Summary Impact on Various Aviation Aspects
#UAS
1. Expanded UAS Integration:
2. UAS Pilot Certification:
3. Remote Identification (Remote ID) Mandate:
4. UAS Traffic Management (UTM) Development:
5. UAS Research and Pilot Programs:
6. UAS Delivery and Advanced Operations:
The impact of these UAS-focused provisions was far-reaching, as it helped to unlock the potential of drone technology across a variety of industries, while also addressing safety and security concerns. This positioned the U.S. as a global leader in UAS integration and usage.
#Hypersonic Aircraft
1. Supersonic Flight Regulations:
- The act directed the FAA to establish new regulations and certification requirements for the operation of supersonic aircraft in the National Airspace System (NAS).
- This included addressing issues such as sonic boom mitigation, noise standards, and airworthiness certification.
2. Supersonic Research and Development:
- The reauthorization provided increased funding and directives for the FAA to collaborate with industry and academia on research and development of supersonic aircraft technologies.
- This helped to accelerate the advancement of quieter and more efficient supersonic aircraft designs.
3. Hypersonic Flight Pathways:
- The act tasked the FAA with developing a comprehensive plan for the integration of hypersonic flight vehicles, which can travel at speeds exceeding Mach 5, into the NAS.
- This included addressing airspace access, air traffic control, and safety considerations for these high-speed aircraft.
4. Airspace Modernization for High-Speed Flight:
- The legislation directed the FAA to prioritize the modernization of the air traffic management system to accommodate the unique operational requirements of supersonic and hypersonic aircraft.
- This involved upgrades to communication, navigation, and surveillance technologies to enable the safe and efficient handling of these high-speed aircraft.
5. Environmental Considerations:
- The reauthorization required the FAA to develop regulations and guidelines to mitigate the environmental impact of supersonic and hypersonic flight, particularly in terms of noise and emissions.
The impacts of these provisions were far-reaching, as they helped to foster an environment that was conducive to the development and eventual commercial deployment of advanced high-speed flight technologies in the United States. This positioned the country as a global leader in the emerging field of supersonic and hypersonic aviation.
#Airport #Safety
1. Runway Incursion Mitigation:
- The act mandated the FAA to implement new technologies and procedures to reduce the risk of runway incursions, which occur when an aircraft, vehicle, or person enters the protected area of an active runway without authorization.
- This included the deployment of advanced ground surveillance systems, enhanced pilot and vehicle operator training, and improved airfield signage and markings.
2. Wildlife Hazard Management:
- The reauthorization directed the FAA to develop updated guidance and regulations for airports to better manage the risks posed by wildlife, such as birds and other animals, that can pose a threat to aircraft operations.
- This resulted in the implementation of more comprehensive wildlife hazard assessment and mitigation plans at airports nationwide.
3. Airfield Infrastructure Upgrades:
- The act provided significant funding for airports to modernize and upgrade their physical infrastructure, such as runways, taxiways, and lighting systems.
- These improvements helped to enhance the overall safety and efficiency of aircraft movements on the airfield.
4. Cybersecurity Enhancements:
- The reauthorization directed the FAA to develop and implement new cybersecurity standards and protocols for airports and aviation systems.
- This was in response to the growing threat of cyber attacks that could disrupt critical airport operations and compromise safety.
5. Improved Emergency Response:
- The legislation mandated the FAA to work with airports to enhance emergency preparedness and response capabilities, including the development of comprehensive emergency plans and the procurement of specialized equipment.
- This helped to ensure that airports were better equipped to handle a wide range of emergency scenarios, from natural disasters to security incidents.
The combined impact of these airport safety provisions in the 2024 FAA Reauthorization Act strengthened the overall resilience and security of the nation's aviation infrastructure, contributing to a safer and more reliable air transportation system.
Senate Overwhelmingly Approves FAA Reauthorization Act
Legislation sets national priorities to strengthen aviation safety standards, grow air traffic controller & safety inspector workforce, implement safety technology on runways & in cockpits
Gives flyers new rights to hassle-free refunds, no-fee family seating & 24/7 customer service; improves accessibility & triples fines for airline consumer violations
Grows infrastructure investments in airports of all sizes, ensures small, rural communities remain connected with air service
Today, the U.S. Senate overwhelmingly approved the bipartisan Federal Aviation Administration (FAA) Reauthorization Act to reauthorize the FAA and the NTSB for five years. Sponsored by Commerce Committee Chair Maria Cantwell (D-Wash.), Ranking Member Ted Cruz (R-Texas), Aviation Subcommittee Chair Tammy Duckworth (D-Ill.) and Ranking Member Jerry Moran (R-Kan.), the legislation prioritizes investments that will strengthen aviation safety, boost consumer protections, grow the aviation safety workforce, advance technology and innovation, and modernize our national airspace system into the future. The legislation is expected to pass the U.S. House of Representatives next week before moving to the President’s desk.
“The American people expect and deserve the safest, most reliable and modern aerospace system in the world and this landmark bill is intended to deliver just that. Our bipartisan legislation sets clear priorities to strengthen aviation safety standards, implement new safety technology, hire more Air Traffic Controllers and safety inspectors, give passengers a guaranteed right to a refund, advance innovation and modernize our air travel infrastructure nationwide. With tonight’s overwhelming vote, we are one step closer to getting this bill onto the president’s desk,” said Chair Maria Cantwell.
“Today the Senate overwhelmingly passed a major FAA Reauthorization that will modernize and transform our country’s aviation system. It was a privilege to lead this significant piece of bipartisan legislation. It included hundreds of key priorities from across the political spectrum and touching every state in the nation. It ultimately gives the FAA the stability it needs to fulfill its primary mission—advancing aviation safety—while also making travel more convenient and accessible. America’s aviation sector is the most innovative in the world, and this bill takes it to the next level by integrating the technologies of the future into our nation’s aerospace system," said Ranking Member Ted Cruz.
“Our country’s aviation sector is the linchpin of our economy. The historic investments and reforms in this legislation will have a significant impact on the daily lives of people across Texas and the nation. My bipartisan legislation will greatly benefit Texas’s thriving aviation industry by enabling testing for various cutting-edge technologies, improving critical infrastructure at airports across the Lone Star State, and making possible a direct flight from San Antonio International Airport to Ronald Reagan Washington National Airport. I am proud to have worked with my Senate colleagues, Chairwoman Cantwell, Aviation Subcommittee Chairwoman Duckworth, and Ranking Member Moran to address the serious challenges facing the FAA and the aviation industry at large, and to advance provisions that will foster the next generation of aviation technology,” Cruz continued.
“This FAA Reauthorization is a true bipartisan win for our entire economy as well as a landmark improvement for aviation safety that will benefit the flying public and consumers across this country,” said Aviation Safety Subcommittee Chair Tammy Duckworth. “Not only does this package include so many of my priorities—including my EVAC Act to ensure emergency evacuation testing reflects realistic situations, a provision upholding strong pilot certification standards and another increasing aviation workforce development funding by six-fold each year—it also represents the most significant effort by Congress in over a decade to make flying safer, easier and more accessible for passengers with disabilities. I’m grateful for Chair Cantwell as well as Ranking Members Cruz and Moran’s partnership in getting this done, and I hope the House sends it to the President as soon as possible so our new law can begin growing the aviation workforce, modernizing the FAA, increasing consumer protections for all passengers and strengthening the nation’s global standing as the gold standard in aviation safety—including the 1,500-hour rule—for years to come.”
“After 14 months of negotiations and several extensions, the Senate came together to pass a long-term FAA Reauthorization poised to not only address the current demands of the aviation industry, but also the future ones,” said Aviation Safety Subcommittee Ranking Member Jerry Moran. “Thank you to my colleagues Sen. Cantwell, Sen. Cruz and Sen. Duckworth for their partnership and tireless work to balance the priorities of the FAA, the aviation community, its academic partners and the flying public. This long-term reauthorization demonstrates our commitment to aviation safety, innovation and excellence.”
Leading up to its passage, America’s aviation community, including pilots, flight attendants, air traffic controllers, aerospace workers, airports, manufacturers and more voiced their support for the bipartisan legislation. Read why here.
The FAA Reauthorization Act of 2024
Authorizes more than $105 billion in appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028:
- $66.7 billion for FAA operations to fund key safety programs, from aircraft certification reform to air carrier oversight, and enable hiring, training and retention of safety-critical staff like air traffic controllers and technical engineers.
- $17.8 billion for FAA facilities and equipment to fund modernization of key technologies and systems to ensure the resilience and development of the world’s most complex airspace system.
- $19.35 billion for FAA airport infrastructure improvement grants to support more than 3,300 airports nationwide in meeting increasing demand and integration of emerging technologies.
- $1.59 billion for FAA research, engineering and development to help America keep competitive in the global race for innovative and sustainable aerospace technology.
Authorizes $738 million in appropriations for the National Transportation Safety Board (NTSB) for fiscal years 2024 through 2028.
Improving Aviation Safety
- Enhances Aircraft Certification Reforms: This bill builds upon the Aircraft Certification, Safety and Accountability Act of 2020 (ACSAA) with new oversight and accountability requirements to ensure full compliance with FAA safety standards for designing and manufacturing aircraft. It requires FAA to provide public notice and opportunity for public comment on any significant aircraft design changes.
- Ensures FAA Response to Service Difficulty Reports: Service Difficulty Reports (SDR) are filed by pilots to report any incidents that occurred on an aircraft. The bill requires the FAA to be responsive to SDRs including to determine and address the causes, and take enforcement action in response to violations of federal aviation regulations.
- Mandates 25-Hour Cockpit Voice Recording Technologies: The bill requires commercial airplanes, including those newly manufactured, to be equipped with 25-hour cockpit recording devices to preserve critical data and inform future safety reforms consistent with NTSB recommendations.
- Reduces Runway “Close Calls”: This bill requires FAA to deploy the latest airport surface situational awareness technologies that track runway aircraft and vehicle movements to prevent collisions, evaluate runway safety technologies, and increase deployment of technology such as Airport Surface Detection Equipment (ASDE-X) at airports.
- Raises International Safety Bar for Airline Operations: The bill codifies, for the first time, U.S. safety requirements for foreign countries whose carriers seek to service the U.S.
- Strengthens the FAA’s Oversight of Foreign Repair Stations: The bill requires FAA oversight of foreign maintenance and repair stations working on U.S. aircraft to match that of U.S. maintenance and repair stations to ensure one level of safety. This provision also removes incentives to offshore U.S. aviation jobs to better protect and support U.S.-certified aircraft mechanics.
- Builds FAA Global Aviation Safety Leadership: The bill renews the FAA’s engagement with the International Civil Aviation Organization (ICAO) and bilateral partners to ensure the U.S. leads global aviation safety innovation.
- Protects Against Cyber Security Threats to Aircraft: The bill helps protect aircraft electronics, including piloting control, against cyber security threats through new FAA requirements and review of the FAA’s current strategic framework for aviation security.
- Updates Air Tour and Helicopter Safety Requirements: Responding to NTSB recommendations, the bill requires stronger safety requirements for commercial air tours and helicopter operations through increased FAA oversight, equipment upgrades and flight data monitoring.
- Tracks High-Altitude Balloons: The bill requires the FAA to establish a new system and requirements for continuous aircraft tracking, including the altitude, location and identity of high-altitude balloons.
- Improves Cabin Air Quality: The bill requires the FAA to further evaluate cabin air quality, establish a new method for reporting fume and smoke events for crewmembers, and take action to address any relevant safety risks.
Growing and Supporting the Aviation Workforce
- Addresses Air Traffic Controller (ATC) Shortages: With a shortage of approximately 3,000 air traffic controllers nationwide, the bill requires that FAA implement improved staffing standards developed with the labor workforce to close staffing gaps. The bill also requires FAA to set maximum hiring targets to increase air traffic controller staffing.
- Improves Access to Quality ATC Controller Training: The bill increases access to high-quality advanced training with the deployment of more high fidelity tower simulation systems in FAA air traffic control towers. These systems have been proven to help controllers prevent close calls and reduce the training backlog and time it takes for controllers to reach certification by 27%.
- Updates FAA Staffing Model to Hire More Safety Inspectors: The bill requires FAA to update its aviation safety inspector model for a more accurate assessment of the number needed to perform safety oversight, and to use it to boost hiring of manufacturing safety inspectors, engineers and technical specialists per year.
- Builds the Aviation Pipeline, Improve Workforce Recruitment and Education: The bill expands the Aviation Workforce Development Grant Program and increases funding to $60 million per year through FY 2028 to grow the aviation workforce pipeline through the education and recruitment of pilots, unmanned aircraft systems operators, maintenance technicians, aerospace engineers, and aircraft manufacturing technical workers.
- Jumpstarts Hiring for the FAA Safety Workforce: The bill requires the FAA to better leverage its direct hire authority to fill key safety positions related to aircraft certification and address gaps in FAA’s safety workforce.
- Streamlines Job Pathways for Veterans: The bill streamlines the transition for military servicemembers to civil aviation maintenance careers by requiring the creation of a new military mechanic competency test, and increases FAA outreach and engagement on pathways to attain civilian mechanic certs. The aviation industry currently captures less than 10% of military aviation maintenance technicians.
- Grows Veteran Pilot Pool: The bill establishes a competitive grant program at DOT to enable eligible flight training schools to recruit and train veterans, who are not already military aviators, to become commercial pilots and certified flight instructors. By covering costs beyond existing veteran education benefits, the measure will help grow the supply of qualified pilots to provide air service to rural communities.
- Supports Women in Aviation: Currently, less than 10% of licensed pilots are women and less than 3% are airline captains. The bill establishes a new Women in Aviation Advisory Committee at DOT, satisfying the Women in Aviation Advisory Board’s chief recommendation to focus on bringing more women into aviation careers and the entire industry.
- Improves Flight Attendant Self-Defense Training: The bill enhances basic and advanced self-defense training for flight attendants to better protect themselves and respond to unruly passenger incidents and other threats.
- Improves FAA’s Aeromedical System and Approach to Mental Health: The legislation establishes the Aeromedical Innovation and Modernization Working Group to modernize FAA’s evaluation of and approach to mental health and other conditions. The bill also improves the FAA’s ability to issue special medical approvals to address backlogs and get healthy pilots safely back to work.
- Recognizes the Importance of the Airport Service Workforce: The bill requires GAO to complete a comprehensive review and report relating to the domestic airport service workforce to examine its role and importance to the aviation economy. The DOT would also be able to convene a public working group with stakeholders to evaluate and discuss the report’s findings.
- Improves Ramp Worker Safety: The bill requires the development and comprehensive update of airport ramp worker safety policies and training to better protect ground crews employed by airlines and contractors who serve in critical roles to keep flights moving.
Improving Consumer Protections and Standards for A Better Flying Experience
- Sets Clear Right to Refunds: For the first time, passengers will have the right to a hassle-free refund if a flight is cancelled or delayed 3-hours domestically and if an international flight is delayed 6-hours.
- Sets Minimum Standards for Airline Credits: When airlines offer credits or in lieu of a refund, credits must be good for at least 5 years—so they don’t expire before they can be used.
- Strengthens the Office of Aviation Consumer Protection: The bill authorizes, for the first time, the DOT’s Office of Aviation Consumer Protection to be led by a senate-confirmed assistant secretary to ensure that there is an active, politically accountable cop on the beat advocating for consumers. The bill authorizes $70 million over five years for this new office.
- Requires Fee-Free Family Seating: The bill prohibits airlines from charging fees for families to sit together. Working families shouldn’t have to be burdened by fees just so their young child isn’t seated next to a stranger.
- Triples Civil Penalties for Violations: To hold airlines accountable, the bill triples the DOT’s statutory civil penalty for consumer violations from $25,000 per violation to $75,000.
- Improves Communication with Consumers When Things Go Wrong: During Southwest’s system meltdown, the airline failed to communicate with passengers stranded at airports. Some airlines dropped their call centers altogether or charge fees to speak to live agents on the phone. The bill requires airlines to provide free, 24/7 access to customer service agents by phone, live chat or text message.
- Makes Airline Passenger Service Standards Comparison Dashboard Permanent: The bill requires DOT to permanently operate an online dashboard comparing information about airline family seating policies and consumer redress in the event of a delay or cancellation where the airline is at fault. And DOT must create a dashboard that shows consumers the minimum seat sizes for each U.S. airline.
- Sets Reimbursement Policy for Incurred Costs: Airlines must establish policies regarding reimbursement for lodging, transportation between lodging and the airport, and meal costs incurred due to a flight cancellation or significant delay directly attributable to the air carrier.
Improving Aircraft Accessibility
- Improves Evacuation Standards: The FAA’s current standards require that passengers—regardless of age or ability—be able to evacuate aircraft within 90 seconds. The bill requires the FAA to study aircraft evacuation and an expert panel to evaluate gaps in current standards and procedures and make recommendations. The FAA must initiate a rulemaking on recommendations the FAA Administrator deems appropriate.
- Extends the Disabilities Advisory Committee: The bill extends the Disabilities Advisory Committee through 2028, which oversees the air travel needs of passengers with disabilities and makes recommendations to the FAA.
- Prevents Damage to Wheelchairs: The bill requires training for airline personnel on safely storing wheelchairs and scooters to avoid leaving flyers with disabilities with damaged or broken mobile assistance.
- Accommodates Seating Requests for Passengers With Disabilities: The bill allows passengers with disabilities to request seating to accommodate disability-related needs, such as being close to a restroom, being seated with a companion or assistant or providing more legroom.
- Offers Onboard Wheelchair Requests: This bill ensures customers know they can reserve onboard wheelchairs.
- Strengthens Protections for Passengers With Disabilities: The bill strengthens Air Carrier Access Act enforcement protections for passengers with disabilities by ensuring airplanes are designed to accommodate people with disabilities and airlines meet accessibility standards.
- Improves Airport Accessibility: The bill creates a new FAA pilot program to award grants to upgrade the accessibility of commercial service airports for people with disabilities.
Expanding Air Travel Service to More of America and Upgrading Airports
- Ensures Rural America’s Access to Air Travel: The bill strengthens the Essential Air Service (EAS) program and increases funding by over 111% per year to ensure small and rural communities remain connected to the National Airspace System and are not subject to a cost share. Scheduled air service is a critical economic driver and the EAS program benefits approximately 60 communities in Alaska and 115 communities in the lower 48 states.
- Protects Service to Small Airports: The bill incentivizes airlines to honor their EAS contracts by giving DOT the ability to penalize airlines that seek to abandon EAS communities and make it harder for airlines to terminate contracts that could leave communities without air service.
- Brings New Air Service to Small Airports: The bill increases funding for Small Community Air Service Development (SCASD) grants by 50% to $15 million per year to help small communities attract new air service to their small airports.
- Rebuilds Airports, Terminals and Runways: The bill boosts Airport Improvement Program (AIP) funding from $3.35 billion per-year to $4.0 billion per-year beginning in FY25 to continue modernizing airport infrastructure as outlined in the Bipartisan Infrastructure Law.
- Supports Small Airports with Modern Infrastructure and Technology: The bill ensures small airports are not left behind and the needs of small communities and rural airports are met through stable AIP funding and reduced local share requirements.
- Disposes of Harmful Airport Firefighting Chemicals: The bill establishes a new grant program to help airports dispose of PFAS, harmful forever chemicals used in firefighting foam, and replace them with safer solutions for firefighters.
Modernizing the National Airspace System and Leading Global Aviation Innovation
- Modernizes FAA Systems: The bill requires the FAA to complete the last stage of NextGen by December 31, 2025, and upgrade the National Airspace System with the latest software and infrastructure.
- Plans for Future Airspace Technology: The bill provides the FAA with resources and direction to complete the next stage of airspace modernization by deploying new air traffic management and surveillance technologies and incorporating the lessons learned from previous modernization efforts.
- Facilitates Commercial Use of Drones and Unmanned Aircraft: The bill directs the FAA to establish a pathway for beyond visual line-of-sight operations and create two additional test sites for companies to start using unmanned aircraft (UAS) for package delivery or other operations. The bill also gives the FAA enforcement authority to prohibit unauthorized or unsafe use of UAS.
- Extends the BEYOND program: The bill continues the BEYOND program, launched in 2020, for five years. Progress has been made under the Unmanned Aircraft Systems Integration Pilot Program which centers around developing standards, engaging communities and informing policies to facilitate the safe deployment and operation of drones.
- Supports Avenues to Safety Certification of Air Taxis: The bill supports pathways and additional certainty needed for the safety certification of advanced air mobility powered-lift aircraft, or “air taxis,” capable of vertical take-off and landing.
Continuing Research and Development for Innovative Aviation Technologies
- Expands Research at the FAA’s Joint Centers of Excellence for Advanced Materials: The bill expands the Joint Centers of Excellence for Advanced Materials, co-led by the University of Washington and Wichita State University, to further research that could make aircraft lighter and more fuel efficient, and improve aircraft safety and accessibility for individuals with disabilities.
- Improves Modernization of FAA Systems Research: The bill creates a new research program to ensure continued modernization of the FAA’s aviation information systems.
- Supports Innovative Aircraft Jet Fuels Research: The bill expands critical research at the FAA Center of Excellence for Alternative Jet Fuels and Environment (ASCENT) to promote safety, cut carbon emissions and make commercial aviation more fuel efficient.
- Furthers UAS and AAM Research: The bill expands FAA research to safely integrate unmanned aircraft systems and advanced air mobility into the national airspace system, including making it easier for first responders to use drones for disaster response.
- Small Business Recognition: This bill levels the playing field for small businesses to be able to further participate in the FAA’s Continuous Lower Energy, Emissions and Noise Program.
- Creates Pathways for New Entrant Technologies: This bill works to research how to best introduce emerging aviation technologies into the airspace, including electric propulsion and hypersonic aircraft.
- Exercises FAA Leadership in Hydrogen Research and Policy Development: The bill requires the FAA to coordinate with the Department of Energy to develop and execute a research strategy to enable the safe use of hydrogen in civil aviation. The FAA would also be required to exercise leadership in developing policies, standards and regulations to inform the safe certification of hydrogen-powered commercial aircraft.
- Provides New Federal Investments in Unleaded Fuels Resources: The bill expands eligibility under the FAA’s Airport Improvement Program to fund critical infrastructure, such as storage tanks and pipelines, to support the transition from leaded aviation gasoline to unleaded aviation gasoline in airports across the country.
Empowering the NTSB
- Authorizes More Funding: This bill authorizes $738 million over five years for the NTSB, ensuring the agency has the workforce and resources it needs to thoroughly investigate accidents throughout the country.
- Additional Workforce Training: Ensures the NTSB workforce can acquire new and additional training it needs on emerging transportation technologies so that investigators are prepared to investigate now and into the future.
- New Investigative Authorities: This bill grants the NTSB additional authority to investigate and identify probable cause for any highway accident, including highway accidents that occur at railroad grade crossings, concurrent with any State investigation. It also requires the NTSB and relevant state agencies to coordinate to ensure both the NTSB and the state agencies have timely access to the information needed to conduct their investigations.
- Ensures Access to Data: This bill ensures that the NTSB will be able to obtain the recordings, recording information, design specifications, and other data it needs from entities that are subject to an investigation by the NTSB.
- Improves Delivery of Family Assistance: This bill broadens the scope of assistance required to be provided by airlines to passengers and families of passengers who are affected by accidents.
Sen. Cantwell led bipartisan and bicameral negotiations, along with Ranking Member Ted Cruz, and House Transportation and Infrastructure Committee Chair Sam Graves (R-Mo.) and Ranking Member Rick Larsen (D-Wash.) to reach agreement on the final bill.
Sens. Cantwell, Cruz, Duckworth and Moran introduced the Senate FAA Reauthorization bill on June 12, 2023, and the Committee passed the legislation with bipartisan support on February 8, 2024. The Committee held eight hearings to inform the bill’s drafting, including: Integrating new entrants into the National Airspace System on September 28, 2022, strengthening airline operations and consumer protections following the Southwest and holiday cancellations on February 9, 2023, modernizing the FAA’s NOTAM system following failures on February 15, 2023, overseeing aviation safety and the Aircraft Certification, Safety, and Accountability Act on March 8, 2023, strengthening the aviation workforce on March 16, 2023, enhancing consumer protections and connectivity in air transportation on March 23, 2023 and advancing the next generation aviation technologies on March 29, 2023, and addressing close calls to improve aviation safety on November 9, 2023.
S.1939 - 118th Congress (2023-2024): FAA Reauthorization Act of 2024
Text - S.1939 - 118th Congress (2023-2024): FAA Reauthorization Act of 2024
Calendar No. 335
S. 1939
To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028, and for other purposes.
IN THE SENATE OF THE UNITED STATES
Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title; table of contents.
(a) Short title.—This Act may be cited as the “FAA Reauthorization Act of 2023”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 101. Airport planning and development and noise compatibility planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Extension of expiring authorities.
Sec. 105. Authority to subpoena physical evidence.
Sec. 106. Research, engineering, and development.
Sec. 107. Effective date.
Sec. 201. Future of NextGen.
Sec. 202. Airspace Innovation Office.
Sec. 203. Commercial Software Options for Improving ASIAS Analytics.
Sec. 204. Authority to use electronic service.
Sec. 211. Safety and efficiency through digitization of FAA systems.
Sec. 212. Report elimination or modification.
Sec. 213. Internal regulatory process review.
Sec. 214. Review and Updates of Categorical Exclusions.
Sec. 301. Independent Study on future state of type certification processes.
Sec. 302. Report on international validation program performance.
Sec. 303. High risk flight testing.
Sec. 304. Recording devices.
Sec. 305. Helicopter safety.
Sec. 306. Review and incorporation of human readiness levels into agency guidance material.
Sec. 307. Service difficulty reports.
Sec. 308. Accountability and compliance.
Sec. 309. Accountability for aircraft registration numbers.
Sec. 310. Aircraft registration.
Sec. 311. FAA oversight of repair stations located outside the United States.
Sec. 312. Alcohol and drug testing and background checks.
Sec. 313. Continuous aircraft tracking and transmission for high altitude balloons.
Sec. 314. International engagement.
Sec. 315. Air tour and sport parachuting safety.
Sec. 316. International aviation safety assessment program.
Sec. 317. Changed product rule reform.
Sec. 318. Development of low-cost voluntary ADS-B.
Sec. 319. Public aircraft flight time logging eligibility.
Sec. 320. Safety management systems.
Sec. 321. Aviation safety information analysis and sharing program.
Sec. 322. Consistent and timely pilot checks for air carriers.
Sec. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations.
Sec. 324. Tower marking compliance.
Sec. 325. Administrative authority for civil penalties.
Sec. 326. Civil penalties for whistleblower protection program violations.
Sec. 327. Flight service stations.
Sec. 328. Technical assistance agreements.
Sec. 329. Restoration of authority.
Sec. 330. Tarmac operations monitoring study.
Sec. 331. GAO report on cybersecurity of commercial aviation avionics.
Sec. 332. Securing aircraft avionics systems.
Sec. 333. Maintenance data availability.
Sec. 334. Study on airworthiness standards compliance.
Sec. 335. Fire protection standards.
Sec. 336. Cabin air safety.
Sec. 337. Airport air safety.
Sec. 338. Aircraft interchange agreement limitations.
Sec. 339. Wildfire suppression.
Sec. 340. Study on impacts of temperature in aircraft cabins.
Sec. 341. Part 135 pilot supplemental oxygen requirement.
Sec. 342. Crewmember pumping guidance.
Sec. 343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act.
Sec. 401. NextGen accountability task force.
Sec. 402. Use of advanced surveillance in oceanic airspace.
Sec. 403. GPS monitoring pilot program.
Sec. 404. Runway safety technologies.
Sec. 405. Flight profile optimization.
Sec. 406. Stars remote surveillance displays.
Sec. 407. Audit of legacy systems.
Sec. 408. Aeronautical mobile communications services.
Sec. 409. Low altitude routes for vertical flight.
Sec. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program.
Sec. 411. Extension of enhanced air traffic services pilot program.
Sec. 412. NextGen equipage plan.
Sec. 413. Performance based navigation report and utilization plan.
Sec. 414. Air traffic control facility realignment study.
Sec. 501. Aviation workforce development grants.
Sec. 502. Women in Aviation Advisory Committee.
Sec. 503. Study of high school aviation maintenance training programs.
Sec. 504. Military aviation maintenance technicians rule.
Sec. 505. Prohibition of remote dispatching.
Sec. 506. Employee assault prevention and response plan standards and best practices.
Sec. 507. Crewmember self-defense training.
Sec. 508. Improving apron safety.
Sec. 509. Aviation Medical Innovation and Modernization Working Group.
Sec. 510. Airman Certification Standards.
Sec. 521. Air traffic control staffing standards.
Sec. 522. FAA Workforce review audit.
Sec. 523. Direct hire authority utilization.
Sec. 524. Staffing model for aviation safety inspectors.
Sec. 525. Safety critical staffing.
Sec. 526. Instrument landing system installation.
Sec. 527. Aviation Certification Fellowship Program.
Sec. 528. Contract Tower Program air traffic controller training programs.
Sec. 529. Review of FAA and industry cooperative familiarization programs.
Sec. 530. Improved access to air traffic control simulation training.
Sec. 531. Air Traffic Controller Instructor Pipeline.
Sec. 532. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes.
Sec. 533. Federal aviation administration academy and facility expansion plan.
Sec. 601. AIP eligibility amendments.
Sec. 602. Revised minimum apportionments.
Sec. 603. Apportionments for transitioning airports.
Sec. 604. Updating United States Government’s share of project costs.
Sec. 605. Primary airport designation.
Sec. 606. Discretionary fund for terminal development costs.
Sec. 607. Alternative-delivery and advance-construction methods pilot program.
Sec. 608. Integrated project delivery.
Sec. 609. Airport investment partnership program.
Sec. 610. Airport accessibility.
Sec. 611. General aviation public-private partnership program.
Sec. 612. Runway rehabilitation.
Sec. 613. Extension of provision relating to airport access roads in remote locations.
Sec. 614. Procurement regulations applicable to FAA multimodal projects.
Sec. 615. Solar powered taxiway edge lighting systems.
Sec. 616. Additional ground based transmitters.
Sec. 617. Automated weather observing systems maintenance improvements.
Sec. 618. Contract Tower Program.
Sec. 619. Remote towers.
Sec. 620. Grant assurances.
Sec. 621. Civil penalties for grant assurances violations.
Sec. 622. Community use of airport land.
Sec. 623. Buckeye 940 release of deed restrictions.
Sec. 624. Clarifying airport revenue use of local general sales taxes.
Sec. 625. AIP handbook review.
Sec. 626. PFAS-related resources for airports.
Sec. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam.
Sec. 628. Review of airport layout plans.
Sec. 629. NEPA purpose and need statements.
Sec. 630. Passenger facility charge streamlining.
Sec. 631. Use of passenger facility charges for noise barriers.
Sec. 632. Automated weather observing systems policy.
Sec. 633. Infrastructure Investment and Jobs Act implementation.
Sec. 634. Report on airport notifications.
Sec. 635. Coastal airports resiliency study.
Sec. 636. Survey of power distribution capacity.
Sec. 637. Study on competition and airport access.
Sec. 638. Regional airport capacity study.
Sec. 639. Study on autonomous and electric-powered track systems.
Sec. 640. Special rule for reclassification of certain unclassified airports.
Sec. 641. General aviation airport runway extension pilot program.
Sec. 701. Advisory committee for aviation consumer protection.
Sec. 702. Unrealistic or deceptive scheduling.
Sec. 703. Refunds.
Sec. 704. Airline passenger rights transparency act.
Sec. 705. Disclosure of ancillary fees.
Sec. 706. Access to customer service assistance for all travelers.
Sec. 707. Frequent flyer programs and vouchers.
Sec. 708. Airline customer service dashboards.
Sec.
709. Annual briefings on disruptions of passenger air transportation
and periods of mass cancellations of scheduled flights.
Sec. 710. Enhancing child safety.
Sec. 711. Codification of consumer protection provisions.
Sec. 712. GAO study on competition and consolidation in the air carrier industry.
Sec.
713. GAO study and report on the operational preparedness of air
carriers for preparing for changing weather and other events related to
changing conditions and natural hazards.
Sec. 714. Increase in civil penalties.
Sec. 715. Family seating.
Sec. 716. Establishment of Office of Aviation Consumer Protection.
Sec. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities.
Sec. 732. Modernization and improvements to aircraft evacuation.
Sec. 733. Improved training standards for assisting passengers who use wheelchairs.
Sec. 734. Training standards for stowage of wheelchairs and scooters.
Sec. 735. Mobility Aids On Board Improve Lives and Empower All Act.
Sec. 736. Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023.
Sec. 737. Transportation of organs.
Sec. 738. Access and Dignity for All People who Travel Act.
Sec. 739. Equal Accessibility to Passenger Portals Act.
Sec. 740. Store On-board Wheelchairs in Cabin Act.
Sec. 741. Essential air service.
Sec. 742. Small community air service development grants.
Sec. 743. GAO study and report on the alternate Essential Air Service program.
Sec. 801. Office of Advanced Aviation Technology and Innovation.
Sec. 802. Advanced Aviation Technology and Innovation Steering Committee.
Sec. 803. Beyond visual line of sight operations for unmanned aircraft systems.
Sec. 804. Extending special authority for certain unmanned aircraft systems.
Sec. 805. Environmental Review and Noise Certification.
Sec. 806. UTM implementation.
Sec. 807. Operations over the high seas.
Sec. 808. Extension of the BEYOND program.
Sec. 809. Extension of the Know Before You Fly campaign.
Sec. 810. Unmanned aircraft system data exchange.
Sec. 811. Unmanned aircraft system detection and mitigation enforcement authority.
Sec. 812. Recreational operations of drone systems.
Sec. 813. UAS test ranges.
Sec. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft.
Sec. 815. Airport safety and airspace hazard mitigation and enforcement.
Sec. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems.
Sec. 821. Sense of Congress on FAA leadership.
Sec. 822. Aviation Rulemaking Committee on certification of powered-lift aircraft.
Sec. 823. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects.
Sec. 824. Advanced Air Mobility Working Group amendments.
Sec. 825. Rules for operation of powered-lift aircraft.
Sec. 826. International coordination on powered-lift aircraft.
Sec. 827. Advanced air mobility propulsion systems aviation rulemaking committee.
Sec. 901. Advanced materials center of excellence enhancements.
Sec. 902. Center of excellence for unmanned aircraft systems.
Sec. 903. ASSUREd safe credentialing authority.
Sec. 904. FAA and NASA advanced aviation technologies pilot program.
Sec. 905. Advancing global leadership on civil supersonic aircraft.
Sec. 906. CLEEN engine and airframe technology partnership.
Sec. 907. Hypersonic flight testing.
Sec. 908. Hypersonic pathway to integration study.
Sec. 909. Operating high-speed flights in high altitude Class E airspace.
Sec. 910. Electric propulsion aircraft operations study.
Sec. 911. Contract weather observers program.
Sec. 912. Airfield pavement technology program.
Sec. 913. National aviation research plan modification.
Sec. 914. FAA and NASA research and development coordination review.
Sec. 915. Research and development of FAA's aeronautical information systems modernization activities.
Sec. 916. Center of Excellence for Alternative Jet Fuels and Environment.
Sec. 917. Aircraft Noise Advisory Committee.
Sec. 1001. Noise mitigation.
Sec. 1101. Technical corrections.
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) SECRETARY.—Unless otherwise specified, the term “Secretary” means the Secretary of Transportation.
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 by striking paragraphs (1) through (6) and inserting the following:
“(1) $4,000,000,000 for fiscal year 2024;
“(2) $4,000,000,000 for fiscal year 2025;
“(3) $4,000,000,000 for fiscal year 2026;
“(4) $4,000,000,000 for fiscal year 2027; and
“(5) $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 “2023,” and inserting “2028,”.
SEC. 102. Facilities and equipment.
Section 48101(a) of title 49, United States Code, is amended by striking paragraphs (1) through (6) and inserting the following:
“(1) $3,575,000,000 for fiscal year 2024.
“(2) $3,625,000,000 for fiscal year 2025.
“(3) $3,675,000,000 for fiscal year 2026.
“(4) $3,675,000,000 for fiscal year 2027.
“(5) $3,675,000,000 for fiscal year 2028.”.
(a) In general.—Section 106(k)(1) of title 49, United States Code, is amended by striking subparagraphs (A) through (F) and inserting the following:
“(A) $12,740,000,000 for fiscal year 2024;
“(B) $13,033,000,000 for fiscal year 2025;
“(C) $13,500,000,000 for fiscal year 2026;
“(D) $13,900,000,000 for fiscal year 2027; and
“(E) $14,400,000,000 for fiscal year 2028.”.
(b) Authority to transfer funds.—Section 106(k)(3) of title 49, United States Code, is amended by striking “fiscal years 2018 through 2023” and inserting “fiscal years 2024 through 2028”.
SEC. 104. Extension of expiring authorities.
(a) Marshall Islands, Micronesia, and Palau.—Section 47115(i) of title 49, United States Code, is amended by striking “fiscal years 2018 through 2023” and inserting “fiscal years 2024 through 2028”.
(b) Extension of compatible land use planning and projects by State and local governments.—Section 47141(f) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “September 30, 2028”.
(c) Midway Island airport.—Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176; 117 Stat. 2518) is amended by striking “fiscal years 2018 through 2023” and inserting “fiscal years 2024 through 2028”.
(d) Authority to provide insurance.—Section 44310(b) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “September 30, 2028.”.
SEC. 105. Authority to subpoena physical evidence.
Section 46104(a)(1) of title 49, United States Code, is amended by striking “and records” and inserting “, records, including documents and data, whether stored in a physical or electronic format, and tangible objects”.
SEC. 106. Research, engineering, and development.
Section 48102(a) of title 49, United States Code, is amended—
(1) in paragraph (14), by striking “and” at the end;
(2) by paragraph (15), by striking the period at the end and inserting a semicolon; and
“(17) $360,000,000 for fiscal year 2025;
“(18) $367,000,000 for fiscal year 2026;
“(19) $374,000,000 for fiscal year 2027; and
“(20) $390,000,000 for fiscal year 2028.”.
(1) KEY PROGRAMS.—Not later than December 31, 2025, the FAA shall operationalize all the key programs under the NextGen project as described in the FAA’s deployment plan.
(2) OFFICE; ADVISORY COMMITTEE.—The NextGen Office and the NextGen Advisory Committee shall terminate on December 31, 2025.
(3) TRANSFER OF RESIDUAL NEXTGEN IMPLEMENTATION FUNCTIONS; STATUS REPORT.—If the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall transfer the residual functions of completing NextGen to the Airspace Innovation Office established under section 202.
(4) TRANSFER OF ADVANCED AIR MOBILITY FUNCTIONS.—Not later than 90 days after the date of enactment of this section, any AAM (as defined in section 106(u)(7) of title 49, United States Code (as added by section 801)) relevant functions, duties, and responsibilities of the NAS Systems, Engineering, & Integration Office or other Offices within the Office of NextGen shall be incorporated into the Office of Advanced Aviation Technology and Innovation established under section 106(u) of title 49, United States Code (as so added).
(5) STATUS REPORTS.—If the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall, not later than 30 days after such deadline, and quarterly thereafter until all key programs under the NextGen project are deployed, brief the appropriate committees of Congress on the status of each incomplete program, including, with respect to each such incomplete program—
(A) an explanation as to why the program deployment was delayed or not completed by such deadline;
(B) an assessment of the key risks to the full implementation of the program and a description of how the FAA is mitigating, or plans to mitigate, those risks; and
(C) a detailed schedule of actions necessary to complete the program, including updated milestones and deadlines.
(1) IN GENERAL.—Not later than 90 days of the date of enactment of this section, the Administrator shall contract with an independent third-party contractor or a Federally funded research and development center to develop a report reviewing and assessing the implementation of the NextGen project.
(2) REQUIREMENTS.—The report developed under paragraph (1) shall include the following:
(A) Evaluation of the promised operational benefits at the time of initiation and the realized benefits upon completion of the NextGen project.
(B) Recommendations for the technical capacity and resources needed by the FAA in order to oversee a comprehensive airspace modernization project on-schedule and on-budget.
(C) Identification of programs under the NextGen project that were significantly delayed, significantly diminished, or ultimately not implemented, including an explanation of the cause of the delay, reduction, or removal of the program from the NextGen project by the FAA. This discussion shall include at a minimum, programs relating to expanding surveillance coverage across the country, increasing performance-based navigation, and improving enroute data communications.
(D) Identification of any challenges that impacted the implementation of the NextGen project.
(E) Identification of any lessons learned during the NextGen project effort, and whether, how, and to what effect those lessons may be applied to future national airspace system modernization efforts.
(F) Assessment of national airspace system user engagement in the NextGen project priorities and implementation.
(G) Recommendations of the justifications for further national airspace system modernization efforts including economic, safety, efficiency, capacity, predictability, and resiliency of the United States air transportation system.
(3) DEADLINE.—Not later than June 30, 2026, the report developed under paragraph (1) shall be submitted to the Administrator and the appropriate committees of Congress.
SEC. 202. Airspace Innovation Office.
(1) IN GENERAL.—On January 1, 2026, the Administrator shall establish within the FAA the Airspace Innovation Office (in this section referred to as the “Office”).
(2) ASSISTANT ADMINISTRATOR.—The Office shall be led by the Assistant Administrator.
(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; and
(B) developing an integrated plan for the future state of the national airspace system and overseeing the deployment of the system.
(4) CONSULTATION.—The Assistant Administrator shall consult, as necessary, with the Chief Technology Officer appointed under section 106(s) of title 49, United States Code, and the Associate Administrator for Advanced Aviation Technology and Innovation appointed under section 106(u) of title 49, United States Code (as added by section 801).
(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 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 Nation’s future air transportation system, and an explanation of how those 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 FAA’s mission; and
(B) 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 non-profit organizations in carrying out such activities;
(B) the annual anticipated cost of carrying out such activities; and
(C) the technical milestones that will be used to evaluate the activities.
(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) The management of the enterprise architecture framework for the introduction of these operational improvements and to inform FAA financial decision-making.
(5) A business case for the operational improvements that the Office will develop and deploy not later than 2040, including the benefits, costs, and risks of the preferred and alternative options.
(c) Considerations.—In developing and carrying out the integrated plan, the Office shall consider—
(1) the results and recommendations of the independent report on implementation of the NextGen project under section 201(b);
(2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and
(3) the audit of legacy systems required by section 407, and the resulting plan to replace or enhance the identified legacy systems within a reasonable time frame.
(d) Consultation.—In developing and carrying out the integrated plan, the Office shall consult with representatives from—
(1) the National Aeronautics and Space Administration;
(5) aviation labor groups;
(6) aviation research and development entities;
(7) aircraft and avionics manufacturers;
(8) air traffic control suppliers;
(9) commercial space industry;
(10) commercial and recreational drone industry; and
(11) any other entities the Office deems necessary.
(e) Plan deadline; briefings.—
(1) PLAN DEADLINE.—Not later than November 30, 2026, the Administrator shall submit the integrated plan required by subsection (a)(3)(B) 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, and the Committee on Appropriations of the House of Representatives.
(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 by subsection (a)(3)(B), including any changes to the plan.
(f) DOT Inspector General review.—Not later than 180 days following submission of the integrated plan under subsection (e)(1), the Inspector General of the Department of Transportation shall review the integrated plan and submit to the committees of Congress specified in paragraph (1) a report that—
(1) assesses the business case for the integrated plan;
(2) provides any recommendations for improving the integrated plan; and
(3) includes any other information that the Inspector General determines appropriate.
(g) Limitation.—The FAA is not authorized to spend any amounts on the deployment of new air traffic management technologies and operational improvements that have yet to be deployed and identified in the integrated plan until the committees of Congress specified in paragraph (1) have been briefed under subsection (e)(2).
SEC. 203. Commercial Software Options for Improving ASIAS Analytics.
(1) EVALUATION.—Not later than 180 days after the date of enactment of this section, the Administrator shall evaluate whether commercial software solutions are available to improve the FAA’s Aviation Safety Information Analysis and Sharing (ASIAS) system to advance the system’s predictive capabilities and analytical solutions developed.
(2) REQUIREMENTS.—In carrying out the evaluation required by paragraph (1), the Administrator shall—
(A) prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs; and
(B) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate live demonstrations of proposed solutions, as part of the evaluation criteria.
(b) Congressional briefing.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a briefing on the results of the evaluation carried out under subsection (a) that—
(1) includes an assessment of the FAA’s progress toward achieving previously identified milestones for ASIAS by the Inspector General of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports; and
(2) outlines the FAA’s plan to use rapidly deployable commercial solutions to assist the FAA in meeting such milestones.
SEC. 204. Authority to use electronic service.
Section 46103 of title 49, United States Code, is amended—
(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. 211. Safety and efficiency through digitization of FAA systems.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall—
(1) identify, at the discretion of the Administrator, 3 processes of the FAA that result in a certification (such 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 by subsection (a), the Administrator shall ensure that the digitization of any process allows for—
(1) an applicant to track their application 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) Briefing to Congress.—Not later than 1 year 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. 212. Report elimination or modification.
(1) REPORT ON THE AIRPORT IMPROVEMENT PROGRAM.—
(A) IN GENERAL.—Section 47131(a) of title 49, United States Code, is amended by striking the first sentence and inserting “Not later than June 1, 2025, and biennially thereafter, the Secretary of Transportation shall submit to Congress a report on activities carried out under this subchapter during the prior 2 fiscal years.”.
(i) Section 47131 of title 49, United States Code, is amended in the section heading by striking “Annual” and inserting “Biennial”.
(ii) The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47131 and inserting the following:
“47131. Biennial report.”.
(2) NATIONAL AVIATION RESEARCH PLAN.—
(A) Section 44501(c)(1) of title 49, United States Code, is amended by striking “the date of submission” and inserting “90 days after the date of submission”.
(B) Section 48102(g) of title 49, United States Code, is amended by striking “the date of submission” and inserting “90 days after the date of submission”.
(1) LASER POINTER INCIDENTS.—Section 2104(a) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 46301 note) is amended by striking “Beginning 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates to the appropriate committees of Congress regarding” and inserting “The Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide an annual briefing to the appropriate committees of Congress regarding”.
(2) REPORT ON HELICOPTER AIR AMBULANCE OPERATIONS.—Section 44731 of title 49, United States Code, is amended—
(i) in the subsection heading, by striking “Report to Congress” and inserting “Briefing”;
(ii) by striking the first sentence and inserting “The Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually on the data collected under subsection (a).”; and
(iii) in the second sentence by striking “report” and inserting “briefing”; and
(B) in subsection (e)(2), by striking “the report” and inserting “the briefing”.
SEC. 213. Internal regulatory process review.
(a) In general.—The Secretary shall establish an internal regulatory process review team (in this section referred to as the “review team”) comprising of FAA employees and individuals described in subsection (b) to develop recommendations to improve the timeliness of, and performance accountability in, the development and promulgation of regulatory materials (as defined in subsection (g)). The review team shall deliver a report with recommendations to the Secretary in accordance with the deadlines specified in subsection (e).
(b) Other members; consultation.—
(1) IN GENERAL.—The review team shall include outside experts and academics with relevant experience or expertise in aviation safety and in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. The review team shall include at least 3 outside experts or academics with relevant experience or expertise in aviation safety and at least 1 outside expert or academic with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety.
(2) CONSULTATION.—The review team may, as appropriate, consult with industry stakeholders.
(c) Contents of review.—In conducting the review required under subsection (a), the review team shall do the following:
(1) Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rule-making committees and stakeholders have collaborated on the proposed regulations to address airworthiness standards deficiencies.
(2) With respect to each office within the FAA that reviews regulatory materials, assess—
(A) the timeline assigned to each such office to complete the review of regulatory materials;
(B) the actual time spent for such review;
(C) opportunities to reduce the actual time for such review; and
(D) whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials.
(3) 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 these employees function in the rulemaking framework.
(4) Describe any organizational changes or the need to hire additional FAA employees, if necessary and taking into consideration whether current positions are staffed, to reduce delays in publication of proposed and final regulatory materials.
(5) 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 real-time progress tracker that updates itself to show the major stages (as determined by the Secretary) of the development of regulatory materials as they are initiated, in progress, and completed, from inception of a proposed development of regulatory materials to publication of the final version of such materials.
(6) Consider changes to the FAA’s best practices under rules governing ex parte communications with other validating authorities, including international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for those related to enhancing aviation safety and the United States’ aviation international leadership.
(7) Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes set by private sector standards-developing organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes.
(8) 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.
(d) Action plan.—The Administrator shall develop an action plan to implement the recommendations developed by the review team. The Administrator shall publish the action plan on the Internet website of the FAA and shall transmit the plan to the appropriate committees of Congress.
(e) Deadlines.—The requirements of this section shall be subject to the following deadlines:
(1) The review team shall complete the evaluation required under subsection (a) and submit the review team’s report on such evaluation to the Secretary not later than 120 days after the date of enactment of this section.
(2) The Administrator shall develop and publish the action plan under subsection (d) not later than 30 days after the date on which the review team submits the report required by subsection (a) to the Administrator.
(f) 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.
(g) Regulatory materials defined.—In this section, the term “regulatory materials” means rules, orders, advisory circulars, statements of policy, guidance, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.
SEC. 214. Review and Updates of Categorical Exclusions.
Not later than 2 year after the date of enactment of this section, the Secretary shall—
(1) identify each categorical exclusion under the jurisdiction of the Department of Transportation (referred to in this section as the “Department”), including any operating administration within the Department; and
(2) review, adopt, and broaden the applicability of categorical exclusions to enable the use by operating administrations of the Department, as relevant and appropriate, of categorical exclusions identified in paragraph (1).
SEC. 301. Independent Study on future state of type certification processes.
(a) Review and study.—Not later than 60 days after the date of enactment of this section, subject to the availability of appropriations, the Administrator shall 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 set forth in this section.
(b) Elements.—The review and study under subsection (a) shall provide analyses, assessments, and recommendations that address the following:
(1) A vision for a future state of type certification that reflects the highly complex, highly integrated nature of today’s aircraft and improvements in aviation safety.
(2) A review of the current tools and techniques used for type certification and an evaluation of whether use of advanced digital tools and techniques, including model-based system engineering, would improve the type certification process and enhance aviation safety.
(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 can be approved and implemented quickly, particularly with respect to software modifications, while maintaining the safety of the type certification process.
(5) What efficiencies and safety process improvements are needed in the FAA’s type certification system that will facilitate the assessment and integration of innovating technologies that 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 that could be adopted by the FAA and the United States, as well as the best practices and tools used by the United States which can be shared with other certification authorities.
(c) Report.—Not later than 15 months after the date of enactment of this section, the organization conducting the review and study shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes the findings and recommendations of the organization.
(d) Congressional briefing.—Not later than 270 days after the report required under subsection (c) is submitted to the Administrator, the Administrator shall brief the appropriate committees of Congress regarding the FAA’s response to the findings and recommendations of such report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation.
SEC. 302. Report on international validation program performance.
(a) In general.—Not later than 120 days after the date of enactment of this section, the Secretary shall evaluate the performance of the FAA’s type certificate validation program under bilateral agreements, with reference to agreed implementation procedures.
(b) Contents.—The evaluation under subsection (a) shall consider, at minimum, the following:
(1) Progress under section 243(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) with respect to improving the FAA’s leadership abroad.
(2) Performance, with reference to metrics such as the number and types of projects, timeline milestones, the validating authority level of involvement and certifying authority delegation, and trends relating to the repeated use of non-basic criteria, relating to review systems or methods of compliance that have been validated previously in similar context.
(3) Training on the minimum standards for validation work plan content, such as the validating authority level of involvement, and what constitutes justification for level of involvement and compliance document requests.
(4) The perspectives of FAA employees responsible for type validation projects, bilateral civil aviation regulatory partners, and industry applicants, on the FAA’s performance in carrying out validation projects.
(5) The levels of funding and staffing for the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA compared to the Branch’s workload and goals.
(6) The effectiveness of FAA training for employees and of outreach conducted to improve and enforce validation processes.
(7) Efforts undertaken to strengthen relationships with international certification authorities to maximize safety cooperation and the use of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures.
(c) Report.—The Administrator shall issue a report regarding the evaluation required under subsection (a) to the appropriate committees of Congress not later than 1 year after the date of enactment of this section.
SEC. 303. High risk flight testing.
(a) In general.—Not later than 2 years after the date of enactment of this section, the Administrator shall take necessary actions, including as appropriate, amending part 21 of title 14, Code of Federal Regulations, and revising or modifying any associated advisory circulars, guidance, or policy of the FAA, in accordance with this section to improve flight test safety risk.
(b) Requirements.—In developing, amending, revising, or modifying regulations, advisory circulars, guidance, or policy under subsection (a), the Administrator shall do the following:
(1) Develop 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.
(2) Develop 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 company 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.
(3) Work with other civil aviation authorities representing States of Design to identify their best practices relative to high-risk flight testing and adopt those practices into the FAA's flight-testing requirements to the maximum extent practicable.
(a) In general.—Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section:
“(a) In general.—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—
“(1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data;
“(2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18;
“(3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations;
“(4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and
“(5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes.
“(b) Prohibited use.—A cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers.
“(c) Applicable aircraft defined.—In this section, the term ‘applicable aircraft’ means an aircraft that is—
“(1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and
“(2) required by regulation to have a cockpit voice recorder or a flight data recorder.”.
(b) Clerical amendment.—The analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44744 the following:
“44745. Recording devices.”.
(a) In general.—Not later than 270 days after the date of enactment of this section, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the “Committee”) with reviewing and assessing the need for changes to the safety requirements for turbine-powered rotorcraft certificated for 6 or more passenger seats in relation to flight data recorders, flight data monitoring, and terrain awareness and warning systems. The Committee shall submit to the Administrator a report on the findings from such review and assessment, together with recommendations for such legislative or administrative action the Committee deems appropriate.
(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) Briefing.—Not later than 30 days after the date on which the Committee submits the report under subsection (a), the Administrator shall brief the appropriate committees of Congress on—
(1) the findings and recommendations included in the Committee's report; and
(2) the Administrator’s plan, if any, to implement such recommendations.
SEC. 306. Review and incorporation of human readiness levels into agency guidance material.
(a) Findings.—Congress finds the following:
(1) Proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error.
(2) The evaluation and monitoring of a new aviation technology or system with respect to human use throughout its design and development may reduce human error in new systems and technologies when used in operational conditions.
(3) The technical standard “ANSI/HFES 400–2021, Human Readiness Level Scale in the System Development Process” defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes.
(b) Review.—Not later than 90 days after the date of enactment of this section, the Administrator shall initiate a process to review ANSI/HFES Standard 400–2021 and determine whether any materials from this standard can and 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 shall conduct a review of the ANSI/HFES 400–2021 technical standard and may consult with subject matter experts affiliated with the authoring organization for such technical standard.
(d) Briefing.—Not later than 180 days after the date of enactment of this section, the Administrator shall brief the appropriate committees of Congress on the progress of the review required by subsection (b).
SEC. 307. Service difficulty reports.
(a) Annual congressional briefings.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on compliance during the preceding year with requirements relating to Service Difficulty Reports, specifically—
(1) compliance by operators with the requirements of section 121.703 of title 14, Code of Federal Regulations;
(2) compliance by approval or certificate holders with the requirements of section 183.63 of title 14, Code of Federal Regulations; and
(3) compliance by FAA offices with the requirements for investigation of Service Difficulty Reports, as documented in the following FAA Orders (and any subsequent revisions of such Orders):
(A) FAA Order 8900.1A, Flight Standards Information Management System (issued October 27, 2022);
(B) FAA Order 8120.23A, Certificate Management of Production Approval Holders (issued March 6, 2017); and
(C) FAA Order 8110.107A, Monitor Safety/Analyze Data (issued October 1, 2012).
(b) Requirements.—The briefings required by subsection (a) shall include the following with respect to the preceding year:
(1) Identification of categories of service difficulties reported, as determined by the Administrator, including repetitive service difficulties reported.
(2) The causes of the service difficulties, as determined by the Administrator.
(3) Actions taken by, or required by, the Administrator to address the identified causes of service difficulties.
(4) Violations of title 14, Code of Federal Regulations, and what, if any, action the FAA took in response to a violation, including any actions set forth in FAA Order 2150.3C, FAA Compliance and Enforcement Program w/Changes 1-10 (issued September 18, 2018) (or any subsequent revisions of such Order).
SEC. 308. Accountability and compliance.
(a) In general.—Section 44704(a)(1) of title 49, United States Code, is amended by adding at the end the following: “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 the submitted design data demonstrates compliance with the applicable airworthiness standards or that 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) Report to Congress.—Not later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification required by the amendment made by subsection (a).
SEC. 309. Accountability for aircraft registration numbers.
The Administrator shall review the process of reserving aircraft registration numbers and implement appropriate changes to ensure the fair participation by the general public, including the implementation of readily available software to prevent any computer auto-fill systems from reserving aircraft registration numbers in bulk.
SEC. 310. Aircraft registration.
(a) In general.—Chapter 441 of title 49, United States Code, is amended by adding at the end the following new section:
Ҥ 44114. Reregistration of aircraft
“If an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that—
“(1) any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and
“(2) the Administrator has not rejected such reregistration application.”.
(b) Effective date.—The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this section.
(c) Clerical amendment.—The analysis for chapter 441 of such title is amended by inserting after the item relating to section 44113 the following:
“44114. Reregistration of aircraft.”.
SEC. 311. FAA oversight of repair stations located outside the United States.
(a) In general.—Section 44733 of title 49, United States Code, is amended—
(1) in the section heading by striking “Inspection” and inserting “Oversight”;
(i) by inserting “, without prior notice to such repair stations,” after “annually”; and
(ii) by inserting “and the applicable laws of the country in which a repair station is located” after “international agreements”; and
(B) by striking the second 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 with the applicable laws of the country in which a repair station is located.”;
(3) by redesignating subsection (g) as subsection (i); and
(4) by inserting after subsection (f) the following:
“(1) IN GENERAL.—An air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, shall, if applicable, provide to the appropriate office of the Administration, not less than once every year, a report containing the information described in paragraph (2) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed in the preceding year.
“(2) INFORMATION REQUIRED.—A report under paragraph (1) shall contain the following information:
“(A) The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) 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) If applicable, a list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier within 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 the work performed on such aircraft.
“(E) 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 of the Federal Aviation Administration shall—
“(A) analyze information made available under paragraph (1) of this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions, to detect safety issues associated with heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States; and
“(B) require appropriate actions in response.
“(4) CONFIDENTIALITY.—Information made available under paragraph (1) shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123.
“(h) Minimum qualifications for mechanics and others working on U.S. registered aircraft.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station—
“(A) all supervisory personnel 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 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 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require any individual who is responsible for approving an article for return to service or who is directly in charge of aircraft (including on-wing aircraft engine) maintenance performed on aircraft operated under part 121 of title 14, Code of Federal Regulations, be available for consultation while work is being performed at a covered repair station.”.
(b) Definition of covered repair station.—
(1) IN GENERAL.—Section 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended—
(A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and
(B) 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 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.”.
(2) 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”.
(c) Clerical amendments.—The analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following:
“44733. Oversight of repair stations located outside the United States.”.
SEC. 312. Alcohol and drug testing and background checks.
(a) In general.—Subject to subsection (c), beginning on the date that is 2 years after the date of enactment of this section, the Administrator may not approve or authorize international travel for any employee of the FAA until a final rule carrying out the requirements of subsection (b) of section 2112 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44733 note) has been published in the Federal Register.
(b) 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 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.
(c) Exceptions.—The prohibition in subsection (a) shall not apply to international travel that is determined by the Administrator on an individual-by-individual basis to be—
(1) exclusively for the purpose of conducting a safety inspection;
(2) directly related to aviation safety standards, certification, and oversight; or
(3) vital to the national interests of the United States.
(d) Definition of covered repair station.—For purposes of this section, the term “covered repair station” means a facility that—
(1) is located outside the United States;
(2) is certificated under part 145 of title 14, Code of Federal Regulations; and
(3) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.
SEC. 313. Continuous aircraft tracking and transmission for high altitude balloons.
(a) Aviation Rulemaking Committee.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review and develop findings and recommendations regarding a standard that any high altitude balloon be equipped with a system for continuous aircraft tracking that shall transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner which is accessible to air traffic controllers, aircraft, and other users of 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 with specific knowledge of high altitude balloon operations.
(C) Representatives of the Department of Defense.
(D) Representatives of Federal agencies that conduct high altitude balloon operations.
(3) REPORT.—Not later than 18 months after the date of enactment of this section, the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee described in paragraph (1). Such report shall include 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 any high altitude balloons to have a continuous aircraft tracking and transmission system.
(B) Any necessary updates to the requirements for unmanned free 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) ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers, aircraft, and other users of the National Airspace System; and
(iii) maintain airspace safety.
(b) Rulemaking and other requirements.—Not later than 180 days after the date on which the Committee submits the report under subsection (a)(3), the Administrator shall—
(1) issue a notice of proposed rulemaking to require a continuous aircraft tracking and transmission system for any high altitude balloon, in accordance with the recommendations of the Committee; and
(2) coordinate with foreign authorities (including bilateral partners and the International Civil Aviation Organization (ICAO)) to develop continuous aircraft tracking and transmission system standards for any high altitude balloon operating outside of the National Airspace System.
(c) Interim standard.—During the period beginning on the date that is 2 years after the date of enactment of this section and ending on the date on which the Administrator issues a notice of proposed rulemaking under subsection (b)(1), a person may only operate a high altitude balloon if such balloon meets the requirements described in section 91.215(b) of title 14, Code of Federal Regulations, notwithstanding the exemption provided in subsection (e)(1) of such section 91.215.
(d) Reports to Congress.—Not later than 6 months after the date of enactment of this section, and every 6 months thereafter until the Administrator promulgates a final rule under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the status of the rulemaking and other requirements being developed under such subsection.
(e) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and Infrastructure of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(2) HIGH ALTITUDE BALLOON.—The term “high altitude balloon” means a manned or unmanned free balloon operating not less than 10,000 feet above sea level.
SEC. 314. International engagement.
(1) IN GENERAL.—The Administrator shall develop and implement a plan to enhance United States’ leadership in aviation safety and policy.
(2) CONTENTS OF PLAN.—The plan required under paragraph (1) shall include, at minimum, the following:
(A) Measures to advance international cooperation related to—
(i) approval of new safety-enhancing technologies and aeronautical products;
(ii) development of regulatory policy and plans related to advanced air mobility concepts;
(iii) innovation in the general aviation sector;
(iv) further integration of uncrewed aircraft systems and advanced air mobility aircraft and operators; and
(v) development of international standards and best practices for enhancing aviation safety consistent with United States policy and objectives.
(B) Initiatives to attain greater expertise among employees of the FAA on issues related to dispute resolution, intellectual property, and export control laws.
(C) Policy regarding the future direction and strategy of United States engagement with the International Civil Aviation Organization and bilateral partner countries, including the secondment of subject matter experts.
(D) Procedures for acceptance of mandatory continuing airworthiness information, such as airworthiness directives and other safety-related regulatory documents, consistent with section 44701(e)(5) of title 49, United States Code.
(E) Measures to align the FAA's technical assistance to foreign civil aviation regulators, taking into account, among other factors, with respect to each such foreign regulator, the particular aeronautical products for which the United States is the State of Design in operation in the State of such regulator’s jurisdiction.
(F) Measures, such as funding and the hiring of additional FAA personnel, necessary for the FAA to fully participate in global and bilateral activities related to aviation safety.
(G) Measures to facilitate and expand the FAA’s international programs, training, and technical assistance to foreign civil aviation authorities in order to—
(i) strengthen aviation safety oversight;
(ii) meet the United Nations International Civil Aviation Organization standards; and
(iii) further United States policy and objectives.
(H) Initiatives to further develop and establish the FAA’s foreign offices in strategic regions, particularly Africa and Asia-Pacific, in order to support the FAA’s international mission to promote a safe, secure, seamless, and sustainable global aerospace system.
(b) Public availability of plan.—Not later than 210 days after the date of enactment of this Act, the Administrator shall make the plan developed under subsection (a) available on the internet website of the FAA.
(1) PLAN.—Not later than 210 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a copy of the plan developed under subsection (a).
(2) UPDATES ON IMPLEMENTATION.—Not later than 1 year after the submission of the plan under paragraph (1), and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the activities the FAA is conducting in order to implement such plan.
(d) International travel.—The Administrator, or the Administrator’s designee, may authorize international travel for any FAA employee, without the approval of any other person or office, for the purpose of—
(1) promotion of aviation safety and other relevant aviation standards;
(2) providing support for expedited acceptance of FAA design and production approvals by other civil aviation authorities;
(3) facilitation of adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization; or
(4) providing support for technical assistance and training by the FAA.
SEC. 315. Air tour and sport parachuting safety.
(a) Safety management system requirements for certain operators.—Not later than 24 months after the date of enactment of this section, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations.
(b) Other safety requirements for commercial operators.—
(A) AUTHORITY TO CONDUCT NONSTOP COMMERCIAL AIR TOURS.—
(i) IN GENERAL.—Subject to clauses (ii) and (iii), beginning on the date that is 3 years after the date of enactment of this section, no person may conduct commercial air tours unless that person—
(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
(II) conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations.
(ii) SMALL BUSINESS EXCEPTION.—The provisions of clause (i) shall not apply to a person who conducts 50 or fewer commercial air tours in a year.
(iii) TEMPORARY EXCEPTION.—Notwithstanding the requirements of clause (i), for a period of 5 years after the date described in clause (i), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person—
(I) as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and
(II) has not been issued such part 119 certificate or received a denial of the application submitted under subclause (I).
(iv) REPORTING REQUIRED.—Beginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under clause (ii) or (iii)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months.
(v) OTHER TERMS.—The Administrator shall—
(I) revise title 14, Code of Federal Regulations, to include definitions for the terms “aerial work” and “aerial photography” that are limited to aerial operations performed for compensation or hire with an approved operating certificate; and
(II) to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions.
(B) ADDITIONAL SAFETY REQUIREMENTS.—Not later than 3 years after the date of enactment of this section, the Administrator shall issue new or revised regulations that shall require all certificated commercial air tour operators to ensure that the doors of the airplane or helicopter used for such tour remain closed during the period of the tour in which the airplane or helicopter is airborne, except for those conducting parachute operations, and incorporate avoidance training for controlled flight into terrain and in-flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The 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 section on human factors issues involved in such accidents, including but not limited to—
(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.—The Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform—
(i) 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;
(ii) 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 (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);
(iii) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program;
(iv) establishing methods to provide effective terrain awareness and warning; and
(v) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In-supported traffic advisory system that—
(I) includes both visual and aural alerts;
(II) is driven by an algorithm designed to eliminate nuisance alerts; and
(III) is operational during all flight operations.
(B) MEMBERSHIP.—The aviation rulemaking committee shall consist of members appointed by the Administrator, including—
(i) representatives of industry, including manufacturers of aircraft and aircraft technologies;
(ii) representatives of aviation operator organizations; 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.
(i) IN GENERAL.—The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (v) of subparagraph (A).
(ii) CONSIDERATIONS.—In carrying out its duties 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 on part 135 commercial operators;
(III) recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST);
(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 (TAWS) 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;
(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.
(D) REPORTS AND REGULATIONS.—The Administrator shall—
(i) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee;
(ii) not later than 12 months after the date of submission of the report under clause (i), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in clauses (i) through (v) of subparagraph (A); and
(iii) not later than 3 years after the date of enactment of this section, issue a final rule with respect to each of the matters specified in such clauses of subparagraph (A).
(c) Expedited process for obtaining operating certificates.—
(1) IN GENERAL.—The Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations.
(2) CONSIDERATIONS.—In carrying out paragraph (1), beginning on the date that is 18 months after the date of enactment of this section, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with subsection (b)(1)(A).
(3) REPORT REQUIRED.—Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing—
(A) how the procedures implemented under paragraph (1) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title;
(B) how considerations under paragraph (2) will be incorporated into procedures implemented under paragraph (1); and
(C) any additional resources required to implement procedures under paragraph (1).
(4) ADDITIONAL REPORTS REQUIRED.—Not later than 3 years after the date of enactment of this section, and annually thereafter the Administrator shall submit a report to the appropriate committees of Congress that—
(i) data on certification approvals and denials; and
(ii) data on duration of key phases of the certification process; and
(B) identifies certification policies in need of reform or repeal.
(d) Safety requirements for sport parachute operations.—
(1) AVIATION RULEMAKING COMMITTEE.—The Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform—
(A) rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address—
(i) Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers’ recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits;
(ii) initial and annual recurrent pilot proficiency checking programs 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
(iii) initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft;
(B) the revision of guidance material contained in Advisory Circular 105–2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and
(C) the revision of guidance materials issued in Order 8900.1 entitled “Flight Standards Information Management System”, to include guidance for Federal Aviation Administration inspectors who oversee part 91 of title 14 Code of Federal Regulations, operations conducted under any of the exceptions specified in section 119.1(e) of title 14, Code of Federal Regulations, which include parachute operations.
(2) MEMBERSHIP.—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) representatives of parachute operator organizations; 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.
(A) IN GENERAL.—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 (1).
(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 generally as relevant and specifically those 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, but not limited to, the United States Parachute Association;
(iv) appropriate use of data for modifying behavior to prevent accidents;
(v) data gathered from aviation safety reporting programs;
(vi) the need to accommodate diversity of operations and mission sets;
(vii) accommodations necessary for small businesses; and
(viii) other issues as necessary.
(4) REPORTS AND REGULATIONS.—The Administrator shall—
(A) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee;
(B) not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue, as necessary, an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1); and
(C) not later than 3 years after the date of enactment of this section, issue, as necessary, a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1).
(e) 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) COMMERCIAL AIR TOUR.—The term “commercial air tour” means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing.
(3) COMMERCIAL AIR TOUR OPERATOR.—The term “commercial air tour operator” means any person who conducts a commercial air tour.
(4) PARACHUTE OPERATION.—The term “parachute operation” has the meaning given that term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).
SEC. 316. International aviation safety assessment program.
Section 44701 of title 49, United States Code, is amended by adding at the end the following:
“(g) Aviation safety oversight measures carried out by foreign countries.—
“(A) IN GENERAL.—At intervals the Administrator considers necessary in the interests of safety, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess the effectiveness of the aviation safety oversight measures carried out by a foreign country—
“(i) from which a foreign air carrier serves the United States;
“(ii) from which a foreign air carrier seeks to serve the United States;
“(iii) whose air carriers code-share with a United States air carrier; or
“(iv) as the Administrator considers appropriate.
“(B) REQUIREMENTS.—In conducting an assessment under subparagraph (A), the Administrator shall—
“(i) consult with the appropriate authorities of the government of the foreign country concerned;
“(ii) determine the extent to which such country effectively maintains and carries out its aviation safety oversight measures pursuant to the Convention on International Civil Aviation (in this section referred to as the ‘Chicago Convention’); and
“(iii) use a standard that will result in an analysis of the aviation safety oversight measures carried out by such country based on the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment.
“(C) NON-COMPLIANCE FINDINGS.—
“(i) IN GENERAL.—When the assessment required by this subsection identifies areas of non-compliance to the safety oversight measures in the Chicago Convention, the Administrator shall conduct final discussions with the foreign country within 90 days of the assessment to determine whether the non-compliance findings have been corrected and the foreign country is now in compliance with the applicable international standards for effective aviation safety oversight.
“(ii) CORRECTION.—If the Administrator determines that the foreign country has corrected identified area of non-compliance by the close of final discussions, the Federal Aviation Administration will issue or continue to issue operations specifications to the foreign operator to enable the United States air service or to the United States operator if the foreign operator is to carry its airline code.
“(iii) NON-CORRECTION.—If the Administrator determines that the foreign country has not has corrected identified area of non-compliance by the close of final discussions—
“(I) immediate notification will be made to the Secretary of Transportation and the Secretary of State, that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country; and
“(II) notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of the foreign country concerned and notification to 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 provides foreign air transportation.
“(D) AUTHORITY.—Notwithstanding subparagraphs (B) and (C), the Administrator retains the ability to initiate immediate safety oversight action when justified based on available safety information.
“(2) NOTIFICATION.—At the conclusion of the international aviation safety assessment process, the Administrator, after advising the Secretary of Transportation and the Secretary of State, shall inform the foreign country of the determination regarding its compliance to ICAO standards. The determination shall—
“(A) for foreign countries determined to be compliant in ICAO standards, state that no further action is needed; and
“(B) for foreign countries determined to be non-compliant in ICAO standards, recommend the actions necessary to bring the aviation safety oversight measures carried out by that country into compliance with the international standards contained in the Chicago Convention, as used by the Federal Aviation Administration in making the assessment.
“(3) FAILURE TO MAINTAIN AND CARRY OUT STANDARDS.—
“(A) IN GENERAL.—Subject to subparagraph (B), if the Administrator determines that a foreign country does not maintain and carry out effective aviation safety oversight measures, the Administrator shall—
“(i) notify the appropriate authorities of the government of the foreign country consistent with paragraph (2);
“(ii) publish the identity of the foreign country on the Federal Aviation Administration website, in the Federal Register, and through other mediums to provide notice to the public;
“(iii) transmit the identity of the foreign country to the Secretary of State to inform the relevant travel advisories; and
“(iv) provide the identity of the foreign country and any critical safety information resulting from the assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(B) IMMEDIATE EXERCISE OF AUTHORITY.—
“(i) IN GENERAL .—The Administrator may immediately exercise authority under subparagraph (A) if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country.
