I 
115TH CONGRESS 
1ST SESSION H. R. 2997 
To transfer operation of air traffic services currently provided by the Federal 
Aviation Administration to a separate not-for-profit corporate entity, 
to reauthorize programs of the Federal Aviation Administration, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2017 
Mr. SHUSTER (for himself, Mr. LOBIONDO, Mr. GRAVES of Missouri, Mr. 
MITCHELL, Ms. HANABUSA, and Ms. SINEMA) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
A BILL 
To transfer operation of air traffic services currently pro-
vided by the Federal Aviation Administration to a sepa-
rate not-for-profit corporate entity, to reauthorize pro-
grams of the Federal Aviation Administration, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘21st Century Aviation Innovation, Reform, and Reau-
thorization Act’’ or the ‘‘21st Century AIRR Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Effective date. 
TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA Programs 
Sec. 101. Airport planning and development and noise compatibility planning 
and programs. 
Sec. 102. Facilities and equipment. 
Sec. 103. FAA operations. 
Sec. 104. Adjustment to AIP program funding. 
Sec. 105. Funding for aviation programs. 
Sec. 106. Applicability. 
Subtitle B—Passenger Facility Charges 
Sec. 111. Passenger facility charge modernization. 
Sec. 112. Pilot program for passenger facility charge authorizations. 
Subtitle C—Airport Improvement Program Modifications 
Sec. 121. Clarification of airport obligation to provide FAA airport space. 
Sec. 122. Mothers’ rooms at airports. 
Sec. 123. Extension of competitive access reports. 
Sec. 124. Grant assurances. 
Sec. 125. Government share of project costs. 
Sec. 126. Updated veterans’ preference. 
Sec. 127. Special rule. 
Sec. 128. Marshall Islands, Micronesia, and Palau. 
Sec. 129. Nondiscrimination. 
Sec. 130. State block grant program expansion. 
Sec. 131. Midway Island Airport. 
Sec. 132. Property conveyance releases. 
Sec. 133. Minority and disadvantaged business participation. 
Sec. 134. Contract tower program. 
Sec. 135. Airport access roads in remote locations. 
Subtitle D—Airport Noise and Environmental Streamlining 
Sec. 151. Recycling plans for airports. 
Sec. 152. Pilot program sunset. 
Sec. 153. Extension of grant authority for compatible land use planning and 
projects by State and local governments. 
Sec. 154. Updating airport noise exposure maps. 
Sec. 155. Stage 3 aircraft study. 
Sec. 156. Addressing community noise concerns. 
Sec. 157. Study on potential health impacts of overflight noise. 
Sec. 158. Environmental mitigation pilot program. 
Sec. 159. Aircraft noise exposure. 
Sec. 160. Community involvement in FAA NextGen projects located in 
metroplexes. 
Sec. 161. Critical habitat on or near airport property. 
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TITLE II—AMERICAN AIR NAVIGATION SERVICES CORPORATION 
Sec. 201. Purposes. 
Subtitle A—Establishment of Air Traffic Services Provider 
Sec. 211. American Air Navigation Services Corporation. 
Subtitle B—Amendments to Federal Aviation Laws 
Sec. 221. Definitions. 
Sec. 222. Sunset of FAA air traffic entities and officers. 
Sec. 223. Role of Administrator. 
Sec. 224. Emergency powers. 
Sec. 225. Presidential transfers in time of war. 
Sec. 226. Airway capital investment plan before date of transfer. 
Sec. 227. Aviation facilities before date of transfer. 
Sec. 228. Judicial review. 
Sec. 229. Civil penalties. 
Subtitle C—Other Matters 
Sec. 241. Use of Federal technical facilities. 
Sec. 242. Ensuring progress on NextGen priorities before date of transfer. 
Sec. 243. Severability. 
TITLE III—FAA SAFETY CERTIFICATION REFORM 
Subtitle A—General Provisions 
Sec. 301. Definitions. 
Sec. 302. Safety Oversight and Certification Advisory Committee. 
Subtitle B—Aircraft Certification Reform 
Sec. 311. Aircraft certification performance objectives and metrics. 
Sec. 312. Organization designation authorizations. 
Sec. 313. ODA review. 
Sec. 314. Type certification resolution process. 
Sec. 315. Safety enhancing equipment and systems for small general aviation 
airplanes. 
Sec. 316. Review of certification process for small general aviation airplanes. 
Subtitle C—Flight Standards Reform 
Sec. 331. Flight standards performance objectives and metrics. 
Sec. 332. FAA task force on flight standards reform. 
Sec. 333. Centralized safety guidance database. 
Sec. 334. Regulatory Consistency Communications Board. 
Subtitle D—Safety Workforce 
Sec. 341. Safety workforce training strategy. 
Sec. 342. Workforce review. 
Subtitle E—International Aviation 
Sec. 351. Promotion of United States aerospace standards, products, and serv-
ices abroad. 
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Sec. 352. Bilateral exchanges of safety oversight responsibilities. 
Sec. 353. FAA leadership abroad. 
Sec. 354. Registration, certification, and related fees. 
TITLE IV—SAFETY 
Subtitle A—General Provisions 
Sec. 401. FAA technical training. 
Sec. 402. Safety critical staffing. 
Sec. 403. International efforts regarding tracking of civil aircraft. 
Sec. 404. Aircraft data access and retrieval systems. 
Sec. 405. Advanced cockpit displays. 
Sec. 406. Marking of towers. 
Sec. 407. Cabin evacuation. 
Sec. 408. ODA staffing and oversight. 
Sec. 409. Funding for additional safety needs. 
Sec. 410. Funding for additional FAA licensing needs. 
Sec. 411. Emergency medical equipment on passenger aircraft. 
Sec. 412. HIMS program. 
Sec. 413. Acceptance of voluntarily provided safety information. 
Sec. 414. Flight attendant duty period limitations and rest requirements. 
Subtitle B—Unmanned Aircraft Systems 
Sec. 431. Definitions. 
Sec. 432. Codification of existing law; additional provisions. 
Sec. 433. Unmanned aircraft test ranges. 
Sec. 434. Sense of Congress regarding unmanned aircraft safety. 
Sec. 435. UAS privacy review. 
Sec. 436. Public UAS operations by Tribal governments. 
Sec. 437. Evaluation of aircraft registration for small unmanned aircraft. 
Sec. 438. Study on roles of governments relating to low-altitude operation of 
small unmanned aircraft. 
Sec. 439. Study on financing of unmanned aircraft services. 
Sec. 440. Update of FAA comprehensive plan. 
Sec. 441. Cooperation related to certain counter-UAS technology. 
TITLE V—AIR SERVICE IMPROVEMENTS 
Subtitle A—Airline Customer Service Improvements 
Sec. 501. Reliable air service in American Samoa. 
Sec. 502. Cell phone voice communication ban. 
Sec. 503. Advisory committee for aviation consumer protection. 
Sec. 504. Improved notification of insecticide use. 
Sec. 505. Advertisements and disclosure of fees for passenger air transpor-
tation. 
Sec. 506. Involuntarily bumping passengers after aircraft boarded. 
Sec. 507. Availability of consumer rights information. 
Sec. 508. Consumer complaints hotline. 
Sec. 509. Widespread disruptions. 
Sec. 510. Involuntarily denied boarding compensation. 
Subtitle B—Aviation Consumers With Disabilities 
Sec. 541. Select subcommittee. 
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Sec. 542. Aviation consumers with disabilities study. 
Sec. 543. Feasibility study on in-cabin wheelchair restraint systems. 
Subtitle C—Small Community Air Service 
Sec. 551. Essential air service authorization. 
Sec. 552. Extension of final order establishing mileage adjustment eligibility. 
Sec. 553. Study on essential air service reform. 
Sec. 554. Small community air service. 
Sec. 555. Air transportation to noneligible places. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Review of FAA strategic cybersecurity plan. 
Sec. 602. Consolidation and realignment of FAA services and facilities. 
Sec. 603. FAA review and reform. 
Sec. 604. Aviation fuel. 
Sec. 605. Right to privacy when using air traffic control system. 
Sec. 606. Air shows. 
Sec. 607. Part 91 review, reform, and streamlining. 
Sec. 608. Aircraft registration. 
Sec. 609. Air transportation of lithium cells and batteries. 
Sec. 610. Remote tower pilot program for rural and small communities. 
Sec. 611. Ensuring FAA readiness to provide seamless oceanic operations. 
Sec. 612. Sense of Congress regarding women in aviation. 
Sec. 613. Obstruction evaluation aeronautical studies. 
Sec. 614. Aircraft leasing. 
Sec. 615. Report on obsolete test equipment. 
Sec. 616. Retired military controllers. 
Sec. 617. Pilots sharing flight expenses with passengers. 
Sec. 618. Aviation rulemaking committee for part 135 pilot rest and duty rules. 
Sec. 619. Metropolitan Washington Airports Authority. 
Sec. 620. Terminal Aerodrome Forecast. 
Sec. 621. Federal Aviation Administration employees stationed on Guam. 
Sec. 622. Technical corrections. 
SEC. 2. EFFECTIVE DATE. 
Except as otherwise expressly provided, this Act and 
the amendments made by this Act shall take effect on the 
date of enactment of this Act. 
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TITLE I—AUTHORIZATIONS 
Subtitle A—Funding of FAA 
Programs 
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND 
NOISE COMPATIBILITY PLANNING AND PRO-
GRAMS. 
