H.R. 4 — what changed

changed “(1) $2,920,000,000 $3,330,000,000 for fiscal year 2018.

changed “(2) $2,984,000,000 $3,398,000,000 for fiscal year 2019.

changed “(3) $3,049,000,000 $3,469,000,000 for fiscal year 2020.

changed “(4) $3,118,000,000 $3,547,000,000 for fiscal year 2021.

changed “(5) $3,190,000,000 $3,624,000,000 for fiscal year 2022.

changed “(6) $3,263,000,000 $3,701,000,000 for fiscal year 2023.”

added “(1) The implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated.

added “(2) The acquisition and construction of remote air traffic control towers (as defined in section 510 of the FAA Reauthorization Act of 2018).

added “(3) The remediation and elimination of identified cybersecurity vulnerabilities in the air traffic control system.

added “(4) The construction of facilities dedicated to improving the cybersecurity of the National Airspace System.

added “(5) Systems associated with the Data Communications program.

added “(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.

added “(7) The modernization and digitization of the Civil Aviation Registry.

added “(8) The construction of necessary Priority 1 National Airspace System facilities.

added “(9) Cost-beneficial construction, rehabilitation, or retrofitting programs designed to reduce Federal Aviation Administration facility operating costs.”

changed “(A) $10,231,000,000 $10,247,000,000 for fiscal year 2018;

changed “(B) $10,434,000,000 $10,486,000,000 for fiscal year 2019;

changed “(C) $10,639,000,000 $10,732,000,000 for fiscal year 2020;

changed “(D) $10,861,000,000 $11,000,000,000 for fiscal year 2021;

changed “(E) $11,095,000,000 $11,269,000,000 for fiscal year 2022; and

changed “(F) $11,329,000,000 $11,537,000,000 for fiscal year 2023.”

added “(D) Not more than the following amounts for commercial space transportation activities:

added “(i) $22,587,000 for fiscal year 2018.

added “(ii) $33,038,000 for fiscal year 2019.

added “(iii) $43,500,000 for fiscal year 2020.

added “(iv) $54,970,000 for fiscal year 2021.

added “(v) $64,449,000 for fiscal year 2022.

added “(vi) $75,938,000 for fiscal year 2023.”

“(29) “lactation area” means a room or other location in a commercial service airport that—

“(A) provides a location for members of the public to express breast milk that is shielded from view and free from intrusion from the public;

“(B) has a door that can be locked;

changed “(C) includes a place to sit, a table or other flat surface, a sink or sanitizing equipment, and an electrical outlet;

“(D) is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and

“(E) is not located in a restroom.”

changed “(22) with respect to a medium or large hub airport, the airport owner or operator will maintain a lactation area in each passenger terminal building of the airport in the sterile area (as defined in section 1540.5 of title 49, Code of Federal Regulations) of the building.”building and will maintain a baby changing table in one men’s and one women’s restroom in each passenger terminal building of the airport.”

“(3) Lactation areas—In addition to the projects described in paragraph (1), the Secretary may approve a project for terminal development for the construction or installation of a lactation area at a commercial service airport.”

“(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)”

removed “(E) Funding—Amounts appropriated pursuant to section 106(k)(1) may be used to carry out this paragraph.”

“(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 program established under subsection (b)(3), 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 program established under subsection (a) and continued under subsection (b)(1), 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 non-contract tower related personnel and equipment, even if the personnel or equipment are 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 program established under subsection (b)(3), 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).”

removed Section 44704 of title 49, United States Code, is amended by adding at the end the following:

removed “(f) Funding for additional safety needs

removed “(1) Acceptance of applicant-provided funds—Notwithstanding any other provision of law, the Administrator may accept funds from an applicant for a certificate under this section to hire additional staff or obtain the services of consultants and experts to facilitate the timely processing, review, and issuance of certificates under this section.

removed “(2) Rules of construction

removed “(A) In general—Nothing in this section may be construed as permitting the Administrator to grant priority or afford any preference to an applicant providing funds under paragraph (1).

removed “(B) Policies and procedures—The Administrator shall implement such policies and procedures as may be required to ensure that the acceptance of funds under paragraph (1) does not prejudice the Administrator in the issuance of any certificate to an applicant.

removed “(3) Receipts credited as offsetting collections—Notwithstanding section 3302 of title 31, any funds accepted under this subsection—

removed “(A) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;

removed “(B) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and

removed “(C) shall remain available until expended.”

added Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conduct a human intervention motivation study (HIMS) program for flight crewmembers employed by commercial air carriers operating in United States airspace.

removed “50924. Funding to facilitate FAA licensing

removed “(a) In general—Notwithstanding any other provision of law, the Secretary of Transportation may accept funds from a person applying for a license or permit under this chapter to hire additional staff or obtain the services of consultants and experts—

removed “(1) to facilitate the timely processing, review, and issuance of licenses or permits issued under this chapter;

removed “(2) to conduct environmental activities, studies, or reviews associated with such licenses or permits; or

removed “(3) to conduct additional activities associated with or necessitated by such licenses or permits, including pre-application consultation, hazard area determination, or on-site inspection.

removed “(b) Rules of construction

removed “(1) In general—Nothing in this section may be construed as permitting the Secretary to grant priority or afford any preference to an applicant providing funds under subsection (a).

removed “(2) Policies and procedures—The Secretary shall implement such policies and procedures as may be required to ensure that the acceptance of funds under subsection (a) does not prejudice the Secretary in the issuance of any license or permit to an applicant.

removed “(c) Receipts credited as offsetting collections—Notwithstanding section 3302 of title 31, any funds accepted under this section—

removed “(1) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;

removed “(2) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and

removed “(3) shall remain available until expended.”

removed Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall conduct a human intervention motivation study (HIMS) program for flight crewmembers employed by commercial air carriers operating in United States airspace.

added Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order requiring the installation of a secondary cockpit barrier on each aircraft that is manufactured for delivery to a passenger air carrier in the United States operating under the provisions of part 121 of title 14, Code of Federal Regulations.

changed Not later than 1 year 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue an order requiring the installation of a secondary cockpit barrier on each aircraft that is manufactured request for delivery to proposal for a passenger air carrier in the United States operating under the provisions of part 121 of title 14, Code of Federal Regulations.study that includes—

added Section 106(p)(5) of title 49, United States Code, is amended by inserting “or aerospace” after “aviation”.

removed Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a request for proposal for a study that includes—

removed Section 106(p)(5) of title 49, United States Code, is amended by inserting “or aerospace” after “aviation”.

“455 Unmanned Aircraft Systems

“45501. Definitions

“In this chapter, the following definitions apply:

“(1) Aerial data collection—The term “aerial data collection” means the gathering of data by a device aboard an unmanned aircraft during flight, including imagery, sensing, and measurement by such device.

“(2) Arctic—The term “Arctic” means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.

“(3) 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.

“(4) CNS—The term “CNS” means a communication, navigation, or surveillance system or service.

“(5) Model Aircraft—the term “model aircraft” means an unmanned aircraft that is—

“(A) capable of sustained flight in the atmosphere;

“(B) flown within visual line of sight of the person operating the aircraft; and

“(C) flown for hobby or recreational purposes.

“(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 (as defined in section 40102(a)).

“(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.

“(9) Small unmanned aircraft—The term “small unmanned aircraft” means an unmanned aircraft weighing less than 55 pounds, including everything that is on board or otherwise attached to the aircraft.

“(10) 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.

“(11) 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 pilot in command to operate safely and efficiently in the national airspace system.

“(12) UTM—The term “UTM” means an unmanned aircraft traffic management system or service.

“45502. 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 45508;

“(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.

“(c) Expanding Use of Unmanned Aircraft Systems in Arctic

“(1) In general—Not later than August 12, 2012, the Secretary 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. The plan for operations in these permanent areas shall include the development of processes to facilitate the safe operation of unmanned aircraft beyond line of sight. Such areas 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.

“(2) Agreements—To implement the plan under paragraph (1), the Secretary may enter into an agreement with relevant national and international communities.

“(3) Aircraft approval—Not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this subsection, the Secretary shall work with relevant national and international communities to establish and implement a process, or may apply an applicable process already established, for approving the use of unmanned aircraft in the designated permanent areas in the Arctic without regard to whether an unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.

“45503. Risk-based permitting of unmanned aircraft systems

“(a) In general—Not later than 120 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish procedures for issuing permits under this section with respect to certain unmanned aircraft systems and operations thereof.

“(b) Permitting standards—Upon the submission of an application in accordance with subsection (d), the Administrator shall issue a permit with respect to the proposed operation of an unmanned aircraft system if the Administrator determines that the unmanned aircraft system and the proposed operation achieve a level of safety that is equivalent to—

“(1) other unmanned aircraft systems and operations permitted under regulation, exemption, or other authority granted by the Administrator; or

“(2) any other aircraft operation approved by the Administrator with similar risk characteristics or profiles.

