[118th Congress Public Law 63]
[From the U.S. Government Publishing Office]
[[Page 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. <<NOTE: 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, <<NOTE: FAA
Reauthorization Act of 2024.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 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.
[[Page 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.
[[Page 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.
[[Page 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.
[[Page 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.
[[Page 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.
[[Page 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.
[[Page 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.
[[Page 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. <<NOTE: 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-- <<NOTE: 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''.
[[Page 138 STAT. 1034]]
SEC. 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,''.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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;
[[Page 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) <<NOTE: 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 <<NOTE: 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--
[[Page 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 striking ``The Administrator shall
issue'' and inserting the following:
``(iii) Rulemaking timeline.--The
Administrator shall issue''; and
(iv) by striking ``On February 1'' and
inserting the following:
[[Page 138 STAT. 1039]]
``(iv) Reporting requirement.--On February
1''; and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) Approval of secretary of transportation.--
``(i) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Records. Deadline.>>
Timeline.--The Administrator shall submit a copy
of any proposed or final regulation requiring
[[Page 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) <<NOTE: 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;
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1045]]
(d) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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. <<NOTE: 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) <<NOTE: 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;
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Assessments.>> assesses the justification for
the integrated plan;
(2) <<NOTE: Recommenda- tions.>> provides any
recommendations for improving the integrated plan; and
(3) includes any other information that the inspector
general determines appropriate.
[[Page 138 STAT. 1048]]
SEC. 208. <<NOTE: Public information.>> APPLICATION DASHBOARD AND
FEEDBACK PORTAL.
(a) In General.-- <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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.--
[[Page 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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 striking subparagraph (A) and inserting the
following:
[[Page 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.''; and
(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) <<NOTE: 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 adding at the end the following:
``(v) plans to integrate new entrant
operations into the national airspace system and
associated action items.''; and
(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
[[Page 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:
[[Page 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 inserting after paragraph (6) the following:
``(7) Department of transportation office of the inspector
general peer review.--
``(A) <<NOTE: 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
[[Page 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.''; and
(3) in paragraph (8)(B) by striking the comma.
SEC. 217. <<NOTE: 49 USC 40131 note.>> CYBERSECURITY LEAD.
(a) <<NOTE: 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) <<NOTE: 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, <<NOTE: 49 USC prec. 47101.>> are repealed.
(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 inserting after subsection (c) the following:
``(d) Non-compliant Airports.--
``(1) <<NOTE: 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).''.
[[Page 138 STAT. 1056]]
(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) <<NOTE: 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 <<NOTE: 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
[[Page 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) <<NOTE: 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 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.''; and
(B) by 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.''; and
(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. <<NOTE: 49 USC 40101 note.>> SAFETY AND EFFICIENCY
THROUGH DIGITIZATION OF FAA SYSTEMS.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall--
(1) <<NOTE: 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
[[Page 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) <<NOTE: 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. <<NOTE: Deadlines. 49 USC 106 note.>> FAA TELEWORK.
(a) In General.--The Administrator--
(1) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 STAT. 1060]]
(B) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(3) <<NOTE: Determination.>> determine the feasible
occupancy of such space, and provide the methodology used to
make the determination;
(4) <<NOTE: 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) <<NOTE: 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:
``Sec. 40119. <<NOTE: 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; or
[[Page 138 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) <<NOTE: 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, <<NOTE: 49 USC prec. 40101.>> is amended by
inserting after the item relating to section 40118 the following:
``40119. Sensitive security information.''.
SEC. 224. <<NOTE: 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;
[[Page 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) <<NOTE: 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. <<NOTE: 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''; and
[[Page 138 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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. <<NOTE: 49 USC 44501 note.>> ADVANCED AVIATION
TECHNOLOGY AND INNOVATION STEERING
COMMITTEE.
(a) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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.
[[Page 138 STAT. 1065]]
SEC. 231. IMPLEMENTATION OF ANTI-TERRORIST AND NARCOTIC AIR EVENTS
PROGRAMS.
(a) <<NOTE: 49 USC 44103 note.>> Implementation.--
(1) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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 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.''; and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
[[Page 138 STAT. 1067]]
SEC. 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 inserting after subsection (f) the following:
``(g) Data Analysis.--
``(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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 <<NOTE: 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 <<NOTE: 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) <<NOTE: 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.''.
[[Page 138 STAT. 1069]]
(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, <<NOTE: 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) <<NOTE: Regulations.>> Alcohol and Drug Testing and Background
Checks.--
(1) <<NOTE: 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) <<NOTE: 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;
[[Page 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. <<NOTE: 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
[[Page 138 STAT. 1071]]
maintain ethical and professional standards across all
ODA holders and unit members.
``(3) <<NOTE: 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) <<NOTE: 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 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.''; and
(2) by adding at the end the following:
``(d) Other Agencies.--
``(1) <<NOTE: 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'';
and
[[Page 138 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) <<NOTE: 134 Stat. 2344.>> is
amended--
(1) in subsection (b) by striking paragraph (2) and
inserting the following:
``(2) <<NOTE: 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. <<NOTE: 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--
[[Page 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) <<NOTE: 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. <<NOTE: Regulations. 49 USC 44701 note.>> REVIEW OF
SAFETY MANAGEMENT SYSTEM RULEMAKING.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Recommenda- tions.>> the findings and
recommendations of the entity; and
(2) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44704 note.>> USE OF ADVANCED TOOLS AND
HIGH-RISK FLIGHT TESTING IN CERTIFYING
AEROSPACE PRODUCTS.
(a) <<NOTE: 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,
[[Page 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) <<NOTE: 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) <<NOTE: 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;
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Consultation.>> consult with
industry stakeholders to the maximum extent
practicable.
(b) <<NOTE: Reports.>> Duties of the Administrator.--The
Administrator shall--
(1) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1077]]
SEC. 314. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 40101 note.>> REVIEW OF FAA USE OF
AVIATION SAFETY DATA.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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;
[[Page 138 STAT. 1078]]
(6) review the format of such data and identify methods to
improve the usefulness of such data;
(7) <<NOTE: 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) <<NOTE: Examination.>> examine the collation and
dissemination of data within offices and between offices of the
FAA;
(9) <<NOTE: Recommenda- tions.>> review and recommend
improvements to the data analysis techniques of the FAA; and
(10) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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
[[Page 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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;
[[Page 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. <<NOTE: 49 USC 44737 note.>> CRASH-RESISTANT FUEL
SYSTEMS IN ROTORCRAFT.
(a) <<NOTE: 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) <<NOTE: Update.>> update the 2018 report of such
working group on rotorcraft occupant protection by--
(A) <<NOTE: Data. Time period.>> reviewing National
Transportation Safety Board data from 2016 through 2023
on post-crash fires in helicopter accidents; and
(B) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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).
[[Page 138 STAT. 1083]]
SEC. 321. <<NOTE: Deadlines. 49 USC 44505 note.>> REDUCING
TURBULENCE-RELATED INJURIES ON PART 121
AIRCRAFT OPERATIONS.
(a) <<NOTE: 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. <<NOTE: Deadlines.>> STUDY ON RADIATION EXPOSURE.
(a) Study.-- <<NOTE: 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.-- <<NOTE: 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.
[[Page 138 STAT. 1084]]
SEC. 323. <<NOTE: 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.-- <<NOTE: 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) <<NOTE: 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.-- <<NOTE: 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.
[[Page 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: Assessment.>> Considerations.--In conducting the
study required under paragraph (1), the Comptroller General
shall, at a minimum, assess--
[[Page 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. <<NOTE: 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. <<NOTE: 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. <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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.--
[[Page 138 STAT. 1088]]
(A) In general.--The Task Force shall have an
initial duration of 2 years.
(B) Option.-- <<NOTE: 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) <<NOTE: 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;
[[Page 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) <<NOTE: 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.-- <<NOTE: 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. <<NOTE: 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. <<NOTE: 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.--
[[Page 138 STAT. 1090]]
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: Deadlines.>> HELICOPTER SAFETY.
(a) <<NOTE: 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. <<NOTE: 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;
[[Page 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.-- <<NOTE: 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.
