220 
SEC. 407. CABIN EVACUATION. 
(a) REVIEW.—The Administrator of the Federal Avia-
tion Administration shall review— 
(1) evacuation certification of transport-category 
aircraft used in air transportation, with regard to— 
(A) emergency conditions, including im-
pacts into water; 
(B) crew procedures used for evacuations 
under actual emergency conditions; and 
(C) any relevant changes to passenger de-
mographics and legal requirements (including 
the Americans with Disabilities Act of 1990) 
that affect emergency evacuations; and 
(2) recent accidents and incidents where pas-
sengers evacuated such aircraft. 
(b) CONSULTATION; REVIEW OF DATA.—In conducting 
the review, the Administrator shall— 
(1) consult with the National Transportation 
Safety Board, transport-category aircraft manufac-
turers, air carriers, and other relevant experts and 
Federal agencies, including groups representing pas-
sengers, airline crewmembers, maintenance employees, 
and emergency responders; and 
(2) review relevant data with respect to evacu-
ation certification of transport-category aircraft. 
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(c) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Administrator 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the review and related rec-
ommendations, if any, including any recommendations for 
revisions to the assumptions and methods used for assessing 
evacuation certification of transport-category aircraft. 
SEC. 408. ODA STAFFING AND OVERSIGHT. 
(a) REPORT TO CONGRESS.—Not later than 270 days 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
Administration’s progress with respect to— 
(1) determining what additional model inputs 
and labor distribution codes are needed to identify 
ODA oversight staffing needs prior to and after the 
date of transfer; 
(2) developing and implementing system-based 
evaluation criteria and risk-based tools to aid ODA 
team members in targeting their oversight activities; 
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(3) developing agreements and processes for shar-
ing resources to ensure adequate oversight of ODA 
personnel performing certification and inspection 
work at supplier and company facilities; and 
(4) ensuring full utilization of ODA authority 
prior to and after the date of transfer. 
(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) DATE
OF
TRANSFER.—The term ‘‘date of 
transfer’’ has the meaning given that term in section 
90101(a) of title 49, United States Code, as added by 
this Act. 
(2) ODA.—the term ‘‘ODA’’ has the meaning 
given that term in section 44736 of title 49, United 
States Code, as added by this Act. 
SEC. 409. FUNDING FOR ADDITIONAL SAFETY NEEDS. 
Section 44704 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(f) FUNDING FOR ADDITIONAL SAFETY NEEDS.— 
‘‘(1) 
ACCEPTANCE
OF
APPLICANT-PROVIDED 
FUNDS.—Notwithstanding any other provision of law, 
the Administrator may accept funds from an appli-
cant for a certificate under this section to hire addi-
tional staff or obtain the services of consultants and 
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experts to facilitate the timely processing, review, and 
issuance of certificates under this section. 
‘‘(2) RULES OF CONSTRUCTION.— 
‘‘(A) IN GENERAL.—Nothing in this section 
may be construed as permitting the Adminis-
trator to grant priority or afford any preference 
to an applicant providing funds under para-
graph (1). 
‘‘(B) POLICIES
AND
PROCEDURES.—The 
Administrator shall implement such policies and 
procedures as may be required to ensure that the 
acceptance of funds under paragraph (1) does 
not prejudice the Administrator in the issuance 
of any certificate to an applicant. 
‘‘(3) RECEIPTS CREDITED AS OFFSETTING COL-
LECTIONS.—Notwithstanding section 3302 of title 31, 
any funds accepted under this subsection— 
‘‘(A) shall be credited as offsetting collec-
tions to the account that finances the activities 
and services for which the funds are accepted; 
‘‘(B) shall be available for expenditure only 
to pay the costs of activities and services for 
which the funds are accepted; and 
‘‘(C) shall remain available until ex-
pended.’’. 
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SEC. 410. FUNDING FOR ADDITIONAL FAA LICENSING 
NEEDS. 
(a) IN GENERAL.—Chapter 509 of title 51, United 
States Code, is amended by adding at the end the following: 
‘‘§ 50924. Funding to facilitate FAA licensing 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary of Transportation may accept 
funds from a person applying for a license or permit under 
this chapter to hire additional staff or obtain the services 
of consultants and experts— 
‘‘(1) to facilitate the timely processing, review, 
and issuance of licenses or permits issued under this 
chapter; 
‘‘(2) to conduct environmental activities, studies, 
or reviews associated with such licenses or permits; or 
‘‘(3) to conduct additional activities associated 
with or necessitated by such licenses or permits, in-
cluding pre-application consultation, hazard area de-
termination, or on-site inspection. 
‘‘(b) RULES OF CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Nothing in this section may 
be construed as permitting the Secretary to grant pri-
ority or afford any preference to an applicant pro-
viding funds under subsection (a). 
‘‘(2) POLICIES
AND
PROCEDURES.—The Sec-
retary shall implement such policies and procedures 
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as may be required to ensure that the acceptance of 
funds under subsection (a) does not prejudice the Sec-
retary in the issuance of any license or permit to an 
applicant. 
‘‘(c) RECEIPTS CREDITED AS OFFSETTING COLLEC-
TIONS.—Notwithstanding section 3302 of title 31, any 
funds accepted under this section— 
‘‘(1) shall be credited as offsetting collections to 
the account that finances the activities and services 
for which the funds are accepted; 
‘‘(2) shall be available for expenditure only to 
pay the costs of activities and services for which the 
funds are accepted; and 
‘‘(3) shall remain available until expended.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
509 of title 51, United States Code, is amended by adding 
at the end the following: 
‘‘50924. Funding to facilitate FAA licensing.’’. 
SEC. 411. EMERGENCY MEDICAL EQUIPMENT ON PAS-
SENGER AIRCRAFT. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall evaluate and revise, as ap-
propriate, regulations in part 121 of title 14, Code of Fed-
eral Regulations, regarding emergency medical equipment, 
including the contents of first-aid kits, applicable to all cer-
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tificate holders operating passenger aircraft under that 
part. 
(b) CONSIDERATION.—In carrying out subsection (a), 
the Administrator shall consider whether the minimum con-
tents of approved emergency medical kits, including ap-
proved first-aid kits, include appropriate medications and 
equipment to meet the emergency medical needs of children. 
SEC. 412. HIMS PROGRAM. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall conduct a human intervention motiva-
tion study (HIMS) program for flight crewmembers em-
ployed by commercial air carriers operating in United 
States airspace. 
SEC. 413. ACCEPTANCE OF VOLUNTARILY PROVIDED SAFE-
TY INFORMATION. 
(a) IN GENERAL.—There shall be a presumption that 
an individual’s voluntary disclosure of an operational or 
maintenance issue related to aviation safety under an avia-
tion safety action program meets the criteria for acceptance 
as a valid disclosure under such program. 
(b) DISCLAIMER REQUIRED.—Any dissemination of a 
disclosure that was submitted and accepted under an avia-
tion safety action program pursuant to the presumption 
under subsection (a), but that has not undergone review by 
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an event review committee, shall be accompanied by a dis-
claimer stating that the disclosure— 
(1) has not been reviewed by an event review 
committee tasked with reviewing such disclosures; and 
(2) may subsequently be determined to be ineli-
gible for inclusion in the aviation safety action pro-
gram. 
(c) REJECTION
OF DISCLOSURE.—A disclosure de-
scribed under subsection (a) shall be rejected from an avia-
tion safety action program if, after a review of the disclo-
sure, an event review committee tasked with reviewing such 
disclosures determines that the disclosure fails to meet the 
criteria for acceptance under such program. 
(d) AVIATION SAFETY ACTION PROGRAM DEFINED.— 
In this section, the term ‘‘aviation safety action program’’ 
means a program established in accordance with Federal 
Aviation Administration Advisory Circular 120–66B, 
issued November 15, 2002 (including any similar successor 
advisory circular), to allow an individual to voluntarily 
disclose operational or maintenance issues related to avia-
tion safety. 
SEC. 414. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS 
AND REST REQUIREMENTS. 
(a) MODIFICATION OF FINAL RULE.— 
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(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Secretary of 
Transportation shall modify the final rule of the Fed-
eral Aviation Administration published in the Fed-
eral Register on August 19, 1994 (59 Fed. Reg. 
42974; relating to flight attendant duty period limi-
tations and rest requirements) in accordance with the 
requirements of this subsection. 
