In the Senate of the United States, 
April 19, 2016. 
Resolved, That the bill from the House of Representa-
tives (H.R. 636) entitled ‘‘An Act to amend the Internal Rev-
enue Code of 1986 to permanently extend increased expens-
ing limitations, and for other purposes.’’, do pass with the 
following 
AMENDMENTS: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Aviation Administration Reauthorization Act of 
2016’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 49, United States Code. 
Sec. 3. Definition of appropriate committees of Congress. 
Sec. 4. Effective date.
† HR 636 EAS 
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 multi- 
stakeholder process. 
Sec. 2105. Identification standards. 
Sec. 2106. Commercial and governmental operators. 
Sec. 2107. Analysis of current remedies under Federal, State, and local jurisdic-
tions. 
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 com-
pensation 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 serv-
ices 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 employ-
ees. 
Sec. 2308. Report on obsolete test equipment. 
Sec. 2309. Plan for systems to provide direct warnings of potential runway in-
cursions. 
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, non- 
locking 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 re-
quirements 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 acci-
dents. 
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 disabil-
ities. 
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.
† HR 636 EAS 
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 inter-
national 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 pro-
gram. 
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 multien-
gine 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 Admin-
istration 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 inci-
dents. 
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. 
SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of title 49, United States Code.
† HR 636 EAS 
SEC. 3. DEFINITION OF APPROPRIATE COMMITTEES OF 
CONGRESS. 
In this Act, unless expressly provided otherwise, the 
term ‘‘appropriate committees of Congress’’ means the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives. 
SEC. 4. EFFECTIVE DATE. 
Except as otherwise expressly provided, this Act and 
the amendments made by this Act shall take effect on the 
date of enactment of this Act. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA 
Programs 
SEC. 1001. AIRPORT PLANNING AND DEVELOPMENT AND 
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS. 
(a) AUTHORIZATION.—Section 48103(a) is amended 
by striking ‘‘section 47505(a)(2), and carrying out noise 
compatibility 
programs 
under 
section 
47504(c) 
$3,350,000,000 for each of fiscal years 2012 through 2015 
and $2,652,083,333 for the period beginning on October 1, 
2015, and ending on July 15, 2016’’ and inserting ‘‘section 
47505(a)(2), carrying out noise compatibility programs 
under section 47504(c), for an airport cooperative research 
program under section 44511, for Airports Technology-
† HR 636 EAS 
Safety research, and Airports Technology-Efficiency re-
search, 
$3,350,000,000 
for 
fiscal 
year 
2016 
and 
$3,750,000,000 for fiscal year 2017’’. 
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is 
amended in the matter preceding paragraph (1) by striking 
‘‘July 15, 2016’’ and inserting ‘‘September 30, 2017’’. 
SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT. 
Section 48101(a) is amended by striking paragraphs 
(1) through (5) and inserting the following: 
‘‘(1) $2,855,241,025 for fiscal year 2016. 
‘‘(2) $2,862,020,524 for fiscal year 2017.’’. 
SEC. 1003. FAA OPERATIONS. 
(a) IN GENERAL.—Section 106(k)(1) is amended by 
striking subparagraphs (A) through (E) and inserting the 
following: 
‘‘(A) $9,910,009,314 for fiscal year 2016; 
and 
‘‘(B) $10,025,361,111 for fiscal year 2017.’’. 
(b) AUTHORIZED EXPENDITURES.—Section 106(k)(2) 
is amended by striking ‘‘for fiscal years 2012 through 2015’’ 
each place it appears and inserting ‘‘for fiscal years 2016 
through 2017’’. 
(c) AUTHORITY
TO
TRANSFER
FUNDS.—Section 
106(k)(3) is amended by striking ‘‘2012 through 2015 and
† HR 636 EAS 
for the period beginning on October 1, 2015, and ending 
on July 15, 2016’’ and inserting ‘‘2016 through 2017’’. 
SEC. 1004. FAA RESEARCH AND DEVELOPMENT. 
Section 48102 is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘44511–44513’’ and in-
serting ‘‘44512–44513’’; and 
(ii) by striking ‘‘and, for each of fiscal 
years 2012 through 2015, under subsection 
(g)’’; 
(B) in paragraph (8), by striking ‘‘; and’’ 
and inserting a semicolon; and 
(C) by striking paragraph (9) and inserting 
the following: 
‘‘(9) $166,000,000 for fiscal year 2016; and 
‘‘(10) $169,000,000 for fiscal year 2017.’’; and 
(2) in subsection (b), by striking paragraph (3). 
SEC. 1005. FUNDING FOR AVIATION PROGRAMS. 
(a) AIRPORT
AND
AIRWAY
TRUST
FUND
GUAR-
ANTEE.—Section 48114(a)(1)(A) is amended to read as fol-
lows: 
‘‘(A) IN
GENERAL.—The total budget re-
sources made available from the Airport and
† HR 636 EAS 
Airway Trust Fund each fiscal year under sec-
tions 48101, 48102, 48103, and 106(k)— 
‘‘(i) shall in each of fiscal years 2016 
through 2017, be equal to the sum of— 
‘‘(I) 90 percent of the estimated 
level of receipts plus interest credited to 
the Airport and Airway Trust Fund 
for that fiscal year; and 
‘‘(II) the actual level of receipts 
plus interest credited to the Airport 
and Airway Trust Fund for the second 
preceding fiscal year minus the total 
amount made available for obligation 
from the Airport and Airway Trust 
Fund for the second preceding fiscal 
year; and 
‘‘(ii) may be used only for the aviation 
investment programs listed in subsection 
(b)(1).’’. 
(b) 
ENFORCEMENT
OF
GUARANTEES.—Section 
48114(c)(2) is amended by striking ‘‘2016’’ and inserting 
‘‘2017’’. 
SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES. 
(a) MARSHALL ISLANDS, MICRONESIA, AND PALAU.— 
Section 47115(j) is amended by striking ‘‘2015 and for the
† HR 636 EAS 
period beginning on October 1, 2015, and ending on July 
15, 2016,’’ and inserting ‘‘2017’’. 
(b) EXTENSION OF COMPATIBLE LAND USE PLANNING 
AND PROJECTS BY STATE AND LOCAL GOVERNMENTS.— 
Section 47141(f) is amended by striking ‘‘July 15, 2016’’ 
and inserting ‘‘September 30, 2017’’. 
(c) INSPECTOR GENERAL REPORT ON PARTICIPATION 
IN FAA PROGRAMS BY DISADVANTAGED SMALL BUSINESS 
CONCERNS.— 
(1) IN GENERAL.—For each of fiscal years 2016 
through 2017, the Inspector General of the Depart-
ment of Transportation shall submit to Congress a re-
port on the number of new small business concerns 
owned and controlled by socially and economically 
disadvantaged individuals, including those owned by 
veterans, that participated in the programs and ac-
tivities funded using the amounts made available 
under this Act. 
(2) NEW SMALL BUSINESS CONCERNS.—For pur-
poses of paragraph (1), a new small business concern 
is a small business concern that did not participate 
in the programs and activities described in para-
graph (1) in a previous fiscal year. 
(3) CONTENTS.—The report shall include—
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(A) a list of the top 25 and bottom 25 large 
and medium hub airports in terms of providing 
opportunities for small business concerns owned 
and controlled by socially and economically dis-
advantaged individuals to participate in the 
programs and activities funded using the 
amounts made available under this Act; 
(B) the results of an assessment, to be con-
ducted by the Inspector General, on the reasons 
why the top airports have been successful in pro-
viding such opportunities; and 
(C) recommendations to the Administrator 
of the Federal Aviation Administration and 
Congress on methods for other airports to achieve 
results similar to those of the top airports. 
(d) EXTENSION OF PILOT PROGRAM FOR REDEVELOP-
MENT OF AIRPORT PROPERTIES.—Section 822(k) of the 
FAA Modernization and Reform Act of 2012 (49 U.S.C. 
47141 note) is amended by striking ‘‘July 15, 2016’’ and 
inserting ‘‘September 30, 2017’’. 
Subtitle B—Airport Improvement 
Program Modifications 
SEC. 1201. SMALL AIRPORT REGULATION RELIEF. 
Section 47114(c)(1)(F) is amended to read as follows:
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‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2016 
THROUGH 2017.—Notwithstanding subparagraph 
(A), the Secretary shall apportion to a sponsor 
of an airport under that subparagraph for each 
of fiscal years 2016 through 2017 an amount 
based on the number of passenger boardings at 
the airport during calendar year 2012 if the air-
port— 
‘‘(i) had 10,000 or more passenger 
boardings during calendar year 2012; 
‘‘(ii) had fewer than 10,000 passenger 
boardings during the calendar year used to 
calculate the apportionment for fiscal year 
2016 or 2017 under subparagraph (A); and 
‘‘(iii) had scheduled air service in the 
calendar year used to calculate the appor-
tionment.’’. 
SEC. 1202. PRIORITY REVIEW OF CONSTRUCTION PROJECTS 
IN COLD WEATHER STATES. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration, to the extent practicable, shall 
schedule the Administrator’s review of construction projects 
so that projects to be carried out in the States in which 
the weather during a typical calendar year prevents major
† HR 636 EAS 
construction projects from being carried out before May 1 
are reviewed as early as possible. 
(b) REPORT.—The Administrator shall update the ap-
propriate committees of Congress annually on the effective-
ness of the review and prioritization. 
SEC. 1203. STATE BLOCK GRANTS UPDATES. 
Section 47128(a) is amended by striking ‘‘9 qualified 
States for fiscal years 2000 and 2001 and 10 qualified 
States for each fiscal year thereafter’’ and inserting ‘‘15 
qualified States for fiscal year 2016 and each fiscal year 
thereafter’’. 
SEC. 1204. CONTRACT TOWER PROGRAM UPDATES. 
(a) SPECIAL
RULE.—Section 47124(b)(1)(B) is 
amended by striking ‘‘after such determination is made’’ 
and inserting ‘‘after the end of the period described in sub-
section (d)(6)(C)’’. 
(b) CONTRACT AIR TRAFFIC CONTROL TOWER COST- 
SHARE PROGRAM; FUNDING.—Section 47124(b)(3)(E) is 
amended to read as follows: 
‘‘(E) FUNDING.—Of the amounts appro-
priated under section 106(k)(1), such sums as 
may be necessary may be used to carry out this 
paragraph.’’.
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(c) CAP ON FEDERAL SHARE OF COST OF CONSTRUC-
TION.—Section 47124(b)(4)(C) is amended by striking 
‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. 
(d) COST BENEFIT RATIO REVISION.—Section 47124 
is amended by adding at the end the following: 
‘‘(d) COST BENEFIT RATIOS.— 
‘‘(1) CONTRACT AIR TRAFFIC CONTROL TOWER 
PROGRAM AT COST-SHARE AIRPORTS.—Beginning on 
the date of enactment of the Federal Aviation Admin-
istration Reauthorization Act of 2016, if an air traf-
fic control tower is operating under the Cost-share 
Program, the Secretary shall annually calculate a 
new benefit-to-cost ratio for the tower. 
‘‘(2) CONTRACT TOWER PROGRAM AT NON-COST- 
SHARE AIRPORTS.—Beginning on the date of enact-
ment of the Federal Aviation Administration Reau-
thorization Act of 2016, if a tower is operating under 
the Contract Tower Program and continued under 
subsection (b)(1), the Secretary shall not calculate a 
new benefit-to-cost ratio for the tower unless the an-
nual aircraft traffic at the airport where the tower is 
located decreases by more than 25 percent from the 
previous year or by more than 60 percent over a 3- 
year period.
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‘‘(3) CONSIDERATIONS.—In establishing a ben-
efit-to-cost ratio under paragraph (1) or paragraph 
(2), the Secretary may consider only the following 
costs: 
‘‘(A) The Federal Aviation Administration’s 
actual cost of wages and benefits of personnel 
working at the tower. 
‘‘(B) The Federal Aviation Administration’s 
actual telecommunications costs of the tower. 
‘‘(C) Relocation and replacement costs of 
equipment of the Federal Aviation Administra-
tion associated with the tower, if paid for by the 
Federal Aviation Administration. 
‘‘(D) Logistics, such as direct costs associ-
ated with establishing or updating the tower’s 
interface with other systems and equipment of 
the Federal Aviation Administration, if paid for 
by the Federal Aviation Administration. 
‘‘(4) EXCLUSIONS.—In establishing a benefit-to- 
cost ratio under paragraph (1) or paragraph (2), the 
Secretary may not consider the following costs: 
‘‘(A) Airway facilities costs, including labor 
and other costs associated with maintaining and 
repairing the systems and equipment of the Fed-
eral Aviation Administration.
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‘‘(B) Costs for depreciating the building and 
equipment owned by the Federal Aviation Ad-
ministration. 
‘‘(C) Indirect overhead costs of the Federal 
Aviation Administration. 
‘‘(D) Costs for utilities, janitorial, and other 
services paid for or provided by the airport or 
the State or political subdivision of a State hav-
ing jurisdiction over the airport where the tower 
is located. 
‘‘(E) The cost of new or replacement equip-
ment, or construction of a new or replacement 
tower, if the costs incurred were incurred by the 
airport or the State or political subdivision of a 
State having jurisdiction over the airport where 
the tower is or will be located. 
‘‘(F) Other expenses of the Federal Aviation 
Administration not directly associated with the 
actual operation of the tower. 
‘‘(5) MARGIN OF ERROR.—The Secretary shall 
add a 5 percent margin of error to a benefit-to-cost 
ratio determination to acknowledge and account for 
any direct or indirect factors that are not included in 
the criteria the Secretary used in calculating the ben-
efit-to-cost ratio.
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(a) and continued under paragraph (1) (in this 
paragraph referred to as the ‘Contract Tower 
Program’)’’ and inserting ‘‘Contract Tower Pro-
gram’’; 
(C) in subparagraph (B), by striking ‘‘In 
carrying out the program’’ and inserting ‘‘In 
carrying out the Cost-share Program’’; 
(D) in subparagraph (C), by striking ‘‘par-
ticipate in the program’’ and inserting ‘‘partici-
pate in the Cost-share Program’’; 
(E) in subparagraph (D), by striking 
‘‘under the program’’ and inserting ‘‘under the 
Cost-share Program’’; and 
(F) in subparagraph (F), by striking ‘‘the 
program continued under paragraph (1)’’ and 
inserting ‘‘the Contract Tower Program’’; and 
(3) in paragraph (4)(B)(i)(I), by striking ‘‘con-
tract tower program established under subsection (a) 
and continued under paragraph (1) or the pilot pro-
gram established under paragraph (3)’’ and inserting 
‘‘Contract Tower Program or the Cost-share Pro-
gram’’. 
(f) EXEMPTION.—Section 47124(b)(3)(D) is amended 
by adding at the end the following: ‘‘Airports with both 
Part 121 air service and more than 25,000 passenger
† HR 636 EAS 
enplanements in calendar year 2014 shall be exempt from 
any cost share requirement under the Cost-share Program.’’. 
(g) 
SAVINGS
PROVISION.—Notwithstanding 
the 
amendments made by this section, the towers for which as-
sistance is being provided under section 41724 of title 49, 
United States Code, on the day before the date of enactment 
of this Act may continue to be provided such assistance 
under the terms of that section as in effect on that day. 
SEC. 1205. APPROVAL OF CERTAIN APPLICATIONS FOR THE 
CONTRACT TOWER PROGRAM. 
(a) IN GENERAL.—If the Administrator of the Federal 
Aviation Administration has not implemented a revised 
cost-benefit methodology for purposes of determining eligi-
bility for the Contract Tower Program before the date that 
is 30 days after the date of enactment of this Act, any air 
traffic control tower with an application for participation 
in the Contract Tower Program pending as of January 1, 
2016, shall be approved for participation in the Contract 
Tower Program if the Administrator determines the tower 
is eligible under the criteria set forth in the Federal Avia-
tion Administration report, Establishment and Discontinu-
ance Criteria for Airport Traffic Control Towers, dated Au-
gust 1990 (FAA–APO–90–7). 
(b) REQUESTS
FOR ADDITIONAL AUTHORITY.—The 
Administrator shall respond not later than 30 days after
† HR 636 EAS 
the date the Administrator receives a formal request from 
an airport and air traffic control contractor for additional 
authority to expand contract tower operational hours and 
staff to accommodate flight traffic outside of current tower 
operational hours. 
(c) DEFINITION OF CONTRACT TOWER PROGRAM.—In 
this section, the term ‘‘Contract Tower Program’’ has the 
meaning given the term in section 47124(e) of title 49, 
United States Code. 
SEC. 1206. REMOTE TOWERS. 
(a) PILOT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator of the 
Federal Aviation Administration shall establish— 
(A) in consultation with airport operators 
and general aviation users, a pilot program at 
public-use airports to construct and operate re-
mote towers; and 
(B) a selection process for participation in 
the pilot program. 
(2) SAFETY
CONSIDERATIONS.—In establishing 
the pilot program, the Administrator shall consult 
with operators of remote towers in foreign countries 
to design the pilot program in a manner that 
leverages as many safety and airspace efficiency bene-
fits as possible.
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(3) REQUIREMENTS.—In selecting the airports 
for participation in the pilot program, the Adminis-
trator shall— 
(A) to the extent practicable, ensure that at 
least 2 different vendors of remote tower systems 
participate; 
(B) include at least 1 airport currently in 
the Contract Tower Program and at least 1 air-
port that does not have an air traffic control 
tower; and 
(C) clearly identify the research questions 
that will be addressed at each airport. 
(4) RESEARCH.—In selecting an airport for par-
ticipation in the pilot program, the Administrator 
shall consider— 
(A) how inclusion of that airport will add 
research value to assist the Administrator in 
evaluating the feasibility, safety, and cost-bene-
fits of remote towers; 
(B) the amount and variety of air traffic at 
an airport; and 
(C) the costs and benefits of including that 
airport. 
(5) DATA.—The Administrator shall clearly 
identify and collect air traffic control information
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and data from participating airports that will assist 
the Administrator in evaluating the feasibility, safety, 
and cost-benefits of remote towers. 
(6) REPORT.—Not later than 1 year after the 
date the first remote tower is operational, and annu-
ally thereafter, the Administrator shall submit to the 
appropriate committees of Congress a report— 
(A) detailing any benefits, costs, or safety 
improvements associated with the use of the re-
mote towers; and 
(B) evaluating the feasibility of using re-
mote towers, particularly in the Contract Tower 
Program and for airports without any air traffic 
control tower, or to improve safety at airports 
with towers. 
(7) DEADLINE.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall 
select airports for participation in the pilot program. 
(8) DEFINITIONS.—In this subsection: 
(A) 
CONTRACT
TOWER
PROGRAM.—The 
term ‘‘Contract Tower Program’’ has the mean-
ing given the term in section 47124(e) of title 49, 
United States Code. 
(B) REMOTE
TOWER.—The term ‘‘remote 
tower’’ means a system whereby air traffic serv-
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ices are provided to operators at an airport from 
a location that may not be on or near the air-
port. 
(b) AIP FUNDING ELIGIBILITY.—For purposes of the 
pilot program under subsection (a), and after certificated 
systems are available, constructing a remote tower or ac-
quiring and installing air traffic control, communications, 
or related equipment for a remote tower shall be considered 
airport development (as defined in section 47102 of title 
49, United States Code) for purposes of subchapter I of 
chapter 471 of that title if components are installed and 
used at the airport, except for off-airport sensors installed 
on leased towers, as needed. 
SEC. 1207. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Aviation 
Reauthorization Act (Public Law 108–176; 117 Stat. 2518) 
is amended by striking ‘‘and for the period beginning on 
October 1, 2015, and ending on July 15, 2016,’’ and insert-
ing ‘‘and for fiscal years 2016 through 2017’’. 
SEC. 1208. AIRPORT ROAD FUNDING. 
(a) AIRPORT DEVELOPMENT GRANT ASSURANCES.— 
Section 47107(b) is amended by adding at the end the fol-
lowing: 
‘‘(4) This subsection does not prevent the use of 
airport revenue for the maintenance and improve-
† HR 636 EAS 
ment of the on-airport portion of a surface transpor-
tation facility providing access to an airport and 
non-airport locations if the surface transportation fa-
cility is owned or operated by the airport owner or 
operator and the use of airport revenue is prorated to 
airport use and limited to portions of the facility lo-
cated on the airport. The Secretary shall determine 
the maximum percentage contribution of airport rev-
enue toward surface transportation facility mainte-
nance or improvement, taking into consideration the 
current and projected use of the surface transpor-
tation facility located on the airport for airport and 
non-airport purposes. The de minimus use, as deter-
mined by the Secretary, of a surface transportation 
facility for non-airport purposes shall not require 
prorating.’’. 
(b) RESTRICTIONS ON THE USE OF AIRPORT REV-
ENUE.—Section 47133(c) is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Nothing’’ and in-
denting appropriately; and 
(2) by adding at the end the following: 
‘‘(2) Nothing in this section may be construed to 
prevent the use of airport revenue for the prorated 
maintenance and improvement costs of the on-airport
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portion of the surface transportation facility, subject 
to the provisions of section 47107(b)(4).’’. 
