11 (a) INSIDER THREATS.— 

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

13 the date of enactment of this Act, the Administrator 

14 shall conduct or update an assessment to determine 

15 the level of risk posed to the domestic air transpor16 tation system by individuals with unescorted access to 

17 a secure area of an airport (as defined in section 

18 44903(j)(2)(H)) in light of recent international ter19 rorist activity. 

20 (2) CONSIDERATIONS.—In conducting or updat21 ing the assessment under paragraph (1), the Adminis22 trator shall consider— 

23 (A) domestic intelligence; 

24 (B) international intelligence; 
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1 (C) the vulnerabilities associated with 

2 unescorted access authority granted to domestic 

3 airport operators and air carriers, and their em4 ployees; 

5 (D) the vulnerabilities associated with 

6 unescorted access authority granted to foreign 

7 airport operators and air carriers, and their em8 ployees; 

9 (E) the processes and practices designed to 

10 mitigate the vulnerabilities associated with 

11 unescorted access privileges granted to airport 

12 operators and air carriers, and their employees; 

13 (F) the recent security breaches at domestic 

14 and foreign airports; and 

15 (G) the recent security improvements at do16 mestic airports, including the implementation of 

17 recommendations made by relevant advisory 

18 committees. 

19 (b) REPORTS TO CONGRESS.—The Administrator shall 

20 submit to the appropriate committees of Congress— 

21 (1) a report on the results of the assessment 

22 under subsection (a), including any recommendations 

23 for improving aviation security; 

24 (2) a report on the implementation status of any 

25 recommendations made by the ASAC; and 
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1 (3) regular updates about the insider threat envi2 ronment as new information becomes available and as 

3 needed. 

4 SEC. 6105. OVERSIGHT. 

5 (a) ENHANCED REQUIREMENTS.— 

6 (1) IN GENERAL.—Subject to public notice and 

7 comment, and in consultation with airport operators, 

8 the Administrator shall update the rules on access 

9 controls issued by the Secretary under chapter 449 of 

10 title 49, United States Code. 

11 (2) CONSIDERATIONS.—As part of the update 

12 under paragraph (1), the Administrator shall con13 sider— 

14 (A) increased fines and advanced oversight 

15 for airport operators that report missing more 

16 than 5 percent of credentials for unescorted ac17 cess to any SIDA of an airport; 

18 (B) best practices for Category X airport 

19 operators that report missing more than 3 per20 cent of credentials for unescorted access to any 

21 SIDA of an airport; 

22 (C) additional audits and status checks for 

23 airport operators that report missing more than 

24 3 percent of credentials for unescorted access to 

25 any SIDA of an airport; 
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1 (D) review and analysis of the prior 5 years 

2 of audits for airport operators that report miss3 ing more than 3 percent of credentials for 

4 unescorted access to any SIDA of an airport; 

5 (E) increased fines and direct enforcement 

6 requirements for both airport workers and their 

7 employers that fail to report within 24 hours an 

8 employment termination or a missing credential 

9 for unescorted access to any SIDA of an airport; 

10 and 

11 (F) a method for termination by the em12 ployer of any airport worker that fails to report 

13 in a timely manner missing credentials for 

14 unescorted access to any SIDA of an airport. 

15 (b) TEMPORARY CREDENTIALS.—The Administrator 

16 may encourage the issuance by airport and aircraft opera17 tors of free one-time, 24-hour temporary credentials for 

18 workers who have reported their credentials missing, but not 

19 permanently lost, stolen, or destroyed, in a timely manner, 

20 until replacement of credentials under section 1542.211 of 

21 title 49 Code of Federal Regulations is necessary. 

22 (c) NOTIFICATION AND REPORT TO CONGRESS.—The 

23 Administrator shall— 

24 (1) notify the appropriate committees of Con25 gress each time an airport operator reports that more 
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1 than 3 percent of credentials for unescorted access to 

2 any SIDA at a Category X airport are missing or 

3 more than 5 percent of credentials to access any 

4 SIDA at any other airport are missing; and 

5 (2) submit to the appropriate committees of Con6 gress an annual report on the number of violations 

7 and fines related to unescorted access to the SIDA of 

8 an airport collected in the preceding fiscal year. 

9 SEC. 6106. CREDENTIALS. 

10 (a) LAWFUL STATUS.—Not later than 90 days after 

11 the date of enactment of this Act, the Administrator shall 

12 issue guidance to airport operators regarding placement of 

13 an expiration date on each airport credential issued to a 

14 non-United States citizen no longer than the period of time 

15 during which that non-United States citizen is lawfully au16 thorized to work in the United States. 

