Text: H.R.302 — 115th Congress (2017-2018)All Information (Except Text)
Shown Here:
Public Law No: 115-254 (10/05/2018)
[115th Congress Public Law 254]
[From the U.S. Government Publishing Office]
[[Page 3185]]
FAA REAUTHORIZATION ACT OF 2018
[[Page 132 STAT. 3186]]
Public Law 115-254
115th Congress
An Act
To provide protections for certain sports medicine professionals, to
reauthorize Federal aviation programs, to improve aircraft safety
certification processes, and for other purposes. <<NOTE: Oct. 5,
2018 - [H.R. 302]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: FAA
Reauthorization Act of 2018.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 49 USC 40101 note.>> Short Title.--This Act may be
cited as the ``FAA Reauthorization Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A <<NOTE: Sports Medicine Licensure Clarity Act of 2018>> --
SPORTS MEDICINE LICENSURE
Sec. 11. <<NOTE: 15 USC 8601 note.>> Short title.
Sec. 12. <<NOTE: 15 USC 8601.>> Protections for covered sports medicine
professionals.
DIVISION B--FAA REAUTHORIZATION ACT OF 2018
Sec. 101. Definition of appropriate committees of Congress.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 111. Airport planning and development and noise compatibility
planning and programs.
Sec. 112. Facilities and equipment.
Sec. 113. FAA operations.
Sec. 114. Weather reporting programs.
Sec. 115. Adjustment to AIP program funding.
Sec. 116. Funding for aviation programs.
Sec. 117. Extension of expiring authorities.
Subtitle B--Passenger Facility Charges
Sec. 121. Passenger facility charge modernization.
Sec. 122. Future aviation infrastructure and financing study.
Sec. 123. Intermodal access projects.
Subtitle C--Airport Improvement Program Modifications
Sec. 131. Grant assurances.
Sec. 132. Mothers' rooms.
Sec. 133. Contract Tower Program.
Sec. 134. Government share of project costs.
Sec. 135. Updated veterans' preference.
Sec. 136. Use of State highway specifications.
Sec. 137. Former military airports.
Sec. 138. Eligibility of CCTV projects for airport improvement program.
Sec. 139. State block grant program expansion.
Sec. 140. Non-movement area surveillance pilot program.
Sec. 141. Property conveyance releases.
Sec. 142. Study regarding technology usage at airports.
Sec. 143. Study on airport revenue diversion.
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Sec. 144. GAO study on the effect of granting an exclusive right of
aeronautical services to an airport sponsor.
Sec. 145. Sense of Congress on smart airports.
Sec. 146. Critical airfield markings.
Sec. 147. General facilities authority.
Sec. 148. Recycling plans; uncategorized small airports.
Sec. 149. Evaluation of airport master plans.
Sec. 150. Definition of small business concern.
Sec. 151. Small airport regulation relief.
Sec. 152. Construction of certain control towers.
Sec. 153. Nondiscrimination.
Sec. 154. Definition of airport development.
Sec. 155. General aviation airport expired funds.
Sec. 156. Priority review of construction projects in cold weather
States.
Sec. 157. Minority and disadvantaged business participation.
Sec. 158. Supplemental discretionary funds.
Sec. 159. State taxation.
Sec. 160. Airport investment partnership program.
Sec. 161. Remote tower pilot program for rural and small communities.
Sec. 162. Airport access roads in remote locations.
Sec. 163. Limited regulation of non-federally sponsored property.
Sec. 164. Seasonal airports.
Sec. 165. Amendments to definitions.
Sec. 166. Pilot program sunsets.
Sec. 167. Buy America requirements.
Subtitle D--Airport Noise and Environmental Streamlining
Sec. 171. Funding eligibility for airport energy efficiency assessments.
Sec. 172. Authorization of certain flights by stage 2 aircraft.
Sec. 173. Alternative airplane noise metric evaluation deadline.
Sec. 174. Updating airport noise exposure maps.
Sec. 175. Addressing community noise concerns.
Sec. 176. Community involvement in FAA NextGen projects located in
metroplexes.
Sec. 177. Lead emissions.
Sec. 178. Terminal sequencing and spacing.
Sec. 179. Airport noise mitigation and safety study.
Sec. 180. Regional ombudsmen.
Sec. 181. FAA leadership on civil supersonic aircraft.
Sec. 182. Mandatory use of the New York North Shore Helicopter Route.
Sec. 183. State standards for airport pavements.
Sec. 184. Eligibility of pilot program airports.
Sec. 185. Grandfathering of certain deed agreements granting through-
the-fence access to general aviation airports.
Sec. 186. Stage 3 aircraft study.
Sec. 187. Aircraft noise exposure.
Sec. 188. Study regarding day-night average sound levels.
Sec. 189. Study on potential health and economic impacts of overflight
noise.
Sec. 190. Environmental mitigation pilot program.
Sec. 191. Extending aviation development streamlining.
Sec. 192. Zero-emission vehicles and technology.
TITLE II--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
Sec. 201. Definitions.
Sec. 202. Safety Oversight and Certification Advisory Committee.
Subtitle B--Aircraft Certification Reform
Sec. 211. Aircraft certification performance objectives and metrics.
Sec. 212. Organization designation authorizations.
Sec. 213. ODA review.
Sec. 214. Type certification resolution process.
Sec. 215. Review of certification process for small general aviation
airplanes.
Sec. 216. ODA staffing and oversight.
Subtitle C--Flight Standards Reform
Sec. 221. Flight standards performance objectives and metrics.
Sec. 222. FAA task force on flight standards reform.
Sec. 223. Centralized safety guidance database.
Sec. 224. Regulatory Consistency Communications Board.
Subtitle D--Safety Workforce
Sec. 231. Safety workforce training strategy.
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Sec. 232. Workforce review.
Subtitle E--International Aviation
Sec. 241. Promotion of United States aerospace standards, products, and
services abroad.
Sec. 242. Bilateral exchanges of safety oversight responsibilities.
Sec. 243. FAA leadership abroad.
Sec. 244. Registration, certification, and related fees.
TITLE III--SAFETY
Subtitle A--General Provisions
Sec. 301. Definitions.
Sec. 302. FAA technical training.
Sec. 303. Safety critical staffing.
Sec. 304. International efforts regarding tracking of civil aircraft.
Sec. 305. Aircraft data access and retrieval systems.
Sec. 306. Advanced cockpit displays.
Sec. 307. Emergency medical equipment on passenger aircraft.
Sec. 308. FAA and NTSB review of general aviation safety.
Sec. 309. Call to action airline engine safety review.
Sec. 310. Sense of Congress on access to air carrier flight decks.
Sec. 311. Part 135 accident and incident data.
Sec. 312. Sense of Congress; pilot in command authority.
Sec. 313. Report on conspicuity needs for surface vehicles operating on
the airside of air carrier served airports.
Sec. 314. Helicopter air ambulance operations data and reports.
Sec. 315. Aviation rulemaking committee for part 135 pilot rest and duty
rules.
Sec. 316. Report on obsolete test equipment.
Sec. 317. Helicopter fuel system safety.
Sec. 318. Applicability of medical certification standards to operators
of air balloons.
Sec. 319. Designated pilot examiner reforms.
Sec. 320. Voluntary reports of operational or maintenance issues related
to aviation safety.
Sec. 321. Evaluation regarding additional ground based transmitters.
Sec. 322. Improved safety in rural areas.
Sec. 323. Exit rows.
Sec. 324. Comptroller General report on FAA enforcement policy.
Sec. 325. Annual safety incident report.
Sec. 326. Aircraft air quality.
Sec. 327. Approach control radar.
Sec. 328. Report on airline and passenger safety.
Sec. 329. Performance-based standards.
Sec. 330. Report and recommendations on certain aviation safety risks.
Sec. 331. Review of FAA's Aviation Safety Information Analysis and
Sharing System.
Sec. 332. Airport rescue and firefighting.
Sec. 333. Safe air transportation of lithium cells and batteries.
Sec. 334. Runway safety.
Sec. 335. Flight attendant duty period limitations and rest
requirements.
Sec. 336. Secondary cockpit barriers.
Sec. 337. Aircraft cabin evacuation procedures.
Sec. 338. Sense of Congress.
Sec. 339. Civil penalties for interference.
Sec. 339A. National in-flight sexual misconduct task force.
Sec. 339B. Reporting process for sexual misconduct onboard aircraft.
Subtitle B--Unmanned Aircraft Systems
Sec. 341. Definitions; Integration of civil unmanned aircraft systems
into national airspace system.
Sec. 342. Update of FAA comprehensive plan.
Sec. 343. Unmanned aircraft test ranges.
Sec. 344. Small unmanned aircraft in the Arctic.
Sec. 345. Small unmanned aircraft safety standards.
Sec. 346. Public unmanned aircraft systems.
Sec. 347. Special authority for certain unmanned aircraft systems.
Sec. 348. Carriage of property by small unmanned aircraft systems for
compensation or hire.
Sec. 349. Exception for limited recreational operations of unmanned
aircraft.
Sec. 350. Use of unmanned aircraft systems at institutions of higher
education.
[[Page 132 STAT. 3189]]
Sec. 351. Unmanned aircraft systems integration pilot program.
Sec. 352. Part 107 transparency and technology improvements.
Sec. 353. Emergency exemption process.
Sec. 354. Treatment of unmanned aircraft operating underground.
Sec. 355. Public UAS operations by Tribal governments.
Sec. 356. Authorization of appropriations for Know Before You Fly
campaign.
Sec. 357. Unmanned aircraft systems privacy policy.
Sec. 358. UAS privacy review.
Sec. 359. Study on fire department and emergency service agency use of
unmanned aircraft systems.
Sec. 360. Study on financing of unmanned aircraft services.
Sec. 361. Report on UAS and chemical aerial application.
Sec. 362. Sense of Congress regarding unmanned aircraft safety.
Sec. 363. Prohibition regarding weapons.
Sec. 364. U.S. Counter-UAS system review of interagency coordination
processes.
Sec. 365. Cooperation related to certain counter-UAS technology.
Sec. 366. Strategy for responding to public safety threats and
enforcement utility of unmanned aircraft systems.
Sec. 367. Incorporation of Federal Aviation Administration occupations
relating to unmanned aircraft into veterans employment
programs of the administration.
Sec. 368. Public UAS access to special use airspace.
Sec. 369. Applications for designation.
Sec. 370. Sense of Congress on additional rulemaking authority.
Sec. 371. Assessment of aircraft registration for small unmanned
aircraft.
Sec. 372. Enforcement.
Sec. 373. Federal and local authorities.
Sec. 374. Spectrum.
Sec. 375. Federal Trade Commission authority.
Sec. 376. Plan for full operational capability of unmanned aircraft
systems traffic management.
Sec. 377. Early implementation of certain UTM services.
Sec. 378. Sense of Congress.
Sec. 379. Commercial and governmental operators.
Sec. 380. Transition language.
Sec. 381. Unmanned aircraft systems in restricted buildings or grounds.
Sec. 382. Prohibition.
Sec. 383. Airport safety and airspace hazard mitigation and enforcement.
Sec. 384. Unsafe operation of unmanned aircraft.
Subtitle C--General Aviation Safety
Sec. 391. Short title.
Sec. 392. Expansion of Pilot's Bill of Rights.
Sec. 393. Notification of reexamination of certificate holders.
Sec. 394. Expediting updates to NOTAM Program.
Sec. 395. Accessibility of certain flight data.
Sec. 396. Authority for legal counsel to issue certain notices.
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
Sec. 401. Definitions.
Sec. 402. Reliable air service in American Samoa.
Sec. 403. Cell phone voice communication ban.
Sec. 404. Improved notification of insecticide use.
Sec. 405. Consumer complaints hotline.
Sec. 406. Consumer information on actual flight times.
Sec. 407. Training policies regarding racial, ethnic, and religious
nondiscrimination.
Sec. 408. Training on human trafficking for certain staff.
Sec. 409. Prohibitions against smoking on passenger flights.
Sec. 410. Report on baggage reporting requirements.
Sec. 411. Enforcement of aviation consumer protection rules.
Sec. 412. Strollers.
Sec. 413. Causes of airline delays or cancellations.
Sec. 414. Involuntary changes to itineraries.
Sec. 415. Extension of Advisory Committee for Aviation Consumer
Protection.
Sec. 416. Online access to aviation consumer protection information.
Sec. 417. Protection of pets on airplanes.
Sec. 418. Advisory committee on air ambulance and patient billing.
Sec. 419. Air ambulance complaints to the Department of Transportation.
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Sec. 420. Report to Congress on air ambulance oversight.
Sec. 421. Refunds for other fees that are not honored by a covered air
carrier.
Sec. 422. Advance boarding during pregnancy.
Sec. 423. Consumer complaint process improvement.
Sec. 424. Aviation consumer advocate.
Sec. 425. TICKETS Act.
Sec. 426. Report on availability of lavatories on commercial aircraft.
Sec. 427. Consumer protection requirements relating to large ticket
agents.
Sec. 428. Widespread disruptions.
Sec. 429. Passenger rights.
Subtitle B--Aviation Consumers With Disabilities
Sec. 431. Aviation consumers with disabilities study.
Sec. 432. Study on in-cabin wheelchair restraint systems.
Sec. 433. Improving wheelchair assistance for individuals with
disabilities.
Sec. 434. Airline Passengers with Disabilities Bill of Rights.
Sec. 435. Sense of Congress regarding equal access for individuals with
disabilities.
Sec. 436. Civil penalties relating to harm to passengers with
disabilities.
Sec. 437. Harmonization of service animal standards.
Sec. 438. Review of practices for ticketing, pre-flight seat
assignments, and stowing of assistive devices for passengers
with disabilities.
Sec. 439. Advisory committee on the air travel needs of passengers with
disabilities.
Sec. 440. Regulations ensuring assistance for passengers with
disabilities in air transportation.
Sec. 441. Transparency for disabled passengers.
Subtitle C--Small Community Air Service
Sec. 451. Essential air service authorization.
Sec. 452. Study on essential air service reform.
Sec. 453. Air transportation to noneligible places.
Sec. 454. Inspector general review of service and oversight of
unsubsidized carriers.
Sec. 455. Small community air service.
Sec. 456. Waivers.
Sec. 457. Extension of final order establishing mileage adjustment
eligibility.
Sec. 458. Reduction in subsidy-per-passenger.
TITLE V--MISCELLANEOUS
Sec. 501. Definitions.
Sec. 502. Report on air traffic control modernization.
Sec. 503. Return on investment report.
Sec. 504. Air traffic control operational contingency plans.
Sec. 505. 2020 ADS-B Out mandate plan.
Sec. 506. Securing aircraft avionics systems.
Sec. 507. Human factors.
Sec. 508. Programmatic risk management.
Sec. 509. Review of FAA strategic cybersecurity plan.
Sec. 510. Consolidation and realignment of FAA services and facilities.
Sec. 511. FAA review and reform.
Sec. 512. Air shows.
Sec. 513. Part 91 review, reform, and streamlining.
Sec. 514. Aircraft leasing.
Sec. 515. Pilots sharing flight expenses with passengers.
Sec. 516. Terminal Aerodrome Forecast.
Sec. 517. Public aircraft eligible for logging flight times.
Sec. 518. Aircraft Registry Office.
Sec. 519. FAA data transparency.
Sec. 520. Intra-agency coordination.
Sec. 521. Administrative Services Franchise Fund.
Sec. 522. Automatic dependent surveillance-broadcast.
Sec. 523. Contract weather observers.
Sec. 524. Regions and centers.
Sec. 525. Geosynthetic materials.
Sec. 526. National Airmail Museum.
Sec. 527. Status of agreement between FAA and Little Rock Port
Authority.
Sec. 528. Briefing on aircraft diversions from Los Angeles International
Airport to Hawthorne Municipal Airport.
Sec. 529. TFR report.
Sec. 530. Air traffic services at aviation events.
Sec. 531. Application of veterans' preference to Federal Aviation
Administration personnel management system.
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Sec. 532. Clarification of requirements for living history flights.
Sec. 533. Review and reform of FAA performance management system.
Sec. 534. NextGen delivery study.
Sec. 535. Study on allergic reactions.
Sec. 536. Oxygen mask design study.
Sec. 537. Air cargo study.
Sec. 538. Sense of Congress on preventing the transportation of disease-
carrying mosquitoes and other insects on commercial aircraft.
Sec. 539. Technical corrections.
Sec. 540. Report on illegal charter flights.
Sec. 541. Use of NASA's super guppy aircraft for commercial transport.
Sec. 542. Prohibited airspace assessment.
Sec. 543. Report on multiagency use of airspace and environmental
review.
Sec. 544. Agency procurement reporting requirements.
Sec. 545. FAA organizational reform.
Sec. 546. FAA Civil Aviation Registry upgrade.
Sec. 547. Enhanced air traffic services.
Sec. 548. Sense of Congress on artificial intelligence in aviation.
Sec. 549. Study on cybersecurity workforce of FAA.
Sec. 550. Treatment of multiyear lessees of large and turbine-powered
multiengine aircraft.
Sec. 551. Employee Assault Prevention and Response Plans.
Sec. 552. Study on training of customer-facing air carrier employees.
Sec. 553. Automated weather observing systems policy.
Sec. 554. Prioritizing and supporting the Human Intervention Motivation
Study (HIMS) program and the Flight Attendant Drug and
Alcohol Program (FADAP).
Sec. 555. Cost-effectiveness analysis of equipment rental.
Sec. 556. Aircraft registration.
Sec. 557. Requirement to consult with stakeholders in defining scope and
requirements for future flight service program.
Sec. 558. Federal Aviation Administration performance measures and
targets.
Sec. 559. Report on plans for air traffic control facilities in the New
York City and Newark region.
Sec. 560. Work plan for the New York/New Jersey/Philadelphia
Metropolitan Area Airspace Project.
Sec. 561. Annual report on inclusion of disabled veteran leave in
personnel management system.
Sec. 562. Enhanced surveillance capability.
Sec. 563. Access of air carriers to information about applicants to be
pilots from national driver register.
Sec. 564. Regulatory reform.
Sec. 565. Aviation fuel.
Sec. 566. Right to privacy when using air traffic control system.
Sec. 567. Federal Aviation Administration workforce review.
Sec. 568. Review of approval process for use of large air tankers and
very large air tankers for wildland firefighting.
Sec. 569. FAA technical workforce.
Sec. 570. Study on airport credit assistance.
Sec. 571. Spectrum availability.
Sec. 572. Special review relating to air space changes.
Sec. 573. Reimbursement for immigration inspections.
Sec. 574. FAA employees in Guam.
Sec. 575. GAO study on airline computer network disruptions.
Sec. 576. Tower marking.
Sec. 577. Minimum dimensions for passenger seats.
Sec. 578. Judicial review for proposed alternative environmental review
and approval procedures.
Sec. 579. Regulatory streamlining.
Sec. 580. Spaceports.
Sec. 581. Special rule for certain aircraft operations (space support
vehicles).
Sec. 582. Portability of repairman certificates.
Sec. 583. Undeclared hazardous materials public awareness campaign.
Sec. 584. Liability protection for volunteer pilots who fly for the
public benefit.
TITLE VI--AVIATION WORKFORCE
Subtitle A--Youth in Aviation
Sec. 601. Student outreach report.
Sec. 602. Youth Access to American Jobs in Aviation Task Force.
Subtitle B--Women in Aviation
Sec. 611. Sense of Congress regarding women in aviation.
[[Page 132 STAT. 3192]]
Sec. 612. Supporting women's involvement in the aviation field.
Subtitle C--Future of Aviation Workforce
Sec. 621. Aviation and aerospace workforce of the future.
Sec. 622. Aviation and aerospace workforce of the future study.
Sec. 623. Sense of Congress on hiring veterans.
Sec. 624. Aviation maintenance industry technical workforce.
Sec. 625. Aviation workforce development programs.
Subtitle D--Unmanned Aircraft Systems Workforce
Sec. 631. Community and technical college centers of excellence in small
unmanned aircraft system technology training.
Sec. 632. Collegiate training initiative program for unmanned aircraft
systems.
TITLE VII--FLIGHT R&D ACT
Subtitle A--General Provisions
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Authorization of appropriations.
Subtitle B--FAA Research and Development Organization
Sec. 711. Assistant Administrator for Research and Development.
Sec. 712. Research advisory committee.
Subtitle C--Unmanned Aircraft Systems
Sec. 721. Unmanned aircraft systems research and development roadmap.
Subtitle D--Cybersecurity and Responses to Other Threats
Sec. 731. Cyber Testbed.
Sec. 732. Study on the effect of extreme weather on air travel.
Subtitle E--FAA Research and Development Activities
Sec. 741. Research plan for the certification of new technologies into
the national airspace system.
Sec. 742. Technology review.
Sec. 743. CLEEN aircraft and engine technology partnership.
Sec. 744. Research and deployment of certain airfield pavement
technologies.
Subtitle F--Geospatial Data
Sec. 751. Short title; findings.
Sec. 752. Definitions.
Sec. 753. Federal Geographic Data Committee.
Sec. 754. National Geospatial Advisory Committee.
Sec. 755. National Spatial Data Infrastructure.
Sec. 756. National Geospatial Data Asset data themes.
Sec. 757. Geospatial data standards.
Sec. 758. GeoPlatform.
Sec. 759. Covered agency responsibilities.
Sec. 759A. Limitation on use of Federal funds.
Sec. 759B. Savings provision.
Sec. 759C. Private sector.
Subtitle G--Miscellaneous
Sec. 761. NextGen research.
Sec. 762. Advanced Materials Center of Excellence.
TITLE VIII--AVIATION REVENUE PROVISIONS
Sec. 801. Expenditure authority from Airport and Airway Trust Fund.
Sec. 802. Extension of taxes funding Airport and Airway Trust Fund.
DIVISION C--NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF
2018
Sec. 1101. Short title.
Sec. 1102. Definitions.
Sec. 1103. Authorization of appropriations.
Sec. 1104. Still images.
Sec. 1105. Electronic records.
Sec. 1106. Report on Most Wanted List methodology.
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Sec. 1107. Methodology.
Sec. 1108. Multimodal accident database management system.
Sec. 1109. Addressing the needs of families of individuals involved in
accidents.
Sec. 1110. Government Accountability Office report on investigation
launch decision-making processes.
Sec. 1111. Periodic review of safety recommendations.
Sec. 1112. General organization.
Sec. 1113. Technical and conforming amendments.
DIVISION D--DISASTER RECOVERY REFORM
Sec. 1201. Short title.
Sec. 1202. Applicability.
Sec. 1203. Definitions.
Sec. 1204. Wildfire prevention.
Sec. 1205. Additional activities.
Sec. 1206. Eligibility for code implementation and enforcement.
Sec. 1207. Program improvements.
Sec. 1208. Prioritization of facilities.
Sec. 1209. Guidance on evacuation routes.
Sec. 1210. Duplication of benefits.
Sec. 1211. State administration of assistance for direct temporary
housing and permanent housing construction.
Sec. 1212. Assistance to individuals and households.
Sec. 1213. Multifamily lease and repair assistance.
Sec. 1214. Private nonprofit facility.
Sec. 1215. Management costs.
Sec. 1216. Flexibility.
Sec. 1217. Additional disaster assistance.
Sec. 1218. National veterinary emergency teams.
Sec. 1219. Right of arbitration.
Sec. 1220. Unified Federal environmental and historic preservation
review.
Sec. 1221. Closeout incentives.
Sec. 1222. Performance of services.
Sec. 1223. Study to streamline and consolidate information collection.
Sec. 1224. Agency accountability.
Sec. 1225. Audit of contracts.
Sec. 1226. Inspector general audit of FEMA contracts for tarps and
plastic sheeting.
Sec. 1227. Relief organizations.
Sec. 1228. Guidance on inundated and submerged roads.
Sec. 1229. Extension of assistance.
Sec. 1230. Guidance and recommendations.
Sec. 1231. Guidance on hazard mitigation assistance.
Sec. 1232. Local impact.
Sec. 1233. Additional hazard mitigation activities.
Sec. 1234. National public infrastructure predisaster hazard mitigation.
Sec. 1235. Additional mitigation activities.
Sec. 1236. Guidance and training by FEMA on coordination of emergency
response plans.
Sec. 1237. Certain recoupment prohibited.
Sec. 1238. Federal assistance to individuals and households and
nonprofit facilities.
Sec. 1239. Cost of assistance estimates.
Sec. 1240. Report on insurance shortfalls.
Sec. 1241. Post disaster building safety assessment.
Sec. 1242. FEMA updates on national preparedness assessment.
Sec. 1243. FEMA report on duplication in non-natural disaster
preparedness grant programs.
Sec. 1244. Study and report.
Sec. 1245. Review of assistance for damaged underground water
infrastructure.
Sec. 1246. Extension.
DIVISION E--CONCRETE MASONRY
Sec. 1301. Short title.
Sec. 1302. Declaration of policy.
Sec. 1303. Definitions.
Sec. 1304. Issuance of orders.
Sec. 1305. Required terms in orders.
Sec. 1306. Assessments.
Sec. 1307. Referenda.
Sec. 1308. Petition and review.
Sec. 1309. Enforcement.
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Sec. 1310. Investigation and power to subpoena.
Sec. 1311. Suspension or termination.
Sec. 1312. Amendments to orders.
Sec. 1313. Effect on other laws.
Sec. 1314. Regulations.
Sec. 1315. Limitation on expenditures for administrative expenses.
Sec. 1316. Limitations on obligation of funds.
Sec. 1317. Study and report by the Government Accountability Office.
Sec. 1318. Study and report by the Department of Commerce.
DIVISION F--BUILD ACT OF 2018
Sec. 1401. Short title.
Sec. 1402. Definitions.
TITLE I--ESTABLISHMENT
Sec. 1411. Statement of policy.
Sec. 1412. United States International Development Finance Corporation.
Sec. 1413. Management of Corporation.
Sec. 1414. Inspector General of the Corporation.
Sec. 1415. Independent accountability mechanism.
TITLE II--AUTHORITIES
Sec. 1421. Authorities relating to provision of support.
Sec. 1422. Terms and conditions.
Sec. 1423. Payment of losses.
Sec. 1424. Termination.
TITLE III--ADMINISTRATIVE AND GENERAL PROVISIONS
Sec. 1431. Operations.
Sec. 1432. Corporate powers.
Sec. 1433. Maximum contingent liability.
Sec. 1434. Corporate funds.
Sec. 1435. Coordination with other development agencies.
TITLE IV--MONITORING, EVALUATION, AND REPORTING
Sec. 1441. Establishment of risk and audit committees.
Sec. 1442. Performance measures, evaluation, and learning.
Sec. 1443. Annual report.
Sec. 1444. Publicly available project information.
Sec. 1445. Engagement with investors.
Sec. 1446. Notifications to be provided by the Corporation.
TITLE V--CONDITIONS, RESTRICTIONS, AND PROHIBITIONS
Sec. 1451. Limitations and preferences.
Sec. 1452. Additionality and avoidance of market distortion.
Sec. 1453. Prohibition on support in countries that support terrorism or
violate human rights and with sanctioned persons.
Sec. 1454. Applicability of certain provisions of law.
TITLE VI--TRANSITIONAL PROVISIONS
Sec. 1461. Definitions.
Sec. 1462. Reorganization plan.
Sec. 1463. Transfer of functions.
Sec. 1464. Termination of Overseas Private Investment Corporation and
other superceded authorities.
Sec. 1465. Transitional authorities.
Sec. 1466. Savings provisions.
Sec. 1467. Other terminations.
Sec. 1468. Incidental transfers.
Sec. 1469. Reference.
Sec. 1470. Conforming amendments.
DIVISION G--SYRIA STUDY GROUP
Sec. 1501. Syria Study Group.
DIVISION H--PREVENTING EMERGING THREATS
Sec. 1601. Short title.
Sec. 1602. Protection of certain facilities and assets from unmanned
aircraft.
Sec. 1603. Protecting against unmanned aircraft.
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DIVISION I--SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF, 2018
Sec. 1701. Budgetary effects.
DIVISION J--MARITIME SECURITY
Sec. 1801. Short title.
Sec. 1802. Definitions.
Sec. 1803. Coordination with TSA on maritime facilities.
Sec. 1804. Strategic plan to enhance the security of the international
supply chain.
Sec. 1805. Cybersecurity information sharing and coordination in ports.
Sec. 1806. Facility inspection intervals.
Sec. 1807. Updates of maritime operations coordination plan.
Sec. 1808. Evaluation of Coast Guard deployable specialized forces.
Sec. 1809. Repeal of interagency operational centers for port security
and secure systems of transportation.
Sec. 1810. Duplication of efforts in the maritime domain.
Sec. 1811. Maritime security capabilities assessments.
Sec. 1812. Container Security Initiative.
Sec. 1813. Maritime border security review.
Sec. 1814. Maritime border security cooperation.
Sec. 1815. Transportation worker identification credential appeals
process.
Sec. 1816. Technical and conforming amendments.
DIVISION K--TRANSPORTATION SECURITY
TITLE I--TRANSPORTATION SECURITY
Sec. 1901. Short title; references.
Sec. 1902. Definitions.
Subtitle A--Organization and Authorizations
Sec. 1903. Authorization of appropriations.
Sec. 1904. Administrator of the Transportation Security Administration;
5-year term.
Sec. 1905. Transportation Security Administration organization.
Sec. 1906. Transportation Security Administration efficiency.
Sec. 1907. Personnel management system review.
Sec. 1908. TSA leap pay reform.
Sec. 1909. Rank awards program for transportation security
administration executives and senior professionals.
Sec. 1910. Transmittals to Congress.
Subtitle B--Security Technology
Sec. 1911. Third party testing and verification of screening technology.
Sec. 1912. Transportation security administration systems integration
facility.
Sec. 1913. Opportunities to pursue expanded networks for business.
Sec. 1914. Reciprocal recognition of security standards.
Sec. 1915. Transportation Security Laboratory.
Sec. 1916. Innovation Task Force.
Sec. 1917. 5-Year technology investment plan update.
Sec. 1918. Maintenance of security-related technology.
Sec. 1919. Biometrics expansion.
Sec. 1920. Pilot program for automated exit lane technology.
Sec. 1921. Authorization of appropriations; exit lane security.
Sec. 1922. Real-time security checkpoint wait times.
Sec. 1923. GAO report on deployment of screening technologies across
airports.
Sec. 1924. Screening technology review and performance objectives.
Sec. 1925. Computed tomography pilot programs.
Subtitle C--Public Area Security
Sec. 1926. Definitions.
Sec. 1927. Explosives detection canine capacity building.
Sec. 1928. Third party domestic canines.
Sec. 1929. Tracking and monitoring of canine training and testing.
Sec. 1930. VIPR team statistics.
Sec. 1931. Public area security working group.
Sec. 1932. Public area best practices.
Sec. 1933. Airport worker access controls cost and feasibility study.
Sec. 1934. Securing airport worker access points.
Sec. 1935. Law Enforcement Officer Reimbursement Program.
Sec. 1936. Airport perimeter and access control security.
[[Page 132 STAT. 3196]]
Subtitle D--Passenger and Cargo Security
Sec. 1937. PreCheck Program.
Sec. 1938. PreCheck expedited screening.
Sec. 1939. Trusted traveler programs; collaboration.
Sec. 1940. Passenger security fee.
Sec. 1941. Third party canine teams for air cargo security.
Sec. 1942. Known Shipper Program review.
Sec. 1943. Establishment of air cargo security division.
Sec. 1944. Air cargo regulation review.
Sec. 1945. GAO review.
Sec. 1946. Screening partnership program updates.
Sec. 1947. Screening performance assessments.
Sec. 1948. Transportation security training programs.
Sec. 1949. Traveler redress improvement.
Sec. 1950. Improvements for screening of passengers with disabilities.
Sec. 1951. Air cargo advance screening program.
Sec. 1952. General aviation airports.
Subtitle E--Foreign Airport Security
Sec. 1953. Last point of departure airports; security directives.
Sec. 1954. Last point of departure airport assessment.
Sec. 1955. Tracking security screening equipment from last point of
departure airports.
Sec. 1956. International security standards.
Sec. 1957. Aviation security in Cuba.
Sec. 1958. Report on airports used by Mahan Air.
Subtitle F--Cockpit and Cabin Security
Sec. 1959. Federal air marshal service updates.
Sec. 1960. Crew member self-defense training.
Sec. 1961. Flight deck safety and security.
Sec. 1962. Carriage of weapons, explosives, and incendiaries by
individuals.
Sec. 1963. Federal flight deck officer program improvements.
Subtitle G--Surface Transportation Security
Sec. 1964. Surface transportation security assessment and implementation
of risk-based strategy.
Sec. 1965. Risk-based budgeting and resource allocation.
Sec. 1966. Surface transportation security management and interagency
coordination review.
Sec. 1967. Transparency.
Sec. 1968. TSA counterterrorism asset deployment.
Sec. 1969. Surface Transportation Security Advisory Committee.
Sec. 1970. Review of the explosives detection canine team program.
Sec. 1971. Expansion of national explosives detection canine team
program.
Sec. 1972. Study on security standards and best practices for passenger
transportation systems.
Sec. 1973. Amtrak security upgrades.
Sec. 1974. Passenger rail vetting.
Sec. 1975. Study on surface transportation inspectors.
Sec. 1976. Security awareness program.
Sec. 1977. Voluntary use of credentialing.
Sec. 1978. Background records checks for issuance of hazmat licenses.
Sec. 1979. Cargo container scanning technology review.
Sec. 1980. Pipeline security study.
Sec. 1981. Feasibility assessment.
Sec. 1982. Best practices to secure against vehicle-based attacks.
Sec. 1983. Surface transportation stakeholder survey.
Sec. 1984. Nuclear material and explosive detection technology.
Subtitle H--Transportation Security
Sec. 1985. National strategy for transportation security review.
Sec. 1986. Risk scenarios.
Sec. 1987. Integrated and unified operations centers.
Sec. 1988. National Deployment Force.
Sec. 1989. Information sharing and cybersecurity.
Sec. 1990. Security technologies tied to foreign threat countries.
Subtitle I--Conforming and Miscellaneous Amendments
Sec. 1991. Title 49 amendments.
[[Page 132 STAT. 3197]]
Sec. 1992. Table of contents of chapter 449.
Sec. 1993. Other laws; Intelligence Reform and Terrorism Prevention Act
of 2004.
Sec. 1994. Savings provisions.
DIVISION A <<NOTE: Sports Medicine Licensure Clarity Act of 2018.>> --
SPORTS MEDICINE LICENSURE
SEC. 11. <<NOTE: 15 USC 8601 note.>> SHORT TITLE.
This division may be cited as the ``Sports Medicine Licensure
Clarity Act of 2018''.
SEC. 12. <<NOTE: 15 USC 8601.>> PROTECTIONS FOR COVERED SPORTS
MEDICINE PROFESSIONALS.
(a) In General.--In the case of a covered sports medicine
professional who has in effect medical professional liability insurance
coverage and provides in a secondary State covered medical services that
are within the scope of practice of such professional in the primary
State to an athlete or an athletic team (or a staff member of such an
athlete or athletic team) pursuant to an agreement described in
subsection (c)(4) with respect to such athlete or athletic team--
(1) such medical professional liability insurance coverage
shall cover (subject to any related premium adjustments) such
professional with respect to such covered medical services
provided by the professional in the secondary State to such an
individual or team as if such services were provided by such
professional in the primary State to such an individual or team;
and
(2) to the extent such professional is licensed under the
requirements of the primary State to provide such services to
such an individual or team, the professional shall be treated as
satisfying any licensure requirements of the secondary State to
provide such services to such an individual or team to the
extent the licensure requirements of the secondary State are
substantially similar to the licensure requirements of the
primary State.
(b) Rule of Construction.--Nothing in this section shall be
construed--
(1) to allow a covered sports medicine professional to
provide medical services in the secondary State that exceed the
scope of that professional's license in the primary State;
(2) to allow a covered sports medicine professional to
provide medical services in the secondary State that exceed the
scope of a substantially similar sports medicine professional
license in the secondary State;
(3) to supersede any reciprocity agreement in effect between
the two States regarding such services or such professionals;
(4) to supersede any interstate compact agreement entered
into by the two States regarding such services or such
professionals; or
(5) to supersede a licensure exemption the secondary State
provides for sports medicine professionals licensed in the
primary State.
(c) Definitions.--In this division, the following definitions apply:
(1) Athlete.--The term ``athlete'' means--
[[Page 132 STAT. 3198]]
(A) an individual participating in a sporting event
or activity for which the individual may be paid;
(B) an individual participating in a sporting event
or activity sponsored or sanctioned by a national
governing body; or
(C) an individual for whom a high school or
institution of higher education provides a covered
sports medicine professional.
(2) Athletic team.--The term ``athletic team'' means a
sports team--
(A) composed of individuals who are paid to
participate on the team;
(B) composed of individuals who are participating in
a sporting event or activity sponsored or sanctioned by
a national governing body; or
(C) for which a high school or an institution of
higher education provides a covered sports medicine
professional.
(3) Covered medical services.--The term ``covered medical
services'' means general medical care, emergency medical care,
athletic training, or physical therapy services. Such term does
not include care provided by a covered sports medicine
professional--
(A) at a health care facility; or
(B) while a health care provider licensed to
practice in the secondary State is transporting the
injured individual to a health care facility.
(4) Covered sports medicine professional.--The term
``covered sports medicine professional'' means a physician,
athletic trainer, or other health care professional who--
(A) is licensed to practice in the primary State;
(B) provides covered medical services, pursuant to a
written agreement with an athlete, an athletic team, a
national governing body, a high school, or an
institution of higher education; and
(C) prior to providing the covered medical services
described in subparagraph (B), has disclosed the nature
and extent of such services to the entity that provides
the professional with liability insurance in the primary
State.
(5) Health care facility.--The term ``health care facility''
means a facility in which medical care, diagnosis, or treatment
is provided on an inpatient or outpatient basis. Such term does
not include facilities at an arena, stadium, or practice
facility, or temporary facilities existing for events where
athletes or athletic teams may compete.
(6) Institution of higher education.--The term ``institution
of higher education'' has the meaning given such term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(7) License.--The term ``license'' or ``licensure'', as
applied with respect to a covered sports medicine professional,
means a professional that has met the requirements and is
approved to provide covered medical services in accordance with
State laws and regulations in the primary State. Such term may
include the registration or certification, or any other form of
special recognition, of an individual as such a professional, as
applicable.
[[Page 132 STAT. 3199]]
(8) National governing body.--The term ``national governing
body'' has the meaning given such term in section 220501 of
title 36, United States Code.
(9) Primary state.--The term ``primary State'' means, with
respect to a covered sports medicine professional, the State in
which--
(A) the covered sports medicine professional is
licensed to practice; and
(B) the majority of the covered sports medicine
professional's practice is underwritten for medical
professional liability insurance coverage.
(10) Secondary state.--The term ``secondary State'' means,
with respect to a covered sports medicine professional, any
State that is not the primary State.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
(12) Substantially similar.--The term ``substantially
similar'', with respect to the licensure by primary and
secondary States of a sports medicine professional, means that
both the primary and secondary States have in place a form of
licensure for such professionals that permits such professionals
to provide covered medical services.
DIVISION B--FAA REAUTHORIZATION ACT OF 2018
SEC. 101. <<NOTE: 49 USC 40101 note.>> DEFINITION OF APPROPRIATE
COMMITTEES OF CONGRESS.
In this division, the term ``appropriate committees of Congress''
means the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 111. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(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) $3,350,000,000 for fiscal year 2018;
``(2) $3,350,000,000 for fiscal year 2019;
``(3) $3,350,000,000 for fiscal year 2020;
``(4) $3,350,000,000 for fiscal year 2021;
``(5) $3,350,000,000 for fiscal year 2022; and
``(6) $3,350,000,000 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 ``2018,'' and inserting ``2023,''.
[[Page 132 STAT. 3200]]
SEC. 112. FACILITIES AND EQUIPMENT.
(a) Authorization of Appropriations From Airport and Airway Trust
Fund.--Section 48101(a) of title 49, United States Code, is amended by
striking paragraphs (1) through (5) and inserting the following:
``(1) $3,330,000,000 for fiscal year 2018.
``(2) $3,398,000,000 for fiscal year 2019.
``(3) $3,469,000,000 for fiscal year 2020.
``(4) $3,547,000,000 for fiscal year 2021.
``(5) $3,624,000,000 for fiscal year 2022.
``(6) $3,701,000,000 for fiscal year 2023.''.
(b) Authorized Expenditures.--Section 48101(c) of title 49, United
States Code, is amended--
(1) in the subsection heading by striking ``Automated
Surface Observation System/Automated Weather Observing System
Upgrade'' and inserting ``Authorized Expenditures''; and
(2) by striking ``may be used for the implementation'' and
all that follows through the period at the end and inserting the
following: ``may be used for the following:
``(1) The implementation and use of upgrades to the current
automated surface observation system/automated weather observing
system, if the upgrade is successfully demonstrated.
``(2) The acquisition and construction of remote towers (as
defined in section 161 of the FAA Reauthorization Act of 2018).
``(3) The remediation and elimination of identified
cybersecurity vulnerabilities in the air traffic control system.
``(4) The construction of facilities dedicated to improving
the cybersecurity of the National Airspace System.
``(5) Systems associated with the Data Communications
program.
``(6) The infrastructure, sustainment, and the elimination
of the deferred maintenance backlog of air navigation facilities
and other facilities for which the Federal Aviation
Administration is responsible.
``(7) The modernization and digitization of the Civil
Aviation Registry.
``(8) The construction of necessary Priority 1 National
Airspace System facilities.
``(9) Cost-beneficial construction, rehabilitation, or
retrofitting programs designed to reduce Federal Aviation
Administration facility operating costs.''.
SEC. 113. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) of title 49, United States Code,
is amended by striking subparagraphs (A) through (F) and inserting the
following:
``(A) $10,247,000,000 for fiscal year 2018;
``(B) $10,486,000,000 for fiscal year 2019;
``(C) $10,732,000,000 for fiscal year 2020;
``(D) $11,000,000,000 for fiscal year 2021;
``(E) $11,269,000,000 for fiscal year 2022; and
``(F) $11,537,000,000 for fiscal year 2023.''.
(b) Authorized Expenditures.--Section 106(k)(2) of title 49, United
States Code, is amended by adding at the end the following:
``(D) Not more than the following amounts for
commercial space transportation activities:
``(i) $22,587,000 for fiscal year 2018.
[[Page 132 STAT. 3201]]
``(ii) $33,038,000 for fiscal year 2019.
``(iii) $43,500,000 for fiscal year 2020.
``(iv) $54,970,000 for fiscal year 2021.
``(v) $64,449,000 for fiscal year 2022.
``(vi) $75,938,000 for fiscal year 2023.''.
(c) Authority to Transfer Funds.--Section 106(k)(3) of title 49,
United States Code, is amended by striking ``fiscal years 2012 through
2018,'' and inserting ``fiscal years 2018 through 2023,''.
SEC. 114. WEATHER REPORTING PROGRAMS.
Section 48105 of title 49, United States Code, is amended--
(1) by striking ``To reimburse the'' and all that follows
through ``the Secretary of Transportation'' and inserting ``To
sustain the aviation weather reporting programs of the Federal
Aviation Administration, the Secretary of Transportation''; and
(2) by adding at the end the following:
``(4) $39,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 115. ADJUSTMENT TO AIP PROGRAM FUNDING.
Section 48112 of title 49, United States Code, and the item relating
to such section in the analysis for chapter 481 of such
title, <<NOTE: 49 USC 48101 prec.>> are repealed.
SEC. 116. 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 2018''.
SEC. 117. EXTENSION OF EXPIRING AUTHORITIES.
(a) Marshall Islands, Micronesia, and Palau.--Section 47115 of title
49, United States Code, is amended--
(1) by striking subsection (i);
(2) by redesignating subsection (j) as subsection (i); and
(3) in subsection (i) (as so redesignated), by striking
``fiscal years 2012 through 2018'' and inserting ``fiscal years
2018 through 2023''.
(b) Extension of Compatible 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, 2018'' and inserting
``September 30, 2023''.
(c) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176; 117 Stat.
2518) is amended by striking ``for fiscal years 2012 through 2018'' and
inserting ``for fiscal years 2018 through 2023''.
(d) Extension of Pilot Program for Redevelopment of Airport
Properties.--Section 822(k) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 47141 note) is amended by striking ``September 30,
2018'' and inserting ``September 30, 2023''.
Subtitle B--Passenger Facility Charges
SEC. 121. PASSENGER FACILITY CHARGE MODERNIZATION.
(a) Passenger Facility Charges; General Authority.--Section
40117(b)(4) of title 49, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``, if the Secretary finds--'' and inserting a period; and
[[Page 132 STAT. 3202]]
(2) by striking subparagraphs (A) and (B).
(b) Pilot Program for Passenger Facility Charge Authorizations at
Nonhub Airports.--Section 40117(l) of title 49, United States Code, is
amended--
(1) in the heading, by striking ``at Nonhub Airports'';
(2) in paragraph (1), by striking ``nonhub''; and
(3) in paragraph (6), by striking ``Not later than 180 days
after the date of enactment of this subsection, the'' and
inserting ``The''.
SEC. 122. FUTURE AVIATION INFRASTRUCTURE AND FINANCING STUDY.
(a) Future Aviation Infrastructure and Financing Study.--Not later
than 60 days after the date of enactment of this Act, the Secretary of
Transportation shall enter into an agreement with a qualified
organization to conduct a study assessing the infrastructure needs of
airports and existing financial resources for commercial service
airports and make recommendations on the actions needed to upgrade the
national aviation infrastructure system to meet the growing and shifting
demands of the 21st century.
(b) Consultation.--In carrying out the study, the qualified
organization shall convene and consult with a panel of national experts,
including representatives of--
(1) nonhub airports;
(2) small hub airports;
(3) medium hub airports;
(4) large hub airports;
(5) airports with international service;
(6) nonprimary airports;
(7) local elected officials;
(8) relevant labor organizations;
(9) passengers;
(10) air carriers;
(11) the tourism industry; and
(12) the business travel industry.
(c) Considerations.--In carrying out the study, the qualified
organization shall consider--
(1) the ability of airport infrastructure to meet current
and projected passenger volumes;
(2) the available financial tools and resources for airports
of different sizes;
(3) the available financing tools and resources for airports
in rural areas;
(4) the current debt held by airports, and its impact on
future construction and capacity needs;
(5) the impact of capacity constraints on passengers and
ticket prices;
(6) the purchasing power of the passenger facility charge
from the last increase in 2000 to the year of enactment of this
Act;
(7) the impact to passengers and airports of indexing the
passenger facility charge for inflation;
(8) how long airports are constrained with current passenger
facility charge collections;
(9) the impact of passenger facility charges on promoting
competition;
[[Page 132 STAT. 3203]]
(10) the additional resources or options to fund terminal
construction projects;
(11) the resources eligible for use toward noise reduction
and emission reduction projects;
(12) the gap between the cost of projects eligible for the
airport improvement program and the annual Federal funding
provided;
(13) the impact of regulatory requirements on airport
infrastructure financing needs;
(14) airline competition;
(15) airline ancillary fees and their impact on ticket
pricing and taxable revenue; and
(16) the ability of airports to finance necessary safety,
security, capacity, and environmental projects identified in
capital improvement plans.
(d) Large Hub Airports.--The study shall, to the extent not
considered under subsection (c), separately evaluate the infrastructure
requirements of the large hub airports identified in the National Plan
of Integrated Airport Systems (NPIAS). The evaluation shall--
(1) analyze the current and future capacity constraints of
large hub airports;
(2) quantify large hub airports' infrastructure
requirements, including terminal, landside, and airside
infrastructure;
(3) quantify the percentage growth in infrastructure
requirements of the large hub airports relative to other
commercial service airports;
(4) analyze how much funding from the airport improvement
program (AIP) has gone to meet the requirements of large hub
airports over the past 10 years; and
(5) project how much AIP funding would be available to meet
the requirements of large hub airports in the next 5 years if
funding levels are held constant.
(e) Report.--Not later than 15 months after the date of enactment of
this Act, the qualified organization shall submit to the Secretary and
the appropriate committees of Congress a report on the results of the
study described in subsection (a), including its findings and
recommendations related to each item in subsections (c) and (d).
(f) Definition of Qualified Organization.--In this section, the term
``qualified organization'' means an independent nonprofit organization
that recommends solutions to public policy challenges through objective
analysis.
SEC. 123. INTERMODAL ACCESS PROJECTS.
Not later than 6 months after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall, after
consideration of all public comments, publish in the Federal Register a
final policy amendment consistent with the notice published in the
Federal Register on May 3, 2016 (81 Fed. Reg. 26611).
Subtitle C--Airport Improvement Program Modifications
SEC. 131. GRANT ASSURANCES.
Section 47107 of title 49, United States Code, is amended--
[[Page 132 STAT. 3204]]
(1) in subsection (a)(17), by striking ``each contract'' and
inserting ``if any phase of such project has received funds
under this subchapter, each contract'';
(2) in subsection (r)(3), by striking ``2018'' and inserting
``2023''; and
(3) by adding at the end the following:
``(u) Construction of Recreational Aircraft.--
``(1) In general.--The construction of a covered aircraft
shall be treated as an aeronautical activity for purposes of--
``(A) determining an airport's compliance with a
grant assurance made under this section or any other
provision of law; and
``(B) the receipt of Federal financial assistance
for airport development.
``(2) Covered aircraft defined.--In this subsection, the
term `covered aircraft' means an aircraft--
``(A) used or intended to be used exclusively for
recreational purposes; and
``(B) constructed or under construction by a private
individual at a general aviation airport.
``(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 violation 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 Administration'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 sponsor and the Secretary,
including agreements related to a grant assurance under
this section;
``(C) to airport property that was acquired under a
Federal airport development grant program;
``(D) if the airport sponsor has provided a written
statement to the Administrator that the property made
available for a recreational purpose 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
certification that the sponsor is not responsible for
preparation, start-up,
[[Page 132 STAT. 3205]]
operations, maintenance, or any other costs associated
with the recreational purpose; and
``(H) if the recreational purpose is consistent with
Federal land use compatibility criteria under section
47502.
``(3) Statutory construction.--Nothing in this subsection
may be construed as permitting a diversion of airport revenue
for the capital or operating costs associated with the community
use of airport land.''.
SEC. 132. MOTHERS' ROOMS.
(a) Grant Assurances.--Section 47107 of title 49, United States
Code, as amended by this Act, is further amended by adding at the end
the following:
``(w) Mothers' Rooms.--
``(1) In general.--In fiscal year 2021 and each fiscal year
thereafter, the Secretary of Transportation may approve an
application under this subchapter for an airport development
project grant only if the Secretary receives written assurances
that the airport owner or operator will maintain--
``(A) a lactation area in the sterile area of each
passenger terminal building of the airport; and
``(B) a baby changing table in one men's and one
women's restroom in each passenger terminal building of
the airport.
``(2) Applicability.--
``(A) Airport size.--The requirement in paragraph
(1) shall only apply to applications submitted by the
airport sponsor of a medium or large hub airport.
``(B) Preexisting 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 in paragraph (1),
notwithstanding the absence of one of the facilities or
characteristics referred to in the definition of the
term `lactation area' in this subsection.
``(C) Special rule.--The requirement in paragraph
(1) shall not apply with respect to a project grant
application for a period of time, determined by the
Secretary, if the Secretary determines that construction
or maintenance activities make it impracticable or
unsafe for the lactation area to be located in the
sterile area of the building.
``(3) Definition.--In this section, the term--
``(A) `lactation area' means a room or similar
accommodation that--
``(i) provides a location for members of the
public to express breast milk that is shielded
from view and free from intrusion from the public;
``(ii) has a door that can be locked;
``(iii) includes a place to sit, a table or
other flat surface, a sink or sanitizing
equipment, and an electrical outlet;
``(iv) is readily accessible to and usable by
individuals with disabilities, including
individuals who use wheelchairs; and
``(v) is not located in a restroom; and
[[Page 132 STAT. 3206]]
``(B) `sterile area' has the same meaning given that
term in section 1540.5 of title 49, Code of Federal
Regulations.''.
(b) 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 (as defined in section 47107(w)) at a
commercial service airport.''.
SEC. 133. 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--
(A) by striking ``under the program continued under
this paragraph'' and inserting ``under the Contract
Tower Program''; and
(B) by striking ``exceeds the benefit for a period
of 18 months after such determination is made'' and
inserting the following: ``exceeds the benefit--
``(i) for the 1-year period after such
determination is made; or
``(ii) if an appeal of such determination is
requested, for the 1-year period described in
subsection (d)(4)(D).''.
(2) Exemption.--Section 47124(b)(3)(D) of title 49, United
States Code, is amended--
(A) by striking ``under the program'' and inserting
``under the Cost-share Program''; and
(B) by adding at the end the following: ``Airports
with air service provided under part 121 of title 14,
Code of Federal Regulations, and more than 25,000
passenger enplanements in calendar year 2014 shall be
exempt from any cost-share requirement under 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 Administration'' after ``1996''.
(B) Eligibility.--Section 47124(b)(4)(B)(i)(I) of
title 49, United States Code, is amended by striking
``contract tower program established under subsection
(a) and continued under paragraph (1) or the pilot
program established under paragraph (3)'' and inserting
``Contract Tower Program or the Cost-share Program''.
(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 program 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 application to the Contract
Tower Program, the Secretary shall calculate a benefit-
to-cost
[[Page 132 STAT. 3207]]
ratio (as described in subsection (d)) for the
applicable air traffic control tower for purposes of
selecting towers for participation in the Contract Tower
Program.''.
(b) Criteria To Evaluate Participants.--Section 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 Cost-share Program, the Secretary
shall annually calculate a benefit-to-cost ratio with
respect to the tower.
``(B) Towers participating in contract tower
program.--In the case of an air traffic control tower
that is operated under the Contract Tower Program, the
Secretary 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 decreased--
``(i) by more than 25 percent from the
previous year; or
``(ii) by more than 55 percent cumulatively in
the preceding 3-year period.
``(2) Costs to be considered.--In establishing 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 Administration's actual
cost of wages and benefits of personnel working at the
tower.
``(B) The Federal Aviation Administration's actual
telecommunications costs directly associated with the
tower.
``(C) The Federal Aviation Administration's costs of
purchasing and installing any air traffic control
equipment that would not have been purchased or
installed except as a result of the operation of the
tower.
``(D) The Federal Aviation Administration's actual
travel costs associated with maintaining air traffic
control equipment that is owned by the Administration
and would not be maintained except as a result of the
operation of the tower.
``(E) Other actual costs of the Federal Aviation
Administration directly associated with the tower that
would not be incurred except as a result of the
operation of the tower (excluding costs for noncontract
tower-related personnel and equipment, even if the
personnel or equipment is located in the contract tower
building).
``(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 Secretary shall add a 10 percentage
point margin of error to the benefit-to-cost ratio determination
to acknowledge 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 determinations.--In issuing a
benefit-to-cost ratio determination under this section with
[[Page 132 STAT. 3208]]
respect to an air traffic control tower located at an airport,
the Secretary shall implement the following procedures:
``(A) The Secretary shall provide the airport (or
the State or local government having jurisdiction over
the airport) at least 90 days following the date of
receipt of the determination to submit to the Secretary
a request for an appeal of the determination, together
with updated or additional data in support of the
appeal.
``(B) Upon receipt of a request for an appeal
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--
``(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 action in
connection with the appeal during that 30-day
period.
``(D) If, after completion of the appeal procedures
with respect to the determination, the Secretary
requires the tower to transition into the Cost-share
Program, 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).
``(e) Definitions.--In this section:
``(1) Contract tower program.--The term `Contract Tower
Program' means the level I air traffic control tower contract
program established under subsection (a) and continued under
subsection (b)(1).
``(2) Cost-share program.--The term `Cost-share Program'
means the cost-share program established under subsection
(b)(3).''.
(c) Conforming Amendments.--Section 47124(b) of title 49, United
States Code, is amended--
(1) in paragraph (1)(C), by striking ``the program
established under paragraph (3)'' and inserting ``the Cost-share
Program'';
(2) in paragraph (3)--
(A) in the heading, by striking ``contract air
traffic control tower program'' and inserting ``Cost-
share program'';
(B) in subparagraph (A), by striking ``contract
tower program established under subsection (a) and
continued under paragraph (1) (in this paragraph
referred to as the `Contract Tower Program')'' and
inserting ``Contract Tower Program'';
(C) in subparagraph (B), by striking ``In carrying
out the program'' and inserting ``In carrying out the
Cost-share Program'';
[[Page 132 STAT. 3209]]
(D) in subparagraph (C), by striking ``participate
in the program'' and inserting ``participate in the
Cost-share Program''; and
(E) in subparagraph (F), by striking ``the program
continued under paragraph (1)'' and inserting ``the
Contract Tower Program''.
(d) <<NOTE: 49 USC 47124 note.>> Approval of Certain Applications
for the Contract Tower Program.--
(1) In general.--If the Administrator of the Federal
Aviation Administration has not implemented a revised cost-
benefit methodology for purposes of determining eligibility for
the Contract Tower Program before the date that is 30 days after
the date of enactment of this Act, any airport with an
application for participation in the Contract Tower Program
pending as of January 1, 2017, shall be approved for
participation in the Contract Tower Program if the Administrator
determines the tower is eligible under the criteria set forth in
the Federal Aviation Administration report entitled
``Establishment and Discontinuance Criteria for Airport Traffic
Control Towers'', and dated August 1990 (FAA-APO-90-7).
(2) Requests for additional authority.--The Administrator
shall respond not later than 60 days after the date the
Administrator receives a formal request from an airport and air
traffic control contractor for additional authority to expand
contract tower operational hours and staff to accommodate flight
traffic outside of current tower operational hours.
(3) Definition of contract tower program.--In this section,
the term ``Contract Tower Program'' has the meaning given the
term in section 47124(e) of title 49, United States Code, as
added by this Act.
SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS.
Section 47109(a) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``primary airport 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 multiphase construction project for which the
sponsor received a grant in fiscal year 2011; and
``(B) for which the United States Government's share
of allowable project costs would otherwise be capped at
90 percent under paragraph (2) or (3).''.
SEC. 135. 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, Operation Inherent Resolve,
Operation Freedom's Sentinel, 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 Freedom's Sentinel, or any successor
contingency operation to such operations (whichever is later)''.
[[Page 132 STAT. 3210]]
SEC. 136. USE OF STATE HIGHWAY SPECIFICATIONS.
Section 47114(d)(5) of title 49, United States Code, is amended to
read as follows:
``(5) Use of state highway specifications.--The Secretary
shall use the highway specifications of a State for airfield
pavement construction and improvement using funds made available
under this subsection at nonprimary airports serving aircraft
that do not exceed 60,000 pounds gross weight if--
``(A) such State requests the use of such
specifications; and
``(B) the Secretary determines that--
``(i) safety will not be negatively affected;
and
``(ii) the life of the pavement, with
necessary maintenance and upkeep, will not be
shorter than it would be if constructed using
Administration standards.''.
SEC. 137. FORMER MILITARY AIRPORTS.
Section 47118(a) of title 49, United States Code, is amended--
(1) in paragraph (1)(C), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the airport is--
``(A) a former military installation that, at any
time after December 31, 1965, was owned and operated by
the Department of Defense; and
``(B) a nonhub primary airport.''.
SEC. 138. ELIGIBILITY OF CCTV PROJECTS FOR AIRPORT IMPROVEMENT
PROGRAM.
Section 47119(a)(1)(B) is amended--
(1) by striking ``; and'' at the end and inserting ``; or'';
(2) by striking ``directly related to moving passengers''
and inserting the following: ``directly related to--
``(i) moving passengers''; and
(3) by adding at the end the following:
``(ii) installing security cameras in the
public area of the interior and exterior of the
terminal; and''.
SEC. 139. 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. 140. NON-MOVEMENT AREA SURVEILLANCE PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, is amended by inserting after section 47142 the following:
``Sec. 47143. <<NOTE: 49 USC 47143.>> Non-movement area
surveillance surface display systems pilot
program
``(a) In General.--The Administrator of the Federal Aviation
Administration may carry out a pilot program to support non-Federal
acquisition and installation of qualifying non-movement area
surveillance surface display systems and sensors if--
[[Page 132 STAT. 3211]]
``(1) the Administrator determines that such systems and
sensors would improve safety or capacity in the National
Airspace System; and
``(2) the non-movement area surveillance surface display
systems and sensors supplement existing movement area systems
and sensors at the selected airports established under other
programs administered by the Administrator.
``(b) Project Grants.--
``(1) In general.--For purposes of carrying out the pilot
program, the Administrator may make a project grant out of funds
apportioned under paragraph (1) or paragraph (2) of section
47114(c) to not more than 5 eligible sponsors to acquire and
install qualifying non-movement area surveillance surface
display systems and sensors. The airports selected to
participate in the pilot program shall have existing
Administration movement area systems and airlines that are
participants in Federal Aviation Administration's airport
collaborative decision-making process.
``(2) Data exchange processes.--As part of the pilot program
carried out under this section, the Administrator may establish
data exchange processes to allow airport participation in the
Administration's airport collaborative decision-making process
and fusion of the non-movement surveillance data with the
Administration's movement area systems.
``(c) Sunset.--This section shall cease to be effective on October
1, 2023.
``(d) Definitions.--In this section:
``(1) Non-movement area.--The term `non-movement area' means
the portion of the airfield surface that is not under the
control of air traffic control.
``(2) Non-movement area surveillance surface display systems
and sensors.--The term `non-movement area surveillance surface
display systems and sensors' means a non-Federal surveillance
system that uses on-airport sensors that track vehicles or
aircraft that are equipped with transponders in the non-movement
area.
``(3) Qualifying non-movement area surveillance surface
display system and sensors.--The term `qualifying non-movement
area surveillance surface display system and sensors' means a
non-movement area surveillance surface display system that--
``(A) provides the required transmit and receive
data formats consistent with the National Airspace
System architecture at the appropriate service delivery
point;
``(B) is on-airport; and
``(C) is airport operated.''.
(b) Technical and Conforming Amendments.--The table of contents of
chapter 471 of title 49, United States Code, <<NOTE: 49 USC 47101
prec.>> is amended by inserting after the item relating to section
47142 the following:
``47143. Non-movement area surveillance surface display systems pilot
program.''.
SEC. 141. PROPERTY CONVEYANCE RELEASES.
Section 817(a) of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 47125 note) is amended--
(1) by striking ``or section 23'' and inserting ``, section
23''; and
[[Page 132 STAT. 3212]]
(2) by inserting ``, or section 47125 of title 49, United
States Code'' before the period at the end.
SEC. 142. STUDY REGARDING TECHNOLOGY USAGE AT AIRPORTS.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall initiate a study on--
(1) technology developed by international entities
(including foreign nations and companies) that have been
installed in American airports and aviation systems over the
past decade, including the nation where the technology was
developed and any airports utilizing the technology; and
(2) aviation safety-related technology developed and
implemented by international entities with proven track records
of success that may assist in establishing best practices to
improve American aviation operations and safety.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study.
SEC. 143. STUDY ON AIRPORT REVENUE DIVERSION.
(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
study of--
(1) the legal and financial challenges related to repealing
the exception in section 47107(b)(2) of title 49, United States
Code, for those airports that the Federal Aviation
Administration has identified are covered by the exception; and
(2) measures that may be taken to mitigate the impact of
repealing the exception.
(b) Contents.--The study required under subsection (a) shall
address--
(1) the level of revenue diversion at the airports covered
by the exception described in subsection (a)(1) and the uses of
the diverted revenue;
(2) the terms of any bonds or financial covenants an airport
owner has issued relying on diverted airport revenue;
(3) applicable local laws or ordinances requiring use of
airport revenue for nonairport purposes;
(4) whether repealing the exception would improve the long-
term financial performance of impacted airports; and
(5) any other practical implications of repealing the
exception for airports or the national aviation system.
(c) Report.--Not later than 18 months after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study.
SEC. 144. GAO STUDY ON THE EFFECT OF GRANTING AN EXCLUSIVE RIGHT
OF AERONAUTICAL SERVICES TO AN AIRPORT
SPONSOR.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study to examine the cases in which an airport sponsor has exercised
an exclusive right (commonly known as a proprietary exclusive right), as
described in the Federal Aviation Advisory Circular 150/1590-6 issued on
January 4, 2007.
[[Page 132 STAT. 3213]]
(b) Report.--Upon completion of the study described under subsection
(a), the Comptroller General shall submit to the appropriate committees
of Congress a report on the findings of the study.
SEC. 145. SENSE OF CONGRESS ON SMART AIRPORTS.
It is the sense of Congress that the Administrator of the Federal
Aviation Administration and the Secretary of Transportation should
produce a smart airports initiative plan that focuses on creating a more
consumer-friendly and digitally connected airport experience. The plan
should include recommendations on modernizing technologies to provide
more efficient check-ins, shortened security lines, Wi-Fi and GPS
upgrades, as well as improvements of aircraft turnaround for on-time
boarding and flights. The purpose of the initiative is to invest in
technologies and infrastructure toward better-connected airports while
providing appropriate national security and cybersecurity for travelers.
SEC. 146. CRITICAL AIRFIELD MARKINGS.
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall issue a
request for proposal for a study that includes--
(1) an independent, third-party study to assess the
durability of Type III and Type I glass beads applied to
critical markings over a 2-year period at not fewer than 2
primary airports in varying weather conditions to measure the
retroreflectivity levels of such markings on a quarterly basis;
and
(2) a study at 2 other airports carried out by applying Type
III glass beads on half of the centerline and Type I glass beads
to the other half and providing for assessments from pilots
through surveys administered by a third party as to the
visibility and performance of the Type III glass beads as
compared to the Type I glass beads over a 1-year period.
SEC. 147. GENERAL FACILITIES AUTHORITY.
Section 44502 of title 49, United States Code, is amended--
(1) by striking subsection (e) and inserting the following:
``(e) Transfers of Air Traffic Systems.--
``(1) In general.--An airport may transfer, without
consideration, to the Administrator of the Federal Aviation
Administration, an eligible air traffic system or equipment that
conforms to performance specifications of the Administrator if a
Government airport aid program, airport development aid program,
or airport improvement project grant was used to assist in
purchasing the system or equipment.
``(2) Acceptance.--The Administrator shall accept the
eligible air traffic system or equipment and operate and
maintain it under criteria of the Administrator.
``(3) Definition.--In this subsection, the term `eligible
air traffic system or equipment' means--
``(A) an instrument landing system consisting of a
glide slope and localizer (if the Administrator has
determined that a satellite navigation system cannot
provide a suitable approach to an airport);
``(B) an Automated Weather Observing System weather
observation system; or
[[Page 132 STAT. 3214]]
``(C) a Remote Communication Air/Ground and Remote
Communication Outlet communications facility.''; and
(2) by adding at the end the following:
``(f) Airport Space.--
``(1) Restriction.--The Administrator may not require an
airport owner or sponsor (as defined in section 47102) to
provide to the Federal Aviation Administration without cost any
of the following:
``(A) Building construction, maintenance, utilities,
or expenses for services relating to air traffic
control, air navigation, or weather reporting.
``(B) Space in a facility owned by the airport owner
or sponsor for services relating to air traffic control,
air navigation, or weather reporting.
``(2) Rule of construction.--Nothing in this subsection may
be construed to affect--
``(A) any agreement the Secretary may have or make
with an airport owner or sponsor for the airport owner
or sponsor to provide any of the items described in
paragraph (1)(A) or (1)(B) at below-market rates; or
``(B) any grant assurance that requires an airport
owner or sponsor to provide land to the Administration
without cost for an air traffic control facility.''.
SEC. 148. RECYCLING PLANS; UNCATEGORIZED SMALL AIRPORTS.
(a) Project Grant Application Approval.--Section 47106(a) of title
49, United States Code, is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by inserting ``that includes the
project'' before ``, the master plan'';
(3) in paragraph (6)(E), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(7) if the project is at an airport that is listed as
having an unclassified status under the most recent national
plan of integrated airport systems (as described in section
47103), the project will be funded with an amount appropriated
under section 47114(d)(3)(B) and is--
``(A) for maintenance of the pavement of the primary
runway;
``(B) for obstruction removal for the primary
runway;
``(C) for the rehabilitation of the primary runway;
or
``(D) for a project that the Secretary considers
necessary for the safe operation of the airport.''.
(b) Nonprimary Apportionment.--Section 47114(d)(3) of title 49,
United States Code, is amended by adding at the end the following:
``(C) During fiscal years 2019 and 2020--
``(i) an airport that accrued apportionment
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
funds in fiscal year 2013, subject to the
conditions of this paragraph;
[[Page 132 STAT. 3215]]
``(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 permitted
under section 47117(c)(2), an airport 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 apportionment funds
pursuant to subparagraph (A) so long as such airport
retains its classified status.''.
SEC. 149. EVALUATION OF AIRPORT MASTER PLANS.
Section 47106 of title 49, United States Code, is amended by adding
at the end the following:
``(h) Evaluation of Airport Master Plans.--When evaluating the
master plan of an airport for purposes of this subchapter, the Secretary
shall take into account--
``(1) the role the airport plays with respect to medical
emergencies and evacuations; and
``(2) the role the airport plays in emergency or disaster
preparedness in the community served by the airport.''.
SEC. 150. DEFINITION OF SMALL BUSINESS CONCERN.