[[Page 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.--
<<NOTE: 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) <<NOTE: 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.-- <<NOTE: 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
[[Page 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 <<NOTE: 49
USC prec. 44501.>> are repealed.
SEC. 338. <<NOTE: 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) <<NOTE: Evaluation. Analysis.>> Performing an
evaluation and feasibility analysis of potential system-level
tarmac operations monitoring solutions.
(c) Pilot Program.--
(1) <<NOTE: 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) <<NOTE: Termination date.>> terminate not more
than 3 years after the date of enactment of this Act;
and
(C) <<NOTE: Guidelines.>> be subject to any
guidelines issued by the Director.
(d) <<NOTE: 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) <<NOTE: 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:
[[Page 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.-- <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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. <<NOTE: 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:
``Sec. 44745. <<NOTE: 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.--
[[Page 138 STAT. 1096]]
``(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.-- <<NOTE: 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
[[Page 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
[[Page 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.-- <<NOTE: 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) <<NOTE: 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.-- <<NOTE: 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.
[[Page 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.-- <<NOTE: 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) <<NOTE: 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) <<NOTE: Determination.>> In general.--If the
Administrator determines that a covered position has not
been filled after multiple
[[Page 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) <<NOTE: 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) <<NOTE: Recommenda- tions.>> recommendations
for such legislative or administrative action as the
Comptroller General determines appropriate.
(d) <<NOTE: 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) <<NOTE: 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.-- <<NOTE: 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,
[[Page 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, <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: Deadlines. 49 USC 44704 note.>> CHANGED PRODUCT
RULE REFORM.
(a) <<NOTE: 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).
[[Page 138 STAT. 1102]]
(d) <<NOTE: 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 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;''; and
(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.-- <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1104]]
a passenger seating capacity of 30 or more or an all-cargo or
combi derivative.
SEC. 347. <<NOTE: 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) <<NOTE: 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) <<NOTE: 49 USC 47101 note.>> Runway Safety Council.--
(1) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1105]]
organization that the Administrator determines
appropriate to the Runway Safety Council.
(c) <<NOTE: 49 USC 47101 note.>> Airport Surface Safety
Technologies.--
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 49 USC 47101 note.>> Foreign Object Debris Detection.--
(1) <<NOTE: 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) <<NOTE: 49 USC 47101 note.>> Runway Safety Study.--
(1) <<NOTE: 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) <<NOTE: Assessments.>> Considerations.--In conducting
the study under paragraph (1), the federally funded research and
development center shall--
(A) <<NOTE: 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;
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44701 note.>> IMPROVEMENTS TO AVIATION
SAFETY INFORMATION ANALYSIS AND SHARING
PROGRAM.
(a) <<NOTE: 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;
[[Page 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) <<NOTE: 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) <<NOTE: 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.-- <<NOTE: 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) <<NOTE: 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) <<NOTE: 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).
[[Page 138 STAT. 1109]]
SEC. 349. <<NOTE: 49 USC 44704 note.>> INSTRUCTIONS FOR CONTINUED
AIRWORTHINESS AVIATION RULEMAKING
COMMITTEE.
(a) <<NOTE: 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;
[[Page 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) <<NOTE: Deadlines.>> Duties.--The Administrator shall--
(1) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44903 note.>> SECONDARY COCKPIT
BARRIERS.
(a) In General.-- <<NOTE: 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.-- <<NOTE: 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;
[[Page 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.-- <<NOTE: 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. <<NOTE: Deadlines. 49 USC 44701 note.>> PART 135 DUTY
AND REST.
(a) <<NOTE: 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.-- <<NOTE: 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--
[[Page 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:
``Sec. 44746. <<NOTE: 49 USC 44746.>> Flight data recovery from
overwater operations
``(a) In General.-- <<NOTE: 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) <<NOTE: 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) <<NOTE: 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, <<NOTE: 49 USC prec. 44701.>> is further amended by
adding at the end the following:
``44746. Flight data recovery from overwater operations.''.
SEC. 353. <<NOTE: 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;
[[Page 138 STAT. 1113]]
(2) <<NOTE: 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)--
[[Page 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 <<NOTE: 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. <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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) <<NOTE: 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;
[[Page 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) <<NOTE: 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.--
<<NOTE: 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;
[[Page 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) <<NOTE: 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 `inherently
governmental technical assistance and training' means technical
assistance and training that--
[[Page 138 STAT. 1118]]
``(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 <<NOTE: 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.-- <<NOTE: 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.
[[Page 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) <<NOTE: Policies.>> policy regarding the
future direction and strategy of the United States
engagement with the International Civil Aviation
Organization;
``(E) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 138 STAT. 1120]]
(1) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44704 note.>> WILDFIRE SUPPRESSION.
(a) In General.-- <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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. <<NOTE: Deadlines.>> CONTINUOUS AIRCRAFT TRACKING AND
TRANSMISSION FOR HIGH ALTITUDE BALLOONS.
(a) Study on Effects of High Altitude Balloons on Aviation Safety.--
(1) In general.-- <<NOTE: 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.
[[Page 138 STAT. 1122]]
(b) High Altitude Balloon Tracking Aviation Rulemaking Committee.--
(1) Establishment.-- <<NOTE: 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) <<NOTE: 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) <<NOTE: Data.>> ensure all data relating
to the altitude, location, and identity of any
high altitude balloon is made available to air
traffic controllers;
(iii) <<NOTE: 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.
[[Page 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.-- <<NOTE: 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. <<NOTE: 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.-- <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.-- <<NOTE: 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) <<NOTE: 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);
[[Page 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) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1126]]
noticeable or persistent presence of fumes or air contaminants in the
cabin, including, at a minimum, a smoke event.
SEC. 363. <<NOTE: 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. <<NOTE: 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) <<NOTE: 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--
[[Page 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. <<NOTE: 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;
[[Page 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. <<NOTE: 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;
[[Page 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. <<NOTE: 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. <<NOTE: 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; and
[[Page 138 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. <<NOTE: 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. <<NOTE: 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;
[[Page 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. <<NOTE: 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. <<NOTE: 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. <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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. <<NOTE: 49 USC 44701 note.>> MODERNIZATION AND
IMPROVEMENTS TO AIRCRAFT EVACUATION.
(a) Study.--
(1) In general. <<NOTE: 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) <<NOTE: Analysis. Evaluation.>> a
prospective risk analysis, as well as an
evaluation of relevant past incidents with respect
to evacuation safety and evacuation standards;
(ii) <<NOTE: 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) <<NOTE: 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) <<NOTE: Analysis.>> any other analysis
determined appropriate by the Administrator.
[[Page 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.
[[Page 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. <<NOTE: 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) <<NOTE: Review.>> review the findings of the
study; and
(B) <<NOTE: 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. <<NOTE: Notice.>> --Not later than 90 days after
submitting to Congress the report under subsection (c), the
Administrator shall
[[Page 138 STAT. 1135]]
issue a notice of proposed rulemaking to implement the recommendations
of the Committee that the Administrator considers appropriate.
SEC. 366. <<NOTE: 49 USC 44701 note.>> 25-HOUR COCKPIT VOICE
RECORDER.
(a) <<NOTE: 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) <<NOTE: 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; or
[[Page 138 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. <<NOTE: 49 USC 44701 note.>> PASSENGER AIRCRAFT FIRST
AID AND EMERGENCY MEDICAL KIT EQUIPMENT
AND TRAINING.
(a) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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:
``Sec. 44747. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 STAT. 1138]]
``(C) after the discussions described in
subparagraph (B) have concluded, determine whether or
not the noncompliance finding has been corrected;
``(b) <<NOTE: 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) <<NOTE: 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) <<NOTE: Recommenda- tions.>> recommend the
actions necessary to bring such foreign country into
compliance with the international standards contained in
the Chicago Convention;
``(B) <<NOTE: 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).
[[Page 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) <<NOTE: 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) <<NOTE: 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, <<NOTE: 49 USC prec. 44701.>> is further amended by
adding 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44703 note.>> ENHANCED QUALIFICATION
PROGRAM FOR RESTRICTED AIRLINE TRANSPORT
PILOT CERTIFICATE.
