178 
ance and validation of foreign-certified products by 
the FAA. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report that— 
(1) describes the FAA’s strategic plan for inter-
national engagement; 
(2) describes the structure and responsibilities of 
all FAA offices that have international responsibil-
ities, including the Aircraft Certification Office, and 
all the activities conducted by those offices related to 
certification and production; 
(3) describes current and forecasted staffing and 
travel needs for the FAA’s international engagement 
activities, including the needs of the Aircraft Certifi-
cation Office in the current and forecasted budgetary 
environment; 
(4) provides recommendations, if appropriate, to 
improve the existing structure and personnel and 
travel policies supporting the FAA’s international en-
gagement activities, including the activities of the 
Aviation Certification Office, to better support the 
growth of United States aerospace exports; and 
(5) identifies cost-effective policy initiatives, reg-
ulatory initiatives, or legislative initiatives needed to
179 
improve and enhance the timely acceptance of United 
States aerospace products abroad. 
(c) INTERNATIONAL TRAVEL.—The Administrator, or 
the Administrator’s designee, may authorize international 
travel for any FAA employee, without the approval of any 
other person or entity, if the Administrator determines that 
the travel is necessary— 
(1) to promote United States aerospace safety 
standards; or 
(2) to support expedited acceptance of FAA de-
sign and production approvals. 
SEC. 244. REGISTRATION, CERTIFICATION, AND RELATED 
FEES. 
Section 45305 of title 49, United States Code, is 
amended— 
(1) in subsection (a) by striking ‘‘Subject to sub-
section (b)’’ and inserting ‘‘Subject to subsection (c)’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) CERTIFICATION SERVICES.—Subject to subsection 
(c), and notwithstanding section 45301(a), the Adminis-
trator may establish and collect a fee from a foreign govern-
180 
ment or entity for services related to certification, regardless 
of where the services are provided, if the fee— 
‘‘(1) is established and collected in a manner 
consistent with aviation safety agreements; and 
‘‘(2) does not exceed the estimated costs of the 
services.’’. 
TITLE III—SAFETY 
Subtitle A—General Provisions 
SEC. 301. DEFINITIONS. 
In this title, the following definitions apply: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the FAA. 
(2) FAA.—The term ‘‘FAA’’ means the Federal 
Aviation Administration. 
SEC. 302. FAA TECHNICAL TRAINING. 
(a) E-LEARNING TRAINING PILOT PROGRAM.—Not 
later than 90 days after the date of enactment of this Act, 
the Administrator, in collaboration with the exclusive bar-
gaining representatives of covered FAA personnel, shall es-
tablish an e-learning training pilot program in accordance 
with the requirements of this section. 
(b) CURRICULUM.—The pilot program shall— 
(1) include a recurrent training curriculum for 
covered FAA personnel to ensure that the covered FAA
181 
personnel receive instruction on the latest aviation 
technologies, processes, and procedures; 
(2) focus on providing specialized technical 
training for covered FAA personnel, as determined 
necessary by the Administrator; 
(3) include training courses on applicable regu-
lations of the Federal Aviation Administration; and 
(4) consider the efficacy of instructor-led online 
training. 
(c) PILOT PROGRAM TERMINATION.—The pilot pro-
gram shall terminate 1 year after the date of establishment 
of the pilot program. 
(d) E-LEARNING TRAINING PROGRAM.—Upon termi-
nation of the pilot program, the Administrator shall assess 
and establish or update an e-learning training program 
that incorporates lessons learned for covered FAA personnel 
as a result of the pilot program. 
(e) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) COVERED FAA PERSONNEL.—The term ‘‘cov-
ered FAA personnel’’ means airway transportation 
systems specialists and aviation safety inspectors of 
the Federal Aviation Administration. 
(2) E-LEARNING TRAINING.—The term ‘‘e-learn-
ing training’’ means learning utilizing electronic
182 
technologies to access educational curriculum outside 
of a traditional classroom. 
SEC. 303. SAFETY CRITICAL STAFFING. 
(a) UPDATE OF FAA’S SAFETY CRITICAL STAFFING 
MODEL.—Not later than 270 days after the date of enact-
ment of this Act, the Administrator shall update the safety 
critical staffing model of the Administration to determine 
the number of aviation safety inspectors that will be needed 
to fulfill the safety oversight mission of the Administration. 
(b) AUDIT BY DOT INSPECTOR GENERAL.— 
(1) IN GENERAL.—Not later than 90 days after 
the date on which the Administrator has updated the 
safety critical staffing model under subsection (a), the 
Inspector General of the Department of Transpor-
tation shall conduct an audit of the staffing model. 
(2) CONTENTS.—The audit shall include, at a 
minimum— 
(A) a review of the assumptions and meth-
odologies used in devising and implementing the 
staffing model to assess the adequacy of the staff-
ing model in predicting the number of aviation 
safety inspectors needed— 
(i) to properly fulfill the mission of the 
Administration; and
183 
(ii) to meet the future growth of the 
aviation industry; and 
(B) a determination on whether the staffing 
model takes into account the Administration’s 
authority to fully utilize designees. 
(3) REPORT ON AUDIT.— 
(A) REPORT
TO
SECRETARY.—Not later 
than 30 days after the date of completion of the 
audit, the Inspector General shall submit to the 
Secretary a report on the results of the audit. 
(B) REPORT TO CONGRESS.—Not later than 
60 days after the date of receipt of the report, the 
Secretary shall submit to the appropriate com-
mittees of Congress a copy of the report, together 
with, if appropriate, a description of any actions 
taken or to be taken to address the results of the 
audit. 
SEC. 304. INTERNATIONAL EFFORTS REGARDING TRACKING 
OF CIVIL AIRCRAFT. 
The Administrator shall exercise leadership on cre-
ating a global approach to improving aircraft tracking by 
working with— 
(1) foreign counterparts of the Administrator in 
the International Civil Aviation Organization and its 
subsidiary organizations;
184 
(2) other international organizations and fora; 
and 
(3) the private sector. 
SEC. 305. AIRCRAFT DATA ACCESS AND RETRIEVAL SYS-
TEMS. 
(a) ASSESSMENT.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall ini-
tiate an assessment of aircraft data access and retrieval sys-
tems for part 121 air carrier aircraft that are used in ex-
tended overwater operations to— 
(1) determine if the systems provide improved 
access and retrieval of aircraft data and cockpit voice 
recordings in the event of an aircraft accident; and 
(2) assess the cost effectiveness of each system as-
sessed. 
(b) SYSTEMS TO BE EXAMINED.—The systems to be 
examined under this section shall include, at a minimum— 
(1) various methods for improving detection and 
retrieval of flight data, including— 
(A) low-frequency underwater locating de-
vices; and 
(B) extended battery life for underwater lo-
cating devices; 
(2) automatic deployable flight recorders; 
(3) emergency locator transmitters;
185 
(4) triggered transmission of flight data and 
other satellite-based solutions; 
(5) distress-mode tracking; and 
(6) protections against disabling flight recorder 
systems. 
(c) REPORT.—Not later than 1 year after the date of 
initiation of the assessment, the Administrator shall submit 
to the appropriate committees of Congress a report on the 
results of the assessment. 
(d) PART 121 AIR CARRIER DEFINED.—In this sec-
tion, the term ‘‘part 121 air carrier’’ means an air carrier 
with authority to conduct operations under part 121 of title 
14, Code of Federal Regulations. 
SEC. 306. ADVANCED COCKPIT DISPLAYS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall ini-
tiate a review of heads-up display systems, heads-down dis-
play systems employing synthetic vision systems, and en-
hanced vision systems (in this section referred to as ‘‘HUD 
systems’’, ‘‘SVS’’, and ‘‘EVS’’, respectively). 
(b) CONTENTS.—The review shall— 
(1) evaluate the impacts of single- and dual-in-
stalled HUD systems, SVS, and EVS on the safety 
and efficiency of aircraft operations within the na-
tional airspace system; and
186 
(2) review a sufficient quantity of commercial 
aviation accidents or incidents in order to evaluate if 
HUD systems, SVS, or EVS would have produced a 
better outcome in each accident or incident. 
(c) CONSULTATION.—In conducting the review, the Ad-
ministrator shall consult with aviation manufacturers, rep-
resentatives of pilot groups, aviation safety organizations, 
and any government agencies the Administrator considers 
appropriate. 
(d) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report containing 
the results of the review, the actions the Administrator 
plans to take with respect to the systems reviewed, and the 
associated timeline for such actions. 
SEC. 307. 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 shall evaluate 
and revise, as appropriate, regulations in part 121 of title 
14, Code of Federal Regulations, regarding emergency med-
ical equipment, including the contents of first-aid kits, ap-
plicable to all certificate holders operating passenger air-
craft under that part.
187 
(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 
and pregnant women. 
SEC. 308. FAA AND NTSB REVIEW OF GENERAL AVIATION 
SAFETY. 
(a) STUDY REQUIRED.—Not later than 30 days after 
the date of enactment of this Act, the Administrator, in co-
ordination with the Chairman of the National Transpor-
tation Safety Board, shall initiate a study of general avia-
tion safety. 
(b) STUDY CONTENTS.—The study required under sub-
section (a) shall include— 
(1) a review of all general aviation accidents 
since 2000, including a review of— 
(A) the number of such accidents; 
(B) the number of injuries and fatalities, 
including with respect to both occupants of air-
craft and individuals on the ground, as a result 
of such accidents; 
(C) the number of such accidents inves-
tigated by the National Transportation Safety 
Board;
188 
(D) the number of such accidents inves-
tigated by the FAA; and 
(E) a summary of the factual findings and 
probable cause determinations with respect to 
such accidents; 
(2) an assessment of the most common probable 
cause determinations issued for general aviation acci-
dents since 2000; 
(3) an assessment of the most common facts ana-
lyzed by the FAA and the National Transportation 
Safety Board in the course of investigations of general 
aviation accidents since 2000, including operational 
details; 
(4) a review of the safety recommendations of the 
National Transportation Safety Board related to gen-
eral aviation accidents since 2000; 
(5) an assessment of the responses of the FAA 
and the general aviation community to the safety rec-
ommendations of the National Transportation Safety 
Board related to general aviation accidents since 
2000; 
(6) an assessment of the most common general 
aviation safety issues;
189 
(7) a review of the total costs to the Federal Gov-
ernment to conduct investigations of general aviation 
accidents over the last 10 years; and 
(8) other matters the Administrator or the 
Chairman considers appropriate. 
(c) RECOMMENDATIONS AND ACTIONS TO ADDRESS 
GENERAL AVIATION SAFETY.—Based on the results of the 
study required under subsection (a), the Administrator, in 
consultation with the Chairman, shall make such rec-
ommendations, including with respect to regulations and 
enforcement activities, as the Administrator considers nec-
essary to— 
(1) address general aviation safety issues identi-
fied under the study; 
(2) protect persons and property on the ground; 
and 
(3) improve the safety of general aviation opera-
tors in the United States. 
(d) AUTHORITY.—Notwithstanding any other provi-
sion of law, the Administrator shall have the authority to 
undertake actions to address the recommendations made 
under subsection (c). 
(e) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report on the re-
190 
sults of the study required under subsection (a), including 
the recommendations described in subsection (c). 
(f) GENERAL AVIATION DEFINED.—In this section, the 
term ‘‘general aviation’’ means aircraft operation for per-
sonal, recreational, or other noncommercial purposes. 
SEC. 309. CALL TO ACTION AIRLINE ENGINE SAFETY RE-
VIEW. 
(a) CALL TO ACTION AIRLINE ENGINE SAFETY RE-
VIEW.—Not later than 90 days after the date of enactment 
of this Act, the Administrator shall initiate a Call to Action 
safety review on airline engine safety in order to bring 
stakeholders together to share best practices and implement 
actions to address airline engine safety. 
(b) CONTENTS.—The Call to Action safety review re-
quired pursuant to subsection (a) shall include— 
(1) a review of Administration regulations, guid-
ance, and directives related to airline engines during 
design and production, including the oversight of 
those processes; 
(2) a review of Administration regulations, guid-
ance, and directives related to airline engine oper-
ation and maintenance and the oversight of those 
processes; 
(3) a review of reportable accidents and inci-
dents involving airline engines during calendar years
191 
2014 through 2018, including any identified contrib-
uting factors to the reportable accident or incident; 
and 
(4) a process for stakeholders, including inspec-
tors, manufacturers, maintenance providers, airlines, 
labor, and aviation safety experts, to provide feedback 
and share best practices. 
(c) REPORT AND RECOMMENDATIONS.—Not later than 
90 days after the conclusion of the Call to Action safety 
review pursuant to subsection (a), the Administrator shall 
submit to the appropriate committees of Congress a report 
on the results of the review and any recommendations for 
actions or best practices to improve airline engine safety. 
SEC. 310. SENSE OF CONGRESS ON ACCESS TO AIR CARRIER 
FLIGHT DECKS. 
It is the sense of Congress that the Administrator 
should collaborate with other aviation authorities to ad-
vance a global standard for access to air carrier flight decks 
and redundancy requirements consistent with the flight 
deck access and redundancy requirements in the United 
States. 
SEC. 311. PART 135 ACCIDENT AND INCIDENT DATA. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall—
192 
(1) determine, in collaboration with the National 
Transportation Safety Board and part 135 industry 
stakeholders, what, if any, additional data should be 
reported as part of an accident or incident notice— 
(A) to more accurately measure the safety of 
on-demand part 135 aircraft activity; 
(B) to pinpoint safety problems; and 
(C) to form the basis for critical research 
and analysis of general aviation issues; and 
(2) provide a briefing to the appropriate com-
mittees of Congress on the findings under paragraph 
(1), including a description of any additional data to 
be collected, a timeframe for implementing the addi-
tional data collection, and any potential obstacles to 
implementation. 
(b) DEFINITION OF PART 135.—In this section, the 
term ‘‘part 135’’ means part 135 of title 14, Code of Federal 
Regulations. 
SEC. 312. SENSE OF CONGRESS; PILOT IN COMMAND AU-
THORITY. 
It is the sense of Congress that the pilot in command 
of an aircraft is directly responsible for, and is the final 
authority as to, the operation of that aircraft, as set forth 
in section 91.3(a) of title 14, Code of Federal Regulations 
(or any successor regulation thereto).
193 
SEC. 313. REPORT ON CONSPICUITY NEEDS FOR SURFACE 
VEHICLES OPERATING ON THE AIRSIDE OF 
AIR CARRIER SERVED AIRPORTS. 
(a) STUDY
REQUIRED.—The Administrator shall 
carry out a study on the need for the FAA to prescribe con-
spicuity standards for surface vehicles operating on the 
airside of the categories of airports that air carriers serve 
as specified in subsection (b). 
(b) COVERED AIRPORTS.—The study required by sub-
section (a) shall cover, at a minimum, 1 large hub airport, 
1 medium hub airport, and 1 small hub airport, as those 
terms are defined in section 40102 of title 49, United States 
Code. 
(c) REPORT TO CONGRESS.—Not later than July 1, 
2019, the Administrator shall submit to the appropriate 
committees of Congress a report setting forth the results of 
the study required by subsection (a), including such rec-
ommendations as the Administrator considers appropriate 
regarding the need for the Administration to prescribe con-
spicuity standards as described in subsection (a). 
SEC. 314. HELICOPTER AIR AMBULANCE OPERATIONS DATA 
AND REPORTS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator, in collaboration 
with helicopter air ambulance industry stakeholders, shall 
assess the availability of information to the general public
194 
related to the location of heliports and helipads used by heli-
copters providing air ambulance services, including 
helipads and helipads outside of those listed as part of any 
existing databases of Airport Master Record (5010) forms. 
(b) REQUIREMENTS.—Based on the assessment under 
subsection (a), the Administrator shall— 
(1) update, as necessary, any existing guidance 
on what information is included in the current data-
bases of Airport Master Record (5010) forms to in-
clude information related to heliports and helipads 
used by helicopters providing air ambulance services; 
or 
(2) develop, as appropriate and in collaboration 
with helicopter air ambulance industry stakeholders, 
a new database of heliports and helipads used by heli-
copters providing air ambulance services. 
(c) REPORTS.— 
(1) ASSESSMENT REPORT.—Not later than 30 
days after the date the assessment under subsection 
(a) is complete, the Administrator shall submit to the 
appropriate committees of Congress a report on the 
assessment, including any recommendations on how 
to make information related to the location of heli-
ports and helipads used by helicopters providing air 
ambulance services available to the general public.
195 
(2) IMPLEMENTATION REPORT.—Not later than 
30 days after completing action under paragraph (1) 
or paragraph (2) of subsection (b), the Administrator 
shall submit to the appropriate committees of Con-
gress a report on such action. 
(d) INCIDENT AND ACCIDENT DATA.—Section 44731 
of title 49, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘not later than 1 year after the date 
of enactment of this section, and annually there-
after’’ and inserting ‘‘annually’’; 
(B) in paragraph (2), by striking ‘‘flights 
and hours flown, by registration number, during 
which helicopters operated by the certificate hold-
er were providing helicopter air ambulance serv-
ices’’ and inserting ‘‘hours flown by the heli-
copters operated by the certificate holder’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘of flight’’ and inserting 
‘‘of patients transported and the number of 
patient transport’’; 
(ii) by inserting ‘‘or’’ after ‘‘inter-
facility transport,’’; and
196 
(iii) by striking ‘‘, or ferry or repo-
sitioning flight’’; 
(D) in paragraph (5)— 
(i) by striking ‘‘flights and’’; and 
(ii) by striking ‘‘while providing air 
ambulance services’’; and 
(E) by amending paragraph (6) to read as 
follows: 
‘‘(6) The number of hours flown at night by heli-
copters operated by the certificate holder.’’; 
(2) in subsection (d)— 
(A) by striking ‘‘Not later than 2 years 
after the date of enactment of this section, and 
annually thereafter, the Administrator shall sub-
mit’’ and inserting ‘‘The Administrator shall 
submit annually’’; and 
(B) by adding at the end the following: 
‘‘The report shall include the number of acci-
dents experienced by helicopter air ambulance 
operations, the number of fatal accidents experi-
enced by helicopter air ambulance operations, 
and the rate, per 100,000 flight hours, of acci-
dents and fatal accidents experienced by opera-
tors providing helicopter air ambulance serv-
ices.’’;
197 
(3) by redesignating subsection (e) as subsection 
(f); and 
(4) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) IMPLEMENTATION.—In carrying out this section, 
the Administrator, in collaboration with part 135 certifi-
cate holders providing helicopter air ambulance services, 
shall— 
‘‘(1) propose and develop a method to collect and 
store the data submitted under subsection (a), includ-
ing a method to protect the confidentiality of any 
trade secret or proprietary information submitted; 
and 
‘‘(2) ensure that the database under subsection 
(c) and the report under subsection (d) include data 
and analysis that will best inform efforts to improve 
the safety of helicopter air ambulance operations.’’. 
SEC. 315. AVIATION RULEMAKING COMMITTEE FOR PART 
135 PILOT REST AND DUTY RULES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall con-
vene an aviation rulemaking committee to review, and de-
velop findings and recommendations regarding, pilot rest 
and duty rules under part 135 of title 14, Code of Federal 
Regulations.
198 
(b) DUTIES.—The Administrator shall— 
(1) not later than 2 years after the date of enact-
ment of this Act, submit to the appropriate commit-
tees of Congress a report based on the findings of the 
aviation rulemaking committee; and 
(2) not later than 1 year after the date of sub-
mission of the report under paragraph (1), issue a 
notice of proposed rulemaking based on any consensus 
recommendations reached by the aviation rulemaking 
committee. 