Section 47113(a)(1) of title 49, United States Code, is amended to
read as follows:
``(1) `small business concern'--
``(A) has the meaning given the term in section 3 of
the Small Business Act (15 U.S.C. 632); but
``(B) in the case of a concern in the construction
industry, a concern shall be considered a small business
concern if the concern meets the size standard for the
North American Industry Classification System Code
237310, as adjusted by the Small Business
Administration;''.
SEC. 151. SMALL AIRPORT REGULATION RELIEF.
Section 47114(c)(1) of title 49, United States Code, is amended by
striking subparagraph (F) and inserting the following:
``(F) Special rule for fiscal years 2018 through
2020.--Notwithstanding subparagraph (A) and subject to
subparagraph (G), the Secretary shall apportion to a
sponsor of an airport under that subparagraph for each
of fiscal years 2018 through 2020 an amount based on the
number of passenger boardings at the airport during
calendar year 2012 if the airport--
``(i) had 10,000 or more passenger boardings
during calendar year 2012;
``(ii) had fewer than 10,000 passenger
boardings during the calendar year used to
calculate the apportionment for fiscal year 2018,
2019, or 2020, as applicable, under subparagraph
(A); and
``(iii) had scheduled air service at any point
in the calendar year used to calculate the
apportionment.
[[Page 132 STAT. 3216]]
``(G) Limitations and waivers.--The authority to
make apportionments in the manner prescribed in
subparagraph (F) may be utilized no more than 3 years in
a row. The Secretary may waive this limitation if the
Secretary determines that an airport's enplanements are
substantially close to 10,000 enplanements and the
airport sponsor or affected communities are taking
reasonable steps to restore enplanements above 10,000.
``(H) Minimum apportionment for commercial service
airports with more than 8,000 passenger boardings in a
calendar year.--Not less than $600,000 may be
apportioned under subparagraph (A) for each fiscal year
to each sponsor of a commercial service airport that had
fewer than 10,000 passenger boardings, but at least
8,000 passenger boardings, during the prior calendar
year.''.
SEC. 152. CONSTRUCTION OF CERTAIN CONTROL TOWERS.
Section 47116(d) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Control tower construction.--Notwithstanding section
47124(b)(4)(A), the Secretary may provide grants under this
section to an airport sponsor participating in the contract
tower program under section 47124 for the construction or
improvement of a nonapproach control tower, as defined by the
Secretary, and for the acquisition and installation of air
traffic control, communications, and related equipment to be
used in that tower. Such grants shall be subject to the
distribution requirements of subsection (b) and the eligibility
requirements of section 47124(b)(4)(B).''.
SEC. 153. NONDISCRIMINATION.
Section 47123 of title 49, United States Code, is amended--
(1) by striking ``The Secretary of Transportation'' and
inserting the following:
``(a) In General.--The Secretary of Transportation''; and
(2) by adding at the end the following:
``(b) Indian Employment.--
``(1) Tribal sponsor preference.--Consistent 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 Indians 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 reservation.
``(2) State preference.--A State may implement a preference
for employment of Indians on a project carried out under this
subchapter near an Indian reservation.
``(3) Implementation.--The Secretary shall consult with
Indian tribal governments and cooperate with 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).''.
[[Page 132 STAT. 3217]]
SEC. 154. DEFINITION OF AIRPORT DEVELOPMENT.
Section 47116(d)(2) of title 49, United States Code, is amended to
read as follows:
``(2) Airport development for eligible mountaintop
airports.--In making grants to sponsors described in subsection
(b), the Secretary shall give priority consideration to mass
grading and associated structural support (including access
road, duct banks, and other related infrastructure) at
mountaintop airports, provided that the airport would not
otherwise have sufficient surface area for--
``(A) eligible and justified airport development
projects; or
``(B) additional hangar space.''.
SEC. 155. GENERAL AVIATION AIRPORT EXPIRED FUNDS.
Section 47117(b) of title 49, United States Code, is amended--
(1) by striking ``An amount'' and inserting ``(1) In
general.--An amount'';
(2) by striking ``If the amount'' and inserting ``Except as
provided in paragraph (2), if the amount''; and
(3) by adding at the end the following:
``(2) Expired amounts apportioned for general aviation
airports.--
``(A) In general.--Except as provided in
subparagraph (B), if an amount apportioned under section
47114(d) is not obligated within the time specified in
paragraph (1), that amount shall be added to the
discretionary fund under section 47115 of this title,
provided that--
``(i) amounts made available under paragraph
(2)(A) shall be used for grants for projects in
accordance with section 47115(d)(2) at airports
eligible to receive an apportionment under section
47114(d)(2) or (3)(A), whichever is applicable;
and
``(ii) amounts made available under paragraph
(2)(A) that are not obligated by July 1 of the
fiscal year in which the funds will expire shall
be made available for all projects in accordance
with section 47115(d)(2).
``(B) State block grant program.--If an amount
apportioned to an airport under section 47114(d)(3)(A)
is not obligated within the time specified in paragraph
(1), and the airport is located in a State participating
in the State block grant program under section 47128,
the amount shall be made available to that State under
the same conditions as if the State had been apportioned
the amount under section 47114(d)(3)(B).''.
SEC. 156. <<NOTE: 49 USC 47112 note.>> PRIORITY REVIEW OF
CONSTRUCTION PROJECTS IN COLD WEATHER
STATES.
(a) In General.--The Administrator of the Federal Aviation
Administration, to the extent practicable, shall schedule the
Administrator's review of construction projects so that projects to be
carried out in the States in which the weather during a typical calendar
year prevents major construction projects from being carried out before
May 1 are reviewed as early as possible.
[[Page 132 STAT. 3218]]
(b) Briefing.--The Administrator shall provide a briefing to the
appropriate committees of Congress annually on the effectiveness of the
review and prioritization.
(c) Technical Amendment.--Section 154 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 47112 note) and the item relating to that
section in the table of contents under section 1(b) of that Act (126
Stat. 13) are repealed.
SEC. 157. <<NOTE: 49 USC 47113 note.>> MINORITY AND DISADVANTAGED
BUSINESS PARTICIPATION.
(a) Findings.--Congress finds the following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business enterprise
program (sections 47107(e) and 47113 of title 49, United States
Code), discrimination and related barriers continue 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
airport disadvantaged business enterprise program.
(2) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits. This
testimony and documentation shows that race- and gender-neutral
efforts alone are insufficient to address the problem.
(3) This testimony and documentation demonstrates that
discrimination across the Nation poses a barrier to full and
fair participation in airport-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 Federal
Regulations, and has impacted firm development 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 disadvantaged business enterprise program to
address race and gender discrimination in airport-related
business.
(b) Prompt Payments.--
(1) Reporting of complaints.--Not later than 120 days after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall ensure that each airport
that participates in the Program tracks, and reports to the
Administrator, the number of covered complaints made in relation
to activities at that airport.
(2) Improving compliance.--
(A) In general.--The Administrator shall take
actions to assess and improve compliance with prompt
payment requirements under part 26 of title 49, Code of
Federal Regulations.
(B) Contents of assessment.--In carrying out
subparagraph (A), the Administrator shall assess--
(i) whether requirements relating to the
inclusion of prompt payment language in contracts
are being satisfied;
[[Page 132 STAT. 3219]]
(ii) whether and how airports are enforcing
prompt payment requirements;
(iii) the processes by which covered
complaints are received and resolved by airports;
(iv) whether improvements need to be made to--
(I) better track covered complaints
received by airports; and
(II) assist the resolution of
covered complaints in a timely manner;
(v) whether changes to prime contractor
specifications need to be made to ensure prompt
payments to subcontractors; and,
(vi) whether changes to prime contractor
specifications need to be made to ensure prompt
payment of retainage to subcontractors.
(C) Reporting.--The Administrator shall make
available to the public on an appropriate website
operated by the Administrator a report describing the
results of the assessment completed under this
paragraph, including a plan to respond to such results.
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Covered complaint.--The term ``covered
complaint'' means a complaint relating to an alleged
failure to satisfy a prompt payment requirement under
part 26 of title 49, Code of Federal Regulations.
(B) Program.--The term ``Program'' means the airport
disadvantaged business enterprise program referenced in
subsection (a)(1) of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 47113 note).
SEC. 158. SUPPLEMENTAL DISCRETIONARY FUNDS.
Section 47115 of title 49, United States Code, is further amended by
adding at the end the following:
``(j) Supplemental Discretionary Funds.--
``(1) In general.--The Secretary shall establish a program
to provide grants, subject to the conditions of this subsection,
for any purpose for which amounts are made available under
section 48103 that the Secretary considers most appropriate to
carry out this subchapter.
``(2) Treatment of grants.--
``(A) In general.--A grant made under this
subsection shall be treated as having been made pursuant
to the Secretary's authority under section 47104(a) and
from the Secretary's discretionary fund under subsection
(a) of this section.
``(B) Exception.--Except as otherwise provided in
this subsection, grants made under this subsection shall
not be subject to subsection (c), section 47117(e), or
any other apportionment formula, special apportionment
category, or minimum percentage set forth in this
chapter.
``(3) Eligibility and prioritization.--
``(A) Eligibility.--The Secretary may provide grants
under this subsection for an airport or terminal
development project at any airport that is eligible to
receive a grant from the discretionary fund under
subsection (a) of this section.
[[Page 132 STAT. 3220]]
``(B) Prioritization.--Not less than 50 percent of
the amounts available under this subsection shall used
to provide grants at--
``(i) airports that are eligible for
apportionment under section 47114(d)(3); and
``(ii) nonhub and small hub airports.
``(4) Authorization.--
``(A) In general.--There is authorized to be
appropriated to the Secretary to carry out this
subsection the following amounts:
``(i) $1,020,000,000 for fiscal year 2019.
``(ii) $1,041,000,000 for fiscal year 2020.
``(iii) $1,064,000,000 for fiscal year 2021.
``(iv) $1,087,000,000 for fiscal year 2022.
``(v) $1,110,000,000 for fiscal year 2023.
``(B) Availability.--Sums authorized to be
appropriated under subparagraph (A) shall remain
available for 2 fiscal years.''.
SEC. 159. STATE TAXATION.
(a) In General.--Section 40116(d)(2)(A) of title 49, United States
Code, is amended by adding at the end the following:
``(v) except as otherwise provided under section 47133, levy
or collect a tax, fee, or charge, first taking effect after the
date of enactment of this clause, upon any business located at a
commercial service airport or operating as a permittee of such
an airport that is not generally imposed on sales or services by
that State, political subdivision, or authority unless wholly
utilized for airport or aeronautical purposes.''.
(b) <<NOTE: 49 USC 40116 note.>> Rule of Construction.--Nothing in
this section or an amendment made by this section shall affect a change
to a rate or other provision of a tax, fee, or charge under section
40116 of title 49, United States Code, that was enacted prior to the
date of enactment of this Act. Such provision of a tax, fee, or charge
shall continue to be subject to the requirements to which such provision
was subject under that section as in effect on the day before the date
of enactment of this Act.
SEC. 160. AIRPORT INVESTMENT PARTNERSHIP PROGRAM.
(a) In General.--Section 47134 of title 49, United States Code, is
amended--
(1) by striking the section heading and inserting ``Airport
investment partnership program'';
(2) in subsection (b), by striking ``, with respect to not
more than 10 airports,'';
(3) in subsection (b)(2), by striking ``The Secretary may
grant an exemption to a sponsor'' and inserting ``If the
Secretary grants an exemption to a sponsor pursuant to paragraph
(1), the Secretary shall grant an exemption to the sponsor'';
(4) in subsection (b)(3), by striking ``The Secretary may
grant an exemption to a purchaser or lessee'' and inserting ``If
the Secretary grants an exemption to a sponsor pursuant to
paragraph (1), the Secretary shall grant an exemption to the
corresponding purchaser or lessee'';
(5) by amending subsection (d) to read as follows:
``(d) Program Participation.--
``(1) Multiple airports.--The Secretary may consider
applications under this section submitted by a public airport
[[Page 132 STAT. 3221]]
sponsor for multiple airports under the control of the sponsor
if all airports under the control of the sponsor are located in
the same State.
``(2) Partial privatization.--A purchaser or lessee may be
an entity in which a sponsor has an interest.''; and
(6) by striking subsections (l) and (m) and inserting the
following:
``(l) Predevelopment Limitation.--A grant to an airport sponsor
under this subchapter for predevelopment planning costs relating to the
preparation of an application or proposed application under this section
may not exceed $750,000 per application or proposed application.''.
(b) Clerical Amendment.--The analysis for chapter 471 of title 49,
United States Code, <<NOTE: 49 USC 471101 prec.>> is amended by
striking the item relating to section 47134 and inserting the following:
``47134. Airport investment partnership program.''.
SEC. 161. <<NOTE: 49 USC 47104 note.>> REMOTE TOWER PILOT PROGRAM
FOR RURAL AND SMALL COMMUNITIES.
(a) Pilot Program.--
(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish--
(A) in consultation with airport operators and other
aviation stakeholders, a pilot program at public-use
airports to construct and operate remote towers in order
to assess their operational benefits;
(B) a selection process for participation in the
pilot program; and
(C) a clear process for the safety and operational
certification of the remote towers.
(2) Safety considerations.--
(A) Safety risk management panel.--Prior to the
operational use of a remote tower under the pilot
program established in subsection (a), the Administrator
shall convene a safety risk management panel for the
tower to address any safety issues with respect to the
tower. The panels shall be created and utilized in a
manner similar to that of the safety risk management
panels previously convened for remote towers and shall
take into account existing best practices and
operational data from existing remote towers in the
United States.
(B) Consultation.--In establishing the pilot
program, the Administrator shall consult with operators
of remote towers in the United States and foreign
countries to design the pilot program in a manner that
leverages as many safety and airspace efficiency
benefits as possible.
(3) Applications.--The operator of an airport seeking to
participate in the pilot program shall submit to the
Administrator an application that is in such form and contains
such information as the Administrator may require.
(4) Program design.--In designing the pilot program, the
Administrator shall--
(A) to the maximum extent practicable, ensure that
at least 2 different vendors of remote tower systems
participate;
[[Page 132 STAT. 3222]]
(B) identify which air traffic control information
and data will assist the Administrator in evaluating the
feasibility, safety, costs, and benefits of remote
towers;
(C) implement processes necessary to collect the
information and data identified in subparagraph (B);
(D) develop criteria, in addition to considering
possible selection criteria in paragraph (5), for the
selection of airports that will best assist the
Administrator in evaluating the feasibility, safety,
costs, and benefits of remote towers, including the
amount and variety of air traffic at an airport; and
(E) prioritize the selection of airports that can
best demonstrate the capabilities and benefits of remote
towers, including applicants proposing to operate
multiple remote towers from a single facility.
(5) Selection criteria for consideration.--In selecting
airports for participation in the pilot program, the
Administrator, after consultation with representatives of labor
organizations representing operators and employees of the air
traffic control system, shall consider for participation in the
pilot program--
(A) 1 nonhub airport;
(B) 3 airports that are not primary airports and
that do not have existing air traffic control towers;
(C) 1 airport that participates in the Contract
Tower Program; and
(D) 1 airport selected at the discretion of the
Administrator.
(6) Data.--The Administrator shall clearly identify and
collect air traffic control information and data from
participating airports that will assist the Administrator in
evaluating the feasibility, safety, costs, and benefits of
remote towers.
(7) Report.--Not later than 1 year after the date the first
remote tower is operational, and annually thereafter, the
Administrator shall submit to the appropriate committees of
Congress a report--
(A) detailing any benefits, costs, or safety
improvements associated with the use of the remote
towers; and
(B) evaluating the feasibility of using remote
towers, particularly in the Contract Tower Program, for
airports without an air traffic control tower, to
improve safety at airports with towers, or to reduce
costs without impacting safety at airports with or
without existing towers.
(8) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall select airports
for participation in the pilot program.
(9) Definitions.--In this subsection:
(A) Contract tower program.--The term ``Contract
Tower Program'' has the meaning given the term in
section 47124(e) of title 49, United States Code, as
added by this Act.
(B) Remote tower.--The term ``remote tower'' means a
remotely operated air navigation facility, including all
necessary system components, that provides the functions
and capabilities of an air traffic control tower whereby
air traffic services are provided to operators at an
airport from a location that may not be on or near the
airport.
[[Page 132 STAT. 3223]]
(C) Other definitions.--The terms ``nonhub
airport'', ``primary airport'', and ``public-use
airport'' have the meanings given such terms in section
47102 of title 49, United States Code.
(10) Sunset.--This subsection, including the report required
under paragraph (8), shall not be in effect after September 30,
2023.
(b) Remote Tower Program.--Concurrent with the establishment of the
process for safety and operational certification of remote towers under
subsection (a)(1)(C), the Administrator shall establish a process to
authorize the construction and commissioning of additional remote towers
that are certificated under subsection (a)(1)(C) at other airports.
(c) AIP Funding Eligibility.--For purposes of the pilot program
under subsection (a), and after certificated remote towers are available
under subsection (b), constructing a remote tower or acquiring and
installing air traffic control, communications, or related equipment
specifically for a remote tower shall be considered airport development
(as defined in section 47102 of title 49, United States Code) for
purposes of subchapter I of chapter 471 of that title if the components
are installed and used at the airport, except, as needed, for off-
airport sensors installed on leased towers.
SEC. 162. <<NOTE: 49 USC 47102 note.>> AIRPORT ACCESS ROADS IN
REMOTE LOCATIONS.
Notwithstanding section 47102 of title 49, United States Code, for
fiscal years 2018 through 2023--
(1) the definition of the term ``airport development'' under
that section includes the construction of a storage facility to
shelter snow removal equipment or aircraft rescue and
firefighting equipment that is owned by an airport sponsor and
used exclusively to maintain safe airfield operations, up to the
facility size necessary to accommodate the types and quantities
of equipment prescribed by the FAA, regardless of whether
Federal funding was used to acquire the equipment;
(2) a storage facility to shelter snow removal equipment may
exceed the facility size limitation described in paragraph (1)
if the airport sponsor certifies to the Secretary that the
following conditions are met:
(A) The storage facility to be constructed will be
used to store snow removal equipment exclusively used
for clearing airfield pavement of snow and ice following
a weather event.
(B) The airport is categorized as a local general
aviation airport in the Federal Aviation
Administration's 2017-2021 National Plan of Integrated
Airport Systems (NPIAS) report.
(C) The 30-year annual snowfall normal of the
nearest weather station based on the National Oceanic
and Atmospheric Administration Summary of Monthly
Normals 1981-2010 exceeds 26 inches.
(D) The airport serves as a base for a medical air
ambulance transport aircraft.
(E) The airport master record (Form 5010-1)
effective on September 14, 2017 for the airport
indicates 45 based aircraft consisting of single engine,
multiple engine, and jet engine aircraft.
[[Page 132 STAT. 3224]]
(F) No funding under this section will be used for
any portion of the storage facility designed to shelter
maintenance and operations equipment that are not
required for clearing airfield pavement of snow and ice.
(G) The airport sponsor will complete design of the
storage building not later than September 30, 2019, and
will initiate construction of the storage building not
later than September 30, 2020.
(H) The area of the storage facility, or portion
thereof, to be funded under this subsection does not
exceed 6,000 square feet; and
(3) the definition of the term ``terminal development''
under that section includes the development of an airport access
road that--
(A) is located in a noncontiguous State;
(B) is not more than 5 miles in length;
(C) connects to the nearest public roadways of not
more than the 2 closest census designated places; and
(D) may provide incidental access to public or
private property that is adjacent to the road and is not
otherwise connected to a public road.
SEC. 163. LIMITED REGULATION OF NON-FEDERALLY SPONSORED PROPERTY.
(a) <<NOTE: 49 USC 47107 note.>> In General.--Except as provided in
subsection (b), the Secretary of Transportation may not directly or
indirectly regulate--
(1) the acquisition, use, lease, encumbrance, transfer, or
disposal of land by an airport owner or operator;
(2) any facility upon such land; or
(3) any portion of such land or facility.
(b) <<NOTE: 49 USC 47107 note.>> Exceptions.--Subsection (a) does
not apply to--
(1) any regulation ensuring--
(A) the safe and efficient operation of aircraft or
safety of people and property on the ground related to
aircraft operations;
(B) that an airport owner or operator receives not
less than fair market value in the context of a
commercial transaction for the use, lease, encumbrance,
transfer, or disposal of land, any facilities on such
land, or any portion of such land or facilities; or
(C) that the airport pays not more than fair market
value in the context of a commercial transaction for the
acquisition of land or facilities on such land;
(2) any regulation imposed with respect to land or a
facility acquired or modified using Federal funding; or
(3) any authority contained in--
(A) a Surplus Property Act instrument of transfer,
or
(B) section 40117 of title 49, United States Code.
(c) <<NOTE: 49 USC 47107 note.>> Rule of Construction.--Nothing in
this section shall be construed to affect the applicability of sections
47107(b) or 47133 of title 49, United States Code, to revenues generated
by the use, lease, encumbrance, transfer, or disposal of land under
subsection (a), facilities upon such land, or any portion of such land
or facilities.
(d) Amendments to Airport Layout Plans.--Section 47107(a)(16) of
title 49, United States Code, is amended--
[[Page 132 STAT. 3225]]
(1) by striking subparagraph (B) and inserting the
following:
``(B) the Secretary will review and approve or
disapprove only those portions of the plan (or any
subsequent revision to the plan) that materially impact
the safe and efficient operation of aircraft at, to, or
from the airport or that would adversely affect the
safety of people or property on the ground adjacent to
the airport as a result of aircraft operations, or that
adversely affect the value of prior Federal investments
to a significant extent;'';
(2) in subparagraph (C), by striking ``if the alteration''
and all that follows through ``airport; and'' and inserting the
following: ``unless the alteration--
``(i) is outside the scope of the Secretary's
review and approval authority as set forth in
subparagraph (B); or
``(ii) complies with the portions of the plan
approved by the Secretary; and''; and
(3) in subparagraph (D), in the matter preceding clause (i),
by striking ``when an alternation'' and all that follows through
``Secretary, will'' and inserting ``when an alteration in the
airport or its facility is made that is within the scope of the
Secretary's review and approval authority as set forth in
subparagraph (B), and does not conform with the portions of the
plan approved by the Secretary, and the Secretary decides that
the alteration adversely affects the safety, utility, or
efficiency of aircraft operations, or of any property on or off
the airport that is owned, leased, or financed by the
Government, then the owner or operator will, if requested by the
Secretary''.
SEC. 164. SEASONAL AIRPORTS.
Section 47114(c)(1) of title 49, United States Code, as amended by
this Act, is further amended by adding at the end the following:
``(I) Seasonal airports.--Notwithstanding section
47102, if the Secretary determines that a commercial
service airport with at least 8,000 passenger boardings
receives scheduled air carrier service for fewer than 6
months in the calendar year used to calculate
apportionments to airport sponsors in a fiscal year,
then the Secretary shall consider the airport to be a
nonhub primary airport for purposes of this chapter.''.
SEC. 165. AMENDMENTS TO DEFINITIONS.
Section 47102 of title 49, United States Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (K), by striking ``7505a) and if
such project will result in an airport receiving
appropriate'' and inserting ``7505a)) and if the airport
would be able to receive'';
(B) by striking subparagraph (L) and inserting the
following:
``(L) a project by a commercial service airport for
the acquisition of airport-owned vehicles or ground
support equipment equipped with low-emission technology
if the airport is located in an air quality
nonattainment or maintenance area (as defined in
sections 171(2) and 175A of the Clean Air Act (42 U.S.C.
7501(2); 7505a)), if the airport would be able to
receive appropriate emission
[[Page 132 STAT. 3226]]
credits (as described in section 47139), and the
vehicles are;
``(i) used exclusively on airport property; or
``(ii) used exclusively to transport
passengers and employees between the airport and
the airport's consolidated rental car facility or
an intermodal surface transportation facility
adjacent to the airport.''; and
(C) by adding at the end the following:
``(P) an on-airport project to improve the
reliability and efficiency of the airport's power supply
and to prevent power disruptions to the airfield,
passenger terminal, and any other airport facilities,
including the acquisition and installation of electrical
generators, separation of the airport's main power
supply from its redundant power supply, and the
construction or modification of airport facilities to
install a microgrid (as defined in section 641 of the
United States Energy Storage Competitiveness Act of 2007
(42 U.S.C. 17231)).
``(Q) converting or retrofitting vehicles and ground
support equipment into eligible zero-emission vehicles
and equipment (as defined in section 47136) and for
acquiring, by purchase or lease, eligible zero-emission
vehicles and equipment.
``(R) predevelopment planning, including financial,
legal, or procurement consulting services, related to an
application or proposed application for an exemption
under section 47134.'';
(2) in paragraph (5), by striking ``regulations'' and
inserting ``requirements''; and
(3) in paragraph (8), by striking ``public'' and inserting
``public-use''.
SEC. 166. PILOT PROGRAM SUNSETS.
(a) In General.--Sections 47136 and 47140 of title 49, United States
Code, are repealed.
(b) Conforming Amendments.--
(1) Sections 47136a and 47140a of title 49, United States
Code, are redesignated as sections 47136 and 47140,
respectively.
(2) Section 47139 of title 49, United States Code, is
amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection
(c).
(c) Clerical Amendments.--The analysis for chapter 471 of title 49,
United States Code, <<NOTE: 49 USC 47101 prec.>> is amended--
(1) by striking the items relating to sections 47136,
47136a, 47140, and 47140a;
(2) by inserting after the item relating to section 47135
the following:
``47136. Zero-emission airport vehicles and infrastructure.''; and
(3) by inserting after the item relating to section 47139
the following:
``47140. Increasing the energy efficiency of airport power sources.''.
[[Page 132 STAT. 3227]]
SEC. 167. <<NOTE: 49 USC 50101 note.>> BUY AMERICA REQUIREMENTS.
(a) Notice of Waivers.--If the Secretary of Transportation
determines that it is necessary to waive the application of section
50101(a) of title 49, United States Code, based on a finding under
section 50101(b) of that title, the Secretary, at least 10 days before
the date on which the waiver takes effect, shall--
(1) make publicly available, in an easily identifiable
location on the website of the Department of Transportation, a
detailed written justification of the waiver determination; and
(2) provide an informal public notice and comment
opportunity on the waiver determination.
(b) Annual Report.--For each fiscal year, the Secretary shall submit
to the appropriate committees of Congress a report on waivers issued
under section 50101 of title 49, United States Code, during the fiscal
year.
Subtitle D--Airport Noise and Environmental Streamlining
SEC. 171. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY
ASSESSMENTS.
(a) Cost Reimbursements.--Section 47140(a) of title 49, United
States Code, as so redesignated, is amended by striking ``airport.'' and
inserting ``airport, and to reimburse the airport sponsor for the costs
incurred in conducting the assessment.''.
(b) Safety Priority.--Section 47140(b)(2) of title 49, United States
Code, as so redesignated, is amended by inserting ``, including a
certification that no safety projects are being be deferred by
requesting a grant under this section,'' after ``an application''.
SEC. 172. <<NOTE: 49 USC 47521 note.>> AUTHORIZATION OF CERTAIN
FLIGHTS BY STAGE 2 AIRCRAFT.
(a) In General.--Notwithstanding chapter 475 of title 49, United
States Code, not later than 180 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration shall
initiate a pilot program to permit an operator of a stage 2 aircraft to
operate that aircraft in nonrevenue service into not more than 4 medium
hub airports or nonhub airports if--
(1) the airport--
(A) is certified under part 139 of title 14, Code of
Federal Regulations;
(B) has a runway that--
(i) is longer than 8,000 feet and not less
than 200 feet wide; and
(ii) is load bearing with a pavement
classification number of not less than 38; and
(C) has a maintenance facility with a maintenance
certificate issued under part 145 of such title; and
(2) the operator of the stage 2 aircraft operates not more
than 10 flights per month using that aircraft.
(b) Termination.--The pilot program shall terminate on the earlier
of--
(1) the date that is 10 years after the date of the
enactment of this Act; or
[[Page 132 STAT. 3228]]
(2) the date on which the Administrator determines that no
stage 2 aircraft remain in service.
(c) Definitions.--In this section:
(1) Medium hub airport; nonhub airport.--The terms ``medium
hub airport'' and ``nonhub airport'' have the meanings given
those terms in section 40102 of title 49, United States Code.
(2) Stage 2 aircraft.--The term ``stage 2 aircraft'' has the
meaning given the term ``stage 2 airplane'' in section 91.851 of
title 14, Code of Federal Regulations (as in effect on the day
before the date of the enactment of this Act).
SEC. 173. ALTERNATIVE AIRPLANE NOISE METRIC EVALUATION DEADLINE.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall complete the
ongoing evaluation of alternative metrics to the current Day Night Level
(DNL) 65 standard.
SEC. 174. 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 submits 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 Aviation 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 operator under
subsection (a); or
``(B) the implementation period of the airport
operator's noise compatibility program.''.
SEC. 175. <<NOTE: 49 USC 47501 note.>> ADDRESSING COMMUNITY NOISE
CONCERNS.
When proposing a new area navigation departure procedure, or
amending an existing procedure that would direct 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 variations
to address community noise concerns, if--
(1) the affected airport operator, in consultation 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 sensitive areas, as
determined by the Administrator.
[[Page 132 STAT. 3229]]
SEC. 176. 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
Administration's community involvement practices for Next Generation Air
Transportation System (NextGen) projects located 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 performance-based navigation proposals.
(b) Report.--Not later than 60 days after completion of the review,
the Administrator shall submit to the appropriate committees of Congress
a report on--
(1) how the Administration will improve community
involvement practices for NextGen projects located in
metroplexes;
(2) how and when the Administration will engage 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 practices for future NextGen projects
located in metroplexes.
SEC. 177. LEAD EMISSIONS.
(a) Study.--The Secretary of Transportation shall enter into
appropriate arrangements with the National Academies of Sciences,
Engineering, and Medicine under which the National Research Council will
study aviation gasoline.
(b) Contents.--The study shall include an assessment of--
(1) existing non-leaded fuel alternatives to the aviation
gasoline used by piston-powered general aviation aircraft;
(2) ambient lead concentrations at and around airports where
piston-powered general aviation aircraft are used; and
(3) mitigation measures to reduce ambient lead
concentrations, including increasing the size of run-up areas,
relocating run-up areas, imposing restrictions on aircraft using
aviation gasoline, and increasing the use of motor gasoline in
piston-powered general aviation aircraft.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress the study developed by the National Research
Council pursuant to this section.
SEC. 178. TERMINAL SEQUENCING AND SPACING.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall provide a
briefing to the appropriate committees of Congress on the status of
Terminal Sequencing and Spacing (TSAS) implementation across all
completed NextGen metroplexes with specific information provided by
airline regarding the adoption and equipping of aircraft and the
training of pilots in its use.
SEC. 179. AIRPORT NOISE MITIGATION AND SAFETY STUDY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration shall
initiate a study to review and evaluate existing studies
[[Page 132 STAT. 3230]]
and analyses of the relationship between jet aircraft approach and
takeoff speeds and corresponding noise impacts on communities
surrounding airports.
(b) Considerations.--In conducting the study initiated under
subsection (a), the Administrator shall determine--
(1) whether a decrease in jet aircraft approach or takeoff
speeds results in significant aircraft noise reductions;
(2) whether the jet aircraft approach or takeoff speed
reduction necessary to achieve significant noise reductions--
(A) jeopardizes aviation safety; or
(B) decreases the efficiency of the National
Airspace System, including lowering airport capacity,
increasing travel times, or increasing fuel burn;
(3) the advisability of using jet aircraft approach or
takeoff speeds as a noise mitigation technique; and
(4) if the Administrator determines that using jet aircraft
approach or takeoff speeds as a noise mitigation technique is
advisable, whether any of the metropolitan areas specifically
identified in section 189(b)(2) would benefit from such a noise
mitigation technique without a significant impact to aviation
safety or the efficiency of the National Airspace System.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study initiated under
subsection (a).
SEC. 180. <<NOTE: 49 USC 106 note.>> REGIONAL OMBUDSMEN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, with respect to each region of the Federal Aviation
Administration, the Regional Administrator for that region shall
designate an individual to be the Regional Ombudsman for the region.
(b) Requirements.--Each Regional Ombudsman shall--
(1) serve as a regional liaison with the public, including
community groups, on issues regarding aircraft noise, pollution,
and safety;
(2) make recommendations to the Administrator for the region
to address concerns raised by the public and improve the
consideration of public comments in decision-making processes;
and
(3) be consulted on proposed changes in aircraft operations
affecting the region, including arrival and departure routes, in
order to minimize environmental impacts, including noise.
SEC. 181. <<NOTE: 49 USC 40101 note.>> FAA LEADERSHIP ON CIVIL
SUPERSONIC AIRCRAFT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall exercise leadership in the creation of Federal and
international policies, regulations, and standards relating to the
certification and safe and efficient operation of civil supersonic
aircraft.
(b) Exercise of Leadership.--In carrying out subsection (a), the
Administrator shall--
(1) consider the needs of the aerospace industry and other
stakeholders when creating policies, regulations, and standards
that enable the safe commercial deployment of civil supersonic
aircraft technology and the safe and efficient operation of
civil supersonic aircraft; and
[[Page 132 STAT. 3231]]
(2) obtain the input of aerospace industry stakeholders
regarding--
(A) the appropriate regulatory framework and
timeline for permitting the safe and efficient operation
of civil supersonic aircraft within United States
airspace, including updating or modifying existing
regulations on such operation;
(B) issues related to standards and regulations for
the type certification and safe operation of civil
supersonic aircraft, including noise certification,
including--
(i) the operational differences between
subsonic aircraft and supersonic aircraft;
(ii) costs and benefits associated with
landing and takeoff noise requirements for civil
supersonic aircraft, including impacts on aircraft
emissions;
(iii) public and economic benefits of the
operation of civil supersonic aircraft and
associated aerospace industry activity; and
(iv) challenges relating to ensuring that
standards and regulations aimed at relieving and
protecting the public health and welfare from
aircraft noise and sonic booms are economically
reasonable, technologically practicable, and
appropriate for civil supersonic aircraft; and
(C) other issues identified by the Administrator or
the aerospace industry that must be addressed to enable
the safe commercial deployment and safe and efficient
operation of civil supersonic aircraft.
(c) International Leadership.--The Administrator, in the appropriate
international forums, shall take actions that--
(1) demonstrate global leadership under subsection (a);
(2) address the needs of the aerospace industry identified
under subsection (b); and
(3) protect the public health and welfare.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report detailing--
(1) the Administrator's actions to exercise leadership in
the creation of Federal and international policies, regulations,
and standards relating to the certification and safe and
efficient operation of civil supersonic aircraft;
(2) planned, proposed, and anticipated actions to update or
modify existing policies and regulations related to civil
supersonic aircraft, including those identified as a result of
industry consultation and feedback; and
(3) a timeline for any actions to be taken to update or
modify existing policies and regulations related to civil
supersonic aircraft.
(e) Long-term Regulatory Reform.--
(1) Noise standards.--Not later than March 31, 2020, the
Administrator shall issue a notice of proposed rulemaking to
revise part 36 of title 14, Code of Federal Regulations, to
include supersonic aircraft in the applicability of such part.
The proposed rule shall include necessary definitions, noise
standards for landing and takeoff, and noise test requirements
that would apply to a civil supersonic aircraft.
[[Page 132 STAT. 3232]]
(2) Special flight authorizations.--Not later than December
31, 2019, the Administrator shall issue a notice of proposed
rulemaking to revise appendix B of part 91 of title 14, Code of
Federal Regulations, to modernize the application process for a
person applying to operate a civil aircraft at supersonic speeds
for the purposes stated in that rule.
(f) Near-Term Certification of Supersonic Civil Aircraft.--
(1) In general.--If a person submits an application
requesting type certification of a civil supersonic aircraft
pursuant to part 21 of title 14, Code of Federal Regulations,
before the Administrator promulgates a final rule amending part
36 of title 14, Code of Federal Regulations, in accordance with
subsection (e)(1), the Administrator shall, not later than 18
months after having received such application, issue a notice of
proposed rulemaking applicable solely for the type
certification, inclusive of the aircraft engines, of the
supersonic aircraft design for which such application was made.
(2) Contents.--A notice of proposed rulemaking described in
paragraph (1) shall--
(A) address safe operation of the aircraft type,
including development and flight testing prior to type
certification;
(B) address manufacturing of the aircraft;
(C) address continuing airworthiness of the
aircraft;
(D) specify landing and takeoff noise standards for
that aircraft type that the Administrator considers
appropriate, practicable, and consistent with section
44715 of title 49, United States Code; and
(E) consider differences between subsonic and
supersonic aircraft including differences in thrust
requirements at equivalent gross weight, engine
requirements, aerodynamic characteristics, operational
characteristics, and other physical properties.
(3) Noise and performance data.--The requirement of the
Administrator to issue a notice of proposed rulemaking under
paragraph (1) shall apply only if an application contains
sufficient aircraft noise and performance data as the
Administrator finds necessary to determine appropriate noise
standards and operating limitations for the aircraft type
consistent with section 44715 of title 49, United States Code.
(4) Final rule.--Not later than 18 months after the end of
the public comment period provided in the notice of proposed
rulemaking required under paragraph (1), the Administrator shall
publish in the Federal Register a final rule applying solely to
the aircraft model submitted for type certification.
(5) Review of rules of civil supersonic flights.--Beginning
December 31, 2020, and every 2 years thereafter, the
Administrator shall review available aircraft noise and
performance data, and consult with heads of appropriate Federal
agencies, to determine whether section 91.817 of title 14, Code
of Federal Regulations, and Appendix B of part 91 of title 14,
Code of Federal Regulations, may be amended, consistent with
section 44715 of title 49, United States Code, to permit
supersonic flight of civil aircraft over land in the United
States.
(6) Implementation of noise standards.--The portion of the
regulation issued by the Administrator of the Federal
[[Page 132 STAT. 3233]]
Aviation Administration titled ``Revision of General Operating
and Flight Rules'' and published in the Federal Register on
August 18, 1989 (54 Fed. Reg. 34284) that restricts operation of
civil aircraft at a true flight Mach number greater than 1 shall
have no force or effect beginning on the date on which the
Administrator publishes in the Federal Register a final rule
specifying sonic boom noise standards for civil supersonic
aircraft.
SEC. 182. MANDATORY USE OF THE NEW YORK NORTH SHORE HELICOPTER
ROUTE.
(a) Public Comment Period.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall provide notice of, and an opportunity for,
at least 60 days of public comment with respect to the
regulations in subpart H of part 93 of title 14, Code of Federal
Regulations.
(2) Timing.--The public comment period required under
paragraph (1) shall begin not later than 30 days after the date
of enactment of this Act.
(b) Public Hearing.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall hold a public hearing in
the communities impacted by the regulations described in subsection
(a)(1) to solicit feedback with respect to the regulations.
(c) Review.--Not later than 30 days after the date of enactment of
this Act, the Administrator shall initiate a review of the regulations
described in subsection (a)(1) that assesses the--
(1) noise impacts of the regulations for communities,
including communities in locations where aircraft are
transitioning to or from a destination or point of landing;
(2) enforcement of applicable flight standards, including
requirements for helicopters operating on the relevant route to
remain at or above 2,500 feet mean sea level; and
(3) availability of alternative or supplemental routes to
reduce the noise impacts of the regulations, including the
institution of an all water route over the Atlantic Ocean.
SEC. 183. STATE STANDARDS FOR AIRPORT PAVEMENTS.
Section 47105(c) of title 49, United States Code, is amended--
(1) by inserting ``(1) In general.--'' before ``The
Secretary'' the first place it appears; and
(2) by adding at the end the following:
``(2) Pavement standards.--
``(A) Technical assistance.--At the request of a
State, the Secretary shall, not later than 30 days after
the date of the request, provide technical assistance to
the State in developing standards, acceptable to the
Secretary under subparagraph (B), for pavement on
nonprimary public-use airports in the State.
``(B) Requirements.--The Secretary shall--
``(i) continue to provide technical assistance
under subparagraph (A) until the standards are
approved under paragraph (1); and
``(ii) clearly indicate to the State the
standards that are acceptable to the Secretary,
considering, at a minimum, local conditions and
locally available materials.''.
[[Page 132 STAT. 3234]]
SEC. 184. ELIGIBILITY OF PILOT PROGRAM AIRPORTS.
(a) Discretionary Fund.--Section 47115 of title 49, United States
Code, is further amended by adding at the end the following:
``(k) Partnership Program Airports.--
``(1) Authority.--The Secretary may make grants with funds
made available under this section for an airport participating
in the program under section 47134 if--
``(A) the Secretary has approved the application of
an airport sponsor under section 47134(b) in fiscal year
2019; and
``(B) the grant will--
``(i) satisfy an obligation incurred by an
airport sponsor under section 47110(e) or funded
by a nonpublic sponsor for an airport development
project on the airport; or
``(ii) provide partial Federal reimbursement
for airport development (as defined in section
47102) on the airport layout plan initiated in the
fiscal year in which the application was approved,
or later, for over a period of not more than 10
years.
``(2) Nonapplicability of certain sections.--Grants made
under this subsection shall not be subject to--
``(A) subsection (c) of this section;
``(B) section 47117(e); or
``(C) any other apportionment formula, special
apportionment category, or minimum percentage set forth
in this chapter.''.
(b) Allowable Project Costs; Letters of Intent.--Section 47110(e) of
such title is amended by adding at the end the following:
``(7) Partnership Program Airports.--The Secretary may issue a
letter of intent under this section to an airport sponsor with an
approved application under section 47134(b) if--
``(A) the application was approved in fiscal year 2019; and
``(B) the project meets all other requirements set forth in
this chapter.''.
SEC. 185. GRANDFATHERING OF CERTAIN DEED AGREEMENTS GRANTING
THROUGH-THE-FENCE ACCESS TO GENERAL
AVIATION AIRPORTS.
Section 47107(s) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Exemption.--The terms and conditions of paragraph (2)
shall not apply to an agreement described in paragraph (1) made
before the enactment of the FAA Modernization and Reform Act of
2012 (Public Law 112-95) that the Secretary determines does not
comply with such terms and conditions but involves property that
is subject to deed or lease restrictions that are considered
perpetual and that cannot readily be brought into compliance.
However, if the Secretary determines that the airport sponsor
and residential property owners are able to make any
modification to such an agreement on or after the date of
enactment of this paragraph, the exemption provided by this
paragraph shall no longer apply.''.
SEC. 186. 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
[[Page 132 STAT. 3235]]
initiate a review of the potential benefits, 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, frequency 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 airports, 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 covered stage 3 aircraft,
including comparisons between the benefits, costs, and other
impacts associated with the phaseout of stage 2 aircraft and the
potential benefits, costs, and other impacts determined under
paragraph (2);
(4) a determination of the costs and logistical challenges
associated with recertifying stage 3 aircraft 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 appropriate
committees of Congress a report on the results of the review.
(d) Covered Stage 3 Aircraft Defined.--In this section, the term
``covered stage 3 aircraft'' means a civil subsonic jet aircraft that is
not capable of meeting the stage 4 noise levels in part 36 of title 14,
Code of Federal Regulations.
SEC. 187. AIRCRAFT NOISE EXPOSURE.
(a) Review.--The Administrator of the Federal Aviation
Administration shall conclude the Administrator's ongoing review of the
relationship 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 results of the review.
(2) Preliminary recommendations.--The report shall contain
such preliminary recommendations as the Administrator determines
appropriate for revising the land use compatibility guidelines
in part 150 of title 14, Code of Federal Regulations, based on
the results of the review and in coordination with other
agencies.
[[Page 132 STAT. 3236]]
SEC. 188. STUDY REGARDING DAY-NIGHT AVERAGE SOUND LEVELS.
(a) Study.--The Administrator of the Federal Aviation Administration
shall evaluate alternative metrics to the current average day-night
level standard, such as the use of actual noise sampling and other
methods, to address community airplane noise concerns.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study under subsection (a).
SEC. 189. STUDY ON POTENTIAL HEALTH AND ECONOMIC IMPACTS OF
OVERFLIGHT NOISE.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall enter into an agreement with an eligible institution of higher
education to conduct a study on the health impacts of noise from
aircraft flights on residents exposed to a range of noise levels from
such flights.
(b) Scope of Study.--The study conducted under subsection (a)
shall--
(1) include an examination of the incremental health impacts
attributable to noise exposure that result from aircraft
flights, including sleep disturbance and elevated blood
pressure;
(2) be focused on residents in the metropolitan area of--
(A) Boston;
(B) Chicago;
(C) the District of Columbia;
(D) New York;
(E) the Northern California Metroplex;
(F) Phoenix;
(G) the Southern California Metroplex;
(H) Seattle; or
(I) 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 aircraft flying at an altitude lower
than 10,000 feet, including during takeoff or landing;
(4) include an assessment of the relationship between a
perceived increase in aircraft noise, including as a result of a
change in flight paths that increases the visibility of aircraft
from a certain location, and an actual increase in aircraft
noise, particularly in areas with high or variable levels of
nonaircraft-related ambient noise; and
(5) consider the economic harm or benefits to businesses
located party or wholly underneath flight paths most frequently
used by aircraft flying at an altitude lower than 10,000 feet,
including during takeoff or landing.
(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 participated
in the Center of Excellence for Aircraft Noise and
Aviation Emissions Mitigation of the Federal Aviation
Administration; or
[[Page 132 STAT. 3237]]
(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 Administrator
that the institution is qualified to conduct the study;
(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, including any source materials used; and
(6) meets such other requirements as the Administrator
determines necessary.
(d) Submission of Study.--Not later than 90 days after the
Administrator receives the results of the study, the Administrator shall
submit to the appropriate committees of Congress the study and a summary
of the results.
SEC. 190. <<NOTE: 49 USC 47104 note.>> ENVIRONMENTAL MITIGATION
PILOT PROGRAM.
(a) In General.--The Secretary of Transportation may 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 Secretary 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 noise, air quality, or water quality at the airport or within
5 miles of the airport.
(d) Eligibility.--Notwithstanding any other provision of chapter 471
of title 49, United States Code, an environmental mitigation project
approved under this section 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 aircraft noise,
airport emissions, or airport water quality impacts either on an
absolute basis or on a per dollar of funds expended basis; and
(2) will be implemented by an eligible consortium.
(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 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 program.
(j) Definitions.--In this section, the following definitions apply:
[[Page 132 STAT. 3238]]
(1) Eligible consortium.--The term ``eligible consortium''
means a consortium that is composed of 2 or more of the
following entities:
(A) Businesses incorporated in the United States.
(B) Public or private educational or research
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 mitigation
techniques or technologies that have been proven in
laboratory demonstrations;
(B) proposes methods for efficient adaptation or
integration of new concepts into airport operations; and
(C) will demonstrate whether new techniques or
technologies for environmental mitigation 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.
(k) Authorization for the Transfer of Funds From Department of
Defense.--
(1) In general.--The Administrator of the Federal Aviation
Administration may accept funds from the Secretary of Defense to
increase the authorized funding for this section by the amount
of such transfer only to carry out projects designed for
environmental mitigation at a site previously, but not
currently, managed by the Department of Defense.
(2) Additional grantees.--If additional funds are made
available by the Secretary of Defense under paragraph (1), the
Administrator may increase the number of grantees under
subsection (a).
SEC. 191. EXTENDING AVIATION DEVELOPMENT STREAMLINING.
(a) In General.--Section 47171 of title 49, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``general aviation airport construction or
improvement projects,'' after ``congested airports,'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
``(2) General aviation airport construction or improvement
project.--A general aviation airport construction or improvement
project shall be subject to the coordinated and expedited
environmental review process requirements set forth in this
section.'';
(3) in subsection (c)(1), by striking ``subsection (b)(2)''
and inserting ``subsection (b)(3)'';
(4) in subsection (d), by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)'';
(5) in subsection (h), by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)''; and
[[Page 132 STAT. 3239]]
(6) in subsection (k), by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)''.
(b) Definitions.--Section 47175 of title 49, United States Code, is
amended by adding at the end the following:
``(8) General aviation airport construction or improvement
project.--The term `general aviation airport construction or
improvement project' means--
``(A) a project for the construction or extension of
a runway, including any land acquisition, helipad,
taxiway, safety area, apron, or navigational aids
associated with the runway or runway extension, at a
general aviation airport, a reliever airport, or a
commercial service airport that is not a primary airport
(as such terms are defined in section 47102); and
``(B) any other airport development project that the
Secretary designates as facilitating aviation capacity
building projects at a general aviation airport.''.
SEC. 192. ZERO-EMISSION VEHICLES AND TECHNOLOGY.
(a) In General.--Section 47136 of title 49, United States Code, as
so redesignated, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary of Transportation may establish a
pilot program under which the sponsors of public-use airports may use
funds made available under this chapter or section 48103 for use at such
airports to carry out--
``(1) activities associated with the acquisition, by
purchase or lease, and operation of eligible zero-emission
vehicles and equipment, including removable power sources for
such vehicles; and
``(2) the construction or modification of infrastructure to
facilitate the delivery of fuel, power or services necessary for
the use of such vehicles.
``(b) Eligibility.--A public-use airport is eligible for
participation in the program if the eligible vehicles or equipment are--
``(1) used exclusively on airport property; or
``(2) used exclusively to transport passengers and employees
between the airport and--
``(A) nearby facilities which are owned or
controlled by the airport or which otherwise directly
support the functions or services provided by the
airport; or
``(B) an intermodal surface transportation facility
adjacent to the airport.'';
(2) by striking subsections (d) through (f) and inserting
the following:
``(d) Federal Share.--The Federal share of the cost of a project
carried out under the program shall be the Federal share specified in
section 47109.
``(e) Technical Assistance.--
``(1) In general.--The sponsor of a public-use airport may
use not more than 10 percent of the amounts made available to
the sponsor under the program in any fiscal year for--
``(A) technical assistance; and
``(B) project management support to assist the
airport with the solicitation, acquisition, and
deployment of zero-
[[Page 132 STAT. 3240]]
emission vehicles, related equipment, and supporting
infrastructure.
``(2) Providers of technical assistance.--To receive the
technical assistance or project management support described in
paragraph (1), participants in the program may use--
``(A) a nonprofit organization selected by the
Secretary; or
``(B) a university transportation center receiving
grants under section 5505 in the region of the airport.
``(f) Materials Identifying Best Practices.--The Secretary may
create and make available materials identifying best practices for
carrying out activities funded under the program based on previous
related projects and other sources.
``(g) Allowable Project Cost.--The allowable project cost for the
acquisition of a zero-emission vehicle shall be the total cost of
purchasing or leasing the vehicle, including the cost of technical
assistance or project management support described in subsection (e).
``(h) Flexible Procurement.--A sponsor of a public-use airport may
use funds made available under the program to acquire, by purchase or
lease, a zero-emission vehicle and a removable power source in separate
transactions, including transactions by which the airport purchases the
vehicle and leases the removable power source.
``(i) Testing Required.--
``(1) In general.--A sponsor of a public-use airport may not
use funds made available under the program to acquire a zero-
emission vehicle unless that make, model, or type of vehicle has
been tested by a Federal vehicle testing facility acceptable to
the Secretary.
``(2) Penalties for false statements.--A certification of
compliance under paragraph (1) shall be considered a
certification required under this subchapter for purposes of
section 47126.
``(j) Definitions.--In this section, the following definitions
apply:
``(1) Eligible zero-emission vehicle and equipment.--The
term `eligible zero-emission vehicle and equipment' means a
zero-emission vehicle, equipment related to such a vehicle, or
ground support equipment that includes zero-emission technology
that is--
``(A) used exclusively on airport property; or
``(B) used exclusively to transport passengers and
employees between the airport and--
``(i) nearby facilities which are owned or
controlled by the airport or which otherwise
directly support the functions or services
provided by the airport; or
``(ii) an intermodal surface transportation
facility adjacent to the airport.
``(2) Removable power source.--The term `removable power
source' means a power source that is separately installed in,
and removable from, a zero-emission vehicle and may include a
battery, a fuel cell, an ultra-capacitor, or other power source
used in a zero-emission vehicle.
``(3) Zero-emission vehicle.--The term `zero-emission
vehicle' means--
[[Page 132 STAT. 3241]]
``(A) a zero-emission vehicle as defined in section
88.102-94 of title 40, Code of Federal Regulations; or
``(B) a vehicle that produces zero exhaust emissions
of any criteria pollutant (or precursor pollutant) under
any possible operational modes and conditions.''.
(b) Special Apportionment Categories.--Section 47117(e)(1)(A) of
title 49, United States Code, is amended by inserting ``for airport
development described in section 47102(3)(Q),'' after ``under section
47141,''.
(c) <<NOTE: 49 USC 47136 note.>> Deployment of Zero Emission
Vehicle Technology.--
(1) Establishment.--The Secretary of Transportation may
establish a zero-emission airport technology program--
(A) to facilitate the deployment of commercially
viable zero-emission airport vehicles, technology, and
related infrastructure; and
(B) to minimize the risk of deploying such vehicles,
technology, and infrastructure.
(2) General authority.--
(A) Assistance to nonprofit organizations.--The
Secretary may provide assistance under the program to
not more than 3 geographically diverse, eligible
organizations to conduct zero-emission airport
technology and infrastructure projects.
(B) Forms of assistance.--The Secretary may provide
assistance under the program in the form of grants,
contracts, and cooperative agreements.
(3) Selection of participants.--
(A) National solicitation.--In selecting
participants, the Secretary shall--
(i) conduct a national solicitation for
applications for assistance under the program; and
(ii) select the recipients of assistance under
the program on a competitive basis.
(B) Considerations.--In selecting from among
applicants for assistance under the program, the
Secretary shall consider--
(i) the ability of an applicant to contribute
significantly to deploying zero-emission
technology as the technology relates to airport
operations;
(ii) the financing plan and cost-share
potential of the applicant; and
(iii) other factors, as the Secretary
determines appropriate.
(C) Priority.--ln selecting from among applicants
for assistance under the program, the Secretary shall
give priority consideration to an applicant that has
successfully managed advanced transportation technology
projects, including projects related to zero-emission
transportation operations.
(4) Eligible projects.--A recipient of assistance under the
program shall use the assistance--
(A) to review and conduct demonstrations of zero-
emission technologies and related infrastructure at
airports;
(B) to evaluate the credibility of new, unproven
vehicle and energy-efficient technologies in various
aspects of airport operations prior to widespread
investment in the technologies by airports and the
aviation industry;
[[Page 132 STAT. 3242]]
(C) to collect data and make the recipient's
findings available to airports, so that airports can
evaluate the applicability of new technologies to their
facilities; and
(D) to report the recipient's findings to the
Secretary.
(5) Administrative provisions.--
(A) Federal share.--The Federal share of the cost of
a project carried out under the program may not exceed
80 percent.
(B) Terms and conditions.--A grant, contract, or
cooperative agreement under this section shall be
subject to such terms and conditions as the Secretary
determines appropriate.
(6) Definitions.--In this subsection, the following
definitions apply:
(A) Eligible organization.--The term ``eligible
organization'' means an organization that has expertise
in zero-emission technology.
(B) Organization.--The term ``organization'' means--
(i) described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of the Internal Revenue Code
of 1986;
(ii) a university transportation center
receiving grants under section 5505 of title 49,
United States Code; or
(iii) any other Federal or non-Federal entity
as the Secretary considers appropriate.
TITLE II--FAA SAFETY CERTIFICATION REFORM
Subtitle A--General Provisions
SEC. 201. <<NOTE: 49 USC 44701 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) Advisory committee.--The term ``Advisory Committee''
means the Safety Oversight and Certification Advisory Committee
established under section 202.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Systems safety approach.--The term ``systems safety
approach'' means the application of specialized technical and
managerial skills to the systematic, forward-looking
identification and control of hazards throughout the lifecycle
of a project, program, or activity.
SEC. 202. <<NOTE: 49 USC 44701 note.>> SAFETY OVERSIGHT AND
CERTIFICATION ADVISORY COMMITTEE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish a Safety Oversight
and Certification Advisory Committee.
[[Page 132 STAT. 3243]]
(b) Duties.--The Advisory Committee shall provide advice to the
Secretary on policy-level issues facing the aviation community that are
related to FAA safety oversight and certification programs and
activities, including, at a minimum, the following:
(1) Aircraft and flight standards certification processes,
including efforts to streamline those processes.
(2) Implementation and oversight of safety management
systems.
(3) Risk-based oversight efforts.
(4) Utilization of delegation and designation authorities,
including organization designation authorization.
(5) Regulatory interpretation standardization efforts.
(6) Training programs.
(7) Expediting the rulemaking process and giving priority to
rules related to safety.
(8) Enhancing global competitiveness of United States
manufactured and United States certificated aerospace and
aviation products and services throughout the world.
(c) Functions.--In carrying out its duties under subsection (b), the
Advisory Committee shall:
(1) Foster industry collaboration in an open and transparent
manner.
(2) Consult with, and ensure participation by--
(A) the private sector, including representatives
of--
(i) general aviation;
(ii) commercial aviation;
(iii) aviation labor;
(iv) aviation maintenance, repair, and
overhaul;
(v) aviation, aerospace, and avionics
manufacturing;
(vi) unmanned aircraft systems operators and
manufacturers; and
(vii) the commercial space transportation
industry;
(B) members of the public; and
(C) other interested parties.
(3) Recommend consensus national goals, strategic
objectives, and priorities for the most efficient, streamlined,
and cost-effective certification and safety oversight processes
in order to maintain the safety of the aviation system and, at
the same time, allow the FAA to meet future needs and ensure
that aviation stakeholders remain competitive in the global
marketplace.
(4) Provide policy guidance recommendations for the FAA's
certification and safety oversight efforts.
(5) On a regular basis, review and provide recommendations
on the FAA's certification and safety oversight efforts.
(6) Periodically review and evaluate registration,
certification, and related fees.
(7) Provide appropriate legislative, regulatory, and
guidance recommendations for the air transportation system and
the aviation safety regulatory environment.
(8) Recommend performance objectives for the FAA and
industry.
(9) Recommend performance metrics and goals to track and
review the FAA and the regulated aviation industry on
[[Page 132 STAT. 3244]]
their progress towards streamlining certification reform,
conducting flight standards reform, and carrying out regulation
consistency efforts.
(10) Provide a venue for tracking progress toward national
goals and sustaining joint commitments.
(11) Recommend recruiting, hiring, training, and continuing
education objectives for FAA aviation safety engineers and
aviation safety inspectors.
(12) Provide advice and recommendations to the FAA on how to
prioritize safety rulemaking projects.
(13) Improve the development of FAA regulations by providing
information, advice, and recommendations related to aviation
issues.
(14) Facilitate the validation and acceptance of United
States manufactured and United States certificated products and
services throughout the world.
(d) Membership.--
(1) In general.--The Advisory Committee shall be composed of
the following members:
(A) The Administrator (or the Administrator's
designee).
(B) At least 11 individuals, appointed by the
Secretary, each of whom represents at least 1 of the
following interests:
(i) Transport aircraft and engine
manufacturers.
(ii) General aviation aircraft and engine
manufacturers.
(iii) Avionics and equipment manufacturers.
(iv) Aviation labor organizations, including
collective bargaining representatives of FAA
aviation safety inspectors and aviation safety
engineers.
(v) General aviation operators.
(vi) Air carriers.
(vii) Business aviation operators.
(viii) Unmanned aircraft systems manufacturers
and operators.
(ix) Aviation safety management experts.
(x) Aviation maintenance, repair, and
overhaul.
(xi) Airport owners and operators.
(2) Nonvoting members.--
(A) In general.--In addition to the members
appointed under paragraph (1), the Advisory Committee
shall be composed of nonvoting members appointed by the
Secretary from among individuals representing FAA safety
oversight program offices.
(B) Duties.--The nonvoting members may--
(i) take part in deliberations of the Advisory
Committee; and
(ii) provide input with respect to any final
reports or recommendations of the Advisory
Committee.
(C) Limitation.--The nonvoting members may not
represent any stakeholder interest other than that of an
FAA safety oversight program office.
(3) Terms.--Each voting member and nonvoting member of the
Advisory Committee appointed by the Secretary shall be appointed
for a term of 2 years.
[[Page 132 STAT. 3245]]
(4) Committee characteristics.--The Advisory Committee shall
have the following characteristics:
(A) Each voting member under paragraph (1)(B) shall
be an executive officer of the organization who has
decisionmaking authority within the member's
organization and can represent and enter into
commitments on behalf of such organization.
(B) The ability to obtain necessary information from
experts in the aviation and aerospace communities.
(C) A membership size that enables the Advisory
Committee to have substantive discussions and reach
consensus on issues in a timely manner.
(D) Appropriate expertise, including expertise in
certification and risked-based safety oversight
processes, operations, policy, technology, labor
relations, training, and finance.
(5) Limitation on statutory construction.--Public Law 104-65
(2 U.S.C. 1601 et seq.) may not be construed to prohibit or
otherwise limit the appointment of any individual as a member of
the Advisory Committee.
(e) Chairperson.--
(1) In general.--The Chairperson of the Advisory Committee
shall be appointed by the Secretary from among those members of
the Advisory Committee that are voting members under subsection
(d)(1)(B).
(2) Term.--Each member appointed under paragraph (1) shall
serve a term of 2 years as Chairperson.
(f) Meetings.--
(1) Frequency.--The Advisory Committee shall meet at least
twice each year at the call of the Chairperson.
(2) Public attendance.--The meetings of the Advisory
Committee shall be open and accessible to the public.
(g) Special Committees.--
(1) Establishment.--The Advisory Committee may establish
special committees composed of private sector representatives,
members of the public, labor representatives, and other relevant
parties in complying with consultation and participation
requirements under this section.
(2) Rulemaking advice.--A special committee established by
the Advisory Committee may--
(A) provide rulemaking advice and recommendations to
the Advisory Committee with respect to aviation-related
issues;
(B) provide the FAA additional opportunities to
obtain firsthand information and insight from those
parties that are most affected by existing and proposed
regulations; and
(C) assist in expediting the development, revision,
or elimination of rules without circumventing public
rulemaking processes and procedures.
(3) Applicable law.--Public Law 92-463 shall not apply to a
special committee established by the Advisory Committee.
(h) Sunset.--The Advisory Committee shall terminate on the last day
of the 6-year period beginning on the date of the initial appointment of
the members of the Advisory Committee.
[[Page 132 STAT. 3246]]
(i) Termination of Air Traffic Procedures Advisory Committee.--The
Air Traffic Procedures Advisory Committee established by the FAA shall
terminate on the date of the initial appointment of the members of the
Advisory Committee.
Subtitle B--Aircraft Certification Reform
SEC. 211. <<NOTE: 49 USC 44701 note.>> AIRCRAFT CERTIFICATION
PERFORMANCE OBJECTIVES AND METRICS.
(a) In General.--Not later than 120 days after the date on which the
Advisory Committee is established under section 202, the Administrator
shall establish performance objectives and apply and track performance
metrics for the FAA and the aviation industry relating to aircraft
certification in accordance with this section.
(b) Collaboration.--The Administrator shall carry out this section
in collaboration with the Advisory Committee and update agency
performance objectives and metrics after considering the recommendations
of the Advisory Committee under paragraphs (8) and (9) of section
202(c).
(c) Performance Objectives.--In carrying out subsection (a), the
Administrator shall establish performance objectives for the FAA and the
aviation industry to ensure that, with respect to aircraft
certification, progress is made toward, at a minimum--
(1) eliminating certification delays and improving cycle
times;
(2) increasing accountability for both the FAA and the
aviation industry;
(3) achieving full utilization of FAA delegation and
designation authorities, including organizational designation
authorization;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) increasing transparency;
(7) developing and providing training, including recurrent
training, in auditing and a systems safety approach to
certification oversight;
(8) improving the process for approving or accepting
certification actions between the FAA and bilateral partners;
(9) maintaining and improving safety;
(10) streamlining the hiring process for--
(A) qualified systems safety engineers to support
the FAA's efforts to implement a systems safety
approach; and
(B) qualified systems engineers to guide the
engineering of complex systems within the FAA; and
(11) maintaining the leadership of the United States in
international aviation and aerospace.
(d) Performance Metrics.--In carrying out subsection (a), the
Administrator shall apply and track performance metrics for the FAA and
the regulated aviation industry established by the Advisory Committee.
(e) Data Generation.--
(1) Baselines.--Not later than 1 year after the date on
which the Advisory Committee recommends initial performance
[[Page 132 STAT. 3247]]
metrics for the FAA and the regulated aviation industry under
section 202, the Administrator shall generate initial data with
respect to each of the performance metrics applied and tracked
under this section.
(2) Benchmarks to measure progress toward goals.--The
Administrator shall use the metrics applied and tracked under
this section to generate data on an ongoing basis and to measure
progress toward the achievement of national goals recommended by
the Advisory Committee.
(f) Publication.--The Administrator shall make data generated using
the performance metrics applied and tracked under this section available
to the public in a searchable, sortable, and downloadable format through
the internet website of the FAA or other appropriate methods and shall
ensure that the data are made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) prevents inappropriate disclosure of proprietary
information.
SEC. 212. ORGANIZATION DESIGNATION AUTHORIZATIONS.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44736. <<NOTE: 49 USC 44736.>> Organization designation
authorizations
``(a) Delegations of Functions.--
``(1) In general.--Except as provided in paragraph (3), when
overseeing an ODA holder, the Administrator of the FAA shall--
``(A) require, based on an application submitted by
the ODA holder and approved by the Administrator (or the
Administrator's designee), a procedures manual that
addresses all procedures and limitations regarding the
functions to be performed by the ODA holder;
``(B) delegate fully to the ODA holder each of the
functions to be performed as specified in the procedures
manual, unless the Administrator determines, after the
date of the delegation and as a result of an inspection
or other investigation, that the public interest and
safety of air commerce requires a limitation with
respect to 1 or more of the functions;
``(C) conduct regular oversight activities by
inspecting the ODA holder's delegated functions and
taking action based on validated inspection findings;
and
``(D) for each function that is limited under
subparagraph (B), work with the ODA holder to develop
the ODA holder's capability to execute that function
safely and effectively and return to full authority
status.
``(2) Duties of oda holders.--An ODA holder shall--
``(A) perform each specified function delegated to
the ODA holder in accordance with the approved
procedures manual for the delegation;
``(B) make the procedures manual available to each
member of the appropriate ODA unit; and
``(C) cooperate fully with oversight activities
conducted by the Administrator in connection with the
delegation.
[[Page 132 STAT. 3248]]
``(3) Existing oda holders.--With regard to an ODA holder
operating under a procedures manual approved by the
Administrator before the date of enactment of the FAA
Reauthorization Act of 2018, the Administrator shall--
``(A) at the request of the ODA holder and in an
expeditious manner, approve revisions to the ODA
holder's procedures manual;
``(B) delegate fully to the ODA holder each of the
functions to be performed as specified in the procedures
manual, unless the Administrator determines, after the
date of the delegation and as a result of an inspection
or other investigation, that the public interest and
safety of air commerce requires a limitation with
respect to one or more of the functions;
``(C) conduct regular oversight activities by
inspecting the ODA holder's delegated functions and
taking action based on validated inspection findings;
and
``(D) for each function that is limited under
subparagraph (B), work with the ODA holder to develop
the ODA holder's capability to execute that function
safely and effectively and return to full authority
status.
``(b) ODA Office.--
``(1) Establishment.--Not later than 120 days after the date
of enactment of this section, the Administrator of the FAA shall
identify, within the FAA Office of Aviation Safety, a
centralized policy office to be known as the Organization
Designation Authorization Office or the ODA Office.
``(2) Purpose.--The purpose of the ODA Office shall be to
provide oversight and ensure the consistency of the FAA's audit
functions under the ODA program across the FAA.
``(3) Functions.--The ODA Office shall--
``(A)(i) at the request of an ODA holder, eliminate
all limitations specified in a procedures manual in
place on the day before the date of enactment of the FAA
Reauthorization Act of 2018 that are low and medium risk
as determined by a risk analysis using criteria
established by the ODA Office and disclosed to the ODA
holder, except where an ODA holder's performance
warrants the retention of a specific limitation due to
documented concerns about inadequate current performance
in carrying out that authorized function;
``(ii) require an ODA holder to establish a
corrective action plan to regain authority for any
retained limitations;
``(iii) require an ODA holder to notify the ODA
Office when all corrective actions have been
accomplished; and
``(iv) make a reassessment to determine if
subsequent performance in carrying out any retained
limitation warrants continued retention and, if such
reassessment determines performance meets objectives,
lift such limitation immediately;
``(B) improve FAA and ODA holder performance and
ensure full utilization of the authorities delegated
under the ODA program;
``(C) develop a more consistent approach to audit
priorities, procedures, and training under the ODA
program;
[[Page 132 STAT. 3249]]
``(D) review, in a timely fashion, a random sample
of limitations on delegated authorities under the ODA
program to determine if the limitations are appropriate;
``(E) ensure national consistency in the
interpretation and application of the requirements of
the ODA program, including any limitations, and in the
performance of the ODA program; and
``(F) at the request of an ODA holder, review and
approve new limitations to ODA functions.
``(c) Definitions.--In this section, the following definitions
apply:
``(1) FAA.--The term `FAA' means the Federal Aviation
Administration.
``(2) ODA holder.--The term `ODA holder' means an entity
authorized to perform functions pursuant to a delegation made by
the Administrator of the FAA under section 44702(d).