(a) Program.--
[[Page 138 STAT. 1140]]
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: Evaluation.>> Such assessment shall include an
evaluation of the pilot's aptitude, ability, and readiness for
operation of transport category aircraft.
(4) <<NOTE: 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; or
[[Page 138 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) <<NOTE: 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) <<NOTE: Process.>> Application and certification.--
Under the Program, the Administrator shall establish a process
for air carriers to apply for training program certification.
Such <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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
[[Page 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:
[[Page 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:
``Sec. 40131. <<NOTE: 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
[[Page 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, <<NOTE: 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. <<NOTE: 49 USC 40131 note.>> CIVIL AVIATION
CYBERSECURITY RULEMAKING COMMITTEE.
(a) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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) <<NOTE: 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;
[[Page 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.
[[Page 138 STAT. 1148]]
SEC. 396. GAO REPORT ON CYBERSECURITY OF COMMERCIAL AVIATION
AVIONICS.
(a) <<NOTE: 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) <<NOTE: 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, <<NOTE: 49 USC prec. 44501.>> is amended by
striking the items relating to sections 44510 and 44515.
SEC. 402. <<NOTE: 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) <<NOTE: Public information. Website.>> Presentation of Data.--
The Administrator shall make the data from the study under subsection
(a) publicly available
[[Page 138 STAT. 1149]]
on the website of the Administration in a user-friendly, downloadable
format.
(c) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1150]]
(B) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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,
[[Page 138 STAT. 1152]]
the Secretary shall designate a successor for the unexpired term
of such member.
(j) Reports.--
(1) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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)).
[[Page 138 STAT. 1153]]
SEC. 405. AIRMAN KNOWLEDGE TESTING WORKING GROUP.
(a) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44703 note.>> AIRMAN'S MEDICAL BILL OF
RIGHTS.
(a) In General.--
(1) <<NOTE: 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;
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: Review.>> review the efforts of
the Administration to improve the reporting
process and solutions developed to respond to and
investigate allegations of misconduct;
(ii) <<NOTE: 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) <<NOTE: Determination.>> determine
whether the reporting process results in
appropriate action, including reviewing,
investigating, and closing out reports; and
(iv) <<NOTE: Recommenda- tions.>> if
applicable, make recommendations to improve the
reporting process.
(C) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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. <<NOTE: 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. <<NOTE: 49 USC 44703 note.>> AEROMEDICAL INNOVATION AND
MODERNIZATION WORKING GROUP.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: Assessment.>> assess the medical conditions an
Aviation Medical Examiner may issue a medical certificate
directly to an individual;
(2) <<NOTE: Determination.>> determine the appropriateness
of the list of such medical conditions as of the date of
enactment of this Act;
(3) <<NOTE: Assessment.>> assess the special issuance
process;
[[Page 138 STAT. 1157]]
(4) <<NOTE: 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) <<NOTE: 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) <<NOTE: Review.>> review policies and guidance relating
to Attention-Deficit Hyperactivity Disorder and Attention
Deficit Disorder;
(7) <<NOTE: Evaluation.>> evaluate whether medications used
to treat such disorders may be safely prescribed to airmen;
(8) <<NOTE: Review.>> review protocols pertaining to the
Human Intervention Motivation Study of the FAA;
(9) <<NOTE: Review.>> review protocols and policies
relating to--
(A) neurological disorders; and
(B) cardiovascular conditions to ensure alignment
with medical best practices, latest research;
(10) <<NOTE: 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) <<NOTE: 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) <<NOTE: Assessment.>> assess processes and protocols
pertaining to the certification of veterans reporting a
disability rating from the Department of Veterans Affairs; and
(13) <<NOTE: 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) <<NOTE: 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;
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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. <<NOTE: 49 USC 44703 note.>> MEDICAL PORTAL
MODERNIZATION TASK GROUP.
(a) <<NOTE: 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) <<NOTE: Recommenda- tions.>> Report.--Not later than 1 year
after the date of the establishment of the task group, the task group
shall submit to
[[Page 138 STAT. 1160]]
the Administrator and the appropriate committees of Congress a report
detailing activities and recommendations of the task group.
(f) <<NOTE: 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. <<NOTE: Assessments.>> STUDY OF HIGH SCHOOL AVIATION
MAINTENANCE TRAINING PROGRAMS.
(a) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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. <<NOTE: 49 USC 44506 note.>> ENSURING HIRING OF AIR
TRAFFIC CONTROL SPECIALISTS IS BASED ON
ASSESSMENT OF JOB-RELEVANT APTITUDES.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: Definition.>> 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
(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.
[[Page 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. <<NOTE: 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.--
[[Page 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) <<NOTE: 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:
``Sec. 44748. <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1165]]
14 consecutive days per location without approval of the
Administrator.''.
(2) Clerical amendment.--The analysis for chapter 447 of
such title <<NOTE: 49 USC prec. 44701.>> is further amended by
adding at the end the following:
``44748. Aircraft dispatching.''.
SEC. 421. <<NOTE: 49 USC 41701 note.>> CREWMEMBER PUMPING
GUIDANCE.
(a) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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;
[[Page 138 STAT. 1167]]
(2) identify challenges that inhibit recruitment, training,
and retention within the respective workforces of such
professionals;
(3) <<NOTE: Assessment.>> assess methods to improve
outreach, engagement, and awareness of eligibility, training,
and experience requirements needed to enter careers of covered
aviation professionals;
(4) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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. <<NOTE: Deadlines. 49 USC 44703 note.>> MILITARY
AVIATION MAINTENANCE TECHNICIANS RULE.
(a) Streamlined Certification for Eligible Military Maintenance
Technicians.--
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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:
[[Page 138 STAT. 1170]]
``(I) Methods to subdue and restrain an active
attacker.'';
(C) by striking paragraph (4) and inserting the
following:
``(4) <<NOTE: 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.''; and
(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. <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Evaluation.>> evaluate any applicable
assessments of the historic workload of safety-critical
positions and changes in workload demands over time;
(5) <<NOTE: 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) <<NOTE: 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) <<NOTE: Evaluation.>> evaluating whether the
conflict of interest policies and procedures of the FAA
for such opportunities provide
[[Page 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) <<NOTE: Recommenda- tions.>> recommendations for such
legislative and administrative action as the inspector general
determines appropriate.
SEC. 430. <<NOTE: 49 USC 44701 note.>> STAFFING MODEL FOR
AVIATION SAFETY INSPECTORS.
(a) <<NOTE: 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.
[[Page 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. <<NOTE: 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. <<NOTE: 49 USC 44701 note.>> DETERRING CREWMEMBER
INTERFERENCE.
(a) Task Force.--
(1) <<NOTE: 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;
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44903 note.>> FORMAL POLICY ON SEXUAL
ASSAULT AND HARASSMENT ON AIR CARRIERS.
(a) <<NOTE: 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--
[[Page 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) <<NOTE: 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; and
[[Page 138 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 striking ``An individual'' and inserting the
following:
``(a) In General.--An individual''; and
(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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 STAT. 1177]]
(D) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.--
[[Page 138 STAT. 1178]]
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 49 USC 40132 note.>> is amended to read
as follows:
[[Page 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
[[Page 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;
[[Page 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; or
[[Page 138 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 STAT. 1184]]
``(2) developing considerations regarding program quality
and measurement of student outcomes.
``(j) <<NOTE: 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) <<NOTE: Summary.>> a summary of projects awarded
grants under this section and the progress of each recipient
towards fulfilling program expectations;
``(2) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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 adding at the end the following:
``Sec. 40132. <<NOTE: 49 USC 40132.>> National strategic plan for
aviation workforce development
``(a) <<NOTE: Deadline.>> In General.--Not later than September 30,
2025, the Secretary of Transportation shall, in consultation with other
Federal
[[Page 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) <<NOTE: 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) <<NOTE: 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.''.