“(c) Safety criteria for consideration—In determining whether a proposed operation meets the standards described in subsection (b), the Administrator shall consider the following safety criteria:

“(1) The kinetic energy of the unmanned aircraft system.

“(2) The location of the proposed operation, including the proximity to—

“(A) structures;

“(B) congested areas;

“(C) special-use airspace; and

“(D) persons on the ground.

“(3) The nature of the operation, including any proposed risk mitigation.

“(4) Any known hazard of the proposed operation and the severity and likelihood of such hazard.

“(5) Any known failure modes of the unmanned aircraft system, failure mode effects and criticality, and any mitigating features or capabilities.

“(6) The operational history of relevant technologies, if available.

“(7) Any history of civil penalties or certificate actions by the Administrator against the applicant seeking the permit.

“(8) Any other safety criteria the Administrator considers appropriate.

“(d) Application—An application under this section shall include evidence that the unmanned aircraft system and the proposed operation thereof meet the standards described in subsection (b) based on the criteria described in subsection (c).

“(e) Scope of permit—A permit issued under this section shall—

“(1) be valid for 5 years;

“(2) constitute approval of both the airworthiness of the unmanned aircraft system and the proposed operation of such system;

“(3) be renewable for additional 5-year periods; and

“(4) contain any terms necessary to ensure aviation safety.

“(f) Notice—Not later than 120 days after the Administrator receives a complete application under subsection (d), the Administrator shall provide the applicant written notice of a decision to approve or disapprove of the application or to request a modification of the application that is necessary for approval of the application.

“(g) Permitting process—The Administrator shall issue a permit under this section without regard to subsections (b) through (d) of section 553 of title 5 and chapter 35 of title 44 if the Administrator determines that the operation permitted will not occur near a congested area.

“(h) Exemption from certain requirements—To the extent consistent with aviation safety, the Administrator may exempt applicants under this section from paragraphs (1) through (3) of section 44711(a).

“(i) Withdrawal—The Administrator may, at any time, modify or withdraw a permit issued under this section.

“(j) Applicability—This section shall not apply to small unmanned aircraft systems and operations authorized by the final rule on small unmanned aircraft systems issued pursuant to section 45502(b)(1).

“(k) Expedited review—The Administrator shall review and act upon applications under this section on an expedited basis for unmanned aircraft systems and operations thereof to be used primarily in, or primarily in direct support of, emergency preparedness, emergency response, or disaster recovery efforts, including efforts in connection with natural disasters and severe weather events.

“45504. Public unmanned aircraft systems

“(a) Guidance—Not later than November 10, 2012, the Secretary of Transportation shall issue guidance regarding the operation of public unmanned aircraft systems to—

“(1) expedite the issuance of a certificate of authorization process;

“(2) provide for a collaborative process with public agencies to allow for an incremental expansion of access to the national airspace system as technology matures and the necessary safety analysis and data become available, and until standards are completed and technology issues are resolved;

“(3) 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 unmanned aircraft systems; and

“(4) provide guidance on a public entity’s responsibility when operating an unmanned aircraft without a civil airworthiness certificate issued by the Administration.

“(b) Standards for Operation and Certification—Not later than December 31, 2015, the Administrator shall develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system.

“(c) Agreements With Government Agencies

“(1) In general—Not later than May 14, 2012, the Secretary shall enter into agreements with appropriate government agencies to simplify the process for issuing certificates of waiver or authorization with respect to applications seeking authorization to operate public unmanned aircraft systems in the national airspace system.

“(2) Contents—The agreements 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 within 60 business days of 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 unmanned aircraft weighing 4.4 pounds or less, if operated—

“(i) within the line of sight of the operator;

“(ii) less than 400 feet above the ground;

“(iii) during daylight conditions;

“(iv) within Class G airspace; and

“(v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.

“45505. Special rules for certain unmanned aircraft systems

“(a) In General—Notwithstanding any other requirement of this subtitle, and not later than August 12, 2012, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 45502 or the guidance required under section 45504.

“(b) Assessment of Unmanned Aircraft Systems—In making the determination under subsection (a), the Secretary shall determine, at a minimum—

“(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

“(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 is required for the operation of unmanned aircraft systems identified under paragraph (1).

“(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.