(2) CONTENTS.—The final rule, as modified 
under paragraph (1), shall ensure that— 
(A) a flight attendant scheduled to a duty 
period of 14 hours or less is given a scheduled 
rest period of at least 10 consecutive hours; and 
(B) the rest period is not reduced under any 
circumstances. 
(b) FATIGUE RISK MANAGEMENT PLAN.— 
(1) SUBMISSION OF PLAN BY PART 121 AIR CAR-
RIERS.—Not later than 90 days after the date of en-
actment of this Act, each air carrier operating under 
part 121 of title 14, Code of Federal Regulations (in 
this section referred to as a ‘‘part 121 air carrier’’), 
shall submit to the Administrator of the Federal 
Aviation Administration for review and acceptance a 
fatigue risk management plan for the carrier’s flight 
attendants. 
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(2) CONTENTS OF PLAN.—A fatigue risk manage-
ment plan submitted by a part 121 air carrier under 
paragraph (1) shall include the following: 
(A) Current flight time and duty period 
limitations. 
(B) A rest scheme consistent with such limi-
tations that enables the management of flight at-
tendant fatigue, including annual training to 
increase awareness of— 
(i) fatigue; 
(ii) the effects of fatigue on flight at-
tendants; and 
(iii) fatigue countermeasures. 
(C) Development and use of a methodology 
that continually assesses the effectiveness of im-
plementation of the plan, including the ability of 
the plan— 
(i) to improve alertness; and 
(ii) to mitigate performance errors. 
(3) REVIEW.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall 
review and accept or reject each fatigue risk manage-
ment plan submitted under this subsection. If the Ad-
ministrator rejects a plan, the Administrator shall 
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maintenance industry workforce needs and project 
technical worker shortfalls; 
(4) analyze the impact of Federal regulation, in-
cluding Federal Aviation Administration oversight of 
certification, testing, and education programs, on em-
ployment of technical workers in the aviation mainte-
nance industry; 
(5) develop recommendations on how Federal 
Aviation Administration regulations and policies 
could be improved to address aviation maintenance 
industry needs for technical workers; and 
(6) develop recommendations for better coordi-
nating actions by government, educational institu-
tions, and businesses to support workforce growth in 
the aviation maintenance industry. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit 
to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the study. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) AVIATION
MAINTENANCE
INDUSTRY.—The 
term ‘‘aviation maintenance industry’’ means repair 
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stations certificated under part 145 of title 14, Code 
of Federal Regulations. 
(2) TECHNICAL WORKER.—The term ‘‘technical 
worker’’ means an individual authorized under part 
43 of title 14, Code of Federal Regulations, to main-
tain, rebuild, alter, or perform preventive mainte-
nance on an aircraft, airframe, aircraft engine, pro-
peller, appliance, or component part or employed by 
an entity so authorized to perform such a function. 
SEC. 417. CRITICAL AIRFIELD MARKINGS. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Ad-
ministration shall issue a request for proposal for a study 
that includes— 
(1) an independent, third party study to assess 
the durability of Type III and Type I glass beads ap-
plied to critical markings over a 2-year period at not 
fewer than 2 primary airports in varying weather 
conditions to measure the retroflectivity levels of such 
markings on a quarterly basis; and 
(2) a study at 2 other airports carried out by 
applying Type III beads on half of the centerline and 
Type I beads to the other half and providing for as-
sessments from pilots through surveys administered by 
a third party as to the visibility and performance of 
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the Type III glass beads as compared to the Type I 
glass beads over a 1-year period. 
Subtitle B—Unmanned Aircraft 
Systems 
SEC. 431. DEFINITIONS. 
Except as otherwise provided, the definitions contained 
in section 45501 of title 49, United States Code (as added 
by this Act), shall apply to this subtitle. 
SEC. 432. CODIFICATION OF EXISTING LAW; ADDITIONAL 
PROVISIONS. 
(a) IN GENERAL.—Subtitle VII of title 49, United 
States Code, is amended by inserting after chapter 453 the 
following: 
‘‘CHAPTER 455—UNMANNED AIRCRAFT 
SYSTEMS 
‘‘Sec. 
‘‘45501. Definitions. 
‘‘45502. Integration of civil unmanned aircraft systems into national airspace 
system. 
‘‘45503. Risk-based permitting of unmanned aircraft systems. 
‘‘45504. Public unmanned aircraft systems. 
‘‘45505. Special rules for certain unmanned aircraft systems. 
‘‘45506. Certification of new air navigation facilities for unmanned aircraft and 
other aircraft. 
‘‘45507. Special rules for certain UTM and low-altitude CNS. 
‘‘45508. Operation of small unmanned aircraft. 
‘‘45509. Special rules for model aircraft. 
‘‘45510. Carriage of property for compensation or hire. 
‘‘45511. Micro UAS operations. 
‘‘§ 45501. Definitions 
‘‘In this chapter, the following definitions apply: 
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‘‘(1) AERIAL DATA COLLECTION.—The term ‘aer-
ial data collection’ means the gathering of data by a 
device aboard an unmanned aircraft during flight, 
including imagery, sensing, and measurement by such 
device. 
‘‘(2) ARCTIC.—The term ‘Arctic’ means the 
United States zone of the Chukchi Sea, Beaufort Sea, 
and Bering Sea north of the Aleutian chain. 
‘‘(3) CERTIFICATE OF WAIVER; CERTIFICATE OF 
AUTHORIZATION.—The terms ‘certificate of waiver’ 
and ‘certificate of authorization’ mean a Federal 
Aviation Administration grant of approval for a spe-
cific flight operation. 
‘‘(4) CNS.—The term ‘CNS’ means a commu-
nication, navigation, or surveillance system or serv-
ice. 
‘‘(5) MODEL
AIRCRAFT.—the term ‘model air-
craft’ means an unmanned aircraft that is— 
‘‘(A) capable of sustained flight in the at-
mosphere; 
‘‘(B) flown within visual line of sight of the 
person operating the aircraft; and 
‘‘(C) flown for hobby or recreational pur-
poses. 
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‘‘(6) PERMANENT AREAS.—The term ‘permanent 
areas’ means areas on land or water that provide for 
launch, recovery, and operation of small unmanned 
aircraft. 
‘‘(7) PUBLIC
UNMANNED
AIRCRAFT
SYSTEM.— 
The term ‘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)). 
‘‘(8) SENSE-AND-AVOID CAPABILITY.—The term 
‘sense-and-avoid capability’ means the capability of 
an unmanned aircraft to remain a safe distance from 
and to avoid collisions with other airborne aircraft. 
‘‘(9) SMALL
UNMANNED
AIRCRAFT.—The term 
‘small unmanned aircraft’ means an unmanned air-
craft weighing less than 55 pounds, including every-
thing that is on board the aircraft. 
‘‘(10) UNMANNED
AIRCRAFT.—The term ‘un-
manned aircraft’ means an aircraft that is operated 
without the possibility of direct human intervention 
from within or on the aircraft. 
‘‘(11) UNMANNED AIRCRAFT SYSTEM.—The term 
‘unmanned aircraft system’ means an unmanned air-
craft and associated elements (including communica-
tion links and the components that control the un-
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manned aircraft) that are required for the pilot in 
command to operate safely and efficiently in the na-
tional airspace system. 
‘‘(12) UTM.—The term ‘UTM’ means an un-
manned aircraft traffic management system or serv-
ice. 
‘‘§ 45502. Integration of civil unmanned aircraft sys-
tems into national airspace system 
‘‘(a) REQUIRED PLANNING FOR INTEGRATION.— 
‘‘(1) COMPREHENSIVE PLAN.—Not later than No-
vember 10, 2012, the Secretary of Transportation, in 
consultation with representatives of the aviation in-
dustry, Federal agencies that employ unmanned air-
craft systems technology in the national airspace sys-
tem, and the unmanned aircraft systems industry, 
shall develop a comprehensive plan to safely accelerate 
the integration of civil unmanned aircraft systems 
into the national airspace system. 
