[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2453 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2453
To promote the launch of aviation's next era.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2021
Mr. Inhofe (for himself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To promote the launch of aviation's next era.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITION OF ADMINISTRATOR.
(a) Short Title.--This Act may be cited as the ``Promoting the
Launch of Aviation's Next Era Act of 2021'' or the ``PLANE Act of
2021''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; definition of Administrator.
TITLE I--FAIRNESS FOR PILOTS
Sec. 101. Expansion of Pilot's Bill of Rights.
Sec. 102. Enhancing protections for the aviation community.
Sec. 103. Limitations on reexamination of certificate holders.
Sec. 104. Aviation rulemaking and exemption petition due process.
Sec. 105. Timely resolution of investigations.
TITLE II--FORWARD LOOKING INVESTMENT IN GENERAL AVIATION, HANGARS, AND
TARMACS (FLIGHT ACT)
Sec. 201. Establishment of public private-partnership program at
general aviation airports.
Sec. 202. General aviation airport entitlement reform.
Sec. 203. Disaster relief airports.
Sec. 204. Airport development relating to disaster relief.
Sec. 205. Funding for projects as disaster relief airports.
Sec. 206. Revision of automated weather observing systems (AWOS)
policy.
TITLE III--SECURING AND REVITALIZING AVIATION (SARA ACT)
Sec. 301. Limitation of liability for certain individuals designated as
representatives of the Federal Aviation
Administration.
TITLE IV--AIR TRAFFIC CONTROLLER REFORMS
Sec. 401. Federal Aviation Administration Academy.
Sec. 402. Practical experience for air traffic controllers.
TITLE V--AVIATION FUEL TAXES
Sec. 501. Treatment of fuel for use in aviation.
TITLE VI--VOLUNTARY SURRENDER OF REPAIR STATION CERTIFICATE
Sec. 601. Revision of certain regulations relating to repair station
certificates.
(c) Definition of Administrator.--In this Act, the term
``Administrator'' means the Administrator of the Federal Aviation
Administration.
TITLE I--FAIRNESS FOR PILOTS
SEC. 101. EXPANSION OF PILOT'S BILL OF RIGHTS.
(a) Appeals of Suspended and Revoked Airman Certificates.--Section
2(d)(1) of the Pilot's Bill of Rights (Public Law 112-153; 126 Stat.
1159; 49 U.S.C. 44703 note) is amended by striking ``or imposing a
punitive civil action or an emergency order of revocation under
subsections (d) and (e) of section 44709 of such title'' and inserting
``suspending or revoking an airman certificate under section 44709(d)
of such title, or imposing an emergency order of revocation under
subsections (d) and (e) of section 44709 of such title''.
(b) De Novo Review by District Court; Burden of Proof.--Section
2(e) of the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159;
49 U.S.C. 44703 note) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--In an appeal filed under subsection (d)
in a United States district court with respect to a denial,
suspension, or revocation of an airman certificate by the
Administrator--
``(A) the district court shall review the denial,
suspension, or revocation de novo, including by--
``(i) conducting a full independent formal
examination of evidence before a judge, and
jury as may be applicable, including a review
of the complete administrative record of the
denial, suspension, or revocation;
``(ii) permitting additional discovery and
the taking of additional evidence; and
``(iii) making the findings of fact and
conclusions of law required by Rule 52 of the
Federal Rules of Civil Procedure without being
bound to any findings of fact of the
Administrator or the National Transportation
Safety Board.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Burden of proof.--In an appeal filed under subsection
(d) in a United States district court after an exhaustion of
administrative remedies, the burden of proof shall be as
follows:
``(A) In an appeal of the denial of an application
for the issuance or renewal of an airman certificate
under section 44703 of title 49, United States Code,
the burden of proof shall be upon the applicant denied
an airman certificate by the Administrator.
``(B) In an appeal of an order issued by the
Administrator under section 44709 of title 49, United
States Code, the burden of proof shall be upon the
Administrator.''; and
(4) by adding at the end the following:
``(4) Applicability of administrative procedure act.--
Notwithstanding paragraph (1)(A) of this subsection or
subsection (a)(1) of section 554 of title 5, United States
Code, section 554 of such title shall apply to adjudications of
the Administrator and the National Transportation Safety Board
to the same extent as that section applied to such
adjudications before the date of enactment of the Promoting the
Launch of Aviation's Next Era Act of 2021.''.