“45506. Certification of new air navigation facilities for unmanned aircraft and other aircraft

“(a) In general—Not later than 18 months after the date of enactment of this section, and notwithstanding section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), the Administrator of the Federal Aviation Administration shall initiate a rulemaking to establish procedures for issuing air navigation facility certificates pursuant to section 44702 to operators of—

“(1) UTM for unmanned aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below; and

“(2) low-altitude CNS for aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below.

“(b) Minimum requirements—In issuing a final rule pursuant to subsection (a), the Administrator, at a minimum, shall provide for the following:

“(1) Certification standards—The Administrator shall issue an air navigation facility certificate under the final rule if the Administrator determines that a UTM or low-altitude CNS facilitates or improves the safety of unmanned aircraft or other aircraft operations that occur primarily or exclusively in airspace 400 feet above ground level and below, including operations conducted under a waiver issued pursuant to subpart D of part 107 of title 14, Code of Federal Regulations.

“(2) Criteria for consideration—In determining whether a UTM or low-altitude CNS meets the standard described in paragraph (1), the Administrator shall, as appropriate, consider—

“(A) protection of persons and property on the ground;

“(B) remote identification of aircraft;

“(C) collision avoidance with respect to obstacles and aircraft;

“(D) deconfliction of aircraft trajectories;

“(E) safe and reliable interoperability or noninterference with air traffic control and other systems operated in the national airspace system;

“(F) detection of noncooperative aircraft;

“(G) geographic and local factors;

“(H) aircraft equipage; and

“(I) qualifications, if any, necessary to operate the UTM or low-altitude CNS.

“(3) Application—An application for an air navigation facility certificate under the final rule shall include evidence that the UTM or low-altitude CNS meets the standard described in paragraph (1) based on the criteria described in paragraph (2).

“(4) Scope of certificate—The Administrator shall ensure that an air navigation facility certificate issued under the final rule—

“(A) constitutes approval of the UTM or low-altitude CNS for the duration of the term of the certificate;

“(B) constitutes authorization to operate the UTM or low-altitude CNS for the duration of the term of the certificate; and

“(C) contains such limitations and conditions as may be necessary to ensure aviation safety.

“(5) Notice—Not later than 120 days after the Administrator receives a complete application under the final rule, the Administrator shall provide the applicant with a written approval, disapproval, or request to modify the application.

“(6) Low risk areas—Under the final rule, the Administrator shall establish expedited procedures for approval of UTM or low-altitude CNS operated in—

“(A) airspace away from congested areas; or

“(B) other airspace above areas in which operations of unmanned aircraft pose very low risk.

“(7) Exemption from certain requirements—To the extent consistent with aviation safety, the Administrator may exempt applicants under the final rule from requirements under sections 44702, 44703, and 44711.

“(8) Certificate modifications and revocations—A certificate issued under the final rule may, at any time, be modified or revoked by the Administrator.

“(c) Consultation—In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate.

“45507. Special rules for certain UTM and low-altitude CNS

“(a) In general—Notwithstanding any other requirement of this chapter, and not later than 120 days after the date of enactment of this section, the Secretary of Transportation shall determine if certain UTM and low-altitude CNS may operate safely in the national airspace system before completion of the rulemaking required by section 45506.

“(b) Assessment of UTM and low-Altitude CNS—In making the determination under subsection (a), the Secretary shall determine, at a minimum, which types of UTM and low-altitude CNS, if any, as a result of their operational capabilities, reliability, intended use, and areas of operation, and the characteristics of the aircraft involved, do not create a hazard to users of the national airspace system or the public.

“(c) Requirements for safe operation—If the Secretary determines that certain UTM and low-altitude CNS may operate safely in the national airspace system, the Secretary shall establish requirements for their safe operation in the national airspace system.

“(d) Expedited procedures—The Secretary shall provide expedited procedures for reviewing and approving UTM or low-altitude CNS operated to monitor or control aircraft operated primarily or exclusively in airspace above—

“(1) croplands;

“(2) areas other than congested areas; and

“(3) other areas in which the operation of unmanned aircraft poses very low risk.

“(e) Consultation—In carrying out this section, the Administrator shall consult with other Federal agencies, as appropriate.

“45508. Operation of small unmanned aircraft

“(a) Exemption and certificate of waiver or authorization for certain operations—Not later than 270 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a procedure for granting an exemption and issuing a certificate of waiver or authorization for the operation of a small unmanned aircraft system in United States airspace for the purposes described in section 45501(1).