‘‘(2) CONTENTS
OF
PLAN.—The plan required 
under paragraph (1) shall contain, at a minimum, 
recommendations or projections on— 
‘‘(A) the rulemaking to be conducted under 
subsection (b), with specific recommendations on 
how the rulemaking will— 
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‘‘(i) define the acceptable standards for 
operation and certification of civil un-
manned aircraft systems; 
‘‘(ii) ensure that any civil unmanned 
aircraft system includes a sense-and-avoid 
capability; and 
‘‘(iii) establish standards and require-
ments for the operator and pilot of a civil 
unmanned aircraft system, including stand-
ards and requirements for registration and 
licensing; 
‘‘(B) the best methods to enhance the tech-
nologies and subsystems necessary to achieve the 
safe and routine operation of civil unmanned 
aircraft systems in the national airspace system; 
‘‘(C) a phased-in approach to the integra-
tion of civil unmanned aircraft systems into the 
national airspace system; 
‘‘(D) a timeline for the phased-in approach 
described under subparagraph (C); 
‘‘(E) creation of a safe airspace designation 
for cooperative manned and unmanned flight op-
erations in the national airspace system; 
‘‘(F) establishment of a process to develop 
certification, flight standards, and air traffic re-
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quirements for civil unmanned aircraft systems 
at test ranges where such systems are subject to 
testing; 
‘‘(G) the best methods to ensure the safe op-
eration of civil unmanned aircraft systems and 
public unmanned aircraft systems simulta-
neously in the national airspace system; and 
‘‘(H) incorporation of the plan into the an-
nual NextGen Implementation Plan document 
(or any successor document) of the Federal Avia-
tion Administration. 
‘‘(3) DEADLINE.—The plan required under para-
graph (1) shall provide for the safe integration of civil 
unmanned aircraft systems into the national airspace 
system as soon as practicable, but not later than Sep-
tember 30, 2015. 
‘‘(4) REPORT
TO
CONGRESS.—Not later than 
February 14, 2013, the Secretary shall submit to Con-
gress a copy of the plan required under paragraph 
(1). 
‘‘(5) ROADMAP.—Not later than February 14, 
2013, the Secretary shall approve and make available 
in print and on the Administration’s internet website 
a 5-year roadmap for the introduction of civil un-
manned aircraft systems into the national airspace 
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system, as coordinated by the Unmanned Aircraft 
Program Office of the Administration. The Secretary 
shall update the roadmap annually. 
‘‘(b) RULEMAKING.—Not later than 18 months after 
the date on which the plan required under subsection (a)(1) 
is submitted to Congress under subsection (a)(4), the Sec-
retary shall publish in the Federal Register— 
‘‘(1) a final rule on small unmanned aircraft 
systems that will allow for civil operation of such sys-
tems in the national airspace system, to the extent the 
systems do not meet the requirements for expedited 
operational authorization under section 45508; 
‘‘(2) a notice of proposed rulemaking to imple-
ment the recommendations of the plan required under 
subsection (a)(1), with the final rule to be published 
not later than 16 months after the date of publication 
of the notice; and 
‘‘(3) an update to the Administration’s most re-
cent policy statement on unmanned aircraft systems, 
contained in Docket No. FAA–2006–25714. 
‘‘(c) EXPANDING USE OF UNMANNED AIRCRAFT SYS-
TEMS IN ARCTIC.— 
‘‘(1) IN GENERAL.—Not later than August 12, 
2012, the Secretary shall develop a plan and initiate 
a process to work with relevant Federal agencies and 
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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. The plan for operations in 
these permanent areas shall include the development 
of processes to facilitate the safe operation of un-
manned aircraft beyond line of sight. Such areas shall 
enable over-water flights from the surface to at least 
2,000 feet in altitude, with ingress and egress routes 
from selected coastal launch sites. 
‘‘(2) AGREEMENTS.—To implement the plan 
under paragraph (1), the Secretary may enter into an 
agreement with relevant national and international 
communities. 
‘‘(3) AIRCRAFT
APPROVAL.—Not later than 1 
year after the entry into force of an agreement nec-
essary to effectuate the purposes of this subsection, the 
Secretary shall work with relevant national and 
international communities to establish and implement 
a process, or may apply an applicable process al-
ready established, for approving the use of unmanned 
aircraft in the designated permanent areas in the 
Arctic without regard to whether an unmanned air-
craft is used as a public aircraft, a civil aircraft, or 
a model aircraft. 
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‘‘§ 45503. Risk-based permitting of unmanned aircraft 
systems 
‘‘(a) IN GENERAL.—Not later than 120 days after the 
date of enactment of this section, the Administrator of the 
Federal Aviation Administration shall establish procedures 
for issuing permits under this section with respect to cer-
tain unmanned aircraft systems and operations thereof. 
‘‘(b) PERMITTING STANDARDS.—Upon the submission 
of an application in accordance with subsection (d), the Ad-
ministrator shall issue a permit with respect to the pro-
posed operation of an unmanned aircraft system if the Ad-
ministrator determines that the unmanned aircraft system 
and the proposed operation achieve a level of safety that 
is equivalent to— 
‘‘(1) other unmanned aircraft systems and oper-
ations permitted under regulation, exemption, or 
other authority granted by the Administrator; or 
‘‘(2) any other aircraft operation approved by 
the Administrator with similar risk characteristics or 
profiles. 
‘‘(c) SAFETY CRITERIA FOR CONSIDERATION.—In de-
termining whether a proposed operation meets the stand-
ards described in subsection (b), the Administrator shall 
consider the following safety criteria: 
‘‘(1) The kinetic energy of the unmanned aircraft 
system. 
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‘‘(2) The location of the proposed operation, in-
cluding the proximity to— 
‘‘(A) structures; 
‘‘(B) congested areas; 
‘‘(C) special-use airspace; and 
‘‘(D) persons on the ground. 
‘‘(3) The nature of the operation, including any 
proposed risk mitigation. 
‘‘(4) Any known hazard of the proposed oper-
ation and the severity and likelihood of such hazard. 
‘‘(5) Any known failure modes of the unmanned 
aircraft system, failure mode effects and criticality, 
and any mitigating features or capabilities. 
‘‘(6) The operational history of relevant tech-
nologies, if available. 
‘‘(7) Any history of civil penalties or certificate 
actions by the Administrator against the applicant 
seeking the permit. 
‘‘(8) Any other safety criteria the Administrator 
considers appropriate. 
‘‘(d) APPLICATION.—An application under this section 
shall include evidence that the unmanned aircraft system 
and the proposed operation thereof meet the standards de-
scribed in subsection (b) based on the criteria described in 
subsection (c). 
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‘‘(e) SCOPE OF PERMIT.—A permit issued under this 
section shall— 
‘‘(1) be valid for 5 years; 
‘‘(2) constitute approval of both the airworthi-
ness of the unmanned aircraft system and the pro-
posed operation of such system; 
‘‘(3) be renewable for additional 5-year periods; 
and 
‘‘(4) contain any terms necessary to ensure avia-
tion safety. 
‘‘(f) NOTICE.—Not later than 120 days after the Ad-
ministrator receives a complete application under sub-
section (d), the Administrator shall provide the applicant 
written notice of a decision to approve or disapprove of the 
application or to request a modification of the application 
that is necessary for approval of the application. 
‘‘(g) PERMITTING PROCESS.—The Administrator shall 
issue a permit under this section without regard to sub-
sections (b) through (d) of section 553 of title 5 and chapter 
35 of title 44 if the Administrator determines that the oper-
ation permitted will not occur near a congested area. 
‘‘(h) EXEMPTION FROM CERTAIN REQUIREMENTS.— 
To the extent consistent with aviation safety, the Adminis-
trator may exempt applicants under this section from para-
graphs (1) through (3) of section 44711(a). 
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‘‘(i) WITHDRAWAL.—The Administrator may, at any 
time, modify or withdraw a permit issued under this sec-
tion. 
‘‘(j) APPLICABILITY.—This section shall not apply to 
small unmanned aircraft systems and operations author-
ized by the final rule on small unmanned aircraft systems 
issued pursuant to section 45502(b)(1). 
‘‘(k) EXPEDITED REVIEW.—The Administrator shall 
review and act upon applications under this section on an 
expedited basis for unmanned aircraft systems and oper-
ations thereof to be used primarily in, or primarily in di-
rect support of, emergency preparedness, emergency re-
sponse, or disaster recovery efforts, including efforts in con-
nection with natural disasters and severe weather events. 
‘‘§ 45504. Public unmanned aircraft systems 
‘‘(a) GUIDANCE.—Not later than November 10, 2012, 
the Secretary of Transportation shall issue guidance re-
garding the operation of public unmanned aircraft systems 
to— 
‘‘(1) expedite the issuance of a certificate of au-
thorization process; 
‘‘(2) provide for a collaborative process with pub-
lic agencies to allow for an incremental expansion of 
access to the national airspace system as technology 
matures and the necessary safety analysis and data 
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become available, and until standards are completed 
and technology issues are resolved; 
‘‘(3) 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 unmanned aircraft sys-
tems; and 
‘‘(4) provide guidance on a public entity’s re-
sponsibility when operating an unmanned aircraft 
without a civil airworthiness certificate issued by the 
Administration. 
