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H.Res. 1082 (115th): FAA Reauthorization Act of 2018

The text of the resolution below is as of Sep 26, 2018 (Passed the House).


IV

115th CONGRESS

2d Session

H. RES. 1082

In the House of Representatives, U. S.,

September 26, 2018

RESOLUTION

Providing for the concurrence by the House in the Senate amendment to H.R. 302, with an amendment.

That upon the adoption of this resolution the House shall be considered to have taken from the Speaker’s table the bill, H.R. 302, with the Senate amendment thereto, and to have concurred in the Senate amendment with the following amendment:

In lieu of the matter proposed to be inserted by the amendment of the Senate to the text of the bill, insert the following:

1.

Short title; table of contents

(a)

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—Sports Medicine Licensure

Sec. 11. Short title.

Sec. 12. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Sec. 1992. Table of contents of chapter 449.

Sec. 1993. Other laws; Intelligence Reform and Terrorism Prevention Act of 2004.

Sec. 1994. Savings provisions.

A

Sports Medicine Licensure

11.

Short title

This division may be cited as the Sports Medicine Licensure Clarity Act of 2018.

12.

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—

(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.

(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.

B

FAA Reauthorization Act of 2018

101.

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.

I

Authorizations

A

Funding of FAA Programs

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,.

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.

.

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.

(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,.

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.

.

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, are repealed.

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.

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.

B

Passenger Facility Charges

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

(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.

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;

(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.

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).

C

Airport Improvement Program Modifications

131.

Grant assurances

Section 47107 of title 49, United States Code, is amended—

(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, 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.

.

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

(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.

.

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 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 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;

(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)

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.

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).

.

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).

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.

.

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.

.

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

.

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.

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:

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—

(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, is amended by inserting after the item relating to section 47142 the following:

47143. Non-movement area surveillance surface display systems pilot program.

.

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

(2)

by inserting , or section 47125 of title 49, United States Code before the period at the end.

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.

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.

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.

(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.

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.

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.

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

(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.

.

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;

(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.

.

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.

.

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;

.

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.

(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.

.

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).

.

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).

.

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.

.

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).

.

156.

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.

(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.

157.

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;

(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).

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.

(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.

.

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)

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.

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 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, is amended by striking the item relating to section 47134 and inserting the following:

47134. Airport investment partnership program.

.

161.

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;

(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.

(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.

162.

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.

(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.

163.

Limited regulation of non-federally sponsored property

(a)

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)

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)

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—

(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.

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.

.

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 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.

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, 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.

.

167.

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.

D

Airport Noise and Environmental Streamlining

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.

172.

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

(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).

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.

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.

.

175.

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.

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.

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.

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.

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 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).

180.

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.

181.

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

(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.

(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 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.

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.

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.

.

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.

.

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.

.

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 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.

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.

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).

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

(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.

190.

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:

(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).

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

(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.

.

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-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—

(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)

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;

(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.

II

FAA Safety Certification Reform

A

General Provisions

201.

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.

202.

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.

(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 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.

(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.

(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.

B

Aircraft Certification Reform

211.

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 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.

212.

Organization designation authorizations

(a)

In general

Chapter 447 of title 49, United States Code, is amended by adding at the end the following:

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.

(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;

(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, is amended by adding at the end the following:

44736. Organization designation authorizations.

.

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 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.

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

(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,.

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.

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;

(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.

C

Flight Standards Reform

221.

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 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.

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;

(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).

223.

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.

(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.

224.

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, 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).

D

Safety Workforce

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 safety inspectors overseeing an ODA holder and its certification activity.

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).

E

International Aviation

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, 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.

.

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.

(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.

.

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 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.

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.

.

III

Safety

A

General provisions

301.

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.

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.

(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.

303.

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.

304.

International efforts regarding tracking of civil aircraft

The Administrator shall exercise leadership on creating a global approach to improving aircraft tracking by working with—

(1)

foreign counterparts of the Administrator in the International Civil Aviation Organization and its subsidiary organizations;

(2)

other international organizations and fora; and

(3)

the private sector.

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.

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, the actions the Administrator plans to take with respect to the systems reviewed, and the associated timeline for such actions.

307.

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.

308.

FAA and NTSB review of general aviation safety

(a)

Study required

Not later than 30 days after the date of enactment of this Act, the Administrator, in 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 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.

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.

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.

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.

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).

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).

314.

Helicopter air ambulance operations data and reports

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator, in collaboration with helicopter air ambulance industry stakeholders, shall assess the availability of information to the general public 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)

Requirements

Based on the assessment under subsection (a), the Administrator shall—

(1)

update, as necessary, any existing guidance on what information is included in the current 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)

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.;

(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.

