(a) Short title.—This Act may be cited as the “Federal Aviation Administration Reauthorization Act of 2017”.

(b) Table of contents.—The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 49, United States Code.
Sec. 3. Definition of appropriate committees of Congress.
Sec. 4. Effective date.

Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

In this Act, the term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

Except as otherwise expressly provided, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

(a) Authorization.—Section 48103(a) is amended by striking “section 47505(a)(2), and carrying out noise compatibility programs under section 47504(c) $3,350,000,000 for each of fiscal years 2012 through 2017” and inserting “section 47505(a)(2), carrying out noise compatibility programs under section 47504(c), an airport cooperative research program under section 44511, Airports Technology-Safety research, and Airports Technology-Efficiency research $3,350,000,000 for fiscal year 2018 and $3,750,000,000 for each of fiscal years 2019 through 2021.”.

(b) Obligational authority.—Section 47104(c) is amended in the matter preceding paragraph (1) by striking “September 30, 2017” and inserting “September 30, 2021”.

Section 48101(a) is amended by striking paragraphs (1) through (5) and inserting the following:

“(1) $2,877,365,122 for fiscal year 2018.

“(2) $2,889,379,240 for fiscal year 2019.

“(3) $2,906,007,932 for fiscal year 2020.

“(4) $2,921,493,286 for fiscal year 2021.”.

(a) In general.—Section 106(k)(1) is amended by striking subparagraphs (A) through (E) and inserting the following:

“(A) $10,123,257,311 for fiscal year 2018;

“(B) $10,233,107,832 for fiscal year 2019;

“(C) $10,341,034,956 for fiscal year 2020; and

“(D) $10,453,299,174 for fiscal year 2021.”.

(b) Authorized expenditures.—Section 106(k)(2) is amended by striking “for fiscal years 2012 through 2015” each place it appears and inserting “for fiscal years 2018 through 2021”.

(c) Authority To transfer funds.—Section 106(k)(3) is amended by striking “2012 through 2017” and inserting “2018 through 2021”.

Section 48102 is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1)—

(i) by striking “44511–44513” and inserting “44512–44513”; and

(ii) by striking “and, for each of fiscal years 2012 through 2015, under subsection (g)”; and

(B) by striking paragraphs (1) through (9) and inserting the following:

“(1) $175,000,000 for fiscal year 2018.

“(2) $175,000,000 for fiscal year 2019.

“(3) $175,000,000 for fiscal year 2020.

“(4) $175,000,000 for fiscal year 2021.”; and

(2) in subsection (b), by striking paragraph (3).

(a) Airport and airway trust fund guarantee.—Section 48114(a)(1)(A) is amended to read as follows:

“(A) IN GENERAL.—The total budget resources made available from the Airport and Airway Trust Fund each fiscal year under sections 48101, 48102, 48103, and 106(k)—

“(i) shall, in each of fiscal years 2018 through 2021, be equal to—

“(I) the sum of—

“(aa) 90 percent of the estimated level of receipts plus interest credited to the Airport and Airway Trust Fund for that fiscal year; and

“(bb) the actual level of receipts plus interest credited to the Airport and Airway Trust Fund for the second preceding fiscal year minus the total amount made available for obligation from the Airport and Airway Trust Fund for the second preceding fiscal year; and

“(II) less the amount calculated under subclause (I)(bb) for the fourth preceding year; and

“(ii) may be used only for the aviation investment programs listed in subsection (b)(1).”.

(b) Enforcement of guarantees.—Section 48114(c)(2) is amended by striking “2017” and inserting “2021”.

(a) Marshall Islands, Micronesia, and Palau.—Section 47115(j) is amended by striking “2017” and inserting “2021”.

(b) Extension of compatible land use planning and projects by State and local governments.—Section 47141(f) is amended by striking “September 30, 2017” and inserting “September 30, 2021”.

(c) Extension of pilot program for redevelopment of airport properties.—Section 822(k) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47141 note) is amended by striking “September 30, 2017” and inserting “September 30, 2021”.

Section 47114(c)(1) is amended by striking subparagraph (F) and inserting the following:

“(F) SPECIAL RULE FOR FISCAL YEARS 2017 THROUGH 2021.—Notwithstanding subparagraph (A) and subject to subparagraph (G), the Secretary shall apportion to a sponsor of an airport under that subparagraph for each of fiscal years 2017 through 2021 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, 2018, 2019, 2020, or 2021, as applicable, under subparagraph (A); and

“(iii) had scheduled air service at any point in the calendar year used to calculate the apportionment.

“(G) LIMITATIONS AND WAIVERS.—The authority to make apportionments in the manner prescribed in subparagraph (F) may be utilized no more than 3 years in a row. The Secretary may waive this limitation if the Secretary determines that an airport’s enplanements are substantially close to 10,000 enplanements and the airport sponsor or affected communities are taking reasonable steps to restore enplanements above 10,000.

“(H) MINIMUM APPORTIONMENT FOR COMMERCIAL SERVICE AIRPORTS WITH MORE THAN 8,000 PASSENGER BOARDINGS IN A CALENDAR YEAR.—Not less than $600,000 may be apportioned under subparagraph (A) for each fiscal year to each sponsor of a commercial service airport that had fewer than 10,000 passenger boardings, but at least 8,000 passenger boardings, during the prior calendar year.”.

(a) In general.—The Administrator of the Federal Aviation Administration, to the extent practicable, shall schedule the Administrator’s review of construction projects so that projects to be carried out in the States in which the weather during a typical calendar year prevents major construction projects from being carried out before May 1 are reviewed as early as possible.

(b) Report.—The Administrator shall update the appropriate committees of Congress annually on the effectiveness of the review and prioritization.

Section 47128(a) is amended by striking “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” and inserting “15 qualified States for fiscal year 2018 and each fiscal year thereafter”.

(a) Special rule.—Section 47124(b)(1)(B) is amended by striking “after such determination is made” and inserting “after the end of the period described in subsection (d)(6)(C)”.

(b) Contract Air Traffic Control Tower Cost-share Program; funding.—Section 47124(b)(3)(E) is amended to read as follows:

“(E) FUNDING.—Of the amounts appropriated under section 106(k)(1), such sums as may be necessary may be used to carry out this paragraph.”.

(c) Cap on Federal share of cost of construction.—Section 47124(b)(4)(C) is amended by striking “$2,000,000” and inserting “$4,000,000”.

(d) Cost benefit ratio revision.—Section 47124 is amended by adding at the end the following:

“(d) Cost benefit ratios.—

“(1) CONTRACT AIR TRAFFIC CONTROL TOWER PROGRAM AT COST-SHARE AIRPORTS.—Beginning on the date of enactment of the Federal Aviation Administration Reauthorization Act of 2017, if an air traffic control tower is operating under the Cost-share Program, the Secretary shall annually calculate a new benefit-to-cost ratio for the tower.

“(2) CONTRACT TOWER PROGRAM AT NON-COST-SHARE AIRPORTS.—Beginning on the date of enactment of the Federal Aviation Administration Reauthorization Act of 2017, if a tower is operating under the Contract Tower Program and continued under subsection (b)(1), the Secretary shall not calculate a new benefit-to-cost ratio for the tower unless the annual aircraft traffic at the airport where the tower is located decreases by more than 25 percent from the previous year or by more than 60 percent over a 3-year period.

“(3) CONSIDERATIONS.—In establishing a benefit-to-cost ratio under paragraph (1) or paragraph (2), the Secretary may consider only the following costs:

“(A) The Federal Aviation Administration's actual cost of wages and benefits of personnel working at the tower.

“(B) The Federal Aviation Administration's actual telecommunications costs of the tower.

“(C) Relocation and replacement costs of equipment of the Federal Aviation Administration associated with the tower, if paid for by the Federal Aviation Administration.

“(D) Logistics, such as direct costs associated with establishing or updating the tower's interface with other systems and equipment of the Federal Aviation Administration, if paid for by the Federal Aviation Administration.

“(4) EXCLUSIONS.—In establishing a benefit-to-cost ratio under paragraph (1) or paragraph (2), the Secretary may not consider the following costs:

“(A) Airway facilities costs, including labor and other costs associated with maintaining and repairing the systems and equipment of the Federal Aviation Administration.

“(B) Costs for depreciating the building and equipment owned by the Federal Aviation Administration.

“(C) Indirect overhead costs of the Federal Aviation Administration.

“(D) Costs for utilities, janitorial, and other services paid for or provided by the airport or the State or political subdivision of a State having jurisdiction over the airport where the tower is located.

“(E) The cost of new or replacement equipment, or construction of a new or replacement tower, if the costs incurred were incurred by the airport or the State or political subdivision of a State having jurisdiction over the airport where the tower is or will be located.

“(F) Other expenses of the Federal Aviation Administration not directly associated with the actual operation of the tower.

“(5) MARGIN OF ERROR.—The Secretary shall add a 5 percent margin of error to a benefit-to-cost ratio determination to acknowledge and account for any direct or indirect factors that are not included in the criteria the Secretary used in calculating the benefit-to-cost ratio.

“(6) PROCEDURES.—The Secretary shall establish procedures—

“(A) to allow an airport or the State or political subdivision of a State having jurisdiction over the airport where the tower is located not less than 90 days following the receipt of an initial benefit-to-cost ratio determination from the Secretary—

“(i) to request the Secretary reconsider that determination; and

“(ii) to submit updated or additional data to the Secretary in support of the reconsideration;

“(B) to allow the Secretary not more than 90 days to review the data submitted under subparagraph (A)(ii) and respond to the request under subparagraph (A)(i);

“(C) to allow the airport, State, or political subdivision of a State, as applicable, 30 days following the date of the response under subparagraph (B) to review the response before any action is taken based on a benefit-to-cost determination; and

“(D) to provide, after the end of the period described in subparagraph (C), an 18-month grace period before cost-share payments are due from the airport, State, or political subdivision of a State if as a result of the benefit-to-cost ratio determination the airport, State, or political subdivision, as applicable, is required to transition to the Cost-share Program.

“(e) Definitions.—In this section:

“(1) CONTRACT TOWER PROGRAM.—The term ‘Contract Tower Program’ means the level I air traffic control tower contract program established under subsection (a) and continued under subsection (b)(1).

“(2) COST-SHARE PROGRAM.—The term ‘Cost-share Program’ means the cost-share program established under subsection (b)(3).”.

(e) Conforming amendments.—Section 47124(b) is amended—

(1) in paragraph (1)(C), by striking “the program established under paragraph (3)” and inserting “the Cost-share Program”;

(2) in paragraph (3)—

(A) in the heading, by striking “Contract air traffic control tower program” and inserting “Cost-share program”;

(B) in subparagraph (A), by striking “contract tower program established under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the ‘Contract Tower Program’)” and inserting “Contract Tower Program”;

(C) in subparagraph (B), by striking “In carrying out the program” and inserting “In carrying out the Cost-share Program”;

(D) in subparagraph (C), by striking “participate in the program” and inserting “participate in the Cost-share Program”;

(E) in subparagraph (D), by striking “under the program” and inserting “under the Cost-share Program”; and

(F) in subparagraph (F), by striking “the program continued under paragraph (1)” and inserting “the Contract Tower Program”; and

(3) in paragraph (4)(B)(i)(I), by striking “contract tower program established under subsection (a) and continued under paragraph (1) or the pilot program established under paragraph (3)” and inserting “Contract Tower Program or the Cost-share Program”.

