Title II — Aviation Safety Critical Reforms

114th Congress · Approved Jul 15, 2016 · 130 Stat. 615 · Lineage

TITLE II Aviation Safety Critical Reforms

Subtitle A Safety

SEC. 2101. Pilot Records Database Deadline.

Section 44703(i)(2) of title 49, United States Code, is amended by striking “ The Administrator shall establish” and inserting “ Not later than April 30, 2017, the Administrator shall establish and make available for use”.

SEC. 2102. Cockpit Automation Management.

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall—

(1)

develop a process to verify that air carrier training programs incorporate measures to train pilots on—

(A)

monitoring automation systems; and

(B)

controlling the flightpath of aircraft without autopilot or autoflight systems engaged;

(2)

develop metrics or measurable tasks that air carriers can use to evaluate pilot monitoring proficiency;

(3)

issue guidance to aviation safety inspectors responsible for oversight of the operations of air carriers on tracking and assessing pilots’ proficiency in manual flight; and

(4)

issue guidance to air carriers and inspectors regarding standards for compliance with the requirements for enhanced pilot training contained in the final rule published in the Federal Register on November 12, 2013 (78 Fed. Reg. 67800).

SEC. 2103. Enhanced Mental Health Screening for Pilots.

Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall consider the recommendations of the Pilot Fitness Aviation Rulemaking Committee in determining whether to implement, as part of a comprehensive medical certification process for pilots with a first- or second-class airman medical certificate, additional screening for mental health conditions, including depression and suicidal thoughts or tendencies, and assess treatments that would address any risk associated with such conditions.

SEC. 2104. Laser Pointer Incidents.

(a)

In General.— Beginning 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates to the appropriate committees of Congress regarding—

(1)

the number of incidents involving the beam from a laser pointer (as defined in section 39A of title 18, United States Code) being aimed at, or in the flight path of, an aircraft in the airspace jurisdiction of the United States;

(2)

the number of civil or criminal enforcement actions taken by the Federal Aviation Administration, the Department of Transportation, or another Federal agency with regard to the incidents described in paragraph (1), including the amount of the civil or criminal penalties imposed on violators;

(3)

the resolution of any incidents described in paragraph (1) that did not result in a civil or criminal enforcement action; and

(4)

any actions the Department of Transportation or another Federal agency has taken on its own, or in conjunction with other Federal agencies or local law enforcement agencies, to deter the type of activity described in paragraph (1).

(b)

Civil Penalties.— The Administrator shall revise the maximum civil penalty that may be imposed on an individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft, to be $25,000.

SEC. 2105. Crash-Resistant Fuel Systems.

Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall evaluate and update, as necessary, standards for crash-resistant fuel systems for civilian rotorcraft.

SEC. 2106. Hiring of Air Traffic Controllers.

(a)

In General.— Section 44506 of title 49, United States Code, is amended by adding at the end the following:

“(f) Hiring of Certain Air Traffic Control Specialists.—

“(1) Consideration of applicants.—

“(A) Ensuring selection of most qualified applicants.—In appointing individuals to the position of air traffic controller, the Administrator shall give preferential consideration to qualified individuals maintaining 52 consecutive weeks of air traffic control experience involving the full-time active separation of air traffic after receipt of an air traffic certification or air traffic control facility rating within 5 years of application while serving at—

“(i) a Federal Aviation Administration air traffic control facility;

“(ii) a civilian or military air traffic control facility of the Department of Defense; or

“(iii) a tower operating under contract with the Federal Aviation Administration under section 47124.

“(B) Consideration of additional applicants.—

“(i) In general.—After giving preferential consideration to applicants under subparagraph (A), the Administrator shall consider additional applicants for the position of air traffic controller by referring an approximately equal number of individuals for appointment among the 2 applicant pools described in this subparagraph. The number of individuals referred for consideration from each group shall not differ by more than 10 percent.

“(ii) Pool 1.—Pool 1 applicants are individuals who—

“(I) have successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program maintained under subsection (c)(1) and who have received from the institution—

“(aa) an appropriate recommendation; or

“(bb) an endorsement certifying that the individual would have met the requirements in effect as of December 31, 2013, for an appropriate recommendation;

“(II) are eligible for a veterans recruitment appointment pursuant to section 4214 of title 38 and provide a Certificate of Release or Discharge from Active Duty within 120 days of the announcement closing;

“(III) are eligible veterans (as defined in section 4211 of title 38) maintaining aviation experience obtained in the course of the individual’s military experience; or

“(IV) are preference eligible veterans (as defined in section 2108 of title 5).

“(iii) Pool 2.—Pool 2 applicants are individuals who apply under a vacancy announcement recruiting from all United States citizens.

“(2) Use of biographical assessments.—

“(A) Biographical assessments.—The Administrator shall not use any biographical assessment when hiring under paragraph (1)(A) or paragraph (1)(B)(ii).

“(B) Reconsideration of applicants disqualified on basis of biographical assessments.—

“(i) In general.—If an individual described in paragraph (1)(A) or paragraph (1)(B)(ii), who applied for the position of air traffic controller with the Administration in response to Vacancy Announcement FAA–AMC–14–ALLSRCE–33537 (issued on February 10, 2014), was disqualified from the position as the result of a biographical assessment, the Administrator shall provide the applicant an opportunity to reapply for the position as soon as practicable under the revised hiring practices.

“(ii) Waiver of age restriction.—The Administrator shall waive any maximum age restriction for the position of air traffic controller with the Administration that would otherwise disqualify an individual from the position if the individual—

“(I) is reapplying for the position pursuant to clause (i) on or before December 31, 2017; and

“(II) met the maximum age requirement on the date of the individual’s previous application for the position during the interim hiring process.

“(3) Maximum entry age for experienced controllers.—Notwithstanding section 3307 of title 5, the maximum limit of age for an original appointment to a position as an air traffic controller shall be 35 years of age for those maintaining 52 weeks of air traffic control experience involving the full-time active separation of air traffic after receipt of an air traffic certification or air traffic control facility rating in a civilian or military air traffic control facility.”

(b)

Notification of Vacancies.— The Administrator of the Federal Aviation Administration shall consider directly notifying secondary schools and institutions of higher learning, including Historically Black Colleges and Universities, Hispanic-serving institutions, Minority Institutions, and Tribal Colleges and Universities, of a vacancy announcement under section 44506(f)(1)(B)(iii) of title 49, United States Code.

SEC. 2107. Training Policies Regarding Assistance for Persons with Disabilities.

(a)

In General.— Not later than 270 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report assessing required air carrier personnel and contractor training programs regarding the assistance of persons with disabilities, including—

(1)

variations in training programs between air carriers;

(2)

instances since 2005 where the Department of Transportation has requested that an air carrier take corrective action following a review of the air carrier’s training programs; and

(3)

actions taken by air carriers following requests described in paragraph (2).

(b)

Best Practices.— After the date the report is submitted under subsection (a), the Secretary of Transportation, based on the findings of the report, shall develop, make publicly available, and appropriately disseminate to air carriers such best practices as the Secretary considers necessary to improve the reviewed training programs.

SEC. 2108. Air Travel Accessibility.