[[Page 138 STAT. 1186]]
(b) Clerical Amendment.--The analysis for chapter 401 of title 49,
United States Code, <<NOTE: 49 USC prec. 40101.>> is further amended by
adding 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) <<NOTE: 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. <<NOTE: 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; and
[[Page 138 STAT. 1187]]
``(B) the duties and activities of the Office
described in subparagraphs (A) through (C) of paragraph
(1).
``(5) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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:
``Sec. 42305. <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1190]]
``(3) <<NOTE: 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) <<NOTE: 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, <<NOTE: 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 inserting after section 42305 the following:
``Sec. 42306. <<NOTE: 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.''.
[[Page 138 STAT. 1191]]
(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, <<NOTE: 49 USC prec. 42301.>> is further amended by
inserting after the item relating to section 42305 the following:
``42306. Know Your Rights posters.''.
(d) <<NOTE: 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 inserting after
section 42306 the following:
``Sec. 42307. <<NOTE: 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) <<NOTE: 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.''.
[[Page 138 STAT. 1192]]
(2) Clerical amendment.--The analysis for chapter 423 of
title 49, United States Code, <<NOTE: 49 USC prec. 42301.>> is
further amended by inserting 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:
``Sec. 42308. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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, <<NOTE: 49 USC prec. 42301.>> is further amended by
inserting 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) <<NOTE: 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) <<NOTE: 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) <<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; and
[[Page 138 STAT. 1194]]
(C) by amending the section heading of such section
to read as follows:
``Sec. 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) <<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:
``Sec. 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, <<NOTE: 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. <<NOTE: 49 USC 6302 note.>> BUREAU OF TRANSPORTATION
STATISTICS.
(a) <<NOTE: 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.
[[Page 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) <<NOTE: 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. <<NOTE: 49 USC note prec. 42301.>> REIMBURSEMENT FOR
INCURRED COSTS.
(a) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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. <<NOTE: 49 USC note prec. 42301.>> STREAMLINING OF
OFFLINE TICKET DISCLOSURES.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1197]]
SEC. 515. GAO STUDY AND REPORT ON THE OPERATIONAL PREPAREDNESS OF
AIR CARRIERS FOR CERTAIN EVENTS.
(a) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC note prec. 42301.>> FAMILY SEATING.
(a) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1199]]
(e) <<NOTE: 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) <<NOTE: Recommenda- tions.>> providing recommendations
to the Secretary and the Administrator, if determined necessary
during the evaluations considered in paragraphs (1) through (4).
(g) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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:
``Sec. 42302. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 STAT. 1201]]
``(2) the accessible website and any related mobile device
application of such provider.''.
Subtitle B-- <<NOTE: 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 striking subparagraph (G) and
inserting the following:
``(G) Manufacturers of wheelchairs, including
powered wheelchairs, and other mobility aids.''; and
(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) <<NOTE: 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. <<NOTE: Deadlines. 49 USC 41728 note.>> IMPROVED
TRAINING STANDARDS FOR ASSISTING
PASSENGERS WHO USE WHEELCHAIRS.
(a) <<NOTE: 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) <<NOTE: Certification. Time period.>> complete
refresher training within 18 months of an initial training and
be recertified on the job every 18 months
[[Page 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. <<NOTE: Deadlines. 49 USC 41728 note.>> TRAINING
STANDARDS FOR STOWAGE OF WHEELCHAIRS AND
SCOOTERS.
(a) <<NOTE: 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) <<NOTE: 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
[[Page 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. <<NOTE: 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 <<NOTE: 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) <<NOTE: Determination.>> determine whether there are
trends with respect to the data evaluated under paragraph (1);
and
(3) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Recommenda- tions.>> Report.--Not later than 1
year after the date on which the study under paragraph (2) is
completed, the Secretary
[[Page 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. <<NOTE: 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.
[[Page 138 STAT. 1206]]
(3) <<NOTE: 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. <<NOTE: 49 USC 41728 note.>> ACCOMMODATIONS FOR
QUALIFIED INDIVIDUALS WITH DISABILITIES.
(a) <<NOTE: 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.
[[Page 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
[[Page 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) <<NOTE: 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) <<NOTE: 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 <<NOTE: 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) <<NOTE: 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.
[[Page 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. <<NOTE: 49 USC 41728 note.>> EQUAL ACCESSIBILITY TO
PASSENGER PORTALS.
(a) Applications and Information Communication Technologies.--
<<NOTE: 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 <<NOTE: 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) <<NOTE: Deadlines. Regulations.>> DOT review.--Not
later than 5 years after issuing regulations under subsection
(a), and every 5 years thereafter, the Secretary shall--
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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, <<NOTE: 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. <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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:
[[Page 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) <<NOTE: 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 adding at the end the following:
``(F) the total compensation proposed by the air carrier for
providing scheduled air service under this section.''; and
(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)--
[[Page 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) <<NOTE: 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 <<NOTE: Repeals. 49 USC prec.
41701.>> of such title, are repealed.
(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, <<NOTE: Repeals. 49 USC prec. 41701.>>
are repealed.
(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, <<NOTE: Repeals. 49 USC prec. 41701.>>
are repealed.
(k) Community and Regional Choice Programs.--Section 41745 of title
49, United States Code, is amended--
[[Page 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, <<NOTE: Repeals. 49
USC prec. 41701.>> are repealed.
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 inserting after subparagraph (A) the
following:
``(B) the community has demonstrated support from at
least 1 air carrier to provide service;''; and
(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) <<NOTE: Assessment.>> Contents.--The study required under
subsection (a) shall include an assessment of potential changes to the
Alternate EAS
[[Page 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 41731 note.>> RESPONSE TIME FOR
APPLICATIONS TO PROVIDE ESSENTIAL AIR
SERVICE.
The <<NOTE: 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.
The <<NOTE: Review. 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.
[[Page 138 STAT. 1220]]
SEC. 569. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Review.>> review economic trends that have
resulted in reduction or loss of scheduled commercial air
service to such communities;
(3) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1221]]
TITLE VI--MODERNIZING THE NATIONAL AIRSPACE SYSTEM
SEC. 601. <<NOTE: 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) <<NOTE: 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.
[[Page 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. <<NOTE: Deadlines.>> NEXTGEN ACCOUNTABILITY REVIEW.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: Evaluation.>> evaluate the supply and demand of
trained and certificated personnel prepared for work and such
towers;
(3) <<NOTE: 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) <<NOTE: 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) <<NOTE: Consultation.>> consult with the exclusive
bargaining representative of the air traffic controllers
certified under section 7111 of title 5, United States Code.
(c) <<NOTE: 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.
[[Page 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. <<NOTE: 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. <<NOTE: 49 USC 44505 note.>> FLIGHT PROFILE
OPTIMIZATION.
(a) Pilot Program.--
(1) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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 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.''; and
(2) in subsection (e) by striking ``May 10, 2024'' and
inserting ``September 30, 2028''.
SEC. 611. <<NOTE: 49 USC 47124 note.>> FEDERAL CONTACT TOWER WAGE
DETERMINATIONS AND POSITIONS.
(a) In General.--The Secretary shall request that the Secretary of
Labor--
(1) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 STAT. 1227]]
(4) <<NOTE: 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) <<NOTE: 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) <<NOTE: Recommenda- tions.>> Recommendations on changes
to increase radio communications coverage below 4,000 feet above
ground level within such airspace.
SEC. 613. <<NOTE: 49 USC 44505 note.>> AERONAUTICAL MOBILE
COMMUNICATIONS SERVICES.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1228]]
(4) Training for radio operators on new operation procedures
and protocols.
(5) <<NOTE: Implementation plan.>> A phased implementation
plan for incorporating SatVoice services into the AMCS program.
(6) <<NOTE: 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. <<NOTE: 49 USC 44505 note.>> DELIVERY OF CLEARANCE TO
PILOTS VIA INTERNET PROTOCOL.
(a) <<NOTE: 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) <<NOTE: Designations.>> Airport Selection.--
(1) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Timeline.>> A description of and timeline for
each remaining phase of the relocation of the LIT VORTAC.
SEC. 617. <<NOTE: 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
[[Page 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) <<NOTE: 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''; and
[[Page 138 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, <<NOTE: 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. <<NOTE: Deadlines. 49 USC 40101 note.>> NEXTGEN
PROGRAMS.