“(b) Operation of exemption and certificate of waiver or authorization

“(1) Exemption—An exemption granted under this section shall—

“(A) exempt the operator of a small unmanned aircraft from the provisions of title 14, Code of Federal Regulations, that are exempted in Exemption No. 11687, issued on May 26, 2015, Regulatory Docket Number FAA–2015–0117, or in a subsequent exemption; and

“(B) contain conditions and limitations described in paragraphs 3 through 31 of such Exemption No. 11687, or conditions and limitations of a subsequent exemption.

“(2) Certificate of waiver or authorization—A certificate of waiver or authorization issued under this section shall allow the operation of small unmanned aircraft according to—

“(A) the standard provisions and air traffic control special provisions of the certificate of waiver or authorization FAA Form 7711–1 (7–74); or

“(B) the standard and special provisions of a subsequent certificate of waiver or authorization.

“(c) Notice to Administrator—Before operating a small unmanned aircraft pursuant to a certificate of waiver or authorization granted under this section, the operator shall provide written notice to the Administrator, in a form and manner specified by the Administrator, that contains such information and assurances as the Administrator determines necessary in the interest of aviation safety and the efficiency of the national airspace system, including a certification that the operator has read, understands, and will comply with all terms, conditions, and limitations of the certificate of waiver or authorization.

“(d) Waiver of airworthiness certificate—Notwithstanding section 44711(a)(1), the holder of a certificate of waiver or authorization granted under this section may operate a small unmanned aircraft under the terms, conditions, and limitations of such certificate without an airworthiness certificate.

“(e) Procedure—The granting of an exemption or the issuance of a certificate of waiver or authorization, or any other action authorized by this section, shall be made without regard to—

“(1) section 553 of title 5; or

“(2) chapter 35 of title 44.

“(f) Statutory construction—Nothing in this section may be construed to—

“(1) affect the issuance of a rule by or any other activity of the Secretary of Transportation or the Administrator under any other provision of law; or

“(2) invalidate an exemption or certificate of waiver or authorization issued by the Administrator before the date of enactment of this section.

“(g) Effective periods—An exemption or certificate of waiver or authorization issued under this section, or an amendment of such exemption or certificate, shall cease to be valid on the effective date of a final rule on small unmanned aircraft systems issued under section 45502(b)(1).

changed “45509. Special rules Exception for model limited recreational operations of unmanned aircraft

changed “(a) In General—Notwithstanding any other provision of law relating to the incorporation 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 systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of without specific certification or operating authority from the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft or an aircraft being developed as a model aircraft (other than if the registration of certain model aircraft pursuant operation adheres to section 44103), if—all of the following limitations:

changed “(1) the The aircraft is flown strictly for hobby or recreational use;purposes.

changed “(2) the The aircraft is operated in accordance with a community-based set of safety guidelines and or within the programming of a community-based organization;set of safety guidelines that conform with published Federal Aviation Administration advisory materials.

changed “(3) the The aircraft is limited to not more than 55 pounds unless otherwise certified through flown within the visual line of sight of the person operating the aircraft or a design, construction, inspection, flight test, visual observer co-located and operational safety program administered by a community-based organization;in direct communication with the operator.

changed “(4) the The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft;aircraft.

changed “(5) the aircraft is not operated over In Class B, Class C, or within the property of a fixed site facility that operates amusement rides available for use by the general public Class D airspace or within the property extending 500 lateral feet beyond the perimeter boundaries of such facility unless the operation is authorized by the owner surface area of Class E airspace designated for an airport, the amusement facility; andoperator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.

changed “(6) when flown within 5 miles of an airport, the operator of In Class G airspace, the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying flown from a permanent location within 5 miles of an airport should establish a mutually agreed upon operating procedure with the airport operator surface to not more than 400 feet above ground level and the airport air traffic control tower (when an air traffic facility is located at the airport)).complies with all airspace restrictions and prohibitions.

changed “(b) Commercial operation “(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and administered by the Federal Aviation Administration online for instructional or educational purposes—A flight the operation of an unmanned aircraft shall be treated as a flight of a model aircraft for purposes of subsection (a) (regardless systems and maintains proof of any compensation, reimbursement, or other consideration exchanged or incidental economic benefit gained in test passage to be made available to the course of planning, operating, Administrator or supervising the flight), if the flight is—law enforcement upon request.

changed “(1) conducted for instructional “(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 educational purposes; anda designee of the Administrator or law enforcement upon request.

