[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 636 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
April 19, 2016.
Resolved, That the bill from the House of Representatives (H.R.
636) entitled ``An Act to amend the Internal Revenue Code of 1986 to
permanently extend increased expensing limitations, and for other
purposes.'', do pass with the following
AMENDMENTS:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Aviation
Administration Reauthorization Act of 2016''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States Code.
Sec. 3. Definition of appropriate committees of Congress.
Sec. 4. Effective date.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
Sec. 1001. Airport planning and development and noise compatibility
planning and programs.
Sec. 1002. Air navigation facilities and equipment.
Sec. 1003. FAA operations.
Sec. 1004. FAA research and development.
Sec. 1005. Funding for aviation programs.
Sec. 1006. Extension of expiring authorities.
Subtitle B--Airport Improvement Program Modifications
Sec. 1201. Small airport regulation relief.
Sec. 1202. Priority review of construction projects in cold weather
States.
Sec. 1203. State block grants updates.
Sec. 1204. Contract Tower Program updates.
Sec. 1205. Approval of certain applications for the contract tower
program.
Sec. 1206. Remote towers.
Sec. 1207. Midway Island airport.
Sec. 1208. Airport road funding.
Sec. 1209. Repeal of inherently low-emission airport vehicle pilot
program.
Sec. 1210. Modification of zero-emission airport vehicles and
infrastructure pilot program.
Sec. 1211. Repeal of airport ground support equipment emissions
retrofit pilot program.
Sec. 1212. Funding eligibility for airport energy efficiency
assessments.
Sec. 1213. Recycling plans; safety projects at unclassified airports.
Sec. 1214. Transfers of instrument landing systems.
Sec. 1215. Non-movement area surveillance pilot program.
Sec. 1216. Amendments to definitions.
Sec. 1217. Clarification of noise exposure map updates.
Sec. 1218. Provision of facilities.
Sec. 1219. Contract weather observers.
Sec. 1220. Federal share adjustment.
Sec. 1221. Miscellaneous technical amendments.
Sec. 1222. Mothers' rooms at airports.
Sec. 1223. Eligibility for airport development grants at airports that
enter into certain leases with components
of the Armed Forces.
Sec. 1224. Clarification of definition of aviation-related activity for
hangar use.
Sec. 1225. Use of airport improvement program funds for runway safety
repairs.
Sec. 1226. Definition of small business concern.
Subtitle C--Passenger Facility Charges
Sec. 1301. PFC streamlining.
Sec. 1302. Intermodal access projects.
Sec. 1303. Use of revenue at a previously associated airport.
Sec. 1304. Future aviation infrastructure and financing study.
TITLE II--SAFETY
Subtitle A--Unmanned Aircraft Systems Reform
Sec. 2001. Definitions.
PART I--Privacy and Transparency
Sec. 2101. Unmanned aircraft systems privacy policy.
Sec. 2102. Sense of Congress.
Sec. 2103. Federal Trade Commission authority.
Sec. 2104. National Telecommunications and Information Administration
multi-stakeholder process.
Sec. 2105. Identification standards.
Sec. 2106. Commercial and governmental operators.
Sec. 2107. Analysis of current remedies under Federal, State, and local
jurisdictions.
PART II--Unmanned Aircraft Systems
Sec. 2121. Definitions.
Sec. 2122. Utilization of unmanned aircraft system test sites.
Sec. 2123. Additional research, development, and testing.
Sec. 2124. Safety standards.
Sec. 2125. Unmanned aircraft systems in the Arctic.
Sec. 2126. Special authority for certain unmanned aircraft systems.
Sec. 2127. Additional rulemaking authority.
Sec. 2128. Governmental unmanned aircraft systems.
Sec. 2129. Special rules for model aircraft.
Sec. 2130. Unmanned aircraft systems aeronautical knowledge and safety.
Sec. 2131. Safety statements.
Sec. 2132. Treatment of unmanned aircraft operating underground.
Sec. 2133. Enforcement.
Sec. 2134. Aviation emergency safety public services disruption.
Sec. 2135. Pilot project for airport safety and airspace hazard
mitigation.
Sec. 2136. Contribution to financing of regulatory functions.
Sec. 2137. Sense of Congress regarding small UAS rulemaking.
Sec. 2138. Unmanned aircraft systems traffic management.
Sec. 2139. Emergency exemption process.
Sec. 2140. Public UAS operations by tribal governments.
Sec. 2141. Carriage of property by small unmanned aircraft systems for
compensation or hire.
Sec. 2142. Collegiate Training Initiative program for unmanned aircraft
systems.
Sec. 2143. Incorporation of Federal Aviation Administration occupations
relating to unmanned aircraft into veterans
employment programs of the Administration.
PART III--Transition and Savings Provisions
Sec. 2151. Senior advisor for unmanned aircraft systems integration.
Sec. 2152. Effect on other laws.
Sec. 2153. Spectrum.
Sec. 2154. Applications for designation.
Sec. 2155. Use of unmanned aircraft systems at institutions of higher
education.
Sec. 2156. Transition language.
PART IV--Operator Safety
Sec. 2161. Short title.
Sec. 2162. Findings; sense of Congress.
Sec. 2163. Unsafe operation of unmanned aircraft.
Subtitle B--FAA Safety Certification Reform
PART I--General Provisions
Sec. 2211. Definitions.
Sec. 2212. Safety oversight and certification advisory committee.
PART II--Aircraft Certification Reform
Sec. 2221. Aircraft certification performance objectives and metrics.
Sec. 2222. Organization designation authorizations.
Sec. 2223. ODA review.
Sec. 2224. Type certification resolution process.
Sec. 2225. Safety enhancing technologies for small general aviation
airplanes.
Sec. 2226. Streamlining certification of small general aviation
airplanes.
PART III--Flight Standards Reform
Sec. 2231. Flight standards performance objectives and metrics.
Sec. 2232. FAA task force on flight standards reform.
Sec. 2233. Centralized safety guidance database.
Sec. 2234. Regulatory Consistency Communications Board.
Sec. 2235. Flight standards service realignment feasibility report.
Sec. 2236. Additional certification resources.
PART IV--Safety Workforce
Sec. 2241. Safety workforce training strategy.
Sec. 2242. Workforce study.
PART V--International Aviation
Sec. 2251. Promotion of United States aerospace standards, products,
and services abroad.
Sec. 2252. Bilateral exchanges of safety oversight responsibilities.
Sec. 2253. FAA leadership abroad.
Sec. 2254. Registration, certification, and related fees.
Subtitle C--Airline Passenger Safety and Protections
Sec. 2301. Pilot records database deadline.
Sec. 2302. Access to air carrier flight decks.
Sec. 2303. Aircraft tracking and flight data.
Sec. 2304. Automation reliance improvements.
Sec. 2305. Enhanced mental health screening for pilots.
Sec. 2306. Flight attendant duty period limitations and rest
requirements.
Sec. 2307. Training to combat human trafficking for certain air carrier
employees.
Sec. 2308. Report on obsolete test equipment.
Sec. 2309. Plan for systems to provide direct warnings of potential
runway incursions.
Sec. 2310. Laser pointer incidents.
Sec. 2311. Helicopter air ambulance operations data and reports.
Sec. 2312. Part 135 accident and incident data.
Sec. 2313. Definition of human factors.
Sec. 2314. Sense of Congress; pilot in command authority.
Sec. 2315. Enhancing ASIAS.
Sec. 2316. Improving runway safety.
Sec. 2317. Safe air transportation of lithium cells and batteries.
Sec. 2318. Prohibition on implementation of policy change to permit
small, non-locking knives on aircraft.
Sec. 2319. Aircraft cabin evacuation procedures.
Sec. 2320. GAO study of universal deployment of advanced imaging
technologies.
Subtitle D--General Aviation Safety
Sec. 2401. Automated weather observing systems policy.
Sec. 2402. Tower marking.
Sec. 2403. Crash-resistant fuel systems.
Sec. 2404. Requirement to consult with stakeholders in defining scope
and requirements for Future Flight Service
Program.
Sec. 2405. Heads-up guidance system technologies.
Subtitle E--General Provisions
Sec. 2501. Designated agency safety and health officer.
Sec. 2502. Repair stations located outside United States.
Sec. 2503. FAA technical training.
Sec. 2504. Safety critical staffing.
Sec. 2505. Approach control radar in all air traffic control towers.
Sec. 2506. Airspace management advisory committee.
Subtitle F--Third Class Medical Reform and General Aviation Pilot
Protections
Sec. 2601. Short title.
Sec. 2602. Medical certification of certain small aircraft pilots.
Sec. 2603. Expansion of pilot's bill of rights.
Sec. 2604. Limitations on reexamination of certificate holders.
Sec. 2605. Expediting updates to NOTAM program.
Sec. 2606. Accessibility of certain flight data.
Sec. 2607. Authority for legal counsel to issue certain notices.
TITLE III--AIR SERVICE IMPROVEMENTS
Sec. 3001. Definitions.
Subtitle A--Passenger Air Service Improvements
Sec. 3101. Causes of airline delays or cancellations.
Sec. 3102. Involuntary changes to itineraries.
Sec. 3103. Additional consumer protections.
Sec. 3104. Addressing the needs of families of passengers involved in
aircraft accidents.
Sec. 3105. Emergency medical kits.
Sec. 3106. Travelers with disabilities.
Sec. 3107. Extension of Advisory Committee for Aviation Consumer
Protection.
Sec. 3108. Extension of competitive access reports.
Sec. 3109. Refunds for delayed baggage.
Sec. 3110. Refunds for other fees that are not honored by a covered air
carrier.
Sec. 3111. Disclosure of fees to consumers.
Sec. 3112. Seat assignments.
Sec. 3113. Lasting improvements to family travel.
Sec. 3114. Consumer complaint process improvement.
Sec. 3115. Online access to aviation consumer protection information.
Sec. 3116. Study on in cabin wheelchair restraint systems.
Sec. 3117. Training policies regarding assistance for persons with
disabilities.
Sec. 3118. Advisory committee on the air travel needs of passengers
with disabilities.
Sec. 3119. Report on covered air carrier change, cancellation, and
baggage fees.
Sec. 3120. Enforcement of aviation consumer protection rules.
Sec. 3121. Dimensions for passenger seats.
Sec. 3122. Cell phone voice communications.
Sec. 3123. Availability of slots for new entrant air carriers at Newark
Liberty International Airport.
Subtitle B--Essential Air Service
Sec. 3201. Essential air service.
Sec. 3202. Small community air service development program.
Sec. 3203. Small community program amendments.
Sec. 3204. Waivers.
Sec. 3205. Working group on improving air service to small communities.
TITLE IV--NEXTGEN AND FAA ORGANIZATION
Sec. 4001. Definitions.
Subtitle A--Next Generation Air Transportation System
Sec. 4101. Return on investment assessment.
Sec. 4102. Ensuring FAA readiness to use new technology.
Sec. 4103. NextGen annual performance goals.
Sec. 4104. Facility outage contingency plans.
Sec. 4105. ADS-B mandate assessment.
Sec. 4106. Nextgen interoperability.
Sec. 4107. NextGen transition management.
Sec. 4108. Implementation of NextGen operational improvements.
Sec. 4109. Cybersecurity.
Sec. 4110. Securing aircraft avionics systems.
Sec. 4111. Defining NextGen.
Sec. 4112. Human factors.
Sec. 4113. Major acquisition reports.
Sec. 4114. Equipage mandates.
Sec. 4115. Workforce.
Sec. 4116. Architectural leadership.
Sec. 4117. Programmatic risk management.
Sec. 4118. NextGen prioritization.
Subtitle B--Administration Organization and Employees
Sec. 4201. Cost-saving initiatives.
Sec. 4202. Treatment of essential employees during furloughs.
Sec. 4203. Controller candidate interviews.
Sec. 4204. Hiring of air traffic controllers.
Sec. 4205. Computation of basic annuity for certain air traffic
controllers.
Sec. 4206. Air traffic services at aviation events.
Sec. 4207. Full annuity supplement for certain air traffic controllers.
Sec. 4208. Inclusion of disabled veteran leave in Federal Aviation
Administration personnel management system.
TITLE V--MISCELLANEOUS
Sec. 5001. National Transportation Safety Board investigative officers.
Sec. 5002. Performance-Based Navigation.
Sec. 5003. Overflights of national parks.
Sec. 5004. Navigable airspace analysis for commercial space launch site
runways.
Sec. 5005. Survey and report on spaceport development.
Sec. 5006. Aviation fuel.
Sec. 5007. Comprehensive Aviation Preparedness Plan.
Sec. 5008. Advanced Materials Center of Excellence.
Sec. 5009. Interference with airline employees.
Sec. 5010. Secondary cockpit barriers.
Sec. 5011. GAO evaluation and audit.
Sec. 5012. Federal Aviation Administration performance measures and
targets.
Sec. 5013. Staffing of certain air traffic control towers.
Sec. 5014. Critical airfield markings.
Sec. 5015. Research and deployment of certain airfield pavement
technologies.
Sec. 5016. Report on general aviation flight sharing.
Sec. 5017. Increase in duration of general aviation aircraft
registration.
Sec. 5018. Modification of limitation of liability relating to
aircraft.
Sec. 5019. Government Accountability Office study of illegal drugs
seized at international airports in the
United States.
Sec. 5020. Sense of Congress on preventing the transportation of
disease-carrying mosquitoes and other
insects on commercial aircraft.
Sec. 5021. Work plan for the New York/New Jersey/Philadelphia metroplex
program.
Sec. 5022. Report on plans for air traffic control facilities in the
New York City and Newark region.
Sec. 5023. GAO study of international airline alliances.
Sec. 5024. Treatment of multi-year lessees of large and turbine-powered
multiengine aircraft.
Sec. 5025. Evaluation of emerging technologies.
Sec. 5026. Student outreach report.
Sec. 5027. Right to privacy when using air traffic control system.
Sec. 5028. Conduct of security screening by the Transportation Security
Administration at certain airports.
Sec. 5029. Aviation cybersecurity.
Sec. 5030. Prohibitions against smoking on passenger flights.
Sec. 5031. National multimodal freight advisory committee.
Sec. 5032. Technical and conforming amendments.
Sec. 5033. Visible Deterrent.
Sec. 5034. Law enforcement training for mass casualty and active
shooter incidents.
Sec. 5035. Assistance to airports and surface transportation systems.
Sec. 5036. Authorization of certain flights by Stage 2 airplanes.
TITLE VI--TRANSPORTATION SECURITY AND TERRORISM PREVENTION
Subtitle A--Airport Security Enhancement and Oversight Act
Sec. 6101. Short title.
Sec. 6102. Findings.
Sec. 6103. Definitions.
Sec. 6104. Threat assessment.
Sec. 6105. Oversight.
Sec. 6106. Credentials.
Sec. 6107. Vetting.
Sec. 6108. Metrics.
Sec. 6109. Inspections and assessments.
Sec. 6110. Covert testing.
Sec. 6111. Security directives.
Sec. 6112. Implementation report.
Sec. 6113. Miscellaneous amendments.
Subtitle B--TSA PreCheck Expansion Act
Sec. 6201. Short title.
Sec. 6202. Definitions.
Sec. 6203. PreCheck Program authorization.
Sec. 6204. PreCheck Program enrollment expansion.
Subtitle C--Securing Aviation From Foreign Entry Points and Guarding
Airports Through Enhanced Security Act of 2016
Sec. 6301. Short title.
Sec. 6302. Last point of departure airport security assessment.
Sec. 6303. Security coordination enhancement plan.
Sec. 6304. Workforce assessment.
Sec. 6305. Donation of screening equipment to protect the United
States.
Sec. 6306. National cargo security program.
Subtitle D--Miscellaneous
Sec. 6401. International training and capacity development.
Sec. 6402. Checkpoints of the future.
TITLE VII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
Sec. 7101. Expenditure authority from Airport and Airway Trust Fund.
Sec. 7102. Extension of taxes funding Airport and Airway Trust Fund.
SEC. 2. REFERENCES TO TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.
SEC. 3. DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.
In this Act, unless expressly provided otherwise, 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.
SEC. 4. EFFECTIVE DATE.
Except as otherwise expressly provided, this Act and the amendments
made by this Act shall take effect on the date of enactment of this
Act.
TITLE I--AUTHORIZATIONS
Subtitle A--Funding of FAA Programs
SEC. 1001. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103(a) is amended by striking
``section 47505(a)(2), and carrying out noise compatibility programs
under section 47504(c) $3,350,000,000 for each of fiscal years 2012
through 2015 and $2,652,083,333 for the period beginning on October 1,
2015, and ending on July 15, 2016'' and inserting ``section
47505(a)(2), carrying out noise compatibility programs under section
47504(c), for an airport cooperative research program under section
44511, for Airports Technology-Safety research, and Airports
Technology-Efficiency research, $3,350,000,000 for fiscal year 2016 and
$3,750,000,000 for fiscal year 2017''.
(b) Obligational Authority.--Section 47104(c) is amended in the
matter preceding paragraph (1) by striking ``July 15, 2016'' and
inserting ``September 30, 2017''.
SEC. 1002. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) is amended by striking paragraphs (1) through (5)
and inserting the following:
``(1) $2,855,241,025 for fiscal year 2016.
``(2) $2,862,020,524 for fiscal year 2017.''.
SEC. 1003. FAA OPERATIONS.
(a) In General.--Section 106(k)(1) is amended by striking
subparagraphs (A) through (E) and inserting the following:
``(A) $9,910,009,314 for fiscal year 2016; and
``(B) $10,025,361,111 for fiscal year 2017.''.
(b) Authorized Expenditures.--Section 106(k)(2) is amended by
striking ``for fiscal years 2012 through 2015'' each place it appears
and inserting ``for fiscal years 2016 through 2017''.
(c) Authority To Transfer Funds.--Section 106(k)(3) is amended by
striking ``2012 through 2015 and for the period beginning on October 1,
2015, and ending on July 15, 2016'' and inserting ``2016 through
2017''.
SEC. 1004. FAA RESEARCH AND DEVELOPMENT.
Section 48102 is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``44511-44513'' and
inserting ``44512-44513''; and
(ii) by striking ``and, for each of fiscal
years 2012 through 2015, under subsection
(g)'';
(B) in paragraph (8), by striking ``; and'' and
inserting a semicolon; and
(C) by striking paragraph (9) and inserting the
following:
``(9) $166,000,000 for fiscal year 2016; and
``(10) $169,000,000 for fiscal year 2017.''; and
(2) in subsection (b), by striking paragraph (3).
SEC. 1005. FUNDING FOR AVIATION PROGRAMS.
(a) Airport and Airway Trust Fund Guarantee.--Section
48114(a)(1)(A) is amended to read as follows:
``(A) In general.--The total budget resources made
available from the Airport and Airway Trust Fund each
fiscal year under sections 48101, 48102, 48103, and
106(k)--
``(i) shall in each of fiscal years 2016
through 2017, be equal to the sum of--
``(I) 90 percent of the estimated
level of receipts plus interest
credited to the Airport and Airway
Trust Fund for that fiscal year; and
``(II) the actual level of receipts
plus interest credited to the Airport
and Airway Trust Fund for the second
preceding fiscal year minus the total
amount made available for obligation
from the Airport and Airway Trust Fund
for the second preceding fiscal year;
and
``(ii) may be used only for the aviation
investment programs listed in subsection
(b)(1).''.
(b) Enforcement of Guarantees.--Section 48114(c)(2) is amended by
striking ``2016'' and inserting ``2017''.
SEC. 1006. EXTENSION OF EXPIRING AUTHORITIES.
(a) Marshall Islands, Micronesia, and Palau.--Section 47115(j) is
amended by striking ``2015 and for the period beginning on October 1,
2015, and ending on July 15, 2016,'' and inserting ``2017''.
(b) Extension of Compatible Land Use Planning and Projects by State
and Local Governments.--Section 47141(f) is amended by striking ``July
15, 2016'' and inserting ``September 30, 2017''.
(c) Inspector General Report on Participation in FAA Programs by
Disadvantaged Small Business Concerns.--
(1) In general.--For each of fiscal years 2016 through
2017, the Inspector General of the Department of Transportation
shall submit to Congress a report on the number of new small
business concerns owned and controlled by socially and
economically disadvantaged individuals, including those owned
by veterans, that participated in the programs and activities
funded using the amounts made available under this Act.
(2) New small business concerns.--For purposes of paragraph
(1), a new small business concern is a small business concern
that did not participate in the programs and activities
described in paragraph (1) in a previous fiscal year.
(3) Contents.--The report shall include--
(A) a list of the top 25 and bottom 25 large and
medium hub airports in terms of providing opportunities
for small business concerns owned and controlled by
socially and economically disadvantaged individuals to
participate in the programs and activities funded using
the amounts made available under this Act;
(B) the results of an assessment, to be conducted
by the Inspector General, on the reasons why the top
airports have been successful in providing such
opportunities; and
(C) recommendations to the Administrator of the
Federal Aviation Administration and Congress on methods
for other airports to achieve results similar to those
of the top airports.
(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 ``July 15, 2016''
and inserting ``September 30, 2017''.
Subtitle B--Airport Improvement Program Modifications
SEC. 1201. SMALL AIRPORT REGULATION RELIEF.
Section 47114(c)(1)(F) is amended to read as follows:
``(F) Special rule for fiscal years 2016 through
2017.--Notwithstanding subparagraph (A), the Secretary
shall apportion to a sponsor of an airport under that
subparagraph for each of fiscal years 2016 through 2017
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
2016 or 2017 under subparagraph (A); and
``(iii) had scheduled air service in the
calendar year used to calculate the
apportionment.''.
SEC. 1202. 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) Report.--The Administrator shall update the appropriate
committees of Congress annually on the effectiveness of the review and
prioritization.
SEC. 1203. STATE BLOCK GRANTS UPDATES.
Section 47128(a) is amended by striking ``9 qualified States for
fiscal years 2000 and 2001 and 10 qualified States for each fiscal year
thereafter'' and inserting ``15 qualified States for fiscal year 2016
and each fiscal year thereafter''.
SEC. 1204. CONTRACT TOWER PROGRAM UPDATES.
(a) Special Rule.--Section 47124(b)(1)(B) is amended by striking
``after such determination is made'' and inserting ``after the end of
the period described in subsection (d)(6)(C)''.
(b) Contract Air Traffic Control Tower Cost-Share Program;
Funding.--Section 47124(b)(3)(E) is amended to read as follows:
``(E) Funding.--Of the amounts appropriated under
section 106(k)(1), such sums as may be necessary may be
used to carry out this paragraph.''.
(c) Cap on Federal Share of Cost of Construction.--Section
47124(b)(4)(C) is amended by striking ``$2,000,000'' and inserting
``$4,000,000''.
(d) Cost Benefit Ratio Revision.--Section 47124 is amended by
adding at the end the following:
``(d) Cost Benefit Ratios.--
``(1) Contract air traffic control tower program at cost-
share airports.--Beginning on the date of enactment of the
Federal Aviation Administration Reauthorization Act of 2016, if
an air traffic control tower is operating under the Cost-share
Program, the Secretary shall annually calculate a new benefit-
to-cost ratio for the tower.
``(2) Contract tower program at non-cost-share airports.--
Beginning on the date of enactment of the Federal Aviation
Administration Reauthorization Act of 2016, if a tower is
operating under the Contract Tower Program and continued under
subsection (b)(1), the Secretary shall not calculate a new
benefit-to-cost ratio for the tower unless the annual aircraft
traffic at the airport where the tower is located decreases by
more than 25 percent from the previous year or by more than 60
percent over a 3-year period.
``(3) Considerations.--In establishing a benefit-to-cost
ratio under paragraph (1) or paragraph (2), the Secretary may
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 of the tower.
``(C) Relocation and replacement costs of equipment
of the Federal Aviation Administration associated with
the tower, if paid for by the Federal Aviation
Administration.
``(D) Logistics, such as direct costs associated
with establishing or updating the tower's interface
with other systems and equipment of the Federal
Aviation Administration, if paid for by the Federal
Aviation Administration.
``(4) Exclusions.--In establishing a benefit-to-cost ratio
under paragraph (1) or paragraph (2), the Secretary may not
consider the following costs:
``(A) Airway facilities costs, including labor and
other costs associated with maintaining and repairing
the systems and equipment of the Federal Aviation
Administration.
``(B) Costs for depreciating the building and
equipment owned by the Federal Aviation Administration.
``(C) Indirect overhead costs of the Federal
Aviation Administration.
``(D) Costs for utilities, janitorial, and other
services paid for or provided by the airport or the
State or political subdivision of a State having
jurisdiction over the airport where the tower is
located.
``(E) The cost of new or replacement equipment, or
construction of a new or replacement tower, if the
costs incurred were incurred by the airport or the
State or political subdivision of a State having
jurisdiction over the airport where the tower is or
will be located.
``(F) Other expenses of the Federal Aviation
Administration not directly associated with the actual
operation of the tower.
``(5) Margin of error.--The Secretary shall add a 5 percent
margin of error to a benefit-to-cost ratio determination to
acknowledge and account for any direct or indirect factors that
are not included in the criteria the Secretary used in
calculating the benefit-to-cost ratio.
``(6) Procedures.--The Secretary shall establish
procedures--
``(A) to allow an airport or the State or political
subdivision of a State having jurisdiction over the
airport where the tower is located not less than 90
days following the receipt of an initial benefit-to-
cost ratio determination from the Secretary--
``(i) to request the Secretary reconsider
that determination; and
``(ii) to submit updated or additional data
to the Secretary in support of the
reconsideration;
``(B) to allow the Secretary not more than 90 days
to review the data submitted under subparagraph (A)(ii)
and respond to the request under subparagraph (A)(i);
``(C) to allow the airport, State, or political
subdivision of a State, as applicable, 30 days
following the date of the response under subparagraph
(B) to review the response before any action is taken
based on a benefit-to-cost determination; and
``(D) to provide, after the end of the period
described in subparagraph (C), an 18-month grace period
before cost-share payments are due from the airport,
State, or political subdivision of a State if as a
result of the benefit-to-cost ratio determination the
airport, State, or political subdivision, as
applicable, is required to transition to the Cost-share
Program.
``(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).''.
(e) Conforming Amendments.--Section 47124(b) 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'';
(E) in subparagraph (D), by striking ``under the
program'' and inserting ``under the Cost-share
Program''; and
(F) in subparagraph (F), by striking ``the program
continued under paragraph (1)'' and inserting ``the
Contract Tower Program''; and
(3) in paragraph (4)(B)(i)(I), 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''.
(f) Exemption.--Section 47124(b)(3)(D) is amended by adding at the
end the following: ``Airports with both Part 121 air service and more
than 25,000 passenger enplanements in calendar year 2014 shall be
exempt from any cost share requirement under the Cost-share Program.''.
(g) Savings Provision.--Notwithstanding the amendments made by this
section, the towers for which assistance is being provided under
section 41724 of title 49, United States Code, on the day before the
date of enactment of this Act may continue to be provided such
assistance under the terms of that section as in effect on that day.
SEC. 1205. APPROVAL OF CERTAIN APPLICATIONS FOR THE CONTRACT TOWER
PROGRAM.
(a) 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 air traffic control tower with an application for
participation in the Contract Tower Program pending as of January 1,
2016, 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,
Establishment and Discontinuance Criteria for Airport Traffic Control
Towers, dated August 1990 (FAA-APO-90-7).
(b) Requests for Additional Authority.--The Administrator shall
respond not later than 30 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.
(c) 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.
SEC. 1206. REMOTE TOWERS.
(a) Pilot Program.--
(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish--
(A) in consultation with airport operators and
general aviation users, a pilot program at public-use
airports to construct and operate remote towers; and
(B) a selection process for participation in the
pilot program.
(2) Safety considerations.--In establishing the pilot
program, the Administrator shall consult with operators of
remote towers in foreign countries to design the pilot program
in a manner that leverages as many safety and airspace
efficiency benefits as possible.
(3) Requirements.--In selecting the airports for
participation in the pilot program, the Administrator shall--
(A) to the extent practicable, ensure that at least
2 different vendors of remote tower systems
participate;
(B) include at least 1 airport currently in the
Contract Tower Program and at least 1 airport that does
not have an air traffic control tower; and
(C) clearly identify the research questions that
will be addressed at each airport.
(4) Research.--In selecting an airport for participation in
the pilot program, the Administrator shall consider--
(A) how inclusion of that airport will add research
value to assist the Administrator in evaluating the
feasibility, safety, and cost-benefits of remote
towers;
(B) the amount and variety of air traffic at an
airport; and
(C) the costs and benefits of including that
airport.
(5) 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, and cost-benefits of remote
towers.
(6) 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 and
for airports without any air traffic control tower, or
to improve safety at airports with towers.
(7) 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.
(8) 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.
(B) Remote tower.--The term ``remote tower'' means
a system whereby air traffic services are provided to
operators at an airport from a location that may not be
on or near the airport.
(b) AIP Funding Eligibility.--For purposes of the pilot program
under subsection (a), and after certificated systems are available,
constructing a remote tower or acquiring and installing air traffic
control, communications, or related equipment 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 components are installed and used at the airport, except
for off-airport sensors installed on leased towers, as needed.
SEC. 1207. 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 ``and for the period beginning on October 1, 2015, and ending
on July 15, 2016,'' and inserting ``and for fiscal years 2016 through
2017''.
SEC. 1208. AIRPORT ROAD FUNDING.
(a) Airport Development Grant Assurances.--Section 47107(b) is
amended by adding at the end the following:
``(4) This subsection does not prevent the use of airport
revenue for the maintenance and improvement of the on-airport
portion of a surface transportation facility providing access
to an airport and non-airport locations if the surface
transportation facility is owned or operated by the airport
owner or operator and the use of airport revenue is prorated to
airport use and limited to portions of the facility located on
the airport. The Secretary shall determine the maximum
percentage contribution of airport revenue toward surface
transportation facility maintenance or improvement, taking into
consideration the current and projected use of the surface
transportation facility located on the airport for airport and
non-airport purposes. The de minimus use, as determined by the
Secretary, of a surface transportation facility for non-airport
purposes shall not require prorating.''.
(b) Restrictions on the Use of Airport Revenue.--Section 47133(c)
is amended--
(1) by inserting ``(1)'' before ``Nothing'' and indenting
appropriately; and
(2) by adding at the end the following:
``(2) Nothing in this section may be construed to prevent
the use of airport revenue for the prorated maintenance and
improvement costs of the on-airport portion of the surface
transportation facility, subject to the provisions of section
47107(b)(4).''.
SEC. 1209. REPEAL OF INHERENTLY LOW-EMISSION AIRPORT VEHICLE PILOT
PROGRAM.
(a) Repeal.--Section 47136 is repealed.
(b) Technical and Conforming Amendments.--The table of contents for
chapter 471 is amended by striking the item relating to section 47136
and inserting the following:
``47136. [Reserved].''.
SEC. 1210. MODIFICATION OF ZERO-EMISSION AIRPORT VEHICLES AND
INFRASTRUCTURE PILOT PROGRAM.
Section 47136a is amended--
(1) in subsection (a), by striking ``, including'' and
inserting ``used exclusively for transporting passengers on-
airport or for employee shuttle buses within the airport,
including''; and
(2) in subsection (f), by inserting ``, as in effect on the
day before the date of enactment of the Federal Aviation
Administration Reauthorization Act of 2016,'' after ``section
47136''.
SEC. 1211. REPEAL OF AIRPORT GROUND SUPPORT EQUIPMENT EMISSIONS
RETROFIT PILOT PROGRAM.
(a) Repeal.--Section 47140 is repealed.
(b) Technical and Conforming Amendments.--The table of contents for
chapter 471 is amended by striking the item relating to section 47140
and inserting the following:
``47140. [Reserved].''.
SEC. 1212. FUNDING ELIGIBILITY FOR AIRPORT ENERGY EFFICIENCY
ASSESSMENTS.
(a) Cost Reimbursements.--Section 47140a(a) 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 47140a(b)(2) is amended by inserting
``, including a certification that no safety projects would be deferred
by prioritizing a grant under this section,'' after ``an application''.
SEC. 1213. RECYCLING PLANS; SAFETY PROJECTS AT UNCLASSIFIED AIRPORTS.
Section 47106(a) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6)--
(A) in the matter preceding subparagraph (A), by
striking ``for an airport that has an airport master
plan, the master plan addresses'' and inserting ``a
master plan project, it will address''; and
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(7) if the project is at an unclassified airport, the
project will be funded with an amount apportioned under
subsection 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) a project that the Secretary considers
necessary for the safe operation of the airport.''.
SEC. 1214. TRANSFERS OF INSTRUMENT LANDING SYSTEMS.
Section 44502(e) is amended by striking the first sentence and
inserting ``An airport may transfer, without consideration, to the
Administrator of the Federal Aviation Administration an instrument
landing system consisting of a glide slope and localizer that conforms
to performance specifications of the Administrator if an airport
improvement project grant was used to assist in purchasing the system,
and if the Federal Aviation Administration has determined that a
satellite navigation system cannot provide a suitable approach.''.
SEC. 1215. NON-MOVEMENT AREA SURVEILLANCE PILOT PROGRAM.
(a) In General.--Subchapter I of chapter 471 is amended by adding
at the end the following:
``Sec. 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 acquisition and
installation of qualifying non-movement area surveillance
surface display systems and sensors improve safety or capacity
in the National Airspace System; and
``(2) the non-movement area surveillance surface display
systems and sensors are supplemental to 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 Administrator may
distribute not more than $2,000,000 per sponsor from the
discretionary fund. The airports selected to participate in the
pilot program shall have existing Federal Aviation
Administration movement area systems and airlines that are
participants in Federal Aviation Administration's Airport
Collaborative Decision Making process.
``(2) Procedures.--In accordance with the authority under
section 106, the Administrator may establish procurement
procedures applicable to grants issued under this subsection.
The procedures may permit the sponsor to carry out the project
with vendors that have been accepted in the procurement
procedure or using Federal Aviation Administration contracts.
The procedures may provide for the direct reimbursement
(including administrative costs) of the Administrator by the
sponsor using grant funds under this subsection, for the
ordering of system-related equipment and its installation, or
for the direct ordering of system-related equipment and its
installation by the sponsor, using such grant funds, from the
suppliers with which the Administrator has contracted.
``(3) Data exchange processes.--The Administrator may
establish data exchange processes to allow airport
participation in the Federal Aviation Administration's Airport
Collaborative Decision Making process and fusion of the non-
movement surveillance data with the Administration's movement
area systems.
``(c) Definitions.--In this section:
``(1) Non-movement area.--The term `non-movement area' is
the portion of the airfield surface that is not under the
control of air traffic control.
``(2) Non-movement area surveillance surface display system
and sensors.--The term `non-movement area surveillance surface
display system and sensors' is 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' is 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 is amended by inserting after the item relating to section
47142 the following:
``47143. Non-movement area surveillance surface display systems pilot
program.''.
SEC. 1216. AMENDMENTS TO DEFINITIONS.
Section 47102 is amended--
(1) by redesignating paragraphs (10) through (28) as
paragraphs (12) through (30), respectively;
(2) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(3) in paragraph (3)--
(A) in subparagraph (B)--
(i) by redesignating clauses (iii) through
(x) as clauses (iv) through (xi), respectively;
and
(ii) by striking clause (ii) and inserting
the following:
``(II) security equipment owned and
operated by the airport, including
explosive detection devices, universal
access control systems, perimeter
fencing, and emergency call boxes,
which the Secretary may require by
regulation for, or approve as
contributing significantly to, the
security of individuals and property at
the airport;
``(III) safety apparatus owned and
operated by the airport, which the
Secretary may require by regulation
for, or approve as contributing
significantly to, the safety of
individuals and property at the
airport, and integrated in-pavement
lighting systems for runways and
taxiways and other runway and taxiway
incursion prevention devices;'';
(B) in subparagraph (K), by striking ``such project
will result in an airport receiving appropriate'' and
inserting ``the airport would be able to receive''; and
(C) in subparagraph (L)--
(i) by striking ``or conversion of vehicles
and'' and inserting ``of vehicles used
exclusively for transporting passengers on-
airport, employee shuttle buses within the
airport, or'';
(ii) by striking ``airport, to'' and
inserting ``airport and equipped with''; and
(iii) 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'';
(4) in paragraph (5), by striking ``regulations'' and
inserting ``requirements'';
(5) by inserting after paragraph (6) the following:
``(7) `categorized airport' means a nonprimary airport that
has an identified role in the National Plan of Integrated
Airport Systems.'';
(6) in paragraph (9), as redesignated, by striking
``public'' and inserting ``public-use'';
(7) by inserting after paragraph (10), as redesignated, the
following:
``(11) `joint use airport' means an airport owned by the
Department of Defense, at which both military and civilian
aircraft make shared use of the airfield.'';
(8) in paragraph (24), as redesignated, by amending
subparagraph (B)(i) to read as follows:
``(i) determined by the Secretary to have
at least--
``(I) 100 based aircraft that are
currently registered with the Federal
Aviation Administration under chapter
445 of this title; and
``(II) 1 based jet aircraft that is
currently registered with the Federal
Aviation Administration where, for the
purposes of this clause, `based' means
the aircraft or jet aircraft overnights
at the airport for the greater part of
the year; or''; and
(9) by adding at the end the following:
``(31) `unclassified airport' means a nonprimary airport
that is included in the National Plan of Integrated Airport
Systems that is not categorized by the Administrator of the
Federal Aviation Administration in the most current report
entitled General Aviation Airports: A National Asset.''.
SEC. 1217. CLARIFICATION OF NOISE EXPOSURE MAP UPDATES.
Section 47503(b) is amended--
(1) by striking ``a change in the operation of the airport
would establish'' and inserting ``there is a change in the
operation of the airport that would establish''; and
(2) by inserting after ``reduction'' the following: ``if
the change has occurred during the longer of--
``(1) the noise exposure map period forecast by the airport
operator under subsection (a); or
``(2) the implementation timeframe of the operator's noise
compatibility program''.
SEC. 1218. PROVISION OF FACILITIES.
Section 44502 is amended 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
subparagraph (A) or subparagraph (B) of paragraph (1)
at below-market rates; or
``(B) any grant assurance that requires an airport
owner or sponsor to provide land to the Administration
without cost for an air traffic control facility.''.
SEC. 1219. CONTRACT WEATHER OBSERVERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall submit to the appropriate committees of Congress a report--
(1) which includes public and stakeholder input, and
examines all safety risks, hazard effects, efficiency and
operational effects on airports, airlines, and other
stakeholders that could result from loss of contract weather
observer service at the 57 airports targeted for the loss of
this service;
(2) detailing how the Federal Aviation Administration will
accurately report rapidly changing severe weather conditions at
these airports, including thunderstorms, lightning, fog,
visibility, smoke, dust, haze, cloud layers and ceilings, ice
pellets, and freezing rain or drizzle without contract weather
observers;
(3) indicating how airports can comply with applicable
Federal Aviation Administration orders governing weather
observations given the current documented limitations of
automated surface observing systems; and
(4) identifying the process through which the Federal
Aviation Administration analyzed the safety hazards associated
with the elimination of the contract weather observer program.