(a) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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
[[Page 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. <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: Deadlines.>> CONTRACT TOWER PROGRAM.
Section 47124 of title 49, United States Code, is amended--
(1) in subsection (b)(3) by 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.''; and
(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--
[[Page 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) <<NOTE: 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) <<NOTE: Determinations.>> Liability Insurance.--
``(1) <<NOTE: 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) <<NOTE: 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. <<NOTE: Deadlines.>> REMOTE TOWERS.
(a) In General.--Section 47124 of title 49, United States Code, is
further amended--
[[Page 138 STAT. 1236]]
(1) by adding at the end the following:
``(h) Milestones for Design Approval of Remote Towers.--
``(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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. <<NOTE: 49 USC 44505 note.>> AUDIT OF LEGACY SYSTEMS.
(a) <<NOTE: 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;
[[Page 138 STAT. 1238]]
(2) <<NOTE: 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) <<NOTE: Analysis.>> an analysis of the
operational risks associated with using such legacy
systems;
(B) <<NOTE: Recommenda- tions.>> recommendations
for replacement or enhancement of such legacy systems;
and
(C) <<NOTE: Analysis.>> an analysis of any
potential impact on aviation safety and efficiency; and
(4) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Inventory.>> an inventory of the legacy systems
in use;
(2) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: Deadlines. Recommenda- tions.>> AIR TRAFFIC
CONTROL FACILITY REALIGNMENT STUDY.
(a) Examination.--
(1) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Investigation. Determination.>> what types of
investigation the Administrator carries out to determine if an
air traffic control tower facility should be replaced;
(4) <<NOTE: Timeline.>> a timeline of the replacement
process for an individual air traffic control tower facility
replacement;
[[Page 138 STAT. 1241]]
(5) <<NOTE: 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) <<NOTE: 49 USC 47124 note.>> List of Replaced Air Traffic
Control Tower Facilities.-- <<NOTE: Web posting.>> The Administrator
shall establish, maintain, and publish on the website of the FAA a list
of the following:
(1) <<NOTE: Time period.>> All air traffic control tower
facilities replaced within the 10-year period preceding the date
of enactment of this Act.
(2) <<NOTE: 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) <<NOTE: 49 USC 47124 note.>> Pilot Program for Transitioning to
FAA Towers.--
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.--
[[Page 138 STAT. 1242]]
(A) <<NOTE: 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 striking ``The Secretary may'' and inserting the
following:
``(A) In general.--The Secretary may''; and
(2) by adding at the end the following:
``(B) <<NOTE: 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.
[[Page 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) <<NOTE: 49 USC 40103 note.>> Low-altitude Rotorcraft and
Powered-lift Aircraft Instrument Flight Routes.--
(1) <<NOTE: 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,
[[Page 138 STAT. 1244]]
information, and recommendations provided by the
advisory group to the Administrator and the Director.''.
SEC. 629. <<NOTE: Assessments.>> UPGRADING AND REPLACING AGING
AIR TRAFFIC SYSTEMS.
(a) Study.--
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: Plan.>> a plan for executing upgrades to or
replacements of existing ASOS/AWOS located in non-contiguous
States;
(2) <<NOTE: Plan.>> 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;
(4) <<NOTE: 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) <<NOTE: 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.
[[Page 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.--
<<NOTE: 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. <<NOTE: 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--
[[Page 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'';
[[Page 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.
[[Page 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) <<NOTE: 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 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.''.
[[Page 138 STAT. 1249]]
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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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'--
[[Page 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Compliance.>> the sponsor agrees to
comply with all statutory and administrative
requirements that would apply to the
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1254]]
to the Administrator a publicly-available list of entities
manufacturing airport passenger boarding infrastructure or
equipment that--
(A) <<NOTE: China.>> are owned, directed by, or
subsidized in whole or in part by the People's Republic
of China;
(B) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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'';
[[Page 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 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''; and
(C) by adding at the end the following:
``(B) <<NOTE: 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'';
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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 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.'';
and
(4) in paragraph (4)(B) by striking ``2 fiscal years'' and
inserting ``3 fiscal years''.
(b) Briefing.--
(1) <<NOTE: 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) <<NOTE: 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
[[Page 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)'';
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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:
[[Page 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) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1262]]
section that an interest in land be used for an aeronautical purpose
unless--
``(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: Distributions.>> IIJA State Block Grant Program
Administrative Funding.--
(1) <<NOTE: 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) <<NOTE: Time periods.>> Administrative funds.--With
respect to administrative funds made available for fiscal years
2022 through 2026--
(A) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: Grants.>> INNOVATIVE FINANCING TECHNIQUES.
Section 47135 of title 49, United States Code, is amended--
(1) by 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; or
[[Page 138 STAT. 1265]]
``(3) expedite the delivery or completion of an airport
development project without reducing safety or causing
environmental harm.''; and
(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) <<NOTE: Grants. Contracts.>> Pilot Program.--
``(1) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: Deadline.>> Briefing.--Not later than 2 years after the
Secretary establishes the pilot program under section 47142(c) of title
49, United
[[Page 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, <<NOTE: 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:
``Sec. 47145. <<NOTE: 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) <<NOTE: Plan.>> to develop or modify a plan
(as described in subsection (e)) for a project that
increases accessibility for individuals with
disabilities, including--
``(i) <<NOTE: 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).
[[Page 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) <<NOTE: 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) <<NOTE: Updates.>> updating airport terminals
to increase the availability of accessible seating and
power outlets for durable medical equipment (such as
powered wheelchairs);
``(D) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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, <<NOTE: 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 adding at the end the following:
``Sec. 47146. <<NOTE: 49 USC 47146.>> General aviation program
runway extension pilot program
``(a) <<NOTE: 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
[[Page 138 STAT. 1270]]
turboprop or turbojet aircraft that cannot be accommodated with
the existing runway length.
``(3) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.''.
[[Page 138 STAT. 1271]]
(b) Clerical Amendment.--The analysis for subchapter I of chapter
471 of title 49, United States Code, <<NOTE: 49 USC prec. 47101.>> is
further amended by inserting 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 <<NOTE: 49 USC prec.
47301.>> of such title, are repealed.
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 adding at the end the following new
subparagraph:
``(D) a Medium Intensity Approach Lighting System
with Runway Alignment Indicator Lights.''; and
(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) <<NOTE: 49 USC 44502 note.>> Effective Date.--The amendments
made by this section shall take effect beginning on October 1, 2024.
SEC. 729. <<NOTE: 49 USC 47101 note.>> NATIONAL PRIORITY SYSTEM
FORMULAS.
(a) <<NOTE: 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
[[Page 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;
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Evaluation.>> evaluate the information
requested or required by the Administrator from airports for
completeness and usefulness by the FAA and the public;
(3) <<NOTE: Assessment.>> assess the costs associated with
collecting, reporting, and maintaining such information for
airports and the FAA;
(4) <<NOTE: Determination.>> determine if such information
provided is--
(A) updated on a regular basis to make such
information useful; and
[[Page 138 STAT. 1275]]
(B) audited and verified in an appropriate manner;
(5) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: Examinations.>> TRANSPORTATION DEMAND
MANAGEMENT AT AIRPORTS.
(a) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: Examination.>> examine the impact of hazardous
weather and other environmental factors that pose risks to
airports in coastal or flood-prone areas; and
(2) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Deadline.>> be issued not later
than 60 days after the date on which the sponsor
submits all information required by the Secretary;
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.--
[[Page 138 STAT. 1278]]
(1) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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:
[[Page 138 STAT. 1279]]
``Sec. 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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, <<NOTE: 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) <<NOTE: 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 striking subsection (a) and inserting the following:
``(a) [Reserved].''; and
(2) by striking subsection (b) and inserting the following:
[[Page 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 striking subparagraph (B) and inserting the
following:
``(B) <<NOTE: 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;''; and
(B) in subparagraph (C)(i) by striking
``subparagraph (B)'' and inserting ``subsection (x)'';
and
(2) by 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) <<NOTE: 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).''.
