[House Report 117-362]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-362
======================================================================
ADVANCED AVIATION INFRASTRUCTURE MODERNIZATION ACT
_______
June 13, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 6270]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 6270) to direct the Secretary of
Transportation to establish a pilot program to provide grants
related to advanced air mobility infrastructure, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose of Legislation........................................... 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 5
Legislative History and Consideration............................ 6
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 8
Congressional Budget Office Cost Estimate........................ 8
Performance Goals and Objectives................................. 8
Duplication of Federal Programs.................................. 8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 8
Federal Mandates Statement....................................... 9
Preemption Clarification......................................... 9
Advisory Committee Statement..................................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 11
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Advanced Aviation Infrastructure
Modernization Act'' or the ``AAIM Act''.
SEC. 2. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a pilot program to
provide grants that--
(1) assist an eligible entity to plan for the development and
deployment of infrastructure necessary to facilitate AAM
operations in the United States; and
(2) make funding available for costs directly related to
construction of public-use vertiports or associated
infrastructure.
(b) Planning Grants.--
(1) In general.--The Secretary shall provide grants to
eligible entities to develop comprehensive plans under
paragraph (2) related to AAM infrastructure.
(2) Comprehensive plan.--
(A) In general.--Not later than 1 year after
receiving a grant under this subsection, an eligible
entity shall submit to the Secretary a comprehensive
plan in a format that may be published on the website
of the Department of Transportation.
(B) Plan contents.--The Secretary shall establish
content requirements for comprehensive plans submitted
under this subsection, which may include the following:
(i) The identification of planned or
potential public-use or private-use vertiport
locations.
(ii) A description of infrastructure
necessary to support AAM operations.
(iii) A description of types of planned or
potential AAM operations.
(iv) The identification of physical and
digital infrastructure required to meet the
standards for vertiport design and performance
characteristics established by the Federal
Aviation Administration (as in effect on the
date on which the Secretary issues a grant to
an eligible entity), including modifications to
existing infrastructure and ground sensors,
electric charging and other fueling
requirements, electric utility requirements,
wireless and cybersecurity requirements, and
other necessary hardware or software.
(v) A description of potential environmental
effects of planned construction or siting of
public-use vertiports, including efforts to
reduce the adverse effects of potential
aviation noise.
(vi) A description of how planned public-use
or private-use vertiport locations, including
new or repurposed infrastructure, fit into
existing State and local transportation systems
and networks, including--
(I) connectivity to existing public
transportation hubs and intermodal and
multimodal facilities;
(II) opportunities to create new
service to areas underserved by air
transportation, without compromising
safety and efficiency of other
facilities and airspace users; and
(III) any potential conflicts to
existing aviation infrastructure that
may arise from the proposed location of
the vertiport.
(vii) A description of how public-use
vertiport planning will be incorporated in
State or metropolitan planning documents.
(viii) The identification of the process an
eligible entity will undertake to ensure an
adequate level of community engagement for
planned public-use vertiport locations and
planned or anticipated AAM operations,
including engagement with underserved
communities, individuals with disabilities, and
racial and ethnic minorities, to address equity
of access and other priorities.
(ix) The identification of the actions
necessary for an eligible entity to undertake
the construction of public-use vertiports, such
as planning studies to assess existing
infrastructure, environmental studies, studies
of projected economic benefit to the community,
lease or acquisition of an easement or land for
new infrastructure, and activities related to
other capital costs.
(x) The identification of State, local, or
private sources of funding an eligible entity
may use to assist with the construction or
operation of a public-use vertiport.
(3) Application.--To apply for a grant under this subsection,
an eligible entity shall provide to the Secretary an
application in such form, at such time, and containing such
information as the Secretary may require.
(4) Selection.--
(A) In general.--In awarding grants under this
subsection, the Secretary shall consider the following:
(i) Geographic diversity.
(ii) The need for comprehensive plans that--
(I) ensure the safe integration of
AAM operations into the National
Airspace System;
(II) improve transportation safety,
connectivity, access, and equity in
both rural and urban regions in the
United States;
(III) leverage existing public
transportation systems and intermodal
and multimodal facilities;
(IV) reduce surface congestion and
the environmental impacts of
transportation;
(V) grow the economy and create jobs
in the United States; and
(VI) encourage community engagement
when planning for AAM related
infrastructure.
(B) Priority.--The Secretary shall prioritize
awarding grants under this subsection to eligible
entities that partner with commercial AAM entities,
institutions of higher education, research
institutions, or other relevant stakeholders to develop
and prepare a comprehensive plan.
(5) Grant amount.--Each grant made under this subsection
shall be made in an amount that is not more than $1,000,000.
(6) Briefing.--
(A) In general.--Not later than 180 days after the
first comprehensive plan is submitted under paragraph
(2), and every 180 days thereafter, the Secretary shall
provide a briefing to the appropriate committees of
Congress on the comprehensive plans submitted to the
Secretary under such paragraph.
(B) Contents.--The briefing required under
subparagraph (A) shall include--
(i) an evaluation of all planned or proposed
public-use vertiport locations included in the
comprehensive plans submitted under paragraph
(2) and how such planned or proposed public-use
vertiport locations may fit into the overall
United States transportation system and
network; and
(ii) a description of lessons or best
practices learned through the review of
comprehensive plans and how the Secretary will
incorporate any such lessons or best practices
into Federal standards or guidance for the
design and operation of AAM infrastructure and
facilities.
(c) Construction Grants.--
(1) In general.--The Secretary may award grants to covered
recipients to carry out construction activities described under
paragraph (2).
(2) Eligible uses.--A covered recipient may use grant funds
awarded under this subsection for design, bidding, and
environmental study activities, and other capital costs, as the
Secretary determines appropriate, directly related to the
construction of a public-use vertiport or associated
infrastructure pursuant to the comprehensive plan submitted by
such covered recipient.
(3) Requirements.--The requirements of subsections (b) and
(c) of section 47112 of title 49, United States Code, and
section 50101 of such title, shall apply to a grant awarded
under this subsection.
(4) Limitation.--The Secretary may not award a grant under
this subsection--
(A) for the acquisition, conversion, or retrofitting
of AAM aircraft; or
(B) for the construction of private-use vertiports or
associated infrastructure.
(5) Grant timing.--The Secretary may not issue a grant under
this subsection until--
(A) the Administrator of the Federal Aviation
Administration has--
(i) certified 2 or more models of aircraft
designed to provide AAM transportation under
part 23, 25, 27, or 29 of title 14, Code of
Federal Regulations; and
(ii) published an advisory circular
containing appropriate standards for vertiport
design and performance characteristics and
vertiport siting.
(B) the Secretary has--
(i) determined that 2 or more AAM operators
hold certificates under part 119 of title 14,
Code of Federal Regulations, for such operators
to perform air carrier operations covered under
part 135 of such title; and
(ii) issued, to 2 or more air carriers formed
to provide AAM transportation, certificates
under chapter 411 of title 49, United States
Code.
(d) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary to carry out this section $12,500,000 for each
of fiscal years 2022 and 2023, to remain available until
expended.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), the Secretary may retain up to 1 percent
for personnel, contracting, and other costs to establish and
administer the pilot program under this section.
(e) Termination.--
(1) In general.--No grant may be awarded under this section
after September 30, 2023.
(2) Continued funding.--Funds authorized to be appropriated
pursuant to subsection (d) may be expended after September 30,
2023--
(A) for grants awarded prior to September 30, 2023;
and
(B) for administrative expenses.
(f) Definitions.--In this Act:
(1) Advanced air mobility; aam.--The terms ``advanced air
mobility'' and ``AAM'' mean an air transportation system that
transports individuals and property between points in the
United States using aircraft, such as remotely piloted,
autonomous, or vertical take-off and landing aircraft,
including those powered by electric or hybrid driven
propulsion, in both controlled and uncontrolled airspace.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Commercial aam entities.--The term ``commercial AAM
entities'' means--
(A) manufacturers of aircraft, avionics, propulsion
systems, and air traffic management systems related to
AAM; and
(B) intended commercial operators of AAM aircraft and
systems.
(4) Covered recipient.--The term ``covered recipient'' means
the recipient of a grant under subsection (b) who has submitted
a comprehensive plan--
(A) that has been reviewed by the Secretary pursuant
to subsection (b); and
(B) that the Secretary has determined contains
proposed projects that comply with the standards for
vertiport design, performance, and siting
characteristics described in a published advisory
circular.
(5) Eligible entity.--The term ``eligible entity'' means--
(A) a State, local, or Tribal government, including a
political subdivision thereof;
(B) an airport sponsor;
(C) a transit agency;
(D) a port authority;
(E) a metropolitan planning organization; or
(F) any combination or consortium of the entities
described in subparagraphs (A) through (E).
(6) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 5303(b) of title 49, United States Code.
(7) Public-use vertiport.--The term ``public-use vertiport''
means a designated location used or intended to be used for
public purposes and to support AAM operations, including the
landing, takeoff, loading, taxiing, parking, and storage of
vertical take-off and landing aircraft.
(8) 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.
(9) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(10) Vertical take-off and landing aircraft.--The term
``vertical take-off and landing aircraft'' means an aircraft
with lift/thrust units used to generate powered lift and
control and with 2 or more lift/thrust units used to provide
lift during vertical take-off or landing.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act may be construed as conferring upon any person,
State, local, or Tribal government the authority to determine the
safety of any AAM operation or the feasibility of simultaneous
operations by AAM and conventional aircraft within any given area of
the National Airspace System.
PURPOSE OF LEGISLATION
The purpose of H.R. 6270, as amended, is to direct the
Secretary of Transportation (Secretary) to establish a two-year
pilot program to provide competitive grants for eligible state,
local, territorial, and Tribal governments to prepare for the
development and deployment of advanced air mobility (AAM)
vertiports and related infrastructure.
BACKGROUND AND NEED FOR LEGISLATION
AAM is an air transportation system that transports
individuals and property between points using aircraft--such as
remotely piloted, autonomous, or vertical take-off and landing
aircraft--including those powered by electric or hybrid driven
propulsion in both controlled and uncontrolled airspace.
Leveraging recent advances in aerospace technology, new AAM
concepts have the potential to reduce traffic congestion on
U.S. roads, improve mobility options for commuters and cargo,
and lessen the current burden on surface infrastructure. To
keep pace with this growing sector, states and localities need
to prepare for anticipated AAM operations and ensure local
communities can take advantage of the potential benefits of the
safe integration of AAM technologies in U.S. airspace.\1\
---------------------------------------------------------------------------
\1\See Federal Aviation Administration, UAM Concept of Operations
(Volume 1.0), at 2-4, https://nari.arc.nasa.gov/sites/default/files/
attachments/UAM_ConOps_v1.0.pdf.
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H.R. 6270, as amended, establishes a two-year pilot program
that invests $25 million in competitive grants for state,
local, territorial, and Tribal governments to submit
comprehensive plans to the U.S. Department of Transportation
(DOT) on anticipated or proposed AAM infrastructure needs. The
bill also provides limited funding for some costs directly
related to the construction of public-use vertiports and
related infrastructure, only if certain criteria are met.
HEARINGS
For the purposes of rule XIII, clause 3(c)(6)(A) of the
117th Congress, the following hearing(s) were used to develop
or consider H.R. 6270:
On April 27, 2021, the Subcommittee held a hearing titled
``The Leading Edge: Innovation in U.S. Aerospace.'' The
Subcommittee received testimony from Hon. Eric Garcetti, Mayor,
City of Los Angeles, California, accompanied by Ms. Seleta J.
Reynolds, General Manager, Los Angeles Department of
Transportation, Los Angeles, California; Mr. James L. Grimsley,
Executive Director, Advanced Technology Initiatives, Choctaw
Nation of Oklahoma; Mr. Adam Bry, Chief Executive Officer,
Skydio, Inc.; Mr. Pierre Frederick Harter, Director, Research
and Development, National Institute for Aviation Research, AVP
Industry and Defense Programs, Research Operations, Wichita
State University; Mr. Roei Ganzarski, Chief Executive Officer,
magniX; and, Mr. Blake Scholl, Founder and Chief Executive
Officer, Boom Supersonic.
This hearing examined new aerospace users and technologies
affecting the economy, transportation system, local
communities, environment, and public good; visions for and
possible barriers to deployment in the United States; and the
Federal Government's role in ensuring the safe integration of
these users and technologies into the National Airspace System.
On March 17, 2022, the Subcommittee held a hearing titled
``Aviation Noise: Measuring Progress in Addressing Community
Concerns.'' The Subcommittee received testimony from two
panels: Panel I--Mr. Kevin Welsh, Executive Director, Office of
Environment and Energy, Federal Aviation Administration (FAA);
and, Ms. Heather Krause, Director, Physical Infrastructure,
Government Accountability Office.
Panel II--Ms. Sharon Pinkerton, Senior Vice President of
Regulatory and Legislative Policy, Airlines for America; Mr.
Frank R. Miller, Executive Director, Hollywood Burbank Airport,
on behalf of Airports Council International--North America; Mr.
David Silver, Vice President for Civil Aviation, Aerospace
Industries Association; Ms. Emily J. Tranter, Executive
Director, National Organization to Insure a Sound Controlled
Environment (N.O.I.S.E.); and, Mr. JoeBen Bevirt, Chief
Executive Officer, Joby Aviation.
This hearing examined aircraft noise, airport noise, noise
mitigation strategies, methodologies for measuring noise, FAA
community engagement, new and emerging technologies, and the
implementation of noise provisions from the FAA Reauthorization
Act of 2018.
LEGISLATIVE HISTORY AND CONSIDERATION
H.R. 6270, the Advanced Aviation Infrastructure
Modernization Act, was introduced in the House on December 14,
2021, by Mr. Larsen of Washington, Mr. Graves of Louisiana, and
Ms. Titus and referred to the Committee on Transportation.
Within the Committee on Transportation and Infrastructure, H.R.
6270 was referred to the Subcommittee on Aviation.
The Subcommittee on Aviation was discharged from further
consideration of H.R. 6270 on April 28, 2022.
The Committee considered H.R. 6270 on April 28, 2022 and
ordered the measure to be reported to the House with a
favorable recommendation, as amended, by a record vote of 55
yeas and 2 nays (Roll Call Vote No. 88).
The following amendments were offered:
An Amendment in the Nature of a Substitute to H.R. 6270,
offered by Mr. Larsen of Washington; was AGREED TO by voice
vote.
Page 6, beginning on line 7, strike ``and the
environmental'' and all that follows through
``transportation.''
An amendment to the Amendment in the Nature of a Substitute
to H.R. 6270 offered by Mr. Perry (#1); was NOT AGREED TO by
voice vote.
Page 12, strike line 6 (and redesignate accordingly)
An amendment to the Amendment in the Nature of a Substitute
to H.R. 6270 offered by Mr. Perry (#2); was NOT AGREED TO by
voice vote.
Page 4, strike lines 3 through 17
An amendment to the Amendment in the Nature of a Substitute
to H.R. 6270 offered by Mr. Perry (#3); was NOT AGREED TO by
voice vote.
Page 3, beginning on line 4, strike ``electric Charging and
other.''
An amendment to the Amendment in the Nature of a Substitute
to H.R. 6270 offered by Mr. Perry (#4); was NOT AGREED TO by
voice vote.
Page 6, after line 23, insert the following (and
redesignate accordingly): (6) Non-Federal Share Requirement--
Eligible entities shall provide not less than 20 percent of
funds required to develop a comprehensive plan under this
subsection from non-federal sources
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
On ordering H.R. 6270 to be reported to the House with a
favorable recommendation, as amended, by a record vote of 55
yeas and 2 nays (Roll Call Vote No. 88). The vote was as
follows:
Vote: 88--Yea 55, Nay 2
On: H.R. 6270, to be reported to the House, favorably, as
amended.
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio..................................... Yea Mr. Graves of MO.................. Yea
Ms. Norton...................................... Yea Mr. Crawford...................... Yea
Ms. Johnson of TX............................... Yea Mr. Gibbs......................... ............
Mr. Larsen of WA................................ Yea Mr. Webster....................... Yea
Mrs. Napolitano................................. Yea Mr. Massie........................ Nay
Mr. Cohen....................................... Yea Mr. Perry......................... Nay
Mr. Sires....................................... ............ Mr. Rodney Davis of IL............ Yea
Mr. Garamendi................................... ............ Mr. Katko......................... Yea
Mr. Johnson of GA............................... Yea Mr. Babin......................... Yea
Mr. Carson...................................... Yea Mr. Graves of LA.................. Yea
Ms. Titus....................................... Yea Mr. Rouzer........................ Yea
Mr. Maloney of NY............................... ............ Mr. Bost.......................... Yea
Mr. Huffman..................................... Yea Mr. Weber of TX................... Yea
Ms. Brownley.................................... Yea Mr. LaMalfa....................... Yea
Ms. Wilson of FL................................ Yea Mr. Westerman..................... Yea
Mr. Payne....................................... Yea Mr. Mast.......................... Yea
Mr. Lowenthal................................... Yea Mr. Gallagher..................... Yea
Mr. DeSaulnier.................................. Yea Mr. Fitzpatrick................... Yea
Mr. Lynch....................................... Yea Miss Gonzalez-Colon............... ............
Mr. Carbajal.................................... Yea Mr. Balderson..................... Yea
Mr. Brown....................................... Yea Mr. Stauber....................... Yea
Mr. Malinowski.................................. ............ Mr. Burchett...................... ............
Mr. Stanton..................................... Yea Mr. Johnson of SD................. Yea
Mr. Allred...................................... Yea Mr. Van Drew...................... Yea
Ms. Davids of KS................................ Yea Mr. Guest......................... ............
Mr. Garcia of IL................................ Yea Mr. Nehls......................... Yea
Mr. Delgado..................................... ............ Ms. Mace.......................... Yea
Mr. Pappas...................................... ............ Ms. Malliotakis................... ............
Mr. Lamb........................................ Yea Ms. Van Duyne..................... Yea
Mr. Moulton..................................... Yea Mr. Gimenez....................... Yea
Mr. Auchincloss................................. Yea Mrs. Steel........................ Yea
Ms. Bourdeaux................................... Yea
Mr. Kahele...................................... Yea
Ms. Strickland.................................. Yea
Ms. Williams of GA.............................. Yea
Ms. Newman...................................... Yea
Mr. Carter...................................... Yea
----------------------------------------------------------------------------------------------------------------
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
provide competitive grants for eligible entities to prepare for
the development and deployment AAM vertiports and related
infrastructure.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 6270 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 6270, as amended,
does not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Title
This section provides that this bill may be cited as the
``Advanced Aviation Infrastructure Modernization Act'' or the
``AAIM Act''.
Sec. 2. Advanced Air Mobility Infrastructure pilot program
This subsection directs the Secretary to establish a pilot
program to provide grants to assist an eligible entity to plan
for the development and deployment of infrastructure necessary
to facilitate AAM operations in the United States. This
subsection also directs the Secretary to make funding available
for costs directly related to the construction of public-use
vertiports or associated infrastructure if certain criteria are
met.
The Secretary is authorized to provide grants for eligible
entities to develop comprehensive plans on anticipated or
proposed AAM infrastructure needs. Each planning grant awarded
may not exceed more than $1 million. No later than one year
after receiving a grant, the eligible entity must submit a
comprehensive plan to the Secretary. The comprehensive plans
may include details on potential vertiport locations; planned
or potential AAM operations; physical and digital
infrastructure requirements; potential environmental effects of
planned vertiport construction or siting; connectivity to
existing transportation systems; incorporation into state and
metropolitan planning documents; strategies to ensure community
engagement and equity; and potential state, local, or private
sources of funding.
In awarding the planning grants, the Secretary shall
consider applications from eligible entities that reflect
geographic diversity; help ensure safe integration of AAM
operations into the National Airspace System; improve
transportation safety, connectivity, access, and equity;
leverage existing transportation systems and intermodal/
multimodal facilities; reduce surface congestion and
environmental impacts of transportation; grow the U.S. economy
and create jobs; and encourage community engagement. The
Secretary shall prioritize awarding planning grants to eligible
entities who partner with commercial AAM entities, institutions
of higher education, research institutions, or other relevant
stakeholders.
This section also directs DOT to provide a briefing to the
appropriate Committees of Congress on the submitted
comprehensive plans no later than 180 days after the first
comprehensive plan is submitted and every 180 days thereafter.
The briefing shall include an evaluation of all planned or
proposed public-use vertiport locations included in the
submitted comprehensive plans, descriptions of lessons or best
practices learned through the review of the comprehensive
plans, and explanations for how the Secretary will incorporate
any such lessons or best practices into federal standards or
guidance for AAM infrastructure and facilities.
The Secretary may award grants to covered recipients for
certain activities directly related to the construction of
public-use vertiports or associated AAM infrastructure, such as
design, bidding, environmental study activities, and other
capital costs as deemed appropriate by the Secretary. These
construction grants could only be awarded after the approval of
a comprehensive plan by the Secretary. Buy American
requirements (provided under 49 U.S.C. Sec. 50101) and
prevailing wages and veterans' preferences (provided under 49
U.S.C. Sec. 47112) shall apply to the construction grants.
The Secretary may not award a construction grant for the
acquisition, conversion, or retrofitting of AAM aircraft or for
the construction of private-use vertiports or associated
infrastructure. In addition, the Secretary may not issue a
construction grant until the FAA has certified at least two AAM
aircraft and published an advisory circular containing
appropriate vertiport design, performance, and siting
characteristics. Further, the Secretary may not issue a
construction grant until at least two AAM operators hold the
appropriate air carrier operations certificates.
This section authorizes $12.5 million to be appropriated
for each fiscal year 2022 and 2023, and to remain available
until expended. It also directs the Secretary to retain up to
one percent of authorized appropriations for administrative
expenses, such as personnel, contracting, and other costs to
establish and implement the pilot program. No grants under the
pilot program may be awarded after September 30, 2023. However,
funds authorized to be appropriated under the previous
subsection may be expended after September 30, 2023, if the
grants were awarded prior to that date and for administrative
expenses.
This section provides definitions for the following terms:
Advanced air mobility and AAM; Appropriate Committees of
Congress; Commercial AAM entities; Covered recipient; Eligible
entity; Metropolitan planning organization; Public-use
vertiport; State; Secretary; and Vertical take-off and landing
aircraft.
Sec. 3. Rule of construction
This section clarifies that nothing in this act may be
construed as authorizing any person, state, local, or Tribal
government to determine the safety of any AAM operation or the
feasibility of simultaneous operations by AAM and conventional
aircraft within the National Airspace System.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported by the Committee, H.R. 6270 makes no changes in
existing law.
[all]