(b) Continued Use of Contract Weather Observers.--The Administrator
may not discontinue the contract weather observer program at any
airport until October 1, 2017.
(c) Report on Golden Triangle Initiative of NOAA.--
(1) Report required.--Not later than 1 year after the date
of enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration and the Administrator of
the Federal Aviation Administration shall jointly submit to the
appropriate committees of Congress a report on the Golden
Triangle Initiative of the National Oceanic and Atmospheric
Administration.
(2) Elements.--The report shall include the following:
(A) An assessment of the impacts of enhanced
aviation forecast services provided as part of the
Golden Triangle Initiative on weather-related air
traffic delays.
(B) A description of the costs of providing such
enhanced aviation forecast services.
(C) A description of potential alternative
mechanisms to provide enhanced aviation forecast
services comparable to such enhanced aviation forecast
services for airports in rural or low population
density areas.
SEC. 1220. FEDERAL SHARE ADJUSTMENT.
Section 47109(a)(5) is amended to read as follows:
``(5) 95 percent for a project at an airport for which the
United States Government's share would otherwise be capped at
90 percent under paragraph (2) or paragraph (3) if the
Administrator determines that the project is a successive phase
of a multi-phased construction project for which the sponsor
received a grant in fiscal year 2011 or earlier.''.
SEC. 1221. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Airport Security Program.--Section 47137 is amended--
(1) in subsection (a), by striking ``Transportation'' and
inserting ``Homeland Security'';
(2) in subsection (e), by striking ``Homeland Security''
and inserting ``Transportation''; and
(3) in subsection (g), by inserting ``of Transportation''
after ``Secretary'' the first place it appears.
(b) Section 516 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 before the period at the end the
following: ``, or section 47125 of title 49, United States
Code''.
SEC. 1222. MOTHERS' ROOMS AT AIRPORTS.
(a) Lactation Area Defined.--Section 47102, as amended by section
1216 of this Act, is further amended--
(1) by redesignating paragraphs (12) through (31) as
paragraphs (13) through (32), respectively; and
(2) by inserting after paragraph (11) the following:
``(12) `lactation area' means a room or other location in a
commercial service airport that--
``(A) provides a location for members of the public
to express breast milk that is shielded from view and
free from intrusion from the public;
``(B) has a door that can be locked;
``(C) includes a place to sit, a table or other
flat surface, and an electrical outlet;
``(D) is readily accessible to and usable by
individuals with disabilities, including individuals
who use wheelchairs; and
``(E) is not located in a restroom.''.
(b) Project Grants Written Assurances for Large and Medium Hub
Airports.--
(1) In general.--Section 47107(a) is amended--
(A) in paragraph (20), by striking ``and'' at the
end;
(B) in paragraph (21), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(22) with respect to a medium or large hub airport, the
airport owner or operator will maintain a lactation area in
each passenger terminal building of the airport in the sterile
area (as defined in section 1540.5 of title 49, Code of Federal
Regulations) of the building.''.
(2) Applicability.--
(A) In general.--The amendment made by paragraph
(1) shall apply to a project grant application
submitted for a fiscal year beginning on or after the
date that is 2 years after the date of enactment of
this Act.
(B) Special rule.--The requirement in the
amendments made by paragraph (1) that a lactation area
be located in the sterile area of a passenger terminal
building shall not apply with respect to a project
grant application for a period of time, determined by
the Secretary of Transportation, if the Secretary
determines that construction or maintenance activities
make it impracticable or unsafe for the lactation area
to be located in the sterile area of the building.
(c) Terminal Development Costs.--Section 47119(a) is amended by
adding at the end the following:
``(3) Lactation areas.--In addition to the projects
described in paragraph (1), the Secretary may approve a project
for terminal development for the construction or installation
of a lactation area at a commercial service airport.''.
(d) Pre-existing Facilities.--On application by an airport sponsor,
the Secretary of Transportation may determine that a lactation area in
existence on the date of enactment of this Act complies with the
requirement of paragraph (22) of section 47107(a) of title 49, United
States Code, as added by subsection (b), notwithstanding the absence of
one of the facilities or characteristics referred to in the definition
of the term ``lactation area'' in paragraph (12) of section 47102 of
such title, as added by subsection (a).
SEC. 1223. ELIGIBILITY FOR AIRPORT DEVELOPMENT GRANTS AT AIRPORTS THAT
ENTER INTO CERTAIN LEASES WITH COMPONENTS OF THE ARMED
FORCES.
Section 47107, as amended by section 1208 of this Act, is further
amended by adding at the end the following:
``(t) Airports That Enter Into Certain Leases With the Armed
Forces.--The Secretary of Transportation may not disapprove a project
grant application under this subchapter for an airport development
project at an airport solely because the airport renews a lease for the
use, at a nominal rate, of airport property by a regular or reserve
component of the Armed Forces, including the National Guard, without
regard to whether that component operates aircraft at the airport.''.
SEC. 1224. CLARIFICATION OF DEFINITION OF AVIATION-RELATED ACTIVITY FOR
HANGAR USE.
Section 47107, as amended by section 1223 of this Act, is further
amended 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, repair, or
restoration by a private individual at a general
aviation airport.''.
SEC. 1225. USE OF AIRPORT IMPROVEMENT PROGRAM FUNDS FOR RUNWAY SAFETY
REPAIRS.
(a) In General.--Subchapter I of chapter 471, as amended by this
subtitle, is further amended by adding at the end the following:
``Sec. 47144. Use of funds for repairs for runway safety repairs
``(a) In General.--The Secretary of Transportation may make project
grants under this subchapter to an airport described in subsection (b)
from funds under section 47114 apportioned to that airport or funds
available for discretionary grants to that airport under section 47115
to conduct airport development to repair the runway safety area of the
airport damaged as a result of a natural disaster in order to maintain
compliance with the regulations of the Federal Aviation Administration
relating to runway safety areas, without regard to whether construction
of the runway safety area damaged was carried out using amounts the
airport received under this subchapter.
``(b) Airports Described.--An airport is described in this
subsection if--
``(1) the airport is a public-use airport;
``(2) the airport is listed in the National Plan of
Integrated Airport Systems of the Federal Aviation
Administration;
``(3) the runway safety area of the airport was damaged as
a result of a natural disaster;
``(4) the airport was denied funding under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) with respect to the disaster;
``(5) the operator of the airport has exhausted all legal
remedies, including legal action against any parties (or
insurers thereof) whose action or inaction may have contributed
to the need for the repair of the runway safety area;
``(6) there is still a demonstrated need for the runway
safety area to accommodate current or imminent aeronautical
demand; and
``(7) the cost of repairing or replacing the runway safety
area is reasonable in relation to the anticipated operational
benefit of repairing the runway safety area, as determined by
the Administrator of the Federal Aviation Administration.''.
(b) Conforming Amendment.--The table of contents for chapter 471,
as amended by this subtitle, is further amended by inserting after the
item relating to section 47143 the following:
``47144. Use of funds for repairs for runway safety repairs.''.
SEC. 1226. DEFINITION OF SMALL BUSINESS CONCERN.
Section 47113(a)(1) is amended to read as follows:
``(1) `small business concern'--
``(A) except as provided in subparagraph (B), has
the same meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632); and
``(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;''.
Subtitle C--Passenger Facility Charges
SEC. 1301. PFC STREAMLINING.
(a) Passenger Facility Charges; General Authority.--Section
40117(b)(4) 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) is amended--
(1) in the heading by striking ``Nonhub'' and inserting
``Certain''; and
(2) in paragraph (1), by striking ``nonhub'' and inserting
``nonhub, small hub, medium hub, and large hub''.
SEC. 1302. INTERMODAL ACCESS PROJECTS.
Section 40117 is amended by adding at the end the following:
``(n) PFC Eligibility for Intermodal Ground Access Projects.--
``(1) In general.--The Secretary may authorize a passenger
facility charge imposed under subsection (b)(1) to be used to
finance the eligible capital costs of an intermodal ground
access project.
``(2) Definition of intermodal ground access project.--In
this subsection, the term `intermodal ground access project'
means a project for constructing a local facility owned or
operated by an eligible agency that--
``(A) is located on airport property; and
``(B) is directly and substantially related to the
movement of passengers or property traveling in air
transportation.
``(3) Eligible capital costs.--The eligible capital costs
of an intermodal ground access project shall be the lesser of--
``(A) the total capital cost of the project
multiplied by the ratio that the number of individuals
projected to use the project to gain access to or
depart from the airport bears to the total number of
individuals projected to use the local facility; or
``(B) the total cost of the capital improvements
that are located on airport property.
``(4) Determinations.--The Secretary shall determine the
projected use and cost of a project for purposes of paragraph
(3) at the time the project is approved under this subsection,
except that, in the case of a project to be financed in part
using funds administered by the Federal Transit Administration,
the Secretary shall use the travel forecasting model for the
project at the time the project is approved by the Federal
Transit Administration to enter preliminary engineering to
determine the projected use and cost of the project for
purposes of paragraph (3).
``(5) Nonattainment areas.--For airport property, any area
of which is located in a nonattainment area (as defined under
section 171 of the Clean Air Act (42 U.S.C. 7501)) for 1 or
more criteria pollutant, the airport emissions reductions from
less airport surface transportation and parking as a direct
result of the development of an intermodal project on the
airport property would be eligible for air quality emissions
credits.''.
SEC. 1303. USE OF REVENUE AT A PREVIOUSLY ASSOCIATED AIRPORT.
Section 40117, as amended by section 1302 of this Act, is further
amended by adding at the end the following:
``(o) Use of Revenues at a Previously Associated Airport.--
Notwithstanding the requirements relating to airport control under
subsection (b)(1), the Secretary may authorize use of a passenger
facility charge under subsection (b) to finance an eligible airport-
related project if--
``(1) the eligible agency seeking to impose the new charge
controls an airport where a $2.00 passenger facility charge
became effective on January 1, 2013; and
``(2) the location of the project to be financed by the new
charge is at an airport that was under the control of the same
eligible agency that had controlled the airport described in
paragraph (1).''.
SEC. 1304. 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 the Transportation
Research Board of the National Academies to conduct a study and make
recommendations on the actions needed to upgrade and restore the
national aviation infrastructure system to its role as a premier system
that meets the growing and shifting demands of the 21st century,
including airport infrastructure needs and existing financial resources
for commercial service airports.
(b) Consultation.--In carrying out the study, the Transportation
Research Board shall convene and consult with a panel of national
experts, including--
(1) nonhub airports;
(2) small hub airports;
(3) medium hub airports;
(4) large hub airports;
(5) airports with international service;
(6) non-primary airports;
(7) local elected officials;
(8) relevant labor organizations;
(9) passengers;
(10) air carriers; and
(11) representatives of the tourism industry.
(c) Considerations.--In carrying out the study, the Transportation
Research Board 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 current debt held by airports, and its impact on
future construction and capacity needs;
(4) the impact of capacity constraints on passengers and
ticket prices;
(5) the purchasing power of the passenger facility charge
from the last increase in 2000 to the year of enactment of this
Act;
(6) the impact to passengers and airports of indexing the
passenger facility charge for inflation;
(7) how long airports are constrained with current
passenger facility charge collections;
(8) the impact of passenger facility charges to promote
competition;
(9) the additional resources or options to fund terminal
construction projects;
(10) the resources eligible for use toward noise reduction
and emission reduction projects;
(11) the gap between AIP-eligible projects and the annual
Federal funding provided;
(12) the impact of regulatory requirements on airport
infrastructure financing needs;
(13) airline competition;
(14) airline ancillary fees and their impact on ticket
pricing and taxable revenue; and
(15) the ability of airports to finance necessary safety,
security, capacity, and environmental projects identified in
capital improvement plans.
(d) Report.--Not later than 15 months after the date of enactment
of this Act, the Transportation Research Board shall submit to the
Secretary and the appropriate committees of Congress a report on its
findings and recommendations.
(e) Funding.--The Secretary is authorized to use such sums as are
necessary to carry out the requirements of this section.
TITLE II--SAFETY
Subtitle A--Unmanned Aircraft Systems Reform
SEC. 2001. DEFINITIONS.
(a) In General.--Unless expressly provided otherwise, the terms
used in this subtitle have the meanings given the terms in section
44801 of title 49, United States Code, as added by section 2121 of this
Act.
(b) Definition of Civil Aircraft.--The term ``civil aircraft'' has
the meaning given the term in section 40102 of title 49, United States
Code.
PART I--PRIVACY AND TRANSPARENCY
SEC. 2101. UNMANNED AIRCRAFT SYSTEMS PRIVACY POLICY.
It is the policy of the United States that the operation of any
unmanned aircraft or unmanned aircraft system shall be carried out in a
manner that respects and protects personal privacy consistent with the
United States Constitution and Federal, State, and local law.
SEC. 2102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) each person that uses an unmanned aircraft system for
compensation or hire, or in the furtherance of a business
enterprise, except for news gathering, should have a written
privacy policy consistent with section 2101 that is appropriate
to the nature and scope of the activities regarding the
collection, use, retention, dissemination, and deletion of any
data collected during the operation of an unmanned aircraft
system;
(2) each privacy policy described in paragraph (1) should
be periodically reviewed and updated as necessary; and
(3) each privacy policy described in paragraph (1) should
be publicly available.
SEC. 2103. FEDERAL TRADE COMMISSION AUTHORITY.
A violation of a privacy policy by a person that uses an unmanned
aircraft system for compensation or hire, or in the furtherance of a
business enterprise, in the national airspace system shall be an unfair
and deceptive practice in violation of section 5(a) of the Federal
Trade Commission Act (15 U.S.C. 45(a)).
SEC. 2104. NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
MULTI-STAKEHOLDER PROCESS.
Not later than July 31, 2016, the Administrator of the National
Telecommunications and Information Administration shall submit to the
appropriate committees of Congress a report on the industry privacy
best practices developed through the multi-stakeholder engagement
process (established under Presidential Memorandum of February 15, 2015
(80 Fed. Reg. 9355)) on unmanned aircraft systems transparency and
accountability. In addition to the agreed upon best practices, this
report shall include relevant stakeholder recommendations for
legislative or regulatory action regarding privacy, accountability, and
transparency, including ways to encourage the adoption of privacy
policies by companies that use unmanned aircraft systems for
compensation or hire, or in the furtherance of a business enterprise.
The report shall take into account existing rights protected under the
First Amendment to the United States Constitution in public spaces and
the First Amendment rights of journalists to control their archives.
SEC. 2105. IDENTIFICATION STANDARDS.
(a) In General.--The Director of the National Institute of
Standards and Technology, in collaboration with the Administrator of
the Federal Aviation Administration, and in consultation with the
Secretary of Transportation, the President of RTCA, Inc., and the
Administrator of the National Telecommunications and Information
Administration, shall convene industry stakeholders to facilitate the
development of consensus standards for remotely identifying operators
and owners of unmanned aircraft systems and associated unmanned
aircraft.
(b) Considerations.--As part of the standards developed under
subsection (a), the Director shall consider--
(1) requirements for remote identification of unmanned
aircraft systems;
(2) appropriate requirements for different classifications
of unmanned aircraft systems operations, including public and
civil;
(3) the role of manufacturers, the Federal Aviation
Administration, and the owners of the systems described in
paragraphs (1) and (2) in reporting and verifying
identification data; and
(4) the feasibility of the development and operation of a
publicly searchable online database to further enable the
immediate remote identification of any unmanned aircraft and
its operator by the general public and potential exceptions to
inclusion in the online database.
(c) Deadline.--Not later than 1 year after the date of enactment of
this Act, the Director shall submit to the appropriate committees of
Congress a report on the consensus identification standards.
(d) Guidance.--Not later than 1 year after the date that the
Director submits the report on the consensus identification standards
under subsection (c), the Administrator of the Federal Aviation
Administration shall issue regulatory guidance based on the consensus
identification standards.
SEC. 2106. COMMERCIAL AND GOVERNMENTAL OPERATORS.
(a) In General.--Except for model aircraft under section 44808 of
title 49, United States Code, in authorizing the operation of any
public unmanned aircraft system or the operation of any unmanned
aircraft system by a person conducting civil aircraft operations, the
Administrator of the Federal Aviation Administration, to the extent
practicable and consistent with applicable law and without compromising
national security, homeland defense, or law enforcement, shall make the
identifying information in subsection (b) available to the public via
an easily searchable online database. The Administrator shall place a
clear and conspicuous link to the database on the home page of the
Federal Aviation Administration's website.
(b) Contents.--The database described in subsection (a) shall
contain the following:
(1) The name of each individual, or agency, as applicable,
authorized to conduct civil or public unmanned aircraft systems
operations described in subsection (a).
(2) The name of each owner of an unmanned aircraft system
described in paragraph (1).
(3) The expiration date of any authorization related to a
person identified in paragraph (1) or paragraph (2).
(4) The contact information for each person identified in
paragraphs (1) and (2), including a telephone number and an
electronic mail address, in accordance with applicable privacy
laws.
(5) The tail number or specific identification number of
all unmanned aircraft authorized for use that links each
unmanned aircraft to the owner of that aircraft.
(6) For any unmanned aircraft system that will collect
personally identifiable information about individuals,
including the use of facial recognition--
(A) the circumstance under which the system will be
used;
(B) the specific kinds of personally identifiable
information that the system will collect about
individuals; and
(C) how the information referred to in subparagraph
(B), and the conclusions drawn from such information,
will be used, disclosed, and otherwise handled,
including--
(i) how the collection or retention of such
information that is unrelated to the specific
use will be minimized;
(ii) under what circumstances such
information might be sold, leased, or otherwise
provided to third parties;
(iii) the period during which such
information will be retained;
(iv) when and how such information,
including information no longer relevant to the
specified use, will be destroyed; and
(v) steps that will be used to protect
against the unauthorized disclosure of any
information or data, such as the use of
encryption methods and other security features.
(7) With respect to public unmanned aircraft systems--
(A) the locations where the unmanned aircraft
system will operate;
(B) the time during which the unmanned aircraft
system will operate;
(C) the general purpose of the flight; and
(D) the technical capabilities that the unmanned
aircraft system possesses.
(c) Records.--Each person described in subsection (b)(1), to the
extent practicable without compromising national security, homeland
defense, or law enforcement shall maintain and make available to the
Administrator for not less than 1 year a record of the name and contact
information of each person on whose behalf the unmanned aircraft system
has been operated.
(d) Deadline.--The Administrator shall make the database available
not later than 1 year after the date of enactment of this Act.
(e) Termination.--The Administrator may cease the operation of such
database on September 30, 2017.
SEC. 2107. ANALYSIS OF CURRENT REMEDIES UNDER FEDERAL, STATE, AND LOCAL
JURISDICTIONS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct and submit to
the appropriate committees of Congress a review of the privacy issues
and concerns associated with the operation of unmanned aircraft systems
in the national airspace system that--
(1) examines and identifies the existing Federal, State, or
local laws, including constitutional law, that address an
individual's personal privacy;
(2) identifies specific issues and concerns that may limit
the availability of existing civil or criminal legal remedies
regarding inappropriate operation of unmanned aircraft systems
in the national airspace system;
(3) identifies any deficiencies in current Federal, State,
or local privacy protections; and
(4) recommends legislative or other actions to address the
limitations and deficiencies identified in paragraphs (2) and
(3).
PART II--UNMANNED AIRCRAFT SYSTEMS
SEC. 2121. DEFINITIONS.
(a) In General.--Part A of subtitle VII is amended by inserting
after chapter 447 the following:
``CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS
``Sec.
``44801. Definitions.
``Sec. 44801. Definitions
``In this chapter--
``(1) `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.
``(2) `Arctic' means the United States zone of the Chukchi
Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
``(3) `certificate of waiver' and `certificate of
authorization' mean a Federal Aviation Administration grant of
approval for a specific flight operation.
``(4) `permanent areas' means areas on land or water that
provide for launch, recovery, and operation of small unmanned
aircraft.
``(5) `public unmanned aircraft system' means an unmanned
aircraft system that meets the qualifications and conditions
required for operation of a public aircraft (as defined in
section 40102(a)).
``(6) `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.
``(7) `small unmanned aircraft' means an unmanned aircraft
weighing less than 55 pounds, including the weight of anything
attached to or carried by the aircraft.
``(8) `test range' means a defined geographic area where
research and development are conducted as authorized by the
Administrator of the Federal Aviation Administration.
``(9) `test site' means any of the 6 test ranges
established by the Administrator of the Federal Aviation
Administration 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 Federal Aviation
Administration Reauthorization Act of 2016, and any public
entity authorized by the Federal Aviation Administration as an
unmanned aircraft system flight test center before January 1,
2009.
``(10) `unmanned aircraft' means an aircraft that is
operated without the possibility of direct human intervention
from within or on the aircraft.
``(11) `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.''.
(b) Table of Chapters.--The table of chapters for subtitle VII is
amended by inserting after the item relating to chapter 447 the
following:
``448. Unmanned Aircraft Systems............................ 44801''.
SEC. 2122. UTILIZATION OF UNMANNED AIRCRAFT SYSTEM TEST SITES.
(a) In General.--Chapter 448, as designated by section 2121 of this
Act, is amended by inserting after section 44801 the following:
``Sec. 44802. Unmanned aircraft system test sites
``(a)(1) In General.--The Administrator of the Federal Aviation
Administration shall establish and update, as appropriate, a program
for the use of the 6 test sites established under section 332(c) of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), and
any public entity authorized by the Federal Aviation Administration as
an unmanned aircraft system flight test center before January 1, 2009,
to facilitate the safe integration of unmanned aircraft systems into
the national airspace system.
``(2) Termination.--The program shall terminate on September 30,
2022.
``(b) Program Requirements.--In establishing 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 sites,
including 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 each test site operator 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) classifications of airspace where
manufacturers must prevent flight of an unmanned
aircraft system;
``(C) classifications of airspace where
manufacturers of unmanned aircraft systems must alert
the operator to hazards or limitations on flight;
``(D) sense and avoid capabilities;
``(E) beyond-line-of-sight, nighttime operations
and unmanned traffic management, or other critical
research priorities; and
``(F) improving privacy protections through the use
of advances in unmanned aircraft systems technology;
``(8) coordinate periodically with all test site operators
to ensure test site 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) allow a test site to develop multiple test ranges
within the test site;
``(10) streamline the approval process for test sites when
processing unmanned aircraft certificates of waiver or
authorization for operations at the test sites;
``(11) require each test site operator to protect
proprietary technology, sensitive data, or sensitive research
of any civil or private entity when using that test site
without the need to obtain an experimental or special
airworthiness certificate;
``(12) evaluate options for the operation of 1 or more
small unmanned aircraft systems beyond the visual line of sight
of the operator for testing under controlled conditions that
ensure the safety of persons and property, including on the
ground; and
``(13) allow test site operators to receive Federal
funding, other than from the Federal Aviation Administration,
including in-kind contributions, from test site participants in
the furtherance of research, development, and testing
objectives.
``(c) Test Site Locations.--In determining the location of a test
site under subsection (a), the Administrator shall--
``(1) take into consideration geographic and climatic
diversity;
``(2) take into consideration the location of ground
infrastructure and research needs; and
``(3) consult with the Administrator of the National
Aeronautics and Space Administration and the Secretary of
Defense.
``(d) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator shall submit to
the appropriate committees of Congress a report on the
establishment and implementation of the program under
subsection (a).
``(2) Briefings.--Beginning 180 days after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, and every 180 days thereafter
until September 30, 2017, the Administrator shall provide to
the appropriate committees of Congress a briefing that
includes--
``(A) a current summary of unmanned aircraft
systems operations at the test sites since the last
briefing to Congress;
``(B) a description of all of the data generated
from the operations described in subparagraph (A), and
shared with the Federal Aviation Administration through
a cooperative research and development agreement
authorized in section 2123 of the Federal Aviation
Administration Reauthorization Act of 2016, that relate
to unmanned aircraft systems research priorities,
including beyond-line-of-sight, unmanned traffic
management, nighttime operations, and sense and avoid
technology;
``(C) a description of how the data described in
subparagraph (B) will be or is used--
``(i) to advance Federal Aviation
Administration priorities;
``(ii) to validate the safety of unmanned
aircraft systems and related technology; and
``(iii) to inform future rulemaking related
to the integration of unmanned aircraft systems
into the national airspace;
``(D) an evaluation of the activities and specific
outcomes from activities at the test sites that support
the safe integration of unmanned aircraft systems under
this chapter; and
``(E) recommendations for future Federal Aviation
Administration test site operations that would generate
data necessary to inform future rulemaking related to
unmanned aircraft systems.
``(e) Review of Operations by Test Site Operators.--The operator of
each test site under subsection (a) shall--
``(1) review the operations of unmanned aircraft systems
conducted at the test site, 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 sites 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.
``(f) Testing.--The Secretary may authorize an operator of a test
site described in subsection (a) to administer testing requirements
established by the Administrator for unmanned aircraft systems
operations.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as added by section 2121 of this Act, is further amended
by inserting after the item relating to section 44801 the
following:
``44802. Unmanned aircraft system test sites.''.
(2) Pilot projects.--Section 332 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note) is amended by
striking subsection (c).
SEC. 2123. ADDITIONAL RESEARCH, DEVELOPMENT, AND TESTING.
(a) Research Plan.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration and the United States Unmanned Aircraft System Executive
Committee, jointly, and in coordination with industry, users, the
Center of Excellence for Unmanned Aircraft Systems, and test site
operators, shall develop a research plan to identify ongoing research
into the broad range of technical, procedural, and policy concerns
arising from the integration of unmanned aircraft systems into the
national airspace system, and research needs regarding those concerns.
In developing the plan, the Administrator shall determine and engage
the appropriate entities to meet the research needs identified in the
plan.
(b) Collaborative Research and Development Agreements.--The
Administrator may use the other transaction authority under section
106(l)(6) of title 49, United States Code, and enter into collaborative
research and development agreements, to direct research related to
unmanned aircraft systems, including at any test site under section
44802(a) of that title, and in coordination with the Center of
Excellence for Unmanned Aircraft Systems.
(c) Use of Center of Excellence for Unmanned Aircraft Systems.--The
Administrator, in carrying out research necessary to establish the
consensus safety standards and certification requirements in section
44803 of title 49, United States Code, as added by section 2124, 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 sites (as defined in 44801 of such title,
as added by section 2121).
SEC. 2124. SAFETY STANDARDS.
(a) In General.--Chapter 448, as amended by section 2122 of this
Act, is further amended by inserting after section 44802 the following:
``SEC. 44803. AIRCRAFT SAFETY STANDARDS.
``(a) Consensus Aircraft Safety Standards.--Not later than 60 days
after the date of enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Director of the National Institute of
Standards and Technology and the Administrator of the Federal Aviation
Administration, in consultation with government and industry
stakeholders and appropriate standards-setting organizations, shall
initiate a collaborative process to develop risk-based, consensus
industry airworthiness standards related to the safe integration of
small unmanned aircraft systems into the national airspace system.
``(b) Considerations.--In developing the consensus aircraft safety
standards, the Director and Administrator shall consider the following:
``(1) Technologies or standards related to geographic
limitations, altitude limitations, and sense and avoid
capabilities.
``(2) Using performance-based standards.
``(3) Predetermined action to maintain safety in the event
that a communications link between a small unmanned aircraft
and its operator is lost or compromised.
``(4) Detectability and identifiability to pilots, the
Federal Aviation Administration, and air traffic controllers,
as appropriate.
``(5) 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.
``(6) Consensus identification standards under section
2105.
``(7) How to update or modify a small unmanned aircraft
system that was commercially distributed prior to the
development of the consensus aircraft safety standards so that,
to the greatest extent practicable, such systems meet the
consensus aircraft safety standards.
``(8) Any technology or standard related to small unmanned
aircraft systems that promotes aviation safety.
``(c) Consultation.--In developing the consensus aircraft safety
standards under subsection (a), the Director and Administrator shall
consult with--
``(1) the Administrator of the National Aeronautics and
Space Administration;
``(2) the President of RTCA, Inc.;
``(3) the Secretary of Defense;
``(4) each operator of a test site under section 44802;
``(5) the Center of Excellence for Unmanned Aircraft
Systems;
``(6) unmanned aircraft systems stakeholders; and
``(7) community-based aviation organizations.
``(d) FAA Approval.--Not later than 1 year after the date of
enactment of the Federal Aviation Administration Reauthorization Act of
2016, the Administrator of the Federal Aviation Administration shall
establish a process for the approval of small unmanned aircraft systems
make and models based upon the consensus aircraft safety standards
developed under subsection (a). The consensus aircraft safety standards
developed under subsection (a) shall allow the Administrator to approve
small unmanned aircraft systems for operation within the national
airspace system without requiring the type certification process in
parts 21 and 23 of the Code of Federal Regulations.
``(e) Eligibility.--The consensus aircraft safety standards for
approval of small unmanned aircraft systems developed under this
section shall set eligibility requirements for an airworthiness
approval of a small unmanned aircraft system which shall include the
following:
``(1) An applicant must provide the Federal Aviation
Administration with--
``(A) the aircraft's operating instructions; and
``(B) the manufacturer's statement of compliance as
described in subsection (f) of this section.
``(2) A sample aircraft must be inspected by the Federal
Aviation Administration and found to be in a condition for safe
operation and in compliance with the consensus aircraft safety
standards required by the Administrator in subsection (d).
``(f) Manufacturer's Statement of Compliance for Small UAS.--The
manufacturer's statement of compliance shall--
``(1) identify the aircraft make and model, and consensus
aircraft safety standard used;
``(2) state that the aircraft make and model meets the
provisions of the standard identified in paragraph (1);
``(3) state that the aircraft make and model conforms to
the manufacturer's design data, using the manufacturer's
quality assurance system that meets the identified consensus
standard adopted by the Administrator in subsection (d), and is
manufactured in way that ensures consistency in the production
process so that every unit produced meets the applicable
consensus aircraft safety standards;
``(4) state that the manufacturer will make available to
any interested person--
``(A) the aircraft's operating instructions, that
meet the standard identified in paragraph (1); and
``(B) the aircraft's maintenance and inspection
procedures, that meet the standard identified in
paragraph (1);
``(5) state that the manufacturer will monitor and correct
safety-of-flight issues through a continued airworthiness
system that meets the standard identified in paragraph (1);
``(6) state that at the request of the Administration, the
manufacturer will provide access by the Administration to its
facilities; and
``(7) state that the manufacturer, in accordance with a
production acceptance test procedure that meets an applicable
consensus aircraft safety standard 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.
``(g) Prohibition.--It shall be unlawful for any person to
introduce or deliver for introduction into interstate commerce any
unmanned aircraft manufactured after the date that the Administrator
adopts consensus aircraft safety standards under this section, unless
the manufacturer has received approval under subsection (d) for each
make and model.''.
(b) Table of Contents.--The table of contents for chapter 448, as
amended by section 2122 of this Act, is further amended by inserting
after the item relating to section 44802 the following:
``44803. Aircraft safety standards.''.
SEC. 2125. UNMANNED AIRCRAFT SYSTEMS IN THE ARCTIC.
(a) In General.--Chapter 448, as amended by section 2124 of this
Act, is further amended by inserting after section 44803 the following:
``Sec. 44804. Unmanned aircraft systems 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
unmanned aircraft beyond 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.--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, or may
apply an applicable process already established, for approving the use
of unmanned aircraft in the designated permanent areas in the Arctic
without regard to whether an unmanned aircraft is used as a public
aircraft, a civil aircraft, or a model aircraft.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2124 of this Act, is further amended
by inserting after the item relating to section 44803 the
following:
``44804. Unmanned aircraft systems in the Arctic.''.
(2) Expanding use of unmanned aircraft systems in arctic.--
Section 332 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note) is amended by striking subsection (d).
SEC. 2126. SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448, as amended by section 2125 of this
Act, is further amended by inserting after section 44804 the following:
``Sec. 44805. 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 332 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) or the
guidance required by section 44807.
``(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, and operation within
or beyond 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) Pilot Certification Exemption.--If the Secretary proposes,
under this section, to require an operator of an unmanned aircraft
system to hold an airman certificate, a medical certificate, or to have
a minimum number of hours operating a manned aircraft, the Secretary
shall set forth the reasoning for such proposal and seek public notice
and comment before imposing any such requirements.
``(e) 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, 2017.
``(f) Operation by Owners and Operators of Critical
Infrastructure.--
``(1) In general.--Any application process established
under subsection (a) shall allow for a covered person to apply
to the Administrator to operate an unmanned aircraft system to
conduct activities described in paragraph (2)--
``(A) beyond the visual line of sight of the
individual operating the unmanned aircraft system; and
``(B) operation during the day or at night.
``(2) Activities described.--The activities described in
this paragraph that a covered person may use an unmanned
aircraft system to conduct are the following:
``(A) Activities for which compliance with current
law or regulation can be accomplished by the use of
manned aircraft, including--
``(i) conducting activities to ensure
compliance with Federal or State regulatory,
permit, or other requirements, including to
conduct surveys associated with applications
for permits for new pipeline or pipeline
systems construction or maintenance or
rehabilitation of existing pipelines or
pipeline systems; or
``(ii) conducting activities relating to
ensuring compliance with--
``(I) the requirements of part 192
or 195 of title 49, Code of Federal
Regulations; or
``(II) any Federal, State, or local
governmental or regulatory body or
industry best practice pertaining to
the construction, ownership, operation,
maintenance, repair, or replacement of
covered facilities.
``(B) Activities to inspect, repair, construct,
maintain, or protect covered facilities, including to
respond to a pipeline, pipeline system, or electric
energy infrastructure incident, or in response to or in
preparation for a natural disaster, man-made disaster,
severe weather event, or other incident beyond the
control of the covered person that may cause material
damage to a covered facility.
``(3) Definitions.--In this subsection:
``(A) Covered facility.--The term `covered
facility' means a pipeline, pipeline system, electric
energy generation, transmission, or distribution
facility (including renewable electric energy), oil or
gas production, refining, or processing facility, or
other critical infrastructure.
``(B) Covered person.--The term `covered person'
means a person that--
``(i) owns or operates a covered facility;
``(ii) is the sponsor of a covered facility
project;
``(iii) is an association of persons
described by clause (i) or (ii) and is seeking
programmatic approval for an activity in
accordance with this subsection; or
``(iv) is an agent of any person described
in clause (i), (ii), or (iii).
``(C) Critical infrastructure.--The term `critical
infrastructure' has the meaning given that term in
section 2339D of title 18.
``(4) Deadline.--Within 90 days from the date of enactment
of the FAA Reauthorization of 2016 the Administrator must
certify to the appropriate committees of Congress that a
process has been established to facilitate applications for
operations provided for under this subsection. If the
Administrator cannot provide this certification, the
Administrator, within 180 days of from the due date of that
certification, shall update the process under (a) to provide
for such applications.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2125 of this Act, is further amended
by inserting after the item relating to section 44804 the
following:
``44805. Special rules for certain unmanned aircraft systems.''.
(2) Special rules for certain unmanned aircraft systems.--
Section 333 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note) and the item relating to that section in the
table of contents under section 1(b) of that Act (126 Stat. 13)
are repealed.
SEC. 2127. ADDITIONAL RULEMAKING AUTHORITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) beyond visual line of sight and nighttime operations of
unmanned aircraft systems have tremendous potential--
(A) to enhance research and development both
commercially and in academics;
(B) to spur economic growth and development through
innovative applications of this emerging technology;
and
(C) to improve emergency response efforts as it
relates to assessing damage to critical infrastructure
such as roads, bridges, and utilities, including water
and power, ultimately speeding response time;
(2) advancements in miniaturization of safety technologies,
including for aircraft weighing under 4.4 pounds, have
increased economic opportunities for using unmanned aircraft
systems while reducing kinetic energy and risk compared to
unmanned aircraft that may weigh as much as 55 pounds;
(3) advancements in unmanned technology will have the
capacity to ultimately improve manned aircraft safety; and
(4) integrating unmanned aircraft systems safely into the
national airspace, including beyond visual line of sight and
nighttime operations on a routine basis should remain a top
priority for the Federal Aviation Administration as it pursues
additional rulemakings under the amendments made by this
section.
(b) In General.--Chapter 448, as amended by section 2126 of this
Act, is further amended by inserting after section 44805 the following:
``Sec. 44806. Additional rulemaking authority
``(a) In General.--Notwithstanding the rulemaking required by
section 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
40101 note) or the guidance required by section 44807 of this title and
subject to subsection (b)(2) of this section and section 44808, the
Administrator may issue regulations under which a person may operate
certain unmanned aircraft systems (as determined by the Administrator)
in the United States--
``(1) without an airman certificate;
``(2) without an airworthiness certificate for the
associated unmanned aircraft; or
``(3) that are not registered with the Federal Aviation
Administration.
``(b) Micro Unmanned Aircraft Systems Operational Rules.--
``(1) In general.--Notwithstanding the rulemaking required
by section 332 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note), the Administrator shall issue
regulations not later than 270 days after the date of enactment
of the Federal Aviation Administration Reauthorization Act of
2016 under which any person may operate a micro unmanned
aircraft system classification of unmanned aircraft systems,
the aircraft component of which weighs 4.4 pounds or less,
including payload, without the person operating the system
being required to pass any airman certification requirement,
including any requirements under section 44703 of this title,
part 61 of title 14, Code of Federal Regulations, or any other
rule or regulation relating to airman certification.
``(2) Operational rules.--The rulemaking required by
paragraph (1) relating to micro unmanned aircraft systems shall
consider the following rules, or any appropriate modifications
thereof concerning altitude, airspeed, geographic location, and
time of day as the Administrator considers appropriate, for
operation of such systems:
``(A) Operation an altitude of less than 400 feet
above ground level.
``(B) Operation with an airspeed of not greater
than 40 knots.
``(C) Operation within the visual line of sight of
the operator.
``(D) Operation during the hours between sunrise
and sunset.
``(E) Operation not less than 5 statute miles from
the geographic center of an airport with an operational
air traffic control tower or an airport denoted on a
current aeronautical chart published by the Federal
Aviation Administration, except that a micro unmanned
aircraft system may be operated within 5 statute miles
of such an airport if the operator of the system--
``(i) provides notice to the airport
operator; and
``(ii) in the case of an airport with an
operational air traffic control tower, receives
approval from the air traffic control tower.
``(c) Scope of Regulations.--
``(1) In general.--In determining whether a person may
operate an unmanned aircraft system under 1 or more of the
circumstances described under paragraphs (1) through (3) of
subsection (a), the Administrator shall use a risk-based
approach and consider, at a minimum, the physical and
functional characteristics of the unmanned aircraft system.