SEC. 1209. REPEAL OF INHERENTLY LOW-EMISSION AIR-
PORT VEHICLE PILOT PROGRAM. 
(a) REPEAL.—Section 47136 is repealed. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
The table of contents for chapter 471 is amended by striking 
the item relating to section 47136 and inserting the fol-
lowing: 
‘‘47136. [Reserved].’’. 
SEC. 1210. MODIFICATION OF ZERO-EMISSION AIRPORT VE-
HICLES AND INFRASTRUCTURE PILOT PRO-
GRAM. 
Section 47136a is amended— 
(1) in subsection (a), by striking ‘‘, including’’ 
and inserting ‘‘used exclusively for transporting pas-
sengers on-airport or for employee shuttle buses with-
in the airport, including’’; and 
(2) in subsection (f), by inserting ‘‘, as in effect 
on the day before the date of enactment of the Federal 
Aviation Administration Reauthorization Act of 
2016,’’ after ‘‘section 47136’’. 
SEC. 1211. REPEAL OF AIRPORT GROUND SUPPORT EQUIP-
MENT 
EMISSIONS 
RETROFIT 
PILOT 
PRO-
GRAM. 
(a) REPEAL.—Section 47140 is repealed.
† HR 636 EAS 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
The table of contents for chapter 471 is amended by striking 
the item relating to section 47140 and inserting the fol-
lowing: 
‘‘47140. [Reserved].’’. 
SEC. 1212. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EF-
FICIENCY ASSESSMENTS. 
(a) COST REIMBURSEMENTS.—Section 47140a(a) is 
amended by striking ‘‘airport.’’ and inserting ‘‘airport, and 
to reimburse the airport sponsor for the costs incurred in 
conducting the assessment.’’. 
(b) SAFETY
PRIORITY.—Section 47140a(b)(2) is 
amended by inserting ‘‘, including a certification that no 
safety projects would be deferred by prioritizing a grant 
under this section,’’ after ‘‘an application’’. 
SEC. 1213. RECYCLING PLANS; SAFETY PROJECTS AT UN-
CLASSIFIED AIRPORTS. 
Section 47106(a) is amended— 
(1) in paragraph (5), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (6)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘for an airport that has an air-
port master plan, the master plan addresses’’ 
and inserting ‘‘a master plan project, it will ad-
dress’’; and
† HR 636 EAS 
(B) in subparagraph (E), by striking the 
period at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) if the project is at an unclassified airport, 
the project will be funded with an amount appor-
tioned under subsection 47114(d)(3)(B) and is— 
‘‘(A) for maintenance of the pavement of the 
primary runway; 
‘‘(B) for obstruction removal for the pri-
mary runway; 
‘‘(C) for the rehabilitation of the primary 
runway; or 
‘‘(D) a project that the Secretary considers 
necessary for the safe operation of the airport.’’. 
SEC. 1214. TRANSFERS OF INSTRUMENT LANDING SYSTEMS. 
Section 44502(e) is amended by striking the first sen-
tence and inserting ‘‘An airport may transfer, without con-
sideration, to the Administrator of the Federal Aviation Ad-
ministration an instrument landing system consisting of a 
glide slope and localizer that conforms to performance speci-
fications of the Administrator if an airport improvement 
project grant was used to assist in purchasing the system, 
and if the Federal Aviation Administration has determined 
that a satellite navigation system cannot provide a suitable 
approach.’’.
† HR 636 EAS 
SEC. 1215. NON-MOVEMENT AREA SURVEILLANCE PILOT 
PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 471 is 
amended by adding at the end the following: 
‘‘§ 47143. Non-movement area surveillance surface dis-
play systems pilot program 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration may carry out a pilot program 
to support non-Federal acquisition and installation of 
qualifying non-movement area surveillance surface display 
systems and sensors if— 
‘‘(1) the Administrator determines that acquisi-
tion and installation of qualifying non-movement 
area surveillance surface display systems and sensors 
improve safety or capacity in the National Airspace 
System; and 
‘‘(2) the non-movement area surveillance surface 
display systems and sensors are supplemental to ex-
isting movement area systems and sensors at the se-
lected airports established under other programs ad-
ministered by the Administrator. 
‘‘(b) PROJECT GRANTS.— 
‘‘(1) IN GENERAL.—For purposes of carrying out 
the pilot program, the Administrator may make a 
project grant out of funds apportioned under para-
graph (1) or paragraph (2) of section 47114(c) to not
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more than 5 eligible sponsors to acquire and install 
qualifying non-movement area surveillance surface 
display systems and sensors. The Administrator may 
distribute not more than $2,000,000 per sponsor from 
the discretionary fund. The airports selected to par-
ticipate in the pilot program shall have existing Fed-
eral Aviation Administration movement area systems 
and airlines that are participants in Federal Avia-
tion Administration’s Airport Collaborative Decision 
Making process. 
‘‘(2) PROCEDURES.—In accordance with the au-
thority under section 106, the Administrator may es-
tablish procurement procedures applicable to grants 
issued under this subsection. The procedures may per-
mit the sponsor to carry out the project with vendors 
that have been accepted in the procurement procedure 
or using Federal Aviation Administration contracts. 
The procedures may provide for the direct reimburse-
ment (including administrative costs) of the Adminis-
trator by the sponsor using grant funds under this 
subsection, for the ordering of system-related equip-
ment and its installation, or for the direct ordering 
of system-related equipment and its installation by 
the sponsor, using such grant funds, from the sup-
pliers with which the Administrator has contracted.
† HR 636 EAS 
‘‘(A) provides the required transmit and re-
ceive data formats consistent with the National 
Airspace System architecture at the appropriate 
service delivery point; 
‘‘(B) is on-airport; and 
‘‘(C) is airport operated.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
The table of contents of chapter 471 is amended by inserting 
after the item relating to section 47142 the following: 
‘‘47143. Non-movement area surveillance surface display systems pilot program.’’. 
SEC. 1216. AMENDMENTS TO DEFINITIONS. 
Section 47102 is amended— 
(1) by redesignating paragraphs (10) through 
(28) as paragraphs (12) through (30), respectively; 
(2) by redesignating paragraphs (7) through (9) 
as paragraphs (8) through (10), respectively; 
(3) in paragraph (3)— 
(A) in subparagraph (B)— 
(i) 
by 
redesignating 
clauses 
(iii) 
through (x) as clauses (iv) through (xi), re-
spectively; and 
(ii) by striking clause (ii) and insert-
ing the following: 
‘‘(II) security equipment owned 
and operated by the airport, including 
explosive detection devices, universal
† HR 636 EAS 
access control systems, perimeter fenc-
ing, and emergency call boxes, which 
the Secretary may require by regula-
tion for, or approve as contributing 
significantly to, the security of individ-
uals and property at the airport; 
‘‘(III) safety apparatus owned 
and operated by the airport, which the 
Secretary may require by regulation 
for, or approve as contributing signifi-
cantly to, the safety of individuals and 
property at the airport, and integrated 
in-pavement lighting systems for run-
ways and taxiways and other runway 
and taxiway incursion prevention de-
vices;’’; 
(B) in subparagraph (K), by striking ‘‘such 
project will result in an airport receiving appro-
priate’’ and inserting ‘‘the airport would be able 
to receive’’; and 
(C) in subparagraph (L)— 
(i) by striking ‘‘or conversion of vehi-
cles and’’ and inserting ‘‘of vehicles used ex-
clusively for transporting passengers on-air-
† HR 636 EAS 
port, employee shuttle buses within the air-
port, or’’; 
(ii) by striking ‘‘airport, to’’ and in-
serting ‘‘airport and equipped with’’; and 
(iii) by striking ‘‘7505a) and if such 
project will result in an airport receiving 
appropriate’’ and inserting ‘‘7505a)) and if 
the airport would be able to receive’’; 
(4) in paragraph (5), by striking ‘‘regulations’’ 
and inserting ‘‘requirements’’; 
(5) by inserting after paragraph (6) the fol-
lowing: 
‘‘(7) ‘categorized airport’ means a nonprimary 
airport that has an identified role in the National 
Plan of Integrated Airport Systems.’’; 
(6) in paragraph (9), as redesignated, by strik-
ing ‘‘public’’ and inserting ‘‘public-use’’; 
(7) by inserting after paragraph (10), as redesig-
nated, the following: 
‘‘(11) ‘joint use airport’ means an airport owned 
by the Department of Defense, at which both military 
and civilian aircraft make shared use of the air-
field.’’; 
(8) in paragraph (24), as redesignated, by 
amending subparagraph (B)(i) to read as follows:
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‘‘(i) determined by the Secretary to 
have at least— 
‘‘(I) 100 based aircraft that are 
currently registered with the Federal 
Aviation Administration under chap-
ter 445 of this title; and 
‘‘(II) 1 based jet aircraft that is 
currently registered with the Federal 
Aviation Administration where, for the 
purposes of this clause, ‘based’ means 
the aircraft or jet aircraft overnights at 
the airport for the greater part of the 
year; or’’; and 
(9) by adding at the end the following: 
‘‘(31) ‘unclassified airport’ means a nonprimary 
airport that is included in the National Plan of Inte-
grated Airport Systems that is not categorized by the 
Administrator of the Federal Aviation Administra-
tion in the most current report entitled General Avia-
tion Airports: A National Asset.’’. 
SEC. 1217. CLARIFICATION OF NOISE EXPOSURE MAP UP-
DATES. 
Section 47503(b) is amended— 
(1) by striking ‘‘a change in the operation of the 
airport would establish’’ and inserting ‘‘there is a
† HR 636 EAS 
change in the operation of the airport that would es-
tablish’’; and 
(2) by inserting after ‘‘reduction’’ the following: 
‘‘if the change has occurred during the longer of— 
‘‘(1) the noise exposure map period forecast by 
the airport operator under subsection (a); or 
‘‘(2) the implementation timeframe of the opera-
tor’s noise compatibility program’’. 
SEC. 1218. PROVISION OF FACILITIES. 
Section 44502 is amended by adding at the end the 
following: 
‘‘(f) AIRPORT SPACE.— 
‘‘(1) RESTRICTION.—The Administrator may not 
require an airport owner or sponsor (as defined in 
section 47102) to provide to the Federal Aviation Ad-
ministration without cost any of the following: 
‘‘(A) Building construction, maintenance, 
utilities, or expenses for services relating to air 
traffic control, air navigation, or weather report-
ing. 
‘‘(B) Space in a facility owned by the air-
port owner or sponsor for services relating to air 
traffic control, air navigation, or weather report-
ing.
† HR 636 EAS 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to affect— 
‘‘(A) any agreement the Secretary may have 
or make with an airport owner or sponsor for 
the airport owner or sponsor to provide any of 
the items described in subparagraph (A) or sub-
paragraph (B) of paragraph (1) at below-market 
rates; or 
‘‘(B) any grant assurance that requires an 
airport owner or sponsor to provide land to the 
Administration without cost for an air traffic 
control facility.’’. 
SEC. 1219. CONTRACT WEATHER OBSERVERS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall submit to the appropriate 
committees of Congress a report— 
(1) which includes public and stakeholder input, 
and examines all safety risks, hazard effects, efficiency 
and operational effects on airports, airlines, and 
other stakeholders that could result from loss of con-
tract weather observer service at the 57 airports tar-
geted for the loss of this service; 
(2) detailing how the Federal Aviation Adminis-
tration will accurately report rapidly changing severe
† HR 636 EAS 
weather conditions at these airports, including thun-
derstorms, lightning, fog, visibility, smoke, dust, haze, 
cloud layers and ceilings, ice pellets, and freezing 
rain or drizzle without contract weather observers; 
(3) indicating how airports can comply with ap-
plicable Federal Aviation Administration orders gov-
erning weather observations given the current docu-
mented limitations of automated surface observing 
systems; and 
(4) identifying the process through which the 
Federal Aviation Administration analyzed the safety 
hazards associated with the elimination of the con-
tract weather observer program. 
(b) CONTINUED USE OF CONTRACT WEATHER OB-
SERVERS.—The Administrator may not discontinue the 
contract weather observer program at any airport until Oc-
tober 1, 2017. 
(c) REPORT ON GOLDEN TRIANGLE INITIATIVE OF 
NOAA.— 
(1) REPORT REQUIRED.—Not later than 1 year 
after the date of enactment of this Act, the Adminis-
trator of the National Oceanic and Atmospheric Ad-
ministration and the Administrator of the Federal 
Aviation Administration shall jointly submit to the 
appropriate committees of Congress a report on the
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Golden Triangle Initiative of the National Oceanic 
and Atmospheric Administration. 
(2) ELEMENTS.—The report shall include the fol-
lowing: 
(A) An assessment of the impacts of en-
hanced aviation forecast services provided as 
part of the Golden Triangle Initiative on weath-
er-related air traffic delays. 
(B) A description of the costs of providing 
such enhanced aviation forecast services. 
(C) A description of potential alternative 
mechanisms to provide enhanced aviation fore-
cast services comparable to such enhanced avia-
tion forecast services for airports in rural or low 
population density areas. 
SEC. 1220. FEDERAL SHARE ADJUSTMENT. 
Section 47109(a)(5) is amended to read as follows: 
‘‘(5) 95 percent for a project at an airport for 
which the United States Government’s share would 
otherwise be capped at 90 percent under paragraph 
(2) or paragraph (3) if the Administrator determines 
that the project is a successive phase of a multi- 
phased construction project for which the sponsor re-
ceived a grant in fiscal year 2011 or earlier.’’.
† HR 636 EAS 
SEC. 1221. MISCELLANEOUS TECHNICAL AMENDMENTS. 
(a) AIRPORT SECURITY PROGRAM.—Section 47137 is 
amended— 
(1) in subsection (a), by striking ‘‘Transpor-
tation’’ and inserting ‘‘Homeland Security’’; 
(2) in subsection (e), by striking ‘‘Homeland Se-
curity’’ and inserting ‘‘Transportation’’; and 
(3) in subsection (g), by inserting ‘‘of Transpor-
tation’’ after ‘‘Secretary’’ the first place it appears. 
(b) SECTION
516 PROPERTY
CONVEYANCE
RE-
LEASES.—Section 817(a) of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 47125 note) is amended— 
(1) by striking ‘‘or section 23’’ and inserting ‘‘, 
section 23’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, or section 47125 of title 49, United 
States Code’’. 
SEC. 1222. MOTHERS’ ROOMS AT AIRPORTS. 
(a) LACTATION AREA DEFINED.—Section 47102, as 
amended by section 1216 of this Act, is further amended— 
(1) by redesignating paragraphs (12) through 
(31) as paragraphs (13) through (32), respectively; 
and 
(2) by inserting after paragraph (11) the fol-
lowing:
† HR 636 EAS 
‘‘(12) ‘lactation area’ means a room or other lo-
cation in a commercial service airport that— 
‘‘(A) provides a location for members of the 
public to express breast milk that is shielded 
from view and free from intrusion from the pub-
lic; 
‘‘(B) has a door that can be locked; 
‘‘(C) includes a place to sit, a table or other 
flat surface, and an electrical outlet; 
‘‘(D) is readily accessible to and usable by 
individuals with disabilities, including individ-
uals who use wheelchairs; and 
‘‘(E) is not located in a restroom.’’. 
(b) PROJECT GRANTS WRITTEN ASSURANCES
FOR 
LARGE AND MEDIUM HUB AIRPORTS.— 
(1) IN GENERAL.—Section 47107(a) is amend-
ed— 
(A) in paragraph (20), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (21), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(22) with respect to a medium or large hub air-
port, the airport owner or operator will maintain a 
lactation area in each passenger terminal building of
† HR 636 EAS 
the airport in the sterile area (as defined in section 
1540.5 of title 49, Code of Federal Regulations) of the 
building.’’. 
(2) APPLICABILITY.— 
(A) IN
GENERAL.—The amendment made 
by paragraph (1) shall apply to a project grant 
application submitted for a fiscal year beginning 
on or after the date that is 2 years after the date 
of enactment of this Act. 
(B) SPECIAL
RULE.—The requirement in 
the amendments made by paragraph (1) that a 
lactation area be located in the sterile area of a 
passenger terminal building shall not apply with 
respect to a project grant application for a pe-
riod of time, determined by the Secretary of 
Transportation, if the Secretary determines that 
construction or maintenance activities make it 
impracticable or unsafe for the lactation area to 
be located in the sterile area of the building. 
(c) 
TERMINAL
DEVELOPMENT
COSTS.—Section 
47119(a) is amended by adding at the end the following: 
‘‘(3) LACTATION
AREAS.—In addition to the 
projects described in paragraph (1), the Secretary 
may approve a project for terminal development for
† HR 636 EAS 
the construction or installation of a lactation area at 
a commercial service airport.’’. 
(d) PRE-EXISTING FACILITIES.—On application by an 
airport sponsor, the Secretary of Transportation may deter-
mine that a lactation area in existence on the date of enact-
ment of this Act complies with the requirement of para-
graph (22) of section 47107(a) of title 49, United States 
Code, as added by subsection (b), notwithstanding the ab-
sence of one of the facilities or characteristics referred to 
in the definition of the term ‘‘lactation area’’ in paragraph 
(12) of section 47102 of such title, as added by subsection 
(a). 
SEC. 
1223. 
ELIGIBILITY 
FOR 
AIRPORT 
DEVELOPMENT 
GRANTS AT AIRPORTS THAT ENTER INTO 
CERTAIN LEASES WITH COMPONENTS OF THE 
ARMED FORCES. 
Section 47107, as amended by section 1208 of this Act, 
is further amended by adding at the end the following: 
‘‘(t) AIRPORTS THAT ENTER INTO CERTAIN LEASES 
WITH THE ARMED FORCES.—The Secretary of Transpor-
tation may not disapprove a project grant application 
under this subchapter for an airport development project 
at an airport solely because the airport renews a lease for 
the use, at a nominal rate, of airport property by a regular 
or reserve component of the Armed Forces, including the
† HR 636 EAS 
National Guard, without regard to whether that component 
operates aircraft at the airport.’’. 
SEC. 1224. CLARIFICATION OF DEFINITION OF AVIATION- 
RELATED ACTIVITY FOR HANGAR USE. 
Section 47107, as amended by section 1223 of this Act, 
is further amended by adding at the end the following: 
‘‘(u) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 
‘‘(1) IN GENERAL.—The construction of a covered 
aircraft shall be treated as an aeronautical activity 
for purposes of— 
‘‘(A) determining an airport’s compliance 
with a grant assurance made under this section 
or any other provision of law; and 
‘‘(B) the receipt of Federal financial assist-
ance for airport development. 
‘‘(2) COVERED AIRCRAFT DEFINED.—In this sub-
section, the term ‘covered aircraft’ means an air-
craft— 
‘‘(A) used or intended to be used exclusively 
for recreational purposes; and 
‘‘(B) constructed or under construction, re-
pair, or restoration by a private individual at a 
general aviation airport.’’.
† HR 636 EAS 
SEC. 1225. USE OF AIRPORT IMPROVEMENT PROGRAM 
FUNDS FOR RUNWAY SAFETY REPAIRS. 
(a) IN GENERAL.—Subchapter I of chapter 471, as 
amended by this subtitle, is further amended by adding at 
the end the following: 
‘‘§ 47144. Use of funds for repairs for runway safety re-
pairs 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may make project grants under this subchapter to an air-
port described in subsection (b) from funds under section 
47114 apportioned to that airport or funds available for 
discretionary grants to that airport under section 47115 to 
conduct airport development to repair the runway safety 
area of the airport damaged as a result of a natural disaster 
in order to maintain compliance with the regulations of 
the Federal Aviation Administration relating to runway 
safety areas, without regard to whether construction of the 
runway safety area damaged was carried out using 
amounts the airport received under this subchapter. 
‘‘(b) AIRPORTS DESCRIBED.—An airport is described 
in this subsection if— 
‘‘(1) the airport is a public-use airport; 
‘‘(2) the airport is listed in the National Plan of 
Integrated Airport Systems of the Federal Aviation 
Administration;
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‘‘(3) the runway safety area of the airport was 
damaged as a result of a natural disaster; 
‘‘(4) the airport was denied funding under the 
Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 4121 et seq.) with respect to 
the disaster; 
‘‘(5) the operator of the airport has exhausted all 
legal remedies, including legal action against any 
parties (or insurers thereof) whose action or inaction 
may have contributed to the need for the repair of the 
runway safety area; 
‘‘(6) there is still a demonstrated need for the 
runway safety area to accommodate current or immi-
nent aeronautical demand; and 
‘‘(7) the cost of repairing or replacing the run-
way safety area is reasonable in relation to the an-
ticipated operational benefit of repairing the runway 
safety area, as determined by the Administrator of the 
Federal Aviation Administration.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 471, as amended by this subtitle, is further 
amended by inserting after the item relating to section 
47143 the following: 
‘‘47144. Use of funds for repairs for runway safety repairs.’’. 
SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN. 
Section 47113(a)(1) is amended to read as follows:
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‘‘(1) ‘small business concern’— 
‘‘(A) except as provided in subparagraph 
(B), has the same meaning given that term in 
section 3 of the Small Business Act (15 U.S.C. 
632); and 
‘‘(B) in the case of a concern in the con-
struction industry, a concern shall be considered 
a small business concern if the concern meets the 
size standard for the North American Industry 
Classification System Code 237310, as adjusted 
by the Small Business Administration;’’. 
Subtitle C—Passenger Facility 
Charges 
SEC. 1301. PFC STREAMLINING. 
(a) PASSENGER FACILITY CHARGES; GENERAL AU-
THORITY.—Section 40117(b)(4) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘, if the Secretary finds—’’ and inserting 
a period; and 
(2) by striking subparagraphs (A) and (B). 
(b) PILOT
PROGRAM
FOR
PASSENGER
FACILITY 
CHARGE AUTHORIZATIONS AT NONHUB AIRPORTS.—Sec-
tion 40117(l) is amended— 
(1) in the heading by striking ‘‘NONHUB’’ and 
inserting ‘‘CERTAIN’’; and
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(2) in paragraph (1), by striking ‘‘nonhub’’ and 
inserting ‘‘nonhub, small hub, medium hub, and large 
hub’’. 
SEC. 1302. INTERMODAL ACCESS PROJECTS. 
Section 40117 is amended by adding at the end the 
following: 
‘‘(n) PFC ELIGIBILITY FOR INTERMODAL GROUND AC-
CESS PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may authorize 
a passenger facility charge imposed under subsection 
(b)(1) to be used to finance the eligible capital costs 
of an intermodal ground access project. 
‘‘(2) DEFINITION OF INTERMODAL GROUND AC-
CESS PROJECT.—In this subsection, the term ‘inter-
modal ground access project’ means a project for con-
structing a local facility owned or operated by an eli-
gible agency that— 
‘‘(A) is located on airport property; and 
‘‘(B) is directly and substantially related to 
the movement of passengers or property traveling 
in air transportation. 
‘‘(3) ELIGIBLE
CAPITAL
COSTS.—The eligible 
capital costs of an intermodal ground access project 
shall be the lesser of—
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‘‘(A) the total capital cost of the project 
multiplied by the ratio that the number of indi-
viduals projected to use the project to gain access 
to or depart from the airport bears to the total 
number of individuals projected to use the local 
facility; or 
‘‘(B) the total cost of the capital improve-
ments that are located on airport property. 
‘‘(4) DETERMINATIONS.—The Secretary shall de-
termine the projected use and cost of a project for 
purposes of paragraph (3) at the time the project is 
approved under this subsection, except that, in the 
case of a project to be financed in part using funds 
administered by the Federal Transit Administration, 
the Secretary shall use the travel forecasting model for 
the project at the time the project is approved by the 
Federal Transit Administration to enter preliminary 
engineering to determine the projected use and cost of 
the project for purposes of paragraph (3). 
‘‘(5) 
NONATTAINMENT
AREAS.—For 
airport 
property, any area of which is located in a non-
attainment area (as defined under section 171 of the 
Clean Air Act (42 U.S.C. 7501)) for 1 or more cri-
teria pollutant, the airport emissions reductions from 
less airport surface transportation and parking as a
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direct result of the development of an intermodal 
project on the airport property would be eligible for 
air quality emissions credits.’’. 
SEC. 1303. USE OF REVENUE AT A PREVIOUSLY ASSOCIATED 
AIRPORT. 
Section 40117, as amended by section 1302 of this Act, 
is further amended by adding at the end the following: 
‘‘(o) USE OF REVENUES AT A PREVIOUSLY ASSOCI-
ATED AIRPORT.—Notwithstanding the requirements relat-
ing to airport control under subsection (b)(1), the Secretary 
may authorize use of a passenger facility charge under sub-
section (b) to finance an eligible airport-related project if— 
‘‘(1) the eligible agency seeking to impose the 
new charge controls an airport where a $2.00 pas-
senger facility charge became effective on January 1, 
2013; and 
‘‘(2) the location of the project to be financed by 
the new charge is at an airport that was under the 
control of the same eligible agency that had controlled 
the airport described in paragraph (1).’’. 
SEC. 1304. FUTURE AVIATION INFRASTRUCTURE AND FI-
NANCING STUDY. 
(a) FUTURE AVIATION INFRASTRUCTURE AND FINANC-
ING STUDY.—Not later than 60 days after the date of enact-
ment of this Act, the Secretary of Transportation shall enter
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into an agreement with the Transportation Research Board 
of the National Academies to conduct a study and make 
recommendations on the actions needed to upgrade and re-
store the national aviation infrastructure system to its role 
as a premier system that meets the growing and shifting 
demands of the 21st century, including airport infrastruc-
ture needs and existing financial resources for commercial 
service airports. 
(b) CONSULTATION.—In carrying out the study, the 
Transportation Research Board shall convene and consult 
with a panel of national experts, including— 
(1) nonhub airports; 
(2) small hub airports; 
(3) medium hub airports; 
(4) large hub airports; 
(5) airports with international service; 
(6) non-primary airports; 
(7) local elected officials; 
(8) relevant labor organizations; 
(9) passengers; 
(10) air carriers; and 
(11) representatives of the tourism industry. 
(c) CONSIDERATIONS.—In carrying out the study, the 
Transportation Research Board shall consider—
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(13) airline competition; 
(14) airline ancillary fees and their impact on 
ticket pricing and taxable revenue; and 
(15) the ability of airports to finance necessary 
safety, security, capacity, and environmental projects 
identified in capital improvement plans. 
(d) REPORT.—Not later than 15 months after the date 
of enactment of this Act, the Transportation Research 
Board shall submit to the Secretary and the appropriate 
committees of Congress a report on its findings and rec-
ommendations. 
(e) FUNDING.—The Secretary is authorized to use such 
sums as are necessary to carry out the requirements of this 
section. 
TITLE II—SAFETY 
Subtitle A—Unmanned Aircraft 
Systems Reform 
SEC. 2001. DEFINITIONS. 
(a) IN GENERAL.—Unless expressly provided other-
wise, the terms used in this subtitle have the meanings given 
the terms in section 44801 of title 49, United States Code, 
as added by section 2121 of this Act. 
(b) DEFINITION OF CIVIL AIRCRAFT.—The term ‘‘civil 
aircraft’’ has the meaning given the term in section 40102 
of title 49, United States Code.
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PART I—PRIVACY AND TRANSPARENCY 
SEC. 2101. UNMANNED AIRCRAFT SYSTEMS PRIVACY POL-
ICY. 
It is the policy of the United States that the operation 
of any unmanned aircraft or unmanned aircraft system 
shall be carried out in a manner that respects and protects 
personal privacy consistent with the United States Con-
stitution and Federal, State, and local law. 
SEC. 2102. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) each person that uses an unmanned aircraft 
system for compensation or hire, or in the furtherance 
of a business enterprise, except for news gathering, 
should have a written privacy policy consistent with 
section 2101 that is appropriate to the nature and 
scope of the activities regarding the collection, use, re-
tention, dissemination, and deletion of any data col-
lected during the operation of an unmanned aircraft 
system; 
(2) each privacy policy described in paragraph 
(1) should be periodically reviewed and updated as 
necessary; and 
(3) each privacy policy described in paragraph 
(1) should be publicly available.
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SEC. 2103. FEDERAL TRADE COMMISSION AUTHORITY. 
A violation of a privacy policy by a person that uses 
an unmanned aircraft system for compensation or hire, or 
in the furtherance of a business enterprise, in the national 
airspace system shall be an unfair and deceptive practice 
in violation of section 5(a) of the Federal Trade Commis-
sion Act (15 U.S.C. 45(a)). 
SEC. 2104. NATIONAL TELECOMMUNICATIONS AND INFOR-
MATION 
ADMINISTRATION 
MULTI-STAKE-
HOLDER PROCESS. 
Not later than July 31, 2016, the Administrator of the 
National Telecommunications and Information Adminis-
tration shall submit to the appropriate committees of Con-
gress a report on the industry privacy best practices devel-
oped through the multi-stakeholder engagement process (es-
tablished under Presidential Memorandum of February 15, 
2015 (80 Fed. Reg. 9355)) on unmanned aircraft systems 
transparency and accountability. In addition to the agreed 
upon best practices, this report shall include relevant stake-
holder recommendations for legislative or regulatory action 
regarding privacy, accountability, and transparency, in-
cluding ways to encourage the adoption of privacy policies 
by companies that use unmanned aircraft systems for com-
pensation or hire, or in the furtherance of a business enter-
prise. The report shall take into account existing rights pro-
tected under the First Amendment to the United States
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Constitution in public spaces and the First Amendment 
rights of journalists to control their archives. 
SEC. 2105. IDENTIFICATION STANDARDS. 
(a) IN GENERAL.—The Director of the National Insti-
tute of Standards and Technology, in collaboration with the 
Administrator of the Federal Aviation Administration, and 
in consultation with the Secretary of Transportation, the 
President of RTCA, Inc., and the Administrator of the Na-
tional Telecommunications and Information Administra-
tion, shall convene industry stakeholders to facilitate the de-
velopment of consensus standards for remotely identifying 
operators and owners of unmanned aircraft systems and 
associated unmanned aircraft. 
(b) CONSIDERATIONS.—As part of the standards devel-
oped under subsection (a), the Director shall consider— 
(1) requirements for remote identification of un-
manned aircraft systems; 
(2) appropriate requirements for different classi-
fications of unmanned aircraft systems operations, 
including public and civil; 
(3) the role of manufacturers, the Federal Avia-
tion Administration, and the owners of the systems 
described in paragraphs (1) and (2) in reporting and 
verifying identification data; and
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(4) the feasibility of the development and oper-
ation of a publicly searchable online database to fur-
ther enable the immediate remote identification of 
any unmanned aircraft and its operator by the gen-
eral public and potential exceptions to inclusion in 
the online database. 
(c) DEADLINE.—Not later than 1 year after the date 
of enactment of this Act, the Director shall submit to the 
appropriate committees of Congress a report on the con-
sensus identification standards. 
(d) GUIDANCE.—Not later than 1 year after the date 
that the Director submits the report on the consensus identi-
fication standards under subsection (c), the Administrator 
of the Federal Aviation Administration shall issue regu-
latory guidance based on the consensus identification stand-
ards. 
SEC. 2106. COMMERCIAL AND GOVERNMENTAL OPERATORS. 
(a) IN GENERAL.—Except for model aircraft under 
section 44808 of title 49, United States Code, in authorizing 
the operation of any public unmanned aircraft system or 
the operation of any unmanned aircraft system by a person 
conducting civil aircraft operations, the Administrator of 
the Federal Aviation Administration, to the extent prac-
ticable and consistent with applicable law and without 
compromising national security, homeland defense, or law
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enforcement, shall make the identifying information in sub-
section (b) available to the public via an easily searchable 
online database. The Administrator shall place a clear and 
conspicuous link to the database on the home page of the 
Federal Aviation Administration’s website. 
(b) CONTENTS.—The database described in subsection 
(a) shall contain the following: 
(1) The name of each individual, or agency, as 
applicable, authorized to conduct civil or public un-
manned aircraft systems operations described in sub-
section (a). 
(2) The name of each owner of an unmanned 
aircraft system described in paragraph (1). 
(3) The expiration date of any authorization re-
lated to a person identified in paragraph (1) or para-
graph (2). 
(4) The contact information for each person 
identified in paragraphs (1) and (2), including a 
telephone number and an electronic mail address, in 
accordance with applicable privacy laws. 
(5) The tail number or specific identification 
number of all unmanned aircraft authorized for use 
that links each unmanned aircraft to the owner of 
that aircraft.
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(6) For any unmanned aircraft system that will 
collect personally identifiable information about indi-
viduals, including the use of facial recognition— 
(A) the circumstance under which the sys-
tem will be used; 
(B) the specific kinds of personally identifi-
able information that the system will collect 
about individuals; and 
(C) how the information referred to in sub-
paragraph (B), and the conclusions drawn from 
such information, will be used, disclosed, and 
otherwise handled, including— 
(i) how the collection or retention of 
such information that is unrelated to the 
specific use will be minimized; 
(ii) under what circumstances such in-
formation might be sold, leased, or otherwise 
provided to third parties; 
(iii) the period during which such in-
formation will be retained; 
(iv) when and how such information, 
including information no longer relevant to 
the specified use, will be destroyed; and 
(v) steps that will be used to protect 
against the unauthorized disclosure of any
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information or data, such as the use of 
encryption methods and other security fea-
tures. 
(7) With respect to public unmanned aircraft 
systems— 
(A) the locations where the unmanned air-
craft system will operate; 
(B) the time during which the unmanned 
aircraft system will operate; 
(C) the general purpose of the flight; and 
(D) the technical capabilities that the un-
manned aircraft system possesses. 
(c) RECORDS.—Each person described in subsection 
(b)(1), to the extent practicable without compromising na-
tional security, homeland defense, or law enforcement shall 
maintain and make available to the Administrator for not 
less than 1 year a record of the name and contact informa-
tion of each person on whose behalf the unmanned aircraft 
system has been operated. 
(d) DEADLINE.—The Administrator shall make the 
database available not later than 1 year after the date of 
enactment of this Act. 
(e) TERMINATION.—The Administrator may cease the 
operation of such database on September 30, 2017.
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SEC. 2107. ANALYSIS OF CURRENT REMEDIES UNDER FED-
ERAL, STATE, AND LOCAL JURISDICTIONS. 
Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall 
conduct and submit to the appropriate committees of Con-
gress a review of the privacy issues and concerns associated 
with the operation of unmanned aircraft systems in the na-
tional airspace system that— 
(1) examines and identifies the existing Federal, 
State, or local laws, including constitutional law, that 
address an individual’s personal privacy; 
(2) identifies specific issues and concerns that 
may limit the availability of existing civil or crimi-
nal legal remedies regarding inappropriate operation 
of unmanned aircraft systems in the national air-
space system; 
(3) identifies any deficiencies in current Federal, 
State, or local privacy protections; and 
(4) recommends legislative or other actions to ad-
dress the limitations and deficiencies identified in 
paragraphs (2) and (3). 
PART II—UNMANNED AIRCRAFT SYSTEMS 
SEC. 2121. DEFINITIONS. 
(a) IN GENERAL.—Part A of subtitle VII is amended 
by inserting after chapter 447 the following:
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‘‘CHAPTER 448—UNMANNED AIRCRAFT 
SYSTEMS 
‘‘Sec. 
‘‘44801. Definitions. 
‘‘§ 44801. Definitions 
‘‘In this chapter— 
‘‘(1) ‘appropriate committees of Congress’ means 
the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives. 
‘‘(2) ‘Arctic’ means the United States zone of the 
Chukchi Sea, Beaufort Sea, and Bering Sea north of 
the Aleutian chain. 
‘‘(3) ‘certificate of waiver’ and ‘certificate of au-
thorization’ mean a Federal Aviation Administration 
grant of approval for a specific flight operation. 
‘‘(4) ‘permanent areas’ means areas on land or 
water that provide for launch, recovery, and oper-
ation of small unmanned aircraft. 
‘‘(5) ‘public unmanned aircraft system’ means 
an unmanned aircraft system that meets the quali-
fications and conditions required for operation of a 
public aircraft (as defined in section 40102(a)). 
‘‘(6) ‘sense and avoid capability’ means the ca-
pability of an unmanned aircraft to remain a safe
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distance from and to avoid collisions with other air-
borne aircraft. 
‘‘(7) ‘small unmanned aircraft’ means an un-
manned aircraft weighing less than 55 pounds, in-
cluding the weight of anything attached to or carried 
by the aircraft. 
‘‘(8) ‘test range’ means a defined geographic area 
where research and development are conducted as au-
thorized by the Administrator of the Federal Aviation 
Administration. 
‘‘(9) ‘test site’ means any of the 6 test ranges es-
tablished by the Administrator of the Federal Avia-
tion Administration under section 332(c) of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note), as in effect on the day before the date 
of enactment of the Federal Aviation Administration 
Reauthorization Act of 2016, and any public entity 
authorized by the Federal Aviation Administration as 
an unmanned aircraft system flight test center before 
January 1, 2009. 
‘‘(10) ‘unmanned aircraft’ means an aircraft 
that is operated without the possibility of direct 
human intervention from within or on the aircraft. 
‘‘(11) ‘unmanned aircraft system’ means an un-
manned aircraft and associated elements (including
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communication links and the components that control 
the unmanned aircraft) that are required for the oper-
ator to operate safely and efficiently in the national 
airspace system.’’. 
(b) TABLE OF CHAPTERS.—The table of chapters for 
subtitle VII is amended by inserting after the item relating 
to chapter 447 the following: 
‘‘448. Unmanned Aircraft Systems ................................................................ 44801’’. 
SEC. 2122. UTILIZATION OF UNMANNED AIRCRAFT SYSTEM 
TEST SITES. 
(a) IN GENERAL.—Chapter 448, as designated by sec-
tion 2121 of this Act, is amended by inserting after section 
44801 the following: 
‘‘§ 44802. Unmanned aircraft system test sites 
‘‘(a)(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration shall establish and update, as 
appropriate, a program for the use of the 6 test sites estab-
lished under section 332(c) of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note), and any public 
entity authorized by the Federal Aviation Administration 
as an unmanned aircraft system flight test center before 
January 1, 2009, to facilitate the safe integration of un-
manned aircraft systems into the national airspace system. 
‘‘(2) TERMINATION.—The program shall terminate on 
September 30, 2022.
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‘‘(b) PROGRAM REQUIREMENTS.—In establishing the 
program under subsection (a), the Administrator shall— 
‘‘(1) designate airspace for safely testing the in-
tegration of unmanned flight operations in the na-
tional airspace system; 
‘‘(2) develop operational standards and air traf-
fic requirements for unmanned flight operations at 
test sites, including test ranges; 
‘‘(3) coordinate with and leverage the resources 
of the National Aeronautics and Space Administra-
tion and the Department of Defense; 
‘‘(4) address both civil and public unmanned 
aircraft systems; 
‘‘(5) ensure that the program is coordinated with 
relevant aspects of the Next Generation Air Transpor-
tation System; 
‘‘(6) provide for verification of the safety of un-
manned aircraft systems and related navigation pro-
cedures as it relates to continued development of 
standards for integration into the national airspace 
system; 
‘‘(7) engage each test site operator in projects for 
research, development, testing, and evaluation of un-
manned aircraft systems to facilitate the Federal 
Aviation Administration’s development of standards
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for the safe integration of unmanned aircraft into the 
national airspace system, which may include solu-
tions for— 
‘‘(A) developing and enforcing geographic 
and altitude limitations; 
‘‘(B) classifications of airspace where man-
ufacturers must prevent flight of an unmanned 
aircraft system; 
‘‘(C) classifications of airspace where manu-
facturers of unmanned aircraft systems must 
alert the operator to hazards or limitations on 
flight; 
‘‘(D) sense and avoid capabilities; 
‘‘(E) beyond-line-of-sight, nighttime oper-
ations and unmanned traffic management, or 
other critical research priorities; and 
‘‘(F) improving privacy protections through 
the use of advances in unmanned aircraft sys-
tems technology; 
‘‘(8) coordinate periodically with all test site op-
erators to ensure test site operators know which data 
should be collected, what procedures should be fol-
lowed, and what research would advance efforts to 
safely integrate unmanned aircraft systems into the 
national airspace system;
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‘‘(9) allow a test site to develop multiple test 
ranges within the test site; 
‘‘(10) streamline the approval process for test 
sites when processing unmanned aircraft certificates 
of waiver or authorization for operations at the test 
sites; 
‘‘(11) require each test site operator to protect 
proprietary technology, sensitive data, or sensitive re-
search of any civil or private entity when using that 
test site without the need to obtain an experimental 
or special airworthiness certificate; 
‘‘(12) evaluate options for the operation of 1 or 
more small unmanned aircraft systems beyond the 
visual line of sight of the operator for testing under 
controlled conditions that ensure the safety of persons 
and property, including on the ground; and 
‘‘(13) allow test site operators to receive Federal 
funding, other than from the Federal Aviation Ad-
ministration, including in-kind contributions, from 
test site participants in the furtherance of research, 
development, and testing objectives. 
‘‘(c) TEST SITE LOCATIONS.—In determining the loca-
tion of a test site under subsection (a), the Administrator 
shall—
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‘‘(1) take into consideration geographic and cli-
matic diversity; 
‘‘(2) take into consideration the location of 
ground infrastructure and research needs; and 
‘‘(3) consult with the Administrator of the Na-
tional Aeronautics and Space Administration and the 
Secretary of Defense. 
‘‘(d) REPORT TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Federal Aviation Admin-
istration Reauthorization Act of 2016, the Adminis-
trator shall submit to the appropriate committees of 
Congress a report on the establishment and implemen-
tation of the program under subsection (a). 