‘‘(b) STANDARDS
FOR
OPERATION
AND
CERTIFI-
CATION.—Not later than December 31, 2015, the Adminis-
trator shall develop and implement operational and certifi-
cation requirements for the operation of public unmanned 
aircraft systems in the national airspace system. 
‘‘(c) AGREEMENTS WITH GOVERNMENT AGENCIES.— 
‘‘(1) IN
GENERAL.—Not later than May 14, 
2012, the Secretary shall enter into agreements with 
appropriate government agencies to simplify the proc-
ess for issuing certificates of waiver or authorization 
with respect to applications seeking authorization to 
operate public unmanned aircraft systems in the na-
tional airspace system. 
‘‘(2) CONTENTS.—The agreements shall— 
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‘‘(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 within 
60 business days of the date of submission 
of the application; and 
‘‘(iii) allow for an expedited appeal if 
the application is disapproved; 
‘‘(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 unmanned aircraft weighing 4.4 
pounds or less, if operated— 
‘‘(i) within the line of sight of the oper-
ator; 
‘‘(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-
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port, or other location with aviation activi-
ties. 
‘‘§ 45505. Special rules for certain unmanned aircraft 
systems 
‘‘(a) IN GENERAL.—Notwithstanding any other re-
quirement of this subtitle, and not later than August 12, 
2012, the Secretary of Transportation shall determine if 
certain unmanned aircraft systems may operate safely in 
the national airspace system before completion of the plan 
and rulemaking required by section 45502 or the guidance 
required under section 45504. 
‘‘(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 visual line of sight 
do not create a hazard to users of the national air-
space system or the public or pose a threat to na-
tional security; and 
‘‘(2) whether a certificate of waiver, certificate of 
authorization, or airworthiness certification under 
section 44704 is required for the operation of un-
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manned aircraft systems identified under paragraph 
(1). 
‘‘(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. 
‘‘§ 45506. Certification of new air navigation facilities 
for unmanned aircraft and other aircraft 
‘‘(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this section, and notwithstanding sec-
tion 2208 of the FAA Extension, Safety, and Security Act 
of 2016 (49 U.S.C. 40101 note), the Administrator of the 
Federal Aviation Administration shall initiate a rule-
making to establish procedures for issuing air navigation 
facility certificates pursuant to section 44702 to operators 
of— 
‘‘(1) UTM for unmanned aircraft operations that 
occur primarily or exclusively in airspace 400 feet 
above ground level and below; and 
‘‘(2) low-altitude CNS for aircraft operations 
that occur primarily or exclusively in airspace 400 
feet above ground level and below. 
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‘‘(b) MINIMUM REQUIREMENTS.—In issuing a final 
rule pursuant to subsection (a), the Administrator, at a 
minimum, shall provide for the following: 
‘‘(1) CERTIFICATION STANDARDS.—The Adminis-
trator shall issue an air navigation facility certificate 
under the final rule if the Administrator determines 
that a UTM or low-altitude CNS facilitates or im-
proves the safety of unmanned aircraft or other air-
craft operations that occur primarily or exclusively in 
airspace 400 feet above ground level and below, in-
cluding operations conducted under a waiver issued 
pursuant to subpart D of part 107 of title 14, Code 
of Federal Regulations. 
‘‘(2) CRITERIA FOR CONSIDERATION.—In deter-
mining whether a UTM or low-altitude CNS meets 
the standard described in paragraph (1), the Admin-
istrator shall, as appropriate, consider— 
‘‘(A) protection of persons and property on 
the ground; 
‘‘(B) remote identification of aircraft; 
‘‘(C) collision avoidance with respect to ob-
stacles and aircraft; 
‘‘(D) deconfliction of aircraft trajectories; 
‘‘(E) safe and reliable interoperability or 
noninterference with air traffic control and other 
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systems operated in the national airspace sys-
tem; 
‘‘(F) detection of noncooperative aircraft; 
‘‘(G) geographic and local factors; 
‘‘(H) aircraft equipage; and 
‘‘(I) qualifications, if any, necessary to op-
erate the UTM or low-altitude CNS. 
‘‘(3) APPLICATION.—An application for an air 
navigation facility certificate under the final rule 
shall include evidence that the UTM or low-altitude 
CNS meets the standard described in paragraph (1) 
based on the criteria described in paragraph (2). 
‘‘(4) SCOPE
OF
CERTIFICATE.—The Adminis-
trator shall ensure that an air navigation facility cer-
tificate issued under the final rule— 
‘‘(A) constitutes approval of the UTM or 
low-altitude CNS for the duration of the term of 
the certificate; 
‘‘(B) constitutes authorization to operate the 
UTM or low-altitude CNS for the duration of the 
term of the certificate; and 
‘‘(C) contains such limitations and condi-
tions as may be necessary to ensure aviation 
safety. 
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‘‘(5) NOTICE.—Not later than 120 days after the 
Administrator receives a complete application under 
the final rule, the Administrator shall provide the ap-
plicant with a written approval, disapproval, or re-
quest to modify the application. 
‘‘(6) LOW RISK AREAS.—Under the final rule, 
the Administrator shall establish expedited procedures 
for approval of UTM or low-altitude CNS operated 
in— 
‘‘(A) airspace away from congested areas; or 
‘‘(B) other airspace above areas in which 
operations of unmanned aircraft pose very low 
risk. 
‘‘(7) EXEMPTION
FROM
CERTAIN
REQUIRE-
MENTS.—To the extent consistent with aviation safe-
ty, the Administrator may exempt applicants under 
the final rule from requirements under sections 44702, 
44703, and 44711. 
‘‘(8) CERTIFICATE MODIFICATIONS AND REVOCA-
TIONS.—A certificate issued under the final rule may, 
at any time, be modified or revoked by the Adminis-
trator. 
‘‘(c) CONSULTATION.—In carrying out this section, the 
Administrator shall consult with other Federal agencies, as 
appropriate. 
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‘‘§ 45507. Special rules for certain UTM and low-alti-
tude CNS 
‘‘(a) IN GENERAL.—Notwithstanding any other re-
quirement of this chapter, and not later than 120 days after 
the date of enactment of this section, the Secretary of Trans-
portation shall determine if certain UTM and low-altitude 
CNS may operate safely in the national airspace system 
before completion of the rulemaking required by section 
45506. 
‘‘(b) ASSESSMENT
OF
UTM AND
LOW-ALTITUDE 
CNS.—In making the determination under subsection (a), 
the Secretary shall determine, at a minimum, which types 
of UTM and low-altitude CNS, if any, as a result of their 
operational capabilities, reliability, intended use, and areas 
of operation, and the characteristics of the aircraft involved, 
do not create a hazard to users of the national airspace 
system or the public. 
‘‘(c) REQUIREMENTS FOR SAFE OPERATION.—If the 
Secretary determines that certain UTM and low-altitude 
CNS may operate safely in the national airspace system, 
the Secretary shall establish requirements for their safe op-
eration in the national airspace system. 
‘‘(d) EXPEDITED PROCEDURES.—The Secretary shall 
provide expedited procedures for reviewing and approving 
UTM or low-altitude CNS operated to monitor or control 
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aircraft operated primarily or exclusively in airspace 
above— 
‘‘(1) croplands; 
‘‘(2) areas other than congested areas; and 
‘‘(3) other areas in which the operation of un-
manned aircraft poses very low risk. 
‘‘(e) CONSULTATION.—In carrying out this section, the 
Administrator shall consult with other Federal agencies, as 
appropriate. 
‘‘§ 45508. Operation of small unmanned aircraft 
‘‘(a) EXEMPTION AND CERTIFICATE OF WAIVER OR 
AUTHORIZATION
FOR CERTAIN OPERATIONS.—Not later 
than 270 days after the date of enactment of this section, 
the Administrator of the Federal Aviation Administration 
shall establish a procedure for granting an exemption and 
issuing a certificate of waiver or authorization for the oper-
ation of a small unmanned aircraft system in United States 
airspace for the purposes described in section 45501(1). 
