“(1) $3,350,000,000 for fiscal year 2018;
“(2) $3,350,000,000 for fiscal year 2019;
“(3) $3,350,000,000 for fiscal year 2020;
“(4) $3,350,000,000 for fiscal year 2021;
“(5) $3,350,000,000 for fiscal year 2022; and
“(6) $3,350,000,000 for fiscal year 2023.”
“(1) $3,330,000,000 for fiscal year 2018.
“(2) $3,398,000,000 for fiscal year 2019.
“(3) $3,469,000,000 for fiscal year 2020.
“(4) $3,547,000,000 for fiscal year 2021.
“(5) $3,624,000,000 for fiscal year 2022.
“(6) $3,701,000,000 for fiscal year 2023.”
“(1) The implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.
“(2) The acquisition and construction of remote towers (as defined in section 161 of the FAA Reauthorization Act of 2018).
“(3) The remediation and elimination of identified cybersecurity vulnerabilities in the air traffic control system.
“(4) The construction of facilities dedicated to improving the cybersecurity of the National Airspace System.
“(5) Systems associated with the Data Communications program.
“(6) The infrastructure, sustainment, and the elimination of the deferred maintenance backlog of air navigation facilities and other facilities for which the Federal Aviation Administration is responsible.
“(7) The modernization and digitization of the Civil Aviation Registry.
“(8) The construction of necessary Priority 1 National Airspace System facilities.
“(9) Cost-beneficial construction, rehabilitation, or retrofitting programs designed to reduce Federal Aviation Administration facility operating costs.”
“(A) $10,247,000,000 for fiscal year 2018;
“(B) $10,486,000,000 for fiscal year 2019;
“(C) $10,732,000,000 for fiscal year 2020;
“(D) $11,000,000,000 for fiscal year 2021;
“(E) $11,269,000,000 for fiscal year 2022; and
“(F) $11,537,000,000 for fiscal year 2023.”
“(D) Not more than the following amounts for commercial space transportation activities:
“(i) $22,587,000 for fiscal year 2018.
“(ii) $33,038,000 for fiscal year 2019.
“(iii) $43,500,000 for fiscal year 2020.
“(iv) $54,970,000 for fiscal year 2021.
“(v) $64,449,000 for fiscal year 2022.
“(vi) $75,938,000 for fiscal year 2023.”
“(4) $39,000,000 for each of fiscal years 2019 through 2023.”
“(u) Construction of Recreational Aircraft.—
“(1) In general.—The construction of a covered aircraft shall be treated as an aeronautical activity for purposes of—
“(A) determining an airport’s compliance with a grant assurance made under this section or any other provision of law; and
“(B) the receipt of Federal financial assistance for airport development.
“(2) Covered aircraft defined.—In this subsection, the term ‘covered aircraft’ means an aircraft—
“(A) used or intended to be used exclusively for recreational purposes; and
“(B) constructed or under construction by a private individual at a general aviation airport.
“(v) Community Use of Airport Land.—
“(1) In general.—Notwithstanding subsection (a)(13), and subject to paragraph (2), the sponsor of a public-use airport shall not be considered to be in violation of this subtitle, or to be found in violation of a grant assurance made under this section, or under any other provision of law, as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor has entered into an agreement, including a revised agreement, with a local government providing for the use of airport property for an interim compatible recreational purpose at below fair market value.
“(2) Restrictions.—This subsection shall apply only—
“(A) to an agreement regarding airport property that was initially entered into before the publication of the Federal Aviation Administration’s Policy and Procedures Concerning the Use of Airport Revenue, dated February 16, 1999;
“(B) if the agreement between the sponsor and the local government is subordinate to any existing or future agreements between the sponsor and the Secretary, including agreements related to a grant assurance under this section;
“(C) to airport property that was acquired under a Federal airport development grant program;
“(D) if the airport sponsor has provided a written statement to the Administrator that the property made available for a recreational purpose will not be needed for any aeronautical purpose during the next 10 years;
“(E) if the agreement includes a term of not more than 2 years to prepare the airport property for the interim compatible recreational purpose and not more than 10 years of use for that purpose;
“(F) if the recreational purpose will not impact the aeronautical use of the airport;
“(G) if the airport sponsor provides a certification that the sponsor is not responsible for preparation, start-up, operations, maintenance, or any other costs associated with the recreational purpose; and
“(H) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502.
“(3) Statutory construction.—Nothing in this subsection may be construed as permitting a diversion of airport revenue for the capital or operating costs associated with the community use of airport land.”
“(w) Mothers’ Rooms.—
“(1) In general.—In fiscal year 2021 and each fiscal year thereafter, the Secretary of Transportation may approve an application under this subchapter for an airport development project grant only if the Secretary receives written assurances that the airport owner or operator will maintain—
“(A) a lactation area in the sterile area of each passenger terminal building of the airport; and
“(B) a baby changing table in one men’s and one women’s restroom in each passenger terminal building of the airport.
“(2) Applicability.—
“(A) Airport size.—The requirement in paragraph (1) shall only apply to applications submitted by the airport sponsor of a medium or large hub airport.
“(B) Preexisting facilities.—On application by an airport sponsor, the Secretary may determine that a lactation area in existence on the date of enactment of this Act complies with the requirement in paragraph (1), notwithstanding the absence of one of the facilities or characteristics referred to in the definition of the term ‘lactation area’ in this subsection.
“(C) Special rule.—The requirement in paragraph (1) shall not apply with respect to a project grant application for a period of time, determined by the Secretary, if the Secretary determines that construction or maintenance activities make it impracticable or unsafe for the lactation area to be located in the sterile area of the building.
“(3) Definition.—In this section, the term—
“(A) ‘lactation area’ means a room or similar accommodation that—
“(i) provides a location for members of the public to express breast milk that is shielded from view and free from intrusion from the public;
“(ii) has a door that can be locked;
“(iii) includes a place to sit, a table or other flat surface, a sink or sanitizing equipment, and an electrical outlet;
“(iv) is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and
“(v) is not located in a restroom; and
“(B) ‘sterile area’ has the same meaning given that term in section 1540.5 of title 49, Code of Federal Regulations.”
“(3) Lactation areas.—In addition to the projects described in paragraph (1), the Secretary may approve a project for terminal development for the construction or installation of a lactation area (as defined in section 47107(w)) at a commercial service airport.”
“(i) for the 1-year period after such determination is made; or
“(ii) if an appeal of such determination is requested, for the 1-year period described in subsection (d)(4)(D).”
“(G) Benefit-to-cost calculation.—Not later than 90 days after receiving an application to the Contract Tower Program, the Secretary shall calculate a benefit-to-cost ratio (as described in subsection (d)) for the applicable air traffic control tower for purposes of selecting towers for participation in the Contract Tower Program.”
“(d) Criteria To Evaluate Participants.—
“(1) Timing of evaluations.—
“(A) Towers participating in cost-share program.—In the case of an air traffic control tower that is operated under the Cost-share Program, the Secretary shall annually calculate a benefit-to-cost ratio with respect to the tower.
“(B) Towers participating in contract tower program.—In the case of an air traffic control tower that is operated under the Contract Tower Program, the Secretary shall not calculate a benefit-to-cost ratio after the date of enactment of this subsection with respect to the tower unless the Secretary determines that the annual aircraft traffic at the airport where the tower is located has decreased—
“(i) by more than 25 percent from the previous year; or
“(ii) by more than 55 percent cumulatively in the preceding 3-year period.
“(2) Costs to be considered.—In establishing a benefit-to-cost ratio under this section with respect to an air traffic control tower, the Secretary shall consider only the following costs:
“(A) The Federal Aviation Administration’s actual cost of wages and benefits of personnel working at the tower.
“(B) The Federal Aviation Administration’s actual telecommunications costs directly associated with the tower.
“(C) The Federal Aviation Administration’s costs of purchasing and installing any air traffic control equipment that would not have been purchased or installed except as a result of the operation of the tower.
“(D) The Federal Aviation Administration’s actual travel costs associated with maintaining air traffic control equipment that is owned by the Administration and would not be maintained except as a result of the operation of the tower.
“(E) Other actual costs of the Federal Aviation Administration directly associated with the tower that would not be incurred except as a result of the operation of the tower (excluding costs for noncontract tower-related personnel and equipment, even if the personnel or equipment is located in the contract tower building).
“(3) Other criteria to be considered.—In establishing a benefit-to-cost ratio under this section with respect to an air traffic control tower, the Secretary shall add a 10 percentage point margin of error to the benefit-to-cost ratio determination to acknowledge and account for the direct and indirect economic and other benefits that are not included in the criteria the Secretary used in calculating that ratio.
“(4) Review of cost-benefit determinations.—In issuing a benefit-to-cost ratio determination under this section with respect to an air traffic control tower located at an airport, the Secretary shall implement the following procedures:
“(A) The Secretary shall provide the airport (or the State or local government having jurisdiction over the airport) at least 90 days following the date of receipt of the determination to submit to the Secretary a request for an appeal of the determination, together with updated or additional data in support of the appeal.
“(B) Upon receipt of a request for an appeal submitted pursuant to subparagraph (A), the Secretary shall—
“(i) transmit to the Administrator of the Federal Aviation Administration any updated or additional data submitted in support of the appeal; and
“(ii) provide the Administrator not more than 90 days to review the data and provide a response to the Secretary based on the review.
“(C) After receiving a response from the Administrator pursuant to subparagraph (B), the Secretary shall—
“(i) provide the airport, State, or local government that requested the appeal at least 30 days to review the response; and
“(ii) withhold from taking further action in connection with the appeal during that 30-day period.
“(D) If, after completion of the appeal procedures with respect to the determination, the Secretary requires the tower to transition into the Cost-share Program, the Secretary shall not require a cost-share payment from the airport, State, or local government for 1 year following the last day of the 30-day period described in subparagraph (C).
“(e) Definitions.—In this section:
“(1) Contract tower program.—The term ‘Contract Tower Program’ means the level I air traffic control tower contract program established under subsection (a) and continued under subsection (b)(1).
“(2) Cost-share program.—The term ‘Cost-share Program’ means the cost-share program established under subsection (b)(3).”
“(5) 95 percent for a project that—
“(A) the Administrator determines is a successive phase of a multiphase construction project for which the sponsor received a grant in fiscal year 2011; and
“(B) for which the United States Government’s share of allowable project costs would otherwise be capped at 90 percent under paragraph (2) or (3).”
“(5) Use of state highway specifications.—The Secretary shall use the highway specifications of a State for airfield pavement construction and improvement using funds made available under this subsection at nonprimary airports serving aircraft that do not exceed 60,000 pounds gross weight if—
“(A) such State requests the use of such specifications; and
“(B) the Secretary determines that—
“(i) safety will not be negatively affected; and
“(ii) the life of the pavement, with necessary maintenance and upkeep, will not be shorter than it would be if constructed using Administration standards.”
“(3) the airport is—
“(A) a former military installation that, at any time after December 31, 1965, was owned and operated by the Department of Defense; and
“(B) a nonhub primary airport.”
“(i) moving passengers”
; and
“(ii) installing security cameras in the public area of the interior and exterior of the terminal; and”
Ҥ 47143. Non-movement area surveillance surface display systems pilot program
“(a) In General.—The Administrator of the Federal Aviation Administration may carry out a pilot program to support non-Federal acquisition and installation of qualifying non-movement area surveillance surface display systems and sensors if—
“(1) the Administrator determines that such systems and sensors would improve safety or capacity in the National Airspace System; and
“(2) the non-movement area surveillance surface display systems and sensors supplement existing movement area systems and sensors at the selected airports established under other programs administered by the Administrator.
“(b) Project Grants.—
“(1) In general.—For purposes of carrying out the pilot program, the Administrator may make a project grant out of funds apportioned under paragraph (1) or paragraph (2) of section 47114(c) to not more than 5 eligible sponsors to acquire and install qualifying non-movement area surveillance surface display systems and sensors. The airports selected to participate in the pilot program shall have existing Administration movement area systems and airlines that are participants in Federal Aviation Administration’s airport collaborative decision-making process.
“(2) Data exchange processes.—As part of the pilot program carried out under this section, the Administrator may establish data exchange processes to allow airport participation in the Administration’s airport collaborative decision-making process and fusion of the non-movement surveillance data with the Administration’s movement area systems.
“(c) Sunset.—This section shall cease to be effective on October 1, 2023.
“(d) Definitions.—In this section:
“(1) Non-movement area.—The term ‘non-movement area’ means the portion of the airfield surface that is not under the control of air traffic control.
“(2) Non-movement area surveillance surface display systems and sensors.—The term ‘non-movement area surveillance surface display systems and sensors’ means a non-Federal surveillance system that uses on-airport sensors that track vehicles or aircraft that are equipped with transponders in the non-movement area.
“(3) Qualifying non-movement area surveillance surface display system and sensors.—The term ‘qualifying non-movement area surveillance surface display system and sensors’ means a non-movement area surveillance surface display system that—
“(A) provides the required transmit and receive data formats consistent with the National Airspace System architecture at the appropriate service delivery point;
“(B) is on-airport; and
“(C) is airport operated.”
“47143. Non-movement area surveillance surface display systems pilot program.”.
