,,ii #aaith ,,congress #b;d ,session ,s4 #eegb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjbf,mr4 ,schmitt introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to authorize supplemental funding for the ,federal ,aviation ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,modern ,skies ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#c7 ,ground support equipment ,the term ground support equipment means service and maintenance equipment used at an airport to support aeronautical operations and related activities4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#e7 ,other terms ,the terms air carrier1 airport1 large hub airport1 medium hub airport1 nonhub airport1 primary airport1 public-use airport1 small hub airport1 and terminal development have the meanings given such terms in section #dgajb of title #di1 ,united ,states ,code4 #c4 ,pilot program for modernization1 replacement1 or full reconstruction of aging flagship terminals at transitional hub airports 7a7 ,establishment of pilot program ,the ,secretary shall establish and carry out a pilot program 7referred to in this section as the pilot program71 under which the ,secretary shall issue grants to the sponsors of not more than #c transitional hub airports for the rehabilitation and modernization of such airports4 7b7 ,transitional hub airport ,for purposes of this section1 a transitional hub airport is an airport that-- 7#a7 was classified as a medium hub airport as of the date of enactment of this ,act2 7#b7 includes a primary terminal building constructed before ,january #a1 #aiij1 that-- 7,a7 remains in active passenger service2 and 7,b7 continues to serve as the principal commercial passenger terminal of the airport2 7#c7 did not complete a comprehensive redevelopment or replacement of its principal commercial passenger terminal on or after ,january #a1 #aiij2 and 7#d7 has a terminal modernization1 rehabilitation1 or reconstruction project that-- 7,a7 is included in a capital improvement program of the sponsor of the airport2 7,b7 has completed environmental review in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 has entered the final design stage4 7c7 ,application ,a sponsor of a transitional hub airport shall submit to the ,secretary1 in such form and manner as the ,secretary may specify1 an application for a grant under the pilot program1 including a demonstration1 to the satisfaction of the ,secretary1 of-- 7#a7 the unique or historic architectural features of the terminal building that the airport sponsor proposes to preserve in conducting a prospective project under the pilot program2 7#b7 the expected economic benefit of the prospective project to the surrounding area2 7#c7 the extent to which the prospective project will-- 7,a7 enhance competition among incumbent air carriers2 7,b7 facilitate air service by new entrant air carriers2 and 7,c7 facilitate new or improved air service between the airport and small communities2 7#d7 the extent to which the prospective project will model innovative airport design principles that similarly situated airports might replicate in future projects for rehabilitation and modernization2 7#e7 the demonstrable need for the prospective project to maintain the airport's long-term viability and significance to the national integrated system of public-use airports2 7#f7 project readiness2 7#g7 the reasonable estimated costs of the prospective project2 and 7#h7 such other factors as the ,secretary1 in the sole discretion of the ,secretary1 determines to be appropriate4 7d7 ,use of funds 7#a7 ,eligible activities ,a sponsor of a transitional hub airport selected at the sole discretion of the ,secretary to participate in the pilot program may use the funds awarded under the pilot program to carry out any of the following activities at such airport3 7,a7 ,terminal development4 7,b7 ,demolition1 construction1 and improvement of terminal buildings or portions thereof4 7,c7 ,installation of utility1 energy1 baggage conveyor systems1 and other systems for use on the property of such airport that are reasonably likely to support long-term usability and resilience4 7,d7 ,improvements to terminal buildings that are reasonably likely to improve passenger circulation and terminal capacity4 7,e7 ,replacement of obsolete ground support equipment and other airside components owned by the airport sponsor4 7,f7 ,improvements to cargo and logistics facilities on the property of such airport to expand cargo handling capacity4 7#b7 ,terms and conditions ,the ,secretary may impose any additional terms or conditions regarding the use of the funds awarded under the pilot program that the ,secretary1 in the sole discretion of the ,secretary1 determines appropriate4 7e7 ,federal share ,the ,federal share of costs for the project of a transitional hub airport participating in the pilot program shall not exceed #ij percent of the total cost of the project specified in an application for a grant under this section4 7f7 ,other administrative provisions 7#a7 ,eligibility ,the ,secretary may issue a grant under the pilot program to the sponsor of a transitional hub airport for an eligible project that complies with-- 7,a7 all applicable ,federal requirements governing procurement funded by ,federal financial assistance2 or 7,b7 the same policies and procedures such airport sponsor is required to follow for any procurement