‘‘(b) OPERATION OF EXEMPTION AND CERTIFICATE OF 
WAIVER OR AUTHORIZATION.— 
‘‘(1) EXEMPTION.—An exemption granted under 
this section shall— 
‘‘(A) exempt the operator of a small un-
manned aircraft from the provisions of title 14, 
Code of Federal Regulations, that are exempted 
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in Exemption No. 11687, issued on May 26, 
2015, Regulatory Docket Number FAA–2015– 
0117, or in a subsequent exemption; and 
‘‘(B) contain conditions and limitations de-
scribed in paragraphs 3 through 31 of such Ex-
emption No. 11687, or conditions and limita-
tions of a subsequent exemption. 
‘‘(2) CERTIFICATE OF WAIVER OR AUTHORIZA-
TION.—A certificate of waiver or authorization issued 
under this section shall allow the operation of small 
unmanned aircraft according to— 
‘‘(A) the standard provisions and air traffic 
control special provisions of the certificate of 
waiver or authorization FAA Form 7711–1 (7– 
74); or 
‘‘(B) the standard and special provisions of 
a subsequent certificate of waiver or authoriza-
tion. 
‘‘(c) NOTICE TO ADMINISTRATOR.—Before operating a 
small unmanned aircraft pursuant to a certificate of waiver 
or authorization granted under this section, the operator 
shall provide written notice to the Administrator, in a form 
and manner specified by the Administrator, that contains 
such information and assurances as the Administrator de-
termines necessary in the interest of aviation safety and 
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the efficiency of the national airspace system, including a 
certification that the operator has read, understands, and 
will comply with all terms, conditions, and limitations of 
the certificate of waiver or authorization. 
‘‘(d) WAIVER
OF AIRWORTHINESS CERTIFICATE.— 
Notwithstanding section 44711(a)(1), the holder of a certifi-
cate of waiver or authorization granted under this section 
may operate a small unmanned aircraft under the terms, 
conditions, and limitations of such certificate without an 
airworthiness certificate. 
‘‘(e) PROCEDURE.—The granting of an exemption or 
the issuance of a certificate of waiver or authorization, or 
any other action authorized by this section, shall be made 
without regard to— 
‘‘(1) section 553 of title 5; or 
‘‘(2) chapter 35 of title 44. 
‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion may be construed to— 
‘‘(1) affect the issuance of a rule by or any other 
activity of the Secretary of Transportation or the Ad-
ministrator under any other provision of law; or 
‘‘(2) invalidate an exemption or certificate of 
waiver or authorization issued by the Administrator 
before the date of enactment of this section. 
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‘‘(g) EFFECTIVE PERIODS.—An exemption or certifi-
cate of waiver or authorization issued under this section, 
or an amendment of such exemption or certificate, shall 
cease to be valid on the effective date of a final rule on 
small unmanned aircraft systems issued under section 
45502(b)(1). 
‘‘§ 45509. 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 subtitle, the Administrator of 
the Federal Aviation Administration may not promulgate 
any rule or regulation regarding a model aircraft or an 
aircraft being developed as a model aircraft (other than the 
registration of certain model aircraft pursuant to section 
44103), 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 community-based organiza-
tion; 
‘‘(3) the aircraft is limited to not more than 55 
pounds unless otherwise certified through a design, 
construction, inspection, flight test, and operational 
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safety program administered by a community-based 
organization; 
‘‘(4) the aircraft is operated in a manner that 
does not interfere with and gives way to any manned 
aircraft; 
‘‘(5) the aircraft is not operated over or within 
the property of a fixed site facility that operates 
amusement rides available for use by the general pub-
lic or the property extending 500 lateral feet beyond 
the perimeter of such facility unless the operation is 
authorized by the owner of the amusement facility; 
and 
‘‘(6) when flown within 5 miles of an airport, 
the operator of the aircraft provides the airport oper-
ator and the airport air traffic control tower (when 
an air traffic facility is located at the airport) with 
prior notice of the operation (model aircraft operators 
flying from a permanent location within 5 miles of 
an airport should establish a mutually agreed upon 
operating procedure with the airport operator and the 
airport air traffic control tower (when an air traffic 
facility is located at the airport)). 
‘‘(b) COMMERCIAL OPERATION FOR INSTRUCTIONAL OR 
EDUCATIONAL PURPOSES.—A flight of an unmanned air-
craft shall be treated as a flight of a model aircraft for pur-
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poses of subsection (a) (regardless of any compensation, re-
imbursement, or other consideration exchanged or inci-
dental economic benefit gained in the course of planning, 
operating, or supervising the flight), if the flight is— 
‘‘(1) conducted for instructional or educational 
purposes; and 
‘‘(2) operated or supervised by a member of a 
community-based organization recognized pursuant to 
subsection (e). 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit the authority of the Admin-
istrator to pursue enforcement action against persons oper-
ating model aircraft who endanger the safety of the national 
airspace system. 
‘‘(d) COMMUNITY-BASED ORGANIZATION DEFINED.— 
In this section, the term ‘community-based organization’ 
means an entity that— 
‘‘(1) is described in section 501(c)(3) of the In-
ternal Revenue Code of 1986; 
‘‘(2) is exempt from tax under section 501(a) of 
the Internal Revenue Code of 1986; 
‘‘(3) the mission of which is demonstrably the 
furtherance of model aviation; 
‘‘(4) provides a comprehensive set of safety 
guidelines for all aspects of model aviation addressing 
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the assembly and operation of model aircraft and that 
emphasize safe aeromodeling operations within the 
national airspace system and the protection and safe-
ty of individuals and property on the ground; 
‘‘(5) provides programming and support for any 
local charter organizations, affiliates, or clubs; and 
‘‘(6) provides assistance and support in the de-
velopment and operation of locally designated model 
aircraft flying sites. 
‘‘(e) RECOGNITION OF COMMUNITY-BASED ORGANIZA-
TIONS.—Not later than 180 days after the date of enactment 
of this section, the Administrator shall establish, and make 
available to the public, a process for recognizing commu-
nity-based organizations that meet the eligibility criteria 
under subsection (d). 
‘‘§ 45510. Carriage of property for compensation or 
hire 
‘‘(a) IN GENERAL.—Not later than 1 year 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 small UAS air carrier certificate for persons 
that undertake directly, or by lease or other arrange-
ment, the operation of small unmanned aircraft sys-
tems to carry property in air transportation, includ-
ing commercial fleet operations with highly auto-
mated unmanned aircraft systems. The requirements 
to obtain a small UAS air carrier certificate shall— 
‘‘(A) account for the unique characteristics 
of highly automated small unmanned aircraft 
systems; and 
‘‘(B) include only those obligations nec-
essary for the safe operation of small unmanned 
aircraft systems. 
‘‘(2) SMALL
UAS
AIR
CARRIER
CERTIFICATION 
PROCESS.—The Administrator, at the direction of the 
Secretary, shall establish a process for the issuance of 
a small UAS air carrier certificate described in para-
graph (1) that is streamlined, simple, performance- 
based, and risk-based. Such certification process shall 
consider— 
‘‘(A) safety and the mitigation of oper-
ational risks from highly automated small un-
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manned aircraft systems to the safety of other 
aircraft, and persons and property on the 
ground; 
‘‘(B) the safety and reliability of highly 
automated small unmanned aircraft system de-
sign, including technological capabilities and 
operational limitations to mitigate such risks; 
and 
‘‘(C) the competencies and compliance pro-
grams of manufacturers, operators, and compa-
nies that both manufacture and operate small 
unmanned aircraft systems and components. 
‘‘(3) SMALL
UAS
AIR
CARRIER
CLASSIFICA-
TION.—The Secretary shall develop a classification 
system for small unmanned aircraft systems air car-
riers to establish economic authority for the carriage 
of property by small unmanned aircraft systems for 
compensation or hire. Such classification shall only 
require— 
‘‘(A) registration with the Department of 
Transportation; and 
‘‘(B) a valid small UAS air carrier certifi-
cate as described in paragraph (1). 
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‘‘§ 45511. Micro UAS operations 
‘‘(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this section, the Administrator of the 
Federal Aviation Administration shall charter an aviation 
rulemaking advisory committee to develop recommenda-
tions for regulations under which any person may operate 
a micro unmanned aircraft system, the aircraft component 
of which weighs 4.4 pounds or less, including payload, with-
out the person operating the system being required to pass 
any airman certification requirement, including any re-
quirements under section 44703, part 61 of title 14, Code 
of Federal Regulations, or any other rule or regulation re-
lating to airman certification. 