“(e) Transfers of Air Traffic Systems.—
“(1) In general.—An airport may transfer, without consideration, to the Administrator of the Federal Aviation Administration, an eligible air traffic system or equipment that conforms to performance specifications of the Administrator if a Government airport aid program, airport development aid program, or airport improvement project grant was used to assist in purchasing the system or equipment.
“(2) Acceptance.—The Administrator shall accept the eligible air traffic system or equipment and operate and maintain it under criteria of the Administrator.
“(3) Definition.—In this subsection, the term ‘eligible air traffic system or equipment’ means—
“(A) an instrument landing system consisting of a glide slope and localizer (if the Administrator has determined that a satellite navigation system cannot provide a suitable approach to an airport);
“(B) an Automated Weather Observing System weather observation system; or
“(C) a Remote Communication Air/Ground and Remote Communication Outlet communications facility.”
; and
“(f) Airport Space.—
“(1) Restriction.—The Administrator may not require an airport owner or sponsor (as defined in section 47102) to provide to the Federal Aviation Administration without cost any of the following:
“(A) Building construction, maintenance, utilities, or expenses for services relating to air traffic control, air navigation, or weather reporting.
“(B) Space in a facility owned by the airport owner or sponsor for services relating to air traffic control, air navigation, or weather reporting.
“(2) Rule of construction.—Nothing in this subsection may be construed to affect—
“(A) any agreement the Secretary may have or make with an airport owner or sponsor for the airport owner or sponsor to provide any of the items described in paragraph (1)(A) or (1)(B) at below-market rates; or
“(B) any grant assurance that requires an airport owner or sponsor to provide land to the Administration without cost for an air traffic control facility.”
“(7) if the project is at an airport that is listed as having an unclassified status under the most recent national plan of integrated airport systems (as described in section 47103), the project will be funded with an amount appropriated under section 47114(d)(3)(B) and is—
“(A) for maintenance of the pavement of the primary runway;
“(B) for obstruction removal for the primary runway;
“(C) for the rehabilitation of the primary runway; or
“(D) for a project that the Secretary considers necessary for the safe operation of the airport.”
“(C) During fiscal years 2019 and 2020—
“(i) an airport that accrued apportionment funds under subparagraph (A) in fiscal year 2013 that is listed as having an unclassified status under the most recent national plan of integrated airport systems shall continue to accrue apportionment funds under subparagraph (A) at the same amount the airport accrued apportionment funds in fiscal year 2013, subject to the conditions of this paragraph;
“(ii) notwithstanding the period of availability as described in section 47117(b), an amount apportioned to an airport under clause (i) shall be available to the airport only during the fiscal year in which the amount is apportioned; and
“(iii) notwithstanding the waiver permitted under section 47117(c)(2), an airport receiving apportionment funds under clause (i) may not waive its claim to any part of the apportioned funds in order to make the funds available for a grant for another public-use airport.
“(D) An airport that re-establishes its classified status shall be eligible to accrue apportionment funds pursuant to subparagraph (A) so long as such airport retains its classified status.”
“(h) Evaluation of Airport Master Plans.—When evaluating the master plan of an airport for purposes of this subchapter, the Secretary shall take into account—
“(1) the role the airport plays with respect to medical emergencies and evacuations; and
“(2) the role the airport plays in emergency or disaster preparedness in the community served by the airport.”
“(1) ‘small business concern’—
“(A) has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632); but
“(B) in the case of a concern in the construction industry, a concern shall be considered a small business concern if the concern meets the size standard for the North American Industry Classification System Code 237310, as adjusted by the Small Business Administration;”
“(F) Special rule for fiscal years 2018 through 2020.—Notwithstanding subparagraph (A) and subject to subparagraph (G), the Secretary shall apportion to a sponsor of an airport under that subparagraph for each of fiscal years 2018 through 2020 an amount based on the number of passenger boardings at the airport during calendar year 2012 if the airport—
“(i) had 10,000 or more passenger boardings during calendar year 2012;
“(ii) had fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2018, 2019, or 2020, as applicable, under subparagraph (A); and
“(iii) had scheduled air service at any point in the calendar year used to calculate the apportionment.
“(G) Limitations and waivers.—The authority to make apportionments in the manner prescribed in subparagraph (F) may be utilized no more than 3 years in a row. The Secretary may waive this limitation if the Secretary determines that an airport’s enplanements are substantially close to 10,000 enplanements and the airport sponsor or affected communities are taking reasonable steps to restore enplanements above 10,000.
“(H) Minimum apportionment for commercial service airports with more than 8,000 passenger boardings in a calendar year.—Not less than $600,000 may be apportioned under subparagraph (A) for each fiscal year to each sponsor of a commercial service airport that had fewer than 10,000 passenger boardings, but at least 8,000 passenger boardings, during the prior calendar year.”
“(3) Control tower construction.—Notwithstanding section 47124(b)(4)(A), the Secretary may provide grants under this section to an airport sponsor participating in the contract tower program under section 47124 for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower. Such grants shall be subject to the distribution requirements of subsection (b) and the eligibility requirements of section 47124(b)(4)(B).”
“(a) In General.—The Secretary of Transportation”
; and
“(b) Indian Employment.—
“(1) Tribal sponsor preference.—Consistent with section 703(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–2(i)), nothing in this section shall preclude the preferential employment of Indians living on or near a reservation on a project or contract at—
“(A) an airport sponsored by an Indian tribal government; or
“(B) an airport located on an Indian reservation.
“(2) State preference.—A State may implement a preference for employment of Indians on a project carried out under this subchapter near an Indian reservation.
“(3) Implementation.—The Secretary shall consult with Indian tribal governments and cooperate with the States to implement this subsection.
“(4) Indian tribal government defined.—In this section, the term ‘Indian tribal government’ has the same meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).”
“(2) Airport development for eligible mountaintop airports.—In making grants to sponsors described in subsection (b), the Secretary shall give priority consideration to mass grading and associated structural support (including access road, duct banks, and other related infrastructure) at mountaintop airports, provided that the airport would not otherwise have sufficient surface area for—
“(A) eligible and justified airport development projects; or
“(B) additional hangar space.”
“(2) Expired amounts apportioned for general aviation airports.—
“(A) In general.—Except as provided in subparagraph (B), if an amount apportioned under section 47114(d) is not obligated within the time specified in paragraph (1), that amount shall be added to the discretionary fund under section 47115 of this title, provided that—
“(i) amounts made available under paragraph (2)(A) shall be used for grants for projects in accordance with section 47115(d)(2) at airports eligible to receive an apportionment under section 47114(d)(2) or (3)(A), whichever is applicable; and
“(ii) amounts made available under paragraph (2)(A) that are not obligated by July 1 of the fiscal year in which the funds will expire shall be made available for all projects in accordance with section 47115(d)(2).
“(B) State block grant program.—If an amount apportioned to an airport under section 47114(d)(3)(A) is not obligated within the time specified in paragraph (1), and the airport is located in a State participating in the State block grant program under section 47128, the amount shall be made available to that State under the same conditions as if the State had been apportioned the amount under section 47114(d)(3)(B).”
“(j) Supplemental Discretionary Funds.—
“(1) In general.—The Secretary shall establish a program to provide grants, subject to the conditions of this subsection, for any purpose for which amounts are made available under section 48103 that the Secretary considers most appropriate to carry out this subchapter.
“(2) Treatment of grants.—
“(A) In general.—A grant made under this subsection shall be treated as having been made pursuant to the Secretary’s authority under section 47104(a) and from the Secretary’s discretionary fund under subsection (a) of this section.
“(B) Exception.—Except as otherwise provided in this subsection, grants made under this subsection shall not be subject to subsection (c), section 47117(e), or any other apportionment formula, special apportionment category, or minimum percentage set forth in this chapter.
“(3) Eligibility and prioritization.—
“(A) Eligibility.—The Secretary may provide grants under this subsection for an airport or terminal development project at any airport that is eligible to receive a grant from the discretionary fund under subsection (a) of this section.
“(B) Prioritization.—Not less than 50 percent of the amounts available under this subsection shall used to provide grants at—
“(i) airports that are eligible for apportionment under section 47114(d)(3); and
“(ii) nonhub and small hub airports.
“(4) Authorization.—
“(A) In general.—There is authorized to be appropriated to the Secretary to carry out this subsection the following amounts:
“(i) $1,020,000,000 for fiscal year 2019.
“(ii) $1,041,000,000 for fiscal year 2020.
“(iii) $1,064,000,000 for fiscal year 2021.
“(iv) $1,087,000,000 for fiscal year 2022.
“(v) $1,110,000,000 for fiscal year 2023.
“(B) Availability.—Sums authorized to be appropriated under subparagraph (A) shall remain available for 2 fiscal years.”
“(v) except as otherwise provided under section 47133, levy or collect a tax, fee, or charge, first taking effect after the date of enactment of this clause, upon any business located at a commercial service airport or operating as a permittee of such an airport that is not generally imposed on sales or services by that State, political subdivision, or authority unless wholly utilized for airport or aeronautical purposes.”
“(d) Program Participation.—
“(1) Multiple airports.—The Secretary may consider applications under this section submitted by a public airport sponsor for multiple airports under the control of the sponsor if all airports under the control of the sponsor are located in the same State.
“(2) Partial privatization.—A purchaser or lessee may be an entity in which a sponsor has an interest.”
; and
“(l) Predevelopment Limitation.—A grant to an airport sponsor under this subchapter for predevelopment planning costs relating to the preparation of an application or proposed application under this section may not exceed $750,000 per application or proposed application.”
“47134. Airport investment partnership program.”.
“(B) the Secretary will review and approve or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport or that would adversely affect the safety of people or property on the ground adjacent to the airport as a result of aircraft operations, or that adversely affect the value of prior Federal investments to a significant extent;”
“(i) is outside the scope of the Secretary’s review and approval authority as set forth in subparagraph (B); or
“(ii) complies with the portions of the plan approved by the Secretary; and”
; and
“(I) Seasonal airports.—Notwithstanding section 47102, if the Secretary determines that a commercial service airport with at least 8,000 passenger boardings receives scheduled air carrier service for fewer than 6 months in the calendar year used to calculate apportionments to airport sponsors in a fiscal year, then the Secretary shall consider the airport to be a nonhub primary airport for purposes of this chapter.”
“(L) a project by a commercial service airport for the acquisition of airport-owned vehicles or ground support equipment equipped with low-emission technology if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)), if the airport would be able to receive appropriate emission credits (as described in section 47139), and the vehicles are;
“(i) used exclusively on airport property; or
“(ii) used exclusively to transport passengers and employees between the airport and the airport’s consolidated rental car facility or an intermodal surface transportation facility adjacent to the airport.”
; and
“(P) an on-airport project to improve the reliability and efficiency of the airport’s power supply and to prevent power disruptions to the airfield, passenger terminal, and any other airport facilities, including the acquisition and installation of electrical generators, separation of the airport’s main power supply from its redundant power supply, and the construction or modification of airport facilities to install a microgrid (as defined in section 641 of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231)).
“(Q) converting or retrofitting vehicles and ground support equipment into eligible zero-emission vehicles and equipment (as defined in section 47136) and for acquiring, by purchase or lease, eligible zero-emission vehicles and equipment.
“(R) predevelopment planning, including financial, legal, or procurement consulting services, related to an application or proposed application for an exemption under section 47134.”
“47136. Zero-emission airport vehicles and infrastructure.”; and
“47140. Increasing the energy efficiency of airport power sources.”.
“(b) Revised Maps.—
“(1) In general.—An airport operator that submits a noise exposure map under subsection (a) shall submit a revised map to the Secretary if, in an area surrounding an airport, a change in the operation of the airport would establish a substantial new noncompatible use, or would significantly reduce noise over existing noncompatible uses, that is not reflected in either the existing conditions map or forecast map currently on file with the Federal Aviation Administration.
“(2) Timing.—A submission under paragraph (1) shall be required only if the relevant change in the operation of the airport occurs during—
“(A) the forecast period of the applicable noise exposure map submitted by an airport operator under subsection (a); or
“(B) the implementation period of the airport operator’s noise compatibility program.”
“(2) Pavement standards.—
“(A) Technical assistance.—At the request of a State, the Secretary shall, not later than 30 days after the date of the request, provide technical assistance to the State in developing standards, acceptable to the Secretary under subparagraph (B), for pavement on nonprimary public-use airports in the State.
“(B) Requirements.—The Secretary shall—
“(i) continue to provide technical assistance under subparagraph (A) until the standards are approved under paragraph (1); and
“(ii) clearly indicate to the State the standards that are acceptable to the Secretary, considering, at a minimum, local conditions and locally available materials.”
“(k) Partnership Program Airports.—
“(1) Authority.—The Secretary may make grants with funds made available under this section for an airport participating in the program under section 47134 if—
“(A) the Secretary has approved the application of an airport sponsor under section 47134(b) in fiscal year 2019; and
“(B) the grant will—
“(i) satisfy an obligation incurred by an airport sponsor under section 47110(e) or funded by a nonpublic sponsor for an airport development project on the airport; or
“(ii) provide partial Federal reimbursement for airport development (as defined in section 47102) on the airport layout plan initiated in the fiscal year in which the application was approved, or later, for over a period of not more than 10 years.
“(2) Nonapplicability of certain sections.—Grants made under this subsection shall not be subject to—
“(A) subsection (c) of this section;
“(B) section 47117(e); or
“(C) any other apportionment formula, special apportionment category, or minimum percentage set forth in this chapter.”
“(7) Partnership Program Airports.—The Secretary may issue a letter of intent under this section to an airport sponsor with an approved application under section 47134(b) if—
“(A) the application was approved in fiscal year 2019; and
“(B) the project meets all other requirements set forth in this chapter.”
“(3) Exemption.—The terms and conditions of paragraph (2) shall not apply to an agreement described in paragraph (1) made before the enactment of the FAA Modernization and Reform Act of 2012 (Public Law 112–95) that the Secretary determines does not comply with such terms and conditions but involves property that is subject to deed or lease restrictions that are considered perpetual and that cannot readily be brought into compliance. However, if the Secretary determines that the airport sponsor and residential property owners are able to make any modification to such an agreement on or after the date of enactment of this paragraph, the exemption provided by this paragraph shall no longer apply.”
“(2) General aviation airport construction or improvement project.—A general aviation airport construction or improvement project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.”
“(8) General aviation airport construction or improvement project.—The term ‘general aviation airport construction or improvement project’ means—
“(A) a project for the construction or extension of a runway, including any land acquisition, helipad, taxiway, safety area, apron, or navigational aids associated with the runway or runway extension, at a general aviation airport, a reliever airport, or a commercial service airport that is not a primary airport (as such terms are defined in section 47102); and
“(B) any other airport development project that the Secretary designates as facilitating aviation capacity building projects at a general aviation airport.”
“(a) In General.—The Secretary of Transportation may establish a pilot program under which the sponsors of public-use airports may use funds made available under this chapter or section 48103 for use at such airports to carry out—
“(1) activities associated with the acquisition, by purchase or lease, and operation of eligible zero-emission vehicles and equipment, including removable power sources for such vehicles; and
“(2) the construction or modification of infrastructure to facilitate the delivery of fuel, power or services necessary for the use of such vehicles.
“(b) Eligibility.—A public-use airport is eligible for participation in the program if the eligible vehicles or equipment are—
“(1) used exclusively on airport property; or
“(2) used exclusively to transport passengers and employees between the airport and—
“(A) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
“(B) an intermodal surface transportation facility adjacent to the airport.”
“(d) Federal Share.—The Federal share of the cost of a project carried out under the program shall be the Federal share specified in section 47109.
“(e) Technical Assistance.—
“(1) In general.—The sponsor of a public-use airport may use not more than 10 percent of the amounts made available to the sponsor under the program in any fiscal year for—
“(A) technical assistance; and
“(B) project management support to assist the airport with the solicitation, acquisition, and deployment of zero- emission vehicles, related equipment, and supporting infrastructure.
“(2) Providers of technical assistance.—To receive the technical assistance or project management support described in paragraph (1), participants in the program may use—
“(A) a nonprofit organization selected by the Secretary; or
“(B) a university transportation center receiving grants under section 5505 in the region of the airport.
“(f) Materials Identifying Best Practices.—The Secretary may create and make available materials identifying best practices for carrying out activities funded under the program based on previous related projects and other sources.
“(g) Allowable Project Cost.—The allowable project cost for the acquisition of a zero-emission vehicle shall be the total cost of purchasing or leasing the vehicle, including the cost of technical assistance or project management support described in subsection (e).
“(h) Flexible Procurement.—A sponsor of a public-use airport may use funds made available under the program to acquire, by purchase or lease, a zero-emission vehicle and a removable power source in separate transactions, including transactions by which the airport purchases the vehicle and leases the removable power source.
“(i) Testing Required.—
“(1) In general.—A sponsor of a public-use airport may not use funds made available under the program to acquire a zero-emission vehicle unless that make, model, or type of vehicle has been tested by a Federal vehicle testing facility acceptable to the Secretary.
“(2) Penalties for false statements.—A certification of compliance under paragraph (1) shall be considered a certification required under this subchapter for purposes of section 47126.
“(j) Definitions.—In this section, the following definitions apply:
“(1) Eligible zero-emission vehicle and equipment.—The term ‘eligible zero-emission vehicle and equipment’ means a zero-emission vehicle, equipment related to such a vehicle, or ground support equipment that includes zero-emission technology that is—
“(A) used exclusively on airport property; or
“(B) used exclusively to transport passengers and employees between the airport and—
“(i) nearby facilities which are owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
“(ii) an intermodal surface transportation facility adjacent to the airport.
“(2) Removable power source.—The term ‘removable power source’ means a power source that is separately installed in, and removable from, a zero-emission vehicle and may include a battery, a fuel cell, an ultra-capacitor, or other power source used in a zero-emission vehicle.
“(3) Zero-emission vehicle.—The term ‘zero-emission vehicle’ means—
“(A) a zero-emission vehicle as defined in section 88.102–94 of title 40, Code of Federal Regulations; or
“(B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) under any possible operational modes and conditions.”
Ҥ 44736. Organization designation authorizations
“(a) Delegations of Functions.—
“(1) In general.—Except as provided in paragraph (3), when overseeing an ODA holder, the Administrator of the FAA shall—
“(A) require, based on an application submitted by the ODA holder and approved by the Administrator (or the Administrator’s designee), a procedures manual that addresses all procedures and limitations regarding the functions to be performed by the ODA holder;
“(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation with respect to 1 or more of the functions;
“(C) conduct regular oversight activities by inspecting the ODA holder’s delegated functions and taking action based on validated inspection findings; and
“(D) for each function that is limited under subparagraph (B), work with the ODA holder to develop the ODA holder’s capability to execute that function safely and effectively and return to full authority status.
“(2) Duties of oda holders.—An ODA holder shall—
“(A) perform each specified function delegated to the ODA holder in accordance with the approved procedures manual for the delegation;
“(B) make the procedures manual available to each member of the appropriate ODA unit; and
“(C) cooperate fully with oversight activities conducted by the Administrator in connection with the delegation.
“(3) Existing oda holders.—With regard to an ODA holder operating under a procedures manual approved by the Administrator before the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall—
“(A) at the request of the ODA holder and in an expeditious manner, approve revisions to the ODA holder’s procedures manual;
“(B) delegate fully to the ODA holder each of the functions to be performed as specified in the procedures manual, unless the Administrator determines, after the date of the delegation and as a result of an inspection or other investigation, that the public interest and safety of air commerce requires a limitation with respect to one or more of the functions;
“(C) conduct regular oversight activities by inspecting the ODA holder’s delegated functions and taking action based on validated inspection findings; and
“(D) for each function that is limited under subparagraph (B), work with the ODA holder to develop the ODA holder’s capability to execute that function safely and effectively and return to full authority status.
“(b) ODA Office.—
“(1) Establishment.—Not later than 120 days after the date of enactment of this section, the Administrator of the FAA shall identify, within the FAA Office of Aviation Safety, a centralized policy office to be known as the Organization Designation Authorization Office or the ODA Office.
“(2) Purpose.—The purpose of the ODA Office shall be to provide oversight and ensure the consistency of the FAA’s audit functions under the ODA program across the FAA.
“(3) Functions.—The ODA Office shall—
“(A)
(i) at the request of an ODA holder, eliminate all limitations specified in a procedures manual in place on the day before the date of enactment of the FAA Reauthorization Act of 2018 that are low and medium risk as determined by a risk analysis using criteria established by the ODA Office and disclosed to the ODA holder, except where an ODA holder’s performance warrants the retention of a specific limitation due to documented concerns about inadequate current performance in carrying out that authorized function;
“(ii) require an ODA holder to establish a corrective action plan to regain authority for any retained limitations;
“(iii) require an ODA holder to notify the ODA Office when all corrective actions have been accomplished; and
“(iv) make a reassessment to determine if subsequent performance in carrying out any retained limitation warrants continued retention and, if such reassessment determines performance meets objectives, lift such limitation immediately;
“(B) improve FAA and ODA holder performance and ensure full utilization of the authorities delegated under the ODA program;
“(C) develop a more consistent approach to audit priorities, procedures, and training under the ODA program;
“(D) review, in a timely fashion, a random sample of limitations on delegated authorities under the ODA program to determine if the limitations are appropriate;
“(E) ensure national consistency in the interpretation and application of the requirements of the ODA program, including any limitations, and in the performance of the ODA program; and
“(F) at the request of an ODA holder, review and approve new limitations to ODA functions.
“(c) Definitions.—In this section, the following definitions apply:
“(1) FAA.—The term ‘FAA’ means the Federal Aviation Administration.
“(2) ODA holder.—The term ‘ODA holder’ means an entity authorized to perform functions pursuant to a delegation made by the Administrator of the FAA under section 44702(d).
“(3) ODA unit.—The term “ODA unit” means a group of 2 or more individuals who perform, under the supervision of an ODA holder, authorized functions under an ODA.
“(4) Organization.—The term “organization” means a firm, partnership, corporation, company, association, joint-stock association, or governmental entity.
“(5) Organization designation authorization; oda.—The term ‘Organization Designation Authorization’ or ‘ODA’ means an authorization by the FAA under section 44702(d) for an organization composed of 1 or more ODA units to perform approved functions on behalf of the FAA.”
“44736. Organization designation authorizations.”.
“(6) Type certification resolution process.—
“(A) In general.—Not later than 15 months after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall establish an effective, timely, and milestone-based issue resolution process for type certification activities under this subsection.
“(B) Process requirements.—The resolution process shall provide for—
“(i) resolution of technical issues at pre-established stages of the certification process, as agreed to by the Administrator and the type certificate applicant;
“(ii) automatic elevation to appropriate management personnel of the Federal Aviation Administration and the type certificate applicant of any major certification process milestone that is not completed or resolved within a specific period of time agreed to by the Administrator and the type certificate applicant; and
“(iii) resolution of a major certification process milestone elevated pursuant to clause (ii) within a specific period of time agreed to by the Administrator and the type certificate applicant.
“(C) Major certification process milestone defined.—In this paragraph, the term ‘major certification process milestone’ means a milestone related to a type certification basis, type certification plan, type inspection authorization, issue paper, or other major type certification activity agreed to by the Administrator and the type certificate applicant.”
“(d) Promotion of United States Aerospace Standards, Products, and Services Abroad.—The Secretary shall take appropriate actions to—
“(1) promote United States aerospace-related safety standards abroad;
“(2) facilitate and vigorously defend approvals of United States aerospace products and services abroad;
“(3) with respect to bilateral partners, utilize bilateral safety agreements and other mechanisms to improve validation of United States certificated aeronautical products, services, and appliances and enhance mutual acceptance in order to eliminate redundancies and unnecessary costs; and
“(4) with respect to the aeronautical safety authorities of a foreign country, streamline validation and coordination processes.”
“(5) Foreign airworthiness directives.—
“(A) Acceptance.—Subject to subparagraph (D), the Administrator may accept an airworthiness directive, as defined in section 39.3 of title 14, Code of Federal Regulations, issued by an aeronautical safety authority of a foreign country, and leverage that authority’s regulatory process, if—
“(i) the country is the state of design for the product that is the subject of the airworthiness directive;
“(ii) the United States has a bilateral safety agreement relating to aircraft certification with the country;
“(iii) as part of the bilateral safety agreement with the country, the Administrator has determined that such aeronautical safety authority has an aircraft certification system relating to safety that produces a level of safety equivalent to the level produced by the system of the Federal Aviation Administration;
“(iv) the aeronautical safety authority of the country utilizes an open and transparent notice and comment process in the issuance of airworthiness directives; and
“(v) the airworthiness directive is necessary to provide for the safe operation of the aircraft subject to the directive.
“(B) Alternative approval process.—Notwithstanding subparagraph (A), the Administrator may issue a Federal Aviation Administration airworthiness directive instead of accepting an airworthiness directive otherwise eligible for acceptance under such subparagraph, if the Administrator determines that such issuance is necessary for safety or operational reasons due to the complexity or unique features of the Federal Aviation Administration airworthiness directive or the United States aviation system.
“(C) Alternative means of compliance.—The Administrator may—
“(i) accept an alternative means of compliance, with respect to an airworthiness directive accepted under subparagraph (A), that was approved by the aeronautical safety authority of the foreign country that issued the airworthiness directive; or
“(ii) notwithstanding subparagraph (A), and at the request of any person affected by an airworthiness directive accepted under such subparagraph, approve an alternative means of compliance with respect to the airworthiness directive.
“(D) Limitation.—The Administrator may not accept an airworthiness directive issued by an aeronautical safety authority of a foreign country if the airworthiness directive addresses matters other than those involving the safe operation of an aircraft.”
“(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.”
“(6) The number of hours flown at night by helicopters operated by the certificate holder.”
“(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.”
Ҥ 44737. Helicopter fuel system safety
“(a) Prohibition.—
“(1) In general.—A person may not operate a covered rotorcraft in United States airspace unless the design of the rotorcraft is certified by the Administrator of the Federal Aviation Administration to—
“(A) comply with the requirements applicable to the category of the rotorcraft under paragraphs (1), (2), (3), (5), and (6) of section 27.952(a), section 27.952(c), section 27.952(f), section 27.952(g), section 27.963(g) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and section 27.975(b) or paragraphs (1), (2), (3), (5), and (6) of section 29.952(a), section 29.952(c), section 29.952(f), section 29.952(g), section 29.963(b) (but allowing for a minimum puncture force of 250 pounds if successfully drop tested in-structure), and 29.975(a)(7) of title 14, Code of Federal Regulations, as in effect on the date of enactment of this section; or
“(B) employ other means acceptable to the Administrator to provide an equivalent level of fuel system crash resistance.
“(2) Covered rotorcraft defined.—In this subsection, the term ‘covered rotorcraft’ means a rotorcraft not otherwise required to comply with section 27.952, section 27.963, and section 27.975, or section 29.952, section 29.963, and section 29.975 of title 14, Code of Federal Regulations as in effect on the date of enactment of this section for which manufacture was completed, as determined by the Administrator, on or after the date that is 18 months after the date of enactment of this section.
“(b) Administrative Provisions.—The Administrator shall—
“(1) expedite the certification and validation of United States and foreign type designs and retrofit kits that improve fuel system crashworthiness; and
“(2) not later than 180 days after the date of enactment of this section, and periodically thereafter, issue a bulletin to—
“(A) inform rotorcraft owners and operators of available modifications to improve fuel system crashworthiness; and
“(B) urge that such modifications be installed as soon as practicable.
“(c) Rule of Construction.—Nothing in this section may be construed to affect the operation of a rotorcraft by the Department of Defense.”
“44737. Helicopter fuel system safety.”.
“CHAPTER 448— UNMANNED AIRCRAFT SYSTEMS
“44801. Definitions.
“44802. Integration of civil unmanned aircraft systems into national airspace system.
Ҥ 44801. Definitions
“In this chapter, the following definitions apply:
“(1) Actively tethered unmanned aircraft system.—The term ‘actively tethered unmanned aircraft system’ means an unmanned aircraft system in which the unmanned aircraft component—
“(A) weighs 4.4 pounds or less, including payload but not including the tether;
“(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft; and
“(C) is controlled and retrieved by such ground station through physical manipulation of the tether.
“(2) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(3) Arctic.—The term ‘Arctic’ means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
“(4) Certificate of waiver; certificate of authorization.—The terms ‘certificate of waiver’ and ‘certificate of authorization’ mean a Federal Aviation Administration grant of approval for a specific flight operation.
“(5) Counter-UAS system.—The term ‘counter-UAS system’ means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system.
“(6) Permanent areas.—The term ‘permanent areas’ means areas on land or water that provide for launch, recovery, and operation of small unmanned aircraft.
“(7) Public unmanned aircraft system.—The term ‘public unmanned aircraft system’ means an unmanned aircraft system that meets the qualifications and conditions required for operation of a public aircraft.
“(8) Sense and avoid capability.—The term ‘sense and avoid capability’ means the capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft, structures on the ground, and other objects.
“(9) Small unmanned aircraft.—The term ‘small unmanned aircraft’ means an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.
“(10) Test range.—The term ‘test range’ means a defined geographic area where research and development are conducted as authorized by the Administrator of the Federal Aviation Administration, and includes any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009.
“(11) Unmanned aircraft.—The term ‘unmanned aircraft’ means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
“(12) Unmanned aircraft system.—The term ‘unmanned aircraft system’ means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system.
“(13) UTM.—The term ‘UTM’ means an unmanned aircraft system traffic management system or service.
Ҥ 44802. Integration of civil unmanned aircraft systems into national airspace system
“(a) Required Planning for Integration.—
“(1) Comprehensive plan.—Not later than November 10, 2012, the Secretary of Transportation, in consultation with representatives of the aviation industry, Federal agencies that employ unmanned aircraft systems technology in the national airspace system, and the unmanned aircraft systems industry, shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.
“(2) Contents of plan.—The plan required under paragraph (1) shall contain, at a minimum, recommendations or projections on—
“(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will—
“(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems;
“(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and
“(iii) establish standards and requirements for the operator and pilot of a civil unmanned aircraft system, including standards and requirements for registration and licensing;
“(B) the best methods to enhance the technologies and subsystems necessary to achieve the safe and routine operation of civil unmanned aircraft systems in the national airspace system;
“(C) a phased-in approach to the integration of civil unmanned aircraft systems into the national airspace system;
“(D) a timeline for the phased-in approach described under subparagraph (C);
“(E) creation of a safe airspace designation for cooperative manned and unmanned flight operations in the national airspace system;
“(F) establishment of a process to develop certification, flight standards, and air traffic requirements for civil unmanned aircraft systems at test ranges where such systems are subject to testing;
“(G) the best methods to ensure the safe operation of civil unmanned aircraft systems and public unmanned aircraft systems simultaneously in the national airspace system; and
“(H) incorporation of the plan into the annual NextGen Implementation Plan document (or any successor document) of the Federal Aviation Administration.
“(3) Deadline.—The plan required under paragraph (1) shall provide for the safe integration of civil unmanned aircraft systems into the national airspace system as soon as practicable, but not later than September 30, 2015.
“(4) Report to congress.—Not later than February 14, 2013, the Secretary shall submit to Congress a copy of the plan required under paragraph (1).
“(5) Roadmap.—Not later than February 14, 2013, the Secretary shall approve and make available in print and on the Administration’s internet website a 5-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system, as coordinated by the Unmanned Aircraft Program Office of the Administration. The Secretary shall update, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA) and relevant stakeholders, including those in industry and academia, the roadmap annually. The roadmap shall include, at a minimum—
“(A) cost estimates, planned schedules, and performance benchmarks, including specific tasks, milestones, and timelines, for unmanned aircraft systems integration into the national airspace system, including an identification of—
“(i) the role of the unmanned aircraft systems test ranges established under subsection (c) and the Unmanned Aircraft Systems Center of Excellence;
“(ii) performance objectives for unmanned aircraft systems that operate in the national airspace system; and
“(iii) research and development priorities for tools that could assist air traffic controllers as unmanned aircraft systems are integrated into the national airspace system, as appropriate;
“(B) a description of how the Administration plans to use research and development, including research and development conducted through NASA’s Unmanned Aircraft Systems Traffic Management initiatives, to accommodate, integrate, and provide for the evolution of unmanned aircraft systems in the national airspace system;
“(C) an assessment of critical performance abilities necessary to integrate unmanned aircraft systems into the national airspace system, and how these performance abilities can be demonstrated; and
“(D) an update on the advancement of technologies needed to integrate unmanned aircraft systems into the national airspace system, including decisionmaking by adaptive systems, such as sense-and-avoid capabilities and cyber physical systems security.
“(b) Rulemaking.—Not later than 18 months after the date on which the plan required under subsection (a)(1) is submitted to Congress under subsection (a)(4), the Secretary shall publish in the Federal Register—
“(1) a final rule on small unmanned aircraft systems that will allow for civil operation of such systems in the national airspace system, to the extent the systems do not meet the requirements for expedited operational authorization under section 44807;
“(2) a notice of proposed rulemaking to implement the recommendations of the plan required under subsection (a)(1), with the final rule to be published not later than 16 months after the date of publication of the notice; and
“(3) an update to the Administration’s most recent policy statement on unmanned aircraft systems, contained in Docket No. FAA–2006–25714.”
“448 . Unmanned aircraft systems 44801”.
Ҥ 44803. Unmanned aircraft test ranges
“(a) In General.—The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of the test ranges to facilitate the safe integration of unmanned aircraft systems into the national airspace system.
“(b) Program Requirements.—In carrying out the program under subsection (a), the Administrator shall—
“(1) designate airspace for safely testing the integration of unmanned flight operations in the national airspace system;
“(2) develop operational standards and air traffic requirements for unmanned flight operations at test ranges;
“(3) coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense;
“(4) address both civil and public unmanned aircraft systems;
“(5) ensure that the program is coordinated with relevant aspects of the Next Generation Air Transportation System;
“(6) provide for verification of the safety of unmanned aircraft systems and related navigation procedures as it relates to continued development of standards for integration into the national airspace system;
“(7) engage test range operators, as necessary and within available resources, in projects for research, development,testing, and evaluation of unmanned aircraft systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft into the national airspace system, which may include solutions for—
“(A) developing and enforcing geographic and altitude limitations;
“(B) providing for alerts by the manufacturer of an unmanned aircraft system regarding any hazards or limitations on flight, including prohibition on flight as necessary;
“(C) sense and avoid capabilities;
“(D) beyond-visual-line-of-sight operations, nighttime operations, operations over people, operation of multiple small unmanned aircraft systems, and unmanned aircraft systems traffic management, or other critical research priorities; and
“(E) improving privacy protections through the use of advances in unmanned aircraft systems technology;
“(8) coordinate periodically with all test range operators to ensure test range operators know which data should be collected, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;
“(9) streamline to the extent practicable the approval process for test ranges when processing unmanned aircraft certificates of waiver or authorization for operations at the test sites;
“(10) require each test range operator to protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using that test range without the need to obtain an experimental or special airworthiness certificate;
“(11) allow test range operators to receive Federal funding, other than from the Federal Aviation Administration, including in-kind contributions, from test range participants in the furtherance of research, development, and testing objectives.
“(c) Waivers.—In carrying out this section the Administrator may waive the requirements of section 44711 of title 49, United States Code, including related regulations, to the extent consistent with aviation safety.
“(d) Review of Operations by Test Range Operators.—The operator of each test range under subsection (a) shall—
“(1) review the operations of unmanned aircraft systems conducted at the test range, including—
“(A) ongoing or completed research; and
“(B) data regarding operations by private and public operators; and
“(2) submit to the Administrator, in such form and manner as specified by the Administrator, the results of the review, including recommendations to further enable private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system, on a quarterly basis until the program terminates.
“(e) Testing.—The Secretary of Transportation may authorize an operator of a test range described in subsection (a) to administer testing requirements established by the Administrator for unmanned aircraft systems operations.
“(f) Collaborative Research and Development Agreements.—The Administrator may use the other transaction authority under section 106(l)(6) and enter into collaborative research and development agreements, to direct research related to unmanned aircraft systems, including at any test range under subsection (a), and in coordination with the Center of Excellence for Unmanned Aircraft Systems.
“(g) Use of Center of Excellence for Unmanned Aircraft Systems.—The Administrator, in carrying out research necessary to implement the consensus safety standards requirements in section 44805 shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges.
“(h) Termination.—The program under this section shall terminate on September 30, 2023.”
“44803. Unmanned aircraft system test ranges.”.
Ҥ 44804. Small unmanned aircraft in the Arctic
“(a) In General.—The Secretary of Transportation shall develop a plan and initiate a process to work with relevant Federal agencies and national and international communities to designate permanent areas in the Arctic where small unmanned aircraft may operate 24 hours per day for research and commercial purposes.
“(b) Plan Contents.—The plan under subsection (a) shall include the development of processes to facilitate the safe operation of small unmanned aircraft beyond the visual line of sight.
“(c) Requirements.—Each permanent area designated under subsection (a) shall enable over-water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites.
“(d) Agreements.—To implement the plan under subsection (a), the Secretary may enter into an agreement with relevant national and international communities.
“(e) Aircraft Approval.—
“(1) In general.—Subject to paragraph (2), not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this section, the Secretary shall work with relevant national and international communities to establish and implement a process for approving the use of a small unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the small unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.
“(2) Existing process.—The Secretary may implement an existing process to meet the requirements under paragraph (1).”
“44804. Small unmanned aircraft in the Arctic.”.
Ҥ 44805. Small Unmanned aircraft safety standards
“(a) FAA Process for Acceptance and Authorization.—The Administrator of the Federal Aviation Administration shall establish a process for—
“(1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems;
“(2) authorizing the operation of small unmanned aircraft system make and model designed, produced, or modified in accordance with the consensus safety standards accepted under paragraph (1);
“(3) authorizing a manufacturer to self-certify a small unmanned aircraft system make or model that complies with consensus safety standards accepted under paragraph (1); and
“(4) certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the requirements of paragraph (1).
“(b) Considerations.—Before accepting consensus safety standards under subsection (a), the Administrator of the Federal Aviation Administration shall consider the following:
“(1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities.
“(2) Using performance-based requirements.
“(3) Assessing varying levels of risk posed by different small unmanned aircraft systems and their operation and tailoring performance-based requirements to appropriately mitigate risk.
“(4) Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised.
“(5) Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.
“(6) Means to prevent tampering with or modification of any system, limitation, or other safety mechanism or standard under this section or any other provision of law, including a means to identify any tampering or modification that has been made.
“(7) Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).
“(8) To the extent not considered previously by the consensus body that crafted consensus safety standards, cost-benefit and risk analyses of consensus safety standards that may be accepted pursuant to subsection (a) for newly designed small unmanned aircraft systems.
“(9) Applicability of consensus safety standards to small unmanned aircraft systems that are not manufactured commercially.
“(10) Any technology or standard related to small unmanned aircraft systems that promotes aviation safety.
“(11) Any category of unmanned aircraft systems that should be exempt from the consensus safety standards based on risk factors.
“(e) Nonapplicability of Other Laws.—The process for authorizing the operation of small unmanned aircraft systems under subsection (a) may allow for operation of any applicable small unmanned aircraft systems within the national airspace system without requiring—
“(1) airworthiness certification requirements under section 44704 of this title; or
“(2) type certification under part 21 of title 14, Code of Federal Regulations.
“(f) Revocation.—The Administrator may suspend or revoke the authorizations in subsection (a) if the Administrator determines that the manufacturer or the small unmanned aircraft system is no longer in compliance with the standards accepted by the Administrator under subsection (a)(1) or with the manufacturer’s statement of compliance under subsection (h).
“(g) Requirements.—With regard to an authorization under the processes in subsection (a), the Administrator may require a manufacturer of small unmanned aircraft systems to provide the Federal Aviation Administration with the following:
“(1) The aircraft system’s operating instructions.
“(2) The aircraft system’s recommended maintenance and inspection procedures.
“(3) The manufacturer’s statement of compliance described in subsection (h).
“(4) Upon request, a sample aircraft to be inspected by the Federal Aviation Administration to ensure compliance with the consensus safety standards accepted by the Administrator under subsection (a).
“(h) Manufacturer’s Statement of Compliance for Small UAS.—A manufacturer’s statement of compliance shall—
“(1) identify the aircraft make, model, range of serial numbers, and any applicable consensus safety standards used and accepted by the Administrator;
“(2) state that the aircraft make and model meets the provisions of the consensus safety standards identified in paragraph (1);
“(3) state that the aircraft make and model conforms to the manufacturer’s design data and is manufactured in a way that ensures consistency across units in the production process in order to meet the applicable consensus safety standards accepted by the Administrator;
“(4) state that the manufacturer will make available to the Administrator, operators, or customers—
“(A) the aircraft’s operating instructions, which conform to the consensus safety standards identified in paragraph (1); and
“(B) the aircraft’s recommended maintenance and inspection procedures, which conform to the consensus safety standards identified in paragraph (1);
“(5) state that the manufacturer will monitor safety-of-flight issues and take action to ensure it meets the consensus safety standards identified in paragraph (1) and report these issues and subsequent actions to the Administrator;
“(6) state that at the request of the Administrator, the manufacturer will provide reasonable access for the Administrator to its facilities for the purposes of overseeing compliance with this section; and
“(7) state that the manufacturer, in accordance with the consensus safety standards accepted by the Federal Aviation Administration, has—
“(A) ground and flight tested random samples of the aircraft;
“(B) found the sample aircraft performance acceptable; and
“(C) determined that the make and model of aircraft is suitable for safe operation.
“(i) Prohibitions.—
“(1) False statements of compliance.—It shall be unlawful for any person to knowingly submit a statement of compliance described in subsection (h) that is fraudulent or intentionally false.
“(2) Introduction into interstate commerce.—Unless the Administrator determines operation of an unmanned aircraft system may be conducted without an airworthiness certificate or permission, authorization, or approval under subsection (a), it shall be unlawful for any person to knowingly introduce or deliver for introduction into interstate commerce any small unmanned aircraft system that is manufactured after the date that the Administrator accepts consensus safety standards under this section unless—
“(A) the make and model has been authorized for operation under subsection (a); or
“(B) the aircraft has alternatively received design and production approval issued by the Federal Aviation Administration.
“(j) Exclusions.—The Administrator may exempt from the requirements of this section small unmanned aircraft systems that are not capable of navigating beyond the visual line of sight of the operator through advanced flight systems and technology, if the Administrator determines that such an exemption does not pose a risk to the safety of the national airspace system.”
“44805. Small unmanned aircraft safety standards.”.
Ҥ 44806. Public unmanned aircraft systems
“(a) Guidance.—The Secretary of Transportation shall issue guidance regarding the operation of a public unmanned aircraft system—
“(1) to streamline and expedite the process for the issuance of a certificate of authorization or a certificate of waiver;
“(2) to facilitate the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the Federal Aviation Administration, to test and operate public unmanned aircraft systems; and
“(3) to provide guidance on a public agency’s responsibilities when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration.
“(b) Agreements With Government Agencies.—
“(1) In general.—The Secretary shall enter into an agreement with each appropriate public agency to simplify the process for issuing a certificate of waiver or a certificate of authorization with respect to an application for authorization to operate a public unmanned aircraft system in the national airspace system.
“(2) Contents.—An agreement under paragraph (1) shall—
“(A) with respect to an application described in paragraph (1)—
“(i) provide for an expedited review of the application;
“(ii) require a decision by the Administrator on approval or disapproval not later than 60 business days after the date of submission of the application; and
“(iii) allow for an expedited appeal if the application is disapproved;
“(B) allow for a one-time approval of similar operations carried out during a fixed period of time; and
“(C) allow a government public safety agency to operate an unmanned aircraft weighing 4.4 pounds or less if that unmanned aircraft is operated—
“(i) within or beyond the visual line of sight of the operator;
“(ii) less than 400 feet above the ground;
“(iii) during daylight conditions;
“(iv) within Class G airspace; and
“(v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.
“(c) Public Actively Tethered Unmanned Aircraft Systems.—
“(1) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall permit the use of, and may issue guidance regarding, the use of public actively tethered unmanned aircraft systems that are—
“(A) operated at an altitude of less than 150 feet above ground level;
“(B) operated—
“(i) within class G airspace; or
“(ii) at or below the ceiling depicted on the Federal Aviation Administration’s published UAS facility maps for class B, C, D, or E surface area airspace;
“(C) not flown directly over non-participating persons;
“(D) operated within visual line of sight of the operator; and
“(E) operated in a manner that does not interfere with and gives way to any other aircraft.
“(2) Requirements.—Public actively tethered unmanned aircraft systems may be operated —
“(A) without any requirement to obtain a certificate of authorization, certificate of waiver, or other approval by the Federal Aviation Administration;
“(B) without requiring airman certification under section 44703 of this title or any rule or regulation relating to airman certification; and
“(C) without requiring airworthiness certification under section 44704 of this title or any rule or regulation relating to aircraft certification.
“(3) Safety standards.—Public actively tethered unmanned aircraft systems operated within the scope of the guidance issued pursuant to paragraph (1) shall be exempt from the requirements of section 44805 of this title.
“(4) Savings provision.—Nothing in this subsection shall be construed to preclude the Administrator of the Federal Aviation Administration from issuing new regulations for public actively tethered unmanned aircraft systems in order to ensure the safety of the national airspace system.
“(d) Federal Agency Coordination to Enhance the Public Health and Safety Capabilities of Public Unmanned Aircraft Systems.—The Administrator shall assist Federal civilian Government agencies that operate unmanned aircraft systems within civil-controlled airspace, in operationally deploying and integrating sense and avoid capabilities, as necessary to operate unmanned aircraft systems safely within the national airspace system.”
“44806. Public unmanned aircraft systems.”.
Ҥ 44807. Special authority for certain unmanned aircraft systems
“(a) In General.—Notwithstanding any other requirement of this chapter, the Secretary of Transportation shall use a risk-based approach to determine if certain unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 44802 or the guidance required by section 44806.
“(b) Assessment of Unmanned Aircraft Systems.—In making the determination under subsection (a), the Secretary shall determine, at a minimum—
“(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night, do not create a hazard to users of the national airspace system or the public; and
“(2) whether a certificate under section 44703 or section 44704 of this title, or a certificate of waiver or certificate of authorization, is required for the operation of unmanned aircraft systems identified under paragraph (1) of this subsection.
“(c) Requirements for Safe Operation.—If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system, including operation related to research, development, and testing of proprietary systems.
“(d) Sunset.—The authority under this section for the Secretary to determine if certain unmanned aircraft systems may operate safely in the national airspace system terminates effective September 30, 2023.”
“44807. Special authority for certain unmanned aircraft systems.”.
Ҥ 44808. Carriage of property by small unmanned aircraft systems for compensation or hire
“(a) In General.—Not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator of the Federal Aviation Administration shall update existing regulations to authorize the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the United States.
“(b) Contents.—Any rulemaking conducted under subsection (a) shall provide for the following:
“(1) Use performance-based requirements.
“(2) Consider varying levels of risk to other aircraft and to persons and property on the ground posed by different unmanned aircraft systems and their operation and tailor performance-based requirements to appropriately mitigate risk.
“(3) Consider the unique characteristics of highly automated, small unmanned aircraft systems.
“(4) Include requirements for the safe operation of small unmanned aircraft systems that, at a minimum, address—
“(A) airworthiness of small unmanned aircraft systems;
“(B) qualifications for operators and the type and nature of the operations;
“(C) operating specifications governing the type and nature of the unmanned aircraft system air carrier operations; and
“(D) the views of State, local, and tribal officials related to potential impacts of the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the communities to be served.
“(5) Small uas.—The Secretary may amend part 298 of title 14, Code of Federal Regulations, to update existing regulations to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such authority shall only require—
“(A) registration with the Department of Transportation;
“(B) authorization from the Federal Aviation Administration to conduct operations; and
“(C) compliance with chapters 401, 411, and 417.
“(6) Availability of current certification processes.—Pending completion of the rulemaking required in subsection (a) of this section, a person may seek an air carrier operating certificate and certificate of public convenience and necessity, or an exemption from such certificate, using existing processes.”
“44808. Carriage of property by small unmanned aircraft systems for compensation or hire.”.
Ҥ 44809. Exception for limited recreational operations of unmanned aircraft
“(a) In General.—Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:
“(1) The aircraft is flown strictly for recreational purposes.
“(2) The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
“(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.
“(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
“(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
“(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.
“(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
“(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.
“(b) Other Operations.—Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.
“(c) Operations at Fixed Sites.—
“(1) Operating procedure required.—Persons operating unmanned aircraft under subsection (a) from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization conducting a sanctioned event within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.
“(2) Unmanned aircraft weighing more than 55 pounds.—A person may operate an unmanned aircraft weighing more than 55 pounds, including the weight of anything attached to or carried by the aircraft, under subsection (a) if—
“(A) the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and
“(B) the aircraft is operated from a fixed site as described in paragraph (1).
“(d) Updates.—
“(1) In general.—The Administrator, in consultation with government, stakeholders, and community-based organizations, shall initiate a process to periodically update the operational parameters under subsection (a), as appropriate.
“(2) Considerations.—In updating an operational parameter under paragraph (1), the Administrator shall consider—
“(A) appropriate operational limitations to mitigate risks to aviation safety and national security, including risk to the uninvolved public and critical infrastructure;
“(B) operations outside the membership, guidelines, and programming of a community-based organization;
“(C) physical characteristics, technical standards, and classes of aircraft operating under this section;
“(D) trends in use, enforcement, or incidents involving unmanned aircraft systems;
“(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and
“(F) equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the national airspace system.
“(3) Savings clause.—Nothing in this subsection shall be construed as expanding the authority of the Administrator to require a person operating an unmanned aircraft under this section to seek permissive authority of the Administrator, beyond that required in subsection (a) of this section, prior to operation in the national airspace system.
“(e) Statutory Construction.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system.
“(f) Exceptions.—Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception set forth in this section, relating to—
“(1) updates to the operational parameters for unmanned aircraft in subsection (a);
“(2) the registration and marking of unmanned aircraft;
“(3) the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and
“(4) other standards consistent with maintaining the safety and security of the national airspace system.
“(g) Aeronautical Knowledge and Safety Test.—
“(1) In general.—Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered electronically by the Administrator, a community-based organization, or a person designated by the Administrator.
“(2) Requirements.—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s—
“(A) understanding of aeronautical safety knowledge; and
“(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.
“(h) Community-based Organization Defined.—In this section, the term ‘community-based organization’ means a membership-based association entity that—
“(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
“(2) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
“(3) the mission of which is demonstrably the furtherance of model aviation;
“(4) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the ground, and may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond visual line of sight of the operator;
“(5) provides programming and support for any local charter organizations, affiliates, or clubs; and
“(6) provides assistance and support in the development and operation of locally designated model aircraft flying sites.
“(i) Recognition of Community-based Organizations.—In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.”
“44809. Exception for limited recreational operations of unmanned aircraft.”.
“(F) An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), except as provided in section 40125(b).”
“(e) Deadlines.—
“(1) Not later than March 31, 2019, the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section.
“(2) Not later than 12 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule.”
“(5) knowingly and willfully operates an unmanned aircraft system with the intent to knowingly and willfully direct or otherwise cause such unmanned aircraft system to enter or operate within or above a restricted building or grounds;”
Ҥ 40A. Operation of unauthorized unmanned aircraft over wildfires
“(a) In General.—Except as provided in subsection (b), an individual who operates an unmanned aircraft and knowingly or recklessly interferes with a wildfire suppression, or law enforcement or emergency response efforts related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.
“(b) Exceptions.—This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.
“(c) Definitions.—In this section, the following definitions apply:
“(1) Unmanned aircraft.—The term ‘unmanned aircraft’ has the meaning given the term in section 44801 of title 49, United States Code.
“(2) Wildfire.—The term ‘wildfire’ has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).
“(3) Wildfire suppression.—The term ‘wildfire suppression’ means an effort to contain, extinguish, or suppress a wildfire.”
“40A. Operation of unauthorized unmanned aircraft over wildfires.”.
Ҥ 44810. Airport safety and airspace hazard mitigation and enforcement
“(a) Coordination.—The Administrator of the Federal Aviation Administration shall work with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal departments and agencies for the purpose of ensuring that technologies or systems that are developed, tested, or deployed by Federal departments and agencies to detect and mitigate potential risks posed by errant or hostile unmanned aircraft system operations do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system.
“(b) Plan.—
“(1) In general.—The Administrator shall develop a plan for the certification, permitting, authorizing, or allowing of the deployment of technologies or systems for the detection and mitigation of unmanned aircraft systems.
“(2) Contents.—The plan shall provide for the development of policies, procedures, or protocols that will allow appropriate officials of the Federal Aviation Administration to utilize such technologies or systems to take steps to detect and mitigate potential airspace safety risks posed by unmanned aircraft system operations.
“(3) Aviation rulemaking committee.—The Administrator shall charter an aviation rulemaking committee to make recommendations for such a plan and any standards that the Administrator determines may need to be developed with respect to such technologies or systems. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to an aviation rulemaking committee chartered under this paragraph.
“(4) Non-delegation.—The plan shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code.
“(c) Airspace Hazard Mitigation Program.—In order to test and evaluate technologies or systems that detect and mitigate potential aviation safety risks posed by unmanned aircraft, the Administrator shall deploy such technologies or systems at 5 airports, including 1 airport that ranks in the top 10 of the FAA’s most recent Passenger Boarding Data.
“(d) Authority.—Under the testing and evaluation in subsection (c), the Administrator shall use unmanned aircraft detection and mitigation systems to detect and mitigate the unauthorized operation of an unmanned aircraft that poses a risk to aviation safety.
“(e) Aip Funding Eligibility.—Upon the certification, permitting, authorizing, or allowing of such technologies and systems that have been successfully tested under this section, an airport sponsor may apply for a grant under subchapter I of chapter 471 to purchase an unmanned aircraft detection and mitigation system. For purposes of this subsection, purchasing an unmanned aircraft detection and mitigation system shall be considered airport development (as defined in section 47102).
“(f) Briefing.—The Administrator shall annually brief the appropriate committees of Congress, including the Committee on Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, on the implementation of this section.
“(g) Applicability of Other Laws.—Section 46502 of this title, section 32 of title 18, United States Code (commonly known as the Aircraft Sabotage Act), section 1031 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act of 1986), sections 2510–2522 of title 18, United States Code (commonly known as the Wiretap Act), and sections 3121–3127 of title 18, United States Code (commonly known as the Pen/Trap Statute), shall not apply to activities authorized by the Administrator pursuant to subsection (c) and (d).
“(h) Sunset.—This section ceases to be effective September 30, 2023.
“(i) Non-delegation.—The Administrator shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code. The Administrator may partner with other Federal agencies under this section, subject to any restrictions contained in such agencies’ authority to operate counter unmanned aircraft systems.”
“44810. Airport safety and airspace hazard mitigation and enforcement.”.
Ҥ 39B. Unsafe operation of unmanned aircraft
“(a) Offense.—Any person who operates an unmanned aircraft and:
“(1) Knowingly interferes with, or disrupts the operation of, an aircraft carrying 1 or more occupants operating in the special aircraft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c).
“(2) Recklessly interferes with, or disrupts the operation of, an aircraft carrying 1 or more occupants operating in the special aircraft jurisdiction of the United States, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c).
“(b) Operation of Unmanned Aircraft in Close Proximity to Airports.—
“(1) In general.—Any person who, without authorization, knowingly operates an unmanned aircraft within a runway exclusion zone shall be punished as provided in subsection (c).
“(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 ½ statute mile.
“(c) Penalty.—
“(1) In general.—Except as provided in paragraph (2), the punishment for an offense under subsections (a) or (b) shall be a fine under this title, imprisonment for not more than 1 year, or both.
“(2) Serious bodily injury or death.—Any person who:
“(A) Causes serious bodily injury or death during the commission of an offense under subsection (a)(2) shall be fined under this title, imprisoned for a term of up to 10 years, or both.
“(B) Causes, or attempts or conspires to cause, serious bodily injury or death during the commission of an offense under subsections (a)(1) and (b) shall be fined under this title, imprisoned for any term of years or for life, or both.”
“39B. Unsafe operation of unmanned aircraft.”.
“(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, upon request, to the individual holding the airman certificate the releasable portion of the investigative report at the time the Administrator issues the order. If the complete Report of Investigation is not available at the time of the request, the Administrator shall issue all portions of the report that are available at the time and shall provide the full report not later than 5 days after its completion.
“(B) Other orders.—In any nonemergency proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator notifies the certificate holder of a proposed certificate action under subsections (b) and (c) of section 44709 or section 44710 of title 49, United States Code, the Administrator shall, upon the written request of the covered certificate holder and at any time after that notification, provide to the covered certificate holder the releasable portion of the investigative report.
“(2) Motion for dismissal.—If the Administrator does not provide the releasable portions of the investigative report to the individual holding the airman certificate subject to the proceeding referred to in paragraph (1) by the time required by that paragraph, the individual may move to dismiss the complaint of the Administrator or for other relief and, unless the Administrator establishes good cause for the failure to provide the investigative report or for a lack of timeliness, the administrative law judge shall order such relief as the judge considers appropriate.
“(3) Releasable portion of investigative report.—For purposes of paragraph (1), the releasable portion of an investigative report is all information in the report, except for the following:
“(A) Information that is privileged.
“(B) Information that constitutes work product or reflects internal deliberative process.
“(C) Information that would disclose the identity of a confidential source.
“(D) Information the disclosure of which is prohibited by any other provision of law.
“(E) Information that is not relevant to the subject matter of the proceeding.
“(F) Information the Administrator can demonstrate is withheld for good cause.
“(G) Sensitive security information, as defined in section 15.5 of title 49, Code of Federal Regulations (or any corresponding similar ruling or regulation).
“(4) Rule of construction.—Nothing in this subsection shall be construed to prevent the Administrator from releasing to an individual subject to an investigation described in subsection (b)(1)—
“(A) information in addition to the information included in the releasable portion of the investigative report; or
“(B) a copy of the investigative report before the Administrator issues a complaint.”
“(1) In general.—The Administrator”
“(2) Notification of reexamination of airman.—Before taking any action to reexamine an airman under paragraph (1) the Administrator shall provide to the airman—
“(A) a reasonable basis, described in detail, for requesting the reexamination; and
“(B) any information gathered by the Federal Aviation Administration, that the Administrator determines is appropriate to provide, such as the scope and nature of the requested reexamination, that formed the basis for that justification.”
“(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;”
“(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
“(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.”
Ҥ 47124a. Accessibility of certain flight data
“(a) Definitions.—In this section:
“(1) Administration.—The term ‘Administration’ means the Federal Aviation Administration.
“(2) Administrator.—The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.
“(3) Applicable individual.—The term ‘applicable individual’ means an individual who is the subject of an investigation initiated by the Administrator related to a covered flight record.
“(4) Contract tower.—The term ‘contract tower’ means an air traffic control tower providing air traffic control services pursuant to a contract with the Administration under section 47124.
“(5) Covered flight record.—The term ‘covered flight record’ means any air traffic data (as defined in section 2(b)(4)(B) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note)), created, maintained, or controlled by any program of the Administration, including any program of the Administration carried out by employees or contractors of the Administration, such as contract towers, flight service stations, and controller training programs.
“(b) Provision of Covered Flight Record to Administration.—
“(1) Requests.—Whenever the Administration receives a written request for a covered flight record from an applicable individual and the covered flight record is not in the possession of the Administration, the Administrator shall request the covered flight record from the contract tower or other contractor of the Administration in possession of the covered flight record.
“(2) Provision of records.—Any covered flight record created, maintained, or controlled by a contract tower or another contractor of the Administration that maintains covered flight records shall be provided to the Administration if the Administration requests the record pursuant to paragraph (1).
“(3) Notice of proposed certificate action.—If the Administrator has issued, or subsequently issues, a Notice of Proposed Certificate Action relying on evidence contained in the covered flight record and the individual who is the subject of an investigation has requested the record, the Administrator shall promptly produce the record and extend the time the individual has to respond to the Notice of Proposed Certificate Action until the covered flight record is provided.
“(c) Implementation.—
“(1) In general.—Not later than 180 days after the date of enactment of the Fairness for Pilots Act, the Administrator shall promulgate regulations or guidance to ensure compliance with this section.
“(2) Compliance by contractors.—
“(A) In general.—Compliance with this section by a contract tower or other contractor of the Administration that maintains covered flight records shall be included as a material term in any contract between the Administration and the contract tower or contractor entered into or renewed on or after the date of enactment of the Fairness for Pilots Act.
“(B) Nonapplicability.—Subparagraph (A) shall not apply to any contract or agreement in effect on the date of enactment of the Fairness for Pilots Act unless the contract or agreement is renegotiated, renewed, or modified after that date.
“(d) Protection of Certain Data.—The Administrator of the Federal Aviation Administration may withhold information that would otherwise be required to be made available under section only if—
“(1) the Administrator determines, based on information in the possession of the Administrator, that the Administrator may withhold the information in accordance with section 552a of title 5, United States Code; or
“(2) the information is submitted pursuant to a voluntary safety reporting program covered by section 40123 of title 49, United States Code.”
“47124a. Accessibility of certain flight data.”.
“(C) review the exemption at least every 30 days (or, in the case of an exemption that is necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu’a, at least every 180 days) to ensure that the unusual circumstances that established the need for the exemption still exist.”
; and
“(3) Renewal of exemptions.—
“(A) In general.—Except as provided in subparagraph (B), the Secretary may renew an exemption (including renewals) under this subsection for not more than 30 days.
“(B) Exception.—The Secretary may renew an exemption (including renewals) under this subsection that is necessary to provide and sustain air transportation in American Samoa between the islands of Tutuila and Manu’a for not more than 180 days.
“(4) Continuation of exemptions.—An exemption granted by the Secretary under this subsection may continue for not more than 5 days after the unusual circumstances that established the need for the exemption cease.”
Ҥ 41725. Prohibition on certain cell phone voice communications
“(a) Prohibition.—The Secretary of Transportation shall issue regulations—
“(1) to prohibit an individual on an aircraft from engaging in voice communications using a mobile communications device during a flight of that aircraft in scheduled passenger interstate or intrastate air transportation; and
“(2) that exempt from the prohibition described in paragraph (1) any—
“(A) member of the flight crew on duty on an aircraft;
“(B) flight attendant on duty on an aircraft; and
“(C) Federal law enforcement officer acting in an official capacity.
“(b) Definitions.—In this section, the following definitions apply:
“(1) Flight.—The term ‘flight’ means, with respect to an aircraft, the period beginning when the aircraft takes off and ending when the aircraft lands.
“(2) Mobile communications device.—
“(A) In general.—The term ‘mobile communications device’ means any portable wireless telecommunications equipment utilized for the transmission or reception of voice data.
“(B) Limitation.—The term ‘mobile communications device’ does not include a phone installed on an aircraft.”
“41725. Prohibition on certain cell phone voice communications.”.
“(b) Required Disclosures.—An air carrier, foreign air carrier, or ticket agent selling, in the United States, a ticket for a flight in foreign air transportation to a country listed on the internet website established under subsection (a) shall—
“(1) disclose, on its own internet website or through other means, that the destination country may require the air carrier or foreign air carrier to treat an aircraft passenger cabin with insecticides prior to the flight or to apply an aerosol insecticide in an aircraft cabin used for such a flight when the cabin is occupied with passengers; and
“(2) refer the purchaser of the ticket to the internet website established under subsection (a) for additional information.”
“(d) Use of New Technologies.—The Secretary shall periodically evaluate the benefits of using mobile phone applications or other widely used technologies to provide new means for air passengers to communicate complaints in addition to the telephone number established under subsection (a) and shall provide such new means as the Secretary determines appropriate.”
Ҥ 44738. Training on human trafficking for certain staff
“In addition to other training requirements, each air carrier shall provide training to ticket counter agents, gate agents, and other air carrier workers whose jobs require regular interaction with passengers on recognizing and responding to potential human trafficking victims.”
“44738. Training on human trafficking for certain staff.”.
“(d) Electronic Cigarettes.—
“(1) Inclusion.—The use of an electronic cigarette shall be treated as smoking for purposes of this section.
“(2) Electronic cigarette defined.—In this section, the term ‘electronic cigarette’ means a device that delivers nicotine to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.”
Ҥ 41726. Strollers
“(a) In General.—Except as provided in subsection (b), a covered air carrier shall not deny a passenger the ability to check a stroller at the departure gate if the stroller is being used by a passenger to transport a child traveling on the same flight as the passenger.
“(b) Exception.—Subsection (a) shall not apply in instances where the size or weight of the stroller poses a safety or security risk.
“(c) Covered Air Carrier Defined.—In this section, the term ‘covered air carrier’ means an air carrier or a foreign air carrier as those terms are defined in section 40102 of title 49, United States Code.”
“41726. Strollers.”.
Ҥ 44739. Pets on airplanes
“(a) Prohibition.—It shall be unlawful for any person to place a live animal in an overhead storage compartment of an aircraft operated under part 121 of title 14, Code of Federal Regulations.
“(b) Civil Penalty.—The Administrator may impose a civil penalty under section 46301 for each violation of this section.”
“44739. Pets on airplanes.”.
“(e) Air Ambulance Providers.—Each air ambulance provider shall include the hotline telephone number, link to the Internet website established under subsection (a), and contact information for the Aviation Consumer Advocate established under section 425 on—
“(1) any invoice, bill, or other communication provided to a passenger or customer of the provider; and
“(2) its Internet Web site, and any related mobile device application.”