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue the supplemental notice of proposed rulemaking referenced in the Secretary’s Report on Significant Rulemakings, dated June 15, 2015, and assigned Regulation Identification Number 2105–AE12.

SEC. 2109. Additional Certification Resources.

(a)

In General.— Notwithstanding any other provision of law, and subject to the requirements of subsection (b), the Administrator of the FAA may enter into a reimbursable agreement with an applicant or certificate-holder for the reasonable travel and per diem expenses of the FAA associated with official travel to expedite the acceptance or validation by a foreign authority of an FAA certificate or design approval or the acceptance or validation by the FAA of a foreign authority certificate or design approval.

(b)

Conditions.— The Administrator may enter into an agreement under subsection (a) only if—

(1)

the travel covered under the agreement is deemed necessary, by both the Administrator and the applicant or certificate-holder, to expedite the acceptance or validation of the relevant certificate or approval;

(2)

the travel is conducted at the request of the applicant or certificate-holder;

(3)

travel plans and expenses are approved by the applicant or certificate-holder prior to travel; and

(4)

the agreement requires payment in advance of FAA services and is consistent with the processes under section 106(l)(6) of title 49, United States Code.

(c)

Report.— Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on—

(1)

the number of occasions on which the Administrator entered into reimbursable agreements under this section;

(2)

the number of occasions on which the Administrator declined a request by an applicant or certificate-holder to enter into a reimbursable agreement under this section;

(3)

the amount of reimbursements collected in accordance with agreements under this section; and

(4)

the extent to which reimbursable agreements under this section assisted in reducing the amount of time necessary for validations of certificates and design approvals.

(d)

Definitions.— In this section, the following definitions apply:

(1)

Applicant.— The term “applicant” means a person that has—

(A)

applied to a foreign authority for the acceptance or validation of an FAA certificate or design approval; or

(B)

applied to the FAA for the acceptance or validation of a foreign authority certificate or design approval.

(2)

Certificate-holder.— The term “certificate-holder” means a person that holds a certificate issued by the Administrator under part 21 of title 14, Code of Federal Regulations.

(3)

FAA.— The term “FAA” means the Federal Aviation Administration.

SEC. 2110. Tower Marking.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations to require the marking of covered towers.

(b)

Marking Required.— The regulations under subsection (a) shall require that a covered tower be clearly marked in a manner that is consistent with applicable guidance under the Federal Aviation Administration Advisory Circular issued December 4, 2015 (AC 70/7460–1L), or other relevant safety guidance, as determined by the Administrator.

(c)

Application.— The regulations issued under subsection (a) shall ensure that—

(1)

all covered towers constructed on or after the date on which such regulations take effect are marked in accordance with subsection (b); and

(2)

a covered tower constructed before the date on which such regulations take effect is marked in accordance with subsection (b) not later than 1 year after such effective date.

(d)

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 self-standing or 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—

(aa)

outside the boundaries of an incorporated city or town; or

(bb)

on land that is—

(AA)

undeveloped; or

(BB)

used for agricultural purposes.

(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;

(III)

supports electric utility transmission or distribution lines;

(IV)

is a wind-powered electrical generator with a rotor blade radius that exceeds 6 feet; or

(V)

is a street light erected or maintained by a Federal, State, local, or tribal entity.

(B)

Undeveloped.— The term “undeveloped” means a defined geographic area where the Administrator determines low-flying aircraft are operated on a routine basis, such as low-lying forested areas with predominant tree cover under 200 feet and pasture and range land.

(2)

Other definitions.— The Administrator shall define such other terms as may be necessary to carry out this section.

(e)

Database.— The Administrator shall—

(1)

develop a database that contains the location and height of each covered tower;

(2)

keep the database current to the extent practicable;

(3)

ensure that any proprietary information in the database is protected from disclosure in accordance with law; and

(4)

ensure 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.

SEC. 2111. Aviation Cybersecurity.

(a)

Comprehensive and Strategic Aviation Framework.—

(1)

In general.— Not later than 240 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall facilitate and support the development of a comprehensive and strategic framework of principles and policies to reduce cybersecurity risks to the national airspace system, civil aviation, and agency information systems using a total systems approach that takes into consideration the interactions and interdependence of different components of aircraft systems and the national airspace system.

(2)

Scope.— In carrying out paragraph (1), the Administrator shall—

(A)

identify and address the cybersecurity risks associated with—

(i)

the modernization of the national airspace system;

(ii)

the automation of aircraft, equipment, and technology; and

(iii)

aircraft systems, including by—

(I)

directing the Aircraft Systems Information Security Protection Working Group—

(aa)

to assess cybersecurity risks to aircraft systems;

(bb)

to review the extent to which existing rulemaking, policy, and guidance to promote safety also promote aircraft systems information security protection; and

(cc)

to provide appropriate recommendations to the Administrator if separate or additional rulemaking, policy, or guidance is needed to address cybersecurity risks to aircraft systems; and

(II)

identifying and addressing—

(aa)

cybersecurity risks associated with in-flight entertainment systems; and

(bb)

whether in-flight entertainment systems can and should be isolated and separate, such as through an air gap, under existing rulemaking, policy, and guidance;

(B)

clarify cybersecurity roles and responsibilities of offices and employees of the Federal Aviation Administration, as the roles and responsibilities relate to cybersecurity at the Federal Aviation Administration;

(C)

identify and implement objectives and actions to reduce cybersecurity risks to air traffic control information systems, including actions to improve implementation of information security standards, such as those of the National Institute of Standards and Technology;

(D)

support voluntary efforts by industry, RTCA, Inc., and other standards-setting organizations to develop and identify consensus standards and best practices relating to guidance on aviation systems information security protection, consistent, to the extent appropriate, with the cybersecurity risk management activities described in section 2(e) of the National Institute of Standards and Technology Act (15 U.S.C. 272(e));

(E)

establish guidelines for the voluntary exchange of information between and among aviation stakeholders pertaining to aviation-related cybersecurity incidents, threats, and vulnerabilities;

(F)

identify short- and long-term objectives and actions that can be taken in response to cybersecurity risks to the national airspace system; and

(G)

identify research and development activities to inform actions in response to cybersecurity risks.

(3)

Implementation requirements.— In carrying out the activities under this subsection, the Administrator shall—

(A)

coordinate with aviation stakeholders, including, at a minimum, representatives of industry, airlines, manufacturers, airports, RTCA, Inc., and unions;

(B)

consult with the heads of relevant agencies and with international regulatory authorities;

(C)

if determined appropriate, convene an expert panel or working group to identify and address cybersecurity risks; and

(D)

evaluate, on a periodic basis, the effectiveness of the principles established under this subsection.

(b)

Update on Cybersecurity Implementation Progress.— Not later than 90 days after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress an update on progress made toward the implementation of this section.

(c)

Cybersecurity Threat Model.— Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Director of the National Institute of Standards and Technology, shall implement the open recommendation issued in 2015 by the Government Accountability Office to assess and research the potential cost and timetable of developing and maintaining an agencywide threat model, which shall be updated regularly, to strengthen the cybersecurity of agency systems across the Federal Aviation Administration. The Administrator shall brief the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status, results, and composition of the threat model.