(a) AUTHORIZATION.—Section 48103(a) of title 49, 
United States Code, is amended by striking ‘‘section 
47504(c)’’ and all that follows through the period at the 
end and inserting the following: ‘‘section 47504(c)— 
‘‘(1) $3,424,000,000 for fiscal year 2018; 
‘‘(2) $3,499,000,000 for fiscal year 2019; 
‘‘(3) $3,576,000,000 for fiscal year 2020; 
‘‘(4) $3,655,000,000 for fiscal year 2021; 
‘‘(5) $3,735,000,000 for fiscal year 2022; and 
‘‘(6) $3,817,000,000 for fiscal year 2023.’’. 
(b) OBLIGATION AUTHORITY.—Section 47104(c) of 
title 49, United States Code, is amended in the matter 
preceding paragraph (1) by striking ‘‘September 30, 
2017,’’ and inserting ‘‘September 30, 2023,’’. 
SEC. 102. FACILITIES AND EQUIPMENT. 
(a) AUTHORIZATION OF APPROPRIATIONS FROM AIR-
PORT AND AIRWAY TRUST FUND.—Section 48101(a) of 
title 49, United States Code, is amended by striking para-
graphs (1) through (5) and inserting the following: 
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‘‘(1) $2,920,000,000 for fiscal year 2018. 
‘‘(2) $2,984,000,000 for fiscal year 2019. 
‘‘(3) $3,049,000,000 for fiscal year 2020.’’. 
(b) SET ASIDES.—Section 48101(d) of title 49, 
United States Code, is amended by inserting ‘‘, carried 
out using amounts appropriated under subsection (a),’’ 
after ‘‘air traffic control modernization project’’. 
(c) AUTHORIZATION
OF
APPROPRIATIONS
FROM 
GENERAL FUND.— 
(1) IN
GENERAL.—Title 49, United States 
Code, is amended by inserting after section 48101 
the following: 
‘‘§ 48101a. Other facilities and equipment 
‘‘There is authorized to be appropriated to the Sec-
retary of Transportation to acquire, establish, and im-
prove facilities and equipment (other than facilities and 
equipment relating to air traffic services)— 
‘‘(1) $189,000,000 for fiscal year 2021; 
‘‘(2) $193,000,000 for fiscal year 2022; and 
‘‘(3) $198,000,000 for fiscal year 2023.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 481 of title 49, United States Code, is 
amended by inserting after the item relating to sec-
tion 48101 the following: 
‘‘48101a. Other facilities and equipment.’’. 
(3) CONFORMING AMENDMENTS.— 
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(A) SUBMISSION
OF
BUDGET
INFORMA-
TION
AND
LEGISLATIVE
RECOMMENDATIONS 
AND
COMMENTS.—Section 48109 of title 49, 
United States Code, is amended by inserting ‘‘, 
48101a,’’ before ‘‘or 48102’’. 
(B) REPROGRAMMING
NOTIFICATION
RE-
QUIREMENT.—Section 48113 of title 49, United 
States 
Code, 
is 
amended 
by 
inserting 
‘‘48101a,’’ before ‘‘or 48103’’. 
SEC. 103. FAA OPERATIONS. 
(a) AUTHORIZATION
OF
APPROPRIATIONS
FROM 
GENERAL FUND.—Section 106(k)(1) of title 49, United 
States Code, is amended— 
(1) in the paragraph heading by inserting 
‘‘FROM GENERAL FUND’’ after ‘‘MAINTENANCE’’; and 
(2) by striking subparagraphs (A) through (E) 
and inserting the following: 
‘‘(A) $2,059,000,000 for fiscal year 2018; 
‘‘(B) $2,126,000,000 for fiscal year 2019; 
‘‘(C) $2,197,000,000 for fiscal year 2020; 
‘‘(D) $1,957,000,000 for fiscal year 2021; 
‘‘(E) $2,002,000,000 for fiscal year 2022; 
and 
‘‘(F) 
$2,047,000,000 
for 
fiscal 
year 
2023.’’. 
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(b) AUTHORIZATION OF APPROPRIATIONS FROM AIR-
PORT AND AIRWAY TRUST FUND.—Section 106(k)(2) of 
title 49, United States Code, is amended to read as fol-
lows: 
‘‘(2) SALARIES, OPERATIONS, AND
MAINTE-
NANCE FROM AIRPORT AND AIRWAY TRUST FUND.— 
There is authorized to be appropriated to the Sec-
retary out of the Airport and Airway Trust Fund es-
tablished under section 9502 of the Internal Rev-
enue Code of 1986 for salaries, operations, and 
maintenance of the Administration— 
‘‘(A) $8,073,000,000 for fiscal year 2018; 
‘‘(B) $8,223,000,000 for fiscal year 2019; 
and 
‘‘(C) 
$8,374,000,000 
for 
fiscal 
year 
2020.’’. 
(c) AUTHORITY TO TRANSFER FUNDS.—Section 
106(k)(3) of title 49, United States Code, is amended— 
(1) by striking ‘‘fiscal years 2012 through 
2017’’ and inserting ‘‘fiscal years 2018 through 
2020’’; and 
(2) by striking ‘‘paragraph (1)’’ each place it 
appears and inserting ‘‘paragraphs (1) and (2)’’. 
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SEC. 104. ADJUSTMENT TO AIP PROGRAM FUNDING. 
Section 48112 of title 49, United States Code, and 
the item relating to such section in the analysis for chap-
ter 481 of such title, are repealed. 
SEC. 105. FUNDING FOR AVIATION PROGRAMS. 
Section 48114(a)(1)(A)(ii) of title 49, United States 
Code, is amended by striking ‘‘in fiscal year 2014 and 
each fiscal year thereafter’’ and inserting ‘‘in fiscal years 
2014 through 2017’’. 
SEC. 106. APPLICABILITY. 
This subtitle, and the amendments made by this sub-
title, shall apply only to fiscal years beginning after Sep-
tember 30, 2017. 
Subtitle B—Passenger Facility 
Charges 
SEC. 111. PASSENGER FACILITY CHARGE MODERNIZATION. 
Section 40117(b) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘or $3’’ and 
inserting ‘‘$3, $4, or $4.50’’; 
(2) by repealing paragraph (4); 
(3) in paragraph (6)— 
(A) by striking ‘‘specified in paragraphs 
(1) and (4)’’ and inserting ‘‘specified in para-
graph (1)’’; and 
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(B) by striking ‘‘imposed under paragraph 
(1) or (4)’’ and inserting ‘‘imposed under para-
graph (1)’’; and 
(4) in paragraph (7)(A)— 
(A) by striking ‘‘specified in paragraphs 
(1), (4), and (6)’’ and inserting ‘‘specified in 
paragraphs (1) and (6)’’; and 
(B) by striking ‘‘imposed under paragraph 
(1) or (4)’’ and inserting ‘‘imposed under para-
graph (1)’’. 
SEC. 112. PILOT PROGRAM FOR PASSENGER FACILITY 
CHARGE AUTHORIZATIONS. 
Section 40117(l) of title 49, United States Code, is 
amended— 
(1) in the subsection heading by striking ‘‘AT 
NONHUB AIRPORTS’’; and 
(2) in paragraph (1) by striking ‘‘nonhub’’. 
Subtitle C—Airport Improvement 
Program Modifications 
SEC. 121. CLARIFICATION OF AIRPORT OBLIGATION TO 
PROVIDE FAA AIRPORT SPACE. 
Section 44502 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(f) AIRPORT SPACE.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Administrator of the Federal Aviation 
Administration may not require an airport owner, 
operator, or sponsor (as defined in section 47102) to 
provide building construction, maintenance, utilities, 
administrative support, or space on airport property 
to the Federal Aviation Administration without ade-
quate compensation. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
apply in any case in which an airport owner, oper-
ator, or sponsor— 
‘‘(A) provides land or buildings without 
compensation prior to the date of transfer (as 
defined in section 90101(a)) to the Federal 
Aviation Administration for facilities used to 
carry out activities related to air traffic control 
or navigation pursuant to a grant assurance; or 
‘‘(B) provides goods or services to the Fed-
eral Aviation Administration without compensa-
tion or at below-market rates pursuant to a ne-
gotiated agreement between the owner, oper-
ator, or sponsor and the Administrator.’’. 
SEC. 122. MOTHERS’ ROOMS AT AIRPORTS. 
(a) LACTATION AREA DEFINED.—Section 47102 of 
title 49, United States Code, is amended— 
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(1) by redesignating paragraphs (10) through 
(28) as paragraphs (11) through (29), respectively; 
and 
(2) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) ‘lactation area’ means a room or other lo-
cation in a commercial service airport that— 
‘‘(A) provides a location for members of 
the public to express breast milk that is shield-
ed from view and free from intrusion from the 
public; 
‘‘(B) has a door that can be locked; 
‘‘(C) includes a place to sit, a table or 
other flat surface, and an electrical outlet; 
‘‘(D) is readily accessible to and usable by 
individuals with disabilities, including individ-
uals who use wheelchairs; and 
‘‘(E) is not located in a restroom.’’. 
(b) PROJECT GRANT WRITTEN ASSURANCES
FOR 
LARGE AND MEDIUM HUB AIRPORTS.— 
(1) IN GENERAL.—Section 47107(a) of title 49, 
United States Code, is amended— 
(A) in paragraph (20) by striking ‘‘and’’ at 
the end; 
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(B) in paragraph (21) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(22) with respect to a medium or large hub 
airport, the airport owner or operator will maintain 
a lactation area in each passenger terminal building 
of the airport in the sterile area (as defined in sec-
tion 1540.5 of title 49, Code of Federal Regulations) 
of the building.’’. 