17 (b) REVIEW OF PROCEDURES.— 

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

19 the date of enactment of this Act, the Administrator 

20 shall— 

21 (A) issue guidance for transportation secu22 rity inspectors to annually review the procedures 

23 of airport operators and air carriers for appli24 cants seeking unescorted access to any SIDA of 

25 an airport; and 
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1 (B) make available to airport operators and 

2 air carriers information on identifying sus3 picious or fraudulent identification materials. 

4 (2) INCLUSIONS.—The guidance shall require a 

5 comprehensive review of background checks and em6 ployment authorization documents issued by the Citi7 zenship and Immigration Services during the course 

8 of a review of procedures under paragraph (1). 

9 SEC. 6107. VETTING. 

10 (a) ELIGIBILITY REQUIREMENTS.— 

11 (1) IN GENERAL.—Not later than 180 days after 

12 the date of enactment of this Act, and subject to pub13 lic notice and comment, the Administrator shall re14 vise the regulations issued under section 44936 of title 

15 49, United States Code, in accordance with this sec16 tion and current knowledge of insider threats and in17 telligence, to enhance the eligibility requirements and 

18 disqualifying criminal offenses for individuals seeking 

19 or having unescorted access to a SIDA of an airport. 

20 (2) DISQUALIFYING CRIMINAL OFFENSES.—In re21 vising the regulations under paragraph (1), the Ad22 ministrator shall consider adding to the list of dis23 qualifying criminal offenses and criteria the offenses 

24 and criteria listed in section 122.183(a)(4) of title 19, 
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1 Code of Federal Regulations and section 1572.103 of 

2 title 49, Code of Federal Regulations. 

3 (3) WAIVER PROCESS FOR DENIED CREDEN4 TIALS.—Notwithstanding section 44936(b) of title 49, 

5 United States Code, in revising the regulations under 

6 paragraph (1) of this subsection, the Administrator 

7 shall— 

8 (A) ensure there exists or is developed a 

9 waiver process for approving the issuance of cre10 dentials for unescorted access to the SIDA, for an 

11 individual found to be otherwise ineligible for 

12 such credentials; and 

13 (B) consider, as appropriate and prac14 ticable— 

15 (i) the circumstances of any disquali16 fying act or offense, restitution made by the 

17 individual, Federal and State mitigation 

18 remedies, and other factors from which it 

19 may be concluded that the individual does 

20 not pose a terrorism risk or a risk to avia21 tion security warranting denial of the cre22 dential; and 

23 (ii) the elements of the appeals and 

24 waiver process established under section 

25 70105(c) of title 46, United States Code. 
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1 (4) LOOK BACK.—In revising the regulations 

2 under paragraph (1), the Administrator shall propose 

3 that an individual be disqualified if the individual 

4 was convicted, or found not guilty by reason of insan5 ity, of a disqualifying criminal offense within 15 

6 years before the date of an individual’s application, 

7 or if the individual was incarcerated for that crime 

8 and released from incarceration within 5 years before 

9 the date of the individual’s application. 

10 (5) CERTIFICATIONS.—The Administrator shall 

11 require an airport or aircraft operator, as applicable, 

12 to certify for each individual who receives unescorted 

13 access to any SIDA of an airport that— 

14 (A) a specific need exists for providing that 

15 individual with unescorted access authority; and 

16 (B) the individual has certified to the air17 port or aircraft operator that the individual un18 derstands the requirements for possessing a 

19 SIDA badge. 

20 (6) REPORT TO CONGRESS.—Not later than 90 

21 days after the date of enactment, the Administrator 

22 shall submit to the appropriate committees of Con23 gress a report on the status of the revision to the regu24 lations issued under section 44936 of title 49, United 

25 States Code, in accordance with this section. 
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1 (7) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection may be construed to affect existing avia3 tion worker vetting fees imposed by the Administra4 tion. 

5 (b) RECURRENT VETTING.— 

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

7 the date of enactment of this Act, the Administrator 

8 and the Director of the Federal Bureau of Investiga9 tion shall fully implement the Rap Back service for 

10 recurrent vetting of eligible Administration-regulated 

11 populations of individuals with unescorted access to 

12 any SIDA of an airport. 