(c) COMPOSITION.—The aviation rulemaking com-
mittee shall consist of members appointed by the Adminis-
trator, including— 
(1) representatives of industry; 
(2) representatives of aviation labor organiza-
tions, including collective bargaining units rep-
resenting pilots who are covered by part 135 of title 
14, Code of Federal Regulations, and subpart K of 
part 91 of such title; and 
(3) aviation safety experts with specific knowl-
edge of flight crewmember education and training re-
quirements under part 135 of such title. 
(d) CONSIDERATIONS.—The Administrator shall direct 
the aviation rulemaking committee to consider—
199 
(1) recommendations of prior part 135 rule-
making committees; 
(2) accommodations necessary for small busi-
nesses; 
(3) scientific data derived from aviation-related 
fatigue and sleep research; 
(4) data gathered from aviation safety reporting 
programs; 
(5) the need to accommodate the diversity of op-
erations conducted under part 135, including the 
unique duty and rest time requirements of air ambu-
lance pilots; and 
(6) other items, as appropriate. 
SEC. 316. REPORT ON OBSOLETE TEST EQUIPMENT. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the appropriate committees of Congress a report on the 
National Test Equipment Program of the FAA (in this sec-
tion referred to as the ‘‘Program’’). 
(b) CONTENTS.—The report shall include— 
(1) a list of all known outstanding requests for 
test equipment, cataloged by type and location, under 
the Program;
200 
(2) a description of the current method under the 
Program of ensuring calibrated equipment is in place 
for utilization; 
(3) a plan by the Administrator for appropriate 
inventory of such equipment; 
(4) the Administrator’s recommendations for in-
creasing multifunctionality in future test equipment 
and all known and foreseeable manufacturer techno-
logical advances; and 
(5) a plan to replace, as appropriate, obsolete 
test equipment throughout the service areas. 
SEC. 317. HELICOPTER FUEL SYSTEM SAFETY. 
(a) IN GENERAL.—Chapter 447 of title 49, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 44737. Helicopter fuel system safety 
‘‘(a) PROHIBITION.— 
‘‘(1) IN GENERAL.—A person may not operate a 
covered rotorcraft in United States airspace unless the 
design of the rotorcraft is certified by the Adminis-
trator of the Federal Aviation Administration to— 
‘‘(A) comply with the requirements applica-
ble to the category of the rotorcraft under para-
graphs (1), (2), (3), (5), and (6) of section 
27.952(a), section 27.952(c), section 27.952(f),
201 
section 27.952(g), section 27.963(g) (but allowing 
for a minimum puncture force of 250 pounds if 
successfully drop tested in-structure), and section 
27.975(b) or paragraphs (1), (2), (3), (5), and 
(6) of section 29.952(a), section 29.952(c), section 
29.952(f), section 29.952(g), section 29.963(b) 
(but allowing for a minimum puncture force of 
250 pounds if successfully drop tested in-struc-
ture), and 29.975(a)(7) of title 14, Code of Fed-
eral Regulations, as in effect on the date of en-
actment of this section; or 
‘‘(B) employ other means acceptable to the 
Administrator to provide an equivalent level of 
fuel system crash resistance. 
‘‘(2) COVERED ROTORCRAFT DEFINED.—In this 
subsection, the term ‘covered rotorcraft’ means a 
rotorcraft not otherwise required to comply with sec-
tion 27.952, section 27.963, and section 27.975, or 
section 29.952, section 29.963, and section 29.975 of 
title 14, Code of Federal Regulations as in effect on 
the date of enactment of this section for which manu-
facture was completed, as determined by the Adminis-
trator, on or after the date that is 18 months after the 
date of enactment of this section.
202 
‘‘(b) ADMINISTRATIVE PROVISIONS.—The Adminis-
trator shall— 
‘‘(1) expedite the certification and validation of 
United States and foreign type designs and retrofit 
kits that improve fuel system crashworthiness; and 
‘‘(2) not later than 180 days after the date of en-
actment of this section, and periodically thereafter, 
issue a bulletin to— 
‘‘(A) inform rotorcraft owners and operators 
of available modifications to improve fuel system 
crashworthiness; and 
‘‘(B) urge that such modifications be in-
stalled as soon as practicable. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to affect the operation of a rotorcraft 
by the Department of Defense.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
447 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘44737. Helicopter fuel system safety.’’. 
SEC. 318. APPLICABILITY OF MEDICAL CERTIFICATION 
STANDARDS TO OPERATORS OF AIR BAL-
LOONS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Commercial Balloon Pilot Safety Act of 2018’’.
203 
(b) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall revise 
section 61.3(c) of title 14, Code of Federal Regulations (re-
lating to second-class medical certificates), to apply to an 
operator of an air balloon to the same extent such regula-
tions apply to a pilot flight crewmember of other aircraft. 
(c) AIR BALLOON DEFINED.—In this section, the term 
‘‘air balloon’’ has the meaning given the term ‘‘balloon’’ in 
section 1.1 of title 14, Code of Federal Regulations (or any 
corresponding similar regulation or ruling). 
SEC. 319. DESIGNATED PILOT EXAMINER REFORMS. 
(a) IN GENERAL.—The Administrator shall assign to 
the Aviation Rulemaking Advisory Committee (in this sec-
tion referred to as the ‘‘Committee’’) the task of reviewing 
all regulations and policies related to designated pilot ex-
aminers appointed under section 183.23 of title 14, Code 
of Federal Regulations. The Committee shall focus on the 
processes and requirements by which the FAA selects, 
trains, and deploys individuals as designated pilot exam-
iners, and provide recommendations with respect to the reg-
ulatory and policy changes necessary to ensure an adequate 
number of designated pilot examiners are deployed and 
available to perform their duties. The Committee also shall 
make recommendations with respect to the regulatory and 
policy changes if necessary to allow a designated pilot ex-
204 
aminer perform a daily limit of 3 new check rides with 
no limit for partial check rides and to serve as a designed 
pilot examiner without regard to any individual managing 
office. 
(b) ACTION BASED ON RECOMMENDATIONS.—Not later 
than 1 year after receiving recommendations under sub-
section (a), the Administrator shall take such action as the 
Administrator considers appropriate with respect to those 
recommendations. 
SEC. 320. VOLUNTARY REPORTS OF OPERATIONAL OR 
MAINTENANCE ISSUES RELATED TO AVIA-
TION SAFETY. 
(a) IN GENERAL.—There shall be a presumption that 
an individual’s voluntary report of an operational or main-
tenance issue related to aviation safety under an aviation 
safety action program meets the criteria for acceptance as 
a valid report under such program. 
(b) DISCLAIMER
REQUIRED.—Any dissemination, 
within the participating organization, of a report that was 
submitted and accepted under an aviation safety action 
program pursuant to the presumption under subsection (a), 
but that has not undergone review by an event review com-
mittee, shall be accompanied by a disclaimer stating that 
the report—
205 
(1) has not been reviewed by an event review 
committee tasked with reviewing such reports; and 
(2) may subsequently be determined to be ineli-
gible for inclusion in the aviation safety action pro-
gram. 
(c) REJECTION OF REPORT.— 
(1) IN GENERAL.—A report described under sub-
section (a) shall be rejected from an aviation safety 
action program if, after a review of the report, an 
event review committee tasked with reviewing such re-
port, or the Federal Aviation Administration member 
of the event review committee in the case that the re-
view committee does not reach consensus, determines 
that the report fails to meet the criteria for acceptance 
under such program. 
(2) PROTECTIONS.—In any case in which a re-
port of an individual described under subsection (a) 
is rejected under paragraph (1)— 
(A) the enforcement-related incentive offered 
to the individual for making such a report shall 
not apply; and 
(B) the protection from disclosure of the re-
port itself under section 40123 of title 49, United 
States Code, shall not apply.
206 
(3) AVIATION
SAFETY
ACTION
PROGRAM
DE-
FINED.—In this section, the term ‘‘aviation safety ac-
tion program’’ means a program established in ac-
cordance with Federal Aviation Administration Advi-
sory Circular 120–66B, issued November 15, 2002 
(including any similar successor advisory circular), 
to allow an individual to voluntarily disclose oper-
ational or maintenance issues related to aviation 
safety. 
SEC. 321. EVALUATION REGARDING ADDITIONAL GROUND 
BASED TRANSMITTERS. 
The Administrator shall conduct an evaluation of pro-
viding additional ground based transmitters for Automatic 
Dependent Surveillance–Broadcasts (ADS–B) to provide a 
minimum operational network in Alaska along major flight 
routes. 
SEC. 322. IMPROVED SAFETY IN RURAL AREAS. 
The Administrator shall permit an air carrier oper-
ating pursuant to part 135 of title 14, Code of Federal Reg-
ulations, to operate to a destination with a published ap-
proach, in a noncontiguous State under instrument flight 
rules and conduct an instrument approach without a des-
tination Meteorological Aerodrome Report (METAR) if a 
current Area Forecast, supplemented by noncertified local 
weather observations (such as weather cameras and human
207 
observations) is available, and an alternate airport that has 
a weather report is specified. The operator shall have ap-
proved procedures for departure and en route weather eval-
uation. 
SEC. 323. EXIT ROWS. 
(a) REVIEW.—The Administrator shall conduct a re-
view of current safety procedures regarding unoccupied exit 
rows on a covered aircraft in passenger air transportation 
during all stages of flight. 
(b) CONSULTATION.—In carrying out the review, the 
Administrator shall consult with air carriers, aviation 
manufacturers, and labor stakeholders. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Administrator shall submit to 
the appropriate committees of Congress a report on the re-
sults of the review. 
(d) COVERED AIRCRAFT DEFINED.—In this section, 
the term ‘‘covered aircraft’’ means an aircraft operating 
under part 121 of title 14, Code of Federal Regulations. 
SEC. 324. COMPTROLLER GENERAL REPORT ON FAA EN-
FORCEMENT POLICY. 
Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall 
complete a study, and report to the appropriate committees 
of Congress on the results thereof, on the effectiveness of
208 
Order 8000.373, Federal Aviation Administration Compli-
ance Philosophy, announced on June 26, 2015. Such study 
shall include information about— 
(1) whether reports of safety incidents increased 
following the order; 
(2) whether reduced enforcement penalties in-
creased the overall number of safety incidents that oc-
curred; and 
(3) whether FAA enforcement staff registered 
complaints about reduced enforcement reducing com-
pliance with safety regulations. 
SEC. 325. ANNUAL SAFETY INCIDENT REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, and annually thereafter for 5 
years, the Administrator, shall submit to the appropriate 
committees of Congress a report regarding part 121 airline 
safety oversight. 
(b) CONTENTS.—The annual report shall include— 
(1) a description of the Federal Aviation Admin-
istration’s safety oversight process to ensure the safety 
of the traveling public; 
(2) a description of risk-based oversight methods 
applied to ensure aviation safety, including to spe-
cific issues addressed in the year preceding the report
209 
that in the determination of the Administrator ad-
dress safety risk; and 
(3) in the instance of specific reviews of air car-
rier performance to safety regulations, a description 
of cases where the timelines for recurrent reviews are 
advanced. 
SEC. 326. AIRCRAFT AIR QUALITY. 
(a) EDUCATIONAL MATERIALS.—Not later than 1 year 
after the date of enactment of this Act, the Administrator 
shall, in consultation with relevant stakeholders, establish 
and make available on a publicly available Internet website 
of the Administration, educational materials for flight at-
tendants, pilots, and aircraft maintenance technicians on 
how to respond to incidents on board aircraft involving 
smoke or fumes. 
(b) REPORTING OF INCIDENTS OF SMOKE OR FUMES 
ON BOARD AIRCRAFT.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall, in 
consultation with relevant stakeholders, issue guidance for 
flight attendants, pilots, and aircraft maintenance techni-
cians to report incidents of smoke or fumes on board an 
aircraft operated by a commercial air carrier and with re-
spect to the basis on which commercial air carriers shall 
report such incidents through the Service Difficulty Report-
ing System.
210 
(c) RESEARCH TO DEVELOP TECHNIQUES TO MON-
ITOR BLEED AIR QUALITY.—Not later than 180 days after 
the date of enactment of this Act, the Administrator shall 
commission a study by the Airliner Cabin Environment Re-
search Center of Excellence— 
(1) to identify and measure the constituents and 
levels of constituents resulting from bleed air in the 
cabins of a representative set of commercial aircraft 
in operation of the United States; 
(2) to assess the potential health effects of such 
constituents on passengers and cabin and flight deck 
crew; 
(3) to identify technologies suitable to provide re-
liable and accurate warning of bleed air contamina-
tion, including technologies to effectively monitor the 
aircraft air supply system when the aircraft is in 
flight; and 
(4) to identify potential techniques to prevent 
fume events. 
(d) REPORT REQUIRED.—Not later than 18 months 
after the date of enactment of this Act, the Administrator 
shall submit to the appropriate committees of Congress a 
report on the feasibility, efficacy, and cost-effectiveness of 
certification and installation of systems to evaluate bleed 
air quality.
211 
(e) PILOT PROGRAM.—The FAA may conduct a pilot 
program to evaluate the effectiveness of technologies identi-
fied in subsection (c). 
SEC. 327. APPROACH CONTROL RADAR. 
The Administrator shall— 
(1) identify airports that are currently served by 
FAA towers with nonradar approach and departure 
control (type 4 classification in the Federal Aviation 
Administration OPSNET); and 
(2) develop an implementation plan, which takes 
into account budgetary and flight volume consider-
ations, to provide an airport identified under para-
graph (1), if appropriate, with approach control 
radar. 
SEC. 328. REPORT ON AIRLINE AND PASSENGER SAFETY. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the appropriate committees of Congress a report on air-
line and passenger safety. 
(b) CONTENTS.—The report required under subsection 
(a) shall include— 
(1) the average age of commercial aircraft owned 
and operated by United States air carriers; 
(2) the over-all use of planes, including average 
lifetime of commercial aircraft;
212 
(3) the number of hours aircraft are in flight 
over the life of the aircraft and the average number 
of hours on domestic and international flights, respec-
tively; 
(4) the impact of metal fatigue on aircraft usage 
and safety; 
(5) a review on contractor assisted maintenance 
of commercial aircraft; and 
(6) a re-evaluation of the rules on inspection of 
aging airplanes. 
SEC. 329. PERFORMANCE-BASED STANDARDS. 
The Administrator shall, to the maximum extent pos-
sible and consistent with Federal law, and based on input 
by the public, ensure that regulations, guidance, and poli-
cies issued by the FAA on and after the date of enactment 
of this Act are issued in the form of performance-based 
standards, providing an equal or higher level of safety. 
SEC. 330. REPORT AND RECOMMENDATIONS ON CERTAIN 
AVIATION SAFETY RISKS. 
Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall submit to the appro-
priate committees of Congress a report that— 
(1) identifies safety risks associated with power 
outages at airports caused by weather or other factors, 
and recommends actions to improve resilience of avia-
213 
tion communication, navigation, and surveillance 
systems in the event of such outages; and 
(2) reviews alerting mechanisms, devices, and 
procedures for enhancing the situational awareness of 
pilots and air traffic controllers in the event of a fail-
ure or an irregularity of runway lights, and provides 
recommendations on the further implementation of 
such mechanisms, devices, or procedures. 
SEC. 331. REVIEW OF FAA’S AVIATION SAFETY INFORMA-
TION ANALYSIS AND SHARING SYSTEM. 
(a) AUDIT BY DEPARTMENT OF TRANSPORTATION IN-
SPECTOR GENERAL.—Not later than 90 days after the date 
of enactment of this Act, the inspector general of the Depart-
ment of Transportation shall initiate a follow-up review of 
the FAA’s Aviation Safety Information Analysis and Shar-
ing (ASIAS) system to assess FAA’s efforts and plans to 
improve the system. 
(b) REVIEW.—The review shall include, at a min-
imum, an evaluation of FAA’s efforts to improve the ASIAS 
system’s predictive capabilities and solutions developed to 
more widely disseminate results of ASIAS data analyses, 
as well as an update on previous inspector general rec-
ommendations to improve this safety analysis and sharing 
system.
214 
(c) REPORT.—The inspector general shall submit to 
the appropriate committees of Congress a report on the re-
sults of the review carried out under this section and any 
recommendations to improve FAA’s ASIAS system. 
SEC. 332. AIRPORT RESCUE AND FIREFIGHTING. 
(a) FIREFIGHTING FOAM.—Not later than 3 years 
after the date of enactment of this Act, the Administrator, 
using the latest version of National Fire Protection Associa-
tion 403, ‘‘Standard for Aircraft Rescue and Fire-Fighting 
Services at Airports’’, and in coordination with the Admin-
istrator of the Environmental Protection Agency, aircraft 
manufacturers and airports, shall not require the use of 
fluorinated chemicals to meet the performance standards 
referenced in chapter 6 of AC No: 150/5210–6D and accept-
able under 139.319(l) of title 14, Code of Federal Regula-
tions. 
(b) TRAINING FACILITIES.—Not later than 90 days 
after the date of enactment of this Act, the Administrator 
shall submit to the appropriate committees of Congress— 
(1) a report on the number and sufficiency of 
aircraft rescue and firefighting training facilities in 
each FAA region; and 
(2) a plan, if appropriate, to address any cov-
erage gaps identified in the report.
215 
SEC. 333. SAFE AIR TRANSPORTATION OF LITHIUM CELLS 
AND BATTERIES. 
(a) HARMONIZATION WITH ICAO TECHNICAL IN-
STRUCTIONS.— 
(1) ADOPTION OF ICAO INSTRUCTIONS.— 
(A) IN GENERAL.—Pursuant to section 828 
of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 44701 note), not later than 90 
days after the date of enactment of this Act, the 
Secretary 
of 
Transportation 
shall 
conform 
United States regulations on the air transport of 
lithium cells and batteries with the lithium cells 
and battery requirements in the 2015–2016 edi-
tion of the International Civil Aviation Organi-
zation’s (referred to in this subsection as 
‘‘ICAO’’) Technical Instructions (to include all 
addenda), including the revised standards adopt-
ed by ICAO which became effective on April 1, 
2016 and any further revisions adopted by ICAO 
prior to the effective date of the FAA Reauthor-
ization Act of 2018. 
(B) FURTHER
PROCEEDINGS.—Beginning 
on the date the revised regulations under sub-
paragraph (A) are published in the Federal Reg-
ister, any lithium cell and battery rulemaking 
action or update commenced on or after that
216 
date shall continue to comply with the require-
ments under section 828 of the FAA Moderniza-
tion and Reform Act of 2012 (49 U.S.C. 44701 
note). 
(2) REVIEW OF OTHER REGULATIONS.—Pursu-
ant to section 828 of the FAA Modernization and Re-
form Act of 2012 (49 U.S.C. 44701 note), the Sec-
retary of Transportation may initiate a review of 
other existing regulations regarding the air transpor-
tation, including passenger-carrying and cargo air-
craft, of lithium batteries and cells. 
(b) MEDICAL DEVICE BATTERIES.— 
(1) IN GENERAL.—For United States applicants, 
the Secretary of Transportation shall consider and ei-
ther grant or deny, not later than 45 days after re-
ceipt of an application, an application submitted in 
compliance with part 107 of title 49, Code of Federal 
Regulations, for special permits or approvals for air 
transportation of lithium ion cells or batteries specifi-
cally used by medical devices. Not later than 30 days 
after the date of application, the Pipeline and Haz-
ardous Materials Safety Administration shall provide 
a draft special permit to the Federal Aviation Ad-
ministration based on the application. The Federal 
Aviation Administration shall conduct an on-site in-
217 
spection for issuance of the special permit not later 
than 20 days after the date of receipt of the draft spe-
cial permit from the Pipeline and Hazardous Mate-
rials Safety Administration. 