‘‘(2) BRIEFINGS.—Beginning 180 days after the 
date of enactment of the Federal Aviation Adminis-
tration Reauthorization Act of 2016, and every 180 
days thereafter until September 30, 2017, the Admin-
istrator shall provide to the appropriate committees of 
Congress a briefing that includes— 
‘‘(A) a current summary of unmanned air-
craft systems operations at the test sites since the 
last briefing to Congress; 
‘‘(B) a description of all of the data gen-
erated from the operations described in subpara-
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graph (A), and shared with the Federal Aviation 
Administration through a cooperative research 
and development agreement authorized in section 
2123 of the Federal Aviation Administration Re-
authorization Act of 2016, that relate to un-
manned aircraft systems research priorities, in-
cluding beyond-line-of-sight, unmanned traffic 
management, nighttime operations, and sense 
and avoid technology; 
‘‘(C) a description of how the data described 
in subparagraph (B) will be or is used— 
‘‘(i) to advance Federal Aviation Ad-
ministration priorities; 
‘‘(ii) to validate the safety of un-
manned aircraft systems and related tech-
nology; and 
‘‘(iii) to inform future rulemaking re-
lated to the integration of unmanned air-
craft systems into the national airspace; 
‘‘(D) an evaluation of the activities and 
specific outcomes from activities at the test sites 
that support the safe integration of unmanned 
aircraft systems under this chapter; and 
‘‘(E) recommendations for future Federal 
Aviation Administration test site operations that
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would generate data necessary to inform future 
rulemaking related to unmanned aircraft sys-
tems. 
‘‘(e) REVIEW OF OPERATIONS BY TEST SITE OPERA-
TORS.—The operator of each test site under subsection (a) 
shall— 
‘‘(1) review the operations of unmanned aircraft 
systems conducted at the test site, including— 
‘‘(A) ongoing or completed research; and 
‘‘(B) data regarding operations by private 
and public operators; and 
‘‘(2) submit to the Administrator, in such form 
and manner as specified by the Administrator, the re-
sults of the review, including recommendations to fur-
ther enable private research and development oper-
ations at the test sites that contribute to the Federal 
Aviation Administration’s safe integration of un-
manned aircraft systems into the national airspace 
system, on a quarterly basis until the program termi-
nates. 
‘‘(f) TESTING.—The Secretary may authorize an oper-
ator of a test site described in subsection (a) to administer 
testing requirements established by the Administrator for 
unmanned aircraft systems operations.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
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(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448, as added by section 2121 of this Act, 
is further amended by inserting after the item relat-
ing to section 44801 the following: 
‘‘44802. Unmanned aircraft system test sites.’’. 
(2) PILOT PROJECTS.—Section 332 of the FAA 
Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note) is amended by striking subsection (c). 
SEC. 2123. ADDITIONAL RESEARCH, DEVELOPMENT, AND 
TESTING. 
(a) RESEARCH PLAN.—Not later than 1 year after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration and the United States Un-
manned Aircraft System Executive Committee, jointly, and 
in coordination with industry, users, the Center of Excel-
lence for Unmanned Aircraft Systems, and test site opera-
tors, shall develop a research plan to identify ongoing re-
search into the broad range of technical, procedural, and 
policy concerns arising from the integration of unmanned 
aircraft systems into the national airspace system, and re-
search needs regarding those concerns. In developing the 
plan, the Administrator shall determine and engage the ap-
propriate entities to meet the research needs identified in 
the plan. 
(b) COLLABORATIVE RESEARCH AND DEVELOPMENT 
AGREEMENTS.—The Administrator may use the other
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transaction authority under section 106(l)(6) of title 49, 
United States Code, and enter into collaborative research 
and development agreements, to direct research related to 
unmanned aircraft systems, including at any test site 
under section 44802(a) of that title, and in coordination 
with the Center of Excellence for Unmanned Aircraft Sys-
tems. 
(c) USE OF CENTER OF EXCELLENCE FOR UNMANNED 
AIRCRAFT SYSTEMS.—The Administrator, in carrying out 
research necessary to establish the consensus safety stand-
ards and certification requirements in section 44803 of title 
49, United States Code, as added by section 2124, shall, 
to the maximum extent practicable, leverage the research 
and testing capacity and capabilities of the Center of Excel-
lence for Unmanned Aircraft Systems and the test sites (as 
defined in 44801 of such title, as added by section 2121). 
SEC. 2124. SAFETY STANDARDS. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2122 of this Act, is further amended by inserting after 
section 44802 the following: 
‘‘SEC. 44803. AIRCRAFT SAFETY STANDARDS. 
‘‘(a) CONSENSUS AIRCRAFT SAFETY STANDARDS.— 
Not later than 60 days after the date of enactment of the 
Federal Aviation Administration Reauthorization Act of 
2016, the Director of the National Institute of Standards
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and Technology and the Administrator of the Federal Avia-
tion Administration, in consultation with government and 
industry stakeholders and appropriate standards-setting or-
ganizations, shall initiate a collaborative process to develop 
risk-based, consensus industry airworthiness standards re-
lated to the safe integration of small unmanned aircraft 
systems into the national airspace system. 
‘‘(b) CONSIDERATIONS.—In developing the consensus 
aircraft safety standards, the Director and Administrator 
shall consider the following: 
‘‘(1) Technologies or standards related to geo-
graphic limitations, altitude limitations, and sense 
and avoid capabilities. 
‘‘(2) Using performance-based standards. 
‘‘(3) Predetermined action to maintain safety in 
the event that a communications link between a small 
unmanned aircraft and its operator is lost or com-
promised. 
‘‘(4) Detectability and identifiability to pilots, 
the Federal Aviation Administration, and air traffic 
controllers, as appropriate. 
‘‘(5) Means to prevent tampering with or modi-
fication of any system, limitation, or other safety 
mechanism or standard under this section or any
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other provision of law, including a means to identify 
any tampering or modification that has been made. 
‘‘(6) Consensus identification standards under 
section 2105. 
‘‘(7) How to update or modify a small un-
manned aircraft system that was commercially dis-
tributed prior to the development of the consensus air-
craft safety standards so that, to the greatest extent 
practicable, such systems meet the consensus aircraft 
safety standards. 
‘‘(8) Any technology or standard related to small 
unmanned aircraft systems that promotes aviation 
safety. 
‘‘(c) CONSULTATION.—In developing the consensus air-
craft safety standards under subsection (a), the Director 
and Administrator shall consult with— 
‘‘(1) the Administrator of the National Aero-
nautics and Space Administration; 
‘‘(2) the President of RTCA, Inc.; 
‘‘(3) the Secretary of Defense; 
‘‘(4) each operator of a test site under section 
44802; 
‘‘(5) the Center of Excellence for Unmanned Air-
craft Systems;
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‘‘(6) unmanned aircraft systems stakeholders; 
and 
‘‘(7) community-based aviation organizations. 
‘‘(d) FAA APPROVAL.—Not later than 1 year after the 
date of enactment of the Federal Aviation Administration 
Reauthorization Act of 2016, the Administrator of the Fed-
eral Aviation Administration shall establish a process for 
the approval of small unmanned aircraft systems make and 
models based upon the consensus aircraft safety standards 
developed under subsection (a). The consensus aircraft safe-
ty standards developed under subsection (a) shall allow the 
Administrator to approve small unmanned aircraft systems 
for operation within the national airspace system without 
requiring the type certification process in parts 21 and 23 
of the Code of Federal Regulations. 
‘‘(e) ELIGIBILITY.—The consensus aircraft safety 
standards for approval of small unmanned aircraft systems 
developed under this section shall set eligibility require-
ments for an airworthiness approval of a small unmanned 
aircraft system which shall include the following: 
‘‘(1) An applicant must provide the Federal 
Aviation Administration with— 
‘‘(A) the aircraft’s operating instructions; 
and
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‘‘(B) the manufacturer’s statement of com-
pliance as described in subsection (f) of this sec-
tion. 
‘‘(2) A sample aircraft must be inspected by the 
Federal Aviation Administration and found to be in 
a condition for safe operation and in compliance with 
the consensus aircraft safety standards required by 
the Administrator in subsection (d). 
‘‘(f) MANUFACTURER’S STATEMENT OF COMPLIANCE 
FOR SMALL UAS.—The manufacturer’s statement of com-
pliance shall— 
‘‘(1) identify the aircraft make and model, and 
consensus aircraft safety standard used; 
‘‘(2) state that the aircraft make and model 
meets the provisions of the standard identified in 
paragraph (1); 
‘‘(3) state that the aircraft make and model con-
forms to the manufacturer’s design data, using the 
manufacturer’s quality assurance system that meets 
the identified consensus standard adopted by the Ad-
ministrator in subsection (d), and is manufactured in 
way that ensures consistency in the production proc-
ess so that every unit produced meets the applicable 
consensus aircraft safety standards;
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‘‘(4) state that the manufacturer will make 
available to any interested person— 
‘‘(A) the aircraft’s operating instructions, 
that meet the standard identified in paragraph 
(1); and 
‘‘(B) the aircraft’s maintenance and inspec-
tion procedures, that meet the standard identi-
fied in paragraph (1); 
‘‘(5) state that the manufacturer will monitor 
and correct safety-of-flight issues through a continued 
airworthiness system that meets the standard identi-
fied in paragraph (1); 
‘‘(6) state that at the request of the Administra-
tion, the manufacturer will provide access by the Ad-
ministration to its facilities; and 
‘‘(7) state that the manufacturer, in accordance 
with a production acceptance test procedure that 
meets an applicable consensus aircraft safety stand-
ard has— 
‘‘(A) ground and flight tested random sam-
ples of the aircraft; 
‘‘(B) found the sample aircraft performance 
acceptable; and 
‘‘(C) determined that the make and model of 
aircraft is suitable for safe operation.
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‘‘(g) PROHIBITION.—It shall be unlawful for any per-
son to introduce or deliver for introduction into interstate 
commerce any unmanned aircraft manufactured after the 
date that the Administrator adopts consensus aircraft safety 
standards under this section, unless the manufacturer has 
received approval under subsection (d) for each make and 
model.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
chapter 448, as amended by section 2122 of this Act, is fur-
ther amended by inserting after the item relating to section 
44802 the following: 
‘‘44803. Aircraft safety standards.’’. 
SEC. 2125. UNMANNED AIRCRAFT SYSTEMS IN THE ARCTIC. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2124 of this Act, is further amended by inserting after 
section 44803 the following: 
‘‘§ 44804. Unmanned aircraft systems in the Arctic 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall develop a plan and initiate a process to work with 
relevant Federal agencies and national and international 
communities to designate permanent areas in the Arctic 
where small unmanned aircraft may operate 24 hours per 
day for research and commercial purposes. 
‘‘(b) PLAN CONTENTS.—The plan under subsection (a) 
shall include the development of processes to facilitate the 
safe operation of unmanned aircraft beyond line of sight.
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‘‘(c) REQUIREMENTS.—Each permanent area des-
ignated under subsection (a) shall enable over-water flights 
from the surface to at least 2,000 feet in altitude, with in-
gress and egress routes from selected coastal launch sites. 
‘‘(d) AGREEMENTS.—To implement the plan under 
subsection (a), the Secretary may enter into an agreement 
with relevant national and international communities. 
‘‘(e) AIRCRAFT APPROVAL.—Not later than 1 year 
after the entry into force of an agreement necessary to effec-
tuate the purposes of this section, the Secretary shall work 
with relevant national and international communities to 
establish and implement a process, or may apply an appli-
cable process already established, for approving the use of 
unmanned aircraft in the designated permanent areas in 
the Arctic without regard to whether an unmanned aircraft 
is used as a public aircraft, a civil aircraft, or a model 
aircraft.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448, as amended by section 2124 of this 
Act, is further amended by inserting after the item re-
lating to section 44803 the following: 
‘‘44804. Unmanned aircraft systems in the Arctic.’’. 
(2) EXPANDING
USE
OF
UNMANNED
AIRCRAFT 
SYSTEMS IN ARCTIC.—Section 332 of the FAA Mod-
† HR 636 EAS 
ernization and Reform Act of 2012 (49 U.S.C. 40101 
note) is amended by striking subsection (d). 
SEC. 2126. SPECIAL AUTHORITY FOR CERTAIN UNMANNED 
AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2125 of this Act, is further amended by inserting after 
section 44804 the following: 
‘‘§ 44805. Special authority for certain unmanned air-
craft systems 
‘‘(a) IN GENERAL.—Notwithstanding any other re-
quirement of this chapter, the Secretary of Transportation 
shall use a risk-based approach to determine if certain un-
manned aircraft systems may operate safely in the national 
airspace system notwithstanding completion of the com-
prehensive plan and rulemaking required by section 332 of 
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note) or the guidance required by section 44807. 
‘‘(b) ASSESSMENT
OF UNMANNED AIRCRAFT SYS-
TEMS.—In making the determination under subsection (a), 
the Secretary shall determine, at a minimum— 
‘‘(1) which types of unmanned aircraft systems, 
if any, as a result of their size, weight, speed, oper-
ational capability, proximity to airports and popu-
lated areas, and operation within or beyond visual 
line of sight, or operation during the day or night, do
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not create a hazard to users of the national airspace 
system or the public; and 
‘‘(2) whether a certificate under section 44703 or 
section 44704 of this title, or a certificate of waiver 
or certificate of authorization, is required for the op-
eration of unmanned aircraft systems identified 
under paragraph (1) of this subsection. 
‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the 
Secretary determines under this section that certain un-
manned aircraft systems may operate safely in the national 
airspace system, the Secretary shall establish requirements 
for the safe operation of such aircraft systems in the na-
tional airspace system, including operation related to re-
search, development, and testing of proprietary systems. 
‘‘(d) PILOT CERTIFICATION EXEMPTION.—If the Sec-
retary proposes, under this section, to require an operator 
of an unmanned aircraft system to hold an airman certifi-
cate, a medical certificate, or to have a minimum number 
of hours operating a manned aircraft, the Secretary shall 
set forth the reasoning for such proposal and seek public 
notice and comment before imposing any such require-
ments. 
‘‘(e) SUNSET.—The authority under this section for the 
Secretary to determine if certain unmanned aircraft sys-
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tems may operate safely in the national airspace system 
terminates effective September 30, 2017. 
‘‘(f) OPERATION
BY OWNERS
AND OPERATORS
OF 
CRITICAL INFRASTRUCTURE.— 
‘‘(1) IN GENERAL.—Any application process es-
tablished under subsection (a) shall allow for a cov-
ered person to apply to the Administrator to operate 
an unmanned aircraft system to conduct activities de-
scribed in paragraph (2)— 
‘‘(A) beyond the visual line of sight of the 
individual operating the unmanned aircraft sys-
tem; and 
‘‘(B) operation during the day or at night. 
‘‘(2) ACTIVITIES DESCRIBED.—The activities de-
scribed in this paragraph that a covered person may 
use an unmanned aircraft system to conduct are the 
following: 
‘‘(A) Activities for which compliance with 
current law or regulation can be accomplished 
by the use of manned aircraft, including— 
‘‘(i) conducting activities to ensure 
compliance with Federal or State regu-
latory, permit, or other requirements, in-
cluding to conduct surveys associated with 
applications for permits for new pipeline or
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pipeline systems construction or mainte-
nance or rehabilitation of existing pipelines 
or pipeline systems; or 
‘‘(ii) conducting activities relating to 
ensuring compliance with— 
‘‘(I) the requirements of part 192 
or 195 of title 49, Code of Federal Reg-
ulations; or 
‘‘(II) any Federal, State, or local 
governmental or regulatory body or in-
dustry best practice pertaining to the 
construction, 
ownership, 
operation, 
maintenance, repair, or replacement of 
covered facilities. 
‘‘(B) Activities to inspect, repair, construct, 
maintain, or protect covered facilities, including 
to respond to a pipeline, pipeline system, or elec-
tric energy infrastructure incident, or in re-
sponse to or in preparation for a natural dis-
aster, man-made disaster, severe weather event, 
or other incident beyond the control of the cov-
ered person that may cause material damage to 
a covered facility. 
‘‘(3) DEFINITIONS.—In this subsection:
† HR 636 EAS 
‘‘(A) COVERED FACILITY.—The term ‘cov-
ered facility’ means a pipeline, pipeline system, 
electric energy generation, transmission, or dis-
tribution facility (including renewable electric 
energy), oil or gas production, refining, or proc-
essing facility, or other critical infrastructure. 
‘‘(B) COVERED PERSON.—The term ‘covered 
person’ means a person that— 
‘‘(i) owns or operates a covered facil-
ity; 
‘‘(ii) is the sponsor of a covered facility 
project; 
‘‘(iii) is an association of persons de-
scribed by clause (i) or (ii) and is seeking 
programmatic approval for an activity in 
accordance with this subsection; or 
‘‘(iv) is an agent of any person de-
scribed in clause (i), (ii), or (iii). 
‘‘(C) 
CRITICAL
INFRASTRUCTURE.—The 
term ‘critical infrastructure’ has the meaning 
given that term in section 2339D of title 18. 
‘‘(4) DEADLINE.—Within 90 days from the date 
of enactment of the FAA Reauthorization of 2016 the 
Administrator must certify to the appropriate com-
mittees of Congress that a process has been established
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to facilitate applications for operations provided for 
under this subsection. If the Administrator cannot 
provide this certification, the Administrator, within 
180 days of from the due date of that certification, 
shall update the process under (a) to provide for such 
applications.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448, as amended by section 2125 of this 
Act, is further amended by inserting after the item re-
lating to section 44804 the following: 
‘‘44805. Special rules for certain unmanned aircraft systems.’’. 
(2) SPECIAL
RULES
FOR
CERTAIN
UNMANNED 
AIRCRAFT SYSTEMS.—Section 333 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 40101 
note) and the item relating to that section in the table 
of contents under section 1(b) of that Act (126 Stat. 
13) are repealed. 
SEC. 2127. ADDITIONAL RULEMAKING AUTHORITY. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) beyond visual line of sight and nighttime op-
erations of unmanned aircraft systems have tremen-
dous potential— 
(A) to enhance research and development 
both commercially and in academics;
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(B) to spur economic growth and develop-
ment through innovative applications of this 
emerging technology; and 
(C) to improve emergency response efforts as 
it relates to assessing damage to critical infra-
structure such as roads, bridges, and utilities, in-
cluding water and power, ultimately speeding re-
sponse time; 
(2) advancements in miniaturization of safety 
technologies, including for aircraft weighing under 
4.4 pounds, have increased economic opportunities for 
using unmanned aircraft systems while reducing ki-
netic energy and risk compared to unmanned aircraft 
that may weigh as much as 55 pounds; 
(3) advancements in unmanned technology will 
have the capacity to ultimately improve manned air-
craft safety; and 
(4) integrating unmanned aircraft systems safely 
into the national airspace, including beyond visual 
line of sight and nighttime operations on a routine 
basis should remain a top priority for the Federal 
Aviation Administration as it pursues additional 
rulemakings under the amendments made by this sec-
tion.
† HR 636 EAS 
(b) IN GENERAL.—Chapter 448, as amended by section 
2126 of this Act, is further amended by inserting after sec-
tion 44805 the following: 
‘‘§ 44806. Additional rulemaking authority 
‘‘(a) IN GENERAL.—Notwithstanding the rulemaking 
required by section 332 of the FAA Modernization and Re-
form Act of 2012 (49 U.S.C. 40101 note) or the guidance 
required by section 44807 of this title and subject to sub-
section (b)(2) of this section and section 44808, the Admin-
istrator may issue regulations under which a person may 
operate certain unmanned aircraft systems (as determined 
by the Administrator) in the United States— 
‘‘(1) without an airman certificate; 
‘‘(2) without an airworthiness certificate for the 
associated unmanned aircraft; or 
‘‘(3) that are not registered with the Federal 
Aviation Administration. 
‘‘(b) MICRO UNMANNED AIRCRAFT SYSTEMS OPER-
ATIONAL RULES.— 
‘‘(1) IN
GENERAL.—Notwithstanding the rule-
making required by section 332 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 40101 
note), the Administrator shall issue regulations not 
later than 270 days after the date of enactment of the 
Federal Aviation Administration Reauthorization Act
† HR 636 EAS 
of 2016 under which any person may operate a micro 
unmanned aircraft system classification of unmanned 
aircraft systems, the aircraft component of which 
weighs 4.4 pounds or less, including payload, without 
the person operating the system being required to pass 
any airman certification requirement, including any 
requirements under section 44703 of this title, part 61 
of title 14, Code of Federal Regulations, or any other 
rule or regulation relating to airman certification. 
‘‘(2) OPERATIONAL RULES.—The rulemaking re-
quired by paragraph (1) relating to micro unmanned 
aircraft systems shall consider the following rules, or 
any appropriate modifications thereof concerning al-
titude, airspeed, geographic location, and time of day 
as the Administrator considers appropriate, for oper-
ation of such systems: 
‘‘(A) Operation an altitude of less than 400 
feet above ground level. 
