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Code · BILL · 115th Congress · H.R. 4 (Placed on Calendar Senate) — To reauthorize programs of the Federal Aviation Administration, and for other purposes. · Sec. 536

Sec. 536. FAA data transparency

927 words·~4 min read·/bill/115/hr/4/pcs/section-536

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Section 45303 of title 49, United States Code, is amended by adding at the end the following: Not later than 6 months after the date of enactment of the FAA Reauthorization Act of 2018 , the Administrator and the Chief Operating Officer of the Air Traffic Organization shall, based upon the most recently available full fiscal year data, complete the following calculations for each segment of air traffic services users: The total costs allocable to the use of air traffic services for that segment during such fiscal year.
The total revenues received from that segment during such fiscal year. Not later than 3 months after completion of the initial report required under subparagraph (A), the Inspector General of the Department of Transportation shall review and determine the validity of the model used by the Administrator and the Chief Operating Officer to complete the calculations required under subparagraph (A). In the event that the Inspector General determines that the model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph
(A)is not valid— the Inspector General shall provide the Administrator and Chief Operating Officer recommendations on how to revise the model; the Administrator and the Chief Operating Officer shall complete the calculations required by subparagraph
(A)utilizing the revised model and resubmit the revised initial report required under subparagraph
(A)to the Inspector General; and not later than 3 months after completion of the revised initial report required under subparagraph (A), the Inspector General shall review and determine the validity of the revised model used by the Administrator and the Chief Operating Officer to complete the calculations required by subparagraph (A). The Administrator and the Chief Operating Officer shall provide the Inspector General of the Department of Transportation with unfettered access to all data produced by the cost accounting system operated and maintained pursuant to subsection (e). Not later than 60 days after completion of the review and receiving a determination that the model used is valid under subparagraph (B), the Administrator and the Chief Operating Officer shall submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the Senate a report describing the results of the calculations completed under subparagraph (A). Not later than 60 days after submission of the report required under subparagraph (C), the Administrator and Chief Operating Officer shall publish the initial report, including any revision thereto if required as a result of the validation process for the model. Not later than March 31, 2019, and biennially thereafter for 8 years, the Administrator and the Chief Operating Officer shall, using the validated model, complete the following calculations for each segment of air traffic services users for the most recent full fiscal year: The total costs allocable to the use of the air traffic services for that segment. The total revenues received from that segment. Not later than 15 days after completing the calculations under subparagraph (A), the Administrator and the Chief Operating Officer shall complete and submit to the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Finance of the Senate a report containing the results of such calculations. Not later than 60 days after completing the calculations pursuant to subparagraph (A), the Administrator and the Chief Operating Officer shall publish the results of such calculations. For purposes of this subsection, each of the following shall constitute a separate segment of air traffic services users: Passenger air carriers conducting operations under part 121 of title 14, Code of Federal Regulations. All-cargo air carriers conducting operations under part 121 of such title. Operators covered by part 125 of such title. Air carriers and operators of piston-engine aircraft operating under part 135 of such title. Air carriers and operators of turbine-engine aircraft operating under part 135 of such title. Foreign air carriers providing passenger air transportation. Foreign air carriers providing all-cargo air transportation. Operators of turbine-engine aircraft operating under part 91 of such title, excluding those operating under subpart
(K)of such part. Operators of piston-engine aircraft operating under part 91 of such title, excluding those operating under subpart
(K)of such part. Operators covered by subpart
(K)of part 91 of such title. Operators covered by part 133 of such title. Operators covered by part 136 of such title. Operators covered by part 137 of such title. Operators of public aircraft that qualify under section 40125. Operators of aircraft that neither take off from, nor land in, the United States. The Secretary may identify and include additional segments of air traffic users under paragraph
(A)as revenue and air traffic services cost data becomes available for that additional segment of air traffic services users. For purposes of this subsection: The term air traffic services means services— used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information; and provided directly, or contracted for, by the Federal Aviation Administration. The term air traffic services user means any individual or entity using air traffic services provided directly, or contracted for, by the Federal Aviation Administration within United States airspace or international airspace delegated to the United States. .
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