13 (2) REQUIREMENTS.—As part of the requirement 

14 in paragraph (1), the Administrator shall ensure 

15 that— 

16 (A) any status notifications the Adminis17 tration receives through the Rap Back service 

18 about criminal offenses be limited to only dis19 qualifying criminal offenses in accordance with 

20 the regulations promulgated by the Administra21 tion under section 44903 of title 49, United 

22 States Code, or other Federal law; and 

23 (B) any information received by the Ad24 ministration through the Rap Back service is 
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1 provided directly and immediately to the rel2 evant airport and aircraft operators. 

3 (3) REPORT TO CONGRESS.—Not later than 60 

4 days after the date of enactment of this Act, the Ad5 ministrator shall submit to the appropriate commit6 tees of Congress a report on the implementation status 

7 of the Rap Back service. 

8 (c) ACCESS TO TERRORISM-RELATED DATA.—Not 

9 later than 30 days after the date of enactment of this Act, 

10 the Administrator and the Director of National Intelligence 

11 shall coordinate to ensure that the Administrator is author12 ized to receive automated, real-time access to additional 

13 Terrorist Identities Datamart Environment (TIDE) data 

14 and any other terrorism related category codes to improve 

15 the effectiveness of the Administration’s credential vetting 

16 program for individuals that are seeking or have unescorted 

17 access to a SIDA of an airport. 

18 (d) ACCESS TO E-VERIFY AND SAVE PROGRAMS.— 

19 Not later than 90 days after the date of enactment of this 

20 Act, the Secretary shall authorize each airport operator to 

21 have direct access to the E-Verify program and the System22 atic Alien Verification for Entitlements (SAVE) automated 

23 system to determine the eligibility of individuals seeking 

24 unescorted access to a SIDA of an airport. 
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1 SEC. 6108. METRICS. 

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

3 of enactment of this Act, the Administrator shall develop 

4 and implement performance metrics to measure the effec5 tiveness of security for the SIDAs of airports. 

6 (b) CONSIDERATIONS.—In developing the performance 

7 metrics under subsection (a), the Administrator may con8 sider— 

9 (1) adherence to access point procedures; 

10 (2) proper use of credentials; 

11 (3) differences in access point requirements be12 tween airport workers performing functions on the 

13 airside of an airport and airport workers performing 

14 functions in other areas of an airport; 

15 (4) differences in access point characteristics and 

16 requirements at airports; and 

17 (5) any additional factors the Administrator 

18 considers necessary to measure performance. 

19 SEC. 6109. INSPECTIONS AND ASSESSMENTS. 

20 (a) MODEL AND BEST PRACTICES.—Not later than 

21 180 days after the date of enactment of this Act, the Admin22 istrator, in consultation with the ASAC, shall develop a 

23 model and best practices for unescorted access security 

24 that— 

25 (1) use intelligence, scientific algorithms, and 

26 risk-based factors; 
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1 (2) ensure integrity, accountability, and control; 

2 (3) subject airport workers to random physical 

3 security inspections conducted by Administration rep4 resentatives in accordance with this section; 

5 (4) appropriately manage the number of SIDA 

6 access points to improve supervision of and reduce 

7 unauthorized access to these areas; and 

8 (5) include validation of identification mate9 rials, such as with biometrics. 

10 (b) INSPECTIONS.—Consistent with a risk-based secu11 rity approach, the Administrator shall expand the use of 

12 transportation security officers and inspectors to conduct 

13 enhanced, random and unpredictable, data-driven, and 

14 operationally dynamic physical inspections of airport 

15 workers in each SIDA of an airport and at each SIDA ac16 cess point— 

17 (1) to verify the credentials of airport workers; 

18 (2) to determine whether airport workers possess 

19 prohibited items, except for those that may be nec20 essary for the performance of their duties, as appro21 priate, in any SIDA of an airport; and 

22 (3) to verify whether airport workers are fol23 lowing appropriate procedures to access a SIDA of an 

24 airport. 

25 (c) SCREENING REVIEW.— 
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1 (1) IN GENERAL.—The Administrator shall con2 duct a review of airports that have implemented addi3 tional airport worker screening or perimeter security 

4 to improve airport security, including— 

5 (A) comprehensive airport worker screening 

6 at access points to secure areas; 

7 (B) comprehensive perimeter screening, in8 cluding vehicles; 

9 (C) enhanced fencing or perimeter sensors; 

10 and 

11 (D) any additional airport worker screen12 ing or perimeter security measures the Adminis13 trator identifies. 