(2) LIMITED EXCEPTIONS TO RESTRICTIONS ON 
AIR
TRANSPORTATION
OF
MEDICAL
DEVICE
BAT-
TERIES.—The Secretary shall issue limited exceptions 
to the restrictions on transportation of lithium ion 
and lithium metal batteries to allow the shipment on 
a passenger aircraft of not more than 2 replacement 
batteries specifically used for a medical device if— 
(A) the intended destination of the batteries 
is not serviced daily by cargo aircraft if a bat-
tery is required for medically necessary care; 
and 
(B) with regard to a shipper of lithium ion 
or lithium metal batteries for medical devices 
that cannot comply with a charge limitation in 
place at the time, each battery is— 
(i) individually packed in an inner 
packaging that completely encloses the bat-
tery; 
(ii) placed in a rigid outer packaging; 
and
218 
(iii) protected to prevent a short cir-
cuit. 
(3) MEDIAL
DEVICE
DEFINED.—ln this sub-
section, the term ‘‘medical device’’ means an instru-
ment, apparatus, implement, machine, contrivance, 
implant, or in vitro reagent, including any compo-
nent, part, or accessory thereof, which is intended for 
use in the diagnosis of disease or other conditions, or 
in the cure, mitigation, treatment, or prevention of 
disease, of a person. 
(4) SAVINGS
CLAUSE.—Nothing in this sub-
section shall be construed as expanding or con-
stricting any other authority the Secretary of Trans-
portation has under section 828 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 44701 
note). 
(c) LITHIUM BATTERY SAFETY WORKING GROUP.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of 
Transportation shall establish a lithium battery safe-
ty working group (referred to as the ‘‘working group’’ 
in this section) to promote and coordinate efforts re-
lated to the promotion of the safe manufacture, use, 
and transportation of lithium batteries and cells.
219 
(2) DUTIES.—The working group shall coordi-
nate and facilitate the transfer of knowledge and ex-
pertise among the following Federal agencies: 
(A) The Department of Transportation. 
(B) The Consumer Product Safety Commis-
sion. 
(C) The National Institute on Standards 
and Technology. 
(D) The Food and Drug Administration. 
(3) MEMBERS.—The Secretary shall appoint not 
more than 8 members to the working group with ex-
pertise in the safe manufacture, use, or transportation 
of lithium batteries and cells. 
(4) SUBCOMMITTEES.—The Secretary, or mem-
bers of the working group, may— 
(A) establish working group subcommittees 
to focus on specific issues related to the safe 
manufacture, use, or transportation of lithium 
batteries and cells; and 
(B) include in a subcommittee the partici-
pation of nonmember stakeholders with expertise 
in areas that the Secretary or members consider 
necessary. 
(5) REPORT.—Not later than 1 year after the 
date it is established, the working group shall—
220 
(A) identify and assess— 
(i) additional ways to decrease the risk 
of fires and explosions from lithium bat-
teries and cells; 
(ii) additional ways to ensure uniform 
transportation requirements for both bulk 
and individual batteries; and 
(iii) new or existing technologies that 
may reduce the fire and explosion risk of 
lithium batteries and cells; and 
(B) transmit to the appropriate committees 
of Congress a report on the assessments con-
ducted under subparagraph (A), including any 
legislative recommendations to effectuate the safe-
ty improvements described in clauses (i) through 
(iii) of that subparagraph. 
(6) TERMINATION.—The working group, and any 
working group subcommittees, shall terminate 90 
days after the date the report is transmitted under 
paragraph (5). 
(d) LITHIUM BATTERY AIR SAFETY ADVISORY COM-
MITTEE.— 
(1) ESTABLISHMENT.—Not later than 60 days 
after the date of enactment of this Act, the Secretary 
shall establish, in accordance with the requirements of
221 
the Federal Advisory Committee Act (5 U.S.C. App.), 
a lithium ion and lithium metal battery air safety 
advisory committee (in this subsection referred to as 
the ‘‘Committee’’). 
(2) DUTIES.—The Committee shall— 
(A) facilitate communication between man-
ufacturers of lithium ion and lithium metal cells 
and batteries, manufacturers of products incor-
porating both large and small lithium ion and 
lithium metal batteries, air carriers, and the 
Federal Government regarding the safe air 
transportation of lithium ion and lithium metal 
cells and batteries and the effectiveness and eco-
nomic and social impacts of the regulation of 
such transportation; 
(B) provide the Secretary, the Federal Avia-
tion Administration, and the Pipeline and Haz-
ardous Materials Safety Administration with 
timely information about new lithium ion and 
lithium metal battery technology and transpor-
tation safety practices and methodologies; 
(C) provide a forum for the Secretary to 
provide information on and to discuss the activi-
ties of the Department of Transportation relat-
ing to lithium ion and lithium metal battery
222 
transportation safety, the policies underlying the 
activities, and positions to be advocated in inter-
national forums; 
(D) provide a forum for the Secretary to 
provide information and receive advice on— 
(i) activities carried out throughout the 
world to communicate and enforce relevant 
United States regulations and the ICAO 
Technical Instructions; and 
(ii) the effectiveness of the activities; 
(E) provide advice and recommendations to 
the Secretary with respect to lithium ion and 
lithium metal battery air transportation safety, 
including how best to implement activities to in-
crease awareness of relevant requirements and 
their importance to travelers and shippers; and 
(F) review methods to decrease the risk 
posed by air shipment of undeclared hazardous 
materials and efforts to educate those who pre-
pare and offer hazardous materials for shipment 
via air transport. 
(3) MEMBERSHIP.—The Committee shall be com-
posed of the following members: 
(A) Individuals appointed by the Secretary 
to represent—
223 
(i) large volume manufacturers of lith-
ium ion and lithium metal cells and bat-
teries; 
(ii) domestic manufacturers of lithium 
ion and lithium metal batteries or battery 
packs; 
(iii) manufacturers of consumer prod-
ucts powered by lithium ion and lithium 
metal batteries; 
(iv) manufacturers of vehicles powered 
by lithium ion and lithium metal batteries; 
(v) marketers of products powered by 
lithium ion and lithium metal batteries; 
(vi) cargo air service providers based 
in the United States; 
(vii) passenger air service providers 
based in the United States; 
(viii) pilots and employees of air serv-
ice providers described in clauses (vi) and 
(vii); 
(ix) shippers of lithium ion and lith-
ium metal batteries for air transportation; 
(x) manufacturers of battery-powered 
medical devices or batteries used in medical 
devices; and
224 
(xi) employees of the Department of 
Transportation, including employees of the 
Federal Aviation Administration and the 
Pipeline and Hazardous Materials Safety 
Administration. 
(B) Representatives of such other Govern-
ment departments and agencies as the Secretary 
determines appropriate. 
(C) Any other individuals the Secretary de-
termines are appropriate to comply with Federal 
law. 
(4) REPORT.— 
(A) IN GENERAL.—Not later than 180 days 
after the establishment of the Committee, the 
Committee shall submit to the Secretary and the 
appropriate committees of Congress a report 
that— 
(i) describes and evaluates the steps 
being taken in the private sector and by 
international regulatory authorities to im-
plement and enforce requirements relating 
to the safe transportation by air of bulk 
shipments of lithium ion cells and batteries; 
and
225 
(ii) identifies any areas of enforcement 
or regulatory requirements for which there 
is consensus that greater attention is need-
ed. 
(B) 
INDEPENDENT
STATEMENTS.—Each 
member of the Committee shall be provided an 
opportunity to submit an independent statement 
of views with the report submitted pursuant to 
subparagraph (A). 
(5) MEETINGS.— 
(A) IN
GENERAL.—The Committee shall 
meet at the direction of the Secretary and at 
least twice a year. 
(B) PREPARATION FOR ICAO MEETINGS.— 
Notwithstanding subparagraph (A), the Sec-
retary shall convene a meeting of the Committee 
in connection with and in advance of each meet-
ing of the International Civil Aviation Organi-
zation, or any of its panels or working groups, 
addressing the safety of air transportation of 
lithium ion and lithium metal batteries to brief 
Committee members on positions to be taken by 
the United States at such meeting and provide 
Committee members a meaningful opportunity to 
comment.
226 
(6) TERMINATION.—The Committee shall termi-
nate on the date that is 6 years after the date on 
which the Committee is established. 
(7) TERMINATION OF FUTURE OF AVIATION ADVI-
SORY COMMITTEE.—The Future of Aviation Advisory 
Committee shall terminate on the date on which the 
lithium ion battery air safety advisory committee is 
established. 
(e) COOPERATIVE EFFORTS TO ENSURE COMPLIANCE 
WITH SAFETY REGULATIONS.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation, in coordination with appropriate Federal 
agencies, shall carry out cooperative efforts to ensure 
that shippers who offer lithium ion and lithium metal 
batteries for air transport to or from the United 
States comply with U.S. Hazardous Materials Regu-
lations and ICAO Technical Instructions. 
(2) COOPERATIVE EFFORTS.—The cooperative ef-
forts the Secretary shall carry out pursuant to para-
graph (1) include the following: 
(A) Encouraging training programs at lo-
cations outside the United States from which 
substantial cargo shipments of lithium ion or 
lithium metal batteries originate for manufac-
turers, freight forwarders, and other shippers
227 
and potential shippers of lithium ion and lith-
ium metal batteries. 
(B) Working with Federal, regional, and 
international transportation agencies to ensure 
enforcement of U.S. Hazardous Materials Regu-
lations and ICAO Technical Instructions with 
respect to shippers who offer noncompliant ship-
ments of lithium ion and lithium metal bat-
teries. 
(C) Sharing information, as appropriate, 
with Federal, regional, and international trans-
portation agencies regarding noncompliant ship-
ments. 
(D) Pursuing a joint effort with the inter-
national aviation community to develop a proc-
ess to obtain assurances that appropriate en-
forcement actions are taken to reduce the likeli-
hood of noncompliant shipments, especially with 
respect to jurisdictions in which enforcement ac-
tivities historically have been limited. 
(E) Providing information in brochures 
and on the internet in appropriate foreign lan-
guages and dialects that describes the actions re-
quired to comply with U.S. Hazardous Materials 
Regulations and ICAO Technical Instructions.
228 
(F) Developing joint efforts with the inter-
national aviation community to promote a better 
understanding of the requirements of and meth-
ods of compliance with U.S. Hazardous Mate-
rials Regulations and ICAO Technical Instruc-
tions. 
(3) REPORTING.—Not later than 120 days after 
the date of enactment of this Act, and annually there-
after for 2 years, the Secretary shall submit to the ap-
propriate committees of Congress a report on compli-
ance with the policy set forth in subsection (e) and 
the cooperative efforts carried out, or planned to be 
carried out, under this subsection. 
(f) PACKAGING IMPROVEMENTS.—Not later than 180 
days after the date of enactment of this Act, the Secretary, 
in consultation with interested stakeholders, shall submit to 
the appropriate committees of Congress an evaluation of 
current practices for the packaging of lithium ion batteries 
and cells for air transportation, including recommenda-
tions, if any, to improve the packaging of such batteries 
and cells for air transportation in a safe, efficient, and cost- 
effective manner. 
(g) DEPARTMENT
OF TRANSPORTATION POLICY
ON 
INTERNATIONAL REPRESENTATION.—
229 
(1) IN GENERAL.—It shall be the policy of the 
Department of Transportation to support the partici-
pation of industry and labor stakeholders in all pan-
els and working groups of the dangerous goods panel 
of the ICAO and any other international test or 
standard setting organization that considers proposals 
on the safety or transportation of lithium ion and 
lithium metal batteries in which the United States 
participates. 
(2) PARTICIPATION.—The Secretary of Transpor-
tation shall request that as part of the ICAO delibera-
tions in the dangerous goods panel on these issues, 
that appropriate experts on issues under consider-
ation be allowed to participate. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ICAO TECHNICAL INSTRUCTIONS.—The term 
‘‘ICAO Technical Instructions’’ has the meaning 
given that term in section 828(c) of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 44701 
note). 
(2) U.S. 
HAZARDOUS
MATERIALS
REGULA-
TIONS.—The term ‘‘U.S. Hazardous Materials Regu-
lations’’ means the regulations in parts 100 through 
177 of title 49, Code of Federal Regulations (includ-
230 
ing amendments adopted after the date of enactment 
of this Act). 
SEC. 334. RUNWAY SAFETY. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Administrator shall sub-
mit to the appropriate committees of Congress a report on 
improving runway safety. 
(b) CONTENTS.—In the report required under this sec-
tion, the Administrator shall— 
(1) review the relative benefits and risks of re-
quiring the use of runway awareness and advisory 
systems in turbine-powered airplanes with a max-
imum takeoff weight greater than 19,000 pounds; 
(2) review systems capable of detecting wrong- 
surface alignment to determine whether the capability 
exists to detect imminent wrong-surface landings at 
each airport where such a system is in use; 
(3) describe information gathered from the use of 
the Airport Surface Surveillance Capability system at 
San Francisco International Airport since July 2017; 
(4) assess available technologies to determine 
whether it is feasible, cost-effective, and appropriate 
to install and deploy, at any airport, systems to pro-
vide a direct warning capability to flight crews or air
231 
traffic controllers, or both, of potential runway incur-
sions; and 
(5) describe FAA efforts to develop metrics that 
would allow the FAA to determine whether runway 
incursions are increasing and to assess the effective-
ness of implemented runway safety initiatives. 
(c) CONSULTATION.—The Administrator shall consult 
with the National Transportation Safety Board in devel-
oping the report required under this section. 
SEC. 335. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS 
AND REST REQUIREMENTS. 
(a) MODIFICATION OF FINAL RULE.— 
(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
232 
(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. 
(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.
233 
(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 
provide suggested modifications for resubmission of 
the plan. 
(4) PLAN UPDATES.— 
(A) IN GENERAL.—A part 121 air carrier 
shall update its fatigue risk management plan 
under paragraph (1) every 2 years and submit 
the update to the Administrator for review and 
acceptance. 
(B) REVIEW.—Not later than 1 year after 
the date of submission of a plan update under 
subparagraph (A), the Administrator shall re-
view and accept or reject the update. If the Ad-
ministrator rejects an update, the Administrator
234 
shall provide suggested modifications for resub-
mission of the update. 
(5) COMPLIANCE.—A part 121 air carrier shall 
comply with the fatigue risk management plan of the 
air carrier that is accepted by the Administrator 
under this subsection. 
(6) CIVIL PENALTIES.—A violation of this sub-
section by a part 121 air carrier shall be treated as 
a violation of chapter 447 of title 49, United States 
Code, for purposes of the application of civil penalties 
under chapter 463 of that title. 
SEC. 336. SECONDARY COCKPIT BARRIERS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Saracini Aviation Safety Act of 2018’’. 
(b) REQUIREMENT.—Not later than 1 year after the 
date of the enactment of this Act, the Administrator of the 
Federal Aviation Administration shall issue an order re-
quiring installation of a secondary cockpit barrier on each 
new aircraft that is manufactured for delivery to a pas-
senger air carrier in the United States operating under the 
provisions of part 121 of title 14, Code of Federal Regula-
tions. 
SEC. 337. AIRCRAFT CABIN EVACUATION PROCEDURES. 
(a) REVIEW.—The Administrator of the Federal Avia-
tion Administration shall review—
235 
(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; 
(C) any relevant changes to passenger de-
mographics and legal requirements, including 
the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.), that affect emergency evac-
uations; and 
(D) any relevant changes to passenger seat-
ing configurations, including changes to seat 
width, padding, reclining, size, pitch, leg room, 
and aisle width; and 
(2) recent accidents and incidents in which pas-
sengers evacuated such aircraft. 
(b) CONSULTATION; REVIEW OF DATA.—In conducting 
the review under subsection (a), 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 crew members, maintenance employ-
ees, and emergency responders; and
236 
(2) review relevant data with respect to evacu-
ation certification of transport-category aircraft. 
(c) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of this Act, the Administrator 
shall submit to the appropriate committees of Congress a 
report on the results of the review under subsection (a) and 
related recommendations, if any, including recommenda-
tions for revisions to the assumptions and methods used for 
assessing evacuation certification of transport-category air-
craft. 
SEC. 338. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) each air carrier should have in place policies 
and procedures to address sexual misconduct, includ-
ing policies and procedures to— 
(B) facilitate the reporting of sexual mis-
conduct to appropriate law enforcement agencies; 
(C) communicate to personnel and pas-
sengers of the air carrier the rights of such indi-
viduals with respect to sexual misconduct; 
(D) train personnel of the air carrier to rec-
ognize and respond appropriately to, and to no-
tify the appropriate law enforcement agency of, 
sexual misconduct; and
237 
(E) ensure other appropriate actions are 
undertaken to respond effectively to sexual mis-
conduct; and 
(2) individuals who perpetrate sexual mis-
conduct should be held accountable under all applica-
ble Federal and State laws. 
SEC. 339. CIVIL PENALTIES FOR INTERFERENCE. 
(a) INTERFERENCE WITH CABIN OR FLIGHT CREW.— 
Section 46318(a) of title 49, United States Code, is amend-
ed— 
(1) by inserting ‘‘or sexually’’ after ‘‘physically’’ 
each place it appears; and 
(2) 
by 
striking 
‘‘$25,000’’ 
and 
inserting 
‘‘$35,000’’. 
SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT 
TASK FORCE. 
(a) ESTABLISHMENT OF TASK FORCE.—The Secretary 
of Transportation shall establish a task force, to be known 
as the ‘‘National In-Flight Sexual Misconduct Task Force’’ 
(referred to in this section as ‘‘Task Force’’) to— 
(1) review current practices, protocols and re-
quirements of air carriers in responding to allega-
tions of sexual misconduct by passengers onboard air-
craft, including training, reporting and data collec-
tion; and
238 
(2) provide recommendations on training, re-
porting and data collection regarding allegations of 
sexual misconduct occurring on passenger airline 
flights that are informed by the review of information 
described in paragraph (1) and subsection (c)(5) on 
passengers who have experienced sexual misconduct 
onboard aircraft. 
(b) MEMBERSHIP.—The Task Force shall be composed 
of, at a minimum, representatives from— 
(1) Department of Transportation; 
(2) Department of Justice, including the Federal 
Bureau of Investigation, Office of Victims for Crimes, 
and the Office on Violence Against Women; 
(3) National organizations that specialize in 
providing services to sexual assault victims; 
(4) labor organizations that represent flight at-
tendants; 
(5) labor organizations that represent pilots; 
(6) airports; 
(7) air carriers; 
(8) State and local law enforcement agencies; 
and 
(9) such other Federal agencies and stakeholder 
organizations as the Secretary of Transportation con-
siders appropriate.
240 
(5) review and utilize first-hand accounts from 
passengers who have experienced sexual misconduct 
onboard aircraft; and 
(6) other matters deemed necessary by the Task 
Force. 
(d) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Task Force shall submit a report 
with its recommendations and findings developed pursuant 
to subsection (c) to the Secretary of Transportation. 
(e) PLAN.—Not later than 180 days after receiving the 
report required under subsection (d) the Secretary of Trans-
portation, in coordination with relevant federal agencies, 
shall submit to appropriate committees of Congress a plan 
to address the recommendations in the report required 
under subsection (d). The Secretary of Transportation shall 
make changes to guidance, policies and regulations, as nec-
essary, within 1 year of submitting the plan required in 
this subsection. 