‘‘(B) Operation with an airspeed of not 
greater than 40 knots. 
‘‘(C) Operation within the visual line of 
sight of the operator. 
‘‘(D) Operation during the hours between 
sunrise and sunset.
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‘‘(E) Operation not less than 5 statute miles 
from the geographic center of an airport with an 
operational air traffic control tower or an air-
port denoted on a current aeronautical chart 
published by the Federal Aviation Administra-
tion, except that a micro unmanned aircraft sys-
tem may be operated within 5 statute miles of 
such an airport if the operator of the system— 
‘‘(i) provides notice to the airport oper-
ator; and 
‘‘(ii) in the case of an airport with an 
operational air traffic control tower, re-
ceives approval from the air traffic control 
tower. 
‘‘(c) SCOPE OF REGULATIONS.— 
‘‘(1) IN GENERAL.—In determining whether a 
person may operate an unmanned aircraft system 
under 1 or more of the circumstances described under 
paragraphs (1) through (3) of subsection (a), the Ad-
ministrator shall use a risk-based approach and con-
sider, at a minimum, the physical and functional 
characteristics of the unmanned aircraft system. 
‘‘(2) LIMITATION.—The Administrator may only 
issue regulations under this section for unmanned 
aircraft systems that the Administrator determines
† HR 636 EAS 
may be operated safely in the national airspace sys-
tem. 
‘‘(d) RULES OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
‘‘(1) to prohibit a person from operating an un-
manned aircraft system under a circumstance de-
scribed under paragraphs (1) through (3) of sub-
section (a) if— 
‘‘(A) the circumstance is allowed by regula-
tions issued under this section; and 
‘‘(B) the person operates the unmanned air-
craft system in a manner prescribed by the regu-
lations; and 
‘‘(2) to limit or affect in any way the Adminis-
trator’s authority to conduct a rulemaking, make a 
determination, or carry out any activity related to 
unmanned aircraft or unmanned aircraft systems 
under any other provision of law.’’. 
(c) TABLE OF CONTENTS.—The table of contents for 
chapter 448, as amended by section 2126 of this Act, is fur-
ther amended by inserting after the item relating to section 
44805 the following: 
‘‘44806. Additional rulemaking authority.’’.
† HR 636 EAS 
SEC. 2128. GOVERNMENTAL UNMANNED AIRCRAFT SYS-
TEMS. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2127 of this Act, is further amended by inserting after 
section 44806 the following: 
‘‘§ 44807. Public unmanned aircraft systems 
‘‘(a) GUIDANCE.—The Secretary of Transportation 
shall issue guidance regarding the operation of a public un-
manned aircraft system— 
‘‘(1) to streamline the process for the issuance of 
a certificate of authorization or a certificate of waiv-
er; 
‘‘(2) to provide for a collaborative process with 
public agencies to allow for an incremental expansion 
of access to the national airspace system as technology 
matures and the necessary safety analyses and data 
become available, and until standards are completed 
and technology issues are resolved; 
‘‘(3) to facilitate the capability of public agencies 
to develop and use test ranges, subject to operating re-
strictions required by the Federal Aviation Adminis-
tration, to test and operate public unmanned aircraft 
systems; and 
‘‘(4) to provide guidance on a public agency’s re-
sponsibilities when operating an unmanned aircraft
† HR 636 EAS 
without a civil airworthiness certificate issued by the 
Administration. 
‘‘(b) STANDARDS
FOR
OPERATION
AND
CERTIFI-
CATION.—The Administrator of the Federal Aviation Ad-
ministration shall develop and implement operational and 
certification requirements for the operation of a public un-
manned aircraft system in the national airspace system. 
‘‘(c) AGREEMENTS WITH GOVERNMENT AGENCIES.— 
‘‘(1) IN
GENERAL.—The Secretary shall enter 
into an agreement with each appropriate public agen-
cy to simplify the process for issuing a certificate of 
waiver or a certificate of authorization with respect 
to an application for authorization to operate a pub-
lic unmanned aircraft system in the national air-
space system. 
‘‘(2) CONTENTS.—An agreement under para-
graph (1) shall— 
‘‘(A) with respect to an application de-
scribed in paragraph (1)— 
‘‘(i) provide for an expedited review of 
the application; 
‘‘(ii) require a decision by the Admin-
istrator on approval or disapproval not 
later than 60 business days after the date of 
submission of the application;
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‘‘(iii) allow for an expedited appeal if 
the application is disapproved; and 
‘‘(iv) if applicable, include verification 
of the data minimization policy required 
under subsection (d); 
‘‘(B) allow for a one-time approval of simi-
lar operations carried out during a fixed period 
of time; and 
‘‘(C) allow a government public safety agen-
cy to operate an unmanned aircraft weighing 25 
pounds or less if that unmanned aircraft is oper-
ated— 
‘‘(i) within or beyond the line of sight 
of the operator; 
‘‘(ii) less than 400 feet above the 
ground; 
‘‘(iii) during daylight conditions; 
‘‘(iv) within Class G airspace; and 
‘‘(v) outside of 5 statute miles from 
any airport, heliport, seaplane base, space-
port, or other location with aviation activi-
ties. 
‘‘(d) DATA MINIMIZATION FOR CERTAIN PUBLIC UN-
MANNED AIRCRAFT SYSTEM OPERATORS.—Not later than 
180 days after the date of enactment of the Federal Aviation
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Administration Reauthorization Act of 2016 each Federal 
agency authorized by the Secretary to operate an unmanned 
aircraft system shall develop and update a data minimiza-
tion policy that requires, at a minimum, that— 
‘‘(1) prior to the deployment of any new un-
manned aircraft system technology, and at least every 
3 years, existing policies and procedures relating to 
the collection, use, retention, and dissemination of in-
formation obtained by an unmanned aircraft system 
must be examined to ensure that privacy, civil rights, 
and civil liberties are protected; 
‘‘(2) if the unmanned aircraft system is the plat-
form for information collection, information must be 
collected, used, retained, and disseminated consistent 
with the Constitution, Federal law, and other appli-
cable regulations and policies, such as the Privacy 
Act of 1974 (5 U.S.C. 552a); 
‘‘(3) the Federal agency or person operating on 
its behalf, only collect information using the un-
manned aircraft system, or use unmanned aircraft 
system-collected information, to the extent that the 
collection or use is consistent with and relevant to an 
authorized purpose as determined by the head of a 
Federal agency and consistent with the law;
† HR 636 EAS 
‘‘(4) any information collected, using an un-
manned aircraft or an unmanned aircraft system, 
that may contain personal information will not be re-
tained by any Federal agency for more than 180 days 
after the date of collection unless— 
‘‘(A) the head of the Federal agency deter-
mines that retention of the information is di-
rectly relevant and necessary to accomplish the 
specific purpose for which the Federal agency 
used the unmanned aircraft system; 
‘‘(B) that Federal agency maintains the in-
formation in a system of records under section 
552a of title 5; or 
‘‘(C) the information is required to be re-
tained for a longer period under other applicable 
law, including regulations; 
‘‘(5) any information collected, using an un-
manned aircraft or unmanned aircraft system, that is 
not maintained in a system of records under section 
552a of title 5, will not be disseminated outside of 
that Federal agency unless— 
‘‘(A) dissemination is required by law; or 
‘‘(B) dissemination satisfies an authorized 
purpose and complies with that Federal agency’s 
disclosure requirements;
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‘‘(6) to the extent it does not compromise law en-
forcement or national security a Federal agency 
shall— 
‘‘(A) provide notice to the public regarding 
where in the national airspace system the Fed-
eral agency is authorized to operate the un-
manned aircraft system; 
‘‘(B) keep the public informed about the 
Federal agency’s unmanned aircraft system pro-
gram, including any changes to that program 
that would significantly affect privacy, civil 
rights, or civil liberties; 
‘‘(C) make available to the public, on an 
annual basis, a general summary of the Federal 
agency’s unmanned aircraft system operations 
during the previous fiscal year, including— 
‘‘(i) a brief description of types or cat-
egories of missions flown; and 
‘‘(ii) the number of times the Federal 
agency provided assistance to other agencies 
or to State, local, tribal, or territorial gov-
ernments; and 
‘‘(D) make available on a public and 
searchable Internet website the data minimiza-
tion policy of the Federal agency;
101 
† HR 636 EAS 
manned aircraft system in response to a request 
for unmanned aircraft system assistance in sup-
port of Federal, State, local, tribal, or territorial 
government operations; and 
‘‘(F) a requirement that State, local, tribal, 
and territorial government recipients of Federal 
grant funding for the purchase or use of un-
manned aircraft systems for their own oper-
ations have in place policies and procedures to 
safeguard individuals’ privacy, civil rights, and 
civil liberties prior to expending such funds; and 
‘‘(8) ensures the protection of civil rights and 
civil liberties, including— 
‘‘(A) ensuring that policies are in place to 
prohibit the collection, use, retention, or dissemi-
nation of data in any manner that would violate 
the First Amendment or in any manner that 
would discriminate against persons based upon 
their ethnicity, race, gender, national origin, re-
ligion, sexual orientation, or gender identity, in 
violation of law; 
‘‘(B) ensuring that unmanned aircraft sys-
tem activities are performed in a manner con-
sistent with the Constitution and applicable
102 
† HR 636 EAS 
laws, Executive Orders, and other Presidential 
directives; and 
‘‘(C) ensuring that adequate procedures are 
in place to receive, investigate, and address, as 
appropriate, privacy, civil rights, and civil lib-
erties complaints. 
‘‘(e) LAW ENFORCEMENT AND NATIONAL SECURITY.— 
Each Federal agency shall effectuate a requirement under 
subsection (d) only to the extent it does not compromise law 
enforcement or national security. 
‘‘(f) DEFINITION
OF FEDERAL AGENCY.—In sub-
sections (d) and (e), the term ‘Federal agency’ has the 
meaning given the term ‘agency’ in section 552(f) of title 
5, United States Code.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448, as amended by section 2127 of this 
Act, is further amended by inserting after the item re-
lating to section 44806 the following: 
‘‘44807. Public unmanned aircraft systems.’’. 
(2) PUBLIC
UNMANNED
AIRCRAFT
SYSTEMS.— 
Section 334 of the FAA Modernization and reform 
Act of 2012 (49 U.S.C. 40101 note) and the item re-
lating to that section in the table of contents under 
section 1(b) of that Act (126 Stat. 13) are repealed.
103 
† HR 636 EAS 
SEC. 2129. SPECIAL RULES FOR MODEL AIRCRAFT. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2128 of this Act, is further amended by inserting after 
section 44807 the following: 
‘‘§ 44808. Special rules for model aircraft 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law relating to the incorporation of unmanned air-
craft systems into Federal Aviation Administration plans 
and policies, including this chapter, the Administrator of 
the Federal Aviation Administration may not promulgate 
any new rule or regulation specific only to an unmanned 
aircraft operating as a model aircraft if— 
‘‘(1) the aircraft is flown strictly for hobby or 
recreational use; 
‘‘(2) the aircraft is operated in accordance with 
a community-based set of safety guidelines and with-
in the programming of a nationwide community- 
based organization; 
‘‘(3) not flown beyond visual line of sight of per-
sons co-located with the operator or in direct commu-
nication with the operator; 
‘‘(4) the aircraft is operated in a manner that 
does not interfere with and gives way to any manned 
aircraft; 
‘‘(5) when flown within 5 miles of an airport, 
the operator of the aircraft provides the airport oper-
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ator, where applicable, and the airport air traffic 
control tower (when an air traffic facility is located 
at the airport) with prior notice and receives ap-
proval from the tower, to the extent practicable, for 
the operation from each (model aircraft operators fly-
ing from a permanent location within 5 miles of an 
airport should establish a mutually agreed upon oper-
ating procedure with the airport operator and the 
airport air traffic control tower (when an air traffic 
facility is located at the airport)); 
‘‘(6) the aircraft is flown from the surface to not 
more than 400 feet in altitude, except under special 
conditions and programs established by a community- 
based organization; and 
‘‘(7) the operator has passed an aeronautical 
knowledge and safety test administered by the Federal 
Aviation Administration online for the operation of 
unmanned aircraft systems subject to the require-
ments of section 44809 and maintains proof of test 
passage to be made available to the Administrator or 
law enforcement upon request. 
‘‘(b) UPDATES.— 
‘‘(1) IN GENERAL.—The Administrator, in col-
laboration with government and industry stake-
holders, including nationwide community-based orga-
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nizations, shall initiate a process to update the oper-
ational parameters under subsection (a), as appro-
priate. 
‘‘(2) CONSIDERATIONS.—In updating an oper-
ational parameter under paragraph (1), the Adminis-
trator shall consider— 
‘‘(A) appropriate operational limitations to 
mitigate aviation safety risk and risk to the un-
involved public; 
‘‘(B) operations outside the membership, 
guidelines, and programming of a nationwide 
community-based organization; 
‘‘(C) 
physical 
characteristics, 
technical 
standards, and classes of aircraft operating 
under this section; 
‘‘(D) trends in use, enforcement, or inci-
dents involving unmanned aircraft systems; and 
‘‘(E) ensuring, to the greatest extent prac-
ticable, that updates to the operational param-
eters correspond to, and leverage, advances in 
technology. 
‘‘(3) SAVINGS
CLAUSE.—Nothing in this sub-
section shall be construed as expanding the authority 
of the Administrator to require operators of model 
aircraft under the exemption of this subsection to be
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required to seek permissive authority of the Adminis-
trator prior to operation in the national airspace sys-
tem. 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Admin-
istrator to pursue enforcement action against persons oper-
ating model aircraft. 
‘‘(d) MODEL AIRCRAFT DEFINED.—In this section, the 
term ‘model aircraft’ means an unmanned aircraft that— 
‘‘(1) is capable of sustained flight in the atmos-
phere; and 
‘‘(2) is limited to weighing not more than 55 
pounds, including the weight of anything attached to 
or carried by the aircraft, unless otherwise approved 
through a design, construction, inspection, flight test, 
and operational safety program administered by a 
community-based organization.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448, as amended by section 2128 of this 
Act, is further amended by inserting after the item re-
lating to section 44807 the following: 
‘‘44808. Special rules for model aircraft.’’. 
(2) SPECIAL RULE FOR MODEL AIRCRAFT.—Sec-
tion 336 of the FAA Modernization and Reform Act 
of 2012 (49 U.S.C. 40101 note) and the item relating
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to that section in the table of contents under section 
1(b) of that Act (126 Stat. 13) are repealed. 
SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERONAUTICAL 
KNOWLEDGE AND SAFETY. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2129 of this Act, is further amended by inserting after 
section 44808 the following: 
‘‘§ 44809. Aeronautical knowledge and safety test 
‘‘(a) IN GENERAL.—An individual may not operate an 
unmanned aircraft system unless— 
‘‘(1) the individual has successfully completed an 
aeronautical knowledge and safety test under sub-
section (c); 
‘‘(2) the individual has authority to operate an 
unmanned aircraft under other Federal law; or 
‘‘(3) the individual is a holder of an airmen cer-
tificate issued under section 44703. 
‘‘(b) EXCEPTION.—This section shall not apply to the 
operation of an unmanned aircraft system that has been 
authorized by the Federal Aviation Administration under 
section 44802, 44805, 44806, or 44807. The Administrator 
may waive the requirements of this section for operators 
of aircraft weighing less than 0.55 pounds or for operators 
under the age of 13 operating the unmanned aircraft system
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under the supervision of an adult as determined by the Ad-
ministrator. 
‘‘(c) 
AERONAUTICAL
KNOWLEDGE
AND
SAFETY 
TEST.—Not later than 180 days after the date of enactment 
of the Federal Aviation Administration Reauthorization 
Act of 2016, the Administrator of the Federal Aviation Ad-
ministration, in consultation with manufacturers of un-
manned aircraft systems, other industry stakeholders, and 
community-based aviation organizations, shall develop an 
aeronautical knowledge and safety test that can be adminis-
tered electronically. 
‘‘(d) REQUIREMENTS.—The Administrator shall en-
sure that the aeronautical knowledge and safety test is de-
signed to adequately demonstrate an operator’s— 
‘‘(1) understanding of aeronautical safety knowl-
edge, as applicable; and 
‘‘(2) knowledge of Federal Aviation Administra-
tion regulations and requirements pertaining to the 
operation of an unmanned aircraft system in the na-
tional airspace system. 
‘‘(e) RECORD OF COMPLIANCE.— 
‘‘(1) IN
GENERAL.—Each operator of an un-
manned aircraft system described under subsection 
(a) shall maintain and make available for inspection, 
upon request by the Administrator or a Federal,
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State, or local law enforcement officer, a record of 
compliance with this section through— 
‘‘(A) an identification number, issued by 
the Federal Aviation Administration certifying 
passage of the aeronautical knowledge and safety 
test; 
‘‘(B) if the individual has authority to op-
erate an unmanned aircraft system under other 
Federal law, the requisite proof of authority 
under that law; or 
‘‘(C) an airmen certificate issued under sec-
tion 44703. 
‘‘(2) COORDINATION.—The Administrator may 
coordinate the identification number under para-
graph (1)(A) with an operator’s registration number 
to the extent practicable. 
‘‘(3) LIMITATION.—No fine or penalty may be 
imposed for the initial failure of an operator of an 
unmanned aircraft system to comply with paragraph 
(1) unless the Administrator finds that the conduct of 
the operator actually posed a risk to the national air-
space system.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
chapter 448, as amended by section 2129 of this Act, is fur-
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ther amended by inserting after the item relating to section 
44808 the following: 
‘‘44809. Aeronautical knowledge and safety test.’’. 
SEC. 2131. SAFETY STATEMENTS. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2130 of this Act, is further amended by inserting after 
section 44809 the following: 
‘‘§ 44810. Safety statements 
‘‘(a) PROHIBITION.—Beginning on the date that is 1 
year after the date of publication of the guidance under sub-
section (b)(1), it shall be unlawful for any person to intro-
duce or deliver for introduction into interstate commerce 
any unmanned aircraft manufactured unless a safety state-
ment is attached to the unmanned aircraft or accom-
panying the unmanned aircraft in its packaging. 
‘‘(b) SAFETY STATEMENT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Federal Aviation Admin-
istration Reauthorization Act of 2016, the Adminis-
trator of the Federal Aviation Administration shall 
issue guidance for implementing this section. 
‘‘(2) REQUIREMENTS.—A safety statement de-
scribed in subsection (a) shall include— 
‘‘(A) information about laws and regula-
tions applicable to unmanned aircraft systems;
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‘‘(B) recommendations for using unmanned 
aircraft in a manner that promotes the safety of 
persons and property; 
‘‘(C) the date that the safety statement was 
created or last modified; and 
‘‘(D) language approved by the Adminis-
trator regarding the following: 
‘‘(i) A person may operate the un-
manned aircraft as a model aircraft (as de-
fined in section 44808) or otherwise in ac-
cordance with Federal Aviation Adminis-
tration authorization or regulation, includ-
ing requirements for the completion of the 
aeronautical knowledge and safety test 
under section 44809. 
‘‘(ii) The definition of a model aircraft 
under section 44808. 
‘‘(iii) The requirements regarding a 
model 
aircraft 
under 
paragraphs 
(1) 
through (7) of section 44808(a). 
‘‘(iv) The Administrator of the Federal 
Aviation Administration may pursue en-
forcement action against a person operating 
model aircraft who endangers the safety of 
the national airspace system.
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‘‘(c) CIVIL PENALTY.—A person who violates sub-
section (a) shall be liable for each violation to the United 
States Government for a civil penalty described in section 
46301(a).’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
chapter 448, as amended by section 2130 of this Act, is fur-
ther amended by inserting after the item relating to section 
44809 the following: 
‘‘44810. Safety statements.’’. 
SEC. 2132. TREATMENT OF UNMANNED AIRCRAFT OPER-
ATING UNDERGROUND. 
An unmanned aircraft system that is operated under-
ground for mining purposes shall not be subject to regula-
tion or enforcement by the Federal Aviation Administration 
under chapter 448 of title 49, United States Code. 
SEC. 2133. ENFORCEMENT. 
(a) UAS SAFETY ENFORCEMENT.—The Administrator 
of the Federal Aviation Administration shall establish a 
program to utilize available remote detection and identi-
fication technologies for safety oversight, including enforce-
ment actions against operators of unmanned aircraft sys-
tems that are not in compliance with applicable Federal 
aviation laws, including regulations. 
(b) CIVIL PENALTIES.— 
(1) IN GENERAL.—Section 46301 is amended—
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(A) in subsection (a)(1)(A), by inserting 
‘‘chapter 448,’’ after ‘‘chapter 447 (except sec-
tions 44717 and 44719–44723),’’; 
(B) in subsection (a)(5), by inserting 
‘‘chapter 448,’’ after ‘‘chapter 447 (except sec-
tions 44717–44723),’’; 
(C) in subsection (d)(2), by inserting ‘‘chap-
ter 448,’’ after ‘‘chapter 447 (except sections 
44717 and 44719–44723),’’; and 
(D) in subsection (f), by inserting ‘‘chapter 
448,’’ after ‘‘chapter 447 (except 44717 and 
44719–44723),’’. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to limit the authority of 
the Administrator to pursue an enforcement action 
for a violation of this Act, a regulation prescribed or 
order or authority issued under this Act, or any other 
applicable provision of aviation safety law or regula-
tion. 