SEC. 102. ENHANCING PROTECTIONS FOR THE AVIATION COMMUNITY.
(a) NTSB Review of Application for Airman Certificate.--Section
44703(d) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1), the following new
paragraph:
``(3)(A) In the case of an application for the issuance of an
airman medical certificate, the National Transportation Safety Board
may review a denial that may not be considered a final denial by the
Administrator when the Administrator has twice reconsidered the
application and sustained a previous denial on that application.
``(B) The Administrator's failure to rule upon a request for
reconsideration of the denial of issuance of an airman medical
certificate within 60 days of the date on which the application to
reconsider is submitted to the Administrator shall be deemed to be a
denial of the application.''.
(b) Voluntary Surrender of an Airman Medical Certificate.--Section
44703 of title 49, United States Code, is amended by adding at the end
the following new subsection:
``(l) Voluntary Surrender of an Airman Medical Certificate.--An
airman may voluntarily surrender an airman medical certificate issued
under this section for cancellation at any time, unless the certificate
has been suspended or revoked by a Federal Aviation Administration
order of suspension or revocation at the time of the voluntary
surrender.''.
(c) Appeals.--Section 44703(d)(1) of title 49, United States Code,
is amended by striking ``holds a certificate that'' and all that
follows through the period and inserting ``holds a certificate that is
suspended at the time of denial.''.
(d) Reapplications.--Section 44709 of title 49, United States Code,
is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e), the following new
subsection:
``(f) Reapplications.--Except as provided in section 44710, any
person whose certificate has been revoked by an order of the
Administrator may reapply for a certificate at any time following the
revocation.''.
(e) Appeal of Suspension or Termination of Delegation.--Section
44702(d) of title 49, United States Code, is amended by adding at the
end the following: ``Subsections (d), (e), and (f) of section 44709
shall apply to a rescission of a delegation under this subsection in
the same manner as those subsections apply to an order of the
Administrator under that section.''.
SEC. 103. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.
(a) In General.--Section 44709(a) of title 49, United States Code,
is amended--
(1) in paragraph (1), by striking ``reexamine'' and
inserting ``, except as provided in paragraphs (2) and (3),
reexamine''; and
(2) by adding at the end the following:
``(3) Limitation on the reexamination of airman
certificates.--The Administrator may not reexamine an airman
holding a certificate issued under section 44703 of this title
if the reexamination is ordered as a result of an event
involving the fault of the Federal Aviation Administration or
its designee, unless the Administrator has reasonable grounds--
``(A) to establish that the airman may not be
qualified to exercise the privileges of a certificate
or rating issued to the airman by the Federal Aviation
Administration or its designee, based upon an act or
omission committed by the airman while exercising those
privileges, after the issuance of the certificate or
rating; or
``(B) to demonstrate that the airman obtained such
a certificate or rating through fraudulent means or
through an examination that was substantially and
demonstrably inadequate to establish the airman's
qualifications.''.
(b) Amendment, Modification, Suspension, or Revocation of Airman
Certificates After Reexamination.--Section 44709(b) of title 49, United
States Code, is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and by moving
such clauses, as so redesignated, 2 ems to the right;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs, as so redesignated, 2 ems to the right;
(3) in the matter preceding subparagraph (A), as
redesignated, by striking ``The Administrator'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2), the
Administrator''; and
(4) by adding at the end the following:
``(2) Amendments, modifications, suspensions, and
revocations of airman certificates after reexamination.--
``(A) In general.--The Administrator may not issue
an order to amend, modify, suspend, or revoke an airman
certificate issued under section 44703 of this title
after a reexamination of the airman holding the
certificate unless the Administrator determines that
the airman--
``(i) lacks the technical skills and
competency, or care, judgment, and
responsibility, necessary to hold and safely
exercise the privileges of the certificate; or
``(ii) materially contributed to the
issuance of the certificate by fraudulent
means.
``(B) Standard of review.--Any order of the
Administrator under this paragraph shall be subject to
the standard of review provided for under section 2 of
the Pilot's Bill of Rights (49 U.S.C. 44703 note).''.