(2) APPLICABILITY.— 
(A) IN GENERAL.—The amendment made 
by paragraph (1) shall apply to a project grant 
application submitted for a fiscal year begin-
ning on or after the date that is 2 years after 
the date of enactment of this Act. 
(B) SPECIAL RULE.—The requirement in 
the amendment made by paragraph (1) that a 
lactation area be located in the sterile area of 
a passenger terminal building shall not apply 
with respect to a project grant application for 
a period of time, determined by the Secretary 
of Transportation, if the Secretary determines 
that construction or maintenance activities 
make it impracticable or unsafe for the lacta-
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tion area to be located in the sterile area of the 
building. 
(c) 
TERMINAL
DEVELOPMENT
COSTS.—Section 
47119(a) of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘(3) LACTATION
AREAS.—In addition to the 
projects described in paragraph (1), the Secretary 
may approve a project for terminal development for 
the construction or installation of a lactation area at 
a commercial service airport.’’. 
(d) PRE-EXISTING FACILITIES.—On application by 
an airport sponsor, the Secretary may determine that a 
lactation area in existence on the date of enactment of 
this Act complies with the requirement of section 
47107(a)(22) of title 49, United States Code, as added 
by this section, notwithstanding the absence of one of the 
facilities or characteristics referred to in the definition of 
the term ‘‘lactation area’’ in section 47102 of such title, 
as added by this section. 
SEC. 123. EXTENSION OF COMPETITIVE ACCESS REPORTS. 
Section 47107(r)(3) of title 49, United States Code, 
is amended by striking ‘‘October 1, 2017’’ and inserting 
‘‘October 1, 2023’’. 
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SEC. 124. GRANT ASSURANCES. 
(a) CONSTRUCTION OF RECREATIONAL AIRCRAFT.— 
Section 47107 is amended by adding at the end the fol-
lowing: 
‘‘(u) 
CONSTRUCTION
OF
RECREATIONAL
AIR-
CRAFT.— 
‘‘(1) IN GENERAL.—The construction of a cov-
ered aircraft shall be treated as an aeronautical ac-
tivity for purposes of— 
‘‘(A) determining an airport’s compliance 
with a grant assurance made under this section 
or any other provision of law; and 
‘‘(B) the receipt of Federal financial assist-
ance for airport development. 
‘‘(2) COVERED
AIRCRAFT
DEFINED.—In this 
subsection, the term ‘covered aircraft’ means an air-
craft— 
‘‘(A) used or intended to be used exclu-
sively for recreational purposes; and 
‘‘(B) constructed or under construction by 
a private individual at a general aviation air-
port.’’. 
(b) COMMUNITY USE OF AIRPORT LAND.—Section 
47107 of title 49, United States Code, as amended by this 
section, is further amended by adding at the end the fol-
lowing: 
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‘‘(v) COMMUNITY USE OF AIRPORT LAND.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a)(13), and subject to paragraph (2), the sponsor 
of a public-use airport shall not be considered to be 
in violation of this subtitle, or to be found in viola-
tion of a grant assurance made under this section, 
or under any other provision of law, as a condition 
for the receipt of Federal financial assistance for 
airport development, solely because the sponsor has 
entered into an agreement, including a revised 
agreement, with a local government providing for the 
use of airport property for an interim compatible 
recreational purpose at below fair market value. 
‘‘(2) RESTRICTIONS.—This subsection shall 
apply only— 
‘‘(A) to an agreement regarding airport 
property that was initially entered into before 
the publication of the Federal Aviation Admin-
istration’s Policy and Procedures Concerning 
the Use of Airport Revenue, dated February 
16, 1999; 
‘‘(B) if the agreement between the sponsor 
and the local government is subordinate to any 
existing or future agreements between the spon-
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sor and the Secretary, including agreements re-
lated to a grant assurance under this section; 
‘‘(C) to airport property that was acquired 
under a Federal airport development grant pro-
gram; 
‘‘(D) if the airport sponsor has provided a 
written statement to the Administrator that the 
property made available for a recreational pur-
pose will not be needed for any aeronautical 
purpose during the next 10 years; 
‘‘(E) if the agreement includes a term of 
not more than 2 years to prepare the airport 
property for the interim compatible recreational 
purpose and not more than 10 years of use for 
that purpose; 
‘‘(F) if the recreational purpose will not 
impact the aeronautical use of the airport; 
‘‘(G) if the airport sponsor provides a cer-
tification that the sponsor is not responsible for 
preparation, start-up, operations, maintenance, 
or any other costs associated with the rec-
reational purpose; and 
‘‘(H) if the recreational purpose is con-
sistent with Federal land use compatibility cri-
teria under section 47502. 
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‘‘(3) STATUTORY CONSTRUCTION.—Nothing in 
this subsection may be construed as permitting a di-
version of airport revenue for the capital or oper-
ating costs associated with the community use of 
airport land.’’. 
SEC. 125. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘primary air-
port having at least .25 percent of the total number 
of passenger boardings each year at all commercial 
service airports;’’ and inserting ‘‘medium or large 
hub airport;’’; and 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) 95 percent for a project that— 
‘‘(A) the Administrator determines is a 
successive phase of a multi-phase construction 
project for which the sponsor received a grant 
in fiscal year 2011; and 
‘‘(B) for which the United States Govern-
ment’s share of allowable project costs could 
otherwise be 90 percent under paragraph (2) or 
(3).’’. 
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SEC. 126. UPDATED VETERANS’ PREFERENCE. 
Section 47112(c)(1)(C) of title 49, United States 
Code, is amended— 
(1) by striking ‘‘or Operation New Dawn for 
more’’ and inserting ‘‘Operation New Dawn, Oper-
ation Inherent Resolve, Operation Freedom’s Sen-
tinel, or any successor contingency operation to such 
operations for more’’; and 
(2) by striking ‘‘or Operation New Dawn 
(whichever is later)’’ and inserting ‘‘Operation New 
Dawn, Operation Inherent Resolve, Operation Free-
dom’s Sentinel, or any successor contingency oper-
ation to such operations (whichever is later)’’. 
SEC. 127. SPECIAL RULE. 
Section 47114(d)(3) of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(C) During fiscal years 2018 through 
2020— 
‘‘(i) an airport that accrued appor-
tionment funds under subparagraph (A) in 
fiscal year 2013 that is listed as having an 
unclassified status under the most recent 
national plan of integrated airport systems 
shall continue to accrue apportionment 
funds under subparagraph (A) at the same 
amount the airport accrued apportionment 
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funds in fiscal year 2013, subject to the 
conditions of this paragraph; 
‘‘(ii) notwithstanding the period of 
availability 
as 
described 
in 
section 
47117(b), an amount apportioned to an 
airport under clause (i) shall be available 
to the airport only during the fiscal year in 
which the amount is apportioned; and 
‘‘(iii) notwithstanding the waiver per-
mitted under section 47117(c)(2), an air-
port receiving apportionment funds under 
clause (i) may not waive its claim to any 
part of the apportioned funds in order to 
make the funds available for a grant for 
another public-use airport. 
‘‘(D) An airport that re-establishes its 
classified status shall be eligible to accrue ap-
portionment funds pursuant to subparagraph 
(A) so long as such airport retains its classified 
status.’’. 
SEC. 128. MARSHALL ISLANDS, MICRONESIA, AND PALAU. 
Section 47115 of title 49, United States Code, is 
amended— 
(1) by striking subsection (i); 
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(2) by redesignating subsection (j) as sub-
section (i); and 
(3) in subsection (i) (as so redesignated) by 
striking ‘‘fiscal years 2012 through 2017’’ and in-
serting ‘‘fiscal years 2017 through 2023’’. 
SEC. 129. NONDISCRIMINATION. 
Section 47123 of title 49, United States Code, is 
amended— 
(1) by striking ‘‘The Secretary of Transpor-
tation’’ and inserting the following: 
‘‘(a) IN GENERAL.—The Secretary of Transpor-
tation’’; and 
(2) by adding at the end the following: 
‘‘(b) INDIAN EMPLOYMENT.— 
‘‘(1) TRIBAL
SPONSOR
PREFERENCE.—Con-
sistent with section 703(i) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–2(i)), nothing in this section 
shall preclude the preferential employment of Indi-
ans living on or near a reservation on a project or 
contract at— 
‘‘(A) an airport sponsored by an Indian 
tribal government; or 
‘‘(B) an airport located on an Indian res-
ervation. 
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‘‘(2) STATE PREFERENCE.—A State may imple-
ment a preference for employment of Indians on a 
project carried out under this subchapter near an 
Indian reservation. 
‘‘(3) IMPLEMENTATION.—The Secretary shall 
cooperate with Indian tribal governments and the 
States to implement this subsection. 
‘‘(4) INDIAN TRIBAL GOVERNMENT DEFINED.— 
In this section, the term ‘Indian tribal government’ 
has the same meaning given that term in section 
102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122).’’. 
SEC. 130. STATE BLOCK GRANT PROGRAM EXPANSION. 
Section 47128(a) of title 49, United States Code, is 
amended by striking ‘‘not more than 9 qualified States 
for fiscal years 2000 and 2001 and 10 qualified States 
for each fiscal year thereafter’’ and inserting ‘‘not more 
than 20 qualified States for each fiscal year’’. 
SEC. 131. MIDWAY ISLAND AIRPORT. 