(d)

National Institute of Standards and Technology Information Security Standards.— Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, after consultation with the Director of the National Institute of Standards and Technology, shall transmit to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—

(1)

a cybersecurity standards plan to improve implementation of the National Institute of Standards and Technology’s latest revisions to information security guidance for Federal Aviation Administration information and Federal Aviation Administration information systems within set timeframes; and

(2)

an explanation of why any such revisions are not incorporated in the plan or are not incorporated within set timeframes.

(e)

Cybersecurity Research and Development.— Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other agencies as appropriate, shall establish a cybersecurity research and development plan for the national airspace system, including—

(1)

any proposal for research and development cooperation with international partners;

(2)

an evaluation and determination of research and development needs to determine any cybersecurity risks of cabin communications and cabin information technology systems on board in the passenger domain; and

(3)

objectives, proposed tasks, milestones, and a 5-year budgetary profile.

SEC. 2112. Repair Stations Located Outside United States.

(a)

Risk-Based Oversight.— Section 44733 of title 49, United States Code, is amended—

(1)

by redesignating subsection (f) as subsection (g);

(2)

by inserting after subsection (e) the following:

“(f) Risk-Based Oversight.—

“(1) In general.—Not later than 90 days after the date of enactment of the FAA Extension, Safety, and Security Act of 2016, the Administrator shall take measures to ensure that the safety assessment system established under subsection (a)—

“(A) places particular consideration on inspections of part 145 repair stations located outside the United States that conduct scheduled heavy maintenance work on part 121 air carrier aircraft; and

“(B) accounts for the frequency and seriousness of any corrective actions that part 121 air carriers must implement to aircraft following such work at such repair stations.

“(2) International agreements.—The Administrator shall take the measures required under paragraph (1)—

“(A) in accordance with United States obligations under applicable international agreements; and

“(B) in a manner consistent with the applicable laws of the country in which a repair station is located.

“(3) Access to data.—The Administrator may access and review such information or data in the possession of a part 121 air carrier as the Administrator may require in carrying out paragraph (1)(B).”

; and

(3)

in subsection (g) (as so redesignated)—

(A)

by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and

(B)

by inserting before paragraph (2) (as so redesignated) the following:

“(1) Heavy maintenance work.—The term ‘heavy maintenance work’ means a C-check, a D-check, or equivalent maintenance operation with respect to the airframe of a transport-category aircraft.”

(b)

Alcohol and Controlled Substances Testing.— The Administrator of the Federal Aviation Administration shall ensure that—

(1)

not later than 90 days after the date of enactment of this Act, a notice of proposed rulemaking required pursuant to section 44733(d)(2) is published in the Federal Register; and

(2)

not later than 1 year after the date on which the notice of proposed rulemaking is published in the Federal Register, the rulemaking is finalized.

(c)

Background Investigations.— Not later than 180 days after the date of enactment of this Act, the Administrator shall ensure that each employee of a repair station certificated under part 145 of title 14, Code of Federal Regulations, who performs a safety-sensitive function on an air carrier aircraft has undergone a pre-employment background investigation sufficient to determine whether the individual presents a threat to aviation safety, in a manner that is—

(1)

determined acceptable by the Administrator;

(2)

consistent with the applicable laws of the country in which the repair station is located; and

(3)

consistent with the United States obligations under international agreements.

SEC. 2113. Enhanced Training for Flight Attendants.

Section 44734(a) of title 49, United States Code, is amended—

(1)

in paragraph (2) by striking “ and” at the end;

(2)

in paragraph (3) by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

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

Subtitle B UAS Safety

SEC. 2201. Definitions.

(a)

Definitions Applied.— In this subtitle, the terms “unmanned aircraft”, “unmanned aircraft system”, and “small unmanned aircraft” have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as amended by this Act.

(b)

FAA Modernization and Reform Act.— Section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is amended—

(1)

in paragraph (6) by inserting “ , including everything that is on board or otherwise attached to the aircraft” after “ 55 pounds”; and

(2)

by striking paragraph (7) and inserting the following:

“(7) Test range.—

“(A) In general.—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.

“(B) Inclusions.—The term ‘test range’ includes any of the 6 test ranges established by the Administrator of the Federal Aviation Administration under section 332(c), as in effect on the day before the date of enactment of this subparagraph, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009.”

SEC. 2202. Identification Standards.

(a)

In General.— The Administrator of the Federal Aviation Administration, in consultation with the Secretary of Transportation, the President of RTCA, Inc., and the Director of the National Institute of Standards and Technology, shall convene industry stakeholders to facilitate the development of consensus standards for remotely identifying operators and owners of unmanned aircraft systems and associated unmanned aircraft.

(b)

Considerations.— As part of any standards developed under subsection (a), the Administrator shall ensure the consideration of—

(1)

requirements for remote identification of unmanned aircraft systems;

(2)

appropriate requirements for different classifications of unmanned aircraft systems operations, including public and civil; and

(3)

the feasibility of the development and operation of a publicly accessible online database of unmanned aircraft and the operators thereof, and any criteria for exclusion from the database.

(c)

Deadline.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on any standards developed under subsection (a).

(d)

Guidance.— Not later than 1 year after the date on which the Administrator submits the report under subsection (c), the Administrator shall issue regulations or guidance, as appropriate, based on any standards developed under subsection (a).

SEC. 2203. Safety Statements.

(a)

Required Information.— Beginning on the date that is 1 year after the date of publication of the guidance under subsection (b)(1), a manufacturer of a small unmanned aircraft shall make available to the owner at the time of delivery of the small unmanned aircraft the safety statement described in subsection (b)(2).

(b)

Safety Statement.—

(1)

In general.— Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue guidance for implementing this section.

(2)

Requirements.— A safety statement required under subsection (a) shall include—

(A)

information about, and sources of, laws and regulations applicable to small unmanned aircraft;

(B)

recommendations for using small unmanned aircraft in a manner that promotes the safety of persons and property;

(C)

the date that the safety statement was created or last modified; and

(D)

language approved by the Administrator regarding the following:

(i)

A person may operate the small unmanned aircraft as a model aircraft (as defined in section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)) or otherwise in accordance with Federal Aviation Administration authorization or regulation, including requirements for the completion of any applicable airman test.

(ii)

The definition of a model aircraft under section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(iii)

The requirements regarding the operation of a model aircraft under section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(iv)

The Administrator may pursue enforcement action against a person operating model aircraft who endangers the safety of the national airspace system.

(c)

Civil Penalty.— A person who violates subsection (a) shall be liable for each violation to the United States Government for a civil penalty described in section 46301(a) of title 49, United States Code.

SEC. 2204. Facilitating Interagency Cooperation for Unmanned Aircraft Authorization in Support of Firefighting Operations and Utility Restoration.

(a)

Firefighting Operations.— The Administrator of the Federal Aviation Administration shall enter into agreements with the Secretary of the Interior and the Secretary of Agriculture, as necessary, to continue the expeditious authorization of safe unmanned aircraft system operations in support of firefighting operations consistent with the requirements of section 334(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(b)

Utility Restoration.— The Administrator shall enter into agreements with the Secretary of Energy and with such other agencies or parties, including the Federal Emergency Management Agency, as are necessary to facilitate the expeditious authorization of safe unmanned aircraft system operations in support of service restoration efforts of utilities.