(c) Conforming Amendments.--Section 44709(d)(1) of title 49, United
States Code, is amended--
(1) in subparagraph (A), by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
(2) in subparagraph (B), by striking ``subsection
(b)(1)(B)'' and inserting ``subsection (b)(1)(A)(ii)''.
SEC. 104. AVIATION RULEMAKING AND EXEMPTION PETITION DUE PROCESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall issue a final rule that
amends. as appropriate, sections 11.61 through 11.103 of title 14, Code
of Federal Regulations (Petitions for Rulemaking and for Exemption) to
do the following:
(1) Add the following decision factors to the decision
factors the Federal Aviation Administration considers pursuant
to subsection (a) of section 11.73 of such title 14 when
deciding whether to act on a petition for rulemaking:
(A) The number of certificate holders directly
affected by the proposed rulemaking.
(B) The impact of the proposed rulemaking on small
businesses.
(C) The number of organizations requesting the
proposed rulemaking.
(2) Require the designation of an employee of the Federal
Aviation Administration to manage each petition filed.
(3) Require notification of the following to each
petitioner within 30 days of receipt of a petition for
rulemaking properly submitted pursuant to such section 11.71, a
petition for exemption properly submitted pursuant to section
11.81 of such title 14, or a petition for reconsideration
submitted pursuant to section 11.101 of such title 14:
(A) The name and contact information for the
employee of the Federal Aviation Administration
designated pursuant to the requirement under paragraph
(2).
(B) How the Federal Aviation Administration will
dispose of the petition.
(C) If the Federal Aviation Administration
determines that the petition justifies Administration
action, a timeline for such action.
(D) If the Federal Aviation Administration
determines that the petition does not justify
Administration action, the basis for that decision with
specific reference to the decision factors under
subsection (a) of such section 11.71 for petitions for
rulemaking, under such section 11.81 for petitions for
exemption, or under such section 11.101 for petitions
for reconsideration, as applicable.
(b) Report to Congress.--Not later than September 30, 2022, and
each subsequent year thereafter, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that details the following with respect to the
prior calendar year:
(1) The number of petitions for rulemaking submitted
pursuant to sections 11.63 and 11.71 of such title 14.
(2) For each such petition for rulemaking--
(A) the regulations impacted or relevant to the
petition; and
(B) the nature, disposition, and status of each
petition.
(3) The number of petitions for exemption submitted
pursuant to such 11.81.
(4) For each such petition for exemption--
(A) the regulation from which exemption is sought;
and
(B) the disposition and status of each petition.
(5) The number of petitions for reconsideration submitted
pursuant to section 11.101.
(6) For each such petition for reconsideration--
(A) the regulation from which reconsideration is
sought; and
(B) the disposition and status of each petition.
SEC. 105. TIMELY RESOLUTION OF INVESTIGATIONS.
Not later than 180 days after the date of enactment of this Act,
the Administrator shall issue a final rule to amend, as appropriate--
(1) subpart A of part 13 of title 14, Code of Federal
Regulations, to require the completion of an investigation and
a decision by the Administrator on whether to initiate a
subsequent action within 2 years from the date upon which a
complaint is first filed pursuant to section 13.5 of such title
14; and
(2) subpart F of such part 13 to require the completion of
an investigation and a decision by the Administrator on whether
to initiate a subsequent action within 2 years of the issuance
of an order of investigation pursuant to section 13.103 of such
title 14.
TITLE II--FORWARD LOOKING INVESTMENT IN GENERAL AVIATION, HANGARS, AND
TARMACS (FLIGHT ACT)
SEC. 201. ESTABLISHMENT OF PUBLIC PRIVATE-PARTNERSHIP PROGRAM AT
GENERAL AVIATION AIRPORTS.
(a) In General.--Chapter 481 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 48115. General aviation public-private partnership program
``(a) Small Airport Public-Private Partnership Program.--The
Secretary of Transportation shall establish a program that meets the
requirements under this section for improving facilities at--
``(1) general aviation airports; and
``(2) privately owned airports used or intended to be used
for public purposes that do not have scheduled air service.