.

315.

Aviation rulemaking committee for part 135 pilot rest and duty rules

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator shall 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.

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).

(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.

317.

Helicopter fuel system safety

(a)

In general

Chapter 447 of title 49, United States Code, is further amended by adding at the end the following:

44737.

Helicopter fuel system safety

(a)

Prohibition

(1)

In general

A person may not operate a covered rotorcraft in United States airspace unless the design of the rotorcraft is certified by the 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

(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, is amended by adding at the end the following:

44737. Helicopter fuel system safety.

.

318.

Applicability of medical certification standards to operators of air balloons

(a)

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).

319.

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.

320.

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 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.

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.

322.

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.

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.

(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.

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.

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.

326.

Aircraft air quality

(a)

Educational materials

Not later than 1 year after the date of enactment of this Act, the Administrator shall, in consultation with relevant stakeholders, establish and make available on a publicly available Internet website of the Administration, educational materials for flight 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.

(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).

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.

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.

329.

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 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.

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.

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.

332.

Airport rescue and firefighting

(a)

Firefighting foam

Not later than 3 years after the date of enactment of this Act, the Administrator, using the latest version of National Fire Protection 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.

333.

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 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

(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;

(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.

(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 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).

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.

(c)

Consultation

The Administrator shall consult with the National Transportation Safety Board in developing the report required under this section.

335.

Flight attendant duty period limitations and rest requirements

(a)

Modification of final rule

(1)

In general

Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall modify the final rule of the 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), 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.

336.

Secondary cockpit barriers

(a)

Short title

This section may be cited as the Saracini Aviation Safety Act of 2018.

(b)

Requirement

Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order 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.

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.

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.

339.

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.

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.

(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).

339B.

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—

(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.

B

Unmanned Aircraft Systems

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, is amended by inserting after chapter 447 the following:

448

Unmanned aircraft systems

Sec.

44801. Definitions.

44802. Integration of civil unmanned aircraft systems into national airspace system.

44801.

Definitions

In this chapter, the following definitions apply:

(1)

Actively tethered unmanned aircraft system

The term actively tethered unmanned 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 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.

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;

(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;

(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, is amended by inserting after the item relating to chapter 447 the following:

448. Unmanned aircraft systems44801

.

(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.

342.

Update of FAA comprehensive plan

(a)

In general

Not later than 270 days after the date of enactment of this Act, the Secretary of 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;

(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.

343.

Unmanned aircraft test ranges

(a)

In general

Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:

44803.

Unmanned aircraft test ranges

(a)

In general

The Administrator of the Federal Aviation Administration shall carry out and update, as 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, 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.

(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, is further amended by adding at the end the following:

44803. Unmanned aircraft system test ranges.

.

344.

Small unmanned aircraft in the Arctic

(a)

In general

Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:

44804.

Small unmanned aircraft in the Arctic

(a)

In general

The Secretary of Transportation shall develop a plan and initiate a process to work with relevant Federal agencies and national and international communities to designate permanent areas in the Arctic where small unmanned aircraft may operate 24 hours per day for research and commercial purposes.

(b)

Plan contents

The plan under subsection (a) shall include the development of processes to facilitate the safe operation of small unmanned aircraft beyond the 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).

.

(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.

.

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:

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 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

(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)

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.

.

346.

Public unmanned aircraft systems

(a)

In general

Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:

44806.

Public unmanned aircraft systems

(a)

Guidance

The Secretary of Transportation shall issue guidance regarding the operation of a public 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—

(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) 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.

347.

Special authority for certain unmanned aircraft systems

(a)

In general

Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:

44807.

Special authority for certain unmanned 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, 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.

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:

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, is further amended by adding at the end the following:

44808. Carriage of property by small unmanned aircraft systems for compensation or hire.

.

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:

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

(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.

(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 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.

350.

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.

(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.

351.

Unmanned aircraft systems integration pilot program

(a)

Authority

The Secretary of Transportation may establish a pilot program to enable enhanced drone operations as required in the October 25, 2017 Presidential Memorandum entitled Unmanned Aircraft Systems Integration Pilot Program and described in 82 Federal Register 50301.

(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—

(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.

(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.

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.

353.

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 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.

354.

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.

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).

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.

357.

Unmanned aircraft systems privacy policy

It is the policy of the United States that the operation of any unmanned aircraft or unmanned aircraft system shall be carried out in a manner that respects and protects personal privacy consistent with the United States Constitution and Federal, State, and local law.

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 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).

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 subsection (a), including the Administrator’s findings, conclusions, and recommendations.

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.

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.

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;

(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;