changed “(2) operated or supervised by a member of a community-based organization recognized pursuant “(b) Other operations—Unmanned aircraft operations that do not conform to the limitations in subsection (e).(a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.

changed “(c) Statutory construction—Nothing in this section may be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.Operations at fixed sites

changed “(d) Community-Based organization defined—In this section, “(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 term “community-based organization” means lateral boundaries of the surface area of Class E airspace designated for an entity that—airport, or a community-based organization conducting a sanctioned event within such airspace, shall establish a mutually agreed upon operating procedure with the air traffic control facility.

changed “(1) is described in section 501(c)(3) of “(2) Unmanned aircraft weighing more than 55 pounds—A person may operate an unmanned aircraft weighing more than 55 pounds, including the Internal Revenue Code weight of 1986;anything attached to or carried by the aircraft, under subsection (a) if—

changed “(2) is exempt from tax under section 501(a) of “(A) the Internal Revenue Code of 1986;unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and

changed “(3) “(B) the mission of which aircraft is demonstrably the furtherance of model aviation;operated from a fixed site as described in paragraph (1).

changed “(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 aeromodeling operations within the national airspace system and the protection and safety of individuals and property on the ground;“(d) Updates

changed “(5) provides programming “(1) In general—The Administrator, in consultation with government and support for any local charter industry stakeholders, including community-based organizations, affiliates, or clubs; andshall initiate a process to periodically update the operational parameters under subsection (a), as appropriate.

changed “(6) provides assistance and support in “(2) Considerations—In updating an operational parameter under paragraph (1), the development and operation of locally designated model aircraft flying sites.Administrator shall consider—

changed “(e) Recognition of community-Based organizations—Not later than 180 days after the date of enactment of this section, the Administrator shall establish, “(A) appropriate operational limitations to mitigate risks to aviation safety and make available national security, including risk to the public, a process for recognizing community-based organizations that meet the eligibility criteria under subsection (d).uninvolved public and critical infrastructure;

added “(B) operations outside the membership, guidelines, and programming of a community-based organization;

added “(C) physical characteristics, technical standards, and classes of aircraft operating under this section;

added “(D) trends in use, enforcement, or incidents involving unmanned aircraft systems;

added “(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and

added “(F) equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the National Airspace System.

added “(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.

added “(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.

added “(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—

added “(1) updates to the operational parameters for unmanned aircraft in subsection (a);

added “(2) the registration and marking of unmanned aircraft;

added “(3) the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and

added “(4) other standards consistent with maintaining the safety and security of the National Airspace System.

added “(g) Aeronautical knowledge and safety test

added “(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 aviation organizations, shall develop an aeronautical knowledge and safety test that can be administered electronically.

added “(2) Requirements—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s—

added “(A) understanding of aeronautical safety knowledge; and

added “(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the National Airspace System.

“45510. Carriage of property for compensation or hire

“(a) In general—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule authorizing the carriage of property by operators of small unmanned aircraft systems for compensation or hire within the United States.

“(b) Contents—The final rule required under subsection (a) shall provide for the following:

“(1) Small UAS air carrier certificate—The Administrator of the Federal Aviation Administration, at the direction of the Secretary, shall establish a small UAS air carrier certificate for persons that undertake directly, or by lease or other arrangement, the operation of small unmanned aircraft systems to carry property in air transportation, including commercial fleet operations with highly automated unmanned aircraft systems. The requirements to obtain a small UAS air carrier certificate shall—

“(A) account for the unique characteristics of highly automated small unmanned aircraft systems; and

“(B) include only those obligations necessary for the safe operation of small unmanned aircraft systems.

“(2) Small UAS air carrier certification process—The Administrator, at the direction of the Secretary, shall establish a process for the issuance of a small UAS air carrier certificate described in paragraph (1) that is streamlined, simple, performance-based, and risk-based. Such certification process shall consider—

“(A) safety and the mitigation of operational risks from highly automated small unmanned aircraft systems to the safety of other aircraft, and persons and property on the ground;

“(B) the safety and reliability of highly automated small unmanned aircraft system design, including technological capabilities and operational limitations to mitigate such risks; and

“(C) the competencies and compliance programs of manufacturers, operators, and companies that both manufacture and operate small unmanned aircraft systems and components.

“(3) Small UAS air carrier classification—The Secretary shall develop a classification system for small unmanned aircraft systems air carriers to establish economic authority for the carriage of property by small unmanned aircraft systems for compensation or hire. Such classification shall only require—

“(A) registration with the Department of Transportation; and

“(B) a valid small UAS air carrier certificate as described in paragraph (1).