``(3) ODA unit.--The term ``ODA unit'' means a group of 2 or
more individuals who perform, under the supervision of an ODA
holder, authorized functions under an ODA.
``(4) Organization.--The term ``organization'' means a firm,
partnership, corporation, company, association, joint-stock
association, or governmental entity.
``(5) Organization designation authorization; oda.--The term
`Organization Designation Authorization' or `ODA' means an
authorization by the FAA under section 44702(d) for an
organization composed of 1 or more ODA units to perform approved
functions on behalf of the FAA.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, <<NOTE: 49 USC 44701 prec.>> is amended by adding
at the end the following:
``44736. Organization designation authorizations.''.
SEC. 213. ODA REVIEW.
(a) Establishment of Expert Review Panel.--
(1) Expert panel.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall convene a
multidisciplinary expert review panel (in this section referred
to as the ``Panel'').
(2) Composition of panel.--
(A) Appointment of members.--The Panel shall be
composed of not more than 20 members appointed by the
Administrator.
(B) Qualifications.--The members appointed to the
Panel shall--
(i) each have a minimum of 5 years of
experience in processes and procedures under the
ODA program; and
(ii) represent, at a minimum, ODA holders,
aviation manufacturers, safety experts, and FAA
labor organizations, including labor
representatives of FAA aviation safety inspectors
and aviation safety engineers.
(b) Survey.--The Panel shall conduct a survey of ODA holders and ODA
program applicants to document and assess FAA certification and
oversight activities, including use of the ODA program and the
timeliness and efficiency of the certification process. In
[[Page 132 STAT. 3250]]
carrying out this subsection, the Panel shall consult with appropriate
survey experts to best design and conduct the survey.
(c) Assessment and Recommendations.--The Panel shall assess and make
recommendations concerning--
(1) the FAA's processes and procedures under the ODA program
and whether the processes and procedures function as intended;
(2) the best practices of and lessons learned by ODA holders
and FAA personnel who provide oversight of ODA holders;
(3) performance incentive policies that--
(A) are related to the ODA program for FAA
personnel; and
(B) do not conflict with the public interest;
(4) training activities related to the ODA program for FAA
personnel and ODA holders;
(5) the impact, if any, that oversight of the ODA program
has on FAA resources and the FAA's ability to process
applications for certifications outside of the ODA program; and
(6) the results of the survey conducted under subsection
(b).
(d) Report.--Not later than 180 days after the date the Panel is
convened under subsection (a), the Panel shall submit to the
Administrator, the Advisory Committee, and the appropriate committees of
Congress a report on the findings and recommendations of the Panel.
(e) Definitions.--The definitions contained in section 44736 of
title 49, United States Code, as added by this Act, apply to this
section.
(f) Applicable Law.--Public Law 92-463 shall not apply to the Panel.
(g) Sunset.--The Panel shall terminate on the date of submission of
the report under subsection (d), or on the date that is 1 year after the
Panel is convened under subsection (a), whichever occurs first.
SEC. 214. TYPE CERTIFICATION RESOLUTION PROCESS.
(a) In General.--Section 44704(a) of title 49, United States Code,
is amended by adding at the end the following:
``(6) Type certification resolution process.--
``(A) In general.--Not later than 15 months after
the date of enactment of the FAA Reauthorization Act of
2018, the Administrator shall establish an effective,
timely, and milestone-based issue resolution process for
type certification activities under this subsection.
``(B) Process requirements.--The resolution process
shall provide for--
``(i) resolution of technical issues at pre-
established stages of the certification process,
as agreed to by the Administrator and the type
certificate applicant;
``(ii) automatic elevation to appropriate
management personnel of the Federal Aviation
Administration and the type certificate applicant
of any major certification process milestone that
is not completed or resolved within a specific
period of time agreed to by the Administrator and
the type certificate applicant; and
[[Page 132 STAT. 3251]]
``(iii) resolution of a major certification
process milestone elevated pursuant to clause (ii)
within a specific period of time agreed to by the
Administrator and the type certificate applicant.
``(C) Major certification process milestone
defined.--In this paragraph, the term `major
certification process milestone' means a milestone
related to a type certification basis, type
certification plan, type inspection authorization, issue
paper, or other major type certification activity agreed
to by the Administrator and the type certificate
applicant.''.
(b) Technical Amendment.--Section 44704 of title 49, United States
Code, is amended in the section heading by striking ``airworthiness
certificates,,'' and inserting ``airworthiness certificates,''.
SEC. 215. REVIEW OF CERTIFICATION PROCESS FOR SMALL GENERAL
AVIATION AIRPLANES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
a review of the Federal Aviation Administration's implementation of the
final rule titled ``Revision of Airworthiness Standards for Normal,
Utility, Acrobatic, and Commuter Category Airplanes'' (81 Fed. Reg.
96572).
(b) Considerations.--In carrying out the review, the Comptroller
General shall assess--
(1) how the rule puts into practice the Administration's
efforts to implement performance and risk-based safety
standards;
(2) the extent to which the rule has resulted in the
implementation of a streamlined regulatory regime to improve
safety, reduce regulatory burden, and decrease costs;
(3) whether the rule and its implementation have spurred
innovation and technological adoption;
(4) how consensus standards accepted by the FAA facilitate
the development of new safety equipment and aircraft
capabilities; and
(5) whether lessons learned from the rule and its
implementation have resulted in best practices that could be
applied to airworthiness standards for other categories of
aircraft.
(c) Report.--Not later than 180 days after the date of initiation of
the review, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the review, including
findings and recommendations.
SEC. 216. ODA STAFFING AND OVERSIGHT.
(a) Report to Congress.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the Administration's progress with
respect to--
(1) determining what additional model inputs and labor
distribution codes are needed to identify ODA oversight staffing
needs;
(2) developing and implementing system-based evaluation
criteria and risk-based tools to aid ODA team members in
targeting their oversight activities;
[[Page 132 STAT. 3252]]
(3) developing agreements and processes for sharing
resources to ensure adequate oversight of ODA personnel
performing certification and inspection work at supplier and
company facilities; and
(4) ensuring full utilization of ODA authority.
(b) ODA Defined.--In this section, the term ``ODA'' has the meaning
given that term in section 44736 of title 49, United States Code, as
added by this Act.
Subtitle C--Flight Standards Reform
SEC. 221. <<NOTE: 49 USC 44701 note.>> FLIGHT STANDARDS
PERFORMANCE OBJECTIVES AND METRICS.
(a) In General.--Not later than 120 days after the date on which the
Advisory Committee is established under section 202, the Administrator
shall establish performance objectives and apply and track performance
metrics for the FAA and the aviation industry relating to flight
standards activities in accordance with this section.
(b) Collaboration.--The Administrator shall carry out this section
in collaboration with the Advisory Committee, and update agency
performance objectives and metrics after considering the recommendations
of the Advisory Committee under paragraphs (8) and (9) of section
202(c).
(c) Performance Objectives.--In carrying out subsection (a), the
Administrator shall establish performance objectives for the FAA and the
aviation industry to ensure that, with respect to flight standards
activities, progress is made toward, at a minimum--
(1) eliminating delays with respect to such activities;
(2) increasing accountability for both the FAA and the
aviation industry;
(3) achieving full utilization of FAA delegation and
designation authorities, including organizational designation
authority;
(4) fully implementing risk management principles and a
systems safety approach;
(5) reducing duplication of effort;
(6) eliminating inconsistent regulatory interpretations and
inconsistent enforcement activities;
(7) improving and providing greater opportunities for
training, including recurrent training, in auditing and a
systems safety approach to oversight;
(8) developing and allowing utilization of a single master
source for guidance;
(9) providing and utilizing a streamlined appeal process for
the resolution of regulatory interpretation questions;
(10) maintaining and improving safety; and
(11) increasing transparency.
(d) Performance Metrics.--In carrying out subsection (a), the
Administrator shall apply and track performance metrics for the FAA and
the regulated aviation industry established by the Advisory Committee.
(e) Data Generation.--
(1) Baselines.--Not later than 1 year after the date on
which the Advisory Committee recommends initial performance
metrics for the FAA and the regulated aviation industry under
[[Page 132 STAT. 3253]]
section 202, the Administrator shall generate initial data with
respect to each of the performance metrics applied and tracked
under this section.
(2) Benchmarks to measure progress toward goals.--The
Administrator shall use the metrics applied and tracked under
this section to generate data on an ongoing basis and to measure
progress toward the achievement of national goals recommended by
the Advisory Committee.
(f) Publication.--The Administrator shall make data generated using
the performance metrics applied and tracked under this section available
to the public in a searchable, sortable, and downloadable format through
the internet website of the FAA or other appropriate methods and shall
ensure that the data are made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity; and
(2) prevents inappropriate disclosure of proprietary
information.
SEC. 222. FAA TASK FORCE ON FLIGHT STANDARDS REFORM.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall establish the FAA Task
Force on Flight Standards Reform (in this section referred to as the
``Task Force'').
(b) Membership.--
(1) Appointment.--The membership of the Task Force shall be
appointed by the Administrator.
(2) Number.--The Task Force shall be composed of not more
than 20 members.
(3) Representation requirements.--The membership of the Task
Force shall include representatives, with knowledge of flight
standards regulatory processes and requirements, of--
(A) air carriers;
(B) general aviation;
(C) business aviation;
(D) repair stations;
(E) unmanned aircraft systems operators;
(F) flight schools;
(G) labor unions, including those representing FAA
aviation safety inspectors and those representing FAA
aviation safety engineers;
(H) aviation and aerospace manufacturers; and
(I) aviation safety experts.
(c) Duties.--The duties of the Task Force shall include, at a
minimum, identifying best practices and providing recommendations, for
current and anticipated budgetary environments, with respect to--
(1) simplifying and streamlining flight standards regulatory
processes, including issuance and oversight of certificates;
(2) reorganizing Flight Standards Services to establish an
entity organized by function rather than geographic region, if
appropriate;
(3) FAA aviation safety inspector training opportunities;
(4) ensuring adequate and timely provision of Flight
Standards activities and responses necessary for type
certification, operational evaluation, and entry into service of
newly manufactured aircraft;
[[Page 132 STAT. 3254]]
(5) FAA aviation safety inspector standards and performance;
and
(6) achieving, across the FAA, consistent--
(A) regulatory interpretations; and
(B) application of oversight activities.
(d) Report.--Not later than 1 year after the date of the
establishment of the Task Force, the Task Force shall submit to the
appropriate committees of Congress a report detailing--
(1) the best practices identified and recommendations
provided by the Task Force under subsection (c); and
(2) any recommendations of the Task Force for additional
regulatory, policy, or cost-effective legislative action to
improve the efficiency of agency activities.
(e) Applicable Law.--Public Law 92-463 shall not apply to the Task
Force.
(f) Sunset.--The Task Force shall terminate on the earlier of--
(1) the date on which the Task Force submits the report
required under subsection (d); or
(2) the date that is 18 months after the date on which the
Task Force is established under subsection (a).
SEC. 223. <<NOTE: 49 USC 44701 note.>> CENTRALIZED SAFETY
GUIDANCE DATABASE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a centralized
safety guidance database that will--
(1) encompass all of the regulatory guidance documents of
the FAA Office of Aviation Safety;
(2) contain, for each such guidance document, a link to the
Code of Federal Regulations provision to which the document
relates; and
(3) be publicly available in a manner that--
(A) protects from disclosure identifying information
regarding an individual or entity; and
(B) prevents inappropriate disclosure proprietary
information.
(b) Data Entry Timing.--
(1) Existing documents.--Not later than 14 months after the
date of enactment of this Act, the Administrator shall begin
entering into the database established under subsection (a) all
of the regulatory guidance documents of the Office of Aviation
Safety that are in effect and were issued before the date on
which the Administrator begins such entry process.
(2) New documents and changes.--On and after the date on
which the Administrator begins the document entry process under
paragraph (1), the Administrator shall ensure that all new
regulatory guidance documents of the Office of Aviation Safety
and any changes to existing documents are included in the
database established under subsection (a) as such documents or
changes to existing documents are issued.
(c) Consultation Requirement.--In establishing the database under
subsection (a), the Administrator shall consult and collaborate with
appropriate stakeholders, including labor organizations (including those
representing aviation workers, FAA aviation safety engineers and FAA
aviation safety inspectors) and aviation industry stakeholders.
[[Page 132 STAT. 3255]]
(d) Regulatory Guidance Documents Defined.--In this section, the
term ``regulatory guidance documents'' means all forms of written
information issued by the FAA that an individual or entity may use to
interpret or apply FAA regulations and requirements, including
information an individual or entity may use to determine acceptable
means of compliance with such regulations and requirements, such as an
order, manual, circular, policy statement, legal interpretation
memorandum, or rulemaking document.
SEC. 224. <<NOTE: 49 USC 44701 note.>> REGULATORY CONSISTENCY
COMMUNICATIONS BOARD.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a Regulatory
Consistency Communications Board (in this section referred to as the
``Board'').
(b) Consultation Requirement.--In establishing the Board, the
Administrator shall consult and collaborate with appropriate
stakeholders, including FAA labor organizations (including labor
organizations representing FAA aviation safety inspectors) and industry
stakeholders.
(c) Membership.--The Board shall be composed of FAA representatives,
appointed by the Administrator, from--
(1) the Flight Standards Service;
(2) the Aircraft Certification Service; and
(3) the Office of the Chief Counsel.
(d) Functions.--The Board shall carry out the following functions:
(1) Establish, at a minimum, processes by which--
(A) FAA personnel and persons regulated by the FAA
may submit anonymous regulatory interpretation questions
without fear of retaliation;
(B) FAA personnel may submit written questions, and
receive written responses, as to whether a previous
approval or regulatory interpretation issued by FAA
personnel in another office or region is correct or
incorrect; and
(C) any other person may submit written anonymous
regulatory interpretation questions.
(2) Meet on a regular basis to discuss and resolve questions
submitted pursuant to paragraph (1) and the appropriate
application of regulations and policy with respect to each
question.
(3) Provide to a person that submitted a question pursuant
to subparagraph (A) or (B) of paragraph (1) a timely written
response to the question.
(4) Establish a process to make resolutions of common
regulatory interpretation questions publicly available to FAA
personnel, persons regulated by the FAA, and the public without
revealing any identifying data of the person that submitted the
question and in a manner that protects any proprietary
information.
(5) Ensure the incorporation of resolutions of questions
submitted pursuant to paragraph (1) into regulatory guidance
documents, as such term is defined in section 223(d).
(e) Performance Metrics, Timelines, and Goals.--Not later than 180
days after the date on which the Advisory Committee recommends
performance objectives and performance metrics for the FAA and the
regulated aviation industry under section 202,
[[Page 132 STAT. 3256]]
the Administrator, in collaboration with the Advisory Committee, shall--
(1) establish performance metrics, timelines, and goals to
measure the progress of the Board in resolving regulatory
interpretation questions submitted pursuant to subsection
(d)(1); and
(2) implement a process for tracking the progress of the
Board in meeting the performance metrics, timelines, and goals
established under paragraph (1).
Subtitle D--Safety Workforce
SEC. 231. SAFETY WORKFORCE TRAINING STRATEGY.
(a) Safety Workforce Training Strategy.--Not later than 60 days
after the date of enactment of this Act, the Administrator shall review
and revise its safety workforce training strategy to ensure that such
strategy--
(1) aligns with an effective risk-based approach to safety
oversight;
(2) best uses available resources;
(3) allows FAA employees participating in organization
management teams or conducting ODA program audits to complete,
in a timely fashion, appropriate training, including recurrent
training, in auditing and a systems safety approach to
oversight;
(4) seeks knowledge-sharing opportunities between the FAA
and the aviation industry in new technologies, equipment and
systems, best practices, and other areas of interest related to
safety oversight;
(5) functions within the current and anticipated budgetary
environments;
(6) fosters an inspector and engineer workforce that has the
skills and training necessary to improve risk-based approaches
that focus on requirements management and auditing skills; and
(7) includes, as appropriate, milestones and metrics for
meeting the requirements of paragraphs (1) through (5).
(b) Report.--Not later than 270 days after the date of the revision
of the strategy required under subsection (a), the Administrator shall
submit to the appropriate committees of Congress a report on the
implementation of the strategy and progress in meeting any milestones
and metrics included in the strategy.
(c) Definitions.--In this section, the following definitions apply:
(1) ODA; oda holder.--The terms ``ODA'' and ``ODA holder''
have the meanings given those terms in section 44736 of title
49, United States Code, as added by this Act.
(2) ODA program.--The term ``ODA program'' means the program
to standardize FAA management and oversight of the organizations
that are approved to perform certain functions on behalf of the
Administration under section 44702(d) of title 49, United States
Code.
(3) Organization management team.--The term ``organization
management team'' means a team consisting of FAA aviation safety
engineers, flight test pilots, and aviation
[[Page 132 STAT. 3257]]
safety inspectors overseeing an ODA holder and its certification
activity.
SEC. 232. WORKFORCE REVIEW.
(a) Workforce Review.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a review to assess the workforce and training needs of the
FAA Office of Aviation Safety in the anticipated budgetary environment.
(b) Contents.--The review required under subsection (a) shall
include--
(1) a review of current aviation safety inspector and
aviation safety engineer hiring, training, and recurrent
training requirements;
(2) an analysis of the skills and qualifications required of
aviation safety inspectors and aviation safety engineers for
successful performance in the current and future projected
aviation safety regulatory environment, including the need for a
systems engineering discipline within the FAA to guide the
engineering of complex systems, with an emphasis on auditing
designated authorities;
(3) a review of current performance incentive policies of
the FAA, as applied to the Office of Aviation Safety, including
awards for performance;
(4) an analysis of ways the FAA can work with industry and
labor, including labor groups representing FAA aviation safety
inspectors and aviation safety engineers, to establish
knowledge-sharing opportunities between the FAA and the aviation
industry regarding new equipment and systems, best practices,
and other areas of interest; and
(5) recommendations on the most effective qualifications,
training programs (including e-learning training), and
performance incentive approaches to address the needs of the
future projected aviation safety regulatory system in the
anticipated budgetary environment.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the review required
under subsection (a).
Subtitle E--International Aviation
SEC. 241. PROMOTION OF UNITED STATES AEROSPACE STANDARDS,
PRODUCTS, AND SERVICES ABROAD.
Section 40104 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Promotion of United States Aerospace Standards, Products, and
Services Abroad.--The Secretary shall take appropriate actions to--
``(1) promote United States aerospace-related safety
standards abroad;
``(2) facilitate and vigorously defend approvals of United
States aerospace products and services abroad;
``(3) with respect to bilateral partners, utilize bilateral
safety agreements and other mechanisms to improve validation of
United States certificated aeronautical products, services,
[[Page 132 STAT. 3258]]
and appliances and enhance mutual acceptance in order to
eliminate redundancies and unnecessary costs; and
``(4) with respect to the aeronautical safety authorities of
a foreign country, streamline validation and coordination
processes.''.
SEC. 242. BILATERAL EXCHANGES OF SAFETY OVERSIGHT
RESPONSIBILITIES.
Section 44701(e) of title 49, United States Code, is amended by
adding at the end the following:
``(5) Foreign airworthiness directives.--
``(A) Acceptance.--Subject to subparagraph (D), the
Administrator may accept an airworthiness directive, as
defined in section 39.3 of title 14, Code of Federal
Regulations, issued by an aeronautical safety authority
of a foreign country, and leverage that authority's
regulatory process, if--
``(i) the country is the state of design for
the product that is the subject of the
airworthiness directive;
``(ii) the United States has a bilateral
safety agreement relating to aircraft
certification with the country;
``(iii) as part of the bilateral safety
agreement with the country, the Administrator has
determined that such aeronautical safety authority
has an aircraft certification system relating to
safety that produces a level of safety equivalent
to the level produced by the system of the Federal
Aviation Administration;
``(iv) the aeronautical safety authority of
the country utilizes an open and transparent
notice and comment process in the issuance of
airworthiness directives; and
``(v) the airworthiness directive is necessary
to provide for the safe operation of the aircraft
subject to the directive.
``(B) Alternative approval process.--Notwithstanding
subparagraph (A), the Administrator may issue a Federal
Aviation Administration airworthiness directive instead
of accepting an airworthiness directive otherwise
eligible for acceptance under such subparagraph, if the
Administrator determines that such issuance is necessary
for safety or operational reasons due to the complexity
or unique features of the Federal Aviation
Administration airworthiness directive or the United
States aviation system.
``(C) Alternative means of compliance.--The
Administrator may--
``(i) accept an alternative means of
compliance, with respect to an airworthiness
directive accepted under subparagraph (A), that
was approved by the aeronautical safety authority
of the foreign country that issued the
airworthiness directive; or
``(ii) notwithstanding subparagraph (A), and
at the request of any person affected by an
airworthiness directive accepted under such
subparagraph, approve an alternative means of
compliance with respect to the airworthiness
directive.
[[Page 132 STAT. 3259]]
``(D) Limitation.--The Administrator may not accept
an airworthiness directive issued by an aeronautical
safety authority of a foreign country if the
airworthiness directive addresses matters other than
those involving the safe operation of an aircraft.''.
SEC. <<NOTE: 49 USC 44701 note.>> 243. FAA LEADERSHIP ABROAD.
(a) In General.--To promote United States aerospace safety
standards, reduce redundant regulatory activity, and facilitate
acceptance of FAA design and production approvals abroad, the
Administrator shall--
(1) attain greater expertise in issues related to dispute
resolution, intellectual property, and export control laws to
better support FAA certification and other aerospace regulatory
activities abroad;
(2) work with United States companies to more accurately
track the amount of time it takes foreign authorities, including
bilateral partners, to validate United States certificated
aeronautical products;
(3) provide assistance to United States companies that have
experienced significantly long foreign validation wait times;
(4) work with foreign authorities, including bilateral
partners, to collect and analyze data to determine the
timeliness of the acceptance and validation of FAA design and
production approvals by foreign authorities and the acceptance
and validation of foreign-certified products by the FAA;
(5) establish appropriate benchmarks and metrics to measure
the success of bilateral aviation safety agreements and to
reduce the validation time for United States certificated
aeronautical products abroad; and
(6) work with foreign authorities, including bilateral
partners, to improve the timeliness of the acceptance and
validation of FAA design and production approvals by foreign
authorities and the acceptance and validation of foreign-
certified products by the FAA.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report that--
(1) describes the FAA's strategic plan for international
engagement;
(2) describes the structure and responsibilities of all FAA
offices that have international responsibilities, including the
Aircraft Certification Office, and all the activities conducted
by those offices related to certification and production;
(3) describes current and forecasted staffing and travel
needs for the FAA's international engagement activities,
including the needs of the Aircraft Certification Office in the
current and forecasted budgetary environment;
(4) provides recommendations, if appropriate, to improve the
existing structure and personnel and travel policies supporting
the FAA's international engagement activities, including the
activities of the Aviation Certification Office, to better
support the growth of United States aerospace exports; and
(5) identifies cost-effective policy initiatives, regulatory
initiatives, or legislative initiatives needed to improve and
enhance
[[Page 132 STAT. 3260]]
the timely acceptance of United States aerospace products
abroad.
(c) International Travel.--The Administrator, or the Administrator's
designee, may authorize international travel for any FAA employee,
without the approval of any other person or entity, if the Administrator
determines that the travel is necessary--
(1) to promote United States aerospace safety standards; or
(2) to support expedited acceptance of FAA design and
production approvals.
SEC. 244. REGISTRATION, CERTIFICATION, AND RELATED FEES.
Section 45305 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``Subject to subsection
(b)'' and inserting ``Subject to subsection (c)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Certification Services.--Subject to subsection (c), and
notwithstanding section 45301(a), the Administrator may establish and
collect a fee from a foreign government or entity for services related
to certification, regardless of where the services are provided, if the
fee--
``(1) is established and collected in a manner consistent
with aviation safety agreements; and
``(2) does not exceed the estimated costs of the
services.''.
TITLE III--SAFETY
Subtitle A--General Provisions
SEC. 301. <<NOTE: 49 USC 44701 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
SEC. <<NOTE: 49 USC 44701 note.>> 302. FAA TECHNICAL TRAINING.
(a) E-learning Training Pilot Program.--Not later than 90 days after
the date of enactment of this Act, the Administrator, in collaboration
with the exclusive bargaining representatives of covered FAA personnel,
shall establish an e-learning training pilot program in accordance with
the requirements of this section.
(b) Curriculum.--The pilot program shall--
(1) include a recurrent training curriculum for covered FAA
personnel to ensure that the covered FAA personnel receive
instruction on the latest aviation technologies, processes, and
procedures;
(2) focus on providing specialized technical training for
covered FAA personnel, as determined necessary by the
Administrator;
(3) include training courses on applicable regulations of
the Federal Aviation Administration; and
(4) consider the efficacy of instructor-led online training.
[[Page 132 STAT. 3261]]
(c) Pilot Program Termination.--The pilot program shall terminate 1
year after the date of establishment of the pilot program.
(d) E-learning Training Program.--Upon termination of the pilot
program, the Administrator shall assess and establish or update an e-
learning training program that incorporates lessons learned for covered
FAA personnel as a result of the pilot program.
(e) Definitions.--In this section, the following definitions apply:
(1) Covered faa personnel.--The term ``covered FAA
personnel'' means airway transportation systems specialists and
aviation safety inspectors of the Federal Aviation
Administration.
(2) E-learning training.--The term ``e-learning training''
means learning utilizing electronic technologies to access
educational curriculum outside of a traditional classroom.
SEC. 303. <<NOTE: 49 USC 44701 note.>> SAFETY CRITICAL STAFFING.
(a) Update of FAA's Safety Critical Staffing Model.--Not later than
270 days after the date of enactment of this Act, the Administrator
shall update the safety critical staffing model of the Administration to
determine the number of aviation safety inspectors that will be needed
to fulfill the safety oversight mission of the Administration.
(b) Audit by DOT Inspector General.--
(1) In general.--Not later than 90 days after the date on
which the Administrator has updated the safety critical staffing
model under subsection (a), the Inspector General of the
Department of Transportation shall conduct an audit of the
staffing model.
(2) Contents.--The audit shall include, at a minimum--
(A) a review of the assumptions and methodologies
used in devising and implementing the staffing model to
assess the adequacy of the staffing model in predicting
the number of aviation safety inspectors needed--
(i) to properly fulfill the mission of the
Administration; and
(ii) to meet the future growth of the aviation
industry; and
(B) a determination on whether the staffing model
takes into account the Administration's authority to
fully utilize designees.
(3) Report on audit.--
(A) Report to secretary.--Not later than 30 days
after the date of completion of the audit, the Inspector
General shall submit to the Secretary a report on the
results of the audit.
(B) Report to congress.--Not later than 60 days
after the date of receipt of the report, the Secretary
shall submit to the appropriate committees of Congress a
copy of the report, together with, if appropriate, a
description of any actions taken or to be taken to
address the results of the audit.
SEC. 304. <<NOTE: 49 USC 40104 note.>> INTERNATIONAL EFFORTS
REGARDING TRACKING OF CIVIL AIRCRAFT.
The Administrator shall exercise leadership on creating a global
approach to improving aircraft tracking by working with--
[[Page 132 STAT. 3262]]
(1) foreign counterparts of the Administrator in the
International Civil Aviation Organization and its subsidiary
organizations;
(2) other international organizations and fora; and
(3) the private sector.
SEC. 305. AIRCRAFT DATA ACCESS AND RETRIEVAL SYSTEMS.
(a) Assessment.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall initiate an assessment of aircraft
data access and retrieval systems for part 121 air carrier aircraft that
are used in extended overwater operations to--
(1) determine if the systems provide improved access and
retrieval of aircraft data and cockpit voice recordings in the
event of an aircraft accident; and
(2) assess the cost effectiveness of each system assessed.
(b) Systems To Be Examined.--The systems to be examined under this
section shall include, at a minimum--
(1) various methods for improving detection and retrieval of
flight data, including--
(A) low-frequency underwater locating devices; and
(B) extended battery life for underwater locating
devices;
(2) automatic deployable flight recorders;
(3) emergency locator transmitters;
(4) triggered transmission of flight data and other
satellite-based solutions;
(5) distress-mode tracking; and
(6) protections against disabling flight recorder systems.
(c) Report.--Not later than 1 year after the date of initiation of
the assessment, the Administrator shall submit to the appropriate
committees of Congress a report on the results of the assessment.
(d) Part 121 Air Carrier Defined.--In this section, the term ``part
121 air carrier'' means an air carrier with authority to conduct
operations under part 121 of title 14, Code of Federal Regulations.
SEC. 306. ADVANCED COCKPIT DISPLAYS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall initiate a review of heads-up
display systems, heads-down display systems employing synthetic vision
systems, and enhanced vision systems (in this section referred to as
``HUD systems'', ``SVS'', and ``EVS'', respectively).
(b) Contents.--The review shall--
(1) evaluate the impacts of single- and dual-installed HUD
systems, SVS, and EVS on the safety and efficiency of aircraft
operations within the national airspace system; and
(2) review a sufficient quantity of commercial aviation
accidents or incidents in order to evaluate if HUD systems, SVS,
or EVS would have produced a better outcome in each accident or
incident.
(c) Consultation.--In conducting the review, the Administrator shall
consult with aviation manufacturers, representatives of pilot groups,
aviation safety organizations, and any government agencies the
Administrator considers appropriate.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report containing the results of the review,
[[Page 132 STAT. 3263]]
the actions the Administrator plans to take with respect to the systems
reviewed, and the associated timeline for such actions.
SEC. 307. <<NOTE: 49 USC 44701 note.>> EMERGENCY MEDICAL
EQUIPMENT ON PASSENGER AIRCRAFT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall evaluate and revise, as
appropriate, regulations in part 121 of title 14, Code of Federal
Regulations, regarding emergency medical equipment, including the
contents of first-aid kits, applicable to all certificate holders
operating passenger aircraft under that part.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider whether the minimum contents of approved
emergency medical kits, including approved first-aid kits, include
appropriate medications and equipment to meet the emergency medical
needs of children and pregnant women.
SEC. 308. <<NOTE: 49 USC 44701 note.>> FAA AND NTSB REVIEW OF
GENERAL AVIATION SAFETY.
(a) Study Required.--Not later than 30 days after the date of
enactment of this Act, the Administrator, in coordination with the
Chairman of the National Transportation Safety Board, shall initiate a
study of general aviation safety.
(b) Study Contents.--The study required under subsection (a) shall
include--
(1) a review of all general aviation accidents since 2000,
including a review of--
(A) the number of such accidents;
(B) the number of injuries and fatalities, including
with respect to both occupants of aircraft and
individuals on the ground, as a result of such
accidents;
(C) the number of such accidents investigated by the
National Transportation Safety Board;
(D) the number of such accidents investigated by the
FAA; and
(E) a summary of the factual findings and probable
cause determinations with respect to such accidents;
(2) an assessment of the most common probable cause
determinations issued for general aviation accidents since 2000;
(3) an assessment of the most common facts analyzed by the
FAA and the National Transportation Safety Board in the course
of investigations of general aviation accidents since 2000,
including operational details;
(4) a review of the safety recommendations of the National
Transportation Safety Board related to general aviation
accidents since 2000;
(5) an assessment of the responses of the FAA and the
general aviation community to the safety recommendations of the
National Transportation Safety Board related to general aviation
accidents since 2000;
(6) an assessment of the most common general aviation safety
issues;
(7) a review of the total costs to the Federal Government to
conduct investigations of general aviation accidents over the
last 10 years; and
(8) other matters the Administrator or the Chairman
considers appropriate.
(c) Recommendations and Actions To Address General Aviation
Safety.--Based on the results of the study required under
[[Page 132 STAT. 3264]]
subsection (a), the Administrator, in consultation with the Chairman,
shall make such recommendations, including with respect to regulations
and enforcement activities, as the Administrator considers necessary
to--
(1) address general aviation safety issues identified under
the study;
(2) protect persons and property on the ground; and
(3) improve the safety of general aviation operators in the
United States.
(d) Authority.--Notwithstanding any other provision of law, the
Administrator shall have the authority to undertake actions to address
the recommendations made under subsection (c).
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the study required under
subsection (a), including the recommendations described in subsection
(c).
(f) General Aviation Defined.--In this section, the term ``general
aviation'' means aircraft operation for personal, recreational, or other
noncommercial purposes.
SEC. 309. CALL TO ACTION AIRLINE ENGINE SAFETY REVIEW.
(a) Call to Action Airline Engine Safety Review.--Not later than 90
days after the date of enactment of this Act, the Administrator shall
initiate a Call to Action safety review on airline engine safety in
order to bring stakeholders together to share best practices and
implement actions to address airline engine safety.
(b) Contents.--The Call to Action safety review required pursuant to
subsection (a) shall include--
(1) a review of Administration regulations, guidance, and
directives related to airline engines during design and
production, including the oversight of those processes;
(2) a review of Administration regulations, guidance, and
directives related to airline engine operation and maintenance
and the oversight of those processes;
(3) a review of reportable accidents and incidents involving
airline engines during calendar years 2014 through 2018,
including any identified contributing factors to the reportable
accident or incident; and
(4) a process for stakeholders, including inspectors,
manufacturers, maintenance providers, airlines, labor, and
aviation safety experts, to provide feedback and share best
practices.
(c) Report and Recommendations.--Not later than 90 days after the
conclusion of the Call to Action safety review pursuant to subsection
(a), the Administrator shall submit to the appropriate committees of
Congress a report on the results of the review and any recommendations
for actions or best practices to improve airline engine safety.
SEC. 310. SENSE OF CONGRESS ON ACCESS TO AIR CARRIER FLIGHT DECKS.
It is the sense of Congress that the Administrator should
collaborate with other aviation authorities to advance a global standard
for access to air carrier flight decks and redundancy requirements
consistent with the flight deck access and redundancy requirements in
the United States.
[[Page 132 STAT. 3265]]
SEC. 311. PART 135 ACCIDENT AND INCIDENT DATA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall--
(1) determine, in collaboration with the National
Transportation Safety Board and part 135 industry stakeholders,
what, if any, additional data should be reported as part of an
accident or incident notice--
(A) to more accurately measure the safety of on-
demand part 135 aircraft activity;
(B) to pinpoint safety problems; and
(C) to form the basis for critical research and
analysis of general aviation issues; and
(2) provide a briefing to the appropriate committees of
Congress on the findings under paragraph (1), including a
description of any additional data to be collected, a timeframe
for implementing the additional data collection, and any
potential obstacles to implementation.
(b) Definition of Part 135.--In this section, the term ``part 135''
means part 135 of title 14, Code of Federal Regulations.
SEC. 312. SENSE OF CONGRESS; PILOT IN COMMAND AUTHORITY.
It is the sense of Congress that the pilot in command of an aircraft
is directly responsible for, and is the final authority as to, the
operation of that aircraft, as set forth in section 91.3(a) of title 14,
Code of Federal Regulations (or any successor regulation thereto).
SEC. 313. REPORT ON CONSPICUITY NEEDS FOR SURFACE VEHICLES
OPERATING ON THE AIRSIDE OF AIR CARRIER
SERVED AIRPORTS.
(a) Study Required.--The Administrator shall carry out a study on
the need for the FAA to prescribe conspicuity standards for surface
vehicles operating on the airside of the categories of airports that air
carriers serve as specified in subsection (b).
(b) Covered Airports.--The study required by subsection (a) shall
cover, at a minimum, 1 large hub airport, 1 medium hub airport, and 1
small hub airport, as those terms are defined in section 40102 of title
49, United States Code.
(c) Report to Congress.--Not later than July 1, 2019, the
Administrator shall submit to the appropriate committees of Congress a
report setting forth the results of the study required by subsection
(a), including such recommendations as the Administrator considers
appropriate regarding the need for the Administration to prescribe
conspicuity standards as described in subsection (a).
SEC. 314. HELICOPTER AIR AMBULANCE OPERATIONS DATA AND REPORTS.
(a) <<NOTE: 49 USC 44731 note.>> In General.--Not later than 1 year
after the date of enactment of this Act, the Administrator, in
collaboration with helicopter air ambulance industry stakeholders, shall
assess the availability of information to the general public related to
the location of heliports and helipads used by helicopters providing air
ambulance services, including helipads and helipads outside of those
listed as part of any existing databases of Airport Master Record (5010)
forms.
(b) <<NOTE: 49 USC 44731 note.>> Requirements.--Based on the
assessment under subsection (a), the Administrator shall--
[[Page 132 STAT. 3266]]
(1) update, as necessary, any existing guidance on what
information is included in the current databases of Airport
Master Record (5010) forms to include information related to
heliports and helipads used by helicopters providing air
ambulance services; or
(2) develop, as appropriate and in collaboration with
helicopter air ambulance industry stakeholders, a new database
of heliports and helipads used by helicopters providing air
ambulance services.
(c) <<NOTE: 49 USC 44731 note.>> Reports.--
(1) Assessment report.--Not later than 30 days after the
date the assessment under subsection (a) is complete, the
Administrator shall submit to the appropriate committees of
Congress a report on the assessment, including any
recommendations on how to make information related to the
location of heliports and helipads used by helicopters providing
air ambulance services available to the general public.
(2) Implementation report.--Not later than 30 days after
completing action under paragraph (1) or paragraph (2) of
subsection (b), the Administrator shall submit to the
appropriate committees of Congress a report on such action.
(d) Incident and Accident Data.--Section 44731 of title 49, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``not later than 1 year after the date of
enactment of this section, and annually thereafter'' and
inserting ``annually'';
(B) in paragraph (2), by striking ``flights and
hours flown, by registration number, during which
helicopters operated by the certificate holder were
providing helicopter air ambulance services'' and
inserting ``hours flown by the helicopters operated by
the certificate holder'';
(C) in paragraph (3)--
(i) by striking ``of flight'' and inserting
``of patients transported and the number of
patient transport'';
(ii) by inserting ``or'' after ``interfacility
transport,''; and
(iii) by striking ``, or ferry or
repositioning flight'';
(D) in paragraph (5)--
(i) by striking ``flights and''; and
(ii) by striking ``while providing air
ambulance services''; and
(E) by amending paragraph (6) to read as follows:
``(6) The number of hours flown at night by helicopters
operated by the certificate holder.'';
(2) in subsection (d)--
(A) by striking ``Not later than 2 years after the
date of enactment of this section, and annually
thereafter, the Administrator shall submit'' and
inserting ``The Administrator shall submit annually'';
and
(B) by adding at the end the following: ``The report
shall include the number of accidents experienced by
helicopter air ambulance operations, the number of fatal
accidents experienced by helicopter air ambulance
operations, and the rate, per 100,000 flight hours, of
accidents and fatal accidents experienced by operators
providing helicopter air ambulance services.'';
[[Page 132 STAT. 3267]]
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting after subsection (d) the following:
``(e) Implementation.--In carrying out this section, the
Administrator, in collaboration with part 135 certificate holders
providing helicopter air ambulance services, shall--
``(1) propose and develop a method to collect and store the
data submitted under subsection (a), including a method to
protect the confidentiality of any trade secret or proprietary
information submitted; and
``(2) ensure that the database under subsection (c) and the
report under subsection (d) include data and analysis that will
best inform efforts to improve the safety of helicopter air
ambulance operations.''.
SEC. 315. <<NOTE: 49 USC 44701 note.>> AVIATION RULEMAKING
COMMITTEE FOR PART 135 PILOT REST AND DUTY
RULES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall convene an aviation rulemaking
committee to review, and develop findings and recommendations regarding,
pilot rest and duty rules under part 135 of title 14, Code of Federal
Regulations.
(b) Duties.--The Administrator shall--
(1) not later than 2 years after the date of enactment of
this Act, submit to the appropriate committees of Congress a
report based on the findings of the aviation rulemaking
committee; and
(2) not later than 1 year after the date of submission of
the report under paragraph (1), issue a notice of proposed
rulemaking based on any consensus recommendations reached by the
aviation rulemaking committee.
(c) Composition.--The aviation rulemaking committee shall consist of
members appointed by the Administrator, including--
(1) representatives of industry;
(2) representatives of aviation labor organizations,
including collective bargaining units representing pilots who
are covered by part 135 of title 14, Code of Federal
Regulations, and subpart K of part 91 of such title; and
(3) aviation safety experts with specific knowledge of
flight crewmember education and training requirements under part
135 of such title.
(d) Considerations.--The Administrator shall direct the aviation
rulemaking committee to consider--
(1) recommendations of prior part 135 rulemaking committees;
(2) accommodations necessary for small businesses;
(3) scientific data derived from aviation-related fatigue
and sleep research;
(4) data gathered from aviation safety reporting programs;
(5) the need to accommodate the diversity of operations
conducted under part 135, including the unique duty and rest
time requirements of air ambulance pilots; and
(6) other items, as appropriate.
SEC. 316. REPORT ON OBSOLETE TEST EQUIPMENT.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the National Test Equipment Program of the FAA
(in this section referred to as the ``Program'').
[[Page 132 STAT. 3268]]
(b) Contents.--The report shall include--
(1) a list of all known outstanding requests for test
equipment, cataloged by type and location, under the Program;
(2) a description of the current method under the Program of
ensuring calibrated equipment is in place for utilization;
(3) a plan by the Administrator for appropriate inventory of
such equipment;
(4) the Administrator's recommendations for increasing
multifunctionality in future test equipment and all known and
foreseeable manufacturer technological advances; and
(5) a plan to replace, as appropriate, obsolete test
equipment throughout the service areas.
SEC. 317. HELICOPTER FUEL SYSTEM SAFETY.
(a) In General.--Chapter 447 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 44737. <<NOTE: 49 USC 44737.>> Helicopter fuel system
safety
``(a) Prohibition.--
``(1) In general.--A person may not operate a covered
rotorcraft in United States airspace unless the design of the
rotorcraft is certified by the Administrator of the Federal
Aviation Administration to--
``(A) comply with the requirements applicable to the
category of the rotorcraft under paragraphs (1), (2),
(3), (5), and (6) of section 27.952(a), section
27.952(c), section 27.952(f), section 27.952(g), section
27.963(g) (but allowing for a minimum puncture force of
250 pounds if successfully drop tested in-structure),
and section 27.975(b) or paragraphs (1), (2), (3), (5),
and (6) of section 29.952(a), section 29.952(c), section
29.952(f), section 29.952(g), section 29.963(b) (but
allowing for a minimum puncture force of 250 pounds if
successfully drop tested in-structure), and 29.975(a)(7)
of title 14, Code of Federal Regulations, as in effect
on the date of enactment of this section; or
``(B) employ other means acceptable to the
Administrator to provide an equivalent level of fuel
system crash resistance.
``(2) Covered rotorcraft defined.--In this subsection, the
term `covered rotorcraft' means a rotorcraft not otherwise
required to comply with section 27.952, section 27.963, and
section 27.975, or section 29.952, section 29.963, and section
29.975 of title 14, Code of Federal Regulations as in effect on
the date of enactment of this section for which manufacture was
completed, as determined by the Administrator, on or after the
date that is 18 months after the date of enactment of this
section.
``(b) Administrative Provisions.--The Administrator shall--
``(1) expedite the certification and validation of United
States and foreign type designs and retrofit kits that improve
fuel system crashworthiness; and
``(2) not later than 180 days after the date of enactment of
this section, and periodically thereafter, issue a bulletin to--
``(A) inform rotorcraft owners and operators of
available modifications to improve fuel system
crashworthiness; and
[[Page 132 STAT. 3269]]
``(B) urge that such modifications be installed as
soon as practicable.
``(c) Rule of Construction.--Nothing in this section may be
construed to affect the operation of a rotorcraft by the Department of
Defense.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, <<NOTE: 49 USC 44701 prec.>> is amended by adding
at the end the following:
``44737. Helicopter fuel system safety.''.
SEC. 318. <<NOTE: Commercial Balloon Pilot Safety Act of 2018.>>
APPLICABILITY OF MEDICAL CERTIFICATION
STANDARDS TO OPERATORS OF AIR BALLOONS.
(a) <<NOTE: 49 USC 449703 note.>> Short Title.--This section may be
cited as the ``Commercial Balloon Pilot Safety Act of 2018''.
(b) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall revise section 61.3(c) of title 14,
Code of Federal Regulations (relating to second-class medical
certificates), to apply to an operator of an air balloon to the same
extent such regulations apply to a pilot flight crewmember of other
aircraft.
(c) Air Balloon Defined.--In this section, the term ``air balloon''
has the meaning given the term ``balloon'' in section 1.1 of title 14,
Code of Federal Regulations (or any corresponding similar regulation or
ruling).
SEC. 319. <<NOTE: 49 USC 449703 note.>> DESIGNATED PILOT EXAMINER
REFORMS.
(a) 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 designated pilot examiners appointed under section 183.23 of
title 14, Code of Federal Regulations. The Committee shall focus on the
processes and requirements by which the FAA selects, trains, and deploys
individuals as designated pilot examiners, and provide recommendations
with respect to the regulatory and policy changes necessary to ensure an
adequate number of designated pilot examiners are deployed and available
to perform their duties. The Committee also shall make recommendations
with respect to the regulatory and policy changes if necessary to allow
a designated pilot examiner perform a daily limit of 3 new check rides
with no limit for partial check rides and to serve as a designed pilot
examiner without regard to any individual managing office.
(b) Action Based on Recommendations.--Not later than 1 year after
receiving recommendations under subsection (a), the Administrator shall
take such action as the Administrator considers appropriate with respect
to those recommendations.
SEC. 320. <<NOTE: 49 USC 44701 note.>> VOLUNTARY REPORTS OF
OPERATIONAL OR MAINTENANCE ISSUES RELATED
TO AVIATION SAFETY.
(a) In General.--There shall be a presumption that an individual's
voluntary report of an operational or maintenance issue related to
aviation safety under an aviation safety action program meets the
criteria for acceptance as a valid report under such program.
(b) Disclaimer Required.--Any dissemination, within the
participating organization, of a report that was submitted and accepted
under an aviation safety action program pursuant to the presumption
under subsection (a), but that has not undergone
[[Page 132 STAT. 3270]]
review by an event review committee, shall be accompanied by a
disclaimer stating that the report--
(1) has not been reviewed by an event review committee
tasked with reviewing such reports; and
(2) may subsequently be determined to be ineligible for
inclusion in the aviation safety action program.
(c) Rejection of Report.--
(1) In general.--A report described under subsection (a)
shall be rejected from an aviation safety action program if,
after a review of the report, an event review committee tasked
with reviewing such report, or the Federal Aviation
Administration member of the event review committee in the case
that the review committee does not reach consensus, determines
that the report fails to meet the criteria for acceptance under
such program.
(2) Protections.--In any case in which a report of an
individual described under subsection (a) is rejected under
paragraph (1)--
(A) the enforcement-related incentive offered to the
individual for making such a report shall not apply; and
(B) the protection from disclosure of the report
itself under section 40123 of title 49, United States
Code, shall not apply.
(3) Aviation safety action program defined.--In this
section, the term ``aviation safety action program'' means a
program established in accordance with Federal Aviation
Administration Advisory Circular 120-66B, issued November 15,
2002 (including any similar successor advisory circular), to
allow an individual to voluntarily disclose operational or
maintenance issues related to aviation safety.
SEC. 321. EVALUATION REGARDING ADDITIONAL GROUND BASED
TRANSMITTERS.
The Administrator shall conduct an evaluation of providing
additional ground based transmitters for Automatic Dependent
Surveillance-Broadcasts (ADS-B) to provide a minimum operational network
in Alaska along major flight routes.
SEC. 322. <<NOTE: 49 USC 44720 note.>> IMPROVED SAFETY IN RURAL
AREAS.
The Administrator shall permit an air carrier operating pursuant to
part 135 of title 14, Code of Federal Regulations, to operate to a
destination with a published approach, in a noncontiguous State under
instrument flight rules and conduct an instrument approach without a
destination Meteorological Aerodrome Report (METAR) if a current Area
Forecast, supplemented by noncertified local weather observations (such
as weather cameras and human observations) is available, and an
alternate airport that has a weather report is specified. The operator
shall have approved procedures for departure and en route weather
evaluation.
SEC. 323. EXIT ROWS.
(a) Review.--The Administrator shall conduct a review of current
safety procedures regarding unoccupied exit rows on a covered aircraft
in passenger air transportation during all stages of flight.
(b) Consultation.--In carrying out the review, the Administrator
shall consult with air carriers, aviation manufacturers, and labor
stakeholders.
[[Page 132 STAT. 3271]]
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the review.
(d) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means an aircraft operating under part 121 of title 14, Code
of Federal Regulations.
SEC. 324. COMPTROLLER GENERAL REPORT ON FAA ENFORCEMENT POLICY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall complete a study, and
report to the appropriate committees of Congress on the results thereof,
on the effectiveness of Order 8000.373, Federal Aviation Administration
Compliance Philosophy, announced on June 26, 2015. Such study shall
include information about--
(1) whether reports of safety incidents increased following
the order;
(2) whether reduced enforcement penalties increased the
overall number of safety incidents that occurred; and
(3) whether FAA enforcement staff registered complaints
about reduced enforcement reducing compliance with safety
regulations.
SEC. 325. ANNUAL SAFETY INCIDENT REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter for 5 years, the Administrator,
shall submit to the appropriate committees of Congress a report
regarding part 121 airline safety oversight.
(b) Contents.--The annual report shall include--
(1) a description of the Federal Aviation Administration's
safety oversight process to ensure the safety of the traveling
public;
(2) a description of risk-based oversight methods applied to
ensure aviation safety, including to specific issues addressed
in the year preceding the report that in the determination of
the Administrator address safety risk; and
(3) in the instance of specific reviews of air carrier
performance to safety regulations, a description of cases where
the timelines for recurrent reviews are advanced.
SEC. 326. <<NOTE: 49 USC 40101 note.>> AIRCRAFT AIR QUALITY.
(a) Educational Materials.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall, in consultation with
relevant stakeholders, establish and make available on a publicly
available Internet website of the Administration, educational materials
for flight attendants, pilots, and aircraft maintenance technicians on
how to respond to incidents on board aircraft involving smoke or fumes.
(b) Reporting of Incidents of Smoke or Fumes on Board Aircraft.--Not
later than 180 days after the date of enactment of this Act, the
Administrator shall, in consultation with relevant stakeholders, issue
guidance for flight attendants, pilots, and aircraft maintenance
technicians to report incidents of smoke or fumes on board an aircraft
operated by a commercial air carrier and with respect to the basis on
which commercial air carriers shall report such incidents through the
Service Difficulty Reporting System.
[[Page 132 STAT. 3272]]
(c) Research to Develop Techniques to Monitor Bleed Air Quality.--
Not later than 180 days after the date of enactment of this Act, the
Administrator shall commission a study by the Airliner Cabin Environment
Research Center of Excellence--
(1) to identify and measure the constituents and levels of
constituents resulting from bleed air in the cabins of a
representative set of commercial aircraft in operation of the
United States;
(2) to assess the potential health effects of such
constituents on passengers and cabin and flight deck crew;
(3) to identify technologies suitable to provide reliable
and accurate warning of bleed air contamination, including
technologies to effectively monitor the aircraft air supply
system when the aircraft is in flight; and
(4) to identify potential techniques to prevent fume events.
(d) Report Required.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the feasibility, efficacy, and cost-
effectiveness of certification and installation of systems to evaluate
bleed air quality.
(e) Pilot Program.--The FAA may conduct a pilot program to evaluate
the effectiveness of technologies identified in subsection (c).
SEC. 327. APPROACH CONTROL RADAR.
The Administrator shall--
(1) identify airports that are currently served by FAA
towers with nonradar approach and departure control (type 4
classification in the Federal Aviation Administration OPSNET);
and
(2) develop an implementation plan, which takes into account
budgetary and flight volume considerations, to provide an
airport identified under paragraph (1), if appropriate, with
approach control radar.
SEC. 328. REPORT ON AIRLINE AND PASSENGER SAFETY.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on airline and passenger safety.
(b) Contents.--The report required under subsection (a) shall
include--
(1) the average age of commercial aircraft owned and
operated by United States air carriers;
(2) the over-all use of planes, including average lifetime
of commercial aircraft;
(3) the number of hours aircraft are in flight over the life
of the aircraft and the average number of hours on domestic and
international flights, respectively;
(4) the impact of metal fatigue on aircraft usage and
safety;
(5) a review on contractor assisted maintenance of
commercial aircraft; and
(6) a re-evaluation of the rules on inspection of aging
airplanes.
SEC. 329. <<NOTE: 49 USC 40101 note.>> PERFORMANCE-BASED
STANDARDS.
The Administrator shall, to the maximum extent possible and
consistent with Federal law, and based on input by the public, ensure
that regulations, guidance, and policies issued by the FAA
[[Page 132 STAT. 3273]]
on and after the date of enactment of this Act are issued in the form of
performance-based standards, providing an equal or higher level of
safety.
SEC. 330. REPORT AND RECOMMENDATIONS ON CERTAIN AVIATION SAFETY
RISKS.
Not later than 1 year after the date of the enactment of this Act,
the Administrator shall submit to the appropriate committees of Congress
a report that--
(1) identifies safety risks associated with power outages at
airports caused by weather or other factors, and recommends
actions to improve resilience of aviation communication,
navigation, and surveillance systems in the event of such
outages; and
(2) reviews alerting mechanisms, devices, and procedures for
enhancing the situational awareness of pilots and air traffic
controllers in the event of a failure or an irregularity of
runway lights, and provides recommendations on the further
implementation of such mechanisms, devices, or procedures.
SEC. 331. REVIEW OF FAA'S AVIATION SAFETY INFORMATION ANALYSIS AND
SHARING SYSTEM.
(a) Audit by Department of Transportation Inspector General.--Not
later than 90 days after the date of enactment of this Act, the
inspector general of the Department of Transportation shall initiate a
follow-up review of the FAA's Aviation Safety Information Analysis and
Sharing (ASIAS) system to assess FAA's efforts and plans to improve the
system.
(b) Review.--The review shall include, at a minimum, an evaluation
of FAA's efforts to improve the ASIAS system's predictive capabilities
and solutions developed to more widely disseminate results of ASIAS data
analyses, as well as an update on previous inspector general
recommendations to improve this safety analysis and sharing system.
(c) Report.--The inspector general shall submit to the appropriate
committees of Congress a report on the results of the review carried out
under this section and any recommendations to improve FAA's ASIAS
system.
SEC. 332. <<NOTE: 49 USC 44706 note.>> AIRPORT RESCUE AND
FIREFIGHTING.
(a) Firefighting Foam.--Not later than 3 years after the date of
enactment of this Act, the Administrator, using the latest version of
National Fire Protection Association 403, ``Standard for Aircraft Rescue
and Fire-Fighting Services at Airports'', and in coordination with the
Administrator of the Environmental Protection Agency, aircraft
manufacturers and airports, shall not require the use of fluorinated
chemicals to meet the performance standards referenced in chapter 6 of
AC No: 150/5210-6D and acceptable under 139.319(l) of title 14, Code of
Federal Regulations.
(b) Training Facilities.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress--
(1) a report on the number and sufficiency of aircraft
rescue and firefighting training facilities in each FAA region;
and
(2) a plan, if appropriate, to address any coverage gaps
identified in the report.
[[Page 132 STAT. 3274]]
SEC. 333. <<NOTE: 49 USC 44701 note.>> SAFE AIR TRANSPORTATION OF
LITHIUM CELLS AND BATTERIES.
(a) Harmonization With ICAO Technical Instructions.--
(1) Adoption of icao instructions.--
(A) In general.--Pursuant to section 828 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44701
note), not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation
shall conform United States regulations on the air
transport of lithium cells and batteries with the
lithium cells and battery requirements in the 2015-2016
edition of the International Civil Aviation
Organization's (referred to in this subsection as
``ICAO'') Technical Instructions (to include all
addenda), including the revised standards adopted by
ICAO which became effective on April 1, 2016 and any
further revisions adopted by ICAO prior to the effective
date of the FAA Reauthorization Act of 2018.
(B) Further proceedings.--Beginning on the date the
revised regulations under subparagraph (A) are published
in the Federal Register, any lithium cell and battery
rulemaking action or update commenced on or after that
date shall continue to comply with the requirements
under section 828 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 44701 note).
(2) Review of other regulations.--Pursuant to section 828 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note), the Secretary of Transportation may initiate a review of
other existing regulations regarding the air transportation,
including passenger-carrying and cargo aircraft, of lithium
batteries and cells.
(b) Medical Device Batteries.--
(1) In general.--For United States applicants, the Secretary
of Transportation shall consider and either grant or deny, not
later than 45 days after receipt of an application, an
application submitted in compliance with part 107 of title 49,
Code of Federal Regulations, for special permits or approvals
for air transportation of lithium ion cells or batteries
specifically used by medical devices. Not later than 30 days
after the date of application, the Pipeline and Hazardous
Materials Safety Administration shall provide a draft special
permit to the Federal Aviation Administration based on the
application. The Federal Aviation Administration shall conduct
an on-site inspection for issuance of the special permit not
later than 20 days after the date of receipt of the draft
special permit from the Pipeline and Hazardous Materials Safety
Administration.
(2) Limited exceptions to restrictions on air transportation
of medical device batteries.--The Secretary shall issue limited
exceptions to the restrictions on transportation of lithium ion
and lithium metal batteries to allow the shipment on a passenger
aircraft of not more than 2 replacement batteries specifically
used for a medical device if--
(A) the intended destination of the batteries is not
serviced daily by cargo aircraft if a battery is
required for medically necessary care; and
(B) with regard to a shipper of lithium ion or
lithium metal batteries for medical devices that cannot
comply
[[Page 132 STAT. 3275]]
with a charge limitation in place at the time, each
battery is--
(i) individually packed in an inner packaging
that completely encloses the battery;
(ii) placed in a rigid outer packaging; and
(iii) protected to prevent a short circuit.
(3) Medial device defined.--ln this subsection, the term
``medical device'' means an instrument, apparatus, implement,
machine, contrivance, implant, or in vitro reagent, including
any component, part, or accessory thereof, which is intended for
use in the diagnosis of disease or other conditions, or in the
cure, mitigation, treatment, or prevention of disease, of a
person.
(4) Savings clause.--Nothing in this subsection shall be
construed as expanding or constricting any other authority the
Secretary of Transportation has under section 828 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44701 note).
(c) Lithium Battery Safety Working Group.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a lithium battery safety working group (referred to as
the ``working group'' in this section) to promote and coordinate
efforts related to the promotion of the safe manufacture, use,
and transportation of lithium batteries and cells.
(2) Duties.--The working group shall coordinate and
facilitate the transfer of knowledge and expertise among the
following Federal agencies:
(A) The Department of Transportation.
(B) The Consumer Product Safety Commission.
(C) The National Institute on Standards and
Technology.
(D) The Food and Drug Administration.
(3) Members.--The Secretary shall appoint not more than 8
members to the working group with expertise in the safe
manufacture, use, or transportation of lithium batteries and
cells.
(4) Subcommittees.--The Secretary, or members of the working
group, may--
(A) establish working group subcommittees to focus
on specific issues related to the safe manufacture, use,
or transportation of lithium batteries and cells; and
(B) include in a subcommittee the participation of
nonmember stakeholders with expertise in areas that the
Secretary or members consider necessary.
(5) Report.--Not later than 1 year after the date it is
established, the working group shall--
(A) identify and assess--
(i) additional ways to decrease the risk of
fires and explosions from lithium batteries and
cells;
(ii) additional ways to ensure uniform
transportation requirements for both bulk and
individual batteries; and
(iii) new or existing technologies that may
reduce the fire and explosion risk of lithium
batteries and cells; and
[[Page 132 STAT. 3276]]
(B) transmit to the appropriate committees of
Congress a report on the assessments conducted under
subparagraph (A), including any legislative
recommendations to effectuate the safety improvements
described in clauses (i) through (iii) of that
subparagraph.
(6) Termination.--The working group, and any working group
subcommittees, shall terminate 90 days after the date the report
is transmitted under paragraph (5).
(d) Lithium Battery Air Safety Advisory Committee.--
(1) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish, in
accordance with the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.), a lithium ion and lithium metal
battery air safety advisory committee (in this subsection
referred to as the ``Committee'').
(2) Duties.--The Committee shall--
(A) facilitate communication between manufacturers
of lithium ion and lithium metal cells and batteries,
manufacturers of products incorporating both large and
small lithium ion and lithium metal batteries, air
carriers, and the Federal Government regarding the safe
air transportation of lithium ion and lithium metal
cells and batteries and the effectiveness and economic
and social impacts of the regulation of such
transportation;
(B) provide the Secretary, the Federal Aviation
Administration, and the Pipeline and Hazardous Materials
Safety Administration with timely information about new
lithium ion and lithium metal battery technology and
transportation safety practices and methodologies;
(C) provide a forum for the Secretary to provide
information on and to discuss the activities of the
Department of Transportation relating to lithium ion and
lithium metal battery transportation safety, the
policies underlying the activities, and positions to be
advocated in international forums;
(D) provide a forum for the Secretary to provide
information and receive advice on--
(i) activities carried out throughout the
world to communicate and enforce relevant United
States regulations and the ICAO Technical
Instructions; and
(ii) the effectiveness of the activities;
(E) provide advice and recommendations to the
Secretary with respect to lithium ion and lithium metal
battery air transportation safety, including how best to
implement activities to increase awareness of relevant
requirements and their importance to travelers and
shippers; and
(F) review methods to decrease the risk posed by air
shipment of undeclared hazardous materials and efforts
to educate those who prepare and offer hazardous
materials for shipment via air transport.
(3) Membership.--The Committee shall be composed of the
following members:
(A) Individuals appointed by the Secretary to
represent--
(i) large volume manufacturers of lithium ion
and lithium metal cells and batteries;
[[Page 132 STAT. 3277]]
(ii) domestic manufacturers of lithium ion and
lithium metal batteries or battery packs;
(iii) manufacturers of consumer products
powered by lithium ion and lithium metal
batteries;
(iv) manufacturers of vehicles powered by
lithium ion and lithium metal batteries;
(v) marketers of products powered by lithium
ion and lithium metal batteries;
(vi) cargo air service providers based in the
United States;
(vii) passenger air service providers based in
the United States;
(viii) pilots and employees of air service
providers described in clauses (vi) and (vii);
(ix) shippers of lithium ion and lithium metal
batteries for air transportation;
(x) manufacturers of battery-powered medical
devices or batteries used in medical devices; and
(xi) employees of the Department of
Transportation, including employees of the Federal
Aviation Administration and the Pipeline and
Hazardous Materials Safety Administration.
(B) Representatives of such other Government
departments and agencies as the Secretary determines
appropriate.
(C) Any other individuals the Secretary determines
are appropriate to comply with Federal law.
(4) Report.--
(A) In general.--Not later than 180 days after the
establishment of the Committee, the Committee shall
submit to the Secretary and the appropriate committees
of Congress a report that--
(i) describes and evaluates the steps being
taken in the private sector and by international
regulatory authorities to implement and enforce
requirements relating to the safe transportation
by air of bulk shipments of lithium ion cells and
batteries; and
(ii) identifies any areas of enforcement or
regulatory requirements for which there is
consensus that greater attention is needed.
(B) Independent statements.--Each member of the
Committee shall be provided an opportunity to submit an
independent statement of views with the report submitted
pursuant to subparagraph (A).
(5) Meetings.--
(A) In general.--The Committee shall meet at the
direction of the Secretary and at least twice a year.
(B) Preparation for icao meetings.--Notwithstanding
subparagraph (A), the Secretary shall convene a meeting
of the Committee in connection with and in advance of
each meeting of the International Civil Aviation
Organization, or any of its panels or working groups,
addressing the safety of air transportation of lithium
ion and lithium metal batteries to brief Committee
members on positions to be taken by the United States at
such meeting and provide Committee members a meaningful
opportunity to comment.
[[Page 132 STAT. 3278]]
(6) Termination.--The Committee shall terminate on the date
that is 6 years after the date on which the Committee is
established.
(7) Termination of future of aviation advisory committee.--
The Future of Aviation Advisory Committee shall terminate on the
date on which the lithium ion battery air safety advisory
committee is established.
(e) Cooperative Efforts to Ensure Compliance With Safety
Regulations.--
(1) In general.--The Secretary of Transportation, in
coordination with appropriate Federal agencies, shall carry out
cooperative efforts to ensure that shippers who offer lithium
ion and lithium metal batteries for air transport to or from the
United States comply with U.S. Hazardous Materials Regulations
and ICAO Technical Instructions.
(2) Cooperative efforts.--The cooperative efforts the
Secretary shall carry out pursuant to paragraph (1) include the
following:
(A) Encouraging training programs at locations
outside the United States from which substantial cargo
shipments of lithium ion or lithium metal batteries
originate for manufacturers, freight forwarders, and
other shippers and potential shippers of lithium ion and
lithium metal batteries.
(B) Working with Federal, regional, and
international transportation agencies to ensure
enforcement of U.S. Hazardous Materials Regulations and
ICAO Technical Instructions with respect to shippers who
offer noncompliant shipments of lithium ion and lithium
metal batteries.
(C) Sharing information, as appropriate, with
Federal, regional, and international transportation
agencies regarding noncompliant shipments.
(D) Pursuing a joint effort with the international
aviation community to develop a process to obtain
assurances that appropriate enforcement actions are
taken to reduce the likelihood of noncompliant
shipments, especially with respect to jurisdictions in
which enforcement activities historically have been
limited.
(E) Providing information in brochures and on the
internet in appropriate foreign languages and dialects
that describes the actions required to comply with U.S.
Hazardous Materials Regulations and ICAO Technical
Instructions.
(F) Developing joint efforts with the international
aviation community to promote a better understanding of
the requirements of and methods of compliance with U.S.
Hazardous Materials Regulations and ICAO Technical
Instructions.
(3) Reporting.--Not later than 120 days after the date of
enactment of this Act, and annually thereafter for 2 years, the
Secretary shall submit to the appropriate committees of Congress
a report on compliance with the policy set forth in subsection
(e) and the cooperative efforts carried out, or planned to be
carried out, under this subsection.
(f) Packaging Improvements.--Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with interested
stakeholders, shall submit to the appropriate committees of Congress an
evaluation of current practices for the
[[Page 132 STAT. 3279]]
packaging of lithium ion batteries and cells for air transportation,
including recommendations, if any, to improve the packaging of such
batteries and cells for air transportation in a safe, efficient, and
cost-effective manner.
(g) Department of Transportation Policy on International
Representation.--
(1) In general.--It shall be the policy of the Department of
Transportation to support the participation of industry and
labor stakeholders in all panels and working groups of the
dangerous goods panel of the ICAO and any other international
test or standard setting organization that considers proposals
on the safety or transportation of lithium ion and lithium metal
batteries in which the United States participates.
(2) Participation.--The Secretary of Transportation shall
request that as part of the ICAO deliberations in the dangerous
goods panel on these issues, that appropriate experts on issues
under consideration be allowed to participate.
(h) Definitions.--In this section, the following definitions apply:
(1) ICAO technical instructions.--The term ``ICAO Technical
Instructions'' has the meaning given that term in section 828(c)
of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note).
(2) U.S. hazardous materials regulations.--The term ``U.S.
Hazardous Materials Regulations'' means the regulations in parts
100 through 177 of title 49, Code of Federal Regulations
(including amendments adopted after the date of enactment of
this Act).
SEC. 334. RUNWAY SAFETY.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on improving runway safety.
(b) Contents.--In the report required under this section, the
Administrator shall--
(1) review the relative benefits and risks of requiring the
use of runway awareness and advisory systems in turbine-powered
airplanes with a maximum takeoff weight greater than 19,000
pounds;
(2) review systems capable of detecting wrong-surface
alignment to determine whether the capability exists to detect
imminent wrong-surface landings at each airport where such a
system is in use;
(3) describe information gathered from the use of the
Airport Surface Surveillance Capability system at San Francisco
International Airport since July 2017;
(4) assess available technologies to determine whether it is
feasible, cost-effective, and appropriate to install and deploy,
at any airport, systems to provide a direct warning capability
to flight crews or air traffic controllers, or both, of
potential runway incursions; and
(5) describe FAA efforts to develop metrics that would allow
the FAA to determine whether runway incursions are increasing
and to assess the effectiveness of implemented runway safety
initiatives.
[[Page 132 STAT. 3280]]
(c) Consultation.--The Administrator shall consult with the National
Transportation Safety Board in developing the report required under this
section.
SEC. 335. <<NOTE: 49 USC 44701 note.>> FLIGHT ATTENDANT DUTY
PERIOD LIMITATIONS AND REST REQUIREMENTS.
(a) Modification of Final Rule.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
modify the final rule of the Federal Aviation Administration
published in the Federal Register on August 19, 1994 (59 Fed.
Reg. 42974; relating to flight attendant duty period limitations
and rest requirements) in accordance with the requirements of
this subsection.
(2) Contents.--The final rule, as modified under paragraph
(1), shall ensure that--
(A) a flight attendant scheduled to a duty period of
14 hours or less is given a scheduled rest period of at
least 10 consecutive hours; and
(B) the rest period is not reduced under any
circumstances.
(b) Fatigue Risk Management Plan.--
(1) Submission of plan by part 121 air carriers.--Not later
than 90 days after the date of enactment of this Act, each air
carrier operating under part 121 of title 14, Code of Federal
Regulations (in this section referred to as a ``part 121 air
carrier''), shall submit to the Administrator of the Federal
Aviation Administration for review and acceptance a fatigue risk
management plan for the carrier's flight attendants.