‘‘(b) CONSIDERATIONS.—In developing recommenda-
tions for the operation of micro unmanned aircraft systems 
under subsection (a), the members of the aviation rule-
making advisory committee shall consider rules for oper-
ation of such systems— 
‘‘(1) at an altitude of less than 400 feet above 
ground level; 
‘‘(2) with an airspeed of not greater than 40 
knots; 
‘‘(3) within the visual line of sight of the oper-
ator; 
‘‘(4) during the hours between sunrise and sun-
set; 
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‘‘(5) by an operator who has passed an aero-
nautical knowledge and safety test administered by 
the Federal Aviation Administration online specifi-
cally for the operation of micro unmanned aircraft 
systems, with such test being of a length and dif-
ficulty that acknowledges the reduced operational 
complexity and low risk of micro unmanned aircraft 
systems; 
‘‘(6) not over unprotected persons uninvolved in 
its operation; and 
‘‘(7) at least 5 statute miles from the geographic 
center of a tower-controlled airport or airport denoted 
on a current Federal Aviation Administration-pub-
lished aeronautical chart, except that a micro un-
manned aircraft system may be operated closer than 
5 statute miles to the airport if the operator— 
‘‘(A) provides prior notice to the airport op-
erator; and 
‘‘(B) receives, for a tower-controlled airport, 
prior approval from the air traffic control facil-
ity located at the airport. 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—In developing recommenda-
tions for recommended regulations under subsection 
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(a), the aviation rulemaking advisory committee shall 
consult with— 
‘‘(A) unmanned aircraft systems stake-
holders, including manufacturers of micro un-
manned aircraft systems; 
‘‘(B) community-based aviation organiza-
tions; 
‘‘(C) the Center of Excellence for Unmanned 
Aircraft Systems; and 
‘‘(D) appropriate Federal agencies. 
‘‘(2) FACA.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to an aviation 
rulemaking advisory committee chartered under this 
section. 
‘‘(d) RULEMAKING.—Not later than 180 days after the 
date of receipt of the recommendations under subsection (a), 
the Administrator shall issue regulations incorporating rec-
ommendations of the aviation rulemaking advisory com-
mittee that provide for the operation of micro unmanned 
aircraft systems in the United States— 
‘‘(1) without an airman certificate; and 
‘‘(2) without an airworthiness certificate for the 
associated unmanned aircraft. 
‘‘(e) SCOPE OF REGULATIONS.— 
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‘‘(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 (b), 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 
may be operated safely in the national airspace sys-
tem pursuant to those regulations. 
‘‘(f) 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 (b) 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; or 
‘‘(2) to limit or affect in any way the Adminis-
trator’s authority to conduct a rulemaking, make a 
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determination, or carry out any activity related to 
unmanned aircraft or unmanned aircraft systems 
under any other provision of law.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REPEALS.— 
(A) IN GENERAL.—Sections 332(a), 332(b), 
332(d), 333, 334, and 336 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 
40101 note) are repealed. 
(B) CLERICAL AMENDMENT.—The items re-
lating to sections 333, 334, and 336 of the FAA 
Modernization and Reform Act of 2012 (49 
U.S.C. 40101 note) in the table of contents con-
tained in section 1(b) of that Act are repealed. 
(2) PENALTIES.—Section 46301 of title 49, 
United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (1)(A) by inserting 
‘‘chapter 455,’’ after ‘‘chapter 451,’’; and 
(ii) in paragraph (5)(A)(i) by striking 
‘‘or chapter 451,’’ and inserting ‘‘chapter 
451, chapter 455,’’; 
(B) in subsection (d)(2) by inserting ‘‘chap-
ter 455,’’ after ‘‘chapter 451,’’; and 
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(C) in subsection (f)(1)(A)(i) by striking 
‘‘or chapter 451’’ and inserting ‘‘chapter 451, or 
chapter 455’’. 
(3) CLERICAL
AMENDMENT.—The analysis for 
subtitle VII of title 49, United States Code, is amend-
ed by inserting after the item relating to chapter 453 
the following: 
‘‘455. Unmanned aircraft systems ...................................................45501’’. 
SEC. 433. UNMANNED AIRCRAFT TEST RANGES. 
(a) EXTENSION OF PROGRAM.—Section 332(c)(1) of 
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 
40101 note) is amended by striking ‘‘September 30, 2019’’ 
and inserting ‘‘the date that is 6 years after the date of 
enactment of the 21st Century AIRR Act’’. 
(b) SENSE-AND-AVOID AND BEYOND LINE OF SIGHT 
SYSTEMS AT TEST RANGES.— 
(1) IN GENERAL.—To the extent consistent with 
aviation safety, the Administrator of the Federal 
Aviation Administration shall permit and encourage 
flights of unmanned aircraft equipped with sense-and- 
avoid and beyond line of sight systems at the 6 test 
ranges designated under section 332(c) of the FAA 
Modernization and Reform Act of 2012. 
(2) WAIVERS.—In carrying out paragraph (1), 
the Administrator may waive the requirements of sec-
tion 44711 of title 49, United States Code, including 
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related regulations, to the extent consistent with avia-
tion safety. 
(c) TEST RANGE DEFINED.—In this section, the term 
‘‘test range’’ means a defined geographic area where re-
search and development are conducted. 
SEC. 434. SENSE OF CONGRESS REGARDING UNMANNED 
AIRCRAFT SAFETY. 
It is the sense of Congress that— 
(1) the unauthorized operation of unmanned air-
craft near airports presents a serious hazard to avia-
tion safety; 
(2) a collision between an unmanned aircraft 
and a conventional aircraft in flight could jeopardize 
the safety of persons aboard the aircraft and on the 
ground; 
(3) Federal aviation regulations, including sec-
tions 91.126 through 91.131 of title 14, Code of Fed-
eral Regulations, prohibit unauthorized operation of 
an aircraft in controlled airspace near an airport; 
(4) Federal aviation regulations, including sec-
tion 91.13 of title 14, Code of Federal Regulations, 
prohibit the operation of an aircraft in a careless or 
reckless manner so as to endanger the life or property 
of another; 
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(5) the Administrator of the Federal Aviation 
Administration should pursue all available civil and 
administrative remedies available to the Adminis-
trator, including referrals to other government agen-
cies for criminal investigations, with respect to per-
sons who operate unmanned aircraft in an unauthor-
ized manner; 
(6) the Administrator should place particular 
priority on continuing measures, including partner-
ships with nongovernmental organizations, to educate 
the public about the dangers to the public safety of 
operating unmanned aircraft near airports without 
the appropriate approvals or authorizations; and 
(7) manufacturers and retail sellers of small un-
manned aircraft systems should take steps to educate 
consumers about the safe and lawful operation of such 
systems. 
SEC. 435. UAS PRIVACY REVIEW. 
(a) REVIEW.—The Secretary of Transportation, in 
consultation with the heads of appropriate Federal agencies, 
appropriate State and local officials, and subject-matter ex-
perts and in consideration of relevant efforts led by the Na-
tional Telecommunications and Information Administra-
tion, shall carry out a review to identify any potential re-
duction of privacy specifically caused by the integration of 
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unmanned aircraft systems into the national airspace sys-
tem. 
(b) CONSULTATION.—In carrying out the review, the 
Secretary shall consult with the National Telecommuni-
cations and Information Administration of the Department 
of Commerce on its ongoing efforts responsive to the Presi-
dential memorandum titled ‘‘Promoting Economic Com-
petitiveness While Safeguarding Privacy, Civil Rights, and 
Civil Liberties in Domestic Use of Unmanned Aircraft Sys-
tems’’ and dated February 15, 2015. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the review required under subsection (a). 
SEC. 436. PUBLIC UAS OPERATIONS BY TRIBAL GOVERN-
MENTS. 
(a) PUBLIC UAS OPERATIONS BY TRIBAL GOVERN-
MENTS.—Section 40102(a)(41) of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(F) An unmanned aircraft that is owned 
and operated by, or exclusively leased for at least 
90 continuous days by, an Indian Tribal govern-
ment, as defined in section 102 of the Robert T. 
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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) of 
title 49, United States Code, is amended by striking ‘‘or 
(D)’’ and inserting ‘‘(D), or (F)’’. 
SEC. 437. EVALUATION OF AIRCRAFT REGISTRATION FOR 
SMALL UNMANNED AIRCRAFT. 
(a) METRICS.—Beginning not later than 180 days 
after the date of enactment of this Act, the Administrator 
of the Federal Aviation Administration shall develop and 
track metrics to assess compliance with and effectiveness of 
the registration of small unmanned aircraft systems by the 
Federal Aviation Administration pursuant to the interim 
final rule issued on December 16, 2015, entitled ‘‘Registra-
tion and Marking Requirements for Small Unmanned Air-
craft’’ (80 Fed. Reg. 78593) and any subsequent final rule, 
including metrics with respect to— 
(1) the levels of compliance with the interim 
final rule and any subsequent final rule; 
(2) the number of enforcement actions taken by 
the Administration for violations of or noncompliance 
with the interim final rule and any subsequent final 
rule, together with a description of the actions; and 
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(3) the effect of the interim final rule and any 
subsequent final rule on compliance with any fees as-
sociated with the use of small unmanned aircraft sys-
tems. 
(b) EVALUATION.—The Inspector General of the De-
partment of Transportation shall evaluate— 
(1) the Administration’s progress in developing 
and tracking the metrics set forth in subsection (a); 
and 
(2) the reliability, effectiveness, and efficiency of 
the Administration’s registration program for small 
unmanned aircraft. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Inspector General of the Depart-
ment of Transportation shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing— 
(1) the results of the evaluation required under 
subsection (b); and 
(2) recommendations to the Administrator and 
Congress for improvements to the registration process 
for small unmanned aircraft. 
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SEC. 438. STUDY ON ROLES OF GOVERNMENTS RELATING 
TO LOW-ALTITUDE OPERATION OF SMALL UN-
MANNED AIRCRAFT. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Inspector General of the 
Department of Transportation shall initiate a study on— 
(1) the regulation and oversight of the low-alti-
tude operations of small unmanned aircraft and 
small unmanned aircraft systems; and 
(2) the appropriate roles and responsibilities of 
Federal, State, local, and Tribal governments in regu-
lating and overseeing the operations of small un-
manned aircraft in airspace 400 feet above ground 
level and below. 
(b) CONSIDERATIONS.—In carrying out the study, the 
Inspector General shall consider, at a minimum— 
(1) the recommendations of Task Group 1 of the 
Drone Advisory Committee chartered by the Federal 
Aviation Administration on August 31, 2016; 
(2) the legal and policy requirements necessary 
for the safe and financially viable development and 
growth of the unmanned aircraft industry; 
(3) the interests of Federal, State, local, and 
Tribal governments affected by low-altitude oper-
ations of small unmanned aircraft; 
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(4) the existing authorities of Federal, State, 
local, and Tribal governments to protect the interests 
referenced in paragraph (3); 
(5) the degree of regulatory consistency required 
for the safe and financially viable growth and devel-
opment of the unmanned aircraft industry; 
(6) the degree of local variance possible among 
regulations consistent with the safe and financially 
viable growth and development of the unmanned air-
craft industry; 
(7) the appropriate roles of State, local, and 
Tribal governments in regulating the operations of 
small unmanned aircraft within the lateral bound-
aries of their jurisdiction in the categories of airspace 
described in subsection (a)(2); 
(8) the subjects and types of regulatory authority 
that should remain with the Federal Government; 
(9) the infrastructure requirements necessary for 
monitoring the low-altitude operations of small un-
manned aircraft and enforcing applicable laws; 
(10) the number of small businesses involved in 
the various sectors of the unmanned aircraft industry 
and operating as primary users of small unmanned 
aircraft; and 
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(11) any best practices, lessons learned, or poli-
cies of jurisdictions outside the United States relating 
to local or regional regulation and oversight of small 
unmanned aircraft and other emergent technologies. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after initiating the study, the Inspector General shall sub-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the study. 
SEC. 439. STUDY ON FINANCING OF UNMANNED AIRCRAFT 
SERVICES. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Comptroller General of 
the United States shall initiate a study on appropriate fee 
mechanisms to recover the costs of— 
(1) the regulation and safety oversight of un-
manned aircraft and unmanned aircraft systems; and 
(2) the provision of air navigation services to 
unmanned aircraft and unmanned aircraft systems. 
(b) CONSIDERATIONS.—In carrying out the study, the 
Comptroller General shall consider, at a minimum— 
(1) the recommendations of Task Group 3 of the 
Drone Advisory Committee chartered by the Federal 
Aviation Administration on August 31, 2016; 
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(2) the total annual costs incurred by the Fed-
eral Aviation Administration for the regulation and 
safety oversight of activities related to unmanned air-
craft; 
(3) the annual costs attributable to various 
types, classes, and categories of unmanned aircraft 
activities; 
(4) air traffic services provided to unmanned 
aircraft operating under instrument flight rules, ex-
cluding public aircraft; 
(5) the number of full-time Federal Aviation Ad-
ministration employees dedicated to unmanned air-
craft programs; 
(6) the use of privately operated UTM and other 
privately operated unmanned aircraft systems; 
(7) the projected growth of unmanned aircraft 
operations for various applications and the estimated 
need for regulation, oversight, and other services; 
(8) the number of small businesses involved in 
the various sectors of the unmanned aircraft industry 
and operating as primary users of unmanned air-
craft; and 
(9) any best practices or policies utilized by ju-
risdictions outside the United States relating to par-
tial or total recovery of regulation and safety over-
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sight costs related to unmanned aircraft and other 
emergent technologies. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after initiating the study, the Comptroller General shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a re-
port containing recommendations on appropriate fee mech-
anisms to recover the costs of regulating and providing air 
navigation services to unmanned aircraft and unmanned 
aircraft systems. 
SEC. 440. UPDATE OF FAA COMPREHENSIVE PLAN. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall update the comprehensive plan required by sec-
tion 332 of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 40101 note) to develop a concept of operations 
for the integration of unmanned aircraft into the national 
airspace system. 
(b) CONSIDERATIONS.—In carrying out the update, the 
Secretary shall consider, at a minimum— 
(1) the potential use of UTM and other tech-
nologies to ensure the safe and lawful operation of un-
manned aircraft in the national airspace system; 
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(2) the appropriate roles, responsibilities, and 
authorities of government agencies and the private 
sector in identifying and reporting unlawful or harm-
ful operations and operators of unmanned aircraft; 
(3) the use of models, threat assessments, prob-
abilities, and other methods to distinguish between 
lawful and unlawful operations of unmanned air-
craft; and 
(4) appropriate systems, training, intergovern-
mental processes, protocols, and procedures to miti-
gate risks and hazards posed by unlawful or harmful 
operations of unmanned aircraft systems. 
(c) CONSULTATION.—The Secretary shall carry out the 
update in consultation with representatives of the aviation 
industry, Federal agencies that employ unmanned aircraft 
systems technology in the national airspace system, and the 
unmanned aircraft systems industry. 
SEC. 441. COOPERATION RELATED TO CERTAIN COUNTER- 
UAS TECHNOLOGY. 
In matters relating to the use of systems in the na-
tional airspace system intended to mitigate threats posed 
by errant or hostile unmanned aircraft system operations, 
the Secretary of Transportation shall consult with the Sec-
retary of Defense to streamline deployment of such systems 
by drawing upon the expertise and experience of the De-
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partment of Defense in acquiring and operating such sys-
tems consistent with the safe and efficient operation of the 
national airspace system. 
TITLE V—AIR SERVICE 
IMPROVEMENTS 
Subtitle A—Airline Customer 
Service Improvements 
SEC. 501. RELIABLE AIR SERVICE IN AMERICAN SAMOA. 
Section 40109(g) of title 49, United States Code, is 
amended— 
(1) in paragraph (2) by striking subparagraph 
(C) and inserting the following: 
‘‘(C) review the exemption at least every 30 days 
(or, in the case of an exemption that is necessary to 
provide and sustain air transportation in American 
Samoa between the islands of Tutuila and Manu’a, at 
least every 180 days) to ensure that the unusual cir-
cumstances that established the need for the exemption 
still exist.’’; and 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) RENEWAL OF EXEMPTIONS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary may renew an 
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exemption (including renewals) under this sub-
section for not more than 30 days. 
‘‘(B) 
EXCEPTION.—The 
Secretary 
may 
renew an exemption (including renewals) under 
this subsection that is necessary to provide and 
sustain air transportation in American Samoa 
between the islands of Tutuila and Manu’a for 
not more than 180 days. 
‘‘(4) CONTINUATION
OF
EXEMPTIONS.—An ex-
emption granted by the Secretary under this sub-
section may continue for not more than 5 days after 
the unusual circumstances that established the need 
for the exemption cease.’’. 
SEC. 502. CELL PHONE VOICE COMMUNICATION BAN. 