[[Page 138 STAT. 1281]]
SEC. 744. <<NOTE: 49 USC 44718 note.>> PROTECTION OF SAFE AND
EFFICIENT USE OF AIRSPACE AT AIRPORTS.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1282]]
surface criteria that is specific to an
airport. <<NOTE: 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 <<NOTE: 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. <<NOTE: 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. <<NOTE: 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. <<NOTE: 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
[[Page 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. <<NOTE: 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. <<NOTE: 49 USC 44502 note.>> AIRPORT DIAGRAM
TERMINOLOGY.
(a) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: Assessment.>> An assessment of the economic
impact and contribution of airports and air routes to national
and regional economies.
(3) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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.
[[Page 138 STAT. 1285]]
SEC. 755. GAO STUDY ON TRANSIT ACCESS.
(a) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1287]]
the airport sponsor of record initially does not consent to such change.
SEC. 758. <<NOTE: 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) <<NOTE: 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. <<NOTE: 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,
[[Page 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. <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Assessments.>> Required Information.--Each progress
report under subsection (a) shall include the following:
(1) <<NOTE: 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; and
[[Page 138 STAT. 1290]]
(D) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: New York. New Jersey.>> STUDY ON COMPETITION
AND AIRPORT ACCESS.
Not <<NOTE: 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.
[[Page 138 STAT. 1291]]
SEC. 765. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44706 note.>> PFAS-RELATED RESOURCES FOR
AIRPORTS.
(a) <<NOTE: 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
[[Page 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--
[[Page 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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:
[[Page 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) <<NOTE: 49 USC 44714 note.>> In General.--
(1) Prohibition on restriction of fuel usage or
availability.-- <<NOTE: 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) <<NOTE: 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
[[Page 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. <<NOTE: 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. <<NOTE: 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) <<NOTE: 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; and
[[Page 138 STAT. 1298]]
``(B) signage at or near the entrance to the
changing station indicating the location of the changing
station.
``(2) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1299]]
installation of a universal changing station (as defined in
section 47107(y)) at a commercial service airport.''.
SEC. 774A. <<NOTE: 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) <<NOTE: 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. <<NOTE: Recommenda- tions.>> STUDY ON IMPROVEMENTS FOR
CERTAIN NONHUB AIRPORTS.
(a) <<NOTE: 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) <<NOTE: 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.
[[Page 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.--
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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).
[[Page 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.
[[Page 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 striking ``For any'' and inserting the
following:
``(1) In general.--For any''; and
(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--
``(1) consider'';
[[Page 138 STAT. 1304]]
(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 striking subsection (m) and inserting the following:
``(m) Coordination and Schedule.--
``(1) Coordination plan.--
``(A) <<NOTE: 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). <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1305]]
``(iii) <<NOTE: Time period.>> 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.--
``(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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Public
information. Web posting.>> make the
report under clause (i) publicly
available on a website of the Department
of Transportation.
[[Page 138 STAT. 1307]]
``(G) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1311]]
the continued validity or appropriateness of the
planning product or portions thereof.
``(G) <<NOTE: 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) <<NOTE: 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) <<NOTE: Statement.>> for an environmental
impact statement--
``(i) <<NOTE: 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) <<NOTE: 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;
[[Page 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).''.
[[Page 138 STAT. 1313]]
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. <<NOTE: Deadlines. 49 USC 47501 note.>> PART 150 NOISE
STANDARDS UPDATE.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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.
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: Time period. Effective date.>> commenced within
a 2-year period beginning on the date of a declaration described
in this section.
(c) <<NOTE: 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.
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: Summaries.>> summarize the relevant literature
and studies done on airborne UFPs worldwide;
(2) focus on large hub airports;
(3) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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--
[[Page 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;
[[Page 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) <<NOTE: 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. <<NOTE: District of Columbia. 49 USC 47501 note.>>
INFORMATION SHARING REQUIREMENT.
(a) <<NOTE: 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) <<NOTE: Deadline. Study. Examination.>> In General.--Not later
than 3 years after the date of enactment of this Act, the Comptroller
General shall initiate a
[[Page 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) <<NOTE: 126 Stat.
1164.>> is amended by adding at the end the following:
``SEC. 5. <<NOTE: 49 USC 44703 note.>> REEXAMINATION OF AN AIRMAN
CERTIFICATE.
``(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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:
``Sec. 44114. <<NOTE: 49 USC 44114.>> Privacy
``(a) <<NOTE: 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.-- <<NOTE: 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.
[[Page 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) <<NOTE: Requirement.>> Limitations.--In carrying out
the program described in paragraph (1), the Administrator shall
require--
``(A) <<NOTE: Attestation.>> each applicant to
attest to a safety or security need in applying for a
new ICAO aircraft identification code; and
``(B) <<NOTE: 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, <<NOTE: 49 USC prec. 44101.>> is amended by adding
at the end the following:
``44114. Privacy.''.
(c) <<NOTE: 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. <<NOTE: Deadlines.>> ACCOUNTABILITY FOR AIRCRAFT
REGISTRATION NUMBERS.
(a) <<NOTE: 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) <<NOTE: 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
[[Page 138 STAT. 1323]]
equal participation in the process for reserving aircraft registration
numbers by the general public.
SEC. 805. <<NOTE: Determinations. 49 USC 44703 note.>> TIMELY
RESOLUTION OF INVESTIGATIONS.
(a) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44703 note.>> ALL MAKES AND MODELS
AUTHORIZATION.
(a) In General.--
(1) <<NOTE: 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.--
[[Page 138 STAT. 1324]]
(1) <<NOTE: 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) <<NOTE: 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. <<NOTE: Deadlines.>> ADS-B OUT EQUIPAGE STUDY; VEHICLE-
TO-VEHICLE LINK PROGRAM.
(a) Study and Briefing on ADS-B Out Equipage.--
(1) <<NOTE: 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) <<NOTE: Requirements.>> the requirements for,
and impact of, expanding the dual-link architecture that
is used below an altitude of flight level 180;
(C) <<NOTE: Costs.>> the costs and benefits of
equipage of ADS-B out;
(D) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 STAT. 1325]]
(2) are not reliant on ground infrastructure or air-to-
ground communication links.
SEC. 809. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1326]]
SEC. 811. <<NOTE: 49 USC 40103 note.>> AIRSHOW SAFETY TEAM.
(a) <<NOTE: 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) <<NOTE: Strategies.>> Activities.--In carrying out the
objectives pursuant to subsection (b), the Airshow Safety Team shall, at
a minimum--
(1) <<NOTE: Analysis.>> perform an analysis of airshow and
aerial event accidents and incidents in conjunction with the
Safety Analysis Team;
(2) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: Compliance.>> such aircraft is
compliant with maintenance, inspections, and any
other requirements for the aircraft's
airworthiness certificate issued under section
44704(d); and
[[Page 138 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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--
[[Page 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. <<NOTE: 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) <<NOTE: 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. <<NOTE: 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. <<NOTE: 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. <<NOTE: Time periods. 49 USC 41108 note.>> PART 135 AIR
CARRIER CERTIFICATE BACKLOG.
(a) <<NOTE: Deadlines.>> In General.--The Administrator shall take
such actions as may be necessary to achieve the goal of reducing the
backlog
[[Page 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) <<NOTE: 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. <<NOTE: Recommenda- tions.>> ENHANCING PROCESSES FOR
AUTHORIZING AIRCRAFT FOR SERVICE IN
COMMUTER AND ON-DEMAND OPERATIONS.
(a) Establishment of Working Group.--
(1) <<NOTE: 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) <<NOTE: 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;
[[Page 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) <<NOTE: 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. <<NOTE: 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. <<NOTE: 49 USC 44701 note.>> CONSISTENCY OF POLICY
APPLICATION IN FLIGHT STANDARDS AND
AIRCRAFT CERTIFICATION.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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, 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) <<NOTE: Audits.>> audits of the application
and interpretation of such material by Administration
personnel from person to person and office to office;
``(B) <<NOTE: 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) <<NOTE: 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.''.