Section 186(d) of the Vision 100—Century of Avia-
tion Reauthorization Act (117 Stat. 2518) is amended in 
the first sentence by striking ‘‘fiscal years 2012 through 
2017’’ and inserting ‘‘fiscal years 2017 through 2023’’. 
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SEC. 132. PROPERTY CONVEYANCE RELEASES. 
Section 817(a) of the FAA Modernization and Re-
form Act of 2012 (49 U.S.C. 47125 note) is amended— 
(1) by striking ‘‘or section 23’’ and inserting ‘‘, 
section 23’’; and 
(2) by inserting ‘‘, or section 47125 of title 49, 
United States Code’’ before the period at the end. 
SEC. 133. MINORITY AND DISADVANTAGED BUSINESS PAR-
TICIPATION. 
Congress finds the following: 
(1) While significant progress has occurred due 
to the establishment of the airport disadvantaged 
business enterprise program (49 U.S.C. 47107(e) 
and 47113), discrimination and related barriers con-
tinue to pose significant obstacles for minority- and 
women-owned businesses seeking to do business in 
airport-related markets across the Nation. These 
continuing barriers merit the continuation of the air-
port disadvantaged business enterprise program. 
(2) Congress has received and reviewed testi-
mony and documentation of race and gender dis-
crimination from numerous sources, including con-
gressional hearings and roundtables, scientific re-
ports, reports issued by public and private agencies, 
news stories, reports of discrimination by organiza-
tions and individuals, and discrimination lawsuits. 
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This testimony and documentation shows that race- 
and gender-neutral efforts alone are insufficient to 
address the problem. 
(3) This testimony and documentation dem-
onstrates that discrimination across the Nation 
poses a barrier to full and fair participation in air-
port-related businesses of women business owners 
and minority business owners in the racial groups 
detailed in parts 23 and 26 of title 49, Code of Fed-
eral Regulations, and has impacted firm develop-
ment and many aspects of airport-related business 
in the public and private markets. 
(4) This testimony and documentation provides 
a strong basis that there is a compelling need for the 
continuation of the airport disadvantaged business 
enterprise program and the airport concessions dis-
advantaged business enterprise program to address 
race and gender discrimination in airport-related 
business. 
SEC. 134. CONTRACT TOWER PROGRAM. 
(a) AIR TRAFFIC CONTROL CONTRACT PROGRAM.— 
(1) SPECIAL RULE.—Section 47124(b)(1)(B) of 
title 49, United States Code, is amended by striking 
‘‘exceeds the benefit for a period of 18 months after 
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such determination is made’’ and inserting the fol-
lowing: ‘‘exceeds the benefit— 
‘‘(i) for the 1-year period after such 
determination is made; or 
‘‘(ii) if an appeal of such determina-
tion is requested, for the 1-year period de-
scribed in subsection (d)(4)(D).’’. 
(2) FUNDING OF COST-SHARE PROGRAM.—Sec-
tion 47124(b)(3)(E) of title 49, United States Code, 
is amended to read as follows: 
‘‘(E) FUNDING.—Amounts appropriated 
pursuant to section 106(k)(1) may be used to 
carry out this paragraph.’’. 
(3) CONSTRUCTION OF AIR TRAFFIC CONTROL 
TOWERS.— 
(A) GRANTS.—Section 47124(b)(4)(A) of 
title 49, United States Code, is amended in 
each of clauses (i)(III) and (ii)(III) by inserting 
‘‘, including remote air traffic control tower 
equipment certified by the Federal Aviation Ad-
ministration’’ after ‘‘1996’’. 
(B) ELIGIBILITY.—Section 47124(b)(4)(B) 
of title 49, United States Code, is amended to 
read as follows: 
‘‘(B) ELIGIBILITY.— 
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‘‘(i) BEFORE DATE OF TRANSFER.— 
Before the date of transfer (as defined in 
section 90101(a)), an airport sponsor shall 
be eligible for a grant under this para-
graph only if— 
‘‘(I)(aa) the sponsor is a partici-
pant in the Federal Aviation Adminis-
tration contract tower program estab-
lished under subsection (a) and con-
tinued under paragraph (1) or the 
pilot program established under para-
graph (3); or 
‘‘(bb) construction of a non-
approach control tower would qualify 
the sponsor to be eligible to partici-
pate in such program; 
‘‘(II) the sponsor certifies that it 
will pay not less than 10 percent of 
the cost of the activities for which the 
sponsor is receiving assistance under 
this paragraph; 
‘‘(III) the Secretary affirmatively 
accepts the proposed contract tower 
into a contract tower program under 
this section and certifies that the Sec-
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retary will seek future appropriations 
to pay the Federal Aviation Adminis-
tration’s cost of the contract to oper-
ate the tower to be constructed under 
this paragraph; 
‘‘(IV) the sponsor certifies that it 
will pay its share of the cost of the 
contract to operate the tower to be 
constructed under this paragraph; and 
‘‘(V) in the case of a tower to be 
constructed under this paragraph 
from amounts made available under 
section 
47114(d)(2) 
or 
47114(d)(3)(B), the Secretary cer-
tifies that— 
‘‘(aa) the Federal Aviation 
Administration has consulted the 
State within the borders of which 
the tower is to be constructed 
and the State supports the con-
struction of the tower as part of 
its State airport capital plan; and 
‘‘(bb) the selection of the 
tower for funding is based on ob-
jective criteria. 
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‘‘(ii) ON AND AFTER DATE OF TRANS-
FER.—On and after the date of transfer 
(as defined in section 90101(a)), an air-
port sponsor shall be eligible for a grant 
under this paragraph only if— 
‘‘(I) the Secretary determines 
that the tower to be constructed at 
the 
sponsor’s 
airport 
using 
the 
amounts of the grant will be operated 
pursuant to an agreement entered 
into by the American Air Navigation 
Services Corporation and an entity 
pursuant to section 90302(c)(3); 
‘‘(II) the sponsor certifies that it 
will pay not less than 10 percent of 
the cost of the activities for which the 
sponsor is receiving assistance under 
this paragraph; and 
‘‘(III) in the case of a tower to 
be constructed under this paragraph 
from amounts made available under 
section 
47114(d)(2) 
or 
47114(d)(3)(B), the Secretary cer-
tifies that— 
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‘‘(aa) the Federal Aviation 
Administration has consulted the 
State within the borders of which 
the tower is to be constructed 
and the State supports the con-
struction of the tower as part of 
its State airport capital plan; and 
‘‘(bb) the selection of the 
tower for funding is based on ob-
jective criteria.’’. 
(C) LIMITATION
ON
FEDERAL
SHARE.— 
Section 47124(b)(4) of title 49, United States 
Code, is amended by striking subparagraph (C). 
(4) BENEFIT-TO-COST CALCULATION FOR PRO-
GRAM APPLICANTS.—Section 47124(b)(3) of title 49, 
United States Code, is amended by adding at the 
end the following: 
‘‘(G) BENEFIT-TO-COST
CALCULATION.— 
Not later than 90 days after receiving an appli-
cation to the Contract Tower Program, the Sec-
retary shall calculate a benefit-to-cost ratio (as 
described in subsection (d)) for the applicable 
air traffic control tower for purposes of select-
ing towers for participation in the Contract 
Tower Program.’’. 
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(b) SAFETY AUDITS.—Section 47124(c) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) BEFORE DATE OF TRANSFER.—Before the 
date of transfer (as defined in section 90101(a)), the 
Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) ON AND AFTER DATE OF TRANSFER.—On 
and after the date of transfer (as defined in section 
90101(a)), oversight of air traffic control towers 
that receive funding under this section shall be car-
ried out in accordance with performance-based regu-
lations and minimum safety standards prescribed 
under section 90501.’’. 
(c) CRITERIA TO EVALUATE PARTICIPANTS.—Sec-
tion 47124 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(d) CRITERIA TO EVALUATE PARTICIPANTS.— 
‘‘(1) TIMING OF EVALUATIONS.— 
‘‘(A) TOWERS
PARTICIPATING
IN
COST- 
SHARE PROGRAM.—In the case of an air traffic 
control tower that is operated under the pro-
gram established under subsection (b)(3), the 
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Secretary shall annually calculate a benefit-to- 
cost ratio with respect to the tower. 
‘‘(B) TOWERS
PARTICIPATING
IN
CON-
TRACT TOWER PROGRAM.—In the case of an air 
traffic control tower that is operated under the 
program established under subsection (a) and 
continued under subsection (b)(1), the Sec-
retary shall not calculate a benefit-to-cost ratio 
after the date of enactment of this subsection 
with respect to the tower unless the Secretary 
determines that the annual aircraft traffic at 
the airport where the tower is located has de-
creased— 
‘‘(i) by more than 25 percent from the 
previous year; or 
‘‘(ii) by more than 60 percent cumula-
tively in the preceding 3-year period. 
‘‘(2) COSTS
TO
BE
CONSIDERED.—In estab-
lishing a benefit-to-cost ratio under this section with 
respect to an air traffic control tower, the Secretary 
shall consider only the following costs: 
‘‘(A) The Federal Aviation Administra-
tion’s actual cost of wages and benefits of per-
sonnel working at the tower. 
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‘‘(B) The Federal Aviation Administra-
tion’s actual telecommunications costs directly 
associated with the tower. 
‘‘(C) The Federal Aviation Administra-
tion’s costs of purchasing and installing any air 
traffic control equipment that would not have 
been purchased or installed except for the oper-
ation of the tower. 
‘‘(D) The Federal Aviation Administra-
tion’s actual travel costs associated with main-
taining air traffic control equipment that is 
owned by the Administration and would not be 
maintained except for the operation of the 
tower. 