``(2) Limitation.--The Administrator may only issue
regulations under this section for unmanned aircraft systems
that the Administrator determines may be operated safely in the
national airspace system.
``(d) Rules of Construction.--Nothing in this section may be
construed--
``(1) to prohibit a person from operating an unmanned
aircraft system under a circumstance described under paragraphs
(1) through (3) of subsection (a) if--
``(A) the circumstance is allowed by regulations
issued under this section; and
``(B) the person operates the unmanned aircraft
system in a manner prescribed by the regulations; and
``(2) to limit or affect in any way the Administrator's
authority to conduct a rulemaking, make a determination, or
carry out any activity related to unmanned aircraft or unmanned
aircraft systems under any other provision of law.''.
(c) Table of Contents.--The table of contents for chapter 448, as
amended by section 2126 of this Act, is further amended by inserting
after the item relating to section 44805 the following:
``44806. Additional rulemaking authority.''.
SEC. 2128. GOVERNMENTAL UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448, as amended by section 2127 of this
Act, is further amended by inserting after section 44806 the following:
``Sec. 44807. 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 the process for the issuance of a
certificate of authorization or a certificate of waiver;
``(2) to provide for a collaborative process with public
agencies to allow for an incremental expansion of access to the
national airspace system as technology matures and the
necessary safety analyses and data become available, and until
standards are completed and technology issues are resolved;
``(3) 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
``(4) to provide guidance on a public agency's
responsibilities when operating an unmanned aircraft without a
civil airworthiness certificate issued by the Administration.
``(b) Standards for Operation and Certification.--The Administrator
of the Federal Aviation Administration shall develop and implement
operational and certification requirements for the operation of a
public unmanned aircraft system in the national airspace system.
``(c) 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;
``(iii) allow for an expedited appeal if
the application is disapproved; and
``(iv) if applicable, include verification
of the data minimization policy required under
subsection (d);
``(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 25 pounds or less
if that unmanned aircraft is operated--
``(i) within or beyond the 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.
``(d) Data Minimization for Certain Public Unmanned Aircraft System
Operators.--Not later than 180 days after the date of enactment of the
Federal Aviation Administration Reauthorization Act of 2016 each
Federal agency authorized by the Secretary to operate an unmanned
aircraft system shall develop and update a data minimization policy
that requires, at a minimum, that--
``(1) prior to the deployment of any new unmanned aircraft
system technology, and at least every 3 years, existing
policies and procedures relating to the collection, use,
retention, and dissemination of information obtained by an
unmanned aircraft system must be examined to ensure that
privacy, civil rights, and civil liberties are protected;
``(2) if the unmanned aircraft system is the platform for
information collection, information must be collected, used,
retained, and disseminated consistent with the Constitution,
Federal law, and other applicable regulations and policies,
such as the Privacy Act of 1974 (5 U.S.C. 552a);
``(3) the Federal agency or person operating on its behalf,
only collect information using the unmanned aircraft system, or
use unmanned aircraft system-collected information, to the
extent that the collection or use is consistent with and
relevant to an authorized purpose as determined by the head of
a Federal agency and consistent with the law;
``(4) any information collected, using an unmanned aircraft
or an unmanned aircraft system, that may contain personal
information will not be retained by any Federal agency for more
than 180 days after the date of collection unless--
``(A) the head of the Federal agency determines
that retention of the information is directly relevant
and necessary to accomplish the specific purpose for
which the Federal agency used the unmanned aircraft
system;
``(B) that Federal agency maintains the information
in a system of records under section 552a of title 5;
or
``(C) the information is required to be retained
for a longer period under other applicable law,
including regulations;
``(5) any information collected, using an unmanned aircraft
or unmanned aircraft system, that is not maintained in a system
of records under section 552a of title 5, will not be
disseminated outside of that Federal agency unless--
``(A) dissemination is required by law; or
``(B) dissemination satisfies an authorized purpose
and complies with that Federal agency's disclosure
requirements;
``(6) to the extent it does not compromise law enforcement
or national security a Federal agency shall--
``(A) provide notice to the public regarding where
in the national airspace system the Federal agency is
authorized to operate the unmanned aircraft system;
``(B) keep the public informed about the Federal
agency's unmanned aircraft system program, including
any changes to that program that would significantly
affect privacy, civil rights, or civil liberties;
``(C) make available to the public, on an annual
basis, a general summary of the Federal agency's
unmanned aircraft system operations during the previous
fiscal year, including--
``(i) a brief description of types or
categories of missions flown; and
``(ii) the number of times the Federal
agency provided assistance to other agencies or
to State, local, tribal, or territorial
governments; and
``(D) make available on a public and searchable
Internet website the data minimization policy of the
Federal agency;
``(7) ensures oversight of the Federal agency's unmanned
aircraft system use, including--
``(A) the use of audits or assessments that comply
with existing Federal agency policies and regulations;
``(B) the verification of the existence of rules of
conduct and training for Federal Government personnel
and contractors who work on programs, and procedures
for reporting suspected cases of misuse or abuse of
unmanned aircraft system technologies;
``(C) the establishment of policies and procedures,
or confirmation that policies and procedures are in
place, that provide meaningful oversight of individuals
who have access to sensitive information, including
personal information, collected using an unmanned
aircraft system;
``(D) ensuring that any data-sharing agreements or
policies, data use policies, and record management
policies applicable to an unmanned aircraft system
conform to applicable laws, regulations, and policies;
``(E) the establishment of policies and procedures,
or confirmation that policies and procedures are in
place, to authorize the use of an unmanned aircraft
system in response to a request for unmanned aircraft
system assistance in support of Federal, State, local,
tribal, or territorial government operations; and
``(F) a requirement that State, local, tribal, and
territorial government recipients of Federal grant
funding for the purchase or use of unmanned aircraft
systems for their own operations have in place policies
and procedures to safeguard individuals' privacy, civil
rights, and civil liberties prior to expending such
funds; and
``(8) ensures the protection of civil rights and civil
liberties, including--
``(A) ensuring that policies are in place to
prohibit the collection, use, retention, or
dissemination of data in any manner that would violate
the First Amendment or in any manner that would
discriminate against persons based upon their
ethnicity, race, gender, national origin, religion,
sexual orientation, or gender identity, in violation of
law;
``(B) ensuring that unmanned aircraft system
activities are performed in a manner consistent with
the Constitution and applicable laws, Executive Orders,
and other Presidential directives; and
``(C) ensuring that adequate procedures are in
place to receive, investigate, and address, as
appropriate, privacy, civil rights, and civil liberties
complaints.
``(e) Law Enforcement and National Security.--Each Federal agency
shall effectuate a requirement under subsection (d) only to the extent
it does not compromise law enforcement or national security.
``(f) Definition of Federal Agency.--In subsections (d) and (e),
the term `Federal agency' has the meaning given the term `agency' in
section 552(f) of title 5, United States Code.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2127 of this Act, is further amended
by inserting after the item relating to section 44806 the
following:
``44807. 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.
SEC. 2129. SPECIAL RULES FOR MODEL AIRCRAFT.
(a) In General.--Chapter 448, as amended by section 2128 of this
Act, is further amended by inserting after section 44807 the following:
``Sec. 44808. Special rules for model aircraft
``(a) In General.--Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems into Federal
Aviation Administration plans and policies, including this chapter, the
Administrator of the Federal Aviation Administration may not promulgate
any new rule or regulation specific only to an unmanned aircraft
operating as a model aircraft if--
``(1) the aircraft is flown strictly for hobby or
recreational use;
``(2) the aircraft is operated in accordance with a
community-based set of safety guidelines and within the
programming of a nationwide community-based organization;
``(3) not flown beyond visual line of sight of persons co-
located with the operator or 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) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator, where
applicable, and the airport air traffic control tower (when an
air traffic facility is located at the airport) with prior
notice and receives approval from the tower, to the extent
practicable, for the operation from each (model aircraft
operators flying from a permanent location within 5 miles of an
airport should establish a mutually agreed upon operating
procedure with the airport operator and the airport air traffic
control tower (when an air traffic facility is located at the
airport));
``(6) the aircraft is flown from the surface to not more
than 400 feet in altitude, except under special conditions and
programs established by a community-based organization; and
``(7) the operator has passed an aeronautical knowledge and
safety test administered by the Federal Aviation Administration
online for the operation of unmanned aircraft systems subject
to the requirements of section 44809 and maintains proof of
test passage to be made available to the Administrator or law
enforcement upon request.
``(b) Updates.--
``(1) In general.--The Administrator, in collaboration with
government and industry stakeholders, including nationwide
community-based organizations, shall initiate a process to
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 aviation safety risk and risk to the
uninvolved public;
``(B) operations outside the membership,
guidelines, and programming of a nationwide 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; and
``(E) ensuring, to the greatest extent practicable,
that updates to the operational parameters correspond
to, and leverage, advances in technology.
``(3) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require operators of model aircraft under the exemption of this
subsection to be required to seek permissive authority of the
Administrator prior to operation in the national airspace
system.
``(c) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft.
``(d) Model Aircraft Defined.--In this section, the term `model
aircraft' means an unmanned aircraft that--
``(1) is capable of sustained flight in the atmosphere; and
``(2) is limited to weighing not more than 55 pounds,
including the weight of anything attached to or carried by the
aircraft, unless otherwise approved through a design,
construction, inspection, flight test, and operational safety
program administered by a community-based organization.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2128 of this Act, is further amended
by inserting after the item relating to section 44807 the
following:
``44808. Special rules for model aircraft.''.
(2) Special rule for model aircraft.--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 (126 Stat. 13) are repealed.
SEC. 2130. UNMANNED AIRCRAFT SYSTEMS AERONAUTICAL KNOWLEDGE AND SAFETY.
(a) In General.--Chapter 448, as amended by section 2129 of this
Act, is further amended by inserting after section 44808 the following:
``Sec. 44809. Aeronautical knowledge and safety test
``(a) In General.--An individual may not operate an unmanned
aircraft system unless--
``(1) the individual has successfully completed an
aeronautical knowledge and safety test under subsection (c);
``(2) the individual has authority to operate an unmanned
aircraft under other Federal law; or
``(3) the individual is a holder of an airmen certificate
issued under section 44703.
``(b) Exception.--This section shall not apply to the operation of
an unmanned aircraft system that has been authorized by the Federal
Aviation Administration under section 44802, 44805, 44806, or 44807.
The Administrator may waive the requirements of this section for
operators of aircraft weighing less than 0.55 pounds or for operators
under the age of 13 operating the unmanned aircraft system under the
supervision of an adult as determined by the Administrator.
``(c) Aeronautical Knowledge and Safety Test.--Not later than 180
days after the date of enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator of the Federal Aviation
Administration, in consultation with manufacturers of unmanned aircraft
systems, other industry stakeholders, and community-based aviation
organizations, shall develop an aeronautical knowledge and safety test
that can be administered electronically.
``(d) Requirements.--The Administrator shall ensure that the
aeronautical knowledge and safety test is designed to adequately
demonstrate an operator's--
``(1) understanding of aeronautical safety knowledge, as
applicable; and
``(2) knowledge of Federal Aviation Administration
regulations and requirements pertaining to the operation of an
unmanned aircraft system in the national airspace system.
``(e) Record of Compliance.--
``(1) In general.--Each operator of an unmanned aircraft
system described under subsection (a) shall maintain and make
available for inspection, upon request by the Administrator or
a Federal, State, or local law enforcement officer, a record of
compliance with this section through--
``(A) an identification number, issued by the
Federal Aviation Administration certifying passage of
the aeronautical knowledge and safety test;
``(B) if the individual has authority to operate an
unmanned aircraft system under other Federal law, the
requisite proof of authority under that law; or
``(C) an airmen certificate issued under section
44703.
``(2) Coordination.--The Administrator may coordinate the
identification number under paragraph (1)(A) with an operator's
registration number to the extent practicable.
``(3) Limitation.--No fine or penalty may be imposed for
the initial failure of an operator of an unmanned aircraft
system to comply with paragraph (1) unless the Administrator
finds that the conduct of the operator actually posed a risk to
the national airspace system.''.
(b) Table of Contents.--The table of contents for chapter 448, as
amended by section 2129 of this Act, is further amended by inserting
after the item relating to section 44808 the following:
``44809. Aeronautical knowledge and safety test.''.
SEC. 2131. SAFETY STATEMENTS.
(a) In General.--Chapter 448, as amended by section 2130 of this
Act, is further amended by inserting after section 44809 the following:
``Sec. 44810. Safety statements
``(a) Prohibition.--Beginning on the date that is 1 year after the
date of publication of the guidance under subsection (b)(1), it shall
be unlawful for any person to introduce or deliver for introduction
into interstate commerce any unmanned aircraft manufactured unless a
safety statement is attached to the unmanned aircraft or accompanying
the unmanned aircraft in its packaging.
``(b) Safety Statement.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator of the Federal
Aviation Administration shall issue guidance for implementing
this section.
``(2) Requirements.--A safety statement described in
subsection (a) shall include--
``(A) information about laws and regulations
applicable to unmanned aircraft systems;
``(B) recommendations for using unmanned aircraft
in a manner that promotes the safety of persons and
property;
``(C) the date that the safety statement was
created or last modified; and
``(D) language approved by the Administrator
regarding the following:
``(i) A person may operate the unmanned
aircraft as a model aircraft (as defined in
section 44808) or otherwise in accordance with
Federal Aviation Administration authorization
or regulation, including requirements for the
completion of the aeronautical knowledge and
safety test under section 44809.
``(ii) The definition of a model aircraft
under section 44808.
``(iii) The requirements regarding a model
aircraft under paragraphs (1) through (7) of
section 44808(a).
``(iv) The Administrator of the Federal
Aviation Administration may pursue enforcement
action against a person operating model
aircraft who endangers the safety of the
national airspace system.
``(c) Civil Penalty.--A person who violates subsection (a) shall be
liable for each violation to the United States Government for a civil
penalty described in section 46301(a).''.
(b) Table of Contents.--The table of contents for chapter 448, as
amended by section 2130 of this Act, is further amended by inserting
after the item relating to section 44809 the following:
``44810. Safety statements.''.
SEC. 2132. 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
Federal Aviation Administration under chapter 448 of title 49, United
States Code.
SEC. 2133. ENFORCEMENT.
(a) UAS Safety Enforcement.--The Administrator of the Federal
Aviation Administration shall establish a program to utilize available
remote detection and identification technologies for safety oversight,
including enforcement actions against operators of unmanned aircraft
systems that are not in compliance with applicable Federal aviation
laws, including regulations.
(b) Civil Penalties.--
(1) In general.--Section 46301 is amended--
(A) in subsection (a)(1)(A), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717 and
44719-44723),'';
(B) in subsection (a)(5), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717-
44723),'';
(C) in subsection (d)(2), by inserting ``chapter
448,'' after ``chapter 447 (except sections 44717 and
44719-44723),''; and
(D) in subsection (f), by inserting ``chapter
448,'' after ``chapter 447 (except 44717 and 44719-
44723),''.
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit the authority of the Administrator to
pursue an enforcement action for a violation of this Act, a
regulation prescribed or order or authority issued under this
Act, or any other applicable provision of aviation safety law
or regulation.
(c) Reporting.--As part of the program, the Administrator shall
establish and publicize a mechanism for the public and Federal, State,
and local law enforcement to report a suspected abuse or a violation of
chapter 448 of title 49, United States Code, for enforcement action.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of the
fiscal years 2016 through 2017.
SEC. 2134. AVIATION EMERGENCY SAFETY PUBLIC SERVICES DISRUPTION.
(a) In General.--Chapter 463 is amended--
(1) in section 46301(d)(2), by inserting ``section 46320,''
after ``section 46319,''; and
(2) by adding at the end the following:
``Sec. 46320. Interference with firefighting, law enforcement, or
emergency response activities
``(a) Prohibition.--No person may operate an aircraft so as to
interfere with firefighting, law enforcement, or emergency response
activities.
``(b) Definition.--For purposes of this section, an aircraft
interferes with the activities specified in subsection (a) when its
operation prevents the initiation of, interrupts, or endangers a person
or property engaged in those activities.
``(c) Civil Penalty.--A person violating subsection (a) shall be
liable for a civil penalty of not more than $20,000.
``(d) Compromise and Setoff.--The United States Government may
deduct the amount of a civil penalty imposed or compromised under this
section from the amounts the Government owes the person liable for the
penalty.''.
(b) Table of Contents.--The table of contents for chapter 463 is
amended by inserting after the item relating to section 46319 the
following:
``46320. Interference with firefighting, law enforcement, or emergency
response activities.''.
SEC. 2135. PILOT PROJECT FOR AIRPORT SAFETY AND AIRSPACE HAZARD
MITIGATION.
(a) In General.--The Administrator of the Federal Aviation
Administration shall carry out a pilot program for airspace hazard
mitigation at airports and other critical infrastructure.
(b) Consultation.--In carrying out the pilot program under
subsection (a), the Administrator shall work with the Secretary of
Defense, Secretary of Homeland Security, and the heads of relevant
Federal agencies for the purpose of ensuring technologies that are
developed, tested, or deployed by those departments and agencies to
mitigate threats posed by errant or hostile unmanned aircraft system
operations do not adversely impact or interfere with safe airport
operations, navigation, and air traffic services.
(c) Authorization of Appropriations.--There is authorized to be
appropriated from the Airport and Airway Trust Fund to carry out this
section $6,000,000, to remain available until expended.
SEC. 2136. CONTRIBUTION TO FINANCING OF REGULATORY FUNCTIONS.
(a) In General.--Chapter 448, as amended by section 2131 of this
Act, is further amended by inserting after section 44810 the following:
``Sec. 44811. Regulatory and administrative fees
``(a) In General.--Subject to subsection (b), the Administrator may
assess and collect regulatory and administrative fees to recover the
costs of regulatory and administrative activities under this chapter
related to authorization to operate unmanned aircraft systems for
compensation or hire, or in the furtherance of a business enterprise.
``(b) Limitations.--Fees authorized under subsection (a) shall be
reasonable, cost-based relative to the regulatory or administrative
activity, and may not be discriminatory or a deterrent to compliance.
``(c) Receipts Credited to Account.--Notwithstanding section 3302
of title 31, all fees and amounts collected under this section shall be
credited to the separate account established under section 45303(c).
Section 41742 shall not apply to fees and amounts collected under this
section.
``(d) Regulations.--Not later than 1 year after the date of
enactment of the Federal Aviation Administration Reauthorization Act of
2016, the Administrator shall issue regulations to carry out this
section.''.
(b) Table of Contents.--The table of contents for chapter 448, as
amended by section 2131 of this Act, is further amended by inserting
after the item relating to section 44810 the following:
``44811. Regulatory and administrative fees.''.
SEC. 2137. SENSE OF CONGRESS REGARDING SMALL UAS RULEMAKING.
It is the sense of the Congress that the Administrator of the
Federal Aviation Administration and Secretary of Transportation should
take every necessary action to expedite final action on the notice of
proposed rulemaking dated February 23, 2015 (80 Fed. Reg. 9544),
entitled ``Operation and Certification of Small Unmanned Aircraft
Systems''.
SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAFFIC MANAGEMENT.
(a) Research Plan for UTM Development.--
(1) In general.--The Administrator of the Federal Aviation
Administration, in coordination with the Administrator of the
National Aeronautics and Space Administration, shall develop a
research plan for unmanned aircraft systems traffic management
(referred to in this section as ``UTM'') development.
(2) Requirements.--In developing the research plan under
paragraph (1), the Administrator shall--
(A) identify research goals related to:
(i) operational parameters related to
altitude, geographic coverage, classes of
airspace, and critical infrastructure;
(ii) avionics capability requirements or
standards;
(iii) operator identification and
authentication requirements and capabilities;
(iv) communication protocols with air
traffic control facilities that will not
interfere with existing responsibility to
deconflict manned aircraft in the national
airspace system;
(v) collision avoidance requirements;
(vi) separation standards for manned and
unmanned aircraft; and
(vii) spectrum needs;
(B) evaluate options for the administration and
management structure for the traffic management of low
altitude operations of small unmanned aircraft systems;
and
(C) ensure the plan is consistent with the broader
Federal Aviation Administration regulatory and
operational framework encompassing all unmanned
aircraft systems operations expected to be authorized
in the national airspace system.
(3) Assessment.--The research plan under paragraph (1)
shall include an assessment of--
(A) the ability to allow near-term small unmanned
aircraft system operations without need of an automated
UTM system;
(B) the full range of operational capability any
automated UTM system should possess;
(C) the operational characteristics and metrics
that would drive incremental adoption of automated
capability and procedures consistent with a rising
aggregate community demand for service for low altitude
operations of small unmanned aircraft systems; and
(D) the integration points for small unmanned
aircraft system traffic management with the existing
national airspace system planning and traffic
management systems.
(4) Deadlines.--The Administrator shall--
(A) initiate development of the research plan not
later than 90 days after the date of enactment of this
Act; and
(B) not later than 180 days after the date of
enactment of this Act--
(i) complete the research plan;
(ii) submit the research plan to the
appropriate committees of Congress; and
(iii) publish the research plan on the
Federal Aviation Administration's Web site.
(b) Pilot Program.--
(1) In general.--Not later than 120 days after the date the
research plan under subsection (a) is submitted under paragraph
(4)(B) of that subsection, the Administrator of the Federal
Aviation Administration shall coordinate with the Administrator
of the National Aeronautics and Space Administration and the
small unmanned aircraft systems industry to develop operational
concepts and top-level system requirements for a UTM system
pilot program, consistent with subsection (a).
(2) Solicitation.--The Administrator shall issue a
solicitation for operational prototype systems that meet the
necessary objectives for use in a pilot program to demonstrate,
validate, or modify, as appropriate, the requirements developed
under paragraph (1).
(c) Comprehensive Plan.--
(1) In general.--Not later than 270 days after the date the
pilot program under subsection (b) is complete, the
Administrator of the Federal Aviation Administration, in
coordination with the Administrator of the National Aeronautics
and Space Administration, and in consultation with the head of
each relevant Federal agency, shall develop a comprehensive
plan for the deployment of UTM systems in the national
airspace.
(2) System requirements.--The comprehensive plan under
paragraph (1) shall include requirements or standards
consistent with established or planned rulemaking for, at a
minimum--
(A) the flight of small unmanned aircraft systems
in controlled and uncontrolled airspace;
(B) communications, as applicable--
(i) among small unmanned aircraft systems;
(ii) between small unmanned aircraft
systems and manned aircraft operating in the
same airspace; and
(iii) between small unmanned aircraft
systems and air traffic control as considered
necessary; and
(C) air traffic management for small unmanned
aircraft systems operations.
(d) System Implementation.--Based on the comprehensive plan under
subsection (c), including the requirements under paragraph (2) of that
subsection, and the pilot program under subsection (b), the
Administrator shall determine the operational need and implementation
schedule for evolutionary use of automation support systems to separate
and deconflict manned and unmanned aircraft systems.
SEC. 2139. EMERGENCY EXEMPTION PROCESS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall publish guidance for applications for, and procedures for the
processing of, on an emergency basis, exemptions or certificates of
authorization or waiver for the use of unmanned aircraft systems by
civil or public operators in response to a catastrophe, disaster, or
other emergency to facilitate emergency response operations, such as
firefighting, search and rescue, and utility and infrastructure
restoration efforts. This guidance shall outline procedures for
operations under both sections 44805 and 44807, of title 49, United
States Code, with priority given to applications for public unmanned
aircraft systems engaged in emergency response activities.
(b) Requirements.--In providing guidance under subsection (a), the
Administrator shall--
(1) make explicit any safety requirements that must be met
for the consideration of applications that include requests for
beyond visual line of sight, nighttime operations, or the
suspension of otherwise applicable operating restrictions,
consistent with public interest and safety; and
(2) explicitly state the procedures for coordinating with
an incident commander, if any, to ensure operations granted
under procedures developed under subsection (a) do not
interfere with manned catastrophe, disaster, or other emergency
response operations or otherwise impact response efforts.
(c) Review.--In processing applications on an emergency basis for
exemptions or certificates of authorization or waiver for unmanned
aircraft systems operations in response to a catastrophe, disaster, or
other emergency, the Administrator of the Federal Aviation
Administration shall act on such applications as expeditiously as
practicable and without requiring public notice and comment.
SEC. 2140. PUBLIC UAS OPERATIONS BY TRIBAL GOVERNMENTS.
(a) Public UAS Operations by Tribal Governments.--Section
40102(a)(41) 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
consecutive 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) is amended by striking
``or (D)'' and inserting ``(D), or (F)''.
SEC. 2141. CARRIAGE OF PROPERTY BY SMALL UNMANNED AIRCRAFT SYSTEMS FOR
COMPENSATION OR HIRE.
(a) In General.--Chapter 448, as amended by section 2136 of this
Act, is further amended by adding after section 44811 the following:
``Sec. 44812. Carriage of property by small unmanned aircraft systems
for compensation or hire
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary of Transportation shall issue
a final rule authorizing the carriage of property by operators of small
unmanned aircraft systems for compensation or hire within the United
States.
``(b) Contents.--The final rule required under subsection (a) shall
provide for the following:
``(1) Small uas air carrier certificate.--The Administrator
of the Federal Aviation Administration, at the direction of the
Secretary, shall establish a certificate (to be known as a
`small UAS air carrier certificate') for persons that undertake
directly, by lease, or other arrangement the operation of small
unmanned aircraft systems to carry property in air
transportation, including commercial fleet operations with
highly automated unmanned aircraft systems. The requirements to
operate under a small UAS air carrier certificate shall--
``(A) consider the unique characteristics of highly
automated, small unmanned aircraft systems; and
``(B) include requirements for the safe operation
of small unmanned aircraft systems that, at a minimum,
address--
``(i) airworthiness of small unmanned
aircraft systems;
``(ii) qualifications for operators and the
type and nature of the operations; and
``(iii) operating specifications governing
the type and nature of the unmanned aircraft
system air carrier operations.
``(2) Small uas air carrier certification process.--The
Administrator, at the direction of the Secretary, shall
establish a process for the issuance of small UAS air carrier
certificates established pursuant to paragraph (1) that is
performance-based and ensures required safety levels are met.
Such certification process shall consider--
``(A) safety risks and the mitigation of those
risks associated with the operation of highly
automated, small unmanned aircraft around other manned
and unmanned aircraft, and over persons and property on
the ground;
``(B) the competencies and compliance programs of
manufacturers, operators, and companies that
manufacture, operate, or both small unmanned aircraft
systems and components; and
``(C) compliance with the requirements established
pursuant to paragraph (1).
``(3) Small uas air carrier classification.--The Secretary
shall develop a classification system for persons issued small
UAS air carrier certificates pursuant to this subsection to
establish economic authority for the carriage of property by
small unmanned aircraft systems for compensation or hire. Such
classification shall only require--
``(A) registration with the Department of
Transportation; and
``(B) a valid small UAS air carrier certificate
issued pursuant to this subsection.''.
(b) Table of Contents.--The table of contents for chapter 448, as
amended by section 2136 of this Act, is further amended by adding after
the item relating to section 44811 the following:
``44812. Carriage of property by small unmanned aircraft systems for
compensation or hire.''.
SEC. 2142. COLLEGIATE TRAINING INITIATIVE PROGRAM FOR UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a Collegiate Training Initiative program
relating to unmanned aircraft systems by making new agreements or
continuing existing agreements with institutions of higher education
(as defined by the Administrator) under which the institutions prepare
students for careers involving unmanned aircraft systems. The
Administrator may establish standards for the entry of such
institutions into the program and for their continued participation in
the program.
(b) Unmanned Aircraft System Defined.--In this section, the term
``unmanned aircraft system'' has the meaning given that term by section
44801 of title 49, United States Code, as added by section 2121 of this
Act.
SEC. 2143. INCORPORATION OF FEDERAL AVIATION ADMINISTRATION OCCUPATIONS
RELATING TO UNMANNED AIRCRAFT INTO VETERANS EMPLOYMENT
PROGRAMS OF THE ADMINISTRATION.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Federal Aviation Administration, in
consultation with the Secretary of Veterans Affairs, the Secretary of
Defense, and the Secretary of Labor, shall determine whether
occupations of the Administration relating to unmanned aircraft systems
technology and regulations can be incorporated into the Veterans
Employment Program of the Administration, particularly in the
interaction between such program and the New Sights Work Experience
Program and the Vet-Link Cooperative Education Program.
PART III--TRANSITION AND SAVINGS PROVISIONS
SEC. 2151. SENIOR ADVISOR FOR UNMANNED AIRCRAFT SYSTEMS INTEGRATION.
(a) In General.--There shall be in the Federal Aviation
Administration a Senior Advisor for Unmanned Aircraft Systems
Integration.
(b) Qualifications.--The Senior Advisor for Unmanned Aircraft
Systems Integration shall have a demonstrated ability in management and
knowledge of or experience in aviation.
(c) Responsibilities.--Unless otherwise determined by the
Administrator of the Federal Aviation Administration--
(1) the Senior Advisor shall report directly to the Deputy
Administrator of the Federal Aviation Administration; and
(2) the responsibilities of the Senior Advisor shall
include the following:
(A) Providing advice to the Administrator and
Deputy Administrator related to the integration of
unmanned aircraft systems into the national airspace
system.
(B) Reviewing and evaluating Federal Aviation
Administration policies, activities, and operations
related to unmanned aircraft systems.
(C) Facilitating coordination and collaboration
among components of the Federal Aviation Administration
with respect to activities related to unmanned aircraft
systems integration.
(D) Interacting with Congress, and Federal, State,
or local agencies, and stakeholder organizations whose
operations and interests are affected by the activities
of the Federal Aviation Administration on matters
related to unmanned aircraft systems integration.
SEC. 2152. EFFECT ON OTHER LAWS.
(a) Federal Preemption.--No State or political subdivision of a
State may enact or enforce any law, regulation, or other provision
having the force and effect of law relating to the design, manufacture,
testing, licensing, registration, certification, operation, or
maintenance of an unmanned aircraft system, including airspace,
altitude, flight paths, equipment or technology requirements, purpose
of operations, and pilot, operator, and observer qualifications,
training, and certification.
(b) Preservation of State and Local Authority.--Nothing in this
subtitle shall be construed to limit a State or local government's
authority to enforce Federal, State, or local laws relating to
nuisance, voyeurism, privacy, data security, harassment, reckless
endangerment, wrongful death, personal injury, property damage, or
other illegal acts arising from the use of unmanned aircraft systems if
such laws are not specifically related to the use of an unmanned
aircraft system.
(c) No Preemption of Common Law or Statutory Causes of Action.--
Nothing in this subtitle, nor any standard, rule, requirement, standard
of performance, safety determination, or certification implemented
pursuant to this subtitle, shall be construed to preempt, displace, or
supplant any State or Federal common law rights or any State or Federal
statute creating a remedy for civil relief, including those for civil
damage, or a penalty for a criminal conduct. Notwithstanding any other
provision of this subtitle, nothing in this subtitle, nor any
amendments made by this subtitle, shall preempt or preclude any cause
of action for personal injury, wrongful death, property damage, or
other injury based on negligence, strict liability, products liability,
failure to warn, or any other legal theory of liability under any State
law, maritime law, or Federal common law or statutory theory.
SEC. 2153. SPECTRUM.
(a) In General.--Small unmanned aircraft systems may operate
wireless control link, tracking, diagnostics, payload communication,
and collaborative-collision avoidance, such as vehicle-to-vehicle
communication, and other uses, if permitted by and consistent with the
Communications Act of 1934 (47 U.S.C. 151 et seq.), Federal
Communications Commission rules, and the safety-of-life determination
made by the Federal Aviation Administration, and with carrier consent,
whether they are operating within the UTM system under section 2138 of
this Act or outside such a system.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration, the
National Telecommunications and Information Administration, and the
Federal Communications Commission, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Energy and Commerce of the House of Representatives a
report--
(1) on whether small unmanned aircraft systems operations
should be permitted to operate on spectrum designated for
aviation use, on an unlicensed, shared, or exclusive basis, for
operations within the UTM system or outside of such a system;
(2) that addresses any technological, statutory,
regulatory, and operational barriers to the use of such
spectrum; and
(3) that, if it is determined that spectrum designated for
aviation use is not suitable for operations by small unmanned
aircraft systems, includes recommendations of other spectrum
frequencies that may be appropriate for such operations.
SEC. 2154. APPLICATIONS FOR DESIGNATION.
(a) Applications for Designation.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Transportation
shall establish a process to allow applicants to petition the
Administrator of the Federal Aviation Administration to prohibit or
otherwise limit the operation of an aircraft, including an unmanned
aircraft, over, under, or within a specified distance from a fixed site
facility.
(b) Review Process.--
(1) Application procedures.--
(A) In general.--The Administrator shall establish
the procedures for the application for designation
under subsection (a).
(B) Requirements.--The procedures shall--
(i) allow individual fixed site facility
applications; and
(ii) allow for a group of similar
facilities to apply for a collective
designation.
(C) Considerations.--In establishing the
procedures, the Administrator shall consider how the
process will apply to--
(i) critical infrastructure, such as energy
production, transmission, and distribution
facilities and equipment;
(ii) oil refineries and chemical
facilities;
(iii) amusement parks; and
(iv) other locations that may benefit from
such restrictions.
(2) Determination.--
(A) In general.--The Secretary shall provide for a
determination under the review process established
under subsection (a) not later than 90 days from the
date of application, unless the applicant is provided
with written notice describing the reason for the
delay.
(B) Affirmative designations.--An affirmative
designation shall outline--
(i) the boundaries for unmanned aircraft
operation near the fixed site facility; and
(ii) such other limitations that the
Administrator determines may be appropriate.
(C) Considerations.--In making a determination
whether to grant or deny an application for a
designation, the Administrator may consider--
(i) aviation safety;
(ii) personal safety of the uninvolved
public;
(iii) national security; or
(iv) homeland security.
(D) Opportunity for resubmission.--If an
application is denied and the applicant can reasonably
address the reason for the denial, the Administrator
may allow the applicant to reapply for designation.
(c) Public Information.--Designations under subsection (a) shall be
published by the Federal Aviation Administration on a publicly
accessible website.
SEC. 2155. USE OF UNMANNED AIRCRAFT SYSTEMS AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish procedures and standards, as applicable,
to facilitate the safe operation of unmanned aircraft systems by
institutions of higher education, including faculty, students, and
staff.
(b) Standards.--The procedures and standards required under
subsection (a) shall outline risk-based operational parameters to
ensure the safety of the national airspace system and the uninvolved
public that facilitates the use of unmanned aircraft systems for
educational or research purposes.
(c) Unmanned Aircraft System Approval.--The procedures required
under subsection (a) shall allow unmanned aircraft systems operated
under this section to be modified for research purposes without
iterative approval from the Administrator.
(d) Additional Procedures.--The Administrator shall establish a
procedure to provide for streamlined, risk-based operational approval
for unmanned aircraft systems operated by institutions of higher
education, including faculty, students, and staff, outside of the
parameters or purposes set forth in subsection (b).
(e) Deadlines.--
(1) In general.--If, by the date that is 270 days after the
date of enactment of this Act, the Administrator has not set
forth standards and procedures required under subsections (a),
(b), and (c), an institution of higher education may--
(A) without specific approval from the Federal
Aviation Administration, operate small unmanned
aircraft at model aircraft fields approved by the
Academy of Model Aeronautics and with the permission of
the local club of the Academy of Model Aeronautics; and
(B) submit to the Federal Aviation Administration
applications for approval of the institution's
designation of 1 or more outdoor flight fields.
(2) Consequence of failure to approve.--If the
Administrator does not take action with respect to an
application submitted under paragraph (1)(B) within 30 days of
the submission of the application, the failure to do so shall
be treated as approval of the application.
(f) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term by section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(2) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given the term in section 44801 of
title 49, United States Code, as added by section 2121 of this
Act.
(3) Educational or research purposes.--The term
``educational 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 use of unmanned
aircraft systems by student organizations recognized by
the institution, if such use has been approved by the
institution;
(C) activities undertaken by the institution as
part of research projects, including research projects
sponsored by the Federal Government; and
(D) other academic activities at the institution,
including general research, engineering, and robotics.
SEC. 2156. TRANSITION LANGUAGE.
(a) Regulations.--Notwithstanding the repeals under sections
2122(b)(2), 2125(b)(2), 2126(b)(2), 2128(b)(2), and 2129(b)(2) of this
Act, all orders, determinations, rules, regulations, permits, grants,
and contracts, which have been issued under any law described under
subsection (b) of this section on or before the effective date of this
Act shall continue in effect until modified or revoked by the Secretary
of Transportation, acting through the Administrator of the Federal
Aviation Administration, as applicable, by a court of competent
jurisdiction, or by operation of law other than this Act.
(b) Laws Described.--The laws described under this subsection are
as follows:
(1) Section 332(c) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 40101 note).
(2) Section 332(d) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 40101 note).
(3) Section 333 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(4) Section 334 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(5) Section 336 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
(c) Effect on Pending Proceedings.--This Act shall not affect
administrative or judicial proceedings pending on the effective date of
this Act.
PART IV--OPERATOR SAFETY
SEC. 2161. SHORT TITLE.
This part may be cited as the ``Drone Operator Safety Act''.
SEC. 2162. FINDINGS; SENSE OF CONGRESS.
(a) Finding.--Congress finds that educating operators of unmanned
aircraft about the laws and regulations that govern such aircraft helps
to ensure their safe operation.
(b) Sense of Congress.--It is the sense of Congress that the
Administrator of the Federal Aviation Administration should continue to
prioritize the education of operators of unmanned aircraft through
public outreach efforts like the ``Know Before You Fly'' campaign.
SEC. 2163. UNSAFE OPERATION OF UNMANNED AIRCRAFT.
(a) In General.--Chapter 2 of title 18, United States Code, is
amended--
(1) in section 31--
(A) in subsection (a)--
(i) by redesignating paragraph (10) as
paragraph (11); and
(ii) by inserting after paragraph (9) the
following:
``(10) Unmanned aircraft.--The term `unmanned aircraft' has
the meaning given such term in section 44801 of title 49.'';
and
(B) in subsection (b), by inserting ```airport',''
before ```appliance'''; and
(2) by inserting after section 39A the following:
``Sec. 39B. Unsafe operation of unmanned aircraft
``(a) Offense.--Any person who operates an unmanned aircraft and,
in so doing, knowingly or recklessly interferes with, or disrupts the
operation of, an aircraft carrying 1 or more occupants operating in the
special aircraft jurisdiction of the United States, in a manner that
poses an imminent safety hazard to such occupants, shall be punished as
provided in subsection (b).
``(b) Penalty.--
``(1) In general.--Except as provided in paragraph (2), the
punishment for an offense under subsection (a) shall be a fine
under this title, imprisonment for not more than 1 year, or
both.
``(2) Serious bodily injury or death.--Any person who
attempts to cause, or knowingly or recklessly causes, serious
bodily injury or death during the commission of an offense
under subsection (a) shall be fined under this title,
imprisoned for any term of years or for life, or both.