Ҥ 42304. Widespread disruptions
“(a) General Requirements.—In the event of a widespread disruption, a covered air carrier shall immediately publish, via a prominent link on the air carrier’s public internet website, a clear statement indicating whether, with respect to a passenger of the air carrier whose travel is interrupted as a result of the widespread disruption, the air carrier will—
“(1) provide for hotel accommodations;
“(2) arrange for ground transportation;
“(3) provide meal vouchers;
“(4) arrange for air transportation on another air carrier or foreign air carrier to the passenger’s destination; and
“(5) provide for sleeping facilities inside the airport terminal.
“(b) Definitions.—In this section, the following definitions apply:
“(1) Widespread disruption.—The term ‘widespread disruption’ means, with respect to a covered air carrier, the interruption of all or the overwhelming majority of the air carrier’s systemwide flight operations, including flight delays and cancellations, as the result of the failure of 1 or more computer systems or computer networks of the air carrier.
“(2) Covered air carrier.—The term ‘covered air carrier’ means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats.
“(c) Savings Provision.—Nothing in this section may be construed to modify, abridge, or repeal any obligation of an air carrier under section 42301.”
“42304. Widespread disruptions.”.
“(7) Penalties Relating to Harm to Passengers With Disabilities.—
“(A) Penalty for bodily harm or damage to wheelchair or other mobility aid.—The amount of a civil penalty assessed under this section for a violation of section 41705 that involves damage to a passenger’s wheelchair or other mobility aid or injury to a passenger with a disability may be increased above the otherwise applicable maximum amount under this section for a violation of section 41705 to an amount not to exceed 3 times the maximum penalty otherwise allowed.
“(B) Each act constitutes separate offense.—Notwithstanding paragraph (2), a separate violation of section 41705 occurs for each act of discrimination prohibited by that section.”
“(h) Sunset.—
“(1) Proposals.—No proposal under subsection (a) may be accepted by the Secretary after the date of enactment of this subsection.
“(2) Program.—The Secretary may not provide any compensation under this section after the date that is 2 years after the date of enactment of this subsection.”
“(1) Size.—On the date of submission of the relevant application under subsection (b), the airport serving the community or consortium—
“(A) is not larger than a small hub airport, as determined using the Department of Transportation’s most recently published classification; and
“(B) has—
“(i) insufficient air carrier service; or
“(ii) unreasonably high air fares.”
“(4) Overall limit.—
“(A) In general.—No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which funds are appropriated for the program.
“(B) Same projects.—Except as provided in subparagraph (C), no community, consortia of communities, or combination thereof may participate in the program in support of the same project more than once in a 10-year period, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project at any time.
“(C) Exception.—The Secretary may waive the limitation under subparagraph (B) related to projects that are the same if the Secretary determines that the community or consortium spent little or no money on its previous project or encountered industry or environmental challenges, due to circumstances that were reasonably beyond the control of the community or consortium.”
“(E) the assistance will be used to help restore scheduled passenger air service that has been terminated;”
“(2) Authorization of appropriations.—There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2018 through 2023 to carry out this section. Such sums shall remain available until expended.”
“(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.”
“(d) Reduction in Subsidy-per-passenger.—
“(1) In general.—The Secretary shall waive application of the subsidy-per-passenger cap described under subsection (c) if the Secretary finds that the community’s subsidy-per-passenger for a fiscal year is lower than the subsidy-per-passenger for any of the 3 previous fiscal years.
“(2) Exception.—The Secretary shall waive application of the subsidy-per-passenger cap if the subsidy-per-passenger for a fiscal year is less than 10 percent higher than the highest subsidy-per-passenger from any of the 3 previous fiscal years. The Secretary may only waive application of the subsidy-per-passenger cap under this paragraph once per community.
“(3) Rule of construction.—Nothing in this subsection shall be construed to limit the Secretary’s ability under subsection (c) to waive application of the subsidy-per-passenger cap.”
“(4) Input.—The report shall be prepared by the Administrator (or the Administrator’s designee) with the participation of—
“(A) representatives of labor organizations representing air traffic control system employees of the FAA; and
“(B) industry stakeholders.”
“(e) Military Operations Exclusion.—
“(1) In general.—The Administrator may not realign or consolidate a combined TRACON and tower with radar facility of the FAA under this section if, in 2015, the total annual military operations at the facility comprised at least 40 percent of the total annual TRACON operations at the facility.
“(2) TRACON defined.—In this subsection, the term ‘TRACON’ means terminal radar approach control.”
“(g) Data Transparency.—
“(1) Air traffic services initial data report.—
“(A) Initial report.—Not later than 6 months after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator and the Chief Operating Officer of the Air Traffic Organization shall, based upon the most recently available full fiscal year data, complete the following calculations for each segment of air traffic services users:
“(i) The total costs allocable to the use of air traffic services for that segment during such fiscal year.
“(ii) The total revenues received from that segment during such fiscal year.
“(B) Validation of model.—
“(i) Review and determination.—Not later than 3 months after completion of the initial report required under subparagraph (A), the inspector general of the Department of Transportation shall review and determine the validity of the model used by the Administrator and the Chief Operating Officer to complete the calculations required under subparagraph (A).
“(ii) Validation process.—In the event that the inspector general determines that the model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph (A) is not valid—
“(I) the inspector general shall provide the Administrator and Chief Operating Officer recommendations on how to revise the model;
“(II) the Administrator and the Chief Operating Officer shall complete the calculations required by subparagraph (A) utilizing the revised model and resubmit the revised initial report required under subparagraph (A) to the inspector general; and
“(III) not later than 3 months after completion of the revised initial report required under subparagraph (A), the inspector general shall review and determine the validity of the revised model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph (A).
“(iii) Access to data.—The Administrator and the Chief Operating Officer shall provide the inspector general of the Department of Transportation with unfettered access to all data produced by the cost accounting system operated and maintained pursuant to subsection (e).
“(C) Report to congress.—Not later than 60 days after completion of the review and receiving a determination that the model used is valid under subparagraph (B), the Administrator and the Chief Operating Officer shall submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the Senate a report describing the results of the calculations completed under subparagraph (A).
“(D) Publication.—Not later than 60 days after submission of the report required under subparagraph (C), the Administrator and Chief Operating Officer shall publish the initial report, including any revision thereto if required as a result of the validation process for the model.
“(2) Air traffic services biennial data reporting.—
“(A) Biennial data reporting.—Not later than March 31, 2019, and biennially thereafter for 8 years, the Administrator and the Chief Operating Officer shall, using the validated model, complete the following calculations for each segment of air traffic services users for the most recent full fiscal year:
“(i) The total costs allocable to the use of the air traffic services for that segment.
“(ii) The total revenues received from that segment.
“(B) Report to congress.—Not later than 15 days after completing the calculations under subparagraph (A), the Administrator and the Chief Operating Officer shall complete and submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the Senate a report containing the results of such calculations.
“(C) Publication.—Not later than 60 days after completing the calculations pursuant to subparagraph (A), the Administrator and the Chief Operating Officer shall publish the results of such calculations.
“(3) Segments of air traffic services users.—
“(A) In general.—For purposes of this subsection, each of the following shall constitute a separate segment of air traffic services users:
“(i) Passenger air carriers conducting operations under part 121 of title 14, Code of Federal Regulations.
“(ii) All-cargo air carriers conducting operations under part 121 of such title.
“(iii) Operators covered by part 125 of such title.
“(iv) Air carriers and operators of piston-engine aircraft operating under part 135 of such title.
“(v) Air carriers and operators of turbine-engine aircraft operating under part 135 of such title.
“(vi) Foreign air carriers providing passenger air transportation.
“(vii) Foreign air carriers providing all-cargo air transportation.
“(viii) Operators of turbine-engine aircraft operating under part 91 of such title, excluding those operating under subpart (K) of such part.
“(ix) Operators of piston-engine aircraft operating under part 91 of such title, excluding those operating under subpart (K) of such part.
“(x) Operators covered by subpart (K) of part 91 of such title.
“(xi) Operators covered by part 133 of such title.
“(xii) Operators covered by part 136 of such title.
“(xiii) Operators covered by part 137 of such title.
“(xiv) Operators of public aircraft that qualify under section 40125.
“(xv) Operators of aircraft that neither take off from, nor land in, the United States.
“(B) Additional segments.—The Secretary may identify and include additional segments of air traffic users under subparagraph (A) as revenue and air traffic services cost data become available for that additional segment of air traffic services users.
“(4) Definitions.—For purposes of this subsection:
“(A) Air traffic services.—The term ‘air traffic services’ means services—
“(i) used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information; and
“(ii) provided directly, or contracted for, by the Federal Aviation Administration.
“(B) Air traffic services user.—The term ‘air traffic services user’ means any individual or entity using air traffic services provided directly, or contracted for, by the Federal Aviation Administration within United States airspace or international airspace delegated to the United States.”
“(a) Civil Aeromedical Institute.—The Civil Aeromedical Institute”
; and
“(b) William J. Hughes Technical Center.—The Secretary of Transportation shall define the roles and responsibilities of the William J. Hughes Technical Center in a manner that is consistent with the defined roles and responsibilities of the Civil Aeromedical Institute under subsection (a).”
“44507. Regions and centers.”.
“41718. Special rules for Ronald Reagan Washington National Airport.”.
“(vi) the impact on launch and reentry for launch and reentry vehicles arriving or departing from a launch site or reentry site licensed by the Secretary of Transportation; and”
“46503. Repealed.”.
“(5) Annual report on the purchase of foreign manufactured articles.—
“(A) Report.—
(i) Not later than 90 days after the end of the fiscal year, the Secretary of Transportation shall submit a report to Congress on the dollar amount of acquisitions subject to the Buy American Act made by the agency from entities that manufacture the articles, materials, or supplies outside of the United States in such fiscal year.
“(ii) The report required by clause (i) shall only include acquisitions with total value exceeding the micro-purchase level.
“(B) Contents.—The report required by subparagraph (A) shall separately indicate—
“(i) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States; and
“(ii) a summary of the total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of the United States.
“(C) Availability of report.—The Secretary shall make the report under subparagraph (A) publicly available on the agency’s website not later than 30 days after submission to Congress.”
“(s) Chief Technology Officer.—
“(1) In general.—
“(A) Appointment.—There shall be a Chief Technology Officer appointed by the Chief Operating Officer. The Chief Technology Officer shall report directly to the Chief Operating Officer.
“(B) Minimum qualifications.—The Chief Technology Officer shall have—
“(i) at least 10 years experience in engineering management or another relevant technical management field; and
“(ii) knowledge of or experience in the aviation industry.
“(C) Removal.—The Chief Technology Officer shall serve at the pleasure of the Administrator.
“(D) Restriction.—The Chief Technology Officer may not also be the Deputy Administrator.
“(2) Responsibilities.—The responsibilities of the Chief Technology Officer shall include—
“(A) ensuring the proper operation, maintenance, and cybersecurity of technology systems relating to the air traffic control system across all program offices of the Administration;
“(B) coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aerospace industry and other Federal agencies;
“(C) reviewing and providing advice to the Secretary, the Administrator, and the Chief Operating Officer on the Administration’s budget, cost-accounting system, and benefit-cost analyses with respect to technology programs relating to the air traffic control system;
“(D) consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress;
“(E) developing an annual air traffic control system technology operation and maintenance plan that is consistent with the annual performance targets established under paragraph (4); and
“(F) ensuring that the air traffic control system architecture remains, to the maximum extent practicable, flexible enough to incorporate future technological advances developed and directly procured by aircraft operators.
“(3) Compensation.—
“(A) In general.—The Chief Technology Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, in consultation with the Chief Operating Officer. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that title.
“(B) Bonus.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Technology Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Technology Officer’s performance in relation to the performance targets established under paragraph (4).
“(4) Annual performance targets.—
“(A) In general.—The Administrator and the Chief Operating Officer, in consultation with the Chief Technology Officer, shall establish measurable annual performance targets for the Chief Technology Officer in key operational areas.
“(B) Report.—The Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the annual performance targets established under subparagraph (A).
“(5) Annual performance report.—The Chief Technology Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual report containing—
“(A) detailed descriptions and metrics of how successful the Chief Technology Officer was in meeting the annual performance targets established under paragraph (4); and
“(B) other information as may be requested by the Administrator and the Chief Operating Officer.”
Ҥ 45306. Manual surcharge
“(a) In General.—Not later 3 years after the date of enactment of the FAA Reauthorization Act of 2018, the Administrator shall impose and collect a surcharge on a Civil Aviation Registry transaction that—
“(1) is conducted in person at the Civil Aviation Registry;
“(2) could be conducted, as determined by the Administrator, with the same or greater level of efficiency by electronic or other remote means; and
“(3) is not related to research or other non-commercial activities.
“(b) Maximum Surcharge.—A surcharge imposed and collected under subsection (a) shall not exceed twice the maximum fee the Administrator is authorized to charge for the registration of an aircraft, not used to provide air transportation, after the transfer of ownership under section 45302(b)(2).
“(c) Credit to Account and Availability.—Monies collected from a surcharge imposed under subsection (a) shall be treated as monies collected under section 45302 and subject to the terms and conditions set forth in section 45302(d).”
“(8)
(A) An individual who is seeking employment by an air carrier as a pilot may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the prospective employer of the individual, the authorized agent of the prospective employer, or the Secretary of Transportation.