(c)

Definition of Utility.— In this section, the term “utility” shall at a minimum include the definition in section 3(4) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602(4)).

SEC. 2205. Interference with Wildfire Suppression, Law Enforcement, or Emergency Response Effort by Operation of Unmanned Aircraft.

(a)

In General.— Chapter 463 of title 49, United States Code, is amended by adding at the end the following:

“§ 46320. Interference with wildfire suppression, law enforcement, or emergency response effort by operation of unmanned aircraft

“(a) In General.—Except as provided in subsection (b), an individual who operates an unmanned aircraft and in so doing knowingly or recklessly interferes with a wildfire suppression, law enforcement, or emergency response effort is liable to the United States Government for a civil penalty of not more than $20,000.

“(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) Compromise and Setoff.—

“(1) Compromise.—The United States Government may compromise the amount of a civil penalty imposed under this section.

“(2) Setoff.—The United States Government may deduct the amount of a civil penalty imposed or compromised under this section from the amounts the Government owes the person liable for the penalty.

“(d) Definitions.—In this section, the following definitions apply:

“(1) Wildfire.—The term ‘wildfire’ has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).

“(2) Wildfire suppression.—The term ‘wildfire suppression’ means an effort to contain, extinguish, or suppress a wildfire.”

(b)

FAA To Impose Civil Penalty.— Section 46301(d)(2) of title 49, United States Code, is amended by inserting “ section 46320,” after “ section 46319,”.

(c)

Clerical Amendment.— The analysis for chapter 463 of title 49, United States Code, is amended by adding at the end the following:

“46320. Interference with wildfire suppression, law enforcement, or emergency response effort by operation of unmanned aircraft.”.

SEC. 2206. Pilot Project for Airport Safety and Airspace Hazard Mitigation.

(a)

In General.— The Administrator of the Federal Aviation Administration shall establish a pilot program for airspace hazard mitigation at airports and other critical infrastructure using unmanned aircraft detection systems.

(b)

Consultation.— In carrying out the pilot program under subsection (a), the Administrator 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 that are developed, tested, or deployed by those departments and agencies to mitigate threats posed by errant or hostile unmanned aircraft system operations do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system.

(c)

Authorization of Appropriations.— There is authorized to be appropriated from the Airport and Airway Trust Fund to carry out this section $6,000,000, to remain available until expended.

(d)

Authority.— After the pilot program established under subsection (a) ceases to be effective pursuant to subsection (g), the Administrator may use unmanned aircraft detection systems to detect and mitigate the unauthorized operation of an unmanned aircraft that poses a risk to aviation safety.

(e)

Report.—

(1)

In general.— Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the pilot program established under subsection (a).

(2)

Contents.— The report required under paragraph (1) shall include the following:

(A)

The number of unauthorized unmanned aircraft operations detected, together with a description of such operations.

(B)

The number of instances in which unauthorized unmanned aircraft were mitigated, together with a description of such instances.

(C)

The number of enforcement cases brought by the Federal Aviation Administration for unauthorized operation of unmanned aircraft detected through the pilot program, together with a description of such cases.

(D)

The number of any technical failures in the pilot program, together with a description of such failures.

(E)

Recommendations for safety and operational standards for unmanned aircraft detection systems.

(F)

The feasibility of deployment of the systems at other airports.

(3)

Format.— To the extent practicable, the report prepared under paragraph (1) shall be submitted in a classified format. If appropriate, the report may include an unclassified summary.

(f)

Sunset.— The pilot program established under subsection (a) shall cease to be effective on the earlier of—

(1)

the date that is 18 months after the date of enactment of this Act; and

(2)

the date of the submission of the report under subsection (e).

SEC. 2207. Emergency Exemption Process.

(a)

In General.— Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish guidance for applications for, and procedures for the processing of, on an emergency basis, exemptions or certificates of authorization or waiver for the use of unmanned aircraft systems by civil or public operators in response to a catastrophe, disaster, or other emergency to facilitate emergency response operations, such as firefighting, search and rescue, and utility and infrastructure restoration efforts. In processing such applications, the Administrator shall give priority to applications for public unmanned aircraft systems engaged in emergency response activities.

(b)

Requirements.— In providing guidance under subsection (a), the Administrator shall—

(1)

make explicit any safety requirements that must be met for the consideration of applications that include requests for beyond visual line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions, consistent with public interest and safety; and

(2)

explicitly state the procedures for coordinating with an incident commander, if any, to ensure operations granted under procedures developed under subsection (a) do not interfere with other emergency response efforts.

(c)

Review.— In processing applications on an emergency basis for exemptions or certificates of authorization or waiver for unmanned aircraft systems operations in response to a catastrophe, disaster, or other emergency, the Administrator shall act on such applications as expeditiously as practicable and without requiring public notice and comment.

SEC. 2208. Unmanned Aircraft Systems Traffic Management.

(a)

Research Plan for UTM Development and Deployment.—

(1)

In general.— The Administrator of the Federal Aviation Administration (in this section referred to as the “Administrator”), in coordination with the Administrator of the National Aeronautics and Space Administration, shall continue development of a research plan for unmanned aircraft systems traffic management (in this section referred to as “UTM”) development and deployment.

(2)

Requirements.— In developing the research plan, the Administrator shall—

(A)

identify research outcomes sought; and

(B)

ensure the plan is consistent with existing regulatory and operational frameworks, and considers potential future regulatory and operational frameworks, for unmanned aircraft systems in the national airspace system.

(3)

Assessment.— The research plan shall include an assessment of the interoperability of a UTM system with existing and potential future air traffic management systems and processes.

(4)

Deadlines.— The Administrator shall—

(A)

initiate development of the research plan not later than 60 days after the date of enactment of this Act; and

(B)

not later than 180 days after the date of enactment of this Act—

(i)

complete the research plan;

(ii)

submit the research plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and

(iii)

publish the research plan on the Internet Web site of the Federal Aviation Administration.

(b)

Pilot Program.—

(1)

In general.— Not later than 90 days after the date of submission of the research plan under subsection (a)(4)(B), the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, the Drone Advisory Committee, the research advisory committee established by section 44508(a) of title 49, United States Code, and representatives of the unmanned aircraft industry, shall establish a UTM system pilot program.

(2)

Sunset.— Not later than 2 years after the date of establishment of the pilot program, the Administrator shall conclude the pilot program.

(c)

Updates.— Not later than 180 days after the date of establishment of the pilot program, and every 180 days thereafter until the date of conclusion of the pilot program, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives an update on the status and progress of the pilot program.

SEC. 2209. Applications for Designation.

(a)

Applications for Designation.— Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a process to allow applicants to petition the Administrator of the Federal Aviation Administration to prohibit or restrict the operation of an unmanned aircraft in close proximity to a fixed site facility.

(b)

Review Process.—

(1)

Application procedures.—

(A)

In general.— The Administrator shall establish the procedures for the application for designation under subsection (a).

(B)

Requirements.— The procedures shall allow operators or proprietors of fixed site facilities to apply for designation individually or collectively.

(C)

Considerations.— Only the following may be considered fixed site facilities:

(i)

Critical infrastructure, such as energy production, transmission, and distribution facilities and equipment.