``(c) Operation of Unmanned Aircraft in Close Proximity to
Airports.--
``(1) In general.--The operation of an unmanned aircraft
within a runway exclusion zone shall be considered a violation
of subsection (a) unless such operation is approved by the
airport's air traffic control facility or is the result of a
circumstance, such as a malfunction, that could not have been
reasonably foreseen or prevented by the operator.
``(2) Runway exclusion zone defined.--In this subsection,
the term `runway exclusion zone' means a rectangular area--
``(A) centered on the centerline of an active
runway of an airport immediately around which the
airspace is designated as class B, class C, or class D
airspace at the surface under part 71 of title 14, Code
of Federal Regulations; and
``(B) the length of which extends parallel to the
runway's centerline to points that are 1 statute mile
from each end of the runway and the width of which is
\1/2\ statute mile.''.
(b) Clerical Amendment.--The table of sections for chapter 2 of
title 18, United States Code, is amended by inserting after the item
relating to section 39A the following:
``39B. Unsafe operation of unmanned aircraft.''.
Subtitle B--FAA Safety Certification Reform
PART I--GENERAL PROVISIONS
SEC. 2211. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Advisory committee.--The term ``Advisory Committee''
means the Safety Oversight and Certification Advisory Committee
established under section 2212.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Systems safety approach.--The term ``systems safety
approach'' means the application of specialized technical and
managerial skills to the systematic, forward-looking
identification and control of hazards throughout the lifecycle
of a project, program, or activity.
SEC. 2212. 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 in accordance with this section.
(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 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 prioritizing
safety-related rules.
(8) Enhancing global competitiveness of U.S. manufactured
and FAA type-certificate aircraft products and services
throughout the world.
(c) Functions.--In carrying out its duties under subsection (b)
related to FAA safety oversight and certification programs and
activities, the Advisory Committee shall--
(1) foster aviation stakeholder 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, aerospace, and avionics
manufacturing; and
(v) unmanned aircraft systems industry; and
(B) the public;
(3) recommend consensus national goals, strategic
objectives, and priorities for the most efficient, streamlined,
and cost-effective safety oversight and certification processes
in order to maintain the safety of the aviation system while
allowing the FAA to meet future needs and ensure that aviation
stakeholders remain competitive in the global marketplace;
(4) provide policy recommendations for the FAA's safety
oversight and certification efforts;
(5) periodically review and provide recommendations
regarding the FAA's safety oversight and certification 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
aviation industry;
(9) recommend performance metrics for the FAA and the
aviation industry to be tracked and reviewed as streamlining
certification reform, flight standards reform, and regulation
standardization efforts progress;
(10) provide a venue for tracking progress toward national
goals and sustaining joint commitments;
(11) recommend recruiting, hiring, staffing levels,
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) encourage the validation of U.S. manufactured and FAA
type-certificate aircraft products and services throughout the
world; and
(15) any other functions as determined appropriate by the
chairperson of the Advisory Committee and the Administrator.
(d) Membership.--
(1) Voting members.--The Advisory Committee shall be
composed of the following voting members:
(A) The Administrator, or the Administrator's
designee.
(B) At least 1 representative, appointed by the
Secretary, of each of the following:
(i) Aircraft and engine manufacturers.
(ii) Avionics and equipment manufacturers.
(iii) Aviation labor organizations,
including collective bargaining representatives
of FAA aviation safety inspectors and aviation
safety engineers.
(iv) General aviation operators.
(v) Air carriers.
(vi) Business aviation operators.
(vii) Unmanned aircraft systems
manufacturers and operators.
(viii) Aviation safety management experts.
(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.--A nonvoting member may--
(i) take part in deliberations of the
Advisory Committee; and
(ii) provide input with respect to any
report or recommendation of the Advisory
Committee.
(C) Limitation.--A nonvoting member 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 shall be appointed for a term of 2 years.
(4) Rule of 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) Committee Characteristics.--The Advisory Committee shall have
the following characteristics:
(1) Each voting member under subsection (d)(1)(B) shall be
an executive that has decision authority within the member's
organization and can represent and enter into commitments on
behalf of that organization in a way that serves the entire
group of organizations that member represents under that
subsection.
(2) The ability to obtain necessary information from
experts in the aviation and aerospace communities.
(3) A membership size that enables the Advisory Committee
to have substantive discussions and reach consensus on issues
in an expeditious manner.
(4) Appropriate expertise, including expertise in
certification and risk-based safety oversight processes,
operations, policy, technology, labor relations, training, and
finance.
(f) Chairperson.--
(1) In general.--The chairperson of the Advisory Committee
shall be appointed by the Secretary from among the voting
members under subsection (d)(1)(B).
(2) Term.--Each member appointed under paragraph (1) shall
serve a term of 2 years as chairperson.
(g) Meetings.--
(1) Frequency.--The Advisory Committee shall convene at
least 2 meetings a year at the call of the chairperson.
(2) Public attendance.--Each meeting of the Advisory
Committee shall be open and accessible to the public.
(h) Special Committees.--
(1) Establishment.--The Advisory Committee may establish 1
or more 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 subsection (c)(2).
(2) Rulemaking advice.--A special committee established by
the Advisory Committee may--
(A) provide rulemaking advice and recommendations
to the Advisory Committee;
(B) provide the FAA additional opportunities to
obtain firsthand information and insight from those
persons that are most affected by existing and proposed
regulations; and
(C) assist in expediting the development, revision,
or elimination of rules in accordance with, and without
circumventing, established public rulemaking processes
and procedures.
(3) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to a special
committee under this subsection.
(i) Sunset.--The Advisory Committee shall cease to exist on
September 30, 2017.
PART II--AIRCRAFT CERTIFICATION REFORM
SEC. 2221. AIRCRAFT CERTIFICATION PERFORMANCE OBJECTIVES AND METRICS.
(a) In General.--Not later than 120 days after the date the
Advisory Committee is established under section 2212, 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 proposals
recommended by the Advisory Committee under paragraphs (8) and (9) of
section 2212(c).
(c) Performance Objectives.--In establishing performance objectives
under subsection (a), the Administrator shall ensure progress is made
toward, at a minimum--
(1) eliminating certification delays and improving cycle
times;
(2) increasing accountability for both 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 the
certification actions between the FAA and bilateral partners;
(9) maintaining and improving safety;
(10) streamlining the hiring process for--
(A) qualified systems safety engineers at staffing
levels to support the FAA's efforts to implement a
systems safety approach; and
(B) qualified systems safety 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--
(1) apply and track performance metrics for the FAA and the
aviation industry; and
(2) transmit to the appropriate committees of Congress an
annual report on tracking the progress toward full
implementation of the recommendations under section 2212.
(e) Data.--
(1) Baselines.--Not later than 1 year after the date the
Advisory Committee recommends initial performance metrics under
section 2212(c)(9), the Administrator shall generate initial
data with respect to each of the performance metrics applied
and tracked under this section.
(2) Benchmarks.--The Administrator shall use the
performance metrics applied and tracked under this section to
generate data on an ongoing basis and to measure progress
toward the consensus national goals, strategic objectives, and
priorities recommended under section 2212(c)(3).
(f) Publication.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make data generated using the performance
metrics applied and tracked under this section available in a
searchable, sortable, and downloadable format through the
Internet Web site of the FAA or other appropriate methods.
(2) Limitations.--The Administrator shall make the data
under paragraph (1) available in a manner that--
(A) protects from disclosure identifying
information regarding an individual or entity; and
(B) protects from inappropriate disclosure
proprietary information.
SEC. 2222. ORGANIZATION DESIGNATION AUTHORIZATIONS.
(a) In General.--Chapter 447 is amended by adding at the end the
following:
``Sec. 44736. Organization designation authorizations
``(a) Delegations of Functions.--
``(1) In general.--Except as provided in paragraph (3), in
the oversight of an ODA holder, the Administrator of the
Federal Aviation Administration, in accordance with Federal
Aviation Administration standards, 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
specified functions to be performed by the ODA holder
subject to regulations prescribed by the Administrator;
``(B) delegate fully to the ODA holder each of the
functions 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; and
``(C) conduct oversight activities, including by
inspecting the ODA holder's delegated functions and
taking action based on validated inspection findings.
``(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 Federal
Aviation Administration Reauthorization Act of 2016, the
Administrator shall--
``(A) at the request of the ODA holder, and in an
expeditious manner, consider revisions to the ODA
holder's procedures manual;
``(B) delegate fully to the ODA holder each of the
functions 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; and
``(C) conduct oversight activities, including by
inspecting the ODA holder's delegated functions and
taking action based on validated inspection findings.
``(b) ODA Office.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of Federal Aviation Administration
Reauthorization Act of 2016, the Administrator shall identify,
within the Office of Aviation Safety, a centralized policy
office to be responsible for the organization designation
authorization (referred to in this subsection as the ODA
Office). The Director of the ODA Office shall report to the
Director of the Aircraft Certification Service.
``(2) Purpose.--The purpose of the ODA Office shall be to
provide oversight and ensure consistency of the Federal
Aviation Administration audit functions under the ODA program
across the agency.
``(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 date of enactment of the Federal Aviation
Administration Reauthorization Act of 2016 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;
``(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 the Administration and the ODA holder
performance and ensure full use 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) expeditiously review a random sample of
limitations on delegated authorities under the ODA
program to determine if the limitations are
appropriate;
``(E) review and approve new limitations to ODA
functions; and
``(F) 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.
``(c) Definitions.--In this section:
``(1) ODA or organization designation authorization.--The
term `ODA' or `organization designation authorization' means an
authorization under section 44702(d) to perform approved
functions on behalf of the Administrator of the Federal
Aviation Administration under subpart D of part 183 of title
14, Code of Federal Regulations.
``(2) ODA holder.--The term `ODA holder' means an entity
authorized under section 44702(d)--
``(A) to which the Administrator of the Federal
Aviation Administration issues an ODA letter of
designation under subpart D of part 183 of title 14,
Code of Federal Regulations (or any corresponding
similar regulation or ruling); and
``(B) that is responsible for administering 1 or
more ODA units.
``(3) ODA program.--The term `ODA program' means the
program to standardize Federal Aviation Administration
management and oversight of the organizations that are approved
to perform certain functions on behalf of the Administration
under section 44702(d).
``(4) ODA unit.--The term `ODA unit' means a group of 2 or
more individuals under the supervision of an ODA holder who
perform the specified functions under an ODA.
``(5) Organization.--The term `organization' means a firm,
a partnership, a corporation, a company, an association, a
joint-stock association, or a governmental entity.''.
(b) Technical and Conforming Amendments.--The table of contents of
chapter 447 is amended by adding after the item relating to section
44735 the following:
``44736. Organization designation authorizations.''.
SEC. 2223. ODA REVIEW.
(a) Expert Review Panel.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Administrator of the FAA shall
convene a multidisciplinary expert review panel (referred to in
this section as the ``Panel'').
(2) Composition.--
(A) In general.--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) include representatives of 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 survey ODA holders and ODA program
applicants to document FAA safety oversight and certification programs
and activities, including the FAA's use of the ODA program and the
speed and efficiency of the certification process. In carrying out this
subsection, the Administrator shall consult with the appropriate survey
experts and the Panel to best design and conduct the survey.
(c) Assessment.--The Panel shall--
(1) conduct an assessment of--
(A) the FAA's processes and procedures under the
ODA program and whether the processes and procedures
function as intended;
(B) the best practices of and lessons learned by
ODA holders and the FAA personnel who provide oversight
of ODA holders;
(C) the performance incentive policies, related to
the ODA program for FAA personnel, that do not conflict
with the public interest;
(D) the training activities related to the ODA
program for FAA personnel and ODA holders; and
(E) 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
(2) make recommendations for improving FAA safety oversight
and certification programs and activities based on the results
of the survey under subsection (b) and each element of the
assessment under paragraph (1) of this subsection.
(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 established under section 2212,
and the appropriate committees of Congress a report on results of the
survey under subsection (b) and the assessment and recommendations
under subsection (c).
(e) Definitions.--The terms used in this section have the meanings
given the terms in section 44736 of title 49, United States Code.
(f) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Panel.
(g) Sunset.--The Panel shall terminate on the date the report is
submitted under subsection (d).
SEC. 2224. TYPE CERTIFICATION RESOLUTION PROCESS.
(a) In General.--Section 44704(a) 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 Federal Aviation
Administration Reauthorization Act of 2016, the
Administrator shall establish an effective,
expeditious, and milestone-based issue resolution
process for type certification activities under this
subsection.
``(B) Process requirements.--The resolution process
shall provide for--
``(i) the resolution of technical issues at
preestablished stages of the certification
process, as agreed to by the Administrator and
the type certificate applicant;
``(ii) the automatic escalation 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) the resolution of a major
certification process milestone escalated under
clause (ii) within a specific period of time
agreed to by the Administrator and the type
certificate applicant.
``(C) Definition of major certification process
milestone.--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 and Conforming Amendments.--Section 44704 is amended
in the heading by striking ``airworthiness certificates,,'' and
inserting ``airworthiness certificates,''.
SEC. 2225. SAFETY ENHANCING TECHNOLOGIES FOR SMALL GENERAL AVIATION
AIRPLANES.
(a) Policy.--In a manner consistent with the Small Airplane
Revitalization Act of 2013 (49 U.S.C. 44704 note), not later than 180
days after the date of enactment of this Act, the Administrator shall
establish and begin implementing a risk-based policy that streamlines
the installation of safety enhancing technologies for small general
aviation airplanes in a manner that reduces regulatory delays and
significantly improves safety.
(b) Inclusions.--The safety enhancing technologies for small
general aviation airplanes described in subsection (a) shall include,
at a minimum, the replacement or retrofit of primary flight displays,
auto pilots, engine monitors, and navigation equipment.
(c) Collaboration.--In carrying out this section, the Administrator
shall collaborate with general aviation operators, general aviation
manufacturers, and appropriate FAA labor organizations, including
representatives of FAA aviation safety inspectors and aviation safety
engineers, certified under section 7111 of title 5, United States Code.
(d) Definition of Small General Aviation Airplane.--In this
section, the term ``small general aviation airplane'' means an airplane
that--
(1) is certified to the standards of part 23 of title 14,
Code of Federal Regulations;
(2) has a seating capacity of not more than 9 passengers;
and
(3) is not used in scheduled passenger-carrying operations
under part 121 of title 14, Code of Federal Regulations.
SEC. 2226. STREAMLINING CERTIFICATION OF SMALL GENERAL AVIATION
AIRPLANES.
(a) Final Rulemaking.--Not later than December 31, 2016, the
Administrator shall issue a final rulemaking to comply with section 3
of the Small Airplane Revitalization Act of 2013 (49 U.S.C. 44704
note).
(b) Government Review.--The Federal Government's review process
shall be streamlined to meet the deadline in subsection (a).
PART III--FLIGHT STANDARDS REFORM
SEC. 2231. FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND METRICS.
(a) In General.--Not later than 120 days after the date the
Advisory Committee is established under section 2212, 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 2212(c).
(c) Performance Objectives.--In carrying out subsection (a), the
Administrator shall ensure that progress is made toward, at a minimum--
(1) eliminating delays with respect to such activities;
(2) increasing accountability for both FAA and the aviation
industry;
(3) fully implementing risk management principles and a
systems safety approach;
(4) reducing duplication of effort;
(5) promoting appropriate compliance activities and
eliminating inconsistent regulatory interpretations and
inconsistent enforcement activities;
(6) improving and providing greater opportunities for
training, including recurrent training, in auditing and a
systems safety approach to oversight;
(7) developing and allowing the use of a single master
source for guidance;
(8) providing and using a streamlined appeal process for
the resolution of regulatory interpretation questions;
(9) maintaining and improving safety; and
(10) increasing transparency.
(d) Performance Metrics.--In carrying out subsection (a), the
Administrator shall--
(1) apply and track performance metrics for the FAA and the
aviation industry; and
(2) transmit to the appropriate committees of Congress an
annual report tracking the progress toward full implementation
of the performance metrics under section 2212.
(e) Data.--
(1) Baselines.--Not later than 1 year after the date the
Advisory Committee recommends initial performance metrics under
section 2212(c)(9), the Administrator shall generate initial
data with respect to each of the performance metrics applied
and tracked that are approved based on the recommendations
required under this section.
(2) Benchmarks.--The Administrator shall use the
performance metrics applied and tracked under this section to
generate data on an ongoing basis and to measure progress
toward the consensus national goals, strategic objectives, and
priorities recommended under section 2212(c)(3).
(f) Publication.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make data generated using the performance
metrics applied and tracked under this section available in a
searchable, sortable, and downloadable format through the
Internet Web site of the FAA or other appropriate methods.
(2) Limitations.--The Administrator shall make the data
under paragraph (1) available in a manner that--
(A) protects from disclosure identifying
information regarding an individual or entity; and
(B) protects from inappropriate disclosure
proprietary information.
SEC. 2232. 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 (referred to in this section 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; and
(H) aviation safety experts.
(c) Duties.--The duties of the Task Force shall include, at a
minimum, identifying cost-effective best practices and providing
recommendations with respect to--
(1) simplifying and streamlining flight standards
regulatory processes;
(2) reorganizing the Flight Standards Service to establish
an entity organized by function rather than geographic region,
if appropriate;
(3) FAA aviation safety inspector training opportunities;
(4) FAA aviation safety inspector standards and
performance; and
(5) 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 enactment of
this Act, the Task Force shall submit to the Administrator, Advisory
Committee established under section 2212, and 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 action or cost-effective legislative action.
(e) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Task Force.
(f) Sunset.--The Task Force shall cease to exist on the date that
the Task Force submits the report required under subsection (d).
SEC. 2233. CENTRALIZED SAFETY GUIDANCE DATABASE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the FAA shall establish a
centralized safety guidance database for all of the regulatory guidance
issued by the FAA Office of Aviation Safety regarding compliance with 1
or more aviation safety-related provisions of the Code of Federal
Regulations.
(b) Requirements.--The database under subsection (a) shall--
(1) for each guidance, include a link to the specific
provision of the Code of Federal Regulations;
(2) subject to paragraph (3), be accessible to the public;
and
(3) be provided in a manner that--
(A) protects from disclosure identifying
information regarding an individual or entity; and
(B) protects from inappropriate disclosure
proprietary information.
(c) Data Entry Timing.--
(1) Existing documents.--Not later than 14 months after the
date the database is established, the Administrator shall have
completed entering into the database any applicable regulatory
guidance that are in effect and were issued before that date.
(2) New regulatory guidance and updates.--Beginning on the
date the database is established, the Administrator shall
ensure that any applicable regulatory guidance that are issued
on or after that date are entered into the database as they are
issued.
(d) 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.
(e) Definition of Regulatory Guidance.--In this section, the term
``regulatory guidance'' 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, and rulemaking
documents.
SEC. 2234. REGULATORY CONSISTENCY COMMUNICATIONS BOARD.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the FAA shall establish a
Regulatory Consistency Communications Board (referred to in this
section 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 labor
organizations representing FAA aviation safety engineers) and aviation
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) Recommend, at a minimum, processes by which--
(A) FAA personnel and persons regulated by the FAA
may submit regulatory interpretation questions without
fear of retaliation;
(B) FAA personnel may submit written questions 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 anonymous
regulatory interpretation questions.
(2) Meet on a regular basis to discuss and resolve
questions submitted under paragraph (1) and the appropriate
application of regulations and policy with respect to each
question.
(3) Provide to a person that submitted a question under
subparagraph (A) or subparagraph (B) of paragraph (1) an
expeditious written response to the question.
(4) Recommend a process to make the resolution of common
regulatory interpretation questions publicly available to FAA
personnel and the public in a manner that--
(A) does not reveal any identifying data of the
person that submitted a question; and
(B) protects any proprietary information.
(5) Ensure that responses to questions under this
subsection are incorporated into regulatory guidance (as
defined in section 2233(e)).
(e) Performance Metrics, Timelines, and Goals.--Not later than 180
days after the date that the Advisory Committee recommends performance
objectives and performance metrics for the FAA and the aviation
industry under paragraphs (8) and (9) of section 2212(c), 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 under subsection (d)(1); and
(2) implement a process for tracking the progress of the
Board in meeting the performance metrics, timelines, and goals
under paragraph (1).
SEC. 2235. FLIGHT STANDARDS SERVICE REALIGNMENT FEASIBILITY REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with relevant industry
stakeholders, shall--
(1) determine the feasibility of realigning flight
standards service regional field offices to specialized areas
of aviation safety oversight and technical expertise; and
(2) submit to the appropriate committees of Congress a
report on the findings under paragraph (1).
(b) Considerations.--In making a determination under subsection
(a), the Administrator shall consider a flight standards service
regional field office providing support in the area of its technical
expertise to flight standards district offices and certificate
management offices.
SEC. 2236. ADDITIONAL CERTIFICATION RESOURCES.
(a) In General.--Notwithstanding any other provision of law, and
subject to the requirements of subsection (b), the Administrator may
enter into a reimbursable agreement with an applicant or certificate
holder for the reasonable travel and per diem expenses of the FAA
associated with official travel to expedite the acceptance or
validation by a foreign authority of an FAA certificate or design
approval.
(b) Conditions.--The Administrator may enter into an agreement
under subsection (a) only if--
(1) the travel covered under the agreement is determined to
be necessary, by both the Administrator and the applicant or
certificate holder, to expedite the acceptance or validation of
the relevant certificate or approval;
(2) the travel is conducted at the request of the applicant
or certificate holder;
(3) the travel plans and expenses are approved by the
applicant or certificate holder prior to travel; and
(4) the agreement requires payment in advance of FAA
services and is consistent with the processes under section
106(l)(6) of title 49, United States Code.
(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--
(1) the number of occasions on which the Administrator
entered into reimbursable agreements under this section;
(2) the number of occasions on which the Administrator
declined a request by an applicant or certificate holder to
enter into a reimbursable agreement under this section;
(3) the amount of reimbursements collected in accordance
with agreements under this section; and
(4) the extent to which reimbursable agreements under this
section assisted in reducing the amount of time necessary for
foreign authorities' validations of FAA certificates and design
approvals.
(d) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a person that
has applied to a foreign authority for the acceptance or
validation of an FAA certificate or design approval.
(2) Certificate holder.--The term ``certificate holder''
means a person that holds a certificate issued by the
Administrator under part 21 of title 14, Code of Federal
Regulations.
PART IV--SAFETY WORKFORCE
SEC. 2241. SAFETY WORKFORCE TRAINING STRATEGY.
(a) Safety Workforce Training Strategy.--Not later than 60 days
after the date of enactment of this Act, the Administrator of the FAA
shall review and revise its safety workforce training strategy to
ensure that it--
(1) aligns with an effective risk-based approach to safety
oversight;
(2) best utilizes available resources;
(3) allows FAA employees participating in organization
management teams or conducting ODA program audits to complete,
expeditiously, 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, best practices,
and other areas of interest related to safety oversight;
(5) 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
(6) includes, as appropriate, milestones and metrics for
meeting the requirements of paragraphs (1) through (5).
(b) Report.--Not later that 270 days after the date the strategy is
established 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 or metrics included
in the strategy.
(c) Definitions.--In this section:
(1) ODA holder.--The term ``ODA holder'' has the meaning
given the term in section 44736 of title 49, United States
Code.
(2) ODA program.--The term ``ODA program'' has the meaning
given the term in section 44736(c)(3) of title 49, United
States Code, as added by this Act.
(3) Organization management team.--The term ``organization
management team'' means a group of FAA employees consisting of
FAA aviation safety engineers, flight test pilots, and aviation
safety inspectors overseeing an ODA holder and its specified
function delegated under section 44702 of title 49, United
States Code.
SEC. 2242. WORKFORCE STUDY.
(a) Workforce Study.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study to assess the workforce and training needs of the
Office of Aviation Safety of the Federal Aviation Administration and
take into consideration how those needs could be met.
(b) Contents.--The study under subsection (a) shall include--
(1) a review of the current staffing levels and
requirements for hiring and training, including recurrent
training, of aviation safety inspectors and aviation safety
engineers;
(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 an analysis
of the need for a systems engineering discipline within the
Federal Aviation Administration to guide the engineering of
complex systems, with an emphasis on auditing an ODA holder (as
defined in section 44736(c) of title 49, United States Code);
(3) a review of current performance incentive policies of
the Federal Aviation Administration, as applied to the Office
of Aviation Safety, including awards for performance;
(4) an analysis of ways the Federal Aviation Administration
can work with the aviation industry and FAA labor force to
establish knowledge-sharing opportunities between the Federal
Aviation Administration and the aviation industry in new
technologies, best practices, and other areas that could
improve the aviation safety regulatory system; and
(5) recommendations on the best and most cost-effective
approaches to address the needs of the current and future
projected aviation safety regulatory system, including
qualifications, training programs, and performance incentives
for relevant agency personnel.
(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 study required
under subsection (a).
PART V--INTERNATIONAL AVIATION
SEC. 2251. PROMOTION OF UNITED STATES AEROSPACE STANDARDS, PRODUCTS,
AND SERVICES ABROAD.
Section 40104 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--
``(1) to promote United States aerospace-related safety
standards abroad;
``(2) to facilitate and vigorously defend approvals of
United States aerospace products and services abroad;
``(3) with respect to bilateral partners, to use bilateral
safety agreements and other mechanisms to improve validation of
United States type certificated aeronautical products and
services 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, to streamline that country's validation
of United States aerospace standards, products, and
services.''.
SEC. 2252. BILATERAL EXCHANGES OF SAFETY OVERSIGHT RESPONSIBILITIES.
Section 44701(e) is amended by adding at the end the following:
``(5) Foreign airworthiness directives.--
``(A) Acceptance.--The Administrator shall 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 aeronautical safety 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 the 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;
and
``(iv) the aeronautical safety authority
utilizes an open and transparent public notice
and comment process in the issuance of
airworthiness directives.
``(B) Alternative approval process.--
Notwithstanding subparagraph (A), the Administrator may
issue a Federal Aviation Administration airworthiness
directive instead of accepting the airworthiness
directive issued by the aeronautical safety authority
of a foreign country 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 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 under that
subparagraph, the Administrator may approve an
alternative means of compliance with respect to
the airworthiness directive.''.
SEC. 2253. 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 type
certificated aeronautical products;
(3) provide assistance to United States companies who 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 type 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 Administrator'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 policy initiatives, regulatory initiatives,
or cost-effective legislative initiatives needed to improve and
enhance the timely acceptance of United States aerospace
products abroad.
(c) International Travel.--The Administrator of the FAA, or the
Administrator's designee, may authorize international travel for any
FAA employee, without the approval of any other person or entity, if
the Administrator determines that the travel is necessary--
(1) to promote United States aerospace safety standards; or
(2) to support expedited acceptance of FAA design and
production approvals.
SEC. 2254. REGISTRATION, CERTIFICATION, AND RELATED FEES.
Section 45305 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.''.
Subtitle C--Airline Passenger Safety and Protections
SEC. 2301. PILOT RECORDS DATABASE DEADLINE.
Section 44703(i)(2) is amended by striking ``The Administrator
shall establish'' and inserting ``Not later than April 30, 2017, the
Administrator shall establish and make available for use''.
SEC. 2302. ACCESS TO AIR CARRIER FLIGHT DECKS.
The Administrator of the Federal Aviation Administration shall
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.
SEC. 2303. AIRCRAFT TRACKING AND FLIGHT DATA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall assess current performance standards, and as appropriate, conduct
a rulemaking to revise the standards to improve near-term and long-term
aircraft tracking and flight data recovery, including retrieval,
access, and protection of such data after an incident or accident.
(b) Considerations.--In revising the performance standards under
subsection (a), the Administrator may consider--
(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) triggered transmission of flight data, and other
satellite-based solutions;
(4) distress-mode tracking; and
(5) protections against disabling flight recorder systems.
(c) Coordination.--If the performance standards under subsection
(a) are revised, the Administrator shall coordinate with international
regulatory authorities and the International Civil Aviation
Organization to ensure that any new international standard for aircraft
tracking and flight data recovery is consistent with a performance-
based approach and is implemented in a globally harmonized manner.
SEC. 2304. AUTOMATION RELIANCE IMPROVEMENTS.
(a) Modernization of Training.--Not later than October 1, 2017, the
Administrator of the Federal Aviation Administration shall review, and
update as necessary, recent guidance regarding pilot flight deck
monitoring that an air carrier can use to train and evaluate its pilots
to ensure that air carrier pilots are trained to use and monitor
automation systems while also maintaining proficiency in manual flight
operations consistent with the final rule entitled, ``Qualification,
Service, and Use of Crewmembers and Aircraft Dispatchers'', published
on November 12, 2013 (78 Fed. Reg. 67799).
(b) Considerations.--In reviewing and updating the guidance, the
Administrator shall--
(1) consider casualty driven scenarios during initial and
recurrent simulator instruction that focus on automation
complacency during system failure, including flight segments
when automation is typically engaged and should result in hand
flying the aircraft into a safe position while employing crew
resource management principles;
(2) consider the development of metrics or measurable tasks
an air carrier may use to evaluate the ability of pilots to
appropriately monitor flight deck systems;
(3) consider the development of metrics an air carrier may
use to evaluate manual flying skills and improve related
training;
(4) convene an expert panel, including members with
expertise in human factors, training, and flight operations--
(A) to evaluate and develop methods for training
flight crews to understand the functionality of
automated systems for flight path management;
(B) to identify and recommend to the Administrator
the most effective training methods that ensure that
pilots can apply manual flying skills in the event of
flight deck automation failure or an unexpected event;
and
(C) to identify and recommend to the Administrator
revision in the training guidance for flight crews to
address the needs identified in subparagraphs (A) and
(B); and
(5) develop any additional standards to be used for
guidance the Administrator considers necessary to determine
whether air carrier pilots receive sufficient training
opportunities to develop, maintain, and demonstrate manual
flying skills.
(c) DOT IG Review.--Not later than 2 years after the date the
Administrator reviews the guidance under subsection (a), the Inspector
General of the Department of Transportation shall review the air
carriers implementation of the guidance and the ongoing work of the
expert panel.
SEC. 2305. ENHANCED MENTAL HEALTH SCREENING FOR PILOTS.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall consider
the recommendations of the Pilot Fitness Aviation Rulemaking Committee
in determining whether to implement, as part of a comprehensive medical
certification process for pilots with a first- or second-class airman
medical certificate, additional screening for mental health conditions,
including depression and suicidal thoughts or tendencies, and assess
treatments that would address any risk associated with such conditions.
SEC. 2306. FLIGHT ATTENDANT DUTY PERIOD LIMITATIONS AND REST
REQUIREMENTS.
(a) Modification of Final Rule.--Not later than 1 year after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall revise the flight attendant duty period
limitations and rest requirements under section 121.467 of title 14,
Code of Federal Regulations.
(b) Contents.--Except as provided in subsection (c), in revising
the rule under subsection (a), the Administrator shall ensure that 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.
(c) Exception.--The rest period required under subsection (b) may
be scheduled or reduced to 9 consecutive hours if the flight attendant
is provided a subsequent rest period of at least 11 consecutive hours.
(d) 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 13, Code of Federal
Regulations (referred to in this subsection as a ``part 121 air
carrier''), shall submit a fatigue risk management plan for the
carrier's flight attendants to the Administrator for review and
acceptance.
(2) Contents of plan.--Each fatigue risk management plan
submitted under paragraph (1) shall include--
(A) current flight time and duty period
limitations;
(B) a rest scheme that is consistent with such
limitations and 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; and
(C) the development and use of 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--
(A) review each fatigue risk management plan
submitted under this subsection; and
(B)(i) accept the plan; or
(ii) reject the plan and provide the part 121 air
carrier with suggested modifications to be included
when the plan is resubmitted.
(4) Plan updates.--
(A) In general.--Not less frequently than once
every 2 years, each part 121 air carrier shall--
(i) update the fatigue risk management plan
submitted under paragraph (1); and
(ii) submit the updated plan to the
Administrator for review and acceptance.
(B) Review.--Not later than 1 year after the date
on which an updated plan is submitted under
subparagraph (A)(ii), the Administrator shall--
(i) review the updated plan; and
(ii)(I) accept the updated plan; or
(II) reject the updated plan and provide
the part 121 air carrier with suggested
modifications to be included when the updated
plan is resubmitted.
(5) Compliance.--Each part 121 air carrier shall comply
with its fatigue risk management plan after the plan 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 the purpose of
applying civil penalties under chapter 463 of such title.
SEC. 2307. TRAINING TO COMBAT HUMAN TRAFFICKING FOR CERTAIN AIR CARRIER
EMPLOYEES.
(a) In General.--Subchapter I of chapter 417 is amended by adding
at the end the following:
``Sec. 41725. Training to combat human trafficking
``(a) In General.--Each air carrier providing passenger air
transportation shall provide flight attendants who are employees or
contractors of the air carrier with training to combat human
trafficking in the course of carrying out their duties as employees or
contractors of the air carrier.
``(b) Elements of Training.--The training an air carrier is
required to provide under subsection (a) to flight attendants shall
include training with respect to--
``(1) common indicators of human trafficking; and
``(2) best practices for reporting suspected human
trafficking to law enforcement officers.
``(c) Materials.--An air carrier may provide the training required
by subsection (a) using modules and materials developed by the
Department of Transportation and the Department of Homeland Security,
including the training module and associated materials of the Blue
Lightning Initiative and modules and materials subsequently developed
and recommended by such Departments with respect to combating human
trafficking.
``(d) Interagency Coordination.--The Administrator of the Federal
Aviation Administration shall coordinate with the Secretary of Homeland
Security to ensure that appropriate training modules and materials are
available for air carriers to conduct the training required by
subsection (a).
``(e) Human Trafficking Defined.--In this section, the term `human
trafficking' means 1 or more severe forms of trafficking in persons (as
defined in section 103 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)).''.
(b) Conforming Amendment.--The table of contents for chapter 417 is
amended by inserting after the item relating to section 41724 the
following:
``41725. Training to combat human trafficking.''.
(c) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall submit to the appropriate committees of Congress a
report that includes--
(1) an assessment of the status of compliance of air
carriers with section 41725 of title 49, United States Code, as
added by subsection (a); and
(2) in collaboration with the Attorney General and the
Secretary of Homeland Security, recommendations for improving
the identification and reporting of human trafficking by air
carrier personnel while protecting the civil liberties of
passengers.
(d) Immunity for Reporting Human Trafficking.--Section 44941(a) is
amended by striking ``or terrorism, as defined by section 3077 of title
18, United States Code,'' and inserting ``human trafficking (as defined
by section 41725), or terrorism (as defined by section 3077 of title
18)''.
SEC. 2308. REPORT ON OBSOLETE TEST EQUIPMENT.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall submit to the appropriate committees of Congress a report on the
National Test Equipment Program (referred to in this section 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; and
(4) the Administrator's recommendations for increasing
multifunctionality in future test equipment to be developed and
all known and foreseeable manufacturer technological advances.
SEC. 2309. PLAN FOR SYSTEMS TO PROVIDE DIRECT WARNINGS OF POTENTIAL
RUNWAY INCURSIONS.
(a) In General.--Not later than June 30, 2016, the Administrator of
the Federal Aviation Administration shall--
(1) 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 and air traffic controllers of
potential runway incursions; and
(2) submit to the appropriate committees of Congress a
report on the assessment under paragraph (1), including any
recommendations.
(b) Considerations.--In conducting the assessment under subsection
(a), the Administration shall consider National Transportation Safety
Board findings and relevant aviation stakeholder views relating to
runway incursions.
SEC. 2310. LASER POINTER INCIDENTS.
(a) In General.--Beginning 90 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration, in
coordination with the Director of the Federal Bureau of Investigation,
shall provide quarterly updates to the appropriate committees of
Congress regarding--
(1) the number of incidents involving the beam from a laser
pointer (as defined in section 39A of title 18, United States
Code) being aimed at, or in the flight path of, an aircraft in
the airspace jurisdiction of the United States;
(2) the number of civil or criminal enforcement actions
taken by the Federal Aviation Administration, Department of
Transportation, or Department of Justice with regard to the
incidents described in paragraph (1), including the amount of
the civil or criminal penalties imposed on violators;
(3) the resolution of any incidents that did not result in
a civil or criminal enforcement action; and
(4) any actions the Department of Transportation or
Department of Justice has taken on its own, or in conjunction
with other Federal agencies or local law enforcement agencies,
to deter the type of activity described in paragraph (1).
(b) Civil Penalties.--The Administrator shall revise the maximum
civil penalty that may be imposed on an individual who aims the beam of
a laser pointer at an aircraft in the airspace jurisdiction of the
United States, or at the flight path of such an aircraft, to be
$25,000.
SEC. 2311. 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 of the Federal Aviation Administration,
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.--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.--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 the
implementation of that action.
(d) Incident and Accident Data.--Section 44731 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.''.
SEC. 2312. PART 135 ACCIDENT AND INCIDENT DATA.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration 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 to more accurately measure the
safety of on-demand Part 135 aircraft activity, to pinpoint
safety problems, and to form the basis for critical research
and analysis of general aviation issues; and
(2) submit to the appropriate committees of Congress a
report on the findings under paragraph (1), including a
description of the additional data to be collected, a timeframe
for implementing the additional data collection, and any
potential obstacles to implementation.
SEC. 2313. DEFINITION OF HUMAN FACTORS.
Section 40102(a), as amended by section 2140 of this Act, is
further amended--
(1) by redesignating paragraphs (24) through (47) as
paragraphs (25) through (48), respectively; and
(2) by inserting after paragraph (23) the following:
``(24) `human factors' means a multidisciplinary field that
generates and compiles information about human capabilities and
limitations and applies it to design, development, and
evaluation of equipment, systems, facilities, procedures, jobs,
environments, staffing, organizations, and personnel management
for safe, efficient, and effective human performance, including
people's use of technology.''.
SEC. 2314. SENSE OF CONGRESS; PILOT IN COMMAND AUTHORITY.
It is the sense of Congress that the pilot in command of an
aircraft is directly responsible for, and is the final authority as to,
the operation of that aircraft, as set forth in section 91.3(a) of
title 14, Code of Federal Regulations (or any successor regulation
thereto).
SEC. 2315. ENHANCING ASIAS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration,
in consultation with relevant aviation industry stakeholders, shall
assess what, if any, improvements are needed to develop the predictive
capability of the Aviation Safety Information Analysis and Sharing
program (referred to in this section as ``ASIAS'') with regard to
identifying precursors to accidents.
(b) Contents.--In conducting the assessment under subsection (a),
the Administrator shall--
(1) determine what actions are necessary--
(A) to improve data quality and standardization;
and
(B) to increase the data received from additional
segments of the aviation industry, such as small
airplane, helicopter, and business jet operations;
(2) consider how to prioritize the actions described in
paragraph (1); and
(3) review available methods for disseminating safety trend
data from ASIAS to the aviation safety community, including the
inspector workforce, to inform in their risk-based decision
making efforts.