``(b) Application Required.--The operator or sponsor of an airport,
or the community in which an airport is located, seeking, on behalf of
the airport, to participate in the program established under subsection
(a) shall submit an application to the Secretary in such form, at such
time, and containing such information as the Secretary may require,
including--
``(1) an assessment of the needs of the airport for
additional or improved hangars, airport businesses, or other
facilities;
``(2) the ability of the airport to leverage private sector
investments on the airport or develop public-private
partnerships to build or improve facilities at the airport; and
``(3) if the application is submitted by a community,
evidence that the airport supports the application.
``(c) Limitation.--
``(1) State limit.--Not more than 4 airports in the same
State may be selected in any fiscal year to participate in the
program established under subsection (a).
``(2) Dollar amount limit.--Not more than $500,000 shall be
made available for any airport in any fiscal year under the
program established under subsection (a).
``(d) Priorities.--In selecting airports for participation in the
program established under subsection (a), the Secretary shall give
priority to airports at which--
``(1) the operator or sponsor of the airport, or the
community in which the airport is located--
``(A) will provide a portion of the cost of the
project for which assistance is sought under the
program from local sources;
``(B) will employ best business practices in
developing or implementing a public-private
partnership; or
``(C) has established, or will establish, a public-
private partnership to build or improve facilities at
the airport; or
``(2) the assistance will be used in a timely fashion.
``(e) Types of Assistance.--The Secretary may use amounts made
available under this section--
``(1) to provide assistance to market an airport to private
entities or individuals in order to leverage private sector
investments or develop public-private partnerships for the
purposes of building or improving hangars, businesses, or other
facilities at the airport;
``(2) to fund studies that consider what measures an
airport should take to attract private sector investment at the
airport; or
``(3) to participate in a partnership described in
paragraph (1) or an investment described in paragraph (2).
``(f) Authority To Make Agreements.--The Secretary may enter into
agreements with airports and entities entering into partnerships with
airports under this section to provide assistance under this section.
``(g) Availability of Amounts From Airport and Airway Trust Fund.--
``(1) In general.--There is authorized to be appropriated,
out of the Airport and Airway Trust Fund established under
section 9502 of the Internal Revenue Code of 1986, $5,000,000
for each of the fiscal years 2022 through 2027 to carry out
this section. Amounts appropriated pursuant to this paragraph
shall remain available until expended.
``(2) Availability.--Amounts appropriated pursuant to
paragraph (1)--
``(A) shall remain available until expended; and
``(B) shall be in addition to any amounts made
available pursuant to section 48103.''.
(b) Clerical Amendment.--The table of contents for chapter 481 of
such title is amended by adding at the end the following:
``48115. General aviation public-private partnership program.''.
(c) Expenditure Authority From Airport and Airway Trust Fund.--
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended
by inserting ``or section 47143 of title 49, United States Code''
before the semicolon at the end.
SEC. 202. GENERAL AVIATION AIRPORT ENTITLEMENT REFORM.
(a) United States Share of Project Costs.--Section 47109 of title
49, United States Code, is amended by adding at the end the following:
``(g) General Aviation Airports.--The Government's share of
allowable project costs may be increased by the Administrator of the
Federal Aviation Administration to 95 percent for a project--
``(1) at an airport that is not a primary airport if the
Administrator determines that the project will increase safety
or security at that airport; or
``(2) at an airport that is categorized as a basic or
unclassified airport in the report of the Federal Aviation
Administration entitled `General Aviation Airports: A National
Asset' and dated May 2012.''.
(b) Use of Apportioned Amounts.--Section 47117(e)(1) of title 49,
United States Code, is amended by adding at the end the following:
``(D) All amounts subject to apportionment for a fiscal
year that are not apportioned under section 47114(d), for
grants to sponsors of general aviation airports, reliever
airports, or nonprimary commercial service airports.''.
SEC. 203. DISASTER RELIEF AIRPORTS.