(c) REPORTING.—As part of the program, the Admin-
istrator shall establish and publicize a mechanism for the 
public and Federal, State, and local law enforcement to re-
port a suspected abuse or a violation of chapter 448 of title 
49, United States Code, for enforcement action.
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(d) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$5,000,000 for each of the fiscal years 2016 through 2017. 
SEC. 2134. AVIATION EMERGENCY SAFETY PUBLIC SERV-
ICES DISRUPTION. 
(a) IN GENERAL.—Chapter 463 is amended— 
(1) in section 46301(d)(2), by inserting ‘‘section 
46320,’’ after ‘‘section 46319,’’; and 
(2) by adding at the end the following: 
‘‘§ 46320. Interference with firefighting, law enforce-
ment, or emergency response activities 
‘‘(a) PROHIBITION.—No person may operate an air-
craft so as to interfere with firefighting, law enforcement, 
or emergency response activities. 
‘‘(b) DEFINITION.—For purposes of this section, an 
aircraft interferes with the activities specified in subsection 
(a) when its operation prevents the initiation of, interrupts, 
or endangers a person or property engaged in those activi-
ties. 
‘‘(c) CIVIL PENALTY.—A person violating subsection 
(a) shall be liable for a civil penalty of not more than 
$20,000. 
‘‘(d) COMPROMISE AND SETOFF.—The United States 
Government may deduct the amount of a civil penalty im-
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† HR 636 EAS 
posed or compromised under this section from the amounts 
the Government owes the person liable for the penalty.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
chapter 463 is amended by inserting after the item relating 
to section 46319 the following: 
‘‘46320. Interference with firefighting, law enforcement, or emergency response ac-
tivities.’’. 
SEC. 2135. PILOT PROJECT FOR AIRPORT SAFETY AND AIR-
SPACE HAZARD MITIGATION. 
(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall carry out a pilot program 
for airspace hazard mitigation at airports and other crit-
ical infrastructure. 
(b) CONSULTATION.—In carrying out the pilot pro-
gram under subsection (a), the Administrator shall work 
with the Secretary of Defense, Secretary of Homeland Secu-
rity, and the heads of relevant Federal agencies for the pur-
pose of ensuring technologies that are developed, tested, or 
deployed by those departments and agencies to mitigate 
threats posed by errant or hostile unmanned aircraft system 
operations do not adversely impact or interfere with safe 
airport operations, navigation, and air traffic services. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated from the Airport and Airway 
Trust Fund to carry out this section $6,000,000, to remain 
available until expended.
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SEC. 2136. CONTRIBUTION TO FINANCING OF REGULATORY 
FUNCTIONS. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2131 of this Act, is further amended by inserting after 
section 44810 the following: 
‘‘§ 44811. Regulatory and administrative fees 
‘‘(a) IN GENERAL.—Subject to subsection (b), the Ad-
ministrator may assess and collect regulatory and adminis-
trative fees to recover the costs of regulatory and adminis-
trative activities under this chapter related to authorization 
to operate unmanned aircraft systems for compensation or 
hire, or in the furtherance of a business enterprise. 
‘‘(b) LIMITATIONS.—Fees authorized under subsection 
(a) shall be reasonable, cost-based relative to the regulatory 
or administrative activity, and may not be discriminatory 
or a deterrent to compliance. 
‘‘(c) RECEIPTS CREDITED
TO ACCOUNT.—Notwith-
standing section 3302 of title 31, all fees and amounts col-
lected under this section shall be credited to the separate 
account established under section 45303(c). Section 41742 
shall not apply to fees and amounts collected under this 
section. 
‘‘(d) REGULATIONS.—Not later than 1 year after the 
date of enactment of the Federal Aviation Administration 
Reauthorization Act of 2016, the Administrator shall issue 
regulations to carry out this section.’’.
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(b) TABLE OF CONTENTS.—The table of contents for 
chapter 448, as amended by section 2131 of this Act, is fur-
ther amended by inserting after the item relating to section 
44810 the following: 
‘‘44811. Regulatory and administrative fees.’’. 
SEC. 2137. SENSE OF CONGRESS REGARDING SMALL UAS 
RULEMAKING. 
It is the sense of the Congress that the Administrator 
of the Federal Aviation Administration and Secretary of 
Transportation should take every necessary action to expe-
dite final action on the notice of proposed rulemaking dated 
February 23, 2015 (80 Fed. Reg. 9544), entitled ‘‘Operation 
and Certification of Small Unmanned Aircraft Systems’’. 
SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MAN-
AGEMENT. 
(a) RESEARCH PLAN FOR UTM DEVELOPMENT.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration, in coordination with 
the Administrator of the National Aeronautics and 
Space Administration, shall develop a research plan 
for unmanned aircraft systems traffic management 
(referred to in this section as ‘‘UTM’’) development. 
(2) REQUIREMENTS.—In developing the research 
plan under paragraph (1), the Administrator shall— 
(A) identify research goals related to:
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(i) operational parameters related to 
altitude, geographic coverage, classes of air-
space, and critical infrastructure; 
(ii) avionics capability requirements 
or standards; 
(iii) operator identification and au-
thentication requirements and capabilities; 
(iv) communication protocols with air 
traffic control facilities that will not inter-
fere with existing responsibility to deconflict 
manned aircraft in the national airspace 
system; 
(v) collision avoidance requirements; 
(vi) separation standards for manned 
and unmanned aircraft; and 
(vii) spectrum needs; 
(B) evaluate options for the administration 
and management structure for the traffic man-
agement of low altitude operations of small un-
manned aircraft systems; and 
(C) ensure the plan is consistent with the 
broader Federal Aviation Administration regu-
latory and operational framework encompassing 
all unmanned aircraft systems operations ex-
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pected to be authorized in the national airspace 
system. 
(3) ASSESSMENT.—The research plan under 
paragraph (1) shall include an assessment of— 
(A) the ability to allow near-term small un-
manned aircraft system operations without need 
of an automated UTM system; 
(B) the full range of operational capability 
any automated UTM system should possess; 
(C) the operational characteristics and 
metrics that would drive incremental adoption of 
automated capability and procedures consistent 
with a rising aggregate community demand for 
service for low altitude operations of small un-
manned aircraft systems; and 
(D) the integration points for small un-
manned aircraft system traffic management with 
the existing national airspace system planning 
and traffic management systems. 
(4) DEADLINES.—The Administrator shall— 
(A) initiate development of the research 
plan not later than 90 days after the date of en-
actment of this Act; and 
(B) not later than 180 days after the date 
of enactment of this Act—
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(i) complete the research plan; 
(ii) submit the research plan to the ap-
propriate committees of Congress; and 
(iii) publish the research plan on the 
Federal Aviation Administration’s Web site. 
(b) PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than 120 days after 
the date the research plan under subsection (a) is sub-
mitted under paragraph (4)(B) of that subsection, the 
Administrator of the Federal Aviation Administra-
tion shall coordinate with the Administrator of the 
National Aeronautics and Space Administration and 
the small unmanned aircraft systems industry to de-
velop operational concepts and top-level system re-
quirements for a UTM system pilot program, con-
sistent with subsection (a). 
(2) SOLICITATION.—The Administrator shall 
issue a solicitation for operational prototype systems 
that meet the necessary objectives for use in a pilot 
program to demonstrate, validate, or modify, as ap-
propriate, the requirements developed under para-
graph (1). 
(c) COMPREHENSIVE PLAN.— 
(1) IN GENERAL.—Not later than 270 days after 
the date the pilot program under subsection (b) is
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complete, the Administrator of the Federal Aviation 
Administration, in coordination with the Adminis-
trator of the National Aeronautics and Space Admin-
istration, and in consultation with the head of each 
relevant Federal agency, shall develop a comprehen-
sive plan for the deployment of UTM systems in the 
national airspace. 
(2) SYSTEM
REQUIREMENTS.—The comprehen-
sive plan under paragraph (1) shall include require-
ments or standards consistent with established or 
planned rulemaking for, at a minimum— 
(A) the flight of small unmanned aircraft 
systems in controlled and uncontrolled airspace; 
(B) communications, as applicable— 
(i) among small unmanned aircraft 
systems; 
(ii) between small unmanned aircraft 
systems and manned aircraft operating in 
the same airspace; and 
(iii) between small unmanned aircraft 
systems and air traffic control as considered 
necessary; and 
(C) air traffic management for small un-
manned aircraft systems operations.
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(d) SYSTEM IMPLEMENTATION.—Based on the com-
prehensive plan under subsection (c), including the require-
ments under paragraph (2) of that subsection, and the pilot 
program under subsection (b), the Administrator shall de-
termine the operational need and implementation schedule 
for evolutionary use of automation support systems to sepa-
rate and deconflict manned and unmanned aircraft sys-
tems. 
SEC. 2139. EMERGENCY EXEMPTION PROCESS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall publish guidance for ap-
plications for, and procedures for the processing of, on an 
emergency basis, exemptions or certificates of authorization 
or waiver for the use of unmanned aircraft systems by civil 
or public operators in response to a catastrophe, disaster, 
or other emergency to facilitate emergency response oper-
ations, such as firefighting, search and rescue, and utility 
and infrastructure restoration efforts. This guidance shall 
outline procedures for operations under both sections 44805 
and 44807, of title 49, United States Code, with priority 
given to applications for public unmanned aircraft systems 
engaged in emergency response activities. 
(b) REQUIREMENTS.—In providing guidance under 
subsection (a), the Administrator shall—
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(1) make explicit any safety requirements that 
must be met for the consideration of applications that 
include requests for beyond visual line of sight, night-
time operations, or the suspension of otherwise appli-
cable operating restrictions, consistent with public in-
terest and safety; and 
(2) explicitly state the procedures for coordi-
nating with an incident commander, if any, to ensure 
operations granted under procedures developed under 
subsection (a) do not interfere with manned catas-
trophe, disaster, or other emergency response oper-
ations or otherwise impact response efforts. 
(c) REVIEW.—In processing applications on an emer-
gency basis for exemptions or certificates of authorization 
or waiver for unmanned aircraft systems operations in re-
sponse to a catastrophe, disaster, or other emergency, the 
Administrator of the Federal Aviation Administration shall 
act on such applications as expeditiously as practicable and 
without requiring public notice and comment. 
SEC. 2140. PUBLIC UAS OPERATIONS BY TRIBAL GOVERN-
MENTS. 
(a) PUBLIC UAS OPERATIONS BY TRIBAL GOVERN-
MENTS.—Section 40102(a)(41) is amended by adding at the 
end the following:
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‘‘(F) An unmanned aircraft that is owned 
and operated by or exclusively leased for at least 
90 consecutive days by an Indian tribal govern-
ment (as defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122)), except as provided 
in section 40125(b).’’. 
(b) CONFORMING AMENDMENT.—Section 40125(b) is 
amended by striking ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’. 
SEC. 2141. CARRIAGE OF PROPERTY BY SMALL UNMANNED 
AIRCRAFT SYSTEMS FOR COMPENSATION OR 
HIRE. 
(a) IN GENERAL.—Chapter 448, as amended by sec-
tion 2136 of this Act, is further amended by adding after 
section 44811 the following: 
‘‘§ 44812. Carriage of property by small unmanned 
aircraft systems for compensation or hire 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this section, the Secretary of Transpor-
tation shall issue a final rule authorizing the carriage of 
property by operators of small unmanned aircraft systems 
for compensation or hire within the United States. 
‘‘(b) CONTENTS.—The final rule required under sub-
section (a) shall provide for the following:
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‘‘(1) SMALL UAS AIR CARRIER CERTIFICATE.— 
The Administrator of the Federal Aviation Adminis-
tration, at the direction of the Secretary, shall estab-
lish a certificate (to be known as a ‘small UAS air 
carrier certificate’) for persons that undertake di-
rectly, by lease, or other arrangement the operation of 
small unmanned aircraft systems to carry property 
in air transportation, including commercial fleet op-
erations with highly automated unmanned aircraft 
systems. The requirements to operate under a small 
UAS air carrier certificate shall— 
‘‘(A) consider the unique characteristics of 
highly automated, small unmanned aircraft sys-
tems; and 
‘‘(B) include requirements for the safe oper-
ation of small unmanned aircraft systems that, 
at a minimum, address— 
‘‘(i) airworthiness of small unmanned 
aircraft systems; 
‘‘(ii) qualifications for operators and 
the type and nature of the operations; and 
‘‘(iii) operating specifications gov-
erning the type and nature of the un-
manned aircraft system air carrier oper-
ations.
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‘‘(2) SMALL
UAS
AIR
CARRIER
CERTIFICATION 
PROCESS.—The Administrator, at the direction of the 
Secretary, shall establish a process for the issuance of 
small UAS air carrier certificates established pursu-
ant to paragraph (1) that is performance-based and 
ensures required safety levels are met. Such certifi-
cation process shall consider— 
‘‘(A) safety risks and the mitigation of those 
risks associated with the operation of highly 
automated, small unmanned aircraft around 
other manned and unmanned aircraft, and over 
persons and property on the ground; 
‘‘(B) the competencies and compliance pro-
grams of manufacturers, operators, and compa-
nies that manufacture, operate, or both small un-
manned aircraft systems and components; and 
‘‘(C) compliance with the requirements es-
tablished pursuant to paragraph (1). 
‘‘(3) SMALL
UAS
AIR
CARRIER
CLASSIFICA-
TION.—The Secretary shall develop a classification 
system for persons issued small UAS air carrier cer-
tificates pursuant to this subsection to establish eco-
nomic authority for the carriage of property by small 
unmanned aircraft systems for compensation or hire. 
Such classification shall only require—
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‘‘(A) registration with the Department of 
Transportation; and 
‘‘(B) a valid small UAS air carrier certifi-
cate issued pursuant to this subsection.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
chapter 448, as amended by section 2136 of this Act, is fur-
ther amended by adding after the item relating to section 
44811 the following: 
‘‘44812. Carriage of property by small unmanned aircraft systems for compensa-
tion or hire.’’. 
SEC. 2142. COLLEGIATE TRAINING INITIATIVE PROGRAM 
FOR UNMANNED AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall establish a Collegiate 
Training Initiative program relating to unmanned aircraft 
systems by making new agreements or continuing existing 
agreements with institutions of higher education (as defined 
by the Administrator) under which the institutions prepare 
students for careers involving unmanned aircraft systems. 
The Administrator may establish standards for the entry 
of such institutions into the program and for their contin-
ued participation in the program. 
(b) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this 
section, the term ‘‘unmanned aircraft system’’ has the
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meaning given that term by section 44801 of title 49, 
United States Code, as added by section 2121 of this Act. 
SEC. 2143. INCORPORATION OF FEDERAL AVIATION ADMIN-
ISTRATION OCCUPATIONS RELATING TO UN-
MANNED AIRCRAFT INTO VETERANS EMPLOY-
MENT PROGRAMS OF THE ADMINISTRATION. 
Not later than 180 days after the date of the enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration, in consultation with the Secretary of Veterans 
Affairs, the Secretary of Defense, and the Secretary of 
Labor, shall determine whether occupations of the Adminis-
tration relating to unmanned aircraft systems technology 
and regulations can be incorporated into the Veterans Em-
ployment Program of the Administration, particularly in 
the interaction between such program and the New Sights 
Work Experience Program and the Vet-Link Cooperative 
Education Program. 
PART III—TRANSITION AND SAVINGS 
PROVISIONS 
SEC. 2151. SENIOR ADVISOR FOR UNMANNED AIRCRAFT 
SYSTEMS INTEGRATION. 
(a) IN GENERAL.—There shall be in the Federal Avia-
tion Administration a Senior Advisor for Unmanned Air-
craft Systems Integration.
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(b) QUALIFICATIONS.—The Senior Advisor for Un-
manned Aircraft Systems Integration shall have a dem-
onstrated ability in management and knowledge of or expe-
rience in aviation. 
(c) RESPONSIBILITIES.—Unless otherwise determined 
by the Administrator of the Federal Aviation Administra-
tion— 
(1) the Senior Advisor shall report directly to the 
Deputy Administrator of the Federal Aviation Ad-
ministration; and 
(2) the responsibilities of the Senior Advisor 
shall include the following: 
(A) Providing advice to the Administrator 
and Deputy Administrator related to the inte-
gration of unmanned aircraft systems into the 
national airspace system. 
(B) Reviewing and evaluating Federal 
Aviation Administration policies, activities, and 
operations related to unmanned aircraft systems. 
(C) Facilitating coordination and collabora-
tion among components of the Federal Aviation 
Administration with respect to activities related 
to unmanned aircraft systems integration. 
(D) Interacting with Congress, and Federal, 
State, or local agencies, and stakeholder organi-
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zations whose operations and interests are af-
fected by the activities of the Federal Aviation 
Administration on matters related to unmanned 
aircraft systems integration. 
SEC. 2152. EFFECT ON OTHER LAWS. 
(a) FEDERAL PREEMPTION.—No State or political 
subdivision of a State may enact or enforce any law, regu-
lation, or other provision having the force and effect of law 
relating to the design, manufacture, testing, licensing, reg-
istration, certification, operation, or maintenance of an un-
manned aircraft system, including airspace, altitude, flight 
paths, equipment or technology requirements, purpose of op-
erations, and pilot, operator, and observer qualifications, 
training, and certification. 
(b) PRESERVATION OF STATE AND LOCAL AUTHOR-
ITY.—Nothing in this subtitle shall be construed to limit 
a State or local government’s authority to enforce Federal, 
State, or local laws relating to nuisance, voyeurism, pri-
vacy, data security, harassment, reckless endangerment, 
wrongful death, personal injury, property damage, or other 
illegal acts arising from the use of unmanned aircraft sys-
tems if such laws are not specifically related to the use of 
an unmanned aircraft system. 
(c) NO PREEMPTION OF COMMON LAW OR STATUTORY 
CAUSES OF ACTION.—Nothing in this subtitle, nor any
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standard, rule, requirement, standard of performance, safe-
ty determination, or certification implemented pursuant to 
this subtitle, shall be construed to preempt, displace, or sup-
plant any State or Federal common law rights or any State 
or Federal statute creating a remedy for civil relief, includ-
ing those for civil damage, or a penalty for a criminal con-
duct. Notwithstanding any other provision of this subtitle, 
nothing in this subtitle, nor any amendments made by this 
subtitle, shall preempt or preclude any cause of action for 
personal injury, wrongful death, property damage, or other 
injury based on negligence, strict liability, products liabil-
ity, failure to warn, or any other legal theory of liability 
under any State law, maritime law, or Federal common 
law or statutory theory. 
SEC. 2153. SPECTRUM. 
(a) IN GENERAL.—Small unmanned aircraft systems 
may operate wireless control link, tracking, diagnostics, 
payload communication, and collaborative-collision avoid-
ance, such as vehicle-to-vehicle communication, and other 
uses, if permitted by and consistent with the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.), Federal Commu-
nications Commission rules, and the safety-of-life deter-
mination made by the Federal Aviation Administration, 
and with carrier consent, whether they are operating within
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the UTM system under section 2138 of this Act or outside 
such a system. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration, the National Telecommunications 
and Information Administration, and the Federal Commu-
nications Commission, shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate, the 
Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Energy 
and Commerce of the House of Representatives a report— 
(1) on whether small unmanned aircraft systems 
operations should be permitted to operate on spectrum 
designated for aviation use, on an unlicensed, shared, 
or exclusive basis, for operations within the UTM sys-
tem or outside of such a system; 
(2) that addresses any technological, statutory, 
regulatory, and operational barriers to the use of such 
spectrum; and 
(3) that, if it is determined that spectrum des-
ignated for aviation use is not suitable for operations 
by small unmanned aircraft systems, includes rec-
ommendations of other spectrum frequencies that may 
be appropriate for such operations.
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SEC. 2154. APPLICATIONS FOR DESIGNATION. 
(a) APPLICATIONS FOR DESIGNATION.—Not later than 
180 days after the date of enactment of this Act, the Sec-
retary of Transportation shall establish a process to allow 
applicants to petition the Administrator of the Federal 
Aviation Administration to prohibit or otherwise limit the 
operation of an aircraft, including an unmanned aircraft, 
over, under, or within a specified distance from a fixed site 
facility. 
(b) REVIEW PROCESS.— 
(1) APPLICATION PROCEDURES.— 
(A) IN GENERAL.—The Administrator shall 
establish the procedures for the application for 
designation under subsection (a). 
(B) 
REQUIREMENTS.—The 
procedures 
shall— 
(i) allow individual fixed site facility 
applications; and 
(ii) allow for a group of similar facili-
ties to apply for a collective designation. 