(f) REGULATIONS.—Not later than 1 year after sub-
mitting the plan required in this subsection, the Secretary 
of Transportation may issue regulations as deemed nec-
essary to require each air carrier and other covered entity 
to develop a policy concerning sexual misconduct in accord-
ance with the recommendations and findings of the Task 
Force under subsection (c).
241 
(g) SUNSET.—The Task Force established pursuant to 
subsection (a) shall terminate upon the submission of the 
report pursuant to subsection (d). 
SEC. 
339B. 
REPORTING 
PROCESS 
FOR 
SEXUAL 
MIS-
CONDUCT ONBOARD AIRCRAFT. 
(a) IN GENERAL.—Not later than two years after the 
date of the enactment of this Act, the Attorney General, in 
coordination with relevant Federal agencies, shall establish 
a streamlined process, based on the plan required under sec-
tion 339A(e) of this Act, for individuals involved in inci-
dents of alleged sexual misconduct onboard aircraft to re-
port such allegations of sexual misconduct to law enforce-
ment in a manner that protects the privacy and confiden-
tiality of individuals involved in such allegations. 
(b) AVAILABILITY
OF
REPORTING
PROCESS.—The 
process for reporting established under subsection (a) shall 
be made available to the public on the primary Internet 
websites of— 
(1) the Office for Victims of Crime and the Office 
on Violence Against Women of the Department of Jus-
tice; 
(2) the Federal Bureau of Investigation; and 
(3) the Department of Transportation.
242 
Subtitle B—Unmanned Aircraft 
Systems 
SEC. 341. DEFINITIONS; INTEGRATION OF CIVIL UNMANNED 
AIRCRAFT SYSTEMS INTO NATIONAL AIR-
SPACE SYSTEM. 
(a) IN GENERAL.—Part A of subtitle VII of title 49, 
United States Code, is amended by inserting after chapter 
447 the following: 
‘‘CHAPTER 448—UNMANNED AIRCRAFT 
SYSTEMS 
‘‘Sec. 
‘‘44801. Definitions. 
‘‘44802. Integration of civil unmanned aircraft systems into national airspace 
system. 
‘‘§ 44801. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) ACTIVELY TETHERED UNMANNED AIRCRAFT 
SYSTEM.—The term ‘actively tethered unmanned air-
craft system’ means an unmanned aircraft system in 
which the unmanned aircraft component— 
‘‘(A) weighs 4.4 pounds or less, including 
payload but not including the tether; 
‘‘(B) is physically attached to a ground sta-
tion with a taut, appropriately load-rated tether 
that provides continuous power to the unmanned 
aircraft and is unlikely to be separated from the 
unmanned aircraft; and
243 
‘‘(C) is controlled and retrieved by such 
ground station through physical manipulation of 
the tether. 
‘‘(2) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘appropriate committees of Con-
gress’ means the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
Representatives. 
‘‘(3) ARCTIC.—The term ‘Arctic’ means the 
United States zone of the Chukchi Sea, Beaufort Sea, 
and Bering Sea north of the Aleutian chain. 
‘‘(4) 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. 
‘‘(5) 
COUNTER-UAS 
SYSTEM.—The 
term 
‘counter-UAS system’ means a system or device capa-
ble of lawfully and safely disabling, disrupting, or 
seizing control of an unmanned aircraft or unmanned 
aircraft system. 
‘‘(6) PERMANENT AREAS.—The term ‘permanent 
areas’ means areas on land or water that provide for
244 
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. 
‘‘(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, 
structures on the ground, and other objects. 
‘‘(9) SMALL
UNMANNED
AIRCRAFT.—The term 
‘small unmanned aircraft’ means an unmanned air-
craft weighing less than 55 pounds, including the 
weight of anything attached to or carried by the air-
craft. 
‘‘(10) TEST
RANGE.—The term ‘test range’ 
means a defined geographic area where research and 
development are conducted as authorized by the Ad-
ministrator of the Federal Aviation Administration, 
and includes any of the 6 test ranges established by 
the Administrator 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
245 
of enactment of the FAA Reauthorization Act of 2018, 
and any public entity authorized by the Federal 
Aviation Administration as an unmanned aircraft 
system flight test center before January 1, 2009. 
‘‘(11) 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. 
‘‘(12) 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-
manned aircraft) that are required for the operator to 
operate safely and efficiently in the national airspace 
system. 
‘‘(13) UTM.—The term ‘UTM’ means an un-
manned aircraft system traffic management system or 
service. 
‘‘§ 44802. 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-
246 
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— 
‘‘(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
248 
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 
system, as coordinated by the Unmanned Aircraft 
Program Office of the Administration. The Secretary 
shall update, in coordination with the Administrator 
of the National Aeronautics and Space Administra-
tion (NASA) and relevant stakeholders, including 
those in industry and academia, the roadmap annu-
ally. The roadmap shall include, at a minimum— 
‘‘(A) cost estimates, planned schedules, and 
performance 
benchmarks, 
including 
specific 
tasks, milestones, and timelines, for unmanned 
aircraft systems integration into the national 
airspace system, including an identification of—
249 
‘‘(i) the role of the unmanned aircraft 
systems test ranges established under sub-
section (c) and the Unmanned Aircraft Sys-
tems Center of Excellence; 
‘‘(ii) performance objectives for un-
manned aircraft systems that operate in the 
national airspace system; and 
‘‘(iii) research and development prior-
ities for tools that could assist air traffic 
controllers as unmanned aircraft systems 
are integrated into the national airspace 
system, as appropriate; 
‘‘(B) a description of how the Administra-
tion plans to use research and development, in-
cluding research and development conducted 
through NASA’s Unmanned Aircraft Systems 
Traffic Management initiatives, to accommodate, 
integrate, and provide for the evolution of un-
manned aircraft systems in the national air-
space system; 
‘‘(C) an assessment of critical performance 
abilities necessary to integrate unmanned air-
craft systems into the national airspace system, 
and how these performance abilities can be dem-
onstrated; and
250 
‘‘(D) an update on the advancement of tech-
nologies needed to integrate unmanned aircraft 
systems into the national airspace system, in-
cluding decisionmaking by adaptive systems, 
such as sense-and-avoid capabilities and cyber 
physical systems security. 
‘‘(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 44807; 
‘‘(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.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
251 
(1) TABLE OF CHAPTERS.—The table of chapters 
for subtitle VII of title 49, United States Code, is 
amended by inserting after the item relating to chap-
ter 447 the following: 
‘‘448 . Unmanned aircraft systems ................................................................ 44801’’. 
(2) REPEAL.—Section 332 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 are repealed. 
SEC. 342. 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 described in sec-
tion 44802 of title 49, United States Code, to develop a con-
cept of operations for the integration of unmanned aircraft 
into the national airspace system. 
(b) CONSIDERATIONS.—In carrying out the update 
under subsection (a), the Secretary shall consider, at a min-
imum— 
(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; 
(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;
252 
(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 under subsection (a) in consultation with represent-
atives of the aviation industry, Federal agencies that em-
ploy unmanned aircraft systems technology in the national 
airspace system, and the unmanned aircraft systems indus-
try. 
(d) PROGRAM ALIGNMENT REPORT.—Not later than 
90 days after the date of enactment of this Act, the Sec-
retary shall submit to the appropriate committees of Con-
gress, a report that describes a strategy to— 
(1) avoid duplication; 
(2) leverage capabilities learned across programs; 
(3) support the safe integration of UAS into the 
national airspace; and 
(4) systematically and timely implement or exe-
cute—
253 
(A) commercially-operated Low Altitude 
Authorization and Notification Capability; 
(B) the Unmanned Aircraft System Inte-
gration Pilot Program; and 
(C) the Unmanned Traffic Management 
Pilot Program. 
SEC. 343. UNMANNED AIRCRAFT TEST RANGES. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, as added by this Act, is further amended by 
adding at the end the following: 
‘‘§ 44803. Unmanned aircraft test ranges 
‘‘(a) IN GENERAL.—The Administrator of the Federal 
Aviation Administration shall carry out and update, as ap-
propriate, a program for the use of the test ranges to facili-
tate the safe integration of unmanned aircraft systems into 
the national airspace system. 
‘‘(b) PROGRAM REQUIREMENTS.—In carrying out 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 ranges;
254 
‘‘(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 test range operators, as necessary 
and within available resources, in projects for re-
search, development, testing, and evaluation of un-
manned aircraft systems to facilitate the Federal 
Aviation Administration’s development of standards 
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) providing for alerts by the manufac-
turer of an unmanned aircraft system regarding
255 
any hazards or limitations on flight, including 
prohibition on flight as necessary; 
‘‘(C) sense and avoid capabilities; 
‘‘(D) beyond-visual-line-of-sight operations, 
nighttime operations, operations over people, op-
eration of multiple small unmanned aircraft sys-
tems, and unmanned aircraft systems traffic 
management, or other critical research priorities; 
and 
‘‘(E) improving privacy protections through 
the use of advances in unmanned aircraft sys-
tems technology; 
‘‘(8) coordinate periodically with all test range 
operators to ensure test range operators know which 
data should be collected, what procedures should be 
followed, and what research would advance efforts to 
safely integrate unmanned aircraft systems into the 
national airspace system; 
‘‘(9) streamline to the extent practicable the ap-
proval process for test ranges when processing un-
manned aircraft certificates of waiver or authoriza-
tion for operations at the test sites; 
‘‘(10) require each test range operator to protect 
proprietary technology, sensitive data, or sensitive re-
search of any civil or private entity when using that
256 
test range without the need to obtain an experimental 
or special airworthiness certificate; 
‘‘(11) allow test range operators to receive Fed-
eral funding, other than from the Federal Aviation 
Administration, 
including 
in-kind 
contributions, 
from test range participants in the furtherance of re-
search, development, and testing objectives. 
‘‘(c) WAIVERS.—In carrying out this section the Ad-
ministrator may waive the requirements of section 44711 
of title 49, United States Code, including related regula-
tions, to the extent consistent with aviation safety. 
‘‘(d) REVIEW OF OPERATIONS BY TEST RANGE OPERA-
TORS.—The operator of each test range under subsection (a) 
shall— 
‘‘(1) review the operations of unmanned aircraft 
systems conducted at the test range, 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 ranges that contribute to the Federal 
Aviation Administration’s safe integration of un-
257 
manned aircraft systems into the national airspace 
system, on a quarterly basis until the program termi-
nates. 
‘‘(e) TESTING.—The Secretary of Transportation may 
authorize an operator of a test range described in subsection 
(a) to administer testing requirements established by the 
Administrator for unmanned aircraft systems operations. 
‘‘(f) COLLABORATIVE RESEARCH AND DEVELOPMENT 
AGREEMENTS.—The Administrator may use the other 
transaction authority under section 106(l)(6) and enter 
into collaborative research and development agreements, to 
direct research related to unmanned aircraft systems, in-
cluding at any test range under subsection (a), and in co-
ordination with the Center of Excellence for Unmanned 
Aircraft Systems. 
‘‘(g) USE
OF CENTER
OF EXCELLENCE
FOR UN-
MANNED AIRCRAFT SYSTEMS.—The Administrator, in car-
rying out research necessary to implement the consensus 
safety standards requirements in section 44805 shall, to the 
maximum extent practicable, leverage the research and test-
ing capacity and capabilities of the Center of Excellence 
for Unmanned Aircraft Systems and the test ranges. 
‘‘(h) TERMINATION.—The program under this section 
shall terminate on September 30, 2023.’’.
258 
(b) TABLE OF CONTENTS.—The table of contents for 
chapter 448, as added by this Act, is further amended by 
adding at the end the following: 
‘‘44803. Unmanned aircraft system test ranges.’’. 
SEC. 344. SMALL UNMANNED AIRCRAFT IN THE ARCTIC. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, as added by this Act, is further amended by 
adding at the end the following: 
‘‘§ 44804. Small unmanned aircraft 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 small unmanned aircraft beyond the vis-
ual line of sight. 
‘‘(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.
259 
‘‘(e) AIRCRAFT APPROVAL.— 
‘‘(1) IN
GENERAL.—Subject to paragraph (2), 
not later than 1 year after the entry into force of an 
agreement necessary to effectuate the purposes of this 
section, the Secretary shall work with relevant na-
tional and international communities to establish and 
implement a process for approving the use of a small 
unmanned aircraft in the designated permanent areas 
in the Arctic without regard to whether the small un-
manned aircraft is used as a public aircraft, a civil 
aircraft, or a model aircraft. 
‘‘(2) EXISTING
PROCESS.—The Secretary may 
implement an existing process to meet the require-
ments under paragraph (1).’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
chapter 448 of title 49, United States Code, as added by 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘44804. Small unmanned aircraft in the Arctic.’’. 
SEC. 345. SMALL UNMANNED AIRCRAFT SAFETY STAND-
ARDS. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, as added by this Act, is further amended by 
adding at the end the following:
260 
‘‘§ 44805. Small Unmanned aircraft safety standards 
‘‘(a) FAA PROCESS FOR ACCEPTANCE AND AUTHOR-
IZATION.—The Administrator of the Federal Aviation Ad-
ministration shall establish a process for— 
‘‘(1) accepting risk-based consensus safety stand-
ards related to the design, production, and modifica-
tion of small unmanned aircraft systems; 
‘‘(2) authorizing the operation of small un-
manned aircraft system make and model designed, 
produced, or modified in accordance with the con-
sensus safety standards accepted under paragraph 
(1); 
‘‘(3) authorizing a manufacturer to self-certify a 
small unmanned aircraft system make or model that 
complies with consensus safety standards accepted 
under paragraph (1); and 
‘‘(4) certifying a manufacturer of small un-
manned aircraft systems, or an employee of such 
manufacturer, that has demonstrated compliance with 
the consensus safety standards accepted under para-
graph (1) and met any other qualifying criteria, as 
determined by the Administrator, to alternatively sat-
isfy the requirements of paragraph (1). 
‘‘(b) CONSIDERATIONS.—Before accepting consensus 
safety standards under subsection (a), the Administrator of
261 
the Federal Aviation Administration shall consider the fol-
lowing: 
‘‘(1) Technologies or standards related to geo-
graphic limitations, altitude limitations, and sense 
and avoid capabilities. 
‘‘(2) Using performance-based requirements. 
‘‘(3) Assessing varying levels of risk posed by dif-
ferent small unmanned aircraft systems and their op-
eration and tailoring performance-based requirements 
to appropriately mitigate risk. 
‘‘(4) 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. 
‘‘(5) Detectability and identifiability to pilots, 
the Federal Aviation Administration, and air traffic 
controllers, as appropriate. 
‘‘(6) Means to prevent tampering with or modi-
fication of any system, limitation, or other safety 
mechanism or standard under this section or any 
other provision of law, including a means to identify 
any tampering or modification that has been made. 
‘‘(7) Consensus identification standards under 
section 2202 of the FAA Extension, Safety, and Secu-
262 
rity Act of 2016 (Public Law 114–190; 130 Stat. 
615). 
‘‘(8) To the extent not considered previously by 
the consensus body that crafted consensus safety 
standards, cost-benefit and risk analyses of consensus 
safety standards that may be accepted pursuant to 
subsection (a) for newly designed small unmanned 
aircraft systems. 
‘‘(9) Applicability of consensus safety standards 
to small unmanned aircraft systems that are not 
manufactured commercially. 
‘‘(10) Any technology or standard related to 
small unmanned aircraft systems that promotes avia-
tion safety. 
‘‘(11) Any category of unmanned aircraft sys-
tems that should be exempt from the consensus safety 
standards based on risk factors. 
‘‘(e) NONAPPLICABILITY OF OTHER LAWS.—The proc-
ess for authorizing the operation of small unmanned air-
craft systems under subsection (a) may allow for operation 
of any applicable small unmanned aircraft systems within 
the national airspace system without requiring— 
‘‘(1) airworthiness certification requirements 
under section 44704 of this title; or
263 
‘‘(2) type certification under part 21 of title 14, 
Code of Federal Regulations. 
‘‘(f) REVOCATION.—The Administrator may suspend 
or revoke the authorizations in subsection (a) if the Admin-
istrator determines that the manufacturer or the small un-
manned aircraft system is no longer in compliance with 
the standards accepted by the Administrator under sub-
section (a)(1) or with the manufacturer’s statement of com-
pliance under subsection (h). 
‘‘(g) REQUIREMENTS.—With regard to an authoriza-
tion under the processes in subsection (a), the Adminis-
trator may require a manufacturer of small unmanned air-
craft systems to provide the Federal Aviation Administra-
tion with the following: 
‘‘(1) The aircraft system’s operating instructions. 
‘‘(2) The aircraft system’s recommended mainte-
nance and inspection procedures. 
‘‘(3) The manufacturer’s statement of compliance 
described in subsection (h). 
‘‘(4) Upon request, a sample aircraft to be in-
spected by the Federal Aviation Administration to en-
sure compliance with the consensus safety standards 
accepted by the Administrator under subsection (a).
264 
‘‘(h) MANUFACTURER’S STATEMENT OF COMPLIANCE 
FOR SMALL UAS.—A manufacturer’s statement of compli-
ance shall— 
‘‘(1) identify the aircraft make, model, range of 
serial numbers, and any applicable consensus safety 
standards used and accepted by the Administrator; 
‘‘(2) state that the aircraft make and model 
meets the provisions of the consensus safety standards 
identified in paragraph (1); 
‘‘(3) state that the aircraft make and model con-
forms to the manufacturer’s design data and is manu-
factured in a way that ensures consistency across 
units in the production process in order to meet the 
applicable consensus safety standards accepted by the 
Administrator; 
‘‘(4) state that the manufacturer will make 
available to the Administrator, operators, or cus-
tomers— 
‘‘(A) the aircraft’s operating instructions, 
which conform to the consensus safety standards 
identified in paragraph (1); and 
‘‘(B) the aircraft’s recommended mainte-
nance and inspection procedures, which conform 
to the consensus safety standards identified in 
paragraph (1);
265 
‘‘(5) state that the manufacturer will monitor 
safety-of-flight issues and take action to ensure it 
meets the consensus safety standards identified in 
paragraph (1) and report these issues and subsequent 
actions to the Administrator; 
‘‘(6) state that at the request of the Adminis-
trator, the manufacturer will provide reasonable ac-
cess for the Administrator to its facilities for the pur-
poses of overseeing compliance with this section; and 
‘‘(7) state that the manufacturer, in accordance 
with the consensus safety standards accepted by the 
Federal Aviation Administration, 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. 
‘‘(i) PROHIBITIONS.— 
‘‘(1) FALSE STATEMENTS OF COMPLIANCE.—It 
shall be unlawful for any person to knowingly submit 
a statement of compliance described in subsection (h) 
that is fraudulent or intentionally false. 
‘‘(2) INTRODUCTION
INTO
INTERSTATE
COM-
MERCE.—Unless the Administrator determines oper-
266 
ation of an unmanned aircraft system may be con-
ducted without an airworthiness certificate or permis-
sion, authorization, or approval under subsection (a), 
it shall be unlawful for any person to knowingly in-
troduce or deliver for introduction into interstate 
commerce any small unmanned aircraft system that 
is manufactured after the date that the Administrator 
accepts consensus safety standards under this section 
unless— 
‘‘(A) the make and model has been author-
ized for operation under subsection (a); or 
‘‘(B) the aircraft has alternatively received 
design and production approval issued by the 
Federal Aviation Administration. 