(c) Report.--Not later than 60 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 recommendations regarding paragraphs (1) through (3) of
subsection (b).
SEC. 2316. IMPROVING RUNWAY SAFETY.
(a) In General.--The Administrator of the Federal Aviation
Administration shall expedite the development of metrics--
(1) to allow the Federal Aviation Administration to
determine whether runway incursions are increasing; and
(2) to assess the effectiveness of implemented runway
safety initiatives.
(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 progress in developing the metrics
described in subsection (a).
SEC. 2317. SAFE AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.
(a) Restrictions on Transportation of Lithium Batteries on
Aircraft.--
(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 the Department
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.
(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.
(3) Medical device batteries.--
(A) In general.--For United States applicants, the
Secretary of Transportation shall consider and either
grant or deny, within 45 days, applications 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 based on the
application to the Federal Aviation Administration. The
Federal Aviation Administration shall conduct an on-
site inspection for issuance of the special permit not
later than 10 days after the date of receipt of the
draft special permit from the Pipeline and Hazardous
Materials Safety Administration.
(B) Definition of medical device.--In this
paragraph, the term ``medical device'' has the meaning
given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(4) Savings clause.--Nothing in this section 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).
(b) Lithium Battery Safety Working Group.--Not later than 90 days
after the date of enactment of this Act, the President shall establish
a lithium battery safety working group to promote and coordinate
efforts related to the promotion of the safe manufacture, use, and
transportation of lithium batteries and cells.
(1) Composition.--
(A) In general.--The working group shall be
composed of at least 1 representative from each of the
following:
(i) Consumer Product Safety Commission.
(ii) Department of Transportation.
(iii) National Institute on Standards and
Technology.
(iv) Food and Drug Administration.
(B) Additional members.--The working group may
include not more than 4 additional members with
expertise in the safe manufacture, use, or
transportation of lithium batteries and cells.
(C) Subcommittees.--The President, or members of
the working group, may--
(i) establish working group subcommittees
to focus on specific issues related to the safe
manufacture, use, or transportation of lithium
batteries and cells; and
(ii) include in a subcommittee the
participation of nonmember stakeholders with
expertise in areas that the President or
members consider necessary.
(2) Report.--Not later than 1 year after the date it is
established under subsection (b), the working group shall--
(A) research--
(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
could reduce the fire and explosion risk of
lithium batteries and cells; and
(B) transmit to the appropriate committees of
Congress a report on the research under subparagraph
(A), including any legislative recommendations to
effectuate the safety improvements described in clauses
(i) through (iii) of that subparagraph.
(3) Exemption from faca.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the working group.
(4) Termination.--The working group, and any working group
subcommittees, shall terminate 90 days after the date the
report is transmitted under paragraph (2).
SEC. 2318. PROHIBITION ON IMPLEMENTATION OF POLICY CHANGE TO PERMIT
SMALL, NON-LOCKING KNIVES ON AIRCRAFT.
(a) In General.--Notwithstanding any other provision of law, on and
after the date of enactment of this Act, the Secretary of Homeland
Security may not implement any change to the prohibited items list of
the Transportation Security Administration that would permit passengers
to carry small, non-locking knives through passenger screening
checkpoints at airports, into sterile areas at airports, or on board
passenger aircraft.
(b) Prohibited Items List Defined.--In this section, the term
``prohibited items list'' means the list of items passengers are
prohibited from carrying as accessible property or on their persons
through passenger screening checkpoints at airports, into sterile areas
at airports, and on board passenger aircraft pursuant to section
1540.111 of title 49, Code of Federal Regulations.
SEC. 2319. 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.
SEC. 2320. GAO STUDY OF UNIVERSAL DEPLOYMENT OF ADVANCED IMAGING
TECHNOLOGIES.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the costs that would be incurred--
(1) to redesign airport security areas to fully deploy
advanced imaging technologies at all commercial airports at
which security screening operations are conducted by the
Transportation Security Administration or through the Screening
Partnership Program; and
(2) to fully deploy advanced imaging technologies at all
airports not described in paragraph (1).
(b) Cost Analysis.--As a part of the study conducted under
subsection (a), the Comptroller General shall identify the costs that
would be incurred--
(1) to purchase the equipment and other assets necessary to
deploy advanced imaging technologies at each airport;
(2) to install such equipment and assets in each airport;
and
(3) to maintain such equipment and assets.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General shall submit the results
of the study conducted under subsection (a) to the appropriate
committees of Congress.
Subtitle D--General Aviation Safety
SEC. 2401. AUTOMATED WEATHER OBSERVING SYSTEMS POLICY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall--
(1) update automated weather observing systems standards to
maximize the use of new technologies that promote the reduction
of equipment or maintenance cost for non-Federal automated
weather observing systems, including the use of remote
monitoring and maintenance, unless demonstrated to be
ineffective;
(2) review, and if necessary update, existing policies in
accordance with the standards developed under paragraph (1);
and
(3) establish a process under which appropriate on site
airport personnel or an aviation official may, with appropriate
manufacturer training or alternative training as determined by
the Administrator, be permitted to conduct the minimum tri-
annual preventative maintenance checks under the advisory
circular for non-Federal automated weather observing systems
(AC 150/5220-16D).
(b) Permission.--Permission to conduct the minimum tri-annual
preventative maintenance checks described under subsection (a)(3) shall
not be withheld but for specific cause.
(c) Standards.--In updating the standards under subsection (a)(1),
the Administrator shall--
(1) ensure the standards are performance-based;
(2) use risk analysis to determine the accuracy of the
automated weather observing systems outputs required for pilots
to perform safe aircraft operations; and
(3) provide a cost benefit analysis to determine whether
the benefits outweigh the cost for any requirement not directly
related to safety.
(d) Report.--Not later than September 30, 2017, the Administrator
shall provide a report to the appropriate committees of Congress on the
implementation of requirements under this section.
SEC. 2402. TOWER MARKING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall issue regulations to require the marking of covered towers.
(b) Marking Required.--The regulations under subsection (a) shall
require that a covered tower be clearly marked in a manner that is
consistent with applicable guidance under the Federal Aviation
Administration Advisory Circular issued December 4, 2015 (AC 70/7460-
1L) or other relevant safety guidance, as determined by the
Administrator.
(c) Application.--The regulations issued under subsection (a) shall
ensure that--
(1) all covered towers constructed on or after the date on
which such regulations take effect are marked in accordance
with subsection (b); and
(2) a covered tower constructed before the date on which
such regulations take effect is marked in accordance with
subsection (b) not later than 1 year after such effective date.
(d) Definition of Covered Tower.--
(1) In general.--In this section, the term ``covered
tower'' means a structure that--
(A) is self-standing or supported by guy wires and
ground anchors;
(B) is 10 feet or less in diameter at the above-
ground base, excluding concrete footing;
(C) at the highest point of the structure is at
least 50 feet above ground level;
(D) at the highest point of the structure is not
more than 200 feet above ground level;
(E) has accessory facilities on which an antenna,
sensor, camera, meteorological instrument, or other
equipment is mounted; and
(F) is located--
(i) outside the boundaries of an
incorporated city or town; or
(ii) on land that is--
(I) undeveloped; or
(II) used for agricultural
purposes.
(2) Exclusions.--The term ``covered tower'' does not
include any structure that--
(A) is adjacent to a house, barn, electric utility
station, or other building;
(B) is within the curtilage of a farmstead;
(C) supports electric utility transmission or
distribution lines;
(D) is a wind powered electrical generator with a
rotor blade radius that exceeds 6 feet; or
(E) is a street light erected or maintained by a
Federal, State, local, or tribal entity.
(e) Database.--The Administrator shall--
(1) develop a database that contains the location and
height of each covered tower;
(2) keep the database current to the extent practicable;
(3) ensure that any proprietary information in the database
is protected from disclosure in accordance with law; and
(4) ensure access to the database is limited to
individuals, such as airmen, who require the information for
aviation safety purposes only.
SEC. 2403. CRASH-RESISTANT FUEL SYSTEMS.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall evaluate and
update, as necessary, standards for crash-resistant fuel systems for
civilian rotorcraft.
SEC. 2404. REQUIREMENT TO CONSULT WITH STAKEHOLDERS IN DEFINING SCOPE
AND REQUIREMENTS FOR FUTURE FLIGHT SERVICE PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall consult
with general aviation stakeholders in defining the scope and
requirements for any new Future Flight Service Program of the
Administration to be used in a competitive source selection for the
next flight service contract with the Administration.
SEC. 2405. HEADS-UP GUIDANCE SYSTEM TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a review of heads-up guidance system
displays (in this section referred to as ``HGS'').
(b) Contents.--The review required by subsection (a) shall--
(1) evaluate the impacts of single- and dual-installed HGS
technology on the safety and efficiency of aircraft operations
within the national airspace system;
(2) review a sufficient quantity of commercial aviation
accidents or incidents in order to evaluate if HGS technology
would have produced a better outcome in that accident or
incident; and
(3) update previous HGS studies performed by the Flight
Safety Foundation in 1991 and 2009.
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report containing the results of
the review required by subsection (a).
Subtitle E--General Provisions
SEC. 2501. DESIGNATED AGENCY SAFETY AND HEALTH OFFICER.
(a) In General.--Section 106 is amended by adding at the end the
following:
``(u) Designated Agency Safety and Health Officer.--
``(1) Appointment.--There shall be a Designated Agency
Safety and Health Officer appointed by the Administrator who
shall exclusively fulfill the duties prescribed in this
subsection.
``(2) Responsibilities.--The Designated Agency Safety and
Health Officer shall have responsibility and accountability
for--
``(A) auditing occupational safety and health
issues across the Administration;
``(B) overseeing Administration-wide compliance
with relevant Federal occupational safety and health
statutes and regulations, national industry and
consensus standards, and Administration policies; and
``(C) encouraging a culture of occupational safety
and health to complement the Administration's existing
safety culture.
``(3) Reporting structure.--The Designated Agency Safety
and Health Officer shall occupy a full-time, senior executive
position and shall report directly to the Assistant
Administrator for Human Resource Management.
``(4) Qualifications and removal.--
``(A) Qualifications.--The Designated Agency Safety
and Health Officer shall have demonstrated ability and
experience in the establishment and administration of
comprehensive occupational safety and health programs
and knowledge of relevant Federal occupational safety
and health statutes and regulations, national industry
and consensus standards, and Administration policies.
``(B) Removal.--The Designated Agency Safety and
Health Officer shall serve at the pleasure of the
Administrator.''.
(b) Deadline for Appointment.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall appoint an individual to serve as the
Designated Agency Safety and Health Officer under section 106(u) of
title 49, United States Code.
SEC. 2502. REPAIR STATIONS LOCATED OUTSIDE UNITED STATES.
(a) Risk-based Oversight.--Section 44733 is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Risk-based Oversight.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Federal Aviation Administration
Reauthorization Act of 2016, the Administrator shall take
measures to ensure that the safety assessment system
established under subsection (a)--
``(A) places particular consideration on
inspections of part 145 repair stations located outside
the United States that conduct scheduled heavy
maintenance work on part 121 air carrier aircraft; and
``(B) accounts for the frequency and seriousness of
any corrective actions that part 121 air carriers must
implement to aircraft following such work at such
repair stations.
``(2) International agreements.--The Administrator shall
take the measures required under paragraph (1)--
``(A) in accordance with the United States
obligations under applicable international agreements;
and
``(B) in a manner consistent with the applicable
laws of the country in which a repair station is
located.
``(3) Access to data.--The Administrator may access and
review such information or data in the possession of a part 121
air carrier as the Administrator may require in carrying out
paragraph (1)(B).''; and
(3) in subsection (g), as redesignated--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2), as
redesignated, the following:
``(1) Heavy maintenance work.--The term `heavy maintenance
work' means a C-check, a D-check, or equivalent maintenance
operation with respect to the airframe of a transport-category
aircraft.''.
(b) Alcohol and Controlled Substances Testing.--The Administrator
of the Federal Aviation Administration shall ensure that--
(1) not later than 90 days after the date of enactment of
this Act, a notice of proposed rulemaking required pursuant to
section 44733(d)(2) of title 49, United States Code, is
published in the Federal Register; and
(2) not later than 1 year after the date on which the
notice of proposed rulemaking is published in the Federal
Register, the rulemaking is finalized.
(c) Background Investigations.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall ensure that each employee of a repair
station certificated under part 145 of title 14, Code of Federal
Regulations, who performs a safety-sensitive function on an air carrier
aircraft has undergone a preemployment background investigation
sufficient to determine whether the individual presents a threat to
aviation safety, in a manner that is--
(1) determined acceptable by the Administrator;
(2) consistent with the applicable laws of the country in
which the repair station is located; and
(3) consistent with the United States obligations under
international agreements.
SEC. 2503. FAA TECHNICAL TRAINING.
(a) E-learning Training Pilot Program.--Not later than 90 days
after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration, 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:
(1) Covered faa personnel.--The term ``covered FAA
personnel'' means airway transportation systems specialists and
aviation safety inspectors of the Federal Aviation
Administration.
(2) E-learning training.--The term ``e-learning training''
means learning utilizing electronic technologies to access
educational curriculum outside of a traditional classroom.
SEC. 2504. SAFETY CRITICAL STAFFING.
(a) Audit by DOT Inspector General.--Not later than 1 year after
the date of enactment of this Act, the Inspector General of the
Department of Transportation shall conduct and complete an audit of the
staffing model used by the Federal Aviation Administration to determine
the number of aviation safety inspectors that are needed to fulfill the
mission of the Federal Aviation Administration and adequately ensure
aviation safety.
(b) Contents.--The audit shall include, at a minimum--
(1) a review of the staffing model and an analysis of how
consistently the staffing model is applied throughout the
Federal Aviation Administration's aviation safety lines of
business;
(2) a review of the assumptions and methods used in
devising and implementing the staffing model to assess the
adequacy of the staffing model to predict the number of
aviation safety inspectors needed to properly fulfill the
mission of the Federal Aviation Administration and meet the
future growth of the aviation industry; and
(3) a determination on whether the current staffing model
takes into account the Federal Aviation Administration's
authority to fully utilize designees.
(c) Report.--Not later than 30 days after the date of completion of
the audit, the Inspector General shall submit to the appropriate
committees of Congress a report on the results of the audit.
SEC. 2505. APPROACH CONTROL RADAR IN ALL AIR TRAFFIC CONTROL TOWERS.
The Administrator of the Federal Aviation Administration shall--
(1) identify airports that are currently served by Federal
Aviation Administration towers with non-radar approach and
departure control (Type 4 tower); and
(2) develop an implementation plan, including budgetary
considerations, to provide the facilities identified under
paragraph (1) with approach control radar.
SEC. 2506. AIRSPACE MANAGEMENT ADVISORY COMMITTEE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator shall establish an advisory
committee to carry out the duties described in subsection (b).
(b) Duties.--The advisory committee shall--
(1) conduct a review of the practices and procedures of the
Federal Aviation Administration for developing proposals with
respect to changes in regulations, policies, or guidance of the
Federal Aviation Administration relating to airspace that
affect airport operations, airport capacity, the environment,
or communities in the vicinity of airports, including--
(A) an assessment of the extent to which there is
consultation, or a lack of consultation, with respect
to such proposals--
(i) between and among the affected elements
of the Federal Aviation Administration,
including the Air Traffic Organization, the
Office of Airports, the Flight Standards
Service, the Office of NextGen, and the Office
of Energy and Environment; and
(ii) between the Federal Aviation
Administration and affected entities, including
airports, aircraft operators, communities, and
State and local governments;
(2) recommend revisions to such practices and procedures to
improve communications and coordination between and among
affected elements of the Federal Aviation Administration and
with other affected entities with respect to proposals
described in paragraph (1) and the potential effects of such
proposals;
(3) conduct a review of the management by the Federal
Aviation Administration of systems and information used to
evaluate data relating to obstructions to air navigation or
navigational facilities under part 77 of title 14, Code of
Federal Regulations; and
(4) make recommendations to ensure that the data described
in paragraph (3) is publicly accessible and streamlined to
ensure developers, airport operators, and other interested
parties may obtain relevant information concerning potential
obstructions when working to preserve and create a safe and
efficient navigable airspace.
(c) Membership.--The membership of the advisory committee
established under subsection (a) shall include representatives of--
(1) air carriers, including passenger and cargo air
carriers;
(2) general aviation, including business aviation and fixed
wing aircraft and rotocraft;
(3) airports of various sizes and types;
(4) air traffic controllers; and
(5) State aviation officials.
(d) Report Required.--Not later than one year after the
establishment of the advisory committee under subsection (a), the
advisory committee shall submit to Congress a report on the actions
taken by the advisory committee to carry out the duties described in
subsection (b).
Subtitle F--Third Class Medical Reform and General Aviation Pilot
Protections
SEC. 2601. SHORT TITLE.
This subtitle may be cited as the ``Pilot's Bill of Rights 2''.
SEC. 2602. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue or revise regulations to ensure that an
individual may operate as pilot in command of a covered aircraft if--
(1) the individual possesses a valid driver's license
issued by a State, territory, or possession of the United
States and complies with all medical requirements or
restrictions associated with that license;
(2) the individual holds a medical certificate issued by
the Federal Aviation Administration on the date of enactment of
this Act, held such a certificate at any point during the 10-
year period preceding such date of enactment, or obtains such a
certificate after such date of enactment;
(3) the most recent medical certificate issued by the
Federal Aviation Administration to the individual--
(A) indicates whether the certificate is first,
second, or third class;
(B) may include authorization for special issuance;
(C) may be expired;
(D) cannot have been revoked or suspended; and
(E) cannot have been withdrawn;
(4) the most recent application for airman medical
certification submitted to the Federal Aviation Administration
by the individual cannot have been completed and denied;
(5) the individual has completed a medical education course
described in subsection (c) during the 24 calendar months
before acting as pilot in command of a covered aircraft and
demonstrates proof of completion of the course;
(6) the individual, when serving as a pilot in command, is
under the care and treatment of a physician if the individual
has been diagnosed with any medical condition that may impact
the ability of the individual to fly;
(7) the individual has received a comprehensive medical
examination from a State-licensed physician during the previous
48 months and--
(A) prior to the examination, the individual--
(i) completed the individual's section of
the checklist described in subsection (b); and
(ii) provided the completed checklist to
the physician performing the examination; and
(B) the physician conducted the comprehensive
medical examination in accordance with the checklist
described in subsection (b), checking each item
specified during the examination and addressing, as
medically appropriate, every medical condition listed,
and any medications the individual is taking; and
(8) the individual is operating in accordance with the
following conditions:
(A) The covered aircraft is carrying not more than
5 passengers.
(B) The individual is operating the covered
aircraft under visual flight rules or instrument flight
rules.
(C) The flight, including each portion of that
flight, is not carried out--
(i) for compensation or hire, including
that no passenger or property on the flight is
being carried for compensation or hire;
(ii) at an altitude that is more than
18,000 feet above mean sea level;
(iii) outside the United States, unless
authorized by the country in which the flight
is conducted; or
(iv) at an indicated air speed exceeding
250 knots.
(b) Comprehensive Medical Examination.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a
checklist for an individual to complete and provide to the
physician performing the comprehensive medical examination
required in subsection (a)(7).
(2) Requirements.--The checklist shall contain--
(A) a section, for the individual to complete that
contains--
(i) boxes 3 through 13 and boxes 16 through
19 of the Federal Aviation Administration Form
8500-8 (3-99);
(ii) a signature line for the individual to
affirm that--
(I) the answers provided by the
individual on that checklist, including
the individual's answers regarding
medical history, are true and complete;
(II) the individual understands
that he or she is prohibited under
Federal Aviation Administration
regulations from acting as pilot in
command, or any other capacity as a
required flight crew member, if he or
she knows or has reason to know of any
medical deficiency or medically
disqualifying condition that would make
the individual unable to operate the
aircraft in a safe manner; and
(III) the individual is aware of
the regulations pertaining to the
prohibition on operations during
medical deficiency and has no medically
disqualifying conditions in accordance
with applicable law;
(B) a section with instructions for the individual
to provide the completed checklist to the physician
performing the comprehensive medical examination
required in subsection (a)(7); and
(C) a section, for the physician to complete, that
instructs the physician--
(i) to perform a clinical examination of--
(I) head, face, neck, and scalp;
(II) nose, sinuses, mouth, and
throat;
(III) ears, general (internal and
external canals), and eardrums
(perforation);
(IV) eyes (general),
ophthalmoscopic, pupils (equality and
reaction), and ocular motility
(associated parallel movement,
nystagmus);
(V) lungs and chest (not including
breast examination);
(VI) heart (precordial activity,
rhythm, sounds, and murmurs);
(VII) vascular system (pulse,
amplitude, and character, and arms,
legs, and others);
(VIII) abdomen and viscera
(including hernia);
(IX) anus (not including digital
examination);
(X) skin;
(XI) G-U system (not including
pelvic examination);
(XII) upper and lower extremities
(strength and range of motion);
(XIII) spine and other
musculoskeletal;
(XIV) identifying body marks,
scars, and tattoos (size and location);
(XV) lymphatics;
(XVI) neurologic (tendon reflexes,
equilibrium, senses, cranial nerves,
and coordination, etc.);
(XVII) psychiatric (appearance,
behavior, mood, communication, and
memory);
(XVIII) general systemic;
(XIX) hearing;
(XX) vision (distant, near, and
intermediate vision, field of vision,
color vision, and ocular alignment);
(XXI) blood pressure and pulse; and
(XXII) anything else the physician,
in his or her medical judgment,
considers necessary;
(ii) to exercise medical discretion to
address, as medically appropriate, any medical
conditions identified, and to exercise medical
discretion in determining whether any medical
tests are warranted as part of the
comprehensive medical examination;
(iii) to discuss all drugs the individual
reports taking (prescription and
nonprescription) and their potential to
interfere with the safe operation of an
aircraft or motor vehicle;
(iv) to sign the checklist, stating: ``I
certify that I discussed all items on this
checklist with the individual during my
examination, discussed any medications the
individual is taking that could interfere with
their ability to safely operate an aircraft or
motor vehicle, and performed an examination
that included all of the items on this
checklist. I certify that I am not aware of any
medical condition that, as presently treated,
could interfere with the individual's ability
to safely operate an aircraft.''; and
(v) to provide the date the comprehensive
medical examination was completed, and the
physician's full name, address, telephone
number, and State medical license number.
(3) Logbook.--The completed checklist shall be retained in
the individual's logbook and made available on request.
(c) Medical Education Course Requirements.--The medical education
course described in this subsection shall--
(1) be available on the Internet free of charge;
(2) be developed and periodically updated in coordination
with representatives of relevant nonprofit and not-for-profit
general aviation stakeholder groups;
(3) educate pilots on conducting medical self-assessments;
(4) advise pilots on identifying warning signs of potential
serious medical conditions;
(5) identify risk mitigation strategies for medical
conditions;
(6) increase awareness of the impacts of potentially
impairing over-the-counter and prescription drug medications;
(7) encourage regular medical examinations and
consultations with primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency and
medically disqualifying conditions;
(9) provide the checklist developed by the Federal Aviation
Administration in accordance with subsection (b); and
(10) upon successful completion of the course,
electronically provide to the individual and transmit to the
Federal Aviation Administration--
(A) a certification of completion of the medical
education course, which shall be printed and retained
in the individual's logbook and made available upon
request, and shall contain the individual's name,
address, and airman certificate number;
(B) subject to subsection (d), a release
authorizing the National Driver Register through a
designated State Department of Motor Vehicles to
furnish to the Federal Aviation Administration
information pertaining to the individual's driving
record;
(C) a certification by the individual that the
individual is under the care and treatment of a
physician if the individual has been diagnosed with any
medical condition that may impact the ability of the
individual to fly, as required under (a)(6);
(D) a form that includes--
(i) the name, address, telephone number,
and airman certificate number of the
individual;
(ii) the name, address, telephone number,
and State medical license number of the
physician performing the comprehensive medical
examination required in subsection (a)(7);
(iii) the date of the comprehensive medical
examination required in subsection (a)(7); and
(iv) a certification by the individual that
the checklist described in subsection (b) was
followed and signed by the physician in the
comprehensive medical examination required in
subsection (a)(7); and
(E) a statement, which shall be printed, and signed
by the individual certifying that the individual
understands the existing prohibition on operations
during medical deficiency by stating: ``I understand
that I cannot act as pilot in command, or any other
capacity as a required flight crew member, if I know or
have reason to know of any medical condition that would
make me unable to operate the aircraft in a safe
manner.''.
(d) National Driver Register.--The authorization under subsection
(c)(10)(B) shall be an authorization for a single access to the
information contained in the National Driver Register.
(e) Special Issuance Process.--
(1) In general.--An individual who has qualified for the
third-class medical certificate exemption under subsection (a)
and is seeking to serve as a pilot in command of a covered
aircraft shall be required to have completed the process for
obtaining an Authorization for Special Issuance of a Medical
Certificate for each of the following:
(A) A mental health disorder, limited to an
established medical history or clinical diagnosis of--
(i) personality disorder that is severe
enough to have repeatedly manifested itself by
overt acts;
(ii) psychosis, defined as a case in which
an individual--
(I) has manifested delusions,
hallucinations, grossly bizarre or
disorganized behavior, or other
commonly accepted symptoms of
psychosis; or
(II) may reasonably be expected to
manifest delusions, hallucinations,
grossly bizarre or disorganized
behavior, or other commonly accepted
symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the
previous 2 years, as defined in section
67.307(a)(4) of title 14, Code of Federal
Regulations.
(B) A neurological disorder, limited to an
established medical history or clinical diagnosis of
any of the following:
(i) Epilepsy.
(ii) Disturbance of consciousness without
satisfactory medical explanation of the cause.
(iii) A transient loss of control of
nervous system functions without satisfactory
medical explanation of the cause.
(C) A cardiovascular condition, limited to a one-
time special issuance for each diagnosis of the
following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has
required treatment.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the
case of an individual with a cardiovascular condition, the
process for obtaining an Authorization for Special Issuance of
a Medical Certificate shall be satisfied with the successful
completion of an appropriate clinical evaluation without a
mandatory wait period.
(3) Special rule for mental health conditions.--
(A) In the case of an individual with a clinically
diagnosed mental health condition, the third-class
medical certificate exemption under subsection (a)
shall not apply if--
(i) in the judgment of the individual's
State-licensed medical specialist, the
condition--
(I) renders the individual unable
to safely perform the duties or
exercise the airman privileges
described in subsection (a)(8); or
(II) may reasonably be expected to
make the individual unable to perform
the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is
revoked by the issuing agency as a result of a
clinically diagnosed mental health condition.
(B) Subject to subparagraph (A), an individual
clinically diagnosed with a mental health condition
shall certify every 2 years, in conjunction with the
certification under subsection (c)(10)(C), that the
individual is under the care of a State-licensed
medical specialist for that mental health condition.
(4) Special rule for neurological conditions.--
(A) In the case of an individual with a clinically
diagnosed neurological condition, the third-class
medical certificate exemption under subsection (a)
shall not apply if--
(i) in the judgment of the individual's
State-licensed medical specialist, the
condition--
(I) renders the individual unable
to safely perform the duties or
exercise the airman privileges
described in subsection (a)(8); or
(II) may reasonably be expected to
make the individual unable to perform
the duties or exercise the privileges
described in subsection (a)(8); or
(ii) the individual's driver's license is
revoked by the issuing agency as a result of a
clinically diagnosed neurological condition.
(B) Subject to subparagraph (A), an individual
clinically diagnosed with a neurological condition
shall certify every 2 years, in conjunction with the
certification under subsection (c)(10)(C), that the
individual is under the care of a State-licensed
medical specialist for that neurological condition.
(f) Identification of Additional Medical Conditions for the Caci
Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and
identify additional medical conditions that could be added to
the program known as the Conditions AMEs Can Issue (CACI)
program.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report listing
the medical conditions that have been added to the CACI program
under paragraph (1).
(g) Expedited Authorization for Special Issuance of a Medical
Certificate.--
(1) In general.--The Administrator shall implement
procedures to expedite the process for obtaining an
Authorization for Special Issuance of a Medical Certificate
under section 67.401 of title 14, Code of Federal Regulations.
(2) Consultations.--In carrying out paragraph (1), the
Administrator shall consult with aviation, medical, and union
stakeholders.
(3) Report required.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing how the
procedures implemented under paragraph (1) will streamline the
process for obtaining an Authorization for Special Issuance of
a Medical Certificate and reduce the amount of time needed to
review and decide special issuance cases.
(h) Report Required.--Not later than 5 years after the date of
enactment of this Act, the Administrator, in coordination with the
National Transportation Safety Board, shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report that describes the effect of the regulations issued or revised
under subsection (a) and includes statistics with respect to changes in
small aircraft activity and safety incidents.
(i) Prohibition on Enforcement Actions.--Beginning on the date that
is 1 year after the date of enactment of this Act, the Administrator
may not take an enforcement action for not holding a valid third-class
medical certificate against a pilot of a covered aircraft for a flight,
through a good faith effort, if the pilot and the flight meet the
applicable requirements under subsection (a), except paragraph (5) of
that subsection, unless the Administrator has published final
regulations in the Federal Register under that subsection.
(j) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means an aircraft that--
(1) is authorized under Federal law to carry not more than
6 occupants; and
(2) has a maximum certificated takeoff weight of not more
than 6,000 pounds.
(k) Operations Covered.--The provisions and requirements covered in
this section do not apply to pilots who elect to operate under the
medical requirements under subsection (b) or subsection (c) of section
61.23 of title 14, Code of Federal Regulations.
(l) Authority To Require Additional Information.--
(1) In general.--If the Administrator receives credible or
urgent information, including from the National Driver Register
or the Administrator's Safety Hotline, that reflects on an
individual's ability to safely operate a covered aircraft under
the third-class medical certificate exemption in subsection
(a), the Administrator may require the individual to provide
additional information or history so that the Administrator may
determine whether the individual is safe to continue operating
a covered aircraft.
(2) Use of information.--The Administrator may use credible
or urgent information received under paragraph (1) to request
an individual to provide additional information or to take
actions under section 44709(b) of title 49, United States Code.
SEC. 2603. EXPANSION OF PILOT'S BILL OF RIGHTS.
(a) Appeals of Suspended and Revoked Airman Certificates.--Section
2(d)(1) of the Pilot's Bill of Rights (Public Law 112-153; 126 Stat.
1159; 49 U.S.C. 44703 note) is amended by striking ``or imposing a
punitive civil action or an emergency order of revocation under
subsections (d) and (e) of section 44709 of such title'' and inserting
``suspending or revoking an airman certificate under section 44709(d)
of such title, or imposing an emergency order of revocation under
subsections (d) and (e) of section 44709 of such title''.
(b) De Novo Review by District Court; Burden of Proof.--Section
2(e) of the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159;
49 U.S.C. 44703 note) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--In an appeal filed under subsection (d)
in a United States district court with respect to a denial,
suspension, or revocation of an airman certificate by the
Administrator--
``(A) the district court shall review the denial,
suspension, or revocation de novo, including by--
``(i) conducting a full independent review
of the complete administrative record of the
denial, suspension, or revocation;
``(ii) permitting additional discovery and
the taking of additional evidence; and
``(iii) making the findings of fact and
conclusions of law required by Rule 52 of the
Federal Rules of Civil Procedure without being
bound to any findings of fact of the
Administrator or the National Transportation
Safety Board.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Burden of proof.--In an appeal filed under subsection
(d) in a United States district court after an exhaustion of
administrative remedies, the burden of proof shall be as
follows:
``(A) In an appeal of the denial of an application
for the issuance or renewal of an airman certificate
under section 44703 of title 49, United States Code,
the burden of proof shall be upon the applicant denied
an airman certificate by the Administrator.
``(B) In an appeal of an order issued by the
Administrator under section 44709 of title 49, United
States Code, the burden of proof shall be upon the
Administrator.''; and
(4) by adding at the end the following:
``(4) Applicability of administrative procedure act.--
Notwithstanding paragraph (1)(A) of this subsection or
subsection (a)(1) of section 554 of title 5, United States
Code, section 554 of such title shall apply to adjudications of
the Administrator and the National Transportation Safety Board
to the same extent as that section applied to such
adjudications before the date of enactment of the Pilot's Bill
of Rights 2.''.
(c) Notification of Investigation.--Subsection (b) of section 2 of
the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 49
U.S.C. 44703 note) is amended--
(1) in paragraph (2)(A), by inserting ``and the specific
activity on which the investigation is based'' after ``nature
of the investigation'';
(2) in paragraph (3), by striking ``timely''; and
(3) in paragraph (5), by striking ``section 44709(c)(2)''
and inserting ``section 44709(e)(2)''.
(d) Release of Investigative Reports.--Section 2 of the Pilot's
Bill of Rights (Public Law 112-153; 126 Stat. 1159; 49 U.S.C. 44703
note) is further amended by inserting after subsection (e) the
following:
``(f) Release of Investigative Reports.--
``(1) In general.--
``(A) Emergency orders.--In any proceeding
conducted under part 821 of title 49, Code of Federal
Regulations, relating to the amendment, modification,
suspension, or revocation of an airman certificate, in
which the Administrator issues an emergency order under
subsections (d) and (e) of section 44709, section
44710, or section 46105(c) of title 49, United States
Code, or another order that takes effect immediately,
the Administrator shall provide to the individual
holding the airman certificate the releasable portion
of the investigative report at the time the
Administrator issues the order. If the complete Report
of Investigation is not available at the time the
Emergency Order is issued, the Administrator shall
issue all portions of the report that are available at
the time and shall provide the full report within 5
days of its completion.
``(B) Other orders.--In any non-emergency
proceeding conducted under part 821 of title 49, Code
of Federal Regulations, relating to the amendment,
modification, suspension, or revocation of an airman
certificate, in which the Administrator notifies the
certificate holder of a proposed certificate action
under subsections (b) and (c) of section 44709 or
section 44710 of title 49, United States Code, the
Administrator shall, upon the written request of the
covered certificate holder and at any time after that
notification, provide to the covered certificate holder
the releasable portion of the investigative report.
``(2) Motion for dismissal.--If the Administrator does not
provide the releasable portions of the investigative report to
the individual holding the airman certificate subject to the
proceeding referred to in paragraph (1) by the time required by
that paragraph, the individual may move to dismiss the
complaint of the Administrator or for other relief and, unless
the Administrator establishes good cause for the failure to
provide the investigative report or for a lack of timeliness,
the administrative law judge shall order such relief as the
judge considers appropriate.
``(3) Releasable portion of investigative report.--For
purposes of paragraph (1), the releasable portion of an
investigative report is all information in the report, except
for the following:
``(A) Information that is privileged.
``(B) Information that constitutes work product or
reflects internal deliberative process.
``(C) Information that would disclose the identity
of a confidential source.
``(D) Information the disclosure of which is
prohibited by any other provision of law.
``(E) Information that is not relevant to the
subject matter of the proceeding.
``(F) Information the Administrator can demonstrate
is withheld for good cause.
``(G) Sensitive security information, as defined in
section 15.5 of title 49, Code of Federal Regulations
(or any corresponding similar ruling or regulation).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent the Administrator from releasing
to an individual subject to an investigation described in
subsection (b)(1)--
``(A) information in addition to the information
included in the releasable portion of the investigative
report; or
``(B) a copy of the investigative report before the
Administrator issues a complaint.''.
SEC. 2604. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.
(a) In General.--Section 44709(a) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Administrator'';
(2) by striking ``reexamine'' and inserting ``, except as
provided in paragraph (2), reexamine''; and
(3) by adding at the end the following:
``(2) Limitation on the reexamination of airman
certificates.--
``(A) In general.--The Administrator may not
reexamine an airman holding a student, sport,
recreational, or private pilot certificate issued under
section 44703 of this title if the reexamination is
ordered as a result of an event involving the fault of
the Federal Aviation Administration or its designee,
unless the Administrator has reasonable grounds--
``(i) to establish that the airman may not
be qualified to exercise the privileges of a
particular certificate or rating, based upon an
act or omission committed by the airman while
exercising those privileges, after the
certificate or rating was issued by the Federal
Aviation Administration or its designee; or
``(ii) to demonstrate that the airman
obtained the certificate or the rating through
fraudulent means or through an examination that
was substantially and demonstrably inadequate
to establish the airman's qualifications.
``(B) Notification requirements.--Before taking any
action to reexamine an airman under subparagraph (A),
the Administrator shall provide to the airman--
``(i) a reasonable basis, described in
detail, for requesting the reexamination; and
``(ii) any information gathered by the
Federal Aviation Administration, that the
Administrator determines is appropriate to
provide, such as the scope and nature of the
requested reexamination, that formed the basis
for that justification.''.
(b) Amendment, Modification, Suspension, or Revocation of Airman
Certificates After Reexamination.--Section 44709(b) is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(3) in the matter preceding subparagraph (A), as
redesignated, by striking ``The Administrator'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2), the
Administrator''; and
(4) by adding at the end the following:
``(2) Amendments, modifications, suspensions, and
revocations of airman certificates after reexamination.--
``(A) In general.--The Administrator may not issue
an order to amend, modify, suspend, or revoke an airman
certificate held by a student, sport, recreational, or
private pilot and issued under section 44703 of this
title after a reexamination of the airman holding the
certificate unless the Administrator determines that
the airman--
``(i) lacks the technical skills and
competency, or care, judgment, and
responsibility, necessary to hold and safely
exercise the privileges of the certificate; or
``(ii) materially contributed to the
issuance of the certificate by fraudulent
means.
``(B) Standard of review.--Any order of the
Administrator under this paragraph shall be subject to
the standard of review provided for under section 2 of
the Pilot's Bill of Rights (49 U.S.C. 44703 note).''.
(c) Conforming Amendments.--Section 44709(d)(1) is amended--
(1) in subparagraph (A), by striking ``subsection
(b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
(2) in subparagraph (B), by striking ``subsection
(b)(1)(B)'' and inserting ``subsection (b)(1)(A)(ii)''.
SEC. 2605. EXPEDITING UPDATES TO NOTAM PROGRAM.
(a) In General.--
(1) Beginning on the date that is 180 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration may not take any enforcement action
against any individual for a violation of a NOTAM (as defined
in section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701
note)) until the Administrator certifies to the appropriate
congressional committees that the Administrator has complied
with the requirements of section 3 of the Pilot's Bill of
Rights, as amended by this section.