(a) Designation of Disaster Relief Airports.--
(1) In general.--Subchapter I of Chapter 471 is amended by
inserting after section 47131 the following:
``Sec. 47132. Disaster relief airports
``(a) Designation.--
``(1) In general.--The Secretary of Transportation (in this
section referred to as the `Secretary') shall designate as a
disaster relief airport an airport that--
``(A) is categorized as a regional reliever airport
in the report issued by the Federal Aviation
Administration entitled `National Plan of Integrated
Airport Systems (NPIAS) 2017-2021';
``(B) is within a reasonable distance, as
determined by the Secretary, of a hospital or
transplant or trauma center;
``(C) is in a region that the Secretary determines
under subsection (b) is prone to natural disasters;
``(D) has at least one paved runway with not less
than 3,400 feet of useable length capable of supporting
aircraft up to 12,500 pounds;
``(E) has aircraft maintenance or servicing
facilities at the airport able to provide aircraft
fueling and light maintenance services; and
``(F) has adequate taxiway and ramp space to
accommodate single engine or light multi-engine
aircraft simultaneously for loading and unloading of
supplies.
``(2) Designation in states without qualifying airports.--
If fewer than 3 airports described in paragraph (1) are located
in a State, the Secretary, in consultation with aviation
officials of that State, shall designate not more than 3
general aviation airports in that State as a disaster relief
airport under this section.
``(b) Prone to Natural Disasters.--
``(1) In general.--For the purposes of subsection
(a)(1)(C), a region is prone to natural disasters if--
``(A) in the case of earthquakes, there is not less
than a 50 percent probability that an earthquake of
magnitude 6 or above will occur in the region within 30
years, according to the United States Geological
Survey; and
``(B) in the case of other types of natural
disasters, the President has declared more than 5 major
disasters in the region under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170), according to the most recent map
of the Federal Emergency Management Agency.
``(2) Natural disaster defined.--For the purposes of this
section, the term `natural disaster' includes a hurricane,
tornado, severe storm, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, drought, or wildfire.
``(c) Requirements.--
``(1) Operation and maintenance.--
``(A) In general.--A disaster relief airport and
the facilities and fixed-based operators on or
connected with the airport shall be operated and
maintained in a manner the Secretary considers suitable
for disaster relief.
``(B) Exclusion.--A disaster relief airport shall
not be considered to be in violation of subparagraph
(A) if a runway is unusable because the runway is under
scheduled maintenance or is in need of necessary
repairs.
``(2) Compliance with assurances on airport operations.--A
disaster relief airport shall comply with the provisions of
section 47107 as if the airport has received a project grant
under this subchapter.
``(3) Natural disaster management plan.--A disaster relief
airport shall develop an emergency natural disaster management
plan in coordination with local emergency response teams and
first responders.
``(d) Civil Penalty.--A public agency that knowingly violates this
section shall be liable to the United States Government for a civil
penalty of not more than $10,000 for each day of the violation.
``(e) Consideration for Project Grants.--The Secretary shall give
consideration to the role an airport plays in disaster relief when
determining whether to provide a grant for the airport under this
subchapter.
``(f) Applicability of Other Laws.--This section shall apply
notwithstanding any other law, rule, regulation, or agreement.''.
(b) Clerical Amendment.--The table of contents for chapter 471 of
such title is amended by inserting after the item relating to section
47131 the following:
``47132. Disaster relief airports.''.
SEC. 204. AIRPORT DEVELOPMENT RELATING TO DISASTER RELIEF.
Section 47102(3) of title 49, United States Code, is amended by
adding at the end the following:
``(S) planning, acquiring, or constructing at an
airport designated as a disaster relief airport under
section 47132, including--
``(i) planning for disaster preparedness
associated with maintaining airport operations
during a natural disaster;
``(ii) airport communication equipment and
fixed emergency generators that are not able to
be acquired by programs funded under the
Department of Homeland Security; and
``(iii) constructing, expanding, and
improving airfield infrastructure to include
aprons and terminal buildings the Secretary
determines will facilitate disaster response at
the airport.''.
SEC. 205. FUNDING FOR PROJECTS AS DISASTER RELIEF AIRPORTS.
(a) In General.--Section 47114(d)(3) of title 49, United States
Code, is amended--
(1) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1), the following:
``(A) Not less than $25,000 to airports designated
as disaster relief airports under section 47132 to
enhance the ability of such airports to aid in disaster
relief, including through funding for airport
development described in section 47102(3)(P).''; and
(3) in subparagraphs (D) and (E), as redesignated by
paragraph (1), by striking ``subparagraph (A)'' each place it
appears and inserting ``subparagraph (B)''.
(b) Conforming Amendments.--
(1) Section 47106(a)(7) of title 49, United States Code, is
amended by striking ``47114(d)(3)(B)'' and inserting
``47114(d)(3)(C)''.
(2) Section 47117(b)(2) of title 49, United States Code, is
amended--
(A) in subparagraph (A)(i), by striking ``(3)(A)''
and inserting ``(3)(B)''; and
(B) in subparagraph (B)--
(i) by striking ``47114(d)(3)(A)'' and
inserting ``47114(d)(3)(B)''; and
(ii) by striking ``47114(d)(3)(B)'' and
inserting ``47114(d)(3)(C)''.
SEC. 206. REVISION OF AUTOMATED WEATHER OBSERVING SYSTEMS (AWOS)
POLICY.
(a) In General.--Section 553(d)(1) of the FAA Reauthorization Act
of 2018 (Public Law 115-254) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) the Secretary determines the grant obligation
does not exceed the amounts made available under
paragraph (1) of section 47117(f) of such title 49 for
that fiscal year; and''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the FAA Reauthorization
Act of 2018 (Public Law 115-254).
TITLE III--SECURING AND REVITALIZING AVIATION (SARA ACT)
SEC. 301. LIMITATION OF LIABILITY FOR CERTAIN INDIVIDUALS DESIGNATED AS
REPRESENTATIVES OF THE FEDERAL AVIATION ADMINISTRATION.
(a) In General.--Any individual designated by the Administrator
under subpart C of part 183 of title 14, Code of Federal Regulations,
to act as a representative of the Administrator, including an aviation
medical examiner, pilot examiner, mechanic examiner, or designated
airworthiness representative, shall, when carrying out duties pursuant
to that designation and without regard to the individual's employer--
(1) be considered to be performing an activity necessary to
safeguard a uniquely Federal interest; and
(2) not be liable in a civil action for actions performed
with reasonable care in connection with those duties.
(b) Fraudulent Misconduct.--This section does not relieve an
individual described in subsection (a) that causes harm to any person
through intentional or fraudulent misconduct while carrying out duties
pursuant to that subsection from any penalty applicable under any
provision of law for that misconduct.
(c) Activity Covered.--This section shall only apply to those
individuals carrying out their duties within the United States or its
territories.
TITLE IV--AIR TRAFFIC CONTROLLER REFORMS
SEC. 401. FEDERAL AVIATION ADMINISTRATION ACADEMY.
The Administrator shall designate all necessary employees at the
Mike Monroney Aeronautical Center in Oklahoma City, Oklahoma, as
excepted employees in the event of a covered lapse in appropriations
(as such terms are defined in section 1341(c) of title 31, United
States Code) that is in effect on or after the date of enactment of
this Act to ensure that the Federal Aviation Administration Academy
remains open and capable of continuing to train air traffic controllers
for the duration of the covered lapse in appropriations to the Federal
Aviation Administration.
SEC. 402. PRACTICAL EXPERIENCE FOR AIR TRAFFIC CONTROLLERS.
(a) Review.--
(1) In general.--The Administrator shall assign to the
Aviation Rulemaking Advisory Committee (in this section
referred to as the ``Committee'') the task of reviewing all
regulations and policies related to the training of air traffic
control tower operators, including the practical experience
requirements.
(2) Recommendations.--After conducting the review under
paragraph (1), the Committee shall, not later than 6 months
after the date of enactment of this Act, submit to the
Administrator recommendations on the following:
(A) Ways to modify the requirements described in
paragraph (1) to enable the contract tower industry to
prepare and better utilize approved air traffic
collegiate training initiative (AT-CTI) school
graduates, veterans, and other qualified air traffic
control program graduates for work at air traffic
control facilities in the Federal contract tower
program.
(B) Regulatory and policy changes that are
necessary to ensure that an applicant applying for
their initial facility rating must successfully
accomplish a minimum of 2 months of on-the-job training
in a control tower and that such an applicant be
allowed to qualify for a facility rating having
undertaken classroom and simulation training within a
formal training process approved by the Federal
Aviation Administration that may not have taken place
within the facility for which the initial facility
rating is being applied.
(C) Other areas determined appropriate by the
Committee.
(b) Action Based on Recommendations.--Not later than 1 year after
receiving recommendations under subsection (a)(2), the Administrator
shall take such actions as the Administrator considers appropriate with
respect to such recommendations.
TITLE V--AVIATION FUEL TAXES
SEC. 501. TREATMENT OF FUEL FOR USE IN AVIATION.
(a) Rate of Tax.--
(1) In general.--Section 4081(a)(2)(A) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (ii), by striking the period at the end of clause
(iii) and inserting ``, and'', and by adding at the end the
following new clause:
``(iv) in the case of aviation-grade
kerosene, 21.9 cents per gallon.''.
(2) Taxes imposed on fuel used in commercial aviation.--
Section 4081(a)(2)(C) of such Code is amended to read as
follows:
``(C) Taxes imposed on fuel used in commercial
aviation.--In the case of aviation-grade kerosene which
is removed from any refinery or terminal directly into
the fuel tank of an aircraft for use in commercial
aviation by a person registered for such use under
section 4101, the rate of tax under subparagraph
(A)(iv) shall be 4.3 cents per gallon.''.
(3) Refueller trucks, tankers, and tank wagons.--Section
4081(a)(3) of such Code is amended--
(A) by inserting ``a secured area of'' before ``an
airport'' in subparagraph (A)(i), and
(B) by striking subparagraph (D).
(4) Conforming amendments.--
(A) Sections 4081(a)(3)(A) and 4082(b) of such Code
are amended by striking ``kerosene'' each place it
appears and inserting ``aviation-grade kerosene''.
(B) Section 4081(a)(4) of such Code is amended by
striking ``paragraph (2)(C)(i)'' and inserting
``paragraph (2)(C)''.
(C) The heading for section 4081(a)(4) of such Code
is amended by striking ``kerosene'' and inserting
``aviation-grade kerosene''.
(D) Section 4081(d)(2) of such Code is amended by
striking so much as precedes subparagraph (A) and
inserting the following:
``(2) Aviation fuels.--The rate of tax specified in
subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon--''.
(E) Subsection (e) of section 4082 of such Code is
amended--
(i) by striking ``kerosene (other than
kerosene'' and inserting ``aviation-grade
kerosene (other than any such kerosene'',
(ii) by striking ``section
4081(a)(2)(A)(iii)'' and inserting ``section
4081(a)(2)(A)(iv)'',
(iii) by striking the last sentence, and
(iv) by striking ``Kerosene Removed Into an
Aircraft'' in the heading and inserting
``Aviation-Grade Kerosene''.
(b) Rate for Use of Certain Liquids in Aviation.--
(1) In general.--Section 4041(c) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``liquid for use as a fuel other
than aviation gasoline'' in paragraph (1) and inserting
``aviation-grade kerosene'',
(B) by striking ``liquid for use as a fuel other
than aviation gasoline'' in paragraph (2) and inserting
``aviation-grade kerosene'',
(C) by striking paragraph (3) and inserting the
following new paragraph:
``(3) Rate of tax.--The rate of tax imposed by this
subsection shall be the rate of tax applicable under section
4081(a)(2)(A)(iv) which is in effect at the time of such sale
or use.'', and
(D) by striking ``Certain Liquids Used as Fuel in
Aviation'' in the heading and inserting ``Aviation-
Grade Kerosene''.
(2) Partial refund of full rate.--Section 6427(l)(2) of
such Code is amended to read as follows:
``(2) Nontaxable use.--For purposes of this subsection, the
term `nontaxable use' means--
``(A) in the case of diesel fuel or kerosene (other
than aviation-grade kerosene), any use which is exempt
from the tax imposed by section 4041(a)(1) other than
by reason of a prior imposition of tax, and
``(B) in the case of aviation-grade kerosene--
``(i) any use which is exempt from the tax
imposed by section 4041(c) other than by reason
of a prior imposition of tax, or
``(ii) any use in commercial aviation
(within the meaning of section 4083(b)).''.