‘‘(3) OTHER CRITERIA TO BE CONSIDERED.—In 
establishing a benefit-to-cost ratio under this section 
with respect to an air traffic control tower, the Sec-
retary shall add a 10 percentage point margin of 
error to the benefit-to-cost ratio determination to ac-
knowledge and account for the direct and indirect 
economic and other benefits that are not included in 
the criteria the Secretary used in calculating that 
ratio. 
‘‘(4) REVIEW
OF
COST-BENEFIT
DETERMINA-
TIONS.—In issuing a benefit-to-cost ratio determina-
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tion under this section with respect to an air traffic 
control tower located at an airport, the Secretary 
shall implement the following procedures: 
‘‘(A) The Secretary shall provide the air-
port (or the State or local government having 
jurisdiction over the airport) at least 90 days 
following the date of receipt of the determina-
tion to submit to the Secretary a request for an 
appeal of the determination, together with up-
dated or additional data in support of the ap-
peal. 
‘‘(B) Upon receipt of a request for an ap-
peal submitted pursuant to subparagraph (A), 
the Secretary shall— 
‘‘(i) transmit to the Administrator of 
the Federal Aviation Administration any 
updated or additional data submitted in 
support of the appeal; and 
‘‘(ii) provide the Administrator not 
more than 90 days to review the data and 
provide a response to the Secretary based 
on the review. 
‘‘(C) After receiving a response from the 
Administrator pursuant to subparagraph (B), 
the Secretary shall— 
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‘‘(i) provide the airport, State, or local 
government that requested the appeal at 
least 30 days to review the response; and 
‘‘(ii) withhold from taking further ac-
tion in connection with the appeal during 
that 30-day period. 
‘‘(D) If, after completion of the appeal pro-
cedures with respect to the determination, the 
Secretary requires the tower to transition into 
the program established under subsection 
(b)(3), the Secretary shall not require a cost- 
share payment from the airport, State, or local 
government for 1 year following the last day of 
the 30-day period described in subparagraph 
(C).’’. 
SEC. 135. AIRPORT ACCESS ROADS IN REMOTE LOCATIONS. 
Notwithstanding section 47102 of title 49, United 
States Code, for fiscal years 2017 through 2020, the defi-
nition of the term ‘‘terminal development’’ under that sec-
tion includes the development of an airport access road 
that— 
(1) is located in a noncontiguous State; 
(2) is not more than 3 miles in length; 
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(3) connects to the nearest public roadways of 
not more than the 2 closest census designated 
places; and 
(4) is constructed for the purpose of connecting 
the census designated places with a planned or 
newly constructed airport. 
Subtitle D—Airport Noise and 
Environmental Streamlining 
SEC. 151. RECYCLING PLANS FOR AIRPORTS. 
Section 47106(a)(6) of title 49, United States Code, 
is amended by inserting ‘‘that includes the project’’ before 
‘‘, the master plan’’. 
SEC. 152. PILOT PROGRAM SUNSET. 
(a) IN GENERAL.—Section 47140 of title 49, United 
States Code, is repealed. 
(b) CONFORMING AMENDMENT.—Section 47140a of 
title 49, United States Code, is redesignated as section 
47140. 
(c) CLERICAL
AMENDMENTS.—The analysis for 
chapter 471 of title 49, United States Code, is amended— 
(1) by striking the items relating to sections 
47140 and 47140a; and 
(2) by inserting after the item relating to sec-
tion 47139 the following: 
‘‘47140. Increasing the energy efficiency of airport power sources.’’. 
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SEC. 153. EXTENSION OF GRANT AUTHORITY FOR COMPAT-
IBLE LAND USE PLANNING AND PROJECTS 
BY STATE AND LOCAL GOVERNMENTS. 
Section 47141(f) of title 49, United States Code, is 
amended by striking ‘‘September 30, 2017’’ and inserting 
‘‘September 30, 2023’’. 
SEC. 154. UPDATING AIRPORT NOISE EXPOSURE MAPS. 
Section 47503(b) of title 49, United States Code, is 
amended to read as follows: 
‘‘(b) REVISED MAPS.— 
‘‘(1) IN GENERAL.—An airport operator that 
submitted a noise exposure map under subsection 
(a) shall submit a revised map to the Secretary if, 
in an area surrounding an airport, a change in the 
operation of the airport would establish a substantial 
new noncompatible use, or would significantly reduce 
noise over existing noncompatible uses, that is not 
reflected in either the existing conditions map or 
forecast map currently on file with the Federal Avia-
tion Administration. 
‘‘(2) TIMING.—A submission under paragraph 
(1) shall be required only if the relevant change in 
the operation of the airport occurs during— 
‘‘(A) the forecast period of the applicable 
noise exposure map submitted by an airport op-
erator under subsection (a); or 
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‘‘(B) the implementation period of the air-
port operator’s noise compatibility program.’’. 
SEC. 155. STAGE 3 AIRCRAFT STUDY. 
(a) STUDY.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General of the 
United States shall initiate a review of the potential bene-
fits, costs, and other impacts that would result from a 
phaseout of covered stage 3 aircraft. 
(b) CONTENTS.—The review shall include— 
(1) a determination of the number, types, fre-
quency of operations, and owners and operators of 
covered stage 3 aircraft; 
(2) an analysis of the potential benefits, costs, 
and other impacts to air carriers, general aviation 
operators, airports, communities surrounding air-
ports, and the general public associated with phasing 
out or reducing the operations of covered stage 3 
aircraft, assuming such a phaseout or reduction is 
put into effect over a reasonable period of time; 
(3) a determination of lessons learned from the 
phaseout of stage 2 aircraft that might be applicable 
to a phaseout or reduction in the operations of cov-
ered stage 3 aircraft, including comparisons between 
the benefits, costs, and other impacts associated 
with the phaseout of stage 2 aircraft and the poten-
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tial benefits, costs, and other impacts determined 
under paragraph (2); 
(4) a determination of the costs and logistical 
challenges associated with recertifying stage 3 air-
craft capable of meeting stage 4 noise levels; and 
(5) a determination of stakeholder views on the 
feasibility and desirability of phasing out covered 
stage 3 aircraft, including the views of— 
(A) air carriers; 
(B) airports; 
(C) communities surrounding airports; 
(D) aircraft and avionics manufacturers; 
(E) operators of covered stage 3 aircraft 
other than air carriers; and 
(F) such other stakeholders and aviation 
experts as the Comptroller General considers 
appropriate. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the review. 
(d) COVERED STAGE 3 AIRCRAFT DEFINED.—In this 
section, the term ‘‘covered stage 3 aircraft’’ means an air-
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craft weighing more than 75,000 pounds that is not capa-
ble of meeting the stage 4 noise levels in part 36 of title 
14, Code of Federal Regulations. 
SEC. 156. ADDRESSING COMMUNITY NOISE CONCERNS. 
When proposing a new area navigation departure pro-
cedure, or amending an existing procedure that would di-
rect aircraft between the surface and 6,000 feet above 
ground level over noise sensitive areas, the Administrator 
of the Federal Aviation Administration shall consider the 
feasibility of dispersal headings or other lateral track vari-
ations to address community noise concerns, if— 
(1) the affected airport operator, in consulta-
tion with the affected community, submits a request 
to the Administrator for such a consideration; 
(2) the airport operator’s request would not, in 
the judgment of the Administrator, conflict with the 
safe and efficient operation of the national airspace 
system; and 
(3) the effect of a modified departure procedure 
would not significantly increase noise over noise sen-
sitive areas, as determined by the Administrator. 
SEC. 157. STUDY ON POTENTIAL HEALTH IMPACTS OF 
OVERFLIGHT NOISE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
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Federal Aviation Administration shall enter into an agree-
ment with an eligible institution of higher education to 
conduct a study on the health impacts of noise from air-
craft flights on residents exposed to a range of noise levels 
from such flights. 
(b) SCOPE OF STUDY.—The study shall— 
(1) include an examination of the incremental 
health impacts attributable to noise exposure that 
result from aircraft flights, including sleep disturb-
ance and elevated blood pressure; 
(2) be focused on residents in the metropolitan 
area of— 
(A) Boston; 
(B) Chicago; 
(C) New York; 
(D) the Northern California Metroplex; 
(E) Phoenix; or 
(F) such other area as may be identified 
by the Administrator; 
(3) consider, in particular, the incremental 
health impacts on residents living partly or wholly 
underneath flight paths most frequently used by air-
craft flying at an altitude lower than 10,000 feet, in-
cluding during takeoff or landing; and 
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(4) include an assessment of the relationship 
between a perceived increase in aircraft noise, in-
cluding as a result of a change in flight paths that 
increases the visibility of aircraft from a certain lo-
cation, and an actual increase in aircraft noise, par-
ticularly in areas with high or variable levels of non-
aircraft-related ambient noise. 
(c) ELIGIBILITY.—An institution of higher education 
is eligible to conduct the study if the institution— 
(1) has— 
(A) a school of public health that has par-
ticipated in the Center of Excellence for Air-
craft Noise and Aviation Emissions Mitigation 
of the Federal Aviation Administration; or 
(B) a center for environmental health that 
receives funding from the National Institute of 
Environmental Health Sciences; 
(2) is located in one of the areas identified in 
subsection (b); 
(3) applies to the Administrator in a timely 
fashion; 
(4) demonstrates to the satisfaction of the Ad-
ministrator that the institution is qualified to con-
duct the study; 
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(5) agrees to submit to the Administrator, not 
later than 3 years after entering into an agreement 
under subsection (a), the results of the study, in-
cluding any source materials used; and 
(6) meets such other requirements as the Ad-
ministrator determines necessary. 