(2) In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(b) Amendments.--Section 3 of the Pilot's Bill of Rights (Public
Law 112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended--
(1) in subsection (a)(2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``this Act'' and inserting
``the Pilot's Bill of Rights 2''; and
(ii) by striking ``begin'' and inserting
``complete the implementation of'';
(B) by amending subparagraph (B) to read as
follows:
``(B) to continue developing and modernizing the
NOTAM repository, in a public central location, to
maintain and archive all NOTAMs, including the original
content and form of the notices, the original date of
publication, and any amendments to such notices with
the date of each amendment, in a manner that is
Internet-accessible, machine-readable, and
searchable;'';
(C) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) to specify the times during which temporary
flight restrictions are in effect and the duration of a
designation of special use airspace in a specific
area.''; and
(2) by amending subsection (d) to read as follows:
``(d) Designation of Repository as Sole Source for NOTAMs.--
``(1) In general.--The Administrator--
``(A) shall consider the repository for NOTAMs
under subsection (a)(2)(B) to be the sole location for
airmen to check for NOTAMs; and
``(B) may not consider a NOTAM to be announced or
published until the NOTAM is included in the repository
for NOTAMs under subsection (a)(2)(B).
``(2) Prohibition on taking action for violations of notams
not in repository.--
``(A) In general.--Except as provided in
subparagraph (B), beginning on the date that the
repository under subsection (a)(2)(B) is final and
published, the Administrator may not take any
enforcement action against an airman for a violation of
a NOTAM during a flight if--
``(i) that NOTAM is not available through
the repository before the commencement of the
flight; and
``(ii) that NOTAM is not reasonably
accessible and identifiable to the airman.
``(B) Exception for national security.--
Subparagraph (A) shall not apply in the case of an
enforcement action for a violation of a NOTAM that
directly relates to national security.''.
SEC. 2606. ACCESSIBILITY OF CERTAIN FLIGHT DATA.
(a) In General.--Subchapter I of chapter 471 is amended by
inserting after section 47124 the following:
``Sec. 47124a. Accessibility of certain flight data
``(a) Definitions.--In this section:
``(1) Administration.--The term `Administration' means the
Federal Aviation Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(3) Applicable individual.--The term `applicable
individual' means an individual who is the subject of an
investigation initiated by the Administrator related to a
covered flight record.
``(4) Contract tower.--The term `contract tower' means an
air traffic control tower providing air traffic control
services pursuant to a contract with the Administration under
the contract air traffic control tower program under section
47124(b)(3).
``(5) Covered flight record.--The term `covered flight
record' means any air traffic data (as defined in section
2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703
note)), created, maintained, or controlled by any program of
the Administration, including any program of the Administration
carried out by employees or contractors of the Administration,
such as contract towers, flight service stations, and
controller training programs.
``(b) Provision of Covered Flight Record to Administration.--
``(1) Requests.--Whenever the Administration receives a
written request for a covered flight record from an applicable
individual and the covered flight record is not in the
possession of the Administration, the Administrator shall
request the covered flight record from the contract tower or
other contractor of the Administration in possession of the
covered flight record.
``(2) Provision of records.--Any covered flight record
created, maintained, or controlled by a contract tower or
another contractor of the Administration that maintains covered
flight records shall be provided to the Administration if the
Administration requests the record pursuant to paragraph (1).
``(3) Notice of proposed certificate action.--If the
Administrator has issued, or subsequently issues, a Notice of
Proposed Certificate Action relying on evidence contained in
the covered flight record and the individual who is the subject
of an investigation has requested the record, the Administrator
shall promptly produce the record and extend the time the
individual has to respond to the Notice of Proposed Certificate
Action until the covered flight record is provided.
``(c) Implementation.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Pilot's Bill of Rights 2, the Administrator
shall promulgate regulations or guidance to ensure compliance
with this section.
``(2) Compliance by contractors.--
``(A) Compliance with this section by a contract
tower or other contractor of the Administration that
maintains covered flight records shall be included as a
material term in any contract between the
Administration and the contract tower or contractor
entered into or renewed on or after the date of
enactment of the Pilot's Bill of Rights 2.
``(B) Subparagraph (A) shall not apply to any
contract or agreement in effect on the date of
enactment of the Pilot's Bill of Rights 2 unless the
contract or agreement is renegotiated, renewed, or
modified after that date.''.
(b) Technical and Conforming Amendments.--The table of contents for
chapter 471 is amended by inserting after the item relating to section
47124 the following:
``47124a. Accessibility of certain flight data.''.
SEC. 2607. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN NOTICES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall revise
section 13.11 of title 14, Code of Federal Regulations, to authorize
legal counsel of the Federal Aviation Administration to close
enforcement actions covered by that section with a warning notice,
letter of correction, or other administrative action.
TITLE III--AIR SERVICE IMPROVEMENTS
SEC. 3001. DEFINITIONS.
In this title:
(1) Covered air carrier.--The term ``covered air carrier''
means an air carrier or a foreign air carrier as those terms
are defined in section 40102 of title 49, United States Code.
(2) Online service.--The term ``online service'' means any
service available over the Internet, or that connects to the
Internet or a wide-area network.
(3) Ticket agent.--The term ``ticket agent'' has the
meaning given the term in section 40102 of title 49, United
States Code.
Subtitle A--Passenger Air Service Improvements
SEC. 3101. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
review the categorization of delays and cancellations with
respect to air carriers that are required to report such data.
(2) Considerations.--In conducting the review under
paragraph (1), the Secretary shall consider, at a minimum--
(A) whether delays and cancellations attributed by
an air carrier to weather were unavoidable due to an
operational or air traffic control issue, or due to the
air carrier's preference in determining which flights
to delay or cancel during a weather event;
(B) whether and to what extent delays and
cancellations attributed by an air carrier to weather
disproportionately impact service to smaller airports
and communities; and
(C) whether it is an unfair or deceptive practice
in violation of section 41712 of title 49, United
States Code, for an air carrier to inform a passenger
that a flight is delayed or cancelled due to weather,
without any other context or explanation for the delay
or cancellation, when the air carrier has discretion as
to which flights to delay or cancel.
(3) Advisory committee for aviation consumer protection.--
The Secretary may use the Advisory Committee for Aviation
Consumer Protection, established under section 411 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec.
note), to assist in conducting the review and providing
recommendations.
(b) Report.--Not later than 90 days after the date the review under
subsection (a) is complete, the Secretary shall submit to the
appropriate committees of Congress a report on the review under
subsection (a), including any recommendations.
(c) Savings Provision.--Nothing in this section shall be construed
as affecting the decision of an air carrier to maximize its system
capacity during weather-related events to accommodate the greatest
number of passengers.
SEC. 3102. INVOLUNTARY CHANGES TO ITINERARIES.
(a) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
review whether it is an unfair or deceptive practice in
violation of section 41712 of title 49, United States Code, for
an air carrier to change the itinerary of a passenger, more
than 24 hours before departure, if the new itinerary involves
additional stops or departs 3 hours earlier or later and
compensation or other more suitable air transportation is not
offered.
(2) Advisory committee for aviation consumer protection.--
The Secretary may use the Advisory Committee for Aviation
Consumer Protection, established under section 411 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec.
note), to assist in conducting the review and providing
recommendations.
(b) Report.--Not later than 90 days after the date the review under
subsection (a) is complete, the Secretary shall submit to appropriate
committees of Congress a report on the review under subsection (a),
including any recommendations.
SEC. 3103. ADDITIONAL CONSUMER PROTECTIONS.
Not later than 180 days after the date that the reviews under
sections 3101 and 3102 of this Act are complete, the Secretary of
Transportation shall issue a supplemental notice of proposed rulemaking
to its notice of proposed rulemaking published in the Federal Register
on May 23, 2014 (DOT-OST-2014-0056) (relating to the transparency of
airline ancillary fees and other consumer protection issues) to
consider the following:
(1) Requiring an air carrier to provide notification and
refunds or other consideration to a consumer who is impacted by
delays or cancellations when an air carrier has a choice as to
which flights to cancel or delay during a weather-related
event.
(2) Requiring an air carrier to provide notification and
refunds or other consideration to a consumer who is impacted by
involuntary changes to the consumer's itinerary.
SEC. 3104. ADDRESSING THE NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN
AIRCRAFT ACCIDENTS.
(a) Air Carriers Holding Certificates of Public Convenience and
Necessity.--Section 41113 is amended--
(1) in subsection (a), by striking ``a major'' and
inserting ``any'';
(2) in subsection (b)--
(A) in paragraph (9), by striking ``(and any other
victim of the accident)'' and inserting ``(and any
other victim of the accident, including any victim on
the ground)'';
(B) in paragraph (16), by striking ``major'' and
inserting ``any''; and
(C) in paragraph (17)(A), by striking
``significant'' and inserting ``any''; and
(3) by amending subsection (e) to read as follows:
``(e) Definitions.--In this section:
``(1) `Aircraft accident' means any aviation disaster,
regardless of its cause or suspected cause, for which the
National Transportation Safety Board is the lead investigative
agency.
``(2) `Passenger' has the meaning given the term in section
1136.''.
(b) Foreign Air Carriers Providing Foreign Air Transportation.--
Section 41313 is amended--
(1) in subsection (b), by striking ``a major'' and
inserting ``any''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``a significant''
and inserting ``any'';
(B) in paragraph (2), by striking ``a significant''
and inserting ``any'';
(C) in paragraph (16), by striking ``major'' and
inserting ``any''; and
(D) in paragraph (17)(A), by striking
``significant'' and inserting ``any''.
(c) National Transportation Safety Board.--Section 1136(a) is
amended by striking ``aircraft accident within the United States
involving an air carrier or foreign air carrier and resulting in a
major loss of life'' and inserting ``aircraft accident involving an air
carrier or foreign air carrier, resulting in any loss of life, and for
which the National Transportation Safety Board will serve as the lead
investigative agency''.
SEC. 3105. EMERGENCY MEDICAL KITS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall evaluate and revise, as appropriate, the regulations under part
121 of title 14, Code of Federal Regulations, regarding the emergency
medical equipment requirements, including the contents of the first-aid
kit, applicable to all certificate holders operating passenger-carrying
airplanes under that part.
(b) Considerations.--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, including consideration of an epinephrine auto-
injector, as appropriate.
SEC. 3106. TRAVELERS WITH DISABILITIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a study of airport accessibility best practices
for individuals with disabilities; and
(2) submit to the appropriate committees of Congress a
report on the study, including the Comptroller General's
findings, conclusions, and recommendations.
(b) Contents.--The study under subsection (a) shall include
accessibility best practices beyond those recommended under the
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.),
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), Air Carrier Access
Act of 1986 (100 Stat. 1080; Public Law 99-435), or Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), that improve
infrastructure and communications, such as with regard to wayfinding,
amenities, and passenger care.
SEC. 3107. EXTENSION OF ADVISORY COMMITTEE FOR AVIATION CONSUMER
PROTECTION.
(a) Termination.--Section 411(h) of the FAA Modernization and
Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 42301 prec. note) is
amended by striking ``July 15, 2016'' and inserting ``September 30,
2017''.
(b) Financial Disclosure.--Section 411 of the FAA Modernization and
Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 42301 prec. note) is
further amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting before subsection (i), the following:
``(h) Conflict of Interest Disclosure.--Beginning on the date of
enactment of the Federal Aviation Administration Reauthorization Act of
2016, each member of the advisory committee who is not a government
employee shall disclose, on an annual basis, any potential conflicts of
interest, including financial conflicts of interest, to the Secretary
in such form and manner as prescribed by the Secretary.''.
(c) Recommendations.--Section 411(g) of the FAA Modernization and
Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 42301 prec. note) is
amended--
(1) by striking ``of the first 2 calendar years beginning
after the date of enactment of this Act'' and inserting
``calendar year''; and
(2) by inserting ``and post on the Department of
Transportation Web site'' after ``Congress''.
SEC. 3108. EXTENSION OF COMPETITIVE ACCESS REPORTS.
Section 47107(r)(3) is amended by striking ``July 16, 2016'' and
inserting ``October 1, 2017''.
SEC. 3109. REFUNDS FOR DELAYED BAGGAGE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue final
regulations to require a covered air carrier to promptly provide an
automatic refund to a passenger in the amount of any applicable
ancillary fees paid if the covered air carrier has charged the
passenger an ancillary fee for checked baggage but the covered air
carrier fails to deliver the checked baggage to the passenger not later
than 6 hours after the arrival of a domestic flight or 12 hours after
the arrival of an international flight.
(b) Exception.--If as part of the rulemaking the Secretary makes a
determination on the record that a requirement under subsection (a) is
unfeasible and will negatively affect consumers in certain cases, the
Secretary may modify 1 or both of the deadlines in that subsection for
such cases, except that--
(1) the deadline relating to a domestic flight may not
exceed 12 hours after the arrival of the domestic flight; and
(2) the deadline relating to an international flight may
not exceed 24 hours after the arrival of the international
flight.
SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE NOT HONORED BY A COVERED AIR
CARRIER.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall promulgate regulations that require
each covered air carrier to promptly provide an automatic refund to a
passenger of any ancillary fees paid for services that the passenger
does not receive, including on the passenger's scheduled flight, on a
subsequent replacement itinerary if there has been a rescheduling, or
for a flight not taken by the passenger.
SEC. 3111. DISCLOSURE OF FEES TO CONSUMERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue final
regulations requiring--
(1) each covered air carrier to disclose to a consumer the
baggage fee, cancellation fee, change fee, ticketing fee, and
seat selection fee of that covered air carrier in a
standardized format; and
(2) notwithstanding the manner in which information
regarding the fees described in paragraph (1) is collected,
each ticket agent to disclose to a consumer such fees of a
covered air carrier in the standardized format described in
paragraph (1).
(b) Requirements.--The regulations under subsection (a) shall
require that each disclosure--
(1) if ticketing is done on an Internet Web site or other
online service--
(A) be prominently displayed to the consumer prior
to the point of purchase; and
(B) set forth the fees described in subsection
(a)(1) in clear and plain language and a font of easily
readable size; and
(2) if ticketing is done on the telephone, be expressly
stated to the consumer during the telephone call and prior to
the point of purchase.
SEC. 3112. SEAT ASSIGNMENTS.
(a) In General.--Not later than 15 months after the date of
enactment of this Act, the Secretary of Transportation shall complete
such actions as may be necessary to require each covered air carrier
and ticket agent to disclose to a consumer that seat selection for
which a fee is charged is an optional service, and that if a consumer
does not pay for a seat assignment, a seat will be assigned to the
consumer from available inventory at the time the consumer checks in
for the flight or prior to departure.
(b) Requirements.--The disclosure under subsection (a) shall--
(1) if ticketing is done on an Internet Web site or other
online service, be prominently displayed to the consumer on
that Internet Web site or online service during the selection
of seating or prior to the point of purchase; and
(2) if ticketing is done on the telephone, be expressly
stated to the consumer during the telephone call and prior to
the point of purchase.
SEC. 3113. LASTING IMPROVEMENTS TO FAMILY TRAVEL.
(a) Short Title.--This section may be cited as the ``Lasting
Improvements to Family Travel Act'' or the ``LIFT Act''.
(b) Accompanying Minors for Security Screening.--The Administrator
of the Transportation Security Administration shall formalize security
screening procedures that allow for one adult family caregiver to
accompany a minor child throughout the entirety of the security
screening process.
(c) Special Accommodations for Pregnant Women.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Transportation shall review and, if appropriate, prescribe regulations
that direct all air carriers to include pregnant women in their
policies with respect to preboarding or advance boarding of aircraft.
(d) Family Seating.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall review and, if appropriate,
establish a policy directing all air carriers to ensure that, if a
family is traveling on a reservation with a child under the age of 13,
that child is able to sit in a seat adjacent to the seat of an
accompanying family member over the age of 13, to the maximum extent
practicable, at no additional cost.
SEC. 3114. CONSUMER COMPLAINT PROCESS IMPROVEMENT.
(a) In General.--Section 42302 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a), the following:
``(b) Point of Sale.--Each air carrier, foreign air carrier, and
ticket agent shall inform each consumer of a carrier service, at the
point of sale, that the consumer can file a complaint about that
service with the carrier and with the Aviation Consumer Protection
Division of the Department of Transportation.'';
(3) by amending subsection (c), as redesignated, to read as
follows:
``(c) Internet Web Site or Other Online Service Notice.--Each air
carrier and foreign air carrier shall include on its Internet Web site,
any related mobile device application, and online service--
``(1) the hotline telephone number established under
subsection (a) or for the Aviation Consumer Protection Division
of the Department of Transportation;
``(2) an active link and the email address, telephone
number, and mailing address of the air carrier or foreign air
carrier, as applicable, for a consumer to submit a complaint to
the carrier about the quality of service;
``(3) notice that the consumer can file a complaint with
the Aviation Consumer Protection Division of the Department of
Transportation;
``(4) an active link to the Internet Web site of the
Aviation Consumer Protection Division of the Department of
Transportation for a consumer to file a complaint; and
``(5) the active link described in paragraph (2) on the
same Internet Web site page as the active link described in
paragraph (4).''; and
(4) in subsection (d), as redesignated--
(A) in the matter preceding paragraph (1), by
striking ``An air carrier or foreign air carrier
providing scheduled air transportation using any
aircraft that as originally designed has a passenger
capacity of 30 or more passenger seats'' and inserting
``Each air carrier and foreign air carrier'';
(B) in paragraph (1), by striking ``air carrier''
and inserting ``carrier''; and
(C) in paragraph (2), by striking ``air carrier''
and inserting ``carrier''.
(b) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall promulgate
regulations to implement the requirements of section 42302 of title 49,
United States Code, as amended.
SEC. 3115. ONLINE ACCESS TO AVIATION CONSUMER PROTECTION INFORMATION.
(a) Internet Web Site.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall--
(1) complete an evaluation of the aviation consumer
protection portion of the Department of Transportation's public
Internet Web site to identify any changes to the user interface
that will improve usability, accessibility, consumer
satisfaction, and Web site performance;
(2) in completing the evaluation under paragraph (1)--
(A) consider the best practices of other Federal
agencies with effective Web sites; and
(B) consult with the Federal Web Managers Council;
(3) develop a plan, including an implementation timeline,
for--
(A) making the changes identified under paragraph
(1); and
(B) making any necessary changes to that portion of
the Web site that will enable a consumer--
(i) to access information regarding each
complaint filed with the Aviation Consumer
Protection Division of the Department of
Transportation;
(ii) to search the complaints described in
clause (i) by the name of the air carrier, the
dates of departure and arrival, the airports of
origin and departure, and the type of
complaint; and
(iii) to determine the date a complaint was
filed and the date a complaint was resolved;
and
(4) submit the evaluation and plan to appropriate
committees of Congress.
(b) Mobile Application Software.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Transportation shall--
(1) implement a program to develop application software for
wireless devices that will enable a user to access information
and perform activities related to aviation consumer protection,
such as--
(A) information regarding airline passenger
protections, including protections related to lost
baggage and baggage fees, disclosure of additional
fees, bumping, cancelled or delayed flights, damaged or
lost baggage, and tarmac delays; and
(B) file an aviation consumer complaint, including
a safety and security, airline service, disability and
discrimination, or privacy complaint, with the Aviation
Consumer Protection Division of the Department of
Transportation; and
(2) make the application software available to the public
at no cost.
SEC. 3116. STUDY ON IN CABIN WHEELCHAIR RESTRAINT SYSTEMS.
Not later than 2 years after the date of enactment of this Act, the
Architectural and Transportation Barriers Compliance Board, in
consultation with the Secretary of Transportation, shall conduct a
study to determine the ways in which particular individuals with
significant disabilities who use wheelchairs, including power
wheelchairs, can be accommodated through in cabin wheelchair restraint
systems.
SEC. 3117. TRAINING POLICIES REGARDING ASSISTANCE FOR PERSONS WITH
DISABILITIES.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report describing--
(1) each air carrier's training policy for its personnel
and contractors regarding assistance for persons with
disabilities, as required by Department of Transportation
regulations;
(2) any variations among the air carriers in the policies
described in paragraph (1);
(3) how the training policies are implemented to meet the
Department of Transportation regulations;
(4) how frequently an air carrier must train new employees
and contractors due to turnover in positions that require such
training;
(5) how frequently, in the prior 10 years, the Department
of Transportation has requested, after reviewing a training
policy, that an air carrier take corrective action; and
(6) the action taken by an air carrier under paragraph (5).
(b) Best Practices.--After the date the report is submitted under
subsection (a), the Secretary of Transportation, based on the findings
of the report, shall develop and disseminate to air carriers such best
practices as the Secretary considers necessary to improve the training
policies.
SEC. 3118. ADVISORY COMMITTEE ON THE AIR TRAVEL NEEDS OF PASSENGERS
WITH DISABILITIES.
(a) Establishment.--The Secretary of Transportation shall establish
an advisory committee for the air travel needs of passengers with
disabilities (referred to in this section as the ``Advisory
Committee'').
(b) Duties.--The Advisory Committee shall advise the Secretary with
regard to the implementation of the Air Carrier Access Act of 1986
(Public Law 99-435; 100 Stat. 1080), including--
(1) assessing the disability-related access barriers
encountered by passengers with disabilities;
(2) determining the extent to which the programs and
activities of the Department of Transportation are addressing
the barriers described in paragraph (1);
(3) recommending improvements to the air travel experience
of passengers with disabilities; and
(4) such activities as the Secretary considers necessary to
carry out this section.
(c) Membership.--
(1) In general.--The Advisory Committee shall be comprised
of at least 1 representative of each of the following groups:
(A) Passengers with disabilities.
(B) National disability organizations.
(C) Air carriers.
(D) Airport operators.
(E) Contractor service providers.
(2) Appointment.--The Secretary of Transportation shall
appoint each member of the Advisory Committee.
(3) Vacancies.--A vacancy in the Advisory Committee shall
be filled in the manner in which the original appointment was
made.
(d) Chairperson.--The Secretary of Transportation shall designate,
from among the members appointed under subsection (c), an individual to
serve as chairperson of the Advisory Committee.
(e) Travel Expenses.--Members of the advisory committee shall serve
without pay, but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(f) Reports.--
(1) In general.--Not later than February 1 of each year,
the Advisory Committee shall submit to the Secretary of
Transportation a report on the needs of passengers with
disabilities in air travel, including--
(A) an assessment of disability-related access
barriers, both those that were evident in the preceding
year and those that will likely be an issue in the next
5 years;
(B) an evaluation of the extent to which the
Department of Transportation's programs and activities
are eliminating disability-related access barriers;
(C) a description of the Advisory Committee's
actions during the prior calendar year;
(D) a description of activities that the Advisory
Committee proposed to undertake in the succeeding
calendar year; and
(E) any recommendations for legislation,
administrative action, or other action that the
Advisory Committee considers appropriate.
(2) Report to congress.--Not later than 60 days after the
date the Secretary receives the report under subparagraph (A),
the Secretary shall submit to Congress a copy of the report,
including any additional findings or recommendations that the
Secretary considers appropriate.
(g) Termination.--The Advisory Committee shall terminate 2 years
after the date of enactment of this Act.
SEC. 3119. REPORT ON COVERED AIR CARRIER CHANGE, CANCELLATION, AND
BAGGAGE FEES.
(a) In General.--The Comptroller General of the United States shall
conduct a study of existing airline industry change, cancellation, and
bag fees and the current industry practice for handling changes to or
cancellation of ticketed travel on covered air carriers.
(b) Considerations.--In conducting the study, the Comptroller
General shall consider, at a minimum--
(1) whether and how each covered air carrier calculates its
change fees, cancellation fees, and bag fees; and
(2) the relationship between the cost of the ticket and the
date of change or cancellation as compared to the date of
travel.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the study, including the Comptroller
General's findings, conclusions, and recommendations.
SEC. 3120. ENFORCEMENT OF AVIATION CONSUMER PROTECTION RULES.
(a) In General.--The Comptroller General of the United States shall
conduct a study to consider and evaluate Department of Transportation
enforcement of aviation consumer protection rules.
(b) Contents.--The study under subsection (a) shall include an
evaluation of--
(1) available enforcement mechanisms;
(2) any obstacles to enforcement; and
(3) trends in Department of Transportation enforcement
actions.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the study, including the Comptroller
General's findings, conclusions, and recommendations.
SEC. 3121. DIMENSIONS FOR PASSENGER SEATS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall initiate a
proceeding to study the minimum seat pitch for passenger seats on
aircraft operated by air carriers (as defined in section 40102 of title
49, United States Code).
(b) Considerations.--In reviewing any minimum seat pitch under
subsection (a), the Secretary shall consider the safety of passengers,
including passengers with disabilities.
SEC. 3122. CELL PHONE VOICE COMMUNICATIONS.
(a) In General.--Subchapter I of chapter 417, as amended by section
2307 of this Act, is further amended by adding at the end the
following:
``Sec. 41726. Cell phone voice communications
``(a) Prohibition Authority.--The Secretary of Transportation may
issue regulations--
``(1) to prohibit an individual on an aircraft from
engaging in voice communications using a mobile communications
device during a flight of that aircraft in scheduled passenger
interstate or intrastate air transportation; and
``(2) that exempt from the prohibition described in
paragraph (1)--
``(A) any member of the flight crew on duty on an
aircraft;
``(B) any flight attendant on duty on an aircraft;
and
``(C) any Federal law enforcement officer acting in
an official capacity.
``(b) Definitions.--In this section:
``(1) Flight.--The term `flight' means, with respect to an
aircraft, the period beginning when the aircraft takes off and
ending when the aircraft lands.
``(2) Mobile communications device.--
``(A) In general.--The term `mobile communications
device' means any portable wireless telecommunications
equipment utilized for the transmission or reception of
voice data.
``(B) Limitation.--The term `mobile communications
device' does not include a phone installed on an
aircraft.''.
(b) Table of Contents.--The table of contents at the beginning of
chapter 417, as amended by section 2307 of this Act, is further amended
by inserting after the item relating to section 41725 the following:
``41726. Cell phone voice communications.''.
SEC. 3123. AVAILABILITY OF SLOTS FOR NEW ENTRANT AIR CARRIERS AT NEWARK
LIBERTY INTERNATIONAL AIRPORT.
(a) Definitions.--The terms ``new entrant air carrier'' and
``slot'' have the meanings given those terms in section 41714(h) of
title 49, United States Code.
(b) Slots for New Entrant Air Carriers.--The Secretary shall,
annually, by granting exemptions from the requirements under part 93 of
title 14, Code of Federal Regulations, or by other means, make not less
than 8 slots at Newark Liberty International Airport available to
enable new entrant air carriers to provide air transportation.
(c) Applicability.--Subsection (a) shall not apply in any year--
(1) new entrant air carriers operate 5 percent or more of
the total number of slots at Newark Liberty International
Airport; or
(2) the Secretary makes a determination that making slots
available to enable new entrant air carriers to provide air
transportation at that airport is not in the public interest
and doing so would significantly increase operational delays.
(d) Report to Congress.--The Secretary shall notify the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives not later than 14 calendar days after the date a
determination is made under subsection (c)(2), including the reasons
for that determination.
Subtitle B--Essential Air Service
SEC. 3201. ESSENTIAL AIR SERVICE.
(a) Authorization Extension.--Section 41742(a) is amended--
(1) in paragraph (2), by striking ``$150,000,000'' and all
that follows though ``July 15, 2016'' and inserting
``$155,000,000 for each of fiscal years 2016 through 2017'';
and
(2) by striking paragraph (3).
(b) Definitions.--Section 41731(a)(1)(A) is amended by striking
clause (ii) and inserting the following:
``(ii) was determined, on or after October
1, 1988, and before December 1, 2012, under
this subchapter by the Secretary of
Transportation to be eligible to receive
subsidized small community air service under
section 41736(a);''.
(c) Seasonal Service.--The Secretary of Transportation may consider
the flexibility of current operational dates and airport accessibility
to meet local community needs when issuing requests for proposal of
essential air service at seasonal airports.
SEC. 3202. SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM.
(a) Extension of Authorization.--Section 41743(e)(2) is amended to
read as follows:
``(2) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $10,000,000 for each of
fiscal years 2016 through 2017 to carry out this section. Such
sums shall remain available until expended.''.
(b) Eligibility.--Section 41743(c)(1) is amended to read as
follows:
``(1) Size.--On the date of the most recent notice of order
soliciting community proposals issued by the Secretary under
this section, the airport serving the community or consortium--
``(A) was not larger than a small hub airport, as
determined using the Department of Transportation's
most recent published classification; and
``(B)(i) had insufficient air carrier service; or
``(ii) had unreasonably high air fares.''.
SEC. 3203. SMALL COMMUNITY PROGRAM AMENDMENTS.
(a) In General.--Section 41743(c)(4) is amended--
(1) by inserting ``(B) Same projects.--'' before the second
sentence and indenting appropriately;
(2) by inserting ``(A) In general.--'' before the first
sentence and indenting appropriately;
(3) in subparagraph (B), as designated by this subsection,
by striking ``No community'' and inserting ``Except as provided
in subparagraph (C)''; and
(4) by adding at the end the following:
``(C) Exception.--The Secretary may waive the
limitation under subparagraph (B) related to projects
that are the same if the Secretary determines that the
community or consortium spent little or no money on its
previous project or encountered industry or
environmental challenges, due to circumstances that
were reasonably beyond the control of the community or
consortium.''.
(b) Authority To Make Agreements.--Section 41743(e)(1) is amended
by adding at the end the following: ``The Secretary may amend the scope
of a grant agreement at the request of the community or consortium and
any participating air carrier, and may limit the scope of a grant
agreement to only the elements using grant assistance or to only the
elements achieved, if the Secretary determines that the amendment is
reasonably consistent with the original purpose of the project.''.
SEC. 3204. WAIVERS.
Section 41732 is amended by adding at the end the following:
``(c) Waivers.--Notwithstanding section 41733(e), upon request by
an eligible place, the Secretary may waive, in whole or in part,
subsections (a) and (b) of this section or subsections (a) through (c)
of section 41734. A waiver issued under this subsection shall remain in
effect for a limited period of time, as determined by the Secretary.''.
SEC. 3205. WORKING GROUP ON IMPROVING AIR SERVICE TO SMALL COMMUNITIES.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation and the
Administrator of the Federal Aviation Administration shall establish a
working group--
(1) to identify obstacles to attracting and maintaining air
transportation service to and from small communities; and
(2) to develop recommendations for maintaining and
improving air transportation service to and from small
communities.
(b) Outreach.--In carrying out the requirements under paragraphs
(1) and (2) of subsection (a), the working group shall consult with--
(1) interested Governors;
(2) representatives of State and local agencies, and other
officials and groups, representing rural States and other rural
areas;
(3) other representatives of relevant State and local
agencies; and
(4) members of the public with experience in aviation
safety, pilot training, economic development, and related
issues.
(c) Considerations.--In carrying out the requirements under
paragraphs (1) and (2) of subsection (a), the working group shall--
(1) consider whether funding for, and terms of, current or
potential new programs is sufficient to help ensure
continuation of or improvement to air transportation service to
small communities, including the Essential Air Service Program
and the Small Community Air Service Development Program;
(2) identify initiatives to help support pilot training to
provide air transportation service to small communities;
(3) consider whether Federal funding for airports serving
small communities, including airports that have lost air
transportation services or had decreased enplanements in recent
years, is adequate to ensure that small communities have access
to quality, affordable air transportation service;
(4) consider potential improvements in pilot training and
any constraints affecting pilot career pathways that, if
addressed, would increase both aviation safety and pilot
supply;
(5) identify innovative State or local efforts that have
established public-private partnerships that are successful in
attracting and retaining air transportation service in small
communities; and
(6) consider such other issues as the Secretary and
Administrator consider appropriate.
(d) Composition.--
(1) In general.--The working group shall be facilitated
through the Administrator or the Administrator's designee.
(2) Membership.--Members of the working group shall be
appointed by the Administrator and shall include
representatives of--
(A) State and local government, including State and
local aviation officials;
(B) State Governors;
(C) aviation safety experts;
(D) economic development officials; and
(E) the traveling public from small communities.
(e) Report and Recommendations.--Not later than 1 year after the
date of enactment of this Act, the Secretary and the Administrator
shall submit to the appropriate committees of Congress a report,
including--
(1) a summary of the views expressed by the participants in
the outreach under subsection (b);
(2) a description of the working group's findings,
including the identification of any areas of general consensus
among the non-Federal participants in the outreach under
subsection (b); and
(3) any recommendations for legislative or regulatory
action that would assist in maintaining and improving air
transportation service to and from small communities.
TITLE IV--NEXTGEN AND FAA ORGANIZATION
SEC. 4001. DEFINITIONS.
In this title:
(1) Administration.--The term ``Administration'' means the
Federal Aviation Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(4) ADS-B out.--The term ``ADS-B Out'' means automatic
dependent surveillance-broadcast with the ability to transmit
information from the aircraft to ground stations and to other
equipped aircraft.
(5) Nextgen.--The term ``NextGen'' means the Next
Generation Air Transportation System.
Subtitle A--Next Generation Air Transportation System
SEC. 4101. RETURN ON INVESTMENT ASSESSMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit to the appropriate
committees of Congress a report on the Administrator's assessment of
each NextGen program.
(b) Contents.--The report under subsection (a) shall include--
(1) an estimate of the date that each NextGen program will
have a positive return on investment;
(2) an assessment of the impacts of each such program for--
(A) the Federal Government; and
(B) the users of the national airspace system;
(3) a description of how each such program directly
contributes to a more safe and efficient air traffic control
system; and
(4) the status of NextGen programs and of the projected
return on investment for each such program.
(c) NextGen Priority List.--Based on the assessment under
subsection (a) the Administrator shall--
(1) develop, in coordination with the NextGen Advisory
Committee and considering the need for a balance between long-
term and near-term user benefits, a prioritization of each
NextGen program;
(2) include the priority list in the report under
subsection (b); and
(3) prepare budget submissions to reflect the current
status of NextGen programs and projected returns on investment
for each program.
(d) Definitions.--In this section:
(1) Key milestones.--The term ``key milestones'' includes
cost and deployment schedule, and benefits anticipated in the
most recent baseline.
(2) Return on investment.--The term ``return on
investment'' means the cost associated with technologies that
are required by law or policy as compared to the benefits
derived from such technologies by a government or a user of
airspace.
(e) Repeal of NextGen Priorities.--Section 202 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C.
40101 note) and the item relating to that section in the table of
contents under section 1(b) of that Act are repealed.
SEC. 4102. ENSURING FAA READINESS TO USE NEW TECHNOLOGY.
(a) In General.--Not later than December 31, 2017, the
Administrator shall--
(1) ensure the capability of the Administration to receive
space-based ADS-B data; and
(2) use the data described under paragraph (1) to provide
positive air traffic control, including separation of aircraft
over the oceans and other specific regions not covered by
radar.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, and biannually thereafter until the date that the
Administrator certifies that the Administration has the capability to
receive space-based ADS-B data, the Administrator shall submit to the
appropriate committees of Congress a report that--
(1) details the actions the Administrator has taken to
ensure 2018 readiness and usage;
(2) details the actions that remain to be taken to
implement such capability;
(3) includes a schedule for expected completion of each
outstanding action described in paragraph (2); and
(4) includes a detailed description of the investment
decisions and requests for funding made by the Administrator
that are consistent with the terrestrial ADS-B implementation
to ensure a sustained program beyond 2018.
SEC. 4103. NEXTGEN ANNUAL PERFORMANCE GOALS.
(a) Annual Performance Goals.--Section 214 of the FAA Modernization
and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Annual Performance Goals.--The Administrator shall establish
annual NextGen performance goals for each of the performance metrics
set forth in subsection (a) to meet the performance metric baselines
identified under subsection (b). Such goals shall be consistent with
the annual performance objectives established by the senior policy
committee (commonly known as the `NextGen Advisory Committee')
established under section 710 of the Vision 100--Century of Aviation
Reauthorization Act (Public Law 108-176; 49 U.S.C. 40101 note).''.
(b) NextGen Metrics Report.--Section 710(e)(2) of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176; 49 U.S.C.
40101 note) is amended--
(1) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) a description of the progress made in meeting
the annual NextGen performance goals relative to the
performance metrics established under section 214 of
the FAA Modernization and Reform Act of 2012 (Public
Law 112-95; 49 U.S.C. 40101 note).''.
(c) Chief NextGen Officer.--Section 106(s)(3) is amended--
(1) in paragraph (2)(B), by adding at the end the
following: ``In evaluating the performance of the Chief NextGen
Officer for the purpose of awarding a bonus under this
subparagraph, the Administrator shall consider the progress
toward meeting the NextGen performance goals established
pursuant to section 214(d) of the FAA Modernization and Reform
Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note).''; and
(2) in paragraph (3), by adding at the end the following:
``The annual performance goals set forth in the agreement shall
include quantifiable NextGen airspace performance objectives
regarding efficiency, productivity, capacity, and safety, which
shall be established by the senior policy committee (commonly
known as the `NextGen Advisory Committee') established under
section 710 of the Vision 100--Century of Aviation
Reauthorization Act (Public Law 108-176; 49 U.S.C. 40101
note).''.
SEC. 4104. FACILITY OUTAGE CONTINGENCY PLANS.
(a) Findings.--Congress makes the following findings:
(1) On September 26, 2014, an Administration contract
employee deliberately started a fire that destroyed critical
equipment at the Administration's Chicago Air Route Traffic
Control Center (referred to in this section as the ``Chicago
Center'') in Aurora, Illinois.
(2) As a result of the damage, Chicago Center was unable to
control air traffic for more than 2 weeks, thousands of flights
were delayed or cancelled into and out of O'Hare International
Airport and Midway Airport in Chicago, and aviation
stakeholders and airlines reportedly lost over $350,000,000.
(3) According to the Office of the Inspector General of the
Department of Transportation, the fire at Chicago Center
demonstrated that the Administration's contingency plans for
the Chicago Center and the airspace it controls do not ensure
redundancy and resiliency for sustained operations.
(4) Further, the Inspector General found that Chicago
Center incident highlighted the limited flexibility and lack of
resiliency in critical elements of the Administration's current
air traffic control infrastructure, including limited
communication capacity and the inability to easily transfer
control of airspace and flight plans.
(b) Comprehensive Contingency Plan.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall update the
Administration's comprehensive contingency plan to address potential
air traffic facility outages that could have a major impact on
operation of the national airspace system.
(c) Report.--Not later than 60 days after the date the plan is
updated under subsection (b), the Administrator shall submit to the
appropriate committees of Congress a report on the update, including
any recommendations for ensuring air traffic facility outages do not
have a major impact on operation of the national airspace system.
SEC. 4105. ADS-B MANDATE ASSESSMENT.
(a) Assessment.--Not later than 1 year after the date of enactment
of this Act, the Inspector General of the Department of Transportation
shall assess--
(1) Administration and industry readiness to meet the ADS-B
mandate by 2020;
(2) changes to ADS-B program since May 2010; and
(3) additional options to comply with the mandate and
consequences, both for individual system users and for the
overall safety and efficiency of the national airspace system,
for noncompliance.