“45511. Micro UAS operations

“(a) In general—Not later than 60 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall charter an aviation rulemaking advisory committee to develop recommendations for regulations under which any person may operate a micro unmanned aircraft system, the aircraft component of which weighs 4.4 pounds or less, including payload, without the person operating the system being required to pass any airman certification requirement, including any requirements under section 44703, part 61 of title 14, Code of Federal Regulations, or any other rule or regulation relating to airman certification.

“(b) Considerations—In developing recommendations for the operation of micro unmanned aircraft systems under subsection (a), the members of the aviation rulemaking advisory committee shall consider rules for operation of such systems—

“(1) at an altitude of less than 400 feet above ground level;

“(2) with an airspeed of not greater than 40 knots;

“(3) within the visual line of sight of the operator;

“(4) during the hours between sunrise and sunset;

“(5) by an operator who has passed an aeronautical knowledge and safety test administered by the Federal Aviation Administration online specifically for the operation of micro unmanned aircraft systems, with such test being of a length and difficulty that acknowledges the reduced operational complexity and low risk of micro unmanned aircraft systems;

“(6) not over unprotected persons uninvolved in its operation; and

“(7) at least 5 statute miles from the geographic center of a tower-controlled airport or airport denoted on a current Federal Aviation Administration-published aeronautical chart, except that a micro unmanned aircraft system may be operated closer than 5 statute miles to the airport if the operator—

“(A) provides prior notice to the airport operator; and

“(B) receives, for a tower-controlled airport, prior approval from the air traffic control facility located at the airport.

“(c) Consultation

“(1) In general—In developing recommendations for recommended regulations under subsection (a), the aviation rulemaking advisory committee shall consult with—

“(A) unmanned aircraft systems stakeholders, including manufacturers of micro unmanned aircraft systems;

“(B) community-based aviation organizations;

“(C) the Center of Excellence for Unmanned Aircraft Systems; and

“(D) appropriate Federal agencies.

“(2) FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to an aviation rulemaking advisory committee chartered under this section.

“(d) Rulemaking—Not later than 180 days after the date of receipt of the recommendations under subsection (a), the Administrator shall issue regulations incorporating recommendations of the aviation rulemaking advisory committee that provide for the operation of micro unmanned aircraft systems in the United States—

“(1) without an airman certificate; and

“(2) without an airworthiness certificate for the associated unmanned aircraft.

“(e) Scope of regulations

“(1) In general—In determining whether a person may operate an unmanned aircraft system under 1 or more of the circumstances described under paragraphs (1) through (3) of subsection (b), the Administrator shall use a risk-based approach and consider, at a minimum, the physical and functional characteristics of the unmanned aircraft system.

“(2) Limitation—The Administrator may only issue regulations under this section for unmanned aircraft systems that the Administrator determines may be operated safely in the national airspace system pursuant to those regulations.

“(f) Rules of construction—Nothing in this section may be construed—

“(1) to prohibit a person from operating an unmanned aircraft system under a circumstance described under paragraphs (1) through (3) of subsection (b) if—

“(A) the circumstance is allowed by regulations issued under this section; and

“(B) the person operates the unmanned aircraft system in a manner prescribed by the regulations; or

“(2) to limit or affect in any way the Administrator’s authority to conduct a rulemaking, make a determination, or carry out any activity related to unmanned aircraft or unmanned aircraft systems under any other provision of law.”

It is the sense of Congress that—

added “42305. Airline Passengers With Disabilities Bill of Rights

added “(a) In general—The Secretary of Transportation shall develop a document, to be known as the “Airline Passengers With Disabilities Bill of Rights”, that describes in plain language—

added “(1) the basic responsibilities of covered carriers, including their employees and contractors, under section 41705; and

added “(2) the protections of air passengers with disabilities under section 41705.

added “(b) Content—In developing the Bill of Rights, the Secretary shall include, at a minimum, plain language descriptions of responsibilities and protections provided in law related to—

added “(1) the right of passengers with disabilities to be treated with dignity and respect;

added “(2) the right of passengers with disabilities to receive timely assistance, if requested, from properly trained personnel of covered carriers and their contractors;

added “(3) the right of passengers with disabilities to travel with and stow wheelchairs, mobility aids, and other assistive devices, including necessary medications and medical supplies;

added “(4) the right of passengers with disabilities to receive seating accommodations, if requested, to accommodate a disability;

added “(5) the right of passengers with disabilities to speak with a complaint resolution officer or to file a complaint with a covered carrier or the Department of Transportation; and

added “(6) the right of passengers with disabilities to communications in an accessible format as required under Federal regulations.