[[Page 138 STAT. 1332]]
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 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.''; and
(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) <<NOTE: Recommenda- tions.>> Submit recommendations,
as needed, to the Assistant Administrator for Rulemaking and
Regulatory Improvement for consideration.''.
SEC. 824. <<NOTE: 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. <<NOTE: 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
[[Page 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) <<NOTE: 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. <<NOTE: 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;
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Assessments.>> In general.--In developing the
transition plan under subsection (a)(2)(E), the Administrator
may, at a minimum, assess the following:
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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 striking subsection (h) and inserting the following:
``(h) <<NOTE: 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.''; and
(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) <<NOTE: 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) <<NOTE: 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.
[[Page 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. <<NOTE: 49 USC 40101 note.>> CHARITABLE FLIGHT FUEL
REIMBURSEMENT EXEMPTIONS.
(a) <<NOTE: Rescissions.>> In General.--
(1) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1339]]
(3) <<NOTE: 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. <<NOTE: 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. <<NOTE: 49 USC 44703 note.>> NATIONAL COORDINATION AND
OVERSIGHT OF DESIGNATED PILOT EXAMINERS.
(a) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44701 note.>> PART 135 PILOT
SUPPLEMENTAL OXYGEN REQUIREMENT.
(a) <<NOTE: 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) <<NOTE: 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,
[[Page 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. <<NOTE: 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 <<NOTE: 49 USC prec. 44801.>> amended by striking 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. <<NOTE: 49 USC 44505 note.>> RADAR DATA PILOT PROGRAM.
(a) <<NOTE: 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) <<NOTE: Process.>> Authorization.--In carrying out subsection
(a), the Administrator, in coordination with the Secretary of Defense
and
[[Page 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Determination. Criteria.>> Waiver approval
precedent.--If the Administrator determines, using criteria for
a particular waiver, that an
[[Page 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) <<NOTE: 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. <<NOTE: 49 USC 44801 note.>> ENVIRONMENTAL REVIEW AND
NOISE CERTIFICATION.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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) <<NOTE: 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. <<NOTE: 49 USC 44502 note.>> PILOT PROGRAM FOR UAS
INSPECTIONS OF FAA INFRASTRUCTURE.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44802 note.>> DRONE INFRASTRUCTURE
INSPECTION GRANT PROGRAM.
(a) <<NOTE: 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) <<NOTE: 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).
[[Page 138 STAT. 1349]]
(c) <<NOTE: 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) <<NOTE: 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:
[[Page 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. <<NOTE: 49 USC 40101 note.>> DRONE EDUCATION AND
WORKFORCE TRAINING GRANT PROGRAM.
(a) <<NOTE: 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) <<NOTE: 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).
[[Page 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) <<NOTE: 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. <<NOTE: 49 USC 44801 note.>> UNMANNED AND AUTONOMOUS
FLIGHT ADVISORY COMMITTEE.
(a) <<NOTE: 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.
[[Page 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Costs. Estimates.>> provides the costs of
executing the integration described in paragraph (2), including
any estimates of future Federal
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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:
[[Page 138 STAT. 1356]]
``Sec. 44803. <<NOTE: 49 USC 44803.>> Unmanned aircraft system
test ranges
``(a) Test Ranges.--
``(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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;
[[Page 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) <<NOTE: 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
[[Page 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) <<NOTE: 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.--
[[Page 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, <<NOTE: 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)--
[[Page 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, <<NOTE: 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 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.''.
[[Page 138 STAT. 1362]]
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 striking subsection (c) and inserting the following:
``(c) Requirements for Safe Operation.--
``(1) <<NOTE: 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.
[[Page 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.''; and
(4) by adding at the end the following:
``(e) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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 striking subsection (g)(1) and inserting the
following:
``(1) <<NOTE: 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.''; and
[[Page 138 STAT. 1365]]
(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 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;''; and
(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) <<NOTE: 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 adding at the end the following:
``(f) <<NOTE: Regulations.>> Deadlines.--
``(1) <<NOTE: 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.''.
[[Page 138 STAT. 1366]]
SEC. 930. BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR UNMANNED
AIRCRAFT SYSTEMS.
(a) In General.--Chapter 448 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44811. <<NOTE: Deadlines. 49 USC 44811.>> Beyond visual
line of sight operations for unmanned aircraft
systems
``(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.''.
[[Page 138 STAT. 1367]]
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, <<NOTE: 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. <<NOTE: 49 USC 44801 note.>> ACCEPTABLE LEVELS OF RISK
AND RISK ASSESSMENT METHODOLOGY.
(a) <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 44802 note.>> THIRD-PARTY SERVICE
APPROVALS.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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. <<NOTE: 49 USC 44801 note.>> SPECIAL AUTHORITY FOR
TRANSPORT OF HAZARDOUS MATERIALS BY
COMMERCIAL PACKAGE DELIVERY UNMANNED
AIRCRAFT SYSTEMS.
(a) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Review.>> periodically review, as
necessary, amounts of hazardous materials allowed to be
carried by unmanned aircraft systems pursuant to this
section; and
(B) <<NOTE: 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. <<NOTE: Deadlines. 49 USC 44801 note.>> OPERATIONS OVER
HIGH SEAS.
(a) <<NOTE: 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.
[[Page 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) <<NOTE: 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 adding at the end the following:
``Sec. 44812. <<NOTE: 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) <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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.''.
[[Page 138 STAT. 1372]]
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, <<NOTE: 49 USC prec. 44801.>> is further amended by
adding at the end the following:
``44812. Temporary flight restrictions for unmanned aircraft.''.
SEC. 936. <<NOTE: 49 USC 44801 note.>> COVERED DRONE PROHIBITION.
(a) <<NOTE: Grants.>> Prohibitions.--The Secretary is prohibited
from--
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1373]]
(2) <<NOTE: 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) <<NOTE: 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
[[Page 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. <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1375]]
Subtitle B--Advanced Air Mobility
SEC. 951. <<NOTE: 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. <<NOTE: 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; and
[[Page 138 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. <<NOTE: 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) <<NOTE: 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. <<NOTE: 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 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''; 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)--
[[Page 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 striking ``Not later than 30 days'' and
inserting the following:
``(1) In general.--Not later than 30 days''; and
(B) by 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.''; and
(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) <<NOTE: 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 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.''; and
[[Page 138 STAT. 1378]]
(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. <<NOTE: Certification. 49 USC 40101 note.>> RULES FOR
OPERATION OF POWERED-LIFT AIRCRAFT.
(a) SFAR Rulemaking.--
(1) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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,
[[Page 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. <<NOTE: 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. <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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) <<NOTE: 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) <<NOTE: Procedures.>> to the extent necessary, develop
powered-lift specific procedures for airports, heliports, and
vertiports;
(3) <<NOTE: 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. <<NOTE: Deadlines. 49 USC 40101 note.>> INFRASTRUCTURE
SUPPORTING VERTICAL FLIGHT.
(a) <<NOTE: Publications.>> Update to Design Standards.--The
Administrator shall--
(1) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1383]]
SEC. 959. <<NOTE: 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. <<NOTE: 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:
[[Page 138 STAT. 1384]]
``(1) <<NOTE: 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 striking paragraph (1) and inserting the
following:
``(1) Advanced air mobility; aam; regional air mobility;
urban air mobility; vertiport.-- <<NOTE: 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).''; and
(B) by striking paragraphs (9) and (10).
SEC. 961. <<NOTE: 49 USC 40101 note.>> CENTER FOR ADVANCED
AVIATION TECHNOLOGIES.
(a) <<NOTE: 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) <<NOTE: Deadline. Plan.>> Submission to Congress.--Not later
than 1 year after the date of enactment of this Act, the Administrator
shall submit
[[Page 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1386]]
TITLE X--RESEARCH AND DEVELOPMENT
Subtitle A--General Provisions
SEC. 1001. <<NOTE: 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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''.
[[Page 138 STAT. 1387]]
SEC. 1005. ADVANCED MATERIALS CENTER OF EXCELLENCE ENHANCEMENTS.
Section 44518 of title 49, United States Code, is amended--
(1) by 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) <<NOTE: 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.''; and
(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; and
[[Page 138 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 adding at the end the following:
``Sec. 44813. <<NOTE: 49 USC 44813.>> Center of Excellence for
Unmanned Aircraft Systems
``(a) <<NOTE: 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.''.
[[Page 138 STAT. 1389]]
(b) Clerical Amendment.--The analysis for chapter 448 of title
49, <<NOTE: 49 USC prec. 44801.>> United States Code, is further amended
by adding 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:
``Sec. 44814. <<NOTE: 49 USC 44814.>> ASSUREd Safe credentialing
authority
``(a) <<NOTE: 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) <<NOTE: 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, <<NOTE: 49 USC prec. 44801.>> is further amended by
adding 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) <<NOTE: 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. <<NOTE: 49 USC 44701 note.>> HIGH-SPEED FLIGHT
TESTING.
(a) <<NOTE: Procedures. Deadlines.>> In General.--The
Administrator, in consultation with the Administrator of NASA, shall
establish procedures for the exclusive
[[Page 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) <<NOTE: 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.). <<NOTE: 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.
[[Page 138 STAT. 1391]]
SEC. 1010. HIGH-SPEED AIRCRAFT PATHWAY TO INTEGRATION STUDY.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: Timeline. Requirements.>> the
development of a framework and potential timeline to
establish the appropriate regulatory requirements for
conducting high-speed aircraft flights;
(D) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 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. <<NOTE: 49 USC 40103 note.>> OPERATING HIGH-SPEED
FLIGHTS IN HIGH ALTITUDE CLASS E
AIRSPACE.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: Certification.>> identification of the
workforce technical capacity and competencies needed for the
Administrator to certify aircraft systems specific to electric
aircraft;
(2) <<NOTE: Data. Standards.>> the data development and
collection required to develop standards specific to electric
aircraft;
(3) <<NOTE: 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) <<NOTE: 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;
[[Page 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) <<NOTE: 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 <<NOTE: 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 <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Recommenda- tions.>>
recommendations, as appropriate, for the
improvement of such coordination and collaboration
with NASA;
(C) with other relevant Federal agencies;
[[Page 138 STAT. 1395]]
(D) with international partners; and
(E) with academia, research organizations, standards
groups, and industry;
(4) <<NOTE: 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) <<NOTE: 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) <<NOTE: Recommenda- tions.>> recommendations, including
the recommendations developed under paragraphs (3)(B)(iii) and
(7) of subsection (b).
SEC. 1016. <<NOTE: 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) <<NOTE: 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) <<NOTE: Recommenda- tions.>> Report.--Not later than 1
year after the Administrator enters into the agreement with the
center under paragraph
[[Page 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:
``Sec. 44520. <<NOTE: 49 USC 44520.>> Center of Excellence for
Alternative Jet Fuels and Environment
``(a) <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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, <<NOTE: 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. <<NOTE: 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) <<NOTE: 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.
[[Page 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Timeline.>> a proposed timeline for any such
actions pursuant to paragraph (2).
[[Page 138 STAT. 1400]]
SEC. 1020. AVIATION FUEL SYSTEMS.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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.
[[Page 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. <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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.
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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; and
[[Page 138 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1406]]
SEC. 1031. <<NOTE: 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. <<NOTE: 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) <<NOTE: 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. <<NOTE: 49 USC 40101 note.>> DEFINITIONS.
In this subtitle:
(1) Advanced air mobility.--The term ``advanced air
mobility'' means a transportation system that is comprised
[[Page 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. <<NOTE: 49 USC 40101 note.>> INTERAGENCY WORKING
GROUP.
(a) Designation.--
(1) <<NOTE: 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
[[Page 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) <<NOTE: 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. <<NOTE: Deadlines. Time periods. 49 USC 40101 note.>>
STRATEGIC RESEARCH PLAN.
(a) <<NOTE: 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).
[[Page 138 STAT. 1409]]
(c) Contents of the Plan.--In developing the plan required under
subsection (a), the interagency working group shall--
(1) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1410]]
(d) National Academies of Sciences, Engineering, and Medicine
Evaluation.-- <<NOTE: Contracts. Review.>> The Administrator shall seek
to enter into an agreement with the National Academies to review the
plan every 5 years.
(e) <<NOTE: 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 <<NOTE: 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) <<NOTE: 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. <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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. <<NOTE: 49 USC 40101 note.>> PARTNERSHIPS FOR
RESEARCH, DEVELOPMENT, DEMONSTRATION,
AND TESTING.
(a) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Review.>> review options for funding models
best suited for such partnerships, which may include cost-
sharing and public-private partnership models with industry.
(c) <<NOTE: Deadline.>> Transmittal.--Not later than 12 months
after the date of enactment of this Act, the Administrator shall
transmit to the
[[Page 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, <<NOTE: 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, <<NOTE: 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, <<NOTE: 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,''.
[[Page 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, <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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.
[[Page 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. <<NOTE: Effective dates. 49 USC 44714 note.>>
LIMITATIONS FOR CERTAIN CARGO AIRCRAFT.
(a) <<NOTE: 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.
[[Page 138 STAT. 1417]]
SEC. 1106. <<NOTE: 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:
``Sec. 41729. <<NOTE: 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, <<NOTE: 49 USC prec. 41701.>> is further amended by
inserting after the item relating to section 41728 the following:
``41729. COVID-19 vaccination status.''.
(c) <<NOTE: 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. <<NOTE: 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.
[[Page 138 STAT. 1418]]
SEC. 1109. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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
[[Page 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: Strategies. Plans.>> Airport and cargo
development strategies, including the pursuit of new air
carriers and plans for physical expansion.
(2) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1420]]
(9) <<NOTE: 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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) <<NOTE: 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.
[[Page 138 STAT. 1421]]
SEC. 1115. CERTIFICATES OF AUTHORIZATION OR WAIVER.
(a) <<NOTE: 49 USC 40103 note.>> Required Coordination.--
(1) <<NOTE: 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) <<NOTE: 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
[[Page 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-- <<NOTE: National Transportation Safety Board Amendments Act
of 2024.>> NATIONAL TRANSPORTATION SAFETY BOARD
SEC. 1201. <<NOTE: 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:
``Sec. 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:
[[Page 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. <<NOTE: 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.
[[Page 138 STAT. 1424]]
``(4) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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) <<NOTE: 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--
[[Page 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) <<NOTE: 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) <<NOTE: 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; or
[[Page 138 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) <<NOTE: 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. <<NOTE: 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) <<NOTE: 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--
``(1) <<NOTE: 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.''.
[[Page 138 STAT. 1427]]
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--
[[Page 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 adding at the end the following:
``(3) <<NOTE: 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.''; and
(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, <<NOTE: 49 USC prec. 1101.>> is further amended by
striking 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
[[Page 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
[[Page 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) <<NOTE: 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''.
[[Page 138 STAT. 1431]]
(f) Clerical Amendment.--The analysis for chapter 11 of title 49,
United States Code, <<NOTE: 49 USC prec. 1101.>> is further amended by
striking 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, <<NOTE: 49 USC prec. 1101.>> is amended by striking
the item relating to section 1155 and inserting the following:
``1155. Penalties.''.
SEC. 1217. <<NOTE: 49 USC 1114 note.>> ELECTRONIC AVAILABILITY OF
PUBLIC DOCKET RECORDS.
(a) <<NOTE: 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. <<NOTE: 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) <<NOTE: Deadline. Assessment. Determination.>> In General.--Not
later than 12 months after the date of enactment of this Act, the
National Transportation Safety Board
[[Page 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) <<NOTE: 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) <<NOTE: 132 Stat. 3431, 3192.>> of such Act are repealed.
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, <<NOTE: 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, <<NOTE: 49 USC prec. 1101.>> is amended
by inserting after the item relating to chapter 11 the following:
``13. Surface Transportation Board...............................1301''.
SEC. 1222. <<NOTE: 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--
[[Page 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. <<NOTE: 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 <<NOTE: 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''.
[[Page 138 STAT. 1434]]
(3) Exemption from ticket tax.--Section 4261(j) of the
Internal Revenue Code of 1986 <<NOTE: 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.
<all>