(b) Report.--Not later than 60 days after the date the assessment
under subsection (a) is complete, the Inspector General of the
Department of Transportation shall submit to the appropriate committees
of Congress a report on the progress made toward meeting the ADS-B
mandate by 2020, including any recommendations of the Inspector General
to carry out such mandate.
SEC. 4106. NEXTGEN INTEROPERABILITY.
(a) In General.--To implement a more effective international
strategy for achieving NextGen interoperability with foreign countries,
the Administrator shall take the following actions:
(1) Conduct a gap analysis to identify potential risks to
NextGen interoperability with other Air Navigation Service
Providers and establish a schedule for periodically
reevaluating such risks.
(2) Develop a plan that identifies and documents actions
the Administrator will undertake to mitigate such risks, using
information from the gap analysis as a basis for making
management decisions about how to allocate resources for such
actions.
(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 analysis conducted under paragraph (1) of
subsection (a) and on the actions the Administrator has taken under
paragraph (2) of such subsection.
SEC. 4107. NEXTGEN TRANSITION MANAGEMENT.
(a) In General.--The Administrator shall--
(1) identify and analyze technical and operational maturity
gaps in NextGen transition and implementation plans; and
(2) develop a plan to mitigate the gaps identified in
paragraph (1).
(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 actions taken to carry out the plan
required by subsection (a)(2).
SEC. 4108. IMPLEMENTATION OF NEXTGEN OPERATIONAL IMPROVEMENTS.
(a) In General.--To help ensure that NextGen operational
improvements are fully implemented in the midterm, the Administrator
shall--
(1) work with airlines and other users of the national
airspace system (referred to in this section as ``NAS'') to
develop and implement a system to systematically track the use
of existing performance based navigation (referred to in this
section as ``PBN'') procedures;
(2) require consideration of other key operational
improvements in planning for NextGen improvements, including
identifying additional metroplexes for PBN projects, non-
metroplex PBN procedures, as well as the identification of
unused flight routes for decommissioning;
(3) develop and implement guidelines for ensuring timely
inclusion of appropriate stakeholders, including airport
representatives, in the planning and implementation of NextGen
improvement efforts; and
(4) assure that NextGen planning documents provide
stakeholders information on how and when operational
improvements are expected to achieve NextGen goals and targets.
(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 progress made toward implementing the
requirements of subsection (a), and on the schedule and process that
will be used to implement PBN at additional airports, including
information on how the Administration will partner and coordinate with
private industry to ensure expeditious implementation of performance
based navigation.
SEC. 4109. CYBERSECURITY.
(a) In General.--The Administrator shall--
(1) identify and implement ways to better incorporate
cybersecurity measures as a systems characteristic at all
levels and phases of the architecture and design of air traffic
control programs, including NextGen programs;
(2) develop a threat model that will identify
vulnerabilities to better focus resources to mitigate
cybersecurity risks;
(3) develop an appropriate plan to mitigate cybersecurity
risk, to respond to an attack, intrusion, or otherwise
unauthorized access and to adapt to evolving cybersecurity
threats; and
(4) foster a cybersecurity culture throughout the
Administration, including air traffic control programs and
relevant contractors.
(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 progress made toward implementing the
requirements under subsection (a).
SEC. 4110. SECURING AIRCRAFT AVIONICS SYSTEMS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall consider revising Federal Aviation Administration
regulations regarding airworthiness certification--
(1) to address cybersecurity for avionics systems,
including software components; and
(2) to require that aircraft avionics systems used for
flight guidance or aircraft control be secured against
unauthorized access via passenger in-flight entertainment
systems through such means as the Administrator determines
appropriate to protect the avionics systems from unauthorized
external and internal access.
(b) Consideration.--The Administrator's consideration and any
action taken under subsection (a) shall be in accordance with the
recommendations of the Aircraft Systems Information Security Protection
Working Group under section 5029(d) of this Act.
SEC. 4111. DEFINING NEXTGEN.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) assess how the line items included in the
Administration's NextGen budget request relate to the goals and
expected outcomes of NextGen, including how NextGen programs
directly contribute to a measurably safer and more efficient
air traffic control system; and
(2) submit to the appropriate committees of Congress a
report on the results of the assessment under paragraph (1),
including any recommendations for the removal of line items
that do not pertain to the overall vision for NextGen.
SEC. 4112. HUMAN FACTORS.
(a) In General.--In order to avoid having to subsequently modify
products and services developed as a part of NextGen, the Administrator
shall--
(1) recognize and incorporate, in early design phases of
all relevant NextGen programs, the human factors and procedural
and airspace implications of stated goals and associated
technical changes; and
(2) ensure that a human factors specialist, separate from
the research and certification groups, is directly involved
with the NextGen approval process.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the progress made toward implementing the
requirements under subsection (a).
SEC. 4113. MAJOR ACQUISITION REPORTS.
(a) In General.--The Administrator shall evaluate the current
acquisition practices of the Administration to ensure that such
practices--
(1) identify the current estimated costs for each
acquisition system, including all segments;
(2) separately identify cumulative amounts for acquisition
costs, technical refresh, and other enhancements in order to
identify the total baselined and re-baselined costs for each
system; and
(3) account for the way funds are being used when reporting
to managers, Congress, and other stakeholders.
(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 progress made toward implementing the
requirements under subsection (a).
SEC. 4114. EQUIPAGE MANDATES.
(a) In General.--Before NextGen-related equipage mandates are
imposed on users of the national airspace system, the Administrator, in
collaboration with all relevant stakeholders, shall--
(1) provide a statement of estimated cost and benefits that
is based upon mature and stable technical specifications; and
(2) create a schedule for Administration deliverables and
investments by both users and the Administration, including for
procedure and airspace design, infrastructure deployment, and
training.
SEC. 4115. WORKFORCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall--
(1) identify and assess barriers to attracting, developing,
training, and retaining a talented workforce in the areas of
systems engineering, architecture, systems integration, digital
communications, and cybersecurity;
(2) develop a comprehensive plan to attract, develop,
train, and retain talented individuals; and
(3) identify the resources needed to attract, develop, and
retain this talent.
(b) Report.--The Administrator shall submit to the appropriate
committees of Congress a report on the progress made toward
implementing the requirements under subsection (a).
SEC. 4116. ARCHITECTURAL LEADERSHIP.
(a) In General.--In order to provide an adequate technical
foundation for steering NextGen's technical governance and managing
inevitable changes in technology and operations, the Administrator
shall--
(1) develop a plan that--
(A) uses an architecture leadership community and
an effective governance approach to assure a proper
balance between documents and artifacts and to provide
high-level guidance;
(B) enables effective management and communication
of dependencies;
(C) provides flexibility and the ability to evolve
to ensure accommodation of future needs; and
(D) communicates changing circumstances in order to
align agency and airspace user expectations;
(2) determine the feasibility of conducting a small number
of experiments among the Administration's system integration
partners to prototype candidate solutions for establishing and
managing a vibrant architectural community; and
(3) develop a method to initiate, grow, and engage a
capable architecture community, from both within and outside of
the Administration, who will expand the breadth and depth of
expertise that is steering architectural changes.
(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 progress made toward implementing the
requirements under subsection (a).
SEC. 4117. PROGRAMMATIC RISK MANAGEMENT.
(a) In General.--To better inform the Administration's decisions
regarding the prioritization of efforts and allocation of resources for
NextGen, the Administrator shall--
(1) solicit input from specialists in probability and
statistics to identify and prioritize the programmatic and
implementation risks to NextGen; and
(2) develop a method to manage and mitigate the risks
identified in paragraph (1).
(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 progress made toward implementing the
requirements under subsection (a).
SEC. 4118. NEXTGEN PRIORITIZATION.
The Administrator shall consider expediting NextGen modernization
implementation projects at public use airports that share airspace with
active military training ranges and do not have radar coverage where
such implementation would improve the safety of aviation operations.
Subtitle B--Administration Organization and Employees
SEC. 4201. COST-SAVING INITIATIVES.
(a) In General.--To ensure that Administration initiatives are
being implemented in a timely and fiscally responsible manner, the
Administrator shall--
(1) identify and implement agencywide cost-saving
initiatives; and
(2) develop appropriate schedules and metrics to measure
whether the initiatives are successful in reducing costs.
(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 progress made toward implementing the
requirements under subsection (a).
SEC. 4202. TREATMENT OF ESSENTIAL EMPLOYEES DURING FURLOUGHS.
(a) Definition of Essential Employee.--In this section, the term
``essential employee'' means an employee of the Administration who
performs work involving the safety of human life or the protection of
property, as determined by the Administrator.
(b) In General.--In implementing spending reductions under Federal
law, the Administrator may furlough 1 or more employees of the
Administration, except an essential employee, if the Administrator
determines the furlough is necessary to achieve the required spending
reductions.
(c) Transfer of Budgetary Resources.--The Administrator may
transfer budgetary resources within the Administration to carry out
subsection (b), except that the transfer may only be made to maintain
essential employees.
SEC. 4203. CONTROLLER CANDIDATE INTERVIEWS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Administrator shall require that an in-person
interview be conducted with each individual applying for an air traffic
control specialist position before that individual may be hired to fill
that position.
(b) Guidance.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall establish guidelines regarding the
in-person interview process described in subsection (a).
SEC. 4204. HIRING OF AIR TRAFFIC CONTROLLERS.
(a) In General.--Section 44506 is amended by adding at the end the
following:
``(f) Hiring of Certain Air Traffic Control Specialists.--
``(1) Consideration of applicants.--
``(A) Ensuring selection of most qualified
applicants.--In appointing individuals to the position
of air traffic controllers, the Administrator shall
give preferential consideration to qualified
individuals maintaining 52 consecutive weeks of air
traffic control experience involving the full-time
active separation of air traffic after receipt of an
air traffic certification or air traffic control
facility rating within 5 years of application while
serving at--
``(i) a Federal Aviation Administration air
traffic control facility;
``(ii) a civilian or military air traffic
control facility of the Department of Defense;
or
``(iii) a tower operating under contract
with the Federal Aviation Administration under
section 47124 of this title.
``(B) Consideration of additional applicants.--The
Administrator shall consider additional applicants for
the position of air traffic controller by referring an
approximately equal number of employees for appointment
among the 2 applicant pools. The number of employees
referred for consideration from each group shall not
differ by more than 10 percent.
``(i) Pool one.--Applicants who:
``(I) have successfully completed
air traffic controller training and
graduated from an institution
participating in the Collegiate
Training Initiative program maintained
under subsection (c)(1) who have
received from the institution--
``(aa) an appropriate
recommendation; or
``(bb) an endorsement
certifying that the individual
would have met the requirements
in effect as of December 31,
2013, for an appropriate
recommendation;
``(II) are eligible for a veterans
recruitment appointment pursuant to
section 4214 of title 38, United States
Code, and provide a Certificate of
Release or Discharge from Active Duty
within 120 days of the announcement
closing;
``(III) are eligible veterans (as
defined in section 4211 of title 38,
United States Code) maintaining
aviation experience obtained in the
course of the individual's military
experience; or
``(IV) are preference eligible
veterans (as defined in section 2108 of
title 5, United States Code).
``(ii) Pool two.--Applicants who apply
under a vacancy announcement recruiting from
all United States citizens.
``(2) Use of biographical assessments.--
``(A) Biographical assessments.--The Administration
shall not use any biographical assessment when hiring
under subparagraph (A) or subparagraph (B)(i) of
paragraph (1).
``(B) Reconsideration of applicants disqualified on
the basis of biographical assessments.--
``(i) In general.--If an individual
described in subparagraph (A) or subparagraph
(B)(i) of paragraph (1) who applied for the
position of air traffic controller with the
Administration in response to Vacancy
Announcement FAA-AMC-14-ALLSRCE-33537 (issued
on February 10, 2014) and was disqualified from
the position as the result of a biographical
assessment, the Administrator shall provide the
applicant an opportunity to reapply as soon as
practicable for the position under the revised
hiring practices.
``(ii) Waiver of age restriction.--The
Administrator shall waive any maximum age
restriction for the position of air traffic
controller with the Administration that would
otherwise disqualify an individual from the
position if the individual--
``(I) is reapplying for the
position pursuant to clause (i) on or
before December 31, 2017; and
``(II) met the maximum age
requirement on the date of the
individual's previous application for
the position during the interim hiring
process.
``(3) Maximum entry age for experienced controllers.--
Notwithstanding section 3307 of title 5, United States Code,
the maximum limit of age for an original appointment to a
position as an air traffic controller shall be 35 years of age
for those maintaining 52 weeks of air traffic control
experience involving the full-time active separation of air
traffic after receipt of an air traffic certification or air
traffic control facility rating in a civilian or military air
traffic control facility.''.
(b) Notification of Vacancies.--The Administrator shall consider
directly notifying secondary schools and institutes of higher learning,
including Historically Black Colleges and Universities, Hispanic-
serving institutions, Minority Institutions, and Tribal Colleges and
Universities, of the vacancy announcement under section
44506(f)(1)(B)(ii) of title 49, United States Code.
SEC. 4205. COMPUTATION OF BASIC ANNUITY FOR CERTAIN AIR TRAFFIC
CONTROLLERS.
(a) In General.--Section 8415(f) of title 5, United States Code, is
amended to read as follows:
``(f) The annuity of an air traffic controller or former air
traffic controller retiring under section 8412(a) is computed under
subsection (a), except that if the individual has at least 5 years of
service in any combination as:
``(1) an air traffic controller as defined by section
2109(1)(A)(i);
``(2) a first level supervisor of an air traffic controller
as defined by section 2109(1)(A)(i); or
``(3) a second level supervisor of an air traffic
controller as defined by section 2109(1)(A)(i);
so much of the annuity as is computed with respect to such type of
service shall be computed by multiplying 1 7/10 percent of the
individual's average pay by the years of such service.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
deemed to be effective on December 12, 2003.
(c) Procedures Required.--The Director of the Office of Personnel
Management shall establish such procedures as are necessary to provide
for--
(1) notification to each annuitant affected by the
amendments made by this section;
(2) recalculation of the benefits of affected annuitants;
(3) an adjustment to applicable monthly benefit amounts
pursuant to such recalculation, to begin as soon as is
practicable; and
(4) a lump sum payment to each affected annuitant equal to
the additional total benefit amount that such annuitant would
have received had the amendment made by subsection (a) been in
effect on December 12, 2003.
SEC. 4206. AIR TRAFFIC SERVICES AT AVIATION EVENTS.
(a) Requirement To Provide Services and Related Support.--The
Administrator of the Federal Aviation Administration shall provide air
traffic services and aviation safety support for aviation events,
including airshows and fly-ins, without the imposition or collection of
any fee, tax, or other charge for that purpose. Amounts for the
provision of such services and support shall be derived from amounts
appropriated or otherwise available for the Federal Aviation
Administration.
(b) Determination of Services and Support To Be Provided.--In
determining the services and support to be provided for an aviation
event for purposes of subsection (a), the Administrator shall take into
account the following:
(1) The services and support required to meet levels of
activity at prior events, if any, similar to the event.
(2) The anticipated need for services and support at the
event.
SEC. 4207. FULL ANNUITY SUPPLEMENT FOR CERTAIN AIR TRAFFIC CONTROLLERS.
Section 8421a of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``The amount'' and
inserting ``Except as provided in subsection (c), the amount'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) This section shall not apply to an individual described in
section 8412(e) during any period in which the individual, after
separating from the service as described in that section, is employed
full-time as an air traffic control instructor under contract with the
Federal Aviation Administration, including an instructor working at an
on-site facility (such as an airport).''.
SEC. 4208. INCLUSION OF DISABLED VETERAN LEAVE IN FEDERAL AVIATION
ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.
(a) In General.--Section 40122(g)(2) is amended--
(1) in subparagraph (H), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (I)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(J) subject to paragraph (4), section 6329,
relating to disabled veteran leave.''.
(b) Certification of Leave.--Section 40122(g) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Certification of disabled veteran leave.--In order to
verify that leave credited to an employee pursuant to paragraph
(2)(J) is used for treating a service-connected disability,
that employee shall, notwithstanding section 6329(c) of title
5, submit to the Assistant Administrator for Human Resource
Management of the Federal Aviation Administration
certification, in such form and manner as the Administrator of
the Federal Aviation Administration may prescribe, that the
employee used that leave for purposes of being furnished
treatment for that disability by a health care provider.''.
(c) Application.--The amendments made by this section shall apply
with respect to any employee of the Federal Aviation Administration
hired on or after the date that is 1 year after the date of enactment
of this Act.
(d) Policies and Procedures.--Not later than 270 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall prescribe policies and procedures to
carry out the amendments made by this section that are comparable, to
the maximum extent practicable, to the regulations prescribed by the
Office of Personnel Management under section 6329 of title 5, United
States Code.
(e) Annual Report.--Not later than 1 year after the date of
enactment of this Act and not less frequently than once each year
thereafter until the date that is 5 years after the date of enactment
of this Act, the Administrator shall publish on a publicly accessible
Internet Web site a report on--
(1) the effect carrying out this section and the amendments
made by this section has had on the workforce; and
(2) the number of veterans benefitting from carrying out
this section and the amendments made by this section.
TITLE V--MISCELLANEOUS
SEC. 5001. NATIONAL TRANSPORTATION SAFETY BOARD INVESTIGATIVE OFFICERS.
Section 1113 is amended by striking subsection (h).
SEC. 5002. PERFORMANCE-BASED NAVIGATION.
Section 213(c) of the FAA Modernization and Reform Act of 2012
(Public Law 112-95; 49 U.S.C. 40101 note) is amended by adding at the
end the following:
``(3) Notifications and consultations.--Not later than 90
days before applying a categorical exclusion under this
subsection to a new procedure at an OEP airport, the
Administrator shall--
``(A) notify and consult with the operator of the
airport at which the procedure would be implemented;
and
``(B) consider consultations or other engagement
with the community in the which the airport is located
to inform the public of the procedure.
``(4) Review of certain categorical exclusions.--
``(A) In general.--The Administrator shall review
any decision of the Administrator made on or after
February 14, 2012, and before the date of enactment of
this paragraph to grant a categorical exclusion under
this subsection with respect to a procedure to be
implemented at an OEP airport that was a material
change from procedures previously in effect at the
airport to determine if the implementation of the
procedure had a significant effect on the human
environment in the community in which the airport is
located if the operator of that airport--
``(i) requests such a review; and
``(ii) demonstrates that there is good
cause to believe that the implementation of the
procedure had such an effect.
``(B) Content of review.--If, in conducting a
review under subparagraph (A) with respect to a
procedure implemented at an OEP airport, the
Administrator, in consultation with the operator of the
airport, determines that implementing the procedure had
a significant effect on the human environment in the
community in which the airport is located, the
Administrator shall--
``(i) consult with the operator of the
airport to identify measures to mitigate the
effect of the procedure on the human
environment; and
``(ii) in conducting such consultations,
consider the use of alternative flight paths
that do not substantially degrade the
efficiencies achieved by the implementation of
the procedure being reviewed.
``(C) Human environment defined.--In this
paragraph, the term `human environment' has the meaning
given such term in section 1508.14 of title 40, Code of
Federal Regulations (as in effect on the day before the
date of enactment of this paragraph).''.
SEC. 5003. OVERFLIGHTS OF NATIONAL PARKS.
Section 40128 is amended--
(1) in subsection (a)(3), by striking ``the'' before
``title 14''; and
(2) by amending subsection (f) to read as follows:
``(f) Transportation Routes.--
``(1) In general.--This section shall not apply to any air
tour operator while flying over or near any Federal land
managed by the Director of the National Park Service, including
Lake Mead National Recreation Area, solely as a transportation
route, to conduct an air tour over the Grand Canyon National
Park.
``(2) En route.--For purposes of this subsection, an air
tour operator flying over the Hoover Dam in the Lake Mead
National Recreation Area en route to the Grand Canyon National
Park shall be deemed to be flying solely as a transportation
route.''.
SEC. 5004. NAVIGABLE AIRSPACE ANALYSIS FOR COMMERCIAL SPACE LAUNCH SITE
RUNWAYS.
(a) In General.--Section 44718(b)(1) is amended--
(1) by striking ``air navigation facilities and equipment''
and inserting ``air or space navigation facilities and
equipment'';
(2) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(F) the impact on launch and reentry for launch
and reentry vehicles arriving or departing from a
launch site or reentry site licensed by the
Secretary.''.
(b) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a rulemaking to implement the amendments
made by subsection (a).
SEC. 5005. SURVEY AND REPORT ON SPACEPORT DEVELOPMENT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the
appropriate committees of Congress a report on the existing system of
spaceports licensed by the Federal Aviation Administration that
includes recommendations regarding--
(1) the extent to which, and the manner in which, the
Federal Government could participate in the construction,
improvement, development, or maintenance of such spaceports;
and
(2) potential funding sources.
SEC. 5006. AVIATION FUEL.
(a) Use of Unleaded Aviation Gasoline.--The Administrator of the
Federal Aviation Administration shall allow the use of an unleaded
aviation gasoline in an aircraft as a replacement for a leaded gasoline
if the Administrator--
(1) determines that the unleaded aviation gasoline
qualifies as a replacement for an approved leaded gasoline;
(2) identifies the aircraft and engines that are eligible
to use the qualified replacement unleaded gasoline; and
(3) adopts a process (other than the traditional means of
certification) to allow eligible aircraft and engines to
operate using qualified replacement unleaded gasoline in a
manner that ensures safety.
(b) Timing.--The Administrator shall adopt the process described in
subsection (a)(3) not later than 180 days after the later of--
(1) the date on which the Administration completes the
Piston Aviation Fuels Initiative; or
(2) the date on which the American Society for Testing and
Materials publishes a production specification for an unleaded
aviation gasoline.
SEC. 5007. COMPREHENSIVE AVIATION PREPAREDNESS PLAN.
(a) In General.--No later than 1 year after the date of enactment
of this Act, the Secretary of Transportation and the Secretary of
Health and Human Services, in coordination with the Secretary of
Homeland Security, the Secretary of Labor, the Secretary of State, the
Secretary of Defense, and representatives of other Federal departments
and agencies, as necessary, shall develop a comprehensive national
aviation communicable disease preparedness plan.
(b) Minimum Components.--The plan developed under subsection (a)
shall--
(1) be developed in consultation with other relevant
stakeholders, including State, local, tribal, and territorial
governments, air carriers, first responders, and the general
public;
(2) provide for the development of a communications system
or protocols for providing comprehensive, appropriate, and up-
to-date information regarding communicable disease threats and
preparedness between all relevant stakeholders;
(3) document the roles and responsibilities of relevant
Federal department and agencies, including coordination
requirements;
(4) provide guidance to air carriers, airports, and other
appropriate aviation stakeholders on how to develop
comprehensive communicable disease preparedness plans for their
respective organizations, in accordance with the plan to be
developed under subsection (a);
(5) be scalable and adaptable so that the plan can be used
to address the full range of communicable disease threats and
incidents;
(6) provide information on communicable threats and
response training resources for all relevant stakeholders,
including Federal, State, local, tribal, and territorial
government employees, airport officials, aviation industry
employees and contractors, first responders, and health
officials;
(7) develop protocols for the dissemination of
comprehensive, up-to-date, and appropriate information to the
traveling public concerning communicable disease threats and
preparedness;
(8) be updated periodically to incorporate lessons learned
with supplemental information; and
(9) be provided in writing, electronically, and accessible
via the Internet.
(c) Interagency Framework.--The plan developed under subsection (a)
shall--
(1) be conducted under the existing interagency framework
for national level all hazards emergency preparedness planning
or another appropriate framework; and
(2) be consistent with the obligations of the United States
under international agreements.
SEC. 5008. ADVANCED MATERIALS CENTER OF EXCELLENCE.
(a) In General.--Chapter 445 is amended by adding at the end the
following:
``Sec. 44518. Advanced Materials Center of Excellence
``(a) In General.--The Administrator of the Federal Aviation
Administration shall continue operation of the Advanced Materials
Center of Excellence (referred to in this section as the `Center')
under its structure as in effect on March 1, 2016, which shall focus on
applied research and training on the durability and maintainability of
advanced materials in transport airframe structures.
``(b) Responsibilities.--The Center shall--
``(1) promote and facilitate collaboration among academia,
the Transportation Division of the Federal Aviation
Administration, and the commercial aircraft industry, including
manufacturers, commercial air carriers, and suppliers; and
``(2) establish goals set to advance technology, improve
engineering practices, and facilitate continuing education in
relevant areas of study.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $500,000 for each of the fiscal years
2016 and 2017 to carry out this section.''.
(b) Table of Contents.--The table of contents for chapter 445 is
amended by adding at the end the following:
``44518. Advanced Materials Center of Excellence.''.
SEC. 5009. INTERFERENCE WITH AIRLINE EMPLOYEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) complete a study of crimes of violence (as defined in
section 16 of title 18, United States Code) committed against
airline customer service representatives while they are
performing their duties and on airport property; and
(2) submit the findings of the study, including any
recommendations, to Congress.
(b) Gap Analysis.--The study shall include a gap analysis to
determine if State and local laws and resources are adequate to deter
or otherwise address the crimes of violence described in subsection (a)
and recommendations on how to address any identified gaps.
SEC. 5010. SECONDARY COCKPIT BARRIERS.
(a) Short Title.--This section may be cited as the ``Saracini
Aviation Safety Act of 2016''.
(b) Requirement.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue an order requiring installation of a
secondary cockpit barrier on each new aircraft that is manufactured for
delivery to a passenger air carrier in the United States operating
under the provisions of part 121 of title 14, Code of Federal
Regulations.
SEC. 5011. GAO EVALUATION AND AUDIT.
Section 15(a)(1) of the Railway Labor Act (45 U.S.C. 165(a)(1)) is
amended by striking ``2 years'' and inserting ``4 years''.
SEC. 5012. FEDERAL AVIATION ADMINISTRATION PERFORMANCE MEASURES AND
TARGETS.
(a) Performance Measures.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation shall
establish performance measures relating to the administration of the
Federal Aviation Administration, which shall, at a minimum, include
measures to assess--
(1) the reduction of delays in the completion of projects;
and
(2) the effectiveness of the Administration in achieving
the goals described in section 47171 of title 49, United States
Code.
(b) Performance Targets.--Not later than 180 days after the date on
which the Secretary establishes performance measures in accordance with
subsection (a), the Secretary shall establish performance targets
relating to each of the measures described in that subsection.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Inspector General of the Department of Transportation
shall submit to Congress a report describing the progress of the
Secretary in meeting the performance targets established under
subsection (b).
SEC. 5013. STAFFING OF CERTAIN AIR TRAFFIC CONTROL TOWERS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall ensure appropriate staffing at the Core 30 air
traffic control towers and associated terminal radar approach control
facilities and air route traffic control centers and ensure, as
appropriate, staffing levels at those control towers, facilities, and
centers are not below the average number of air traffic controllers
between the ``high'' and ``low'' staffing ranges, as specified in the
document of the Federal Aviation Administration entitled, ``A Plan for
the Future: 10-Year Strategy for Air Traffic Control Workforce 2015-
2024''.
(b) Retention.--The Administrator shall review strategies to
improve retention of experienced certified professional controllers at
the control towers, facilities, and centers described in subsection
(a)(1).
SEC. 5014. 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 12-month period at no fewer than 2
primary airports in varying weather conditions to measure the
retroflectivity levels of such markings on a quarterly basis;
and
(2) a study at 2 other airports carried out by applying
Type III beads on one half of the centerline and Type I 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 6-month period.
SEC. 5015. RESEARCH AND DEPLOYMENT OF CERTAIN AIRFIELD PAVEMENT
TECHNOLOGIES.
Using amounts made available under section 48102(a) of title 49,
United States Code, the Administrator of the Federal Aviation
Administration shall carry out a program for the research and
deployment of aircraft pavement technologies under which the
Administrator makes grants to, and enters into cooperative agreements
with, institutions of higher education and nonprofit organizations
that--
(1) research concrete and asphalt airfield pavement
technologies that extend the life of airfield pavements;
(2) develop and conduct training;
(3) provide for demonstration projects; and
(4) promote the latest airfield pavement technologies to
aid in the development of safer, more cost effective, and more
durable airfield pavements.
SEC. 5016. REPORT ON GENERAL AVIATION FLIGHT SHARING.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall submit
to the appropriate committees of Congress a report assessing the
feasibility of flight sharing for general aviation. The report shall
include an assessment of any regulations that may need to be updated to
allow for safe and efficient flight sharing, including regulations
imposing limitations on the forms of communication persons who hold
private pilot certificates may use.
SEC. 5017. INCREASE IN DURATION OF GENERAL AVIATION AIRCRAFT
REGISTRATION.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall initiate
a rulemaking to increase the duration of aircraft registrations for
noncommercial general aviation aircraft to 5 years.
SEC. 5018. MODIFICATION OF LIMITATION OF LIABILITY RELATING TO
AIRCRAFT.
Section 44112(b) is amended--
(1) by striking ``on land or water''; and
(2) by inserting ``operational'' before ``control''.
SEC. 5019. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF ILLEGAL DRUGS
SEIZED AT INTERNATIONAL AIRPORTS IN THE UNITED STATES.
(a) In General.--The Comptroller General of the United States shall
conduct a study of illegal drugs, including heroin, fentanyl, and
cocaine, seized by Federal authorities at international airports in the
United States.
(b) Elements.--In conducting the study required by subsection (a),
the Comptroller General shall address, at a minimum--
(1) the types and quantities of drugs seized;
(2) the origin of the drugs seized;
(3) the airport at which the drugs were seized;
(4) the manner in which the drugs were seized; and
(5) the manner in which the drugs were transported.
(c) Use of Data; Recommendations for Additional Data Collection.--
In conducting the study required by subsection (a), the Comptroller
General shall use all available data. If the Comptroller General
determines that additional data is needed to fully understand the
extent to which illegal drugs enter the United States through
international airports in the United States, the Comptroller General
shall develop recommendations for the collection of that data.
(d) Submission to Congress.--Not later than 180 days after the date
of enactment of this Act, the Comptroller General shall submit to
Congress a report on the study conducted under subsection (a) that
includes any recommendations developed under subsection (c).
SEC. 5020. SENSE OF CONGRESS ON PREVENTING THE TRANSPORTATION OF
DISEASE-CARRYING MOSQUITOES AND OTHER INSECTS ON
COMMERCIAL AIRCRAFT.
It is the sense of Congress that the Secretary of Transportation
and the Secretary of Agriculture should, in coordination and
consultation with the World Health Organization, develop a framework
and guidance for the use of safe, effective, and nontoxic means of
preventing the transportation of disease-carrying mosquitoes and other
insects on commercial aircraft.
SEC. 5021. WORK PLAN FOR THE NEW YORK/NEW JERSEY/PHILADELPHIA METROPLEX
PROGRAM.
Not later than 90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall develop and
publish in the Federal Register a work plan for the New York/New
Jersey/Philadelphia metroplex program.
SEC. 5022. REPORT ON PLANS FOR AIR TRAFFIC CONTROL FACILITIES IN THE
NEW YORK CITY AND NEWARK REGION.
Not later than 90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall submit to
the appropriate committees of Congress a report on the Federal Aviation
Administration's staffing and scheduling plans for air traffic control
facilities in the New York City and Newark region for the 1-year period
beginning on such date of enactment.
SEC. 5023. GAO STUDY OF INTERNATIONAL AIRLINE ALLIANCES.
(a) In General.--The Comptroller General of the United States shall
conduct a study of certain cooperative agreements between United States
air carriers and non-United States air carriers (referred to in this
section as ``alliances''), which--
(1) have been created pursuant to section 41309 of title
49, United States Code; and
(2) have been exempted from antitrust laws (as defined in
the first section of the Clayton Act (15 U.S.C. 12)) pursuant
to section 41308 of title 49, United States Code.
(b) Scope.--The study conducted under subsection (a) shall assess--
(1) the consequences of alliances, including reduced
competition, stifling new entrants into markets, increasing
prices in markets, and other adverse consequences;
(2) the representations made by air carriers to the
Secretary of Transportation for the necessity of an antitrust
exemption;
(3) the Department of Transportation's expectations of
public benefits resulting from alliances, including whether
such expected benefits were actually achieved;
(4) the adequacy of the Department of Transportation's
efforts in the approval and monitoring of alliances, including
possessing relevant experience and expertise in the fields of
antitrust and consumer protection;
(5) whether there has been sufficient transparency in the
approval of alliances, including opportunities for public
review and feedback;
(6) the role of the Department of Justice in the oversight
of alliances;
(7) whether there are alternatives to antitrust immunity
that could be conferred that would also produce public
benefits;
(8) whether alliances should be required to expire;
(9) the level of competition between air carriers who are
members of the same alliance;
(10) the level of competition between alliances;
(11) whether the Department of Transportation should amend,
modify, or revoke any exemption from the antitrust laws granted
by the Secretary of Transportation in connection with an
alliance; and
(12) the effect of alliances on the number and quality of
jobs for United States air carrier flight crew employees,
including the share of alliance flying done by such employees.
(c) Recommendations.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit to Congress
the results of the study conducted under subsection (a), which shall
include recommendations on the reforms needed to improve competition
and enhance choices for consumers, including--
(1) whether oversight of alliances should be exercised by
the Department of Justice rather than by the Department of
Transportation; and
(2) whether antitrust immunity for alliances should expire.
SEC. 5024. TREATMENT OF MULTI-YEAR LESSEES OF LARGE AND TURBINE-POWERED
MULTIENGINE AIRCRAFT.
The Secretary of Transportation shall revise such regulations as
may be necessary to ensure that multi-year lessees and owners of large
and turbine-powered multiengine aircraft are treated equally for
purposes of joint ownership policies of the Federal Aviation
Administration.
SEC. 5025. EVALUATION OF EMERGING TECHNOLOGIES.
(a) Study.--The Administrator of the Federal Aviation
Administration, in consultation with representatives of the aviation
community and institutions of higher education (as defined in section
101(a) of the Higher Education Act of 1964 (20 U.S.C. 1001(a))), shall
conduct a study to evaluate the potential impact of emerging
technologies, such as electric propulsion and autonomous control, on
the current state of aircraft design, operations, maintenance, and
licensing.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit a report to the appropriate
committees of Congress that summarizes the results of the study
conducted under subsection (a).
SEC. 5026. STUDENT OUTREACH REPORT.
Not later than 6 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall submit a
report to the appropriate committees of Congress that describes the
Administration's existing outreach efforts, such as the STEM Aviation
and Space Education Outreach Program, to elementary and secondary
students who are interested in careers in science, technology,
engineering, art, and mathematics--
(1) to prepare and inspire such students for aeronautical
careers; and
(2) to mitigate an anticipated shortage of pilots and other
aviation professionals.
SEC. 5027. RIGHT TO PRIVACY WHEN USING AIR TRAFFIC CONTROL SYSTEM.
Notwithstanding any other provision of law, the Federal Aviation
Administration, as appropriate, shall upon request of a private
aircraft owner or operator, block the registration number of the
aircraft of the owner or operator from any public dissemination or
display, except in data made available to a Government agency, for the
noncommercial flights of the owner or operator.
SEC. 5028. CONDUCT OF SECURITY SCREENING BY THE TRANSPORTATION SECURITY
ADMINISTRATION AT CERTAIN AIRPORTS.
(a) In General.--The Administrator of the Transportation Security
Administration shall provide for security screening to be conducted by
the Transportation Security Administration at, and provide all
necessary staff and equipment to, any airport--
(1) that lost commercial air service on or after January 1,
2013; and
(2) the operator of which, following the loss described in
paragraph (1), submits to the Administrator--
(A) a request for security screening to be
conducted at the airport by the Transportation Security
Administration; and
(B) written confirmation of a commitment from a
commercial air carrier--
(i) that the air carrier wants to provide
commercial air service at the airport; and
(ii) that such service will commence not
later than 1 year after the date of the
submission of the request under subparagraph
(A).
(b) Deadline.--The Administrator of the Transportation Security
Administration shall ensure that the process of implementing security
screening by the Transportation Security Administration at an airport
described in subsection (a) is complete not later than the later of--
(1) the date that is 90 days after the date on which the
operator of the airport submits to the Administrator a request
for such screening under paragraph (2)(A) of that subsection;
or
(2) the date on which the air carrier intends to provide
commercial air service at the airport.
(c) Effect on Other Airports.--The Administrator of the
Transportation Security Administration shall carry out this section in
a manner that does not negatively affect operations at airports that
are provided security screening by the Transportation Security
Administration.
SEC. 5029. AVIATION CYBERSECURITY.
(a) Comprehensive Aviation Framework.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall facilitate and support the
development of a comprehensive framework of principles and
policies to reduce cybersecurity risks to the national airspace
system, civil aviation, and agency information systems.
(2) Scope.--As part of the principles and policies under
paragraph (1), the Administrator shall--
(A) clarify cybersecurity roles and
responsibilities of offices and employees, including
governance structures of any advisory committees
addressing cybersecurity at the Federal Aviation
Administration;
(B) recognize the interactions of different
components of the national airspace system and the
interdependent and interconnected nature of aircraft
and air traffic control systems;
(C) identify and implement objectives and actions
to reduce cybersecurity risks to the air traffic
control information systems, including actions to
improve implementation of information security
standards and best practices of the National Institute
of Standards and Technology, and policies and guidance
issued by the Office of Management and Budget for
agency systems;
(D) support voluntary efforts by industry, RTCA,
Inc., or standards-setting organizations to develop and
identify consensus standards, best practices, and
guidance on aviation systems information security
protection, consistent with the activities described in
section 2(e) of the National Institute of Standards and
Technology Act (15 U.S.C. 272(e)); and
(E) establish guidelines for the voluntary sharing
of information between and among aviation stakeholders
pertaining to aviation-related cybersecurity incidents,
threats, and vulnerabilities.
(3) Limitations.--In carrying out the activities under this
section, the Administrator shall--
(A) coordinate with aviation stakeholders,
including industry, airlines, manufacturers, airports,
RTCA, Inc., and unions;
(B) consult with the Secretary of Defense,
Secretary of Homeland Security, Director of National
Institute of Standards and Technology, the heads of
other relevant agencies, and international regulatory
authorities; and
(C) evaluate on a periodic basis, but not less than
once every 2 years, the effectiveness of the principles
established under this subsection.
(b) Threat Model.--The Secretary of Transportation, in coordination
with the Administrator of the Federal Aviation Administration, shall
implement the open recommendation issued in 2015 by the Government
Accountability Office to assess the potential cost and timetable of
developing and maintaining an agency-wide threat model to strengthen
cybersecurity across the Federal Aviation Administration.
(c) Secure Access to Facilities and Systems.--
(1) Identity management requirements.--Not later than 1
year after the date of enactment of this Act, the Secretary of
Transportation shall implement open recommendations issued in
2014 by the Inspector General of the Department of
Transportation--
(A) to work with the Federal Aviation
Administration to revise its plan to effectively
transition remaining users to require personal identity
verification, including create a plan of actions and
milestones with a planned completion date to monitor
and track progress; and
(B) to work with the Director of the Office of
Security of the Department of Transportation to develop
or revise plans to effectively transition remaining
facilities to require personal identity verification
cards at the Federal Aviation Administration.