14 (2) BEST PRACTICES.—After completing the re15 view under paragraph (1), the Administrator shall— 

16 (A) identify best practices for additional ac17 cess control and airport worker security at air18 ports; and 

19 (B) disseminate the best practices identified 

20 under subparagraph (A) to airport operators. 

21 (3) PILOT PROGRAM.—The Administrator may 

22 conduct a pilot program at 1 or more airports to test 

23 and validate best practices for comprehensive airport 

24 worker screening or perimeter security under para25 graph (2). 
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1 SEC. 6110. COVERT TESTING. 

2 (a) IN GENERAL.—The Administrator shall increase 

3 the use of red-team, covert testing of access controls to any 

4 secure areas of an airport. 

5 (b) ADDITIONAL COVERT TESTING.—The Inspector 

6 General of the Department of Homeland Security shall con7 duct red-team, covert testing of airport access controls to 

8 the SIDA of airports. 

9 (c) REPORTS TO CONGRESS.— 

10 (1) ADMINISTRATOR REPORT.—Not later than 90 

11 days after the date of enactment of this Act, the Ad12 ministrator shall submit to the appropriate committee 

13 of Congress a report on the progress to expand the use 

14 of inspections and of red-team, covert testing under 

15 subsection (a). 

16 (2) INSPECTOR GENERAL REPORT.—Not later 

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

18 the Inspector General of the Department of Homeland 

19 Security shall submit to the appropriate committee of 

20 Congress a report on the effectiveness of airport access 

21 controls to the SIDA of airports based on red-team, 

22 covert testing under subsection (b). 

23 SEC. 6111. SECURITY DIRECTIVES. 

24 (a) REVIEW.—Not later than 180 days after the date 

25 of enactment of this Act, and annually thereafter, the Ad26 ministrator, in consultation with the appropriate regulated 
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1 entities, shall conduct a comprehensive review of every cur2 rent security directive addressed to any regulated entity— 

3 (1) to determine whether the security directive 

4 continues to be relevant; 

5 (2) to determine whether the security directives 

6 should be streamlined or consolidated to most effi7 ciently maximize risk reduction; and 

8 (3) to update, consolidate, or revoke any security 

9 directive as necessary. 

10 (b) NOTICE.—For each security directive that the Ad11 ministrator issues, the Administrator shall submit to the 

12 appropriate committees of Congress notice of— 

13 (1) the extent to which the security directive re14 sponds to a specific threat, security threat assessment, 

15 or emergency situation against civil aviation; and 

16 (2) when it is anticipated that the security direc17 tive will expire. 

18 SEC. 6112. IMPLEMENTATION REPORT. 

19 Not later than 1 year after the date of enactment of 

20 this Act, the Comptroller General of the United States 

21 shall— 

22 (1) assess the progress made by the Administra23 tion and the effect on aviation security of imple24 menting the requirements under sections 6104 through 

25 6111 of this Act; and 
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1 (2) report to the appropriate committees of Con2 gress on the results of the assessment under paragraph 

3 (1), including any recommendations. 

4 SEC. 6113. MISCELLANEOUS AMENDMENTS. 

5 (a) ASAC TERMS OF OFFICE.—Section 

6 44946(c)(2)(A) is amended to read as follows: 

7 ‘‘(A) TERMS.—The term of each member of 

8 the Advisory Committee shall be 2 years, but a 

9 member may continue to serve until the Assist10 ant Secretary appoints a successor. A member of 

11 the Advisory Committee may be reappointed.’’. 

12 (b) FEEDBACK.—Section 44946(b)(5) is amended to 

13 read as follows: 

14 ‘‘(5) FEEDBACK.—Not later than 90 days after 

15 receiving recommendations transmitted by the Advi16 sory Committee under paragraph (2) or paragraph 

17 (4), the Assistant Secretary shall respond in writing 

18 to the Advisory Committee with feedback on each of 

19 the recommendations, an action plan to implement 

20 any of the recommendations with which the Assistant 

21 Secretary concurs, and a justification for why any of 

22 the recommendations have been rejected.’’. 
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1 Subtitle B—TSA PreCheck 

2 Expansion Act 

3 SEC. 6201. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘TSA PreCheck Ex5 pansion Act’’. 

6 SEC. 6202. DEFINITIONS. 

7 In this subtitle: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Transpor10 tation Security Administration. 

11 (2) DEPARTMENT.—The term ‘‘Department’’ 

12 means the Department of Homeland Security. 