(ii)

Oil refineries and chemical facilities.

(iii)

Amusement parks.

(iv)

Other locations that warrant such restrictions.

(2)

Determination.—

(A)

In general.— The Secretary shall provide for a determination under the review process established under subsection (a) not later than 90 days after the date of application, unless the applicant is provided with written notice describing the reason for the delay.

(B)

Affirmative designations.— An affirmative designation shall outline—

(i)

the boundaries for unmanned aircraft operation near the fixed site facility; and

(ii)

such other limitations that the Administrator determines may be appropriate.

(C)

Considerations.— In making a determination whether to grant or deny an application for a designation, the Administrator may consider—

(i)

aviation safety;

(ii)

protection of persons and property on the ground;

(iii)

national security; or

(iv)

homeland security.

(D)

Opportunity for resubmission.— If an application is denied, and the applicant can reasonably address the reason for the denial, the Administrator may allow the applicant to reapply for designation.

(c)

Public Information.— Designations under subsection (a) shall be published by the Federal Aviation Administration on a publicly accessible website.

(d)

Savings Clause.— Nothing in this section may be construed as prohibiting the Administrator from authorizing operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from that fixed site facility designated under subsection (b).

SEC. 2210. Operations Associated with Critical Infrastructure.

(a)

In General.— Any application process established under section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) shall allow for a person to apply to the Administrator of the Federal Aviation Administration to operate an unmanned aircraft system, for purposes of conducting an activity described in subsection (b)—

(1)

beyond the visual line of sight of the individual operating the unmanned aircraft system; and

(2)

during the day or at night.

(b)

Activities Described.— The activities described in this subsection are—

(1)

activities for which manned aircraft may be used to comply with Federal, State, or local laws, including—

(A)

activities to ensure compliance with Federal or State regulatory, permit, or other requirements, including to conduct surveys associated with applications for permits for new pipeline or pipeline systems construction or maintenance or rehabilitation of existing pipelines or pipeline systems; and

(B)

activities relating to ensuring compliance with—

(i)

parts 192 and 195 of title 49, Code of Federal Regulations; and

(ii)

the requirements of any Federal, State, or local governmental or regulatory body, or industry best practice, pertaining to the construction, ownership, operation, maintenance, repair, or replacement of covered facilities;

(2)

activities to inspect, repair, construct, maintain, or protect covered facilities, including for the purpose of responding to a pipeline, pipeline system, or electric energy infrastructure incident; and

(3)

activities in response to or in preparation for a natural disaster, manmade disaster, severe weather event, or other incident beyond the control of the applicant that may cause material damage to a covered facility.

(c)

Definitions.— In this section, the following definitions apply:

(1)

Covered facility.— The term “covered facility” means—

(A)

a pipeline or pipeline system;

(B)

an electric energy generation, transmission, or distribution facility (including a renewable electric energy facility);

(C)

an oil or gas production, refining, or processing facility; or

(D)

any other critical infrastructure facility.

(2)

Critical infrastructure.— The term “critical infrastructure” has the meaning given that term in section 2339D of title 18, United States Code.

(d)

Deadlines.—

(1)

Certification to congress.— Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a certification that a process has been established to facilitate applications for unmanned aircraft systems operations described in this section.

(2)

Failure to meet certification deadline.— If the Administrator cannot provide a certification under paragraph (1), the Administrator, not later than 180 days after the deadline specified in paragraph (1), shall update the process under section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) to facilitate applications for unmanned aircraft systems operations described in this section.

(e)

Exemptions.— In addition to the operations described in this section, the Administrator may authorize, exempt, or otherwise allow other unmanned aircraft systems operations under section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) that are conducted beyond the visual line of sight of the individual operating the unmanned aircraft system or during the day or at night.

SEC. 2211. Unmanned Aircraft Systems Research and Development Roadmap.

Section 332(a)(5) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is amended—

(1)

by inserting “ , in coordination with the Administrator of the National Aeronautics and Space Administration (NASA) and relevant stakeholders, including those in industry and academia,” after “ update”; and

(2)

by inserting after “ annually.” the following:

“(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.”

SEC. 2212. Unmanned Aircraft Systems-Manned Aircraft Collision Research.

(a)

Research.— The Administrator of the Federal Aviation Administration (in this section referred to as the “Administrator”), in continuation of ongoing work, shall coordinate with the Administrator of the National Aeronautics and Space Administration to develop a program to conduct comprehensive testing or modeling of unmanned aircraft systems colliding with various sized aircraft in various operational settings, as considered appropriate by the Administrator, including—

(1)

collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and jet aircraft of various sizes, traveling at various speeds;

(2)

collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and propeller-driven aircraft of various sizes, traveling at various speeds;

(3)

collisions between unmanned aircraft systems of various sizes, traveling at various speeds, and rotorcraft of various sizes, traveling at various speeds; and

(4)

collisions between unmanned aircraft systems and various parts of the aforementioned aircraft, including—

(A)

windshields;

(B)

noses;

(C)

engines;

(D)

radomes;

(E)

propellers; and

(F)

wings.

(b)

Report.— Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report summarizing the costs and results of research under this section.

SEC. 2213. Probabilistic Metrics Research and Development Study.

(a)

Study.— Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall enter into an arrangement with the National Academies to study the potential use of probabilistic assessments of risks by the Administration to streamline the integration of unmanned aircraft systems into the national airspace system, including any research and development necessary.

(b)

Completion Date.— Not later than 1 year after the date of enactment of this Act, the Administrator shall provide the results of the study to the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Subtitle C Time Sensitive Aviation Reforms

SEC. 2301. Small Airport Relief for Safety Projects.

Section 47114(c)(1)(F) of title 49, United States Code, is amended to read as follows:

“(F) Special rule for fiscal year 2017.—Notwithstanding subparagraph (A), the Secretary shall apportion to a sponsor of an airport under that subparagraph for fiscal year 2017 an amount based on the number of passenger boardings at the airport during calendar year 2012 if the airport—

“(i) had 10,000 or more passenger boardings during calendar year 2012;

“(ii) had fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2017 under subparagraph (A); and

“(iii) had scheduled air service at any point during the calendar year used to calculate the apportionment for fiscal year 2017 under subparagraph (A).”

SEC. 2302. Use of Revenues at Previously Associated Airport.

Section 40117 of title 49, United States Code, is amended by adding at the end the following:

“(n) Use of Revenues at Previously Associated Airport.—Notwithstanding the requirements relating to airport control under subsection (b)(1), the Secretary may authorize use of a passenger facility charge under subsection (b) to finance an eligible airport-related project if—

“(1) the eligible agency seeking to impose the new charge controls an airport where a $2.00 passenger facility charge became effective on January 1, 2013; and

“(2) the location of the project to be financed by the new charge is at an airport that was under the control of the same eligible agency that had controlled the airport described in paragraph (1).”

SEC. 2303. Working Group on Improving Air Service to Small Communities.

(a)

In General.— Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group—

(1)

to identify obstacles to attracting and maintaining air transportation service to and from small communities; and

(2)

to develop recommendations for maintaining and improving air transportation service to and from small communities.

(b)

Outreach.— In carrying out subsection (a), the working group shall consult with—

(1)

interested Governors;

(2)

representatives of State and local agencies, and other officials and groups, representing rural States and other rural areas;

(3)

other representatives of relevant State and local agencies; and

(4)

members of the public with experience in aviation safety, pilot training, economic development, and related issues.

(c)

Considerations.— In carrying out subsection (a), the working group shall—

(1)

consider whether funding for, and the terms of, current or potential new programs are sufficient to help ensure continuation of or improvement to air transportation service to small communities, including the essential air service program and the small community air service development program;

(2)

identify initiatives to help support pilot training and aviation safety to maintain air transportation service to small communities;

(3)

consider whether Federal funding for airports serving small communities, including airports that have lost air transportation services or had decreased enplanements in recent years, is adequate to ensure that small communities have access to quality, affordable air transportation service;

(4)

identify innovative State or local efforts that have established public-private partnerships that are successful in attracting and retaining air transportation service in small communities; and

(5)

consider such other issues as the Secretary considers appropriate.

(d)

Composition.—

(1)

In general.— The working group shall be facilitated through the Secretary or the Secretary’s designee.

(2)

Membership.— Members of the working group shall be appointed by the Secretary and shall include representatives of—

(A)

State and local government, including State and local aviation officials;

(B)

State Governors;

(C)

aviation safety experts;

(D)

economic development officials; and

(E)

the traveling public from small communities.

(e)

Report and Recommendations.— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report, including—

(1)

a summary of the views expressed by the participants in the outreach under subsection (b);

(2)

a description of the working group’s findings, including the identification of any areas of general consensus among the non-Federal participants in the outreach under subsection (b); and

(3)

any recommendations for legislative or regulatory action that would assist in maintaining and improving air transportation service to and from small communities.

SEC. 2304. Computation of Basic Annuity for Certain Air Traffic Controllers.

(a)

In General.— Section 8415(f) of title 5, United States Code, is amended to read as follows:

“(f) The annuity of an air traffic controller or former air traffic controller retiring under section 8412(a) is computed under subsection (a), except that if the individual has at least 5 years of service in any combination as—

“(1) an air traffic controller as defined by section 2109(1)(A)(i);

“(2) a first level supervisor of an air traffic controller as defined by section 2109(1)(A)(i); or

“(3) a second level supervisor of an air traffic controller as defined by section 2109(1)(A)(i);

(b)

Effective Date.— The amendment made by subsection (a) shall be deemed to be effective on December 12, 2003.

(c)

Procedures Required.— The Director of the Office of Personnel Management shall establish such procedures as are necessary to provide for—

(1)

notification to each annuitant affected by the amendments made by this section;

(2)

recalculation of the benefits of affected annuitants;

(3)

an adjustment to applicable monthly benefit amounts pursuant to such recalculation, to begin as soon as is practicable; and

(4)

a lump-sum payment to each affected annuitant equal to the additional total benefit amount that such annuitant would have received had the amendment made by subsection (a) been in effect on December 12, 2003.

SEC. 2305. Refunds for Delayed Baggage.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue final regulations to require an air carrier or foreign air carrier to promptly provide to a passenger an automated refund for any ancillary fees paid by the passenger for checked baggage if—

(1)

the air carrier or foreign air carrier fails to deliver the checked baggage to the passenger—

(A)

not later than 12 hours after the arrival of a domestic flight; or

(B)

not later than 15 hours after the arrival of an international flight; and

(2)

the passenger has notified the air carrier or foreign air carrier of the lost or delayed checked baggage.

(b)

Exception.— If, as part of the rulemaking, the Secretary makes a determination on the record that a requirement under subsection (a) is not feasible and would adversely affect consumers in certain cases, the Secretary may modify 1 or both of the deadlines specified in subsection (a)(1) for such cases, except that—

(1)

the deadline relating to a domestic flight may not exceed 18 hours after the arrival of the domestic flight; and

(2)

the deadline relating to an international flight may not exceed 30 hours after the arrival of the international flight.

SEC. 2306. Contract Weather Observers.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to the appropriate committees of Congress a report, which includes public and stakeholder input—

(1)

examining the safety risks, hazard effects, and efficiency and operational effects for airports, airlines, and other stakeholders that could result from a loss of contract weather observer service at the 57 airports targeted for the loss of the service;

(2)

detailing how the Federal Aviation Administration will accurately report rapidly changing severe weather conditions at the airports, including thunderstorms, lightning, fog, visibility, smoke, dust, haze, cloud layers and ceilings, ice pellets, and freezing rain or drizzle, without contract weather observers;

(3)

indicating how airports can comply with applicable Federal Aviation Administration orders governing weather observations given the current documented limitations of automated surface observing systems; and

(4)

identifying the process through which the Federal Aviation Administration analyzed the safety hazards associated with the elimination of the contract weather observer program.

(b)

Continued Use of Contract Weather Observers.— The Administrator may not discontinue the contract weather observer program at any airport until October 1, 2017.

SEC. 2307. Medical Certification of Certain Small Aircraft Pilots.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft if—

(1)

the individual possesses a valid driver’s license issued by a State, territory, or possession of the United States and complies with all medical requirements or restrictions associated with that license;

(2)

the individual holds a medical certificate issued by the Federal Aviation Administration on the date of enactment of this Act, held such a certificate at any point during the 10-year period preceding such date of enactment, or obtains such a certificate after such date of enactment;

(3)

the most recent medical certificate issued by the Federal Aviation Administration to the individual—

(A)

indicates whether the certificate is first, second, or third class;

(B)

may include authorization for special issuance;

(C)

may be expired;

(D)

cannot have been revoked or suspended; and

(E)

cannot have been withdrawn;

(4)

the most recent application for airman medical certification submitted to the Federal Aviation Administration by the individual cannot have been completed and denied;

(5)

the individual has completed a medical education course described in subsection (c) during the 24 calendar months before acting as pilot in command of a covered aircraft and demonstrates proof of completion of the course;

(6)

the individual, when serving as a pilot in command, is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly;

(7)

the individual has received a comprehensive medical examination from a State-licensed physician during the previous 48 months and—

(A)

prior to the examination, the individual—

(i)

completed the individual’s section of the checklist described in subsection (b); and

(ii)

provided the completed checklist to the physician performing the examination; and

(B)

the physician conducted the comprehensive medical examination in accordance with the checklist described in subsection (b), checking each item specified during the examination and addressing, as medically appropriate, every medical condition listed, and any medications the individual is taking; and

(8)

the individual is operating in accordance with the following conditions:

(A)

The covered aircraft is carrying not more than 5 passengers.

(B)

The individual is operating the covered aircraft under visual flight rules or instrument flight rules.

(C)

The flight, including each portion of that flight, is not carried out—

(i)

for compensation or hire, including that no passenger or property on the flight is being carried for compensation or hire;

(ii)

at an altitude that is more than 18,000 feet above mean sea level;

(iii)

outside the United States, unless authorized by the country in which the flight is conducted; or

(iv)

at an indicated air speed exceeding 250 knots.

(b)

Comprehensive Medical Examination.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a checklist for an individual to complete and provide to the physician performing the comprehensive medical examination required in subsection (a)(7).

(2)

Requirements.— The checklist shall contain—

(A)

a section, for the individual to complete that contains—

(i)

boxes 3 through 13 and boxes 16 through 19 of the Federal Aviation Administration Form 8500–8 (3–99); and

(ii)

a signature line for the individual to affirm that—

(I)

the answers provided by the individual on that checklist, including the individual’s answers regarding medical history, are true and complete;

(II)

the individual understands that he or she is prohibited under Federal Aviation Administration regulations from acting as pilot in command, or any other capacity as a required flight crew member, if he or she knows or has reason to know of any medical deficiency or medically disqualifying condition that would make the individual unable to operate the aircraft in a safe manner; and

(III)

the individual is aware of the regulations pertaining to the prohibition on operations during medical deficiency and has no medically disqualifying conditions in accordance with applicable law;

(B)

a section with instructions for the individual to provide the completed checklist to the physician performing the comprehensive medical examination required in subsection (a)(7); and

(C)

a section, for the physician to complete, that instructs the physician—

(i)

to perform a clinical examination of—

(I)

head, face, neck, and scalp;

(II)

nose, sinuses, mouth, and throat;

(III)

ears, general (internal and external canals), and eardrums (perforation);

(IV)

eyes (general), ophthalmoscopic, pupils (equality and reaction), and ocular motility (associated parallel movement, nystagmus);

(V)

lungs and chest (not including breast examination);

(VI)

heart (precordial activity, rhythm, sounds, and murmurs);

(VII)

vascular system (pulse, amplitude, and character, and arms, legs, and others);

(VIII)

abdomen and viscera (including hernia);

(IX)

anus (not including digital examination);

(X)

skin;

(XI)

G–U system (not including pelvic examination);

(XII)

upper and lower extremities (strength and range of motion);

(XIII)

spine and other musculoskeletal;

(XIV)

identifying body marks, scars, and tattoos (size and location);

(XV)

lymphatics;

(XVI)

neurologic (tendon reflexes, equilibrium, senses, cranial nerves, and coordination, etc.);

(XVII)

psychiatric (appearance, behavior, mood, communication, and memory);

(XVIII)

general systemic;

(XIX)

hearing;

(XX)

vision (distant, near, and intermediate vision, field of vision, color vision, and ocular alignment);

(XXI)

blood pressure and pulse; and

(XXII)

anything else the physician, in his or her medical judgment, considers necessary;

(ii)

to exercise medical discretion to address, as medically appropriate, any medical conditions identified, and to exercise medical discretion in determining whether any medical tests are warranted as part of the comprehensive medical examination;

(iii)

to discuss all drugs the individual reports taking (prescription and nonprescription) and their potential to interfere with the safe operation of an aircraft or motor vehicle;

(iv)

to sign the checklist, stating: “I certify that I discussed all items on this checklist with the individual during my examination, discussed any medications the individual is taking that could interfere with their ability to safely operate an aircraft or motor vehicle, and performed an examination that included all of the items on this checklist. I certify that I am not aware of any medical condition that, as presently treated, could interfere with the individual’s ability to safely operate an aircraft.”; and

(v)

to provide the date the comprehensive medical examination was completed, and the physician’s full name, address, telephone number, and State medical license number.

(3)

Logbook.— The completed checklist shall be retained in the individual’s logbook and made available on request.

(c)

Medical Education Course Requirements.— The medical education course described in this subsection shall—

(1)

be available on the Internet free of charge;

(2)

be developed and periodically updated in coordination with representatives of relevant nonprofit and not-for-profit general aviation stakeholder groups;

(3)

educate pilots on conducting medical self-assessments;

(4)

advise pilots on identifying warning signs of potential serious medical conditions;

(5)

identify risk mitigation strategies for medical conditions;

(6)

increase awareness of the impacts of potentially impairing over-the-counter and prescription drug medications;

(7)

encourage regular medical examinations and consultations with primary care physicians;

(8)

inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency and medically disqualifying conditions;

(9)

provide the checklist developed by the Federal Aviation Administration in accordance with subsection (b); and

(10)

upon successful completion of the course, electronically provide to the individual and transmit to the Federal Aviation Administration—

(A)

a certification of completion of the medical education course, which shall be printed and retained in the individual’s logbook and made available upon request, and shall contain the individual’s name, address, and airman certificate number;

(B)

subject to subsection (d), a release authorizing the National Driver Register through a designated State Department of Motor Vehicles to furnish to the Federal Aviation Administration information pertaining to the individual’s driving record;

(C)

a certification by the individual that the individual is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly, as required under subsection (a)(6);

(D)

a form that includes—

(i)

the name, address, telephone number, and airman certificate number of the individual;

(ii)

the name, address, telephone number, and State medical license number of the physician performing the comprehensive medical examination required in subsection (a)(7);

(iii)

the date of the comprehensive medical examination required in subsection (a)(7); and

(iv)

a certification by the individual that the checklist described in subsection (b) was followed and signed by the physician in the comprehensive medical examination required in subsection (a)(7); and

(E)

a statement, which shall be printed, and signed by the individual certifying that the individual understands the existing prohibition on operations during medical deficiency by stating: “I understand that I cannot act as pilot in command, or any other capacity as a required flight crew member, if I know or have reason to know of any medical condition that would make me unable to operate the aircraft in a safe manner.”.

(d)

National Driver Register.— The authorization under subsection (c)(10)(B) shall be an authorization for a single access to the information contained in the National Driver Register.

(e)

Special Issuance Process.—

(1)

In general.— An individual who has qualified for the third-class medical certificate exemption under subsection (a) and is seeking to serve as a pilot in command of a covered aircraft shall be required to have completed the process for obtaining an Authorization for Special Issuance of a Medical Certificate for each of the following:

(A)

A mental health disorder, limited to an established medical history or clinical diagnosis of—

(i)

personality disorder that is severe enough to have repeatedly manifested itself by overt acts;

(ii)

psychosis, defined as a case in which an individual—

(I)

has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis; or

(II)

may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis;

(iii)

bipolar disorder; or

(iv)

substance dependence within the previous 2 years, as defined in section 67.307(a)(4) of title 14, Code of Federal Regulations.

(B)

A neurological disorder, limited to an established medical history or clinical diagnosis of any of the following:

(i)

Epilepsy.

(ii)

Disturbance of consciousness without satisfactory medical explanation of the cause.

(iii)

A transient loss of control of nervous system functions without satisfactory medical explanation of the cause.

(C)

A cardiovascular condition, limited to a one-time special issuance for each diagnosis of the following:

(i)

Myocardial infraction.

(ii)

Coronary heart disease that has required treatment.

(iii)

Cardiac valve replacement.

(iv)

Heart replacement.

(2)

Special rule for cardiovascular conditions.— In the case of an individual with a cardiovascular condition, the process for obtaining an Authorization for Special Issuance of a Medical Certificate shall be satisfied with the successful completion of an appropriate clinical evaluation without a mandatory wait period.

(3)

Special rule for mental health conditions.—

(A)

In general.— In the case of an individual with a clinically diagnosed mental health condition, the third-class medical certificate exemption under subsection (a) shall not apply if—

(i)

in the judgment of the individual’s State-licensed medical specialist, the condition—

(I)

renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection (a)(8); or

(II)

may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection (a)(8); or

(ii)

the individual’s driver’s license is revoked by the issuing agency as a result of a clinically diagnosed mental health condition.

(B)

Certification.— Subject to subparagraph (A), an individual clinically diagnosed with a mental health condition shall certify every 2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual is under the care of a State-licensed medical specialist for that mental health condition.

(4)

Special rule for neurological conditions.—

(A)

In general.— In the case of an individual with a clinically diagnosed neurological condition, the third-class medical certificate exemption under subsection (a) shall not apply if—

(i)

in the judgment of the individual’s State-licensed medical specialist, the condition—

(I)

renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection (a)(8); or

(II)

may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection (a)(8); or

(ii)

the individual’s driver’s license is revoked by the issuing agency as a result of a clinically diagnosed neurological condition.

(B)

Certification.— Subject to subparagraph (A), an individual clinically diagnosed with a neurological condition shall certify every 2 years, in conjunction with the certification under subsection (c)(10)(C), that the individual is under the care of a State-licensed medical specialist for that neurological condition.

(f)

Identification of Additional Medical Conditions for CACI Program.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, the Administrator shall review and identify additional medical conditions that could be added to the program known as the Conditions AMEs Can Issue (CACI) program.

(2)

Consultations.— In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.

(3)

Report required.— Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report listing the medical conditions that have been added to the CACI program under paragraph (1).

(g)

Expedited Authorization for Special Issuance of a Medical Certificate.—

(1)

In general.— The Administrator shall implement procedures to expedite the process for obtaining an Authorization for Special Issuance of a Medical Certificate under section 67.401 of title 14, Code of Federal Regulations.

(2)

Consultations.— In carrying out paragraph (1), the Administrator shall consult with aviation, medical, and union stakeholders.

(3)

Report required.— Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing how the procedures implemented under paragraph (1) will streamline the process for obtaining an Authorization for Special Issuance of a Medical Certificate and reduce the amount of time needed to review and decide special issuance cases.

(h)

Report Required.— Not later than 5 years after the date of enactment of this Act, the Administrator, in coordination with the National Transportation Safety Board, shall submit to the appropriate committees of Congress a report that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.

(i)

Prohibition on Enforcement Actions.— Beginning on the date that is 1 year after the date of enactment of this Act, the Administrator may not take an enforcement action for not holding a valid third-class medical certificate against a pilot of a covered aircraft for a flight if the pilot and the flight meet, through a good faith effort, the applicable requirements under subsection (a), except paragraph (5) of that subsection, unless the Administrator has published final regulations in the Federal Register under that subsection.

(j)

Covered Aircraft Defined.— In this section, the term “covered aircraft” means an aircraft that—

(1)

is authorized under Federal law to carry not more than 6 occupants; and

(2)

has a maximum certificated takeoff weight of not more than 6,000 pounds.

(k)

Operations Covered.— The provisions and requirements covered in this section do not apply to pilots who elect to operate under the medical requirements under subsection (b) or subsection (c) of section 61.23 of title 14, Code of Federal Regulations.

(l)

Authority To Require Additional Information.—

(1)

In general.— If the Administrator receives credible or urgent information, including from the National Driver Register or the Administrator’s Safety Hotline, that reflects on an individual’s ability to safely operate a covered aircraft under the third-class medical certificate exemption in subsection (a), the Administrator may require the individual to provide additional information or history so that the Administrator may determine whether the individual is safe to continue operating a covered aircraft.

(2)

Use of information.— The Administrator may use credible or urgent information received under paragraph (1) to request an individual to provide additional information or to take actions under section 44709(b) of title 49, United States Code.

SEC. 2308. Tarmac Delays.

(a)

Deplaning Following Excessive Tarmac Delay.— Section 42301(b)(3) of title 49, United States Code, is amended—

(1)

by redesignating subparagraph (C) as subparagraph (D);

(2)

by inserting after subparagraph (B) the following:

“(C) In providing the option described in subparagraph (A), the air carrier shall begin to return the aircraft to a suitable disembarkation point—

“(i) in the case of a flight in interstate air transportation, not later than 3 hours after the main aircraft door is closed in preparation for departure; and

“(ii) in the case of a flight in foreign air transportation, not later than 4 hours after the main aircraft door is closed in preparation for departure.”

; and

(3)

in subparagraph (D) (as redesignated by paragraph (1) of this subsection) by striking “ subparagraphs (A) and (B)” and inserting “ subparagraphs (A), (B), and (C)”.

(b)

Excessive Tarmac Delay Defined.— Section 42301(i)(4) of title 49, United States Code, is amended to read as follows:

“(4) Excessive tarmac delay.—The term ‘excessive tarmac delay’ means a tarmac delay of more than—

“(A) 3 hours for a flight in interstate air transportation; or

“(B) 4 hours for a flight in foreign air transportation.”

(c)

Regulations.— Not later than 90 days after the date of enactment of this section, the Secretary of Transportation shall issue regulations and take other actions necessary to carry out the amendments made by this section.

SEC. 2309. Family Seating.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall review and, if appropriate, establish a policy directing all air carriers providing scheduled passenger interstate or intrastate air transportation to establish policies that enable a child, who is age 13 or under on the date an applicable flight is scheduled to occur, to be seated in a seat adjacent to the seat of an accompanying family member over the age of 13, to the maximum extent practicable and at no additional cost, except when assignment to an adjacent seat would require an upgrade to another cabin class or a seat with extra legroom or seat pitch for which additional payment is normally required.

(b)

Effect on Airline Boarding and Seating Policies.— When considering any new policy under this section, the Secretary shall consider the traditional seating and boarding policies of air carriers providing scheduled passenger interstate or intrastate air transportation and whether those policies generally allow families to sit together.

(c)

Statutory Construction.— Notwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a significant change in the overall seating or boarding policy of an air carrier providing scheduled passenger interstate or intrastate air transportation that has an open or flexible seating policy in place that generally allows adjacent family seating as described in subsection (a).

Lineage

Jul 15, 2016reading now Pub. L. 114–190 Enacted
Jul 15, 2016 H.R. 636 · Enrolled Bill Congress
Jul 11, 2016 H.R. 636 · Engrossed Amendment House House
Apr 13, 2016 H.R. 636 · Engrossed Amendment Senate Senate
Feb 23, 2015 H.R. 636 · Placed on Calendar Senate Senate Received
Feb 23, 2015 H.R. 636 · Received in Senate Senate Received
Feb 13, 2015 H.R. 636 · Engrossed in House House
Feb 2, 2015 H.R. 636 · Reported in House House Mr. Tiberi (for himself, Mr. Kind, Mr. Young of Indiana, Mr. Neal, Mr. Schock, Mr. Danny K. Davis of Illinois, Mr. Reed, and Mr. Smith of Missouri) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
Feb 2, 2015 H.R. 636 · Introduced in House House Mr. Tiberi (for himself, Mr. Kind, Mr. Young of Indiana, Mr. Neal, Mr. Schock, Mr. Danny K. Davis of Illinois, Mr. Reed, and Mr. Smith of Missouri) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned