public-law-118-63•Public Law 118–63: To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil aviation programs, and for other purposes.
Public Law 118–63: To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil aviation programs, and for other purposes.
public-law-118-63Public Law 118-63Statute
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PUBLIC LAW 118–63—MAY 16, 2024
138 STAT. 1025
Public Law
118–63
118th Congress
An Act
To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil aviation programs, and for other purposes.
May 16, 2024
[H.R. 3935]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
FAA Reauthorization Act of 2024.
SECTION 1.
SHORT TITLE; TABLE OF CONTENTS.
(a)
40 USC 40101 note.
Short Title.—
This Act may be cited as the “
FAA Reauthorization Act of 2024
”.(b)
Table of Contents.—
The table of contents for this Act is as follows:
Sec. 1.
Short title; table of contents.
Sec. 2.
Definitions.
TITLE I—
AUTHORIZATIONS
Sec. 101.
Airport planning and development and noise compatibility planning and programs.
Sec. 102.
Facilities and equipment.
Sec. 103.
Operations.
Sec. 104.
Extension of miscellaneous expiring authorities.
TITLE II—
FAA OVERSIGHT AND ORGANIZATIONAL REFORM
Sec. 201.
FAA leadership.
Sec. 202.
Assistant Administrator for Rulemaking and Regulatory Improvement.
Sec. 203.
Prohibition on conflicting pecuniary interests.
Sec. 204.
Authority of Secretary and Administrator.
Sec. 205.
Regulatory materials improvement.
Sec. 206.
Future of NextGen.
Sec. 207.
Airspace Modernization Office.
Sec. 208.
Application dashboard and feedback portal.
Sec. 209.
Sense of Congress on FAA engagement during rulemaking activities.
Sec. 210.
Civil Aeromedical Institute.
Sec. 211.
Management Advisory Council.
Sec. 212.
Chief Operating Officer.
Sec. 213.
Report on unfunded capital investment needs of air traffic control system.
Sec. 214.
Chief Technology Officer.
Sec. 215.
Definition of air traffic control system.
Sec. 216.
Peer review of Office of Whistleblower Protection and Aviation Safety Investigations.
Sec. 217.
Cybersecurity lead.
Sec. 218.
Eliminating FAA reporting and unnecessary requirements.
Sec. 219.
Authority to use electronic service.
Sec. 220.
Safety and efficiency through digitization of FAA systems.
Sec. 221.
FAA telework.
Sec. 222.
Review of office space.
Sec. 223.
Restoration of authority.
Sec. 224.
FAA participation in industry standards organizations.
Sec. 225.
Sense of Congress on use of voluntary consensus standards.
Sec. 226.
Required designation.
Sec. 227.
Administrative Services Franchise Fund.
Sec. 228.
Commercial preference.
Sec. 229.
Advanced Aviation Technology and Innovation Steering Committee.
Sec. 230.
Review and updates of categorical exclusions.138 STAT. 1026
Sec. 231.
Implementation of anti-terrorist and narcotic air events programs.
TITLE III—
AVIATION SAFETY IMPROVEMENTS
Subtitle A—
General Provisions
Sec. 301.
Helicopter air ambulance operations.
Sec. 302.
Global aircraft maintenance safety improvements.
Sec. 303.
ODA best practice sharing.
Sec. 304.
Training of organization delegation authorization unit members.
Sec. 305.
Clarification on safety management system information disclosure.
Sec. 306.
Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act.
Sec. 307.
Continued oversight of FAA compliance program.
Sec. 308.
Scalability of safety management systems.
Sec. 309.
Review of safety management system rulemaking.
Sec. 310.
Independent study on future state of type certification processes.
Sec. 311.
Use of advanced tools and high-risk flight testing in certifying aerospace products.
Sec. 312.
Transport airplane and propulsion certification modernization.
Sec. 313.
Fire protection standards.
Sec. 314.
Risk model for production facility inspections.
Sec. 315.
Review of FAA use of aviation safety data.
Sec. 316.
Weather reporting systems study.
Sec. 317.
GAO study on expansion of the FAA weather camera program.
Sec. 318.
Audit on aviation safety in era of wireless connectivity.
Sec. 319.
Safety data analysis for aircraft without transponders.
Sec. 320.
Crash-resistant fuel systems in rotorcraft.
Sec. 321.
Reducing turbulence-related injuries on part 121 aircraft operations.
Sec. 322.
Study on radiation exposure.
Sec. 323.
Study on impacts of temperature in aircraft cabins.
Sec. 324.
Lithium–ion powered wheelchairs.
Sec. 325.
National simulator program policies and guidance.
Sec. 326.
Briefing on agricultural application approval timing.
Sec. 327.
Sense of Congress regarding safety and security of aviation infrastructure.
Sec. 328.
Restricted category aircraft maintenance and operations.
Sec. 329.
Aircraft interchange agreement limitations.
Sec. 330.
Task Force on human factors in aviation safety.
Sec. 331.
Update of FAA standards to allow distribution and use of certain restricted routes and terminal procedures.
Sec. 332.
ASOS/AWOS service report dashboard.
Sec. 333.
Helicopter safety.
Sec. 334.
Review and incorporation of human readiness levels into agency guidance material.
Sec. 335.
Service difficulty reports.
Sec. 336.
Consistent and timely pilot checks for air carriers.
Sec. 337.
Flight service stations.
Sec. 338.
Tarmac operations monitoring study.
Sec. 339.
Improved safety in rural areas.
Sec. 340.
Study on FAA use of mandatory Equal Access to Justice Act waivers.
Sec. 341.
Airport air safety.
Sec. 342.
Don Young Alaska Aviation Safety Initiative.
Sec. 343.
Accountability and compliance.
Sec. 344.
Changed product rule reform.
Sec. 345.
Administrative authority for civil penalties.
Sec. 346.
Study on airworthiness standards compliance.
Sec. 347.
Zero tolerance for near misses, runway incursions, and surface safety risks.
Sec. 348.
Improvements to Aviation Safety Information Analysis and Sharing Program.
Sec. 349.
Instructions for continued airworthiness aviation rulemaking committee.
Sec. 350.
Secondary cockpit barriers.
Sec. 351.
Part 135 duty and rest.
Sec. 352.
Flight data recovery from overwater operations.
Sec. 353.
Ramp worker safety call to action.
Sec. 354.
Voluntary reporting protections.
Sec. 355.
Tower marking notice of proposed rulemaking.
Sec. 356.
Promotion of civil aeronautics and safety of air commerce.
Sec. 357.
Educational and professional development.
Sec. 358.
Global aviation safety.
Sec. 359.
Availability of personnel for inspections, site visits, and training.
Sec. 360.
Wildfire suppression.138 STAT. 1027
Sec. 361.
Continuous aircraft tracking and transmission for high altitude balloons.
Sec. 362.
Cabin air safety.
Sec. 363.
Commercial air tour and sport parachuting safety.
Sec. 364.
Hawaii air noise and safety task force.
Sec. 365.
Modernization and improvements to aircraft evacuation.
Sec. 366.
25-hour cockpit voice recorder.
Sec. 367.
Sense of Congress regarding mandated contents of onboard emergency medical kits.
Sec. 368.
Passenger aircraft first aid and emergency medical kit equipment and training.
Sec. 369.
International aviation safety assessment program.
Sec. 370.
Whistleblower protection enforcement.
Sec. 371.
Civil penalties for whistleblower protection program violations.
Sec. 372.
Enhanced qualification program for restricted airline transport pilot certificate.
Subtitle B—
Aviation Cybersecurity
Sec. 391.
Findings.
Sec. 392.
Aerospace product safety.
Sec. 393.
Federal Aviation Administration regulations, policy, and guidance.
Sec. 394.
Securing aircraft avionics systems.
Sec. 395.
Civil aviation cybersecurity rulemaking committee.
Sec. 396.
GAO report on cybersecurity of commercial aviation avionics.
TITLE IV—
AEROSPACE WORKFORCE
Sec. 401.
Repeal of duplicative or obsolete workforce programs.
Sec. 402.
Civil airmen statistics.
Sec. 403.
Bessie Coleman Women in Aviation Advisory Committee.
Sec. 404.
FAA engagement and collaboration with HBCUs and MSIs.
Sec. 405.
Airman knowledge testing working group.
Sec. 406.
Airman Certification Standards.
Sec. 407.
Airman’s Medical Bill of Rights.
Sec. 408.
Improved designee misconduct reporting process.
Sec. 409.
Report on safe uniform options for certain aviation employees.
Sec. 410.
Human factors professionals.
Sec. 411.
Aeromedical innovation and modernization working group.
Sec. 412.
Frontline manager workload study.
Sec. 413.
Medical Portal Modernization Task Group.
Sec. 414.
Study of high school aviation maintenance training programs.
Sec. 415.
Improved access to air traffic control simulation training.
Sec. 416.
Air traffic controller instructor recruitment, hiring, and retention.
Sec. 417.
Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes.
Sec. 418.
Pilot program to provide veterans with pilot training services.
Sec. 419.
Providing non-Federal weather observer training to airport personnel.
Sec. 420.
Prohibition of remote dispatching.
Sec. 421.
Crewmember pumping guidance.
Sec. 422.
GAO study and report on extent and effects of commercial aviation pilot shortage on regional/commuter carriers.
Sec. 423.
Report on implementation of recommendations of Federal Aviation Administration Youth Access to American Jobs in Aviation Task Force.
Sec. 424.
Sense of Congress on improving unmanned aircraft system staffing at FAA.
Sec. 425.
Joint aviation employment training working group.
Sec. 426.
Military aviation maintenance technicians rule.
Sec. 427.
Crewmember self-defense training.
Sec. 428.
Direct-hire authority utilization.
Sec. 429.
FAA Workforce review audit.
Sec. 430.
Staffing model for aviation safety inspectors.
Sec. 431.
Safety-critical staffing.
Sec. 432.
Deterring crewmember interference.
Sec. 433.
Use of biographical assessments.
Sec. 434.
Employee assault prevention and response plan standards and best practices.
Sec. 435.
Formal policy on sexual assault and harassment on air carriers.
Sec. 436.
Interference with security screening personnel.
Sec. 437.
Air traffic control workforce staffing.
Sec. 438.
Airport service workforce analysis.
Sec. 439.
Federal Aviation Administration Academy and facility expansion plan.
Sec. 440.
Improving Federal aviation workforce development programs.
Sec. 441.
National strategic plan for aviation workforce development.138 STAT. 1028
TITLE V—
PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A—
Consumer Enhancements
Sec. 501.
Establishment of Office of Aviation Consumer Protection.
Sec. 502.
Additional within and beyond perimeter slot exemptions at Ronald Reagan Washington National Airport.
Sec. 503.
Refunds.
Sec. 504.
Know Your Rights posters.
Sec. 505.
Access to customer service assistance for all travelers.
Sec. 506.
Airline customer service dashboards.
Sec. 507.
Increase in civil penalties.
Sec. 508.
Advisory committee for aviation consumer protection.
Sec. 509.
Extension of aviation consumer advocate reporting requirement.
Sec. 510.
Codification of consumer protection provisions.
Sec. 511.
Bureau of Transportation Statistics.
Sec. 512.
Reimbursement for incurred costs.
Sec. 513.
Streamlining of offline ticket disclosures.
Sec. 514.
GAO study on competition and consolidation in the air carrier industry.
Sec. 515.
GAO study and report on the operational preparedness of air carriers for certain events.
Sec. 516.
Family seating.
Sec. 517.
Passenger experience advisory committee.
Sec. 518.
Updating passenger information requirement regulations.
Sec. 519.
Seat dimensions.
Sec. 520.
Modernization of consumer complaint submissions.
Subtitle B—
Accessibility
Sec. 541.
Air Carrier Access Act advisory committee.
Sec. 542.
Improved training standards for assisting passengers who use wheelchairs.
Sec. 543.
Training standards for stowage of wheelchairs and scooters.
Sec. 544.
Mobility aids on board improve lives and empower all.
Sec. 545.
Prioritizing accountability and accessibility for aviation consumers.
Sec. 546.
Accommodations for qualified individuals with disabilities.
Sec. 547.
Equal accessibility to passenger portals.
Sec. 548.
Aircraft access standards.
Sec. 549.
Investigation of complaints.
Sec. 550.
Removal of outdated references to passengers with disabilities.
Sec. 551.
On-board wheelchairs in aircraft cabin.
Sec. 552.
Aircraft accessibility.
Subtitle C—
Air Service Development
Sec. 561.
Essential air service reforms.
Sec. 562.
Small community air service development grants.
Sec. 563.
GAO study and report on the alternate essential air service pilot program.
Sec. 564.
Essential air service in parts of Alaska.
Sec. 565.
Essential air service community petition for review.
Sec. 566.
Essential air service authorization.
Sec. 567.
GAO study on costs of essential air service.
Sec. 568.
Response time for applications to provide essential air service.
Sec. 569.
GAO study on certain airport delays.
Sec. 570.
Report on restoration of small community air service.
TITLE VI—
MODERNIZING THE NATIONAL AIRSPACE SYSTEM
Sec. 601.
Instrument landing system installation.
Sec. 602.
Navigation aids study.
Sec. 603.
NextGen accountability review.
Sec. 604.
Airspace access.
Sec. 605.
FAA contract tower workforce audit.
Sec. 606.
Air traffic control tower safety.
Sec. 607.
Air traffic services data reports.
Sec. 608.
Consideration of small hub control towers.
Sec. 609.
Flight profile optimization.
Sec. 610.
Extension of enhanced air traffic services pilot program.
Sec. 611.
Federal contact tower wage determinations and positions.
Sec. 612.
Briefing on radio communications coverage around mountainous terrain.
Sec. 613.
Aeronautical mobile communications services.
Sec. 614.
Delivery of clearance to pilots via internet protocol.
Sec. 615.
Study on congested airspace.
Sec. 616.
Briefing on LIT VORTAC project.138 STAT. 1029
Sec. 617.
Surface surveillance.
Sec. 618.
Consideration of third-party services.
Sec. 619.
NextGen programs.
Sec. 620.
Contract Tower Program.
Sec. 621.
Remote towers.
Sec. 622.
Audit of legacy systems.
Sec. 623.
Air Traffic Control Facility Realignment study.
Sec. 624.
Air traffic control tower replacement process report.
Sec. 625.
Contract tower program safety enhancements.
Sec. 626.
Sense of Congress on use of advanced surveillance in oceanic airspace.
Sec. 627.
Low-altitude routes for vertical flight.
Sec. 628.
Required consultation with National Parks Overflights Advisory Group.
Sec. 629.
Upgrading and
replacing
aging air traffic systems.Sec. 630.
Airspace integration for space launch and reentry.
Sec. 631.
Update to FAA order on airway planning standard.
TITLE VII—
MODERNIZING AIRPORT INFRASTRUCTURE
Subtitle A—
Airport Improvement Program Modifications
Sec. 701.
Development of airport plans.
Sec. 702.
AIP definitions.
Sec. 703.
Revenue diversion penalty enhancement.
Sec. 704.
Extension of competitive access report requirement.
Sec. 705.
Renewal of certain leases.
Sec. 706.
Community use of airport land.
Sec. 707.
Price adjustment provisions.
Sec. 708.
Updating United States Government’s share of project costs.
Sec. 709.
Allowable project costs and letters of intent.
Sec. 710.
Small airport letters of intent.
Sec. 711.
Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities.
Sec. 712.
Apportionments.
Sec. 713.
PFC turnback reduction.
Sec. 714.
Airport safety and resilient infrastructure discretionary program.
Sec. 715.
Special carryover assumption rule.
Sec. 716.
Small airport fund.
Sec. 717.
Revision of discretionary categories.
Sec. 718.
Discretionary fund for terminal development costs.
Sec. 719.
Protecting general aviation airports from closure.
Sec. 720.
State block grant program.
Sec. 721.
Innovative financing techniques.
Sec. 722.
Long-term management plans.
Sec. 723.
Alternative project delivery.
Sec. 724.
Nonmovement area surveillance surface display systems pilot program.
Sec. 725.
Airport accessibility.
Sec. 726.
General aviation airport runway extension pilot program.
Sec. 727.
Repeal of obsolete criminal provisions.
Sec. 728.
Transfers of air traffic systems acquired with AIP funding.
Sec. 729.
National priority system formulas.
Sec. 730.
Minority and disadvantaged business participation.
Sec. 731.
Extension of provision relating to airport access roads in remote locations.
Sec. 732.
Populous counties without airports.
Sec. 733.
AIP handbook update.
Sec. 734.
GAO audit of airport financial reporting program.
Sec. 735.
GAO study of onsite airport generation.
Sec. 736.
Transportation demand management at airports.
Sec. 737.
Coastal airports assessment.
Sec. 738.
Airport investment partnership program.
Sec. 739.
Special rule for reclassification of certain unclassified airports.
Sec. 740.
Permanent solar powered taxiway edge lighting systems.
Sec. 741.
Secondary runways.
Sec. 742.
Increasing energy efficiency of airports and meeting current and future energy power demands.
Sec. 743.
Review of airport layout plans.
Sec. 744.
Protection of safe and efficient use of airspace at airports.
Sec. 745.
Electric aircraft infrastructure pilot program.
Sec. 746.
Curb management practices.
Sec. 747.
Notice of funding opportunity.
Sec. 748.
Runway safety projects.
Sec. 749.
Airport diagram terminology.
Sec. 750.
GAO study on fee transparency by fixed based operators.138 STAT. 1030
Sec. 751.
Minority and disadvantaged business participation.
Sec. 752.
Prohibition on certain runway length requirements.
Sec. 753.
Report on Indo-Pacific airports.
Sec. 754.
GAO study on implementation of grants at certain airports.
Sec. 755.
GAO study on transit access.
Sec. 756.
Banning municipal airport.
Sec. 757.
Disputed changes of sponsorship at federally obligated, publicly owned airport.
Sec. 758.
Procurement regulations applicable to FAA multimodal projects.
Sec. 759.
Buckeye 940 release of deed restrictions.
Sec. 760.
Washington, DC Metropolitan Area Special Flight Rules Area.
Sec. 761.
Study on air cargo operations in Puerto Rico.
Sec. 762.
Progress reports on the national transition plan related to a fluorine-free firefighting foam.
Sec. 763.
Report on airport notifications.
Sec. 764.
Study on competition and airport access.
Sec. 765.
Regional airport capacity study.
Sec. 766.
Study on autonomous and electric-powered track systems.
Sec. 767.
PFAS-related resources for airports.
Sec. 768.
Limitation on certain rolling stock procurements.
Sec. 769.
Maintaining safe fire and rescue staffing levels.
Sec. 770.
Grant assurances.
Sec. 771.
Aviation fuel in Alaska.
Sec. 772.
Application of amendments.
Sec. 773.
Prohibition on use of amounts to process or administer any application for the joint use of Homestead Air Reserve Base with civil aviation.
Sec. 774.
Universal changing station.
Sec. 774A.
Airport human trafficking prevention grants.
Sec. 774B.
Study on improvements for certain nonhub airports.
Subtitle B—
Passenger Facility Charges
Sec. 775.
Additional permitted uses of passenger facility charge revenue.
Sec. 776.
Passenger facility charge streamlining.
Subtitle C—
Noise And Environmental Programs And Streamlining
Sec. 781.
Streamlining consultation process.
Sec. 782.
Repeal of burdensome emissions credit requirements.
Sec. 783.
Expedited environmental review and one Federal decision.
Sec. 784.
Subchapter III definitions.
Sec. 785.
Pilot program extension.
Sec. 786.
Part 150 noise standards update.
Sec. 787.
Reducing community aircraft noise exposure.
Sec. 788.
Categorical exclusions.
Sec. 789.
Updating presumed to conform limits.
Sec. 790.
Recommendations on reducing rotorcraft noise in District of Columbia.
Sec. 791.
UFP study.
Sec. 792.
Aircraft Noise Advisory Committee.
Sec. 793.
Community collaboration program.
Sec. 794.
Information sharing requirement.
Sec. 795.
Mechanisms to reduce helicopter noise.
TITLE VIII—
GENERAL AVIATION
Sec. 801.
Reexamination of pilots or certificate holders.
Sec. 802.
GAO review of Pilot’s Bill of Rights.
Sec. 803.
Data privacy.
Sec. 804.
Accountability for aircraft registration numbers.
Sec. 805.
Timely resolution of investigations.
Sec. 806.
All makes and models authorization.
Sec. 807.
Response to letter of investigation.
Sec. 808.
ADS–B out equipage study; Vehicle-to-Vehicle link program.
Sec. 809.
Ensuring safe landings during off-airport operations.
Sec. 810.
Development of low-cost voluntary ADS–B.
Sec. 811.
Airshow safety team.
Sec. 812.
Aircraft registration validity during renewal.
Sec. 813.
Temporary airman certificates.
Sec. 814.
Letter of deviation authority.
Sec. 815.
BasicMed for examiners administering tests or proficiency checks.
Sec. 816.
Designee locator tool improvements.
Sec. 817.
Deadline to eliminate aircraft registration backlog.
Sec. 818.
Part 135 air carrier certificate backlog.
Sec. 819.
Enhancing processes for authorizing aircraft for service in commuter and on-demand operations.138 STAT. 1031
Sec. 820.
Flight instructor certificates.
Sec. 821.
Consistency of policy application in flight standards and aircraft certification.
Sec. 822.
Application of policies, orders, and guidance.
Sec. 823.
Expansion of the regulatory consistency communications board.
Sec. 824.
Modernization of special airworthiness certification rulemaking deadline.
Sec. 825.
Exclusion of gyroplanes from fuel system requirements.
Sec. 826.
Public aircraft flight time logging eligibility.
Sec. 827.
EAGLE initiative.
Sec. 828.
Expansion of BasicMed.
Sec. 829.
Prohibition on using ADS–B out data to initiate an investigation.
Sec. 830.
Charitable flight fuel reimbursement exemptions.
Sec. 831.
GAO report on charitable flights.
Sec. 832.
Flight instruction or testing.
Sec. 833.
National coordination and oversight of designated pilot examiners.
Sec. 834.
Part 135 pilot supplemental oxygen requirement.
TITLE IX—
NEW ENTRANTS AND AEROSPACE INNOVATION
Subtitle A—
Unmanned Aircraft Systems
Sec. 901.
Definitions.
Sec. 902.
Unmanned aircraft in the Arctic.
Sec. 903.
Small UAS safety standards technical corrections.
Sec. 904.
Airport safety and airspace hazard mitigation and enforcement.
Sec. 905.
Radar data pilot program.
Sec. 906.
Electronic conspicuity study.
Sec. 907.
Remote identification alternative means of compliance.
Sec. 908.
Part 107 waiver improvements.
Sec. 909.
Environmental review and noise certification.
Sec. 910.
Unmanned aircraft system use in wildfire response.
Sec. 911.
Pilot program for UAS inspections of FAA infrastructure.
Sec. 912.
Drone infrastructure inspection grant program.
Sec. 913.
Drone education and workforce training grant program.
Sec. 914.
Drone workforce training program study.
Sec. 915.
Termination of Advanced Aviation Advisory Committee.
Sec. 916.
Unmanned and Autonomous Flight Advisory Committee.
Sec. 917.
NextGen Advisory Committee membership expansion.
Sec. 918.
Interagency coordination.
Sec. 919.
Review of regulations to enable unescorted UAS operations.
Sec. 920.
Extension of BEYOND program.
Sec. 921.
UAS integration strategy.
Sec. 922.
Extension of Know Before You Fly campaign.
Sec. 923.
Public aircraft definition.
Sec. 924.
FAA comprehensive plan on UAS automation.
Sec. 925.
UAS test ranges.
Sec. 926.
Public safety use of tethered UAS.
Sec. 927.
Extending special authority for certain unmanned aircraft systems.
Sec. 928.
Recreational operations of drone systems.
Sec. 929.
Applications for designation.
Sec. 930.
Beyond visual line of sight operations for unmanned aircraft systems.
Sec. 931.
Acceptable levels of risk and risk assessment methodology.
Sec. 932.
Third-party service approvals.
Sec. 933.
Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems.
Sec. 934.
Operations over high seas.
Sec. 935.
Protection of public gatherings.
Sec. 936.
Covered drone prohibition.
Sec. 937.
Expanding use of innovative technologies in the Gulf of Mexico.
Subtitle B—
Advanced Air Mobility
Sec. 951.
Definitions.
Sec. 952.
Sense of Congress on FAA leadership in advanced air mobility.
Sec. 953.
Application of National Environmental Policy Act categorical exclusions for vertiport projects.
Sec. 954.
Advanced Air Mobility Working Group amendments.
Sec. 955.
Rules for operation of powered-lift aircraft.
Sec. 956.
Advanced propulsion systems regulations.
Sec. 957.
Powered-lift aircraft entry into service.
Sec. 958.
Infrastructure supporting vertical flight.
Sec. 959.
Charting of aviation infrastructure.
Sec. 960.
Advanced air mobility infrastructure pilot program extension.138 STAT. 1032
Sec. 961.
Center for Advanced Aviation Technologies.
TITLE X—
RESEARCH AND DEVELOPMENT
Subtitle A—
General Provisions
Sec. 1001.
Definitions.
Sec. 1002.
Research, engineering, and development authorization of appropriations.
Sec. 1003.
Report on implementation; funding for safety research and development.
Sec. 1004.
National aviation research plan modification.
Sec. 1005.
Advanced Materials Center of Excellence enhancements.
Sec. 1006.
Center of Excellence for Unmanned Aircraft Systems.
Sec. 1007.
ASSUREd Safe credentialing authority.
Sec. 1008.
CLEEN engine and airframe technology partnership.
Sec. 1009.
High-speed flight testing.
Sec. 1010.
High-speed aircraft pathway to integration study.
Sec. 1011.
Operating high-speed flights in high altitude Class E airspace.
Sec. 1012.
Electric propulsion aircraft operations study.
Sec. 1013.
Contract weather observers program.
Sec. 1014.
Airfield pavement technology program.
Sec. 1015.
Review of FAA management of research and development.
Sec. 1016.
Research and development of FAA’s aeronautical information systems modernization activities.
Sec. 1017.
Center of Excellence for Alternative Jet Fuels and Environment.
Sec. 1018.
Next generation radio altimeters.
Sec. 1019.
Hydrogen aviation strategy.
Sec. 1020.
Aviation fuel systems.
Sec. 1021.
Air traffic surveillance over United States controlled oceanic airspace and other remote locations.
Sec. 1022.
Aviation weather technology review.
Sec. 1023.
Air traffic surface operations safety.
Sec. 1024.
Technology review of artificial intelligence and machine learning technologies.
Sec. 1025.
Research plan for commercial supersonic research.
Sec. 1026.
Electromagnetic spectrum research and development.
Sec. 1027.
Research plan on the remote tower program.
Sec. 1028.
Air traffic control training.
Sec. 1029.
Report on aviation cybersecurity directives.
Sec. 1030.
Turbulence research and development.
Sec. 1031.
Rule of construction regarding collaborations.
Sec. 1032.
Limitation.
Subtitle B—
Unmanned Aircraft Systems and Advanced Air Mobility
Sec. 1041.
Definitions.
Sec. 1042.
Interagency working group.
Sec. 1043.
Strategic research plan.
Sec. 1044.
Federal Aviation Administration unmanned aircraft system and advanced air mobility research and development.
Sec. 1045.
Partnerships for research, development, demonstration, and testing.
TITLE XI—
MISCELLANEOUS
Sec. 1101.
Technical corrections.
Sec. 1102.
Transportation of organs.
Sec. 1103.
Acceptance of digital driver’s license and identification cards.
Sec. 1104.
Quasquicentennial of aviation.
Sec. 1105.
Limitations for certain cargo aircraft.
Sec. 1106.
Prohibition on mandates.
Sec. 1107.
COVID–19 vaccination status.
Sec. 1108.
Rulemaking related to operating high-speed flights in high altitude Class E airspace.
Sec. 1109.
FAA leadership in hydrogen aviation.
Sec. 1110.
Advancing global leadership on civil supersonic aircraft.
Sec. 1111.
Learning period.
Sec. 1112.
Counter-UAS authorities.
Sec. 1113.
Study on air cargo operations.
Sec. 1114.
Wing-in-ground-effect craft.
Sec. 1115.
Certificates of authorization or waiver.
Sec. 1116.
Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service.
TITLE XII—
NATIONAL TRANSPORTATION SAFETY BOARD
Sec. 1201.
Short title.138 STAT. 1033
Sec. 1202.
Authorization of appropriations.
Sec. 1203.
Clarification of treatment of territories.
Sec. 1204.
Additional workforce training.
Sec. 1205.
Overtime annual report termination.
Sec. 1206.
Strategic workforce plan.
Sec. 1207.
Travel budgets.
Sec. 1208.
Notification requirement.
Sec. 1209.
Board justification of closed unacceptable recommendations.
Sec. 1210.
Miscellaneous investigative authorities.
Sec. 1211.
Public availability of accident reports.
Sec. 1212.
Ensuring accountability for timeliness of reports.
Sec. 1213.
Ensuring access to data.
Sec. 1214.
Public availability of safety recommendations.
Sec. 1215.
Improving delivery of family assistance.
Sec. 1216.
Updating civil penalty authority.
Sec. 1217.
Electronic availability of public docket records.
Sec. 1218.
Drug-free workplace.
Sec. 1219.
Accessibility in workplace.
Sec. 1220.
Most Wanted List.
Sec. 1221.
Technical corrections.
Sec. 1222.
Air safety investigators.
Sec. 1223.
Review of National Transportation Safety Board procurements.
TITLE XIII—
REVENUE PROVISIONS
Sec. 1301.
Expenditure authority from airport and airway trust fund.
Sec. 1302.
Extension of taxes funding airport and airway trust fund.
SEC. 2.
49 USC 40101 note.
DEFINITIONS.
In this Act:
(1)
Administrator.—
Unless otherwise specified, the term “
Administrator
” means the Administrator of the Federal Aviation Administration.(2)
Appropriate committees of congress.—
The term “
appropriate committees of Congress
” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.(3)
Comptroller general.—
The term “
Comptroller General
” means the Comptroller General of the United States.(4)
FAA.—
The term “
FAA
” means the Federal Aviation Administration.(5)
Nextgen.—
The term “
NextGen
” means the Next Generation Air Transportation System.(6)
Secretary.—
Unless otherwise specified, the term “
Secretary
” means the Secretary of Transportation.TITLE I—
Time periods.
AUTHORIZATIONS
SEC. 101.
AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY PLANNING AND PROGRAMS.
(a)
Authorization.—
Section 48103(a) of title 49, United States Code,
is amended
—(1)
in paragraph (6) by
striking
“and” at the end;(2)
by .
striking
paragraph (7) and inserting
the following:“(7)
$3,350,000,000 for fiscal year 2024;
“(8)
$4,000,000,000 for fiscal year 2025;
“(9)
$4,000,000,000 for fiscal year 2026;
“(10)
$4,000,000,000 for fiscal year 2027; and
“(11)
$4,000,000,000 for fiscal year 2028.”
(b)
Obligation Authority.—
Section 47104(c) of title 49, United States Code,
is amended
in the matter preceding paragraph (1) by striking
“May 10, 2024” and inserting
“September 30, 2028”.138 STAT. 1034SEC. 102.
FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, .
is amended
by striking
paragraphs (1) through (7) and inserting
the following:“(1)
$3,191,250,000 for fiscal year 2024.
“(2)
$3,575,000,000 for fiscal year 2025.
“(3)
$3,625,000,000 for fiscal year 2026.
“(4)
$3,675,000,000 for fiscal year 2027.
“(5)
$3,725,000,000 for fiscal year 2028.”
SEC. 103.
OPERATIONS.
(a)
In General.—
Section 106(k)(1) of title 49, United States Code, .
is amended
by striking
subparagraphs (A) through (G) and inserting
the following:“(A)
$12,729,627,000 for fiscal year 2024;
“(B)
$13,055,000,000 for fiscal year 2025;
“(C)
$13,354,000,000 for fiscal year 2026;
“(D)
$13,650,000,000 for fiscal year 2027; and
“(E)
$13,954,000,000 for fiscal year 2028.”
(b)
Authorized Expenditures.—
Section 106(k)(2)(D) of title 49, United States Code,
is amended
—(1)
by
striking
clauses (i) through (v);(2)
by
redesignating
clause (vi) as clause (i); and(3)
by .
adding
at the end the following:“(ii)
$42,018,000 for fiscal year 2024.
“(iii)
$52,985,000 for fiscal year 2025.
“(iv)
$59,044,000 for fiscal year 2026.
“(v)
$65,225,000 for fiscal year 2027.
“(vi)
$71,529,000 for fiscal year 2028.”
(c)
Authority to Transfer Funds.—
Section 106(k)(3) of title 49, United States Code,
is amended
—(1)
by ;
striking
“Notwithstanding” and inserting
the following:“(A)
In general.—
Notwithstanding”
(2)
by
striking
“in each of fiscal years 2018 through 2023 and for the period beginning on October 1, 2023, and ending on May 10, 2024” and inserting
“in each of fiscal years 2024 through 2028”; and(3)
by .
adding
at the end the following:“(B)
Prioritization.—
In reducing non-safety-related activities of the Administration under subparagraph (A), the Secretary shall prioritize such reductions from amounts other than amounts authorized under this subsection, section 48101, or section 48103.
“(C)
Sunset.—
This paragraph shall cease to be effective on October 1, 2028.”
SEC. 104.
EXTENSION OF MISCELLANEOUS EXPIRING AUTHORITIES.
(a)
Authority to Provide Insurance.—
Section 44310(b) of title 49, United States Code,
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2028”.(b)
Marshall Islands, Micronesia, and Palau.—
Section 47115(i) of title 49, United States Code,
is amended
by striking
“fiscal years 2018 through 2023, and for the period beginning on October 1, 2023, and ending on May 10, 2024,” and inserting
“fiscal years 2024 through 2028,”.138 STAT. 1035(c)
Weather Reporting Programs.—
Section 48105 of title 49, United States Code, .
is amended
by striking
paragraph (5) and adding
at the end the following:“(5)
$60,000,000 for each of fiscal years 2024 through 2028.”
(d)
Midway Island Airport.—
Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176)
117 Stat. 2518.
is amended
by striking
“fiscal years 2018 through 2023 and for the period beginning on October 1, 2023, and ending on May 10, 2024,” and inserting
“for fiscal years 2024 through 2028,”.(e)
Extension of the Safety Oversight and Certification Advisory Committee.—
Section 202(h) of the FAA Reauthorization Act of 2018 (Public Law 115–254)
49 USC 44701 note.
is amended
by striking
“shall terminate” and all that follows through the period at the end and inserting
“shall terminate on October 1, 2028.”.TITLE II—
FAA OVERSIGHT AND ORGANIZATIONAL REFORM
SEC. 201.
FAA LEADERSHIP.
Section 106 of title 49, United States Code,
is amended
—(1)
in subsection (a) by
striking
“The Federal” and inserting
“In General.—The Federal”; and(2)
by .
striking
subsection (b) and inserting
the following:“(b)
President.
Appointments.
Administration Leadership.—
“(1)
Administrator.—
“(A)
In general.—
The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
“(B)
Qualifications.—
The Administrator shall—
“(i)
be a citizen of the United States;
“(ii)
not be an active duty member of the Armed Forces;
“(iii)
Time period.
not have retired from the Armed Forces within the 7 years preceding nomination; and“(iv)
have experience in organizational management and a field directly related to aviation.
“(C)
Fitness.—
In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
“(D)
Term of office.—
The term of office for any individual appointed as Administrator shall be 5 years.
“(E)
Reporting chain.—
Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
“(2)
Deputy administrator.—
“(A)
In general.—
The Administrator has a Deputy Administrator, who shall be appointed by the President.
“(B)
Qualifications.—
The Deputy Administrator shall—
“(i)
be a citizen of the United States; and
“(ii)
have experience in organizational management and a field directly related to aviation.
“(C)
Fitness.—
In appointing an individual as Deputy Administrator, the President shall consider the fitness of 138 STAT. 1036
the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to serve, or when the office of Administrator is vacant.
“(D)
Reporting chain.—
The Deputy Administrator reports directly to the Administrator.
“(E)
Duties.—
The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
“(F)
Compensation.—
“(i)
Annual rate of basic pay.—
The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator.
“(ii)
Exception.—
A retired regular officer of the Armed Forces serving as the Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator and may elect to receive—
“(I)
the pay provided for the Deputy Administrator under clause (i); or
“(II)
the pay and allowances or the retired pay of the military grade held.
“(iii)
Reimbursement of expenses.—
If the Deputy Administrator elects to receive compensation described in clause (ii)(II), the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.
“(3)
Leadership of the administration defined.—
In this section, the term ‘
leadership of the Administration
’ means—“(A)
the Administrator under paragraph (1); and
“(B)
the Deputy Administrator under paragraph (2).”
SEC. 202.
ASSISTANT ADMINISTRATOR FOR RULEMAKING AND REGULATORY IMPROVEMENT.
(a)
Assistant Administrator for Rulemaking and Regulatory Improvement.—
Section 106 of title 49, United States Code, is further amended by .
striking
subsections (c) and (d) and inserting
the following:“(c)
Assistant Administrator for Rulemaking and Regulatory Improvement.—
There is an Assistant Administrator for Rulemaking and Regulatory Improvement who shall be appointed by the Administrator and shall—
“(1)
be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by—
“(A)
prioritizing rulemaking projects that are necessary to improve safety;
“(B)
establishing the regulatory agenda of the Administration; and
“(C)
coordinating with offices of the Administration, the Department, and other Federal entities as appropriate to improve timely feedback generation and approvals when required by law;
“(2)
not delegate overall responsibility for meeting internal timelines and final completion of the regulatory activities of the Administration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement;138 STAT. 1037
“(3)
on an ongoing basis, review the regulations of the Administration in effect to—
“(A)
improve safety;
“(B)
reduce undue regulatory burden;
“(C)
replace prescriptive regulations with performance-based regulations, as appropriate;
“(D)
prevent duplicative regulations; and
“(E)
increase regulatory clarity and transparency whenever possible;
“(4)
make recommendations for the review of the Administrator under subsection (f)(3)(C)(ii);
“(5)
Deadline.
receive, coordinate, and respond to petitions for rulemaking and for exemption as provided for in subpart A of part 11 of title 14, Code of Federal Regulations, and provide an initial response to a petitioner not later than 30 days after the receipt of such a petition—“(A)
acknowledging receipt of such petition;
“(B)
confirming completeness of such petition;
“(C)
providing an initial indication of the complexity of the request and how such complexity may impact the timeline for adjudication; and
“(D)
requesting any additional information, as appropriate, that would assist in the consideration of the petition;
“(6)
track the issuance of exemptions and waivers by the Administration to sections of title 14, Code of Federal Regulations, and establish a methodology by which to determine if it would be more efficient and in the interest of the public to amend a rule to reduce the future need of waivers and exemptions; and
“(7)
promulgate regulatory updates as determined more efficient or in the best interest of the public under paragraph (6).
“(d)
[Reserved].”
(b)
Systemically Addressing Need for Exemptions and Waivers.—
Not
Deadline.
Briefing.
later than 30 months after the date of enactment of this Act, the Assistant Administrator for Rulemaking and Regulatory Improvement of the FAA shall brief the appropriate committees of Congress and the Committee on Science, Space, and Technology of the House of Representatives on the methodology developed pursuant to section 106(c)(6) of title 49, United States Code (as added by this section).SEC. 203.
PROHIBITION ON CONFLICTING PECUNIARY INTERESTS.
Section 106(e) of title 49, United States Code, .
is amended
to read as follows:“(e)
Prohibition on Conflicting Pecuniary Interests.—
“(1)
In general.—
The leadership of the Administration may not have a pecuniary interest in, or hold a financial interest in, an aeronautical enterprise or engage in another business, vocation, or employment.
“(2)
Teaching.—
Notwithstanding paragraph (1), the Deputy Administrator may not receive compensation for teaching without prior approval of the Administrator.
“(3)
Financial interest defined.—
In this subsection, the term ‘
financial interest
’—“(A)
means—138 STAT. 1038
“(i)
any current or contingent ownership, equity, or security interest;
“(ii)
any indebtedness or compensated employment relationship; or
“(iii)
any right to purchase or acquire any such ownership, equity, or security interest, including a stock option; and
“(B)
does not include securities held in an index fund.”
SEC. 204.
AUTHORITY OF SECRETARY AND ADMINISTRATOR.
(a)
In General.—
Section 106(f) of title 49, United States Code,
is amended
—(1)
in paragraph (1)—
(A)
by
striking
“paragraph (2)” and inserting
“paragraphs (2) and (3)”;(B)
by
striking
“Neither” and inserting
“In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither”; and(C)
by
striking
“a committee, board, or organization established by executive order.” and inserting
the following: “a committee, board, council, or organization that is—
;“(A)
established by executive order; or
“(B)
not explicitly directed by legislation to review the exercise of such duties, powers, and authorities by the Secretary or the Administrator.”
(2)
in paragraph (2)—
(A)
in subparagraph (A)(ii) by
striking
“the acquisition” and all that follows through the semicolon and inserting
“the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;”;(B)
in subparagraph (A)(iii) by
striking
“paragraph (3)” and inserting
“paragraph (4)”; and(C)
in subparagraph (B) by
inserting
“civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or” after “with respect to”;(3)
in paragraph (3)—
(A)
in subparagraph (A)—
(i)
by ;
striking
“In the performance” and inserting
the following:“(i)
Issuance of regulations.—
In the performance”
(ii)
by ;
striking
“The Administrator shall act” and inserting
the following:“(ii)
Petitions for rulemaking.—
The Administrator shall act”
(iii)
by ; and
striking
“The Administrator shall issue” and inserting
the following:“(iii)
Rulemaking timeline.—
The Administrator shall issue”
(iv)
by ; and
striking
“On February 1” and inserting
the following:138 STAT. 1039
“(iv)
Reporting requirement.—
On February 1”
(B)
by ;
striking
subparagraphs (B) and (C) and inserting
the following:“(B)
Approval of secretary of transportation.—
“(i)
Regulations.
In general.—
The Administrator may not issue, unless the Secretary of Transportation approves the issuance of the regulation in advance, a proposed regulation or final regulation that—
“(I)
is likely to result in the expenditure by State, local, and Tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024) in any year; or
“(II)
is significant.
“(ii)
Determination.
Significant regulations.—
For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation—
“(I)
will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024);
“(II)
raises novel or serious legal or policy issues that will substantially and materially affect other transportation modes; or
“(III)
adversely affects, in a substantial and material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or a State, local, or Tribal government or community.
“(iii)
Emergency regulation.—
“(I)
Determination.
In general.—
In an emergency as determined by the Administrator, the Administrator may issue a final regulation described in clause (i) without prior approval of the Secretary.
“(II)
Deadline.
Objection.—
If the Secretary objects to a regulation issued under subclause (II) in writing not later than 5 days (excluding Saturday, Sundays, and legal public holidays) after the issuance, the Administrator shall immediately rescind such regulation.
“(iv)
Other regulations.—
The Secretary may not require that the Administrator submit a proposed or final regulation to the Secretary for approval, nor may the Administrator submit a proposed or final regulation to the Secretary for approval, if the regulation—
“(I)
does not require the approval of the Secretary under clause (i) (excluding a regulation issued under clause (iii)); or
“(II)
is a routine or frequent action or a procedural action.
“(v)
Records.
Deadline.
Timeline.—
The Administrator shall submit a copy of any proposed or final regulation requiring 138 STAT. 1040
approval by the Secretary under clause (i) to the Secretary, who shall either approve the regulation or return the regulation to the Administrator with comments not later than 30 days after receiving the regulation. If the Secretary fails to approve or return the regulation with comments to the Administrator not later than 30 days after receiving such regulation, the regulation shall be deemed to have been approved by the Secretary.
“(C)
Periodic review.—
“(i)
In general.—
For any significant regulation issued after the date of enactment of the FAA Reauthorization Act of 2024, in addition to the review requirements established under section 5.13(d) of title 49, Code of Federal Regulations, the Administrator shall review any significant regulation 3 years after the effective date of such regulation.
“(ii)
Discretionary review.—
The Administrator may review any regulation that has been in effect for more than 3 years.
“(iii)
Determination.
Substance of review.—
In performing a review under clause (i) or (ii), the Administrator shall determine if—
“(I)
the cost assumptions supporting the regulation were accurate;
“(II)
the intended benefit of the regulation is being realized;
“(III)
the need remains to continue such regulation as in effect; and
“(IV)
the Administrator recommends updates to such regulation based on the review criteria specified in section 5.13(d) of title 49, Code of Federal Regulations.
“(iv)
Review management.—
Any periodic review of a regulation under this subparagraph shall be managed by the Assistant Administrator for Rulemaking and Regulatory Improvement, who may task an advisory committee or the Management Advisory Council established under subsection (p) to assist in performing the review.”
(4)
by
redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and(5)
by .
inserting
after paragraph (2) the following:“(3)
Duties and powers of the administrator.—
“(A)
In general.—
The Administrator shall carry out—
“(i)
the duties and powers of the Secretary under this subsection related to aviation safety (except duties and powers related to transportation, packaging, marking, or description of hazardous material) and stated in—
“(I)
subsections (c) and (d) of section 1132;
“(II)
sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117;
“(III)
chapter 443;
“(IV)
chapter 445, except sections 44502(a)(3), 44503, and 44509;138 STAT. 1041
“(V)
chapter 447, except sections 44721(b) and 44723;
“(VI)
chapter 448;
“(VII)
chapter 451;
“(VIII)
chapter 453;
“(IX)
section 46104;
“(X)
subsections (d) and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320;
“(XI)
chapter 465;
“(XII)
chapter 471;
“(XIII)
chapter 475; and
“(XIV)
chapter 509 of title 51; and
“(ii)
such additional duties and powers as may be prescribed by the Secretary.
“(B)
Applicability.—
Section 40101(d) applies to the duties and powers specified in subparagraph (A).
“(C)
Transfer.—
Any of the duties and powers specified in subparagraph (A) may only be transferred to another part of the Department if specifically provided by law or in a reorganization plan submitted under chapter 9 of title 5.
“(D)
Administrative finality.—
A decision of the Administrator in carrying out the duties or powers specified in subparagraph (A) is administratively final.”
(b)
Conforming Amendment.—
Section 106 of title 49, United States Code, .
is amended
by striking
subsection (g) and inserting
the following:“(g)
[reserved].”
(c)
49 USC 106 note.
Preservation of Existing Authority.—
Nothing in this section or the amendments made by this section shall be construed to restrict any authority vested in the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act.
SEC. 205.
REGULATORY MATERIALS IMPROVEMENT.
(a)
Internal Regulatory Process Review.—
(1)
In general.—
(A)
Establishment.
Review team.—
The Administrator shall establish a regulatory process review team (in this section referred to as the “review team”) comprising of FAA employees and individuals described in paragraph (2) to develop recommendations to improve the timeliness, performance, and accountability of the development and promulgation of regulatory materials.
(B)
Recommenda-
tions.
Report.—
The review team shall submit to the Administrator a report with recommendations in accordance with the deadlines specified in paragraph (5).
(2)
Other members; consultation.—
(A)
In general.—
The review team shall include at least 3 outside experts and or academics with relevant experience or expertise in aviation safety and at least 1 outside expert with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as such process relates to aviation safety.138 STAT. 1042
(B)
Consultation.—
The review team may, as appropriate, consult with industry stakeholders.
(3)
Contents of review.—
In conducting the review required under paragraph (1), the review team shall do the following:
(A)
Proposal.
Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rulemaking committees and stakeholders have collaborated on the proposed regulations.
(B)
Assessments.
With respect to each office within the FAA that reviews regulatory materials, assess—
(i)
the timeline assigned to each such office to complete the review of regulatory materials;
(ii)
the actual time spent for such review;
(iii)
opportunities to reduce the actual time for such review; and
(iv)
whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials.
(C)
Define and document the roles and responsibilities of each office within the FAA that develops, drafts, or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how the employees of each such office function in the rulemaking framework.
(D)
Describe any organizational changes or the need to hire additional FAA employees, if necessary, and take into consideration whether current positions are staffed, to reduce delays in publication of regulatory materials.
(E)
Public information.
Web posting.
Determination.
In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a progress tracker that updates to show the major stages (as determined by the Administrator) of the development of regulatory materials as such materials are initiated, in progress, and completed.(F)
Consider changes to the best practices of the FAA under rules governing ex parte communications, including communications with international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for such regulatory materials related to enhancing aviation safety and the aviation international leadership of the United States.
(G)
Recommenda-
tions.
Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes developed by recognized industry standards organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes.(H)
Recommenda-
tions.
Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity.138 STAT. 1043(4)
Action plan.—
The Administrator shall develop and transmit to the appropriate committees of Congress an action plan to implement, as appropriate, the recommendations developed by the review team.
(5)
Deadlines.—
The requirements of this section shall be subject to the following deadlines:
(A)
Not later than 120 days after the date of enactment of this section, the review team shall complete the evaluation required under paragraph (1) and submit to the Administrator the report of the review team on such evaluation.
(B)
Not later than 30 days after the date on which the review team submits the report under subparagraph (A), the Administrator shall develop and publish the action plan under paragraph (4).
(6)
Sunset.—
The review team shall terminate upon completion of the requirements under paragraph (5).
(7)
Administrative procedure requirements inapplicable.—
The provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”) shall not apply to any activities of the review team in carrying out the requirements of this section.
(8)
Regulatory materials defined.—
In this subsection, the term “
regulatory materials
” means rules, advisory circulars, statements of policy, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.(b)
Review of Non-regulatory Materials.—
(1)
Deadline.
In general.—
Not later than 3 years after the date of enactment of this Act, the inspector general of the Department of Transportation shall review the coordination and approval processes of non-regulatory materials produced by the FAA to improve the timeliness, transparency, development, and issuance of such materials.
(2)
Contents of review.—
In conducting the review under paragraph (1), the inspector general shall—
(A)
Recommenda-
tions.
provide recommendations for improving processes and eliminating non-value-added reviews of non-regulatory materials within the FAA and Department of Transportation, in consideration of the authority of the Administrator under section 106 of title 49, United States Code, and other applicable laws;
(B)
consider, with respect to each office within the FAA and the Department of Transportation that reviews non-regulatory materials—
(i)
the timeline assigned to each such office to complete the review of such materials;
(ii)
the actual time spent for such review; and
(iii)
opportunities to reduce the actual time spent for such review;
(C)
describe any organizational changes and additional resources that the Administrator needs, if necessary, to reduce delays in the development and publication of proposed non-regulatory materials;
(D)
consider to what extent reporting mechanisms and templates could be used to provide the public with more 138 STAT. 1044
consistent information on the development status of non-regulatory materials;
(E)
consider changes to the application of rules governing ex parte communications by the Administrator to provide flexibility for employees of the FAA to discuss non-regulatory materials with aviation stakeholders and foreign aviation authorities to promote United States aviation leadership;
(F)
Recommenda-
tions.
recommend methods by which the Administrator can incorporate standards set by recognized industry standards organizations, as such term is defined in section 224(c), into non-regulatory materials to keep pace with rapid changes in aerospace technology and processes; and
(G)
Evaluation.
evaluate the processes and best practices other civil aviation authorities and other Federal departments and agencies use to produce non-regulatory materials, particularly the processes of entities that produce such materials in an expedited fashion to respond to safety risks, incidents, or new technology adoption.
(3)
Consultation.—
In conducting the review under paragraph (1), the inspector general may, as appropriate, consult with industry stakeholders, academia, and other individuals with relevant background or expertise in improving the efficiency of Federal non-regulatory material production.
(4)
Report.—
Not later than 1 year after the inspector general initiates the review under paragraph (1), the inspector general shall submit to the Administrator a report on such review.
(5)
Action plan.—
(A)
In general.—
The Administrator shall develop an action plan to implement, as appropriate, the recommendations contained in the report submitted under paragraph (4).
(B)
Deadline.
Briefing.—
Not later than 90 days after receiving the report under paragraph (4), the Administrator shall brief the appropriate committees of Congress on such plan.
(6)
Non-regulatory materials defined.—
In this subsection, the term “
non-regulatory materials
” means orders, statements of policy, guidance, technical standards, and other materials related to aviation safety, training, and operation of aeronautical products.SEC. 206.
FUTURE OF NEXTGEN.
(a)
Deadline.
49 USC 40101 note.
Key Programs.—
Not later than December 31, 2025, the Administrator shall operationalize all of the key programs under the NextGen program as described in the deployment plan of the FAA.
(b)
Office Termination.—
The NextGen Office of the FAA shall terminate on December 31, 2025.
(c)
Transfer of Residual NextGen Implementation Functions.—
If the Administrator does not complete the air traffic modernization project known as the NextGen program by the deadline specified in subsection (a), the Administrator shall transfer the residual functions for completing the NextGen program to the Airspace Modernization Office of the FAA established under section 207.138 STAT. 1045
(d)
Deadline.
Transfer of NextGen Advisory Committee.—
Not later than December 31, 2025, management of the NextGen Advisory Committee shall transfer to the Chief Operating Officer of the air traffic control system.
(e)
Deadline.
Transfer of Advanced Air Mobility Functions.—
Not later than 90 days after the date of enactment of this Act, any advanced air mobility relevant functions, duties, and responsibilities of the NAS Systems Engineering and Integration Office or other offices within the Office of NextGen of the FAA shall be incorporated into the Office of Aviation Safety of the FAA.
(f)
Remaining Activities.—
In carrying out subsection (a), and after implementing subsections (c) through (e), the Administrator shall transfer any remaining duties, authorities, activities, personnel, and assets managed by the Office of NextGen of the FAA to other offices of the FAA, as appropriate.
(g)
Technical Center for Advanced Aerospace.—
Section 106 of title 49, United States Code, is further amended by .
striking
subsection (h) and inserting
the following:“(h)
Establishment.
Technical Center for Advanced Aerospace.—
“(1)
In general.—
There is established within the Administration a technology center to support the advancement of aerospace safety and innovation which shall be known as the ‘William J. Hughes Technical Center for Advanced Aerospace’ (in this subsection referred to as the ‘Technical Center’) that shall be used by the Administrator and, as permitted by the Administrator, other governmental entities, academia, and the aerospace industry.
“(2)
Management.—
The activities of the Technical Center shall be managed by a Director.
“(3)
Activities.—
The activities of the Technical Center shall include—
“(A)
developing and stimulating technology partnerships with and between industry, academia, and other government agencies and supporting such partnerships by—
“(i)
liaising between external persons and offices of the Administration interested in such work;
“(ii)
providing technical expertise and input, as appropriate; and
“(iii)
providing access to the properties, facilities, and systems of the Technical Center through appropriate agreements;
“(B)
managing technology demonstration grants awarded by the Administrator;
“(C)
identifying software, systems, services, and technologies that could improve aviation safety and the operations and management of the air traffic control system and working with relevant offices of the Administration to consider the use and integration of such software, systems, services, and technologies, as appropriate;
“(D)
supporting the work of any collocated facilities and tenants of such facilities, and to the extent feasible, enter into agreements as necessary to utilize the facilities, systems, and technologies of such collocated facilities and tenants;
“(E)
managing the facilities of the Technical Center; and138 STAT. 1046
“(F)
carrying out any other duties as determined appropriate by the Administrator.”
(h)
Conforming Amendment.—
Section 44507 of title 49, United States Code,
is amended
—(1)
by
striking
“(a) Civil Aeromedical Institute” and all that follows through “The Civil Aeromedical Institute established” and inserting
“The Civil Aeromedical Institute established”; and(2)
by
striking
subsection (b).SEC. 207.
49 USC 106 note.
AIRSPACE MODERNIZATION OFFICE.
(a)
Establishment.—
(1)
In general.—
On January 1, 2026, the Administrator shall establish within the FAA an Airspace Modernization Office (in this section referred to as the “Office”).
(2)
Placement.—
The Administrator may task an existing office of the FAA with the functions of the Office.
(3)
Duties.—
The Office shall be responsible for—
(A)
the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system;
(B)
the development of an information-centric national airspace system, including digitization of the processes and technology that supports such system;
(C)
improving the interoperability of FAA systems and third-party systems that support safe operations in the national airspace system; and
(D)
developing and periodically updating an integrated plan for the future state of the national airspace system in coordination with other offices of the FAA.
(b)
Integrated Plan Requirements.—
The integrated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse and growing set of airspace users. The integrated plan shall include the following:
(1)
A description of the demand for services that will be required of the future air transportation system, and an explanation of how the demand projections were derived, including—
(A)
the most likely range of average annual resources required over the duration of the plan to cost effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the mission of the FAA; and
(B)
Estimate.
an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users.
(2)
A roadmap for creating and implementing the integrated plan, including—
(A)
the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and nonprofit organizations in carrying out such activities;
(B)
the annual anticipated cost of carrying out such activities;138 STAT. 1047
(C)
the technical milestones that will be used to evaluate the activities; and
(D)
identifying technology gaps that the Administrator or industry may need to address to fully implement the integrated plan.
(3)
A description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system.
(4)
A description of the management of the enterprise architecture framework for the introduction of any operational improvements and to inform FAA financial decision-making.
(5)
Determination.
Deadline.
A justification for the operational improvements that the Office determines will need to be developed and deployed by 2040 to meet the needs of national airspace users, including the benefits, costs, and risks of the preferred and alternative options.
(c)
Considerations.—
In developing an initial integrated plan required under subsection (b) and carrying out such plan, the Office shall consider—
(1)
the results and recommendations of the independent report on implementation of the NextGen program under section 603;
(2)
the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and
(3)
the findings of the audit required by section 622, and the resulting plan to replace or enhance the identified legacy systems within a reasonable timeframe.
(d)
Consultation.—
In developing and carrying out the integrated plan, the Office shall consult with the NextGen Advisory Committee of the FAA.
(e)
Plan Deadline; Briefings.—
(1)
Plan deadline.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Appropriations of the House of Representatives an initial integrated plan required under subsection (a)(3)(D).
(2)
Annual briefings.—
The Administrator shall provide the committees of Congress specified in paragraph (1) with an annual briefing describing the progress in carrying out the integrated plan required under subsection (a)(3)(D), including any changes to the plan, through 2028.
(f)
Reports.
DOT Inspector General Review.—
Not later than 180 days after submission of the initial integrated plan under subsection (e)(1), the inspector general of the Department of Transportation shall begin a review of the integrated plan and submit to the committees of Congress specified in subsection (e)(1) a report that—
(1)
Assessments.
assesses the justification for the integrated plan;
(2)
Recommenda-
tions.
provides any recommendations for improving the integrated plan; and
(3)
includes any other information that the inspector general determines appropriate.138 STAT. 1048
SEC. 208.
Public information.
APPLICATION DASHBOARD AND FEEDBACK PORTAL.
(a)
In General.—
Determination.
The Deputy Administrator of the FAA shall determine whether a publicly facing dashboard that provides applicants with the status of an application before the FAA would be—(1)
beneficial to applicants;
(2)
an efficient use of resources to build, maintain, and update; or
(3)
duplicative with other efforts of the FAA to streamline and digitize paperwork and certification processes to provide an applicant with a greater awareness of the status of an application before the FAA.
(b)
Deadline.
Recommendation.—
Not later than 30 months after the date of enactment of this Act, the Deputy Administrator shall provide to the Administrator a recommendation regarding the need for or benefits of a dashboard or other means by which to track an application status.
(c)
Deadline.
Briefing.—
Not later than 45 days after receiving recommendations under subsection (b), the Administrator shall brief the appropriate Committees of Congress on—
(1)
any recommendation received under subsection (b); and
(2)
any activities the Administrator is taking in response to such recommendation.
(d)
FAA Feedback Portal.—
(1)
Determination.
In general.—
The Deputy Administrator shall determine whether a publicly facing portal on the website of the FAA through which the public may provide feedback to the Administrator about experiences individuals have working with personnel of the FAA would be beneficial.
(2)
Requirements.—
The Deputy Administrator shall ensure any portal established under this subsection asks questions that seek to gauge any shortcomings the FAA has in fulfilling the mission of the FAA or areas where the FAA is succeeding in meeting the mission of the FAA.
(e)
Application.—
This section shall apply to applications relating to—
(1)
an aircraft, aircraft engine, propeller, or appliance certification;
(2)
an airman or pilot certificate;
(3)
a medical certificate;
(4)
an operator certificate;
(5)
when authority under chapter 509 of title 51, United States Code, is explicitly delegated by the Secretary to the Administrator, a license or permit issued under such chapter;
(6)
an aircraft registration;
(7)
an operational approval, waiver, or exemption;
(8)
a legal interpretation;
(9)
an outstanding agency determination; and
(10)
any certificate not otherwise described in this subparagraph that is issued pursuant to chapter 447 of title 49, United States Code.
SEC. 209.
SENSE OF CONGRESS ON FAA ENGAGEMENT DURING RULEMAKING ACTIVITIES.
It is the sense of Congress that—
(1)
the Administrator should—138 STAT. 1049
(A)
engage with aviation stakeholder groups and the public during pre-drafting stages of rulemaking activities and use, to the greatest extent practicable, properly docketed ex parte discussions during rulemaking activities in order to—
(i)
inform the work of the Administrator;
(ii)
assist the Administrator in developing the scope of a rule; and
(iii)
reduce the timeline for issuance of proposed and final rules;
(B)
rely on documented data and safety trends when determining whether or not to proceed with a rulemaking activity; and
(C)
not consider a rulemaking activity required in statute, for the purposes of ex parte communications, as having been established on the date of enactment of the related public law, but rather upon obtainment of a regulation identifier number; and
(2)
when it would reduce the time required for the Administrator to adjudicate public comments, the Administrator should publicly provide information describing the rationale behind a regulatory decision included in proposed regulations in order to better allow for the public to provide clear and informed comments on such regulations.
SEC. 210.
CIVIL AEROMEDICAL INSTITUTE.
Section 106(j) of title 49, United States Code,
is amended
by striking
“There is” and inserting
“Civil Aeromedical Institute.—There is”.SEC. 211.
MANAGEMENT ADVISORY COUNCIL.
Section 106 of title 49, United States Code, is further amended—
(1)
by transferring paragraph (8) of subsection (p) to subsection (r) and
redesignating
such paragraph as paragraph (7); and(2)
by .
striking
subsection (p) and inserting
the following:“(p)
Management Advisory Council.—
“(1)
Establishment.—
The Administrator shall establish an advisory council which shall be known as the Federal Aerospace Management Advisory Council (in this subsection referred to as the ‘Council’).
“(2)
Membership.—
The Council shall consist of 13 members, who shall consist of—
“(A)
a designee of the Secretary of Transportation;
“(B)
a designee of the Secretary of Defense;
“(C)
5 members representing aerospace and technology interests, appointed by the Administrator;
“(D)
5 members representing aerospace and technology interests, appointed by the Secretary of Transportation; and
“(E)
1 member, appointed by the Secretary of Transportation, who is the head of a union representing air traffic control system employees.
“(3)
Qualifications.—
No officer or employee of the Federal Government may be appointed to the Council under subparagraph (C) or (D) of paragraph (2).
“(4)
Functions.—
138 STAT. 1050“(A)
In general.—
“(i)
Advise; counsel.—
The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the activities of the Administrator.
“(ii)
Resource.—
The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administrator.
“(iii)
Submissions to administration.—
With respect to Administration management, policy, spending, funding, data management and analysis, safety initiatives, international agreements, activities of the International Civil Aviation Organization, and regulatory matters affecting the aerospace industry and the national airspace system, the Council may—
“(I)
regardless of whether solicited by the Administrator, submit comments, recommended modifications, proposals, and supporting or dissenting views to the Administrator; and
“(II)
request the Administrator include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting or supporting views received from the Council under subclause (I).
“(iv)
Reasoning.—
Together with a Council submission that is published or described under clause (iii)(II), the Administrator may provide the reasons for any differences between the views of the Council and the views or actions of the Administrator.
“(v)
Cost-benefit analysis.—
The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.
“(vi)
Process review.—
The Council shall review the process through which the Administration determines to use advisory circulars, service bulletins, and other externally facing guidance and regulatory material.
“(B)
Time period.
Meetings.—
The Council shall meet not less than 3 times annually or at the call of the chair or the Administrator.
“(C)
Access to documents and staff.—
The Administrator may give the Council appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the ‘Freedom of Information Act’), cost data associated with the acquisition and operation of air traffic service systems.138 STAT. 1051
“(D)
Disclosure of commercial or proprietary data.—
Any member of the Council who receives commercial or other proprietary data as provided for in this paragraph from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.
“(5)
Application of chapter 10 of title 5.—
Chapter 10 of title 5 does not apply to—
“(A)
the Council;
“(B)
such aviation rulemaking committees as the Administrator shall designate; or
“(C)
such aerospace rulemaking committees as the Secretary shall designate.
“(6)
Administrative matters.—
“(A)
Terms.—
Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years.
“(B)
Term for air traffic control representative.—
The member appointed under paragraph (2)(E) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(E).
“(C)
Vacancy.—
Any vacancy on the Council shall be filled in the same manner as the original appointment, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term.
“(D)
Continuation in office.—
A member of the Council whose term expires shall continue to serve until the date on which the successor of the member takes office.
“(E)
Removal.—
Any member of the Council appointed under paragraph (2) may be removed for cause by whomever makes the appointment.
“(F)
Time period.
Chair; vice chair.—
The Council shall elect a chair and a vice chair from among the members appointed under subparagraphs (C) and (D) of paragraph (2), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chair in the absence of the chair.
“(G)
Travel and per diem.—
Each member of the Council shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from the usual place of residence of the member, in accordance with section 5703 of title 5.
“(H)
Detail of personnel from the administration.—
The Administrator shall make available to the Council such staff, information, and administrative services and assistance as may reasonably be required to enable the Council to carry out the responsibilities of the Council under this subsection.”
SEC. 212.
CHIEF OPERATING OFFICER.
Section 106(r) of title 49, United States Code,
is amended
—(1)
in paragraph (1)—
(A)
by ; and
striking
subparagraph (A) and inserting
the following:138 STAT. 1052
“(A)
Appointment.—
There shall be a Chief Operating Officer for the air traffic control system who is appointed by the Administrator and subject to the authority of the Administrator.”
(B)
in subparagraph (E) by
striking
“shall be appointed for the remainder of that term” and inserting
“may be appointed for either the remainder of the term or for a full term”;(2)
in paragraph (2) by
striking
“, with the approval of the Air Traffic Services Committee”;(3)
in paragraph (3)—
(A)
by
striking
“, in consultation with the Air Traffic Services Committee,”; and(B)
by
striking
“annual basis.” and inserting
— “annual basis and shall include responsibility for—
;“(A)
the state of good repair of the air traffic control system;
“(B)
the continuous improvement of the safety and efficiency of the air traffic control system; and
“(C)
identifying services and solutions to increase the safety and efficiency of airspace use and to support the safe integration of all airspace users.”
(4)
Assessment.
in paragraph (4) by
striking
“such information as may be prescribed by the Secretary” and inserting
“the annual performance agreement required under paragraph (3), an assessment of the performance of the Chief Operating Officer in relation to the performance goals in the performance agreement for the previous year, and such other information as may be prescribed by the Administrator”; and(5)
in paragraph (5)—
(A)
by
striking
“Chief Operating Officer, or any other authority within the Administration responsibilities, including” and inserting
“Chief Operating Officer any authority of the Administrator and shall delegate, at a minimum”;(B)
in subparagraph (A)—
(i)
in clause (iii) by
striking
“and” at the end;(ii)
in clause (iv) by
striking
the period at the end and inserting
“; and”; and(iii)
by ; and
adding
at the end the following:“(v)
plans to integrate new entrant operations into the national airspace system and associated action items.”
(C)
in subparagraph (C)(ii) by
striking
“and the Committee”.SEC. 213.
REPORT ON UNFUNDED CAPITAL INVESTMENT NEEDS OF AIR TRAFFIC CONTROL SYSTEM.
Section 106(r) of title 49, United States Code, is further amended by .
adding
at the end the following:“(6)
Unfunded capital investment needs report.—
“(A)
In general.—
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1150 of title 31, the Administrator shall submit to the Secretary, the Committee on Transportation and Infrastructure of 138 STAT. 1053
the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on any unfunded capital investment needs of the air traffic control system.
“(B)
Contents of briefing.—
In providing the report under subparagraph (A), the Administrator shall include, for each unfunded capital investment need, the following:
“(i)
A summary description of such unfunded capital investment need.
“(ii)
The objective to be achieved if such unfunded capital investment need is funded in whole or in part.
“(iii)
The additional amount of funds recommended in connection with such objective.
“(iv)
The Budget Line Item Program and Budget Line Item number associated with such unfunded capital investment need, as applicable.
“(v)
Any statutory requirement associated with such unfunded capital investment need, as applicable.
“(C)
Prioritization of requirements.—
The briefing required under subparagraph (A) shall present unfunded capital investment needs in overall urgency of priority.
“(D)
Unfunded capital investment need defined.—
In this paragraph, the term ‘
unfunded capital investment need
’ means a program that—“(i)
is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
“(ii)
is for infrastructure or a system related to necessary modernization or sustainment of the air traffic control system;
“(iii)
is listed for any year in the most recent National Airspace System Capital Investment Plan of the Administration; and
“(iv)
would have been recommended for funding through the budget referred to in subparagraph (A) by the Administrator if—
“(I)
additional resources had been available for the budget to fund the program, activity, or mission requirement; or
“(II)
the program, activity, or mission requirement has emerged since the budget was formulated.”
SEC. 214.
CHIEF TECHNOLOGY OFFICER.
Section 106(s) of title 49, United States Code,
is amended
—(1)
in paragraph (1)—
(A)
in subparagraph (A) by
striking
“There shall be” and all that follows through the period at the end and inserting
“The Chief Technology Officer shall be appointed by the Administrator.”;(B)
in subparagraph (B) by
striking
“management” and inserting
“management, systems management,”;(C)
by
striking
subparagraphs (C) and (D);(D)
by
redesignating
subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and(E)
by ;
inserting
before subparagraph (B), as so redesignated, the following:138 STAT. 1054
“(A)
Establishment.—
There shall be a Chief Technology Officer for the air traffic control system that shall report directly to the Chief Operating Officer of the air traffic control system.”
(2)
in paragraph (2)—
(A)
in subparagraph (A) by
striking
“program”; and(B)
in subparagraph (F) by
striking
“aircraft operators” and inserting
“the Administration, aircraft operators, or other private providers of information and services related to air traffic management”; and(3)
in paragraph (3)—
(A)
in subparagraph (A) by
striking
“The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that title.”;(B)
by
redesignating
subparagraph (B) as subparagraph (C); and(C)
by .
inserting
after subparagraph (A) the following:“(B)
Post-employment.—
The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of such title.”
SEC. 215.
DEFINITION OF AIR TRAFFIC CONTROL SYSTEM.
Section 40102(a)(47) of title 49, United States Code,
is amended
—(1)
in subparagraph (C) by
striking
“and” at the end;(2)
in subparagraph (D) by
striking
the period at the end and inserting
“; and”; and(3)
by .
adding
at the end the following:“(E)
systems, software, and hardware operated, owned, and maintained by third parties that support or directly provide air navigation information and air traffic management services with Administration approval.”
SEC. 216.
PEER REVIEW OF OFFICE OF WHISTLEBLOWER PROTECTION AND AVIATION SAFETY INVESTIGATIONS.
Section 106(t) of title 49, United States Code,
is amended
—(1)
by
striking
paragraph (7);(2)
by ; and
inserting
after paragraph (6) the following:“(7)
Department of transportation office of the inspector general peer review.—
“(A)
Deadline.
Time period.
In general.—
Not later than 2 years after the date of enactment of the FAA Reauthorization Act of 2024, and every 5 years thereafter, the inspector general of the Department of Transportation shall perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investigations.
“(B)
Peer review scope.—
In completing the peer reviews required under this paragraph, the inspector general shall, to the extent appropriate, use the most recent peer review guides published by the Council of the Inspectors General on Integrity and Efficiency Audit Committee and Investigations Committee.
“(C)
Reports to congress.—
Not later than 90 days after the completion of a peer review required under this 138 STAT. 1055
paragraph, the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a description of any actions taken or to be taken to address the results of the peer review.”
(3)
in paragraph (8)(B) by
striking
the comma.SEC. 217.
49 USC 40131 note.
CYBERSECURITY LEAD.
(a)
Designation.
In General.—
The Administrator shall designate an executive of the FAA to serve as the lead for the cybersecurity of FAA systems and hardware (in this section referred to as the “Cybersecurity Lead”).
(b)
Duties.—
The Cybersecurity Lead shall carry out duties and powers prescribed by the Administrator, including the management of activities required under subtitle B of title III.
(c)
Deadlines.
Briefing.—
Not later than 1 and 3 years after the date of enactment of this Act, the Cybersecurity Lead shall brief the appropriate committees of Congress on the implementation of subtitle B of title III.
SEC. 218.
ELIMINATING FAA REPORTING AND UNNECESSARY REQUIREMENTS.
(a)
Annual Report on Aviation Activities.—
Section 308 of title 49, United States Code,
is amended
—(1)
by
striking
subsection (b);(2)
by
redesignating
subsection (c) as subsection (b); and(3)
by
redesignating
subsection (e) as subsection (c).(b)
Annual Report on the Purchase of Foreign Manufactured Articles.—
Section 40110(d) of title 49, United States Code,
is amended
by striking
paragraph (5).(c)
Annual Report on Assistance to Foreign Aviation Authorities.—
Section 40113(e) of title 49, United States Code,
is amended
—(1)
by
striking
paragraph (4); and(2)
by
redesignating
paragraph (5) as paragraph (4).(d)
AIP Annual Report.—
Section 47131 of title 49, United States Code, and the item relating to such section in the analysis for chapter 471 of such title,
49 USC
prec. 47101.
arerepealed
.(e)
Transfer of Airport Land Use Compliance Report to NPIAS.—
Section 47103 of title 49, United States Code,
is amended
—(1)
by
redesignating
subsection (d) as subsection (e); and(2)
by .138 STAT. 1056
inserting
after subsection (c) the following:“(d)
Non-compliant Airports.—
“(1)
Plan.
List.
In general.—
The Secretary shall include in the plan a detailed statement listing airports the Secretary has reason to believe are not in compliance with grant assurances or other requirements with respect to airport lands and shall include—
“(A)
the circumstances of noncompliance;
“(B)
the timeline for corrective action with respect to such noncompliance; and
“(C)
any corrective action the Secretary intends to require to bring the airport sponsor into compliance.
“(2)
Listing.—
The Secretary is not required to conduct an audit or make a final determination before including an airport on the list referred to in paragraph (1).”
(f)
Notice to Airport Sponsors Regarding Purchase of American Made Equipment and Products.—
Section 306 of the Federal Aviation Administration Authorization Act of 1994 (49 U.S.C. 50101 note)
is amended
—(1)
in subsection (a) by
striking
“(a)” and all that follows through “It is the sense” and inserting
“It is the sense”; and(2)
by
striking
subsection (b).(g)
49 USC 44901 note, 44903 note, 44904 note, 44935 note.
Obsolete Aviation Security Requirements.—
Sections 302, 307, 309, and 310 of the Federal Aviation Reauthorization Act of 1996 (Public Law 104–264), and the items relating to such sections in the table of contents in section 1(b) of such Act, are
repealed
.(h)
Regulation of Alaska Guide Pilots.—
Section 732 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 44701 note)
is amended
—(1)
by
striking
subsection (b);(2)
by
redesignating
subsection (c) as subsection (b); and(3)
in subsection (b), as so redesignated—
(A)
in the subsection heading by
striking
“Definitions” and inserting
“Definition of Alaska Guide Pilot”;(B)
by
striking
“, the following definitions apply” and all that follows through “The term ‘Alaska guide pilot
’ ” and inserting
“the term ‘Alaska guide pilot
’ ”; and(C)
by
redesignating
subparagraphs (A) through (C) as paragraphs (1) through (3) (and adjusting the margins accordingly).(i)
Next Generation Air Transportation Senior Policy Committee.—
Section 710 of the Vision 100–Century of Aviation Reauthorization Act (49 U.S.C. 40101 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are
repealed
.(j)
Improved Pilot Licenses and Pilot License Rulemaking.—
(1)
Intelligence reform and terrorism prevention act.—
Section 4022 of the Intelligence Reform and Terrorism Prevention Act of 2004 (49 U.S.C. 44703 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are
repealed
.(2)
FAA modernization and reform act of 2012.—
Section 321 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44703 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are
repealed
.(k)
Technical Training and Staffing Study.—
Section 605 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95) is
126 Stat. 113.
amended—(1)
by
striking
subsection (a);(2)
in subsection (b)—
(A)
by
striking
“(b) Workload of Systems Specialists.—”; and(B)
by
redesignating
paragraphs (1) through (3) as subsections (a) through (c) (and adjust the margins and header casing appropriately); and(3)
in subsection (c) (as so redesignated) by
striking
“paragraph (1)” and inserting
“subsection (a)”.(l)
Ferry Flight Duty Period and Flight Time Rulemakings.—
Section 345 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701 note), and the item relating to such 138 STAT. 1057
section in the table of contents in section 1(b) of such Act, are
repealed
.(m)
Laser Pointer Incident Reports.—
Section 2104 of FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 46301 note)
is amended
—(1)
in subsection (a) by
striking
“quarterly updates” and inserting
“annually an annual briefing”; and(2)
by .
adding
at the end the following:“(c)
Report Sunset.—
Subsection (a) shall cease to be effective after September 30, 2028.”
(n)
Cold Weather Projects Briefing.—
Section 156 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47112 note)
is amended
—(1)
by
striking
subsection (b); and(2)
by
redesignating
subsection (c) as subsection (b).(o)
45 USC 165 note.
Biannual GAO Audit.—
Any provision of the FAA Modernization and Reform Act of 2012 (Public Law 112–95), including any amendment made by such Act, that requires the Comptroller General to conduct an audit (including a recurring audit) shall have no force or effect.
SEC. 219.
AUTHORITY TO USE ELECTRONIC SERVICE.
Section 46103 of title 49, United States Code,
is amended
—(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (B) by
striking
“or” after the semicolon;(ii)
in subparagraph (C) by
striking
the period at the end and inserting
a semicolon; and(iii)
by ; and
adding
at the end the following:“(D)
by electronic or facsimile transmission to the person to be served or the designated agent of the person; or
“(E)
as designated by regulation or guidance published in the Federal Register.”
(B)
by ; and
adding
at the end the following:“(3)
The date of service made by an electronic or facsimile method is—
“(A)
the date an electronic or facsimile transmission is sent; or
“(B)
the date a notification is sent by an electronic or facsimile method that a notice, process, or action is immediately available and accessible in an electronic database.”
(2)
in subsection (c) by
striking
the first sentence and inserting
“Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent.”.SEC. 220.
49 USC 40101 note.
SAFETY AND EFFICIENCY THROUGH DIGITIZATION OF FAA SYSTEMS.
(a)
Deadline.
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall—
(1)
Certification.
Requirement.
identify, at the discretion of the Administrator, not less than 3 processes of the FAA that result in a certification and require paper-based information exchange between external entities and the FAA or offices within the FAA (such 138 STAT. 1058
as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and
(2)
initiate the digitization of such processes.
(b)
Requirements.—
In carrying out the digitization required under subsection (a), the Administrator shall ensure that the digitization of any process allows for—
(1)
an applicant to track the application of such applicant throughout the period of submission and review of such application; and
(2)
the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application.
(c)
Deadline.
Briefing to Congress.—
Not later than 2 years after the date on which the Administrator initiates the digitization under subsection (a)(2), the Administrator shall brief the appropriate committees of Congress on the progress of such digitization.
(d)
Definition of Digitization.—
In this section, the term “
digitization
” means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet.SEC. 221.
Deadlines.
49 USC 106 note.
FAA TELEWORK.
(a)
In General.—
The Administrator—
(1)
Policies.
Workforce retention.
may establish telework policies for employees of the FAA that allow for the Administrator to reduce the office footprint and associated expenses of the FAA, if appropriate, increase workforce retention, and provide flexibilities that the Administrator demonstrates increases efficiency and effectiveness of the Administration, while requiring that any such policy—(A)
does not adversely impact the mission of the FAA;
(B)
does not reduce the safety or efficiency of the national airspace system;
(C)
for any employee that is designated as an officer or executive in the FAA Executive System or a political appointee (as such term is defined in section 106 of title 49, United States Code)—
(i)
maximizes time at a duty station for such employee, excluding official travel; and
(ii)
may include telework provisions as determined appropriate by the Administrator, commensurate with official duties for such employee;
(D)
provides for on-the-job training opportunities for FAA personnel that are not less than such opportunities available in 2019;
(E)
reflects the appropriate work status of employees based on the job functions of such employee;
(F)
optimizes the work status of inspectors, investigators, and other personnel performing safety-related functions to ensure timely completion of safety oversight activities;
(G)
provides for personnel, including such personnel performing work related to aircraft certification and flight standards, who are responsible for actively working with regulated entities, external stakeholders, or other members of the public to be—138 STAT. 1059
(i)
routinely available on a predictable basis for in-person and virtual communications with external persons; and
(ii)
not hindered from meeting with, visiting, auditing, or inspecting facilities or projects of regulated persons due to any telework policy; and
(H)
provides opportunities for in-person dialogue, collaboration, and ideation for all employees;
(2)
ensures that locality pay for an employee of the FAA accurately reflects the telework status and duty station of such employee;
(3)
may not establish a telework policy for an employee of the FAA unless such employee will be provided with secure network capacity, communications tools, necessary and secure access to appropriate agency data assets and Federal records, and equipment sufficient to enable such employee to be fully productive; and
(4)
Evaluation.
not later than 2 years after the date of enactment of this Act, shall evaluate and address any telework policies in effect on the day before such date of enactment to ensure that such policies meet the requirements of paragraph (1).
(b)
Time period.
Briefing.
Congressional Update.—
Not later than 1 year after the date of enactment of this Act, and 1 year thereafter, the Administrator shall brief the appropriate committees of Congress on any telework policies currently in place, the implementation of such policies, and the benefits of such policies.
(c)
Determination.
Consultation.—
If the Administrator determines that telework agreements need to be updated to implement the requirements of subsection (a), the Administrator shall, prior to updating such agreements, consult with—
(1)
exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; and
(2)
labor organizations certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors and engineers of the FAA.
SEC. 222.
REVIEW OF OFFICE SPACE.
(a)
Deadlines.
Inventory.
FAA Review.—
(1)
Initiation of review.—
Not later than 12 months after the date of enactment of this Act, the Secretary shall initiate an inventory review of the domestic office footprint of the Department of Transportation.
(2)
Completion of review.—
Not later than 30 months after the date of enactment of this Act, the Secretary shall complete the inventory review required under paragraph (1).
(b)
Contents of Review.—
In completing the review under subsection (a), the Secretary shall—
(1)
delineate the domestic office footprint, as determined appropriate by the Secretary;
(2)
Determination.
determine space adequacy related to—
(A)
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and the corresponding accessibility guidelines established under part 1191 of title 36, Code of Federal Regulations; and138 STAT. 1060
(B)
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(3)
Determination.
determine the feasible occupancy of such space, and provide the methodology used to make the determination;
(4)
Determination.
determine the number of individuals who are full-time equivalent employees, other support personnel, or contractors that have each such unit as a duty station and determine how telework policies will impact the usage of such space;
(5)
calculate the amount of available, unused, or underutilized space in each such space;
(6)
consider any lease terms for leased space contained in the domestic office footprint, including cost and effective dates for each such lease; and
(7)
Recommenda-
tions.
based on the findings in paragraphs (2) through (6), and any other metrics the Secretary determines relevant, provide recommendations for optimizing the use of office space across the Department in consultation with appropriate employee labor representatives.
(c)
Report.—
Not later than 4 months after completing the review under subsection (a), the Secretary shall submit to the appropriate committees of Congress a final report that proposes opportunities to optimize the domestic office footprint of the FAA (and associated costs). In compiling such final report, the Secretary shall describe opportunities for—
(1)
consolidation of offices within a reasonable distance, as determined by the Senior Real Property Officer of the Department of Transportation, from one another;
(2)
the collocation of regional or satellite offices of separate modes of the Department, including the costs and benefits of shared amenities; and
(3)
the use of coworking spaces instead of permanent offices.
(d)
Domestic Office Footprint Defined.—
In this section, the term “
domestic office footprint
” means buildings, offices, facilities, and other real property rented, owned, or occupied by the FAA or Department—(1)
in which employees report for permanent or temporary duty that are not FAA Airport Traffic Control Towers, Terminal Radar Approach Control Facilities, Air Route Traffic Control Centers, and Combined Control Facilities; and
(2)
which are located within the United States.
SEC. 223.
RESTORATION OF AUTHORITY.
(a)
In General.—
Chapter 401 of title 49, United States Code, .
is amended
by inserting
after section 40118 the following:Ҥ 40119.
49 USC 40119.
Sensitive security information
“(a)
Disclosure.—
“(1)
Regulations prohibiting disclosure.—
Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would—
“(A)
be an unwarranted invasion of personal privacy;
“(B)
reveal a trade secret or privileged or confidential commercial or financial information; or138 STAT. 1061
“(C)
be detrimental to transportation safety.
“(2)
Disclosure to congress.—
Paragraph (1) shall not be construed to authorize information to be withheld from a committee of Congress authorized to have such information.
“(3)
Rule of construction.—
Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as such term is defined in section 15.5 of title 49, Code of Federal Regulations) to—
“(A)
conceal a violation of law, inefficiency, or administrative error;
“(B)
prevent embarrassment to a person, organization, or agency;
“(C)
restrain competition; or
“(D)
prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
“(4)
Law enforcement disclosure.—
Section 552a of title 5 shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.
“(b)
Transfers of Duties and Powers Prohibited.—
Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the Federal Government.”
(b)
49 USC 40119 note.
Effective Date.—
The amendments made by this section shall be effective as of October 5, 2018, and all authority restored to the Secretary and the FAA under this section shall be treated as if such authority had never been
repealed
by the FAA Reauthorization Act of 2018 (Public Law 115–254).(c)
Conforming Amendment.—
The analysis for chapter 401 of title 49, United States Code,
49 USC
prec. 40101.
is amended
by inserting
after the item relating to section 40118 the following:“40119.
Sensitive security information.”.
SEC. 224.
49 USC 106 note.
FAA PARTICIPATION IN INDUSTRY STANDARDS ORGANIZATIONS.
(a)
In General.—
The Administrator shall encourage the participation of employees of the FAA, as appropriate, in the activities of recognized industry standards organizations to advance the adoption, reference, and acceptance rate of standards and means of compliance developed by such organizations by the Administrator.
(b)
Participation.—
An employee of the FAA directed by the Administrator to participate in a working group, task group, committee, or similar body of a recognized industry standards organization shall—
(1)
actively participate in the discussions and work of such organization;
(2)
accurately represent the position of the Administrator on the subject matter of such discussions and work;
(3)
contribute to the development of work products of such organization, unless determined to be inappropriate by such organization;138 STAT. 1062
(4)
make reasonable efforts to identify and make any concerns of the Administrator relating to such work products known to such organization, including through providing formal comments, as may be allowed for under the procedures of such organization;
(5)
Updates.
provide regular updates to other FAA employees and management on the progress of such work products; and
(6)
seek advice and input from other FAA employees and management, as needed.
(c)
Recognized Industry Standards Organization Defined.—
In this section, the term “
recognized industry standards organization
” means a domestic or international organization that—(1)
uses agreed upon procedures to develop aviation-related industry standards or means of compliance, including standards or means of compliance that satisfy FAA requirements or guidance;
(2)
is comprised of members of the public, including subject matter experts, industry representatives, academics and researchers, and government employees; and
(3)
has had at least 1 standard or means of compliance accepted by the Administrator or referenced in guidance material or a regulation issued by the FAA after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176).
SEC. 225.
SENSE OF CONGRESS ON USE OF VOLUNTARY CONSENSUS STANDARDS.
It is the sense of Congress that the Administrator should make every effort to abide by the policies set forth in the circular of the Office of Management and Budget, titled “Federal Participation in the Development and Use of Voluntary Consensus Standards and Conformity Assessment Activities” (A–119).
SEC. 226.
49 USC 106 note.
REQUIRED DESIGNATION.
The Administrator shall designate any aviation rulemaking committee convened under this Act pursuant to section 106(p)(5) of title 49, United States Code.
SEC. 227.
ADMINISTRATIVE SERVICES FRANCHISE FUND.
Title I of the Department of Transportation and Related Agencies Appropriations Act, 1997 (49 U.S.C. 40113 note)
is amended
under the heading “Administrative Services Franchise Fund” by striking
“shall be paid in advance” and inserting
“may be reimbursed after performance or paid in advance”.SEC. 228.
COMMERCIAL PREFERENCE.
Section 40110(d) of title 49, United States Code, is further amended—
(1)
in paragraph (1) by
striking
“and implement” and inserting
“, implement, and periodically update”;(2)
in paragraph (2) by
striking
“the new acquisition management system developed and implemented” and inserting
“the acquisition management system developed, implemented, and periodically updated” each place it appears;(3)
in paragraph (3)—
(A)
in the matter preceding subparagraph (A)—
(i)
by
striking
“new”; and138 STAT. 1063(ii)
by
striking
“and implemented” and inserting
“, implemented, and periodically updated”; and(B)
in subparagraph (B) by
striking
“Within” and all that follows through “the Administrator” and inserting
“The Administrator”;(4)
by
redesignating
paragraph (4) as paragraph (5); and(5)
by .
inserting
after paragraph (3) the following:“(4)
Commercial products and services.—
In implementing and updating the acquisition management system pursuant to paragraph (1), the Administrator shall, whenever possible—
“(A)
describe the requirements with respect to a solicitation for the procurement of supplies or services in terms of—
“(i)
functions to be performed;
“(ii)
performance required; or
“(iii)
essential physical and system characteristics;
“(B)
ensure that commercial services or commercial products may be procured to fulfill such solicitation, or to the extent that commercial products suitable to meet the needs of the Administration are not available, ensure that nondevelopmental items other than commercial products may be procured to fulfill such solicitation;
“(C)
provide offerors of commercial services, commercial products, and nondevelopmental items other than commercial products an opportunity to compete in any solicitation for the procurement of supplies or services;
“(D)
Policies.
Procedures.
revise the procurement policies, practices, and procedures of the Administration to reduce any impediments to the acquisition of commercial products and commercial services;
“(E)
Contracts.
ensure that any procurement of new equipment takes into account the life cycle, reliability, performance, service support, and costs to guarantee the acquisition of equipment that is of high quality and reliability resulting in greater performance and cost-related benefits; and
“(F)
Contracts.
Requirements.
ensure that procurement officials—“(i)
acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the Administration;
“(ii)
in a solicitation for the procurement of supplies or services, state the specifications for such supplies or services in terms that enable and encourage bidders and offerors to supply commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, to supply nondevelopmental items other than commercial products;
“(iii)
require that prime contractors and subcontractors at all levels under contracts with the Administration incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the Administration;
“(iv)
modify procurement requirements in appropriate circumstances to ensure that such requirements 138 STAT. 1064
can be met by commercial services or commercial products, or to the extent that commercial products suitable to meet the needs of the Administration are not available, nondevelopmental items other than commercial products; and
“(v)
require training of appropriate personnel in the acquisition of commercial products and commercial services.”
SEC. 229.
49 USC 44501 note.
ADVANCED AVIATION TECHNOLOGY AND INNOVATION STEERING COMMITTEE.
(a)
Deadline.
Establishment.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the “Steering Committee”) to assist the FAA in planning for and integrating advanced aviation technologies.
(b)
Purpose.—
The Steering Committee shall—
(1)
Update.
Plan.
create and regularly update a comprehensive strategy and action plan for integrating advanced aviation technologies into the national airspace system and aviation ecosystem; and(2)
provide direction and resolution for complex issues related to advanced aviation technologies that span multiple offices or lines of business of the FAA, as needed.
(c)
Chair.—
The Deputy Administrator of the FAA shall serve as the Chair of the Steering Committee.
(d)
Composition.—
In addition to the Chair, the Steering Committee shall consist of the Assistant or Associate Administrator, or the designee of such Administrator, of each of the following FAA offices:
(1)
Office of Aviation Safety.
(2)
Air Traffic Organization.
(3)
Office of Airports.
(4)
Office of Commercial Space Transportation.
(5)
Office of Finance and Management.
(6)
Office of the Chief Counsel.
(7)
Office of Rulemaking and Regulatory Improvement.
(8)
Office of Policy, International Affairs, and Environment.
(9)
Office of Security and Hazardous Materials Safety.
(10)
Any other Office the Administrator determines necessary.
SEC. 230.
Deadlines.
49 USC 40101 note.
REVIEW AND UPDATES OF CATEGORICAL EXCLUSIONS.
(a)
Review.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall identify each categorical exclusion under the jurisdiction of the Department of Transportation, including any operating administration within the Department.
(b)
New Categorical Exclusions for Airport Projects.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall—
(1)
review the categorical exclusions applied by other operating administrations identified in subsection (a); and
(2)
take such action as may be necessary to adopt, as relevant and appropriate, new categorical exclusions that meet the requirements of section 1508.4 of title 40, Code of Federal Regulations, from among categorical exclusions reviewed by the Secretary in paragraph (1) for use by the FAA.138 STAT. 1065
SEC. 231.
IMPLEMENTATION OF ANTI-TERRORIST AND NARCOTIC AIR EVENTS PROGRAMS.
(a)
49 USC 44103 note.
Implementation.—
(1)
Deadline.
Priority recommendations.—
Not later than 180 days after the date of enactment of this section, the Administrator shall—
(A)
implement recommendations 6, 13, 14, and 15 as set forth in the Government Accountability Office report entitled “Aviation: FAA Needs to Better Prevent, Detect, and Respond to Fraud and Abuse Risks in Aircraft Registration,” (dated March 25, 2020); and
(B)
to the extent that rulemaking is necessary to implement such recommendations, issue a notice of proposed rulemaking pursuant to the rulemaking authority of the FAA.
(2)
Effective date.
Remaining recommendations.—
The Administrator shall implement recommendations 1 through 5 and 8 through 12 as set forth in the Government Accountability Office report described in paragraph (1) and, to the extent that rulemaking is necessary to implement such recommendations, issue a notice of proposed rulemaking pursuant to the rulemaking authority of the FAA, on the earlier of—
(A)
the date that is 90 days after the date on which the FAA implements the Civil Aviation Registry Electronic Services system; or
(B)
January 1, 2026.
(b)
Reports.—
(1)
Priority recommendations.—
Not later than 60 days after the date on which the Administrator implements the recommendations under subsection (a)(1), the Administrator shall submit to the Committees on the Judiciary and Commerce, Science, and Transportation of the Senate, the Committees on the Judiciary and Energy and Commerce of the House of Representatives, and the Caucus on International Narcotics Control of the Senate a report on such implementation, including a description of any steps taken by the Administrator to complete such implementation.
(2)
Remaining recommendations.—
Not later than 60 days after the date on which the Administrator implements the recommendations under subsection (a)(2), the Administrator shall submit to the Committees on the Judiciary and Commerce, Science, and Transportation of the Senate, the Committees on the Judiciary and Energy and Commerce of the House of Representatives, and the Caucus on International Narcotics Control of the Senate a report on such implementation, including a description of any steps taken by the Administrator to complete such implementation.138 STAT. 1066
TITLE III—
AVIATION SAFETY IMPROVEMENTS
Subtitle A—
General Provisions
SEC. 301.
HELICOPTER AIR AMBULANCE OPERATIONS.
(a)
Outdated Air Ambulance Rulemaking Requirement.—
Section 44730 of title 49, United States Code,
is amended
—(1)
in subsection (a)(1) by
striking
“not later than 180 days after the date of enactment of this section,”;(2)
in subsection (c) by
striking
“address the following” and inserting
“consider, or address through other means, the following”;(3)
in subsection (d) by
striking
“provide for the following” and inserting
“consider, or address through other means, the following”; and(4)
in subsection (e)—
(A)
in the heading by
striking
“Subsequent Rulemaking” and inserting
“Subsequent Actions”;(B)
in paragraph (1) by
striking
“shall conduct a follow-on rulemaking to address the following:” and inserting
“shall address through a follow-on rulemaking, or through such other means that the Administrator considers appropriate, the following:”;(C)
by
striking
paragraph (2); and(D)
by
redesignating
paragraph (3) as paragraph (2).(b)
Deadline.
Safety Management Systems Briefing.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on how the final rule titled “Safety Management System”, published on April 26, 2024, (89 Fed. Reg. 33068), will—
(1)
improve helicopter air ambulance operations and piloting; and
(2)
consider the use of safety equipment by flight crew and medical personnel on a helicopter conducting an air ambulance operation.
(c)
Improvement of Publication of Helicopter Air Ambulance Operations Data.—
Section 44731 of title 49, United States Code,
is amended
—(1)
by
striking
subsection (d);(2)
in subsection (e)—
(A)
in paragraph (1) by
striking
“and” at the end; and(B)
by ; and
striking
paragraph (2) and inserting
the following:“(2)
make publicly available, in part or in whole, on a website of the Federal Aviation Administration, the database developed pursuant to subsection (c); and
“(3)
analyze the data submitted under subsection (a) periodically and use such data to inform efforts to improve the safety of helicopter air ambulance operations.”
(3)
by
redesignating
subsections (e) and (f) as subsections (d) and (e), respectively.138 STAT. 1067SEC. 302.
GLOBAL AIRCRAFT MAINTENANCE SAFETY IMPROVEMENTS.
(a)
FAA Oversight of Repair Stations Located Outside the United States.—
(1)
In general.—
Section 44733 of title 49, United States Code,
is amended
—(A)
in the heading by
striking
“Inspection” and inserting
“Oversight”;(B)
in subsection (a) by
striking
“Not later than 1 year after the date of enactment of this section, the” and inserting
“The”;(C)
in subsection (e)—
(i)
by
inserting
“, without prior notice to such repair stations,” after “annually”;(ii)
by
inserting
“and the applicable laws of the country in which the repair station is located” after “international agreements”; and(iii)
by
striking
the last sentence and inserting
“The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and the applicable laws of the country in which the part 145 repair station is located.”;(D)
by
redesignating
subsection (g) as subsection (j); and(E)
by .138 STAT. 1069
inserting
after subsection (f) the following:“(g)
Data Analysis.—
“(1)
Reports.
In general.—
Each fiscal year in which a part 121 air carrier has had heavy maintenance work performed on an aircraft owned or operated by such carrier, such carrier shall provide to the Administrator, not later than the end of the following fiscal year, a report containing the information described in paragraph (2).
“(2)
Information required.—
A report under paragraph (1) shall contain the following:
“(A)
The location where any heavy maintenance work on aircraft was performed outside the United States.
“(B)
A description of the work performed at each such location.
“(C)
The date of completion of the work performed at each such location.
“(D)
List.
Deadline.
A list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier not later than 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that—
“(i)
requires corrective action after the aircraft is approved for return to service; and
“(ii)
results from such work performed on such aircraft.
“(E)
Certification.
The certificate number of the person approving such aircraft or on-wing aircraft engine for return to service following completion of the work performed at each such location.“(3)
Analysis.—
The Administrator shall—138 STAT. 1068
“(A)
analyze information provided under this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions of such title, to detect safety issues associated with heavy maintenance work on aircraft performed outside the United States; and
“(B)
require appropriate actions by an air carrier or repair station in response to any safety issue identified by the analysis conducted under subparagraph (A).
“(4)
Confidentiality.—
Information provided under this subsection shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123.
“(h)
Applications and Prohibition.—
“(1)
In general.—
The Administrator may not approve any new application under part 145 of title 14, Code of Federal Regulations, from a person located or headquartered in a country that the Administration, through the International Aviation Safety Assessment program, has classified as Category 2.
“(2)
Exception.—
Paragraph (1) shall not apply to an application for the renewal of a certificate issued under part 145 of title 14, Code of Federal Regulations.
“(3)
Maintenance implementation procedures agreement.—
The Administrator
Contracts.
may elect not to enter into a new maintenance implementation procedures agreement with a country classified as Category 2, for as long as the country remains classified as Category 2.“(4)
Prohibition on continued heavy maintenance work.—
No part
Contracts.
121 air carrier may enter into a new contract for heavy maintenance work with a person located or headquartered in a country that the Administrator, through the International Aviation Safety Assessment program, has classified as Category 2, for as long as such country remains classified as Category 2.“(i)
Deadline.
Minimum Qualifications for Mechanics and Others Working on U.S. Registered Aircraft.—
“(1)
In general.—
Not later than 18 months after the date of enactment of this subsection, the Administrator shall require that, at each covered repair station—
“(A)
all supervisory personnel of such station are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and
“(B)
all personnel of such station authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator.
“(2)
Available for consultation.—
Not later than 18 months after the date of enactment of this subsection, the Administrator shall require any individual who is responsible for approving an article for return to service or who is directly in charge of heavy maintenance work performed on aircraft operated by a part 121 air carrier be available for consultation while work is being performed at a covered repair station.”
(2)
Definitions.—
(A)
In general.—
Section 44733(j) of title 49, United States Code (as redesignated by this section),
is amended
—(i)
in paragraph (1) by
striking
“aircraft” and inserting
“aircraft (including on-wing aircraft engines)”;(ii)
by
redesignating
paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and(iii)
by .
inserting
before paragraph (2), as so redesignated, the following:“(1)
Covered repair station.—
The term ‘
covered repair station
’ means a facility that—“(A)
is located outside the United States;
“(B)
is a part 145 repair station; and
“(C)
performs heavy maintenance work on aircraft operated by a part 121 air carrier.”
(B)
Technical amendment.—
Section 44733(a)(3) of title 49, United States Code,
is amended
by striking
“covered part 145 repair stations” and inserting
“part 145 repair stations”.(3)
Conforming amendments.—
The analysis for chapter 447 of title 49, United States Code,
49 USC
prec. 44701.
is amended
by striking
the item relating to section 44733 and inserting
the following:“44733.
Oversight of repair stations located outside the United States.”.
(b)
Regulations.
Alcohol and Drug Testing and Background Checks.—
(1)
Deadline.
49 USC 44733 note.
In general.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall issue a final rule carrying out the requirements of section 2112(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44733 note).
(2)
49 USC 44733 note.
Rulemaking on assessment requirement.—
With respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking (or request that the head of another Federal agency initiate a rulemaking) that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.
(3)
Definition of covered repair station.—
For purposes of this subsection, the term “
covered repair station
” means a facility that—(A)
is located outside the United States;
(B)
is certificated under part 145 of title 14, Code of Federal Regulations; and
(C)
performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.
SEC. 303.
ODA BEST PRACTICE SHARING.
Section 44736(b) of title 49, United States Code,
is amended
—(1)
in paragraph (1) by
striking
“Not later than 120 days after the date of enactment of this section, the” and insert “The”; and(2)
in paragraph (3)—
(A)
in subparagraph (E) by
striking
“and” at the end;138 STAT. 1070(B)
in subparagraph (F) by
striking
the period and inserting
“; and”; and(C)
by .
adding
at the end the following:“(G)
convene a forum not less than every 2 years between ODA holders, unit members, and other organizational representatives and relevant experts, in order to—
“(i)
share best practices;
“(ii)
instill professionalism, ethics, and personal responsibilities in unit members; and
“(iii)
foster open and transparent communication between Administration safety specialists, ODA holders, and unit members.”
SEC. 304.
Deadlines.
TRAINING OF ORGANIZATION DELEGATION AUTHORIZATION UNIT MEMBERS.
(a)
Unit Member Annual Ethics Training.—
Section 44736 of title 49, United States Code, is further amended by .
adding
at the end the following:“(g)
Ethics Training Requirement for ODA Holders.—
“(1)
In general.—
Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall review and ensure each ODA holder authorized by the Administrator under section 44702(d) has in effect a recurrent training program for all ODA unit members that covers—
“(A)
unit member professional obligations and responsibilities;
“(B)
the ODA holder’s code of ethics as required to be established under section 102(f) of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44701 note);
“(C)
procedures for reporting safety concerns, as described in the respective approved procedures manual for the delegation;
“(D)
the prohibition against and reporting procedures for interference from a supervisor or other ODA member described in section 44742; and
“(E)
any additional information the Administrator considers relevant to maintaining ethical and professional standards across all ODA holders and unit members.
“(2)
FAA review.—
“(A)
Review of training program.—
The Organization Designation Authorization Office of the Administration established under subsection (b) shall review each ODA holders’ recurrent training program to ensure such program includes—
“(i)
all elements described in paragraph (1); and
“(ii)
training to instill professionalism and clear understanding among ODA unit members about the purpose of and procedures associated with safety management systems, including the provisions of the third edition of the Safety Management Manual issued by the International Civil Aviation Organization (Doc 9859) (or any successor edition).
“(B)
Changes to program.—
Such Office may require changes to the training program considered necessary to 138 STAT. 1071
maintain ethical and professional standards across all ODA holders and unit members.
“(3)
Time period.
Training.—
As part of the recurrent training program required under paragraph (1), not later than 60 business days after being designated as an ODA unit member, and annually thereafter, each ODA unit member shall complete the ethics training required by the ODA holder of the respective ODA unit member in order to exercise the functions delegated under the ODA.
“(4)
Accountability.—
The Administrator shall establish such processes or requirements as are necessary to ensure compliance with paragraph (3).”
(b)
49 USC 44736 note.
Deadline.—
An ODA unit member authorized to perform delegated functions under an ODA prior to the date of completion of an ethics training required under section 44736(g) of title 49, United States Code, shall complete such training not later than 60 days after the training program is approved by the Administrator pursuant to such section.
SEC. 305.
CLARIFICATION ON SAFETY MANAGEMENT SYSTEM INFORMATION DISCLOSURE.
Section 44735 of title 49, United States Code,
is amended
—(1)
in subsection (a)—
(A)
in paragraph (1) by
striking
“; or” and inserting
a semicolon;(B)
in paragraph (2) by
striking
the period at the end and inserting
“; or”; and(C)
by ; and
adding
at the end the following:“(3)
if the report, data, or other information is submitted for any purpose relating to the development and implementation of a safety management system, including a system required by regulation.”
(2)
by .
adding
at the end the following:“(d)
Other Agencies.—
“(1)
Applicability.
In general.—
The limitation established under subsection (a) shall apply to the head of any other Federal agency who receives reports, data, or other information described in such subsection from the Administrator.
“(2)
Rule of construction.—
This section shall not be construed to limit the accident or incident investigation authority of the National Transportation Safety Board under chapter 11, including the requirement to not disclose voluntarily provided safety-related information under section 1114.”
SEC. 306.
REAUTHORIZATION OF CERTAIN PROVISIONS OF THE AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY ACT.
(a)
Oversight of Organization Designation Authorization Unit Members.—
Section 44741 of title 49, United States Code,
is amended
—(1)
in subsection (f)(2)—
(A)
in the matter preceding subparagraph (A) by
striking
“Not later than 90 days” and all that follows through “the Administrator shall provide a briefing” and inserting
“The Administrator shall provide biannual briefings each fiscal year through September 30, 2028”; and138 STAT. 1072(B)
in subparagraph (B) by
striking
“90-day period” and inserting
“6-month period”; and(2)
in subsection (j) by
striking
“2023” and inserting
“2028”.(b)
Integrated Project Teams.—
Section 108(f) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note)
is amended
by striking
“fiscal year 2023” and inserting
“fiscal year 2028”.(c)
Appeals of Certification Decisions.—
Section 44704(g)(1)(C)(ii) of title 49, United States Code,
is amended
by striking
“calendar year 2025” and inserting
“calendar year 2028”.(d)
Professional Development, Skills Enhancement, Continuing Education and Training.—
Section 44519(c) of title 49, United States Code,
is amended
by striking
“2023” and inserting
“2028”.(e)
Voluntary Safety Reporting Program.—
Section 113(f) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note)
is amended
by striking
“fiscal year 2023” and inserting
“fiscal year 2028”.(f)
Changed Product Rule.—
Section 117(b)(1) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note)
is amended
by striking
“fiscal year 2023” and inserting
“fiscal year 2028”.(g)
Domestic and International Pilot Training.—
Section 119(f)(3) of division V of the Consolidated Appropriations Act, 2021
is amended
by striking
“2023” and inserting
“2028”.(h)
Samya Rose Stumo National Air Grant Fellowship Program.—
Section 131(d) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 40101 note)
is amended
by striking
“2025” and inserting
“2028”.SEC. 307.
CONTINUED OVERSIGHT OF FAA COMPLIANCE PROGRAM.
Section 122 of the Aircraft Certification, Safety, and Accountability Act (Public Law 116–260)
134 Stat. 2344.
is amended
—(1)
in subsection (b) by ;
striking
paragraph (2) and inserting
the following:“(2)
Evaluation.
Time period.
Assessment.
conduct an annual agency-wide evaluation of the Compliance Program through fiscal year 2028 to assess the functioning and effectiveness of such program and to assess—“(A)
the need for long-term metrics that, to the maximum extent practicable, apply to all program offices, and use such metrics to assess the effectiveness of the program;
“(B)
if the program ensures the highest level of compliance with safety standards;
“(C)
if the program has met its stated safety goals and purpose; and
“(D)
FAA employee confidence in the program.”
(2)
in subsection (c)(4) by
striking
“2023” and inserting
“2028”; and(3)
in subsection (d) by
striking
“2023” and inserting
“2028”.SEC. 308.
49 USC 44701 note.
SCALABILITY OF SAFETY MANAGEMENT SYSTEMS.
In conducting any rulemaking to require, or implementing a regulation requiring, a safety management system, the Administrator shall consider the scalability of such safety management system requirements, to the full range of entities in terms of size or complexity that may be affected by such rulemaking or regulation, including—138 STAT. 1073
(1)
how an entity can demonstrate compliance using various documentation, tools, and methods, including, as appropriate, systems with multiple small operators collectively monitoring for and addressing risks;
(2)
Review.
a review of traditional safety management techniques and the suitability of such techniques for small entities;
(3)
the applicability of existing safety management system programs implemented by an entity;
(4)
the suitability of existing requirements under part 5 of title 14, Code of Federal Regulations, for small entities; and
(5)
other unique challenges relating to small entities the Administrator determines appropriate to consider.
SEC. 309.
Regulations.
49 USC 44701 note.
REVIEW OF SAFETY MANAGEMENT SYSTEM RULEMAKING.
(a)
Deadline.
In General.—
Not later than 60 days after the date of enactment of this Act, the Administrator shall review the final rule of the FAA titled “Safety Management Systems” and issued on April 26, 2024 (89 Fed. Reg. 33068).
(b)
Applicability.—
In reviewing the final rule under subsection (a), the Administrator shall ensure that the safety management system requirement under such final rule described in subsection (a) is applied to all certificate holders operating under the rules for commuter and on-demand operations under part 135 of title 14, Code of Federal Regulations, commercial air tour operators operating under section 91.147 of such title, production certificate holders that are holders or licensees of a type certificate for the same product, and holders of a type certificate who license out such certificate for production under part 21 of such title.
(c)
Guidance.
Policies.
Determination.—
If the Administrator determines the final rule does not apply the safety management system requirement in the manner described in subsection (b), the Administrator shall issue such regulation, guidance, or policy as may be necessary to ensure such safety management system requirement is applied in such manner.
SEC. 310.
INDEPENDENT STUDY ON FUTURE STATE OF TYPE CERTIFICATION PROCESSES.
(a)
Deadline.
Contract.
Review and Study.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with an appropriate federally funded research and development center, or other independent nonprofit organization that recommends solutions to aviation policy challenges through objective analysis, to conduct a review and study in accordance with the requirements and elements in this section.
(b)
Analyses.
Assessments.
Recommenda-
tions.
Elements.—
The entity carrying out the review and study pursuant to subsection (a) shall provide analyses, assessments, and recommendations that address the following elements:
(1)
A vision for a future state of type certification that reflects the highly complex, highly integrated nature of modern aircraft and improvements in aviation safety.
(2)
An assessment of digital tools, techniques, and software systems that allow for efficient and virtual evaluation of an applicant design, associated documentation, and software or systems engineering products, including in digital 3-dimensional formats or using model-based systems engineering design techniques.138 STAT. 1074
(3)
How the FAA could develop a risk-based model for type certification that improves the safety of aircraft.
(4)
What changes are needed to ensure that corrective actions for continued operational safety issues, including software modifications, can be approved and implemented in a timely manner while maintaining the integrity of the type certification process.
(5)
What efficiencies and safety process improvements are needed in the type certification processes of the FAA to facilitate the assessment and integration of innovative technologies and advance aviation safety, such as conducting product familiarization, developing certification requirements, and demonstrating flight test safety readiness.
(6)
Best practices and tools used by other certification authorities outside of the United States that could be adopted by the FAA, as well as the best practices and tools used by the FAA which can be shared with certification authorities outside of the United States.
(c)
Contracts.
Consultation.
Parties to Review.—
In conducting the review and study pursuant to subsection (a), the Administrator shall ensure that the entity entering into an agreement under this section shall, throughout the review and study, consult with—
(1)
the aircraft certification and flight standards offices or services of the Administration; and
(2)
at least 3 industry members representing aircraft and aircraft part manufacturing interests.
(d)
Considerations.—
In conducting the review and study pursuant to subsection (a), the Administrator shall ensure the entity considers the availability, cost, interoperability, scalability, adaptability, cybersecurity, ease of adoption, and potential safety benefits of the elements described in subsection (b), including any digital tools, techniques, and software systems recommended to address such elements.
(e)
Review.
Report.—
Not later than 18 months after the date of enactment of this Act, the entity conducting the review and study pursuant to subsection (a) shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes—
(1)
Recommenda-
tions.
the findings and recommendations of the entity; and
(2)
Assessment.
an assessment of whether digital tools, techniques, and software systems could improve the coordination, oversight, or safety of the certification and validation activities of the FAA.
(f)
Deadline.
Congressional Briefing.—
Not later than 270 days after the report required under subsection (e) is received by the Administrator, the Administrator shall brief the appropriate committees of Congress on—
(1)
any actions the FAA proposes to take as a result of such findings and recommendations; and
(2)
the rationale of the FAA for not taking action on any specific recommendation, as applicable.
SEC. 311.
49 USC 44704 note.
USE OF ADVANCED TOOLS AND HIGH-RISK FLIGHT TESTING IN CERTIFYING AEROSPACE PRODUCTS.
(a)
Deadline.
Assessment.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall complete an assessment of the use of advanced tools during the testing, analysis, 138 STAT. 1075
and verification stages of aerospace certification projects to reduce the risks associated with high-risk flight profiles and performing limit testing.
(b)
Considerations.—
In carrying out the assessment under subsection (a), the Administrator shall consider—
(1)
instances in which high-risk flight profiles and limit testing have occurred in the certification process and the applicability of the data produced by such testing for use in other aspects of flight testing;
(2)
the safety of pilots during such testing;
(3)
the value and accuracy of data collected using the advanced tools described in subsection (a);
(4)
the ability to produce more extensive data sets using such advanced tools;
(5)
any aspects of such testing for which the use of such advanced tools would not be valuable or applicable;
(6)
the cost of using such advanced tools; and
(7)
the best practices of other international civil aviation authorities that permit the use of advanced tools during aerospace certification projects.
(c)
Consultation.—
In carrying out the assessment under subsection (a), the Administrator shall consult with—
(1)
aircraft manufacturers, including manufacturers that have designed and certified aircraft under—
(A)
part 23 of title 14, Code of Federal Regulations;
(B)
part 25 of such title; or
(C)
part 27 of such title;
(2)
aircraft manufacturers that have designed and certified, or are in the process of certifying, aircraft with a novel design under part 21.17(b) of such title;
(3)
associations representing aircraft manufacturers;
(4)
researchers and academics in related fields; and
(5)
pilots who are experts in flight testing.
(d)
Briefing.
Congressional Report.—
Not later than 60 days after the completion of the assessment under subsection (a), the Administrator shall brief the appropriate committees of Congress on the results of the assessment conducted under subsection (a).
(e)
Required Updates.—
(1)
Deadline.
In general.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall take necessary actions based on the results of the assessment under subsection (a), including, as appropriate—
(A)
amending
part 21 of title 14, Code of Federal Regulations; and(B)
modifying any associated advisory circulars, guidance, or policy of the FAA.
(2)
Requirements.—
In taking actions under paragraph (1), the Administrator shall consider—
(A)
developing validation criteria and procedures whereby data produced in high-fidelity engineering laboratories and facilities may be allowed (in conjunction with, or in lieu of) data produced on a flying test article to support an applicant’s showing of compliance required under section 21.35(a)(1) of title 14, Code of Federal Regulations;138 STAT. 1076
(B)
developing criteria and procedures whereby an Organization Designation Authorization (as defined in section 44736(c)(5) of title 49, United States Code) may recommend that certain data produced during an applicant’s flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA; and
(C)
working with other international civil aviation authorities representing States of Design to—
(i)
identify their best practices relative to high risk-flight testing; and
(ii)
adopt such practices into the flight-testing requirements of the FAA to the maximum extent practicable.
SEC. 312.
Deadline.
Publication.
Notice.
Regulation.
49 USC 44704 note.
TRANSPORT AIRPLANE AND PROPULSION CERTIFICATION MODERNIZATION.
Not later than 2 years after the date of enactment of this Act, the Administrator shall publish a notice of proposed rulemaking for the item titled “Transport Airplane and Propulsion Certification Modernization”, published in Fall 2022 in the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL42).
SEC. 313.
FIRE PROTECTION STANDARDS.
(a)
Internal Regulatory Review Team.—
(1)
Deadline.
Establishment.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall establish an internal regulatory review team (in this section referred to as the “Team”).
(2)
Review.—
(A)
In general.—
The Team shall conduct a review comparing foreign and domestic airworthiness standards and guidance for aircraft engine firewalls.
(B)
Requirements.—
In conducting the review, the Team shall—
(i)
Certification.
Analysis.
identify any significant differences in standards or guidance with respect to test article selection and fire test boundaries and evaluation criteria for burn tests, including the use of certification by analysis for cases in which substantially similar designs have passed burn tests;(ii)
Assessment.
assess the safety implications for any products imported into the United States that do not comply with the firewall requirements of the FAA; and(iii)
Consultation.
consult with industry stakeholders to the maximum extent practicable.
(b)
Reports.
Duties of the Administrator.—
The Administrator shall—
(1)
Update.
not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the Significant Standards List of the FAA based on such findings, as appropriate; and
(2)
Determination.
not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings and any recommendations for such legislative or administrative action as the Administrator determines appropriate.138 STAT. 1077
SEC. 314.
Deadlines.
49 USC 44709 note.
RISK MODEL FOR PRODUCTION FACILITY INSPECTIONS.
(a)
In General.—
Not later than 12 months after the date of enactment of this Act, and periodically thereafter, the Administrator shall—
(1)
Review.
conduct a review of the risk-based model used by certification management offices of the FAA to inform the frequency of aircraft manufacturing or production facility inspections; and
(2)
Update.
update the model to ensure such model adequately accounts for risk at facilities during periods of increased production.
(b)
Briefings.—
Not later than 60 days after the date on which the review is completed under subsection (a), the Administrator shall brief the appropriate committees of Congress on—
(1)
the results of the review;
(2)
any changes made to the risk-based model described in subsection (a); and
(3)
how such changes would help improve the in-plant inspection process.
SEC. 315.
49 USC 40101 note.
REVIEW OF FAA USE OF AVIATION SAFETY DATA.
(a)
Deadline.
Evaluation.
In General.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall seek to enter into an appropriate arrangement with a qualified third-party organization or consortium to evaluate the collection, collation, analysis, and use of aviation data across the FAA.
(b)
Consultation.—
In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—
(1)
seek the input of experts in data analytics, including at least 1 expert in the commercial data services or analytics solutions sector;
(2)
consult with the National Transportation Safety Board and the Transportation Research Board; and
(3)
consult with appropriate federally funded research and development centers, to the extent that such centers are not already involved in the evaluation.
(c)
Substance of Evaluation.—
In completing the evaluation under subsection (a), the qualified third-party organization or consortium shall—
(1)
List.
compile a list of internal and external sources, databases, and streams of information the FAA receives or has access to that provide the FAA with operational or safety information and data about the national airspace system, its users, and other regulated entities of the FAA;
(2)
review data sets to determine completeness and accuracy of relevant information;
(3)
identify gaps in information that the FAA could fill through sharing agreements, partnerships, or other means that would add value during safety trend analysis;
(4)
Assessment.
Analysis.
assess the capabilities of the FAA, including analysis systems and workforce skillsets, to analyze relevant data and information to make informed decisions;
(5)
review data and information for proper storage, identification controls, and data privacy—
(A)
as required by law; and
(B)
consistent with best practices for data collection, storage, and use;138 STAT. 1078
(6)
review the format of such data and identify methods to improve the usefulness of such data;
(7)
Assessment.
assess internal and external access to data for—
(A)
appropriateness based on data type and level of detail;
(B)
proper data access protocols and precautions; and
(C)
maximizing availability of safety-related data that could support the improvement of safety management systems of and trend identification by regulated entities and the FAA;
(8)
Examination.
examine the collation and dissemination of data within offices and between offices of the FAA;
(9)
Recommenda-
tions.
review and recommend improvements to the data analysis techniques of the FAA; and
(10)
Recommenda-
tions.
recommend investments the Administrator should consider to better collect, manage, and analyze data sets, including within and between offices of the FAA.
(d)
Access to Information.—
The Administrator shall provide the qualified third-party organization or consortium and the experts described in subsection (b) with adequate access to safety and operational data collected by and held by the agency across all offices of the FAA, except if specific access is otherwise prohibited by law.
(e)
Contracts.
Nondisclosure.—
Prior to participating in the review, the Administrator shall ensure that each person participating in the evaluation under this section enters into an agreement with the Administrator in which the person shall be prohibited from disclosing at any time, except as required by law, to any person, foreign or domestic, any non-public information made accessible to the federally funded research and development center under this section.
(f)
Recommenda-
tions.
Report.—
The qualified third-party organization or consortium carrying out the evaluation under this section shall provide a report of the findings of the center to the Administrator and include recommendations to improve the FAA’s collection, collation, analysis, and use of aviation data, including recommendations to—
(1)
improve data access across offices within the FAA, as necessary, to support efficient execution of safety analysis and programs across such offices;
(2)
improve data storage best practices;
(3)
develop or refine methods for collating data from multiple FAA and industry sources; and
(4)
procure or use available analytics tools to draw conclusions and identify previously unrecognized trends or miscategorized risks in the aviation system, particularly when identification of such information requires the analysis of multiple sets of data from multiple sources.
(g)
Deadline.
Implementation plan.
Implementation of Recommendations.—
Not later than 6 months after the receipt of the report under subsection (f), the Administrator shall review, develop an implementation plan, and, if appropriate, begin the implementation of the recommendations received in such report.
(h)
Time period.
Effective date.
Review of Implementation.—
The qualified third-party organization or consortium that conducted the initial evaluation, and any experts who contributed to such evaluation pursuant to subsection (b)(1), shall provide regular feedback and advice to the 138 STAT. 1079
Administrator on the implementation plan developed under subsection (g) and any implementation activities for at least 2 years beginning on the date of the receipt of the report under subsection (f).
(i)
Report to Congress.—
The Administrator shall submit to the appropriate committees of Congress the report described in subsection (f) and the implementation plan described in subsection (g).
(j)
Existing Reporting Systems.—
Consistent with section 132 of the Aircraft Certification, Safety, and Accountability Act (Public Law 116–260), the Executive Director of the Transportation Research Board, in consultation with the Secretary and the Administrator, may further harmonize data and sources following the implementation of recommendations under subsection (g).
(k)
Rule of Construction.—
Nothing in this section shall be construed to permit the public disclosure of information submitted under a voluntary safety reporting program or that is otherwise protected under section 44735 of title 49, United States Code.
SEC. 316.
WEATHER REPORTING SYSTEMS STUDY.
(a)
In General.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study to examine how to improve the procurement, functionality, and sustainability of weather reporting systems, including—
(1)
automated weather observing systems;
(2)
automated surface observing systems;
(3)
visual weather observing systems; and
(4)
non-Federal weather reporting systems.
(b)
Contents.—
In conducting the study required under section (a), the Comptroller General shall address—
(1)
the current state of the supply chain related to weather reporting systems and the components of such systems;
(2)
the average age of weather reporting systems infrastructure installed in the national airspace system;
(3)
challenges to maintaining and
replacing
weather reporting systems, including—(A)
root causes of weather reporting system outages, including failures of such systems, and supporting systems such as telecommunications infrastructure; and
(B)
the degree to which such outages affect weather reporting in the national airspace system;
(4)
mitigation measures to maintain aviation safety during such an outage; and
(5)
alternative means of obtaining weather elements at airports, including wind direction, wind speed, barometric pressure setting, and cloud coverage, including visibility.
(c)
Consultation.—
In conducting the study required under subsection (a), the Comptroller General shall consult with the appropriate stakeholders and Federal agencies involved in installing, managing, and supporting weather reporting systems in the national airspace system.
(d)
Report.—
(1)
In general.—
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress and the Committee 138 STAT. 1080
on Science, Space, and Technology of the House of Representatives a report describing the results of the study conducted under subsection (a).
(2)
Recommendations.—
The Comptroller General shall include in the report submitted under paragraph (1) recommendations for—
(A)
ways to improve the resiliency and redundancy of weather reporting systems;
(B)
alternative means of compliance for obtaining weather elements at airports; and
(C)
if necessary, changes to Orders of the Administration, including the following:
(i)
Surface Weather Observing, Joint Order 7900.5.
(ii)
Notices to Air Missions, Joint Order 7930.2.
SEC. 317.
GAO STUDY ON EXPANSION OF THE FAA WEATHER CAMERA PROGRAM.
(a)
Study.—
The Comptroller General shall conduct a study on the feasibility and benefits and costs of expanding the Weather Camera Program of the FAA to locations in the United States that lack weather camera services.
(b)
Review.
Considerations.—
In conducting the study required under subsection (a), the Comptroller General shall review—
(1)
the potential effects of the existing Weather Camera Program on weather-related aviation accidents and flight interruptions;
(2)
the potential benefits and costs associated with expanding the Weather Camera Program;
(3)
limitations on the real-time access of weather camera information by pilots and aircraft operators;
(4)
non-safety related regulatory structures or barriers to the allowable use of weather camera information for the purposes of aircraft operations;
(5)
limitations of existing weather camera systems at the time of the study;
(6)
alternative sources of viable weather data;
(7)
funding mechanisms for weather camera installation and operations; and
(8)
other considerations the Comptroller General determines appropriate.
(c)
Report to Congress.—
Not later than 28 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study required under subsection (a).
SEC. 318.
AUDIT ON AVIATION SAFETY IN ERA OF WIRELESS CONNECTIVITY.
(a)
Deadline.
In General.—
Not later than 180 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate an audit of the FAA’s internal processes and procedures to communicate the position of civil aviation operators and the safety of the national airspace system to the National Telecommunications and Information Administration regarding proposed spectrum reallocations or auction decisions.
(b)
Assessment.—
In conducting the audit described in subsection (a), the inspector general shall assess best practices and policy recommendations for the FAA to—138 STAT. 1081
(1)
improve internal processes by which proposed spectrum reallocations or auctions are thoroughly reviewed in advance to ensure that any comments or technical concerns regarding aviation safety from civil aviation stakeholders are communicated to the National Telecommunications and Information Administration that are to be submitted to the Federal Communications Commission;
(2)
develop internal processes and procedures to assess the effects a proposed spectrum reallocation or auction may have on the national airspace system in a timely manner to ensure safety of the national airspace system;
(3)
improve external communication processes to better inform civil aviation stakeholders, including owners and operators of civil aircraft, on any comments or technical concerns of the FAA relating to a proposed spectrum reallocation or auction that may impact the national airspace system; and
(4)
better communicate to the National Telecommunications and Information Administration when a proposed spectrum reallocation or auction may pose a potential risk to aviation safety.
(c)
Consultation.
Stakeholder Views.—
In conducting the audit pursuant to subsection (a), the inspector general shall consult with relevant stakeholders, including—
(1)
air carriers operating under part 121 of title 14, Code of Federal Regulations;
(2)
manufacturers of aircraft and aircraft components;
(3)
wireless communication carriers;
(4)
labor unions representing pilots;
(5)
air traffic system safety specialists;
(6)
other representatives of the communications industry;
(7)
aviation safety experts;
(8)
the National Telecommunications and Information Administration; and
(9)
the Federal Communications Commission.
(d)
Recommenda-
tions.
Report.—
Not later than 2 years after the date on which the audit is conducted pursuant to subsection (a), the inspector general shall complete and submit a report on findings and recommendations to—
(1)
the Administrator;
(2)
the appropriate committees of Congress; and
(3)
the Committee on Energy and Commerce of the House of Representatives.
SEC. 319.
Deadlines.
SAFETY DATA ANALYSIS FOR AIRCRAFT WITHOUT TRANSPONDERS.
(a)
In General.—
Not later than 18 months after the date of enactment of this Act, the Administrator, in coordination with the Chairman of the National Transportation Safety Board, shall collect and analyze data relating to accidents and incidents involving covered exempt aircraft that occurred within 30 nautical miles of an airport.
(b)
Requirements.—
The analysis required under subsection (a) shall include, with respect to covered exempt aircraft, a review of—
(1)
incident and accident data since 2006 involving—
(A)
midair events, including collisions;
(B)
ground proximity warning system alerts;138 STAT. 1082
(C)
traffic collision avoidance system alerts; or
(D)
a loss of separation or near miss; and
(2)
the causes of the incidents and accidents described in paragraphs (1).
(c)
Briefing to Congress.—
Not later than 30 months after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the results of the analysis required under subsection (a) and, if applicable, recommendations on how to reduce the number of incidents and accidents associated with such covered exempt aircraft.
(d)
Covered Exempt Aircraft Defined.—
In this section, the term “
covered exempt aircraft
” means aircraft, balloons, and gliders exempt from air traffic control transponder and altitude reporting equipment and use requirements under part 91.215(b)(3) of title 14, Code of Federal Regulations.SEC. 320.
49 USC 44737 note.
CRASH-RESISTANT FUEL SYSTEMS IN ROTORCRAFT.
(a)
Reviews.
In General.—
The Administrator shall task the Aviation Rulemaking Advisory Committee to—
(1)
review the data analysis conducted and the recommendations developed by the Aviation Rulemaking Advisory Committee Rotorcraft Occupant Protection Working Group of the Administration;
(2)
Update.
update the 2018 report of such working group on rotorcraft occupant protection by—
(A)
Data.
Time period.
reviewing National Transportation Safety Board data from 2016 through 2023 on post-crash fires in helicopter accidents; and
(B)
Determination.
determining whether and to what extent crash-resistant fuel systems could have prevented fatalities in the accidents covered by the data reviewed under subparagraph (A); and
(3)
Recommenda-
tions.
develop recommendations for either the Administrator or the helicopter industry to encourage helicopter owners and operators to expedite the installation of crash-resistant fuel systems in the aircraft of such owners and operators regardless of original certification and manufacture date.
(b)
Deadlines.
Schedule.—
(1)
Deadline.—
Not later than 18 months after the Administrator tasks the Aviation Rulemaking Advisory Committee under subsection (a), the Committee shall submit the recommendations developed under subsection (a)(2) to the Administrator.
(2)
Implementation.—
If applicable, and not later than 180 days after receiving the recommendations under paragraph (1), the Administrator shall—
(A)
Briefing.
begin implementing, as appropriate, any safety recommendations the Administrator receives from the Aviation Rulemaking Advisory Committee, and brief the appropriate committees of Congress on any recommendations the Administrator does not implement; and
(B)
partner with the United States Helicopter Safety Team, as appropriate, to facilitate implementation of any recommendations for the helicopter industry pursuant to subsection (a)(2).138 STAT. 1083
SEC. 321.
Deadlines.
49 USC 44505 note.
REDUCING TURBULENCE-RELATED INJURIES ON PART 121 AIRCRAFT OPERATIONS.
(a)
Review.
Briefing.
In General.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall review the recommendations made by the Chair of the National Transportation Safety Board to the Administrator contained in the safety research report titled “Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121”, issued on August 10, 2021 (NTSB/SS–21/01) and provide a briefing to the appropriate committees of Congress with any planned actions in response to the recommendations of the report.
(b)
Implementation.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall implement, as appropriate, the recommendations in the safety research report described in subsection (a).
(c)
Report.—
(1)
In general.—
Not later than 2 years after completing the review under subsection (a), and every 2 years thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the implementation status of the recommendations in the safety research report described in subsection (a) until the earlier of—
(A)
the date on which such recommendations have been adopted or adjudicated as described in paragraph (2); or
(B)
the date that is 10 years after the date of enactment of this Act.
(2)
Contents.—
If the Administrator decides not to implement a recommendation in the safety research report described in subsection (a), the Administrator shall provide, as a part of the report required under paragraph (1), a description of why the Administrator did not implement such recommendation.
SEC. 322.
Deadlines.
STUDY ON RADIATION EXPOSURE.
(a)
Study.—
Contracts.
Not later than 120 days after the date of enactment of this Act, the Secretary shall seek to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine under which the National Research Council of the National Academies shall conduct a study on radiation exposure to crewmembers onboard various aircraft types operated under part 121 of title 14, Code of Federal Regulations.(b)
Scope of Study.—
Assessment.
In conducting the study under subsection (a), the National Research Council shall assess—(1)
radiation concentrations in such aircraft at takeoff, in-flight at high altitudes, and upon landing;
(2)
the health risks and impact of radiation exposure to crewmembers onboard aircraft operating at high altitudes; and
(3)
mitigation measures to prevent and reduce the health and safety impacts of radiation exposure to crewmembers.
(c)
Report to Congress.—
Not later than 16 months after the initiation of the study required under subsection (a), the Secretary shall submit to the appropriate committees of Congress the study conducted by the National Research Council pursuant to this section.138 STAT. 1084
SEC. 323.
Deadlines.
STUDY ON IMPACTS OF TEMPERATURE IN AIRCRAFT CABINS.
(a)
Study.—
(1)
In general.—
Not later than 2 years after the date of enactment of this Act, the Secretary shall seek to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a 1-year study on the health and safety impacts of unsafe cabin temperature with respect to passengers and crewmembers during each season in which the study is conducted.
(2)
Considerations.—
Review.
Evaluation.
In conducting the study required under paragraph (1), the National Academies shall review existing standards produced by recognized industry organizations on safe air temperatures and humidity levels in enclosed environments, including onboard aircraft, and evaluate the validity of such standards as it relates to aircraft cabin temperatures.(3)
Consultation.—
In conducting the study required under paragraph (1), the National Academies shall consult with the Civil Aerospace Medical Institute of the FAA, air carriers operating under part 121 of title 14, Code of Federal Regulations, relevant Federal agencies, and any applicable aviation labor organizations.
(b)
Recommenda-
tions.
Reports.—
(1)
Report to secretary.—
Not later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Secretary a report on the results of such study, including any recommendations determined appropriate by the National Academies.
(2)
Report to congress.—
Not later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study required under subsection (a), including any recommendations for further action determined appropriate by the Secretary.
(c)
Covered Aircraft Defined.—
In this section, the term “
covered aircraft
” means an aircraft operated under part 121 of title 14, Code of Federal Regulations.SEC. 324.
LITHIUM–ION POWERED WHEELCHAIRS.
(a)
In General.—
Deadline.
Reviews.
Recommenda-
tions.
Not later than 2 years after the date of enactment of this Act, the Secretary shall task the Air Carrier Access Act Advisory Committee (in this section referred to as the “Committee”) to conduct a review of regulations related to lithium–ion battery powered wheelchairs and mobility aids on commercial aircraft and provide recommendations to the Secretary to ensure safe transport of such wheelchairs and mobility aids in air transportation.(b)
Considerations.—
In conducting the review required under subsection (a), the Committee shall consider the following:
(1)
Any existing or necessary standards for lithium–ion batteries, including casings or other similar components, in such wheelchairs and mobility aids.
(2)
The availability of necessary containment or storage devices, including fire containment covers or fire-resistant storage containers, for such wheelchairs and mobility aids.138 STAT. 1085
(3)
The policies of each air carrier (as such term is defined in part 121 of title 14, Code of Federal Regulations) pertaining to lithium–ion battery powered wheelchairs and mobility aids (as in effect on the date of enactment of this Act).
(4)
Any other considerations the Secretary determines appropriate.
(c)
Consultation Requirement.—
In conducting the review required under subsection (a), the Committee shall consult with the Administrator of the Pipeline and Hazardous Materials Safety Administration.
(d)
Notification.—
(1)
In general.—
Upon completion of the review conducted under subsection (a), the Committee shall notify the Secretary if an air carrier does not have a policy pertaining to lithium–ion battery powered wheelchairs and mobility aids in effect.
(2)
Notification.—
The Secretary shall notify an air carrier described in paragraph (1) of the status of such air carrier.
(e)
Report to Congress.—
Not later than 90 days after submission of the recommendations to the Secretary, the Secretary shall submit to the appropriate committees of Congress any recommendations under subsection (a), in the form of a report.
(f)
Public information.
Web posting.
Publication.—
The Secretary shall publish the report required under subsection (e) on the public website of the Department of Transportation.
SEC. 325.
49 USC 44701 note.
NATIONAL SIMULATOR PROGRAM POLICIES AND GUIDANCE.
(a)
Review.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall review relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations.
(b)
Updates.—
Upon completion of the review required under subsection (a), the Administrator shall, at a minimum, update relevant policies and guidance, including all advisory circulars, information bulletins, and directives, pertaining to part 60 of title 14, Code of Federal Regulations.
(c)
Consultation.—
In carrying out the review required under subsection (a), the Administrator shall convene and consult with entities required to comply with part 60 of title 14, Code of Federal Regulations, including representatives of—
(1)
air carriers;
(2)
flight schools certificated under part 141 of title 14, Code of Federal Regulations;
(3)
training centers certificated under part 142 of title 14, Code of Federal Regulations; and
(4)
manufacturers and suppliers of flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and Appendix F to part 60 of such title).
(d)
GAO Study on FAA National Simulator Program.—
(1)
Deadline.
In general.—
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall conduct a study on the National Simulator Program of the FAA that is part of the Training and Simulation Group of the Air Transportation Division.
(2)
Assessment.
Considerations.—
In conducting the study required under paragraph (1), the Comptroller General shall, at a minimum, assess—
138 STAT. 1086
(A)
how the program described in paragraph (1) is maintained to reflect and account for advancement in technologies pertaining to flight simulation training devices (as defined in part 1 of title 14, Code of Federal Regulations, and appendix F to part 60 of such title);
(B)
the staffing levels, critical competencies, and skills gaps of FAA personnel responsible for carrying out and supporting the program described in paragraph (1); and
(C)
how the program described in paragraph (1) engages air carriers and relevant industry stakeholders, including flight schools, to ensure efficient compliance with part 60 of title 14, Code of Federal Regulations.
(3)
Report.—
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the findings of the study conducted under paragraph (1).
SEC. 326.
Deadline.
BRIEFING ON AGRICULTURAL APPLICATION APPROVAL TIMING.
Not later than 240 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the amount of time the application approval process takes for agricultural aircraft operations under part 137 of title 14, Code of Federal Regulations.
SEC. 327.
SENSE OF CONGRESS REGARDING SAFETY AND SECURITY OF AVIATION INFRASTRUCTURE.
It is the sense of Congress that aviation provides essential services critical to the United States economy and that it is important to ensure the safety and security of aviation infrastructure and protect such infrastructure from unlawful breaches with appropriate legal safeguards.
SEC. 328.
49 USC 40101 note.
RESTRICTED CATEGORY AIRCRAFT MAINTENANCE AND OPERATIONS.
Notwithstanding any other provision of law, the Administrator shall have sole regulatory and oversight jurisdiction over the maintenance and operations of aircraft owned by civilian operators and type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations.
SEC. 329.
Deadlines.
49 USC 44701 note.
AIRCRAFT INTERCHANGE AGREEMENT LIMITATIONS.
(a)
Study.—
Not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a study of foreign interchange agreements.
(b)
Contents.—
In carrying out the study required under subsection (a), the Administrator shall address the following:
(1)
Methods for updating regulations under part 121.569 of title 14, Code of Federal Regulations, for foreign interchange agreements.
(2)
Time limits for foreign aircraft interchange agreements.
(3)
Minimum breaks between foreign aircraft interchange agreements.
(4)
Limits for no more than 1 foreign aircraft interchange agreement between 2 airlines.
(5)
Limits for no more than 2 foreign aircraft on the interchange agreement.138 STAT. 1087
(c)
Briefing.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the results of the study required under subsection (a).
(d)
Rulemaking.—
Based on the results of the study required under subsection (a), the Administrator may, if appropriate, update the relevant sections of part 121 of title 14, Code of Federal Regulations.
SEC. 330.
TASK FORCE ON HUMAN FACTORS IN AVIATION SAFETY.
(a)
Deadline.
In General.—
Not later than 6 months after the date of enactment of this Act, and notwithstanding section 127 of the Aircraft Certification Safety and Accountability Act (49 U.S.C. 44513 note), the Administrator shall convene a task force on human factors in aviation safety (in this section referred to as the “Task Force”).
(b)
Composition.—
(1)
Appointments.
Members.—
The Administrator shall appoint members of the Task Force—
(A)
that have expertise in an operational or academic discipline that is relevant to the analysis of human errors in aviation, which may include air carrier operations, line pilot expertise, air traffic control, technical operations, aeronautical information, aircraft maintenance and mechanics psychology, linguistics, human-machine integration, general aviation operations, and organizational behavior and culture;
(B)
that sufficiently represent all relevant operational or academic disciplines described in subparagraph (A);
(C)
with expertise on human factors but whose experience and training are not in aviation and who have not previously been engaged in work related to the FAA or the aviation industry;
(D)
that are representatives of pilot labor organizations and certificated mechanic labor organizations;
(E)
that are employees of the FAA that have expertise in safety; and
(F)
that are employees of other Federal agencies with expertise on human factors.
(2)
Number of members.—
In appointing members under paragraph (1), the Administrator shall ensure that—
(A)
at least half of the members appointed have expertise in aviation;
(B)
at least one member appointed represents an exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code; and
(C)
3 members are employees of the FAA and 1 member is an employee of the National Transportation Safety Board.
(3)
Voting.—
The members described in paragraph (2)(C) shall be non-voting members of the Task Force.
(c)
Duration.—
(1)
In general.—
Members of the Task Force shall be appointed for the duration of the Task Force.
(2)
Length of existence.—
138 STAT. 1088(A)
In general.—
The Task Force shall have an initial duration of 2 years.
(B)
Option.—
Extension.
The Administrator may extend the duration of the Task Force for an additional period of up to 2 years.(d)
Duties.—
In coordination with the Research, Engineering, and Development Advisory Committee, the Task Force shall—
(1)
Reports.
not later than the date on which the duration of the Task Force expires under subsection (c), produce a written report in which the Task Force—
(A)
to the greatest extent possible, identifies the most significant human factors and the relative contribution of such factors to aviation safety risk;
(B)
identifies new research priorities for research in human factors in aviation safety;
(C)
reviews existing products by other working groups related to human factors in aviation safety including the work of the Commercial Aviation Safety Team pertaining to flight crew responses to abnormal events;
(D)
provides recommendations on potential revisions to any FAA regulations and guidance pertaining to the certification of aircraft under part 25 of title 14, Code of Federal Regulations, including sections related to presumed pilot response times and assumptions about the reliability of pilot performance during unexpected, stressful events;
(E)
reviews rules, regulations, or standards regarding flight crew and maintenance personnel rest and fatigue that are used by a sample of international air carriers, including rules, regulations, or standards determined to be more stringent and less stringent than the current standards pertaining to air carriers (as such term is defined in section 40102 of title 49, United States Code), and identifies risks to the national airspace system from any variation in such rules, regulations, or standards across countries;
(F)
reviews pilot training requirements and recommends any revisions necessary to ensure adequate understanding of automated systems on aircraft;
(G)
reviews approach and landing misalignment and makes any recommendations for reducing misalignment events;
(H)
identifies ways to enhance instrument landing system maintenance schedules;
(I)
determines how a real-time smart system should be developed to inform the air traffic control system, air carriers, and airports about any changes in the state of runway and taxiway lights and identifies how such real-time smart system could be connected to the maintenance system of the FAA;
(J)
analyzes, with respect to human errors related to aviation safety of air carriers operating under part 121 of title 14, Code of Federal Regulations—
(i)
fatigue and distraction during critical phases of work among pilots or other aviation personnel;
(ii)
tasks and workload;
(iii)
organizational culture;
(iv)
communication among personnel;138 STAT. 1089
(v)
adherence to safety procedures;
(vi)
mental state of personnel; and
(vii)
any other relevant factors that are the cause or potential cause of human error related to aviation safety;
(K)
includes a tabulation of the number of accidents, incidents, or aviation safety database entries received in which an item identified under subparagraph (J) was a cause or potential cause of human error related to aviation safety; and
(L)
includes a list of causes or potential causes of human error related to aviation safety about which the Administrator believes additional information is needed; and
(2)
Reports.
if the Administrator extends the duration of the Task Force pursuant to subsection (c)(2)(B), not later than the date that is 2 years after the date on which the Task Force is established, produce an interim report containing the information described in paragraph (1).
(e)
Methodology.—
Consultation.
Data.
Analysis.
In carrying out the duties under subparagraphs (J) through (L) of subsection (d)(1), the Task Force shall consult with the National Transportation Safety Board and use all available data compiled and analysis conducted on safety incidents and irregularities collected during the relevant fiscal year from the following:(1)
Flight Operations Quality Assurance.
(2)
Aviation Safety Action Program.
(3)
Aviation Safety Information Analysis and Sharing.
(4)
The Aviation Safety Reporting System.
(5)
Aviation safety recommendations and investigation findings of the National Transportation Safety Board.
(6)
Other relevant programs or sources.
(f)
Consistency.—
Nothing in this section shall be construed to require changes to, or duplication of, work as required by section 127 of the Aircraft Certification Safety and Accountability Act (49 U.S.C. 44513 note).
SEC. 331.
Deadline.
49 USC 40103 note.
UPDATE OF FAA STANDARDS TO ALLOW DISTRIBUTION AND USE OF CERTAIN RESTRICTED ROUTES AND TERMINAL PROCEDURES.
(a)
In General.—
Not later than 9 months after the date of enactment of this Act, the Administrator shall update FAA standards to allow for the distribution and use of the Capstone Restricted Routes and Terminal Procedures by Wide Area Augmentation System-capable navigation equipment.
(b)
Contents.—
In updating standards under subsection (a), the Administrator shall ensure that such standards provide a means for allowing modifications and continued development of new routes and procedures proposed by air carriers operating such routes.
SEC. 332.
49 USC 44720 note.
ASOS/AWOS SERVICE REPORT DASHBOARD.
(a)
In General.—
The applicable Administrators shall work in collaboration to collect the real-time service status of all automated surface observation systems/automated weather observing systems (in this section referred to as “ASOS/AWOS”).
(b)
Availability of Results.—
138 STAT. 1090(1)
Public information.
Web posting.
In general.—
In carrying out this section, the applicable Administrators shall make available on a publicly available website the following:
(A)
The service status of all ASOS/AWOS.
(B)
Timeline.
Information on any actions to repair or replace ASOS/AWOS that are out of service due to technical or weather-related events, including an estimated timeline to return the systems to service.(C)
A portal on such publicly available website for the public to report ASOS/AWOS outages.
(2)
Data files.—
The applicable Administrators shall make available the underlying data required under paragraph (1) for each ASOS/AWOS in a machine-readable format.
(c)
Definition.
Applicable Administrators.—
In this section, the term “
applicable Administrators
” means—(1)
the Administrator of the FAA; and
(2)
the Administrator of the National Oceanic and Atmospheric Administration.
SEC. 333.
Deadlines.
HELICOPTER SAFETY.
(a)
Review.
Assessment.
Requirements.
Data.
In General.—
Not later than 270 days after the date of enactment of this Act, the Administrator shall task the Investigative Technologies Aviation Rulemaking Advisory Committee (in this section referred to as the “Committee”) with reviewing and assessing the need for changes to the safety requirements related to flight data recorders, flight data monitoring, and terrain awareness and warning systems for turbine-powered rotorcraft certificated for 6 or more passenger seats.
(b)
Considerations.—
In reviewing and assessing the safety requirements under subsection (a), the Committee shall consider—
(1)
any applicable safety recommendations of the National Transportation Safety Board; and
(2)
the operational requirements and safety considerations for operations under parts 121 and 135 of title 14, Code of Federal Regulations.
(c)
Report and Recommendations.—
Not later than 1 year after initiating the review and assessment under this section, the Committee shall submit to the Administrator—
(1)
a report on the findings of the review and assessment under subsection (a); and
(2)
any recommendations for legislative or regulatory action to improve safety that the Committee determines appropriate.
(d)
Briefing.—
Not later than 30 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress on—
(1)
the findings and recommendations included in such report; and
(2)
any plan to implement such recommendations.
SEC. 334.
Deadlines.
REVIEW AND INCORPORATION OF HUMAN READINESS LEVELS INTO AGENCY GUIDANCE MATERIAL.
(a)
Findings.—
Congress finds that—
(1)
proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error;138 STAT. 1091
(2)
the evaluation of a new aviation technology or system with respect to human use throughout its design and development may reduce human error when such technologies and systems are used in operational conditions; and
(3)
the technical standard of the Human Factors and Ergonomics Society titled “Human Readiness Level Scale in the System Development Process” (ANSI/HFES 400–2021) defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes.
(b)
Review.—
Determination.
Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a process to review the technical standard described in subsection (a)(3) and determine whether any materials from such standard should be incorporated or referenced in agency procedures and guidance material in order to enhance safety in relation to human factors.(c)
Consultation.—
In carrying out subsection (b), the Administrator may consult with subject matter experts from the Human Factors and Ergonomics Society affiliated with such technical standard or other relevant stakeholders.
(d)
Briefing.—
Not later than 270 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the progress of the review required under subsection (b).
SEC. 335.
SERVICE DIFFICULTY REPORTS.
(a)
Congressional Briefing.—
Not later than 18 months after the date of enactment of this Act, and annually thereafter through 2027, the Administrator shall brief the appropriate committees of Congress on compliance with requirements relating to service difficulty reports during the preceding year.
(b)
Scope.—
The Administrator shall include in the briefing required under subsection (a) information relating to—
(1)
operators required to comply with section 121.703 of title 14, Code of Federal Regulations;
(2)
approval or certificate holders required to comply with section 183.63 of title 14, Code of Federal Regulations; and
(3)
FAA offices that investigate service difficulty reports, as documented in the following FAA Orders (and any subsequent revisions of such orders):
(A)
FAA Order 8900.1A, titled “Flight Standards Information Management System” and issued on October 27, 2022.
(B)
FAA Order 8120.23A, titled “Certificate Management of Production Approval Holders” and issued on March 6, 2017.
(C)
FAA Order 8110.107B, titled “Monitor Safety/Analyze Data” and issued on October 13, 2023.
(c)
Requirements.—
The Administrator shall include in the briefing required under subsection (a) the following information with respect to the year preceding the year in which the briefing is provided:
(1)
An identification of categories of service difficulties reported.
(2)
An identification of service difficulties for which repeated reports are made.138 STAT. 1092
(3)
A general description of the causes of all service difficulty reports, as determined by the Administrator.
(4)
A description of actions taken by, or required by, the Administrator to address identified causes of service difficulties.
(5)
A description of violations of title 14, Code of Federal Regulations, related to service difficulty reports and any actions taken by the Administrator in response to such violations.
SEC. 336.
CONSISTENT AND TIMELY PILOT CHECKS FOR AIR CARRIERS.
(a)
Establishment of Working Group.—
Deadline.
Review.
Evaluation.
Regulations.
Policies.
Not later than 180 days after the date of enactment of this Act, unless the requirements of this section are assigned to working groups under subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing and evaluating all regulations and policies related to check airmen and authorized check airmen for air carrier operations conducted under part 135 of title 14, Code of Federal Regulations.(b)
Membership.—
(1)
In general.—
The working group established under this section shall include, at a minimum—
(A)
employees of the FAA who serve as check airmen;
(B)
representatives of air carriers operating under part 135 of title 14, Code of Federal Regulations; and
(C)
industry associations representing such air carriers.
(2)
Existing working group.—
The Administrator may assign the duties described in subsection (c) to an existing FAA working group if—
(A)
such working group includes representatives from the list of required members under paragraph (1); or
(B)
the membership of such existing working group can be modified to include representatives from the list of required members under paragraph (1).
(c)
Duties.—
A working group shall review, evaluate, and make recommendations on the following:
(1)
Methods by which authorized check airmen for air carriers operating under part 135 of title 14, Code of Federal Regulations, are selected, trained, and approved by the Administrator.
(2)
Staffing and utilization rates of authorized check airmen by such air carriers.
(3)
Applicability.
Differences in qualification standards applied to—(A)
employees of the FAA who serve as check airmen; and
(B)
authorized check airmen of such air carriers.
(4)
Methods to harmonize the qualification standards between authorized check airmen and employees of the FAA who serve as check airmen.
(5)
Methods to improve the training and qualification of authorized check airmen.
(6)
Prior recommendations made by FAA advisory committees or working groups regarding check airmen functions.
(7)
Petitions for rulemaking submitted to the FAA regarding check airmen functions.
(d)
Briefing to Congress.—
Deadline.
Not later than 1 year after the date on which the Administrator tasks a working group with the duties described in subsection (c), the Administrator shall brief 138 STAT. 1093 the appropriate committees of Congress on the progress and recommendations of the working group and the efforts of the Administrator to implement such recommendations.(e)
Authorized Check Airman Defined.—
In this section, the term “
authorized check airman
” means an individual employed by an air carrier that meets the qualifications and training requirements of sections 135.337 and 135.339 of title 14, Code of Federal Regulations, and is approved to evaluate and certify the knowledge and skills of pilots employed by such air carrier.SEC. 337.
FLIGHT SERVICE STATIONS.
Section 44514 of title 49, United States Code, and the item relating to such section in the analysis for chapter 445 of such title
49 USC
prec. 44501.
arerepealed
.SEC. 338.
Determinations.
Data.
49 USC 44701 note.
TARMAC OPERATIONS MONITORING STUDY.
(a)
In General.—
The Director of the Bureau of Transportation Statistics, in consultation with relevant offices within the Office of the Secretary and the FAA (as determined by the Secretary), shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports.
(b)
Objectives.—
The objectives of the study conducted under subsection (a) shall include the following:
(1)
Determining the current state of ground source data coverage at airports.
(2)
Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies.
(3)
Conducting data collection through a pilot program established under subsection (c) and collecting ground-based tarmac delay statistics.
(4)
Evaluation.
Analysis.
Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.
(c)
Pilot Program.—
(1)
Deadline.
In general.—
Not later than 180 days after the date of enactment of this Act, the Director shall establish a pilot program to collect data and develop ground-based tarmac delay statistics or other relevant statistics with respect to airports.
(2)
Requirements.—
The pilot program established under paragraph (1) shall—
(A)
include up to 6 airports that the Director determines reflect a diversity of factors, including geography, size, and air traffic;
(B)
Termination date.
terminate not more than 3 years after the date of enactment of this Act; and
(C)
Guidelines.
be subject to any guidelines issued by the Director.(d)
Public information.
Web posting.
Report.—
Not later than 4 years after the date of enactment of this Act, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.
SEC. 339.
IMPROVED SAFETY IN RURAL AREAS.
(a)
49 USC 44720 note.
In General.—
Section 322 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) .
is amended
to read as follows:138 STAT. 1094
“SEC. 322.
IMPROVED SAFETY IN RURAL AREAS.
“(a)
In General.—
The Administrator shall permit an air carrier operating pursuant to part 135 of title 14, Code of Federal Regulations—
“(1)
to operate under instrument flight rules (in this section referred to as ‘IFR’) to a destination in a noncontiguous State that has a published instrument approach but does not have a Meteorological Aerodrome Report (in this section referred to as ‘METAR’); and
“(2)
to conduct an instrument approach at such destination if—
“(A)
a current Area Forecast, supplemented by noncertified destination weather observations (such as weather cameras and other noncertified observations), is available, and, at the time of departure, the combination of the Area Forecast and noncertified observation indicates that weather is expected to be at or above approach minimums upon arrival;
“(B)
prior to commencing an approach, the air carrier has a means to communicate to the pilot of the aircraft whether the destination weather observation is either at or above minimums for the approach to be flown; and
“(C)
in the event the destination weather observation is below such minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan.
“(b)
Application Template.—
“(1)
In general.—
Criteria.
The Administrator shall develop an application template with standardized, specific approval criteria to enable FAA inspectors to objectively evaluate the application of an air carrier to operate in the manner described in subsection (a).“(2)
Requirements.—
The template required under paragraph (1) shall include a place in such template for an air carrier to describe—
“(A)
how any non-certified human observations will be conducted; and
“(B)
how such observations will be communicated—
“(i)
to air carriers prior to dispatch; and
“(ii)
to pilots prior to approach.
“(3)
Response to application.—
“(A)
Timeline.—
The Administrator shall ensure—
“(i)
that the Administrator has the ability to respond to an application of an air carrier not later than 30 days after receipt of such application; and
“(ii)
in the event the Administrator cannot respond within 30 days, that the Administrator informs the air carrier of the expected response time with respect to the application of the air carrier.
“(B)
Rejection.—
In the event that the Administrator rejects an application of an air carrier, the Administrator shall inform the air carrier of the specific criteria that were the cause for rejection.”
(b)
49 USC 44720 note.
Effective Date.—
The amendments made by this section shall take effect on the date that is 12 months after the date of enactment of this Act.138 STAT. 1095
SEC. 340.
STUDY ON FAA USE OF MANDATORY EQUAL ACCESS TO JUSTICE ACT WAIVERS.
(a)
In General.—
The Comptroller General shall conduct a study on the use of waivers of rights by the Administrator that may arise under section 504 of title 5, United States Code, or section 2412 of title 28, United States Code, as a condition for the settlement of any proceedings to amend, modify, suspend, or revoke an airman certificate or to impose a civil penalty on a flight engineer, mechanic, pilot, or repairman (or an individual acting in the capacity of such engineer, mechanic, pilot, or repairman).
(b)
Considerations.—
In conducting the study under subsection (a), the Comptroller General shall consider—
(1)
the frequency of the use of waivers by the Administrator described in this section;
(2)
the benefits and consequences of the use of such waivers to both the Administrator and the certificate holder; and
(3)
the effects of a prohibition on using such waivers.
(c)
Cooperation With Study.—
The Administrator shall cooperate with any requests for information by Comptroller General to complete the study required under subsection (a).
(d)
Recommenda-
tions.
Report.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), including recommendations for any legislation and administrative action as the Comptroller General determines appropriate.
SEC. 341.
Contracts.
Evaluation.
Virginia.
AIRPORT AIR SAFETY.
The Administrator shall seek to enter into appropriate arrangements with a qualified third-party entity to evaluate whether poor air quality inside the Washington Dulles International Airport passenger terminal negatively affects passengers.
SEC. 342.
DON YOUNG ALASKA AVIATION SAFETY INITIATIVE.
(a)
In General.—
Chapter 447 of title 49, United States Code, .
is amended
by adding
at the end the following:Ҥ 44745.
49 USC 44745.
Don Young Alaska Aviation Safety Initiative
“(a)
In General.—
The Administrator of the Federal Aviation Administration shall redesignate the FAA Alaska Aviation Safety Initiative of the Administration as the Don Young Alaska Aviation Safety Initiative (in this section referred to as the ‘Initiative’), under which the Administrator shall carry out the provisions of this section and take such other actions as the Administrator determines appropriate to improve aviation safety in Alaska and covered locations.
“(b)
Objective.—
The objective of the Initiative shall be to work cooperatively with aviation stakeholders and other stakeholders towards the goal of—
“(1)
reducing the rate of fatal aircraft accidents in Alaska and covered locations by 90 percent from 2019 to 2033; and
“(2)
by January 1, 2033, eliminating fatal accidents of aircraft operated by an air carrier that operates under part 135 of title 14, Code of Federal Regulations.
“(c)
Leadership.—
138 STAT. 1096“(1)
Designation.
In general.—
The Administrator shall designate the Regional Administrator for the Alaskan Region of the Administration to serve as the Director of the Initiative.
“(2)
Covered locations.—
The Administrator shall select a designee within the Aviation Safety Organization to implement relevant requirements of this section in covered locations.
“(3)
Reporting chain.—
In all matters relating to the Initiative, the Director of the Initiative shall report directly to the Administrator.
“(4)
Coordination.—
The Director of the Initiative shall coordinate with the heads of other offices and lines of business of the Administration, including the other regional administrators, to carry out the Initiative.
“(d)
Deadlines.
Automated Weather Systems.—
“(1)
Requirement.—
The Administrator shall ensure, to the greatest extent practicable, that a covered automated weather system is installed and operated at each covered airport not later than December 31, 2030.
“(2)
Waiver.—
In complying with the requirement under paragraph (1), the Administrator may waive any positive benefit-cost ratio requirement for the installation and operation of a covered automated weather system.
“(3)
Timeline.
Prioritization.—
In developing the installation timeline of a covered automated weather system at a covered airport pursuant to this subsection, the Administrator shall—
“(A)
Consultation.
coordinate and consult with the governments with jurisdiction over Alaska and covered locations, covered airports, air carriers operating in Alaska or covered locations, private pilots based in Alaska or a covered location, and such other members of the aviation community in Alaska or covered locations; and
“(B)
prioritize early installation at covered airports that would enable the greatest number of instrument flight rule operations by air carriers operating under part 121 or 135 of title 14, Code of Federal Regulations.
“(4)
Reliability.—
“(A)
In general.—
Pertaining to both Federal and non-Federal systems in Alaska, the Administrator shall be responsible for ensuring—
“(i)
the reliability of covered automated weather systems; and
“(ii)
the availability of weather information from such systems.
“(B)
Specifications.—
Data.
The Administrator shall establish data availability and equipment reliability specifications for covered automated weather systems.“(C)
System reliability and restoration plan.—
Not later than 2 years after the date of enactment of this section, the Administrator shall establish an automated weather system reliability and restoration plan for Alaska. Such plan shall document the Administrator’s strategy for ensuring covered automated weather system reliability, including the availability of weather information from such system, and for restoring service in as little time as possible.
“(D)
Telecommunications or other failures.—
If a covered automated weather system in Alaska is unable 138 STAT. 1097
to broadly disseminate weather information due to a telecommunications failure or a failure other than an equipment failure, the Administrator shall take such actions as may be necessary to restore the full functionality and connectivity of the covered automated weather system. The Administrator shall take actions under this subparagraph with the same urgency as the Administrator would take an action to repair a covered automated weather system equipment failure or data fidelity issue.
“(E)
Reliability data.—
In tabulating data relating to the operational status of covered automated weather systems (including individually or collectively), the Administrator may not consider a covered automated weather system that is functioning nominally but is unable to broadly disseminate weather information telecommunications failure or a failure other than an equipment failure as functioning reliably.
“(5)
Inventory.—
“(A)
Maintenance improvements.—
“(i)
In general.—
Not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall identify and implement reasonable alternative actions to improve maintenance of FAA-owned weather observing systems that experience frequent service outages, including associated surface communication outages, at covered airports.
“(ii)
Spare parts availability.—
The actions identified by the Administrator in clause (i) shall improve spare parts availability, including consideration of storage of more spare parts in the region in which the systems are located.
“(B)
Notice of outages.—
Not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall update FAA Order 7930.2 Notices to Air Missions, or any successive order, to incorporate weather system outages for automated weather observing systems and automated surface observing systems associated with Service A Outages at covered airports.
“(6)
Visual weather observation system.—
“(A)
Deployment.—
Not later than 3 years after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall take such actions as may be necessary to—
“(i)
deploy visual weather observation systems;
“(ii)
ensure that such systems are capable of meeting the definition of a covered automated weather system in Alaska; and
“(iii)
develop standard operation specifications for visual weather operation systems.
“(B)
Modification of specifications.—
Upon the request of an aircraft operator, the Administrator shall issue or modify the standard operation specifications for visual weather observation systems developed under subparagraph (A) to allow such systems to be used to satisfy the requirements for supplemental noncertified local 138 STAT. 1098
weather observations under section 322 of the FAA Reauthorization Act of 2018 (Public Law 115–254).
“(e)
Weather Cameras.—
“(1)
In general.—
Assessment.
The Director shall continuously assess the state of the weather camera systems in Alaska and covered locations to ensure the operational sufficiency and reliability of such systems.“(2)
Applications.—
The Director shall—
“(A)
accept applications from persons to install weather cameras; and
“(B)
Consultation.
consult with the governments with jurisdiction over Alaska and covered locations, covered airports, air carriers operating in Alaska or covered locations, private pilots based in Alaska or covered locations, and such other members of the aviation community in Alaska and covered locations as the Administrator determines appropriate to solicit additional locations at which to install and operate weather cameras.“(3)
Presumption.—
Unless the Director has clear and compelling evidence to the contrary, the Director shall presume that the installation of a weather camera at a covered airport in Alaska, or that is recommended by a government with jurisdiction over a covered location, is cost beneficial and will improve aviation safety.
“(f)
Cooperation With Other Agencies.—
In carrying out this section, the Administrator shall cooperate with the heads of other Federal or State agencies with responsibilities affecting aviation safety in Alaska and covered locations, including the collection and dissemination of weather data.
“(g)
Surveillance and Communication.—
“(1)
In general.—
The Director shall take such actions as may be necessary to—
“(A)
encourage and incentivize the equipage of aircraft that operate under part 135 of title 14, Code of Federal Regulations, with automatic dependent surveillance and broadcast out equipment; and
“(B)
improve aviation surveillance and communications in Alaska and covered locations.
“(2)
Requirement.—
Deadline.
Not later than December 31, 2030, the Administrator shall ensure that automatic dependent surveillance and broadcast coverage is available at 5,000 feet above ground level throughout each covered location and Alaska.“(3)
Waiver.—
The Administrator shall waive any positive benefit-cost ratio requirement for—
“(A)
the installation and operation of equipment and facilities necessary to implement the requirement under paragraph (2); and
“(B)
the provision of additional ground-based transmitters for automatic dependent surveillance-broadcasts to provide a minimum operational network in Alaska along major flight routes.
“(4)
Service areas.—
The Director shall continuously identify additional automatic dependent surveillance–broadcast service areas in which the deployment of automatic dependent surveillance–broadcast receivers and equipment would improve aviation safety.138 STAT. 1099
“(h)
Other Projects.—
The Director shall continue to build upon other initiatives recommended in the reports of the FAA Alaska Aviation Safety Initiative of the Administration published before the date of enactment of this section.
“(i)
Annual Report.—
“(1)
In general.—
Effective date.
Time period.
Beginning on the date that is 1 year after the date of enactment of the FAA Reauthorization Act of 2024, and annually thereafter, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the Initiative, including an itemized description of how the Administration budget meets the goals of the Initiative.“(2)
Stakeholder comments.—
The Director shall append stakeholder comments, organized by topic, to each report submitted under paragraph (1) in the same manner as appendix 3 of the report titled ‘FAA Alaska Aviation Safety Initiative FY21 Final Report’, dated September 30, 2021.
“(j)
Funding.—
“(1)
Time period.
In general.—
Notwithstanding any other provision of law, for each of fiscal years 2025 through 2028—
“(A)
the Administrator may, upon application from the government with jurisdiction over a covered airport and in coordination with the State or territory in which a covered airport is located, use amounts apportioned under subsection (d)(2)(B) or subsection (e) of section 47114 to carry out the Initiative; or
“(B)
the sponsor of a covered airport that receives an apportionment under subsection (d)(2)(A) or subsection (e) of section 47114 may use such apportionment for any purpose contained in this section.
“(2)
Supplemental funding.—
Out of amounts made available under section 106(k) and section 48101, not more than a total of $25,000,000 for each of fiscal years 2025 through 2028 is authorized to be expended to carry out the Initiative.
“(k)
Definitions.—
In this section:
“(1)
Covered airport.—
The term ‘
covered airport
’ means an airport in Alaska or a covered location that is included in the national plan of integrated airport systems required under section 47103 and that has a status other than unclassified in such plan.“(2)
Covered automated weather system.—
The term ‘
covered automated weather system
’ means an automated or visual weather reporting facility that enables a pilot to begin an instrument procedure approach to an airport under section 91.1039 or 135.225 of title 14, Code of Federal Regulations.“(3)
Covered location.—
The term ‘
covered location
’ means Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.“(l)
Conformity.—
The Administrator shall conduct all activities required under this section in conformity with section 44720.”
(b)
Remote Positions.—
Section 40122(g) of title 49, United States Code, .
is amended
by adding
at the end the following:“(7)
Remote positions.—
“(A)
Determination.
In general.—
If the Administrator determines that a covered position has not been filled after multiple 138 STAT. 1100
vacancy announcements and that there are unique circumstances affecting the ability of the Administrator to fill such position, the Administrator may consider, in consultation with the appropriate labor union, applicants for the covered position who apply under a vacancy announcement recruiting from the State or territory in which the position is based.
“(B)
Covered position defined.—
In this paragraph, the term ‘
covered position
’ means a safety-critical position, to include personnel located at contract towers, based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.”(c)
GAO Study on Alaska Aviation Safety.—
(1)
Study.—
The Comptroller General shall conduct a study to—
(A)
Examination.
examine the effectiveness of the Don Young Alaska Aviation Safety Initiative to improve aviation safety, service, and infrastructure; and(B)
identify challenges within the FAA to accomplishing safety improvements carried out under such Initiative.
(2)
Report.—
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing—
(A)
the findings of the study under paragraph (1); and
(B)
Recommenda-
tions.
recommendations for such legislative or administrative action as the Comptroller General determines appropriate.
(d)
49 USC 47101 note.
Runway Length.—
The Administrator—
(1)
may not restrict funding made available under chapter 471 of title 49, United States Code, from being used at an airport in Alaska to rehabilitate, resurface, or reconstruct the full length and width of an existing runway within Alaska based solely on reduced current or forecasted aeronautical activity levels or critical design type standards;
(2)
may not reject requests for runway projects at airports in Alaska if such projects address critical community needs, including projects—
(A)
that support economic development by expanding a runway to meet new demands; or
(B)
that preserve the length of runways used by aircraft to deliver necessary cargo, including heating fuel and gasoline, for the community served by the airport; and
(3)
Deadline.
Review.
shall, not later than 60 days after receiving a request for a runway rehabilitation or reconstruction project at an airport in Alaska, review each such request on a case-by-case basis.
(e)
Implementation of NTSB Recommendations.—
(1)
In general.—
Deadline.
Not later than 3 years after the date of enactment of this Act, the Administrator shall take such actions as may be necessary to implement National Transportation Safety Board recommendations A–22–25 and A–22–26 (as contained in Aviation Investigation Report AIR–22–09, adopted November 16, 2022).(2)
Coordination.—
In taking actions under paragraph (1), the Administrator shall coordinate with the State of Alaska, 138 STAT. 1101
airports in Alaska, air carriers operating in Alaska, private pilots (including tour operators) based in Alaska, and such other members of the Alaska aviation community or other stakeholders as the Administrator determines appropriate.
(f)
Clerical Amendment.—
The analysis for chapter 447 of title 49, United States Code,
49 USC
prec. 44701.
is amended
by adding
at the end the following:“44745.
Don Young Alaska Aviation Safety Initiative.”.
SEC. 343.
ACCOUNTABILITY AND COMPLIANCE.
(a)
In General.—
Section 44704(a) of title 49, United States Code, .
is amended
by adding
at the end the following:“(6)
Certification.
Submission of data.—
When an applicant submits design data to the Administrator for a finding of compliance as part of an application for a type certificate, the applicant shall certify to the Administrator that—
“(A)
the submitted design data demonstrates compliance with the applicable airworthiness standards; and
“(B)
any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety, as agreed upon by the Administrator.”
(b)
Briefing.
Report to Congress.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification requirement added by the amendment made by subsection (a).
SEC. 344.
Deadlines.
49 USC 44704 note.
CHANGED PRODUCT RULE REFORM.
(a)
Notice.
In General.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking to revise section 21.101 of title 14, Code of Federal Regulations, to achieve the following objectives:
(1)
For any significant design change, as determined by the Administrator, to require that the exception related to impracticality under subsection (b)(3) of such section from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception.
(2)
To ensure appropriate documentation of any exception or exemption from airworthiness requirements in title 14, Code of Federal Regulations, as in effect on the date of application for the change.
(b)
Congressional Briefing.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation by the FAA of the recommendations of the Changed Product Rule International Authorities Working Group, established for purposes of carrying out the requirements of section 117 of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44704 note), including recommendations on harmonized changes and reforms regarding the impractical exception.
(c)
Final Rule.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall issue a final rule based on the notice of proposed rulemaking issued under subsection (a).138 STAT. 1102
(d)
Effective date.
Time period.
Annual Report.—
Beginning in 2025 and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress an annual report detailing the number of all significant design change exceptions approved and denied under paragraphs (1) through (3) of section 21.101(b) of title 14, Code of Federal Regulations.
SEC. 345.
ADMINISTRATIVE AUTHORITY FOR CIVIL PENALTIES.
Section 46301(d) of title 49, United States Code,
is amended
—(1)
in paragraph (4) by ; and
striking
subparagraph (A) and inserting
the following:“(A)
the amount in controversy is more than—
“(i)
$400,000 if the violation was committed by any person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;
“(ii)
$50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;
“(iii)
$1,200,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024; or
“(iv)
$100,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024;”
(2)
by .
striking
paragraph (8) and inserting
the following:“(8)
The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—
“(A)
$400,000 if the violation was committed by a person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;
“(B)
$50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;
“(C)
$1,200,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024; or
“(D)
$100,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024.”
SEC. 346.
STUDY ON AIRWORTHINESS STANDARDS COMPLIANCE.
(a)
Study.—
Contracts.
The Administrator shall seek to enter into an agreement with a federally funded research and development center to conduct a study, in consultation with appropriate aviation safety engineers of the FAA, on the occurrences and potential consequences of a transport airplane design found to not comply with applicable airworthiness standards.(b)
Scope.—
In conducting the study pursuant to subsection (a), the federally funded research and development center shall identify each final airworthiness directive issued by the FAA or another civil aviation authority—138 STAT. 1103
(1)
applicable to transport airplanes during the 10-year period prior to the date of enactment of this Act; and
(2)
to address an unsafe condition resulting from an approved design that was noncompliant with an applicable airworthiness standard.
(c)
Examinations.
Requirements.—
For each such airworthiness directive identified under subsection (b), the federally funded research and development center shall examine—
(1)
the airworthiness standard with which the transport airplane failed to comply;
(2)
the resulting unsafe condition and whether such condition resulted in an accident;
(3)
the methods by which the noncompliance was discovered and brought to the attention of the FAA or another civil aviation authority, to the extent such methods can be identified;
(4)
Analysis.
an analysis of the method used by the applicant to show compliance during the certification process and whether other compliance methods may have reasonably identified the noncompliance during the certification process;(5)
the date of approval of the relevant type design and the date of issuance of the airworthiness directive;
(6)
any corrective action mandated to address the identified unsafe condition;
(7)
the period of time specified for the incorporation of the corrective action, during which the affected transport airplanes were allowed to operate before the unsafe condition was corrected; and
(8)
the total cost of compliance estimated in the final rule adopting the airworthiness directive.
(d)
Coordination.—
In conducting the study under subsection (a), the federally funded research and development center shall coordinate with, and solicit comments from—
(1)
transport category aircraft manufacturers; and
(2)
employees of the Administration, including the official bargaining representative of aircraft certification services engineers and of aviation safety engineers under section 7111 of title 5, United States Code, involved in developing airworthiness directives, as necessary.
(e)
Report to Congress.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that includes—
(1)
the results of the study conducted under subsection (a);
(2)
Determination.
actions the Administrator determines necessary to improve safety as a result of the findings under subsection (a) and any root causes of an unsafe condition that were identified;
(3)
the comments solicited under subsection (d); and
(4)
Recommenda-
tions.
any other recommendations for legislative or administrative action determined appropriate by the Administrator.
(f)
Definitions.—
In this section:
(1)
Air carrier; foreign air carrier.—
The terms “air carrier” and “foreign air carrier” have the meanings given such terms in section 40102 of title 49, United States Code.
(2)
Transport airplane.—
The term “
transport airplane
” means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated with 138 STAT. 1104
a passenger seating capacity of 30 or more or an all-cargo or combi derivative.SEC. 347.
Deadlines.
ZERO TOLERANCE FOR NEAR MISSES, RUNWAY INCURSIONS, AND SURFACE SAFETY RISKS.
(a)
Policy.—
(1)
In general.—
Section 47101(a) of title 49, United States Code,
is amended
—(A)
by
redesignating
paragraphs (2) through (13) as paragraphs (3) through (14), respectively; and(B)
by .
inserting
after paragraph (1) the following:“(2)
that projects, activities, and actions that prevent runway incursions serve to—
“(A)
improve airport surface surveillance; and
“(B)
mitigate surface safety risks that are essential to ensuring the safe operation of the airport and airway system;”
(2)
Conforming amendments.—
Section 47101 of title 49, United States Code,
is amended
—(A)
in subsection (g) by
striking
“subsection (a)(5)” and inserting
“subsection (a)(6)”; and(B)
in subsection (h) by
striking
“subsection (a)(6)” and inserting
“subsection (a)(7)”.(3)
49 USC 47101 note.
Continuous evaluation.—
In carrying out section 47101(a) of title 49, United States Code, as amended by this subsection, the Administrator shall establish a process to continuously track and evaluate ground traffic and air traffic activity and related incidents at airports.
(b)
49 USC 47101 note.
Runway Safety Council.—
(1)
Establishment.
Strategy.
In general.—
Not later than 6 months after the date of enactment of this Act, the Administrator shall establish a council, to be known as the “Runway Safety Council” (in this section referred to as the “Council”), to develop a systematic management strategy to address airport surface safety risks.
(2)
Duties.—
The duties of the Council shall include, at a minimum, advancing the development of risk-based, data driven, integrated systems solutions and strategies to enhance airport surface safety risk mitigation.
(3)
Appointments.
Membership.—
(A)
In general.—
In establishing the Council, the Administrator shall appoint at least 1 member from each of the following:
(i)
Airport operators.
(ii)
Air carriers.
(iii)
Aircraft operators.
(iv)
Avionics manufacturers.
(v)
Flight schools.
(vi)
The exclusive collective bargaining representative of aviation safety professionals for the FAA certified under section 7111 of title 5, United States Code.
(vii)
The exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code.
(viii)
Other safety experts the Administrator determines appropriate.
(B)
Additional members.—
The Administrator may appoint members representing any other stakeholder 138 STAT. 1105
organization that the Administrator determines appropriate to the Runway Safety Council.
(c)
49 USC 47101 note.
Airport Surface Safety Technologies.—
(1)
Consultation.
Identification.—
Not later than 6 months after the date of enactment of this Act, the Administrator shall, in coordination with the Council, consult with relevant stakeholders to identify technologies, equipment, systems, and process changes, that—
(A)
may provide airport surface surveillance capabilities at airports lacking such capabilities;
(B)
may augment existing airport surface detection and surveillance system; or
(C)
may improve onboard situational awareness for flight crewmembers, including technologies for use in an aircraft that—
(i)
reduce the risk of collision on the runway with other aircraft or vehicles;
(ii)
calculate safe landing distances; and
(iii)
prompt actions to bring the aircraft to a safe stop.
(2)
Criteria.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall—
(A)
based on the information obtained pursuant to paragraph (1)(A) and (1)(B), identify airport surface detection and surveillance systems that meet the standards of the FAA and may be able to—
(i)
provide airport surface surveillance capabilities at airports lacking such capabilities; or
(ii)
augment existing airport surface detection and surveillance systems, such as Airport Surface Detection System—Model X or the Airport Surface Surveillance Capability;
(B)
Timeline.
establish a timeline and action plan for
replacing
, maintaining, or enhancing the operational capability provided by existing airport surface detection and surveillance systems, and implementing runway safety technologies at airports without airport surface detection and surveillance systems, as needed, to improve runway safety;(C)
based on the information obtained pursuant to paragraph (1)(C), identify safety technologies and systems in transport airplanes that meet the standards of the FAA that will—
(i)
enhance runway safety for transport airplanes that lack the capabilities of such technologies and systems, as appropriate; or
(ii)
augment existing onboard situational awareness runway traffic alerting and runway landing safety technologies installed on transport airplanes; and
(D)
Criteria.
Requirement.
establish clear and quantifiable criteria relating to operational factors, including ground traffic and air traffic activity and the rate of runway and terminal airspace safety events (including runway incursions), that determine when the installation and deployment of an airport surface detection or surveillance system, or other runway safety system (including runway status lights), at an airport is required.138 STAT. 1106(3)
Deployment.—
Not later than 5 years after the date of enactment of this Act, the Administrator shall ensure that airport surface detection and surveillance systems are deployed and operational at—
(A)
all airports described in paragraph (2)(A); and
(B)
all medium and large hub airports.
(4)
Briefing.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the progress of the deployment described in paragraph (3).
(d)
49 USC 47101 note.
Foreign Object Debris Detection.—
(1)
Assessment.
In general.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall assess, in coordination with the Council, automated foreign object debris monitoring and detection systems at not less than 3 airports that are using such systems.
(2)
Considerations.—
In conducting the assessment under paragraph (1), the Administrator shall consider the following:
(A)
The categorization of an airport.
(B)
The potential frequency of foreign object debris incidents on airport runways or adjacent ramp areas.
(C)
The availability of funding for the installation and maintenance of foreign object debris monitoring and detection systems.
(D)
The impact of such systems on the airfield operations of an airport.
(E)
The effectiveness of available foreign object debris monitoring and detection systems.
(F)
Any other factors relevant to assessing the return on investment of foreign object debris monitoring and detection systems.
(3)
Consultation.—
In carrying out this subsection, the Administrator and the Council shall consult with manufacturers and suppliers of foreign object debris detection technology and any other relevant stakeholders.
(e)
49 USC 47101 note.
Runway Safety Study.—
(1)
Contracts.
In general.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall seek to enter into appropriate arrangements with a federally funded research and development center to conduct a study of runway incursions, airport surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight to determine how advanced technologies and future airport development projects may be able to reduce the frequency of such events and enhance aviation safety.
(2)
Assessments.
Considerations.—
In conducting the study under paragraph (1), the federally funded research and development center shall—
(A)
Examination.
Data.
examine data relating to recurring runway incursions, surface incidents, operational errors, or losses of standard separation of aircraft in the approach or departure phase of flight at airports to identify the underlying factors that caused such events;
(B)
assess metrics used to identify when such events are increasing at an airport;138 STAT. 1107
(C)
assess available and developmental technologies, including and beyond such technologies considered in subsection (c), that may augment existing air traffic management capabilities of surface surveillance and terminal airspace equipment;
(D)
consider growth trends in airport size, staffing and communication complexities to identify—
(i)
future gaps in information exchange between aerospace stakeholders; and
(ii)
methods for meeting future near real-time information sharing needs; and
(E)
Examination.
examine airfield safety training programs used by airport tenants and other stakeholders operating on airfields of airports, including airfield familiarization training programs for employees, to assess scalability to handle future growth in airfield capacity and traffic.
(3)
Recommendations.—
In conducting the study required by paragraph (1), the federally funded research and development center shall develop recommendations for the strategic planning efforts of the Administration to appropriately maintain surface safety considering future increases in air traffic and based on the considerations described in paragraph (2).
(4)
Report to congress.—
Not later than 90 days after the completion of the study required by paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report on the findings of such study and any recommendations developed under paragraph (3).
(f)
49 USC 47101 note.
Definitions.—
In this section:
(1)
Air carrier; foreign air carrier.—
The terms “air carrier” and “foreign air carrier” have the meanings given such terms in section 40102 of title 49, United States Code.
(2)
Airport surface detection and surveillance system.—
The term “
airport surface detection and surveillance system
” means an airport surveillance system that is—(A)
designed to track surface movement of aircraft and vehicles; or
(B)
capable of alerting air traffic controllers or flight crewmembers of a possible runway incursion, misaligned approach, or other safety event.
(3)
Transport airplane.—
The term “
transport airplane
” means a transport category airplane designed for operation by an air carrier or foreign air carrier jet type-certificated with a passenger seating capacity of at least 10 seats or a maximum takeoff weight above 12,500 pounds or an all-cargo or combi derivative of such an airplane.SEC. 348.
49 USC 44701 note.
IMPROVEMENTS TO AVIATION SAFETY INFORMATION ANALYSIS AND SHARING PROGRAM.
(a)
Deadline.
Data.
In General.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall implement improvements to the Aviation Safety Information Analysis and Sharing Program with respect to safety data sharing and risk mitigation.
(b)
Requirements.—
In carrying out subsection (a), the Administrator shall—
(1)
identify methods to increase the rate at which data is collected, processed, and analyzed to expeditiously share safety intelligence;138 STAT. 1108
(2)
develop predictive capabilities to anticipate emerging safety risks;
(3)
identify methods to improve shared data environments with external stakeholders;
(4)
establish a robust process for prioritizing requests for safety information;
(5)
Guidance.
establish guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data;
(6)
identify industry segments not yet included and conduct outreach to such industry segments to increase the rate of participation, including—
(A)
general aviation;
(B)
air transportation and commercial aviation;
(C)
rotorcraft operations;
(D)
air ambulance operations; and
(E)
aviation maintenance;
(7)
establish processes for obtaining and analyzing comprehensive and aggregate data for new and future industry segments; and
(8)
Data.
integrate safety data from unmanned aircraft system operators, as appropriate.
(c)
Implementation.—
In carrying out subsection (a), the Administrator shall—
(1)
prioritize production-ready configurable solutions over custom development, as appropriate, to support FAA critical aviation safety programs; and
(2)
ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate demonstrations of proposed solutions, as part of the evaluation criteria.
(d)
Rule of Construction.—
Nothing in this section shall be construed—
(1)
to require the Administrator to share confidential or proprietary information and data to safety inspectors for purposes of enforcement; or
(2)
to limit the applicability of section 44735 of title 49, United States Code, to the Aviation Safety Information Analysis and Sharing Program.
(e)
Briefing.—
Deadline.
Time period.
Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter until the improvements under subsection (a) are made, the Administrator shall brief the appropriate committees of Congress on the progress of implementation of the Aviation Safety Information Analysis and Sharing Program, including—(1)
Assessment.
an assessment of the progress of the FAA toward achieving milestones for such program identified by the inspector general of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports;(2)
a description of the plan to use appropriate deployable commercial solutions to assist the FAA in meeting such milestones;
(3)
steps taken to make improvements under subsection (b); and
(4)
Summary.
a summary of the efforts of the FAA to address gaps in safety data provided from any of the industry segments described in subsection (b)(6).138 STAT. 1109
SEC. 349.
49 USC 44704 note.
INSTRUCTIONS FOR CONTINUED AIRWORTHINESS AVIATION RULEMAKING COMMITTEE.
(a)
Review.
Recommenda-
tions.
Reports.
Determination.
In General.—
The Administrator shall convene an aviation rulemaking committee to review, and develop findings and recommendations regarding, instructions for continued airworthiness (as described in section 21.50 of title 14, Code of Federal Regulations), and provide to the Administrator a report on such findings and recommendations and for other related purposes as determined by the Administrator.
(b)
Composition.—
The aviation rulemaking committee established pursuant to subsection (a) shall consist of members appointed by the Administrator, including representatives of—
(1)
holders of type certificates (as described in subpart B of part 21, title 14, Code of Federal Regulations);
(2)
holders of production certificates (as described in subpart G of part 21, title 14, Code of Federal Regulations);
(3)
holders of parts manufacturer approvals (as described in subpart K of part 21, title 14, Code of Federal Regulations);
(4)
holders of technical standard order authorizations (as described in subpart O of part 21, title 14, Code of Federal Regulations);
(5)
operators under parts 121, 125, or 135 of title 14, Code of Federal Regulations;
(6)
holders of repair station certificates (as described in section 145 of title 14, Code of Federal Regulations) that are not also type certificate holders as included under paragraph (1), production certificate holders as included under paragraph (2), or aircraft operators as included under paragraph (5) (or associated with any such entities);
(7)
the certified bargaining representative of aviation safety inspectors and engineers for the Administration;
(8)
general aviation operators;
(9)
mechanics certificated under part 65 of title 14, Code of Federal Regulations;
(10)
holders of supplemental type certificates (as described in subpart E of part 21 of title 14, Code of Federal Regulations);
(11)
designated engineering representatives employed by repair stations described in paragraph (6); and
(12)
aviation safety experts with specific knowledge of instructions for continued airworthiness policies and regulations.
(c)
Considerations.—
The aviation rulemaking committee established pursuant to subsection (a) shall consider—
(1)
existing standards, regulations, certifications, assessments, and guidance related to instructions for continued airworthiness and the clarity of such standards, regulations, certifications, assessments, and guidance to all parties;
(2)
the sufficiency of safety data used in preparing instructions for continued airworthiness;
(3)
the sufficiency of maintenance data used in preparing instructions for continued airworthiness;
(4)
the protection of proprietary information and intellectual property in instructions for continued airworthiness;
(5)
the availability of instructions for continued airworthiness, as needed, for maintenance activities;138 STAT. 1110
(6)
the need to harmonize or deconflict proposed and existing regulations with other Federal regulations, guidance, and policies;
(7)
international collaboration, where appropriate and consistent with the interests of safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities; and
(8)
any other matter the Administrator determines appropriate.
(d)
Deadlines.
Duties.—
The Administrator shall—
(1)
Records.
not later than 1 year after the date of enactment of this Act, submit to the appropriate committees of Congress a copy of the aviation rulemaking committee report under subsection (a); and
(2)
Policies.
Guidance.
Update.
Determination.
not later than 180 days after the date of submission of the report under paragraph (1), initiate a rulemaking activity or make such policy and guidance updates necessary to address any consensus recommendations reached by the aviation rulemaking committee established pursuant to subsection (a), as determined appropriate by the Administrator.SEC. 350.
49 USC 44903 note.
SECONDARY COCKPIT BARRIERS.
(a)
In General.—
Review.
Deadline.
Recommenda-
tions.
Requirement.
Not later than 6 months after the date of enactment of this Act, the Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to require installation of a secondary cockpit barrier on commercial passenger aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations, that are not captured under another regulation or proposed regulation.(b)
Membership.—
Appointments.
The Administrator shall appoint a chair and members of the rulemaking committee convened under subsection (a), which shall be comprised of at least 1 representative from the constituencies of—(1)
mainline air carriers;
(2)
regional air carriers;
(3)
aircraft manufacturers;
(4)
passenger aircraft pilots represented by a labor group;
(5)
flight attendants represented by a labor group;
(6)
airline passengers; and
(7)
other stakeholders the Administrator determines appropriate.
(c)
Considerations.—
The aviation rulemaking committee convened under subsection (a) shall consider—
(1)
minimum dimension requirements for secondary barriers on all aircraft types operated under part 121 of title 14, Code of Federal Regulations;
(2)
secondary barrier performance standards manufacturers and air carriers must meet for such aircraft types;
(3)
the availability of certified secondary barriers suitable for use on such aircraft types;
(4)
the development, certification, testing, manufacturing, installation, and training for secondary barriers for such aircraft types;
(5)
flight duration and stage length;
(6)
the location of lavatories on such aircraft as related to operational complexities;138 STAT. 1111
(7)
operational complexities;
(8)
any risks to safely evacuate passengers of such aircraft; and
(9)
other considerations the Administrator determines appropriate.
(d)
Report to Congress.—
Not later than 12 months after the convening of the aviation rulemaking committee described in subsection (a), the Administrator shall submit to the appropriate committees of Congress a report based on the findings and recommendations of the aviation rulemaking committee convened under subsection (a), including—
(1)
if applicable, any dissenting positions on the findings and the rationale for each position; and
(2)
any disagreements with the recommendations, including the rationale for each disagreement and the reasons for the disagreement.
(e)
Installation of Secondary Cockpit Barriers of Existing Aircraft.—
Deadline.
Regulations.
Not later than 36 months after the date of the submission of the report under subsection (d), the Administrator shall, taking into consideration the final reported findings and recommendations of the aviation rulemaking committee, issue a final rule requiring installation of a secondary cockpit barrier on each commercial passenger aircraft operated under the provisions of part 121 of title 14, Code of Federal Regulations.SEC. 351.
Deadlines.
49 USC 44701 note.
PART 135 DUTY AND REST.
(a)
Requirements.
Part 91 Tail–end Ferry Rulemaking.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall require that any operation conducted by a flight crewmember during an assigned duty period under the operational control of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, before, during, or after the duty period (including any operations under part 91 of title 14, Code of Federal Regulations), without an intervening rest period, shall count towards the flight time and duty period limitations of such flight crewmember under part 135 of title 14, Code of Federal Regulations.
(b)
Record Keeping.—
Update.
Policies.
Guidance.
Not later than 1 year after the date of enactment of this Act, the Administrator shall update any Administration policy and guidance regarding complete and accurate record keeping practices for operators holding a certificate under part 135 of title 14, Code of Federal Regulations, in order to properly document, at a minimum—(1)
flight crew assignments;
(2)
flight crew prospective rest notifications;
(3)
compliance with flight and duty times limitations and post-duty rest requirements; and
(4)
duty period start and end times.
(c)
Safety Management System Oversight.—
The Administrator, in performing oversight of the safety management system of an operator holding a certificate under part 135 of title 14, Code of Federal Regulations, following the implementation of the final rule issued based on the final rule titled “Safety Management Systems”, and published on April 26, 2024 (89 Fed. Reg. 33068), shall ensure such operator is evaluating and appropriately mitigating aviation safety risks, including, at minimum, risks associated with—138 STAT. 1112
(1)
inadequate flight crewmember duty and rest periods; and
(2)
incomplete records pertaining to flight crew rest, duty, and flight times.
(d)
Organ Transportation Flights.—
In updating guidance and policy pursuant to subsection (b), the Administrator shall consider and allow for appropriate accommodations, including accommodations related to subsections (b)(2) and (b)(4) for operators—
(1)
performing organ transportation operations; and
(2)
who have in place a means by which to identify and mitigate risks associated with flight crew duty and rest.
SEC. 352.
FLIGHT DATA RECOVERY FROM OVERWATER OPERATIONS.
(a)
Flight Data Recovery From Overwater Operations.—
Chapter 447 of title 49, United States Code, is further amended by .
adding
at the end the following:Ҥ 44746.
49 USC 44746.
Flight data recovery from overwater operations
“(a)
In General.—
Deadlines.
Not later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to require that, not later than 5 years after the date of enactment of this section, all applicable aircraft are—“(1)
fitted with a means, in the event of an accident, to recover mandatory flight data parameters in a manner that does not require the underwater retrieval of the cockpit voice recorder or flight data recorder;
“(2)
equipped with a tamper-resistant method to broadcast sufficient information to a ground station to establish the location where an applicable aircraft terminates flight as the result of such an event; and
“(3)
equipped with an airframe low-frequency underwater locating device that functions for at least 90 days and that can be detected by appropriate equipment.
“(b)
Effective date.
Applicable Aircraft Defined.—
In this section, the term ‘
applicable aircraft
’ means an aircraft manufactured on or after January 1, 2028, that is—“(1)
operated under part 121 of title 14, Code of Federal Regulations;
“(2)
Requirement.
required by regulation to have a cockpit voice recorder and a flight data recorder; and
“(3)
used in extended overwater operations.”
(b)
Clerical Amendment.—
The analysis for chapter 447 of title 49, United States Code,
49 USC
prec. 44701.
is further amended byadding
at the end the following:“44746.
Flight data recovery from overwater operations.”.
SEC. 353.
Deadlines.
49 USC 44701 note.
RAMP WORKER SAFETY CALL TO ACTION.
(a)
Call to Action Ramp Worker Safety Review.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a Call to Action safety review of airport ramp worker safety and ways to minimize or eliminate ingestion zone and jet blast zone accidents.
(b)
Contents.—
The Call to Action safety review required pursuant to subsection (a) shall include—
(1)
a description of Administration regulations, guidance, and directives related to airport ramp worker safety procedures and oversight of such processes;138 STAT. 1113
(2)
Time period.
a description of reportable accidents and incidents involving airport ramp workers in 5-year period preceding the date of enactment of this Act, including any identified contributing factors to the reportable accident or incident;
(3)
training and related educational materials for airport ramp workers, including supervisory and contract employees;
(4)
any recommended devices and methods for communication on the airport ramp, including considerations of requirements for operable radios and headsets;
(5)
a review of markings on the airport ramp that define restriction, staging, safety, or hazard zones, including markings to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport;
(6)
a review of aircraft jet blast and engine intake safety markings, including incorporation of markings on aircraft to indicate engine inlet danger zones; and
(7)
a process for stakeholders, including airlines, aircraft manufacturers, airports, labor, and aviation safety experts, to provide feedback and share best practices.
(c)
Report and Actions.—
Not later than 180 days after the conclusion of the Call to Action safety review pursuant to subsection (a), the Administrator shall—
(1)
submit to the appropriate committees of Congress a report on the results of the review and any recommendations for actions or best practices to improve airport ramp worker safety, including the identification of risks and possible ways to mitigate such risks to be considered in any applicable safety management system of air carriers and airports; and
(2)
initiate such actions as are necessary to act upon the findings of the review.
(d)
Training Materials.—
Not later than 6 months after the completion of the safety review required under subsection (a), the Administrator shall develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews, including supervisory and contract employees, that includes information on—
(1)
the specific dangers and consequences of entering engine ingestion or jet blast zones;
(2)
proper protocols to avoid entering an engine ingestion or jet blast zone; and
(3)
on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter.
(e)
Consultation.—
In carrying out this section, the Administrator shall consult with aviation safety experts, air carriers, aircraft manufacturers, relevant labor organizations, and airport operators.
(f)
Training Requirements.—
Not later than 6 months after the publication of the training and related educational materials required under subsection (d), the Administrator may require any ramp worker, as appropriate, to receive the relevant engine ingestion and jet blast zone hazard training before such ramp worker may perform work on any airport ramp.
SEC. 354.
VOLUNTARY REPORTING PROTECTIONS.
(a)
In General.—
Section 40123(a) of title 49, United States Code,
is amended
in the matter preceding paragraph (1)—138 STAT. 1114(1)
by
inserting
“, including section 552(b)(3)(B) of title 5” after “Notwithstanding any other provision of law”; and(2)
by
inserting
“or third party” after “nor any agency”.(b) Review of Protection From
Review of Protection From Deadline.
Update.
49 USC 40123 note.
Disclosure.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall review and update part 193 of title 14, Code of Federal Regulations, and review section 44735 of title 49, United States Code, to ensure such laws and regulations designate and protect from disclosure information or data submitted, collected, or obtained by the Administrator under voluntary safety programs, including the following:
(1)
Aviation Safety Action Program.
(2)
Flight Operational Quality Assurance.
(3)
Line Operations Safety Assessments.
(4)
Air Traffic Safety Action Program.
(5)
Technical Operations Safety Action Program.
(6)
Such other voluntarily submitted information or programs as the Administrator determines appropriate.
SEC. 355.
Deadlines.
49 USC 44718 note.
TOWER MARKING NOTICE OF PROPOSED RULEMAKING.
(a)
In General.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking to implement section 2110 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note).
(b)
Report.—
If the Administrator fails to issue the notice of proposed rulemaking pursuant to subsection (a), the Administrator shall submit to the appropriate committees of Congress an annual report on the status of such rulemaking, including—
(1)
the reasons that the Administrator has failed to issue the rulemaking; and
(2)
List.
Time period.
a list of fatal aircraft accidents associated with unmarked towers that have occurred during the 5-year period preceding the date of submission of the report.
SEC. 356.
PROMOTION OF CIVIL AERONAUTICS AND SAFETY OF AIR COMMERCE.
Section 40104 of title 49, United States Code,
is amended
—(1)
in subsection (a) by
striking
“In carrying out” and all that follows through “other interested organizations.”;(2)
by
redesignating
subsection (d) as subsection (e);(3)
by
redesignating
subsection (b) as subsection (d); and(4)
by
redesignating
subsection (c) as subsection (b) and reordering the subsections accordingly.SEC. 357.
EDUCATIONAL AND PROFESSIONAL DEVELOPMENT.
(a)
In General.—
Section 40104 of title 49, United States Code, .
is amended
by inserting
after subsection (b) (as redesignated by section 356) the following:“(c)
Educational and Professional Development.—
“(1)
In general.—
In carrying out subsection (a), the Administrator shall support and undertake efforts to promote and support the education and professional development of current and future aerospace professionals.
“(2)
Educational materials.—
Based on the availability of resources, the Administrator shall—
“(A)
develop and distribute civil aviation information and educational materials; and138 STAT. 1115
“(B)
provide expertise to State and local school administrators, college and university officials, and officers of other interested organizations and entities.
“(3)
Content.—
In developing the educational materials under paragraph (2), the Administrator shall ensure such materials, including presentations, cover topics of broad relevance, including—
“(A)
ethical decision-making and the responsibilities of aerospace professionals;
“(B)
managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety management systems; and
“(C)
responsibilities as a designee or representative of the Administrator.”
(b)
49 USC 40104 note.
Support for Professional Development and Continuing Education.—
The Administrator may take such action as may be necessary to support or launch initiatives that seek to advance the professional development and continuing education of aerospace professionals.
SEC. 358.
GLOBAL AVIATION SAFETY.
(a)
In General.—
Section 40104(d) of title 49, United States Code, (as redesignated by section 356)
is amended
—(1)
in the subsection heading by
inserting
“and Assistance” after “International Role”;(2)
in paragraph (1) by
striking
“The Administrator” and inserting
“In carrying out subsection (a), the Administrator”;(3)
by
redesignating
paragraph (2) as paragraph (4); and(4)
by .
inserting
after paragraph (1) the following:“(2)
International presence.—
The Administrator shall maintain an international presence to—
“(A)
assist foreign civil aviation authorities in—
“(i)
establishing robust aviation oversight practices and policies;
“(ii)
harmonizing international aviation standards for air traffic management, operator certification, aircraft certification, airports, and certificated or credentialed individuals;
“(iii)
validating and accepting foreign aircraft design and production approvals;
“(iv)
preparing for new aviation technologies, including powered-lift aircraft, products, and articles; and
“(v)
appropriately adopting continuing airworthiness information, such as airworthiness directives;
“(B)
encourage the adoption of United States standards, regulations, and policies;
“(C)
establish, maintain, and update bilateral or multilateral aviation safety agreements and the aviation safety information contained within such agreements;
“(D)
engage in bilateral and multilateral discussions as required under paragraph (5) and provide technical assistance as described in paragraph (6);
“(E)
validate foreign aviation products and ensure reciprocal validation of products for which the United States is the state of design or production;138 STAT. 1116
“(F)
support accident and incident investigations, particularly such investigations that involve United States persons and certified products and such investigations where the National Transportation Safety Board is supporting an investigation pursuant to annex 13 of the International Civil Aviation Organization;
“(G)
support the international safety activities of the United States aviation sector;
“(H)
maintain valuable relationships with entities with aviation equities, including civil aviation authorities, other governmental bodies, non-governmental organizations, and foreign manufacturers; and
“(I)
perform other activities as determined necessary by the Administrator.”
(b)
Review of International Field Offices.—
Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by .
inserting
after paragraph (2) the following:“(3)
International offices.—
In carrying out the responsibilities described in subsection (a), the Administrator—
“(A)
shall maintain international offices of the Administration;
“(B)
Time period.
every 5 years, may review existing international offices to determine—
“(i)
the effectiveness of such offices in fulfilling the mission described in paragraph (2); and
“(ii)
the adequacy of resources and staffing to achieve the mission described in paragraph (2); and
“(C)
shall establish offices to address gaps identified by the review under subparagraph (B) and in furtherance of the mission described in paragraph (2), putting an emphasis on establishing such offices—
“(i)
where international civil aviation authorities are located;
“(ii)
where regional intergovernmental organizations are located;
“(iii)
in countries that have difficulty maintaining a category 1 classification through the International Aviation Safety Assessment program; and
“(iv)
in regions that have experienced substantial growth in aviation operations or manufacturing.”
(c)
Bilateral Aviation Safety Agreements; Technical Assistance.—
(1)
Establishment.—
Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by .
adding
at the end the following:“(5)
Bilateral aviation safety agreements.—
“(A)
In general.—
Negotiation.
Evaluation.
Update.
The Administrator shall negotiate, enter into, promote, enforce, evaluate the effectiveness of, and seek to update bilateral or multilateral aviation safety agreements, and the parts of such agreements, with international aviation authorities.“(B)
Purpose.—
The Administrator shall seek to enter into bilateral aviation safety agreements under this section to, at a minimum—
“(i)
improve global aviation safety;138 STAT. 1117
“(ii)
increase harmonization of, and reduce duplicative, requirements, processes, and approvals to advance the aviation interests of the United States;
“(iii)
ensure access to international markets for operators, service providers, and manufacturers from the United States; and
“(iv)
put in place procedures for recourse when a party to such agreements fails to meet the obligations of such party under such agreements.
“(C)
Scope.—
The scope of a bilateral aviation safety agreement entered into under this section shall, as appropriate, cover existing aviation users and concepts and establish a process by which bilateral aviation safety agreements can be updated to include new and novel concepts on an ongoing basis.
“(D)
Contents.—
Bilateral aviation safety agreements entered into under this section shall, as appropriate and consistent with United States law and regulation, include topics such as—
“(i)
airworthiness, certification, and validation;
“(ii)
maintenance;
“(iii)
operations and pilot training;
“(iv)
airspace access, efficiencies, and navigation services;
“(v)
transport category aircraft;
“(vi)
fixed-wing aircraft, rotorcraft, powered-lift aircraft, products, and articles;
“(vii)
aerodrome certification;
“(viii)
unmanned aircraft and associated elements of such aircraft;
“(ix)
flight simulation training devices;
“(x)
new or emerging technologies and technology trends; and
“(xi)
other topics as determined appropriate by the Administrator.
“(E)
Rule of construction.—
Bilateral or multilateral aviation safety agreements entered into under this subsection shall not be construed to diminish or alter any authority of the Administrator under any other provision of law.”
(2)
Technical assistance updates.—
Section 40113(e) of title 49, United States Code, .
is amended
by adding
at the end the following:“(6)
Determination.
Technical assistance outside of agreements.—
In the absence of a bilateral or multilateral agreement, the Administrator may provide technical assistance and training under this subsection if the Administrator determines that—
“(A)
a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and
“(B)
the engagement is to provide inherently governmental technical assistance and training.
“(7)
Inherently governmental technical assistance and training defined.—
In this subsection, the term ‘
138 STAT. 1118
inherently governmental technical assistance and training
’ means technical assistance and training that—“(A)
relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;
“(B)
must be accomplished using agency expertise and authority; and
“(C)
relates to—
“(i)
international aviation safety assessment technical reviews and technical assistance;
“(ii)
aerodrome safety and certification;
“(iii)
aviation system certification activities based on Federal Aviation Administration regulations and requirements;
“(iv)
cybersecurity efforts to protect United States aviation ecosystem components and facilities;
“(v)
operation and maintenance of air navigation system equipment, procedures, and personnel; or
“(vi)
training and exercises in support of aviation safety, efficiency, and security.”
(3) Validation of powered-lift
Validation of powered-lift 49 USC 40104 note.
aircraft.—
In carrying out section 40104(d) of title 49, United States Code (as amended by this Act), the Administrator shall ensure coordination with international civil aviation authorities regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.
(4)
Report on international validation program performance.—
(A)
In general.—
Review.
Evaluation.
Not later than 2 years after the date of enactment of this Act, the Secretary shall initiate a review to evaluate the performance of the type certificate validation program of the FAA under bilateral or multilateral aviation safety agreements, with a focus on agreed to implementation procedures.(B)
Contents.—
In conducting the review under subparagraph (A), the Secretary shall consider, at minimum, the following:
(i)
Actions taken for the purposes of carrying out section 243(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note).
(ii)
Metrics from validation programs carried out prior to the initiation of such review, including the number and types of projects, timeline milestones, and trends relating to the repeated use of non-basic criteria.
(iii)
Training on the minimum standards of established validation work plans, including any guidance on the level of involvement of the validating authority, established justifications for involvement, and procedures for compliance document requests.
(iv)
The perspectives of—
(I)
FAA employees responsible for type validation projects;
(II)
bilateral civil aviation regulatory partners; and
(III)
industry applicants seeking validation.138 STAT. 1119
(v)
Adequacy of the funding and staffing levels of the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA.
(vi)
Effectiveness of FAA training for FAA employees.
(vii)
Effectiveness of outreach conducted to improve and enforce validation processes.
(viii)
Efforts undertaken to strengthen relationships with international certification authorities.
(ix)
Number of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures.
(C)
Report.—
Not later than 60 days after the completion of the review initiated under this subsection, the Administrator shall submit to the appropriate committees of Congress a report regarding such review.
(D)
Definitions.—
In this paragraph, the terms “ODA holder” and “ODA unit” have the meanings given such terms in section 44736(c) of title 49, United States Code.
(d)
International Engagement Strategy.—
Section 40104(d) of title 49, United States Code, (as redesignated by section 356) is further amended by .
adding
at the end the following:“(7)
Strategic plan.—
The Administrator shall maintain a strategic plan for the international engagement of the Administration that includes—
“(A)
all elements of the report required under section 243(b) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note);
“(B)
measures to fulfill the mission described in paragraph (2);
“(C)
initiatives to attain greater expertise among employees of the Federal Aviation Administration in issues related to dispute resolution, intellectual property, and export control laws;
“(D)
Policies.
policy regarding the future direction and strategy of the United States engagement with the International Civil Aviation Organization;“(E)
Procedures.
procedures for acceptance of mandatory airworthiness information, such as airworthiness directives, and other safety-related regulatory documents, including procedures to implement the requirements of section 44701(e)(5);
“(F)
all factors, including funding and resourcing, necessary for the Administration to maintain leadership in the global activities related to aviation safety and air transportation;
“(G)
Update.
establishment of, and a process to regularly track and update, metrics to measure the effectiveness of, and foreign civil aviation authority compliance with, bilateral aviation safety agreements; and“(H)
a strategic methodology to facilitate the ability of the United States aerospace industry to efficiently operate and export new aerospace technologies, products, and articles in key markets globally.”
(e)
49 USC 40104 note.
Powered-lift Aircraft.—
In developing the methodology required under section 40104(d)(7)(H) of title 49, United States Code (as added by subsection (d)), the Administrator shall—
138 STAT. 1120
(1)
Assessments.
Determination.
perform an assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements to determine how current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures;
(2)
facilitate global acceptance of the approach of the FAA to certification of powered-lift aircraft, products, and articles; and
(3)
consider any other information determined appropriated by the Administrator.
SEC. 359.
AVAILABILITY OF PERSONNEL FOR INSPECTIONS, SITE VISITS, AND TRAINING.
Section 40104 of title 49, United States Code, is further amended by .
adding
at the end the following:“(f)
Delegation.
Travel.—
The Administrator and the Secretary of Transportation shall, in carrying out the responsibilities described in subsection (a), delegate to the appropriate supervisors of offices of the Administration the ability to authorize the domestic and international travel of relevant personnel who are not in the Federal Aviation Administration Executive System, without any additional approvals required, for the purposes of—
“(1)
promoting aviation safety, aircraft operations, air traffic, airport, unmanned aircraft systems, aviation fuels, and other aviation standards, regulations, and initiatives adopted by the United States;
“(2)
facilitating the adoption of United States approaches on such aviation standards and recommended practices at the International Civil Aviation Organization;
“(3)
supporting the acceptance of Administration design and production approvals by other civil aviation authorities;
“(4)
training Administration personnel and training provided to other persons;
“(5)
engaging with regulated entities, including performing site visits;
“(6)
activities associated with subsections (c) through (e); and
“(7)
other activities as determined by the Administrator.”
SEC. 360.
49 USC 44704 note.
WILDFIRE SUPPRESSION.
(a)
In General.—
Deadline.
Regulation.
Not later than 18 months after the date of enactment of this Act, to ensure that sufficient firefighting resources are available to suppress wildfires and protect public safety and property, and notwithstanding any other provision of law or agency regulation, the Administrator shall issue a rule under which—(1)
an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire;
(2)
Applicability.
Determination.
the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and138 STAT. 1121(3)
the noise standards described in part 36 of such title 14 shall not apply to such an operation.
(b)
Surplus Military Aircraft.—
In issuing a rule under subsection (a), the Administrator may not enable any aircraft of a type that has been—
(1)
manufactured in accordance with the requirements of, and accepted for use by, the armed forces (as defined in section 101 of title 10, United States Code); and
(2)
later modified to be used for wildfire suppression operations.
(c)
Conforming Amendments to FAA Documents.—
In issuing a rule under subsection (a), the Administrator shall revise the order of the FAA titled “Restricted Category Type Certification”, issued on February 27, 2006 (FAA Order 8110.56), as well as any corresponding policy or guidance material, to reflect the requirements of this section.
(d)
Savings Provision.—
Nothing in this section shall be construed to limit the authority of the Administrator to take action otherwise authorized by law to protect aviation safety or passenger safety.
(e)
Definitions.—
In this section:
(1)
Covered aircraft.—
The term “
covered aircraft
” means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency.(2)
Firefighters.—
The term “
firefighters
” means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation.SEC. 361.
Deadlines.
CONTINUOUS AIRCRAFT TRACKING AND TRANSMISSION FOR HIGH ALTITUDE BALLOONS.
(a)
Study on Effects of High Altitude Balloons on Aviation Safety.—
(1)
In general.—
Briefing.
Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the heads of other relevant Federal agencies, shall brief the appropriate committees of Congress on the effects of high altitude balloon operations that do not emit electronic or radio signals for identification purposes and are launched within the United States and the territories of the United States on aviation safety.(2)
Considerations.—
In carrying out this subsection, the Administrator shall consider—
(A)
current technology available and employed to track high altitude balloon operations described under paragraph (1);
(B)
how the flights of such operations have affected, or could affect, aviation safety;
(C)
how such operations have contributed, or could contribute, to misidentified threats to civil or military aviation operations or infrastructure; and
(D)
how such operations have impacted, or could impact, national security and air traffic control operations.138 STAT. 1122
(b)
High Altitude Balloon Tracking Aviation Rulemaking Committee.—
(1)
Establishment.—
Review.
Recommenda-
tions.
Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review and develop findings and recommendations to inform a standard for any high altitude balloon to be equipped with a system for continuous aircraft tracking that transmits, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner that is accessible to air traffic controllers and ensures the safe integration of high altitude balloons into the national airspace system.(2)
Composition.—
The Committee shall consist of members appointed by the Administrator, including the following:
(A)
Representatives of industry.
(B)
Aviation safety experts, including experts with specific knowledge—
(i)
of high altitude balloon operations; or
(ii)
FAA tracking and surveillance systems.
(C)
Non-governmental researchers and educators.
(D)
Representatives of the Department of Defense.
(E)
Representatives of Federal agencies that conduct high altitude balloon operations.
(3)
Recommenda-
tions.
Updates.
Requirements.
Report.—
Not later than 18 months after the date of enactment of this Act, the Committee shall submit to the Administrator a report detailing the findings and recommendations developed under paragraph (1), including recommendations regarding the following:
(A)
How to update sections 91.215, 91.225, and 99.13 of title 14, Code of Federal Regulations, to require all high altitude balloons to have a continuous aircraft tracking and transmission system.
(B)
Any necessary updates to the requirements for high altitude balloons under subpart D of part 101 of title 14, Code of Federal Regulations.
(C)
Any necessary updates to other FAA regulations or requirements deemed appropriate and necessary by the Administrator to—
(i)
ensure any high altitude balloon has a continuous aircraft tracking and transmission system;
(ii)
Data.
ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers;
(iii)
Determination.
Criteria.
Guidance.
determine criteria and provide approval guidance for new equipment that provides continuous aircraft tracking and transmission for high altitude balloons and meets the performance requirements described under section 91.225 of title 14, Code of Federal Regulations, including portable, battery-powered Automatic Dependent Surveillance–Broadcast Out equipage; and
(iv)
maintain airspace safety.
(4)
Use of prior work.—
In developing the report under paragraph (3), the Committee may make full use of any research, comments, data, findings, or recommendations made by any prior aviation rulemaking committee.138 STAT. 1123
(5)
New technologies and solutions.—
Nothing in this subsection shall require the Committee to develop recommendations requiring equipage of high altitude balloons with an Automatic Dependent Surveillance–Broadcast Out system or an air traffic control transponder transmission system, or preclude the Committee from making recommendations for the adoption of new systems or solutions that may require that a high altitude balloon be equipped with a system that can transmit, at a minimum, the altitude, location, and identity of the high altitude balloon.
(6)
Briefing.—
Deadline.
Not later than 6 months after receiving the report required under paragraph (3), the Administrator shall brief the appropriate committees of Congress on the contents of such report and the status of any recommendation received pursuant to such report.(c)
Definitions.—
In this section, the term “
high altitude balloon
” means a manned or unmanned free balloon operating not less than 18,000 feet above mean sea level.SEC. 362.
49 USC 40101 note.
CABIN AIR SAFETY.
(a)
Deadline for 2018 Study on Bleed Air.—
Not later than 6 months after the date of enactment of this Act, the Administrator shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and submit to the appropriate Congressional committees the following:
(1)
The completed study required under subsection (c) of such section.
(2)
The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required under subsection (d) of such section.
(b)
Reporting System for Smoke or Fume Events Onboard Commercial Aircraft.—
(1)
In general.—
Standards.
Not later than 180 days after the date of the enactment of this Act, the Administrator shall develop a standardized submission system for air carrier employees to voluntarily report fume or smoke events onboard passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.(2)
Collected information.—
In developing the system under paragraph (1), the Administrator shall ensure that the system includes a method for submitting information about a smoke or fume event that allows for the collection of the following information, if applicable:
(A)
Identification of the flight number, type, and registration of the aircraft.
(B)
The date of the reported fume or smoke event onboard the aircraft.
(C)
Description of fumes or smoke in the aircraft, including the nature, intensity, and visual consistency or smell (if any).
(D)
The location of the fumes or smoke in the aircraft.
(E)
The source (if discernible) of the fumes or smoke in the aircraft.
(F)
The phase of flight during which fumes or smoke first became present.
(G)
The duration of the fume or smoke event.138 STAT. 1124
(H)
Any required onboard medical attention for passengers or crew members.
(I)
Any additional factors as determined appropriate by the Administrator or crew member submitting a report.
(3)
Guidelines for submission.—
The Administrator shall issue guidelines on how to submit the information described in paragraph (2).
(4)
Records.
Confirmation of submission.—
Upon submitting the information described in paragraph (2), the submitting party shall receive a duplicate record of the submission and confirmation of receipt.
(5)
Use of information.—
The Administrator—
(A)
may not publicly publish any—
(i)
information specific to a fume or smoke event that is submitted pursuant to this section; and
(ii)
any information that may be used to identify the party submitting such information;
(B)
Public information.
Publication.
may only publicly publish information submitted pursuant to this section that has been aggregated if—
(i)
such information has been validated; and
(ii)
the availability of such information would improve aviation safety;
(C)
Data.
shall maintain a database of such information;
(D)
at the request of an air carrier, shall provide to such air carrier any information submitted pursuant to this section that is relevant to such air carrier, except any information that may be used to identify the party submitting such information;
(E)
may not, without validation, assume that information submitted pursuant to this section is accurate for the purposes of initiating rulemaking or taking an enforcement action;
(F)
may use information submitted pursuant to this section to inform the oversight of the safety management system of an air carrier; and
(G)
may use information submitted pursuant to this section for the purpose of performing a study or supporting a study sponsored by the Administrator.
(c)
National Academies Study on Overall Cabin Air Quality.—
(1)
In general.—
Deadline.
Contracts.
Recommenda-
tions.
Public information.
Not later than 3 years after the date of enactment of this Act, the Administrator shall seek to enter into the appropriate arrangements with the National Academies to conduct a study and issue recommendations to be made publicly available pertaining to cabin air quality and any risk of, and potential for, persistent and accidental fume or smoke events onboard a passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations.(2)
Examination.
Scope.—
In carrying out a study pursuant to paragraph (1), the National Academies shall examine—
(A)
the report issued pursuant to section 326 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and any identified assumptions or gaps described in such report;
(B)
the information collected through the system established pursuant to subsection (b);138 STAT. 1125
(C)
any health risks or impacts of fume or smoke events on flight crews, including flight attendants and pilots, and passengers onboard aircraft operating under part 121 of title 14, Code of Federal Regulations;
(D)
instances of persistent or regularly occurring (as determined by the National Academies) fume or smoke events in such aircraft;
(E)
instances of accidental, unexpected, or irregularly occurring (as determined by the National Academies) fume or smoke events on such aircraft, including whether such accidental events are more frequent during various phases of operations, including ground operations, taxiing, take off, cruise, and landing;
(F)
the air contaminants present during the instances described in subparagraphs (D) and (E) and the probable originating materials of such air contaminants;
(G)
the frequencies, durations, and likely causes of the instances described in subparagraphs (D) and (E); and
(H)
any additional data on fume or smoke events, as determined appropriate by the National Academies.
(3)
Recommendations.—
As a part of the study conducted under paragraph (1), the National Academies shall provide recommendations—
(A)
that, at minimum, address how to—
(i)
improve overall cabin air quality of passenger-carrying aircraft;
(ii)
improve the detection, accuracy, and reporting of fume or smoke events; and
(iii)
reduce the frequency and impact of fume or smoke events; and
(B)
to establish or update standards, guidelines, or regulations that could help achieve the recommendations described in subparagraph (A).
(4)
Records.
Report to congress.—
Not later than 1 month after the completion of the study conducted under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a copy of such study and recommendations submitted with such study.
(d)
Deadline.
Notice.
Rulemaking.—
Not later than 1 year after the completion of the study conducted under subsection (c), the Administrator may, as appropriate to address the safety risks identified as a result of the actions taken pursuant to this section, issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations that may include the following:
(1)
Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving fume or smoke events.
(2)
Required actions and procedures for air carriers to take after receiving a report of an incident involving a fume or smoke event in which at least 1 passenger or crew member required medical attention as a result of such incident.
(3)
Installation onboard aircraft of detectors and other air quality monitoring equipment.
(e)
Fume or Smoke Event Defined.—
In this section, the term “
fume or smoke event
” means an event in which there is an atypical 138 STAT. 1126
noticeable or persistent presence of fumes or air contaminants in the cabin, including, at a minimum, a smoke event.SEC. 363.
49 USC 44705 note.
COMMERCIAL AIR TOUR AND SPORT PARACHUTING SAFETY.
(a)
Safety Requirements for Commercial Air Tour Operators.—
(1)
Safety reforms.—
(A)
Authority to conduct nonstop commercial air tours.—
(i) In general.
In general.Effective date.
—
Subject to clause (ii), beginning on the date that is 2 years after the date a final rule is published pursuant to paragraph (3), no person may conduct commercial air tours unless such person either—
(I)
holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations and conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations; or
(II)
conducts all commercial air tours pursuant to the requirements established by the Administrator under the final rule published pursuant to paragraph (3).
(ii)
Small business exception.—
The provisions of clause (i) shall not apply to a person who conducts 100 or fewer commercial air tours in a calendar year.
(B)
Additional safety requirements.—
(i)
Deadline.
Regulations.
In general.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall issue new or revised regulations to require a commercial air tour operator seeking to conduct an operation with a removed or modified door and a person conducting aerial photography operations seeking to conduct an operation with a removed or modified door to receive approval from the Administrator prior to conducting such operation.
(ii)
Conditions and restrictions.—
In issuing new or revised regulations under clause (i), the Administrator may impose such conditions and restrictions as determined necessary for safety.
(iii)
Considerations.—
In issuing new or revised regulations under clause (i), the Administrator shall require a commercial air tour operator to demonstrate to any representative of the FAA, upon request, that a pilot authorized to operate such an air tour has received avoidance training for controlled flight into terrain and in-flight loss of control. Such training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low-visibility environments with special attention paid to research available as of the date of enactment of this Act on human factors issues involved in such accidents, including, at a minimum—138 STAT. 1127
(I)
specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents;
(II)
pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules;
(III)
use of terrain awareness displays;
(IV)
spatial disorientation risk factors and countermeasures; and
(V)
strategies for maintaining control, including the use of automated systems.
(2)
Aviation rulemaking committee.—
(A) In general.
In general.Review.
Recommenda-
tions.
—
The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of commercial air tours.
(B)
Considerations.—
The aviation rulemaking committee convened under subparagraph (A) shall consider, at a minimum—
(i)
potential changes to operations regulations or requirements for commercial air tours, including requiring—
(I)
the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations; and
(II)
the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations;
(ii)
establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues;
(iii)
requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program under section 13.401 of title 14, Code of Federal Regulations (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods);
(iv)
requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program;
(v)
establishing methods to provide effective terrain awareness and warning; and
(vi)
establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring commercial air tour operators that operate within such areas be equipped with an automatic dependent surveillance-broadcast out- and in-supported traffic advisory system that—
(I)
includes both visual and aural alerts;138 STAT. 1128
(II)
is driven by an algorithm designed to eliminate nuisance alerts; and
(III)
is operational during all flight operations.
(vii)
codifying and uniformly applying Living History Flight Experience exemption conditions and limitations.
(C)
Membership.—
The aviation rulemaking committee convened under subparagraph (A) shall consist of members appointed by the Administrator, including—
(i)
representatives of industry, including manufacturers of aircraft and aircraft technologies;
(ii)
air tour operators or organizations that represent such operators; and
(iii)
aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations.
(D)
Duties.—
(i) In general.
In general.Recommenda-
tions.
—
The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (vi) of subparagraph (B).
(ii)
Considerations.—
In carrying out the duties of the aviation rulemaking committee under clause (i), the Administrator shall direct the aviation rulemaking committee to consider—
(I)
recommendations of the National Transportation Safety Board;
(II)
recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements for commercial operators under part 135 of title 14, Code of Federal Regulations;
(III)
recommendations from industry safety organizations, including the Vertical Aviation Safety Team, the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team;
(IV)
scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends;
(V)
appropriate use of data for modifying behavior to prevent accidents;
(VI)
the need to accommodate technological advancements in flight data recording technology;
(VII)
data gathered from aviation safety reporting programs;
(VIII)
appropriate methods to provide effective terrain awareness and warning system protections while mitigating nuisance alerts for aircraft;
(IX)
the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations;138 STAT. 1129
(X)
the need to accommodate diversity of operations and mission sets;
(XI)
benefits of third-party data analysis for large and small operations;
(XII)
accommodations necessary for small businesses; and
(XIII)
other issues, as necessary.
(E)
Reports and regulations.—
Not later than 20 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee.
(3)
Rulemaking required.—
(A)
Notice of proposed rulemaking.—
Not later than 1 year after the date the Administrator submits a report under paragraph (2)(E), the Administrator shall issue a notice of proposed rulemaking establishing increasing safety regulations for commercial air tour operators based on the recommendations of the rulemaking committee established under paragraph (2).
(B)
Contents.—
The notice of proposed rulemaking under subparagraph (A) shall require, at a minimum—
(i)
the adoption of pilot training standards that are comparable, as applicable, to the standards under subpart H of part 135 of title 14, Code of Federal Regulations for commercial tour operators;
(ii)
the adoption of maintenance standards that are comparable, as applicable, to the standards under subpart J of part 135 of title 14, Code of Federal Regulations for commercial tour operators; and
(iii)
that beginning on a date determined appropriate by the Administrator, a helicopter operated by a commercial air tour operator be equipped with an approved flight data monitoring system capable of recording flight performance data.
(C) Final rule.
Final rule.Deadline.
—
Not later than 2 years after the issuance of a notice of proposed rulemaking under subparagraph (A), the Administrator shall finalize the rule.
(b)
Safety Requirements for Sport Parachute Operations.—
(1) Aviation rulemaking committee.
Aviation rulemaking committee.Review.
Recommenda-
tions.
—
The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of sport parachute operations.
(2)
Contents.—
This aviation rulemaking committee convened under paragraph (1) shall consider, at a minimum—
(A)
potential regulatory action governing parachute operations that are conducted in the United States and are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address—
(i)
whether FAA-approved aircraft maintenance and inspection programs that consider, at a minimum, minimum equipment standards informed by recommended maintenance instructions of engine manufacturers, such as service bulletins and service information letters for time between overhauls and component life limits, should be implemented; and138 STAT. 1130
(ii)
initial and annual recurrent pilot training and proficiency checks for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and
(B)
the revision of guidance material contained in the advisory circular of the FAA titled “Sport Parachuting” (AC 105–2E) to include guidance for parachute operations in implementing the FAA-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations; and
(C)
the revision of guidance materials issued in the order of the FAA titled “Flight Standards Information Management System” (FAA Order 8900.1), to include guidance for FAA inspectors who oversee an operation conducted under—
(i)
part 91 of title 14, Code of Federal Regulations; and
(ii)
an exception specified in section 119.1(e) of title 14, Code of Federal Regulations.
(3) Membership.
Membership.Appointments.
—
The aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including—
(A)
representatives of industry, including manufacturers of aircraft and aircraft technologies;
(B)
parachute operators, or organizations that represent such operators; and
(C)
aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations.
(4)
Duties.—
(A) In general.
In general.Recommenda-
tions.
—
The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (2).
(B)
Considerations.—
In carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider—
(i)
findings and recommendations of the National Transportation Safety Board, as relevant, and specifically such findings and recommendations related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii;
(ii)
recommendations of previous aviation rulemaking committees that considered similar issues;
(iii)
recommendations from industry safety organizations, including, at a minimum, the United States Parachute Association;
(iv)
appropriate use of data for modifying behavior to prevent accidents;
(v)
data gathered from aviation safety reporting programs;138 STAT. 1131
(vi)
the need to accommodate diversity of operations and mission sets;
(vii)
accommodations necessary for small businesses; and
(viii)
other issues as necessary.
(5)
Reports and regulations.—
(A)
In general.—
Not later than 36 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee.
(B) Contents.
Contents.Recommenda-
tions.
—
The report under subparagraph (A) shall include—
(i)
any recommendations submitted by the aviation rulemaking committee; and
(ii)
any actions the Administrator intends to initiate, if necessary, as a result of such recommendations.
(c)
Definitions.—
In this section:
(1)
Air carrier.—
The term “
air carrier
” has the meaning given such term in section 40102 of title 49, United States Code.(2)
Commercial air tour.—
The term “
commercial air tour
” has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.(3)
Commercial air tour operator.—
The term “
commercial air tour operator
” has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.(4)
Parachute operation.—
The term “
parachute operation
” has the meaning given such term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).SEC. 364.
49 USC 44715 note.
HAWAII AIR NOISE AND SAFETY TASK FORCE.
(a)
Participation.—
To the extent acceptable to the State of Hawaii, the Administrator shall participate as a technical advisor in the air noise and safety task force established by State legislation in the State of Hawaii.
(b) Rulemaking.
Rulemaking.Deadline.
Recommenda-
tions.
—
Not later than 18 months after the date on which the task force described in subsection (a) delivers findings and consensus recommendations to the FAA, the Administrator shall, consistent with maintaining the safety and efficiency of the national airspace system—
(1)
issue an intent to proceed with a proposed rulemaking;
(2)
take other action sufficient to carry out feasible, consensus recommendations; or
(3)
Statement.
Determination.
issue a statement determining that no such rule or other action is warranted, including a detailed explanation of the rationale for such determination.
(c)
Considerations.—
In determining whether to proceed with a proposed rulemaking, guidance, or other action under subsection (b) and, if applicable, in developing the proposed rule, guidance, or carrying out the other action, the Administrator shall consider the findings and consensus recommendations of the task force described in subsection (a).
(d)
Authorities.—
In issuing the rule, guidance, or carrying out the other action described in subsection (b), the Administrator may take actions in the State of Hawaii to—138 STAT. 1132
(1)
provide commercial air tour operators with preferred routes, times, and minimum altitudes for the purpose of noise reduction, so long as such recommendations do not negatively impact safety conditions;
(2)
provide commercial air tour operators with information regarding quiet aircraft technology; and
(3)
Public information.
establish a method for residents of the State of Hawaii to publicly report noise disruptions due to commercial air tours and for commercial air tour operators to respond to complaints.
(e)
Rule of Construction.—
Nothing in this section shall be construed as providing the Administrator with authority to ban commercial air tour flights in the State of Hawaii for the purposes of noise reduction.
(f)
Definitions.—
In this section:
(1)
Commercial air tour.—
The term “
commercial air tour
” has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.(2)
Commercial air tour operator.—
The term “
commercial air tour operator
” has the meaning given such term in section 136.1 of title 14, Code of Federal Regulations.SEC. 365.
49 USC 44701 note.
MODERNIZATION AND IMPROVEMENTS TO AIRCRAFT EVACUATION.
(a)
Study.—
(1) In general.
In general.Deadline.
—
Not later than 1 year after the date of enactment of this Act, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations.
(2)
Contents.—
(A)
Requirements.—
The study required under paragraph (1) shall include—
(i)
Analysis.
Evaluation.
a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards;
(ii)
Assessment.
Recommenda-
tions.
an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;
(iii)
Assessment.
Recommenda-
tions.
an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including passengers who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;
(iv)
the research proposed in National Transportation Safety Board Safety Recommendation A–18–009; and
(v)
Analysis.
any other analysis determined appropriate by the Administrator.138 STAT. 1133
(B)
Considerations.—
In conducting the study under paragraph (1), the Administrator shall assess the following:
(i)
The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane.
(ii)
The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane.
(iii)
The ability of passengers with disabilities to safely and efficiently evacuate a transport category airplane.
(iv)
The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane.
(v)
The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane.
(vi)
The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(vii)
The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(viii)
The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(ix)
With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(x)
The impact of passenger load on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(xi)
The impact of animals approved to accompany a passenger, including service animals, on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(xii)
Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing in any case in which the Administrator determines that the new aircraft design is significant.
(xiii)
Any other factor determined appropriate by the Administrator.
(C)
Definitions.—
In this paragraph:
(i)
Passenger load.—
The term “
passenger load
” means the number of passengers relative to the number of seats onboard the aircraft.138 STAT. 1134(ii)
Passengers with disabilities.—
The term “
passengers with disabilities
” means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations.(b)
Aviation Rulemaking Committee for Evacuation Standards.—
(1) In general.
In general.Deadline.
Establishment.
—
Not later than 180 days after the completion of the study conducted under subsection (a), the Administrator shall establish an aviation rulemaking committee (in this section referred to as the “Committee”) to—
(A)
Review.
review the findings of the study; and
(B)
Recommenda-
tions.
develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations.
(2)
Composition.—
The Committee shall consist of members appointed by the Administrator, including the following:
(A)
Representatives of industry.
(B)
Representatives of aviation labor organizations.
(C)
Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121.
(D)
Representatives of individuals with disabilities with specific knowledge of accessibility standards regarding evacuations in emergency circumstances.
(E)
Representatives of the senior citizen community.
(F)
Representatives of pediatricians.
(3)
Considerations.—
In reviewing the findings of the study conducted under subsection (a) and developing recommendations regarding the improvement of the evacuation standards under subsection (b)(1)(B), the Committee shall consider the following:
(A)
The recommendations made by any prior aviation rulemaking committee regarding the evacuation standards described in such parts 25 and 121.
(B)
Scientific data derived from the study conducted under subsection (a).
(C)
Any data gathered from aviation safety reporting programs.
(D)
The cost-benefit analysis and risk analysis of any recommended standards.
(E)
Any other item determined appropriate by the Committee.
(c)
Report to Congress.—
Not later than 180 days after the date on which the Committee submits to the Administrator the recommendations under subsection (b)(1)(B), the Administrator shall submit to the appropriate committees of Congress a report on—
(1)
the findings of the study conducted under subsection (a);
(2)
the recommendations of the Committee under subsection (b)(1)(B); and
(3)
the Administrator’s plan, if any, to implement such recommendations.
(d) Rulemaking.
Rulemaking.Notice.
—
Not later than 90 days after submitting to Congress the report under subsection (c), the Administrator shall 138 STAT. 1135
issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator considers appropriate.
SEC. 366.
49 USC 44701 note.
25-HOUR COCKPIT VOICE RECORDER.
(a)
Deadlines.
In General.—
(1)
Cockpit voice recorder for newly manufactured aircraft.—
A covered operator may not operate a covered aircraft manufactured later than the date that is 1 year after the date of enactment of this Act unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision.
(2)
Cockpit voice recorder for covered aircraft.—
Not later than 6 years after the date of enactment of this Act, a covered operator may not operate a covered aircraft unless such aircraft has a cockpit voice recorder installed that retains the last 25 hours of recorded information using a recorder that meets the standards of Technical Standard Order TSO–C123c, or any later revision.
(b)
Prohibited Use.—
The Administrator or any covered operator may not use a cockpit voice recorder recording for a certificate action, civil penalty, or disciplinary proceedings against a flight crewmember.
(c)
Deadline.
Rulemaking.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall—
(1)
issue a final rule to update applicable regulations, as necessary, to conform to the requirements of subsection (a)(2); and
(2)
issue a rule to update applicable regulations, as necessary, to ensure, to the greatest extent practicable, that any data from a cockpit voice recorder—
(A)
is protected from unlawful or unauthorized disclosure to the public;
(B)
is used exclusively by a Federal agency or a foreign accident investigative agency for a criminal investigation, aircraft accident, or aircraft incident investigation; and
(C)
is not deliberately erased or tampered with following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, for which civil and criminal penalties may be assessed in accordance with section 1155 of title 49, United States Code, and section 32 of title 18, United States Code.
(d)
Savings Clause.—
Nothing in this section shall be construed as rescoping, constraining, or otherwise mandating delays to FAA actions in the notice of proposed rulemaking titled “25–Hour Cockpit Voice Recorder (CVR) Requirements, New Aircraft Production”, issued on December 4, 2023 (88 Fed. Reg. 84090).
(e)
Rule of Construction.—
Nothing in this section shall be construed to affect—
(1)
the confidentiality of recording and transcripts under section 1114(c) of title 49, United States Code;
(2)
the ban on recording for civil penalty or certificate under section 121.359(h) of title 14, Code of Federal Regulations; or138 STAT. 1136
(3)
the prohibition against use of data from flight operational quality assurance programs for enforcement purposes under section 13.401 of title 14, Code of Federal Regulations.
(f)
Definitions.—
In this section:
(1)
Covered aircraft.—
The term “
covered aircraft
” means—(A)
an aircraft operated by an air carrier under part 121 of title 14, Code of Federal Regulations; or
(B)
a transport category aircraft designed for operations by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative of such an aircraft.
(2)
Covered operator.—
The term “
covered operator
” means the operator of a covered aircraft.SEC. 367.
SENSE OF CONGRESS REGARDING MANDATED CONTENTS OF ONBOARD EMERGENCY MEDICAL KITS.
It is the sense of Congress that—
(1)
a regularly scheduled panel of experts should reexamine and provide an updated list of mandated contents of onboard emergency medical kits that is thorough and practical, keeping passenger safety and well-being paramount; and
(2)
such panel should consider including on the list of mandated contents of such medical kits, at a minimum, opioid overdose reversal medication.
SEC. 368.
49 USC 44701 note.
PASSENGER AIRCRAFT FIRST AID AND EMERGENCY MEDICAL KIT EQUIPMENT AND TRAINING.
(a)
Deadline.
Notice.
In General.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking regarding first aid and emergency medical kit equipment and training required for flight crewmembers, as provided in part 121 of title 14, Code of Federal Regulations, applicable to all certificate holders operating passenger aircraft under such part.
(b)
Considerations.—
In carrying out subsection (a), the Administrator shall consider—
(1)
the benefits and costs (including the costs of flight diversions and emergency landings) of requiring any new medications or equipment necessary to be included in approved emergency medical kits;
(2)
whether the contents of the emergency medical kits include, at a minimum, appropriate medications and equipment that can practicably be administered to address—
(A)
the emergency medical needs of children and pregnant women;
(B)
opioid overdose reversal;
(C)
anaphylaxis; and
(D)
cardiac arrest;
(3)
what contents of the emergency medical kits should be readily available, to the extent practicable, for use by flight crews without prior approval by a medical professional.
(c)
Deadline.
Time period.
Regular Review.—
Not later than 5 years after the issuance of the final rule under subsection (a), and every 5 years thereafter, the Administrator shall evaluate and revise, if appropriate—
(1)
the first aid and emergency medical kit equipment and training required for flight crewmembers; and138 STAT. 1137
(2)
any required training for flight crewmembers regarding the content, location, and function of such kit.
SEC. 369.
INTERNATIONAL AVIATION SAFETY ASSESSMENT PROGRAM.
(a)
Aviation Safety Oversight Measures Carried Out by Foreign Countries.—
Chapter 447 of title 49, United States Code, is further amended by .
adding
at the end the following:Ҥ 44747.
Notifications.
49 USC 44747.
Aviation safety oversight measures carried out by foreign countries
“(a)
Assessment.—
“(1)
In general.—
On a regular basis, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess aviation safety oversight measures carried out by any foreign country—
“(A)
from which a foreign air carrier is conducting foreign air transportation to and from the United States;
“(B)
from which a foreign air carrier seeks to conduct foreign air transportation to and from the United States;
“(C)
whose air carriers carry or seek to carry the code of a United States air carrier; or
“(D)
as determined appropriate by the Administrator.
“(2)
Consultation and criteria.—
In conducting an assessment described in paragraph (1), the Administrator shall—
“(A)
consult with the appropriate authorities of the government of the foreign country;
“(B)
Determination.
determine the efficacy with which such foreign country carries out and complies with its aviation safety oversight responsibilities consistent with—
“(i)
the Convention on International Civil Aviation (in this section referred to as the ‘Chicago Convention’);
“(ii)
international aviation safety standards; and
“(iii)
recommended practices set forth by the International Civil Aviation Organization;
“(C)
use a standard approach and methodology that will result in an analysis of the aviation safety oversight activities of such foreign country that are carried out to meet the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment, or any such successor documents; and
“(D)
identify instances of noncompliance pertaining to the aviation safety oversight activities of such foreign country consistent with the Chicago Convention, international aviation safety standards, and recommended practices set forth by the International Civil Aviation Organization.
“(3)
Findings of noncompliance.—
In any case in which the assessment described in subsection (a)(1) finds an instance of non-compliance, the Administrator shall—
“(A)
notify the foreign country that is the subject of such finding;
“(B)
Deadline.
Recommenda-
tions.
not later than 90 days after transmission of such notification, request and initiate final discussions with the foreign country to recommend actions by which the foreign country can mitigate the noncompliance; and138 STAT. 1138
“(C)
after the discussions described in subparagraph (B) have concluded, determine whether or not the noncompliance finding has been corrected;
“(b)
Consultation.
Uncorrected Non-compliance.—
If the Administrator finds that such foreign country has not corrected the non-compliance by the close of such final discussions—
“(1)
the Administrator shall notify the Secretary of Transportation and the Secretary of State that the condition of noncompliance remains;
“(2)
the Administrator, after consulting with informing the Secretary of Transportation and the Secretary of State, shall notify the foreign country of such finding; and
“(3)
notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that—
“(A)
provides or seeks to provide foreign air transportation to and from the United States; or
“(B)
carries or seeks to carry the code of an air carrier.
“(c)
Determination.
Authority.—
Notwithstanding subsections (a) and (b), the Administrator retains the ability to take immediate safety oversight actions if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, as needed, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from such foreign country. In this event that the Administrator makes a determination under this subsection, the Administrator shall immediately notify the Secretary of State of such determination so that the Secretary of State may issue a travel advisory with respect to such foreign country.
“(d)
Public Notification.—
“(1)
In general.—
In any case in which the Administrator provides notification to a foreign country under subsection (b)(2), the Administrator shall—
“(A)
Recommenda-
tions.
recommend the actions necessary to bring such foreign country into compliance with the international standards contained in the Chicago Convention;
“(B)
Web posting.
Federal Register, publication.
Notice.
Public information.
publish the identity of such foreign country on the website of the Federal Aviation Administration, in the Federal Register, and through other mediums appropriate to provide notice to the public; and
“(C)
brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the identity of such foreign country and a summary of any critical safety information resulting from an assessment described in subsection (a)(1).
“(2)
Compliance.—
If the Administrator finds that a foreign country subsequently corrects all outstanding noncompliances, the Administrator, after consulting with the appropriate civil aviation authority of such foreign country and notifying the Secretary of Transportation and the Secretary of State, shall take actions as necessary to ensure the updated compliance status is reflected, including in the mediums invoked in paragraph (1)(B).138 STAT. 1139
“(e)
Accuracy of the IASA List.—
A foreign country that does not have foreign air carrier activity, as described in subsection (a)(1), for an extended period of time, as determined by the Administrator, shall be removed for inactivity from the public listings described in subsection (d)(1)(B), after informing the Secretary of Transportation and the Secretary of State.
“(f)
Consistency.—
“(1)
Data.
In general.—
The Administration shall use data, tools, and methods that ensure transparency and repeatability of assessments conducted under this section.
“(2)
Training.—
The Administrator shall ensure that Administration personnel are properly and adequately trained to carry out the assessments set forth in this section, including with respect to the standards, methodology, and material used to make determinations under this section.”
(b)
Time period.
Report to Congress.—
Not later than 2 years after the date of enactment of this Act, and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the assessments conducted under the amendments made by this section, including the results of any corrective actions taken by noncompliant foreign countries.
(c)
Clerical Amendment.—
The analysis for chapter 447 of title 49, United States Code,
49 USC
prec. 44701.
is further amended byadding
at the end the following:“44747.
Aviation safety oversight measures carried out by foreign countries.”.
SEC. 370.
WHISTLEBLOWER PROTECTION ENFORCEMENT.
Section 42121(b) of title 49, United States Code,
is amended
—(1)
in the subsection heading by
striking
“Department of labor complaint procedure” and inserting
“Department of labor and federal aviation administration complaint procedure”; and(2)
by .
striking
paragraph (5) and inserting
the following:“(5)
Consultation.
Enforcement of order.—
Whenever any person has failed to comply with an order issued under paragraph (3), the Secretary of Labor and the Administrator of the Federal Aviation Administration shall consult with each other to determine the most appropriate action to be taken, in which—
“(A)
the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order, for which, in actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, injunctive relief and compensatory damages; and
“(B)
Penalties.
the Administrator of the Federal Aviation Administration may assess a civil penalty pursuant to section 46301.”
SEC. 371.
CIVIL PENALTIES FOR WHISTLEBLOWER PROTECTION PROGRAM VIOLATIONS.
Section 46301(d)(2) of title 49, United States Code,
is amended
by inserting
“section 42121,” before “chapter 441”.SEC. 372.
49 USC 44703 note.
ENHANCED QUALIFICATION PROGRAM FOR RESTRICTED AIRLINE TRANSPORT PILOT CERTIFICATE.
(a)
Program.—
138 STAT. 1140(1)
Deadline.
Requirements.
In general.—
Not later than 6 months after the date of enactment of this Act, the Administrator shall establish the requirements for a program to be known as the Enhanced Qualification Program (in this section referred to as the “Program”) under which—
(A)
Certification.
qualified air carriers are certified by the Administrator to provide enhanced training for eligible pilots seeking to obtain restricted airline transport certificates, either directly by the air carrier or by a certified training institution under part 141 or part 142 of title 14, Code of Federal Regulations, that is under contract with the qualified air carrier; and
(B)
qualified instructors and evaluators provide enhanced training to eligible pilots pursuant to the curriculum requirements under paragraph (4).
(2)
Qualified instructors and evaluators.—
Under the Program—
(A)
all testing and training shall be performed by qualified instructors; and
(B)
all evaluations shall be performed by qualified evaluators.
(3)
Guidelines.
Pilot assessment.—
Under the Program, the Administrator shall establish guidelines for an assessment that prospective pilots are required to pass in order to participate in the training under the Program.
Evaluation.
Such assessment shall include an evaluation of the pilot’s aptitude, ability, and readiness for operation of transport category aircraft.(4)
Requirements.
Program curriculum.—
Under the Program, the Administrator shall establish requirements for the curriculum to be provided under the Program. Such curriculum shall include—
(A)
a nationally standardized, non-air carrier or aircraft-specific training curriculum which shall—
(i)
ensure prospective pilots have appropriate knowledge at the commercial pilot certificate, multi-engine rating, and instrument rating level;
(ii)
introduce the pilots to concepts associated with air carrier operations;
(iii)
meet all requirements for an ATP Certification Training Program under part 61.156 or part 142 of title 14, Code of Federal Regulations; and
(iv)
include a course of instruction designed to prepare the prospective pilot to take the ATP Multiengine Airplane Knowledge Test;
(B)
an aircraft-specific training curriculum, developed by the air carrier using objectives and learning standards developed by the Administrator, which shall—
(i)
only be administered to prospective pilots who have completed the requirements under subparagraph (A);
(ii)
resemble a type rating training curriculum that includes aircraft ground and flight training that culminates in—
(I)
the completion of a maneuvers evaluation that incorporates elements of a type rating practical test; or138 STAT. 1141
(II)
at the discretion of the air carrier, an actual type rating practical test resulting in the issuance of a type rating for the specific aircraft; and
(iii)
ensure the prospective pilot has an adequate understanding and working knowledge of transport category aircraft automation and autoflight systems; and
(C)
Procedures.
air carrier-specific procedures using objectives and learning standards developed by the Administrator to further expand on the concepts described in subparagraphs (A) and (B), which shall—
(i)
only be administered to prospective pilots who have completed requirements under subparagraphs (A) and (B) and an ATP Multiengine Airplane Knowledge Test;
(ii)
include instructions on air carrier checklist usage and standard operating procedures; and
(iii)
integrate aircraft-specific training in appropriate flight simulation training devices representing the specific aircraft type, including complete crew resource management and scenario-based training.
(5)
Process.
Application and certification.—
Under the Program, the Administrator shall establish a process for air carriers to apply for training program certification. Such
Review.
process shall include a review to ensure that the training provided by the air carrier will meet the requirements of this section, including—(A)
the assessment requirements under paragraph (3);
(B)
the curriculum requirements under paragraph (4);
(C)
the requirements for qualified instructors under subsection (d)(5); and
(D)
the requirements for eligible pilots under subsection (d)(2).
(6)
Requirement.
Oversight.
Data.—
Under the Program, the Administrator shall require that each qualified air carrier participating in the Program collect and submit to the Administrator such data from the Program that the Administrator determines is appropriate for the Administrator to provide for oversight of the Program.
(7)
Regular inspection.—
Under the Program, the Administrator shall provide for the regular inspection of qualified air carriers certified under paragraph (5) to ensure that the air carrier continues to meet the requirements under the Program.
(b)
Guidance.
Regulations.—
The Administrator may issue regulations or guidance as determined necessary to carry out the Program.
(c)
Clarification Regarding Required Flight Hours.—
The provisions of this section shall have no effect on the total flight hours required under part 61.159 of title 14, Code of Federal Regulations, to receive an airline transport pilot certificate, or the Administrator’s authority under section 217(d) of the Airline Safety and Federal Aviation Administration Extension Act of 2010 (49 U.S.C. 44701 note) (as in effect on the date of enactment of this section).
(d)
Definitions.—
In this section:
(1)
Air carrier.—
The term “
air carrier
” has the meaning given that term in section 40102 of title 49, United States Code.138 STAT. 1142(2)
Eligible pilot.—
The term “
eligible pilot
” means a pilot that—(A)
has—
(i)
graduated from a United States Armed Forces undergraduate pilot training school;
(ii)
obtained a degree with an aviation major from an institution of higher education (as defined in part 61.1 of title 14, Code of Federal Regulations) that has been issued a letter of authorization by the Administrator under part 61.169 of such title 14; or
(iii)
completed flight and ground training for a commercial pilot certificate in the airplane category and an airplane instrument rating at a certified training institution under part 141 of such title 14;
(B)
has a current commercial pilot certificate under part 61.123 of such title 14, with airplane category multi-engine and instrument ratings under part 61.129 of such title 14; and
(C)
meets the pilot assessment requirements under subsection (a)(3).
(3)
Qualified air carrier.—
The term “
qualified air carrier
” means an air carrier that has been issued a part 119 operating certificate for conducting operations under part 121 of title 14, Code of Federal Regulations.(4)
Qualified evaluator.—
The term “
qualified evaluator
” means an individual that meets the requirements for a training center evaluator under part 142.55 of title 14, Code of Federal Regulations, or for check airmen under part 121.411 of such title.(5)
Qualified instructor.—
The term “
qualified instructor
” means an individual that—(A)
is qualified in accordance with the minimum training requirements for an ATP Certification Training Program under paragraphs (1) through (3) of part 121.410(b) of title 14, Code of Federal Regulations;
(B)
if the instructor is a flight instructor, is qualified in accordance with part 121.410(b)(4) of such title;
(C)
if the instructor is administering type rating practical tests, is qualified as an appropriate examiner for such rating;
(D)
received training in threat and error management, facilitation, and risk mitigation determined appropriate by the Administrator; and
(E)
meets any other requirement determined appropriate by the Administrator.
Subtitle B—
Aviation Cybersecurity
SEC. 391.
FINDINGS.
Congress finds the following:
(1)
Congress has tasked the FAA with responsibility for securing the national airspace system, including the air traffic control system and other air navigation services, civil aircraft, and aeronautical products and articles through safety regulation and oversight. These mandates have included protecting 138 STAT. 1143
against cyber threats affecting aviation safety or the Administration’s provision of safe, secure, and efficient air navigation services and airspace management.
(2)
In 2016, Congress passed the FAA Extension, Safety, and Security Act of 2016, pursuant to which the FAA enhanced the cybersecurity of the national airspace system by—
(A)
developing a cybersecurity strategic plan;
(B)
coordinating with other Federal agencies to identify cyber vulnerabilities;
(C)
developing a cyber threat model; and
(D)
completing a comprehensive, strategic policy framework to identify and mitigate cybersecurity risks to the air traffic control system.
(3)
In 2018, Congress passed the FAA Reauthorization Act of 2018 which—
(A)
authorized funding for the construction of FAA facilities dedicated to improving the cybersecurity of the national airspace system;
(B)
required the FAA to review and update its comprehensive, strategic policy framework for cybersecurity to assess the degree to which the framework identifies and addresses known cybersecurity risks associated with the aviation system, and evaluate existing short- and long-term objectives for addressing cybersecurity risks to the national airspace system;
(C)
created a Chief Technology Officer position within the FAA to be responsible for, among other things, coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aviation industry and other Federal agencies; and
(D)
directed the National Academy of Sciences to study the cybersecurity workforce of the FAA in order to develop recommendations to increase the size, quality, and diversity of such workforce.
(4)
Congress has declared that the FAA is the primary Federal agency to assess and address the threats posed from cyber incidents relating to FAA-provided air traffic control and air navigation services and the threats posed from cyber incidents relating to civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations, and the aerospace industry affecting aviation safety or the provision of safe, secure, and efficient air navigation services and airspace management by the Administration.
SEC. 392.
AEROSPACE PRODUCT SAFETY.
(a)
Cybersecurity Standards.—
Section 44701(a) of title 49, United States Code,
is amended
—(1)
in paragraph (1) by
inserting
“cybersecurity,” after “quality of work,”; and(2)
in paragraph (5)—
(A)
by
inserting
“cybersecurity and” after “standards for”; and(B)
by
striking
“procedure” and inserting
“procedures”.(b)
Exclusive Rulemaking Authority.—
Section 44701 of title 49, United States Code, .
is amended
by adding
at the end the following:138 STAT. 1144
“(g)
Exclusive Rulemaking Authority.—
Notwithstanding any other provision of law and except as provided in section 40131, the Administrator, in consultation with the heads of such other agencies as the Administrator determines necessary, shall have exclusive authority to prescribe regulations for purposes of assuring the cybersecurity of civil aircraft, aircraft engines, propellers, and appliances.”
SEC. 393.
FEDERAL AVIATION ADMINISTRATION REGULATIONS, POLICY, AND GUIDANCE.
(a)
In General.—
Chapter 401 of title 49, United States Code, .
is amended
by adding
at the end the following:Ҥ 40131.
49 USC 40131.
National airspace system cyber threat management process
“(a)
Establishment.—
The Administrator of the Federal Aviation Administration, in consultation with the heads of other agencies as the Administrator determines necessary, shall establish a national airspace system cyber threat management process to protect the national airspace system cyber environment, including the safety, security, and efficiency of air navigation services provided by the Administration.
“(b)
Issues To Be Addressed.—
In establishing the national airspace system cyber threat management process under subsection (a), the Administrator shall, at a minimum—
“(1)
monitor the national airspace system for significant cybersecurity incidents;
“(2)
in consultation with appropriate Federal agencies, evaluate the cyber threat landscape for the national airspace system, including updating such evaluation on both annual and threat-based timelines;
“(3)
conduct national airspace system cyber incident analyses;
“(4)
create a cyber common operating picture for the national airspace system cyber environment;
“(5)
coordinate national airspace system significant cyber incident responses with other appropriate Federal agencies;
“(6)
track significant cyber incident detection, response, mitigation implementation, recovery, and closure;
“(7)
establish a process, or utilize existing processes, to share relevant significant cyber incident data related to the national airspace system;
“(8)
facilitate significant cybersecurity reporting, including through the Cybersecurity and Infrastructure Agency; and
“(9)
consider any other matter the Administrator determines appropriate.
“(c)
Definitions.—
In this section:
“(1)
Cyber common operating picture.—
The term ‘
cyber common operating picture
’ means the correlation of a detected cyber incident or cyber threat in the national airspace system and other operational anomalies to provide a holistic view of potential cause and impact.“(2)
Cyber environment.—
The term ‘
cyber environment
’ means the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications 138 STAT. 1145
networks, computer systems, and embedded processors and controllers.“(3)
Cyber incident.—
The term ‘
cyber incident
’ means an action that creates noticeable degradation, disruption, or destruction to the cyber environment and causes a safety or other negative impact on operations of—“(A)
the national airspace system;
“(B)
civil aircraft; or
“(C)
aeronautical products and articles.
“(4)
Cyber threat.—
The term ‘
cyber threat
’ means the threat of an action that, if carried out, would constitute a cyber incident or an electronic attack.“(5)
Electronic attack.—
The term ‘
electronic attack
’ means the use of electromagnetic spectrum energy to impede operations in the cyber environment, including through techniques such as jamming or spoofing.“(6)
Significant cyber incident.—
The term ‘
significant cyber incident
’ means a cyber incident, or a group of related cyber incidents, that the Administrator determines is likely to result in demonstrable harm to the national airspace system of the United States.”(b)
Clerical Amendment.—
The analysis for chapter 401 of title 49, United States Code,
49 USC
prec. 40101.
is amended
by adding
at the end the following:“40131.
National airspace system cyber threat management process.”.
SEC. 394.
SECURING AIRCRAFT AVIONICS SYSTEMS.
Section 506(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44704 note)
is amended
—(1)
in the matter preceding paragraph (1) by
striking
“consider, where appropriate, revising” and inserting
“revise, as appropriate, existing”;(2)
in paragraph (1) by
striking
“and” at the end;(3)
in paragraph (2) by
striking
the period at the end and inserting
“; and”; and(4)
by .
adding
at the end the following:“(3)
to establish a process and timeline by which software-based systems and equipment, including aircraft flight critical systems of aircraft operated under part 121 of title 14, Code of Federal Regulations, can be regularly screened to attempt to determine whether the software-based systems and equipment have been compromised by unauthorized external or internal access.”
SEC. 395.
49 USC 40131 note.
CIVIL AVIATION CYBERSECURITY RULEMAKING COMMITTEE.
(a)
Deadline.
Reviews.
In General.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall convene an aviation rulemaking committee on civil aircraft cybersecurity to conduct reviews (as segmented under subsection (c)) and develop findings and recommendations on cybersecurity standards for civil aircraft, aircraft ground support information systems, airports, air traffic control mission systems, and aeronautical products and articles.
(b)
Reports.
Duties.—
The Administrator shall—
(1)
for each segmented review conducted by the committee convened under subsection (a), submit to the appropriate committees of Congress a report based on the findings of such review; and138 STAT. 1146
(2)
not later than 180 days after the date of submission of a report under paragraph (1) and, in consultation with other agencies as the Administrator determines necessary, for consensus recommendations reached by such aviation rulemaking committee—
(A)
undertake a rulemaking, if appropriate, based on such recommendations; and
(B)
submit to the appropriate committees of Congress a supplemental report with explanations for each consensus recommendation not addressed, if applicable, by a rulemaking under subparagraph (A).
(c)
Segmentation.—
In tasking the aviation rulemaking committee with developing findings and recommendations relating to aviation cybersecurity, the Administrator shall direct such committee to segment and sequence work by the topic or subject matter of regulation, including by directing the committee to establish subgroups to consider different topics and subject matters.
(d)
Composition.—
The aviation rulemaking committee convened under subsection (a) shall consist of members appointed by the Administrator, including representatives of—
(1)
aircraft manufacturers, to include at least 1 manufacturer of transport category aircraft;
(2)
air carriers;
(3)
unmanned aircraft system stakeholders, including operators, service suppliers, and manufacturers of hardware components and software applications;
(4)
manufacturers of powered-lift aircraft;
(5)
airports;
(6)
original equipment manufacturers of ground and space-based aviation infrastructure;
(7)
aviation safety experts with specific knowledge of aircraft cybersecurity; and
(8)
a nonprofit which operates 1 or more federally funded research and development centers with specific knowledge of aviation and cybersecurity.
(e)
Requirements.
Member Eligibility.—
Prior to a member’s appointment under subsection (c), the Administrator shall establish appropriate requirements related to nondisclosure, background investigations, security clearances, or other screening mechanisms for applicable members of the aviation rulemaking committee who require access to sensitive security information or other protected information relevant to the member’s duties on the rulemaking committee. Members shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.
(f)
Prohibition on Compensation.—
The members of the aviation rulemaking committee convened under subsection (a) shall not receive pay, allowances, or benefits from the Government by reason of their service on such committee.
(g)
Considerations.—
The Administrator may direct such committee to consider—
(1)
existing aviation cybersecurity standards, regulations, policies, and guidance, including those from other Federal agencies, and the need to harmonize or deconflict proposed and existing standards, regulations, policies, and guidance;
(2)
threat- and risk-based security approaches used by the aviation industry, including the assessment of the potential costs and benefits of cybersecurity actions;138 STAT. 1147
(3)
data gathered from cybersecurity or safety reporting;
(4)
the diversity of operations and systems on aircraft and amongst air carriers;
(5)
design approval holder aircraft network security guidance for operators;
(6)
FAA services, aviation industry services, and aircraft use of positioning, navigation, and timing data in the context of Executive Order No. 13905, as in effect on the date of enactment of this Act;
(7)
updates needed to airworthiness regulations and systems safety assessment methods used to show compliance with airworthiness requirements for design, function, installation, and certification of civil aircraft, aeronautical products and articles, and aircraft networks;
(8)
updates needed to air carrier operating and maintenance regulations to ensure continued adherence with processes and procedures established in airworthiness regulations to provide cybersecurity protections for aircraft systems, including for continued airworthiness;
(9)
policies and procedures to coordinate with other Federal agencies, including intelligence agencies, and the aviation industry in sharing information and analyses related to cyber threats to civil aircraft information, data, networks, systems, services, operations, and technology and aeronautical products and articles;
(10)
the response of the Administrator and aviation industry to, and recovery from, cyber incidents, including by coordinating with other Federal agencies, including intelligence agencies;
(11)
processes for members of the aviation industry to voluntarily report to the FAA cyber incidents that may affect aviation safety in a manner that protects trade secrets and confidential business information;
(12)
appropriate cybersecurity controls for aircraft networks, aircraft systems, and aeronautical products and articles to protect aviation safety, including airworthiness;
(13)
appropriate cybersecurity controls for airports relative to the size and nature of airside operations of such airports to ensure aviation safety;
(14)
minimum standards for protecting civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations from cyber threats and cyber incidents;
(15)
international collaboration, where appropriate and consistent with the interests of aviation safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities to protect civil aviation from cyber incidents and cyber threats;
(16)
activities of the Administrator under section 506 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44704 note) (as amended by section 394); and
(17)
any other matter the Administrator determines appropriate.
(h)
Definitions.—
The definitions set forth in section 40131 of title 49, United States Code (as added by this subtitle), shall apply to this section.138 STAT. 1148
SEC. 396.
GAO REPORT ON CYBERSECURITY OF COMMERCIAL AVIATION AVIONICS.
(a)
Review.
In General.—
The Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework of principles and policies developed pursuant to section 2111 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44903 note).
(b)
Assessment.
Contents.—
In carrying out the review under subsection (a), the Comptroller General shall assess—
(1)
how onboard aircraft cybersecurity risks and vulnerabilities are defined, identified, and accounted for in the comprehensive and strategic framework described in subsection (a), including how the implementation of such framework protects and defends FAA networks and systems to mitigate risks to FAA missions and service delivery;
(2)
how onboard aircraft cybersecurity, particularly of aircraft avionics, is considered, incorporated, and prioritized for mitigation in the cybersecurity strategy, including pursuant to the framework described in paragraph (1);
(3)
how the Transportation Security Agency and FAA differentiate and manage the roles and responsibilities for the cybersecurity of aircraft and ground systems;
(4)
how cybersecurity vulnerabilities of aircraft and ground systems are considered, incorporated, and prioritized for mitigation in the cybersecurity strategy; and
(5)
the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities.
(c)
Report Required.—
Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report containing the results of the review required by this section to—
(1)
the appropriate committees of Congress;
(2)
the Committee on Homeland Security of the House of Representatives; and
(3)
the Committee on Homeland Security and Governmental Affairs of the Senate.
TITLE IV—
AEROSPACE WORKFORCE
SEC. 401.
REPEAL OF DUPLICATIVE OR OBSOLETE WORKFORCE PROGRAMS.
(a)
Repeal.—
Sections 44510 and 44515 of title 49, United States Code, are
repealed
.(b)
Clerical Amendments.—
The analysis for chapter 445 of title 49, United States Code,
49 USC
prec. 44501.
is amended
by striking
the items relating to sections 44510 and 44515.SEC. 402.
49 USC 44703 note.
CIVIL AIRMEN STATISTICS.
(a)
Publication Frequency.—
The Administrator shall publish the study commonly referred to as the “U.S. Civil Airmen Statistics” on a monthly basis.
(b)
Public information.
Website.
Presentation of Data.—
The Administrator shall make the data from the study under subsection (a) publicly available 138 STAT. 1149
on the website of the Administration in a user-friendly, downloadable format.
(c)
Deadline.
Expanded Data Criteria.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall ensure that data sets and tables published as part of the study described in subsection (a) display information relating to the sex of certificate holders in more instances.
(d)
Deadline.
Website.
Historical Data.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall make all previously published annual data from the study described in subsection (a) available on the website of the Administration.
SEC. 403.
BESSIE COLEMAN WOMEN IN AVIATION ADVISORY COMMITTEE.
(a)
Deadline.
Establishment.—
Not later than 6 months after the date of enactment of this Act, the Secretary shall establish the Bessie Coleman Women in Aviation Advisory Committee (in this section referred to as the “Committee”).
(b)
Purpose.—
The Committee shall advise the Secretary and the Administrator on matters and policies related to promoting the recruitment, retention, employment, education, training, career advancement, and well-being of women in the aviation industry and aviation-focused Federal civil service positions.
(c)
Form of Directives.—
All activities carried out by the Committee, including special committees, shall be in response to written terms of work from the Secretary or taskings approved by a majority of the voting members of the Committee and may not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee.
(d)
Functions.—
In carrying out the directives described in subsection (c), the functions of the Committee are as follows:
(1)
Foster industry collaboration in an open and transparent manner by engaging, as prescribed by this section, with representatives of the private sector associated with an entity described in subsection (e)(1)(B).
(2)
Make recommendations for strategic objectives, priorities, and policies that would improve the recruitment, retention, training, and career advancement of women in aviation professions.
(3)
Evaluate opportunities for the Administration to improve the recruitment and retention of women in the Administration.
(4)
Periodically review and update the recommendations directed to the FAA and non-FAA entities produced by the Advisory Board created pursuant to section 612 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) to improve the implementation of such recommendations.
(5)
Coordinate with the Office of Civil Rights of the Department of Transportation and the Federal Women’s Program of the FAA to ensure directives described in subsection (c) do not duplicate objectives of such office or program.
(e)
Membership.—
(1)
Voting members.—
The Committee shall be composed of the following members:
(A)
The Administrator, or the designee of the Administrator.138 STAT. 1150
(B)
Appointments.
At least 25 individuals, appointed by the Secretary, representing the following:
(i)
Aircraft manufacturers and aerospace companies.
(ii)
Public and private aviation labor organizations, including collective bargaining representatives of—
(I)
aviation safety inspectors and safety engineers of the FAA;
(II)
air traffic controllers;
(III)
certified aircraft maintenance technicians; and
(IV)
commercial airline crewmembers.
(iii)
General aviation operators.
(iv)
Air carriers.
(v)
Business aviation operators, including powered-lift operators.
(vi)
Unmanned aircraft systems operators.
(vii)
Aviation safety management experts.
(viii)
Aviation maintenance, repair, and overhaul entities.
(ix)
Airport owners, operators, and employees.
(x)
Institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).
(xi)
A flight school that provides flight training, as defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations.
(xii)
Aviation maintenance technician schools governed under part 147 of title 14, Code of Federal Regulations.
(xiii)
Engineering business associations.
(xiv)
Civil Air Patrol.
(xv)
Nonprofit organizations within the aviation industry.
(2)
Nonvoting members.—
(A)
Appointments.
In general.—
In addition to the members appointed under paragraph (1), the Committee shall be composed of not more than 5 nonvoting members appointed by the Secretary from among officers or employees of the FAA, at least 1 of which shall be an employee of the Office of Civil Rights of the FAA.
(B)
Additional nonvoting members.—
The Secretary may invite representatives from the Department of Education and Department of Labor to serve as nonvoting members on the Committee.
(C)
Duties.—
The nonvoting members may—
(i)
take part in deliberations of the Committee; and
(ii)
provide subject matter expertise with respect to reports and recommendations of the Committee.138 STAT. 1151
(D)
Limitation.—
The nonvoting members may not represent any stakeholder interest other than that of the respective Federal agency of the member.
(3)
Terms.—
Each voting member and nonvoting member of the Committee appointed by the Secretary shall be appointed for a term that expires not later than the date on which the authorization of the Committee expires under subsection (k).
(4)
Committee characteristics.—
The Committee shall have the following characteristics:
(A)
The ability to obtain necessary information from additional experts in the aviation and aerospace communities.
(B)
A membership that enables the Committee to have substantive discussions and reach consensus on issues in a timely manner.
(C)
Appropriate expertise, including expertise in human resources, human capital management, policy, labor relations, employment training, workforce development, and youth outreach.
(5)
Deadline.
Date.—
Not later than 9 months after the date of enactment of this Act, the Secretary shall make the appointments described in this subsection.
(f)
Chairperson.—
(1)
In general.—
The Committee shall select a chairperson from among the voting members of the Committee.
(2)
Term.—
The Chairperson shall serve a 2-year term.
(g)
Meetings.—
(1)
Frequency.—
The Committee shall meet at least twice each year at the call of the Chairperson or the Secretary.
(2)
Public attendance.—
The meetings of the Committee shall be open and accessible to the public.
(3)
Administrative support.—
The Secretary shall furnish the Committee with logistical and administrative support to enable the Committee to perform the duties of the Committee.
(h)
Special Committees.—
(1)
Establishment.—
The Committee may establish special committees composed of industry representatives, members of the public, labor representatives, and other relevant parties in complying with the consultation and participation requirements under subsection (d).
(2)
Applicable law.—
Chapter 10 of title 5, United States Code, shall not apply to a special committee established by the Committee.
(i)
Personnel Matters.—
(1)
No compensation of members.—
(A)
Non-federal employees.—
A member of the Committee who is not an officer or employee of the Government shall serve without compensation.
(B)
Federal employees.—
A member of the Committee who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.
(2)
Death or resignation.—
If a member of the Committee dies or resigns during the term of service of such member, 138 STAT. 1152
the Secretary shall designate a successor for the unexpired term of such member.
(j)
Reports.—
(1)
Time period.
Summaries.
Task reports.—
The Committee shall submit to the Secretary and the appropriate committees of Congress annual reports detailing the completion of each directive summarizing the—
(A)
findings and associated recommendations of the Committee for any legislative and administrative actions the Committee considers appropriate to improve the advancement of women in aviation; and
(B)
planned activities of the Committee, as directed by the Secretary or approved by a majority of voting members of the Committee, and proposed terms of work to fulfill each activity.
(2)
Recommenda-
tions.
Additional reports.—
The Committee may submit to the appropriate committees of Congress, the Secretary, and the Administrator additional reports and recommendations related to education, training, recruitment, retention, and advancement of women in the aviation industry as the Committee determines appropriate.
(k)
Sunset.—
The authorization of the Committee shall expire on October 1, 2028.
SEC. 404.
49 USC 106 note.
FAA ENGAGEMENT AND COLLABORATION WITH HBCUS AND MSIS.
(a)
In General.—
The Administrator—
(1)
shall continue—
(A)
to partner with and conduct outreach to Historically Black Colleges and Universities and minority serving institutions to promote awareness of educational and career opportunities, including the Educational Partnership Initiative of the FAA, and develop curriculum related to aerospace, aviation, and air traffic control; and
(B)
operation of the Minority Serving Institutions Internship Program; and
(2)
may—
(A)
make internship placements under the Minority Serving Institutions Internship Program available during academic sessions throughout the year; and
(B)
extend an internship placement under the Minority Serving Institutions Internship Program for a student beyond a single academic session.
(b)
Program Data.—
In carrying out the Minority Serving Institutions Internship Program, the Administrator shall track data, including annual metrics measuring the following with respect to such Program:
(1)
The total number of applicants.
(2)
The total number of applicants offered an internship and the total number of applicants who accept an internship.
(3)
The line of business in which each intern is placed.
(4)
The conversion rate of interns in the Program who are hired as full-time FAA employees.
(c)
Minority Serving Institution Defined.—
In this section, the term “
minority serving institution
” means an institution described in paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).138 STAT. 1153SEC. 405.
AIRMAN KNOWLEDGE TESTING WORKING GROUP.
(a)
Deadline.
Establishment.
Working Group.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall task the Aviation Rulemaking Advisory Committee to establish a working group to assess and evaluate the appropriateness of allowing a high school student, upon successful completion of an aviation maintenance curriculum, to take the general written knowledge portion of the mechanic exam described in section 65.75 of title 14, Code of Federal Regulations, at an FAA-approved testing center.
(b)
Recommenda-
tions.
Report.—
Not later than 18 months after the Aviation Rulemaking Advisory Committee tasks the working group under subsection (a), the working group shall submit to the Administrator a final report with relevant findings and recommendations.
(c)
High School Defined.—
In this section, the term “
high school
” has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).SEC. 406.
AIRMAN CERTIFICATION STANDARDS.
(a)
In General.—
The Administrator shall use the Aviation Rulemaking Advisory Committee Airman Certification System Working Group (in this section referred to as the “Working Group”) to review airman certification standards and ensure that airman proficiency and knowledge correlates and corresponds to regulations, procedures, equipment, aviation infrastructure, and safety trends at the time of such review.
(b)
Duties.—
In carrying out subsection (a), the Working Group shall—
(1)
obtain industry recommendations on maintaining and updating airman certification standards, including guidance documents and airman tests;
(2)
ensure tasks carried out by the Working Group are addressed and completed in a timely and efficient manner; and
(3)
recommend to the Administrator a means by which the FAA may communicate to industry the process for establishing, updating, and maintaining airman certification standards, including relevant guidance documents, handbooks, and airman test materials.
SEC. 407.
49 USC 44703 note.
AIRMAN’S MEDICAL BILL OF RIGHTS.
(a)
In General.—
(1)
Deadline.
Development.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a document (in this section referred to as the “Airman’s Medical Bill of Rights”) detailing the rights of an individual before, during, and after a medical examination conducted by an Aviation Medical Examiner.
(2)
Contents.—
The Airman’s Medical Bill of Rights required under paragraph (1) shall, at a minimum, contain information about the right of an individual to—
(A)
bring a trusted companion or request to have a chaperone present for a medical examination;
(B)
terminate an exam in accordance with guidelines from the Administrator for appropriately terminating such exam;
(C)
receive medical examination with respect and recognition of the dignity of the individual;138 STAT. 1154
(D)
be assured of privacy and confidentiality;
(E)
select an Aviation Medical Examiner of the choice of the individual, as long as the Aviation Medical Examiner has the required designations;
(F)
privacy when changing, undressing, and using the restroom;
(G)
ask questions about FAA medical standards and the applicability to the current health status of the individual;
(H)
Reports.
report an incident of misconduct by an Aviation Medical Examiner to the appropriate authorities, including to the State licensing board of the Aviation Medical Examiner or the FAA;
(I)
Reports.
report to the Administrator an allegation regarding alleged Aviation Medical Examiner misconduct without fear of retaliation or negative action relating to an airman certificate of the individual; and
(J)
be advised of any known conflicts of interest an Aviation Medical Examiner may have with respect to the medical examination of the individual.
(3)
Public availability.—
The Airman’s Medical Bill of Rights required under paragraph (1) shall be—
(A)
made available to, and acknowledged by, an individual in the MedXpress system (or any successor system);
(B)
made available in a hard-copy format by an Aviation Medical Examiner at the time of exam upon request by an individual; and
(C)
displayed in a common space in the office of the Aviation Medical Examiner.
(b)
Expectations for Medical Examinations.—
(1)
Deadline.
In general.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a simplified document explaining the standard procedures performed during a medical examination conducted by an Aviation Medical Examiner.
(2)
Public availability.—
The document required under paragraph (1) shall be—
(A)
made available to, and acknowledged by, an individual in the MedXpress system (or any successor system);
(B)
made available in a hard-copy format by an Aviation Medical Examiner at the time of exam upon request by an individual; and
(C)
displayed in a common space in the office of the Aviation Medical Examiner.
SEC. 408.
49 USC 44703 note.
IMPROVED DESIGNEE MISCONDUCT REPORTING PROCESS.
(a)
Improved Designee Misconduct Reporting Process.—
(1)
In general.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a streamlined process for individuals involved in incidents of alleged misconduct by a designee to report such incidents in a manner that protects the privacy and confidentiality of such individuals.
(2)
Web posting.
Public access to reporting process.—
The process for reporting alleged misconduct by a designee shall be made available to the public on the website of the Administration, including—
138 STAT. 1155
(A)
the designee locator search webpage; and
(B)
the webpage of the Office of Audit and Evaluation of the FAA.
(3)
Obligation to report criminal charges.—
Not later than 90 days after the date of enactment of this Act, the Administrator shall revise the orders and policies governing the Designee Management System to clarify that designees are obligated to report any arrest, indictment, or conviction for violation of a local, State, or Federal law within a period of time specified by the Administrator.
(4)
Audit of reporting process by inspector general.—
(A)
In general.—
Not later than 3 years after the date on which the Administrator finalizes the update of the reporting process under paragraph (1), the inspector general of the Department of Transportation shall conduct an audit of such reporting process.
(B)
Contents.—
In conducting the audit of the reporting process described in subparagraph (A), the inspector general shall, at a minimum—
(i)
Review.
review the efforts of the Administration to improve the reporting process and solutions developed to respond to and investigate allegations of misconduct;
(ii)
Analysis.
analyze reports of misconduct brought to the Administrator prior to any changes made to the reporting process as a result of the enactment of this Act, including the ultimate outcomes of those reports and whether any reports resulted in the Administrator taking action against the accused designee;
(iii)
Determination.
determine whether the reporting process results in appropriate action, including reviewing, investigating, and closing out reports; and
(iv)
Recommenda-
tions.
if applicable, make recommendations to improve the reporting process.
(C)
Recommenda-
tions.
Report.—
Not later than 1 year after the date of initiation of the audit described in subparagraph (A), the inspector general shall submit to the appropriate committees of Congress a report on the results of such audit, including findings and recommendations.
(b)
Designee Defined.—
In this section, the term “
designee
” means an individual who has been designated to act as a representative of the Administrator as—(1)
an Aviation Medical Examiner (as described in section 183.21 of title 14, Code of Federal Regulations);
(2)
a pilot examiner (as described in section 183.23 of such title); or
(3)
a technical personnel examiner (as described in section 183.25 of such title).
SEC. 409.
REPORT ON SAFE UNIFORM OPTIONS FOR CERTAIN AVIATION EMPLOYEES.
(a)
Review.
In General.—
The Administrator shall review whether air carriers operating under part 121 of title 14, Code of Federal Regulations, and repair stations certificated under part 145 of such title have in place uniform policies and uniform offerings that ensure pregnant employees can perform required duties safely.
(b)
Consultation.—
In conducting the review required under subsection (a), the Administrator shall consult with air carriers 138 STAT. 1156
and repair stations described in subsection (a) and employees of such air carriers and such stations who are required to adhere to a uniform policy.
(c)
Deadline.
Briefing.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the results of the review required under subsection (a).
SEC. 410.
49 USC 44516 note.
HUMAN FACTORS PROFESSIONALS.
The Administrator shall take such actions as may be necessary to establish a new work code for human factors professionals who—
(1)
perform work involving the design and testing of technologies, processes, and systems which require effective and safe human performance;
(2)
generate and apply theories, principles, practical concepts, systems, and processes related to the design and testing of technologies, systems, and training programs to support and evaluate human performance in work contexts; and
(3)
meet education or experience requirements as determined by the Administrator.
SEC. 411.
49 USC 44703 note.
AEROMEDICAL INNOVATION AND MODERNIZATION WORKING GROUP.
(a)
Deadline.
Review.
Recommenda-
tions.
Establishment.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a working group (in this section referred to as the “working group”) to review the medical processes, policies, and procedures of the Administration and to make recommendations to the Administrator on modernizing such processes, policies, and procedures to ensure timely and efficient certification of airmen.
(b)
Membership.—
(1)
In general.—
The working group shall consist of—
(A)
2 co-chairs described in paragraph (2); and
(B)
Appointments.
not less than 15 individuals appointed by the Administrator, each of whom shall have knowledge or a background in aerospace medicine, psychiatry, neurology, cardiology, or internal medicine.
(2)
Co-chairs.—
The working group shall be co-chaired by—
(A)
the Federal Air Surgeon of the FAA; and
(B)
a member described under paragraph (1)(A) to be selected by members of the working group.
(3)
Preference.—
The Administrator, in appointing members pursuant to paragraph (1)(B), shall give preference to—
(A)
Aviation Medical Examiners (as described in section 183.21 of title 14, Code of Federal Regulations);
(B)
licensed medical physicians;
(C)
practitioners holding a pilot certificate; and
(D)
individuals having demonstrated research and expertise in aeromedical research or sciences.
(c)
Activities.—
In reviewing the aeromedical decision-making processes, policies, and procedures of the Administration in accordance with subsection (a), the working group, at a minimum, shall—
(1)
Assessment.
assess the medical conditions an Aviation Medical Examiner may issue a medical certificate directly to an individual;
(2)
Determination.
determine the appropriateness of the list of such medical conditions as of the date of enactment of this Act;
(3)
Assessment.
assess the special issuance process;138 STAT. 1157
(4)
Determination.
determine the appropriateness of whether a renewal of a special issuance can be based on a medical evaluation and treatment plan by the treating medical specialist of the individual pursuant to approval from an Aviation Medical Examiner;
(5)
Evaluation.
evaluate advancements in technologies to address forms of red-green color blindness and determine whether such technologies may be approved for use by airmen;
(6)
Review.
review policies and guidance relating to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder;
(7)
Evaluation.
evaluate whether medications used to treat such disorders may be safely prescribed to airmen;
(8)
Review.
review protocols pertaining to the Human Intervention Motivation Study of the FAA;
(9)
Review.
review protocols and policies relating to—
(A)
neurological disorders; and
(B)
cardiovascular conditions to ensure alignment with medical best practices, latest research;
(10)
Review.
review mental health protocols and medications approved for treating such mental health conditions, including such actions taken resulting from recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee;
(11)
Assessment.
assess processes and protocols pertaining to recertification of airmen receiving disability insurance post-recovery from the medical condition, injury, or disability that precludes airmen from exercising the privileges of an airman certificate;
(12)
Assessment.
assess processes and protocols pertaining to the certification of veterans reporting a disability rating from the Department of Veterans Affairs; and
(13)
Assessment.
Evaluation.
assess and evaluate the user interface and information-sharing capabilities of any online medical portal administered by the FAA.
(d)
Aviation Workforce Mental Health Task Group.—
(1)
Deadline.
Evaluation.
Establishment.—
Not later than 120 days after the working group pursuant to subsection (a) is established, the co-chairs of such working group shall establish an aviation workforce mental health task group (referred to in this subsection as the “task group”) to oversee, monitor, and evaluate efforts of the Administrator related to supporting the mental health of the aviation workforce.
(2)
Composition.—
The co-chairs of such working group shall appoint—
(A)
a Chair of the task group; and
(B)
members of the task group from among the members of the working group appointed by the Administrator under subsection (b)(1).
(3)
Duties.—
The duties of the task group shall include—
(A)
carrying out the activities described in subsection (c)(10);
(B)
soliciting feedback from aviation industry professionals or other licensed professionals representing air carrier operations under part 121 and part 135 of title 14, Code of Federal Regulations, and general aviation operations under part 91 of title 14, Code of Federal Regulations;138 STAT. 1158
(C)
reviewing and evaluating guidance issued by the International Civil Aviation Organization on aviation workforce mental health;
(D)
providing advice, as appropriate, on the implementation of the final recommendations issued by the inspector general of the Department of Transportation in the report titled, “FAA Conduct Comprehensive Evaluations of Pilots With Mental Health Challenges, but Opportunities Exist to Further Mitigate Safety Risks”, published on July 12, 2023 (AV2023038);
(E)
monitoring and evaluating the implementation of recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee;
(F)
expanding and improving mental health outreach, education, and assistance programs for the aviation workforce; and
(G)
reducing the stigma associated with mental healthcare in the aviation workforce.
(4)
Report.—
Not later than 2 years after the date of the establishment of the task group, the task group shall submit to the Secretary and the appropriate committees of Congress a report detailing—
(A)
the results of the review under paragraph (3)(A); and
(B)
progress on the implementation of recommendations pursuant to subparagraphs (D) and (E) of paragraph (3); and
(C)
the activities carried out pursuant to fulfilling the duties described in subparagraphs (F) and (G) of paragraph (3).
(e)
Contracts.
Support.—
The Administrator shall seek to enter into 1 or more agreements with the National Academies to support the activities of the working group described in subsection (c).
(f)
Time period.
Reports.
Findings and Recommendations.—
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the working group shall submit to the Administrator and the appropriate committees of Congress a report on the findings and recommendations resulting from the activities carried out under subsection (c).
(g)
Reports.
Implementation.—
Not later than 1 year after receiving recommendations outlined in the report under subsection (f), the Administrator may take such action, as appropriate, to implement such recommendations.
(h)
Sunset.—
The working group shall terminate on October 1, 2028.
SEC. 412.
FRONTLINE MANAGER WORKLOAD STUDY.
(a)
Deadline.
In General.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall conduct a study on frontline manager workload challenges in air traffic control facilities.
(b)
Considerations.—
In conducting the study required under subsection (a), the Administrator may—
(1)
consider—
(A)
workload challenges including—138 STAT. 1159
(i)
the tasks expected to be performed by frontline managers, including employee development, management, and counseling;
(ii)
the number of supervisory positions of operations requiring watch coverage in each air traffic control facility;
(iii)
the complexity of traffic and managerial responsibilities; and
(iv)
proficiency and training requirements;
(B)
facility type;
(C)
facility staffing levels; and
(D)
any other factors as the Administrator considers appropriate; and
(2)
describe recommendations for updates to the Frontline Manager’s Quick Reference Guide that reflect current operational standards.
(c)
Deadline.
Briefing.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under subsection (a).
SEC. 413.
49 USC 44703 note.
MEDICAL PORTAL MODERNIZATION TASK GROUP.
(a)
Deadline.
Establishment.—
Not later than 120 days after the working group pursuant to section 411 is established, the co-chairs of such working group shall establish a medical portal modernization task group (in this section referred to as the “task group”) to evaluate the user interface and information sharing capabilities of an online medical portal administered by the FAA.
(b)
Composition.—
The co-chairs of the working group provided for in section 411 shall appoint—
(1)
a Chair of the task group; and
(2)
members of the task group from among the members of the working group appointed by the Administrator under section 411(b).
(c)
Assessment; Recommendations.—
The task group shall, at a minimum, assess and evaluate the capabilities of any such medical portal and provide recommendations to improve the following:
(1)
The cybersecurity protections and protocols of any such medical portal, including the secure exchange of health information and records between Aviation Medical Examiners and pilots, or their designee, including the ability for airmen to submit additional information requested by the Administrator.
(2)
The status of an airman’s medical application and the disclosure of how long an airman can expect to wait for a final determination to be issued by the Administrator.
(3)
The disclosure of the name and contact information of the Administrator’s representative managing an airman’s case so that an Aviation Medical Examiner has a point of contact within the Administration who is familiar with an airman’s application.
(d)
Consultation.—
In carrying out the duties described in subsection (c), the task group may consult with cybersecurity experts and individuals with a knowledge of securing electronic health care transactions.
(e)
Recommenda-
tions.
Report.—
Not later than 1 year after the date of the establishment of the task group, the task group shall submit to 138 STAT. 1160
the Administrator and the appropriate committees of Congress a report detailing activities and recommendations of the task group.
(f)
Deadline.
Implementation.—
Not later than 1 year after receiving the report described in subsection (e), the Administrator may take such action as may be necessary to implement recommendations of the task group to improve any such medical portal.
SEC. 414.
Assessments.
STUDY OF HIGH SCHOOL AVIATION MAINTENANCE TRAINING PROGRAMS.
(a)
Deadline.
In General.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study to assess high school aviation maintenance technician programs and identify any barriers for graduates of such programs with respect to—
(1)
pursuing post-secondary or vocational academic training at an FAA-approved aviation maintenance technician school; or
(2)
obtaining the training and experience necessary to become an FAA-certificated mechanic through on-the-job training or alternative pathways.
(b)
Contents.—
The study required under subsection (a) shall assess the following:
(1)
The number of high school aviation maintenance programs in the United States and the typical career outcomes for graduates of such programs.
(2)
The extent to which such programs offer curricula that align with FAA mechanic Airman Certification Standards.
(3)
The number of such programs that partner with FAA-approved aviation maintenance technician schools (as described in part 147 of title 14, Code of Federal Regulations).
(4)
The level of engagement between the FAA and high school aviation maintenance programs with respect to developing curricula to build the foundational knowledge and skills necessary for a student to attain FAA mechanic certification and associated ratings.
(5)
Barriers to accessing the general knowledge test described in section 65.71(a)(3) of title 14, Code of Federal Regulations.
(6)
The applicability of all FAA regulations and policies in effect on the day before the date of enactment of this Act as such regulations and policies apply to student enrollees of high school aviation maintenance programs and whether such regulations or policies pose any barriers to students interested in pursuing a career in the field of aviation maintenance.
(c)
Recommenda-
tions.
Report.—
Not later than 2 years after the completion of the study required under this section, the Comptroller General shall provide to the Administrator and the appropriate committees of Congress a report on the findings of such study, including recommendations for any legislative and administrative actions as the Comptroller General determines appropriate.
SEC. 415.
Deadlines.
49 USC 44506 note.
IMPROVED ACCESS TO AIR TRAFFIC CONTROL SIMULATION TRAINING.
(a)
In General.—
The Administrator shall continue making tower simulator systems (in this section referred to as “TSS”) more accessible to all air traffic controller specialists assigned to an 138 STAT. 1161
air traffic control tower of the FAA (in this section referred to as an “ATCT”), regardless of facility assignment.
(b)
Cloud-based Visual Database and Software System.—
Not later than 30 months after the date of enactment of this Act, the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that, at a minimum, includes—
(1)
the unique runway layout, approach paths, and lines of sight of every ATCT; and
(2)
specifications that meet all applicable data security requirements.
(c)
TSS Upgrades.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall upgrade existing, permanent TSS so that the TSS is, at a minimum, capable of—
(1)
securely and quickly downloading data from the cloud-based visual database and software system described in subsection (b); and
(2)
running scenarios for each ATCT involving differing levels of air traffic volume and varying complexities, including, aircraft emergencies, rapidly changing weather, issuance of safety alerts, special air traffic procedures for events of national or international significance, and recovering from unforeseen events or losses of separation.
(d)
Mobile TSS.—
Not later than 4 years after the date of enactment of this Act, the Administrator shall acquire and implement mobile TSS at each ATCT that is without an existing, permanent TSS so that the mobile TSS is capable of, at a minimum, the capabilities described in paragraphs (1) and (2) of subsection (c).
(e)
Collaboration.—
In carrying out this section, the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code.
SEC. 416.
AIR TRAFFIC CONTROLLER INSTRUCTOR RECRUITMENT, HIRING, AND RETENTION.
(a)
Deadline.
Study.
Time periods.
In General.—
No later than 270 days after the date of enactment of this Act, the Administrator shall initiate a study examining the recruitment, hiring, and retention of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over a 5-year period beginning with fiscal year 2025.
(b)
Contents.—
The Administrator shall include in the study required under subsection (a) the following:
(1)
Examination.
An examination of projected instructor staffing targets, including the number of on-the-job instructors needed for the instruction and training of Certified Professional Controllers (in this section referred to as “CPCs”) in training.
(2)
Analysis.
An analysis on whether involving additional retired CPCs as instructors, including for classroom training, would produce improvements in air traffic controller instruction and training.
(3)
Recommenda-
tions.
Recommendations on how and where to utilize retired CPCs.
(4)
The effect on the ability of active CPCs to carry out on-the-job duties, other than instruction, and any related efficiencies if additional retired CPCs were involved as instructors.138 STAT. 1162
(5)
The known vulnerabilities, as categorized by FAA Air Traffic Organization regions, in cases in which the FAA requires CPCs to provide instruction and training to CPCs in training is a significant burden on FAA air traffic controller staffing levels.
(c)
Briefing.
Deadline.—
Not later than 2 years after the date on which the Administrator initiates the study required under subsection (a), the Administrator shall brief the appropriate committees of Congress on the results of the study and any actions that may be taken by the Administrator based on such results.
SEC. 417.
49 USC 44506 note.
ENSURING HIRING OF AIR TRAFFIC CONTROL SPECIALISTS IS BASED ON ASSESSMENT OF JOB-RELEVANT APTITUDES.
(a)
Deadline.
Review.
Review of the Air Traffic Skills Assessment.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall review and revise, if necessary, the Air Traffic Skills Assessment (in this section referred to as the “AT–SA”) administered to air traffic controller applicants described in clauses (ii) and (iii) of section 44506(f)(1)(B) of title 49, United States Code, in accordance with the following requirements, the Administrator shall:
(1)
Evaluation.
Determination.
Evaluate all questions on the AT–SA and determine whether a peer-reviewed job analysis that ensures all questions test job-relevant aptitudes would result in improvements in the air traffic control specialist workforce training and hiring process.
(2)
Assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment.
(3)
Assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce training and hiring process.
(b)
Recommenda-
tions.
DOT Inspector General Report.—
Not later than 180 days after the completion of the review and any necessary revision of the AT–SA required under subsection (a), the inspector general of the Department of Transportation shall submit to the Administrator, the appropriate committees of Congress, and, upon request, to any member of Congress, a report that assesses the AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any other recommendations to address the results of the report.
SEC. 418.
49 USC 40132 note.
PILOT PROGRAM TO PROVIDE VETERANS WITH PILOT TRAINING SERVICES.
(a)
In General.—
The Secretary, in consultation with the Secretary of Education and the Secretary of Veterans Affairs, shall establish a pilot program to provide grants to eligible entities to provide pilot training activities and related education to support a pathway for veterans to become commercial aviators.
(b)
Eligible Entity.—
In this section, the term “
eligible entity
” means a pilot school or provisional pilot school that—(1)
holds an Air Agency Certificate under part 141 of title 14, Code of Federal Regulations; and
Definition.
(2)
has an established employment pathway with at least 1 air carrier operating under part 121 or 135 of title 14, Code of Federal Regulations.138 STAT. 1163
(c)
Priority Application.—
In selecting eligible entities under this section, the Secretary shall prioritize eligible entities that meet the following criteria:
(1)
An eligible entity accredited (as defined in section 61.1 of title 14, Code of Federal Regulations) by an accrediting agency recognized by the Secretary of Education.
(2)
An eligible entity that holds a letter of authorization issued in accordance with section 61.169 of title 14, Code of Federal Regulations.
(d)
Use of Funds.—
Amounts from a grant received by an eligible entity under the pilot program established under subsection (a) shall be used for the following:
(1)
Administrative costs related to implementation of the program described in subsection (a) not to exceed 5 percent of the amount awarded.
(2)
To provide guidance and pilot training services, including tuition and flight training fees for veterans enrolled with an eligible entity, to support such veterans in obtaining any of the following pilot certificates and ratings:
(A)
Private pilot certificate with airplane single-engine or multi-engine ratings.
(B)
Instrument rating.
(C)
Commercial pilot certificate with airplane single-engine or multi-engine ratings.
(D)
Multi-engine rating.
(E)
Certificated flight instructor single-engine certificate, if applicable to the degree sought.
(F)
Certificated flight instructor multi-engine certificate, if applicable to the degree sought.
(G)
Certificated flight instructor instrument certificate, if applicable to the degree sought.
(3)
To provide educational materials, training materials, and equipment to support pilot training activities and related education for veterans enrolled with the eligible entity.
(4)
To provide periodic reports to the Secretary on use of the grant funds, including documentation of training completion of the certificates and ratings described in subparagraphs (A) through (G) of paragraph (2).
(e)
Award Amount Limit.—
An award granted to an eligible entity shall not exceed more than $750,000 in any given fiscal year.
(f)
Appropriations.—
To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2025 through 2028.
SEC. 419.
49 USC 44720 note.
PROVIDING NON-FEDERAL WEATHER OBSERVER TRAINING TO AIRPORT PERSONNEL.
The Administrator may take such actions as are necessary to provide training that is easily accessible and streamlined for airport personnel to become certified as non-Federal weather observers so that such personnel can manually provide weather observations in any case in which automated surface observing systems and automated weather observing systems experience outages and errors to ensure operational safety at airports.
SEC. 420.
PROHIBITION OF REMOTE DISPATCHING.
(a)
Amendments to Prohibition.—
138 STAT. 1164(1)
In general.—
Section 44711(a) of title 49, United States Code,
is amended
—(A)
in paragraph (9) by
striking
“or” after the semicolon;(B)
by
redesignating
paragraph (10) as paragraph (11); and(C)
by .
inserting
after paragraph (9) the following:“(10)
work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier, except as provided under section 44747; or”
(2)
Deadline.
Compliance.
49 USC 44711 note.
Regulations.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall issue regulations requiring persons to comply with section 44711(a)(10) of title 49, United States Code (as added by paragraph (1)).
(b)
Aircraft Dispatching.—
(1)
In general.—
Chapter 447 of title 49, United States Code, is further amended by .
adding
at the end the following:Ҥ 44748.
49 USC 44748.
Aircraft dispatching
“(a)
Aircraft Dispatching Certificate.—
No person may serve as an aircraft dispatcher for an air carrier unless such person holds the appropriate aircraft dispatcher certificate issued by the Administrator of the Federal Aviation Administration.
“(b)
Proof of Certification.—
Upon the request of the Administrator or an authorized representative of the National Transportation Safety Board, or other appropriate Federal agency, a person who holds such a certificate, and is performing dispatching, shall present the certificate for inspection.
“(c)
Dispatch Centers and Flight Following Centers.—
“(1)
Establishment.—
Each air carrier shall establish and maintain sufficient dispatch centers and flight following centers necessary to maintain operational control of each flight of the air carrier at all times.
“(2)
Requirements.—
An air carrier shall ensure that each dispatch center and flight following center of the air carrier—
“(A)
has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times;
“(B)
has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and
“(C)
includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center.
“(d)
Prohibition.—
“(1)
In general.—
Except as provided in paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier.
“(2)
Time period.
Emergency authority.—
In the event of an emergency or other event that renders a dispatch center or a flight following center inoperable, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a period of time not to exceed 138 STAT. 1165
14 consecutive days per location without approval of the Administrator.”
(2)
Clerical amendment.—
The analysis for chapter 447 of such title
49 USC
prec. 44701.
is further amended byadding
at the end the following:“44748.
Aircraft dispatching.”.
SEC. 421.
49 USC 41701 note.
CREWMEMBER PUMPING GUIDANCE.
(a)
Deadline.
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall issue guidance to part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during noncritical phases of flight, consistent with the performance of the crewmember’s duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall—
(1)
consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and
(2)
ensure the guidance will not require an air carrier or foreign air carrier to incur significant expense, such as through—
(A)
the addition of an extra crewmember in response to providing a break;
(B)
removal or retrofitting of seats on the aircraft; or
(C)
modification or retrofitting of an aircraft.
(b)
Definitions.—
In this section:
(1)
Crewmember.—
The term “
crewmember
” has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations.(2)
Critical phases of flight.—
The term “
critical phases of flight
” has the meaning given such term in section 121.542 of title 14, Code of Federal Regulations.(3)
Part 121.—
The term “
part 121
” means part 121 of title 14, Code of Federal Regulations.(c)
Aviation Safety.—
Nothing in this section shall limit the authority of the Administrator relating to aviation safety under subtitle VII of title 49, United States Code.
SEC. 422.
GAO STUDY AND REPORT ON EXTENT AND EFFECTS OF COMMERCIAL AVIATION PILOT SHORTAGE ON REGIONAL/COMMUTER CARRIERS.
(a)
Study.—
The Comptroller General shall conduct a study to identify the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers (as such term is defined in section 41719(d) of title 49, United States Code).
(b)
Recommenda-
tions.
Report.—
Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), including recommendations for such legislation and administrative action as the Comptroller General determines appropriate.138 STAT. 1166
SEC. 423.
REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF FEDERAL AVIATION ADMINISTRATION YOUTH ACCESS TO AMERICAN JOBS IN AVIATION TASK FORCE.
Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Administrator, shall submit to the appropriate committees of Congress a report on the implementation of the following recommendations of the Youth Access to American Jobs in Aviation Task Force of the FAA established under section 602 of the FAA Reauthorization Act of 2018 (Public Law 115–254):
(1)
Improve information access about careers in aviation and aerospace.
(2)
Collaboration across regions of the FAA on outreach and workforce development programs.
(3)
Increase opportunities for mentoring, pre-apprenticeships, and apprenticeships in aviation.
SEC. 424.
SENSE OF CONGRESS ON IMPROVING UNMANNED AIRCRAFT SYSTEM STAFFING AT FAA.
It is the sense of Congress that the Administrator should leverage the Unmanned Aircraft System Collegiate Training Initiative to address any staffing challenges and skills gaps within the FAA to support efforts to facilitate the safe integration of unmanned aircraft systems and other new airspace entrants into the national airspace system.
SEC. 425.
JOINT AVIATION EMPLOYMENT TRAINING WORKING GROUP.
(a)
Deadline.
Establishment.—
Not later than 120 days after the date of enactment of this Act, the Secretary shall establish an interagency working group (in this section referred to as the “working group”) to advise the Secretary and the Secretary of Defense on matters and policies related to increasing awareness of the eligibility, training, and experience requirements needed to become an FAA-certified or a military-covered aviation professional in order to improve career transitions between the military and civilian workforces.
(b)
Membership.—
(1)
In general.—
The working group shall consist of—
(A)
2 co-chairs described in paragraph (2);
(B)
not less than 6 representatives of the FAA, to be appointed by the co-chair described in paragraph (2)(A); and
(C)
not less than 1 representative of each component of the armed forces (as such term is defined in section 101 of title 10, United States Code), to be appointed by the co-chair described in paragraph (2)(B).
(2)
Co-chairs.—
The working group shall be co-chaired by—
(A)
a representative of the Department of Transportation, to be appointed by the Secretary; and
(B)
a representative of the Department of Defense, to be appointed by the Secretary of Defense.
(c)
Activities.—
The working group shall—
(1)
Evaluation.
evaluate and compare all eligibility, training, and experience requirements for individuals interested in becoming FAA-certified, or serving in the armed forces, as covered aviation professionals, including agency policies, guidance, and orders affecting covered aviation professionals;138 STAT. 1167
(2)
identify challenges that inhibit recruitment, training, and retention within the respective workforces of such professionals;
(3)
Assessment.
assess methods to improve outreach, engagement, and awareness of eligibility, training, and experience requirements needed to enter careers of covered aviation professionals;
(4)
Consultation.
consult with representatives from nonprofit organizations supporting veterans and representatives from aviation industry organizations representing covered aviation professionals in the development of recommendations required pursuant to subsection (d)(2)(B); and
(5)
identify opportunities for increased interagency information sharing across workforces on matters related to certification pathways, including knowledge testing, affecting covered aviation professionals.
(d)
Initial Report to Congress.—
(1)
In general.—
Not later than 1 year after the date on which the Secretary establishes the working group, the working group shall submit to the covered committees of Congress an initial report on the activities of the working group.
(2)
Contents.—
The report required under paragraph (1) shall include—
(A)
a detailed description of the findings of the working group pursuant to the activities required under subsection (c), including feedback offered by representatives described in subsection (c)(4); and
(B)
Recommenda-
tions.
recommendations for regulatory, policy, or legislative action to improve awareness of the eligibility, training, and experience requirements needed to become FAA-certified or military-covered aviation professionals across the civilian and military workforces.
(e)
Time period.
Annual Reporting.—
Not later than 1 year after the date on which the working group submits the initial report under subsection (d), and annually thereafter, the working group shall submit to the covered committees of Congress a report—
(1)
describing the continued activities of the working group;
(2)
describing any progress made by the Secretary or Secretary of Defense in implementing the recommendations described in subsection (d)(2)(B); and
(3)
containing any other recommendations the working group may have with respect to efforts to improve the employment and training of covered aviation professionals in the civilian and military workforces.
(f)
Sunset.—
The working group shall terminate on the date that is 4 years after the date on which the working group submits the initial report to Congress pursuant to subsection (d).
(g)
Definitions.—
In this section:
(1)
Covered committees of congress.—
The term “
covered committees of Congress
” means—(A)
the Committee on Armed Services of the House of Representatives;
(B)
the Committee on Armed Services of the Senate;
(C)
the Committee on Transportation and Infrastructure of the House of Representatives; and
(D)
the Committee on Commerce, Science, and Transportation of the Senate.138 STAT. 1168
(2)
Covered aviation professional.—
The term “
covered aviation professional
” means—(A)
an airman;
(B)
an aircraft maintenance and repair technician;
(C)
an air traffic controller; and
(D)
any other aviation-related professional that has comparable tasks and duties across the civilian and military workforces, as determined jointly by the co-chairs of the working group.
SEC. 426.
Deadlines.
49 USC 44703 note.
MILITARY AVIATION MAINTENANCE TECHNICIANS RULE.
(a)
Streamlined Certification for Eligible Military Maintenance Technicians.—
(1)
Notice.
Rulemaking.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking to revise part 65 of title 14, Code of Federal Regulations, to—
(A)
create a military mechanic written competency test that addresses gaps between military and civilian experience; and
(B)
develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a civilian mechanic certificate with airframe or powerplant ratings.
(2)
Evaluation.
Consideration.—
In carrying out paragraph (1), the Administrator shall evaluate and consider—
(A)
whether to allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the “JSAMTCC”) evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a designated mechanic examiner for eligible military maintenance technicians;
(B)
aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards as described in section 65.75 of title 14, Code of Federal Regulations, as appropriate, to the rating sought; and
(C)
any applicable recommendations by the Aviation Rulemaking Advisory Committee Airman Certification System Working Group.
(b)
Determination.
Expansion of Testing Locations.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine—
(1)
whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing; and
(2)
how to implement such expansion, if appropriate.
(c)
Plan.
Outreach and Awareness.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall develop a plan to increase outreach and awareness regarding services made available by the JSAMTCC and how such services can assist in facilitating 138 STAT. 1169
the transition between military and civilian aviation maintenance careers.
(d)
Briefings.—
(1)
Initial briefing.—
Not later than 180 days after the date on which the Administrator develops the outreach and awareness plan pursuant to subsection (c), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a briefing on the activities planned to implement the outreach and awareness plan.
(2)
Periodic briefing.—
Not later than 2 years after the date of enactment of this Act, and 2 years thereafter, the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a briefing on any rulemaking activities carried out pursuant to subsection (a), including a timeline for the issuance of a final rule.
(e)
Eligible Military Maintenance Technician Defined.—
For purposes of this section, the term “
eligible military maintenance technician
” means an individual who—(1)
has been a maintenance technician during service in the armed forces who was honorably discharged or has retired from the armed forces (as defined in section 101 of title 10, United States Code);
(2)
presents an official record of service in the armed forces confirming that the individual has been a military aviation maintenance technician, holding an appropriate Military Occupational Specialty Code, as determined by the Administrator, in coordination with the Secretary of Defense; and
(3)
presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations.
SEC. 427.
CREWMEMBER SELF-DEFENSE TRAINING.
Section 44918 of title 49, United States Code,
is amended
—(1)
in subsection (a) by—
(A)
in paragraph (1) by
inserting
“and unruly passenger behavior” before the period at the end;(B)
in paragraph (2)—
(i)
by ;
striking
subparagraph (A) and inserting
the following:“(A)
Recognize suspicious behavior and activities and determine the seriousness of any occurrence of such behavior and activities.”
(ii)
by ;
striking
subparagraph (H) and inserting
the following:“(H)
De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee.”
(iii)
by
redesignating
subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and(iv)
by ;
inserting
after subparagraph (H) the following:138 STAT. 1170
“(I)
Methods to subdue and restrain an active attacker.”
(C)
by ; and
striking
paragraph (4) and inserting
the following:“(4)
Deadline.
Minimum standards.—
Not later than 180 days after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator of the Transportation Security Administration, in consultation with the Federal Air Marshal Service and the Aviation Security Advisory Committee, shall establish minimum standards for—
“(A)
the training provided under this subsection and any for recurrent training; and
“(B)
the individuals or entities providing such training.”
(D)
in paragraph (6)—
(i)
in the first sentence—
(I)
by
inserting
“and the Federal Air Marshal Service” after “consultation with the Administrator”;(II)
by
striking
“and periodically shall” and inserting
“and shall periodically”; and(III)
by
inserting
“based on changes in the potential or actual threat conditions” before the period at the end; and(ii)
in the third sentence by
inserting
“, including self-defense training expertise and experience” before the period at the end; and(2)
in subsection (b)—
(A)
in paragraph (4) by
striking
“Neither” and inserting
“Except as provided in paragraph (8), neither”; and(B)
by .
adding
at the end the following:“(8)
Air carrier accommodation.—
An air carrier with a crew member participating in the training program under this subsection shall provide a process through which each such crew member may obtain reasonable accommodations.”
SEC. 428.
49 USC 44502 note.
DIRECT-HIRE AUTHORITY UTILIZATION.
(a)
In General.—
The Administrator shall utilize direct hire authorities (as such authorities existed on the day before the date of enactment of this Act) to hire individuals on a non-competitive basis for positions related to aircraft certification and aviation safety. In utilizing such authorities, the Administrator shall take into consideration any staffing gaps in the safety workforce of the FAA, including in positions supporting the safe integration of unmanned aircraft systems and other new airspace entrants.
(b)
Deadline.
Time period.
Congressional Briefing.—
Not later than 180 days after the date of enactment of this Act, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the—
(1)
utilization of the Administrator’s direct-hire authorities described in subsection (a);
(2)
utilization of the Administrator’s direct-hire authorities with respect to the Unmanned Aircraft System Collegiate Training Initiative of the FAA; and
(3)
number of employees hired as a result of the utilization of such authorities by the Administrator, the relevant lines 138 STAT. 1171
of business or offices in which such employees were hired, and the occupational series of the positions filled.
SEC. 429.
FAA WORKFORCE REVIEW AUDIT.
(a)
Deadline.
Time period.
In General.—
Not later than 90 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate an audit of any FAA workforce plans completed during the 5 fiscal years preceding the fiscal year in which such audit is initiated related to occupations the agency relies on to accomplish its aviation safety mission.
(b)
Contents.—
In conducting the audit under subsection (a), the inspector general shall—
(1)
identify whether any safety-critical positions have not been reviewed within the period specified in subsection (a);
(2)
Assessment.
assess staffing levels and workforce retention trends relating to safety-critical occupations within all offices of the FAA that support such services;
(3)
review FAA workforce gaps in safety-critical and senior positions, including the average vacancy period of such positions during the most recent fiscal year in the period specified in subsection (a);
(4)
Evaluation.
evaluate any applicable assessments of the historic workload of safety-critical positions and changes in workload demands over time;
(5)
Analysis.
analyze any applicable assessments of critical competencies and skills gaps among safety-critical positions conducted by the FAA and any relevant agency actions in response;
(6)
review whether existing FAA workforce development programs are producing intended results, especially in rural communities, such as increased recruitment and retention of agency personnel; and
(7)
Assessments.
review opportunities (as such opportunities exist on the date of enactment of this Act) for employees of the FAA to gain or enhance expertise, knowledge, skills, and abilities through cooperative training with appropriate aerospace companies and organizations, including—
(A)
assessing the appropriateness of existing cooperative training programs and any conflicts of interest or the appearance of such conflicts with FAA policies and obligations relating to FAA employee interactions with aviation industry;
(B)
identifying a means by which to leverage such programs to support credentialing and recurrent training activities for FAA employees, as appropriate;
(C)
assessing the policies and procedures the FAA has established to avoid both conflicts of interest and the appearance of such conflicts for employees participating in such opportunities, which may include requirements under—
(i)
chapter 131 of title 5, United States Code;
(ii)
chapter 11 of title 18, United States Code;
(iii)
subchapter B of chapter XVI of title 5, Code of Federal Regulations; and
(iv)
sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations; and
(D)
Evaluation.
evaluating whether the conflict of interest policies and procedures of the FAA for such opportunities provide 138 STAT. 1172
for the appropriate means by which employees return to work at the FAA after having engaged in such opportunities.
(c)
Inspector General Report.—
Not later than 1 year after the date of enactment of this Act, the inspector general shall submit to the Administrator and the appropriate committees of Congress—
(1)
a report on the results of the audit conducted under subsection (a); and
(2)
Recommenda-
tions.
recommendations for such legislative and administrative action as the inspector general determines appropriate.
SEC. 430.
49 USC 44701 note.
STAFFING MODEL FOR AVIATION SAFETY INSPECTORS.
(a)
Deadline.
Review.
In General.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall review and, as necessary, revise the staffing model for aviation safety inspectors.
(b)
Requirements.—
(1)
Consideration of prior studies and reports.—
In reviewing and revising the model, the Administrator shall take into consideration the contents and recommendations contained in the following:
(A)
The 2006 report released by the National Research Council titled “Staffing Standards for Aviation Safety Inspectors”.
(B)
The 2007 study released by the National Academy of Sciences titled “Staffing Standards for Aviation Safety Inspectors”.
(C)
The 2013 report released by Grant Thornton LLP, titled “ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences’ Recommendations Final Report”.
(D)
The 2021 report released by the inspector general of the Department of Transportation titled “FAA Can Increase Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maximizing Its Capabilities”.
(E)
The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note).
(2)
Assessments.—
In carrying out this section, the Administrator shall assess the following:
(A)
Projected staffing needs at the service and office level.
(B)
Forecasted attrition of the aviation safety inspector workforce.
(C)
Forecasted workload of aviation safety inspectors, including responsibilities associated with overseeing aviation manufacturers and new airspace entrants.
(D)
Means by which field managers use the model to assess aviation safety inspector staffing and provide feedback on resources needed at the office level.
(E)
Work performed by aviation safety inspectors in comparison to designees acting on behalf of the Administrator.138 STAT. 1173
(F)
Any associated performance metrics to inform periodic comparisons to actual aviation safety inspector staffing level results.
(3)
Consultation.—
In carrying out this section, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.
SEC. 431.
49 USC 44701 note.
SAFETY-CRITICAL STAFFING.
(a)
Implementation of Staffing Standards for Safety Inspectors.—
Upon completion of the revised staffing model for aviation safety inspectors under section 430, and validation of the model by the Administrator, the Administrator shall take all appropriate actions in response to the number of aviation safety inspectors, aviation safety technicians, and operation support positions that are identified in such model to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including potentially increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service each fiscal year, as appropriate, so long as such staffing increases are measured relative to the number of individuals serving in safety-critical positions as of September 30, 2023.
(b)
Availability of Appropriations.—
Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations.
(c)
Safety-critical Positions Defined.—
In this section, the term “
safety-critical positions
” means—(1)
aviation safety inspectors, aviation safety specialists (1801 job series), aviation safety technicians, and operations support positions in the Flight Standards Service; and
(2)
manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 job series), safety technical specialists, and operational support positions in the Aircraft Certification Service.
SEC. 432.
49 USC 44701 note.
DETERRING CREWMEMBER INTERFERENCE.
(a)
Task Force.—
(1)
Deadline.
In general.—
Not later than 120 days after the date of enactment of this Act, the Administrator shall convene a task force to develop voluntary standards and best practices relating to suspected violations of sections 46318, 46503, and 46504 of title 49, United States Code, including—
(A)
proper and consistent incident documentation and reporting techniques;
(B)
best practices for flight crew and cabin crew response, including de-escalation;
(C)
improved coordination between stakeholders, including flight crew and cabin crew, airport staff, other Federal agencies as appropriate, and law enforcement; and
(D)
appropriate enforcement actions.
(2)
Membership.—
The task force convened under paragraph (1) shall be comprised of representatives of—
(A)
air carriers;
(B)
airport sponsors and airport law enforcement agencies;
(C)
other Federal agencies determined necessary by the Administrator;138 STAT. 1174
(D)
labor organizations representing air carrier pilots;
(E)
labor organizations representing flight attendants; and
(F)
labor organizations representing ticketing, check-in, or other customer service representatives employed by air carriers.
(b)
Deadline.
Announcements.—
Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate such actions as may be necessary to include in the briefing of passengers before takeoff required under section 121.571 of title 14, Code of Federal Regulations, a statement informing passengers that it is against Federal law to assault or threaten to assault any individual on an aircraft or interfere with the duties of a crewmember.
(c)
Applicability.
Definitions.—
For purposes of this section, the definitions in section 40102(a) of title 49, United States Code, shall apply to terms in this section.
SEC. 433.
USE OF BIOGRAPHICAL ASSESSMENTS.
Section 44506(f)(2)(A) of title 49, United States Code,
is amended
by striking
“paragraph (1)(B)(ii)” and inserting
“paragraph (1)(B)”.SEC. 434.
EMPLOYEE ASSAULT PREVENTION AND RESPONSE PLAN STANDARDS AND BEST PRACTICES.
(a)
Sense of Congress.—
It is the sense of Congress that—
(1)
each air carrier operating under part 121 of title 14, Code of Federal Regulations, shall submit to the Administrator an Employee Assault Prevention and Response Plan pursuant to section 551 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note);
(2)
each such air carrier should have in place and deploy an Employee Assault Prevention and Response Plan to facilitate appropriate protocols, standards, and training to equip employees with best practices and the experience necessary to respond effectively to hostile situations and disruptive behavior and maintain a safe traveling experience; and
(3)
any air carrier formed after the date of enactment of this Act should develop and implement an Employee Assault Prevention and Response Plan.
(b)
Required Briefing.—
Section 551 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note) .
is amended
by adding
at the end the following:“(f)
Deadline.
Briefing to Congress.—
Not later than 90 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall provide to the appropriate committees of Congress a briefing on the Employee Assault Prevention and Response Plan submitted by each air carrier pursuant to this section.”
SEC. 435.
49 USC 44903 note.
FORMAL POLICY ON SEXUAL ASSAULT AND HARASSMENT ON AIR CARRIERS.
(a)
Deadline.
In General.—
Not later than 180 days after the date of enactment of this Act, passenger air carriers operating under part 121 of title 14, Code of Federal Regulations, shall issue, in consultation with labor unions representing personnel, a formal policy with respect to sexual assault or harassment incidents.
(b)
Contents.—
Each policy required under subsection (a) shall include—138 STAT. 1175
(1)
a statement indicating that no sexual assault or harassment incident is acceptable under any circumstance;
(2)
procedures that facilitate the reporting of a sexual assault or harassment incident, including—
(A)
appropriate public outreach activities; and
(B)
confidential phone and internet-based opportunities for reporting;
(3)
procedures that personnel should follow upon the reporting of a sexual assault or harassment incident, including actions to protect affected individuals from continued sexual assault or harassment and to notify law enforcement, including the Federal Bureau of Investigation, when appropriate;
(4)
procedures that may limit or prohibit, to the extent practicable, future travel with the air carrier by any passenger who commits a sexual assault or harassment incident; and
(5)
training that is required for all appropriate personnel with respect to each such policy, including specific training for personnel who may receive reports of sexual assault or harassment incidents.
(c)
Web posting.
Passenger Information.—
An air carrier described in subsection (a) shall display, on the website of the air carrier and through the use of appropriate signage, a written statement that informs passengers and personnel of the procedure for reporting a sexual assault or harassment incident.
(d)
Standard of Care.—
Compliance with the requirements of this section, and any policy issued thereunder, shall not determine whether the air carrier described in subsection (a) has acted with any requisite standard of care.
(e)
Rules of Construction.—
(1)
Effect on authorities.—
Nothing in this section shall be construed as granting the Secretary any additional authorities beyond ensuring that a passenger air carrier operating under part 121 of title 14, Code of Federal Regulations issues a formal policy and displays required information in compliance with this section.
(2)
Effect on other laws.—
Nothing in this section shall be construed to alter existing authorities of the Equal Employment Opportunity Commission, the Department of Labor, or the Department of Justice to enforce applicable employment and sexual assault and sexual harassment laws.
(f)
Definitions.—
In this section:
(1)
Personnel.—
The term “
personnel
” means an employee or contractor of passenger air carrier operating under part 121 of title 14, Code of Federal Regulations.(2)
Sexual assault.—
The term “
sexual assault
” means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.(3)
Sexual assault or harassment incident.—
The term “
sexual assault or harassment incident
” means the occurrence, or reasonably suspected occurrence, of an act that—(A)
constitutes sexual assault or sexual harassment; and
(B)
is committed—
(i)
by a passenger or personnel against another passenger or personnel; and138 STAT. 1176
(ii)
within an aircraft or in an area in which passengers are entering or exiting an aircraft.
SEC. 436.
INTERFERENCE WITH SECURITY SCREENING PERSONNEL.
Section 46503 of title 49, United States Code,
is amended
—(1)
by ; and
striking
“An individual” and inserting
the following:“(a)
In General.—
An individual”
(2)
by .
adding
at the end the following:“(b)
Airport and Air Carrier Employees.—
For purposes of this section, an airport or air carrier employee who has security duties within the airport includes an airport or air carrier employee performing ticketing, check-in, baggage claim, or boarding functions.”
SEC. 437.
49 USC 44506 note.
AIR TRAFFIC CONTROL WORKFORCE STAFFING.
(a)
Maximum Hiring.—
Subject to the availability of appropriations, for each of fiscal years 2024 through 2028, the Administrator shall set as the minimum hiring target for new air traffic controllers (excluding individuals described in section 44506(f)(1)(A) of title 49, United States Code) the maximum number of individuals able to be trained at the Federal Aviation Administration Academy.
(b)
Transportation Research Board Assessment.—
(1)
Deadline.
Attestation.
Contracts.
Review.—
Not later than 30 days after the date of enactment of this Act, the Administrator shall submit an attestation to the appropriate committees of Congress demonstrating an agreement entered into with the with the National Academies Transportation Research Board to—
(A)
compare the Certified Professional Controller (in this section referred to as “CPC”) operational staffing models and methodologies in determining the FAA Controller Staffing Standard included in the 2023 Air Traffic Controller Workforce Plan of the FAA, with such models and methodologies developed by the Collaborative Resource Workgroup of the FAA (in this subsection referred to as “CRWG”) to determine CPC operational staffing targets necessary to meet facility operational, statutory, contractual and safety requirements, including—
(i)
the availability factor multiplier and other formula components;
(ii)
the independent facility staffing targets of CPCs able to control traffic;
(iii)
air traffic controller position utilization;
(iv)
attrition rates at each air traffic control facility operated by the Administration; and
(v)
the time needed to meet facility operational, statutory, and contractual requirements, including relevant resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system;
(B)
Examination.
examine the current and estimated budgets of the FAA to implement the FAA Controller Staffing Standard included in the 2023 Controller Workforce Plan in comparison to the funding needed to implement the CRWG CPC operational staffing targets;
(C)
assess future needs of the air traffic control system and potential impacts on staffing standards, including projected air traffic in the airspace of each air traffic control facility operated by the Administration; and138 STAT. 1177
(D)
Determination.
determine which staffing models and methodologies evaluated pursuant to this subsection best accounts for the operational staffing needs of the air traffic control system and provide a justification for such determination.
(2)
Recommenda-
tions.
Report.—
Not later than 180 days after the agreement entered into pursuant to paragraph (b)(1), the Transportation Research Board of the National Academies shall submit a report to the Administrator and appropriate committees of Congress on the findings and recommendations under this subsection, including the determination pursuant to subparagraph (D).
(3)
Consultation.—
In conducting the assessment under this subsection, the Transportation Research Board shall consult with—
(A)
the exclusive bargaining representatives of air traffic control specialists of the Administration certified under section 7111 of title 5, United States Code;
(B)
front line managers of the air traffic control system;
(C)
managers and employees responsible for training air traffic controllers;
(D)
the MITRE Corporation;
(E)
the Chief Operating Officer of the Air Traffic Organization of the FAA, and other Federal Government representatives;
(F)
users and operators in the air traffic control system;
(G)
relevant industry representatives; and
(H)
other parties determined appropriate by the Transportation Research Board of the National Academies.
(c)
Deadlines.
Required Implementation of Identified Staffing Model.—
(1)
Use of staffing model.—
The Administrator shall, as appropriate, take such action that may be necessary to implement and use the staffing model identified by the Transportation Research Board pursuant to subsection (b)(1)(D), including any recommendations for improving such model, not later than one year after enactment of this Act.
(2)
Briefing.—
Not later than 90 days after taking such actions to implement and use the staffing model identified by the Transportation Research Board pursuant to subsection (b)(1)(D), the Administrator shall brief the appropriate committees of Congress regarding the reasons for why any recommendation by the Transportation Research Board study was not incorporated into the implemented staffing model.
(d)
Revised Staffing Standards.—
The Administration shall revise the FAA CPC operational staffing standards of the Administration implemented under subsection (c) to—
(1)
provide that the controller and management workforce is sufficiently staffed to safely and efficiently manage and oversee the air traffic control system;
(2)
account for the target number of CPCs able to control traffic at each independent facility; and
(3)
avoid any required or requested reduction of national airspace system capacity or aircraft operations as a result of inadequate air traffic control system staffing.
(e)
Interim Adoption of Collaborative Resource Workgroup Models.—
138 STAT. 1178(1)
Publication.
In general.—
In submitting a Controller Workforce Plan of the FAA to Congress published after the date of enactment of this Act, the Administrator shall adopt and use the staffing models and methodologies developed by the Collaborative Resource Workgroup that were recommended in the 2023 Controller Workforce Plan.
(2)
Revisions to the controller workforce plan.—
Section 44506(e) of title 49, United States Code
is amended
—(A)
in paragraph (1) by
striking
“the number of air traffic controllers needed” and inserting
“the number of fully certified air traffic controllers needed”;(B)
by
redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and(C)
by .
inserting
after paragraph (1) the following:“(2)
for each air traffic control facility operated by the Federal Aviation Administration—
“(A)
the current certified professional controller staffing levels;
“(B)
the operational staffing targets for certified professional controllers;
“(C)
the anticipated certified professional controller attrition for each of the next 3 years; and
“(D)
the number of certified professional controller trainees;”
(3)
Effective date.—
The requirements of paragraph (1) shall cease to be effective upon the adoption and implementation of a revised staffing model by the Administrator as required under subsection (c).
(f)
Publication.
Controller Training.—
In any Controller Workforce Plan of the FAA published after the date of enactment of this Act, the Administrator shall—
(1)
identify all limiting factors on the ability of the Administrator to hire and train controllers in line with the staffing standards target set out in such Plan; and
(2)
describe what actions the Administrator intends to take to rectify any impediments to meeting staffing standards targets and identify contributing factors that are outside the control of the Administrator.
SEC. 438.
AIRPORT SERVICE WORKFORCE ANALYSIS.
(a)
Deadline.
Review.
In General.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall complete a comprehensive review of the domestic airport service workforce and examine the role of, impact on, and importance of such workforce to the aviation economy.
(b)
Working Group.—
(1)
Report.—
Upon completion of the review required under subsection (a), the Comptroller General shall submit to the Secretary a report containing such review.
(2)
Evaluation.
Public working group.—
The Secretary may convene a public working group to evaluate and discuss the report under paragraph (1) containing—
(A)
the entities the Comptroller General consulted with in carrying out the review under subsection (a);
(B)
representatives of other relevant Federal agencies; and
(C)
any other appropriate stakeholder.138 STAT. 1179
(3)
Termination.—
If the Secretary convenes a working group under paragraph (2), such working group shall terminate on the date that is 1 year after the date on which the working group is convened.
SEC. 439.
FEDERAL AVIATION ADMINISTRATION ACADEMY AND FACILITY EXPANSION PLAN.
(a)
Plan.—
(1)
Deadline.
In general.—
No later than 90 days after the date of enactment of this Act, the Administrator shall initiate the development of a plan to expand overall FAA capacity relating to facilities, instruction, equipment, and training resources to grow the number of developmental air traffic controllers enrolled per fiscal year and support increases in FAA air controller staffing to advance the safety of the national airspace system.
(2)
Considerations.—
In developing the plan under paragraph (1), the Administrator shall consider—
(A)
the resources needed to support an increase in the total number of developmental air traffic controllers enrolled at the FAA Academy;
(B)
the resources needed to lessen FAA Academy attrition per fiscal year;
(C)
how to modernize the education and training of developmental air traffic controllers, including through the use of new techniques and technologies to support instruction;
(D)
the equipment needed to support expanded instruction, including air traffic control simulation systems, virtual reality, and other virtual training platforms;
(E)
projected staffing needs associated with FAA Academy expansion and the operation of education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers;
(F)
the costs of expanding FAA capacity at the existing air traffic control academy (as described in paragraph (1)(A));
(G)
soliciting input from, and coordinating with, relevant stakeholders as appropriate, including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and
(H)
other logistical and financial considerations as determined appropriate by the Administrator.
(b)
Report.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (a).
(c)
Deadline.
Briefing.—
Not later than 180 days after the submission of the plan under subsection (b), the Administrator shall brief the appropriate committees of Congress on the plan, including the implementation of the plan.
SEC. 440.
IMPROVING FEDERAL AVIATION WORKFORCE DEVELOPMENT PROGRAMS.
(a)
In General.—
Section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
49 USC 40132 note.
is amended
to read as follows:138 STAT. 1180
“SEC. 625.
AVIATION WORKFORCE DEVELOPMENT PROGRAMS.
“(a)
In General.—
The Secretary of Transportation shall establish—
“(1)
a program to provide grants for eligible projects to support the education and recruitment of future aircraft pilots and the development of the aircraft pilot workforce;
“(2)
a program to provide grants for eligible projects to support the education and recruitment of aviation maintenance technical workers and the development of the aviation maintenance workforce; and
“(3)
a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and aerospace engineers and the development of the aviation manufacturing workforce.
“(b)
Project Grants.—
“(1)
In general.—
Out of amounts made available under section 48105 of title 49, United States Code, there is authorized to be appropriated—
“(A)
$20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(1);
“(B)
$20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(2); and
“(C)
$20,000,000 for each of fiscal years 2025 through 2028 to provide grants under the program established under subsection (a)(3).
“(2)
Dollar amount limit.—
In providing grants under the programs established under subsection (a), the Secretary may not make any grant more than $1,000,000 to any eligible entity in any 1 fiscal year.
“(3)
Education projects.—
The Secretary shall ensure that not less than 20 percent of the amounts made available under this subsection is used to carry out a grant program that shall be referred to as the ‘Willa Brown Aviation Education Program’ under which the Secretary shall provide grants for eligible projects described in subsection (d) that are carried out in counties containing at least 1 qualified opportunity zone (as such term is defined in section 1400Z–1(a) of the Internal Revenue Code of 1986).
“(4)
Set aside for technical assistance.—
The Secretary may set aside up to 2 percent of the funds appropriated to carry out this subsection for each of fiscal years 2025 through 2028 to provide technical assistance to eligible applicants for a grant under this subsection.
“(5)
Consideration for certain applicants.—
In reviewing and selecting applications for grants under the programs established under subsection (a), the Secretary may give consideration to applicants that provide an assurance—
“(A)
to use grant funds to encourage the participation of populations that are underrepresented in the aviation industry, including in economically disadvantaged geographic areas and rural communities;
“(B)
to address the workforce needs of rural and regional airports; or
“(C)
to strengthen aviation programs at a minority-serving institution (as described in section 371(a) of the 138 STAT. 1181
Higher Education Act of 1965 (20 U.S.C. 1067q(a)), a public institution of higher education, or a public postsecondary vocational institution.
“(c)
Eligible Applications.—
“(1)
Application for aircraft pilot program.—
An application for a grant under the program established under subsection (a)(1) may be submitted, in such form as the Secretary may specify, by—
“(A)
an air carrier (as such term is defined in section 40102 of title 49, United States Code);
“(B)
an entity that holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations;
“(C)
an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school;
“(D)
a flight school that provides flight training, as such term is defined in part 61 of title 14, Code of Federal Regulations, or that holds a pilot school certificate under part 141 of title 14, Code of Federal Regulations;
“(E)
a labor organization representing professional aircraft pilots;
“(F)
an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or
“(G)
a State, local, territorial, or Tribal governmental entity.
“(2)
Application for aviation maintenance program.—
An application for a grant under the program established under subsection (a)(2) may be submitted, in such form as the Secretary may specify, by—
“(A)
a holder of a certificate issued under part 21, 121, 135, 145, or 147 of title 14, Code of Federal Regulations;
“(B)
a labor organization representing aviation maintenance workers;
“(C)
an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school;
“(D)
an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or
“(E)
a State, local, territorial, or Tribal governmental entity.
“(3)
Application for aviation manufacturing program.—
An application for a grant under the program established under subsection (a)(3) may be submitted, in such form as the Secretary may specify, by—
“(A)
a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code;
“(B)
an accredited institution of higher education, a postsecondary vocational institution, or a high school or secondary school;138 STAT. 1182
“(C)
an aviation-related nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code;
“(D)
a labor organization representing aerospace engineering, design, or manufacturing workers; or
“(E)
a State, local, territorial, or Tribal governmental entity.
“(d)
Eligible Projects.—
“(1)
Aircraft pilot program.—
For purposes of the program established under subsection (a)(1), an eligible project is a project—
“(A)
to create and deliver a program or curriculum that provides high school or secondary school students and students of institutions of higher education with meaningful aviation education to become aircraft pilots or unmanned aircraft systems operators, including purchasing and operating a computer-based simulator associated with such curriculum;
“(B)
to establish or improve registered apprenticeship, internship, or scholarship programs for individuals pursuing employment as a professional aircraft pilot or unmanned aircraft systems operator;
“(C)
to create and deliver curriculum that provides certified flight instructors with the necessary instructional, leadership, and communication skills to better educate student pilots;
“(D)
to support the transition to professional aircraft pilot or unmanned systems operator careers, including for members and veterans of the armed forces;
“(E)
to support robust outreach about careers in commercial aviation as a professional aircraft pilot or unmanned system operator, including outreach to populations that are underrepresented in the aviation industry; or
“(F)
to otherwise enhance or expand the aircraft pilot or unmanned aircraft system operator workforce.
“(2)
Aviation maintenance program.—
For purposes of the program established under subsection (a)(2), an eligible project is a project—
“(A)
to create and deliver a program or curriculum that provides high school and secondary school students and students of institutions of higher education with meaningful aviation maintenance education to become an aviation mechanic or aviation maintenance technician, including purchasing and operating equipment associated with such curriculum;
“(B)
to establish or improve registered apprenticeship, internship, or scholarship programs for individuals pursuing employment in the aviation maintenance industry;
“(C)
to support the transition to aviation maintenance careers, including for members and veterans of the armed forces;
“(D)
to support robust outreach about careers in the aviation maintenance industry, including outreach to populations that are underrepresented in the aviation industry; or138 STAT. 1183
“(E)
to otherwise enhance or expand the aviation maintenance technical workforce.
“(3)
Aviation manufacturing program.—
For purposes of the program established under subsection (a)(3), an eligible project is a project—
“(A)
to create and deliver a program or curriculum that provides high school and secondary school students and students of institutions of higher education with meaningful aviation manufacturing education to become an aviation manufacturing technical worker or aerospace engineer, including teaching technical skills used in the engineering and production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance;
“(B)
to establish registered apprenticeship, internship, or scholarship programs for individuals pursuing employment in the aviation manufacturing industry;
“(C)
to support the transition to aviation manufacturing careers, including for members and veterans of the armed forces;
“(D)
to support robust outreach about careers in the aviation manufacturing industry, including outreach to populations that are underrepresented in the aviation industry; or
“(E)
to otherwise enhance or expand the aviation manufacturing workforce.
“(e)
Reporting and Monitoring Requirements.—
The Secretary shall establish reasonable reporting and monitoring requirements for grant recipients under this section to measure relevant outcomes for the grant programs established under subsection (a).
“(f)
Notice of Grants.—
“(1)
Timely public notice.—
The Secretary shall provide public notice of any grant awarded under this section in a timely fashion after the Secretary awards such grant.
“(2)
Notice to congress.—
The Secretary shall provide to the appropriate Committees of Congress advance notice of a grant to be made under this section.
“(g)
Grant Authority.—
“(1)
Termination date.
Limit on faa authority.—
The authority of the Administrator of the Federal Aviation Administration, acting on behalf of the Secretary, to issue grants under this section shall terminate on October 1, 2027.
“(2)
Effective date.
Nondelegation.—
Beginning on October 1, 2027, the Secretary shall issue grants under this section and may not delegate any of the authorities or responsibilities under this section to the Administrator.
“(h)
Effective date.
Program Name Redesignation.—
Beginning on October 1, 2027, the Secretary shall redesignate the name of the program established under subsection (a) as the ‘Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program’ or the ‘CAREER Program’.
“(i)
Consultation With Secretary of Education.—
The Secretary may consult with the Secretary of Education, as appropriate, in—
“(1)
reviewing applications for grants for eligible projects under this section; and138 STAT. 1184
“(2)
developing considerations regarding program quality and measurement of student outcomes.
“(j)
Time periods.
Report.—
Not later than September 30, 2028, the Secretary shall submit to the appropriate committees of Congress a report on the administration of the programs established under subsection (a) covering each of fiscal years 2025 through 2028 that includes—
“(1)
Summary.
a summary of projects awarded grants under this section and the progress of each recipient towards fulfilling program expectations;
“(2)
Evaluation.
an evaluation of how such projects cumulatively impact the future supply of individuals in the United States aviation workforce, including any related best practices for carrying out such projects;
“(3)
Recommenda-
tions.
recommendations for better coordinating actions by governmental entities, educational institutions, and businesses, aviation labor organizations, or other stakeholders to support aviation workforce growth;
“(4)
Review.
a review of how many grant recipients engaged with veterans and the resulting impact, if applicable, on recruiting and retaining veterans as part of the aviation workforce; and
“(5)
Review.
a review of outreach conducted by grant recipients to encourage individuals to participate in aviation careers and the resulting impact, if applicable, on recruiting and retaining such individuals as part of the aviation workforce.
“(k)
Program Authority Sunset.—
The authority of the Secretary to issue grants under this section shall expire on October 1, 2028.
“(l)
Definitions.—
In this section:
“(1)
Armed forces.—
The term ‘
armed forces
’ has the meaning given such term in section 101 of title 10, United States Code.“(2)
High school.—
The term ‘
high school
’ has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).“(3)
Institution of higher education.—
The term ‘
institution of higher education
’ has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).“(4)
Postsecondary vocational institution.—
The term ‘
postsecondary vocational institution
’ has the meaning given such term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).“(5)
Secondary school.—
The term ‘
secondary school
’ has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).”(b)
49 USC 40101 note.
Effective Date.—
The amendment made by subsection (a) shall take effect on October 1, 2024.
SEC. 441.
NATIONAL STRATEGIC PLAN FOR AVIATION WORKFORCE DEVELOPMENT.
(a)
In General.—
Chapter 401 of title 49, United States Code, is further amended by .138 STAT. 1186
adding
at the end the following:Ҥ 40132.
49 USC 40132.
National strategic plan for aviation workforce development
“(a)
Deadline.
In General.—
Not later than September 30, 2025, the Secretary of Transportation shall, in consultation with other Federal 138 STAT. 1185
agencies and the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Council (in this section referred to as the ‘CAREER Council’) established in subsection (c), establish and maintain a national strategic plan to improve recruitment, hiring, and retention and address projected challenges in the civil aviation workforce, including—
“(1)
any short-term, medium-term, and long-term workforce challenges relevant to the economy, workforce readiness, and priorities of the United States aviation sector;
“(2)
any existing or projected workforce shortages; and
“(3)
any workforce situation or condition that warrants special attention by the Federal Government.
“(b)
Requirements.—
The national strategic plan described in subsection (a) shall—
“(1)
take into account the activities and accomplishments of all Federal agencies that are related to carrying out such plan;
“(2)
Recommenda-
tions.
include recommendations for carrying out such plan; and
“(3)
project and identify, on an annual basis, aviation workforce challenges, including any applicable workforce shortages.
“(c)
Career Council.—
“(1)
Deadline.
Establishment.—
Not later than September 30, 2025, the Secretary, in consultation with the Administrator, shall establish a council comprised of individuals with expertise in the civil aviation industry to—
“(A)
assist with developing and maintaining the national strategic plan described in subsection (a); and
“(B)
provide advice to the Secretary, as appropriate, relating to the CAREER Program established under section 625 of the FAA Reauthorization Act of 2018, including as such advice relates to program administration and grant application selection, and support the development of performance metrics regarding the quality and outcomes of the Program.
“(2)
Appointment.—
The CAREER Council shall be appointed by the Secretary from candidates nominated by national associations representing various sectors of the aviation industry, including—
“(A)
commercial aviation;
“(B)
general aviation;
“(C)
aviation labor organizations, including collective bargaining representatives of Federal Aviation Administration aviation safety inspectors, aviation safety engineers, and air traffic controllers;
“(D)
aviation maintenance, repair, and overhaul;
“(E)
aviation manufacturers; and
“(F)
unmanned aviation.
“(3)
Term.—
Each council member appointed by the Secretary under paragraph (2) shall serve a term of 2 years.
“(d)
Nondelegation.—
The Secretary may not delegate any of the authorities or responsibilities under this section to the Administrator of the Federal Aviation Administration.”
(b)
Clerical Amendment.—
The analysis for chapter 401 of title 49, United States Code,
49 USC
prec. 40101.
is further amended byadding
at the end the following:“40132.
National strategic plan for aviation workforce development.”.
TITLE V—
PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A—
Consumer Enhancements
SEC. 501.
ESTABLISHMENT OF OFFICE OF AVIATION CONSUMER PROTECTION.
Section 102 of title 49, United States Code,
is amended
—(1)
in subsection (e)(1)—
(A)
in the matter preceding subparagraph (A) by
striking
“7” and inserting
“8”; and(B)
in subparagraph (A) by
striking
“and an Assistant Secretary for Transportation Policy” and inserting
“an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection”; and(2)
by .
adding
at the end the following:“(j)
Office of Aviation Consumer Protection.—
“(1)
Establishment.—
There is established in the Department an Office of Aviation Consumer Protection (in this subsection referred to as the ‘Office’) to administer and enforce the aviation consumer protection and civil rights authorities provided to the Department by statute, including the authorities under section 41712—
“(A)
to assist, educate, and protect passengers; and
“(B)
to monitor compliance with, conduct investigations relating to, and enforce, with support of attorneys in the Office of the General Counsel, including by taking appropriate action to address violations of aviation consumer protection and civil rights.
“(2)
Leadership.—
The Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (in this subsection referred to as the ‘Assistant Secretary’).
“(3)
Deadline.
Transition.—
Not later than 180 days after funding is appropriated for an Office of Aviation Consumer Protection headed by an Assistant Secretary, the Office of Aviation Consumer Protection that is a unit within the Office of the General Counsel of the Department which is headed by the Assistant General Counsel for Aviation Consumer Protection shall cease to exist.
Determination.
The Secretary shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and such employees shall be transferred from the Office of the General Counsel, as appropriate, to the newly established Office of Aviation Consumer Protection.“(4)
Coordination.—
The Assistant Secretary shall coordinate with the General Counsel appointed under subsection (e)(1)(E), in accordance with section 1.26 of title 49, Code of Federal Regulations (or a successor regulation), on all legal matters relating to—
“(A)
aviation consumer protection; and138 STAT. 1187
“(B)
the duties and activities of the Office described in subparagraphs (A) through (C) of paragraph (1).
“(5)
Public information.
Web posting.
Annual report.—
The Assistant Secretary shall submit to the Secretary, who shall submit to Congress and make publicly available on the website of the Department, an annual report that, with respect to matters under the jurisdiction of the Department, or otherwise within the statutory authority of the Department—
“(A)
Analyses.
analyzes trends in aviation consumer protection, civil rights, and licensing;
“(B)
identifies major challenges facing passengers; and
“(C)
addresses any other relevant issues, as the Assistant Secretary determines to be appropriate.
“(6)
Appropriation
authorization.
Funding.—
There is authorized to be appropriated $12,000,000 for fiscal year 2024, $13,000,000 for fiscal year 2025, $14,000,000 for fiscal year 2026, $15,000,000 for fiscal year 2027, and $16,000,000 for fiscal year 2028 to carry out this subsection.”
SEC. 502.
ADDITIONAL WITHIN AND BEYOND PERIMETER SLOT EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL AIRPORT.
(a)
Increase in Number of Slot Exemptions.—
Section 41718 of title 49, United States Code, .
is amended
by adding
at the end the following new subsection:“(i)
Additional Slot Exemptions.—
“(1)
Deadline.
Increase in slot exemptions.—
Not later than 60 days after the date of enactment of the FAA Reauthorization Act of 2024, the Secretary shall grant, by order, 10 exemptions from—
“(A)
the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and domestic airports located within or beyond the perimeter described in section 49109; and
“(B)
the requirements of subparts K, S, and T of part 93 of title 14, Code of Federal Regulations.
“(2)
Non-limited incumbents.—
Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024.
“(3)
Limited incumbents.—
Of the slot exemptions made available under paragraph (1), the Secretary shall make 2 available to incumbent air carriers qualifying for status as a limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024.
“(4)
Allocation procedures.—
The Secretary shall allocate the 10 slot exemptions provided under paragraph (1) pursuant to the application process established by the Secretary under subsection (d), subject to the following:
“(A)
Limitations.—
Each air carrier that is eligible under paragraph (2) and paragraph (3) shall be eligible to operate no more and no less than 2 of the newly authorized slot exemptions.138 STAT. 1188
“(B)
Criteria.—
The Secretary shall consider the extent to which the exemptions will—
“(i)
enhance options for nonstop travel to beyond-perimeter airports that do not have nonstop service from Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024; or
“(ii)
have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions.
“(5)
Prohibition.—
“(A)
In general.—
The Metropolitan Washington Airports Authority may not assess any penalty or similar levy against an individual air carrier solely for obtaining and operating a slot exemption authorized under this subsection.
“(B)
Rule of construction.—
Subparagraph (A) shall not be construed as prohibiting the Metropolitan Washington Airports Authority from assessing and collecting any penalty, fine, or other levy, such as a handling fee or landing fee, that is—
“(i)
authorized by the Metropolitan Washington Airports Regulations;
“(ii)
agreed to in writing by the air carrier; or
“(iii)
charged in the ordinary course of business to an air carrier operating at Ronald Reagan Washington National Airport regardless of whether or not the air carrier obtained a slot exemption authorized under this subsection.”
(b)
Conforming Amendments.—
Section 41718(c)(2)(A) of title 49, United States Code,
is amended
—(1)
in clause (i) by
striking
“and (b)” and inserting
“, (b), and (i)”; and(2)
in clause (ii) by
striking
“and (g)” and inserting
“(g), and (i)”.(c)
49 USC 41718 note.
Preservation of Existing Within Perimeter Service.—
Nothing in this section, or the amendments made by this section, shall be construed as authorizing the conversion of a within-perimeter exemption or slot at Ronald Reagan Washington National Airport that is in effect on the date of enactment of this Act to serve an airport located beyond the perimeter described in section 49109 of title 49, United States Code.
SEC. 503.
REFUNDS.
(a)
In General.—
Chapter 423 of title 49, United States Code, .
is amended
by inserting
after section 42304 the following:Ҥ 42305.
49 USC 42305.
Refunds for cancelled or significantly delayed or changed flights
“(a)
In General.—
In the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request as set forth in subsection (f), provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to—138 STAT. 1189
“(1)
fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or
“(2)
accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c).
“(b)
Deadlines.
Timing of Refund.—
Any refund required under subsection (a) shall be issued by the air carrier or foreign air carrier—
“(1)
in the case of a ticket purchased with a credit card, not later than 7 business days after the earliest date the refund was requested as set forth in subsection (f); or
“(2)
in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the earliest date the refund was requested as set forth in subsection (f).
“(c)
Alternative to Refund.—
An air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an explicit alternative to providing a refund required by subsection (a) but only if—
“(1)
the offer includes a clear and conspicuous notice of—
“(A)
the terms of the offer; and
“(B)
the passenger’s right to a full refund under this section;
“(2)
Time period.
the voucher, credit, or other form of compensation offered explicitly as an alternative to providing a refund required by subsection (a) remains valid and redeemable by the consumer for a period of at least 5 years from the date on which such voucher, credit, or other form of compensation is issued;
“(3)
upon the issuance of such voucher, credit, or other form of compensation, an air carrier, foreign air carrier, or ticket agent, where applicable, notifies the recipient of the expiration date of the voucher, credit, or other form of compensation; and
“(4)
upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), an air carrier, foreign air carrier, or ticket agent provides a notification under paragraph (3) in an electronic format that is accessible to the recipient.
“(d)
Significantly Delayed or Changed Flight Defined.—
In this section, the term ‘
significantly delayed or changed flight
’ includes, at a minimum, a flight where the passenger arrives at a destination airport—“(1)
in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and
“(2)
in the case of an international flight, 6 or more hours after the original scheduled arrival time.
“(e)
Application to Ticket Agents.—
“(1)
Deadline.
Regulations.
In general.—
Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.
“(2)
Regulations.
Transfer of funds.—
The Secretary shall issue regulations requiring air carriers and foreign air carriers to promptly transfer funds to a ticket agent if—
“(A)
Determination.
the Secretary has determined that the ticket agent is responsible for providing the refund; and
“(B)
the ticket agent does not possess the funds of the passenger.138 STAT. 1190
“(3)
Compliance.
Timing and alternatives.—
A refund provided by a ticket agent shall comply with the requirements in subsections (b) and (c) of this section.
“(f)
Refund.—
An air carrier and a foreign air carrier shall consider a passenger to have requested a refund if—
“(1)
a flight is cancelled and a passenger is not offered an alternative flight or any voucher, credit, or other form of compensation by the air carrier or foreign air carrier pursuant to subsection (c);
“(2)
a passenger rejects the significantly delayed or changed flight, rebooking on an alternative flight, or any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c); or
“(3)
a passenger does not respond to an offer of—
“(A)
a significantly delayed or changed flight or an alternative flight and the flight departs without the passenger; or
“(B)
a voucher, credit, or other form of compensation by the date on which the cancelled flight was scheduled to depart or the date that the significantly delayed or changed flight departs.
“(g)
Update.
Refund Notification.—
An air carrier and a foreign air carrier shall update their passenger notification systems to ensure passengers owed a refund under this section are notified of their right to receive a refund.”
(b)
Clerical Amendment.—
The analysis for chapter 423 of title 49, United States Code,
49 USC
prec. 42301.
is amended
by inserting
after the item relating to section 42304 the following:“42305.
Refunds for cancelled or significantly delayed or changed flights.”.
SEC. 504.
KNOW YOUR RIGHTS POSTERS.
(a)
In General.—
Chapter 423 of title 49, United States Code, is further amended by .138 STAT. 1191
inserting
after section 42305 the following:Ҥ 42306.
49 USC 42306.
Know Your Rights posters
“(a)
In General.—
Each large hub airport, medium hub airport, and small hub airport with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum—
“(1)
flight delays and cancellations;
“(2)
refunds;
“(3)
bumping of passengers from flights and the oversale of flights; and
“(4)
lost, delayed, or damaged baggage.
“(b)
Location.—
Posters described in subsection (a) shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.
“(c)
Accessibility Assistance.—
Each large hub airport, medium hub airport, and small hub airport with scheduled passenger service shall ensure that passengers with a disability (as such term is defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as having such a disability are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.”
(b)
Exemption.—
Section 46301(a)(1)(A) of title 49, United States Code, is further amended by
striking
“chapter 423” and inserting
“chapter 423 (except section 42306)”.(c)
Clerical Amendment.—
The analysis for chapter 423 of title 49, United States Code,
49 USC
prec. 42301.
is further amended byinserting
after the item relating to section 42305 the following:“42306.
Know Your Rights posters.”.
(d)
49 USC 42306 note.
Effective Date.—
The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act.
SEC. 505.
ACCESS TO CUSTOMER SERVICE ASSISTANCE FOR ALL TRAVELERS.
(a)
Findings.—
Congress finds the following:
(1)
In the event of a cancelled or delayed flight, it is important for customers to be able to easily access information about the status of their flight and any alternative flight options.
(2)
Customers should be able to access real-time assistance from customer service agents of air carriers without an excessive wait time, particularly during times of mass disruptions.
(b)
Transparency Requirements.—
(1)
Requirement to maintain a live customer chat or monitored text messaging number.—
Chapter 423 of title 49, United States Code, is further amended by .138 STAT. 1192
inserting
after section 42306 the following:Ҥ 42307.
49 USC 42307.
Requirement to maintain a live customer chat or monitored text messaging number
“(a)
Requirement.—
“(1)
In general.—
A covered air carrier that operates a domestic or international flight to, from, or within the United States shall maintain—
“(A)
a customer service telephone line staffed by live agents;
“(B)
a customer chat option that allows for customers to speak to a live agent within a reasonable time, to the greatest extent practicable; or
“(C)
a monitored text messaging number that enables customers to communicate and speak with a live agent directly.
“(2)
Provision of services.—
The services required under paragraph (1) shall be provided to customers without charge for the use of such services, and shall be available at all times.
“(b)
Rulemaking Authority.—
The Secretary shall promulgate such rules as may be necessary to carry out this section.
“(c)
Covered Air Carrier Defined.—
In this section, the term ‘
covered air carrier
’ means an air carrier that sells tickets for scheduled passenger air transportation on an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.“(d)
Compliance.
Time period.
Effective Date.—
Beginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (a) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.”
(2)
Clerical amendment.—
The analysis for chapter 423 of title 49, United States Code,
49 USC
prec. 42301.
is further amended byinserting
after the item relating to section 42306 the following:“42307.
Requirement to maintain a live customer chat or monitored text messaging number.”.
SEC. 506.
AIRLINE CUSTOMER SERVICE DASHBOARDS.
(a)
Dashboards.—
(1)
In general.—
Chapter 423 of title 49, United States Code, is further amended by .
inserting
after section 42307 the following:Ҥ 42308.
49 USC 42308.
DOT airline customer service dashboards
“(a)
Requirement To Establish and Maintain Publicly Available Dashboards.—
The Secretary of Transportation shall establish, maintain, and make publicly available the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as such term is defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law:
“(1)
Delay and cancellation dashboard.—
A dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier.
“(2)
Web posting.
Explanation of circumstances.—
The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center) consistent with section 234.4 of title 14, Code of Federal Regulations.
“(3)
Family seating dashboard.—
A dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees.
“(4)
Seat size dashboard.—
A dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier.
“(5)
Family seating sunset.—
The requirement in subsection (a)(3) shall cease to be effective on the date on which the rule in section 516 of the FAA Reauthorization Act of 2024 is effective.
“(b)
Consultation.
Determination.
Accessibility Requirement.—
In developing the dashboards required in subsection (a), the Secretary shall, in order to ensure the dashboards are accessible and contain pertinent information for passengers with disabilities, consult with the Air Carrier Access Act Advisory Committee, the Architectural and Transportation Barriers Compliance Board, any other relevant department or agency to determine appropriate accessibility standards, and disability organizations, including advocacy and nonprofit organizations that represent or provide services to individuals with disabilities.138 STAT. 1193
“(c)
Limitation on Dashboards.—
After the rule required in section 516 of the FAA Reauthorization Act of 2024 is effective, the Secretary may not establish or maintain more than 4 different customer service dashboards at any given time.
“(d)
Provision of Information.—
Each large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.
“(e)
Sunset.—
This section shall cease to be effective on October 1, 2028.”
(2)
Deadline.
49 USC 42308 note.
Establishment.—
The Secretary shall establish each of the online dashboards required by section 42308(a) of title 49, United States Code, not later than 30 days after the date of enactment of this Act.
(b)
Clerical Amendment.—
The analysis for chapter 423 of title 49, United States Code,
49 USC
prec. 42301.
is further amended byinserting
after the item relating to section 42307 the following:“42308.
DOT airline customer service dashboards.”.
SEC. 507.
INCREASE IN CIVIL PENALTIES.
(a)
In General.—
Section 46301(a)(1) of title 49, United States Code,
is amended
in the matter preceding subparagraph (A) by striking
“$25,000” and inserting
“$75,000”.(b)
49 USC 46301 note.
Effective Date.—
The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment of this Act.
(c)
49 USC 46301 note.
Conforming Regulations.—
The Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).
SEC. 508.
ADVISORY COMMITTEE FOR AVIATION CONSUMER PROTECTION.
(a)
Extension.—
Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note)
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2028”.(b)
Coordination.—
Section 411 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) .
is amended
by adding
at the end the following:“(i)
Consultation.—
The Advisory Committee shall consult, as appropriate, with foreign air carriers, air carriers with an ultra-low-cost business model, nonprofit public interest groups with expertise in disability and accessibility matters, ticket agents, travel management companies, and any other groups as determined by the Secretary.”
SEC. 509.
EXTENSION OF AVIATION CONSUMER ADVOCATE REPORTING REQUIREMENT.
Section 424(e) of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note)
is amended
by striking
“May 10, 2024” and inserting
“October 1, 2028”.SEC. 510.
CODIFICATION OF CONSUMER PROTECTION PROVISIONS.
(a)
Section 429 of FAA Reauthorization Act of 2018.—
(1)
In general.—
Section 429 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 prec. note)
49 USC 41727.
is amended
—(A)
by transferring such section to appear after section 41726 of title 49, United States Code;
(B)
by
redesignating
such section as section 41727 of such title; and138 STAT. 1194(C)
by .
amending
the section heading of such section to read as follows:Ҥ 41727.
Passenger Rights”
(2)
Technical amendment.—
Section 41727 of title 49, United States Code, as transferred and redesignated by paragraph (1),
is amended
in subsection (a) by striking
“Not later than 90 days after the date of enactment of this Act, the Secretary” and inserting
“The Secretary”.(b)
Section 434 of the FAA Reauthorization Act of 2018.—
(1)
In general.—
Section 434 of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note)
49 USC 41728.
is amended
—(A)
by transferring such section to appear after section 41727 of title 49, United States Code, as transferred and redesignated by subsection (a)(1);
(B)
by
redesignating
such section 434 as section 41728 of such title; and(C)
by .
amending
the section heading of such section 41728 to read as follows:Ҥ 41728.
Airline passengers with disabilities bill of rights”
(2)
Technical amendment.—
Section 41728 of title 49, United States Code, as transferred and redesignated by paragraph (1),
is amended
—(A)
in subsection (a) by
striking
“the section 41705 of title 49, United States Code” and inserting
“section 41705”;(B)
in subsection (c) by
striking
“the date of enactment of this Act” and inserting
“the date of enactment of the FAA Reauthorization Act of 2018”; and(C)
in subsection (f) by
striking
“ensure employees” and inserting
“ensure that employees”.(c)
Clerical Amendment.—
The analysis for chapter 417 of title 49, United States Code,
49 USC
prec. 41701.
is amended
by inserting
after the item relating to section 41726 the following:“41727.
Passenger rights.
“41728.
Airline passengers with disabilities bill of rights.”.
SEC. 511.
49 USC 6302 note.
BUREAU OF TRANSPORTATION STATISTICS.
(a)
Deadline.
Rulemaking.—
Not later than 60 days after the date of enactment of this Act, the Director of the Bureau of Transportation Statistics shall initiate a rulemaking to revise section 234.4 of title 14, Code of Federal Regulations, to create a new “cause of delay” category (or categories) that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102 of title 49, United States Code) that are due to instructions from the FAA Air Traffic Control System and to make any other changes necessary to carry out this section.
(b)
Air Carrier Code.—
The following causes shall not be included within the Air Carrier code specified in section 234.4 of title 14, Code of Federal Regulations, for cancelled and delayed flights:
(1)
Aircraft cleaning necessitated by the death of a passenger.
(2)
Aircraft damage caused by extreme weather, foreign object debris, or sabotage.
(3)
A baggage or cargo loading delay caused by an outage of a bag system not controlled by a carrier or its contractor.138 STAT. 1195
(4)
Cybersecurity attacks (provided that the air carrier is in compliance with applicable cybersecurity regulations).
(5)
A shutdown or system failure of government systems that directly affects the ability of an air carrier to safely conduct flights and is unexpected.
(6)
Overheated brakes due to a safety incident resulting in the use of emergency procedures.
(7)
Unscheduled maintenance, including in response to an airworthiness directive, manifesting outside a scheduled maintenance program that cannot be deferred or must be addressed before flight.
(8)
An emergency that required medical attention through no fault of the carrier.
(9)
The removal of an unruly passenger.
(10)
An airport closure due to the presence of volcanic ash, wind, or wind shear.
(c)
Family Seating Complaints.—
(1)
Update.
In general.—
The Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating.
(2)
Sunset.—
The requirements in paragraph (1) shall cease to be effective on the date on which the rulemaking required by section 513 is effective.
(d)
Air Travel Consumer Report.—
(1)
ATCSCC delays.—
The Secretary shall include information on delays and cancellations that are due to instructions from the FAA Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation.
(2)
Family seating complaints.—
The Secretary shall include information on complaints related to family seating—
(A)
in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation; and
(B)
on the family seating dashboard required by subsection (a)(2).
(3)
Sunset.—
The requirements in paragraph (2) shall cease to be effective on the date on which the rulemaking required by section 513 is effective.
SEC. 512.
49 USC note
prec. 42301.
REIMBURSEMENT FOR INCURRED COSTS.
(a)
Deadline.
Policies.
In General.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall direct all air carriers providing scheduled passenger interstate or intrastate air transportation to establish policies regarding reimbursement for lodging, transportation between such lodging and the airport, and meal costs incurred due to a flight cancellation or significant delay directly attributable to the air carrier.
(b)
Time periods.
Definition of Significantly Delayed.—
In this section, the term “
significantly delayed
” means, with respect to air transportation, the departure or arrival at the originally ticketed destination associated with such transportation has changed—(1)
in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and138 STAT. 1196
(2)
in the case of an international flight, 6 or more hours after the original scheduled arrival time.
(c)
Rule of Construction.—
Nothing in this section shall be construed as providing the Secretary with any additional authorities beyond the authority to require air carriers establish the policies referred to in subsection (a).
SEC. 513.
49 USC note
prec. 42301.
STREAMLINING OF OFFLINE TICKET DISCLOSURES.
(a)
Deadline.
Update.
In General.—
Not later than 18 months after the date of enactment of this Act, the Secretary shall take such action as may be necessary to update the process by which an air carrier or ticket agent is required to fulfill disclosure obligations in ticketing transactions for air transportation not completed through a website.
(b)
Requirements.—
The process updated under subsection (a) shall—
(1)
include means of referral to the applicable air carrier website with respect to disclosures related to air carrier optional fees and policies;
(2)
include a means of referral to the website of the Department of Transportation with respect to any other required disclosures to air transportation passengers;
(3)
make no changes to air carrier or ticket agent obligations with respect to—
(A)
section 41712(c) of title 49, United States Code; or
(B)
subsections (a) and (b) of section 399.84 of title 14, Code of Federal Regulations (or any successor regulations); and
(4)
require disclosures referred to in paragraphs (1) and (2) to be made in the manner existing prior to the date of enactment of this Act upon passenger request.
(c)
Air Carrier Defined.—
In this section, the term “
air carrier
” has the meaning given such term in section 40102(a) of title 49, United States Code.SEC. 514.
GAO STUDY ON COMPETITION AND CONSOLIDATION IN THE AIR CARRIER INDUSTRY.
(a)
Assessments.
Study.—
The Comptroller General shall conduct a study assessing competition and consolidation in the United States air carrier industry. Such study shall include an assessment of data related to—
(1)
the history of mergers in the United States air carrier industry, including whether any claimed efficiencies have been realized;
(2)
the effect of consolidation in the United States air carrier industry, if any, on consumers;
(3)
the effect of consolidation in the United States air carrier industry, if any, on air transportation service in small and rural markets; and
(4)
the current state of competition in the United States air carrier industry as of the date of enactment of this Act.
(b)
Recommenda-
tions.
Report.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), and recommendations for such legislative and administrative action as the Comptroller General determines appropriate.138 STAT. 1197
SEC. 515.
GAO STUDY AND REPORT ON THE OPERATIONAL PREPAREDNESS OF AIR CARRIERS FOR CERTAIN EVENTS.
(a)
Assessments.
Study.—
(1)
In general.—
The Comptroller General shall study and assess the operational preparedness of air carriers for changing weather and other events related to changing conditions and natural hazards, including flooding, extreme heat, changes in precipitation, storms, including winter storms, coastal storms, tropical storms, and hurricanes, and fire conditions.
(2)
Requirements.—
As part of the study required under paragraph (1), the Comptroller General shall assess the following:
(A)
The extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions and natural hazards, that may impact operational investments of air carriers, staffing levels and safety policies, mitigation strategies, and other resiliency planning.
(B)
How the FAA oversees operational resilience of air carriers relating to storms, natural disasters, and changing conditions.
(C)
Steps the Federal Government and air carriers can take to improve operational resilience relating to storms, natural disasters, and changing conditions.
(b)
Briefing and Report.—
(1)
Recommenda-
tions.
Briefing.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall brief the appropriate committees of Congress on the results of the study required under subsection (a), and recommendations for such legislative and administrative action as the Comptroller General determines appropriate.
(2)
Report.—
Not later than 6 months after the briefing required by paragraph (1) is provided, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study required under subsection (a), and recommendations for such legislative and administrative action as the Comptroller General determines appropriate.
(c)
Definition of Air Carrier.—
In this section, the term “
air carrier
” has the meaning given such term in section 40102 of title 49, United States Code.SEC. 516.
49 USC note
prec. 42301.
FAMILY SEATING.
(a)
Deadline.
Notice.
Regulations.
In General.—
Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to sit each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight.
(b)
Prohibition on Fees.—
The notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service.138 STAT. 1198
(c)
Rule of Construction.—
Notwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section.
(d)
Definition.
Young Child.—
In this section, the term “
young child
” means an individual who has not attained 14 years of age.SEC. 517.
PASSENGER EXPERIENCE ADVISORY COMMITTEE.
(a)
Establishment.
In General.—
The Secretary shall establish an advisory committee to advise the Secretary and the Administrator in carrying out activities relating to the improvement of the passenger experience in air transportation customer service. The advisory committee shall not duplicate the work of any other advisory committee.
(b)
Appointments.
Membership.—
The Secretary shall appoint the members of the advisory committee, which shall be comprised of at least 1 representative of each of—
(1)
mainline air carriers;
(2)
air carriers with a low-cost or ultra-low-cost business model;
(3)
regional air carriers;
(4)
large hub airport sponsors and operators;
(5)
medium hub airport sponsors and operators;
(6)
small hub airport sponsors and operators;
(7)
nonhub airport sponsors and operators;
(8)
ticket agents;
(9)
representatives of intermodal transportation companies that operate at airports;
(10)
airport concessionaires;
(11)
nonprofit public interest groups with expertise in consumer protection matters;
(12)
senior managers of the FAA Air Traffic Organization;
(13)
aircraft manufacturers;
(14)
entities representing individuals with disabilities;
(15)
certified labor organizations representing aviation workers, including—
(A)
FAA employees;
(B)
airline pilots working for air carriers operating under part 121 of title 14, Code of Federal Regulations;
(C)
flight attendants working for air carriers operating under part 121 of title 14, Code of Federal Regulations; and
(D)
other customer-facing airline and airport workers;
(16)
other organizations or industry segments as determined by the Secretary; and
(17)
other Federal agencies that directly interface with passengers at airports.
(c)
Vacancies.—
A vacancy in the advisory committee under this section shall be filled in a manner consistent with subsection (b).
(d)
Travel Expenses.—
Members of the advisory committee under this section shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.138 STAT. 1199
(e)
Designation.
Chair.—
The Secretary shall designate an individual among the individuals appointed under subsection (b) to serve as Chair of the advisory committee.
(f)
Duties.—
The duties of the advisory committee shall include—
(1)
evaluating ways to improve the comprehensive passenger experience, including—
(A)
transportation between airport terminals and facilities;
(B)
baggage handling;
(C)
wayfinding;
(D)
the security screening process; and
(E)
the communication of flight delays and cancellations;
(2)
evaluating ways to improve efficiency in the national airspace system affecting passengers;
(3)
evaluating ways to improve the cooperation and coordination between the Department of Transportation and other Federal agencies that directly interface with aviation passengers at airports;
(4)
responding to other taskings determined by the Secretary; and
(5)
Recommenda-
tions.
providing recommendations to the Secretary and the Administrator, if determined necessary during the evaluations considered in paragraphs (1) through (4).
(g)
Recommenda-
tions.
Time period.
Report to Congress.—
Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report containing—
(1)
consensus recommendations made by the advisory committee since such date of enactment or the previous report, as appropriate; and
(2)
an explanation of how the Secretary has implemented such recommendations and, for such recommendations not implemented, the Secretary’s reason for not implementing such recommendation.
(h)
Applicability.
Definition.—
The definitions in section 40102 of title 49, United States Code, shall apply to this section.
(i)
Sunset.—
This section shall cease to be effective on October 1, 2028.
(j)
Termination of DOT ACCESS Advisory Committee.—
The ACCESS Advisory Committee of the Department of Transportation shall terminate on the date of enactment of this Act.
SEC. 518.
Deadline.
49 USC 44701 note.
UPDATING PASSENGER INFORMATION REQUIREMENT REGULATIONS.
(a)
ARAC Tasking.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall task the Aviation Rulemaking Advisory Committee with—
(1)
Review.
reviewing passenger information requirement regulations under section 121.317 of title 14, Code of Federal Regulation, and such other related regulations as the Administrator determines appropriate; and
(2)
Recommenda-
tions.
making recommendations to update and improve such regulations.
(b)
Final Regulation.—
Not later than 6 years after the date of enactment of this Act, the Administrator shall issue a final regulation revising section 121.317 of title 14, Code of Federal 138 STAT. 1200
Regulations, and such other related regulations as the Administrator determines appropriate, to—
(1)
update such section and regulations to incorporate exemptions commonly issued by the Administrator;
(2)
reflect civil penalty inflation adjustments; and
(3)
incorporate such updates and improvements recommended by the Aviation Rulemaking Advisory Committee that the Administrator determines appropriate.
SEC. 519.
Deadline.
49 USC note
prec. 42301.
SEAT DIMENSIONS.
Not later than 60 days after the date of enactment of this Act, the Administrator shall—
(1)
Regulations.
initiate a rulemaking activity based on the regulation described in section 577 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 note); or
(2)
Briefing.
if the Administrator decides not to pursue the rulemaking described in paragraph (1), the Administrator shall brief appropriate committees of Congress on the justification of such decision.
SEC. 520.
MODERNIZATION OF CONSUMER COMPLAINT SUBMISSIONS.
Section 42302 of title 49, United States Code, .
is amended
to read as follows:Ҥ 42302.
Website.
49 USC 42302.
Consumer complaints
“(a)
In General.—
The Secretary of Transportation shall—
“(1)
maintain an accessible website through the Office of Aviation Consumer Protection to accept the submission of complaints from airline passengers regarding air travel service problems; and
“(2)
Notification.
Public information.
take appropriate actions to notify the public of such accessible website.
“(b)
Notice to Passengers on the Internet.—
An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include on the accessible website of the carrier—
“(1)
the accessible website, e-mail address, or telephone number of the air carrier for the submission of complaints by passengers about air travel service problems; and
“(2)
the accessible website maintained pursuant to subsection (a).
“(c)
Evaluation.
Use of Additional or Alternative Technologies.—
The Secretary shall periodically evaluate the benefits of using mobile phone applications or other widely used technologies to—
“(1)
provide additional or alternative means for air passengers to submit complaints; and
“(2)
provide such additional or alternative means as the Secretary determines appropriate.
“(d)
Air Ambulance Providers.—
Each air ambulance provider shall include the accessible website, or a link to such accessible website, maintained pursuant to subsection (a) and the contact information for the Aviation Consumer Advocate established by section 424 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) on—
“(1)
any invoice, bill, or other communication provided to a passenger or customer of such provider; and138 STAT. 1201
“(2)
the accessible website and any related mobile device application of such provider.”
Subtitle B—
Disabled persons.
Accessibility
SEC. 541.
AIR CARRIER ACCESS ACT ADVISORY COMMITTEE.
(a)
In General.—
Section 439 of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note)
is amended
—(1)
in the section heading by
striking
“advisory committee on the air travel needs of passengers with disabilities” and inserting
“air carrier access act advisory committee”;(2)
in subsection (c)(1) by ; and
striking
subparagraph (G) and inserting
the following:“(G)
Manufacturers of wheelchairs, including powered wheelchairs, and other mobility aids.”
(3)
in subsection (g) by
striking
“May 10, 2024” and inserting
“September 30, 2028”.(b)
Conforming Amendment.—
Section 1(b) of the FAA Reauthorization Act of 2018 (Public Law 115–254)
132 Stat. 3186.
is amended
by striking
the item relating to section 439 and inserting
the following:“Sec. 439.
Air Carrier Access Act advisory committee.”.
SEC. 542.
Deadlines.
49 USC 41728 note.
IMPROVED TRAINING STANDARDS FOR ASSISTING PASSENGERS WHO USE WHEELCHAIRS.
(a)
Notice.
Requirements.
Rulemaking.—
Not later than 6 months after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who board or deplane using an aisle chair or other boarding device.
(b)
Requirements.—
The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors who assist passengers who use wheelchairs who board or deplane using an aisle chair or other boarding device—
(1)
before being allowed to assist a passenger using an aisle chair or other boarding device to board or deplane, be able to successfully demonstrate skills (during hands-on training sessions) on—
(A)
how to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features;
(B)
how to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer; and
(C)
how to effectively communicate with, and take instruction from, the passenger;
(2)
are trained regarding the availability of accessible lavatories and on-board wheelchairs and the right of a qualified individual with a disability to request an on-board wheelchair; and
(3)
Certification.
Time period.
complete refresher training within 18 months of an initial training and be recertified on the job every 18 months 138 STAT. 1202
thereafter by a relevant superior in order to remain qualified for providing aisle chair assistance.
(c)
Considerations.—
In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—
(1)
whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in developing, administering, and auditing training;
(2)
whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; and
(3)
whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training incorporating procedures from medical professionals on how to properly lift these passengers.
(d)
Final Rule.—
Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.
(e)
Penalties.—
The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).
SEC. 543.
Deadlines.
49 USC 41728 note.
TRAINING STANDARDS FOR STOWAGE OF WHEELCHAIRS AND SCOOTERS.
(a)
Notice.
Rulemaking.—
Not later than 6 months after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters used by passengers with disabilities on aircraft.
(b)
Requirements.—
The training standards developed under subsection (a) shall require, at a minimum, that personnel and contractors of air carriers and foreign air carriers who stow wheelchairs and scooters on aircraft—
(1)
before being allowed to handle or stow a wheelchair or scooter, be able to successfully demonstrate skills (during hands-on training sessions) on—
(A)
how to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier;
(B)
how to properly review any wheelchair or scooter information provided by the passenger or the wheelchair or scooter manufacturer; and
(C)
how to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier; and
(2)
Certification.
Time period.
complete refresher training within 18 months of an initial training and be recertified on the job every 18 months thereafter by a relevant superior in order to remain qualified for handling and stowing wheelchairs and scooters.
(c)
Considerations.—
In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum, whether to require air carriers and foreign air carriers to partner with 138 STAT. 1203
wheelchair or scooter manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in developing, administering, and auditing training.
(d)
Final Rule.—
Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.
(e)
Penalties.—
The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).
SEC. 544.
Deadlines.
49 USC 41728 note.
MOBILITY AIDS ON BOARD IMPROVE LIVES AND EMPOWER ALL.
(a)
Publication of Cargo Hold Dimensions.—
(1)
In general.—
Not later than 2 years after the date of enactment of this Act, the Secretary shall require air carriers to publish in a prominent and easily accessible place on the public website of the air carrier, information describing the relevant dimensions and other characteristics of the cargo holds of all aircraft types operated by the air carrier, including the dimensions of the cargo hold entry, that would limit the size, weight, and allowable type of cargo.
(2)
Proprietary information.—
The Secretary shall allow an air carrier to protect the confidentiality of any trade secret or proprietary information submitted in accordance with paragraph (1), as appropriate.
(b)
Refund Required for Individual Traveling With Wheelchair.—
In the case of a qualified individual with a disability traveling with a wheelchair who has purchased a ticket for a flight from an air carrier, but who cannot travel on the aircraft for such flight because the wheelchair of such qualified individual cannot be physically accommodated in the cargo hold of the aircraft, the Secretary shall require such air carrier to offer a refund to such qualified individual of any previously paid fares, fees, and taxes applicable to such flight.
(c)
Evaluation of Data Regarding Damaged Wheelchairs.—
Not
Time period.
later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary shall—(1)
evaluate data regarding the type and frequency of incidents of the mishandling of wheelchairs on aircraft and delineate such data by—
(A)
types of wheelchairs involved in such incidents; and
(B)
the ways in which wheelchairs are mishandled, including the type of damage to wheelchairs (such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery or other components, loss, or delay of return);
(2)
Determination.
determine whether there are trends with respect to the data evaluated under paragraph (1); and
(3)
Public information.
Web posting.
Reports.
make available on the public website of the Department of Transportation, in an accessible manner, a report containing the results of the evaluation of data and determination made 138 STAT. 1204
under paragraphs (1) and (2) and a description of how the Secretary plans to address such results.
(d)
Report to Congress on Mishandled Wheelchairs.—
Upon completion of each annual report required under subsection (c), the Secretary shall transmit to the appropriate committees of Congress such report.
(e)
Feasibility of In-Cabin Wheelchair Restraint Systems.—
(1)
Public information.
Strategic roadmap.
Roadmap.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341—
(A)
establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America, the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA crashworthiness and safety performance criteria, including the issues and considerations set forth in such Special Report 341; and
(B)
sponsor studies that assess issues and considerations, including those set forth in such Special Report 341, such as—
(i)
the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and
(ii)
the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight.
(2)
Assessments.
Study.—
If determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs in the main cabin during flight. Such study shall include an assessment of—
(A)
the cost of such seating arrangements, equipment, and installation;
(B)
the demand for such seating arrangements;
(C)
the impact of such seating arrangements on passenger seating and safety on aircraft;
(D)
the impact of such seating arrangements on the cost of operations and airfare; and
(E)
any other information determined appropriate by the Secretary.
(3)
Recommenda-
tions.
Report.—
Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary 138 STAT. 1205
shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2) and any recommendations the Secretary determines appropriate.
(f)
Definitions.—
In this section:
(1)
Air carrier.—
The term “
air carrier
” has the meaning given such term in section 40102 of title 49, United States Code.(2)
Disability; qualified individual with a disability.—
The terms “disability” and “qualified individual with a disability” have the meanings given such terms in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act).
(3)
Wheelchair.—
The term “
wheelchair
” has the meaning given such term in section 37.3 of title 49, Code of Federal Regulations (as in effect on date of enactment of this Act), and includes power wheelchairs, manual wheelchairs, and scooters.SEC. 545.
49 USC 41728 note.
PRIORITIZING ACCOUNTABILITY AND ACCESSIBILITY FOR AVIATION CONSUMERS.
(a)
Annual Report.—
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation.
(b)
Contents.—
Each annual report submitted under subsection (a) shall, at a minimum, include the following:
(1)
The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the calendar year preceding the year in which such report is submitted.
(2)
The nature of such complaints, including reported issues with—
(A)
an air carrier, including an air carrier’s staff training or lack thereof;
(B)
mishandling of passengers with a disability or their accessibility equipment, including mobility aids and wheelchairs;
(C)
the condition, availability, or lack of accessibility of equipment operated by an air carrier or a contractor of an air carrier;
(D)
the accessibility of in-flight services, including accessing and using on-board lavatories, for passengers with a disability;
(E)
difficulties experienced by passengers with a disability in communicating with air carrier personnel;
(F)
difficulties experienced by passengers with a disability in being moved, handled, or otherwise assisted;
(G)
an air carrier changing the flight itinerary of a passenger with a disability without the consent of such passenger;
(H)
issues experienced by passengers with a disability traveling with a service animal; and
(I)
such other issues as the Secretary determines appropriate.138 STAT. 1206
(3)
Overview.
Time period.
An overview of the review process for such complaints received during such calendar year.
(4)
The median length of time for how quickly review of such complaints was initiated by the Secretary.
(5)
The median length of time for how quickly such complaints were resolved or otherwise addressed.
(6)
Of the complaints that were found to violate section 41705 of title 49, United States Code—
(A)
the number of such complaints for which a formal enforcement order was issued; and
(B)
the number of such complaints for which a formal enforcement order was not issued.
(7)
How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under—
(A)
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(B)
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or
(C)
any other provision of law.
(8)
How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff (or other matters under the jurisdiction of the FAA) were referred to the FAA.
(9)
The number of disability-related aviation consumer complaints filed with the Department of Transportation involving Transportation Security Administration staff that were referred to the Transportation Security Administration or the Department of Homeland Security.
(c)
Definitions.—
(1)
In general.—
Except as provided in paragraph (2), the definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to this section.
(2)
Air carrier.—
The term “
air carrier
” means an air carrier conducting passenger operations under part 121 of title 14, Code of Federal Regulations.(3)
Passengers with a disability.—
In this section, the term “
passengers with a disability
” has the meaning given the term “qualified individual with a disability
” in section 382.3 of title 14, Code of Federal Regulations.SEC. 546.
49 USC 41728 note.
ACCOMMODATIONS FOR QUALIFIED INDIVIDUALS WITH DISABILITIES.
(a)
Notices.
Regulations.
In General.—
(1)
Advanced notice of proposed rulemaking.—
Not later than 180 days after the date of enactment of this Act, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.
(2)
Notice of proposed rulemaking.—
Not later than 18 months after the date on which the advanced notice of proposed rulemaking under paragraph (1) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.138 STAT. 1207
(3)
Final rule.—
Not later than 30 months after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this subsection.
(b)
Considerations.—
In carrying out the advanced notice of proposed rulemaking required in subsection (a)(1), the Secretary shall consider the following:
(1)
The scope and anticipated number of qualified individuals with a disability who—
(A)
may need to be seated with a companion to receive assistance during a flight; or
(B)
should be afforded bulkhead seats or other seating considerations.
(2)
The types of disabilities that may need seating accommodations.
(3)
Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, appropriate seating accommodations.
(4)
The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations.
(5)
Any notification given to qualified individuals with a disability regarding available seating accommodations.
(6)
Any method that is adequate to identify fraudulent claims for seating accommodations.
(7)
Any other information determined appropriate by the Secretary.
(c)
Known Service Animal Travel Pilot Program.—
(1)
In general.—
The Secretary shall establish a pilot program to allow approved program participants as known service animals for purposes of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal.
(2)
Requirements.—
The pilot program established under paragraph (1) shall—
(A)
be optional for a service animal accompanying a qualified individual with a disability;
(B)
provide for assistance for applicants, including over-the-phone assistance, throughout the application process for the program; and
(C)
with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations (or any successor regulations).
(3)
Consultation.—
In establishing the pilot program under paragraph (1), the Secretary shall consult with—
(A)
disability organizations, including advocacy and nonprofit organizations that represent or provide services to individuals with disabilities;
(B)
air carriers and foreign air carriers;
(C)
accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other 138 STAT. 1208
similar organizations and foreign and domestic governmental registrars of service animals;
(D)
other relevant departments or agencies of the Federal Government; and
(E)
other entities determined to be appropriate by the Secretary.
(4)
Eligibility.—
To be eligible to participate in the pilot program under this subsection, an individual shall—
(A)
be a qualified individual with a disability;
(B)
require the assistance of a service animal because of a disability; and
(C)
submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(5)
Grants.
Contracts.
Clarification.—
The Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this subsection.
(6)
Nominal fee.—
The Secretary may require an applicant to pay a nominal fee, not to exceed $25, to participate in the pilot program.
(7)
Time period.
Public information.
Reports to congress.—
Not later than 1 year after the establishment of the pilot program under this subsection, and annually thereafter until the date described in paragraph (8), the Secretary shall submit to the appropriate committees of Congress and make publicly available report on the progress of the pilot program.
(8)
Sunset.—
The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act.
(d)
Accredited Service Animal Training Programs and Authorized Registrars.—
Not
Web posting.
List.
later than 6 months after the date of enactment of this Act, the Secretary shall publish and maintain, on the website of the Department of Transportation, a list of—(1)
accredited programs that train service animals; and
(2)
authorized registrars that evaluate service animals.
(e)
Report to Congress on Service Animal Requests.—
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including—
(1)
during the reporting period, how many requests to board an aircraft with a service animal were made in total, and how many requests were made by qualified individuals with disabilities; and
(2)
the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as—
(A)
granted;
(B)
denied but not fraudulent; or
(C)
denied as fraudulent.
(f)
Training.—
(1)
Guidance.
Contracts.
In general.—
Not later than 180 days after the date of enactment of this section, the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal.138 STAT. 1209
(2)
Requirements.—
The guidance issued under paragraph (1) shall—
(A)
take into account respectful engagement with and assistance for individuals with a wide range of visible and nonvisible disabilities;
(B)
provide information on—
(i)
service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and
(ii)
the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and
(C)
outline the rights and responsibilities of the handler of the service animal.
(g)
Definitions.—
In this section:
(1)
Air carrier.—
The term “
air carrier
” has the meaning given that term in section 40102 of title 49, United States Code.(2)
Foreign air carrier.—
The term “
foreign air carrier
” has the meaning given that term in section 40102 of title 49, United States Code.(3)
Qualified individual with a disability.—
The term “
qualified individual with a disability
” has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.(4)
Service animal.—
The term “
service animal
” has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.SEC. 547.
49 USC 41728 note.
EQUAL ACCESSIBILITY TO PASSENGER PORTALS.
(a)
Applications and Information Communication Technologies.—
Deadline.
Regulations.
Standards.
Not later than 2 years after the date of enactment of this Act, the Secretary shall, in consultation with the United States Architectural and Transportation Barriers Compliance Board, issue regulations setting forth minimum standards to ensure that individuals with disabilities are able to access customer-focused kiosks, software applications, and websites of air carriers, foreign air carriers, and airports, in a manner that is equally as effective, and has a substantially equivalent ease of use, as for individuals without disabilities.(b)
Consistency With Guidelines.—
The standards set forth under subsection (a) shall be consistent with the standards contained in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium or any subsequent version of such Guidelines.
(c)
Review.—
(1)
Air carrier access act advisory committee review.—
The
Recommenda-
tions.
Air Carrier Access Act Advisory Committee shall periodically review, and make appropriate recommendations regarding, the accessibility of websites, kiosks, and information communication technology of air carriers, foreign air carriers, and airports, and make such recommendations publicly available.(2)
Deadlines.
Regulations.
DOT review.—
Not later than 5 years after issuing regulations under subsection (a), and every 5 years thereafter, the Secretary shall—
138 STAT. 1210
(A)
review the recommendations of the Air Carrier Access Act Advisory Committee regarding the regulations issued under this subsection; and
(B)
update such regulations as necessary.
SEC. 548.
Deadlines.
49 USC 41728 note.
AIRCRAFT ACCESS STANDARDS.
(a)
Aircraft Access Standards.—
(1)
Standards.—
(A)
Advance notice of proposed rulemaking.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall issue an advanced notice of proposed rulemaking regarding standards to ensure that the aircraft boarding and deplaning process is accessible, in terms of design for, transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs.
(B)
Notice of proposed rulemaking.—
Not later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding standards addressed in subparagraph (A).
(C)
Final rule.—
Not later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule.
(2)
Covered airport, equipment, and features.—
The standards prescribed under paragraph (1)(A) shall address, at a minimum—
(A)
boarding and deplaning equipment;
(B)
improved procedures to ensure the priority cabin stowage for manual assistive devices pursuant to section 382.67 of title 14, Code of Federal Regulations; and
(C)
improved cargo hold storage to prevent damage to assistive devices.
(3)
Consultation.—
For purposes of the rulemaking under this subsection, the Secretary shall consult with the Access Board and any other relevant department or agency to determine appropriate accessibility standards.
(b)
Notice.
In-Flight Entertainment Rulemaking.—
Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking in accordance with the November 22, 2016, resolution of the Department of Transportation ACCESS Committee and the consensus recommendation set forth in the Term Sheet Reflecting Agreement of the Access Committee Regarding In-Flight Entertainment.
(c)
Negotiated Rulemaking on In-Cabin Wheelchair Restraint Systems and Enplaning and Deplaning Standards.—
(1)
Timing.—
(A)
Deadline.
In general.—
Not later than 1 year after completion of the report required by section 544(e)(2), and if such report finds economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate individuals with disabilities using wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight, the Secretary shall conduct a negotiated rulemaking on new type certificated aircraft standards for seating 138 STAT. 1211
arrangements that accommodate such individuals in the main cabin during flight or an accessible route to a minimum of 2 aircraft passenger seats for passengers to access from personal assistive devices of such individuals.
(B)
Requirement.—
The negotiated rulemaking under subparagraph (A) shall include participation of representatives of—
(i)
air carriers;
(ii)
aircraft manufacturers;
(iii)
national disability organizations;
(iv)
aviation safety experts; and
(v)
mobility aid manufacturers.
(2)
Notice of proposed rulemaking.—
Not later than 1 year after the completion of the negotiated rulemaking required under paragraph (1), the Secretary shall issue a notice of proposed rulemaking regarding the standards described in paragraph (1).
(3)
Final rule.—
Not later than 1 year after the date on which the notice of proposed rulemaking under paragraph (2) is completed, the Secretary shall issue a final rule regarding the standards described in paragraph (1).
(4)
Considerations.—
In the negotiated rulemaking and rulemaking required under this subsection, the Secretary shall consider—
(A)
a reasonable period for the design, certification, and construction of aircraft that meet the requirements;
(B)
the safety of all persons on-board the aircraft, including necessary wheelchair standards and wheelchair compliance with FAA crashworthiness and safety performance criteria; and
(C)
the costs of design, installation, equipage, and aircraft capacity impacts, including partial fleet equipage and fare impacts.
(d)
Examination.
Visual and Tactilely Accessible Announcements.—
The Advisory Committee established under section 439 of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) shall examine technical solutions and the feasibility of visually and tactilely accessible announcements on-board aircraft.
(e)
Regulations.
Airport Facilities.—
Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49, United States Code, that ensure all gates (including counters), ticketing areas, and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities, including through the provision of visually and tactilely accessible announcements and full and equal access to aural communications.
(f)
Definitions.—
In this section:
(1)
Access board.—
The term “
Access Board
” means the Architectural and Transportation Barriers Compliance Board.(2)
Air carrier.—
The term “
air carrier
” has the meaning given such term in section 40102 of title 49, United States Code.(3)
Individual with a disability.—
The term “
individual with a disability
” has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations.138 STAT. 1212(4)
Foreign air carrier.—
The term “
foreign air carrier
” has the meaning given such term in section 40102 of title 49, United States Code.SEC. 549.
INVESTIGATION OF COMPLAINTS.
Section 41705(c) of title 49, United States Code, .
is amended
by striking
paragraph (1), and inserting
the following:“(1)
In general.—
The Secretary shall—
“(A)
Deadline.
Regulations.
not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; and
“(B)
Determination.
provide, in writing, to the individual that filed the complaint and the air carrier or foreign air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to—
“(i)
whether the air carrier or foreign air carrier violated this section or a regulation prescribed under this section;
“(ii)
the facts underlying the complaint; and
“(iii)
any action the Secretary is taking in response to the complaint.”
SEC. 550.
REMOVAL OF OUTDATED REFERENCES TO PASSENGERS WITH DISABILITIES.
(a)
Sovereignty and Use of Airspace.—
Section 40103(a)(2) of title 49, United States Code,
is amended
by striking
“handicapped individuals” and inserting
“individuals with disabilities”.(b)
Special Prices for Foreign Air Transportation.—
Section 41511(b)(4) of title 49, United States Code,
is amended
by striking
“handicap” and inserting
“disability”.(c)
Discrimination Against Individuals With Disabilities.—
Section 41705 of title 49, United States Code,
is amended
in the heading by striking
“handicapped individuals” and inserting
“individuals with disabilities”.(d)
Clerical Amendment.—
The analysis for chapter 417 of title 49, United States Code,
49 USC
prec. 41701.
is amended
by striking
the item relating to section 41705 and inserting
the following:“41705.
Discrimination against individuals with disabilities.”.
SEC. 551.
49 USC 41728 note.
ON-BOARD WHEELCHAIRS IN AIRCRAFT CABIN.
(a)
In General.—
If an individual informs an air carrier or foreign air carrier at the time of booking a ticket for air transportation on a covered aircraft that the individual requires the use of any wheelchair, the air carrier or foreign air carrier shall provide information regarding the provision and use of on-board wheelchairs, including the rights and responsibilities of the air carrier and passenger as such rights and responsibilities relate to the provision and use of on-board wheelchairs.
(b)
Public information.
Web posting.
Requirements.
Availability of Information.—
An air carrier or foreign air carrier that operates a covered aircraft shall provide on a publicly available website of the carrier information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier relating to on-board wheelchairs, including—
(1)
that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and 138 STAT. 1213
that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of title 14, Code of Federal Regulations) with an on-board wheelchair, unless an exception described in such section 382.65 applies;
(2)
that a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act)) may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair;
(3)
Advanced notice.
that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of title 14, Code of Federal Regulations, in order for the individual to be provided with the on-board wheelchair; and
(4)
if the air carrier or foreign air carrier requires the advance notice described in paragraph (3), information on how such a qualified individual with a disability can make such a request.
(c)
Definitions.—
In this section:
(1)
Applicability of terms.—
The definitions contained in section 40102 of title 49, United States Code, apply to this section.
(2)
Covered aircraft.—
The term “
covered aircraft
” means an aircraft that is required to be equipped with on-board wheelchairs in accordance with section 382.65 of title 14, Code of Federal Regulations.SEC. 552.
AIRCRAFT ACCESSIBILITY.
(a)
Deadline.
Study.
Evaluation.
In General.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a program to study and evaluate the accessibility of new transport category aircraft designs certified, including, at a minimum—
(1)
considering the safe boarding and deplaning processes for such aircraft, including individuals who use wheelchairs or other mobility aids, are blind or have limited vision, or are deaf or hard of hearing; and
(2)
Determination.
determining such aircraft can provide accessible lavatories.
(b)
Consultation.—
In conducting the study and evaluation under this section, the Secretary shall consult with—
(1)
air carriers;
(2)
aircraft manufacturers and aerospace supply companies; and
(3)
other stakeholders as determined appropriate by the Secretary.
(c)
Deadline.
Report and Recommendations.—
Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress—
(1)
a report on the findings of the study and evaluation under subsection (a); and
(2)
Recommenda-
tions.
any recommendations based on the findings of such study and evaluation.
(d)
Rule of Construction.—
Nothing in this section shall be construed to require the Secretary to require the retrofit of transport 138 STAT. 1214
category aircraft based on the findings and evaluation under subsection (a).
Subtitle C—
Air Service Development
SEC. 561.
ESSENTIAL AIR SERVICE REFORMS.
(a)
Reduction in Subsidy Cap.—
(1)
In general.—
Section 41731(a)(1)(C) of title 49, United States Code, .
is amended
to read as follows:“(C)
had an average subsidy per passenger, as determined by the Secretary—
“(i)
of less than $1,000 during the most recent fiscal year beginning before October 1, 2026, regardless of driving miles to the nearest large or medium hub airport;
“(ii)
of less than $850 during the most recent fiscal year beginning after September 30, 2026, regardless of driving miles to the nearest medium or large hub airport; and
“(iii)
of less than $650 during the most recent fiscal year for locations that are less than 175 miles from the nearest large or medium hub airport; and”
(2)
Notice.—
Section 41731(a)(1)(D)(ii)
is amended
by striking
“90-day” and inserting
“140-day”.(3)
Waivers.—
Section 41731(e) of title 49, United States Code, .
is amended
to read as follows:“(e)
Effective dates.
Time periods.
Waivers.—
“(1)
In general.—
The Secretary may waive, on an annual basis, subsections (a)(1)(B) and (a)(1)(C)(iii) with respect to an eligible place if such place demonstrates to the Secretary’s satisfaction that the reason the eligibility requirements of such subsections are not met is due to a temporary decline in demand.
“(2)
Limitation.—
Beginning with fiscal year 2027, the Secretary may not provide a waiver of subsection (a)(1)(B) to any location—
“(A)
in more than 2 consecutive fiscal years; or
“(B)
in more than 5 fiscal years within 25 consecutive years.
“(3)
Limitation.—
Beginning in fiscal year 2027, the Secretary may not provide a waiver of subsection (a)(1)(C)(iii) to any location—
“(A)
in more than 2 consecutive fiscal years; or
“(B)
in more than 5 fiscal years within 25 consecutive years.”
(4)
Repeals.
Conforming amendments.—
(A)
Section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 49 U.S.C. 41731 note) is
repealed
.(B)
Subsections (c) and (d) of section 426 of the FAA Modernization and Reform Act (49 U.S.C. 41731 note) are
repealed
.(b)
Restriction on Length of Routes.—
(1)
In general.—
Section 41732(a)(1) of title 49, United States Code, .
is amended
to read as follows:138 STAT. 1215
“(1)
to a medium or large hub airport less than 650 miles from an eligible place (unless such airport or eligible place are located in a noncontiguous State); or”
(2)
49 USC 41732 note.
Exception.—
The amendment made by paragraph (1) shall not apply to an eligible place that is served by an air carrier selected to receive essential air service compensation under subchapter II of chapter 417 of title 49, United States Code, if—
(A)
such service is in effect upon the date of enactment of this Act; and
(B)
such service is provided by the same air carrier that provided service on the date of enactment of this Act.
(3)
Sunset.—
Paragraph (2) shall cease to have effect on October 1, 2028.
(c)
Improvements to Basic Essential Air Service.—
Section 41732 of title 49, United States Code,
is amended
—(1)
in subsection (a)(2) by
inserting
“medium or large” after “nearest”; and(2)
in subsection (b)—
(A)
by
striking
paragraphs (3) and (4);(B)
by
redesignating
paragraph (5) as paragraph (3); and(C)
by
striking
paragraph (6).(d)
Level of Basic Essential Air Service.—
Section 41733 of title 49, United States Code,
is amended
—(1)
in subsection (c)(1)—
(A)
by ;
striking
subparagraph (B) and inserting
the following:“(B)
the contractual, marketing, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport;”
(B)
by
striking
subparagraph (C);(C)
by
redesignating
subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively;(D)
in subparagraph (C), as so redesignated, by
striking
“giving substantial weight to” and inserting
“including”;(E)
in subparagraph (D), as so redesignated, by
striking
“and” at the end;(F)
in subparagraph (E), as so redesignated, by
striking
the period and inserting
“; and”; and(G)
by ; and
adding
at the end the following:“(F)
the total compensation proposed by the air carrier for providing scheduled air service under this section.”
(2)
in subsection (h) by
striking
“by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022)” and inserting
“under section 41731(a)(1)(C)”.(e)
Sense of Congress.—
It is the sense of Congress that route structures to rural airports serve a critical function to the Nation by connecting many military installations to major regional airline hubs.
(f)
Ending, Suspending, and Reducing Basic Essential Air Service.—
Section 41734 of title 49, United States Code,
is amended
—(1)
in subsection (a)—138 STAT. 1216
(A)
by
striking
“An air carrier” and inserting
“Subject to subsection (d), an air carrier”; and(B)
by
striking
“90” and inserting
“140”;(2)
by ;
striking
subsection (d) and inserting
the following:“(d)
Continuation of Compensation After Notice Period.—
“(1)
In general.—
If an air carrier receiving compensation under section 41733 for providing basic essential air service to an eligible place is required to continue to provide service to such place under this section after the 140-day notice period under subsection (a), the Secretary—
“(A)
shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a);
“(B)
may pay an additional amount that represents a reasonable return on investment; and
“(C)
may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues.
“(2)
Contracts.
Authority.—
The Secretary may incorporate contract termination penalties or conditions on compensation into a contract for an air carrier to provide service to an eligible place that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service.”
(3)
in subsection (e) by
striking
“providing that service after the 90-day notice period” and all that follows through the period at the end of paragraph (2) and inserting
“providing that service after the 140-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 140-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs.”; and(4)
in subsection (f) by
inserting
“air” after “find another”.(g)
Enhanced Essential Air Service.—
Section 41735 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417
Repeals.
49 USC
prec. 41701.
of such title, arerepealed
.(h)
Compensation Guidelines, Limitations, and Claims.—
Section 41737(d) of title 49, United States Code,
is amended
—(1)
by
striking
“(1)” before “The Secretary may”; and(2)
by
striking
paragraph (2).(i)
Joint Proposals.—
Section 41740 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title,
Repeals.
49 USC
prec. 41701.
arerepealed
.(j)
Preservation of Basic Essential Air Service at Single Carrier Dominated Hub Airports.—
Section 41744 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title,
Repeals.
49 USC
prec. 41701.
arerepealed
.(k)
Community and Regional Choice Programs.—
Section 41745 of title 49, United States Code,
is amended
—138 STAT. 1217(1)
in subsection (a)(3), by
striking
subparagraph (E) and redesignating
subparagraph (F) as subparagraph (E);(2)
by
striking
subsections (b) and (c); and(3)
by
redesignating
subsections (d) through (g) as subsections (b) through (e), respectively.(l)
Marketing Program.—
Section 41748 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title,
Repeals.
49 USC
prec. 41701.
arerepealed
.SEC. 562.
SMALL COMMUNITY AIR SERVICE DEVELOPMENT GRANTS.
Section 41743 of title 49, United States Code,
is amended
—(1)
in subsection (c)—
(A)
in paragraph (4)(B), by
striking
“10-year” and inserting
“5-year”; and(B)
in paragraph (5)—
(i)
by
redesignating
subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively;(ii)
by ; and
inserting
after subparagraph (A) the following:“(B)
the community has demonstrated support from at least 1 air carrier to provide service;”
(iii)
in subparagraph (F), as so redesignated, by
inserting
“or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes)” after “terminated”;(2)
in subsection (d)—
(A)
in paragraph (1) by
inserting
“, which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal” after “3 years”; and(B)
in paragraph (2) by
inserting
“, or an airport where air service has been terminated or substantially reduced,” before “to obtain service”;(3)
in subsection (e)—
(A)
in paragraph (1) by
inserting
“or the community’s current air service needs” after “the project”; and(B)
in paragraph (2) by
striking
“$10,000,000 for each of fiscal years 2018 through 2023” and all that follows through “May 10, 2024” and inserting
“$15,000,000 for each of fiscal years 2024 through 2028”;(4)
in subsection (g)(4) by
striking
“and the creation of aviation development zones”; and(5)
by
striking
subsections (f) and (h) and redesignating
subsection (g) (as amended by paragraph (4)) as subsection (f).SEC. 563.
GAO STUDY AND REPORT ON THE ALTERNATE ESSENTIAL AIR SERVICE PILOT PROGRAM.
(a)
Study.—
The Comptroller General shall study the effectiveness of the alternate essential air service pilot program established under section 41745 of title 49, United States Code, (in this section referred to as the “Alternate EAS program”), including challenges, if any, that have impeded robust community participation in the Alternate EAS program.
(b)
Assessment.
Contents.—
The study required under subsection (a) shall include an assessment of potential changes to the Alternate EAS 138 STAT. 1218
program and the basic essential air service programs under subchapter II of chapter 417 of title 49, United States Code, including changes in which Governors of States or territories containing essential air service communities would be given block grants in lieu of essential air service subsidies.
(c)
Recommenda-
tions.
Briefing.—
Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the study required under subsection (a), including any recommendations for legislation and administrative action as the Comptroller General determines appropriate.
SEC. 564.
Deadline.
Review.
Time periods.
ESSENTIAL AIR SERVICE IN PARTS OF ALASKA.
Not later than September 1, 2024, the Secretary, in consultation with the appropriate State authority of Alaska, shall review all domestic points in the State of Alaska that were deleted from carrier certificates between July 1, 1968, and October 24, 1978, and that were not subsequently determined to be an eligible place prior to January 1, 1982, as a result of being unpopulated at that time due to destruction during the 1964 earthquake and its resultant tidal wave, to determine whether such points have been resettled or relocated and should be designated as an eligible place entitled to receive a determination of the level of essential air service supported, if necessary, with Federal funds.
SEC. 565.
ESSENTIAL AIR SERVICE COMMUNITY PETITION FOR REVIEW.
(a)
In General.—
Section 41733 of title 49, United States Code,
is amended
—(1)
in subsection (b)(2) by
inserting
“, as defined by the Secretary” after “appropriate representative of the place”; and(2)
by .
adding
at the end the following:“(i)
Determinations.
Community Petition for Review.—
“(1)
Petition.—
An appropriate representative of an eligible place, as defined by the Secretary, may submit to the Secretary a petition expressing no confidence in the air carrier providing basic essential air service under this section and requesting a review by the Secretary. A petition submitted under this subsection shall demonstrate that the air carrier—
“(A)
is unwilling or unable to meet the operational specifications outlined in the order issued by the Secretary specifying the terms of basic essential air service to such place;
“(B)
is experiencing reliability challenges with the potential to adversely affect air service to such place; or
“(C)
is no longer able to provide service to such place at the rate of compensation specified by the Secretary.
“(2)
Deadline.
Review.—
Not later than 2 months after the date on which the Secretary receives a petition under paragraph (1), the Secretary shall review the operational performance of the air carrier providing basic essential air service to such place that submitted such petition and determine whether such air carrier is fully complying with the obligations specified in the order issued by the Secretary specifying the terms of basic essential air service to such place.
“(3)
Termination.—
If based on a review under paragraph (2), the Secretary determines noncompliance by an air carrier 138 STAT. 1219
with an order specifying the terms for basic essential air service to the community, the Secretary may—
“(A)
terminate the order issued to the air carrier; and
“(B)
Notice.
issue a notice pursuant to subsection (c) that an air carrier may apply to provide basic essential air service to such place for compensation under this section and select an applicant pursuant to such subsection.
“(4)
Continuation of service.—
If the Secretary makes a determination under paragraph (3) to terminate an order issued to an air carrier under this section, the Secretary shall ensure continuity in air service to the affected place.”
SEC. 566.
ESSENTIAL AIR SERVICE AUTHORIZATION.
Section 41742(a)(2) of title 49, United States Code,
is amended
by striking
“$155,000,000 for fiscal year 2018” and all that follows through “May 10, 2024,” and inserting
“$348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028”.SEC. 567.
GAO STUDY ON COSTS OF ESSENTIAL AIR SERVICE.
(a)
Study.—
The Comptroller General shall conduct a study of the change in costs of the essential air service program under sections 41731 through 41742 of title 49, United States Code.
(b)
Contents.—
In conducting the study required under subsection (a), the Comptroller General shall—
(1)
Assessment.
assess trends in costs of the essential air service program under sections 41731 through 41742 of title 49, United States Code, over the 10-year period ending on the date of enactment of this Act; and
(2)
Review.
review potential causes for the increased cost of the essential air service program, including—
(A)
labor costs;
(B)
fuel costs;
(C)
aging aircraft costs;
(D)
air carrier opportunity costs;
(E)
airport costs; and
(F)
the effects of the COVID–19 pandemic.
(c)
Report.—
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a).
SEC. 568.
49 USC 41731 note.
RESPONSE TIME FOR APPLICATIONS TO PROVIDE ESSENTIAL AIR SERVICE.
The
Deadline.
Secretary shall take such actions as are necessary to respond with an approval or denial of any application filed by an applicant to provide essential air service under subchapter II of chapter 417 of title 49, United States Code, to the greatest extent practicable not later than 6 months after receiving such application. TheReview.
Analyses.
Time period.
Assistant General Counsel for International and Aviation Economic Law shall ensure the timely review of all orders proposed by the Essential Air Service Office, and such timeliness shall be analyzed annually by the General Counsel of the Department of Transportation.138 STAT. 1220SEC. 569.
State listing.
GAO STUDY ON CERTAIN AIRPORT DELAYS.
The Comptroller General shall conduct a study on flight delays in the States of New York, New Jersey, and Connecticut and the possible causes of such delays.
SEC. 570.
REPORT ON RESTORATION OF SMALL COMMUNITY AIR SERVICE.
(a)
Deadline.
Contracts.
In General.—
Not later than 90 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the loss of commercial air service in small communities in the United States and options to restore such service.
(b)
Contents.—
In conducting the study required under subsection (a), that National Academies shall—
(1)
Assessment.
Time period.
Termination date.
assess the reduction of scheduled commercial air service to small communities over a 5-year period ending on the date of enactment of this Act, to include small communities that have lost all scheduled commercial air service;
(2)
Review.
review economic trends that have resulted in reduction or loss of scheduled commercial air service to such communities;
(3)
Review.
review the economic losses of such communities who have suffered a reduction or loss of scheduled commercial air service;
(4)
identify the causes that prompted air carriers to reduce or eliminate scheduled commercial air service to such communities;
(5)
Assessment.
assess the impact of changing aircraft economics; and
(6)
identify recommendations that can be implemented by such communities or Federal, State, or local agencies to aid in the restoration or replacement of scheduled commercial air service.
(c)
Assessment.
Time period.
Case Studies.—
In conducting the study required under subsection (a), the National Academies shall assess not fewer than 7 communities that have lost commercial air service or have had commercial air service significantly reduced in the past 15 years, including—
(1)
Williamsport Regional Airport;
(2)
Alamogordo-White Sands Regional Airport; and
(3)
Chautauqua County Jamestown Airport.
(d)
Report.—
Not later than 1 year after the date of enactment of this Act, the National Academies shall submit to the Secretary and the appropriate committees of Congress a report containing—
(1)
the results of the study described in subsection (a); and
(2)
Recommenda-
tions.
recommendations to Congress and communities on action that can be taken to improve or restore scheduled commercial service to small communities.
(e)
Funding.—
No funding made available to carry out subchapter II of chapter 417 of title 49, United States Code, may be used to carry out this section.138 STAT. 1221
TITLE VI—
MODERNIZING THE NATIONAL AIRSPACE SYSTEM
SEC. 601.
Deadlines.
INSTRUMENT LANDING SYSTEM INSTALLATION.
(a)
In General.—
Not later than January 1, 2025, the Administrator shall expedite the installation of at least 15 instrument landing systems (in this section referred to as “ILS”) in the national airspace system by utilizing the existing ILS contract vehicle and the employees of the FAA.
(b)
Requirements.—
In carrying out subsection (a), the Administrator shall—
(1)
incorporate lessons learned from installations under section 44502(a)(4) of title 49, United States Code;
(2)
record metrics of cost and time savings of expedited installations;
(3)
consider opportunities to further develop ILS technical expertise among the employees of the FAA; and
(4)
consider the cost-benefit analysis of utilizing the existing ILS contract vehicle, the employees of the FAA, or both, to accelerate the installation and deployment of procured equipment.
(c)
Briefing to Congress.—
Not later than June 30, 2025, the Administrator shall brief the appropriate committees of Congress—
(1)
on the installation of ILS under this section;
(2)
describing any planned near-term ILS installations; and
(3)
outlining the approach of the FAA to accelerate future procurement and installation of ILS throughout the national airspace system in a manner consistent with the requirements of title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58).
SEC. 602.
NAVIGATION AIDS STUDY.
(a)
Deadline.
In General.—
Not later than 180 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate a study examining the effects of reclassifying navigation aids to Design Assurance Level–A from Design Assurance Level–B, including the following navigation aids:
(1)
Distance measuring equipment.
(2)
Very high frequency omni-directional range.
(3)
Tactical air navigation.
(4)
Wide area augmentation system.
(b)
Contents.—
In conducting the study required under subsection (a), the inspector general shall address—
(1)
the cost-benefit analyses associated with the reclassification described in such subsection;
(2)
the findings from the operational safety assessments and preliminary hazard analyses of the navigation aids listed in such subsection;
(3)
the risks of such reclassification on navigation aid equipment currently in use;
(4)
the potential impacts on global interoperability of navigational aids; and
(5)
what additional actions should be taken based on the findings of this subsection.138 STAT. 1222
(c)
Report.—
Not later than 24 months after the date of enactment of this Act, the inspector general shall submit to the appropriate committees of Congress a report describing the results of the study conducted under subsection (a).
SEC. 603.
Deadlines.
NEXTGEN ACCOUNTABILITY REVIEW.
(a)
Contracts.
Review.
In General.—
Not later than December 31, 2026, the Administrator shall seek to enter into an agreement with the National Academy of Public Administration to initiate a review to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the NextGen program.
(b)
Review Requirements.—
In conducting the review required under subsection (a), the National Academy of Public Administration shall—
(1)
leverage metrics used by the FAA to quantify the benefits of NextGen technology and investments;
(2)
validate metrics and identify additional metrics the FAA can use to track national airspace system throughput and savings as a result of NextGen investments—
(A)
by calculating a per flight average, weighted by distance, of the—
(i)
reduction and cumulative savings of track miles and time savings;
(ii)
reduction and cumulative savings of emissions and fuel burn; and
(iii)
reduction of aircraft operation time; and
(B)
by using any other metrics that the National Academy determines may provide insights into the quantifiable benefits for operators in the national airspace system; and
(3)
validate current metrics and identify additional metrics the FAA can use to track and assess fleet equipage across operators in the national airspace system, including identifying—
(A)
the percentage of aircraft equipped with NextGen avionics equipment as recommended in the report of the NextGen Advisory Committee titled “Minimum Capabilities List (MCL) Ad Hoc Team NAC Task 19–1 Report”, issued on November 17, 2020;
(B)
quantified costs and benefits for an operator to properly equip an aircraft with baseline NextGen avionics equipment over the lifecycle of such aircraft; and
(C)
cumulative unrealized NextGen benefits associated with rates of mixed equipage across operators.
(c)
Industry Consultation.—
In conducting the review required under subsection (a), the National Academy of Public Administration may consult with aviation industry stakeholders.
(d)
Recommenda-
tions.
Report.—
Not later than 270 days after the initiation of the review under subsection (a), the National Academy shall submit to the Administrator and the appropriate committees of Congress a report containing any findings and recommendations under such review.
(e)
Website.
Publication.—
Not later than 180 days after receiving the report required under subsection (d), the Administrator shall establish a website of the FAA that can be used to monitor and update—
138 STAT. 1223
(1)
the metrics identified by the review conducted under subsection (a) on a quarterly and annual basis through 2030, as appropriate; and
(2)
the total amount invested in NextGen technologies and resulting quantifiable benefits on a quarterly basis until the Administrator announces the completion of NextGen implementation.
SEC. 604.
Deadline.
49 USC 40103 note.
AIRSPACE ACCESS.
(a)
Coalescing Airspace.—
(1)
Review of national airspace system.—
Not later than 3 years after the date of enactment of this Act, the Administrator, in coordination with the Secretary of Defense, shall conduct a comprehensive review of the airspace of the national airspace system, including special use airspace.
(2)
Streamlining and expediting access.—
In carrying out paragraph (1), the Administrator shall identify methods to streamline, expedite, and provide greater flexibility of access to certain categories of airspace for users of the national airspace system who may not regularly have such access.
(b)
Briefing.—
(1)
Plan.
In general.—
Not later than 3 months after the completion of review the under subsection (a), the Administrator shall brief the appropriate committees of Congress on the findings of such review and a proposed action plan to improve access to airspace for users of the national airspace system.
(2)
Contents.—
In the briefing under paragraph (1), the Administrator shall include, at a minimum, the following:
(A)
An identification of current challenges and barriers faced by airspace users in accessing certain categories of airspace, including special use airspace.
(B)
Evaluation.
An evaluation of existing procedures, regulations, and requirements that may impede or delay access to certain categories of airspace for certain users of the national airspace system.
(C)
Actions for streamlining and expediting the airspace access process, including potential regulatory changes, technological advancements, and enhanced coordination among relevant stakeholders and Federal agencies.
(D)
Determination.
Implementation plan.
If determined appropriate, an implementation plan for a framework that allows for temporary access to certain categories of airspace, including special use airspace, by users of the national airspace system who do not have regular access to such airspace.
(E)
Assessment.
An assessment of the impact of airspace access improvements described in paragraph (1) on the safety of, efficiency of, and economic opportunities for airspace users, including—
(i)
military operators;
(ii)
commercial operators; and
(iii)
general aviation operators.
(3)
Implementation and follow-up.—
(A)
Action plan.—
The Administrator shall take such actions as are necessary to implement the action plan developed pursuant to this section.138 STAT. 1224
(B)
Coordination.—
In implementing the action plan under subparagraph (A), the Administrator shall coordinate with relevant stakeholders, including airspace users and the Secretary of Defense, to ensure effective implementation of such action plan, and ongoing collaboration in addressing airspace access challenges.
(C)
Updates.
Progress reports.—
The Administrator shall provide to the appropriate committees of Congress periodic briefings on the implementation of the action plan developed under this subparagraph (A), including updates on—
(i)
the adoption of streamlined procedures;
(ii)
technological enhancements; and
(iii)
any regulatory changes necessary to improve airspace access and flexibility.
SEC. 605.
Deadlines.
49 USC 47124 note.
FAA CONTRACT TOWER WORKFORCE AUDIT.
(a)
In General.—
Not later than 120 days after the date of enactment of this Act, the inspector general of the Department of Transportation shall initiate an audit of the workforce needs of the Contract Tower Program, as established under section 47124 of title 49, United States Code.
(b)
Contents.—
In conducting the audit required under subsection (a), the inspector general shall, at a minimum—
(1)
Review.
review the assumptions and methodologies used in assessing FAA contract towers staffing levels and determine the adequacy of staffing levels at such towers;
(2)
Evaluation.
evaluate the supply and demand of trained and certificated personnel prepared for work and such towers;
(3)
Examination.
examine efforts to establish an air traffic controller training program or curriculum to allow contract tower contractors to conduct—
(A)
initial training of controller candidates employed or soon to be employed by such contractors who do not have a Control Tower Operator certificate or a FAA tower credential;
(B)
any initial training for controller candidates who have completed an approved Air Traffic Collegiate Training Initiative program from an accredited school that has a demonstrated successful curriculum; or
(C)
on-the-job training of such candidates described in subparagraphs (A) or (B);
(4)
Assessment.
Contracts.
assess whether establishing pathways to allow contract tower contractors to use the air traffic technical training academy of the FAA, or other means such as higher educational institutions, to provide initial technical training for air traffic controllers employed by such contractors could improve the workforce needs of the contract tower program and any related impact such training may have on air traffic controller staffing more broadly; and
(5)
Consultation.
consult with the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code.
(c)
Recommenda-
tions.
Report.—
Not later than 90 days after the completion of the audit under subsection (a), the inspector general shall submit to the appropriate committees of Congress a report on the findings of such audit and any recommendations as a result of such audit.138 STAT. 1225
(d)
Implementation.—
The Administrator shall take such actions as are necessary to implement any recommendations included in the report required under subsection (c) with which the Administrator concurs.
(e)
Rule of Construction.—
Nothing in this subsection shall be construed as a delegation of authority by the Administrator to air traffic control contractors for the purposes of issuing initial certifications to air traffic controllers.
SEC. 606.
49 USC 47124 note.
AIR TRAFFIC CONTROL TOWER SAFETY.
In designing, adopting a design, or constructing an air traffic control tower based on a previously adopted design, the Administrator shall prioritize the safety of the national airspace system, the safety of employees of the Administration, the operational reliability of such air traffic control tower, and the costs of such tower.
SEC. 607.
AIR TRAFFIC SERVICES DATA REPORTS.
Section 45303(g)(2)(A) of title 49, United States Code,
is amended
by striking
“8 years” and inserting
“14 years”.SEC. 608.
CONSIDERATION OF SMALL HUB CONTROL TOWERS.
In selecting projects for the replacement of federally owned air traffic control towers from funds made available under the heading “Federal Aviation Administration—Facilities and Equipment” in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), the Administrator shall consider selecting projects at small hub commercial service airports with control towers that are at least 50 years old.
SEC. 609.
49 USC 44505 note.
FLIGHT PROFILE OPTIMIZATION.
(a)
Pilot Program.—
(1)
Grants.
Establishment.—
The Administrator shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as “FPO”) into the trajectory based-operations air traffic flow management system of the FAA.
(2)
Considerations.—
In establishing the pilot program under paragraph (1), the Administrator shall consider the following:
(A)
The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and diverse range of aircraft and advanced aviation aircraft.
(B)
The extent to which developed FPO capabilities may achieve environmental benefits and time savings.
(C)
The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the performance of the FAA in carrying out air traffic flow management system development projects.
(D)
Any other information the Administrator determines appropriate.
(3)
Requirement.
Application.—
To be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such 138 STAT. 1226
time, in such manner, and containing such information as the Administrator may require.
(4)
Maximum amount.—
A grant awarded under the program may not exceed $2,000,000 to a single air traffic flow management technology provider.
(b)
Deadline.
Time period.
Recommenda-
tions.
Briefing to Congress.—
Not later than 1 year after the date of enactment of this Act, and annually thereafter until the termination of the pilot program under subsection (d) established under this section, the Administrator shall brief the appropriate committees of Congress on the progress of such pilot program, including any implementation challenges of the program, detailed metrics of the program, and any recommendations to achieve the adoption of FPO.
(c)
Trajectory-based Operations Defined.—
In this section, the term “
trajectory-based operations
” means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements.(d)
Sunset.—
The pilot program under this section shall terminate on October 1, 2028.
SEC. 610.
EXTENSION OF ENHANCED AIR TRAFFIC SERVICES PILOT PROGRAM.
Section 547 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40103 note)
is amended
—(1)
by ; and
striking
subsection (d) and inserting
the following:“(d)
Definitions.—
In this section:
“(1)
Certain nextgen avionics.—
The term ‘
certain NextGen avionics
’ means those avionics and baseline capabilities as recommended in the report of the NextGen Advisory Committee titled ‘Minimum Capabilities List (MCL) Ad Hoc Team NAC Task 19–1 Report’, issued on November 17, 2020.“(2)
Preferential basis.—
The term ‘
preferential basis
’ means prioritizing aircraft equipped with certain NextGen avionics by providing them more efficient service, shorter queuing, or priority clearances to the maximum extent possible without reducing overall capacity or safety of the national airspace system.”(2)
in subsection (e) by
striking
“May 10, 2024” and inserting
“September 30, 2028”.SEC. 611.
49 USC 47124 note.
FEDERAL CONTACT TOWER WAGE DETERMINATIONS AND POSITIONS.
(a)
In General.—
The Secretary shall request that the Secretary of Labor—
(1)
Review.
Update.
review and update, as necessary, including to account for cost-of-living adjustments, the basis for the wage determination for air traffic controllers who are employed at air traffic control towers operated under the Contract Tower Program established under section 47124 of title 49, United States Code;
(2)
Reassessment.
reassess the basis for air traffic controller occupation codes;
(3)
create a new wage determination category or occupation code for managers of air traffic controllers who are employed at air traffic control towers operated under the Contract Tower Program; and138 STAT. 1227
(4)
Consultation.
consult with the Administrator in carrying out the requirements of paragraphs (1) through (3).
(b)
Report.—
Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall submit to the appropriate committees of Congress a report that includes—
(1)
a description of the findings and conclusions of the review and reassessment made under subsection (a);
(2)
an explanation of and justification for the basis for the wage determination; and
(3)
a description of the actions taken by the Department of Transportation and the Department of Labor to ensure that contract tower air traffic controller wages are adjusted for inflation and are assigned the appropriate occupation codes.
SEC. 612.
BRIEFING ON RADIO COMMUNICATIONS COVERAGE AROUND MOUNTAINOUS TERRAIN.
(a)
Deadline.
Arkansas.
Briefing Requirement.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the radio communications coverage within the airspace surrounding the Mena Intermountain Municipal Airport in Mena, Arkansas.
(b)
Briefing Contents.—
The briefing required under subsection (a) shall include the following:
(1)
The radio communications coverage within the airspace surrounding the Mena Intermountain Municipal Airport with the applicable Air Route Traffic Control Center.
(2)
The altitudes at which radio communications capabilities are lost within such airspace.
(3)
Recommenda-
tions.
Recommendations on changes to increase radio communications coverage below 4,000 feet above ground level within such airspace.
SEC. 613.
49 USC 44505 note.
AERONAUTICAL MOBILE COMMUNICATIONS SERVICES.
(a)
Evaluation.
Satellite Voice Communications Services.—
The Administrator shall evaluate the addition of satellite voice communication services (in this section referred to as “SatVoice”) to the Aeronautical Mobile Communications program (in this section referred to as the “AMCS program”) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace.
(b)
Deadline.
Analysis and Implementation Procedures.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall begin to develop the safety case analysis and implementation procedures for SatVoice instructions over the controlled oceanic and remote continental airspace regions of the FAA.
(c)
Requirements.—
The analysis and implementation procedures required under subsection (b) shall include, at a minimum, the following:
(1)
Network and protocol testing and integration with satellite service providers.
(2)
Operational testing with aircraft to identify and resolve performance issues.
(3)
Definition.
Standards.
A definition of Satcom Standards and Recommended Practices established through a collaboration with the International Civil Aviation Organization, which shall include an RCP–130 performance standard as well as SatVoice standards.138 STAT. 1228
(4)
Training for radio operators on new operation procedures and protocols.
(5)
Implementation plan.
A phased implementation plan for incorporating SatVoice services into the AMCS program.
(6)
Cost estimate.
The estimated cost of the implementation procedures for relevant stakeholders.
(d)
HF/VHF Minimum Equipage.—
(1)
Rule of construction.—
Nothing in this section shall be construed to affect the HF/VHF equipage requirement for communications in oceanic and remote continental airspace as of the date of enactment of this Act.
(2)
Maintenance of hf/vhf services.—
The Administrator shall maintain HF/VHF services existing as of the date of enactment of this Act as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.
SEC. 614.
49 USC 44505 note.
DELIVERY OF CLEARANCE TO PILOTS VIA INTERNET PROTOCOL.
(a)
Deadline.
Evaluation.
Determination.
In General.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall establish a pilot program to conduct testing and an evaluation to determine the feasibility of the use, in air traffic control towers, of technology for mobile clearance delivery for general aviation and on-demand air carriers operating under part 135 of title 14, Code of Federal Regulations, at suitable airports that do not have tower data link services.
(b)
Designations.
Airport Selection.—
(1)
Consultation.
In general.—
The Administrator shall designate 5 suitable airports for participation in the program established under subsection (a) after consultation with the exclusive representatives of air traffic controllers certified under section 7111 of title 5, United States Code, airport sponsors, aircraft and avionics manufacturers, MITRE, and aircraft operators
(2)
Airport size and complexity.—
In designating airports under paragraph (1), the Administrator shall designate airports of different size and complexity.
(c)
Program Objective.—
The program established under subsection (a) shall address and include safety, security, and operational requirements for mobile clearance delivery at airports and heliports across the United States.
(d)
Recommenda-
tions.
Report.—
Not later than 1 year after the date on which the program under subsection (a) is established, the Administrator shall submit to the appropriate committees of Congress a report on the safety, security, and operational performance of mobile clearance delivery at airports pursuant to this section and recommendations on how best to improve the program.
(e)
Definitions.—
In this section:
(1)
Mobile clearance delivery.—
The term “
mobile clearance delivery
” means the delivery of access to departure clearance and clearance cancellation via internet protocol via applications to pilots while aircraft are on the ground where traditional data link installations are not feasible or possible.(2)
Tower data link services.—
The term “
tower data link services
” means communications between controllers and pilots using controller-pilot data link communications.138 STAT. 1229(3)
Suitable airport.—
The term “
suitable airport
” means towered airports, non-towered airports, and heliports.SEC. 615.
STUDY ON CONGESTED AIRSPACE.
(a)
Deadline.
Study.—
Not later than 270 days after the date of enactment of this Act, the Comptroller General shall initiate a study on the efficiency and efficacy of scheduled commercial air service transiting congested airspace.
(b)
Examinations.
Contents.—
In carrying out the study required under subsection (a), the Comptroller General shall examine—
(1)
various regions of congested airspace and the differing factors of such regions;
(2)
commercial air service;
(3)
military flight activity;
(4)
emergency response activity;
(5)
commercial space launch and reentry activities;
(6)
weather; and
(7)
air traffic controller staffing.
(c)
Recommenda-
tions.
Report.—
Not later than 18 months after the initiation of the study under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study and recommendations to reduce the impacts to scheduled air service transiting congested airspace.
SEC. 616.
BRIEFING ON LIT VORTAC PROJECT.
(a)
Deadline.
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the Little Rock Port Authority Very High Frequency Omni-Directional Radio Range Tactical Air Navigation Aid Project (in this section referred to as “LIT VORTAC”).
(b)
Briefing Contents.—
The briefing required under subsection (a) shall include the following:
(1)
The status of the efforts by the FAA to relocate the LIT VORTAC.
(2)
The status of new flight planning of the relocated LIT VORTAC.
(3)
Timeline.
A description of and timeline for each remaining phase of the relocation of the LIT VORTAC.
SEC. 617.
49 USC 44701 note.
Deadline.
Review.
SURFACE SURVEILLANCE.
(a)
In General.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall conduct
138 STAT. 1230
138 STAT. 1230
a review of surface surveillance systems that are operational as of such date of enactment.
(b)
Contents.—
In carrying out the review under subsection (a), the Administrator shall—
(1)
demonstrate that any change to the configuration of surface surveillance systems or decommissioning of a sensor from such systems provides an equivalent level of safety as the current system;
(2)
Determination.
determine how a technology refresh of legacy sensor equipment can reduce operational and maintenance costs of surface surveillance systems compared to current costs and extend the useful life and affordability of such systems; and
(3)
consider how to enhance such systems through new capabilities and software tools that improve the safety of terminal airspace and the airport surface.
(c)
Consultation.—
In carrying out the review under subsection (a), the Administrator shall consult with—
(1)
aviation safety experts with specific knowledge of surface surveillance technology, including multilateration and automatic dependent surveillance-broadcast;
(2)
representatives of the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code, with expertise in surface safety; and
(3)
representatives of the exclusive bargaining representative of airway transportation systems specialists of the FAA certified under section 7111 of title 5, United States Code.
(d)
Briefing.—
Upon completion of the review under subsection (a), the Administrator shall brief the appropriate committees of Congress on the findings of such review.
(e)
Implementation.—
The Administrator may implement changes to surface surveillance systems consistent with the findings of the review described in subsection (d).
SEC. 618.
CONSIDERATION OF THIRD-PARTY SERVICES.
(a)
Plans and Policy.—
Section 44501 of title 49, United States Code,
is amended
—(1)
in subsection (a) by
striking
“development and location of air navigation facilities” and inserting
“development of air navigation facilities and services”; and(2)
in subsection (b)—
(A)
by
striking
“and development” and inserting
“procurement, and development” each place it appears;(B)
in paragraph (1) by
striking
“facilities and equipment” and inserting
“facilities, services, and equipment”;(C)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A) by
striking
“first and 2d years” and inserting
“first and second years”; and(ii)
in subparagraph (C) by
striking
“subclauses (A) and (B) of this clause” and inserting
“subparagraphs (A) and (B)”;(D)
in paragraph (3)—
(i)
by
striking
“the 3d, 4th, and 5th” and inserting
“the third, fourth, and fifth”; and(ii)
by
striking
“systems and facilities” and inserting
“systems, services, and facilities”; and138 STAT. 1231(E)
in paragraph (4)(B) by
striking
“growth of aviation” and inserting
“growth of the aerospace industry”.(b)
Systems, Procedures, Facilities, Services, and Devices.—
(1)
In general.—
Section 44505 of title 49, United States Code,
is amended
—(A)
in the section heading by
striking
“and devices” and inserting
“services, and devices”;(B)
in subsection (a) by
striking
“and devices” and inserting
“services, and devices” each place it appears; and(C)
in subsection (b) by
striking
“develop dynamic simulation models” and inserting
“develop or procure dynamic simulation models and tools” each place it appears.(2)
Clerical amendment.—
The analysis for chapter 445 of title 49, United States Code,
49 USC
prec. 44501.
is amended
by striking
the item relating to section 44505 and inserting
the following:“44505.
Systems, procedures, facilities, services, and devices.”.
SEC. 619.
Deadlines.
49 USC 40101 note.
NEXTGEN PROGRAMS.
(a)
Evaluation.
In General.—
Not later than 180 days after the date of enactment of this Act, and periodically thereafter as the Administrator determines appropriate, the Administrator shall convene FAA officials to evaluate and expedite the implementation of NextGen programs and capabilities.
(b)
Nextgen Program Prioritization.—
In allocating amounts appropriated pursuant to section 48101(a) of title 49, United States Code, the Secretary shall give priority to the following activities:
(1)
Performance-based navigation.
(2)
Data communications.
(3)
Terminal flight data manager.
(4)
Aeronautical information management.
(5)
Recommenda-
tions.
Other activities as recommended by the NextGen Advisory Committee and determined by the Administrator to be appropriate.
(c)
Performance-based Navigation.—
(1)
In general.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall fully implement performance-based navigation procedures for all terminal and enroute routes, including approach and departure procedures for covered airports.
(2)
Specific procedures.—
Pursuant to paragraph (1), the Administrator shall prioritize the following performance-based navigation procedures:
(A)
Trajectory-based operations.
(B)
Optimized profile descents.
(C)
Multiple airport route separation.
(D)
Established on required navigation performance.
(E)
Converging runway display aids.
(3) Performance-based navigation baseline equipage requirements.
Performance-based navigation baseline equipage requirements.Regulations.
Publication.
—
In carrying out paragraph (1), the Administrator shall issue such regulations as may be required, and publish applicable advisory circulars, to establish the equipage baseline appropriate for aircraft to safely use performance-based navigation procedures.
(4)
Utilization action plan.—
Not later than 180 days after enactment of this Act, the Administrator shall, in consultation with certified labor representatives of air traffic 138 STAT. 1232
controllers and the NextGen Advisory Committee, develop an action plan to utilize performance-based navigation procedures as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system.
(d)
Data Communications.—
(1)
In general.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall fully implement the use of data communications.
(2)
Specific capabilities.—
In carrying out subsection (a) and this subsection, the Administrator shall prioritize the following data communications capabilities:
(A)
Ground-to-ground message exchange for surface aircraft operations and runway safety at airports.
(B)
Automated message generation and receipt.
(C)
Message routing and transmission.
(D)
Direct communications with aircraft avionics.
(E)
Implementation of data communications at all Air Route Traffic Control Centers.
(F)
The Future Air Navigation System.
(e)
Terminal Flight Data Manager and Other Systems.—
(1) Terminal flight data manager.
Terminal flight data manager.Determination.
—
Not later than 4 years after the date of enactment of this Act, the Administrator shall install the Terminal Flight Data Manager system at not less than 89 airports in the United States based on the highest number of annual aircraft operations or a determination of operational need and the impact of installation and deployment on the national airspace system.
(2)
Electronic flight strips.—
At a minimum, the Administrator shall implement electronic flight strips at the air traffic control towers of airports described in paragraph (1).
(3)
Flow management data and services.—
Not later than 4 years after the date of enactment of this Act, if the Administrator finds that Terminal Flight Data Manager systems would be beneficial to safety or efficiency, the Administrator shall install Flow Management Data and Services at airports described under paragraph (1).
(4)
Appropriations.—
The activities under paragraphs (1), (2), and (3) of this subsection shall be contingent on the appropriation of funds to carry out this subsection.
(f)
Aeronautical Information Management Systems.—
(1)
In general.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall fully modernize the aeronautical information management systems of the FAA to improve the functionality, useability, durability, and reliability of such systems used in the national airspace system.
(2)
Requirements.—
In carrying out paragraph (1), the Administrator shall—
(A)
improve the distribution of critical safety information to pilots, air traffic control, and other relevant aviation stakeholders;
(B)
fully develop and implement the Enterprise Information Display System; and
(C)
notwithstanding a centralized aeronautical information management system, restructure the back-up 138 STAT. 1233
systems of aeronautical information management systems to be independent and self-sufficient from one another.
(g)
Nextgen Equipage Plan.—
(1)
In general.—
Not later than 14 months after the date of enactment of this Act, the Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics within the fleets of air carriers (as such term is defined in section 40102(a) of title 49, United States Code.
(2)
Contents.—
In developing the plan required under paragraph (1), the Administrator shall, at a minimum—
(A)
provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage of commercial and regional aircraft with certain NextGen avionics;
(B)
identify any remaining barriers for operators of commercial and regional aircraft to properly equip such aircraft with certain NextGen avionics, including any methods to address such barriers;
(C)
provide for the use of the best methods to highlight and enhance to operators of commercial and regional aircraft the benefits of equipping such aircraft with certain NextGen avionics; and
(D)
Guidelines.
Regulations.
include in such plan any equipage guidelines and regulations the Administrator determines necessary and appropriate.
(3)
Consultation.—
In developing the plan under paragraph (1), the Administrator shall consult with representatives from—
(A)
trade associations representing air carriers;
(B)
trade associations representing avionics manufacturers;
(C)
certified labor organizations representing air traffic controllers; and
(D)
any other representatives the Administrator determines appropriate.
(4)
Submission of plan.—
Not later than 15 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress the plan required under this subsection.
(5)
Regulations.
Implementation.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall initiate such actions necessary to implement the plan developed under paragraph (1), including initiating any required rulemaking.
(6)
Definition.—
In this subsection, the term “
certain NextGen avionics
” means those avionics and baseline capabilities as recommended in the report of the NextGen Advisory Committee titled “Minimum Capabilities List (MCL) Ad Hoc Team NAC Task 19–1 Report”, issued on November 17, 2020.(h)
Effect of Failure to Meet Deadline.—
(1)
Determination.
Notification of congress.—
For each deadline established under subsections (a) through (g), if the Administrator determines that the Administrator has not met or will not meet each such deadline, the Administrator shall, not later than 30 days after such determination, notify the appropriate committees of Congress about the failure to meet each deadline.138 STAT. 1234
(2)
Contents of notification.—
Each notification under paragraph (1) shall be accompanied by the following:
(A)
An explanation as to why the Administrator will not or did not meet the deadline described in such paragraph.
(B)
A description of the actions the Administrator plans to take to meet the deadline described in such paragraph.
(C)
Actions Congress can take to assist the Administrator in meeting the deadline described in such paragraph.
(3)
Time period.
Briefing.—
If the Administrator is required to provide notice under paragraph (1), the Administrator shall provide the appropriate committees of Congress quarterly briefings as to the progress made by the Administrator regarding implementation under the respective subsection for which the deadline will not be or was not met until such time as the Administrator has completed the required work under such subsection.
(i)
NextGen Advisory Committee Consultation.—
(1)
Recommenda-
tions.
In general.—
The Administrator shall consult and task the NextGen Advisory Committee with providing recommendations on ways to expedite, prioritize, and fully implement the NextGen program to realize the operational benefits of such programs.
(2)
Considerations.—
In providing recommendations under paragraph (1), the NextGen Advisory Committee shall consider—
(A)
air traffic throughput of the national airspace system;
(B)
daily operational performance, including delays and cancellations; and
(C)
the potential need for performance-based operational metrics related to the NextGen program and subsequent air traffic modernization programs and efforts.
SEC. 620.
Deadlines.
CONTRACT TOWER PROGRAM.
Section 47124 of title 49, United States Code,
is amended
—(1)
in subsection (b)(3) by ; and
adding
at the end the following:“(H)
Period for completion of an operational readiness inspection.—
The Secretary shall provide airport sponsors acting in good faith 7 years to complete an operational readiness inspection after receiving a benefit-to-cost ratio of air traffic control services for an airport.”
(2)
by .
adding
at the end the following:“(f)
Improving Controller Situational Awareness.—
“(1)
In general.—
Not later than 1 year after the date of enactment of this subsection, the Secretary shall allow air traffic controllers at towers operated under the Contract Tower Program to use approved advanced equipment and technologies to improve operational situational awareness, including Standard Terminal Automation Replacement System radar displays, Automatic Dependent Surveillance-Broadcast, Flight Data Input/Output, and Automatic Terminal Information System.
“(2)
Installation and maintenance.—
Not later than 2 years after the date of enactment of this subsection, the Secretary shall allow airports to—138 STAT. 1235
“(A)
procure a Standard Terminal Automation Replacement System or any equivalent system through the Federal Aviation Administration, and install and maintain such system using Administration services; or
“(B)
purchase a Standard Terminal Automation Replacement System, or any equivalent system, and install and maintain such system using services directly from an original equipment manufacturer.
“(3)
Requirements.—
To help facilitate the integration of the equipment and technology described in paragraph (1), the Secretary—
“(A)
Standards.
shall establish minimum performance and technical standards that ensure the safe use of equipment and technology, including commercial radar displays capable of displaying primary and secondary radar targets, for use by controllers in contract towers to improve situational awareness;
“(B)
shall identify approved vendors for such equipment and technology, to the maximum extent practicable;
“(C)
shall establish, in consultation with contract tower operators, an appropriate training program to periodically train air traffic controllers employed by such operators to ensure proper and efficient integration and use of the situational awareness equipment and technology described in paragraph (1) into contract tower operations;
“(D)
may add Standard Terminal Automation Replacement System equipment or any equivalent system to the minimum level of equipage necessary for Federal contract towers to perform the function of such towers, as applicable; and
“(E)
shall require that any technology, system, or equipment procured pursuant to this subsection be procured using non-Federal funds, except as made available under a grant issued pursuant to 47124(b)(4).
“(g)
Determinations.
Liability Insurance.—
“(1)
Consultation.
In general.—
Not later than 18 months after the date of enactment of this subsection, the Secretary shall consult with aviation industry experts, including air traffic control contractors and aviation insurance professionals, to determine adequate limits of liability for the Contract Tower Program.
“(2)
Requirement.
Interim steps.—
Not later than 6 months after the date of enactment of this subsection and until the Secretary makes a determination on liability limits under paragraph (1), the Secretary shall require air traffic control contractors to have excess liability insurance (as determined by the Secretary) to ensure continuity of such coverage should a major accident occur.
“(3)
Briefing.—
Not later than 24 months after the date of enactment of this subsection, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Commerce, Science, and Transportation of the Senate on the findings, conclusions, and actions taken and planned to be taken to carry out this subsection.”
SEC. 621.
Deadlines.
REMOTE TOWERS.
(a)
In General.—
Section 47124 of title 49, United States Code, is further amended—138 STAT. 1236
(1)
by .
adding
at the end the following:“(h)
Milestones for Design Approval of Remote Towers.—
“(1)
Publication.
In general.—
Not later than 180 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall create a program and publish milestones to achieve system design and operational approval for a remote tower system.
“(2)
Requirements.—
In carrying out paragraph (1), the Administrator shall—
“(A)
rely on support from the Office of Airports of the Federal Aviation Administration and the Air Traffic Organization of the Federal Aviation Administration, including the Air Traffic Services Service Unit and the Technical Operations Service Unit;
“(B)
Consultation.
consult with relevant stakeholders, as the Administrator determines appropriate;
“(C)
establish requirements for the system design and operational approval of remote towers, including—
“(i)
visual siting processes and requirements for electro-optical sensors;
“(ii)
datalink latency requirements;
“(iii)
visual presentation design requirements for monitors used to display sensor and camera feeds; and
“(iv)
any other wireless telecommunications infrastructure requirements to enable the operation of such towers;
“(D)
use a safety risk management panel process to address any safety issues with respect to a remote tower;
“(E)
Assessment.
if a remote tower is intended to be installed at a non-towered airport, assess the safety benefits of the remote tower against the lack of an existing tower;
“(F)
allow the use of surface surveillance technology, either standalone or integrated into the visual automation platform, as a situational awareness tool;
“(G)
Protocols.
Procedures.
establish protocols for contingency operations and procedures in the event of remote tower technology failures and malfunctions; and
“(H)
support active testing of a remote tower system that has achieved system design approval by the William J. Hughes Technical Center at an airport that has installed remote tower infrastructure to support such system.
“(3)
System design approval and evaluation process.—
Not later than December 31, 2024, the Administrator shall expand the system design approval and evaluation process for a digital or remote tower system to not less than 3 airports at which a digital or remote tower will be installed or operated at airports not located at the William J. Hughes Technical Center and using the criteria under section 161 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note), to the extent the Administrator has willing technology providers and airports interested in the installation and operation of such towers.
“(4)
Preservation of existing design approvals.—
Nothing in this subsection shall be construed to invalidate any system design approval activity carried out by the William 138 STAT. 1237
J. Hughes Technical Center prior to the date of enactment of this subsection.
“(5)
Prioritization for remote tower certification.—
In carrying out the program established under paragraph (1), the Administrator shall prioritize system design and operational approval for a remote tower system at—
“(A)
airports that do not have a permanent air traffic control tower at the time of application;
“(B)
airports that would provide small and rural community air service; or
“(C)
airports that have been newly accepted as of the date of enactment of this subsection into the Contract Tower Program.”
(b)
Time period.
Termination date.
Briefing to Congress.—
Not later than 180 days after the date of enactment of this Act, and every 6 months thereafter through October 1, 2028, the Administrator shall brief the appropriate committees of Congress on—
(1)
the status of remote and digital tower projects in the system design approval and commissioning process;
(2)
the effectiveness and adequacy of the pilot program established under section 161 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note); and
(3)
any other issues related to the demand for and potential use of remote tower technology that the Administrator determines are appropriate.
(c)
Conforming Amendments.—
Section 47124(b) of title 49, United States Code,
is amended
—(1)
in paragraph (3)(B)(ii) by
inserting
“or a remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “an operating air traffic control tower”; and(2)
in paragraph (4)(A)—
(A)
in clause (i)(III) by
inserting
“or remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”; and(B)
in clause (ii)(III) by
inserting
“or remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”.(d)
Extension.—
Section 161(a)(10) of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note)
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2028”.SEC. 622.
49 USC 44505 note.
AUDIT OF LEGACY SYSTEMS.
(a)
Deadline.
Determination.
In General.—
Not later than 120 days after the date of enactment of this Act, the Administrator shall initiate an audit of all legacy systems of the national airspace system to determine the level of operational risk, functionality, and security of such systems and the compatibility of such systems with current and future technology.
(b)
Scope of Audit.—
The audit required under subsection (a)—
(1)
shall be conducted by an independent third-party contractor or a federally funded research and development center selected by the Administrator;138 STAT. 1238
(2)
Assessment.
shall include an assessment of whether a legacy system is an outdated, insufficient, unsafe, or unstable legacy system;
(3)
with respect to any legacy systems identified in the audit as an outdated, insufficient, unsafe, or unstable legacy system, shall include—
(A)
Analysis.
an analysis of the operational risks associated with using such legacy systems;
(B)
Recommenda-
tions.
recommendations for replacement or enhancement of such legacy systems; and
(C)
Analysis.
an analysis of any potential impact on aviation safety and efficiency; and
(4)
Recommenda-
tions.
Assessment.
shall include recommended performance metrics by which the Administrator can assess the circumstances in which safety-critical communication, navigation, and surveillance aviation infrastructure within the national airspace system can remain in operational service, which take into account—
(A)
the expected lifespan of such aviation infrastructure;
(B)
the number and type of mechanical failures of such aviation infrastructure;
(C)
Costs.
Time period.
the average annual costs of maintaining such aviation infrastructure over a 5-year period and whether such costs exceed the cost to replace such aviation infrastructure; and
(D)
the availability of replacement parts or labor capable of maintaining such aviation infrastructure.
(c)
Deadline.—
Not later than 15 months after the date of enactment of this Act, the audit required under subsection (a) shall be completed.
(d)
Recommenda-
tions.
Report.—
Not later than 180 days after the audit required under subsection (a) is completed, the Administrator shall provide to the appropriate committees of Congress a report on the findings and recommendations of such audit, including—
(1)
Inventory.
an inventory of the legacy systems in use;
(2)
Assessment.
an assessment of the operational condition of the legacy systems in use, including the interoperability of such systems;
(3)
the average age of such legacy systems and, for each such legacy system, the intended design life of the system, by type; and
(4)
the availability of replacement parts, equipment, or technology to maintain such legacy systems.
(e)
Plan to Accelerate Drawdown, Replacement, or Enhancement of Identified Legacy Systems.—
(1)
Deadline.
In general.—
Not later than 120 days after the date on which the Administrator provides the report under subsection (d), the Administrator shall develop and implement a plan, in consultation with industry representatives, to accelerate the drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required under subsection (a) as outdated, insufficient, unsafe, or unstable legacy systems.
(2)
Priorities.—
In developing the plan under paragraph (1), the Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to aviation safety and the costs associated with the replacement or enhancement of such legacy systems.138 STAT. 1239
(3)
Collaboration with external experts.—
In carrying out this subsection, the Administrator shall—
(A)
collaborate with industry representatives and other external experts in information technology to develop the plan under paragraph (1) within a reasonable timeframe;
(B)
identify technologies in existence or in development that, with or without adaptation, are expected to be suitable to meet the technical information technology needs of the FAA; and
(C)
maintain consistency with the acquisition management system established and updated pursuant to section 40110(d) of title 49, United States Code.
(4)
Termination date.
Progress updates.—
The Administrator shall provide the appropriate committees of Congress with semiannual updates through September 30, 2028 on the progress made in carrying out the plan under paragraph (1).
(5)
Inspector general review.—
(A)
Deadline.
Assessment.
In general.—
Not later than 3 years after the Administrator develops the plan required under paragraph (1), the inspector general of the Department of Transportation shall assess such efforts of the Administration to drawdown, replace, or enhance any legacy systems identified under subsection (a).
(B)
Report.—
The inspector general shall submit to the appropriate committees of Congress a report on the results of the review carried out under subparagraph (A).
(f)
Definitions.—
In this section:
(1)
Industry.—
The term “
industry
” means aviation industry organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization standards.(2)
Legacy system.—
The term “
legacy system
” means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure, or other critical software and hardware systems owned by the FAA, that were deployed prior to the year 2000, including the Notice to Air Missions system.(3)
Outdated, insufficient, unsafe, or unstable legacy system.—
The term “
outdated, insufficient, unsafe, or unstable legacy system
” means a legacy system for which the likelihood of failure of such system creates a risk to air safety or security due to the age, ability to be maintained in a cost-effective manner, vulnerability to degradation, errors, or malicious attacks of such system, or any other factors that may compromise the performance or security of such system, including a legacy system—(A)
that is vulnerable or susceptible to mechanical failure; and
(B)
with a risk of a single point of failure or that lacks sufficient contingencies in the event of such failure.
SEC. 623.
Deadlines.
Recommenda-
tions.
AIR TRAFFIC CONTROL FACILITY REALIGNMENT STUDY.
(a)
Examination.—
(1)
Contracts.
In general.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with a federally funded research and 138 STAT. 1240
development center to conduct an Air Traffic Control Facility Realignment study to examine consolidating or otherwise reorganizing air traffic control facilities and the management of airspace controlled by such facilities.
(2)
Contents.—
In the study required under paragraph (1), the federally funded research and development center shall—
(A)
Evaluation.
evaluate the potential efficiencies that may result from a reorganization;
(B)
identify whether certain areas prone to airspace congestion or facility staff shortages would benefit from any enhanced flexibilities or operational changes; and
(C)
recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment.
(3)
Consultation.—
In carrying out this subsection, the federally funded research and development center shall consult with the exclusive representatives of air traffic controllers certified under section 7111 of title 5, United States Code.
(b)
Report.—
Not later than 15 months after the date of enactment of this Act, the federally funded research and development center shall submit to the Administrator a report detailing the findings of the study required under subsection (a) and recommendations related to consolidation or reorganization of air traffic control work facilities and locations.
(c)
Congressional Briefing.—
Not later than 18 months after receiving the report under subsection (b), the Administrator shall brief the appropriate committees of Congress on the results of the study under subsection (a) and any recommendations under subsection (b) related to consolidation or reorganization of air traffic control work facilities and locations.
SEC. 624.
AIR TRAFFIC CONTROL TOWER REPLACEMENT PROCESS REPORT.
(a)
Report Required.—
Not later than 120 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the process by which air traffic control tower facilities are chosen for replacement.
(b)
Contents.—
The report required under subsection (a) shall contain—
(1)
the process by which air traffic control tower facilities are chosen for replacement, including which divisions of the Administration control or are involved in the replacement decision making process;
(2)
Criteria.
Determination.
the criteria the Administrator uses to determine which air traffic control tower facilities to replace, including—
(A)
the relative importance of each such criteria;
(B)
why the Administrator uses each such criteria; and
(C)
the reasons for the relative importance of each such criteria;
(3)
Investigation.
Determination.
what types of investigation the Administrator carries out to determine if an air traffic control tower facility should be replaced;
(4)
Timeline.
a timeline of the replacement process for an individual air traffic control tower facility replacement;138 STAT. 1241
(5)
List.
the list of facilities established under subsection (c), including the reason for selecting each such facility; and
(6)
any other information the Administrator considers relevant.
(c)
49 USC 47124 note.
List of Replaced Air Traffic Control Tower Facilities.—
Web posting.
The Administrator shall establish, maintain, and publish on the website of the FAA a list of the following:(1)
Time period.
All air traffic control tower facilities replaced within the 10-year period preceding the date of enactment of this Act.
(2)
Determination.
Any air traffic control tower facilities for which the Administrator has made a determination requiring replacement, but for which such replacement has not yet been completed.
SEC. 625.
CONTRACT TOWER PROGRAM SAFETY ENHANCEMENTS.
(a)
49 USC 47124 note.
Pilot Program for Transitioning to FAA Towers.—
(1)
Deadline.
In general.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall establish a pilot program to convert high-activity air traffic control towers operating under the Contract Tower Program as established under section 47124 of title 49, United States Code, (in this section referred to as the “Contract Tower Program”) to a level I (Visual Flight Rules) tower staffed by the FAA.
(2)
Priority.—
In selecting air traffic control towers to participate in the pilot program established under paragraph (1), the Administrator shall prioritize air traffic control towers operating under the Contract Tower Program that—
(A)
either—
(i)
had over 200,000 annual tower operations in calendar year 2022; or
(ii)
served a small hub airport with more than 900,000 passenger enplanements in calendar year 2021;
(B)
are either currently owned by the FAA or are constructed to FAA standards; and
(C)
operate within complex airspace, including airspace that serves air carrier, general aviation, and military aircraft.
(3)
Determination.
Tower selection.—
The number of air traffic control towers selected to participate in the pilot program established under paragraph (1) shall be determined based on the availability of funds for the pilot program and the interest of the airport sponsor related to such facility.
(4)
Appointment.
Controller retention.—
With respect to any high-activity air traffic control tower selected to be converted under the pilot program established under paragraph (1), the Administrator shall appoint to the position of air traffic controller any air traffic controller who—
(A)
is employed at such air traffic control tower as of the date on which the Administrator selects such tower to be converted;
(B)
meets the qualifications contained in section 44506(f)(1)(A) of title 49, United States Code; and
(C)
has all other pre-employment qualifications required by law to be a certified controller of the FAA.
(5)
Safety analysis.—
138 STAT. 1242(A)
Determination.
In general.—
The Administrator shall conduct a safety analysis to determine whether the conversion of any air traffic control tower described in paragraph (1) negatively impacts aviation safety at such air traffic control tower and take such actions needed to address any negative impact.
(B)
Report.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report describing the results of the safety analysis under subparagraph (A), any actions taken to address any negative impacts to safety, and the overall results of the pilot program established under this subsection.
(6)
Authorization of appropriations.—
Out of amounts made available under section 106(k) of title 49, United States Code, there is authorized to be appropriated to carry out this subsection $30,000,000 to remain available for 5 fiscal years.
(b)
Air Traffic Controller Staffing Levels at Small and Medium Hub Airports.—
Section 47124(b)(2) of title 49, United States Code,
is amended
—(1)
by ; and
striking
“The Secretary may” and inserting
the following:“(A)
In general.—
The Secretary may”
(2)
by .
adding
at the end the following:“(B)
Requirement.
Deadline.
Small or medium hub airports.—
In the case of a contract entered into on or after the date of enactment of this subparagraph to operate an airport traffic control tower at a small or medium hub airport, the contract shall require the Secretary, after coordination with the airport sponsor and the entity, State, or subdivision, and not later than 18 months after the date of enactment of the FAA Reauthorization Act of 2024, to provide funding sufficient for the cost of wages and benefits of at least 2 air traffic controllers for each tower operating shift.”
(c)
Priorities for Facility Selection.—
Section 47124(b)(3)(C) of title 49, United States Code, .
is amended
by adding
at the end the following:“(viii)
Air traffic control towers at airports with safety or operational problems related to the lack of an existing tower.
“(ix)
Air traffic control towers at airports with projected commercial and military increases in aircraft or flight operations.
“(x)
Air traffic control towers at airports with a variety of aircraft operations, including a variety of commercial and military flight operations.”
SEC. 626.
SENSE OF CONGRESS ON USE OF ADVANCED SURVEILLANCE IN OCEANIC AIRSPACE.
It is the sense of Congress the FAA shall continue to evaluate the potential uses for space-based automatic dependent surveillance broadcast to improve surveillance coverage of domestic airspace including improving surveillance coverage over remote terrain and in oceanic airspace. If determined appropriate by the Administrator, the FAA shall consider whether additional testing would meaningfully contribute to the FAA’s processes for developing separation standards and more efficient routes.138 STAT. 1243
SEC. 627.
LOW-ALTITUDE ROUTES FOR VERTICAL FLIGHT.
(a)
Sense of Congress.—
It is the sense of Congress that the national airspace system requires additional rotorcraft, powered-lift aircraft, and low-altitude instrument flight rules, routes leveraging advances in performance based navigation in order to provide direct, safe, and reliable routes that ensure sufficient separation from higher altitude fixed wing aircraft traffic.
(b)
49 USC 40103 note.
Low-altitude Rotorcraft and Powered-lift Aircraft Instrument Flight Routes.—
(1)
Deadline.
Regulations.
Update.
Procedure.
In general.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall initiate a rulemaking process to establish or update, as appropriate, low altitude routes and flight procedures to ensure safe rotorcraft and powered-lift aircraft operations in the national airspace system.
(2)
Requirements.—
In carrying out this subsection, the Administrator shall—
(A)
incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure;
(B)
prioritize the development of new helicopter area navigation instrument flight rules routes as part of the United States air traffic service route structure that utilize performance based navigation, such as Global Positioning System and Global Navigation Satellite System equipment; and
(C)
consider the impact of such low altitude flight routes on other airspace users and impacted communities to ensure that such routes are designed to minimize—
(i)
the potential for conflict with existing national airspace system operations;
(ii)
the workload of air traffic controllers; and
(iii)
negative effects to impacted communities.
(3)
Consultation.—
In carrying out the rulemaking process under paragraph (1), the Administrator shall consult with—
(A)
stakeholders in the airport, heliport, rotorcraft manufacturer and operator, general aviation operator, powered-lift operator, air carrier, and performance based navigation technology manufacturer sectors;
(B)
the United States Helicopter Safety Team;
(C)
exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; and
(D)
other stakeholders determined appropriate by the Administrator.
SEC. 628.
REQUIRED CONSULTATION WITH NATIONAL PARKS OVERFLIGHTS ADVISORY GROUP.
Section 40128(b)(4) of title 49, United States Code,
is amended
—(1)
in subparagraph (C) by
striking
“and” at the end;(2)
in subparagraph (D) by
striking
the period at the end and inserting
“; and”; and(3)
by .
adding
at the end the following:“(E)
consult with the advisory group established under section 805 of the National Parks Air Tour Management Act of 2000 (49 U.S.C. 40128 note) and consider all advice, 138 STAT. 1244
information, and recommendations provided by the advisory group to the Administrator and the Director.”
SEC. 629.
Assessments.
UPGRADING AND REPLACING AGING AIR TRAFFIC SYSTEMS.
(a)
Study.—
(1)
Deadline.
Contracts.
In general.—
Not later than 60 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with a qualified organization to conduct a study to assess the need for upgrades to or replacement of existing automated surface observation systems/automated weather observing systems (in this section referred to as “ASOS/AWOS”) located in non-contiguous States.
(2)
Analyses.
Contents.—
The study conducted under paragraph (1) shall include an analysis of—
(A)
the age of each ASOS/AWOS located in non-contiguous States;
(B)
the number of days in the calendar year preceding the date on which the study is conducted that each such ASOS/AWOS was not able to accurately communicate or disseminate data for any period of time;
(C)
impacts of extreme severe weather on ASOS/AWOS outages;
(D)
the effective coverage of the existing ASOS/AWOS;
(E)
detailed upgrade requirements for each existing ASOS/AWOS, including an assessment of whether replacement would be the most cost-effective recommendation;
(F)
prior maintenance expenditures for each existing ASOS/AWOS;
(G)
a description of all upgrades or replacements made by the FAA to ASOS/AWOS prior to the date of enactment of this Act;
(H)
impacts of an outage or break in service in the FAA Telecommunications Infrastructure on such ASOS/AWOS; and
(I)
any other matter determined appropriate by the Administrator.
(b)
Report.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the findings of the study conducted under subsection (a), and include in such report—
(1)
Plan.
a plan for executing upgrades to or replacements of existing ASOS/AWOS located in non-contiguous States;
(2)
a plan for converting and upgrading such ASOS/AWOS communications to the FAA Telecommunications Infrastructure;
(3)
an assessment of the use of unmonitored navigational aids to allow for alternate airport planning for commercial and cargo aviation to limit ASOS/AWOS service disruptions;
Plan.
(4)
Evaluation.
Compliance.
an evaluation of additional alternative methods of compliance for obtaining weather elements that would be as sufficient as current data received through ASOS/AWOS; and
(5)
Recommenda-
tions.
any other recommendation determined appropriate by the Administrator.
(c)
Funding.—
To carry out the study under this section, the Administrator may use amounts made available pursuant to section 48101(c)(1) of title 49, United States Code.138 STAT. 1245
SEC. 630.
AIRSPACE INTEGRATION FOR SPACE LAUNCH AND REENTRY.
(a)
Sense of Congress.—
It is the Sense of Congress that—
(1)
a safe and efficient national airspace system that successfully supports existing users and integrates new entrants is of the utmost importance;
(2)
both commercial aviation and space launch and reentry operations are vital to United States global leadership, national security, and economic opportunity;
(3)
aircraft hazard areas are necessary during space launch and reentry operations to ensure public safety; and
(4)
the Administrator should prioritize the development and deployment of technologies to improve visibility of space launch and reentry operations within FAA computer systems and minimize operational workload to air traffic controllers associated with routing traffic during spaceflight launch and reentry operations.
(b)
Space Launch and Reentry Airspace Integration Technology.—
Time periods.
Determination.
Deadline.
Out of amounts made available under section 48101 of title 49, United States Code, $10,000,000 for each of the fiscal years 2025 through 2028 (or until such time as the Administrator determines that the project meeting the requirements of this section has reached an operational status) is available for the Administrator to carry out a project to expedite the development, acquisition, and deployment of technologies or capabilities to aid in space launch and reentry integration with the objective of operational readiness not later than December 31, 2026, which may include—(1)
technologies recommended by the Airspace Access Priorities aviation rulemaking committee in the final report titled “ARC Recommendations Final Report”, issued on August 21, 2019;
(2)
systems to enable the integration of launch and reentry data directly onto air traffic controller displays; and
(3)
automated systems to enable near real-time planning and dynamic rerouting of commercial aircraft during and following commercial space launch and reentry operations.
SEC. 631.
Deadline.
UPDATE TO FAA ORDER ON AIRWAY PLANNING STANDARD.
Not later than 180 days after the date of enactment of this Act, the Administrator shall take such actions as may be necessary to update ,the order of the FAA titled “Airway Planning Standard Number One–Terminal Air Navigation Facilities and Air Traffic Control Services” (FAA Order 7031.2c), to lower the remote radar bright display scope installation requirement from 30,000 annual itinerant operations to 15,000 annual itinerant operations.
TITLE VII—
MODERNIZING AIRPORT INFRASTRUCTURE
Subtitle A—
Airport Improvement Program Modifications
SEC. 701.
DEVELOPMENT OF AIRPORT PLANS.
Section 47101(g) of title 49, United States Code,
is amended
—138 STAT. 1246(1)
in paragraph (1) in the second sentence, by
inserting
“(including long-term resilience from the impact of natural hazards and severe weather events)” after “environmental”; and(2)
in paragraph (2)—
(A)
in subparagraph (C) by
striking
“and” at the end;(B)
in subparagraph (D) by
striking
the period at the end and inserting
“; and”; and(C)
by .
adding
at the end the following new subparagraph:“(E)
consider the impact of hazardous weather events on long-term operational resilience.”
SEC. 702.
AIP DEFINITIONS.
Section 47102 of title 49, United States Code,
is amended
—(1)
by ;
striking
paragraph (1) and inserting
the following:“(1)
‘air carrier’ has the meaning given such term in section 40102.”
(2)
in paragraph (3)—
(A)
in subparagraph (A)—
(i)
in clause (i) by
striking
“and” at the end;(ii)
in clause (ii) by
striking
the period at the end and inserting
“; and”; and(iii)
by ;
adding
at the end the following:“(iii)
a secondary runway at a nonhub airport that is equivalent in size and type to the primary runway of such airport.”
(B)
in subparagraph (B)—
(i)
in clause (iii) by
inserting
“and fuel infrastructure for such equipment to remove snow” after “surveillance equipment”;(ii)
in clause (ix) by
striking
“and” at the end;(iii)
in clause (x) by
striking
the period and inserting
“; and”; and(iv)
by ;
adding
at the end the following:“(xi)
a medium intensity approach lighting system with runway alignment indicator lights.”
(C)
in subparagraph (E) by
striking
“after December 31, 1991,”;(D)
in subparagraph (K) by
striking
“if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)) and if the airport would be able to receive emission credits, as described in section 47139”;(E)
in subparagraph (L) by
striking
“the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)), if the airport would be able to receive appropriate emission credits (as described in section 47139), and”;(F)
in subparagraph (P)—
(i)
by
striking
“improve the reliability and efficiency of the airport’s power supply” and inserting
“improve reliability and efficiency of the power supply of the airport or meet current and future electrical power demand”;138 STAT. 1247(ii)
by
inserting
“, renewable energy generation and storage infrastructure (including necessary substation upgrades to support such infrastructure)” after “electrical generators”;(iii)
by
striking
“supply, and” and inserting
“supply,”; and(iv)
by
striking
the period at the end and inserting
“, and smart glass (including electrochromic glass).”; and(G)
by ;
adding
at the end the following:“(S)
acquisition of advanced digital construction management systems and related technology used in the planning, design and engineering, construction, and maintenance of airport facilities when such systems or technologies are acquired to carry out a project approved by the Secretary under this subchapter.
“(T)
improvements, or planning for improvements (including monitoring equipment or services), that would be necessary to sustain commercial service flight operations or permit the resumption of such flight operations following a natural disaster (including an earthquake, flooding, high water, wildfires, hurricane, storm surge, tidal wave, tornado, tsunami, wind driven water, sea level rise, tropical storm, cyclone, land instability, or winter storm) at—
“(i)
a primary airport; or
“(ii)
a nonprimary airport that is designated as a Federal staging area or incident support base by the Administrator of the Federal Emergency Management Agency.
“(U)
a project to comply with rulemakings and recommendations on airport cybersecurity standards from the aviation rulemaking committee convened under section 395 of the FAA Reauthorization Act of 2024.
“(V)
reconstructing or rehabilitating an existing crosswind runway (regardless of the wind coverage of the primary runway) if the reconstruction or rehabilitation of such crosswind runway is in the most recently approved airport layout plan of the sponsor.
“(W)
constructing or acquiring such airport-owned infrastructure or equipment, notwithstanding revenue producing capability of such infrastructure or equipment, as may be required for—
“(i)
the on-airport distribution or storage of unleaded aviation gasoline for piston-driven aircraft, including on-airport construction or expansion of pipelines, storage tanks, low-emission fuel systems, and airport-owned fuel trucks providing exclusively unleaded aviation fuels (unless the Secretary determines that an alternative fuel may be safely used in such fuel truck for a limited time); or
“(ii)
fueling systems for type certificated hydrogen-powered aircraft.
“(X)
constructing, reconstructing, or rehabilitating a taxiway or taxilane that serves non-exclusive use aeronautical facilities, including aircraft storage facilities, except for the 50 feet of pavement immediately in front of an ineligible building.138 STAT. 1248
“(Y)
any other activity (excluding terminal development) that the Secretary concludes will reasonably improve the safety of the airport.”
(3)
in paragraph (5)—
(A)
in subparagraph (A) by
inserting
“and catchment area analyses” after “planning”;(B)
in subparagraph (B) by
striking
“and” at the end;(C)
in subparagraph (C) by
striking
the period at the end and inserting
“; and”; and(D)
by ;
adding
at the end the following:“(D)
assessing current and future electrical power demand for airport airside and landside activities.”
(4)
in paragraph (20)—
(A)
in subparagraph (B) by
striking
“or” at the end;(B)
in subparagraph (C) by
striking
the period at the end and inserting
“; or”; and(C)
by ;
adding
at the end the following:“(D)
the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau.”
(5)
in paragraph (27) by
striking
“the Trust Territory of the Pacific Islands,”; and(6)
in paragraph (28)(B) by
striking
“described in section 47119(a)(1)(B)” and inserting
“for moving passengers and baggage between terminal facilities and between terminal facilities and aircraft”.SEC. 703.
REVENUE DIVERSION PENALTY ENHANCEMENT.
(a)
In General.—
Section 47107 of title 49, United States Code,
is amended
—(1)
in subsection (m)(4) by
striking
“an amount equal to” and inserting
“an amount equal to double”; and(2)
in subsection (n)(1) by
striking
“an amount equal to” and inserting
“an amount equal to double”.(b)
49 USC 47107 note.
Applicability.—
The amendments made by subsection (a) shall not apply to any illegal diversion of airport revenues (as described in section 47107(m) of title 49, United States Code) that occurred prior to the date of enactment of this Act.
SEC. 704.
EXTENSION OF COMPETITIVE ACCESS REPORT REQUIREMENT.
Section 47107(r)(3) of title 49, United States Code,
is amended
by striking
“May 11, 2024” and inserting
“October 1, 2028”.SEC. 705.
RENEWAL OF CERTAIN LEASES.
Section 47107(t)(2) of title 49, United States Code,
is amended
—(1)
in subparagraph (A) by
striking
“the date of enactment of this subsection” and inserting
“October 7, 2016”; and(2)
by .138 STAT. 1249
striking
subparagraph (D) and inserting
the following:“(D)
that—
“(i)
supports the operation of military aircraft by the Air Force or Air National Guard—
“(I)
at the airport; or
“(II)
remotely from the airport; or
“(ii)
is for the use of nonaeronautical land or facilities of the airport by the National Guard.”
SEC. 706.
COMMUNITY USE OF AIRPORT LAND.
Section 47107(v) of title 49, United States Code, .
is amended
to read as follows:“(v)
Community Use of Airport Land.—
“(1)
In general.—
Notwithstanding subsections (a)(13), (b), and (c) and section 47133, and subject to paragraph (2), the sponsor of a public-use airport shall not be considered to be in violation of this subtitle, or to be found in violation of a grant assurance made under this section, or under any other provision of law, as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor has—
“(A)
entered into an agreement, including a revised agreement, with a local government providing for the use of airport property for an interim compatible recreational purpose at below fair market value; or
“(B)
permanently restricted the use of airport property to compatible recreational and public park use without paying or otherwise obtaining payment of fair market value for the property.
“(2)
Applicability.
Restrictions.—
“(A)
Interim compatible recreational purpose.—
Paragraph (1) shall apply, with respect to a sponsor that has taken the action described in subparagraph (A) of such paragraph, only—
“(i)
Contracts.
to an agreement regarding airport property that was initially entered into before the publication of the Federal Aviation Administration’s Policy and Procedures Concerning the Use of Airport Revenue, dated February 16, 1999;
“(ii)
Contracts.
if the agreement between the sponsor and the local government is subordinate to any existing or future agreements between the sponsor and the Secretary, including agreements related to a grant assurance under this section;
“(iii)
to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to January 1, 1989;
“(iv)
Statement.
Time period.
if the airport sponsor has provided a written statement to the Administrator that the property made available for a recreational purpose will not be needed for any aeronautical purpose during the next 10 years;
“(v)
Contracts.
Time periods.
if the agreement includes a term of not more than 2 years to prepare the airport property for the interim compatible recreational purpose and not more than 10 years of use for that purpose;
“(vi)
if the recreational purpose will not impact the aeronautical use of the airport;
“(vii)
Certification.
if the airport sponsor provides a certification that the sponsor is not responsible for preparation, startup, operations, maintenance, or any other costs associated with the recreational purpose; and
“(viii)
if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502.138 STAT. 1250
“(B)
Recreational use.—
Paragraph (1) shall apply, with respect to a sponsor that has taken the action described in subparagraph (B) of such paragraph, only—
“(i)
to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to January 1, 1989;
“(ii)
Contracts.
to airport property that has been continuously leased or licensed through a written agreement with a governmental entity or non-profit entity for recreational or public park uses since July 1, 2003;
“(iii)
Statement.
if the airport sponsor has provided a written statement to the Administrator that the recreational or public park use does not impact the aeronautical use of the airport and that the property to be permanently restricted for recreational or public park use is not needed for any aeronautical use at the time the written statement is provided and is not expected to be needed for any aeronautical use at any time after such statement is provided;
“(iv)
Certification.
if the airport sponsor provides a certification to the Administrator that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational or public park use;
“(v)
if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502; and
“(vi)
if the airport sponsor will—
“(I)
Contracts.
lease the property to a local government entity or non-profit entity to operate and maintain the property at no cost to the airport sponsor; or
“(II)
transfer title to the property to a local government entity subject to a permanent deed restriction ensuring compatible airport use under regulations issued pursuant to section 47502.
“(3)
Revenue from certain sales of airport property.—
Notwithstanding any other provision of law, an airport sponsor leasing or selling a portion of airport property as described in paragraph (2)(B)(vi) may—
“(A)
lease or sell such portion of airport property for less than fair market value; and
“(B)
subject to the requirements of subsection (b), retain the revenue from the lease or sale of such portion of airport property for use in accordance with section 47133.
“(4)
Statement.
Certification.
Requirement.
Secretary review and approval.—
Notwithstanding any other provision of law, and subject to the sponsor providing a written statement certifying such sponsor meets the requirements under this subsection, no actions permitted under this subsection shall require the review or approval of the Secretary of Transportation.
“(5)
Statutory construction.—
Nothing in this subsection may be construed as permitting a diversion of airport revenue for the capital or operating costs associated with the community use of airport land.
“(6)
Aeronautical use; aeronautical purpose defined.—
In this subsection, the terms ‘aeronautical use’ and ‘aeronautical purpose’—138 STAT. 1251
“(A)
mean all activities that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe;
“(B)
include services located at an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo; and
“(C)
do not include any uses of an airport that are not described in subparagraph (A) or (B), including any aviation-related uses that do not need to be located at an airport, such as flight kitchens and airline reservation centers.”
SEC. 707.
PRICE ADJUSTMENT PROVISIONS.
Section 47108 of title 49, United States Code,
is amended
—(1)
in subsection (a) by
striking
“47114(d)(3)(A) of this title” and inserting
“47114(d)(2)(A)”;(2)
by ;
striking
subsection (b) and inserting
the following:“(b)
Increasing Government Share.—
“(1)
In general.—
Except as provided in paragraph (2) or (3), the amount stated in an offer as the maximum amount the Government will pay may not be increased when the offer has been accepted in writing.
“(2)
Exception.—
For a project receiving assistance under a grant approved under this chapter or chapter 475, the amount may be increased—
“(A)
for an airport development project, by not more than 15 percent; and
“(B)
to acquire an interest in land for an airport (except a primary airport), based on creditable appraisals at the time of the acquisition or a court award in a condemnation proceeding, by not more than the greater of—
“(i)
15 percent; or
“(ii)
25 percent of the total increase in allowable project costs attributable to acquiring an interest in land.
“(3)
Price adjustment provisions.—
“(A)
Grants.
Contracts.
In general.—
The Secretary may incorporate a provision in a project grant agreement under which the Secretary agrees to pay more than the maximum amount otherwise specified in the agreement if the Secretary finds that commodity or labor prices have increased since the agreement was made.
“(B)
Decrease in costs.—
A provision incorporated in a project grant agreement under this paragraph shall ensure that the Secretary realizes any financial benefit associated with a decrease in material or labor costs for the project.”
(3)
by
striking
subsection (c); and(4)
by
redesignating
subsections (d) and (e) as subsections (c) and (d), respectively.SEC. 708.
UPDATING UNITED STATES GOVERNMENT’S SHARE OF PROJECT COSTS.
Section 47109 of title 49, United States Code, .
is amended
by adding
at the end the following:“(h)
Special Rule for Fiscal Years 2025 and 2026.—
Notwithstanding subsection (a), the Government’s share of allowable project 138 STAT. 1252
costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2025 and 2026 shall be 95 percent.”
SEC. 709.
ALLOWABLE PROJECT COSTS AND LETTERS OF INTENT.
Section 47110 of title 49, United States Code,
is amended
—(1)
in subsection (c)—
(A)
in the matter preceding paragraph (1) by
striking
“after May 13, 1946, and”; and(B)
in paragraph (1)—
(i)
by
inserting
“or preparing for” after “formulating”; and(ii)
by
inserting
“utility relocation, work site preparation,” before “and administration”;(2)
in subsection (d)(1) by
striking
“section 47114(c)(1) or 47114(d)” and inserting
“section 47114 or distributed from the small airport fund under section 47116”;(3)
in subsection (e)(2)(C) by
striking
“commercial service airport having at least 0.25 percent of the boardings each year at all such airports” and inserting
“medium hub airport or large hub airport”;(4)
in subsection (h) by
striking
“section 47114(d)(3)(A)” and inserting
“section 47114(c)(1)(D) or section 47114(d)(2)(A)”; and(5)
by
striking
subsection (i).SEC. 710.
SMALL AIRPORT LETTERS OF INTENT.
(a)
In General.—
Section 47110 of title 49, United States Code, is further amended by .
adding
at the end the following:“(i)
Small Airport Letters of Intent.—
“(1)
In general.—
The Secretary may issue a letter of intent to a sponsor stating an intention to obligate an amount from future budget authority for an airport development project (including costs of formulating the project) at a nonhub airport or an airport that is not a primary airport.
“(2)
Schedule.
Reimbursement.
Contents.—
In the letter issued under paragraph (1), the Secretary shall establish a schedule under which the Secretary will reimburse the sponsor for the Government’s share of allowable project costs, as amounts become available, if the sponsor, after the Secretary issues the letter, carries out the project without receiving amounts under this subchapter.
“(3)
Limitations.—
The amount the Secretary intends to obligate in a letter of intent issued under this subsection shall not exceed the larger of—
“(A)
the Government’s share of allowable project costs; or
“(B)
$10,000,000.
“(4)
Financing.—
Allowable project costs under paragraphs (1) and (2) may include costs associated with making payments for debt service on indebtedness incurred to carry out the project.
“(5)
Requirements.—
The Secretary shall issue a letter of intent under paragraph (1) only if—
“(A)
Notification.
the sponsor notifies the Secretary, before the project begins, of the intent of the sponsor to carry out the project and requests a letter of intent; and
“(B)
Compliance.
the sponsor agrees to comply with all statutory and administrative requirements that would apply to the 138 STAT. 1253
project if it were carried out with amounts made available under this subchapter.
“(6)
Assessment.—
In reviewing a request for a letter of intent under this subsection, the Secretary shall consider the grant history of an airport, the enplanements or operations of an airport, and such other factors as the Secretary determines appropriate.
“(7)
Prioritization.—
In issuing letters of intent under this subsection, the Secretary shall—
“(A)
prioritize projects that—
“(i)
cannot reasonably be funded by an airport sponsor using funds apportioned under section 47114(c), 47114(d)(2)(A), or 47114(d)(6), including funds apportioned under such sections in multiple fiscal years pursuant to section 47117(b)(1); and
“(ii)
are necessary to the continued safe operation or development of an airport; and
“(B)
structure the reimbursement schedules under such letters in a manner that minimizes unnecessary or undesirable project segmentation.
“(8)
No obligation or commitment.—
“(A)
In general.—
A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing.
“(B)
Obligation or commitment.—
An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation Acts.
“(9)
Limitation on statutory construction.—
Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.”
(b)
Conforming Amendments.—
(1)
Letters of intent.—
Section 47110(e)(7) of title 49, United States Code,
is amended
by striking
“under this section” and inserting
“under this subsection”.(2)
Priority for letters of intent.—
Section 47115(h) of title 49, United States Code,
is amended
by inserting
“prior to fulfilling intentions to obligate under section 47110(i)” after “section 47110(e)”.SEC. 711.
49 USC 47101 note.
PROHIBITION ON PROVISION OF AIRPORT IMPROVEMENT GRANT FUNDS TO CERTAIN ENTITIES THAT HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS OF UNITED STATES ENTITIES.
(a)
Effective date.
In General.—
Beginning on the date that is 30 days after the date of enactment of this Act, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a covered contract with any entity on the list required under subsection (b).
(b)
List Required.—
(1)
Deadline.
Public information.
In general.—
Not later than 30 days after the date of enactment of this Act, and thereafter as required under paragraph (2), the United States Trade Representative, the Attorney General, and the Administrator shall make available 138 STAT. 1254
to the Administrator a publicly-available list of entities manufacturing airport passenger boarding infrastructure or equipment that—
(A)
China.
are owned, directed by, or subsidized in whole or in part by the People’s Republic of China;
(B)
Determination.
have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States;
(C)
own or control, are owned or controlled by, are under common ownership or control with, or are successors to an entity described in subparagraph (A); or
(D)
Contracts.
have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with an entity described in subparagraph (A).
(2)
Time periods.
Updates to list.—
The United States Trade Representative shall update the list required under paragraph (1), based on information provided by the Attorney General and the Administrator—
(A)
not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and
(B)
not less frequently than annually thereafter.
(c)
Definitions.—
In this section:
(1)
Applicability.
In general.—
The definitions in section 47102 of title 49, United States Code, shall apply.
(2)
Covered contract.—
The term “
covered contract
” means a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.SEC. 712.
APPORTIONMENTS.
(a)
Primary, Commercial Service, and Cargo Airports.—
(1)
Primary and commercial service airports.—
Section 47114(c)(1) of title 49, United States Code, .
is amended
to read as follows:“(1)
Primary and commercial service airports.—
“(A)
Primary airport apportionment.—
The Secretary shall apportion to the sponsor of each primary airport for each fiscal year an amount equal to—
“(i)
$15.60 for each of the first 50,000 passenger boardings at the airport during the prior calendar year;
“(ii)
$10.40 for each of the next 50,000 passenger boardings at the airport during the prior calendar year;
“(iii)
$5.20 for each of the next 400,000 passenger boardings at the airport during the prior calendar year;
“(iv)
$1.30 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and
“(v)
$1.00 for each additional passenger boarding at the airport during the prior calendar year.
“(B)
Minimum and maximum apportionments.—
Not less than $1,300,000 nor more than $22,000,000 may be apportioned under subparagraph (A) to an airport sponsor for a primary airport for each fiscal year.138 STAT. 1255
“(C)
New airport.—
Notwithstanding subparagraph (A), the Secretary shall apportion in the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to $1,300,000 to the sponsor of such airport.
“(D)
Nonprimary commercial service airport apportionment.—
“(i)
In general.—
The Secretary shall apportion to each commercial service airport that is not a primary airport an amount equal to—
“(I)
$60 for each of the first 2,500 passenger boardings at the airport during the prior calendar year; and
“(II)
$153.33 for each of the next 7,499 passenger boardings at the airport during the prior calendar year.
“(ii)
Applicability.—
Paragraphs (4) and (5) of subsection (d) shall apply to funds apportioned under this subparagraph.
“(E)
Time periods.
Public airports with military use.—
Notwithstanding any other provision of law, a public airport shall be considered a primary airport in each of fiscal years 2025 through 2028 for purposes of this chapter if such airport was—
“(i)
designated as a primary airport in fiscal year 2017; and
“(ii)
in use by an air reserve station in the calendar year used to calculate apportionments to airport sponsors in a fiscal year.
“(F)
Special rule for fiscal year 2024.—
Notwithstanding any other provision of this paragraph or the absence of scheduled passenger service at an airport, the Secretary shall apportion in fiscal year 2024 to the sponsor of an airport an amount based on the number of passenger boardings at the airport during whichever of the following years that would result in the highest apportioned amount under this paragraph:
“(i)
Calendar year 2018.
“(ii)
Calendar year 2019.
“(iii)
The prior full calendar year prior to fiscal year 2024.”
(2)
Cargo airports.—
Section 47114(c)(2) of title 49, United States Code,
is amended
—(A)
in subparagraph (A)—
(i)
by
striking
“3.5” and inserting
“4”; and(ii)
by
striking
“100,000,000 pounds” and inserting
“25,000,000 pounds”;(B)
by
striking
subparagraph (C); and(C)
by
redesignating
subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively.(b)
General Aviation Airports.—
Section 47114(d) of title 49, United States Code,
is amended
—(1)
in paragraph (3)—
(A)
in the heading by
striking
“Special rule” and inserting
“Apportionment”;138 STAT. 1256(B)
by
striking
“excluding primary airports but including reliever and nonprimary commercial service airports” each place it appears and inserting
“excluding commercial service airports but including reliever airports”;(C)
in the matter preceding subparagraph (A) by
striking
“20 percent” and inserting
“25 percent”; and(D)
by ;
striking
subparagraphs (C) and (D) and inserting
the following:“(C)
An airport that has previously been listed as unclassified under the national plan of integrated airport systems that has reestablished the classified status of such airport as of the date of apportionment shall be eligible to accrue apportionment funds pursuant to subparagraph (A) so long as such airport retains such classified status.”
(2)
in paragraph (4)—
(A)
in the heading by
striking
“Airports in alaska, puerto rico, and hawaii” and inserting
“Airports in Noncontiguous States and Territories”;(B)
by ; and
striking
“An amount apportioned under paragraph (2) or (3)” and inserting
the following:“(A)
Alaska, puerto rico, and hawaii.—
An amount apportioned under this subsection”
(C)
by ;
adding
at the end the following:“(B)
Determinations.
Other territories.—
An amount apportioned under paragraph (2)(B)(i) may be made available by the Secretary for any public-use airport in Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands if the Secretary determines that there are insufficient qualified grant applications for projects at airports that are otherwise eligible for funding under that paragraph. The Secretary shall prioritize the use of such amounts in the territory the amount was originally apportioned in.”
(3)
in paragraph (5) by
inserting
“or subsection (c)(1)(D)” after “under this subsection”;(4)
in paragraph (6)—
(A)
by
striking
“provision of this subsection” and inserting
“provision of this section”; and(B)
by
inserting
“or subsection (c)(1)(D)” after “under this subsection”;(5)
by
striking
paragraph (2); and(6)
by
redesignating
paragraphs (3) through (7) as paragraphs (2) through (6), respectively.(c)
Conforming Amendments.—
(1)
Project grant application approval.—
Section 47106(a)(7) of title 49, United States Code,
is amended
by striking
“section 47114(d)(3)(B)” and inserting
“section 47114(d)(2)(B)”.(2)
Air traffic control contract program.—
Section 47124(b)(4) of title 49, United States Code, is further amended—
(A)
in subparagraph (A)(ii)—
(i)
in subclause (I) by
striking
“sections 47114(c)(2) and 47114(d)” and inserting
“subsections (c) and (d) of section 47114”;138 STAT. 1257(ii)
in subclause (II) by
striking
“sections 47114(c)(2) and 47114(d)(3)(A)” and inserting
“sections 47114(c) and 47114(d)(2)(A)”; and(iii)
in subclause (III) by
striking
“sections 47114(c)(2) and 47114(d)(3)(A)” and inserting
“sections 47114(c) and 47114(d)(2)(A)”; and(B)
in subparagraph (B)(v) by
striking
“section 47114(d)(2) or 47114(d)(3)(B)” and inserting
“section 47114(d)(2)(B)”.SEC. 713.
PFC TURNBACK REDUCTION.
(a)
In General.—
Section 47114(f) of title 49, United States Code,
is amended
—(1)
in paragraph (1)—
(A)
by
striking
“sponsor of an airport having at least .25 percent of the total number of boardings each year in the United States and” and inserting
“sponsor of a medium or large hub airport”;(B)
in subparagraph (A) by
striking
“50 percent” and inserting
“40 percent” each place it appears; and(C)
in subparagraph (B) by
striking
“75 percent” and inserting
“60 percent” each place it appears; and(2)
by .
striking
paragraphs (2) and (3) and inserting
the following:“(2)
Effective date of reduction.—
“(A)
New charge collection.—
A reduction in an apportionment under paragraph (1) shall not take effect until the first fiscal year following the year in which the collection of the charge imposed under section 40117 has begun.
“(B)
Applicability.
Time period.
New categorization.—
A reduction in an apportionment under paragraph (1) shall only be applied to an airport if such airport has been designated as a medium or large hub airport for 3 consecutive years.”
(b)
Time period.
49 USC 47114 note.
Applicability.—
For an airport that increased in categorization from a small hub to a medium hub in any fiscal year beginning after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254) and prior to the date of enactment of this Act, the amendment to section 47114(f)(2) of title 49, United States Code, under subsection (a) shall be applied as though the airport increased in categorization from a small hub to a medium hub in the calendar year prior to the first fiscal year in which such amendment is applicable.
SEC. 714.
AIRPORT SAFETY AND RESILIENT INFRASTRUCTURE DISCRETIONARY PROGRAM.
(a)
In General.—
Section 47115(j) of title 49, United States Code,
is amended
—(1)
in the heading by
striking
“Supplemental Discretionary Funds” and inserting
“Airport Safety and Resilient Infrastructure Discretionary Program”;(2)
Grants.
in paragraph (3) by ;
striking
subparagraph (B) and inserting
the following:“(B)
Minimum allocation.—
Not less than 50 percent of the amounts available under this subsection shall be used to provide grants at nonprimary, nonhub, and small hub airports.138 STAT. 1258
“(C)
Prioritization.—
In making grants for projects eligible under subparagraph (D)(iii), the Secretary shall prioritize grants to large and medium hub airports.
“(D)
Eligibilities.—
In making grants under this subsection, the Secretary shall provide grants to airports for projects that—
“(i)
meet the definition of ‘airport development’ under section 47102(3)(T);
“(ii)
would otherwise increase the resilience of airport infrastructure against changing flooding or inundation patterns; or
“(iii)
reduce runway incursions or increase runway or taxiway safety.”
(3)
in paragraph (4)(A) by ; and
striking
clauses (i) through (vi) and inserting
the following:“(i)
$532,392,074 for fiscal year 2024.
“(ii)
$200,000,000 for fiscal year 2025.
“(iii)
$200,000,000 for fiscal year 2026.
“(iv)
$200,000,000 for fiscal year 2027.
“(v)
$200,000,000 for fiscal year 2028.”
(4)
in paragraph (4)(B) by
striking
“2 fiscal years” and inserting
“3 fiscal years”.(b)
Briefing.—
(1)
Deadline.
Time period.
In general.—
Not later than 6 months after the Secretary first awards a grant for fiscal year 2025 under section 47115(j) of title 49, United States Code, and annually thereafter through 2028, the Secretary shall brief the appropriate committees of Congress on the grant program established under such section.
(2)
Contents.—
In briefing the appropriate committees of Congress under paragraph (1), the Secretary shall include—
(A)
a description of each project funded under the grant program established under section 47115(j), including the vulnerabilities such program addresses;
(B)
a description of projects completed that received funding under such program, including the total time between award and project completion;
(C)
a description of the consultation with other agencies that the Secretary has undertaken in carrying out such program;
(D)
Recommenda-
tions.
recommendations to improve the administration of such program, including additional consultation with other agencies and whether additional appropriation levels are appropriate; and
(E)
other items determined appropriate by the Secretary.
SEC. 715.
SPECIAL CARRYOVER ASSUMPTION RULE.
Section 47115 of title 49, United States Code, .
is amended
by adding
at the end the following:“(l)
Special Carryover Assumption Rule.—
Notwithstanding any other provision of law, in addition to amounts made available under paragraphs (1) and (2) of subsection (a), the Secretary may add to the discretionary fund an amount equal to one-third of the apportionment funds made available under section 47114 that were not required during the previous fiscal year pursuant to section 47117(b)(1) out of the anticipated amount of apportionment funds 138 STAT. 1259
made available under section 47114 that will not be required during the current fiscal year pursuant to section 47117(b)(1).”
SEC. 716.
SMALL AIRPORT FUND.
Section 47116 of title 49, United States Code,
is amended
—(1)
in subsection (b) by ;
striking
paragraphs (1) and (2) and inserting
the following:“(1)
Not more than 25 percent for grants for projects at small hub airports.
“(2)
Not less than 25 percent for grants to sponsors of public-use airports (except commercial service airports).
“(3)
Not less than 50 percent for grants to sponsors of commercial service airports that are not larger than a nonhub airport.”
(2)
in subsection (d)—
(A)
by
striking
paragraph (2); and(B)
by
redesignating
paragraph (3) as paragraph (2); and(3)
by .
striking
subsections (e) and (f) and inserting
the following:“(e)
General Aviation Transient Aprons.—
In distributing amounts from the fund described in subsection (a) to sponsors described in subsection (b)(2) and (b)(3), 5 percent of each amount shall be used for projects to construct or rehabilitate aprons intended to be used for itinerant general aviation aircraft parking.”
SEC. 717.
REVISION OF DISCRETIONARY CATEGORIES.
Section 47117 of title 49, United States Code,
is amended
—(1)
in subsection (b)(2)—
(A)
in subparagraph (A)(i) by
striking
“or (3)(A), whichever is applicable”; and(B)
in subparagraph (B)—
(i)
by
striking
“section 47114(d)(3)(A)” and inserting
“section 47114(d)(2)(A)”; and(ii)
by
striking
“section 47114(d)(3)(B)” and inserting
“section 47114(d)(2)(B)”;(2)
in subsection (c)(2) by
striking
“47114(d)(3)(A)” and inserting
“47114(d)(2)(A)”;(3)
in subsection (d)—
(A)
in paragraph (1) by
striking
“section 47114(d)(2)(A) of this title” and inserting
“section 47114(d)(2)(B)(i)”; and(B)
in paragraph (2)—
(i)
by
striking
“section 47114(d)(2)(B) or (C)” and inserting
“section 47114(d)(2)(B)(ii) or (iii)” in each place it appears; and(ii)
by
striking
“of this title”; and(4)
in subsection (e)—
(A)
in paragraph (1)—
(i)
in subparagraph (A)—
(I)
by
striking
“$300,000,000” and inserting
“$200,000,000”;(II)
by
striking
“for compatible land use planning and projects carried out by State and local governments under section 47141,”;(III)
by
striking
“section 47102(3)(Q)” and inserting
“subparagraphs (O), (P), (Q), and (W) of section 47102(3)”;138 STAT. 1260(IV)
by
striking
“to comply with the Clean Air Act (42 U.S.C. 7401 et seq.)”; and(V)
by
inserting
“The Secretary shall provide not less than two-thirds of amounts under this subparagraph and paragraph (3) for grants to sponsors of small hub, medium hub, and large hub airports.” after “being met in that fiscal year.”; and(ii)
by
striking
subparagraph (C); and(B)
by .
striking
paragraph (3) and inserting
the following:“(3)
Effective date.
Grants.
Special rule.—
Beginning in fiscal year 2026, if the amount made available under paragraph (1)(A) was not equal to or greater than $150,000,000 in the preceding fiscal year, the Secretary shall issue grants for projects eligible under paragraph (1)(A) from apportionment funds made available under section 47114 that are not required during the fiscal year pursuant to subsection (b)(1) in an amount that is not less than—
“(A)
$150,000,000; minus
“(B)
the amount made available under paragraph (1)(A) in the preceding fiscal year.”
SEC. 718.
DISCRETIONARY FUND FOR TERMINAL DEVELOPMENT COSTS.
(a)
Terminal Projects at Transitioning Airports.—
Section 47119(c) of title 49, United States Code,
is amended
—(1)
in paragraph (4) by
striking
“or” after the semicolon;(2)
in paragraph (5)—
(A)
by
striking
“section 47114(d)(3)(A)” and inserting
“sections 47114(c) and 47114(d)(2)(A)”; and(B)
by
striking
the period at the end and inserting
“; or”; and(3)
by .
adding
at the end the following:“(6)
Determination.
Study.
not more than $20,000,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115, to the sponsor of a nonprimary airport to pay costs allowable under subsection (a) for terminal development projects, if the Secretary determines (which may be based on actual and projected enplanement trends, as well as completion of an air service development study, demonstrated commitment by airlines to provide commercial service accommodating at least 10,000 annual enplanements, the documented commitment of a sponsor to providing the remaining funding to complete the proposed project, and a favorable environmental finding (including all required permits) in support of the proposed project) that the status of the nonprimary airport is reasonably expected to change to primary status based on enplanements for the third calendar year after the issuance of the discretionary grant.”
(b)
Limitation.—
Section 47119(f) of title 49, United States Code,
is amended
by striking
“$20,000,000” and inserting
“$30,000,000”.SEC. 719.
Determinations.
PROTECTING GENERAL AVIATION AIRPORTS FROM CLOSURE.
(a)
Non-surplus Property.—
Section 47125 of title 49, United States Code, .
is amended
by adding
at the end the following:138 STAT. 1261
“(c)
Waiving Restrictions.—
“(1)
In general.—
Subject to paragraph (2), the Secretary may grant to an airport, city, or county a waiver of any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes pursuant to section 16 of the Federal Airport Act (60 Stat. 179), section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232), or this section.
“(2)
Conditions.—
Any waiver granted by the Secretary pursuant to paragraph (1) shall be subject to the following conditions:
“(A)
The applicable airport, city, county, or other political subdivision shall agree that in conveying any interest in the real property which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its current fair market value.
“(B)
Any consideration received by the airport, city, or county under subparagraph (A) shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county.
“(C)
Such waiver—
“(i)
will not significantly impair the aeronautical purpose of an airport;
“(ii)
will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or
“(iii)
is necessary to protect or advance the civil aviation interests of the United States.
“(D)
Any other conditions required by the Secretary.
“(3)
List.
Annual reporting.—
The Secretary shall include a list and description of each waiver granted pursuant to paragraph (1) in the plan required under section 47103.”
(b)
Surplus Property.—
(1)
In general.—
Section 47151 of title 49, United States Code, .
is amended
by striking
subsection (d) and inserting
the following:“(d)
Notice.
Time period.
Waiver of Condition.—
The Secretary may not waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose unless the Secretary provides public notice not less than 30 days before the issuance of such waiver and determines that such waiver—
“(1)
will not significantly impair the aeronautical purpose of an airport;
“(2)
will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or
“(3)
is necessary to protect or advance the civil aviation interests of the United States.”
(2)
Waiving and adding terms.—
Section 47153 of title 49, United States Code, .
is amended
by striking
subsection (c) and inserting
the following:“(c)
Restrictions on Waiver.—
Notwithstanding subsections (a) and (b), the Secretary may not waive any term under this 138 STAT. 1262
section that an interest in land be used for an aeronautical purpose unless—
“(1)
Notice.
Time period.
the Secretary provides public notice not less than 30 days before the issuance of a waiver; and
“(2)
the Secretary determines that such waiver—
“(A)
will not significantly impair the aeronautical purpose of an airport;
“(B)
will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or
“(C)
is necessary to protect or advance the civil aviation interests of the United States.”
(c)
Repeals.—
(1)
Airports near closed or realigned bases.—
Section 1203 of the Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 47101 note), and the item relating to such section in the table of contents under section 1(b) of such Act, are
repealed
.(2)
Release from restrictions.—
Section 817 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47125 note), and the item relating to such section in the table of contents under section 1(b) of such Act, are
repealed
.SEC. 720.
STATE BLOCK GRANT PROGRAM.
(a)
Training.—
Section 47128 of title 49, United States Code, .
is amended
by adding
at the end the following:“(e)
Training for Participating States.—
“(1)
In general.—
The Secretary shall provide to each State participating in the block grant program under this section training or updated training materials for the administrative responsibilities assumed by the State under such program at no cost to the State.
“(2)
Timing.—
The training or updated training materials provided under paragraph (1) shall be provided at least once during each 2-year period and at any time there is a material change in the program.”
(b)
Administration.—
Section 47128 of title 49, United States Code, is further amended by .
adding
at the end the following:“(f)
Roles and Responsibilities of Participating States.—
“(1)
Memorandum.
Airports.—
Unless a State participating in the block grant program under this section expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to such program.
“(2)
Program documentation.—
“(A)
In general.—
Any grant agreement providing funds to be administered under such program shall be consistent with the most recently executed memorandum of agreement between the State and the Federal Aviation Administration.
“(B)
Requirement.
Parity.—
The Administrator of the Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Administrator would perform with 138 STAT. 1263
respect to such action if the State did not participate in the program.
“(3)
Responsibilities.—
Unless the State expressly agrees to retain responsibility, the Administrator shall retain responsibility for the following:
“(A)
Grant compliance investigations, determinations, and enforcement.
“(B)
Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property.
“(C)
Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property.
“(D)
Land use determinations, compatibility planning, and airport layout plan review and approval (consistent with section 47107(x)) for projects not funded by amounts available under this subchapter.
“(E)
Nonaeronautical and special event recommendations and approvals.
“(F)
Instrument approach procedure evaluations and determinations.
“(G)
Environmental review for projects not funded by amounts available under this subchapter.
“(H)
Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements.”
(c)
Distributions.
IIJA State Block Grant Program Administrative Funding.—
(1)
Deadline.
In general.—
Not later than 180 days after the date of enactment of this Act, the Secretary shall distribute administrative funding to assist States participating in the State block grant program under section 47128 of title 49, United States Code, with program implementation of airport infrastructure projects under the Infrastructure Investment and Jobs Act (Public Law 117–58).
(2)
Funding source.—
In distributing administrative funds to States under this subsection, the Secretary shall distribute such funds from the funds made available in the Infrastructure Investment and Jobs Act (Public Law 117–58) for personnel, contracting, and other costs to administer and oversee grants of the Airport Infrastructure Grants, Contract Tower Competitive Grant Program, and Airport Terminal Program.
(3)
Time periods.
Administrative funds.—
With respect to administrative funds made available for fiscal years 2022 through 2026—
(A)
Determination.
the amount of administrative funds available for distribution under paragraph (2) shall be an amount equal to a percentage determined by the Secretary, but not less than 2 percent, of the annual allocations provided under the heading “AIRPORT INFRASTRUCTURE GRANTS” under the heading “FEDERAL AVIATION ADMINISTRATION” in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program;
(B)
administrative funds distributed under paragraph (2) shall be used by such States to—138 STAT. 1264
(i)
administer and oversee, as outlined in a memorandum of agreement or other agreement between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act (Public Law 117–58) to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and
(ii)
carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act (Public Law 117–58); and
(C)
Contracts.
except as provided in paragraph (4), such administrative funds shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than December 1 of each fiscal year in which the Infrastructure Investment and Jobs Act (Public Law 117–58) provides airport grant program funds.
(4)
Time periods.
Contracts.
Deadline.
Initial distribution.—
With respect to administrative funds made available for fiscal years 2022 through 2024, funds available as of the date of enactment of this Act shall be distributed to States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment.
(d)
Report.—
The Comptroller General shall issue to the appropriate committees of Congress a report on the Office of Airports of the FAA and the airport improvement program under subchapter I of chapter 471 and chapter 475 of title 49, United States Code, and include in such report a description of—
(1)
the responsibilities of States participating in the block grant program under section 47128 of title 49, United States Code; and
(2)
the impact of title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) and other Federal administrative funding sources on the ability of such States to disburse and administer airport improvement program funds.
SEC. 721.
Grants.
INNOVATIVE FINANCING TECHNIQUES.
Section 47135 of title 49, United States Code,
is amended
—(1)
by ; and
striking
subsections (a) and (b) and inserting
the following:“(a)
Authority.—
“(1)
In general.—
The Secretary of Transportation may approve an application by an airport sponsor to use grants received under this subchapter for innovative financing techniques related to an airport development project that is located at an airport that is not a large hub airport.
“(2)
Approval.—
The Secretary may approve not more than 30 applications described under paragraph (1) in a fiscal year.
“(b)
Purposes.—
The purpose of grants made under this section shall be to—
“(1)
provide information on the benefits and difficulties of using innovative financing techniques for airport development projects;
“(2)
lower the total cost of an airport development project; or138 STAT. 1265
“(3)
expedite the delivery or completion of an airport development project without reducing safety or causing environmental harm.”
(2)
in subsection (c)(2)—
(A)
in subparagraph (C) by
striking
“and” at the end;(B)
in subparagraph (D) by
striking
the period at the end and inserting
“; and”; and(C)
by .
adding
at the end the following:“(E)
any other techniques that the Secretary determines are consistent with the purposes of this section.”
SEC. 722.
LONG-TERM MANAGEMENT PLANS.
Section 47136(c) of title 49, United States Code
is amended
—(1)
by
striking
“applicants that will” and inserting
the following: “applicants that—
;“(1)
will”
(2)
by
striking
the period at the end and inserting
“; and”; and(3)
by .
adding
at the end the following:“(2)
provide a long-term management plan for eligible vehicles and equipment that includes the existing and future infrastructure requirements of the airport related to such vehicles and equipment.”
SEC. 723.
ALTERNATIVE PROJECT DELIVERY.
(a)
In General.—
Section 47142 of title 49, United States Code,
is amended
—(1)
in the section heading by
striking
“Design-build contracting” and inserting
“Alternative project delivery”;(2)
in subsection (a)—
(A)
in the matter preceding paragraph (1)—
(i)
by
striking
“Administrator of the Federal Aviation Administration” and inserting
“Secretary of Transportation”; and(ii)
by
striking
“award a design-build” and inserting
“award a covered project delivery”;(B)
in paragraph (2) by
striking
“design-build” and inserting
“covered project delivery”; and(C)
in paragraph (4) by
striking
“design-build contract will” and inserting
“covered project delivery contract is projected to”; and(3)
by .
striking
subsection (c) and inserting
the following:“(c)
Grants.
Contracts.
Pilot Program.—
“(1)
Deadline.
Pilot program.—
Not later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated project delivery contracts, as described in subsection (d)(2), to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104.
“(2)
Application.—
“(A)
Requirement.
Eligibility.—
A sponsor of an airport may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction project under the pilot program that would otherwise be eligible for assistance under this chapter.138 STAT. 1266
“(B)
Approval.—
The Secretary may approve the application of a sponsor of an airport submitted under paragraph (1) to authorize such sponsor to award an integrated project delivery contract using a selection process permitted under applicable State or local law if—
“(i)
Criteria.
the Secretary approves the application using criteria established by the Secretary;
“(ii)
the integrated project delivery contract is in a form that is approved by the Secretary;
“(iii)
the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant;
“(iv)
the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project;
“(v)
the Secretary is satisfied that there will be no conflict of interest; and
“(vi)
the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process.
“(3)
Reimbursement of costs.—
“(A)
In general.—
The Secretary may reimburse a sponsor of an airport for any design or construction costs incurred before a grant is made pursuant to this section if—
“(i)
the project funding is approved by the Secretary in advance;
“(ii)
the project is carried out in accordance with all administrative and statutory requirements under this chapter; and
“(iii)
the project is carried out under this chapter after a grant agreement has been executed.
“(B)
Accounting.—
Reimbursement of costs shall be based on transparent cost accounting or open book cost accounting.
“(d)
Covered Project Delivery Contract Defined.—
In this section, the term ‘
covered project delivery contract
’ means—“(1)
an agreement that provides for both design and construction of a project by a contractor through alternative project delivery methods, including construction manager-at-risk and progressive design build; or
“(2)
a single contract for the delivery of a whole project that—
“(A)
includes, at a minimum, the sponsor, builder, and architect-engineer as parties that are subject to the terms of the contract;
“(B)
aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and
“(C)
includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.”
(b)
Deadline.
Briefing.—
Not later than 2 years after the Secretary establishes the pilot program under section 47142(c) of title 49, United 138 STAT. 1267
States Code (as amended by subsection (a)), the Secretary shall brief the appropriate committees of Congress on whether integrated project delivery or other covered project delivery contracts authorized under such section resulted in any project efficiencies.
(c)
Clerical Amendment.—
The analysis for chapter 471 of title 49, United States Code,
49 USC
prec. 47101.
is amended
by striking
the item relating to section 47142 and inserting
the following:“47142.
Alternative project delivery.”.
SEC. 724.
NONMOVEMENT AREA SURVEILLANCE SURFACE DISPLAY SYSTEMS PILOT PROGRAM.
Section 47143(c) of title 49, United States Code,
is amended
by striking
“May 11, 2024” and inserting
“October 1, 2028”.SEC. 725.
AIRPORT ACCESSIBILITY.
(a)
In General.—
Subchapter I of chapter 471 of title 49, United States Code, .
is amended
by adding
at the end the following:Ҥ 47145.
Grants.
Disabled persons.
49 USC 47145.
Pilot program for airport accessibility
“(a)
In General.—
The Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 701 note).
“(b)
Use of Funds.—
“(1)
In general.—
Subject to paragraph (2), a sponsor shall use a grant awarded under this section—
“(A)
for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities;
“(B)
Plan.
to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including—
“(i)
Assessments.
assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the disability advisory committee of the recipient airport (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a disability organization, including an advocacy or nonprofit organization that represents or provides services to individuals with disabilities; or
“(ii)
coordination by the disability advisory committee of the recipient airport with a protection and advocacy system, center for independent living, or such disability organization; or
“(C)
to carry out any other project that meets or exceeds the standards and regulations described in subsection (a).
“(2)
Limitation.—
Eligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a).138 STAT. 1268
“(c)
Eligibility.—
A sponsor may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities—
“(1)
consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and
“(2)
even if the related service, program, or activity, when viewed in the entirely of the service, program, or activity, is readily accessible and usable as so described.
“(d)
Selection Criteria.—
In making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing—
“(1)
a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or
“(2)
to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles.
“(e)
Plan.
Accessibility Commitment.—
A sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that—
“(1)
enhance the passenger experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by—
“(A)
upgrading bathrooms, counters, or pumping rooms;
“(B)
increasing audio and visual accessibility on information boards, security gates, or paging systems;
“(C)
Updates.
updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs);
“(D)
Updates.
Websites.
updating airport websites and other information communication technology to be accessible for individuals with disabilities; or
“(E)
increasing the number of elevators, including elevators that move power wheelchairs to an aircraft;
“(2)
improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities;
“(3)
Establishment.
establish a disability advisory committee if the airport is a small, medium, or large hub airport; and
“(4)
make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance.
“(f)
Coordination With Disability Advocacy Entities.—
In administering grants under this section, the Secretary shall encourage—
“(1)
engagement with disability advocacy entities (such as the disability advisory committee of the sponsor) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a disability organization, including an advocacy or nonprofit organization that represents or provides services to individuals with disabilities; and
“(2)
Assessments.
assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed 138 STAT. 1269
to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration.
“(g)
Federal Share of Costs.—
The Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109.
“(h)
Definitions.—
In this section:
“(1)
Center for independent living.—
The term ‘
center for independent living
’ has the meaning given such term in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).“(2)
Disability advisory committee.—
The term ‘
disability advisory committee
’ means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features, and improving accessibility for individuals with disabilities at airports.“(3)
Protection and advocacy system.—
The term ‘
protection and advocacy system
’ means a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).“(i)
Time periods.
Funding.—
Notwithstanding any other provision of this chapter, for each of fiscal years 2025 through 2028, the Secretary may use up to $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year to carry out this section.”
(b)
Conforming Amendment.—
The analysis for subchapter I of chapter 471 of title 49, United States Code,
49 USC
prec. 47101.
is amended
by inserting
after the item relating to section 47144 the following:“47145.
Pilot program for airport accessibility.”.
SEC. 726.
GENERAL AVIATION AIRPORT RUNWAY EXTENSION PILOT PROGRAM.
(a)
In General.—
Subchapter I of chapter 471 of title 49, United States Code, is further amended by .138 STAT. 1271
adding
at the end the following:Ҥ 47146.
49 USC 47146.
General aviation program runway extension pilot program
“(a)
Grants.
Establishment.—
The Secretary of Transportation shall establish and carry out a pilot program to provide grants to general aviation airports to increase the usable runway length capability at such airports in order to—
“(1)
expand access to such airports for larger aircraft; and
“(2)
support the development and economic viability of such airports.
“(b)
Grants.—
“(1)
In general.—
For the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year.
“(2)
Use of funds.—
A sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet in order to accommodate large 138 STAT. 1270
turboprop or turbojet aircraft that cannot be accommodated with the existing runway length.
“(3)
Requirement.
Eligibility.—
To be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.
“(4)
Selection.—
In selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is—
“(A)
inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application;
“(B)
a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and
“(C)
not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length.
“(c)
Project Justification.—
A project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding—
“(1)
any benefit-cost analysis required under section 47115(d); or
“(2)
a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014) (or any successor document).
“(d)
Federal Share.—
The Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109.
“(e)
Evaluations.
Report to Congress.—
Not later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including—
“(1)
information regarding the level of applicant interest in grants for increasing runway length;
“(2)
the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of the FAA Reauthorization Act of 2024, based on data provided to the Secretary by the airport sponsor not later than 6 months before the submission date described in this subsection; and
“(3)
a description, provided to the Secretary by the airport sponsor not later than 6 months before the submission date described in this subsection, of the economic development opportunities supported by increasing the runway length at general aviation airports.
“(f)
Time periods.
Funding.—
For each of fiscal years 2025 through 2028, the Secretary may use funds under section 47116(b)(2) to carry out this section.”
(b)
Clerical Amendment.—
The analysis for subchapter I of chapter 471 of title 49, United States Code,
49 USC
prec. 47101.
is further amended byinserting
after the item relating to section 47145 the following:“47146.
General aviation airport runway extension pilot program.”.
SEC. 727.
REPEAL OF OBSOLETE CRIMINAL PROVISIONS.
Section 47306 of title 49, United States Code, and the item relating to such section in the analysis for chapter 473
49 USC
prec. 47301.
of such title, arerepealed
.SEC. 728.
TRANSFERS OF AIR TRAFFIC SYSTEMS ACQUIRED WITH AIP FUNDING.
(a)
In General.—
Section 44502(e) of title 49, United States Code,
is amended
—(1)
in paragraph (1) by
striking
“An airport” and inserting
“Subject to paragraph (4), an airport in a non-contiguous State”;(2)
in paragraph (3)—
(A)
in subparagraph (B) by
striking
“or” at the end;(B)
in subparagraph (C) by
striking
the period at the end and inserting
“; or”; and(C)
by ; and
adding
at the end the following new subparagraph:“(D)
a Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights.”
(3)
by .
adding
at the end the following new paragraph:“(4)
Exception.—
The requirement under paragraph (1) that an eligible air traffic system or equipment be purchased in part using a Government airport aid program, airport development aid program, or airport improvement project grant shall not apply if the air traffic system or equipment is installed at an airport that is categorized as a basic or local general aviation airport under the most recently published national plan of integrated airport systems under section 47103.”
(b)
49 USC 44502 note.
Effective Date.—
The amendments made by this section shall take effect beginning on October 1, 2024.
SEC. 729.
49 USC 47101 note.
NATIONAL PRIORITY SYSTEM FORMULAS.
(a)
Deadline.
Review.
Update.
In General.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall review and update the National Priority System prioritization formulas contained in FAA Order 5090.5 to account for the amendments to chapter 471 of title 49, United States Code, made by this Act.
(b)
Required Consultation.—
In revising the formulas under subsection (a), the Secretary shall consult with representatives of the following:
(1)
Primary airports, including large, medium, small, and nonhub airports.
(2)
Non-primary airports, including general aviation airports.
(3)
Airport trade associations, including trade associations representing airport executives.
(4)
State aviation officials, including associations representing such officials.
(5)
Air carriers, including mainline, regional, and low-cost air carriers.
(6)
Associations representing air carriers.
(c)
Priority Projects.—
In revising the formulas under subsection (a), the Secretary shall assign the highest priority to projects 138 STAT. 1272
that increase or maintain the safety, efficiency, and capacity of the aviation system.
SEC. 730.
MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
(a)
Findings.—
Congress finds the following:
(1)
While significant progress has occurred due to the establishment of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program under sections 47113 and 47107(e) of title 49, United States Code, respectively, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in airport-related markets across the Nation.
(2)
Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. Such testimony and documentation show that race- and gender-neutral efforts alone are insufficient to address the problem.
(3)
The testimony and documentation described in paragraph (2) demonstrate that race and gender discrimination pose a barrier to full and fair participation in airport-related businesses of women business owners and minority business owners in the racial groups detailed in parts 23 and 26 of title 49, Code of Federal Regulations, and has impacted firm development and other aspects of airport-related business in the public and private markets.
(4)
The testimony and documentation described in paragraph (2) provide a strong basis that there is a compelling need for the continuation of the airport disadvantaged business enterprise program and the airport concessions disadvantaged business enterprise program to address race and gender discrimination in airport-related business.
(b)
Supportive Services.—
Section 47113 of title 49, United States Code, .
is amended
by adding
at the end the following:“(f)
Supportive Services.—
“(1)
In general.—
The Secretary, in coordination with the Administrator of the Federal Aviation Administration, may, at the request of an airport sponsor, provide assistance under a grant issued under this subchapter to develop, conduct, and administer training programs and assistance programs in connection with any airport improvement project subject to part 26 of title 49, Code of Federal Regulations, for small business concerns referred to in subsection (b) to achieve proficiency to compete, on an equal basis for contracts and subcontracts related to such projects.
“(2)
Eligible entities.—
An entity eligible to receive assistance under this section is—
“(A)
a State;
“(B)
a political subdivision of a State or local government;
“(C)
a Tribal government;
“(D)
an airport sponsor;
“(E)
a metropolitan planning organization;138 STAT. 1273
“(F)
a group of entities described in subparagraphs (A) through (E); or
“(G)
any other organization considered appropriate by the Secretary.”
SEC. 731.
EXTENSION OF PROVISION RELATING TO AIRPORT ACCESS ROADS IN REMOTE LOCATIONS.
Section 162 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47102 note)
is amended
, in the matter preceding paragraph (1), by striking
“2018” and all that follows through “2024” and inserting
“2024 through 2028”.SEC. 732.
49 USC 47103 note.
POPULOUS COUNTIES WITHOUT AIRPORTS.
Notwithstanding any other provision of law, the Secretary may not deny inclusion in the national plan of integrated airport systems maintained under section 47103 of title 49, United States Code, to an airport or proposed airport if the airport or proposed airport—
(1)
is located in the most populous county (as such term is defined in section 2 of title 1, United States Code) of a State that does not have an airport listed in the national plan;
(2)
has an airport sponsor that was established before January 1, 2017;
(3)
is located more than 15 miles away from another airport listed in the national plan;
(4)
Time period.
demonstrates how the airport will meet the operational activity required, through a forecast validated by the Secretary, within the first 10 years of operation;
(5)
meets FAA airport design standards;
(6)
submits a benefit-cost analysis;
(7)
Plan.
presents a detailed financial plan to accomplish construction and ongoing maintenance; and
(8)
has the documented support of the State government for the entry of the airport or proposed airport into the national plan.
SEC. 733.
Deadlines.
49 USC 47101 note.
AIP HANDBOOK UPDATE.
(a)
In General.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall revise the Airport Improvement Program Handbook (FAA Order 5100.38D) (in this section referred to as the “AIP Handbook”) to account for legislative changes to the airport improvement program under subchapter I of chapter 471 and chapter 475 of title 49, United States Code, and to make such other changes as the Administrator determines necessary.
(b)
Requirements Relating to Alaska.—
In revising the AIP Handbook under subsection (a) (and in any subsequent revision), the Administrator, in consultation with the Governor of Alaska, shall identify and incorporate reasonable exceptions to the general requirements of the AIP Handbook to meet the unique circumstances, and advance the safety needs, of airports in Alaska, including with respect to the following:
(1)
Snow Removal Equipment Building size and configuration.
(2)
Expansion of lease areas.
(3)
Shared governmental use of airport equipment and facilities in remote locations.138 STAT. 1274
(4)
Ensuring the resurfacing or reconstruction of legacy runways to support—
(A)
aircraft necessary to support critical health needs of a community;
(B)
remote fuel deliveries; and
(C)
firefighting response.
(5)
The use of runway end identifier lights at airports in Alaska.
(c)
Additional Requirement.—
In revising the AIP Handbook under subsection (a), the Administrator shall include updates to reflect whether a light emitting diode system is an appropriate replacement for any existing halogen system.
(d)
Public Comment.—
(1)
Publication.
Time period.
In general.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall publish a draft revision of the AIP Handbook and make such draft available for public comment for a period of not less than 90 days.
(2)
Review.—
The Administrator shall—
(A)
review all comments submitted during the public comment period described under paragraph (1);
(B)
as the Administrator considers appropriate, incorporate changes based on such comments into the final revision of the Handbook; and
(C)
provide a response to all significant comments.
(e)
Guidance letters.
Interim Implementation of Changes.—
(1)
In general.—
Except as provided in paragraph (2), not later than 1 year after the date of enactment of this Act, the Administrator shall issue program guidance letters to provide for the interim implementation of amendments made by this Act to the Airport Improvement Program.
(2)
Alaska exceptions.—
Not later than 60 days after the date on which the Administrator identified reasonable exceptions under subsection (b), the Administrator, in consultation with the Regional Administrator of the FAA Alaskan Region, shall issue program guidance letters to provide for the interim application of such exceptions.
SEC. 734.
GAO AUDIT OF AIRPORT FINANCIAL REPORTING PROGRAM.
(a)
Recommenda-
tions.
Audit.—
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall initiate an audit of the airport financial reporting program of the FAA and provide recommendations to the Administrator on improvements to such program.
(b)
Requirements.—
In conducting the audit required under subsection (a), the Comptroller General shall, at a minimum—
(1)
Review.
review relevant FAA guidance to airports, including the version of Advisory Circular 150/5100–19, titled “Operating and Financial Summary”, that is in effect on the date of enactment of this Act;
(2)
Evaluation.
evaluate the information requested or required by the Administrator from airports for completeness and usefulness by the FAA and the public;
(3)
Assessment.
assess the costs associated with collecting, reporting, and maintaining such information for airports and the FAA;
(4)
Determination.
determine if such information provided is—
(A)
updated on a regular basis to make such information useful; and138 STAT. 1275
(B)
audited and verified in an appropriate manner;
(5)
Assessment.
assess if the Administrator has addressed the issues the Administrator discovered during the apportionment and disbursement of relief funds to airports under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) using inaccurate and aged airport financial data; and
(6)
Determination.
determine whether the airport financial reporting program as structured as of the date of enactment of this Act provides value to the FAA, the aviation industry, or the public.
(c)
Recommenda-
tions.
Report to Congress.—
Not later than 3 months after the completion of the audit required under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report containing the findings of such audit and any recommendations provided to the Administrator to improve or alter the airport financial reporting program.
SEC. 735.
GAO STUDY OF ONSITE AIRPORT GENERATION.
(a)
Deadline.
Study.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study on the feasibility of installation and adoption of certain power generation property at airports which receive funding from the Federal Government.
(b)
Examination.
Content.—
In carrying out the study required under subsection (a), the Comptroller General shall examine—
(1)
any safety impacts of the installation and operation of such power generation property, either in aggregate or around certain locations or structures at the airport;
(2)
regulatory barriers to adoption;
(3)
benefits to adoption;
(4)
previous examples of adoptions;
(5)
impacts on other entities; and
(6)
previous examples of adoption and factors pertaining to previous examples of adoption, including—
(A)
novel uses beyond supplemental power generation, such as expanding nonresidential property around airports to minimize noise, power generation resilience, and market forces;
(B)
challenges identified in the installation process;
(C)
upfront and long-term costs, both foreseen and unforeseen;
(D)
funding sources used to pay for upfront costs; and
(E)
long-term savings.
(c)
Recommenda-
tions.
Report.—
Not later than 2 years after the initiation of the study under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study and any recommendations based on such results.
(d)
Power Generation Property Defined.—
In this section, the term “
power generation property
” means equipment defined in section 48(a)(3)(A) of the Internal Revenue Code of 1986.SEC. 736.
Examinations.
TRANSPORTATION DEMAND MANAGEMENT AT AIRPORTS.
(a)
Deadline.
Study.
In General.—
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall conduct a study to examine the efficacy of transportation demand management strategies at United States airports.
(b)
Considerations.—
In conducting the study under subsection (a), the Comptroller General shall examine, at a minimum—138 STAT. 1276
(1)
whether transportation demand management strategies should be considered by airports when making infrastructure planning and construction decisions;
(2)
the impact of transportation demand management strategies on existing multimodal options to and from airports in the United States; and
(3)
best practices for developing transportation demand management strategies that can be used to improve access to airports for passengers and airport and airline personnel.
(c)
Report.—
Upon completion of the study conducted under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report on such study.
(d)
Transportation Demand Management Strategy Defined.—
In this section, the term “
transportation demand management strategy
” means the use of planning, programs, policy, marketing, communications, incentives, pricing, data, and technology to optimize travel modes, routes used, departure times, and number of trips.SEC. 737.
COASTAL AIRPORTS ASSESSMENT.
(a)
Deadline.
In General.—
Not later than 2 years after the date of enactment of this Act, the Administrator, in coordination with the Chief of Engineers and Commanding General of the United States Army Corps of Engineers, and the Administrator of the National Oceanic and Atmospheric Administration, shall initiate an assessment on the resiliency of airports in coastal or flood-prone areas of the United States.
(b)
Contents.—
The assessment required under subsection (a) shall—
(1)
Examination.
examine the impact of hazardous weather and other environmental factors that pose risks to airports in coastal or flood-prone areas; and
(2)
Evaluation.
identify and evaluate initiatives and best practices to prevent and mitigate the impacts of factors described in paragraph (1) on airports in coastal or flood-prone areas.
(c)
Report.—
Upon completion of the assessment, the Administrator shall submit to the appropriate committees of Congress and the Committee on Science, Space, and Technology of the House of Representatives a report on—
(1)
the results of the assessment required under subsection (a); and
(2)
Recommenda-
tions.
recommendations for legislative or administrative action to improve the resiliency of airports in coastal or flood-prone areas in the United States.
SEC. 738.
AIRPORT INVESTMENT PARTNERSHIP PROGRAM.
Section 47134(b) of title 49, United States Code, .
is amended
by adding
at the end the following:“(4)
Benefit-cost analysis.—
“(A)
Requirement.
In general.—
Prior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis.
“(B)
Finding.—
If a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall—
“(i)
Deadline.
be issued not later than 60 days after the date on which the sponsor submits all information required by the Secretary;138 STAT. 1277
“(ii)
be based upon a collaborative review process that includes the sponsor or a representative of the sponsor;
“(iii)
not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other provision of law; and
“(iv)
not constitute any other obligation on the part of the Federal Government until the conditions specified in the final benefit-cost analysis are met.”
SEC. 739.
Deadlines.
SPECIAL RULE FOR RECLASSIFICATION OF CERTAIN UNCLASSIFIED AIRPORTS.
(a)
Request for Reclassification.—
(1)
In general.—
Not later than September 30, 2024, a privately owned reliever airport (as such term is defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems of the FAA titled “National Plan of Integrated Airport Systems (NPIAS) 2023–2027”, published on September 30, 2022 may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a publicly owned airport.
(2)
Required information.—
In submitting a request under paragraph (1), a privately owned reliever airport shall include the following information:
(A)
Statement.
A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of FAA Order 5090.5, titled “Formulation of the NPIAS and ACIP” (or any successor guidance), to be classified as “Local” or “Basic” if the airport was publicly owned.
(B)
Reports.
A report that—
(i)
identifies the role of the airport to the aviation system; and
(ii)
describes the long-term fiscal viability of the airport based on demonstrated aeronautical activity and associated revenues relative to ongoing operating and maintenance costs.
(b)
Eligibility Review.—
(1)
Assessment.
In general.—
Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a), the Secretary shall perform an eligibility review with respect to the airport, including an assessment of the safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources of the airport and the quality of the environment, as prescribed by the Secretary.
(2)
Public sponsor.—
In performing the eligibility review under paragraph (1), the Secretary—
(A)
Requirement.
may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for obtaining a public sponsor; and
(B)
may not require the airport to obtain a public sponsor.
(c)
Reclassification by Secretary.—
138 STAT. 1278(1)
Criteria.
In general.—
Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met:
(A)
The request includes the required information under subsection (a)(2).
(B)
The privately owned reliever airport, to the satisfaction of the Secretary—
(i)
passes the eligibility review performed under subsection (b); or
(ii)
submits a corrective action plan in accordance with paragraph (2).
(2)
Notice.
Corrective action plan.—
With respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), the Secretary shall provide notice of disapproval to such airport not later than 60 days after receiving the request under subsection (a)(1), and such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that—
(A)
resolves any shortcomings identified in such eligibility review; and
(B)
proves that any necessary corrective action has been completed by the airport.
(d)
Effective Date.—
The reclassification of any privately owned reliever airport under this section shall take effect not later than—
(1)
October 1, 2025, for any request granted under subsection (c)(1); and
(2)
October 1, 2026, for any request granted after the submission of a corrective action plan under subsection (c)(2).
SEC. 740.
Deadline.
PERMANENT SOLAR POWERED TAXIWAY EDGE LIGHTING SYSTEMS.
Not later than 2 years after the date of enactment of this Act, the Administrator shall produce an engineering brief that describes the acceptable use of permanent solar powered taxiway edge lighting systems at regional, local, and basic general aviation airports (as categorized in the most recent National Plan of Integrated Airport Systems of the FAA titled “National Plan of Integrated Airport Systems (NPIAS) 2023–2027”, published on September 30, 2022).
SEC. 741.
SECONDARY RUNWAYS.
In approving grants for projects with funds made available pursuant to title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) under the heading “Federal Aviation Administration—Airport Infrastructure Grants”, the Administrator shall consider permitting a nonhub or small hub airport to use such funds to extend secondary runways, notwithstanding the level of operational activity at such airport.
SEC. 742.
INCREASING ENERGY EFFICIENCY OF AIRPORTS AND MEETING CURRENT AND FUTURE ENERGY POWER DEMANDS.
(a)
In General.—
Section 47140 of title 49, United States Code, .
is amended
to read as follows:138 STAT. 1279
Ҥ 47140.
Meeting current and future energy power demand
“(a)
In General.—
The Secretary of Transportation shall establish a program under which the Secretary shall—
“(1)
encourage the sponsor of each public-use airport to—
“(A)
Assessments.
conduct airport planning that assesses the airport’s—
“(i)
current and future energy power requirements, including—
“(I)
heating and cooling;
“(II)
on-road airport vehicles and ground support equipment;
“(III)
gate electrification;
“(IV)
electric aircraft charging; and
“(V)
vehicles and equipment used to transport passengers and employees between the airport and—
“(aa)
nearby facilities owned or controlled by the airport or which otherwise directly support the functions or services provided by the airport; or
“(bb)
an intermodal surface transportation facility adjacent to the airport; and
“(ii)
existing energy infrastructure condition, location, and capacity, including base load and backup power, to meet the current and future electrical power demand as identified in this subparagraph; and
“(B)
conduct airport development to improve energy efficiency, increase peak load savings at the airport, and meet future electrical power demands as identified in subparagraph (A); and
“(2)
Reimbursement.
reimburse the airport sponsor for the costs incurred in conducting the assessment under paragraph (1)(A).
“(b)
Grants.—
The Secretary shall make grants to airport sponsors from amounts made available under section 48103 to assist such sponsors that have completed the assessment described in subsection (a)(1)—
“(1)
to acquire or construct equipment that will improve energy efficiency at the airport; and
“(2)
to pursue an airport development project described in subsection (a)(1)(B).
“(c)
Certification.
Requirement.
Application.—
To be eligible for a grant under paragraph (1), the sponsor of a public-use airport shall submit an application, including a certification that no safety projects are being deferred by requesting a grant under this section, to the Secretary at such time, in such manner, and containing such information as the Secretary may require.”
(b)
Clerical Amendment.—
The analysis for chapter 471 of title 49, United States Code,
49 USC
prec. 47101.
is amended
by striking
the item relating to section 47140 and inserting
the following:“47140.
Meeting current and future energy power demand.”.
SEC. 743.
REVIEW OF AIRPORT LAYOUT PLANS.
(a)
49 USC 47101 note.
In General.—
Section 163 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47107 note)
is amended
—(1)
by ; and
striking
subsection (a) and inserting
the following:“(a)
[Reserved].”
(2)
by .
striking
subsection (b) and inserting
the following:138 STAT. 1280
“(b)
[Reserved].”
(b)
Airport Layout Plan Approval Authority.—
Section 47107 of title 49, United States Code,
is amended
—(1)
in subsection (a)(16)—
(A)
by ; and
striking
subparagraph (B) and inserting
the following:“(B)
Review.
Approval.
subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect;”
(B)
in subparagraph (C)(i) by
striking
“subparagraph (B)” and inserting
“subsection (x)”; and(2)
by .138 STAT. 1281
adding
at the end the following:“(x)
Scope of Airport Layout Plan Review and Approval Authority of Secretary.—
“(1)
Authority over projects on land acquired without federal assistance.—
For purposes of subsection (a)(16)(B), with respect to any project proposed on land acquired by an airport owner or operator without Federal assistance, the Secretary may review and approve or disapprove only the portions of the plan (or any subsequent revision to the plan) that—
“(A)
materially impact the safe and efficient operation of aircraft at, to, or from the airport;
“(B)
adversely affect the safety of people or property on the ground as a result of aircraft operations; or
“(C)
adversely affect the value of prior Federal investments to a significant extent.
“(2)
Limitation on non-aeronautical review.—
“(A)
In general.—
The Secretary may not require an airport to seek approval for (including in the submission of an airport layout plan), or directly or indirectly regulate or place conditions on (including through any grant assurance), any project that is not subject to paragraph (1).
“(B)
Review and approval authority.—
If only a portion of a project proposed by an airport owner or operator is subject to the review and approval of the Secretary under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project.
“(3)
Notice.—
“(A)
In general.—
An airport owner or operator shall submit to the Secretary a notice of intent to proceed with a proposed project (or a portion thereof) that is outside of the review and approval authority of the Secretary, as described in this subsection, if the project was not on the most recently submitted airport layout plan of the airport.
“(B)
Deadline.
Failure to object.—
If not later than 45 days after receiving the notice of intent described in subparagraph (A), the Secretary fails to object to such notice, the proposed project (or portion thereof) shall be deemed as being outside the scope of the review and approval authority of the Secretary under subsection (a)(16)(B).”
SEC. 744.
49 USC 44718 note.
PROTECTION OF SAFE AND EFFICIENT USE OF AIRSPACE AT AIRPORTS.
(a)
Evaluation.
Determination.
Airspace Review Process Requirements.—
The Administrator shall consider the following additional factors in the evaluation of cumulative impacts when making a determination of hazard or no hazard, or objection or no objection, as applicable, under part 77 of title 14, Code of Federal Regulations, regarding proposed construction or alteration within 3 miles of the runway ends and runway centerlines (as depicted in the FAA-approved Airport Layout Plan of the airport) on any land not owned by any such airport:
(1)
The accumulation and spacing of structures or other obstructions that might constrain radar or communication capabilities, thereby reducing the capacity of an airport, flight procedure minimums or availability, or aircraft takeoff or landing capabilities.
(2)
Safety risks of lasers, lights, or light sources, inclusive of lighted billboards and screens, affixed to structures, that may pose hazards to air navigation.
(3)
Water features or hazardous wildlife attractants, as defined by the Administrator.
(4)
Impacts to visual flight rule traffic patterns for both fixed and rotary wing aircraft, inclusive of special visual flight rule procedures established by Letters of Agreement between air traffic facilities, the airport, and flight operators.
(5)
Impacts to FAA-funded airport improvement projects, improvements depicted on or described in FAA-approved Airport Layout Plans and master plans, and preservation of the navigable airspace necessary for achieving the objectives and utilization of the projects and plans.
(b)
Notice.
Required Information.—
A notice submitted under part 77 of title 14, Code of Federal Regulations, shall include the following:
(1)
Actual designs of an entire project and property, without regard to whether a proposed construction or alteration within 3 miles of the end of a runway of an airport and runway centerlines as depicted in the FAA-approved Airport Layout Plan of the airport is limited to a singular location on a property.
(2)
If there are any changes to such designs or addition of equipment, such as cranes used to construct a building, after submission of such a notice, all information included with the notice submitted before such change or addition shall be resubmitted, along with information regarding the change or addition.
(c)
Determinations.
Expiration.—
(1)
In general.—
Unless extended, revised, or terminated, each determination of no hazard issued by the Administrator under part 77 of title 14, Code of Federal Regulations, shall expire 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier.
(2)
After expiration.—
Determinations under paragraph (1) are no longer valid with regard to whether a proposed construction or alteration would be a hazard to air navigation after such determination has expired.
(d)
Authority to Consolidate OEI Surface Criteria.—
The Administrator may develop a single set of One Engine Inoperative 138 STAT. 1282
surface criteria that is specific to an airport.
Consultation.
The Administrator shall consult with the airport operator and flight operators that use such airport, on the development of such surface criteria.(e)
Development of Policies to Protect OEI Surfaces.—
Not
Deadline.
Briefing.
later than 6 months after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress regarding the status of the efforts of the FAA to protect One Engine Inoperative surfaces from encroachment at United States certificated and federally obligated airports, including the current status of efforts to incorporate such protections into FAA Obstruction Evaluation/Airport Airspace Analysis processes.(f)
Authority to Consult With Other Agencies.—
The Administrator may consult with other Federal, State, or local agencies as necessary to carry out the requirements of this section.
(g)
Applicability.—
This section shall only apply to an airport in a county adjacent to 2 States with converging intersecting cross runway operations within 12 nautical miles of an Air Force base.
SEC. 745.
49 USC 44504 note.
ELECTRIC AIRCRAFT INFRASTRUCTURE PILOT PROGRAM.
(a)
In General.—
The Secretary may establish a pilot program under which airport sponsors may use funds made available under chapter 471 or section 48103 of title 49, United States Code, for use at up to 10 airports to carry out—
(1)
activities associated with the acquisition, by purchase or lease, operation, and installation of equipment to support the operations of electric aircraft, including interoperable electric vehicle charging equipment; and
(2)
the construction or modification of infrastructure to facilitate the delivery of power or services necessary for the use of electric aircraft, including—
(A)
on airport utility upgrades; and
(B)
associated design costs.
(b)
Eligibility.—
A public-use airport is eligible for participation in the pilot program under this section if the Secretary finds that funds made available under subsection (a) would support—
(1)
electric aircraft operators at such airport, or using such airport; or
(2)
electric aircraft operators planning to operate at such airport with an associated agreement in place.
(c)
Sunset.—
The pilot program established under subsection (a) shall terminate on October 1, 2028.
SEC. 746.
49 USC 47101 note.
CURB MANAGEMENT PRACTICES.
Nothing in this Act shall be construed to prevent airports from—
(1)
engaging in curb management practices, including determining and assigning curb designations and regulations;
(2)
installing and maintaining upon any of the roadways or parts of roadways as many curb zones as necessary to aid in the regulation, control, and inspection of passenger loading and unloading; or
(3)
enforcing curb zones using sensor, camera, automated license plate recognition, and software technologies and issuing citations by mail to the registered owner of the vehicle.
SEC. 747.
49 USC 47101 note.
NOTICE OF FUNDING OPPORTUNITY.
Notwithstanding part 200 of title 2, Code of Federal Regulations, or any other provision of law, funds made available as part 138 STAT. 1283
of the Airport Improvement Program under subchapter I of chapter 471 or chapter 475 of title 49, United States Code, shall not be subject to any public notice of funding opportunity requirement.
SEC. 748.
49 USC 47115 note.
RUNWAY SAFETY PROJECTS.
In awarding grants under section 47115 of title 49, United States Code, for runway safety projects, the Administrator shall, to the maximum extent practicable—
(1)
reduce unnecessary or undesirable project segmentation; and
(2)
complete the entire project in an expeditious manner.
SEC. 749.
49 USC 44502 note.
AIRPORT DIAGRAM TERMINOLOGY.
(a)
Updates.
In General.—
The Administrator shall update Airport Diagram Order JO 7910.4 and any related advisory circulars, policy, and guidance to ensure the clear and consistent use of terms to delineate the types of parking available to general aviation pilots.
(b)
Collaboration.—
In carrying out subsection (a), the Administrator shall collaborate with industry stakeholders, commercial service airports, and general aviation airports in—
(1)
facilitating basic standardization of general aviation parking terms;
(2)
accounting for the majority of uses of general aviation parking terms; and
(3)
providing clarity for chart users.
(c)
IAC Specifications.—
The Administrator shall encourage the Interagency Air Committee to incorporate the terms developed pursuant to subsection (a) in publications produced by the Committee.
SEC. 750.
GAO STUDY ON FEE TRANSPARENCY BY FIXED BASED OPERATORS.
(a)
In General.—
The Comptroller General shall conduct a study reviewing the efforts of fixed based operators to meet their commitments to improve the online transparency of prices and fees for all aircraft and enhancing the customer experience for general and business aviation users.
(b)
Evaluation.
Contents.—
In conducting the study described in subsection (a), the Comptroller General, at a minimum, should evaluate the fixed based operator industry commitment to “Know Before You Go” best business practices including—
(1)
fixed based operators provisions for all general aviation and business aircraft types regarding a description of available services and a listing of applicable retail fuel prices, fees, and charges;
(2)
the accessibility of fees and charges described in paragraph (1) to aircraft operators on-line and in a user-friendly manner and with sufficient clarity that a pilot operating a particular aircraft type can determine what will be charged;
(3)
efforts by fixed based operators to invite and encourage customers to contact them so that operators can ask questions, know any options, and make informed decisions; and
(4)
any practices imposed by an airport operator that prevent fixed based operators from fully disclosing fees and charges.
(c)
Report Required.—
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit 138 STAT. 1284
to the appropriate committees of Congress a report containing the results of the review required under this section.
SEC. 751.
MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
Section 157(b)(2) of the FAA Reauthorization Act of 2018 (49 U.S.C. 47113 note) .
is amended
by adding
at the end the following:“(D)
Reports.
Public information.
Web posting.
Effective date.
Publishing data.—
The Secretary of Transportation shall report on a publicly accessible website the uniform report of DBE awards/commitments and payments specified in part 26 of title 49, Code of Federal Regulations, and the uniform report of ACDBE Participation for non-car rental and car rental concessions, for each airport sponsor beginning with fiscal year 2025.”
SEC. 752.
49 USC 47106 note.
PROHIBITION ON CERTAIN RUNWAY LENGTH REQUIREMENTS.
Notwithstanding any other provision of law, the Secretary may not require an airport to shorten the length or width of the runway, apron, or taxiway of the airport as a condition for the receipt of federal financial assistance if the airport directly supports a base of the United States Air Force or the Air National Guard at the airport, regardless of the stationing of military aircraft.
SEC. 753.
REPORT ON INDO-PACIFIC AIRPORTS.
The Administrator, in consultation with the Secretary of State, shall submit to Congress a report on airports of strategic importance in the Indo-Pacific region that includes each of the following:
(1)
An identification of airports and air routes critical to national security, defense operations, emergency response, and continuity of government activities.
(2)
Assessment.
An assessment of the economic impact and contribution of airports and air routes to national and regional economies.
(3)
Evaluation.
An evaluation of the connectivity and accessibility of airports and air routes, including their importance in supporting domestic and international travel, trade, and tourism.
(4)
Analysis.
An analysis of infrastructure and technological requirements necessary to maintain and enhance the strategic importance of identified airports and air routes.
(5)
An identification of potential vulnerabilities, risks, and challenges faced by airports and air routes of strategic importance, including cybersecurity threats and physical infrastructure vulnerabilities.
(6)
Recommenda-
tions.
Any recommendations for improving the security, resilience, and efficiency of the identified airports and air routes, including potential infrastructure investments and policy changes.
SEC. 754.
Foreign countries.
Reports.
GAO STUDY ON IMPLEMENTATION OF GRANTS AT CERTAIN AIRPORTS.
The Comptroller General shall conduct a study on the implementation of grants provided to airports located in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau under section 47115(i) of title 49, United States Code and submit to the appropriate committees of Congress a report on the results of such study.138 STAT. 1285
SEC. 755.
GAO STUDY ON TRANSIT ACCESS.
(a)
Reports.
In General.—
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall conduct a study on transit access to airports and submit to the appropriate committees of Congress a report on the results of such study.
(b)
Review.
Contents.—
In carrying out the study under subsection (a), the Comptroller General shall review public transportation access to commercial service airports throughout the United States, including accessibility and other potential barriers for individuals.
SEC. 756.
California.
BANNING MUNICIPAL AIRPORT.
(a)
In General.—
The United States, acting through the Administrator, shall release the City of Banning, California, from all restrictions, conditions, and limitations on the use, encumbrance, conveyance, and closure of the Banning Municipal Airport, as described in the most recent airport layout plan approved by the FAA, to the extent such restrictions, conditions, and limitations are enforceable by the Administrator.
(b)
Determinations.
Conditions.—
The release under subsection (a) shall not be executed before the City of Banning, California, or its designee, transfers to the United States Government the following:
(1)
Reimbursement.
Review.
A reimbursement for 1983 grant the City of Banning, California received from the FAA for the purchase of 20 acres of land, at an amount equal to the fair market value for the highest and best use of the Banning Municipal Airport property determined in good faith by 2 independent and qualified real estate appraisers and an independent review appraiser on or after the date of the enactment of this Act.
(2)
An amount equal to the unamortized portion of any Federal development grants other than land paid to the City of Banning for use at the Banning Municipal Airport, which may be paid with, and shall be an allowable use of, airport revenue notwithstanding section 47107 or 47133 of title 49, United States Code.
(3)
For no consideration, all airport and aviation-related equipment of the Banning Municipal Airport owned by the City of Banning and determined by the FAA or the Department of Transportation of the State of California to be salvageable for use at other airports.
(c)
Rule of Construction.—
Nothing in this section shall be construed to limit the applicability of—
(1)
the requirements and processes under section 46319 of title 49, United States Code;
(2)
the requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(3)
the requirements and processes under part 157 of title 14, Code of Federal Regulations; or
(4)
the public notice requirements under section 47107(h)(2) of title 49, United States Code.
SEC. 757.
49 USC 47101 note.
DISPUTED CHANGES OF SPONSORSHIP AT FEDERALLY OBLIGATED, PUBLICLY OWNED AIRPORT.
(a)
Approval Authority.—
(1)
In general.—
Subject to paragraph (2), in the case of a disputed change of airport sponsorship, the Administrator shall have the sole legal authority to approve any change in the sponsorship of, or operational responsibility for, the airport 138 STAT. 1286
from the airport sponsor of record to another public or private entity.
(2)
Exclusion.—
This section shall not apply to a change of sponsorship or ownership of a privately-owned airport, a transfer under the Airport Investment Partnership Program, a change when the Federal Government exercises a right of reverter, or a change that is not disputed.
(b)
Conditions for Approval.—
(1)
Notices.
In general.—
Subject to paragraphs (2) and (3), the Administrator shall not approve any disputed change of airport sponsorship unless the Administrator receives—
(A)
written documentation from the airport sponsor of record consenting to the change in sponsorship or operation;
(B)
notice of a final, non-reviewable judicial decision requiring such change; or
(C)
Contracts.
notice of a legally-binding agreement between the parties involved.
(2)
Pending judicial review.—
The Administrator may not evaluate or approve a disputed change of airport sponsorship where a legal dispute is pending before a court of competent jurisdiction.
(3)
Technical assistance.—
(A)
In general.—
Any State or local legislative body or public agency considering whether to take an action (including by drafting legislation) that would impact the ownership, sponsorship, governance, or operations of a federally obligated, publicly owned airport may request from the Administrator, at any point in the deliberative process—
(i)
technical assistance regarding the interrelationship between Federal and State or local requirements applicable to any such action; and
(ii)
review and comment on such action.
(B)
Failure to seek technical assistance.—
The Administrator may deny a change in the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport if a State or local legislative body or public agency does not seek technical assistance under subparagraph (A) with respect to such change.
(c)
Determinations.
Requirements.
Final Decision Authority.—
In addition to the conditions outlined in subsection (b), the Administrator shall independently determine whether the proposed sponsor or operator is able to satisfy Federal requirements for airport sponsorship or operation and shall ensure, by requiring whatever terms and conditions the Administrator determines necessary, that any change in the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport is consistent with existing Federal law, regulations, existing grant assurances, and Federal land conveyance obligations.
(d)
Definition of Disputed Change of Airport Sponsorship.—
In this section, the term “
disputed change of airport sponsorship
” means any action that seeks to change the ownership, sponsorship, or governance of, or operational responsibility for, a federally obligated, publicly owned airport, including any such change directed by judicial action or State or local legislative action, where 138 STAT. 1287
the airport sponsor of record initially does not consent to such change.SEC. 758.
49 USC 47101 note.
PROCUREMENT REGULATIONS APPLICABLE TO FAA MULTIMODAL PROJECTS.
(a)
In General.—
Any multimodal airport development project that uses grant funding from funds made available to the Administrator to carry out subchapter I of chapter 471 of title 49, United States Code, or airport infrastructure projects under the Infrastructure Investment and Jobs Act (Public Law 117–58) shall abide by the procurement regulations applicable to—
(1)
the FAA; and
(2)
subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively.
(b)
Requirement.
Multiple Component Projects.—
In the case of a multimodal airport development project described in subsection (a) that involves more than 1 component described in paragraph (2) of such subsection, such project shall only be required to apply the procurement regulations applicable to the component where the greatest amount of Federal financial assistance will be expended.
SEC. 759.
Arizona.
BUCKEYE 940 RELEASE OF DEED RESTRICTIONS.
(a)
Purpose.—
The purpose of this section is to authorize the Secretary to issue a Deed of Release from all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed and to permit the State of Arizona to deposit all proceeds of the disposition of Buckeye 940 in the appropriate fund for the benefit of the beneficiaries of the Arizona State Land Trust.
(b)
Release of Any and All Interest in Buckeye 940.—
(1)
In general.—
Notwithstanding any other provision of law, the United States, acting through the Secretary, shall issue to the State of Arizona a Deed of Release to release all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed, including any and all reversionary interest of the United States in Buckeye 940.
(2)
Terms and conditions.—
The Deed of Release described in paragraph (1) shall be subject to such additional terms and conditions, consistent with such paragraph, as the Secretary considers appropriate to protect the interests of the United States.
(3)
No restriction on use of proceeds.—
Notwithstanding any other provision of law, the State of Arizona may dispose of Buckeye 940 and any proceeds thereof, including proceeds already collected by the State and held in a suspense account, without regard to any restriction imposed by the Quitclaim Deed or by section 155.7 of title 14, Code of Federal Regulations.
(4)
Mineral reservation.—
The Deed of Release described in paragraph (1) shall include the release of all interests of the United States to the mineral rights on Buckeye 940 included in the Quitclaim Deed.
(c)
Definitions.—
In this section:
(1)
Buckeye 940.—
The term “
Buckeye 940
” means all of section 12, T.1 N., R.3 W. and all of adjoining fractional section 7, T.1 N., R.2 W., Gila and Salt River Meridian, Arizona, which property was the subject of the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 138 STAT. 1288
1949, and which is currently owned by the State of Arizona and held in trust for the beneficiaries of the Arizona State Land Trust.(2)
Quitclaim deed.—
The term “
Quitclaim Deed
” means the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949.SEC. 760.
Deadlines.
WASHINGTON, DC METROPOLITAN AREA SPECIAL FLIGHT RULES AREA.
(a)
Submission of Study to Congress.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Homeland Security and the Secretary of Defense, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a study on the Special Flight Rules Area and the Flight Restricted Zone under subpart V of part 93 of title 14, Code of Federal Regulations.
(b)
Assessment.
Contents of Study.—
In carrying out the study under subsection (a), the Administrator shall assess specific proposed changes to the Special Flight Rules Area and the Flight Restricted Zone that will decrease operational impacts and improve general aviation access to airports in the National Capital Region that are currently impacted by the Special Flight Rules Area and the Flight Restricted Zone.
(c)
Briefing.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall provide to the committees of Congress described in subsection (a) a briefing on the feasibility (including any associated costs) of—
(1)
installing equipment that allows a pilot to communicate with air traffic control using a very high frequency radio for the purposes of receiving an instrument flight rules clearance, activating a DC FRZ flight plan, or activating a DC SFRA flight plan (as applicable) at—
(A)
non-towered airports in the Flight Restricted Zone; and
(B)
airports in the Special Flight Rules Area that do not have the communications equipment described in this paragraph;
(2)
allowing a pilot approved by the Transportation Security Administration in accordance with section 1562.3 of title 49, Code of Federal Regulations, to electronically file a DC FRZ flight plan or instrument flight rules flight plan that departs from, or arrives at, an airport in the Flight Restricted Zone; and
(3)
allowing a pilot to electronically file a standard very high frequency radio flight plan that departs from, or arrives at, an airport in the Special Flight Rules Area or Flight Restricted Zone.
(d)
Definitions.—
In this section:
(1)
DC frz flight plan; dc sfra flight plan.—
The terms “DC FRZ flight plan” and “DC SFRA flight plan” have the meanings given such terms in section 93.335 of title 14, Code of Federal Regulations.
(2)
Standard vfr flight plan.—
The term “
standard VFR flight plan
” means a VFR flight plan (as such term is described 138 STAT. 1289
in section 91.153 of title 14, Code of Federal Regulations) that includes search and rescue services.SEC. 761.
STUDY ON AIR CARGO OPERATIONS IN PUERTO RICO.
(a)
Deadline.
In General.—
No later than 1 year after the date of enactment of this Act, the Comptroller General shall conduct a study on air cargo operations in Puerto Rico.
(b)
Contents.—
In conducting the study required under subsection (a), the Comptroller General shall address the following:
(1)
The economic impact of waivers authorized by the Secretary related to air cargo operations in Puerto Rico.
(2)
Recommendations for security measures that may be necessary to support increased air cargo operations in Puerto Rico.
(3)
Potential need for additional staff to safely accommodate additional air cargo operations.
(4)
Airport infrastructure improvements that may be needed in the 3 international airports located in Puerto Rico to support increased air cargo operations.
(5)
Alternatives to increase private stakeholder engagement and use of the 3 international airports in Puerto Rico to attract increased air cargo operations.
(6)
Possible national benefits of increasing air cargo operations in Puerto Rico.
(c)
Report.—
Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study described in subsection (a).
SEC. 762.
PROGRESS REPORTS ON THE NATIONAL TRANSITION PLAN RELATED TO A FLUORINE-FREE FIREFIGHTING FOAM.
(a)
Time period.
In General.—
Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter until the progress report termination date described in subsection (c), the Administrator, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Defense, shall submit to the appropriate committees of Congress a progress report on the development and implementation of a national transition plan related to a fluorine-free firefighting foam that meets the performance standards referenced in chapter 6 of the advisory circular of the FAA titled “Aircraft Fire Extinguishing Agents”, issued on July 8, 2004 (Advisory Circular 150/5210–6D) and is acceptable under section 139.319(l) of title 14, Code of Federal Regulations, for use at part 139 airports.
(b)
Assessments.
Required Information.—
Each progress report under subsection (a) shall include the following:
(1)
Guidance.
An assessment of the progress made by the FAA with respect to providing part 139 airports with—
(A)
guidance from the Environmental Protection Agency on acceptable environmental limits relating to fluorine-free firefighting foam;
(B)
guidance from the Department of Defense on the transition of the Department of Defense to a fluorine-free firefighting foam;
(C)
best practices for the decontamination of existing aircraft rescue and firefighting vehicles, systems, and other equipment used to deploy firefighting foam at part 139 airports; and138 STAT. 1290
(D)
Timelines.
timelines for the release of policy and guidance relating to the development of implementation plans for part 139 airports to obtain approved military specification products and firefighting personnel training.
(2)
List.
A comprehensive list of the amount of aqueous film-forming firefighting foam at each part 139 airport as of the date of the submission of the progress report, including the amount of such firefighting foam held in firefighting equipment and the number of gallons regularly kept in reserve at each such airport.
(3)
An assessment of the progress made by the FAA with respect to providing airports that are not part 139 airports and local authorities with responsibility for inspection and oversight with guidance described in subparagraphs (A) and (B) of paragraph (1) as such guidance relates to the use of fluorine-free firefighting foam at such airports.
(4)
Any other information that the Administrator determines is appropriate.
(c)
Notification.
Progress Report Termination Date.—
The progress report termination date described in this subsection is the date on which the Administrator notifies the appropriate committees of Congress that development and implementation of the national transition plan described in subsection (a) is complete.
(d)
Part 139 Airport Defined.—
In this section, the term “
part 139 airport
” means an airport certified under part 139 of title 14, Code of Federal Regulations.SEC. 763.
REPORT ON AIRPORT NOTIFICATIONS.
Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the activities of the FAA with respect to—
(1)
collecting more accurate data in notices of construction, alteration, activation, and deactivation of airports as required under part 157 of title 14, Code of Federal Regulations; and
(2)
making the database under part 157 of title 14, Code of Federal Regulations, more accurate and useful for aircraft operators, particularly for helicopter and rotary wing type aircraft operators.
SEC. 764.
New York.
New Jersey.
STUDY ON COMPETITION AND AIRPORT ACCESS.
Not
Deadline.
Briefing.
later than 180 days after the date of enactment of this Act, the Secretary shall brief the appropriate committees of Congress on—(1)
specific actions the Secretary and the Administrator, using existing legal authority, can take to expand access for lower cost passenger air carriers to capacity constrained airports in the United States, including New York John F. Kennedy International Airport, LaGuardia Airport, and Newark Liberty International Airport; and
(2)
any additional legal authority the Secretary and the Administrator require in order to make additional slots at New York John F. Kennedy International Airport and LaGuardia Airport and runway timings at Newark Liberty International Airport available to lower cost passenger air carriers.138 STAT. 1291
SEC. 765.
Deadlines.
49 USC 47101 note.
REGIONAL AIRPORT CAPACITY STUDY.
(a)
In General.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall initiate a study on the following:
(1)
Existing FAA policy and guidance that govern the siting of new airports or the transition of general aviation airports to commercial service.
(2)
Ways that existing regulations and policies could be streamlined to facilitate the development of new airport capacity, particularly in high-demand air travel regions looking to invest in new airport capacity.
(3)
Whether Federal funding sources (existing as of the date of enactment of this Act) that are authorized by the Secretary could be used for such purposes.
(4)
Whether such Federal funding sources meet the needs of the national airspace system for
adding
new airport capacity outside of the commercial service airports in operation as of the date of enactment of this Act.(5)
Determination.
Estimate.
If such Federal funding sources are determined by the Administrator to be insufficient for the purposes described in this subsection, an estimate of the funding gap.
(b)
Recommenda-
tions.
Report.—
Not later than 30 months after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislative or administrative action as the Administrator determines appropriate.
(c)
Guidance.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall, if appropriate, revise FAA guidance to incorporate the findings of the study conducted under subsection (a) to assist airports and State and local departments of transportation in increasing airport capacity to meet regional air travel demand.
SEC. 766.
STUDY ON AUTONOMOUS AND ELECTRIC-POWERED TRACK SYSTEMS.
(a)
Determination.
Study.—
The Administrator may conduct a study to determine the feasibility and economic viability of autonomous or electric-powered track systems that—
(1)
are located underneath the pavement at an airport; and
(2)
allow a transport category aircraft to taxi without the use of the main engines of the aircraft.
(b)
Briefing.—
If the Administrator conducts a study under subsection (a), the Administrator shall provide a briefing to the appropriate committees of Congress on the results of such study.
SEC. 767.
49 USC 44706 note.
PFAS-RELATED RESOURCES FOR AIRPORTS.
(a)
Deadline.
Reimbursement.
Costs.
Effective date.
PFAS Replacement Program for Airports.—
Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish a program to reimburse sponsors of eligible airports for the reasonable and appropriate costs incurred after September 12, 2023, and associated with any of the following:
(1)
The one-time initial acquisition by the sponsor of an eligible airport of an approved fluorine-free firefighting agent 138 STAT. 1292
under Military Specification MIL–PRE–32725, dated January 12, 2023, in a quantity of—
(A)
the capacity of all required aircraft rescue and firefighting equipment listed in the most recent FAA-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and
(B)
twice the quantity carried onboard each required truck available in the fire station for the eligible airport.
(2)
The disposal of perfluoroalkyl or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent, including aqueous film-forming agents currently in firefighting equipment and vehicles and any wastewater generated during the cleaning of firefighting equipment and vehicles.
(3)
The cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to such approved fluorine-free firefighting agent.
(4)
The acquisition of any equipment, or components thereof, necessary to facilitate the transition to such approved fluorine-free firefighting agent.
(5)
The replacement of any aircraft rescue and firefighting equipment determined necessary to be replaced by the Secretary.
(b)
Distribution of Funds.—
(1)
Grants to replace aircraft rescue and firefighting vehicles.—
(A)
In general.—
Of the amounts made available to carry out the PFAS replacement program, the Secretary shall reserve up to $30,000,000 to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free firefighting foam for the replacement of aircraft rescue and firefighting vehicles.
(B)
Amount.—
The maximum amount of a grant made under subparagraph (A) may not exceed $2,000,000.
(2)
Remaining amounts.—
(A)
Determination of need.—
With respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine—
(i)
for each eligible airport, the total amount of such concentrate required for all of the federally required aircraft rescue and firefighting vehicles that meet index requirements under part 139, in gallons; and
(ii)
for all eligible airports, the total amount of firefighting foam concentrate, in gallons.
(B)
Determination of grant amounts.—
The Secretary shall make a grant to the sponsor of each eligible airport in an amount equal to the product of—138 STAT. 1293
(i)
the amount of funds made available to carry out this section that remain available after the Secretary reserves the amount described in paragraph (1); and
(ii)
the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii).
(c)
Program Requirements.—
(1)
Determination.
In general.—
The Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for approved fluorine-free firefighting foams.
(2)
Compliance with applicable law.—
To be eligible for reimbursement under the program established under subsection (a), the sponsor of an eligible airport shall carry out all actions related to the acquisition, disposal, and transition to approved fluorine-free firefighting foams, including the cleaning and disposal of equipment, in full compliance with all applicable Federal laws in effect at the time of obligation of a grant under this section.
(3)
Federal share.—
The Federal share of allowable costs under the PFAS replacement program shall be 100 percent.
(d)
Authorization of Appropriations.—
(1)
In general.—
There is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program.
(2)
Requirements.—
Amounts made available to carry out the PFAS replacement program shall—
(A)
remain available for expenditure for a period of 5 fiscal years; and
(B)
be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program.
(e)
Definitions.—
In this section:
(1)
Eligible airport.—
The term “
eligible airport
” means an airport holding an Airport Operating Certificate issued under part 139.(2)
Part 139.—
The term “
part 139
” means part 139 of title 14, Code of Federal Regulations.(3)
PFAS replacement program.—
The term “
PFAS replacement program
” means the program established under subsection (a).SEC. 768.
LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS.
(a)
In General.—
Section 50101 of title 49, United States Code,
is amended
—(1)
by
striking
“(except section 47127)” each place it appears; and(2)
by .
adding
at the end the following:“(d)
Limitation on Certain Rolling Stock Procurements.—
“(1)
In general.—
Financial assistance made available under the provisions described in subsection (a) shall not be used in awarding a contract or subcontract to an entity on 138 STAT. 1294
or after the date of enactment of this subsection for the procurement of rolling stock for use in an airport-related project if the manufacturer of the rolling stock—
“(A)
is incorporated in or has manufacturing facilities in the United States; and
“(B)
is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
“(i)
is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
“(ii)
was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and
“(iii)
is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
“(2)
Definitions.
Exception.—
“(A)
In general.—
For purposes of paragraph (1), the term ‘
otherwise related legally or financially
’ does not include—“(i)
a minority relationship or investment; or
“(ii)
relationship with or investment in a subsidiary, joint venture, or other entity based in a country described in paragraph (1)(B) that does not export rolling stock or components of rolling stock for use in the United States.
“(B)
Corporation based in people’s republic of china.—
Notwithstanding subparagraph (A)(i), for purposes of paragraph (1), the term ‘
otherwise related legally or financially
’ includes a minority relationship or investment if the relationship or investment involves a corporation based in the People’s Republic of China.“(3)
Applicability.
International agreements.—
This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.
“(4)
Waiver.—
“(A)
In general.—
The Secretary may waive the limitation described in paragraph (1) using the criteria described in subsection (b).
“(B)
Deadline.
Notification.—
Not later than 10 days after issuing a waiver under subparagraph (A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
(b)
Conforming Amendments.—
(1)
Restricting contract awards because of discrimination against united states goods or services.—
Section 50102 of title 49, United States Code,
is amended
by striking
“(except section 47127)”.(2)
Restriction on airport projects using products or services of foreign countries denying fair market 138 STAT. 1295 opportunities.—
Section 50104(b) of title 49, United States Code,
is amended
by striking
“(except section 47127)”.(3)
Fraudulent use of made in america label.—
Section 50105 of title 49, United States Code,
is amended
by striking
“(except section 47127)”.SEC. 769.
49 USC 44706 note.
MAINTAINING SAFE FIRE AND RESCUE STAFFING LEVELS.
(a)
Update to Regulation.—
The Administrator shall update the regulations contained in section 139.319 of title 14, Code of Federal Regulations, to ensure that paragraph (4) of such section provides that at least 1 individual maintains certification at the emergency medical technician basic level, or higher, at a small, medium, or large hub airport.
(b)
Deadline.
Evaluation.
Staffing Review.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall conduct a review of airport environments and related regulations to evaluate sufficient staffing levels necessary for firefighting, rescue, and emergency medical services and response at airports certified under part 139 of title 14, Code of Federal Regulations.
(c)
Report.—
Not later than 1 year after completing the review under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report containing the results of the review.
SEC. 770.
GRANT ASSURANCES.
(a)
General Written Assurances.—
Section 47107(a) of title 49, United States Code,
is amended
—(1)
in paragraph (20) by
striking
“and” at the end;(2)
in paragraph (21) by
striking
the period at the end and inserting
“; and”; and(3)
by .
adding
at the end the following:“(22)
Time period.
Effective dates.
the airport owner or operator may not restrict or prohibit the sale or self-fueling of any 100-octane low lead aviation gasoline for purchase or use by operators of general aviation aircraft if such aviation gasoline was available at such airport at any time during calendar year 2022, until the earlier of—
“(A)
December 31, 2030; or
“(B)
the date on which the airport or any retail fuel seller at such airport makes available an unleaded aviation gasoline that—
“(i)
has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and
“(ii)
meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the Administrator.”
(b)
Civil Penalties for Grant Assurances Violations.—
Section 46301(a) of title 49, United States Code, is further amended—
(1)
in paragraph (1)(A) by
inserting
“section 47107(a)(22) (including any assurance made under such section),” after “chapter 451,”; and(2)
by .
adding
at the end the following:138 STAT. 1296
“(8)
Failure to Continue Offering Aviation Fuel.—
Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(22) (including any assurance made under such section) committed by a person, including if the person is an individual or a small business concern, shall be $5,000 for each day that the person is in violation of that section.”
SEC. 771.
AVIATION FUEL IN ALASKA.
(a)
49 USC 44714 note.
In General.—
(1)
Prohibition on restriction of fuel usage or availability.—
Effective dates.
The Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall not restrict the continued use or availability of 100-octane low lead aviation gasoline in the State of Alaska until the earlier of—(A)
December 31, 2032; or
(B)
6 months after the date on which the Administrator of the Federal Aviation Administration finds that an unleaded aviation fuel is widely commercially available at airports throughout the State of Alaska that—
(i)
has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gasoline; and
(ii)
meets either an industry consensus standard or other standard that facilitates and ensures the safe use, production, and distribution of such unleaded aviation fuel.
(2)
Savings clause.—
Nothing in this section shall limit the authority of the Administrator of the Federal Aviation Administration or the Administrator of the Environmental Protection Agency to address the endangerment to public health and welfare posed by lead emissions—
(A)
in the United States outside of the State of Alaska; or
(B)
within the State of Alaska after the date specified in paragraph (1).
(b)
GAO Report on Transitioning to Unleaded Aviation Fuel in the State of Alaska.—
(1)
Evaluation.—
The Comptroller General of the United States shall conduct an evaluation of the following:
(A)
The aircraft, routes, and supply chains in the State of Alaska utilizing leaded aviation gasoline, including identification of remote and rural communities that rely upon leaded aviation gasoline.
(B)
Cost estimates.
The estimated costs and benefits of transitioning aircraft and the supply chain in the State of Alaska to aviation fuel that meets the requirements described in clauses (i) and (ii) of section 47107(a)(22)(B) of title 49, United States Code, as added by section 770, including direct costs of new aircraft and equipment and indirect costs, including transportation from refineries to markets, foreign imports, and changes in leaded aviation gasoline prices as a result of reduced supply.
(C)
The programs of the Environmental Protection Agency, the Federal Aviation Administration, and other 138 STAT. 1297
government agencies that can be utilized to assist individuals, communities, industries, and the State of Alaska with the costs described in subparagraph (B).
(D)
A reasonable time frame to permit any limitation on 100-octane low-lead aviation gasoline in the State of Alaska.
(E)
Other logistical considerations associated with the transition described in subparagraph (B).
(2)
Report.—
Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit a report containing the results of the evaluation conducted under paragraph (1) to—
(A)
the Committee on Commerce, Science, and Transportation of the Senate;
(B)
the Committee on Environment and Public Works of the Senate;
(C)
the Committee on Transportation and Infrastructure of the House of Representatives; and
(D)
the Committee on Energy and Commerce of the House of Representatives.
SEC. 772.
49 USC 47101 note.
APPLICATION OF AMENDMENTS.
The amendments to the Airport Improvement Program apportionment and discretionary formulas under chapter 471 of title 49, United States Code, made by this Act (except as they relate to the extension of provisions or authorities expiring on May 10, 2024, or May 11, 2024) shall not apply in a fiscal year beginning before the date of enactment of this Act.
SEC. 773.
Time periods.
Florida.
PROHIBITION ON USE OF AMOUNTS TO PROCESS OR ADMINISTER ANY APPLICATION FOR THE JOINT USE OF HOMESTEAD AIR RESERVE BASE WITH CIVIL AVIATION.
No amounts appropriated or otherwise made available to the Federal Aviation Administration for fiscal years 2024 through 2028 may be used to process or administer any application for the joint use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil aircraft.
SEC. 774.
UNIVERSAL CHANGING STATION.
(a)
Grant Assurances.—
Section 47107 of title 49, United States Code, as amended by section 743(b)(2), is further amended by .
adding
at the end the following:“(y)
Universal Changing Station.—
“(1)
Time periods.
Approval.
Applicability.
In general.—
In fiscal year 2030 and each fiscal year thereafter, the Secretary of Transportation may approve an application under this subchapter for an airport development project grant only if the Secretary receives written assurances that the airport owner or operator will install or maintain (in compliance with the requirements of section 35.133 of title 28, Code of Federal Regulations), as applicable—
“(A)
at least 1 private, single-use room with a universal changing station that—
“(i)
meets the standards established under paragraph (2)(A); and
“(ii)
is accessible to all individuals for purposes of use by an individual with a disability in each passenger terminal building of the airport; and138 STAT. 1298
“(B)
signage at or near the entrance to the changing station indicating the location of the changing station.
“(2)
Deadline.
Standards required.—
Not later than 2 years after the date of enactment of this subsection, the United States Access Board shall—
“(A)
establish—
“(i)
comprehensive accessible design standards for universal changing tables; and
“(ii)
standards on the privacy, accessibility, and sanitation equipment of the room in which such table is located, required to be installed, or maintained under this subsection; and
“(B)
Consultation.
in establishing the standards under subparagraph (A), consult with entities with appropriate expertise relating to the use of universal changing stations used by individuals with disabilities.
“(3)
Applicability.—
“(A)
Airport size.—
The requirement in paragraph (1) shall only apply to applications submitted by the airport sponsor of a medium or large hub airport.
“(B)
Determinations.
Special rule.—
The requirement in paragraph (1) shall not apply with respect to a project grant application for a period of time, determined by the Secretary, if the Secretary determines that construction or maintenance activities make it impracticable or unsafe for the universal changing station to be located in the sterile area of the building.
“(4)
Determination.
Compliance.
Exception.—
Upon application by an airport sponsor, the Secretary may determine that a universal changing station in existence before the date of enactment of the FAA Reauthorization Act of 2024, complies with the requirements of paragraph (1) (including the standards established under paragraph (2)(A)), notwithstanding the absence of 1 or more of the standards or characteristics required under such paragraph.
“(5)
Definition.—
In this section:
“(A)
Disability.—
The term ‘
disability
’ has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).“(B)
Sterile area.—
The term ‘
sterile area
’ has the same meaning given that term in section 1540.5 of title 49, Code of Federal Regulations.“(C)
Universal changing station.—
The term ‘
universal changing station
’ means a universal or adult changing station that meets the standards established by the United States Access Board under paragraph (2)(A).“(D)
United states access board.—
The term ‘
United States Access Board
’ means the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)).”(b)
Terminal Development Costs.—
Section 47119(a) of title 49, United States Code, .
is amended
by adding
at the end the following:“(4)
Approval.
Universal changing stations.—
In addition to the projects described in paragraph (1), the Secretary may approve a project for terminal development for the construction or 138 STAT. 1299
installation of a universal changing station (as defined in section 47107(y)) at a commercial service airport.”
SEC. 774A.
49 USC 44738 note.
AIRPORT HUMAN TRAFFICKING PREVENTION GRANTS.
(a)
In General.—
The Secretary shall establish a grant program to provide grants to airports described in subsection (b)(1) to address human trafficking awareness, education, and prevention efforts, including by—
(1)
coordinating human trafficking prevention efforts across multimodal transportation operations within a community; and
(2)
accomplishing the best practices and recommendations provided by the Department of Transportation Advisory Committee on Human Trafficking.
(b)
Distribution.—
(1)
In general.—
The Secretary shall distribute amounts made available for grants under this section to—
(A)
the 75 airports in the United States with the highest number of passenger enplanements annually, based on the most recent data available; and
(B)
Determination.
as the Secretary determines to be appropriate, an airport not described in subparagraph (A) that serves an area with a high prevalence of human trafficking, on application of the airport.
(2)
Priority; considerations.—
In distributing amounts made available for grants under this section, the Secretary shall—
(A)
give priority in grant amounts to airports referred to in paragraph (1) that serve regions with a higher prevalence of human trafficking; and
(B)
take into consideration the effect the amounts would have on surrounding areas.
(3)
Consultation.—
In distributing amounts made available for grants under this section, the Secretary shall consult with the Department of Transportation Advisory Committee on Human Trafficking in determining the amounts to be distributed to each grant recipient to ensure the best use of the funds.
(c)
Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2025 through 2028.
SEC. 774B.
Recommenda-
tions.
STUDY ON IMPROVEMENTS FOR CERTAIN NONHUB AIRPORTS.
(a)
Deadline.
In General.—
Not later than 90 days after the date of enactment of this section, the Comptroller General shall conduct a study on the challenges faced by nonhub airports not designated as essential air service communities and recommend ways to help secure and retain flight schedules using existing Federal programs, such as the Small Community Air Service Development program.
(b)
Determination.
Report.—
Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), including recommendations for such legislation and administrative action as the Comptroller General determines appropriate.138 STAT. 1300
Subtitle B—
Passenger Facility Charges
SEC. 775.
ADDITIONAL PERMITTED USES OF PASSENGER FACILITY CHARGE REVENUE.
Section 40117(a)(3) of title 49, United States Code, .
is amended
by adding
at the end the following:“(H)
A project at a small hub airport for a noise barrier where the day–night average sound level from commercial, general aviation, or cargo operations is expected to exceed 55 decibels as a result of new airport development.
“(I)
A project for the replacement of existing workspace elements (including any associated in-kind facility or equipment within or immediately adjacent to a terminal development or renovation project at such airport) related to the relocation of a Federal agency on airport grounds due to such terminal development or renovation project for which development costs are eligible costs under this section.”
SEC. 776.
PASSENGER FACILITY CHARGE STREAMLINING.
(a)
In General.—
Section 40117 of title 49, United States Code,
is amended
—(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by
striking
“The Secretary” and inserting
“Except as provided under subsection (l), the Secretary”; and(ii)
by
striking
“$1, $2, or $3” and inserting
“$1, $2, $3, $4, or $4.50”;(B)
by
striking
paragraph (4);(C)
by
redesignating
paragraphs (5) through (7) as paragraphs (4) through (6), respectively;(D)
in paragraph (5), as so redesignated—
(i)
by
striking
“paragraphs (1) and (4)” and inserting
“paragraph (1)”; and(ii)
by
striking
“paragraph (1) or (4)” and inserting
“paragraph (1)”; and(E)
in paragraph (6)(A), as so redesignated—
(i)
by
striking
“paragraphs (1), (4), and (6)” and inserting
“paragraphs (1) and (5)”; and(ii)
by
striking
“paragraph (1) or (4)” and inserting
“paragraph (1)”;(2)
in subsection (e)(1)—
(A)
in subparagraph (A) by
inserting
“or a passenger facility charge imposition is authorized under subsection (l)” after “of this section”; and(B)
in subparagraph (B) by
inserting
“reasonable” after “subject to”; and(3)
in subsection (l)—
(A)
in the subsection heading, by
striking
“Pilot Program for Passenger Facility Charge Authorizations” and inserting
“Passenger Facility Charge Streamlining”;(B)
by ;
striking
paragraph (1) and inserting
the following:“(1)
In general.—
138 STAT. 1301“(A)
Regulations.—
The Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges.
“(B)
Passenger facility charge.—
An eligible agency may impose a passenger facility charge of $1, $2, $3, $4, or $4.50 in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section.”
(C)
by ;
striking
paragraph (4) and inserting
the following:“(4)
Acknowledgment of receipt and indication of objection.—
“(A)
Deadline.
In general.—
The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 60 days after receipt of the eligible agency’s notice.
“(B)
Prohibited objection.—
The Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, if the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) do not exceed the total cost of the project.
“(C)
Allowed objection.—
The Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that—
“(i)
establishes significant policy precedent;
“(ii)
raises significant legal issues;
“(iii)
garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities;
“(iv)
raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475;
“(v)
includes multimodal components; or
“(vi)
serves no aeronautical purpose.”
(D)
by
striking
paragraph (6); and(E)
by
redesignating
paragraph (7) as paragraph (6).(b)
Deadline.
49 USC 40117 note.
Rulemaking.—
Not later than 120 days after the date of enactment of this Act, the Administrator shall initiate a rulemaking to implement the amendments made by subsection (a).
(c)
49 USC 40117 note.
Interim Guidance.—
The interim guidance established in the memorandum of the FAA titled “PFC 73–20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports”, issued on January 22, 2020, including any modification to such guidance necessary to conform with the amendments made by subsection (a), shall remain in effect until the effective date of the final rule issued under subsection (b).138 STAT. 1302
Subtitle C—
Noise And Environmental Programs And Streamlining
SEC. 781.
STREAMLINING CONSULTATION PROCESS.
Section 47101(h) of title 49, United States Code,
is amended
by striking
“shall” and inserting
“may”.SEC. 782.
REPEAL OF BURDENSOME EMISSIONS CREDIT REQUIREMENTS.
Section 47139 of title 49, United States Code,
is amended
—(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1)—
(i)
by
striking
“airport sponsors receive” and inserting
“airport sponsors may receive”;(ii)
by
striking
“carrying out projects” and inserting
“carrying out projects, including projects”; and(iii)
by
striking
“conditions” and inserting
“considerations”; and(B)
in paragraph (2)—
(i)
by
striking
“airport sponsor” and inserting
“airport sponsor, including for an airport outside of a nonattainment area or maintenance area,”;(ii)
by
striking
“only”;(iii)
by
striking
“or as offsets” and inserting
“, as offsets”; and(iv)
by
striking
the period at the end and inserting
“, or as part of a State implementation plan.”;(2)
by
striking
subsection (b); and(3)
by
redesignating
subsection (c) as subsection (b).SEC. 783.
EXPEDITED ENVIRONMENTAL REVIEW AND ONE FEDERAL DECISION.
Section 47171 of title 49, United States Code,
is amended
—(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1)—
(i)
by
striking
“develop and”; and(ii)
by
striking
“projects at congested airports” and all that follows through “aviation security projects” and inserting
“projects, terminal development projects, general aviation airport construction or improvement projects, and aviation safety projects”; and(B)
in paragraph (1) by
striking
“better” and inserting
“streamlined”;(2)
by ;
striking
subsection (b) and inserting
the following:“(b)
Aviation Projects Subject to a Streamlined Environmental Review Process.—
“(1)
In general.—
Any airport capacity enhancement project, terminal development project, or general aviation airport construction or improvement project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.
“(2)
Project designation criteria.—
“(A)
In general.—
The Secretary may designate an aviation safety project for priority environmental review.138 STAT. 1303
“(B)
Requirements.—
A designated project shall be subject to the coordinated and expedited environmental review process requirements set forth in this section.
“(C)
Guidelines.—
“(i)
In general.—
The Secretary shall establish guidelines for the designation of an aviation safety project or aviation security project for priority environmental review.
“(ii)
Consideration.—
Guidelines established under clause (i) shall provide for consideration of—
“(I)
the importance or urgency of the project;
“(II)
the potential for undertaking the environmental review under existing emergency procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
“(III)
the need for cooperation and concurrent reviews by other Federal or State agencies; and
“(IV)
the prospect for undue delay if the project is not designated for priority review.”
(3)
in subsection (c) by
striking
“an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting
“a project described or designated under subsection (b)”;(4)
in subsection (d) by
striking
“each airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting
“a project described or designated under subsection (b)”;(5)
in subsection (h) by
striking
“designated under subsection (b)(3)” and all that follows through “congested airports” and inserting
“described in subsection (b)(1)”;(6)
in subsection (j)—
(A)
by ; and
striking
“For any” and inserting
the following:“(1)
In general.—
For any”
(B)
by ;
adding
at the end the following:“(2)
Deadline.—
The Secretary shall define the purpose and need of a project not later than 45 days after—
“(A)
the submission of the appropriately completed proposed purpose and need description of the airport sponsor; and
“(B)
any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the Federal Aviation Administration.
“(3)
Assistance.—
The Secretary shall provide all airport sponsors with technical assistance in drafting purpose and need statements and necessary supporting documentation for projects involving Federal approvals from more than 1 Federal agency.”
(7)
in subsection (k)—
(A)
by
striking
“an airport capacity enhancement project at a congested airport or a project designated under subsection (b)(3)” and inserting
“a project described or designated under subsection (b)”;(B)
by
striking
“project shall consider” and inserting
the following: “project shall—
;138 STAT. 1304“(1)
consider”
(C)
by
striking
the period at the end and inserting
“; and”; and(D)
by ;
adding
at the end the following:“(2)
limit the comments of the agency to—
“(A)
subject matter areas within the special expertise of the agency; and
“(B)
changes necessary to ensure the agency is carrying out the obligations of that agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable law.”
(8)
in subsection (l) by
striking
the period at the end and inserting
“and section 1503 of title 40, Code of Federal Regulations.”; and(9)
by .138 STAT. 1313
striking
subsection (m) and inserting
the following:“(m)
Coordination and Schedule.—
“(1)
Coordination plan.—
“(A)
Deadline.
Notice.
Assessment.
In general.—
Not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement or the initiation of an environmental assessment, the Secretary of Transportation shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project described or designated under subsection (b).
Memorandum.
The coordination plan may be incorporated into a memorandum of understanding.“(B)
Cloud-based, interactive digital platforms.—
The Secretary is encouraged to utilize cloud-based, interactive digital platforms to meet community engagement and agency coordination requirements under subparagraph (A).
“(C)
Schedule.—
“(i)
Consultation.
In general.—
The Secretary shall establish as part of such coordination plan, after consultation with and the concurrence of each participating agency for the project and with the State in which the project is located (and, if the State is not the project sponsor, with the project sponsor), a schedule for—
“(I)
interim milestones and deadlines for agency activities necessary to complete the environmental review; and
“(II)
completion of the environmental review process for the project.
“(ii)
Factors for consideration.—
In establishing the schedule under clause (i), the Secretary shall consider factors such as—
“(I)
the responsibilities of participating agencies under applicable laws;
“(II)
resources available to the cooperating agencies;
“(III)
overall size and complexity of the project;
“(IV)
the overall time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of the project; and
“(V)
the sensitivity of the natural and historic resources that could be affected by the project.138 STAT. 1305
“(iii)
Maximum project schedule.—
To the maximum extent practicable and consistent with applicable Federal law, the Secretary shall develop, in concurrence with the project sponsor, a maximum schedule for the project described or designated under subsection (b) that is not more than 2 years for the completion of the environmental review process for such projects, as measured from, as applicable, the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision.
“(iv)
Dispute resolution.—
Time period.
“(I)
In general.—
Any issue or dispute that arises between the Secretary and participating agencies (or amongst participating agencies) during the environmental review process shall be addressed expeditiously to avoid delay.
“(II)
Responsibilities.—
The Secretary and participating agencies shall—
“(aa)
implement the requirements of this section consistent with any dispute resolution process established in an applicable law, regulation, or legally binding agreement to the maximum extent permitted by law; and
“(bb)
seek to resolve issues or disputes at the earliest possible time at the project level through agency employees who have day-to-day involvement in the project.
“(III)
Secretary responsibilities.—
“(aa)
In general.—
The Secretary shall make information available to each cooperating and participating agency and project sponsor as early as practicable in the environmental review regarding the environmental, historic, and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.
“(bb)
Sources of information.—
The information described in item (aa) may be based on existing data sources, including geographic information systems mapping.
“(IV)
Cooperating and participating agency responsibilities.—
Each cooperating and participating agency shall—
“(aa)
identify, as early as practicable, any issues of concern regarding any potential environmental impacts of the project, including any issues that could substantially delay or prevent an agency from completing any environmental review or authorization required for the project; and
“(bb)
communicate any issues described in item (aa) to the project sponsor.
“(V)
Elevation for missed milestone.—
If a dispute between the Secretary and participating agencies (or amongst participating agencies) causes a milestone to be missed or extended, or 138 STAT. 1306
the Secretary anticipates that a permitting timetable milestone will be missed or will need to be extended, the dispute shall be elevated to an official designated by the relevant agency for resolution. The elevation of a dispute shall take place as soon as practicable after the Secretary becomes aware of the dispute or potential missed milestone.
“(VI)
Exception.—
Disputes that do not impact the ability of an agency to meet a milestone may be elevated as appropriate.
“(VII)
Time period.
Further evaluation.—
If a resolution has not been reached at the end of the 30-day period after a relevant milestone date or extension date after a dispute has been elevated to the designated official, the relevant agencies shall elevate the dispute to senior agency leadership for resolution.
“(D)
Consistency with other time periods.—
A schedule under subparagraph (C) shall be consistent with any other relevant time periods established under Federal law.
“(E)
Modification.—
“(i)
In general.—
Except as provided in clause (ii), the Secretary may lengthen or shorten a schedule established under subparagraph (C) for good cause. The Secretary may consider a decision by the project sponsor to change, modify, expand, or reduce the scope of a project as good cause for purposes of this clause.
“(ii)
Limitations.—
“(I)
Time period.
Lengthened schedule.—
The Secretary may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the project described or designated under subsection (b) by the Secretary.
“(II)
Shortened schedule.—
The Secretary may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.
“(F)
Failure to meet deadline.—
If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)—
“(i)
Reports.
the cooperating Federal agency shall, not later than 10 days after failing to meet the deadline, submit to the Secretary a report that describes the reasons why the deadline was not met; and
“(ii)
the Secretary shall—
“(I)
Records.
submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of the report under clause (i); and
“(II)
Public information.
Web posting.
make the report under clause (i) publicly available on a website of the Department of Transportation.138 STAT. 1307
“(G)
Records.
Dissemination.—
A copy of a schedule under subparagraph (C), and of any modifications to the schedule under subparagraph (E), shall be—
“(i)
provided to all participating agencies and to the State department of transportation of the State in which the project is located (and, if the State is not the project sponsor, to the project sponsor); and
“(ii)
made available to the public.
“(2)
Comment deadlines.—
The Secretary shall establish the following deadlines for comment during the environmental review process for a project:
“(A)
Federal Register, publication.
Notice.
For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of notice of the date of public availability of such statement, unless—
“(i)
a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or
“(ii)
the deadline is extended by the lead agency for good cause.
“(B)
Time period.
For all other comment periods established by the lead agency for agency or public comments in the environmental review process, a period of not more than 45 days from availability of the materials on which comment is requested, unless—
“(i)
a different deadline is established by agreement of the Secretary, the project sponsor, and all participating agencies; or
“(ii)
the deadline is extended by the lead agency for good cause.
“(3)
Requirement.
Public information.
Web posting.
Notices.
Time periods.
Deadlines for decisions under other laws.—
In any case in which a decision under any Federal law relating to a project described or designated under subsection (b) (including the issuance or denial of a permit or license) is required to be made by the later of the date that is 180 days after the date on which the Secretary made all final decisions of the lead agency with respect to the project or 180 days after the date on which an application was submitted for the permit or license, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and publish on a website of the Department of Transportation—
“(A)
as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and
“(B)
every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the additional notice.
“(4)
Involvement of the public.—
Nothing in this subsection shall reduce any time period provided for public comment in the environmental review process under existing Federal law, including a regulation.138 STAT. 1308
“(n)
Concurrent Reviews and Single NEPA Document.—
“(1)
Concurrent reviews.—
Each participating agency and cooperating agency under the expedited and coordinated environmental review process established under this section shall—
“(A)
carry out the obligations of such agency under other applicable law concurrently, and in conjunction, with the review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of such agency to conduct needed analysis or otherwise carry out such obligations; and
“(B)
formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.
“(2)
Single nepa document.—
“(A)
In general.—
To the maximum extent practicable and consistent with Federal law, all Federal permits and reviews for a project shall rely on a single environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the Secretary.
“(B)
Use of document.—
“(i)
In general.—
To the maximum extent practicable, the Secretary shall develop an environmental document sufficient to satisfy the requirements for any Federal approval or other Federal action required for the project, including permits issued by other Federal agencies.
“(ii)
Cooperation of participating agencies.—
In carrying out this subparagraph, other participating agencies shall cooperate with the lead agency and provide timely information.
“(C)
Treatment as participating and cooperating agencies.—
A Federal agency required to make an approval or take an action for a project, as described in this paragraph, shall work with the Secretary to ensure that the agency making the approval or taking the action is treated as being both a participating and cooperating agency for the project.
“(D)
Waiver authority.
Exceptions.—
The Secretary may waive the application of subparagraph (A) with respect to a project if—
“(i)
the project sponsor requests that agencies issue separate environmental documents;
“(ii)
the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or
“(iii)
Determination.
the Secretary determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project.138 STAT. 1309
“(3)
Participating agency responsibilities.—
An agency participating in the expedited and coordinated environmental review process under this section shall—
“(A)
provide comments, responses, studies, or methodologies on areas within the special expertise or jurisdiction of the agency; and
“(B)
use the process to address any environmental issues of concern to the agency.
“(o)
Environmental Impact Statement.—
“(1)
Errata sheets.
In general.—
In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project described or designated under subsection (b), if the Secretary modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the Secretary may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets—
“(A)
cite the sources, authorities, and reasons that support the position of the agency; and
“(B)
if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
“(2)
Records.
Single document.—
To the maximum extent practicable, for a project subject to a coordinated review process under this section, the Secretary shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless—
“(A)
the final environmental impact statement or record of decision makes substantial changes to the project that are relevant to environmental or safety concerns; or
“(B)
there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the environmental impacts of the proposed action.
“(3)
Length of environmental document.—
“(A)
In general.—
Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices.
“(B)
Extraordinary complexity.—
An environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices.
“(p)
Integration of Planning and Environmental Review.—
“(1)
In general.—
Subject to paragraph (5) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference, and use a planning product in proceedings relating to, any class of action in the environmental review process of a project described or designated under subsection (b):
“(A)
The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(B)
A cooperating agency with responsibility under Federal law with respect to the process for and completion 138 STAT. 1310
of any environmental permit, approval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if consistent with such Act.
“(2)
Determination.
Identification.—
If a lead or cooperating agency makes a determination to adopt or incorporate by reference and use a planning product under paragraph (1), such agency shall identify the agencies that participated in the development of the planning products.
“(3)
Adoption or incorporation by reference of planning products.—
Such agency may—
“(A)
adopt or incorporate by reference an entire planning product under paragraph (1); or
“(B)
select portions of a planning project under paragraph (1) for adoption or incorporation by reference.
“(4)
Timing.—
The adoption or incorporation by reference of a planning product under paragraph (1) may—
“(A)
be made at the time the lead and cooperating agencies decide the appropriate scope of environmental review for the project; or
“(B)
occur later in the environmental review process, as appropriate.
“(5)
Incorporation
by reference.
Determination.
Processes.
Conditions.—
Such agency in the environmental review process may adopt or incorporate by reference a planning product under this section if such agency determines, with the concurrence of the lead agency, if appropriate, and, if the planning product is necessary for a cooperating agency to issue a permit, review, or approval for the project, with the concurrence of the cooperating agency, if appropriate, that the following conditions have been met:
“(A)
The planning product was developed through a planning process conducted pursuant to applicable Federal law.
“(B)
The planning product was developed in consultation with appropriate Federal and State resource agencies and Indian Tribes.
“(C)
The planning process included broad multidisciplinary consideration of systems-level or corridor-wide transportation needs and potential effects, including effects on the human and natural environment.
“(D)
Public information.
Notice.
The planning process included public notice that the planning products produced in the planning process may be adopted during any subsequent environmental review process in accordance with this section.
“(E)
During the environmental review process, the such agency has—
“(i)
Public comment.
made the planning documents available for public review and comment by members of the general public and Federal, State, local, and Tribal governments that may have an interest in the proposed project;
“(ii)
Notice.
provided notice of the intention of the such agency to adopt or incorporate by reference the planning product; and
“(iii)
considered any resulting comments.
“(F)
There is no significant new information or new circumstance that has a reasonable likelihood of affecting 138 STAT. 1311
the continued validity or appropriateness of the planning product or portions thereof.
“(G)
Data.
The planning product has a rational basis and is based on reliable and reasonably current data and reasonable and scientifically acceptable methodologies.
“(H)
The planning product is documented in sufficient detail to support the decision or the results of the analysis and to meet requirements for use of the information in the environmental review process.
“(I)
The planning product is appropriate for adoption or incorporation by reference and use in the environmental review process for the project and is incorporated in accordance with, and is sufficient to meet the requirements of, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1502.21 of title 40, Code of Federal Regulations.
“(6)
Effect of adoption or incorporation by reference.—
Any planning product or portions thereof adopted or incorporated by reference by such agency in accordance with this subsection may be—
“(A)
incorporated directly into an environmental review process document or other environmental document; and
“(B)
relied on and used by other Federal agencies in carrying out reviews of the project.
“(q)
Report on NEPA Data.—
“(1)
Process.
Time period.
In general.—
The Secretary shall carry out a process to track, and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report on projects described in subsection (b)(1) that contains the information described in paragraph (3).
“(2)
Time to complete.—
For purposes of paragraph (3), the NEPA process—
“(A)
Statement.
for an environmental impact statement—
“(i)
Notice.
Federal Register, publication.
begins on the date on which a notice of intent is published in the Federal Register; and
“(ii)
ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and
“(B)
Assessment.
Determinations.
for an environmental assessment—
“(i)
begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and
“(ii)
ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary.
“(3)
Information described.—
The information referred to in paragraph (1) is, with respect to the Federal Aviation Administration—
“(A)
the number of proposed actions for which a categorical exclusion was applied by the Secretary during the reporting period;138 STAT. 1312
“(B)
the number of proposed actions for which a documented categorical exclusion was applied by the Secretary during the reporting period;
“(C)
the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Secretary is pending;
“(D)
the number of proposed actions for which an environmental assessment was issued by the Secretary during the reporting period;
“(E)
the length of time the Administration took to complete each environmental assessment described in subparagraph (D);
“(F)
the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Secretary;
“(G)
the number of proposed actions for which a final environmental impact statement was completed by the Secretary during the reporting period;
“(H)
the length of time that the Secretary took to complete each environmental impact statement described in subparagraph (G);
“(I)
the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and
“(J)
for the proposed actions reported under subparagraphs (F) and (I), the percentage of such proposed actions for which—
“(i)
project funding has been identified; and
“(ii)
all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed.
“(4)
Definitions.—
In this section:
“(A)
Environmental assessment.—
The term ‘
environmental assessment
’ has the meaning given such term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation).“(B)
Environmental impact statement.—
The term ‘
environmental impact statement
’ means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).“(C)
NEPA process.—
The term ‘
NEPA process
’ means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action.“(D)
Proposed action.—
The term ‘
proposed action
’ means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out.“(E)
Reporting period.—
The term ‘
reporting period
’ means the fiscal year prior to the fiscal year in which a report is issued under subsection (a).”SEC. 784.
SUBCHAPTER III DEFINITIONS.
Section 47175 of title 49, United States Code,
is amended
—(1)
in paragraph (3)(A) by
striking
“and” at the end and inserting
“or”;(2)
in paragraph (4)—
(A)
in subparagraph (A) by
striking
“and” at the end; and(B)
in subparagraph (B)—
(i)
by
striking
“(B)”; and(ii)
by
redesignating
clauses (i) and (ii) as subparagraphs (B) and (C), respectively;(3)
by
striking
paragraph (5);(4)
by
redesignating
paragraphs (3), (1), (4), (2), (6), and (8) as paragraphs (1), (2), (3), (4), (5), and (6), respectively; and(5)
by .
adding
at the end the following:“(8)
Terminal development.—
The term ‘
terminal development
’ has the meaning given such term in section 47102.”SEC. 785.
PILOT PROGRAM EXTENSION.
Section 190 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note)
is amended
—(1)
in subsection (a) by
inserting
“in each fiscal year” after “6 projects”; and(2)
in subsection (i) by
striking
“5 years” and all that follows through the period at the end and inserting
“on October 1, 2028.”.SEC. 786.
Deadlines.
49 USC 47501 note.
PART 150 NOISE STANDARDS UPDATE.
(a)
Review.
Regulations.
In General.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall review and revise, as appropriate, part 150 of title 14, Code of Federal Regulations, to reflect all relevant laws and regulations, including part 161 of title 14, Code of Federal Regulations.
(b)
Clarification.
Outreach.—
As part of the review conducted under subsection (a), the Administrator shall clarify existing and future noise policies and standards and seek feedback from airports, airport users, and individuals living in the vicinity of airports and in airport adjacent communities before implementing any changes to any noise policies or standards.
(c)
Time period.
Briefing.—
Not later than 90 days after the date of enactment of this Act, and every 6 months thereafter, the Administrator shall brief the appropriate committees of Congress regarding the review conducted under subsection (a).
(d)
Sunset.—
The requirement under subsection (c) shall terminate on the earlier of—
(1)
October 1, 2028; or
(2)
the date on which 1 briefing is provided under subsection (c) after the changes in subsection (a) are implemented.
SEC. 787.
Procedures.
49 USC 47501 note.
REDUCING COMMUNITY AIRCRAFT NOISE EXPOSURE.
In implementing or substantially revising a flight procedure, the Administrator shall consider the following actions (to the extent that such actions do not negatively affect aviation safety or efficiency) to reduce undesirable aircraft noise:
(1)
Implement flight procedures that can mitigate the impact of aircraft noise, based on a consensus community recommendation.138 STAT. 1314
(2)
Work with airport sponsors and potentially impacted neighboring communities in establishing or modifying aircraft arrival and departure routes.
(3)
In collaboration with local governments, discourage local encroachment of residential or other buildings near airports that could create future aircraft noise complaints or impact airport operations or aviation safety.
SEC. 788.
49 USC 47171 note.
CATEGORICAL EXCLUSIONS.
(a)
Categorical Exclusion for Projects of Limited Federal Assistance.—
An action by the Administrator to approve, permit, finance, or otherwise authorize any airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA Order 1050.1F (or any successor document), if such project—
(1)
receives less than $6,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) of Federal funds or funds from charges collected under section 40117 of title 49, United States Code; or
(2)
Cost estimate.
has a total estimated cost of not more than $35,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) and Federal funds comprising less than 15 percent of the total estimated project cost.
(b)
Categorical Exclusion in Emergencies.—
An action by the Administrator to approve, permit, finance, or otherwise authorize an airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA Order 1050.1F (or any successor document), if such project is—
(1)
for the repair or reconstruction of any airport facility, runway, taxiway, or similar structure that is in operation or under construction when damaged by an emergency declared by the Governor of the State with concurrence of the Administrator or for a disaster or emergency declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(2)
in the same location with the same capacity, dimensions, and design as the original airport facility, runway, taxiway, or similar structure as before the declaration described in this section; and
(3)
Time period.
Effective date.
commenced within a 2-year period beginning on the date of a declaration described in this section.
(c)
Determination.
Extraordinary Circumstances.—
The presumption that an action is covered by a categorical exclusion under subsections (a) and (b) shall not apply if the Administrator determines that extraordinary circumstances exist with respect to such action.
(d)
Rule of Construction.—
Nothing in this section shall be construed to impact any aviation safety authority of the Administrator.
(e)
Definitions.—
In this section:
(1)
Categorical exclusion.—
The term “
categorical exclusion
” has the meaning given such term in section 1508.1(d) of title 40, Code of Federal Regulations.138 STAT. 1315(2)
Public-use airport; sponsor.—
The terms “public-use airport” and “sponsor” have the meanings given such terms in section 47102 of title 49, United States Code.
SEC. 789.
Deadline.
List.
49 USC 47171 note.
UPDATING PRESUMED TO CONFORM LIMITS.
Not later than 24 months after the date of enactment of this Act, the Administrator shall take such actions as are necessary to update the FAA’s list of actions that are presumed to conform to a State implementation plan pursuant to section 93.153(f) of title 40, Code of Federal Regulations, to include projects relating to the construction of aircraft hangars.
SEC. 790.
RECOMMENDATIONS ON REDUCING ROTORCRAFT NOISE IN DISTRICT OF COLUMBIA.
(a)
Study.—
The Comptroller General shall conduct a study on reducing rotorcraft noise in the District of Columbia.
(b)
Contents.—
In carrying out the study under subsection (a), the Comptroller General shall consider—
(1)
the extent to which military operators consider operating over unpopulated areas outside of the District of Columbia for training missions;
(2)
the extent to which vehicles or aircraft other than conventional rotorcraft (such as unmanned aircraft) could be used for emergency and law enforcement response; and
(3)
the extent to which relevant operators and entities have assessed and addressed, as appropriate, the noise impacts of various factors of operating rotorcraft, including, at a minimum—
(A)
altitude;
(B)
the number of flights;
(C)
flight paths;
(D)
time of day of flights;
(E)
types of aircraft;
(F)
operating procedures; and
(G)
pilot training.
(c)
Briefing.
Report.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall brief the appropriate committees of Congress on preliminary observations, with a report to follow at a date agreed upon at the time of the briefing, containing—
(1)
the contents of the study conducted under subsection (a); and
(2)
Recommenda-
tions.
any recommendations for the reduction of rotorcraft noise in the District of Columbia.
(d)
Relevant Operators and Entities Defined.—
In this section, the term “
relevant operators and entities
” means—(1)
the Chief of Police of the Metropolitan Police Department of the District of Columbia;
(2)
any medical rotorcraft operator that routinely flies a rotorcraft over the District of Columbia; and
(3)
any other operator that routinely flies a rotorcraft over the District of Columbia.
SEC. 791.
UFP STUDY.
(a)
Deadline.
Contracts.
Examination.
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with the National Academies under which the 138 STAT. 1316
National Research Council shall carry out a study examining airborne ultrafine particles and the effect of such particles on airport-adjacent communities.
(b)
Scope of Study.—
In carrying out the study under subsection (a), the National Research Council shall—
(1)
Summaries.
summarize the relevant literature and studies done on airborne UFPs worldwide;
(2)
focus on large hub airports;
(3)
Examination.
examine airborne UFPs and the potential effect of such UFPs on airport-adjacent communities, including—
(A)
characteristics of UFPs present in the air;
(B)
spatial and temporal distributions of UFP concentrations;
(C)
primary sources of UFPs;
(D)
the contribution of aircraft and airport operations to the distribution of UFP concentrations compared to other sources;
(E)
potential health effects associated with elevated UFP exposures, including outcomes related to cardiovascular disease, respiratory infection and disease, degradation of neurocognitive functions, and other health effects; and
(F)
potential UFP exposures, especially to susceptible groups;
(4)
consider the concentration of UFPs resulting from various aviation fuel sources including aviation gasoline, sustainable aviation fuel, and hydrogen, to the extent practicable;
(5)
identify measures intended to reduce the release of UFPs; and
(6)
identify information gaps related to understanding potential relationships between UFP exposures and health effects, contributions of aviation-related emissions to UFP exposures, and the effectiveness of mitigation measures.
(c)
Coordination.—
The Administrator may coordinate with the heads of such other agencies that the Administrator considers appropriate to provide data and other assistance necessary for the study.
(d)
Recommenda-
tions.
Report.—
Not later than 180 days after the National Research Council submits of the results of the study to the Administrator, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study carried out under subsection (a), including any recommendations based on such study.
(e)
Definition of Ultrafine Particle.—
In this section, the terms “ultrafine particle” and “UFP” mean particles with diameters less than or equal to 100 nanometers.
SEC. 792.
AIRCRAFT NOISE ADVISORY COMMITTEE.
(a)
Deadline.
Establishment.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Aircraft Noise Advisory Committee (in this section referred to as the “Advisory Committee”) to advise the Administrator on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations.
(b)
Appointments.
Membership.—
The Administrator shall appoint the members of the Advisory Committee, which shall be comprised of—
(1)
at least 1 representative of each of—138 STAT. 1317
(A)
engine manufacturers;
(B)
air carriers;
(C)
airport owners or operators;
(D)
aircraft manufacturers;
(E)
advanced air mobility manufacturers or operators; and
(F)
institutions of higher education; and
(2)
representatives of airport-adjacent communities from geographically diverse regions.
(c)
Duties.—
The duties of the Advisory Committee shall include—
(1)
the evaluation of existing research on aircraft noise impacts and annoyance;
(2)
the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level standard, in consultation with the National Academies;
(3)
the evaluation of the current 65-decibel exposure threshold, including the impact to land use compatibility around airports if such threshold was lowered;
(4)
the evaluation of current noise mitigation strategies and the community engagement efforts by the FAA with respect to changes in airspace utilization, such as the integration of new entrants and usage of performance-based navigation; and
(5)
other duties determined appropriate by the Administrator.
(d)
Recommenda-
tions.
Reports.—
(1)
In general.—
Not later than 1 year after the date of establishment of the Advisory Committee, the Advisory Committee shall submit to the Administrator a report on any recommended changes to current aviation noise policies.
(2)
Report to congress.—
Not later than 180 days after the date the Administrator receives the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report containing the recommendations made by the Advisory Committee.
(e)
Deadline.
Plan.
Congressional Briefing.—
Not later than 30 days after submission of the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on how the Administrator plans to implement recommendations contained in the report and, for each recommendation that the Administrator does not plan to implement, the reason of the Administrator for not implementing the recommendation.
(f)
Consultation.—
The Advisory Committee shall consult with other relevant Federal agencies, including the National Aeronautics and Space Administration, in carrying out the duties described in section (c).
SEC. 793.
49 USC 40101 note.
COMMUNITY COLLABORATION PROGRAM.
(a)
Establishment.—
The Administrator shall continue existing community engagement activities under the designation of a Community Collaboration Program (in this section referred to as the “Program”).
(b)
Responsibilities.—
(1)
In general.—
In carrying out the Program, the Administrator shall facilitate and harmonize, as appropriate, policies and procedures carried out by various offices of the FAA pertaining to community engagement relating to—138 STAT. 1318
(A)
airport planning and development;
(B)
noise and environmental policy;
(C)
NextGen implementation;
(D)
air traffic route changes;
(E)
integration of new and emerging entrants; and
(F)
other topics with respect to which community engagement is critical to program success.
(2)
Specified responsibilities.—
In carrying out the Program, the Administrator shall be responsible for—
(A)
updating the internal guidance of the FAA for community engagement based on—
(i)
best practices of other Federal agencies and external organizations with expertise in community engagement;
(ii)
interviews with impacted residents; and
(iii)
recommendations solicited from individuals and local government officials in communities adversely impacted by aircraft noise;
(B)
coordinating with the Air Traffic Organization on community engagement efforts related to air traffic procedure changes to ensure that impacted communities are consulted in a meaningful way;
(C)
coordination with Regional Ombudsmen of the FAA;
(D)
oversight, streamlining, and increasing the responsiveness of the noise complaint process of the FAA by—
(i)
centralizing noise complaint data and improving data collection methodologies;
(ii)
ensuring such Regional Ombudsmen are consulted in local air traffic procedure development decisions; and
(iii)
collecting feedback from such Regional Ombudsmen to inform national policymaking efforts;
(E)
timely implementation of the recommendations, as appropriate, made by the Comptroller General to the Secretary contained in the report titled “Aircraft Noise: FAA Could Improve Outreach Through Enhanced Noise Metrics, Communication, and Support to Communities”, issued in September 2021 (GAO–21–103933) to improve the outreach of the FAA to local communities impacted by aircraft noise, including—
(i)
any recommendations to—
(I)
identify appropriate supplemental metrics for assessing noise impacts and circumstances for their use to aid in the internal assessment of the FAA of noise impacts related to proposed flight path changes;
(II)
update guidance to incorporate additional tools to more clearly convey expected impacts, such as other noise metrics and visualization tools; and
(III)
improve guidance to airports and communities on effectively engaging with the FAA; and
(ii)
any other recommendations included in the report that would assist the FAA in improving outreach to communities affected by aircraft noise;138 STAT. 1319
(F)
ensuring engagement with local community groups as appropriate in conducting the other responsibilities described in this section; and
(G)
other responsibilities as considered appropriate by the Administrator.
(c)
Deadline.
Briefing.—
Not later than 2 years after the Administrator implements the recommendations described in subsection (b)(2)(E), the Administrator shall brief the appropriate committees of Congress describing—
(1)
the implementation of each such recommendation;
(2)
how any recommended actions are assisting the Administrator in improving outreach to communities affected by aircraft noise and other community engagement concerns; and
(3)
any challenges or barriers that limit or prevent the ability of the Administrator to take such actions.
(d)
Rule of Construction.—
Nothing in this section shall be construed to require the Administrator to alter the organizational structure of the FAA nor change the reporting structure of any employee.
SEC. 794.
District of Columbia.
49 USC 47501 note.
INFORMATION SHARING REQUIREMENT.
(a)
Deadline.
Public information.
Web posting.
In General.—
Not later than 2 years after the date of enactment of this Act, the Secretary, acting through the Administrator, shall establish a mechanism to make helicopter noise complaint data accessible to the FAA, to helicopter operators operating in the Washington, DC area, and to the public on a website of the FAA, based on the recommendation of the Government Accountability Office in the report titled “Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns”, published on January 7, 2021 (GAO–21–200).
(b)
Cooperation.—
Any helicopter operator operating in the Washington, DC area shall, to the extent practicable, provide helicopter noise complaint data to the FAA through the mechanism established under subsection (a).
(c)
Definitions.—
In this section:
(1)
Helicopter noise complaint data.—
The term “
helicopter noise complaint data
”—(A)
means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include—
(i)
the location and description of the event that is the subject of the complaint;
(ii)
the start and end time of such event;
(iii)
a description of the aircraft that is the subject of the complaint; and
(iv)
the airport name associated with such event; and
(B)
does not include the personally identifiable information of the individual who submitted the complaint.
(2)
Washington, dc area.—
The term “
Washington, DC area
” means the area inside of a 30-mile radius surrounding Ronald Reagan Washington National Airport.SEC. 795.
MECHANISMS TO REDUCE HELICOPTER NOISE.
(a)
Deadline.
Study.
Examination.
In General.—
Not later than 3 years after the date of enactment of this Act, the Comptroller General shall initiate a 138 STAT. 1320
study to examine ways in which a State, territorial, or local government may mitigate the negative impacts of commercial helicopter noise.
(b)
Considerations.—
In conducting the study under subsection (a), the Comptroller General shall consider—
(1)
the varying degree of commercial helicopter operations in different communities; and
(2)
actions that State and local governments have taken, and authorities such governments have used, to reduce the impact of commercial helicopter noise and the success of such actions.
(c)
Report.—
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall provide to the appropriate committees of Congress a report on the findings of the study conducted under subsection (a).
TITLE VIII—
GENERAL AVIATION
SEC. 801.
REEXAMINATION OF PILOTS OR CERTIFICATE HOLDERS.
The Pilot’s Bill of Rights (Public Law 112–153).
126 Stat. 1164.
is amended
by adding
at the end the following:“SEC. 5.
49 USC 44703 note.
REEXAMINATION OF AN AIRMAN CERTIFICATE.
“(a)
Notification.
In General.—
The Administrator shall provide timely, written notification to an individual subject to a reexamination of an airman certificate issued under chapter 447 of title 49, United States Code.
“(b)
Deadlines.
Information Required.—
In providing notification under subsection (a), the Administrator shall inform the individual—
“(1)
of the nature of the reexamination and the specific activity on which the reexamination is necessitated;
“(2)
that the reexamination shall occur within 1 year from the date of the notice provided by the Administrator, however, if the reexamination is not conducted within 30 days, the Administrator may restrict passenger carrying operations;
“(3)
that if such reexamination is not conducted after 1 year from date of notice, the airman certificate of the individual may be suspended or revoked; and
“(4)
Determination.
when, as determined by the Administrator, an oral or written response to the notification from the Administrator is not required.
“(c)
Exception.—
Nothing in this section prohibits the Administrator from reexamining a certificate holder if the Administrator has reasonable grounds—
“(1)
to establish that an airman may not be qualified to exercise the privileges of a certificate or rating based upon an act or omission committed by the airman while exercising such privileges or performing ancillary duties associated with the exercise of such privileges; or
“(2)
to demonstrate that the airman obtained such a certificate or rating through fraudulent means or through an examination that was inadequate to establish the qualifications of an airman.
“(d)
Standard of Review.—
An order issued by the Administrator to amend, modify, suspend, or revoke an airman certificate 138 STAT. 1321
after reexamination of the airman is subject to the standard of review provided for under section 2 of this Act.”
SEC. 802.
GAO REVIEW OF PILOT’S BILL OF RIGHTS.
(a)
Deadline.
Study.
In General.—
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a study of the implementation of the Pilot’s Bill of Rights.
(b)
Contents.—
In conducting the study under subsection (a), the Comptroller General shall review—
(1)
the implementation and application of the Pilot’s Bill of Rights;
(2)
the application of the Federal Rules of Civil Procedure and the Federal Rules of Evidence to covered proceedings by the National Transportation Safety Board, as required by section 2 of the Pilot’s Bill of Rights;
(3)
the appeal process and the typical length of time associated with a final determination in a covered proceeding; and
(4)
any impacts of the implementation of the Pilot’s Bill of Rights.
(c)
Definitions.—
In this section:
(1)
Covered proceeding.—
The term “
covered proceeding
” means a proceeding conducted under subpart C, D, or F of part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an airman certificate.(2)
Pilot’s bill of rights.—
The term “
Pilot’s Bill of Rights
” means the Pilot’s Bill of Rights (Public Law 112–153).SEC. 803.
DATA PRIVACY.
(a)
In General.—
Chapter 441 of title 49, United States Code, .
is amended
by adding
at the end the following:Ҥ 44114.
49 USC 44114.
Privacy
“(a)
Update.
Process.
In General.—
Notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator of the Federal Aviation Administration shall establish and update as necessary a process by which, upon request of a private aircraft owner or operator, the Administrator withholds the registration number and other similar identifiable data or information, except for physical markings required by law, of the aircraft of the owner or operator from any broad dissemination or display (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including for traffic management purposes) for the noncommercial flights of the owner or operator.
“(b)
Withholding Personally Identifiable Information on the Aircraft Registry.—
Deadline.
Procedure.
Not later than 2 years after the enactment of this Act and notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator shall establish a procedure by which, upon request of a private aircraft owner or operator, the Administrator shall withhold from broad dissemination or display by the FAA (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including for traffic management purposes) the personally identifiable information of such individual, including on a publicly available website of the FAA.138 STAT. 1322“(c)
ICAO Aircraft Identification Code.—
“(1)
In general.—
The Administrator shall establish a program for aircraft owners and operators to apply for a new ICAO aircraft identification code.
“(2)
Requirement.
Limitations.—
In carrying out the program described in paragraph (1), the Administrator shall require—
“(A)
Attestation.
each applicant to attest to a safety or security need in applying for a new ICAO aircraft identification code; and
“(B)
Compliance.
Updates.
each approved applicant who obtains a new ICAO aircraft identification code to comply with all applicable aspects of, or related to, part 45 of title 14, Code of Federal Regulations, including updating an aircraft’s registration number and N–Number to reflect such aircraft’s new ICAO aircraft identification code.
“(d)
Definitions.—
In this section:
“(1)
ADS–B.—
The term ‘
ADS–B
’ means automatic dependent surveillance-broadcast.“(2)
ICAO.—
The term ‘
ICAO
’ means the International Civil Aviation Organization.“(3)
Personally identifiable information.—
The term ‘
personally identifiable information
’ means—“(A)
the mailing address or registration address of an individual;
“(B)
an electronic address (including an email address) of an individual; or
“(C)
the telephone number of an individual.
“(D)
the names of the aircraft owner or operator, if the owner or operator is an individual.”
(b)
Clerical Amendment.—
The analysis for chapter 441 of title 49, United States Code,
49 USC
prec. 44101.
is amended
by adding
at the end the following:“44114.
Privacy.”.
(c)
Repeals.
Conforming Amendment.—
Section 566 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44103 note) and the item relating to such section in the table of contents under section 1(b) of such Act are
repealed
.SEC. 804.
Deadlines.
ACCOUNTABILITY FOR AIRCRAFT REGISTRATION NUMBERS.
(a)
Review.
Process.
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall initiate a review of the process for reserving aircraft registration numbers to ensure that such process offers an equal opportunity for members of the general public to obtain specific aircraft registration numbers.
(b)
Assessment.—
In conducting the review under subsection (a), the Administrator shall assess the following:
(1)
Whether the use of readily available software to prevent computer or web-based auto-fill systems from reserving aircraft registration numbers in bulk would improve participation in the reservation process by the general public.
(2)
Whether a limit should be imposed on the number of consecutive years a person may reserve an aircraft registration number.
(c)
Recommenda-
tions.
Briefing.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the review conducted under subsection (a), including any recommendations of the Administrator to improve 138 STAT. 1323
equal participation in the process for reserving aircraft registration numbers by the general public.
SEC. 805.
Determinations.
49 USC 44703 note.
TIMELY RESOLUTION OF INVESTIGATIONS.
(a)
Deadline.
In General.—
Not later than 2 years after the date of issuance of a letter of investigation to any person, as required by section 2(b) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note), the Administrator shall—
(1)
make a determination regarding such investigation and pursue subsequent action; or
(2)
close such investigation.
(b)
Approvals.
Extension.—
(1)
In general.—
If, upon review of the facts and status of an investigation described in subsection (a), the Administrator determines that the time provided to make a final determination or close such investigation is insufficient, the Administrator shall approve an extension of such investigation for 2 years.
(2)
Additional extensions.—
The Administrator may approve consecutive extensions under paragraph (1).
(c)
Delegation.—
The Administrator may not delegate the authority to approve an extension described in subsection (b) to anyone other than the leadership of the Administration as described in section 106(b) of title 49, United States Code.
SEC. 806.
49 USC 44703 note.
ALL MAKES AND MODELS AUTHORIZATION.
(a)
In General.—
(1)
Deadline.
Unlimited letter of authorization.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall take such action as may be necessary to allow for the issuance of letters of authorizations to airmen with the authorization for—
(A)
all types and makes of experimental high–performance single engine piston powered aircraft; and
(B)
all types and makes of experimental high–performance multiengine piston powered aircraft.
(2)
Requirements.—
An individual who holds a letter of authorization and applies for an authorization described in paragraph (1)(A) or (1)(B)—
(A)
shall be given an all-makes and models authorization of—
(i)
experimental single–engine piston powered authorized aircraft; or
(ii)
experimental multiengine piston powered authorized aircraft;
(B)
shall hold the appropriate category and class rating for the authorized aircraft;
(C)
shall hold 3 experimental aircraft authorizations in aircraft of the same category and class rating for the authorization sought; and
(D)
may become qualified in additional experimental aircraft by completing aircraft-specific ground and flight training.
(b)
Rule of Construction.—
Nothing in this section may be construed to disallow an individual from being given both an authorization described in paragraph (1)(A) and an authorization described in paragraph (1)(B).
(c)
Failure to Comply.—
138 STAT. 1324(1)
Briefing.
Time period.
In general.—
If the Administrator fails to implement subsection (a) within the time period prescribed in such subsection, the Administrator shall brief the appropriate committees of Congress on the status of the implementation of such subsection on a monthly basis until the implementation is complete.
(2)
No delegation.—
The Administrator may not delegate the briefing described in paragraph (1).
SEC. 807.
RESPONSE TO LETTER OF INVESTIGATION.
Section 2(b) of the Pilot’s Bill of Rights (49 U.S.C. 44703 note) .
is amended
by adding
at the end the following:“(6)
Response to letter of investigation.—
“(A)
Deadline.
In general.—
If an individual decides to respond to a Letter of Investigation described in paragraph (2)(B), such individual may respond not later than 30 days after receipt of such Letter, including providing written comments on the incident to the investigating office.
“(B)
Construction.—
Nothing in this paragraph shall be construed to diminish the authority of the Administrator (as of the day before the date of enactment of the FAA Reauthorization Act of 2024) to take emergency action relating to an airman certificate.”
SEC. 808.
Deadlines.
ADS–B OUT EQUIPAGE STUDY; VEHICLE-TO-VEHICLE LINK PROGRAM.
(a)
Study and Briefing on ADS–B Out Equipage.—
(1)
Determination.
Study.—
Not later than 90 days after the date of enactment of this Act, the Administrator shall initiate a study to determine—
(A)
the number of aircraft registered in the United States, and any other aerial vehicles operating in the airspace of the United States, that are not equipped with Automatic Dependent Surveillance–Broadcast out equipment (in this section referred to as “ADS–B out”);
(B)
Requirements.
the requirements for, and impact of, expanding the dual-link architecture that is used below an altitude of flight level 180;
(C)
Costs.
the costs and benefits of equipage of ADS–B out;
(D)
Costs.
the costs and benefits of any accommodation made for aircraft with inoperable ADS–B out;
(E)
reasons why aircraft owners choose not to equip or use an aircraft with ADS–B out; and
(F)
ways to further incentivize aircraft owners to equip and use aircraft with ADS–B out.
(2)
Briefing.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1).
(b)
49 USC 40101 note.
Vehicle-to-vehicle Link Program.—
Not later than 270 days after the date of enactment of this Act, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance vehicle-to-vehicle link initiatives that—
(1)
enable the real-time digital exchange of key information between nearby aircraft; and138 STAT. 1325
(2)
are not reliant on ground infrastructure or air-to-ground communication links.
SEC. 809.
49 USC 44701 note.
ENSURING SAFE LANDINGS DURING OFF-AIRPORT OPERATIONS.
The Administrator shall not apply section 91.119 of title 14, Code of Federal Regulations, in any manner that requires a pilot to continue a landing that is unsafe.
SEC. 810.
DEVELOPMENT OF LOW-COST VOLUNTARY ADS–B.
(a)
Reports.
In General.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall prepare a report on the development of a suitable position reporting system for voluntary use in covered airspace to facilitate traffic awareness.
(b)
Technical Advice.—
In preparing the report under subsection (a), the Administrator shall solicit technical advice from representatives from—
(1)
industry groups, including pilots, aircraft owners, avionics manufacturers; and
(2)
any others determined necessary by the Administrator.
(c)
Requirements.—
In preparing the report under subsection (a), the Administrator shall—
(1)
research and catalog domestic and international equipment, standards, and systems analogous to ADS–B available as of the date on which the report is completed;
(2)
address strengths and weaknesses of such equipment, standards, and systems, including with respect to cost;
(3)
to enable the development and voluntary use of portable, installed, low-cost position reporting systems for use in covered airspace—
(A)
Recommenda-
tions.
provide recommendations on any regulatory and procedural changes to be taken by the Administrator or other Federal entities; and
(B)
describe any equipment, standards, and systems that may need to be developed with respect to such reporting systems;
(4)
Determination.
determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables such position reporting systems in covered airspace; and
(5)
Strategy.
include a communication strategy that—
(A)
targets potential users of such position reporting systems as soon as such technology is available for commercial use; and
(B)
promotes the benefits of the voluntary use in covered airspace of position reporting systems to enhance traffic awareness.
(d)
Report to Congress.—
Not later than 30 days after the date on which the report prepared under subsection (a) is finalized, the Administrator shall submit to the appropriate committees of Congress the report prepared under subsection (a).
(e)
Definitions.—
In this section:
(1)
Covered airspace.—
The term “
covered airspace
” means airspace for which the use of ADS–B out equipment on an aircraft is not required under section 91.225 of title 14, Code of Federal Regulations,(2)
ADS–B.—
The term “
ADS–B
” means Automatic Dependent Surveillance–Broadcast.138 STAT. 1326SEC. 811.
49 USC 40103 note.
AIRSHOW SAFETY TEAM.
(a)
Deadline.
Establishment.
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator may, as determined necessary by the Administration, coordinate with the General Aviation Joint Safety Committee to establish an Airshow Safety Team focused on airshow and aerial event safety.
(b)
Objective.—
The objective of the Airshow Safety Team described in subsection (a) shall be to—
(1)
serve as a mechanism for Federal Government and industry cooperation, communication, and coordination on airshow and aerial event safety; and
(2)
reduce airshow and aerial event accidents and incidents through non-regulatory, proactive safety strategies.
(c)
Strategies.
Activities.—
In carrying out the objectives pursuant to subsection (b), the Airshow Safety Team shall, at a minimum—
(1)
Analysis.
perform an analysis of airshow and aerial event accidents and incidents in conjunction with the Safety Analysis Team;
(2)
Publication.
Updates.
Time period.
Plan.
publish and update every 2 years after initial publication an Airshow Safety Plan that incorporates consensus based and data driven mitigation measures and non-regulatory safety strategies to improve and promote safety of the public, performers, and airport personnel; and
(3)
engage the airshow and aerial event community to—
(A)
communicate non-regulatory, proactive safety strategies identified by the Airshow Safety Plan to mitigate incidents; and
(B)
discuss best practices to uphold and maintain safety at events.
(d)
Membership.—
The Administrator may request the Airshow Safety Team be comprised of at least 10 individuals, each of whom shall have knowledge or a background in the planning, execution, operation, or management of an airshow or aerial event.
(e)
Time period.
Meetings.—
The Airshow Safety Team shall meet at least twice a year at the direction of the co-chairs of the General Aviation Joint Safety Committee.
(f)
Construction.—
Nothing in this section shall be construed to require an amendment to the charter of the General Aviation Joint Safety Committee.
SEC. 812.
Records.
AIRCRAFT REGISTRATION VALIDITY DURING RENEWAL.
(a)
In General.—
Section 44103 of title 49, United States Code, .
is amended
by adding
at the end the following:“(e)
Validity of Aircraft Registration During Renewal.—
“(1)
In general.—
An aircraft may be operated on or after the expiration date found on the certificate of registration issued for such aircraft under this section as if it were not expired if the operator of such aircraft has aboard the aircraft—
“(A)
documentation validating that—
“(i)
an aircraft registration renewal application form (AC Form 8050–1B, or a succeeding form) has been submitted to the Administrator for such aircraft but not yet approved or denied; and
“(ii)
Compliance.
such aircraft is compliant with maintenance, inspections, and any other requirements for the aircraft’s airworthiness certificate issued under section 44704(d); and138 STAT. 1327
“(B)
the most recent aircraft registration.
“(2)
Proof of pending renewal application.—
The Administrator shall provide an applicant for renewal of registration under this section with documentation described in paragraph (1)(A). Such documentation shall—
“(A)
be made electronically available to the applicant immediately upon submitting an aircraft registration renewal application to the Civil Aviation Registry for an aircraft;
“(B)
Notification.
notify the applicant of the operational allowance described in paragraph (1);
“(C)
deem an aircraft’s airworthiness certificate issued under section 44704(d) as valid provided that the applicant confirms acknowledgment of the requirements of paragraph (1)(A)(ii);
“(D)
confirm the applicant acknowledged the limitations described in paragraph (3)(A) and (3)(B); and
“(E)
include identifying information pertaining to such aircraft and to the registered owner.
“(3)
Rule of construction.—
Nothing in this subsection shall be construed to permit any person to operate an aircraft—
“(A)
with an expired registration, except as specifically provided for under this subsection; or
“(B)
if the Administrator has denied an application to renew the registration of such aircraft.”
(b)
Deadline.
Update.
49 USC 44103 note.
Rulemaking; Guidance.—
Not later than 36 months after the date of enactment of this Act, the Administrator shall issue a final rule, if necessary, and update all applicable guidance and policies to reflect the amendment made by this section.
SEC. 813.
TEMPORARY AIRMAN CERTIFICATES.
Section 44703 of title 49, United States Code, .
is amended
by adding
at the end the following:“(l)
Temporary Airman Certificate.—
An individual may obtain a temporary airman certificate from the Administrator after requesting a permanent replacement airman certificate issued under this section. A temporary airman certificate shall be—
“(1)
made available—
“(A)
electronically to the individual immediately upon submitting an online application for a replacement certificate to the Administrator; or
“(B)
physically to the individual at a flight standards district office—
“(i)
if the individual submits an online application for a replacement certificate; or
“(ii)
if the individual applies for a permanent replacement certificate other than by online application and such application has been received by the Federal Aviation Administration; and
“(2)
destroyed upon receipt of the permanent replacement airman certificate from the Administrator.”
SEC. 814.
49 USC 44701 note.
LETTER OF DEVIATION AUTHORITY.
(a)
In General.—
A flight instructor, registered owner, lessor, or lessee of a covered aircraft shall not be required to obtain a letter of deviation authority from the Administrator to allow, conduct, or receive flight training, checking, and testing in such aircraft if—138 STAT. 1328
(1)
the flight instructor is not providing both the training and the aircraft;
(2)
no person advertises or broadly offers the aircraft as available for flight training, checking, or testing; and
(3)
no person receives compensation for use of the aircraft for a specific flight during which flight training, checking, or testing was received, other than expenses for owning, operating, and maintaining the aircraft.
(b)
Covered Aircraft Defined.—
In this section, the term “
covered aircraft
” means—(1)
an experimental category aircraft;
(2)
a limited category aircraft; and
(3)
a primary category aircraft.
SEC. 815.
49 USC 44703 note.
BASICMED FOR EXAMINERS ADMINISTERING TESTS OR PROFICIENCY CHECKS.
(a)
Equivalent Pilot-in-command Medical Requirements.—
Notwithstanding section 61.23(a)(3)(iv) of title 14, Code of Federal Regulations, an examiner may administer a practical test or proficiency check if such examiner meets the medical qualification requirements under part 68 of title 14, Code of Federal Regulations, if the operation being conducted is in a covered aircraft, as such term is defined in section 2307(j) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44703 note).
(b)
Deadline.
Rulemaking.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall issue a final rule to update part 61 of title 14, Code of Federal Regulations, to implement the requirements under subsection (a), in addition to any related requirements the Administrator finds are in the interest of aviation safety.
SEC. 816.
Deadline.
Public information.
Website.
49 USC 44703 note.
DESIGNEE LOCATOR TOOL IMPROVEMENTS.
Not later than 3 years after the date of enactment of this Act, the Administrator shall ensure that the designee locator search function of the public website of the Designee Management System of the Administration has the functionality to—
(1)
filter a search for an Aviation Medical Examiner (as described in section 183.21 of title 14, Code of Federal Regulations) by sex, if such information is available;
(2)
display credentials and aircraft qualifications of a designated pilot examiner (as described in section 183.23 of such title); and
(3)
display the scheduling availability of a designated pilot examiner (as described in section 183.23 of such title) to administer a test or proficiency check to an airman.
SEC. 817.
49 USC 44103 note.
DEADLINE TO ELIMINATE AIRCRAFT REGISTRATION BACKLOG.
Not later than 180 days after the date of enactment of this Act, the Administrator shall take such actions as may be necessary to reduce and maintain the aircraft registration and recordation backlog at the Civil Aviation Registry so that, on average, applications are processed not later than 10 business days after receipt.
SEC. 818.
Time periods.
49 USC 41108 note.
PART 135 AIR CARRIER CERTIFICATE BACKLOG.
(a)
Deadlines.
In General.—
The Administrator shall take such actions as may be necessary to achieve the goal of reducing the backlog 138 STAT. 1329
of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, to—
(1)
not later than 1 year after the date of enactment of this Act, maintain an average application acceptance or rejection time of less than 60 days; and
(2)
not later than 2 years after the date of enactment of this Act, maintain an average application acceptance or rejection time of less than 30 days.
(b)
Measures.—
In meeting the goal under subsection (a), the Administrator may—
(1)
assign, as appropriate, additional personnel or support staff, including on a temporary basis, to review, adjudicate, and approve applications;
(2)
improve and expand promotion of existing applicant resources which could improve the quality of applications submitted to decrease the need for Administration applicant coordination and communications; and
(3)
take into consideration any third-party entity that assisted in the preparation of an application for an air carrier certificate under part 135 of title 14, Code of Federal Regulations.
(c)
Effective date.
Compliance.
Congressional Briefing.—
Beginning 6 months after the date of enactment of this Act, and not less than every 6 months thereafter until the Administrator complies with the requirements under subsection (a)(2), the Administrator shall provide a briefing to appropriate committees of Congress on the status of the backlog of air carrier certificate applications under part 135 of title 14, Code of Federal Regulations, any measures the Administrator has put in place under subsection (b).
SEC. 819.
Recommenda-
tions.
ENHANCING PROCESSES FOR AUTHORIZING AIRCRAFT FOR SERVICE IN COMMUTER AND ON-DEMAND OPERATIONS.
(a)
Establishment of Working Group.—
(1)
Deadline.
In general.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a part 135 aircraft conformity working group (in this section referred to as the “Working Group”).
(2)
Study.
Requirements.—
The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes in a timely manner for existing operators and air carriers operating aircraft under part 135 and entering such aircraft into service.
(b)
Membership.—
The Working Group shall be comprised of representatives of the FAA, existing operators and air carriers operating aircraft under part 135, associations or trade groups representing such operators or air carriers, and, as appropriate, labor groups representing employees of air carriers operating under part 135.
(c)
Duties.—
The Working Group shall consider all aspects of the FAA processes as of the date of enactment of this Act for ensuring aircraft conformity and make recommendations to enhance such processes, including with respect to—
(1)
methodologies for air carriers and operators to document and attest to aircraft conformity in accordance with the requirements of part 135;138 STAT. 1330
(2)
streamlined protocols for operators and air carriers operating aircraft under part 135 to add an aircraft that was listed on another part 135 certificate immediately prior to moving to a new air carrier or operator; and
(3)
changes to FAA policy and documentation necessary to implement the recommendations of the Working Group.
(d)
Deadline.
Congressional Briefing.—
Not later than 1 year after the date on which the Administrator establishes the Working Group, the Administrator shall brief the appropriate committees of Congress on the progress made by the Working Group in carrying out the duties specified in subsection (c), recommendations of the Working Group, and the efforts of the Administrator to implement such recommendations.
(e)
Definition of Part 135.—
In this section, the term “
part 135
” means part 135 of title 14, Code of Federal Regulations.SEC. 820.
Deadline.
Regulations.
Update.
49 USC 44939 note.
FLIGHT INSTRUCTOR CERTIFICATES.
Not later than 18 months after the date of enactment of this Act, the Administrator shall issue a final rule for the rulemaking activity titled “Removal of the Expiration Date on a Flight Instructor Certificate”, published in Fall 2022 in the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL25) to, at a minimum, update part 61 of title 14, Code of Federal Regulations, to—
(1)
remove the expiration date on a flight instructor certificate; and
(2)
replace the requirement that a flight instructor renews their flight instructor certificate with appropriate recent experience requirements for the holder of a flight instructor certificate to exercise the privileges of such certificate.
SEC. 821.
49 USC 44701 note.
CONSISTENCY OF POLICY APPLICATION IN FLIGHT STANDARDS AND AIRCRAFT CERTIFICATION.
(a)
Audits.
In General.—
The inspector general of the Department of Transportation shall initiate audits, as described in subsection (d), of the Flight Standards and Aircraft Certification Services of the FAA, and the personnel of such offices, on the consistency of—
(1)
the interpretation of policies, orders, guidance, and regulations; and
(2)
the application of policies, orders, guidance, and regulations.
(b)
Interviews.
Components.—
In completing the audits required under this section, the inspector general shall interview stakeholders, including at a minimum, individuals or entities that—
(1)
hold a certificate or authorization related to the issue being audited under subsection (d);
(2)
are from different regions of the country with matters before different flight standards district offices or before different FAA Flight Standards Service and Aircraft Certification Service offices;
(3)
work with multiple flight standards district offices or aircraft certification offices of the Administration; or
(4)
hold a single or multiple relevant certificates or authorizations.
(c)
Recommenda-
tions.
Reports.—
The inspector general of the Department of Transportation shall submit to the appropriate committees of Congress, the Secretary, and the Administrator a report for each audit 138 STAT. 1331
required in this section, containing the results of the audit, including findings and necessary recommendations to the Administrator to improve the consistency of decision-making by Flight Standards and Aircraft Certification Services offices of the Administration.
(d)
Audits.—
The inspector general shall complete an audit and issue the associated report required under subsection (c) not later than—
(1)
18 months after the date of enactment of this Act, with regard to supplemental type certificates;
(2)
34 months after the date of enactment of this Act, with regard to repair stations certificated under part 145 of title 14, Code of Federal Regulations; and
(3)
50 months after the date of enactment of this Act, with regard to technical standards orders.
(e)
Implementation.—
In addressing any recommendations from the inspector general contained in the reports required under subsection (c), the Administrator may—
(1)
Plan.
maintain an implementation plan; and
(2)
broadly adopt any best practices to improve the consistency of interpretation and application of policies, orders, guidance, and regulations by other offices of the Administration and with regard to other activities of the Administration.
(f)
Deadline.
Briefing.—
Not later than 6 months after receiving a report required under subsection (c), the Administrator shall brief the appropriate committees of Congress on the implementation plan required under subsection (d), the status of any recommendation received pursuant to this section, and any best practices that are being implemented more broadly.
SEC. 822.
APPLICATION OF POLICIES, ORDERS, AND GUIDANCE.
Section 44701 of title 49, United States Code, .138 STAT. 1332
is amended
by adding
at the end the following:“(h)
Policies, Orders, and Guidance.—
“(1)
Consistency of application.—
The Administrator shall ensure consistency in the application of policies, orders, and guidance of the Administration by—
“(A)
Audits.
audits of the application and interpretation of such material by Administration personnel from person to person and office to office;
“(B)
Updates.
updating policies, orders, and guidance to resolve inconsistencies and clarify demonstrated ambiguities, such as through repeated inconsistent interpretation; and
“(C)
ensuring officials are properly documenting findings and decisions throughout a project to decrease the occurrence of duplicative work and inconsistent findings by subsequent officials assigned to the same project.
“(2)
Consultation.
Alterations.—
The Administrator shall consult as appropriate with regulated entities who will be impacted by proposed changes to the content or application of policies, orders, and guidance before making such changes.
“(3)
Authorities and regulations.—
The Administrator shall issue policies, orders, and guidance documents that are related to a law or regulation or clarify the intent of or compliance with specific laws and regulations.”
SEC. 823.
EXPANSION OF THE REGULATORY CONSISTENCY COMMUNICATIONS BOARD.
Section 224 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note)
is amended
—(1)
in subsection (c)—
(A)
in paragraph (2) by
striking
“; and” and inserting
a semicolon;(B)
in paragraph (3) by
striking
the period and inserting
a semicolon; and(C)
by ; and
adding
at the end the following:“(4)
the Office of Airports;
“(5)
the Office of Security and Hazardous Materials Safety;
“(6)
the Office of Rulemaking and Regulatory Improvement; and
“(7)
such other offices as the Administrator determines appropriate.”
(2)
in subsection (d)(1)—
(A)
in subparagraph (A) by
striking
“anonymous regulatory interpretation questions” and inserting
“regulatory interpretation questions, including anonymously,”;(B)
in subparagraph (C) by
striking
“anonymous regulatory interpretation questions” and inserting
“regulatory interpretation questions, including anonymously”; and(C)
by .
adding
at the end the following:“(6)
Recommenda-
tions.
Submit recommendations, as needed, to the Assistant Administrator for Rulemaking and Regulatory Improvement for consideration.”
SEC. 824.
49 USC 44740 note.
MODERNIZATION OF SPECIAL AIRWORTHINESS CERTIFICATION RULEMAKING DEADLINE.
Not later than 24 months after the date of enactment of this Act, the Administrator shall issue a final rule for the rulemaking activity titled “Modernization of Special Airworthiness Certification”, published in Fall 2022 in the long-term actions of the Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 2120–AL50).
SEC. 825.
EXCLUSION OF GYROPLANES FROM FUEL SYSTEM REQUIREMENTS.
Section 44737 of title 49, United States Code,
is amended
—(1)
by
striking
“rotorcraft” and inserting
“helicopter” each place it appears;(2)
in the heading for paragraph (2) of subsection (a) by
striking
“rotorcraft” and inserting
“helicopter”; and(3)
by .
adding
at the end the following:“(d)
Exception.—
A helicopter issued an experimental certificate under section 21.191 of title 14, Code of Federal Regulations (or any successor regulations), or operating under a Special Flight Permit issued under section 21.197 of title 14, Code of Federal Regulations (or any successor regulations), is excepted from the requirements of this section.”
SEC. 826.
49 USC 44703 note.
PUBLIC AIRCRAFT FLIGHT TIME LOGGING ELIGIBILITY.
(a)
Forestry and Fire Protection Flight Time Logging.—
(1)
In general.—
Notwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged 138 STAT. 1333
on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency.
(2)
Retroactive application.—
Paragraph (1) shall be applied as if enacted on October 5, 2018.
(b)
Deadline.
Regulations.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall make such regulatory changes as are necessary to conform to the requirements of this section.
SEC. 827.
49 USC 44714 note.
EAGLE INITIATIVE.
(a)
EAGLE Initiative.—
(1)
In general.—
The Administrator shall continue to partner with industry and other Federal Government stakeholders in carrying out the Eliminate Aviation Gasoline Lead Emissions Initiative (in this section referred to as the “EAGLE Initiative”) through the end of 2030.
(2)
FAA responsibilities.—
In collaborating with industry and other Government stakeholders to carry out the EAGLE Initiative, the Administrator shall take such actions as may be necessary under the authority of the Administrator to facilitate—
(A)
the safe elimination of the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the safe and efficient operation of the piston-engine aircraft fleet;
(B)
the approval of the use of unleaded alternatives to leaded aviation gasoline for use in all piston-engine aircraft types and piston-engine models;
(C)
the implementation of the requirements of section 47107(a)(22) of title 49, United States Code, as added by this Act, as such requirements relate to the continued availability of aviation gasoline;
(D)
efforts to make unleaded aviation gasoline that is approved for use in piston-engine aircraft and engines widely available for purchase and use at airports in the National Plan of Integrated Airport Systems; and
(E)
the development of a transition plan to safely enable the transition of the piston-engine general aviation aircraft fleet to unleaded aviation gasoline by 2030, to the extent practicable.
(3)
Activities.—
In carrying out the responsibilities of the Administrator pursuant to paragraph (2), the Administrator shall, at a minimum—
(A)
maintain a fleet authorization process for the efficient approval or authorization of eligible piston-engine aircraft and engine models to operate safely using qualified unleaded aviation gasolines;
(B)
review, update, and prioritize, as soon as practicable, certification processes and projects, as necessary, for aircraft engines and modifications to such engines to operate with unleaded aviation gasoline;
(C)
seek to facilitate programs that accelerate the creation, evaluation, qualification, deployment, and use of unleaded aviation gasolines;138 STAT. 1334
(D)
carry out, in partnership with the general aviation community, an ongoing campaign for training and educating aircraft owners and operators on how to safely transition to unleaded aviation gasoline;
(E)
evaluate aircraft and aircraft engines to ensure that such aircraft and aircraft engines can safely operate with unleaded aviation gasoline candidates during cold weather conditions; and
(F)
facilitate the development of agency policies and processes, as appropriate, to support the deployment of necessary infrastructure at airports to enable the distribution and storage of unleaded aviation gasolines.
(4)
Consultation and collaboration with relevant stakeholders.—
In carrying out the EAGLE Initiative, the Administrator shall continue to consult and collaborate, as appropriate, with relevant stakeholders, including—
(A)
general aviation aircraft engine, aircraft propulsion, and aircraft airframe manufacturers;
(B)
general aviation aircraft users, aircraft owners, aircraft pilots, and aircraft operators;
(C)
airports and fixed-base operators;
(D)
State, local, and Tribal aviation officials;
(E)
representatives of the petroleum industry, including developers, refiners, producers, and distributors of unleaded aviation gasolines; and
(F)
air carriers and commercial operators operating under part 135 of title 14, Code of Federal Regulations.
(5)
Report to congress.—
(A)
Initial report.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report that—
(i)
Strategic plan.
contains an updated strategic plan for maintaining a fleet authorization process for the efficient approval and authorization of eligible piston-engine aircraft and engine models to operate using unleaded aviation gasolines in a manner that ensures safety;
(ii)
describes the structure and involvement of all FAA offices that have responsibilities described in paragraph (2); and
(iii)
identifies policy initiatives, regulatory initiatives, or legislative initiatives needed to improve and enhance the timely and safe transition to unleaded aviation gasoline for the piston-engine aircraft fleet.
(B)
Time period.
Annual briefing.—
Not later than 1 year after the date on which the Administrator submits the initial report under subparagraph (A), and annually thereafter through 2030, the Administrator shall brief the appropriate committees of Congress on activities and progress of the EAGLE Initiative.
(C)
Sunset.—
Subparagraph (B) shall cease to be effective after December 31, 2030.
(b)
Transition Plan to Unleaded Aviation Gasoline.—
(1)
Assessments.
In general.—
In developing the transition plan under subsection (a)(2)(E), the Administrator may, at a minimum, assess the following:
138 STAT. 1335
(A)
Efforts undertaken by the EAGLE Initiative, including progress towards—
(i)
safely eliminating the use of leaded aviation gasoline by piston-engine aircraft by the end of 2030 without adversely affecting the safe and efficient operation of the piston-engine aircraft fleet;
(ii)
approving the use of unleaded alternatives to leaded aviation gasoline for use in all piston-engine aircraft types and piston-engine models; and
(iii)
facilitating efforts to make approved unleaded aviation gasoline that is approved for use in piston-engine aircraft and engines widely available at airports for purchase and use in the National Plan of Integrated Airport Systems.
(B)
Evaluation.
The evaluation and development of necessary airport infrastructure, including fuel storage and dispensing facilities, to support the distribution and storage of unleaded aviation gasoline.
(C)
The establishment of best practices for piston-engine aircraft owners and operators, airport operators and personnel, aircraft maintenance technicians, and other appropriate personnel for protecting against exposure to lead containment when—
(i)
conducting fueling operations;
(ii)
disposing of inspected gasoline samples;
(iii)
performing aircraft maintenance; and
(iv)
conducting engine run-ups.
(D)
Efforts to address supply chain and other logistical barriers inhibiting the timely distribution of unleaded aviation gasoline to airports.
(E)
Outreach efforts to educate and update piston-engine aircraft owners and operators, airport operators, and other members of the general aviation community on the potential benefits, availability, and safety of unleaded aviation gasoline.
(2)
Publication; guidance.—
Upon completion of developing such transition plan, the Administrator shall—
(A)
Public information.
Web posting.
make the plan available to the public on an appropriate website of the FAA; and
(B)
provide guidance supporting the implementation of the transition plan.
(3)
Collaboration with eagle initiative.—
In supporting the development of such transition plan and issuing associated guidance pertaining to the implementation of such transition plan, the Administrator shall consult and collaborate with individuals carrying out the EAGLE Initiative.
(4)
Unleaded aviation gasoline communication materials.—
The Administrator may collaborate with individuals carrying out the EAGLE Initiative to jointly develop and continuously update websites, brochures, and other communication materials associated with such transition plan to clearly convey the availability of unleaded aviation gasoline at airports.
(5)
Deadline.
Briefing to congress.—
Not later than 60 days after the publication of such transition plan, the Administrator shall brief the appropriate committees of Congress on such transition plan and any agency efforts or actions pertaining to the implementation of such transition plan.138 STAT. 1336
(6)
Savings clause.—
Nothing in this section shall be construed to delay or alter the ongoing work of the EAGLE Initiative established by the Administrator in 2022.
SEC. 828.
EXPANSION OF BASICMED.
(a)
In General.—
Section 2307 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44703 note)
is amended
—(1)
in subsection (a)—
(A)
by ;
striking
paragraph (2) and inserting
the following:“(2)
the individual holds a medical certificate issued by the Federal Aviation Administration or has held such a certificate at any time after July 14, 2006;”
(B)
in paragraph (7) by
inserting
“calendar” before “months”; and(C)
in paragraph (8)(A) by
striking
“5” and inserting
“6”;(2)
in subsection (b)(2)(A)(i) by
inserting
“(or any successor form)” after “(3–99)”;(3)
by ; and
striking
subsection (h) and inserting
the following:“(h)
Statistics.
Report Required.—
Not later than 4 years after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator, in coordination with the National Transportation Safety Board, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.”
(4)
by .
striking
subsection (j) and inserting
the following:“(j)
Covered Aircraft Defined.—
In this section, the term ‘
covered aircraft
’ means an aircraft that—“(1)
is authorized under Federal law to carry not more than 7 occupants;
“(2)
has a maximum certificated takeoff weight of not more than 12,500 pounds; and
“(3)
is not a transport category rotorcraft certified to airworthiness standards under part 29 of title 14, Code of Federal Regulations.”
(b)
Updates.
49 USC 44703 note.
Rulemaking.—
The Administrator shall update regulations in parts 61 and 68 of title 14, Code of Federal Regulations, as necessary, to implement the amendments made by this section.
(c)
Effective date.
49 USC 44703 note.
Applicability.—
Beginning on the date that is 180 days after the date of enactment of this Act, the Administrator shall apply parts 61 and 68, Code of Federal Regulations, in a manner reflecting the amendments made by this section.
SEC. 829.
PROHIBITION ON USING ADS–B OUT DATA TO INITIATE AN INVESTIGATION.
Section 46101 of title 49, United States Code, .
is amended
by adding
at the end the following:“(c)
Prohibition on Using ADS–B Out Data to Initiate an Investigation.—
“(1)
In general.—
Notwithstanding any other provision of this section, the Administrator of the Federal Aviation Administration may not initiate an investigation (excluding a criminal investigation) of a person based exclusively on automatic dependent surveillance–broadcast data.138 STAT. 1337
“(2)
Rule of construction.—
Nothing in this subsection shall prohibit the use of automatic dependent surveillance–broadcast data in an investigation that was initiated for any reason other than the review of automatic dependent surveillance–broadcast data, including if such investigation was initiated as a result of a report or complaint submitted to the Administrator.”
SEC. 830.
49 USC 40101 note.
CHARITABLE FLIGHT FUEL REIMBURSEMENT EXEMPTIONS.
(a)
Rescissions.
In General.—
(1)
Time period.
Validity of exemption.—
Except as otherwise provided in this subsection, an exemption from section 61.113(c) of title 14, Code of Federal Regulations, that is granted by the Administrator for the purpose of allowing a volunteer pilot to accept reimbursement from a volunteer pilot organization for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note) shall be valid for 5 years.
(2)
Failing to adhere.—
If the Administrator finds an exemption holder under paragraph (1) or a volunteer pilot fails to adhere to the conditions and limitations of the exemption described under such paragraph, the Administrator may rescind or suspend the exemption.
(3)
No longer qualifying.—
If the Administrator finds that such exemption holder no longer qualifies as a volunteer pilot organization, the Administrator shall rescind such exemption.
(4)
Forgoing exemption.—
If such exemption holder informs the Administrator that such holder no longer plans to exercise the authority granted by such exemption, the Administrator may rescind such exemption.
(b)
Additional Requirements.—
(1)
In general.—
A volunteer pilot organization may impose additional safety requirements on a volunteer pilot without—
(A)
being considered—
(i)
an air carrier (as such term is defined in section 40102 of title 49, United States Code); or
(ii)
a commercial operator (as such term is defined in section 1.1 of title 14, Code of Federal Regulations); or
(B)
constituting common carriage.
(2)
Savings clause.—
Nothing in this subsection may be construed to limit or otherwise affect the authority of the Administrator to regulate, as appropriate, a flight operation associated with a volunteer pilot organization that constitutes a commercial operation or common carriage.
(c)
Reissuance of Existing Exemptions.—
In reissuing an expiring exemption described in subsection (a) that was originally issued prior to the date of enactment of this Act, the Administrator shall ensure that the reissued exemption—
(1)
accounts for the provisions of this section and section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
(2)
is otherwise substantially similar to the previously issued exemption.138 STAT. 1338
(d)
Statutory Construction.—
Nothing in this section shall be construed to—
(1)
affect the authority of the Administrator to exempt a pilot (exercising the private pilot privileges) from any restriction on receiving reimbursement for the fuel costs and airport fees attributed to a flight operation to provide charitable transportation; or
(2)
impose or authorize the imposition of any additional requirements by the Administrator on a flight that is arranged by a volunteer pilot organization in which the volunteer pilot—
(A)
is not reimbursed the fuel costs and airport fees attributed to a flight operation to provide charitable flights; or
(B)
pays a pro rata share of expenses as described in section 61.113(c) of title 14, Code of Federal Regulations.
(e)
Definitions.—
In this section:
(1)
Volunteer pilot.—
The term “
volunteer pilot
” means a person who—(A)
acts as a pilot in command of a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note); and
(B)
holds a private pilot certificate, commercial pilot certificate, or an airline transportation pilot certificate issued under part 61 of title 14, Code of Federal Regulations.
(2)
Volunteer pilot organization.—
The term “
volunteer pilot organization
” has the meaning given such term in section 821(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).SEC. 831.
GAO REPORT ON CHARITABLE FLIGHTS.
(a)
Reviews.
Report.—
Not later than 4 years after the date of enactment of this Act, the Comptroller General shall initiate a review of the following:
(1)
Applicable laws, regulations, policies, legal opinions, and guidance pertaining to charitable flights and the operations of such flights, including reimbursement of fuel costs.
(2)
Assessments.
Petitions for exemption from the requirements of section 61.113(c) of title 14, Code of Federal Regulations, for the purpose of allowing a pilot to accept reimbursement for the fuel costs associated with a flight operation to provide charitable transportation pursuant to section 821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), including assessment of—
(A)
Compliance.
the conditions and limitations a petitioner shall comply with if the exemption is granted and whether such conditions and limitations are—
(i)
applied to petitioners in a consistent manner; and
(ii)
commensurate with the types of flight operations exemption holders propose to conduct under any such exemptions;
(B)
denied petitions for such an exemption and the reasons for the denial of such petitions; and
(C)
the processing time of a petition for such an exemption.138 STAT. 1339
(3)
Analysis.
Charitable flights conducted without an exemption from section 61.113(c) of title 14, Code of Federal Regulations, including an analysis of the certificates, qualifications, and aeronautical experience of the operators of such flights.
(b)
Consultation.—
In carrying out the review initiated under subsection (a), the Comptroller General shall consult with charitable organizations, including volunteer pilot organizations, aircraft owners, and pilots who volunteer to provide transportation for or on behalf of a charitable organization, flight safety experts, and employees of the FAA.
(c)
Recommendations.—
As part of the review initiated under subsection (a), the Comptroller General shall make recommendations, as determined appropriate, to the Administrator to improve the rules, policies, and guidance pertaining to charitable flight operations.
(d)
Report.—
Upon completion of the review initiated under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report describing the findings of such review and recommendations developed under subsection (c).
SEC. 832.
49 USC 44740 note.
FLIGHT INSTRUCTION OR TESTING.
(a)
Authorized Additional Pilots.—
An individual acting as an authorized additional pilot during Phase I flight testing of aircraft holding an experimental airworthiness certificate, in accordance with section 21.191 of title 14, Code of Federal Regulations, and meeting the requirements set forth in FAA regulations and policy in effect as of the date of enactment of this Act, shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.
(b)
Use of Aircraft.—
An individual who uses, causes to use, or authorizes to use aircraft for flights conducted under subsection (a) shall not be deemed to be operating an aircraft carrying persons or property for compensation or hire.
(c)
Revision of Rules.—
The Administrator shall, as necessary, issue, revise, or repeal the rules, regulations, guidance, or procedures of the FAA to conform to the requirements of this section.
SEC. 833.
49 USC 44703 note.
NATIONAL COORDINATION AND OVERSIGHT OF DESIGNATED PILOT EXAMINERS.
(a)
Establishment.
In General.—
The Administrator shall establish an office to provide oversight and facilitate national coordination of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.
(b)
Responsibilities.—
The office described in subsection (a) shall be responsible for the following:
(1)
Oversight of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.
(2)
Coordinating with other offices, as appropriate, to support the standardization of policy, guidance, and regulations across the FAA pertaining to the selection, training, duties, and deployment of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations, including evaluating the consistency by which such examiners apply Administration policies, orders, and guidance.
(3)
Evaluating the consistency by which such examiners apply FAA policies, orders, and guidance.138 STAT. 1340
(4)
Coordinating placement and deployment of such examiners across regions based on demand for examinations from the pilot community.
(5)
Developing a code of conduct for such examiners.
(6)
Deploying a survey system to track the performance and merit of such examiners.
(7)
Facilitating an industry partnership to create a formal mentorship program for such examiners.
(c)
Coordination.—
In carrying out the responsibilities listed in subsection (b), the Administrator shall ensure the office—
(1)
coordinates on an ongoing basis with flight standards district offices, designated pilot examiner managing specialists, and aviation industry stakeholders, including representatives of the general aviation community; and
(2)
considers whether to implement the final recommendations report issued by the Designated Pilot Examiner Reforms Working Group and accepted by the Aviation Rulemaking Advisory Committee on June 17, 2021.
(d)
Report.—
(1)
Time period.
Evaluation.
In general.—
Not later than 180 days after the date of enactment of this Act, and biennially thereafter through fiscal year 2028, the Administrator shall submit to the appropriate committees of Congress a report that evaluates the use of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations (or any successor regulation), for testing, including both written and practical tests.
(2)
Analyses.
Contents.—
The report under paragraph (1) shall include an analysis of—
(A)
the methodology and rationale by which designated pilot examiners are deployed;
(B)
with respect to the previous fiscal year, the average time an individual in each region must wait to schedule an appointment with a designated pilot examiner;
(C)
with respect to the previous fiscal year, the estimated total time individuals in each region were forced to wait to schedule an appointment with a designated pilot examiner;
(D)
the primary reasons and best ways to reduce wait times described in subparagraph (C);
(E)
the number of tests conducted by designated pilot examiners;
(F)
the number and percentage of available designated pilot examiners that perform such tests; and
(G)
the average rate of retests, including of both written and practical tests.
SEC. 834.
49 USC 44701 note.
PART 135 PILOT SUPPLEMENTAL OXYGEN REQUIREMENT.
(a)
Deadline.
Notice.
Regulations.
Applicability.
In General.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall issue a notice of proposed rulemaking concerning whether to revise the requirements under paragraphs (3) and (4) of section 135.89(b) of title 14, Code of Federal Regulations, to apply only to aircraft operating at altitudes above flight level 410.
(b)
Data.
Investigations.
Recommenda-
tions.
Considerations.—
In issuing the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, 138 STAT. 1341
as well as the investigations and recommendations of the National Transportation Safety Board.
TITLE IX—
NEW ENTRANTS AND AEROSPACE INNOVATION
Subtitle A—
Unmanned Aircraft Systems
SEC. 901.
49 USC 44502 note.
DEFINITIONS.
Except as otherwise provided, the definitions contained in section 44801 of title 49, United States Code, apply to this subtitle.
SEC. 902.
UNMANNED AIRCRAFT IN THE ARCTIC.
(a)
In General.—
Section 44804 of title 49, United States Code,
is amended
—(1)
in the section heading by
striking
“small unmanned” and inserting
“unmanned”; and(2)
by
striking
“small” each place it appears.(b)
Conforming Amendment.—
The analysis for chapter 448 of such title is
49 USC
prec. 44801.
amended bystriking
the item relating to section 44804 and inserting
the following:“44804.
Unmanned aircraft in the Arctic.”.
SEC. 903.
SMALL UAS SAFETY STANDARDS TECHNICAL CORRECTIONS.
Section 44805 of title 49, United States Code,
is amended
—(1)
in the section heading by
striking
“small unmanned” and inserting
“small unmanned”;(2)
in subsection (a)(2) by
striking
“operation of small” and inserting
“operation of a small”;(3)
in subsection (f) by
striking
“subsection (h)” and inserting
“subsection (f)”;(4)
in subsection (g)(3) by
striking
“subsection (h)” and inserting
“subsection (f)”;(5)
in subsection (i)(1) by
striking
“subsection (h)” and inserting
“subsection (f)”; and(6)
by
redesignating
subsection (e) through (j) as subsections (c) through (h), respectively.SEC. 904.
AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND ENFORCEMENT.
Section 44810 of title 49, United States Code,
is amended
—(1)
in subsection (c) by
inserting
“, and any other location the Administrator determines appropriate” after “Data”; and(2)
in subsection (h) by
striking
“May 10, 2024” and inserting
“September 30, 2028”.SEC. 905.
49 USC 44505 note.
RADAR DATA PILOT PROGRAM.
(a)
Deadline.
Determination.
Sensitive Radar Data Feed Pilot Program.—
Not later than 270 days after the date of enactment of this Act, the Administrator, in coordination with the Secretary of Defense, and other heads of relevant Federal agencies, shall establish a pilot program to make airspace data feeds containing controlled unclassified information available to qualified users (as determined by the Administrator), consistent with subsection (b).
(b)
Process.
Authorization.—
In carrying out subsection (a), the Administrator, in coordination with the Secretary of Defense and 138 STAT. 1342
other heads of relevant Federal agencies, shall establish a process to authorize qualified users to receive airspace data feeds containing controlled unclassified information related to air traffic within the national airspace system and use such information in an agreed upon manner to—
(1)
provide and enable—
(A)
air traffic management services; and
(B)
unmanned aircraft system traffic management services; or
(2)
to test technologies that may enable or enhance the provision of the services described in paragraph (1).
(c)
Consultation.—
In establishing the process described in subsection (b), the Administrator shall consult with representatives of the unmanned aircraft systems industry and related technical groups to identify an efficient, secure, and effective format and method for providing data described in this section.
(d)
Deadline.
Time period.
Briefing.—
Not later than 90 days after establishing the pilot program under subsection (a), and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the findings of the pilot program established under this section.
(e)
Sunset.—
This section shall cease to be effective on October 1, 2028.
SEC. 906.
ELECTRONIC CONSPICUITY STUDY.
(a)
In General.—
The Comptroller General shall conduct a study of technologies and methods that may be used by operators of unmanned aircraft systems to detect and avoid manned aircraft that may lawfully operate below 500 feet above ground level and that are—
(1)
not equipped with a transponder or automatic dependent surveillance-broadcast out equipment; or
(2)
otherwise not electronically conspicuous.
(b)
Consultation.—
In conducting the study required under subsection (a), the Comptroller General shall consult with—
(1)
representatives of—
(A)
unmanned aircraft systems manufacturers and operators;
(B)
general aviation operators;
(C)
agricultural aircraft operators;
(D)
helicopter operators; and
(E)
State and local governments; and
(2)
any other stakeholder the Comptroller General determines appropriate.
(c)
Report.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report describing the results of such study.
SEC. 907.
REMOTE IDENTIFICATION ALTERNATIVE MEANS OF COMPLIANCE.
(a)
Review.
Determination.
Evaluation.—
The Administrator shall review and evaluate the final rule of the FAA titled “Remote Identification of Unmanned Aircraft”, issued on January 15, 2021 (86 Fed. Reg. 4390), to determine whether unmanned aircraft manufacturers and operators can meet the intent of such final rule through alternative means of compliance, including through network–based remote identification.138 STAT. 1343
(b)
Report.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the evaluation under subsection (a).
SEC. 908.
Certificates.
49 USC 44802 note.
PART 107 WAIVER IMPROVEMENTS.
(a)
In General.—
The Administrator shall adopt a performance- and risk-based approach in reviewing requests for certificates of waiver under section 107.200 of title 14, Code of Federal Regulations.
(b)
Standardization of Waiver Application.—
(1)
In general.—
In carrying out subsection (a), the Administrator shall improve the process to submit requests for certificates of waiver described in subsection (a).
(2)
Format.—
In carrying out paragraph (1), the Administrator may not require the use of open-ended descriptive prompts that are required to be filled out by an applicant, except to provide applicants the ability to provide the FAA with information for an unusual or irregular operation.
(3)
Data.—
(A)
In general.—
In carrying out paragraph (1), the Administrator shall leverage data gathered from previous requests for certificates of waivers.
(B)
Considerations.—
In carrying out subparagraph (A), the Administrator shall safely use—
(i)
big data analytics; and
(ii)
machine learning.
(c)
Consideration of Property Access.—
(1)
Determination.
In general.—
In determining whether to issue a certificate of waiver under section 107.200 of title 14, Code of Federal Regulations, the Administrator shall—
(A)
consider whether the waiver applicant has control over access to all real property on the ground within the area of operation; and
(B)
recognize and account for the safety enhancements of such controlled access.
(2)
Rule of construction.—
Nothing in this subsection shall be construed to influence the extent to which the Administrator considers a lack of control over access to all real property on the ground within an area of operation as affecting the safety of an operation intended to be conducted under such certificate of waiver.
(d)
Public Availability of Waivers.—
(1)
Web posting.
In general.—
The Administrator shall publish all certificates of waiver issued under section 107.200 of title 14, Code of Federal Regulations, on the website of the FAA, including, with respect to each issued certificate of waiver—
(A)
the terms, conditions, and limitations; and
(B)
the class of airspace and any restrictions related to operating near airports or heliports.
(2)
Confidentiality.
Publication.—
In carrying out paragraph (1), the Administrator shall ensure that published information is made available in a manner that prevents inappropriate disclosure of proprietary information.
(e)
Precedential Use of Previously Approved Waivers.—
(1)
Determination.
Criteria.
Waiver approval precedent.—
If the Administrator determines, using criteria for a particular waiver, that an 138 STAT. 1344
application for a certificate of waiver issued under section 107.200 of title 14, Code of Federal Regulations, is substantially similar (or is comprised of elements that are substantially similar) to an application for a certificate of waiver that the Administrator has previously approved, the Administrator may streamline, as appropriate, the approval of applications for such a particular waiver.
(2)
Rule of construction.—
Nothing in paragraph (1) shall be construed to preclude an applicant for a certificate of waiver from applying to modify a condition or remove a limitation of such certificate.
(f)
Modification of Waivers.—
(1)
Review process.
In general.—
The Administrator shall establish an expedited review process for a request to modify or renew certificates of waiver previously issued under section 107.200 of title 14, Code of Federal Regulations, as appropriate.
(2)
Use of review process.—
The review process established under paragraph (1) shall be used to modify or renew certificates of waiver that cover operations that are substantially similar in all material facts to operations covered under a previously issued certificate of waiver.
SEC. 909.
49 USC 44801 note.
ENVIRONMENTAL REVIEW AND NOISE CERTIFICATION.
(a)
Deadline.
Publication.
Procedures.
National Environmental Policy Act Guidance.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall publish unmanned aircraft system-specific environmental review guidance and implementation procedures and, thereafter, revise such guidance and procedures as appropriate to carry out the requirements of this section.
(b)
Processes.
Prioritization.—
The guidance and procedures established by the Administrator under subsection (a) shall include processes that allow for the prioritization of project applications and activities that—
(1)
offset or limit the impacts of non-zero emission activities;
(2)
offset or limit the release of environmental pollutants to soil or water; or
(3)
demonstrate other factors that benefit human safety or the environment, as determined by the Administrator.
(c)
Deadline.
Examination.
Programmatic Level Approach to NEPA Review.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by which the Administrator can—
(1)
leverage an environmental review for unmanned aircraft operations within a defined geographic region, including within and over commercial sites, industrial sites, or other sites closed or restricted to the public; and
(2)
leverage an environmental assessment or environmental impact statement for nationwide programmatic approaches for large scale distributed unmanned aircraft operations.
(d)
Developing 1 or More Categorical Exclusions.—
(1)
Consultations.
In general.—
The Administrator shall engage in periodic consultations with the Council on Environmental Quality to identify actions that are appropriate for a new categorical exclusion and shall incorporate such actions in FAA Order 138 STAT. 1345
1050.1F (or successor order) as considered appropriate by the Administrator to more easily allow for safe commercial operations of unmanned aircraft.
(2)
Prior operations.—
The Administrator shall review existing categorical exclusions for applicability to unmanned aircraft operations in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.
(e)
Deadline.
Plan.
Briefing.—
Not later than 90 days after the date of enactment of this Act, the Administrator shall brief the appropriate committees of Congress on the plan of the Administrator to implement subsection (a).
(f)
Nonapplication of Noise Certification Requirements Pending Standards Development.—
(1)
In general.—
Notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall—
(A)
Waiver.
waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for an applicant seeking unmanned aircraft type and airworthiness certifications; and
(B)
not deny, withhold, or delay such certifications due to the absence of a noise certification basis under such part, if the Administrator has developed appropriate noise measurement procedures for unmanned aircraft and the Administrator has received from the applicant the noise measurement results based on such procedures.
(2)
Duration.—
The nonapplication of the noise certification requirements under paragraph (1) shall continue until the Administrator finalizes the noise certification requirements for unmanned aircraft in part 36 of title 14, Code of Federal Regulations, or another part of title 14 of such Code, as required under paragraph (3).
(3)
Associated uas certification standards.—
(A)
Deadline.
Determination.
Development of criteria.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall develop and establish substantive criteria and standard metrics to determine whether to approve an unmanned aircraft pursuant to part 36 of title 14, Code of Federal Regulations.
(B)
Substantive criteria and standard metrics.—
In establishing the substantive criteria and standard metrics under subparagraph (A), the Administrator shall include criteria and metrics related to the noise impacts of an unmanned aircraft.
(C)
Federal Register, publication.
Public information.
Web posting.
Publication.—
The Administrator shall publish in the Federal Register and post on the website of the FAA the criteria and metrics established under subparagraph (A).
(g)
Determination.
Analyses.
Concurrent Reviews.—
If the Administrator determines that the design, construction, maintenance and operational sustainability, airworthiness approval, or operational approval of an unmanned aircraft require environmental assessments, including under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall, to the maximum extent practicable, conduct such reviews and analyses concurrently.138 STAT. 1346
(h)
Third-party Support.—
In implementing subsection (a), the Administrator shall allow for the engagement of approved specialized third parties, as appropriate, to support an applicant’s preparation of, or the Administration’s preparation and review of, documentation relating to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to ensure streamlined timelines for complex reviews.
(i)
Rule of Construction.—
Nothing in this section shall be construed as prohibiting, restricting, or otherwise limiting the authority of the Administrator from implementing or complying with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any related requirements to ensure the protection of the environment and aviation safety.
SEC. 910.
UNMANNED AIRCRAFT SYSTEM USE IN WILDFIRE RESPONSE.
(a)
Unmanned Aircraft Systems in Wildfire Response.—
(1)
Deadline.
Plan.
In general.—
Not later than 18 months after the date of enactment of this Act, the Administrator, in coordination with the Chief of the Forest Service, the Administrator of the National Aeronautics and Space Administration, and any other Federal entity (or a contracted unmanned aircraft system operator of a Federal entity) the Administrator considers appropriate, shall develop a plan for the use of unmanned aircraft systems by public entities in wildfire response efforts, including wildfire detection, mitigation, and suppression.
(2)
Recommenda-
tions.
Plan contents.—
The plan developed under paragraph (1) shall include recommendations to—
(A)
identify and designate areas of public land with high potential for wildfires in which public entities may conduct unmanned aircraft system operations beyond visual line of sight as part of wildfire response efforts, including wildfire detection, mitigation, and suppression;
(B)
Process.
develop a process to facilitate the safe and efficient operation of unmanned aircraft systems beyond the visual line of sight in wildfire response efforts in areas designated under subparagraph (A), including a waiver process under section 91.113 or section 107.31 of title 14, Code of Federal Regulations, for public entities that use unmanned aircraft systems for aerial wildfire detection, mitigation, and suppression; and
(C)
improve coordination between the relevant Federal agencies and public entities on the use of unmanned aircraft systems in wildfire response efforts.
(3)
Briefing.
Plan submission.—
Upon completion of the plan under paragraph (1), the Administrator shall submit such plan to, and provide a briefing for, the appropriate committees of Congress and the Committee on Science, Space, and Technology of the House of Representatives.
(4)
Public information.
Web posting.
Publication.—
Upon submission of the plan under paragraph (1), the Administrator shall publish such plan on a publicly available website of the FAA.
(b)
Applicability.—
The plan developed under this section shall cover only unmanned aircraft systems that are—
(1)
operated by, or on behalf of, a public entity;
(2)
operated in airspace covered by a wildfire-related temporary flight restriction under section 91.137 of title 14, Code of Federal Regulations; and138 STAT. 1347
(3)
under the operational control of, or otherwise are being operationally coordinated by, an authorized aviation coordinator responsible for coordinating disaster response aircraft within the airspace covered by such temporary flight restriction.
(c)
Deadline.
Contracts.
Interagency Coordination.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into the necessary agreements to provide a liaison of the Administration to the National Interagency Fire Center to facilitate the implementation of the plan developed under this section and the use of manned and unmanned aircraft in wildfire response efforts, including wildfire detection, mitigation, and suppression.
(d)
Savings Clause.—
Nothing in this section shall be construed to confer upon the Administrator the authorities of the Administrator of the Federal Emergency Management Agency under section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196).
(e)
Definitions.—
In this section:
(1)
Public entity.—
The term “
public entity
” means—(A)
a Federal agency;
(B)
a State government;
(C)
a local government;
(D)
a Tribal Government; and
(E)
a territorial government.
(2)
Public land.—
The term “
public land
” has the meaning given such term in section 205 of the Sikes Act (16 U.S.C. 670k).(3)
Wildfire.—
The term “
wildfire
” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act (42 U.S.C. 1856m).SEC. 911.
49 USC 44502 note.
PILOT PROGRAM FOR UAS INSPECTIONS OF FAA INFRASTRUCTURE.
(a)
Deadline.
In General.—
Not later than 180 days after the date of enactment of this Act, the Secretary shall initiate a pilot program to supplement inspection and oversight activities of the Department of Transportation with unmanned aircraft systems to increase employee safety, enhance data collection, increase the accuracy of inspections, reduce costs, and for other purposes the Secretary considers to be appropriate.
(b)
Evaluation.
Ground-based Aviation Infrastructure.—
In participating in the program under subsection (a), the Administrator shall evaluate the use of unmanned aircraft systems to inspect ground-based aviation infrastructure that may require visual inspection in hard-to-reach areas, including—
(1)
navigational aids;
(2)
air traffic control towers;
(3)
radar facilities;
(4)
communication facilities; and
(5)
other air traffic control facilities.
(c)
Consultation.
Coordination.—
In carrying out subsection (b), the Administrator shall consult with the labor union certified under section 7111 of title 5, United States Code, to represent personnel responsible for the inspection of the ground-based aviation infrastructure.
(d)
Deadline.
Briefing.—
Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the pilot program under this section, the Secretary shall provide 138 STAT. 1348
to the appropriate committees of Congress a briefing on the status and results of the pilot program established under subsection (a), including—
(1)
cost savings;
(2)
a description of how unmanned aircraft systems were used to supplement existing inspection, data collection, or oversight activities of Department employees, including the number of operations and types of activities performed;
(3)
efficiency or safety improvements, if any, associated with the use of unmanned aircraft systems to supplement conventional inspection, data collection, or oversight activities;
(4)
the fleet of unmanned aircraft systems maintained by the Department for the program, or an overview of the services used as part of the pilot program; and
(5)
Recommenda-
tions.
recommendations for improving the use or efficacy of unmanned aircraft systems to supplement the Department’s inspection, data collection, or oversight activities.
(e)
Sunset and Incorporation Into Standard Practice.—
(1)
Sunset.—
The pilot program established under subsection (a) and the briefing requirement under subsection (d) shall terminate on the date that is 4 years after the date of enactment of this Act.
(2)
Assessment.
Determination.
Incorporation into standard practice.—
Upon termination of the pilot program under this section, the Secretary shall assess the results and determine whether to permanently incorporate the use of unmanned aircraft systems into the regular inspection, data collection, and oversight activities of the Department.
(3)
Report to congress.—
Not later than 9 months after the termination of the pilot program under paragraph (1), the Secretary shall submit to the appropriate committees of Congress a report on the final results of the pilot program and the actions taken by the Administrator under paragraph (2).
SEC. 912.
49 USC 44802 note.
DRONE INFRASTRUCTURE INSPECTION GRANT PROGRAM.
(a)
Deadline.
Authority.—
Not later than 270 days after the date of enactment of this Act, the Secretary shall establish an unmanned aircraft system infrastructure inspection grant program to provide grants to governmental entities to facilitate the use of small unmanned aircraft systems to support more efficient inspection, operation, construction, maintenance, and repair of an element of critical infrastructure to improve worker safety related to projects.
(b)
Contracts.
Use of Grant Amounts.—
A governmental entity may use a grant provided under this section to—
(1)
purchase or lease small unmanned aircraft systems;
(2)
support the operational capabilities of small unmanned aircraft systems used by the governmental entity;
(3)
contract for services performed using a small unmanned aircraft system in circumstances in which the governmental entity does not have the resources or expertise to safely carry out or assist in carrying out the activities described under subsection (a); and
(4)
support the program management capability of the governmental entity to use or contract the use of a small unmanned aircraft system, as described in paragraph (3).138 STAT. 1349
(c)
Requirement.
Contracts.
Compliance.
Application.—
To be eligible to receive a grant under this section, a governmental entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or any contractor of the governmental entity, will comply with relevant Federal regulations.
(d)
Selection of Applicants.—
In selecting an application for a grant under this section, the Secretary shall prioritize applications that propose to—
(1)
carry out a project in a variety of communities, including urban, suburban, rural, Tribal, or any other type of community; and
(2)
address a safety risk in the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure.
(e)
Rule of Construction.—
Nothing in this section shall be construed to interfere with an agreement between a governmental entity and a labor union, including the requirements of section 5333(b) of title 49, United States Code.
(f)
Evaluation.
Report to Congress.—
Not later than 2 years after the first grant is provided under this section, the Secretary shall submit to the appropriate committees of Congress a report that evaluates the program carried out under this section that includes—
(1)
a description of the number of grants provided under this section;
(2)
the amount of each grant provided under this section;
(3)
the activities carried out with a grant provided under this section; and
(4)
the effectiveness of such activities in meeting the objectives described in subsection (a).
(g)
Funding.—
(1)
Federal share.—
(A)
In general.—
Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant provided under this section shall not exceed 50 percent of the total project cost.
(B)
Waiver.—
The Secretary may increase the Federal share under subparagraph (A) to up to 75 percent for a project carried out using a grant provided under this section by a governmental entity if such entity—
(i)
submits a written application to the Secretary requesting an increase in the Federal share; and
(ii)
demonstrates that the additional assistance is necessary to facilitate the acceptance and full use of a grant under this section, such as alleviating economic hardship, meeting additional workforce needs, or any other uses that the Secretary determines to be appropriate.
(2)
Authorization of appropriations.—
Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the following amounts are authorized to carry out this section:
(A)
$12,000,000 for fiscal year 2025.
(B)
$12,000,000 for fiscal year 2026.
(C)
$12,000,000 for fiscal year 2027.
(D)
$12,000,000 for fiscal year 2028.
(h)
Definitions.—
In this section:138 STAT. 1350
(1)
Critical infrastructure.—
The term “
critical infrastructure
” has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).(2)
Element of critical infrastructure.—
The term “
element of critical infrastructure
” means a critical infrastructure facility or asset, including public bridges, tunnels, roads, highways, dams, electric grid, water infrastructure, communication systems, pipelines, or other related facilities or assets, as determined by the Secretary.(3)
Governmental entity.—
The term “
governmental entity
” means—(A)
a State, the District of Columbia, the Commonwealth of Puerto Rico, a territory of the United States, or a political subdivision thereof;
(B)
a unit of local government;
(C)
a Tribal government;
(D)
a metropolitan planning organization; or
(E)
a consortia of more than 1 of the entities described in subparagraphs (A) through (D).
(4)
Project.—
The term “
project
” means a project for the inspection, operation, construction, maintenance, or repair of an element of critical infrastructure, including mitigating environmental hazards to such infrastructure.SEC. 913.
49 USC 40101 note.
DRONE EDUCATION AND WORKFORCE TRAINING GRANT PROGRAM.
(a)
Deadline.
Authority.—
Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a drone education and training grant program to make grants to educational institutions for workforce training for small unmanned aircraft systems.
(b)
Use of Grant Amounts.—
Amounts from a grant under this section shall be used in furtherance of activities authorized under section 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).
(c)
Eligibility.—
To be eligible to receive a grant under this section, an educational institution shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.
(d)
Authorization of Appropriations.—
Out of amounts authorized to be appropriated under section 106(k) of title 49, United States Code, the Secretary shall make available to carry out this section $5,000,000 for each of fiscal years 2025 through 2028.
(e)
Educational Institution Defined.—
In this section, the term “
educational institution
” means an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that participates in a program authorized under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note).SEC. 914.
DRONE WORKFORCE TRAINING PROGRAM STUDY.
(a)
Deadline.
In General.—
Not later than 3 years after the date of enactment of this Act, the Comptroller General shall initiate a study of the effectiveness of the Unmanned Aircraft Systems Collegiate Training Initiative established under section 632 of the FAA Reauthorization Act 2018 (49 U.S.C. 40101 note).138 STAT. 1351
(b)
Report.—
Upon completion of the study under subsection (a), the Comptroller General shall submit to the appropriate committees of Congress a report describing—
(1)
the findings of such study; and
(2)
Recommenda-
tions.
any recommendations to improve the Unmanned Aircraft Systems Collegiate Training Initiative.
SEC. 915.
TERMINATION OF ADVANCED AVIATION ADVISORY COMMITTEE.
The Secretary may not renew the charter of the Advanced Aviation Advisory Committee (chartered by the Secretary on June 10, 2022).
SEC. 916.
49 USC 44801 note.
UNMANNED AND AUTONOMOUS FLIGHT ADVISORY COMMITTEE.
(a)
Deadline.
Establishment.
In General.—
Not later than 1 year after the termination of the Advanced Aviation Advisory Committee pursuant to section 915, the Administrator shall establish an Unmanned and Autonomous Flight Advisory Committee (in this section referred to as the “Advisory Committee”).
(b)
Duties.—
The Advisory Committee shall provide the Administrator advice on policy- and technical-level issues related to unmanned and autonomous aviation operations and activities, including, at a minimum, the following:
(1)
The safe integration of unmanned aircraft systems and autonomous flight operations into the national airspace system, including feedback on—
(A)
the certification and operational standards of highly automated aircraft, unmanned aircraft, and associated elements of such aircraft;
(B)
coordination of procedures for operations in controlled and uncontrolled airspace; and
(C)
communication protocols.
(2)
The use cases of unmanned aircraft systems, including evaluating and assessing the potential benefits of using unmanned aircraft systems.
(3)
The development of processes and methodologies to address safety concerns related to the operation of unmanned aircraft systems, including risk assessments and mitigation strategies.
(4)
Unmanned aircraft system training, education, and workforce development programs, including evaluating aeronautical knowledge gaps in the unmanned aircraft system workforce, assessing the workforce needs of unmanned aircraft system operations, and establishing a strong pipeline to ensure a robust unmanned aircraft system workforce.
(5)
The analysis of unmanned aircraft system data and trends.
(6)
Unmanned aircraft system infrastructure, including the use of existing aviation infrastructure and the development of necessary infrastructure.
(c)
Membership.—
(1)
In general.—
The Advisory Committee shall be composed of not more than 12 members.
(2)
Representatives.—
The Advisory Committee shall include at least 1 representative of each of the following:
(A)
Commercial operators of unmanned aircraft systems.138 STAT. 1352
(B)
Unmanned aircraft system manufacturers.
(C)
Counter-UAS manufacturers.
(D)
FAA-approved unmanned aircraft system service suppliers.
(E)
Unmanned aircraft system test ranges under section 44803 of title 49, United States Code.
(F)
An unmanned aircraft system physical infrastructure network provider.
(G)
Community advocates.
(H)
Certified labor organizations representing commercial airline pilots, air traffic control specialists employed by the Administration, certified aircraft maintenance technicians, certified aircraft dispatchers, or aviation safety inspectors.
(I)
Academia or a relevant research organization.
(3)
Observers.—
The Administrator may invite appropriate representatives of other Federal agencies to observe or provide input on the work of the Advisory Committee, but shall not allow such representatives to participate in any decision-making of the Advisory Committee.
(d)
Reporting.—
(1)
In general.—
The Advisory Committee shall submit to the Administrator an annual report of the activities, findings, and recommendations of the Committee.
(2)
Congressional reporting.—
The Administrator shall submit to the appropriate committees of Congress the reports required under paragraph (1).
(e)
Prohibition.—
The Administrator may not task the Advisory Committee established under this section with a review or the development of recommendations relating to operations conducted under part 121 of title 14, Code of Federal Regulations.
SEC. 917.
NEXTGEN ADVISORY COMMITTEE MEMBERSHIP EXPANSION.
(a)
Deadline.
In General.—
Not later than 90 days after the date of enactment of this Act, the Secretary shall take such actions as may be necessary to expand the membership of the NextGen Advisory Committee (chartered by the Secretary on June 15, 2022) to include 1 representative from the unmanned aircraft system industry and 1 representative from the powered-lift industry.
(b)
Qualifications.—
The representatives required under subsection (a) shall have the following qualifications, as applicable:
(1)
Demonstrated expertise in the design, manufacturing, or operation of unmanned aircraft systems and powered-lift aircraft.
(2)
Demonstrated experience in the development or implementation of unmanned aircraft system and powered-lift aircraft policies and procedures.
(3)
Demonstrated commitment to advancing the safe integration of unmanned aircraft systems and powered-lift aircraft into the national airspace system.
SEC. 918.
INTERAGENCY COORDINATION.
(a)
Sense of Congress.—
It is the sense of Congress that—
(1)
the purpose of the joint Department of Defense-Federal Aviation Administration executive committee (in this section referred to as the “Executive Committee”) on conflict and dispute resolution as described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 138 STAT. 1353
2009 (Public Law 110–417) is to resolve disputes on the matters of policy and procedures between the Department of Defense and the Federal Aviation Administration relating to airspace, aircraft certifications, aircrew training, and other issues, including the access of unmanned aerial systems of the Department of Defense to the national airspace system;
(2)
by mutual agreement of Executive Committee leadership, operating with the best of intentions, the current scope of activities and membership of the Executive Committee has exceeded the original intent of, and tasking to, the Executive Committee; and
(3)
the expansion described in paragraph (2) has resulted in an imbalance in the oversight of certain Federal entities in matters concerning civil aviation safety and security.
(b)
Charter.—
(1)
Deadline.
Charter revision.—
Not later than 45 days after the date of enactment of this Act, the Administrator shall seek to revise the charter of the Executive Committee to reflect the scope, objectives, membership, and activities described in section 1036(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) in order to achieve the increasing, and ultimately routine, access of unmanned aircraft systems of the Department of Defense into the national airspace system.
(2)
Sunset.—
Not earlier than 2 years after the date of enactment of this Act, the Administrator shall seek to sunset the activities of the Executive Committee by joint agreement of the Administrator and the Secretary of Defense.
SEC. 919.
REVIEW OF REGULATIONS TO ENABLE UNESCORTED UAS OPERATIONS.
(a)
Deadline.
In General.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall, in coordination with the Secretary of Defense, conduct a review of the requirements necessary to permit unmanned aircraft systems (excluding small unmanned aircraft systems) operated by a Federal agency or armed forces (as such term is defined in section 101 of title 10, United States Code) to be operated in the national airspace system, including outside of restricted airspace, without being escorted by a manned aircraft.
(b)
Recommenda-
tions.
Report.—
Not later than 2 years after the completion of the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on the results of the review, including any recommended regulatory and statutory changes to enable the operations described under subsection (a).
SEC. 920.
EXTENSION OF BEYOND PROGRAM.
(a)
Determination.
FAA BEYOND Program Extension.—
The Administrator shall extend the BEYOND program of the FAA as in effect on the day before the date of enactment of this Act (in this section referred to as the “Program”) and the existing agreements with State, local, and Tribal governments entered into under the Program until the date on which the Administrator determines the Program is no longer necessary or useful.
(b)
FAA BEYOND Program Expansion.—
(1)
Testing.
Evaluation.
In general.—
The Administrator shall consider expanding the Program to include additional State, local, and Tribal governments to test and evaluate the use of new and 138 STAT. 1354
emerging aviation concepts and technologies to evaluate and inform FAA policies, rulemaking, and guidance related to the safe integration of such concepts and technologies into the national airspace system.
(2)
Determination.
Scope.—
If the Administrator determines the Program should be expanded, the Administrator shall address additional factors in the Program, including—
(A)
increasing automation in civil aircraft, including unmanned aircraft systems and new or emerging aviation technologies;
(B)
operations of such systems and technologies, including beyond visual line of sight; and
(C)
the societal and economic impacts of such operations.
(3)
Additional waiver authority.—
In carrying out an expansion of the Program, the Administrator may waive the requirements of section 44711 of title 49, United States Code, including related regulations, under any BEYOND program agreement to the extent consistent with aviation safety.
SEC. 921.
49 USC 44802 note.
UAS INTEGRATION STRATEGY.
(a)
In General.—
The Administrator shall implement the recommendations made by—
(1)
the Comptroller General to the Secretary contained in the report of the Government Accountability Office titled “Drones: FAA Should Improve Its Approach to Integrating Drones into the National Airspace System”, issued in January 2023 (GAO–23–105189); and
(2)
the inspector general of the Department of Transportation to the Administrator contained in the audit report of the inspector general titled “FAA Made Progress Through Its UAS Integration Pilot Program, but FAA and Industry Challenges Remain To Achieve Full UAS Integration”, issued in April 2022 (Project ID: AV2022027).
(b)
Deadline.
Time period.
Briefing.—
Not later than 12 months after the date of enactment of this Act, and annually thereafter through 2028, the Administrator shall provide a briefing to the appropriate committees of Congress that—
(1)
Update.
provides a status update on the—
(A)
implementation of the recommendations described in subsection (a);
(B)
implementation of statutory provisions related to unmanned aircraft system integration under subtitle B of title III of division B of the FAA Reauthorization Act of 2018 (Public Law 115–254); and
(C)
actions taken by the Administrator to implement recommendations related to safe integration of unmanned aircraft systems into the national airspace system included in aviation rulemaking committee reports published after the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254);
(2)
provides a description of steps taken to achieve the safe integration of such systems into the national airspace system, including milestones and performance metrics to track results;
(3)
Costs.
Estimates.
provides the costs of executing the integration described in paragraph (2), including any estimates of future Federal 138 STAT. 1355
resources or investments required to complete such integration; and
(4)
identifies any regulatory or policy changes required to execute the integration described in paragraph (2).
SEC. 922.
EXTENSION OF KNOW BEFORE YOU FLY CAMPAIGN.
Section 356 of the FAA Reauthorization Act of 2018 (Public Law 115–254)
132 Stat. 3305.
is amended
by striking
“2019 through 2023” and inserting
“2024 through 2028”.SEC. 923.
PUBLIC AIRCRAFT DEFINITION.
Section 40125(a)(2) of title 49, United States Code,
is amended
—(1)
by
striking
“research, or” and inserting
“research,”; and(2)
by
inserting
“(including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental” after “biological or geological resource management”.SEC. 924.
FAA COMPREHENSIVE PLAN ON UAS AUTOMATION.
(a)
Comprehensive Plan.—
The Administrator shall establish a comprehensive plan for the integration of autonomous unmanned aircraft systems into the national airspace system.
(b)
Comprehensive Plan Contents.—
In establishing the comprehensive plan under subsection (a), the Administrator shall—
(1)
identify FAA processes and regulations that need to change to accommodate the increasingly automated role of a remote operator of an unmanned aircraft system; and
(2)
identify how the Administrator intends to authorize operations ranging from low risk automated operations to increasingly complex automated operations of such systems.
(c)
Consultation.
Coordination.—
In establishing the comprehensive plan under subsection (a), the Administrator shall consult with—
(1)
the National Aeronautics and Space Administration;
(2)
the Department of Defense;
(3)
manufacturers of autonomous unmanned aircraft systems;
(4)
operators of autonomous unmanned aircraft systems; and
(5)
other stakeholders with knowledge of automation in aviation, the human-computer interface, and aviation safety, as determined appropriate by the Administrator.
(d)
Deadline.
Submission.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress, the subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate and the subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives the plan established under subsection (a).
SEC. 925.
UAS TEST RANGES.
(a)
In General.—
Chapter 448 of title 49, United States Code, .
is amended
by striking
section 44803 and inserting
the following:138 STAT. 1356
Ҥ 44803.
49 USC 44803.
Unmanned aircraft system test ranges
“(a)
Test Ranges.—
“(1)
Update.
In general.—
The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system (in this section referred to as UAS) test ranges to—
“(A)
enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and
“(B)
the extent consistent with aviation safety and efficiency, support the safe integration of unmanned aircraft systems into the national airspace system.
“(2)
Designations.—
“(A)
Existing test ranges.—
Test ranges designated under this section shall include the 7 test ranges established under the following:
“(i)
Section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254).
“(ii)
Any other test ranges designated pursuant to the amendment made by section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) after the date of enactment of such Act.
“(B)
New test ranges.—
If the Administrator finds that it is in the best interest of enabling safe UAS integration into the national airspace system, the Administrator may select and designate as a test range under this section up to 2 additional test ranges in accordance with the requirements of this section through a competitive selection process.
“(C)
Limitation.—
Not more than 9 test ranges designated under this section shall be part of the program established under this section at any given time.
“(3)
Eligibility.—
Test ranges selected by the Administrator pursuant to (2)(B) shall—
“(A)
be an instrumentality of a State, local, Tribal, or territorial government or other public entity;
“(B)
Approval.
be approved by the chief executive officer of the State, local, territorial, or Tribal government for the principal place of business of the applicant, prior to seeking designation by the Administrator;
“(C)
Evaluation.
undertake and ensure testing and evaluation of innovative concepts, technologies, and operations that will offer new safety benefits, including developing and retaining an advanced aviation industrial base within the United States; and
“(D)
meet any other requirements established by the Administrator.
“(b)
Airspace Requirements.—
“(1)
In general.—
In carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, special use airspace, or other similar type of airspace pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of—138 STAT. 1357
“(A)
accommodating hazardous development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or
“(B)
other activities authorized by the Administrator pursuant to subsection (f).
“(2)
Requirement.
NEPA review.—
The Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision of and adoption by the Administrator, with respect to any request for the establishment of a restricted area, special use airspace, or other similar type of airspace under this subsection.
“(3)
Inactive restricted area or special use airspace.—
“(A)
In general.—
In the event a restricted area, special use airspace, or other similar type of airspace established under paragraph (1) is not needed to meet the needs of the using agency (as described in subparagraph (B)), any related airspace restrictions, limitations, or designations shall be inactive.
“(B)
Using agency.—
For purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection.
“(4)
Approval authority.—
The Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area, special use airspace, or other similar type of airspace established by the Administrator under this subsection.
“(c)
Program Requirements.—
In carrying out the program under subsection (a), the Administrator—
“(1)
Standards.
may develop operational standards and air traffic requirements for flight operations at test ranges;
“(2)
shall coordinate with, and leverage the resources of, the Administrator of the National Aeronautics and Space Administration and other relevant Federal agencies, as determined appropriate by the Administrator;
“(3)
shall address both civil and public aircraft operations;
“(4)
Verification.
Procedures.
shall provide for verification of the safety of flight systems and related navigation procedures as such systems and procedures relate to the continued development of regulations and standards for integration of unmanned aircraft systems into the national airspace system;
“(5)
Evaluation.
Regulations.
Standards.
shall engage test range sponsors, as necessary and with available resources, in projects for development, testing, and evaluation of flight systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, to facilitate the development of regulations and the validation of standards by the Administrator for the safe integration of unmanned aircraft systems into the national airspace system, which may include activities related to—
“(A)
developing and enforcing geographic and altitude limitations;138 STAT. 1358
“(B)
providing for alerts regarding any hazards or limitations on flight, including prohibition on flight, as necessary;
“(C)
developing or validating sense and avoid capabilities;
“(D)
developing or validating technology to support communications, navigation, and surveillance;
“(E)
testing or validating operational concepts and technologies related to beyond visual line of sight operations, autonomous operations, nighttime operations, operations over people, operations involving multiple unmanned aircraft systems by a single pilot or operator, and unmanned aircraft systems traffic management capabilities or services;
“(F)
improving privacy protections through the use of advances in unmanned aircraft systems;
“(G)
conducting counter-UAS testing capabilities, with the approval of the Administrator; and
“(H)
other relevant topics for which development, testing or evaluation are needed;
“(6)
Data.
shall develop data sharing and collection requirements for test ranges to support the unmanned aircraft systems integration efforts of the Administration and coordinate periodically with all test range sponsors to ensure the test range sponsors know—
“(A)
what data should be collected;
“(B)
how data can be de-identified to flow more readily to the Administration;
“(C)
what procedures should be followed; and
“(D)
what development, testing, and evaluation would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;
“(7)
shall allow test range sponsors to receive Federal funding, including in-kind contributions, other than from the Federal Aviation Administration, in furtherance of research, development, testing, and evaluation objectives; and
“(8)
shall use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems.
“(d)
Exemption.—
Except as provided in subsection (f), the requirements of section 44711, including any related implementing regulations, shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section.
“(e)
Responsibilities of Test Range Sponsors.—
The sponsor of each test range designated by the Administrator under subsection (a) shall—
“(1)
provide access to all interested private and public entities seeking to carry out research, development, testing and evaluation activities at the test range designated pursuant to this section, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as such term is defined in section 3 of the Small Business Act (15 U.S.C. 632));
“(2)
ensure all activities remain within the geographical boundaries and altitude limitations established for any 138 STAT. 1359
restricted area, special use airspace, or other similar type of airspace covering the test range;
“(3)
ensure no activity is conducted at the designated test range in a careless or reckless manner;
“(4)
establish safe operating procedures for all operators approved for activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator;
“(5)
exercise direct oversight of all operations conducted at the test range;
“(6)
consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation of the airspace is required to contain such activities consistent with aviation safety;
“(7)
protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range;
“(8)
maintain detailed records of all ongoing and completed activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor;
“(9)
make all original records available for inspection upon request by the Administrator; and
“(10)
provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private development, testing, and evaluation activities at the test ranges to contribute to the safe integration of unmanned aircraft systems into the national airspace system.
“(f)
Testing.—
“(1)
In general.—
The Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, other than activities directly related to the integration of unmanned aircraft systems into the national airspace system, so long as the activity is necessary to inform the development of regulations, standards, or policy for integrating new types of flight systems into the national airspace system.
“(2)
Determination.
Waiver.—
In carrying out this section, the Administrator may waive the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety.
“(g)
Collaborative Research and Development Agreements.—
The Administrator may use the transaction authority under section 106(l)(6), including in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research, development, testing, and evaluation related to unmanned aircraft systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, as appropriate, at any test range designated under subsection (a).
“(h)
Authorization of Appropriations.—
138 STAT. 1360“(1)
Establishment.—
Out of amounts authorized to be appropriated under section 106(k), $6,000,000 for each of fiscal years 2025 through 2028, shall be available to the Administrator for the purposes of—
“(A)
providing matching funds to commercial entities that contract with a UAS test range to demonstrate or validate technologies that the FAA considers essential to the safe integration of UAS into the national airspace system; and
“(B)
supporting or performing such demonstration and validation activities described in subparagraph (A) at a test range designated under the section.
“(2)
Disbursement.—
Funding provided under this subsection shall be divided evenly among all UAS test ranges designated under this section, for the purpose of providing matching funds to commercial entities described in paragraph (1) and available until expended.
“(i)
Termination.—
The program under this section shall terminate on September 30, 2028.”
(b)
Conforming Amendments.—
(1)
Conforming amendment.—
Section 44801(10) of title 49, United States Code,
is amended
by striking
“any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009” and inserting
“the test ranges designated by the Administrator under section 44803”.(2)
Clerical amendment.—
The analysis for chapter 448 of title 49, United States Code,
49 USC
prec. 44801.
is amended
by striking
the item relating to section 44803 and inserting
the following:“44803.
Unmanned aircraft system test ranges.”.
(c)
Sense of Congress.—
It is the sense of Congress that the test ranges designated under section 44803 of title 49, United States Code, shall—
(1)
provide fair and accessible services to a broad variety of unmanned aircraft technology developers, to the extent practicable;
(2)
operate in the best interest of domestic technology developers in terms of intellectual property and proprietary data protections; and
(3)
comply with data sharing and collection requirements prescribed by the FAA.
SEC. 926.
PUBLIC SAFETY USE OF TETHERED UAS.
(a)
In General.—
Section 44806 of title 49, United States Code,
is amended
—(1)
in the section heading by
inserting
“and public safety use of tethered unmanned aircraft systems” after “systems”;(2)
in subsection (c)—
(A)
in the subsection heading by
inserting
“safety use of” after “public”; and(B)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A)—138 STAT. 1361
(I)
by
striking
“Not later than 180 days after the date of enactment of this Act, the” and inserting
“The”;(II)
by
striking
“permit the use of” and inserting
“permit”;(III)
by
striking
“public”; and(IV)
by
inserting
“by a public safety organization for such systems” after “systems”;(ii)
by ;
striking
subparagraph (A) and inserting
the following:“(A)
operated—
“(i)
at or below an altitude of 150 feet above ground level within class B, C, D, E, or G airspace, but not at a greater altitude than the ceiling depicted on the UAS Facility Maps published by the Federal Aviation Administration, where applicable;
“(ii)
within zero-grid airspaces as depicted on such UAS Facility Maps, only if operated in life-saving or emergency situations and with prior notification to the Administration in a manner determined by the Administrator; or
“(iii)
above 150 feet above ground level within class B, C, D, E, or G airspace only with prior authorization from the Administrator;”
(iii)
by
striking
subparagraph (B); and(iv)
by
redesignating
subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; and(C)
in paragraph (3) by
striking
“Public actively” and inserting
“Actively”; and(3)
by .
adding
at the end the following:“(e)
Definition.—
In this section, the term ‘
public safety organization
’ means an entity that primarily engages in activities related to the safety and well-being of the general public, including law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in matters of safety and security.”(b)
Clerical Amendment.—
The analysis for chapter 448 of title 49, United States Code,
49 USC
prec. 44801.
is amended
by striking
the item relating to section 44806 and inserting
the following:“44806.
Public unmanned aircraft systems and public safety use of tethered unmanned aircraft systems.”.
(c)
Definition.—
Section 44801(1) of title 49, United States Code,
is amended
—(1)
by ;
striking
subparagraph (A) and inserting
:“(A)
weighs 55 pounds or less, including payload but not including the tether;”
(2)
in subparagraph (B) by
striking
“and” at the end;(3)
in subparagraph (C) by
striking
the period at the end and inserting
a semicolon; and(4)
by .138 STAT. 1362
adding
at the end the following:“(D)
is able to maintain safe flight control in the event of a power or flight control failure during flight; and
“(E)
is programmed to initiate a controlled landing in the event of a tether separation.”
SEC. 927.
EXTENDING SPECIAL AUTHORITY FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS.
(a)
Extension.—
Section 44807(d) of title 49, United States Code,
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2033”.(b)
Clarification.—
Section 44807 of title 49, United States Code,
is amended
—(1)
in subsection (a)—
(A)
by
inserting
“or chapter 447” after “Notwithstanding any other requirement of this chapter”;(B)
by
striking
“the Secretary of Transportation” and inserting
“the Administrator of the Federal Aviation Administration”; and(C)
by
striking
“if certain” and inserting
“how”;(2)
in subsection (b)—
(A)
by
striking
“Secretary” and inserting
“Administrator”; and(B)
by
striking
“which types of” and inserting
“how such”.(3)
by ; and
striking
subsection (c) and inserting
the following:“(c)
Requirements for Safe Operation.—
“(1)
Process.
Testing.
Evaluation.
In general.—
In carrying out this section, the Administrator shall establish requirements, or a process to accept proposed requirements, for the safe and efficient operation of unmanned aircraft systems in the national airspace system, including operations related to testing and evaluation of proprietary systems.
“(2)
Expedited exemptions and approvals.—
The Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system, issue approvals—
“(A)
to enable low-risk beyond visual line of sight operations, including, at a minimum, package delivery operations, extended visual line of sight operations, or shielded operations within 100 feet of the ground or a structure; or
“(B)
that are aligned with Administration exemptions or approvals that enable beyond visual line of sight operations with the use of acoustics, ground based radar, automatic dependent surveillance–broadcast, and other technological solutions.
“(3)
Treatment of mitigation measures.—
To the extent that an operation under this section will be conducted exclusively within the airspace of a Mode C Veil, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, if the operation employs—
“(A)
automatic dependent surveillance–broadcast in-based detect and avoid capabilities;
“(B)
air traffic control communication and coordination;
“(C)
aeronautical information management systems acceptable to the Administrator, such as notices to air missions, to notify other airspace users of such operations; or
“(D)
any other risk mitigations as set by the Administrator.138 STAT. 1363
“(4)
Rule of construction.—
Nothing in this subsection shall be construed to—
“(A)
provide an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft; or
“(B)
limit the authority of the Administrator to impose requirements, conditions, or limitations on operations conducted under this section in order to address safety concerns.”
(4)
by .
adding
at the end the following:“(e)
Waiver authority.
Authority.—
The Administrator may exercise the authorities described in this section, including waiving applicable parts of title 14, Code of Federal Regulations, without initiating a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, to the extent consistent with aviation safety.”
(c)
Extensions.
49 USC 44807 note.
Clarification of Status of Previously Issued Rulemakings and Exemptions.—
(1)
Rulemakings.—
Any rule issued pursuant to section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority.
(2)
Exemptions.—
Any exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of the expiration of such authority, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption, provided the Administrator does not determine there is a safety risk.
(3)
Rules of construction.—
Nothing in this section shall be construed to interfere with the Administrator’s—
(A)
authority to rescind or amend an exemption for reasons such as unsafe conditions or operator oversight; or
(B)
ability to grant an exemption based on a determination made pursuant to section 44807 of title 49, United States Code, prior to the date described in subsection (d) of such section.
SEC. 928.
RECREATIONAL OPERATIONS OF DRONE SYSTEMS.
(a)
Specified Exception for Limited Recreational Operations of Unmanned Aircraft.—
Section 44809 of title 49, United States Code,
is amended
—(1)
in subsection (a) by ;
striking
paragraph (6) and inserting
the following:“(6)
Compliance.
Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in section (c), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this subtitle, such as special use airspace designations and temporary flight restrictions.”
(2)
by ;
striking
subsection (c) and inserting
the following:“(c)
Operations at Fixed Sites.—
“(1)
Process.
Public information.
In general.—
The Administrator shall establish a process to approve, and publicly disseminate the location of, fixed sites at which a person may carry out recreational unmanned aircraft system operations.138 STAT. 1364
“(2)
Operating procedures.—
“(A)
Controlled airspace.—
Persons operating unmanned aircraft under paragraph (1) from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization sponsoring operations within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.
“(B)
Process.
Altitude.—
The Administrator, in coordination with community-based organizations sponsoring operations at fixed sites, shall develop a process to approve requests for recreational unmanned aircraft systems operations at fixed sites that exceed the maximum altitude contained in a UAS Facility Map published by the Federal Aviation Administration.
“(C)
Compliance.
Uncontrolled airspace.—
Subject to compliance with all airspace and flight restrictions and prohibitions established under this subtitle, including special use airspace designations and temporary flight restrictions, persons operating unmanned aircraft systems from a fixed site designated under the process described in paragraph (1) may operate within Class G airspace—
“(i)
up to 400 feet above ground level, without prior authorization from the Administrator; and
“(ii)
above 400 feet above ground level, with prior authorization from the Administrator.
“(3)
Unmanned aircraft weighing 55 pounds or greater.—
A person may operate an unmanned aircraft weighing 55 pounds or greater, including the weight of anything attached to or carried by the aircraft, if—
“(A)
Compliance.
Standards.
Approval.
the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and
“(B)
the aircraft is operated from a fixed site as described in paragraph (1).
“(4)
Review.
FAA-recognized identification areas.—
In implementing subpart C of part 89 of title 14, Code of Federal Regulations, the Administrator shall prioritize the review and adjudication of requests to establish FAA Recognized Identification Areas at fixed sites established under this section.”
(3)
in subsection (d)—
(A)
in paragraph (3) by
striking
“subsection (a) of”; and(B)
by
striking
the subsection designation and heading and all that follows through “(3) Savings clause.—” and inserting
“(d) Savings clause.—”;(4)
in subsection (f)(1) by
striking
“updates to”;(5)
by ; and138 STAT. 1365
striking
subsection (g)(1) and inserting
the following:“(1)
Update.
Safety test.
In general.—
The Administrator, in consultation with manufacturers of unmanned aircraft systems, community-based organizations, and other industry stakeholders, shall develop, maintain, and update, as necessary, an aeronautical knowledge and safety test. Such test shall be administered electronically by the Administrator or a person designated by the Administrator.”
(6)
in subsection (h)—
(A)
by
redesignating
paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and(B)
by .
inserting
before paragraph (2) (as so redesignated) the following:“(1)
is recognized by the Administrator of the Federal Aviation Administration;”
(b)
Use of Unmanned Aircraft Systems for Educational Purposes.—
Section 350 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44809 note)
is amended
—(1)
in subsection (a)—
(A)
by
redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and(B)
by ; and
inserting
before paragraph (3) (as so redesignated) the following:“(2)
operated by an elementary school, a secondary school, or an institution of higher education for educational or research purposes;”
(2)
in subsection (d)—
(A)
in paragraph (2) by
inserting
“an elementary school, or a secondary school” after “with respect to the operation of an unmanned aircraft system by an institution of higher education,”; and(B)
Definitions.
by .
adding
at the end the following:“(3)
Elementary school.—
The term ‘
elementary school
’ has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(19)).“(4)
Secondary school.—
The term ‘
secondary school
’ has the meaning given to that term by section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(45)).”SEC. 929.
APPLICATIONS FOR DESIGNATION.
(a)
In General.—
Section 2209 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44802 note)
is amended
—(1)
in subsection (a) by
inserting
“, including temporarily,” after “restrict”;(2)
in subsection (b)(1)(C)(iv) by
striking
“Other locations that warrant such restrictions” and inserting
“State prisons”; and(3)
by .138 STAT. 1366
adding
at the end the following:“(f)
Regulations.
Deadlines.—
“(1)
Publication.
Notice.
Not later than 90 days after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall publish a notice of proposed rulemaking to carry out the requirements of this section.
“(2)
Not later than 16 months after publishing the notice of proposed rulemaking under paragraph (1), the Administrator shall issue a final rule based on the notice of proposed rulemaking published under paragraph (1).
“(g)
Definition of State Prison.—
In this section, the term ‘
State prison
’ means an institution under State jurisdiction, including a State Department of Corrections, the primary use of which is for the confinement of individuals convicted of a felony.”SEC. 930.
BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR UNMANNED AIRCRAFT SYSTEMS.
(a)
In General.—
Chapter 448 of title 49, United States Code, .138 STAT. 1367
is amended
by adding
at the end the following:Ҥ 44811.
Deadlines.
49 USC 44811.
Beyond visual line of sight operations for unmanned aircraft systems
“(a)
Notice.
Proposed Rule.—
Not later than 4 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall issue a notice of proposed rulemaking establishing a performance-based regulatory pathway for unmanned aircraft systems (in this section referred to as ‘UAS’) to operate beyond visual line of sight (in this section referred to as ‘BVLOS’).
“(b)
Requirements.—
The proposed rule required under subsection (a) shall, at a minimum, establish the following:
“(1)
Acceptable levels of risk for BVLOS UAS operations, including the levels developed pursuant to section 931 of the FAA Reauthorization Act of 2024.
“(2)
Standards.
Standards for remote pilots or UAS operators for BVLOS operations, taking into account varying levels of automated control and management of UAS flights.
“(3)
Process.
Determinations.
An approval or acceptance process for UAS and associated elements (as defined by the Administrator), which may leverage the creation of a special airworthiness certificate or a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance. Such process—
“(A)
shall not require, but may allow for, the use of type or production certification;
“(B)
shall consider the airworthiness of any UAS that—
“(i)
is within a maximum gross weight or kinetic energy, as determined by the Administrator; and
“(ii)
operates within a maximum speed limit as determined by the Administrator;
“(C)
may require such systems to operate in the national airspace system at altitude limits determined by the Administrator; and
“(D)
may require such systems to operate at standoff distances from the radius of a structure or the structure’s immediate uppermost limit, as determined by the Administrator.
“(4)
Operating rules for UAS that have been approved or accepted as described in paragraph (3).
“(5)
Protocols, if appropriate, for networked information exchange, such as network-based remote identification, in support of BVLOS operations.
“(6)
The safety of manned aircraft operating in the national airspace system and consider the maneuverability and technology limitations of certain aircraft, including hot air balloons.
“(c)
Final Rule.—
Not later than 16 months after publishing the proposed rule under subsection (a), the Administrator shall issue a final rule based on such proposed rule.
“(d)
Savings Clause.—
Nothing in this section shall be construed to require the agency to rescope any rulemaking efforts related to UAS BVLOS operations that are ongoing as of the date of enactment of the FAA Reauthorization Act of 2024.”
(b)
Clerical Amendment.—
The analysis for chapter 448 of title 49, United States Code,
49 USC
prec. 44801.
is amended
by adding
at the end the following:“44811.
Beyond visual line of sight operations for unmanned aircraft systems.”.
SEC. 931.
49 USC 44801 note.
ACCEPTABLE LEVELS OF RISK AND RISK ASSESSMENT METHODOLOGY.
(a)
Deadline.
Determination.
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a risk assessment methodology that allows for the determination of acceptable levels of risk for unmanned aircraft system operations, including operations beyond visual line of sight, conducted—
(1)
under waivers issued to part 107 of title 14, Code of Federal Regulations;
(2)
pursuant to section 44807 of title 49, United States Code; or
(3)
pursuant to other applicable regulations, as appropriate.
(b)
Risk Assessment Methodology Considerations.—
In establishing the risk assessment methodology under this section, the Administrator shall ensure alignment with the considerations included in the order issued by the FAA titled “UAS Safety Risk Management Policy” (FAA Order 8040.6A), and any subsequent amendments to such order, as the Administrator considers appropriate.
(c)
Public information.
Web posting.
Updates.
Publication.—
The Administrator shall make the risk assessment methodology established under this section available to the public on an appropriate website of the Administration and update such methodology as necessary.
SEC. 932.
49 USC 44802 note.
THIRD-PARTY SERVICE APPROVALS.
(a)
Deadline.
Procedures.
Approval Process.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall establish procedures, which may include a rulemaking, to approve third-party service suppliers, including third-party service suppliers of unmanned aircraft system traffic management, to support the safe integration and commercial operation of unmanned aircraft systems.
(b)
Compliance.
Acceptance of Standards.—
In establishing the approval process required under subsection (a), the Administrator shall ensure that, to the maximum extent practicable, industry consensus standards, such as ASTM International Standard F3548–21, titled “UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability”, are included as an acceptable means of compliance for third-party services.
(c)
Approvals.—
In establishing the approval process required under subsection (a), the Administrator shall—
(1)
Definition.
Criteria.
define and implement criteria and conditions for the approval and oversight of third-party service suppliers that—
(A)
could have a direct or indirect impact on air traffic services in the national airspace system; and
(B)
require FAA oversight; and
(2)
Procedures.
establish procedures by which unmanned aircraft systems can use the capabilities and services of third-party service suppliers to support operations.
(d)
Harmonization.—
In carrying out this section, the Administrator shall seek to harmonize, to the extent practicable and advisable, any requirements and guidance for the development, use, and operation of third-party capabilities and services, including 138 STAT. 1368
UTM, with similar requirements and guidance of other civil aviation authorities.
(e)
Coordination.—
In carrying out this section, the Administrator shall consider any relevant information provided by the Administrator of the National Aeronautics and Space Administration regarding research and development efforts the National Aeronautics and Space Administration may have conducted related to the use of UTM providers.
(f)
Third-party Service Supplier Defined.—
In this section, the term “
third-party service supplier
” means an entity other than the FAA that provides a distributed service that affects the safety or efficiency of the national airspace system, including UAS service suppliers, supplemental data service providers, and infrastructure providers, such as providers of ground-based surveillance, command-and-control, and information exchange to another party.(g)
Rules of Construction.—
(1)
Beyond visual line of sight operations.—
Nothing in this section shall be construed to prevent or prohibit beyond visual line of sight operations of unmanned aircraft systems, or other types of operations, through the use of technologies other than third-party capabilities and services.
(2)
Airspace.—
Nothing in this section shall be construed to alter the authorities provided under section 40103 of title 49, United States Code.
SEC. 933.
49 USC 44801 note.
SPECIAL AUTHORITY FOR TRANSPORT OF HAZARDOUS MATERIALS BY COMMERCIAL PACKAGE DELIVERY UNMANNED AIRCRAFT SYSTEMS.
(a)
Deadline.
Requirements.
Standards.
Permits.
In General.—
Notwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary shall, beginning not later than 180 days after enactment of this section, use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under successor authorities, as applicable, based on the weight, amount, and type of hazardous material being transported and the characteristics of the operations subject to such requirements, standards, or special purposes.
(b)
Requirements.—
In carrying out subsection (a), the Secretary shall consider, at a minimum—
(1)
the safety of the public and users of the national airspace system;
(2)
efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems and whether such transportation complies with the hazardous materials regulations under subchapter C of chapter I of title 49, Code of Federal Regulations, including any changes to such regulations issued pursuant to this section;
(3)
the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the risk associated with differing weights, quantities, and packing group classifications of hazardous materials;
(4)
mitigations to the risk of the hazardous materials being transported, based on the weight, amount, and type of materials 138 STAT. 1369
being transported and the characteristics of the operation, including operational and aircraft-based mitigations; and
(5)
the altitude at which unmanned aircraft operations are conducted.
(c)
Requirement.
Safety Risk Assessments.—
The Secretary may require unmanned aircraft systems operators to submit a safety risk assessment acceptable to the Administrator, as part of the operator certification process, in order for such operators to perform the carriage of hazardous materials as authorized under this section.
(d)
Conformity of Hazardous Materials Regulations.—
The Secretary shall make such changes as are necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall be made concurrently with the activities described in subsection (a).
(e)
Stakeholder Input on Changes to the Hazardous Materials Regulations.—
(1)
Deadline.
Public information.
Implementation.—
Not later than 180 days of the date of enactment of this Act, the Secretary shall hold a public meeting to obtain input on changes necessary to implement this section.
(2)
Periodic updates.—
The Secretary shall—
(A)
Review.
periodically review, as necessary, amounts of hazardous materials allowed to be carried by unmanned aircraft systems pursuant to this section; and
(B)
Determination.
determine whether such amounts should be revised, based on operational and safety data, without negatively impacting overall aviation safety.
(f)
Savings Clause.—
Nothing in this section shall be construed to—
(1)
limit the authority of the Secretary, the Administrator, or the Administrator of the Pipeline and Hazardous Materials Safety Administration from implementing requirements to ensure the safe carriage of hazardous materials by aircraft; and
(2)
confer upon the Administrator the authorities of the Administrator of the Pipeline and Hazardous Materials Safety Administration under part 175 of title 49, Code of Federal Regulations, and chapter 51 of title 49, United States Code.
(g)
Definition of Hazardous Materials.—
In this section, the term “
hazardous materials
” has the meaning given such term in section 5102 of title 49, United States Code.SEC. 934.
Deadlines.
49 USC 44801 note.
OPERATIONS OVER HIGH SEAS.
(a)
Processes.
In General.—
To the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation (in this section referred to as “ICAO”), the Administrator shall work with other civil aviation authorities to establish and implement operational approval processes to permit unmanned aircraft systems to operate over the high seas within flight information regions for which the United States is responsible for operational control.
(b)
Consultation.—
In establishing and implementing the operational approval process under subsection (a), the Administrator shall consult with appropriate stakeholders, including industry stakeholders.138 STAT. 1370
(c)
ICAO Activities.—
Not later than 6 months after the date of enactment of this Act, the Administrator shall engage ICAO through the submission of a working paper, panel proposal, or other appropriate mechanism to clarify the permissibility of unmanned aircraft systems to operate over the high seas.
(d)
Briefing.
Review.—
Not later than 6 months after the date of enactment of this Act, the Administrator shall review whether, and to what extent, ICAO member states are approving the operation of unmanned aircraft systems over the high seas and brief the appropriate committees of Congress regarding the findings of such review.
SEC. 935.
PROTECTION OF PUBLIC GATHERINGS.
(a)
In General.—
Chapter 448 of title 49, United States Code, is further amended by .138 STAT. 1372
adding
at the end the following:Ҥ 44812.
49 USC 44812.
Temporary flight restrictions for unmanned aircraft
“(a)
In General.—
“(1)
Temporary flight restrictions.—
The Administrator of the Federal Aviation Administration shall, upon the request by an eligible entity, temporarily restrict unmanned aircraft operations over eligible large public gatherings.
“(2)
Denial.—
Notwithstanding paragraph (1), the Administrator may deny a request for a temporary flight restriction sought under paragraph (1) if—
“(A)
the temporary flight restriction would be inconsistent with aviation safety or security, would create a hazard to people or property on the ground, or would unnecessarily interfere with the efficient use of the airspace;
“(B)
the entity seeking the temporary flight restriction does not comply with the requirements in subsection (b);
“(C)
the eligibility requirements in subsections (c) and (d) have not been met;
“(D)
a flight restriction exists to the airspace overlying the same location as the temporary flight restriction sought under this section; or
“(E)
the Administrator determines appropriate for any other reason.
“(b)
Requirements.—
“(1)
Time period.
Advance notice.—
Eligible entities may only request a temporary flight restriction under subsection (a) not less than 30 calendar days prior to the eligible large public gathering.
“(2)
Required information.—
Eligible entities seeking a temporary flight restriction under this section shall provide the Administrator with all relevant information, including the following:
“(A)
Geographic boundaries of the stadium or other venue hosting the eligible large public gathering, as applicable.
“(B)
The dates and anticipated starting and ending times for the large public gathering.
“(C)
Points of contact for the requesting eligible entity and the on-scene incident command responsible for securing the large public gathering.138 STAT. 1371
“(D)
Any other information the Administrator considers necessary to establish the restriction.
“(c)
Eligible Large Public Gatherings.—
“(1)
In general.—
To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a stadium or other venue shall—
“(A)
be hosted in a stadium or other venue that—
“(i)
has previously hosted events qualifying for the application of special security instructions in accordance with section 521 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (Public Law 108–199); and
“(ii)
is not enclosed;
“(B)
have an estimated attendance of at least 30,000 people; and
“(C)
be advertised in the public domain.
“(2)
Additional gatherings.—
To be eligible for a temporary flight restriction under this section, large public gatherings hosted in a venue other than a stadium or other venue described in paragraph (1)(A) shall—
“(A)
have an estimated attendance of at least 100,000 people;
“(B)
be primarily outdoors;
“(C)
have a defined and static geographical boundary; and
“(D)
be advertised in the public domain.
“(d)
Eligible Entities.—
An entity eligible to request a temporary flight restriction under subsection (a) shall be a credentialed law enforcement organization of the Federal Government or a State, local, Tribal, or territorial government.
“(e)
Assessment.
Timeliness.—
The Administrator shall make every practicable effort to assess eligibility and establish temporary flight restrictions under subsection (a) in a timely fashion.
“(f)
Time period.
Public Information.—
Any temporary flight restriction designated under this section shall be published by the Administrator in a publicly accessible manner at least 2 days prior to the start of the eligible large public gathering.
“(g)
Prohibition on Operations.—
No person may operate an unmanned aircraft within a temporary flight restriction established under this section unless—
“(1)
the Administrator authorizes the operation for operational or safety purposes;
“(2)
the operation is being conducted for safety, security, or compliance oversight purposes and is authorized by the Administrator; or
“(3)
the aircraft operation is conducted with the approval of the eligible entity.
“(h)
Savings Clause.—
Nothing in this section may be construed as prohibiting the Administrator from authorizing the operation of an aircraft, including an unmanned aircraft system, over, under, or within a specified distance from an eligible large public gathering for which a temporary flight restriction has been established under this section or cancelling a temporary flight restriction established under this section.
“(i)
Rule of Construction.—
Nothing in this section shall be construed to prevent the Administrator from using existing processes or procedures to meet the intent of this section.”
(b)
Clerical Amendment.—
The analysis for chapter 448 of title 49, United States Code,
49 USC
prec. 44801.
is further amended byadding
at the end the following:“44812.
Temporary flight restrictions for unmanned aircraft.”.
SEC. 936.
49 USC 44801 note.
COVERED DRONE PROHIBITION.
(a)
Grants.
Prohibitions.—
The Secretary is prohibited from—
(1)
Contracts.
entering into, extending, or renewing a contract or awarding a grant—
(A)
for the operation, procurement, or contracting action with respect to a covered unmanned aircraft system; or
(B)
Determination.
to an entity that operates (as determined by the Administrator) a covered unmanned aircraft system in the performance of such contract;
(2)
issuing a grant to a covered foreign entity for any project related to covered unmanned aircraft systems; and
(3)
operating a covered unmanned aircraft system.
(b)
Grants.
Contracts.
Exemptions.—
The Secretary is exempt from any prohibitions under subsection (a) if the grant, operation, procurement, or contracting action is for the purposes of testing, researching, evaluating, analyzing, or training related to—
(1)
unmanned aircraft detection systems and counter-UAS systems, including activities conducted—
(A)
under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA; or
(B)
by the unmanned aircraft system test ranges designated under section 44803 of title 49, United States Code;
(2)
the safe, secure, or efficient operation of the national airspace system or maintenance of public safety;
(3)
the safe integration of advanced aviation technologies into the national airspace system, including activities carried out under the Alliance for System Safety of UAS through Research Excellence Center of Excellence of the FAA;
(4)
in coordination with other relevant Federal agencies, determining security threats of covered unmanned aircraft systems; and
(5)
intelligence, electronic warfare, and information warfare operations.
(c)
Notification.
Deadline.
Waivers.—
The Secretary may waive any restrictions under subsection (a) on a case-by-case basis by notifying the appropriate committees of Congress in writing, not later than 15 days after waiving such restrictions, that the procurement or other activity is in the public interest.
(d)
Replacement of Certain Unmanned Aircraft Systems.—
(1)
In general.—
The Secretary shall take such actions as are necessary to replace any covered unmanned aircraft system that is owned or operated by the Department of Transportation as of the date of enactment of this Act with an unmanned aircraft system manufactured in the United States or an allied country (as such term is defined in section 2350f(d)(1) of title 10, United States Code) if the capabilities of such covered unmanned aircraft system are consequential to the work of the Department or the mission of the Department.138 STAT. 1373
(2)
Appropriation
authorization.
Funding.—
There is authorized to be appropriated to the Secretary $5,000,000 to carry out this subsection.
(e)
Effective Dates.—
(1)
Operations.—
The prohibitions under paragraphs (1) and (3) of subsection (a) shall be in effect on the date of enactment of this Act.
(2)
Grants.—
The prohibitions under paragraphs (1) and (2) of subsection (a) shall—
(A)
not apply to grants awarded before the date of enactment of this Act; and
(B)
Applicability.
apply to grants awarded after the date of enactment of this Act.
(f)
Application of Prohibitions.—
The prohibitions under subsection (a) are applicable to all offices and programs of the Department of Transportation, including—
(1)
aviation research grant programs;
(2)
aviation workforce development programs established under section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note);
(3)
FAA Air Transportation Centers of Excellence;
(4)
programs established under sections 631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note); and
(5)
the airport improvement program under subchapter I of chapter 471 of title 49, United States Code.
(g)
Rule of Construction.—
Nothing in this section shall prevent a State, local, Tribal, or territorial governmental agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal funding.
(h)
Definitions.—
In this section:
(1)
Covered foreign country.—
The term “
covered foreign country
” means any of the following:(A)
The People’s Republic of China.
(B)
The Russian Federation.
(C)
The Islamic Republic of Iran.
(D)
The Democratic People’s Republic of Korea.
(E)
The Bolivarian Republic of Venezuela.
(F)
The Republic of Cuba.
(G)
Any other country the Secretary determines necessary.
(2)
Covered foreign entity.—
The term “
covered foreign entity
” means—(A)
an entity included on the list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management;
(B)
an entity included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;
(C)
an entity that is domiciled in, or under the influence or control of, a covered foreign country; or
(D)
an entity that is a subsidiary or affiliate of an entity described under subparagraphs (A) through (C).
(3)
Covered unmanned aircraft system.—
The term “
covered unmanned aircraft system
” means—(A)
a small unmanned aircraft, an unmanned aircraft, and unmanned aircraft system, or the associated elements 138 STAT. 1374
of such aircraft and aircraft systems related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System which is manufactured or assembled by a covered foreign entity; and
(B)
an unmanned aircraft detection system or counter-UAS system that is manufactured or assembled by a covered foreign entity.
SEC. 937.
49 USC 44803 note.
EXPANDING USE OF INNOVATIVE TECHNOLOGIES IN THE GULF OF MEXICO.
(a)
In General.—
The Administrator shall prioritize the authorization of an eligible UAS test range sponsor partnering with an eligible airport authority to achieve the goals specified in subsection (b).
(b)
Goals.—
The goals of a partnership authorized pursuant to subsection (a) shall be to test the operations of innovative technologies in both commercial and non-commercial applications, consistent with existing law, to—
(1)
identify challenges associated with aviation operations over large bodies of water;
(2)
provide transportation of cargo and passengers to offshore energy infrastructure;
(3)
Assessment.
assess the impacts of operations in saltwater environments;
(4)
identify the challenges of integrating such technologies in complex airspace, including with commercial rotorcraft; and
(5)
identify the differences between coordinating with Federal air traffic control towers and towers operated under the FAA Contract Tower Program.
(c)
Briefing to Congress.—
The Administrator shall provide an annual briefing to the appropriate committees of Congress on the status of the partnership authorized under this section, including detailing any barriers to the commercialization of innovative technologies in the Gulf of Mexico.
(d)
Definitions.—
In this section:
(1)
Eligible airport authority.—
The term “
eligible airport authority
” means an AIP-eligible airport authority that is—(A)
located in a state bordering the Gulf of Mexico which does not already contain a UAS Test Range;
(B)
has an air traffic control tower operated under the FAA Contract Tower Program;
(C)
is located within 60 miles of a port; and
(D)
does not have any scheduled passenger airline service as of the date of the enactment of this Act.
(2)
Innovative technologies.—
The term “
innovative technologies
” means unmanned aircraft systems and powered-lift aircraft.(3)
UAS.—
The term “
UAS
” means an unmanned aircraft system.138 STAT. 1375Subtitle B—
Advanced Air Mobility
SEC. 951.
49 USC 40101 note.
DEFINITIONS.
In this subtitle:
(1)
Advanced air mobility.—
The terms “advanced air mobility” and “AAM” mean a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft.
(2)
Powered-lift aircraft.—
The term “
powered-lift aircraft
” has the meaning given the term “powered-lift
” in section 1.1 of title 14, Code of Federal Regulations.(3)
Regional air mobility.—
The term “
regional air mobility
” means the movement of passengers or property by air between 2 points using an airworthy aircraft that—(A)
has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies;
(B)
has a maximum takeoff weight of greater than 1,320 pounds; and
(C)
is not urban air mobility.
(4)
Urban air mobility.—
The term “
urban air mobility
” means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—(A)
has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and
(B)
has a maximum takeoff weight of greater than 1,320 pounds.
(5)
Vertiport.—
The term “
vertiport
” means an area of land, water, or a structure used or intended to be used to support the landing, takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and performance standards established by the Administrator can accommodate.SEC. 952.
49 USC 40101 note.
SENSE OF CONGRESS ON FAA LEADERSHIP IN ADVANCED AIR MOBILITY.
It is the sense of Congress that—
(1)
the United States should take actions to become a global leader in advanced air mobility;
(2)
as such a global leader, the FAA should—
(A)
prioritize work on the type certification of powered-lift aircraft;
(B)
publish, in line with stated deadlines, rulemakings and policy necessary to enable commercial operations, such as the Special Federal Aviation Regulation of the FAA titled “Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes”, issued on June 14, 2023 (2120-AL72);
(C)
work with global partners to promote acceptance of advanced air mobility products; and
(D)
leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations; and138 STAT. 1376
(3)
the FAA should work with manufacturers, prospective operators of powered-lift aircraft, and other relevant stakeholders to enable the safe entry of such aircraft into the national airspace system.
SEC. 953.
49 USC 40101 note.
APPLICATION OF NATIONAL ENVIRONMENTAL POLICY ACT CATEGORICAL EXCLUSIONS FOR VERTIPORT PROJECTS.
In considering the environmental impacts of a proposed vertiport project on an airport for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Administrator shall—
(1)
apply any applicable categorical exclusions in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations; and
(2)
Consultation.
after consultation with the Council on Environmental Quality, take steps to establish additional categorical exclusions, as appropriate, for vertiports on an airport, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.
SEC. 954.
49 USC 40101 note.
ADVANCED AIR MOBILITY WORKING GROUP AMENDMENTS.
Section 2 of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note)
is amended
—(1)
in subsection (b) by
striking
“, particularly passenger-carrying aircraft,”;(2)
in subsection (d)(1) by ;
striking
subparagraph (D) and inserting
the following:“(D)
operators of airports, heliports, and vertiports, and fixed-base operators;”
(3)
in subsection (e)—
(A)
in the matter preceding paragraph (1) by
striking
“1 year” and inserting
“18 months”;(B)
in paragraph (3) by
inserting
“or that may impede such maturation” after “AAM industry”;(C)
in paragraph (7) by
striking
“and” at the end;(D)
in paragraph (8) by
striking
the period at the end and inserting
“; and”; and(E)
by ;
adding
at the end the following:“(9)
processes and programs that can be leveraged to improve the efficiency of Federal reviews required for infrastructure development, including for electrical capacity projects.”
(4)
in subsection (f)—
(A)
in paragraph (1) by
striking
“and” at the end;(B)
by
redesignating
paragraph (2) as paragraph (3);(C)
by ; and
inserting
after paragraph (1) the following new paragraph:“(2)
recommendations for sharing expertise and data on critical items, including long-term electrification requirements and the needs of cities (from a macro-electrification standpoint) to enable the deployment of AAM; and”
(D)
in paragraph (3), as redesignated by paragraph (2) of this section, by
striking
“paragraph (1)” and inserting
“paragraphs (1) and (2)”.(5)
in subsection (g)—138 STAT. 1377
(A)
in the matter preceding paragraph (1) by
striking
“working group” and inserting
“Secretary of Transportation”;(B)
in paragraph (1) by
striking
“and” at the end;(C)
by
redesignating
paragraph (2) as paragraph (3); and(D)
by ;
inserting
after paragraph (1) the following:“(2)
summarizing any dissenting views and opinions of a participant of the working group described in subsection (c)(3); and”
(6)
in subsection (h)—
(A)
by ; and
striking
“Not later than 30 days” and inserting
the following:“(1)
In general.—
Not later than 30 days”
(B)
by ; and
adding
at the end the following:“(2)
Considerations for termination of working group.—
In deciding whether to terminate the working group under this subsection, the Secretary, in consultation with the Administrator of the Federal Aviation Administration, shall consider other interagency coordination activities associated with AAM, or other new or novel users of the national airspace system, that could benefit from continued wider interagency coordination.”
(7)
in subsection (i)—
(A)
in paragraph (1) by
striking
“transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft,” and inserting
“is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft”;(B)
by
redesignating
paragraph (5) as paragraph (7);(C)
by
redesignating
paragraph (6) as paragraph (9);(D)
Definitions.
by ;
inserting
after paragraph (4) the following:“(5)
Powered-lift aircraft.—
The term ‘
powered-lift aircraft
’ has the meaning given the term ‘powered-lift
’ in section 1.1 of title 14, Code of Federal Regulations.“(6)
Regional air mobility.—
The term ‘
regional air mobility
’ means the movement of passengers or property by air between 2 points using an airworthy aircraft that—“(A)
has advanced technologies, such as distributed propulsion, vertical take-off and landing, powered-lift, non-traditional power systems, or autonomous technologies;
“(B)
has a maximum takeoff weight of greater than 1,320 pounds; and
“(C)
is not urban air mobility.”
(E)
by ; and138 STAT. 1378
inserting
after paragraph (7), as so redesignated, the following:“(8)
Urban air mobility.—
The term ‘
urban air mobility
’ means the movement of passengers or property by air between 2 points in different cities or 2 points within the same city using an airworthy aircraft that—“(A)
has advanced technologies, such as distributed propulsion, vertical takeoff and landing, powered lift, nontraditional power systems, or autonomous technologies; and
“(B)
has a maximum takeoff weight of greater than 1,320 pounds.”
(F)
by .
adding
at the end the following:“(10)
Vertiport.—
The term ‘
vertiport
’ means an area of land, water, or a structure, used or intended to be used to support the landing, take-off, taxiing, parking, and storage of powered lift or other aircraft that vertiport design and performance standards established by the Administrator can accommodate.”SEC. 955.
Certification.
49 USC 40101 note.
RULES FOR OPERATION OF POWERED-LIFT AIRCRAFT.
(a)
SFAR Rulemaking.—
(1)
Deadline.
Publication.
Procedures.
In general.—
Not later than 7 months after the date of enactment of this Act, the Administrator shall publish a final rule for the Special Federal Aviation Regulation of the FAA titled “Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes”, issued on June 14, 2023 (2120–AL72), establishing procedures for certifying pilots of powered-lift aircraft and providing operational rules for powered-lift aircraft capable of transporting passengers and cargo.
(2)
Requirements.—
With respect to any powered-lift aircraft type certificated by the Administrator, the regulations established under paragraph (1) shall—
(A)
provide a practical pathway for pilot qualification and operations;
(B)
establish performance-based requirements for energy reserves and other range- and endurance-related requirements that reflect the capabilities and intended operations of the aircraft;
(C)
provide for a combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft; and
(D)
to the maximum extent practicable, align powered-lift pilot qualifications with section 2.1.1.4 of Annex 1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization.
(3)
Considerations.—
In developing the regulations required under paragraph (1), the Administrator shall—
(A)
consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft;
(B)
Consultation.
consult with the Secretary of Defense with regard to—
(i)
the Agility Prime program of the United States Air Force;
(ii)
powered-lift aircraft evaluated and deployed for military purposes, including the F–35B program; and
(iii)
the commonalities and differences between powered-lift aircraft types and the handling qualities of such aircraft; and
(C)
consider the adoption of the recommendations for powered-lift operations, as appropriate, contained in document 10103 of the International Civil Aviation Organization titled “Guidance on the Implementation of ICAO 138 STAT. 1379
Standards and Recommended Practices for Tilt-rotors”, published in 2019.
(b)
Interim Application of Rules and Privileges in Lieu of Rulemaking.—
(1)
Effective date.
In general.—
Beginning 16 months after the date of enactment of this Act, if a final rule has not been published pursuant to subsection (a)—
(A)
the rules in effect on the date that is 16 months after the date of enactment of this Act that apply to the operation and the operator of rotorcraft or fixed-wing aircraft under subchapters F, G, H, and I of chapter 1 of title 14, Code of Federal Regulations, shall be—
(i)
deemed to apply to—
(I)
the operation of a powered-lift aircraft in the national airspace system; and
(II)
the operator of such a powered-lift aircraft; and
(ii)
Determination.
applicable, as determined by the operator of an airworthy powered-lift aircraft in consultation with the Administrator, and consistent with sections 91.3 and 91.13 of title 14, Code of Federal Regulations; and
(B)
upon the completion of a type rating for a specific powered-lift aircraft, airmen that hold a pilot or instructor certification with airplane category ratings in any class or rotorcraft category ratings in the helicopter class shall be deemed to have privileges of a powered-lift rating for such specific powered-lift aircraft.
(2)
Termination of interim rules and privileges.—
This subsection shall cease to have effect 1 month after the effective date of a final rule issued pursuant to subsection (a).
(c)
Powered-lift Aircraft Aviation Rulemaking Committee.—
(1)
Deadline.
Establishment.
Recommenda-
tions.
In general.—
Not later than 3 years after the date on which the Administrator issues the first certificate to commercially operate a powered-lift aircraft, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the “Committee”) to provide the Administrator with specific findings and recommendations for, at a minimum, the creation of a standard pathway for the—
(A)
performance-based certification of powered-lift aircraft;
(B)
certification of airmen capable of serving as pilot-in-command of a powered-lift aircraft; and
(C)
operation of powered-lift aircraft in commercial service and air transportation.
(2)
Considerations.—
In providing findings and recommendations under paragraph (1), the Committee shall consider the following:
(A)
Outcome-driven safety objectives to spur innovation and technology adoption and promote the development of performance-based regulations.
(B)
Lessons and insights learned from previously published special conditions and other Federal Register notices of airworthiness criteria for powered-lift aircraft.
(C)
To the maximum extent practicable, aligning powered-lift pilot qualifications with section 2.1.1.4 of Annex 138 STAT. 1380
1 to the Convention on International Civil Aviation published by the International Civil Aviation Organization.
(D)
The adoption of the recommendations contained in document 10103 of the International Civil Aviation Organization titled “Guidance on the Implementation of ICAO Standards and Recommended Practices for Tilt-rotors”, published in 2019, as appropriate.
(E)
Practical pathways for pilot qualification and operations.
(F)
Performance-based requirements for energy reserves and other range- and endurance-related designs and technologies that reflect the capabilities and intended operations of the aircraft.
(G)
A combination of pilot training requirements, including simulators, to ensure the safe operation of powered-lift aircraft.
(3)
Report.—
The Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee.
(d)
Powered-lift Aircraft Rulemaking.—
(1)
Deadline.
Recommenda-
tions.
In general.—
Not later than 270 days after the date on which the Committee submits the report under subsection (c)(3), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.
(2)
Requirements.—
In developing the rulemaking under paragraph (1), the Administrator shall—
(A)
Consultation.
consult with the Secretary of Defense with regard to methods for pilots to gain proficiency and earn the necessary ratings required to act as a pilot-in-command of powered-lift aircraft;
(B)
Plan.
consider and plan for unmanned and remotely piloted powered-lift aircraft, and the associated elements of such aircraft, through the promulgation of performance-based regulations;
(C)
consider any information and experience gained from operations and efforts that occur as a result of the Special Federal Aviation Regulation of the FAA titled “Integration of Powered-Lift: Pilot Certification and Operations; Miscellaneous Amendments Related to Rotorcraft and Airplanes”, issued on June 14, 2023 (2120–AL72);
(D)
consider whether to grant an individual with an existing commercial airplane (single- or multi-engine) or helicopter pilot certificate the authority to serve as pilot-in-command of a powered-lift aircraft in commercial operation following the completion of an FAA-approved pilot type rating for such type of aircraft;
(E)
work to harmonize the certification and operational requirements of the FAA with those of civil aviation authorities with bilateral safety agreements in place with the United States, to the extent such harmonization does not negatively impact domestic manufacturers and operators; and
(F)
Plan.
Review.
consider and plan for the use of alternative fuel types and propulsion methods, including reviewing the performance-based nature of parts 33 and 35 of title 14, 138 STAT. 1381
Code of Federal Regulations, and any related recommendations provided to the Administrator by the aviation rulemaking advisory committee described in section 956.
SEC. 956.
Deadlines.
Recommenda-
tions.
Certifications.
49 USC 40101 note.
ADVANCED PROPULSION SYSTEMS REGULATIONS.
(a)
In General.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the “Committee”) to provide the Administrator with specific findings and recommendations for regulations related to the certification and installation of—
(1)
electric engines and propellers;
(2)
hybrid electric engines and propulsion systems;
(3)
hydrogen fuel cells;
(4)
hydrogen combustion engines or propulsion systems; and
(5)
other new or novel propulsion mechanisms and methods as determined appropriate by the Administrator.
(b)
Considerations.—
In carrying out subsection (a), the Committee shall consider, at a minimum, the following:
(1)
Outcome-driven safety objectives to spur innovation and technology adoption, and promote the development of performance-based regulations.
(2)
Lessons and insights learned from previously published special conditions and other published airworthiness criteria for novel engines, propellers, and aircraft.
(3)
The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for standalone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.
(c)
Report.—
Not later than 1 year after providing findings and recommendations under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing such findings and recommendations.
(d)
Briefing.—
Not later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding plans of the FAA in response to the findings and recommendations contained in the report.
SEC. 957.
Updates.
Policies.
49 USC 40101 note.
POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.
(a)
In General.—
The Administrator shall, in consultation with exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code, and any relevant stakeholder as determined appropriate by the Administrator, take such actions as may be necessary to safely integrate powered-lift aircraft into the national airspace system, including in controlled airspace, and learn from any efforts to adopt and update related policy and guidance.
(b)
Deadline.
Air Traffic Policies for Entry Into Service.—
Not later than 40 months after the date of enactment of this Act, the Administrator shall update air traffic orders and policies, to the extent necessary, and address air traffic control system challenges in order to allow for—
(1)
the use of existing air traffic procedures, where determined to be safe by the Administrator, by powered-lift aircraft; and138 STAT. 1382
(2)
the approval of letters of agreement between air traffic control system facilities and powered-lift operators and infrastructure operators to minimize the amount of active coordination required for safe recurring powered-lift aircraft operations, as appropriate.
(c)
Effective date.
Long-term Air Traffic Policies.—
Beginning 40 months after the date of enactment of this Act, the Administrator shall—
(1)
continue to update air traffic orders and policies to support the operation of powered-lift aircraft;
(2)
Procedures.
to the extent necessary, develop powered-lift specific procedures for airports, heliports, and vertiports;
(3)
Evaluation.
evaluate the human factors impacts on controllers associated with managing powered-lift aircraft operations, consider the impact of additional operations on air traffic controller staffing, and make necessary changes to staffing, procedures, regulations, and orders; and
(4)
consider the use of third-party service providers to manage increased operations in controlled airspace to support, supplement, and enhance the work of air traffic controllers.
SEC. 958.
Deadlines.
49 USC 40101 note.
INFRASTRUCTURE SUPPORTING VERTICAL FLIGHT.
(a)
Publications.
Update to Design Standards.—
The Administrator shall—
(1)
Memorandums.
not later than December 31, 2024, publish an update to the memorandum of the FAA titled “Engineering Brief No. 105, Vertiport Design”, issued on September 21, 2022 (EB No. 105);
(2)
not later than December 31, 2025, publish a performance-based vertiport design advisory circular; and
(3)
begin the work necessary to update the advisory circular of the FAA titled “Heliport Design” (Advisory Circular 150/5390) in order to provide performance-based guidance for heliport design, including consideration of alternative fuel and propulsion mechanisms.
(b)
Engineering Brief Sunset.—
Upon the publication of an advisory circular pursuant to subsection (a)(2), the Administrator shall cancel the memorandum described in subsection (a)(1).
(c)
Notice.
Dual Use Facilities.—
The Administrator shall establish a mechanism by which owners and operators of aviation infrastructure can safely accommodate, or file a notice to accommodate, powered-lift aircraft if such infrastructure meets the safety requirements or guidance of the FAA for such aircraft.
(d)
Guidance, Forms, and Planning.—
The Administrator shall—
(1)
not later than 18 months after the date of enactment of this Act, ensure airport district offices of the FAA have sufficient guidance and policy direction regarding the use and applicability of heliport and vertiport design standards of the FAA, and update such guidance routinely;
(2)
Determination.
Updates.
determine if updates to FAA Form 7460 and Form 7480 are necessary and update such forms, as appropriate; and
(3)
ensure that the methodology and underlying data sources of the Terminal Area Forecast of the FAA include commercial operations conducted by aircraft regardless of propulsion type or fuel type.138 STAT. 1383
SEC. 959.
Updates.
Records.
Process.
49 USC 40101 note.
CHARTING OF AVIATION INFRASTRUCTURE.
The Administrator shall increase efforts to update and keep current the Airport Master Record of the FAA, including by establishing a streamlined process by which the owners and operators of public and private aviation facilities with nontemporary, nonintermittent operations are encouraged to keep the information on such facilities current.
SEC. 960.
49 USC 40101 note.
ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM EXTENSION.
Section 101 of division Q of the Consolidated Appropriations Act, 2023 (49 U.S.C. 40101 note)
is amended
—(1)
in subsection (b)—
(A)
in paragraph (2)—
(i)
in subparagraph (A) by
inserting
“, as well as the use of existing airport and heliport infrastructure that may require modifications to safely accommodate AAM operations,” after “vertiport infrastructure”; and(ii)
in subparagraph (B)—
(I)
in clause (iii) by
striking
“vertiport” and inserting
“locations for”;(II)
in clause (iv) by
inserting
“and guidance” after “any standards”;(III)
in clause (v) by
striking
“vertiport infrastructure” and inserting
“urban air mobility and regional air mobility operations”; and(IV)
in clause (x) by
inserting
“or the modification of aviation infrastructure” after “operation of a vertiport”;(B)
in paragraph (4)(B) by
inserting
“the Department of Defense, the National Guard,” before “or”; and(C)
in paragraph (6)—
(i)
in subparagraph (A) by
striking
“September 30, 2025” and inserting
“September 30, 2027”; and(ii)
in subparagraph (B)—
(I)
in clause (i) by
striking
“and” at the end;(II)
in clause (ii) by
striking
the period at the end and inserting
“; and”; and(III)
by ;
adding
at the end the following:“(iii)
a description of—
“(I)
initial community engagement efforts and responses from the public on the planning and development efforts of eligible entities related to urban air mobility and regional air mobility operations;
“(II)
how eligible entities are planning for and encouraging early adoption of urban air mobility and regional air mobility operations;
“(III)
what role each level of government plays in the process; and
“(IV)
whether such entities recommend specific regulatory or guidance actions be taken by the Secretary or any other head of a Federal agency in order to support such early adoption.”
(2)
by ;
striking
subsection (c)(1) and inserting
the following:138 STAT. 1384
“(1)
Time periods.
Authorization.—
Out of amounts made available under section 106(k) of title 49, United States Code, there are authorized to carry out this section $12,500,000 for each of fiscal years 2023 through 2026, to remain available until expended.”
(3)
in subsection (d) by
striking
“2024” and inserting
“2026” each place it appears; and(4)
in subsection (e)—
(A)
by ; and
striking
paragraph (1) and inserting
the following:“(1)
Advanced air mobility; aam; regional air mobility; urban air mobility; vertiport.—
Definitions.
The terms ‘advanced air mobility’, ‘AAM’, ‘regional air mobility’, ‘urban air mobility’, and ‘vertiport’ have the meaning given such terms in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note).”(B)
by
striking
paragraphs (9) and (10).SEC. 961.
49 USC 40101 note.
CENTER FOR ADVANCED AVIATION TECHNOLOGIES.
(a)
Deadline.
Plan.—
Not later than 90 days after the date of enactment of this Act, the Administrator shall develop a plan to establish a Center for Advanced Aviation Technologies to support the testing and advancement of new and emerging aviation technologies.
(b)
Consultation.—
In developing the plan under subsection (a), the Administrator may consult with the Advanced Air Mobility Working Group established in the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203), as amended by this Act, and the interagency working group established in section 1042 of this Act.
(c)
Considerations.—
In developing the plan under subsection (a), the Administrator shall consider as roles and responsibilities for the Center for Advanced Aviation Technologies—
(1)
developing an airspace laboratory and flight demonstration zones to facilitate the safe integration of advanced air mobility aircraft into the national airspace system, with at least 1 such zone to be established within the same geographic region as the Center for Advanced Aviation Technologies and that also has aviation manufacturers with relevant expertise, such as powered-lift;
(2)
establishing testing corridors for the purposes of validating air traffic requirements for advanced air mobility operations, operational procedures, and performance requirements, with at least 1 such corridor to be established within the same geographic region as the Center for Advanced Aviation Technologies;
(3)
developing and facilitating technology partnerships with, and between, industry, academia, and other government agencies, and supporting such partnerships;
(4)
identifying new and emerging aviation technologies, innovative aviation concepts, and relevant aviation services, including advanced air mobility, powered-lift aircraft, and other advanced aviation technologies, as determined appropriate by the Administrator; and
(5)
any other duties, as determined appropriate by the Administrator.
(d)
Deadline.
Plan.
Submission to Congress.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit 138 STAT. 1385
to the Committee on Transportation and Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the plan developed under subsection (a).
(e)
Deadline.
Establishment.
Center.—
Not later than September 30, 2026, the Administrator shall establish the Center for Advanced Aviation Technologies in accordance with the plan developed under subsection (a). In choosing the location for the Center for Advanced Aviation Technologies, the Administrator shall give preference to a community or region with a strong aeronautical presence, specifically the presence of—
(1)
a large commercial airport or large air logistics center;
(2)
aviation manufacturing with expertise in advanced aviation technologies, such as powered-lift;
(3)
existing FAA facilities or offices, such as a Center, Institute, certificate management office, or a regional headquarters;
(4)
airspace utilized for advanced aviation technology testing activity, and capable of supporting a wide range of use cases;
(5)
proximity to both rural and urban communities;
(6)
State, local, or Tribal governments;
(7)
programs to support public-private partnerships for advanced aviation technologies; and
(8)
academic institutions that offer programs relating to advanced aviation technologies engineering.
(f)
Time periods.
Authorization.—
Out of amounts made available under section 106(k) of title 49, United States Code, $35,000,000 for each of fiscal years 2025 through 2028 is authorized to carry out this section.
(g)
Interaction With Other Entities.—
The Administrator, in carrying out this section, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and, as appropriate, the unmanned aircraft test ranges established in section 44803 of title 49, United States Code.
(h)
Savings Clauses.—
Nothing in this section shall be construed to interfere with any of the following activities:
(1)
The ongoing activities of the unmanned aircraft test ranges established in section 44803 of title 49, United States Code, to the maximum extent practicable.
(2)
The ongoing activities of the William J. Hughes Technical Center for Advanced Aerospace, to the maximum extent practicable.
(3)
The ongoing activities of the Center of Excellence for Unmanned Aircraft Systems, to the maximum extent practicable.
(4)
The ongoing activities of the Mike Monroney Aeronautical Center, to the maximum extent practicable.138 STAT. 1386
TITLE X—
RESEARCH AND DEVELOPMENT
Subtitle A—
General Provisions
SEC. 1001.
49 USC 40101 note.
DEFINITIONS.
In this title:
(1)
Covered committees of congress.—
The term “
covered committees of Congress
” means the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.(2)
NASA.—
The term “
NASA
” means the National Aeronautics and Space Administration.SEC. 1002.
RESEARCH, ENGINEERING, AND DEVELOPMENT AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code,
is amended
—(1)
in paragraph (15) by
striking
“; and” and inserting
a semicolon; and(2)
Time periods.
by .
striking
paragraph (16) and inserting
the following:“(16)
$280,000,000 for fiscal year 2024;
“(17)
$311,000,000 for fiscal year 2025;
“(18)
$323,000,000 for fiscal year 2026;
“(19)
$334,000,000 for fiscal year 2027; and
“(20)
$345,000,000 for fiscal year 2028.”
SEC. 1003.
Assessment.
REPORT ON IMPLEMENTATION; FUNDING FOR SAFETY RESEARCH AND DEVELOPMENT.
Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the covered committees of Congress a report on the allocation of funding pursuant to section 48102 of title 49, United States Code, to the Secretary to conduct civil aviation research and development and to assess the implementation of section 48102(b)(2) of such title.
SEC. 1004.
NATIONAL AVIATION RESEARCH PLAN MODIFICATION.
(a)
Modification of Submission Deadline.—
Section 44501(c)(1) of title 49, United States Code,
is amended
—(1)
by
striking
“the date of submission” and inserting
“the date that is 30 days after the date of submission”; and(2)
Reports.
Delay letter.
by
adding
at the end the following “If such report cannot be prepared and submitted by the date that is 30 days after the date of submission of the President’s budget to Congress, the Administrator shall submit, before such date, a letter to the Chairman and Ranking Member of the Committee on Commerce, Science, and Transportation of the Senate and the Committee of Science, Space, and Technology of the House of Representatives stating the reason for delayed submission, impacts of the delay, and actions taken to address circumstances that led to the delay.”.(b)
Conforming Amendment.—
Section 48102(g) of title 49, United States Code,
is amended
by striking
“the date of submission” and inserting
“the date that is 30 days after the date of submission”.138 STAT. 1387SEC. 1005.
ADVANCED MATERIALS CENTER OF EXCELLENCE ENHANCEMENTS.
Section 44518 of title 49, United States Code,
is amended
—(1)
by ; and
striking
subsection (a) and inserting
the following:“(a)
In General.—
“(1)
Continued operations.—
The Administrator shall—
“(A)
continue operation of the Advanced Materials Center of Excellence (referred to in this section as the ‘Center’); and
“(B)
Determination.
Grant.
Deadline.
Recommenda-
tions.
Proposal.
make a determination on whether to award a grant to the Center not later than 90 days after the date on which the grants officer of the Federal Aviation Administration recommends a proposal for award of such grant to the Administrator.
“(2)
Purposes.—
The Center shall—
“(A)
focus on applied research and training on the safe use of composites and advanced materials, and related manufacturing practices, in airframe structures; and
“(B)
conduct research and development into aircraft structure crash worthiness and passenger safety, as well as address safe and accessible air travel of individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), including materials required to facilitate safe wheelchair restraint systems on commercial aircraft.”
(2)
by .
striking
subsection (b) and inserting
the following:“(b)
Responsibilities.—
The Center shall—
“(1)
promote and facilitate collaboration among member universities, academia, the Administration, the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers, and other appropriate stakeholders for the purposes under subsection (a) and the activities described in paragraphs (2) through (4);
“(2)
carry out research and development activities to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study, which shall include—
“(A)
all structural materials, including—
“(i)
metallic and non-metallic based additive materials, ceramic materials, carbon fiber polymers, and thermoplastic composites;
“(ii)
the long-term material and structural behavior of such materials; and
“(iii)
evaluating the resiliency and long-term durability of advanced materials in high temperature conditions and in engines for applications in advanced aircraft; and
“(B)
structural technologies, such as additive manufacturing, to be used in applications within the commercial aircraft industry, including traditional fixed-wing aircraft, rotorcraft, and emerging aircraft types such as advanced air mobility aircraft; and
“(3)
conduct research activities for the purpose of improving the safety and certification of aviation structures, materials, and additively manufactured aviation products and components; and138 STAT. 1388
“(4)
conducting research activities to advance the safe movement of all passengers, including individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), and individuals using personal wheelchairs in flight, that takes into account the modeling, engineering, testing, operating, and training issues significant to all passengers and relevant stakeholders.”
SEC. 1006.
CENTER OF EXCELLENCE FOR UNMANNED AIRCRAFT SYSTEMS.
(a)
In General.—
Chapter 448 of title 49, United States Code, is further amended by .138 STAT. 1389
adding
at the end the following:Ҥ 44813.
49 USC 44813.
Center of Excellence for Unmanned Aircraft Systems
“(a)
Continuation.
In General.—
The Administrator of the Federal Aviation Administration shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the ‘Center’).
“(b)
Responsibilities.—
The Center shall carry out the following responsibilities:
“(1)
Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.
“(2)
Promote and facilitate collaboration among academia, the Federal Aviation Administration, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.
“(3)
Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.
“(c)
Program Participation.—
The Administrator shall ensure the participation in the Center of institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and that include a focus on pilot training for women aviators.
“(d)
Leveraging of Certain Capacity and Capabilities.—
The Administrator shall, in carrying out research necessary to validate consensus safety standards accepted pursuant to section 44805, to the maximum extent practicable, leverage the research and testing capacity and capabilities of—
“(1)
the Center;
“(2)
the test ranges designated under section 44803;
“(3)
existing Federal and non-Federal test ranges and testbeds;
“(4)
the National Aeronautics and Space Administration; and
“(5)
the William J. Hughes Technical Center for Advanced Aerospace.”
(b)
Clerical Amendment.—
The analysis for chapter 448 of title 49,
49 USC
prec. 44801.
United States Code, is further amended byadding
at the end the following:“44813.
Center of Excellence for Unmanned Aircraft Systems.”.
SEC. 1007.
ASSURED SAFE CREDENTIALING AUTHORITY.
(a)
In General.—
Chapter 448 of title 49, United States Code, is further amended by .
adding
at the end the following:Ҥ 44814.
49 USC 44814.
ASSUREd Safe credentialing authority
“(a)
Deadline.
In General.—
Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish a credentialing authority for the program of record of the Federal Aviation Administration (referred to in this section as ‘ASSUREd Safe’) under the Center of Excellence for Unmanned Aircraft Systems.
“(b)
Standards.
Purposes.—
ASSUREd Safe shall offer services throughout the United States, and to allies and partners of the United States, including—
“(1)
online and in-person standards, education, and testing for the use of unmanned aircraft systems by first responders for emergency and disaster management operations;
“(2)
uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and
“(3)
any other relevant standards development related to operation of unmanned aircraft systems, as determined appropriate by the Administrator.
“(c)
Coordination.—
The Administrator shall ensure that the Center of Excellence for Unmanned Aircraft Systems coordinates with the National Institute of Standards and Technology and the Federal Emergency Management Agency on establishment of ASSUREd Safe, and on any services offered by ASSUREd Safe.”
(b)
Clerical Amendment.—
The analysis for chapter 448 of title 49, United States Code,
49 USC
prec. 44801.
is further amended byadding
at the end the following:“44814.
ASSUREd Safe credentialing authority.”.
SEC. 1008.
CLEEN ENGINE AND AIRFRAME TECHNOLOGY PARTNERSHIP.
Section 47511 of title 49, United States Code,
is amended
—(1)
in subsection (a), by
striking
“subsonic” after “fuels for civil”; and(2)
by .
adding
at the end the following:“(d)
Contracts.
Determination.
Selection.—
In carrying out the program, the Administrator may provide that not less than 2 of the cooperative agreements entered into under this section involve the participation of an entity that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), provided that the submitted technology proposal of the entity meets, at a minimum, FAA Acquisition Management System requirements and requisite technology readiness levels for entry into the agreement, as determined by the Administrator.”
SEC. 1009.
49 USC 44701 note.
HIGH-SPEED FLIGHT TESTING.
(a)
Procedures.
Deadlines.
In General.—
The Administrator, in consultation with the Administrator of NASA, shall establish procedures for the exclusive 138 STAT. 1390
purposes of developmental and airworthiness testing and demonstration flights, which may include the establishment of high-speed testing corridors in the national airspace system—
(1)
with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with supersonic speed, not later than 1 year after the date of enactment of this Act; and
(2)
with respect to manufacturers and operators of high-speed aircraft that conduct flights operating with hypersonic speed, not later than 2 years after the date of enactment of this Act.
(b)
Areas of Testing and Demonstration.—
The Administrator shall take action, as appropriate, to ensure flight testing and demonstration flights occur in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system.
(c)
Considerations.—
In carrying out subsection (a), the Administrator shall consider—
(1)
sections 91.817 and 91.818 of title 14, Code of Federal Regulations;
(2)
applications for special flight authorizations for flights operating at supersonic or hypersonic speed, as described in section 91.818 of such title;
(3)
the environmental impacts of developmental and airworthiness testing operations;
(4)
requiring applicants to include specification of proposed flight areas;
(5)
the authorization of flights to and from airports in Class D airspace within 10 nautical miles of oceanic coastline;
(6)
developing the vertical limits at or above the altitude necessary for safe supersonic and hypersonic operations;
(7)
proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressures;
(8)
the safety of the uninvolved public; and
(9)
community outreach, education, and engagement.
(d)
Assessment.
Reports.
Consultation.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Environmental Protection Agency and other stakeholders, shall assess and report to the covered committees of Congress on a means for supporting continued compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Contracts.
Recommenda-
tions.
Compliance.
The Administrator shall seek to enter into an agreement with an appropriate federally funded research and development center, or other independent nonprofit organization that recommends long term solutions for maintaining compliance with such Act for 1 or more over-land or near-land hypersonic and supersonic test areas as established by the Administrator.(e)
Definitions.—
In this section:
(1)
High-speed aircraft.—
The term “
high-speed aircraft
” means an aircraft operating at speeds in excess of Mach 1, including supersonic and hypersonic aircraft.(2)
Hypersonic.—
The term “
hypersonic
” means flights operating at speeds that exceed Mach 5.(3)
Supersonic.—
The term “
supersonic
” means flights operating at speeds in excess of Mach 1 but less than Mach 5.138 STAT. 1391SEC. 1010.
HIGH-SPEED AIRCRAFT PATHWAY TO INTEGRATION STUDY.
(a)
Assessments.
Study.—
(1)
In general.—
The Administrator, in consultation with aircraft manufacturers and operators, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), the Administrator of NASA, the Secretary of Defense, and any other agencies the Administrator determines appropriate, shall conduct a study assessing actions necessary to facilitate the safe operation and integration of high-speed aircraft into the national airspace system.
(2)
Contents.—
The study conducted under paragraph (1) shall include, at a minimum—
(A)
an initial assessment of cross-agency equities related to high-speed aircraft technologies and flight;
(B)
Data.
Certification.
Standards.
Requirements.
the identification and collection of data required to develop certification, flight standards, and air traffic requirements for the deployment and integration of high-speed aircraft;
(C)
Timeline.
Requirements.
the development of a framework and potential timeline to establish the appropriate regulatory requirements for conducting high-speed aircraft flights;
(D)
Strategic plans.
strategic plans to improve the FAA’s state of preparedness and response capability in advance of receiving applications to conduct high-speed aircraft flights; and
(E)
Survey.
a survey of global high-speed aircraft-related regulatory and testing developments or activities.
(3)
Considerations.—
In conducting the study under paragraph (1), the Administrator may consider—
(A)
feedback and input reflecting the technical expertise of the aerospace industry and other stakeholders, as the Administrator determines appropriate, to inform future development of policies, regulations, and standards that enable the safe operation and integration of high-speed aircraft into the national airspace system;
(B)
opportunities for—
(i)
demonstrating United States global leadership in high-speed aircraft and related technologies; and
(ii)
strengthening global harmonization in aeronautics including in the development of international policies relating to the safe operation of high-speed aircraft; and
(C)
methods and opportunities for community outreach, education, and engagement.
(b)
Recommenda-
tions.
Report.—
Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under subsection (a) and recommendations, if appropriate, to facilitate the safe operation and integration of high-speed aircraft into the national airspace system.
(c)
Definitions.—
In this section:
(1)
High-speed aircraft.—
The term “
high-speed aircraft
” means an aircraft operating at speeds in excess of Mach 1, including supersonic and hypersonic aircraft.(2)
Hypersonic.—
The term “
hypersonic
” means flights operating at speeds that exceed Mach 5.138 STAT. 1392(3)
Supersonic.—
The term “
supersonic
” means flights operating at speeds in excess of Mach 1 but less than Mach 5.SEC. 1011.
49 USC 40103 note.
OPERATING HIGH-SPEED FLIGHTS IN HIGH ALTITUDE CLASS E AIRSPACE.
(a)
Deadline.
Research.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Administrator of NASA and any other relevant stakeholders the Administrator determines appropriate, including industry and academia, shall undertake research to identify, to the maximum extent practicable, the minimum altitude above the upper boundary of Class A airspace, at or above which flights operating with speeds above Mach 1 generate sonic booms that do not produce appreciable sonic boom overpressures that reach the surface under prevailing atmospheric conditions.
(b)
Hypersonic Defined.—
In this section, the term “
hypersonic
” means a flight operating at speeds that exceed Mach 5.SEC. 1012.
ELECTRIC PROPULSION AIRCRAFT OPERATIONS STUDY.
(a)
Deadline.
Assessment.
In General.—
Not later than 120 days after the date of enactment of this Act, the Comptroller General shall initiate a study assessing the safe and scalable operation and integration of electric aircraft into the national airspace system.
(b)
Contents.—
In conducting the study required under subsection (a), the Comptroller General shall address—
(1)
Certification.
identification of the workforce technical capacity and competencies needed for the Administrator to certify aircraft systems specific to electric aircraft;
(2)
Data.
Standards.
the data development and collection required to develop standards specific to electric aircraft;
(3)
Standards.
Guidance.
the regulatory standards and guidance material needed to facilitate the safe operation and maintenance of electric aircraft, including—
(A)
fire protection;
(B)
high voltage electromagnetic environments;
(C)
engine and human machine interfaces;
(D)
reliability of high voltage components and insulation;
(E)
lithium batteries for propulsion use;
(F)
operating and pilot qualifications; and
(G)
airspace integration;
(4)
Requirements.
Assessment.
the airport infrastructure requirements to support electric aircraft operations, including an assessment of—
(A)
the capabilities of airport infrastructure, including, to the extent practicable, the capabilities and capacity of the electrical power grid of the United States to support such operations, including cost, challenges, and opportunities for clean generation of electricity relating to such support, existing as of the date of enactment of this Act;
(B)
aircraft operations specifications;
(C)
projected operations demand by carriers and other operators;
(D)
potential modifications to existing airport infrastructure;
(E)
additional investments in new infrastructure and systems required to meet operations demand;138 STAT. 1393
(F)
management of infrastructure relating to hazardous materials used in hybrid and electric propulsion; and
(G)
ability of such current and future airport infrastructure capabilities to adapt to meet the evolving needs of electric aircraft operations; and
(5)
varying types of electric aircraft, including advanced air mobility aircraft and small or regional passenger or cargo aircraft.
(c)
Considerations.—
In conducting the study under subsection (a), the Comptroller General may consider the following:
(1)
The potential for improvements to air service connectivity for communities through the deployment of electric aircraft operations, including by—
(A)
establishing routes to small and rural communities; and
(B)
introducing alternative modes of transportation for multimodal operations within communities.
(2)
Impacts to airport-adjacent communities, including implications due to changes in airspace utilization and land use compatibility.
(d)
Recommenda-
tions.
Determination.
Report to Congress.—
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the covered committees of Congress and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under subsection (a) and recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
(e)
Definitions.—
In this section:
(1)
Electric aircraft.—
The term “
electric aircraft
” means an aircraft with a fully electric or hybrid electric driven propulsion system used for flight.(2)
Advanced air mobility.—
The term “
advanced air mobility
” means a transportation system that transports passengers and cargo by air between two points in the United States using aircraft with advanced technologies, including aircraft with hybrid or electric vertical take-off and landing capabilities, in both controlled and uncontrolled airspace.SEC. 1013.
CONTRACT WEATHER OBSERVERS PROGRAM.
Section 2306 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 641) .
is amended
by striking
subsection (b) and inserting
the following:“(b)
Continued Use of Contract Weather Observers.—
The
Expiration date.
Administrator may not discontinue or diminish the contract weather observer program at any airport until September 30, 2028.”SEC. 1014.
AIRFIELD PAVEMENT TECHNOLOGY PROGRAM.
Section 744 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 49 U.S.C. 44505 note) .
is amended
to read as follows:“SEC. 744.
RESEARCH AND DEPLOYMENT OF CERTAIN AIRFIELD PAVEMENT TECHNOLOGIES.
“Using
Grants.
Contracts.
amounts made available under section 48102(a) of title 49, United States Code, the Secretary may carry out a program for the research and development of airfield pavement technologies under which the Secretary makes grants to, and enters into cooperative agreements with, institutions of higher education (as defined 138 STAT. 1394 in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and nonprofit organizations that—“(1)
research concrete and asphalt pavement technologies that extend the life of airfield pavements;
“(2)
develop sustainability and resiliency guidelines to improve long-term pavement performance;
“(3)
develop and conduct training with respect to such airfield pavement technologies;
“(4)
provide for demonstration projects of such airfield pavement technologies; and
“(5)
promote the latest airfield pavement technologies to aid the development of safer, more cost effective, and more resilient and sustainable airfield pavements.”
SEC. 1015.
REVIEW OF FAA MANAGEMENT OF RESEARCH AND DEVELOPMENT.
(a)
Deadline.
In General.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall conduct a review of the management of research and development activities of the FAA, and the insight of the Administrator into, and coordination with, other Federal government research and development activities relating to civil aviation.
(b)
Assessments.
Review of FAA Management.—
The review of the Comptroller General under subsection (a) shall include an assessment of how the Administrator—
(1)
plans, manages, and tracks progress of research and development projects and activities and how FAA processes and procedures compare with leading practices related to research and development management and collaboration, as determined by the Comptroller General;
(2)
prioritizes research and development objectives;
(3)
applies leading practices related to management of research and development, enhancement of collaboration and cooperation, and minimization of duplication, waste, and inefficiencies, in conducting activities—
(A)
among FAA research and development programs;
(B)
with NASA, including—
(i)
the extent to which NASA and the FAA leverage each other’s laboratory and testing capabilities, facilities, resources, and subject matter expert personnel in support of aeronautics research and development programs and projects;
(ii)
an assessment of—
(I)
Time period.
the fiscal year in which the review is conducted, and the 3 fiscal years prior to such year, of Federal expenditures and any applicable fluctuation in the appropriated funds, for FAA and NASA research and development programs and projects and the impact of any funding changes on agency programs and projects; and
(II)
the extent to which other Federal agencies, industry partners, and research organizations are involved in such programs and projects; and
(iii)
Recommenda-
tions.
recommendations, as appropriate, for the improvement of such coordination and collaboration with NASA;
(C)
with other relevant Federal agencies;138 STAT. 1395
(D)
with international partners; and
(E)
with academia, research organizations, standards groups, and industry;
(4)
Examination.
interacts with the private sector, including by examining the extent to which FAA—
(A)
takes into account private sector research and development efforts in the management and investment of the research and development activities and investments of the FAA; and
(B)
assesses the impact of FAA research and development on U.S. private sector aeronautics research and development investments;
(5)
transitions the results of research and development projects into operational use;
(6)
has implemented the recommendations in the report issued by the Comptroller General titled “Aviation Research and Development” issued April 2017 (GAO report 17–372) and the results of the efforts to implement such recommendations; and
(7)
Recommenda-
tions.
can improve management of research and development activities and any recommendations as the Comptroller General determines appropriate based on the results of the review.
(c)
Report.—
Not later than 180 days after completing the review under required under subsection (a), the Comptroller General shall submit to the covered committees of Congress—
(1)
a report on such review and relevant findings; and
(2)
Recommenda-
tions.
recommendations, including the recommendations developed under paragraphs (3)(B)(iii) and (7) of subsection (b).
SEC. 1016.
Deadline.
49 USC 44505 note.
RESEARCH AND DEVELOPMENT OF FAA’S AERONAUTICAL INFORMATION SYSTEMS MODERNIZATION ACTIVITIES.
(a)
In General.—
Using amounts made available under section 48102(a) of title 49, United States Code, and subject to the availability of appropriations, the Administrator, in coordination with the John A. Volpe National Transportation Systems Center, shall establish a research and development program, not later than 60 days after the date of enactment of this Act, to inform the continuous modernization of the aeronautical information systems of the FAA, including—
(1)
the Aeronautical Information Management Modernization, including the Notice to Air Missions system of the FAA;
(2)
the Aviation Safety Information Analysis and Sharing system; and
(3)
the Service Difficulty Reporting System.
(b)
Review and Report.—
(1)
Contracts.
Review.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall seek to enter into an agreement with a federally funded research and development center to conduct and complete a review of planned and ongoing modernization efforts of the aeronautical information systems of the FAA. Such review shall identify opportunities for additional coordination between the Administrator and the John A. Volpe National Transportation Systems Center to further modernize such systems.
(2)
Recommenda-
tions.
Report.—
Not later than 1 year after the Administrator enters into the agreement with the center under paragraph 138 STAT. 1396
(1), the Center shall submit to the Administrator, the covered committees of Congress, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the review conducted under paragraph (1) and such recommendations as the Center determines appropriate.
SEC. 1017.
CENTER OF EXCELLENCE FOR ALTERNATIVE JET FUELS AND ENVIRONMENT.
(a)
In General.—
Chapter 445 of title 49, United States Code, .
is amended
by adding
at the end the following:Ҥ 44520.
49 USC 44520.
Center of Excellence for Alternative Jet Fuels and Environment
“(a)
Continuation.
In General.—
The Administrator shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the ‘Center’).
“(b)
Responsibilities.—
The Center shall—
“(1)
focus on research to—
“(A)
assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, next-generation feedstocks, alcohols, organic acids, hydrogen, bioderived chemicals and gaseous carbon) for commercial aircraft;
“(B)
assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems;
“(C)
reduce community exposure to civilian aircraft noise and pollutant emissions;
“(D)
inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and
“(E)
improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools;
“(2)
examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft; and
“(3)
support collaboration with other Federal agencies, industry stakeholders, research institutions, and other relevant entities to accelerate the research, development, testing, evaluation, and demonstration programs and facilitate United States sustainability and competitiveness in aviation.
“(c)
Contracts.
Grant Authority.—
The Administrator shall carry out the work of the Center through the use of grants or other measures, as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements and coordination with other Federal agencies.
“(d)
Participation.—
“(1)
Participation of educational and research institutions.—
In carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by—
“(A)
institutions of higher education and research institutions that—138 STAT. 1397
“(i)
have existing facilities for research, development, and testing; and
“(ii)
leverage private sector partnerships;
“(B)
other Federal agencies;
“(C)
consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and
“(D)
consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft.
“(2)
Reimbursement.
Use of nasa facilities.—
The Center shall, in consultation with the Administrator of NASA, consider using, on a reimbursable basis, the existing and available capacity in aeronautics research facilities at the Langley Research Center, the NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.”
(b)
Clerical Amendment.—
The analysis for chapter 445 of such title,
49 USC
prec. 44501.
as amended by section 817,is amended
by inserting
after the item relating to section 44519 the following:“44520.
Center of Excellence for Alternative Jet Fuels and Environment.”.
SEC. 1018.
Deadlines.
49 USC 44504 note.
NEXT GENERATION RADIO ALTIMETERS.
(a)
In General.—
Not later than 60 days after the date of enactment of this Act, the Administrator, in coordination with the aviation and commercial wireless industries, the National Telecommunications and Information Administration, the Federal Communications Commission, and other relevant government stakeholders, shall carry out an accelerated research and development program to inform the development and testing of the standards and technology necessary to ensure appropriate FAA certification actions and industry production that meets the installation requirements for next generation radio altimeters across all necessary aircraft by January 1, 2028.
(b)
Grant Program.—
Subject to the availability of appropriations, the Administrator may award grants for the purposes of research and development, testing, and other activities necessary to ensure that next generation radio altimeter technology is developed, tested, certified, and installed on necessary aircraft by 2028, including through public-private partnership grants (which shall include protections for necessary intellectual property with respect to any private sector entity testing, certifying, or producing next generation radio altimeters under the program carried out under this section) with industry to ensure the accelerated production and installation by January 1, 2028.
(c)
Plans.
Review and Report.—
Not later than 180 days after the enactment of this Act, the Administrator shall submit to the covered committees of Congress and the Committee on Transportation and Infrastructure of the House of Representatives a report on the steps the Administrator has taken as of the date on which such report is submitted and any actions the Administrator plans to take, including as part of the program carried out under this section, to ensure that next generation radio altimeter technology is developed, tested, certified, and installed by 2028.138 STAT. 1398
(d)
Rule of Construction.—
Nothing in this section shall be construed to apply to efforts to retrofit the existing supply of altimeters in place as of the date of enactment of this Act.
SEC. 1019.
49 USC 44504 note.
HYDROGEN AVIATION STRATEGY.
(a)
FAA and Department of Energy Leadership on Using Hydrogen to Propel Commercial Aircraft.—
The Secretary, acting through the Administrator and jointly with the Secretary of Energy, shall exercise leadership in and shall conduct research and development activities relating to enabling the safe use of hydrogen in civil aviation, including the safe and efficient use and sourcing of hydrogen to propel commercial aircraft.
(b)
Deadline.
Research Strategy.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Administrator of NASA and other relevant Federal agencies, shall complete the development of a research and development strategy on the safe use of hydrogen in civil aviation.
(c)
Considerations.—
The strategy developed under subsection (b) shall consider the following:
(1)
The feasibility, opportunities, challenges, and pathways toward the potential and safe uses of hydrogen in civil aviation.
(2)
The use of hydrogen in addition to electric propulsion to propel commercial aircraft and any related operational efficiencies.
(d)
Exercise of Leadership.—
The Secretary, the Administrator, and the Secretary of Energy shall carry out the research activities consistent with the strategy in subsection (b), and that may include the following:
(1)
Establishing positions and goals for the safe use of hydrogen in civil aviation, including to propel commercial aircraft.
(2)
Understanding of the qualification of hydrogen aviation fuel, the safe transition to such fuel for aircraft, the advancement of certification efforts for such fuel, and risk mitigation measures for the use of such fuel in aircraft systems, including propulsion and storage systems.
(3)
Grants.
Contracts.
Through grant, contract, or interagency agreements, carrying out research and development to understand the contribution that the use of hydrogen would have on civil aviation, including hydrogen as an input for conventional jet fuel, hydrogen fuel cells as a source of electric propulsion, sustainable aviation fuel, and power to liquids or synthetic fuel, and researching ways of accelerating the introduction of hydrogen-propelled aircraft.
(4)
Reviews.
Reviewing grant eligibility requirements, loans, loan guarantees, and other policies and requirements of the FAA and the Department of Energy to identify ways to increase the safe and efficient use of hydrogen in civil aviation.
(5)
Considering the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders in creating policies that enable the safe use of hydrogen in civil aviation.
(6)
Coordinating with NASA, and obtaining input from the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia and other stakeholders regarding—138 STAT. 1399
(A)
the safe and efficient use of hydrogen in civil aviation, including—
(i)
updating or modifying existing policies on such use;
(ii)
assessing barriers to, and benefits of, the introduction of hydrogen in civil aviation, including aircraft propelled by hydrogen;
(iii)
the operational differences between aircraft propelled by hydrogen and aircraft propelled with other types of fuels; and
(iv)
public, economic, and noise benefits of the operation of commercial aircraft propelled by hydrogen and associated aerospace industry activity; and
(B)
other issues identified by the Secretary, the Administrator, the Secretary of Energy, or the advisory committee established under paragraph (7) that must be addressed in order to enable the safe and efficient use of hydrogen in civil aviation.
(7)
Establishment.
Establish an advisory committee composed of representatives of NASA, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders to advise the Secretary, the Administrator, and the Secretary of Energy on the activities carried out under this subsection.
(e)
International Leadership.—
The Secretary, the Administrator, and the Secretary of Energy, in the appropriate international forums, shall take actions that—
(1)
demonstrate global leadership in carrying out the activities required by subsections (a) and (b);
(2)
consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under subsection (b);
(3)
consider the needs of fuel cell manufacturers; and
(4)
seek to advance the competitiveness of the United States in the safe use of hydrogen in civil aviation.
(f)
Report to Congress.—
Not later than 3 years after the date of enactment of this Act, the Secretary, acting through the Administrator and jointly with the Secretary of Energy, shall submit to the covered committees of Congress and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing—
(1)
the actions of the Secretary, the Administrator, and the Secretary of Energy to exercise leadership in conducting research relating to the safe and efficient use of hydrogen in civil aviation;
(2)
Updates.
the planned, proposed, and anticipated actions to update or modify existing policies related to the safe and efficient use of hydrogen in civil aviation, based on the results of the research and development carried out under this section, including such actions identified as a result of consultation with, and feedback from, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia and other stakeholders identified under subsection (b); and
(3)
Timeline.
a proposed timeline for any such actions pursuant to paragraph (2).138 STAT. 1400
SEC. 1020.
AVIATION FUEL SYSTEMS.
(a)
Review.
Plan.
Recommenda-
tions.
Certifications.
Coordination.—
The Secretary, in coordination with the stakeholders identified in subsection (b), shall review, plan, and make recommendations with respect to coordination and implementation issues relating to aircraft powered by new aviation fuels or fuel systems, including at a minimum, the following:
(1)
Research and technical assistance related to the development, certification, operation, and maintenance of aircraft powered by new aviation fuels and fuel systems, along with refueling and charging infrastructure and associated technologies critical to their deployment.
(2)
Data.
Data sharing with respect to the installation, maintenance, and utilization of charging and refueling infrastructure at airports.
(3)
Development and deployment of training and certification programs for the development, construction, and maintenance of aircraft, related fuel systems, and charging and refueling infrastructure.
(4)
Any other issues that the Secretary, in consultation with the Secretary of Energy, shall deem of interest related to the validation and certification of new fuels for use or fuel systems in aircraft.
(b)
Consultation.—
The Secretary shall consult with—
(1)
the Department of Energy;
(2)
NASA;
(3)
the Department of the Air Force; and
(4)
other Federal agencies, as determined by the Secretary.
(c)
Prohibition on Duplication.—
The Secretary shall ensure that activities conducted under this section do not duplicate other Federal programs or efforts.
(d)
Savings Clause.—
Nothing in this section shall be construed as granting the Environmental Protection Agency additional authority to establish alternative fuel emissions standards.
(e)
Deadline.
Briefing.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall provide to the covered committees of Congress a briefing on the results of the review of coordination efforts conducted under this section.
SEC. 1021.
49 USC 44505 note.
AIR TRAFFIC SURVEILLANCE OVER UNITED STATES CONTROLLED OCEANIC AIRSPACE AND OTHER REMOTE LOCATIONS.
(a)
Persistent Aviation Surveillance Over Oceans and Remote Locations.—
Subject to the availability of appropriations, the Administrator, in consultation with the Administrator of NASA and other relevant Federal agencies, shall carry out research, development, demonstration, and testing to enable civil aviation surveillance over oceans and other remote locations to improve safety.
(b)
Report.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report on the activities carried out under this section.
(c)
Rule of Construction.—
Nothing in this section shall be construed to duplicate existing efforts conducted by the Administrator, in coordination with other Federal agencies.138 STAT. 1401
SEC. 1022.
AVIATION WEATHER TECHNOLOGY REVIEW.
(a)
Review.—
The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall conduct a review of current and planned research, modeling, and technology capabilities that have the potential to—
(1)
more accurately detect and predict weather impacts to aviation;
(2)
inform how advanced predictive models can enhance aviation operations; and
(3)
increase national airspace system safety and efficiency.
(b)
Consideration.—
The review required under subsection (a) shall include consideration of the unique impacts of weather on unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) and advanced air mobility operations.
(c)
Report.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report containing the results of the review conducted under subsection (a).
(d)
Rule of Construction.—
Nothing in this section shall be construed to duplicate existing efforts conducted by the Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration.
SEC. 1023.
49 USC 47101 note.
AIR TRAFFIC SURFACE OPERATIONS SAFETY.
(a)
Research.—
Subject to the availability of appropriations, the Administrator, in consultation with the Administrator of NASA and other appropriate Federal agencies, shall continue to carry out research and development activities relating to technologies and operations to enhance air traffic surface operations safety.
(b)
Examination.
Requirements.—
In carrying out the research and development under subsection (a) shall examine the following:
(1)
Methods and technologies to enhance the safety and efficiency of air traffic control operations related to air traffic surface operations.
(2)
Emerging technologies installed in aircraft cockpits to enhance ground situational awareness, including enhancements to the operational performance of runway traffic alerting and runway landing safety technologies.
(3)
Safety enhancements and adjustments to air traffic surface operations to account for and enable safe operations of advanced aviation technology.
(c)
Report.—
Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report on the research and development activities carried out under this section, including regarding the transition into operational use of such activities.
SEC. 1024.
TECHNOLOGY REVIEW OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES.
(a)
Review.—
The Administrator shall conduct a review of current and planned artificial intelligence and machine learning technologies to improve airport efficiency and safety.
(b)
Considerations.—
In conducting the review required under subsection (a), the Administrator may consider—
(1)
identifying best practices and lessons learned from both domestic and international artificial intelligence and machine 138 STAT. 1402
learning technology applications to improve airport operations; and
(2)
coordinating with other relevant Federal agencies to identify China’s domestic application of artificial intelligence and machine learning technologies relating to airport operations.
(c)
Examination.
Summaries.—
The review conducted under subsection (a) shall include examination of the application of artificial intelligence and machine learning technologies to the following:
(1)
Jet bridges.
(2)
Airport service vehicles on airport movement areas.
(3)
Aircraft taxi.
(4)
Air traffic control operations.
(5)
Any other areas the Administrator determines necessary to help improve airport efficiency and safety.
(d)
Report.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report containing the results of the review conducted under subsection (a).
SEC. 1025.
RESEARCH PLAN FOR COMMERCIAL SUPERSONIC RESEARCH.
(a)
Deadline.
Briefing.
In General.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Administrator of NASA and industry, shall provide to the covered committees of Congress a briefing on any plans to build on existing research and development activities and identify any further research and development needed to inform the development of Federal and international policies, regulations, standards, and recommended practices relating to the certification and safe and efficient operation of civil supersonic aircraft and supersonic overland flight.
(b)
Rule of Construction.—
Nothing in this section shall be construed to duplicate existing research and development efforts conducted by the Administrator, in consultation with the Administrator of NASA.
(c)
Supersonic Defined.—
In this section, the term “
supersonic
” means flights operating at speeds in excess of Mach 1 but less than Mach 5.SEC. 1026.
49 USC 44505 note.
ELECTROMAGNETIC SPECTRUM RESEARCH AND DEVELOPMENT.
(a)
In General.—
The Administrator, in consultation with the National Telecommunications and Information Administration and the Federal Communications Commission, shall conduct research, engineering, and development related to the effective and efficient use and management of radio frequency spectrum in the civil aviation domain, including for aircraft, unmanned aircraft systems, and advanced air mobility.
(b)
Contents.—
The research, engineering, and development conducted under subsection (a) shall, at a minimum, address the following:
(1)
How reallocation or repurposing of radio frequency spectrum adjacent to spectrum allocated for communication, navigation, and surveillance may impact the safety of civil aviation.
(2)
The effectiveness of measures to identify risks, protect, and mitigate against spectrum interference in frequency bands used in civil aviation operations to ensure public safety.138 STAT. 1403
(3)
The identification of any emerging civil aviation systems and their anticipated spectrum requirements.
(4)
The implications of paragraphs (1) through (3) on existing civil aviation systems that use radio frequency spectrum, including on the operational specifications of such systems, as it relates to existing and to future radio frequency spectrum requirements for civil aviation.
(c)
Report.—
Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report containing the results of the research, engineering, and development conducted under subsection (a).
SEC. 1027.
RESEARCH PLAN ON THE REMOTE TOWER PROGRAM.
(a)
Deadline.
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a comprehensive plan for research, development, testing, and evaluation needed to further mature remote tower technologies and systems and related requirements and provide a strategic roadmap to support deployment of such technologies.
(b)
Considerations.—
In developing the plan under subsection (a), the Administrator shall consider—
(1)
how remote tower systems could enhance certain air traffic services, including providing additional air traffic support to existing air traffic control tower operations and providing air traffic support at airports without a manned air traffic control tower;
(2)
the validation and certification timeline and structure of the FAA;
(3)
existing remote tower technologies to the extent possible to inform technology maturation and improvements;
(4)
new and developing remote tower technologies and the extent to which remote tower systems enable the introduction of advanced technological capabilities; and
(5)
collaborating with the exclusive bargaining representative of air traffic controllers of the FAA certified under section 7111 of title 5, United States Code.
(c)
Savings Clause.—
Nothing in this section shall be construed to limit or otherwise delay testing, validating, certifying, or deploying remote tower technologies conducted under section 47124 title 49, United States Code.
SEC. 1028.
AIR TRAFFIC CONTROL TRAINING.
(a)
Evaluation.
Research.—
Subject to the availability of appropriations, the Administrator shall carry out a research program to evaluate opportunities to modernize, enhance, and streamline on-the-job training and training time for individuals seeking to become certified professional controllers of the FAA, as required by the Administrator.
(b)
Requirements.—
In carrying out the research program under subsection (a), the Administrator shall—
(1)
Assessment.
assess the benefits of deploying and using advanced technologies, such as artificial intelligence, machine learning, adaptive computer-based simulation, virtual reality, or augmented reality, or any other technology determined appropriate by the Administrator, to enhance air traffic controller knowledge retention and controller performance, strengthen safety, and improve the effectiveness of training time; and138 STAT. 1404
(2)
include collaboration with labor organizations, including the exclusive bargaining representative of air traffic controllers of the FAA certified under section 7111 of title 5, United States Code, and other stakeholders.
(c)
Report.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report on the findings of the research under subsection (a).
(d)
Rule of Construction.—
Nothing in this section shall be construed to delay the installation of tower simulation systems by the Administrator at FAA air traffic facilities across the national airspace system.
SEC. 1029.
REPORT ON AVIATION CYBERSECURITY DIRECTIVES.
(a)
In General.—
Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report on the status of the implementation by the Administrator of the framework developed under section 2111 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 49 U.S.C. 44903 note).
(b)
Contents.—
The report, at a minimum, shall include the following:
(1)
A description of the progress of the Administrator in developing, implementing, and updating such framework.
(2)
Overview.
An overview of completed research and development projects to date and a description of remaining research and development activities prioritized for the most needed improvements, with target dates, to safeguard the national airspace system.
(3)
An explanation for any delays or challenges in so implementing such section.
SEC. 1030.
49 USC 44505 note.
TURBULENCE RESEARCH AND DEVELOPMENT.
(a)
In General.—
Subject to the availability of appropriations, the Administrator, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, and in consultation with the Administrator of NASA, shall carry out applied research and development to—
(1)
enhance the monitoring and understanding of severe turbulence, including clear-air turbulence; and
(2)
inform the development of measures to mitigate safety impacts on crew and the flying public that may result from severe turbulence.
(b)
Research and Development Activities.—
In carrying out the research and development under subsection (a), the Administrator shall—
(1)
Processes.
Procedures.
Data.
establish processes and procedures for comprehensive and systematic data collection, through both instrumentation and pilot reporting, of severe turbulence, including clear-air turbulence;
(2)
establish measures for storing and managing such data collection;
(3)
support measures for monitoring and characterizing incidents of severe turbulence;
(4)
consider relevant existing research and development from other entities, including Federal departments and agencies, academia, and the private sector; and
(5)
carry out research and development—138 STAT. 1405
(A)
to understand the impacts of relevant factors on the nature of turbulence, including severe turbulence and clear-air turbulence;
(B)
to enhance turbulence forecasts for flight planning and execution, seasonal predictions for schedule and route-planning, and long-term projections of severe turbulence, including clear-air turbulence; and
(C)
on other subject matters areas related to severe turbulence, as determined by the Administrator; and
(6)
support the effective transition of the results of research and development to operations, in cases in which such transition is appropriate.
(c)
Duplicative Research and Development Activities.—
The Administrator shall ensure that research and development activities under this section do not duplicate other Federal programs relating to turbulence.
(d)
Turbulence Data.—
(1)
Contracts.
Commercial providers.—
In carrying out the research and development under subsection (a) and the activities described in subsection (b), the Administrator may enter into agreements with commercial providers for the following:
(A)
The purchase of turbulence data.
(B)
The placement on aircraft of instruments relevant to understanding and monitoring turbulence.
(2)
Data access.—
The Administrator shall make the data collected under subsection (b) widely available and accessible to the scientific research, user, and stakeholder communities, including the Administrator of the National Oceanic and Atmospheric Administration, to the greatest extent practicable and in accordance with FAA data management policies.
(e)
Report on Turbulence Research.—
Not later than 15 months after the date of enactment of this Act, the Administrator, in collaboration with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the covered committees of Congress a report that—
(1)
details the activities conducted under this section, including how the requirements of subsection (b) have contributed to the goals described in paragraphs (1) and (2) of subsection (a);
(2)
Assessment.
assesses the current state of scientific understanding of the causes, occurrence rates, and past and projected future trends in occurrence rates of severe turbulence, including clear-air turbulence;
(3)
describes the processes and procedures for collecting, storing, and managing, data in pursuant to subsection (b);
(4)
Assessment.
assesses—
(A)
the use of commercial providers pursuant to subsection (d)(1); and
(B)
the need for any future Federal Government collection or procurement of data and instruments related to turbulence, including an assessment of costs;
(5)
describes how such data will be made available to the scientific research, user, and stakeholder communities; and
(6)
identifies future research and development needed to inform the development of measures to predict and mitigate the safety impacts that may result from severe turbulence, including clear-air turbulence.138 STAT. 1406
SEC. 1031.
49 USC 44501 note.
RULE OF CONSTRUCTION REGARDING COLLABORATIONS.
Nothing in this title may be construed as modifying or limiting existing collaborations, or limiting potential engagement on future collaborations, between the Administrator, stakeholders, and labor organizations, including the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code, pertaining to FAA research, engineering, development, demonstration, and testing activities.
SEC. 1032.
China.
LIMITATION.
(a)
Prohibited Activities.—
None of the funds authorized in this title may be used to conduct research, develop, design, plan, promulgate, implement, or execute a policy, program, order, or contract of any kind with the Chinese Communist Party or any entity that is domiciled in China or under the influence of China unless such activities are specifically authorized by a law enacted after the date of enactment of this Act.
(b)
Exemption.—
The Administrator is exempt from the prohibitions under subsection (a) if the prohibited activities are executed for the purposes of testing, research, evaluating, analyzing, or training related to—
(1)
counter-unmanned aircraft detection and mitigation systems, including activities conducted—
(A)
under the Center of Excellence for Unmanned Aircraft Systems of the FAA; or
(B)
by the test ranges designated under section 44803 of title 49, United States Code;
(2)
the safe, secure, or efficient operation of the national airspace system or maintenance of public safety;
(3)
the safe integration of advanced aviation technologies into the national airspace system, including activities carried out by the Center of Excellence for Unmanned Aircraft Systems of the FAA;
(4)
in coordination with other relevant Federal agencies, determining security threats of unmanned aircraft systems; and
(5)
intelligence, electronic warfare, and information warfare operations.
(c)
Waivers.—
(1)
Public interest determination.—
The Administrator may waive any prohibitions under subsection (a) on a case-by-case basis if the Administrator determines that activities described in subsection (a) are in the public interest.
(2)
Deadline.
Notification.—
If the Administrator provides a waiver under paragraph (1), the Administrator shall notify the covered committees of Congress in writing not later than 15 days after exercising such waiver.
Subtitle B—
Unmanned Aircraft Systems and Advanced Air Mobility
SEC. 1041.
49 USC 40101 note.
DEFINITIONS.
In this subtitle:
(1)
Advanced air mobility.—
The term “
advanced air mobility
” means a transportation system that is comprised 138 STAT. 1407
of urban air mobility and regional air mobility using manned or unmanned aircraft.(2)
Interagency working group.—
The term “
interagency working group
” means the advanced air mobility and unmanned aircraft systems interagency working group of the National Science and Technology Council established under section 1042.(3)
Labor organization.—
The term “
labor organization
” has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include—(A)
any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and
(B)
any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents—
(i)
individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;
(ii)
individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or
(iii)
individuals employed as agricultural laborers.
(4)
National laboratory.—
The term “
National Laboratory
” has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).(5)
Technical standard.—
The term “
technical standard
” has the meaning given such term in section 12(d)(5) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note).(6)
Unmanned aircraft system.—
The term “
unmanned aircraft system
” has the meaning given such term in section 44801 of title 49, United States Code.SEC. 1042.
49 USC 40101 note.
INTERAGENCY WORKING GROUP.
(a)
Designation.—
(1)
Establishment.
In general.—
The National Science and Technology Council shall establish or designate an interagency working group on advanced air mobility and unmanned aircraft systems to coordinate Federal research, development, deployment, testing, and education activities to enable advanced air mobility and unmanned aircraft systems.
(2)
Membership.—
The interagency working group shall be comprised of senior representatives from NASA, the Department of Transportation, the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Institute of Standards and Technology, Department of Homeland Security, and such other Federal agencies as appropriate.
(b)
Duties.—
The interagency working group shall—
(1)
develop a strategic research plan to guide Federal research to enable advanced air mobility and unmanned aircraft systems and oversee implementation of the plan;
(2)
oversee the development of—
(A)
an assessment of the current state of United States competitiveness and leadership in advanced air mobility and unmanned aircraft systems, including the scope and 138 STAT. 1408
scale of United States investments in relevant research and development; and
(B)
strategies to strengthen and secure the domestic supply chain for advanced air mobility systems and unmanned aircraft systems;
(3)
facilitate communication and outreach opportunities with academia, industry, professional societies, State, local, Tribal, and Federal governments, and other stakeholders;
(4)
facilitate partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, National Laboratories, unmanned aircraft systems test range (as defined in section 44801 of title 49, United States Code), academic institutions, and others;
(5)
coordinate with the advanced air mobility working group established under section 2 of the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203) and heads of other Federal departments and agencies to avoid duplication of research and other activities to ensure that the activities carried out by the interagency working group are complementary to those being undertaken by other interagency efforts; and
(6)
coordinate with the National Security Council and other authorized agency coordinating bodies on the assessment of risks affecting the existing Federal unmanned aircraft systems fleet and outlining potential steps to mitigate such risks.
(c)
Time period.
Termination date.
Summary.
Budget.
Report to Congress.—
Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter until December 31, 2028, the interagency working group shall transmit to the covered committees of Congress a report that includes a summary of federally funded advanced air mobility and unmanned aircraft systems research, development, deployment, and testing activities, including the budget for each of the activities described in this paragraph.
(d)
Rule of Construction.—
The interagency working group shall not be construed to conflict with or duplicate the work of the interagency working group established under the advanced air mobility working group established by the Advanced Air Mobility Coordination and Leadership Act (Public Law 117–203).
SEC. 1043.
Deadlines.
Time periods.
49 USC 40101 note.
STRATEGIC RESEARCH PLAN.
(a)
Update.
In General.—
Not later than 2 years after the date of enactment of this Act, the interagency working group shall develop and periodically update, as appropriate, a strategic plan for Federal research, development, deployment, and testing of advanced air mobility systems and unmanned aircraft systems.
(b)
Considerations.—
In developing the plan required under subsection (a), the interagency working group shall consider and use—
(1)
information, reports, and studies on advanced air mobility and unmanned aircraft systems that have identified research, development, deployment, and testing needed;
(2)
information set forth in the national aviation research plan developed under section 44501(c) of title 49, United States Code; and
(3)
recommendations made by the National Academies in the review of the plan under subsection (d).138 STAT. 1409
(c)
Contents of the Plan.—
In developing the plan required under subsection (a), the interagency working group shall—
(1)
Determination.
determine and prioritize areas of advanced air mobility and unmanned aircraft systems research, development, demonstration, and testing requiring Federal Government leadership and investment;
(2)
establish, for the 10-year period beginning in the calendar year the plan is submitted, the goals and priorities for Federal research, development, and testing which will—
(A)
support the development of advanced air mobility technologies and the development of an advanced air mobility research, innovation, and manufacturing ecosystem;
(B)
take into account sustained, consistent, and coordinated support for advanced air mobility and unmanned aircraft systems research, development, and demonstration, including through grants, cooperative agreements, testbeds, and testing facilities;
(C)
apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems;
(D)
inform the development of voluntary consensus technical standards and best practices for the development and use of advanced air mobility and unmanned aircraft systems;
(E)
support education and training activities at all levels to prepare the United States workforce to use and interact with advanced air mobility systems and unmanned aircraft systems;
(F)
support partnerships to leverage knowledge and resources from industry, State, local, Tribal, and Federal governments, the National Laboratories, Center of Excellence for Unmanned Aircraft Systems Research of the FAA, unmanned aircraft systems test ranges (as defined in section 44801 of title 49, United States Code), academic institutions, labor organizations, and others to advance research activities;
(G)
leverage existing Federal investments; and
(H)
promote hardware interoperability and open-source systems;
(3)
support research and other activities on the impacts of advanced air mobility and unmanned aircraft systems on national security, safety, economic, legal, workforce, and other appropriate societal issues;
(4)
reduce barriers to transferring research findings, capabilities, and new technologies related to advanced air mobility and unmanned aircraft systems into operation for the benefit of society and United States competitiveness;
(5)
in consultation with the Council of Economic Advisers, measure and track the contributions of unmanned aircraft systems and advanced air mobility to United States economic growth and other societal indicators; and
(6)
Recommenda-
tions.
identify relevant research and development programs and make recommendations for the coordination of relevant activities of the Federal agencies and set forth the role of each Federal agency in implementing the plan.138 STAT. 1410
(d)
National Academies of Sciences, Engineering, and Medicine Evaluation.—
Contracts.
Review.
The Administrator shall seek to enter into an agreement with the National Academies to review the plan every 5 years.(e)
Consultation.
Public Participation.—
In developing the plan under subsection (a), the interagency working group shall consult with representatives of stakeholder groups, which may include academia, research institutions, and State, industry, and labor organizations. Not
Deadline.
Federal Register, publication.
Public comment.
later than 90 days before the plan, or any revision thereof, is submitted to Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days.(f)
Reports to Congress on the Strategic Research Plan.—
(1)
Progress report.—
Not later than 1 year after the date of enactment of this Act, the interagency working group described in section 1042 of this Act shall transmit to the covered committees of Congress a report that describes the progress in developing the plan required under this section.
(2)
Initial report.—
Not later than 2 years after the date of enactment of this Act, the interagency working group shall transmit to the covered committees of Congress the strategic research plan developed under this section.
(3)
Analysis.
Biennial report.—
Not later than 1 year after the transmission of the initial report under paragraph (2) and every 2 years thereafter until December 31, 2033, the interagency working group shall transmit to the covered committees of Congress a report that includes an analysis of the progress made towards achieving the goals and priorities for the strategic research plan.
SEC. 1044.
49 USC 40101 note.
FEDERAL AVIATION ADMINISTRATION UNMANNED AIRCRAFT SYSTEM AND ADVANCED AIR MOBILITY RESEARCH AND DEVELOPMENT.
(a)
In General.—
Consistent with the research plan in section 1043, the Administrator, in coordination with the Administrator of NASA and other Federal agencies, shall carry out and support research, development, testing, and demonstration activities and technology transfer, and activities to facilitate the transition of such technologies into application to enable advanced air mobility and unmanned aircraft systems and to facilitate the safe integration of advanced air mobility and unmanned aircraft systems into the national airspace system, in areas including—
(1)
beyond visual-line-of-sight operations;
(2)
command and control link technologies;
(3)
development and integration of unmanned aircraft system traffic management into the national airspace system;
(4)
noise and other societal and environmental impacts;
(5)
informing the development of an industry consensus vehicle-to-vehicle standard;
(6)
safety, including collisions between advanced air mobility and unmanned aircraft systems of various sizes, traveling at various speeds, and various other crewed aircraft or various parts of other crewed aircraft of various sizes and traveling at various speeds; and
(7)
detect-and-avoid capabilities.
(b)
Duplicative Research and Development Activities.—
The Administrator shall ensure that research and development and other activities conducted under this section do not duplicate 138 STAT. 1411
other Federal activities related to the integration of unmanned aviation systems or advanced air mobility.
(c)
Lessons Learned.—
The Administrator shall apply lessons learned from unmanned aircraft systems research, development, demonstration, and testing to advanced air mobility systems.
(d)
Research on Approaches to Evaluating Risk.—
The Administrator shall conduct research on approaches to evaluating risk in emerging vehicles, technologies, and operations for unmanned aircraft systems and advanced air mobility systems. Such research shall include—
(1)
defining quantitative metrics, including metrics that may support the Administrator in making determinations, and research to inform the development of requirements, as practicable, for the operations of certain unmanned aircraft systems, as described under section 44807 of title 49, United States Code;
(2)
Processes.
Criteria.
developing risk-based processes and criteria to inform the development of regulations and certification of complex operations, to include autonomous beyond-visual-line-of-sight operations, of unmanned aircraft systems of various sizes and weights, and advanced air mobility systems; and
(3)
considering the utility of performance standards to make determinations under section 44807 of title 49, United States Code.
(e)
Plans.
Report.—
Not later than 9 months after the date of enactment of this Act, the Administrator shall submit to the covered committees of Congress a report on the actions taken by the Administrator to implement provisions under this section that includes—
(1)
Summary.
Costs.
a summary of the costs and results of research under subsection (a)(6);
(2)
a description of plans for and progress toward the implementation of research and development under subsection (d);
(3)
a description of the progress of the FAA in using research and development to inform FAA certification guidance and regulations of—
(A)
large unmanned aircraft systems, including those weighing more than 55 pounds; and
(B)
extended autonomous and remotely piloted operations beyond visual line of sight in controlled and uncontrolled airspace; and
(4)
a current plan for full operational capability of unmanned aircraft systems traffic management, as described in section 376 the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note).
(f)
Parallel Efforts.—
(1)
In general.—
Research and development activities under this section may be conducted concurrently with the deployment of technologies outlined in (a) and in carrying out the this title and title IX.
(2)
Rule of construction.—
Nothing in this section shall be construed to delay appropriate actions to deploy the technologies outlined in subsection (a), including the deployment of beyond visual-line-of-sight operations of unmanned aircraft systems, or delay the Administrator in carrying out this title and title IX, or limit FAA use of existing risk methodologies 138 STAT. 1412
to make determinations pursuant to section 44807 of title 49, United States Code, prior to completion of relevant research and development activities.
(3)
Update.
Practices and regulations.—
The Administrator shall, to the maximum extent practicable, use the results of research and development activities conducted under this section to inform decisions on whether and how to maintain or update existing regulations and practices, or whether to establish new practices or regulations.
SEC. 1045.
49 USC 40101 note.
PARTNERSHIPS FOR RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TESTING.
(a)
Contracts.
Examination.
Study.—
The Administrator shall seek to enter into an arrangement with the National Academy of Public Administration to examine research, development, demonstration, and testing partnerships of the FAA to advance unmanned aircraft systems and advanced air mobility and to facilitate the safe integration of unmanned aircraft systems into the national airspace system.
(b)
Considerations.—
The Administrator shall ensure that the entity carrying out the study in subsection (a) shall—
(1)
identify existing FAA partnerships with external entities, including academia and Centers of Excellence, industry, and nonprofit organizations, and the types of such partnership arrangements;
(2)
Examination.
examine the partnerships in paragraph (1), including the scope and areas of research, development, demonstration, and testing carried out, and associated arrangements for performing research and development activities;
(3)
Review.
review the extent to which the FAA uses the results and outcomes of each partnership to advance the research and development in unmanned aircraft systems;
(4)
identify additional research and development areas, if any, that may benefit from partnership arrangements, and whether such research and development would require new partnerships;
(5)
identify any duplication of ongoing or planned research, development, demonstration, or testing activities;
(6)
identify effective and appropriate means for publication and dissemination of the results and sharing with the public, commercial, and research communities related data from such research, development, demonstration, and testing conducted under such partnerships;
(7)
identify effective mechanisms, either new or already existing, to facilitate coordination, evaluation, and information-sharing among and between such partnerships;
(8)
identify effective and appropriate means for facilitating technology transfer activities within such partnerships;
(9)
identify the extent to which such partnerships broaden participation from groups historically underrepresented in science, technology, engineering, and mathematics, including computer science and cybersecurity, and include participation by industry, workforce, and labor organizations; and
(10)
Review.
review options for funding models best suited for such partnerships, which may include cost-sharing and public-private partnership models with industry.
(c)
Deadline.
Transmittal.—
Not later than 12 months after the date of enactment of this Act, the Administrator shall transmit to the 138 STAT. 1413
covered committees of Congress the study described in subsection (a).
TITLE XI—
MISCELLANEOUS
SEC. 1101.
TECHNICAL CORRECTIONS.
(a)
Title 49 Analysis.—
The analysis for title 49, United States Code,
49 USC
prec. 101.
is amended
by striking
the item relating to subtitle IX and inserting
the following:“IX.
MULTIMODAL FREIGHT TRANSPORTATION
70101”.
(b)
Subtitle I Analysis.—
The analysis for subtitle I of title 49, United States Code,
49 USC
prec. 101.
is amended
by striking
the item relating to chapter 7.(c)
Subtitle VII Analysis.—
The analysis for subtitle VII of title 49, United States Code,
49 USC
prec. 40101.
is amended
by striking
the item relating to chapter 448 and inserting
the following:“448.
Unmanned Aircraft Systems
44801”.
(d)
Authority To Exempt.—
Section 40109(b) of title 49, United States Code,
is amended
by striking
“sections 40103(b)(1) and (2) of this title” and inserting
“paragraphs (1) and (2) of section 40103(b)”.(e)
Disposal of Property.—
Section 40110(c)(4) of title 49, United States Code,
is amended
by striking
“subsection (a)(2)” and inserting
“subsection (a)(3)”.(f)
General Procurement Authority.—
Section 40110(d)(3) of title 49, United States Code, is further amended—
(1)
in subparagraph (B) by
inserting
“, as in effect on October 9, 1996” after “Policy Act”;(2)
in subparagraph (C) by
striking
“the Office of Federal Procurement Policy Act” and inserting
“division B of subtitle I of title 41”; and(3)
in subparagraph (D) by
striking
“section 27(e)(3)(A)(iv) of the Office of Federal Procurement Policy Act” and inserting
“section 2105(c)(1)(D) of title 41”.(g)
Government-Financed Air Transportation.—
Section 40118(g)(1) of title 49, United States Code,
is amended
by striking
“detection and reporting of potential human trafficking (as described in paragraphs (9) and (10)” and inserting
“detection and reporting of potential severe forms of trafficking in persons and sex trafficking (as such terms are defined in paragraphs (11) and (12)”.(h)
FAA Authority To Conduct Criminal History Record Checks.—
Section 40130(a)(1)(A) of title 49, United States Code,
is amended
by striking
“(42 U.S.C. 14616)” and inserting
“(34 U.S.C. 40316)”.(i)
Submissions of Plans.—
Section 41313(c)(16) of title 49, United States Code,
is amended
by striking
“will consult” and inserting
“the foreign air carrier shall consult”.(j)
Plans and Policy.—
Section 44501(c) of title 49, United States Code,
is amended
—(1)
in paragraph (2)(B)(i), by
striking
“40119,”; and(2)
in paragraph (3) by
striking
“Subject to section 40119(b) of this title and regulations prescribed under section 40119(b),” and inserting
“Subject to section 44912(d)(2) and regulations prescribed under such section,”.138 STAT. 1414(k)
Civil Penalty.—
Section 44704(f) of title 49, United States Code,
is amended
by striking
“subsection (a)(6)” and inserting
“subsection (d)(3)”.(l)
Use and Limitation of Amounts.—
Section 44508 of title 49, United States Code,
is amended
by striking
“40119,” each place it appears.(m)
Structures Interfering With Air Commerce or National Security.—
Section 44718(h) of title 49, United States Code, .
is amended
to read as follows:“(h)
Definitions.—
In this section, the terms ‘adverse impact on military operations and readiness’ and ‘unacceptable risk to the national security of the United States’ have the meaning given those terms in section 183a(h) of title 10.”
(n)
Meteorological Services.—
Section 44720(b)(2) of title 49, United States Code,
is amended
—(1)
by
striking
“the Administrator to persons” and inserting
“the Administrator, to persons”; and(2)
by
striking
“the Administrator and to” and inserting
“the Administrator, and to”.(o)
Aeronautical Charts.—
Section 44721(c)(1) of title 49, United States Code,
is amended
by striking
“1947,” and inserting
“1947”.(p)
Flight Attendant Certification.—
Section 44728(c) of title 49, United States Code,
is amended
by striking
“Regulation,” and inserting
“Regulations,”.(q)
Manual Surcharge.—
The analysis for chapter 453 of title 49, United States Code,
49 USC
prec. 45301.
is amended
by adding
at the end the following:“45306.
Manual surcharge.”.
(r)
Schedule of Fees.—
Section 45301(a) of title 49, United States Code,
is amended
by striking
“The Administrator shall establish” and inserting
“The Administrator of the Federal Aviation Administration shall establish”.(s)
Judicial Review.—
Section 46110(a) of title 49, United States Code,
is amended
by striking
“subsection (l) or (s) of section 114” and inserting
“subsection (l) or (r) of section 114”.(t)
Civil Penalties.—
Section 46301(a) of title 49, United States Code,
is amended
—(1)
in the heading for paragraph (6), by
striking
“Failure to collect airport security badges” and inserting
“Failure to collect airport security badges”; and(2)
in paragraph (7), by
striking
“Penalties relating to harm to passengers with disabilities” in the paragraph heading and inserting
“Penalties relating to harm to passengers with disabilities”.(u)
Payments Under Project Grant Agreements.—
Section 47111(e) of title 49, United States Code,
is amended
by striking
“fee” and inserting
“charge”.(v)
Agreements for State and Local Operation of Airport Facilities.—
Section 47124(b)(1)(B)(ii) of title 49, United States Code,
is amended
by striking
the second period at the end.(w)
Use of Funds for Repairs for Runway Safety Repairs.—
Section 47144(b)(4) of title 49, United States Code,
is amended
by striking
“(42 U.S.C. 4121 et seq.)” and inserting
“(42 U.S.C. 5121 et seq.)”.(x)
Metropolitan Washington Airports Authority.—
Section 49106 of title 49, United States Code,
is amended
—138 STAT. 1415(1)
in subsection (a)(1)(B) by
striking
“and section 49108 of this title”; and(2)
in subsection (c)(6)(C) by
inserting
“the” before “jurisdiction”.(y)
Separability and Effect of Judicial Order.—
Section 49112(b) of title 49, United States Code,
is amended
—(1)
by
striking
paragraph (1); and(2)
by
striking
“(2) Any action” and inserting
“Any action”.SEC. 1102.
TRANSPORTATION OF ORGANS.
(a)
Deadline.
In General.—
Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall convene a working group (in this section referred to as the “working group”) to assist in developing best practices for transportation of an organ in the cabin of an aircraft operating under part 121 of title 14, Code of Federal Regulations, and to identify regulations that hinder such transportation, if applicable.
(b)
Composition.—
The working group shall be comprised of representatives from the following:
(1)
Air carriers operating under part 121 of title 14, Code of Federal Regulations.
(2)
Organ procurement organizations.
(3)
Organ transplant hospitals.
(4)
Flight attendants.
(5)
Other relevant Federal agencies involved in organ transportation or air travel.
(c)
Considerations.—
In establishing the best practices described in subsection (a), the working group shall consider—
(1)
a safe, standardized process for acceptance, handling, management, and transportation of an organ in the cabin of such aircraft; and
(2)
protocols to ensure the safe and timely transport of an organ in the cabin of such aircraft, including through connecting flights.
(d)
Reports.
Recommendations.—
Not later than 1 year after the convening of the working group, such working group shall submit to the Secretary a report containing recommendations for the best practices described in subsection (a).
(e)
Definition of Organ.—
In this section, the term “
organ
”—(1)
has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations; and
(2)
includes—
(A)
organ-related tissue;
(B)
bone marrow; and
(C)
human cells, tissues, or cellular or tissue-based products (as such term is defined in section 1271.3(d) of title 21, Code of Federal Regulations).
SEC. 1103.
49 USC 40101 note.
ACCEPTANCE OF DIGITAL DRIVER’S LICENSE AND IDENTIFICATION CARDS.
The Administrator shall take such actions as may be necessary to accept, in any instance where an individual is required to submit government-issued identification to the Administrator, a digital or mobile driver’s license or identification card issued to such individual by a State.138 STAT. 1416
SEC. 1104.
QUASQUICENTENNIAL OF AVIATION.
(a)
Findings.—
Congress finds the following:
(1)
December 17, 2028, is the 125th anniversary of the first successful manned, free, controlled, and sustained flight by an aircraft.
(2)
The first flight by Orville and Wilbur Wright in Kitty Hawk, North Carolina, is a defining moment in the history of the United States and the world.
(3)
The Wright brothers’ achievement is a testament to their ingenuity, perseverance, and commitment to innovation, which has inspired generations of aviators and scientists alike.
(4)
The advent of aviation and the air transportation industry has fundamentally transformed the United States and the world for the better.
(5)
The 125th anniversary of the Wright brothers’ first flight is worthy of recognition and celebration to honor their legacy and to inspire a new generation of Americans as aviation reaches an inflection point of innovation and change.
(b)
Sense of Congress.—
It is the sense of Congress that the Secretary, the Administrator, and the heads of other appropriate Federal agencies should facilitate and participate in local, national, and international observances and activities that commemorate and celebrate the 125th anniversary of powered flight.
SEC. 1105.
Effective dates.
49 USC 44714 note.
LIMITATIONS FOR CERTAIN CARGO AIRCRAFT.
(a)
Time period.
In General.—
The standards adopted by the Administrator of the Environmental Protection Agency in part 1030 of title 40, Code of Federal Regulations, and the requirements in part 38 of title 14, Code of Federal Regulations, that were finalized by the Administrator of the FAA under the final rule titled “Airplane Fuel Efficiency Certification”, and published on February 16, 2024 (89 Fed. Reg. 12634) in part 38 of title 14, Code of Federal Regulations, shall not apply to any covered airplane before the date that is 5 years after January 1, 2028.
(b)
Operational Limitation.—
The Administrator shall limit to domestic use or international operations, consistent with relevant international agreements and standards, the operation of any covered airplane that—
(1)
does not meet the standards and requirements described in subsection (a); and
(2)
received an original certificate of airworthiness issued by the Administrator on or after January 1, 2028.
(c)
Definitions.—
In this section:
(1)
Covered airplane.—
The term “
covered airplane
” means an airplane that—(A)
is a subsonic jet that is a purpose-built freighter;
(B)
has a maximum takeoff mass greater than 180,000 kilograms but not greater than 240,000 kilograms; and
(C)
has a type design certificated prior to January 1, 2023.
(2)
Purpose-built freighter.—
The term “
purpose-built freighter
” means any airplane that—(A)
was configured to carry cargo rather than passengers prior to receiving an original certificate of airworthiness; and
(B)
is configured to carry cargo rather than passengers.138 STAT. 1417
SEC. 1106.
49 USC 106 note.
PROHIBITION ON MANDATES.
(a)
Prohibition on Mandates.—
The Administrator may not require any contractor to mandate that employees of such contractor obtain a COVID–19 vaccine or enforce any condition regarding the COVID–19 vaccination status of employees of a contractor.
(b)
Prohibition on Implementation.—
The Administrator may not implement or enforce any requirement that—
(1)
employees of air carriers be vaccinated against COVID–19;
(2)
employees of the FAA be vaccinated against COVID–19; or
(3)
passengers of air carriers be vaccinated against COVID–19 or wear a mask as a result of a COVID–19 related public health measure.
SEC. 1107.
COVID–19 VACCINATION STATUS.
(a)
In General.—
Chapter 417 of title 49, United States Code, is further amended by .
adding
at the end the following:Ҥ 41729.
49 USC 41729.
COVID–19 vaccination status
“(a)
In General.—
An air carrier (as such term is defined in section 40102) may not deny service to any individual solely based on the vaccination status of the individual with respect to COVID–19.
“(b)
Rule of Construction.—
Nothing in this section shall be construed to apply to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers.”
(b)
Clerical Amendment.—
The analysis for chapter 417 of title 49, United States Code,
49 USC
prec. 41701.
is further amended byinserting
after the item relating to section 41728 the following:“41729.
COVID–19 vaccination status.”.
(c)
49 USC 41729 note.
Rule of Construction.—
Nothing in this section, or the amendment made by this section, shall be construed to permit or otherwise authorize an executive agency to enact or otherwise impose a COVID–19 vaccine mandate.
SEC. 1108.
Deadline.
Federal Register, publication.
Notice.
Compliance.
49 USC 40103 note.
RULEMAKING RELATED TO OPERATING HIGH-SPEED FLIGHTS IN HIGH ALTITUDE CLASS E AIRSPACE.
Not later than 2 years after the date on which the Administrator identifies the minimum altitude pursuant to section 1011, the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under section 1011 without specific authorization, provided that such flight operations—
(1)
show compliance with airworthiness requirements;
(2)
do not produce appreciable sonic boom overpressures that reach the surface under prevailing atmospheric conditions;
(3)
have ordinary instrument flight rules clearances necessary to operate in controlled airspace; and
(4)
comply with applicable environmental requirements.138 STAT. 1418
SEC. 1109.
49 USC 44504 note.
FAA LEADERSHIP IN HYDROGEN AVIATION.
(a)
In General.—
The Administrator shall exercise leadership in the development of Federal regulations, standards, best practices, and guidance relating to the safe and efficient certification of the use of hydrogen in civil aviation, including the certification of hydrogen-powered commercial aircraft.
(b)
Exercise of Leadership.—
In carrying out subsection (a), the Administrator shall—
(1)
Certification.
develop a viable path for the certification of the safe use of hydrogen in civil aviation, including hydrogen-powered aircraft, that considers existing frameworks, modifying an existing framework, or developing new standards, best practices, or guidance to complement the existing frameworks, as appropriate;
(2)
Review.
review certification regulations, guidance, and other requirements of the FAA to identify ways to safely and efficiently certify hydrogen-powered commercial aircraft;
(3)
consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when developing regulations and standards that enable the safe certification and deployment of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft, in the national airspace system; and
(4)
obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, academia, research institutions, and other stakeholders regarding—
(A)
an appropriate regulatory framework and timeline for permitting the safe and efficient use of hydrogen in civil aviation, including the deployment and operation of hydrogen-powered commercial aircraft in the United States, which may include updating or modifying existing regulations;
(B)
how to accelerate the resolution of issues related to data, standards development, and related regulations necessary to facilitate the safe and efficient certification of the use of hydrogen in civil aviation, including hydrogen-powered commercial aircraft; and
(C)
other issues identified and determined appropriate by the Administrator or the advisory committee established under section 1019(d)(7) to be addressed to enable the safe and efficient use of hydrogen in civil aviation, including the deployment and operation of hydrogen-powered commercial aircraft.
SEC. 1110.
ADVANCING GLOBAL LEADERSHIP ON CIVIL SUPERSONIC AIRCRAFT.
Section 181 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note)
is amended
—(1)
in subsection (a) by
striking
“regulations, and standards” and inserting
“regulations, standards, and recommended practices”; and(2)
by .
adding
at the end the following new subsection:“(g)
Additional Reports.—
“(1)
Initial progress report.—
Not later than 1 year after the date of enactment of this subsection, the Administrator 138 STAT. 1419
shall submit to the appropriate committees of Congress a report describing—
“(A)
the progress of the actions described in subsection (d)(1);
“(B)
any planned, proposed, or anticipated action to update or modify existing policies and regulations related to civil supersonic aircraft, including such actions identified as a result of stakeholder consultation and feedback (such as landing and takeoff noise); and
“(C)
any other information determined appropriate by the Administrator.
“(2)
Update.
Subsequent report.—
Not later than 2 years after the date on which the Administrator submits the initial progress report under paragraph (1), the Administrator shall update the report described in paragraph (1) and submit to the appropriate committees of Congress such report.”
SEC. 1111.
LEARNING PERIOD.
Section 50905(c)(9) of title 51, United States Code,
is amended
by striking
“May 11, 2024” and inserting
“January 1, 2025”.SEC. 1112.
COUNTER-UAS AUTHORITIES.
Section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C. 124n(i))
is amended
by striking
“May 11, 2024” and inserting
“October 1, 2024”.SEC. 1113.
STUDY ON AIR CARGO OPERATIONS.
(a)
Deadline.
In General.—
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study on the economic sustainability of air cargo operations.
(b)
Contents.—
In conducting the study required under subsection (a), the Comptroller General shall address the following:
(1)
Strategies.
Plans.
Airport and cargo development strategies, including the pursuit of new air carriers and plans for physical expansion.
(2)
Statistics.
Key historical statistics for passenger, cargo volumes, including freight, express, and mail cargo, and operations, including statistics distinguishing between passenger and freight operations.
(3)
A description of air cargo facilities, including the age and condition of such facilities and the square footage and configuration of the landside and airside infrastructure of such facilities, and cargo buildings.
(4)
The projected square footage deficit of the cargo facilities and infrastructure described in paragraph (3).
(5)
Requirements.
The projected requirements and square footage deficit for air cargo support facilities.
(6)
The general physical and operating issues and constraints associated with air cargo operations.
(7)
A description of delays in truck bays associated with the infrastructure and critical landside issues, including truck maneuvering and queuing and parking for employees and customers.
(8)
Cost estimates.
The estimated cost of developing new cargo facilities and infrastructure, including the identification of percentages for development with a return on investment and without a return on investment.138 STAT. 1420
(9)
Cost projections.
The projected leasing costs to tenants per square foot with and without Federal funding of the non-return on investment allocation.
(10)
A description of customs and general staffing issues associated with air cargo operations and the impacts of such issues on service.
(11)
Assessment.
An assessment of the impact, cost, and estimated cost savings of using modern comprehensive communications and technology systems in air cargo operations.
(12)
A description of the impact of Federal regulations and local enforcement of interdiction and facilitation policies on throughput.
(c)
Report.—
The Comptroller General shall submit to the appropriate committees of Congress the results of the study carried out under this section.
SEC. 1114.
Deadlines.
49 USC 40101 note.
WING-IN-GROUND-EFFECT CRAFT.
(a)
Memorandum of Understanding.—
(1)
In general.—
Not later than 24 months after the date of enactment of this Act, the Administrator and the Commandant of the Coast Guard shall execute a memorandum of understanding governing the specific roles, authorities, delineations of responsibilities, resources, and commitments of the FAA and the Coast Guard, respectively, pertaining to wing-in-ground-effect craft that are—
(A)
only capable of operating either in water or in ground effect over water; and
(B)
operated exclusively over waters subject to the jurisdiction of the United States.
(2)
Contents.—
The memorandum of understanding described in paragraph (1) shall—
(A)
cover, at a minimum, the processes of the FAA and the Coast Guard will follow to promote communications, efficiency, and nonduplication of effort in carrying out such memorandum of understanding; and
(B)
Procedures.
provide procedures for, at a minimum—
(i)
the approval of wing-in-ground-effect craft designs;
(ii)
the operation of wing-in-ground-effect craft, including training and certification of persons responsible for operating such craft;
(iii)
pilotage of wing-in-ground-effect craft;
(iv)
the inspection, including pre-delivery and service, of wing-in-ground-effect craft; and
(v)
the maintenance of wing-in-ground-effect craft.
(b)
Recommenda-
tions.
Status Briefing.—
Not later than 1 year after the date of enactment of this Act, the Administrator and the Commandant shall brief the appropriate committees of Congress on the status of the memorandum of understanding described in subsection (a) as well as provide any recommendations for legislative action to improve efficacy or efficiency of wing-in-ground-effect craft governance.
(c)
Wing-in-ground-effect Craft Defined.—
In this section, the term “
wing-in-ground-effect craft
” means a craft that is capable of operating completely above the surface of the water on a dynamic air cushion created by aerodynamic lift due to the ground effect between the craft and the surface of the water.138 STAT. 1421SEC. 1115.
CERTIFICATES OF AUTHORIZATION OR WAIVER.
(a)
49 USC 40103 note.
Required Coordination.—
(1)
Time period.
In general.—
On an annual basis, the Administrator shall convene a meeting with representatives of FAA-approved air shows, the general aviation community, stadiums and other large outdoor events and venues or organizations that run such events, the Department of Homeland Security, and the Department of Justice—
(A)
to identify scheduling conflicts between FAA-approved air shows and large outdoor events and venues where—
(i)
flight restrictions will be imposed pursuant to section 521 of division F of the Consolidated Appropriations Act, 2004 (49 U.S.C. 40103 note); or
(ii)
any other restriction will be imposed pursuant to FAA Flight Data Center Notice to Airmen 4/3621 (or any successor notice to airmen); and
(B)
Procedures.
in instances where a scheduling conflict between events is identified or is found to be likely to occur, develop appropriate operational and communication procedures to ensure for the safety and security of both events.
(2)
Scheduling conflict.—
If the Administrator or any other stakeholder party to the required annual coordination required in paragraph (1) identifies a scheduling conflict outside of the annual meeting at any point prior to the scheduling conflict, the Administrator shall work with impacted stakeholders to develop appropriate operational and communication procedures to ensure for the safety and security of both events.
(b)
Operational Purposes.—
Section 521(a)(2)(B) of division F of the Consolidated Appropriations Act, 2004 (49 U.S.C. 40103 note)
is amended
—(1)
in clause (ii) by
inserting
“(or attendees approved by)” after “guests of”;(2)
in clause (iv) by
striking
“and” at the end; and(3)
by .
adding
at the end the following:“(vi)
to permit the safe operation of an aircraft that is operated by an airshow performer in connection with an airshow, provided such aircraft is not permitted to operate directly over the stadium (or adjacent parking facilities) during the sporting event; and”
SEC. 1116.
DESIGNATION OF ADDITIONAL PORT OF ENTRY FOR THE IMPORTATION AND EXPORTATION OF WILDLIFE AND WILDLIFE PRODUCTS BY THE UNITED STATES FISH AND WILDLIFE SERVICE.
(a)
In General.—
Subject to the availability of funding and in accordance with subsection (b), the Director of the United States Fish and Wildlife Service shall designate 1 additional port as a “port of entry designated for the importation and exportation of wildlife and wildlife products” under section 14.12 of title 50, Code of Federal Regulations.
(b)
Criteria for Selecting Additional Designated Port.—
The Director shall select the additional port to be designated pursuant to subsection (a) from among the United States airports that handled more than 8,000,000,000 pounds of cargo during 2022, as reported by the Federal Aviation Administration Air Carrier Activity Information System, and based upon the analysis submitted 138 STAT. 1422
to Congress by the Director pursuant to the Wildlife Trafficking reporting directive under title I of Senate Report 114–281.
(c)
Authority to Accept Donations.—
The Director may accept donations from private entities and, notwithstanding section 3302 of title 31, United States Code, may use those donations to fund the designation of the additional port pursuant to subsection (a).
TITLE XII—
National Transportation Safety Board Amendments Act of 2024.
NATIONAL TRANSPORTATION SAFETY BOARD
SEC. 1201.
49 USC 1101 note.
SHORT TITLE.
This title may be cited as the “
National Transportation Safety Board Amendments Act of 2024
”.SEC. 1202.
AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, .
is amended
to read as follows:“(a)
In General.—
“(1)
Authorizations.—
There is authorized to be appropriated for purposes of this chapter—
“(A)
$140,000,000 for fiscal year 2024;
“(B)
$145,000,000 for fiscal year 2025;
“(C)
$148,000,000 for fiscal year 2026;
“(D)
$151,000,000 for fiscal year 2027; and
“(E)
$154,000,000 for fiscal year 2028.
“(2)
Availability.—
Amounts authorized under paragraph (1) shall remain available until expended.”
SEC. 1203.
CLARIFICATION OF TREATMENT OF TERRITORIES.
Section 1101 of title 49, United States Code, .
is amended
to read as follows:Ҥ 1101.
Definitions
“(a)
In General.—
In this chapter:
“(1)
Accident.—
The term ‘
accident
’ includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.“(2)
State.—
The term ‘
State
’ means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.“(b)
Applicability of Other Definitions.—
Section 2101(23) of title 46 and section 40102(a) of this title shall apply to this chapter.”
SEC. 1204.
ADDITIONAL WORKFORCE TRAINING.
(a)
Training on Emerging Transportation Technologies.—
Section 1113(b)(1) of title 49, United States Code,
is amended
—(1)
in subparagraph (I) by
striking
“; and” and inserting
a semicolon;(2)
in subparagraph (J) by
striking
the period and inserting
“; and”; and(3)
by .
adding
at the end the following:138 STAT. 1423
“(K)
notwithstanding section 3301 of title 41, acquire training on emerging transportation technologies if such training—
“(i)
is required for an ongoing investigation; and
“(ii)
meets the criteria under section 3304(a)(7)(A) of title 41.”
(b)
Additional Training Needs.—
Section 1115(d) of title 49, United States Code,
is amended
by inserting
“and in those subjects furthering the personnel and workforce development needs set forth in the strategic workforce plan of the Board as required under section 1113(h)” after “of accident investigation”.SEC. 1205.
Repeal.
OVERTIME ANNUAL REPORT TERMINATION.
Section 1113(g)(5) of title 49, United States Code, is
repealed
.SEC. 1206.
STRATEGIC WORKFORCE PLAN.
Section 1113 of title 49, United States Code, .
is amended
by adding
at the end the following:“(h)
Strategic Workforce Plan.—
“(1)
In general.—
The Board shall develop a strategic workforce plan that addresses the immediate and long-term workforce needs of the Board with respect to carrying out the authorities and duties of the Board under this chapter.
“(2)
Aligning the workforce to strategic goals.—
In developing the strategic workforce plan under paragraph (1), the Board shall take into consideration—
“(A)
the current state and capabilities of the Board, including a high-level review of mission requirements, structure, workforce, and performance of the Board;
“(B)
the significant workforce trends, needs, issues, and challenges with respect to the Board and the transportation industry;
“(C)
with respect to employees involved in transportation safety work, the needs, issues, and challenges, including accident severity and risk, posed by each mode of transportation, and how the Board’s staffing for each transportation mode reflects these aspects;
“(D)
the workforce policies, strategies, performance measures, and interventions to mitigate succession risks that guide the workforce investment decisions of the Board;
“(E)
a workforce planning strategy that identifies workforce needs, including the knowledge, skills, and abilities needed to recruit and retain skilled employees at the Board;
“(F)
a workforce management strategy that is aligned with the mission of the Board, including plans for continuity of leadership and knowledge sharing;
“(G)
an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; and
“(H)
a system for analyzing and evaluating the performance of the Board’s workforce management policies, programs, and activities.
“(3)
Planning period.—
The strategic workforce plan developed under paragraph (1) shall address a 5-year forecast period, but may include planning for longer periods based on information about emerging technologies or safety trends in transportation.138 STAT. 1424
“(4)
Time period.
Plan updates.—
The Board shall update the strategic workforce plan developed under paragraph (1) not less than once every 5 years.
“(5)
Relationship to strategic plan.—
The strategic workforce plan developed under paragraph (1) may be developed separately from, or incorporated into, the strategic plan required under section 306 of title 5.
“(6)
Availability.—
The strategic workforce plan under paragraph (1) and the strategic plan required under section 306 of title 5 shall be—
“(A)
submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and
“(B)
Public information.
Web posting.
made available to the public on a website of the Board.”
SEC. 1207.
TRAVEL BUDGETS.
(a)
In General.—
Section 1113 of title 49, United States Code, is further amended by .
adding
at the end the following:“(i)
Non-accident-related Travel Budget.—
“(1)
In general.—
The Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for each Board member.
“(2)
Deadline.
Notification.—
The Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any non-accident-related travel budget overrun for any Board member not later than 30 days of such overrun becoming known to the Board.”
(b)
Repeal.
Conforming Amendment.—
Section 9 of the National Transportation Safety Board Amendments Act of 2000 (49 U.S.C. 1113 note) is
repealed
.SEC. 1208.
NOTIFICATION REQUIREMENT.
(a)
In General.—
Section 1114(b) of title 49, United States Code,
is amended
—(1)
in the subsection heading by
striking
“Trade Secrets” and inserting
“Certain Confidential Information”; and(2)
in paragraph (1)—
(A)
by
striking
“The Board” and inserting
“In general.—The Board”; and(B)
by
striking
“information related to a trade secret referred to in section 1905 of title 18” and inserting
“confidential information described in section 1905 of title 18, including trade secrets,”.(b)
Aviation Enforcement.—
Section 1151 of title 49, United States Code, .
is amended
by adding
at the end the following:“(d)
Notification to Congress.—
If the Board or Attorney General carry out such civil actions described in subsection (a) or (b) of this section against an airman employed at the time of the accident or incident by an air carrier operating under part 121 of title 14, Code of Federal Regulations, the Board shall immediately notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such civil actions, including—138 STAT. 1425
“(1)
the labor union representing the airman involved, if applicable;
“(2)
the air carrier at which the airman is employed;
“(3)
the docket information of the incident or accident in which the airman was involved;
“(4)
the date of such civil actions taken by the Board or Attorney General; and
“(5)
a description of why such civil actions were taken by the Board or Attorney General.
“(e)
Reports.
Briefing.
Compliance.
Subsequent Notification to Congress.—
Not later than 15 days after the notification described in subsection (d), the Board shall submit a report to or brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the status of compliance with the civil actions taken.”
SEC. 1209.
BOARD JUSTIFICATION OF CLOSED UNACCEPTABLE RECOMMENDATIONS.
Section 1116(c) of title 49, United States Code,
is amended
—(1)
by
redesignating
paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and(2)
by .
inserting
after paragraph (2) the following:“(3)
List.
Time period.
a list of each recommendation made by the Board to the Secretary of Transportation or the Commandant of the Coast Guard that was closed in an unacceptable status in the preceding 12 months, including—
“(A)
any explanation the Board received from the Secretary or Commandant; and
“(B)
any explanation from the Board as to why the recommendation was closed in an unacceptable status, including a discussion of why alternate means, if any, taken by the Secretary or Commandant to address the Board’s recommendation were inadequate;”
SEC. 1210.
MISCELLANEOUS INVESTIGATIVE AUTHORITIES.
(a)
Highway Investigations.—
Section 1131(a)(1)(B) of title 49, United States Code,
is amended
by striking
“selects in cooperation with a State” and inserting
“selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency”.(b)
Rail Investigations.—
Section 1131(a)(1)(C) of title 49, United States Code, .
is amended
to read as follows:“(C)
a railroad—
“(i)
accident in which there is a fatality or substantial property damage, except—
“(I)
a grade crossing accident or incident, unless selected by the Board; or
“(II)
an accident or incident involving a trespasser, unless selected by the Board; or
“(ii)
accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fatalities or serious injuries to the passengers or crewmembers of such train, and—
“(I)
was a grade crossing accident or incident, unless selected by the Board; or138 STAT. 1426
“(II)
such accident or incident involved a trespasser, unless selected by the Board;”
SEC. 1211.
PUBLIC AVAILABILITY OF ACCIDENT REPORTS.
Section 1131(e) of title 49, United States Code,
is amended
by striking
“public at reasonable cost.” and inserting
the following: “public—
.“(1)
Web posting.
in electronic form at no cost in a publicly accessible database on a website of the Board; and
“(2)
if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.”
SEC. 1212.
ENSURING ACCOUNTABILITY FOR TIMELINESS OF REPORTS.
Section 1131 of title 49, United States Code, .
is amended
by adding
at the end the following:“(f)
Timeliness of Reports.—
If any accident report under subsection (e) is not completed within 2 years from the date of the accident, the Board shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report identifying such accident report and the reasons for which such report has not been completed.
Time period.
The Board shall report progress toward completion of the accident report to each such Committees every 90 days thereafter, until such time as the accident report is completed.”SEC. 1213.
ENSURING ACCESS TO DATA.
Section 1134 of title 49, United States Code, .
is amended
by adding
at the end the following:“(g)
Requirement.
Determinations.
Recorders and Data.—
In investigating an accident under this chapter, the Board may require from a transportation operator or equipment manufacturer or the vendors, suppliers, subsidiaries, or parent companies of such manufacturer, or operator of a product or service which is subject to an investigation by the Board—
“(1)
any recorder or recorded information pertinent to the accident;
“(2)
without undue delay, information the Board determines necessary to enable the Board to read and interpret any recording device or recorded information pertinent to the accident; and
“(3)
design specifications or data related to the operation and performance of the equipment the Board determines necessary to enable the Board to perform independent physics-based simulations and analyses of the accident situation.”
SEC. 1214.
PUBLIC AVAILABILITY OF SAFETY RECOMMENDATIONS.
Section 1135(c) of title 49, United States Code,
is amended
by striking
“public at reasonable cost.” and inserting
the following: “public—
.138 STAT. 1427“(1)
Web posting.
in electronic form at no cost in a publicly accessible database on a website of the Board; and
“(2)
if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.”
SEC. 1215.
IMPROVING DELIVERY OF FAMILY ASSISTANCE.
(a)
Aircraft Accidents.—
Section 1136 of title 49, United States Code,
is amended
—(1)
in the heading by
striking
“to families of passengers involved in aircraft accidents” and inserting
“to passengers involved in aircraft accidents and families of such passengers”;(2)
in subsection (a)—
(A)
by
inserting
“within United States airspace or airspace delegated to the United States” after “aircraft accident”;(B)
by
striking
“National Transportation Safety Board shall” and inserting
“Board shall”; and(C)
in paragraph (2)—
(i)
by
striking
“emotional care and support” and inserting
“emotional care, psychological care, and family support services”; and(ii)
by
striking
“the families of passengers involved in the accident” and inserting
“passengers involved in the accident and the families of such passengers”;(3)
in subsection (c)—
(A)
in the matter preceding paragraph (1), by
striking
“the families of passengers involved in the accident” and inserting
“passengers involved in the accident and the families of such passengers”;(B)
in paragraph (1) by
striking
“mental health and counseling services” and inserting
“emotional care, psychological care, and family support services”;(C)
in paragraph (3)—
(i)
by
striking
“the families who have traveled to the location of the accident” and inserting
“passengers involved in the accident and the families of such passengers who have traveled to the location of the accident”;(ii)
by
inserting
“passengers and” before “affected families”; and(iii)
by
striking
“periodically” and inserting
“regularly”; and(D)
in paragraph (4), by
inserting
“passengers and” before “families”;(4)
by ;
amending
subsection (d) to read as follows:“(d)
Passenger Lists.—
“(1)
Requests for passenger lists by the director of family services.—
“(A)
Requests by director of family support services.—
It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the air carrier or foreign air carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
“(B)
Use of information.—
The director of family support services may not release to any person information on a list obtained under subparagraph (A), except that the director may, to the extent the director considers appropriate, provide information on the list about a passenger to—138 STAT. 1428
“(i)
the family of the passenger; or
“(ii)
a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
“(C)
Limitation.—
A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services.
“(D)
Rule of construction.—
Nothing in subparagraph (C) shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B).
“(2)
Requests for passenger lists by designated organization.—
“(A)
Requests by designated organization.—
The organization designated for an accident under subsection (a)(2) may request from the air carrier or foreign air carrier involved in the accident a passenger list.
“(B)
Use of information.—
The designated organization may not release to any person information on a passenger list but may provide information on the list about a passenger to the family of the passenger to the extent the organization considers appropriate.”
(5)
in subsection (g)(1) by
striking
“the families of passengers involved in the accident” and inserting
“passengers involved in the accident and the families of such passengers”;(6)
in subsection (g)(3)—
(A)
in the paragraph heading by
striking
“prevent mental health and counseling” and inserting
“prevent certain care and support”;(B)
by
striking
“providing mental health and counseling services” and inserting
“providing emotional care, psychological care, and family support services”; and(C)
by
inserting
“passengers and” before “families”;(7)
in subsection (h)—
(A)
by
striking
“National Transportation Safety”; and(B)
by ; and
adding
at the end the following:“(3)
Definition.
Passenger list.—
The term ‘
passenger list
’ means a list based on the best available information at the time of a request, of the name of each passenger aboard the aircraft involved in the accident.”(8)
in subsection (i) by
striking
“the families of passengers involved in an aircraft accident” and inserting
“passengers involved in the aircraft accident and the families of such passengers”.(b)
Clerical Amendment.—
The analysis for chapter 11 of title 49, United States Code,
49 USC
prec. 1101.
is further amended bystriking
the item relating to section 1136 and inserting
the following:“1136.
Assistance to passengers involved in aircraft accidents and families of such passengers.”.
(c)
Rail Accidents.—
Section 1139 of title 49, United States Code,
is amended
—(1)
in the heading by
striking
“to families of passengers involved in rail passenger accidents” and inserting
“to 138 STAT. 1429
passengers involved in rail passenger accidents and families of such passengers”;(2)
in subsection (a) by
striking
“National Transportation Safety Board shall” and inserting
“Board shall”;(3)
in subsection (a)(2)—
(A)
by
striking
“emotional care and support” and inserting
“emotional care, psychological care, and family support services”; and(B)
by
striking
“the families of passengers involved in the accident” and inserting
“passengers involved in the accident and the families of such passengers”;(4)
in subsection (c)—
(A)
in the matter preceding paragraph (1) by
striking
“the families of passengers involved in the accident” and inserting
“passengers involved in the accident and the families of such passengers”;(B)
in paragraph (1) by
striking
“mental health and counseling services” and inserting
“emotional care, psychological care, and family support services”;(C)
in paragraph (3)—
(i)
by
striking
“the families who have traveled to the location of the accident” and inserting
“passengers involved in the accident and the families of such passengers who have traveled to the location of the accident”; and(ii)
by
inserting
“passengers and” before “affected families”; and(D)
in paragraph (4) by
inserting
“passengers and” before “families”;(5)
by ;
amending
subsection (d) to read as follows:“(d)
Passenger Lists.—
“(1)
Requests for passenger lists by the director of family services.—
“(A)
Requests by director of family support services.—
It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a passenger list, which is based on the best available information at the time of the request.
“(B)
Use of information.—
The director of family support services may not release to any person information on a list obtained under subparagraph (A), except that the director may, to the extent the director considers appropriate, provide information on the list about a passenger to—
“(i)
the family of the passenger; or
“(ii)
a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
“(C)
Limitation.—
A local, Tribal, State, or Federal agency may not release to any person any information obtained under subparagraph (B)(ii), except if given express authority from the director of family support services.
“(D)
Rule of construction.—
Nothing in subparagraph (C) shall be construed to preclude a local, Tribal, State, or Federal agency from releasing information that 138 STAT. 1430
is lawfully obtained through other means independent of releases made by the director of family support services under subparagraph (B).
“(2)
Requests for passenger lists by designated organization.—
“(A)
Requests by designated organization.—
The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a passenger list.
“(B)
Use of information.—
The designated organization may not release to any person information on a passenger list but may provide information on the list about a passenger to the family of the passenger to the extent the organization considers appropriate.”
(6)
in subsection (g)—
(A)
in paragraph (1) by
striking
“the families of passengers involved in the accident” and inserting
“passengers involved in the accident and the families of such passengers”; and(B)
in paragraph (3)—
(i)
in the paragraph heading by
striking
“prevent mental health and counseling” and inserting
“prevent certain care and support”;(ii)
by
striking
“providing mental health and counseling services” and inserting
“providing emotional care, psychological care, and family support services”; and(iii)
by
inserting
“passengers and” before “families”; and(7)
in subsection (h)—
(A)
by
striking
“National Transportation Safety”; and(B)
by .
adding
at the end the following:“(4)
Definition.
Passenger list.—
The term ‘
passenger list
’ means a list based on the best available information at the time of the request, of the name of each passenger aboard the rail passenger carrier’s train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.”(d)
Plans To Address Needs of Families of Passengers Involved in Rail Passenger Accidents.—
Section 24316(a) of title 49, United States Code,
is amended
by striking
“a major” and inserting
“any”.(e)
Information for Families of Individuals Involved in Accidents.—
Section 1140 of title 49, United States Code,
is amended
—(1)
in the heading by
striking
“for families of individuals involved in accidents” and inserting
“individuals involved in accidents and families of such individuals”; and(2)
by
striking
“the families of individuals involved in the accident” and inserting
“individuals involved in accidents and the families of such individuals”.138 STAT. 1431(f)
Clerical Amendment.—
The analysis for chapter 11 of title 49, United States Code,
49 USC
prec. 1101.
is further amended bystriking
the item relating to section 1139 and inserting
the following:“1139.
Assistance to passengers involved in rail passenger accidents and families of such passengers.”.
SEC. 1216.
UPDATING CIVIL PENALTY AUTHORITY.
(a)
In General.—
Section 1155 of title 49, United States Code,
is amended
—(1)
in the heading by
striking
“Aviation penalties” and inserting
“Penalties”; and(2)
in subsection (a), by
striking
“or section 1136(g) (related to an aircraft accident)” and inserting
“section 1136(g), or section 1139(g)”.(b)
Clerical Amendment.—
The analysis for chapter 11 of title 49, United States Code,
49 USC
prec. 1101.
is amended
by striking
the item relating to section 1155 and inserting
the following:“1155.
Penalties.”.
SEC. 1217.
49 USC 1114 note.
ELECTRONIC AVAILABILITY OF PUBLIC DOCKET RECORDS.
(a)
Deadline.
Web posting.
In General.—
Not later than 24 months after the date of enactment of this Act, the National Transportation Safety Board shall make all records included in the public docket of an accident or incident investigation conducted by the Board (or the public docket of a study, report, or other product issued by the Board) electronically available in a publicly accessible database on a website of the Board, regardless of the date on which such public docket or record was created.
(b)
Database.—
In carrying out subsection (a), the Board may utilize the multimodal accident database management system established pursuant to section 1108 of the FAA Reauthorization Act of 2018 (49 U.S.C. 1119 note) or such other publicly available database as the Board determines appropriate.
(c)
Briefings.—
The Board shall provide the appropriate committees of Congress an annual briefing on the implementation of this section until requirements of subsection (a) are fulfilled. Such briefings shall include—
(1)
the number of public dockets that have been made electronically available pursuant to this section; and
(2)
the number of public dockets that were unable to be made electronically available, including all reasons for such inability.
(d)
Definitions.—
In this section, the terms “public docket” and “record” have the same meanings given such terms in section 801.3 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act.
SEC. 1218.
Deadline.
Applicability.
49 USC 1111 note.
DRUG-FREE WORKPLACE.
Not later than 12 months after the date of enactment of this Act, the National Transportation Safety Board shall implement a drug testing program applicable to Board employees, including employees in safety or security sensitive positions, in accordance with Executive Order No. 12564 (51 Fed. Reg. 32889).
SEC. 1219.
ACCESSIBILITY IN WORKPLACE.
(a)
Deadline.
Assessment.
Determination.
In General.—
Not later than 12 months after the date of enactment of this Act, the National Transportation Safety Board 138 STAT. 1432
shall conduct an assessment of the headquarters and regional offices of the Board to determine barriers to accessibility to facilities.
(b)
Contents.—
In conducting the assessment under subsection (a), the Board shall consider compliance with—
(1)
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and the corresponding accessibility guidelines established under part 1191 of title 36, Code of Federal Regulations; and
(2)
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
SEC. 1220.
MOST WANTED LIST.
(a)
Reporting Requirements.—
Section 1135 of title 49, United States Code,
is amended
by striking
subsection (e).(b)
Repeals.
Report on Most Wanted List Methodology.—
Section 1106 of the FAA Reauthorization Act of 2018 (Public Law 115–254) and the item relating to such section in the table of contents under section 1(b)
132 Stat. 3431, 3192.
of such Act arerepealed
.SEC. 1221.
TECHNICAL CORRECTIONS.
(a)
Evaluation and Audit of National Transportation Safety Board.—
Section 1138(a) of title 49, United States Code,
is amended
by striking
“expenditures of the National Transportation Safety” and inserting
“expenditures of the”.(b)
Organization and Administrative.—
The analysis for chapter 11 of title 49, United States Code,
49 USC
prec. 1101.
is further amended—(1)
by
striking
the items relating to sections 117 and 1117; and(2)
by
inserting
after the item relating to section 1116 the following:“1117.
Methodology.”.
(c)
Surface Transportation Board.—
The analysis for subtitle II of title 49, United States Code,
49 USC
prec. 1101.
is amended
by inserting
after the item relating to chapter 11 the following:“13.
Surface Transportation Board
1301”.
SEC. 1222.
Deadlines.
Revisions.
49 USC 1131 note.
AIR SAFETY INVESTIGATORS.
(a)
Removal of FAA Medical Certificate Requirement.—
Not later than 60 days after the date of enactment of this Act, the Director of the Office of Personnel Management, in consultation with the Administrator and the Chairman of the National Transportation Safety Board, shall take such actions as may be necessary to revise the eligibility requirements for the Air Safety Investigating Series 1815 occupational series (and any similar occupational series relating to transportation accident investigating) to remove any requirement that an individual hold a current medical certificate issued by the Administrator.
(b)
Updates to Other Requirements.—
(1)
In general.—
Not later than 2 years after the date of enactment of this Act, the Director, in coordination with the Administrator and Chairman, shall take such actions as may be necessary to update and revise experiential, educational, and other eligibility requirements for the Air Safety Investigating Series 1815 occupational series (and any similar occupational series relating to transportation accident investigating).
(2)
Considerations.—
In updating the requirements under paragraph (1), the Director shall consider—138 STAT. 1433
(A)
the direct relationship between any requirement and the duties expected to be performed by the position;
(B)
changes in the skills and tools necessary to perform transportation accident investigations; and
(C)
such other considerations as the Director, Administrator, or Chairman determines appropriate.
SEC. 1223.
Reports.
REVIEW OF NATIONAL TRANSPORTATION SAFETY BOARD PROCUREMENTS.
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall, pursuant to section 1138 of title 49, United States Code, submit to the appropriate committees of Congress a report regarding the procurement and contracting planning, practices, and policies of the National Transportation Safety Board, including such planning, practices, and policies regarding sole-source contracts.
TITLE XIII—
REVENUE PROVISIONS
SEC. 1301.
EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND.
(a)
In General.—
Section 9502(d)(1) of the Internal Revenue Code of 1986
26 USC 9502.
is amended
—(1)
in the matter preceding subparagraph (A) by
striking
“May 11, 2024” and inserting
“October 1, 2028”; and(2)
in subparagraph (A) by
striking
the semicolon at the end and inserting
“or the FAA Reauthorization Act of 2024;”.(b)
Conforming Amendment.—
Section 9502(e)(2) of such Code
is amended
by striking
“May 11, 2024” and inserting
“October 1, 2028”.SEC. 1302.
EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a)
Fuel Taxes.—
Section 4081(d)(2)(B) of the Internal Revenue Code of 1986
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2028”.(b)
Ticket Taxes.—
(1)
Persons.—
Section 4261(k)(1)(A)(ii) of the Internal Revenue Code of 1986
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2028”.(2)
Property.—
Section 4271(d)(1)(A)(ii) of the Internal Revenue Code of 1986
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2028”.(c)
Fractional Ownership Programs.—
(1)
Fuel tax.—
Section 4043(d) of the Internal Revenue Code of 1986
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2028”.(2)
Treatment as noncommercial aviation.—
Section 4083(b) of the Internal Revenue Code of 1986
is amended
by striking
“May 11, 2024” and inserting
“October 1, 2028”.138 STAT. 1434(3)
Exemption from ticket tax.—
Section 4261(j) of the Internal Revenue Code of 1986
26 USC 4261.
is amended
by striking
“May 10, 2024” and inserting
“September 30, 2028”.
Approved May 16, 2024.
LEGISLATIVE HISTORY—H.R. 3935:
HOUSE REPORTS: ┐No. 118–138 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD:
Vol. 169 (2023):
July 19, 20, considered and passed House.
Sept. 28–30, considered in Senate.
Vol. 170 (2024):
May 2, 7–9, considered and passed Senate, amended.
May 14, 15, House considered and concurred in Senate amendment.
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