(2) Identity management assessment.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Transportation shall prepare a plan to implement the
use of identity management, including personal identity
verification, at the Federal Aviation Administration,
consistent with section 504 of the Cybersecurity
Enhancement Act of 2014 (Public Law 113-274; 15 U.S.C.
7464) and section 225 of title II of division N of the
Cybersecurity Act of 2015 (Public Law 114-113; 129
Stat. 2242).
(B) Contents.--The plan shall include--
(i) an assessment of the current
implementation and use of identity management,
including personal identity verification, at
the Federal Aviation Administration for secure
access to government facilities and information
systems, including a breakdown of requirements
for use and identification of which systems and
facilities are enabled to use personal identity
verification; and
(ii) the actions to be taken, including
specified deadlines, by the Chief Information
Officers of the Department of Transportation
and the Federal Aviation Administration to
increase the implementation and use of such
measures, with the goal of 100 percent
implementation across the agency.
(3) Report.--The Secretary shall submit the plan to the
appropriate committees of Congress.
(4) Classified information.--The report submitted under
paragraph (3) shall be in unclassified form, but may include a
classified annex.
(d) Aircraft Security.--
(1) In general.--The Aircraft Systems Information Security
Protection Working Group shall periodically review rulemaking,
policy, and guidance for certification of avionics software and
hardware (including any system on board an aircraft) and
continued airworthiness in order to reduce cybersecurity risks
to aircraft systems.
(2) Requirements.--In conducting the reviews, the working
group--
(A) shall assess the cybersecurity risks to
aircraft systems, including recognizing the
interactions of different components of the national
airspace system and the interdependent and
interconnected nature of aircraft and air traffic
control systems;
(B) shall assess the extent to which existing
rulemaking, policy, and guidance to promote safety also
promote aircraft systems information security
protection; and
(C) based on the results of subparagraphs (A) and
(B), may make recommendations to the Administrator of
the Federal Aviation Administration if separate or
additional rulemaking, policy, or guidance is needed to
address aircraft systems information security
protection.
(3) In-flight entertainment systems review.--As part of its
review under subparagraphs (A) and (B) of paragraph (2), the
working group shall review the cybersecurity risks of in-flight
entertainment systems to consider whether such systems can and
should be isolated and separate from systems required for safe
flight and operations, including reviewing standards for air
gaps or other means determined appropriate.
(4) Recommendations.--In any recommendation under paragraph
(2)(C), the working group shall identify a cost-effective and
technology-neutral approach and incorporate voluntary consensus
standards and best practices and international practices to the
fullest extent possible.
(5) Report.--
(A) In general.--Not later than 60 days after the
date of enactment of this Act, and periodically
thereafter, the working group shall provide a report to
the Administrator of the Federal Aviation
Administration on the findings of the review and any
recommendations.
(B) Congress.--The Administrator shall submit to
the appropriate committees of Congress a copy of each
report provided by the working group.
(6) Classified information.--Each report submitted under
this subsection shall be in unclassified form, but may include
a classified annex.
(e) Cybersecurity Implementation Progress.--The Administrator of
the Federal Aviation Administration shall--
(1) not later than 90 days after the date of enactment of
this Act, and periodically thereafter until the completion
date, provide to the appropriate committees of Congress a
briefing on the actions the Administrator has taken to improve
information security management, including the steps taken to
implement subsections (a), (b) and (c) and all of the issues
and open recommendations identified in cybersecurity audit
reports issued in 2014 and 2015 by the Inspector General of the
Department of Transportation and the Government Accountability
Office; and
(2) not later than 1 year after the date of enactment of
this Act, issue a final report to the appropriate committees of
Congress on the steps taken to improve information security
management, including implementation of subsections (a), (b)
and (c) and all of the issues and open recommendations
identified in the cybersecurity audit reports issued in 2014
and 2015 by the Inspector General of the Department of
Transportation and the Government Accountability Office.
SEC. 5030. PROHIBITIONS AGAINST SMOKING ON PASSENGER FLIGHTS.
Section 41706 is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Electronic Cigarettes.--
``(1) Inclusion.--The use of an electronic cigarette shall
be treated as smoking for purposes of this section.
``(2) Electronic cigarette defined.--In this section, the
term `electronic cigarette' means a device that delivers
nicotine or other substances to a user of the device in the
form of a vapor that is inhaled to simulate the experience of
smoking.''.
SEC. 5031. NATIONAL MULTIMODAL FREIGHT ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Transportation shall establish
a national multimodal freight advisory committee (referred to in this
section as the ``Committee'') in the Department of Transportation,
which shall consist of a balanced cross-section of public and private
freight stakeholders representative of all freight transportation
modes, including--
(1) airports, highways, ports and waterways, rail, and
pipelines;
(2) shippers;
(3) carriers;
(4) freight-related associations;
(5) the freight industry workforce;
(6) State departments of transportation;
(7) local governments;
(8) metropolitan planning organizations;
(9) regional or local transportation authorities, such as
port authorities;
(10) freight safety organizations; and
(11) university research centers.
(b) Purpose.--The purpose of the Committee shall be to promote a
safe, economically efficient, and environmentally sustainable national
freight system.
(c) Duties.--The Committee, in consultation with State departments
of transportation and metropolitan planning organizations, shall
provide advice and recommendations to the Secretary of Transportation
on matters related to freight transportation in the United States,
including--
(1) the implementation of freight transportation
requirements;
(2) the establishment of a National Multimodal Freight
Network under section 70103 of title 49, United States Code;
(3) the development of the national freight strategic plan
under section 70102 of such title;
(4) the development of measures of conditions and
performance in freight transportation;
(5) the development of freight transportation investment,
data, and planning tools; and
(6) recommendations for Federal legislation.
(d) Qualifications.--Each member of the Committee shall be
sufficiently qualified to represent the interests of the member's
specific stakeholder group, such as--
(1) general business and financial experience;
(2) experience or qualifications in the areas of freight
transportation and logistics;
(3) experience in transportation planning, safety,
technology, or workforce issues;
(4) experience representing employees of the freight
industry;
(5) experience representing State or local governments or
metropolitan planning organizations in transportation-related
issues; or
(6) experience in trade economics relating to freight
flows.
(e) Support Staff, Information, and Services.--The Secretary of
Transportation shall provide support staff for the Committee. Upon the
request of the Committee, the Secretary shall provide such information,
administrative services, and supplies as the Secretary considers
necessary for the Committee to carry out its duties under this section.
SEC. 5032. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Airport Capacity Enhancement Projects at Congested Airports.--
Section 40104(c) is amended by striking ``47176'' and inserting
``47175''.
(b) Consultation on Carrier Response Not Covered by Plan.--Section
41313(c)(16), as amended by section 3104 of this Act, is further
amended by striking ``the foreign air carrier will consult'' and
inserting ``will consult''.
(c) Weighing Mail.--Section 41907 is amended by striking ``and -
administrative'' and inserting ``and administrative''.
(d) Flight Attendant Certification.--Section 44728 is amended--
(1) in subsection (c), by striking ``chapter'' and
inserting ``title''; and
(2) in subsection (d)(3), by striking ``is'' and inserting
``be''.
(e) Schedule of Fees.--Section 45301(a)(1) is amended by striking
``United States government'' and inserting ``United States
Government''.
(f) Classified Evidence.--Section 46111(g)(2)(A) is amended by
striking ``(18 U.S.C. App.)'' and inserting ``(18 U.S.C. App.))''.
(g) Allowable Cost Standards.--Section 47110(b)(2) is amended--
(1) in subparagraph (B), by striking ``compatability'' and
inserting ``compatibility''; and
(2) in subparagraph (D)(i), by striking ``climactic'' and
inserting ``climatic''.
(h) Definition of Qualified HUBZone Small Business Concern.--
Section 47113(a)(3) is amended by striking ``(15 U.S.C. 632(o))'' and
inserting ``(15 U.S.C. 632(p))''.
(i) Discretionary Fund.--Section 47115, as amended by section 1006
of this Act, is further amended--
(1) by striking subsection (i); and
(2) by redesignating subsection (j) as subsection (i).
(j) Special Apportionment Categories.--Section 47117(e)(1)(B) is
amended by striking ``at least'' and inserting ``At least''.
(k) Solicitation and Consideration of Comments.--Section 47171(l)
is amended by striking ``4371'' and inserting ``4321''.
(l) Operations and Maintenance.--Section 48104 is amended by
striking ``(a) Authorization of Appropriations.--the'' and inserting
``The''.
(m) Expenditures From Airport and Airway Trust Fund.--Section
9502(d)(2) of the Internal Revenue Code of 1986 is amended by striking
``farms'' and inserting ``farms)''.
SEC. 5033. VISIBLE DETERRENT.
Section 1303 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1112) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) if the VIPR team is deployed to an airport, shall
require, as appropriate based on risk, that the VIPR team
conduct operations--
``(A) in the sterile area and any other areas to
which only individuals issued security credentials have
unescorted access; and
``(B) in non-sterile areas.''; and
(2) in subsection (b), by striking ``such sums as necessary
for fiscal years 2007 through 2011'' and inserting ``such sums
as necessary, including funds to develop not more than 60 VIPR
teams, for fiscal years 2016 through 2017''.
SEC. 5034. LAW ENFORCEMENT TRAINING FOR MASS CASUALTY AND ACTIVE
SHOOTER INCIDENTS.
Section 2006(a)(2) of the Homeland Security Act of 2002 (6 U.S.C.
607(a)(2)) is amended--
(1) by redesignating subparagraphs (E) through (I) as
subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) training exercises to enhance preparedness
for and response to mass casualty and active shooter
incidents and security events at public locations,
including airports and mass transit systems;''.
SEC. 5035. ASSISTANCE TO AIRPORTS AND SURFACE TRANSPORTATION SYSTEMS.
Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)) is amended--
(1) by redesigning paragraphs (9) through (13) as
paragraphs (10) through (14), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) enhancing the security and preparedness of secure and
non-secure areas of eligible airports and surface
transportation systems.''.
SEC. 5036. AUTHORIZATION OF CERTAIN FLIGHTS BY STAGE 2 AIRPLANES.
(a) In General.--Notwithstanding section 47534 of title 49, United
States Code, not later than 180 days after the date of the enactment of
this Act, the Administrator of the Federal Aviation Administration
shall initiate a pilot program to permit the operator of a Stage 2
airplane to operate that airplane in nonrevenue service into not more
than four 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 airplane operates not more
than 10 flights per month using that airplane.
(b) Termination.--The regulations required by subsection (a) 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 airplanes 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 airplane.--The term ``Stage 2 airplane'' has
the meaning given that term 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).
TITLE VI--TRANSPORTATION SECURITY AND TERRORISM PREVENTION
Subtitle A--Airport Security Enhancement and Oversight Act
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Airport Security Enhancement
and Oversight Act''.
SEC. 6102. FINDINGS.
Congress makes the following findings:
(1) A number of recent airport security breaches in the
United States have involved the use of Secure Identification
Display Area (referred to in this section as ``SIDA'') badges,
the credentials used by airport and airline workers to access
the secure areas of an airport.
(2) In December 2014, a Delta ramp agent at Hartsfield-
Jackson Atlanta International Airport was charged with using
his SIDA badge to bypass airport security checkpoints and
facilitate an interstate gun smuggling operation over a number
of months via commercial aircraft.
(3) In January 2015, an Atlanta-based Aviation Safety
Inspector of the Federal Aviation Administration used his SIDA
badge to bypass airport security checkpoints and transport a
firearm in his carry-on luggage.
(4) In February 2015, a local news investigation found that
over 1,000 SIDA badges at Hartsfield-Jackson Atlanta
International Airport were lost or missing.
(5) In March 2015, and again in May 2015, Transportation
Security Administration contractors were indicted for
participating in a drug smuggling ring using luggage passed
through the secure area of the San Francisco International
Airport.
(6) The Administration has indicated that it does not
maintain a list of lost or missing SIDA badges, and instead
relies on airport operators to track airport worker
credentials.
(7) The Administration rarely uses its enforcement
authority to fine airport operators that reach a certain
threshold of missing SIDA badges.
(8) In April 2015, the Aviation Security Advisory Committee
issued 28 recommendations for improvements to airport access
control.
(9) In June 2015, the Inspector General of the Department
of Homeland Security reported that the Administration did not
have all relevant information regarding 73 airport workers who
had records in United States intelligence-related databases
because the Administration was not authorized to receive all
terrorism-related information under current interagency
watchlisting policy.
(10) The Inspector General also found that the
Administration did not have appropriate checks in place to
reject incomplete or inaccurate airport worker employment
investigations, including criminal history record checks and
work authorization verifications, and had limited oversight
over the airport operators that the Administration relies on to
perform criminal history and work authorization checks for
airport workers.
(11) There is growing concern about the potential insider
threat at airports in light of recent terrorist activities.
SEC. 6103. DEFINITIONS.
In this subtitle:
(1) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(4) ASAC.--The term ``ASAC'' means the Aviation Security
Advisory Committee established under section 44946 of title 49,
United States Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) SIDA.--The term ``SIDA'' means Secure Identification
Display Area as defined in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation to such
section.
SEC. 6104. THREAT ASSESSMENT.
(a) Insider Threats.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall conduct or
update an assessment to determine the level of risk posed to
the domestic air transportation system by individuals with
unescorted access to a secure area of an airport (as defined in
section 44903(j)(2)(H)) in light of recent international
terrorist activity.
(2) Considerations.--In conducting or updating the
assessment under paragraph (1), the Administrator shall
consider--
(A) domestic intelligence;
(B) international intelligence;
(C) the vulnerabilities associated with unescorted
access authority granted to domestic airport operators
and air carriers, and their employees;
(D) the vulnerabilities associated with unescorted
access authority granted to foreign airport operators
and air carriers, and their employees;
(E) the processes and practices designed to
mitigate the vulnerabilities associated with unescorted
access privileges granted to airport operators and air
carriers, and their employees;
(F) the recent security breaches at domestic and
foreign airports; and
(G) the recent security improvements at domestic
airports, including the implementation of
recommendations made by relevant advisory committees.
(b) Reports to Congress.--The Administrator shall submit to the
appropriate committees of Congress--
(1) a report on the results of the assessment under
subsection (a), including any recommendations for improving
aviation security;
(2) a report on the implementation status of any
recommendations made by the ASAC; and
(3) regular updates about the insider threat environment as
new information becomes available and as needed.
SEC. 6105. OVERSIGHT.
(a) Enhanced Requirements.--
(1) In general.--Subject to public notice and comment, and
in consultation with airport operators, the Administrator shall
update the rules on access controls issued by the Secretary
under chapter 449 of title 49, United States Code.
(2) Considerations.--As part of the update under paragraph
(1), the Administrator shall consider--
(A) increased fines and advanced oversight for
airport operators that report missing more than 5
percent of credentials for unescorted access to any
SIDA of an airport;
(B) best practices for Category X airport operators
that report missing more than 3 percent of credentials
for unescorted access to any SIDA of an airport;
(C) additional audits and status checks for airport
operators that report missing more than 3 percent of
credentials for unescorted access to any SIDA of an
airport;
(D) review and analysis of the prior 5 years of
audits for airport operators that report missing more
than 3 percent of credentials for unescorted access to
any SIDA of an airport;
(E) increased fines and direct enforcement
requirements for both airport workers and their
employers that fail to report within 24 hours an
employment termination or a missing credential for
unescorted access to any SIDA of an airport; and
(F) a method for termination by the employer of any
airport worker that fails to report in a timely manner
missing credentials for unescorted access to any SIDA
of an airport.
(b) Temporary Credentials.--The Administrator may encourage the
issuance by airport and aircraft operators of free one-time, 24-hour
temporary credentials for workers who have reported their credentials
missing, but not permanently lost, stolen, or destroyed, in a timely
manner, until replacement of credentials under section 1542.211 of
title 49 Code of Federal Regulations is necessary.
(c) Notification and Report to Congress.--The Administrator shall--
(1) notify the appropriate committees of Congress each time
an airport operator reports that more than 3 percent of
credentials for unescorted access to any SIDA at a Category X
airport are missing or more than 5 percent of credentials to
access any SIDA at any other airport are missing; and
(2) submit to the appropriate committees of Congress an
annual report on the number of violations and fines related to
unescorted access to the SIDA of an airport collected in the
preceding fiscal year.
SEC. 6106. CREDENTIALS.
(a) Lawful Status.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall issue guidance to
airport operators regarding placement of an expiration date on each
airport credential issued to a non-United States citizen no longer than
the period of time during which that non-United States citizen is
lawfully authorized to work in the United States.
(b) Review of Procedures.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall--
(A) issue guidance for transportation security
inspectors to annually review the procedures of airport
operators and air carriers for applicants seeking
unescorted access to any SIDA of an airport; and
(B) make available to airport operators and air
carriers information on identifying suspicious or
fraudulent identification materials.
(2) Inclusions.--The guidance shall require a comprehensive
review of background checks and employment authorization
documents issued by the Citizenship and Immigration Services
during the course of a review of procedures under paragraph
(1).
SEC. 6107. VETTING.
(a) Eligibility Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and subject to public notice and
comment, the Administrator shall revise the regulations issued
under section 44936 of title 49, United States Code, in
accordance with this section and current knowledge of insider
threats and intelligence, to enhance the eligibility
requirements and disqualifying criminal offenses for
individuals seeking or having unescorted access to a SIDA of an
airport.
(2) Disqualifying criminal offenses.--In revising the
regulations under paragraph (1), the Administrator shall
consider adding to the list of disqualifying criminal offenses
and criteria the offenses and criteria listed in section
122.183(a)(4) of title 19, Code of Federal Regulations and
section 1572.103 of title 49, Code of Federal Regulations.
(3) Waiver process for denied credentials.--Notwithstanding
section 44936(b) of title 49, United States Code, in revising
the regulations under paragraph (1) of this subsection, the
Administrator shall--
(A) ensure there exists or is developed a waiver
process for approving the issuance of credentials for
unescorted access to the SIDA, for an individual found
to be otherwise ineligible for such credentials; and
(B) consider, as appropriate and practicable--
(i) the circumstances of any disqualifying
act or offense, restitution made by the
individual, Federal and State mitigation
remedies, and other factors from which it may
be concluded that the individual does not pose
a terrorism risk or a risk to aviation security
warranting denial of the credential; and
(ii) the elements of the appeals and waiver
process established under section 70105(c) of
title 46, United States Code.
(4) Look back.--In revising the regulations under paragraph
(1), the Administrator shall propose that an individual be
disqualified if the individual was convicted, or found not
guilty by reason of insanity, of a disqualifying criminal
offense within 15 years before the date of an individual's
application, or if the individual was incarcerated for that
crime and released from incarceration within 5 years before the
date of the individual's application.
(5) Certifications.--The Administrator shall require an
airport or aircraft operator, as applicable, to certify for
each individual who receives unescorted access to any SIDA of
an airport that--
(A) a specific need exists for providing that
individual with unescorted access authority; and
(B) the individual has certified to the airport or
aircraft operator that the individual understands the
requirements for possessing a SIDA badge.
(6) Report to congress.--Not later than 90 days after the
date of enactment, the Administrator shall submit to the
appropriate committees of Congress a report on the status of
the revision to the regulations issued under section 44936 of
title 49, United States Code, in accordance with this section.
(7) Rule of construction.--Nothing in this subsection may
be construed to affect existing aviation worker vetting fees
imposed by the Administration.
(b) Recurrent Vetting.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator and the Director of
the Federal Bureau of Investigation shall fully implement the
Rap Back service for recurrent vetting of eligible
Administration-regulated populations of individuals with
unescorted access to any SIDA of an airport.
(2) Requirements.--As part of the requirement in paragraph
(1), the Administrator shall ensure that--
(A) any status notifications the Administration
receives through the Rap Back service about criminal
offenses be limited to only disqualifying criminal
offenses in accordance with the regulations promulgated
by the Administration under section 44903 of title 49,
United States Code, or other Federal law; and
(B) any information received by the Administration
through the Rap Back service is provided directly and
immediately to the relevant airport and aircraft
operators.
(3) Report to congress.--Not later than 60 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
implementation status of the Rap Back service.
(c) Access to Terrorism-Related Data.--Not later than 30 days after
the date of enactment of this Act, the Administrator and the Director
of National Intelligence shall coordinate to ensure that the
Administrator is authorized to receive automated, real-time access to
additional Terrorist Identities Datamart Environment (TIDE) data and
any other terrorism related category codes to improve the effectiveness
of the Administration's credential vetting program for individuals that
are seeking or have unescorted access to a SIDA of an airport.
(d) Access to E-Verify and SAVE Programs.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall authorize
each airport operator to have direct access to the E-Verify program and
the Systematic Alien Verification for Entitlements (SAVE) automated
system to determine the eligibility of individuals seeking unescorted
access to a SIDA of an airport.
SEC. 6108. METRICS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop and implement performance
metrics to measure the effectiveness of security for the SIDAs of
airports.
(b) Considerations.--In developing the performance metrics under
subsection (a), the Administrator may consider--
(1) adherence to access point procedures;
(2) proper use of credentials;
(3) differences in access point requirements between
airport workers performing functions on the airside of an
airport and airport workers performing functions in other areas
of an airport;
(4) differences in access point characteristics and
requirements at airports; and
(5) any additional factors the Administrator considers
necessary to measure performance.
SEC. 6109. INSPECTIONS AND ASSESSMENTS.
(a) Model and Best Practices.--Not later than 180 days after the
date of enactment of this Act, the Administrator, in consultation with
the ASAC, shall develop a model and best practices for unescorted
access security that--
(1) use intelligence, scientific algorithms, and risk-based
factors;
(2) ensure integrity, accountability, and control;
(3) subject airport workers to random physical security
inspections conducted by Administration representatives in
accordance with this section;
(4) appropriately manage the number of SIDA access points
to improve supervision of and reduce unauthorized access to
these areas; and
(5) include validation of identification materials, such as
with biometrics.
(b) Inspections.--Consistent with a risk-based security approach,
the Administrator shall expand the use of transportation security
officers and inspectors to conduct enhanced, random and unpredictable,
data-driven, and operationally dynamic physical inspections of airport
workers in each SIDA of an airport and at each SIDA access point--
(1) to verify the credentials of airport workers;
(2) to determine whether airport workers possess prohibited
items, except for those that may be necessary for the
performance of their duties, as appropriate, in any SIDA of an
airport; and
(3) to verify whether airport workers are following
appropriate procedures to access a SIDA of an airport.
(c) Screening Review.--
(1) In general.--The Administrator shall conduct a review
of airports that have implemented additional airport worker
screening or perimeter security to improve airport security,
including--
(A) comprehensive airport worker screening at
access points to secure areas;
(B) comprehensive perimeter screening, including
vehicles;
(C) enhanced fencing or perimeter sensors; and
(D) any additional airport worker screening or
perimeter security measures the Administrator
identifies.
(2) Best practices.--After completing the review under
paragraph (1), the Administrator shall--
(A) identify best practices for additional access
control and airport worker security at airports; and
(B) disseminate the best practices identified under
subparagraph (A) to airport operators.
(3) Pilot program.--The Administrator may conduct a pilot
program at 1 or more airports to test and validate best
practices for comprehensive airport worker screening or
perimeter security under paragraph (2).
SEC. 6110. COVERT TESTING.
(a) In General.--The Administrator shall increase the use of red-
team, covert testing of access controls to any secure areas of an
airport.
(b) Additional Covert Testing.--The Inspector General of the
Department of Homeland Security shall conduct red-team, covert testing
of airport access controls to the SIDA of airports.
(c) Reports to Congress.--
(1) Administrator report.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall submit
to the appropriate committee of Congress a report on the
progress to expand the use of inspections and of red-team,
covert testing under subsection (a).
(2) Inspector general report.--Not later than 180 days
after the date of enactment of this Act, the Inspector General
of the Department of Homeland Security shall submit to the
appropriate committee of Congress a report on the effectiveness
of airport access controls to the SIDA of airports based on
red-team, covert testing under subsection (b).
SEC. 6111. SECURITY DIRECTIVES.
(a) Review.--Not later than 180 days after the date of enactment of
this Act, and annually thereafter, the Administrator, in consultation
with the appropriate regulated entities, shall conduct a comprehensive
review of every current security directive addressed to any regulated
entity--
(1) to determine whether the security directive continues
to be relevant;
(2) to determine whether the security directives should be
streamlined or consolidated to most efficiently maximize risk
reduction; and
(3) to update, consolidate, or revoke any security
directive as necessary.
(b) Notice.--For each security directive that the Administrator
issues, the Administrator shall submit to the appropriate committees of
Congress notice of--
(1) the extent to which the security directive responds to
a specific threat, security threat assessment, or emergency
situation against civil aviation; and
(2) when it is anticipated that the security directive will
expire.
SEC. 6112. IMPLEMENTATION REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall--
(1) assess the progress made by the Administration and the
effect on aviation security of implementing the requirements
under sections 6104 through 6111 of this Act; and
(2) report to the appropriate committees of Congress on the
results of the assessment under paragraph (1), including any
recommendations.
SEC. 6113. MISCELLANEOUS AMENDMENTS.
(a) ASAC Terms of Office.--Section 44946(c)(2)(A) is amended to
read as follows:
``(A) Terms.--The term of each member of the
Advisory Committee shall be 2 years, but a member may
continue to serve until the Assistant Secretary
appoints a successor. A member of the Advisory
Committee may be reappointed.''.
(b) Feedback.--Section 44946(b)(5) is amended to read as follows:
``(5) Feedback.--Not later than 90 days after receiving
recommendations transmitted by the Advisory Committee under
paragraph (2) or paragraph (4), the Assistant Secretary shall
respond in writing to the Advisory Committee with feedback on
each of the recommendations, an action plan to implement any of
the recommendations with which the Assistant Secretary concurs,
and a justification for why any of the recommendations have
been rejected.''.
Subtitle B--TSA PreCheck Expansion Act
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``TSA PreCheck Expansion Act''.
SEC. 6202. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Precheck program.--The term ``PreCheck Program'' means
the trusted traveler program implemented by the Transportation
Security Administration under section 109(a)(3) of the Aviation
and Transportation Security Act (49 U.S.C. 114).
(4) TSA.--The term ``TSA'' means the Transportation
Security Administration.
SEC. 6203. PRECHECK PROGRAM AUTHORIZATION.
The Administrator shall continue to administer the PreCheck Program
established under the authority of the Aviation and Transportation
Security Act (Public Law 107-71; 115 Stat. 597).
SEC. 6204. PRECHECK PROGRAM ENROLLMENT EXPANSION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall publish PreCheck Program
enrollment standards that add multiple private sector application
capabilities for the PreCheck Program to increase the public's
enrollment access to the program, including standards that allow the
use of secure technologies, including online enrollment, kiosks,
tablets, or staffed laptop stations at which individuals can apply for
entry into the program.
(b) Requirements.--Upon publication of the PreCheck Program
enrollment standards under subsection (a), the Administrator shall--
(1) coordinate with interested parties--
(A) to deploy TSA-approved ready-to-market private
sector solutions that meet the PreCheck Program
enrollment standards under subsection (a);
(B) to make available additional PreCheck Program
enrollment capabilities; and
(C) to offer secure online and mobile enrollment
opportunities;
(2) partner with the private sector to collect biographic
and biometric identification information via kiosks, mobile
devices, or other mobile enrollment platforms to increase
enrollment flexibility and minimize the amount of travel to
enrollment centers for applicants;
(3) ensure that any information, including biographic
information, is collected in a manner that--
(A) is comparable with the appropriate and
applicable standards developed by the National
Institute of Standards and Technology; and
(B) protects privacy and data security, including
that any personally identifiable information is
collected, retained, used, and shared in a manner
consistent with section 552a of title 5, United States
Code (commonly known as ``Privacy Act of 1974''), and
with agency regulations;
(4) ensure that the enrollment process is streamlined and
flexible to allow an individual to provide additional
information to complete enrollment and verify identity;
(5) ensure that any enrollment expansion using a private
sector risk assessment instead of a fingerprint-based criminal
history records check is evaluated and certified by the
Secretary of Homeland Security, and verified by the Government
Accountability Office or a federally funded research and
development center after award to be equivalent to a
fingerprint-based criminal history records check conducted
through the Federal Bureau of Investigation with respect to the
effectiveness in identifying individuals who are not qualified
to participate in the PreCheck program due to disqualifying
criminal history; and
(6) ensure that the Secretary has certified that reasonable
procedures are in place with regard to the accuracy, relevancy,
and proper utilization of information employed in private
sector risk assessments.
(c) Marketing of PreCheck Program.--Upon publication of PreCheck
Program enrollment standards under subsection (a), the Administrator
shall--
(1) in accordance with those standards, develop and
implement--
(A) a continual process, including an associated
timeframe, for approving private sector marketing of
the PreCheck Program; and
(B) a long-term strategy for partnering with the
private sector to encourage enrollment in such program;
(2) submit to Congress, at the end of each fiscal year, a
report on any PreCheck Program application fees collected in
excess of the costs of administering the program, including to
access the feasibility of the program, for the preceding fiscal
year; and
(3) include in the report under paragraph (2)
recommendations for using such amounts to support marketing of
the program under this subsection.
(d) Identity Verification Enhancement.--Not later than 120 days
after the date of enactment of this Act, the Administrator shall--
(1) coordinate with the heads of appropriate components of
the Department to leverage department-held data and
technologies to verify the citizenship of individuals enrolling
in the PreCheck Program;
(2) partner with the private sector to use biometrics and
authentication standards, such as relevant standards developed
by the National Institute of Standards and Technology, to
facilitate enrollment in the program; and
(3) consider leveraging the existing resources and
abilities of airports to conduct fingerprint and background
checks to expedite identity verification.
(e) PreCheck Program Lanes Operation.--The Administrator shall--
(1) ensure that PreCheck Program screening lanes are open
and available during peak and high-volume travel times at
appropriate airports to individuals enrolled in the PreCheck
Program; and
(2) make every practicable effort to provide expedited
screening at standard screening lanes during times when
PreCheck Program screening lanes are closed to individuals
enrolled in the program in order to maintain operational
efficiency.
(f) Vetting for PreCheck Program Participants.--Not later than 90
days after the date of enactment of this Act, the Administrator shall
initiate an assessment to identify any security vulnerabilities in the
vetting process for the PreCheck Program, including determining whether
subjecting PreCheck Program participants to recurrent fingerprint-based
criminal history records checks, in addition to recurrent checks
against the terrorist watchlist, could be done in a cost-effective
manner to strengthen the security of the PreCheck Program.
Subtitle C--Securing Aviation From Foreign Entry Points and Guarding
Airports Through Enhanced Security Act of 2016
SEC. 6301. SHORT TITLE.
This subtitle may be cited as the ``Securing Aviation from Foreign
Entry Points and Guarding Airports Through Enhanced Security Act of
2016''.
SEC. 6302. LAST POINT OF DEPARTURE AIRPORT SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Transportation Security
Administration shall conduct a comprehensive security risk assessment
of all last point of departure airports with nonstop flights to the
United States.
(b) Contents.--The security risk assessment required under
subsection (a) shall include consideration of the following:
(1) The level of coordination and cooperation between the
Transportation Security Administration and the foreign
government of the country in which the last point of departure
airport with nonstop flights to the United States is located.
(2) The intelligence and threat mitigation capabilities of
the country in which such airport is located.
(3) The number of known or suspected terrorists annually
transiting through such airport.
(4) The degree to which the foreign government of the
country in which such airport is located mandates, encourages,
or prohibits the collection, analysis, and sharing of passenger
name records.
(5) The passenger security screening practices,
capabilities, and capacity of such airport.
(6) The security vetting undergone by aviation workers at
such airport.
(7) The access controls utilized by such airport to limit
to authorized personnel access to secure and sterile areas of
such airports.
SEC. 6303. SECURITY COORDINATION ENHANCEMENT PLAN.
(a) In General.--Not later than 240 days after the date of
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to Congress and the Government
Accountability Office a plan--
(1) to enhance and bolster security collaboration,
coordination, and information sharing relating to securing
international-inbound aviation between the United States and
domestic and foreign partners, including U.S. Customs and
Border Protection, foreign government entities, passenger air
carriers, cargo air carriers, and United States Government
entities, in order to enhance security capabilities at foreign
airports, including airports that may not have nonstop flights
to the United States but are nonetheless determined by the
Administrator to be high risk; and
(2) that includes an assessment of the ability of the
Administration to enter into a mutual agreement with a foreign
government entity that permits Administration representatives
to conduct without prior notice inspections of foreign
airports.
(b) GAO Review.--Not later than 180 days after the submission of
the plan required under subsection (a), the Comptroller General of the
United States shall review the efforts, capabilities, and effectiveness
of the Transportation Security Administration to enhance security
capabilities at foreign airports and determine if the implementation of
such efforts and capabilities effectively secures international-inbound
aviation.
SEC. 6304. WORKFORCE ASSESSMENT.
Not later than 270 days after the date of enactment of this Act,
the Administrator of the Transportation Security Administration shall
submit to Congress a comprehensive workforce assessment of all
Administration personnel within the Office of Global Strategies of the
Administration or whose primary professional duties contribute to the
Administration's global efforts to secure transportation security,
including a review of whether such personnel are assigned in a risk-
based, intelligence-driven manner.
SEC. 6305. DONATION OF SCREENING EQUIPMENT TO PROTECT THE UNITED
STATES.
(a) In General.--The Administrator of the Transportation Security
Administration is authorized to donate security screening equipment to
a foreign last point of departure airport operator if such equipment
can be reasonably expected to mitigate a specific vulnerability to the
security of the United States or United States citizens.
(b) Report.--Not later than 30 days before any donation of security
screening equipment pursuant to subsection (a), the Administrator of
the Transportation Security Administration shall provide to the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Homeland Security of the House of Representatives a
detailed written explanation of the following:
(1) The specific vulnerability to the United States or
United States citizens that will be mitigated by such donation.
(2) An explanation as to why the recipient of such donation
is unable or unwilling to purchase security screening equipment
to mitigate such vulnerability.
(3) An evacuation plan for sensitive technologies in case
of emergency or instability in the country to which such
donation is being made.
(4) How the Administrator will ensure the security
screening equipment that is being donated is used and
maintained over the course of its life by the recipient.
(5) The total dollar value of such donation.
SEC. 6306. NATIONAL CARGO SECURITY PROGRAM.
(a) In General.--The Administrator of the Transportation Security
Administration may evaluate foreign countries' air cargo security
programs to determine whether such programs provide a level of security
commensurate with the level of security required by United States air
cargo security programs.
(b) Approval and Recognition.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines that a foreign country's air
cargo security program evaluated under subsection (a) provides
a level of security commensurate with the level of security
required by United States air cargo security programs, the
Administrator shall approve and officially recognize such
foreign country's air cargo security program.
(2) Effect of approval and recognition.--If the
Administrator of the Transportation Security Administration
approves and officially recognizes pursuant to paragraph (1) a
foreign country's air cargo security program, cargo aircraft of
such foreign country shall not be required to adhere to United
States air cargo security programs that would otherwise be
applicable.
(c) Revocation and Suspension.--
(1) In general.--If the Administrator of the Transportation
Security Administration determines at any time that a foreign
country's air cargo security program approved and officially
recognized under subsection (b) no longer provides a level of
security commensurate with the level of security required by
United States air cargo security programs, the Administrator
may revoke or temporarily suspend such approval and official
recognition until such time as the Administrator determines
that such foreign country's cargo security programs provide a
level of security commensurate with the level of security
required by such United States air cargo security programs.
(2) Notification.--If the Administrator of the
Transportation Security Administration revokes or suspends
pursuant to paragraph (1) a foreign country's air cargo
security program, the Administrator shall notify the Committee
on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 30 days after such revocation or
suspension.
Subtitle D--Miscellaneous
SEC. 6401. INTERNATIONAL TRAINING AND CAPACITY DEVELOPMENT.
(a) In General.--In accordance with section 114 of title 49, United
States Code, the Administrator of the Transportation Security
Administration shall establish an international training and capacity
development program to train the appropriate authorities of foreign
governments in air transportation security.
(b) Contents of Training.--If the Administrator determines that a
foreign government would benefit from training and capacity development
assistance, the Administrator may provide to the appropriate
authorities of that foreign government technical assistance and
training programs to strengthen aviation security in managerial,
operational, and technical areas, including--
(1) active shooter scenarios;
(2) incident response;
(3) use of canines;
(4) mitigation of insider threats;
(5) perimeter security;
(6) operation and maintenance of security screening
technology; and
(7) recurrent related training and exercises.
SEC. 6402. CHECKPOINTS OF THE FUTURE.
(a) In General.--The Administrator of the Transportation Security
Administration, in accordance with chapter 449 of title 49, United
States Code, shall request the Aviation Security Advisory Committee to
develop recommendations for more efficient and effective passenger
screening processes.
(b) Considerations.--In making recommendations to improve existing
passenger screening processes, the Aviation Security Advisory Committee
shall consider--
(1) the configuration of a checkpoint;
(2) technology innovation;
(3) ways to address any vulnerabilities identified in
audits of checkpoint operations;
(4) ways to prevent security breaches at airports where
Federal security screening is provided;
(5) best practices in aviation security;
(6) recommendations from airport and aircraft operators,
and any relevant advisory committees; and
(7) ``curb to curb'' processes and procedures.
(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 Aviation Security Advisory
Committee review, including any recommendations for improving screening
processes.
TITLE VII--AIRPORT AND AIRWAY TRUST FUND PROVISIONS AND RELATED TAXES
SEC. 7101. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) in the matter preceding subparagraph (A), by striking
``July 16, 2016'' and inserting ``October 1, 2017''; and
(2) in subparagraph (A), by striking the semicolon at the
end and inserting ``or the Federal Aviation Administration
Reauthorization Act of 2016;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``July 16, 2016'' and inserting ``October 1,
2017''.
SEC. 7102. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``July 15, 2016'' and inserting
``September 30, 2017''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``July 15, 2016'' and inserting ``September
30, 2017''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``July 15, 2016'' and inserting ``September
30, 2017''.
(c) Fractional Ownership Programs.--
(1) Treatment as non-commercial aviation.--Section 4083(b)
of such Code is amended by striking ``July 16, 2016'' and
inserting ``October 1, 2017''.
(2) Exemption from ticket taxes.--Section 4261(j) of such
Code is amended by striking ``July 15, 2016'' and inserting
``September 30, 2017''.
Amend the title so as to read: ``An Act to amend title 49,
United States Code, to authorize appropriations for the Federal
Aviation Administration for fiscal years 2016 through 2017, and
for other purposes.''.
Attest:
Secretary.
114th CONGRESS
2d Session
H.R. 636
_______________________________________________________________________
AMENDMENTS