“(B) An air carrier that is the prospective employer of an individual described in subparagraph (A), or an authorized agent of such an air carrier, may request and receive information about that individual from the National Driver Register through an organization approved by the Secretary for purposes of requesting, receiving, and transmitting such information directly to the prospective employer of such an individual or the authorized agent of the prospective employer. This paragraph shall be carried out in accordance with paragraphs (2) and (11) of section 44703(h) and the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
“(C) Information may not be obtained from the National Driver Register under this paragraph if the information was entered in the Register more than 5 years before the request unless the information is about a revocation or suspension still in effect on the date of the request.”
“SEC. 2110. TOWER MARKING.
“(a) Application.—
“(1) In general.—Except as provided by paragraph (2), not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2018 or the date of availability of the database developed by the Administrator pursuant to subsection (c), whichever is later, all covered towers shall be either—
“(A) clearly marked consistent with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL); or
“(B) included in the database described in subsection (c).
“(2) Meteorological evaluation tower.—A covered tower that is a meteorological evaluation tower shall be subject to the requirements of subparagraphs (A) and (B) of paragraph (1).
“(b) Definitions.—
“(1) In general.—In this section, the following definitions apply:
“(A) Covered tower.—
“(i) In general.—The term ‘covered tower’ means a structure that—
“(I) is a meteorological evaluation tower, a self-standing tower, or tower supported by guy wires and ground anchors;
“(II) is 10 feet or less in diameter at the above-ground base, excluding concrete footing;
“(III) at the highest point of the structure is at least 50 feet above ground level;
“(IV) at the highest point of the structure is not more than 200 feet above ground level;
“(V) has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted; and
“(VI) is located on land that is—
“(aa) in a rural area; and
“(bb) used for agricultural purposes or immediately adjacent to such land.
“(ii) Exclusions.—The term ‘covered tower’ does not include any structure that—
“(I) is adjacent to a house, barn, electric utility station, or other building;
“(II) is within the curtilage of a farmstead or adjacent to another building or visible structure;
“(III) supports electric utility transmission or distribution lines;
“(IV) is a wind-powered electrical generator with a rotor blade radius that exceeds 6 feet;
“(V) is a street light erected or maintained by a Federal, State, local, or tribal entity;
“(VI) is designed and constructed to resemble a tree or visible structure other than a tower;
“(VII) is an advertising billboard;
“(VIII) is located within the right-of-way of a rail carrier, including within the boundaries of a rail yard, and is used for a railroad purpose;
“(IX)
(aa) is registered with the Federal Communications Commission under the Antenna Structure Registration program set forth under part 17 of title 47, Code of Federal Regulations; and
“(bb) is determined by the Administrator to pose no hazard to air navigation; or
“(X) has already mitigated any hazard to aviation safety in accordance with Federal Aviation Administration guidance or as otherwise approved by the Administrator.
“(B) Rural area.—The term ‘rural area’ has the meaning given the term in section 609(a)(5) of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)(5)).
“(C) Agricultural purposes.—The term ‘agricultural purposes’ means farming in all its branches and the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities performed by a farmer or on a farm, or on pasture land or rangeland.
“(2) Other definitions.—The Administrator shall define such other terms as may be necessary to carry out this section.
“(c) Database.—The Administrator shall—
“(1) develop a new database, or if appropriate use an existing database that meets the requirements under this section, that contains the location and height of each covered tower that, pursuant to subsection (a), the owner or operator of such tower elects not to mark (unless the Administrator has determined that there is a significant safety risk requiring that the tower be marked), except that meteorological evaluation towers shall be marked and contained in the database;
“(2) keep the database current to the extent practicable;
“(3) ensure that any proprietary information in the database is protected from disclosure in accordance with law;
“(4) ensure that, by virtue of accessing the database, users agree and acknowledge that information in the database—
“(A) may only be used for aviation safety purposes; and
“(B) may not be disclosed for purposes other than aviation safety, regardless of whether or not the information is marked or labeled as proprietary or with a similar designation;
“(5) ensure that the tower information in the database is de-identified and that the information only includes the location and height of covered towers and whether the tower has guy wires;
“(6) ensure that information in the dataset is encrypted at rest and in transit and is protected from unauthorized access and acquisition;
“(7) ensure that towers excluded from the definition of covered tower under subsection (d)(1)(B)(ii)(VIII) must be registered by its owner in the database;
“(8) ensure that a tower to be included in the database pursuant to subsection (c)(1) and constructed after the date on which the database is fully operational is submitted by its owner to the FAA for inclusion in the database before its construction;
“(9) ensure that pilots who intend to conduct low-altitude operations in locations described in subsection (b)(1)(A)(i)(VI) consult the relevant parts of the database before conducting such operations; and
“(10) make the database available for use not later than 1 year after the date of enactment of the FAA Reauthorization Act of 2018.
“(d) Exclusion and Waiver Authorities.—As part of a rulemaking conducted pursuant to this section, the Administrator—
“(1) may exclude a class, category, or type of tower that is determined by the Administrator, after public notice and comment, to not pose a hazard to aviation safety;
“(2) shall establish a process to waive specific covered towers from the marking requirements under this section as required under the rulemaking if the Administrator later determines such tower or towers do not pose a hazard to aviation safety;
“(3) shall consider, in establishing exclusions and granting waivers under this subsection, factors that may sufficiently mitigate risks to aviation safety, such as the length of time the tower has been in existence or alternative marking methods or technologies that maintains a tower’s level of conspicuousness to a degree which adequately maintains the safety of the airspace; and
“(4) shall consider excluding towers located in a State that has enacted tower marking requirements according to the Federal Aviation Administration’s recommended guidance for the voluntary marking of meteorological evaluation towers erected in remote and rural areas that are less than 200 feet above ground level to enhance the conspicuity of the towers for low level agricultural operations in the vicinity of those towers.
“(e) Periodic Review.—The Administrator shall, in consultation with the Federal Communications Commission, periodically review any regulations or guidance regarding the marking of covered towers issued pursuant to this section and update them as necessary, consistent with this section, and in the interest of safety of low-altitude aircraft operations.
“(f) FCC Regulations.—The Federal Communications Commission shall amend section 17.7 of title 47, Code of Federal Regulations, to require a notification to the Federal Aviation Administration for any construction or alteration of an antenna structure, as defined in section 17.2(a) of title 47, Code of Federal Regulations, that is a covered tower as defined by this section.”
“CHAPTER 515— OFFICE OF SPACEPORTS
Ҥ 51501. Establishment of Office of Spaceports
“(a) Establishment of Office.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall identify, within the Office of Commercial Space Transportation, a centralized policy office to be known as the Office of Spaceports.
“(b) Functions.—The Office of Spaceports shall—
“(1) support licensing activities for operation of launch and reentry sites;
“(2) develop policies that promote infrastructure improvements at spaceports;
“(3) provide technical assistance and guidance to spaceports;
“(4) promote United States spaceports within the Department; and
“(5) strengthen the Nation’s competitiveness in commercial space transportation infrastructure and increase resilience for the Federal Government and commercial customers.
“(c) Recognition.—In carrying out the functions assigned in subsection (b), the Secretary shall recognize the unique needs and distinctions of spaceports that host—
“(1) launches to or reentries from orbit; and
“(2) are involved in suborbital launch activities.
“(d) Director.—The head of the Office of the Associate Administrator for Commercial Space Transportation shall designate a Director of the Office of Spaceports.
“(e) Definition.—In this section the term ‘spaceport’ means a launch or reentry site that is operated by an entity licensed by the Secretary of Transportation.”
“515. Office of Spaceports 51501”.
“(21) ‘space support vehicle flight’ means a flight in the air that—
“(A) is not a launch or reentry; but
“(B) is conducted by a space support vehicle.
“(22) ‘space support vehicle’ means a vehicle that is—
“(A) a launch vehicle;
“(B) a reentry vehicle; or
“(C) a component of a launch or reentry vehicle.”
Ҥ 44737. Special rule for certain aircraft operations.
“(a) In General.—The operator of an aircraft with a special airworthiness certification in the experimental category may—
“(1) operate the aircraft for the purpose of conducting a space support vehicle flight (as that term is defined in chapter 50902 of title 51); and
“(2) conduct such flight under such certificate carrying persons or property for compensation or hire—
“(A) notwithstanding any rule or term of a certificate issued by the Administrator of the Federal Aviation Administration that would prohibit flight for compensation or hire; or
“(B) without obtaining a certificate issued by the Administrator to conduct air carrier or commercial operations.
“(b) Limited Applicability.—Subsection (a) shall apply only to a space support vehicle flight that satisfies each of the following:
“(1) (1) The aircraft conducting the space support vehicle flight—
“(A) takes flight and lands at a single site that is operated by an entity licensed for operation under chapter 509 of title 51;
“(B) is owned or operated by a launch or reentry vehicle operator licensed under chapter 509 of title 51, or on behalf of a launch or reentry vehicle operator licensed under chapter 509 of title 51;
“(C) is a launch vehicle, a reentry vehicle, or a component of a launch or reentry vehicle licensed for operations pursuant to chapter 509 of title 51; and
“(D) is used only to simulate space flight conditions in support of—
“(i) training for potential space flight participants, government astronauts, or crew (as those terms are defined in chapter 509 of title 51);
“(ii) the testing of hardware to be used in space flight; or
“(iii) research and development tasks, which require the unique capabilities of the aircraft conducting the flight.
“(c) Rules of Construction.—
“(1) Space support vehicles.—Section 44711(a)(1) shall not apply to a person conducting a space support vehicle flight under this section only to the extent that a term of the experimental certificate under which the person is operating the space support vehicle prohibits the carriage of persons or property for compensation or hire.
“(2) Authority of administrator.—Nothing in this section shall be construed to limit the authority of the Administrator of the Federal Aviation Administration to exempt a person from a regulatory prohibition on the carriage of persons or property for compensation or hire subject to terms and conditions other than those described in this section”
“Sec. 44737. Special rule for certain aircraft operations.”.
“(b) Liability Protection for Pilots That Fly for Public Benefit.—Except as provided in subsections (c) and (e), no volunteer of a volunteer pilot nonprofit organization that arranges flights for public benefit shall be liable for harm caused by an act or omission of the volunteer on behalf of the organization if, at the time of the act or omission, the volunteer—
“(1) was operating an aircraft in furtherance of the purpose of, and acting within the scope of the volunteer’s responsibilities on behalf of, the nonprofit organization to provide patient and medical transport (including medical transport for veterans), disaster relief, humanitarian assistance, or other similar charitable missions;
“(2) was properly licensed and insured for the operation of the aircraft;
“(3) was in compliance with all requirements of the Federal Aviation Administration for recent flight experience; and
“(4) did not cause the harm through willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer.”
; and
“(10) $189,000,000 for fiscal year 2018;
“(11) $194,000,000 for fiscal year 2019;
“(12) $199,000,000 for fiscal year 2020;
“(13) $204,000,000 for fiscal year 2021;
“(14) $209,000,000 for fiscal year 2022; and
“(15) $214,000,000 for fiscal year 2023.”
“(2) As safety related activities shall be the highest research priority, at least 70 percent of the amount appropriated under subsection (a) of this section shall be for safety research and development projects.”
“(g) Annual Submission of the National Aviation Research Plan.—The Administrator shall submit the national aviation research plan to Congress no later than the date of submission of the President’s budget request to Congress for that fiscal year, as required under section 44501(c).”
“(A) provide advice and recommendations to the Administrator of the Federal Aviation Administration and Congress about needs, objectives, plans, approaches, content, and accomplishments of all aviation research and development activities and programs carried out, including those under sections 40119, 44504, 44505, 44507, 44511–44513, and 44912 of this title;”
“(f) Written Reply.—
“(1) In general.—Not later than 60 days after receiving any recommendation from the research advisory committee, the Administrator shall provide a written reply to the research advisory committee that, at a minimum—
“(A) clearly states whether the Administrator accepts or rejects the recommendation;
“(B) explains the rationale for the Administrator’s decision;
“(C) sets forth the timeframe in which the Administrator will implement the recommendation; and
“(D) describes the steps the Administrator will take to implement the recommendation.
“(2) Transparency.—The written reply to the research advisory committee, when transmitted to the research advisory committee, shall be—
“(A) made publicly available on the research advisory committee website; and
“(B) transmitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
“(3) National aviation research plan.—The national aviation research plan required under section 44501(c) shall include a summary of all research advisory committee recommendations and a description of the status of their implementation.”
Ҥ 47511. CLEEN engine and airframe technology partnership
“(a) In General.—The Administrator of the Federal Aviation Administration shall enter into a cost-sharing cooperative agreement, using a competitive process, with institutions, entities, or consortiums to carry out a program for the development, maturation, and testing of certifiable CLEEN aircraft, engine technologies, and jet fuels for civil subsonic airplanes.
“(b) CLEEN Engine and Airframe Technology Defined.—In this section, the term ‘CLEEN aircraft and engine technology’ means continuous lower energy, emissions, and noise aircraft and engine technology.
“(c) Performance Objective.—The Administrator shall establish the performance objectives for the program in terms of the specific objectives to reduce fuel burn, emissions and noise.”
“47511. CLEEN engine and airframe technology partnership.”.
Ҥ 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.”
“44518. Advanced Materials Center of Excellence.”.