(C) CONSIDERATIONS.—In establishing the 
procedures, the Administrator shall consider how 
the process will apply to— 
(i) critical infrastructure, such as en-
ergy production, transmission, and dis-
tribution facilities and equipment;
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(ii) oil refineries and chemical facili-
ties; 
(iii) amusement parks; and 
(iv) other locations that may benefit 
from such restrictions. 
(2) DETERMINATION.— 
(A) IN GENERAL.—The Secretary shall pro-
vide for a determination under the review proc-
ess established under subsection (a) not later 
than 90 days from the date of application, unless 
the applicant is provided with written notice de-
scribing the reason for the delay. 
(B) AFFIRMATIVE
DESIGNATIONS.—An af-
firmative designation shall outline— 
(i) the boundaries for unmanned air-
craft operation near the fixed site facility; 
and 
(ii) such other limitations that the Ad-
ministrator determines may be appropriate. 
(C) CONSIDERATIONS.—In making a deter-
mination whether to grant or deny an applica-
tion for a designation, the Administrator may 
consider— 
(i) aviation safety;
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(ii) personal safety of the uninvolved 
public; 
(iii) national security; or 
(iv) homeland security. 
(D) OPPORTUNITY FOR RESUBMISSION.—If 
an application is denied and the applicant can 
reasonably address the reason for the denial, the 
Administrator may allow the applicant to re-
apply for designation. 
(c) PUBLIC INFORMATION.—Designations under sub-
section (a) shall be published by the Federal Aviation Ad-
ministration on a publicly accessible website. 
SEC. 2155. USE OF UNMANNED AIRCRAFT SYSTEMS AT IN-
STITUTIONS OF HIGHER EDUCATION. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Administrator of the Fed-
eral Aviation Administration shall establish procedures and 
standards, as applicable, to facilitate the safe operation of 
unmanned aircraft systems by institutions of higher edu-
cation, including faculty, students, and staff. 
(b) STANDARDS.—The procedures and standards re-
quired under subsection (a) shall outline risk-based oper-
ational parameters to ensure the safety of the national air-
space system and the uninvolved public that facilitates the
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use of unmanned aircraft systems for educational or re-
search purposes. 
(c) UNMANNED AIRCRAFT SYSTEM APPROVAL.—The 
procedures required under subsection (a) shall allow un-
manned aircraft systems operated under this section to be 
modified for research purposes without iterative approval 
from the Administrator. 
(d) ADDITIONAL PROCEDURES.—The Administrator 
shall establish a procedure to provide for streamlined, risk- 
based operational approval for unmanned aircraft systems 
operated by institutions of higher education, including fac-
ulty, students, and staff, outside of the parameters or pur-
poses set forth in subsection (b). 
(e) DEADLINES.— 
(1) IN GENERAL.—If, by the date that is 270 
days after the date of enactment of this Act, the Ad-
ministrator has not set forth standards and proce-
dures required under subsections (a), (b), and (c), an 
institution of higher education may— 
(A) without specific approval from the Fed-
eral Aviation Administration, operate small un-
manned aircraft at model aircraft fields ap-
proved by the Academy of Model Aeronautics 
and with the permission of the local club of the 
Academy of Model Aeronautics; and
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(B) submit to the Federal Aviation Admin-
istration applications for approval of the institu-
tion’s designation of 1 or more outdoor flight 
fields. 
(2) CONSEQUENCE OF FAILURE TO APPROVE.—If 
the Administrator does not take action with respect to 
an application submitted under paragraph (1)(B) 
within 30 days of the submission of the application, 
the failure to do so shall be treated as approval of the 
application. 
(f) DEFINITIONS.—In this section: 
(1) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given that term by section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)). 
(2) UNMANNED
AIRCRAFT
SYSTEM.—The term 
‘‘unmanned aircraft system’’ has the meaning given 
the term in section 44801 of title 49, United States 
Code, as added by section 2121 of this Act. 
(3) EDUCATIONAL OR RESEARCH PURPOSES.— 
The term ‘‘educational or research purposes’’, with re-
spect to the operation of an unmanned aircraft sys-
tem by an institution of higher education, includes— 
(A) instruction of students at the institu-
tion;
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(B) academic or research related use of un-
manned aircraft systems by student organiza-
tions recognized by the institution, if such use 
has been approved by the institution; 
(C) activities undertaken by the institution 
as part of research projects, including research 
projects sponsored by the Federal Government; 
and 
(D) other academic activities at the institu-
tion, including general research, engineering, 
and robotics. 
SEC. 2156. TRANSITION LANGUAGE. 
(a) 
REGULATIONS.—Notwithstanding 
the 
repeals 
under 
sections 
2122(b)(2), 
2125(b)(2), 
2126(b)(2), 
2128(b)(2), and 2129(b)(2) of this Act, all orders, deter-
minations, rules, regulations, permits, grants, and con-
tracts, which have been issued under any law described 
under subsection (b) of this section on or before the effective 
date of this Act shall continue in effect until modified or 
revoked by the Secretary of Transportation, acting through 
the Administrator of the Federal Aviation Administration, 
as applicable, by a court of competent jurisdiction, or by 
operation of law other than this Act. 
(b) LAWS DESCRIBED.—The laws described under this 
subsection are as follows:
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(1) Section 332(c) of the FAA Modernization 
and Reform Act of 2012 (49 U.S.C. 40101 note). 
(2) Section 332(d) of the FAA Modernization 
and Reform Act of 2012 (49 U.S.C. 40101 note). 
(3) Section 333 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note). 
(4) Section 334 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note). 
(5) Section 336 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note). 
(c) EFFECT ON PENDING PROCEEDINGS.—This Act 
shall not affect administrative or judicial proceedings pend-
ing on the effective date of this Act. 
PART IV—OPERATOR SAFETY 
SEC. 2161. SHORT TITLE. 
This part may be cited as the ‘‘Drone Operator Safety 
Act’’. 
SEC. 2162. FINDINGS; SENSE OF CONGRESS. 
(a) FINDING.—Congress finds that educating operators 
of unmanned aircraft about the laws and regulations that 
govern such aircraft helps to ensure their safe operation. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the Administrator of the Federal Aviation Administra-
tion should continue to prioritize the education of operators
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of unmanned aircraft through public outreach efforts like 
the ‘‘Know Before You Fly’’ campaign. 
SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Chapter 2 of title 18, United States 
Code, is amended— 
(1) in section 31— 
(A) in subsection (a)— 
(i) by redesignating paragraph (10) as 
paragraph (11); and 
(ii) by inserting after paragraph (9) 
the following: 
‘‘(10) UNMANNED
AIRCRAFT.—The term ‘un-
manned aircraft’ has the meaning given such term in 
section 44801 of title 49.’’; and 
(B) in subsection (b), by inserting ‘‘ ‘air-
port’,’’ before ‘‘ ‘appliance’ ’’; and 
(2) by inserting after section 39A the following: 
‘‘§ 39B. Unsafe operation of unmanned aircraft 
‘‘(a) OFFENSE.—Any person who operates an un-
manned aircraft and, in so doing, knowingly or recklessly 
interferes with, or disrupts the operation of, an aircraft car-
rying 1 or more occupants operating in the special aircraft 
jurisdiction of the United States, in a manner that poses 
an imminent safety hazard to such occupants, shall be pun-
ished as provided in subsection (b).
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‘‘(b) PENALTY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the punishment for an offense under sub-
section (a) shall be a fine under this title, imprison-
ment for not more than 1 year, or both. 
‘‘(2) SERIOUS BODILY INJURY OR DEATH.—Any 
person who attempts to cause, or knowingly or reck-
lessly causes, serious bodily injury or death during 
the commission of an offense under subsection (a) 
shall be fined under this title, imprisoned for any 
term of years or for life, or both. 
‘‘(c) OPERATION OF UNMANNED AIRCRAFT IN CLOSE 
PROXIMITY TO AIRPORTS.— 
‘‘(1) IN
GENERAL.—The operation of an un-
manned aircraft within a runway exclusion zone 
shall be considered a violation of subsection (a) unless 
such operation is approved by the airport’s air traffic 
control facility or is the result of a circumstance, such 
as a malfunction, that could not have been reasonably 
foreseen or prevented by the operator. 
‘‘(2) RUNWAY
EXCLUSION
ZONE
DEFINED.—In 
this subsection, the term ‘runway exclusion zone’ 
means a rectangular area— 
‘‘(A) centered on the centerline of an active 
runway of an airport immediately around which
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the airspace is designated as class B, class C, or 
class D airspace at the surface under part 71 of 
title 14, Code of Federal Regulations; and 
‘‘(B) the length of which extends parallel to 
the runway’s centerline to points that are 1 stat-
ute mile from each end of the runway and the 
width of which is 1⁄2 statute mile.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 2 of title 18, United States Code, is amended by 
inserting after the item relating to section 39A the fol-
lowing: 
‘‘39B. Unsafe operation of unmanned aircraft.’’. 
Subtitle B—FAA Safety 
Certification Reform 
PART I—GENERAL PROVISIONS 
SEC. 2211. DEFINITIONS. 
In this subtitle: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Federal Avia-
tion Administration. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory 
Committee’’ means the Safety Oversight and Certifi-
cation Advisory Committee established under section 
2212. 
(3) FAA.—The term ‘‘FAA’’ means the Federal 
Aviation Administration.
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(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(5) SYSTEMS
SAFETY
APPROACH.—The term 
‘‘systems safety approach’’ means the application of 
specialized technical and managerial skills to the sys-
tematic, forward-looking identification and control of 
hazards throughout the lifecycle of a project, program, 
or activity. 
SEC. 2212. SAFETY OVERSIGHT AND CERTIFICATION ADVI-
SORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, the Secretary shall estab-
lish a Safety Oversight and Certification Advisory Com-
mittee in accordance with this section. 
(b) DUTIES.—The Advisory Committee shall provide 
advice to the Secretary on policy-level issues facing the 
aviation community that are related to FAA safety over-
sight and certification programs and activities, including 
the following: 
(1) Aircraft and flight standards certification 
processes, including efforts to streamline those proc-
esses. 
(2) Implementation and oversight of safety man-
agement systems. 
(3) Risk-based oversight efforts.
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(4) Utilization of delegation and designation au-
thorities, including organization designation author-
ization. 
(5) Regulatory interpretation standardization ef-
forts. 
(6) Training programs. 
(7) Expediting the rulemaking process and 
prioritizing safety-related rules. 
(8) Enhancing global competitiveness of U.S. 
manufactured and FAA type-certificate aircraft prod-
ucts and services throughout the world. 
(c) FUNCTIONS.—In carrying out its duties under sub-
section (b) related to FAA safety oversight and certification 
programs and activities, the Advisory Committee shall— 
(1) foster aviation stakeholder collaboration in 
an open and transparent manner; 
(2) consult with, and ensure participation by— 
(A) the private sector, including representa-
tives of— 
(i) general aviation; 
(ii) commercial aviation; 
(iii) aviation labor; 
(iv) aviation, aerospace, and avionics 
manufacturing; and
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(v) unmanned aircraft systems indus-
try; and 
(B) the public; 
(3) recommend consensus national goals, stra-
tegic objectives, and priorities for the most efficient, 
streamlined, and cost-effective safety oversight and 
certification processes in order to maintain the safety 
of the aviation system while allowing the FAA to 
meet future needs and ensure that aviation stake-
holders remain competitive in the global marketplace; 
(4) provide policy recommendations for the 
FAA’s safety oversight and certification efforts; 
(5) periodically review and provide recommenda-
tions regarding the FAA’s safety oversight and certifi-
cation efforts; 
(6) periodically review and evaluate registration, 
certification, and related fees; 
(7) provide appropriate legislative, regulatory, 
and guidance recommendations for the air transpor-
tation system and the aviation safety regulatory envi-
ronment; 
(8) recommend performance objectives for the 
FAA and aviation industry; 
(9) recommend performance metrics for the FAA 
and the aviation industry to be tracked and reviewed
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as streamlining certification reform, flight standards 
reform, 
and 
regulation 
standardization 
efforts 
progress; 
(10) provide a venue for tracking progress to-
ward national goals and sustaining joint commit-
ments; 
(11) recommend recruiting, hiring, staffing lev-
els, training, and continuing education objectives for 
FAA aviation safety engineers and aviation safety in-
spectors; 
(12) provide advice and recommendations to the 
FAA on how to prioritize safety rulemaking projects; 
(13) improve the development of FAA regulations 
by providing information, advice, and recommenda-
tions related to aviation issues; 
(14) encourage the validation of U.S. manufac-
tured and FAA type-certificate aircraft products and 
services throughout the world; and 
(15) any other functions as determined appro-
priate by the chairperson of the Advisory Committee 
and the Administrator. 
(d) MEMBERSHIP.— 
(1) VOTING MEMBERS.—The Advisory Committee 
shall be composed of the following voting members:
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(A) The Administrator, or the Administra-
tor’s designee. 
(B) At least 1 representative, appointed by 
the Secretary, of each of the following: 
(i) Aircraft and engine manufacturers. 
(ii) Avionics and equipment manufac-
turers. 
(iii) Aviation labor organizations, in-
cluding collective bargaining representatives 
of FAA aviation safety inspectors and avia-
tion safety engineers. 
(iv) General aviation operators. 
(v) Air carriers. 
(vi) Business aviation operators. 
(vii) Unmanned aircraft systems man-
ufacturers and operators. 
(viii) Aviation safety management ex-
perts. 
(2) NONVOTING MEMBERS.— 
(A) IN GENERAL.—In addition to the mem-
bers appointed under paragraph (1), the Advi-
sory Committee shall be composed of nonvoting 
members appointed by the Secretary from among 
individuals representing FAA safety oversight 
program offices.
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(B) DUTIES.—A nonvoting member may— 
(i) take part in deliberations of the Ad-
visory Committee; and 
(ii) provide input with respect to any 
report or recommendation of the Advisory 
Committee. 
(C) LIMITATION.—A nonvoting member 
may not represent any stakeholder interest other 
than that of an FAA safety oversight program 
office. 
(3) TERMS.—Each voting member and non-
voting member of the Advisory Committee shall be ap-
pointed for a term of 2 years. 
(4) RULE OF CONSTRUCTION.—Public Law 104– 
65 (2 U.S.C. 1601 et seq.) may not be construed to 
prohibit or otherwise limit the appointment of any 
individual as a member of the Advisory Committee. 
(e) COMMITTEE
CHARACTERISTICS.—The Advisory 
Committee shall have the following characteristics: 
(1) Each voting member under subsection 
(d)(1)(B) shall be an executive that has decision au-
thority within the member’s organization and can 
represent and enter into commitments on behalf of 
that organization in a way that serves the entire
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group of organizations that member represents under 
that subsection. 
(2) The ability to obtain necessary information 
from experts in the aviation and aerospace commu-
nities. 
(3) A membership size that enables the Advisory 
Committee to have substantive discussions and reach 
consensus on issues in an expeditious manner. 
(4) Appropriate expertise, including expertise in 
certification and risk-based safety oversight processes, 
operations, policy, technology, labor relations, train-
ing, and finance. 
(f) CHAIRPERSON.— 
(1) IN GENERAL.—The chairperson of the Advi-
sory Committee shall be appointed by the Secretary 
from among the voting members under subsection 
(d)(1)(B). 
(2) TERM.—Each member appointed under 
paragraph (1) shall serve a term of 2 years as chair-
person. 
(g) MEETINGS.— 
(1) FREQUENCY.—The Advisory Committee shall 
convene at least 2 meetings a year at the call of the 
chairperson.
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(2) PUBLIC ATTENDANCE.—Each meeting of the 
Advisory Committee shall be open and accessible to 
the public. 
(h) SPECIAL COMMITTEES.— 
(1) ESTABLISHMENT.—The Advisory Committee 
may establish 1 or more special committees composed 
of private sector representatives, members of the pub-
lic, labor representatives, and other relevant parties 
in complying with consultation and participation re-
quirements under subsection (c)(2). 
(2) RULEMAKING ADVICE.—A special committee 
established by the Advisory Committee may— 
(A) provide rulemaking advice and rec-
ommendations to the Advisory Committee; 
(B) provide the FAA additional opportuni-
ties to obtain firsthand information and insight 
from those persons that are most affected by ex-
isting and proposed regulations; and 
(C) assist in expediting the development, re-
vision, or elimination of rules in accordance 
with, and without circumventing, established 
public rulemaking processes and procedures. 
(3) FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act (5 U.S.C. App.)
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shall not apply to a special committee under this sub-
section. 
(i) SUNSET.—The Advisory Committee shall cease to 
exist on September 30, 2017. 
PART II—AIRCRAFT CERTIFICATION REFORM 
SEC. 2221. AIRCRAFT CERTIFICATION PERFORMANCE OB-
JECTIVES AND METRICS. 
(a) IN GENERAL.—Not later than 120 days after the 
date the Advisory Committee is established under section 
2212, the Administrator shall establish performance objec-
tives and apply and track performance metrics for the FAA 
and the aviation industry relating to aircraft certification 
in accordance with this section. 
(b) COLLABORATION.—The Administrator shall carry 
out this section in collaboration with the Advisory Com-
mittee and update agency performance objectives and 
metrics after considering the proposals recommended by the 
Advisory Committee under paragraphs (8) and (9) of sec-
tion 2212(c). 
(c) PERFORMANCE OBJECTIVES.—In establishing per-
formance objectives under subsection (a), the Administrator 
shall ensure progress is made toward, at a minimum— 
(1) eliminating certification delays and improv-
ing cycle times;
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(2) increasing accountability for both FAA and 
the aviation industry; 
(3) achieving full utilization of FAA delegation 
and designation authorities, including organizational 
designation authorization; 
(4) fully implementing risk management prin-
ciples and a systems safety approach; 
(5) reducing duplication of effort; 
(6) increasing transparency; 
(7) developing and providing training, including 
recurrent training, in auditing and a systems safety 
approach to certification oversight; 
(8) improving the process for approving or ac-
cepting the certification actions between the FAA and 
bilateral partners; 
(9) maintaining and improving safety; 
(10) streamlining the hiring process for— 
(A) qualified systems safety engineers at 
staffing levels to support the FAA’s efforts to im-
plement a systems safety approach; and 
(B) qualified systems safety engineers to 
guide the engineering of complex systems within 
the FAA; and 
(11) maintaining the leadership of the United 
States in international aviation and aerospace.
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(d) PERFORMANCE METRICS.—In carrying out sub-
section (a), the Administrator shall— 
(1) apply and track performance metrics for the 
FAA and the aviation industry; and 
(2) transmit to the appropriate committees of 
Congress an annual report on tracking the progress 
toward full implementation of the recommendations 
under section 2212. 
(e) DATA.— 
(1) BASELINES.—Not later than 1 year after the 
date the Advisory Committee recommends initial per-
formance metrics under section 2212(c)(9), the Ad-
ministrator shall generate initial data with respect to 
each of the performance metrics applied and tracked 
under this section. 
(2) BENCHMARKS.—The Administrator shall use 
the performance metrics applied and tracked under 
this section to generate data on an ongoing basis and 
to measure progress toward the consensus national 
goals, strategic objectives, and priorities recommended 
under section 2212(c)(3). 
(f) PUBLICATION.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
Administrator shall make data generated using the 
performance metrics applied and tracked under this
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section available in a searchable, sortable, and 
downloadable format through the Internet Web site of 
the FAA or other appropriate methods. 
(2) 
LIMITATIONS.—The 
Administrator 
shall 
make the data under paragraph (1) available in a 
manner that— 
(A) protects from disclosure identifying in-
formation regarding an individual or entity; 
and 
(B) protects from inappropriate disclosure 
proprietary information. 
SEC. 
2222. 
ORGANIZATION 
DESIGNATION 
AUTHORIZA-
TIONS. 
(a) IN GENERAL.—Chapter 447 is amended by adding 
at the end the following: 
‘‘§ 44736. Organization designation authorizations 
‘‘(a) DELEGATIONS OF FUNCTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), in the oversight of an ODA holder, the Ad-
ministrator of the Federal Aviation Administration, 
in accordance with Federal Aviation Administration 
standards, shall— 
‘‘(A) require, based on an application sub-
mitted by the ODA holder and approved by the 
Administrator (or the Administrator’s designee),
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a procedures manual that addresses all proce-
dures and limitations regarding the specified 
functions to be performed by the ODA holder 
subject to regulations prescribed by the Adminis-
trator; 
‘‘(B) delegate fully to the ODA holder each 
of the functions specified in the procedures man-
ual, unless the Administrator determines, after 
the date of the delegation and as a result of an 
inspection or other investigation, that the public 
interest and safety of air commerce requires a 
limitation with respect to 1 or more of the func-
tions; and 
‘‘(C) conduct oversight activities, including 
by inspecting the ODA holder’s delegated func-
tions and taking action based on validated in-
spection findings. 