(f) Exemption.—Section 47124(b)(3)(D) is amended by adding at the end the following: “Airports with both Part 121 air service and more than 25,000 passenger enplanements in calendar year 2014 shall be exempt from any cost share requirement under the Cost-share Program.”.

(g) Savings provision.—Notwithstanding the amendments made by this section, the towers for which assistance is being provided under section 41724 of title 49, United States Code, on the day before the date of enactment of this Act may continue to be provided such assistance under the terms of that section as in effect on that day.

(a) In general.—If the Administrator of the Federal Aviation Administration has not implemented a revised cost-benefit methodology for purposes of determining eligibility for the Contract Tower Program before the date that is 30 days after the date of enactment of this Act, any air traffic control tower with an application for participation in the Contract Tower Program pending as of January 1, 2017, shall be approved for participation in the Contract Tower Program if the Administrator determines the tower is eligible under the criteria set forth in the Federal Aviation Administration report entitled, “Establishment and Discontinuance Criteria for Airport Traffic Control Towers”, and dated August 1990 (FAA–APO–90–7).

(b) Requests for additional authority.—The Administrator shall respond not later than 30 days after the date the Administrator receives a formal request from an airport and air traffic control contractor for additional authority to expand contract tower operational hours and staff to accommodate flight traffic outside of current tower operational hours.

(c) Definition of Contract Tower Program.—In this section, the term “Contract Tower Program” has the meaning given the term in section 47124(e) of title 49, United States Code, as added by section 1204 of this Act.

(a) Pilot program.—

(1) ESTABLISHMENT.—The Administrator of the Federal Aviation Administration shall establish—

(A) in consultation with airport operators and general aviation users, a pilot program at public-use airports to construct and operate remote towers;

(B) a selection process for participation in the pilot program; and

(C) a clear process for the safety and operational certification of the remote towers.

(2) SAFETY CONSIDERATIONS.—In establishing the pilot program, the Administrator shall consult with operators of remote towers in foreign countries to design the pilot program in a manner that leverages as many safety and airspace efficiency benefits as possible.

(3) REQUIREMENTS.—In selecting the airports for participation in the pilot program, the Administrator shall—

(A) to the extent practicable, ensure that at least 2 different vendors of remote tower systems participate;

(B) include at least 1 airport currently in the Contract Tower Program and at least 1 airport that does not have an air traffic control tower; and

(C) clearly identify the analysis relating to the feasibility, safety, cost, and benefits of remote towers that will be addressed at each airport.

(4) SELECTION CRITERIA.—In selecting an airport for participation in the pilot program, the Administrator shall consider—

(A) how inclusion of that airport will add value to assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers;

(B) the amount and variety of air traffic at an airport; and

(C) the costs and benefits of including that airport.

(5) DATA.—The Administrator shall clearly identify and collect air traffic control information and data from participating airports that will assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers.

(6) REPORT.—Not later than 1 year after the date the first remote tower is operational, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress a report—

(A) detailing any benefits, costs, or safety improvements associated with the use of the remote towers; and

(B) evaluating the feasibility of using remote towers, particularly in the Contract Tower Program, for airports without an air traffic control tower, or to improve safety at airports with towers.

(7) DEADLINE.—Not later than 1 year after the date of enactment of this Act, the Administrator shall select airports for participation in the pilot program.

(8) DEFINITIONS.—In this subsection:

(A) CONTRACT TOWER PROGRAM.—The term “Contract Tower Program” has the meaning given the term in section 47124(e) of title 49, United States Code, as added by section 1204 of this Act.

(B) REMOTE TOWER.—The term “remote tower” means a remotely operated air navigation facility, including all necessary system components, that provides the functions and capabilities of an air traffic control tower whereby air traffic services are provided to operators at an airport from a location that may not be on or near the airport.

(b) Remote tower program.—Not later than 30 days after the date on which the first remote tower is commissioned to operate under this section, the Administrator shall establish a process to authorize the construction and commissioning operation of additional remote towers, that are certificated under subsection (a)(1)(C), at other airports.

(c) AIP funding eligibility.—For purposes of the pilot program under subsection (a), and after certificated remote towers are available under subsection (b), constructing a remote tower or acquiring and installing air traffic control, communications, or related equipment for a remote tower shall be considered airport development (as defined in section 47102 of title 49, United States Code) for purposes of subchapter I of chapter 471 of that title if components are installed and used at the airport, except, as needed, for off-airport sensors installed on leased towers.

Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176; 117 Stat. 2518) is amended by striking “and for the period beginning on October 1, 2015, and ending on September 30, 2017,” and inserting “and for fiscal years 2018 through 2021”.

(a) Airport development grant assurances.—Section 47107(b) is amended by adding at the end the following:

“(4) This subsection does not prevent the use of airport revenue for the maintenance and improvement of the on-airport portion of a surface transportation facility providing access to an airport and non-airport locations if the surface transportation facility is owned or operated by the airport owner or operator and the use of airport revenue is prorated to airport use and limited to portions of the facility located on the airport. The Secretary shall determine the maximum percentage contribution of airport revenue toward surface transportation facility maintenance or improvement, taking into consideration the current and projected use of the surface transportation facility located on the airport for airport and non-airport purposes. The de minimus use, as determined by the Secretary, of a surface transportation facility for non-airport purposes shall not require prorating.”.

(b) Restrictions on the use of airport revenue.—Section 47133(c) is amended—

(1) by inserting “(1)” before “Nothing” and indenting appropriately; and

(2) by adding at the end the following:

“(2) Nothing in this section may be construed to prevent the use of airport revenue for the prorated maintenance and improvement costs of the on-airport portion of the surface transportation facility, subject to the provisions of section 47107(b)(4).”.

(a) Repeal.—Section 47136 is repealed.

(b) Technical and conforming amendments.—The table of contents for chapter 471 is amended by striking the item relating to section 47136 and inserting the following:

“47136. [Reserved].”.

Section 47136a is amended—

(1) in subsection (a), by striking “, including” and inserting “used exclusively for transporting passengers on-airport or for employee shuttle buses within the airport, including”; and

(2) in subsection (f), by inserting “, as in effect on the day before the date of enactment of the Federal Aviation Administration Reauthorization Act of 2017,” after “section 47136”.

(a) Repeal.—Section 47140 is repealed.

(b) Technical and conforming amendments.—The table of contents for chapter 471 is amended by striking the item relating to section 47140 and inserting the following:

“47140. [Reserved].”.

(a) Cost reimbursements.—Section 47140a(a) is amended by striking “airport.” and inserting “airport, and to reimburse the airport sponsor for the costs incurred in conducting the assessment.”.

(b) Safety priority.—Section 47140a(b)(2) is amended by inserting “, including a certification that no safety projects would be deferred by prioritizing a grant under this section,” after “an application”.

Section 47106(a) is amended—

(1) in paragraph (5), by striking “; and” and inserting a semicolon;

(2) in paragraph (6)—

(A) in the matter preceding subparagraph (A), by striking “for an airport that has an airport master plan, the master plan addresses” and inserting “a master plan project, it will address”; and

(B) in subparagraph (E), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(7) if the project is at an unclassified airport, the project will be funded with an amount apportioned under section 47114(d)(3)(B) and is—

“(A) for maintenance of the pavement of the primary runway;

“(B) for obstruction removal for the primary runway;

“(C) for the rehabilitation of the primary runway; or

“(D) a project that the Secretary considers necessary for the safe operation of the airport.”.

Section 44502(e) is amended by striking the first sentence and inserting “An airport may transfer, without consideration, to the Administrator of the Federal Aviation Administration an instrument landing system consisting of a glide slope and localizer that conforms to performance specifications of the Administrator if an airport improvement project grant was used to assist in purchasing the system, and if the Federal Aviation Administration has determined that a satellite navigation system cannot provide a suitable approach.”.

(a) In general.—Subchapter I of chapter 471 is amended by inserting after section 47142 the following:

(b) Technical and conforming amendments.—The table of contents of chapter 471 is amended by inserting after the item relating to section 47142 the following:

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

Section 47102 is amended—

(1) by redesignating paragraphs (10) through (28) as paragraphs (12) through (30), respectively;

(2) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively;

(3) in paragraph (3)—

(A) in subparagraph (B)—

(i) by redesignating clauses (iii) through (x) as clauses (iv) through (xi), respectively; and

(ii) by striking clause (ii) and inserting the following:

“(ii) security equipment owned and operated by the airport, including explosive detection devices, universal access control systems, perimeter fencing, and emergency call boxes, which the Secretary may require by regulation for, or approve as contributing significantly to, the security of individuals and property at the airport;

“(iii) safety apparatus owned and operated by the airport, which the Secretary may require by regulation for, or approve as contributing significantly to, the safety of individuals and property at the airport, and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices;”;

(B) in subparagraph (K), by striking “7505a) and if such project will result in an airport receiving appropriate” and inserting “7505a)) and if the airport would be able to receive”; and

(C) in subparagraph (L)—

(i) by striking “or conversion of vehicles and” and inserting “of vehicles used exclusively for transporting passengers on-airport, employee shuttle buses within the airport, or”;

(ii) by striking “airport, to” and inserting “airport and equipped with”; and

(iii) by striking “7505a) and if such project will result in an airport receiving appropriate” and inserting “7505a)) and if the airport would be able to receive”;

(4) in paragraph (5), by striking “regulations” and inserting “requirements”;

(5) by inserting after paragraph (6) the following:

“(7) ‘categorized airport’ means a nonprimary airport that has an identified role in the most recently published National Plan of Integrated Airport Systems (NPIAS) report.”;

(6) in paragraph (9), as redesignated, by striking “public” and inserting “public-use”;

(7) by inserting after paragraph (10), as redesignated, the following:

“(11) ‘joint use airport’ means an airport owned by the Department of Defense, at which both military and civilian aircraft make shared use of the airfield.”;

(8) in paragraph (24), as redesignated, by amending subparagraph (B)(i) to read as follows:

“(i) determined by the Secretary to have at least—

“(I) 100 based aircraft that are currently registered with the Federal Aviation Administration under chapter 445 of this title; and

“(II) 1 based jet aircraft that is currently registered with the Federal Aviation Administration where, for the purposes of this clause, ‘based’ means the aircraft or jet aircraft overnights at the airport for the greater part of the year; or”; and

(9) by adding at the end the following:

“(31) ‘unclassified airport’ means a nonprimary airport that is included in the most recently published National Plan of Integrated Airport Systems (NPIAS) report that is not categorized by the Administrator of the Federal Aviation Administration in the most current report entitled General Aviation Airports: A National Asset.”.

Section 47503(b) is amended—

(1) by striking “a change in the operation of the airport would establish” and inserting “there is a change in the operation of the airport that would establish”; and

(2) by inserting after “reduction” the following: “if the change has occurred during the longer of—

“(1) the noise exposure map period forecast by the airport operator under subsection (a); or

“(2) the implementation timeframe of the operator’s noise compatibility program”.

Section 44502 is amended by adding at the end the following:

“(f) Airport space.—

“(1) RESTRICTION.—The Administrator may not require an airport owner or sponsor (as defined in section 47102) to provide to the Federal Aviation Administration without cost any of the following:

“(A) Building construction, maintenance, utilities, or expenses for services relating to air traffic control, air navigation, or weather reporting.

“(B) Space in a facility owned by the airport owner or sponsor for services relating to air traffic control, air navigation, or weather reporting.

“(2) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to affect—

“(A) any agreement the Secretary may have or make with an airport owner or sponsor for the airport owner or sponsor to provide any of the items described in subparagraph (A) or subparagraph (B) of paragraph (1) at below-market rates; or

“(B) any grant assurance that requires an airport owner or sponsor to provide land to the Administration without cost for an air traffic control facility.”.

The Administrator may not discontinue the Contract Weather Observer Program at any airport until October 1, 2021.

Section 47109(a)(5) is amended to read as follows:

“(5) 95 percent for a project at an airport for which the United States Government’s share would otherwise be capped at 90 percent under paragraph (2) or paragraph (3) if the Administrator determines that the project is a successive phase of a multi-phased construction project for which the sponsor received a grant in fiscal year 2011 or earlier.”.

(a) Airport security program.—Section 47137 is amended—

(1) in subsection (a), by striking “Transportation” and inserting “Homeland Security”;

(2) in subsection (e), by striking “Homeland Security” and inserting “Transportation”; and

(3) in subsection (g), by inserting “of Transportation” after “Secretary” the first place it appears.

(b) Section 516 property conveyance releases.—Section 817(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47125 note) is amended—

(1) by striking “or section 23” and inserting “, section 23”; and

(2) by inserting before the period at the end the following: “, or section 47125 of title 49, United States Code”.

(a) Lactation area defined.—Section 47102, as amended by section 1216 of this Act, is further amended—

(1) by redesignating paragraphs (12) through (31) as paragraphs (13) through (32), respectively; and

(2) by inserting after paragraph (11) the following:

“(12) ‘lactation area’ means a room or similar accommodation that—

“(A) provides a location for an individual to express breast milk that is shielded from view and free from intrusion;

“(B) has a door that can be locked by the individual;

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

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

“(E) is not located in a restroom.”.

(b) Project grants written assurances for large and medium hub airports.—

(1) IN GENERAL.—Section 47107(a) is amended—

(A) in paragraph (20), by striking “and” at the end;

(B) in paragraph (21), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(22) with respect to a medium hub airport or large hub airport, the airport owner or operator will maintain a lactation area in each passenger terminal building of the commercial service airport in the sterile area (as defined in section 1540.5 of title 49, Code of Federal Regulations) of the building.”.

(2) APPLICABILITY.—

(A) IN GENERAL.—The amendment made by paragraph (1) shall apply to a project grant application submitted for a fiscal year beginning on or after the date that is 2 years after the date of enactment of this Act.

(B) SPECIAL RULE.—The requirement in the amendments made by paragraph (1) that a lactation area be located in the sterile area of a passenger terminal building shall not apply with respect to a project grant application for a period of time, determined by the Secretary of Transportation, if the Secretary determines that construction or maintenance activities make it impracticable or unsafe for the lactation area to be located in the sterile area of the building.

(c) Terminal development costs.—Section 47119(a) is amended by adding at the end the following:

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

(d) Pre-Existing facilities.—On application by an airport sponsor, the Secretary of Transportation may determine that a lactation area in existence on the date of enactment of this Act complies with the requirement of section 47107(a)(22) of title 49, United States Code, as added by subsection (b), notwithstanding the absence of one of the facilities or characteristics referred to in the definition of the term “lactation area” in section 47102 of that title, as added by subsection (a).

Section 47113(a)(1) is amended to read as follows:

“(1) ‘small business concern’—

“(A) has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632); but

“(B) in the case of a concern in the construction industry, a concern shall be considered a small business concern if the concern meets the size standard for the North American Industry Classification System Code 237310, as adjusted by the Small Business Administration;”.

Section 47105(c) is amended—

(1) by inserting “(1) In general.—” before “The Secretary” the first place it appears; and

(2) by adding at the end the following:

“(2) PAVEMENT STANDARDS.—

“(A) TECHNICAL ASSISTANCE.—At the request of a State, the Secretary shall, not later than 30 days after the date of the request, provide technical assistance to the State in developing standards, acceptable to the Secretary under subparagraph (B), for pavement on nonprimary public-use airports in the State.

“(B) REQUIREMENTS.—The Secretary shall—

“(i) continue to provide technical assistance under subparagraph (A) until the standards are approved under paragraph (1); and

“(ii) clearly indicate to the State the standards that are acceptable to the Secretary, considering, at a minimum, local conditions and locally available materials.”.

(a) Short title.—This subtitle may be cited as the “Forward Looking Investment in General Aviation, Hangars, and Tarmacs Act of 2017” or the “FLIGHT Act of 2017”.

(a) Apportionment.—Section 47114(d)(3) is amended—

(1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively;

(2) by inserting before subparagraph (B), as redesignated, the following:

“(A) Not less than $25,000,000 to airports designated as disaster relief airports under section 47132 to enhance the ability of such airports to aid in disaster relief, including through funding for airport development described in section 47102(3)(P).”; and

(3) in subparagraph (B), as redesignated, by striking “To each airport” and inserting “Subject to subparagraph (A), to each airport”.

(b) Period of availability.—Section 47117(b) is amended by striking “3” and inserting “4”.

(c) United states share of project costs.—Section 47109 is amended by adding at the end the following:

“(g) Cost share.—

“(1) IN GENERAL.—Subject to paragraph (2), the Government’s share of allowable project costs may be increased by the Administrator to 95 percent for a project at an airport that is categorized as a basic or unclassified airport in the most recently published National Plan of Integrated Airport Systems (NPIAS) report.

“(2) MULTI-YEAR PROJECTS.—If an airport sponsor has an approved multi-year project, approved by the Administrator, and the airport is recategorized above basic category, the cost share for that project shall remain at the cost share specified in paragraph (1) for the duration of the project.”.

(d) Use of apportioned amounts.—Section 47117(e)(1) is amended by adding at the end the following:

“(D) All amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(d), for grants to sponsors of general aviation airports, reliever airports, or nonprimary commercial service airports.”.

(a) In general.—Section 47171 is amended—

(1) in subsection (a), in the matter preceding paragraph (1), by inserting “general aviation airport construction or improvement projects,” after “congested airports,”;

(2) in subsection (b)—

(A) by redesignating paragraph (2) as paragraph (3); and

(B) by inserting after paragraph (1) the following:

“(2) GENERAL AVIATION AIRPORT CONSTRUCTION OR IMPROVEMENT PROJECT.—A general aviation airport construction or improvement project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.”;

(3) in subsection (c)(1), by striking “(b)(2)” and inserting “(b)(3)”;

(4) in subsection (d), by striking “(b)(2)” and inserting “(b)(3)”;

(5) in subsection (h), by striking “(b)(2)” and inserting “(b)(3)”; and

(6) in subsection (k), by striking “(b)(2)” and inserting “(b)(3)”.

(b) Definitions.—Section 47175 is amended—

(1) by redesignating paragraphs (1), (2), (3), (4), and (5) as paragraphs (2), (5), (1), (3), and (4), respectively, and by rearranging such paragraphs so that they appear in numerical order;

(2) by redesignating paragraph (7) as paragraph (8); and

(3) by inserting after paragraph (6) the following:

“(7) GENERAL AVIATION AIRPORT CONSTRUCTION OR IMPROVEMENT PROJECT.—The term ‘general aviation airport construction or improvement project’ means—

“(A) a project for the construction or extension of a runway, including any land acquisition, taxiway, safety area, apron, or navigational aids associated with the runway or runway extension, at a general aviation airport, a reliever airport, or a commercial service airport that is not a primary airport (as such terms are defined in section 47102); and

“(B) any other airport development project that the Secretary designates as facilitating aviation capacity building projects at a general aviation airport.”.

(a) In general.—Chapter 481 of title 49, United States Code, is amended by adding at the end the following:

(b) Table of contents.—The table of contents for chapter 481 is amended by adding at the end the following:

“48115. General aviation public-private partnership program.”.

(a) Designation of disaster relief airports.—

(1) IN GENERAL.—Subchapter I of chapter 471 is amended by inserting after section 47131 the following:

(b) Table of contents.—The table of contents for chapter 471 is amended by inserting after the item relating to section 47131 the following:

“47132. Disaster relief airports.”.

Section 47102(3), as amended by sections 1216 and 1222, is further amended by adding at the end the following:

“(P) planning, acquiring, or constructing at an airport designated as a disaster relief airport under section 47132, including—

“(i) planning for disaster preparedness associated with maintaining airport operations during a natural disaster;

“(ii) airport communication equipment and fixed emergency generators that are not able to be acquired by programs funded under the Department of Homeland Security; and

“(iii) constructing, expanding, and improving airfield infrastructure to include aprons and terminal buildings the Secretary determines will facilitate disaster response at the airport.”.

Section 47107 is amended by adding at the end the following:

“(u) Construction, repair, and restoration of recreational aircraft.—

“(1) IN GENERAL.—The construction of a covered aircraft shall be treated as an aeronautical activity for purposes of—

“(A) determining an airport sponsor’s compliance with a grant assurance made under this section or any other provision of law; and

“(B) the receipt of Federal financial assistance for airport development.

“(2) COVERED AIRCRAFT DEFINED.—In this subsection, the term ‘covered aircraft’ means an aircraft—

“(A) used or intended to be used exclusively for recreational purposes to be operated under appropriate regulations under title 14 of the Code of Federal Regulations; and

“(B) constructed or under construction, repair, or restoration by a private individual at a general aviation airport.”.

(a) Passenger facility charges; general authority.—Section 40117(b)(4) is amended—

(1) in the matter preceding subparagraph (A), by striking “, if the Secretary finds—” and inserting a period; and

(2) by striking subparagraphs (A) and (B).

(b) Pilot program for passenger facility charge authorizations at nonhub airports.—Section 40117(l) is amended—

(1) in the heading by striking “nonhub” and inserting “certain”;

(2) in paragraph (1), by striking “nonhub” and inserting “nonhub, small hub, medium hub, and large hub”; and

(3) in paragraph (6), by striking “Not later than 180 days after the date of enactment of this subsection, the” and inserting “The”.

Section 40117 is amended by adding at the end the following:

“(n) PFC eligibility for intermodal ground access projects.—

“(1) IN GENERAL.—The Secretary may authorize a passenger facility charge imposed under subsection (b)(1) to be used to finance the eligible capital costs of an intermodal ground access project.

“(2) DEFINITION OF INTERMODAL GROUND ACCESS PROJECT.—In this subsection, the term ‘intermodal ground access project’ means a project for constructing a local facility owned or operated by an eligible agency that—

“(A) is located on airport property; and

“(B) is directly and substantially related to the movement of passengers or property traveling in air transportation.

“(3) ELIGIBLE CAPITAL COSTS.—The eligible capital costs of an intermodal ground access project shall be the lesser of—

“(A) the total capital cost of the project multiplied by the ratio that the number of individuals projected to use the project to gain access to or depart from the airport bears to the total number of individuals projected to use the local facility; or

“(B) the total cost of the capital improvements that are located on airport property.

“(4) DETERMINATIONS.—The Secretary shall determine the projected use and cost of a project for purposes of paragraph (3) at the time the project is approved under this subsection, except that, in the case of a project to be financed in part using funds administered by the Federal Transit Administration, the Secretary shall use the travel forecasting model for the project at the time the project is approved by the Federal Transit Administration to enter preliminary engineering to determine the projected use and cost of the project for purposes of paragraph (3).

“(5) NONATTAINMENT AREAS.—For airport property, any area of which is located in a nonattainment area (as defined under section 171 of the Clean Air Act (42 U.S.C. 7501)) for 1 or more criteria pollutant, the airport emissions reductions from less airport surface transportation and parking as a direct result of the development of an intermodal project on the airport property would be eligible for air quality emissions credits.”.

(a) Future aviation infrastructure and financing study.—Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an agreement with qualified organization to conduct a study and make recommendations on the actions needed to upgrade and restore the national aviation infrastructure system to its role as a premier system that meets the growing and shifting demands of the 21st century, including airport infrastructure needs and existing financial resources for commercial service airports.

(b) Consultation.—In carrying out the study, the qualified organization shall convene and consult with a panel of national experts, including representatives of—

(1) nonhub airports;

(2) small hub airports;

(3) medium hub airports;

(4) large hub airports;

(5) airports with international service;

(6) non-primary airports;

(7) local elected officials;

(8) relevant labor organizations;

(9) passengers;

(10) air carriers; and

(11) the tourism industry.

(c) Considerations.—In carrying out the study, the qualified organization shall consider—

(1) the ability of airport infrastructure to meet current and projected passenger volumes;

(2) the available financial tools and resources for airports of different sizes;

(3) the current debt held by airports, and its impact on future construction and capacity needs;

(4) the impact of capacity constraints on passengers and ticket prices;

(5) the purchasing power of the passenger facility charge from the last increase in 2000 to the year of enactment of this Act;

(6) the impact to passengers and airports of indexing the passenger facility charge for inflation;

(7) how long airports are constrained with current passenger facility charge collections;

(8) the impact of passenger facility charges on promoting competition;

(9) the additional resources or options to fund terminal construction projects;

(10) the resources eligible for use toward noise reduction and emission reduction projects;

(11) the gap between the cost of projects eligible for the airport improvement program and the annual Federal funding provided;

(12) the impact of regulatory requirements on airport infrastructure financing needs;

(13) airline competition;

(14) airline ancillary fees and their impact on ticket pricing and taxable revenue; and

(15) the ability of airports to finance necessary safety, security, capacity, and environmental projects identified in capital improvement plans.

(d) Report.—Not later than 15 months after the date of enactment of this Act, the qualified organization shall submit to the Secretary and the appropriate committees of Congress a report on its findings and recommendations.

(e) Funding.—The Secretary is authorized to use such sums as are necessary to carry out the requirements of this section.

(f) Definition of qualified organization.—In this section, the term “qualified organization” means an independent nonprofit organization that recommends solutions to public policy challenges through objective research and analysis.

Section 40117(a)(3)(G) is amended to read as follows:

“(G) A project to reduce emissions under subchapter I of chapter 471 or to use cleaner burning conventional fuels, or for acquiring for use at a commercial service airport vehicles or ground support equipment that include low-emission technology or to use cleaner burning fuels, or if the airport is located in an air quality nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area referred to in section 175A of such Act (42 U.S.C. 7505a), a project to retrofit any such vehicles or equipment that are powered by a diesel or gasoline engine with emission control technologies certified or verified by the Environmental Protection Agency to reduce emissions, if such project would be able to receive emission credits for the project from the governing State or Federal environmental agency as described in section 47139.”.

(a) In general.—Unless expressly provided otherwise, the terms used in this subtitle have the meanings given the terms in section 44801 of title 49, United States Code, as added by section 2121 of this Act.

(b) Definition of civil aircraft.—The term “civil aircraft” has the meaning given the term in section 40102 of title 49, United States Code.

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

It is the sense of Congress that—

(1) each person that uses an unmanned aircraft system for compensation or hire, or in the furtherance of a business enterprise, except for news gathering, should have a written privacy policy consistent with section 2101 that is appropriate to the nature and scope of the activities regarding the collection, use, retention, dissemination, and deletion of any data collected during the operation of an unmanned aircraft system;

(2) each privacy policy described in paragraph (1) should be periodically reviewed and updated as necessary; and

(3) each privacy policy described in paragraph (1) should be publicly available.

A violation of a privacy policy by a person that uses an unmanned aircraft system for compensation or hire, or in the furtherance of a business enterprise, in the national airspace system shall be an unfair and deceptive practice in violation of section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)).

(a) In general.—Except for model aircraft under section 44808 of title 49, United States Code, in authorizing the operation of any public unmanned aircraft system or the operation of any unmanned aircraft system by a person conducting civil aircraft operations, the Administrator of the Federal Aviation Administration, to the extent practicable and consistent with applicable law and without compromising national security, homeland defense, or law enforcement, shall make the identifying information in subsection (b) available to the public via an easily searchable online database. The Administrator shall place a clear and conspicuous link to the database on the home page of the Federal Aviation Administration’s Web site.

(b) Contents.—The database described in subsection (a) shall contain the following:

(1) The name of each individual, or agency, as applicable, authorized to conduct civil or public unmanned aircraft systems operations described in subsection (a).

(2) The name of each owner of an unmanned aircraft system described in paragraph (1).

(3) The expiration date of any authorization related to a person identified in paragraph (1) or paragraph (2).

(4) The contact information for each person identified in paragraphs (1) and (2), including a telephone number and an electronic mail address, in accordance with applicable privacy laws.

(5) The tail number or specific identification number of all unmanned aircraft authorized for use that links each unmanned aircraft to the owner of that aircraft.

(6) For any unmanned aircraft system, except those operated for news gathering activities protected by the First Amendment to the Constitution of the United States, that will collect personally identifiable information about individuals, including the use of facial recognition—

(A) the circumstance under which the system will be used;

(B) the specific kinds of personally identifiable information that the system will collect about individuals; and

(C) how the information referred to in subparagraph (B), and the conclusions drawn from such information, will be used, disclosed, and otherwise handled, including—

(i) how the collection or retention of such information that is unrelated to the specific use will be minimized;

(ii) under what circumstances such information might be sold, leased, or otherwise provided to third parties;

(iii) the period during which such information will be retained;

(iv) when and how such information, including information no longer relevant to the specified use, will be destroyed; and

(v) steps that will be used to protect against the unauthorized disclosure of any information or data, such as the use of encryption methods and other security features.

(7) With respect to public unmanned aircraft systems—

(A) the locations where the unmanned aircraft system will operate;

(B) the time during which the unmanned aircraft system will operate;

(C) the general purpose of the flight; and

(D) the technical capabilities that the unmanned aircraft system possesses.

(c) Records.—Each person described in subsection (b)(1), to the extent practicable without compromising national security, homeland defense, or law enforcement shall maintain and make available to the Administrator for not less than 1 year a record of the name and contact information of each person on whose behalf the unmanned aircraft system has been operated.

(d) Deadline.—The Administrator shall make the database available not later than 1 year after the date of enactment of this Act.

(e) Termination.—The Administrator may cease the operation of such database on the earlier of—

(1) the date of publication of a final rule or guidance regarding identification standards under section 2202 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615); or

(2) September 30, 2021.

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct and submit to the appropriate committees of Congress a review of the privacy issues and concerns associated with the operation of unmanned aircraft systems in the national airspace system that—

(1) examines and identifies the existing Federal, State, or local laws, including constitutional law, that address an individual's personal privacy;

(2) identifies specific issues and concerns that may limit the availability of existing civil or criminal legal remedies regarding inappropriate operation of unmanned aircraft systems in the national airspace system;

(3) identifies any deficiencies in current Federal, State, or local privacy protections; and

(4) recommends legislative or other actions to address the limitations and deficiencies identified in paragraphs (2) and (3).

(a) In general.—Part A of subtitle VII is amended by inserting after chapter 447 the following:

“Sec.
“44801. Definitions.

(b) Table of chapters.—The table of chapters for subtitle VII is amended by inserting after the item relating to chapter 447 the following:

• “448. Unmanned aircraft systems 44801”.

(a) In general.—Chapter 448, as designated by section 2121 of this Act, is amended by inserting after section 44801 the following:

(b) Technical and conforming amendments.—

(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as added by section 2121 of this Act, is further amended by inserting after the item relating to section 44801 the following:

“44802. Unmanned aircraft system test sites.”.

(2) PILOT PROJECTS.—Section 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is amended by striking subsection (c).

(a) In general.—Chapter 448, as amended by section 2122 of this Act, is further amended by inserting after section 44802 the following:

(b) Table of contents.—The table of contents for chapter 448, as amended by section 2122 of this Act, is further amended by inserting after the item relating to section 44802 the following:

“44803. Small unmanned aircraft safety standards.”.

(a) In general.—Chapter 448, as amended by section 2123 of this Act, is further amended by inserting after section 44803 the following:

(b) Technical and conforming amendments.—

(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2123 of this Act, is further amended by inserting after the item relating to section 44803 the following:

“44804. Small unmanned aircraft in the Arctic.”.

(2) EXPANDING USE OF UNMANNED AIRCRAFT SYSTEMS IN ARCTIC.—Section 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) is amended by striking subsection (d).

(a) In general.—Chapter 448, as amended by section 2124 of this Act, is further amended by inserting after section 44804 the following:

(b) Technical and conforming amendments.—

(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2124 of this Act, is further amended by inserting after the item relating to section 44804 the following:

“44805. Special authority for certain unmanned aircraft systems.”.

(2) SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.—Section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) and the item relating to that section in the table of contents under section 1(b) of that Act (126 Stat. 13) are repealed.

(a) Sense of Congress.—It is the sense of Congress that—

(1) beyond visual line of sight operations, nighttime operations, and operations over people of unmanned aircraft systems have tremendous potential—

(A) to enhance both commercial and academic use;

(B) to spur economic growth and development through innovative applications of this emerging technology; and

(C) to improve emergency response efforts as it relates to assessing damage to critical infrastructure such as roads, bridges, and utilities, including water and power, ultimately speeding response time;

(2) advancements in miniaturization of safety technologies, including for aircraft weighing under 4.4 pounds, have increased economic opportunities for using unmanned aircraft systems while reducing kinetic energy and risk compared to unmanned aircraft that may weigh 4.4 pounds or more, but less than 55 pounds;

(3) advancements in unmanned technology will have the capacity to ultimately improve manned aircraft safety; and

(4) integrating unmanned aircraft systems safely into the national airspace, including beyond visual line of sight operations, nighttime operations on a routine basis, and operations over people should remain a top priority for the Federal Aviation Administration as it pursues additional rulemakings under the amendments made by this section.

(b) In general.—Chapter 448, as amended by section 2125 of this Act, is further amended by inserting after section 44805 the following:

(c) Table of contents.—The table of contents for chapter 448, as amended by section 2125 of this Act, is further amended by inserting after the item relating to section 44805 the following:

“44806. Additional rulemaking authority.”.

(a) In general.—Chapter 448, as amended by section 2126 of this Act, is further amended by inserting after section 44806 the following:

(b) Technical and conforming amendments.—

(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2126 of this Act, is further amended by inserting after the item relating to section 44806 the following:

“44807. Public unmanned aircraft systems.”.

(2) PUBLIC UNMANNED AIRCRAFT SYSTEMS.—Section 334 of the FAA Modernization and reform Act of 2012 (49 U.S.C. 40101 note) and the item relating to that section in the table of contents under section 1(b) of that Act (126 Stat. 13) are repealed.

(3) FACILITATING INTERAGENCY COOPERATION FOR UNMANNED AIRCRAFT AUTHORIZATION IN SUPPORT OF FIREFIGHTING OPERATIONS AND UTILITY RESTORATION.—Section 2204(a) of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) is amended by striking “section 334(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)” and inserting “section 44807”.

(a) In general.—Chapter 448, as amended by section 2127 of this Act, is further amended by inserting after section 44807 the following:

(b) Technical and conforming amendments.—

(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2127 of this Act, is further amended by inserting after the item relating to section 44807 the following:

“44808. Special rules for model aircraft.”.

(2) SPECIAL RULE FOR MODEL AIRCRAFT.—Section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) and the item relating to that section in the table of contents under section 1(b) of that Act (126 Stat. 13) are repealed.

The rules adopted by the Administrator of the Federal Aviation Administration in the matter of registration and marking requirements for small unmanned aircraft (FAA–2015–7396; published on December 16, 2015) that were vacated by the United States Court of Appeals for the District of Columbia Circuit in Taylor v. Huerta (No. 15–1495; decided on May 19, 2017) shall be restored to effect on the date of enactment of this Act.

(a) In general.—Chapter 448, as amended by section 2128 of this Act, is further amended by inserting after section 44808 the following:

(b) Table of contents.—The table of contents for chapter 448, as amended by section 2128 of this Act, is further amended by inserting after the item relating to section 44808 the following:

“44809. Aeronautical knowledge and safety test.”.

An unmanned aircraft system that is operated underground for mining purposes shall not be subject to regulation or enforcement by the Federal Aviation Administration under chapter 448 of title 49, United States Code.

(a) UAS safety enforcement.—The Administrator of the Federal Aviation Administration shall establish a program to utilize available remote detection and identification technologies for safety oversight, including enforcement actions against operators of unmanned aircraft systems that are not in compliance with applicable Federal aviation laws, including regulations.

(b) Civil penalties.—

(1) IN GENERAL.—Section 46301 is amended—

(A) in subsection (a)(1)(A), by inserting “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”;

(B) in subsection (a)(5), by inserting “chapter 448,” after “chapter 447 (except sections 44717–44723),”;

(C) in subsection (d)(2), by inserting “chapter 448,” after “chapter 447 (except sections 44717 and 44719–44723),”; and

(D) in subsection (f), by inserting “chapter 448,” after “chapter 447 (except 44717 and 44719–44723),”.

(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to limit the authority of the Administrator to pursue an enforcement action for a violation of this Act, a regulation prescribed or order or authority issued under this Act, or any other applicable provision of aviation safety law or regulation.

(c) Reporting.—As part of the program, the Administrator shall establish and publicize a mechanism for the public and Federal, State, and local law enforcement to report a suspected abuse or a violation of chapter 448 of title 49, United States Code, for enforcement action.

(d) Authorization of appropriations.—To carry out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2018 through 2021.

(a) In general.—Chapter 448, as amended by section 2130 of this Act, is further amended by inserting after section 44809 the following:

(b) Technical and conforming amendments.—

(1) TABLE OF CONTENTS.—The table of contents for chapter 448, as amended by section 2130 of this Act, is further amended by inserting after the item relating to section 44809 the following:

“44810. Airport safety and airspace hazard mitigation and enforcement.”.

(2) PILOT PROJECT FOR AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION.—Section 2206 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) and the item relating to that section in the table of contents under section 1(b) of that Act are repealed.

Section 46320(a) is amended by inserting “, including helicopter air ambulance operations,” after “emergency response effort”.

(a) Public UAS operations by tribal governments.—Section 40102(a)(41) is amended by adding at the end the following:

“(F) An unmanned aircraft that is owned and operated by or exclusively leased for at least 90 consecutive days by an Indian tribal government (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), except as provided in section 40125(b).”.

(b) Conforming amendment.—Section 40125(b) is amended by striking “or (D)” and inserting “(D), or (F)”.

(a) In general.—Chapter 448, as amended by section 2133 of this Act, is further amended by adding after section 44810 the following:

(b) Table of contents.—The table of contents for chapter 448, as amended by section 2133 of this Act, is further amended by adding after the item relating to section 44810 the following:

“44811. Carriage of property by small unmanned aircraft systems for compensation or hire.”.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a Collegiate Training Initiative program relating to unmanned aircraft systems by making new agreements or continuing existing agreements with institutions of higher education (as defined by the Administrator) under which the institutions prepare students for careers involving unmanned aircraft systems. The Administrator may establish standards for the entry of such institutions into the program and for their continued participation in the program.

(b) Unmanned aircraft system defined.—In this section, the term “unmanned aircraft system” has the meaning given that term by section 44801 of title 49, United States Code, as added by section 2121 of this Act.

Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration, in consultation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Secretary of Labor, shall determine whether occupations of the Administration relating to unmanned aircraft systems technology and regulations can be incorporated into the Veterans' Employment Program of the Administration, particularly in the interaction between such program and the New Sights Work Experience Program and the Vet-Link Cooperative Education Program.

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 evaluating which aviation safety requirements under part 137 of title 14, Code of Federal Regulations, should apply to unmanned aircraft system operations engaged in aerial spraying of chemicals for agricultural purposes.

(a) Transparency.—Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall publish on the Federal Aviation Administration Web site a representative sample of the safety justifications offered by applicants for waivers or air traffic control authorizations that have been approved by the Administration for each regulation waived or class of airspace authorized, except that any published justification shall not reveal proprietary or commercially sensitive information.

(b) Technology improvements.—Not later than 60 days after the date of enactment of this Act, the Administrator shall revise the online waiver and air traffic control authorization processes—

(1) to provide real time confirmation that an application filed online has been received by the Administration; and

(2) to provide an applicant with an opportunity to review the status of the applicant's application.

(a) Safety statements.—

(1) IN GENERAL.—Section 2203 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) is redesignated as section 44812 of chapter 448 of title 49, United States Code, and transferred so as to appear after section 44811 of title 49, United States Code, as added by section 2136 of this Act.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 44812(b), as redesignated, is amended—

(A) in paragraph (1), by striking “this Act” and inserting “the FAA Extension Safety and Security Act of 2016”; and

(B) in clauses (i), (ii), and (iii) of paragraph (2)(D), by striking “section 336 of the FAA Modernization and Reform Act of 2012 949 U.S.C. 40101 note)” and inserting “section 44808”.

(b) Emergency exemption process.—

(1) IN GENERAL.—Section 2207 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) is redesignated as section 44813 of chapter 448 of title 49, United States Code, and transferred so as to appear after section 44812 of title 49, United States Code, as redesignated by subsection (a)(1) of this section.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 44813(a), as redesignated, is amended by striking “this Act” and inserting “the FAA Extension Safety and Security Act of 2016”.

(c) Applications for designation.—

(1) IN GENERAL.—Section 2209 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) is redesignated as section 44814 of chapter 448 of title 49, United States Code, and transferred so as to appear after section 44813 of title 49, United States Code, as redesignated by subsection (b)(1) of this section.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 44814(a), as redesignated, is amended by striking “this Act” and inserting “the FAA Extension Safety and Security Act of 2016”.

(d) Operations associated with critical infrastructure.—

(1) IN GENERAL.—Section 2210 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) is redesignated as section 44815 of chapter 448 of title 49, United States Code, and transferred so as to appear after section 44814 of title 49, United States Code, as redesignated by subsection (c)(1) of this section.

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 44815, as redesignated, is amended—

(A) in subsections (a), (d)(2), and (e), by striking “section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)” and inserting “section 44805”;

(B) in subsection (c)(2), by striking “, United States Code”; and

(C) in subsection (d)(1), by striking “this Act” and inserting “the FAA Extension Safety and Security Act of 2016”.

(a) In general.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall—

(1) conduct a study on the relative roles of the Federal Government and State and local governments in regulating the national airspace system, including unmanned aircraft systems operations; and

(2) submit to the appropriate committees of Congress a report on the study, including the Comptroller General’s findings, conclusions, and recommendations.

(b) Contents.—The study under subsection (a) shall review the following:

(1) The current state of the law with respect to Federal authority over airspace in the United States and the operations of aircraft in that airspace.

(2) The current state of the law with respect to state and local authority over airspace in the United States and the operations of aircraft in that airspace;

(3) Potential gaps between authorities under paragraphs (1) and (2), particularly with respect to unmanned aircraft systems operations at low altitudes;

(4) The effectiveness of the Federal Government’s efforts to resolve differences between different stakeholders on the issue.

(5) Potential ways to structure the roles and responsibilities between the Federal Government and State and local governments to ensure the highest level of safety for all aviation operations and in consideration of State and local interests on issues such as nuisance, voyeurism, privacy, trespass, harassment, reckless endangerment, wrongful death, personal injury, property damage, or other illegal acts arising from the use of unmanned aircraft systems.

(a) In general.—Small unmanned aircraft systems may use spectrum for wireless control link, tracking, diagnostics, payload communication, and collaborative-collision avoidance, such as vehicle-to-vehicle communication, and other uses, consistent with the Communications Act of 1934 (47 U.S.C. 151 et seq.), Federal Communications Commission rules, and the safety-of-life determination made by the Federal Aviation Administration, and through voluntary commercial arrangements with service providers, whether they are operating within a UTM system under section 2208 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615) or outside such a system.

(b) Report.—Not later than 270 days after the date of enactment of this Act, and after consultation with relevant stakeholders, the Administrator of the Federal Aviation Administration, the National Telecommunications and Information Administration, and the Federal Communications Commission, shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives a report—

(1) on whether small unmanned aircraft systems operations should be permitted to operate on spectrum designated for aviation use, on an unlicensed, shared, or exclusive basis, for operations within the UTM system or outside of such a system;

(2) that addresses any technological, statutory, regulatory, and operational barriers to the use of such spectrum; and

(3) that, if it is determined that spectrum designated for aviation use is not suitable for operations by small unmanned aircraft systems, includes recommendations of other spectrum frequencies that may be appropriate for such operations.

(a) In general.—Not later than 270 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish procedures and standards, as applicable, to facilitate the safe operation of unmanned aircraft systems by institutions of higher education, including faculty, students, and staff.

(b) Standards.—The procedures and standards required under subsection (a) shall outline risk-based operational parameters to ensure the safety of the national airspace system and the uninvolved public that facilitates the use of unmanned aircraft systems for educational or research purposes.

(c) Unmanned aircraft system approval.—The procedures required under subsection (a) shall allow unmanned aircraft systems operated under this section to be modified for research purposes without iterative approval from the Administrator.

(d) Additional procedures.—The Administrator shall establish a procedure to provide for streamlined, risk-based operational approval for unmanned aircraft systems operated by institutions of higher education, including faculty, students, and staff, outside of the parameters or purposes set forth in subsection (b).

(e) Deadlines.—

(1) IN GENERAL.—If, by the date that is 270 days after the date of enactment of this Act, the Administrator has not set forth standards and procedures required under subsections (a), (b), and (c), an institution of higher education may—

(A) without specific approval from the Federal Aviation Administration, operate small unmanned aircraft at model aircraft fields approved by the Academy of Model Aeronautics and with the permission of the local club of the Academy of Model Aeronautics; and

(B) submit to the Federal Aviation Administration applications for approval of the institution’s designation of 1 or more outdoor flight fields.

(2) CONSEQUENCE OF FAILURE TO APPROVE.—If the Administrator does not take action with respect to an application submitted under paragraph (1)(B) within 30 days of the submission of the application, the failure to do so shall be treated as approval of the application.

(f) Definitions.—In this section:

(1) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given that term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(2) UNMANNED AIRCRAFT SYSTEM.—The term “unmanned aircraft system” has the meaning given the term in section 44801 of title 49, United States Code, as added by section 2121 of this Act.

(3) EDUCATIONAL OR RESEARCH PURPOSES.—The term “educational or research purposes”, with respect to the operation of an unmanned aircraft system by an institution of higher education, includes—

(A) instruction of students at the institution;

(B) academic or research related use of unmanned aircraft systems by student organizations recognized by the institution, if such use has been approved by the institution;

(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and

(D) other academic activities at the institution, including general research, engineering, and robotics.

(a) Regulations.—Notwithstanding the repeals under sections 2122(b)(2), 2124(b)(2), 2125(b)(2), 2127(b)(2), 2128(b)(2), and 2133(b)(2) of this Act, all orders, determinations, rules, regulations, permits, grants, and contracts, which have been issued under any law described under subsection (b) of this section on or before the effective date of this Act shall continue in effect until modified or revoked by the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, as applicable, by a court of competent jurisdiction, or by operation of law other than this Act.

(b) Laws described.—The laws described under this subsection are as follows:

(1) Section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(2) Section 332(d) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(3) Section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(4) Section 334 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(5) Section 336 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(6) Section 2206 of the FAA Extension Safety and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).

(c) Effect on pending proceedings.—This Act shall not affect administrative or judicial proceedings pending on the effective date of this Act.

This part may be cited as the “Drone Operator Safety Act”.

(a) Finding.—Congress finds that educating operators of unmanned aircraft about Federal law, including regulations, relating to unmanned aircraft will promote the safe operation of such aircraft.

(b) Sense of Congress.—It is the sense of Congress that the Administrator of the Federal Aviation Administration should continue to prioritize the education of operators of unmanned aircraft through public outreach efforts like the “Know Before You Fly” campaign.

(a) In general.—Chapter 2 of title 18, United States Code, is amended—

(1) in section 31—

(A) in subsection (a)—

(i) by redesignating paragraph (10) as paragraph (11); and

(ii) by inserting after paragraph (9) the following:

“(10) UNMANNED AIRCRAFT.—The term ‘unmanned aircraft’ has the meaning given such term in section 44801 of title 49.”; and

(B) in subsection (b), by inserting “ ‘airport’, ” before “ ‘appliance’”; and

(2) by inserting after section 39A the following:

(b) Table of contents.—The table of contents for chapter 2 of title 18, United States Code, is amended by inserting after the item relating to section 39A the following:

“39B. Unsafe operation of unmanned aircraft.”.

In this subtitle:

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the Federal Aviation Administration.

(2) ADVISORY COMMITTEE.—The term “Advisory Committee” means the Safety Oversight and Certification Advisory Committee established under section 2212.

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

(4) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

(5) SYSTEMS SAFETY APPROACH.—The term “systems safety approach” means the application of specialized technical and managerial skills to the systematic, forward-looking identification and control of hazards throughout the lifecycle of a project, program, or activity.

(a) Establishment.—Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a Safety Oversight and Certification Advisory Committee in accordance with this section.

(b) Duties.—The Advisory Committee shall provide advice to the Secretary on policy-level issues facing the aviation community that are related to FAA safety oversight and certification programs and activities, including the following:

(1) Aircraft and flight standards certification processes, including efforts to streamline those processes.

(2) Implementation and oversight of safety management systems.

(3) Risk-based oversight efforts.

(4) Utilization of delegation and designation authorities, including organization designation authorization.

(5) Regulatory interpretation standardization efforts.

(6) Training programs.

(7) Expediting the rulemaking process and prioritizing safety-related rules.

(8) Enhancing global competitiveness of U.S. manufactured and FAA type-certificate aircraft products and services throughout the world.

(c) Functions.—In carrying out its duties under subsection (b) related to FAA safety oversight and certification programs and activities, the Advisory Committee shall—

(1) foster aviation stakeholder collaboration in an open and transparent manner;

(2) consult with, and ensure participation by—

(A) the private sector, including representatives of—

(i) general aviation;

(ii) commercial aviation;

(iii) aviation labor;

(iv) aviation, aerospace, and avionics manufacturing; and

(v) unmanned aircraft systems industry; and

(B) the public;

(3) recommend consensus national goals, strategic objectives, and priorities for the most efficient, streamlined, and cost-effective safety oversight and certification processes in order to maintain the safety of the aviation system while allowing the FAA to meet future needs and ensure that aviation stakeholders remain competitive in the global marketplace;

(4) provide policy recommendations for the FAA’s safety oversight and certification efforts;

(5) periodically review and provide recommendations regarding the FAA’s safety oversight and certification efforts;

(6) periodically review and evaluate registration, certification, and related fees;

(7) provide appropriate legislative, regulatory, and guidance recommendations for the air transportation system and the aviation safety regulatory environment;

(8) recommend performance objectives for the FAA and aviation industry;

(9) recommend performance metrics for the FAA and the aviation industry to be tracked and reviewed as streamlining certification reform, flight standards reform, and regulation consistency efforts progress;

(10) provide a venue for tracking progress toward national goals and sustaining joint commitments;

(11) recommend recruiting, hiring, staffing levels, training, and continuing education objectives for FAA aviation safety engineers and aviation safety inspectors;

(12) provide advice and recommendations to the FAA on how to prioritize safety rulemaking projects;

(13) improve the development of FAA regulations by providing information, advice, and recommendations related to aviation issues;

(14) promote the validation and acceptance of U.S. manufactured and FAA type-certificate aircraft products and services throughout the world; and

(15) any other functions as determined appropriate by the chairperson of the Advisory Committee and the Administrator.

(d) Membership.—

(1) VOTING MEMBERS.—The Advisory Committee shall be composed of the following voting members:

(A) The Administrator, or the Administrator’s designee.

(B) At least 1 representative, appointed by the Secretary, of each of the following:

(i) Transport aircraft and engine manufacturers.

(ii) General aviation aircraft and engine manufacturers.

(iii) Avionics and equipment manufacturers.

(iv) Aviation labor organizations, including collective bargaining representatives of FAA aviation safety inspectors and aviation safety engineers.

(v) General aviation operators.

(vi) Air carriers.

(vii) Business aviation operators.

(viii) Unmanned aircraft systems manufacturers and operators.

(ix) Aviation safety management experts.

(2) NONVOTING MEMBERS.—

(A) IN GENERAL.—In addition to the members appointed under paragraph (1), the Advisory Committee shall be composed of nonvoting members appointed by the Secretary from among individuals representing FAA safety oversight program offices.

(B) DUTIES.—A nonvoting member may—

(i) take part in deliberations of the Advisory Committee; and

(ii) provide input with respect to any report or recommendation of the Advisory Committee.

(C) LIMITATION.—A nonvoting member may not represent any stakeholder interest other than that of an FAA safety oversight program office.

(3) TERMS.—Each voting member and nonvoting member of the Advisory Committee shall be appointed for a term of 2 years.

(4) RULE OF CONSTRUCTION.—Public Law 104–65 (2 U.S.C. 1601 et seq.) may not be construed to prohibit or otherwise limit the appointment of any individual as a member of the Advisory Committee.

(e) Committee characteristics.—The Advisory Committee shall have the following characteristics:

(1) Each voting member under subsection (d)(1)(B) shall be an executive that has decision authority within the member's organization and can represent and enter into commitments on behalf of that organization in a way that serves the entire group of organizations that member represents under that subsection.

(2) The ability to obtain necessary information from experts in the aviation and aerospace communities.

(3) A membership size that enables the Advisory Committee to have substantive discussions and reach consensus on issues in an expeditious manner.

(4) Appropriate expertise, including expertise in certification and risk-based safety oversight processes, operations, policy, technology, labor relations, training, and finance.

(f) Chairperson.—

(1) IN GENERAL.—The chairperson of the Advisory Committee shall be appointed by the Secretary from among the voting members under subsection (d)(1)(B).

(2) TERM.—Each member appointed under paragraph (1) shall serve a term of 2 years as chairperson.

(g) Meetings.—

(1) FREQUENCY.—The Advisory Committee shall convene at least 2 meetings a year at the call of the chairperson.

(2) PUBLIC ATTENDANCE.—Each meeting of the Advisory Committee shall be open and accessible to the public.

(h) Special committees.—

(1) ESTABLISHMENT.—The Advisory Committee may establish 1 or more special committees composed of private sector representatives, members of the public, labor representatives, and other relevant parties in complying with consultation and participation requirements under subsection (c)(2).

(2) RULEMAKING ADVICE.—A special committee established by the Advisory Committee may—

(A) provide rulemaking advice and recommendations to the Advisory Committee;

(B) provide the FAA additional opportunities to obtain firsthand information and insight from those persons that are most affected by existing and proposed regulations; and

(C) assist in expediting the development, revision, or elimination of rules in accordance with, and without circumventing, established public rulemaking processes and procedures.

(3) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a special committee under this subsection.

(i) Sunset.—The Advisory Committee shall cease to exist on September 30, 2021.

(a) In general.—Not later than 120 days after the date the Advisory Committee is established under section 2212, the Administrator shall establish performance objectives and apply and track performance metrics for the FAA and the aviation industry relating to aircraft certification in accordance with this section.

(b) Collaboration.—The Administrator shall carry out this section in collaboration with the Advisory Committee and update agency performance objectives and metrics after considering the proposals recommended by the Advisory Committee under paragraphs (8) and (9) of section 2212(c).

(c) Performance objectives.—In establishing performance objectives under subsection (a), the Administrator shall ensure progress is made toward, at a minimum—

(1) eliminating certification delays and improving cycle times;

(2) increasing accountability for both FAA and the aviation industry;

(3) achieving effective utilization of FAA delegation and designation authorities, including organizational designation authorization;

(4) effectively implementing risk management principles and a systems safety approach;

(5) reducing duplication of effort;

(6) increasing transparency;

(7) developing and providing training, including recurrent training, in auditing and a systems safety approach to certification oversight;

(8) improving the process for approving or accepting the certification actions between the FAA and bilateral partners;

(9) maintaining and improving safety;

(10) streamlining the hiring process for—

(A) qualified systems safety engineers at staffing levels to support the FAA's efforts to implement a systems safety approach; and

(B) qualified systems safety engineers to guide the engineering of complex systems within the FAA; and

(11) maintaining the leadership of the United States in international aviation and aerospace.

(d) Performance metrics.—In carrying out subsection (a), the Administrator shall—

(1) apply and track performance metrics for the FAA and the aviation industry; and

(2) transmit to the appropriate committees of Congress an annual report on tracking the progress toward full implementation of the recommendations under section 2212.

(e) Data.—

(1) BASELINES.—Not later than 1 year after the date the Advisory Committee recommends initial performance metrics under section 2212(c)(9), the Administrator shall generate initial data with respect to each of the performance metrics applied and tracked under this section.

(2) BENCHMARKS.—The Administrator shall use the performance metrics applied and tracked under this section to generate data on an ongoing basis and to measure progress toward the consensus national goals, strategic objectives, and priorities recommended under section 2212(c)(3).

(f) Publication.—

(1) IN GENERAL.—Subject to paragraph (2), the Administrator shall make data generated using the performance metrics applied and tracked under this section available in a searchable, sortable, and downloadable format through the Internet Web site of the FAA or other appropriate methods.

(2) LIMITATIONS.—The Administrator shall make the data under paragraph (1) available in a manner that—

(A) protects from disclosure identifying information regarding an individual or entity; and

(B) protects from inappropriate disclosure proprietary information.

(a) In general.—Chapter 447 is amended by adding at the end the following:

(b) Technical and conforming amendments.—The table of contents of chapter 447 is amended by adding after the item relating to section 44735 the following:

“44736. Organization designation authorizations.”.

(a) Expert review panel.—

(1) ESTABLISHMENT.—Not later than 120 days after the date of enactment of this Act, the Administrator of the FAA shall convene a multidisciplinary expert review panel (referred to in this section as the “Panel”).

(2) COMPOSITION.—

(A) IN GENERAL.—The Panel shall be composed of not more than 20 members appointed by the Administrator.

(B) QUALIFICATIONS.—The members appointed to the Panel shall—

(i) each have a minimum of 5 years of experience in processes and procedures under the ODA program; and

(ii) include representatives of ODA holders, aviation manufacturers, safety experts, and FAA labor organizations, including labor representatives of FAA aviation safety inspectors and aviation safety engineers.

(b) Survey.—The Panel shall survey ODA holders and ODA program applicants to document FAA safety oversight and certification programs and activities, including the FAA's use of the ODA program and the speed and efficiency of the certification process. In carrying out this subsection, the Administrator shall consult with the appropriate survey experts and the Panel to best design and conduct the survey.

(c) Assessment.—The Panel shall—

(1) conduct an assessment of—

(A) the FAA’s processes and procedures under the ODA program and whether the processes and procedures function as intended;

(B) the best practices of and lessons learned by ODA holders and the FAA personnel who provide oversight of ODA holders;

(C) the performance incentive policies, related to the ODA program for FAA personnel, that do not conflict with the public interest;

(D) the training activities related to the ODA program for FAA personnel and ODA holders; and

(E) the impact, if any, that oversight of the ODA program has on FAA resources and the FAA’s ability to process applications for certifications outside of the ODA program; and

(2) make recommendations for improving FAA safety oversight and certification programs and activities based on the results of the survey under subsection (b) and each element of the assessment under paragraph (1) of this subsection.

(d) Report.—Not later than 180 days after the date the Panel is convened under subsection (a), the Panel shall submit to the Administrator, the Advisory Committee, and the appropriate committees of Congress a report on results of the survey under subsection (b) and the assessment and recommendations under subsection (c).

(e) Definitions.—The terms used in this section have the meanings given the terms in section 44736 of title 49, United States Code, as added by section 2222 of this Act.

(f) Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel.

(g) Sunset.—The Panel shall terminate on the date the report is submitted under subsection (d).

(a) In general.—Section 44704(a) is amended by adding at the end the following:

“(6) TYPE CERTIFICATION RESOLUTION PROCESS.—

“(A) IN GENERAL.—Not later than 15 months after the date of enactment of the Federal Aviation Administration Reauthorization Act of 2017, the Administrator shall establish an effective, expeditious, and milestone-based issue resolution process for type certification activities under this subsection.

“(B) PROCESS REQUIREMENTS.—The resolution process shall provide for—

“(i) the resolution of technical issues at preestablished stages of the certification process, as agreed to by the Administrator and the type certificate applicant;

“(ii) the automatic escalation to appropriate management personnel of the Federal Aviation Administration and the type certificate applicant of any major certification process milestone that is not completed or resolved within a specific period of time agreed to by the Administrator and the type certificate applicant; and

“(iii) the resolution of a major certification process milestone escalated under clause (ii) within a specific period of time agreed to by the Administrator and the type certificate applicant.

“(C) DEFINITION OF MAJOR CERTIFICATION PROCESS MILESTONE.—In this paragraph, the term ‘major certification process milestone’ means a milestone related to a type certification basis, type certification plan, type inspection authorization, issue paper, or other major type certification activity agreed to by the Administrator and the type certificate applicant.”.

(b) Technical and conforming amendments.—Section 44704 is amended in the heading by striking “airworthiness certificates,,” and inserting “airworthiness certificates,”.

(a) Policy.—In a manner consistent with the Small Airplane Revitalization Act of 2013 (49 U.S.C. 44704 note), not later than 180 days after the date of enactment of this Act, the Administrator shall establish and begin implementing a risk-based policy that streamlines the installation of safety enhancing technologies for small general aviation airplanes in a manner that reduces regulatory delays and significantly improves safety.

(b) Inclusions.—The safety enhancing technologies for small general aviation airplanes described in subsection (a) shall include, at a minimum, the replacement or retrofit of primary flight displays, auto pilots, engine monitors, and navigation equipment.

(c) Collaboration.—In carrying out this section, the Administrator shall collaborate with general aviation operators, general aviation manufacturers, and appropriate FAA labor organizations, including representatives of FAA aviation safety inspectors and aviation safety engineers, certified under section 7111 of title 5, United States Code.

(d) Definition of small general aviation airplane.—In this section, the term “small general aviation airplane” means an airplane that—

(1) is certified to the standards of part 23 of title 14, Code of Federal Regulations;

(2) has a seating capacity of not more than 9 passengers; and

(3) is not used in scheduled passenger-carrying operations under part 121 of title 14, Code of Federal Regulations.

(a) In general.—Not later than 120 days after the date the Advisory Committee is established under section 2212, the Administrator shall establish performance objectives and apply and track performance metrics for the FAA and the aviation industry relating to flight standards activities in accordance with this section.

(b) Collaboration.—The Administrator shall carry out this section in collaboration with the Advisory Committee and update agency performance objectives and metrics after considering the recommendations of the Advisory Committee under paragraphs (8) and (9) of section 2212(c).

(c) Performance objectives.—In carrying out subsection (a), the Administrator shall ensure that progress is made toward, at a minimum—

(1) eliminating delays with respect to such activities;

(2) increasing accountability for both FAA and the aviation industry;

(3) effectively implementing risk management principles and a systems safety approach;

(4) reducing duplication of effort;

(5) promoting appropriate compliance activities and eliminating inconsistent regulatory interpretations and inconsistent enforcement activities;

(6) improving and providing greater opportunities for training, including recurrent training, in auditing and a systems safety approach to oversight;

(7) developing and allowing the use of a single master source for guidance;

(8) providing and using a streamlined appeal process for the resolution of regulatory interpretation questions;

(9) maintaining and improving safety; and

(10) increasing transparency.

(d) Performance metrics.—In carrying out subsection (a), the Administrator shall—

(1) apply and track performance metrics for the FAA and the aviation industry; and

(2) transmit to the appropriate committees of Congress an annual report tracking the progress toward full implementation of the performance metrics under section 2212.

(e) Data.—

(1) BASELINES.—Not later than 1 year after the date the Advisory Committee recommends initial performance metrics under section 2212(c)(9), the Administrator shall generate initial data with respect to each of the performance metrics applied and tracked that are approved based on the recommendations required under this section.

(2) BENCHMARKS.—The Administrator shall use the performance metrics applied and tracked under this section to generate data on an ongoing basis and to measure progress toward the consensus national goals, strategic objectives, and priorities recommended under section 2212(c)(3).

(f) Publication.—

(1) IN GENERAL.—Subject to paragraph (2), the Administrator shall make data generated using the performance metrics applied and tracked under this section available in a searchable, sortable, and downloadable format through the Internet Web site of the FAA or other appropriate methods.

(2) LIMITATIONS.—The Administrator shall make the data under paragraph (1) available in a manner that—

(A) protects from disclosure identifying information regarding an individual or entity; and

(B) protects from inappropriate disclosure proprietary information.

(a) Establishment.—Not later than 90 days after the date of enactment of this Act, the Administrator shall establish the FAA Task Force on Flight Standards Reform (referred to in this section as the “Task Force”).

(b) Membership.—

(1) APPOINTMENT.—The membership of the Task Force shall be appointed by the Administrator.

(2) NUMBER.—The Task Force shall be composed of not more than 20 members.

(3) REPRESENTATION REQUIREMENTS.—The membership of the Task Force shall include representatives, with knowledge of flight standards regulatory processes and requirements, of—

(A) air carriers;

(B) general aviation;

(C) business aviation;

(D) repair stations;

(E) unmanned aircraft systems operators;

(F) flight schools;

(G) manufacturers;

(H) labor unions, including those representing FAA aviation safety inspectors and those representing FAA aviation safety engineers; and

(I) aviation safety experts.

(c) Duties.—The duties of the Task Force shall include, at a minimum, identifying cost-effective best practices and providing recommendations with respect to—

(1) simplifying and streamlining flight standards regulatory processes, including issuance and oversight of certificates;

(2) reorganizing the Flight Standards Service to establish an entity organized by function rather than geographic region, if appropriate;

(3) FAA aviation safety inspector training opportunities;

(4) FAA aviation safety inspector standards and performance; and

(5) achieving, across the FAA, consistent—

(A) regulatory interpretations; and

(B) application of oversight activities.

(d) Report.—Not later than 1 year after the date the Task Force is established under subsection (a), the Task Force shall submit to the Administrator, Advisory Committee, and appropriate committees of Congress a report detailing—

(1) the best practices identified and recommendations provided by the Task Force under subsection (c); and

(2) any recommendations of the Task Force for additional regulatory action or cost-effective legislative action.

(e) Flight standards service realignment feasibility report.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the findings of the determination of the feasibility of realigning flight standards service regional field offices to specialized areas of aviation safety oversight and technical expertise.

(f) Federal Advisory Committee Act.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force.

(g) Sunset.—The Task Force shall cease to exist on the date that the Task Force submits the report required under subsection (d).

(a) Establishment.—Not later than 1 year after the date of enactment of this Act, the Administrator of the FAA shall establish a centralized safety guidance database for all of the regulatory guidance issued by the FAA Office of Aviation Safety regarding compliance with 1 or more aviation safety-related provisions of the Code of Federal Regulations.

(b) Requirements.—The database under subsection (a) shall—

(1) for each guidance, include a link to the specific provision of the Code of Federal Regulations;

(2) subject to paragraph (3), be accessible to the public; and

(3) be provided in a manner that—

(A) protects from disclosure identifying information regarding an individual or entity; and

(B) protects from inappropriate disclosure proprietary information.

(c) Data entry timing.—

(1) EXISTING DOCUMENTS.—Not later than 14 months after the date the database is established, the Administrator shall have completed entering into the database any applicable regulatory guidance that are in effect and were issued before that date.

(2) NEW REGULATORY GUIDANCE AND UPDATES.—Beginning on the date the database is established, the Administrator shall ensure that any applicable regulatory guidance that are issued on or after that date are entered into the database as they are issued.

(d) Consultation requirement.—In establishing the database under subsection (a), the Administrator shall consult and collaborate with appropriate stakeholders, including labor organizations (including those representing aviation workers, FAA aviation safety engineers, and FAA aviation safety inspectors) and aviation industry stakeholders.

(e) Definition of regulatory guidance.—In this section, the term “regulatory guidance” means all forms of written information issued by the FAA that an individual or entity may use to interpret or apply FAA regulations and requirements, including information an individual or entity may use to determine acceptable means of compliance with such regulations and requirements, such as an order, manual, circular, policy statement, legal interpretation memorandum, and rulemaking documents.

(a) Functions.—The Regulatory Consistency Communication Board (referred to in this section as the “Board”) shall carry out the following functions:

(1) Recommend, at a minimum, processes by which—

(A) FAA personnel and persons regulated by the FAA may submit regulatory interpretation questions without fear of retaliation;

(B) FAA personnel may submit written questions as to whether a previous approval or regulatory interpretation issued by FAA personnel in another office or region is correct or incorrect; and

(C) any other person may submit anonymous regulatory interpretation questions.

(2) Meet on a regular basis to discuss and resolve questions submitted under paragraph (1) and the appropriate application of regulations and policy with respect to each question.

(3) Provide to a person that submitted a question under subparagraph (A) or subparagraph (B) of paragraph (1) an expeditious written response to the question.

(4) Recommend a process to make the resolution of common regulatory interpretation questions publicly available to FAA personnel and the public in a manner that—

(A) does not reveal any identifying data of the person that submitted a question; and

(B) protects any proprietary information.

(5) Ensure that responses to questions under this subsection are incorporated into regulatory guidance (as defined in section 2233(e)).

(b) Performance metrics, timelines, and goals.—Not later than 180 days after the date that the Advisory Committee recommends performance objectives and performance metrics for the FAA and the aviation industry under paragraphs (8) and (9) of section 2212(c), the Administrator, in collaboration with the Advisory Committee, shall—

(1) establish performance metrics, timelines, and goals to measure the progress of the Board in resolving regulatory interpretation questions submitted under subsection (a)(1); and

(2) implement a process for tracking the progress of the Board in meeting the performance metrics, timelines, and goals under paragraph (1).

(a) Safety workforce training strategy.—Not later than 60 days after the date of enactment of this Act, the Administrator of the FAA shall review and revise its safety workforce training strategy to ensure that it—

(1) aligns with an effective risk-based approach to safety oversight;

(2) best utilizes available resources;

(3) allows FAA employees participating in organization management teams or conducting ODA program audits to complete, expeditiously, appropriate training, including recurrent training, in auditing and a systems safety approach to oversight;

(4) seeks knowledge-sharing opportunities between the FAA and the aviation industry in new technologies, best practices, and other areas of interest related to safety oversight;

(5) fosters an inspector and engineer workforce that has the skills and training necessary to improve risk-based approaches that focus on requirements management and auditing skills; and

(6) includes, as appropriate, milestones and metrics for meeting the requirements of paragraphs (1) through (5).

(b) Report.—Not later that 270 days after the date the strategy is established under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on the implementation of the strategy and progress in meeting any milestones or metrics included in the strategy.

(c) Definitions.—In this section:

(1) ODA HOLDER.—The term “ODA holder” has the meaning given the term in section 44736 of title 49, United States Code, as added by section 2222 of this Act.

(2) ODA PROGRAM.—The term “ODA program” has the meaning given the term in section 44736(c)(3) of title 49, United States Code, as added by section 2222 of this Act.

(3) ORGANIZATION MANAGEMENT TEAM.—The term “organization management team” means a group of FAA employees consisting of FAA aviation safety engineers, flight test pilots, and aviation safety inspectors overseeing an ODA holder and its specified function delegated under section 44702 of title 49, United States Code.

Section 40104 is amended by adding at the end the following:

“(d) Promotion of United States aerospace standards, products, and services abroad.—The Secretary shall take appropriate actions—

“(1) to promote United States aerospace-related safety standards abroad;

“(2) to facilitate and vigorously defend approvals of United States aerospace products and services abroad;

“(3) with respect to bilateral partners, to use bilateral safety agreements and other mechanisms to improve validation of United States type certificated aeronautical products and services and enhance mutual acceptance in order to eliminate redundancies and unnecessary costs; and

“(4) with respect to the aeronautical safety authorities of a foreign country, to streamline that country's validation of United States aerospace standards, products, and services.”.

Section 44701(e) is amended by adding at the end the following:

“(5) FOREIGN AIRWORTHINESS DIRECTIVES.—

“(A) ACCEPTANCE.—Subject to subparagraph (D), the Administrator may accept an airworthiness directive (as defined in section 39.3 of title 14, Code of Federal Regulations) issued by an aeronautical safety authority of a foreign country, and leverage that aeronautical safety authority's regulatory process, if—

“(i) the country is the state of design for the product that is the subject of the airworthiness directive;

“(ii) the United States has a bilateral safety agreement relating to aircraft certification with the country;

“(iii) as part of the bilateral safety agreement with the country, the Administrator has determined that the aeronautical safety authority has an aircraft certification system relating to safety that produces a level of safety equivalent to the level produced by the system of the Federal Aviation Administration;

“(iv) the aeronautical safety authority utilizes an open and transparent public notice and comment process, including considering comments from owners and operators of foreign-registered aircraft and other aeronautical products and appliances in the issuance of airworthiness directives; and

“(v) the airworthiness directive addresses a specific issue necessary for the safe operation of aircraft subject to the directive.

“(B) ALTERNATIVE APPROVAL PROCESS.—Notwithstanding subparagraph (A), the Administrator may issue a Federal Aviation Administration airworthiness directive instead of accepting the airworthiness directive issued by the aeronautical safety authority of a foreign country if the Administrator determines that such issuance is necessary for safety or operational reasons due to the complexity or unique features of the Federal Aviation Administration airworthiness directive or the United States aviation system.

“(C) ALTERNATIVE MEANS OF COMPLIANCE.—The Administrator—

“(i) may accept an alternative means of compliance, with respect to an airworthiness directive under subparagraph (A), that was approved by the aeronautical safety authority of the foreign country that issued the airworthiness directive; or

“(ii) notwithstanding subparagraph (A), and at the request of any person affected by an airworthiness directive under that subparagraph—

“(I) shall consider an alternative means of compliance with respect to the airworthiness directive; and

“(II) may approve such alternative means, if appropriate.

“(D) LIMITATIONS.—The Administrator may not accept an airworthiness directive issued by an aeronautical safety authority of a foreign country if the airworthiness directive addresses matters other than those involving the safe operation of an aircraft.”.

(a) In general.—To promote United States aerospace safety standards, reduce redundant regulatory activity, and facilitate acceptance of FAA design and production approvals abroad, the Administrator shall—

(1) attain greater expertise in issues related to dispute resolution, intellectual property, and export control laws to better support FAA certification and other aerospace regulatory activities abroad;

(2) work with United States companies to more accurately track the amount of time it takes foreign authorities, including bilateral partners, to validate United States type certificated aeronautical products;

(3) provide assistance to United States companies who have experienced significantly long foreign validation wait times;

(4) work with foreign authorities, including bilateral partners, to collect and analyze data to determine the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA;

(5) establish appropriate benchmarks and metrics to measure the success of bilateral aviation safety agreements and to reduce the validation time for United States type certificated aeronautical products abroad; and

(6) work with foreign authorities, including bilateral partners, to improve the timeliness of the acceptance and validation of FAA design and production approvals by foreign authorities and the acceptance and validation of foreign-certified products by the FAA.

(b) Report.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that—

(1) describes the Administrator's strategic plan for international engagement;

(2) describes the structure and responsibilities of all FAA offices that have international responsibilities, including the Aircraft Certification Office, and all the activities conducted by those offices related to certification and production;

(3) describes current and forecasted staffing and travel needs for the FAA's international engagement activities, including the needs of the Aircraft Certification Office in the current and forecasted budgetary environment;

(4) provides recommendations, if appropriate, to improve the existing structure and personnel and travel policies supporting the FAA's international engagement activities, including the activities of the Aviation Certification Office, to better support the growth of United States aerospace exports; and

(5) identifies policy initiatives, regulatory initiatives, or cost-effective legislative initiatives needed to improve and enhance the timely acceptance of United States aerospace products abroad.

(c) International travel.—The Administrator of the FAA, or the Administrator's designee, may authorize international travel for any FAA employee, without the approval of any other person or entity, if the Administrator determines that the travel is necessary—