‘‘(j) EXCLUSIONS.—The Administrator may exempt 
from the requirements of this section small unmanned air-
craft systems that are not capable of navigating beyond the 
visual line of sight of the operator through advanced flight 
systems and technology, if the Administrator determines 
that such an exemption does not pose a risk to the safety 
of the national airspace system.’’. 
(b) UNMANNED AIRCRAFT SYSTEMS RESEARCH FACIL-
ITY.—The Center of Excellence for Unmanned Aircraft Sys-
tems shall establish an unmanned aircraft systems research 
facility to study appropriate safety standards for un-
267 
manned aircraft systems and to validate such standards, 
as directed by the Administrator of the Federal Aviation 
Administration, consistent with section 44805 of title 49, 
United States Code, as added by this section. 
(c) TABLE OF CONTENTS.—The table of contents for 
chapter 448 of title 49, United States Code, as added by 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘44805. Small unmanned aircraft safety standards.’’. 
SEC. 346. PUBLIC UNMANNED AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, as added by this Act, is further amended by 
adding at the end the following: 
‘‘§ 44806. 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 and expedite the process for 
the issuance of a certificate of authorization or a cer-
tificate of waiver; 
‘‘(2) 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
269 
‘‘(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 4.4 
pounds or less if that unmanned aircraft is oper-
ated— 
‘‘(i) within or beyond the visual 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. 
‘‘(c) PUBLIC ACTIVELY TETHERED UNMANNED AIR-
CRAFT SYSTEMS.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator of the Federal Aviation Administration shall 
permit the use of, and may issue guidance regarding, 
the use of public actively tethered unmanned aircraft 
systems that are—
270 
‘‘(A) operated at an altitude of less than 
150 feet above ground level; 
‘‘(B) operated— 
‘‘(i) within class G airspace; or 
‘‘(ii) at or below the ceiling depicted on 
the Federal Aviation Administration’s pub-
lished UAS facility maps for class B, C, D, 
or E surface area airspace; 
‘‘(C) not flown directly over non-partici-
pating persons; 
‘‘(D) operated within visual line of sight of 
the operator; and 
‘‘(E) operated in a manner that does not 
interfere with and gives way to any other air-
craft. 
‘‘(2) REQUIREMENTS.—Public actively tethered 
unmanned aircraft systems may be operated — 
‘‘(A) without any requirement to obtain a 
certificate of authorization, certificate of waiver, 
or other approval by the Federal Aviation Ad-
ministration; 
‘‘(B) without requiring airman certification 
under section 44703 of this title or any rule or 
regulation relating to airman certification; and
271 
‘‘(C) without requiring airworthiness cer-
tification under section 44704 of this title or any 
rule or regulation relating to aircraft certifi-
cation. 
‘‘(3) SAFETY STANDARDS.—Public actively teth-
ered unmanned aircraft systems operated within the 
scope of the guidance issued pursuant to paragraph 
(1) shall be exempt from the requirements of section 
44805 of this title. 
‘‘(4) SAVINGS PROVISION.—Nothing in this sub-
section shall be construed to preclude the Adminis-
trator of the Federal Aviation Administration from 
issuing new regulations for public actively tethered 
unmanned aircraft systems in order to ensure the 
safety of the national airspace system. 
‘‘(d) FEDERAL AGENCY COORDINATION TO ENHANCE 
THE PUBLIC HEALTH AND SAFETY CAPABILITIES OF PUB-
LIC UNMANNED AIRCRAFT SYSTEMS.—The Administrator 
shall assist Federal civilian Government agencies that oper-
ate unmanned aircraft systems within civil-controlled air-
space, in operationally deploying and integrating sense and 
avoid capabilities, as necessary to operate unmanned air-
craft systems safely within the national airspace system.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
272 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448 of title 49, United States Code, as 
added by this Act, is further amended by adding at 
the end the following: 
‘‘44806. 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. 
(3) 
FACILITATING
INTERAGENCY
COOPERA-
TION.—Section 2204(a) of the FAA Extension, Safety, 
and Security Act of 2016 (Public Law 114-190; 130 
Stat. 615) is amended by striking ‘‘section 334(c) of 
the FAA Modernization and Reform Act of 2012 (49 
U.S.C. 40101 note)’’ and inserting ‘‘section 44806 of 
title 49, United States Code’’. 
SEC. 347. SPECIAL AUTHORITY FOR CERTAIN UNMANNED 
AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, as added by this Act, is further amended by 
adding at the end the following: 
‘‘§ 44807. Special authority for certain unmanned air-
craft systems 
‘‘(a) IN GENERAL.—Notwithstanding any other re-
quirement of this chapter, the Secretary of Transportation
273 
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 44802 
or the guidance required by section 44806. 
‘‘(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, operation over people, and operation 
within or beyond the visual line of sight, or operation 
during the day or night, do 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
274 
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) SUNSET.—The authority under this section for 
the Secretary to determine if certain unmanned aircraft 
systems may operate safely in the national airspace system 
terminates effective September 30, 2023.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448, as added by this Act, is further 
amended by adding at the end the following: 
‘‘44807. Special authority 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. 348. CARRIAGE OF PROPERTY BY SMALL UNMANNED 
AIRCRAFT SYSTEMS FOR COMPENSATION OR 
HIRE. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, as added by this Act, is further amended by 
adding at the end the following:
275 
‘‘§ 44808. Carriage of property by small unmanned 
aircraft systems for compensation or hire 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the FAA Reauthorization Act of 2018, 
the Administrator of the Federal Aviation Administration 
shall update existing regulations to authorize the carriage 
of property by operators of small unmanned aircraft sys-
tems for compensation or hire within the United States. 
‘‘(b) CONTENTS.—Any rulemaking conducted under 
subsection (a) shall provide for the following: 
‘‘(1) Use performance-based requirements. 
‘‘(2) Consider varying levels of risk to other air-
craft and to persons and property on the ground 
posed by different unmanned aircraft systems and 
their operation and tailor performance-based require-
ments to appropriately mitigate risk. 
‘‘(3) Consider the unique characteristics of highly 
automated, small unmanned aircraft systems. 
‘‘(4) Include requirements for the safe operation 
of small unmanned aircraft systems that, at a min-
imum, address— 
‘‘(A) airworthiness of small unmanned air-
craft systems; 
‘‘(B) qualifications for operators and the 
type and nature of the operations;
276 
‘‘(C) operating specifications governing the 
type and nature of the unmanned aircraft sys-
tem air carrier operations; and 
‘‘(D) the views of State, local, and tribal of-
ficials related to potential impacts of the car-
riage of property by operators of small un-
manned aircraft systems for compensation or 
hire within the communities to be served. 
‘‘(5) SMALL UAS.—The Secretary may amend 
part 298 of title 14, Code of Federal Regulations, to 
update existing regulations to establish economic au-
thority for the carriage of property by small un-
manned aircraft systems for compensation or hire. 
Such authority shall only require— 
‘‘(A) registration with the Department of 
Transportation; 
‘‘(B) authorization from the Federal Avia-
tion Administration to conduct operations; and 
‘‘(C) compliance with chapters 401, 411, 
and 417. 
‘‘(6) AVAILABILITY OF CURRENT CERTIFICATION 
PROCESSES.—Pending completion of the rulemaking 
required in subsection (a) of this section, a person 
may seek an air carrier operating certificate and cer-
tificate of public convenience and necessity, or an ex-
277 
emption from such certificate, using existing proc-
esses.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
chapter 448 of title 49, United States Code, as added by 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘44808. Carriage of property by small unmanned aircraft systems for compensa-
tion or hire.’’. 
SEC. 349. EXCEPTION FOR LIMITED RECREATIONAL OPER-
ATIONS OF UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, as added by this Act, is further amended by 
adding at the end the following: 
‘‘§ 44809. Exception for limited recreational oper-
ations of unmanned aircraft 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(e), and notwithstanding chapter 447 of title 49, United 
States Code, a person may operate a small unmanned air-
craft without specific certification or operating authority 
from the Federal Aviation Administration if the operation 
adheres to all of the following limitations: 
‘‘(1) The aircraft is flown strictly for rec-
reational purposes. 
‘‘(2) The aircraft is operated in accordance with 
or within the programming of a community-based or-
ganization’s set of safety guidelines that are developed
278 
in coordination with the Federal Aviation Adminis-
tration. 
‘‘(3) The aircraft is flown within the visual line 
of sight of the person operating the aircraft or a vis-
ual observer co-located and in direct communication 
with the operator. 
‘‘(4) The aircraft is operated in a manner that 
does not interfere with and gives way to any manned 
aircraft. 
‘‘(5) In Class B, Class C, or Class D airspace or 
within the lateral boundaries of the surface area of 
Class E airspace designated for an airport, the oper-
ator obtains prior authorization from the Adminis-
trator or designee before operating and complies with 
all airspace restrictions and prohibitions. 
‘‘(6) In Class G airspace, the aircraft is flown 
from the surface to not more than 400 feet above 
ground level and complies with all airspace restric-
tions and prohibitions. 
‘‘(7) The operator has passed an aeronautical 
knowledge and safety test described in subsection (g) 
and maintains proof of test passage to be made avail-
able to the Administrator or law enforcement upon re-
quest.
279 
‘‘(8) The aircraft is registered and marked in ac-
cordance with chapter 441 of this title and proof of 
registration is made available to the Administrator or 
a designee of the Administrator or law enforcement 
upon request. 
‘‘(b) OTHER OPERATIONS.—Unmanned aircraft oper-
ations that do not conform to the limitations in subsection 
(a) must comply with all statutes and regulations generally 
applicable to unmanned aircraft and unmanned aircraft 
systems. 
‘‘(c) OPERATIONS AT FIXED SITES.— 
‘‘(1) OPERATING PROCEDURE REQUIRED.—Per-
sons operating unmanned aircraft under subsection 
(a) from a fixed site within Class B, Class C, or Class 
D airspace or within the lateral boundaries of the 
surface area of Class E airspace designated for an 
airport, or a community-based organization con-
ducting a sanctioned event within such airspace, shall 
make the location of the fixed site known to the Ad-
ministrator and shall establish a mutually agreed 
upon operating procedure with the air traffic control 
facility. 
‘‘(2) UNMANNED
AIRCRAFT
WEIGHING
MORE 
THAN 55 POUNDS.—A person may operate an un-
manned aircraft weighing more than 55 pounds, in-
280 
cluding the weight of anything attached to or carried 
by the aircraft, under subsection (a) if— 
‘‘(A) the unmanned aircraft complies with 
standards and limitations developed by a com-
munity-based organization and approved by the 
Administrator; and 
‘‘(B) the aircraft is operated from a fixed 
site as described in paragraph (1). 
‘‘(d) UPDATES.— 
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with government, stakeholders, and commu-
nity-based organizations, shall initiate a process to 
periodically update the operational parameters under 
subsection (a), as appropriate. 
‘‘(2) CONSIDERATIONS.—In updating an oper-
ational parameter under paragraph (1), the Adminis-
trator shall consider— 
‘‘(A) appropriate operational limitations to 
mitigate risks to aviation safety and national se-
curity, including risk to the uninvolved public 
and critical infrastructure; 
‘‘(B) operations outside the membership, 
guidelines, and programming of a community- 
based organization;
281 
‘‘(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; 
‘‘(E) ensuring, to the greatest extent prac-
ticable, that updates to the operational param-
eters correspond to, and leverage, advances in 
technology; and 
‘‘(F) equipage requirements that facilitate 
safe, efficient, and secure operations and further 
integrate all unmanned aircraft into the na-
tional airspace system. 
‘‘(3) SAVINGS
CLAUSE.—Nothing in this sub-
section shall be construed as expanding the authority 
of the Administrator to require a person operating an 
unmanned aircraft under this section to seek permis-
sive authority of the Administrator, beyond that re-
quired in subsection (a) of this section, prior to oper-
ation in the national airspace system. 
‘‘(e) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Admin-
istrator to pursue an enforcement action against a person 
operating any unmanned aircraft who endangers the safety 
of the national airspace system.
282 
‘‘(f) EXCEPTIONS.—Nothing in this section prohibits 
the Administrator from promulgating rules generally appli-
cable to unmanned aircraft, including those unmanned air-
craft eligible for the exception set forth in this section, relat-
ing to— 
‘‘(1) updates to the operational parameters for 
unmanned aircraft in subsection (a); 
‘‘(2) the registration and marking of unmanned 
aircraft; 
‘‘(3) the standards for remotely identifying own-
ers and operators of unmanned aircraft systems and 
associated unmanned aircraft; and 
‘‘(4) other standards consistent with maintain-
ing the safety and security of the national airspace 
system. 
‘‘(g) 
AERONAUTICAL
KNOWLEDGE
AND
SAFETY 
TEST.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Admin-
istrator, in consultation with manufacturers of un-
manned aircraft systems, other industry stakeholders, 
and community-based organizations, shall develop an 
aeronautical knowledge and safety test, which can 
then be administered electronically by the Adminis-
283 
trator, a community-based organization, or a person 
designated by the Administrator. 
‘‘(2) REQUIREMENTS.—The Administrator shall 
ensure the aeronautical knowledge and safety test is 
designed to adequately demonstrate an operator’s— 
‘‘(A) understanding of aeronautical safety 
knowledge; and 
‘‘(B) knowledge of Federal Aviation Admin-
istration regulations and requirements per-
taining to the operation of an unmanned air-
craft system in the national airspace system. 
‘‘(h) COMMUNITY-BASED ORGANIZATION DEFINED.— 
In this section, the term ‘community-based organization’ 
means a membership-based association 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 
the assembly and operation of model aircraft and that 
emphasize safe aeromodelling operations within the 
national airspace system and the protection and safe-
284 
ty of individuals and property on the ground, and 
may provide a comprehensive set of safety rules and 
programming for the operation of unmanned aircraft 
that have the advanced flight capabilities enabling ac-
tive, sustained, and controlled navigation of the air-
craft beyond visual line of sight of the operator; 
‘‘(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. 
‘‘(i) RECOGNITION OF COMMUNITY-BASED ORGANIZA-
TIONS.—In collaboration with aeromodelling stakeholders, 
the Administrator shall publish an advisory circular within 
180 days of the date of enactment of this section that identi-
fies the criteria and process required for recognition of com-
munity-based organizations.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448 of title 49, United States Code, as 
added by this Act, is further amended by adding at 
the end the following: 
‘‘44809. Exception for limited recreational operations of unmanned aircraft.’’. 
(2) REPEAL.—Section 336 of the FAA Mod-
ernization and Reform Act of 2012 (49 U.S.C. 40101
285 
note) and the item relating to that section in the table 
of contents under section 1(b) of that Act are repealed. 
SEC. 350. USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTI-
TUTIONS OF HIGHER EDUCATION. 
(a) EDUCATIONAL AND RESEARCH PURPOSES.—For 
the purposes of section 44809 of title 49, United States 
Code, as added by this Act, a ‘‘recreational purpose’’ as dis-
tinguished in subsection (a)(1) of such section shall include 
an unmanned aircraft system operated by an institution 
of higher education for educational or research purposes. 
(b) UPDATES.—In updating an operational parameter 
under subsection (d)(1) of such section for unmanned air-
craft systems operated by an institution of higher education 
for educational or research purposes, the Administrator 
shall consider— 
(1) use of small unmanned aircraft systems and 
operations at an accredited institution of higher edu-
cation, for educational or research purposes, as a 
component of the institution’s curricula or research; 
(2) the development of streamlined, risk-based 
operational approval for unmanned aircraft systems 
operated by institutions of higher education; and 
(3) the airspace and aircraft operators that may 
be affected by such operations at the institution of 
higher education.
286 
(c) DEADLINE FOR ESTABLISHMENT OF PROCEDURES 
AND STANDARDS.—Not later than 270 days after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration may establish regulations, proce-
dures, and standards, as necessary, to facilitate the safe op-
eration of unmanned aircraft systems operated by institu-
tions of higher education for educational or research pur-
poses. 
(d) DEFINITIONS.—In this section: 
(1) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given to that term by section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)). 
(2) EDUCATIONAL OR RESEARCH PURPOSES.— 
The term ‘‘education 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; 
(B) academic or research related uses of un-
manned aircraft systems that have been ap-
proved by the institution, including Federal re-
search; 
(C) activities undertaken by the institution 
as part of research projects, including research
287 
projects sponsored by the Federal Government; 
and 
(D) other academic activities approved by 
the institution. 
(e) STATUTORY CONSTRUCTION.— 
(1) ENFORCEMENT.—Nothing in this section 
shall be construed to limit the authority of the Ad-
ministrator to pursue an enforcement action against 
a person operating any unmanned aircraft who en-
dangers the safety of the national airspace system. 
(2) REGULATIONS AND STANDARDS.—Nothing in 
this section prohibits the Administrator from promul-
gating any rules or standards consistent with main-
taining the safety and security of the national air-
space system. 
SEC. 351. UNMANNED AIRCRAFT SYSTEMS INTEGRATION 
PILOT PROGRAM. 
(a) AUTHORITY.—The Secretary of Transportation 
may establish a pilot program to enable enhanced drone 
operations as required in the October 25, 2017 Presidential 
Memorandum entitled ‘‘Unmanned Aircraft Systems Inte-
gration Pilot Program’’ and described in 82 Federal Reg-
ister 50301. 
(b) APPLICATIONS.—The Secretary shall accept appli-
cations from State, local, and Tribal governments, in part-
288 
nership with unmanned aircraft system operators and other 
private-sector stakeholders, to test and evaluate the integra-
tion of civil and public UAS operations into the low-alti-
tude national airspace system. 
(c) OBJECTIVES.—The purpose of the pilot program is 
to accelerate existing UAS integration plans by working to 
solve technical, regulatory, and policy challenges, while ena-
bling advanced UAS operations in select areas subject to 
ongoing safety oversight and cooperation between the Fed-
eral Government and applicable State, local, or Tribal ju-
risdictions, in order to— 
(1) accelerate the safe integration of UAS into 
the NAS by testing and validating new concepts of be-
yond visual line of sight operations in a controlled 
environment, focusing on detect and avoid tech-
nologies, command and control links, navigation, 
weather, and human factors; 
(2) address ongoing concerns regarding the po-
tential security and safety risks associated with UAS 
operating in close proximity to human beings and 
critical infrastructure by ensuring that operators 
communicate more effectively with Federal, State, 
local, and Tribal law enforcement to enable law en-
forcement to determine if a UAS operation poses such 
a risk;
289 
(3) promote innovation in and development of 
the United States unmanned aviation industry, espe-
cially in sectors such as agriculture, emergency man-
agement, inspection, and transportation safety, in 
which there are significant public benefits to be 
gained from the deployment of UAS; and 
(4) identify the most effective models of bal-
ancing local and national interests in UAS integra-
tion. 
(d) APPLICATION SUBMISSION.—The Secretary shall 
establish application requirements and require applicants 
to include the following information: 
(1) Identification of the airspace to be used, in-
cluding shape files and altitudes. 
(2) Description of the types of planned oper-
ations. 
(3) Identification of stakeholder partners to test 
and evaluate planned operations. 
(4) Identification of available infrastructure to 
support planned operations. 
(5) Description of experience with UAS oper-
ations and regulations. 
(6) Description of existing UAS operator and 
any other stakeholder partnerships and experience.
290 
(7) Description of plans to address safety, secu-
rity, competition, privacy concerns, and community 
outreach. 
(e) MONITORING
AND ENFORCEMENT
OF LIMITA-
TIONS.— 
(1) IN GENERAL.—Monitoring and enforcement 
of any limitations enacted pursuant to this pilot 
project shall be the responsibility of the jurisdiction. 
(2) SAVINGS PROVISION.—Nothing in paragraph 
(1) may be construed to prevent the Secretary from 
enforcing Federal law. 
(3) EXAMPLES
OF
LIMITATIONS.—Limitations 
under this section may include— 
(A) prohibiting flight during specified 
morning and evening rush hours or only permit-
ting flight during specified hours such as day-
light hours, sufficient to ensure reasonable air-
space access; 
(B) establishing designated take-off and 
landing zones, limiting operations over moving 
locations or fixed site public road and parks, 
sidewalks or private property based on zoning 
density, or other land use considerations; 
(C) requiring notice to public safety or zon-
ing or land use authorities before operating; and
291 
(D) prohibiting operations in connection 
with community or sporting events that do not 
remain in one place (for example, parades and 
running events). 
(f) SELECTION CRITERIA.—In making determinations, 
the Secretary shall evaluate whether applications meet or 
exceed the following criteria: 
(1) Overall economic, geographic, and climatic 
diversity of the selected jurisdictions. 
(2) Overall diversity of the proposed models of 
government involvement. 
(3) Overall diversity of the UAS operations to be 
conducted. 
(4) The location of critical infrastructure. 
(5) The involvement of commercial entities in the 
proposal and their ability to advance objectives that 
may serve the public interest as a result of further in-
tegration of UAS into the NAS. 
(6) The involvement of affected communities in, 
and their support for, participating in the pilot pro-
gram. 
(7) The commitment of the governments and 
UAS operators involved in the proposal to comply 
with requirements related to national defense, home-
292 
land security, and public safety and to address com-
petition, privacy, and civil liberties concerns. 
(8) The commitment of the governments and 
UAS operators involved in the proposal to achieve the 
following policy objectives: 
(A) Promoting innovation and economic de-
velopment. 
(B) Enhancing transportation safety. 
(C) Enhancing workplace safety. 
(D) Improving emergency response and 
search and rescue functions. 
(E) Using radio spectrum efficiently and 
competitively. 
(g) IMPLEMENTATION.—The Secretary shall use the 
data collected and experience gained over the course of this 
pilot program to— 
(1) identify and resolve technical challenges to 
UAS integration; 
(2) address airspace use to safely and efficiently 
integrate all aircraft; 
(3) inform operational standards and procedures 
to improve safety (for example, detect and avoid ca-
pabilities, navigation and altitude performance, and 
command and control link);
293 
(4) inform FAA standards that reduce the need 
for waivers (for example, for operations over human 
beings, night operations, and beyond visual line of 
sight); and 
(5) address competing interests regarding UAS 
operational expansion, safety, security, roles and re-
sponsibilities of non-Federal Government entities, and 
privacy issues. 
(h) NOTIFICATION.—Prior to initiating any addi-
tional rounds of agreements with State, local, or Tribal gov-
ernments as part of the pilot program established under 
subsection (a), the Secretary shall notify the Committee on 
Transportation and Infrastructure and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Commerce, Science, and Transportation and 
the Committee on Appropriations in the Senate. 
(i) SUNSET.—The pilot program established under 
subsection (a) shall terminate 3 years after the date on 
which the memorandum referenced in subsection (a) is 
signed by the President. 
(j) SAVINGS CLAUSE.— Nothing in this section shall 
affect any proposals, selections, imposition of conditions, 
operations, or other decisions made— 
(1) under the pilot program developed by the 
Secretary of Transportation pursuant to the Presi-
294 
dential memorandum titled ‘‘Unmanned Aircraft 
Systems Integration Pilot Program’’, as published in 
the Federal Register on October 30, 2017 (82 Fed. 
Reg. 50301); and 
(2) prior to the date of enactment of this Act. 
(k) DEFINITIONS.—In this section: 
(1) The term ‘‘Lead Applicant’’ means an eligi-
ble State, local or Tribal government that has sub-
mitted a timely application. 
(2) The term ‘‘NAS’’ means the low-altitude na-
tional airspace system. 
(3) The term ‘‘UAS’’ means unmanned aircraft 
system. 
SEC. 352. PART 107 TRANSPARENCY AND TECHNOLOGY IM-
PROVEMENTS. 
(a) TRANSPARENCY.—Not later than 30 days after the 
date of enactment of this Act, the Administrator shall pub-
lish on the FAA website a representative sample of the safe-
ty justifications, offered by applicants for small unmanned 
aircraft system waivers and airspace authorizations, that 
have been approved by the Administration for each regula-
tion waived or class of airspace authorized, except that any 
published justification shall not reveal proprietary or com-
mercially sensitive information.
295 
(b) TECHNOLOGY IMPROVEMENTS.—Not later than 90 
days after the date of enactment of this Act, the Adminis-
trator shall revise the online waiver and certificates of au-
thorization processes— 
(1) to provide real time confirmation that an 
application filed online has been received by the Ad-
ministration; and 
(2) to provide an applicant with an opportunity 
to review the status of the applicant’s application. 
SEC. 353. EMERGENCY EXEMPTION PROCESS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the use of unmanned aircraft systems by civil and pub-
lic operators— 
(1) is an increasingly important tool in response 
to a catastrophe, disaster, or other emergency; 
(2) helps facilitate emergency response oper-
ations, such as firefighting and search and rescue; 
and 
(3) helps facilitate post-catastrophic response op-
erations, such as utility and infrastructure restora-
tion efforts and the safe and prompt processing, ad-
justment, and payment of insurance claims. 
(b) UPDATES.—The Administrator shall, as necessary, 
update and improve the Special Government Interest proc-
ess described in chapter 7 of Federal Aviation Administra-
296 
tion Order JO 7200.23A to ensure that civil and public op-
erators, including local law enforcement agencies and first 
responders, continue to use unmanned aircraft system oper-
ations quickly and efficiently in response to a catastrophe, 
disaster, or other emergency. 
(c) BEST PRACTICES.—The Administrator shall de-
velop best practices for the use of unmanned aircraft sys-
tems by States and localities to respond to a catastrophe, 
disaster, or other emergency response and recovery oper-
ation. 
SEC. 354. 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 FAA under title 49, United 
States Code. 
SEC. 355. 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.
297 
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. 356. AUTHORIZATION OF APPROPRIATIONS FOR KNOW 
BEFORE YOU FLY CAMPAIGN. 
There are authorized to be appropriated to the Admin-
istrator of the Federal Aviation Administration $1,000,000 
for each of fiscal years 2019 through 2023, out of funds 
made available under section 106(k), for the Know Before 
You Fly educational campaign or similar public informa-
tional efforts intended to broaden unmanned aircraft sys-
tems safety awareness. 
SEC. 357. UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY. 
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. 358. UAS PRIVACY REVIEW. 
(a) REVIEW.—The Comptroller General of the United 
States, in consideration of relevant efforts led by the Na-
tional Telecommunications and Information Administra-
298 
tion, shall carry out a review of the privacy issues and con-
cerns associated with the operation of unmanned aircraft 
systems in the national airspace system. 
(b) CONSULTATION.—In carrying out the review, the 
Comptroller General shall— 
(1) consult with the Department of Transpor-
tation and the National Telecommunications and In-
formation Administration of the Department of Com-
merce on its ongoing efforts responsive to the Presi-
dential memorandum titled ‘‘Promoting Economic 
Competitiveness While Safeguarding Privacy, Civil 
Rights, and Civil Liberties in Domestic Use of Un-
manned Aircraft Systems’’ and dated February 15, 
2015; 
(2) examine and identify the existing Federal, 
State, or relevant local laws that address an individ-
ual’s personal privacy; 
(3) identify specific issues and concerns that 
may limit the availability of civil or criminal legal 
remedies regarding inappropriate operation of un-
manned aircraft systems in the national airspace sys-
tem; 
(4) identify any deficiencies in Federal, State, or 
local privacy protections; and
299 
(5) provide recommendations to address any lim-
itations and deficiencies identified in paragraphs (3) 
and (4). 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to the 
appropriate committees of Congress a report on the results 
of the review required under subsection (a). 
SEC. 359. STUDY ON FIRE DEPARTMENT AND EMERGENCY 
SERVICE AGENCY USE OF UNMANNED AIR-
CRAFT SYSTEMS. 
(a) STUDY.— 
(1) IN GENERAL.—The Administrator shall con-
duct a study on the use of unmanned aircraft systems 
by fire departments and emergency service agencies. 
Such study shall include an analysis of— 
(A) how fire departments and emergency 
service agencies currently use unmanned aircraft 
systems; 
(B) obstacles to greater use of unmanned 
aircraft systems by fire departments and emer-
gency service agencies; 
(C) the best way to provide outreach to sup-
port greater use of unmanned aircraft systems by 
fire departments and emergency service agencies;
300 
(D) laws or regulations that present bar-
riers to career, combination, and volunteer fire 
departments’ ability to use unmanned aircraft 
systems; 
(E) training and certifications required for 
the use of unmanned aircraft systems by fire de-
partments and emergency service agencies; 
(F) airspace limitations and concerns in 
the use of unmanned aircraft systems by fire de-
partments and emergency service agencies; 
(G) roles of unmanned aircraft systems in 
the provision of fire and emergency services; 
(H) technological challenges to greater adop-
tion of unmanned aircraft systems by fire de-
partments and emergency service agencies; and 
(I) other issues determined appropriate by 
the Administrator. 
(2) CONSULTATION.—In conducting the study 
under paragraph (1), the Administrator shall consult 
with national fire and emergency service organiza-
tions. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the appropriate committees of Congress a report on the
301 
study conducted under subsection (a), including the Admin-
istrator’s findings, conclusions, and recommendations. 
SEC. 360. 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) any recommendations of Task Group 3 of the 
Drone Advisory Committee chartered by the Federal 
Aviation Administration on August 31, 2016; 
(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;
302 
(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-
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 appropriate committees of Congress a report 
containing recommendations on appropriate fee mecha-
nisms to recover the costs of regulating and providing air
303 
navigation services to unmanned aircraft and unmanned 
aircraft systems. 
SEC. 361. REPORT ON UAS AND CHEMICAL AERIAL APPLICA-
TION. 
Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit to the appropriate 
committees of Congress a report evaluating which aviation 
safety requirements under part 137 of title 14, Code of Fed-
eral Regulations, should apply to unmanned aircraft sys-
tem operations engaged in aerial spraying of chemicals for 
agricultural purposes. 
SEC. 362. 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;
304 
(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; 
(5) the Administrator should pursue all available 
civil and administrative remedies available to the Ad-
ministrator, including referrals to other government 
agencies for criminal investigations, with respect to 
persons who operate unmanned aircraft in an unau-
thorized manner; 
(6) the Administrator should— 
(A) place particular priority in continuing 
measures, including partnering with nongovern-
mental organizations and State and local agen-
cies, to educate the public about the dangers to 
public safety of operating unmanned aircraft 
over areas that have temporary flight restrictions 
in place, for purposes such as wildfires, without 
appropriate authorization; and 
(B) partner with State and local agencies to 
effectively enforce relevant laws so that un-
manned aircrafts do not interfere with the efforts 
of emergency responders;
305 
(7) 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 
(8) 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. 363. PROHIBITION REGARDING WEAPONS. 
(a) IN GENERAL.—Unless authorized by the Adminis-
trator, a person may not operate an unmanned aircraft or 
unmanned aircraft system that is equipped or armed with 
a dangerous weapon. 
(b) DANGEROUS WEAPON DEFINED.—In this section, 
the term ‘‘dangerous weapon’’ has the meaning given that 
term in section 930(g)(2) of title 18, United States Code. 
(c) PENALTY.—A person who violates this section is 
liable to the United States Government for a civil penalty 
of not more than $25,000 for each violation. 
SEC. 364. U.S. COUNTER-UAS SYSTEM REVIEW OF INTER-
AGENCY COORDINATION PROCESSES. 
(a) IN GENERAL.—Not later than 60 days after that 
date of enactment of this Act, the Administrator, in con-
306 
sultation with government agencies currently authorized to 
operate Counter-Unmanned Aircraft System (C-UAS) sys-
tems within the United States (including the territories and 
possessions of the United States), shall initiate a review of 
the following: 
(1) The process the Administration is using for 
interagency coordination of C-UAS activity pursuant 
to a relevant Federal statute authorizing such activity 
within the United States (including the territories 
and possessions of the United States). 
(2) The standards the Administration is uti-
lizing for operation of a C-UAS systems pursuant to 
a relevant Federal statute authorizing such activity 
within the United States (including the territories 
and possessions of the United States), including 
whether the following criteria are being taken into 
consideration in the development of the standards: 
(A) Safety of the national airspace. 
(B) Protecting individuals and property on 
the ground. 
(C) 
Non-interference 
with 
avionics 
of 
manned aircraft, and unmanned aircraft, oper-
ating legally in the national airspace. 
(D) Non-interference with air traffic control 
systems.
307 
(E) Adequate coordination procedures and 
protocols with the Federal Aviation Administra-
tion during the operation of C-UAS systems. 
(F) Adequate training for personnel oper-
ating C-UAS systems. 
(G) Assessment of the efficiency and effec-
tiveness of the coordination and review processes 
to ensure national airspace safety while mini-
mizing bureaucracy. 
(H) Best practices for the consistent oper-
ation of C-UAS systems to the maximum extent 
practicable. 
(I) Current airspace authorization informa-
tion shared by automated approval processes for 
airspace authorizations, such as the Low Alti-
tude Authorization and Notification Capability. 
(J) Such other matters the Administrator 
considers necessary for the safe and lawful oper-
ation of C-UAS systems. 
(3) Similar interagency coordination processes 
already used for other matters that may be used as 
a model for improving the interagency coordination 
for the usage of C-UAS systems. 
(b) REPORT.—Not later than 180 days after the date 
upon which the review in subsection (a) is initiated, the
308 
Administrator shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives, 
the Committee on Armed Services of the House of Represent-
atives, and the Committee on Commerce, Science, and 
Transportation in the Senate, and the Committee on Armed 
Services of the Senate, a report on the Administration’s ac-
tivities related to C-UAS systems, including— 
(1) any coordination with Federal agencies and 
States, subdivisions and States, political authorities 
of at least 2 States that operate C-UAS systems; 
(2) an assessment of the standards being utilized 
for the operation of a counter-UAS systems within the 
United States (including the territories and posses-
sions of the United States); 
(3) an assessment of the efficiency and effective-
ness of the interagency coordination and review proc-
esses to ensure national airspace safety while mini-
mizing bureaucracy; and 
(4) a review of any additional authorities needed 
by the Federal Aviation Administration to effectively 
oversee the management of C-UAS systems within the 
United States (including the territories and posses-
sions of the United States).
309 
SEC. 365. 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-
partment of Defense in acquiring and operating such sys-
tems consistent with the safe and efficient operation of the 
national airspace system. 
SEC. 366. STRATEGY FOR RESPONDING TO PUBLIC SAFETY 
THREATS AND ENFORCEMENT UTILITY OF 
UNMANNED AIRCRAFT SYSTEMS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator of the Federal 
Aviation Administration shall develop a comprehensive 
strategy to provide outreach to State and local governments 
and provide guidance for local law enforcement agencies 
and first responders with respect to— 
(1) how to identify and respond to public safety 
threats posed by unmanned aircraft systems; and 
(2) how to identify and take advantage of oppor-
tunities to use unmanned aircraft systems to enhance 
the effectiveness of local law enforcement agencies and 
first responders.
310 
(b) RESOURCES.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall estab-
lish a publicly available Internet website that contains re-
sources for State and local law enforcement agencies and 
first responders seeking— 
(1) to respond to public safety threats posed by 
unmanned aircraft systems; and 
(2) to identify and take advantage of opportuni-
ties to use unmanned aircraft systems to enhance the 
effectiveness of local law enforcement agencies and 
public safety response efforts. 
(c) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this 
section, the term ‘‘unmanned aircraft system’’ has the 
meaning given that term in section 44801 of title 49, 
United States Code, as added by this Act. 
SEC. 367. 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
311 
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. 
SEC. 368. PUBLIC UAS ACCESS TO SPECIAL USE AIRSPACE. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue guid-
ance for the expedited and timely access to special use air-
space for public unmanned aircraft systems in order to as-
sist Federal, State, local, or tribal law enforcement organi-
zations in conducting law enforcement, emergency response, 
or for other activities. 
SEC. 369. APPLICATIONS FOR DESIGNATION. 
Section 2209 of the FAA Extension, Safety, and Secu-
rity Act of 2016 (Public Law 114–190; 130 Stat. 615) is 
amended— 
(1) in subsection (b)(1)(C)(i), by striking ‘‘and 
distribution facilities and equipment’’ and inserting 
‘‘distribution facilities and equipment, and railroad 
facilities’’; and 
(2) by adding at the end the following: 
‘‘(e) DEADLINES.—
312 
‘‘(1) Not later than March 31, 2019, the Admin-
istrator shall publish a notice of proposed rulemaking 
to carry out the requirements of this section. 
‘‘(2) Not later than 12 months after publishing 
the notice of proposed rulemaking under paragraph 
(1), the Administrator shall issue a final rule.’’. 
SEC. 370. SENSE OF CONGRESS ON ADDITIONAL RULE-
MAKING AUTHORITY. 
It is the sense of Congress that— 
(1) beyond visual line of sight operations, night-
time operations, and operations over people of un-
manned aircraft systems have tremendous potential— 
(A) to enhance both commercial and aca-
demic use; 
(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
313 
using unmanned aircraft systems while reducing ki-
netic energy and risk compared to unmanned aircraft 
that may weigh 4.4 pounds or more, but less than 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 operations, nighttime operations on a 
routine basis, and operations over people should re-
main a top priority for the Federal Aviation Admin-
istration as it pursues additional rulemakings under 
the amendments made by this section. 
SEC. 371. ASSESSMENT OF AIRCRAFT REGISTRATION FOR 
SMALL UNMANNED AIRCRAFT. 
(a) EVALUATION.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall enter into an agreement with the National 
Academy of Public Administration, to estimate and assess 
compliance with and the 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, titled ‘‘Registration and Marking
314 
Requirements for Small Unmanned Aircraft’’ (80 Fed. Reg. 
78593). 
(b) METRICS.—Upon receiving the assessment, the Sec-
retary shall, to the extent practicable, develop metrics to 
measure compliance with the interim final rule described 
in subsection (a), 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 
(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. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the to 
the appropriate committees of Congress a report con-
taining— 
(1) the results of the assessment required under 
subsection (a); 
(2) the metrics required under subsection (b) and 
how the Secretary will track these metrics; and
315 
(3) recommendations to Congress for improve-
ments to the registration process for small unmanned 
aircraft, if necessary. 
SEC. 372. ENFORCEMENT. 
(a) UAS SAFETY ENFORCEMENT.—The Administrator 
of the Federal Aviation Administration shall establish a 
pilot program to utilize available remote detection or iden-
tification technologies for safety oversight, including en-
forcement actions against operators of unmanned aircraft 
systems that are not in compliance with applicable Federal 
aviation laws, including regulations. 
(b) REPORTING.—As part of the pilot program, the Ad-
ministrator shall establish and publicize a mechanism for 
the public and Federal, State, and local law enforcement 
to report suspected operation of unmanned aircraft in vio-
lation of applicable Federal laws and regulations. 
(c) REPORT TO CONGRESS.—Not later than 1 year 
after the date of enactment of the FAA Reauthorization Act 
of 2018, and annually thereafter through the duration of 
the pilot program established in subsection (a), the Admin-
istrator shall submit to the appropriate committees of Con-
gress a report on the following: 
(1) The number of unauthorized unmanned air-
craft operations detected in restricted airspace, in-
316 
cluding in and around airports, together with a de-
scription of such operations. 
(2) The number of enforcement cases brought by 
the Federal Aviation Administration or other Federal 
agencies for unauthorized operation of unmanned air-
craft detected through the program, together with a 
description of such cases. 
(3) Recommendations for safety and operational 
standards for unmanned aircraft detection and miti-
gation systems. 
(4) Recommendations for any legislative or regu-
latory changes related to mitigation or detection or 
identification of unmanned aircraft systems. 
(d) SUNSET.—The pilot program established in sub-
section (a) shall terminate on September 30, 2023. 
(e) CIVIL PENALTIES.—Section 46301 of title 49, 
United States Code, is amended— 
(1) in subsection (a)(1)(A), by inserting ‘‘chapter 
448,’’ after ‘‘chapter 447 (except sections 44717 and 
44719–44723),’’; 
(2) in subsection (a)(5)(A)(i), by inserting 
‘‘chapter 448,’’ after ‘‘chapter 447 (except sections 
44717–44723),’’;
317 
(3) in subsection (d)(2), by inserting ‘‘chapter 
448,’’ after ‘‘chapter 447 (except sections 44717 and 
44719–44723),’’; and 
(4) in subsection (f)(1)(A)(i), by inserting ‘‘chap-
ter 448,’’ after ‘‘chapter 447 (except sections 44717 
and 44719–44723),’’. 
(f) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to limit the authority of the Adminis-
trator to pursue an enforcement action for a violation of 
this subtitle or any other applicable provision of aviation 
safety law or regulation using remote detection or identi-
fication or other technology following the sunset of the pilot 
program. 
SEC. 373. FEDERAL AND LOCAL AUTHORITIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Comptroller General of 
the United States shall— 
(1) conduct a study on the relative roles of the 
Federal Government, State, local and Tribal govern-
ments in the regulation and oversight of low-altitude 
operations of unmanned aircraft systems in the na-
tional airspace system; and 
(2) submit to the appropriate committees of Con-
gress a report on the study, including the Comptroller 
General’s findings and conclusions.
318 
(b) CONTENTS.—The study under subsection (a) shall 
review the following: 
(1) The current state of the law with respect to 
Federal authority over low-altitude operations of un-
manned aircraft systems in the national airspace sys-
tem. 
(2) The current state of the law with respect to 
State, local, and Tribal authority over low-altitude 
operations of unmanned aircraft systems in the na-
tional airspace system. 
(3) Potential gaps between authorities under 
paragraphs (1) and (2). 
(4) The degree of regulatory consistency required 
among the Federal Government, State governments, 
local governments, and Tribal governments for the 
safe and financially viable growth and development of 
the unmanned aircraft industry. 
(5) The interests of Federal, State, local, and 
Tribal governments affected by low-altitude oper-
ations of unmanned aircraft systems and the authori-
ties of those governments to protect such interests. 
(6) The infrastructure requirements necessary for 
monitoring the low-altitude operations of small un-
manned aircraft and enforcing applicable laws.
319 
SEC. 374. SPECTRUM. 
(a) REPORT.—Not later than 270 days after the date 
of enactment of this Act, and after consultation with rel-
evant stakeholders, the Administrator of the Federal Avia-
tion Administration, the National Telecommunications and 
Information Administration, and the Federal Communica-
tions Commission, shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate, the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives, and the Committee on Energy and Com-
merce of the House of Representatives a report— 
(1) on whether unmanned aircraft systems oper-
ations should be permitted, but not required, to oper-
ate on spectrum that was recommended for allocation 
for AM(R)S and control links for UAS by the World 
Radio Conferences in 2007 (L-band, 960-1164 MHz) 
and 2012 (C-band, 5030-5091 MHz), on an unli-
censed, shared, or exclusive basis, for operations with-
in the UTM system 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 some spectrum 
frequencies are not suitable for beyond-visual-line-of- 
sight operations by unmanned aircraft systems, in-
320 
cludes recommendations of other spectrum frequencies 
that may be appropriate for such operations. 
(b) NO EFFECT ON OTHER SPECTRUM.—The report 
required under subsection (a) does not prohibit or delay use 
of any licensed spectrum to satisfy control links, tracking, 
diagnostics, payload communications, collision avoidance, 
and other functions for unmanned aircraft systems oper-
ations. 
SEC. 375. FEDERAL TRADE COMMISSION AUTHORITY. 
(a) IN GENERAL.—A violation of a privacy policy by 
a person that uses an unmanned aircraft system for com-
pensation or hire, or in the furtherance of a business enter-
prise, in the national airspace system shall be an unfair 
and deceptive practice in violation of section 5(a) of the 
Federal Trade Commission Act (15 U.S.C. 45(a)). 
(b) DEFINITIONS.—In this section, the terms ‘‘un-
manned aircraft’’ and ‘‘unmanned aircraft system’’ have 
the meanings given those terms in section 44801 of title 49, 
United States Code. 
SEC. 376. PLAN FOR FULL OPERATIONAL CAPABILITY OF 
UNMANNED 
AIRCRAFT 
SYSTEMS 
TRAFFIC 
MANAGEMENT. 
(a) IN GENERAL.—In conjunction with completing the 
requirements of section 2208 of the FAA Extension, Safety, 
and Security Act of 2016 (49 U.S.C. 40101 note), subject
321 
to subsection (b) of this section, the Administrator, in co-
ordination with the Administrator of the National Aero-
nautics and Space Administration, and in consultation 
with unmanned aircraft systems industry stakeholders, 
shall develop a plan to allow for the implementation of un-
manned aircraft systems traffic management (UTM) serv-
ices that expand operations beyond visual line of sight, have 
full operational capability, and ensure the safety and secu-
rity of all aircraft. 
(b) COMPLETION OF UTM SYSTEM PILOT PROGRAM.— 
The Administrator shall ensure that the UTM system pilot 
program, as established in section 2208 of the FAA Exten-
sion, Safety, and Security Act of 2016 (49 U.S.C. 40101 
note), is conducted to meet the following objectives of a com-
prehensive UTM system by the conclusion of the pilot pro-
gram: 
(1) In cooperation with the National Aeronautics 
and Space Administration and manned and un-
manned aircraft industry stakeholders, allow testing 
of unmanned aircraft operations, of increasing vol-
umes and density, in airspace above test ranges, as 
such term is defined in section 44801 of title 49, 
United States Code, as well as other sites determined 
by the Administrator to be suitable for UTM testing, 
including those locations selected under the pilot pro-
322 
gram required in the October 25, 2017, Presidential 
Memorandum entitled, ‘‘Unmanned Aircraft Systems 
Integration Pilot Program’’ and described in 82 Fed-
eral Register 50301. 
(2) Permit the testing of various remote identi-
fication and tracking technologies evaluated by the 
Unmanned Aircraft Systems Identification and 
Tracking Aviation Rulemaking Committee. 
(3) Where the particular operational environ-
ment permits, permit blanket waiver authority to 
allow any unmanned aircraft approved by a UTM 
system pilot program selectee to be operated under 
conditions currently requiring a case-by-case waiver 
under part 107, title 14, Code of Federal Regulations, 
provided that any blanket waiver addresses risks to 
airborne objects as well as persons and property on 
the ground. 
(c) IMPLEMENTATION PLAN CONTENTS.—The plan re-
quired by subsection (a) shall— 
(1) include the development of safety standards 
to permit, authorize, or allow the use of UTM serv-
ices, which may include the demonstration and vali-
dation of such services at the test ranges, as defined 
in section 44801 of title 49, United States Code, or 
other sites as authorized by the Administrator;
323 
(2) outline the roles and responsibilities of indus-
try and government in establishing UTM services that 
allow applicants to conduct commercial and non-
commercial operations, recognizing the primary pri-
vate sector role in the development and implementa-
tion of the Low Altitude Authorization and Notifica-
tion Capability and future expanded UTM services; 
(3) include an assessment of various components 
required for necessary risk reduction and mitigation 
in relation to the use of UTM services, including— 
(A) remote identification of both cooperative 
and non-cooperative unmanned aircraft systems 
in the national airspace system; 
(B) deconfliction of cooperative unmanned 
aircraft systems in the national airspace system 
by such services; 
(C) the manner in which the Federal Avia-
tion Administration will conduct oversight of 
UTM systems, including interfaces between UTM 
service providers and air traffic control; 
(D) the need for additional technologies to 
detect cooperative and non-cooperative aircraft; 
(E) collaboration and coordination with air 
traffic control, or management services and tech-
324 
nologies to ensure the safety oversight of manned 
and unmanned aircraft, including— 
(i) the Federal Aviation Administra-
tion responsibilities to collect and dissemi-
nate relevant data to UTM service pro-
viders; and 
(ii) data exchange protocols to share 
UAS operator intent, operational approvals, 
operational restraints, and other data nec-
essary to ensure safety or security of the 
National Airspace System; 
(F) the potential for UTM services to man-
age unmanned aircraft systems carrying either 
cargo, payload, or passengers, weighing more 
than 55 pounds, and operating at altitudes high-
er than 400 feet above ground level; and 
(G) cybersecurity protections, data integ-
rity, and national and homeland security bene-
fits; and 
(4) establish a process for— 
(A) accepting applications for operation of 
UTM services in the national airspace system; 
(B) setting the standards for independent 
private sector validation and verification that 
the standards for UTM services established pur-
325 
suant to paragraph (1) enabling operations be-
yond visual line of sight, have been met by ap-
plicants; and 
(C) notifying the applicant, not later than 
120 days after the Administrator receives a com-
plete application, with a written approval, dis-
approval, or request to modify the application. 
(d) SAFETY STANDARDS.—In developing the safety 
standards in subsection (c)(1), the Administrator— 
(1) shall require that UTM services help ensure 
the safety of unmanned aircraft and other aircraft 
operations that occur primarily or exclusively in air-
space 400 feet above ground level and below, includ-
ing operations conducted under a waiver issued pur-
suant to subpart D of part 107 of title 14, Code of 
Federal Regulations; 
(2) shall consider, as appropriate— 
(A) protection of persons and property on 
the ground; 
(B) remote identification and tracking of 
aircraft; 
(C) collision avoidance with respect to ob-
stacles and non-cooperative aircraft;
326 
(D) deconfliction of cooperative aircraft and 
integration of other relevant airspace consider-
ations; 
(E) right of way rules, inclusive of UAS op-
erations; 
(F) safe and reliable coordination between 
air traffic control and other systems operated in 
the national airspace system; 
(G) detection of non-cooperative aircraft; 
(H) geographic and local factors including 
but not limited to terrain, buildings and struc-
tures; 
(I) aircraft equipage; and 
(J) qualifications, if any, necessary to oper-
ate UTM services; and 
(3) may establish temporary flight restrictions or 
other means available such as a certificate of waiver 
or authorization (COA) for demonstration and vali-
dation of UTM services. 
(e) REVOCATION.—The Administrator may revoke the 
permission, authorization, or approval for the operation of 
UTM services if the Administrator determines that the serv-
ices or its operator are no longer in compliance with appli-
cable safety standards.
327 
(f) LOW-RISK AREAS.—The Administrator shall estab-
lish expedited procedures for approval of UTM services op-
erated in— 
(1) airspace away from congested areas; or 
(2) other airspace above areas in which oper-
ations of unmanned aircraft pose low risk, as deter-
mined by the Administrator. 
(g) CONSULTATION.—In carrying out this section, the 
Administrator shall consult with other Federal agencies, as 
appropriate. 
(h) SENSE OF CONGRESS.—It is the sense of Congress 
that, in developing the safety standards for UTM services, 
the Federal Aviation Administration shall consider ongoing 
research and development efforts on UTM services conducted 
by— 
(1) the National Aeronautics and Space Admin-
istration in partnership with industry stakeholders; 
(2) the UTM System pilot program required by 
section 2208 of the FAA Extension, Safety, and Secu-
rity Act of 2016 (49 U.S.C. 40101 note); and 
(3) the participants in the pilot program re-
quired in the October 25, 2017, Presidential Memo-
randum entitled, ‘‘Unmanned Aircraft Systems Inte-
gration Pilot Program’’ and described in 82 Federal 
Register 50301.
328 
(i) DEADLINE.—Not later than 1 year after the date 
of conclusion of the UTM pilot program established in sec-
tion 2208 of the FAA Extension, Safety, and Security Act 
of 2016 (49 U.S.C. 40101 note), the Administrator shall— 
(1) complete the plan required by subsection (a); 
(2) submit the plan to— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Science, Space, and 
Technology and the Committee on Transpor-
tation and Infrastructure of the House of Rep-
resentatives; and 
(3) publish the plan on a publicly accessible 
Internet website of the Federal Aviation Administra-
tion. 
SEC. 377. EARLY IMPLEMENTATION OF CERTAIN UTM SERV-
ICES. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Administrator shall, 
upon request of a UTM service provider, determine if cer-
tain UTM services may operate safely in the national air-
space system before completion of the implementation plan 
required by section 376. 
(b) ASSESSMENT OF UTM SERVICES.—In making the 
determination under subsection (a), the Administrator shall
329 
assess, at a minimum, whether the proposed UTM services, 
as a result of their operational capabilities, reliability, in-
tended use, areas of operation, and the characteristics of 
the aircraft involved, will maintain the safety and effi-
ciency of the national airspace system and address any 
identified risks to manned or unmanned aircraft and per-
sons and property on the ground. 
(c) REQUIREMENTS FOR SAFE OPERATION.—If the 
Administrator determines that certain UTM services may 
operate safely in the national airspace system, the Adminis-
trator shall establish requirements for their safe operation 
in the national airspace system. 
(d) EXPEDITED PROCEDURES.—The Administrator 
shall provide expedited procedures for making the assess-
ment and determinations under this section where the UTM 
services will be provided primarily or exclusively in air-
space above areas in which the operation of unmanned air-
craft poses low risk, including but not limited to croplands 
and areas other than congested areas. 
(e) CONSULTATION.—In carrying out this section, the 
Administrator shall consult with other Federal agencies, as 
appropriate. 
(f) PREEXISTING UTM SERVICES APPROVALS.—Noth-
ing in this Act shall affect or delay approvals, waivers, or 
exemptions granted by the Administrator for UTM services
330 
already in existence or approved by the Administrator prior 
to the date of enactment of this Act, including approvals 
under the Low Altitude Authorization and Notification Ca-
pability. 
SEC. 378. 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 those operated for pur-
poses protected by the First Amendment of the Con-
stitution, should have a written privacy policy con-
sistent with section 357 that is appropriate to the na-
ture and scope of the activities regarding the collec-
tion, use, retention, dissemination, and deletion of 
any data collected during the operation of an un-
manned 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. 
SEC. 379. COMMERCIAL AND GOVERNMENTAL OPERATORS. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Administrator shall, to 
the extent practicable and consistent with applicable law,
331 
make available in a single location on the website of the 
Department of Transportation: 
(1) Any certificate of waiver or authorization 
issued by the Administration to Federal, State, tribal 
or local governments for the operation of unmanned 
aircraft systems within 30 days of issuance of such 
certificate of waiver or authorization. 
(2) A spreadsheet of UAS registrations, includ-
ing the city, state, and zip code of each registered 
drone owner, on its website that is updated once per 
quarter each calendar year. 
(3) Summary descriptions and general purposes 
of public unmanned aircraft operations, including the 
locations where such unmanned aircraft may gen-
erally operate. 
(4) Summary descriptions of common civil un-
manned aircraft operations. 
(5) The expiration date of any authorization of 
public or civil unmanned aircraft operations. 
(6) Links to websites of State agencies that en-
force any applicable privacy laws. 
(7) For any unmanned aircraft system, except 
with respect to any operation protected by the First 
Amendment to the Constitution of the United States, 
that will collect personally identifiable information
332 
about individuals, including the use of facial recogni-
tion— 
(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 
information or data, such as the use of
333 
encryption methods and other security fea-
tures. 
(8) 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. 
(b) EXCEPTIONS.—The Administrator shall not dis-
close information pursuant to subsection (a) if the Adminis-
trator determines that the release of such information— 
(1) is not applicable; 
(2) is not practicable, including when the infor-
mation is not available to the Administrator; 
(3) is not in compliance with applicable law; 
(4) would compromise national defense, home-
land security or law enforcement activity; 
(5) would be withheld pursuant to an exception 
of the section 552 of title 5, United States Code (com-
monly known as the ‘‘Freedom of Information Act’’); 
or 
(6) is otherwise contrary to the public interest.
334 
(c) SUNSET.—This section will cease to be effective on 
the date that is the earlier of— 
(1) the date of publication of a Notice of Pro-
posed Rulemaking or guidance regarding remote iden-
tification standards under section 2202 of the FAA 
Extension, Safety, and Security Act of 2016 (Public 
Law 114–190; 130 Stat. 615); or 
(2) September 30, 2023. 
SEC. 380. TRANSITION LANGUAGE. 
(a) 
REGULATIONS.—Notwithstanding 
the 
repeals 
under sections 341, 348, 347, and 383 of this Act, all orders, 
determinations, rules, regulations, permits, grants, and 
contracts, which have been issued under any law described 
under subsection (b) of this section before the effective date 
of this Act shall continue in effect until modified or revoked 
by the Secretary of Transportation, acting through the Ad-
ministrator of the Federal Aviation Administration, as ap-
plicable, by a court of competent jurisdiction, or by oper-
ation of law other than this Act. 
(b) LAWS DESCRIBED.—The laws described under this 
subsection are as follows: 
(1) Section 332 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note). 
(2) Section 333 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note).
335 
(3) Section 334 of the FAA Modernization and 
Reform Act of 2012 (49 U.S.C. 40101 note). 
(4) Section 2206 of the FAA Extension, Safety, 
and Security Act of 2016 (Public Law 114–190; 130 
Stat. 615). 
(c) EFFECT ON PENDING PROCEEDINGS.—This Act 
shall not affect administrative or judicial proceedings pend-
ing on the effective date of this Act. 
SEC. 381. UNMANNED AIRCRAFT SYSTEMS IN RESTRICTED 
BUILDINGS OR GROUNDS. 
Section 1752 of title 18, United States Code, is amend-
ed by adding after subsection (a)(4) the following: 
‘‘(5) knowingly and willfully operates an un-
manned aircraft system with the intent to knowingly 
and willfully direct or otherwise cause such un-
manned aircraft system to enter or operate within or 
above a restricted building or grounds;’’. 
SEC. 382. PROHIBITION. 
(a) AMENDMENT.—Chapter 2 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘§ 40A. Operation of unauthorized unmanned aircraft 
over wildfires 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), an individual who operates an unmanned aircraft and 
knowingly or recklessly interferes with a wildfire suppres-
336 
sion, or law enforcement or emergency response efforts re-
lated to a wildfire suppression, shall be fined under this 
title, imprisoned for not more than 2 years, or both. 
‘‘(b) EXCEPTIONS.—This section does not apply to the 
operation of an unmanned aircraft conducted by a unit or 
agency of the United States Government or of a State, trib-
al, or local government (including any individual con-
ducting such operation pursuant to a contract or other 
agreement entered into with the unit or agency) for the pur-
pose of protecting the public safety and welfare, including 
firefighting, law enforcement, or emergency response. 
‘‘(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) UNMANNED
AIRCRAFT.—The term ‘un-
manned aircraft’ has the meaning given the term in 
section 44801 of title 49, United States Code. 
‘‘(2) WILDFIRE.—The term ‘wildfire’ has the 
meaning given that term in section 2 of the Emer-
gency Wildfire Suppression Act (42 U.S.C. 1856m). 
‘‘(3) WILDFIRE SUPPRESSION.—The term ‘wild-
fire suppression’ means an effort to contain, extin-
guish, or suppress a wildfire.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
for chapter 2 of title 18, United States Code, is amended
337 
by inserting after the item relating to section 40 the fol-
lowing: 
‘‘40A. Operation of unauthorized unmanned aircraft over wildfires.’’. 
SEC. 383. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGA-
TION AND ENFORCEMENT. 
(a) IN GENERAL.—Chapter 448 of title 49, United 
States Code, as amended by this Act, is further amended 
by inserting at the end the following: 
‘‘§ 44810. Airport safety and airspace hazard mitiga-
tion and enforcement 
‘‘(a) COORDINATION.—The Administrator of the Fed-
eral Aviation Administration shall work with the Secretary 
of Defense, the Secretary of Homeland Security, and the 
heads of other relevant Federal departments and agencies 
for the purpose of ensuring that technologies or systems that 
are developed, tested, or deployed by Federal departments 
and agencies to detect and mitigate potential risks posed 
by errant or hostile unmanned aircraft system operations 
do not adversely impact or interfere with safe airport oper-
ations, navigation, air traffic services, or the safe and effi-
cient operation of the national airspace system. 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—The Administrator shall de-
velop a plan for the certification, permitting, author-
izing, or allowing of the deployment of technologies or
338 
systems for the detection and mitigation of unmanned 
aircraft systems. 
‘‘(2) CONTENTS.—The plan shall provide for the 
development of policies, procedures, or protocols that 
will allow appropriate officials of the Federal Avia-
tion Administration to utilize such technologies or 
systems to take steps to detect and mitigate potential 
airspace safety risks posed by unmanned aircraft sys-
tem operations. 
‘‘(3) AVIATION
RULEMAKING
COMMITTEE.—The 
Administrator shall charter an aviation rulemaking 
committee to make recommendations for such a plan 
and any standards that the Administrator determines 
may need to be developed with respect to such tech-
nologies or systems. The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to an aviation 
rulemaking committee chartered under this para-
graph. 
‘‘(4) NON-DELEGATION.—The plan shall not dele-
gate any authority granted to the Administrator 
under this section to other Federal, State, local, terri-
torial, or tribal agencies, or an airport sponsor, as 
defined in section 47102 of title 49, United States 
Code.
339 
‘‘(c) AIRSPACE HAZARD MITIGATION PROGRAM.—In 
order to test and evaluate technologies or systems that detect 
and mitigate potential aviation safety risks posed by un-
manned aircraft, the Administrator shall deploy such tech-
nologies or systems at 5 airports, including 1 airport that 
ranks in the top 10 of the FAA’s most recent Passenger 
Boarding Data. 
‘‘(d) AUTHORITY.—Under the testing and evaluation 
in subsection (c), the Administrator shall use unmanned 
aircraft detection and mitigation systems to detect and 
mitigate the unauthorized operation of an unmanned air-
craft that poses a risk to aviation safety. 
‘‘(e) AIP FUNDING ELIGIBILITY.—Upon the certifi-
cation, permitting, authorizing, or allowing of such tech-
nologies and systems that have been successfully tested 
under this section, an airport sponsor may apply for a 
grant under subchapter I of chapter 471 to purchase an 
unmanned aircraft detection and mitigation system. For 
purposes of this subsection, purchasing an unmanned air-
craft detection and mitigation system shall be considered 
airport development (as defined in section 47102). 
‘‘(f) BRIEFING.—The Administrator shall annually 
brief the appropriate committees of Congress, including the 
Committee on Judiciary of the House of Representatives
340 
and the Committee on the Judiciary of the Senate, on the 
implementation of this section. 
‘‘(g) APPLICABILITY OF OTHER LAWS.—Section 46502 
of this title, section 32 of title 18, United States Code (com-
monly known as the Aircraft Sabotage Act), section 1031 
of title 18, United States Code (commonly known as the 
Computer Fraud and Abuse Act of 1986), sections 2510– 
2522 of title 18, United States Code (commonly known as 
the Wiretap Act), and sections 3121–3127 of title 18, 
United States Code (commonly known as the Pen/Trap 
Statute), shall not apply to activities authorized by the Ad-
ministrator pursuant to subsection (c) and (d). 
‘‘(h) SUNSET.—This section ceases to be effective Sep-
tember 30, 2023. 
‘‘(i) NON-DELEGATION.—The Administrator shall not 
delegate any authority granted to the Administrator under 
this section to other Federal, State, local, territorial, or trib-
al agencies, or an airport sponsor, as defined in section 
47102 of title 49, United States Code. The Administrator 
may partner with other Federal agencies under this section, 
subject to any restrictions contained in such agencies’ au-
thority to operate counter unmanned aircraft systems.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
341 
(1) TABLE OF CONTENTS.—The table of contents 
for chapter 448, as amended by this Act, is further 
amended by inserting at the end the following: 
‘‘44810. Airport safety and airspace hazard mitigation and enforcement.’’. 
(2) PILOT PROJECT FOR AIRPORT SAFETY AND 
AIRSPACE HAZARD MITIGATION.—Section 2206 of the 
FAA Extension, Safety, and Security Act of 2016 
(Public Law 114–190; 130 Stat. 615) and the item 
relating to that section in the table of contents under 
section 1(b) of that Act are repealed. 
SEC. 384. UNSAFE OPERATION OF UNMANNED AIRCRAFT. 
(a) IN GENERAL.—Chapter 2 of title 18, United States 
Code, is amended by inserting after section 39A the fol-
lowing: 
‘‘§ 39B. Unsafe operation of unmanned aircraft 
‘‘(a) OFFENSE.—Any person who operates an un-
manned aircraft and: 
‘‘(1) Knowingly interferes with, or disrupts the 
operation of, an aircraft carrying 1 or more occu-
pants operating in the special aircraft jurisdiction of 
the United States, in a manner that poses an immi-
nent safety hazard to such occupants, shall be pun-
ished as provided in subsection (c). 
‘‘(2) Recklessly interferes with, or disrupts the 
operation of, an aircraft carrying 1 or more occu-
pants operating in the special aircraft jurisdiction of
342 
the United States, in a manner that poses an immi-
nent safety hazard to such occupants, shall be pun-
ished as provided in subsection (c). 
‘‘(b) OPERATION OF UNMANNED AIRCRAFT IN CLOSE 
PROXIMITY TO AIRPORTS.— 
‘‘(1) IN GENERAL.—Any person who, without au-
thorization, knowingly operates an unmanned air-
craft within a runway exclusion zone shall be pun-
ished as provided in subsection (c). 
‘‘(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 
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. 
‘‘(c) PENALTY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the punishment for an offense under sub-
343 
sections (a) or (b) shall be a fine under this title, im-
prisonment for not more than 1 year, or both. 
‘‘(2) SERIOUS BODILY INJURY OR DEATH.—Any 
person who: 
‘‘(A) Causes serious bodily injury or death 
during the commission of an offense under sub-
section (a)(2) shall be fined under this title, im-
prisoned for a term of up to 10 years, or both. 
‘‘(B) Causes, or attempts or conspires to 
cause, serious bodily injury or death during the 
commission of an offense under subsections 
(a)(1) and (b) shall be fined under this title, im-
prisoned for any term of years or for life, or 
both.’’. 
(b) TABLE OF CONTENTS.—The table of contents 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 C—General Aviation Safety 
SEC. 391. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fairness for Pilots 
Act’’.
344 
SEC. 392. EXPANSION OF PILOT’S BILL OF RIGHTS. 
(a) NOTIFICATION OF INVESTIGATION.—Subsection (b) 
of section 2 of the Pilot’s Bill of Rights (Public Law 112– 
153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended— 
(1) in paragraph (2)(A), by inserting ‘‘and the 
specific activity on which the investigation is based’’ 
after ‘‘nature of the investigation’’; 
(2) in paragraph (3), by striking ‘‘timely’’; and 
(3) in paragraph (5), by striking ‘‘section 
44709(c)(2)’’ and inserting ‘‘section 44709(e)(2)’’. 
(b) RELEASE OF INVESTIGATIVE REPORTS.—Section 2 
of the Pilot’s Bill of Rights (Public Law 112–153; 126 Stat. 
1159; 49 U.S.C. 44703 note) is further amended by adding 
at the end the following: 
‘‘(f) RELEASE OF INVESTIGATIVE REPORTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) EMERGENCY
ORDERS.—In any pro-
ceeding conducted under part 821 of title 49, 
Code of Federal Regulations, relating to the 
amendment, modification, suspension, or revoca-
tion of an airman certificate, in which the Ad-
ministrator issues an emergency order under 
subsections (d) and (e) of section 44709, section 
44710, or section 46105(c) of title 49, United 
States Code, or another order that takes effect 
immediately, the Administrator shall provide,
345 
upon request, to the individual holding the air-
man certificate the releasable portion of the in-
vestigative report at the time the Administrator 
issues the order. If the complete Report of Inves-
tigation is not available at the time of the re-
quest, the Administrator shall issue all portions 
of the report that are available at the time and 
shall provide the full report not later than 5 
days after its completion. 
‘‘(B) 
OTHER
ORDERS.—In 
any 
non-
emergency proceeding conducted under part 821 
of title 49, Code of Federal Regulations, relating 
to the amendment, modification, suspension, or 
revocation of an airman certificate, in which the 
Administrator notifies the certificate holder of a 
proposed certificate action under subsections (b) 
and (c) of section 44709 or section 44710 of title 
49, United States Code, the Administrator shall, 
upon the written request of the covered certificate 
holder and at any time after that notification, 
provide to the covered certificate holder the re-
leasable portion of the investigative report. 
‘‘(2) MOTION FOR DISMISSAL.—If the Adminis-
trator does not provide the releasable portions of the 
investigative report to the individual holding the air-
346 
man certificate subject to the proceeding referred to in 
paragraph (1) by the time required by that para-
graph, the individual may move to dismiss the com-
plaint of the Administrator or for other relief and, 
unless the Administrator establishes good cause for the 
failure to provide the investigative report or for a lack 
of timeliness, the administrative law judge shall order 
such relief as the judge considers appropriate. 
‘‘(3) RELEASABLE
PORTION
OF
INVESTIGATIVE 
REPORT.—For purposes of paragraph (1), the releas-
able portion of an investigative report is all informa-
tion in the report, except for the following: 
‘‘(A) Information that is privileged. 
‘‘(B) Information that constitutes work 
product or reflects internal deliberative process. 
‘‘(C) Information that would disclose the 
identity of a confidential source. 
‘‘(D) Information the disclosure of which is 
prohibited by any other provision of law. 
‘‘(E) Information that is not relevant to the 
subject matter of the proceeding. 
‘‘(F) Information the Administrator can 
demonstrate is withheld for good cause. 
‘‘(G) Sensitive security information, as de-
fined in section 15.5 of title 49, Code of Federal
347 
Regulations (or any corresponding similar rul-
ing or regulation). 
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to prevent the Adminis-
trator from releasing to an individual subject to an 
investigation described in subsection (b)(1)— 
‘‘(A) information in addition to the infor-
mation included in the releasable portion of the 
investigative report; or 
‘‘(B) a copy of the investigative report be-
fore the Administrator issues a complaint.’’. 
SEC. 393. NOTIFICATION OF REEXAMINATION OF CERTIFI-
CATE HOLDERS. 
(a) IN GENERAL.—Section 44709(a) of title 49, United 
States Code, is amended— 
(1) by striking ‘‘The Administrator’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—The Administrator’’; 
(2) by adding at the end the following: 
‘‘(2) NOTIFICATION OF REEXAMINATION OF AIR-
MAN.—Before taking any action to reexamine an air-
man under paragraph (1) the Administrator shall 
provide to the airman— 
‘‘(A) a reasonable basis, described in detail, 
for requesting the reexamination; and
348 
‘‘(B) any information gathered by the Fed-
eral Aviation Administration, that the Adminis-
trator determines is appropriate to provide, such 
as the scope and nature of the requested reexam-
ination, that formed the basis for that justifica-
tion.’’. 
SEC. 394. EXPEDITING UPDATES TO NOTAM PROGRAM. 
(a) IN GENERAL.—Beginning on the date that is 180 
days after the date of enactment of this Act, the Adminis-
trator may not take any enforcement action against any 
individual for a violation of a NOTAM (as defined in sec-
tion 3 of the Pilot’s Bill of Rights (49 U.S.C. 44701 note)) 
until the Administrator certifies to the appropriate commit-
tees of Congress that the Administrator has complied with 
the requirements of section 3 of the Pilot’s Bill of Rights, 
as amended by this section. 
(b) AMENDMENTS.—Section 3 of the Pilot’s Bill of 
Rights (Public Law 112–153; 126 Stat. 1162; 49 U.S.C. 
44701 note) is amended— 
(1) in subsection (a)(2)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘this Act’’ and inserting 
‘‘the Fairness for Pilots Act’’; and
349 
(ii) by striking ‘‘begin’’ and inserting 
‘‘complete the implementation of’’; 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) to continue developing and modern-
izing the NOTAM repository, in a public central 
location, to maintain and archive all NOTAMs, 
including the original content and form of the 
notices, the original date of publication, and any 
amendments to such notices with the date of each 
amendment, in a manner that is Internet-acces-
sible, machine-readable, and searchable;’’; 
(C) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(D) to specify the times during which tem-
porary flight restrictions are in effect and the 
duration of a designation of special use airspace 
in a specific area.’’; and 
(2) by amending subsection (d) to read as fol-
lows: 
‘‘(d) DESIGNATION OF REPOSITORY AS SOLE SOURCE 
FOR NOTAMS.— 
‘‘(1) IN GENERAL.—The Administrator—
350 
‘‘(A) shall consider the repository for 
NOTAMs under subsection (a)(2)(B) to be the 
sole location for airmen to check for NOTAMs; 
and 
‘‘(B) may not consider a NOTAM to be an-
nounced or published until the NOTAM is in-
cluded in the repository for NOTAMs under sub-
section (a)(2)(B). 
‘‘(2) PROHIBITION ON TAKING ACTION FOR VIO-
LATIONS OF NOTAMS NOT IN REPOSITORY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), beginning on the date that 
the repository under subsection (a)(2)(B) is final 
and published, the Administrator may not take 
any enforcement action against an airman for a 
violation of a NOTAM during a flight if— 
‘‘(i) that NOTAM is not available 
through the repository before the commence-
ment of the flight; and 
‘‘(ii) that NOTAM is not reasonably 
accessible and identifiable to the airman. 
‘‘(B) EXCEPTION
FOR
NATIONAL
SECU-
RITY.—Subparagraph (A) shall not apply in the 
case of an enforcement action for a violation of
351 
a NOTAM that directly relates to national secu-
rity.’’. 
SEC. 395. ACCESSIBILITY OF CERTAIN FLIGHT DATA. 
(a) IN GENERAL.—Subchapter I of chapter 471 of title 
49, United States Code, is amended by inserting after sec-
tion 47124 the following: 
‘‘§ 47124a. Accessibility of certain flight data 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATION.—The term ‘Administra-
tion’ means the Federal Aviation Administration. 
‘‘(2) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Federal Avia-
tion Administration. 
‘‘(3) APPLICABLE INDIVIDUAL.—The term ‘appli-
cable individual’ means an individual who is the sub-
ject of an investigation initiated by the Administrator 
related to a covered flight record. 
‘‘(4) CONTRACT
TOWER.—The term ‘contract 
tower’ means an air traffic control tower providing 
air traffic control services pursuant to a contract 
with the Administration under section 47124. 
‘‘(5) COVERED FLIGHT RECORD.—The term ‘cov-
ered flight record’ means any air traffic data (as de-
fined in section 2(b)(4)(B) of the Pilot’s Bill of Rights 
(49 U.S.C. 44703 note)), created, maintained, or con-
352 
trolled by any program of the Administration, includ-
ing any program of the Administration carried out 
by employees or contractors of the Administration, 
such as contract towers, flight service stations, and 
controller training programs. 
‘‘(b) PROVISION OF COVERED FLIGHT RECORD TO AD-
MINISTRATION.— 
‘‘(1) REQUESTS.—Whenever the Administration 
receives a written request for a covered flight record 
from an applicable individual and the covered flight 
record is not in the possession of the Administration, 
the Administrator shall request the covered flight 
record from the contract tower or other contractor of 
the Administration in possession of the covered flight 
record. 
‘‘(2) PROVISION
OF
RECORDS.—Any covered 
flight record created, maintained, or controlled by a 
contract tower or another contractor of the Adminis-
tration that maintains covered flight records shall be 
provided to the Administration if the Administration 
requests the record pursuant to paragraph (1). 
‘‘(3) NOTICE
OF
PROPOSED
CERTIFICATE
AC-
TION.—If the Administrator has issued, or subse-
quently issues, a Notice of Proposed Certificate Action 
relying on evidence contained in the covered flight
353 
record and the individual who is the subject of an in-
vestigation has requested the record, the Adminis-
trator shall promptly produce the record and extend 
the time the individual has to respond to the Notice 
of Proposed Certificate Action until the covered flight 
record is provided. 
‘‘(c) IMPLEMENTATION.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of the Fairness for Pilots 
Act, the Administrator shall promulgate regulations 
or guidance to ensure compliance with this section. 
‘‘(2) COMPLIANCE BY CONTRACTORS.— 
‘‘(A) IN GENERAL.—Compliance with this 
section by a contract tower or other contractor of 
the Administration that maintains covered flight 
records shall be included as a material term in 
any contract between the Administration and the 
contract tower or contractor entered into or re-
newed on or after the date of enactment of the 
Fairness for Pilots Act. 
‘‘(B) 
NONAPPLICABILITY.—Subparagraph 
(A) shall not apply to any contract or agreement 
in effect on the date of enactment of the Fairness 
for Pilots Act unless the contract or agreement is
354 
renegotiated, renewed, or modified after that 
date. 
‘‘(d) PROTECTION OF CERTAIN DATA.—The Adminis-
trator of the Federal Aviation Administration may with-
hold information that would otherwise be required to be 
made available under section only if— 
‘‘(1) the Administrator determines, based on in-
formation in the possession of the Administrator, that 
the Administrator may withhold the information in 
accordance with section 552a of title 5, United States 
Code; or 
‘‘(2) the information is submitted pursuant to a 
voluntary safety reporting program covered by section 
40123 of title 49, United States Code.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
The table of contents for chapter 471 is amended by insert-
ing after the item relating to section 47124 the following: 
‘‘47124a. Accessibility of certain flight data.’’. 
SEC. 396. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CER-
TAIN NOTICES. 
Not later than 90 days after the date of enactment of 
this Act, the Administrator shall designate the appropriate 
legal counsel of the Administration as an appropriate offi-
cial for purposes of section 13.11 of title 14, Code of Federal 
Regulations.
355 
TITLE IV—AIR SERVICE 
IMPROVEMENTS 
Subtitle A—Airline Customer 
Service Improvements 
SEC. 401. DEFINITIONS. 
In this title: 
(1) COVERED AIR CARRIER.—The term ‘‘covered 
air carrier’’ means an air carrier or a foreign air 
carrier as those terms are defined in section 40102 of 
title 49, United States Code. 
(2) ONLINE SERVICE.—The term ‘‘online service’’ 
means any service available over the internet, or that 
connects to the internet or a wide-area network. 
(3) TICKET AGENT.—The term ‘‘ticket agent’’ has 
the meaning given the term in section 40102 of title 
49, United States Code. 
SEC. 402. 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
356 
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 
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. 403. 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:
357 
‘‘§ 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 
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