‘‘(2) DUTIES OF ODA HOLDERS.—An ODA hold-
er shall— 
‘‘(A) perform each specified function dele-
gated to the ODA holder in accordance with the 
approved procedures manual for the delegation; 
‘‘(B) make the procedures manual available 
to each member of the appropriate ODA unit; 
and
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‘‘(C) cooperate fully with oversight activities 
conducted by the Administrator in connection 
with the delegation. 
‘‘(3) EXISTING ODA HOLDERS.—With regard to 
an ODA holder operating under a procedures manual 
approved by the Administrator before the date of en-
actment of the Federal Aviation Administration Re-
authorization Act of 2016, the Administrator shall— 
‘‘(A) at the request of the ODA holder, and 
in an expeditious manner, consider revisions to 
the ODA holder’s procedures manual; 
‘‘(B) delegate fully to the ODA holder each 
of the functions specified in the procedures man-
ual, unless the Administrator determines, after 
the date of the delegation and as a result of an 
inspection or other investigation, that the public 
interest and safety of air commerce requires a 
limitation with respect to 1 or more of the func-
tions; and 
‘‘(C) conduct oversight activities, including 
by inspecting the ODA holder’s delegated func-
tions and taking action based on validated in-
spection findings. 
‘‘(b) ODA OFFICE.—
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‘‘(1) ESTABLISHMENT.—Not later than 120 days 
after the date of enactment of Federal Aviation Ad-
ministration Reauthorization Act of 2016, the Ad-
ministrator shall identify, within the Office of Avia-
tion Safety, a centralized policy office to be respon-
sible for the organization designation authorization 
(referred to in this subsection as the ODA Office). The 
Director of the ODA Office shall report to the Director 
of the Aircraft Certification Service. 
‘‘(2) PURPOSE.—The purpose of the ODA Office 
shall be to provide oversight and ensure consistency of 
the Federal Aviation Administration audit functions 
under the ODA program across the agency. 
‘‘(3) FUNCTIONS.—The ODA Office shall— 
‘‘(A)(i) at the request of an ODA holder, 
eliminate all limitations specified in a proce-
dures manual in place on the date of enactment 
of the Federal Aviation Administration Reau-
thorization Act of 2016 that are low and me-
dium risk as determined by a risk analysis using 
criteria established by the ODA Office and dis-
closed to the ODA holder, except where an ODA 
holder’s performance warrants the retention of a 
specific limitation due to documented concerns
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about inadequate current performance in car-
rying out that authorized function; 
‘‘(ii) require an ODA holder to establish a 
corrective action plan to regain authority for 
any retained limitations; 
‘‘(iii) require an ODA holder to notify the 
ODA Office when all corrective actions have been 
accomplished; 
‘‘(iv) make a reassessment to determine if 
subsequent performance in carrying out any re-
tained limitation warrants continued retention 
and, if such reassessment determines perform-
ance meets objectives, lift such limitation imme-
diately; 
‘‘(B) improve the Administration and the 
ODA holder performance and ensure full use of 
the authorities delegated under the ODA pro-
gram; 
‘‘(C) develop a more consistent approach to 
audit priorities, procedures, and training under 
the ODA program; 
‘‘(D) expeditiously review a random sample 
of limitations on delegated authorities under the 
ODA program to determine if the limitations are 
appropriate;
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‘‘(E) review and approve new limitations to 
ODA functions; and 
‘‘(F) ensure national consistency in the in-
terpretation and application of the requirements 
of the ODA program, including any limitations, 
and in the performance of the ODA program. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ODA OR ORGANIZATION DESIGNATION AU-
THORIZATION.—The term ‘ODA’ or ‘organization des-
ignation authorization’ means an authorization 
under section 44702(d) to perform approved functions 
on behalf of the Administrator of the Federal Aviation 
Administration under subpart D of part 183 of title 
14, Code of Federal Regulations. 
‘‘(2) ODA HOLDER.—The term ‘ODA holder’ 
means an entity authorized under section 44702(d)— 
‘‘(A) to which the Administrator of the Fed-
eral Aviation Administration issues an ODA let-
ter of designation under subpart D of part 183 
of title 14, Code of Federal Regulations (or any 
corresponding similar regulation or ruling); and 
‘‘(B) that is responsible for administering 1 
or more ODA units. 
‘‘(3) ODA PROGRAM.—The term ‘ODA program’ 
means the program to standardize Federal Aviation
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Administration management and oversight of the or-
ganizations that are approved to perform certain 
functions on behalf of the Administration under sec-
tion 44702(d). 
‘‘(4) ODA UNIT.—The term ‘ODA unit’ means a 
group of 2 or more individuals under the supervision 
of an ODA holder who perform the specified functions 
under an ODA. 
‘‘(5) ORGANIZATION.—The term ‘organization’ 
means a firm, a partnership, a corporation, a com-
pany, an association, a joint-stock association, or a 
governmental entity.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
The table of contents of chapter 447 is amended by adding 
after the item relating to section 44735 the following: 
‘‘44736. Organization designation authorizations.’’. 
SEC. 2223. ODA REVIEW. 
(a) EXPERT REVIEW PANEL.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Adminis-
trator of the FAA shall convene a multidisciplinary 
expert review panel (referred to in this section as the 
‘‘Panel’’). 
(2) COMPOSITION.—
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(A) IN GENERAL.—The Panel shall be com-
posed of not more than 20 members appointed by 
the Administrator. 
(B) QUALIFICATIONS.—The members ap-
pointed to the Panel shall— 
(i) each have a minimum of 5 years of 
experience in processes and procedures 
under the ODA program; and 
(ii) include representatives of ODA 
holders, aviation manufacturers, safety ex-
perts, and FAA labor organizations, includ-
ing labor representatives of FAA aviation 
safety inspectors and aviation safety engi-
neers. 
(b) SURVEY.—The Panel shall survey ODA holders 
and ODA program applicants to document FAA safety 
oversight and certification programs and activities, includ-
ing the FAA’s use of the ODA program and the speed and 
efficiency of the certification process. In carrying out this 
subsection, the Administrator shall consult with the appro-
priate survey experts and the Panel to best design and con-
duct the survey. 
(c) ASSESSMENT.—The Panel shall— 
(1) conduct an assessment of—
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(A) the FAA’s processes and procedures 
under the ODA program and whether the proc-
esses and procedures function as intended; 
(B) the best practices of and lessons learned 
by ODA holders and the FAA personnel who pro-
vide oversight of ODA holders; 
(C) the performance incentive policies, re-
lated to the ODA program for FAA personnel, 
that do not conflict with the public interest; 
(D) the training activities related to the 
ODA program for FAA personnel and ODA 
holders; and 
(E) the impact, if any, that oversight of the 
ODA program has on FAA resources and the 
FAA’s ability to process applications for certifi-
cations outside of the ODA program; and 
(2) make recommendations for improving FAA 
safety oversight and certification programs and ac-
tivities based on the results of the survey under sub-
section (b) and each element of the assessment under 
paragraph (1) of this subsection. 
(d) REPORT.—Not later than 180 days after the date 
the Panel is convened under subsection (a), the Panel shall 
submit to the Administrator, the Advisory Committee estab-
lished under section 2212, and the appropriate committees
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of Congress a report on results of the survey under sub-
section (b) and the assessment and recommendations under 
subsection (c). 
(e) DEFINITIONS.—The terms used in this section have 
the meanings given the terms in section 44736 of title 49, 
United States Code. 
(f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Panel. 
(g) SUNSET.—The Panel shall terminate on the date 
the report is submitted under subsection (d). 
SEC. 2224. TYPE CERTIFICATION RESOLUTION PROCESS. 
(a) IN GENERAL.—Section 44704(a) is amended by 
adding at the end the following: 
‘‘(6) TYPE
CERTIFICATION
RESOLUTION
PROC-
ESS.— 
‘‘(A) IN
GENERAL.—Not later than 15 
months after the date of enactment of Federal 
Aviation Administration Reauthorization Act of 
2016, the Administrator shall establish an effec-
tive, expeditious, and milestone-based issue reso-
lution process for type certification activities 
under this subsection. 
‘‘(B) PROCESS REQUIREMENTS.—The reso-
lution process shall provide for—
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‘‘(i) the resolution of technical issues at 
preestablished stages of the certification 
process, as agreed to by the Administrator 
and the type certificate applicant; 
‘‘(ii) the automatic escalation to ap-
propriate management personnel of the Fed-
eral Aviation Administration and the type 
certificate applicant of any major certifi-
cation process milestone that is not com-
pleted or resolved within a specific period of 
time agreed to by the Administrator and the 
type certificate applicant; and 
‘‘(iii) the resolution of a major certifi-
cation process milestone escalated under 
clause (ii) within a specific period of time 
agreed to by the Administrator and the type 
certificate applicant. 
‘‘(C) DEFINITION OF MAJOR CERTIFICATION 
PROCESS
MILESTONE.—In this paragraph, the 
term ‘major certification process milestone’ 
means a milestone related to a type certification 
basis, type certification plan, type inspection au-
thorization, issue paper, or other major type cer-
tification activity agreed to by the Administrator 
and the type certificate applicant.’’.
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(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
Section 44704 is amended in the heading by striking ‘‘air-
worthiness certificates,,’’ and inserting ‘‘air-
worthiness certificates,’’. 
SEC. 2225. SAFETY ENHANCING TECHNOLOGIES FOR SMALL 
GENERAL AVIATION AIRPLANES. 
(a) POLICY.—In a manner consistent with the Small 
Airplane Revitalization Act of 2013 (49 U.S.C. 44704 note), 
not later than 180 days after the date of enactment of this 
Act, the Administrator shall establish and begin imple-
menting a risk-based policy that streamlines the installa-
tion of safety enhancing technologies for small general avia-
tion airplanes in a manner that reduces regulatory delays 
and significantly improves safety. 
(b) INCLUSIONS.—The safety enhancing technologies 
for small general aviation airplanes described in subsection 
(a) shall include, at a minimum, the replacement or retrofit 
of primary flight displays, auto pilots, engine monitors, 
and navigation equipment. 
(c) COLLABORATION.—In carrying out this section, the 
Administrator shall collaborate with general aviation oper-
ators, general aviation manufacturers, and appropriate 
FAA labor organizations, including representatives of FAA 
aviation safety inspectors and aviation safety engineers, 
certified under section 7111 of title 5, United States Code.
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(d) DEFINITION OF SMALL GENERAL AVIATION AIR-
PLANE.—In this section, the term ‘‘small general aviation 
airplane’’ means an airplane that— 
(1) is certified to the standards of part 23 of title 
14, Code of Federal Regulations; 
(2) has a seating capacity of not more than 9 
passengers; and 
(3) is not used in scheduled passenger-carrying 
operations under part 121 of title 14, Code of Federal 
Regulations. 
SEC. 2226. STREAMLINING CERTIFICATION OF SMALL GEN-
ERAL AVIATION AIRPLANES. 
(a) FINAL RULEMAKING.—Not later than December 
31, 2016, the Administrator shall issue a final rulemaking 
to comply with section 3 of the Small Airplane Revitaliza-
tion Act of 2013 (49 U.S.C. 44704 note). 
(b) GOVERNMENT
REVIEW.—The Federal Govern-
ment’s review process shall be streamlined to meet the dead-
line in subsection (a). 
PART III—FLIGHT STANDARDS REFORM 
SEC. 2231. FLIGHT STANDARDS PERFORMANCE OBJECTIVES 
AND METRICS. 
(a) IN GENERAL.—Not later than 120 days after the 
date the Advisory Committee is established under section 
2212, the Administrator shall establish performance objec-
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tives and apply and track performance metrics for the FAA 
and the aviation industry relating to flight standards ac-
tivities in accordance with this section. 
(b) COLLABORATION.—The Administrator shall carry 
out this section in collaboration with the Advisory Com-
mittee and update agency performance objectives and 
metrics after considering the recommendations of the Advi-
sory Committee under paragraphs (8) and (9) of section 
2212(c). 
(c) PERFORMANCE OBJECTIVES.—In carrying out sub-
section (a), the Administrator shall ensure that progress is 
made toward, at a minimum— 
(1) eliminating delays with respect to such ac-
tivities; 
(2) increasing accountability for both FAA and 
the aviation industry; 
(3) fully implementing risk management prin-
ciples and a systems safety approach; 
(4) reducing duplication of effort; 
(5) promoting appropriate compliance activities 
and eliminating inconsistent regulatory interpreta-
tions and inconsistent enforcement activities; 
(6) improving and providing greater opportuni-
ties for training, including recurrent training, in au-
diting and a systems safety approach to oversight;
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(7) developing and allowing the use of a single 
master source for guidance; 
(8) providing and using a streamlined appeal 
process for the resolution of regulatory interpretation 
questions; 
(9) maintaining and improving safety; and 
(10) increasing transparency. 
(d) PERFORMANCE METRICS.—In carrying out sub-
section (a), the Administrator shall— 
(1) apply and track performance metrics for the 
FAA and the aviation industry; and 
(2) transmit to the appropriate committees of 
Congress an annual report tracking the progress to-
ward full implementation of the performance metrics 
under section 2212. 
(e) DATA.— 
(1) BASELINES.—Not later than 1 year after the 
date the Advisory Committee recommends initial per-
formance metrics under section 2212(c)(9), the Ad-
ministrator shall generate initial data with respect to 
each of the performance metrics applied and tracked 
that are approved based on the recommendations re-
quired under this section. 
(2) BENCHMARKS.—The Administrator shall use 
the performance metrics applied and tracked under
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this section to generate data on an ongoing basis and 
to measure progress toward the consensus national 
goals, strategic objectives, and priorities recommended 
under section 2212(c)(3). 
(f) PUBLICATION.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
Administrator shall make data generated using the 
performance metrics applied and tracked under this 
section available in a searchable, sortable, and 
downloadable format through the Internet Web site of 
the FAA or other appropriate methods. 
(2) 
LIMITATIONS.—The 
Administrator 
shall 
make the data under paragraph (1) available in a 
manner that— 
(A) protects from disclosure identifying in-
formation regarding an individual or entity; 
and 
(B) protects from inappropriate disclosure 
proprietary information. 
SEC. 2232. FAA TASK FORCE ON FLIGHT STANDARDS RE-
FORM. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Administrator shall 
establish the FAA Task Force on Flight Standards Reform 
(referred to in this section as the ‘‘Task Force’’).
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(b) MEMBERSHIP.— 
(1) APPOINTMENT.—The membership of the Task 
Force shall be appointed by the Administrator. 
(2) NUMBER.—The Task Force shall be composed 
of not more than 20 members. 
(3) 
REPRESENTATION
REQUIREMENTS.—The 
membership of the Task Force shall include represent-
atives, with knowledge of flight standards regulatory 
processes and requirements, of— 
(A) air carriers; 
(B) general aviation; 
(C) business aviation; 
(D) repair stations; 
(E) unmanned aircraft systems operators; 
(F) flight schools; 
(G) labor unions, including those rep-
resenting FAA aviation safety inspectors and 
those representing FAA aviation safety engineers; 
and 
(H) aviation safety experts. 
(c) DUTIES.—The duties of the Task Force shall in-
clude, at a minimum, identifying cost-effective best prac-
tices and providing recommendations with respect to— 
(1) simplifying and streamlining flight stand-
ards regulatory processes;
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(2) reorganizing the Flight Standards Service to 
establish an entity organized by function rather than 
geographic region, if appropriate; 
(3) FAA aviation safety inspector training op-
portunities; 
(4) FAA aviation safety inspector standards and 
performance; and 
(5) achieving, across the FAA, consistent— 
(A) regulatory interpretations; and 
(B) application of oversight activities. 
(d) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Task Force shall submit to the 
Administrator, Advisory Committee established under sec-
tion 2212, and appropriate committees of Congress a report 
detailing— 
(1) the best practices identified and rec-
ommendations provided by the Task Force under sub-
section (c); and 
(2) any recommendations of the Task Force for 
additional regulatory action or cost-effective legisla-
tive action. 
(e) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Task Force.
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(f) SUNSET.—The Task Force shall cease to exist on 
the date that the Task Force submits the report required 
under subsection (d). 
SEC. 2233. CENTRALIZED SAFETY GUIDANCE DATABASE. 
(a) ESTABLISHMENT.—Not later than 1 year after the 
date of enactment of this Act, the Administrator of the FAA 
shall establish a centralized safety guidance database for all 
of the regulatory guidance issued by the FAA Office of Avia-
tion Safety regarding compliance with 1 or more aviation 
safety-related provisions of the Code of Federal Regulations. 
(b) REQUIREMENTS.—The database under subsection 
(a) shall— 
(1) for each guidance, include a link to the spe-
cific provision of the Code of Federal Regulations; 
(2) subject to paragraph (3), be accessible to the 
public; and 
(3) be provided in a manner that— 
(A) protects from disclosure identifying in-
formation regarding an individual or entity; 
and 
(B) protects from inappropriate disclosure 
proprietary information. 
(c) DATA ENTRY TIMING.— 
(1) EXISTING DOCUMENTS.—Not later than 14 
months after the date the database is established, the
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Administrator shall have completed entering into the 
database any applicable regulatory guidance that are 
in effect and were issued before that date. 
(2) NEW
REGULATORY
GUIDANCE
AND
UP-
DATES.—Beginning on the date the database is estab-
lished, the Administrator shall ensure that any appli-
cable regulatory guidance that are issued on or after 
that date are entered into the database as they are 
issued. 
(d) CONSULTATION REQUIREMENT.—In establishing 
the database under subsection (a), the Administrator shall 
consult and collaborate with appropriate stakeholders, in-
cluding labor organizations (including those representing 
aviation workers, FAA aviation safety engineers, and FAA 
aviation safety inspectors) and aviation industry stake-
holders. 
(e) DEFINITION OF REGULATORY GUIDANCE.—In this 
section, the term ‘‘regulatory guidance’’ means all forms of 
written information issued by the FAA that an individual 
or entity may use to interpret or apply FAA regulations 
and requirements, including information an individual or 
entity may use to determine acceptable means of compliance 
with such regulations and requirements, such as an order, 
manual, circular, policy statement, legal interpretation 
memorandum, and rulemaking documents.
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SEC. 2234. REGULATORY CONSISTENCY COMMUNICATIONS 
BOARD. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Administrator of the 
FAA shall establish a Regulatory Consistency Communica-
tions Board (referred to in this section as the ‘‘Board’’). 
(b) CONSULTATION REQUIREMENT.—In establishing 
the Board, the Administrator shall consult and collaborate 
with appropriate stakeholders, including FAA labor organi-
zations (including labor organizations representing FAA 
aviation safety inspectors and labor organizations rep-
resenting FAA aviation safety engineers) and aviation in-
dustry stakeholders. 
(c) MEMBERSHIP.—The Board shall be composed of 
FAA representatives, appointed by the Administrator, 
from— 
(1) the Flight Standards Service; 
(2) the Aircraft Certification Service; and 
(3) the Office of the Chief Counsel. 
(d) FUNCTIONS.—The Board shall carry out the fol-
lowing functions: 
(1) Recommend, at a minimum, processes by 
which— 
(A) FAA personnel and persons regulated 
by the FAA may submit regulatory interpreta-
tion questions without fear of retaliation;
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(B) FAA personnel may submit written 
questions as to whether a previous approval or 
regulatory interpretation issued by FAA per-
sonnel in another office or region is correct or 
incorrect; and 
(C) any other person may submit anony-
mous regulatory interpretation questions. 
(2) Meet on a regular basis to discuss and resolve 
questions submitted under paragraph (1) and the ap-
propriate application of regulations and policy with 
respect to each question. 
(3) Provide to a person that submitted a ques-
tion under subparagraph (A) or subparagraph (B) of 
paragraph (1) an expeditious written response to the 
question. 
(4) Recommend a process to make the resolution 
of common regulatory interpretation questions pub-
licly available to FAA personnel and the public in a 
manner that— 
(A) does not reveal any identifying data of 
the person that submitted a question; and 
(B) protects any proprietary information. 
(5) Ensure that responses to questions under this 
subsection are incorporated into regulatory guidance 
(as defined in section 2233(e)).
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(e) 
PERFORMANCE
METRICS, 
TIMELINES, 
AND 
GOALS.—Not later than 180 days after the date that the 
Advisory Committee recommends performance objectives 
and performance metrics for the FAA and the aviation in-
dustry under paragraphs (8) and (9) of section 2212(c), the 
Administrator, in collaboration with the Advisory Com-
mittee, shall— 
(1) establish performance metrics, timelines, and 
goals to measure the progress of the Board in resolv-
ing regulatory interpretation questions submitted 
under subsection (d)(1); and 
(2) implement a process for tracking the progress 
of the Board in meeting the performance metrics, 
timelines, and goals under paragraph (1). 
SEC. 2235. FLIGHT STANDARDS SERVICE REALIGNMENT 
FEASIBILITY REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator, in consultation 
with relevant industry stakeholders, shall— 
(1) determine the feasibility of realigning flight 
standards service regional field offices to specialized 
areas of aviation safety oversight and technical exper-
tise; and 
(2) submit to the appropriate committees of Con-
gress a report on the findings under paragraph (1).