(3) Conforming amendments.--
(A) Section 4041(a)(1)(B) of such Code is amended
by adding at the end the following: ``This subparagraph
shall not apply to aviation-grade kerosene.''.
(B) The heading for section 6427(l) of such Code is
amended by striking ``and Kerosene'' and inserting ``,
Kerosene, and Aviation Fuel''.
(C) Section 6427(l)(4) of such Code is amended--
(i) in subparagraph (A)--
(I) by striking ``kerosene'' and
inserting ``aviation-grade kerosene'',
(II) by striking ``section
4081(a)(2)(A)(iii)'' in clause (ii) and
inserting ``section
4081(a)(2)(A)(iv)'', and
(III) by striking ``Kerosene used
in commercial aviation'' in the heading
and inserting ``In general'',
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) Payment to ultimate registered vendor.--With
respect to any aviation-grade kerosene, if the ultimate
purchaser of such kerosene waives (at such time and in
such form and manner as the Secretary shall prescribe)
the right to payment under paragraph (1) and assigns
such right to the ultimate vendor, then the Secretary
shall pay the amount which would be paid under
paragraph (1) to such ultimate vendor, but only if such
ultimate vendor--
``(i) is registered under section 4101, and
``(ii) meets the requirements of
subparagraph (A), (B), or (D) of section
6416(a)(1).'', and
(iii) by striking ``kerosene used in
aviation'' in the heading and inserting
``aviation-grade kerosene''.
(D) Section 6427(i)(4)(A) of such Code is amended--
(i) by striking ``paragraph (4)(C)'' and
inserting ``paragraph (4)(B)'', and
(ii) by striking ``, (l)(4)(C)(ii),''.
(E) Section 6427(l)(5)(B) of such Code is amended
by striking ``kerosene used in aviation'' and inserting
``aviation-grade kerosene''.
(c) Transfers From Highway Trust Fund of Taxes on Fuels Used in
Aviation to Airport and Airway Trust Fund.--
(1) In general.--Section 9503(c) of the Internal Revenue
Code of 1986 is amended by striking paragraph (5).
(2) Conforming amendments.--
(A) Section 9502(a) of such Code is amended by
striking ``, section 9503(c)(5),''.
(B) Section 9502(b)(1)(D) of such Code is amended
by striking ``and kerosene to the extent attributable
to the rate specified in section 4081(a)(2)(C)'' and
inserting ``and aviation-grade kerosene''.
(C) Section 9503(b) of such Code is amended by
inserting after paragraph (2) the following new
paragraph:
``(3) Adjustments for aviation uses.--The amounts described
in paragraphs (1) and (2) with respect to any period shall
(before the application of this subsection) be reduced by
appropriate amounts to reflect any amounts transferred to the
Airport and Airway Trust Fund under section 9502(b) with
respect to such period.''.
(d) Certain Transfers Not Transferred From Airport and Airway Trust
Fund.--
(1) Section 9502(d)(2) of the Internal Revenue Code of 1986
is amended by striking ``(other than subsection (l)(4)
thereof)''.
(2) Section 9502(d)(3) of such Code is amended by striking
``(other than payments made by reason of paragraph (4) of
section 6427(l))''.
(e) Effective Date.--The amendments made by this section shall
apply to fuels or liquids removed, entered, or sold after September 30,
2021.
TITLE VI--VOLUNTARY SURRENDER OF REPAIR STATION CERTIFICATE
SEC. 601. REVISION OF CERTAIN REGULATIONS RELATING TO REPAIR STATION
CERTIFICATES.
The Administrator shall--
(1) not later than 60 days after the date of the enactment
of this Act, publish in the Federal Register a notice of
proposed rulemaking revising part 145 of title 14, Code of
Federal Regulations--
(A) to restore the right of a repair station to
unilaterally surrender its certificate;
(B) to prevent an individual who materially
contributes to the revocation of a repair station
certificate or causes the process of revoking such a
certificate to begin from reentering the industry; and
(C) to clarify that a repair station that
terminates an individual who materially contributes to
the revocation of the certificate of the repair station
or causes the process of revoking that certificate to
begin may reapply for a certificate; and
(2) not later than 90 days after publishing the notice of
proposed rulemaking, publish in the Federal Register a final
rule with respect to those revisions.
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