added “(c) Rule of construction—The development of the Bill of Rights may not be construed as expanding or restricting the rights available to passengers with disabilities on the day before the date of enactment of this section pursuant to any statute or regulation.

added “(d) Consultations—In developing the Bill of Rights, the Secretary shall consult with appropriate stakeholders, including disability organizations and covered carriers.

added “(e) Display—Each covered carrier shall include the Bill of Rights—

added “(1) on a publicly available internet website of the covered carrier; and

added “(2) in any pre-flight notification or communication provided to a passenger who alerts the covered carrier in advance of the need for accommodations relating to a disability.

added “(f) Training—Covered carriers shall submit to the Secretary plans to ensure that their employees and contractors receive training on the responsibilities and protections described in the Bill of Rights. The Secretary shall review such plans to ensure the plans address the matters described in subsection (b).

added “(g) Definitions—In this section, the following definitions apply:

added “(1) Bill of Rights—The term “Bill of Rights” means the “Airline Passengers With Disabilities Bill of Rights” developed under subsection (a).

added “(2) Covered carrier—The term “covered carrier” means an air carrier or foreign air carrier, as those terms are defined in section 40102(a).”

changed Section 41742(a)(2) of title 49, United States Code, is amended by striking “$150,000,000 for fiscal year 2011” and all that follows before “to carry out” and inserting “$153,000,000 “$155,000,000 for fiscal year 2018, $156,000,000 $158,000,000 for fiscal year 2019, $159,000,000 $161,000,000 for fiscal year 2020, $162,000,000 $165,000,000 for fiscal year 2021, $165,000,000 $168,000,000 for fiscal year 2022, and $168,000,000 $172,000,000 for fiscal year 2023”.

removed Section 804(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44501 note) is amended—

“(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.”

added “(e) Military operations exclusion

added “(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.

added “(2) TRACON defined—In this subsection, the term “TRACON” means terminal radar approach control.”

“(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”

“(17) preventing entry into United States markets by flag of convenience carriers.”

“(F) erosion of labor standards associated with flag of convenience carriers.”

changed “(48) “(54) “flag of convenience carrier” means a foreign air carrier that is established in a country other than the home country of its majority owner or owners in order to avoid regulations of the home country.”

changed “44737. “44738. Training on human trafficking for certain staff

“In addition to other training requirements, each air carrier shall provide training—

“(1) to ticket counter agents, gate agents, and other air carrier workers whose jobs require regular interaction with passengers; and

“(2) on recognizing and responding to potential human trafficking victims.”

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study that examines the ground transportation options at the Nation’s 10 busiest airports in order to—

Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following:

“(f) Use of assistance—Recipients of hazard mitigation assistance provided under this section and section 203 may use the assistance to conduct activities to help reduce the risk of future damage, hardship, loss, or suffering in any area affected by a wildfire or windstorm, including—

“(1) reseeding ground cover with quick-growing or native species;

“(2) mulching with straw or chipped wood;

“(3) constructing straw, rock, or log dams in small tributaries to prevent flooding;

“(4) placing logs and other erosion barriers to catch sediment on hill slopes;

“(5) installing debris traps to modify road and trail drainage mechanisms;

“(6) modifying or removing culverts to allow drainage to flow freely;

“(7) adding drainage dips and constructing emergency spillways to keep roads and bridges from washing out during floods;

“(8) planting grass to prevent the spread of noxious weeds;

“(9) installing warning signs;

“(10) establishing defensible space measures;

changed “(11) reducing hazardous fuels; andfuels;

changed “(12) windstorm damage, including replacing or installing electrical transmission or distribution utility pole structures with poles that are resilient to extreme wind and combined ice and wind loadings for the basic wind speeds and ice conditions associated with the relevant location.”location;

added “(13) removing standing burned trees; and

added “(14) replacing water systems that have been burned and have caused contamination.”

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall provide guidance and training on an annual basis to State, Tribal, and local governments, first responders, and utility companies on—

changed Section 1105(c) 423 of the Sandy Recovery Improvement Robert T. Stafford Disaster Relief and Emergency Assistance Act of 2013 (42 U.S.C. 5189a note) 5189a) is amended by striking “2015” and inserting “2022”.adding at the end the following: