G:\M\15\SHUSTE\SHUSTE_037.XML AMENDMENT OFFERED BY TO MR. SHUSTER H.R. 4 OF PENNSYLVANIA Page 8, strike lines 19 through 22 and insert the following: 1 (b) AUTHORIZED EXPENDITURES.—Section 2 48101(c) of title 49, United States Code, is amended— 3 (1) in the subsection heading by striking ‘‘Auto- 4 mated 5 Weather Observing System Upgrade’’ and inserting 6 ‘‘Authorized Expenditures’’; and Observation System/Automated 7 (2) by striking ‘‘may be used for the implemen- 8 tation’’ and all that follows through the period at 9 the end and inserting the following: ‘‘may be used 10 for the following: 11 ‘‘(1) The implementation and use of upgrades 12 to the current automated surface observation sys- 13 tem/automated weather observing system, if the up- 14 grade is successfully demonstrated. 15 ‘‘(2) The acquisition and construction of remote 16 air traffic control towers (as defined in section 510 17 of the FAA Reauthorization Act of 2018). g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 Surface 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 2 1 ‘‘(3) The remediation and elimination of identi- 2 fied cybersecurity vulnerabilities in the air traffic 3 control system. 4 ‘‘(4) The construction of facilities dedicated to 5 improving the cybersecurity of the National Airspace 6 System. 7 8 ‘‘(5) Systems associated with the Data Communications program. 9 ‘‘(6) The infrastructure, sustainment, and the 10 elimination of the deferred maintenance backlog of 11 air navigation facilities and other facilities for which 12 the Federal Aviation Administration is responsible. 13 14 ‘‘(7) The modernization and digitization of the Civil Aviation Registry. 15 16 ‘‘(8) The construction of necessary Priority 1 National Airspace System facilities. 17 ‘‘(9) Cost-beneficial construction, rehabilitation, 18 or retrofitting programs designed to reduce Federal 19 Aviation Administration facility operating costs.’’. Page 8, line 13, strike ‘‘$2,920,000,000’’ and insert ‘‘$3,330,000,000’’. Page 8, line 14, strike ‘‘$2,984,000,000’’ and insert ‘‘$3,398,000,000’’. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 3 Page 8, line 15, strike ‘‘$3,049,000,000’’ and insert ‘‘$3,469,000,000’’. Page 8, line 16, strike ‘‘$3,118,000,000’’ and insert ‘‘$3,547,000,000’’. Page 8, line 17, strike ‘‘$3,190,000,000’’ and insert ‘‘$3,624,000,000’’. Page 8, line 18, strike ‘‘$3,263,000,000’’ and insert ‘‘$3,701,000,000’’. Page 9, line 5, strike ‘‘$10,231,000,000’’ and insert ‘‘$10,247,000,000’’. Page 9, line 6, strike ‘‘$10,434,000,000’’ and insert ‘‘$10,486,000,000’’. Page 9, line 7, strike ‘‘$10,639,000,000’’ and insert ‘‘$10,732,000,000’’. Page 9, line 8, strike ‘‘$10,861,000,000’’ and insert ‘‘$11,000,000,000’’. Page 9, line 10, strike ‘‘$11,095,000,000’’ and insert ‘‘$11,269,000,000’’. Page 9, line 12, strike ‘‘$11,329,000,000’’ and insert ‘‘$11,537,000,000’’. Page 9, after line 13, insert the following: g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 4 1 (b) EXPENDITURES.—Section AUTHORIZED 2 106(k)(2) of title 49, United States Code, is amended by 3 adding at the end the following: 4 ‘‘(D) Not more than the following amounts 5 for commercial space transportation activities: 6 ‘‘(i) $22,587,000 for fiscal year 2018. 7 ‘‘(ii) $33,038,000 for fiscal year 2019. 8 ‘‘(iii) $43,500,000 for fiscal year 9 2020. 10 ‘‘(iv) $54,970,000 for fiscal year 11 2021. 12 ‘‘(v) $64,449,000 for fiscal year 2022. 13 ‘‘(vi) $75,938,000 for fiscal year 14 2023.’’. Page 9, line 14, strike ‘‘(b)’’ and insert ‘‘(c)’’. At the end of subtitle C of title I, add the following: 15 SEC. 1ll. SUPPLEMENTAL DISCRETIONARY FUNDS. 16 Section 47115 of title 49, United States Code, is fur- 17 ther amended by adding at the end the following: 18 ‘‘(j) SUPPLEMENTAL DISCRETIONARY FUNDS.— 19 ‘‘(1) IN Secretary shall estab- 20 lish a program to provide grants, subject to the con- 21 ditions of this subsection, for any purpose for which 22 amounts are made available under section 48103 g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 GENERAL.—The 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 5 1 that the Secretary considers most appropriate to 2 carry out this subchapter. 3 ‘‘(2) TREATMENT 4 ‘‘(A) IN GENERAL.—A grant made under 5 this subsection shall be treated as having been 6 made pursuant to the Secretary’s authority 7 under section 47104(a) and from the Sec- 8 retary’s discretionary fund under subsection (a) 9 of this section. 10 ‘‘(B) EXCEPTION.—Except as otherwise 11 provided in this subsection, grants made under 12 this subsection shall not be subject to sub- 13 section (c), section 47117(e), or any other ap- 14 portionment formula, special apportionment 15 category, or minimum percentage set forth in 16 this chapter. 17 ‘‘(3) ELIGIBILITY.—The Secretary may provide 18 grants under this subsection only for projects— 19 ‘‘(A) at a nonprimary airport that— 20 ‘‘(i) is classified as a regional, local, 21 or basic airport, as determined using the 22 Department of Transportation’s most re- 23 cently published classification; and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 OF GRANTS.— 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 6 1 ‘‘(ii) is not located within a Metropoli- 2 tan Statistical Area (as defined by the Of- 3 fice of Management and Budget); 4 ‘‘(B) at a nonhub, small hub, or medium 5 hub airport; or 6 ‘‘(C) at an airport receiving an exemption 7 under section 47134. 8 ‘‘(4) FEDERAL 9 ‘‘(A) IN GENERAL.—Except as provided in 10 subparagraph (B), the Government’s share of 11 allowable project costs under this subsection is 12 80 percent. 13 ‘‘(B) SUBMISSION.—In applying for a 14 grant under this subsection, an airport sponsor 15 that proposes a lower Government share of al- 16 lowable project costs than the share specified in 17 subparagraph (A) shall receive priority com- 18 mensurate with the reduction in such share. 19 Projects shall receive equal priority consider- 20 ation if such project— 21 ‘‘(i) has a proposed Government cost 22 share of 50 percent or less; or 23 ‘‘(ii) is at an airport receiving an ex- 24 emption under section 47134. 25 ‘‘(5) AUTHORIZATION.— g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 SHARE.— 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 7 1 ‘‘(A) IN GENERAL.—There is authorized to 2 be appropriated to the Secretary to carry out 3 this subsection the following amounts: 4 ‘‘(i) $1,020,000,000 for fiscal year 5 2019. 6 ‘‘(ii) $1,041,000,000 for fiscal year 7 2020. 8 ‘‘(iii) $1,064,000,000 for fiscal year 9 2021. 10 ‘‘(iv) $1,087,000,000 for fiscal year 11 2022. 12 ‘‘(v) $1,110,000,000 for fiscal year 13 2023. 14 ‘‘(B) AVAILABILITY.—Sums authorized to 15 be appropriated under subparagraph (A) shall 16 remain available for 2 fiscal years.’’. 17 SEC. 1ll. SAFETY EQUIPMENT. 18 Section 47102(3)(B)(ii) of title 49, United States 19 Code, is amended by striking ‘‘and emergency call boxes,’’ 20 and inserting ‘‘emergency call boxes, and counter-UAS 21 systems (as defined in section 40102),’’. Page 100, strike line 17 and all that follows through page 103, line 19. Page 112, strike lines 10 through 12. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 8 At the end of subtitle A of title III, add the following: 1 SEC. 3ll. FAA AND NTSB REVIEW OF GENERAL AVIATION 2 3 SAFETY. (a) STUDY REQUIRED.—Not later than 30 days after 4 the date of enactment of this Act, the Administrator of 5 the Federal Aviation Administration, in coordination with 6 the Chairman of the National Transportation Safety 7 Board, shall initiate a study of general aviation safety. 8 (b) STUDY CONTENTS.—The study required under 9 subsection (a) shall include— 10 11 (1) a review of all general aviation accidents since 2000, including a review of— 12 (A) the number of such accidents; 13 (B) the number of injuries and fatalities, 14 including with respect to both occupants of air- 15 craft and individuals on the ground, as a result 16 of such accidents; 17 (C) the number of such accidents inves- 18 tigated by the National Transportation Safety 19 Board; 20 (D) the number of such accidents inves- 21 tigated by the Federal Aviation Administration; 22 and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 9 1 (E) a summary of the factual findings and 2 probable cause determinations with respect to 3 such accidents; 4 (2) an assessment of the most common prob- 5 able cause determinations issued for general aviation 6 accidents since 2000; 7 (3) an assessment of the most common facts 8 analyzed by the Federal Aviation Administration and 9 the National Transportation Safety Board in the 10 course of investigations of general aviation accidents 11 since 2000, including operational details; 12 (4) a review of the safety recommendations of 13 the National Transportation Safety Board related to 14 general aviation accidents since 2000; 15 (5) an assessment of the responses of the Fed- 16 eral Aviation Administration and the general avia- 17 tion community to the safety recommendations of 18 the National Transportation Safety Board related to 19 general aviation accidents since 2000; 20 21 (6) an assessment of the most common general aviation safety issues; 22 (7) a review of the total costs to the Federal 23 Government to conduct investigations of general 24 aviation accidents over the last 10 years; and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 10 1 (8) other matters the Administrator or the 2 Chairman considers appropriate. 3 (c) RECOMMENDATIONS AND ACTIONS TO ADDRESS 4 GENERAL AVIATION SAFETY.—Based on the results of the 5 study required under subsection (a), the Administrator, in 6 consultation with the Chairman, shall make such rec7 ommendations, including with respect to regulations and 8 enforcement activities, as the Administrator considers nec9 essary to— 10 11 (1) address general aviation safety issues identified under the study; 12 13 (2) protect persons and property on the ground; and 14 (3) improve the safety of general aviation oper- 15 ators in the United States. 16 (d) AUTHORITY.—Notwithstanding any other provi- 17 sion of law, the Administrator shall have the authority to 18 undertake actions to address the recommendations made 19 under subsection (c). 20 (e) REPORT.—Not later than 1 year after the date 21 of enactment of this Act, the Administrator shall submit 22 to the Committee on Transportation and Infrastructure 23 of the House of Representatives and the Committee on 24 Commerce, Science, and Transportation of the Senate a 25 report on the results of the study required under sub- g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 11 1 section (a), including the recommendations described in 2 subsection (c). 3 (f) GENERAL AVIATION DEFINED.—In this section, 4 the term ‘‘general aviation’’ means aircraft operation for 5 personal, recreational, or other noncommercial purposes. 6 SEC. 3ll. CALL TO ACTION AIRLINE ENGINE SAFETY RE- 7 VIEW. 8 9 (a) CALL VIEW.—Not TO ACTION AIRLINE ENGINE SAFETY RE- later than 90 days after the date of enact- 10 ment of this Act, the Administrator of the Federal Avia11 tion Administration shall initiate a Call to Action safety 12 review on airline engine safety in order to bring stake13 holders together to share best practices and implement ac14 tions to address airline engine safety. 15 (b) CONTENTS.—The Call to Action safety review re- 16 quired pursuant to subsection (a) shall include— 17 (1) a review of Administration regulations, 18 guidance, and directives related to airline engines 19 during design and production, including the over- 20 sight of those processes; 21 (2) a review of Administration regulations, 22 guidance, and directives related to airline engine op- 23 eration and maintenance and the oversight of those 24 processes; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 12 1 (3) a review of reportable accidents and inci- 2 dents involving airline engines during calendar years 3 2014 through 2018, including any identified contrib- 4 uting factors to the reportable accident or incident; 5 and 6 (4) a process for stakeholders, including inspec- 7 tors, manufacturers, maintenance providers, airlines, 8 and aviation safety experts, to provide feedback and 9 share best practices. 10 (c) REPORT AND RECOMMENDATIONS.—Not later 11 than 90 days after the conclusion of the Call to Action 12 safety review pursuant to subsection (a), the Adminis13 trator shall submit to the Committee on Transportation 14 and Infrastructure of the House of Representatives and 15 the Committee on Commerce, Science, and Transportation 16 of the Senate a report on the results of the review and 17 any recommendations for actions or best practices to im18 prove airline engine safety. 19 SEC. 3ll. SPECIAL RULE FOR CERTAIN AIRCRAFT OPER- 20 21 ATIONS. (a) IN GENERAL.—Chapter 447 of title 49, United 22 States Code, as amended by this Act, is further amended 23 by adding at the end the following: g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 13 1 ‘‘§ 44737. Special rule for certain aircraft operations 2 ‘‘(a) IN GENERAL.—The operator of an aircraft with 3 a special airworthiness certificate in the experimental cat4 egory may— 5 ‘‘(1) operate the aircraft for the purpose of con- 6 ducting a commercial space transportation support 7 flight; and 8 ‘‘(2) conduct such flight under such certificate 9 carrying persons or property for compensation or 10 hire notwithstanding any rule or term of a certificate 11 issued by the Administrator of the Federal Aviation 12 Administration that would prohibit flight for com- 13 pensation or hire. 14 ‘‘(b) LIMITED APPLICABILITY.—Subsection (a) shall 15 apply only to a commercial space transportation support 16 flight that satisfies each of the following: 17 18 ‘‘(1) The aircraft conducting the commercial space transportation support flight— 19 ‘‘(A) takes flight and lands at a single site 20 that is licensed for operation under chapter 509 21 of title 51; and 22 ‘‘(B) is used only to simulate space flight 23 conditions in support of— 24 ‘‘(i) training for potential space flight 25 participants or crew (as those terms are 26 defined in chapter 509 of title 51); or g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 14 1 ‘‘(ii) the testing of hardware to be 2 used in space flight. 3 4 ‘‘(2) The operator of the commercial space transportation support flight— 5 ‘‘(A) informs, in writing, any individual 6 serving as crew of the aircraft that the United 7 States Government has not certified the aircraft 8 as safe for carrying crew or passengers prior to 9 executing any contract or other arrangement to 10 employ that individual (or, in the case of an in- 11 dividual already employed as of the date of en- 12 actment of this section, prior to any commercial 13 space transportation support flight in which the 14 individual will participate as crew); 15 ‘‘(B) prior to receiving any compensation 16 for carrying any passengers on the aircraft— 17 ‘‘(i) informs, in writing, the pas- 18 sengers about the risks of the aircraft and 19 commercial space transportation support 20 flight, including the safety record for the 21 operator’s fleet of similar vehicle types and 22 information sufficient to adequately de- 23 scribe the safety record for the vehicle type 24 regardless of operator; and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 15 1 ‘‘(ii) informs, in writing, any pas- 2 senger that the United States Government 3 has not certified the aircraft as safe for 4 carrying crew or passengers; 5 ‘‘(C) provides any passenger an oppor- 6 tunity to ask questions orally to acquire a bet- 7 ter understanding of the safety record of the 8 aircraft and commercial space transportation 9 support flight; and 10 ‘‘(D) obtains written informed consent 11 from any individual serving as crew and all pas- 12 sengers of the commercial space transportation 13 support flight that— 14 ‘‘(i) identifies the specific aircraft the 15 consent covers; 16 ‘‘(ii) states that the individual under- 17 stands the risk and that the presence of 18 the individual on board the aircraft is vol- 19 untary; and 20 ‘‘(iii) is signed and dated by the indi- 21 vidual. 22 ‘‘(3) When the aircraft is also a launch vehicle, 23 reentry vehicle, or component of a launch or reentry 24 vehicle, the operator of the aircraft holds a license g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 16 1 or permit issued under chapter 509 of title 51 for 2 that vehicle or vehicle component. 3 ‘‘(4) Any other requirements that the Adminis- 4 trator may prescribe to permit a commercial space 5 transportation support flight under this section. 6 ‘‘(c) RULES OF CONSTRUCTION.— 7 ‘‘(1) Section 44711(a)(1) shall not apply to a 8 person conducting a commercial space transpor- 9 tation support flight under this section only to the 10 extent that a term of the experimental certificate 11 under which the person is operating the aircraft pro- 12 hibits the carriage of persons or property for com- 13 pensation or hire. 14 ‘‘(2) Nothing in this section shall be construed 15 to limit the authority of the Administrator to exempt 16 a person from a regulatory prohibition on the car- 17 riage of persons or property for compensation or 18 hire subject to terms and conditions other than 19 those described in this section.’’. 20 (b) CLERICAL AMENDMENT.—The analysis for chap- 21 ter 447 of title 49, United States Code, as amended by 22 this Act, is further amended by adding at the end the fol23 lowing: ‘‘44737. Special rule for certain aircraft operations.’’. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00016 Fmt 6652 Sfmt 6211 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 17 At the end of subtitle B of title III, add the following: 1 SEC. 3ll. DEFINITIONS. 2 Section 40102(a) of title 49, United States Code, is 3 amended by adding at the end the following: 4 ‘‘(48) ‘counter-UAS system’ means a system or 5 device capable of lawfully and safely disabling, dis- 6 rupting, or seizing control of an unmanned aircraft 7 or unmanned aircraft system. 8 ‘‘(49) ‘public unmanned aircraft system’ means 9 an unmanned aircraft system that meets the quali- 10 fications and conditions required for operation of a 11 public aircraft. 12 ‘‘(50) ‘small unmanned aircraft’ means an un- 13 manned aircraft weighing less than 55 pounds, in- 14 cluding everything that is on board or otherwise at- 15 tached to the aircraft. 16 ‘‘(51) ‘unmanned aircraft’ means an aircraft 17 that is operated without the possibility of direct 18 human intervention from within or on the aircraft. 19 ‘‘(52) ‘unmanned aircraft system’ means an un- 20 manned aircraft and associated elements (including 21 communication links and the components that con- 22 trol the unmanned aircraft) that are required for the g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 18 1 pilot in command to operate safely and efficiently in 2 the national airspace system. 3 ‘‘(53) ‘UTM’ means an unmanned aircraft traf- 4 fic management system or service.’’. Page 176, strike line 9 (and redesignate accord- ingly). Page 176, after line 12, insert the following: 5 (3) 3 representatives, to be appointed by the 6 Secretary, to represent the various segments of the 7 air ambulance industry. At the end of subtitle A of title IV, insert the fol- lowing: 8 SEC. 4ll. ENHANCED TRAINING OF FLIGHT ATTENDANTS. 9 Section 44734(a) of title 49, United States Code, is 10 amended— 11 12 (1) in paragraph (3) by striking ‘‘and’’ at the end; 13 14 (2) in paragraph (4) by striking the period at the end and inserting ‘‘; and’’; and 15 (3) by adding at the end the following: 16 ‘‘(5) dealing with allegations of sexual mis- 17 conduct.’’. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 19 1 SEC. 4ll. 2 3 ADDRESSING SEXUAL MISCONDUCT ON FLIGHTS. (a) ESTABLISHMENT OF WORKING GROUP.—The 4 Secretary of Transportation shall establish a sexual mis5 conduct incident working group composed of aviation in6 dustry stakeholders, relevant Federal agencies, national 7 organizations that specialize in providing services to vic8 tims of sexual misconduct, labor organizations that rep9 resent relevant aviation employees, and State and local law 10 enforcement agencies. 11 (b) PURPOSE OF WORKING GROUP.—The purpose of 12 the working group shall be to develop best practices for— 13 (1) addressing sexual misconduct on flights; 14 (2) airline employee training; and 15 (3) protocols for law enforcement notification. 16 (c) REPORT.—Not later than 1 year after the date 17 of enactment of this Act, the working group shall submit 18 a report describing the best practices developed pursuant 19 to subsection (b) to the Secretary, the Committee on 20 Transportation and Infrastructure of the House of Rep21 resentatives, and the Committee on Commerce, Science, 22 and Transportation of the Senate. 23 (d) SUNSET.—The working group established pursu- 24 ant to subsection (a) shall terminate 60 days after the 25 submission of the report pursuant to subsection (c). g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 20 At the end of subtitle B of title IV, insert the following: 1 SEC. 4ll. AIRLINE PASSENGERS WITH DISABILITIES BILL 2 3 OF RIGHTS. (a) IN GENERAL.—Chapter 423 of title 49, United 4 States Code, as amended by this Act, is further amended 5 by adding at the end the following: 6 ‘‘§ 42305. Airline Passengers With Disabilities Bill of 7 8 Rights ‘‘(a) IN GENERAL.—The Secretary of Transportation 9 shall develop a document, to be known as the ‘Airline Pas10 sengers With Disabilities Bill of Rights’, that describes in 11 plain language— 12 ‘‘(1) the basic responsibilities of covered car- 13 riers, including their employees and contractors, 14 under section 41705; and 15 ‘‘(2) the protections of air passengers with dis- 16 abilities under section 41705. 17 ‘‘(b) CONTENT.—In developing the Bill of Rights, the 18 Secretary shall include, at a minimum, plain language de19 scriptions of responsibilities and protections provided in 20 law related to— 21 22 ‘‘(1) the right of passengers with disabilities to be treated with dignity and respect; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 21 1 ‘‘(2) the right of passengers with disabilities to 2 receive timely assistance, if requested, from properly 3 trained personnel of covered carriers and their con- 4 tractors; 5 ‘‘(3) the right of passengers with disabilities to 6 travel with and stow wheelchairs, mobility aids, and 7 other assistive devices, including necessary medica- 8 tions and medical supplies; 9 ‘‘(4) the right of passengers with disabilities to 10 receive seating accommodations, if requested, to ac- 11 commodate a disability; 12 ‘‘(5) the right of passengers with disabilities to 13 speak with a complaint resolution officer or to file 14 a complaint with a covered carrier or the Depart- 15 ment of Transportation; and 16 ‘‘(6) the right of passengers with disabilities to 17 communications in an accessible format as required 18 under Federal regulations. 19 ‘‘(c) RULE OF CONSTRUCTION.—The development of 20 the Bill of Rights may not be construed as expanding or 21 restricting the rights available to passengers with disabil22 ities on the day before the date of enactment of this sec23 tion pursuant to any statute or regulation. 24 ‘‘(d) CONSULTATIONS.—In developing the Bill of 25 Rights, the Secretary shall consult with appropriate stake- g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 22 1 holders, including disability organizations and covered car2 riers. 3 ‘‘(e) DISPLAY.—Each covered carrier shall include 4 the Bill of Rights— 5 6 ‘‘(1) on a publicly available internet website of the covered carrier; and 7 ‘‘(2) in any pre-flight notification or commu- 8 nication provided to a passenger who alerts the cov- 9 ered carrier in advance of the need for accommoda- 10 tions relating to a disability. 11 ‘‘(f) TRAINING.—Covered carriers shall submit to the 12 Secretary plans to ensure that their employees and con13 tractors receive training on the responsibilities and protec14 tions described in the Bill of Rights. The Secretary shall 15 review such plans to ensure the plans address the matters 16 described in subsection (b). 17 ‘‘(g) DEFINITIONS.—In this section, the following 18 definitions apply: 19 ‘‘(1) BILL RIGHTS.—The term ‘Bill of 20 Rights’ means the ‘Airline Passengers With Disabil- 21 ities Bill of Rights’ developed under subsection (a). 22 ‘‘(2) COVERED CARRIER.—The term ‘covered 23 carrier’ means an air carrier or foreign air carrier, 24 as those terms are defined in section 40102(a).’’. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 OF 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 23 1 (b) CLERICAL AMENDMENT.—The analysis for chap- 2 ter 423 of title 49, United States Code, as amended by 3 this Act, is further amended by adding at the end the fol4 lowing: ‘‘42305. Airline Passengers With Disabilities Bill of Rights.’’. 5 SEC. 4ll. CIVIL PENALTIES RELATING TO HARM TO PAS- 6 SENGERS WITH DISABILITIES. 7 Section 46301(a) of title 49, United States Code, is 8 further amended by adding at the end the following: 9 10 ‘‘(7) PENALTIES RELATING SENGERS 11 HARM TO PAS- WITH DISABILITIES.— ‘‘(A) PENALTY FOR BODILY HARM OR DAMAGE 12 TO WHEELCHAIR OR OTHER MOBILITY AID.—The 13 amount of a civil penalty assessed under this section 14 for a violation of section 41705 may be increased 15 above the otherwise applicable maximum amount 16 under this section to an amount not to exceed 3 17 times the maximum civil penalty otherwise allowed if 18 the violation involves— 19 ‘‘(i) injury to a passenger with a disability; 20 or 21 ‘‘(ii) damage to the passenger’s wheelchair 22 or other mobility aid. 23 ‘‘(B) SEPARATE 24 17:12 Apr 23, 2018 OFFENCES.—Notwithstanding paragraph (2), a separate violation of section 41705 g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 TO Jkt 000000 (690918 35) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 24 1 occurs for each act of discrimination prohibited by 2 that section.’’. 3 SEC. 4ll. HARMONIZATION OF SERVICE ANIMAL STAND- 4 5 ARDS. (a) RULEMAKING.—The Secretary of Transportation 6 shall conduct a rulemaking proceeding— 7 8 (1) to define the term ‘‘service animal’’ for purposes of air transportation; and 9 (2) to develop minimum standards for what is 10 required for service and emotional support animals 11 carried in aircraft cabins. 12 (b) CONSIDERATIONS.—In conducting the rule- 13 making under subsection (a), the Secretary shall consider, 14 at a minimum— 15 (1) whether to align the definition of ‘‘service 16 animal’’ with the definition of that term in regula- 17 tions of the Department of Justice implementing the 18 Americans with Disabilities Act of 1990 (Public Law 19 101–336); 20 21 (2) reasonable measures to ensure pets are not claimed as service animals, such as— 22 (A) whether to require photo identification 23 for a service animal identifying the type of ani- 24 mal, the breed of animal, and the service the 25 animal provides to the passenger; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 25 1 (B) whether to require documentation indi- 2 cating whether or not a service animal was 3 trained by the owner or an approved training 4 organization; 5 (C) whether to require, from a licensed 6 physician, documentation indicating the miti- 7 gating task or tasks a service animal provides 8 to its owner; and 9 (D) whether to allow a passenger to be ac- 10 companied by more than 1 service animal; 11 (3) reasonable measures to ensure the safety of 12 all passengers, such as— 13 (A) whether to require health and vaccina- 14 tion records for a service animal; and 15 (B) whether to require third-party proof of 16 behavioral training for a service animal; 17 (4) the impact additional requirements on serv- 18 ice animals could have on access to air transpor- 19 tation for passengers with disabilities; and 20 (5) if impacts on access to air transportation 21 for passengers with disabilities are found, ways to 22 eliminate or mitigate those impacts. 23 (c) FINAL RULE.—Not later than 18 months after 24 the date of enactment of this Act, the Secretary shall issue g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 26 1 a final rule pursuant to the rulemaking conducted under 2 this section. Page 188, strike lines 1 through 15. Page 188, beginning on line 21, strike ‘‘inserting’’ and all that follows through the period at the end and insert ‘‘inserting ‘$155,000,000 for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000 for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000 for fiscal year 2022, and $172,000,000 for fiscal year 2023’.’’. Page 197, line 3, strike ‘‘Section’’ and insert the following: 3 (a) PURPOSE AND INPUT.—Section Page 197, after line 17, insert the following: 4 (b) MILITARY OPERATIONS EXCLUSION.—Section 5 804 of the FAA Modernization and Reform Act of 2012 6 (49 U.S.C. 44501 note) is amended— 7 8 (1) by redesignating subsection (e) as subsection (f); and 9 (2) by inserting after subsection (d) the fol- 10 lowing: 11 ‘‘(e) MILITARY OPERATIONS EXCLUSION.— g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 27 1 ‘‘(1) IN GENERAL.—The Administrator may not 2 realign or consolidate a combined TRACON and 3 tower with radar facility of the FAA under this sec- 4 tion if, in 2015, the total annual military operations 5 at the facility comprised at least 40 percent of the 6 total annual TRACON operations at the facility. 7 ‘‘(2) TRACON DEFINED.—In this subsection, 8 the term ‘TRACON’ means terminal radar approach 9 control.’’. Page 230, strike lines 12 and 13 and insert the fol- lowing: ‘‘United States Code, is amended by striking ‘and’ and all that follows through ‘administrative’ and inserting ‘and administrative’.’’. Page 243, line 20, strike ‘‘(48)’’ and insert ‘‘(54)’’. Page 244, line 6, strike ‘‘44737’’ and insert ‘‘44738’’. Page 244, in the matter following line 18, strike ‘‘44737’’ and insert ‘‘44738’’. At the end of title V, add the following: 10 SEC. 5ll. FAA EMPLOYEES IN GUAM. 11 (a) IN GENERAL.—The Secretary of Transportation 12 shall enter into an agreement with the Secretary of De13 fense— g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 28 1 (1) to allow Federal Aviation Administration 2 employees assigned to Guam, their spouses, and 3 their dependent children access to Department of 4 Defense hospitals located in Guam on a space avail- 5 able basis; and 6 (2) to provide for payments by the Federal 7 Aviation Administration to the Department of De- 8 fense for the administrative costs associated with— 9 (A) enrolling Federal Aviation Administra- 10 tion employees assigned to Guam, their spouses, 11 and their dependent children in any Depart- 12 ment of Defense system necessary to allow ac- 13 cess pursuant to paragraph (1); and 14 (B) billing an insurance company for any 15 medical costs incurred as a result of Federal 16 Aviation 17 spouses, or their dependent children accessing 18 and receiving medical treatment or services at 19 a Department of Defense hospital located in 20 Guam. 21 Administration (b) FUNDS SUBJECT TO employees, their APPROPRIATIONS.—Funds 22 for payments by the Federal Aviation Administration de23 scribed in subsection (a)(2) are subject to the availability 24 of amounts specifically provided in advance for that pur25 pose in appropriations Acts. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 29 1 SEC. 5ll. CLARIFICATION OF REQUIREMENTS FOR LIVING 2 3 HISTORY FLIGHTS. (a) IN GENERAL.—Notwithstanding any other law or 4 regulation, in administering sections 61.113(c), 91.9, 5 91.315, 91.319(a)(1), 91.319(a)(2), 119.5(g), and 6 119.21(a) of title 14, Code of Federal Regulations (or any 7 successor regulations), the Administrator of the Federal 8 Aviation Administration shall allow an aircraft owner or 9 operator to accept monetary or in-kind donations for a 10 flight operated by a living history flight experience pro11 vider, if the aircraft owner or operator has— 12 13 (1) volunteered to provide such transportation; and 14 (2) notified any individual that will be on the 15 flight, at the time of inquiry about the flight, that 16 the flight operation is for charitable purposes and is 17 not subject to the same requirements as a commer- 18 cial flight. 19 (b) CONDITIONS TO ENSURE PUBLIC SAFETY.—The 20 Administrator, consistent with current standards of the 21 Administration for such operations, shall impose minimum 22 standards with respect to training and flight hours for op23 erations conducted by an owner or operator of an aircraft 24 providing living history flight experience operations, in25 cluding mandating that the pilot in command of such air26 craft hold a commercial pilot certificate with instrument g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 30 1 rating and be current and qualified with respect to all rat2 ings or authorizations applicable to the specific aircraft 3 being flown to ensure the safety of flight operations de4 scribed in subsection (a). 5 6 (c) LIVING HISTORY FLIGHT EXPERIENCE PROVIDER DEFINED.—In this section, the term ‘‘living history 7 flight experience provider’’ means an aircraft owner, air8 craft operator, or organization that provides, arranges, or 9 otherwise fosters living history flight experiences for the 10 purpose of fulfilling its mission. 11 SEC. 5ll. FAA ORGANIZATIONAL REFORM. 12 13 (a) AEROSPACE MANAGEMENT ADVISORY COUNCIL.— 14 (1) IN 106(p) of title 49, 15 United States Code, is amended to read as follows: 16 ‘‘(p) AEROSPACE MANAGEMENT ADVISORY COUN- 17 CIL.— 18 ‘‘(1) IN GENERAL.—Not later than 60 days 19 after the date of enactment of the FAA Reauthoriza- 20 tion Act of 2018, the Secretary shall establish an 21 Aerospace Management Advisory Council (in this 22 section referred to as the ‘Advisory Council’). 23 ‘‘(2) FUNCTIONS.—The Advisory Council— g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 GENERAL.—Section 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 31 1 ‘‘(A) shall recommend to the Secretary 2 candidates to serve as the Chief Operating Offi- 3 cer; 4 ‘‘(B) shall provide advice to the Secretary 5 and the Chief Operating Officer on issues that 6 affect or are affected by the operation of the air 7 traffic control system and the provision of air 8 navigation services; 9 ‘‘(C) shall function as the primary advisory 10 resource for management, policy, spending, and 11 regulatory matters under the jurisdiction of the 12 Chief Operating Officer; and 13 ‘‘(D) may review and issue recommenda- 14 tions on— 15 ‘‘(i) the rulemaking and procurement 16 benefit-cost analysis process; 17 ‘‘(ii) any rulemaking or procurement 18 benefit-cost analysis associated with the air 19 traffic control system as the Advisory 20 Council, the Secretary, or the Chief Oper- 21 ating Officer may decide; 22 ‘‘(iii) the process by which the Admin- 23 istration determines whether to use advi- 24 sory circulars and service bulletins; and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 32 1 ‘‘(iv) the performance of the Chief 2 Operating Officer with respect to the re- 3 sponsibilities of the Chief Operating Offi- 4 cer. 5 ‘‘(3) MEMBERSHIP.— 6 ‘‘(A) IN Advisory Council 7 shall consist of 13 members, who shall consist 8 of— 9 ‘‘(i) a designee of the Secretary of 10 Transportation; 11 ‘‘(ii) a designee of the Secretary of 12 Defense; 13 ‘‘(iii) 1 member appointed by the Sec- 14 retary of Transportation from among the 15 individuals who are the national officers of 16 the exclusive bargaining representative, as 17 certified under section 7111 of title 5, of 18 air traffic controllers; and 19 ‘‘(iv) 10 members appointed by the 20 Secretary of Transportation to represent 21 the interests of the aviation industry, in- 22 cluding— 23 ‘‘(I) passenger air carriers; 24 ‘‘(II) cargo air carriers; 25 ‘‘(III) regional air carriers; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 GENERAL.—The 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 33 1 ‘‘(IV) general aviation; 2 ‘‘(V) airports; 3 ‘‘(VI) commercial pilots; and 4 ‘‘(VII) new entrants to the aero- 5 space industry. 6 ‘‘(B) CHAIR; Advisory 7 Council shall elect a chair and a vice chair from 8 among the members appointed under subpara- 9 graph (A)(iv), each of whom shall serve for a 10 term of 1 year. The vice chair shall perform the 11 duties of the chair in the absence of the chair. 12 ‘‘(C) QUALIFICATIONS.—No officer or em- 13 ployee of the United States Government may be 14 appointed to the Advisory Council under sub- 15 paragraph (A)(iv). 16 ‘‘(D) TERMS.— 17 ‘‘(i) SECRETARIAL DESIGNEES.—The 18 members of the Advisory Council des- 19 ignated under subparagraphs (A)(i) and 20 (A)(ii) shall serve at the pleasure of the 21 Secretary that appointed the member. 22 ‘‘(ii) AIR TRAFFIC CONTROL SYSTEM 23 MEMBER.—The 24 Council appointed under subparagraph 25 (A)(iii) shall serve for a term of 4 years, g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 VICE CHAIR.—The 17:12 Apr 23, 2018 Jkt 000000 member of the Advisory (690918 35) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 34 1 except that the term of such individual 2 shall end whenever the individual no longer 3 meets the requirements of such subpara- 4 graph. 5 ‘‘(iii) INDUSTRY 6 as provided in clause (iv) of this subpara- 7 graph, the term of each member of the Ad- 8 visory Council appointed under subpara- 9 graph (A)(iv) shall serve for a term of 4 10 years. 11 ‘‘(iv) 12 TERMS.—Upon 13 sory Council, the Secretary shall stagger 14 the initial terms of the members appointed 15 under subparagraph (A)(iv) to promote the 16 stability of the Advisory Council. STAGGERING OF INITIAL establishment of the Advi- 17 ‘‘(v) VACANCIES.—Any vacancy on the 18 Advisory Council shall be filled in the same 19 manner as the original appointment or des- 20 ignation. Any member appointed to fill a 21 vacancy occurring before the expiration of 22 the term for which the member’s prede- 23 cessor was appointed shall be appointed for 24 the remainder of that term. 25 ‘‘(vi) TERM g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 MEMBERS.—Except 17:12 Apr 23, 2018 Jkt 000000 LIMITS.— (690918 35) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 35 1 ‘‘(I) IN member 2 appointed to the Advisory Council 3 under subparagraph (A)(iii) or (A)(iv) 4 may serve more than 1 consecutive 5 term. 6 ‘‘(II) PARTIAL TERMS.—A partial 7 term for which a member is appointed 8 under the conditions described in 9 clause (v) shall not be considered a 10 term for purposes of subclause (I) of 11 this clause. 12 ‘‘(III) REMOVAL BY SECRETARY 13 OF 14 provided in subclause (IV), any mem- 15 ber of the Advisory Council may be 16 removed for cause by the Secretary of 17 Transportation. 18 TRANSPORTATION.—Except ‘‘(IV) REMOVAL as BY SECRETARY 19 OF DEFENSE.—Only 20 Defense may remove the individual 21 designated 22 (A)(ii). 23 subparagraph shall meet— g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) 17:12 Apr 23, 2018 under the Secretary of ‘‘(E) MEETINGS.—The Advisory Council 24 VerDate Nov 24 2008 GENERAL.—No Jkt 000000 (690918 35) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 36 1 ‘‘(i) at a minimum, on a quarterly 2 basis; 3 ‘‘(ii) in-person at least twice a year; 4 and 5 ‘‘(iii) upon the call of the chair or the 6 Secretary. 7 ‘‘(4) ADMINISTRATIVE 8 ‘‘(A) APPLICATION OF FEDERAL ADVISORY 9 COMMITTEE ACT.—The Federal Advisory Com- 10 mittee Act (5 U.S.C. App.) does not apply to 11 the Advisory Council or such aviation rule- 12 making committees as the Secretary or Admin- 13 istrator shall designate. 14 ‘‘(B) ACCESS TO DOCUMENTS AND 15 STAFF.—The 16 shall provide to the Advisory Council appro- 17 priate access to relevant documents and per- 18 sonnel of the Administration. The Secretary 19 and the Administrator shall make available, 20 consistent with the authority to withhold com- 21 mercial and other proprietary information 22 under section 552 of title 5, cost data associ- 23 ated with the acquisition and operation of air 24 traffic service systems. Any member of the Ad- 25 visory Council who receives commercial or other g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 MATTERS.— 17:12 Apr 23, 2018 Jkt 000000 Secretary and the Administrator (690918 35) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 37 1 proprietary data from the Secretary or the Ad- 2 ministrator shall be subject to the provisions of 3 section 1905 of title 18, pertaining to unauthor- 4 ized disclosure of such information. 5 ‘‘(C) TRAVEL mem- 6 ber of the Advisory Council shall be paid actual 7 travel expenses, and per diem in lieu of subsist- 8 ence expenses when away from his or her usual 9 place of residence, in accordance with section 10 5703 of title 5. 11 ‘‘(D) DETAIL 12 ADMINISTRATION.—The 13 make available to the Advisory Council such 14 staff, information, and administrative services 15 and assistance as may reasonably be required to 16 enable the Council to carry out its responsibil- 17 ities under this subsection.’’. 18 (2) TERMINATION OF PERSONNEL FROM THE Administrator shall OF MANAGEMENT ADVISORY 19 COUNCIL AND AIR TRAFFIC SERVICES COMMITTEE.— 20 The Management Advisory Council and the Air 21 Traffic Services Committee referred to in section 22 106(p) of title 49, United States Code (as in effect 23 on the day before the date of enactment of this Act) 24 shall terminate on the date of enactment of this Act. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 AND PER DIEM.—Each 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 38 1 (3) REGULATION REFORM.—Section 106(p) of 2 title 49, United States Code, as amended by this 3 section, is further amended in paragraph (4)(A) by 4 inserting ‘‘or aerospace’’ after ‘‘aviation’’. 5 (b) CHIEF OPERATING OFFICER.—Section 106(r) of 6 title 49, United States Code, is amended— 7 (1) in paragraph (1)— 8 (A) by striking subparagraphs (A) and (B) 9 and inserting the following: 10 ‘‘(A) HIRING.—There shall be a Chief Op- 11 erating Officer for the air traffic control system 12 to be appointed by the Secretary, after con- 13 sultation with the Aerospace Management Advi- 14 sory Council. The Chief Operating Officer shall 15 report directly to the Secretary and shall be 16 subject to the authority of the Secretary. 17 ‘‘(B) 18 QUALIFICATIONS.—The Chief Operating Officer shall have— 19 ‘‘(i) at least 10 years of demonstrated 20 ability in organizational leadership of a 21 large private-sector organization; and 22 ‘‘(ii) knowledge of or experience in 23 aviation.’’; and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 MINIMUM 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 39 1 (B) in subparagraph (D) by striking ‘‘Ad- 2 ministrator’’ each place it appears and inserting 3 ‘‘Secretary’’; 4 (2) in paragraph (2)— 5 (A) in subparagraph (A) by striking ‘‘Ad- 6 ministrator’’ and inserting ‘‘Secretary’’; and 7 (B) in subparagraph (B) by striking ‘‘Ad- 8 ministrator’s’’ and inserting ‘‘Secretary’s’’; 9 (3) in paragraph (3) by striking ‘‘The Adminis- 10 trator and the Chief Operating Officer, in consulta- 11 tion with the Air Traffic Services Committee,’’ and 12 inserting ‘‘The Secretary and the Chief Operating 13 Officer, in consultation with the Aerospace Manage- 14 ment Advisory Council,’’; and 15 (4) in paragraph (5) by striking ‘‘Adminis- 16 trator’’ each place it appears and inserting ‘‘Sec- 17 retary’’. 18 (c) CHIEF TECHNOLOGY OFFICER.— 19 (1) IN 106(s) of title 49, 20 United States Code, is amended to read as follows: 21 ‘‘(s) CHIEF TECHNOLOGY OFFICER.— 22 ‘‘(1) IN GENERAL.— 23 ‘‘(A) APPOINTMENT.—There shall be a 24 Chief Technology Officer appointed by the 25 Chief Operating Officer, with the approval of g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 GENERAL.—Section 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 40 1 the Secretary. The Chief Technology Officer 2 shall report directly to the Chief Operating Of- 3 ficer and shall be subject to the authority of the 4 Chief Operating Officer. 5 ‘‘(B) 6 QUALIFICATIONS.—The Chief Technology Officer shall have— 7 ‘‘(i) at least 10 years experience in en- 8 gineering management or another relevant 9 technical management field; and 10 ‘‘(ii) knowledge of or experience in the 11 aviation industry. 12 ‘‘(C) REMOVAL.—The Chief Technology 13 Officer shall serve at the pleasure of the Chief 14 Operating Officer. 15 ‘‘(D) RESTRICTION.—The Chief Tech- 16 nology Officer may not also be the Deputy Ad- 17 ministrator. 18 ‘‘(2) RESPONSIBILITIES.—The responsibilities 19 of the Chief Technology Officer shall include— 20 ‘‘(A) ensuring the proper operation, main- 21 tenance, and cybersecurity of technology sys- 22 tems relating to the air traffic control system 23 across all program offices of the Administra- 24 tion; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 MINIMUM 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 41 1 ‘‘(B) coordinating the implementation, op- 2 eration, maintenance, and cybersecurity of tech- 3 nology programs relating to the air traffic con- 4 trol system with the aerospace industry and 5 other Federal agencies; 6 ‘‘(C) reviewing and providing advice to the 7 Secretary, the Administrator, and the Chief Op- 8 erating Officer on the Administration’s budget, 9 cost accounting system, and benefit-cost anal- 10 yses with respect to technology programs relat- 11 ing to the air traffic control system; 12 ‘‘(D) consulting with the Administrator on 13 the Capital Investment Plan of the Administra- 14 tion prior to its submission to Congress; 15 ‘‘(E) developing an annual air traffic con- 16 trol system technology operation and mainte- 17 nance plan that is consistent with the annual 18 performance targets established under para- 19 graph (4); and 20 ‘‘(F) ensuring that the air traffic control 21 system architecture remains, to the maximum 22 extent practicable, flexible enough to incor- 23 porate future technological advances developed 24 and directly procured by aircraft operators. 25 ‘‘(3) COMPENSATION.— g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 42 1 Chief Technology 2 Officer shall be paid at an annual rate of basic 3 pay to be determined by the Secretary, in con- 4 sultation with the Chief Operating Officer. The 5 annual rate may not exceed the annual com- 6 pensation paid under section 102 of title 3. The 7 Chief Technology Officer shall be subject to the 8 postemployment provisions of section 207 of 9 title 18 as if the position of Chief Technology 10 Officer 11 207(c)(2)(A)(i) of that title. were described in section 12 ‘‘(B) BONUS.—In addition to the annual 13 rate of basic pay authorized by subparagraph 14 (A), the Chief Technology Officer may receive a 15 bonus for any calendar year not to exceed 30 16 percent of the annual rate of basic pay, based 17 upon the Secretary’s evaluation of the Chief 18 Technology Officer’s performance in relation to 19 the performance targets established under para- 20 graph (4). 21 ‘‘(4) ANNUAL 22 ‘‘(A) IN PERFORMANCE TARGETS.— GENERAL.—The Secretary and the 23 Chief Operating Officer, in consultation with 24 the Chief Technology Officer and the Aerospace 25 Management Advisory Council, shall establish g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 GENERAL.—The ‘‘(A) IN 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 43 1 measurable annual performance targets for the 2 Chief Technology Officer in key operational 3 areas. 4 ‘‘(B) REPORT.—The Secretary shall trans- 5 mit to the Committee on Transportation and 6 Infrastructure of the House of Representatives 7 and the Committee on Commerce, Science, and 8 Transportation of the Senate a report describ- 9 ing the annual performance targets established 10 under subparagraph (A). Such report shall in- 11 clude any recommended targets submitted to 12 the Secretary and the Chief Operating Officer 13 by the Aerospace Management Advisory Council 14 or the Chief Technology Officer. 15 ‘‘(5) ANNUAL REPORT.—The 16 Chief Technology Officer shall prepare and transmit 17 to the Secretary of Transportation, the Committee 18 on Transportation and Infrastructure of the House 19 of Representatives, and the Committee on Com- 20 merce, Science, and Transportation of the Senate an 21 annual report containing— 22 ‘‘(A) detailed descriptions and metrics of 23 how successful the Chief Technology Officer 24 was in meeting the annual performance targets 25 established under paragraph (4); and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 PERFORMANCE 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 44 1 ‘‘(B) other information as may be re- 2 quested by the Secretary and the Chief Oper- 3 ating Officer.’’. 4 (2) CONFORMING AMENDMENTS.— 5 (A) Section 709(a)(3)(L) of the Vision 6 100–Century of Aviation Reauthorization Act 7 (49 U.S.C. 40101 note) is amended by striking 8 ‘‘Chief NextGen Officer’’ and inserting ‘‘Chief 9 Technology Officer’’. 10 (B) Section 804(a)(4)(A) of the FAA Mod- 11 ernization and Reform Act of 2012 (49 U.S.C. 12 44501 note) is amended by striking ‘‘Chief 13 NextGen Officer’’ and inserting ‘‘Chief Tech- 14 nology Officer’’. 15 SEC. 5ll. INTRA-AGENCY COORDINATION. 16 Not later than 120 days after the date of enactment 17 of this Act, the Secretary of Transportation shall direct 18 the Administrator of the Federal Aviation Administration 19 and the Chief Operating Officer of the Air Traffic Organi20 zation to implement policies that— 21 (1) designate the Associate Administrator for 22 Commercial Space Transportation as the primary li- 23 aison between the commercial space transportation 24 industry and the Administration; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 45 1 (2) recognize the necessity of, and set forth 2 processes for, launch license and permit holder co- 3 ordination with the Air Traffic Organization on mat- 4 ters including— 5 (A) the use of air navigation facilities; 6 (B) airspace safety; and 7 (C) planning of commercial space launch 8 and launch support activities; 9 (3) designate a single point of contact within 10 the Air Traffic Organization who is responsible 11 for— 12 (A) maintaining letters of agreement be- 13 tween a launch license or permit holder and a 14 Federal Aviation Administration facility; 15 (B) making such letters of agreement 16 available to the Associate Administrator for 17 Commercial Space Transportation; 18 (C) ensuring that a facility that has en- 19 tered into such a letter of agreement is aware 20 of and fulfills its responsibilities under the let- 21 ter; and 22 (D) liaising between the Air Traffic Orga- 23 nization and the Associate Administrator for 24 Commercial Space Transportation on any mat- 25 ter relating to such a letter of agreement; and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 46 1 (4) require the Associate Administrator for 2 Commercial Space Transportation to facilitate, upon 3 the request of a launch license or permit holder— 4 (A) coordination between a launch license 5 and permit holder and the Air Traffic Organi- 6 zation; and 7 (B) the negotiation of letters of agreement 8 between a launch license or permit holder and 9 a Federal Aviation Administration facility or 10 11 the Air Traffic Organization. SEC. 5ll. FAA CIVIL AVIATION REGISTRY UPGRADE. 12 (a) IN GENERAL.—Not later than 3 years after the 13 date of enactment of this Act, the Administrator of the 14 Federal Aviation Administration shall complete covered 15 upgrades of the Administration’s Civil Aviation Registry 16 (in this section referred to as the ‘‘Registry’’). 17 (b) COVERED UPGRADE DEFINED.—In this section, 18 the term ‘‘covered upgrades’’ means— 19 (1) the digitization of nondigital Registry infor- 20 mation, including paper documents, microfilm im- 21 ages, and photographs, from an analog or nondigital 22 format to a digital format; 23 (2) the digitalization of Registry manual and 24 paper-based processes, business operations, and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 47 1 functions by leveraging digital technologies and a 2 broader use of digitized data; 3 (3) the implementation of systems allowing a 4 member of the public to submit any information or 5 form to the Registry and conduct any transaction 6 with the Registry by electronic or other remote 7 means; and 8 9 10 (4) allowing more efficient, broader, and remote access to the Registry. (c) APPLICABILITY.—The requirements of subsection 11 (a) shall apply to the entire Civil Aviation Registry, includ12 ing the Aircraft Registration Branch and the Airmen Cer13 tification Branch. 14 (d) MANUAL SURCHARGE.—Chapter 453 of title 49, 15 United States Code, is amended by adding at the end the 16 following: 17 ‘‘§ 45306. Manual surcharge 18 ‘‘(a) IN GENERAL.—Not later 6 months after the 19 date of enactment of the FAA Reauthorization Act of 20 2018, the Administrator shall impose and collect a sur21 charge on a Civil Aviation Registry transaction that— 22 23 ‘‘(1) is conducted in person at the Civil Aviation Registry; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 48 1 ‘‘(2) could be conducted, as determined by the 2 Administrator, with the same or greater level of effi- 3 ciency by electronic or other remote means; and 4 ‘‘(3) is not related to research or other non- 5 commercial activities. 6 ‘‘(b) MAXIMUM SURCHARGE.—A surcharge imposed 7 and collected under subsection (a) shall not exceed twice 8 the maximum fee the Administrator is authorized to 9 charge for the registration of an aircraft, not used to pro10 vide air transportation, after the transfer of ownership 11 under section 45302(b)(2). 12 ‘‘(c) CREDIT TO ACCOUNT AND AVAILABILITY.— 13 Monies collected from a surcharge imposed under sub14 section (a) shall be treated as monies collected under sec15 tion 45302 and subject to the terms and conditions set 16 forth in section 45302(d).’’. 17 (e) REPORT.—Not later than 1 year after date of en- 18 actment of this Act, and annually thereafter until the cov19 ered upgrades required under subsection (a) are complete, 20 the Administrator shall submit a report to the Committee 21 on Transportation and Infrastructure of the House of 22 Representatives, and the Committee on Commerce, 23 Science, and Transportation of the Senate describing— 24 25 (1) the schedule for the covered upgrades to the Registry; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 49 1 (2) the office responsible for the implementa- 2 tion of the such covered upgrades; 3 (3) the metrics being used to measure progress 4 in implementing the covered upgrades; and 5 (4) the status of the covered upgrades as of the 6 7 date of the report. SEC. 5ll. REGULATORY STREAMLINING. 8 Not later than 1 year after the date of enactment 9 of this Act, the Administrator of the Federal Aviation Ad10 ministration shall issue a final regulation revising section 11 121.333(c)(3) of title 14, Code of Federal Regulations, to 12 apply only to flight altitudes above flight level 410. 13 SEC. 5ll. ADMINISTRATIVE SERVICES FRANCHISE FUND. 14 (a) IN GENERAL.—Not later than 30 days after the 15 date of enactment of this section, the inspector general 16 of the Department of Transportation shall initiate an 17 audit of the Administrative Services Franchise Fund of 18 the FAA (in this section referred to as the ‘‘Franchise 19 Fund’’). 20 (b) CONSIDERATIONS.—In conducting the audit pur- 21 suant to subsection (a), the inspector general shall— 22 23 (1) review the history, intended purpose, and objectives of the Franchise Fund; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 50 1 (2) describe and assess each program, service, 2 or activity that uses the Franchise Fund, includ- 3 ing— 4 (A) the agencies or government bodies that 5 use each program, service, or activity; 6 (B) the number of employees, including 7 full-time equivalents and contractors, associated 8 with each program, service, or activity; 9 (C) the costs associated with the employees 10 described in subparagraph (B) and the extent 11 to which such costs are covered by Federal ap- 12 propriations or Franchise Fund revenue; 13 (D) the revenue, expenses, and profits or 14 losses associated with each program, service, or 15 activity; 16 (E) overhead rates associated with each 17 program, service, or activity; and 18 (F) a breakdown of the revenue collected 19 from services provided to the FAA, Department 20 of Transportation, other Federal entities, and 21 non-Federal entities; 22 (3) assess the FAA’s governance and oversight 23 of the Franchise Fund and the programs, service, 24 and activities that use the Franchise Fund, includ- g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 51 1 ing the use of internal and publicly available per- 2 formance metrics; 3 (4) evaluate the current and historical unobli- 4 gated and unexpended balances of the Franchise 5 Fund; and 6 (5) assess the degree to which FAA policies and 7 controls associated with the Franchise Fund con- 8 form with generally accepted accounting principles, 9 Federal policies, best practices, or other guidance re- 10 lating to revolving funds. 11 (c) REPORT.—Not later than 180 days after the date 12 of initiation of the audit described in subsection (a), the 13 Inspector General shall submit to the Committee on 14 Transportation and Infrastructure of the House of Rep15 resentatives and the Committee on Commerce, Science, 16 and Transportation of the Senate a report on the results 17 of the audit, including findings and recommendations. 18 (d) DEFINITION.—In this section, the term ‘‘FAA’’ 19 means the Federal Aviation Administration. 20 SEC. 5ll. REPORT ON AIR TRAFFIC CONTROL MOD- 21 22 ERNIZATION. (a) FAA REPORT.—Not later than 180 days after the 23 date of enactment of this Act, the Chief Operating Officer 24 of the Federal Aviation Administration shall submit to the 25 Committee on Transportation and Infrastructure of the g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 52 1 House of Representatives and the Committee on Com2 merce, Science, and Transportation of the Senate a report 3 describing the multiyear effort of the Administration to 4 modernize the air transportation system (in this section 5 referred to as the ‘‘modernization effort’’), including— 6 (1) the number of years that the modernization 7 effort has been underway as of the date of the re- 8 port; 9 (2) the total amount of money expended on the 10 modernization effort as of the date of the report (in- 11 cluding a description of how that amount was cal- 12 culated); 13 (3) the net present value of the benefits re- 14 ported from aircraft operators resulting from the 15 money expended on the modernization effort as of 16 the date of the report; 17 (4) a definition for the Next Generation Air 18 Transportation System (in this section referred to as 19 ‘‘NextGen’’), including a description of any changes 20 to that definition that occurred between 2003 and 21 the date of the report; 22 (5) the net present value of the money ex- 23 pended on NextGen as of the date of the report if 24 such money had been deposited into a Government 25 trust fund instead of being expended on NextGen; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 53 1 (6) a description of the benefits promised and 2 benefits delivered with respect to NextGen as of the 3 date of the report; 4 (7) any changes to the benefits promised with 5 respect to NextGen between the date on which 6 NextGen began and the date of the report; 7 8 (8) a description of each program or project that comprises NextGen, including— 9 (A) when the program or project was initi- 10 ated; 11 (B) the total budget for the program or 12 project; 13 (C) the initial budget for the program or 14 project; 15 (D) the acquisition program baseline for 16 the program or project; 17 (E) whether the program or project has 18 ever breached the acquisition program baseline 19 and, if so, a description of when, why, and how 20 the breach was resolved; 21 (F) whether the program or project has 22 been re-baselined or divided into smaller seg- 23 ments and, if so, a description of when, why, 24 and the impact to the cost of the program or 25 project; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 54 1 (G) the initial schedule for the program or 2 project; 3 (H) whether the program or project was 4 delayed and, if so, a description of how long, 5 why, and the impact to the cost of the program 6 or project; 7 (I) whether the Administration changed 8 any contract term or deliverable for the pro- 9 gram or project and, if so, a description of the 10 change, why it happened, and the impact to the 11 cost of the program or project; 12 (J) benefits promised with respect to the 13 program or project at initiation; 14 (K) benefits delivered with respect to the 15 program or project as of the date of the report; 16 (L) whether the program or project was 17 cancelled and, if so, a description of why and 18 when; 19 (M) for cancelled programs or projects, 20 whether there were any costs associated with 21 the decision to cancel and, if so, a description 22 of the amount of the costs (including for both 23 the Administration and the private sector); 24 (N) the metrics, milestones, and deadlines 25 set for the program or project and how the Ad- g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 55 1 ministration tracked and ensured compliance 2 with those metrics, milestones, and deadlines; 3 (O) how the Administration conducted 4 oversight of the program or project and any re- 5 lated stakeholder collaboration efforts; and 6 (P) the status of the program or project as 7 of the date of the report; 8 (9) the date upon which, or milestone by which, 9 the Administration anticipates NextGen will be com- 10 plete; and 11 (10) any lessons learned during the NextGen 12 effort, and whether, how, and to what effect those 13 lessons have been applied. 14 (b) INSPECTOR GENERAL REPORT.—Not later than 15 270 days after the date on which the report required 16 under subsection (a) is submitted, the inspector general 17 of the Department of Transportation shall review the re18 port and submit to the Committee on Transportation and 19 Infrastructure of the House of Representatives and the 20 Committee on Commerce, Science, and Transportation of 21 the Senate a statement of the inspector general that— 22 23 (1) determines the accuracy of the information reported; 24 25 (2) describes any concerns with the accuracy of the information reported; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 56 1 (3) summarizes concerns raised by the inspector 2 general, the Government Accountability Office, and 3 other sources with respect to the Administration’s 4 implementation and oversight of NextGen since the 5 date on which NextGen began; 6 (4) describes— 7 (A) any pertinent recommendations made 8 by the inspector general related to the Adminis- 9 tration’s implementation and oversight of 10 NextGen since the date on which NextGen 11 began; and 12 (B) whether and how the Administration 13 addressed the recommendations; and 14 (5) provides any other information that the in- 15 16 spector general determines is appropriate. SEC. 5ll. 17 18 AUTOMATIC DEPENDENT SURVEILLANCE- BROADCAST. Section 211(b) of the FAA Modernization and Re- 19 form Act (49 U.S.C. 40101 note) is repealed. The Admin20 istrator of the Federal Aviation Administration shall en21 sure that any regulation issued pursuant to such sub22 section has no force or effect. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 57 1 SEC. 5ll. YOUTH ACCESS TO AMERICAN JOBS IN AVIA- 2 3 TION TASK FORCE. (a) IN GENERAL.—Not later than 90 days after the 4 date of enactment of this Act, the Administrator of the 5 Federal Aviation Administration shall establish a Youth 6 Access to American Jobs in Aviation Task Force (in this 7 section referred to as the ‘‘Task Force’’). 8 (b) DUTIES.—Not later than 12 months after its es- 9 tablishment under subsection (a), the Task Force shall de10 velop and submit to the Administrator recommendations 11 and strategies for the Administration to— 12 (1) facilitate and encourage high school stu- 13 dents in the United States, beginning in their junior 14 year, to enroll in and complete career and technical 15 education courses, including STEM, that would pre- 16 pare them to enroll in a course of study related to 17 an aviation career at an institution of higher edu- 18 cation, including a community college or trade 19 school; 20 (2) facilitate and encourage the students de- 21 scribed in paragraph (1) to enroll in a course of 22 study related to an aviation career, including avia- 23 tion manufacturing, engineering and maintenance, 24 at an institution of higher education, including a 25 community college or trade school; and g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 58 1 (3) identify and develop pathways for students 2 who complete a course of study described in para- 3 graph (2) to secure registered apprenticeships, work- 4 force development programs, or careers in the avia- 5 tion industry of the United States. 6 (c) CONSIDERATIONS.—When developing rec- 7 ommendations and strategies under subsection (b), the 8 Task Force shall— 9 (1) identify industry trends that encourage or 10 discourage youth in the United States from pursuing 11 careers in aviation; 12 (2) consider how the Administration; air car- 13 riers; aircraft, powerplant, and avionics manufactur- 14 ers; aircraft repair stations; and other aviation 15 stakeholders can coordinate efforts to support youth 16 in pursuing careers in aviation; 17 (3) identify methods of enhancing aviation ap- 18 prenticeships, job skills training, mentorship, edu- 19 cation, and outreach programs that are exclusive to 20 youth in the United States; and 21 (4) identify potential sources of government and 22 private sector funding, including grants and scholar- 23 ships, that may be used to carry out the rec- 24 ommendations and strategies described in subsection g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 59 1 (b) and to support youth in pursuing careers in avia- 2 tion. 3 (d) REPORT.—Not later than 30 days after submis- 4 sion of the recommendations and strategies under sub5 section (b), the Task Force shall submit to the Committee 6 on Transportation and Infrastructure in the House of 7 Representatives and the Committee on Commerce, 8 Science, and Transportation of the Senate a report out9 lining such recommendations and strategies. 10 (e) COMPOSITION OF TASK FORCE.—The Adminis- 11 trator shall appoint members of the Task Force, including 12 representatives from the following: 13 (1) Air carriers. 14 (2) Aircraft, powerplant, and avionics manufac- 15 turers. 16 (3) Aircraft repair stations. 17 (4) Local educational agencies or high schools. 18 (5) Institutions of higher education, including 19 community colleges and aviation trade schools. 20 (6) Such other aviation and educational stake- 21 holders and experts as the Administrator considers 22 appropriate. 23 (f) PERIOD OF APPOINTMENT.—Members shall be 24 appointed to the Task Force for the duration of the exist25 ence of the Task Force. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 60 1 (g) COMPENSATION.—Task Force members shall 2 serve without compensation. 3 (h) SUNSET.—The Task Force shall terminate upon 4 the submittal of the report pursuant to subsection (d). 5 (i) DEFINITION OF STEM.—The term ‘‘STEM’’ 6 means— 7 (1) science, technology, engineering, and mathe- 8 matics; and 9 (2) other career and technical education sub- 10 jects that build on the subjects described in para- 11 graph (1). 12 SEC. 5ll. AIRPORT INVESTMENT PARTNERSHIP PRO- 13 14 GRAM. (a) IN GENERAL.—Section 47134 of title 49, United 15 States Code, is amended— 16 (1) by striking the section heading and insert- 17 ing ‘‘Airport investment partnership pro- 18 gram’’; 19 20 (2) in subsection (b), by striking ‘‘, with respect to not more than 10 airports,’’; 21 (3) in subsection (b)(2), by striking ‘‘The Sec- 22 retary may grant an exemption to a sponsor’’ and 23 inserting ‘‘If the Secretary grants an exemption to 24 a sponsor pursuant to paragraph (1), the Secretary 25 shall grant an exemption to the sponsor’’; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 61 1 (4) in subsection (b)(3), by striking ‘‘The Sec- 2 retary may grant an exemption to a purchaser or 3 lessee’’ and inserting ‘‘If the Secretary grants an ex- 4 emption to a sponsor pursuant to paragraph (1), the 5 Secretary shall grant an exemption to the cor- 6 responding purchaser or lessee’’; 7 (5) by striking subsection (d) and inserting the 8 following: 9 ‘‘(d) PROGRAM PARTICIPATION.— 10 ‘‘(1) MULTIPLE AIRPORTS.—The Secretary may 11 consider applications under this section submitted by 12 a public airport sponsor for multiple airports under 13 the control of the sponsor. 14 ‘‘(2) PARTIAL PRIVATIZATION.—A purchaser or 15 lessee may be an entity in which a sponsor has an 16 interest.’’; and 17 (6) by striking subsections (l) and (m) and in- 18 serting the following: 19 ‘‘(l) PREDEVELOPMENT LIMITATION.—A grant to an 20 airport sponsor under this subchapter for predevelopment 21 planning costs relating to the preparation of an applica22 tion or proposed application under this section may not 23 exceed $750,000 per application or proposed application.’’. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 62 1 (b) AIRPORT DEVELOPMENT.—Section 47102(3) of 2 title 49, United States Code, is amended by adding at the 3 end the following: 4 ‘‘(P) predevelopment planning, including 5 financial, legal, or procurement consulting serv- 6 ices, related to an application or proposed appli- 7 cation for an exemption under section 47134.’’. 8 (c) CLERICAL AMENDMENT.—The analysis for chap- 9 ter 471 of title 49, United States Code, is amended by 10 striking the item relating to section 47134 and inserting 11 the following: ‘‘47134. Airport investment partnership program.’’. 12 SEC. 5ll. REVIEW AND REFORM OF FAA PERFORMANCE 13 MANAGEMENT SYSTEM. 14 (a) ESTABLISHMENT OF ADVISORY PANEL.—Not 15 later than 90 days after the date of enactment of this sec16 tion, the Secretary of Transportation shall establish an ad17 visory panel comprising no more than 7 independent, non18 governmental experts in budget, finance, or personnel 19 management to review and evaluate the effectiveness of 20 the FAA’s personnel management system and perform21 ance management program for employees not covered by 22 collective bargaining agreements. 23 24 (b) REVIEW, EVALUATION, TIONS.—The g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 AND RECOMMENDA- advisory panel shall, at a minimum— (690918 35) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 63 1 (1) review all appropriate FAA orders, policies, 2 procedures, guidance, and the Human Resources 3 Policy Manual; 4 (2) review any applicable reports regarding 5 FAA’s personnel management system, including re- 6 ports of the Department of Transportation Office of 7 Inspector General, Government Accountability Of- 8 fice, and National Academy of Public Administra- 9 tion, and determine the status of recommendations 10 made in those reports; 11 (3) review the personnel management system of 12 any other agency or governmental entity with a simi- 13 lar system to the FAA for best practices with regard 14 to personnel management; 15 (4) assess the unique personnel authorities 16 granted to the FAA, determine whether the FAA 17 has taken full advantage of those authorities, and 18 identify those authorities the FAA has not fully 19 taken advantage of; 20 (5) review and determine the overall effective- 21 ness of the FAA’s compensation, bonus pay, per- 22 formance metrics, and evaluation processes for em- 23 ployees not covered by collective bargaining agree- 24 ments; g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 64 1 (6) review whether existing performance metrics 2 and bonus pay practices align with the FAA’s mis- 3 sion and significantly improve the FAA’s provision 4 of air traffic services, implementation of air traffic 5 control modernization initiatives, and accomplish- 6 ment of other FAA operational objectives; 7 (7) identify the highest, lowest, and average 8 complete compensation for each position of employ- 9 ees not covered by collective bargaining agreements; 10 (8) survey interested parties and stakeholders, 11 including representatives of the aviation industry, 12 for their views and recommendations regarding im- 13 provements to the FAA’s personnel management 14 system and performance management program; 15 (9) develop recommendations to address the 16 findings of the work done pursuant to paragraphs 17 (1) through (7), and to address views and rec- 18 ommendations raised by interested parties pursuant 19 to paragraph (8); and 20 (10) develop recommendations to improve the 21 FAA’s personnel management system and perform- 22 ance management program, including the compensa- 23 tion, bonus pay, performance metrics, and evaluation 24 processes, for employees not covered by collective 25 bargaining agreements. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 65 1 (c) REPORT.—Not later than 1 year after initiating 2 the review and evaluation pursuant to subsection (a), the 3 advisory panel shall submit a report on the results of the 4 review and evaluation and its recommendations to the Sec5 retary, the Administrator, the Committee on Transpor6 tation and Infrastructure of the House of Representatives, 7 and the Committee on Commerce, Science, and Transpor8 tation of the Senate. 9 (d) REPORT TO CONGRESS.—Not later than 3 10 months after submittal of the report pursuant to sub11 section (c), the Administrator shall transmit to the Com12 mittee on Transportation and Infrastructure of the House 13 of Representatives and the Committee on Commerce, 14 Science, and Transportation of the Senate a report sum15 marizing the findings of the advisory panel that— 16 (1) contains an explanation of how the Admin- 17 istrator will implement the recommendations of the 18 advisory panel and measure the effectiveness of the 19 recommendations; and 20 (2) specifies any recommendations that the Ad- 21 ministrator will not implement and the reasons for 22 not implementing such recommendations. 23 (e) AUTHORITY.—Notwithstanding any other provi- 24 sion of law, the Administrator has the authority to put 25 in place any recommendations of the advisory panel. g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM G:\M\15\SHUSTE\SHUSTE_037.XML 66 1 (f) SUNSET.—The advisory panel shall terminate on 2 the date that is 60 days after the transmittal of the report 3 pursuant to subsection (d). 4 (g) DEFINITION.—In this section, the term ‘‘FAA’’ 5 means the Federal Aviation Administration. ◊ g:\VHLC\042318\042318.346.xml April 23, 2018 (5:10 p.m.) VerDate Nov 24 2008 17:12 Apr 23, 2018 Jkt 000000 (690918 35) PO 00000 Frm 00066 Fmt 6652 Sfmt 6301 C:\USERS\DBIRCH\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SHUSTE~1.XM