13 (3) PRECHECK PROGRAM.—The term ‘‘PreCheck 

14 Program’’ means the trusted traveler program imple15 mented by the Transportation Security Administra16 tion under section 109(a)(3) of the Aviation and 

17 Transportation Security Act (49 U.S.C. 114). 

18 (4) TSA.—The term ‘‘TSA’’ means the Trans19 portation Security Administration. 

20 SEC. 6203. PRECHECK PROGRAM AUTHORIZATION. 

21 The Administrator shall continue to administer the 

22 PreCheck Program established under the authority of the 

23 Aviation and Transportation Security Act (Public Law 

24 107–71; 115 Stat. 597). 
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1 SEC. 6204. PRECHECK PROGRAM ENROLLMENT EXPANSION. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 date of enactment of this Act, the Administrator shall pub4 lish PreCheck Program enrollment standards that add mul5 tiple private sector application capabilities for the 

6 PreCheck Program to increase the public’s enrollment access 

7 to the program, including standards that allow the use of 

8 secure technologies, including online enrollment, kiosks, tab9 lets, or staffed laptop stations at which individuals can 

10 apply for entry into the program. 

11 (b) REQUIREMENTS.—Upon publication of the 

12 PreCheck Program enrollment standards under subsection 

13 (a), the Administrator shall— 

14 (1) coordinate with interested parties— 

15 (A) to deploy TSA-approved ready-to-mar16 ket private sector solutions that meet the 

17 PreCheck Program enrollment standards under 

18 subsection (a); 

19 (B) to make available additional PreCheck 

20 Program enrollment capabilities; and 

21 (C) to offer secure online and mobile enroll22 ment opportunities; 

23 (2) partner with the private sector to collect bio24 graphic and biometric identification information via 

25 kiosks, mobile devices, or other mobile enrollment 

26 platforms to increase enrollment flexibility and mini-
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1 mize the amount of travel to enrollment centers for 

2 applicants; 

3 (3) ensure that any information, including bio4 graphic information, is collected in a manner that— 

5 (A) is comparable with the appropriate and 

6 applicable standards developed by the National 

7 Institute of Standards and Technology; and 

8 (B) protects privacy and data security, in9 cluding that any personally identifiable informa10 tion is collected, retained, used, and shared in a 

11 manner consistent with section 552a of title 5, 

12 United States Code (commonly known as ‘‘Pri13 vacy Act of 1974’’), and with agency regulations; 

14 (4) ensure that the enrollment process is stream15 lined and flexible to allow an individual to provide 

16 additional information to complete enrollment and 

17 verify identity; 

18 (5) ensure that any enrollment expansion using 

19 a private sector risk assessment instead of a finger20 print-based criminal history records check is evalu21 ated and certified by the Secretary of Homeland Se22 curity, and verified by the Government Accountability 

23 Office or a federally funded research and development 

24 center after award to be equivalent to a fingerprint25 based criminal history records check conducted 
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1 through the Federal Bureau of Investigation with re2 spect to the effectiveness in identifying individuals 

3 who are not qualified to participate in the PreCheck 

4 program due to disqualifying criminal history; and 

5 (6) ensure that the Secretary has certified that 

6 reasonable procedures are in place with regard to the 

7 accuracy, relevancy, and proper utilization of infor8 mation employed in private sector risk assessments. 

9 (c) MARKETING OF PRECHECK PROGRAM.—Upon 

10 publication of PreCheck Program enrollment standards 

11 under subsection (a), the Administrator shall— 

12 (1) in accordance with those standards, develop 

13 and implement— 

14 (A) a continual process, including an asso15 ciated timeframe, for approving private sector 

16 marketing of the PreCheck Program; and 

17 (B) a long-term strategy for partnering 

18 with the private sector to encourage enrollment 

19 in such program; 

20 (2) submit to Congress, at the end of each fiscal 

21 year, a report on any PreCheck Program application 

22 fees collected in excess of the costs of administering the 

23 program, including to access the feasibility of the pro24 gram, for the preceding fiscal year; and 
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1 (3) include in the report under paragraph (2) 

2 recommendations for using such amounts to support 

3 marketing of the program under this subsection. 

4 (d) IDENTITY VERIFICATION ENHANCEMENT.—Not 

5 later than 120 days after the date of enactment of this Act, 

6 the Administrator shall— 

7 (1) coordinate with the heads of appropriate 

8 components of the Department to leverage depart9 ment-held data and technologies to verify the citizen10 ship of individuals enrolling in the PreCheck Pro11 gram; 

12 (2) partner with the private sector to use bio13 metrics and authentication standards, such as rel14 evant standards developed by the National Institute of 

15 Standards and Technology, to facilitate enrollment in 

16 the program; and 

17 (3) consider leveraging the existing resources and 

18 abilities of airports to conduct fingerprint and back19 ground checks to expedite identity verification. 

20 (e) PRECHECK PROGRAM LANES OPERATION.—The 

21 Administrator shall— 

22 (1) ensure that PreCheck Program screening 

23 lanes are open and available during peak and high24 volume travel times at appropriate airports to indi25 viduals enrolled in the PreCheck Program; and 
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1 (2) make every practicable effort to provide expe2 dited screening at standard screening lanes during 

3 times when PreCheck Program screening lanes are 

4 closed to individuals enrolled in the program in order 

5 to maintain operational efficiency. 

6 (f) VETTING FOR PRECHECK PROGRAM PARTICI7 PANTS.—Not later than 90 days after the date of enactment 

8 of this Act, the Administrator shall initiate an assessment 

9 to identify any security vulnerabilities in the vetting proc10 ess for the PreCheck Program, including determining 

11 whether subjecting PreCheck Program participants to re12 current fingerprint-based criminal history records checks, 

13 in addition to recurrent checks against the terrorist 

14 watchlist, could be done in a cost-effective manner to 

15 strengthen the security of the PreCheck Program. 

16 Subtitle C—Securing Aviation From 

17 Foreign Entry Points and 

18 Guarding Airports Through En19 hanced Security Act of 2016 

20 SEC. 6301. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Securing Aviation 

22 from Foreign Entry Points and Guarding Airports 

23 Through Enhanced Security Act of 2016’’. 
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1 SEC. 6302. LAST POINT OF DEPARTURE AIRPORT SECURITY 

2 ASSESSMENT. 

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

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

5 Transportation Security Administration shall conduct a 

6 comprehensive security risk assessment of all last point of 

7 departure airports with nonstop flights to the United 

8 States. 

9 (b) CONTENTS.—The security risk assessment required 

10 under subsection (a) shall include consideration of the fol11 lowing: 

12 (1) The level of coordination and cooperation be13 tween the Transportation Security Administration 

14 and the foreign government of the country in which 

15 the last point of departure airport with nonstop 

16 flights to the United States is located. 

17 (2) The intelligence and threat mitigation capa18 bilities of the country in which such airport is lo19 cated. 

20 (3) The number of known or suspected terrorists 

21 annually transiting through such airport. 

22 (4) The degree to which the foreign government 

23 of the country in which such airport is located man24 dates, encourages, or prohibits the collection, analysis, 

25 and sharing of passenger name records. 
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1 (5) The passenger security screening practices, 

2 capabilities, and capacity of such airport. 

3 (6) The security vetting undergone by aviation 

4 workers at such airport. 

5 (7) The access controls utilized by such airport 

6 to limit to authorized personnel access to secure and 

7 sterile areas of such airports. 

8 SEC. 6303. SECURITY COORDINATION ENHANCEMENT PLAN. 

9 (a) IN GENERAL.—Not later than 240 days after the 

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

11 Transportation Security Administration shall submit to 

12 Congress and the Government Accountability Office a 

13 plan— 

14 (1) to enhance and bolster security collaboration, 

15 coordination, and information sharing relating to se16 curing international-inbound aviation between the 

17 United States and domestic and foreign partners, in18 cluding U.S. Customs and Border Protection, foreign 

19 government entities, passenger air carriers, cargo air 

20 carriers, and United States Government entities, in 

21 order to enhance security capabilities at foreign air22 ports, including airports that may not have nonstop 

23 flights to the United States but are nonetheless deter24 mined by the Administrator to be high risk; and 
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1 (2) that includes an assessment of the ability of 

2 the Administration to enter into a mutual agreement 

3 with a foreign government entity that permits Ad4 ministration representatives to conduct without prior 

5 notice inspections of foreign airports. 

6 (b) GAO REVIEW.—Not later than 180 days after the 

7 submission of the plan required under subsection (a), the 

8 Comptroller General of the United States shall review the 

9 efforts, capabilities, and effectiveness of the Transportation 

10 Security Administration to enhance security capabilities at 

11 foreign airports and determine if the implementation of 

12 such efforts and capabilities effectively secures inter13 national-inbound aviation. 

14 SEC. 6304. WORKFORCE ASSESSMENT. 

15 Not later than 270 days after the date of enactment 

16 of this Act, the Administrator of the Transportation Secu17 rity Administration shall submit to Congress a comprehen18 sive workforce assessment of all Administration personnel 

19 within the Office of Global Strategies of the Administration 

20 or whose primary professional duties contribute to the Ad21 ministration’s global efforts to secure transportation secu22 rity, including a review of whether such personnel are as23 signed in a risk-based, intelligence-driven manner. 
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1 SEC. 6305. DONATION OF SCREENING EQUIPMENT TO PRO2 TECT THE UNITED STATES. 

3 (a) IN GENERAL.—The Administrator of the Trans4 portation Security Administration is authorized to donate 

5 security screening equipment to a foreign last point of de6 parture airport operator if such equipment can be reason7 ably expected to mitigate a specific vulnerability to the se8 curity of the United States or United States citizens. 

9 (b) REPORT.—Not later than 30 days before any dona10 tion of security screening equipment pursuant to subsection 

11 (a), the Administrator of the Transportation Security Ad12 ministration shall provide to the Committee on Homeland 

13 Security and Governmental Affairs and the Committee on 

14 Commerce, Science, and Transportation of the Senate and 

15 the Committee on Homeland Security of the House of Rep16 resentatives a detailed written explanation of the following: 

17 (1) The specific vulnerability to the United 

18 States or United States citizens that will be mitigated 

19 by such donation. 

20 (2) An explanation as to why the recipient of 

21 such donation is unable or unwilling to purchase se22 curity screening equipment to mitigate such vulner23 ability. 

24 (3) An evacuation plan for sensitive technologies 

25 in case of emergency or instability in the country to 

26 which such donation is being made. 
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1 (4) How the Administrator will ensure the secu2 rity screening equipment that is being donated is 

3 used and maintained over the course of its life by the 

4 recipient. 

5 (5) The total dollar value of such donation. 

6 SEC. 6306. NATIONAL CARGO SECURITY PROGRAM. 

7 (a) IN GENERAL.—The Administrator of the Trans8 portation Security Administration may evaluate foreign 

9 countries’ air cargo security programs to determine whether 

10 such programs provide a level of security commensurate 

11 with the level of security required by United States air 

12 cargo security programs. 

13 (b) APPROVAL AND RECOGNITION.— 

14 (1) IN GENERAL.—If the Administrator of the 

15 Transportation Security Administration determines 

16 that a foreign country’s air cargo security program 

17 evaluated under subsection (a) provides a level of se18 curity commensurate with the level of security re19 quired by United States air cargo security programs, 

20 the Administrator shall approve and officially recog21 nize such foreign country’s air cargo security pro22 gram. 

23 (2) EFFECT OF APPROVAL AND RECOGNITION.— 

24 If the Administrator of the Transportation Security 

25 Administration approves and officially recognizes 
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1 pursuant to paragraph (1) a foreign country’s air 

2 cargo security program, cargo aircraft of such foreign 

3 country shall not be required to adhere to United 

4 States air cargo security programs that would other5 wise be applicable. 

6 (c) REVOCATION AND SUSPENSION.— 

7 (1) IN GENERAL.—If the Administrator of the 

8 Transportation Security Administration determines 

9 at any time that a foreign country’s air cargo secu10 rity program approved and officially recognized 

11 under subsection (b) no longer provides a level of se12 curity commensurate with the level of security re13 quired by United States air cargo security programs, 

14 the Administrator may revoke or temporarily suspend 

15 such approval and official recognition until such time 

16 as the Administrator determines that such foreign 

17 country’s cargo security programs provide a level of 

18 security commensurate with the level of security re19 quired by such United States air cargo security pro20 grams. 

21 (2) NOTIFICATION.—If the Administrator of the 

22 Transportation Security Administration revokes or 

23 suspends pursuant to paragraph (1) a foreign coun24 try’s air cargo security program, the Administrator 

25 shall notify the Committee on Homeland Security of 
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1 the House of Representatives and the Committee on 

2 Commerce, Science, and Transportation of the Senate 

3 not later than 30 days after such revocation or sus4 pension. 

5 Subtitle D—Miscellaneous 

6 SEC. 6401. INTERNATIONAL TRAINING AND CAPACITY DE7 VELOPMENT. 

8 (a) IN GENERAL.—In accordance with section 114 of 

9 title 49, United States Code, the Administrator of the 

10 Transportation Security Administration shall establish an 

11 international training and capacity development program 

12 to train the appropriate authorities of foreign governments 

13 in air transportation security. 

14 (b) CONTENTS OF TRAINING.—If the Administrator de15 termines that a foreign government would benefit from 

16 training and capacity development assistance, the Adminis17 trator may provide to the appropriate authorities of that 

18 foreign government technical assistance and training pro19 grams to strengthen aviation security in managerial, oper20 ational, and technical areas, including— 

21 (1) active shooter scenarios; 

22 (2) incident response; 

23 (3) use of canines; 

24 (4) mitigation of insider threats; 

25 (5) perimeter security; 
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1 (6) operation and maintenance of security 

2 screening technology; and 

3 (7) recurrent related training and exercises. 

4 SEC. 6402. CHECKPOINTS OF THE FUTURE. 

5 (a) IN GENERAL.—The Administrator of the Trans6 portation Security Administration, in accordance with 

7 chapter 449 of title 49, United States Code, shall request 

8 the Aviation Security Advisory Committee to develop rec9 ommendations for more efficient and effective passenger 

10 screening processes. 

11 (b) CONSIDERATIONS.—In making recommendations 

12 to improve existing passenger screening processes, the Avia13 tion Security Advisory Committee shall consider— 

14 (1) the configuration of a checkpoint; 

15 (2) technology innovation; 

16 (3) ways to address any vulnerabilities identified 

17 in audits of checkpoint operations; 

18 (4) ways to prevent security breaches at airports 

19 where Federal security screening is provided; 

20 (5) best practices in aviation security; 

21 (6) recommendations from airport and aircraft 

22 operators, and any relevant advisory committees; and 

23 (7) ‘‘curb to curb’’ processes and procedures. 

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

25 enactment of this Act, the Administrator shall submit to 
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1 the appropriate committees of Congress a report on the re2 sults of the Aviation Security Advisory Committee review, 

3 including any recommendations for improving screening 

4 processes. 

5 TITLE VII—AIRPORT AND AIR6 WAY TRUST FUND PROVI7 SIONS AND RELATED TAXES 

8 SEC. 7101. EXPENDITURE AUTHORITY FROM AIRPORT AND 

9 AIRWAY TRUST FUND. 

10 (a) IN GENERAL.—Section 9502(d)(1) of the Internal 

11 Revenue Code of 1986 is amended— 

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

13 by striking ‘‘July 16, 2016’’ and inserting ‘‘October 

14 1, 2017’’; and 

15 (2) in subparagraph (A), by striking the semi16 colon at the end and inserting ‘‘or the Federal Avia17 tion Administration Reauthorization Act of 2016;’’. 

18 (b) CONFORMING AMENDMENT.—Section 9502(e)(2) of 

19 such Code is amended by striking ‘‘July 16, 2016’’ and in20 serting ‘‘October 1, 2017’’. 

21 SEC. 7102. EXTENSION OF TAXES FUNDING AIRPORT AND 

22 AIRWAY TRUST FUND. 

23 (a) FUEL TAXES.—Section 4081(d)(2)(B) of the Inter24 nal Revenue Code of 1986 is amended by striking ‘‘July 

25 15, 2016’’ and inserting ‘‘September 30, 2017’’. 
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1 (b) TICKET TAXES.— 

2 (1) PERSONS.—Section 4261(k)(1)(A)(ii) of such 

3 Code is amended by striking ‘‘July 15, 2016’’ and in4 serting ‘‘September 30, 2017’’. 

5 (2) PROPERTY.—Section 4271(d)(1)(A)(ii) of 

6 such Code is amended by striking ‘‘July 15, 2016’’ 

7 and inserting ‘‘September 30, 2017’’. 

8 (c) FRACTIONAL OWNERSHIP PROGRAMS.— 

9 (1) TREATMENT AS NON-COMMERCIAL AVIA10 TION.—Section 4083(b) of such Code is amended by 

11 striking ‘‘July 16, 2016’’ and inserting ‘‘October 1, 

12 2017’’. 

13 (2) EXEMPTION FROM TICKET TAXES.—Section 

14 4261(j) of such Code is amended by striking ‘‘July 15, 

15 2016’’ and inserting ‘‘September 30, 2017’’. 

Amend the title so as to read: ‘‘An Act to amend 

title 49, United States Code, to authorize appropriations 

for the Federal Aviation Administration for fiscal years 

2016 through 2017, and for other purposes.’’. 

Attest: 

Secretary. 

114TH CONGRESS 

2D SESSION H.R. 636 

AMENDMENTS