with non-,federal funds4 7#b7 ,certain prior costs as allowable costs ,the ,secretary may decide that a project cost under this section incurred before the date on which the grant agreement is executed is allowable if the cost is-- 7,a7 necessarily incurred in formulating or preparing for a project under this section1 including costs incurred for field surveys1 plans and specifications1 property interests in land or airspace1 utility relocation1 work site preparation1 and administration or other incidental items that would not have been incurred except for the project2 or 7,b7 necessarily and directly incurred in developing the work scope of the project under this section4 7g7 ,appropriation ,in addition to amounts otherwise available1 there are appropriated to the ,secretary for fiscal year #bjbg1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended1 #aj1jjj1jjj1jjj to carry out the pilot program established under this section1 of which not more than #c percent shall be available for administrative expenses4 ,the ,secretary may transfer amounts made available under this subsection to the ,administrator to carry out the pilot program4 7h7 ,exclusions ,no portion of the funds made available under section #dhajc of title #di1 ,united ,states ,code1 shall be made available for implementation of this section4 7i7 ,briefing ,not later than #a year after establishing the pilot program1 the ,secretary shall brief the appropriate committees of ,congress on the status of the pilot program4 #d4 ,air traffic control improvements 7a7 ,in general ,in addition to amounts otherwise available1 there are appropriated to the ,administrator for fiscal year #bjbg1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended-- 7#a7 #cjj1jjj1jjj to consolidate terminal air traffic control facilities2 7#b7 #g1bjj1jjj1jjj to implement a common automation platform and a common controller workstation2 7#c7 #b1jjj1jjj1jjj to implement cloud computing infrastructure1 including necessary telecommunications infrastructure1 supporting the national airspace system2 and 7#d7 #fjj1jjj1jjj to implement strategic air traffic flow management technologies4 7b7 ,transfer authority ,the ,administrator may transfer amounts made available under a paragraph of subsection 7a7 to any other paragraph of that subsection4 7c7 ,quarterly reporting ,not later than #ahj days after the date of enactment of this section1 and every #ij days thereafter1 the ,administrator shall submit to the appropriate committees of ,congress a report that describes any expenditures of amounts made available under this section4 #e4 ,transfer authority to implement the brand-new air traffic control system 7a7 ,in general ,the ,administrator may transfer amounts made available under a paragraph of section #djjjc7;a7 of ,public ,law #aai-ba1 to any other paragraph of that section4 7b7 ,reporting ,the ,administrator shall describe any transfers under this section in reports submitted under section #djjjc7;b7 of ,public ,law #aai-ba4 #f4 ,terminal air traffic control and airport improvements 7a7 ,in general ,in addition to amounts otherwise available1 there are appropriated to the ,administrator for fiscal year #bjbg1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended-- 7#a7 #b1jjj1jjj1jjj to construct1 replace1 and improve terminal air traffic control facilities1 including activities using digital tower technologies2 7#b7 #c1jjj1jjj1jjj to make discretionary grants for projects as authorized by subchapter ,i of chapter #dga of title #di1 ,united ,states ,code1 and subchapter ,i of chapter #dge of such title2 and 7#c7 #e1jjj1jjj1jjj to make discretionary grants for airport terminal development projects that address the aging infrastructure of the ,nation's airports4 7b7 ,airport improvement funds ,amounts made available under subsection 7a77#b7 shall not be subject to apportionment formulas1 special apportionment categories1 or minimum percentages under chapter #dga of title #di1 ,united ,states ,code1 and shall not be subject to any limitation on obligations for the ,grants-in-,aid for ,airports program set forth in any ,act4 7c7 ,airport terminal funds 7#a7 ,in general ,a grant from amounts made available under subsection 7a77#c7 shall be treated as having been made pursuant to the ,secretary's authority under section #dgajd7;a7 of title #di1 ,united ,states ,code4 7#b7 ,eligibility ,for grants from amounts made available under subsection 7a77#c71 the ,administrator may-- 7,a7 make an award for a project at any airport that is eligible to receive a grant from the discretionary fund under section #dgaae7;a7 of title #di1 ,united ,states ,code2 and 7,b7 consider projects that qualify as terminal development1 as that term was used in the ,airport ,terminal ,program in title ,,viii of division ,j of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #adah74 7#c7 ,federal share ,the ,federal share of the cost of a project carried out from funds made available under subsection 7a77#c7 shall be-- 7,a7 with respect to large hub airports and medium hub airports1 #hj percent2 and 7,b7 with respect to small hub airports1 nonhub airports1 and airports that are not primary airports1 #ie percent4 7#d7 ,administration ,of amounts made available under subsection 7a77#c71 not more than #c percent shall be available for administrative expenses of making and overseeing grants under that subsection4