(d) REPORT.—Not later than 90 days after the Ad-
ministrator receives the results of the study, the Adminis-
trator shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report containing the results. 
SEC. 158. ENVIRONMENTAL MITIGATION PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation 
shall carry out a pilot program involving not more than 
6 projects at public-use airports in accordance with this 
section. 
(b) GRANTS.—In carrying out the program, the Sec-
retary may make grants to sponsors of public-use airports 
from funds apportioned under section 47117(e)(1)(A) of 
title 49, United States Code. 
(c) USE OF FUNDS.—Amounts from a grant received 
by the sponsor of a public-use airport under the program 
shall be used for environmental mitigation projects that 
will measurably reduce or mitigate aviation impacts on 
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noise, air quality, or water quality at the airport or within 
5 miles of the airport. 
(d) ELIGIBILITY.—Notwithstanding any other provi-
sion of chapter 471 of title 49, United States Code, an 
environmental mitigation project approved under this sec-
tion shall be treated as eligible for assistance under that 
chapter. 
(e) SELECTION CRITERIA.—In selecting from among 
applicants for participation in the program, the Secretary 
may give priority consideration to projects that— 
(1) will achieve the greatest reductions in air-
craft noise, airport emissions, or airport water qual-
ity impacts either on an absolute basis or on a per 
dollar of funds expended basis; and 
(2) will be implemented by an eligible consor-
tium. 
(f) FEDERAL SHARE.—The Federal share of the cost 
of a project carried out under the program shall be 50 
percent. 
(g) MAXIMUM AMOUNT.—Not more than $2,500,000 
may be made available by the Secretary in grants under 
the program for any single project. 
(h) IDENTIFYING BEST PRACTICES.—The Secretary 
may establish and publish information identifying best 
practices for reducing or mitigating aviation impacts on 
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noise, air quality, and water quality at airports or in the 
vicinity of airports based on the projects carried out under 
the program. 
(i) SUNSET.—The program shall terminate 5 years 
after the Secretary makes the first grant under the pro-
gram. 
(j) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE CONSORTIUM.—The term ‘‘eligi-
ble consortium’’ means a consortium that is com-
prised of 2 or more of the following entities: 
(A) Businesses incorporated in the United 
States. 
(B) Public or private educational or re-
search organizations located in the United 
States. 
(C) Entities of State or local governments 
in the United States. 
(D) Federal laboratories. 
(2) ENVIRONMENTAL MITIGATION PROJECT.— 
The term ‘‘environmental mitigation project’’ means 
a project that— 
(A) introduces new environmental mitiga-
tion techniques or technologies that have been 
proven in laboratory demonstrations; 
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(B) proposes methods for efficient adapta-
tion or integration of new concepts into airport 
operations; and 
(C) will demonstrate whether new tech-
niques or technologies for environmental mitiga-
tion are— 
(i) practical to implement at or near 
multiple public-use airports; and 
(ii) capable of reducing noise, airport 
emissions, or water quality impacts in 
measurably significant amounts. 
SEC. 159. AIRCRAFT NOISE EXPOSURE. 
(a) REVIEW.—The Administrator of the Federal 
Aviation Administration shall conduct a review of the rela-
tionship between aircraft noise exposure and its effects on 
communities around airports. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall submit to Congress a report containing the re-
sults of the review. 
(2) PRELIMINARY
RECOMMENDATIONS.—The 
report shall contain such preliminary recommenda-
tions as the Administrator determines appropriate 
for revising the land use compatibility guidelines in 
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part 150 of title 14, Code of Federal Regulations, 
based on the results of the review and in coordina-
tion with other agencies. 
SEC. 160. COMMUNITY INVOLVEMENT IN FAA NEXTGEN 
PROJECTS LOCATED IN METROPLEXES. 
(a) COMMUNITY INVOLVEMENT POLICY.—Not later 
than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Aviation Administration 
shall complete a review of the Federal Aviation Adminis-
tration’s community involvement practices for Next Gen-
eration Air Transportation System (NextGen) projects lo-
cated in metroplexes identified by the Administration. The 
review shall include, at a minimum, a determination of 
how and when to engage airports and communities in per-
formance-based navigation proposals. 
(b) REPORT.—Not later than 60 days after comple-
tion of the review, the Administrator shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on— 
(1) how the Administration will improve com-
munity involvement practices for NextGen projects 
located in metroplexes; 
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(2) how and when the Administration will en-
gage airports and communities in performance-based 
navigation proposals; and 
(3) lessons learned from NextGen projects and 
pilot programs and how those lessons learned are 
being integrated into community involvement prac-
tices for future NextGen projects located in 
metroplexes. 
SEC. 161. CRITICAL HABITAT ON OR NEAR AIRPORT PROP-
ERTY. 
(a) FEDERAL AGENCY REQUIREMENTS.—The Sec-
retary of Transportation, to the maximum extent prac-
ticable, shall work with the heads of appropriate Federal 
agencies to ensure that designations of critical habitat, as 
that term is defined in section 3 of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1532), on or near airport 
property do not— 
(1) result in conflicting statutory, regulatory, or 
Federal grant assurance requirements for airports or 
aircraft operators; 
(2) interfere with the safe operation of aircraft; 
or 
(3) occur on airport-owned lands that have be-
come attractive habitat for a threatened or endan-
gered species because such lands— 
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(A) have been prepared for future develop-
ment; 
(B) have been designated as noise buffer 
land; or 
(C) are held by the airport to prevent en-
croachment of uses that are incompatible with 
airport operations. 
(b) STATE REQUIREMENTS.—In a State where a 
State agency is authorized to designate land on or near 
airport property for the conservation of a threatened or 
endangered species in the State, the Secretary, to the 
maximum extent practicable, shall work with the State in 
the same manner as the Secretary works with the heads 
of Federal agencies under subsection (a). 
TITLE II—AMERICAN AIR NAVI-
GATION SERVICES CORPORA-
TION 
SEC. 201. PURPOSES. 
It is declared to be the purpose of Congress in this 
title to transfer operation of air traffic services currently 
provided by the Federal Aviation Administration to a sep-
arate not-for-profit corporate entity to provide for the 
more efficient operation and improvement of air traffic 
services. 
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Subtitle A—Establishment of Air 
Traffic Services Provider 
SEC. 211. AMERICAN AIR NAVIGATION SERVICES CORPORA-
TION. 
(a) IN GENERAL.—Title 49, United States Code, is 
amended by adding at the end the following: 
‘‘Subtitle XI—American Air 
Navigation Services Corporation 
‘‘Chapter
Sec. 
‘‘901. General Provisions ................................................................ 90101 
‘‘903. Establishment of Air Traffic Services Provider; 
Transfer of Air Traffic Services ....................... 90301 
‘‘905. Regulation of Air Traffic Services Provider ............... 90501 
‘‘907. General Rights of Access to Airspace, Airports, and 
Air Traffic Services Vital for Ensuring Safe 
Operations for All Users ..................................... 90701 
‘‘909. Continuity of Air Traffic Services to Department of 
Defense and Other Public Agencies ............... 90901 
‘‘911. Employee Management ....................................................... 91101 
‘‘913. Other Matters .......................................................................... 91301 
‘‘915. Congressional Oversight of Air Traffic Services 
Provider .................................................................... 91501 
‘‘CHAPTER 901—GENERAL PROVISIONS 
‘‘Sec. 
‘‘90101. Definitions. 
‘‘§ 90101. Definitions 
‘‘(a) IN GENERAL.—In this subtitle, the following 
definitions apply: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the FAA. 
‘‘(2) AIR
TRAFFIC
SERVICES.—The term ‘air 
traffic services’ means services— 
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‘‘(A) used for the monitoring, directing, 
control, and guidance of aircraft or flows of air-
craft and for the safe conduct of flight, includ-
ing communications, navigation, and surveil-
lance services and provision of aeronautical in-
formation; and 
‘‘(B) provided directly, or contracted for, 
by the FAA before the date of transfer. 
‘‘(3) AIR TRAFFIC SERVICES USER.—The term 
‘air traffic services user’ means any individual or en-
tity using air traffic services provided by the Cor-
poration within United States airspace or inter-
national airspace delegated to the United States. 
‘‘(4) BOARD.—The term ‘Board’ means the 
Board of Directors of the Corporation. 
‘‘(5) CEO.—The term ‘CEO’ means the Chief 
Executive Officer of the Corporation. 
‘‘(6) CHARGE; FEE.—The terms ‘charge’ and 
‘fee’ mean any rate, charge, fee, or other service 
charge for the use of air traffic services. 
‘‘(7) CORPORATION.—The term ‘Corporation’ 
means the American Air Navigation Services Cor-
poration established under this subtitle. 
‘‘(8) DATE OF TRANSFER.—The term ‘date of 
transfer’ means the date on which the Corporation 
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assumes operational control of air traffic services 
from the FAA pursuant to this subtitle, which shall 
be October 1, 2020. 
‘‘(9) DIRECTOR.—The term ‘Director’ means a 
Director of the Board. 
‘‘(10) FAA.—The term ‘FAA’ means the Fed-
eral Aviation Administration. 
‘‘(11) INTERIM CEO.—The term ‘Interim CEO’ 
means the Interim Chief Executive Officer of the 
Corporation. 
‘‘(12) REGIONAL AIR CARRIER.—The term ‘re-
gional air carrier’ means an air carrier operating 
under part 121 of title 14, Code of Federal Regula-
tions, that— 
‘‘(A) exclusively or primarily operates air-
craft with a seating capacity of 76 seats or 
fewer; and 
‘‘(B) is not majority owned or controlled 
by any other air carrier or air carrier holding 
company. 
‘‘(13) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Transportation. 
‘‘(b) APPLICABILITY OF OTHER DEFINITIONS.—Ex-
cept with respect to the terms specifically defined in this 
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subtitle, the definitions contained in section 40102(a) shall 
apply to the terms used in this subtitle. 
‘‘CHAPTER 903—ESTABLISHMENT OF AIR 
TRAFFIC 
SERVICES 
PROVIDER; 
TRANSFER OF AIR TRAFFIC SERVICES 
‘‘Sec. 
‘‘90301. Establishment of Corporation. 
‘‘90302. Transfer of air traffic services. 
‘‘90303. Role of Secretary in transferring air traffic services to Corporation. 
‘‘90304. Status and applicable laws. 
‘‘90305. Nomination Panels for Board. 
‘‘90306. Board of Directors. 
‘‘90307. Fiduciary duties and qualifications of Directors. 
‘‘90308. Bylaws and duties. 
‘‘90309. Committees of Board; independent auditors. 
‘‘90310. Advisory Board. 
‘‘90311. Officers and their responsibilities. 
‘‘90312. Authority of Corporation. 
‘‘90313. Charges and fees for air traffic services. 
‘‘90314. Preemption of authority over air traffic services. 
‘‘90315. Actions by and against Corporation. 
‘‘90316. Transfer of Federal personnel to Corporation. 
‘‘90317. Transfer of facilities to Corporation. 
‘‘90318. Approval of transferred air navigation facilities and other equipment. 
‘‘90319. Use of spectrum systems and data. 
‘‘90320. Transition plan. 
‘‘§ 90301. Establishment of Corporation 
‘‘(a) FEDERAL CHARTER.—There is established a 
federally chartered, not-for-profit corporation to be known 
as the ‘American Air Navigation Services Corporation’, 
which shall be incorporated in a State of its choosing. 
‘‘(b) CORPORATION NAME.— 
‘‘(1) IN GENERAL.—The Corporation may con-
duct its business and affairs, and otherwise hold 
itself out, as the ‘American Air Navigation Services 
Corporation’ in any jurisdiction. 
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‘‘(2) EXCLUSIVE
RIGHT.—The Corporation 
shall have the exclusive right to use the name 
‘American Air Navigation Services Corporation’. 
‘‘(3) ALTERNATIVE
NAME.—The Corporation 
may do business under a name other than the 
‘American Air Navigation Services Corporation’ at 
its choosing. 
‘‘§ 90302. Transfer of air traffic services 
‘‘(a) IN GENERAL.—The Secretary shall transfer 
operational control over air traffic services within United 
States airspace and international airspace delegated to the 
United States to the Corporation on the date of transfer 
in a systematic and orderly manner that ensures con-
tinuity of safe air traffic services. 
‘‘(b) MANAGEMENT AND OPERATION OF AIR TRAF-
FIC SERVICES.—Subject to section 90501, including the 
performance-based regulations and minimum safety stand-
ards prescribed under that section, the Corporation may 
establish and carry out plans for the management and op-
eration of air traffic services within United States airspace 
and international airspace delegated to the United States. 
‘‘(c) ENTITIES AUTHORIZED TO PROVIDE AIR TRAF-
FIC SERVICES AFTER DATE OF TRANSFER.—After the 
date of transfer, no entity, other than the Corporation, 
is authorized or permitted to provide air traffic services 
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within United States airspace or international airspace 
delegated to the United States, except for— 
‘‘(1) the Department of Defense, as authorized 
by chapter 909; 
‘‘(2) entities to which the United States has 
delegated certain air traffic services responsibilities; 
‘‘(3) entities with which the Corporation has 
contracted for the provision of air traffic services; 
and 
‘‘(4) entities authorized to operate an un-
manned aircraft traffic management system or serv-
ice pursuant to section 45506 or 45507. 
‘‘§ 90303. Role of Secretary in transferring air traffic 
services to Corporation 
‘‘(a) IN GENERAL.—As appropriate, and except as 
otherwise provided, the Secretary shall manage and exe-
cute the transfer of operational control over air traffic 
services pursuant to section 90302(a) and any related 
transition processes and procedures. 
‘‘(b) NONDELEGATION.—Except as otherwise pro-
vided, the Secretary may not delegate any of the authority 
or requirements under this subtitle to the Administrator. 
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‘‘§ 90304. Status and applicable laws 
‘‘(a) NON-FEDERAL ENTITY.—The Corporation is 
not a department, agency, or instrumentality of the 
United States Government, and is not subject to title 31. 
‘‘(b) LIABILITY.—The United States Government 
shall not be liable for the actions or inactions of the Cor-
poration. 
‘‘(c) NOT-FOR-PROFIT
CORPORATION.—The Cor-
poration shall maintain its status as a not-for-profit cor-
poration exempt from taxation under the Internal Revenue 
Code of 1986. 
‘‘(d) NO FEDERAL GUARANTEE.—Any debt assumed 
by the Corporation shall not have an implied or explicit 
Federal guarantee. 
‘‘§ 90305. Nomination Panels for Board 
‘‘(a) IN GENERAL.—The Nomination Panels de-
scribed in subsection (b) shall be responsible for nomi-
nating individuals to serve as Directors pursuant to sec-
tion 90306. 
‘‘(b) NOMINATION PANELS.—The Nomination Panels 
shall be as follows: 
‘‘(1) PASSENGER
AIR
CARRIER
NOMINATION 
PANEL.—A Passenger Air Carrier Nomination Panel 
composed of passenger air carrier representatives, 
with each air carrier with more than 30,000,000 an-
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nual passenger enplanements designating 1 rep-
resentative to the Panel. 
‘‘(2) 
CARGO
AIR
CARRIER
NOMINATION 
PANEL.—A Cargo Air Carrier Nomination Panel 
composed of cargo air carrier representatives, with 
each all-cargo air carrier with more than 1,000,000 
total annual enplaned cargo revenue tons desig-
nating 1 representative to the Panel. 
‘‘(3) REGIONAL
AIR
CARRIER
NOMINATION 
PANEL.—A Regional Air Carrier Nomination Panel 
composed of regional air carrier representatives, 
with each of the 3 largest regional air carriers, as 
measured by annual passenger enplanements, desig-
nating 1 representative to the Panel. 
‘‘(4) 
GENERAL
AVIATION
NOMINATION 
PANEL.—A General Aviation Nomination Panel com-
posed of 6 representatives designated by the prin-
cipal organization representing noncommercial own-
ers and recreational operators of general aviation 
aircraft. 
‘‘(5) 
BUSINESS
AVIATION
NOMINATION 
PANEL.—A Business Aviation Nomination Panel 
composed of— 
‘‘(A) 2 representatives designated by the 
principal organization representing owners, op-
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erators, and users of general aviation aircraft 
used exclusively in furtherance of business en-
terprises; 
‘‘(B) 2 representatives designated by the 
principal organization representing aviation-re-
lated businesses, including fixed-base operators; 
and 
‘‘(C) 2 representatives designated by the 
principal organization representing aerospace 
manufacturers of general aviation aircraft and 
equipment. 
‘‘(6) AIR
TRAFFIC
CONTROLLER
NOMINATION 
PANEL.—An Air Traffic Controller Nomination 
Panel composed of 6 representatives designated by 
the largest organization engaged in collective bar-
gaining on behalf of air traffic controllers employed 
by the Corporation. 
‘‘(7) AIRPORT
NOMINATION
PANEL.—An Air-
port Nomination Panel composed of— 
‘‘(A) 3 representatives designated by the 
principal organization representing commercial 
service airports; and 
‘‘(B) 3 representatives designated by the 
principal organization representing airport ex-
ecutives. 
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‘‘(8) 
COMMERCIAL
PILOT
NOMINATION 
PANEL.—A Commercial Pilot Nomination Panel 
composed of commercial pilot representatives, with 
each organization engaged in collective bargaining 
on behalf of air carrier pilots with more than 5,000 
members designating 1 member to the Panel. 
‘‘(c) DETERMINATION OF ENTITIES.— 
‘‘(1) BEFORE DATE OF TRANSFER.—Before the 
date of transfer, and not later than 30 days after 
the date of enactment of this subtitle, the Secretary 
shall determine the entities referred to in subsection 
(b). 
‘‘(2) AFTER
DATE
OF
TRANSFER.—On and 
after the date of transfer, the Board shall determine 
the entities referred to in subsection (b), in accord-
ance with the bylaws of the Corporation. 
‘‘(3) STATISTICS.—In determining annual sta-
tistics for purposes of this subsection, the Secretary 
and the Board shall utilize data published by the 
Department of Transportation for the most recent 
calendar year. 
‘‘(4) LIMITATIONS.— 
‘‘(A) SINGLE DESIGNATION.—No entity de-
termined under this subsection may designate a 
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representative to more than 1 Nomination 
Panel. 
‘‘(B) CARRIERS OWNED OR CONTROLLED 
BY SAME HOLDING COMPANY.—If 2 or more air 
carriers determined under this subsection are 
owned or controlled by the same holding com-
pany, only 1 of those air carriers may designate 
a representative to a Nomination Panel. 
‘‘(d) TERMS.—An individual on a Nomination Panel 
shall serve at the pleasure of the entity that the individual 
is representing. 
‘‘(e) QUALIFICATIONS.—Only an individual who is a 
citizen of the United States may be designated to a Nomi-
nation Panel. 
‘‘(f) PROHIBITIONS.—An individual may not serve on 
a Nomination Panel if the individual is— 
‘‘(1) an officer or employee of the Corporation; 
‘‘(2) a Member of Congress or an elected offi-
cial serving in a State, local, or Tribal government; 
or 
‘‘(3) an officer or employee of the Federal Gov-
ernment or any State, local, or Tribal government. 
‘‘(g) LARGEST ORGANIZATION ENGAGED IN COLLEC-
TIVE BARGAINING ON BEHALF OF AIR TRAFFIC CON-
TROLLERS
EMPLOYED
BY
THE
CORPORATION
DE-
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FINED.—Before the date of transfer, in this section, the 
term ‘largest organization engaged in collective bargaining 
on behalf of air traffic controllers employed by the Cor-
poration’ means the largest organization engaged in collec-
tive bargaining on behalf of air traffic controllers em-
ployed by the FAA. 
‘‘§ 90306. Board of Directors 
‘‘(a) AUTHORITY.—The powers of the Corporation 
shall be vested in a Board of Directors that governs the 
Corporation. 
‘‘(b) COMPOSITION OF BOARD.—The Board shall be 
composed of the following Directors: 
‘‘(1) The CEO. 
‘‘(2) 2 Directors appointed by the Secretary. 
‘‘(3) 1 Director nominated by the Passenger Air 
Carrier Nomination Panel. 
‘‘(4) 1 Director nominated by the Cargo Air 
Carrier Nomination Panel. 
‘‘(5) 1 Director nominated by the Regional Air 
Carrier Nomination Panel. 
‘‘(6) 1 Director nominated by the General Avia-
tion Nomination Panel. 
‘‘(7) 1 Director nominated by the Business 
Aviation Nomination Panel. 
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‘‘(8) 1 Director nominated by the Air Traffic 
Controller Nomination Panel. 
‘‘(9) 1 Director nominated by the Airport Nom-
ination Panel. 
‘‘(10) 1 Director nominated by the Commercial 
Pilot Nomination Panel. 
‘‘(11) 2 Directors nominated and selected by 
the other Directors. 
‘‘(c) NOMINATIONS AND APPOINTMENTS.— 
‘‘(1) PRIOR TO DATE OF TRANSFER.— 
‘‘(A) 
SUBMISSION
OF
NOMINATION 
LISTS.—Before the date of transfer, and not 
later than 60 days after the date of enactment 
of this subtitle, each Nomination Panel shall 
submit to the Secretary a list, chosen by con-
sensus, of 4 individuals nominated to be Direc-
tors. 
‘‘(B) APPOINTMENT
AND
SELECTION.— 
Not later than 30 days after the date on which 
the last nomination list is submitted under sub-
paragraph (A), the Secretary shall— 
‘‘(i) appoint 2 individuals to be Direc-
tors under subsection (b)(2); and 
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‘‘(ii) select, pursuant to subsection 
(b), the appropriate number of individuals 
to be Directors from each nomination list. 
‘‘(C) 
RESUBMISSION.—A 
Nomination 
Panel shall resubmit a list submitted under 
subparagraph (A), not later than 15 days after 
notification by the Secretary of the need to re-
submit the list, if the Secretary determines that 
an individual on the list is— 
‘‘(i) not qualified to serve as a Direc-
tor under section 90307; or 
‘‘(ii) otherwise not fit to serve as a 
Director. 
‘‘(D) AT-LARGE
DIRECTORS.—Not later 
than 30 days after the Secretary appoints and 
selects the Directors pursuant to subparagraph 
(B), the Board shall nominate and select the 
additional Directors under subsection (b)(11) 
by a two-thirds vote. 
‘‘(2) AFTER DATE OF TRANSFER.— 
‘‘(A) NOMINATION.—As appropriate, a 
Nomination Panel shall submit to the Board a 
list, chosen by consensus, of 4 individuals nomi-
nated to be Directors. 
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‘‘(B) SELECTION.—The Board shall select, 
pursuant to subsection (b), the appropriate 
number of individuals to be Directors from a 
list submitted by a Nomination Panel. 
‘‘(C) 
RESUBMISSION.—A 
Nomination 
Panel shall resubmit a list submitted under 
subparagraph (A), not later than 15 days after 
notification by the Board of the need to resub-
mit the list, if the Board determines that more 
than 1 individual on the list is— 
‘‘(i) not qualified to serve as a Direc-
tor under section 90307; or 
‘‘(ii) otherwise not fit to serve as a 
Director. 
‘‘(D) AT-LARGE DIRECTORS.—The Board 
shall nominate and select Directors under sub-
section (b)(11) in accordance with the bylaws of 
the Corporation. 
‘‘(E) APPOINTED
DIRECTORS.—None of 
the Directors appointed by the Secretary under 
subsection (b)(2) shall be subject to approval by 
the Board. 
‘‘(d) CHAIRPERSON.—The Chairperson of the Board 
shall— 
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‘‘(1) be selected from among the Directors 
(other than the CEO) by a majority vote of the Di-
rectors; and 
‘‘(2) subject to subsection (e), serve until re-
placed by a majority vote of the Directors. 
‘‘(e) TERMS.— 
‘‘(1) INITIAL TERMS.—The term of each Direc-
tor appointed, or nominated and selected, before the 
date of transfer (other than the CEO) shall expire 
on the date that is 2 years after the date of transfer. 
‘‘(2) SUBSEQUENT TERMS.—The term of each 
Director appointed, or nominated and selected, on or 
after the date of transfer (other than the CEO) shall 
be 5 years, except as provided by paragraph (3). 
‘‘(3) STAGGERING.—The Board shall stagger 
the duration of the terms of the initial Directors ap-
pointed, or nominated and selected, after the date of 
transfer to promote the stability of the Board. 
‘‘(f) VACANCIES.— 
‘‘(1) BEFORE DATE OF TRANSFER.—Before the 
date of transfer, a vacancy on the Board shall be 
filled in the manner in which the original appoint-
ment or selection was made. 
‘‘(2) AFTER
DATE
OF
TRANSFER.—After the 
date of transfer, a vacancy on the Board shall be 
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‘‘(1) approve a proposal for— 
‘‘(A) an initial schedule of charges and fees 
pursuant to subsection (g); and 
‘‘(B) any change in the charges or fees; 
‘‘(2) provide air traffic services users and other 
interested persons notice of a proposal approved 
under paragraph (1) in a manner and form pre-
scribed by the Secretary; and 
‘‘(3) submit a proposal approved under para-
graph (1) (other than a proposal to decrease a 
charge or fee) to the Secretary 90 days prior to the 
effective date of the proposal in a manner and form 
prescribed by the Secretary. 
‘‘(c) SECRETARIAL REVIEW.— 
‘‘(1) PUBLIC COMMENT.—Upon receiving a pro-
posal from the Corporation under subsection (b)(3), 
the Secretary shall solicit public comments on the 
proposal for a 30-day period. 
‘‘(2) SECRETARIAL APPROVAL.— 
‘‘(A) IN
GENERAL.—Not later than 15 
days after the last day of the 30-day public 
comment period, the Secretary shall— 
‘‘(i) approve the proposal upon deter-
mining that the proposal complies with the 
standards in subsection (d); or 
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ployees shall be transferred to the Corporation 
under paragraph (1); 
‘‘(B) upon completing the determination, 
notify the CEO, the labor organizations recog-
nized under section 7111 of title 5 as exclusive 
representatives of FAA employees, and all af-
fected employees of such determination; and 
‘‘(C) on or before the date of transfer, 
transfer such activities, employees, or categories 
of employees. 
‘‘(b) SUBSEQUENT TRANSFER OF EMPLOYEES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) TRANSFERS FROM FAA TO CORPORA-
TION.—During the 180-day period beginning on 
the date of transfer, the Secretary, after meet-
ing and conferring with the CEO and represent-
atives of the certified labor organizations recog-
nized under section 91105 and labor organiza-
tions recognized under section 7111 of title 5 as 
exclusive representatives of FAA employees, 
may transfer an employee from the FAA to the 
Corporation if the Secretary, after meeting and 
conferring with the CEO and the representa-
tives, finds that the determination with respect 
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162 
(B) by striking ‘‘by the Administrator of 
the Federal Aviation Administration under sec-
tion 40103(b)(1) of this title’’; and 
(C) by striking ‘‘Congress’’ and inserting 
‘‘Congress, the American Air Navigation Serv-
ices Corporation,’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘Administrator of the Fed-
eral Aviation Administration’’ and inserting 
‘‘Secretary of Transportation’’; and 
(B) by striking ‘‘that the Administrator’’ 
and inserting ‘‘that the Secretary’’. 
(d) TRANSFERS
OF INSTRUMENT LANDING SYS-
TEMS.—Section 44502(e) of title 49, United States Code, 
is amended by striking ‘‘An airport may transfer’’ and in-
serting ‘‘Before the date of transfer (as defined in section 
90101(a)), an airport may transfer’’. 
SEC. 228. JUDICIAL REVIEW. 
Section 46110(a) of title 49, United States Code, is 
amended by striking ‘‘or subsection (l) or (s) of section 
114’’ and inserting ‘‘subsection (l) or (s) of section 114, 
or section 90501’’. 
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