(2) Contents of plan.--A fatigue risk management plan
submitted by a part 121 air carrier under paragraph (1) shall
include the following:
(A) Current flight time and duty period limitations.
(B) A rest scheme consistent with such limitations
that enables the management of flight attendant fatigue,
including annual training to increase awareness of--
(i) fatigue;
(ii) the effects of fatigue on flight
attendants; and
(iii) fatigue countermeasures.
(C) Development and use of a methodology that
continually assesses the effectiveness of implementation
of the plan, including the ability of the plan--
(i) to improve alertness; and
(ii) to mitigate performance errors.
(3) Review.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall review and accept
or reject each fatigue risk management plan submitted under this
subsection. If the Administrator rejects a plan, the
Administrator shall provide suggested modifications for
resubmission of the plan.
(4) Plan updates.--
(A) In general.--A part 121 air carrier shall update
its fatigue risk management plan under paragraph (1)
every 2 years and submit the update to the Administrator
for review and acceptance.
(B) Review.--Not later than 1 year after the date of
submission of a plan update under subparagraph (A),
[[Page 132 STAT. 3281]]
the Administrator shall review and accept or reject the
update. If the Administrator rejects an update, the
Administrator shall provide suggested modifications for
resubmission of the update.
(5) Compliance.--A part 121 air carrier shall comply with
the fatigue risk management plan of the air carrier that is
accepted by the Administrator under this subsection.
(6) Civil penalties.--A violation of this subsection by a
part 121 air carrier shall be treated as a violation of chapter
447 of title 49, United States Code, for purposes of the
application of civil penalties under chapter 463 of that title.
SEC. 336. <<NOTE: Saracini Aviation Safety Act of 2018.>>
SECONDARY COCKPIT BARRIERS.
(a) <<NOTE: 49 USC 44903 note.>> Short Title.--This section may be
cited as the ``Saracini Aviation Safety Act of 2018''.
(b) Requirement.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue an order requiring installation of a
secondary cockpit barrier on each new aircraft that is manufactured for
delivery to a passenger air carrier in the United States operating under
the provisions of part 121 of title 14, Code of Federal Regulations.
SEC. 337. AIRCRAFT CABIN EVACUATION PROCEDURES.
(a) Review.--The Administrator of the Federal Aviation
Administration shall review--
(1) evacuation certification of transport-category aircraft
used in air transportation, with regard to--
(A) emergency conditions, including impacts into
water;
(B) crew procedures used for evacuations under
actual emergency conditions;
(C) any relevant changes to passenger demographics
and legal requirements, including the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), that
affect emergency evacuations; and
(D) any relevant changes to passenger seating
configurations, including changes to seat width,
padding, reclining, size, pitch, leg room, and aisle
width; and
(2) recent accidents and incidents in which passengers
evacuated such aircraft.
(b) Consultation; Review of Data.--In conducting the review under
subsection (a), the Administrator shall--
(1) consult with the National Transportation Safety Board,
transport-category aircraft manufacturers, air carriers, and
other relevant experts and Federal agencies, including groups
representing passengers, airline crew members, maintenance
employees, and emergency responders; and
(2) review relevant data with respect to evacuation
certification of transport-category aircraft.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the results of the review under
subsection (a) and related recommendations, if any, including
recommendations for revisions to the assumptions and methods used for
assessing evacuation certification of transport-category aircraft.
[[Page 132 STAT. 3282]]
SEC. 338. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each air carrier should have in place policies and
procedures to address sexual misconduct, including policies and
procedures to--
(B) facilitate the reporting of sexual misconduct to
appropriate law enforcement agencies;
(C) communicate to personnel and passengers of the
air carrier the rights of such individuals with respect
to sexual misconduct;
(D) train personnel of the air carrier to recognize
and respond appropriately to, and to notify the
appropriate law enforcement agency of, sexual
misconduct; and
(E) ensure other appropriate actions are undertaken
to respond effectively to sexual misconduct; and
(2) individuals who perpetrate sexual misconduct should be
held accountable under all applicable Federal and State laws.
SEC. 339. <<NOTE: 49 USC 44903 note.>> CIVIL PENALTIES FOR
INTERFERENCE.
(a) Interference With Cabin or Flight Crew.--Section 46318(a) of
title 49, United States Code, is amended--
(1) by inserting ``or sexually'' after ``physically'' each
place it appears; and
(2) by striking ``$25,000'' and inserting ``$35,000''.
SEC. 339A. NATIONAL IN-FLIGHT SEXUAL MISCONDUCT TASK FORCE.
(a) Establishment of Task Force.--The Secretary of Transportation
shall establish a task force, to be known as the ``National In-Flight
Sexual Misconduct Task Force'' (referred to in this section as ``Task
Force'') to--
(1) review current practices, protocols and requirements of
air carriers in responding to allegations of sexual misconduct
by passengers onboard aircraft, including training, reporting
and data collection; and
(2) provide recommendations on training, reporting and data
collection regarding allegations of sexual misconduct occurring
on passenger airline flights that are informed by the review of
information described in paragraph (1) and subsection (c)(5) on
passengers who have experienced sexual misconduct onboard
aircraft.
(b) Membership.--The Task Force shall be composed of, at a minimum,
representatives from--
(1) Department of Transportation;
(2) Department of Justice, including the Federal Bureau of
Investigation, Office of Victims for Crimes, and the Office on
Violence Against Women;
(3) National organizations that specialize in providing
services to sexual assault victims;
(4) labor organizations that represent flight attendants;
(5) labor organizations that represent pilots;
(6) airports;
(7) air carriers;
(8) State and local law enforcement agencies; and
(9) such other Federal agencies and stakeholder
organizations as the Secretary of Transportation considers
appropriate.
[[Page 132 STAT. 3283]]
(c) Purpose of Task Force.--The purpose of the Task Force shall be
to--
(1) issue recommendations for addressing allegations of
sexual misconduct by passengers onboard aircraft, including
airline employee and contractor training;
(2) issue recommendations on effective ways for passengers
involved in incidents of alleged sexual misconduct to report
such allegation of sexual misconduct;
(3) issue recommendations on how to most effectively provide
data on instances of alleged sexual misconduct onboard aircraft
and to whom the data collected should be reported in a manner
that protects the privacy and confidentiality of individuals
involved in incidents of alleged sexual misconduct and precludes
the release of data that publically identifies an individual air
carrier to enable better understanding of the frequency and
severity of such misconduct;
(4) issue recommendations for flight attendants, pilots, and
other appropriate airline personnel on law enforcement
notification in incidents of alleged sexual misconduct;
(5) review and utilize first-hand accounts from passengers
who have experienced sexual misconduct onboard aircraft; and
(6) other matters deemed necessary by the Task Force.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Task Force shall submit a report with its recommendations
and findings developed pursuant to subsection (c) to the Secretary of
Transportation.
(e) Plan.--Not later than 180 days after receiving the report
required under subsection (d) the Secretary of Transportation, in
coordination with relevant federal agencies, shall submit to appropriate
committees of Congress a plan to address the recommendations in the
report required under subsection (d). The Secretary of Transportation
shall make changes to guidance, policies and regulations, as necessary,
within 1 year of submitting the plan required in this subsection.
(f) Regulations.--Not later than 1 year after submitting the plan
required in this subsection, the Secretary of Transportation may issue
regulations as deemed necessary to require each air carrier and other
covered entity to develop a policy concerning sexual misconduct in
accordance with the recommendations and findings of the Task Force under
subsection (c).
(g) Sunset.--The Task Force established pursuant to subsection (a)
shall terminate upon the submission of the report pursuant to subsection
(d).
SEC. 339B. <<NOTE: 49 USC 44903 note.>> REPORTING PROCESS FOR
SEXUAL MISCONDUCT ONBOARD AIRCRAFT.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Attorney General, in coordination with
relevant Federal agencies, shall establish a streamlined process, based
on the plan required under section 339A(e) of this Act, for individuals
involved in incidents of alleged sexual misconduct onboard aircraft to
report such allegations of sexual misconduct to law enforcement in a
manner that protects the privacy and confidentiality of individuals
involved in such allegations.
(b) Availability of Reporting Process.--The process for reporting
established under subsection (a) shall be made available to the public
on the primary Internet websites of--
[[Page 132 STAT. 3284]]
(1) the Office for Victims of Crime and the Office on
Violence Against Women of the Department of Justice;
(2) the Federal Bureau of Investigation; and
(3) the Department of Transportation.
Subtitle B--Unmanned Aircraft Systems
SEC. 341. DEFINITIONS; INTEGRATION OF CIVIL UNMANNED AIRCRAFT
SYSTEMS INTO NATIONAL AIRSPACE SYSTEM.
(a) In General.--Part A of subtitle VII of title 49, United States
Code, <<NOTE: 49 USC 44801 prec.>> is amended by inserting after
chapter 447 the following:
``CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS
``Sec.
``44801. Definitions.
``44802. Integration of civil unmanned aircraft systems into national
airspace system.
``Sec. 44801. <<NOTE: 49 USC 44801.>> Definitions
``In this chapter, the following definitions apply:
``(1) Actively tethered unmanned aircraft system.--The term
`actively tethered unmanned aircraft system' means an unmanned
aircraft system in which the unmanned aircraft component--
``(A) weighs 4.4 pounds or less, including payload
but not including the tether;
``(B) is physically attached to a ground station
with a taut, appropriately load-rated tether that
provides continuous power to the unmanned aircraft and
is unlikely to be separated from the unmanned aircraft;
and
``(C) is controlled and retrieved by such ground
station through physical manipulation of the tether.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
``(3) Arctic.--The term `Arctic' means the United States
zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of
the Aleutian chain.
``(4) Certificate of waiver; certificate of authorization.--
The terms `certificate of waiver' and `certificate of
authorization' mean a Federal Aviation Administration grant of
approval for a specific flight operation.
``(5) Counter-UAS system.--The term `counter-UAS system'
means a system or device capable of lawfully and safely
disabling, disrupting, or seizing control of an unmanned
aircraft or unmanned aircraft system.
``(6) Permanent areas.--The term `permanent areas' means
areas on land or water that provide for launch, recovery, and
operation of small unmanned aircraft.
``(7) Public unmanned aircraft system.--The term `public
unmanned aircraft system' means an unmanned aircraft system
[[Page 132 STAT. 3285]]
that meets the qualifications and conditions required for
operation of a public aircraft.
``(8) Sense and avoid capability.--The term `sense and avoid
capability' means the capability of an unmanned aircraft to
remain a safe distance from and to avoid collisions with other
airborne aircraft, structures on the ground, and other objects.
``(9) Small unmanned aircraft.--The term `small unmanned
aircraft' means an unmanned aircraft weighing less than 55
pounds, including the weight of anything attached to or carried
by the aircraft.
``(10) Test range.--The term `test range' means a defined
geographic area where research and development are conducted as
authorized by the Administrator of the Federal Aviation
Administration, and includes any of the 6 test ranges
established by the Administrator under section 332(c) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as
in effect on the day before the date of enactment of the FAA
Reauthorization Act of 2018, and any public entity authorized by
the Federal Aviation Administration as an unmanned aircraft
system flight test center before January 1, 2009.
``(11) Unmanned aircraft.--The term `unmanned aircraft'
means an aircraft that is operated without the possibility of
direct human intervention from within or on the aircraft.
``(12) Unmanned aircraft system.--The term `unmanned
aircraft system' means an unmanned aircraft and associated
elements (including communication links and the components that
control the unmanned aircraft) that are required for the
operator to operate safely and efficiently in the national
airspace system.
``(13) UTM.--The term `UTM' means an unmanned aircraft
system traffic management system or service.
``Sec. 44802. <<NOTE: 49 USC 44802.>> Integration of civil
unmanned aircraft systems into national
airspace system
``(a) Required Planning for Integration.--
``(1) Comprehensive plan.--Not later than November 10, 2012,
the Secretary of Transportation, in consultation with
representatives of the aviation industry, Federal agencies that
employ unmanned aircraft systems technology in the national
airspace system, and the unmanned aircraft systems industry,
shall develop a comprehensive plan to safely accelerate the
integration of civil unmanned aircraft systems into the national
airspace system.
``(2) Contents of plan.--The plan required under paragraph
(1) shall contain, at a minimum, recommendations or projections
on--
``(A) the rulemaking to be conducted under
subsection (b), with specific recommendations on how the
rulemaking will--
``(i) define the acceptable standards for
operation and certification of civil unmanned
aircraft systems;
``(ii) ensure that any civil unmanned aircraft
system includes a sense-and-avoid capability; and
``(iii) establish standards and requirements
for the operator and pilot of a civil unmanned
aircraft system, including standards and
requirements for registration and licensing;
[[Page 132 STAT. 3286]]
``(B) the best methods to enhance the technologies
and subsystems necessary to achieve the safe and routine
operation of civil unmanned aircraft systems in the
national airspace system;
``(C) a phased-in approach to the integration of
civil unmanned aircraft systems into the national
airspace system;
``(D) a timeline for the phased-in approach
described under subparagraph (C);
``(E) creation of a safe airspace designation for
cooperative manned and unmanned flight operations in the
national airspace system;
``(F) establishment of a process to develop
certification, flight standards, and air traffic
requirements for civil unmanned aircraft systems at test
ranges where such systems are subject to testing;
``(G) the best methods to ensure the safe operation
of civil unmanned aircraft systems and public unmanned
aircraft systems simultaneously in the national airspace
system; and
``(H) incorporation of the plan into the annual
NextGen Implementation Plan document (or any successor
document) of the Federal Aviation Administration.
``(3) Deadline.--The plan required under paragraph (1) shall
provide for the safe integration of civil unmanned aircraft
systems into the national airspace system as soon as
practicable, but not later than September 30, 2015.
``(4) Report to congress.--Not later than February 14, 2013,
the Secretary shall submit to Congress a copy of the plan
required under paragraph (1).
``(5) Roadmap.--Not later than February 14, 2013, the
Secretary shall approve and make available in print and on the
Administration's internet website a 5-year roadmap for the
introduction of civil unmanned aircraft systems into the
national airspace system, as coordinated by the Unmanned
Aircraft Program Office of the Administration. The Secretary
shall update, in coordination with the Administrator of the
National Aeronautics and Space Administration (NASA) and
relevant stakeholders, including those in industry and academia,
the roadmap annually. The roadmap shall include, at a minimum--
``(A) cost estimates, planned schedules, and
performance benchmarks, including specific tasks,
milestones, and timelines, for unmanned aircraft systems
integration into the national airspace system, including
an identification of--
``(i) the role of the unmanned aircraft
systems test ranges established under subsection
(c) and the Unmanned Aircraft Systems Center of
Excellence;
``(ii) performance objectives for unmanned
aircraft systems that operate in the national
airspace system; and
``(iii) research and development priorities
for tools that could assist air traffic
controllers as unmanned aircraft systems are
integrated into the national airspace system, as
appropriate;
[[Page 132 STAT. 3287]]
``(B) a description of how the Administration plans
to use research and development, including research and
development conducted through NASA's Unmanned Aircraft
Systems Traffic Management initiatives, to accommodate,
integrate, and provide for the evolution of unmanned
aircraft systems in the national airspace system;
``(C) an assessment of critical performance
abilities necessary to integrate unmanned aircraft
systems into the national airspace system, and how these
performance abilities can be demonstrated; and
``(D) an update on the advancement of technologies
needed to integrate unmanned aircraft systems into the
national airspace system, including decisionmaking by
adaptive systems, such as sense-and-avoid capabilities
and cyber physical systems security.
``(b) Rulemaking.--Not later than 18 months after the date on which
the plan required under subsection (a)(1) is submitted to Congress under
subsection (a)(4), the Secretary shall publish in the Federal Register--
``(1) a final rule on small unmanned aircraft systems that
will allow for civil operation of such systems in the national
airspace system, to the extent the systems do not meet the
requirements for expedited operational authorization under
section 44807;
``(2) a notice of proposed rulemaking to implement the
recommendations of the plan required under subsection (a)(1),
with the final rule to be published not later than 16 months
after the date of publication of the notice; and
``(3) an update to the Administration's most recent policy
statement on unmanned aircraft systems, contained in Docket No.
FAA-2006-25714.''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters for subtitle
VII of title 49, United States Code, <<NOTE: 49 USC 44801
prec.>> is amended by inserting after the item relating to
chapter 447 the following:
``448 . Unmanned aircraft systems...............................44801''.
(2) Repeal.--Section 332 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note) and the item relating to that
section in the table of contents under section 1(b) of that Act
are repealed.
SEC. 342. <<NOTE: 49 USC 44802 note.>> UPDATE OF FAA
COMPREHENSIVE PLAN.
(a) In General.--Not later than 270 days after the date of enactment
of this Act, the Secretary of Transportation shall update the
comprehensive plan described in section 44802 of title 49, United States
Code, to develop a concept of operations for the integration of unmanned
aircraft into the national airspace system.
(b) Considerations.--In carrying out the update under subsection
(a), the Secretary shall consider, at a minimum--
(1) the potential use of UTM and other technologies to
ensure the safe and lawful operation of unmanned aircraft in the
national airspace system;
(2) the appropriate roles, responsibilities, and authorities
of government agencies and the private sector in identifying and
reporting unlawful or harmful operations and operators of
unmanned aircraft;
[[Page 132 STAT. 3288]]
(3) the use of models, threat assessments, probabilities,
and other methods to distinguish between lawful and unlawful
operations of unmanned aircraft; and
(4) appropriate systems, training, intergovernmental
processes, protocols, and procedures to mitigate risks and
hazards posed by unlawful or harmful operations of unmanned
aircraft systems.
(c) Consultation.--The Secretary shall carry out the update under
subsection (a) in consultation with representatives of the aviation
industry, Federal agencies that employ unmanned aircraft systems
technology in the national airspace system, and the unmanned aircraft
systems industry.
(d) Program Alignment Report.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress, a report that describes a strategy to--
(1) avoid duplication;
(2) leverage capabilities learned across programs;
(3) support the safe integration of UAS into the national
airspace; and
(4) systematically and timely implement or execute--
(A) commercially-operated Low Altitude Authorization
and Notification Capability;
(B) the Unmanned Aircraft System Integration Pilot
Program; and
(C) the Unmanned Traffic Management Pilot Program.
SEC. 343. UNMANNED AIRCRAFT TEST RANGES.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44803. <<NOTE: 49 USC 44803.>> Unmanned aircraft test
ranges
``(a) In General.--The Administrator of the Federal Aviation
Administration shall carry out and update, as appropriate, a program for
the use of the test ranges to facilitate the safe integration of
unmanned aircraft systems into the national airspace system.
``(b) Program Requirements.--In carrying out the program under
subsection (a), the Administrator shall--
``(1) designate airspace for safely testing the integration
of unmanned flight operations in the national airspace system;
``(2) develop operational standards and air traffic
requirements for unmanned flight operations at test ranges;
``(3) coordinate with, and leverage the resources of, the
National Aeronautics and Space Administration and the Department
of Defense;
``(4) address both civil and public unmanned aircraft
systems;
``(5) ensure that the program is coordinated with relevant
aspects of the Next Generation Air Transportation System;
``(6) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures as it relates
to continued development of standards for integration into the
national airspace system;
``(7) engage test range operators, as necessary and within
available resources, in projects for research, development,
[[Page 132 STAT. 3289]]
testing, and evaluation of unmanned aircraft systems to
facilitate the Federal Aviation Administration's development of
standards for the safe integration of unmanned aircraft into the
national airspace system, which may include solutions for--
``(A) developing and enforcing geographic and
altitude limitations;
``(B) providing for alerts by the manufacturer of an
unmanned aircraft system regarding any hazards or
limitations on flight, including prohibition on flight
as necessary;
``(C) sense and avoid capabilities;
``(D) beyond-visual-line-of-sight operations,
nighttime operations, operations over people, operation
of multiple small unmanned aircraft systems, and
unmanned aircraft systems traffic management, or other
critical research priorities; and
``(E) improving privacy protections through the use
of advances in unmanned aircraft systems technology;
``(8) coordinate periodically with all test range operators
to ensure test range operators know which data should be
collected, what procedures should be followed, and what research
would advance efforts to safely integrate unmanned aircraft
systems into the national airspace system;
``(9) streamline to the extent practicable the approval
process for test ranges when processing unmanned aircraft
certificates of waiver or authorization for operations at the
test sites;
``(10) require each test range operator to protect
proprietary technology, sensitive data, or sensitive research of
any civil or private entity when using that test range without
the need to obtain an experimental or special airworthiness
certificate;
``(11) allow test range operators to receive Federal
funding, other than from the Federal Aviation Administration,
including in-kind contributions, from test range participants in
the furtherance of research, development, and testing
objectives.
``(c) Waivers.--In carrying out this section the Administrator may
waive the requirements of section 44711 of title 49, United States Code,
including related regulations, to the extent consistent with aviation
safety.
``(d) Review of Operations by Test Range Operators.--The operator of
each test range under subsection (a) shall--
``(1) review the operations of unmanned aircraft systems
conducted at the test range, including--
``(A) ongoing or completed research; and
``(B) data regarding operations by private and
public operators; and
``(2) submit to the Administrator, in such form and manner
as specified by the Administrator, the results of the review,
including recommendations to further enable private research and
development operations at the test ranges that contribute to the
Federal Aviation Administration's safe integration of unmanned
aircraft systems into the national airspace system, on a
quarterly basis until the program terminates.
``(e) Testing.--The Secretary of Transportation may authorize an
operator of a test range described in subsection (a) to administer
testing requirements established by the Administrator for unmanned
aircraft systems operations.
[[Page 132 STAT. 3290]]
``(f) Collaborative Research and Development Agreements.--The
Administrator may use the other transaction authority under section
106(l)(6) and enter into collaborative research and development
agreements, to direct research related to unmanned aircraft systems,
including at any test range under subsection (a), and in coordination
with the Center of Excellence for Unmanned Aircraft Systems.
``(g) Use of Center of Excellence for Unmanned Aircraft Systems.--
The Administrator, in carrying out research necessary to implement the
consensus safety standards requirements in section 44805 shall, to the
maximum extent practicable, leverage the research and testing capacity
and capabilities of the Center of Excellence for Unmanned Aircraft
Systems and the test ranges.
``(h) Termination.--The program under this section shall terminate
on September 30, 2023.''.
(b) Table of Contents.--The table of contents for chapter 448, as
added by this Act, <<NOTE: 49 USC 44801 prec.>> is further amended by
adding at the end the following:
``44803. Unmanned aircraft system test ranges.''.
SEC. 344. SMALL UNMANNED AIRCRAFT IN THE ARCTIC.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44804. <<NOTE: 49 USC 44804.>> Small unmanned aircraft in
the Arctic
``(a) In General.--The Secretary of Transportation shall develop a
plan and initiate a process to work with relevant Federal agencies and
national and international communities to designate permanent areas in
the Arctic where small unmanned aircraft may operate 24 hours per day
for research and commercial purposes.
``(b) Plan Contents.--The plan under subsection (a) shall include
the development of processes to facilitate the safe operation of small
unmanned aircraft beyond the visual line of sight.
``(c) Requirements.--Each permanent area designated under subsection
(a) shall enable over-water flights from the surface to at least 2,000
feet in altitude, with ingress and egress routes from selected coastal
launch sites.
``(d) Agreements.--To implement the plan under subsection (a), the
Secretary may enter into an agreement with relevant national and
international communities.
``(e) Aircraft Approval.--
``(1) In general.--Subject to paragraph (2), not later than
1 year after the entry into force of an agreement necessary to
effectuate the purposes of this section, the Secretary shall
work with relevant national and international communities to
establish and implement a process for approving the use of a
small unmanned aircraft in the designated permanent areas in the
Arctic without regard to whether the small unmanned aircraft is
used as a public aircraft, a civil aircraft, or a model
aircraft.
``(2) Existing process.--The Secretary may implement an
existing process to meet the requirements under paragraph
(1).''.
[[Page 132 STAT. 3291]]
(b) Table of Contents.--The table of contents for chapter 448 of
title 49, United States Code, as added by this Act, is further amended
by adding at the end the following:
``44804. Small unmanned aircraft in the Arctic.''.
SEC. 345. SMALL UNMANNED AIRCRAFT SAFETY STANDARDS.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44805. <<NOTE: 49 USC 44805.>> Small Unmanned aircraft
safety standards
``(a) FAA Process for Acceptance and Authorization.--The
Administrator of the Federal Aviation Administration shall establish a
process for--
``(1) accepting risk-based consensus safety standards
related to the design, production, and modification of small
unmanned aircraft systems;
``(2) authorizing the operation of small unmanned aircraft
system make and model designed, produced, or modified in
accordance with the consensus safety standards accepted under
paragraph (1);
``(3) authorizing a manufacturer to self-certify a small
unmanned aircraft system make or model that complies with
consensus safety standards accepted under paragraph (1); and
``(4) certifying a manufacturer of small unmanned aircraft
systems, or an employee of such manufacturer, that has
demonstrated compliance with the consensus safety standards
accepted under paragraph (1) and met any other qualifying
criteria, as determined by the Administrator, to alternatively
satisfy the requirements of paragraph (1).
``(b) Considerations.--Before accepting consensus safety standards
under subsection (a), the Administrator of the Federal Aviation
Administration shall consider the following:
``(1) Technologies or standards related to geographic
limitations, altitude limitations, and sense and avoid
capabilities.
``(2) Using performance-based requirements.
``(3) Assessing varying levels of risk posed by different
small unmanned aircraft systems and their operation and
tailoring performance-based requirements to appropriately
mitigate risk.
``(4) Predetermined action to maintain safety in the event
that a communications link between a small unmanned aircraft and
its operator is lost or compromised.
``(5) Detectability and identifiability to pilots, the
Federal Aviation Administration, and air traffic controllers, as
appropriate.
``(6) Means to prevent tampering with or modification of any
system, limitation, or other safety mechanism or standard under
this section or any other provision of law, including a means to
identify any tampering or modification that has been made.
``(7) Consensus identification standards under section 2202
of the FAA Extension, Safety, and Security Act of 2016 (Public
Law 114-190; 130 Stat. 615).
``(8) To the extent not considered previously by the
consensus body that crafted consensus safety standards, cost-
benefit and risk analyses of consensus safety standards that may
[[Page 132 STAT. 3292]]
be accepted pursuant to subsection (a) for newly designed small
unmanned aircraft systems.
``(9) Applicability of consensus safety standards to small
unmanned aircraft systems that are not manufactured
commercially.
``(10) Any technology or standard related to small unmanned
aircraft systems that promotes aviation safety.
``(11) Any category of unmanned aircraft systems that should
be exempt from the consensus safety standards based on risk
factors.
``(e) Nonapplicability of Other Laws.--The process for authorizing
the operation of small unmanned aircraft systems under subsection (a)
may allow for operation of any applicable small unmanned aircraft
systems within the national airspace system without requiring--
``(1) airworthiness certification requirements under section
44704 of this title; or
``(2) type certification under part 21 of title 14, Code of
Federal Regulations.
``(f) Revocation.--The Administrator may suspend or revoke the
authorizations in subsection (a) if the Administrator determines that
the manufacturer or the small unmanned aircraft system is no longer in
compliance with the standards accepted by the Administrator under
subsection (a)(1) or with the manufacturer's statement of compliance
under subsection (h).
``(g) Requirements.--With regard to an authorization under the
processes in subsection (a), the Administrator may require a
manufacturer of small unmanned aircraft systems to provide the Federal
Aviation Administration with the following:
``(1) The aircraft system's operating instructions.
``(2) The aircraft system's recommended maintenance and
inspection procedures.
``(3) The manufacturer's statement of compliance described
in subsection (h).
``(4) Upon request, a sample aircraft to be inspected by the
Federal Aviation Administration to ensure compliance with the
consensus safety standards accepted by the Administrator under
subsection (a).
``(h) Manufacturer's Statement of Compliance for Small UAS.--A
manufacturer's statement of compliance shall--
``(1) identify the aircraft make, model, range of serial
numbers, and any applicable consensus safety standards used and
accepted by the Administrator;
``(2) state that the aircraft make and model meets the
provisions of the consensus safety standards identified in
paragraph (1);
``(3) state that the aircraft make and model conforms to the
manufacturer's design data and is manufactured in a way that
ensures consistency across units in the production process in
order to meet the applicable consensus safety standards accepted
by the Administrator;
``(4) state that the manufacturer will make available to the
Administrator, operators, or customers--
``(A) the aircraft's operating instructions, which
conform to the consensus safety standards identified in
paragraph (1); and
[[Page 132 STAT. 3293]]
``(B) the aircraft's recommended maintenance and
inspection procedures, which conform to the consensus
safety standards identified in paragraph (1);
``(5) state that the manufacturer will monitor safety-of-
flight issues and take action to ensure it meets the consensus
safety standards identified in paragraph (1) and report these
issues and subsequent actions to the Administrator;
``(6) state that at the request of the Administrator, the
manufacturer will provide reasonable access for the
Administrator to its facilities for the purposes of overseeing
compliance with this section; and
``(7) state that the manufacturer, in accordance with the
consensus safety standards accepted by the Federal Aviation
Administration, has--
``(A) ground and flight tested random samples of the
aircraft;
``(B) found the sample aircraft performance
acceptable; and
``(C) determined that the make and model of aircraft
is suitable for safe operation.
``(i) Prohibitions.--
``(1) False statements of compliance.--It shall be unlawful
for any person to knowingly submit a statement of compliance
described in subsection (h) that is fraudulent or intentionally
false.
``(2) Introduction into interstate commerce.--Unless the
Administrator determines operation of an unmanned aircraft
system may be conducted without an airworthiness certificate or
permission, authorization, or approval under subsection (a), it
shall be unlawful for any person to knowingly introduce or
deliver for introduction into interstate commerce any small
unmanned aircraft system that is manufactured after the date
that the Administrator accepts consensus safety standards under
this section unless--
``(A) the make and model has been authorized for
operation under subsection (a); or
``(B) the aircraft has alternatively received design
and production approval issued by the Federal Aviation
Administration.
``(j) Exclusions.--The Administrator may exempt from the
requirements of this section small unmanned aircraft systems that are
not capable of navigating beyond the visual line of sight of the
operator through advanced flight systems and technology, if the
Administrator determines that such an exemption does not pose a risk to
the safety of the national airspace system.''.
(b) <<NOTE: 49 USC 44805 note.>> Unmanned Aircraft Systems Research
Facility.--The Center of Excellence for Unmanned Aircraft Systems shall
establish an unmanned aircraft systems research facility to study
appropriate safety standards for unmanned aircraft systems and to
validate such standards, as directed by the Administrator of the Federal
Aviation Administration, consistent with section 44805 of title 49,
United States Code, as added by this section.
(c) Table of Contents.--The table of contents for chapter 448 of
title 49, United States Code, as added by this Act, is further amended
by adding at the end the following:
``44805. Small unmanned aircraft safety standards.''.
[[Page 132 STAT. 3294]]
SEC. 346. PUBLIC UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44806. <<NOTE: 49 USC 44806.>> Public unmanned aircraft
systems
``(a) Guidance.--The Secretary of Transportation shall issue
guidance regarding the operation of a public unmanned aircraft system--
``(1) to streamline and expedite the process for the
issuance of a certificate of authorization or a certificate of
waiver;
``(2) to facilitate the capability of public agencies to
develop and use test ranges, subject to operating restrictions
required by the Federal Aviation Administration, to test and
operate public unmanned aircraft systems; and
``(3) to provide guidance on a public agency's
responsibilities when operating an unmanned aircraft without a
civil airworthiness certificate issued by the Administration.
``(b) Agreements With Government Agencies.--
``(1) In general.--The Secretary shall enter into an
agreement with each appropriate public agency to simplify the
process for issuing a certificate of waiver or a certificate of
authorization with respect to an application for authorization
to operate a public unmanned aircraft system in the national
airspace system.
``(2) Contents.--An agreement under paragraph (1) shall--
``(A) with respect to an application described in
paragraph (1)--
``(i) provide for an expedited review of the
application;
``(ii) require a decision by the Administrator
on approval or disapproval not later than 60
business days after the date of submission of the
application; and
``(iii) allow for an expedited appeal if the
application is disapproved;
``(B) allow for a one-time approval of similar
operations carried out during a fixed period of time;
and
``(C) allow a government public safety agency to
operate an unmanned aircraft weighing 4.4 pounds or less
if that unmanned aircraft is operated--
``(i) within or beyond the visual line of
sight of the operator;
``(ii) less than 400 feet above the ground;
``(iii) during daylight conditions;
``(iv) within Class G airspace; and
``(v) outside of 5 statute miles from any
airport, heliport, seaplane base, spaceport, or
other location with aviation activities.
``(c) Public Actively Tethered Unmanned Aircraft Systems.--
``(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall permit the use of, and may issue guidance
regarding, the use of public actively tethered unmanned aircraft
systems that are--
[[Page 132 STAT. 3295]]
``(A) operated at an altitude of less than 150 feet
above ground level;
``(B) operated--
``(i) within class G airspace; or
``(ii) at or below the ceiling depicted on the
Federal Aviation Administration's published UAS
facility maps for class B, C, D, or E surface area
airspace;
``(C) not flown directly over non-participating
persons;
``(D) operated within visual line of sight of the
operator; and
``(E) operated in a manner that does not interfere
with and gives way to any other aircraft.
``(2) Requirements.--Public actively tethered unmanned
aircraft systems may be operated --
``(A) without any requirement to obtain a
certificate of authorization, certificate of waiver, or
other approval by the Federal Aviation Administration;
``(B) without requiring airman certification under
section 44703 of this title or any rule or regulation
relating to airman certification; and
``(C) without requiring airworthiness certification
under section 44704 of this title or any rule or
regulation relating to aircraft certification.
``(3) Safety standards.--Public actively tethered unmanned
aircraft systems operated within the scope of the guidance
issued pursuant to paragraph (1) shall be exempt from the
requirements of section 44805 of this title.
``(4) Savings provision.--Nothing in this subsection shall
be construed to preclude the Administrator of the Federal
Aviation Administration from issuing new regulations for public
actively tethered unmanned aircraft systems in order to ensure
the safety of the national airspace system.
``(d) Federal Agency Coordination to Enhance the Public Health and
Safety Capabilities of Public Unmanned Aircraft Systems.--The
Administrator shall assist Federal civilian Government agencies that
operate unmanned aircraft systems within civil-controlled airspace, in
operationally deploying and integrating sense and avoid capabilities, as
necessary to operate unmanned aircraft systems safely within the
national airspace system.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448 of title 49, United States Code, as added by this Act, is
further amended by adding at the end the following:
``44806. Public unmanned aircraft systems.''.
(2) Public unmanned aircraft systems.--Section 334 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
and the item relating to that section in the table of contents
under section 1(b) of that Act (126 Stat. 13) are repealed.
(3) Facilitating interagency cooperation.--Section 2204(a)
of the FAA Extension, Safety, and Security Act of 2016 (Public
Law 114-190; 130 Stat. 615) <<NOTE: 49 USC 40101 note.>> is
amended by striking ``section 334(c) of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
``section 44806 of title 49, United States Code''.
[[Page 132 STAT. 3296]]
SEC. 347. SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
``Sec. 44807. <<NOTE: 49 USC 44807.>> Special authority for
certain unmanned aircraft systems
``(a) In General.--Notwithstanding any other requirement of this
chapter, the Secretary of Transportation shall use a risk-based approach
to determine if certain unmanned aircraft systems may operate safely in
the national airspace system notwithstanding completion of the
comprehensive plan and rulemaking required by section 44802 or the
guidance required by section 44806.
``(b) Assessment of Unmanned Aircraft Systems.--In making the
determination under subsection (a), the Secretary shall determine, at a
minimum--
``(1) which types of unmanned aircraft systems, if any, as a
result of their size, weight, speed, operational capability,
proximity to airports and populated areas, operation over
people, and operation within or beyond the visual line of sight,
or operation during the day or night, do not create a hazard to
users of the national airspace system or the public; and
``(2) whether a certificate under section 44703 or section
44704 of this title, or a certificate of waiver or certificate
of authorization, is required for the operation of unmanned
aircraft systems identified under paragraph (1) of this
subsection.
``(c) Requirements for Safe Operation.--If the Secretary determines
under this section that certain unmanned aircraft systems may operate
safely in the national airspace system, the Secretary shall establish
requirements for the safe operation of such aircraft systems in the
national airspace system, including operation related to research,
development, and testing of proprietary systems.
``(d) Sunset.--The authority under this section for the Secretary to
determine if certain unmanned aircraft systems may operate safely in the
national airspace system terminates effective September 30, 2023.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as added by this Act, <<NOTE: 49 USC 44801 prec.>> is
further amended by adding at the end the following:
``44807. Special authority for certain unmanned aircraft systems.''.
(2) Special rules for certain unmanned aircraft systems.--
Section 333 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note) and the item relating to that section in the
table of contents under section 1(b) of that Act (126 Stat. 13)
are repealed.
SEC. 348. CARRIAGE OF PROPERTY BY SMALL UNMANNED AIRCRAFT SYSTEMS
FOR COMPENSATION OR HIRE.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
[[Page 132 STAT. 3297]]
``Sec. 44808. <<NOTE: 49 USC 44808.>> Carriage of property by
small unmanned aircraft systems for
compensation or hire
``(a) In General.--Not later than 1 year after the date of enactment
of the FAA Reauthorization Act of 2018, the Administrator of the Federal
Aviation Administration shall update existing regulations to authorize
the carriage of property by operators of small unmanned aircraft systems
for compensation or hire within the United States.
``(b) Contents.--Any rulemaking conducted under subsection (a) shall
provide for the following:
``(1) Use performance-based requirements.
``(2) Consider varying levels of risk to other aircraft and
to persons and property on the ground posed by different
unmanned aircraft systems and their operation and tailor
performance-based requirements to appropriately mitigate risk.
``(3) Consider the unique characteristics of highly
automated, small unmanned aircraft systems.
``(4) Include requirements for the safe operation of small
unmanned aircraft systems that, at a minimum, address--
``(A) airworthiness of small unmanned aircraft
systems;
``(B) qualifications for operators and the type and
nature of the operations;
``(C) operating specifications governing the type
and nature of the unmanned aircraft system air carrier
operations; and
``(D) the views of State, local, and tribal
officials related to potential impacts of the carriage
of property by operators of small unmanned aircraft
systems for compensation or hire within the communities
to be served.
``(5) Small uas.--The Secretary may amend part 298 of title
14, Code of Federal Regulations, to update existing regulations
to establish economic authority for the carriage of property by
small unmanned aircraft systems for compensation or hire. Such
authority shall only require--
``(A) registration with the Department of
Transportation;
``(B) authorization from the Federal Aviation
Administration to conduct operations; and
``(C) compliance with chapters 401, 411, and 417.
``(6) Availability of current certification processes.--
Pending completion of the rulemaking required in subsection (a)
of this section, a person may seek an air carrier operating
certificate and certificate of public convenience and necessity,
or an exemption from such certificate, using existing
processes.''.
(b) Table of Contents.--The table of contents for chapter 448 of
title 49, United States Code, as added by this Act, <<NOTE: 49 USC 44801
prec.>> is further amended by adding at the end the following:
``44808. Carriage of property by small unmanned aircraft systems for
compensation or hire.''.
SEC. 349. EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS OF
UNMANNED AIRCRAFT.
(a) In General.--Chapter 448 of title 49, United States Code, as
added by this Act, is further amended by adding at the end the
following:
[[Page 132 STAT. 3298]]
``Sec. 44809. <<NOTE: 49 USC 44809.>> Exception for limited
recreational operations of unmanned aircraft
``(a) In General.--Except as provided in subsection (e), and
notwithstanding chapter 447 of title 49, United States Code, a person
may operate a small unmanned aircraft without specific certification or
operating authority from the Federal Aviation Administration if the
operation adheres to all of the following limitations:
``(1) The aircraft is flown strictly for recreational
purposes.
``(2) The aircraft is operated in accordance with or within
the programming of a community-based organization's set of
safety guidelines that are developed in coordination with the
Federal Aviation Administration.
``(3) The aircraft is flown within the visual line of sight
of the person operating the aircraft or a visual observer co-
located and in direct communication with the operator.
``(4) The aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft.
``(5) In Class B, Class C, or Class D airspace or within the
lateral boundaries of the surface area of Class E airspace
designated for an airport, the operator obtains prior
authorization from the Administrator or designee before
operating and complies with all airspace restrictions and
prohibitions.
``(6) In Class G airspace, the aircraft is flown from the
surface to not more than 400 feet above ground level and
complies with all airspace restrictions and prohibitions.
``(7) The operator has passed an aeronautical knowledge and
safety test described in subsection (g) and maintains proof of
test passage to be made available to the Administrator or law
enforcement upon request.
``(8) The aircraft is registered and marked in accordance
with chapter 441 of this title and proof of registration is made
available to the Administrator or a designee of the
Administrator or law enforcement upon request.
``(b) Other Operations.--Unmanned aircraft operations that do not
conform to the limitations in subsection (a) must comply with all
statutes and regulations generally applicable to unmanned aircraft and
unmanned aircraft systems.
``(c) Operations at Fixed Sites.--
``(1) Operating procedure required.--Persons operating
unmanned aircraft under subsection (a) from a fixed site within
Class B, Class C, or Class D airspace or within the lateral
boundaries of the surface area of Class E airspace designated
for an airport, or a community-based organization conducting a
sanctioned event within such airspace, shall make the location
of the fixed site known to the Administrator and shall establish
a mutually agreed upon operating procedure with the air traffic
control facility.
``(2) Unmanned aircraft weighing more than 55 pounds.--A
person may operate an unmanned aircraft weighing more than 55
pounds, including the weight of anything attached to or carried
by the aircraft, under subsection (a) if--
``(A) the unmanned aircraft complies with standards
and limitations developed by a community-based
organization and approved by the Administrator; and
[[Page 132 STAT. 3299]]
``(B) the aircraft is operated from a fixed site as
described in paragraph (1).
``(d) Updates.--
``(1) In general.--The Administrator, in consultation with
government, stakeholders, and community-based organizations,
shall initiate a process to periodically update the operational
parameters under subsection (a), as appropriate.
``(2) Considerations.--In updating an operational parameter
under paragraph (1), the Administrator shall consider--
``(A) appropriate operational limitations to
mitigate risks to aviation safety and national security,
including risk to the uninvolved public and critical
infrastructure;
``(B) operations outside the membership, guidelines,
and programming of a community-based organization;
``(C) physical characteristics, technical standards,
and classes of aircraft operating under this section;
``(D) trends in use, enforcement, or incidents
involving unmanned aircraft systems;
``(E) ensuring, to the greatest extent practicable,
that updates to the operational parameters correspond
to, and leverage, advances in technology; and
``(F) equipage requirements that facilitate safe,
efficient, and secure operations and further integrate
all unmanned aircraft into the national airspace system.
``(3) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require a person operating an unmanned aircraft under this
section to seek permissive authority of the Administrator,
beyond that required in subsection (a) of this section, prior to
operation in the national airspace system.
``(e) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue an
enforcement action against a person operating any unmanned aircraft who
endangers the safety of the national airspace system.
``(f) Exceptions.--Nothing in this section prohibits the
Administrator from promulgating rules generally applicable to unmanned
aircraft, including those unmanned aircraft eligible for the exception
set forth in this section, relating to--
``(1) updates to the operational parameters for unmanned
aircraft in subsection (a);
``(2) the registration and marking of unmanned aircraft;
``(3) the standards for remotely identifying owners and
operators of unmanned aircraft systems and associated unmanned
aircraft; and
``(4) other standards consistent with maintaining the safety
and security of the national airspace system.
``(g) Aeronautical Knowledge and Safety Test.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Administrator, in consultation
with manufacturers of unmanned aircraft systems, other industry
stakeholders, and community-based organizations, shall develop
an aeronautical knowledge and safety test, which can then be
administered electronically by the Administrator, a community-
based organization, or a person designated by the Administrator.
[[Page 132 STAT. 3300]]
``(2) Requirements.--The Administrator shall ensure the
aeronautical knowledge and safety test is designed to adequately
demonstrate an operator's--
``(A) understanding of aeronautical safety
knowledge; and
``(B) knowledge of Federal Aviation Administration
regulations and requirements pertaining to the operation
of an unmanned aircraft system in the national airspace
system.
``(h) Community-based Organization Defined.--In this section, the
term `community-based organization' means a membership-based association
entity that--
``(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986;
``(2) is exempt from tax under section 501(a) of the
Internal Revenue Code of 1986;
``(3) the mission of which is demonstrably the furtherance
of model aviation;
``(4) provides a comprehensive set of safety guidelines for
all aspects of model aviation addressing the assembly and
operation of model aircraft and that emphasize safe
aeromodelling operations within the national airspace system and
the protection and safety of individuals and property on the
ground, and may provide a comprehensive set of safety rules and
programming for the operation of unmanned aircraft that have the
advanced flight capabilities enabling active, sustained, and
controlled navigation of the aircraft beyond visual line of
sight of the operator;
``(5) provides programming and support for any local charter
organizations, affiliates, or clubs; and
``(6) provides assistance and support in the development and
operation of locally designated model aircraft flying sites.
``(i) Recognition of Community-based Organizations.--In
collaboration with aeromodelling stakeholders, the Administrator shall
publish an advisory circular within 180 days of the date of enactment of
this section that identifies the criteria and process required for
recognition of community-based organizations.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448 of title 49, United States Code, as added <<NOTE: 49 USC
44801 prec.>> by this Act, is further amended by adding at the
end the following:
``44809. Exception for limited recreational operations of unmanned
aircraft.''.
(2) Repeal.--Section 336 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note) and the item relating to that
section in the table of contents under section 1(b) of that Act
are repealed.
SEC. 350. <<NOTE: 49 USC 44809 note.>> USE OF UNMANNED AIRCRAFT
SYSTEMS AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Educational and Research Purposes.--For the purposes of section
44809 of title 49, United States Code, as added by this Act, a
``recreational purpose'' as distinguished in subsection (a)(1) of such
section shall include an unmanned aircraft system operated by an
institution of higher education for educational or research purposes.
[[Page 132 STAT. 3301]]
(b) Updates.--In updating an operational parameter under subsection
(d)(1) of such section for unmanned aircraft systems operated by an
institution of higher education for educational or research purposes,
the Administrator shall consider--
(1) use of small unmanned aircraft systems and operations at
an accredited institution of higher education, for educational
or research purposes, as a component of the institution's
curricula or research;
(2) the development of streamlined, risk-based operational
approval for unmanned aircraft systems operated by institutions
of higher education; and
(3) the airspace and aircraft operators that may be affected
by such operations at the institution of higher education.
(c) Deadline for Establishment of Procedures and Standards.--Not
later than 270 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration may establish
regulations, procedures, and standards, as necessary, to facilitate the
safe operation of unmanned aircraft systems operated by institutions of
higher education for educational or research purposes.
(d) Definitions.--In this section:
(1) Institution of higher education.--The term ``institution
of higher education'' has the meaning given to that term by
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(2) Educational or research purposes.--The term ``education
or research purposes'', with respect to the operation of an
unmanned aircraft system by an institution of higher education,
includes--
(A) instruction of students at the institution;
(B) academic or research related uses of unmanned
aircraft systems that have been approved by the
institution, including Federal research;
(C) activities undertaken by the institution as part
of research projects, including research projects
sponsored by the Federal Government; and
(D) other academic activities approved by the
institution.
(e) Statutory Construction.--
(1) Enforcement.--Nothing in this section shall be construed
to limit the authority of the Administrator to pursue an
enforcement action against a person operating any unmanned
aircraft who endangers the safety of the national airspace
system.
(2) Regulations and standards.--Nothing in this section
prohibits the Administrator from promulgating any rules or
standards consistent with maintaining the safety and security of
the national airspace system.
SEC. 351. <<NOTE: 49 USC 44802 note.>> UNMANNED AIRCRAFT SYSTEMS
INTEGRATION PILOT PROGRAM.
(a) Authority.--The Secretary of Transportation may establish a
pilot program to enable enhanced drone operations as required in the
October 25, 2017 Presidential Memorandum entitled ``Unmanned Aircraft
Systems Integration Pilot Program'' and described in 82 Federal Register
50301.
[[Page 132 STAT. 3302]]
(b) Applications.--The Secretary shall accept applications from
State, local, and Tribal governments, in partnership with unmanned
aircraft system operators and other private-sector stakeholders, to test
and evaluate the integration of civil and public UAS operations into the
low-altitude national airspace system.
(c) Objectives.--The purpose of the pilot program is to accelerate
existing UAS integration plans by working to solve technical,
regulatory, and policy challenges, while enabling advanced UAS
operations in select areas subject to ongoing safety oversight and
cooperation between the Federal Government and applicable State, local,
or Tribal jurisdictions, in order to--
(1) accelerate the safe integration of UAS into the NAS by
testing and validating new concepts of beyond visual line of
sight operations in a controlled environment, focusing on detect
and avoid technologies, command and control links, navigation,
weather, and human factors;
(2) address ongoing concerns regarding the potential
security and safety risks associated with UAS operating in close
proximity to human beings and critical infrastructure by
ensuring that operators communicate more effectively with
Federal, State, local, and Tribal law enforcement to enable law
enforcement to determine if a UAS operation poses such a risk;
(3) promote innovation in and development of the United
States unmanned aviation industry, especially in sectors such as
agriculture, emergency management, inspection, and
transportation safety, in which there are significant public
benefits to be gained from the deployment of UAS; and
(4) identify the most effective models of balancing local
and national interests in UAS integration.
(d) Application Submission.--The Secretary shall establish
application requirements and require applicants to include the following
information:
(1) Identification of the airspace to be used, including
shape files and altitudes.
(2) Description of the types of planned operations.
(3) Identification of stakeholder partners to test and
evaluate planned operations.
(4) Identification of available infrastructure to support
planned operations.
(5) Description of experience with UAS operations and
regulations.
(6) Description of existing UAS operator and any other
stakeholder partnerships and experience.
(7) Description of plans to address safety, security,
competition, privacy concerns, and community outreach.
(e) Monitoring and Enforcement of Limitations.--
(1) In general.--Monitoring and enforcement of any
limitations enacted pursuant to this pilot project shall be the
responsibility of the jurisdiction.
(2) Savings provision.--Nothing in paragraph (1) may be
construed to prevent the Secretary from enforcing Federal law.
(3) Examples of limitations.--Limitations under this section
may include--
[[Page 132 STAT. 3303]]
(A) prohibiting flight during specified morning and
evening rush hours or only permitting flight during
specified hours such as daylight hours, sufficient to
ensure reasonable airspace access;
(B) establishing designated take-off and landing
zones, limiting operations over moving locations or
fixed site public road and parks, sidewalks or private
property based on zoning density, or other land use
considerations;
(C) requiring notice to public safety or zoning or
land use authorities before operating; and
(D) prohibiting operations in connection with
community or sporting events that do not remain in one
place (for example, parades and running events).
(f) Selection Criteria.--In making determinations, the Secretary
shall evaluate whether applications meet or exceed the following
criteria:
(1) Overall economic, geographic, and climatic diversity of
the selected jurisdictions.
(2) Overall diversity of the proposed models of government
involvement.
(3) Overall diversity of the UAS operations to be conducted.
(4) The location of critical infrastructure.
(5) The involvement of commercial entities in the proposal
and their ability to advance objectives that may serve the
public interest as a result of further integration of UAS into
the NAS.
(6) The involvement of affected communities in, and their
support for, participating in the pilot program.
(7) The commitment of the governments and UAS operators
involved in the proposal to comply with requirements related to
national defense, homeland security, and public safety and to
address competition, privacy, and civil liberties concerns.
(8) The commitment of the governments and UAS operators
involved in the proposal to achieve the following policy
objectives:
(A) Promoting innovation and economic development.
(B) Enhancing transportation safety.
(C) Enhancing workplace safety.
(D) Improving emergency response and search and
rescue functions.
(E) Using radio spectrum efficiently and
competitively.
(g) Implementation.--The Secretary shall use the data collected and
experience gained over the course of this pilot program to--
(1) identify and resolve technical challenges to UAS
integration;
(2) address airspace use to safely and efficiently integrate
all aircraft;
(3) inform operational standards and procedures to improve
safety (for example, detect and avoid capabilities, navigation
and altitude performance, and command and control link);
(4) inform FAA standards that reduce the need for waivers
(for example, for operations over human beings, night
operations, and beyond visual line of sight); and
(5) address competing interests regarding UAS operational
expansion, safety, security, roles and responsibilities of non-
Federal Government entities, and privacy issues.
[[Page 132 STAT. 3304]]
(h) Notification.--Prior to initiating any additional rounds of
agreements with State, local, or Tribal governments as part of the pilot
program established under subsection (a), the Secretary shall notify the
Committee on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations in the Senate.
(i) Sunset.--The pilot program established under subsection (a)
shall terminate 3 years after the date on which the memorandum
referenced in subsection (a) is signed by the President.
(j) Savings Clause.--Nothing in this section shall affect any
proposals, selections, imposition of conditions, operations, or other
decisions made--
(1) under the pilot program developed by the Secretary of
Transportation pursuant to the Presidential memorandum titled
``Unmanned Aircraft Systems Integration Pilot Program'', as
published in the Federal Register on October 30, 2017 (82 Fed.
Reg. 50301); and
(2) prior to the date of enactment of this Act.
(k) Definitions.--In this section:
(1) The term ``Lead Applicant'' means an eligible State,
local or Tribal government that has submitted a timely
application.
(2) The term ``NAS'' means the low-altitude national
airspace system.
(3) The term ``UAS'' means unmanned aircraft system.
SEC. 352. PART 107 TRANSPARENCY AND TECHNOLOGY IMPROVEMENTS.
(a) Transparency.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall publish on the FAA
website a representative sample of the safety justifications, offered by
applicants for small unmanned aircraft system waivers and airspace
authorizations, that have been approved by the Administration for each
regulation waived or class of airspace authorized, except that any
published justification shall not reveal proprietary or commercially
sensitive information.
(b) Technology Improvements.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall revise the online
waiver and certificates of authorization processes--
(1) to provide real time confirmation that an application
filed online has been received by the Administration; and
(2) to provide an applicant with an opportunity to review
the status of the applicant's application.
SEC. 353. <<NOTE: 49 USC 44802 note.>> EMERGENCY EXEMPTION
PROCESS.
(a) Sense of Congress.--It is the sense of Congress that the use of
unmanned aircraft systems by civil and public operators--
(1) is an increasingly important tool in response to a
catastrophe, disaster, or other emergency;
(2) helps facilitate emergency response operations, such as
firefighting and search and rescue; and
(3) helps facilitate post-catastrophic response operations,
such as utility and infrastructure restoration efforts and the
safe and prompt processing, adjustment, and payment of insurance
claims.
(b) Updates.--The Administrator shall, as necessary, update and
improve the Special Government Interest process described
[[Page 132 STAT. 3305]]
in chapter 7 of Federal Aviation Administration Order JO 7200.23A to
ensure that civil and public operators, including local law enforcement
agencies and first responders, continue to use unmanned aircraft system
operations quickly and efficiently in response to a catastrophe,
disaster, or other emergency.
(c) Best Practices.--The Administrator shall develop best practices
for the use of unmanned aircraft systems by States and localities to
respond to a catastrophe, disaster, or other emergency response and
recovery operation.
SEC. 354. <<NOTE: 49 USC 44802 note.>> TREATMENT OF UNMANNED
AIRCRAFT OPERATING UNDERGROUND.
An unmanned aircraft system that is operated underground for mining
purposes shall not be subject to regulation or enforcement by the FAA
under title 49, United States Code.
SEC. 355. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.
(a) Public UAS Operations by Tribal Governments.--Section
40102(a)(41) of title 49, United States Code, is amended by adding at
the end the following:
``(F) An unmanned aircraft that is owned and
operated by, or exclusively leased for at least 90
continuous days by, an Indian Tribal government, as
defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122), except as provided in section 40125(b).''.
(b) Conforming Amendment.--Section 40125(b) of title 49, United
States Code, is amended by striking ``or (D)'' and inserting ``(D), or
(F)''.
SEC. 356. AUTHORIZATION OF APPROPRIATIONS FOR KNOW BEFORE YOU FLY
CAMPAIGN.
There are authorized to be appropriated to the Administrator of the
Federal Aviation Administration $1,000,000 for each of fiscal years 2019
through 2023, out of funds made available under section 106(k), for the
Know Before You Fly educational campaign or similar public informational
efforts intended to broaden unmanned aircraft systems safety awareness.
SEC. 357. <<NOTE: 49 USC 44801 note.>> UNMANNED AIRCRAFT SYSTEMS
PRIVACY POLICY.
It is the policy of the United States that the operation of any
unmanned aircraft or unmanned aircraft system shall be carried out in a
manner that respects and protects personal privacy consistent with the
United States Constitution and Federal, State, and local law.
SEC. 358. UAS PRIVACY REVIEW.
(a) Review.--The Comptroller General of the United States, in
consideration of relevant efforts led by the National Telecommunications
and Information Administration, shall carry out a review of the privacy
issues and concerns associated with the operation of unmanned aircraft
systems in the national airspace system.
(b) Consultation.--In carrying out the review, the Comptroller
General shall--
(1) consult with the Department of Transportation and the
National Telecommunications and Information Administration of
the Department of Commerce on its ongoing efforts
[[Page 132 STAT. 3306]]
responsive to the Presidential memorandum titled ``Promoting
Economic Competitiveness While Safeguarding Privacy, Civil
Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft
Systems'' and dated February 15, 2015;
(2) examine and identify the existing Federal, State, or
relevant local laws that address an individual's personal
privacy;
(3) identify specific issues and concerns that may limit the
availability of civil or criminal legal remedies regarding
inappropriate operation of unmanned aircraft systems in the
national airspace system;
(4) identify any deficiencies in Federal, State, or local
privacy protections; and
(5) provide recommendations to address any limitations and
deficiencies identified in paragraphs (3) and (4).
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report on the results of the review required under subsection
(a).
SEC. 359. STUDY ON FIRE DEPARTMENT AND EMERGENCY SERVICE AGENCY
USE OF UNMANNED AIRCRAFT SYSTEMS.
(a) Study.--
(1) In general.--The Administrator shall conduct a study on
the use of unmanned aircraft systems by fire departments and
emergency service agencies. Such study shall include an analysis
of--
(A) how fire departments and emergency service
agencies currently use unmanned aircraft systems;
(B) obstacles to greater use of unmanned aircraft
systems by fire departments and emergency service
agencies;
(C) the best way to provide outreach to support
greater use of unmanned aircraft systems by fire
departments and emergency service agencies;
(D) laws or regulations that present barriers to
career, combination, and volunteer fire departments'
ability to use unmanned aircraft systems;
(E) training and certifications required for the use
of unmanned aircraft systems by fire departments and
emergency service agencies;
(F) airspace limitations and concerns in the use of
unmanned aircraft systems by fire departments and
emergency service agencies;
(G) roles of unmanned aircraft systems in the
provision of fire and emergency services;
(H) technological challenges to greater adoption of
unmanned aircraft systems by fire departments and
emergency service agencies; and
(I) other issues determined appropriate by the
Administrator.
(2) Consultation.--In conducting the study under paragraph
(1), the Administrator shall consult with national fire and
emergency service organizations.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the study conducted under
[[Page 132 STAT. 3307]]
subsection (a), including the Administrator's findings, conclusions, and
recommendations.
SEC. 360. STUDY ON FINANCING OF UNMANNED AIRCRAFT SERVICES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
a study on appropriate fee mechanisms to recover the costs of--
(1) the regulation and safety oversight of unmanned aircraft
and unmanned aircraft systems; and
(2) the provision of air navigation services to unmanned
aircraft and unmanned aircraft systems.
(b) Considerations.--In carrying out the study, the Comptroller
General shall consider, at a minimum--
(1) any recommendations of Task Group 3 of the Drone
Advisory Committee chartered by the Federal Aviation
Administration on August 31, 2016;
(2) the total annual costs incurred by the Federal Aviation
Administration for the regulation and safety oversight of
activities related to unmanned aircraft;
(3) the annual costs attributable to various types, classes,
and categories of unmanned aircraft activities;
(4) air traffic services provided to unmanned aircraft
operating under instrument flight rules, excluding public
aircraft;
(5) the number of full-time Federal Aviation Administration
employees dedicated to unmanned aircraft programs;
(6) the use of privately operated UTM and other privately
operated unmanned aircraft systems;
(7) the projected growth of unmanned aircraft operations for
various applications and the estimated need for regulation,
oversight, and other services;
(8) the number of small businesses involved in the various
sectors of the unmanned aircraft industry and operating as
primary users of unmanned aircraft; and
(9) any best practices or policies utilized by jurisdictions
outside the United States relating to partial or total recovery
of regulation and safety oversight costs related to unmanned
aircraft and other emergent technologies.
(c) Report to Congress.--Not later than 180 days after initiating
the study, the Comptroller General shall submit to the appropriate
committees of Congress a report containing recommendations on
appropriate fee mechanisms to recover the costs of regulating and
providing air navigation services to unmanned aircraft and unmanned
aircraft systems.
SEC. 361. REPORT ON UAS AND CHEMICAL AERIAL APPLICATION.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
report evaluating which aviation safety requirements under part 137 of
title 14, Code of Federal Regulations, should apply to unmanned aircraft
system operations engaged in aerial spraying of chemicals for
agricultural purposes.
SEC. 362. SENSE OF CONGRESS REGARDING UNMANNED AIRCRAFT SAFETY.
It is the sense of Congress that--
(1) the unauthorized operation of unmanned aircraft near
airports presents a serious hazard to aviation safety;
[[Page 132 STAT. 3308]]
(2) a collision between an unmanned aircraft and a
conventional aircraft in flight could jeopardize the safety of
persons aboard the aircraft and on the ground;
(3) Federal aviation regulations, including sections 91.126
through 91.131 of title 14, Code of Federal Regulations,
prohibit unauthorized operation of an aircraft in controlled
airspace near an airport;
(4) Federal aviation regulations, including section 91.13 of
title 14, Code of Federal Regulations, prohibit the operation of
an aircraft in a careless or reckless manner so as to endanger
the life or property of another;
(5) the Administrator should pursue all available civil and
administrative remedies available to the Administrator,
including referrals to other government agencies for criminal
investigations, with respect to persons who operate unmanned
aircraft in an unauthorized manner;
(6) the Administrator should--
(A) place particular priority in continuing
measures, including partnering with nongovernmental
organizations and State and local agencies, to educate
the public about the dangers to public safety of
operating unmanned aircraft over areas that have
temporary flight restrictions in place, for purposes
such as wildfires, without appropriate authorization;
and
(B) partner with State and local agencies to
effectively enforce relevant laws so that unmanned
aircrafts do not interfere with the efforts of emergency
responders;
(7) the Administrator should place particular priority on
continuing measures, including partnerships with nongovernmental
organizations, to educate the public about the dangers to the
public safety of operating unmanned aircraft near airports
without the appropriate approvals or authorizations; and
(8) manufacturers and retail sellers of small unmanned
aircraft systems should take steps to educate consumers about
the safe and lawful operation of such systems.
SEC. 363. <<NOTE: 49 USC 44802 note.>> PROHIBITION REGARDING
WEAPONS.
(a) In General.--Unless authorized by the Administrator, a person
may not operate an unmanned aircraft or unmanned aircraft system that is
equipped or armed with a dangerous weapon.
(b) Dangerous Weapon Defined.--In this section, the term ``dangerous
weapon'' has the meaning given that term in section 930(g)(2) of title
18, United States Code.
(c) Penalty.--A person who violates this section is liable to the
United States Government for a civil penalty of not more than $25,000
for each violation.
SEC. 364. U.S. COUNTER-UAS SYSTEM REVIEW OF INTERAGENCY
COORDINATION PROCESSES.
(a) In General.--Not later than 60 days after that date of enactment
of this Act, the Administrator, in consultation with government agencies
currently authorized to operate Counter-Unmanned Aircraft System (C-UAS)
systems within the United States (including the territories and
possessions of the United States), shall initiate a review of the
following:
(1) The process the Administration is using for interagency
coordination of C-UAS activity pursuant to a relevant Federal
[[Page 132 STAT. 3309]]
statute authorizing such activity within the United States
(including the territories and possessions of the United
States).
(2) The standards the Administration is utilizing for
operation of a C-UAS systems pursuant to a relevant Federal
statute authorizing such activity within the United States
(including the territories and possessions of the United
States), including whether the following criteria are being
taken into consideration in the development of the standards:
(A) Safety of the national airspace.
(B) Protecting individuals and property on the
ground.
(C) Non-interference with avionics of manned
aircraft, and unmanned aircraft, operating legally in
the national airspace.
(D) Non-interference with air traffic control
systems.
(E) Adequate coordination procedures and protocols
with the Federal Aviation Administration during the
operation of C-UAS systems.
(F) Adequate training for personnel operating C-UAS
systems.
(G) Assessment of the efficiency and effectiveness
of the coordination and review processes to ensure
national airspace safety while minimizing bureaucracy.
(H) Best practices for the consistent operation of
C-UAS systems to the maximum extent practicable.
(I) Current airspace authorization information
shared by automated approval processes for airspace
authorizations, such as the Low Altitude Authorization
and Notification Capability.
(J) Such other matters the Administrator considers
necessary for the safe and lawful operation of C-UAS
systems.
(3) Similar interagency coordination processes already used
for other matters that may be used as a model for improving the
interagency coordination for the usage of C-UAS systems.
(b) Report.--Not later than 180 days after the date upon which the
review in subsection (a) is initiated, the Administrator shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Armed Services of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation in the Senate, and the Committee on Armed Services of the
Senate, a report on the Administration's activities related to C-UAS
systems, including--
(1) any coordination with Federal agencies and States,
subdivisions and States, political authorities of at least 2
States that operate C-UAS systems;
(2) an assessment of the standards being utilized for the
operation of a counter-UAS systems within the United States
(including the territories and possessions of the United
States);
(3) an assessment of the efficiency and effectiveness of the
interagency coordination and review processes to ensure national
airspace safety while minimizing bureaucracy; and
(4) a review of any additional authorities needed by the
Federal Aviation Administration to effectively oversee the
management of C-UAS systems within the United States (including
the territories and possessions of the United States).
[[Page 132 STAT. 3310]]
SEC. 365. <<NOTE: 49 USC 44810 note.>> COOPERATION RELATED TO
CERTAIN COUNTER-UAS TECHNOLOGY.
In matters relating to the use of systems in the national airspace
system intended to mitigate threats posed by errant or hostile unmanned
aircraft system operations, the Secretary of Transportation shall
consult with the Secretary of Defense to streamline deployment of such
systems by drawing upon the expertise and experience of the Department
of Defense in acquiring and operating such systems consistent with the
safe and efficient operation of the national airspace system.
SEC. 366. <<NOTE: 49 USC 44801 note.>> STRATEGY FOR RESPONDING TO
PUBLIC SAFETY THREATS AND ENFORCEMENT
UTILITY OF UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall develop a comprehensive strategy to provide outreach to State and
local governments and provide guidance for local law enforcement
agencies and first responders with respect to--
(1) how to identify and respond to public safety threats
posed by unmanned aircraft systems; and
(2) how to identify and take advantage of opportunities to
use unmanned aircraft systems to enhance the effectiveness of
local law enforcement agencies and first responders.
(b) Resources.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall establish a publicly available
Internet website that contains resources for State and local law
enforcement agencies and first responders seeking--
(1) to respond to public safety threats posed by unmanned
aircraft systems; and
(2) to identify and take advantage of opportunities to use
unmanned aircraft systems to enhance the effectiveness of local
law enforcement agencies and public safety response efforts.
(c) Unmanned Aircraft System Defined.--In this section, the term
``unmanned aircraft system'' has the meaning given that term in section
44801 of title 49, United States Code, as added by this Act.
SEC. 367. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION
OCCUPATIONS RELATING TO UNMANNED AIRCRAFT
INTO VETERANS EMPLOYMENT PROGRAMS OF THE
ADMINISTRATION.
Not later than 180 days after the date of the enactment of this Act,
the Administrator of the Federal Aviation Administration, in
consultation with the Secretary of Veterans Affairs, the Secretary of
Defense, and the Secretary of Labor, shall determine whether occupations
of the Administration relating to unmanned aircraft systems technology
and regulations can be incorporated into the Veterans' Employment
Program of the Administration, particularly in the interaction between
such program and the New Sights Work Experience Program and the Vet-Link
Cooperative Education Program.
SEC. 368. <<NOTE: 49 USC 44806 note.>> PUBLIC UAS ACCESS TO
SPECIAL USE AIRSPACE.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall issue guidance for the expedited and
timely access to special use airspace for public unmanned aircraft
systems in order to assist Federal, State, local,
[[Page 132 STAT. 3311]]
or tribal law enforcement organizations in conducting law enforcement,
emergency response, or for other activities.
SEC. 369. <<NOTE: 49 USC 40101 note.>> APPLICATIONS FOR
DESIGNATION.
Section 2209 of the FAA Extension, Safety, and Security Act of 2016
(Public Law 114-190; 130 Stat. 615) is amended--
(1) in subsection (b)(1)(C)(i), by striking ``and
distribution facilities and equipment'' and inserting
``distribution facilities and equipment, and railroad
facilities''; and
(2) by adding at the end the following:
``(e) Deadlines.--
``(1) Not later than March 31, 2019, the Administrator shall
publish a notice of proposed rulemaking to carry out the
requirements of this section.