(a) IN GENERAL.—Subchapter I of chapter 417 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 41725. Prohibition on certain cell phone voice com-
munications 
‘‘(a) PROHIBITION.—The Secretary of Transportation 
shall issue regulations— 
‘‘(1) to prohibit an individual on an aircraft 
from engaging in voice communications using a mo-
bile communications device during a flight of that 
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aircraft in scheduled passenger interstate or intra-
state air transportation; and 
‘‘(2) that exempt from the prohibition described 
in paragraph (1) any— 
‘‘(A) member of the flight crew on duty on 
an aircraft; 
‘‘(B) flight attendant on duty on an air-
craft; and 
‘‘(C) Federal law enforcement officer acting 
in an official capacity. 
‘‘(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) FLIGHT.—The term ‘flight’ means, with re-
spect to an aircraft, the period beginning when the 
aircraft takes off and ending when the aircraft lands. 
‘‘(2) MOBILE COMMUNICATIONS DEVICE.— 
‘‘(A) IN GENERAL.—The term ‘mobile com-
munications device’ means any portable wireless 
telecommunications equipment utilized for the 
transmission or reception of voice data. 
‘‘(B) LIMITATION.—The term ‘mobile com-
munications device’ does not include a phone in-
stalled on an aircraft.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chapter 
417 of title 49, United States Code, is amended by inserting 
after the item relating to section 41724 the following: 
‘‘41725. Prohibition on certain cell phone voice communications.’’. 
SEC. 503. ADVISORY COMMITTEE FOR AVIATION CONSUMER 
PROTECTION. 
Section 411 of the FAA Modernization and Reform Act 
of 2012 (49 U.S.C. 42301 prec. note) is amended— 
(1) in subsection (b)— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) independent distributors of travel;’’; 
(2) in subsection (g) by striking ‘‘first 2 calendar 
years’’ and inserting ‘‘first 6 calendar years’’; and 
(3) in subsection (h) by striking ‘‘September 30, 
2017’’ and inserting ‘‘September 30, 2023’’. 
SEC. 504. IMPROVED NOTIFICATION OF INSECTICIDE USE. 
Section 42303(b) of title 49, United States Code, is 
amended to read as follows: 
‘‘(b) REQUIRED DISCLOSURES.—An air carrier, for-
eign air carrier, or ticket agent selling, in the United 
States, a ticket for a flight in foreign air transportation 
to a country listed on the internet website established under 
subsection (a) shall— 
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‘‘(1) disclose, on its own internet website or 
through other means, that the destination country 
may require the air carrier or foreign air carrier to 
treat an aircraft passenger cabin with insecticides 
prior to the flight or to apply an aerosol insecticide 
in an aircraft cabin used for such a flight when the 
cabin is occupied with passengers; and 
‘‘(2) refer the purchaser of the ticket to the inter-
net website established under subsection (a) for addi-
tional information.’’. 
SEC. 505. ADVERTISEMENTS AND DISCLOSURE OF FEES 
FOR PASSENGER AIR TRANSPORTATION. 
(a) FULL FARE ADVERTISING.— 
(1) IN
GENERAL.—Section 41712 of title 49, 
United States Code, is amended by adding at the end 
the following: 
‘‘(d) FULL FARE ADVERTISING.— 
‘‘(1) IN GENERAL.—It shall not be an unfair or 
deceptive practice under subsection (a) for a covered 
entity to state in an advertisement or solicitation for 
passenger air transportation the base airfare for the 
air transportation if the covered entity clearly and 
separately discloses— 
‘‘(A) the government-imposed fees and taxes 
associated with the air transportation; and 
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285 
‘‘(B) the total cost of the air transportation. 
‘‘(2) FORM OF DISCLOSURE.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the information described in para-
graphs (1)(A) and (1)(B) shall be disclosed in 
the advertisement or solicitation in a manner 
that clearly presents the information to the con-
sumer. 
‘‘(B) INTERNET ADVERTISEMENTS AND SO-
LICITATIONS.—For purposes of paragraph (1), 
with respect to an advertisement or solicitation 
for passenger air transportation that appears on 
an internet website or a mobile application, the 
information described in paragraphs (1)(A) and 
(1)(B) may be disclosed through a link or pop- 
up, as such terms may be defined by the Sec-
retary, that displays the information in a man-
ner that is easily accessible and viewable by the 
consumer. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) BASE AIRFARE.—The term ‘base air-
fare’ means the cost of passenger air transpor-
tation, excluding government-imposed fees and 
taxes. 
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286 
‘‘(B) COVERED ENTITY.—The term ‘covered 
entity’ means an air carrier, including an indi-
rect air carrier, foreign air carrier, ticket agent, 
or other person offering to sell tickets for pas-
senger air transportation or a tour or tour com-
ponent that must be purchased with air trans-
portation.’’. 
(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in the amendment made by para-
graph (1) may be construed to affect any obligation 
of a person that sells air transportation to disclose the 
total cost of the air transportation, including govern-
ment-imposed fees and taxes, prior to purchase of the 
air transportation. 
(3) REGULATIONS.—Not later than 120 days 
after the date of enactment of this Act, the Secretary 
of Transportation shall issue final regulations to 
carry out the amendment made by paragraph (1). 
(4) EFFECTIVE DATE.—This subsection, and the 
amendments made by this subsection, shall take effect 
on the earlier of— 
(A) the effective date of regulations issued 
under paragraph (3); and 
(B) the date that is 180 days after the date 
of enactment of this Act. 
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287 
(b) DISCLOSURE OF FEES.—Section 41712 of title 49, 
United States Code, as amended by this section, is further 
amended by adding at the end the following: 
‘‘(e) DISCLOSURE OF FEES.— 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice under subsection (a) for any air car-
rier, foreign air carrier, or ticket agent to fail to in-
clude, in an internet fare quotation for a specific 
itinerary in air transportation selected by a con-
sumer— 
‘‘(A) a clear and prominent statement that 
additional fees for checked baggage and carry-on 
baggage may apply; and 
‘‘(B) a prominent link that connects di-
rectly to a list of all such fees. 
‘‘(2) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to derogate or limit any re-
sponsibilities of an air carrier, foreign air carrier, or 
ticket agent under section 399.85 of title 14, Code of 
Federal Regulations, or any successor provision.’’. 
SEC. 506. INVOLUNTARILY BUMPING PASSENGERS AFTER 
AIRCRAFT BOARDED. 
Section 41712 of title 49, United States Code, as 
amended by this Act, is further amended by adding at the 
end the following: 
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288 
‘‘(f) INVOLUNTARILY DENIED BOARDING AFTER AIR-
CRAFT BOARDED.— 
‘‘(1) IN GENERAL.—It shall be an unfair or de-
ceptive practice under subsection (a) for an air car-
rier or foreign air carrier subject to part 250 of title 
14, Code of Federal Regulations, to involuntarily 
deplane a revenue passenger onboard an aircraft, if 
the revenue passenger— 
‘‘(A) is traveling on a confirmed reserva-
tion; and 
‘‘(B) checked-in for the relevant flight prior 
to the check-in deadline. 
‘‘(2) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to limit the authority of an 
air carrier, foreign air carrier, or airman to remove 
a passenger in accordance with— 
‘‘(A) section 91.3, 121.533(d), or 121.580 of 
title 14, Code of Federal Regulations, or any suc-
cessor provision; or 
‘‘(B) any other applicable Federal, State, or 
local law.’’. 
SEC. 507. AVAILABILITY OF CONSUMER RIGHTS INFORMA-
TION. 
Section 42302(b) of title 49, United States Code, is 
amended— 
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(A) Each relevant Federal agency, as deter-
mined by the Secretary. 
(B) Air ambulance operators. 
(C) State insurance regulators. 
(D) Health insurance providers. 
(E) Consumer groups. 
(c) RECOMMENDATIONS.—The advisory committee 
shall make recommendations with respect to each of the fol-
lowing: 
(1) Cost-allocation methodologies needed to en-
sure that charges for air transportation services are 
separated from charges for non-air transportation 
services. 
(2) Cost- or price-allocation methodologies to 
prevent commingling of charges for air transportation 
services and charges for non-air transportation serv-
ices in bills and invoices. 
(3) Formats for bills and invoices to ensure that 
customers and State insurance regulators can clearly 
distinguish between charges for air transportation 
services and charges for non-air transportation serv-
ices. 
(4) Data or industry references related to air-
craft operating costs to be used in determining the 
proper allocation of charges for air transportation 
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