``(2) Not later than 12 months after publishing the notice
of proposed rulemaking under paragraph (1), the Administrator
shall issue a final rule.''.
SEC. 370. SENSE OF CONGRESS ON ADDITIONAL RULEMAKING AUTHORITY.
It is the sense of Congress that--
(1) beyond visual line of sight operations, nighttime
operations, and operations over people of unmanned aircraft
systems have tremendous potential--
(A) to enhance both commercial and academic use;
(B) to spur economic growth and development through
innovative applications of this emerging technology; and
(C) to improve emergency response efforts as it
relates to assessing damage to critical infrastructure
such as roads, bridges, and utilities, including water
and power, ultimately speeding response time;
(2) advancements in miniaturization of safety technologies,
including for aircraft weighing under 4.4 pounds, have increased
economic opportunities for using unmanned aircraft systems while
reducing kinetic energy and risk compared to unmanned aircraft
that may weigh 4.4 pounds or more, but less than 55 pounds;
(3) advancements in unmanned technology will have the
capacity to ultimately improve manned aircraft safety; and
(4) integrating unmanned aircraft systems safely into the
national airspace, including beyond visual line of sight
operations, nighttime operations on a routine basis, and
operations over people should remain a top priority for the
Federal Aviation Administration as it pursues additional
rulemakings under the amendments made by this section.
SEC. 371. ASSESSMENT OF AIRCRAFT REGISTRATION FOR SMALL UNMANNED
AIRCRAFT.
(a) Evaluation.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall enter into an
agreement with the National Academy of Public Administration, to
estimate and assess compliance with and the effectiveness of the
registration of small unmanned aircraft systems by the Federal Aviation
Administration pursuant to the interim final rule issued on December 16,
2015, titled ``Registration and Marking Requirements for Small Unmanned
Aircraft'' (80 Fed. Reg. 78593).
[[Page 132 STAT. 3312]]
(b) Metrics.--Upon receiving the assessment, the Secretary shall, to
the extent practicable, develop metrics to measure compliance with the
interim final rule described in subsection (a), and any subsequent final
rule, including metrics with respect to--
(1) the levels of compliance with the interim final rule and
any subsequent final rule;
(2) the number of enforcement actions taken by the
Administration for violations of or noncompliance with the
interim final rule and any subsequent final rule, together with
a description of the actions; and
(3) the effect of the interim final rule and any subsequent
final rule on compliance with any fees associated with the use
of small unmanned aircraft systems.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the to the appropriate
committees of Congress a report containing--
(1) the results of the assessment required under subsection
(a);
(2) the metrics required under subsection (b) and how the
Secretary will track these metrics; and
(3) recommendations to Congress for improvements to the
registration process for small unmanned aircraft, if necessary.
SEC. 372. <<NOTE: 49 USC 44810 note.>> ENFORCEMENT.
(a) UAS Safety Enforcement.--The Administrator of the Federal
Aviation Administration shall establish a pilot program to utilize
available remote detection or identification technologies for safety
oversight, including enforcement actions against operators of unmanned
aircraft systems that are not in compliance with applicable Federal
aviation laws, including regulations.
(b) Reporting.--As part of the pilot program, the Administrator
shall establish and publicize a mechanism for the public and Federal,
State, and local law enforcement to report suspected operation of
unmanned aircraft in violation of applicable Federal laws and
regulations.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of the FAA Reauthorization Act of 2018, and annually
thereafter through the duration of the pilot program established in
subsection (a), the Administrator shall submit to the appropriate
committees of Congress a report on the following:
(1) The number of unauthorized unmanned aircraft operations
detected in restricted airspace, including in and around
airports, together with a description of such operations.
(2) The number of enforcement cases brought by the Federal
Aviation Administration or other Federal agencies for
unauthorized operation of unmanned aircraft detected through the
program, together with a description of such cases.
(3) Recommendations for safety and operational standards for
unmanned aircraft detection and mitigation systems.
(4) Recommendations for any legislative or regulatory
changes related to mitigation or detection or identification of
unmanned aircraft systems.
(d) Sunset.--The pilot program established in subsection (a) shall
terminate on September 30, 2023.
(e) Civil Penalties.--Section 46301 of title 49, United States Code,
is amended--
[[Page 132 STAT. 3313]]
(1) in subsection (a)(1)(A), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717 and 44719-44723),'';
(2) in subsection (a)(5)(A)(i), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717-44723),'';
(3) in subsection (d)(2), by inserting ``chapter 448,''
after ``chapter 447 (except sections 44717 and 44719-44723),'';
and
(4) in subsection (f)(1)(A)(i), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717 and 44719-
44723),''.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue an
enforcement action for a violation of this subtitle or any other
applicable provision of aviation safety law or regulation using remote
detection or identification or other technology following the sunset of
the pilot program.
SEC. 373. FEDERAL AND LOCAL AUTHORITIES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a study on the relative roles of the Federal
Government, State, local and Tribal governments in the
regulation and oversight of low-altitude operations of unmanned
aircraft systems in the national airspace system; and
(2) submit to the appropriate committees of Congress a
report on the study, including the Comptroller General's
findings and conclusions.
(b) Contents.--The study under subsection (a) shall review the
following:
(1) The current state of the law with respect to Federal
authority over low-altitude operations of unmanned aircraft
systems in the national airspace system.
(2) The current state of the law with respect to State,
local, and Tribal authority over low-altitude operations of
unmanned aircraft systems in the national airspace system.
(3) Potential gaps between authorities under paragraphs (1)
and (2).
(4) The degree of regulatory consistency required among the
Federal Government, State governments, local governments, and
Tribal governments for the safe and financially viable growth
and development of the unmanned aircraft industry.
(5) The interests of Federal, State, local, and Tribal
governments affected by low-altitude operations of unmanned
aircraft systems and the authorities of those governments to
protect such interests.
(6) The infrastructure requirements necessary for monitoring
the low-altitude operations of small unmanned aircraft and
enforcing applicable laws.
SEC. 374. SPECTRUM.
(a) Report.--Not later than 270 days after the date of enactment of
this Act, and after consultation with relevant stakeholders, the
Administrator of the Federal Aviation Administration, the National
Telecommunications and Information Administration, and the Federal
Communications Commission, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House
[[Page 132 STAT. 3314]]
of Representatives, and the Committee on Energy and Commerce of the
House of Representatives a report--
(1) on whether unmanned aircraft systems operations should
be permitted, but not required, to operate on spectrum that was
recommended for allocation for AM(R)S and control links for UAS
by the World Radio Conferences in 2007 (L-band, 960-1164 MHz)
and 2012 (C-band, 5030-5091 MHz), on an unlicensed, shared, or
exclusive basis, for operations within the UTM system or outside
of such a system;
(2) that addresses any technological, statutory, regulatory,
and operational barriers to the use of such spectrum; and
(3) that, if it is determined that some spectrum frequencies
are not suitable for beyond-visual-line-of-sight operations by
unmanned aircraft systems, includes recommendations of other
spectrum frequencies that may be appropriate for such
operations.
(b) No Effect on Other Spectrum.--The report required under
subsection (a) does not prohibit or delay use of any licensed spectrum
to satisfy control links, tracking, diagnostics, payload communications,
collision avoidance, and other functions for unmanned aircraft systems
operations.
SEC. 375. <<NOTE: 49 USC 44801 note.>> FEDERAL TRADE COMMISSION
AUTHORITY.
(a) In General.--A violation of a privacy policy by a person that
uses an unmanned aircraft system for compensation or hire, or in the
furtherance of a business enterprise, in the national airspace system
shall be an unfair and deceptive practice in violation of section 5(a)
of the Federal Trade Commission Act (15 U.S.C. 45(a)).
(b) Definitions.--In this section, the terms ``unmanned aircraft''
and ``unmanned aircraft system'' have the meanings given those terms in
section 44801 of title 49, United States Code.
SEC. 376. <<NOTE: 49 USC 44802 note.>> PLAN FOR FULL OPERATIONAL
CAPABILITY OF UNMANNED AIRCRAFT SYSTEMS
TRAFFIC MANAGEMENT.
(a) In General.--In conjunction with completing the requirements of
section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49
U.S.C. 40101 note), subject to subsection (b) of this section, the
Administrator, in coordination with the Administrator of the National
Aeronautics and Space Administration, and in consultation with unmanned
aircraft systems industry stakeholders, shall develop a plan to allow
for the implementation of unmanned aircraft systems traffic management
(UTM) services that expand operations beyond visual line of sight, have
full operational capability, and ensure the safety and security of all
aircraft.
(b) Completion of UTM System Pilot Program.--The Administrator shall
ensure that the UTM system pilot program, as established in section 2208
of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101
note), is conducted to meet the following objectives of a comprehensive
UTM system by the conclusion of the pilot program:
(1) In cooperation with the National Aeronautics and Space
Administration and manned and unmanned aircraft industry
stakeholders, allow testing of unmanned aircraft operations, of
increasing volumes and density, in airspace above test ranges,
as such term is defined in section 44801 of title 49, United
States Code, as well as other sites determined by the
Administrator to be suitable for UTM testing, including those
[[Page 132 STAT. 3315]]
locations selected under the pilot program required in the
October 25, 2017, Presidential Memorandum entitled, ``Unmanned
Aircraft Systems Integration Pilot Program'' and described in 82
Federal Register 50301.
(2) Permit the testing of various remote identification and
tracking technologies evaluated by the Unmanned Aircraft Systems
Identification and Tracking Aviation Rulemaking Committee.
(3) Where the particular operational environment permits,
permit blanket waiver authority to allow any unmanned aircraft
approved by a UTM system pilot program selectee to be operated
under conditions currently requiring a case-by-case waiver under
part 107, title 14, Code of Federal Regulations, provided that
any blanket waiver addresses risks to airborne objects as well
as persons and property on the ground.
(c) Implementation Plan Contents.--The plan required by subsection
(a) shall--
(1) include the development of safety standards to permit,
authorize, or allow the use of UTM services, which may include
the demonstration and validation of such services at the test
ranges, as defined in section 44801 of title 49, United States
Code, or other sites as authorized by the Administrator;
(2) outline the roles and responsibilities of industry and
government in establishing UTM services that allow applicants to
conduct commercial and noncommercial operations, recognizing the
primary private sector role in the development and
implementation of the Low Altitude Authorization and
Notification Capability and future expanded UTM services;
(3) include an assessment of various components required for
necessary risk reduction and mitigation in relation to the use
of UTM services, including--
(A) remote identification of both cooperative and
non-cooperative unmanned aircraft systems in the
national airspace system;
(B) deconfliction of cooperative unmanned aircraft
systems in the national airspace system by such
services;
(C) the manner in which the Federal Aviation
Administration will conduct oversight of UTM systems,
including interfaces between UTM service providers and
air traffic control;
(D) the need for additional technologies to detect
cooperative and non-cooperative aircraft;
(E) collaboration and coordination with air traffic
control, or management services and technologies to
ensure the safety oversight of manned and unmanned
aircraft, including--
(i) the Federal Aviation Administration
responsibilities to collect and disseminate
relevant data to UTM service providers; and
(ii) data exchange protocols to share UAS
operator intent, operational approvals,
operational restraints, and other data necessary
to ensure safety or security of the National
Airspace System;
(F) the potential for UTM services to manage
unmanned aircraft systems carrying either cargo,
payload,
[[Page 132 STAT. 3316]]
or passengers, weighing more than 55 pounds, and
operating at altitudes higher than 400 feet above ground
level; and
(G) cybersecurity protections, data integrity, and
national and homeland security benefits; and
(4) establish a process for--
(A) accepting applications for operation of UTM
services in the national airspace system;
(B) setting the standards for independent private
sector validation and verification that the standards
for UTM services established pursuant to paragraph (1)
enabling operations beyond visual line of sight, have
been met by applicants; and
(C) notifying the applicant, not later than 120 days
after the Administrator receives a complete application,
with a written approval, disapproval, or request to
modify the application.
(d) Safety Standards.--In developing the safety standards in
subsection (c)(1), the Administrator--
(1) shall require that UTM services help ensure the safety
of unmanned aircraft and other aircraft operations that occur
primarily or exclusively in airspace 400 feet above ground level
and below, including operations conducted under a waiver issued
pursuant to subpart D of part 107 of title 14, Code of Federal
Regulations;
(2) shall consider, as appropriate--
(A) protection of persons and property on the
ground;
(B) remote identification and tracking of aircraft;
(C) collision avoidance with respect to obstacles
and non-cooperative aircraft;
(D) deconfliction of cooperative aircraft and
integration of other relevant airspace considerations;
(E) right of way rules, inclusive of UAS operations;
(F) safe and reliable coordination between air
traffic control and other systems operated in the
national airspace system;
(G) detection of non-cooperative aircraft;
(H) geographic and local factors including but not
limited to terrain, buildings and structures;
(I) aircraft equipage; and
(J) qualifications, if any, necessary to operate UTM
services; and
(3) may establish temporary flight restrictions or other
means available such as a certificate of waiver or authorization
(COA) for demonstration and validation of UTM services.
(e) Revocation.--The Administrator may revoke the permission,
authorization, or approval for the operation of UTM services if the
Administrator determines that the services or its operator are no longer
in compliance with applicable safety standards.
(f) Low-risk Areas.--The Administrator shall establish expedited
procedures for approval of UTM services operated in--
(1) airspace away from congested areas; or
(2) other airspace above areas in which operations of
unmanned aircraft pose low risk, as determined by the
Administrator.
(g) Consultation.--In carrying out this section, the Administrator
shall consult with other Federal agencies, as appropriate.
[[Page 132 STAT. 3317]]
(h) Sense of Congress.--It is the sense of Congress that, in
developing the safety standards for UTM services, the Federal Aviation
Administration shall consider ongoing research and development efforts
on UTM services conducted by--
(1) the National Aeronautics and Space Administration in
partnership with industry stakeholders;
(2) the UTM System pilot program required by section 2208 of
the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C.
40101 note); and
(3) the participants in the pilot program required in the
October 25, 2017, Presidential Memorandum entitled, ``Unmanned
Aircraft Systems Integration Pilot Program'' and described in 82
Federal Register 50301.
(i) Deadline.--Not later than 1 year after the date of conclusion of
the UTM pilot program established in section 2208 of the FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 40101 note), the
Administrator shall--
(1) complete the plan required by subsection (a);
(2) submit the plan to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
and the Committee on Transportation and Infrastructure
of the House of Representatives; and
(3) publish the plan on a publicly accessible Internet
website of the Federal Aviation Administration.
SEC. 377. <<NOTE: 49 USC 44802 note.>> EARLY IMPLEMENTATION OF
CERTAIN UTM SERVICES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall, upon request of a UTM
service provider, determine if certain UTM services may operate safely
in the national airspace system before completion of the implementation
plan required by section 376.
(b) Assessment of UTM Services.--In making the determination under
subsection (a), the Administrator shall assess, at a minimum, whether
the proposed UTM services, as a result of their operational
capabilities, reliability, intended use, areas of operation, and the
characteristics of the aircraft involved, will maintain the safety and
efficiency of the national airspace system and address any identified
risks to manned or unmanned aircraft and persons and property on the
ground.
(c) Requirements for Safe Operation.--If the Administrator
determines that certain UTM services may operate safely in the national
airspace system, the Administrator shall establish requirements for
their safe operation in the national airspace system.
(d) Expedited Procedures.--The Administrator shall provide expedited
procedures for making the assessment and determinations under this
section where the UTM services will be provided primarily or exclusively
in airspace above areas in which the operation of unmanned aircraft
poses low risk, including but not limited to croplands and areas other
than congested areas.
(e) Consultation.--In carrying out this section, the Administrator
shall consult with other Federal agencies, as appropriate.
(f) Preexisting UTM Services Approvals.--Nothing in this Act shall
affect or delay approvals, waivers, or exemptions granted by the
Administrator for UTM services already in existence or approved by the
Administrator prior to the date of enactment
[[Page 132 STAT. 3318]]
of this Act, including approvals under the Low Altitude Authorization
and Notification Capability.
SEC. 378. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each person that uses an unmanned aircraft system for
compensation or hire, or in the furtherance of a business
enterprise, except those operated for purposes protected by the
First Amendment of the Constitution, should have a written
privacy policy consistent with section 357 that is appropriate
to the nature and scope of the activities regarding the
collection, use, retention, dissemination, and deletion of any
data collected during the operation of an unmanned aircraft
system;
(2) each privacy policy described in paragraph (1) should be
periodically reviewed and updated as necessary; and
(3) each privacy policy described in paragraph (1) should be
publicly available.
SEC. 379. <<NOTE: 49 USC 44801 note.>> COMMERCIAL AND
GOVERNMENTAL OPERATORS.
(a) In General.--Not later than 270 days after the date of enactment
of this Act, the Administrator shall, to the extent practicable and
consistent with applicable law, make available in a single location on
the website of the Department of Transportation:
(1) Any certificate of waiver or authorization issued by the
Administration to Federal, State, tribal or local governments
for the operation of unmanned aircraft systems within 30 days of
issuance of such certificate of waiver or authorization.
(2) A spreadsheet of UAS registrations, including the city,
state, and zip code of each registered drone owner, on its
website that is updated once per quarter each calendar year.
(3) Summary descriptions and general purposes of public
unmanned aircraft operations, including the locations where such
unmanned aircraft may generally operate.
(4) Summary descriptions of common civil unmanned aircraft
operations.
(5) The expiration date of any authorization of public or
civil unmanned aircraft operations.
(6) Links to websites of State agencies that enforce any
applicable privacy laws.
(7) For any unmanned aircraft system, except with respect to
any operation protected by the First Amendment to the
Constitution of the United States, that will collect personally
identifiable information about individuals, including the use of
facial recognition--
(A) the circumstance under which the system will be
used;
(B) the specific kinds of personally identifiable
information that the system will collect about
individuals; and
(C) how the information referred to in subparagraph
(B), and the conclusions drawn from such information,
will be used, disclosed, and otherwise handled,
including--
(i) how the collection or retention of such
information that is unrelated to the specific use
will be minimized;
(ii) under what circumstances such information
might be sold, leased, or otherwise provided to
third parties;
[[Page 132 STAT. 3319]]
(iii) the period during which such information
will be retained;
(iv) when and how such information, including
information no longer relevant to the specified
use, will be destroyed; and
(v) steps that will be used to protect against
the unauthorized disclosure of any information or
data, such as the use of encryption methods and
other security features.
(8) With respect to public unmanned aircraft systems--
(A) the locations where the unmanned aircraft system
will operate;
(B) the time during which the unmanned aircraft
system will operate;
(C) the general purpose of the flight; and
(D) the technical capabilities that the unmanned
aircraft system possesses.
(b) Exceptions.--The Administrator shall not disclose information
pursuant to subsection (a) if the Administrator determines that the
release of such information--
(1) is not applicable;
(2) is not practicable, including when the information is
not available to the Administrator;
(3) is not in compliance with applicable law;
(4) would compromise national defense, homeland security or
law enforcement activity;
(5) would be withheld pursuant to an exception of the
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act''); or
(6) is otherwise contrary to the public interest.
(c) Sunset.--This section will cease to be effective on the date
that is the earlier of--
(1) the date of publication of a Notice of Proposed
Rulemaking or guidance regarding remote identification standards
under section 2202 of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 615); or
(2) September 30, 2023.
SEC. 380. <<NOTE: 49 USC 44802 note.>> TRANSITION LANGUAGE.
(a) Regulations.--Notwithstanding the repeals under sections 341,
348, 347, and 383 of this Act, all orders, determinations, rules,
regulations, permits, grants, and contracts, which have been issued
under any law described under subsection (b) of this section before the
effective date of this Act shall continue in effect until modified or
revoked by the Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration, as applicable, by
a court of competent jurisdiction, or by operation of law other than
this Act.
(b) Laws Described.--The laws described under this subsection are as
follows:
(1) Section 332 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(2) Section 333 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(3) Section 334 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
[[Page 132 STAT. 3320]]
(4) Section 2206 of the FAA Extension, Safety, and Security
Act of 2016 (Public Law 114-190; 130 Stat. 615).
(c) Effect on Pending Proceedings.--This Act shall not affect
administrative or judicial proceedings pending on the effective date of
this Act.
SEC. 381. UNMANNED AIRCRAFT SYSTEMS IN RESTRICTED BUILDINGS OR
GROUNDS.
Section 1752 of title 18, United States Code, is amended by adding
after subsection (a)(4) the following:
``(5) knowingly and willfully operates an unmanned aircraft
system with the intent to knowingly and willfully direct or
otherwise cause such unmanned aircraft system to enter or
operate within or above a restricted building or grounds;''.
SEC. 382. PROHIBITION.
(a) Amendment.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 40A. <<NOTE: 18 USC 40A.>> Operation of unauthorized
unmanned aircraft over wildfires
``(a) In General.--Except as provided in subsection (b), an
individual who operates an unmanned aircraft and knowingly or recklessly
interferes with a wildfire suppression, or law enforcement or emergency
response efforts related to a wildfire suppression, shall be fined under
this title, imprisoned for not more than 2 years, or both.
``(b) Exceptions.--This section does not apply to the operation of
an unmanned aircraft conducted by a unit or agency of the United States
Government or of a State, tribal, or local government (including any
individual conducting such operation pursuant to a contract or other
agreement entered into with the unit or agency) for the purpose of
protecting the public safety and welfare, including firefighting, law
enforcement, or emergency response.
``(c) Definitions.--In this section, the following definitions
apply:
``(1) Unmanned aircraft.--The term `unmanned aircraft' has
the meaning given the term in section 44801 of title 49, United
States Code.
``(2) Wildfire.--The term `wildfire' has the meaning given
that term in section 2 of the Emergency Wildfire Suppression Act
(42 U.S.C. 1856m).
``(3) Wildfire suppression.--The term `wildfire suppression'
means an effort to contain, extinguish, or suppress a
wildfire.''.
(b) Conforming Amendment.--The table of sections for chapter 2 of
title 18, United States Code, <<NOTE: 18 USC 31 prec.>> is amended by
inserting after the item relating to section 40 the following:
``40A. Operation of unauthorized unmanned aircraft over wildfires.''.
SEC. 383. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND
ENFORCEMENT.
(a) In General.--Chapter 448 of title 49, United States Code, as
amended by this Act, is further amended by inserting at the end the
following:
[[Page 132 STAT. 3321]]
``Sec. 44810. <<NOTE: 49 USC 44810.>> Airport safety and airspace
hazard mitigation and enforcement
``(a) Coordination.--The Administrator of the Federal Aviation
Administration shall work with the Secretary of Defense, the Secretary
of Homeland Security, and the heads of other relevant Federal
departments and agencies for the purpose of ensuring that technologies
or systems that are developed, tested, or deployed by Federal
departments and agencies to detect and mitigate potential risks posed by
errant or hostile unmanned aircraft system operations do not adversely
impact or interfere with safe airport operations, navigation, air
traffic services, or the safe and efficient operation of the national
airspace system.
``(b) Plan.--
``(1) In general.--The Administrator shall develop a plan
for the certification, permitting, authorizing, or allowing of
the deployment of technologies or systems for the detection and
mitigation of unmanned aircraft systems.
``(2) Contents.--The plan shall provide for the development
of policies, procedures, or protocols that will allow
appropriate officials of the Federal Aviation Administration to
utilize such technologies or systems to take steps to detect and
mitigate potential airspace safety risks posed by unmanned
aircraft system operations.
``(3) Aviation rulemaking committee.--The Administrator
shall charter an aviation rulemaking committee to make
recommendations for such a plan and any standards that the
Administrator determines may need to be developed with respect
to such technologies or systems. The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to an aviation rulemaking
committee chartered under this paragraph.
``(4) Non-delegation.--The plan shall not delegate any
authority granted to the Administrator under this section to
other Federal, State, local, territorial, or tribal agencies, or
an airport sponsor, as defined in section 47102 of title 49,
United States Code.
``(c) Airspace Hazard Mitigation Program.--In order to test and
evaluate technologies or systems that detect and mitigate potential
aviation safety risks posed by unmanned aircraft, the Administrator
shall deploy such technologies or systems at 5 airports, including 1
airport that ranks in the top 10 of the FAA's most recent Passenger
Boarding Data.
``(d) Authority.--Under the testing and evaluation in subsection
(c), the Administrator shall use unmanned aircraft detection and
mitigation systems to detect and mitigate the unauthorized operation of
an unmanned aircraft that poses a risk to aviation safety.
``(e) Aip Funding Eligibility.--Upon the certification, permitting,
authorizing, or allowing of such technologies and systems that have been
successfully tested under this section, an airport sponsor may apply for
a grant under subchapter I of chapter 471 to purchase an unmanned
aircraft detection and mitigation system. For purposes of this
subsection, purchasing an unmanned aircraft detection and mitigation
system shall be considered airport development (as defined in section
47102).
``(f) Briefing.--The Administrator shall annually brief the
appropriate committees of Congress, including the Committee on
[[Page 132 STAT. 3322]]
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate, on the implementation of this section.
``(g) Applicability of Other Laws.--Section 46502 of this title,
section 32 of title 18, United States Code (commonly known as the
Aircraft Sabotage Act), section 1031 of title 18, United States Code
(commonly known as the Computer Fraud and Abuse Act of 1986), sections
2510-2522 of title 18, United States Code (commonly known as the Wiretap
Act), and sections 3121-3127 of title 18, United States Code (commonly
known as the Pen/Trap Statute), shall not apply to activities authorized
by the Administrator pursuant to subsection (c) and (d).
``(h) Sunset.--This section ceases to be effective September 30,
2023.
``(i) Non-delegation.--The Administrator shall not delegate any
authority granted to the Administrator under this section to other
Federal, State, local, territorial, or tribal agencies, or an airport
sponsor, as defined in section 47102 of title 49, United States Code.
The Administrator may partner with other Federal agencies under this
section, subject to any restrictions contained in such agencies'
authority to operate counter unmanned aircraft systems.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by this Act, <<NOTE: 49 USC 44801 prec.>> is
further amended by inserting at the end the following:
``44810. Airport safety and airspace hazard mitigation and
enforcement.''.
(2) Pilot project for airport safety and airspace hazard
mitigation.--Section 2206 of the FAA Extension, Safety, and
Security Act of 2016 (Public Law 114-190; 130 Stat. 615) and the
item relating to that section in the table of contents under
section 1(b) of that Act <<NOTE: 49 USC 40101 note.>> are
repealed.
SEC. 384. UNSAFE OPERATION OF UNMANNED AIRCRAFT.
(a) In General.--Chapter 2 of title 18, United States Code, is
amended by inserting after section 39A the following:
``Sec. 39B. <<NOTE: 18 USC 39B.>> Unsafe operation of unmanned
aircraft
``(a) Offense.--Any person who operates an unmanned aircraft and:
``(1) Knowingly interferes with, or disrupts the operation
of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a manner
that poses an imminent safety hazard to such occupants, shall be
punished as provided in subsection (c).
``(2) Recklessly interferes with, or disrupts the operation
of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a manner
that poses an imminent safety hazard to such occupants, shall be
punished as provided in subsection (c).
``(b) Operation of Unmanned Aircraft in Close Proximity to
Airports.--
``(1) In general.--Any person who, without authorization,
knowingly operates an unmanned aircraft within a runway
exclusion zone shall be punished as provided in subsection (c).
[[Page 132 STAT. 3323]]
``(2) Runway exclusion zone defined.--In this subsection,
the term `runway exclusion zone' means a rectangular area--
``(A) centered on the centerline of an active runway
of an airport immediately around which the airspace is
designated as class B, class C, or class D airspace at
the surface under part 71 of title 14, Code of Federal
Regulations; and
``(B) the length of which extends parallel to the
runway's centerline to points that are 1 statute mile
from each end of the runway and the width of which is
\1/2\ statute mile.
``(c) Penalty.--
``(1) In general.--Except as provided in paragraph (2), the
punishment for an offense under subsections (a) or (b) shall be
a fine under this title, imprisonment for not more than 1 year,
or both.
``(2) Serious bodily injury or death.--Any person who:
``(A) Causes serious bodily injury or death during
the commission of an offense under subsection (a)(2)
shall be fined under this title, imprisoned for a term
of up to 10 years, or both.
``(B) Causes, or attempts or conspires to cause,
serious bodily injury or death during the commission of
an offense under subsections (a)(1) and (b) shall be
fined under this title, imprisoned for any term of years
or for life, or both.''.
(b) Table of Contents.--The table of contents for chapter 2 of title
18, United States Code, <<NOTE: 18 USC 31 prec.>> is amended by
inserting after the item relating to section 39A the following:
``39B. Unsafe operation of unmanned aircraft.''.
Subtitle C <<NOTE: Fairness for Pilots Act.>> --General Aviation Safety
SEC. 391. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This subtitle may be cited as the ``Fairness for Pilots Act''.
SEC. 392. EXPANSION OF PILOT'S BILL OF RIGHTS.
(a) Notification of Investigation.--Subsection (b) of section 2 of
the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 49
U.S.C. 44703 note) is amended--
(1) in paragraph (2)(A), by inserting ``and the specific
activity on which the investigation is based'' after ``nature of
the investigation'';
(2) in paragraph (3), by striking ``timely''; and
(3) in paragraph (5), by striking ``section 44709(c)(2)''
and inserting ``section 44709(e)(2)''.
(b) Release of Investigative Reports.--Section 2 of the Pilot's Bill
of Rights (Public Law 112-153; 126 Stat. 1159; 49 U.S.C. 44703 note) is
further amended by adding at the end the following:
``(f) Release of Investigative Reports.--
``(1) In general.--
``(A) Emergency orders.--In any proceeding conducted
under part 821 of title 49, Code of Federal Regulations,
relating to the amendment, modification, suspension, or
revocation of an airman certificate, in which the
Administrator issues an emergency order under
subsections
[[Page 132 STAT. 3324]]
(d) and (e) of section 44709, section 44710, or section
46105(c) of title 49, United States Code, or another
order that takes effect immediately, the Administrator
shall provide, upon request, to the individual holding
the airman certificate the releasable portion of the
investigative report at the time the Administrator
issues the order. If the complete Report of
Investigation is not available at the time of the
request, the Administrator shall issue all portions of
the report that are available at the time and shall
provide the full report not later than 5 days after its
completion.
``(B) Other orders.--In any nonemergency proceeding
conducted under part 821 of title 49, Code of Federal
Regulations, relating to the amendment, modification,
suspension, or revocation of an airman certificate, in
which the Administrator notifies the certificate holder
of a proposed certificate action under subsections (b)
and (c) of section 44709 or section 44710 of title 49,
United States Code, the Administrator shall, upon the
written request of the covered certificate holder and at
any time after that notification, provide to the covered
certificate holder the releasable portion of the
investigative report.
``(2) Motion for dismissal.--If the Administrator does not
provide the releasable portions of the investigative report to
the individual holding the airman certificate subject to the
proceeding referred to in paragraph (1) by the time required by
that paragraph, the individual may move to dismiss the complaint
of the Administrator or for other relief and, unless the
Administrator establishes good cause for the failure to provide
the investigative report or for a lack of timeliness, the
administrative law judge shall order such relief as the judge
considers appropriate.
``(3) Releasable portion of investigative report.--For
purposes of paragraph (1), the releasable portion of an
investigative report is all information in the report, except
for the following:
``(A) Information that is privileged.
``(B) Information that constitutes work product or
reflects internal deliberative process.
``(C) Information that would disclose the identity
of a confidential source.
``(D) Information the disclosure of which is
prohibited by any other provision of law.
``(E) Information that is not relevant to the
subject matter of the proceeding.
``(F) Information the Administrator can demonstrate
is withheld for good cause.
``(G) Sensitive security information, as defined in
section 15.5 of title 49, Code of Federal Regulations
(or any corresponding similar ruling or regulation).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent the Administrator from releasing
to an individual subject to an investigation described in
subsection (b)(1)--
``(A) information in addition to the information
included in the releasable portion of the investigative
report; or
[[Page 132 STAT. 3325]]
``(B) a copy of the investigative report before the
Administrator issues a complaint.''.
SEC. 393. NOTIFICATION OF REEXAMINATION OF CERTIFICATE HOLDERS.
(a) In General.--Section 44709(a) of title 49, United States Code,
is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator'';
(2) by adding at the end the following:
``(2) Notification of reexamination of airman.--Before
taking any action to reexamine an airman under paragraph (1) the
Administrator shall provide to the airman--
``(A) a reasonable basis, described in detail, for
requesting the reexamination; and
``(B) any information gathered by the Federal
Aviation Administration, that the Administrator
determines is appropriate to provide, such as the scope
and nature of the requested reexamination, that formed
the basis for that justification.''.
SEC. 394. <<NOTE: 49 USC 44701 note.>> EXPEDITING UPDATES TO NOTAM
PROGRAM.
(a) In General.--Beginning on the date that is 180 days after the
date of enactment of this Act, the Administrator may not take any
enforcement action against any individual for a violation of a NOTAM (as
defined in section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701
note)) until the Administrator certifies to the appropriate committees
of Congress that the Administrator has complied with the requirements of
section 3 of the Pilot's Bill of Rights, as amended by this section.
(b) Amendments.--Section 3 of the Pilot's Bill of Rights (Public Law
112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``this Act'' and inserting
``the Fairness for Pilots Act''; and
(ii) by striking ``begin'' and inserting
``complete the implementation of'';
(B) by amending subparagraph (B) to read as follows:
``(B) to continue developing and modernizing the
NOTAM repository, in a public central location, to
maintain and archive all NOTAMs, including the original
content and form of the notices, the original date of
publication, and any amendments to such notices with the
date of each amendment, in a manner that is Internet-
accessible, machine-readable, and searchable;'';
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) to specify the times during which temporary
flight restrictions are in effect and the duration of a
designation of special use airspace in a specific
area.''; and
(2) by amending subsection (d) to read as follows:
``(d) Designation of Repository as Sole Source for NOTAMs.--
``(1) In general.--The Administrator--
[[Page 132 STAT. 3326]]
``(A) shall consider the repository for NOTAMs under
subsection (a)(2)(B) to be the sole location for airmen
to check for NOTAMs; and
``(B) may not consider a NOTAM to be announced or
published until the NOTAM is included in the repository
for NOTAMs under subsection (a)(2)(B).
``(2) Prohibition on taking action for violations of notams
not in repository.--
``(A) In general.--Except as provided in
subparagraph (B), beginning on the date that the
repository under subsection (a)(2)(B) is final and
published, the Administrator may not take any
enforcement action against an airman for a violation of
a NOTAM during a flight if--
``(i) that NOTAM is not available through the
repository before the commencement of the flight;
and
``(ii) that NOTAM is not reasonably accessible
and identifiable to the airman.
``(B) Exception for national security.--Subparagraph
(A) shall not apply in the case of an enforcement action
for a violation of a NOTAM that directly relates to
national security.''.
SEC. 395. ACCESSIBILITY OF CERTAIN FLIGHT DATA.
(a) In General.--Subchapter I of chapter 471 of title 49, United
States Code, is amended by inserting after section 47124 the following:
``Sec. 47124a. <<NOTE: 49 USC 47124a.>> Accessibility of certain
flight data
``(a) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the
Federal Aviation Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(3) Applicable individual.--The term `applicable
individual' means an individual who is the subject of an
investigation initiated by the Administrator related to a
covered flight record.
``(4) Contract tower.--The term `contract tower' means an
air traffic control tower providing air traffic control services
pursuant to a contract with the Administration under section
47124.
``(5) Covered flight record.--The term `covered flight
record' means any air traffic data (as defined in section
2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703
note)), created, maintained, or controlled by any program of the
Administration, including any program of the Administration
carried out by employees or contractors of the Administration,
such as contract towers, flight service stations, and controller
training programs.
``(b) Provision of Covered Flight Record to Administration.--
``(1) Requests.--Whenever the Administration receives a
written request for a covered flight record from an applicable
individual and the covered flight record is not in the
possession of the Administration, the Administrator shall
request the covered flight record from the contract tower or
other contractor of the Administration in possession of the
covered flight record.
[[Page 132 STAT. 3327]]
``(2) Provision of records.--Any covered flight record
created, maintained, or controlled by a contract tower or
another contractor of the Administration that maintains covered
flight records shall be provided to the Administration if the
Administration requests the record pursuant to paragraph (1).
``(3) Notice of proposed certificate action.--If the
Administrator has issued, or subsequently issues, a Notice of
Proposed Certificate Action relying on evidence contained in the
covered flight record and the individual who is the subject of
an investigation has requested the record, the Administrator
shall promptly produce the record and extend the time the
individual has to respond to the Notice of Proposed Certificate
Action until the covered flight record is provided.
``(c) Implementation.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Fairness for Pilots Act, the Administrator
shall promulgate regulations or guidance to ensure compliance
with this section.
``(2) Compliance by contractors.--
``(A) In general.--Compliance with this section by a
contract tower or other contractor of the Administration
that maintains covered flight records shall be included
as a material term in any contract between the
Administration and the contract tower or contractor
entered into or renewed on or after the date of
enactment of the Fairness for Pilots Act.
``(B) Nonapplicability.--Subparagraph (A) shall not
apply to any contract or agreement in effect on the date
of enactment of the Fairness for Pilots Act unless the
contract or agreement is renegotiated, renewed, or
modified after that date.
``(d) Protection of Certain Data.--The Administrator of the Federal
Aviation Administration may withhold information that would otherwise be
required to be made available under section only if--
``(1) the Administrator determines, based on information in
the possession of the Administrator, that the Administrator may
withhold the information in accordance with section 552a of
title 5, United States Code; or
``(2) the information is submitted pursuant to a voluntary
safety reporting program covered by section 40123 of title 49,
United States Code.''.
(b) Technical and Conforming Amendments.--The table of contents for
chapter 471 <<NOTE: 49 USC 47101 prec.>> is amended by inserting after
the item relating to section 47124 the following:
``47124a. Accessibility of certain flight data.''.
SEC. 396. <<NOTE: 49 USC 46101 note.>> AUTHORITY FOR LEGAL
COUNSEL TO ISSUE CERTAIN NOTICES.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall designate the appropriate legal counsel of the
Administration as an appropriate official for purposes of section 13.11
of title 14, Code of Federal Regulations.
[[Page 132 STAT. 3328]]
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Airline Customer Service Improvements
SEC. 401. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.
In this title:
(1) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier as those terms are
defined in section 40102 of title 49, United States Code.
(2) Online service.--The term ``online service'' means any
service available over the internet, or that connects to the
internet or a wide-area network.
(3) Ticket agent.--The term ``ticket agent'' has the meaning
given the term in section 40102 of title 49, United States Code.
SEC. 402. RELIABLE AIR SERVICE IN AMERICAN SAMOA.
Section 40109(g) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking subparagraph (C) and
inserting the following:
``(C) review the exemption at least every 30 days (or, in
the case of an exemption that is necessary to provide and
sustain air transportation in American Samoa between the islands
of Tutuila and Manu'a, at least every 180 days) to ensure that
the unusual circumstances that established the need for the
exemption still exist.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Renewal of exemptions.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary may renew an exemption
(including renewals) under this subsection for not more
than 30 days.
``(B) Exception.--The Secretary may renew an
exemption (including renewals) under this subsection
that is necessary to provide and sustain air
transportation in American Samoa between the islands of
Tutuila and Manu'a for not more than 180 days.
``(4) Continuation of exemptions.--An exemption granted by
the Secretary under this subsection may continue for not more
than 5 days after the unusual circumstances that established the
need for the exemption cease.''.
SEC. 403. CELL PHONE VOICE COMMUNICATION BAN.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41725. <<NOTE: 49 USC 41725.>> Prohibition on certain cell
phone voice communications
``(a) Prohibition.--The Secretary of Transportation shall issue
regulations--
``(1) to prohibit an individual on an aircraft from engaging
in voice communications using a mobile communications device
during a flight of that aircraft in scheduled passenger
interstate or intrastate air transportation; and
[[Page 132 STAT. 3329]]
``(2) that exempt from the prohibition described in
paragraph (1) any--
``(A) member of the flight crew on duty on an
aircraft;
``(B) flight attendant on duty on an aircraft; and
``(C) Federal law enforcement officer acting in an
official capacity.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Flight.--The term `flight' means, with respect to an
aircraft, the period beginning when the aircraft takes off and
ending when the aircraft lands.
``(2) Mobile communications device.--
``(A) In general.--The term `mobile communications
device' means any portable wireless telecommunications
equipment utilized for the transmission or reception of
voice data.
``(B) Limitation.--The term `mobile communications
device' does not include a phone installed on an
aircraft.''.
(b) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, <<NOTE: 49 USC 41701 prec.>> is amended by
inserting after the item relating to section 41724 the following:
``41725. Prohibition on certain cell phone voice communications.''.
SEC. 404. IMPROVED NOTIFICATION OF INSECTICIDE USE.
Section 42303(b) of title 49, United States Code, is amended to read
as follows:
``(b) Required Disclosures.--An air carrier, foreign air carrier, or
ticket agent selling, in the United States, a ticket for a flight in
foreign air transportation to a country listed on the internet website
established under subsection (a) shall--
``(1) disclose, on its own internet website or through other
means, that the destination country may require the air carrier
or foreign air carrier to treat an aircraft passenger cabin with
insecticides prior to the flight or to apply an aerosol
insecticide in an aircraft cabin used for such a flight when the
cabin is occupied with passengers; and
``(2) refer the purchaser of the ticket to the internet
website established under subsection (a) for additional
information.''.
SEC. 405. CONSUMER COMPLAINTS HOTLINE.
Section 42302 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Use of New Technologies.--The Secretary shall periodically
evaluate the benefits of using mobile phone applications or other widely
used technologies to provide new means for air passengers to communicate
complaints in addition to the telephone number established under
subsection (a) and shall provide such new means as the Secretary
determines appropriate.''.
SEC. 406. CONSUMER INFORMATION ON ACTUAL FLIGHT TIMES.
(a) Study.--The Secretary of Transportation shall conduct a study on
the feasibility and advisability of modifying regulations contained in
section 234.11 of title 14, Code of Federal Regulations, to ensure
that--
(1) a reporting carrier (including its contractors), during
the course of a reservation or ticketing discussion or other
inquiry, discloses to a consumer upon reasonable request the
[[Page 132 STAT. 3330]]
projected period between the actual wheels-off and wheels-on
times for a reportable flight; and
(2) a reporting carrier displays, on the public internet
website of the carrier, information on the actual wheels-off and
wheels-on times during the most recent calendar month for a
reportable flight.
(b) Definitions.--In this section, the terms ``reporting carrier''
and ``reportable flight'' have the meanings given those terms in section
234.2 of title 14, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
results of the study.
SEC. 407. <<NOTE: 49 USC 40127 note.>> TRAINING POLICIES
REGARDING RACIAL, ETHNIC, AND RELIGIOUS
NONDISCRIMINATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress and the Secretary
of Transportation a report describing--
(1) each air carrier's training policy for its employees and
contractors regarding racial, ethnic, and religious
nondiscrimination; and
(2) how frequently an air carrier is required to train new
employees and contractors because of turnover in positions that
require such training.
(b) Best Practices.--After the date the report is submitted under
subsection (a), the Secretary shall develop and disseminate to air
carriers best practices necessary to improve the training policies
described in subsection (a), based on the findings of the report and in
consultation with--
(1) passengers of diverse racial, ethnic, and religious
backgrounds;
(2) national organizations that represent impacted
communities;
(3) air carriers;
(4) airport operators; and
(5) contract service providers.
SEC. 408. TRAINING ON HUMAN TRAFFICKING FOR CERTAIN STAFF.
(a) In General.--Chapter 447 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 44738. <<NOTE: 49 USC 44738.>> Training on human
trafficking for certain staff
``In addition to other training requirements, each air carrier shall
provide training to ticket counter agents, gate agents, and other air
carrier workers whose jobs require regular interaction with passengers
on recognizing and responding to potential human trafficking victims.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, as amended by this Act, <<NOTE: 49 USC 44701
prec.>> is further amended by adding at the end the following:
``44738. Training on human trafficking for certain staff.''.
[[Page 132 STAT. 3331]]
SEC. 409. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.
Section 41706 of title 49, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Electronic Cigarettes.--
``(1) Inclusion.--The use of an electronic cigarette shall
be treated as smoking for purposes of this section.
``(2) Electronic cigarette defined.--In this section, the
term `electronic cigarette' means a device that delivers
nicotine to a user of the device in the form of a vapor that is
inhaled to simulate the experience of smoking.''.
SEC. 410. REPORT ON BAGGAGE REPORTING REQUIREMENTS.
Not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall--
(1) study and publicize for comment a cost-benefit analysis
to air carriers and consumers of changing the baggage reporting
requirements of section 234.6 of title 14, Code of Federal
Regulations, before the implementation of such requirements; and
(2) submit a report on the findings of the cost-benefit
analysis to the appropriate committees of Congress.
SEC. 411. ENFORCEMENT OF AVIATION CONSUMER PROTECTION RULES.
(a) In General.--The Comptroller General of the United States shall
conduct a study to consider and evaluate Department of Transportation
enforcement of aviation consumer protection rules.
(b) Contents.--The study under subsection (a) shall include an
evaluation of--
(1) available enforcement mechanisms;
(2) any obstacles to enforcement; and
(3) trends in Department of Transportation enforcement
actions.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the study, including the Comptroller
General's findings, conclusions, and recommendations.
SEC. 412. STROLLERS.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, as amended by this Act, is further amended by adding at the
end the following:
``Sec. 41726. <<NOTE: 49 USC 41726.>> Strollers
``(a) In General.--Except as provided in subsection (b), a covered
air carrier shall not deny a passenger the ability to check a stroller
at the departure gate if the stroller is being used by a passenger to
transport a child traveling on the same flight as the passenger.
``(b) Exception.--Subsection (a) shall not apply in instances where
the size or weight of the stroller poses a safety or security risk.
``(c) Covered Air Carrier Defined.--In this section, the term
`covered air carrier' means an air carrier or a foreign air carrier as
those terms are defined in section 40102 of title 49, United States
Code.''.
[[Page 132 STAT. 3332]]
(b) Table of Contents.--The analysis for chapter 417 of title 49,
United States Code, <<NOTE: 49 USC 41701 prec.>> is further amended by
inserting after the item relating to section 41725 the following:
``41726. Strollers.''.
SEC. 413. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Federal Aviation
Administration, shall review the categorization of delays and
cancellations with respect to air carriers that are required to
report such data.
(2) Considerations.--In conducting the review under
paragraph (1), the Secretary shall consider, at a minimum--
(A) whether delays and cancellations were the result
of--
(i) decisions or matters within the control or
within the discretion of the Federal Aviation
Administration, including ground stop or delay
management programs in response to adverse weather
conditions;
(ii) business decisions or other matters
within the air carrier's control or discretion in
response to adverse weather conditions, including
efforts to disrupt the travel of the fewest number
of passengers; or
(iii) other factors;
(B) if the data indicate whether and to what extent
delays and cancellations attributed by an air carrier to
weather disproportionately impact service to smaller
airports and communities;
(C) whether it is an unfair or deceptive practice
for an air carrier to inform a passenger that a flight
is delayed or cancelled due to weather alone when other
factors are involved;
(D) limitations, if any, in the Federal Aviation
Administration air traffic control systems that reduce
the capacity or efficiency of the national airspace
system during adverse weather events; and
(E) relevant analytical work by academic
institutions.
(3) Consultation.--The Secretary may consult air carriers
and the Advisory Committee for Aviation Consumer Protection,
established under section 411 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 42301 prec. note), to assist in
conducting the review and providing recommendations on improving
the quality and quantity of information provided to passengers
adversely affected by a cancellation or delay.
(b) Report.--Not later than 90 days after the date the review under
subsection (a) is complete, the Secretary shall submit to the
appropriate committees of Congress a report on the review under
subsection (a), including any recommendations.
(c) Savings Provision.--Nothing in this section shall be construed
as affecting or penalizing--
(1) the decision of an air carrier to maximize its system
capacity during weather-related events to accommodate the
greatest number of passengers; or
[[Page 132 STAT. 3333]]
(2) any decisions of an air carrier or the Federal Aviation
Administration in any matter related to or affecting the safety
of any person.
SEC. 414. INVOLUNTARY CHANGES TO ITINERARIES.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
review the rate at which air carriers change passenger
itineraries more than 24 hours before departure, where the new
itineraries involve additional stops or depart 3 hours earlier
or later than originally scheduled and compensation or other
suitable air transportation is not offered. In conducting the
review, the Secretary shall consider the compensation and
alternative travel options provided or offered by the air
carrier in such situations.
(2) Consultation.--The Secretary may consult with air
carriers and the Advisory Committee for Aviation Consumer
Protection, established under section 411 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec.
note), to assist in conducting the review and providing
recommendations.
(b) Report.--Not later than 90 days after the date the review under
subsection (a) is complete, the Secretary shall submit to appropriate
committees of Congress a report on the review under subsection (a).
SEC. 415. EXTENSION OF ADVISORY COMMITTEE FOR AVIATION CONSUMER
PROTECTION.
Section 411 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 42301 prec. note) is amended in subsection (h) by striking
``2018'' and inserting ``2023''.
SEC. 416. ONLINE ACCESS TO AVIATION CONSUMER PROTECTION
INFORMATION.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall--
(1) complete an evaluation of the aviation consumer
protection portion of the Department of Transportation's public
internet website to identify any changes to the user interface,
including the interface presented to individuals accessing the
website from a mobile device, that will improve usability,
accessibility, consumer satisfaction, and website performance;
(2) in completing the evaluation under paragraph (1)--
(A) consider the best practices of other Federal
agencies with effective websites; and
(B) consult with the Federal Web Managers Council;
(3) develop a plan, including an implementation timeline,
for--
(A) making the changes identified under paragraph
(1); and
(B) making any necessary changes to that portion of
the website that will enable a consumer, in a manner
that protects the privacy of consumers and employees,
to--
(i) access information regarding each
complaint filed with the Aviation Consumer
Protection Division of the Department of
Transportation;
[[Page 132 STAT. 3334]]
(ii) search the complaints described in clause
(i) by the name of the air carrier, the dates of
departure and arrival, the airports of origin and
departure, and the type of complaint; and
(iii) determine the date a complaint was filed
and the date a complaint was resolved; and
(4) submit the evaluation and plan to appropriate committees
of Congress.
SEC. 417. PROTECTION OF PETS ON AIRPLANES.
(a) Prohibition.--Chapter 447 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 44739. <<NOTE: 49 USC 44739.>> Pets on airplanes
``(a) Prohibition.--It shall be unlawful for any person to place a
live animal in an overhead storage compartment of an aircraft operated
under part 121 of title 14, Code of Federal Regulations.
``(b) Civil Penalty.--The Administrator may impose a civil penalty
under section 46301 for each violation of this section.''.
(b) Conforming Amendment.--The analysis for chapter 447 of title 49,
United States Code, <<NOTE: 49 USC 44701 prec.>> is further amended by
adding at the end the following:
``44739. Pets on airplanes.''.
SEC. 418. <<NOTE: 49 USC 42301 note prec.>> ADVISORY COMMITTEE ON
AIR AMBULANCE AND PATIENT BILLING.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the
Secretary of Health and Human Services, shall establish an advisory
committee for the purpose of reviewing options to improve the disclosure
of charges and fees for air medical services, better inform consumers of
insurance options for such services, and protect consumers from balance
billing.
(b) Composition of the Advisory Committee.--The advisory committee
shall be composed of the following members:
(1) The Secretary of Transportation, or the Secretary's
designee.
(2) The Secretary of Health and Human Services, or the
Secretary's designee.
(3) One representative, to be appointed by the Secretary of
Transportation, of each of the following:
(A) Each relevant Federal agency, as determined by
the Secretary of Transportation.
(B) State insurance regulators
(C) Health insurance providers.
(D) Patient advocacy groups.
(E) Consumer advocacy groups.
(F) Physician specializing in emergency, trauma,
cardiac, or stroke.
(4) Three representatives, to be appointed by the Secretary
of Transportation, to represent the various segments of the air
ambulance industry.
(5) Additional three representatives not covered under
paragraphs (1) through (4), as determined necessary and
appropriate by the Secretary.
[[Page 132 STAT. 3335]]
(c) Consultation.--The advisory committee shall, as appropriate,
consult with relevant experts and stakeholders not captured in (b) while
conducting its review.
(d) Recommendations.--The advisory committee shall make
recommendations with respect to disclosure of charges and fees for air
ambulance services and insurance coverage, consumer protection and
enforcement authorities of both the Department of Transportation and
State authorities, and the prevention of balance billing to consumers.
The recommendations shall address, at a minimum--
(1) the costs, benefits, practicability, and impact on all
stakeholders of clearly distinguishing between charges for air
transportation services and charges for non-air transportation
services in bills and invoices, including the costs, benefits,
and practicability of--
(A) developing cost-allocation methodologies to
separate charges for air transportation services from
charges for non-air transportation services; and
(B) formats for bills and invoices that clearly
distinguish between charges for air transportation
services and charges for non-air transportation
services;
(2) options, best practices, and identified standards to
prevent instances of balance billing such as improving network
and contract negotiation, dispute resolution between health
insurance and air medical service providers, and explanation of
insurance coverage and subscription programs to consumers;
(3) steps that can be taken by State legislatures, State
insurance regulators, State attorneys general, and other State
officials as appropriate, consistent with current legal
authorities regarding consumer protection;
(4) recommendations made by the Comptroller General study,
GAO-17-637, including what additional data from air ambulance
providers and other sources should be collected by the
Department of Transportation to improve its understanding of the
air ambulance market and oversight of the air ambulance industry
for the purposes of pursuing action related to unfair or
deceptive practices or unfair methods of competition, which may
include--
(A) cost data;
(B) standard charges and payments received per
transport;
(C) whether the provider is part of a hospital-
sponsored program, municipality-sponsored program,
hospital-independent partnership (hybrid) program, or
independent program;
(D) number of transports per base and helicopter;
(E) market shares of air ambulance providers
inclusive of any parent or holding companies;
(F) any data indicating the extent of competition
among air ambulance providers on the basis of price and
service;
(G) prices assessed to consumers and insurers for
air transportation and any non-transportation services
provided by air ambulance providers; and
(H) financial performance of air ambulance
providers;
(5) definitions of all applicable terms that are not defined
in statute or regulations; and
(6) other matters as determined necessary or appropriate.
[[Page 132 STAT. 3336]]
(e) Report.--Not later than 180 days after the date of the first
meeting of the advisory committee, the advisory committee shall submit
to the Secretary of Transportation, the Secretary of Health and Human
Services, and the appropriate committees of Congress a report containing
the recommendations made under subsection (d).
(f) Rulemaking.--Upon receipt of the report under subsection (e),
the Secretary of Transportation shall consider the recommendations of
the advisory committee and issue regulations or other guidance as deemed
necessary--
(1) to require air ambulance providers to regularly report
data to the Department of Transportation;
(2) to increase transparency related to Department of
Transportation actions related to consumer complaints; and
(3) to provide other consumer protections for customers of
air ambulance providers.
(g) Elimination of Advisory Council on Transportation Statistics.--
The Advisory Council on Transportation Statistics shall terminate on the
date of enactment of this Act.
SEC. 419. AIR AMBULANCE COMPLAINTS TO THE DEPARTMENT OF
TRANSPORTATION.
(a) Consumer Complaints.--Section 42302 of title 49, United States
Code, is further amended--
(1) in subsection (a) by inserting ``(including
transportation by air ambulance (as defined by the Secretary of
Transportation))'' after ``air transportation''; and
(2) by adding at the end the following:
``(e) Air Ambulance Providers.--Each air ambulance provider shall
include the hotline telephone number, link to the Internet website
established under subsection (a), and contact information for the
Aviation Consumer Advocate established under section 425 on--
``(1) any invoice, bill, or other communication provided to
a passenger or customer of the provider; and
``(2) its Internet Web site, and any related mobile device
application.''.
(b) Unfair and Deceptive Practices and Unfair Methods of
Competition.--Section 41712(a) of title 49, United States Code, is
amended by inserting ``air ambulance consumer (as defined by the
Secretary of Transportation),'' after ``foreign air carrier,'' in the
first place it appears.
SEC. 420. REPORT TO CONGRESS ON AIR AMBULANCE OVERSIGHT.
(a) In General.--Not later than 180 days after submission of the
report required under section 418, the Secretary of Transportation shall
submit a report to the appropriate committees of Congress on air
ambulance oversight.
(b) Contents of Report.--The report required under subsection (a)
shall include--
(1) a description of how the Secretary will conduct
oversight of air ambulance providers, including the information
sources the Secretary will use to conduct such oversight; and
(2) a timeline for the issuance of any guidance concerning
unfair and deceptive practices among air ambulance providers,
including guidance for States and political subdivisions of
States to refer such matters to the Secretary.
[[Page 132 STAT. 3337]]
SEC. 421. <<NOTE: 49 USC 42301 note prec.>> REFUNDS FOR OTHER
FEES THAT ARE NOT HONORED BY A COVERED AIR
CARRIER.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall promulgate regulations that require
each covered air carrier to promptly provide a refund to a passenger of
any ancillary fees paid for services related to air travel that the
passenger does not receive, including on the passenger's scheduled
flight, on a subsequent replacement itinerary if there has been a
rescheduling, or for a flight not taken by the passenger.
SEC. 422. <<NOTE: 49 USC 42301 note prec.>> ADVANCE BOARDING
DURING PREGNANCY.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall review air carrier policies regarding
traveling during pregnancy and, if appropriate, may revise regulations,
as the Secretary considers necessary, to require an air carrier to offer
advance boarding of an aircraft to a pregnant passenger who requests
such assistance.
SEC. 423. CONSUMER COMPLAINT PROCESS IMPROVEMENT.
(a) In General.--Section 42302(c) of title 49, United States Code is
amended--
(1) in the matter preceding paragraph (1), by striking ``An
air carrier or foreign air carrier providing scheduled air
transportation using any aircraft that as originally designed
has a passenger capacity of 30 or more passenger seats'' and
inserting ``Each air carrier and foreign air carrier'';
(2) in paragraph (1), by striking ``air carrier'' and
inserting ``carrier''; and
(3) in paragraph (2), by striking ``air carrier'' and
inserting ``carrier''.
(b) <<NOTE: 49 USC 42302 note.>> Rulemaking.--Not later than 1 year
after the date of enactment of this Act, the Secretary of Transportation
shall promulgate regulations to implement the requirements of section
42302 of title 49, United States Code, as amended by this Act.
SEC. 424. <<NOTE: 49 USC 42302 note.>> AVIATION CONSUMER
ADVOCATE.
(a) In General.--The Secretary of Transportation shall review
aviation consumer complaints received that allege a violation of law
and, as appropriate, pursue enforcement or corrective actions that would
be in the public interest.
(b) Considerations.--In considering which cases to pursue for
enforcement or corrective action under subsection (a), the Secretary
shall consider--
(1) the Air Carrier Access Act of 1986 (Public Law 99-435;
100 Stat. 1080);
(2) unfair and deceptive practices by air carriers
(including air ambulance operators), foreign air carriers, and
ticket agents;
(3) the terms and conditions agreed to between passengers
and air carriers (including air ambulance operators), foreign
air carriers, or ticket agents;
(4) aviation consumer protection and tarmac delay
contingency planning requirements for both airports and
airlines;
(5) protection of air ambulance consumers; and
(6) any other applicable law.
(c) Aviation Consumer Advocate.--
[[Page 132 STAT. 3338]]
(1) In general.--Within the Aviation Consumer Protection
Division of the Department of Transportation, there shall be an
Aviation Consumer Advocate.
(2) Functions.--The Aviation Consumer Advocate shall--
(A) assist consumers in resolving carrier service
complaints filed with the Aviation Consumer Protection
Division;
(B) review the resolution by the Department of
Transportation of carrier service complaints;
(C) identify and recommend actions the Department
can take to improve the enforcement of aviation consumer
protection rules, protection of air ambulance consumers,
and resolution of carrier service complaints; and
(D) identify and recommend regulations and policies
that can be amended to more effectively resolve carrier
service complaints.
(d) Annual Reports.--The Secretary, through the Aviation Consumer
Advocate, shall submit to the appropriate committees of Congress an
annual report summarizing the following:
(1) The total number of annual complaints received by the
Department, including the number of complaints by the name of
each air carrier and foreign air carrier.
(2) The total number of annual complaints by category of
complaint.
(3) The number of complaints referred in the preceding year
for enforcement or corrective action by the Department.
(4) Any recommendations under paragraphs (2)(C) and (2)(D)
of subsection (c).
(5) Such other data as the Aviation Consumer Advocate
considers appropriate.
(e) Sunset on Reporting Requirement.--The reporting requirement of
subsection (d) shall terminate on September 30, 2023.
SEC. 425. <<NOTE: Transparency Improvements and Compensation to
Keep Every Ticketholder Safe Act of
2018.>> TICKETS ACT.
(a) <<NOTE: 49 USC 42301 note prec.>> Short Title.--This section
may be cited as the ``Transparency Improvements and Compensation to Keep
Every Ticketholder Safe Act of 2018'' or the ``TICKETS Act''.
(b) Boarded Passengers.--Beginning on the date of enactment of this
Act, a covered air carrier may not deny a revenue passenger traveling on
a confirmed reservation permission to board, or involuntarily remove
that passenger from the aircraft, once a revenue passenger has--
(1) checked in for the flight prior to the check-in
deadline; and
(2) had their ticket or boarding pass collected or
electronically scanned and accepted by the gate agent.
(c) Limitations.--The prohibition pursuant to subsection (b) shall
not apply when--
(1) there is a safety, security, or health risk with respect
to that revenue passenger or there is a safety or security issue
requiring removal of a revenue passenger; or
(2) the revenue passenger is engaging in behavior that is
obscene, disruptive, or otherwise unlawful.
(d) Rule of Construction.--Nothing in this section may be construed
to limit or otherwise affect the responsibility or authority of a pilot
in command of an aircraft under section 121.533 of
[[Page 132 STAT. 3339]]
title 14, Code of Federal Regulations, or limit any penalty under
section 46504 of title 49, United States Code.
(e) Involuntary Denied Boarding Compensation.--Not later than 60
days after the date of enactment of this Act, the Secretary of
Transportation shall issue a final rule to revise part 250 of title 14,
Code of Federal Regulations, to clarify that--
(1) there is not a maximum level of compensation an air
carrier or foreign air carrier may pay to a passenger who is
involuntarily denied boarding as the result of an oversold
flight;
(2) the compensation levels set forth in that part are the
minimum levels of compensation an air carrier or foreign air
carrier must pay to a passenger who is involuntarily denied
boarding as the result of an oversold flight; and
(3) an air carrier or foreign air carrier must proactively
offer to pay compensation to a passenger who is voluntarily or
involuntarily denied boarding on an oversold flight, rather than
waiting until the passenger requests the compensation.
(f) GAO Report on Oversales.--
(1) In general.--The Comptroller General of the United
States shall review airline policies and practices related to
oversales of flights.
(2) Considerations.--In conducting the review under
paragraph (1), the Comptroller General shall examine--
(A) the impact on passengers as a result of an
oversale, including increasing or decreasing the costs
of passenger air transportation;
(B) economic and operational factors which result in
oversales;
(C) whether, and if so how, the incidence of
oversales varies depending on markets;
(D) potential consequences on the limiting of
oversales; and
(E) best practices on how oversale policies can be
communicated to passengers at airline check-in desks and
airport gates.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report on the review
under paragraph (2).
(g) Gate Notice of Policies.--The Secretary may provide guidance on
how these policies should be communicated at covered air carrier check-
in desks and airport gates.
SEC. 426. REPORT ON AVAILABILITY OF LAVATORIES ON COMMERCIAL
AIRCRAFT.
Not later than 180 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the appropriate
committees of Congress a report assessing--
(1) the availability of functional lavatories on commercial
aircraft;
(2) the extent to which flights take off without functional
lavatories;
(3) the ability of passengers with disabilities to access
lavatories on commercial aircraft;
[[Page 132 STAT. 3340]]
(4) the extent of complaints to the Department of
Transportation and air carriers related to lavatories and
efforts they have taken to address complaints; and
(5) the extent to which air carriers are reducing the size
and number of lavatories to add more seats and whether this
creates passenger lavatory access issues.
SEC. 427. <<NOTE: 49 USC 42301 note prec.>> CONSUMER PROTECTION
REQUIREMENTS RELATING TO LARGE TICKET
AGENTS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall issue a final rule to
require large ticket agents to adopt minimum customer service standards.
(b) Purpose.--The purpose of the final rule shall be to ensure that,
to the extent feasible, there is a consistent level of consumer
protection regardless of where consumers purchase air fares and related
air transportation services.
(c) Standards.--In issuing the final rule, the Secretary shall
consider, to the extent feasible, establishing standards consistent with
all customer service and disclosure requirements applicable to covered
air carriers under this title and associated regulations.
(d) Definitions.--In this section, the following definitions apply:
(1) Ticket agent.--
(A) In general.--Subject to subparagraph (B), the
term ``ticket agent'' has the meaning given that term in
section 40102(a) of title 49, United States Code.
(B) Inclusion.--The term ``ticket agent'' includes a
person who acts as an intermediary involved in the sale
of air transportation directly or indirectly to
consumers, including by operating an electronic airline
information system, if the person--
(i) holds the person out as a source of
information about, or reservations for, the air
transportation industry; and
(ii) receives compensation in any way related
to the sale of air transportation.
(2) Large ticket agent.--The term ``large ticket agent''
means a ticket agent with annual revenues of $100,000,000 or
more.
(e) Enforcement.--No large ticket agent may be found in
noncompliance of any standard or requirement adopted in the final rule
required by this section if--
(1) the large ticket agent is unable to meet the new
standard or requirement due to the lack of information or data
from the covered air carrier and the information is required for
the large ticket agent to comply with such standard or
requirement; or
(2) the sale of air transportation is made by a large ticket
agent pursuant to a specific corporate or government fare
management contract.
SEC. 428. WIDESPREAD DISRUPTIONS.
(a) In General.--Chapter 423 of title 49, United States Code, is
amended by adding at the end the following:
[[Page 132 STAT. 3341]]
``Sec. 42304. <<NOTE: 49 USC 42304.>> Widespread disruptions
``(a) General Requirements.--In the event of a widespread
disruption, a covered air carrier shall immediately publish, via a
prominent link on the air carrier's public internet website, a clear
statement indicating whether, with respect to a passenger of the air
carrier whose travel is interrupted as a result of the widespread
disruption, the air carrier will--
``(1) provide for hotel accommodations;
``(2) arrange for ground transportation;
``(3) provide meal vouchers;
``(4) arrange for air transportation on another air carrier
or foreign air carrier to the passenger's destination; and
``(5) provide for sleeping facilities inside the airport
terminal.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Widespread disruption.--The term `widespread
disruption' means, with respect to a covered air carrier, the
interruption of all or the overwhelming majority of the air
carrier's systemwide flight operations, including flight delays
and cancellations, as the result of the failure of 1 or more
computer systems or computer networks of the air carrier.
``(2) Covered air carrier.--The term `covered air carrier'
means an air carrier that provides scheduled passenger air
transportation by operating an aircraft that as originally
designed has a passenger capacity of 30 or more seats.
``(c) Savings Provision.--Nothing in this section may be construed
to modify, abridge, or repeal any obligation of an air carrier under
section 42301.''.
(b) Conforming Amendment.--The analysis for chapter 423 of title 49,
United States Code, <<NOTE: 49 USC 42301 prec.>> is amended by adding
at the end the following:
``42304. Widespread disruptions.''.
SEC. 429. <<NOTE: 49 USC 42301 note prec.>> PASSENGER RIGHTS.
(a) Guidelines.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall require each covered
air carrier to submit a summarized 1-page document that describes the
rights of passengers in air transportation, including guidelines for the
following:
(1) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight delays of various lengths.
(2) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight diversions.
(3) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight cancellations.
(4) Compensation for mishandled baggage, including delayed,
damaged, pilfered, or lost baggage.
(5) Voluntary relinquishment of a ticketed seat due to
overbooking or priority of other passengers.
(6) Involuntary denial of boarding and forced removal for
whatever reason, including for safety and security reasons.
(b) Filing of Summarized Guidelines.--Not later than 90 days after
each air carrier submits its guidelines to the Secretary under
subsection (a), the air carrier shall make available such 1-page
document in a prominent location on its website.
[[Page 132 STAT. 3342]]
Subtitle B--Aviation Consumers With Disabilities
SEC. 431. AVIATION CONSUMERS WITH DISABILITIES STUDY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall conduct a
study that includes--
(1) a review of airport accessibility best practices for
individuals with disabilities, including best practices that
improve infrastructure facilities and communications methods,
including those related to wayfinding, amenities, and passenger
care;
(2) a review of air carrier and airport training policies
related to section 41705 of title 49, United States Code;
(3) a review of air carrier training policies related to
properly assisting passengers with disabilities; and
(4) a review of accessibility best practices that exceed
those recommended under Public Law 90-480 (popularly known as
the Architectural Barriers Act of 1968; 42 U.S.C. 4151 et seq.),
the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Air
Carrier Access Act of 1986 (Public Law 99-435; 100 Stat. 1080 et
seq.), and the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
(b) Report.--Not later than 1 year after the date the Comptroller
General initiates the study under subsection (a), the Comptroller
General shall submit to the Secretary of Transportation and the
appropriate committees of Congress a report on the study, including
findings and recommendations.
SEC. 432. STUDY ON IN-CABIN WHEELCHAIR RESTRAINT SYSTEMS.
(a) Study.--Not later than 2 years after the date of enactment of
this Act, the Architectural and Transportation Barriers Compliance
Board, in consultation with the Secretary of Transportation, aircraft
manufacturers, air carriers, and disability advocates, shall conduct a
study to determine--
(1) the feasibility of in-cabin wheelchair restraint
systems; and
(2) if feasible, the ways in which individuals with
significant disabilities using wheelchairs, including power
wheelchairs, can be accommodated with in-cabin wheelchair
restraint systems.
(b) Report.--Not later than 1 year after the initiation of the study
under subsection (a), the Architectural and Transportation Barriers
Compliance Board shall submit to the appropriate committees of Congress
a report on the findings of the study.
SEC. 433. <<NOTE: 49 USC 41705 note.>> IMPROVING WHEELCHAIR
ASSISTANCE FOR INDIVIDUALS WITH
DISABILITIES.
Following the receipt of the report required under section 2107 of
the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190;
130 Stat. 622), the Secretary of Transportation shall develop, if
appropriate, specific recommendations regarding improvements to
wheelchair assistance provided by air carriers and recommendations on
how training programs by air carriers can address consumer complaints
regarding wheelchair assistance.
[[Page 132 STAT. 3343]]
SEC. 434. <<NOTE: 49 USC 41705 note.>> AIRLINE PASSENGERS WITH
DISABILITIES BILL OF RIGHTS.
(a) Airline Passengers With Disabilities Bill of Rights.--The
Secretary of Transportation shall develop a document, to be known as the
``Airline Passengers with Disabilities Bill of Rights'', using plain
language to describe the basic protections and responsibilities of
covered air carriers, their employees and contractors, and people with
disabilities under the section 41705 of title 49, United States Code.
(b) Content.--In developing the Airline Passengers with Disabilities
Bill of Rights under subsection (a), the Secretary shall include, at a
minimum, plain language descriptions of protections and responsibilities
provided in law related to the following:
(1) The right of passengers with disabilities to be treated
with dignity and respect.
(2) The right of passengers with disabilities to receive
timely assistance, if requested, from properly trained covered
air carrier and contractor personnel.
(3) The right of passengers with disabilities to travel with
wheelchairs, mobility aids, and other assistive devices,
including necessary medications and medical supplies, including
stowage of such wheelchairs, aids, and devices.
(4) The right of passengers with disabilities to receive
seating accommodations, if requested, to accommodate a
disability.
(5) The right of passengers with disabilities to receive
announcements in an accessible format.
(6) The right of passengers with disabilities to speak with
a complaint resolution officer or to file a complaint with a
covered air carrier or the Department of Transportation.
(c) Rule of Construction.--The development of the Airline Passengers
with Disabilities Bill of Rights under subsections (a) and (b) shall not
be construed as expanding or restricting the rights available to
passengers with disabilities on the day before the date of the enactment
of this Act pursuant to any statute or regulation.
(d) Consultations.--In developing the Airline Passengers with
Disabilities Bill of Rights under subsection (a), the Secretary of
Transportation shall consult with stakeholders, including disability
organizations and covered air carriers and their contractors.
(e) Display.--Each covered air carrier shall include the Airline
Passengers with Disabilities Bill of Rights--
(1) on a publicly available internet website of the covered
air carrier; and
(2) in any pre-flight notifications or communications
provided to passengers who alert the covered air carrier in
advance of the need for accommodations relating to a disability.
(f) Training.--Covered air carriers and contractors of covered air
carriers shall submit to the Secretary of Transportation plans that
ensure employees of covered air carriers and their contractors receive
training on the protections and responsibilities described in the
Airline Passengers with Disabilities Bill of Rights. The Secretary shall
review such plans to ensure the plans address the matters described in
subsection (b).
SEC. 435. SENSE OF CONGRESS REGARDING EQUAL ACCESS FOR INDIVIDUALS
WITH DISABILITIES.
It is the sense of Congress that--
[[Page 132 STAT. 3344]]
(1) the aviation industry and every relevant stakeholder
must work to ensure that every individual who experiences a
disability has equal access to air travel;
(2) as technology and ease of travel continue to advance,
accessibility must be a priority; and
(3) accommodations must--
(A) extend to every airport and service or facility
of an air carrier; and
(B) be inclusive of every disability.
SEC. 436. CIVIL PENALTIES RELATING TO HARM TO PASSENGERS WITH
DISABILITIES.
Section 46301(a) of title 49, United States Code, is amended by
adding at the end the following:
``(7) Penalties Relating to Harm to Passengers With Disabilities.--
``(A) Penalty for bodily harm or damage to wheelchair or
other mobility aid.--The amount of a civil penalty assessed
under this section for a violation of section 41705 that
involves damage to a passenger's wheelchair or other mobility
aid or injury to a passenger with a disability may be increased
above the otherwise applicable maximum amount under this section
for a violation of section 41705 to an amount not to exceed 3
times the maximum penalty otherwise allowed.
``(B) Each act constitutes separate offense.--
Notwithstanding paragraph (2), a separate violation of section
41705 occurs for each act of discrimination prohibited by that
section.''.
SEC. 437. <<NOTE: 49 USC 41705 note.>> HARMONIZATION OF SERVICE
ANIMAL STANDARDS.
(a) Rulemaking.--The Secretary of Transportation shall conduct a
rulemaking proceeding--
(1) to define the term ``service animal'' for purposes of
air transportation; and
(2) to develop minimum standards for what is required for
service and emotional support animals carried in aircraft
cabins.
(b) Considerations.--In conducting the rulemaking under subsection
(a), the Secretary shall consider, at a minimum--
(1) whether to align the definition of ``service animal''
with the definition of that term in regulations of the
Department of Justice implementing the Americans with
Disabilities Act of 1990 (Public Law 101-336);
(2) reasonable measures to ensure pets are not claimed as
service animals, such as--
(A) whether to require photo identification for a
service animal identifying the type of animal, the breed
of animal, and the service the animal provides to the
passenger;
(B) whether to require documentation indicating
whether or not a service animal was trained by the owner
or an approved training organization;
(C) whether to require, from a licensed physician,
documentation indicating the mitigating task or tasks a
service animal provides to its owner; and
(D) whether to allow a passenger to be accompanied
by more than 1 service animal;
(3) reasonable measures to ensure the safety of all
passengers, such as--
[[Page 132 STAT. 3345]]
(A) whether to require health and vaccination
records for a service animal; and
(B) whether to require third-party proof of
behavioral training for a service animal;
(4) the impact additional requirements on service animals
could have on access to air transportation for passengers with
disabilities; and
(5) if impacts on access to air transportation for
passengers with disabilities are found, ways to eliminate or
mitigate those impacts.
(c) Final Rule.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue a final rule pursuant
to the rulemaking conducted under this section.
SEC. 438. REVIEW OF PRACTICES FOR TICKETING, PRE-FLIGHT SEAT
ASSIGNMENTS, AND STOWING OF ASSISTIVE
DEVICES FOR PASSENGERS WITH DISABILITIES.
(a) Review.--
(1) In general.--Not later than 30 days after the first
meeting of the advisory committee on the air travel needs of
passengers with disabilities established in section 439
(referred to in this section as the ``Advisory Committee''), the
Secretary of Transportation shall direct the Advisory Committee
to review current regulations with respect to practices for
ticketing, pre-flight seat assignments, and stowing of assistive
devices for passengers with disabilities.
(2) Recommendations.--In carrying out the review under
paragraph (1), the Advisory Committee shall, at a minimum,
provide recommendations on whether current regulations should be
modified or prescribed to--
(A) provide accommodations for passengers with
disabilities, if requested, in ticketing and pre-flight
assignments;
(B) require covered air carriers to provide priority
access to bulkhead seating to passengers with
disabilities who need access to features of those seats
due to disabilities regardless of class of service of
ticket purchased; and
(C) ensure passengers with disabilities are able to
stow assistive devices without cost.
(b) Report.--Not later than 6 months after the date of their first
meeting, the Advisory Committee shall submit to the Secretary of
Transportation and the appropriate committees of Congress a report on
the review conducted under subsection (a)(1), including the
recommendations developed under subsection (a)(2).
SEC. 439. <<NOTE: 49 USC 41705 note.>> ADVISORY COMMITTEE ON THE
AIR TRAVEL NEEDS OF PASSENGERS WITH
DISABILITIES.
(a) Establishment.--The Secretary of Transportation shall establish
an advisory committee on issues related to the air travel needs of
passengers with disabilities (referred to in this section as the
``Advisory Committee'').
(b) Duties.--The Advisory Committee shall--
(1) identify and assess the disability-related access
barriers encountered by passengers with disabilities;
(2) determine the extent to which the programs and
activities of the Department of Transportation are addressing
the barriers identified in paragraph (1);
[[Page 132 STAT. 3346]]
(3) recommend consumer protection improvements to the air
travel experience of passengers with disabilities;
(4) advise the Secretary with regard to the implementation
of section 41705 of title 49, United States Code; and
(5) conduct such activities as the Secretary considers
necessary to carry out this section.
(c) Membership.--
(1) In general.--The Advisory Committee shall be composed of
at least 1 representative of each of the following groups:
(A) Passengers with disabilities.
(B) National disability organizations.
(C) Air carriers.
(D) Airport operators.
(E) Contractor service providers.
(F) Aircraft manufacturers.
(G) Wheelchair manufacturers.
(H) National veterans organizations representing
disabled veterans.
(2) Appointment.--The Secretary of Transportation shall
appoint each member of the Advisory Committee.
(3) Vacancies.--A vacancy in the Advisory Committee shall be
filled in the manner in which the original appointment was made.
(d) Chairperson.--The Secretary of Transportation shall designate,
from among the members appointed under subsection (c), an individual to
serve as chairperson of the Advisory Committee.
(e) Travel Expenses.--Members of the Advisory Committee shall serve
without pay, but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(f) Reports.--
(1) In general.--Not later than 14 months after the date of
establishment of the Advisory Committee, and annually
thereafter, the Advisory Committee shall submit to the Secretary
of Transportation a report on the needs of passengers with
disabilities in air travel, including--
(A) an assessment of existing disability-related
access barriers, and any emerging disability-related
access barriers that will likely be an issue in the next
5 calendar years;
(B) an evaluation of the extent to which the
Department of Transportation's programs and activities
are eliminating disability-related access barriers;
(C) a description of the Advisory Committee's
actions;
(D) a description of improvements related to the air
travel experience of passengers with disabilities; and
(E) any recommendations for legislation,
administrative action, or other action that the Advisory
Committee considers appropriate.
(2) Report to congress.--Not later than 60 days after the
date the Secretary receives the report under paragraph (1), the
Secretary shall submit to the appropriate committees of Congress
a copy of the report, including any additional findings or
recommendations that the Secretary considers appropriate.
[[Page 132 STAT. 3347]]
(g) Termination.--The Advisory Committee established under this
section shall terminate on September 30, 2023.
(h) Termination of the Next Generation Air Transportation System
Senior Policy Committee.--The Next Generation Air Transportation System
Senior Policy Committee established by the Secretary of Transportation
shall terminate on the date of the initial appointment of the members of
the Advisory Committee.
SEC. 440. <<NOTE: 49 USC 41705 note.>> REGULATIONS ENSURING
ASSISTANCE FOR PASSENGERS WITH
DISABILITIES IN AIR TRANSPORTATION.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall--
(1) review, and if necessary revise, applicable regulations
to ensure that passengers with disabilities who request
assistance while traveling in air transportation receive
dignified, timely, and effective assistance at airports and on
aircraft from trained personnel; and
(2) review, and if necessary revise, applicable regulations
related to covered air carrier training programs for air carrier
personnel, including contractors, who provide physical
assistance to passengers with disabilities to ensure that
training under such programs--
(A) occurs on an annual schedule for all new and
continuing personnel charged with providing physical
assistance; and
(B) includes, as appropriate, instruction by
personnel, with hands-on training for employees who
physically lift or otherwise physically assist
passengers with disabilities, including the use of
relevant equipment.
(b) Types of Assistance.--The assistance referred to subsection
(a)(1) may include requests for assistance in boarding or deplaning an
aircraft, requests for assistance in connecting between flights, and
other similar or related requests, as appropriate.
SEC. 441. TRANSPARENCY FOR DISABLED PASSENGERS.
The compliance date of the final rule, dated November 2, 2016, on
the reporting of data for mishandled baggage and wheelchairs in aircraft
cargo compartments (81 Fed. Reg. 76300) shall be effective not later
than 60 days after the date of enactment of this Act.
Subtitle C--Small Community Air Service
SEC. 451. ESSENTIAL AIR SERVICE AUTHORIZATION.
(a) In General.--Section 41742(a)(2) of title 49, United States
Code, is amended by striking ``$150,000,000 for fiscal year 2011'' and
all that follows before ``to carry out'' and inserting ``$155,000,000
for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000
for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000
for fiscal year 2022, and $172,000,000 for fiscal year 2023''.
(b) <<NOTE: 49 USC 41733 note.>> Seasonal Service.--The Secretary
of Transportation may consider the flexibility of current operational
dates and airport accessibility to meet local community needs when
issuing requests for proposal of essential air service at seasonal
airports.
[[Page 132 STAT. 3348]]
SEC. 452. STUDY ON ESSENTIAL AIR SERVICE REFORM.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the effects of section 6 of the
Airport and Airway Extension Act of 2011, Part IV (Public Law
112-27), section 421 of the FAA Modernization and Reform Act of
2012 (Public Law 112-95), and other relevant Federal laws
enacted after 2010, including the amendments made by those laws,
on the Essential Air Service program.
(2) Scope.--In conducting the study under paragraph (1), the
Comptroller General shall analyze, at a minimum--
(A) the impact of each relevant Federal law,
including the amendments made by each law, on the
Essential Air Service program;
(B) what actions communities and air carriers have
taken to reduce ticket prices or increase enplanements
as a result of each law;
(C) the issuance of waivers by the Secretary under
section 41731(e) of title 49, United States Code;
(D) whether budgetary savings resulted from each
law; and
(E) options for further reform of the Essential Air
Service program.
(b) Required Analysis on Communities.--In carrying out subsection
(a)(2)(E) the Comptroller General shall include, for each option for
further reform, an analysis of the impact on local economies of
communities with airports receiving Essential Air Service funding,
access to air travel for residents of rural communities and the impact
to local businesses in such communities.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study conducted
under subsection (a).
SEC. 453. AIR TRANSPORTATION TO NONELIGIBLE PLACES.
(a) Definitions.--Section 41731(a)(1)(A)(ii) of title 49, United
States Code, is amended by striking ``Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century,'' and inserting ``FAA
Extension, Safety, and Security Act of 2016 (Public Law 114-190),''.
(b) Program Sunset.--Section 41736 of title 49, United States Code,
is amended by adding at the end the following:
``(h) Sunset.--
``(1) Proposals.--No proposal under subsection (a) may be
accepted by the Secretary after the date of enactment of this
subsection.
``(2) Program.--The Secretary may not provide any
compensation under this section after the date that is 2 years
after the date of enactment of this subsection.''.
SEC. 454. INSPECTOR GENERAL REVIEW OF SERVICE AND OVERSIGHT OF
UNSUBSIDIZED CARRIERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the inspector general of the Department of Transportation
shall conduct and complete a review of orders issued by the Department
of Transportation from 2005 through the date of enactment of this Act to
determine whether the carriers providing
[[Page 132 STAT. 3349]]
unsubsidized service provided basic essential air service, and whether
the Department conducted sufficient oversight of carriers providing
unsubsidized service to ensure air service quality and community
satisfaction.
(b) Contents.--The review shall include, at a minimum--
(1) a review of the Department's efforts to communicate to
the community served by the unsubsidized carrier on any material
air service changes; and
(2) a review of the Department's efforts to closely monitor
the quality of air service provided by the unsubsidized carrier
and request proposals for basic essential air service if
necessary.
(c) Report.--Not later than 30 days after the date of completion of
the review, the inspector general shall submit to the appropriate
committees of Congress a report on the results of the review.
SEC. 455. SMALL COMMUNITY AIR SERVICE.
(a) Eligibility.--Section 41743(c) of title 49, United States Code,
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Size.--On the date of submission of the relevant
application under subsection (b), the airport serving the
community or consortium--
``(A) is not larger than a small hub airport, as
determined using the Department of Transportation's most
recently published classification; and
``(B) has--
``(i) insufficient air carrier service; or
``(ii) unreasonably high air fares.'';
(2) by striking paragraph (4) and inserting the following:
``(4) Overall limit.--
``(A) In general.--No more than 40 communities or
consortia of communities, or a combination thereof, may
be selected to participate in the program in each year
for which funds are appropriated for the program.
``(B) Same projects.--Except as provided in
subparagraph (C), no community, consortia of
communities, or combination thereof may participate in
the program in support of the same project more than
once in a 10-year period, but any community, consortia
of communities, or combination thereof may apply,
subsequent to such participation, to participate in the
program in support of a different project at any time.
``(C) Exception.--The Secretary may waive the
limitation under subparagraph (B) related to projects
that are the same if the Secretary determines that the
community or consortium spent little or no money on its
previous project or encountered industry or
environmental challenges, due to circumstances that were
reasonably beyond the control of the community or
consortium.'';
(3) in paragraph (5)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the
following:
``(E) the assistance will be used to help restore
scheduled passenger air service that has been
terminated;''.
(b) Authority to Make Agreements.--Section 41743(e)(1) of title 49,
United States Code, is amended by adding at the end
[[Page 132 STAT. 3350]]
the following: ``The Secretary may amend the scope of a grant agreement
at the request of the community or consortium and any participating air
carrier, and may limit the scope of a grant agreement to only the
elements using grant assistance or to only the elements achieved, if the
Secretary determines that the amendment is reasonably consistent with
the original purpose of the project.''
(c) Authorization of Appropriations.--Section 41743(e)(2) of title
49, United States Code, is amended to read as follows:
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $10,000,000 for each of
fiscal years 2018 through 2023 to carry out this section. Such
sums shall remain available until expended.''.
SEC. 456. WAIVERS.
Section 41732 is amended by adding at the end the following:
``(c) Waivers.--Notwithstanding section 41733(e), upon request by an
eligible place, the Secretary may waive, in whole or in part,
subsections (a) and (b) of this section or subsections (a) through (c)
of section 41734. A waiver issued under this subsection shall remain in
effect for a limited period of time, as determined by the Secretary.''.
SEC. 457. EXTENSION OF FINAL ORDER ESTABLISHING MILEAGE ADJUSTMENT
ELIGIBILITY.
Section 409(d) of the Vision 100--Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
``2018'' and inserting ``2023''.
SEC. 458. REDUCTION IN SUBSIDY-PER-PASSENGER.
Section 426 of the FAA Modernization and Reform Act of 2012 (126
Stat. 98) <<NOTE: 49 USC 41731 note.>> is amended by adding at the end
the following:
``(d) Reduction in Subsidy-per-passenger.--
``(1) In general.--The Secretary shall waive application of
the subsidy-per-passenger cap described under subsection (c) if
the Secretary finds that the community's subsidy-per-passenger
for a fiscal year is lower than the subsidy-per-passenger for
any of the 3 previous fiscal years.
``(2) Exception.--The Secretary shall waive application of
the subsidy-per-passenger cap if the subsidy-per-passenger for a
fiscal year is less than 10 percent higher than the highest
subsidy-per-passenger from any of the 3 previous fiscal years.
The Secretary may only waive application of the subsidy-per-
passenger cap under this paragraph once per community.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to limit the Secretary's ability under
subsection (c) to waive application of the subsidy-per-passenger
cap.''.
TITLE V--MISCELLANEOUS
SEC. 501. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
[[Page 132 STAT. 3351]]
(3) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(4) ADS-B out.--The term ``ADS-B Out'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(5) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(6) Nextgen.--The term ``NextGen'' means the Next Generation
Air Transportation System.
SEC. 502. REPORT ON AIR TRAFFIC CONTROL MODERNIZATION.
(a) FAA Report.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall submit to the appropriate
committees of Congress a report describing the multiyear effort of the
Administration to modernize the air transportation system (in this
section referred to as the ``modernization effort''), including--
(1) the number of years that the modernization effort has
been underway as of the date of the report;
(2) the total amount of money expended on the modernization
effort as of the date of the report (including a description of
how that amount was calculated);
(3) the net present value of the benefits reported from
aircraft operators resulting from the money expended on the
modernization effort as of the date of the report;
(4) a definition for NextGen, including a description of any
changes to that definition that occurred between 2003 and the
date of the report;
(5) the net present value of the money expended on NextGen
as of the date of the report if such money had been deposited
into a Government trust fund instead of being expended on
NextGen;
(6) a description of the benefits promised and benefits
delivered with respect to NextGen as of the date of the report;
(7) any changes to the benefits promised with respect to
NextGen between the date on which NextGen began and the date of
the report;
(8) a description of each program or project that comprises
NextGen, including--
(A) when the program or project was initiated;
(B) the total budget for the program or project;
(C) the initial budget for the program or project;
(D) the acquisition program baseline for the program
or project;
(E) whether the program or project has ever breached
the acquisition program baseline and, if so, a
description of when, why, and how the breach was
resolved;
(F) whether the program or project has been re-
baselined or divided into smaller segments and, if so, a
description of when, why, and the impact to the cost of
the program or project;
(G) the initial schedule for the program or project;
(H) whether the program or project was delayed and,
if so, a description of how long, why, and the impact to
the cost of the program or project;
[[Page 132 STAT. 3352]]
(I) whether the Administration changed any contract
term or deliverable for the program or project and, if
so, a description of the change, why it happened, and
the impact to the cost of the program or project;
(J) benefits promised with respect to the program or
project at initiation;
(K) benefits delivered with respect to the program
or project as of the date of the report;
(L) whether the program or project was cancelled
and, if so, a description of why and when;
(M) for cancelled programs or projects, whether
there were any costs associated with the decision to
cancel and, if so, a description of the amount of the
costs (including for both the Administration and the
private sector);
(N) the metrics, milestones, and deadlines set for
the program or project and how the Administration
tracked and ensured compliance with those metrics,
milestones, and deadlines;
(O) how the Administration conducted oversight of
the program or project and any related stakeholder
collaboration efforts;
(P) the status of the program or project as of the
date of the report; and
(Q) an assessment of the key risks to the full
implementation of the program and a description of how
the Administration is mitigating, or plans to mitigate,
those risks;
(9) the date upon which, or milestone by which, the
Administration anticipates NextGen will be complete; and
(10) any lessons learned during the NextGen effort, and
whether, how, and to what effect those lessons have been
applied.
(b) Inspector General Report.--Not later than 270 days after the
date on which the report required under subsection (a) is submitted, the
inspector general of the Department of Transportation shall review the
report and submit to the appropriate committees of Congress a statement
of the inspector general that--
(1) determines the accuracy of the information reported;
(2) describes any concerns with the accuracy of the
information reported;
(3) summarizes concerns raised by the inspector general, the
Government Accountability Office, and other sources with respect
to the Administration's implementation and oversight of NextGen
since the date on which NextGen began;
(4) describes--
(A) any pertinent recommendations made by the
inspector general related to the Administration's
implementation and oversight of NextGen since the date
on which NextGen began; and
(B) whether and how the Administration addressed the
recommendations; and
(5) provides any other information that the inspector
general determines is appropriate.
SEC. 503. <<NOTE: 49 USC 40101 note.>> RETURN ON INVESTMENT
REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter until the date that each
[[Page 132 STAT. 3353]]
NextGen program has a positive return on investment, the Administrator
shall submit to the appropriate committees of Congress a report on the
status of each NextGen program, including the most recent NextGen
priority list under subsection (c).
(b) Contents.--The report under subsection (a) shall include, for
each NextGen program--
(1) an estimate of the date the program will have a positive
return on investment;
(2) an explanation for any delay in the delivery of expected
benefits from previously published estimates on delivery of such
benefits, in implementing or utilizing the program;
(3) an estimate of the completion date;
(4) an assessment of the long-term and near-term user
benefits of the program for--
(A) the Federal Government; and
(B) the users of the national airspace system; and
(5) a description of how the program directly contributes to
a safer and more efficient air traffic control system.
(c) NextGen Priority List.--Based on the assessment under subsection
(a), the Administrator shall--
(1) develop, in coordination with the NextGen Advisory
Committee and considering the need for a balance between long-
term and near-term user benefits, a prioritization of the
NextGen programs;
(2) annually update the priority list under paragraph (1);
and
(3) prepare budget submissions to reflect the current status
of NextGen programs and projected returns on investment for each
NextGen program.
(d) Definition of Return on Investment.--In this section, the term
``return on investment'' means the cost associated with technologies
that are required by law or policy as compared to the financial benefits
derived from such technologies by a government or a user of airspace.
(e) Repeal of NextGen Priorities.--Section 202 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101
note) and the item relating to that section in the table of contents
under section 1(b) of that Act are repealed.
SEC. 504. <<NOTE: 49 USC 40103 note.>> AIR TRAFFIC CONTROL
OPERATIONAL CONTINGENCY PLANS.
(a) Air Traffic Control Operational Contingency Plans.--Not later
than 1 year after the date of enactment of this Act, the Administrator
shall review the Administration's air traffic control operational
contingency plans (FAA Order JO 1900.47E), and, as the Administrator
considers appropriate, update such plans, to address potential air
traffic facility outages that could have a major impact on the operation
of the national airspace system, including the most recent findings and
recommendations in the report under subsection (c).
(b) Updates.--Not later than 60 days after the date the air traffic
control operational contingency plans are reviewed under subsection (a),
the Administrator shall submit to the appropriate committees of Congress
a report on the review, including any recommendations for ensuring air
traffic facility outages do not have a major impact on the operation of
the national airspace system.
(c) Resiliency Recommendations.--Not later than 180 days after the
date of enactment of this Act, and periodically thereafter
[[Page 132 STAT. 3354]]
as the Administrator considers appropriate, the Administrator shall
convene NextGen program officials to evaluate, expedite, and complete a
report on how planned NextGen capabilities can enhance the resiliency
and continuity of national airspace system operations and mitigate the
impact of future air traffic control disruptions.
SEC. 505. 2020 ADS-B OUT MANDATE PLAN.
The Administrator, in collaboration with the NextGen Advisory
Committee, shall--
(1) not later than 90 days after the date of enactment of
this Act--
(A) identify any known and potential barriers to
compliance with the 2020 ADS-B Out mandate under section
91.225 of title 14, Code of Federal Regulations;
(B) develop a plan to address the known barriers
identified in paragraph (1), including a schedule for--
(i) periodically reevaluating the potential
barriers identified in paragraph (1); and
(ii) developing solutions and implementing
actions to address the known and potential
barriers; and
(C) submit the plan to the appropriate committees of
Congress; and
(2) not later than 90 days after the date the plan is
submitted under paragraph (1), submit to the appropriate
committees of Congress a report on the progress made toward
meeting the 2020 ADS-B Out mandate.
SEC. 506. <<NOTE: 49 USC 44704 note.>> SECURING AIRCRAFT AVIONICS
SYSTEMS.
(a) In General.--The Administrator shall consider, where
appropriate, revising Federal Aviation Administration regulations
regarding airworthiness certification--
(1) to address cybersecurity for avionics systems, including
software components; and
(2) to require that aircraft avionics systems used for
flight guidance or aircraft control be secured against
unauthorized access via passenger in-flight entertainment
systems through such means as the Administrator determines
appropriate to protect the avionics systems from unauthorized
external and internal access.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider the recommendations of the Aircraft Systems
Information Security Protection Working Group under section 2111 of the
FAA Extension Safety and Security Act of 2016 (Public Law 114-190; 130
Stat. 615).
SEC. 507. <<NOTE: 49 USC 40101 note.>> HUMAN FACTORS.
(a) In General.--In order to avoid having to subsequently modify
products and services developed as a part of NextGen, the Administrator
shall--
(1) recognize and incorporate, in early design phases of all
relevant NextGen programs, the human factors and procedural and
airspace implications of stated goals and associated technical
changes; and
(2) ensure that a human factors specialist, separate from
the research and certification groups, is directly involved with
the NextGen approval process.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate
[[Page 132 STAT. 3355]]
committees of Congress a report on the progress made toward implementing
the requirements under subsection (a).
SEC. 508. <<NOTE: 49 USC 40101 note.>> PROGRAMMATIC RISK
MANAGEMENT.
To better inform the Administration's decisions regarding the
prioritization of efforts and allocation of resources for NextGen, the
Administrator shall--
(1) solicit input from specialists in probability and
statistics to identify and prioritize the programmatic and
implementation risks to NextGen; and
(2) develop a method to manage and mitigate the risks
identified in paragraph (1).
SEC. 509. <<NOTE: 49 USC 44903 note.>> REVIEW OF FAA STRATEGIC
CYBERSECURITY PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall initiate a review of the
comprehensive and strategic framework of principles and policies
(referred to in this section as the ``framework'') developed pursuant to
section 2111 of the FAA Extension, Safety, and Security Act of 2016 (49
U.S.C. 44903 note).
(b) Contents.--In undertaking the review under subsection (a), the
Administrator shall--
(1) assess the degree to which the framework identifies and
addresses known cybersecurity risks associated with the aviation
system;
(2) review existing short- and long-term objectives for
addressing cybersecurity risks to the national airspace system;
and
(3) assess the Administration's level of engagement and
coordination with aviation stakeholders and other appropriate
agencies, organizations, or groups with which the Administration
consults to carry out the framework.
(c) Updates.--Upon completion of the review under subsection (a),
the Administrator shall modify the framework, as appropriate, to address
any deficiencies identified by the review.
(d) Report to Congress.--Not later than 180 days after initiating
the review required by subsection (a), the Administrator shall submit to
the appropriate committees of Congress a report on the results of the
review, including a description of any modifications made to the
framework.
SEC. 510. CONSOLIDATION AND REALIGNMENT OF FAA SERVICES AND
FACILITIES.
(a) Purpose and Input.--Section 804(a) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 44501 note) is amended--
(1) in paragraph (2) by striking ``The purpose of the report
shall be--'' and all that follows through ``(B) to reduce'' and
inserting ``The purpose of the report shall be to reduce''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Input.--The report shall be prepared by the
Administrator (or the Administrator's designee) with the
participation of--
``(A) representatives of labor organizations
representing air traffic control system employees of the
FAA; and
``(B) industry stakeholders.''.
(b) Military Operations Exclusion.--Section 804 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 44501 note) is amended--
[[Page 132 STAT. 3356]]
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Military Operations Exclusion.--
``(1) In general.--The Administrator may not realign or
consolidate a combined TRACON and tower with radar facility of
the FAA under this section if, in 2015, the total annual
military operations at the facility comprised at least 40
percent of the total annual TRACON operations at the facility.
``(2) TRACON defined.--In this subsection, the term `TRACON'
means terminal radar approach control.''.
SEC. 511. <<NOTE: 49 USC 106 note.>> FAA REVIEW AND REFORM.
(a) Agency Report.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a detailed analysis of any actions taken to
address the findings and recommendations included in the report required
under section 812(d) of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 106 note), including--
(1) consolidating, phasing-out, or eliminating duplicative
positions, programs, roles, or offices;
(2) eliminating or streamlining wasteful practices;
(3) eliminating or phasing-out redundant, obsolete, or
unnecessary functions;
(4) reforming and streamlining inefficient processes so that
the activities of the Administration are completed in an
expedited and efficient manner; and
(5) reforming or eliminating ineffectual or outdated
policies.
(b) Additional Review.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall undertake and complete a
thorough review of each program, office, and organization within the
Administration to identify--
(1) duplicative positions, programs, roles, or offices;
(2) wasteful practices;
(3) redundant, obsolete, or unnecessary functions;
(4) inefficient processes; and
(5) ineffectual or outdated policies.
(c) Actions To Streamline and Reform FAA.--Not later than 60 days
after the date of completion of the review under subsection (b), the
Administrator shall undertake such actions as may be necessary to
address the findings of the Administrator under such subsection.
(d) Report to Congress.--Not later than 120 days after the date of
completion of the review under subsection (b), the Administrator shall
submit to the appropriate committees of Congress a report on the actions
taken by the Administrator pursuant to subsection (c), including any
recommendations for legislative or administrative actions.
SEC. 512. <<NOTE: 49 USC 40103 note.>> AIR SHOWS.
On an annual basis, the Administrator shall work with
representatives of Administration-approved air shows, the general
aviation community, and stadiums and other large outdoor events and
venues to identify and resolve, to the maximum extent practicable,
scheduling conflicts between Administration-approved air shows and large
outdoor events and venues where--
(1) flight restrictions will be imposed pursuant to section
521 of title V of division F of Public Law 108-199 (118 Stat.
343); or
[[Page 132 STAT. 3357]]
(2) any other restriction will be imposed pursuant to
Federal Aviation Administration Flight Data Center Notice to
Airmen 4/3621 (or any successor notice to airmen).
SEC. 513. <<NOTE: 49 USC 40101 note.>> PART 91 REVIEW, REFORM,
AND STREAMLINING.
(a) Establishment of Task Force.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall establish a task
force comprised of representatives of the general aviation industry who
regularly perform part 91 operations, labor unions (including those
representing FAA aviation safety inspectors and FAA aviation safety
engineers), manufacturers, and the Government to--
(1) conduct an assessment of the FAA oversight and
authorization processes and requirements for aircraft under part
91; and
(2) make recommendations to streamline the applicable
authorization and approval processes, improve safety, and reduce
regulatory cost burdens and delays for the FAA and aircraft
owners and operators who operate pursuant to part 91.
(b) Contents.--In conducting the assessment and making
recommendations under subsection (a), the task force shall consider--
(1) process reforms and improvements to allow the FAA to
review and approve applications in a fair and timely fashion;
(2) the appropriateness of requiring an authorization for
each experimental aircraft rather than using a broader all-
makes-and-models approach;
(3) ways to improve the timely response to letters of
authorization applications for aircraft owners and operators who
operate pursuant to part 91, including setting deadlines and
granting temporary or automatic authorizations if deadlines are
missed by the FAA;
(4) methods for enhancing the effective use of delegation
systems;
(5) methods for training the FAA's field office employees in
risk-based and safety management system oversight; and
(6) such other matters related to streamlining part 91
authorization and approval processes as the task force considers
appropriate.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the results of
the task force's assessment.
(2) Contents.--The report shall include an explanation of
how the Administrator will--
(A) implement the recommendations of the task force;
(B) measure progress in implementing the
recommendations; and
(C) measure the effectiveness of the implemented
recommendations.
(d) Implementation of Recommendations.--Not later than 18 months
after the date of enactment of this Act, the Administrator shall
implement the recommendations made under this section.
(e) Definition.--In this section, the term ``part 91'' means part 91
of title 14, Code of Federal Regulations.
[[Page 132 STAT. 3358]]
(f) Applicable Law.--Public Law 92-463 shall not apply to the task
force.
(g) Sunset.--The task force shall terminate on the day the
Administrator submits the report required under subsection (c).
SEC. 514. AIRCRAFT LEASING.
Section 44112(b) of title 49, United States Code, is amended--
(1) by striking ``on land or water''; and
(2) by inserting ``operational'' before ``control''.
SEC. 515. <<NOTE: 49 USC 40101 note.>> PILOTS SHARING FLIGHT
EXPENSES WITH PASSENGERS.
(a) Guidance.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall make publicly
available, in a clear and concise format, advisory guidance that
describes how a pilot may share flight expenses with passengers
in a manner consistent with Federal law, including regulations.
(2) Examples included.--The guidance shall include examples
of--
(A) flights for which pilots and passengers may
share expenses;
(B) flights for which pilots and passengers may not
share expenses;
(C) the methods of communication that pilots and
passengers may use to arrange flights for which expenses
are shared; and
(D) the methods of communication that pilots and
passengers may not use to arrange flights for which
expenses are shared.
(b) Report.--
(1) In general.--Not later than 180 days after the date on
which guidance is made publicly available under subsection (a),
the Comptroller General of the United States shall submit to the
appropriate committees of Congress a report analyzing Federal
policy with respect to pilots sharing flight expenses with
passengers.
(2) Evaluations included.--The report submitted under
paragraph (1) shall include an evaluation of--
(A) the rationale for such Federal policy;
(B) safety and other concerns related to pilots
sharing flight expenses with passengers; and
(C) benefits related to pilots sharing flight
expenses with passengers.
SEC. 516. <<NOTE: 49 USC 44720 note.>> TERMINAL AERODROME
FORECAST.
(a) In General.--The Administrator shall permit a covered air
carrier to operate to or from a location in a noncontiguous State
without a Terminal Aerodrome Forecast or Meteorological Aerodrome Report
if--
(1) such location is determined to be under visual
meteorological conditions;
(2) a current Area Forecast, supplemented by other local
weather observations or reports, is available; and
(3) an alternate airport that has an available Terminal
Aerodrome Forecast and weather report is specified.
(b) Procedures.--A covered air carrier shall--
[[Page 132 STAT. 3359]]
(1) have approved procedures for dispatch or release and
enroute weather evaluation; and
(2) operate under instrument flight rules enroute to the
destination.
(c) Limitation.--Without a written finding of necessity, based on
objective and historical evidence of imminent threat to safety, the
Administrator shall not promulgate any operation specification, policy,
or guidance document pursuant to this section that is more restrictive
than, or requires procedures that are not expressly stated in, the
regulations.
(d) Covered Air Carrier Defined.--In this section, the term
``covered air carrier'' means an air carrier operating in a
noncontiguous State under part 121 of title 14, Code of Federal
Regulations.
SEC. 517. <<NOTE: 49 USC 44703 note.>> PUBLIC AIRCRAFT ELIGIBLE
FOR LOGGING FLIGHT TIMES.
The Administrator shall issue regulations modifying section
61.51(j)(4) of title 14, Code of Federal Regulations, so as to include
aircraft under the direct operational control of forestry and fire
protection agencies as public aircraft eligible for logging flight
times.
SEC. 518. AIRCRAFT REGISTRY OFFICE.
The Administrator shall designate employees at the Aircraft Registry
Office in Oklahoma City, Oklahoma, as excepted employees in the event of
a shutdown or emergency furlough to ensure that the office remains open
for the duration of the lapse in Federal Government appropriations to
the Federal Aviation Administration.
SEC. 519. FAA DATA TRANSPARENCY.
Section 45303 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Data Transparency.--
``(1) Air traffic services initial data report.--
``(A) Initial report.--Not later than 6 months after
the date of enactment of the FAA Reauthorization Act of
2018, the Administrator and the Chief Operating Officer
of the Air Traffic Organization shall, based upon the
most recently available full fiscal year data, complete
the following calculations for each segment of air
traffic services users:
``(i) The total costs allocable to the use of
air traffic services for that segment during such
fiscal year.
``(ii) The total revenues received from that
segment during such fiscal year.
``(B) Validation of model.--
``(i) Review and determination.--Not later
than 3 months after completion of the initial
report required under subparagraph (A), the
inspector general of the Department of
Transportation shall review and determine the
validity of the model used by the Administrator
and the Chief Operating Officer to complete the
calculations required under subparagraph (A).
``(ii) Validation process.--In the event that
the inspector general determines that the model
used by the Administrator and the Chief Operating
Officer to complete the calculations required by
subparagraph (A) is not valid--
[[Page 132 STAT. 3360]]
``(I) the inspector general shall
provide the Administrator and Chief
Operating Officer recommendations on how
to revise the model;
``(II) the Administrator and the
Chief Operating Officer shall complete
the calculations required by
subparagraph (A) utilizing the revised
model and resubmit the revised initial
report required under subparagraph (A)
to the inspector general; and
``(III) not later than 3 months
after completion of the revised initial
report required under subparagraph (A),
the inspector general shall review and
determine the validity of the revised
model used by the Administrator and the
Chief Operating Officer to complete the
calculations required by subparagraph
(A).
``(iii) Access to data.--The Administrator and
the Chief Operating Officer shall provide the
inspector general of the Department of
Transportation with unfettered access to all data
produced by the cost accounting system operated
and maintained pursuant to subsection (e).
``(C) Report to congress.--Not later than 60 days
after completion of the review and receiving a
determination that the model used is valid under
subparagraph (B), the Administrator and the Chief
Operating Officer shall submit to the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on Ways and Means of
the House of Representatives, and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and the Committee on Finance of the
Senate a report describing the results of the
calculations completed under subparagraph (A).
``(D) Publication.--Not later than 60 days after
submission of the report required under subparagraph
(C), the Administrator and Chief Operating Officer shall
publish the initial report, including any revision
thereto if required as a result of the validation
process for the model.
``(2) Air traffic services biennial data reporting.--
``(A) Biennial data reporting.--Not later than March
31, 2019, and biennially thereafter for 8 years, the
Administrator and the Chief Operating Officer shall,
using the validated model, complete the following
calculations for each segment of air traffic services
users for the most recent full fiscal year:
``(i) The total costs allocable to the use of
the air traffic services for that segment.
``(ii) The total revenues received from that
segment.
``(B) Report to congress.--Not later than 15 days
after completing the calculations under subparagraph
(A), the Administrator and the Chief Operating Officer
shall complete and submit to the Committee on
Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on Ways and Means of
the House of Representatives, and the Committee on
Commerce, Science, and Transportation, the Committee on
Appropriations, and
[[Page 132 STAT. 3361]]
the Committee on Finance of the Senate a report
containing the results of such calculations.
``(C) Publication.--Not later than 60 days after
completing the calculations pursuant to subparagraph
(A), the Administrator and the Chief Operating Officer
shall publish the results of such calculations.
``(3) Segments of air traffic services users.--
``(A) In general.--For purposes of this subsection,
each of the following shall constitute a separate
segment of air traffic services users:
``(i) Passenger air carriers conducting
operations under part 121 of title 14, Code of
Federal Regulations.
``(ii) All-cargo air carriers conducting
operations under part 121 of such title.
``(iii) Operators covered by part 125 of such
title.
``(iv) Air carriers and operators of piston-
engine aircraft operating under part 135 of such
title.
``(v) Air carriers and operators of turbine-
engine aircraft operating under part 135 of such
title.
``(vi) Foreign air carriers providing
passenger air transportation.
``(vii) Foreign air carriers providing all-
cargo air transportation.
``(viii) Operators of turbine-engine aircraft
operating under part 91 of such title, excluding
those operating under subpart (K) of such part.
``(ix) Operators of piston-engine aircraft
operating under part 91 of such title, excluding
those operating under subpart (K) of such part.
``(x) Operators covered by subpart (K) of part
91 of such title.
``(xi) Operators covered by part 133 of such
title.
``(xii) Operators covered by part 136 of such
title.
``(xiii) Operators covered by part 137 of such
title.
``(xiv) Operators of public aircraft that
qualify under section 40125.
``(xv) Operators of aircraft that neither take
off from, nor land in, the United States.
``(B) Additional segments.--The Secretary may
identify and include additional segments of air traffic
users under subparagraph (A) as revenue and air traffic
services cost data become available for that additional
segment of air traffic services users.
``(4) Definitions.--For purposes of this subsection:
``(A) Air traffic services.--The term `air traffic
services' means services--
``(i) used for the monitoring, directing,
control, and guidance of aircraft or flows of
aircraft and for the safe conduct of flight,
including communications, navigation, and
surveillance services and provision of
aeronautical information; and
``(ii) provided directly, or contracted for,
by the Federal Aviation Administration.
``(B) Air traffic services user.--The term `air
traffic services user' means any individual or entity
using air traffic services provided directly, or
contracted for, by the
[[Page 132 STAT. 3362]]
Federal Aviation Administration within United States
airspace or international airspace delegated to the
United States.''.
SEC. 520. <<NOTE: 49 USC 40113 note.>> INTRA-AGENCY COORDINATION.
Not later than 120 days after the date of enactment of this Act, the
Administrator shall implement a policy that--
(1) designates the Associate Administrator for Commercial
Space Transportation as the primary liaison between the
commercial space transportation industry and the Administration;
(2) recognizes the necessity of, and set forth processes
for, launch license and permit holder coordination with the Air
Traffic Organization on matters including--
(A) the use of air navigation facilities;
(B) airspace safety; and
(C) planning of commercial space launch and launch
support activities;
(3) designates a single point of contact within the Air
Traffic Organization who is responsible for--
(A) maintaining letters of agreement between a
launch license or permit holder and a Federal Aviation
Administration facility;
(B) making such letters of agreement available to
the Associate Administrator for Commercial Space
Transportation;
(C) ensuring that a facility that has entered into
such a letter of agreement is aware of and fulfills its
responsibilities under the letter; and
(D) liaising between the Air Traffic Organization
and the Associate Administrator for Commercial Space
Transportation on any matter relating to such a letter
of agreement; and
(4) requires the Associate Administrator for Commercial
Space Transportation to facilitate, upon the request of a launch
license or permit holder--
(A) coordination between a launch license and permit
holder and the Air Traffic Organization; and
(B) the negotiation of letters of agreement between
a launch license or permit holder and a Federal Aviation
Administration facility or the Air Traffic Organization.
SEC. 521. ADMINISTRATIVE SERVICES FRANCHISE FUND.
(a) In General.--Not later than 30 days after the date of enactment
of this section, the inspector general of the Department of
Transportation shall initiate an audit of the Administrative Services
Franchise Fund of the FAA (in this section referred to as the
``Franchise Fund'').
(b) Considerations.--In conducting the audit pursuant to subsection
(a), the inspector general shall--
(1) review the history, intended purpose, and objectives of
the Franchise Fund;
(2) describe and assess each program, service, or activity
that uses the Franchise Fund, including--
(A) the agencies or government bodies that use each
program, service, or activity;
[[Page 132 STAT. 3363]]
(B) the number of employees, including full-time
equivalents and contractors, associated with each
program, service, or activity;
(C) the costs associated with the employees
described in subparagraph (B) and the extent to which
such costs are covered by Federal appropriations or
Franchise Fund revenue;
(D) the revenue, expenses, and profits or losses
associated with each program, service, or activity;
(E) overhead rates associated with each program,
service, or activity; and
(F) a breakdown of the revenue collected from
services provided to the FAA, Department of
Transportation, other Federal entities, and non-Federal
entities;
(3) assess the FAA's governance and oversight of the
Franchise Fund and the programs, service, and activities that
use the Franchise Fund, including the use of internal and
publicly available performance metrics;
(4) evaluate the current and historical unobligated and
unexpended balances of the Franchise Fund; and
(5) assess the degree to which FAA policies and controls
associated with the Franchise Fund conform with generally
accepted accounting principles, Federal policies, best
practices, or other guidance relating to revolving funds.
(c) Report.--Not later than 180 days after the date of initiation of
the audit described in subsection (a), the inspector general shall
submit to the appropriate committees of Congress a report on the results
of the audit, including findings and recommendations.
SEC. 522. AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST.
(a) Repeal.--Subsection (b) of section 211 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note) is repealed.
(b) <<NOTE: 49 USC 40101 note.>> Requirement.--The Administrator
shall ensure that any regulation issued pursuant to such subsection has
no force or effect.
SEC. 523. CONTRACT WEATHER OBSERVERS.
Section 2306(b) of the FAA Extension, Safety, and Security Act of
2016 (Public Law 114-190; 130 Stat. 641) is amended by striking ``2018''
and inserting ``2023''.
SEC. 524. REGIONS AND CENTERS.
(a) In General.--Section 44507 of title 49, United States Code, is
amended--
(1) by striking the section heading and inserting ``Regions
and centers'';
(2) by striking ``The Civil Aeromedical Institute'' and
inserting the following:
``(a) Civil Aeromedical Institute.--The Civil Aeromedical
Institute''; and
(3) by adding at the end the following:
``(b) William J. Hughes Technical Center.--The Secretary of
Transportation shall define the roles and responsibilities of the
William J. Hughes Technical Center in a manner that is consistent with
the defined roles and responsibilities of the Civil Aeromedical
Institute under subsection (a).''.
[[Page 132 STAT. 3364]]
(b) Clerical Amendment.--The analysis for chapter 445 of title 49,
United States Code, <<NOTE: 49 USC 44501 prec.>> is amended by striking
the item relating to section 44507 and inserting the following:
``44507. Regions and centers.''.
SEC. 525. <<NOTE: 49 USC 40101 note.>> GEOSYNTHETIC MATERIALS.
The Administrator, to the extent practicable, shall encourage the
use of durable, resilient, and sustainable materials and practices,
including the use of geosynthetic materials and other innovative
technologies, in carrying out the activities of the Federal Aviation
Administration.
SEC. 526. NATIONAL AIRMAIL MUSEUM.
(a) Findings.--Congress finds that--
(1) in 1930, commercial airmail carriers began operations at
Smith Field in Fort Wayne, Indiana;
(2) the United States lacks a national museum dedicated to
airmail; and
(3) the airmail hangar at Smith Field in Fort Wayne,
Indiana--
(A) will educate the public on the role of airmail
in aviation history; and
(B) honor the role of the hangar in the history of
the Nation's airmail service.
(b) Designation.--
(1) In general.--The airmail museum located at the Smith
Field in Fort Wayne, Indiana, is designated as the ``National
Airmail Museum''.
(2) Effect of designation.--The national museum designated
by this section is not a unit of the National Park System and
the designation of the National Airmail Museum shall not require
or permit Federal funds to be expended for any purpose related
to that national memorial.
SEC. 527. STATUS OF AGREEMENT BETWEEN FAA AND LITTLE ROCK PORT
AUTHORITY.
(a) Briefing Requirement.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall provide to the
appropriate committees of Congress a briefing on the agreement between
the FAA and the Little Rock Port Authority to relocate the Little Rock
Very High Frequency Omnidirectional Range with Collocated Tactical Air
Control and Navigation (LIT VORTAC).
(b) Briefing Contents.--The briefing required under subsection (a)
shall include the following:
(1) The status of the efforts by the Federal Aviation
Administration to relocate the LIT VORTAC.
(2) The long-term and short-term budget projections for the
relocation project.
(3) A description of and timeline for each phase of the
relocation project.
(4) A description of and explanation for the required
location radius.
(5) A description of work completed by the Federal Aviation
Administration as of the date of the briefing.
[[Page 132 STAT. 3365]]
SEC. 528. BRIEFING ON AIRCRAFT DIVERSIONS FROM LOS ANGELES
INTERNATIONAL AIRPORT TO HAWTHORNE
MUNICIPAL AIRPORT.
Not later than 1 year after the date of the enactment of this Act,
the Administrator shall provide a briefing to appropriate committees of
Congress on diversions of aircraft from Los Angeles International
Airport to Hawthorne Municipal Airport, also known as Jack Northrop
Field, in the City of Hawthorne, California. This briefing shall cover
at least the previous one-year period and include the total number of
aircraft diversions, the average number of diversions per day, the types
of aircraft diverted, and the reasons for the diversions.
SEC. 529. TFR REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act (except as described in subsection (d)), the Administrator
shall submit to the appropriate committees of Congress a report
containing the results of the study described in subsection (b).
(b) Recommendations.--The Administrator shall make recommendations
based on--
(1) an analysis of--
(A) the economic effects of temporary flight
restrictions, particularly temporary flight restrictions
issued pursuant to section 91.141 of title 14, Code of
Federal Regulations, on airports or aviation-related
businesses located or based in an area covered by the
temporary flight restriction; and
(B) potential options and recommendations for
mitigating identified negative economic effects on
airports or aviation-related businesses located or based
in an area frequently covered by a temporary flight
restriction; and
(2) an analysis of the potential for using security
procedures similar to those described in the Maryland Three
Program (allowing properly vetted private pilots to fly to,
from, or between the three general aviation airports closest to
the National Capital Region) during temporary flight
restrictions in the following airports:
(A) Solberg Airport.
(B) Somerset Airport.
(C) Palm Beach County Park Airport (also known as
Lantana Airport).
(c) Collaboration.--In making the recommendations described in
subsection (b), the Administrator shall consult with--
(1) industry stakeholders; and
(2) the head of any other agency that, in the
Administrator's determination, is a stakeholder agency.
(d) Special Deadline.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report containing the results of the portion of
the study described in subsection (b)(1)(A).
SEC. 530. <<NOTE: 49 USC 40103 note.>> AIR TRAFFIC SERVICES AT
AVIATION EVENTS.
(a) Requirement to Provide Services and Related Support.--The
Administrator shall provide air traffic services and aviation safety
support for large, multiday aviation events, including airshows and fly-
ins, where the average daily number of manned
[[Page 132 STAT. 3366]]
operations were 1,000 or greater in at least one of the preceding two
years, without the imposition or collection of any fee, tax, or other
charge for that purpose. Amounts for the provision of such services and
support shall be derived from amounts appropriated or otherwise
available for the Administration.
(b) Determination of Services and Support to Be Provided.--In
determining the services and support to be provided for an aviation
event for purposes of subsection (a), the Administrator shall take into
account the following:
(1) The services and support required to meet levels of
activity at prior events, if any, similar to the event.
(2) The anticipated need for services and support at the
event.
SEC. 531. APPLICATION OF VETERANS' PREFERENCE TO FEDERAL AVIATION
ADMINISTRATION PERSONNEL MANAGEMENT
SYSTEM.
Section 40122(g)(2)(B) of title 49, United States Code, is amended--
(1) by inserting ``3304(f), to the extent consistent with
the Federal Aviation Administration's status as an excepted
service agency,'' before ``3308-3320''; and
(2) by inserting ``3330a, 3330b, 3330c, and 3330d,'' before
``relating''.
SEC. 532. <<NOTE: 49 USC 44701 note.>> CLARIFICATION OF
REQUIREMENTS FOR LIVING HISTORY FLIGHTS.
(a) In General.--Notwithstanding any other law or regulation, in
administering sections 61.113(c), 91.9, 91.315, 91.319(a)(1),
91.319(a)(2), 119.5(g), and 119.21(a) of title 14, Code of Federal
Regulations (or any successor regulations), the Administrator shall
allow an aircraft owner or operator to accept monetary or in-kind
donations for a flight operated by a living history flight experience
provider, if the aircraft owner or operator has--
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the flight, at
the time of inquiry about the flight, that the flight operation
is for charitable purposes and is not subject to the same
requirements as a commercial flight.
(b) Conditions To Ensure Public Safety.--The Administrator,
consistent with current standards of the Administration for such
operations, shall impose minimum standards with respect to training and
flight hours for operations conducted by an owner or operator of an
aircraft providing living history flight experience operations,
including mandating that the pilot in command of such aircraft hold a
commercial pilot certificate with instrument rating and be current and
qualified with respect to all ratings or authorizations applicable to
the specific aircraft being flown to ensure the safety of flight
operations described in subsection (a).
(c) Living History Flight Experience Provider Defined.--In this
section, the term ``living history flight experience provider'' means an
aircraft owner, aircraft operator, or organization that provides,
arranges, or otherwise fosters living history flight experiences for the
purpose of fulfilling its mission.
[[Page 132 STAT. 3367]]
SEC. 533. REVIEW AND REFORM OF FAA PERFORMANCE MANAGEMENT SYSTEM.
(a) Establishment of Advisory Panel.--Not later than 90 days after
the date of enactment of this section, the Secretary of Transportation
shall establish an advisory panel comprising no more than 7 independent,
nongovernmental experts in budget, finance, or personnel management to
review and evaluate the effectiveness of the FAA's personnel management
system and performance management program for employees not covered by
collective bargaining agreements.
(b) Review, Evaluation, and Recommendations.--The advisory panel
shall, at a minimum--
(1) review all appropriate FAA orders, policies, procedures,
guidance, and the Human Resources Policy Manual;
(2) review any applicable reports regarding FAA's personnel
management system, including reports of the Department of
Transportation Office of Inspector General, Government
Accountability Office, and National Academy of Public
Administration, and determine the status of recommendations made
in those reports;
(3) review the personnel management system of any other
agency or governmental entity with a similar system to the FAA
for best practices with regard to personnel management;
(4) assess the unique personnel authorities granted to the
FAA, determine whether the FAA has taken full advantage of those
authorities, and identify those authorities the FAA has not
fully taken advantage of;
(5) review and determine the overall effectiveness of the
FAA's compensation, bonus pay, performance metrics, and
evaluation processes for employees not covered by collective
bargaining agreements;
(6) review whether existing performance metrics and bonus
pay practices align with the FAA's mission and significantly
improve the FAA's provision of air traffic services,
implementation of air traffic control modernization initiatives,
and accomplishment of other FAA operational objectives;
(7) identify the highest, lowest, and average complete
compensation for each position of employees not covered by
collective bargaining agreements;
(8) survey interested parties and stakeholders, including
representatives of the aviation industry, for their views and
recommendations regarding improvements to the FAA's personnel
management system and performance management program;
(9) develop recommendations to address the findings of the
work done pursuant to paragraphs (1) through (7), and to address
views and recommendations raised by interested parties pursuant
to paragraph (8); and
(10) develop recommendations to improve the FAA's personnel
management system and performance management program, including
the compensation, bonus pay, performance metrics, and evaluation
processes, for employees not covered by collective bargaining
agreements.
(c) Report.--Not later than 1 year after initiating the review and
evaluation pursuant to subsection (a), the advisory panel shall submit a
report on the results of the review and evaluation and
[[Page 132 STAT. 3368]]
its recommendations to the Secretary, the Administrator, the appropriate
committees of Congress.
(d) Report to Congress.--Not later than 3 months after submittal of
the report pursuant to subsection (c), the Administrator shall transmit
to the appropriate committees of Congress a report summarizing the
findings of the advisory panel that--
(1) contains an explanation of how the Administrator will
implement the recommendations of the advisory panel and measure
the effectiveness of the recommendations; and
(2) specifies any recommendations that the Administrator
will not implement and the reasons for not implementing such
recommendations.
(e) Sunset.--The advisory panel shall terminate on the date that is
60 days after the transmittal of the report pursuant to subsection (d).
SEC. 534. NEXTGEN DELIVERY STUDY.
(a) Study.--Not later than 180 days after the enactment of this Act,
the inspector general of the Department of Transportation shall initiate
a study of the potential impacts of a significantly delayed,
significantly diminished, or completely failed delivery of the Next
Generation Air Transportation System modernization initiative by the
Federal Aviation Administration, including impacts to the air traffic
control system and the national airspace system as a whole.
(b) Scope of Study.--In carrying out the study under subsection (a),
the inspector general shall assess the Administration's performance
related to the NextGen modernization initiative, including--
(1) the potential impacts on the operational efficiency of
our aviation system;
(2) an analysis of potential economic losses and stranded
investments directly related to NextGen;
(3) an analysis of the potential impacts to our
international competitiveness in aviation innovation;
(4) an analysis of the main differences that would be seen
in our air traffic control system;
(5) the potential impacts on the flying public, including
potential impacts to flight times, fares, and delays in the air
and on the ground;
(6) the effects on supply chains reliant on air
transportation of cargo;
(7) the potential impacts on the long-term benefits promised
by NextGen;
(8) an analysis of the potential impacts on aircraft noise
and flight paths;
(9) the potential changes in separation standards, fuel
consumption, flight paths, block times, and landing procedures
or lack thereof;
(10) the potential impacts on aircraft taxi times and
aircraft emissions or lack thereof;
(11) a determination of the total potential costs and
logistical challenges of the failure of NextGen, including a
comparison of the potential loss of the return on public and
private sector investment related to NextGen, as compared to
other available investment alternatives, between December 12,
2003, and the date of enactment of this Act; and
[[Page 132 STAT. 3369]]
(12) other matters arising in the course of the study.
(c) Report.--Not later than 1 year after the date of initiation of
the study under subsection (a), the inspector general shall submit to
the appropriate committees of Congress a report on the results of the
study.
SEC. 535. STUDY ON ALLERGIC REACTIONS.
Not later than 120 days after the date of enactment of this Act, the
Administrator shall--
(1) study the prevalence of allergic reactions on board
flights, whether airlines universally report reactions to the
Federal Aviation Administration, and the frequency of first aid
inventory checks to ensure medicine to prevent anaphylactic
shock is in an aircraft; and
(2) submit a report to the Committees on Transportation and
Infrastructure, Energy and Commerce, and Appropriations of the
House of Representatives and the Committees on Commerce,
Science, and Transportation, Health, Education, Labor, and
Pensions, and Appropriations of the Senate.
SEC. 536. OXYGEN MASK DESIGN STUDY.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall conduct a study to review and evaluate the design
and effectiveness of commercial aircraft oxygen masks. In conducting the
study, the Administrator shall determine whether the current design of
oxygen masks is adequate, and whether changes to the design could
increase correct passenger usage of the masks.
SEC. 537. AIR CARGO STUDY.
(a) In General.--Not later than 6 months after the date of enactment
of this Act, the Comptroller General of the United States shall begin a
study of international air cargo services among the United States and
Central American, South American, and Caribbean Basin countries, that--
(1) analyzes the supply of and demand for air cargo
transportation services among the United States and Central
American, South American, and Caribbean Basin countries;
(2) analyzes the supply of and demand for air cargo
transportation services between--
(A) the United States, Central American, South
American, and Caribbean Basin countries; and
(B) African and European countries;
(3) identifies the busiest routes in terms of cargo capacity
and frequency of air service;
(4) identifies any air carrier or foreign air carrier hubs
in Central American, South American, and Caribbean Basin
countries at which a significant amount of air cargo is sorted,
handled, or consolidated for transportation to or from the
United States;
(5) identifies any air carrier or foreign air carrier hubs
in the United States at which a significant amount of air cargo
is sorted, handled, or consolidated for transportation to or
from Central American, South American, and Caribbean Basin
countries.
(6) identifies any significant gaps in the air cargo
services or cargo air carrier networks--
(A) among the countries described in paragraph
(2)(A);
[[Page 132 STAT. 3370]]
(B) between such countries and African countries;
and
(C) between such countries and European countries;
and
(7) assesses the possible impact of the establishment of an
air carrier hub in Puerto Rico at which air cargo is sorted,
handled, or consolidated for transportation to or from the
United States, including the impact on--
(A) the employment rate and economy of Puerto Rico;
(B) domestic and foreign air transportation of
cargo;
(C) United States competitiveness in the air
transportation of cargo;
(D) air cargo operations at other airports in the
United States; and
(E) domestic air carrier employment.
(b) Report.--Not later than 12 months after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study described in
subsection (a).
(c) Definition.--In this section, the term ``Caribbean Basin
countries'' has the same meaning given the term ``Caribbean Basin
country'' in section 501 of the Food for Peace Act (7 U.S.C. 1737).
SEC. 538. SENSE OF CONGRESS ON PREVENTING THE TRANSPORTATION OF
DISEASE-CARRYING MOSQUITOES AND OTHER
INSECTS ON COMMERCIAL AIRCRAFT.
It is the sense of Congress that the Secretary of Transportation and
the Secretary of Agriculture should, in coordination and consultation
with the World Health Organization, develop a framework and guidance for
the use of safe, effective, and nontoxic means of preventing the
transportation of disease-carrying mosquitoes and other insects on
commercial aircraft.
SEC. 539. TECHNICAL CORRECTIONS.
(a) Airport Capacity Enhancement Projects at Congested Airports.--
Section 40104(c) of title 49, United States Code, is amended by striking
``section 47176'' and inserting ``section 47175''.
(b) Passenger Facility Charges.--Section 40117(a)(5) of title 49,
United States Code, is amended by striking ``charge or charge'' and
inserting ``charge''.
(c) Overflights of National Parks.--Section 40128(a)(3) of title 49,
United States Code, is amended by striking ``under part 91 of the title
14,'' and inserting ``under part 91 of title 14,''.
(d) Plans To Address Needs of Families of Passengers Involved in
Foreign Air Carrier Accidents.--Section 41313(c)(16) of title 49, United
States Code, is amended by striking ``An assurance that the foreign air
carrier'' and inserting ``An assurance that''.
(e) Operations of Carriers.--The analysis for chapter 417 of title
49, United States Code, <<NOTE: 49 USC 41701 prec.>> is amended by
striking the item relating to section 41718 and inserting the following:
``41718. Special rules for Ronald Reagan Washington National Airport.''.
(f) Schedules for Certain Transportation of Mail.--Section 41902(a)
of title 49, United States Code, is amended by striking ``section
41906'' and inserting ``section 41905''.
(g) Weighing Mail.--Section 41907 of title 49, United States Code,
is amended by striking ``and'' and all that follows through
``administrative'' and inserting ``and administrative''.
[[Page 132 STAT. 3371]]
(h) Structures Interfering With Air Commerce or National Security.--
Section 44718(b)(1) of title 49, United States Code, is amended--
(1) in the matter preceding subparagraph (A) by striking
``air navigation facilities and equipment'' and inserting ``air
or space navigation facilities and equipment''; and
(2) in subparagraph (A)--
(A) in clause (v) by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the impact on launch and reentry for
launch and reentry vehicles arriving or departing
from a launch site or reentry site licensed by the
Secretary of Transportation; and''.
(i) Flight Attendant Certification.--Section 44728 of title 49,
United States Code, is amended--
(1) in subsection (c), by striking ``chapter'' and inserting
``title''; and
(2) in subsection (d)(3), by striking ``is'' and inserting
``be''.
(j) Fees Involving Aircraft Not Providing Air Transportation.--
Section 45302 of title 49, United States Code, is amended by striking
``44703(f)(2)'' each place it appears and inserting ``44703(g)(2)''.
(k) Schedule of Fees.--Section 45301(a)(1) of title 49, United
States Code, is amended by striking ``United States government'' and
inserting ``United States Government''.
(l) Classified Evidence.--Section 46111(g)(2)(A) of title 49, United
States Code, is amended by striking ``(18 U.S.C. App.)'' and inserting
``(18 U.S.C. App.))''.
(m) Chapter 465.--The analysis for chapter 465 of title 49, United
States Code, <<NOTE: 49 USC 46501 prec.>> is amended by striking the
following item:
``46503. Repealed.''.
(n) Allowable Cost Standards.--Section 47110(b)(2) of title 49,
United States Code, is amended--
(1) in subparagraph (B), by striking ``compatability'' and
inserting ``compatibility''; and
(2) in subparagraph (D)(i), by striking ``climactic'' and
inserting ``climatic''.
(o) Definition of Qualified HUBZone Small Business Concern.--Section
47113(a)(3) of title 49, United States Code, is amended by striking
``(15 U.S.C. 632(o))'' and inserting ``(15 U.S.C. 632(p))''.
(p) Special Apportionment Categories.--Section 47117(e)(1)(B) is
amended by striking ``at least'' and inserting ``At least''.
(q) Solicitation and Consideration of Comments.--Section 47171(l) of
title 49, United States Code, is amended by striking ``4371'' and
inserting ``4321''.
(r) Operations and Maintenance.--Section 48104 is amended by
striking ``(a) Authorization of Appropriations.--the'' and inserting
``The''.
(s) Adjustments to Compensation for Significantly Increased Costs.--
Section 426 of the FAA Modernization and Reform Act of 2012 is amended--
(1) in subsection (a) (49 U.S.C. 41737 note) by striking
``Secretary'' and inserting ``Secretary of Transportation''; and
[[Page 132 STAT. 3372]]
(2) in subsection (c) (49 U.S.C. 41731 note) by striking
``the Secretary may waive'' and inserting ``the Secretary of
Transportation may waive''.
(t) Aircraft Departure Queue Management Pilot Program.--Section
507(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44505
note) is amended by striking ``section 48101(a)'' and inserting
``section 48101(a) of title 49, United States Code,''.
SEC. 540. REPORT ON ILLEGAL CHARTER FLIGHTS.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation shall submit to the appropriate committees
of Congress an analysis of reports filed during the 10-year period
preceding such date of enactment through the illegal charter hotline of
the FAA and other sources that includes--
(1) what followup action the Department of Transportation or
the Administration takes when a report of illegal charter
operations is received;
(2) how the Department of Transportation or the
Administration decides to allocate resources;
(3) challenges the Department of Transportation or the
Administration face in identifying illegal operators; and
(4) recommendations for improving the efforts of the
Department of Transportation or the Administration to combat
illegal charter carrier operations.
SEC. 541. USE OF NASA'S SUPER GUPPY AIRCRAFT FOR COMMERCIAL
TRANSPORT.
Notwithstanding section 40125 of title 49, United States Code, the
Aero Spacelines Super Guppy Turbine B-377-SGT aircraft, serial number
0004, may be used to provide the transport, for compensation or hire, of
oversized space launch vehicle components or oversized spacecraft
components while continuing to qualify as a public aircraft operation
pursuant to section 40102(a)(41)(A) of title 49, United States Code,
if--
(1) the aircraft is owned and operated by the National
Aeronautics and Space Administration;
(2) commercial operation is limited to operations conducted
wholly in United States airspace; and
(3) no commercially available domestic air transport
alternative exists.
SEC. 542. PROHIBITED AIRSPACE ASSESSMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation, in coordination with
appropriate Federal agencies, shall conduct an assessment on the
security of United States prohibited airspace designated by the Federal
Aviation Administration, with a focus on permanent prohibited airspace
(in this section referred to as ``United States prohibited airspace'').
(b) Minimum Components.--The assessment developed under subsection
(a) shall be unclassified but may contain a classified annex. It shall,
at a minimum, include--
(1) a summary of the number and types of violations of
United States prohibited airspace and historical trends of such
numbers and types;
(2) an assessment of the processes used to establish United
States prohibited airspace;
[[Page 132 STAT. 3373]]
(3) an assessment of manned and unmanned aircraft, current
and future, with the ability to penetrate United States
prohibited airspace undetected;
(4) an assessment of the current and future capabilities of
the United States to mitigate threats to United States
prohibited airspace;
(5) recommendations on how to improve security of United
States prohibited airspace; and
(6) a process to modify section 99.7 of title 14, Code of
Federal Regulations, to expand the Administrator's authority to
establish temporary flight restrictions in cooperation with
State and local law enforcement agencies, or as required for
purposes of national security, homeland security, or law
enforcement support.
SEC. 543. REPORT ON MULTIAGENCY USE OF AIRSPACE AND ENVIRONMENTAL
REVIEW.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator, in consultation with the
Secretary of Defense, shall submit to the covered committees of Congress
a report documenting efforts made toward improving processes to resolve
persistent challenges for special use airspace requests in support of,
or associated with, short notice testing requirements at Major Range and
Test Facility Bases, including the establishment of temporary military
operations areas used for conducting short-term, scheduled exercises.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) Analysis of previous efforts to streamline internal
processes associated with the designation of temporary military
operations areas at Major Range and Test Facility Bases and the
use of such areas for scheduled exercises.
(2) Analysis of progress made to ensure consistency of
environmental review, including impact analysis, associated
environmental studies, or consultation, while complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other environmental requirements.
(3) Identification of challenges, if any, in complying with
the National Environmental Policy Act of 1969.
(4) A description of airspace requirements, current test and
training needs statements completed during the 10-year period
preceding the report, and future 5-year requirements, including
all temporary military operating areas, special use airspaces,
instrument routes, visual routes, and unfulfilled user
requirements.
(5) Proposed options and solutions to overcome identified
challenges, if any, including identifying whether--
(A) a solution or solutions can be incorporated
within the existing Federal Aviation Administration and
Department of Defense Memorandum of Understanding; or
(B) changes to current law are required.
(c) Definitions.--In this section:
(1) Covered committees of congress.--The term ``covered
committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of
the Senate; and
[[Page 132 STAT. 3374]]
(B) the Committee on Transportation and
Infrastructure and the Committee on Armed Services of
the House of Representatives.
(2) Major range and test facility base.--The term ``Major
Range and Test Facility Base'' has the meaning given the term in
section 196(i) of title 10, United States Code.
(3) Special use airspace.--The term ``special use airspace''
means certain designations of airspace designated by the Federal
Aviation Administration, as administered by the Secretary of
Defense.
SEC. 544. AGENCY PROCUREMENT REPORTING REQUIREMENTS.
Section 40110(d) of title 49, United States Code, is amended by
adding at the end the following:
``(5) Annual report on the purchase of foreign manufactured
articles.--
``(A) Report.--(i) Not later than 90 days after the
end of the fiscal year, the Secretary of Transportation
shall submit a report to Congress on the dollar amount
of acquisitions subject to the Buy American Act made by
the agency from entities that manufacture the articles,
materials, or supplies outside of the United States in
such fiscal year.
``(ii) The report required by clause (i) shall only
include acquisitions with total value exceeding the
micro-purchase level.
``(B) Contents.--The report required by subparagraph
(A) shall separately indicate--
``(i) the dollar value of any articles,
materials, or supplies purchased that were
manufactured outside of the United States; and
``(ii) a summary of the total procurement
funds spent on goods manufactured in the United
States versus funds spent on goods manufactured
outside of the United States.
``(C) Availability of report.--The Secretary shall
make the report under subparagraph (A) publicly
available on the agency's website not later than 30 days
after submission to Congress.''.
SEC. 545. FAA ORGANIZATIONAL REFORM.
(a) Chief Technology Officer.--Section 106(s) of title 49, United
States Code, is amended to read as follows:
``(s) Chief Technology Officer.--
``(1) In general.--
``(A) Appointment.--There shall be a Chief
Technology Officer appointed by the Chief Operating
Officer. The Chief Technology Officer shall report
directly to the Chief Operating Officer.
``(B) Minimum qualifications.--The Chief Technology
Officer shall have--
``(i) at least 10 years experience in
engineering management or another relevant
technical management field; and
``(ii) knowledge of or experience in the
aviation industry.
``(C) Removal.--The Chief Technology Officer shall
serve at the pleasure of the Administrator.
[[Page 132 STAT. 3375]]
``(D) Restriction.--The Chief Technology Officer may
not also be the Deputy Administrator.
``(2) Responsibilities.--The responsibilities of the Chief
Technology Officer shall include--
``(A) ensuring the proper operation, maintenance,
and cybersecurity of technology systems relating to the
air traffic control system across all program offices of
the Administration;
``(B) coordinating the implementation, operation,
maintenance, and cybersecurity of technology programs
relating to the air traffic control system with the
aerospace industry and other Federal agencies;
``(C) reviewing and providing advice to the
Secretary, the Administrator, and the Chief Operating
Officer on the Administration's budget, cost-accounting
system, and benefit-cost analyses with respect to
technology programs relating to the air traffic control
system;
``(D) consulting with the Administrator on the
Capital Investment Plan of the Administration prior to
its submission to Congress;
``(E) developing an annual air traffic control
system technology operation and maintenance plan that is
consistent with the annual performance targets
established under paragraph (4); and
``(F) ensuring that the air traffic control system
architecture remains, to the maximum extent practicable,
flexible enough to incorporate future technological
advances developed and directly procured by aircraft
operators.
``(3) Compensation.--
``(A) In general.--The Chief Technology Officer
shall be paid at an annual rate of basic pay to be
determined by the Administrator, in consultation with
the Chief Operating Officer. The annual rate may not
exceed the annual compensation paid under section 102 of
title 3. The Chief Technology Officer shall be subject
to the postemployment provisions of section 207 of title
18 as if the position of Chief Technology Officer were
described in section 207(c)(2)(A)(i) of that title.
``(B) Bonus.--In addition to the annual rate of
basic pay authorized by subparagraph (A), the Chief
Technology Officer may receive a bonus for any calendar
year not to exceed 30 percent of the annual rate of
basic pay, based upon the Administrator's evaluation of
the Chief Technology Officer's performance in relation
to the performance targets established under paragraph
(4).
``(4) Annual performance targets.--
``(A) In general.--The Administrator and the Chief
Operating Officer, in consultation with the Chief
Technology Officer, shall establish measurable annual
performance targets for the Chief Technology Officer in
key operational areas.
``(B) Report.--The Administrator shall transmit 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 describing the annual performance targets
established under subparagraph (A).
[[Page 132 STAT. 3376]]
``(5) Annual performance report.--The Chief Technology
Officer shall prepare and transmit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the Senate
an annual report containing--
``(A) detailed descriptions and metrics of how
successful the Chief Technology Officer was in meeting
the annual performance targets established under
paragraph (4); and
``(B) other information as may be requested by the
Administrator and the Chief Operating Officer.''.
(b) Conforming Amendments.--
(1) Section 709(a)(3)(L) of the Vision 100-Century of
Aviation Reauthorization Act (49 U.S.C. 40101 note) is amended
by striking ``Chief NextGen Officer'' and inserting ``Chief
Technology Officer''.
(2) Section 804(a)(4)(A) of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 44501 note) is amended by striking
``Chief NextGen Officer'' and inserting ``Chief Technology
Officer''.
SEC. 546. <<NOTE: 49 USC 44701 note.>> FAA CIVIL AVIATION
REGISTRY UPGRADE.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall complete covered upgrades of the Administration's Civil Aviation
Registry (in this section referred to as the ``Registry'').
(b) Covered Upgrade Defined.--In this section, the term ``covered
upgrades'' means--
(1) the digitization of nondigital Registry information,
including paper documents, microfilm images, and photographs,
from an analog or nondigital format to a digital format;
(2) the digitalization of Registry manual and paper-based
processes, business operations, and functions by leveraging
digital technologies and a broader use of digitized data;
(3) the implementation of systems allowing a member of the
public to submit any information or form to the Registry and
conduct any transaction with the Registry by electronic or other
remote means; and
(4) allowing more efficient, broader, and remote access to
the Registry.
(c) Applicability.--The requirements of subsection (a) shall apply
to the entire Civil Aviation Registry, including the Aircraft
Registration Branch and the Airmen Certification Branch.
(d) Manual Surcharge.--Chapter 453 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 45306. <<NOTE: 49 USC 45306.>> Manual surcharge
``(a) In General.--Not later 3 years after the date of enactment of
the FAA Reauthorization Act of 2018, the Administrator shall impose and
collect a surcharge on a Civil Aviation Registry transaction that--
``(1) is conducted in person at the Civil Aviation Registry;
``(2) could be conducted, as determined by the
Administrator, with the same or greater level of efficiency by
electronic or other remote means; and
[[Page 132 STAT. 3377]]
``(3) is not related to research or other non-commercial
activities.
``(b) Maximum Surcharge.--A surcharge imposed and collected under
subsection (a) shall not exceed twice the maximum fee the Administrator
is authorized to charge for the registration of an aircraft, not used to
provide air transportation, after the transfer of ownership under
section 45302(b)(2).
``(c) Credit to Account and Availability.--Monies collected from a
surcharge imposed under subsection (a) shall be treated as monies
collected under section 45302 and subject to the terms and conditions
set forth in section 45302(d).''.
(e) Report.--Not later than 1 year after date of enactment of this
Act, and annually thereafter until the covered upgrades required under
subsection (a) are complete, the Administrator shall submit a report to
the appropriate committees of Congress describing--
(1) the schedule for the covered upgrades to the Registry;
(2) the office responsible for the implementation of the
such covered upgrades;
(3) the metrics being used to measure progress in
implementing the covered upgrades; and
(4) the status of the covered upgrades as of the date of the
report.
SEC. 547. <<NOTE: 49 USC 40103 note.>> ENHANCED AIR TRAFFIC
SERVICES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall establish a pilot program to
provide air traffic control services on a preferential basis to aircraft
equipped with certain NextGen avionics that--
(1) lasts at least 2 years; and
(2) operates in at least 3 suitable airports.
(b) Duration of Daily Service.--The air traffic control services
provided under the pilot program established under subsection (a) shall
occur for at least 3 consecutive hours between 0600 and 2200 local time
during each day of the pilot program.
(c) Airport Selection.--The Administrator shall designate airports
for participation in the pilot program after consultation with aircraft
operators, manufacturers, and airport sponsors.
(d) Definitions.--
(1) Certain nextgen avionics.--The term ``certain NextGen
avionics'' means those avionics and related software designated
by the Administrator after consultations with aircraft operators
and manufacturers.
(2) Preferential basis.--The term ``preferential basis''
means--
(A) prioritizing aircraft equipped with certain
NextGen avionics during a Ground Delay Program by
assigning them fewer minutes of delay relative to other
aircraft based upon principles established after
consultation with aircraft operators and manufacturers;
or
(B) sequencing aircraft equipped with certain
NextGen avionics ahead of other aircraft in the Traffic
Flow Management System to the maximum extent consistent
with safety.
(e) Sunset.--The pilot program established under subsection (a)
shall terminate on September 30, 2023.
[[Page 132 STAT. 3378]]
(f) Report.--Not later than 90 days after the date on which the
pilot program terminates, the Administrator shall submit to the
appropriate committees of Congress a report on the results of the pilot
program.
SEC. 548. SENSE OF CONGRESS ON ARTIFICIAL INTELLIGENCE IN
AVIATION.
It is the sense of Congress that the Administration should, in
consultation with appropriate Federal agencies and industry
stakeholders, periodically review the use or proposed use of artificial
intelligence technologies within the aviation system and assess whether
the Administration needs a plan regarding artificial intelligence
standards and best practices to carry out its mission.
SEC. 549. STUDY ON CYBERSECURITY WORKFORCE OF FAA.
(a) Study.--Not later than 1 year after the date of the enactment of
this Act, the Administrator shall enter into an agreement with the
National Academy of Sciences to conduct a study on the cybersecurity
workforce of the Administration in order to develop recommendations to
increase the size, quality, and diversity of such workforce, including
cybersecurity researchers and specialists.
(b) Report to Congress.--Not later than 180 days after the
completion of the study conducted under subsection (a), the
Administrator shall submit to the appropriate committees of Congress a
report on the results of such study.
SEC. 550. <<NOTE: 49 USC 40101 note.>> TREATMENT OF MULTIYEAR
LESSEES OF LARGE AND TURBINE-POWERED
MULTIENGINE AIRCRAFT.
The Secretary of Transportation shall revise such regulations as may
be necessary to ensure that multiyear lessees and owners of large and
turbine-powered multiengine aircraft are treated equally for purposes of
joint ownership policies of the FAA.
SEC. 551. <<NOTE: 49 USC 44903 note.>> EMPLOYEE ASSAULT
PREVENTION AND RESPONSE PLANS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, each air carrier operating under part 121 of title 14, Code
of Federal Regulations (in this section referred to as a ``part 121 air
carrier''), shall submit to the Administrator for review and acceptance
an Employee Assault Prevention and Response Plan related to the customer
service agents of the air carrier and that is developed in consultation
with the labor union representing such agents.
(b) Contents of Plan.--An Employee Assault Prevention and Response
Plan submitted under subsection (a) shall include the following:
(1) Reporting protocols for air carrier customer service
agents who have been the victim of a verbal or physical assault.
(2) Protocols for the immediate notification of law
enforcement after an incident of verbal or physical assault
committed against an air carrier customer service agent.
(3) Protocols for informing Federal law enforcement with
respect to violations of section 46503 of title 49, United
States Code.
(4) Protocols for ensuring that a passenger involved in a
violent incident with a customer service agent of an air carrier
is not allowed to move through airport security or board
[[Page 132 STAT. 3379]]
an aircraft until appropriate law enforcement has had an
opportunity to assess the incident and take appropriate action.
(5) Protocols for air carriers to inform passengers of
Federal laws protecting Federal, airport, and air carrier
employees who have security duties within an airport.
(c) Employee Training.--A part 121 air carrier shall conduct initial
and recurrent training for all employees, including management, of the
air carrier with respect to the plan required under subsection (a),
which shall include training on de-escalating hostile situations,
written protocols on dealing with hostile situations, and the reporting
of relevant incidents.
(d) Study.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall--
(1) complete a study of crimes of violence (as defined in
section 16 of title 18, United States Code) committed against
airline customer service representatives while they are
performing their duties and on airport property; and
(2) submit the findings of the study, including any
recommendations, to the appropriate committees of Congress.
(e) Gap Analysis.--The study required under subsection (d) shall
include a gap analysis to determine if State and local laws and
resources are adequate to deter or otherwise address the crimes of
violence described in subsection (a) and recommendations on how to
address any identified gaps.
SEC. 552. STUDY ON TRAINING OF CUSTOMER-FACING AIR CARRIER
EMPLOYEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall conduct a study on
the training received by customer-facing employees of air carriers.
(b) Contents.--The study shall include--
(1) an analysis of the training received by customer-facing
employees with respect to the management of disputes on
aircraft;
(2) an examination of how institutions of higher learning,
in coordination with air carriers, customer-facing employees and
their representatives, consumer advocacy organizations, and
other stakeholders, could--
(A) review such training and related practices;
(B) produce recommendations; and
(C) if determined appropriate, provide supplemental
training; and
(3) the effectiveness of air carriers' Employee Assault
Prevention and Response Plans required under section 551.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report on the results of the study.
SEC. 553. <<NOTE: 49 USC 44720 note.>> AUTOMATED WEATHER
OBSERVING SYSTEMS POLICY.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall--
(1) update automated weather observing systems standards to
maximize the use of new technologies that promote the reduction
of equipment or maintenance cost for non-Federal automated
weather observing systems, including the use of remote
monitoring and maintenance, unless demonstrated to be
ineffective;
[[Page 132 STAT. 3380]]
(2) review, and if necessary update, existing policies in
accordance with the standards developed under paragraph (1); and
(3) establish a process under which appropriate onsite
airport personnel or an aviation official may, with appropriate
manufacturer training or alternative training as determined by
the Administrator, be permitted to conduct the minimum triannual
preventative maintenance checks under the advisory circular for
non-Federal automated weather observing systems (AC 150/5220-
16E) and any other similar, successor checks.
(b) Permission.--Permission to conduct the minimum triannual
preventative maintenance checks described under subsection (a)(3) and
any similar, successor checks shall not be withheld but for specific
cause.
(c) Standards.--In updating the standards under subsection (a)(1),
the Administrator shall--
(1) ensure the standards are performance-based;
(2) use risk analysis to determine the accuracy of the
automated weather observing systems outputs required for pilots
to perform safe aircraft operations; and
(3) provide a cost-benefit analysis to determine whether the
benefits outweigh the cost for any requirement not directly
related to safety.
(d) AIP Eligibility of AWOS Equipment.--
(1) In general.--Notwithstanding any other law, the
Administrator is authorized to and shall waive any positive
benefit-cost ratio requirement for automated weather-observing
system equipment under subchapter I of chapter 471, of title 49,
United States Code, if--
(A) the airport sponsor or State, as applicable,
certifies that a grant for such automated weather
observing systems equipment under that chapter will
assist an applicable airport to respond to regional
emergency needs, including medical, firefighting, and
search and rescue needs;
(B) the Secretary determines, after consultation
with the airport sponsor or State, as applicable, that
the placement of automated weather-observing equipment
at the airport will not cause unacceptable radio
frequency congestion; and
(C) the other requirements under that chapter are
met.
(2) Applicability to low population density states.--This
subsection is applicable only to airports located in states with
a population density, based on the most recent decennial census,
of 50 or fewer persons per square mile.
(e) Report.--Not later than September 30, 2025, the Administrator
shall submit to the appropriate committees of Congress a report on the
implementation of the requirements under this section.
SEC. 554. <<NOTE: 49 USC 45105 note.>> PRIORITIZING AND
SUPPORTING THE HUMAN INTERVENTION
MOTIVATION STUDY (HIMS) PROGRAM AND THE
FLIGHT ATTENDANT DRUG AND ALCOHOL PROGRAM
(FADAP).
(a) In General.--The Administration shall continue to prioritize and
support the Human Intervention Motivation Study
[[Page 132 STAT. 3381]]
(HIMS) program for flight crewmembers and the Flight Attendant Drug and
Alcohol Program (FADAP) for flight attendants.
(b) Study and Recommendations.--
(1) In general.--The Secretary of Transportation shall enter
into an agreement with the Transportation Research Board (in
this subsection referred to as the ``Board'') under which the
Board shall--
(A) conduct a study on the Human Intervention
Motivation Study (HIMS) program, the Flight Attendant
Drug and Alcohol Program (FADAP), and any other drug and
alcohol programs within the other modal administrations
within the Department of Transportation;
(B) to the extent justified by the findings from the
study described in subparagraph (A), make
recommendations to the Federal Aviation Administration
and other administrations within the Department of
Transportation on how to implement programs, or changes
to existing programs, that seek to help transportation
workers get treatment for drug and alcohol abuse and
return to work; and
(C) upon the completion of the study described in
subparagraph (A), submit to the appropriate committees
of Congress a report on such study, including the
Board's findings, conclusions, and recommendations.
(2) Requirement.--In conducting the study under paragraph
(1), the Board shall identify--
(A) best policies and practices within existing
programs; and
(B) best prevention, early intervention, and return
to work practices specifically around prescription
medication abuse, with a special emphasis on employee
use of opioids.
SEC. 555. <<NOTE: 41 USC 3101 note prec.>> COST-EFFECTIVENESS
ANALYSIS OF EQUIPMENT RENTAL.
(a) Agency Analysis of Equipment Acquisition.--
(1) In general.--Except as provided for under subsection
(d), the head of each executive agency shall acquire equipment
using the method of acquisition most advantageous to the Federal
Government based on a case-by-case analysis of comparative costs
and other factors, including those factors listed in section
7.401 of the Federal Acquisition Regulation.
(2) Methods of acquisition.--The methods of acquisition to
be compared in the analysis under paragraph (1) shall include,
at a minimum, purchase, short-term rental or lease, long-term
rental or lease, interagency acquisition, and acquisition
agreements with a State or a local government as described in
subsection (c).
(3) Amendment of federal acquisition regulation.--Not later
than 180 days after the date of the enactment of this Act, the
Federal Acquisition Regulatory Council shall amend the Federal
Acquisition Regulation to implement the requirement of this
subsection, including a determination of the factors for
executive agencies to consider for purposes of performing the
analysis under paragraph (1).
(4) Rule of construction.--Nothing in this subsection shall
be construed to affect the requirements of chapter 37 of title
41, United States Code, section 2305 of title 10, United States
Code, or section 1535 of title 31, United States Code.
[[Page 132 STAT. 3382]]
(b) Date of Implementation.--The analysis described in subsection
(a) shall be applied to contracts for the acquisition of equipment
entered into on or after the date that the Federal Acquisition
Regulation is amended pursuant to paragraph (3) of such subsection.
(c) Acquisition Agreements With States or Local Governments.--
(1) In general.--Notwithstanding any other provision of law,
including chapter 37 of title 41, United States Code, the Small
Business Act (15 U.S.C. 631 et seq.), and section 2305 of title
10, United States Code, the head of an executive agency may
enter into an acquisition agreement authorized by this section
directly with a State or a local government if the agency head
determines that the agreement otherwise satisfies the
requirements of subsection (a)(1).
(2) Terms and conditions.--Any agreement under paragraph (1)
shall contain such terms and conditions as the head of the
agency deems necessary or appropriate to protect the interests
of the United States.
(d) Exceptions.--The analysis otherwise required under subsection
(a) is not required--
(1) when the President has issued an emergency declaration
or a major disaster declaration pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.);
(2) in other emergency situations if the agency head makes a
determination that obtaining such equipment is necessary in
order to protect human life or property; or
(3) when otherwise authorized by law.
(e) Study of Agency Analyses.--Not later than 2 years after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Oversight and Government Reform
of the House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a comprehensive report on the
decisions made by the executive agencies with the highest levels of
acquisition spending, and a sample of executive agencies with lower
levels of acquisition spending, to acquire high-value equipment by
lease, rental, or purchase pursuant to subpart 7.4 of the Federal
Acquisition Regulation.
(f) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has the
meaning given that term in section 102 of title 40, United
States Code.
(2) Interagency acquisition.--The term ``interagency
acquisition'' has the meaning given that term in section 2.101
of the Federal Acquisition Regulation.
(3) State.--The term ``State'' has the meaning given the
term in section 6581 of title 31, United States Code.
(4) Local government.--The term ``local government'' means
any unit of local government within a State, including a county,
municipality, city, borough, town, township, parish, local
public authority, school district, special district, intrastate
district, council of governments, or regional or interstate
government entity, and any agency or instrumentality of a local
government.
[[Page 132 STAT. 3383]]
SEC. 556. <<NOTE: 49 USC 44103 note.>> AIRCRAFT REGISTRATION.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall initiate a rulemaking to increase
the duration of aircraft registrations for noncommercial general
aviation aircraft to 7 years.
(b) Considerations.--In promulgating the notice of proposed
rulemaking described in subsection (a), the Administrator may consider
any events, circumstances, changes in any ownership entity or structure,
or other condition that would necessitate renewal prior to the
expiration of an aircraft registration.
SEC. 557. REQUIREMENT TO CONSULT WITH STAKEHOLDERS IN DEFINING
SCOPE AND REQUIREMENTS FOR FUTURE FLIGHT
SERVICE PROGRAM.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall consult with stakeholders in defining the scope and
requirements for any new Future Flight Service Program of the
Administration to be used in a competitive source selection for the next
flight service contract with the Administration.
SEC. 558. <<NOTE: 49 USC 106 note.>> FEDERAL AVIATION
ADMINISTRATION PERFORMANCE MEASURES AND
TARGETS.
(a) Performance Measures.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
performance measures relating to the management of the Administration,
which shall, at a minimum, include measures to assess--
(1) the timely and cost-effective completion of projects;
and
(2) the effectiveness of the Administration in achieving the
goals described in section 47171 of title 49, United States
Code.
(b) Performance Targets.--Not later than 180 days after the date on
which the Secretary establishes performance measures in accordance with
subsection (a), the Secretary shall establish performance targets
relating to each of the measures described in that subsection.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the inspector general of the Department of Transportation
shall submit to the appropriate committees of Congress a report
describing the progress of the Secretary in meeting the performance
targets established under subsection (b).
SEC. 559. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES IN
THE NEW YORK CITY AND NEWARK REGION.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
report on the Administration's staffing and scheduling plans for air
traffic control facilities in the New York City and Newark region for
the 1-year period beginning on such date of enactment.
SEC. 560. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA
METROPOLITAN AREA AIRSPACE PROJECT.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall develop and publish in the Federal Register a work
plan for the New York/New Jersey/Philadelphia Metropolitan Area Airspace
Project.
[[Page 132 STAT. 3384]]
SEC. 561. ANNUAL REPORT ON INCLUSION OF DISABLED VETERAN LEAVE IN
PERSONNEL MANAGEMENT SYSTEM.
Not later than 1 year after the date of enactment of this Act, and
not less frequently than annually there after until the date that is 5
years after the date of enactment of this Act, the Administrator shall
publish on a publicly accessible internet website a report on--
(1) the effect of the amendments made by subsections (a) and
(b) of section 2 of the Federal Aviation Administration Veteran
Transition Improvement Act of 2016 (Public Law 114-242), on the
Administration's work force; and
(2) the number of disabled veterans benefitting from such
subsections.
SEC. 562. <<NOTE: 49 USC 40101 note.>> ENHANCED SURVEILLANCE
CAPABILITY.
Not later than 120 days after the date of enactment of this Act, the
Administrator shall identify and implement a strategy to--
(1) advance near-term and long-term uses of enhanced
surveillance systems, such as space-based ADS-B, within United
States airspace or international airspace delegated to the
United States;
(2) exercise leadership on setting global standards for the
separation of aircraft in oceanic airspace by working with--
(A) foreign counterparts of the Administrator in the
International Civil Aviation Organization and its
subsidiary organizations;
(B) other international organizations and fora; and
(C) the private sector; and
(3) ensure the participation of the Administration in the
analysis of trials of enhanced surveillance systems, such as
space-based ADS-B, performed by foreign air navigation service
providers in North Atlantic airspace.
SEC. 563. ACCESS OF AIR CARRIERS TO INFORMATION ABOUT APPLICANTS
TO BE PILOTS FROM NATIONAL DRIVER
REGISTER.
Section 30305(b)(8) of title 49, United States Code, is amended to
read as follows:
``(8)(A) An individual who is seeking employment by an air
carrier as a pilot may request the chief driver licensing
official of a State to provide information about the individual
under subsection (a) of this section to the prospective employer
of the individual, the authorized agent of the prospective
employer, or the Secretary of Transportation.
``(B) An air carrier that is the prospective employer of an
individual described in subparagraph (A), or an authorized agent
of such an air carrier, may request and receive information
about that individual from the National Driver Register through
an organization approved by the Secretary for purposes of
requesting, receiving, and transmitting such information
directly to the prospective employer of such an individual or
the authorized agent of the prospective employer. This paragraph
shall be carried out in accordance with paragraphs (2) and (11)
of section 44703(h) and the Fair Credit Reporting Act (15 U.S.C.
1681 et seq.).
[[Page 132 STAT. 3385]]
``(C) Information may not be obtained from the National
Driver Register under this paragraph if the information was
entered in the Register more than 5 years before the request
unless the information is about a revocation or suspension still
in effect on the date of the request.''.
SEC. 564. REGULATORY REFORM.
Section 106(p)(5) of title 49, United States Code, is amended--
(1) by striking ``Committee, or'' and inserting
``Committee,''; and
(2) by striking the period at the end and inserting ``, or
such aerospace rulemaking committees as the Secretary shall
designate.''.
SEC. 565. <<NOTE: 49 USC 44714 note.>> AVIATION FUEL.
(a) Use of Unleaded Aviation Gasoline.--The Administrator shall
allow the use of an unleaded aviation gasoline in an aircraft as a
replacement for a leaded gasoline if the Administrator--
(1) determines that the unleaded aviation gasoline qualifies
as a replacement for an approved leaded gasoline;
(2) identifies the aircraft and engines that are eligible to
use the qualified replacement unleaded gasoline; and
(3) adopts a process (other than the traditional means of
certification) to allow eligible aircraft and engines to operate
using qualified replacement unleaded gasoline in a manner that
ensures safety.
(b) Timing.--The Administrator shall adopt the process described in
subsection (a)(3) not later than 180 days after the later of--
(1) the date on which the Administration completes the
Piston Aviation Fuels Initiative; or
(2) the date on which the American Society for Testing and
Materials publishes a production specification for an unleaded
aviation gasoline.
(c) Type Certification.--Existing regulatory mechanisms by which an
unleaded aviation gasoline can be approved for use in an engine or
aircraft by Type or Supplemental Type Certificate for individual
aircraft and engine types or by Approved Model List Supplemental Type
Certificate providing coverage for a broad range of applicable types of
aircraft or engines identified in the application shall continue to be
fully available as a means of approving and bringing an unleaded
aviation gasoline into general use in the United States. Such approvals
shall be issued when the Administrator finds that the aircraft or engine
performs properly and meets the applicable regulations and minimum
standards under the normal certification process.
SEC. 566. <<NOTE: 49 USC 44103 note.>> RIGHT TO PRIVACY WHEN
USING AIR TRAFFIC CONTROL SYSTEM.
Notwithstanding any other provision of law, the Administrator shall,
upon request of a private aircraft owner or operator, block the
registration number of the aircraft of the owner or operator from any
public dissemination or display, except in data made available to a
Government agency, for the noncommercial flights of the owner or
operator.
[[Page 132 STAT. 3386]]
SEC. 567. FEDERAL AVIATION ADMINISTRATION WORKFORCE REVIEW.
(a) In General.--Not later than 120 days after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a review to assess the workforce and training needs of the FAA in the
anticipated budgetary environment.
(b) Contents.--In conducting the review, the Comptroller General
shall--
(1) identify the long-term workforce and training needs of
the FAA workforce;
(2) assess the impact of automation, digitalization, and
artificial intelligence on the FAA workforce;
(3) analyze the skills and qualifications required of the
FAA workforce for successful performance in the current and
future projected aviation environment;
(4) review current performance incentive policies of the
FAA, including awards for performance;
(5) analyze ways in which the FAA can work with industry and
labor, including labor groups representing the FAA workforce, to
establish knowledge-sharing opportunities between the FAA and
the aviation industry regarding new equipment and systems, best
practices, and other areas of interest; and
(6) develop recommendations on the most effective
qualifications, training programs (including e-learning
training), and performance incentive approaches to address the
needs of the future projected aviation regulatory system in the
anticipated budgetary environment.
(c) Report.--Not later than 270 days after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the review.
SEC. 568. REVIEW OF APPROVAL PROCESS FOR USE OF LARGE AIR TANKERS
AND VERY LARGE AIR TANKERS FOR WILDLAND
FIREFIGHTING.
(a) Review and Improvement of Current Approval Process.--The Chief
of the Forest Service, in consultation with the Administrator, shall
conduct a review of the process used by the Forest Service to approve
the use of large air tankers and very large air tankers for wildland
firefighting for the purpose of--
(1) determining the current effectiveness, safety, and
consistency of the approval process;
(2) developing recommendations for improving the
effectiveness, safety, and consistency of the approval process;
and
(3) assisting in developing standardized next-generation
requirements for air tankers used for firefighting.
(b) Reporting Requirement.--Not later than 1 year after the date of
enactment of this Act, the Chief of the Forest Service shall submit to
Congress a report describing the outcome of the review conducted under
subsection (a).
SEC. 569. FAA TECHNICAL WORKFORCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall--
(1) identify and assess barriers to attracting, developing,
training, and retaining a talented workforce in the areas of
[[Page 132 STAT. 3387]]
systems engineering, architecture, systems integration, digital
communications, and cybersecurity;
(2) develop a comprehensive plan to attract, develop, train,
and retain talented individuals in those fields; and
(3) identify existing authorities available to the
Administrator, through personnel reform, to attract, develop,
and retain this talent.
(b) Report.--The Administrator shall submit to the appropriate
committees of Congress a report on the progress made toward implementing
the requirements under subsection (a).
SEC. 570. STUDY ON AIRPORT CREDIT ASSISTANCE.
(a) Review.--
(1) In general.--The Secretary of Transportation shall
conduct a review to determine whether a Federal credit
assistance program would be beneficial and feasible for airport-
related projects as defined in section 40117(a) of title 49,
United States Code.
(2) Considerations.--In carrying out the review under
paragraph (1), the Secretary may consider--
(A) expanding eligibility under an existing Federal
credit assistance program to include such projects; and
(B) establishing a new credit assistance program for
such projects.
(b) Report.--Not later than 270 days after the date of enactment of
this section, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on the Environment and Public Works of the Senate a report
on the results of the review carried out under subsection (a). The
report shall include a description of--
(1) the benefits and other effects;
(2) potential projects;
(3) the budgetary impacts, including an estimate of--
(A) the average annual loan volume;
(B) the average subsidy rate; and
(C) any loss of Federal revenue;
(4) impacts on existing programs;
(5) the administrative costs; and
(6) any personnel changes.
SEC. 571. SPECTRUM AVAILABILITY.
(a) Findings.--Congress makes the following findings:
(1) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note)
requires the Secretary of Commerce to identify 30 megahertz of
electromagnetic spectrum below the frequency of 3 gigahertz to
be reallocated to non-Federal use, to shared Federal and non-
Federal use, or to a combination thereof.
(2) The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note)
authorized the Director of the Office of Management and Budget
to use amounts made available through the Spectrum Relocation
Fund to make payments to Federal entities for research and
development, engineering studies, economic analyses, and other
activities intended to improve the efficiency and effectiveness
of Federal spectrum use in order to make such spectrum available
for reallocation for non-Federal use,
[[Page 132 STAT. 3388]]
for shared Federal and non-Federal use, or for a combination
thereof.
(3) The Federal Aviation Administration, in coordination
with the Department of Commerce, the Department of Defense, and
the Department of Homeland Security, established the Spectrum
Efficient National Surveillance Radar (referred to in this
section as ``SENSR'') Program to assess the feasibility of
consolidating certain long-range, short-range, and weather radar
systems in order to make available the 1300-1350 megahertz band.
(4) The SENSR Program received approval and approximately
$71,500,000 from Office of Management and Budget on June 2,
2017, to proceed with Phase I of the SENSR Spectrum Pipeline
Plan, which will focus on requirements and concept development
as well as documenting expected costs and information for all
impacted Federal spectrum systems.
(b) Sense of Congress.--It is the sense of Congress that the SENSR
Program of the FAA should continue its assessment of the feasibility of
making the 1300-1350 megahertz band of electromagnetic spectrum
available for non-Federal use.
SEC. 572. SPECIAL REVIEW RELATING TO AIR SPACE CHANGES.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Federal Aviation Management Advisory Council
established under section 106(p) of title 49, United States Code (in
this section referred to as the ``Council'') shall initiate a special
review of the Federal Aviation Administration.
(b) Review.--The special review of the Administration required under
subsection (a) shall consist of the following:
(1) A review of the practices and procedures of the Federal
Aviation Administration for developing proposals with respect to
changes in regulations, policies, or guidance of the Federal
Aviation Administration relating to airspace that affect airport
operations, airport capacity, the environment, or communities in
the vicinity of airports, including an assessment of the extent
to which there is consultation, or a lack of consultation, with
respect to such proposals--
(A) between and among the affected elements of the
Federal Aviation Administration, including the Air
Traffic Organization, the Office of Airports, the Flight
Standards Service, the Office of NextGen, and the Office
of Energy and Environment; and
(B) between the Federal Aviation Administration and
affected entities, including airports, aircraft
operators, communities, and State and local governments.
(2) Recommendations for revisions to such practices and
procedures to improve communications and coordination between
and among affected elements of the Federal Aviation
Administration and with other affected entities with respect to
proposals described in paragraph (1) and the potential effects
of such proposals.
(c) Consultation.--In conducting the special review, the Council
shall consult with--
(1) air carriers, including passenger and cargo air
carriers;
(2) general aviation, including business aviation and fixed
wing aircraft and rotorcraft;
(3) airports of various sizes and types;
[[Page 132 STAT. 3389]]
(4) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(5) State aviation officials.
(d) Report Required.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the results of the special review
conducted by the Council, including a description of the comments,
recommendations, and dissenting views received from the Council and a
description of how the Administrator plans to implement the
recommendations of the Council.
SEC. 573. REIMBURSEMENT FOR IMMIGRATION INSPECTIONS.
Section 286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)) is amended--
(1) by inserting ``, train,'' after ``commercial aircraft'';
and
(2) by inserting ``, rail line,'' after ``airport''.
SEC. 574. FAA EMPLOYEES IN GUAM.
(a) In General.--The Secretary of Transportation shall use existing
authorities to negotiate an agreement that shall be renegotiated after
no sooner than 3 years with the Secretary of Defense--
(1) to authorize Federal Aviation Administration employees
assigned to Guam, their spouses, and their dependent children
access to Department of Defense health care facilities located
in Guam on a space available basis; and
(2) to provide for payments by the Federal Aviation
Administration to the Department of Defense for the
administrative and any other costs associated with--
(A) enrolling Federal Aviation Administration
employees assigned to Guam, their spouses, and their
dependent children in any Department of Defense health
care facility necessary to allow access pursuant to
paragraph (1); and
(B) third-party billing for any medical costs
incurred as a result of Federal Aviation Administration
employees, their spouses, or their dependent children
accessing and receiving medical treatment or services at
a Department of Defense health care facility located in
Guam.
(b) Funds Subject to Appropriations.--Funds for payments by the
Federal Aviation Administration described in subsection (a)(2) are
subject to the availability of amounts specifically provided in advance
for that purpose in appropriations Acts.
(c) Report on Access to Facilities of the Department of Defense in
Guam.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Transportation and
the Secretary of Defense shall jointly submit a report to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Commerce of the Senate, and
the Committee on Transportation and Infrastructure of the House
of Representatives on eligibility for and access to Department
of Defense support facilities by Federal Aviation Administration
employees in the U.S. territory of Guam.
(2) Scope.--The report required under paragraph (1) shall:
[[Page 132 STAT. 3390]]
(A) Evaluate the ability of Department of Defense
support facilities in Guam to adequately serve current
military personnel and dependent populations.
(B) Determine how any substantial increases to
military personnel and dependent populations in Guam
would impact the ability of existing Department of
Defense support facilities to provide services for
military personnel and dependents stationed in Guam.
(C) Provide recommendations on any improvements to
existing Department of Defense facilities which may be
needed to ensure those facilities in Guam can support an
increased population of military personnel and dependent
population in Guam.
(D) Consider the impact of expanded access to
Department of Defense support facilities in Guam to
Federal Aviation Administration employees and their
families on the ability of those facilities to provide
services to military personnel and their families.
(E) Recognize the Federal Aviation Administration's
vital role as the sole provider of radar air traffic
control services for aircraft traversing into and out of
the airspace near and above Guam the vast majority of
which are military operations, Department of Defense
aircraft, or other aircraft traveling to Guam in order
to interact with Department of Defense facilities.
(F) Review the existing authorities authorizing
eligibility and access for non-military personnel and
their dependents to Department of Defense support
facilities, including health care facilities,
commissaries, and exchanges, outside the continental
United States.
(G) Determine the applicability of those existing
authorities to Department of Defense support facilities
in the U.S. territory of Guam.
(H) Outline the specific conditions on Guam, which
may necessitate access to Department of Defense support
facilities in Guam by Federal Aviation Administration
personnel and their families.
(I) Determine any changes in laws or regulations
that may be necessary to authorize Federal Aviation
Administration employees and their families access to
Department of Defense health care facilities,
commissaries, and exchanges in Guam.
SEC. 575. GAO STUDY ON AIRLINE COMPUTER NETWORK DISRUPTIONS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the appropriate
committees of Congress a report containing a review of the following:
(1) Direct and indirect effects on passengers, if any,
resulting from significant computer network disruptions of part
121 (of title 49, Code of Federal Regulations) air carriers
between January 1, 2014, and the date of enactment of this
section, including--
(A) systemwide delays;
(B) flight cancellations; and
(C) disrupted or broken itineraries.
[[Page 132 STAT. 3391]]
(2) An estimate of any expenses incurred by passengers
during significant computer network disruptions, including--
(A) meals, lodging, and ancillary expenses per
persons;
(B) late hotel check-in or car rental fees;
(C) missed cruise-ship departures; and
(D) lost productivity.
(3) Air carriers' contracts of carriage and interline
agreements to determine if and how air carriers accommodate
passengers affected by significant computer network disruptions
on other air carriers or foreign air carriers.
(4) Whether passengers who have been displaced by
significant computer network disruptions are furnished with
alternative transportation aboard another air carrier or foreign
air carrier.
(5) Costs incurred by airports, if any, to meet the
essential needs of passengers, including increased demands on
utilities, food concessionaires, restroom facilities, and
security staffing, during significant computer network
disruptions.
(6) Other costs, if any, incurred by passengers, airports,
and other entities as a direct result of significant computer
network disruptions.
(7) Processes, plans, and redundancies in place at air
carriers to respond to and recover from such network
disruptions.
SEC. 576. TOWER MARKING.
Section 2110 of the FAA Extension, Safety, and Security Act of 2016
(49 U.S.C. 44718 note) is amended to read as follows:
``SEC. 2110. TOWER MARKING.
``(a) Application.--
``(1) In general.--Except as provided by paragraph (2), not
later than 18 months after the date of enactment of the FAA
Reauthorization Act of 2018 or the date of availability of the
database developed by the Administrator pursuant to subsection
(c), whichever is later, all covered towers shall be either--
``(A) clearly marked consistent with applicable
guidance in the advisory circular of the FAA issued
December 4, 2015 (AC 70/7460-IL); or
``(B) included in the database described in
subsection (c).
``(2) Meteorological evaluation tower.--A covered tower that
is a meteorological evaluation tower shall be subject to the
requirements of subparagraphs (A) and (B) of paragraph (1).
``(b) Definitions.--
``(1) In general.--In this section, the following
definitions apply:
``(A) Covered tower.--
``(i) In general.--The term `covered tower'
means a structure that--
``(I) is a meteorological evaluation
tower, a self-standing tower, or tower
supported by guy wires and ground
anchors;
``(II) is 10 feet or less in
diameter at the above-ground base,
excluding concrete footing;
``(III) at the highest point of the
structure is at least 50 feet above
ground level;
[[Page 132 STAT. 3392]]
``(IV) at the highest point of the
structure is not more than 200 feet
above ground level;
``(V) has accessory facilities on
which an antenna, sensor, camera,
meteorological instrument, or other
equipment is mounted; and
``(VI) is located on land that is--
``(aa) in a rural area; and
``(bb) used for agricultural
purposes or immediately adjacent
to such land.
``(ii) Exclusions.--The term `covered tower'
does not include any structure that--
``(I) is adjacent to a house, barn,
electric utility station, or other
building;
``(II) is within the curtilage of a
farmstead or adjacent to another
building or visible structure;
``(III) supports electric utility
transmission or distribution lines;
``(IV) is a wind-powered electrical
generator with a rotor blade radius that
exceeds 6 feet;
``(V) is a street light erected or
maintained by a Federal, State, local,
or tribal entity;
``(VI) is designed and constructed
to resemble a tree or visible structure
other than a tower;
``(VII) is an advertising billboard;
``(VIII) is located within the
right-of-way of a rail carrier,
including within the boundaries of a
rail yard, and is used for a railroad
purpose;
``(IX)(aa) is registered with the
Federal Communications Commission under
the Antenna Structure Registration
program set forth under part 17 of title
47, Code of Federal Regulations; and
``(bb) is determined by the
Administrator to pose no hazard to air
navigation; or
``(X) has already mitigated any
hazard to aviation safety in accordance
with Federal Aviation Administration
guidance or as otherwise approved by the
Administrator.
``(B) Rural area.--The term `rural area' has the
meaning given the term in section 609(a)(5) of the
Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c(a)(5)).
``(C) Agricultural purposes.--The term `agricultural
purposes' means farming in all its branches and the
cultivation and tillage of the soil, the production,
cultivation, growing, and harvesting of any agricultural
or horticultural commodities performed by a farmer or on
a farm, or on pasture land or rangeland.
``(2) Other definitions.--The Administrator shall define
such other terms as may be necessary to carry out this section.
``(c) Database.--The Administrator shall--
``(1) develop a new database, or if appropriate use an
existing database that meets the requirements under this
section, that contains the location and height of each covered
tower that, pursuant to subsection (a), the owner or operator of
such tower elects not to mark (unless the Administrator has
determined that there is a significant safety risk requiring
[[Page 132 STAT. 3393]]
that the tower be marked), except that meteorological evaluation
towers shall be marked and contained in the database;
``(2) keep the database current to the extent practicable;
``(3) ensure that any proprietary information in the
database is protected from disclosure in accordance with law;
``(4) ensure that, by virtue of accessing the database,
users agree and acknowledge that information in the database--
``(A) may only be used for aviation safety purposes;
and
``(B) may not be disclosed for purposes other than
aviation safety, regardless of whether or not the
information is marked or labeled as proprietary or with
a similar designation;
``(5) ensure that the tower information in the database is
de-identified and that the information only includes the
location and height of covered towers and whether the tower has
guy wires;
``(6) ensure that information in the dataset is encrypted at
rest and in transit and is protected from unauthorized access
and acquisition;
``(7) ensure that towers excluded from the definition of
covered tower under subsection (d)(1)(B)(ii)(VIII) must be
registered by its owner in the database;
``(8) ensure that a tower to be included in the database
pursuant to subsection (c)(1) and constructed after the date on
which the database is fully operational is submitted by its
owner to the FAA for inclusion in the database before its
construction;
``(9) ensure that pilots who intend to conduct low-altitude
operations in locations described in subsection (b)(1)(A)(i)(VI)
consult the relevant parts of the database before conducting
such operations; and
``(10) make the database available for use not later than 1
year after the date of enactment of the FAA Reauthorization Act
of 2018.
``(d) Exclusion and Waiver Authorities.--As part of a rulemaking
conducted pursuant to this section, the Administrator--
``(1) may exclude a class, category, or type of tower that
is determined by the Administrator, after public notice and
comment, to not pose a hazard to aviation safety;
``(2) shall establish a process to waive specific covered
towers from the marking requirements under this section as
required under the rulemaking if the Administrator later
determines such tower or towers do not pose a hazard to aviation
safety;
``(3) shall consider, in establishing exclusions and
granting waivers under this subsection, factors that may
sufficiently mitigate risks to aviation safety, such as the
length of time the tower has been in existence or alternative
marking methods or technologies that maintains a tower's level
of conspicuousness to a degree which adequately maintains the
safety of the airspace; and
``(4) shall consider excluding towers located in a State
that has enacted tower marking requirements according to the
Federal Aviation Administration's recommended guidance for the
voluntary marking of meteorological evaluation towers erected in
remote and rural areas that are less than 200 feet above
[[Page 132 STAT. 3394]]
ground level to enhance the conspicuity of the towers for low
level agricultural operations in the vicinity of those towers.
``(e) Periodic Review.--The Administrator shall, in consultation
with the Federal Communications Commission, periodically review any
regulations or guidance regarding the marking of covered towers issued
pursuant to this section and update them as necessary, consistent with
this section, and in the interest of safety of low-altitude aircraft
operations.
``(f) FCC Regulations.--The Federal Communications Commission shall
amend section 17.7 of title 47, Code of Federal Regulations, to require
a notification to the Federal Aviation Administration for any
construction or alteration of an antenna structure, as defined in
section 17.2(a) of title 47, Code of Federal Regulations, that is a
covered tower as defined by this section.''.
SEC. 577. <<NOTE: 49 USC 42301 note prec.>> MINIMUM DIMENSIONS
FOR PASSENGER SEATS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and after providing notice and an opportunity for comment,
the Administrator of the Federal Aviation Administration shall issue
regulations that establish minimum dimensions for passenger seats on
aircraft operated by air carriers in interstate air transportation or
intrastate air transportation, including minimums for seat pitch, width,
and length, and that are necessary for the safety of passengers.
(b) Definitions.--The definitions contained in section 40102(a) of
title 49, United States Code, apply to this section.
SEC. 578. JUDICIAL REVIEW FOR PROPOSED ALTERNATIVE ENVIRONMENTAL
REVIEW AND APPROVAL PROCEDURES.
Section 330 of title 23, United States Code, is amended--
(1) in subsection (a)(2), by striking ``5 States'' and
inserting ``2 States''; and
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``2 years'' and
inserting ``150 days as set forth in section 139(l)'';
and
(B) in paragraph (3)(B)(i), by striking ``2 years''
and inserting ``150 days as set forth in section
139(l)''.
SEC. 579. REGULATORY STREAMLINING.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall issue a final
regulation revising section 121.333(c)(3) of title 14, Code of Federal
Regulations, to apply only to flight altitudes above flight level 410.
SEC. 580. SPACEPORTS.
(a) Sense of Congress on State Spaceport Contributions.--It is the
Sense of Congress that--
(1) State and local government-owned or -operated spaceports
have contributed hundreds of millions of dollars in
infrastructure improvements to the national space launch
infrastructure, providing the United States Government and
commercial customers with world-class space launch and
processing infrastructure that is necessary to support continued
American leadership in space;
(2) State and local government-owned or -operated spaceports
play a critical role in providing resiliency and redundancy
[[Page 132 STAT. 3395]]
in the national launch infrastructure to support national
security and civil government capabilities, and should be
recognized as a critical infrastructure in Federal strategy and
planning;
(3) continued State and local government investments at
launch and reentry facilities should be encouraged and to the
maximum extent practicable supported in Federal policies,
planning and infrastructure investment considerations, including
through Federal, State, and local partnerships;
(4) Federal investments in space infrastructure should
enable partnerships between Federal agencies and state and local
spaceports to modernize and enable expanded 21st century space
transportation infrastructure, especially multi-modal networks
needed for robust space transportation that support national
security, civil, and commercial launch customers; and
(5) States and local governments that have made investments
to build, maintain, operate, and improve capabilities for
national security, civil, and commercial customers should be
commended for their infrastructure contributions to launch and
reentry sites, and encouraged through a variety of programs and
policies to continue these investments in the national interest.
(b) Establishment of Office of Spaceports.--
(1) Establishment of office of spaceports.--Title 51, United
States Code, is amended by adding at the end of subtitle V the
following:
``CHAPTER <<NOTE: 51 USC 51501 prec.>> 515--OFFICE OF SPACEPORTS
``Sec. 51501. <<NOTE: 51 USC 51501.>> Establishment of Office of
Spaceports
``(a) Establishment of Office.--Not later than 90 days after the
date of enactment of this section, the Secretary of Transportation shall
identify, within the Office of Commercial Space Transportation, a
centralized policy office to be known as the Office of Spaceports.
``(b) Functions.--The Office of Spaceports shall--
``(1) support licensing activities for operation of launch
and reentry sites;
``(2) develop policies that promote infrastructure
improvements at spaceports;
``(3) provide technical assistance and guidance to
spaceports;
``(4) promote United States spaceports within the
Department; and
``(5) strengthen the Nation's competitiveness in commercial
space transportation infrastructure and increase resilience for
the Federal Government and commercial customers.
``(c) Recognition.--In carrying out the functions assigned in
subsection (b), the Secretary shall recognize the unique needs and
distinctions of spaceports that host--
``(1) launches to or reentries from orbit; and
``(2) are involved in suborbital launch activities.
``(d) Director.--The head of the Office of the Associate
Administrator for Commercial Space Transportation shall designate a
Director of the Office of Spaceports.
``(e) Definition.--In this section the term `spaceport' means a
launch or reentry site that is operated by an entity licensed by the
Secretary of Transportation.''.
[[Page 132 STAT. 3396]]
(2) Technical and conforming amendment.--The table of
chapters of title 51, United States Code, <<NOTE: 51 USC 10101
prec.>> is amended by adding at the end of subtitle V the
following:
``515. Office of Spaceports.....................................51501''.
(c) Report on National Spaceports Policy.--
(1) Sense of congress.--It is the sense of Congress that--
(A) A robust network of space transportation
infrastructure, including spaceports, is vital to the
growth of the domestic space industry and America's
competitiveness and access to space.
(B) Non-Federal spaceports have significantly
increased the space transportation infrastructure of the
United States through significant investments by State
and local governments, which have encouraged greater
private investment.
(C) These spaceports have led to the development of
a growing number of orbital and suborbital launch and
reentry sites that are available to the national
security, civil, and commercial space customers at
minimal cost to the Federal Government.
(D) The Federal Government, led by the Secretary of
Transportation, should seek to promote the growth,
resilience, and capabilities of this space
transportation infrastructure through policies and
through partnerships with State and local governments.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
submit to Congress a report that--
(A) evaluates the Federal Government's national
security and civil space transportation demands and the
needs of the United States and international commercial
markets;
(B) proposes policies and programs designed to
ensure a robust and resilient orbital and suborbital
spaceport infrastructure to serve and capitalize on
these space transportation opportunities;
(C) reviews the development and investments made by
international competitors in foreign spaceports, to the
extent practicable;
(D) makes recommendations on how the Federal
Government can support, encourage, promote, and
facilitate greater investments in infrastructure at
spaceports; and
(E) considers and makes recommendations about how
spaceports can fully support and enable the national
space policy.
(3) Updates to the report.--Not later than 3 years after the
date of enactment of this Act and every 2 years until December
2024, the Secretary shall--
(A) update the previous report prepared under this
subsection; and
(B) submit the updated report to Congress.
(4) Consultations required.--In preparing the reports
required by this subsection, the Secretary shall consult with
individuals including--
(A) the Secretary of Defense;
(B) the Secretary of Commerce;
[[Page 132 STAT. 3397]]
(C) the Administrator of the National Aeronautics
and Space Administration; and
(D) interested persons at spaceports, State and
local governments, and industry.
(d) Report on Space Transportation Infrastructure Matching Grants.--
(1) GAO study and report.--The Comptroller General of the
United States shall conduct a study regarding spaceport
activities carried out pursuant to chapters 509 and 511 of title
51, United States Code, including--
(A) an assessment of potential mechanisms to provide
Federal support to spaceports, including the airport
improvement program established under subchapter I of
chapter 471 of title 49, United States Code, and the
program established under chapter 511 of title 51,
United States Code;
(B) recommendations for potential funding options;
and
(C) any necessary changes to improve the spaceport
application review process.
(2) Consultation.--In carrying out the study described in
paragraph (1), the Comptroller General shall consult with
sources from each component of the commercial space
transportation sector, including interested persons in industry
and government officials at the Federal, State, and local
levels.
(3) User-funded spaceports.--In reviewing funding options,
the Comptroller General shall distinguish between spaceports
that are funded by users and those that are not.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to
Congress a report containing results of the study conducted
under paragraph (1).
(e) Definition.--In this section, the term ``spaceport'' means a
launch or reentry site that is operated by an entity licensed by the
Secretary of Transportation.
SEC. 581. SPECIAL RULE FOR CERTAIN AIRCRAFT OPERATIONS (SPACE
SUPPORT VEHICLES).
(a) Space Support Vehicle Definitions.--Section 50902 of title 51,
United States Code, is amended--
(1) by redesignating paragraphs (21) through (25) as
paragraphs (23) through (27), respectively; and
(2) by inserting after paragraph (20) the following:
``(21) `space support vehicle flight' means a flight in the
air that--
``(A) is not a launch or reentry; but
``(B) is conducted by a space support vehicle.
``(22) `space support vehicle' means a vehicle that is--
``(A) a launch vehicle;
``(B) a reentry vehicle; or
``(C) a component of a launch or reentry vehicle.''.
(b) Special Rule for Certain Aircraft Operations.--
(1) In general.--Chapter 447, of title 49, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
[[Page 132 STAT. 3398]]
``Sec. 44737. <<NOTE: 49 USC 44737.>> Special rule for certain
aircraft operations.
``(a) In General.--The operator of an aircraft with a special
airworthiness certification in the experimental category may--
``(1) operate the aircraft for the purpose of conducting a
space support vehicle flight (as that term is defined in chapter
50902 of title 51); and
``(2) conduct such flight under such certificate carrying
persons or property for compensation or hire--
``(A) notwithstanding any rule or term of a
certificate issued by the Administrator of the Federal
Aviation Administration that would prohibit flight for
compensation or hire; or
``(B) without obtaining a certificate issued by the
Administrator to conduct air carrier or commercial
operations.
``(b) Limited Applicability.--Subsection (a) shall apply only to a
space support vehicle flight that satisfies each of the following:
``(1) (1) The aircraft conducting the space support vehicle
flight--
``(A) takes flight and lands at a single site that
is operated by an entity licensed for operation under
chapter 509 of title 51;
``(B) is owned or operated by a launch or reentry
vehicle operator licensed under chapter 509 of title 51,
or on behalf of a launch or reentry vehicle operator
licensed under chapter 509 of title 51;
``(C) is a launch vehicle, a reentry vehicle, or a
component of a launch or reentry vehicle licensed for
operations pursuant to chapter 509 of title 51; and
``(D) is used only to simulate space flight
conditions in support of--
``(i) training for potential space flight
participants, government astronauts, or crew (as
those terms are defined in chapter 509 of title
51);
``(ii) the testing of hardware to be used in
space flight; or
``(iii) research and development tasks, which
require the unique capabilities of the aircraft
conducting the flight.
``(c) Rules of Construction.--
``(1) Space support vehicles.--Section 44711(a)(1) shall not
apply to a person conducting a space support vehicle flight
under this section only to the extent that a term of the
experimental certificate under which the person is operating the
space support vehicle prohibits the carriage of persons or
property for compensation or hire.
``(2) Authority of administrator.--Nothing in this section
shall be construed to limit the authority of the Administrator
of the Federal Aviation Administration to exempt a person from a
regulatory prohibition on the carriage of persons or property
for compensation or hire subject to terms and conditions other
than those described in this section''.
(2) Technical amendment.--The table of contents of 447 of
title 49, United States Code, <<NOTE: 49 USC 44701 prec.>> as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 44737. Special rule for certain aircraft operations.''.
[[Page 132 STAT. 3399]]
(3) <<NOTE: 49 USC 44737 note.>> Rule of construction
relating to role of nasa.--Nothing in this subsection shall be
construed as limiting the ability of National Aeronautics and
Space Administration (NASA) to place conditions on or otherwise
qualify the operations of NASA contractors providing NASA
services.
SEC. 582. <<NOTE: 49 USC 44703 note.>> PORTABILITY OF REPAIRMAN
CERTIFICATES.
(a) In General.--The Administrator shall assign to the Aviation
Rulemaking Advisory Committee the task of making recommendations with
respect to the regulatory and policy changes, as appropriate, to allow a
repairman certificate issued under section 65.101 of title 14, Code of
Federal Regulations, to be portable from one employing certificate
holder to another.
(b) Action Based on Recommendations.--Not later than 1 year after
receiving recommendations under subsection (a), the Administrator may
take such action as the Administrator considers appropriate with respect
to those recommendations.
SEC. 583. <<NOTE: 49 USC 44701 note.>> UNDECLARED HAZARDOUS
MATERIALS PUBLIC AWARENESS CAMPAIGN.
(a) In General.--The Secretary of Transportation shall carry out a
public awareness campaign to reduce the amount of undeclared hazardous
materials traveling through air commerce.
(b) Campaign Requirements.--The public awareness campaign required
under subsection (a) shall do the following:
(1) Focus on targeting segments of the hazardous materials
industry with high rates of undeclared shipments through air
commerce and educate air carriers, shippers, manufacturers, and
other relevant stakeholders of such segments on properly
packaging and classifying such shipments.
(2) Educate the public on proper ways to declare and ship
hazardous materials, examples of everyday items that are
considered hazardous materials, and penalties associated with
intentional shipments of undeclared hazardous materials.
(c) Interagency Working Group.--
(1) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish an interagency working group to promote collaboration
and engagement between the Department of Transportation and
other relevant agencies, and develop recommendations and
guidance on how best to conduct the public awareness campaign
required under subsection (a).
(2) Duties.--The interagency working group shall consult
with relevant stakeholders, including cargo air carriers,
passenger air carriers, and labor organizations representing
pilots for cargo and passenger air carriers operating under part
121 of title 14, Code of Federal Regulations.
(d) Update.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall provide to the
appropriate committees of Congress an update on the status of the public
awareness campaign required under subsection (a).
SEC. 584. LIABILITY PROTECTION FOR VOLUNTEER PILOTS WHO FLY FOR
THE PUBLIC BENEFIT.
Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503)
is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
[[Page 132 STAT. 3400]]
(2) in subsection (a), by striking ``subsections (b) and
(d)'' and inserting ``subsections (b), (c), and (e)''; and
(3) by inserting after subsection (a) the following:
``(b) Liability Protection for Pilots That Fly for Public Benefit.--
Except as provided in subsections (c) and (e), no volunteer of a
volunteer pilot nonprofit organization that arranges flights for public
benefit shall be liable for harm caused by an act or omission of the
volunteer on behalf of the organization if, at the time of the act or
omission, the volunteer--
``(1) was operating an aircraft in furtherance of the
purpose of, and acting within the scope of the volunteer's
responsibilities on behalf of, the nonprofit organization to
provide patient and medical transport (including medical
transport for veterans), disaster relief, humanitarian
assistance, or other similar charitable missions;
``(2) was properly licensed and insured for the operation of
the aircraft;
``(3) was in compliance with all requirements of the Federal
Aviation Administration for recent flight experience; and
``(4) did not cause the harm through willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or safety of the
individual harmed by the volunteer.''; and
(4) in subsection (g)(2), as redesignated, by striking
``(e)'' and inserting ``(f)''.
TITLE VI--AVIATION WORKFORCE
Subtitle A--Youth in Aviation
SEC. 601. STUDENT OUTREACH REPORT.
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall submit to the
appropriate committees of Congress a report that describes the
Administration's existing outreach efforts, such as the STEM Aviation
and Space Education Outreach Program, to elementary and secondary
students who are interested in careers in science, technology,
engineering, art, and mathematics--
(1) to prepare and inspire such students for aviation and
aeronautical careers; and
(2) to mitigate an anticipated shortage of pilots and other
aviation professionals.
SEC. 602. YOUTH ACCESS TO AMERICAN JOBS IN AVIATION TASK FORCE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish a Youth Access to American Jobs in Aviation Task Force
(in this section referred to as the ``Task Force'').
(b) Duties.--Not later than 12 months after its establishment under
subsection (a), the Task Force shall develop and submit to the
Administrator recommendations and strategies for the Administration to--
(1) facilitate and encourage high school students in the
United States, beginning in their junior year, to enroll in and
[[Page 132 STAT. 3401]]
complete career and technical education courses, including STEM,
that would prepare them to enroll in a course of study related
to an aviation career at an institution of higher education,
including a community college or trade school;
(2) facilitate and encourage the students described in
paragraph (1) to enroll in a course of study related to an
aviation career, including aviation manufacturing, engineering
and maintenance, at an institution of higher education,
including a community college or trade school; and
(3) identify and develop pathways for students who complete
a course of study described in paragraph (2) to secure
registered apprenticeships, workforce development programs, or
careers in the aviation industry of the United States.
(c) Considerations.--When developing recommendations and strategies
under subsection (b), the Task Force shall--
(1) identify industry trends that encourage or discourage
youth in the United States from pursuing careers in aviation;
(2) consider how the Administration; air carriers; aircraft,
powerplant, and avionics manufacturers; aircraft repair
stations; and other aviation stakeholders can coordinate efforts
to support youth in pursuing careers in aviation;
(3) identify methods of enhancing aviation apprenticeships,
job skills training, mentorship, education, and outreach
programs that are exclusive to youth in the United States; and
(4) identify potential sources of government and private
sector funding, including grants and scholarships, that may be
used to carry out the recommendations and strategies described
in subsection (b) and to support youth in pursuing careers in
aviation.
(d) Report.--Not later than 30 days after submission of the
recommendations and strategies under subsection (b), the Task Force
shall submit to the appropriate committees of Congress a report
outlining such recommendations and strategies.
(e) Composition of Task Force.--The Administrator shall appoint
members of the Task Force, including representatives from the following:
(1) Air carriers.
(2) Aircraft, powerplant, and avionics manufacturers.
(3) Aircraft repair stations.
(4) Local educational agencies or high schools.
(5) Institutions of higher education, including community
colleges and aviation trade schools.
(6) Such other aviation and educational stakeholders and
experts as the Administrator considers appropriate.
(f) Period of Appointment.--Members shall be appointed to the Task
Force for the duration of the existence of the Task Force.
(g) Compensation.--Task Force members shall serve without
compensation.
(h) Sunset.--The Task Force shall terminate upon the submittal of
the report pursuant to subsection (d).
(i) Definition of STEM.--The term ``STEM'' means--
(1) science, technology, engineering, and mathematics; and
(2) other career and technical education subjects that build
on the subjects described in paragraph (1).
[[Page 132 STAT. 3402]]
Subtitle B--Women in Aviation
SEC. 611. SENSE OF CONGRESS REGARDING WOMEN IN AVIATION.
It is the sense of Congress that the aviation industry should
explore all opportunities, including pilot training, science,
technology, engineering, and mathematics education, and mentorship
programs, to encourage and support female students and aviators to
pursue a career in aviation.
SEC. 612. SUPPORTING WOMEN'S INVOLVEMENT IN THE AVIATION FIELD.
(a) Advisory Board.--To encourage women and girls to enter the field
of aviation, the Administrator of the Federal Aviation Administration
shall create and facilitate the Women in Aviation Advisory Board
(referred to in this section as the ``Board''), with the objective of
promoting organizations and programs that are providing education,
training, mentorship, outreach, and recruitment of women into the
aviation industry.
(b) Composition.--The Board shall consist of members whose diverse
background and expertise allow them to contribute balanced points of
view and ideas regarding the strategies and objectives set forth in
subsection (f).
(c) Selection.--Not later than 9 months after the date of enactment
of this Act, the Administrator shall appoint members of the Board,
including representatives from the following:
(1) Major airlines and aerospace companies.
(2) Nonprofit organizations within the aviation industry.
(3) Aviation business associations.
(4) Engineering business associations.
(5) United States Air Force Auxiliary, Civil Air Patrol.
(6) Institutions of higher education and aviation trade
schools.
(d) Period of Appointment.--Members shall be appointed to the Board
for the duration of the existence of the Board.
(e) Compensation.--Board members shall serve without compensation.
(f) Duties.--Not later than 18 months after the date of enactment of
this Act, the Board shall present a comprehensive plan for strategies
the Administration can take, which include the following objectives:
(1) Identifying industry trends that directly or indirectly
encourage or discourage women from pursuing careers in aviation.
(2) Coordinating the efforts of airline companies, nonprofit
organizations, and aviation and engineering associations to
facilitate support for women pursuing careers in aviation.
(3) Creating opportunities to expand existing scholarship
opportunities for women in the aviation industry.
(4) Enhancing aviation training, mentorship, education, and
outreach programs that are exclusive to women.
(g) Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Board shall submit a report outlining
the comprehensive plan for strategies pursuant to subsection (f)
to the Administrator and the appropriate committees of Congress.
[[Page 132 STAT. 3403]]
(2) Availability online.--The Administrator shall make the
report publicly available online and in print.
(h) Sunset.--The Board shall terminate upon the submittal of the
report pursuant to subsection (g).
Subtitle C--Future of Aviation Workforce
SEC. 621. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE.
(a) Findings.--Congress finds that--
(1) in 2016, United States air carriers carried a record
high number of passengers on domestic flights, 719 million
passengers;
(2) the United States aerospace and defense industry
employed 1.7 million workers in 2015, or roughly 2 percent of
the Nation's total employment base;
(3) the average salary of an employee in the aerospace and
defense industry is 44 percent above the national average;
(4) in 2015, the aerospace and defense industry contributed
nearly $202.4 billion in value added to the United States
economy;
(5) an effective aviation industry relies on individuals
with unique skill sets, many of which can be directly obtained
through career and technical education opportunities; and
(6) industry and the Federal Government have taken some
actions to attract qualified individuals to careers in aviation
and aerospace and to retain qualified individuals in such
careers.
(b) Sense of Congress.--It is the sense of Congress that--
(1) public and private education institutions should make
available to students and parents information on approved
programs of study and career pathways, including career
exploration, work-based learning opportunities, dual and
concurrent enrollment opportunities, and guidance and advisement
resources;
(2) public and private education institutions should partner
with aviation and aerospace companies to promote career paths
available within the industry and share information on the
unique benefits and opportunities the career paths offer;
(3) aviation companies, including air carriers,
manufacturers, commercial space companies, unmanned aircraft
system companies, and repair stations, should create
opportunities, through apprenticeships or other mechanisms, to
attract young people to aviation and aerospace careers and to
enable individuals to gain the critical skills needed to thrive
in such professions; and
(4) the Federal Government should consider the needs of men
and women interested in pursuing careers in the aviation and
aerospace industry, the long-term personnel needs of the
aviation and aerospace industry, and the role of aviation in the
United States economy in the creation and administration of
educational and financial aid programs.
[[Page 132 STAT. 3404]]
SEC. 622. AVIATION AND AEROSPACE WORKFORCE OF THE FUTURE STUDY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Comptroller General of the United States shall initiate
a study--
(1) to evaluate the current and future supply of individuals
in the aviation and aerospace workforce;
(2) to identify the factors influencing the supply of
individuals pursuing a career in the aviation or aerospace
industry, including barriers to entry into the workforce; and
(3) to identify methods to increase the future supply of
individuals in the aviation and aerospace workforce, including
best practices or programs to incentivize, recruit, and retain
young people in aviation and aerospace professions.
(b) Consultation.--The Comptroller General shall conduct the study
in consultation with--
(1) appropriate Federal agencies; and
(2) the aviation and aerospace industry, institutions of
higher education, and labor stakeholders.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to the
appropriate committees of Congress a report on the results of the study
and related recommendations.
SEC. 623. SENSE OF CONGRESS ON HIRING VETERANS.
It is the sense of Congress that the aviation industry, including
certificate holders under parts 121, 135, and 145 of title 14, Code of
Federal Regulations, should hire more of the Nation's veterans.
SEC. 624. <<NOTE: 49 USC 44515 note.>> AVIATION MAINTENANCE
INDUSTRY TECHNICAL WORKFORCE.
(a) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a final rule to modernize training programs
at aviation maintenance technician schools governed by part 147 of title
14, Code of Federal Regulations.
(b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Administrator shall coordinate with government,
educational institutions, labor organizations representing aviation
maintenance workers, and businesses to develop and publish guidance or
model curricula for aviation maintenance technician schools referred to
in subsection (a) to ensure workforce readiness for industry needs,
including curricula related to training in avionics, troubleshooting,
and other areas of industry needs.
(c) Review and Periodic Updates.--The Administrator shall--
(1) ensure training programs referred to in subsection (a)
are revised and updated in correlation with aviation maintenance
technician airman certification standards as necessary to
reflect current technology and maintenance practices; and
(2) publish updates to the guidance or model curricula
required under subsection (b) at least once every 2 years, as
necessary, from the date of initial publication.
(d) Report to Congress.--If the Administrator does not issue such
final rule by the deadline specified in subsection (a), the
Administrator shall, not later than 30 days after such deadline, submit
to the appropriate committees of Congress a report containing--
[[Page 132 STAT. 3405]]
(1) an explanation as to why such final rule was not issued
by such deadline; and
(2) a schedule for issuing such final rule.
(e) Study.--The Comptroller General of the United States shall
conduct a study on technical workers in the aviation maintenance
industry.
(f) Contents.--In conducting the study under subsection (e), the
Comptroller General shall--
(1) analyze the current Standard Occupational Classification
system with regard to the aviation profession, particularly
technical workers in the aviation maintenance industry;
(2) analyze how changes to the Federal employment
classification of aviation maintenance industry workers might
affect government data on unemployment rates and wages;
(3) analyze how changes to the Federal employment
classification of aviation maintenance industry workers might
affect projections for future aviation maintenance industry
workforce needs and project technical worker shortfalls;
(4) analyze the impact of Federal regulation, including
Federal Aviation Administration oversight of certification,
testing, and education programs, on employment of technical
workers in the aviation maintenance industry;
(5) develop recommendations on how Federal Aviation
Administration regulations and policies could be improved to
modernize training programs at aviation maintenance technical
schools and address aviation maintenance industry needs for
technical workers;
(6) develop recommendations for better coordinating actions
by government, educational institutions, and businesses to
support workforce growth in the aviation maintenance industry;
and
(7) develop recommendations for addressing the needs for
government funding, private investment, equipment for training
purposes, and other resources necessary to strengthen existing
training programs or develop new training programs to support
workforce growth in the aviation industry.
(g) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study.
(h) Definitions.--In this section, the following definitions apply:
(1) Aviation maintenance industry.--The term ``aviation
maintenance industry'' means repair stations certificated under
part 145 of title 14, Code of Federal Regulations.
(2) Technical worker.--The term ``technical worker'' means
an individual authorized under part 43 of title 14, Code of
Federal Regulations, to maintain, rebuild, alter, or perform
preventive maintenance on an aircraft, airframe, aircraft
engine, propeller, appliance, or component part or employed by
an entity so authorized to perform such a function.
SEC. 625. <<NOTE: 49 USC 40101 note.>> AVIATION WORKFORCE
DEVELOPMENT PROGRAMS.
(a) In General.--The Secretary of Transportation shall establish--
(1) a program to provide grants for eligible projects to
support the education of future aircraft pilots and the
development of the aircraft pilot workforce; and
[[Page 132 STAT. 3406]]
(2) a program to provide grants for eligible projects to
support the education and recruitment of aviation maintenance
technical workers and the development of the aviation
maintenance workforce.
(b) Project Grants.--
(1) In general.--Out of amounts made available under section
48105 of title 49, United States Code, not more than $5,000,000
for each of fiscal years 2019 through 2023 is authorized to be
expended to provide grants under the program established under
subsection (a)(1), and $5,000,000 for each of fiscal years 2019
through 2023 is authorized to provide grants under the program
established under subsection (a)(2).
(2) Dollar amount limit.--Not more than $500,000 shall be
available for any 1 grant in any 1 fiscal year under the
programs established under subsection (a).
(c) Eligible Applications.--
(1) An application for a grant under the program established
under subsection (a)(1) shall be submitted, in such form as the
Secretary may specify, by--
(A) an air carrier, as defined in section 40102 of
title 49, United States Code, or a labor organization
representing aircraft pilots;
(B) an accredited institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) or a high school or secondary
school (as defined in section 7801 of the Higher
Education Act of 1965 (20 U.S.C. 7801));
(C) a flight school that provides flight training,
as defined in part 61 of title 14, Code of Federal
Regulations, or that holds a pilot school certificate
under part 141 of title 14, Code of Federal Regulations;
or
(D) a State or local governmental entity.
(2) An application for a grant under the pilot program
established under subsection (a)(2) shall be submitted, in such
form as the Secretary may specify, by--
(A) a holder of a certificate issued under part 21,
121, 135, or 145 of title 14, Code of Federal
Regulations or a labor organization representing
aviation maintenance workers;
(B) an accredited institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)) or a high school or secondary
school (as defined in section 7801 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801); and
(C) a State or local governmental entity.
(d) Eligible Projects.--
(1) For purposes of the program established under subsection
(a)(1), an eligible project is a project--
(A) to create and deliver curriculum designed to
provide high school students with meaningful aviation
education that is designed to prepare the students to
become aircraft pilots, aerospace engineers, or unmanned
aircraft systems operators; or
(B) to support the professional development of
teachers using the curriculum described in subparagraph
(A).
(2) For purposes of the pilot program established under
subsection (a)(2), an eligible project is a project--
[[Page 132 STAT. 3407]]
(A) to establish new educational programs that teach
technical skills used in aviation maintenance, including
purchasing equipment, or to improve existing such
programs;
(B) to establish scholarships or apprenticeships for
individuals pursuing employment in the aviation
maintenance industry;
(C) to support outreach about careers in the
aviation maintenance industry to--
(i) primary, secondary, and post-secondary
school students; or
(ii) to communities underrepresented in the
industry;
(D) to support educational opportunities related to
aviation maintenance in economically disadvantaged
geographic areas;
(E) to support transition to careers in aviation
maintenance, including for members of the Armed Forces;
or
(F) to otherwise enhance aviation maintenance
technical education or the aviation maintenance industry
workforce.
(e) Grant Application Review.--In reviewing and selecting
applications for grants under the programs established under subsection
(a), the Secretary shall--
(1) prior to selecting among competing applications,
consult, as appropriate, with representatives of aircraft repair
stations, design and production approval holders, air carriers,
labor organizations, business aviation, general aviation,
educational institutions, and other relevant aviation sectors;
and
(2) ensure that the applications selected for projects
established under subsection (a)(1) will allow participation
from a diverse collection of public and private schools in
rural, suburban, and urban areas.
Subtitle D--Unmanned Aircraft Systems Workforce
SEC. 631. <<NOTE: 49 USC 40101 note.>> COMMUNITY AND TECHNICAL
COLLEGE CENTERS OF EXCELLENCE IN SMALL
UNMANNED AIRCRAFT SYSTEM TECHNOLOGY
TRAINING.
(a) Designation.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Education and the Secretary of Labor, shall
establish a process to designate consortia of public, 2-year
institutions of higher education as Community and Technical College
Centers of Excellence in Small Unmanned Aircraft System Technology
Training (in this section referred to as the ``Centers of Excellence'').
(b) Functions.--A Center of Excellence designated under subsection
(a) shall have the capacity to train students for career opportunities
in industry and government service related to the use of small unmanned
aircraft systems.
(c) Education and Training Requirements.--In order to be designated
as a Center of Excellence under subsection (a), a consortium shall be
able to address education and training requirements
[[Page 132 STAT. 3408]]
associated with various types of small unmanned aircraft systems,
components, and related equipment, including with respect to--
(1) multirotor and fixed-wing small unmanned aircraft;
(2) flight systems, radio controllers, components, and
characteristics of such aircraft;
(3) routine maintenance, uses and applications, privacy
concerns, safety, and insurance for such aircraft;
(4) hands-on flight practice using small unmanned aircraft
systems and computer simulator training;
(5) use of small unmanned aircraft systems in various
industry applications and local, State, and Federal government
programs and services, including in agriculture, law
enforcement, monitoring oil and gas pipelines, natural disaster
response and recovery, fire and emergency services, and other
emerging areas;
(6) Federal policies concerning small unmanned aircraft;
(7) dual credit programs to deliver small unmanned aircraft
training opportunities to secondary school students; or
(8) training with respect to sensors and the processing,
analyzing, and visualizing of data collected by small unmanned
aircraft.
(d) Collaboration.--Each Center of Excellence shall seek to
collaborate with institutions participating in the Alliance for System
Safety of UAS through Research Excellence of the Federal Aviation
Administration and with the test ranges defined under section 44801 of
title 49, United States Code, as added by this Act.
(e) Institution of Higher Education.--In this section, the term
``institution of higher education'' has the meaning given the term in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
SEC. 632. <<NOTE: 49 USC 40101 note.>> COLLEGIATE TRAINING
INITIATIVE PROGRAM FOR UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish a collegiate training initiative program relating to
unmanned aircraft systems by making new agreements or continuing
existing agreements with institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under
which the institutions prepare students for careers involving unmanned
aircraft systems. The Administrator may establish standards for the
entry of such institutions into the program and for their continued
participation in the program.
(b) Unmanned Aircraft System Defined.--In this section, the term
``unmanned aircraft system'' has the meaning given that term by section
44801 of title 49, United States Code, as added by this Act.
[[Page 132 STAT. 3409]]
TITLE <<NOTE: FAA Leadership in Groundbreaking High-Tech Research and
Development Act.>> VII--FLIGHT R&D ACT
Subtitle A--General Provisions
SEC. 701. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This title may be cited as the ``FAA Leadership in Groundbreaking
High-Tech Research and Development Act'' or the ``FLIGHT R&D Act''.
SEC. 702. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--Section 48102(a) of title 49, United States
Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``and, for each of fiscal years 2012 through 2015, under
subsection (g)'';
(2) in paragraph (9), by striking ``and'' at the end; and
(3) by striking paragraph (10) and inserting the following:
``(10) $189,000,000 for fiscal year 2018;
``(11) $194,000,000 for fiscal year 2019;
``(12) $199,000,000 for fiscal year 2020;
``(13) $204,000,000 for fiscal year 2021;
``(14) $209,000,000 for fiscal year 2022; and
``(15) $214,000,000 for fiscal year 2023.''.
(b) Research Priorities.--Section 48102(b) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``consider'' and inserting
``prioritize safety in considering'';
(2) by striking paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following:
``(2) As safety related activities shall be the highest
research priority, at least 70 percent of the amount
appropriated under subsection (a) of this section shall be for
safety research and development projects.''.
(c) Annual Submission of the National Aviation Research Plan.--
Section 48102(g) of title 49, United States Code, is amended to read as
follows:
``(g) Annual Submission of the National Aviation Research Plan.--The
Administrator shall submit the national aviation research plan to
Congress no later than the date of submission of the President's budget
request to Congress for that fiscal year, as required under section
44501(c).''.
[[Page 132 STAT. 3410]]
Subtitle B--FAA Research and Development Organization
SEC. 711. <<NOTE: 49 USC 106 note.>> ASSISTANT ADMINISTRATOR FOR
RESEARCH AND DEVELOPMENT.
(a) Appointment.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall appoint an Assistant
Administrator for Research and Development.
(b) Responsibilities.--The Assistant Administrator for Research and
Development shall, at a minimum, be responsible for--
(1) management and oversight of all the FAA's research and
development programs and activities; and
(2) production of all congressional reports from the FAA
relevant to research and development, including the national
aviation research plan required under section 44501(c) of title
49, United States Code.
(c) Dual Appointment.--The Assistant Administrator for Research and
Development may be a dual-appointment, holding the responsibilities of
another Assistant Administrator.
SEC. 712. RESEARCH ADVISORY COMMITTEE.
(a) Advice and Recommendations.--Section 44508(a)(1)(A) of title 49,
United States Code, is amended to read as follows:
``(A) provide advice and recommendations to the
Administrator of the Federal Aviation Administration and
Congress about needs, objectives, plans, approaches, content,
and accomplishments of all aviation research and development
activities and programs carried out, including those under
sections 40119, 44504, 44505, 44507, 44511-44513, and 44912 of
this title;''.
(b) Written Reply to Research Advisory Committee.--Section 44508 of
title 49, United States Code, is amended by adding at the end the
following:
``(f) Written Reply.--
``(1) In general.--Not later than 60 days after receiving
any recommendation from the research advisory committee, the
Administrator shall provide a written reply to the research
advisory committee that, at a minimum--
``(A) clearly states whether the Administrator
accepts or rejects the recommendation;
``(B) explains the rationale for the Administrator's
decision;
``(C) sets forth the timeframe in which the
Administrator will implement the recommendation; and
``(D) describes the steps the Administrator will
take to implement the recommendation.
``(2) Transparency.--The written reply to the research
advisory committee, when transmitted to the research advisory
committee, shall be--
``(A) made publicly available on the research
advisory committee website; and
``(B) transmitted to the Committee on Science,
Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate.
[[Page 132 STAT. 3411]]
``(3) National aviation research plan.--The national
aviation research plan required under section 44501(c) shall
include a summary of all research advisory committee
recommendations and a description of the status of their
implementation.''.
Subtitle C--Unmanned Aircraft Systems
SEC. 721. <<NOTE: 49 USC 44802 note.>> UNMANNED AIRCRAFT SYSTEMS
RESEARCH AND DEVELOPMENT ROADMAP.
The Secretary shall submit the unmanned aircraft systems roadmap to
Congress on an annual basis as required under section 48802(a) of title
49, United States Code, as added by this Act.
Subtitle D--Cybersecurity and Responses to Other Threats
SEC. 731. <<NOTE: 49 USC 40101 note.>> CYBER TESTBED.
Not later than 6 months after the date of enactment of this Act, the
Administrator shall develop an integrated Cyber Testbed for research,
development, evaluation, and validation of air traffic control
modernization technologies, before they enter the national airspace
system, as being compliant with FAA data security regulations. The Cyber
Testbed shall be part of an integrated research and development test
environment capable of creating, identifying, defending, and solving
cybersecurity-related problems for the national airspace system. This
integrated test environment shall incorporate integrated test capacities
within the FAA related to the national airspace system and NextGen.
SEC. 732. STUDY ON THE EFFECT OF EXTREME WEATHER ON AIR TRAVEL.
(a) Study Required.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the National Oceanic and
Atmospheric Administration and the Administrator of the Federal Aviation
Administration shall jointly complete a study on the effect of extreme
weather on commercial air travel.
(b) Elements.--The study required by subsection (a) shall include
assessment of the following:
(1) Whether extreme weather may result in an increase in
turbulence.
(2) The effect of extreme weather on current commercial air
routes.
(3) The effect of extreme weather on domestic airports, air
traffic control facilities, and associated facilities.
Subtitle E--FAA Research and Development Activities
SEC. 741. RESEARCH PLAN FOR THE CERTIFICATION OF NEW TECHNOLOGIES
INTO THE NATIONAL AIRSPACE SYSTEM.
Not later than 1 year after the date of enactment of this Act, the
Administrator, in consultation with NASA, shall transmit
[[Page 132 STAT. 3412]]
a comprehensive research plan for the certification of new technologies
into the national airspace system to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate. This plan shall
identify research necessary to support the certification and
implementation of NextGen, including both ground and air elements, and
explain the plan's relationship to other activities and procedures
required for certification and implementation of new technologies into
the national airspace system. This plan shall be informed by the
recommendations of the National Research Council report titled
``Transformation in the Air--A Review of the FAA Research Plan'', issued
on June 8, 2015. This plan shall include, at a minimum--
(1) a description of the strategic and prescriptive value of
the research plan;
(2) an explanation of the expected outcomes from executing
the plan;
(3) an assessment of the FAA's plan to use research and
development to improve cybersecurity over the next 5 years;
(4) an assessment of the current software assurance
practices, and the desired level or attributes to target in the
software assurance program; and
(5) best practices in research and development used by other
organizations, such as NASA, NavCanada, and Eurocontrol.
SEC. 742. TECHNOLOGY REVIEW.
(a) Review.--
(1) In general.--The Administrator of the Federal Aviation
Administration, in coordination with the Administrator of the
National Aeronautics and Space Administration, shall conduct a
review of current and planned research on the use of advanced
aircraft technologies, innovative materials, alternative fuels,
additive manufacturing, and novel aircraft designs, to increase
aircraft fuel efficiency.
(2) Summaries.--The review conducted under paragraph (1)
shall include summaries of projects and missions to examine--
(A) the effectiveness of such technologies,
materials, fuels, and aircraft designs to enhance fuel
efficiency and aerodynamic performance, and reduce drag,
weight, noise, and fuel consumption; and
(B) the potential for novel flight pattern planning
and communications systems to reduce aircraft taxiing
and airport circling.
(3) Recommendations.--The review conducted under paragraph
(1) shall identify potential opportunities for additional
research and development, public or private, to increase
aircraft fuel efficiency.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration shall
submit to the appropriate committees of Congress a report containing the
results of the review conducted under subsection (a).
[[Page 132 STAT. 3413]]
SEC. 743. CLEEN AIRCRAFT AND ENGINE TECHNOLOGY PARTNERSHIP.
(a) Cooperative Agreement.--Subchapter I of chapter 475 of title 49,
United States Code, is amended by adding at the end the following:
``Sec. 47511. <<NOTE: 49 USC 47511.>> CLEEN engine and airframe
technology partnership
``(a) In General.--The Administrator of the Federal Aviation
Administration shall enter into a cost-sharing cooperative agreement,
using a competitive process, with institutions, entities, or consortiums
to carry out a program for the development, maturation, and testing of
certifiable CLEEN aircraft, engine technologies, and jet fuels for civil
subsonic airplanes.
``(b) CLEEN Engine and Airframe Technology Defined.--In this
section, the term `CLEEN aircraft and engine technology' means
continuous lower energy, emissions, and noise aircraft and engine
technology.
``(c) Performance Objective.--The Administrator shall establish the
performance objectives for the program in terms of the specific
objectives to reduce fuel burn, emissions and noise.''.
(b) Technical and Conforming Amendment.--The table of contents of
subchapter I of chapter 475 <<NOTE: 49 USC 47501 prec.>> is amended by
inserting after the item relating to section 47510 the following:
``47511. CLEEN engine and airframe technology partnership.''.
SEC. 744. <<NOTE: 49 USC 44505 note.>> RESEARCH AND DEPLOYMENT OF
CERTAIN AIRFIELD PAVEMENT TECHNOLOGIES.
Using amounts made available under section 48102(a) of title 49,
United States Code, the Administrator of the Federal Aviation
Administration may carry out a program for the research and development
of aircraft pavement technologies under which the Administrator makes
grants to, and enters into cooperative agreements with, institutions of
higher education and nonprofit organizations that--
(1) research concrete and asphalt airfield pavement
technologies that extend the life of airfield pavements;
(2) develop and conduct training;
(3) provide for demonstration projects; and
(4) promote the latest airfield pavement technologies to aid
in the development of safer, more cost effective, and more
durable airfield pavements.
Subtitle <<NOTE: Geospatial Data Act of 2018.>> F--Geospatial Data
SEC. 751. SHORT TITLE; FINDINGS.
(a) <<NOTE: 43 USC 2801 note.>> Short Title.--This subtitle may be
cited as the ``Geospatial Data Act of 2018''.
(b) <<NOTE: 43 USC 2801 note.>> Findings.--Congress finds that--
(1) open and publicly available data is essential to the
successful operation of the GeoPlatform;
(2) the private sector in the United States, for the
purposes of acquiring and producing quality geospatial data and
geospatial data services, has been and continues to be
invaluable in carrying out the varying missions of Federal
departments and agencies, as well as contributing positively to
the United States economy; and
[[Page 132 STAT. 3414]]
(3) over the last 2 decades, Congress has passed legislation
that promotes greater access and use of Government information
and data, which has--
(A) sparked new, innovative start-ups and services;
(B) spurred economic growth in many sectors, such as
in the geospatial services;
(C) advanced scientific research;
(D) promoted public access to Federally funded
services and data; and
(E) improved access to geospatial data for the
purposes of promoting public health, weather
forecasting, economic development, environmental
protection, flood zone research, and other purposes.
SEC. 752. <<NOTE: 43 USC 2801.>> DEFINITIONS.
In this subtitle--
(1) the term ``Advisory Committee'' means the National
Geospatial Advisory Committee established under section 754(a);
(2) the term ``Committee'' means the Federal Geographic Data
Committee established under section 753(a);
(3) the term ``covered agency''--
(A) means--
(i) an Executive department, as defined in
section 101 of title 5, United States Code, that
collects, produces, acquires, maintains,
distributes, uses, or preserves geospatial data on
paper or in electronic form to fulfill the mission
of the Executive department, either directly or
through a relationship with another organization,
including a State, local government, Indian tribe,
institution of higher education, business partner
or contractor of the Federal Government, and the
public;
(ii) the National Aeronautics and Space
Administration; or
(iii) the General Services Administration; and
(B) does not include the Department of Defense
(including 30 components and agencies performing
national missions) or any element of the intelligence
community;
(4) the term ``GeoPlatform'' means the GeoPlatform described
in section 758(a);
(5) the term ``geospatial data''--
(A) means information that is tied to a location on
the Earth, including by identifying the geographic
location and characteristics of natural or constructed
features and boundaries on the Earth, and that is
generally represented in vector datasets by points,
lines, polygons, or other complex geographic features or
phenomena;
(B) may be derived from, among other things, remote
sensing, mapping, and surveying technologies;
(C) includes images and raster datasets, aerial
photographs, and other forms of geospatial data or
datasets in digitized or non-digitized form; and
(D) does not include--
(i) geospatial data and activities of an
Indian tribe not carried out, in whole or in part,
using Federal funds, as determined by the tribal
government;
[[Page 132 STAT. 3415]]
(ii) classified national security-related
geospatial data and activities of the Department
of Defense, unless declassified;
(iii) classified national security-related
geospatial data and activities of the Department
of Energy, unless declassified;
(iv) geospatial data and activities under
chapter 22 of title 10, United States Code, or
section 110 of the National Security Act of 1947
(50 U.S.C. 3045);
(v) intelligence geospatial data and
activities, as determined by the Director of
National Intelligence; or
(vi) certain declassified national security-
related geospatial data and activities of the
intelligence community, as determined by the
Secretary of Defense, the Secretary of Energy, or
the Director of National Intelligence;
(6) the term ``Indian tribe'' has the meaning given that
term under section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b);
(7) the term ``institution of higher education'' has the
meaning given that term under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002);
(8) the term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003);
(9) the term ``lead covered agency'' means a lead covered
agency for a National Geospatial Data Asset data theme
designated under section 756(b)(1);
(10) the term ``local government'' means any city, county,
township, town, borough, parish, village, or other general
purpose political subdivision of a State;
(11) the term ``metadata for geospatial data'' means
information about geospatial data, including the content,
source, vintage, accuracy, condition, projection, method of
collection, and other characteristics or descriptions of the
geospatial data;
(12) the term ``National Geospatial Data Asset data theme''
means the National Geospatial Data Asset core geospatial
datasets (including electronic records and coordinates) relating
to a topic or subject designated under section 756;
(13) the term ``National Spatial Data Infrastructure'' means
the technology, policies, criteria, standards, and employees
necessary to promote geospatial data sharing throughout the
Federal Government, State, tribal, and local governments, and
the private sector (including nonprofit organizations and
institutions of higher education); and
(14) the term ``proven practices'' means methods and
activities that advance the use of geospatial data for the
benefit of society.
SEC. 753. <<NOTE: 43 USC 2802.>> FEDERAL GEOGRAPHIC DATA
COMMITTEE.
(a) In General.--There is established within the Department of the
Interior an interagency committee to be known as the Federal Geographic
Data Committee, which shall act as the lead entity in the executive
branch for the development, implementation, and
[[Page 132 STAT. 3416]]
review of policies, practices, and standards relating to geospatial
data.
(b) Membership.--
(1) Chairperson and vice chairperson.--The Secretary of the
Interior and the Director of the Office of Management and Budget
shall serve as Chairperson of the Committee and Vice Chairperson
of the Committee, respectively.
(2) Other members.--
(A) In general.--The head of each covered agency and
the Director of the National Geospatial-Intelligence
Agency shall each designate a representative of their
respective agency to serve as a member of the Committee.
(B) Requirement for appointments.--An officer
appointed to serve as a member of the Committee shall
hold a position as an assistant secretary, or an
equivalent position, or a higher ranking position.
(3) Guidance.--Not later than 1 year after the date of
enactment of this Act, and as needed thereafter, the Director of
the Office of Management and Budget shall update guidance with
respect to membership of the Committee and the roles of members
of the Committee.
(c) Duties.--The Committee shall--
(1) lead the development and management of and operational
decision making for the National Spatial Data Infrastructure
strategic plan and geospatial data policy in accordance with
section 755;
(2) designate National Geospatial Data Asset data themes and
oversee the coordinated management of the National Geospatial
Data Asset data themes in accordance with section 756;
(3) establish and maintain geospatial data standards in
accordance with section 757;
(4) periodically review and determine the extent to which
covered agencies comply with geospatial data standards;
(5) ensure that the GeoPlatform operates in accordance with
section 758;
(6) direct and facilitate national implementation of the
system of National Geospatial Data Asset data themes;
(7) communicate with and foster communication among covered
agencies and other entities and individuals relating to
geospatial data technology development, transfer, and exchange
in order to--
(A) identify and meet the needs of users of
geospatial data;
(B) promote cost-effective data collection,
documentation, maintenance, distribution, and
preservation strategies; and
(C) leverage Federal and non-Federal resources, such
as promoting Federal shared services and cross-agency
coordination for marketplace solutions;
(8) define roles and responsibilities and promote and guide
cooperation and coordination among agencies of the Federal
Government, State, tribal, and local governments, institutions
of higher education, and the private sector in the collection,
production, sharing, and use of geospatial information, the
implementation of the National Spatial Data Infrastructure, and
the identification of proven practices;
[[Page 132 STAT. 3417]]
(9) coordinate with international organizations having an
interest in the National Spatial Data Infrastructure or global
spatial data infrastructures;
(10) make available online and update at least annually--
(A) a summary of the status for each National
Geospatial Data Asset data theme, based on the report
submitted by the applicable lead covered agency under
section 756(b)(3)(E)(ii)(I), which shall include--
(i) an evaluation of the progress of each lead
covered agency in achieving the requirements under
subparagraphs (A), (B), (C), and (D) of section
756(b)(3); and
(ii) a determination of whether, for each of
subparagraphs (A), (B), (C), and (D) of section
756(b)(3), each lead covered agency meets
expectations, has made progress toward
expectations, or fails to meet expectations;
(B) a summary and evaluation of the achievements of
each covered agency, based on the annual report
submitted by the covered agency under section 759(b)(1),
which shall include a determination of whether the
covered agency meets expectations, has made progress
toward expectations, or fails to meet expectations for
each of paragraphs (1) through (13) of section 759(a);
(C) a collection of periodic technical publications,
management articles, and reports related to the National
Spatial Data Infrastructure; and
(D) a membership directory for the Committee,
including identifying members of any subcommittee or
working group of the Committee;
(11)(A) make available to and request comments from the
Advisory Committee regarding the summaries and evaluations
required under subparagraphs (A) and (B) of paragraph (10);
(B) if requested by the Advisory Committee, respond to any
comments by the Advisory Committee; and
(C) not less than once every 2 years, submit to Congress a
report that includes the summaries and evaluations required
under subparagraphs (A) and (B) of paragraph (10), the comments
of the Advisory Committee, and the responses of the Committee to
the comments;
(12)(A) make available to and request comments from covered
agencies regarding the summaries and evaluations required under
subparagraphs (A) and (B) of paragraph (10); and
(B) not less than once every 2 years, submit to Congress a
report that includes the comments of the covered agencies and
the responses of the Committee to the comments; and
(13) support and promote the infrastructure of networks,
systems, services, and standards that provide a digital
representation of the Earth to users for many applications.
(d) Staff Support.--The Committee shall establish an Office of the
Secretariat within the Department of the Interior to provide
administrative support, strategic planning, funding, and technical
support to the Committee.
[[Page 132 STAT. 3418]]
SEC. 754. <<NOTE: 43 USC 2803.>> NATIONAL GEOSPATIAL ADVISORY
COMMITTEE.
(a) Establishment.--The Secretary of the Interior shall establish
within the Department of the Interior the National Geospatial Advisory
Committee to provide advice and recommendations to the Chairperson of
the Committee.
(b) Membership.--
(1) Composition.--The Advisory Committee shall be composed
of not more than 30 members, at least one of which will be from
the National Geospatial-Intelligence Agency, who shall--
(A) be appointed by the Chairperson of the
Committee;
(B) be selected--
(i) to generally achieve a balanced
representation of the viewpoints of various
interested parties involved in national geospatial
activities and the development of the National
Spatial Data Infrastructure; and
(ii) with consideration of a geographic
balance of residence of the members; and
(C) be selected from among groups involved in the
geospatial community, including--
(i) States;
(ii) local governments;
(iii) regional governments;
(iv) tribal governments;
(v) private sector entities;
(vi) geospatial information user industries;
(vii) professional associations;
(viii) scholarly associations;
(ix) nonprofit organizations;
(x) academia;
(xi) licensed geospatial data acquisition
professionals; and
(xii) the Federal Government.
(2) Chairperson.--The Chairperson of the Committee shall
appoint the Chairperson of the Advisory Committee.
(3) Period of appointment; vacancies.--
(A) In general.--Members shall be appointed for a
term of 3 years, with the term of \1/3\ of the members
expiring each year.
(B) Vacancies.--Any vacancy in the Advisory
Committee shall not affect its powers, but shall be
filled in the same manner as the original appointment.
(4) Limit on terms.--Except for the member from the National
Geospatial-Intelligence Agency, an individual--
(A) may not be appointed to more than 2 consecutive
terms as a member of the Advisory Committee; and
(B) after serving for 2 consecutive terms, is
eligible to be appointed as a member of the Advisory
Committee on and after the date that is 2 years after
the end of the second consecutive term of the individual
as a member of the Advisory Committee.
(5) Ethical requirements.--A member of the Advisory
Committee may not participate in any specific-party matter
(including a lease, license, permit, contract, claim, agreement,
or related litigation) with the Department of the Interior in
which the member has a direct financial interest.
(6) Incumbents.--
[[Page 132 STAT. 3419]]
(A) In general.--An individual serving on the day
before the date of enactment of this Act as a member of
the National Geospatial Advisory Committee established
by the Secretary of the Interior may serve as a member
of the Advisory Committee until the end of the term of
the individual under the appointment.
(B) Limit on terms.--Any period of service as a
member of the National Geospatial Advisory Committee
established by the Secretary of the Interior shall be
considered a period of service as a member of the
Advisory Committee for purposes of paragraph (4).
(c) Subcommittees.--A subcommittee of the Advisory Committee--
(1) may be formed for the purposes of compiling information
or conducting research;
(2) shall be composed of members appointed by the
Chairperson of the Advisory Committee;
(3) shall act under the direction of the Chairperson of the
Advisory Committee and the officer or employee designated under
section 10(e) of the Federal Advisory Committee Act (5 U.S.C.
App.) with respect to the Advisory Committee;
(4) shall report the recommendations of the subcommittee to
the Advisory Committee for consideration; and
(5) shall meet as necessary to accomplish the objectives of
the subcommittee, subject to the approval of the Chairperson of
the Advisory Committee and the availability of resources.
(d) Meetings.--
(1) In general.--The Advisory Committee shall meet at the
call of the Chairperson, not less than 1 time each year and not
more than 4 times each year.
(2) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum, but a lesser number of
members may hold meetings or hearings.
(e) Duties of the Advisory Committee.--The Advisory Committee
shall--
(1) provide advice and recommendations relating to--
(A) the management of Federal and national
geospatial programs;
(B) the development of the National Spatial Data
Infrastructure; and
(C) implementation of this subtitle;
(2) review and comment on geospatial policy and management
issues; and
(3) ensure the views of representatives of non-Federal
interested parties involved in national geospatial activities
are conveyed to the Committee.
(f) Powers of the Advisory Committee.--
(1) Meetings.--The Advisory Committee may hold meetings
(which shall be open to the public) and sit and act at such
times and places as the Advisory Committee considers advisable
to carry out this subtitle.
(2) Information from covered agencies.--
(A) In general.--The Advisory Committee, with the
concurrence of the Chairperson of the Committee, may
secure directly from any covered agency such information
as the Advisory Committee considers necessary to carry
out this subtitle. Upon request of the Chairperson of
the
[[Page 132 STAT. 3420]]
Advisory Committee, the head of such agency shall
furnish such information to the Advisory Committee.
(B) Noncooperation.--The Advisory Committee shall
include in the comments of the Advisory Committee
submitted under section 753(c)(11) a discussion of any
failure by a covered agency to furnish information in
response to a request under subparagraph (A) of this
paragraph.
(3) Postal services.--The Advisory Committee may use the
United States mails in the same manner and under the same
conditions as other agencies of the Federal Government.
(g) Advisory Committee Personnel Matters.--
(1) No compensation of members.--
(A) Non-federal employees.--A member of the Advisory
Committee who is not an officer or employee of the
Federal Government shall serve without compensation.
(B) Federal employees.--A member of the Advisory
Committee who is an officer or employee of the Federal
Government shall serve without compensation in addition
to the compensation received for the services of the
member as an officer or employee of the Federal
Government.
(2) Travel expenses.--The members of the Advisory Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Advisory Committee.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee to support the
Advisory Committee without reimbursement, and such detail shall
be without interruption or loss of civil service status or
privilege.
(4) Staff support.--The Office of the Secretariat
established by the Committee under section 753(d) shall provide
administrative support to the Advisory Committee.
(h) Applicability of FACA.--
(1) In general.--Except as provided in paragraph (2), the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Advisory Committee.
(2) No termination.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
(i) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Committee shall terminate 10 years after the date of
enactment of this Act.
(2) Continuation.--The Advisory Committee may be continued
for successive 10-year periods by action taken by the Secretary
of the Interior to renew the Advisory Committee before the date
on which the Advisory Committee would otherwise terminate.
SEC. 755. <<NOTE: 43 USC 2804.>> NATIONAL SPATIAL DATA
INFRASTRUCTURE.
(a) In General.--The National Spatial Data Infrastructure shall
ensure that geospatial data from multiple sources (including
[[Page 132 STAT. 3421]]
the covered agencies, State, local, and tribal governments, the private
sector, and institutions of higher education) is available and easily
integrated to enhance the understanding of the physical and cultural
world.
(b) Goals.--The goals of the National Spatial Data Infrastructure
are to--
(1) ensure--
(A) that geospatial data are reviewed prior to
disclosure to ensure--
(i) compliance with section 552a of title 5
(commonly known as the ``Privacy Act of 1974'');
and
(ii) that personally identifiable information
is not disclosed, which shall include an
assessment of re-identification risk when
determining what data constitute personally
identifiable information;
(B) that geospatial data are designed to enhance the
accuracy of statistical information, both in raw form
and in derived information products;
(C) free and open access for the public to
geospatial data, information, and interpretive products,
in accordance with Office of Management and Budget
Circular A-130, or any successor thereto;
(D) the protection of proprietary interests related
to licensed information and data; and
(E) the interoperability and sharing capabilities of
Federal information systems and data to enable the
drawing of resources from covered agencies and partners
of covered agencies; and
(2) support and advance the establishment of a Global
Spatial Data Infrastructure, consistent with national security,
national defense, national intelligence, and international trade
requirements, including ensuring that covered agencies develop
international geospatial data in accordance with international
voluntary consensus standards, as defined in Office of
Management and Budget Circular A-119, or any successor thereto.
(c) Strategic Plan.--The Committee shall prepare and maintain a
strategic plan for the development and implementation of the National
Spatial Data Infrastructure in a manner consistent with national
security, national defense, and emergency preparedness program policies
regarding data accessibility.
(d) Advisory Role.--The Committee shall advise Federal and non-
Federal users of geospatial data on their responsibilities relating to
implementation of the National Spatial Data Infrastructure.
SEC. 756. <<NOTE: 43 USC 2805.>> NATIONAL GEOSPATIAL DATA ASSET
DATA THEMES.
(a) In General.--The Committee shall designate as National
Geospatial Data Asset data themes the primary topics and subjects for
which the coordinated development, maintenance, and dissemination of
geospatial data will benefit the Federal Government and the interests of
the people of the United States, which shall--
(1) be representations of conceptual topics describing
digital spatial information for the Nation; and
(2) contain associated datasets (with attribute records and
coordinates)--
(A) that are documented, verifiable, and officially
designated to meet recognized standards;
[[Page 132 STAT. 3422]]
(B) that may be used in common; and
(C) from which other datasets may be derived.
(b) Lead Covered Agencies.--
(1) In general.--For each National Geospatial Data Asset
data theme, the Committee shall designate one or more covered
agencies as the lead covered agencies for the National
Geospatial Data Asset data theme.
(2) General responsibility.--The lead covered agencies for a
National Geospatial Data Asset data theme shall be responsible
for ensuring the coordinated management of the data, supporting
resources (including technology and personnel), and related
services and products of the National Geospatial Data Asset data
theme.
(3) Specific responsibilities.--To assist in fulfilling the
responsibilities under paragraph (2) with respect to a National
Geospatial Data Asset data theme, the lead covered agencies
shall--
(A) provide leadership and facilitate the
development and implementation of geospatial data
standards for the National Geospatial Data Asset data
theme, with a particular emphasis on a data content
standard for the National Geospatial Data Asset data
theme, including by--
(i) assessing existing standards;
(ii) identifying anticipated or needed data
standards; and
(iii) developing a plan to originate and
implement needed standards with relevant community
and international practices--
(I) in accordance with Office of
Management and Budget Circular A-119, or
any successor thereto; and
(II) consistent with or as a part of
the plan described in subparagraph (B);
(B) provide leadership and facilitate the
development and implementation of a plan for nationwide
population of the National Geospatial Data Asset data
theme, which shall--
(i) include developing partnership programs
with States, Indian tribes, institutions of higher
education, private sector entities, other Federal
agencies, and local governments;
(ii) meet the needs of users of geospatial
data;
(iii) address human and financial resource
needs;
(iv) identify needs relating to standards,
metadata for geospatial data within the National
Geospatial Data Asset data theme, and the
GeoPlatform; and
(v) expedite the development of necessary
National Geospatial Data Asset data themes;
(C) establish goals that support the strategic plan
for the National Spatial Data Infrastructure prepared
under section 755(c);
(D) as necessary, collect and analyze information
from users of geospatial data within the National
Geospatial Data Asset data theme regarding the needs of
the users for geospatial data and incorporate the needs
of users in strategies relating to the National
Geospatial Data Asset data theme; and
[[Page 132 STAT. 3423]]
(E) as part of administering the National Geospatial
Data Asset data theme--
(i) designate a point of contact within the
lead covered agency who shall be responsible for
developing, maintaining, coordination relating to,
and disseminating data using the GeoPlatform;
(ii) submit to the Committee--
(I) a performance report, at least
annually, that documents the activities
relating to and implementation of the
National Geospatial Data Asset data
theme, including progress in achieving
the requirements under subparagraphs
(A), (B), (C), and (D); and
(II) comments, as appropriate,
regarding the summary and evaluation of
the performance report provided by the
Committee under section 753(c)(12);
(iii) publish maps or comparable graphics
online (in accordance with the mapping conventions
specified by the Committee) showing the extent and
status of the National Geospatial Data Asset data
themes for which the covered agency is a lead
covered agency;
(iv) encourage individuals and entities that
are a source of geospatial data or metadata for
geospatial data for the National Geospatial Data
Asset data theme to provide access to such data
through the GeoPlatform;
(v) coordinate with the GeoPlatform; and
(vi) identify and publish proven practices for
the use and application of geospatial data of the
lead covered agency.
SEC. 757. <<NOTE: 43 USC 2806.>> GEOSPATIAL DATA STANDARDS.
(a) In General.--In accordance with section 216 of the E-Government
Act of 2002 (44 U.S.C. 3501 note), the Committee shall establish
standards for each National Geospatial Data Asset data theme, which--
(1) shall include--
(A) rules, conditions, guidelines, and
characteristics for the geospatial data within the
National Geospatial Data Asset data theme and related
processes, technology, and organization; and
(B) content standards for metadata for geospatial
data within the National Geospatial Data Asset data
theme;
(2) to the maximum extent practicable, shall be consistent
with international standards and protocols;
(3) shall include universal data standards that shall be
acceptable for the purposes of declassified intelligence
community data; and
(4) the Committee shall periodically review and update as
necessary for the standards to remain current, relevant, and
effective.
(b) Development of Standards.--The Committee shall--
(1) develop and promulgate standards under this section--
(A) in accordance with Office of Management and
Budget Circular A-119, or any successor thereto; and
[[Page 132 STAT. 3424]]
(B) after consultation with a broad range of data
users and providers;
(2) to the maximum extent possible, use national and
international standards adopted by voluntary standards consensus
bodies; and
(3) establish new standards only to the extent standards
described in paragraph (2) do not exist.
(c) Exclusion.--The Secretary of the Interior shall withhold from
public disclosure any information the disclosure of which reasonably
could be expected to cause damage to the national interest, security, or
defense of the United States, including information relating to
geospatial intelligence data activities, as determined in consultation
with the Director of National Intelligence.
SEC. 758. <<NOTE: 43 USC 2807.>> GEOPLATFORM.
(a) In General.--The Committee shall operate an electronic service
that provides access to geospatial data and metadata for geospatial data
to the general public, to be known as the GeoPlatform.
(b) Implementation.--
(1) In general.--The GeoPlatform--
(A) shall--
(i) be available through the internet and
other communications means;
(ii) be accessible through a common interface;
(iii) include metadata for all geospatial data
collected by covered agencies, directly or
indirectly;
(iv) include download access to all open
geospatial data directly or indirectly collected
by covered agencies; and
(v) include a set of programming instructions
and standards providing an automated means of
accessing available geospatial data, which--
(I) harmonize sources and data
standards associated with geospatial
data, including metadata; and
(II) to the maximum extent
practicable, as determined by the
Chairperson of the Committee, shall be
made publicly available;
(B) may include geospatial data from a source other
than a covered agency, if determined appropriate by the
Committee; and
(C) shall not store or serve proprietary information
or data acquired under a license by the Federal
Government, unless authorized by the data provider.
(2) Managing partner.--The Chairperson of the Committee
shall designate an agency to serve as the managing partner for
developing and operating the GeoPlatform, taking direction from
the Committee on the scope, functionality, and performance of
the GeoPlatform.
(c) Clarification.--Although the GeoPlatform is intended to include
all National Geospatial Data Asset and other Federal datasets, nothing
in this subtitle shall be construed to prevent a covered agency from
also presenting, providing, or disseminating data that is--
(1) specific to the functions of the covered agency; or
[[Page 132 STAT. 3425]]
(2) targeted to information consumers that directly
interface with the services, portals, or other mechanisms of the
covered agency.
SEC. 759. <<NOTE: 43 USC 2808.>> COVERED AGENCY RESPONSIBILITIES.
(a) In General.--Each covered agency shall--
(1) prepare, maintain, publish, and implement a strategy for
advancing geographic information and related geospatial data and
activities appropriate to the mission of the covered agency, in
support of the strategic plan for the National Spatial Data
Infrastructure prepared under section 755(c);
(2) collect, maintain, disseminate, and preserve geospatial
data such that the resulting data, information, or products can
be readily shared with other Federal agencies and non-Federal
users;
(3) promote the integration of geospatial data from all
sources;
(4) ensure that data information products and other records
created in geospatial data and activities are included on agency
record schedules that have been approved by the National
Archives and Records Administration;
(5) allocate resources to fulfill the responsibilities of
effective geospatial data collection, production, and
stewardship with regard to related activities of the covered
agency, and as necessary to support the activities of the
Committee;
(6) use the geospatial data standards, including the
standards for metadata for geospatial data, and other
appropriate standards, including documenting geospatial data
with the relevant metadata and making metadata available through
the GeoPlatform;
(7) coordinate and work in partnership with other Federal
agencies, agencies of State, tribal, and local governments,
institutions of higher education, and the private sector to
efficiently and cost-effectively collect, integrate, maintain,
disseminate, and preserve geospatial data, building upon
existing non-Federal geospatial data to the extent possible;
(8) use geospatial information to--
(A) make Federal geospatial information and services
more useful to the public;
(B) enhance operations;
(C) support decision making; and
(D) enhance reporting to the public and to Congress;
(9) protect personal privacy and maintain confidentiality in
accordance with Federal policy and law;
(10) participate in determining, when applicable, whether
declassified data can contribute to and become a part of the
National Spatial Data Infrastructure;
(11) search all sources, including the GeoPlatform, to
determine if existing Federal, State, local, or private
geospatial data meets the needs of the covered agency before
expending funds for geospatial data collection;
(12) to the maximum extent practicable, ensure that a person
receiving Federal funds for geospatial data collection provides
high-quality data; and
[[Page 132 STAT. 3426]]
(13) appoint a contact to coordinate with the lead covered
agencies for collection, acquisition, maintenance, and
dissemination of the National Geospatial Data Asset data themes
used by the covered agency.
(b) Reporting.--
(1) In general.--Each covered agency shall submit to the
Committee an annual report regarding the achievements of the
covered agency in preparing and implementing the strategy
described in subsection (a)(1) and complying with the other
requirements under subsection (a).
(2) Budget submission.--Each covered agency shall--
(A) include geospatial data in preparing the budget
submission of the covered agency to the President under
sections 1105(a) and 1108 of title 31, United States
Code;
(B) maintain an inventory of all geospatial data
assets in accordance with OMB Circular A-130, or any
successor thereto; and
(C) prepare an annual report to Congress identifying
Federal-wide geospatial data assets, as defined in OMB
Circular A-16, as set forth in OMB memo M-11-03,
Issuance of OMB Circular A-16 Supplemental Guidance
(November 10, 2010), or any successor thereto.
(3) Disclosure.--Each covered agency shall disclose each
contract, cooperative agreement, grant, or other transaction
that deals with geospatial data, which may include posting
information relating to the contract, cooperative agreement,
grant, or other transaction on www.USAspending.gov and
www.itdashboard.gov, or any successors thereto.
(4) OMB review.--In reviewing the annual budget
justifications submitted by covered agencies, the Office of
Management and Budget shall take into consideration the summary
and evaluations required under subparagraphs (A) and (B) of
section 753(c)(10), comments, and replies to comments as
required under paragraphs (11) and (12) of section 753(c), in
its annual evaluation of the budget justification of each
covered agency.
(5) Reporting.--The Office of Management and Budget shall
include a discussion of the summaries and evaluation of the
progress in establishing the National Spatial Data
Infrastructure in each E-Government status report submitted
under section 3606 of title 44, United States Code.
(c) Audits.--Not less than once every 2 years, the inspector general
of a covered agency (or senior ethics official of the covered agency for
a covered agency without an inspector general) shall submit to Congress
an audit of the collection, production, acquisition, maintenance,
distribution, use, and preservation of geospatial data by the covered
agency, which shall include a review of--
(1) the compliance of the covered agency with the standards
for geospatial data, including metadata for geospatial data,
established under section 757;
(2) the compliance of the covered agency with the
requirements under subsection (a); and
(3) the compliance of the covered agency on the limitation
on the use of Federal funds under section 759A.
[[Page 132 STAT. 3427]]
SEC. 759A. <<NOTE: 43 USC 2809.>> LIMITATION ON USE OF FEDERAL
FUNDS.
(a) Definition.--In this section, the term ``implementation date''
means the date that is 5 years after the date on which standards for
each National Geospatial Data Asset data theme are established under
section 757.
(b) Limitation.--Except as provided otherwise in this section, on
and after the implementation date, a covered agency may not use Federal
funds for the collection, production, acquisition, maintenance, or
dissemination of geospatial data that does not comply with the
applicable standards established under section 757, as determined by the
Committee.
(c) Exception for Existing Geospatial Data.--On and after the
implementation date, a covered agency may use Federal funds to maintain
and disseminate geospatial data that does not comply with the applicable
standards established under section 757 if the geospatial data was
collected, produced, or acquired by the covered agency before the
implementation date.
(d) Waiver.--
(1) In general.--The Chairperson of the Committee may grant
a waiver of the limitation under subsection (b), upon a request
from a covered agency submitted in accordance with paragraph
(2).
(2) Requirements.--A request for a waiver under paragraph
(1) shall--
(A) be submitted not later than 30 days before the
implementation date;
(B) provide a detailed explanation of the reasons
for seeking a waiver;
(C) provide a detailed plan to achieve compliance
with the applicable standards established under section
757; and
(D) provide the date by which the covered agency
shall achieve compliance with the applicable standards
established under section 757.
(e) Best Efforts to Comply During Transition.--During the period
beginning on the date on which standards for a National Geospatial Data
Asset data theme are established under section 757 and ending on the
implementation date, each covered agency, to the maximum extent
practicable, shall collect, produce, acquire, maintain, and disseminate
geospatial data within the National Geospatial Data Asset data theme in
accordance with the standards.
SEC. 759B. <<NOTE: 43 USC 2810.>> SAVINGS PROVISION.
Nothing in this subtitle shall repeal, amend, or supersede any
existing law unless specifically provided in this subtitle.
SEC. 759C. <<NOTE: 43 USC 2811.>> PRIVATE SECTOR.
The Committee and each covered agency may, to the maximum extent
practical, rely upon and use the private sector in the United States for
the provision of geospatial data and services.
Subtitle G--Miscellaneous
SEC. 761. NEXTGEN RESEARCH.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit to the Committee on Science, Space, and
Technology and the Committee on Transportation and
[[Page 132 STAT. 3428]]
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report specifying
the top 5 priority research areas for the implementation and advancement
of NextGen, including--
(1) an assessment of why the research areas are a priority
for the implementation and advancement of NextGen;
(2) an identification of the other Federal agencies and
private organizations assisting the Administration with the
research; and
(3) an estimate of when the research will be completed.
SEC. 762. ADVANCED MATERIALS CENTER OF EXCELLENCE.
(a) In General.--Chapter 445 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44518. <<NOTE: 49 USC 44518.>> Advanced Materials Center
of Excellence
``(a) In General.--The Administrator of the Federal Aviation
Administration shall continue operation of the Advanced Materials Center
of Excellence (referred to in this section as the `Center') under its
structure as in effect on March 1, 2016, which shall focus on applied
research and training on the durability and maintainability of advanced
materials in transport airframe structures.
``(b) Responsibilities.--The Center shall--
``(1) promote and facilitate collaboration among academia,
the Transportation Division of the Federal Aviation
Administration, and the commercial aircraft industry, including
manufacturers, commercial air carriers, and suppliers; and
``(2) establish goals set to advance technology, improve
engineering practices, and facilitate continuing education in
relevant areas of study.''.
(b) Table of Contents.--The table of contents for chapter 445 of
title 49, United States Code, <<NOTE: 49 USC 44501 prec.>> is amended
by adding at the end the following:
``44518. Advanced Materials Center of Excellence.''.
TITLE VIII--AVIATION REVENUE PROVISIONS
SEC. 801. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST
FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 9502.>> is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2018'' and inserting ``October 1, 2023''; and
(2) in subparagraph (A) by striking the semicolon at the end
and inserting ``or the FAA Reauthorization Act of 2018;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``October 1, 2018'' and inserting ``October 1,
2023''.
SEC. 802. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST
FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 4081.>> is amended by striking ``September 30,
2018'' and inserting ``September 30, 2023''.
[[Page 132 STAT. 3429]]
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) <<NOTE: 26 USC
4261.>> of such Code is amended by striking ``September 30,
2018'' and inserting ``September 30, 2023''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2021'' and inserting ``September 30,
2023''.
(2) Treatment as noncommercial aviation.--Section 4083(b) of
such Code is amended by striking ``October 1, 2018'' and
inserting ``October 1, 2023''.
(3) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended by striking ``September 30, 2018'' and inserting
``September 30, 2023''.
DIVISION C--NATIONAL <<NOTE: National Transportation Safety Board
Reauthorization Act.>> TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT
OF 2018
SEC. 1101. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This division may be cited as the ``National Transportation Safety
Board Reauthorization Act''.
SEC. 1102. <<NOTE: 49 USC 41101 note.>> DEFINITIONS.
In this division, the following definitions apply:
(1) Board.--The term ``Board'' means the National
Transportation Safety Board.
(2) Chairman.--The term ``Chairman'' means the Chairman of
the National Transportation Safety Board.
(3) Most wanted list.--The term ``Most Wanted List'' means
the Board publication entitled ``Most Wanted List''.
SEC. 1103. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, is amended to read
as follows:
``(a) In General.--There are authorized to be appropriated for the
purposes of this chapter $111,400,000 for fiscal year 2019, $112,400,000
for fiscal year 2020, $113,400,000 for fiscal year 2021, and
$114,400,000 for fiscal year 2022. Such sums shall remain available
until expended.''.
SEC. 1104. STILL IMAGES.
(a) Still Images, Voice Recorders, and Video Recorders.--
(1) Cockpit recordings and transcripts.--Section 1114(c) of
title 49, United States Code, is amended--
(A) by redesignating paragraph (2) as paragraph (3);
(B) in paragraph (3), as so redesignated, by
inserting ``References to information in making safety
recommendations.--'' before ``This''; and
(C) in paragraph (1)--
(i) in the first sentence, by striking ``The
Board'' and inserting ``Confidentiality of
recordings.--Except as provided in paragraph (2),
the Board''; and
[[Page 132 STAT. 3430]]
(ii) by amending the second sentence to read
as follows:
``(2) Exception.--Subject to subsections (b) and (g), the
Board shall make public any part of a transcript, any written
depiction of visual information obtained from a video recorder,
or any still image obtained from a video recorder the Board
decides is relevant to the accident or incident--
``(A) if the Board holds a public hearing on the
accident or incident, at the time of the hearing; or
``(B) if the Board does not hold a public hearing,
at the time a majority of the other factual reports on
the accident or incident are placed in the public
docket.''.
(2) Surface vehicle recordings and transcripts.--Section
1114(d) of title 49, United States Code, is amended--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) in paragraph (1)--
(i) in the first sentence, by striking ``The
Board'' and inserting ``Except as provided in
paragraph (2), the Board''; and
(ii) by amending the second sentence to read
as follows:
``(2) Exception.--Subject to subsections (b) and (g), the
Board shall make public any part of a transcript, any written
depiction of visual information obtained from a video recorder,
or any still image obtained from a video recorder the Board
decides is relevant to the accident--
``(A) if the Board holds a public hearing on the
accident, at the time of the hearing; or
``(B) if the Board does not hold a public hearing,
at the time a majority of the other factual reports on
the accident are placed in the public docket.''.
(3) Privacy protections.--Section 1114 of title 49, United
States Code, is amended by adding at the end the following:
``(g) Privacy Protections.--Before making public any still image
obtained from a video recorder under subsection (c)(2) or subsection
(d)(2), the Board shall take such action as appropriate to protect from
public disclosure any information that readily identifies an individual,
including a decedent.''.
(b) Cockpit and Surface Vehicle Recordings and Transcripts.--Section
1154(a) of title 49, United States Code, is amended--
(1) in the heading, by striking ``Transcripts and
Recordings'' and inserting ``In General'';
(2) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) any still image that the National
Transportation Safety Board has not made available to
the public under section 1114(c) or 1114(d) of this
title;'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``recorder recording'' and inserting ``recorder
recording, including with regard to a video recording
any still image that the National Transportation Safety
Board
[[Page 132 STAT. 3431]]
has not made available to the public under section
1114(c) or 1114(d) of this title,''; and
(B) in subparagraph (B), by striking ``recorder
recording'' and inserting ``recorder recording,
including with regard to a video recording any still
image that the National Transportation Safety Board has
not made available to the public under section 1114(c)
or 1114(d) of this title,'';
(4) in paragraph (4)--
(A) in subparagraph (A)--
(i) by inserting ``a still image or'' before
``a part of a cockpit''; and
(ii) by striking ``the part of the transcript
or the recording'' each place it appears and
inserting ``the still image, the part of the
transcript, or the recording'';
(B) in subparagraph (B)--
(i) by inserting ``a still image or'' before
``a part of a cockpit''; and
(ii) by striking ``the part of the transcript
or the recording'' each place it appears and
inserting ``the still image, the part of the
transcript, or the recording''; and
(5) in paragraph (6)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Still image.--The term `still image' means any still
image obtained from a video recorder.''.
SEC. 1105. ELECTRONIC RECORDS.
Section 1134(a)(2) of title 49, United States Code, is amended by
inserting ``including an electronic record,'' after ``record,''.
SEC. 1106. REPORT ON MOST WANTED LIST METHODOLOGY.
(a) In General.--Not later than the date on which the first Most
Wanted List to be published after the date of enactment of this Act is
published, the Chairman shall publish on a publicly available website of
the Board and submit to appropriate committees of Congress a report on
the methodology used to prioritize and select recommendations to be
included by the Board in the Most Wanted List.
(b) Elements.--The report under subsection (a) shall include--
(1) a detailed description of how the Board accounts for the
risk to safety addressed in each of its recommendations,
including the extent to which the Board considers--
(A) the types of data and other information,
including studies and reports, used to identify the
amount and probability of risk to safety;
(B) the reduction of the risk to safety, estimated
over a period of time, by implementing each
recommendation;
(C) the practicality and feasibility of achieving
the reduction of the risk to safety described in
subparagraph (B); and
(D) any alternate means of reducing the risk;
(2) a detailed description of the extent to which the Board
considers any prior, related investigation, safety
recommendation, or other safety action when prioritizing and
selecting recommendations; and
[[Page 132 STAT. 3432]]
(3) a description of the extent of coordination and
consultation when prioritizing and selecting the
recommendations.
(c) GAO Report.--Not later than 15 months after the date that the
methodology report is published under subsection (a), the Comptroller
General of the United States shall submit to the appropriate committees
of Congress a report examining the methodology used by the Board to
prioritize and select safety recommendations for inclusion in the Most
Wanted List.
SEC. 1107. METHODOLOGY.
(a) Redesignation.--Section 1116 of title 49, United States Code, is
amended by adding at the end the following:
``(c) Annual Report.--The National Transportation Safety Board shall
submit a report to Congress on July 1 of each year. The report shall
include--
``(1) a statistical and analytical summary of the
transportation accident investigations conducted and reviewed by
the Board during the prior calendar year;
``(2) a survey and summary of the recommendations made by
the Board to reduce the likelihood of recurrence of those
accidents together with the observed response to each
recommendation;
``(3) a detailed appraisal of the accident investigation and
accident prevention activities of other departments, agencies,
and instrumentalities of the United States Government and State
and local governmental authorities having responsibility for
those activities under a law of the United States or a State;
``(4) a description of the activities and operations of the
National Transportation Safety Board Training Center during the
prior calendar year;
``(5) a list of accidents, during the prior calendar year,
that the Board was required to investigate under section 1131
but did not investigate and an explanation of why they were not
investigated; and
``(6) a list of ongoing investigations that have exceeded
the expected time allotted for completion by Board order and an
explanation for the additional time required to complete each
such investigation.''.
(b) Methodology.--
(1) In general.--Section 1117 of title 49, United States
Code, is amended to read as follows:
``Sec. 1117. Methodology
``(a) In General.--Not later than 2 years after the date of
enactment of the National Transportation Safety Board Reauthorization
Act, the Chairman shall include with each investigative report in which
a recommendation is issued by the Board a methodology section detailing
the process and information underlying the selection of each
recommendation.
``(b) Elements.--Except as provided in subsection (c), the
methodology section under subsection (a) shall include, for each
recommendation--
``(1) a brief summary of the Board's collection and analysis
of the specific accident investigation information most relevant
to the recommendation;
[[Page 132 STAT. 3433]]
``(2) a description of the Board's use of external
information, including studies, reports, and experts, other than
the findings of a specific accident investigation, if any were
used to inform or support the recommendation, including a brief
summary of the specific safety benefits and other effects
identified by each study, report, or expert; and
``(3) a brief summary of any examples of actions taken by
regulated entities before the publication of the safety
recommendation, to the extent such actions are known to the
Board, that were consistent with the recommendation.
``(c) Acceptable Limitation.--If the Board knows of more than 3
examples taken by regulated entities before the publication of the
safety recommendation that were consistent with the recommendation, the
brief summary under subsection (b)(3) may be limited to only 3 of those
examples.
``(d) Exception.--Subsection (a) shall not apply if the
recommendation is only for a person to disseminate information on--
``(1) an existing agency best practices document; or
``(2) an existing regulatory requirement.
``(e) Rule of Construction.--Nothing in this section may be
construed to require any change to a recommendation made by the Board
before the date of enactment of the National Transportation Safety Board
Reauthorization Act, unless the recommendation is a repeat
recommendation issued on or after the date of enactment of such Act.
``(f) Savings Clause.--Nothing in this section may be construed--
``(1) to delay publication of the findings, cause, or
probable cause of a Board investigation;
``(2) to delay the issuance of an urgent recommendation that
the Board has determined must be issued to avoid immediate loss,
death, or injury; or
``(3) to limit the number of examples the Board may consider
before issuing a recommendation.''.
(2) Clerical amendment.--The analysis for chapter 11 of
title 49, United States Code, <<NOTE: 49 USC 1101 prec.>> is
amended by inserting after the item relating to section 1116 the
following:
``117. Methodology.''.
SEC. 1108. <<NOTE: 49 USC 1119 note.>> MULTIMODAL ACCIDENT
DATABASE MANAGEMENT SYSTEM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Board shall establish and maintain a
multimodal accident database management system for Board investigators.
(b) Purposes.--The purposes of the system shall be to support the
Board in improving--
(1) the quality of accident data the Board makes available
to the public; and
(2) the selection of accidents for investigation and
allocation of limited resources.
(c) Requirements.--The system shall--
(1) maintain a historical record of accidents that are
investigated by the Board; and
(2) be capable of the secure storage, retrieval, and
management of information associated with the investigations of
such accidents.
[[Page 132 STAT. 3434]]
SEC. 1109. ADDRESSING THE NEEDS OF FAMILIES OF INDIVIDUALS
INVOLVED IN ACCIDENTS.
(a) Air Carriers Holding Certificates of Public Convenience and
Necessity.--Section 41113 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``a major'' and inserting
``any''; and
(2) in subsection (b)--
(A) in paragraph (9), by striking ``(and any other
victim of the accident)'' and inserting ``(and any other
victim of the accident, including any victim on the
ground)'';
(B) in paragraph (16), by striking ``major'' and
inserting ``any''; and
(C) in paragraph (17)(A), by striking
``significant'' and inserting ``any''.
(b) Foreign Air Carriers Providing Foreign Air Transportation.--
Section 41313 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``a major'' and inserting
``any''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``a significant''
and inserting ``any'';
(B) in paragraph (2), by striking ``a significant''
and inserting ``any'';
(C) by amending paragraph (9) to read as follows:
``(9) Equal treatment of passengers.--An assurance that the
treatment of the families of nonrevenue passengers (and any
other victim of the accident, including any victim on the
ground) will be the same as the treatment of the families of
revenue passengers.'';
(D) in paragraph (16)--
(i) by striking ``major'' and inserting
``any''; and
(ii) by striking ``the foreign air carrier
will consult'' and inserting ``will consult''; and
(E) in paragraph (17)(A), by striking
``significant'' and inserting ``any''.
(c) Assistance to Families of Passengers Involved in Aircraft
Accidents.--Section 1136 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``aircraft accident
within the United States involving an air carrier or foreign air
carrier and resulting in a major loss of life'' and inserting
``aircraft accident involving an air carrier or foreign air
carrier, resulting in any loss of life, and for which the
National Transportation Safety Board will serve as the lead
investigative agency''; and
(2) in subsection (h)--
(A) by amending paragraph (1) to read as follows:
``(1) Aircraft accident.--The term `aircraft accident' means
any aviation disaster, regardless of its cause or suspected
cause, for which the National Transportation Safety Board is the
lead investigative agency.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``; and''
and inserting a semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
[[Page 132 STAT. 3435]]
(iii) by adding at the end the following:
``(C) any other person injured or killed in the
aircraft accident, as determined appropriate by the
Board.''.
(d) Assistance to Families of Passengers Involved in Rail Passenger
Accidents.--Section 1139 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``resulting in a major
loss of life'' and inserting ``resulting in any loss of life,
and for which the National Transportation Safety Board will
serve as the lead investigative agency''; and
(2) by amending subsection (h)(1) to read as follows:
``(1) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster that--
``(A) results in any loss of life;
``(B) the National Transportation Safety Board will
serve as the lead investigative agency for; and
``(C) occurs in the provision of--
``(i) interstate intercity rail passenger
transportation (as such term is defined in section
24102); or
``(ii) high-speed rail (as such term is
defined in section 26105) transportation,
regardless of its cause or suspected cause.''.
(e) Information for Families of Individuals Involved in Accidents.--
(1) In general.--Subchapter III of chapter 11 of subtitle II
of title 49, United States Code, is amended by adding at the end
the following:
``Sec. 1140. <<NOTE: 49 USC 1140.>> Information for families of
individuals involved in accidents
``In the course of an investigation of an accident described in
section 1131(a)(1), except an aircraft accident described in section
1136 or a rail passenger accident described in section 1139, the Board
may, to the maximum extent practicable, ensure that the families of
individuals involved in the accident, and other individuals the Board
deems appropriate--
``(1) are informed as to the roles, with respect to the
accident and the post-accident activities, of the Board;
``(2) are briefed, before any public briefing, about the
accident, its causes, and any other findings from the
investigation; and
``(3) are individually informed of and allowed to attend any
public hearings and meetings of the Board about the accident.''.
(2) Table of contents.--The table of contents of chapter 11
of subtitle II of title 49, United States Code, <<NOTE: 49 USC
1101 prec.>> is amended by inserting after the item relating to
section 1139 the following:
``1140. Information for families of individuals involved in
accidents.''.
SEC. 1110. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON
INVESTIGATION LAUNCH DECISION-MAKING
PROCESSES.
Section 1138 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4) the following:
[[Page 132 STAT. 3436]]
``(5) the process and procedures to select an accident to
investigate;''; and
(2) in subsection (c), by inserting a comma after
``Science''.
SEC. 1111. PERIODIC REVIEW OF SAFETY RECOMMENDATIONS.
(a) Reports.--Section 1116 of title 49, United States Code, as
amended by this Act, is further amended--
(1) in the heading, by striking ``and studies'' and
inserting ``, studies, and retrospective reviews''; and
(2) by adding at the end the following:
``(d) Retrospective Reviews.--
``(1) In general.--Subject to paragraph (2), not later than
June 1, 2019, and at least every 5 years thereafter, the
Chairman shall complete a retrospective review of
recommendations issued by the Board that are classified as open
by the Board.
``(2) Contents.--A review under paragraph (1) shall
include--
``(A) a determination of whether the recommendation
should be updated, closed, or reissued in light of--
``(i) changed circumstances;
``(ii) more recently issued recommendations;
``(iii) the availability of new technologies;
or
``(iv) new information making the
recommendation ineffective or insufficient for
achieving its objective; and
``(B) a justification for each determination under
subparagraph (A).
``(3) Report.--Not later than 180 days after the date a
review under paragraph (1) is complete, the Chairman 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
includes--
``(A) the findings of the review under paragraph
(1);
``(B) each determination under paragraph (2)(A) and
justification under paragraph (2)(B); and
``(C) if applicable, a schedule for updating,
closing, or reissuing a recommendation.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 49,
United States Code, <<NOTE: 49 USC 1101 prec.>> is amended by striking
the item relating to section 1116 and inserting the following:
``1116. Reports, studies, and retrospective reviews.''.
(c) <<NOTE: 49 USC 1116 note.>> Savings Clause.--Nothing in this
section or the amendments made by this section may be construed to limit
or otherwise affect the authority of the Board to update, close, or
reissue a recommendation.
SEC. 1112. GENERAL ORGANIZATION.
(a) Terms of the Chairman and Vice Chairman.--Section 1111(d) of
title 49, United States Code, is amended by striking ``2 years'' and
inserting ``3 years''.
(b) Nonpublic Collaborative Discussions.--Section 1111 of such titl