“(ii) NOTIFICATION TO THE SECRETARY OF STATE.—The Administrator shall immediately notify the Secretary of State of a determination under clause (i) so that the Secretary of State may issue a travel advisory with respect to the foreign country.
“(4) ACCURACY OF THE IASA LIST.—To meet the need for the public to have timely and accurate information about the aviation safety oversight of foreign countries, the Administrator shall regularly review the activity of foreign air carriers serving the United States and carrying the code of a United States air carrier. Countries with no such operations for an extended period of time, as determined by the Administrator, will be removed from the public listings for inactivity, after advisement with the Secretary of Transportation and the Secretary of State.
“(5) TRAINING.—The Federal Aviation Administration shall use data, tools, and methods in order to ensure transparency and repeatable results of the assessments conducted under this subsection. The Federal Aviation Administration shall ensure that Federal Aviation Administration personnel are properly and adequately trained to carry out the assessments set forth in this subsection, including with respect to ICAO standards and their implementation by foreign countries.
“(6) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Administrator 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 on the assessments conducted under this subsection, including the results of any corrective action period.”.
SEC. 317. Changed product rule reform.
(a) In general.—Not later than 1 year after the date of enactment of this section, 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 any exception 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 codified 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 section, the Administrator shall provide to the appropriate committees of Congress a briefing on the FAA's implementation of the recommendations of the Changed Product Rule International Authorities Working Group, established under 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.
SEC. 318. Development of low-cost voluntary ADS-B.
(a) In general.—Not later than 24 months after the date of enactment of this section, the Administrator, working with representatives from industry groups, including pilots, aircraft owners, avionics manufacturers, and any others deemed necessary to offer technical expertise, shall develop a report regarding the development of a suitable position reporting system for voluntary use in airspace not mandated for Automatic Dependent Surveillance-Broadcast Out equipment and use (in this section referred to as “ADS–B Out”) by section 91.225 of title 14, Code of Federal Regulations, to facilitate traffic awareness.
(b) Requirements.—The report developed under subsection (a) shall—
(1) research and catalog equipment, standards, and systems (including international) relating to ADS-B Out available as of the date on which the report is submitted under subsection (c);
(2) address strengths and weaknesses of the such equipment, standards and systems, including with respect to costs;
(3) outline potential regulatory and procedural changes that may need to be undertaken by the FAA and other government entities, as well as equipment, standards, and systems that may need to be developed and required, to enable the development and voluntary use of equipment (existing or new) that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out;
(4) determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; and
(5) include a communication strategy that is targeted towards potential users and promotes the benefits of the position reporting solutions to enhance traffic awareness for voluntary use in airspace not mandated for ADS-B Out, when such technology is available for commercial use.
(c) Report to congress.—Not later than 30 day after the date on which the report developed under subsection (a) is finalized, the Administrator shall submit the report to the appropriate committees of Congress.
SEC. 319. 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 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 8, 2018.
(b) Regulations.—Not later than 180 days after the date of enactment of this section, the Administrator shall make such regulatory changes as are necessary as a result of the enactment of subsection (a).
SEC. 320. Safety management systems.
(a) Finding.—Congress finds that on January 11, 2023, the FAA released a notice of proposed rulemaking to update and expand the requirements for safety management systems.
(b) As the FAA reviews comments to the notice of proposed rulemaking described in subsection (a) and drafts the final rule, the Administrator shall ensure that safety management systems program requirements can be appropriately scaled to the size and complexity of each operator.
SEC. 321. Aviation safety information analysis and sharing program.
Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress, a report on the FAA's progress with respect to the Aviation Safety Information Analysis and Sharing (ASIAS) program that—
(1) describes the phased approach the FAA is following to construct the ASIAS system;
(2) describes the efforts of the FAA to secure increased safety data from—
(A) commercial air carriers;
(B) general aviation operators;
(C) helicopter operators;
(D) unmanned aircraft system operators; and
(E) other aircraft operators; and
(3) provides a summary of the efforts of the FAA to address gaps in safety data provided from any of the classes of operators described in paragraph (2).
SEC. 322. Consistent and timely pilot checks for air carriers.
(a) Establishment of working group.—Not later than 180 days after the date of enactment of this section, subject to subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing, evaluating, and making recommendations on check pilot functions for air carriers operating under part 135 of title 14, Code of Federal Regulations.
(1) IN GENERAL.—The working group required by this section shall include—
(A) employees of the FAA who serve as check pilots (as described in section 91.1089 of title 14, Code of Federal Regulations);
(B) representatives of air carriers operating under such part 135; and
(C) industry associations representing such air carriers.
(2) EXISTING WORKING GROUP.—The Administrator may assign the duties of the working group described in subsection (c) to an existing FAA working group if—
(A) the membership of the existing working group includes the members required under paragraph (1); or
(B) the members required under paragraph (1) are added to the membership of the existing working group.
(c) Duties.—The working group shall review, evaluate, and make recommendations on the following:
(1) Methods for approving check pilots for air carriers operating under such part 135.
(2) Actions required to ensure such air carriers are authorized an adequate number of check pilots to enable timely occurrence of pilot checks.
(3) Differences in qualification standards applied to—
(A) employees of the FAA who serve as check pilots; and
(B) check pilots of an authorized air carrier.
(4) Methods to standardize the qualification standards for check pilots, including check pilots who are employees of the FAA and or of an authorized air carrier.
(5) Methods to improve the training and qualification of check pilots.
(6) Prior recommendations made by FAA advisory committees or working groups regarding check pilot functions.
(7) Petitions for rulemaking submitted to the FAA regarding check pilot functions.
(d) Briefing to Congress.—Not later than 1 year after than the date on which the Administrator establishes the working group under subsection (a) (or tasks an existing FAA working group under subsection (b)(2) with the duties described in subsection (c)), the Administrator shall brief the appropriate committees of Congress on the progress and recommendations of the working group, as well as the Administrator's efforts to implement such recommendations.
SEC. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations.
(a) Establishment of working group.—Not later than 180 days after the date of enactment of this section, the Administrator shall establish a Part 135 Aircraft Conformity Working Group (in this section referred to as the “Working Group”). The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes for existing part 135 air carriers and operators in a timely manner and entering those aircraft into service.
(b) Membership.—The Working Group shall be comprised of representatives of the FAA, existing part 135 air carriers and operators, and associations or trade groups representing such class of air carriers or operators.
(c) Duties.—The Working Group shall consider all aspects of the current FAA processes for ensuring aircraft conformity and make recommendations to enhance those 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;
(2) streamlined protocols for part 135 operators to add an aircraft that was listed on another part 135 certificate immediately prior to moving to the new air carrier; and
(3) changes to FAA policy and documentation necessary to implement the recommendations of the Working Group.
(d) 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 Administrator's efforts 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. 324. Tower marking compliance.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on implementation of the requirements of section 2110 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note) (as amended by section 576 of the FAA Reauthorization Act of 2018 (Public Law 115–254, 132 Stat. 3391)).
(b) Requirements.—The briefing required by subsection (a) shall include the following:
(1) A description of, and timeframe for, the Administrator’s development of requirements to file notice of construction of meteorological evaluation towers and other renewable energy projects under the notice of proposed rulemaking RIN 2120-AK77.
(2) A description of the FAA’s use of existing publicly accessible databases to collect and make available information about certain structures that are required to, or voluntarily, file notice with the FAA.
(3) For the period beginning on July 15, 2016, and ending on the date the briefing required by subsection (a) is provided, a list of aircraft accidents during such period that are associated with covered towers (as such term is defined in section 2110(b)(1)(A) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note) that are not marked in accordance with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL).
SEC. 325. 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 2023;
“(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 2023;
“(iii) $10,000,000 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 2023;
“(iv) $250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2023; or
“(v) $2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023;”;
(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 2023;
“(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 2023;
“(C) $10,000,000 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 2023;
“(D) $250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2023; or
“(E) $2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023.”; and
SEC. 326. Civil penalties for whistleblower protection program violations.
Section 46301(d)(2) of title 49, United States Code, is amended by inserting “subchapter III of chapter 421,” before “chapter 441”.
SEC. 327. Flight service stations.
(a) Repeal.—Section 44514 of title 49, United States Code, and the item relating to that section in the analysis for chapter 445 of such title 49 are repealed.
(b) Conforming amendment.—Section 106(g)(1)(D) of title 49, United States Code, is amended by striking “44514,”.
SEC. 328. Technical assistance agreements.
Section 40104(b) of title 49, United States Code, is amended by adding at the end the following new paragraphs:
“(3) STATE-TO-STATE AGREEMENTS.—The Administrator shall promote efficient delivery of bilateral and multilateral engagement and technical assistance by waiving the requirement for State-to-State agreements for the provision of technical assistance and training 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.
“(4) DEFINITION.—In this subsection, the term ‘inherently governmental technical assistance and training’ means technical assistance and training that—
“(A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;
“(B) must be accomplished using agency expertise and authority; and
“(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) related training and exercises in support of aviation safety, efficiency, and security.”.
SEC. 329. Restoration of authority.
(a) In general.—Chapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following:
“(a) General requirements.—The Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security.
“(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, United States Code, 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
“(C) be detrimental to transportation safety.
“(2) DISCLOSURE TO CONGRESS.—Paragraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information.
“(3) SENSITIVE SECURITY INFORMATION.—Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)—
“(A) to conceal a violation of law, inefficiency, or administrative error;
“(B) to prevent embarrassment to a person, organization, or agency;
“(C) to restrain competition; or
“(D) to 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, United States Code, 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.
“(c) 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 United States Government.”.
(b) 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 it had never been repealed by the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3186).
(1) CHAPTER 401 ANALYSIS.—The analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following:
“40119. Security and research and development activities.”.
(2) OTHER DISCLOSURE REQUIREMENTS.—Section 44912 of title 49, United States Code, is amended in subsection (d) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).
SEC. 330. Tarmac operations monitoring study.
(a) In general.—The Director of the Bureau of Transportation Statistics (referred to in this section as the “Director”), in consultation with other offices within the Office of the Secretary of Transportation and the FAA, shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports in the United States.
(b) Objectives.—The objectives of the study conducted under subsection (a) shall include:
(1) Determining the current state of ground source data coverage at airports in the United States.
(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 and developing ground-based tarmac delay statistics.
(4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Director shall establish a pilot program for the purposes of collecting data and developing ground-based tarmac delay statistics or other relevant statistics with respect to airports in the United States.
(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) terminate not more than 3 years after the date of enactment of this section; and
(C) be subject to any guidelines issued by the Director.
(d) Report.—Not later than 4 years after the date of enactment of this section, 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. 331. GAO report on cybersecurity of commercial aviation avionics.
(a) In general.—The Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework for aviation security as part of the FAA’s cybersecurity strategy.
(b) Contents of the review.—The review required by subsection (a) shall assess—
(1) how onboard aircraft cybersecurity risks and vulnerabilities are defined and accounted for in the strategy aviation security framework, particularly in pillar 2 of that framework to “protect and defend FAA networks and systems to mitigate risks to FAA missions and service delivery”;
(2) how onboard aircraft cybersecurity, particularly of the aircraft avionics, is considered, incorporated, and prioritized in the cybersecurity strategy pursuant to section 509 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note);
(3) how roles and responsibilities for aircraft and ground systems cybersecurity are differentiated and enforced between the Transportation Security Agency and the FAA;
(4) how aircraft and ground systems cybersecurity vulnerabilities are being identified and prioritized for mitigation, particularly considering the commercial technology ecosystem; and
(5) the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy those mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities.
(c) Report required.—Not later than 1 year after the date of the enactment of this section, 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 Government Affairs of the Senate.
SEC. 332. Securing aircraft avionics systems.
Section 506(a) of the FAA Reauthorization Act of 2018 (42 U.S.C. 44704 note) is amended—
(1) in the matter preceding paragraph (1), by striking “consider, where appropriate, revising” and inserting “revise, where appropriate, existing”;
(2) in paragraph (1), by striking “and” after the semicolon;
(3) in paragraph (2), by striking the period at the end and inserting “; and”; and
SEC. 333. Maintenance data availability.
(a) In general.—The Administrator shall assign to the Aviation Rulemaking Advisory Committee the task of—
(1) performing a comprehensive review of previous and current FAA regulations and related internal and external guidance material related to instructions for continue airworthiness (in this section referred to as “ICA”); and
(2) developing and submitting to the Administrator recommendations for guidance or regulatory changes to—
(A) clarify the obligations of design approval holders to develop and make ICA available;
(B) create methods to identify and provide access to ICA; and
(C) create mechanisms to accept complaints, resolve disputes, and enforce obligations.
(b) Report to Congress.—Not later than 1 year after receiving the recommendations under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that describes such recommendations and the Administrator's plan, if any, to implement such recommendations.
SEC. 334. Study on airworthiness standards compliance.
(a) Study.—The Administrator shall conduct a study on the safety consequences of a transport airplane design approved by a domestic or foreign aviation manufacturer failing to comply with the applicable airworthiness standards. The study shall identify—
(1) each final airworthiness directive applicable to transport airplanes that was issued by the FAA in the 2-year period prior to the date of enactment of this section to address unsafe conditions resulting from the approval of designs that were non-compliant with an applicable airworthiness standard; and
(2) for each such airworthiness directive—
(A) the airworthiness standard with which the affected products failed to comply, as well as the resulting unsafe condition and whether such condition resulted in an accident;
(B) the methods by which the noncompliance was discovered and brought to the attention of the FAA;
(C) an analysis of whether the method used by the applicant to show compliance was acceptable and whether other compliance methods would have identified the noncompliance during the type certification process;
(D) the date of approval of the relevant type design and the date of issuance of the airworthiness directive;
(E) any corrective action mandated to address the identified unsafe condition;
(F) the period of time specified for the incorporation of the corrective action, during which the affected products were allowed to operate before the unsafe condition was corrected; and
(G) the total cost of compliance estimated in the final rule adopting the airworthiness directive.
(b) Coordination.—In conducting the study under subsection (a), the Administrator shall coordinate with, and solicit comments from, union representatives of the aviation safety engineers involved in the development of airworthiness directives.
(c) Report to Congress.—Not later than 1 year after the date of enactment of this section, 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) a description of any root cause of unsafe conditions identified by such study, as well as an identification of any action required to address any such root cause;
(3) the union representative comments solicited under subsection (b); and
(4) any other recommendations for legislative or administrative action determined appropriate by the Administrator.
(d) Definition of transport airplane.—For purposes of this section, the term “transport airplane” has the meaning given such term in FAA Notice N 8900.649, titled “Use of Air Carrier Pilots During Flight Standardization Board Evaluations for Transport Airplanes” (issued December 23, 2022).
SEC. 335. Fire protection standards.
(a) Internal regulatory review team.—
(1) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this section, the Administrator shall establish an internal regulatory review team (in this section referred to as the “Team”).
(A) IN GENERAL.—Not later than 180 days after the date on which the Team is established, the Team shall conduct a review of foreign airworthiness standards and guidance for firewalls to determine best practices that should be adopted by the FAA and submit to the Administrator a report on the findings of such review.
(B) REQUIREMENTS.—In conducting the review, the team shall—
(i) identify any significant differences in standards or guidance with respect to test article selection, fire test boundaries, and evaluation criteria for such tests, including the use of certification by analysis where substantially similar designs have passed burn tests;
(ii) assess the safety implications for any products imported into the United States that do not comply with the FAA’s firewall requirements; and
(iii) consult with industry stakeholders to the maximum extent practicable.
(b) Duties of the Administrator.—The Administrator shall—
(1) not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the FAA’s Significant Standards List based on such findings; and
(2) not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.
(a) Deadline for submissions to Congress.—Not later than 60 days after the date of enactment of this section, 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 study by the Airliner Cabin Environmental Research Center of Excellence on bleed air required by 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 by subsection (d) of such section.
(b) Rulemaking.—Not later than 1 year after such date of enactment, the Administrator may 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, with respect to incidents onboard aircraft involving oil and hydraulic fluid fume events. The rulemaking shall include, as necessary, the study and report required under subsection (a) and 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 smoke or fume events.
(2) A standardized FAA form and system for reporting incidents involving smoke or fume events onboard aircraft.
(3) The development of investigative procedures for the FAA to follow after receipt of a report of an incident involving an oil and hydraulic fluid event onboard aircraft in which at least 1 passenger or crew member required medical attention as a result of the incident.
(4) Installation onboard aircraft of detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.
The Administrator shall evaluate whether there are impacts to travelers due to poor air quality and bleed air inside Washington Dulles International Airport.
SEC. 338. Aircraft interchange agreement limitations.
(a) In general.—Not later than 6 months after the date of enactment of this section, the Administrator shall revise section part 121.569 of title 14, Code of Federal Regulations, to include each of the provisions described in subsection (b).
(b) Provisions described.—The provisions described in this subsection are the following:
(1) A 30-day limit on foreign aircraft interchange agreements.
(2) A minimum break between foreign aircraft interchange renewals of 90 days.
(3) A limit of no more than 1 foreign aircraft interchange agreement between 2 airlines.
(4) A limit of no more than 2 foreign aircraft on the interchange agreement.
SEC. 339. Wildfire suppression.
(a) In general.—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, not later than 18 months after the date of enactment of this section, the Administrator shall promulgate an interim final 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) 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
(3) the noise standards described in part 36 of such title 14 shall not apply to such an operation.
(b) Surplus military aircraft.—In promulgating any rule under subsection (a), the Administrator shall not enable any aircraft of a type that has been manufactured in accordance with the requirements of and accepted for use by, any branch of the United States Military and has been later modified to be used for wildfire suppression operations.
(c) Conforming amendments to FAA documents.—In promulgating an interim final rule under subsection (a), the Administrator shall amend FAA Order 8110.56, Restricted Category Type Certification (dated February 27, 2006), as well as any corresponding policy or guidance material, to reflect the requirements of subsection (a).
(d) Savings provision.—Nothing in this section shall be construed to limit the Administrator’s authority to take action otherwise authorized by law to protect aviation safety or passenger safety.
(e) Definitions.—For purposes of 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. 340. Study on impacts of temperature in aircraft cabins.
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the “National Academies”) under which the National Academies will conduct a 1-year study on the health and safety impacts, with respect to passengers and crewmembers during each season in which the study is conducted, of the temperature of a covered aircraft cabin falling outside of a temperature between 65 and 85 degrees Fahrenheit during all phases of flight operation.
(2) CONSULTATION.—In conducting the study required by paragraph (1), the National Academies shall consult with the FAA Civil Aerospace Medical Institute, air carriers operating under part 121 of title 14, Code of Federal Regulations, and applicable aviation labor organizations.
(3) FLIGHT DEFINITION.—For purposes of paragraph (1), the term “flight operation” means the period beginning on the moment an individual boards the covered aircraft with the intention of work and duty related to the flight until such time as all such individuals have disembarked from the covered aircraft.
(1) TO THE ADMINISTRATOR.—Not later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Administrator a report on the results of such study, together with recommendations determined appropriate by the National Academies.
(2) TO CONGRESS.—Not later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report describing the results of the study required by subsection (a), together with recommendations for further action deemed appropriate by the Administrator.
(c) Definition of covered aircraft.—For purposes of this section, the term “covered aircraft” means an aircraft operated under part 121 of title 14, Code of Federal Regulations.
SEC. 341. Part 135 pilot supplemental oxygen requirement.
Not later than 1 year after the date of enactment of this section, 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 only apply to aircraft operating at altitudes above flight level 410. In the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, as well as the investigations and recommendations of the National Transportation Safety Board.
SEC. 342. Crewmember pumping guidance.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to Part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during non-critical 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 that complying with the advisory circular will not require an air carrier or foreign air carrier to incur significant expense, such as through the addition of an extra crewmember in response to providing a break, removal or retrofitting of seats on the aircraft, or 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 Administrator’s authority for aviation safety under subtitle VII of title 49, United States Code.
SEC. 343. 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), in the matter preceding subparagraph (A), by striking “September 30, 2023” and inserting “September 30, 2028”; 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) Oversight of FAA compliance program.—Section 122 of division V of the Consolidated Appropriations Act, 2021 is amended—
(1) in subsection (c)(4), by striking “October 1, 2023” and inserting “October 1, 2028”; and
(2) in subsection (d), by striking “2023” and inserting “2028”.
(i) 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. 401. NextGen accountability task force.
(a) Establishment.—The Administrator shall establish a task force, to be known as the “NextGen Accountability Task Force” (referred to in this section as the “Task Force”) to provide recommendations on the most effective operational metrics that can be used to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the Next Generation Air Transportation System (NextGen) project.
(1) IN GENERAL.—The Task Force shall be composed of, at a minimum, representatives from—
(A) the FAA;
(B) trade associations representing avionics manufacturers;
(C) trade associations representing air carriers
(D) trade associations representing business or general aviation operators;
(E) labor organizations representing air traffic controllers; and
(F) any other interested parties that the Administrator determines may provide expertise and assist the Task Force to fulfill its obligations.
(2) APPOINTMENT.—The Administrator shall appoint each member of the Task Force.
(3) VACANCIES.—A vacancy in the Task Force shall be filled in the manner in which the original appointment was made.
(c) Duties.—The Task Force shall —
(1) leverage current metrics used by the FAA to quantify the benefits of NextGen technology and investments;
(2) validate current and establish additional metrics for the FAA to track national airspace system throughput and savings due to NextGen investments by calculating a weighted average by distance, on a per flight basis—
(A) reduction and cumulative savings of track miles and time savings;
(B) reduction and cumulative savings of emissions and fuel burn;
(C) reduction of aircraft operation time; and
(D) any other metrics that the Administrator determines may provide quantifiable benefits for operators in the national airspace system; and
(3) validate current and establish metrics for the FAA to track and assess fleet equipage across operators in the national airspace system including—
(A) percentage of aircraft equipped with NextGen avionics equipment as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020;
(B) quantified costs and benefits for an operator to properly equip with baseline NextGen avionics equipment over the aircraft’s lifecycle; and
(C) cumulative unrealized NextGen benefits associated with rates of mixed equipage across operators.
(d) Report.—Not later than 270 days after the date of enactment of this section, the Task Force shall submit to the Administrator a report with its findings and recommendations and metrics developed pursuant to subsections (a) and (c).
(e) Public display.—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 present, track, and update through 2030—
(1) the metrics recommended and established by the Task Force on a quarterly and annual basis depending on the metric; and
(2) the total amount invested in NextGen technologies and resulting quantifiable benefits on a quarterly basis until the Administrator declares the completion of NextGen implementation.
(f) Federal Advisory Committee Act.—Chapter 10 of title 5, United States Code (commonly known as the “Federal Advisory Committee Act”), shall not apply to the Task Force.
(g) Sunset.—The Task Force shall terminate on the date on which the Administrator receives the report required under subsection (d).
SEC. 402. Use of advanced surveillance in oceanic airspace.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall develop a plan to—
(1) coordinate with counterparts at air service navigation providers in airspace that is adjacent to United States airspace or international airspace delegated to the United States to—
(A) adopt reduced separation standards in oceanic airspace;
(B) implement procedures that will permit user preferred routes to increase fuel efficiency and reduce greenhouse gas emissions; and
(C) exercise leadership in setting global standards by harmonizing the safety and efficiency of air traffic operations in airspace neighboring any airspace delegated to the United States; and
(2) utilize Automatic Dependent Surveillance-Broadcast (ADS-B) relay service within United States airspace or international airspace delegated to the United States for—
(A) positive air traffic control, including separation of aircraft by implementing the ICAO Advanced Surveillance-Enhanced Procedural Separation standard;
(B) air traffic flow management;
(D) accident investigation; and
(b) Report.—Not later than 120 days after the date on which the Administrator completes development of the plan required by subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that—
(1) details the actions the Administrator shall take to implement the plan, including specifying the required technical system upgrades, operational procedure modifications, new training requirements, and a transition plan;
(2) details a schedule with milestones for implementation of the use of advanced surveillance systems or services and coordination of such use with international air service navigation providers; and
(3) describes any anticipated safety enhancements, fuel and operating cost savings, and reduction in carbon emissions of aircraft operating through airspace in which such advanced surveillance systems or services are used.
SEC. 403. GPS monitoring pilot program.
(a) Establishment.—The Administrator shall conduct a pilot program to evaluate technologies to detect, measure, and locate disrupting sources of interference to the GPS Standard Positioning Service in order to mitigate the impacts on air commerce and other related government and civilian functions within the air traffic management ecosystem.
(b) Evaluation of technologies.—
(1) TYPES OF TECHNOLOGIES.—The pilot program shall evaluate commercially available technologies, as well as technologies under development by the FAA, the Department of Transportation, the Department of Defense, the Department of Homeland Security, and the National Aeronautics and Space Administration.
(2) SCOPE.—The pilot program shall consider technologies that have both physical electronics equipment and software components, as well as technologies with only software components.
(c) Number of evaluation sites.—The pilot program shall evaluate technologies for the purposes described in subsection (a) at not less than 5, and not more than 7, airports unless the Administrator determines that additional evaluation sites are needed to carry out the pilot program.
(d) Location of evaluation sites.—
(1) IN GENERAL.—The pilot program shall be conducted at each of the following types of airports:
(A) A primary airport in Class B airspace.
(B) A primary airport in Class C airspace.
(C) A primary airport in Class D airspace.
(D) An airport in Class E airspace.
(2) DOCUMENTED INTERFERENCE.—In determining whether an airport should be an evaluation site for the pilot program, the Administrator shall consider airports described in paragraph (1) that have experienced documented instances of interference to the GPS Standard Positioning Service during the 5-year period ending with the date of enactment of this section.
(e) Private sector participation.—The Administrator shall collaborate with the private sector, including providers of technology that can cost-effectively implement a capability to potentially mitigate the impacts of GPS Standard Positioning Service interference on air commerce.
(f) Congressional briefings.—Beginning 12 months after the date of enactment of this section, and annually thereafter until the date on which the report required by subsection (g) is submitted, the Administrator shall provide the appropriate committees of Congress with a briefing summarizing the status of, and findings from, the pilot program.
(g) Report.—Not later than 180 days after date on which pilot program is terminated, the Administrator shall provide a report to the appropriate committees of Congress on the results of the pilot program.
(h) GPS Standard Positioning Service defined.—In this section, the term “GPS Standard Positioning Service” has the meaning given such term in section 2281(d)(2) of title 10, United States Code.
SEC. 404. Runway safety technologies.
(a) Study.—The Administrator shall conduct a study of runway safety incidents and accidents at airports in the United States and identify technologies that may prevent or reduce the risk of such incidents and accidents.
(b) Report.—Not later than 9 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a) that includes the following:
(1) Recommendations for preventative measures, including process changes and identification of available technologies, to mitigate the risks of runway safety incidents and accidents at or near airports in the United States.
(2) Recommendations for additional airports in the United States, based on a risk-based analysis, that would be viable candidates for installation of runway safety technologies.
(3) The FAA's timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by the Airport Surface Detection System - Model X (ASDE-X) and the Airport Surface Surveillance Capability (ASSC) legacy surveillance systems, and implementing runway safety technologies at airports currently without surface surveillance systems, as needed to improve runway safety.
(4) An explanation of the decision-making process used by the FAA to determine whether to introduce runway safety technologies, like ASDE-X, ASSC, or other appropriate surface surveillance systems, at additional airports.
(c) Briefings.—Following the submission of the report under subsection (b) and annually thereafter, the Administrator shall brief the appropriate committees of Congress on the progress of the action plan under subsection (b)(3), including on the—
(1) status of implementing new surface surveillance systems at additional airports; and
(2) justification for delaying or not implementing additional surface surveillance systems at airports identified by the Administrator under subsection (b)(2).
SEC. 405. Flight profile optimization.
(1) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this section, 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 FAA's trajectory based-operations air traffic flow management system.
(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 FAA’s performance in carrying out air traffic flow management system development projects.
(D) Any other information the Administrator deems appropriate.
(3) 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 time, in such manner, and containing such information as the Administrator may require.
(4) MAXIMUM AMOUNT.—A grant awarded under the program shall not exceed $2,000,000 to a single air traffic flow management technology provider.
(b) Briefing to Congress.—Not later than 180 days after the establishment of the pilot program under subsection (a), and annually thereafter until the termination of the pilot program, the Administrator shall brief the appropriate committees of Congress on the progress of the pilot program under this section, including any implementation challenges of the program, detailed metrics of the program, and any suggested action to achieve the adoption of FPO.
(c) Definition of trajectory-based operations.—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.
SEC. 406. Stars remote surveillance displays.
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall define minimum performance and technical requirements in order to provide a mechanism to certify a commercial radar display capable of displaying primary and secondary radar targets for use by controllers in FAA Contract Tower program towers.
(2) STARS.—With respect to a Standard Terminal Automation Replacement System or any equivalent system procured directly from an original equipment manufacturer (in this section referred to as an “OEM”), the Administrator shall move expeditiously to certify such systems for Federal contract towers and identify such systems by issuing an advisory circular regarding the certification of such systems.
(3) MINIMUM EQUIPMENT LIST.—The FAA may add Standard Terminal Automation Replacement System equipment to the minimum level of equipage necessary for Federal contract towers to perform their function, as applicable.
(b) Installation and maintenance.—Not later than December 31, 2025, the Administrator shall allow airports to—
(1) procure, install, and maintain a Standard Terminal Automation Replacement System or any equivalent system through the FAA; or
(2) purchase a Standard Terminal Automation Replacement System or any equivalent system and installation and maintenance services directly from an OEM.
SEC. 407. Audit of legacy systems.
(a) In general.—Not later than 120 days after the date of enactment of this section, the Administrator shall initiate an audit of all legacy systems to determine their level of operational risk, functionality, security, and compatibility with current and future technology.
(b) Scope of audit.—The audit required by subsection (a)—
(1) shall be conducted by an independent third-party contractor or a Federally funded research and development center (FFRDC) selected by the Administrator;
(2) shall include an assessment of whether a legacy system is outdated, insufficient, unsafe, or unstable, as defined in subsection (f); and
(3) with respect to any legacy systems identified in the audit as outdated, insufficient, unsafe, or unstable, shall include—
(A) an analysis of the operational risks associated with using such legacy systems;
(B) recommendations for replacement or enhancement of such legacy systems; and
(C) an analysis of any potential impact on aviation safety and efficiency.
(c) Deadline.—Not later than December 31, 2025, the audit required by subsection (a) shall be completed.
(d) Report.—Not later than 180 days after the audit required by subsection (a) is completed, the Administrator shall provide a report to the appropriate committees of Congress on the audit's findings and recommendations, including—
(1) an inventory of the legacy systems in use;
(2) an assessment of the operational condition of the legacy systems in use; and
(3) the average age of in-service legacy systems and, for each legacy system in use, the intended design life of the system, by type.
(e) Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems.—
(1) IN GENERAL.—Not later than 120 days after the date on which the Administrator provides the report required by subsection (d), the Administrator shall initiate a plan, in coordination with industry, to accelerate drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required by subsection (a) as outdated, insufficient, unsafe, or unstable.
(2) PRIORITIES.—The Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to air safety and the costs associated with the replacement or enhancement of such legacy systems.
(3) COLLABORATION.—The Administrator shall work with industry to develop a plan to replace or enhance the identified legacy systems within a reasonable time frame.
(4) PROGRESS UPDATES.—The Administrator shall provide the appropriate committees of Congress with semi-annual updates on the progress made in replacing or enhancing the identified legacy systems.
(f) Definitions.—In this section:
(1) INDUSTRY.—The term “industry” means the aviation industry, limited to organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization (ICAO) standards.
(2) LEGACY SYSTEMS.—The term “legacy systems” means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure owned by the FAA that were deployed prior to the year 2000, including the Notice to Air Missions (NOTAM) system.
(3) OUTDATED, INSUFFICIENT, UNSAFE, OR UNSTABLE.—The term “outdated, insufficient, unsafe, or unstable” means a legacy system for which the likelihood of failure creates a risk to air safety or security due to the legacy system's age, ability to be cost-effectively maintained, or any other factors that may compromise the performance or security of the legacy system. Such term includes a legacy system with a risk of a single point of failure or that lacks of sufficient back-up capability in the event of a failure.
SEC. 408. Aeronautical mobile communications services.
(a) Satellite voice communications services.—The Administrator shall evaluate the addition of satellite voice communication services (referred to in this section 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) Analysis and implementation procedures.—Not later than 120 days after the date of enactment of this Act, the Administrator shall begin to develop the safety case analysis and stated implementation procedures for SatVoice instructions over the FAA’s controlled oceanic and remote continental airspace regions.
(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) Collaboration with the International Civil Aviation Organization in defining Satcom Standards and Recommended Practices (SARPs), which shall include an RCP-130 performance standard as well as SatVoice standards.
(4) Training of radio operators on new operation procedures and protocols.
(5) A phased implementation plan for incorporating SatVoice services into the AMCS program.
(6) The estimated cost of the implementation procedures for relevant stakeholders.
(d) HF/VHF minimum equipage.—The addition of SatVoice capability as an added means of communication in oceanic and remote continental airspace shall in no way affect the current HF/VHF equipage requirement for communications in such airspace. The Administrator shall maintain existing HF/VHF services as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.
SEC. 409. Low altitude routes for vertical flight.
(a) Sense of Congress.—It is the sense of Congress that the national airspace system requires additional rotorcraft, including advanced air mobility aircraft, low-altitude instrument flight rules routes leveraging advances in performance based navigation to operate on direct, safe, and reliable routes that ensure sufficient separation from higher altitude fixed wing aircraft traffic.
(b) Low-altitude rotorcraft instrument flight routes.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall initiate a rulemaking process to—
(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 (RNAV) instrument flight rules routes, acting through notice and comment rulemaking, as part of the United States air traffic service route (ATS) structure that utilize performance based navigation, such as Global Positioning System (GPS) and Global Navigation Satellite System (GNSS) equipment.
(2) CONSULTATION.—In carrying out the rulemaking process under paragraph (1), the Administrator shall consult with—
(A) stakeholders in the airport, heliport, rotorcraft manufacturer, rotorcraft operator, general aviation operator, commercial air carrier, and performance based navigation technology manufacturer sectors;
(B) the United States Helicopter Safety Team; and
(C) other stakeholders determined appropriate by the Administrator.
SEC. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program.
(a) Study and briefing on ADS-B out equipage.—
(1) STUDY.—Not later than 90 days after the date of enactment of this section, the Administrator shall initiate a study to determine—
(A) the number of aircraft registered in the United States and other devices operating in the airspace of the United States that are not equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) out equipment;
(B) the requirements for and impact of expanding the dual-link architecture that is used below an altitude of FL180 to any altitude below the current radar floor;
(C) the costs and benefits of equipage; and
(D) the cost and benefits of any accommodation made for aircraft with inoperable ADS-B out equipment.
(2) ANNUAL BRIEFINGS.—Not later than 1 year after the date of enactment of this section, and annually thereafter through 2025, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1), including any updates thereof.
(b) Vehicle-to-Vehicle link program.—Not later than 270 days after the date of enactment of this section, 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 programs that—
(1) enable the real-time digital exchange of key information between nearby aircraft; and
(2) are not reliant on ground infrastructure or air-to-ground communication links.
SEC. 411. 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:
“(1) CERTAIN NEXTGEN AVIONICS.—The term ‘certain NextGen avionics’ means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 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 “September 30, 2023” and inserting “September 30, 2028”.
SEC. 412. NextGen equipage plan.
(1) IN GENERAL.—The Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics in the active commercial and regional fleet of the national airspace system.
(2) CONTENTS.—The plan required under paragraph(1) shall, at a minimum, evaluate and consider recommendations to—
(A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage across the active fleet for commercial and regional aircraft;
(B) identify any remaining barriers for operators to properly equip with certain NextGen avionics, including any methods to address such barriers;
(C) provide for the use of the best methods to highlight and enhance the benefits realizable by operators equipping with certain NextGen avionics; and
(D) contain any equipage guidelines and regulations the Administrator deems 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) labor organizations representing air traffic controllers; and
(D) any other representatives the Administrator determines appropriate.
(b) Submission of plan.—Not later than 1 year after the date of enactment of this section, the Administrator shall consider the recommendations under subsection (a) and submit to the appropriate committees of Congress the plan required under subsection (a).
(c) Rulemaking.—Not later than 180 days after the date on which the plan required under subsection (a) is submitted to the appropriate committees of Congress under subsection (b), the Administrator shall, if Administrator determined appropriate, initiate a rulemaking proceeding to address one or more of the recommendations contained in the plan.
(d) Definition.—In this section the term “certain NextGen avionics” means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020.
SEC. 413. Performance based navigation report and utilization plan.
(a) Report on performance based navigation.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall publish on the website of the FAA a progress report on the utilization, implementation, and operational benefits of performance based navigation (in this section referred to as “PBN”) procedures of the FAA within the national airspace system.
(2) CONTENTS.—The report shall include, at a minimum, a detailed implementation plan with respect to the recommendations made by—
(A) the PBN Clarification Ad Hoc Team, NextGen Advisory Committee (in this section referred to as the “NAC”) Task 19-4 Report completed in November 2020;
(B) the Final Report of the Major Air Carrier Performance Based Navigation (PBN) Way Forward Workgroup for the FAA’s PBN Clarification Tasking to the NAC dated June 2020;
(C) the NAC Subcommittee Update on Opportunities dated June 2020;
(D) the Barriers to Established on Required Navigation Performance Procedures dated November 2019; and
(E) the FAA Reauthorization Act of 2018, Section 547 Enhanced Air Traffic Services, NAC Task 20-3 Report dated March 2021.
(b) Utilization action plan.—180 days after the completion of the report under subsection (a), the Administrator shall, in consultation with representatives of air traffic controllers, develop an action plan to utilize PBN as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system.
(c) Briefing.—Not later than 1 year after the development of the action plan under subsection (b), and annually thereafter, the Administrator shall submit to appropriate committees of Congress a report on the implementation of the action plan, including the utilization rate of PBN as a primary means of navigation.
SEC. 414. Air traffic control facility realignment study.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall partner with a third party to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management.
(b) Contents.—The report required by subsection (a) shall do the following:
(1) Evaluate the potential efficiencies that may result from a reorganization.
(2) Identify whether certain areas prone to congestion or staff shortages would benefit from enhanced flexibilities.
(3) Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment.
(1) TO THE ADMINISTRATOR.—Not later than September 30, 2025, the third party described in subsection (a) shall submit to the Administrator a report on the recommendations described in subsection (b)(3), and a copy of such report shall be transmitted to the labor organization representing air traffic controllers.
(2) TO CONGRESS.—Not later than 60 days after receiving the recommendations described in subsection (b)(3), the Administrator shall brief the relevant Congressional committees on such recommendations, as well as the Administrator's plan, if any, to implement such recommendations.
SEC. 501. Aviation workforce development grants.
(a) In general.—Section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended—
(A) in paragraph (1), by striking “and” at the end;
(B) in paragraph (2), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce.”;
(A) in paragraph (1), by striking “2023” each place it appears and inserting “2028”;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following new paragraph:
“(2) ADDITIONAL FUNDING.—In addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated—
“(A) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1);
“(B) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); and
“(C) $10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3).”; and
(D) in paragraph (3), as redesignated by subparagraph (B), by inserting “(or, in the case of fiscal years 2024 through 2028, $1,000,000)” after “$500,000”;
(A) in paragraph (1)(B), by inserting “, a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002),” after “(20 U.S.C. 1001))”;
(B) in paragraph (2)(B), by inserting “, a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002),” after “(20 U.S.C. 1001))”; and
(C) by adding at the end the following new paragraph:
“(3) An application for a grant under the program established under subsection (a)(3) shall 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, or a credible applicant for such a certificate as determined by the Secretary;
“(B) an accredited institution 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 of the Higher Education Act of 1965 (20 U.S.C. 1002), or a high school or secondary school (as defined in section 7801 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and
“(C) a State or local governmental entity.”;
(4) by striking subsection (d) and inserting the following:
“(d) Eligible projects.—For purposes of a program established under subsection (a), an eligible project is a project—
“(1) to create and deliver a program designed to provide students with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a));
“(2) to support the professional development of teachers and other educators implementing a program described in paragraph (1);
“(3) to establish new educational programs that teach technical skills used by aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including purchasing equipment, or to improve existing such programs;
“(4) to establish scholarships or registered apprenticeships for individuals pursuing employment as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a));
“(5) to support outreach about careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)) to—
“(A) primary, secondary, and post-secondary school students; or
“(B) communities underrepresented in the applicable industry;
“(6) to support educational opportunities in both urban and rural areas;
“(7) to support transition to careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including for veterans and members of the Armed Forces; or
“(8) to otherwise enhance or expand the aircraft pilot, aerospace engineer, unmanned aircraft system operator workforces, aviation maintenance technical worker, or aviation manufacturing technical worker workforces.”;
(i) by inserting “aviation manufacturers,” after “repair stations,” and
(ii) by striking “and” at the end;
(B) in paragraph (2), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(3) give priority to applicants who partner with, or establish links between, secondary schools and post-secondary schools and who work collaboratively or participate in industry or sector partnerships.”; and
(6) by adding at the end the following new subsection:
“(f) Consultation with the Secretary of Education.—The Secretary may consult with the Secretary of Education in—
“(1) developing the design of the grant application under this section;
“(2) reviewing and selecting applications for grants for eligible projects under this section; and
“(3) establishing considerations regarding program quality and measurement of student outcomes.”.
(b) Conforming amendment.—Paragraph (4) of section 48105 of title 49, United States Code, is amended by striking “2023” and inserting “2028”.
(c) National strategic plan for aviation workforce development.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including—
(A) any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and
(B) any situation or condition that warrants special attention by the Federal Government.
(2) REQUIREMENTS.—The national strategic plan established under paragraph (1) shall—
(A) take into account the activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such national strategic plan; and
(B) include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan.
SEC. 502. Women in Aviation Advisory Committee.
(a) Establishment.—There is established within the Department of Transportation the Women in Aviation Advisory Committee (in this section referred to as the “Committee”).
(A) IN GENERAL.—Subject to subparagraph (C), the Committee shall be composed of up to 16 members appointed by the Secretary, including representatives from the following:
(i) Passenger and cargo air carriers operating under part 121 of title 14, Code of Federal Regulations.
(ii) Aircraft manufacturers and aerospace companies.
(iii) Nonprofit organizations within the aviation industry, including at least 1 State aviation agency.
(iv) Airport operators and employees.
(v) Aviation business associations.
(vi) Engineering business associations.
(vii) United States Air Force Auxiliary, Civil Air Patrol.
(viii) Institutions of higher education and aviation trade schools.
(ix) The Department of Labor.
(x) The Department of Education.
(xi) Nonprofit labor organizations representing aviation workers, including organizations representing aviation maintenance workers and pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations.
(B) DATE.—The appointments described in subparagraph (A) shall be made not later than 9 months after the date of enactment of this section.
(C) EX OFFICIO MEMBERS.—The Secretary shall appoint 1 member from the Office of Civil Rights of the FAA to serve in an ex officio capacity.
(2) SUBCOMMITTEES.—The Committee may establish subcommittees as the Committee determines appropriate.
(3) CHAIR; SUBCOMMITTEE CHAIRS.—The Committee—
(A) shall select a Chair from among the members of the Committee; and
(B) may select subcommittee chairs from among the members of the Committee, as the Committee determines appropriate.
(A) IN GENERAL.—Each member of the Committee shall serve until the termination date described in subsection (e).
(i) DEATH OR RESIGNATION.—If a member of the Committee dies or resigns during their term of service, the Secretary shall designate a successor for the unexpired term of such member.
(ii) EXPIRED TERM.—Any member of the Committee whose term of office has expired shall continue to serve as a member until their successor is appointed by the Secretary.
(5) ADMINISTRATIVE SUPPORT.—The Secretary shall furnish the Committee logistical and administrative support to enable the Committee to perform its duties.
(6) COMPENSATION.—Each member of the Committee shall serve without compensation.
(1) ADVISORY ROLE.—The Committee—
(A) shall advise the Secretary and the Administrator on matters related to promoting women in the aviation industry, including education, training, recruitment, retention, and career advancement;
(B) shall review and update the recommendations directed to FAA and non-FAA entities produced by the Advisory Board created under section 612 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and recommend how to engage with those entities to improve the implementation of such recommendations;
(C) shall coordinate with the Department of Transportation Office of Civil Rights and the FAA's Federal Women's Program to not duplicate the objectives of such program; and
(D) shall not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee.
(A) ANNUAL REPORT.—Not later than October 31 of the first calendar year beginning after the date on which the Committee is established under subsection (a), and annually thereafter, the Committee shall submit to Congress, the Secretary, and the Administrator a report that contains a detailed statement of the Committee's recommendations under subparagraphs (A) and (B) of paragraph (1), together with the recommendations of the Committee for such legislation and administrative actions as the Committee considers appropriate.
(B) ADDITIONAL REPORTS.—The Committee may submit to Congress, the Secretary, and the Administrator additional reports and recommendations related to education, training, recruiting, retaining, and advancing women in the aviation industry as the Committee determines appropriate.
(d) Review of recommendations.—Not later than 60 days after the date on which the Secretary receives a report from the Committee under subsection (c)(2), the Secretary shall submit to Congress a report that indicates—
(1) which recommendations of the Committee that the Secretary has determined the Department of Transportation is able to address and provide an update regarding the implementation of such recommendations on an annual basis; and
(2) which such recommendations the Secretary is not able to implement (including any recommendations for legislation) and a rationale for that determination.
(e) Sunset.—The Committee shall terminate on September 30, 2028.
SEC. 503. Study of high school aviation maintenance training programs.
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Comptroller General shall initiate a study to assess the aviation maintenance technician workforce pipeline in the United States, as well as any barriers for students enrolled in high school aviation maintenance programs with respect to—
(A) entering airframe and powerplant mechanic programs; or
(B) accessing pathways to mechanic certification.
(2) CONTENTS.—The study required under paragraph (1) shall assess the following:
(A) The number of high school aviation maintenance programs in the United States and the typical career outcomes for graduates of such programs.
(B) The extent to which high school aviation maintenance programs offer curricula that align with FAA mechanic airman certification standards.
(C) The opportunities afforded to students enrolled in alternative or high school maintenance programs partnered with aviation maintenance technician schools (as described in section 147.15 of title 14, Code of Federal Regulations).
(D) Alternate paths to a certificated aviation maintenance technician school for the fulfillment of the experience requirements described in section 65.75(c) of such title 14.
(E) Any barriers to entry associated with—
(i) developing and attaining the knowledge and experience requirements described in section 65.75 and section 147.31 of such title 14; or
(ii) access to the mechanic certification process.
(F) The level of engagement between the FAA and high school aviation maintenance programs with respect to developing curricula that assist with building foundational knowledge and skills necessary to attain FAA mechanic certifications and associated ratings.
(G) Any barriers to accessing the general knowledge test described in section 65.71(a)(3) of such title 14.
(H) Whether allowing mechanic certificate applicants to take the general knowledge test prior to such applicants meeting the relevant experience requirements would present a safety risk.
(I) Whether regulatory changes could reduce any barriers described in this paragraph.
(b) Report.—Not later than 2 years after the date of enactment of this section, the Comptroller General shall provide to the Administrator and the appropriate committees of Congress a report and briefing on the findings of the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Comptroller General deems appropriate.
SEC. 504. Military aviation maintenance technicians rule.
(a) Streamlined certification for eligible military maintenance technicians.—Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that revises part 65 of title 14, Code of Federal Regulations, to—
(1) create a military mechanic written competency test; and
(2) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a mechanic certificate with airframe or powerplant ratings; and
(3) 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 (in this section referred to as a “DME”) for eligible military maintenance technicians.
(b) Aeronautical knowledge subject areas.—
(1) IN GENERAL.—The military mechanic written competency test and Airman Certification Standard described in subsection (a) shall focus on the aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards, as appropriate to the rating sought.
(2) IDENTIFICATION OF SUBJECT AREAS.—The aeronautical knowledge subject areas shall be identified and recommended to the Administrator, in consultation with industry stakeholders, through the FAA Aviation Rulemaking Advisory Committee Airman Certification System Working Group.
(c) Expansion of testing locations.—Not later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing, as well as how to implement such expansion.
(d) Outreach and awareness.—Not later than 1 year after the date of enactment of this section, 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—
(1) the services made available by the JSAMTCC; and
(2) the military mechanic written competency test established under subsection (a).
(e) Report.—Not later than 180 days after the date on which the Administrator issues the final rule under subsection (a), the Administrator shall submit 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 report on the activities carried out under this section, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.
(f) Eligible military maintenance technician defined.—For purposes of this section, the term “eligible military maintenance technician” means an individual who is a current or former maintenance technician who was honorably discharged or has retired from the United States Armed Forces (as defined in section 101 of title 10, United States Code) and meets the following requirements:
(1) The individual presents an official United States Armed Forces record confirming that the individual is or was a military aviation maintenance technician, holding an appropriate Military Occupational Specialty (MOS) Code, as determined by the Administrator, in coordination with the Secretary of Defense.
(2) The individual presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations.
SEC. 505. Prohibition of remote dispatching.
(a) Amendments to prohibition.—
(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 new paragraph:
“(10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier; or”.
(2) REGULATIONS.—Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations requiring persons and air carriers to comply with paragraph (10) of section 44711(a) of title 49, United States Code (as added by paragraph (1)).
(3) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this section, without regard to whether the regulations required by paragraph (2) have been promulgated as of that date.
(1) IN GENERAL.—Chapter 447 of title 49, United States Code, as amended by section 304(a), is amended by adding at the end the following new section:
“(a) In general.—Each air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times.
“(b) Requirements.—An air carrier shall ensure that each dispatch center and flight following center of the air carrier—
“(1) 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;
“(2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and
“(3) 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.
“(1) IN GENERAL.—Subject to 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) EMERGENCY AUTHORITY.—In the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.”.
(2) CLERICAL AMENDMENT.—The analysis for chapter 447 of such title, as amended by section 304(b), is amended by inserting after the item relating to section 44744 the following:
“44746. Aircraft dispatching.”.
SEC. 506. 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.
(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 new subsection:
“(f) 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. 507. Crewmember self-defense training.
Section 44918(a) of title 49, United States Code, is amended—
(1) in paragraph (1), by inserting “and unruly passenger behavior” before the period at the end;
(A) by striking subparagraph (A) and inserting the following:
“(A) Recognize suspicious behavior and activities and determine the seriousness of any occurrence.”;
(B) in subparagraph (D), by inserting “, including training to defend against the use of edged or contact weapons” before the period at the end;
(C) by striking subparagraph (H) and inserting the following:
“(H) De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee.”;
(D) by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and
(E) by inserting after subparagraph (H) the following:
“(I) Methods to subdue and restrain an active attacker.”;
(3) by striking paragraph (4) and inserting the following:
“(4) MINIMUM STANDARDS.—Not later than 180 days after the date of enactment of the FAA Reauthorization Act of 2023, 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 for recurrent training; and
“(B) the individuals or entities providing such training.”;
(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
(B) in the second sentence, by inserting “, including self-defense training expertise and experience” before the period at the end; and
(5) 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. 508. Improving apron safety.
(a) Study and report on engine ingestion zone and jet blast zone accidents.—
(1) STUDY.—The Administrator shall conduct a study on ways to minimize or eliminate engine ingestion zone and jet blast zone accidents, including through—
(A) improving markings on the apron 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;
(B) incorporating markings on aircraft to indicate the engine inlet danger zone, using hazard warning stripes, decals, or other measures;
(C) limiting ground service personnel access to an aircraft until the engines of the aircraft are no longer running, the beacon on top of the aircraft has been turned off, the individual blades of the engine fan can be observed, and there is a notification from the flight deck crew confirming the engines are off (including the time for cool down, particularly for engines with low ground clearance);
(D) improving aircraft engine design to prevent or minimize engine ingestion, such as the use of stationary inlet guide vanes or engine guarding;
(E) improving the use of or requirements for Auxiliary Power Units (APUs) or electrical systems maintenance or incorporating changes to other systems or apron operation procedures to eliminate or minimize the length of time an aircraft engine runs (or be permitted to run) while the aircraft is at the gate or stopped on the ground; and
(F) improving communication devices and requirements for operable radios and headsets.
(2) REPORT.—Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislative or administrative action as determined appropriate by the Administrator.
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator may, as appropriate, develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews (including supervisory employees) that includes information on—
(A) the specific dangers and consequences of entering engine ingestion or jet blast zones;
(B) proper protocols to avoid entering an engine ingestion or jet blast zone; and
(C) 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.
(2) TRAINING REGULATIONS.—Not later than 180 days after the publication of the training and related educational materials described in paragraph (1), the Administrator may promulgate regulations to require any new, transferred, or current (as of the date of enactment of this section) employee of the FAA to receive the relevant engine ingestion and jet blast zone hazard training before such employee may perform work on the apron.
SEC. 509. Aviation Medical Innovation and Modernization Working Group.
(a) In general.—Not later than 120 days after the date of enactment of this section, the Administrator shall establish the Aviation Medical Innovation and Modernization Working Group (in this section referred to as the “Working Group”) and appoint members of the Working Group in accordance with subsection (b).
(A) FEDERAL AIR SURGEON.—The Federal Air Surgeon shall be a member of the Working Group and shall be the Chair of the Working Group.
(B) SENIOR AVIATION MEDICAL EXAMINERS.—In addition to the Federal Air Surgeon, at least 8 members of the Working Group shall be individuals who are Senior Aviation Medical Examiners.
(C) OTHER MEMBERS.—In addition to the Federal Air Surgeon and the members appointed under subparagraph (B), the remaining members shall be licensed medical physicians with substantial expertise in—
(i) aerospace medicine;
(ii) psychological medicine;
(iii) neurological medicine;
(iv) cardiovascular medicine; or
(D) PREFERENCE IN APPOINTMENTS.—The Administrator shall give preference to appointing members of the Working Group who are Aviation Medical Examiners or licensed medical physicians who have demonstrated research and expertise in aviation medical issues.
(E) USE OF SUBGROUPS.—The Working Group Administrator may use subgroups to develop the recommendations under subsection (c).
(c) Recommendations.—The Working Group shall develop a report that includes recommendations with respect to the following areas:
(1) Evaluation of the conditions an Aviation Medical Examiner can issue (CACI).
(2) Improvements and reforms to the Special Issuance process, including whether, after initial medical certification by the FAA, renewals can be based on a medical evaluation and treatment plan by a pilot’s treating medical specialist with concurrence from the pilot’s Aviation Medical Examiner.
(3) Development of an online medical portal administered by the FAA that—
(A) adheres to cybersecurity protections and protocols;
(B) authorizes Aviation Medical Examiners, pilots, or their designee, to securely share medical records;
(C) provides timely updates for a pilot’s medical application and improves return to flying timelines;
(D) provides pilots with the ability to submit additional information requested from the FAA;
(E) includes the method to contact the reviewing office; and
(F) such other requirements as the Working Group may recommend.
(4) The use of technologies to address forms of red-green color blindness for pilots.
(5) Improvements to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder protocols.
(6) Improvements to neurology protocols, specifically, stroke, head injury, and known loss of consciousness.
(7) Improvements to FAA mental health protocols, including, but not limited to, mental health conditions such as depression and anxiety, the use of medications for treating mental health conditions, and neurocognitive testing rules and applicability.
(d) Report.—Not later than 1 year after the date on which the Working Group is established—
(1) the Working Group shall submit the report developed in accordance with subsection (c) to the Administrator, along with recommendations for such legislation and administrative action as the Working Group determines appropriate; and
(2) the Administrator shall submit such report and recommendations to the appropriate committees of Congress.
(e) Actions by the Administrator.—The Administrator may take such action as the Administrator determines appropriate to implement the recommendations in the report under submitted under subsection (d).
(f) Exemption from the Federal Advisory Committee Act.—Chapter 10 of title 5, United States Code, shall not apply to the Working Group.
(g) Sunset.—The Working Group shall terminate on the date on which the Working Group submits the report required by subsection (d).
SEC. 510. 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 obtain industry recommendations on maintaining and updating Airman Certification Standards.
(b) Duties.—In carrying out its activities, the Working Group shall—
(1) ensure that testing remains correlated and corresponds to current regulations, procedures, equipment, aviation infrastructure, and safety trends;
(2) work with industry to solicit recommendations on airman certification and testing, including new, and revisions to existing, Airman Certification Standards guidance documents and airman tests; and
(3) ensure other tasks carried out by the Working Group are addressed and completed in a timely and efficient manner.
SEC. 521. Air traffic control staffing standards.
(a) FAA air traffic control staffing standards.—The Administrator shall complete the requirements of subsection (b) and implement revisions to the FAA Certified Professional Controller (in this section referred to as “CPC”) operational staffing targets, in consultation with appropriate stakeholders including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code, by September 30, 2024.
(b) National Academy of Sciences study.—
(1) STUDY.—Not later than 30 days after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the “National Academies”) under which the National Academies will conduct a study of the methodology used by the Collaborative Resource Workgroup (in this subsection referred to as “CRWG”) to determine CPC operational staffing targets needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system.
(2) CONTENTS.—The study required by paragraph (1) shall include the following elements:
(A) A review of similarities and discrepancies between methodologies used to develop the CRWG CPC operational staffing targets and the staffing targets developed by the FAA as reflected by the staffing standards used in the 2023 Controller Workforce Plan.
(B) An examination of the discrepancies between the CRWG CPC staffing targets and the FAA-developed CPC staffing standards used in the 2023 Controller Workforce Plan that contribute to a significant divergence in operational staffing headcounts (including with respect to CPCs, CPCs-in-training at new facilities, and trainees), CPC staffing targets, and staffing needs for air traffic controllers between fiscal year 2027 and fiscal year 2032 to ensure the safe and efficient operation of the national airspace system.
(i) air traffic in the airspace of each air traffic control facility operated by the FAA;
(ii) air traffic controller position utilization;
(iii) attrition rates at each air traffic control facility operated by the FAA; and
(iv) the time needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system.
(D) For each air traffic control facility operated by the FAA, a description of—
(i) the current CPC staffing levels;
(ii) the operational staffing targets for CPCs;
(iii) the anticipated CPC attrition for each of the next 3 years; and
(iv) the number of CPC trainees.
(E) An examination of the FAA’s current and estimated budgets and funding needed to implement the CRWG CPC operational staffing targets and needs in comparison to such funding needed to implement the staffing standards developed by the FAA as reflected in the 2023 Controller Workforce Plan.
(F) An analysis of the recommendations included in Transportation Research Board Special Report 314, titled “The Federal Aviation Administration’s Approach for Determining Future Air Traffic Controller Staffing Needs” that have not yet been addressed or implemented by the Administrator.
(G) Recommendations for further action by the Administrator, as appropriate, to—
(i) address operational staffing requirements to meet facility operational, statutory, and contractual requirements; and
(ii) provide fulsome air traffic controller staffing to ensure the safe and efficient operation of the national airspace system, including the integration of new users, technologies, and procedures.
(3) CONSULTATION.—In conducting the study required by paragraph (1), the National Academies shall consult with—
(A) Federal Government and industry representatives;
(B) the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and
(C) other parties determined appropriate by the National Academies.
(A) TO THE ADMINISTRATOR.—Not later than 180 days after the date of enactment of this section, the National Academies shall submit to the Administrator a report on the results of the study required by paragraph (1), together with recommendations determined appropriate by the National Academies.
(B) TO CONGRESS.—Not later than 180 days after the date on which the National Academies submits the report under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing—
(i) the results of the study required by paragraph (1);
(ii) the report submitted by the National Academies, including the recommendations of the National Academies; and
(iii) the Administrator's implementation action required by subsection (a).
(c) Revisions to the controller workforce plan.—Section 44506(e) of title 49, United States Code is amended—
(A) by inserting “Collaborative Resource Workgroup (CRWG)” before “staffing standards”; and
(B) by striking “the number of air traffic controllers needed” and inserting “the number of fully certified air traffic controllers needed”;
(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(3) by adding after paragraph (1) the following new paragraph:
“(2) for each air traffic control facility operated by the Federal Aviation Administration—
“(A) the current certified professional controller staffing levels;
“(B) the Collaborative Resource Workgroup (CRWG) 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;”.
(d) Effective date.—The amendments made by subsection (c) shall take effect and apply to any reports submitted pursuant to section 44506(e) of title 49, United States Code, for each Controller Workforce Plan submitted after September 30, 2024.
SEC. 522. FAA Workforce review audit.
(a) In general.—Not later than 90 days after the date of enactment of this section, the Inspector General of the Department of Transportation shall initiate an audit of any FAA workforce plans related to aviation safety completed during the past 5 fiscal years.
(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 timeframe specified in subsection (a);
(2) review FAA workforce gaps in safety-critical and senior positions, including the average vacancy period of such positions during the latest fiscal year;
(3) review whether existing FAA workforce development programs are producing intended results, such as increased recruitment and retention of agency personnel; and
(4) evaluate the extent to which the FAA leverages its direct hire authority to recruit subject matter experts and other technical personnel to fill key senior and technical positions.
(c) Report and recommendations.—
(1) INSPECTOR GENERAL REPORT.—Not later than 1 year after the date of enactment of this section, the Inspector General shall submit to the Administrator and the appropriate committees of Congress a report on the results of the audit conducted under subsection (a), together with recommendations for such legislative and administrative action as the Inspector General determines appropriate.
(2) CONGRESSIONAL BRIEFING.—Not later than 90 days after receiving the report under paragraph (1), the Administrator shall provide a briefing to appropriate committees of Congress on—
(A) the Administrator’s response to the recommendations of the Inspector General contained in such report; and
(B) any plans of the Administrator for the implementation of such recommendations.
SEC. 523. Direct hire authority utilization.
(a) In general.—Section 40122 of title 49, United States Code, is amended by adding at the end the following:
“(k) Direct hire authority.—The Administrator of the Federal Aviation Administration shall utilize existing direct hire authority to expedite the hiring process and hire individuals on a non-competitive basis for safety critical and safety technical positions related to aircraft certification and aviation safety more broadly to maintain the gold standard of aviation safety and, as necessary, fulfill any gaps identified in workforce reviews at the Federal Aviation Administration.”.
(b) Congressional briefing.—Not later than 180 days after the date of enactment of this section, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the status of—
(1) utilization of the direct hire authority described subsection (k) of such section 40122, as added subsection (a); and
(2) the number of employees hired under such authority, the relevant line of business to which such employees were hired, and the occupation type of the positions filled.
SEC. 524. Staffing model for aviation safety inspectors.
(a) In general.—Not later than October 1, 2024, the Administrator shall review and revise as necessary the staffing model for aviation safety inspectors.
(1) CONSIDERATION OF PRIOR STUDIES AND REPORTS.—In revising the model, the Administrator shall take into consideration the recommendations outlined in the following:
(A) The 2006 report released by the National Research Council entitled “Staffing Standards for Aviation Safety Inspectors”.
(B) The 2007 study released by the National Academy of Sciences entitled “Staffing Standards for Aviation Safety Inspectors”.
(C) The 2013 report released by Grant Thornton LLP, entitled “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 entitled “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) SERVICE AND OFFICE STAFFING LEVEL.—The model will project staffing at the service and office level and require managers to use the model as part of the resource assessment for aviation safety inspector resources.
(3) ATTRITION.—The aviation safety inspector staffing model will take into consideration forecasted attrition.
(4) CONSULTATION.—In revising the model, 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. 525. Safety critical staffing.
(a) Implementation of staffing standards for safety inspectors.—Upon completion of the revised staffing model for aviation safety inspectors under section 524, 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 such model determines are required to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service per fiscal year as appropriate, provided that such staffing increases shall be measured relative to the number of persons serving in safety critical positions as of September 30, 2023. Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations.
(b) Safety critical positions defined.—In this section, the term “safety critical positions” means—
(1) aviation safety inspectors, aviation safety specialists (1801 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 series), safety technical specialists, and operational support positions in the Aircraft Certification Service.
SEC. 526. Instrument landing system installation.
(a) In general.—Section 44502(a)(4) of title 49, United States Code, is amended by adding at the end the following:
“(C) INSTALLATION.—The Administrator shall expedite the installation of at a minimum 15 instrument landing systems (referred to in this subparagraph as ‘ILS’) in the national airspace system by January 1, 2025, by utilizing the existing ILS contract vehicle and the Federal Aviation Administration workforce.”.
(b) Expedited installation of ILS equipment.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator shall initiate action to utilize the existing instrument landing systems (referred to in this subsection as “ILS”) contract vehicle and FAA employees in facilitating the expedited installation of ILS equipment into the national airspace system. In carrying out this subsection, the Administrator shall—
(A) incorporate lessons learned from the installations under section 44502(a)(4) of title 49, United States Code;
(B) record metrics of cost and time savings of expedited installations; and
(C) consider opportunities to further develop ILS technical expertise among the FAA workforce.
(2) CONSIDERATIONS.—During the implementation planning to carry out this subsection and subparagraph (C) of section 44502(a)(4) of title 49, United States Code, as added by subsection (a), the Administrator shall consider the cost-benefit analysis of utilizing the existing ILS contract vehicle, the FAA workforce, or both, to accelerate the installation and deployment of procured equipment.
(3) REPORT TO CONGRESS.—Not later than June 30, 2025, the Administrator shall report to the appropriate committees of Congress on the ILS installation results, near-term ILS installations planned, and shall outline the FAA’s approach 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. 527. Aviation Certification Fellowship Program.
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall establish within the FAA a program to be known as the “Aviation Certification Professional Fellowship Program” (in this section referred to as the “Program”) to facilitate the assignment of individuals from a private-sector organization to the FAA to serve on a temporary basis in positions relating to aircraft certification.
(B) APPOINTMENTS.—In appointing individuals under the Program, the Administrator shall enter into agreements with private-sector organizations employing such individuals and selected individuals to participate in the Program pursuant to terms and conditions of service determined appropriate by the Administrator.
(C) ACTIONS SUBJECT TO AVAILABILITY OF FUNDS.—Any action taken by the Administrator under this section shall be subject to the availability of appropriations authorized under subsection (e).
(A) GUIDELINES.—The Administrator shall establish guidelines related to the activities and responsibilities of the fellowships under subsection (b).
(B) QUALIFICATIONS.—The Administrator shall prescribe the qualifications required for designation of certification professional fellowships under subsection (b).
(C) AUTHORITY.—In order to carry out the provisions of this section, the Administrator may—
(i) appoint, assign the duties of, and transfer such personnel as may be necessary;
(ii) make appointments with respect to temporary and intermittent services;
(iii) enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41, United States Code;
(iv) accept funds from other Federal departments and agencies to pay for, and add to, activities authorized by this section; and
(v) promulgate such rules and regulations as may be necessary and appropriate.
(b) Special rules for fellowships.—Under the Program, the Administrator shall do the following:
(1) Appoint highly qualified, experienced professionals to advisory positions related to certification that require specialized, unique, or extensive skills in occupations within the FAA, and allow such professionals to occupy specialty or hard-to-fill positions that require specialized knowledge of aircraft design, manufacturing, safety, and certification processes.
(2) Allow appointed individuals to be utilized across the aircraft certification spectrum as appropriate.
(3) Open the fellowships to citizens and nationals of the United States.
(4) Limit the term of appointment to up to 1 year with an option to extend for up to an additional year (with no appointment exceeded a total of 2 years).
(5) Reserve the right to terminate individuals participating in the fellowship for any violation of the terms and conditions of service established by the Administrator.
(6) Make clear that any responsibilities of individuals participating in the fellowship program constitute acting in an advisory role for aircraft certification and are subject to conflict-of-interest conditions and FAA supervision and control.
(c) Rules for pay and benefits for individuals employed by private-sector organizations.—An individual employed by a private-sector organization who is participating in the Program at the FAA shall continue to receive pay and benefits from such private-sector organizations and shall not receive pay or benefits from the FAA for the duration of the individual's participation in the Program.
(d) Conflicts of interest.—The Administrator shall implement policies to identify, mitigate, and manage any perceived or actual conflict of interest as a condition of an individual’s participation in the Program. Such policies shall include the following:
(1) A prohibition on an individual participating in the Program from being assigned to a position that has decision-making authority or influence over an application or project submitted to the FAA by the private-sector organization employing such individual.
(2) A requirement that an individual participating in the Program who has access to proprietary or non-public information at the FAA must sign a non-disclosure agreement prohibiting the sharing of such information that is of commercial value with the private-sector organization employing such individual or with other individuals (whether or not employed by such private-sector organization) or organizations, during the period of the individual’s participation in the Program and after the individual's participation in the Program has concluded.
(3) A prohibition on an individual participating in the Program from improperly using pre-decisional or draft FAA information that such individual may be privy to or aware of during, or as a result of, the individual's participation in the Program for the benefit of the private-sector organization employing such individual,
(4) Appropriate post-service limitations for individuals participating in the Program.
(5) Other elements determined appropriate by the Administrator.
(e) Authorization of appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended.
(f) Rule of construction.—Nothing in this section shall be construed as a delegation of authority by the Administrator to individuals participating in the Program.
(g) Program review and report.—
(1) REVIEW.—The Comptroller General of the United States (in this subsection referred to as the “Comptroller General”) shall conduct a comprehensive review of the Program, including the impact of the Program on the FAA’s aircraft certification processes and the presence of any conflicts of interest under the Program.
(2) REPORT.—Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
(h) Sunset.—The Program shall terminate on the date that is 5 years after the date of enactment of this section.
(i) Certified professional defined.—In this section, the term “certification professional” means an individual with expertise and background in a line or field that is concerned with, or likely to improve, the safety certification of aircraft and other airborne objects and systems, including the following:
(1) Aerospace engineering.
(2) Aerospace physiology.
(3) Aeronautical engineering.
(4) Airworthiness engineering.
(5) Electrical engineering.
(6) Human factors engineering.
(7) Software engineering.
SEC. 528. Contract Tower Program air traffic controller training programs.
Section 47124 of title 49, United States Code, is amended—
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d), the following new subsection:
“(e) Air traffic controller training programs.—
“(1) IN GENERAL.—Not later than 180 days after the date of enactment of this subsection, the Secretary shall coordinate with air traffic control contractors to create air traffic controller training programs and shall incorporate the use of such programs into new contracts or the exercise of future options entered into under the Contract Tower Program and the Cost-share Program. Such programs shall allow air traffic control contractors to—
“(A) provide initial training to candidates who do not have a Control Tower Operator certificate or Federal Aviation Administration tower credential; and
“(B) provide training to controllers who have completed an approved Air Traffic Collegiate Training Initiative (AT-CTI) program from an accredited school that has a demonstrated successful curriculum.
“(2) AUTHORITY.—An air traffic control contractor shall be permitted to train controllers under programs established under paragraph (1) notwithstanding section 65.39(a) of title 14, Code of Federal Regulations (as in effect on the date of enactment of this subsection).
“(3) 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 conducting initial testing of, and issuing initial certifications to, air traffic controllers.
“(A) IN GENERAL.—Not later than 3 years after the incorporation of training programs operated by air traffic control contractors under the Contract Tower Program and the Cost-share Program, the Secretary shall conduct a review of such training programs and issue relevant findings. In conducting the review, the Secretary shall identify the degree to which such programs improve workforce development at air traffic control tower facilities staffed through the Contract Tower Program or the Cost-share Program, air traffic control towers staffed by the Federal Aviation Administration, and any related impact such training may have on air traffic controller staffing more broadly.
“(B) REPORT.—Not later than 1 year after the date on which the Secretary initiates the review required by subparagraph (A), the Secretary shall submit a report to the appropriate committees of Congress on the results of the review, along with such recommendations as the Secretary determines appropriate.
“(5) DEFINITIONS.—In this subsection, the term ‘demonstrated successful curriculum’ means an AT-CTI program curriculum with a demonstrated record of graduated students that have enrolled at the FAA Academy and subsequently completed Certified Tower Operator certificates at an 80 percent success rate for a consecutive period of 5 years.
“(6) SUNSET.—The provisions of this subsection shall terminate on September 30, 2028.”; and
(3) in subsection (f) (as redesignated by paragraph (1)), by adding at the end the following:
“(3) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means—
“(A) the Committee on Commerce, Science, and Transportation of the Senate; and
“(B) the Committee on Transportation and Infrastructure of the House of Representatives.”.
SEC. 529. Review of FAA and industry cooperative familiarization programs.
(a) Review.—Not later than 270 days after the date of enactment of this section, the Administrator shall complete a review of options for employees of the FAA whose responsibilities directly relate to certification, to gain or enhance technical expertise, knowledge, skills, and abilities, including subject matter relating to innovative and complex aviation technologies, through cooperative training and visitation with aerospace companies.
(b) Conflicts of interest.—In conducting the review in subsection (a), the Administrator shall ensure that such options for FAA employees would occur on a short-term basis and avoid both conflicts of interest and the appearance of such conflicts pursuant to chapter 131 of title 5, United States Code, chapter 11 of title 18, United States Code, subchapter B of chapter XVI of title 5, Code of Federal Regulations, sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations, and any other regulations as deemed appropriate by the Administrator. The Administrator shall also identify any conflicts with FAA policies relating to FAA employee interactions with industry and determine appropriate obligations of such employees upon returning to the FAA after engaging in relevant cooperative training and visitation.
(c) Considerations.—As part of the review required by subsection (a), the Administrator shall consider the following, provided that such actions satisfy conflicts of interest requirements referred to in subsection (b):
(1) Expanding existing familiarization programs.
(2) Leveraging cooperative training programs to support credentialing and recurrent training activities for FAA employees.
(3) Evaluating the options described in subsection (a) based on the level of experience of participating FAA employees and intended benefits related to such participation.
(d) Report.—Not later than 90 days after completing the review required by subsection (a), the Administrator shall submit a report to the appropriate committees of Congress on the results of the review and relevant recommendations.
SEC. 530. Improved access to air traffic control simulation training.
(a) Access.—The Administrator shall make tower simulator systems (in this section referred to as “TSS”) more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA (in this section referred to as an “ATCT”), regardless of facility assignment, by carrying out the following:
(1) CLOUD-BASED VISUAL DATABASE AND SOFTWARE SYSTEM.—Not later than 30 months after the date of enactment of this section, the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that includes, at a minimum—
(A) every ATCT’s unique runway layout, approach paths, and lines of sight; and
(B) specifications that meet all applicable data security requirements.
(2) UPGRADING TSS.—Not later than 2 years after the date of enactment of this section, the Administrator shall upgrade existing, permanent TSS so that the TSS is capable of, at a minimum—
(A) securely and quickly downloading data from the cloud-based visual database and software system implemented under paragraph (1);
(B) running scenarios for each ATCT involving differing levels of air traffic volume; and
(C) running scenarios for each ATCT involving varying complexities of air traffic (including, but not limited to, aircraft emergencies, rapidly changing weather, issuance of safety alerts, and recovering from unforeseen events or losses of separation).
(3) MOBILE TSS.—Not later than 4 years after the date of enactment of this section, 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 functions described in subparagraphs (A), (B), and (C) of paragraph (2).
(b) Collaboration.—In carrying out the activities under subsection (a), the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code.
SEC. 531. Air Traffic Controller Instructor Pipeline.
(a) In general.—No later than 270 days after the date of enactment of this section, the Administrator shall initiate a study examining the pipeline of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over the 5-fiscal year period beginning with fiscal year 2024.
(b) Contents.—The study required by subsection (a) shall include the following:
(1) 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 Training (CPC-Its).
(2) Whether involving further retired Certified Professional Controllers (CPCs) as instructors, including for classroom training, would produce improvements in air traffic controller instruction and training.
(3) Recommendations on how and where to utilize retired certified professional controllers.
(4) The effect on the ability of active Certified Professional Controllers (CPCs) to carry out on-the-job duties, other than instruction, and any related efficiencies if more retired Certified Professional Controllers (CPCs) were instructors.
(5) The known vulnerabilities, as categorized by FAA Air Traffic Organization regions, where requiring Certified Professional Controllers (CPCs) to provide instruction and training to Certified Professional Controllers in Training (CPC-Its) is a significant burden on FAA air traffic controller staffing levels.
(c) Deadline.—Not later than 2 years after the date on which the Administrator initiates the study required by subsection (a), the Administrator shall brief the appropriate committees of Congress on the results on the study and any actions that may be taken based on such results.
SEC. 532. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes.
(a) Review of the air traffic skills assessment.—Not later than 180 days after the date of enactment of this section, 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:
(1) The Administrator shall 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 pipeline.
(2) The Administrator shall assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment.
(3) The Administrator shall assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce pipeline.
(b) DOT Inspector General report.—Not later than 180 days after the date on which the Administrator completes 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 reviewed AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any recommended actions to be taken to address the results of the report.
SEC. 533. Federal aviation administration academy and facility expansion plan.
(1) IN GENERAL.—No later than 90 days after the date of enactment of this section, the Administrator shall initiate the development of a plan to—
(A) 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; and
(B) establish a second FAA Academy in an area described in paragraph (2).
(2) AREA DESCRIBED.—An area described in this paragraph is a metropolitan statistical area in which each of the following is located:
(A) At least 2 large hub airports.
(B) An FAA Flight Standards District Office
(C) An FAA Certificate Management Office.
(D) An FAA regional headquarters.
(3) 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 Academies;
(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, and whether field training can be administered more flexibly, such as at other FAA locations across the country;
(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 virtual education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers;
(F) the use of existing FAA-owned facilities and classroom space and identifying potential opportunities for new construction;
(ii) establishing a second FAA Academy (as described in paragraph (1)(B));
(H) 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
(I) other logistical and financial considerations as determined by appropriate the Administrator.
(b) Report.—Not later than one year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (a).
(c) 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. 601. AIP eligibility amendments.
Section 47102(3) of title 49, United States Code, is amended—
(B) in clause (x), by striking the period and inserting “; and”; and
(C) by adding at the end the following:
“(xi) a medium intensity approach lighting system with runway alignment indicator lights.”;
(2) by redesignating subparagraphs (Q) and (R) as subparagraphs (S) and (T), respectively;
(3) by redesignating subparagraphs (M) through (P) as subparagraphs (N) through (Q), respectively;
(4) by inserting after subparagraph (L) the following:
“(M) constructing or acquiring airport-owned infrastructure or equipment, notwithstanding revenue producing capability, as defined in subsection (24), required for the on-airport distribution or storage of unleaded aviation gas for use by piston-driven aircraft, including on-airport construction or expansion of pipelines, storage tanks, low-emission fuel systems, and airport-owned and operated fuel trucks providing exclusively unleaded aviation fuels, unless the Secretary determines that an alternative fuel may be safely used for a limited time.”;
(5) by inserting after subparagraph (Q) (as redesignated by paragraph (3)), the following:
“(R) acquiring or installing new renewable energy generation infrastructure (such as solar, geothermal, or wind) that provide power for on-airport uses and energy storage systems, and necessary substation upgrades to support such infrastructure.”; and
(6) by inserting after subparagraph (T) (as redesignated by paragraph (2)), the following:
“(U) initial acquisition (and excluding subsequent upgrades) of an advanced digital construction management system (meaning a computer platform that uses digital technology throughout the life cycle of a capital infrastructure project, including through project phases such as design and construction, when that system is acquired to carry out a project approved by the Secretary under this subchapter.
“(V) reconstructing or rehabilitating an existing crosswind runway provided the sponsor includes reconstruction or rehabilitation of the runway in the sponsor’s most recent approved airport layout plan.”.
SEC. 602. Revised minimum apportionments.
Section 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following:
“(K) MINIMUM APPORTIONMENT FOR COMMERCIAL SERVICE AIRPORTS WITH MORE THAN 4,000 PASSENGER BOARDINGS IN A CALENDAR YEAR.—Not less than $400,000 may be apportioned under subparagraph (A) for each fiscal year to each sponsor of a commercial service airport that had fewer than 8,000 passenger boardings, but at least 4,000 passenger boardings, during the prior calendar year.”.
SEC. 603. Apportionments for transitioning airports.
Section 47114(f)(3) of title 49, United States Code, is amended—
(1) in subparagraph (A), by striking “Beginning with the fiscal year” and inserting “For 3 fiscal years”; and
(2) in subparagraph (B), by striking “fiscal year 2004” and inserting “fiscal years beginning with fiscal year 2024”.
SEC. 604. Updating United States Government’s share of project costs.
(a) In general.—Section 47109 of title 49, United States Code, is amended—
(1) by striking subsection (b) and inserting the following:
“(b) Increased government share.—In any State containing unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) of more than 5 percent of the total area of all lands in the State, the Government’s share of allowable project costs provided in subsection (a) shall be—
“(1) unchanged for a project at a large hub airport in the State; or
“(2) 95 percent for a project at any other airport in the State.”;
(2) by striking subsection (c) and redesignating subsections (d) through (f) as (c) through (e), respectively;
(3) in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following:
“(1) is not a medium or large hub airport; and”; and
(4) by inserting after subsection (e), as so redesignated, the following:
“(f) Special rule for fiscal years 2024 through 2026.—Notwithstanding subsection (a), the Government’s share of allowable project costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2024 through 2026 is 95 percent.”.
(b) Effective date.—The amendments made by subsection (a) shall take effect on October 1, 2023.
SEC. 605. Primary airport designation.
Section 47114(c)(1) of title 49, United States Code, as amended by section 602, is amended by adding at the end the following:
“(L) PUBLIC AIRPORTS WITH MILITARY USE.—Notwithstanding any other provision of law, a public airport shall be considered a nonhub primary airport in fiscal year 2024 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.”.
SEC. 606. 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), by striking the period at the end and inserting “; or”; and
(3) by inserting after paragraph (5), the following:
“(6) not more than $20,00,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title, 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 sponsor’s documented commitment 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 in the next published report under section 47103.”.
(b) Limitation.—Section 47119(f) of title 49, United States Code, is amended by striking “$20,000,000” and inserting “$30,000,000”.
SEC. 607. Alternative-delivery and advance-construction methods pilot program.
Section 47142 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(1) IN GENERAL.—Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish a pilot program under which not less than 5 airport sponsors shall be authorized through the application process under subsection (a) to award a design-build contract for a project that uses alternative-delivery and advance-construction methods, for purposes of evaluating the extent to which such methods expedite project delivery and reduce construction costs.
“(2) REPORT.—Not later than 90 days after the date on which the pilot program ends, the Administrator shall submit to Congress a report on the results of the pilot program, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.”.
SEC. 608. Integrated project delivery.
(a) 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 to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104 of title 49, United States Code.
(1) 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 chapter 471 of such title 49.
(2) 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—
(A) the Secretary approves the application using criteria established by the Secretary;
(B) the integrated project delivery contract is in a form that is approved by the Secretary;
(C) 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;
(D) the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project;
(E) the Secretary is satisfied that there will be no conflict of interest; and
(F) 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.
(c) Reimbursement of costs.—Reimbursement of costs shall be based on transparent cost accounting, also known as open book cost accounting. 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—
(1) the project funding is approved by the Secretary in advance;
(2) the project is carried out in accordance with all administrative and statutory requirements under chapter 471 of such title 49; and
(3) the project is carried out under such chapter after a grant agreement has been executed.
(d) Integrated project delivery contract defined.—In this section, the term “integrated project delivery contract” means a single contract for the delivery of a whole project that—
(1) includes, at a minimum, the owner, builder, and architect-engineer as parties that are subject to the terms of the contract;
(2) aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and
(3) includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.
(e) Expiration of authority.—The authority of the Secretary to award grants under the pilot program under this section shall expire on September 30, 2028.
SEC. 609. 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.—Prior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis. To facilitate the approval process, if a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall—
“(A) be issued within 60 days of the sponsor’s submission of all information required by the Secretary;
“(B) be based upon a collaborative review process that includes the sponsor or sponsor’s representative;
“(C) not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other authority; and
“(D) 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. 610. Airport accessibility.
(a) In general.—Subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47144 the following:
“(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).
“(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) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including—
“(i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or
“(ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit 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).
“(1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and
“(2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, 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) 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 customer 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) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs);
“(D) 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) establish a disability advisory committee, as defined in subsection (h);
“(4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and
“(5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities.
“(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 sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and
“(2) 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 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 the 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 such 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) Funding.—Notwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $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 shall be used by the Secretary to carry out this section for each such fiscal year.”.
(b) Conforming amendment.—The analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47144 the following:
“47145. Pilot program for airport accessibility.”.
SEC. 611. General aviation public-private partnership program.
(a) In general.—Subchapter I of chapter 471 of title 49, United States Code, as amended by section 610(a), is amended by inserting after section 47145, the following
Ҥ 47146. General aviation public-private partnership program
“(a) In general.—The Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at—
“(1) general aviation airports; and
“(2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service.
“(b) Application required.—The operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—
“(1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities;
“(2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and
“(3) if the application is submitted by a community, evidence that the airport supports the application.
“(1) STATE LIMIT.—Not more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a).
“(2) DOLLAR AMOUNT LIMIT.—Not more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a).
“(3) COST SHARE REQUIREMENT.—The Federal cost share for this program shall be no more than 50 percent.
“(d) Priorities.—In selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which—
“(1) the operator or sponsor of the airport, or the community in which the airport is located—
“(A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources;
“(B) will employ best business practices in developing or implementing a public-private partnership; or
“(C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or
“(2) the assistance will be used in a timely fashion.
“(e) Types of assistance.—The Secretary may use amounts made available under this section—
“(1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building or improving hangars, businesses, or other facilities at the airport;
“(2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or
“(3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2).
“(f) Authority to make agreements.—The Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section.
“(g) Funding.—Notwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.”.
(b) Clerical amendment.—The analysis for chapter 471 of such title, as amended by section 610(b), is amended by inserting after the item relating to section 47145 the following:
“47146. General aviation public-private partnership program.”.
SEC. 612. Runway rehabilitation.
The Administrator shall—
(1) not restrict funding to resurface the full length of an existing runway within the State of Alaska based solely on reduced current or forecast aeronautical activity levels or critical design type standards;
(2) within 60 days review requests for runway rehabilitation or reconstruction projects at airports on a case-by-case basis; and
(3) not reject requests for projects with critical community needs, such as projects in rural communities and villages off the road system, or economic development projects to expand a runway to meet new demands.
SEC. 613. 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 “through 2023” and inserting “through 2028”.
SEC. 614. 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 FAA 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) 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 that 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. 615. Solar powered taxiway edge lighting systems.
Not later than 2 years after the date of enactment of this section, the Administrator shall issue an engineering brief describing the acceptable use of durable long-term solar powered taxiway edge lighting systems at basic nonprimary airports (as defined in appendix C of the 2023-2027 National Plan of Integrated Airport Systems published by the FAA on September 30, 2022).
SEC. 616. Additional ground based transmitters.
Notwithstanding any other provision of law, the Administrator is authorized to and shall waive any positive benefit-cost ratio requirement for providing additional ground based transmitters for Automatic Dependent Surveillance–Broadcasts (ADS–B) to provide a minimum operational network in Alaska along major flight routes.
SEC. 617. Automated weather observing systems maintenance improvements.
Section 533 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44720 note) is amended—
(1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and
(2) by inserting after subsection (c), the following:
“(d) Maintenance improvements.—
“(1) IN GENERAL.—Not later than 18 months after the date of enactment of this subsection, the Administrator shall identify and implement reasonable alternative mitigations to improve maintenance of FAA-owned weather observing systems which experience frequent service outages, including associated surface communication outages.
“(2) SPARE PARTS AVAILABILITY.—The mitigations identified by the Administrator shall improve spare parts availability, including consideration of storage of more spare parts in the region of the equipment.
“(3) APPLICATION.—This subsection shall apply only to airports located in non-contiguous States.
“(1) IN GENERAL.—Not later than 18 months after the date of enactment of this subsection, 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.
“(2) APPLICATION.—This subsection shall apply only to airports located in non-contiguous States.”.
SEC. 618. Contract Tower Program.
Section 47124 of title 49, United States Code, as amended by section 528, is amended—
(1) in subsection (b)(3), by adding at the end the following:
“(H) PERIOD FOR COMPLETION OF AN OPERATIONAL READINESS INSPECTION.—The Federal Aviation Administration shall provide airport sponsors that show good faith efforts to join the Contract Tower Program 7 years to complete an Operational Readiness Inspection after receiving a benefit-to-cost ratio.”;
(2) by redesignating subsection (f) as subsection (h);
(3) by inserting after subsection (e), the following:
“(f) Improving situational awareness.—
“(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall allow air traffic controllers at Federal Contract Towers to use technology to improve situational awareness including, but not limited to, using Standard Terminal Automation Replacement System (STARS) radar displays, Automatic Dependent Surveillance-Broadcast (ADS-B), Flight Data Input/Output (FDIOs), and Automatic Terminal Information System (ATIS).
“(2) REQUIREMENTS.—To help facilitate the integration of the equipment described in paragraph (1), the Administrator shall—
“(A) establish a set of standards that ensures safety for use of the equipment described in paragraph (1) for the purpose of increased situational awareness;
“(B) identify multiple approved vendors for such equipment if practicable; and
“(C) partner with contract tower providers to define an appropriate initial training program to ensure that any tower radar displays, ADS-B displays, or other equipment are correctly integrated into Federal Contract Tower operations.
“(1) IN GENERAL.—The Secretary shall consult with industry experts, including air traffic control contractors and aviation insurance professionals, to determine adequate limits of liability for the Contract Tower Program, including during the period described in paragraph (2) with respect to the determination of adequate excess liability insurance under paragraph (2)(B).
“(2) INTERIM STEPS.—During the period that begins on the date of enactment of this subsection and ends on the date the Secretary submits the report required by paragraph (3), the Secretary shall require air traffic control contractors to have adequate excess liability insurance (as determined by the Secretary in consultation with industry experts under paragraph (1)) to ensure resilience should a major accident occur.
“(3) REPORT.—Not later than 6 months after the date of enactment of this subsection, the Secretary shall submit a report to the appropriate committees of Congress on the findings, conclusions, and actions taken and planned to be taken to carry out this subsection.
“(4) APPROPRIATE COMMITTEES OF CONGRESS.—For purpose of this subsection, the term ‘appropriate committees of Congress’ (as defined in subsection (f)(3)) includes the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.”.
(a) In general.—Section 47124 of title 49, United States Code, as amended by sections 528 and 618, is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) (as added by section 725), the following:
“(h) Milestones for design approval of remote towers.—
“(1) 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 structured program and publish milestones to achieve system design approval for a remote tower system.
“(2) REQUIREMENTS.—In carrying out subparagraph (A), the Administrator shall—
“(A) rely on support from the Airports Office 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; and
“(B) not later than September 30, 2024, expand validation and certification of system design approval for a digital or remote tower system to three locations outside of the William J. Hughes Technical Center, as specified in section 161 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note).”.
(b) Conforming amendments.—Section 47124(b) of title 49, United States Code, is amended—
(1) in paragraph (3)(B)(ii), by inserting “or a remote airport traffic control tower that has received System Design Approval (SDA) from the Federal Aviation Administration” after “ an operating air traffic control tower”; and
(2) in each of clauses (i)(III) and (ii)(III) of paragraph (4)(A), by inserting “or remote air traffic control tower equipment that has received System Design Approval (SDA) from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”.
Section 47107(a) of title 49, United States Code, is amended—
(1) in paragraph (7), by striking the semicolon and inserting “, such that there are no unsafe practices or conditions as determined by the Secretary;”;
(2) in paragraph (20), by striking “and” after the semicolon;
(3) in paragraph (21), by striking the period at the end and inserting a semicolon; and
(4) by inserting after paragraph (21), the following:
“(22) the airport owner or operator will require a fixed based operator, which operates at the airport and also operates facilities at 3 or more additional public-use airports where fuel, parking, and other related services are offered to general aviation aircraft, will publicly disclose on a continuous basis all its prices and fees for the use of its services, products, and facilities at the airport and that the disclosure will—
“(A) be made in an open and conspicuous manner;
“(B) be made available at the point of purchase, in print, and on the internet; and
“(C) include all retail, discounted, or other such prices and fees charged and whether such prices and fees are accepted as payment in full for the products, services, and facilities furnished to airport users;
“(23) the airport owner or operator will not impose unreasonable fees for transient aircraft parking that exceed the airport’s cost to operate and maintain the area where such transient aircraft may park; and
“(24) the airport owner or operator will continue to make available to general aviation aircraft all types of fuel, which were available to such aircraft at that airport at any time during calendar year 2022, until the earlier of—
“(A) December 31, 2030; or
“(B) the date on which a replacement for 100 octane Low Lead aviation gas for use by piston-driven aircraft is widely available for use, as determined by the Secretary.”.
SEC. 621. Civil penalties for grant assurances violations.
Section 46301(a) of title 49, United States Code, is amended—
(1) in paragraph (1)(A), by inserting “section 47107(a)(7) (including any assurance made under such section), section 47107(a)(24) (including any assurance made under such section),” after “chapter 451,”; and
(2) by inserting after paragraph (7), the following:
“(8) FAILURE TO OPERATE AND MAINTAIN AIRPORTS AND FACILITIES SUITABLY.—
“(A) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(7) (including any assurance made under such section) committed by a person, including if the person is an individual or small business concern, shall be $25,000.
“(B) In determining the amount of a civil penalty under paragraph (1) related to a violation of section 47107(a)(7) (including any assurance made under such section), the Secretary of Transportation shall take into account any mitigating circumstances at the airport and facilities on or connected with the airport.
“(9) FAILURE TO CONTINUE OFFERING AVIATION FUEL.—Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(24) (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. 622. Community use of airport land.
Section 47107(v) of title 49, United States Code, is amended—
(A) by striking “subsection (a)(13)” and inserting “subsections (a)(13), (b), and (c)”;
(B) by striking “the sponsor has entered” and inserting “the sponsor has—
“(A) entered”;
(C) by striking “market value.” and inserting “market value; or”; and
(D) by adding at the end the following:
“(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.”;
(A) by redesignating subparagraphs (A) through (H) as clauses (i) through (viii), respectively, and moving the left margins of each such clause 2 ems to the right;
(B) by striking “This subsection shall apply only—” and inserting the following:
“(A) AGREEMENTS.—Paragraph (1)(A) shall apply only—”; and
(C) by adding at the end the following:
“(B) RESTRICTIONS.—Paragraph (1)(B) shall apply only—
“(i) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to December 30, 1987;
“(ii) to airport property that has been continuously used for recreational or public park uses since January 1, 1995;
“(iii) if the airport sponsor has provided a written statement to the Administrator that the property to be permanently restricted for recreational and 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 in the future;
“(iv) if the recreational and public park use will not impact the aeronautical use of the airport;
“(v) if the airport sponsor provides a certification that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational or public park use;
“(vi) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502;
“(vii) if the airport sponsor has continuously leased the property since January 1, 1995, to a local government entity to operate and maintain the property at no cost to the airport sponsor; and
“(viii) if the airport sponsor will—
“(I) continue to lease the property to a local government 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 the criteria of section 47502.”; and
(D) by adding at the end the following:
“(4) AERONAUTICAL USE; AERONAUTICAL PURPOSE DEFINED.—
“(A) IN GENERAL.—In this subsection, the terms ‘aeronautical use’ and ‘aeronautical purpose’ 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) INCLUSION OF SERVICES LOCATED ON AN AIRPORT.—Such terms include services located on an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo.
“(C) EXCLUSIONS.—Such terms shall 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 on an airport, such as flight kitchens and airline reservation centers.”.
SEC. 623. 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 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) 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, 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.
(c) 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.
SEC. 624. Clarifying airport revenue use of local general sales taxes.
(a) Written assurances on revenue use.—Section 47107(b) of title 49, United States Code, is amended by adding at the end the following:
“(4) This subsection does not apply to local general sales taxes as provided in section 47133(b)(4).”.
(b) Restriction on use of revenues.—Section 47133(b) of title 49, United States Code, is amended by adding at the end the following:
“(4) LOCAL GENERAL SALES TAXES.—Subsection (a) shall not apply to revenues from generally applicable sales taxes imposed by a local government provided—
“(A) the local government had a generally applicable sales tax that did not exclude aviation fuel in effect prior to December 9, 2014;
“(B) the local government is not a sponsor of a public airport; and
“(C) a large hub airport, which had more than 35,000,000 enplanements in calendar year 2021, is located within the jurisdiction of the local government.”.
SEC. 625. AIP handbook review.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Associate Administrator for Airports of the FAA, in consultation with the Governor of Alaska, shall identify reasonable exceptions to the AIP Handbook to be implemented by the FAA to meet unique regional circumstances and advance the safety needs of airports in Alaska, including with respect to the following:
(1) Snow Removal Equipment Building (SREB) size and configuration.
(2) Expansion of lease areas.
(3) Shared governmental use of airport equipment in remote locations.
(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 locations throughout the State.
(1) IN GENERAL.—Not later than 60 days after the date on which the Associate Administrator for Airports of the FAA identifies reasonable exceptions under subsection (a), the Administrator shall update the AIP Handbook to incorporate such exceptions to meet the unique circumstances and safety needs of airports in Alaska.
(2) CONSULTATION.—The Administrator shall consult with the Regional Administrator of the FAA Alaskan Region prior to issuing the update to the AIP Handbook required by this section.
SEC. 626. PFAS-related resources for airports.
(a) PFAS replacement program for airports.—Not later than 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following:
(1) The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for—
(A) the capacity of all required aircraft rescue and firefighting (ARFF) 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 per- or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to an acceptable fluorine-free agent, including, but not limited to, aqueous film-forming agents currently in fire-fighting equipment, vehicles, and wastewater generated during the cleaning of fire-fighting equipment and vehicles.
(3) Cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to an acceptable fluorine-free agent.
(4) Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent.
(5) Replacement of aircraft rescue and firefighting (ARFF) equipment as determined by the Secretary as necessary to be replaced.
(1) GRANTS TO REPLACE ARFF VEHICLES.—
(A) IN GENERAL.—The Secretary shall reserve up to $30,000,000 of the amounts appropriated to carry out the PFAS replacement program 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 foam, to replace aircraft rescue and firefighting (ARFF) vehicles.
(B) AMOUNT.—No grant made to an eligible airport under subparagraph (A) shall exceed $2,000,000.
(A) DETERMINATION OF NEED.—With respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting (ARFF) equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine—
(i) the total amount of such concentrate required for all of the Federally required aircraft rescue and firefighting (ARFF) vehicles that meet index requirements under part 139 of each eligible airport, in gallons; and
(ii) the total amount of nationwide firefighting foam concentrate, in gallons.
(B) DETERMINATION OF GRANT AMOUNTS.—From the amounts appropriated to carry out the PFAS replacement program that remain after the application of paragraph (1), the Secretary shall make a grant to each eligible airport of the amount equal to the product of—
(i) the amount of such remaining funds; and
(ii) the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii).
(1) 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 fluorine-free foams.
(2) COMPLIANCE WITH APPLICABLE LAW.—All actions related to the acquisition, disposal, and transition to fluorine-free foams, including the cleaning and disposal of equipment, shall be conducted in full compliance with all applicable Federal laws in effect at the time of obligation in order to be eligible for reimbursement under the PFAS replacement program.
(3) GOVERNMENT SHARE.—The Government’s 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 appropriated 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. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam.
(a) In general.—Not later than 180 days after the date of enactment of this section, 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 AC No: 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) Required information.—Each progress report required by subsection (a) shall include the following:
(1) 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 such fluorine-free firefighting foam;
(B) guidance from the Department of Defense on that department's transition 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
(D) timelines for the release of policy and guidance relating to part 139 airport implementation plans for obtaining approved military specification products and firefighting personnel training.
(2) A comprehensive list of the amount of rolling stock of firefighting foam at each part 139 airport as of the date of the submission of the progress report 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 it relates to the use of fluorine-free firefighting foam at such airports.
(4) Such other information as the Administrator determines appropriate.
(c) Progress report termination date.—For purposes of subsection (a), 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) Definition.—In this section, the term “part 139 airport” means an airport certified under part 139 of title 14, Code of Federal Regulations.
SEC. 628. Review of airport layout plans.
(a) 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:
“(b) [Reserved].”.
(b) Airport layout plan approval authority.—Section 47107 of title 49, United States Code, is amended—
(A) by striking subparagraph (B) and inserting the following:
“(B) 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 new subsection:
“(x) Scope of the Secretary's airport layout plan review and approval authority.—
“(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 only review and approve or disapprove those 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.—If only a portion of a project proposed by an airport owner or operator is subject to the Secretary’s review and approval under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project.
“(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 Secretary's review and approval authority, as described in this subsection.
“(B) 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 Secretary’s review and approval authority under subsection (a)(16)(B).”.
SEC. 629. NEPA purpose and need statements.
(a) In general.—To the extent that the FAA is the lead Federal agency for preparation of an environmental impact statement or an environmental assessment under provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) where an action or approval from more than one Federal agency is required, the FAA shall develop its draft purpose and need statement for the project not later than 45 days after—
(1) the submission of the airport sponsor’s appropriately completed proposed purpose and need description; and
(2) any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the FAA.
(b) Assistance.—The Administrator 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 one Federal agency.
SEC. 630. Passenger facility charge streamlining.
(a) In general.—Section 40117 of title 49, United States Code, is amended—
(A) in paragraph (1), by striking “The Secretary” and inserting “Except as set forth in the streamlining process described in subsection (l), the Secretary”;
(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)”;
(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
(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.—The Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose a passenger facility charge 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) 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 30 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, provided that the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) does 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 of title 49, United States Code; or
“(v) includes multimodal components.”;
(D) by striking paragraph (6); and
(E) by redesignating paragraph (7) as paragraph (6).
(b) Rulemaking.—Not later than 120 days after the date of enactment of this section, the Administrator shall commence a rulemaking to implement the amendments made by subsection (a).
(c) Interim guidance.—The interim guidance established in FAA Memorandum “PFC 73-20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports.” (issued January 22, 2020), as modified by subsection (a), shall remain in effect until the effective date of the final rule promulgated under subsection (b).
SEC. 631. Use of passenger facility charges for noise barriers.
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.”.
SEC. 632. Automated weather observing systems policy.
Not later than 60 days after the date of enactment of this section, the Administrator shall establish a process to collaborate with the Director of the National Weather Service to expedite the Automated Surface Observing Systems (ASOS) and the Service Life Extension Program (SLEP) and ensure adequate spare parts and personnel are available for timely response to outages.
SEC. 633. Infrastructure Investment and Jobs Act implementation.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Secretary shall distribute administrative funding to assist States participating in the State block grant program in accordance with 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).
(b) Funding source.—Administrative funds to States under this section shall be distributed from the funds made available in the Infrastructure Investment and Jobs Act 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.
(c) Administrative funds.—With respect to administrative funds made available for fiscal years 2022 through 2026—
(1) the amount of administrative funds available for distribution under subsection (b) 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; 135 Stat. 1416) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program;
(2) administrative funds distributed under subsection (b) shall be used by such States to—
(A) administer and oversee, as outlined in the Memorandum of Agreement or current agreements between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and
(B) carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act; and
(3) except as provided in subsection (d), 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 provides airport grant program funds.
(d) Initial distribution.—With respect to administrative funds made available for fiscal years 2022 and 2023, funds available as of the date of enactment of this section shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment.
SEC. 634. Report on airport notifications.
Not later than 90 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the FAA's progress 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. 635. Coastal airports resiliency study.
(a) Study.—The Administrator shall work with the Administrator of the National Oceanic and Atmospheric Administration and the United States Army Corps of Engineers to identify best practices for, and study the feasibility of, improving resiliency of airports in coastal or flood-prone areas.
(b) Report.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report describing the results of the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Administrator determines appropriate.
SEC. 636. Survey of power distribution capacity.
Section 47140(a) of title 49, United States Code, is amended by inserting “power distribution capacity and location,” after “back-up power,”.
SEC. 637. Study on competition and airport access.
Not later than 180 days after the date of enactment of this section, the Secretary shall report to the appropriate committees of Congress—
(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, but not limited to, New York John F. Kennedy International Airport (JFK) and New York/Newark Liberty International Airport (EWR); and
(2) any additional legal authority the Secretary and the Administrator require in order to make additional slots at JFK and runway timings at EWR available to lower cost passenger air carriers.
SEC. 638. Regional airport capacity study.
(a) In general.—Not later than 90 days after the date of enactment of this section, 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 section) 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 section.
(5) 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) Report.—Not later than 1 year after the date of enactment of this section, 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 18 months after the date of enactment of this section, the Administrator shall 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. 639. Study on autonomous and electric-powered track systems.
(a) Study.—The Administrator shall conduct a study to develop a standard for autonomous and 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) Report.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report detailing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Administrator determines appropriate.
SEC. 640. 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 defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2023–2027 (as published under section 47103 of title 49, United States Code) may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a public airport.
(2) REQUIRED INFORMATION.—In submitting a request under paragraph (1), the privately owned reliever airport shall include the following information:
(A) 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.
(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.
(1) 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 airport's safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources 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) may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for transferring the airport to a public sponsor; and
(B) may not require the airport to obtain a public sponsor.
(c) Reclassification by the Secretary.—
(1) 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 passes the eligibility review performed under subsection (b).
(A) IN GENERAL.—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—
(i) resolves any shortcomings identified in such eligibility review; and
(ii) proves that any necessary corrective action has been completed by the airport.
(B) EVALUATION.—Not later than 60 days after receiving a corrective action plan under subparagraph (A), the Secretary shall grant the reclassification request of any privately owned reliever airport if such airport submit such corrective action plan to the satisfaction of the Secretary.
(d) Effective date.—The reclassification of any privately owned reliever airport under this section shall take effect not later than—
(1) fiscal year 2025 for any request granted under subsection (c)(1); and
(2) fiscal year 2026 for any request granted after the submission of a corrective action plan under subsection (c)(2).
SEC. 641. General aviation airport runway extension pilot program.
(a) In general.—Subchapter I of chapter 471 of title 49, United States Code, as amended by section 611(a), is amended by adding at the end the following new section:
Ҥ 47147. General aviation program runway extension pilot program.
“(a) Establishment.—Not later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase usable the 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.
“(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 to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length.
“(3) 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) of title 49, United States Code; 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).
“(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) 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 this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and
“(3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports.
“(1) IN GENERAL.—For each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.”.
(b) Clerical amendment.—The analysis for subchapter I of chapter 471 of such title, as amended by section 611(b), is amended by inserting after the item relating to section 47146 the following:
“47147. General aviation airport runway extension pilot program.”.
SEC. 701. 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 “2023” and inserting “2028”.
(b) Additional members.—Section 411(b) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended—
(1) in paragraph (3), by striking “and” at the end;
(2) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
“(5) foreign air carriers; and
“(6) nonprofit public interest groups with expertise in disability and accessibility matters.”.
SEC. 702. Unrealistic or deceptive scheduling.
(a) In general.—Section 41712 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(d) Unrealistic or deceptive scheduling.—It shall be an unfair or deceptive practice and an unfair method of competition under subsection (a) for any air carrier or foreign air carrier providing scheduled passenger air transportation to engage in unrealistic or deceptive scheduling of flights, as determined by the Secretary of Transportation subject to an investigation and finding, if any, that an air carrier or foreign air carrier engaged in the unrealistic or deceptive scheduling of flights.”.
(b) Rule of construction.—Nothing in this section shall be construed to limit the authority of the Secretary under section 41712(a) of title 49, United States Code, or the ability of the Secretary to act pursuant to the authority under section 399.81 of title 14, Code of Federal Regulations, with respect to any activity of an air carrier or foreign air carrier that occurred prior to the date of enactment of subsection (d) of section 41712 of such title 49, as added by subsection (a) of this section.
(c) Aviation Consumer Protection Advisory Committee recommendations.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this section, the Secretary shall require the Aviation Consumer Protection Advisory Committee to provide to the Secretary recommendations regarding the types of practices or circumstances that qualify as unrealistic or deceptive scheduling of flights, including whether scheduling flights in light of technological deficiencies or workforce shortcomings that were known to an air carrier or foreign air carrier at the time of such scheduling qualifies as unrealistic or deceptive scheduling.
(2) RULEMAKING.—Not later than 90 days after receiving the recommendations under paragraph (1), the Secretary shall initiate a rulemaking to implement any such recommendations determined appropriate by the Secretary.
(a) In general.—Chapter 423 of title 49, United States Code, is amended by inserting after section 42304 the following:
Ҥ 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 of the passenger, promptly 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—
“(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) 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 request for the refund; or
“(2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund.
“(c) Alternative to refund.—An air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if the offer includes a clear and conspicuous notice of—
“(1) the terms of the offer; and
“(2) the passenger's right to a full refund under this section.
“(d) Significantly delayed or changed flight.—In defining ‘significantly delayed or changed flight’ for purposes of this section, the Secretary shall ensure that such term 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.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.
“(a) In general.—Not later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund.
“(b) Covered entity defined.—In this subsection, the term ‘covered entity’ means—
“(1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and
“(2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.”.
(b) Clerical amendment.—The analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42304 the following:
“42305. Refunds for cancelled or significantly delayed or changed flights.
“42306. Refund Portal.”.
SEC. 704. Airline passenger rights transparency act.
(a) Findings.—Congress finds the following:
(1) Air travel is an essential part of modern life, and passengers have certain rights and protections under the law.
(2) Passengers are often not aware of such rights and protections under the law.
(3) To address this problem, airports, air carriers, and foreign air carriers must provide clear and concise information regarding passenger rights in a manner that is easily accessible and understandable to all passengers.
(b) Transparency requirements.—
(1) CONSUMER COMPLAINTS.—Section 42302 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(f) Notice to passengers on electronic flight itinerary ticket confirmation.—Each air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.”.
(2) KNOW YOUR RIGHTS POSTERS.—
(A) IN GENERAL.—Chapter 423 of title 49, United States Code, as amended by section 703(a), is amended by inserting after section 42306 the following:
“(a) In general.—Each large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) 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;
“(3) bumping of passengers from flights and the oversale of flights; and
“(4) lost, delayed, or damaged baggage.
“(b) Location.—Such posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.”.
(B) CLERICAL AMENDMENT.—The analysis for chapter 423 of title 49, United States Code, as amended by section 703(b), is amended by inserting after the item relating to section 42306 the following:
“42307. Know your rights posters.”.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this section.
SEC. 705. Disclosure of ancillary fees.
(1) IN GENERAL.—In determining whether a practice is an unfair or deceptive practice under section 41712 of title 49, United States Code, with respect to the disclosure of ancillary fees, the Secretary, shall provide air carriers, foreign air carriers, and ticket agents with the flexibility to develop the manner in which such information is transmitted to consumers as long as such information (consistent with the objective of assuring that consumers are provided with useable, current, and accurate information on critical ancillary fees in a format that the consumer can easily compare multiple flight options) is—
(A) presented to the consumer in a reasonable and transparent manner prior to booking; and
(B) displayed in a format that assists the consumer in making more informed decisions.
(2) CRITICAL ANCILLARY FEES DEFINED.—For purposes of paragraph (1), the term “critical ancillary fees” means—
(i) the first and second checked bag of an airline passenger;
(ii) one carry-on bag of an airline passenger;
(iii) changing or canceling a reservation; and
(iv) adjacent seating when traveling with a child that is 13 years of age or younger; and
(B) any other fees for ancillary services that are identified by the Secretary in the rule finalizing the proposed rule published by the Secretary on March 3, 2023, and titled “Enhancing Transparency of Airline Ancillary Service Fees” (88 Fed. Reg. 13389) as being critical to consumers in choosing among air transportation options.
(b) Ticket agents.—The Secretary shall not find that a ticket agent is out of compliance with a requirement in the final rule described in subsection (a)(2)(B) with respect to the disclosure of critical ancillary fees if the Secretary determines that such noncompliance is due to the failure of an air carrier or foreign air carrier to provide the ticket agent with the information required to comply with such requirement.
SEC. 706. 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 easily access information about the status of their flight and any alternative flight options.
(2) During a period of mass cancellations, customers may be unable to easily connect, either in-person or through a toll-free customer service phone number, with a customer service representative of an air carrier.
(3) While many air carriers have robust online and smart phone application chat resources, many customers may not have access to those resources, and customers often have time-sensitive questions that cannot be answered through an automated service or website.
(4) Not all customers of air carriers are able to easily use online and chat resources.
(5) 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) CONSUMER COMPLAINTS.—Section 42302 of title 49, United States Code, as amended by section 704(b), is amended by adding at the end the following new subsection:
“(g) Notice to passengers on electronic flight itinerary ticket confirmation.—Each air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.”.
(2) REQUIREMENT TO MAINTAIN A LIVE CUSTOMER CHAT OR MONITORED TEXT MESSAGING NUMBER.—
(A) IN GENERAL.—Chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after section 42307 the following:
Ҥ 42308. Requirement to maintain a live customer chat or monitored text messaging number
“(1) IN GENERAL.—A covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly.
“(2) PROVISION OF SERVICES.—The services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis.
“(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 provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats.
“(d) 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 (b) 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.”.
(B) CLERICAL AMENDMENT.—The analysis for chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after the item relating to section 42307 the following:
“42308. Requirement to maintain a live customer chat or monitored text messaging number.”.
SEC. 707. Frequent flyer programs and vouchers.
(a) In general.—Chapter 423 of title 49, United States Code, as amended by section 706(b), is amended by inserting after section 42308 the following new section:
“(a) Reduction in benefits.—An air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation.
“(1) INITIAL NOTIFICATION.—Upon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit.
“(2) SUBSEQUENT NOTIFICATION.—Not less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit.
“(c) Definition of frequent flyer program.—In this section, the term ‘frequent flyer program’ means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.”.
(b) Clerical amendment.—The analysis for chapter 423 of such title, as amended by section 706(b), is amended by inserting after the item relating to section 42308 the following:
“42309. Frequent flyer programs.”.
SEC. 708. Airline customer service dashboards.
(1) IN GENERAL.—Chapter 423 of title 49, United States Code, as amended by section 707(a), is amended by inserting after section 42309 the following:
“(a) Requirement to establish and maintain publicly available dashboards.—The Secretary of Transportation (in this section referred to as the ‘Secretary’) 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 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. 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).
“(2) 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.
“(3) 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.
“(b) Bureau of Transportation Statistics.—
“(1) ATCSCC DELAYS.—Not later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new ‘cause of delay’ category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center.
“(2) FAMILY SEATING COMPLAINTS.—Not later than 30 days after the date of enactment of this section, 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.
“(c) Air travel consumer report.—
“(1) ATCSCC DELAYS.—Not later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration 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.—Not later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2).
“(d) Provision of information.—Each large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.”.
(2) ESTABLISHMENT.—The Secretary shall establish each of the online dashboards required by section 42310(a) of title 49, United States Code, not later than 30 days after the date of enactment of this section.
(b) Clerical amendment.—The analysis for chapter 423 of title 49, United States Code, as amended by section 707(b), is amended by inserting after the item relating to section 42309 the following:
“42310. DOT airline customer service dashboards.”.
SEC. 709. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights.
Section 106(g) of title 49, United States Code, is amended by adding at the end the following new paragraph:
“(3) Annually, (and more frequently as needed) 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 following:
“(A) The efforts, activities, objectives, and plans of the Administration in continuing to address ongoing concerns about passenger protections during operational meltdowns of air carriers and foreign air carriers.
“(B) The efforts of the Administration to engage with Congress and the public on issues related to operational meltdowns of air carriers and foreign air carriers.”.
SEC. 710. Enhancing child safety.
(a) In general.—Not later than 2 years after the date of enactment of this section, the Administrator shall issue new or revised guidance that provides testing standards to allow for the use of a child restraint system on a covered aircraft that meets such testing standards, without regard to whether such child restraint system also meets the standards set forth in section 571.213 of title 49, Code of Federal Regulations.
(b) Covered aircraft defined.—In this section, the term “covered aircraft” means an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.
SEC. 711. Codification of consumer protection provisions.
(a) Section 429 of the FAA Reauthorization Act of 2018.—
(1) IN GENERAL.—Section 429 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 note prec.) 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 49; and
(C) by amending the section heading of such section to read as follows:
(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) 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 49; and
(C) by amending the section heading of such section 41728 to read as follows:
“§ 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” 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, is amended by adding at the end the following:
“41727. Passenger rights.
“41728. Airline passengers with disabilities bill of rights.”.
SEC. 712. GAO study on competition and consolidation in the air carrier industry.
(a) 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—
(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 section.
(b) 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 containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
SEC. 713. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards.
(1) IN GENERAL.—The Comptroller General shall study and assess the operational preparedness of air carriers for preparing 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 by 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 air carriers’ operational investments, staffing levels and safety policies, mitigation strategies, and other resiliency planning.
(B) How the FAA oversees air carriers’ operational resilience to storms and natural disasters, as well as changing conditions.
(C) Steps the Federal Government and air carriers can take to improve their operational resilience to storms and natural disasters, as well as changing conditions.
(1) BRIEFING.—Not later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation 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 a report to the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation 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 that term in section 40102 of title 49, United States Code.
SEC. 714. Increase in civil penalties.
(a) In general.—Section 46301(a) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by striking “$25,000” and inserting “$50,000”.
(b) Effective date.—The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment.
(c) Conforming regulations.—The Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).
(a) In general.—Not later than 180 days after the date of enactment of this section, 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.
(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) Young child.—In this section, the term “young child” means an individual who has not attained 14 years of age.
SEC. 716. Establishment of Office of Aviation Consumer Protection.
Section 102 of title 49, United States Code, is amended—
(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 (referred to in this subsection as the ‘Office’) to administer and enforce the aviation consumer protection and civil rights authorities provided to the Department by statute, including those under section 41712—
“(A) to assist, educate, and protect passengers;
“(B) to monitor compliance with, conduct investigations relating to, and enforce, including by taking appropriate action to address violations of, aviation consumer protection, civil rights, and aviation economic requirements; and
“(C) to promulgate, as appropriate, aviation consumer protection and civil rights regulations.
“(2) LEADERSHIP.—The Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (referred to in this subsection as the ‘Assistant Secretary’).
“(3) TRANSITION.—Not later than 180 days after the date of enactment of this subsection, 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. The Department shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and those employees shall be transferred from the Office of the General Counsel as appropriate to the newly established Office of Aviation Consumer Protection. To the extent the Office of the General Counsel retains any attorney or hires any new attorney to advise the newly established Office of Aviation Consumer Protection, those attorneys will be located in the remaining offices within the Office of the General Counsel.
“(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
“(B) the duties and activities of the Office described in subparagraphs (A) through (C) of paragraph (1).
“(5) 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) 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) 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.”.
SEC. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities.
Section 439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended by striking “2023” and inserting “2028”.
SEC. 732. Modernization and improvements to aircraft evacuation.
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, 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.
(A) REQUIREMENTS.—The study required by paragraph (1) shall include—
(i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards;
(ii) 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 those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;
(iii) 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 those who use wheelchairs or other mobility assistive devices, to safely to efficiently evacuate an aircraft;
(iv) the research proposed in National Transportation Safety Board Safety Recommendation A-18-009; and
(v) any other analysis determined appropriate by the Administrator.
(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 safety 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 (the number of passengers relative to the number of seats on board the aircraft) on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(xi) The impact of service animals on the ability of passengers (including such service animals and their handlers) 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 when the Administrator determines that the new aircraft design is significant.
(xiii) Any other factor determined appropriate by the Administrator.
(C) PASSENGERS WITH DISABILITIES DEFINED.—For purposes of this paragraph, 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.—Not later than 180 days after the completion of the study under subsection (a), the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review the findings of the study and 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 the disability community 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 under subsection (a) and developing recommendations regarding the improvement of the evacuation standards, 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 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 recommendations under subsection (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); and
(3) the Administrator's plan, if any, to implement such recommendations.
(d) Rulemaking.—Not later than 90 days after submitting the report to Congress under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator deems appropriate.
SEC. 733. Improved training standards for assisting passengers who use wheelchairs.
(a) Rulemaking.—The Secretary shall conduct a rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who must 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—
(1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for providing aisle chair assistance; and
(2) be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to board or deplane a passenger using an aisle chair or other boarding device:
(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.
(C) How to effectively communicate with, and take instruction from, the passenger.
(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 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;
(3) whether air carriers and foreign air carriers should be required to use their own personnel instead of contractors for boarding passengers with limited or no mobility; and
(4) whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training 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 section, 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. 734. Training standards for stowage of wheelchairs and scooters.
(a) Rulemaking.—The Secretary shall conduct a rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters on aircraft.
(b) Requirements.—The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors—
(1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for handling and stowing wheelchairs and scooters; and
(2) be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to handle or stow a wheelchair or scooter:
(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 assistive device manufacturer.
(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.
(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 wheelchair manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in administering and auditing training; and
(2) whether air carriers and foreign air carriers should require personnel or contractors to use specialized equipment in loading and unloading wheelchairs and scooters.
(d) Final rule.—Not later than 12 months after the date of enactment of this section, 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. 735. Mobility Aids On Board Improve Lives and Empower All Act.
(a) Publication of information related to powered wheelchairs.—
(1) ADVISORY CIRCULAR.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue an advisory circular that provides guidance to air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code) on publishing information related to powered wheelchairs on the website of such carrier, including—
(A) information describing the dimensions of the cargo holds of all aircraft types in the air carrier's fleet, including the dimensions of the cargo hold entry; and
(B) in the case of a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) traveling with a wheelchair (including a power wheelchair, manual wheelchair, or scooter) who has purchased a ticket for a flight from the air carrier but who cannot fly on the existing aircraft because the wheelchair of such qualified individual cannot fit in the cargo hold, information regarding the process for such qualified individual to get a refund of any previously paid fares, fees, and taxes applicable to such flight.
(2) REQUIREMENT.—Not later than 18 months after the date of enactment of this section, each air carrier and foreign air carrier shall be required to publish, on a prominent and easily accessible place on the website of the carrier, the information described in the advisory circular issued under paragraph (1).
(b) Evaluation of data regarding mishandled wheelchairs.—Not later than 6 months after the date of enactment of this section, and annually thereafter, the Secretary shall—
(1) evaluate data (which shall be delineated by type of wheelchair being mishandled, such as power wheelchairs, manual wheelchairs, and scooters, and by type of mishandling, such as damage (including the type of damage, 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, and any other type of damage deemed appropriate by the Secretary), delay, or loss) regarding the frequency of mishandling of wheelchairs (as defined in section 37.3 of title 49, Code of Federal Regulations) occurring on aircraft;
(2) determine whether there are issues with respect to such frequency and type of mishandling; and
(3) review and report any claims for which an air carrier has conclusive evidence of fraud.
(c) Report on mishandled wheelchairs.—Not later than 6 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report (which shall be made publicly available on the website of the Department of Transportation) regarding the results of each such evaluation and determination under subsection (b), including how the Secretary plans to address such results through consultation with air carriers, wheelchair manufacturers, national disability and disabled veterans organizations, and other relevant stakeholders.
(d) Feasibility of in-cabin wheelchair restraint systems.—
(1) ROADMAP.—Not later than 1 year after the date of enactment of this section, 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 (RESNA), 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 Special Report 341; and
(B) sponsor studies that assess issues and considerations, including those set forth in 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) 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 (including power wheelchairs, manual wheelchairs, and scooters) 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) REPORT.—Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.
SEC. 736. Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023.
(a) Annual report.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the appropriate committees of Congress, and shall make each annual report publicly available.
(b) Report.—Each annual report submitted under subsection (a) shall include, but not be limited to, 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 5 most recent calendar years.
(2) The nature of such complaints, such as 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;
(C) the condition or lack of accessibility equipment or materials;
(D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability;
(E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier;
(F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent;
(G) issues experienced by passengers with a disability traveling with a service animal; and
(H) such other issues as the Secretary deems appropriate.
(3) An overview of the review process for such complaints received during such period.
(4) The median length of time for how quickly review such complaints were initiated.
(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, (commonly known as the “Air Carrier Access Act of 1986”)—
(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);
(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 Federal Aviation Administration, were referred to the Federal Aviation Administration.
(1) IN GENERAL.—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 any term defined in such sections that is used in this section.
(2) PASSENGERS WITH A DISABILITY DEFINED.—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. 737. Transportation of organs.
(a) Handling of organs on aircraft.—Not later than 180 days after the date of enactment of this section, the Administrator, in coordination with relevant Federal agencies and stakeholders, shall issue a rulemaking to—
(1) establish a safe, standardized process for a commercial airline's acceptance, handling, management, and transportation of an organ in the cabin of an aircraft;
(2) require each commercial airline to establish a protocol to ensure the safe and timely transport of an organ in the cabin of the aircraft, including through any connecting flight; and
(3) identify metrics regarding the handling of organs by commercial airlines in order to increase transparency and aid the development of best practices and improvement initiatives.
(b) Definition of organ.—For purposes of 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 organ-related tissue.
SEC. 738. Access and Dignity for All People who Travel Act.
(a) Short title.—This section may be cited as the “Access and Dignity for All People Who Travel Act of 2023”.
(b) 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.
(c) Seating accommodations for qualified individuals with disabilities.—
(A) ADVANCED NOTICE OF PROPOSED RULEMAKING.—Not later than 180 days after the date of enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.
(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 seating accommodations for any qualified individual with a disability.
(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 regarding seating accommodations for any qualified individual with a disability.
(2) REQUIREMENTS.—In carrying out any rulemaking under paragraph (1), the Secretary shall consider the following:
(A) The scope and anticipated number of qualified individuals with a disability who—
(i) may need to be seated with a companion to receive assistance during a flight; or
(ii) should be afforded bulkhead seats or other seating considerations.
(B) The types of disabilities that may need seating accommodations.
(C) Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, such a seat.
(D) 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.
(E) Any notification given to qualified individuals with a disability regarding available seating accommodations.
(F) Any method that is adequate to identify fraudulent claims for seating accommodations.
(G) Any other information determined appropriate by the Secretary.
(d) Known service animal user travel pilot program.—
(i) IN GENERAL.—The Secretary shall establish a pilot program to allow approved program participants as known service animal users for the purpose 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.
(II) provide to applicants assistance, including over-the-phone assistance, throughout the application process for the program;
(III) 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; and
(IV) exempt participants of the pilot program from any documentation requirements under part 382 of title 14, Code of Federal Regulations.
(B) CONSULTATION.—In establishing the pilot program under subparagraph (A), the Secretary shall consult with—
(i) disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities are able to live and participate in their communities;
(ii) air carriers and foreign air carriers;
(iii) accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals;
(iv) other relevant departments or agencies of the Federal Government; and
(v) other entities determined to be appropriate by the Secretary.
(C) ELIGIBILITY.—To be eligible to participate in the pilot program under this paragraph, an individual shall—
(i) be a qualified individual with a disability;
(ii) require the use of a service animal because of a disability; and
(iii) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(D) CLARIFICATION.—The Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this paragraph.
(E) NOMINAL FEE.—The Secretary may require an applicant to pay a nominal fee (not to exceed $25) to participate in the pilot program.
(i) PLANNING REPORT.—Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the implementation plan for the pilot program under this paragraph.
(ii) ANNUAL REPORT.—Not later than 1 year after the establishment of the pilot program under this paragraph, and annually thereafter until the date described in subparagraph (G), the Secretary shall submit to the appropriate committees of Congress a publicly available report on the progress of the pilot program.
(iii) FINAL REPORT.—Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available final report that includes recommendations for the establishment and implementation of a permanent known service animal user travel program for the Federal Government.
(G) SUNSET.—The pilot program shall terminate on the date that is 5 years after the date of enactment of this section.
(2) ACCREDITED SERVICE ANIMAL TRAINING PROGRAMS AND AUTHORIZED REGISTRARS.—Not later than 6 months after the date of enactment of this section, the Secretary shall publish on the website of the Department of Transportation and maintain a list of—
(A) accredited programs that train service animals; and
(B) authorized registrars that evaluate service animals.
(3) REPORT TO CONGRESS ON SERVICE ANIMAL REQUESTS.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including—
(A) during the reporting period, how many requests to board an aircraft with a service animal were made; and
(B) the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as—
(i) granted;
(A) 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.
(B) REQUIREMENTS.—The guidance issued under paragraph (1) shall—
(i) take into account respectful engagement with and assistance for individuals with a wide range of visible and non-visible disabilities;
(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
(iii) outline the rights and responsibilities of the handler of the service animal.
SEC. 739. Equal Accessibility to Passenger Portals Act.
(a) Applications and information communication technologies.—
(1) RULEMAKING.—Not later than 6 months after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to ensure that customer-focused websites, applications, and information communication technologies (including those used to notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements), passenger safety information, or in-flight services and updates) of an air carrier, foreign air carrier, or airport are accessible.
(2) FINAL RULE.—Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate a final rule for the purposes described in paragraph (1).
(3) CONSIDERATIONS.—In any rulemaking under this subsection, the Secretary—
(i) the standards described in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and
(ii) the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and
(i) additional standards, including those provided in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium (or subsequent versions); and
(ii) the technical capabilities of the information communication technology.
(4) CONSULTATION.—For purposes of this section, the Secretary may consult with the Architectural and Transportation Barriers Compliance Board and any other relevant department or agency to determine appropriate accessibility standards.
(5) REVIEW.—Not later than 5 years after promulgating the final rule under paragraph (2), and every 5 years thereafter, the Secretary shall review the rules issued under this subsection and update such rules as necessary.
(A) REQUIREMENT.—Not later than 1 year after the date on which the Secretary promulgates the final rule under subsection (a)(2), and subsequently thereafter as described in paragraph (3), the Secretary shall commence an audit of each customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport for the purpose of informing improvements that ensure any individual with a disability has equal access to travel, in accordance with such final rule. Such audit shall be limited to a review of the following:
(i) The accessibility of any customer-focused website or application of an air carrier, foreign air carrier, or airport.
(ii) The accessibility of the information communication technology an air carrier, foreign air carrier, or airport uses to—
(I) notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements); or
(II) provide services to such individual, such as checking in, printing a boarding pass, or printing a luggage tag.
(iii) Other relevant information, as determined by the Secretary in consultation with stakeholders from the disability community, air carriers, foreign air carriers, airports, and other relevant stakeholders.
(B) NOTICE.—Not later than 9 months before commencing any audit under subparagraph (A), the Secretary shall notify any entity being audited and publish in a prominent place on the website of the Department of Transportation and in an accessible manner, information regarding such audit, including—
(i) a notice of the audit;
(ii) the standards that the customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport must meet; and
(iii) the potential civil penalties that may be assessed for noncompliance with such standards.
(2) CLARIFICATION.—The Secretary may—
(A) award a grant or enter into a contract or cooperative agreement in order to carry out the audits required under paragraph (1); and
(B) require any air carrier, foreign air carrier, or airport audited under this section to provide to the Secretary such information as the Secretary requires to carry out any such audit.
(A) LARGE AIR CARRIERS, LARGE HUB AIRPORTS, AND MEDIUM HUB AIRPORTS.—For purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 3 years thereafter with respect to large air carriers, large hub airports, and medium hub airports.
(B) SMALL AIR CARRIERS.—For purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 5 years thereafter with respect to small air carriers.
(c) Report.—Not later than 1 year after commencing any audit under subsection (b), the Secretary shall submit to the appropriate committees of Congress a publicly-available report containing the following:
(1) The number of air carriers, foreign air carriers, and airports audited during the reporting period.
(2) The number of violations per type of operator (air carrier, foreign air carrier, and airport) during the reporting period.
(3) An analysis of the number and type of violations (such as lack of captions, audio descriptions, image descriptions), with such types being at the discretion of the Secretary.
(4) Recommendations for such legislation and administrative action as the Secretary determines appropriate.
(d) Penalties.—Upon completing an audit conducted under subsection (b), the Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier, foreign air carrier, or airport that utilizes a customer-focused website, application, or information communication technology that is not accessible, as determined by the Secretary.
(e) 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) AIRPORT.—The term “airport” has the meaning given that term in section 40102 of title 49, United States Code.
(3) APPLICATION.—The term “application” means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer, or another device, including a device developed after the date of enactment of this section, and that is designed to perform, or to help the user perform, a specific task.
(4) FOREIGN AIR CARRIER.—The term “foreign air carrier” has the meaning given that term in section 40102 of title 49, United States Code.
(5) INDIVIDUAL WITH A DISABILITY.—The term “individual with a disability” has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.
(6) INFORMATION COMMUNICATION TECHNOLOGY.—The term “information communication technology”—
(A) means any equipment, system, technology, or process for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of relevant electronic data and information, as well as any associated content; and
(B) includes a computer and peripheral equipment, an information kiosk or transaction machine, telecommunications equipment, customer premises equipment, a multifunction office machine, software, a video, or an electronic document.
(7) LARGE AIR CARRIER.—The term “large air carrier” means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with 125 passenger seats or more.
(8) LARGE HUB AIRPORT.—The term “large hub airport” has the meaning given that term in section 40102 of title 49, United States Code.
(9) MEDIUM HUB AIRPORT.—The term “medium hub airport” has the meaning given that term in section 40102 of title 49, United States Code.
(10) SMALL AIR CARRIER.—The term “small air carrier” means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with less than 125 passenger seats.
SEC. 740. Store On-board Wheelchairs in Cabin Act.
(1) IN GENERAL.—In the case an aircraft that is required to be equipped with an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations, an air carrier and a foreign air carrier shall provide in a prominent place on a publicly available internet website of the carrier, and in any place where a passenger can make a reservation, information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier, including—
(A) that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of such title 14) with an on-board wheelchair unless an exception described in such section 382.65 applies;
(B) that a qualified individual with a disability 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;
(C) 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 such title 14 in order for the individual to be provided with the on-board wheelchair; and
(D) if the air carrier or foreign air carrier requires the advance notice described in subparagraph (C), information on how a qualified individual with a disability can make such a request.
(2) ANNUAL TRAINING.—An air carrier and a foreign air carriers shall require that all personnel who regularly interact with the traveling public, including contractors, complete annual training regarding assisting qualified individual with a disability, including regarding the availability of accessible lavatories and on-board wheelchairs and such individual's right to request an on-board wheelchair.
(3) PUBLIC AWARENESS CAMPAIGN.—The Secretary shall conduct a public awareness campaign on the rights of qualified individuals with a disability, including with respect to accessible lavatories and such individual's right to request an on-board wheelchair in accordance section 382.65 of title 14, Code of Federal Regulations .
(4) QUALIFIED INDIVIDUAL WITH A DISABILITY DEFINED.—In this subsection, the term “qualified individual with a disability” has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations.
(5) 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 under paragraph (1) or (2).
(b) Increased civil penalties.—
(1) IN GENERAL.—Section 46301(a)(7) of title 49, United States Code, is amended—
(A) in the paragraph heading, by striking “to harm”; and
(i) in the heading, by striking “bodily harm or damage to wheelchair or other mobility aid” and inserting “damage to wheelchair or other mobility aid, bodily harm, or failure to equip aircraft with a wheelchair”; and
(ii) by striking “or injury to a passenger with a disability” and inserting “, injury to a passenger with a disability, or a failure to equip an aircraft with an on-board wheelchair pursuant to section 382.65 of title 14, Code of Federal Regulations (or a successor regulation)”.
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply to flights occurring on or after the effective date of the revision described in subsection (a).
SEC. 741. Essential air service.
(a) Definitions.—Section 41731 of title 49, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
“(a) Eligible place defined.—In this subchapter, the term ‘eligible place’ means a place in the United States that—
“(1) is at least 75 miles from the nearest medium or large hub airport, if within the 48 contiguous states, which shall not be waived;
“(2) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year;
“(3) during the most recent fiscal year had an average subsidy per passenger, as determined by the Secretary, of—
“(A) less than $500 for locations that are less than 175 driving miles from the nearest large or medium hub airport; and
“(B) less than $1,000 for all locations, regardless of driving distance to a hub; and
“(4) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive—
“(A) received essential air service for which compensation was provided to an air carrier under this subchapter; or
“(B) received notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community.”;
(2) in subsection (b), by striking “subsection (a)(1) of this section” and inserting “subsection (a)”;
(3) in subsection (c), by striking “Subparagraphs (B), (C), and (D) of subsection (a)(1)” and inserting “Paragraphs (2), (3), and (4) of subsection (a)”;
(4) in subsection (d), by striking “Subsection (a)(1)(B)” and inserting “Subsection (a)(2)”;
(5) by striking subsection (e) and inserting the following:
“(e) Waivers.—The Secretary may waive, on an annual basis, subsection (a)(2) or subsection (a)(3)(A) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day or has a subsidy higher than $500 per passenger is due to a temporary decline in demand; provided, that the Secretary may not provide more than 2 consecutive waivers of subsection (a)(2) or subsection (a)(3)(A) to any location.”; and
(6) in subsection (f), by striking “subsection (a)(1)(B)” and inserting “subsection (a)(2)”.
(b) Improvements to basic essential air service.—
(1) IN GENERAL.—Section 41732 of title 49, United States Code, is amended—
(A) in subsection (a)(1), by striking “hub airport” and all that follows through “beyond that airport” and inserting “medium or large hub airport”; and
(i) in paragraph (2), by striking “and at prices” and all that follows through the period; and
(ii) by striking paragraphs (3) through (6).
(c) Level of basic essential air service.—Section 41733 of title 49, United States Code, is amended—
(A) by striking subparagraph (B) and inserting the following:
“(B) the contractual, marketing arrangements, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport;”;
(B) by striking subparagraph (C) and redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively;
(C) in subparagraph (D), as so redesignated, by striking “and” after the semicolon;
(D) in subparagraph (E), as so redesignated, by striking the period at the end and inserting “; and”; and
(E) by adding at the end the following:
“(F) service provided in aircraft with at least 2 engines and using 2 pilots.”; 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)(3)”.
(d) Ending, suspending, and reducing basic essential air service.—Section 41734 of title 49, United States Code, is amended—
(A) by striking “An air carrier” and inserting “Subject to subsection (d), an air carrier”; and
(B) by striking “90” and inserting “180”;
(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 of this title for providing basic essential air service to an eligible place is required to continue to provide service to the place under this section after the 180-day notice period under subsection (a) of this section, 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 180-day notice was given under subsection (a) of this section;
“(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) AUTHORITY.—The Secretary may impose contract termination penalties or conditions on compensation 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 180-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 180-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 180-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”.
(e) 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 of such title, are repealed.
(f) Air transportation to noneligible places.—Section 41736 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, are repealed.
(g) 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).
(h) 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, are repealed.
(i) Essential air service authorization.—
(1) IN GENERAL.—Section 41742(a) of title 49, United States Code, is amended—
(A) in paragraph (1), by striking “$50,000,000” and inserting “$154,400,000”;
(B) in paragraph (2), by striking “$155,000,000 for fiscal year 2018,” and all that follows through “2023” and inserting “$335,000,000 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”; and
(C) by striking paragraph (3).
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on October 1, 2023.
(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, are repealed.
(k) Community and regional choice programs.—Section 41745 of title 49, United States Code, is amended—
(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, are repealed.
SEC. 742. Small community air service development grants.
Section 41743 of title 49, United States Code, is amended—
(B) in paragraph (5)(E), by inserting “or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes)” after “terminated”;
(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”;
(B) in paragraph (2), by striking “and” after the semicolon;
(C) in paragraph (3), by striking the period and inserting “; and”; and
(D) by adding at the end the following:
“(4) to provide assistance to an airport where air service has been terminated or substantially reduced.”;
(A) in paragraph (1), by inserting “or the community's current air service needs” after “the project”;
(B) in paragraph (2), by striking “$10,000,000 for each of fiscal years 2018 through 2023” and inserting “$20,000,000 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. 743. GAO study and report on the alternate Essential Air Service program.
(a) Study.—The Comptroller General shall study the effectiveness of the Alternate Essential Air Service program (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. The study shall include an assessment of potential changes to the Alternate EAS program and the basic Essential Air Service programs under section 41731 of title 49, United States Code, wherein Governors of Essential Air Service eligible States and Puerto Rico are given block grants to distribute Essential Air Service funds to Essential Air Service eligible communities in their States and Puerto Rico.
(b) Briefing.—Not later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
SEC. 801. Office of Advanced Aviation Technology and Innovation.
Section 106 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(u) Office of the Associate Administrator for Advanced Aviation Technology and Innovation.—
“(1) ESTABLISHMENT.—There is established in the Federal Aviation Administration the Office of Advanced Aviation Technology and Innovation (in this subsection referred to as the ‘Office’).
“(2) ASSOCIATE ADMINISTRATOR.—The Office shall be headed by an Associate Administrator, who shall—
“(A) be appointed by the Administrator; and
“(B) report directly to the Administrator.
“(3) PURPOSES.—The purposes of the Office are to—
“(A) serve as an entry point for stakeholders to share information with the Federal Aviation Administration on advanced aviation technologies;
“(B) examine the potential impact of advanced aviation technologies on the national airspace system, and methods to safely integrate into the national airspace system;
“(C) work collaboratively with subject matter experts from all lines of business and staff offices to examine advanced aviation technologies and concepts for integration into the national airspace system in an expeditious manner that takes into account acceptable levels of risk;
“(D) lead cross-U.S. government collaborative efforts to develop integrated approaches for the acceleration and deployment of Advanced Technologies;
“(E) provide leadership with regard to internal collaboration, industry engagement, and collaboration with international partners;
“(F) lead cross-FAA integration, planning, coordination, and collaboration in support of the integration of advanced aviation technologies ;
“(G) support the development of safety cases for advanced aviation technologies in coordination with the operational approval office; and
“(H) coordinate and review approval of advanced aviation technologies, including support to and approval of any required rulemakings, exemptions, waivers, or other types of authorizations, as appropriate.
“(4) DUTIES.—The Associate Administrator shall—
“(A) establish, manage, and oversee the Office of Advanced Aviation Technology and Innovation;
“(B) develop and maintain a comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies;
“(C) collaborate with Federal Aviation Administration organizations to identify and develop specific recommendations to address skills gaps in the existing engineer and inspector workforce involved in the certification and operational approval of safety technology;
“(D) coordinate and review, as appropriate, rulemaking activities related to advanced aviation technologies, including by scoping complex regulatory issues, evaluating internal processes, and positioning the Federal Aviation Administration to support aerospace innovation;
“(E) coordinate and review, as appropriate, applications for type, production, or airworthiness certificates, or alternatives to airworthiness certificates, operating and pilot certification, and airspace authorizations, among others, related to advanced aviation technologies;
“(F) coordinate and review, as appropriate, applications for waivers, exemptions and other operational authorizations;
“(G) coordinate and review the implementation of the process required by section 2209 of the FAA Extension, Safety, and Security Act of 2016 (as amended) (49 U.S.C. 40101 note);
“(H) coordinate with the Chief Operating Officer of the Air Traffic Organization and other agency leaders to develop policies to address airspace integration issues at all levels of uncontrolled and controlled airspace;
“(I) implement the BEYOND program and the UAS Test Site Program, among others, and develop other pilot programs in partnership with industry stakeholders and State, local, and Tribal Governments to enable highly automated and autonomous operations of Advanced Technologies unmanned aircraft systems, AAM, and other innovative aviation technologies at scale by providing the data necessary to support rulemakings and other approval processes;
“(J) serve as the designated Federal officer to the Advanced Aviation Technology and Innovation Steering Committee; and
“(K) serve as the Federal Aviation Administration lead for the Drone Safety Team.
“(5) CONGRESSIONAL BRIEFINGS.—Not later than 60 days after establishing the position in paragraph (1), and on a quarterly basis thereafter, the Administrator shall brief the appropriate committees of Congress on the status of—
“(A) implementing the comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies;
“(B) rulemakings, major guidance documents, and other agency pilot programs or initiatives supporting the comprehensive strategy and action plan;
“(C) implementing recommendations from the Advanced Aviation Technology and Innovation Steering Committee; and
“(D) engagement with international aviation regulators to develop global standards for advanced aviation technologies.
“(6) UAS INTEGRATION OFFICE.—Not later than 90 days after the date of enactment of this subsection, the functions, duties and responsibilities of the UAS Integration Office shall be incorporated into the Office.
“(7) DEFINITIONS.—In this subsection:
“(A) AAM.—The term ‘AAM’ has the meaning given the term ‘advanced air mobility’ in section 2(i)(1) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note).
“(B) ADVANCED AVIATION TECHNOLOGIES.—The term ‘advanced aviation technologies’ means technologies for which introduction has potential safety implications and shall include unmanned aircraft systems, powered-lift aircraft, electric propulsion, and super- and hypersonic aircraft.”.
SEC. 802. Advanced Aviation Technology and Innovation Steering Committee.
(a) Establishment.—Not later than 30 days after the date of enactment of this section, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the “Steering Committee”) to ensure the FAA’s comprehensive strategy and action plan for fully integrating unmanned aircraft systems, AAM, and other innovative aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies as reflects the equities and interests of all stakeholders within the agency.
(b) Chair.—The Associate Administrator for Advanced Aviation Technology and Innovation shall serve as the Chair of the Steering Committee.
(c) Composition.—In addition to the Chair, the Steering Committee shall consist of at least 1 senior leader of each of the following FAA offices:
(1) Aircraft Certification Service.
(2) Flight Standards Service.
(3) Air Traffic Organization.
(4) Office of Accident Investigation and Prevention.
(5) Office of Aerospace Medicine.
(7) Office of Commercial Space.
(8) Office of Finance and Management.
(9) Office of NextGen or any successor office.
(10) Office of the Chief Counsel.
(11) Office of Rulemaking.
(12) Office of Policy, International Affairs, and Environment.
SEC. 803. 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:
Ҥ 44811. Beyond visual line of sight operations for unmanned aircraft systems
“(a) In general.—Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the ‘Administrator’) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as ‘BVLOS’) operations.
“(1) IN GENERAL.—Subject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022.
“(2) EXCEPTION.—If the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination.
“(1) IN GENERAL.—Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations.
“(2) REQUIREMENTS.—The final rule described in paragraph (1) shall, at a minimum, do the following:
“(A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted.
“(B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights.
“(C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate.
“(D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which—
“(i) shall not require type or production certification;
“(ii) shall, at least, govern airworthiness of any unmanned aircraft system that—
“(aa) a small unmanned aircraft system; and
“(bb) appropriate for the process described in subparagraph (C), as determined by the Administrator;
“(II) has a maximum gross weight of not more than 1,320 lbs; and
“(III) has a maximum speed of 100 miles per hour; and
“(iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least—
“(I) 400 feet above ground level; or
“(II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit.
“(E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D).
“(F) Establish operating rules for—
“(i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and
“(ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1).
“(3) RULE OF CONSTRUCTION.—Nothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44810 the following:
“44811. Beyond visual line of sight operations for unmanned aircraft systems.”.
SEC. 804. Extending special authority for certain unmanned aircraft systems.
(a) Extension.—Section 44807(d) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “on the date the rules described in section 44811 take effect”.
(b) Clarification.—Section 44807(a) of title 49, United States Code, is amended by inserting “or chapter 447” after “Notwithstanding any other requirement of this chapter”.
(c) Expedited exemptions.—In exercising authority under section 44807 of title 49, United States Code (as amended by subsection (a)), the Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions—
(A) low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or
(B) extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view; or
(2) that are aligned with FAA exemptions that enable beyond visual line of sight operations with the use of acoustics, ground based radar, and other technological solutions.
(d) Clarification of status of previously issued rulemakings and exemptions.—
(1) RULEMAKINGS.—Any rulemaking published prior to the date of enactment of this section under the authority described in 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 September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption.
(3) DELEGATION.—The authority granted to the Secretary in such section 44807 may continue to be delegated to the Administrator in whole or in part.
(4) RULES OF CONSTRUCTION.—Nothing in this section shall be construed to interfere with the Secretary's—
(A) authority to rescind or amend the granting of 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 such section 44807 prior to the date described in subsection (d) of such section.
SEC. 805. Environmental Review and Noise Certification.
(a) National Environmental Policy Act guidance.—Not later than 90 days after the date of enactment of this section, the Administrator shall publish drone-specific environmental review guidance and implementation procedures and thereafter revise such guidance as appropriate to carry out the requirements of this section.
(b) Programmatic level approach to NEPA review.—Not later than 90 days after the date of enactment of this section, 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.) (including regulations promulgated to carry out that Act) for the commercial drone industry to create an efficient process for preparing environmental reviews of reasonably foreseeable drone operations across a geographic region, for an individual operator’s network of drone operations within a defined geographic region, and for operations within and over commercial and industrial sites closed or restricted to the public.
(c) Developing one or more categorical exclusions.—The Administrator shall engage in ongoing consultations with the Council on Environmental Quality to identify actions that are appropriate for a categorical exclusion and shall incorporate such actions in FAA Order 1050.1F, as amended or revised, from time to time, as, and when, deemed appropriate.
(d) Suspension of noise certification requirement pending standards development.—
(1) IN GENERAL.—Upon the date of enactment of this section, and notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for drone models seeking type and airworthiness certification, and shall not deny, withhold, or delay such certification due to the absence of a noise certification basis under such part, provided the FAA has developed appropriate noise measurement procedures for such drone models and the FAA has received the noise measurement results based on those procedures from the applicant.
(2) DURATION.—The suspension provided in this subsection shall continue until such time as the Administrator publishes final noise certification standards for drones as amendments to part 36 of title 14, Code of Federal Regulations, or to another part of title 14 of such Code.
(3) DEADLINE FOR NOISE CERTIFICATION STANDARDS.—Based on drone noise data the Administrator has received in the process of reviewing applications for type and airworthiness certification, in conducting environmental assessments of proposed drone operations under section 44807 of title 49, United States Code, and part 135 of title 14, Code of Federal Regulations, and from other sources, including standards organizations, the Administrator shall propose generally applicable drone noise certification standards, not later than the date that is 36 months after the date of enactment of this section, and following notice and comment rulemaking procedures, and shall publish final noise certification standards not later than 24 months after the date on which the period for public comment on such proposed generally applicable noise certification standards ends.
(e) Drone defined.— In this section, the term “drone” has the meaning given the term “unmanned aircraft” in section 44801 of title 49, United States Code.
(a) Approval process.—Not later than 270 days after the date of enactment of this section, the Administrator shall establish procedures, which may include a rulemaking, to establish a standard approval process for third party service suppliers of UTM in order to fulfill safety functions for Beyond Visual Line of Sight.
(b) ASTM standard.—- In establishing the standard approval process required by subsection (a), the Administrator shall ensure that ASTM International Standard F3548–21, entitled “UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability”, and any future possible revisions as refined and validated by the Administrator in conjunction with stakeholders including the private sector, is included as an acceptable means of compliance.
(1) IN GENERAL.—Not later than 180 days of the date of enactment of this section, the Administrator shall initiate a process, which may include a rulemaking, to define and implement criteria and conditions for the certification and oversight of third party service suppliers of UTM that could have a direct or indirect impact on air traffic services in the national airspace system and require FAA oversight.
(2) CONSIDERATIONS.—In carrying out the certification process described in paragraph (1) the Administrator shall consider the facilitation and streamlining of processes for global recognition and applicability, including through bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements.
(d) Definitions.—In this section:
(1) THIRD PARTY SERVICE SUPPLIER.—The term “third party service supplier” means an entity other than the UAS operator or the FAA that provides a distributed service that affects the national airspace system safety, including UAS Service Suppliers (USS), Supplemental Data Service Providers (SDSPs), and infrastructure providers such as ground-based surveillance, command-and-control and information exchange to another party.
(2) UTM.—The term “UTM” has the meaning given that term in section 44801 of title 49, United States Code.
(3) UAS.—The term “UAS” has the meaning given the term “unmanned aircraft system” in section 44801 of title 49, United States Code.
SEC. 807. Operations over the high seas.
(a) In general.—Not later than 180 days after the date of enactment of this section, and to the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation, the Administrator shall establish and implement an operational approval process to permit small unmanned aircraft systems (as defined in section 44801 of title 49, United States code), and unmanned aircraft systems (as so defined) with a special airworthiness certificate, to operate over the high seas within flight information regions for which the United States is responsible for the operational control.
(b) Consultation.—In establishing and implementing the approval process under subsection (a), the Administrator shall consult with appropriate stakeholders outside of the FAA, including industry stakeholders.
SEC. 808. Extension of the BEYOND program.
(a) In general.—Chapter 448 of title 49, United States Code, as amended by section 803(a), is amended by adding at the end the following new section:
“During the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, as amended by section 803(b), is amended by inserting after the item relating to section 44811 the following:
“44812. BEYOND program.”.
SEC. 809. Extension of the Know Before You Fly campaign.
Section 356 of the FAA Reauthorization Act of 2018 (Pub. Law 115–254; 132 Stat. 3305) is amended by striking “2019 through 2023” and inserting “2024 through 2028”.
SEC. 810. Unmanned aircraft system data exchange.
(a) Data exchange plan.—Not later than 180 days after the date of enactment of this section, the Administrator shall develop and submit to the appropriate committees of Congress a plan to make available data that is prudent to ensure the safe integration of unmanned aircraft systems into the national airspace system. Such plan shall include the following:
(1) A description of technical efforts to digitize and automate aeronautical information (including through the development and use of an unmanned aircraft systems geospatial information management system) to provide an authoritative source of geospatial information to support the operation of unmanned aircraft systems in the national airspace system.
(2) Suggested refinements to standard sets of aeronautical information for current and upcoming unmanned aircraft systems integration efforts to facilitate the exchange of unmanned aircraft systems data that is relevant to the unmanned aircraft systems community.
(3) An identification of sensitive flight data that may require information security controls or protection to safeguard the operational security of such flight activity with respect to air navigation services that contain information about sensitive national security or law enforcement flights.
(4) Means and service fees for the data to be shared consistent with industry standard geospatial formats.
(b) Coordination.—In developing the plan under subsection (a), the Administrator shall—
(1) solicit from the Secretary of the Interior and other departments or agencies, as deemed necessary by the Administrator, information relevant to the safe operation of unmanned aircraft systems in the national airspace system; and
(2) coordinate with unmanned aircraft systems industry and technical groups to identify an efficient and effective format, method, and cadence for providing the required data.
SEC. 811. Unmanned aircraft system detection and mitigation enforcement authority.
(a) In general.—Chapter 448 of title 49, United States Code, as amended by sections 803(a) and 808(a), is amended by adding at the end the following:
Ҥ 44813. Unmanned aircraft system detection and mitigation enforcement
“(1) IN GENERAL.—No person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system.
“(2) ACTIONS BY THE ADMINISTRATOR.—The Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1).
“(3) TERMINATION.—The prohibition under paragraph (1) shall not apply on or after September 30, 2028.
“(b) Penalties.—A person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation.
“(c) Rule of construction.—The term ‘person’ as used in this section does not include—
“(1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or
“(2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1).
“(d) Briefing to Congress.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, as amended by sections 803(b) and 808(b), is amended by inserting after the item relating to section 44812 the following:
“44813. Unmanned aircraft system detection and mitigation enforcement.”.
SEC. 812. Recreational operations of drone systems.
(a) In general.—Section 44809 of title 49, United States Code, is amended—
(1) in subsection (a) by striking paragraph (6) and inserting the following:
“(6) Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in subsection (c)(2), 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 chapter, such as special use airspace designations and temporary flight restrictions.”;
(A) in paragraph (1) by striking “organization conducting a sanctioned event” and inserting “organization sponsoring operations”;
(B) by redesignating paragraph (2) as paragraph (3);
(C) in paragraph (3) (as so redesignated)—
(i) in the paragraph heading by striking “weighing more than 55 pounds” and inserting “weighing 55 pounds or greater”;
(ii) in the matter preceding subparagraph (A), by striking “weighing more than 55 pounds” and inserting “weighing 55 pounds or greater”; and
(iii) in subparagraph (B), by inserting “or (2)” after “paragraph (1)”; and
(D) by inserting after paragraph (1) the following:
“(2) OPERATIONS IN CLASS G AIRSPACE.—Subject to compliance with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions—
“(A) persons operating drones under subsection (a) from a fixed site at which the operations are sponsored by a community-based organization 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; and
“(B) persons operating drones under paragraph (3) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace with prior authorization from the Administrator.”;
(3) in subsection (d) by striking the subsection heading and all that follows through “Nothing in this subsection” and inserting the following:
“(d) Savings clause.—Nothing in this subsection”;
(4) in subsection (f)(1) by striking “updates to the operational parameters” and inserting “the operational limitations”; and
(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 UAS at institutions of higher education.—Section 350 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44809 note) is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
“(2) operated by an elementary school or secondary school for educational or research purposes;”; and
(A) in paragraph (2), in the matter preceding subparagraph (A), by inserting “an elementary school, or a secondary school,” after “institution of higher education,”; and
(B) by adding at the end the following:
“(3) ELEMENTARY SCHOOL.—The term ‘elementary school’ has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(4) SECONDARY SCHOOL.—The term ‘secondary school’ has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”.
(a) In general.—Chapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following:
“(1) 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 test ranges to—
“(A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and
“(B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2023, expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system.
“(A) IN GENERAL.—Subject to subparagraph (B), the designations of test ranges under this section may include the following:
“(i) The 7 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 pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section.
“(ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2023 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process.
“(B) LIMITATION.—Not more than 9 test ranges shall be designated under this section at any given time.
“(3) ELIGIBILITY.—An applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria:
“(A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity.
“(B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator.
“(C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section.
“(D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States.
“(E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process.
“(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, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of—
“(A) accommodating hazardous research, 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) 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 and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection.
“(3) INACTIVE RESTRICTED AREA.—
“(A) IN GENERAL.—In the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency.
“(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 established by the Administrator under this subsection.
“(c) Program requirements.—In carrying out the program under subsection (a), the Administrator—
“(1) may develop operational standards and air traffic requirements for flight operations at test ranges;
“(2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate;
“(3) shall address both civil and public aircraft operations;
“(4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system;
“(5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for—
“(A) developing and enforcing geographic and altitude limitations;
“(B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary;
“(C) developing sense and avoid capabilities;
“(D) developing technology to support communications, navigation, and surveillance;
“(E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; and
“(F) improving privacy protections through the use of advances in unmanned aircraft systems;
“(6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and
“(7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives.
“(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 do the following:
“(1) Provide access to all interested private and public entities seeking to carry out research at the test range, 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 defined in section 3 of the Small Business Act (15 U.S.C. 632)).
“(2) Maintain operational control for all testing activities conducted at its respective test range.
“(3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range.
“(4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner.
“(5) Establish safe operating procedures for all operators approved for testing 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.
“(6) Exercise direct oversight of all operations conducted at the test range.
“(7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety.
“(8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range.
“(9) Maintain detailed records of all ongoing and completed research 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.
“(10) Make all original records available for inspection upon request by the Administrator.
“(11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system.
“(f) Testing.—The Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that—
“(1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and
“(2) the Administrator waives 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), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a).
“(h) Use of Center of Excellence for Unmanned Aircraft Systems.—The Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a).
“(i) Clarification.—Nothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as ‘counter-UAS’) at any test range designated under subsection (a).
“(j) Termination.—The program under this section shall terminate on September 30, 2028.”.
(b) 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”.
SEC. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft.
Section 547 of title V of division F of the Consolidated Appropriations Act, 2023 (Public Law 117–328) is amended by striking “September 30, 2023” and inserting “September 30, 2026”.
SEC. 815. Airport safety and airspace hazard mitigation and enforcement.
Section 44810(h) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “September 30, 2028”.
SEC. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems.
(a) 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 the safe transportation of hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under other authorities, as applicable.
(b) Requirement.—In implementing the authority in 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
(3) the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the likelihood, if any, that such operations will carry small quantities of hazardous materials.
(c) Conformity of hazardous materials regulations.—The Secretary shall make such changes as 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 not be required before the Secretary exercises the authority provided for in this section.
(d) Definitions.—In this section:
(1) HAZARDOUS MATERIALS.—The term “hazardous materials” has the meaning given that term in section 5102 of title 49, United States Code.
(2) UNMANNED AIRCRAFT SYSTEM.—The term “unmanned aircraft system” has the meaning given such term in section 44801 of title 49, United States Code.
SEC. 821. Sense of Congress on FAA leadership.
It is the sense of Congress that—
(1) the United States should take actions to position itself as a global leader in advanced air mobility; and
(2) as such a global leader, the FAA should—
(A) prioritize its work on the type certification of aircraft;
(B) publish in line with its stated deadlines rulemakings and policy necessary to enable commercial operations, such as the powered-lift Special Federal Aviation Regulation (SFAR);
(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.
SEC. 822. Aviation Rulemaking Committee on certification of powered-lift aircraft.
(a) In general.—Not later than 180 days after the date on which the first special class type certificate for powered-lift aircraft is issued, 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 the creation of a standard certification pathway for the certification of powered-lift aircraft.
(1) IN GENERAL.—Not later than 1 year after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee.
(2) CONSIDERATIONS.—In submitting the report under paragraph (1), the Committee shall consider the following:
(A) Broad, outcome-driven safety objectives that will spur innovation and technology adoption and promote the development of performance-based regulations.
(B) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for powered-lift aircraft.
(c) Rulemaking.—Not later than 90 days after the date on which the Committee submits the report to the Administrator under subsection (b), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.
SEC. 823. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects.
(a) In general.—In considering the environmental impacts of a proposed vertiport project on an existing airport, the Administrator shall—
(1) apply an applicable categorical exclusion 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) after consultation with the Council on Environmental Quality, take steps to establish categorical exclusions for vertiports on an existing 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.
(b) Definitions.—In this section:
(1) ADVANCED AIR MOBILITY; AAM.—The terms “‘advanced air mobility’” and “‘AAM’” mean a transportation system that 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, in both controlled and uncontrolled airspace.
(2) VERTIPORT.—The term “vertiport” means a designated location used or intended to be used to support advanced air mobility (AAM) operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for advanced air mobility (AAM) operations.
SEC. 824. Advanced Air Mobility Working Group amendments.
Section 2(f) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note) is amended—
(1) in paragraph (1), by striking “and” at the end;
(2) by redesignating paragraph (2) as paragraph (3);
(3) 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
(4) in paragraph (3), as redesignated by paragraph (2) of this section, by striking “paragraph (1)” and inserting “paragraphs (1) and (2)”.
SEC. 825. Rules for operation of powered-lift aircraft.
(a) Powered-lift aircraft defined.—In this section, the term “powered-lift aircraft” means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. Such term includes, but is not limited to, electric aircraft capable of vertical take-off and landing (eVTOL).
(b) Rulemaking.—Not later than December 31, 2024, the Administrator shall finalize a Powered-Lift Special Federal Aviation Regulation (SFAR) establishing a procedure for certifying pilots and the operation of powered-lift aircraft capable of transporting passengers and cargo.
SEC. 826. International coordination on powered-lift aircraft.
(a) Powered-lift aircraft plan.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this section, the Administrator shall develop a plan to facilitate the ability of the aerospace industry of the United States to efficiently operate powered-lift aircraft and export powered-lift products and articles in key markets globally.
(2) REQUIREMENTS.—The plan developed under paragraph (1) shall include the following:
(A) An assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements so that current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures for powered-lift aircraft, products, and articles.
(B) A description of methods to facilitate the efficient, global acceptance of the FAA approach to certification of powered-lift aircraft, products, and articles.
(C) Any other information determined appropriated by the Administrator.
(b) Coordination with civil aviation authorities.—Not later than 90 days after the plan is developed under subsection (a), the Administrator shall coordinate with international civil aviation authorities in countries that have a bilateral safety agreement and implementation procedure with the United States regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.
(c) Establishment of provisions.—Not later than 2 years after the date of enactment of this section, the Administrator shall establish the mutual processes described in subsection (b).
(d) Powered-lift aircraft defined.—In this section, the term “powered-lift aircraft” means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. Such term includes, but is not limited to, electric aircraft capable of vertical take-off and landing (eVTOL).
SEC. 827. Advanced air mobility propulsion systems aviation rulemaking committee.
(a) In general.—Not later than 1 year after the date of enactment of this section, 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 regulations covering, with respect to small and large type certificated aircraft, the certification and installation of—
(1) electric engines and propellers;
(2) hybrid electric engines and propulsion systems;
(3) hydrogen fuel cells; and
(4) hydrogen combustion engines or propulsion systems.
(b) Considerations.—In providing the findings and recommendations under subsection (a), the Committee shall consider the following:
(1) Broad, outcome-driven safety objectives that will spur innovation and technology adoption, and promote the development of performance-based regulations.
(2) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for advanced air mobility 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 stand alone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.
(c) Report.—Not later than 2 years after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing the findings and recommendations described in subsection (a).
(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 the FAA’s plans in response to the findings and recommendations contained in the report.
(e) Safety cooperation.—The Administrator shall lead efforts to engage with foreign authorities to further harmonize standards for certification and installation of the products described in paragraphs (1) through (4) of subsection (a).
SEC. 901. Advanced materials center of excellence enhancements.
Section 44518 of title 49, United States Code, is amended—
(1) in subsection (a), by striking “under its structure” and all that follows through the period and inserting “through September 30, 2028, under its structure as in effect on March 1, 2023, which shall focus on applied research and training on the safe use of composites and advanced materials in airframe structures. The Center shall also 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. The Administrator shall award grants to the Center within 90 days from the date the Grants Officer recommends a proposal for award to the Administrator.”; 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 Federal Aviation Administration, the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers, and other appropriate stakeholders;
“(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study, which should include all structural materials, such as carbon fiber polymers and thermoplastic composites, and 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) establish criteria for 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 their personal wheelchairs in flight, that takes into account the modeling, engineering, testing, operating, and training issues significant to all passengers and relevant stakeholders.”.
SEC. 902. Center of excellence for unmanned aircraft systems.
(a) In general.—Chapter 448 of title 49, United States Code, as amended by section 811(a), is amended by inserting after section 44813 the following new section:
“SEC. 44814. Center of Excellence for Unmanned Aircraft Systems.
“(a) In general.—During the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the ‘Center’) under the structure of the Center as in effect on January 1, 2023.
“(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 FAA, 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 public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, as amended by section 811(b), is amended by inserting after the item relating to section 44813 the following:
“44814. Center of Excellence for Unmanned Aircraft Systems.”.
SEC. 903. ASSUREd safe credentialing authority.
(a) In general.—Chapter 448 of title 49, United States Code, as amended by section 902(a), is amended by inserting after section 44814 the following new section:
“(a) In general.—Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ‘ASSUREd Safe’) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University.
“(b) Purposes.—The ASSUREd Safe credentialing authority established under subsection (a) 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 to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations;
“(2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and
“(3) any other services determined appropriate by the Administrator of the Federal Aviation Administration.”.
(b) Clerical amendment.—The analysis for chapter 448 of such title, as amended by section 902(b), is amended by inserting after the item relating to section 44814 the following:
“44815. ASSUREd Safe Credentialing Authority.”.
SEC. 904. FAA and NASA advanced aviation technologies pilot program.
(1) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as the “NASA Administrator”), shall establish a pilot program to facilitate the appointment of individuals from NASA to the FAA to serve in temporary technical discipline expert positions relating to advanced aviation technologies (in this section referred to as the “program”).
(2) CONSIDERATIONS.—In developing the program, the Administrator shall consider—
(A) existing mechanisms of collaboration between FAA and NASA relating to aeronautics programs, advisory committees, and work groups;
(B) the degree to which FAA and NASA facilitate partnerships between subject matter experts to support the research and development, testing, and certification of advanced aviation technologies; and
(C) how temporary appointments under the program may be best used to enhance the technical capacity of the FAA and technical partnerships between agencies.
(b) Temporary appointment of NASA personnel.—
(1) TERMS AND CONDITIONS.—The Administrator, in coordination with the NASA Administrator, shall identify qualifying projects or activities at the FAA that would benefit from temporary appointments of highly qualified, experienced professionals under the program to enhance technical capacity, knowledge, skills, and abilities relating to research and development, certification, and the safe deployment of advanced aviation technologies. The Administrator and NASA Administrator shall jointly establish the terms and conditions of service under the program and issue relevant guidelines related to the responsibilities and duration of service of participating NASA personnel. In approving NASA personnel for participation in the program, the NASA Administrator shall certify that the temporary appointment of such personnel shall not have an adverse impact on the post-assignment employment duties of relevant NASA personnel or an undue adverse impact on the mission of the agency.
(2) SPECIAL RULES.—The Administrator shall make clear that any responsibilities of NASA personnel participating in the program constitute serving in temporary technical discipline expert positions at the FAA and are subject to FAA conflict-of-interest policies and supervision.
(3) RULES FOR PAY AND BENEFITS FOR NASA PERSONNEL.—Any individuals employed by NASA who are participating in the program shall continue to receive pay and benefits from NASA and shall not receive pay or benefits from the FAA for the duration of the program.
(c) Authority to transfer and receive resources.—In supporting the participation of NASA personnel, the Administrator and NASA Administrator may authorize the use of NASA technical services, equipment, software, and facilities without reimbursement to facilitate cooperation between agencies under the program.
(d) Program review and report.—
(1) REVIEW.—The Comptroller General shall conduct a comprehensive review of the program that includes evaluation of the impact of the program on improving coordination on projects and sharing of technical expertise between agencies relating to advanced aviation technologies.
(2) REPORT.—Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), along with recommendations for such future action as the Comptroller General determines appropriate.
SEC. 905. 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:
“(1) INITIAL PROGRESS REPORT.—Not later than 1 years after the date of enactment of this subsection, the Administrator 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 those 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) 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 submit to the appropriate committees of Congress an updated report on the progress of the actions described in paragraph (1).”.
SEC. 906. 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) Selection.—In carrying out the program, the Administrator may ensure 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 entity’s submitted technology proposal meets requisite technology readiness levels for entry into the agreement as determined by the Administrator.”.
SEC. 907. Hypersonic flight testing.
(a) In general.—Not later than 2 years after the date of enactment of this section, the Administrator shall establish procedures for permitting manned flights in oceanic airspace and overland flights operating with speeds in excess of Mach 5 and above for the purposes of developmental and airworthiness testing (including demonstration flights 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).
(b) Considerations.—In carrying out subsection (a), the Administrator shall consider—
(1) the provisions of parts 91.817 and 91.818 of title 14, Code of Federal Regulations;
(2) applications for special flight authorizations for flights operating with speeds in excess of Mach 5, as described in such part 91.818;
(3) the environmental impacts of developmental and airworthiness testing operations;
(4) whether to require applicants to include specification of proposed flight areas;
(5) the authorization of flights to and from spaceports and 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 hypersonic operations;
(7) proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressure; and
(8) the safety of the uninvolved public.
SEC. 908. Hypersonic pathway to integration study.
(1) IN GENERAL.—The Administrator shall conduct a study assessing actions necessary to facilitate the safe operation and integration of hypersonic 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 hypersonic aircraft technologies and flight;
(B) the identification, development, and collection of data required to develop certification, flight standards, and air traffic requirements for the deployment and integration of hypersonic aircraft;
(C) the development of a framework and timeline to establish the appropriate regulatory requirements for conducting hypersonic aircraft flights;
(D) strategic plans to improve the FAA’s state of preparedness and response capability in advance of receiving applications to conduct hypersonic aircraft flights; and
(E) a survey of global hypersonic aircraft-related regulatory and testing developments or activities.
(3) CONSIDERATIONS.—In conducting the study under paragraph (1), the Administrator may consider—
(A) the feedback and technical expertise of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe operation and integration of hypersonic aircraft into the national airspace system;
(i) demonstrating United States global leadership in aeronautics, including hypersonic aircraft and related technologies; and
(ii) strengthening global harmonization in aeronautics; and
(C) the development of international policies, regulations, and standards relating to the certification and safe operation of hypersonic aircraft.
(4) CONSULTATION.—In conducting the study under paragraph (1), the Administrator shall consult with representatives from Federal agencies, industry, and other stakeholders, including—
(A) the National Aeronautics and Space Administration;
(B) the Department of Defense;
(C) aircraft manufacturers;
(D) institutions of higher education; and
(E) any other stakeholders the Administrator determines appropriate.
(b) Report.—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 results of the study conducted under subsection (a), together with recommendations to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system.
(c) Definition of hypersonic.—In this section, the term “hypersonic” means an aircraft or flight operating at speeds in excess of Mach 5 and above.
SEC. 909. Operating high-speed flights in high altitude Class E airspace.
(a) Consultation.—Not later than 12 months after the date of enactment of this section, the Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration and relevant stakeholders, including industry and academia, shall identify 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 are inaudible at the surface under prevailing atmospheric conditions.
(b) Rulemaking.—Not later than 2 years after the date on which the Administrator identifies the minimum altitude described in subsection (a), 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 subsection (a) without specific authorizations, provided that such flight operations—
(1) show compliance with airworthiness requirements;
(2) do not cause a measurable sonic boom overpressure to reach the surface; and
(3) have ordinary instrument flight rules clearances necessary to operate in controlled airspace.
SEC. 910. Electric propulsion aircraft operations study.
(a) In general.—Not later than 120 days after the date of enactment of this section, 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.—The study required under subsection (a) shall address—
(1) the technical capacity and competencies needed for the FAA to certify aircraft systems specific to electric aircraft;
(2) the data development and collection required to develop standards specific to electric aircraft;
(3) the regulatory standards and guidance material needed to facilitate the safe operation 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) the airport infrastructure requirements to support electric aircraft operations, including an assessment of—
(A) existing capabilities of airport infrastructure as of the date of enactment of this section;
(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; and
(F) management of infrastructure relating to hazardous materials used in hybrid and electric propulsion; 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) Report to Congress.—Not later than 2 years 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), together with 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. 911. Contract weather observers program.
Section 2306 of the FAA Extension, Safety, and Security Act of 2016 (P.L. 114–190; 130 Stat. 641) is amended by striking subsection (b) and inserting the following:
“(b) Continued use of contract weather observers.—
“(1) IN GENERAL.—Subject to paragraph (2), the Administrator may not discontinue or diminish the contract weather observer program at any airport until September 30, 2028.
“(2) AVAILABILITY OF NEW TECHNOLOGY.—If the Administrator determines that technology has become available that could provide equal or better service than the contract weather observer program, the Administrator may discontinue or diminish the contract weather observer program at any airport earlier than the date specified in paragraph (1), but only if, not later than 180 days before the date on which the Administrator proposes to discontinue or diminish such program at any airport, the Administrator notifies the appropriate committees of Congress of such proposed action and submits information relating to the determination of the availability of such technology and the reasoning for such proposed action.”.
SEC. 912. Airfield pavement technology program.
Using 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 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. 913. National aviation research plan modification.
(a) Modification of submission deadline.—Section 44501(c)(1) of title 49, United States Code, is amended by striking “the date of submission” and inserting “the date that is 45 days after the date of submission”.
(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 45 days after the date of submission”.
SEC. 914. FAA and NASA research and development coordination review.
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as “NASA”) shall conduct a review of aeronautics research and development coordination between Federal agencies and the extent to which NASA and the FAA can improve collaboration in order to leverage each other’s subject matter expertise relating to civil aviation projects.
(2) CONTENTS.—In carrying out the review under paragraph (1), the Administrator shall—
(A) review 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;
(i) the current fiscal year, and the 3 most recent fiscal years, of Federal expenditures for the FAA and NASA’s research and development 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
(C) develop recommendations for the improvement of coordination, collaboration, and efficiency of aeronautics research and development programs to reduce overlap between NASA, the FAA, other Federal agencies, academia, research organizations, standards groups, and industry.
(b) Report.—Not later than 180 days after completing the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on such review, including the recommendations developed under subsection (a)(2)(C).
SEC. 915. Research and development of FAA's aeronautical information systems modernization activities.
(a) In general.—Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the John A. Volpe National Transportation Systems Center, shall carry out a research and development program to assist with the continuous modernization of the FAA’s aeronautical information systems, including, but not limited to—
(1) the Aeronautical Information Management Modernization (AIMM), including the FAA’s Notice to Air Missions (NOTAM) system;
(2) the Aviation Safety Information Analysis and Sharing (ASIAS) system; and
(3) the Service Difficulty Reporting System (SDRS).
(1) REVIEW.—Not later than 180 days after the date of enactment of this section, the Administrator shall 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 FAA’s aeronautical information systems. Such review shall identify opportunities for additional coordination between the FAA and the John A. Volpe National Transportation Systems Center to further modernize such systems.
(2) REPORT.—Not later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator and the appropriate committees of Congress a report on the review conducted under paragraph (1), together with such recommendations as the Center determines appropriate.
SEC. 916. 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 new section:
Ҥ 44520. Center of Excellence for Alternative Jet Fuels and Environment
“(a) In general.—During the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the ‘Administrator’) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the ‘Center’) under its structure as in effect on January 1, 2023.
“(b) Responsibilities.—The Center shall—
“(A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, 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; and
“(2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft.
“(c) 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 with other Federal agencies.
“(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) higher education and research institutions that—
“(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) USE OF NASA FACILITIES.—The Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, 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 is amended by inserting after the item relating to section 44519 the following:
“44520. Center of Excellence for Alternative Jet Fuels and Environment.”.
SEC. 917. Aircraft Noise Advisory Committee.
(a) Establishment.—Not later than 180 days after the date of enactment of this section, 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) Membership.—The Administrator shall appoint the members of the Advisory Committee, which shall be comprised of—
(1) at least 1 representative of each of—
(A) engine manufacturers;
(C) airport owners or operators;
(D) aircraft manufacturers;
(E) advanced air mobility manufacturers or operators;
(F) institutions of higher education; and
(G) the National Aeronautics and Space Administration; 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 (DNL) standard;
(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.
(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) 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 Administrator’s reason for not implementing the recommendation.
(a) Requirements for landing and departing aircraft.—
(1) LANDING AIRCRAFT.—All aircraft landing at Boise Airport (BOI) that will be facing west on the runway when landing on runways 10R and 10L shall travel over a circle on the ground (the center of which is located at 43°37'45.3" N, 116°24'49.3" W, and the radius of which is 2 miles) at an altitude of not less than 5,000 feet when passing over such circle. All aircraft approaching from the west shall fly a straight vector from the above described circle to the Boise Airport (BOI) runway on which it is landing.
(2) DEPARTING AIRCRAFT.—All aircraft departing the Boise Airport (BOI) to the west on runways 28R and 28L shall travel over the circle described in paragraph (1) and in such a manner as the aircraft is at least 5,000 feet in altitude as it passes over the circle. All aircraft departing the Boise Airport (BOI) to the west shall fly a straight vector from the Boise Airport (BOI) runway the aircraft is leaving, to the such circle and only after leaving the circle shall the aircraft change vectors.
(b) Applicability.—Subject to subsection (c), this requirement shall apply to and regulate all entities and persons including, but not limited to the FAA, FAA Employees and their contractors and agents, all branches of the United States Military, air traffic controllers, pilots, co-pilots, and all other persons and entities directing or controlling any aircraft landing at or departing Boise Airport (BOI) in Boise, Idaho. This requirement shall only apply to commercial aviation, military aviation, and general aviation aircraft that weigh 12,500 pounds of maximum takeoff weight or more.
(c) Exception.—This regulation shall not apply during a bono fide safety emergency applicable to a single flight.
(d) Enforcement.—A violation of this section shall be a misdemeanor and violators shall be liable for civil damages.
SEC. 1101. Technical corrections.
(a) 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)”.
(b) Civil penalty.—Section 44704(f) of title 49, United States Code, is amended by striking “subsection (a)(6)” and inserting “subsection (d)(3)”.
(c) Sunset of rule.—Section 44729 of title 49, United States Code, is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (h) as (d) through (g), respectively.
(d) Public disclosure of information.—Section 44735 of title 49, United States Code, is amended—
(A) in the matter preceding paragraph (1), by inserting “, nor by any agency receiving information from the Administrator,” after “Federal Aviation Administration”; and
(B) in paragraph (2), by inserting “or for any other purpose regarding the development and implementation of a safety management system acceptable to the Administrator” before the period at the end; and
(2) by adding at the end the following new subsection:
“(d) Applicability to the National Transportation Safety Board.—This section shall not be construed to limit the National Transportation Safety Board’s accident or incident investigation authority under chapter 11 of this title, including the requirement to not disclose voluntarily provided safety-related information under section 1114.”.
SECTION 1. Short title; table of contents.
(a) 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.
Sec. 101. Airport planning and development and noise compatibility planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Extension of expiring authorities.
Sec. 105. Research, engineering, and development.
Sec. 106. Prevention of duplicate obligation authority.
Sec. 201. Future of NextGen.
Sec. 202. Airspace Innovation Office.
Sec. 203. Commercial Software Options for Improving ASIAS Analytics.
Sec. 204. Authority to use electronic service.
Sec. 211. Safety and efficiency through digitization of FAA systems.
Sec. 212. Report elimination or modification.
Sec. 213. Internal regulatory process review.
Sec. 214. Review and Updates of Categorical Exclusions.
Sec. 301. Independent Study on future state of type certification processes.
Sec. 302. Report on international validation program performance.
Sec. 303. High risk flight testing.
Sec. 304. Recording devices.
Sec. 305. Helicopter safety.
Sec. 306. Review and incorporation of human readiness levels into agency guidance material.
Sec. 307. Service difficulty reports.
Sec. 308. Accountability and compliance.
Sec. 309. Accountability for aircraft registration numbers.
Sec. 310. Aircraft reregistration.
Sec. 311. FAA oversight of repair stations located outside the United States.
Sec. 312. Alcohol and drug testing and background checks.
Sec. 313. Continuous aircraft tracking and transmission for high altitude balloons.
Sec. 314. International engagement.
Sec. 315. Air tour and sport parachuting safety.
Sec. 316. International aviation safety assessment program.
Sec. 317. Changed product rule reform.
Sec. 318. Development of low-cost voluntary ADS-B.
Sec. 319. Public aircraft flight time logging eligibility.
Sec. 320. Safety management systems.
Sec. 321. Aviation safety information analysis and sharing program.
Sec. 322. Consistent and timely pilot checks for air carriers.
Sec. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations.
Sec. 324. Tower marking compliance.
Sec. 325. Administrative authority for civil penalties.
Sec. 326. Civil penalties for whistleblower protection program violations.
Sec. 327. Flight service stations.
Sec. 328. Technical assistance agreements.
Sec. 329. Restoration of authority.
Sec. 330. Tarmac operations monitoring study.
Sec. 331. GAO report on cybersecurity of commercial aviation avionics.
Sec. 332. Securing aircraft avionics systems.
Sec. 333. Maintenance data availability.
Sec. 334. Study on airworthiness standards compliance.
Sec. 335. Fire protection standards.
Sec. 336. Cabin air safety.
Sec. 337. Airport air safety.
Sec. 338. Aircraft interchange agreement limitations.
Sec. 339. Wildfire suppression.
Sec. 340. Study on impacts of temperature in aircraft cabins.
Sec. 341. Part 135 pilot supplemental oxygen requirement.
Sec. 342. Crewmember pumping guidance.
Sec. 343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act.
Sec. 344. Report on the compliance of foreign regulators with Bilateral Aviation Safety Agreements.
Sec. 345. Study on FAA use of mandatory Equal Access to Justice Act waivers.
Sec. 346. Sense of Congress regarding mandated contents of onboard emergency medical kits.
Sec. 347. Passenger aircraft first aid and emergency medical kit equipment and training.
Sec. 348. Runway traffic alerting technology.
Sec. 349. Runway landing safety technology.
Sec. 350. Hawaii Air Noise and Safety Task Force.
Sec. 351. Improved safety in rural areas.
Sec. 352. Alaska aviation safety initiative.
Sec. 353. Reducing turbulence on part 121 aircraft operations.
Sec. 354. Enhanced qualification program for restricted airline transport pilot certificate.
Sec. 355. Reauthorization of the National Transportation Safety Board.
Sec. 401. NextGen accountability task force.
Sec. 402. Use of advanced surveillance in oceanic airspace.
Sec. 403. GPS monitoring pilot program.
Sec. 404. Runway safety technologies.
Sec. 405. Flight profile optimization.
Sec. 406. STARS remote surveillance displays.
Sec. 407. Audit of legacy systems.
Sec. 408. Aeronautical mobile communications services.
Sec. 409. Low-altitude routes for vertical flight.
Sec. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program.
Sec. 411. Extension of enhanced air traffic services pilot program.
Sec. 412. NextGen equipage plan.
Sec. 413. Performance based navigation report and utilization plan.
Sec. 414. Air traffic control facility realignment study.
Sec. 415. Update of FAA standards to allow distribution and use of certain restricted routes and terminal procedures.
Sec. 416. Protection of safe and efficient use of airspace at airports.
Sec. 417. ASOS/AWOS service report dashboard.
Sec. 418. Upgrading and replacing aging air traffic systems.
Sec. 419. Washington, D.C. Metropolitan Area Special Flight Rules Area.
Sec. 501. Aviation workforce development grants.
Sec. 502. Women in Aviation Advisory Committee.
Sec. 503. Study of high school aviation maintenance training programs.
Sec. 504. Military aviation maintenance technicians rule.
Sec. 505. Prohibition of remote dispatching.
Sec. 506. Employee assault prevention and response plan standards and best practices.
Sec. 507. Crewmember self-defense training.
Sec. 508. Improving apron safety.
Sec. 509. Aviation Medical Innovation and Modernization Working Group.
Sec. 510. Airman Certification Standards.
Sec. 511. Airport service workforce analysis.
Sec. 521. Air traffic control staffing standards.
Sec. 522. FAA Workforce review audit.
Sec. 523. Direct hire authority utilization.
Sec. 524. Staffing model for aviation safety inspectors.
Sec. 525. Safety critical staffing.
Sec. 526. Instrument landing system installation.
Sec. 527. Contract Tower Program air traffic controller training programs.
Sec. 528. Review of FAA and industry cooperative familiarization programs.
Sec. 529. Improved access to air traffic control simulation training.
Sec. 530. Air Traffic Controller Instructor Pipeline.
Sec. 531. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes.
Sec. 532. Federal Aviation Administration academy and facility expansion plan.
Sec. 533. Pilot program to provide veterans with pilot training services.
Sec. 534. Biennial reports to Congress on designated pilot examiners.
Sec.
535. GAO study and report on the extent and effects of the commercial
aviation pilot shortage on regional/commuter carriers.
Sec. 536. Minority Serving Institutions (MSI) Internship Program.
Sec. 537. FAA Educational Partnership Initiative.
Sec. 541. Short title.
Sec. 542. Increase in Federal student loan limits for students in flight education and training programs.
Sec. 543. GAO report.
Sec. 544. Rule of construction.
Sec. 545. Authorization of appropriations.
Sec. 601. AIP eligibility amendments.
Sec. 602. Revised minimum apportionments.
Sec. 603. Apportionments for transitioning airports.
Sec. 604. Updating United States Government’s share of project costs.
Sec. 605. Primary airport designation.
Sec. 606. Discretionary fund for terminal development costs.
Sec. 607. Alternative-delivery and advance-construction methods pilot program.
Sec. 608. Integrated project delivery.
Sec. 609. Airport investment partnership program.
Sec. 610. Airport accessibility.
Sec. 611. General aviation public-private partnership program.
Sec. 612. Runway rehabilitation.
Sec. 613. Extension of provision relating to airport access roads in remote locations.
Sec. 614. Procurement regulations applicable to FAA multimodal projects.
Sec. 615. Solar powered taxiway edge lighting systems.
Sec. 616. Additional ground based transmitters.
Sec. 617. Automated weather observing systems maintenance improvements.
Sec. 618. Contract Tower Program.
Sec. 618A. Contract tower program safety enhancements.
Sec. 619. Remote towers.
Sec. 620. Grant assurances.
Sec. 620A. GAO study on fee transparency by fixed based operators.
Sec. 620B. Aviation fuel in Alaska.
Sec. 621. Civil penalties for grant assurances violations.
Sec. 622. Community use of airport land.
Sec. 623. Buckeye 940 release of deed restrictions.
Sec. 624. Clarifying airport revenue use of local general sales taxes.
Sec. 625. AIP handbook review.
Sec. 626. PFAS-related resources for airports.
Sec. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam.
Sec. 628. Review of airport layout plans.
Sec. 629. NEPA purpose and need statements.
Sec. 630. Passenger facility charge streamlining.
Sec. 631. Use of passenger facility charges for noise barriers.
Sec. 632. Automated weather observing systems policy.
Sec. 633. Infrastructure Investment and Jobs Act implementation.
Sec. 634. Report on airport notifications.
Sec. 635. Coastal airports resiliency study.
Sec. 636. Electric aircraft infrastructure.
Sec. 637. Study on competition and airport access.
Sec. 638. Regional airport capacity study.
Sec. 639. Study on autonomous and electric-powered track systems.
Sec. 640. Special rule for reclassification of certain unclassified airports.
Sec. 641. General aviation airport runway extension pilot program.
Sec. 642. Applicability of screening requirements.
Sec. 643. Additional permitted uses of passenger facility charge revenue.
Sec. 644. Airport infrastructure resilience pilot program.
Sec.
645. Prohibition on provision of airport improvement grant funds to
certain entities that have violated intellectual property rights of
United States entities.
Sec.
646. Ensuring that certain projects related to natural hazards and
emergency management are eligible for funding under the Federal Aviation
Administration's airport improvement program.
Sec. 647. Visual weather observation systems.
Sec. 648. Transfers of air traffic systems acquired with AIP funding.
Sec. 649. Consideration of small hub control towers.
Sec.
650. Codification of FAA notice of policy relating to addressing
disputed changes of sponsorship at Federally obligated, publicly owned
airports.
Sec. 651. Eligible revenue-producing facilities at rural public-use general aviation airports.
Sec. 652. Increasing the energy efficiency of airport power sources.
Sec. 701. Advisory committee for aviation consumer protection.
Sec. 702. Refunds.
Sec. 703. Airline passenger rights transparency act.
Sec. 704. Disclosure of ancillary fees.
Sec. 705. Access to customer service assistance for all travelers.
Sec. 706. Frequent flyer programs and vouchers.
Sec. 707. Airline customer service dashboards.
Sec.
708. Annual briefings on disruptions of passenger air transportation
and periods of mass cancellations of scheduled flights.
Sec. 709. Enhancing child safety.
Sec. 710. Codification of consumer protection provisions.
Sec. 711. GAO study on competition and consolidation in the air carrier industry.
Sec.
712. GAO study and report on the operational preparedness of air
carriers for preparing for changing weather and other events related to
changing conditions and natural hazards.
Sec. 713. Increase in civil penalties.
Sec. 714. Family seating.
Sec. 715. Establishment of Office of Aviation Consumer Protection.
Sec. 716. Extension of aviation consumer advocate reporting requirement.
Sec. 717. Additional within and beyond perimeter slot exemptions at Ronald Reagan Washington National Airport.
Sec. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities.
Sec. 732. Modernization and improvements to aircraft evacuation.
Sec. 733. Improved training standards for assisting passengers who use wheelchairs.
Sec. 734. Training standards for stowage of wheelchairs and scooters.
Sec. 735. Mobility Aids On Board Improve Lives and Empower All.
Sec. 736. Prioritizing Accountability and Accessibility for Aviation Consumers.
Sec. 737. Access and Dignity for All People who Travel.
Sec. 738. Equal Accessibility to Passenger Portals.
Sec. 739. Store On-board Wheelchairs in Cabin.
Sec. 740. Standards.
Sec. 741. Investigation of complaints.
Sec. 751. Essential air service.
Sec. 752. Small community air service development grants.
Sec. 753. GAO study and report on the alternate Essential Air Service program.
Sec. 754. Essential air service in parts of Alaska.
Sec. 755. Essential air service community petition for review.
Sec. 801. Office of Advanced Aviation Technology and Innovation.
Sec. 802. Advanced Aviation Technology and Innovation Steering Committee.
Sec. 803. Beyond visual line of sight operations for unmanned aircraft systems.
Sec. 804. Extending special authority for certain unmanned aircraft systems.
Sec. 805. Environmental Review and Noise Certification.
Sec. 806. Third party service approvals.
Sec. 807. Operations over the high seas.
Sec. 808. Extension of the BEYOND program.
Sec. 809. Extension of the Know Before You Fly campaign.
Sec. 810. Unmanned aircraft system data exchange.
Sec. 811. Unmanned aircraft system detection and mitigation enforcement authority.
Sec. 812. Recreational operations of drone systems.
Sec. 813. UAS test ranges.
Sec. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft.
Sec. 815. Airport safety and airspace hazard mitigation and enforcement.
Sec. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems.
Sec. 817. Stop Illicit Drones.
Sec. 818. Drone infrastructure inspection grants.
Sec. 819. Unmanned aircraft in the Arctic.
Sec. 820. Remote identification alternative means of compliance.
Sec. 821. Prohibition on operation, procurement, or contracting action of foreign-made unmanned aircraft systems.
Sec. 822. FAA comprehensive plan on UAS automation.
Sec. 823. Sense of Congress.
Sec. 824. Comprehensive unmanned aircraft system integration strategy.
Sec. 825. Establishment of Associate Administrator of UAS Integration.
Sec. 826. Use of modeling and simulation tools in unmanned aircraft test ranges; program extension.
Sec. 831. Sense of Congress on FAA leadership.
Sec. 832. Aviation Rulemaking Committee on certification of powered-lift aircraft.
Sec. 833. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects.
Sec. 834. Advanced Air Mobility Working Group amendments.
Sec. 835. Rules for operation of powered-lift aircraft.
Sec. 836. International coordination on powered-lift aircraft.
Sec. 837. Advanced air mobility propulsion systems aviation rulemaking committee.
Sec. 901. Advanced materials center of excellence enhancements.
Sec. 902. Center of excellence for unmanned aircraft systems.
Sec. 903. ASSUREd safe credentialing authority.
Sec. 904. FAA and NASA advanced aviation technologies pilot program.
Sec. 905. Advancing global leadership on civil supersonic aircraft.
Sec. 906. CLEEN engine and airframe technology partnership.
Sec. 907. Hypersonic and Supersonic flight testing.
Sec. 908. Hypersonic pathway to integration study.
Sec. 909. Operating high-speed flights in high altitude Class E airspace.
Sec. 910. Electric propulsion aircraft operations study.
Sec. 911. Contract weather observers program.
Sec. 912. Airfield pavement technology program.
Sec. 913. National aviation research plan modification.
Sec. 914. FAA and NASA research and development coordination review.
Sec. 915. Research and development of FAA's aeronautical information systems modernization activities.
Sec. 916. Center of Excellence for Alternative Jet Fuels and Environment.
Sec. 917. Aircraft Noise Advisory Committee.
Sec. 918. Next generation radio altimeters.
Sec. 919. Hydrogen aviation strategy.
Sec. 920. Aviation fuel systems.
Sec. 1001. Authorization for carriage reimbursement.
Sec. 1002. Clarifying minimum altitudes for go-arounds, inspection passes, practice approaches, and instrument approaches.
Sec. 1003. Let Me Travel America.
Sec. 1004. Transportation of organs, bone marrow, and human cells, tissues, or cellular or tissue-based products (HCT/Ps).
Sec. 1101. Technical corrections.
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) SECRETARY.—Unless otherwise specified, the term “Secretary” means the Secretary of Transportation.
TITLE I—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 by striking paragraphs (1) through (7) and inserting the following:
“(1) $4,000,000,000 for fiscal year 2024;
“(2) $4,000,000,000 for fiscal year 2025;
“(3) $4,000,000,000 for fiscal year 2026;
“(4) $4,000,000,000 for fiscal year 2027; and
“(5) $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 “March 8, 2024,” and inserting “2028”.
(c) Extension of special rule for apportionments.—Section 47114(c)(1)(J) of title 49, United States Code, is amended by striking “March 8, 2024,” and inserting “September 30, 2024”.
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) $3,575,000,000 for fiscal year 2024.
“(2) $3,625,000,000 for fiscal year 2025.
“(3) $3,675,000,000 for fiscal year 2026.
“(4) $3,675,000,000 for fiscal year 2027.
“(5) $3,675,000,000 for fiscal year 2028.”.
(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) $12,740,000,000 for fiscal year 2024;
“(B) $13,033,000,000 for fiscal year 2025;
“(C) $13,500,000,000 for fiscal year 2026;
“(D) $13,900,000,000 for fiscal year 2027; and
“(E) $14,400,000,000 for fiscal year 2028.”.
(b) Authority to transfer funds.—Section 106(k)(3) of title 49, United States Code, is amended by striking “through 2023” and all that follows through “March 8, 2024” and inserting “through 2028”.
SEC. 104. Extension of expiring authorities.
(a) Marshall islands, Micronesia, and Palau.—Section 47115(i) of title 49, United States Code, is amended by striking “March 8, 2024” and inserting “September 30, 2028”.
(b) Extension of compatible land use planning and projects by State and local governments.—Section 47141(f) of title 49, United States Code, is amended by striking “March 8, 2024” and inserting “September 30, 2028”.
(c) Midway island airport.—Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176; 117 Stat. 2518) is amended by striking “March 8, 2024” and inserting “September 30, 2028”.
(d) Authority to provide insurance.—Section 44310(b) of title 49, United States Code, is amended by striking “March 8, 2024” and inserting “September 30, 2028”.
(e) Competitive access reporting requirement.—Section 47107(r)(3) of title 49, United States Code, is amended by striking “March 9, 2024” and inserting “October 1, 2028”.
(f) Non-Movement area surveillance pilot program.—Section 47143(c) of title 49, United States Code, is amended by striking “March 9, 2024” and inserting “October 1, 2028”.
SEC. 105. Research, engineering, and development.
Section 48102(a) of title 49, United States Code, is amended—
(1) in paragraph (15), by striking “and” at the end; and
(2) by striking paragraph (16) and inserting the following:
“(16) $344,000,000 for fiscal year 2024;
“(17) $360,000,000 for fiscal year 2025;
“(18) $367,000,000 for fiscal year 2026;
“(19) $374,000,000 for fiscal year 2027; and
“(20) $390,000,000 for fiscal year 2028.”.
SEC. 106. Prevention of duplicate obligation authority.
The amounts available for obligation for fiscal year 2024 under the amendments made by sections 101(a), 102, 103(a), 105, 501(b), 751(i), and 752(3) shall be reduced by the amounts obligated for fiscal year 2024 under the amendments made by section 2201 of the Continuing Appropriations Act, 2024 and Other Extensions Act (Public Law 118–15) and section 101 of the Airport and Airway Extension Act of 2023, Part II (Public Law 118–34) before the date of enactment of this Act.
TITLE II—FAA OVERSIGHT AND ORGANIZATION
subtitle A—Organization
(a) Completion and sunset.—
(1) KEY PROGRAMS.—Not later than December 31, 2025, the FAA shall operationalize all the key programs under the NextGen project as described in the FAA’s deployment plan.
(2) OFFICE; ADVISORY COMMITTEE.—The NextGen Office and the NextGen Advisory Committee shall terminate on December 31, 2025.
(3) TRANSFER OF RESIDUAL NEXTGEN IMPLEMENTATION FUNCTIONS; STATUS REPORT.—If the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall transfer the residual functions of completing NextGen to the Airspace Innovation Office established under section 202.
(4) TRANSFER OF ADVANCED AIR MOBILITY FUNCTIONS.—Not later than 90 days after the date of enactment of this section, any AAM (as defined in section 106(u)(7) of title 49, United States Code (as added by section 801)) relevant functions, duties, and responsibilities of the NAS Systems, Engineering, & Integration Office or other Offices within the Office of NextGen shall be incorporated into the Office of Advanced Aviation Technology and Innovation established under section 106(u) of title 49, United States Code (as so added).
(5) STATUS REPORTS.—If the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall, not later than 30 days after such deadline, and quarterly thereafter until all key programs under the NextGen project are deployed, brief the appropriate committees of Congress on the status of each incomplete program, including, with respect to each such incomplete program—
(A) an explanation as to why the program deployment was delayed or not completed by such deadline;
(B) an assessment of the key risks to the full implementation of the program and a description of how the FAA is mitigating, or plans to mitigate, those risks; and
(C) a detailed schedule of actions necessary to complete the program, including updated milestones and deadlines.
(b) Independent report.—
(1) IN GENERAL.—Not later than 90 days of the date of enactment of this section, the Administrator shall contract with an independent third-party contractor or a Federally funded research and development center to develop a report reviewing and assessing the implementation of the NextGen project.
(2) REQUIREMENTS.—The report developed under paragraph (1) shall include the following:
(A) Evaluation of the promised operational benefits at the time of initiation and the realized benefits upon completion of the NextGen project.
(B) Recommendations for the technical capacity and resources needed by the FAA in order to oversee a comprehensive airspace modernization project on-schedule and on-budget.
(C) Identification of programs under the NextGen project that were significantly delayed, significantly diminished, or ultimately not implemented, including an explanation of the cause of the delay, reduction, or removal of the program from the NextGen project by the FAA. This discussion shall include at a minimum, programs relating to expanding surveillance coverage across the country, increasing performance-based navigation, and improving enroute data communications.
(D) Identification of any challenges that impacted the implementation of the NextGen project.
(E) Identification of any lessons learned during the NextGen project effort, and whether, how, and to what effect those lessons may be applied to future national airspace system modernization efforts.
(F) Assessment of national airspace system user engagement in the NextGen project priorities and implementation.
(G) Recommendations of the justifications for further national airspace system modernization efforts including economic, safety, efficiency, capacity, predictability, and resiliency of the United States air transportation system.
(3) DEADLINE.—Not later than June 30, 2026, the report developed under paragraph (1) shall be submitted to the Administrator and the appropriate committees of Congress.
SEC. 202. Airspace Innovation Office.
(a) Establishment.—
(1) IN GENERAL.—On January 1, 2026, the Administrator shall establish within the FAA the Airspace Innovation Office (in this section referred to as the “Office”).
(2) ASSISTANT ADMINISTRATOR.—The Office shall be led by the Assistant Administrator.
(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; and
(B) developing an integrated plan for the future state of the national airspace system and overseeing the deployment of the system.
(4) CONSULTATION.—The Assistant Administrator shall consult, as necessary, with the Chief Technology Officer appointed under section 106(s) of title 49, United States Code, and the Associate Administrator for Advanced Aviation Technology and Innovation appointed under section 106(u) of title 49, United States Code (as added by section 801).
(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 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 Nation’s future air transportation system, and an explanation of how those 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 FAA’s mission; and
(B) 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 non-profit organizations in carrying out such activities;
(B) the annual anticipated cost of carrying out such activities; and
(C) the technical milestones that will be used to evaluate the activities.
(3) A description of the operational concepts needed to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system.
(4) The management of the enterprise architecture framework for the introduction of these operational improvements and to inform FAA financial decision-making.
(5) A business case for the operational improvements that the Office will develop and deploy not later than 2040, including the benefits, costs, and risks of the preferred and alternative options.
(c) Considerations.—In developing and carrying out the integrated plan, the Office shall consider—
(1) the results and recommendations of the independent report on implementation of the NextGen project under section 201(b);
(2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and
(3) the audit of legacy systems required by section 407, and the resulting plan to replace or enhance the identified legacy systems within a reasonable time frame.
(d) Consultation.—In developing and carrying out the integrated plan, the Office shall consult with representatives from—
(1) the National Aeronautics and Space Administration;
(5) aviation labor groups;
(6) aviation research and development entities;
(7) aircraft and avionics manufacturers;
(8) air traffic control suppliers;
(9) commercial space industry;
(10) commercial and recreational drone industry; and
(11) any other entities the Office deems necessary.
(e) Plan deadline; briefings.—
(1) PLAN DEADLINE.—Not later than November 30, 2026, the Administrator shall submit the integrated plan required by subsection (a)(3)(B) 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, and the Committee on Appropriations of the House of Representatives.
(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 by subsection (a)(3)(B), including any changes to the plan.
(f) DOT Inspector General review.—Not later than 180 days following submission of the integrated plan under subsection (e)(1), the Inspector General of the Department of Transportation shall review the integrated plan and submit to the committees of Congress specified in paragraph (1) a report that—
(1) assesses the business case for the integrated plan;
(2) provides any recommendations for improving the integrated plan; and
(3) includes any other information that the Inspector General determines appropriate.
(g) Limitation.—The FAA is not authorized to spend any amounts on the deployment of new air traffic management technologies and operational improvements that have yet to be deployed and identified in the integrated plan until the committees of Congress specified in paragraph (1) have been briefed under subsection (e)(2).
SEC. 203. Commercial Software Options for Improving ASIAS Analytics.
(a) ASIAS analytics.—
(1) EVALUATION.—Not later than 180 days after the date of enactment of this section, the Administrator shall evaluate whether commercial software solutions are available to improve the FAA’s Aviation Safety Information Analysis and Sharing (ASIAS) system to advance the system’s predictive capabilities and analytical solutions developed.
(2) REQUIREMENTS.—In carrying out the evaluation required by paragraph (1), the Administrator shall—
(A) prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs; and
(B) ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate live demonstrations of proposed solutions, as part of the evaluation criteria.
(b) Congressional briefing.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a briefing on the results of the evaluation carried out under subsection (a) that—
(1) includes an assessment of the FAA’s progress toward achieving previously identified milestones for ASIAS by the Inspector General of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports; and
(2) outlines the FAA’s plan to use rapidly deployable commercial solutions to assist the FAA in meeting such milestones.
SEC. 204. Authority to use electronic service.
Section 46103 of title 49, United States Code, is amended—
(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.”.
subtitle B—Regulatory Reform
SEC. 211. Safety and efficiency through digitization of FAA systems.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall—
(1) identify, at the discretion of the Administrator, 3 processes of the FAA that result in a certification (such 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 by subsection (a), the Administrator shall ensure that the digitization of any process allows for—
(1) an applicant to track their application 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) Briefing to Congress.—Not later than 1 year 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. 212. Report elimination or modification.
(a) Reports modified.—
(1) REPORT ON THE AIRPORT IMPROVEMENT PROGRAM.—
(A) IN GENERAL.—Section 47131(a) of title 49, United States Code, is amended by striking the first sentence and inserting “Not later than June 1, 2025, and biennially thereafter, the Secretary of Transportation shall submit to Congress a report on activities carried out under this subchapter during the prior 2 fiscal years.”.
(B) CONFORMING AMENDMENTS.—
(i) Section 47131 of title 49, United States Code, is amended in the section heading by striking “Annual” and inserting “Biennial”.
(ii) The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47131 and inserting the following:
“47131. Biennial report.”.
(2) NATIONAL AVIATION RESEARCH PLAN.—
(A) Section 44501(c)(1) of title 49, United States Code, is amended by striking “the date of submission” and inserting “90 days after the date of submission”.
(B) Section 48102(g) of title 49, United States Code, is amended by striking “the date of submission” and inserting “90 days after the date of submission”.
(b) Reports eliminated.—
(1) LASER POINTER INCIDENTS.—Section 2104(a) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 46301 note) is amended by striking “Beginning 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates to the appropriate committees of Congress regarding” and inserting “The Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide an annual briefing to the appropriate committees of Congress regarding”.
(2) REPORT ON HELICOPTER AIR AMBULANCE OPERATIONS.—Section 44731 of title 49, United States Code, is amended—
(i) in the subsection heading, by striking “Report to Congress” and inserting “Briefing”;
(ii) by striking the first sentence and inserting “The Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually on the data collected under subsection (a).”; and
(iii) in the second sentence by striking “report” and inserting “briefing”; and
(B) in subsection (e)(2), by striking “the report” and inserting “the briefing”.
SEC. 213. Internal regulatory process review.
(a) In general.—The Secretary shall establish an internal regulatory process review team (in this section referred to as the “review team”) comprised of FAA employees and individuals described in subsection (b) to develop recommendations to improve the timeliness of, and performance accountability in, the development and promulgation of regulatory materials (as defined in subsection (g)). The review team shall deliver a report with recommendations to the Secretary in accordance with the deadlines specified in subsection (e).
(b) Other members; consultation.—
(1) IN GENERAL.—The review team shall include outside experts and academics with relevant experience or expertise in aviation safety and in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. The review team shall include at least 3 outside experts or academics with relevant experience or expertise in aviation safety and at least 1 outside expert or academic with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety.
(2) CONSULTATION.—The review team may, as appropriate, consult with industry stakeholders.
(c) Contents of review.—In conducting the review required under subsection (a), the review team shall do the following:
(1) 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 to address airworthiness standards deficiencies.
(2) With respect to each office within the FAA that reviews regulatory materials, assess—
(A) the timeline assigned to each such office to complete the review of regulatory materials;
(B) the actual time spent for such review;
(C) opportunities to reduce the actual time for such review; and
(D) whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials.
(3) 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 these employees function in the rulemaking framework.
(4) Describe any organizational changes or the need to hire additional FAA employees, if necessary and taking into consideration whether current positions are staffed, to reduce delays in publication of proposed and final regulatory materials.
(5) 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 real-time progress tracker that updates itself to show the major stages (as determined by the Secretary) of the development of regulatory materials as they are initiated, in progress, and completed, from inception of a proposed development of regulatory materials to publication of the final version of such materials.
(6) Consider changes to the FAA’s best practices under rules governing ex parte communications with other validating authorities, including international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for those related to enhancing aviation safety and the United States’ aviation international leadership.
(7) Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes set by private sector standards-developing organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes.
(8) 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.
(d) Action plan.—The Administrator shall develop an action plan to implement the recommendations developed by the review team. The Administrator shall publish the action plan on the internet website of the FAA and shall transmit the plan to the appropriate committees of Congress.
(e) Deadlines.—The requirements of this section shall be subject to the following deadlines:
(1) The review team shall complete the evaluation required under subsection (a) and submit the review team’s report on such evaluation to the Secretary not later than 120 days after the date of enactment of this section.
(2) The Administrator shall develop and publish the action plan under subsection (d) not later than 30 days after the date on which the review team submits the report required by subsection (a) to the Administrator.
(f) 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.
(g) Regulatory materials defined.—In this section, the term “regulatory materials” means rules, orders, advisory circulars, statements of policy, guidance, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.
SEC. 214. Review and Updates of Categorical Exclusions.
Not later than 2 years after the date of enactment of this section, the Secretary shall—
(1) identify each categorical exclusion under the jurisdiction of the Department of Transportation (referred to in this section as the “Department”), including any operating administration within the Department; and
(2) review, adopt, and broaden the applicability of categorical exclusions to enable the use by operating administrations of the Department, as relevant and appropriate, of categorical exclusions identified in paragraph (1).
TITLE III—SAFETY IMPROVEMENTS
SEC. 301. Independent Study on future state of type certification processes.
(a) Review and study.—Not later than 60 days after the date of enactment of this section, subject to the availability of appropriations, the Administrator shall 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 set forth in this section.
(b) Elements.—The review and study under subsection (a) shall provide analyses, assessments, and recommendations that address the following:
(1) A vision for a future state of type certification that reflects the highly complex, highly integrated nature of today’s aircraft and improvements in aviation safety.
(2) A review of the current tools and techniques used for type certification and an evaluation of whether use of advanced digital tools and techniques, including model-based system engineering, would improve the type certification process and enhance aviation safety.
(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 can be approved and implemented quickly, particularly with respect to software modifications, while maintaining the safety of the type certification process.
(5) What efficiencies and safety process improvements are needed in the FAA’s type certification system that will facilitate the assessment and integration of innovating technologies that 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 that could be adopted by the FAA and the United States, as well as the best practices and tools used by the United States which can be shared with other certification authorities.
(c) Report.—Not later than 15 months after the date of enactment of this section, the organization conducting the review and study shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes the findings and recommendations of the organization.
(d) Congressional briefing.—Not later than 270 days after the report required under subsection (c) is submitted to the Administrator, the Administrator shall brief the appropriate committees of Congress regarding the FAA’s response to the findings and recommendations of such report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation.
SEC. 302. Report on international validation program performance.
(a) In general.—Not later than 120 days after the date of enactment of this section, the Secretary shall evaluate the performance of the FAA’s type certificate validation program under bilateral agreements, with reference to agreed implementation procedures.
(b) Contents.—The evaluation under subsection (a) shall consider, at minimum, the following:
(1) Progress under section 243(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) with respect to improving the FAA’s leadership abroad.
(2) Develop criteria and procedures whereby an Organization Designation Authorization Holder (as defined in section 44736(c)(5) of title 49, United States Code) may provide an ODA Unit recommendation that certain data produced during an applicant’s company 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.
(3) Training on the minimum standards for validation work plan content, such as the validating authority level of involvement, and what constitutes justification for level of involvement and compliance document requests.
(4) The perspectives of FAA employees responsible for type validation projects, bilateral civil aviation regulatory partners, and industry applicants, on the FAA’s performance in carrying out validation projects.
(5) The levels of funding and staffing for the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA compared to the Branch’s workload and goals.
(6) The effectiveness of FAA training for employees and of outreach conducted to improve and enforce validation processes.
(7) Efforts undertaken to strengthen relationships with international certification authorities to maximize safety cooperation and the use of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures.
(c) Report.—The Administrator shall issue a report regarding the evaluation required under subsection (a) to the appropriate committees of Congress not later than 1 year after the date of enactment of this section.
SEC. 303. High risk flight testing.
(a) In general.—Not later than 2 years after the date of enactment of this section, the Administrator shall take necessary actions, including as appropriate, amending part 21 of title 14, Code of Federal Regulations, and revising or modifying any associated advisory circulars, guidance, or policy of the FAA, in accordance with this section to improve flight test safety risk.
(b) Requirements.—In developing, amending, revising, or modifying regulations, advisory circulars, guidance, or policy under subsection (a), the Administrator shall do the following:
(1) Develop 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.
(2) Develop 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 company 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.
(3) Work with other civil aviation authorities representing States of Design to identify their best practices relative to high risk flight testing and adopt those practices into the FAA's flight-testing requirements to the maximum extent practicable.
(a) In general.—Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section:
Ҥ 44745. Cockpit recording device
“(a) In general.—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—
“(1) require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data;
“(2) prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18;
“(3) require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations;
“(4) require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and the National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and
“(5) ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes.
“(b) Prohibited use.—A cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers.
“(c) Applicable aircraft defined.—In this section, the term ‘applicable aircraft’ means an aircraft that is—
“(1) operated under part 121 or 135 of title 14, Code of Federal Regulations; and
“(2) required by regulation to have a cockpit voice recorder or a flight data recorder.”.
(b) Flight data recovery from overwater operations.—Chapter 447 of title 49, United States Code, as amended by subsection (a), is further amended by adding at the end the following new section:
Ҥ 44746. Flight data recovery from overwater operations
“(a) In general.—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 4 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) Applicable aircraft defined.—In this section, the term ‘applicable aircraft’ means an aircraft manufactured on or after January 1, 2027, that is—
“(1) operated under part 121 of title 14, Code of Federal Regulations;
“(2) required by regulation to have a cockpit voice recorder and a flight data recorder; and
“(3) used in extended overwater operations.”.
(c) Clerical amendment.—The analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44744 the following:
“44745. Recording devices.
“44746. Flight data recovery from overwater operations.”.
(a) In general.—Not later than 270 days after the date of enactment of this section, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the “Committee”) with reviewing and assessing the need for changes to the safety requirements for turbine-powered rotorcraft certificated for 6 or more passenger seats in relation to flight data recorders, flight data monitoring, and terrain awareness and warning systems. The Committee shall submit to the Administrator a report on the findings from such review and assessment, together with recommendations for such legislative or administrative action as the Committee deems appropriate.
(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) Briefing.—Not later than 30 days after the date on which the Committee submits the report under subsection (a), the Administrator shall brief the appropriate committees of Congress on—
(1) the findings and recommendations included in the Committee's report; and
(2) the Administrator’s plan, if any, to implement such recommendations.
SEC. 306. Review and incorporation of human readiness levels into agency guidance material.
(a) Findings.—Congress finds the following:
(1) Proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error.
(2) The evaluation and monitoring of a new aviation technology or system with respect to human use throughout its design and development may reduce human error in new systems and technologies when used in operational conditions.
(3) The technical standard “ANSI/HFES 400–2021, Human Readiness Level Scale in the System Development Process” defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes.
(b) Review.—Not later than 90 days after the date of enactment of this section, the Administrator shall initiate a process to review ANSI/HFES Standard 400–2021 and determine whether any materials from this standard can and 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 shall conduct a review of the ANSI/HFES 400–2021 technical standard and may consult with subject matter experts affiliated with the authoring organization for such technical standard.
(d) Briefing.—Not later than 180 days after the date of enactment of this section, the Administrator shall brief the appropriate committees of Congress on the progress of the review required by subsection (b).
SEC. 307. Service difficulty reports.
(a) Annual congressional briefings.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on compliance during the preceding year with requirements relating to Service Difficulty Reports, specifically—
(1) compliance by operators with the requirements of section 121.703 of title 14, Code of Federal Regulations;
(2) compliance by approval or certificate holders with the requirements of section 183.63 of title 14, Code of Federal Regulations; and
(3) compliance by FAA offices with the requirements for investigation of Service Difficulty Reports, as documented in the following FAA Orders (and any subsequent revisions of such Orders):
(A) FAA Order 8900.1A, Flight Standards Information Management System (issued October 27, 2022);
(B) FAA Order 8120.23A, Certificate Management of Production Approval Holders (issued March 6, 2017); and
(C) FAA Order 8110.107A, Monitor Safety/Analyze Data (issued October 1, 2012).
(b) Requirements.—The briefings required by subsection (a) shall include the following with respect to the preceding year:
(1) Identification of categories of service difficulties reported, as determined by the Administrator, including repetitive service difficulties reported.
(2) The causes of the service difficulties, as determined by the Administrator.
(3) Actions taken by, or required by, the Administrator to address the identified causes of service difficulties.
(4) Violations of title 14, Code of Federal Regulations, and what, if any, action the FAA took in response to a violation, including any actions set forth in FAA Order 2150.3C, FAA Compliance and Enforcement Program w/Changes 1-10 (issued September 18, 2018) (or any subsequent revisions of such Order).
SEC. 308. Accountability and compliance.
(a) In general.—Section 44704(a)(1) of title 49, United States Code, is amended by adding at the end the following: “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 the submitted design data demonstrates compliance with the applicable airworthiness standards or that 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) Report to Congress.—Not later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification required by the amendment made by subsection (a).
SEC. 309. Accountability for aircraft registration numbers.
The Administrator shall review the process of reserving aircraft registration numbers and implement appropriate changes to ensure fair participation by the general public, including the implementation of readily available software to prevent any computer auto-fill systems from reserving aircraft registration numbers in bulk.
SEC. 310. Aircraft reregistration.
(a) In general.—Chapter 441 of title 49, United States Code, is amended by adding at the end the following new section:
Ҥ 44114. Reregistration of aircraft
“If an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that—
“(1) any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and
“(2) the Administrator has not rejected such reregistration application.”.
(b) Effective date.—The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this section.
(c) Clerical amendment.—The analysis for chapter 441 of such title is amended by inserting after the item relating to section 44113 the following:
“44114. Reregistration of aircraft.”.
SEC. 311. FAA oversight of repair stations located outside the United States.
(a) In general.—Section 44733 of title 49, United States Code, is amended—
(1) in the section heading by striking “Inspection” and inserting “Oversight”;
(A) in the first sentence—
(i) by inserting “, without prior notice to such repair stations,” after “annually”; and
(ii) by inserting “and the applicable laws of the country in which a repair station is located” after “international agreements”; and
(B) by striking the second 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 with the applicable laws of the country in which a repair station is located.”;
(3) by redesignating subsection (g) as subsection (i); and
(4) by inserting after subsection (f) the following:
“(g) Data analysis.—
“(1) IN GENERAL.—An air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, shall, if applicable, provide to the appropriate office of the Administration, not less than once every year, a report containing the information described in paragraph (2) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed in the preceding year.
“(2) INFORMATION REQUIRED.—A report under paragraph (1) shall contain the following information:
“(A) The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) 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) If applicable, a list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier within 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that—
“(i) require corrective action after the aircraft is approved for return to service; and
“(ii) result from the work performed on such aircraft.
“(E) 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 of the Federal Aviation Administration shall—
“(A) analyze information made available under paragraph (1) of this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions, to detect safety issues associated with heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States; and
“(B) require appropriate actions in response.
“(4) CONFIDENTIALITY.—Information made available under paragraph (1) shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123.
“(h) Minimum qualifications for mechanics and others working on U.S. registered aircraft.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station—
“(A) all supervisory personnel 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 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 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require any individual who is responsible for approving an article for return to service or who is directly in charge of aircraft (including on-wing aircraft engine) maintenance performed on aircraft operated under part 121 of title 14, Code of Federal Regulations, be available for consultation while work is being performed at a covered repair station.”.
(b) Definition of covered repair station.—
(1) IN GENERAL.—Section 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended—
(A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and
(B) 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 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.”.
(2) 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”.
(c) Clerical amendments.—The analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following:
“44733. Oversight of repair stations located outside the United States.”.
SEC. 312. Alcohol and drug testing and background checks.
(a) In general.—Subject to subsection (c), beginning on the date that is 2 years after the date of enactment of this section, the Administrator may not approve or authorize international travel for any employee of the FAA until a final rule carrying out the requirements of subsection (b) of section 2112 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44733 note) has been published in the Federal Register.
(b) 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 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.
(c) Exceptions.—The prohibition in subsection (a) shall not apply to international travel that is determined by the Administrator on an individual-by-individual basis to be—
(1) exclusively for the purpose of conducting a safety inspection;
(2) directly related to aviation safety standards, certification, and oversight; or
(3) vital to the national interests of the United States.
(d) Definition of covered repair station.—For purposes of this section, the term “covered repair station” means a facility that—
(1) is located outside the United States;
(2) is certificated under part 145 of title 14, Code of Federal Regulations; and
(3) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.
SEC. 313. Continuous aircraft tracking and transmission for high altitude balloons.
(a) Aviation rulemaking committee.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review and develop findings and recommendations regarding a standard that any high altitude balloon be equipped with a system for continuous aircraft tracking that shall transmit, 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) REPORT.—Not later than 18 months after the date of enactment of this section, the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee described in paragraph (1). Such report shall include 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 (including public aircraft operations) to have a continuous aircraft tracking and transmission system.
(B) Any necessary updates to the requirements for unmanned free 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) ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers;
(iii) 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 such section 91.225, including portable, battery-powered Automatic Dependent Surveillance-Broadcast (ADS-B) 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.
(5) NEW TECHNOLOGIES AND SOLUTIONS.—Nothing in this subsection shall require the Committee to develop recommendations requiring equipage of high altitude balloons with an ADS-B 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.
(b) Rulemaking and other requirements.—Not later than 18 months after the date on which the Committee submits the report under subsection (a)(3), the Administrator shall—
(1) issue a notice of proposed rulemaking to require a continuous aircraft tracking and transmission system for any high altitude balloon, in accordance with the recommendations of the Committee; and
(2) coordinate with foreign authorities (including bilateral partners and the International Civil Aviation Organization (ICAO)) to identify opportunities to align continuous aircraft tracking and transmission system standards for any high altitude balloon operating outside of the national airspace system.
(c) Interim standard.—During the period beginning on the date that is 2 years after the date of enactment of this section and ending on the date on which the Administrator issues a notice of proposed rulemaking under subsection (b)(1), a person may only operate a high altitude balloon if such balloon meets the requirements described in section 91.215(b) of title 14, Code of Federal Regulations, notwithstanding the exemption provided in subsection (e)(1) of such section 91.215 or in subsection (e) of section 91.1 of such title 14.
(d) Reports to Congress.—Not later than 6 months after the date of enactment of this section, and every 6 months thereafter until the Administrator promulgates a final rule under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the status of the rulemaking and other requirements being developed under such subsection.
(e) Definitions.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means—
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and Infrastructure of the House of Representatives; and
(D) the Committee on Appropriations of the House of Representatives.
(2) HIGH ALTITUDE BALLOON.—The term “high altitude balloon” means a manned or unmanned free balloon operating not less than 18,000 feet above mean sea level.
SEC. 314. International engagement.
(a) Plan.—
(1) IN GENERAL.—The Administrator shall develop and implement a plan to enhance United States’ leadership in aviation safety and policy.
(2) CONTENTS OF PLAN.—The plan required under paragraph (1) shall include, at minimum, the following:
(A) Measures to advance international cooperation related to—
(i) approval of new safety-enhancing technologies and aeronautical products;
(ii) development of regulatory policy and plans related to advanced air mobility concepts;
(iii) innovation in the general aviation sector;
(iv) further integration of uncrewed aircraft systems and advanced air mobility aircraft and operators; and
(v) development of international standards and best practices for enhancing aviation safety consistent with United States policy and objectives.
(B) Initiatives to attain greater expertise among employees of the FAA on issues related to dispute resolution, intellectual property, and export control laws.
(C) Policy regarding the future direction and strategy of United States engagement with the International Civil Aviation Organization and bilateral partner countries, including the secondment of subject matter experts.
(D) Procedures for acceptance of mandatory continuing airworthiness information, such as airworthiness directives and other safety-related regulatory documents, consistent with section 44701(e)(5) of title 49, United States Code.
(E) Measures to align the FAA's technical assistance to foreign civil aviation regulators, taking into account, among other factors, with respect to each such foreign regulator, the particular aeronautical products for which the United States is the State of Design in operation in the State of such regulator’s jurisdiction.
(F) Measures, such as funding and the hiring of additional FAA personnel, necessary for the FAA to fully participate in global and bilateral activities related to aviation safety.
(G) Measures to facilitate and expand the FAA’s international programs, training, and technical assistance to foreign civil aviation authorities in order to—
(i) strengthen aviation safety oversight;
(ii) meet the United Nations International Civil Aviation Organization standards; and
(iii) further United States policy and objectives.
(H) Initiatives to further develop and establish the FAA’s foreign offices in strategic regions, particularly Africa and Asia-Pacific, in order to support the FAA’s international mission to promote a safe, secure, seamless, and sustainable global aerospace system.
(b) Public availability of plan.—Not later than 210 days after the date of enactment of this Act, the Administrator shall make the plan developed under subsection (a) available on the internet website of the FAA.
(c) Submission to Congress.—
(1) PLAN.—Not later than 210 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a copy of the plan developed under subsection (a).
(2) UPDATES ON IMPLEMENTATION.—Not later than 1 year after the submission of the plan under paragraph (1), and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the activities the FAA is conducting in order to implement such plan.
(d) International travel.—The Administrator, or the Administrator’s designee, may authorize international travel for any FAA employee, without the approval of any other person or office, for the purpose of—
(1) promotion of aviation safety and other relevant aviation standards;
(2) providing support for expedited acceptance of FAA design and production approvals by other civil aviation authorities;
(3) facilitation of adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization; or
(4) providing support for technical assistance and training by the FAA.
SEC. 315. Air tour and sport parachuting safety.
(a) Safety management system requirements for certain operators.—Not later than 24 months after the date of enactment of this section, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations.
(b) Other safety requirements for commercial operators.—
(A) AUTHORITY TO CONDUCT NONSTOP COMMERCIAL AIR TOURS.—
(i) IN GENERAL.—Subject to clauses (ii) and (iii), beginning on the date that is 3 years after the date of enactment of this section, no person may conduct commercial air tours unless that person—
(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
(II) conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations.
(ii) SMALL BUSINESS EXCEPTION.—The provisions of clause (i) shall not apply to a person who conducts 50 or fewer commercial air tours in a year.
(iii) TEMPORARY EXCEPTION.—Notwithstanding the requirements of clause (i), for a period of 5 years after the date described in clause (i), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person—
(I) as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and
(II) has not been issued such part 119 certificate or received a denial of the application submitted under subclause (I).
(iv) REPORTING REQUIRED.—Beginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under clause (ii) or (iii)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months.
(v) OTHER TERMS.—The Administrator shall—
(I) revise title 14, Code of Federal Regulations, to include definitions for the terms “aerial work” and “aerial photography” that are limited to aerial operations performed for compensation or hire with an approved operating certificate; and
(II) to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions.
(B) ADDITIONAL SAFETY REQUIREMENTS.—Not later than 3 years after the date of enactment of this section, the Administrator shall issue new or revised regulations that shall require each commercial air tour operator to ensure that the doors of the airplane or helicopter, rotorcraft, or other aircraft used for such tour remain closed during the period of the tour in which the airplane or helicopter is moving on the surface or is airborne and provide an exception for a parachuting flight and operations under section 119.1(e)(4) of title 14, Code of Federal Regulations, and incorporate avoidance training for controlled flight into terrain and in-flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The 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 section on human factors issues involved in such accidents, including but not limited to—
(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.—The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform—
(i) 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;
(ii) 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 (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);
(iii) requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program;
(iv) establishing methods to provide effective terrain awareness and warning; and
(v) establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In-supported traffic advisory system that—
(I) includes both visual and aural alerts;
(II) is driven by an algorithm designed to eliminate nuisance alerts; and
(III) is operational during all flight operations.
(B) MEMBERSHIP.—The aviation rulemaking committee shall consist of members appointed by the Administrator, including—
(i) representatives of industry, including manufacturers of aircraft and aircraft technologies;
(ii) representatives of aviation operator organizations; 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.
(i) IN GENERAL.—The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (v) of subparagraph (A).
(ii) CONSIDERATIONS.—In carrying out its duties 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 on part 135 commercial operators;
(III) recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST);
(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 (TAWS) 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;
(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.
(D) REPORTS AND REGULATIONS.—The Administrator shall—
(i) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee;
(ii) not later than 12 months after the date of submission of the report under clause (i), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in clauses (i) through (v) of subparagraph (A); and
(iii) not later than 3 years after the date of enactment of this section, issue a final rule with respect to each of the matters specified in such clauses of subparagraph (A).
(c) Expedited process for obtaining operating certificates.—
(1) IN GENERAL.—The Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations.
(2) CONSIDERATIONS.—In carrying out paragraph (1), beginning on the date that is 18 months after the date of enactment of this section, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with subsection (b)(1)(A).
(3) REPORT REQUIRED.—Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing—
(A) how the procedures implemented under paragraph (1) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title;
(B) how considerations under paragraph (2) will be incorporated into procedures implemented under paragraph (1); and
(C) any additional resources required to implement procedures under paragraph (1).
(4) ADDITIONAL REPORTS REQUIRED.—Not later than 3 years after the date of enactment of this section, and annually thereafter, the Administrator shall submit a report to the appropriate committees of Congress that—
(i) data on certification approvals and denials; and
(ii) data on duration of key phases of the certification process; and
(B) identifies certification policies in need of reform or repeal.
(d) Safety requirements for sport parachute operations.—
(1) AVIATION RULEMAKING COMMITTEE.—The Administrator shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform—
(A) rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address—
(i) Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers’ recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits;
(ii) initial and annual recurrent pilot proficiency checking programs 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
(iii) initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft;
(B) the revision of guidance material contained in Advisory Circular 105–2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and
(C) the revision of guidance materials issued in Order 8900.1 entitled “Flight Standards Information Management System”, to include guidance for Federal Aviation Administration inspectors who oversee part 91 of title 14 Code of Federal Regulations, operations conducted under any of the exceptions specified in section 119.1(e) of title 14, Code of Federal Regulations, which include parachute operations.
(2) MEMBERSHIP.—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) representatives of parachute operator organizations; 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.
(A) IN GENERAL.—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 (1).
(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 generally, as relevant, and specifically those 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, but not limited to, the United States Parachute Association;
(iv) appropriate use of data for modifying behavior to prevent accidents;
(v) data gathered from aviation safety reporting programs;
(vi) the need to accommodate diversity of operations and mission sets;
(vii) accommodations necessary for small businesses; and
(viii) other issues as necessary.
(4) REPORTS AND REGULATIONS.—The Administrator shall—
(A) not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee;
(B) not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue, as necessary, an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1); and
(C) not later than 3 years after the date of enactment of this section, issue, as necessary, a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1).
(e) 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) COMMERCIAL AIR TOUR.—The term “commercial air tour” means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing.
(3) COMMERCIAL AIR TOUR OPERATOR.—The term “commercial air tour operator” means any person who conducts a commercial air tour.
(4) PARACHUTE OPERATION.—The term “parachute operation” has the meaning given that term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).
SEC. 316. International aviation safety assessment program.
Section 44701 of title 49, United States Code, is amended by adding at the end the following:
“(g) Aviation safety oversight measures carried out by foreign countries.—
“(A) IN GENERAL.—At intervals the Administrator considers necessary in the interests of safety, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess the effectiveness of the aviation safety oversight measures carried out by a foreign country—
“(i) from which a foreign air carrier serves the United States;
“(ii) from which a foreign air carrier seeks to serve the United States;
“(iii) whose air carriers code-share with a United States air carrier; or
“(iv) as the Administrator considers appropriate.
“(B) REQUIREMENTS.—In conducting an assessment under subparagraph (A), the Administrator shall—
“(i) consult with the appropriate authorities of the government of the foreign country concerned;
“(ii) determine the extent to which such country effectively maintains and carries out its aviation safety oversight measures pursuant to the Convention on International Civil Aviation (in this section referred to as the ‘Chicago Convention’); and
“(iii) use a standard that will result in an analysis of the aviation safety oversight measures carried out by such country based on the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment.
“(C) NON-COMPLIANCE FINDINGS.—
“(i) IN GENERAL.—When the assessment required by this subsection identifies areas of non-compliance to the safety oversight measures in the Chicago Convention, the Administrator shall conduct final discussions with the foreign country within 90 days of the assessment to determine whether the non-compliance findings have been corrected and the foreign country is now in compliance with the applicable international standards for effective aviation safety oversight.
“(ii) CORRECTION.—If the Administrator determines that the foreign country has corrected the identified area of non-compliance by the close of final discussions, the Federal Aviation Administration will issue or continue to issue operations specifications to the foreign operator to enable the United States air service or to the United States operator if the foreign operator is to carry its airline code.
“(iii) NON-CORRECTION.—If the Administrator determines that the foreign country has not has corrected the identified area of non-compliance by the close of final discussions—
“(I) immediate notification will be made to the Secretary of Transportation and the Secretary of State that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country; and
“(II) notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of the foreign country concerned and notification to 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 provides foreign air transportation.
“(D) AUTHORITY.—Notwithstanding subparagraphs (B) and (C), the Administrator retains the ability to initiate immediate safety oversight action when justified based on available safety information.
“(2) NOTIFICATION.—At the conclusion of the international aviation safety assessment process, the Administrator, after advising the Secretary of Transportation and the Secretary of State, shall inform the foreign country of the determination regarding its compliance to ICAO standards. The determination shall—
“(A) for foreign countries determined to be compliant with ICAO standards, state that no further action is needed; and
“(B) for foreign countries determined to be non-compliant with ICAO standards, recommend the actions necessary to bring the aviation safety oversight measures carried out by that country into compliance with the international standards contained in the Chicago Convention, as used by the Federal Aviation Administration in making the assessment.
“(3) FAILURE TO MAINTAIN AND CARRY OUT STANDARDS.—
“(A) IN GENERAL.—Subject to subparagraph (B), if the Administrator determines that a foreign country does not maintain and carry out effective aviation safety oversight measures, the Administrator shall—
“(i) notify the appropriate authorities of the government of the foreign country consistent with paragraph (2);
“(ii) publish the identity of the foreign country on the Federal Aviation Administration website, in the Federal Register, and through other mediums to provide notice to the public;
“(iii) transmit the identity of the foreign country to the Secretary of State to inform the relevant travel advisories; and
“(iv) provide the identity of the foreign country and any critical safety information resulting from the assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(B) IMMEDIATE EXERCISE OF AUTHORITY.—
“(i) IN GENERAL .—The Administrator may immediately exercise authority under subparagraph (A) if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country.
“(ii) NOTIFICATION TO THE SECRETARY OF STATE.—The Administrator shall immediately notify the Secretary of State of a determination under clause (i) so that the Secretary of State may issue a travel advisory with respect to the foreign country.
“(4) ACCURACY OF THE IASA LIST.—To meet the need for the public to have timely and accurate information about the aviation safety oversight of foreign countries, the Administrator shall regularly review the activity of foreign air carriers serving the United States and carrying the code of a United States air carrier. Countries with no such operations for an extended period of time, as determined by the Administrator, will be removed from the public listings for inactivity, after advisement from the Secretary of Transportation and the Secretary of State.
“(5) TRAINING.—The Federal Aviation Administration shall use data, tools, and methods in order to ensure transparency and repeatable results of the assessments conducted under this subsection. The Federal Aviation Administration shall ensure that Federal Aviation Administration personnel are properly and adequately trained to carry out the assessments set forth in this subsection, including with respect to ICAO standards and their implementation by foreign countries.
“(6) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Administrator 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 on the assessments conducted under this subsection, including the results of any corrective action period.”.
SEC. 317. Changed product rule reform.
(a) In general.—Not later than 1 year after the date of enactment of this section, 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 any exception 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 codified 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 section, the Administrator shall provide to the appropriate committees of Congress a briefing on the FAA's implementation of the recommendations of the Changed Product Rule International Authorities Working Group, established under 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.
SEC. 318. Development of low-cost voluntary ADS-B.
(a) In general.—Not later than 24 months after the date of enactment of this section, the Administrator, working with representatives from industry groups, including pilots, aircraft owners, avionics manufacturers, and any others deemed necessary to offer technical expertise, shall develop a report regarding the development of a suitable position reporting system for voluntary use in airspace not mandated for Automatic Dependent Surveillance-Broadcast Out equipment and use (in this section referred to as “ADS–B Out”) by section 91.225 of title 14, Code of Federal Regulations, to facilitate traffic awareness.
(b) Requirements.—The report developed under subsection (a) shall—
(1) research and catalog equipment, standards, and systems (including international) relating to ADS-B Out available as of the date on which the report is submitted under subsection (c);
(2) address strengths and weaknesses of such equipment, standards, and systems, including with respect to costs;
(3) outline potential regulatory and procedural changes that may need to be undertaken by the FAA and other government entities, as well as equipment, standards, and systems that may need to be developed and required, to enable the development and voluntary use of equipment (existing or new) that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out;
(4) determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; and
(5) include a communication strategy that is targeted towards potential users and promotes the benefits of the position reporting solutions to enhance traffic awareness for voluntary use in airspace not mandated for ADS-B Out, when such technology is available for commercial use.
(c) Report to congress.—Not later than 30 day after the date on which the report developed under subsection (a) is finalized, the Administrator shall submit the report to the appropriate committees of Congress.
SEC. 319. 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 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 8, 2018.
(b) Regulations.—Not later than 180 days after the date of enactment of this section, the Administrator shall make such regulatory changes as are necessary as a result of the enactment of subsection (a).
SEC. 320. Safety management systems.
(a) Finding.—Congress finds that on January 11, 2023, the FAA released a notice of proposed rulemaking to update and expand the requirements for safety management systems.
(b) Scale of program requirements.—As the FAA reviews comments to the notice of proposed rulemaking described in subsection (a) and drafts the final rule, the Administrator shall ensure that safety management systems program requirements can be appropriately scaled to the size and complexity of each operator.
SEC. 321. Aviation safety information analysis and sharing program.
Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the FAA's progress with respect to the Aviation Safety Information Analysis and Sharing (ASIAS) program that—
(1) describes the phased approach the FAA is following to construct the ASIAS system;
(2) describes the efforts of the FAA to secure increased safety data from—
(A) commercial air carriers;
(B) general aviation operators;
(C) helicopter operators;
(D) unmanned aircraft system operators; and
(E) other aircraft operators; and
(3) provides a summary of the efforts of the FAA to address gaps in safety data provided from any of the classes of operators described in paragraph (2).
SEC. 322. Consistent and timely pilot checks for air carriers.
(a) Establishment of working group.—Not later than 180 days after the date of enactment of this section, subject to subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing, evaluating, and making recommendations on check pilot functions for air carriers operating under part 135 of title 14, Code of Federal Regulations.
(b) Membership.—
(1) IN GENERAL.—The working group required by this section shall include—
(A) employees of the FAA who serve as check pilots (as described in section 91.1089 of title 14, Code of Federal Regulations);
(B) representatives of air carriers operating under such part 135; and
(C) industry associations representing such air carriers.
(2) EXISTING WORKING GROUP.—The Administrator may assign the duties of the working group described in subsection (c) to an existing FAA working group if—
(A) the membership of the existing working group includes the members required under paragraph (1); or
(B) the members required under paragraph (1) are added to the membership of the existing working group.
(c) Duties.—The working group shall review, evaluate, and make recommendations on the following:
(1) Methods for approving check pilots for air carriers operating under such part 135.
(2) Actions required to ensure such air carriers are authorized an adequate number of check pilots to enable timely occurrence of pilot checks.
(3) Differences in qualification standards applied to—
(A) employees of the FAA who serve as check pilots; and
(B) check pilots of an authorized air carrier.
(4) Methods to standardize the qualification standards for check pilots, including check pilots who are employees of the FAA or of an authorized air carrier.
(5) Methods to improve the training and qualification of check pilots.
(6) Prior recommendations made by FAA advisory committees or working groups regarding check pilot functions.
(7) Petitions for rulemaking submitted to the FAA regarding check pilot functions.
(d) Briefing to Congress.—Not later than 1 year after the date on which the Administrator establishes the working group under subsection (a) (or tasks an existing FAA working group under subsection (b)(2) with the duties described in subsection (c)), the Administrator shall brief the appropriate committees of Congress on the progress and recommendations of the working group, as well as the Administrator's efforts to implement such recommendations.
SEC. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations.
(a) Establishment of working group.—Not later than 180 days after the date of enactment of this section, the Administrator shall establish a Part 135 Aircraft Conformity Working Group (in this section referred to as the “Working Group”). The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes for existing part 135 air carriers and operators in a timely manner and entering those aircraft into service.
(b) Membership.—The Working Group shall be comprised of representatives of the FAA, existing part 135 air carriers and operators, and associations or trade groups representing such class of air carriers or operators.
(c) Duties.—The Working Group shall consider all aspects of the current FAA processes for ensuring aircraft conformity and make recommendations to enhance those 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;
(2) streamlined protocols for part 135 operators to add an aircraft that was listed on another part 135 certificate immediately prior to moving to the new air carrier; and
(3) changes to FAA policy and documentation necessary to implement the recommendations of the Working Group.
(d) 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 Administrator's efforts 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. 324. Tower marking compliance.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on implementation of the requirements of section 2110 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note) (as amended by section 576 of the FAA Reauthorization Act of 2018 (Public Law 115–254, 132 Stat. 3391)).
(b) Requirements.—The briefing required by subsection (a) shall include the following:
(1) A description of, and timeframe for, the Administrator’s development of requirements to file notice of construction of meteorological evaluation towers and other renewable energy projects under the notice of proposed rulemaking RIN 2120-AK77.
(2) A description of the FAA’s use of existing publicly accessible databases to collect and make available information about certain structures that are required to, or voluntarily, file notice with the FAA.
(3) For the period beginning on July 15, 2016, and ending on the date the briefing required by subsection (a) is provided, a list of aircraft accidents during such period that are associated with covered towers (as such term is defined in section 2110(b)(1)(A) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note) that are not marked in accordance with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL).
SEC. 325. 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) $10,000,000 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;
“(iv) $250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024; or
“(v) $2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024;”;
(2) by striking paragraph (8) and inserting the following:
“(8) The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—
“(A) $400,000 if the violation was committed by a person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;
“(B) $50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2024;
“(C) $10,000,000 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;
“(D) $250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2024; or
“(E) $2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2024.”; and
(3) by adding at the end the following:
“(10) The maximum amounts authorized in clauses (iii) through (v) of paragraph (4)(A) and in subparagraphs (C) through (E) of paragraph (8) of this subsection shall be adjusted for inflation no less frequently than every 5 years.”.
SEC. 326. Civil penalties for whistleblower protection program violations.
Section 46301(d)(2) of title 49, United States Code, is amended by inserting “subchapter III of chapter 421,” before “chapter 441”.
SEC. 327. Flight service stations.
(a) Repeal.—Section 44514 of title 49, United States Code, and the item relating to that section in the analysis for chapter 445 of such title 49 are repealed.
(b) Conforming amendment.—Section 106(g)(1)(D) of title 49, United States Code, is amended by striking “44514,”.
SEC. 328. Technical assistance agreements.
Section 40104(b) of title 49, United States Code, is amended by adding at the end the following new paragraphs:
“(3) STATE-TO-STATE AGREEMENTS.—The Administrator shall promote efficient delivery of bilateral and multilateral engagement and technical assistance by waiving the requirement for State-to-State agreements for the provision of technical assistance and training 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.
“(4) DEFINITION.—In this subsection, the term ‘inherently governmental technical assistance and training’ means technical assistance and training that—
“(A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;
“(B) must be accomplished using agency expertise and authority; and
“(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) related training and exercises in support of aviation safety, efficiency, and security.”.
SEC. 329. Restoration of authority.
Ҥ 40119. Security and research and development activities
“(a) General requirements.—The Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure safety, security, and efficiency.
“(1) REGULATIONS PROHIBITING DISCLOSURE.—Notwithstanding the establishment of the Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, 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
“(C) be detrimental to transportation safety.
“(2) DISCLOSURE TO CONGRESS.—Paragraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information.
“(3) SENSITIVE SECURITY INFORMATION.—Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)—
“(A) to conceal a violation of law, inefficiency, or administrative error;
“(B) to prevent embarrassment to a person, organization, or agency;
“(C) to restrain competition; or
“(D) to 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, United States Code, 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.
“(c) Transfer 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 United States Government.”.
(b) 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 it had never been repealed by the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3186).
(c) Conforming amendments.—
(1) CHAPTER 401 ANALYSIS.—The analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following:
“40119. Security and research and development activities.”.
(2) OTHER AMENDMENTS.—Section 44912(d)(2)(A)(iii) of title 49, United States Code, is amended by striking “safety” and inserting “security”.
SEC. 330. Tarmac operations monitoring study.
(a) In general.—The Director of the Bureau of Transportation Statistics (referred to in this section as the “Director”), in consultation with other offices within the Office of the Secretary of Transportation and the FAA, shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports in the United States.
(b) Objectives.—The objectives of the study conducted under subsection (a) shall include:
(1) Determining the current state of ground source data coverage at airports in the United States.
(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 and developing ground-based tarmac delay statistics.
(4) Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.
(c) Pilot program.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Director shall establish a pilot program for the purposes of collecting data and developing ground-based tarmac delay statistics or other relevant statistics with respect to airports in the United States.
(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) terminate not more than 3 years after the date of enactment of this section; and
(C) be subject to any guidelines issued by the Director.
(d) Report.—Not later than 4 years after the date of enactment of this section, 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. 331. GAO report on cybersecurity of commercial aviation avionics.
(a) In general.—The Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework for aviation security as part of the FAA’s cybersecurity strategy.
(b) Contents of the review.—The review required by subsection (a) shall assess—
(1) how onboard aircraft cybersecurity risks and vulnerabilities are defined and accounted for in the strategy aviation security framework, particularly in pillar 2 of that framework to “protect and defend FAA networks and systems to mitigate risks to FAA missions and service delivery”;
(2) how onboard aircraft cybersecurity, particularly of the aircraft avionics, is considered, incorporated, and prioritized in the cybersecurity strategy pursuant to section 509 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note);
(3) how roles and responsibilities for aircraft and ground systems cybersecurity are differentiated and enforced between the Transportation Security Agency and the FAA;
(4) how aircraft and ground systems cybersecurity vulnerabilities are being identified and prioritized for mitigation, particularly considering the commercial technology ecosystem; and
(5) the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy those mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities.
(c) Report required.—Not later than 1 year after the date of the enactment of this section, 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 Government Affairs of the Senate.
SEC. 332. Securing aircraft avionics systems.
Section 506(a) of the FAA Reauthorization Act of 2018 (42 U.S.C. 44704 note) is amended—
(1) in the matter preceding paragraph (1), by striking “consider, where appropriate, revising” and inserting “revise, where appropriate, existing”;
(2) in paragraph (1), by striking “and” after the semicolon;
(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 require that software-based systems and equipment, including aircraft flight critical systems, be verified to ensure the software-based systems and equipment have not been compromised by unauthorized external and internal access.”.
SEC. 333. Maintenance data availability.
(a) In general.—The Administrator shall assign to the Aviation Rulemaking Advisory Committee the task of—
(1) performing a comprehensive review of previous and current FAA regulations and related internal and external guidance material related to instructions for continued airworthiness (in this section referred to as “ICA”); and
(2) developing and submitting to the Administrator recommendations for guidance or regulatory changes to—
(A) clarify the obligations of design approval holders to develop and make ICA available;
(B) create methods to identify and provide access to ICA; and
(C) create mechanisms to accept complaints, resolve disputes, and enforce obligations.
(b) Report to Congress.—Not later than 1 year after receiving the recommendations under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that describes such recommendations and the Administrator's plan, if any, to implement such recommendations.
SEC. 334. Study on airworthiness standards compliance.
(a) Study.—The Administrator shall conduct a study on the safety consequences of a transport airplane design approved by a domestic or foreign aviation manufacturer failing to comply with the applicable airworthiness standards. The study shall identify—
(1) each final airworthiness directive applicable to transport airplanes that was issued by the FAA in the 2-year period prior to the date of enactment of this section to address unsafe conditions resulting from the approval of designs that were non-compliant with an applicable airworthiness standard; and
(2) for each such airworthiness directive—
(A) the airworthiness standard with which the affected products failed to comply, as well as the resulting unsafe condition and whether such condition resulted in an accident;
(B) the methods by which the noncompliance was discovered and brought to the attention of the FAA;
(C) an analysis of whether the method used by the applicant to show compliance was acceptable and whether other compliance methods would have identified the noncompliance during the type certification process;
(D) the date of approval of the relevant type design and the date of issuance of the airworthiness directive;
(E) any corrective action mandated to address the identified unsafe condition;
(F) the period of time specified for the incorporation of the corrective action, during which the affected products were allowed to operate before the unsafe condition was corrected; and
(G) the total cost of compliance estimated in the final rule adopting the airworthiness directive.
(b) Coordination.—In conducting the study under subsection (a), the Administrator shall coordinate with, and solicit comments from, union representatives of the aviation safety engineers involved in the development of airworthiness directives.
(c) Report to Congress.—Not later than 1 year after the date of enactment of this section, 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) a description of any root cause of unsafe conditions identified by such study, as well as an identification of any action required to address any such root cause;
(3) the union representative comments solicited under subsection (b); and
(4) any other recommendations for legislative or administrative action determined appropriate by the Administrator.
(d) Definition of transport airplane.—For purposes of this section, the term “transport airplane” has the meaning given such term in FAA Notice N 8900.649, titled “Use of Air Carrier Pilots During Flight Standardization Board Evaluations for Transport Airplanes” (issued December 23, 2022).
SEC. 335. Fire protection standards.
(a) Internal regulatory review team.—
(1) ESTABLISHMENT.—Not later than 60 days after the date of enactment of this section, the Administrator shall establish an internal regulatory review team (in this section referred to as the “Team”).
(A) IN GENERAL.—Not later than 180 days after the date on which the Team is established, the Team shall conduct a review of foreign airworthiness standards and guidance for firewalls to determine best practices that should be adopted by the FAA and submit to the Administrator a report on the findings of such review.
(B) REQUIREMENTS.—In conducting the review, the Team shall—
(i) identify any significant differences in standards or guidance with respect to test article selection, fire test boundaries, and evaluation criteria for such tests, including the use of certification by analysis where substantially similar designs have passed burn tests;
(ii) assess the safety implications for any products imported into the United States that do not comply with the FAA’s firewall requirements; and
(iii) consult with industry stakeholders to the maximum extent practicable.
(b) Duties of the Administrator.—The Administrator shall—
(1) not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the FAA’s Significant Standards List based on such findings; and
(2) not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.
(a) Deadline for submissions to Congress.—Not later than 60 days after the date of enactment of this section, 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 study by the Airliner Cabin Environmental Research Center of Excellence on bleed air required by 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 by subsection (d) of such section.
(b) Rulemaking.—Not later than 1 year after such date of enactment, the Administrator may 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, with respect to incidents onboard aircraft involving oil and hydraulic fluid fume events. The rulemaking shall include, as necessary, the study and report required under subsection (a) and 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 smoke or fume events.
(2) A standardized FAA form and system for reporting incidents involving smoke or fume events onboard aircraft.
(3) The development of investigative procedures for the FAA to follow after receipt of a report of an incident involving an oil and hydraulic fluid event onboard aircraft in which at least 1 passenger or crew member required medical attention as a result of the incident.
(4) Installation onboard aircraft of detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.
The Administrator shall evaluate whether there are impacts to travelers due to poor air quality and bleed air inside Washington Dulles International Airport.
SEC. 338. Aircraft interchange agreement limitations.
(a) In general.—Not later than 6 months after the date of enactment of this section, the Administrator shall revise section 121.569 of title 14, Code of Federal Regulations, to include each of the provisions described in subsection (b).
(b) Provisions described.—The provisions described in this subsection are the following:
(1) A 30-day limit on foreign aircraft interchange agreements.
(2) A minimum break between foreign aircraft interchange renewals of 90 days.
(3) A limit of no more than 1 foreign aircraft interchange agreement between 2 airlines.
(4) A limit of no more than 2 foreign aircraft on the interchange agreement.
SEC. 339. Wildfire suppression.
(a) In general.—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, not later than 18 months after the date of enactment of this section, the Administrator shall promulgate an interim final 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) 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
(3) the noise standards described in part 36 of such title 14 shall not apply to such an operation.
(b) Surplus military aircraft.—In promulgating any rule under subsection (a), the Administrator shall not enable any aircraft of a type that has been manufactured in accordance with the requirements of, and accepted for use by, any branch of the United States Military and has been later modified to be used for wildfire suppression operations.
(c) Conforming amendments to FAA documents.—In promulgating an interim final rule under subsection (a), the Administrator shall amend FAA Order 8110.56, Restricted Category Type Certification (dated February 27, 2006), as well as any corresponding policy or guidance material, to reflect the requirements of subsection (a).
(d) Savings provision.—Nothing in this section shall be construed to limit the Administrator’s authority to take action otherwise authorized by law to protect aviation safety or passenger safety.
(e) Definitions.—For purposes of 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. 340. 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 section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the “National Academies”) under which the National Academies will conduct a 1-year study on the health and safety impacts, with respect to passengers and crewmembers during each season in which the study is conducted, of the temperature of a covered aircraft cabin falling outside of a temperature between 65 and 85 degrees Fahrenheit during all phases of flight operation.
(2) CONSULTATION.—In conducting the study required by paragraph (1), the National Academies shall consult with the FAA Civil Aerospace Medical Institute, air carriers operating under part 121 of title 14, Code of Federal Regulations, and applicable aviation labor organizations.
(3) FLIGHT OPERATION DEFINITION.—For purposes of paragraph (1), the term “flight operation” means the period beginning on the moment an individual boards the covered aircraft with the intention of work and duty related to the flight until such time as all such individuals have disembarked from the covered aircraft.
(b) Reports.—
(1) TO THE ADMINISTRATOR.—Not later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Administrator a report on the results of such study, together with recommendations determined appropriate by the National Academies.
(2) TO CONGRESS.—Not later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report describing the results of the study required by subsection (a), together with recommendations for further action deemed appropriate by the Administrator.
(c) Definition of covered aircraft.—For purposes of this section, the term “covered aircraft” means an aircraft operated under part 121 of title 14, Code of Federal Regulations.
SEC. 341. Part 135 pilot supplemental oxygen requirement.
Not later than 1 year after the date of enactment of this section, 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 only apply to aircraft operating at altitudes above flight level 410. In the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, as well as the investigations and recommendations of the National Transportation Safety Board.
SEC. 342. Crewmember pumping guidance.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to Part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during non-critical 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 that complying with the advisory circular will not require an air carrier or foreign air carrier to incur significant expense, such as through the addition of an extra crewmember in response to providing a break, removal or retrofitting of seats on the aircraft, or 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 Administrator’s authority over aviation safety under subtitle VII of title 49, United States Code.
SEC. 343. 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), in the matter preceding subparagraph (A), by striking “September 30, 2023” and inserting “September 30, 2028”; 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) Oversight of FAA compliance program.—Section 122 of division V of the Consolidated Appropriations Act, 2021 is amended—
(1) in subsection (c)(4), by striking “October 1, 2023” and inserting “October 1, 2028”; and
(2) in subsection (d), by striking “2023” and inserting “2028”.
(i) 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. 344. Report on the compliance of foreign regulators with Bilateral Aviation Safety Agreements.
(a) Study.—
(1) IN GENERAL.—The Administrator shall conduct a study on the extent to which foreign regulators are complying with Bilateral Aviation Safety Agreements, including agreements on honoring Federal Aviation Administration certified aircraft, parts, and systems.
(2) REQUIREMENTS.—The study conducted under paragraph (1) shall include—
(A) the identification of, and the tracking of concerns related to, foreign regulators that fail to comply with the spirit of Bilateral Aviation Safety Agreements;
(B) an analysis of the effect that noncompliance with such Agreements by foreign regulators has on manufacturers and supply chains;
(C) a description of the steps the Administrator is taking to enforce such Agreements; and
(D) other items 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 a report on the study conducted under subsection (a), together with recommendations for such legislation as the Administrator determines appropriate.
SEC. 345. Study on FAA use of mandatory Equal Access to Justice Act waivers.
(a) In general.—The Comptroller General shall conduct a study on the Administrator’s use of waivers of rights 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 that capacity). Such study shall consider—
(1) the frequency of the Administrator’s use of waivers described in this subsection;
(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.
(b) Cooperation with study.—The Administrator shall cooperate with the Comptroller General’s requests for information to complete the study described in subsection (a).
(c) 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 containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
SEC. 346. 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 wellbeing paramount; and
(2) such panel should consider including on the list of mandated contents of such medical kits Naloxone or another overdose reversal medication.
SEC. 347. Passenger aircraft first aid and emergency medical kit equipment and training.
The FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) is amended by striking section 307 and inserting the following:
“SEC. 307. Emergency medical equipment on passenger aircraft.
“(a) First aid and emergency medical kit equipment and training.—Not later than 2 years after the date of enactment of the ‘FAA Reauthorization Act of 2024’, 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 that part.
“(b) 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, the first aid and emergency medical kit equipment and training required for flight crewmembers, as well as any required training for flight crewmembers regarding the content, location, and function of such kit.”.
SEC. 348. Runway traffic alerting technology.
(a) Requirement.—Not later than 1 year after the date of enactment of this Act, the Aviation Rulemaking Committee of the FAA shall review and submit recommendations to the Administrator regarding whether transport airplanes should be equipped with runway traffic alerting technology that reduces the risk of collision on the runway with other traffic by providing the flight crew with both aural alerts and text alert messages.
(b) Definition.—In this section, 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 (MTOW) above 12,500 pounds or an all-cargo or combi derivative of such an airplane.
SEC. 349. Runway landing safety technology.
(a) Requirement.—Not later than 1 year after the date of enactment of this Act, the Aviation Rulemaking Committee of the FAA shall review and submit recommendations to the Administrator regarding whether transport airplanes should be equipped with a system that—
(1) while airborne, provides a clear and timely alert to the flight crew if the system-calculated required landing distance exceeds the landing distance available; and
(2) after touch-down, provides a clear and timely alert to the flight crew if increased deceleration is required to bring the aircraft to a safe stop before the end of the runway.
(b) Definition.—In this section, 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 (MTOW) above 12,500 pounds or an all-cargo or combi derivative of such an airplane.
SEC. 350. Hawaii Air Noise and Safety Task Force.
(a) Participation.—The FAA 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.—Not later than 18 months after the date of the first meeting of the task force described in subsection (a), the Administrator shall—
(1) issue an intent to proceed with proposed rulemaking;
(2) take other action sufficient to carry out feasible, consensus recommendations; or
(3) 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 or other action under subsection (b) and, if applicable, in developing the proposed rule 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.—The Administrator, in issuing the rule or carrying out the other action described in subsection (b), may take the following actions in the State of Hawaii:
(1) Set minimum altitudes for commercial air tours for the purpose of noise reduction, provided that such minimums do not negatively impact safety conditions.
(2) Set time-of-day restrictions on commercial air tours for the purpose of reducing noise disruptions, provided that such restrictions do not negatively impact safety conditions.
(3) Set limits on the number of flights in a certain area per unit of time.
(4) Require the use of quiet aircraft technology by commercial air tour operators conducting commercial air tours in the State of Hawaii.
(5) Prohibit hovering or circling in certain or all areas in the State of Hawaii.
(6) Prohibit commercial air tours in certain or all areas in the State of Hawaii.
(7) Establish certain required routes for commercial air tours in certain or all areas in the State of Hawaii.
(8) 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) Definitions.—In this section:
(1) COMMERCIAL AIR TOUR.—The term “commercial air tour” means a flight conducted for compensation or hire in an airplane or helicopter where the purpose of the flight is sightseeing.
(2) COMMERCIAL AIR TOUR OPERATOR.—The term “commercial air tour operator” means any person who conducts a commercial air tour.
SEC. 351. Improved safety in rural areas.
(a) In general.—Subtitle A of title III of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) is amended by striking section 322 and inserting the following:
“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, 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 that does not have a Meteorological Aerodrome Report (in this section referred to as ‘METAR’), and then to conduct an instrument approach at that destination if—
“(1) 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;
“(2) upon arrival and prior to commencing the 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
“(3) in the event the destination weather observation is below minimums, a suitable alternate airport that has a METAR is specified in the IFR flight plan.
“(b) Application template.—
“(1) IN GENERAL.—The Administrator shall develop an application template with standardized, specific approval criteria to enable FAA inspectors to evaluate the application of an air carrier objectively.
“(2) REQUIREMENTS.—The template required by paragraph (1) shall include an area 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 FAA 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 FAA cannot respond within 30 days, that the FAA 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 FAA rejects an application of an air carrier, the FAA shall inform the air carrier of the specific criteria that were the cause for rejection.”.
(b) Effective date.—The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this section.
SEC. 352. Alaska aviation safety initiative.
(a) In general.—Beginning on the date that is 1 year after the date of enactment of this section, and annually thereafter through fiscal year 2028, the Administrator shall submit to the committees of relevant jurisdiction of Congress a report on the FAA Alaska Aviation Safety Initiative (in this section referred to as the “FAASI”), including an itemized description of how the FAA budget meets the goals of the FAASI.
(b) GAO study on Alaska aviation safety.—
(1) STUDY.—The Comptroller General shall conduct a study to—
(A) examine the effectiveness of the FAASI to improve aviation safety, service, and infrastructure; and
(B) identify challenges within the FAA to accomplishing safety improvements.
(2) REPORT.—Not later than 2 years after the date of enactment of this section, the Comptroller General shall submit to the committees of relevant jurisdiction of Congress a report on the findings of the study under paragraph (1), together with recommendations for such legislative or administrative action as the Comptroller General deems appropriate.
(c) Committees of relevant jurisdiction of Congress definition.—In this section, the term “committees of relevant jurisdiction of Congress” means—
(1) the Committee on Commerce, Science, and Transportation of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Transportation and Infrastructure of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
SEC. 353. Reducing turbulence on part 121 aircraft operations.
Not later than 1 year after the date of enactment of this section, 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 an update to the appropriate committees of Congress if there are any actions the Administrator plans to take based on the recommendations in the report.
SEC. 354. Enhanced qualification program for restricted airline transport pilot certificate.
(a) Program.—
(1) IN GENERAL.—Not later than 6 months after the date of enactment of this section, 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) 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) 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. Such assessment shall include an evaluation of the pilot's aptitude, ability, and readiness for operation of transport category aircraft.
(4) 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
(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) 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) APPLICATION AND CERTIFICATION.—Under the Program, the Administrator shall establish a process for air carriers to apply for training program certification. Such 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) 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) 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.
(2) ELIGIBLE PILOT.—The term “eligible pilot” means a pilot that—
(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 14.
(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 14;
(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.
SEC. 355. Reauthorization of the National Transportation Safety Board.
Section 1118(a) of title 49, United States Code, is amended to read as follows:
“(a) In general.—There are authorized to be appropriated for the purposes of this chapter, $140,000,000 for fiscal year 2024, and $145,000,000 for each of fiscal years 2025 through 2028. Such sums shall remain available until expended.”.
TITLE IV—MODERNIZING THE NATIONAL AIRSPACE SYSTEM
SEC. 401. NextGen accountability task force.
(a) Establishment.—The Administrator shall establish a task force, to be known as the “NextGen Accountability Task Force” (referred to in this section as the “Task Force”) to provide recommendations on the most effective operational metrics that can be used to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the Next Generation Air Transportation System (NextGen) project.
(b) Membership.—
(1) IN GENERAL.—The Task Force shall be composed of, at a minimum, representatives from—
(B) trade associations representing avionics manufacturers;
(C) trade associations representing air carriers;
(D) trade associations representing business or general aviation operators;
(E) labor organizations representing air traffic controllers; and
(F) any other interested parties that the Administrator determines may provide expertise to and assist the Task Force in fulfilling its obligations.
(2) APPOINTMENT.—The Administrator shall appoint each member of the Task Force.
(3) VACANCIES.—A vacancy in the Task Force shall be filled in the manner in which the original appointment was made.
(c) Duties.—The Task Force shall —
(1) leverage current metrics used by the FAA to quantify the benefits of NextGen technology and investments;
(2) validate current and establish additional metrics for the FAA to track national airspace system throughput and savings due to NextGen investments by calculating a weighted average by distance, on a per flight basis—
(A) reduction and cumulative savings of track miles and time savings;
(B) reduction and cumulative savings of emissions and fuel burn;
(C) reduction of aircraft operation time; and
(D) any other metrics that the Administrator determines may provide quantifiable benefits for operators in the national airspace system; and
(3) validate current and establish metrics for the FAA to track and assess fleet equipage across operators in the national airspace system including—
(A) percentage of aircraft equipped with NextGen avionics equipment as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020;
(B) quantified costs and benefits for an operator to properly equip with baseline NextGen avionics equipment over the aircraft’s lifecycle; and
(C) cumulative unrealized NextGen benefits associated with rates of mixed equipage across operators.
(d) Report.—Not later than 270 days after the date of enactment of this section, the Task Force shall submit to the Administrator a report with its findings and recommendations and metrics developed pursuant to subsections (a) and (c).
(e) Public display.—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 present, track, and update through 2030—
(1) the metrics recommended and established by the Task Force on a quarterly and annual basis depending on the metric; and
(2) the total amount invested in NextGen technologies and resulting quantifiable benefits on a quarterly basis until the Administrator declares the completion of NextGen implementation.
(f) Federal Advisory Committee Act.—Chapter 10 of title 5, United States Code (commonly known as the “Federal Advisory Committee Act”), shall not apply to the Task Force.
(g) Sunset.—The Task Force shall terminate on the date on which the Administrator receives the report required under subsection (d).
SEC. 402. Use of advanced surveillance in oceanic airspace.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Administrator shall develop a plan to—
(1) coordinate with counterparts at air navigation service providers in airspace that is adjacent to United States airspace or international airspace delegated to the United States to—
(A) adopt reduced separation standards in oceanic airspace;
(B) implement procedures that will permit user preferred routes to increase fuel efficiency and reduce greenhouse gas emissions; and
(C) exercise leadership in setting global standards by harmonizing the safety and efficiency of air traffic operations in airspace neighboring any airspace delegated to the United States; and
(2) utilize Automatic Dependent Surveillance-Broadcast (ADS-B) relay service within United States airspace or international airspace delegated to the United States for—
(A) positive air traffic control, including separation of aircraft by implementing the ICAO Advanced Surveillance-Enhanced Procedural Separation standard;
(B) air traffic flow management;
(D) accident investigation; and
(b) Report.—Not later than 120 days after the date on which the Administrator completes development of the plan required by subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that—
(1) details the actions the Administrator shall take to implement the plan, including specifying the required technical system upgrades, operational procedure modifications, new training requirements, and a transition plan;
(2) details a schedule with milestones for implementation of the use of advanced surveillance systems or services and coordination of such use with international air service navigation providers; and
(3) describes any anticipated safety enhancements, fuel and operating cost savings, and reduction in carbon emissions of aircraft operating through airspace in which such advanced surveillance systems or services are used.
SEC. 403. GPS monitoring pilot program.
(a) Establishment.—The Administrator shall conduct a pilot program to evaluate technologies to detect, measure, and locate disrupting sources of interference to the GPS Standard Positioning Service in order to mitigate the impacts on air commerce and other related government and civilian functions within the air traffic management ecosystem.
(b) Evaluation of technologies.—
(1) TYPES OF TECHNOLOGIES.—The pilot program shall evaluate commercially available technologies, as well as technologies under development by the FAA, the Department of Transportation, the Department of Defense, the Department of Homeland Security, and the National Aeronautics and Space Administration.
(2) SCOPE.—The pilot program shall consider technologies that have both physical electronics equipment and software components, as well as technologies with only software components.
(c) Number of evaluation sites.—The pilot program shall evaluate technologies for the purposes described in subsection (a) at not less than 5, and not more than 7, airports unless the Administrator determines that additional evaluation sites are needed to carry out the pilot program.
(d) Location of evaluation sites.—
(1) IN GENERAL.—The pilot program shall be conducted at each of the following types of airports:
(A) A primary airport in Class B airspace.
(B) A primary airport in Class C airspace.
(C) A primary airport in Class D airspace.
(D) An airport in Class E airspace.
(2) DOCUMENTED INTERFERENCE.—In determining whether an airport should be an evaluation site for the pilot program, the Administrator shall consider airports described in paragraph (1) that have experienced documented instances of interference to the GPS Standard Positioning Service during the 5-year period ending with the date of enactment of this section.
(e) Private sector participation.—The Administrator shall collaborate with the private sector, including providers of technology that can cost-effectively implement a capability to potentially mitigate the impacts of GPS Standard Positioning Service interference on air commerce.
(f) Congressional briefings.—Beginning 12 months after the date of enactment of this section, and annually thereafter until the date on which the report required by subsection (g) is submitted, the Administrator shall provide the appropriate committees of Congress with a briefing summarizing the status of, and findings from, the pilot program.
(g) Report.—Not later than 180 days after the date on which the pilot program is terminated, the Administrator shall provide a report to the appropriate committees of Congress on the results of the pilot program.
(h) GPS Standard Positioning Service defined.—In this section, the term “GPS Standard Positioning Service” has the meaning given such term in section 2281(d)(2) of title 10, United States Code.
SEC. 404. Runway safety technologies.
(a) Study.—The Administrator shall conduct a study of runway safety incidents and accidents at airports in the United States and identify technologies that may prevent or reduce the risk of such incidents and accidents.
(b) Report.—Not later than 9 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a) that includes the following:
(1) Recommendations for preventative measures, including process changes and identification of available technologies, to mitigate the risks of runway safety incidents and accidents at or near airports in the United States.
(2) Recommendations for additional airports in the United States, based on a risk-based analysis, that would be viable candidates for installation of runway safety technologies.
(3) The FAA's timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by the Airport Surface Detection System - Model X (ASDE-X) and the Airport Surface Surveillance Capability (ASSC) legacy surveillance systems, and implementing runway safety technologies at airports currently without surface surveillance systems, as needed to improve runway safety.
(4) An explanation of the decision-making process used by the FAA to determine whether to introduce runway safety technologies, like ASDE-X, ASSC, or other appropriate surface surveillance systems, at additional airports.
(c) Briefings.—Following the submission of the report under subsection (b) and annually thereafter, the Administrator shall brief the appropriate committees of Congress on the progress of the action plan under subsection (b)(3), including on the—
(1) status of implementing new surface surveillance systems at additional airports; and
(2) justification for delaying or not implementing additional surface surveillance systems at airports identified by the Administrator under subsection (b)(2).
SEC. 405. Flight profile optimization.
(a) Pilot program.—
(1) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this section, 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 FAA's trajectory based-operations air traffic flow management system.
(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 a 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 FAA’s performance in carrying out air traffic flow management system development projects.
(D) Any other information the Administrator deems appropriate.
(3) 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 time, in such manner, and containing such information as the Administrator may require.
(4) MAXIMUM AMOUNT.—A grant awarded under the program shall not exceed $2,000,000 to a single air traffic flow management technology provider.
(b) Briefing to Congress.—Not later than 180 days after the establishment of the pilot program under subsection (a), and annually thereafter until the termination of the pilot program, the Administrator shall brief the appropriate committees of Congress on the progress of the pilot program under this section, including any implementation challenges of the program, detailed metrics of the program, and any suggested action to achieve the adoption of FPO.
(c) Definition of trajectory-based operations.—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.
SEC. 406. STARS remote surveillance displays.
(a) Certification.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall define minimum performance and technical requirements in order to provide a mechanism to certify a commercial radar display capable of displaying primary and secondary radar targets for use by controllers in FAA Contract Tower program towers.
(2) STARS.—With respect to a Standard Terminal Automation Replacement System or any equivalent system procured directly from an original equipment manufacturer (in this section referred to as an “OEM”), the Administrator shall move expeditiously to certify such systems for Federal contract towers and identify such systems by issuing an advisory circular regarding the certification of such systems.
(3) MINIMUM EQUIPMENT LIST.—The FAA may add Standard Terminal Automation Replacement System equipment to the minimum level of equipage necessary for Federal contract towers to perform their function, as applicable.
(b) Installation and maintenance.—Not later than December 31, 2025, the Administrator shall allow airports to—
(1) procure, install, and maintain a Standard Terminal Automation Replacement System or any equivalent system through the FAA; or
(2) purchase a Standard Terminal Automation Replacement System or any equivalent system and installation and maintenance services directly from an OEM.
SEC. 407. Audit of legacy systems.
(a) In general.—Not later than 120 days after the date of enactment of this section, the Administrator shall initiate an audit of all legacy systems to determine their level of operational risk, functionality, security, and compatibility with current and future technology.
(b) Scope of audit.—The audit required by subsection (a)—
(1) shall be conducted by an independent third-party contractor or a Federally funded research and development center (FFRDC) selected by the Administrator;
(2) shall include an assessment of whether a legacy system is outdated, insufficient, unsafe, or unstable, as defined in subsection (f); and
(3) with respect to any legacy systems identified in the audit as outdated, insufficient, unsafe, or unstable, shall include—
(A) an analysis of the operational risks associated with using such legacy systems;
(B) recommendations for replacement or enhancement of such legacy systems; and
(C) an analysis of any potential impact on aviation safety and efficiency.
(c) Deadline.—Not later than December 31, 2025, the audit required by subsection (a) shall be completed.
(d) Report.—Not later than 180 days after the audit required by subsection (a) is completed, the Administrator shall provide a report to the appropriate committees of Congress on the audit's findings and recommendations, including—
(1) an inventory of the legacy systems in use;
(2) an assessment of the operational condition of the legacy systems in use; and
(3) the average age of in-service legacy systems and, for each legacy system in use, the intended design life of the system, by type.
(e) Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems.—
(1) IN GENERAL.—Not later than 120 days after the date on which the Administrator provides the report required by subsection (d), the Administrator shall initiate a plan, in coordination with industry, to accelerate drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required by subsection (a) as outdated, insufficient, unsafe, or unstable.
(2) PRIORITIES.—The Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to air safety and the costs associated with the replacement or enhancement of such legacy systems.
(3) COLLABORATION.—The Administrator shall work with industry to develop a plan to replace or enhance the identified legacy systems within a reasonable timeframe.
(4) PROGRESS UPDATES.—The Administrator shall provide the appropriate committees of Congress with semi-annual updates on the progress made in replacing or enhancing the identified legacy systems.
(f) Definitions.—In this section:
(1) INDUSTRY.—The term “industry” means the aviation industry, limited to organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization (ICAO) standards.
(2) LEGACY SYSTEMS.—The term “legacy systems” means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure owned by the FAA that were deployed prior to the year 2000, including the Notice to Air Missions (NOTAM) system.
(3) OUTDATED, INSUFFICIENT, UNSAFE, OR UNSTABLE.—The term “outdated, insufficient, unsafe, or unstable” means a legacy system for which the likelihood of failure creates a risk to air safety or security due to the legacy system's age, ability to be cost-effectively maintained, or any other factors that may compromise the performance or security of the legacy system. Such term includes a legacy system with a risk of a single point of failure or that lacks sufficient back-up capability in the event of a failure.
SEC. 408. Aeronautical mobile communications services.
(a) Satellite voice communications services.—The Administrator shall evaluate the addition of satellite voice communication services (referred to in this section 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) Analysis and implementation procedures.—Not later than 120 days after the date of enactment of this Act, the Administrator shall begin to develop the safety case analysis and stated implementation procedures for SatVoice instructions over the FAA’s controlled oceanic and remote continental airspace regions.
(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) Collaboration with the International Civil Aviation Organization in defining Satcom Standards and Recommended Practices (SARPs), which shall include an RCP-130 performance standard as well as SatVoice standards.
(4) Training of radio operators on new operation procedures and protocols.
(5) A phased implementation plan for incorporating SatVoice services into the AMCS program.
(6) The estimated cost of the implementation procedures for relevant stakeholders.
(d) HF/VHF minimum equipage.—The addition of SatVoice capability as an added means of communication in oceanic and remote continental airspace shall in no way affect the current HF/VHF equipage requirement for communications in such airspace. The Administrator shall maintain existing HF/VHF services as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.
SEC. 409. Low-altitude routes for vertical flight.
(a) Sense of Congress.—It is the sense of Congress that the national airspace system requires additional rotorcraft, including advanced air mobility aircraft, low-altitude instrument flight rules routes leveraging advances in performance based navigation to operate on direct, safe, and reliable routes that ensure sufficient separation from higher altitude fixed wing aircraft traffic.
(b) Low-altitude rotorcraft instrument flight routes.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall initiate a rulemaking process to—
(A) incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure; and
(B) prioritize the development of new helicopter area navigation (RNAV) instrument flight rules routes, acting through notice and comment rulemaking, as part of the United States air traffic service route (ATS) structure that utilize performance based navigation, such as Global Positioning System (GPS) and Global Navigation Satellite System (GNSS) equipment.
(2) CONSULTATION.—In carrying out the rulemaking process under paragraph (1), the Administrator shall consult with—
(A) stakeholders in the airport, heliport, rotorcraft manufacturer, rotorcraft operator, general aviation operator, commercial air carrier, and performance based navigation technology manufacturer sectors;
(B) the United States Helicopter Safety Team; and
(C) other stakeholders determined appropriate by the Administrator.
SEC. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program.
(a) Study and briefing on ADS-B out equipage.—
(1) STUDY.—Not later than 90 days after the date of enactment of this section, the Administrator shall initiate a study to determine—
(A) the number of aircraft registered in the United States and other devices operating in the airspace of the United States that are not equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) out equipment;
(B) the requirements for and impact of expanding the dual-link architecture that is used below an altitude of FL180 to any altitude below the current radar floor;
(C) the costs and benefits of equipage; and
(D) the cost and benefits of any accommodation made for aircraft with inoperable ADS-B out equipment.
(2) ANNUAL BRIEFINGS.—Not later than 1 year after the date of enactment of this section, and annually thereafter through 2025, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1), including any updates thereof.
(b) Vehicle-to-Vehicle link program.—Not later than 270 days after the date of enactment of this section, 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 programs that—
(1) enable the real-time digital exchange of key information between nearby aircraft; and
(2) are not reliant on ground infrastructure or air-to-ground communication links.
SEC. 411. 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.—
“(1) CERTAIN NEXTGEN AVIONICS.—The term ‘certain NextGen avionics’ means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 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 “March 8, 2024” and inserting “September 30, 2028”.
SEC. 412. NextGen equipage plan.
(a) Plan.—
(1) IN GENERAL.—The Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics in the active commercial and regional fleet of the national airspace system.
(2) CONTENTS.—The plan required under paragraph (1) shall, at a minimum, evaluate and consider recommendations to—
(A) provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage across the active fleet for commercial and regional aircraft;
(B) identify any remaining barriers for operators to properly equip with certain NextGen avionics, including any methods to address such barriers;
(C) provide for the use of the best methods to highlight and enhance the benefits realizable by operators equipping with certain NextGen avionics; and
(D) include any equipage guidelines and regulations the Administrator deems 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) labor organizations representing air traffic controllers; and
(D) any other representatives the Administrator determines appropriate.
(b) Submission of plan.—Not later than 1 year after the date of enactment of this section, the Administrator shall consider the recommendations under subsection (a) and submit to the appropriate committees of Congress the plan required under subsection (a).
(c) Rulemaking.—Not later than 180 days after the date on which the plan required under subsection (a) is submitted to the appropriate committees of Congress under subsection (b), the Administrator shall, if the Administrator determines appropriate, initiate a rulemaking proceeding to address one or more of the recommendations contained in the plan.
(d) Definition.—In this section the term “certain NextGen avionics” means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020.
SEC. 413. Performance based navigation report and utilization plan.
(a) Report on performance based navigation.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall publish on the website of the FAA a progress report on the utilization, implementation, and operational benefits of performance based navigation (in this section referred to as “PBN”) procedures of the FAA within the national airspace system.
(2) CONTENTS.—The report shall include, at a minimum, a detailed implementation plan with respect to the recommendations made by—
(A) the PBN Clarification Ad Hoc Team, NextGen Advisory Committee (in this section referred to as the “NAC”) Task 19-4 Report completed in November 2020;
(B) the Final Report of the Major Air Carrier Performance Based Navigation (PBN) Way Forward Workgroup for the FAA’s PBN Clarification Tasking to the NAC dated June 2020;
(C) the NAC Subcommittee Update on Opportunities dated June 2020;
(D) the Barriers to Established on Required Navigation Performance Procedures dated November 2019; and
(E) the FAA Reauthorization Act of 2018, Section 547 Enhanced Air Traffic Services, NAC Task 20-3 Report dated March 2021.
(b) Utilization action plan.—180 days after the completion of the report under subsection (a), the Administrator shall, in consultation with representatives of air traffic controllers, develop an action plan to utilize PBN as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system.
(c) Briefing.—Not later than 1 year after the development of the action plan under subsection (b), and annually thereafter, the Administrator shall submit to appropriate committees of Congress a report on the implementation of the action plan, including the utilization rate of PBN as a primary means of navigation.
SEC. 414. Air traffic control facility realignment study.
(a) Examination.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment, the Administrator shall contract with a Federally funded research and development center to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management.
(2) CONTENTS.—The examination shall:
(A) Evaluate the potential efficiencies that may result from a reorganization.
(B) Identify whether certain areas prone to congestion or staff shortages would benefit from enhanced flexibilities.
(C) Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment.
(3) CONSULTATION.—In carrying out this section, the Federally funded research and development center shall consult with representatives of labor organizations representing air traffic control system employees of the FAA.
(b) Reports.—
(1) TO THE ADMINISTRATOR.—Not later than September 30, 2025, the Federally funded research and development center shall submit to the Administrator a report regarding the examination under subsection (a), along with recommendations related to consolidation or reorganization of FAA-owned air traffic control work facilities and locations.
(A) BRIEFING.—Not later than 60 days after receiving the recommendations under paragraph (1), the Administrator shall brief the appropriate committees of Congress.
(B) REPORT.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study under subsection (a) and any recommendations related to consolidation or reorganization of FAA-owned air traffic control work facilities and locations.
SEC. 415. Update of FAA standards to allow distribution and use of certain restricted routes and terminal procedures.
Not later than 6 months after the date of enactment of this section, the Administrator shall update FAA standards to allow distribution and use of the Capstone Restricted Routes and Terminal Procedures by modern Wide Area Augmentation System (WAAS) equipped navigation equipment. The updated FAA standards shall provide a means for allowing modifications and continued development of new routes and procedures proposed by air carriers operating such routes.
SEC. 416. Protection of safe and efficient use of airspace at airports.
(a) 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 airport’s FAA-approved Airport Layout Plan (ALP)) 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 an airport’s capacity, 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 FAA.
(4) Impacts to visual flight rule (VFR) traffic patterns for both fixed and rotary wing aircraft, inclusive of special VFR 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 these projects and plans.
(b) 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 airport’s runway ends and runway centerlines as depicted in the FAA-approved Airport Layout Plan is limited to a singular location on a property.
(2) If there are any changes or addition of equipment, such as cranes used to construct a building, to such designs 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) Expiration.—Unless extended, revised, or terminated, each determination of no hazard issued by the Administrator under part 77 of title 14, Code of Federal Regulations, expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier. If expired, such determinations are no longer valid with regard to whether a proposed construction or alteration would be a hazard to air navigation.
(d) Authority to consolidate OEI surface criteria.—The Administrator may develop a single set of One Engine Inoperative (OEI) surface criteria that is specific to an airport. 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 later than 6 months after the date of enactment of this section, the Administrator shall brief Congress regarding the status of the FAA’s efforts to protect OEI 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 (OE/AAA) 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. 417. 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.—
(1) IN GENERAL.—The applicable Administrators shall make available on a publicly available internet website the following:
(A) The service status of all ASOS/AWOS.
(B) 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 internet website for the reporting of ASOS/AWOS outages to be utilized by commercial aviation, airports, and other industry interests as determined by the applicable Administrators.
(2) DATA FILES.—The Administrators described in subsection (a) shall make available the underlying data in paragraph (1) for each ASOS/AWOS in a machine-readable format.
(c) Applicable Administrators.—In this section, the term “applicable Administrators” means—
(1) the Administrator of the Federal Aviation Administration; and
(2) the Administrator of the National Oceanic and Atmospheric Administration.
SEC. 418. Upgrading and replacing aging air traffic systems.
(a) Study.—
(1) IN GENERAL.—Pursuant to the authority of authorized expenditures in section 48101(c)(1) of title 49, United States Code, not later than 60 days after the date of enactment of this Act, the Administrator shall 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”).
(2) CONTENTS.—The study conducted under paragraph (1) shall include an analysis of—
(A) the age of each ASOS/AWOS;
(B) the number of days in the immediate preceding calendar year that each 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; and
(I) any other area determined appropriate by the Administrator.
(b) Report.—Not later than 18 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a). Such report shall include—
(1) a plan for executing upgrades to or replacements of existing ASOS/AWOS;
(2) a plan for converting and upgrading existing ASOS/AWOS communications to the FAA Telecommunications Infrastructure;
(3) an assessment of the use of unmonitored Navigational Aids (NAVAIDs) to allow for alternate airport planning for commercial and cargo aviation to limit ASOS/AWOS service disruptions;
(4) 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) any other item determined appropriate by the Administrator.
(c) Application.—The study under subsection (a) and the report under subsection (b) shall only address ASOS/AWOS located in non-contiguous States.
SEC. 419. Washington, D.C. Metropolitan Area Special Flight Rules Area.
(a) Submission of plan 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 plan for the Special Flight Rules Area and the Flight Restricted Zone.
(b) Contents of plan.—The plan described in subsection (a) shall outline 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 VHF radio for the purposes of receiving an instrument flight rules (“IFR”) 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 IFR 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 VFR 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 those 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 in section 91.153 of title 14, Code of Federal Regulations) that includes search and rescue services.
TITLE V—AVIATION WORKFORCE
subtitle A—Civil Aviation Workforce
SEC. 501. Aviation workforce development grants.
(a) In general.—Section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended—
(A) in paragraph (1), by striking “and” at the end;
(B) in paragraph (2), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(3) a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce.”;
(A) in paragraph (1), by striking “2023” each place it appears and inserting “2028”;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following new paragraph:
“(2) ADDITIONAL FUNDING.—In addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated—
“(A) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1);
“(B) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); and
“(C) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3).”;
(D) in paragraph (3), as redesignated by subparagraph (B), by inserting “(or, in the case of fiscal years 2024 through 2028, $1,000,000)” after “$500,000”; and
(E) by adding at the end the following:
“(4) SET ASIDE FOR TECHNICAL ASSISTANCE.—The Secretary, in consultation with the Secretary of Education, may set aside up to 2 percent of the funds appropriated to carry out this section for each of fiscal years 2024 through 2028 to provide technical assistance to accredited institutions of higher education and post-secondary vocational institutions applying for a project grant under this section.
“(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—
“(A) provide an assurance—
“(i) to use grant funds to encourage the participation of populations that are underrepresented in the aviation industry, including women, minorities, and individuals in economically disadvantaged geographic areas and rural communities, including to address the workforce needs of rural and regional airports; or
“(ii) to strengthen aviation programs at a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))), a public institution of higher education, or a public postsecondary vocational institution.”;
(A) in paragraph (1)(B), by inserting “, a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),” after “(20 U.S.C. 1001))”;
(B) in paragraph (2)(B), by inserting “, a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002),” after “(20 U.S.C. 1001))”; and
(C) by adding at the end the following new paragraph:
“(3) An application for a grant under the program established under subsection (a)(3) shall 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, or a credible applicant for such a certificate as determined by the Secretary;
“(B) an accredited institution 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 of the Higher Education Act of 1965 (20 U.S.C. 1002)), or a high school or secondary school (as defined in section 7801 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and
“(C) a State or local governmental entity.”;
(4) by striking subsection (d) and inserting the following:
“(d) Eligible projects.—For purposes of a program established under subsection (a), an eligible project is a project—
“(1) to create and deliver a program designed to provide high school students and students at institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001)) with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a));
“(2) to support the professional development of teachers and other educators implementing a program described in paragraph (1);
“(3) to establish new educational programs that teach technical skills used by aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including purchasing equipment, or to improve existing such programs;
“(4) to establish scholarships or registered apprenticeships for individuals pursuing employment as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a));
“(5) to support outreach about careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)) to—
“(A) students enrolled at a primary, secondary, or post-secondary school or a minority-serving institution (as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); or
“(B) communities underrepresented in the applicable industry, including women, minorities, and individuals in economically disadvantaged geographic areas and rural communities;
“(6) to support educational opportunities in both urban and rural areas;
“(7) to support transition to careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including for veterans and members of the Armed Forces; or
“(8) to otherwise enhance or expand the aircraft pilot, aerospace engineer, unmanned aircraft system operator workforces, aviation maintenance technical worker, or aviation manufacturing technical worker workforces.”;
(i) by inserting “aviation manufacturers,” after “repair stations,” and
(ii) by striking “and” at the end;
(B) in paragraph (2), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(3) give priority to applicants who partner with, or establish links between, secondary schools and post-secondary schools and who work collaboratively or participate in industry or sector partnerships.”; and
(6) by adding at the end the following new subsection:
“(f) Consultation with the Secretary of Education.—The Secretary may consult with the Secretary of Education in—
“(1) developing the design of the grant application under this section;
“(2) reviewing and selecting applications for grants for eligible projects under this section; and
“(3) establishing considerations regarding program quality and measurement of student outcomes.”.
(b) Conforming amendment.—Section 48105 of title 49, United States Code, is amended—
(1) in paragraph (4), by striking “2023” and inserting “2028”; and
(2) by striking paragraph (5).
(c) National strategic plan for aviation workforce development.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including—
(A) any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and
(B) any situation or condition that warrants special attention by the Federal Government.
(2) REQUIREMENTS.—The national strategic plan established under paragraph (1) shall—
(A) take into account the activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such national strategic plan;
(B) include recommendations for how the Federal Government can conduct outreach to historically underserved communities in the development of the aviation talent pipeline as part of the national strategic plan; and
(C) include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan.
SEC. 502. Women in Aviation Advisory Committee.
(a) Establishment.—There is established within the Department of Transportation the Women in Aviation Advisory Committee (in this section referred to as the “Committee”).
(b) Membership.—
(A) IN GENERAL.—Subject to subparagraph (C), the Committee shall be composed of up to 16 members appointed by the Secretary, including representatives from the following:
(i) Passenger and cargo air carriers operating under part 121 of title 14, Code of Federal Regulations.
(ii) Aircraft manufacturers and aerospace companies.
(iii) Nonprofit organizations within the aviation industry, including at least 1 State aviation agency.
(iv) Airport operators and employees.
(v) Aviation business associations.
(vi) Engineering business associations.
(vii) United States Air Force Auxiliary, Civil Air Patrol.
(viii) Institutions of higher education and aviation trade schools.
(ix) The Department of Labor.
(x) The Department of Education.
(xi) Nonprofit labor organizations representing aviation workers, including organizations representing aviation maintenance workers and pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations.
(B) DATE.—The appointments described in subparagraph (A) shall be made not later than 9 months after the date of enactment of this section.
(C) EX OFFICIO MEMBERS.—The Secretary shall appoint 1 member from the Office of Civil Rights of the FAA to serve in an ex officio capacity.
(2) SUBCOMMITTEES.—The Committee may establish subcommittees as the Committee determines appropriate.
(3) CHAIR; SUBCOMMITTEE CHAIRS.—The Committee—
(A) shall select a Chair from among the members of the Committee; and
(B) may select subcommittee chairs from among the members of the Committee, as the Committee determines appropriate.
(A) IN GENERAL.—Each member of the Committee shall serve until the termination date described in subsection (e).
(i) DEATH OR RESIGNATION.—If a member of the Committee dies or resigns during their term of service, the Secretary shall designate a successor for the unexpired term of such member.
(ii) EXPIRED TERM.—Any member of the Committee whose term of office has expired shall continue to serve as a member until their successor is appointed by the Secretary.
(5) ADMINISTRATIVE SUPPORT.—The Secretary shall furnish the Committee logistical and administrative support to enable the Committee to perform its duties.
(6) COMPENSATION.—Each member of the Committee shall serve without compensation.
(c) Duties.—
(1) ADVISORY ROLE.—The Committee—
(A) shall advise the Secretary and the Administrator on matters related to promoting women in the aviation industry, including education, training, recruitment, retention, and career advancement;
(B) shall review and update the recommendations directed to FAA and non-FAA entities produced by the Advisory Board created under section 612 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and recommend how to engage with those entities to improve the implementation of such recommendations;
(C) shall coordinate with the Department of Transportation Office of Civil Rights and the FAA's Federal Women's Program to not duplicate the objectives of such program; and
(D) shall not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee.
(A) ANNUAL REPORT.—Not later than October 31 of the first calendar year beginning after the date on which the Committee is established under subsection (a), and annually thereafter, the Committee shall submit to Congress, the Secretary, and the Administrator a report that contains a detailed statement of the Committee's recommendations under subparagraphs (A) and (B) of paragraph (1), together with the recommendations of the Committee for such legislation and administrative actions as the Committee considers appropriate.
(B) ADDITIONAL REPORTS.—The Committee may submit to Congress, the Secretary, and the Administrator additional reports and recommendations related to education, training, recruiting, retaining, and advancing women in the aviation industry as the Committee determines appropriate.
(d) Review of recommendations.—Not later than 60 days after the date on which the Secretary receives a report from the Committee under subsection (c)(2), the Secretary shall submit to Congress a report that indicates—
(1) which recommendations of the Committee that the Secretary has determined the Department of Transportation is able to address and provide an update regarding the implementation of such recommendations on an annual basis; and
(2) which such recommendations the Secretary is not able to implement (including any recommendations for legislation) and a rationale for that determination.
(e) Sunset.—The Committee shall terminate on September 30, 2028.
SEC. 503. Study of high school aviation maintenance training programs.
(a) Study.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Comptroller General shall initiate a study to assess the aviation maintenance technician workforce pipeline in the United States, as well as any barriers for students enrolled in high school aviation maintenance programs with respect to—
(A) entering airframe and powerplant mechanic programs; or
(B) accessing pathways to mechanic certification.
(2) CONTENTS.—The study required under paragraph (1) shall assess the following:
(A) The number of high school aviation maintenance programs in the United States and the typical career outcomes for graduates of such programs.
(B) The extent to which high school aviation maintenance programs offer curricula that align with FAA mechanic airman certification standards.
(C) The opportunities afforded to students enrolled in alternative or high school maintenance programs partnered with aviation maintenance technician schools (as described in section 147.15 of title 14, Code of Federal Regulations).
(D) Alternate paths to a certificated aviation maintenance technician school for the fulfillment of the experience requirements described in section 65.75(c) of such title 14.
(E) Any barriers to entry associated with—
(i) developing and attaining the knowledge and experience requirements described in section 65.75 and section 147.31 of such title 14; or
(ii) access to the mechanic certification process.
(F) The level of engagement between the FAA and high school aviation maintenance programs with respect to developing curricula that assist with building foundational knowledge and skills necessary to attain FAA mechanic certifications and associated ratings.
(G) Any barriers to accessing the general knowledge test described in section 65.71(a)(3) of such title 14.
(H) Whether allowing mechanic certificate applicants to take the general knowledge test prior to such applicants meeting the relevant experience requirements would present a safety risk.
(I) Whether regulatory changes could reduce any barriers described in this paragraph.
(b) Report.—Not later than 2 years after the date of enactment of this section, the Comptroller General shall provide to the Administrator and the appropriate committees of Congress a report and briefing on the findings of the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Comptroller General deems appropriate.
SEC. 504. Military aviation maintenance technicians rule.
(a) Streamlined certification for eligible military maintenance technicians.—Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that revises part 65 of title 14, Code of Federal Regulations, to—
(1) create a military mechanic written competency test; and
(2) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a mechanic certificate with airframe or powerplant ratings; and
(3) 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 (in this section referred to as a “DME”) for eligible military maintenance technicians.
(b) Aeronautical knowledge subject areas.—
(1) IN GENERAL.—The military mechanic written competency test and Airman Certification Standard described in subsection (a) shall focus on the aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards, as appropriate to the rating sought.
(2) IDENTIFICATION OF SUBJECT AREAS.—The aeronautical knowledge subject areas shall be identified and recommended to the Administrator, in consultation with industry stakeholders, through the FAA Aviation Rulemaking Advisory Committee Airman Certification System Working Group.
(c) Expansion of testing locations.—Not later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing, as well as how to implement such expansion.
(d) Outreach and awareness.—Not later than 1 year after the date of enactment of this section, 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—
(1) the services made available by the JSAMTCC; and
(2) the military mechanic written competency test established under subsection (a).
(e) Report.—Not later than 180 days after the date on which the Administrator issues the final rule under subsection (a), the Administrator shall submit 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 report on the activities carried out under this section, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.
(f) Eligible military maintenance technician defined.—For purposes of this section, the term “eligible military maintenance technician” means an individual who is a current or former maintenance technician who was honorably discharged or has retired from the United States Armed Forces (as defined in section 101 of title 10, United States Code) and meets the following requirements:
(1) The individual presents an official United States Armed Forces record confirming that the individual is or was a military aviation maintenance technician, holding an appropriate Military Occupational Specialty (MOS) Code, as determined by the Administrator, in coordination with the Secretary of Defense.
(2) The individual presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations.
SEC. 505. Prohibition of remote dispatching.
(a) Amendments to prohibition.—
(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 new paragraph:
“(10) work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier; or”.
(2) REGULATIONS.—Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations requiring persons and air carriers to comply with paragraph (10) of section 44711(a) of title 49, United States Code (as added by paragraph (1)).
(3) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this section, without regard to whether the regulations required by paragraph (2) have been promulgated as of that date.
(b) Aircraft dispatching.—
(1) IN GENERAL.—Chapter 447 of title 49, United States Code, as amended by section 304(b), is amended by adding at the end the following new section:
Ҥ 44747. Aircraft dispatching
“(a) In general.—Each air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times.
“(b) Requirements.—An air carrier shall ensure that each dispatch center and flight following center of the air carrier—
“(1) 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;
“(2) has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and
“(3) 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.
“(1) IN GENERAL.—Subject to 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) EMERGENCY AUTHORITY.—In the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.”.
(2) CLERICAL AMENDMENT.—The analysis for chapter 447 of such title, as amended by section 304(b), is amended by inserting after the item relating to section 44746 the following:
“44747. Aircraft dispatching.”.
SEC. 506. 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.
(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 new subsection:
“(f) 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. 507. Crewmember self-defense training.
Section 44918(a) of title 49, United States Code, is amended—
(1) in paragraph (1), by inserting “and unruly passenger behavior” before the period at the end;
(A) by striking subparagraph (A) and inserting the following:
“(A) Recognize suspicious behavior and activities and determine the seriousness of any occurrence.”;
(B) in subparagraph (D), by inserting “, including training to defend against the use of edged or contact weapons” before the period at the end;
(C) by striking subparagraph (H) and inserting the following:
“(H) De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee.”;
(D) by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and
(E) by inserting after subparagraph (H) the following:
“(I) Methods to subdue and restrain an active attacker.”;
(3) by striking paragraph (4) and inserting the following:
“(4) 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 for recurrent training; and
“(B) the individuals or entities providing such training.”;
(A) 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
(B) in the third sentence, by inserting “, including self-defense training expertise and experience” before the period at the end; and
(5) 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. 508. Improving apron safety.
(a) Study and report on engine ingestion zone and jet blast zone accidents.—
(1) STUDY.—The Administrator shall conduct a study on ways to minimize or eliminate engine ingestion zone and jet blast zone accidents, including through—
(A) improving markings on the apron 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;
(B) incorporating markings on aircraft to indicate the engine inlet danger zone, using hazard warning stripes, decals, or other measures;
(C) limiting ground service personnel access to an aircraft until the engines of the aircraft are no longer running, the beacon on top of the aircraft has been turned off, the individual blades of the engine fan can be observed, and there is a notification from the flight deck crew confirming the engines are off (including the time for cool down, particularly for engines with low ground clearance);
(D) improving aircraft engine design to prevent or minimize engine ingestion, such as the use of stationary inlet guide vanes or engine guarding;
(E) improving the use of or requirements for Auxiliary Power Units (APUs) or electrical systems maintenance or incorporating changes to other systems or apron operation procedures to eliminate or minimize the length of time an aircraft engine runs (or is permitted to run) while the aircraft is at the gate or stopped on the ground; and
(F) improving communication devices and requirements for operable radios and headsets.
(2) REPORT.—Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislative or administrative action as determined appropriate by the Administrator.
(b) Improved training.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator may, as appropriate, develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews (including supervisory employees) that includes information on—
(A) the specific dangers and consequences of entering engine ingestion or jet blast zones;
(B) proper protocols to avoid entering an engine ingestion or jet blast zone; and
(C) 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.
(2) TRAINING REGULATIONS.—Not later than 180 days after the publication of the training and related educational materials described in paragraph (1), the Administrator may promulgate regulations to require any new, transferred, or current (as of the date of enactment of this section) employee of the FAA to receive the relevant engine ingestion and jet blast zone hazard training before such employee may perform work on the apron.
SEC. 509. Aviation Medical Innovation and Modernization Working Group.
(a) In general.—Not later than 120 days after the date of enactment of this section, the Administrator shall establish the Aviation Medical Innovation and Modernization Working Group (in this section referred to as the “Working Group”) and appoint members of the Working Group in accordance with subsection (b).
(b) Membership.—
(1) NUMBER.—The members of the Working Group shall not exceed 20 individuals.
(A) FEDERAL AIR SURGEON.—The Federal Air Surgeon shall be a member of the Working Group and shall be the Chair of the Working Group.
(B) SENIOR AVIATION MEDICAL EXAMINERS.—In addition to the Federal Air Surgeon, at least 8 members of the Working Group shall be individuals who are Senior Aviation Medical Examiners.
(C) OTHER MEMBERS.—In addition to the Federal Air Surgeon and the members appointed under subparagraph (B), the remaining members shall be licensed medical physicians with substantial expertise in—
(ii) psychological medicine;
(iii) neurological medicine;
(iv) cardiovascular medicine; or
(D) PREFERENCE IN APPOINTMENTS.—The Administrator shall give preference to appointing members of the Working Group who are Aviation Medical Examiners or licensed medical physicians who have demonstrated research and expertise in aviation medical issues.
(E) USE OF SUBGROUPS.—The Working Group Administrator may use subgroups to develop the recommendations under subsection (c).
(c) Recommendations.—The Working Group shall develop a report that includes recommendations with respect to the following areas:
(1) Evaluation of the conditions an Aviation Medical Examiner can issue (CACI).
(2) Improvements and reforms to the Special Issuance process, including whether, after initial medical certification by the FAA, renewals can be based on a medical evaluation and treatment plan by a pilot’s treating medical specialist with concurrence from the pilot’s Aviation Medical Examiner.
(3) Development of an online medical portal administered by the FAA that—
(A) adheres to cybersecurity protections and protocols;
(B) authorizes Aviation Medical Examiners, pilots, or their designee, to securely share medical records;
(C) provides timely updates for a pilot’s medical application and improves return to flying timelines;
(D) provides pilots with the ability to submit additional information requested from the FAA;
(E) includes the method to contact the reviewing office; and
(F) such other requirements as the Working Group may recommend.
(4) The use of technologies to address forms of red-green color blindness for pilots.
(5) Improvements to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder protocols.
(6) Improvements to neurology protocols, specifically, stroke, head injury, and known loss of consciousness.
(7) Improvements to FAA mental health protocols, including, but not limited to, mental health conditions such as depression and anxiety, the use of medications for treating mental health conditions, and neurocognitive testing rules and applicability.
(d) Report.—Not later than 1 year after the date on which the Working Group is established—
(1) the Working Group shall submit the report developed in accordance with subsection (c) to the Administrator, along with recommendations for such legislation and administrative action as the Working Group determines appropriate; and
(2) the Administrator shall submit such report and recommendations to the appropriate committees of Congress.
(e) Actions by the Administrator.—The Administrator may take such action as the Administrator determines appropriate to implement the recommendations in the report submitted under subsection (d).
(f) Exemption from the Federal Advisory Committee Act.—Chapter 10 of title 5, United States Code, shall not apply to the Working Group.
(g) Sunset.—The Working Group shall terminate on the date on which the Working Group submits the report required by subsection (d).
SEC. 510. 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 obtain industry recommendations on maintaining and updating Airman Certification Standards.
(b) Duties.—In carrying out its activities, the Working Group shall—
(1) ensure that testing remains correlated and corresponds to current regulations, procedures, equipment, aviation infrastructure, and safety trends;
(2) work with industry to solicit recommendations on airman certification and testing, including new, and revisions to existing, Airman Certification Standards guidance documents and airman tests; and
(3) ensure other tasks carried out by the Working Group are addressed and completed in a timely and efficient manner.
SEC. 511. Airport service workforce analysis.
Not later than 180 days after the date of enactment of this section, the Comptroller General shall complete an analysis of the airport service workforce and its impact and importance to the aviation economy.
subtitle B—FAA Workforce
SEC. 521. Air traffic control staffing standards.
(a) FAA air traffic control staffing standards.—The Administrator shall complete the requirements of subsection (b) and implement revisions to the FAA Certified Professional Controller (in this section referred to as “CPC”) operational staffing targets, in consultation with appropriate stakeholders including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code, by September 30, 2024.
(b) National Academy of Sciences study.—
(1) STUDY.—Not later than 30 days after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the “National Academies”) under which the National Academies will conduct a study of the methodology used by the Collaborative Resource Workgroup (in this subsection referred to as “CRWG”) to determine CPC operational staffing targets needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system.
(2) CONTENTS.—The study required by paragraph (1) shall include the following elements:
(A) A review of similarities and discrepancies between methodologies used to develop the CRWG CPC operational staffing targets and the staffing targets developed by the FAA as reflected by the staffing standards used in the 2023 Controller Workforce Plan.
(B) An examination of the discrepancies between the CRWG CPC staffing targets and the FAA-developed CPC staffing standards used in the 2023 Controller Workforce Plan that contribute to a significant divergence in operational staffing headcounts (including with respect to CPCs, CPCs-in-training at new facilities, and trainees), CPC staffing targets, and staffing needs for air traffic controllers between fiscal year 2027 and fiscal year 2032 to ensure the safe and efficient operation of the national airspace system.
(i) air traffic in the airspace of each air traffic control facility operated by the FAA;
(ii) air traffic controller position utilization;
(iii) attrition rates at each air traffic control facility operated by the FAA; and
(iv) the time needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system.
(D) For each air traffic control facility operated by the FAA, a description of—
(i) the current CPC staffing levels;
(ii) the operational staffing targets for CPCs;
(iii) the anticipated CPC attrition for each of the next 3 years; and
(iv) the number of CPC trainees.
(E) An examination of the FAA’s current and estimated budgets and funding needed to implement the CRWG CPC operational staffing targets and needs in comparison to such funding needed to implement the staffing standards developed by the FAA as reflected in the 2023 Controller Workforce Plan.
(F) An analysis of the recommendations included in Transportation Research Board Special Report 314, titled “The Federal Aviation Administration’s Approach for Determining Future Air Traffic Controller Staffing Needs” that have not yet been addressed or implemented by the Administrator.
(G) Recommendations for further action by the Administrator, as appropriate, to—
(i) address operational staffing requirements to meet facility operational, statutory, and contractual requirements; and
(ii) provide fulsome air traffic controller staffing to ensure the safe and efficient operation of the national airspace system, including the integration of new users, technologies, and procedures.
(3) CONSULTATION.—In conducting the study required by paragraph (1), the National Academies shall consult with—
(A) Federal Government and industry representatives;
(B) the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and
(C) other parties determined appropriate by the National Academies.
(A) TO THE ADMINISTRATOR.—Not later than 180 days after the date of enactment of this section, the National Academies shall submit to the Administrator a report on the results of the study required by paragraph (1), together with recommendations determined appropriate by the National Academies.
(B) TO CONGRESS.—Not later than 180 days after the date on which the National Academies submits the report under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing—
(i) the results of the study required by paragraph (1);
(ii) the report submitted by the National Academies, including the recommendations of the National Academies; and
(iii) the Administrator's implementation action required by subsection (a).
(c) Revisions to the controller workforce plan.—Section 44506(e) of title 49, United States Code is amended—
(A) by inserting “Collaborative Resource Workgroup (CRWG)” before “staffing standards”; and
(B) by striking “the number of air traffic controllers needed” and inserting “the number of fully certified air traffic controllers needed”;
(2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(3) by adding after paragraph (1) the following new paragraph:
“(2) for each air traffic control facility operated by the Federal Aviation Administration—
“(A) the current certified professional controller staffing levels;
“(B) the Collaborative Resource Workgroup (CRWG) 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;”.
(d) Effective date.—The amendments made by subsection (c) shall take effect and apply to any reports submitted pursuant to section 44506(e) of title 49, United States Code, for each Controller Workforce Plan submitted after September 30, 2024.
SEC. 522. FAA Workforce review audit.
(a) In general.—Not later than 90 days after the date of enactment of this section, the Inspector General of the Department of Transportation shall initiate an audit of any FAA workforce plans related to aviation safety completed during the past 5 fiscal years.
(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 timeframe specified in subsection (a);
(2) review FAA workforce gaps in safety-critical and senior positions, including the average vacancy period of such positions during the latest fiscal year;
(3) review whether existing FAA workforce development programs are producing intended results, such as increased recruitment and retention of agency personnel; and
(4) evaluate the extent to which the FAA leverages its direct hire authority to recruit subject matter experts and other technical personnel to fill key senior and technical positions.
(c) Report and recommendations.—
(1) INSPECTOR GENERAL REPORT.—Not later than 1 year after the date of enactment of this section, the Inspector General shall submit to the Administrator and the appropriate committees of Congress a report on the results of the audit conducted under subsection (a), together with recommendations for such legislative and administrative action as the Inspector General determines appropriate.
(2) CONGRESSIONAL BRIEFING.—Not later than 90 days after receiving the report under paragraph (1), the Administrator shall provide a briefing to appropriate committees of Congress on—
(A) the Administrator’s response to the recommendations of the Inspector General contained in such report; and
(B) any plans of the Administrator for the implementation of such recommendations.
SEC. 523. Direct hire authority utilization.
(a) In general.—Section 40122 of title 49, United States Code, is amended by adding at the end the following:
“(k) Direct hire authority.—The Administrator of the Federal Aviation Administration shall utilize existing direct hire authority to expedite the hiring process and hire individuals on a non-competitive basis for safety critical and safety technical positions related to aircraft certification and aviation safety more broadly to maintain the gold standard of aviation safety and, as necessary, fulfill any gaps identified in workforce reviews at the Federal Aviation Administration.”.
(b) Congressional briefing.—Not later than 180 days after the date of enactment of this section, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the status of—
(1) utilization of the direct hire authority described in subsection (k) of such section 40122, as added by subsection (a); and
(2) the number of employees hired under such authority, the relevant line of business to which such employees were hired, and the occupation type of the positions filled.
SEC. 524. Staffing model for aviation safety inspectors.
(a) In general.—Not later than October 1, 2024, the Administrator shall review and revise as necessary the staffing model for aviation safety inspectors.
(b) Requirements.—
(1) CONSIDERATION OF PRIOR STUDIES AND REPORTS.—In revising the model, the Administrator shall take into consideration the recommendations outlined in the following:
(A) The 2006 report released by the National Research Council entitled “Staffing Standards for Aviation Safety Inspectors”.
(B) The 2007 study released by the National Academy of Sciences entitled “Staffing Standards for Aviation Safety Inspectors”.
(C) The 2013 report released by Grant Thornton LLP, entitled “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 entitled “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) SERVICE AND OFFICE STAFFING LEVEL.—The model will project staffing at the service and office level and require managers to use the model as part of the resource assessment for aviation safety inspector resources.
(3) ATTRITION.—The aviation safety inspector staffing model will take into consideration forecasted attrition.
(4) CONSULTATION.—In revising the model, 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. 525. Safety critical staffing.
(a) Implementation of staffing standards for safety inspectors.—Upon completion of the revised staffing model for aviation safety inspectors under section 524, 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 such model determines are required to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service per fiscal year as appropriate, provided that such staffing increases shall be measured relative to the number of persons serving in safety critical positions as of September 30, 2023. Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations.
(b) Safety critical positions defined.—In this section, the term “safety critical positions” means—
(1) aviation safety inspectors, aviation safety specialists (1801 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 series), safety technical specialists, and operational support positions in the Aircraft Certification Service.
SEC. 526. Instrument landing system installation.
(a) In general.—Section 44502(a)(4) of title 49, United States Code, is amended by adding at the end the following:
“(C) INSTALLATION.—The Administrator shall expedite the installation of at a minimum 15 instrument landing systems (referred to in this subparagraph as ‘ILS’) in the national airspace system by January 1, 2025, by utilizing the existing ILS contract vehicle and the Federal Aviation Administration workforce.”.
(b) Expedited installation of ILS equipment.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator shall initiate action to utilize the existing instrument landing systems (referred to in this subsection as “ILS”) contract vehicle and FAA employees in facilitating the expedited installation of ILS equipment into the national airspace system. In carrying out this subsection, the Administrator shall—
(A) incorporate lessons learned from the installations under section 44502(a)(4) of title 49, United States Code;
(B) record metrics of cost and time savings of expedited installations; and
(C) consider opportunities to further develop ILS technical expertise among the FAA workforce.
(2) CONSIDERATIONS.—During the implementation planning to carry out this subsection and subparagraph (C) of section 44502(a)(4) of title 49, United States Code, as added by subsection (a), the Administrator shall consider the cost-benefit analysis of utilizing the existing ILS contract vehicle, the FAA workforce, or both, to accelerate the installation and deployment of procured equipment.
(3) REPORT TO CONGRESS.—Not later than June 30, 2025, the Administrator shall report to the appropriate committees of Congress on the ILS installation results, near-term ILS installations planned, and shall outline the FAA’s approach 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. 527. Contract Tower Program air traffic controller training programs.
Section 47124 of title 49, United States Code, is amended—
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following new subsection:
“(e) Air traffic controller training programs.—
“(1) IN GENERAL.—Not later than 180 days after the date of enactment of this subsection, the Secretary shall coordinate with air traffic control contractors to create air traffic controller training programs and shall incorporate the use of such programs into new contracts or the exercise of future options entered into under the Contract Tower Program and the Cost-share Program. Such programs shall allow air traffic control contractors to—
“(A) provide initial training to candidates who do not have a Control Tower Operator certificate or Federal Aviation Administration tower credential; and
“(B) provide training to controllers who have completed an approved Air Traffic Collegiate Training Initiative (AT-CTI) program from an accredited school that has a demonstrated successful curriculum.
“(2) AUTHORITY.—An air traffic control contractor shall be permitted to train controllers under programs established under paragraph (1) notwithstanding section 65.39(a) of title 14, Code of Federal Regulations (as in effect on the date of enactment of this subsection).
“(3) 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 conducting initial testing of, and issuing initial certifications to, air traffic controllers.
“(A) IN GENERAL.—Not later than 3 years after the incorporation of training programs operated by air traffic control contractors under the Contract Tower Program and the Cost-share Program, the Secretary shall conduct a review of such training programs and issue relevant findings. In conducting the review, the Secretary shall identify the degree to which such programs improve workforce development at air traffic control tower facilities staffed through the Contract Tower Program or the Cost-share Program, air traffic control towers staffed by the Federal Aviation Administration, and any related impact such training may have on air traffic controller staffing more broadly.
“(B) REPORT.—Not later than 1 year after the date on which the Secretary initiates the review required by subparagraph (A), the Secretary shall submit a report to the appropriate committees of Congress on the results of the review, along with such recommendations as the Secretary determines appropriate.
“(5) DEFINITIONS.—In this subsection, the term ‘demonstrated successful curriculum’ means an AT-CTI program curriculum with a demonstrated record of graduated students that have enrolled at the FAA Academy and subsequently completed Certified Tower Operator certificates at an 80 percent success rate for a consecutive period of 5 years.
“(6) SUNSET.—The provisions of this subsection shall terminate on September 30, 2028.”; and
(3) in subsection (f) (as redesignated by paragraph (1)), by adding at the end the following:
“(3) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means—
“(A) the Committee on Commerce, Science, and Transportation of the Senate; and
“(B) the Committee on Transportation and Infrastructure of the House of Representatives.”.
SEC. 528. Review of FAA and industry cooperative familiarization programs.
(a) Review.—Not later than 270 days after the date of enactment of this section, the Administrator shall complete a review of options for employees of the FAA whose responsibilities directly relate to certification, to gain or enhance technical expertise, knowledge, skills, and abilities, including subject matter relating to innovative and complex aviation technologies, through cooperative training and visitation with aerospace companies.
(b) Conflicts of interest.—In conducting the review in subsection (a), the Administrator shall ensure that such options for FAA employees would occur on a short-term basis and avoid both conflicts of interest and the appearance of such conflicts pursuant to chapter 131 of title 5, United States Code, chapter 11 of title 18, United States Code, subchapter B of chapter XVI of title 5, Code of Federal Regulations, sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations, and any other regulations as deemed appropriate by the Administrator. The Administrator shall also identify any conflicts with FAA policies relating to FAA employee interactions with industry and determine appropriate obligations of such employees upon returning to the FAA after engaging in relevant cooperative training and visitation.
(c) Considerations.—As part of the review required by subsection (a), the Administrator shall consider the following, provided that such actions satisfy conflicts of interest requirements referred to in subsection (b):
(1) Expanding existing familiarization programs.
(2) Leveraging cooperative training programs to support credentialing and recurrent training activities for FAA employees.
(3) Evaluating the options described in subsection (a) based on the level of experience of participating FAA employees and intended benefits related to such participation.
(d) Report.—Not later than 90 days after completing the review required by subsection (a), the Administrator shall submit a report to the appropriate committees of Congress on the results of the review and relevant recommendations.
SEC. 529. Improved access to air traffic control simulation training.
(a) Access.—The Administrator shall make tower simulator systems (in this section referred to as “TSS”) more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA (in this section referred to as an “ATCT”), regardless of facility assignment, by carrying out the following:
(1) CLOUD-BASED VISUAL DATABASE AND SOFTWARE SYSTEM.—Not later than 30 months after the date of enactment of this section, the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that includes, at a minimum—
(A) every ATCT’s unique runway layout, approach paths, and lines of sight; and
(B) specifications that meet all applicable data security requirements.
(2) UPGRADING TSS.—Not later than 2 years after the date of enactment of this section, the Administrator shall upgrade existing, permanent TSS so that the TSS is capable of, at a minimum—
(A) securely and quickly downloading data from the cloud-based visual database and software system implemented under paragraph (1);
(B) running scenarios for each ATCT involving differing levels of air traffic volume; and
(C) running scenarios for each ATCT involving varying complexities of air traffic (including, but not limited to, aircraft emergencies, rapidly changing weather, issuance of safety alerts, and recovering from unforeseen events or losses of separation).
(3) MOBILE TSS.—Not later than 4 years after the date of enactment of this section, 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 functions described in subparagraphs (A), (B), and (C) of paragraph (2).
(b) Collaboration.—In carrying out the activities under subsection (a), the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code.
SEC. 530. Air Traffic Controller Instructor Pipeline.
(a) In general.—No later than 270 days after the date of enactment of this section, the Administrator shall initiate a study examining the pipeline of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over the 5-fiscal year period beginning with fiscal year 2024.
(b) Contents.—The study required by subsection (a) shall include the following:
(1) 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 Training (CPC-Its).
(2) Whether involving further retired Certified Professional Controllers (CPCs) as instructors, including for classroom training, would produce improvements in air traffic controller instruction and training.
(3) Recommendations on how and where to utilize retired certified professional controllers.
(4) The effect on the ability of active Certified Professional Controllers (CPCs) to carry out on-the-job duties, other than instruction, and any related efficiencies if more retired Certified Professional Controllers (CPCs) were instructors.
(5) The known vulnerabilities, as categorized by FAA Air Traffic Organization regions, where requiring Certified Professional Controllers (CPCs) to provide instruction and training to Certified Professional Controllers in Training (CPC-Its) is a significant burden on FAA air traffic controller staffing levels.
(c) Deadline.—Not later than 2 years after the date on which the Administrator initiates the study required by subsection (a), the Administrator shall brief the appropriate committees of Congress on the results on the study and any actions that may be taken based on such results.
SEC. 531. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes.
(a) Review of the air traffic skills assessment.—Not later than 180 days after the date of enactment of this section, 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:
(1) The Administrator shall 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 pipeline.
(2) The Administrator shall assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment.
(3) The Administrator shall assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce pipeline.
(b) DOT Inspector General report.—Not later than 180 days after the date on which the Administrator completes 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 reviewed AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any recommended actions to be taken to address the results of the report.
SEC. 532. Federal Aviation Administration academy and facility expansion plan.
(a) Plan.—
(1) IN GENERAL.—No later than 90 days after the date of enactment of this section, the Administrator shall initiate the development of a plan to—
(A) 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; and
(B) establish a second FAA Academy in an area described in paragraph (2).
(2) AREA DESCRIBED.—An area described in this paragraph is a metropolitan statistical area in which each of the following is located:
(A) At least 2 large hub airports.
(B) An FAA Flight Standards District Office.
(C) An FAA Certificate Management Office.
(D) An FAA regional headquarters.
(3) 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 Academies;
(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, and whether field training can be administered more flexibly, such as at other FAA locations across the country;
(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 virtual education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers;
(F) the use of existing FAA-owned facilities and classroom space and identifying potential opportunities for new construction;
(i) expanding FAA capacity (as described in paragraph (1)(A)); and
(ii) establishing a second FAA Academy (as described in paragraph (1)(B));
(H) 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
(I) other logistical and financial considerations as determined appropriate by the Administrator.
(b) Report.—Not later than one year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (a).
(c) 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. 533. 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 program to provide assistance in the form of grants to eligible entities that provide pilot training activities and related education to support a pathway for veterans to become commercial aviators.
(b) Eligible entity.—For purposes of 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.
(c) Priority application.—In selecting eligible entities to award grants to under this section, the Secretary shall give priority to eligible entities that meet the following criteria:
(1) The eligible entity is 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) The eligible entity 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 shall be used for the following:
(1) Administrative costs related to implementation of the program, not to exceed 10 percent of the amount awarded.
(2) To provide guidance and pilot training services, including tuition and flight training fees for veterans enrolled with the eligible entity and any training required to reach proficiency, to the veterans enrolled to support them in obtaining any of the following pilot certificates and ratings:
(A) Private pilot certificate with airplane single-engine or multi-engine ratings.
(C) Commercial pilot certificate with airplane single-engine or multi-engine ratings.
(E) Certificated flight instructor single-engine certificate, if applicable to degree sought.
(F) Certificated flight instructor multi-engine certificate, if applicable to degree sought.
(G) Certificated flight instructor instrument certificate, if applicable to degree sought.
(3) To provide books, 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) Appropriations.—To carry out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2024 through 2028.
SEC. 534. Biennial reports to Congress on designated pilot examiners.
Not later than 180 days after the date of enactment of this section, and biennially thereafter, 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. Such report shall include an analysis of—
(1) the methodology and rationale by which designated pilot examiners are deployed;
(2) 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;
(3) 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;
(4) the primary reasons and best ways to reduce such wait times;
(5) the number of tests conducted by designated pilot examiners;
(6) the number and percentage of available designated pilot examiners that perform such tests; and
(7) the average rate of retests, including of both written and practical tests.
SEC. 535. GAO study and report on the extent and effects of the 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) 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), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
SEC. 536. Minority Serving Institutions (MSI) Internship Program.
(a) In general.—Subject to the availability of appropriations, the Administrator shall continue operation of the FAA Minority Serving Institutions (MSI) program (in this section referred to as the “Program”) during the period that begins on the date of enactment of this section and ends on September 30, 2028. In carrying out the Program, the Administrator shall continue to provide internship opportunities to eligible students.
(b) Outreach.—The Administrator shall establish and conduct outreach to minority-serving institutions to recruit students for the Program.
(c) Requirements.—The following requirements shall apply to the Program:
(1) MINORITY-SERVING INSTITUTION.—The FAA shall consider an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)) as a “minority-serving institution” for purposes of the Program.
(2) ELIGIBILITY REQUIREMENTS.—The FAA shall not limit eligibility—
(A) of a student for the Program on the basis of the student’s academic major but may allocate internship slots to mission-critical positions if there are demonstrated human capital needs in that area; and
(B) to only students currently attending a minority-serving institution if they are deemed otherwise eligible.
(3) YEAR-ROUND.—The FAA shall make internship placements under the Program available during academic sessions throughout the year and may extend an internship placement for a student beyond a single academic session.
(4) DIRECT HIRING AUTHORITY.—The Administrator shall utilize existing direct hiring authority to accelerate the hiring of students who have participated in and completed the Program and have graduated with an undergraduate or post-graduate degree.
(5) PAY.—All internships under the Program shall be paid and the FAA may increase pay for a placement based on the location of the internship, the field of study of the intern, or whether the student is an undergraduate versus a graduate student.
(d) Annual reports.—The FAA shall submit an annual report to the appropriate committees of Congress on the Program. Each annual report shall include the following with respect to the reporting period:
(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 de-identified data on the race, national origin, gender, and State of residence of Program applicants.
(4) Detailed information on the FAA outreach plan for the upcoming year.
(5) The schools of applicants, of applicants offered an internship, and of applicants who accept an internship.
(6) The location and line of business where each intern is placed.
(7) The conversion rate of interns in the Program who are hired as full-time FAA employees.
SEC. 537. FAA Educational Partnership Initiative.
Beginning on and after the date of enactment of this section, the Administrator shall continue to operate the Educational Partnership Initiative of the FAA through fiscal year 2028.
subtitle C—Flight Education Access
This subtitle may be cited as the “Flight Education Access Act ”.
SEC. 542. Increase in Federal student loan limits for students in flight education and training programs.
Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended—
(A) by striking “Each institution” and inserting the following:
“(1) IN GENERAL.—Each institution”;
(B) in paragraph (1) (as designated by subparagraph (A)), by inserting before the period at the end the following: “and, shall, with respect to Federal Direct Unsubsidized Stafford Loans made after the date of enactment of the Flight Education Access Act to an eligible student (as defined in subsection (r)), comply with the requirements of paragraph (2)”; and
(C) by adding at the end the following:
“(2) ADDITIONAL DISCLOSURES.—At or prior to the disbursement of a Federal Direct Unsubsidized Stafford Loan after the date of enactment of the Flight Education Access Act to an eligible student (as defined in subsection (r)), the following shall be disclosed:
“(A) The principal amount of the loan, the stated interest rate on the loan, the number of required monthly payments to be made on the loan (which shall be based on a standard repayment plan), and the estimated number of months before the start of the repayment period for the loan (based on the expected date on which the repayment period is to begin or the deferment period is to end, as applicable).
“(B) The estimated balance to be owed by the borrower on such loan (including, if applicable, the estimated amount of interest to be capitalized) as of the scheduled date on which the repayment period is to begin or the deferment period is to end, as applicable, and an estimate of the projected monthly payment.
“(C) An estimate of the aggregate amount the borrower will pay for the loan, including the total amount of monthly payments made over the life of the loan plus the amount of any charges for the loan, such as an origination fee.”; and
(2) by adding at the end the following:
“(r) Increase in loan limits for students in flight education and training programs.—
“(1) IN GENERAL.—Notwithstanding any other provision of this Act, the loan limits for Federal Direct Unsubsidized Stafford Loans made after the date of enactment of the Flight Education Access Act with respect to eligible students shall be subject to this subsection.
“(2) DEFINITIONS.—In this section:
“(A) ELIGIBLE STUDENT.—The term ‘eligible student’ means a student who is enrolled in an eligible undergraduate flight education and training program.
“(B) ELIGIBLE UNDERGRADUATE FLIGHT EDUCATION AND TRAINING PROGRAM.—The term ‘eligible undergraduate flight education and training program’ means an undergraduate flight education and training program that offers training for applicants seeking a commercial pilot certificate and—
“(i) during the period beginning on the date of enactment of the Flight Education Access Act and ending on the date on which 3 years of data has been collected pursuant to paragraph (3)(C), that meets all the applicable requirements of this Act; and
“(ii) beginning on the date on which 3 years of data has been collected pursuant to paragraph (3)(C), that meets all the applicable requirements of this Act and has a completion rate averaged over a 3-year period, as calculated under paragraph (3)(C), that is equal to or greater than 70 percent.
“(C) UNDERGRADUATE FLIGHT EDUCATION AND TRAINING PROGRAM.—The term ‘undergraduate flight education and training program’—
“(i) has the meaning given the term by the Secretary, in consultation with the Administrator of the Federal Aviation Administration;
“(ii) shall include a flight education and training program offered by an eligible institution that is accredited by an accrediting agency recognized by the Secretary, that—
“(I) awards undergraduate certificates or associate or bachelor degrees; and
“(II) provides pilot training in accordance with part 141 of title 14, Code of Federal Regulations, or any successor regulation; and
“(iii) shall not include a flight education and training program certified under part 61 of title 14, Code of Federal Regulations, or any successor regulation.
“(3) LOAN LIMITS FOR ELIGIBLE UNDERGRADUATE FLIGHT EDUCATION AND TRAINING PROGRAMS.—
“(A) LIMITS FOR ELIGIBLE STUDENTS WHO ARE DEPENDENT STUDENTS.—
“(i) ANNUAL LIMITS.—The maximum annual amount of Federal Direct Unsubsidized Stafford Loans an eligible student who is a dependent student may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be—
“(I) in the case of an eligible student at an eligible institution who has not successfully completed the first year of an eligible undergraduate flight education and training program—
“(aa) $13,500, if such student is enrolled in such a program whose length is at least one academic year in length; or
“(bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year;
“(II) in the case of an eligible student at an eligible institution who has successfully completed the first year of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program—
“(bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year;
“(III) in the case of a student at an eligible institution who has successfully completed the first year and second years of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program—
“(bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; and
“(IV) in the case of a student at an eligible institution who has successfully completed the first, second, and third years of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program—
“(bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year.
“(ii) AGGREGATE LIMITS.—The maximum aggregate amount of Federal Direct Unsubsidized Stafford Loans an eligible student who is a dependent student may borrow shall be $65,000.
“(B) LIMITS FOR ELIGIBLE STUDENTS WHO ARE INDEPENDENT STUDENTS.—
“(i) ANNUAL LIMITS.—The maximum annual amount of Federal Direct Unsubsidized Stafford Loans an eligible student who is an independent student may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be—
“(I) in the case of an eligible student at an eligible institution who has not successfully completed the first year of an eligible undergraduate flight education and training program—
“(aa) $21,500, if such student is enrolled in such a program whose length is at least one academic year in length; or
“(bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year;
“(II) in the case of an eligible student at an eligible institution who has successfully completed the first year of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program—
“(bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year;
“(III) in the case of a student at an eligible institution who has successfully completed the first year and second years of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program—
“(bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; and
“(IV) in the case of a student at an eligible institution who has successfully completed the first, second, and third years of an eligible undergraduate flight education and training program but has not yet successfully completed the remainder of such program—
“(bb) if such student is enrolled in such a program that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in item (aa) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year.
“(ii) AGGREGATE LIMITS.—The maximum aggregate amount of Federal Direct Unsubsidized Stafford Loans an eligible student who is an independent student may borrow shall be $107,500.
“(C) DATA COLLECTION ON, AND CALCULATION OF, COMPLETION RATES.—
“(i) IN GENERAL.—The Secretary shall annually calculate the completion rate of each undergraduate flight education and training program at each eligible institution based on the information collected under clause (ii).
“(ii) COLLECTION OF INFORMATION.—The Secretary shall annually collect information, for each academic year, on—
“(I) the total number of students enrolled in an undergraduate flight education and training program at an eligible institution; and
“(II) those students who complete such program—
“(aa) who earn a private pilot’s certificate for an airplane category rating with a single-engine class rating while enrolled in such program; or
“(bb) who at the time of enrollment, possess such a certificate.
“(iii) CALCULATION OF COMPLETION RATE.—To calculate the completion rate described in clause (i), the Secretary shall—
“(I) consider as having completed, those students who earn a private pilot’s certificate for an airplane category rating with a single-engine class rating, or who at the time of enrollment possess such a certificate, and complete the undergraduate flight education and training program at an eligible institution—
“(aa) that predominantly awards associate degrees, within 200 percent of the normal time for completion;
“(bb) that predominantly awards bachelor degrees, within 150 percent of the normal time for completion; and
“(cc) that predominantly awards undergraduate certificates, within 200 percent of the normal time for completion;
“(II) consider as not having completed, those students who earn a private pilot’s certificate for an airplane category rating with a single-engine class rating, or who at the time of enrollment possess such a certificate, and who transfer out of the undergraduate flight education and training program to another program at the eligible institution that is not an undergraduate flight education and training program or to a program that is not an undergraduate flight education and training program at another eligible institution; and
“(III) not include in the calculation, any student who—
“(aa) is a foreign national;
“(bb) earns a private pilot’s certificate for an airplane category rating with a single-engine class rating and transfers out of the undergraduate flight education and training program to another undergraduate flight education and training program at a different eligible institution; or
“(cc) is enrolled in an undergraduate flight education and training program and never earns a private pilot’s certificate for an airplane category rating with a single-engine class rating.
“(D) REPORTING REQUIREMENTS.—
“(i) IN GENERAL.—The Secretary shall require each undergraduate flight education and training program that enrolls students who receive assistance under this part to provide the data described in this subparagraph that is necessary for the completion of the reporting requirements described in this subparagraph.
“(ii) FORM OF DATA COLLECTION.—The Secretary shall prescribe the form and format of the data required to be provided under this subparagraph and include, at a minimum, the following data elements:
“(I) Student data elements necessary to calculate student enrollment, persistence, retention, transfer, and completion rates.
“(II) Information disaggregated by gender, race, ethnicity, and socioeconomic status.
“(iii) REPORT TO CONGRESS.—Not later than 9 months after the date of enactment of the Flight Education Access Act and biennially thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives, analyzing and assessing the data collected pursuant to this subparagraph and conforming to the requirements of this subparagraph that shall include the following:
“(I) An assessment of the effectiveness of the requirements under this subsection.
“(II) Information on enrollment, persistence, retention, transfer, completion, utilization of Federal financial aid, and unmet financial need, including information on applicable institutions.
“(III) Information on the gender, race, ethnicity, and socioeconomic status of students enrolled in an undergraduate flight education and training program.
“(4) PROHIBITION ON MASS CANCELLATION OF ELIGIBLE UNDERGRADUATE FLIGHT EDUCATION AND TRAINING PROGRAM LOANS.—The Secretary, the Secretary of the Treasury, or the Attorney General may not take any action to cancel or forgive the outstanding balances, or portion of balances, on any Federal Direct Unsubsidized Stafford Loan, or otherwise modify the terms or conditions of a Federal Direct Unsubsidized Stafford Loan, made to an eligible student, except as authorized by an Act of Congress.”.
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall—
(1) examine and review the implementation of this subtitle and the amendments made by this subtitle, which review shall include—
(A) the number of participating institutions offering undergraduate flight education and training programs (as defined in section 455(r) of the Higher Education Act of 1965 (20 U.S.C. 1087e(r)), as amended by this subtitle);
(B) the number of students enrolled in such undergraduate flight education and training programs, and demographic data regarding such students;
(C) the level of such students' participation in the loan program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), including demographic data as appropriate; and
(D) feedback from participating institutions regarding the implementation of this subtitle and the amendments made by this subtitle;
(2) develop recommendations to the Department of Education on any changes that should be made to improve the implementation of this subtitle and the amendments made by this subtitle; and
(3) prepare and submit a report on the findings and recommendations under paragraphs (1) and (2) to—
(A) the Committee on Health, Education, Labor, and Pensions and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Education and the Workforce and the Committee on Transportation and Infrastructure of the House of Representatives.
SEC. 544. Rule of construction.
Nothing in this subtitle, or an amendment made by this subtitle, shall be construed to repeal, amend, supersede, or affect any pilot training or qualification provision under existing law.
SEC. 545. Authorization of appropriations.
There is authorized to be appropriated to the Secretary of Education, in addition to any amounts otherwise available, to carry out the amendments made by this subtitle $3,000,000 for each of fiscal years 2023 through 2033. Such funds shall be available until expended.
TITLE VI—MODERNIZING AIRPORT SYSTEMS
SEC. 601. AIP eligibility amendments.
Section 47102(3) of title 49, United States Code, is amended—
(A) in clause (ix), by striking “and” after the semicolon;
(B) in clause (x), by striking the period and inserting “; and”; and
(C) by adding at the end the following:
“(xi) a medium intensity approach lighting system with runway alignment indicator lights.”;
(2) by redesignating subparagraphs (Q) and (R) as subparagraphs (S) and (T), respectively;
(3) by redesignating subparagraphs (M) through (P) as subparagraphs (N) through (Q), respectively;
(4) by inserting after subparagraph (L) the following:
“(M) constructing or acquiring airport-owned infrastructure or equipment, notwithstanding revenue producing capability, as defined in subsection (24), required for the on-airport distribution or storage of unleaded aviation gas for use by piston-driven aircraft, including on-airport construction or expansion of pipelines, storage tanks, low-emission fuel systems, and airport-owned and operated fuel trucks providing exclusively unleaded aviation fuels, unless the Secretary determines that an alternative fuel may be safely used for a limited time.”;
(5) by inserting after subparagraph (Q) (as redesignated by paragraph (3)), the following:
“(R) acquiring or installing new renewable energy generation infrastructure (such as solar, geothermal, or wind) that provide power for on-airport uses and energy storage systems, and necessary substation upgrades to support such infrastructure.”; and
(6) by inserting after subparagraph (T) (as redesignated by paragraph (2)), the following:
“(U) initial acquisition (and excluding subsequent upgrades) of an advanced digital construction management system (meaning a computer platform that uses digital technology throughout the life cycle of a capital infrastructure project, including through project phases such as design and construction, when that system is acquired to carry out a project approved by the Secretary under this subchapter.
“(V) reconstructing or rehabilitating an existing crosswind runway provided the sponsor includes reconstruction or rehabilitation of the runway in the sponsor’s most recent approved airport layout plan.”.
SEC. 602. Revised minimum apportionments.
Section 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following:
“(K) MINIMUM APPORTIONMENT FOR COMMERCIAL SERVICE AIRPORTS WITH MORE THAN 4,000 PASSENGER BOARDINGS IN A CALENDAR YEAR.—Not less than $400,000 may be apportioned under subparagraph (A) for each fiscal year to each sponsor of a commercial service airport that had fewer than 8,000 passenger boardings, but at least 4,000 passenger boardings, during the prior calendar year.”.
SEC. 603. Apportionments for transitioning airports.
Section 47114(f)(3) of title 49, United States Code, is amended—
(1) in subparagraph (A), by striking “Beginning with the fiscal year” and inserting “For 5 fiscal years”; and
(2) in subparagraph (B), by striking “fiscal year 2004” and inserting “fiscal years beginning with fiscal year 2024, and shall apply to apportionments determined for that fiscal year and for fiscal years thereafter”.
SEC. 604. Updating United States Government’s share of project costs.
(a) In general.—Section 47109 of title 49, United States Code, is amended—
(1) by striking subsection (b) and inserting the following:
“(b) Increased government share.—In any State containing unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) of more than 5 percent of the total area of all lands in the State, the Government’s share of allowable project costs provided in subsection (a) shall be—
“(1) unchanged for a project at a large hub airport in the State; or
“(2) 95 percent for a project at any other airport in the State.”;
(2) by striking subsection (c) and redesignating subsections (d) through (f) as subsections (c) through (e), respectively;
(3) in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following:
“(1) is not a medium or large hub airport; and”; and
(4) by inserting after subsection (e), as so redesignated, the following:
“(f) Special rule for fiscal years 2024 through 2026.—Notwithstanding subsection (a), the Government’s share of allowable project costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2024 through 2026 is 95 percent.”.
(b) Effective date.—The amendments made by subsection (a) shall take effect on October 1, 2023.
SEC. 605. Primary airport designation.
Section 47114(c)(1) of title 49, United States Code, as amended by section 602, is amended by adding at the end the following:
“(L) PUBLIC AIRPORTS WITH MILITARY USE.—Notwithstanding any other provision of law, a public airport shall be considered a nonhub primary airport in each of fiscal years 2024 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.”.
SEC. 606. 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), by striking the period at the end and inserting “; or”; and
(3) by inserting after paragraph (5), the following:
“(6) not more than $20,00,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title, 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 sponsor’s documented commitment 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 in the next published report under section 47103.”.
(b) Limitation.—Section 47119(f) of title 49, United States Code, is amended by striking “$20,000,000” and inserting “$30,000,000”.
SEC. 607. Alternative-delivery and advance-construction methods pilot program.
Section 47142 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(1) IN GENERAL.—Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish a pilot program under which not less than 5 airport sponsors shall be authorized through the application process under subsection (a) to award a design-build contract for a project that uses alternative-delivery and advance-construction methods, for purposes of evaluating the extent to which such methods expedite project delivery and reduce construction costs.
“(2) REPORT.—Not later than 90 days after the date on which the pilot program ends, the Administrator shall submit to Congress a report on the results of the pilot program, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.”.
SEC. 608. Integrated project delivery.
(a) 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 to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104 of title 49, United States Code.
(b) Application.—
(1) 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 chapter 471 of such title 49.
(2) 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—
(A) the Secretary approves the application using criteria established by the Secretary;
(B) the integrated project delivery contract is in a form that is approved by the Secretary;
(C) 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;
(D) the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project;
(E) the Secretary is satisfied that there will be no conflict of interest; and
(F) 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.
(c) Reimbursement of costs.—Reimbursement of costs shall be based on transparent cost accounting, also known as open book cost accounting. 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—
(1) the project funding is approved by the Secretary in advance;
(2) the project is carried out in accordance with all administrative and statutory requirements under chapter 471 of such title 49; and
(3) the project is carried out under such chapter after a grant agreement has been executed.
(d) Integrated project delivery contract defined.—In this section, the term “integrated project delivery contract” means a single contract for the delivery of a whole project that—
(1) includes, at a minimum, the owner, builder, and architect-engineer as parties that are subject to the terms of the contract;
(2) aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and
(3) includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.
(e) Expiration of authority.—The authority of the Secretary to award grants under the pilot program under this section shall expire on September 30, 2028.
SEC. 609. 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.—Prior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis. To facilitate the approval process, if a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall—
“(A) be issued within 60 days of the sponsor’s submission of all information required by the Secretary;
“(B) be based upon a collaborative review process that includes the sponsor or sponsor’s representative;
“(C) not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other authority; and
“(D) 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. 610. Airport accessibility.
(a) In general.—Subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47144 the following:
Ҥ 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).
“(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) to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including—
“(i) assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or
“(ii) coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit 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).
“(c) Eligibility.—A sponsor—
“(1) may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and
“(2) may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, 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) 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 customer 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) updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs);
“(D) 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) establish a disability advisory committee, as defined in subsection (h);
“(4) make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and
“(5) address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities.
“(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 sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and
“(2) 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 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 the 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 such 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) Funding.—Notwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $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 shall be used by the Secretary to carry out this section for each such fiscal year.”.
(b) Conforming amendment.—The analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47144 the following:
“47145. Pilot program for airport accessibility.”.
SEC. 611. General aviation public-private partnership program.
(a) In general.—Subchapter I of chapter 471 of title 49, United States Code, as amended by section 610(a), is amended by inserting after section 47145, the following:
Ҥ 47146. General aviation public-private partnership program
“(a) In general.—The Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at—
“(1) general aviation airports; and
“(2) privately owned airports used or intended to be used for public purposes that do not have scheduled air service.
“(b) Application required.—The operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—
“(1) an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities;
“(2) the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and
“(3) if the application is submitted by a community, evidence that the airport supports the application.
“(1) STATE LIMIT.—Not more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a).
“(2) DOLLAR AMOUNT LIMIT.—Not more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a).
“(3) COST SHARE REQUIREMENT.—The Federal cost share for this program shall be no more than 50 percent.
“(d) Priorities.—In selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which—
“(1) the operator or sponsor of the airport, or the community in which the airport is located—
“(A) will provide a portion of the cost of the project for which assistance is sought under the program from local sources;
“(B) will employ best business practices in developing or implementing a public-private partnership; or
“(C) has established, or will establish, a public-private partnership to build or improve facilities at the airport; or
“(2) the assistance will be used in a timely fashion.
“(e) Types of assistance.—The Secretary may use amounts made available under this section—
“(1) to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building, rehabilitating, or improving hangars, businesses, or other facilities at the airport;
“(2) to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or
“(3) to participate in a partnership described in paragraph (1) or an investment described in paragraph (2).
“(f) Authority to make agreements.—The Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section.
“(g) Funding.—Notwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.”.
(b) Clerical amendment.—The analysis for chapter 471 of such title, as amended by section 610(b), is amended by inserting after the item relating to section 47145 the following:
“47146. General aviation public-private partnership program.”.
SEC. 612. Runway rehabilitation.
The Administrator shall—
(1) not restrict funding to resurface the full length of an existing runway within the State of Alaska based solely on reduced current or forecasted aeronautical activity levels or critical design type standards;
(2) within 60 days review requests for runway rehabilitation or reconstruction projects at airports on a case-by-case basis; and
(3) not reject requests for projects with critical community needs, such as projects in rural communities and villages off the road system, or economic development projects to expand a runway to meet new demands.
SEC. 613. 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 “March 8, 2024” and inserting “2024 through 2028”.
SEC. 614. 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 FAA 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—
(2) subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively.
(b) 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 that 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. 615. Solar powered taxiway edge lighting systems.
Not later than 2 years after the date of enactment of this section, the Administrator shall issue an engineering brief describing the acceptable use of durable long-term solar powered taxiway edge lighting systems at basic nonprimary airports (as defined in appendix C of the 2023-2027 National Plan of Integrated Airport Systems published by the FAA on September 30, 2022).
SEC. 616. Additional ground based transmitters.
Notwithstanding any other provision of law, the Administrator is authorized to and shall waive any positive benefit-cost ratio requirement for providing additional ground based transmitters for Automatic Dependent Surveillance–Broadcasts (ADS–B) to provide a minimum operational network in Alaska along major flight routes.
SEC. 617. Automated weather observing systems maintenance improvements.
Section 533 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44720 note) is amended—
(1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and
(2) by inserting after subsection (c), the following:
“(d) Maintenance improvements.—
“(1) IN GENERAL.—Not later than 18 months after the date of enactment of this subsection, the Administrator shall identify and implement reasonable alternative mitigations to improve maintenance of FAA-owned weather observing systems that experience frequent service outages, including associated surface communication outages.
“(2) SPARE PARTS AVAILABILITY.—The mitigations identified by the Administrator shall improve spare parts availability, including consideration of storage of more spare parts in the region of the equipment.
“(3) APPLICATION.—This subsection shall apply only to airports located in non-contiguous States.
“(1) IN GENERAL.—Not later than 18 months after the date of enactment of this subsection, 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.
“(2) APPLICATION.—This subsection shall apply only to airports located in non-contiguous States.”.
SEC. 618. Contract Tower Program.
Section 47124 of title 49, United States Code, as amended by section 527, is amended—
(1) in subsection (b)(3), by adding at the end the following:
“(H) PERIOD FOR COMPLETION OF AN OPERATIONAL READINESS INSPECTION.—The Federal Aviation Administration shall provide airport sponsors that show good faith efforts to join the Contract Tower Program 7 years to complete an Operational Readiness Inspection after receiving a benefit-to-cost ratio.”;
(2) by redesignating subsection (f) as subsection (h);
(3) by inserting after subsection (e), the following:
“(f) Improving situational awareness.—
“(1) IN GENERAL.—The Administrator of the Federal Aviation Administration shall allow air traffic controllers at Federal Contract Towers to use technology to improve situational awareness including, but not limited to, using Standard Terminal Automation Replacement System (STARS) radar displays, Automatic Dependent Surveillance-Broadcast (ADS-B), Flight Data Input/Output (FDIOs), and Automatic Terminal Information System (ATIS).
“(2) REQUIREMENTS.—To help facilitate the integration of the equipment described in paragraph (1), the Administrator shall—
“(A) establish a set of standards that ensures safety for use of the equipment described in paragraph (1) for the purpose of increased situational awareness;
“(B) identify multiple approved vendors for such equipment if practicable; and
“(C) partner with contract tower providers to define an appropriate initial training program to ensure that any tower radar displays, ADS-B displays, or other equipment is correctly integrated into Federal Contract Tower operations.
“(g) Liability insurance.—
“(1) IN GENERAL.—The Secretary shall consult with industry experts, including air traffic control contractors and aviation insurance professionals, to determine adequate limits of liability for the Contract Tower Program, including during the period described in paragraph (2) with respect to the determination of adequate excess liability insurance under paragraph (2)(B).
“(2) INTERIM STEPS.—During the period that begins on the date of enactment of this subsection and ends on the date the Secretary submits the report required by paragraph (3), the Secretary shall require air traffic control contractors to have adequate excess liability insurance (as determined by the Secretary in consultation with industry experts under paragraph (1)) to ensure resilience should a major accident occur.
“(3) REPORT.—Not later than 6 months after the date of enactment of this subsection, the Secretary shall submit a report to the appropriate committees of Congress on the findings, conclusions, and actions taken and planned to be taken to carry out this subsection.
“(4) APPROPRIATE COMMITTEES OF CONGRESS.—For purpose of this subsection, the term ‘appropriate committees of Congress’ (as defined in subsection (f)(3)) includes the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.”.
SEC. 618A. Contract tower program safety enhancements.
(a) Pilot program for transitioning to FAA Towers.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator shall establish a pilot program to convert high-activity air traffic control towers operating under the Contract Tower Program described in section 47124 of title 49, United States Code, to FAA-staffed Visual Flight Rules towers (in this section referred to as the “Contract Tower Program”).
(2) CONVERSION TO FAA-STAFFED VFR TOWERS.—In selecting facilities to participate in the pilot program established under paragraph (1), the Administrator shall give priority to air traffic control towers operating under the Contract Tower Program that—
(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 air space that serves air carrier, general aviation, and military aircraft.
(3) TOWER SELECTION.—The number of facilities selected to participate in the pilot program established under paragraph (1) shall be determined based on the availability of funds for the pilot program.
(4) CONTROLLER RETENTION.—The Administrator shall appoint to the position of air traffic controller all air traffic controllers currently employed by the Federal contract tower operator and assigned to the pilot program air traffic control tower, provided such controller—
(A) meets the qualifications contained in section 44506(f)(1)(A) of title 49, United States Code; and
(B) has all other pre-employment qualifications required by law.
(A) IN GENERAL.—The Administrator shall conduct a safety analysis to determine whether the conversions described in paragraph (1) had any negative impact on the aviation safety of any air traffic control tower.
(B) REPORT.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing the results of the safety analysis under subparagraph (A).
(6) FUNDING.—For purposes of carrying out this subsection, there is authorized to be appropriated to the Administrator $30,000,000 for fiscal year 2024, to remain available until fiscal year 2029.
(b) Air traffic controller staffing levels at small and medium hub airports.—
(1) IN GENERAL.—Section 47124(b)(2) of title 49, United States Code, is amended—
(A) by striking “The Secretary may” and inserting the following:
“(A) IN GENERAL.—The Secretary may”; and
(B) by adding at the end the following:
“(B) SMALL OR MEDIUM HUB AIRPORTS.—In the case of a contract 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, to provide funding sufficient for the cost of wages and benefits of at least two air traffic controllers for each tower operating shift.”.
(2) APPLICATION.—The amendments made by paragraph (1) shall apply to contracts entered into or renewed by the Secretary under the Contract Tower Program on or after the date of enactment of this section.
(c) Air traffic controller compensation.—
(1) IN GENERAL.—The Secretary and the Secretary of Labor shall review and update the wage determinations for controllers who work in air traffic control towers that are staffed through the Contract Tower Program and shall reassess the basis for air traffic controller occupation codes and the need for additional occupation codes.
(2) REPORT.—Not later than 6 months after the date of enactment of this section, the Secretary and the Secretary of Labor shall submit a report to the appropriate committees of Congress that—
(A) describes the findings and conclusions of the review and reassessment made under paragraph (1);
(B) explains the basis for the wage determination and the justification for the basis; and
(C) describes the steps the Department of Transportation and the Department of Labor are taking to ensure air traffic controller wages are keeping up with inflation and are assigned the appropriate occupation codes.
(d) Priorities for facility selection.—Section 47124(b)(3)(C) of title 49, United States Code, is amended—
(1) in clause (vi), by striking “or mix of aircraft” and inserting “lack of an existing air traffic control tower, or mix of aircraft, including a mix of commercial and significant military flight operations”; and
(2) by adding at the end the following:
“(viii) Air traffic control towers located at airports with projected increases in commercial and military aircraft or flight operations.”.
(a) In general.—Section 47124 of title 49, United States Code, as amended by sections 528 and 618, is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) (as added by section 725), the following:
“(h) Milestones for design approval of remote towers.—
“(1) 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 structured program and publish milestones to achieve system design approval for a remote tower system.
“(2) REQUIREMENTS.—In carrying out subparagraph (A), the Administrator shall—
“(A) rely on support from the Airports Office 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; and
“(B) not later than September 30, 2024, expand validation and certification of system design approval for a digital or remote tower system to three locations outside of the William J. Hughes Technical Center, as specified in section 161 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note).”.
(b) Conforming amendments.—Section 47124(b) of title 49, United States Code, is amended—
(1) in paragraph (3)(B)(ii), by inserting “or a remote airport traffic control tower that has received System Design Approval (SDA) from the Federal Aviation Administration” after “ an operating air traffic control tower”; and
(2) in each of clauses (i)(III) and (ii)(III) of paragraph (4)(A), by inserting “or remote air traffic control tower equipment that has received System Design Approval (SDA) from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”.
Section 47107(a) of title 49, United States Code, is amended—
(1) in paragraph (7), by striking the semicolon and inserting “, such that there are no unsafe practices or conditions as determined by the Secretary;”;
(2) in paragraph (20), by striking “and” after the semicolon;
(3) in paragraph (21), by striking the period at the end and inserting “; and”; and
(4) by inserting after paragraph (21), the following:
“(22) 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 that 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 can make available an unleaded aviation gas that—
“(i) has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gas for use in nearly all spark ignition 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.”.
SEC. 620A. 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 (in this section referred to as “FBOs”) 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) Contents.—In conducting the study described in subsection (a), the Comptroller General, at a minimum, should evaluate the FBO industry commitment to “Know Before You Go” best business practices including—
(1) FBO 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 these fees and charges 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 FBOs to invite and encourage customers to contact them so that operators can ask questions, know their options, and make informed decisions; and
(4) any practices imposed by an airport operator that prevent an FBO from fully disclosing fees and charges.
(c) Report required.—Not later than 18 months after the date of enactment of this section, the Comptroller shall submit a report to the appropriate committees of Congress containing the results of the review required by this section.
SEC. 620B. Aviation fuel in Alaska.
(a) In general.—The Administrator and the Administrator of the Environmental Protection Agency shall not restrict the continued use and availability of 100-octane low lead aviation gas in the State of Alaska through December 31, 2034.
(b) GAO report on transitioning to unleaded aviation gas 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) 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 620, 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 FAA, and other 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 timeframe 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. 621. Civil penalties for grant assurances violations.
Section 46301(a) of title 49, United States Code, is amended—
(1) in paragraph (1)(A), by inserting “section 47107(a)(7) (including any assurance made under such section), section 47107(a)(22) (including any assurance made under such section),” after “chapter 451,”; and
(2) by inserting after paragraph (7), the following:
“(8) FAILURE TO OPERATE AND MAINTAIN AIRPORTS AND FACILITIES SUITABLY.—
“(A) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(7) (including any assurance made under such section) committed by a person, including if the person is an individual or small business concern, shall be $25,000.
“(B) In determining the amount of a civil penalty under paragraph (1) related to a violation of section 47107(a)(7) (including any assurance made under such section), the Secretary of Transportation shall take into account any mitigating circumstances at the airport and facilities on or connected with the airport.
“(9) 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. 622. Community use of airport land.
Section 47107(v) of title 49, United States Code, is amended—
(A) by striking “subsection (a)(13)” and inserting “subsections (a)(13), (b), and (c)”;
(B) by striking “the sponsor has entered” and inserting “the sponsor has—
(C) by striking “market value.” and inserting “market value; or”; and
(D) by adding at the end the following:
“(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.”;
(A) by redesignating subparagraphs (A) through (H) as clauses (i) through (viii), respectively, and moving the left margins of each such clause 2 ems to the right;
(B) by striking “This subsection shall apply only—” and inserting the following:
“(A) AGREEMENTS.—Paragraph (1)(A) shall apply only—”; and
(C) by adding at the end the following:
“(B) RESTRICTIONS.—Paragraph (1)(B) shall apply only—
“(i) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to December 30, 1987;
“(ii) to airport property that has been continuously used for recreational or public park uses since January 1, 1995;
“(iii) if the airport sponsor has provided a written statement to the Administrator that the property to be permanently restricted for recreational and 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 in the future;
“(iv) if the recreational and public park use will not impact the aeronautical use of the airport;
“(v) if the airport sponsor provides a certification that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational or public park use;
“(vi) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502;
“(vii) if the airport sponsor has continuously leased the property since January 1, 1995, to a local government entity to operate and maintain the property at no cost to the airport sponsor; and
“(viii) if the airport sponsor will—
“(I) continue to lease the property to a local government 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 the criteria of section 47502.”; and
(D) by adding at the end the following:
“(4) AERONAUTICAL USE; AERONAUTICAL PURPOSE DEFINED.—
“(A) IN GENERAL.—In this subsection, the terms ‘aeronautical use’ and ‘aeronautical purpose’ 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) INCLUSION OF SERVICES LOCATED ON AN AIRPORT.—Such terms include services located on an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo.
“(C) EXCLUSIONS.—Such terms shall 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 on an airport, such as flight kitchens and airline reservation centers.”.
SEC. 623. 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) 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, 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.
(c) 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.
SEC. 624. Clarifying airport revenue use of local general sales taxes.
(a) Written assurances on revenue use.—Section 47107(b) of title 49, United States Code, is amended by adding at the end the following:
“(4) This subsection does not apply to local general sales taxes as provided in section 47133(b)(4).”.
(b) Restriction on use of revenues.—Section 47133(b) of title 49, United States Code, is amended by adding at the end the following:
“(4) LOCAL GENERAL SALES TAXES.—Subsection (a) shall not apply to revenues from generally applicable sales taxes imposed by a local government, provided—
“(A) the local government had a generally applicable sales tax that did not exclude aviation fuel in effect prior to December 9, 2014;
“(B) the local government is not a sponsor of a public airport; and
“(C) a large hub airport, which had more than 35,000,000 enplanements in calendar year 2021, is located within the jurisdiction of the local government.”.
SEC. 625. AIP handbook review.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Associate Administrator for Airports of the FAA, in consultation with the Governor of Alaska, shall identify reasonable exceptions to the AIP Handbook to be implemented by the FAA to meet unique regional circumstances and advance the safety needs of airports in Alaska, including with respect to the following:
(1) Snow Removal Equipment Building (SREB) size and configuration.
(2) Expansion of lease areas.
(3) Shared governmental use of airport equipment in remote locations.
(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 locations throughout the State.
(b) Updates to AIP Handbook.—
(1) IN GENERAL.—Not later than 60 days after the date on which the Associate Administrator for Airports of the FAA identifies reasonable exceptions under subsection (a), the Administrator shall update the AIP Handbook to incorporate such exceptions to meet the unique circumstances and safety needs of airports in Alaska.
(2) CONSULTATION.—The Administrator shall consult with the Regional Administrator of the FAA Alaskan Region prior to issuing the update to the AIP Handbook required by this section.
(3) ENERGY EFFICIENT LIGHT EMITTING DIODE SYSTEM.—In updating the AIP Handbook under this subsection, the Administrator shall include updates to reflect the energy efficient light emitting diode system as a replacement for any existing halogen system.
SEC. 626. PFAS-related resources for airports.
(a) PFAS replacement program for airports.—Not later than 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following:
(1) The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for—
(A) the capacity of all required aircraft rescue and firefighting (ARFF) 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 per- or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to an acceptable fluorine-free agent, including, but not limited to, aqueous film-forming agents currently in fire-fighting equipment, vehicles, and wastewater generated during the cleaning of fire-fighting equipment and vehicles.
(3) Cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to an acceptable fluorine-free agent.
(4) Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent.
(5) Replacement of aircraft rescue and firefighting (ARFF) equipment as determined by the Secretary as necessary to be replaced.
(b) Distribution of funds.—
(1) GRANTS TO REPLACE ARFF VEHICLES.—
(A) IN GENERAL.—The Secretary shall reserve up to $30,000,000 of the amounts appropriated to carry out the PFAS replacement program 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 foam, to replace aircraft rescue and firefighting (ARFF) vehicles.
(B) AMOUNT.—No grant made to an eligible airport under subparagraph (A) shall exceed $2,000,000.
(A) DETERMINATION OF NEED.—With respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting (ARFF) equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine—
(i) the total amount of such concentrate required for all of the Federally required aircraft rescue and firefighting (ARFF) vehicles that meet index requirements under part 139 of each eligible airport, in gallons; and
(ii) the total amount of nationwide firefighting foam concentrate, in gallons.
(B) DETERMINATION OF GRANT AMOUNTS.—From the amounts appropriated to carry out the PFAS replacement program that remain after the application of paragraph (1), the Secretary shall make a grant to each eligible airport of the amount equal to the product of—
(i) the amount of such remaining funds; 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) 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 fluorine-free foams.
(2) COMPLIANCE WITH APPLICABLE LAW.—All actions related to the acquisition, disposal, and transition to fluorine-free foams, including the cleaning and disposal of equipment, shall be conducted in full compliance with all applicable Federal laws in effect at the time of obligation in order to be eligible for reimbursement under the PFAS replacement program.
(3) GOVERNMENT SHARE.—The Government’s 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 appropriated 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. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam.
(a) In general.—Not later than 180 days after the date of enactment of this section, 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 AC No: 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) Required information.—Each progress report required by subsection (a) shall include the following:
(1) 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 such fluorine-free firefighting foam;
(B) guidance from the Department of Defense on that department's transition 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
(D) timelines for the release of policy and guidance relating to part 139 airport implementation plans for obtaining approved military specification products and firefighting personnel training.
(2) A comprehensive list of the amount of rolling stock of firefighting foam at each part 139 airport as of the date of the submission of the progress report 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 it relates to the use of fluorine-free firefighting foam at such airports.
(4) Such other information as the Administrator determines appropriate.
(c) Progress report termination date.—For purposes of subsection (a), 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) Definition.—In this section, the term “part 139 airport” means an airport certified under part 139 of title 14, Code of Federal Regulations.
SEC. 628. Review of airport layout plans.
(a) 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:
(2) by striking subsection (b) and inserting the following:
(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) 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 new subsection:
“(x) Scope of the Secretary's airport layout plan review and approval authority.—
“(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 only review and approve or disapprove those 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.—If only a portion of a project proposed by an airport owner or operator is subject to the Secretary’s review and approval under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project.
“(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 Secretary's review and approval authority, as described in this subsection.
“(B) 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 Secretary’s review and approval authority under subsection (a)(16)(B).”.
SEC. 629. NEPA purpose and need statements.
(a) In general.—To the extent that the FAA is the lead Federal agency for preparation of an environmental impact statement or an environmental assessment under provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) where an action or approval from more than one Federal agency is required, the FAA shall develop its draft purpose and need statement for the project not later than 45 days after—
(1) the submission of the airport sponsor’s appropriately completed proposed purpose and need description; and
(2) any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the FAA.
(b) Assistance.—The Administrator 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 one Federal agency.
SEC. 630. Passenger facility charge streamlining.
(a) In general.—Section 40117 of title 49, United States Code, is amended—
(i) by striking “The Secretary” and inserting “Except as set forth in the streamlining process described in 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
(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.—The Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. 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) 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 30 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, provided that the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) does 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 of title 49, United States Code; or
“(v) includes multimodal components.”;
(D) by striking paragraph (6); and
(E) by redesignating paragraph (7) as paragraph (6).
(b) Rulemaking.—Not later than 120 days after the date of enactment of this section, the Administrator shall commence a rulemaking to implement the amendments made by subsection (a).
(c) Interim guidance.—The interim guidance established in FAA Memorandum “PFC 73-20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports” (issued January 22, 2020), as modified by subsection (a), shall remain in effect until the effective date of the final rule promulgated under subsection (b).
SEC. 631. Use of passenger facility charges for noise barriers.
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.”.
SEC. 632. Automated weather observing systems policy.
Not later than 60 days after the date of enactment of this section, the Administrator shall establish a process to collaborate with the Director of the National Weather Service to expedite the Automated Surface Observing Systems (ASOS) and the Service Life Extension Program (SLEP) and ensure adequate spare parts and personnel are available for timely response to outages.
SEC. 633. Infrastructure Investment and Jobs Act implementation.
(a) In general.—Not later than 180 days after the date of enactment of this section, the Secretary shall distribute administrative funding to assist States participating in the State block grant program in accordance with 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).
(b) Funding source.—Administrative funds to States under this section shall be distributed from the funds made available in the Infrastructure Investment and Jobs Act 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.
(c) Administrative funds.—With respect to administrative funds made available for fiscal years 2022 through 2026—
(1) the amount of administrative funds available for distribution under subsection (b) 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; 135 Stat. 1416) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program;
(2) administrative funds distributed under subsection (b) shall be used by such States to—
(A) administer and oversee, as outlined in the Memorandum of Agreement or current agreements between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and
(B) carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act; and
(3) except as provided in subsection (d), 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 provides airport grant program funds.
(d) Initial distribution.—With respect to administrative funds made available for fiscal years 2022 and 2023, funds available as of the date of enactment of this section shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment.
(e) State block grant program amendment.—Section 47128 of title 49, United States Code, is amended by adding at the end the following:
“(e) Roles and responsibilities of participating States.—
“(1) AIRPORTS.—Unless a State participating in the program 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 the program.
“(2) PROGRAM DOCUMENTATION.—Any grant agreement providing funds to be administered under the program shall be consistent with the most recently executed memorandum of agreement, as may be amended, between the State and the Federal Aviation Administration. 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 Federal Aviation Administration itself would perform with respect to such action if the State did not participate in the program.
“(3) RESPONSIBILITIES.—The Federal Aviation Administration shall retain responsibility for the following, unless expressly agreed to by the State:
“(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 under section 163 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3224), compatibility planning, and airport layout plan review and approval for projects not funded by amounts available under this subchapter.
“(E) Non-aeronautical and special event recommendations and approval.
“(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.”.
SEC. 634. Report on airport notifications.
Not later than 90 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the FAA's progress 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. 635. Coastal airports resiliency study.
(a) Study.—The Administrator shall work with the Administrator of the National Oceanic and Atmospheric Administration and the United States Army Corps of Engineers to identify best practices for, and study the feasibility of, improving resiliency of airports in coastal or flood-prone areas.
(b) Report.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report describing the results of the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Administrator determines appropriate.
SEC. 636. Electric aircraft infrastructure.
(a) Definitions.—Section 47102 of title 49, United States Code, is amended—
(1) in paragraph (3)(Q), as amended by section 601, by striking “improve the reliability and efficiency of the airport’s power supply” and inserting “increase energy efficiency of the airport’s power supply or meet current and future power demand”; and
(A) in subparagraph (B), by striking “and” after the semicolon;
(B) in subparagraph (C), by striking the period at the end and inserting “; and”; and
(C) by inserting after subparagraph (C), the following:
“(D) assessing current and future electrical power demand.”.
(b) Meeting current and future electrical power demand.—
(1) IN GENERAL.—Section 47140 of title 49, United States Code, is amended to read as follows:
Ҥ 47140. Meeting current and future electrical power demand
“(a) In general.—The Secretary of Transportation shall establish a program under which the Secretary shall do the following:
“(1) Encourage the sponsor of each public-use airport to—
“(A) conduct airport planning that assesses the airport’s—
“(i) current and future electrical power demand, including but not limited to—
“(I) heating and cooling;
“(II) on-road airport vehicles, including ground support equipment;
“(III) gate electrification; and
“(IV) electric aircraft charging; and
“(ii) existing electrical infrastructure condition, location, and capacity to meet the current and future electrical power demand as identified in clause (i); and
“(B) conduct on-airport development to increase energy efficiency or meet future electrical power demands as identified in subparagraph (A)(i).
“(2) Reimburse the sponsor of each public-use airport that conducts an assessment under paragraph (1)(A) for the costs incurred in conducting the assessment to the extent those costs are not otherwise covered under this subtitle.
“(b) Grants.—The Secretary may make grants from amounts made available under section 48103 to assist sponsors of public-use airports with respect to conducting—
“(1) an assessment described in subsection (a)(1)(A); and
“(2) an airport development project described in subsection (a)(1)(B) following the completion of an assessment described in subsection (a)(1)(A) or another assessment acceptable to the Secretary.”.
(2) CONFORMING AMENDMENT.—The analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47140 and inserting the following:
“47140. Meeting current and future electrical power demand.”.
SEC. 637. Study on competition and airport access.
Not later than 180 days after the date of enactment of this section, the Secretary shall report to the appropriate committees of Congress—
(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, but not limited to, New York John F. Kennedy International Airport (JFK) and New York/Newark Liberty International Airport (EWR); and
(2) any additional legal authority the Secretary and the Administrator require in order to make additional slots at JFK and runway timings at EWR available to lower cost passenger air carriers.
SEC. 638. Regional airport capacity study.
(a) In general.—Not later than 90 days after the date of enactment of this section, 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 section) 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 section.
(5) 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) Report.—Not later than 1 year after the date of enactment of this section, 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 18 months after the date of enactment of this section, the Administrator shall 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. 639. Study on autonomous and electric-powered track systems.
(a) Study.—The Administrator shall conduct a study to develop a standard for autonomous and 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) Report.—Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report detailing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Administrator determines appropriate.
SEC. 640. 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 defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2023–2027 (as published under section 47103 of title 49, United States Code) may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a public airport.
(2) REQUIRED INFORMATION.—In submitting a request under paragraph (1), the privately owned reliever airport shall include the following information:
(A) 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.
(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) 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 airport's safety, security, capacity, access, compliance with Federal grant assurances, and protection of natural resources 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) may require the airport requesting reclassification to provide information regarding the outlook (whether positive or negative) for transferring the airport to a public sponsor; and
(B) may not require the airport to obtain a public sponsor.
(c) Reclassification by the Secretary.—
(1) 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, passes the eligibility review performed under subsection (b).
(2) CORRECTIVE ACTION PLAN.—
(A) IN GENERAL.—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—
(i) resolves any shortcomings identified in such eligibility review; and
(ii) proves that any necessary corrective action has been completed by the airport.
(B) EVALUATION.—Not later than 60 days after receiving a corrective action plan under subparagraph (A), the Secretary shall grant the reclassification request of any privately owned reliever airport if such airport submits such corrective action plan to the satisfaction of the Secretary.
(d) Effective date.—The reclassification of any privately owned reliever airport under this section shall take effect not later than—
(1) fiscal year 2025 for any request granted under subsection (c)(1); and
(2) fiscal year 2026 for any request granted after the submission of a corrective action plan under subsection (c)(2).
SEC. 641. General aviation airport runway extension pilot program.
(a) In general.—Subchapter I of chapter 471 of title 49, United States Code, as amended by section 611(a), is amended by adding at the end the following new section:
Ҥ 47147. General aviation program runway extension pilot program.
“(a) Establishment.—Not later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish 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.
“(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 to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length.
“(3) 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) of title 49, United States Code; 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).
“(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) 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 this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and
“(3) a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports.
“(f) Funding.—For each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.”.
(b) Clerical amendment.—The analysis for subchapter I of chapter 471 of such title, as amended by section 611(b), is amended by inserting after the item relating to section 47146 the following:
“47147. General aviation airport runway extension pilot program.”.
SEC. 642. Applicability of screening requirements.
Section 44901 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(m) Applicability of screening requirements.—
“(1) DEFINITIONS.—In this subsection:
“(A) ADMINISTRATION.—The term ‘Administration’ means the Transportation Security Administration.
“(B) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Transportation Security Administration.
“(C) APPLICABLE FEDERAL PROTECTIVE AGENCY.—The term ‘applicable Federal protective agency’ means—
“(i) in the case of a Cabinet Member, the executive agency assigned to provide protection to the Cabinet Member;
“(ii) in the case of a Member of Congress, the United States Capitol Police; and
“(iii) in the case of a Federal judge, the United States Marshals Service.
“(D) CABINET MEMBER.—The term ‘Cabinet Member’ means an individual who is the head (including an acting head) of the Department of Agriculture, Department of Commerce, Department of Defense, Department of Education, Department of Energy, Department of Health and Human Services, Department of Homeland Security, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Labor, Department of State, Department of Transportation, Department of the Treasury, Department of Veterans Affairs, or any other individual who occupies a position designated by the President as a Cabinet-level position.
“(E) COMMERCIAL SERVICE AIRPORT.—The term ‘commercial service airport’—
“(i) has the meaning given that term in section 47102; and
“(ii) includes any airport at which the Administration provides or contracts to provide screening.
“(F) COVERED PERSON.—The term ‘covered person’ means a Federal judge, a Member of Congress, or a Cabinet Member who, as determined by an applicable Federal protective agency, currently is or previously has been the subject of a threat, as determined by such applicable Federal protective agency.
“(G) FAMILY MEMBERS.—The term ‘family members’ means a covered person’s spouse and children.
“(H) FEDERAL JUDGE.—The term ‘Federal judge’ means a justice of the United States or a judge of the United States, as those terms are defined in section 451 of title 28.
“(I) MEMBER OF CONGRESS.—The term ‘Member of Congress’ means a member of the Senate or the House of Representatives, a Delegate to Congress, or the Resident Commissioner from Puerto Rico.
“(J) PROHIBITED ITEM.—The term ‘prohibited item’ means an item prohibited under section 1540.111 of title 49, Code of Federal Regulations.
“(K) STAFF MEMBERS.—The term ‘staff members’ means up to 2 individuals who work for a covered person.
“(L) STERILE AREA.—The term ‘sterile area’ has the meaning given that term in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation.
“(2) APPLICATION OF PASSENGER AND BAGGAGE SCREENING REQUIREMENTS.—Except as provided in paragraph (3), Members of Congress, including the congressional leadership, the heads of Federal agencies and commissions, including the Secretary of Homeland Security, the Deputy Secretary, the Under Secretaries, and the Assistant Secretaries of the Department of Homeland Security, the Attorney General, the Deputy Attorney General, the Assistant Attorneys General, and the United States Attorneys, and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening requirements at airports.
“(3) SAFE AIRPORT TRAVEL SPECIALIZED SCREENING PROCESS.—
“(A) REQUEST.—A covered person who is or will be traveling through a commercial service airport, or the covered person’s designee, may request that the applicable Federal protective agency make the notification described in subparagraph (B). If a covered person or the covered person’s designee makes a request described in this paragraph, the applicable Federal protective agency shall make the notification described in subparagraph (B) within 48 hours prior to travel or as soon as practicable after the covered person or the covered person’s designee makes the request, provided that the requirements of this subsection shall apply regardless of the timing of such notification.
“(B) NOTIFICATION.—The notification described in this paragraph is a notice to the Administrator that a covered person is or will be traveling through a commercial service airport. If a covered person's family members, staff members, or both will be traveling with the covered person, the notice shall include that information. The Administrator shall notify the appropriate personnel at the commercial service airport. If necessary, the applicable Federal protective agency shall notify personnel at the appropriate air carrier.
“(C) SECURITY ESCORT.—Except as provided in subparagraph (D)(ii), when the Administrator receives a notification described in subparagraph (B), the Administrator shall provide, or shall arrange for the provision of, a security escort at a commercial service airport for a covered person, and if applicable, any family members and staff members of the covered person traveling with the covered person, for the entirety of the time that the covered person and any such family members and staff members are at a commercial service airport. The covered person and any family members and staff traveling with the covered person shall be required to possess acceptable forms of identification for identity verification, and shall refrain from possessing prohibited items in carry-on luggage or in the sterile areas of the airport. The Administrator may require the commercial service airport to provide the security escort required by this paragraph. The escort required by this paragraph shall be an individual authorized by the Administrator to escort an individual eligible for the specialized screening procedures under this subsection.
“(i) IN GENERAL.—The security escort required by subparagraph (C) shall escort the covered person and, if applicable, any family members and staff members of the covered person traveling with the covered person, through a commercial service airport without the imposition of costs or other fees on the covered person, or on any family members and staff members traveling with the covered person. The covered person and, if applicable, any family members and staff members of the covered person traveling with the covered person, shall travel through the commercial service airport with the security escort in accordance with the specialized screening procedures for an individual under protective escort, in effect as of January, 1, 2024, in lieu of the screening procedures described in this section, and the airport security program described under part 1542 of title 49, Code of Federal Regulations.
“(ii) LIMITED EXCEPTION.—If a covered person has a security escort that is authorized by the Administrator to escort the covered person and, if applicable, any family members and staff members of the covered person traveling with the covered person, through the commercial service airport with the security escort in accordance with the specialized screening procedures for an individual under protective escort, in effect as of January 1, 2024, in lieu of the screening procedures described in this section, and the airport security program described under part 1542 of title 49, Code of Federal Regulations, the Administrator shall not be required to provide, or arrange for the provision of, a security escort under subparagraph (C) for the covered person and, if applicable, any family members and staff members of the covered person traveling with the covered person, through the commercial service airport.
“(E) IMPLEMENTATION.—Not later than 60 days after the date of enactment of this subsection, the Administrator shall conduct an assessment on the impacts to the transportation security system, including the staffing and resource needs, and update or issue such guidance or advisory circulars as are necessary to carry out this subsection.
“(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of paragraph (3), including for reimbursements to owners or operators of commercial service airports, local law enforcement, or other law enforcement officers for the provision of security escorts.
“(5) BRIEFINGS.—The Administrator, in coordination with the head of each applicable Federal protective agency and the Administrator of the Federal Aviation Administration, shall provide to the appropriate committees of Congress a briefing on the implementation and ongoing use of the provisions of paragraph (3), including staffing and resource needs, and the procedures of the Administration for processing individuals under protective escort upon the request of any such committee.
“(6) COORDINATION.—The Administrator of the Federal Aviation Administration shall coordinate with the Administrator and the heads of the applicable Federal protective agencies to implement the requirements of this subsection, as appropriate.
“(7) EXEMPTION REVOCATION.—If prohibited items are discovered on the property of, or on a covered person, or the covered person’s family members or staff members traveling with the covered person, the Administrator may deny the covered person and any family members and staff members of the covered person traveling with the covered person specialized screening under subsection (c).
“(8) ADDITIONAL SCREENING.—A covered person, and the covered person’s family members and staff members traveling with the covered person, may be subject to a random screening protocol or be required to undergo screening at a commercial service airport if the Federal Security Director designated for that airport under section 44933 believes that there is a risk to the aviation system associated with the screening exemption of such individual.
“(9) CERTIFICATION FROM COVERED PERSONS.—A covered person shall certify to the Administration or the applicable Federal protective agency that the covered person and the family members and staff members traveling with the covered person do not possess any prohibited items.”.
SEC. 643. Additional permitted uses of passenger facility charge revenue.
Section 40117(a)(3) of title 49, United States Code, as amended by section 631, is amended by adding at the end the following new subparagraph:
“(I) A project for costs incurred in connection with the relocation of a Federal agency on airport grounds due to a terminal development or renovation project at such airport, but such costs shall be limited to the replacement of existing work space elements (including any associated in-kind facility or equipment within or immediately adjacent to such terminal development or renovation project at such airport) for which development costs are eligible costs under this section.”.
SEC. 644. Airport infrastructure resilience pilot program.
(a) Establishment.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Secretary shall establish a pilot program to provide competitive grants to eligible airport sponsors for the planning, design, and construction of projects that meet the requirements described in subparagraph (B).
(B) PROJECT REQUIREMENTS DESCRIBED.—The requirements described in this subparagraph, with respect to a project, are the following:
(i) The project is on airport property or other property owned exclusively by the eligible airport sponsor with good title and without encumbrance, as described on an Airport Layout Plan or included in the airport land inventory in the case of properties remote from the airport.
(ii) The project is for the exclusive benefit of and use by the airport.
(iii) The project will reduce the vulnerability of airport infrastructure to any of the following:
(I) Long-term risks to the land surface, subsurface, and atmosphere due to changing conditions, such as inundation caused by—
(dd) higher air temperatures.
(II) Weather events and natural disasters, such as severe storms, flooding, high winds, drought, wildfire, rockslides, mudslides, and other slope instabilities, sinkholes, tsunami, earthquakes, and extreme weather, including extreme temperature and precipitation.
(C) ELIGIBLE AIRPORT SPONSOR.—In this section, the term “eligible airport sponsor” means a sponsor of an airport that is included in the national plan of integrated airport systems described in section 47103 of title 49, United States Code.
(D) CLARIFICATION.—Projects funded under the pilot program under this section may be for new projects as well as for making improvements to existing infrastructure and may include the purchasing of monitoring equipment or monitoring services.
(2) CONSULTATION.—In establishing the pilot program under paragraph (1), the Secretary shall—
(A) engage in a public comment period; and
(ii) the Administrator of the Federal Emergency Management Agency;
(iii) The Administrator of the National Oceanic and Atmospheric Administration; and
(iv) the Administrator of the National Aeronautics and Space Administration.
(3) REQUIREMENTS.—In awarding grants to eligible airport sponsors under the pilot program under this section, the Secretary shall only award a grant for a project that meets each of the following requirements, as determined by the Secretary:
(A) The project will reduce airport vulnerability to changing conditions and extreme weather events.
(B) The project meets applicable engineering standards, as defined by the Secretary.
(C) The anticipated benefits of the project are supported by the best available scientific research and analysis.
(D) The project meets other requirements determined appropriate by the Secretary.
(4) CONSIDERATIONS.—In awarding grants to eligible airport sponsors under the pilot program under this section, the Secretary shall consider—
(A) whether the project includes natural infrastructure, as defined in section 101 of title 23, United States Code; and
(B) the potential for the project to mitigate the airport’s impact on the environment.
(5) APPLICATION.—To be eligible to receive a grant under the pilot program under this section, an eligible airport sponsor shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. Such information shall include a preliminary description of how the proposed project is projected to benefit and potentially impact both the airport and the surrounding communities with regard to changing conditions, weather events, and natural disasters.
(6) REPORTS TO SECRETARY.—An eligible airport sponsor that is awarded a grant under the pilot program under this section shall submit to the Secretary periodic reports on the use of the funds. Such reports shall be submitted at such time, in such form, and containing such information as the Secretary may require.
(b) Distribution to smaller airports.—In conducting the pilot program under this section, the Secretary shall ensure that not less than 25 percent of the funds made available under subsection (f) are used to award grants to eligible airport sponsors of small hub airports, nonhub airports, airports that are not a primary airport, and reliever airports, as such terms are defined in section 47102 of title 49, United States Code.
(c) Federal share.—The United States Government's share of allowable project costs for a project carried out with a grant under the pilot program shall be the United States Government's share of allowable project costs specified under section 47109 of title 49, United States Code.
(d) Requirements.—Projects carried out, in whole or in part, with grants under the pilot program under this section shall be subject to the requirements under section 47112 of title 49, United States Code.
(e) Report to Congress.—
(1) IN GENERAL.—Not later than 6 months after the Secretary first awards a grant under the pilot program under this section, and annually thereafter for as long as the Secretary is conducting the pilot program under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program established under this section. Each such report shall include—
(A) a description of each project funded under the pilot program, including the vulnerabilities it addresses;
(B) a description of the applications under the pilot program;
(C) recommendations to improve the administration of the pilot program, including whether consultation with additional or fewer agencies to carry out the pilot program is appropriate and whether additional appropriation levels are appropriate;
(D) a description of the period required to disburse grant funds to eligible airport sponsors, including the time needed for Federal coordination; and
(E) other items determined appropriate by the Secretary.
(2) PUBLIC AVAILABILITY.—The Secretary shall post each report submitted under paragraph (1) on the public internet website of the Department of Transportation.
(f) Funding.—There is authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such sums shall remain available until expended.
SEC. 645. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities.
(a) In general.—During the period beginning on the date that is 30 days after the date of the 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 contract described in subsection (b) with any entity on the list required by subsection (c).
(b) Contract described.—A contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.
(c) List required.—
(1) IN GENERAL.—Not later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, the Attorney General, and the Administrator shall make available to the Administrator a publicly-available list of entities manufacturing airport passenger boarding infrastructure or equipment that—
(A) are owned, directed by, or subsidized in whole or in part by the People’s Republic of China;
(B) 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);
(D) own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or
(E) 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) UPDATES TO LIST.—The United States Trade Representative shall update the list required by 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.
(d) Definitions.—In this section, the definitions in section 47102 of title 49, United States Code, shall apply.
SEC. 646. Ensuring that certain projects related to natural hazards and emergency management are eligible for funding under the Federal Aviation Administration's airport improvement program.
(a) Intermodal planning.—Section 47101(g) of title 49, United States Code, is amended—
(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
(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.”.
(b) Definition of airport development.—Section 47102(3) of title 49, United States Code, as amended by section 601, is amended by adding at the end the following new subparagraphs:
“(W) improvements, supported by planning or resiliency studies, or planning for improvements, of primary runways, taxiways, and aprons necessary at an airport to increase operational resilience to prepare the airport for resuming or maintaining flight operations in the event of an earthquake, flooding, high water, sea level rise, a hurricane, a tropical storm, a cyclone, storm surge, a tidal wave, a tornado, a tsunami, wind driven water, wildfire, land instability, or a winter storm.
“(I) planning for disaster preparedness associated with maintaining airport operations during a natural disaster;
“(II) acquiring airport communication equipment and fixed emergency generators that are not eligible for funding under programs funded under the Department of Homeland Security; and
“(III) constructing, expanding, or improving airfield infrastructure to include aprons and terminal buildings the Secretary of Transportation determines will facilitate disaster response at the airport.
“(ii) The requirements described in this clause are the following:
“(I) The airport and the facilities and fixed-based operators on, or connected with, the airport are operated and maintained in a manner the Secretary of Transportation considers suitable for disaster relief. An airport shall not be considered as failing to meet the requirement under the preceding sentence if a runway is unusable because the runway is under scheduled maintenance or is in need of necessary repairs.
“(II) The airport has developed an emergency natural disaster management plan in coordination with State and local officials.”.
SEC. 647. Visual weather observation systems.
(a) In general.—Not later than 5 years after the date of enactment of this section, the Administrator shall finalize research of VWOS and develop standard operation specifications for operator use.
(b) Deployment.—Not later than 180 days after completing the tasks required by subsection (a), the Administrator shall begin deployment of VWOS at locations in the non-contiguous States with instrument flight rules operations where AWOS or ASOS do not exist.
(c) Modifications.—Upon the request of an aircraft operator, the Administrator shall issue or modify the standard operation specifications for VWOS developed under subsection (a) to allow VWOS to be used to satisfy the requirements for supplemental noncertified local weather observations under section 322 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44720 note).
(d) Report.—Not later than September 30, 2028, the Administrator shall submit to the appropriate committees of Congress a report on the implementation of this section.
(e) Definitions.—In this section:
(1) ASOS.—The term “ASOS” means an Automated Surface Observing System.
(2) AWOS.—The term “AWOS” means an Automated Weather Observation System.
(3) VWOS.—The term “VWOS” means a Visual Weather Observation System.
SEC. 648. Transfers of air traffic systems acquired with AIP funding.
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”;
(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.”.
SEC. 649. Consideration of small hub control towers.
In selecting projects for the replacement of Federally-owned air traffic control towers from 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—Facilities and Equipment”, the Administrator shall consider selecting projects at small hub commercial service airports with control towers that are at least 50 years old.
SEC. 650. Codification of FAA notice of policy relating to addressing disputed changes of sponsorship at Federally obligated, publicly owned airports.
The notice of policy of the FAA entitled “Notice of Policy on Evaluating Disputed Changes of Sponsorship at Federally Obligated Airports” (81 Fed. Reg. 36144 (June 6, 2016)) is enacted into law.
SEC. 651. Eligible revenue-producing facilities at rural public-use general aviation airports.
The Administrator shall not restrict funding for eligible revenue-producing facilities at rural public use general aviation airports. Any such facilities shall be identified in the airport’s master plan.
SEC. 652. Increasing the energy efficiency of airport power sources.
(a) In general.—Section 47140 of title 49, United States Code, is amended—
(1) in subsection (a), by inserting after the first sentence the following new sentence: “To the maximum extent practicable, the Secretary shall provide technical assistance to the sponsor of each public-use airport to consider the ability of electrochromic glass to maximize energy efficiency and peak load savings.”; and
(2) in subsection (b)(1), by striking “that will increase energy efficiency at the airport” and inserting “that will maximize increases in energy efficiency and peak load savings at the airport”.
(b) Airport development definition.—Section 47102(3)(P) of title 49, United States Code, is amended by inserting “, electrochromic glass (as defined in section 1009 of the Energy Policy Act of 2020 (Public Law 116–260; 134 Stat. 2438)),” after “electrical generators”.
TITLE VII—AIR SERVICE IMPROVEMENTS
subtitle A—Consumer Enhancements
SEC. 701. 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 “March 8, 2024” and inserting “September 30, 2028”.
(b) Additional members.—Section 411(b) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended—
(1) in paragraph (3), by striking “and” at the end;
(2) in paragraph (4), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
“(5) foreign air carriers;
“(6) nonprofit public interest groups with expertise in disability and accessibility matters; and
Ҥ 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 of the passenger, promptly 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—
“(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) 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 request for the refund; or
“(2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund.
“(c) Alternative to refund.—An air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an 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; and
“(2) the voucher, credit, or other form of compensation remains valid and redeemable by the consumer for a period of at least 5 years from the date on which the voucher, credit, or other form of compensation is issued.
“(d) Significantly delayed or changed flight.—In defining ‘significantly delayed or changed flight’ for purposes of this section, the Secretary shall ensure that such term 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.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.
“(a) In general.—Not later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund.
“(b) Covered entity defined.—In this subsection, the term ‘covered entity’ means—
“(1) an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and
“(2) a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.”.
(b) Clerical amendment.—The analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42304 the following:
“42305. Refunds for cancelled or significantly delayed or changed flights.
“42306. Refund Portal.”.
SEC. 703. Airline passenger rights transparency act.
(a) Findings.—Congress finds the following:
(1) Air travel is an essential part of modern life, and passengers have certain rights and protections under the law.
(2) Passengers are often not aware of such rights and protections under the law.
(3) To address this problem, airports, air carriers, and foreign air carriers must provide clear and concise information regarding passenger rights in a manner that is easily accessible and understandable to all passengers.
(b) Transparency requirements.—
(1) CONSUMER COMPLAINTS.—Section 42302 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(f) Notice to passengers on electronic flight itinerary ticket confirmation.—Each air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.”.
(2) KNOW YOUR RIGHTS POSTERS.—
(A) IN GENERAL.—Chapter 423 of title 49, United States Code, as amended by section 703(a), is amended by inserting after section 42306 the following:
Ҥ 42307. Know your rights posters
“(a) In general.—Each large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) 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;
“(3) bumping of passengers from flights and the oversale of flights; and
“(4) lost, delayed, or damaged baggage.
“(b) Location.—Such posters 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 (as such terms are defined in section 40102) with scheduled passenger service shall ensure that passengers with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as such are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.”.
(B) CLERICAL AMENDMENT.—The analysis for chapter 423 of title 49, United States Code, as amended by section 703(b), is amended by inserting after the item relating to section 42306 the following:
“42307. Know your rights posters.”.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this section.
SEC. 704. Disclosure of ancillary fees.
(a) Flexibility.—
(1) IN GENERAL.—In determining whether a practice is an unfair or deceptive practice under section 41712 of title 49, United States Code, with respect to the disclosure of ancillary fees, the Secretary, shall provide air carriers, foreign air carriers, and ticket agents with the flexibility to develop the manner in which such information is transmitted to consumers as long as such information (consistent with the objective of assuring that consumers are provided with usable, current, and accurate information on critical ancillary fees in a format that the consumer can easily compare multiple flight options) is—
(A) presented to the consumer in a reasonable and transparent manner prior to booking; and
(B) displayed in a format that assists the consumer in making more informed decisions.
(2) CRITICAL ANCILLARY FEES DEFINED.—For purposes of paragraph (1), the term “critical ancillary fees” means—
(i) the first and second checked bag of an airline passenger;
(ii) one carry-on bag of an airline passenger;
(iii) changing or canceling a reservation; and
(iv) adjacent seating when traveling with a child that is 13 years of age or younger; and
(B) any other fees for ancillary services that are identified by the Secretary in the rule finalizing the proposed rule published by the Secretary on March 3, 2023, and titled “Enhancing Transparency of Airline Ancillary Service Fees” (88 Fed. Reg. 13389) as being critical to consumers in choosing among air transportation options.
(b) Ticket agents.—The Secretary shall not find that a ticket agent is out of compliance with a requirement in the final rule described in subsection (a)(2)(B) with respect to the disclosure of critical ancillary fees if the Secretary determines that such noncompliance is due to the failure of an air carrier or foreign air carrier to provide the ticket agent with the information required to comply with such requirement.
SEC. 705. 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) During a period of mass cancellations, customers may be unable to easily connect, either in-person or through a toll-free customer service phone number, with a customer service representative of an air carrier.
(3) While many air carriers have robust online and smart phone application chat resources, many customers may not have access to those resources, and customers often have time-sensitive questions that cannot be answered through an automated service or website.
(4) Not all customers of air carriers are able to easily use online and chat resources.
(5) 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, as amended by section 704(b), is amended by inserting after section 42307 the following:
Ҥ 42308. Requirement to maintain a live customer chat or monitored text messaging number
“(1) IN GENERAL.—A covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly.
“(2) PROVISION OF SERVICES.—The services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis.
“(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 provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats.
“(d) 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 (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.”.
(2) CLERICAL AMENDMENT.—The analysis for chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after the item relating to section 42307 the following:
“42308. Requirement to maintain a live customer chat or monitored text messaging number.”.
SEC. 706. Frequent flyer programs and vouchers.
(a) In general.—Chapter 423 of title 49, United States Code, as amended by section 706(b), is amended by inserting after section 42308 the following new section:
Ҥ 42309. Frequent flyer programs
“(a) Reduction in benefits.—An air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation.
“(b) Expiration of benefits.—
“(1) INITIAL NOTIFICATION.—Upon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit. The air carrier or ticket agent, where applicable and 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), shall provide such notification in an electronic format that is accessible to the recipient.
“(2) SUBSEQUENT NOTIFICATION.—Not less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit.
“(c) Definition of frequent flyer program.—In this section, the term ‘frequent flyer program’ means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.”.
(b) Clerical amendment.—The analysis for chapter 423 of such title, as amended by section 706(b), is amended by inserting after the item relating to section 42308 the following:
“42309. Frequent flyer programs.”.
SEC. 707. Airline customer service dashboards.
(a) Dashboards.—
(1) IN GENERAL.—Chapter 423 of title 49, United States Code, as amended by section 707(a), is amended by inserting after section 42309 the following:
Ҥ 42310. DOT airline customer service dashboards
“(a) Requirement to establish and maintain publicly available dashboards.—The Secretary of Transportation (in this section referred to as the ‘Secretary’) 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 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. 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).
“(2) 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.
“(3) 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.
“(b) 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, and any other relevant department or agency to determine appropriate accessibility standards, as well as with disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities (as defined in section 382.3, title 14, Code of Federal Regulations) are able to live and participate in their communities.
“(c) Bureau of Transportation Statistics.—
“(1) ATCSCC DELAYS.—Not later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new ‘cause of delay’ category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center.
“(2) FAMILY SEATING COMPLAINTS.—Not later than 30 days after the date of enactment of this section, 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.
“(d) Air travel consumer report.—
“(1) ATCSCC DELAYS.—Not later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration 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.—Not later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (c)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2).
“(e) Provision of information.—Each large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.”.
(2) ESTABLISHMENT.—The Secretary shall establish each of the online dashboards required by section 42310(a) of title 49, United States Code, not later than 30 days after the date of enactment of this section.
(b) Clerical amendment.—The analysis for chapter 423 of title 49, United States Code, as amended by section 707(b), is amended by inserting after the item relating to section 42309 the following:
“42310. DOT airline customer service dashboards.”.
SEC. 708. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights.
Section 106(g) of title 49, United States Code, is amended by adding at the end the following new paragraph:
“(3) Annually, (and more frequently as needed) 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 following:
“(A) The efforts, activities, objectives, and plans of the Administration in continuing to address ongoing concerns about passenger protections during operational meltdowns of air carriers and foreign air carriers.
“(B) The efforts of the Administration to engage with Congress and the public on issues related to operational meltdowns of air carriers and foreign air carriers.”.
SEC. 709. Enhancing child safety.
(a) In general.—Not later than 2 years after the date of enactment of this section, the Administrator shall issue new or revised guidance that provides testing standards to allow for the use of a child restraint system on a covered aircraft that meets such testing standards, without regard to whether such child restraint system also meets the standards set forth in section 571.213 of title 49, Code of Federal Regulations.
(b) Covered aircraft defined.—In this section, the term “covered aircraft” means an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.
SEC. 710. Codification of consumer protection provisions.
(a) Section 429 of the FAA Reauthorization Act of 2018.—
(1) IN GENERAL.—Section 429 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 note prec.) 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 49; and
(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) 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 49; and
(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” 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, is amended by adding at the end the following:
“41727. Passenger rights.
“41728. Airline passengers with disabilities bill of rights.”.
SEC. 711. GAO study on competition and consolidation in the air carrier industry.
(a) 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—
(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 section.
(b) 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 containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
SEC. 712. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards.
(a) Study.—
(1) IN GENERAL.—The Comptroller General shall study and assess the operational preparedness of air carriers for preparing 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 by 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 air carriers’ operational investments, staffing levels and safety policies, mitigation strategies, and other resiliency planning.
(B) How the FAA oversees air carriers’ operational resilience to storms and natural disasters, as well as changing conditions.
(C) Steps the Federal Government and air carriers can take to improve their operational resilience to storms and natural disasters, as well as changing conditions.
(b) Briefing and report.—
(1) BRIEFING.—Not later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation 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 a report to the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation 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 that term in section 40102 of title 49, United States Code.
SEC. 713. 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) Effective date.—The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment.
(c) Conforming regulations.—The Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).
(a) In general.—Not later than 180 days after the date of enactment of this section, 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 seat 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.
(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) Young child.—In this section, the term “young child” means an individual who has not attained 14 years of age.
SEC. 715. 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 (referred to in this subsection as the ‘Office’) to administer and enforce the aviation consumer protection and civil rights authorities provided to the Department by statute, including those under section 41712—
“(A) to assist, educate, and protect passengers; and
“(B) to monitor compliance with, conduct investigations relating to, and enforce, including by taking appropriate action to address violations of, aviation consumer protection, civil rights, and aviation economic requirements.
“(2) LEADERSHIP.—The Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (referred to in this subsection as the ‘Assistant Secretary’).
“(3) TRANSITION.—Not later than 180 days after the date of enactment of this subsection, 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. The Department shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and those employees shall be transferred from the Office of the General Counsel as appropriate to the newly established Office of Aviation Consumer Protection. To the extent the Office of the General Counsel retains any attorney or hires any new attorney to advise the newly established Office of Aviation Consumer Protection, those attorneys will be located in the remaining offices within the Office of the General Counsel.
“(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
“(B) the duties and activities of the Office described in subparagraphs (A) through (C) of paragraph (1).
“(5) 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) 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) 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.”.
SEC. 716. 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 “2023” and inserting “2028”.
SEC. 717. 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) 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.
“(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.
“(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) 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 the FAA Reauthorization Act of 2024 to serve an airport located beyond the perimeter described in section 49109 of title 49, United States Code.
subtitle B—Accessibility
SEC. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities.
Section 439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended by striking “March 8, 2024” and inserting “September 30, 2028”.
SEC. 732. Modernization and improvements to aircraft evacuation.
(a) Study.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, 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.
(A) REQUIREMENTS.—The study required by paragraph (1) shall include—
(i) a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards;
(ii) 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 those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;
(iii) 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 those 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) any other analysis determined appropriate by the Administrator.
(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 safety 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 (the number of passengers relative to the number of seats onboard the aircraft) on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(xi) The impact of service animals on the ability of passengers (including such service animals and their handlers) 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 when the Administrator determines that the new aircraft design is significant.
(xiii) Any other factor determined appropriate by the Administrator.
(C) PASSENGERS WITH DISABILITIES DEFINED.—For purposes of this paragraph, 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.—Not later than 180 days after the completion of the study under subsection (a), the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review the findings of the study and 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 the disability community 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 under subsection (a) and developing recommendations regarding the improvement of the evacuation standards, 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 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 recommendations under subsection (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); and
(3) the Administrator's plan, if any, to implement such recommendations.
(d) Rulemaking.—Not later than 90 days after submitting the report to Congress under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator deems appropriate.
SEC. 733. Improved training standards for assisting passengers who use wheelchairs.
(a) Rulemaking.—The Secretary shall conduct a rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who must 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—
(1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for providing aisle chair assistance; and
(2) be able to successfully demonstrate each of the following skills in hands-on training sessions before being allowed to board or deplane a passenger using an aisle chair or other boarding device:
(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.
(C) How to effectively communicate with, and take instruction from, the passenger.
(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 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;
(3) whether air carriers and foreign air carriers should be required to use their own personnel instead of contractors for boarding passengers with limited or no mobility; and
(4) whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training 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 section, 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. 734. Training standards for stowage of wheelchairs and scooters.
(a) Rulemaking.—The Secretary shall conduct a rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters on aircraft.
(b) Requirements.—The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors—
(1) complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for handling and stowing wheelchairs and scooters; and
(2) be able to successfully demonstrate each of the following skills in hands-on training sessions before being allowed to handle or stow a wheelchair or scooter:
(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 assistive device manufacturer.
(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.
(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 wheelchair manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in administering and auditing training; and
(2) whether air carriers and foreign air carriers should require personnel or contractors to use specialized equipment in loading and unloading wheelchairs and scooters.
(d) Final rule.—Not later than 12 months after the date of enactment of this section, 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. 735. Mobility Aids On Board Improve Lives and Empower All.
(a) Publication of information related to powered wheelchairs.—
(1) ADVISORY CIRCULAR.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue an advisory circular that provides guidance to air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code) on publishing information related to powered wheelchairs on the website of such carrier, including—
(A) information describing the dimensions of the cargo holds of all aircraft types in the air carrier's fleet, including the dimensions of the cargo hold entry; and
(B) in the case of a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) traveling with a wheelchair (including a power wheelchair, manual wheelchair, or scooter) who has purchased a ticket for a flight from the air carrier but who cannot fly on the existing aircraft because the wheelchair of such qualified individual cannot fit in the cargo hold, information regarding the process for such qualified individual to get a refund of any previously paid fares, fees, and taxes applicable to such flight.
(2) REQUIREMENT.—Not later than 18 months after the date of enactment of this section, each air carrier and foreign air carrier shall be required to publish, in a prominent and easily accessible place on the website of the carrier, the information described in the advisory circular issued under paragraph (1).
(b) Evaluation of data regarding mishandled wheelchairs.—Not later than 6 months after the date of enactment of this section, and annually thereafter, the Secretary shall—
(1) evaluate data (which shall be delineated by type of wheelchair being mishandled, such as power wheelchairs, manual wheelchairs, and scooters, and by type of mishandling, such as damage (including the type of damage, 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, and any other type of damage deemed appropriate by the Secretary), delay, or loss) regarding the frequency of mishandling of wheelchairs (as defined in section 37.3 of title 49, Code of Federal Regulations) occurring on aircraft;
(2) determine whether there are issues with respect to such frequency and type of mishandling; and
(3) review and report any claims for which an air carrier has conclusive evidence of fraud.
(c) Report on mishandled wheelchairs.—Not later than 6 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report (which shall be made publicly available on the website of the Department of Transportation) regarding the results of each such evaluation and determination under subsection (b), including how the Secretary plans to address such results through consultation with air carriers, wheelchair manufacturers, national disability and disabled veterans organizations, and other relevant stakeholders.
(d) Feasibility of in-cabin wheelchair restraint systems.—
(1) ROADMAP.—Not later than 1 year after the date of enactment of this section, 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 Sciences, 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 (RESNA), 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 Special Report 341; and
(B) sponsor studies that assess issues and considerations, including those set forth in 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) 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 (including power wheelchairs, manual wheelchairs, and scooters) 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) REPORT.—Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.
SEC. 736. Prioritizing Accountability and Accessibility for Aviation Consumers.
(a) Annual report.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the appropriate committees of Congress, and shall make each annual report publicly available.
(b) Report.—Each annual report submitted under subsection (a) shall include, but not be limited to, 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 5 most recent calendar years.
(2) The nature of such complaints, such as 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;
(C) the condition or lack of accessibility equipment or materials;
(D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability;
(E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier;
(F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent;
(G) issues experienced by passengers with a disability traveling with a service animal; and
(H) such other issues as the Secretary deems appropriate.
(3) An overview of the review process for such complaints received during such period.
(4) The median length of time for how quickly review of such complaints were initiated.
(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, (commonly known as the “Air Carrier Access Act of 1986”)—
(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);
(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 Federal Aviation Administration, were referred to the Federal Aviation Administration.
(c) Definitions.—
(1) IN GENERAL.—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 any term defined in such sections that is used in this section.
(2) PASSENGERS WITH A DISABILITY DEFINED.—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. 737. Access and Dignity for All People who Travel.
(a) Short title.—This section may be cited as the “Access and Dignity for All People Who Travel Act of 2023”.
(b) 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.
(c) Seating accommodations for qualified individuals with disabilities.—
(A) ADVANCED NOTICE OF PROPOSED RULEMAKING.—Not later than 180 days after the date of enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.
(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 seating accommodations for any qualified individual with a disability.
(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 regarding seating accommodations for any qualified individual with a disability.
(2) REQUIREMENTS.—In carrying out any rulemaking under paragraph (1), the Secretary shall consider the following:
(A) The scope and anticipated number of qualified individuals with a disability who—
(i) may need to be seated with a companion to receive assistance during a flight; or
(ii) should be afforded bulkhead seats or other seating considerations.
(B) The types of disabilities that may need seating accommodations.
(C) Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, such a seat.
(D) 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.
(E) Any notification given to qualified individuals with a disability regarding available seating accommodations.
(F) Any method that is adequate to identify fraudulent claims for seating accommodations.
(G) Any other information determined appropriate by the Secretary.
(d) Known service animal user travel pilot program.—
(i) IN GENERAL.—The Secretary shall establish a pilot program to allow approved program participants as known service animal users for the purpose 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.
(ii) REQUIREMENTS.—The pilot program established under clause (i) shall—
(II) provide to applicants assistance, including over-the-phone assistance, throughout the application process for the program;
(III) 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; and
(IV) exempt participants of the pilot program from any documentation requirements under part 382 of title 14, Code of Federal Regulations.
(B) CONSULTATION.—In establishing the pilot program under subparagraph (A), the Secretary shall consult with—
(i) disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities are able to live and participate in their communities;
(ii) air carriers and foreign air carriers;
(iii) accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals;
(iv) other relevant departments or agencies of the Federal Government; and
(v) other entities determined to be appropriate by the Secretary.
(C) ELIGIBILITY.—To be eligible to participate in the pilot program under this paragraph, an individual shall—
(i) be a qualified individual with a disability;
(ii) require the use of a service animal because of a disability; and
(iii) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(D) CLARIFICATION.—The Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this paragraph.
(E) NOMINAL FEE.—The Secretary may require an applicant to pay a nominal fee (not to exceed $25) to participate in the pilot program.
(F) REPORTS TO CONGRESS.—
(i) PLANNING REPORT.—Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the implementation plan for the pilot program under this paragraph.
(ii) ANNUAL REPORT.—Not later than 1 year after the establishment of the pilot program under this paragraph, and annually thereafter until the date described in subparagraph (G), the Secretary shall submit to the appropriate committees of Congress a publicly available report on the progress of the pilot program.
(iii) FINAL REPORT.—Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available final report that includes recommendations for the establishment and implementation of a permanent known service animal user travel program for the Federal Government.
(G) SUNSET.—The pilot program shall terminate on the date that is 5 years after the date of enactment of this section.
(2) ACCREDITED SERVICE ANIMAL TRAINING PROGRAMS AND AUTHORIZED REGISTRARS.—Not later than 6 months after the date of enactment of this section, the Secretary shall publish on the website of the Department of Transportation and maintain a list of—
(A) accredited programs that train service animals; and
(B) authorized registrars that evaluate service animals.
(3) REPORT TO CONGRESS ON SERVICE ANIMAL REQUESTS.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including—
(A) during the reporting period, how many requests to board an aircraft with a service animal were made; and
(B) the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as—
(A) 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.
(B) REQUIREMENTS.—The guidance issued under paragraph (1) shall—
(i) take into account respectful engagement with and assistance for individuals with a wide range of visible and non-visible disabilities;
(ii) 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
(iii) outline the rights and responsibilities of the handler of the service animal.
SEC. 738. Equal Accessibility to Passenger Portals.
(a) Applications and information communication technologies.—
(1) RULEMAKING.—Not later than 6 months after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to ensure that customer-focused websites, applications, and information communication technologies (including those used to notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements), passenger safety information, or in-flight services and updates) of an air carrier, foreign air carrier, or airport are accessible.
(2) FINAL RULE.—Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate a final rule for the purposes described in paragraph (1).
(3) CONSIDERATIONS.—In any rulemaking under this subsection, the Secretary—
(i) the standards described in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and
(ii) the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and
(i) additional standards, including those provided in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium (or subsequent versions); and
(ii) the technical capabilities of the information communication technology.
(4) CONSULTATION.—For purposes of this section, the Secretary may consult with the Architectural and Transportation Barriers Compliance Board and any other relevant department or agency to determine appropriate accessibility standards.
(5) REVIEW.—Not later than 5 years after promulgating the final rule under paragraph (2), and every 5 years thereafter, the Secretary shall review the rules issued under this subsection and update such rules as necessary.
(b) Audit.—
(A) REQUIREMENT.—Not later than 1 year after the date on which the Secretary promulgates the final rule under subsection (a)(2), and subsequently thereafter as described in paragraph (3), the Secretary shall commence an audit of each customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport for the purpose of informing improvements that ensure any individual with a disability has equal access to travel, in accordance with such final rule. Such audit shall be limited to a review of the following:
(i) The accessibility of any customer-focused website or application of an air carrier, foreign air carrier, or airport.
(ii) The accessibility of the information communication technology an air carrier, foreign air carrier, or airport uses to—
(I) notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements); or
(II) provide services to such individual, such as checking in, printing a boarding pass, or printing a luggage tag.
(iii) Other relevant information, as determined by the Secretary in consultation with stakeholders from the disability community, air carriers, foreign air carriers, airports, and other relevant stakeholders.
(B) NOTICE.—Not later than 9 months before commencing any audit under subparagraph (A), the Secretary shall notify any entity being audited and publish in a prominent place on the website of the Department of Transportation and in an accessible manner, information regarding such audit, including—
(i) a notice of the audit;
(ii) the standards that the customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport must meet; and
(iii) the potential civil penalties that may be assessed for noncompliance with such standards.
(2) CLARIFICATION.—The Secretary may—
(A) award a grant or enter into a contract or cooperative agreement in order to carry out the audits required under paragraph (1); and
(B) require any air carrier, foreign air carrier, or airport audited under this section to provide to the Secretary such information as the Secretary requires to carry out any such audit.
(A) LARGE AIR CARRIERS, LARGE HUB AIRPORTS, AND MEDIUM HUB AIRPORTS.—For purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 3 years thereafter with respect to large air carriers, large hub airports, and medium hub airports.
(B) SMALL AIR CARRIERS.—For purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 5 years thereafter with respect to small air carriers.
(c) Report.—Not later than 1 year after commencing any audit under subsection (b), the Secretary shall submit to the appropriate committees of Congress a publicly-available report containing the following:
(1) The number of air carriers, foreign air carriers, and airports audited during the reporting period.
(2) The number of violations per type of operator (air carrier, foreign air carrier, and airport) during the reporting period.
(3) An analysis of the number and type of violations (such as lack of captions, audio descriptions, image descriptions), with such types being at the discretion of the Secretary.
(4) Recommendations for such legislation and administrative action as the Secretary determines appropriate.
(d) Penalties.—Upon completing an audit conducted under subsection (b), the Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier, foreign air carrier, or airport that utilizes a customer-focused website, application, or information communication technology that is not accessible, as determined by the Secretary.
(e) 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) AIRPORT.—The term “airport” has the meaning given that term in section 40102 of title 49, United States Code.
(3) APPLICATION.—The term “application” means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer, or another device, including a device developed after the date of enactment of this section, and that is designed to perform, or to help the user perform, a specific task.
(4) FOREIGN AIR CARRIER.—The term “foreign air carrier” has the meaning given that term in section 40102 of title 49, United States Code.
(5) INDIVIDUAL WITH A DISABILITY.—The term “individual with a disability” has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.
(6) INFORMATION COMMUNICATION TECHNOLOGY.—The term “information communication technology”—
(A) means any equipment, system, technology, or process for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of relevant electronic data and information, as well as any associated content; and
(B) includes a computer and peripheral equipment, an information kiosk or transaction machine, telecommunications equipment, customer premises equipment, a multifunction office machine, software, a video, or an electronic document.
(7) LARGE AIR CARRIER.—The term “large air carrier” means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with 125 passenger seats or more.
(8) LARGE HUB AIRPORT.—The term “large hub airport” has the meaning given that term in section 40102 of title 49, United States Code.
(9) MEDIUM HUB AIRPORT.—The term “medium hub airport” has the meaning given that term in section 40102 of title 49, United States Code.
(10) SMALL AIR CARRIER.—The term “small air carrier” means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with less than 125 passenger seats.
SEC. 739. Store On-board Wheelchairs in Cabin.
(a) Requirements.—
(1) IN GENERAL.—In the case of an aircraft that is required to be equipped with an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations, an air carrier and a foreign air carrier shall provide in a prominent place on a publicly available internet website of the carrier, and in any place where a passenger can make a reservation, information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier, including—
(A) that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of such title 14) with an on-board wheelchair unless an exception described in such section 382.65 applies;
(B) that a qualified individual with a disability 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;
(C) 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 such title 14 in order for the individual to be provided with the on-board wheelchair; and
(D) if the air carrier or foreign air carrier requires the advance notice described in subparagraph (C), information on how a qualified individual with a disability can make such a request.
(2) ANNUAL TRAINING.—An air carrier and a foreign air carrier shall require that all personnel who regularly interact with the traveling public, including contractors, complete annual training regarding assisting a qualified individual with a disability, including regarding the availability of accessible lavatories and on-board wheelchairs and such individual's right to request an on-board wheelchair.
(3) PUBLIC AWARENESS CAMPAIGN.—The Secretary shall conduct a public awareness campaign on the rights of qualified individuals with a disability, including with respect to accessible lavatories and such individual's right to request an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations.
(4) QUALIFIED INDIVIDUAL WITH A DISABILITY DEFINED.—In this subsection, the term “qualified individual with a disability” has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations.
(5) 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 that fails to meet the requirements under paragraph (1) or (2).
(b) Increased civil penalties.—
(1) IN GENERAL.—Section 46301(a)(7) of title 49, United States Code, is amended—
(A) in the paragraph heading, by striking “to harm”; and
(i) in the heading, by striking “bodily harm or damage to wheelchair or other mobility aid” and inserting “damage to wheelchair or other mobility aid, bodily harm, or failure to equip aircraft with a wheelchair”; and
(ii) by striking “or injury to a passenger with a disability” and inserting “, injury to a passenger with a disability, or a failure to equip an aircraft with an on-board wheelchair pursuant to section 382.65 of title 14, Code of Federal Regulations (or a successor regulation)”.
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply to flights occurring on or after the effective date of the revision described in subsection (a).
(a) Aircraft access standards.—
(A) ADVANCE NOTICE OF PROPOSED RULEMAKING.—Not later than 1 year after the date of the enactment of this section, 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 and 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 AIRCRAFT, 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 priority cabin stowage for manual assistive devices pursuant to section 382.67 of title 14 of the Code of Federal Regulations; and
(C) improved cargo hold storage to prevent damage to assistive devices.
(3) CONSULTATION.—For purposes of the rulemaking in subsection (a), the Secretary shall consult with the Access Board and any other relevant department or agency to determine appropriate accessibility standards.
(b) In-flight entertainment rulemaking.—Not later than 1 year after the date of the enactment of this section, the Secretary shall issue a notice of proposed rulemaking in accordance with the November 22, 2016 Resolution of the U.S. Department of Transportation ACCESS Committee’s and the consensus recommendation set forth in 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.—
(A) IN GENERAL.—Not later than 1 year after completion of the report required by section 735(d)(3), and if that report finds economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with 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 arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight or an accessible route to a minimum of 2 aircraft passenger seats for passengers to access from their personal assistive devices.
(B) REQUIREMENT.—The negotiated rulemaking shall include participation of representatives of—
(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 by paragraph (1), the Secretary shall issue a notice of proposed rulemaking regarding the standards 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 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) Visual and tactilely accessible announcements.—The Advisory Committee established under section 439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) (as amended by section 731) shall examine technical solutions and the feasibility of visually and tactilely accessible announcements on-board aircraft.
(e) 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 (commonly known as the “Air Carrier Access Act”), 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 that 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 that term in section 382.3 of title 14, Code of Federal Regulations.
(4) FOREIGN AIR CARRIER.—The term “foreign air carrier” has the meaning given that term in section 40102 of title 49, United States Code.
SEC. 741. 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) 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) 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) the facts underlying the complaint; and
“(ii) any action the Secretary is taking in response to the complaint.”.
subtitle C—Air Service Development
SEC. 751. Essential air service.
(a) Definitions.—Section 41731 of title 49, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
“(a) Eligible place defined.—In this subchapter, the term ‘eligible place’ means a place in the United States that—
“(1) is at least 75 miles from the nearest medium or large hub airport, if within the 48 contiguous states, which shall not be waived;
“(2) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year;
“(3) during the most recent fiscal year had an average subsidy per passenger, as determined by the Secretary, of—
“(A) less than $500 for locations that are less than 175 driving miles from the nearest large or medium hub airport; and
“(B) less than $1,000 for all locations, regardless of driving distance to a hub; and
“(4) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive—
“(A) received essential air service for which compensation was provided to an air carrier under this subchapter; or
“(B) received notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community.”;
(2) in subsection (b), by striking “subsection (a)(1) of this section” and inserting “subsection (a)”;
(3) in subsection (c), by striking “Subparagraphs (B), (C), and (D) of subsection (a)(1)” and inserting “Paragraphs (2), (3), and (4) of subsection (a)”;
(4) in subsection (d), by striking “Subsection (a)(1)(B)” and inserting “Subsection (a)(2)”;
(5) by striking subsection (e) and inserting the following:
“(e) Waivers.—The Secretary may waive, on an annual basis, subsection (a)(2) or subsection (a)(3)(A) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day or has a subsidy higher than $500 per passenger is due to a temporary decline in demand; provided, that the Secretary may not provide more than 2 consecutive waivers of subsection (a)(2) or subsection (a)(3)(A) to any location.”; and
(6) in subsection (f), by striking “subsection (a)(1)(B)” and inserting “subsection (a)(2)”.
(b) Improvements to basic essential air service.—
(1) IN GENERAL.—Section 41732 of title 49, United States Code, is amended—
(i) in paragraph (1), by striking “hub airport” and all that follows through “beyond that airport” and inserting “medium or large hub airport”; and
(ii) in paragraph (2), by inserting “medium or large” after “nearest”; and
(i) in paragraph (2), by striking “and at prices” and all that follows through the period; and
(ii) by striking paragraphs (3) through (6).
(c) 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) and redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively;
(C) in subparagraph (D), as so redesignated, by striking “and” after the semicolon;
(D) in subparagraph (E), as so redesignated, by striking the period at the end and inserting “; and”; and
(E) by adding at the end the following:
“(F) service provided in aircraft with at least 2 engines and using 2 pilots.”; 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)(3)”.
(d) Ending, suspending, and reducing basic essential air service.—Section 41734 of title 49, United States Code, is amended—
(A) by striking “An air carrier” and inserting “Subject to subsection (d), an air carrier”; and
(B) by striking “90” and inserting “180”;
(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 of this title for providing basic essential air service to an eligible place is required to continue to provide service to the place under this section after the 180-day notice period under subsection (a) of this section, 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 180-day notice was given under subsection (a) of this section;
“(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) AUTHORITY.—The Secretary may impose contract termination penalties or conditions on compensation 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 180-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 180-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 180-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”.
(e) 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 of such title, are repealed.
(f) Air transportation to noneligible places.—Section 41736 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, are repealed.
(g) 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).
(h) 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, are repealed.
(i) Essential air service authorization.—
(1) IN GENERAL.—Section 41742(a) of title 49, United States Code, is amended—
(A) in paragraph (1), by striking “$50,000,000” and inserting “$154,400,000”;
(B) in paragraph (2), by striking “$155,000,000 for fiscal year 2018,” and all that follows through “March 8, 2024” and inserting “$335,000,000 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”; and
(C) by striking paragraph (3).
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect on October 1, 2023.
(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, are repealed.
(k) Community and regional choice programs.—Section 41745 of title 49, United States Code, is amended—
(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, are repealed.
SEC. 752. Small community air service development grants.
Section 41743 of title 49, United States Code, is amended—
(A) in paragraph (4)(B), by striking “10-year” and inserting “5-year”; and
(B) in paragraph (5)(E), by inserting “or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes)” after “terminated”;
(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”;
(B) in paragraph (2), by striking “and” after the semicolon;
(C) in paragraph (3), by striking the period and inserting “; and”; and
(D) by adding at the end the following:
“(4) to provide assistance to an airport where air service has been terminated or substantially reduced.”;
(A) in paragraph (1), by inserting “or the community's current air service needs” after “the project”;
(B) in paragraph (2), by striking “$10,000,000 for each of fiscal years 2018 through 2023” and all that follows through “March 8, 2024” and inserting “$20,000,000 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. 753. GAO study and report on the alternate Essential Air Service program.
(a) Study.—The Comptroller General shall study the effectiveness of the Alternate Essential Air Service program (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. The study shall include an assessment of potential changes to the Alternate EAS program and the basic Essential Air Service programs under section 41731 of title 49, United States Code, wherein Governors of Essential Air Service eligible States and Puerto Rico are given block grants to distribute Essential Air Service funds to Essential Air Service eligible communities in their States and Puerto Rico.
(b) Briefing.—Not later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
SEC. 754. 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. 755. Essential air service community petition for review.
(a) In general.—Section 41733 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(i) Community petition for review.—
“(1) PETITION.—An appropriate representative of the community in which an eligible place is located 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 the community;
“(B) is experiencing reliability challenges with the potential to adversely affect air service to the community; or
“(C) is no longer able to provide service to the community at the rate of compensation specified by the Secretary.
“(2) 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 the community that submitted the petition and determine whether the 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 the community.
“(3) TERMINATION.—If based on a review under paragraph (2), the Secretary determines noncompliance by an air carrier with an order specifying the terms for basic essential air service to the community, the Secretary may—
“(A) terminate the order issued to that air carrier; and
“(B) issue a notice under subsection (c) that an air carrier may apply to provide basic essential air service to the community for compensation under this section and select an applicant under that 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 community.”.
TITLE VIII—NEW ENTRANTS
subtitle A—Unmanned Aircraft Systems
SEC. 801. Office of Advanced Aviation Technology and Innovation.
Section 106 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(u) Office of the Associate Administrator for Advanced Aviation Technology and Innovation.—
“(1) ESTABLISHMENT.—There is established in the Federal Aviation Administration the Office of Advanced Aviation Technology and Innovation (in this subsection referred to as the ‘Office’).
“(2) ASSOCIATE ADMINISTRATOR.—The Office shall be headed by an Associate Administrator, who shall—
“(A) be appointed by the Administrator; and
“(B) report directly to the Administrator.
“(3) PURPOSES.—The purposes of the Office are to—
“(A) serve as an entry point for stakeholders to share information with the Federal Aviation Administration on advanced aviation technologies;
“(B) examine the potential impact of advanced aviation technologies on the national airspace system, and methods to safely integrate such technologies into the national airspace system;
“(C) work collaboratively with subject matter experts from all lines of business and staff offices to examine advanced aviation technologies and concepts for integration into the national airspace system in an expeditious manner that takes into account acceptable levels of risk;
“(D) lead cross-U.S. Government collaborative efforts to develop integrated approaches for the acceleration and deployment of Advanced Technologies;
“(E) provide leadership with regard to internal collaboration, industry engagement, and collaboration with international partners;
“(F) lead cross-FAA integration, planning, coordination, and collaboration in support of the integration of advanced aviation technologies;
“(G) support the development of safety cases for advanced aviation technologies in coordination with the operational approval office; and
“(H) coordinate and review approval of advanced aviation technologies, including support to and approval of any required rulemakings, exemptions, waivers, or other types of authorizations, as appropriate.
“(4) DUTIES.—The Associate Administrator shall—
“(A) establish, manage, and oversee the Office of Advanced Aviation Technology and Innovation;
“(B) develop and maintain a comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies;
“(C) collaborate with Federal Aviation Administration organizations to identify and develop specific recommendations to address skills gaps in the existing engineer and inspector workforce involved in the certification and operational approval of safety technology;
“(D) coordinate and review, as appropriate, rulemaking activities related to advanced aviation technologies, including by scoping complex regulatory issues, evaluating internal processes, and positioning the Federal Aviation Administration to support aerospace innovation;
“(E) coordinate and review, as appropriate, applications for type, production, or airworthiness certificates, or alternatives to airworthiness certificates, operating and pilot certification, and airspace authorizations, among others, related to advanced aviation technologies;
“(F) coordinate and review, as appropriate, applications for waivers, exemptions and other operational authorizations;
“(G) coordinate and review the implementation of the process required by section 2209 of the FAA Extension, Safety, and Security Act of 2016 (as amended) (49 U.S.C. 40101 note);
“(H) coordinate with the Chief Operating Officer of the Air Traffic Organization and other agency leaders to develop policies to address airspace integration issues at all levels of uncontrolled and controlled airspace;
“(I) implement the BEYOND program and the UAS Test Site Program, among others, and develop other pilot programs in partnership with industry stakeholders and State, local, and Tribal Governments to enable highly automated and autonomous operations of Advanced Technologies unmanned aircraft systems, AAM, and other innovative aviation technologies at scale by providing the data necessary to support rulemakings and other approval processes;
“(J) serve as the designated Federal officer to the Advanced Aviation Technology and Innovation Steering Committee;
“(K) serve as the Federal Aviation Administration lead for the Drone Safety Team; and
“(L) use the Federal Aviation Administration’s clearinghouse website for publicly available data (commonly referred to as ‘Data.FAA.gov’) to ensure the establishment and implementation of a secure, single-sign on for all FAA-related services (including pending certifications, applications, IACRA, CAPS, DroneZone, MedXpress, CARES, and any other service deemed appropriate by the Administrator) with multifactor authentication-protected online capability that allows stakeholders with a new or pending certification or approval application to review the status of such application, receive notice of deadlines and major certification milestones, identify the Administration office that is reviewing such application, and submit inquiries or requests for guidance.
“(5) CONGRESSIONAL BRIEFINGS.—Not later than 60 days after establishing the position in paragraph (1), and on a quarterly basis thereafter, the Administrator shall brief the appropriate committees of Congress on the status of—
“(A) implementing the comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies;
“(B) rulemakings, major guidance documents, and other agency pilot programs or initiatives supporting the comprehensive strategy and action plan;
“(C) implementing recommendations from the Advanced Aviation Technology and Innovation Steering Committee; and
“(D) engagement with international aviation regulators to develop global standards for advanced aviation technologies.
“(6) UAS INTEGRATION OFFICE.—Not later than 90 days after the date of enactment of this subsection, the functions, duties and responsibilities of the UAS Integration Office shall be incorporated into the Office.
“(7) DEFINITIONS.—In this subsection:
“(A) AAM.—The term ‘AAM’ has the meaning given the term ‘advanced air mobility’ in section 2(i)(1) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note).
“(B) ADVANCED AVIATION TECHNOLOGIES.—The term ‘advanced aviation technologies’ means technologies for which introduction has potential safety implications and shall include unmanned aircraft systems, powered-lift aircraft, electric propulsion, and super- and hypersonic aircraft.”.
SEC. 802. Advanced Aviation Technology and Innovation Steering Committee.
(a) Establishment.—Not later than 30 days after the date of enactment of this section, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the “Steering Committee”) to ensure the FAA’s comprehensive strategy and action plan for fully integrating unmanned aircraft systems, AAM, and other innovative aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies as reflects the equities and interests of all stakeholders within the agency.
(b) Chair.—The Associate Administrator for Advanced Aviation Technology and Innovation shall serve as the Chair of the Steering Committee.
(c) Composition.—In addition to the Chair, the Steering Committee shall consist of at least 1 senior leader of each of the following FAA offices:
(1) Aircraft Certification Service.
(2) Flight Standards Service.
(3) Air Traffic Organization.
(4) Office of Accident Investigation and Prevention.
(5) Office of Aerospace Medicine.
(7) Office of Commercial Space.
(8) Office of Finance and Management.
(9) Office of NextGen or any successor office.
(10) Office of the Chief Counsel.
(11) Office of Rulemaking.
(12) Office of Policy, International Affairs, and Environment.
SEC. 803. 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:
Ҥ 44811. Beyond visual line of sight operations for unmanned aircraft systems
“(a) In general.—Not later than 4 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the ‘Administrator’) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as ‘BVLOS’) operations.
“(1) IN GENERAL.—Subject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022.
“(2) EXCEPTION.—If the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination.
“(1) IN GENERAL.—Not later than 16 months after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations.
“(2) REQUIREMENTS.—The final rule described in paragraph (1) shall, at a minimum, do the following:
“(A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability that sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted.
“(B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights.
“(C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate.
“(D) Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which—
“(i) shall not require type or production certification;
“(ii) shall, at least, govern airworthiness of any unmanned aircraft system that—
“(aa) a small unmanned aircraft system; and
“(bb) appropriate for the process described in subparagraph (C), as determined by the Administrator;
“(II) has a maximum gross weight of not more than 1,320 lbs; and
“(III) has a maximum speed of 100 miles per hour; and
“(iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least—
“(I) 400 feet above ground level; or
“(II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit.
“(E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D).
“(F) Establish operating rules for—
“(i) the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and
“(ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1).
“(3) RULE OF CONSTRUCTION.—Nothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44810 the following:
“44811. Beyond visual line of sight operations for unmanned aircraft systems.”.
(c) Additional consideration.—In developing the regulations under section 44811 of title 49, United States Code, as added by subsection (a), the Administrator shall consider any maneuverability or technology limitations of certain aircraft, including hot air balloons.
SEC. 804. Extending special authority for certain unmanned aircraft systems.
(a) Extension.—Section 44807(d) of title 49, United States Code, is amended by striking “March 8, 2024” and inserting “on the date the rules described in section 44811 take effect”.
(b) Clarification.—Section 44807(a) of title 49, United States Code, is amended by inserting “or chapter 447” after “Notwithstanding any other requirement of this chapter”.
(c) Expedited exemptions.—In exercising authority under section 44807 of title 49, United States Code (as amended by subsection (a)), the Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions—
(A) low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or
(B) extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view; or
(2) that are aligned with FAA exemptions that enable beyond visual line of sight operations with the use of acoustics, ground based radar, and other technological solutions.
(d) Clarification of status of previously issued rulemakings and exemptions.—
(1) RULEMAKINGS.—Any rulemaking published prior to the date of enactment of this section under the authority described in 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 September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption.
(3) DELEGATION.—The authority granted to the Secretary in such section 44807 may continue to be delegated to the Administrator in whole or in part.
(4) RULES OF CONSTRUCTION.—Nothing in this section shall be construed to interfere with the Secretary's—
(A) authority to rescind or amend the granting of 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 such section 44807 prior to the date described in subsection (d) of such section.
SEC. 805. Environmental Review and Noise Certification.
(a) National Environmental Policy Act guidance.—Not later than 90 days after the date of enactment of this section, the Administrator shall publish drone-specific environmental review guidance and implementation procedures and thereafter revise such guidance as appropriate to carry out the requirements of this section.
(b) Programmatic level approach to NEPA review.—Not later than 90 days after the date of enactment of this section, 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.) (including regulations promulgated to carry out that Act) for the commercial drone industry to create an efficient process for preparing environmental reviews of reasonably foreseeable drone operations across a geographic region, for an individual operator’s network of drone operations within a defined geographic region, and for operations within and over commercial and industrial sites closed or restricted to the public.
(c) Developing one or more categorical exclusions.—The Administrator shall engage in ongoing consultations with the Council on Environmental Quality to identify actions that are appropriate for a categorical exclusion and shall incorporate such actions in FAA Order 1050.1F, as amended or revised, from time to time, as, and when, deemed appropriate.
(d) Suspension of noise certification requirement pending standards development.—
(1) IN GENERAL.—Upon the date of enactment of this section, and notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for drone models seeking type and airworthiness certification, and shall not deny, withhold, or delay such certification due to the absence of a noise certification basis under such part, provided the FAA has developed appropriate noise measurement procedures for such drone models and the FAA has received the noise measurement results based on those procedures from the applicant.
(2) DURATION.—The suspension provided in this subsection shall continue until such time as the Administrator publishes final noise certification standards for drones as amendments to part 36 of title 14, Code of Federal Regulations, or to another part of title 14 of such Code.
(3) DEADLINE FOR NOISE CERTIFICATION STANDARDS.—Based on drone noise data the Administrator has received in the process of reviewing applications for type and airworthiness certification, in conducting environmental assessments of proposed drone operations under section 44807 of title 49, United States Code, and part 135 of title 14, Code of Federal Regulations, and from other sources, including standards organizations, the Administrator shall propose generally applicable drone noise certification standards, not later than the date that is 36 months after the date of enactment of this section, and following notice and comment rulemaking procedures, and shall publish final noise certification standards not later than 24 months after the date on which the period for public comment on such proposed generally applicable noise certification standards ends.
(e) Drone defined.— In this section, the term “drone” has the meaning given the term “unmanned aircraft” in section 44801 of title 49, United States Code.
SEC. 806. Third party service approvals.
(a) Approval process.—Not later than 270 days after the date of enactment of this section, the Administrator shall establish procedures, which may include a rulemaking, to establish a standard approval process for third party service suppliers, including third party service suppliers of UTM, in order to fulfill safety functions for Beyond Visual Line of Sight.
(b) Acceptance of standards.—In establishing the standard approval process required by subsection (a), the Administrator shall ensure that, to the maximum extent practicable, industry consensus standards, such as ASTM International Standard F3548–21, entitled “UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability”, are included as an acceptable means of compliance for third party services.
(c) UTM approval.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator shall initiate a process, which may include a rulemaking, to define and implement criteria and conditions for the approval and oversight of third party service suppliers of UTM that could have a direct or indirect impact on air traffic services in the national airspace system and require FAA oversight.
(2) CONSIDERATIONS.—In carrying out the approval process described in paragraph (1) the Administrator shall consider the facilitation and streamlining of processes for global recognition and applicability, including through bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements.
(d) Definitions.—In this section:
(1) THIRD PARTY SERVICE SUPPLIER.—The term “third party service supplier” means an entity other than the UAS operator or the FAA that provides a distributed service that affects the safety or efficiency of the national airspace system, including UAS Service Suppliers (USS), Supplemental Data Service Providers (SDSPs), and infrastructure providers such as ground-based surveillance, command-and-control, and information exchange to another party.
(2) UTM.—The term “UTM” has the meaning given that term in section 44801 of title 49, United States Code.
(3) UAS.—The term “UAS” has the meaning given the term “unmanned aircraft system” in section 44801 of title 49, United States Code.
SEC. 807. Operations over the high seas.
(a) In general.—Not later than 180 days after the date of enactment of this section, and to the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation, the Administrator shall establish and implement an operational approval process to permit small unmanned aircraft systems (as defined in section 44801 of title 49, United States Code), and unmanned aircraft systems (as so defined) with a special airworthiness certificate, 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 approval process under subsection (a), the Administrator shall consult with appropriate stakeholders outside of the FAA, including industry stakeholders.
SEC. 808. Extension of the BEYOND program.
(a) In general.—Chapter 448 of title 49, United States Code, as amended by section 803(a), is amended by adding at the end the following new section:
“During the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, as amended by section 803(b), is amended by inserting after the item relating to section 44811 the following:
“44812. BEYOND program.”.
SEC. 809. Extension of the Know Before You Fly campaign.
Section 356 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3305) is amended by striking “2019 through 2023” and inserting “2024 through 2028”.
SEC. 810. Unmanned aircraft system data exchange.
(a) Data exchange plan.—Not later than 180 days after the date of enactment of this section, the Administrator shall develop and submit to the appropriate committees of Congress a plan to make available data that is prudent to ensure the safe integration of unmanned aircraft systems into the national airspace system. Such plan shall include the following:
(1) A description of technical efforts to digitize and automate aeronautical information (including through the development and use of an unmanned aircraft systems geospatial information management system) to provide an authoritative source of geospatial information to support the operation of unmanned aircraft systems in the national airspace system.
(2) Suggested refinements to standard sets of aeronautical information for current and upcoming unmanned aircraft systems integration efforts to facilitate the exchange of unmanned aircraft systems data that is relevant to the unmanned aircraft systems community.
(3) An identification of sensitive flight data that may require information security controls or protection to safeguard the operational security of such flight activity with respect to air navigation services that contain information about sensitive national security or law enforcement flights.
(4) Means and service fees for the data to be shared consistent with industry standard geospatial formats.
(b) Coordination.—In developing the plan under subsection (a), the Administrator shall—
(1) solicit from the Secretary of the Interior and other departments or agencies, as deemed necessary by the Administrator, information relevant to the safe operation of unmanned aircraft systems in the national airspace system; and
(2) coordinate with unmanned aircraft systems industry and technical groups to identify an efficient and effective format, method, and cadence for providing the required data.
SEC. 811. Unmanned aircraft system detection and mitigation enforcement authority.
(a) In general.—Chapter 448 of title 49, United States Code, as amended by sections 803(a) and 808(a), is amended by adding at the end the following:
Ҥ 44813. Unmanned aircraft system detection and mitigation enforcement
“(1) IN GENERAL.—No person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system.
“(2) ACTIONS BY THE ADMINISTRATOR.—The Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1).
“(3) TERMINATION.—The prohibition under paragraph (1) shall not apply on or after September 30, 2028.
“(b) Penalties.—A person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation.
“(c) Rule of construction.—The term ‘person’ as used in this section does not include—
“(1) the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or
“(2) an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1).
“(d) Briefing to Congress.—Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, as amended by sections 803(b) and 808(b), is amended by inserting after the item relating to section 44812 the following:
“44813. Unmanned aircraft system detection and mitigation enforcement.”.
SEC. 812. Recreational operations of drone systems.
(a) In general.—Section 44809 of title 49, United States Code, is amended—
(1) in subsection (a) by striking paragraph (6) and inserting the following:
“(6) In Class G airspace, aircraft flying within the safety programming of a recognized community-based organization can fly from the surface up to controlled airspace. Operators shall maintain visual line of sight of the aircraft and comply with all airspace restrictions and prohibitions. Flights into controlled airspace require specific authorization from the Administrator.”;
(i) by striking “organization conducting a sanctioned event” and inserting “organization sponsoring operations”; and
(ii) by inserting “The Administrator shall designate recognized community-based organizations to self-declare FAA-recognized identification areas to sponsored sites that meet criteria developed by the Administrator in coordination with the community-based organization.” after “facility.”;
(B) by redesignating paragraph (2) as paragraph (3);
(C) in paragraph (3) (as so redesignated)—
(i) in the paragraph heading by striking “weighing more than 55 pounds” and inserting “weighing 55 pounds or greater”;
(ii) in the matter preceding subparagraph (A), by striking “weighing more than 55 pounds” and inserting “weighing 55 pounds or greater”; and
(iii) in subparagraph (B), by inserting “or (2)” after “paragraph (1)”; and
(D) by inserting after paragraph (1) the following:
“(2) OPERATIONS IN CLASS G AIRSPACE.—Subject to compliance with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions—
“(A) persons operating drones under subsection (a) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace—
“(i) from the surface up to controlled airspace without prior authorization from the Administrator; and
“(ii) into controlled airspace with prior authorization from the Administrator.
“(B) persons operating drones under paragraph (3) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace with prior authorization from the Administrator.”;
(3) in subsection (d) by striking the subsection heading and all that follows through “Nothing in this subsection” and inserting the following:
“(d) Savings clause.—Nothing in this subsection”;
(4) in subsection (f)(1) by striking “updates to the operational parameters” and inserting “the operational limitations”; and
(A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively;
(B) by inserting before paragraph (2) (as so redesignated) the following:
“(1) is recognized by the Administrator of the Federal Aviation Administration;”;
(C) in paragraph (6), as redesignated by subparagraph (A), by striking “and” after the semicolon;
(D) in paragraph (7), as so redesignated, by striking the period and inserting “; and”; and
(E) by adding at the end the following:
“(8) is a designated Federal Aviation Administration Trust Administrator.”.
(b) Use of UAS at institutions of higher education.—Section 350 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44809 note) is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
“(2) operated by an elementary school or secondary school for educational or research purposes;”; and
(A) in paragraph (2), in the matter preceding subparagraph (A), by inserting “an elementary school, or a secondary school,” after “institution of higher education,”; and
(B) by adding at the end the following:
“(3) ELEMENTARY SCHOOL.—The term ‘elementary school’ has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(4) SECONDARY SCHOOL.—The term ‘secondary school’ has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”.
(a) In general.—Chapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following:
Ҥ 44803. Unmanned aircraft test ranges
“(1) 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 test ranges to—
“(A) enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and
“(B) not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2024, expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system.
“(A) IN GENERAL.—Subject to subparagraph (B), the designations of test ranges under this section may include the following:
“(i) The 7 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 pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section.
“(ii) Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2024 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process.
“(B) LIMITATION.—Not more than 9 test ranges shall be designated under this section at any given time.
“(3) ELIGIBILITY.—An applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria:
“(A) The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity.
“(B) The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator.
“(C) The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section.
“(D) The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States.
“(E) The applicant shall meet any other requirements established by the Administrator in a competitive selection process.
“(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, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of—
“(A) accommodating hazardous research, 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) 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 Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection.
“(3) INACTIVE RESTRICTED AREA.—
“(A) IN GENERAL.—In the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency.
“(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 established by the Administrator under this subsection.
“(c) Program requirements.—In carrying out the program under subsection (a), the Administrator—
“(1) may develop operational standards and air traffic requirements for flight operations at test ranges;
“(2) shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate;
“(3) shall address both civil and public aircraft operations;
“(4) shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system;
“(5) shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for—
“(A) developing and enforcing geographic and altitude limitations;
“(B) providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary;
“(C) developing sense and avoid capabilities;
“(D) developing technology to support communications, navigation, and surveillance;
“(E) beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities;
“(F) improving privacy protections through the use of advances in unmanned aircraft systems; and
“(G) conducting counter-UAS testing;
“(6) shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and
“(7) shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives.
“(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 do the following:
“(1) Provide access to all interested private and public entities seeking to carry out research at the test range, 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 defined in section 3 of the Small Business Act (15 U.S.C. 632)).
“(2) Maintain operational control for all testing activities conducted at its respective test range.
“(3) Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range.
“(4) Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner.
“(5) Establish safe operating procedures for all operators approved for testing 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.
“(6) Exercise direct oversight of all operations conducted at the test range.
“(7) Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety.
“(8) Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range.
“(9) Maintain detailed records of all ongoing and completed research 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.
“(10) Make all original records available for inspection upon request by the Administrator.
“(11) Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system.
“(f) Testing.—The Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that—
“(1) the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and
“(2) the Administrator waives 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), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a).
“(h) Use of Center of Excellence for Unmanned Aircraft Systems.—The Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a).
“(i) Clarification.—Nothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as ‘counter-UAS’) at any test range designated under subsection (a).
“(j) Authorization of appropriations.—There is authorized to be appropriated to carry out this section, $14,000,000 for each of fiscal years 2024 through 2028.
“(k) Termination.—The program under this section shall terminate on September 30, 2028.”.
(b) 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”.
SEC. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft.
Section 547 of title V of division F of the Consolidated Appropriations Act, 2023 (Public Law 117–328) is amended by striking “March 8, 2024” and inserting “September 30, 2026”.
SEC. 815. Airport safety and airspace hazard mitigation and enforcement.
Section 44810(h) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “September 30, 2028”.
SEC. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems.
(a) 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 other authorities, as applicable.
(b) Requirement.—In implementing the authority in 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 that the carriage of hazardous materials complies with Hazardous Materials Regulations, including any changes to the Hazardous Materials Regulations adopted 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; and
(4) mitigations to the risk of the hazardous materials transported, including operational mitigations and aircraft-based mitigations.
(c) Safety risk assessments.—The Secretary shall require unmanned aircraft operators to submit a safety risk assessment (SRA) acceptable by the Administrator.
(d) Conformity of hazardous materials regulations.—The Secretary shall make such changes as 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 authority in subsection (a).
(e) Stakeholder input on changes to the hazardous materials regulations.—Within 180 days of the date of enactment of this section, the Secretary shall hold a public meeting to obtain input on changes necessary to implement this section within the Hazardous Materials Regulations and to address any identified changes in risk.
(f) Definitions.—In this section:
(1) HAZARDOUS MATERIALS.—The term “hazardous materials” has the meaning given that term in section 5102 of title 49, United States Code.
(2) UNMANNED AIRCRAFT SYSTEM.—The term “unmanned aircraft system” has the meaning given such term in section 44801 of title 49, United States Code.
SEC. 817. Stop Illicit Drones.
(a) 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 Administrator deems necessary.
(2) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means an entity that is—
(A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade;
(B) domiciled in a covered foreign country;
(C) subject to influence or control by the government of a covered foreign country; or
(D) owned by an entity that is described in subparagraph (A), (B), or (C).
(3) UNMANNED AIRCRAFT SYSTEM; UAS.—The terms “unmanned aircraft system” and “UAS” have the meaning given the term “unmanned aircraft system” in section 44801 of title 49, United States Code.
(b) Prohibition on funding for entities from covered foreign countries for projects related to unmanned aircraft systems.—
(1) AVIATION RESEARCH GRANTS PROGRAM.—Not later than 180 days after the date of enactment of this section, the Administrator shall amend FAA Order 9550.7B, Aviation Research Grants Program (dated November 25, 2014), as well as any corresponding policy or guidance material, to prohibit—
(A) any covered foreign entity from receiving aviation research and development grants for any project related to unmanned aircraft systems; and
(B) any entity from using such grants to partner with or otherwise transact business relating to covered unmanned aircraft systems with covered foreign entities.
(2) AVIATION WORKFORCE DEVELOPMENT PROGRAMS.—Section 625(c) of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note), as amended by section 501 of this Act, is amended—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking “An application for a grant” and inserting “Subject to paragraph (4), an application for a grant”;
(B) in paragraph (2), in the matter preceding subparagraph (A), by striking “An application for a grant” and inserting “Subject to paragraph (4), an application for a grant”; and
(C) by adding at the end the following new paragraph:
“(4) APPLICATIONS FROM COVERED FOREIGN ENTITIES.—
“(A) PROHIBITION.—Beginning on the date of enactment of this paragraph, an application for a grant under the program established under subsection (a)(1) or (a)(2) may not be submitted for an eligible project related to unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) by—
“(i) a covered foreign entity; or
“(ii) an entity that uses or intends to use such grant to benefit a covered foreign entity.
“(B) DEFINITIONS.—For purposes of this paragraph:
“(i) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following:
“(I) The People's Republic of China.
“(II) The Russian Federation.
“(III) The Islamic Republic of Iran.
“(IV) The Democratic People's Republic of Korea.
“(V) The Bolivarian Republic of Venezuela.
“(VI) The Republic of Cuba.
“(VII) Any other country the Administrator of the Federal Aviation Administration deems necessary.
“(ii) COVERED FOREIGN ENTITY.—The term ‘covered foreign entity’ means an entity that is—
“(I) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade;
“(II) domiciled in a covered foreign country;
“(III) subject to influence or control by the government of a covered foreign country; or
“(IV) owned by an entity that is described in subclause (I), (II), or (III).”.
(3) CENTERS OF EXCELLENCE.—
(A) COMMUNITY AND TECHNICAL COLLEGE CENTERS OF EXCELLENCE IN SMALL UNMANNED AIRCRAFT SYSTEM TECHNOLOGY TRAINING.—Section 631 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended—
(i) in subsection (a), by striking “Not later than 180 days” and inserting “Subject to subsection (f), not later than 180 days”; and
(ii) by adding at the end the following new subsection:
“(1) IN GENERAL.—Beginning on the date of enactment of this subsection, the Secretary of Transportation may not designate any covered foreign entity as a Center of Excellence under subsection (a).
“(2) DEFINITIONS.—For purposes of this subsection:
“(A) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following:
“(i) The People's Republic of China.
“(ii) The Russian Federation.
“(iii) The Islamic Republic of Iran.
“(iv) The Democratic People's Republic of Korea.
“(v) The Bolivarian Republic of Venezuela.
“(vi) The Republic of Cuba.
“(vii) Any other country the Administrator of the Federal Aviation Administration deems necessary.
“(B) COVERED FOREIGN ENTITY.—The term ‘covered foreign entity’ means an entity that is—
“(i) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade;
“(ii) domiciled in a covered foreign country;
“(iii) subject to influence or control by the government of a covered foreign country; or
“(iv) owned by an entity that is described in clause (i), (ii), or (iii).”.
(B) REGIONAL CENTERS OF AIR TRANSPORTATION EXCELLENCE.—Section 44513 of title 49, United States Code, is amended—
(i) in subsection (a), by striking “The Administrator” and inserting “Subject to subsection (i), the Administrator”; and
(ii) by adding at the end the following new subsection:
“(1) IN GENERAL.—Beginning on the date of enactment of this subsection, the Administrator may not issue a grant under subsection (a) to a covered foreign entity to establish or operate a regional center of air transportation excellence related to unmanned aircraft systems (as defined in section 44801).
“(2) DEFINITIONS.—For purposes of this subsection:
“(A) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following:
“(i) The People's Republic of China.
“(ii) The Russian Federation.
“(iii) The Islamic Republic of Iran.
“(iv) The Democratic People's Republic of Korea.
“(v) The Bolivarian Republic of Venezuela.
“(vi) The Republic of Cuba.
“(vii) Any other country the Administrator deems necessary.
“(B) COVERED FOREIGN ENTITY.—The term ‘covered foreign entity’ means an entity that is—
“(i) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade;
“(ii) domiciled in a covered foreign country;
“(iii) subject to influence or control by the government of a covered foreign country; or
“(iv) owned by an entity that is described in clause (i), (ii), or (iii).”.
(A) FACILITIES, PERSONNEL, AND RESEARCH.—
(i) IN GENERAL.—Chapter 445 of title 49, United States Code, is amended by adding at the end the following new section:
Ҥ 44520. Prohibition on drone-related funding to covered foreign entities
“(a) In general.—The Administrator of the Federal Aviation Administration may not issue a grant under this chapter to a covered foreign entity for any project related to unmanned aircraft systems.
“(b) Definitions.—For purposes of 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 Administrator of the Federal Aviation Administration deems necessary.
“(2) COVERED FOREIGN ENTITY.—The term ‘covered foreign entity’ means an entity that is—
“(A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade;
“(B) domiciled in a covered foreign country;
“(C) subject to influence or control by the government of a covered foreign country; or
“(D) owned by an entity that is described in subparagraph (A), (B), or (C).
“(3) UNMANNED AIRCRAFT SYSTEM.—The term ‘unmanned aircraft system’ has the meaning given that term in section 44801.
“(c) Effective date.—The prohibition under subsection (a) shall apply to any grant awarded by the Administrator on or after the date of enactment of this section.”.
(ii) CLERICAL AMENDMENT.—The analysis for chapter 445 of such title 49, is amended by inserting after the item relating to section 44519 the following:
“44520. Prohibition on drone-related funding to covered foreign entities.”.
(B) AIRPORT IMPROVEMENT PROJECT GRANT APPLICATIONS.—Section 47105(a) of title 49, United States Code, is amended by adding at the end the following new paragraph:
“(A) IN GENERAL.—The Secretary of Transportation may not award a grant under this subchapter to a covered foreign entity for any project related to unmanned aircraft systems (as defined in section 44801).
“(B) EFFECTIVE DATE.—The prohibition under subparagraph (A) shall apply to any grant awarded by the Secretary on or after the date of enactment of this paragraph.
“(C) DEFINITIONS.—For purposes of this paragraph:
“(i) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following:
“(I) The People's Republic of China.
“(II) The Russian Federation.
“(III) The Islamic Republic of Iran.
“(IV) The Democratic People's Republic of Korea.
“(V) The Bolivarian Republic of Venezuela.
“(VI) The Republic of Cuba.
“(VII) Any other country the Administrator of the Federal Aviation Administration deems necessary.
“(ii) COVERED FOREIGN ENTITY.—The term ‘covered foreign entity’ means an entity that is—
“(I) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade;
“(II) domiciled in a covered foreign country;
“(III) subject to influence or control by the government of a covered foreign country; or
“(IV) owned by an entity that is described in subclause (I), (II), or (III).”.
(C) AIP FUNDING ELIGIBILITY.—Section 44810(e) of title 49, United States Code, is amended—
(i) by striking “eligibility.—Upon the certification” and inserting “eligibility.—
“(1) IN GENERAL.—Subject to paragraph (2), upon the certification”; and
(ii) by adding at the end the following new paragraph:
“(A) IN GENERAL.—The Administrator may not award a grant under paragraph (1) to a covered foreign entity for any project related to unmanned aircraft systems.
“(B) EFFECTIVE DATE.—The prohibition under subparagraph (A) shall apply to any grant awarded under paragraph (1) on or after the date of enactment of the Stemming The Operation of Pernicious and Illicit Drones Act.
“(C) DEFINITIONS.—For purposes of this subsection:
“(i) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following:
“(I) The People's Republic of China.
“(II) The Russian Federation.
“(III) The Islamic Republic of Iran.
“(IV) The Democratic People's Republic of Korea.
“(V) The Bolivarian Republic of Venezuela.
“(VI) The Republic of Cuba.
“(VII) Any other country the Administrator deems necessary.
“(ii) COVERED FOREIGN ENTITY.—The term ‘covered foreign entity’ means an entity that is—
“(I) included on the Consolidated Screening List or Entity List maintained by the Under Secretary of Commerce for International Trade;
“(II) domiciled in a covered foreign country;
“(III) subject to influence or control by the government of a covered foreign country; or
“(IV) owned by an entity that is described in subclause (I), (II), or (III).”.
(c) Prohibition on FAA operation, procurement, or contracting action with respect to covered unmanned aircraft systems.—
(1) IN GENERAL.—Chapter 448 of title 49, United States Code, as amended by this Act, is amended by adding at the end the following new section:
Ҥ 44816. Prohibition on operation, procurement, or contracting action with respect to covered unmanned aircraft systems
“(a) In general.—Subject to subsection (b), the Administrator shall not—
“(1) operate a covered unmanned aircraft system; or
“(2) enter into, extend, or renew a contract—
“(A) for the procurement of a covered unmanned aircraft system; or
“(B) with an entity that operates (as determined by the Administrator) a covered unmanned aircraft system in the performance of any Federal Aviation Administration contract.
“(b) Exemption.—The restrictions under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purpose of—
“(1) detection or counter-UAS system surrogate testing and training (including at Federal Aviation Administration-approved testing sites);
“(2) intelligence, electronic warfare, and information warfare operations, testing (including at Federal Aviation Administration-approved testing sites), analysis, and training; or
“(3) research to inform unmanned aircraft system data-driven policy decisions, safety assessments, procedures, rulemaking, and standards to safely integrate emerging entrants into the national airspace system (including at Federal Aviation Administration-approved testing sites).
“(c) Waiver.—The Administrator may waive the restrictions under subsection (a) on a case by case basis by certifying, in writing, to the Secretary of Homeland Security and the appropriate committees of Congress that the operation, procurement, or contracting action is required in the public interest.
“(d) Replacement of covered unmanned aircraft systems.—Not later than 1 year after the date of enactment of this section, the Administrator shall replace any covered unmanned aircraft system that is owned or operated by the Federal Aviation Administration as of the date of enactment of this section with an unmanned aircraft system manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code).
“(e) Report to Congress.—Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes—
“(1) a description of the changes the Federal Aviation Administration has made to its operation, procurement, and contracting processes to ensure that the Administration does not acquire any covered unmanned aircraft system;
“(2) the number of covered unmanned aircraft systems that needed to be replaced in accordance with subsection (d), including—
“(A) an explanation of the purposes for which such covered unmanned aircraft systems were used;
“(B) a description of the unmanned aircraft systems that the Administrator will purchase to replace such covered unmanned aircraft systems; and
“(C) the cost to replace the identified unmanned aircraft systems; and
“(3) any other information determined appropriate by the Administrator.
“(f) Definitions.—In this section:
“(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.
“(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘appropriate committees of Congress’ means—
“(A) the Committee on Commerce, Science, and Transportation of the Senate;
“(B) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate;
“(C) the Committee on Transportation and Infrastructure of the House of Representatives; and
“(D) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives.
“(3) 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 Administrator deems necessary.
“(4) COVERED UNMANNED AIRCRAFT SYSTEM.—The term ‘covered unmanned aircraft system’ means an unmanned aircraft system that is—
“(A) included on the Consolidated Screening List maintained by the Under Secretary of Commerce for International Trade;
“(B) produced by an entity domiciled in a covered foreign country; or
“(C) produced by an entity subject to influence or control by the government of a covered foreign country.”.
(2) CLERICAL AMENDMENT.—The analysis for chapter 448 of such title is amended by inserting after the item relating to section 44815 the following:
“44816. Prohibition on operation, procurement, or contracting action with respect to covered unmanned aircraft systems.”.
SEC. 818. Drone infrastructure inspection grants.
(a) Drone infrastructure inspection grant program.—
(1) AUTHORITY.—The Secretary shall establish a drone infrastructure inspection grant program to make grants to governmental entities to facilitate the use of eligible small unmanned aircraft systems to increase efficiency, reduce costs, improve worker and community safety, reduce carbon emissions, or meet other priorities (as determined by the Secretary) related to critical infrastructure projects.
(2) USE OF GRANT AMOUNTS.—A governmental entity may use a grant provided under this subsection to—
(A) purchase or lease eligible small unmanned aircraft systems;
(B) support operational capabilities of eligible small unmanned aircraft systems by the governmental entity;
(C) contract for services performed with an eligible 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 paragraph (1); and
(D) support the program management capability of the governmental entity to use an eligible small unmanned aircraft system.
(3) ELIGIBILITY.—To be eligible to receive a grant under this subsection, a governmental entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require, including an assurance that the governmental entity or its contractor will comply with relevant Federal regulations.
(4) SELECTION OF APPLICANTS.—In selecting an applicant for a grant under this subsection, the Secretary shall prioritize projects that propose to—
(A) carry out a critical infrastructure project in a historically disadvantaged community; or
(B) address a safety risk in the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure.
(5) LIMITATION.—Nothing in this subsection shall be construed to interfere with an agreement between a governmental entity and a labor union.
(6) REPORT TO CONGRESS.—Not later than 1 year after the first grant is provided under this subsection, the Secretary shall submit to the appropriate committees of Congress a report that evaluates the program carried out under this subsection, including—
(A) a description of the number of grants awarded;
(B) the amount of each grant;
(C) the activities funded under this section; and
(D) the effectiveness of such funded activities in meeting the objectives described in paragraph (1).
(A) FEDERAL SHARE.—The Federal share of the cost of a project carried out using a grant under this subsection shall not be less than 80 percent of the total project cost.
(B) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subsection—
(i) $2,000,000 for fiscal year 2024; and
(ii) $12,000,000 for each of fiscal years 2025 through 2028.
(b) Definitions.—In this section:
(1) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means an entity—
(A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;
(B) domiciled in the People’s Republic of China or the Russian Federation;
(C) subject to influence or control by the government of the People’s Republic of China or by the Russian Federation; or
(D) is a subsidiary or affiliate of an entity described in subparagraphs (A) through (C).
(2) CRITICAL INFRASTRUCTURE.—The term “critical infrastructure” has the meaning given such term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)).
(3) CRITICAL INFRASTRUCTURE PROJECT.—The term “critical infrastructure project” means a project for the inspection, operation, maintenance, repair, modernization, or construction of an element of critical infrastructure, including mitigating environmental hazards to such infrastructure.
(4) EDUCATIONAL INSTITUTION.—The term “educational institution” means an institution of higher education (as 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).
(5) 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 defined by the Secretary.
(6) ELIGIBLE SMALL UNMANNED AIRCRAFT SYSTEM.—The term “eligible small unmanned aircraft system” means a small unmanned aircraft system manufactured or assembled by a company that is domiciled in the United States and is not a covered foreign entity.
(7) 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;
(D) a metropolitan planning organization; or
(E) a combination of the entities described in subparagraphs (A) through (D).
(8) SMALL UNMANNED AIRCRAFT; UNMANNED AIRCRAFT; UNMANNED AIRCRAFT SYSTEM.—The terms “small unmanned aircraft”, “unmanned aircraft”, and “unmanned aircraft system” have the meanings given such terms in section 44801 of title 49, United States Code.
SEC. 819. 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 amended by striking the item relating to section 44804 and inserting the following:
“44804. Unmanned aircraft in the Arctic.”.
SEC. 820. Remote identification alternative means of compliance.
(a) Study.—The Administrator shall review and evaluate the final rule titled “Remote Identification of Unmanned Aircraft”, issued on January 15, 2021, to determine the feasibility and advisability of 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.
(b) Report.—Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study under subsection (a).
SEC. 821. Prohibition on operation, procurement, or contracting action of foreign-made unmanned aircraft systems.
(a) In general.—Subject to subsections (b) and (c), the Secretary is prohibited from entering into a contract or awarding a grant for the operation, procurement, or contracting action with respect to any small unmanned aircraft system that is manufactured or assembled by a covered foreign entity.
(b) Exemption.—The restrictions under subsection (a) shall not apply if the operation, procurement, or contracting action is for the purpose of—
(1) counter-UAS testing, analysis, or training; or
(2) aviation safety testing.
(c) Waiver.—The Secretary (or the Secretary's designee) may waive any restrictions under subsection (a) on a case by case basis by certifying, in writing, not later than 15 days after exercising such waiver, to the appropriate committees of Congress that the operation, procurement, or contracting action is required in the national interest of the United States.
(d) Replacement of certain unmanned aircraft systems.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Secretary shall replace any unmanned aircraft system that was manufactured or assembled by a covered foreign entity and that is owned or operated by the Department of Transportation as of the date of enactment of this section with an unmanned aircraft system manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code).
(2) FUNDING.—There is authorized to be appropriated to the Secretary $5,000,000 to carry out this subsection.
(e) Definitions.—In this Section:
(1) COVERED FOREIGN ENTITY.—The term “covered foreign entity” means an entity that is—
(A) included on the Consolidated Screening List or Entity List as designated by the Secretary of Commerce;
(B) doing business as Da Jiang Innovations (also known as “DJI”) or any successor company;
(C) domiciled in the People’s Republic of China or the Russian Federation;
(D) subject to influence or control by the government of the People’s Republic of China or the Russian Federation; or
(E) is a subsidiary or affiliate of an entity described in any of subparagraphs (A) through (D).
(2) SMALL UNMANNED AIRCRAFT; UNMANNED AIRCRAFT SYSTEM.—The terms “small unmanned aircraft” and “unmanned aircraft system” have the meaning given such terms in section 44801 of title 49, United States Code.
SEC. 822. FAA comprehensive plan on UAS automation.
(a) Comprehensive plan.—The Administrator shall establish a comprehensive plan for unmanned aircraft systems automation.
(b) Comprehensive plan contents.—The comprehensive plan established under subsection (a) shall—
(1) identify such FAA processes and regulations that must change to accommodate the increasingly automated role of the remote pilot of unmanned aircraft systems; and
(2) include a plan for how the FAA intends to authorize low risk automated operations, such as low altitude operations of small unmanned aircraft systems in close proximity to the ground or structures, to increasingly complex automated operations.
(c) 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 at the discretion of the Administrator that have studied automation in aviation, the human-computer interface, and safety mitigations.
(d) Report.—Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the Committee on Commerce, Science, and Transportation and the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives a report on the plan established under subsection (a).
(e) Small unmanned aircraft; unmanned aircraft; unmanned aircraft system.—In this section, the terms “small unmanned aircraft”, “unmanned aircraft”, and “unmanned aircraft system” have the meanings given such terms in section 44801 of title 49, United States Code.
It is the sense of Congress that it is important that the United States maintain global leadership in advanced aviation to maintain and improve national security, safety, sustainability, and economic strength domestically and globally.
SEC. 824. Comprehensive unmanned aircraft system integration strategy.
(a) In general.—Not later than 270 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on its national airspace system (NAS) integration strategy for unmanned aircraft systems (as defined in section 44801 of title 49, United States Code), including civil unmanned aircraft systems operating in controlled airspace, that includes the following:
(1) The status of the following:
(A) Implementation of statutory provisions related to unmanned aircraft system integration in subtitle B of title III of division B of the FAA Reauthorization Act of 2018 (Public Law 115–254).
(B) Implementation of statutory provisions related to unmanned aircraft system integration in subtitle A of title VIII of this Act.
(C) Actions taken by the FAA to implement recommendations related to NAS integration of unmanned aircraft systems, including civil unmanned aircraft systems operating in controlled airspace, included in aviation rulemaking committee reports published since the enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254).
(D) Any other objectives determined appropriate by the Administrator as part of a NAS integration strategy.
(2) A description of steps to achieve the strategy as outlined in subsection (a), including milestones and performance metrics to gauge results.
(3) The costs of executing the strategy, any resources or investments required to execute the strategy, and any regulatory or policy changes required to execute the strategy.
(4) The process for ensuring coordination within the FAA and with relevant interagency stakeholders, as well as for receiving input from private and public sector unmanned aircraft systems stakeholders in the execution of the strategy.
(5) A description of steps to achieve strategy objectives, including milestones and performance metrics to gauge results.
(b) Congressional briefings.—Beginning 6 months after the date of enactment of this section, and not less than every 12 months thereafter, the Administrator shall provide a briefing for the appropriate Committees of Congress on—
(1) the status of implementation of each element specified in subsection (a); and
(2) any additional actions taken by the Administrator to integrate unmanned aircraft systems into the NAS.
(c) Sunset.—Subsection (b) shall not apply after September 30, 2028.
SEC. 825. Establishment of Associate Administrator of UAS Integration.
Section 106 of title 49, United States Code, as amended by section 801, is amended by adding at the end the following new subsection:
“(v) Office of the Associate Administrator of UAS Integration.—
“(1) ESTABLISHMENT.—There is established in the Federal Aviation Administration the Office of Associate Administrator of UAS Integration (in this subsection referred to as the ‘Office’).
“(2) ASSOCIATE ADMINISTRATOR.—The Office shall be headed by an Associate Administrator, who shall—
“(A) be appointed by the Administrator, in consultation with the Secretary of Transportation; and
“(B) report directly to the Administrator.
“(3) PURPOSES.—The purposes of the Office are to—
“(A) ensure and oversee the safe integration of UASs into the national airspace system;
“(B) encourage and facilitate a commercially viable UAS industry and the leadership of the United States in UAS;
“(C) increase overall safety of the transportation system on a mode-neutral basis;
“(D) promote the global leadership of the United States in advanced aviation;
“(E) manage the UAS Integration Office; and
“(F) ensure the safe coexistence of UASs with manned aircraft operating in the national airspace system.
“(4) DUTIES.—The Associate Administrator shall—
“(A) conduct rulemaking proceedings with respect to UASs;
“(B) review submissions under the processes established in subparagraphs (C) through (E) of section 44811(c)(2) and, as appropriate, grant certifications and other operational approvals;
“(C) review, modify, accept, or approve industry-developed standards, means of compliance, and declarations of compliance;
“(D) consult and coordinate with subject matter experts from all relevant lines of business and staff offices in carrying out the duties described in this paragraph in a timely and efficient manner;
“(E) hire full time equivalent employees, as appropriate, to build expertise within the Office in assessing new technologies and novel risk mitigations; and
“(F) engage in any other activities deemed necessary by the Associate Administrator to carry out the purposes described in paragraph (3).
“(5) DEFINITIONS.—In this subsection:
“(A) BEYOND VISUAL LINE OF SIGHT; BVLOS.—The terms ‘beyond visual line of sight’ or ‘BVLOS’ mean the operation of a UAS beyond the capability of the flightcrew members to see the UAS with vision unaided by any device other than corrective lenses (such as spectacles or contact lenses).
“(B) UAS.—The term ‘UAS’ has the meaning given the term ‘unmanned aircraft system’ in section 44801.”.
SEC. 826. Use of modeling and simulation tools in unmanned aircraft test ranges; program extension.
Section 44803(c) of title 49, United States Code, as amended by section 813, is amended—
(1) in paragraph (7), by striking the period at the end and inserting “; and”; and
(2) by adding at the end the following new paragraph:
“(8) use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems.”.
subtitle B—Advanced Air Mobility
SEC. 831. Sense of Congress on FAA leadership.
It is the sense of Congress that—
(1) the United States should take actions to position itself as a global leader in advanced air mobility; and
(2) as such a global leader, the FAA should—
(A) prioritize its work on the type certification of aircraft;
(B) publish in line with its stated deadlines rulemakings and policy necessary to enable commercial operations, such as the powered-lift Special Federal Aviation Regulation (SFAR);
(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.
SEC. 832. Aviation Rulemaking Committee on certification of powered-lift aircraft.
(a) In general.—Not later than 180 days after the date on which the first special class type certificate for powered-lift aircraft is issued, 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 the creation of a standard certification pathway for the certification of powered-lift aircraft.
(b) Report.—
(1) IN GENERAL.—Not later than 1 year after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee.
(2) CONSIDERATIONS.—In submitting the report under paragraph (1), the Committee shall consider the following:
(A) Broad, outcome-driven safety objectives that will spur innovation and technology adoption and promote the development of performance-based regulations.
(B) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for powered-lift aircraft.
(c) Rulemaking.—Not later than 90 days after the date on which the Committee submits the report to the Administrator under subsection (b), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.
SEC. 833. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects.
(a) In general.—In considering the environmental impacts of a proposed vertiport project on an existing airport, the Administrator shall—
(1) apply an applicable categorical exclusion 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) after consultation with the Council on Environmental Quality, take steps to establish categorical exclusions for vertiports on an existing 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.
(b) Definitions.—In this section:
(1) ADVANCED AIR MOBILITY; AAM.—The terms “advanced air mobility” and “AAM” mean a transportation system that 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, in both controlled and uncontrolled airspace.
(2) VERTIPORT.—The term “vertiport” means a designated location used or intended to be used to support advanced air mobility (AAM) operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for advanced air mobility (AAM) operations.
SEC. 834. Advanced Air Mobility Working Group amendments.
Section 2(f) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note) is amended—
(1) in paragraph (1), by striking “and” at the end;
(2) by redesignating paragraph (2) as paragraph (3);
(3) 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
(4) in paragraph (3), as redesignated by paragraph (2) of this section, by striking “paragraph (1)” and inserting “paragraphs (1) and (2)”.
SEC. 835. Rules for operation of powered-lift aircraft.
(a) Powered-lift aircraft defined.—In this section, the term “powered-lift aircraft” means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight.
(b) Rulemaking.—Not later than December 31, 2024, the Administrator shall finalize a Powered-Lift Special Federal Aviation Regulation (SFAR) establishing a procedure for certifying pilots and the operation of powered-lift aircraft capable of transporting passengers and cargo.
(c) Requirements.—With respect to any aircraft type certificated by the Administrator, the procedure established under subsection (b) shall provide a practical pathway for pilot qualification and operations.
SEC. 836. International coordination on powered-lift aircraft.
(a) Powered-lift aircraft plan.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this section, the Administrator shall develop a plan to facilitate the ability of the aerospace industry of the United States to efficiently operate powered-lift aircraft and export powered-lift products and articles in key markets globally.
(2) REQUIREMENTS.—The plan developed under paragraph (1) shall include the following:
(A) An assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements so that current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures for powered-lift aircraft, products, and articles.
(B) A description of methods to facilitate the efficient global acceptance of the FAA approach to certification of powered-lift aircraft, products, and articles.
(C) Any other information determined appropriated by the Administrator.
(b) Coordination with civil aviation authorities.—Not later than 90 days after the plan is developed under subsection (a), the Administrator shall coordinate with international civil aviation authorities in countries that have a bilateral safety agreement and implementation procedure with the United States regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.
(c) Establishment of provisions.—Not later than 2 years after the date of enactment of this section, the Administrator shall establish the mutual processes described in subsection (b).
(d) Powered-lift aircraft defined.—In this section, the term “powered-lift aircraft” means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight.
SEC. 837. Advanced air mobility propulsion systems aviation rulemaking committee.
(a) In general.—Not later than 1 year after the date of enactment of this section, 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 regulations covering, with respect to small and large type certificated aircraft, the certification and installation of—
(1) electric engines and propellers;
(2) hybrid electric engines and propulsion systems;
(3) hydrogen fuel cells; and
(4) hydrogen combustion engines or propulsion systems.
(b) Considerations.—In providing the findings and recommendations under subsection (a), the Committee shall consider the following:
(1) Broad, outcome-driven safety objectives that will spur innovation and technology adoption, and promote the development of performance-based regulations.
(2) Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for advanced air mobility 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 stand alone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.
(c) Report.—Not later than 2 years after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing the findings and recommendations described in subsection (a).
(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 the FAA’s plans in response to the findings and recommendations contained in the report.
(e) Safety cooperation.—The Administrator shall lead efforts to engage with foreign authorities to further harmonize standards for certification and installation of the products described in paragraphs (1) through (4) of subsection (a).
TITLE IX—RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES
SEC. 901. Advanced materials center of excellence enhancements.
Section 44518 of title 49, United States Code, is amended—
(1) in subsection (a), by striking “under its structure” and all that follows through the period and inserting “through September 30, 2028, under its structure as in effect on March 1, 2023, which shall focus on applied research and training on the safe use of composites and advanced materials in airframe structures. The Center shall also 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. The Administrator shall award grants to the Center within 90 days from the date the Grants Officer recommends a proposal for award to the Administrator.”; 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 Federal Aviation Administration, the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers, and other appropriate stakeholders;
“(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study, which should include all structural materials, such as carbon fiber polymers and thermoplastic composites, and 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) establish criteria for 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 their personal wheelchairs in flight, that takes into account the modeling, engineering, testing, operating, and training issues significant to all passengers and relevant stakeholders.”.
SEC. 902. Center of excellence for unmanned aircraft systems.
(a) In general.—Chapter 448 of title 49, United States Code, as amended by section 811(a), is amended by inserting after section 44813 the following new section:
Ҥ 44814. Center of Excellence for Unmanned Aircraft Systems
“(a) In general.—During the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the ‘Center’) under the structure of the Center as in effect on January 1, 2023.
“(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 FAA, 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 public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.”.
(b) Clerical amendment.—The analysis for chapter 448 of title 49, United States Code, as amended by section 811(b), is amended by inserting after the item relating to section 44813 the following:
“44814. Center of Excellence for Unmanned Aircraft Systems.”.
SEC. 903. ASSUREd safe credentialing authority.
(a) In general.—Chapter 448 of title 49, United States Code, as amended by section 902(a), is amended by inserting after section 44814 the following new section:
Ҥ 44815. ASSUREd Safe credentialing authority
“(a) In general.—Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ‘ASSUREd Safe’) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University.
“(b) Purposes.—The ASSUREd Safe credentialing authority established under subsection (a) 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 to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations;
“(2) uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and
“(3) any other services determined appropriate by the Administrator of the Federal Aviation Administration.”.
(b) Clerical amendment.—The analysis for chapter 448 of such title, as amended by section 902(b), is amended by inserting after the item relating to section 44814 the following:
“44815. ASSUREd Safe Credentialing Authority.”.
SEC. 904. FAA and NASA advanced aviation technologies pilot program.
(a) Pilot program.—
(1) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as the “NASA Administrator”), shall establish a pilot program to facilitate the appointment of individuals from NASA to the FAA to serve in temporary technical discipline expert positions relating to advanced aviation technologies (in this section referred to as the “program”).
(2) CONSIDERATIONS.—In developing the program, the Administrator shall consider—
(A) existing mechanisms of collaboration between FAA and NASA relating to aeronautics programs, advisory committees, and work groups;
(B) the degree to which FAA and NASA facilitate partnerships between subject matter experts to support the research and development, testing, and certification of advanced aviation technologies; and
(C) how temporary appointments under the program may be best used to enhance the technical capacity of the FAA and technical partnerships between agencies.
(b) Temporary appointment of NASA personnel.—
(1) TERMS AND CONDITIONS.—The Administrator, in coordination with the NASA Administrator, shall identify qualifying projects or activities at the FAA that would benefit from temporary appointments of highly qualified, experienced professionals under the program to enhance technical capacity, knowledge, skills, and abilities relating to research and development, certification, and the safe deployment of advanced aviation technologies. The Administrator and NASA Administrator shall jointly establish the terms and conditions of service under the program and issue relevant guidelines related to the responsibilities and duration of service of participating NASA personnel. In approving NASA personnel for participation in the program, the NASA Administrator shall certify that the temporary appointment of such personnel shall not have an adverse impact on the post-assignment employment duties of relevant NASA personnel or an undue adverse impact on the mission of the agency.
(2) SPECIAL RULES.—The Administrator shall make clear that any responsibilities of NASA personnel participating in the program constitute serving in temporary technical discipline expert positions at the FAA and are subject to FAA conflict-of-interest policies and supervision.
(3) RULES FOR PAY AND BENEFITS FOR NASA PERSONNEL.—Any individuals employed by NASA who are participating in the program shall continue to receive pay and benefits from NASA and shall not receive pay or benefits from the FAA for the duration of the program.
(c) Authority to transfer and receive resources.—In supporting the participation of NASA personnel, the Administrator and NASA Administrator may authorize the use of NASA technical services, equipment, software, and facilities without reimbursement to facilitate cooperation between agencies under the program.
(d) Program review and report.—
(1) REVIEW.—The Comptroller General shall conduct a comprehensive review of the program that includes evaluation of the impact of the program on improving coordination on projects and sharing of technical expertise between agencies relating to advanced aviation technologies.
(2) REPORT.—Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), along with recommendations for such future action as the Comptroller General determines appropriate.
SEC. 905. 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 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 those 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) 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 submit to the appropriate committees of Congress an updated report on the progress of the actions described in paragraph (1).”.
SEC. 906. 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) Selection.—In carrying out the program, the Administrator may ensure 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 entity’s submitted technology proposal meets requisite technology readiness levels for entry into the agreement as determined by the Administrator.”.
SEC. 907. Hypersonic and Supersonic flight testing.
(a) In general.—Not later than 1 year (Supersonic) and 2 years (Hypersonic) after the date of enactment of this section, the Administrator shall establish procedures for permitting manned flights in oceanic airspace and overland flights operating with speeds in excess of Mach 1 (Supersonic Flight) including Mach 5 (Hypersonic) and above for the purposes of developmental and airworthiness testing (including demonstration flights 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).
(b) Considerations.—In carrying out subsection (a), the Administrator shall consider—
(1) the provisions of parts 91.817 and 91.818 of title 14, Code of Federal Regulations;
(2) applications for special flight authorizations for flights operating with speeds in excess of Mach 1 (Supersonic) or Mach 5 (Hypersonic), as described in such part 91.818;
(3) the environmental impacts of developmental and airworthiness testing operations;
(4) whether to require applicants to include specification of proposed flight areas;
(5) the authorization of flights to and from spaceports and 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 overpressure; and
(8) the safety of the uninvolved public.
SEC. 908. Hypersonic pathway to integration study.
(a) Study.—
(1) IN GENERAL.—The Administrator shall conduct a study assessing actions necessary to facilitate the safe operation and integration of hypersonic 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 hypersonic aircraft technologies and flight;
(B) the identification, development, and collection of data required to develop certification, flight standards, and air traffic requirements for the deployment and integration of hypersonic aircraft;
(C) the development of a framework and timeline to establish the appropriate regulatory requirements for conducting hypersonic aircraft flights;
(D) strategic plans to improve the FAA’s state of preparedness and response capability in advance of receiving applications to conduct hypersonic aircraft flights; and
(E) a survey of global hypersonic aircraft-related regulatory and testing developments or activities.
(3) CONSIDERATIONS.—In conducting the study under paragraph (1), the Administrator may consider—
(A) the feedback and technical expertise of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe operation and integration of hypersonic aircraft into the national airspace system;
(i) demonstrating United States global leadership in aeronautics, including hypersonic aircraft and related technologies; and
(ii) strengthening global harmonization in aeronautics; and
(C) the development of international policies, regulations, and standards relating to the certification and safe operation of hypersonic aircraft.
(4) CONSULTATION.—In conducting the study under paragraph (1), the Administrator shall consult with representatives from Federal agencies, industry, and other stakeholders, including—
(A) the National Aeronautics and Space Administration;
(B) the Department of Defense;
(C) aircraft manufacturers;
(D) institutions of higher education; and
(E) any other stakeholders the Administrator determines appropriate.
(b) Report.—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 results of the study conducted under subsection (a), together with recommendations to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system.
(c) Definition of hypersonic.—In this section, the term “hypersonic” means an aircraft or flight operating at speeds in excess of Mach 5 and above.
SEC. 909. Operating high-speed flights in high altitude Class E airspace.
(a) Consultation.—Not later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration and relevant stakeholders, including industry and academia, shall identify 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 at the surface under prevailing atmospheric conditions.
(b) Consultation.—Not later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Environmental Protection Agency and other stakeholders, shall assess and report on a means for supporting continued compliance with the National Environmental Protection Act (NEPA). The Administrator shall 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 NEPA compliance for 1 or more over-land or near-land hypersonic and supersonic test areas that will be established.
(c) Rulemaking.—Not later than 2 years after the date on which the Administrator identifies the minimum altitude described in subsection (a), 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 subsection (a) without specific authorization, provided that such flight operations—
(1) show compliance with airworthiness requirements;
(2) do not cause a measurable sonic boom overpressure to reach the surface;
(3) have ordinary instrument flight rules clearances necessary to operate in controlled airspace; and
(4) comply with applicable environmental requirements.
SEC. 910. Electric propulsion aircraft operations study.
(a) In general.—Not later than 120 days after the date of enactment of this section, 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.—The study required under subsection (a) shall address—
(1) the technical capacity and competencies needed for the FAA to certify aircraft systems specific to electric aircraft;
(2) the data development and collection required to develop standards specific to electric aircraft;
(3) the regulatory standards and guidance material needed to facilitate the safe operation of electric aircraft, including—
(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) the airport infrastructure requirements to support electric aircraft operations, including an assessment of—
(A) existing capabilities of airport infrastructure as of the date of enactment of this section;
(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; and
(F) management of infrastructure relating to hazardous materials used in hybrid and electric propulsion; 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) Report to Congress.—Not later than 2 years 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), together with 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. 911. 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 Administrator may not discontinue or diminish the contract weather observer program at any airport until September 30, 2028.”.
SEC. 912. Airfield pavement technology program.
Using 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 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. 913. National aviation research plan modification.
(a) Modification of submission deadline.—Section 44501(c)(1) of title 49, United States Code, is amended by striking “the date of submission” and inserting “the date that is 45 days after the date of submission”.
(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 45 days after the date of submission”.
SEC. 914. FAA and NASA research and development coordination review.
(a) Review.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as “NASA”) shall conduct a review of aeronautics research and development coordination between Federal agencies and the extent to which NASA and the FAA can improve collaboration in order to leverage each other’s subject matter expertise relating to civil aviation projects.
(2) CONTENTS.—In carrying out the review under paragraph (1), the Administrator shall—
(A) review 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;
(i) the current fiscal year, and the 3 most recent fiscal years, of Federal expenditures for the FAA and NASA’s research and development 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
(C) develop recommendations for the improvement of coordination, collaboration, and efficiency of aeronautics research and development programs to reduce overlap between NASA, the FAA, other Federal agencies, academia, research organizations, standards groups, and industry.
(b) Report.—Not later than 180 days after completing the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on such review, including the recommendations developed under subsection (a)(2)(C).
SEC. 915. Research and development of FAA's aeronautical information systems modernization activities.
(a) In general.—Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the John A. Volpe National Transportation Systems Center, shall carry out a research and development program to assist with the continuous modernization of the FAA’s aeronautical information systems, including, but not limited to—
(1) the Aeronautical Information Management Modernization (AIMM), including the FAA’s Notice to Air Missions (NOTAM) system;
(2) the Aviation Safety Information Analysis and Sharing (ASIAS) system; and
(3) the Service Difficulty Reporting System (SDRS).
(b) Review and report.—
(1) REVIEW.—Not later than 180 days after the date of enactment of this section, the Administrator shall 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 FAA’s aeronautical information systems. Such review shall identify opportunities for additional coordination between the FAA and the John A. Volpe National Transportation Systems Center to further modernize such systems.
(2) REPORT.—Not later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator and the appropriate committees of Congress a report on the review conducted under paragraph (1), together with such recommendations as the Center determines appropriate.
SEC. 916. Center of Excellence for Alternative Jet Fuels and Environment.
(a) In general.—Chapter 445 of title 49, United States Code, as amended by section 817, is amended by adding at the end the following new section:
Ҥ 44521. Center of Excellence for Alternative Jet Fuels and Environment
“(a) In general.—During the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the ‘Administrator’) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the ‘Center’) under its structure as in effect on January 1, 2023.
“(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, alcohols, organic acids, hydrogen, 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; and
“(2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft.
“(c) 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 with other Federal agencies.
“(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) higher education and research institutions that—
“(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) USE OF NASA FACILITIES.—The Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, 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, as amended by section 817, is amended by inserting after the item relating to section 44520 the following:
“44521. Center of Excellence for Alternative Jet Fuels and Environment.”.
SEC. 917. Aircraft Noise Advisory Committee.
(a) Establishment.—Not later than 180 days after the date of enactment of this section, 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) Membership.—The Administrator shall appoint the members of the Advisory Committee, which shall be comprised of—
(1) at least 1 representative of each of—
(A) engine manufacturers;
(C) airport owners or operators;
(D) aircraft manufacturers;
(E) advanced air mobility manufacturers or operators;
(F) institutions of higher education; and
(G) the National Aeronautics and Space Administration; 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 (DNL) standard;
(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) 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) 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 Administrator’s reason for not implementing the recommendation.
SEC. 918. Next generation radio altimeters.
(a) In general.—Not later than 60 days after the date of enactment of this section, 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 a research and development program to assist with the development, testing, and certification of the standards and technology necessary to ensure industry and the FAA can certify and meet the installation requirements for next generation radio altimeters across all necessary aircraft by January 1, 2028.
(b) Grant program.—Subject to 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) Review and report.—Not later than 180 days after the enactment of this section, the Administrator shall submit to the appropriate committees of Congress 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.
(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 section.
SEC. 919. Hydrogen aviation strategy.
(a) FAA and Department of Energy leadership on using hydrogen to propel commercial aircraft.—
(1) IN GENERAL.—The Secretary, acting through the Administrator and jointly with the Secretary of Energy, shall exercise leadership in the creation of Federal and international policies, and shall conduct research relating to the safe and efficient use and sourcing of hydrogen to propel commercial aircraft.
(2) EXERCISE OF LEADERSHIP.—In carrying out paragraph (1), the Secretary, the Administrator, and the Secretary of Energy shall—
(A) establish positions and goals for the use of hydrogen to propel commercial aircraft;
(B) through grant, contract, or interagency agreements, study the contribution the use of hydrogen would have on propelling commercial aircraft, 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 research ways of accelerating introduction of hydrogen-propelled aircraft;
(C) review 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 to propel commercial aircraft;
(D) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when creating policies that enable the safe use of hydrogen to propel commercial aircraft;
(E) coordinate with the National Aeronautics and Space Administration, and obtain input from the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders regarding—
(i) the safe and efficient use of hydrogen to propel commercial aircraft within United States airspace, including—
(I) updating or modifying existing policies on such use;
(II) assessing barriers to, and benefits of, the introduction of 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
(ii) other issues identified by the Secretary, the Administrator, the Secretary of Energy, or the advisory committee established under subparagraph (F) that must be addressed to enable the safe and efficient use of hydrogen to propel commercial aircraft; and
(F) establish an advisory committee composed of representatives of the National Aeronautics and Space Administration, 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 and subsection (b).
(3) INTERNATIONAL LEADERSHIP.—The Secretary, the Administrator, and the Secretary of Energy, in the appropriate international forums, shall take actions that—
(A) demonstrate global leadership in carrying out the activities required by paragraphs (1) and (2);
(B) address the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under paragraph (2);
(C) address the needs of fuel cell manufacturers; and
(D) advance the United States’ competitiveness in hydrogen-propelled aircraft.
(4) REPORT TO CONGRESS.—Not later than 3 years after the date of enactment of this section, the Secretary, acting primarily through the Administrator, and jointly with the Secretary of Energy, shall submit to the appropriate committees of Congress a report detailing—
(A) the Secretary’s, Administrator’s, and Secretary of Energy’s actions to exercise leadership in the creation of Federal and international policies, and of research conducted, relating to the safe and efficient use of hydrogen to propel commercial aircraft;
(B) planned, proposed, and anticipated actions to update or modify existing policies related to the use of hydrogen to propel commercial aircraft, including those identified as a result of consultation with, and feedback from, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under paragraph (2); and
(C) a timeline for any actions pursuant to subparagraphs (A) and (B) to be taken to update or modify existing policies related to the safe and efficient use of hydrogen to propel commercial aircraft.
(b) FAA leadership on the certification of hydrogen-propelled commercial aircraft.—
(1) IN GENERAL.—The Administrator shall exercise leadership in the creation of Federal regulations, standards, and guidance relating to the safe and efficient certification of hydrogen-propelled commercial aircraft.
(2) EXERCISE OF LEADERSHIP.—In carrying out paragraph (1), the Administrator shall—
(A) establish a viable path for the certification of hydrogen-propelled aircraft that considers existing frameworks, modifying an existing framework, or developing a new framework as appropriate;
(B) review certification regulations, guidance, and other requirements of the FAA to identify ways to safely and efficiently certify hydrogen-propelled commercial aircraft;
(C) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when creating regulations and standards that enable the safe certification and deployment of hydrogen-propelled commercial aircraft in the national airspace system; and
(D) obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders regarding—
(i) the appropriate regulatory framework and timeline for permitting the safe and efficient deployment and operation of hydrogen-propelled aircraft in the United States, including updating or modifying existing regulations;
(ii) how to accelerate the resolution of issues related to data and standards development and related regulations necessary to facilitate the safe and efficient certification of hydrogen-propelled commercial aircraft; and
(iii) other issues identified by the Administrator or the advisory committee established under subsection (a)(2)(F) that must be addressed to enable the safe and efficient deployment and operation of hydrogen-propelled commercial aircraft.
SEC. 920. Aviation fuel systems.
(a) Coordination.—The Secretary, in coordination with the stakeholders identified in subsection (b), shall study, plan, and make recommendations with respect to coordination and implementation issues relating to aircraft powered by new aviation fuels or fuel systems, including at a minimum, the following:
(1) Research and technical assistance related to the development, certification, operation, and maintenance of aircraft powered by new aviation fuels and fuel systems, along with refueling and charging infrastructure and associated technologies critical to their deployment.
(2) Data 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) the National Aeronautics and Space Administration;
(3) the Department of the Air Force; and
(4) other Federal agencies, as determined by the Secretary.
(c) Savings.—Nothing in this section shall be construed as granting the Environmental Protection Agency additional authority to establish alternative fuel emissions standards.
TITLE X—MISCELLANEOUS
SEC. 1001. Authorization for carriage reimbursement.
(a) In general.—Beginning on the date of enactment of this section, the payment eligibility conditions described in section 91.321(a) of title 14, Code of Federal Regulations, shall apply to an aircraft operator to the extent necessary to allow the operator to receive payment for carrying an eligible person (as described in subsection (b)) without the operator having to comply with the rules described in parts 121, 125, or 135 of such title 14, subject to the conditions provided in paragraphs (1) and (2) of such section 91.321(a).
(b) Eligible person described.—For purposes of subsection (a), an eligible person to be carried on an aircraft used in an operation conducted under such subsection is limited to a Member, officer, or employee of the Senate or a Member, Delegate, Resident Commissioner, officer, or employee of the House of Representatives, who, pursuant to rule XXXV of the Standing Rules of the Senate or rule XXIII of the Rules of the House of Representatives (as applicable), must pay the fair market value of the flight (as described in such rules).
(c) Rulemaking.—The Administrator shall revise section 91.321 of title 14, Code of Federal Regulations, as necessary, consistent with this section.
SEC. 1002. Clarifying minimum altitudes for go-arounds, inspection passes, practice approaches, and instrument approaches.
(a) In general.—The Administrator may revise regulations as necessary to allow a properly qualified pilot operating an aircraft to conduct, without regard to the minimum altitudes set forth in such sections—
(1) in the case of section 91.119 of title 14, Code of Federal Regulations, a go-around, an inspection pass, a practice approach, or an instrument approach;
(2) in the case of section 91.177 of such title 14, an instrument approach; and
(3) in the case of section 91.515 of such title 14, a go-around, a practice approach, or an instrument approach.
(b) Briefing.—If the Administrator does not revise regulations as described in subsection (a), the Administrator shall provide a briefing to the appropriate committees of Congress.
SEC. 1003. Let Me Travel America.
(a) In general.—Chapter 805 of title 49, United States Code, is amended by adding at the end the following:
“§ 80505. COVID–19 vaccination status
“(a) In general.—An entity described in subsection (b) may not deny service to any individual solely based on the vaccination status of the individual with respect to the Coronavirus Disease 2019 (COVID–19).
“(b) Entity described.—An entity referred to in subsection (a) is a common carrier or any other entity, including a rail carrier (as defined in section 10102, including Amtrak), a motor carrier (as defined in section 13102), a water carrier (as defined in that section), and an air carrier (as defined in section 40102), that—
“(1) provides interstate transportation of passengers; and
“(2) is subject to the jurisdiction of the Department of Transportation or the Surface Transportation Board under this title.
“(c) Savings provision.—Nothing in this section applies to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers.”.
(b) Clerical amendment.—The analysis for chapter 805 of title 49, United States Code, is amended by inserting after the item relating to section 80504 the following:
“80505. COVID–19 vaccination status.”.
(c) Rule of construction.—Nothing in this section, or an amendment made by this section, shall be construed to permit or otherwise authorize Congress or an executive agency to enact or otherwise impose a COVID–19 vaccine mandate.
SEC. 1004. Transportation of organs, bone marrow, and human cells, tissues, or cellular or tissue-based products (HCT/Ps).
(a) Handling of organs, bone marrow, and HCT/Ps on aircraft.—Not later than 180 days after the date of enactment of this section, the Administrator, in coordination with relevant Federal agencies and stakeholders, shall issue a rulemaking to—
(1) establish a safe, standardized process for a commercial airline's acceptance, handling, management, and transportation of an organ, bone marrow, or human cells, tissues, or cellular or tissue-based products (in this section referred to as “HCT/Ps”) in the cabin of an aircraft;
(2) require each commercial airline to establish a protocol to ensure the safe and timely transport of an organ, bone marrow, or HCT/Ps in the cabin of the aircraft, including through any connecting flight; and
(3) identify metrics regarding the handling of organs, bone marrow, or HCT/Ps by commercial airlines in order to increase transparency and aid the development of best practices and improvement initiatives.
(b) Definitions.—In this section:
(1) BONE MARROW.—The term “bone marrow” has the meaning given such term in section 274e(c)(1) of title 42, Code of Federal Regulations.
(2) HUMAN CELLS, TISSUES, OR CELLULAR OR TISSUE-BASED PRODUCTS.—The term “human cells, tissues, or cellular or tissue-based products” has the meaning given such term in section 1271.3(d) of title 21, Code of Federal Regulations.
(3) ORGAN.—The term “organ”—
(A) has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations; and
(B) includes organ-related tissue.
TITLE XI—TECHNICAL CORRECTIONS
SEC. 1101. Technical corrections.
(a) 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)”.
(b) Civil penalty.—Section 44704(f) of title 49, United States Code, is amended by striking “subsection (a)(6)” and inserting “subsection (d)(3)”.
(c) Sunset of rule.—Section 44729 of title 49, United States Code, is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively.
(d) Public disclosure of information.—Section 44735 of title 49, United States Code, is amended—
(A) in the matter preceding paragraph (1), by inserting “, nor by any agency receiving information from the Administrator,” after “Federal Aviation Administration”; and
(B) in paragraph (2), by inserting “or for any other purpose regarding the development and implementation of a safety management system acceptable to the Administrator” before the period at the end; and
(2) by adding at the end the following new subsection:
“(d) Applicability to the National Transportation Safety Board.—This section shall not be construed to limit the National Transportation Safety Board’s accident or incident investigation authority under chapter 11 of this title, including the requirement to not disclose voluntarily provided safety-related information under section 1114.”.
Calendar No. 335 | |||
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A BILL | |||
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To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028, and for other purposes. | |||
February 29, 2024 | |||
Reported with an amendment |
FAA Reauthorization Watch: Provisions of Note for UAS and AAM Companies in the Senate Bill
On February 8, the Senate Committee on Commerce, Science, and Transportation passed a bill that would fund the Federal Aviation Administration (FAA) for the next five years. This marks the first good progress on FAA Reauthorization since the House of Representatives passed its own version last July. The Senate version of the bill was stalled in Committee, held up by a series of disagreements among Senators on issues affecting pilots, including training requirements and a mandatory retirement age. When no progress was made by the end of last year, Congress was forced to pass a second short-term extension bill to fund the agency through March 8, 2024.
FAA Reauthorization has long been controversial—the 2018 reauthorization package was the first five-year FAA package since 1982. Nevertheless, Congress does appear poised to pass another five-year package in the coming months. The next step for the Senate bill, S. 1939, is a full Senate floor vote. After that, we expect to see a negotiation between the House and Senate to reconcile their versions of the bill. This could take place in a formal conference committee process or, more likely, in behind-the-scenes negotiations. The final version will return to the House and Senate for approval and will finally make its way to the President’s desk for his signature. Timing on ultimate passage and conference negotiations remains unclear.
This alert provides a summary of key provisions in the proposed Senate bill related to Uncrewed or Unmanned Aircraft Systems (UAS) and Advanced Air Mobility (AAM), including summaries of the amendments approved by the Senate committee last week. Please contact the authors with any questions about the bill or the reauthorization process generally.
Provisions of Note Related to UAS and AAM:
Title II – FAA Oversight and Organization
Sec. 201 – Future of NextGen
- Specifies that any functions related to AAM will be transferred to the Office of Advanced Aviation Technology and Innovation (as established by Sec. 801).
Sec. 202 – Airspace Innovation Office
- Establishes Airspace Innovation Office within FAA to develop a plan for the continuous modernization of the National Airspace System.
Title IV – Modernizing the National Airspace System
Sec. 409 – Low Altitude Routes for Vertical Flight
- Directs the FAA to initiate a rulemaking to incorporate IFR rotorcraft operations into low-altitude performance-based navigation procedures and to prioritize the development of new “helicopter area” navigation instrument flight rules routes.
Sec. 410 – ADS-B Out Equipage Study; Vehicle-to-Vehicle Program
- Directs the FAA to initiate a study to determine the number of aircraft registered in the United States and other devices operating in the airspace of the U.S. currently unequipped with Automatic Dependent Surveillance-Broadcast (ADS-B) out equipment, requirements for and impacts of expanding dual-link architecture and the cost and benefits of ADS-B equipage. This section also directs the Administrator, in coordination with the National Aeronautics and Space Administration (NASA) and the Federal Communications Commission (FCC), to establish an interagency coordination program to advance Vehicle-to-Vehicle link programs.
Title V – Aviation Workforce
Sec. 501 – Aviation Workforce Development Grants
- Continues the FAA’s Aviation Workforce Development Grant Program, including awards for workforce development programs to support the recruitment, education and training of pilots, aerospace engineers and unmanned aircraft system operators. The section authorizes $10 million each year for fiscal years 2024 through 2028 for eligible subprograms to grow the development of the aviation workforce.
Title VI – Modernizing Airport Systems
Sec. 639 – Study on Autonomous and Electric-Power Track Systems
- Requires a study to develop a standard for autonomous and electric-powered track systems that are located underneath the pavement at an airport and allow a transport category aircraft to taxi without the use of the main engines of the aircraft.
Title VIII, Subtitle A (Unmanned Aircraft Systems)
Sec. 801 – Office of Advanced Aviation Technology and Innovation
- Establishes office responsible for spearheading cross-FAA efforts for the integration of advanced aviation technologies like UAS, powered-life aircraft, electric propulsion and supersonic/hypersonic aircraft.
Sec. 802 – Advanced Aviation Technology and Innovation Steering Committee
- Establishes a steering committee that will support the FAA’s plan to fully integrate Advanced Aviation Technologies into the National Airspace System.
Sec. 803 – Beyond Visual Line of Sight (BVLOS)
- Directs the FAA to launch and complete a rulemaking for a regulatory pathway to certify or approve unmanned aircraft systems enabling commercial BVLOS operations.
- Notes that the rulemaking should establish a risk assessment methodology, develop remote pilot certification standards, and determine airworthiness requirements.
Sec. 804 – Extending Special Authority for Certain Unmanned Aircraft Systems
- Extends FAA statutory exemption authority to continue enabling low-risk BVLOS and extended visual line of sight operations until the Sec. 803 rulemaking is complete.
- Provides for expedited exemptions for certain low-risk operations.
Sec. 805 – Environmental Review and Noise Certification
- Requires the FAA to publish UAS-specific environmental review guidance and implementation procedures.
- Requires examination and integration of programmatic-level approaches to the National Environmental Policy Act (NEPA) requirements for the commercial UAS industry to enable an efficient process for environmental reviews.
- Requires the FAA to coordinate with the Council on Environmental Quality to identify areas for categorical exclusion.
- Suspends existing notice certification requirements until final publication of new standards.
Sec. 806 – UAS Traffic Management (UTM) Implementation
- Requires the FAA to create a standard approval process for third-party service suppliers of UTM.
Sec. 807 – Operations Over the High Seas
- Requires the FAA to develop and implement an operational approval
process for permitting small UAS and UAS with a special airworthiness
certificate to operate over the high seas.
- This would apply in flight information regions over which the U.S. has operational control.
Sec. 808 – Extension of the BEYOND Program
- Extends BEYOND program with the same terms and conditions.
Sec. 809 – Extension of the Know Before You Fly Campaign
- Extends campaign through 2028.
Sec. 810 – Unmanned Aircraft System Data Exchange
- Requires the FAA to develop and submit a plan to relevant Congressional committees regarding making data that is critical for the safe integration of UAS into the national airspace system available to the UAS community.
Sec. 812 – Recreational Operations of Drone Systems
- Amends 49 U.S.C. § 44809 to allow recreational drone users to operate above 400 feet in certain areas and conditions, subject to FAA approval.
Sec. 813 – UAS Test Ranges
- Permits the Administrator to add two additional UAS test sites, chosen through a competitive selection process.
- Enacts program reforms that include allowing receipt of non-FAA Federal funding and a broader range of research activities, testing innovative concepts that offer new safety benefits including developing an advanced aviation industrial base in the U.S., and expressly allowing for the establishment of restricted airspace areas.
Sec. 814 – Authority Regarding Protection of Certain Facilities and Assets from Unmanned Aircraft
- Extends counter-UAS authority of the Department of Justice and the Department of Homeland Security for an additional three years.
Sec. 815 – Airport Safety and Airspace Hazard Mitigation and Enforcement
- Reauthorizes the airport safety and hazard mitigation and enforcement authority of the FAA for five years.
- The authority includes the ability to evaluate counter-UAS technologies at five domestic airports that may monitor and mitigate potential aviation safety risks.
Sec. 816 – Special Authority for Transport of Hazardous Materials by Commercial Package Delivery Unmanned Aircraft Systems
- Requires the FAA to use a risk-based approach to establish the operational requirements, standards or special permits necessary for the safe transportation of hazardous materials by unmanned aircraft systems providing common carriage.
Title VIII, Subtitle B (Advanced Air Mobility)
Sec. 821 – Sense of Congress on FAA Leadership
- Expresses congressional sense that the U.S. should act to demonstrate its ability as a global leader in AAM.
- This includes prioritizing aircraft type certification, publishing rulemakings for operational rules for pilot certification and working with global partners to support acceptance of AAM.
Sec. 822 – Aviation Rulemaking Committee on Certification of Powered-Lift Aircraft
- Creates a timeline for the establishment of an Aviation Rulemaking Committee.
- The purpose of the Committee is to provide the FAA with findings and recommendations for creating a certification pathway for powered-lift aircraft.
Sec. 823 – Application of National Environmental Policy Act (NEPA) Categorical Exclusions for Vertiport Projects
- Requires the FAA to apply applicable categorical exclusions for vertiport projects at existing airports in accordance with NEPA.
- Requires the FAA to consult with the Council on Environmental Quality for vertiports at existing airports.
Sec. 824 – Advanced Air Mobility Working Group Amendments
- Amends the AAM Coordination and Leadership Act to mandate that the Act’s National Strategy include recommendations for expertise and data sharing on critical items, such as long-term electrification requirements and city needs for deploying AAM.
Sec. 825 – Rules for Operation of Powered-Lift Aircraft
- Requires the FAA to finalize the Powered-Lift Special Federal Aviation Regulation (SFAR) by Dec. 31, 2024.
- The regulation will establish a procedure for certifying pilots and the operation of powered-lift aircraft capable of transporting passengers and cargo.
Sec. 826 – International Coordination on Powered-Lift Aircraft
- Requires the FAA to develop a plan to help the U.S. aerospace industry efficiently operated powered-lift aircraft and export-related products globally.
- The plan should also include coordination with international civil aviation partners for relevant processes.
Sec. 827 – Advanced Air Mobility Propulsion Systems Aviation Rulemaking Committee
- Creates an Aviation Rulemaking Committee on AAM propulsion systems to provide the DAA with specific findings and recommendations for regulations.
- The regulations will cover small and large type certificated aircraft, the certification and installation of engines, propellers and propulsion systems (including electric, hybrid and hydrogen-fueled systems).
- Directs the FAA to engage with foreign authorities to coordinate related standards.
Title IX, Research and Development and Innovative Aviation Technologies
Sec. 902 – Center of Excellence for Unmanned Aircraft Systems
- Extends authorization of the center for the duration of the Act.
- Incorporates AAM research and development and ensures the participation of educational and research entities that offer undergraduate programs in related fields for pilot certifications and pilot training for women aviators.
Sec. 910 – Electric Propulsion Aircraft Operations Study
- Directs GAO to study the safe and scalable operation and integration of electric aircraft into the national airspace system.
Amendments of Note Related to UAS and AAM:
Blackburn 1
- Prohibits the FAA from providing federal funds to, procuring from, or operating with certain foreign drone companies.
- Requires the FAA to replace any such drones that it owns or operates with a U.S. or allied drone within one year and provide a report to Congress with the cost and number of violating FAA drones.
- Countries include China, Russia, Iran, North Korea, Venezuela, Cuba and other countries deemed necessary by the FAA Administrator.
Budd 23, as modified
- Adds requirements to the rulemaking for powered lift, including for the FAA to provide a practical pathway for pilot qualifications and operations.
Fischer-Duckworth 2
- Adds duties for the Office of Advanced Aviation Technology and Innovation to implement an online capability that lets stakeholders review the status of their certifications and approval applications and other relevant information.
Lujan 1, as modified
- Adds consideration of certain aircraft, such as hot air balloons, to the FAA rulemaking on BVLOS in low level airspace (to consider the maneuverability or technology limitations of such aircrafts).
Markey 15, as modified
- Requires consideration of the risk profile unique to UAS and relevant mitigations when establishing the risk-based approach for the safe transportation of hazardous materials by UAS.
- Requires UAS operators to submit safety risk assessment to the FAA for such transport.
- Requires DOT to obtain stakeholder input to implement the section and identify changes in risk.
Peters-Wicker 1, as modified
- Establishes sense of Congress for U.S. to maintain leadership in advanced aviation.
- Requires the FAA to create comprehensive strategy to safely integrate UAS into U.S. national airspace system.
- Requires the FAA to report to Congress regularly on implementation, starting 270 days after enactment.
Rosen 2, as modified
- Establishes a drone infrastructure inspection program within the Department of Transportation to enable the use of drones to support critical infrastructure projects.
Rosen 5
- Authorizes appropriations for UAS test ranges ($14M between FY24 and FY28).
Sullivan 3
- Allows for the use of any size UAS, not just small UAS, for Arctic research purposes.
Sullivan 14
- Amends Sec. 813 (UAS test ranges) to include solutions for counter-UAS testing in developing standards for the safe integration of UAS.
Thune 2, as modified
- Establishes an Office of UAS Integration with an Associate Administrator.
Young 1
- Requires the FAA to review and report to Congress on whether drone manufacturers and operators can meet the intent of the FAA’s remote identification rule through network-based remote identification within one year of enactment.
Young-Sullivan 2, as modified
- Permits recreational drone operators to operate the drone at any altitude in uncontrolled airspace.
- Permits the operator to seek FAA authorization to operate in controlled airspace when operating under the safety programming of a recognized community-based organization.
- Allows the community-based organizations to self-declare fixed sites.
- Permits community-based organizations to become FAA Trust Administrators.
Young 3
- Prohibits Department of Transportation from contracting with or awarding a grant for the operation, procurement, or contracting action of a foreign-made UAS.
- Provides exemptions for counter-UAS testing and aviation safety testing.
- Authorizes $5 million to replace any DOT UAS manufactured or assembled by a covered foreign entity.
Young 6
- Requires the FAA to create a comprehensive plan on UAS automation, in consultation with NASA, the Department of Defense and UAS manufacturers and operators.
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Venus Aerospace Applauds New FAA Legislation That Elevates, Boosts U.S. Hypersonic Aviation Industry - Venus Aerospace
Venus Aerospace specifically applauds the House Transportation & Infrastructure Committee and the Senate Committee on Commerce, Science and Transportation for their work on FAA Reauthorization.
HOUSTON, June 15, 2023 /PRNewswire/ — Venus Aerospace applauds and expresses its gratitude to the House and Senate Committees for their forward-looking and hard work on FAA Reauthorization legislation. FAA Reauthorization legislation, which is passed approximately every 5 years, provides the public policy blueprint for the U.S. aviation and aerospace industries which support millions of well-paying jobs and creates billions of dollars of economic value for the United States. “The House and Senate bills show that Congress recognizes the importance of hypersonic aviation, and allows the United States to maintain its long history of leadership in aviation” stated Venus CEO and co-founder Sarah “Sassie” Duggleby.
Venus Aerospace applauds the House Transportation & Infrastructure Committee for its incredibly hard work on passing the Securing Growth and Robust Leadership in American Aviation Act, H.R. 3935 out of Committee yesterday. We thank Chairman Sam Graves and Ranking Member Larsen for their collegial and bipartisan leadership and look forward to working with them in the days ahead.
Venus Aerospace wishes to express its sincere appreciation to Congressman Mike Collins (GA-10) for his strong bipartisan leadership on hypersonic aviation. Together with Congresswoman Emilia Skyes (OH-13) and Congressman Brian Babin(TX-36), Mr. Collins led a successful effort to further strengthen H.R. 3935’s hypersonic aviation policy through an amendment.
Mr. Collins explained, “hypersonic technology is the future, and America must lead and not fall behind China and Russiain this new arena of aviation. My amendment to the FAA reauthorization bill achieves that goal by requiring the FAA to provide a clear framework so that hypersonic manufacturers can design and test aircraft that will one day fly passengers across the globe. I thank my colleagues for their support and look forward to continuing to champion the development of hypersonic technology.”
Ms. Sykes stated, “as a member of the House Aerospace Caucus, I’m proud to co-lead this bipartisan amendment to ensure the United States remains a leader in hypersonic technology. This amendment to the FAA reauthorization bill creates clear guidelines so hypersonic manufacturers can easily design, test, and develop the aircraft of the future. I will continue to support innovative and cutting-edge aerospace technologies which will create good-paying jobs and pave the way for a new generation of flight.”
Dr. Babin, Chairman of the House Space and Aeronautics Subcommittee, stated, “ensuring the U.S. remains in the driver’s seat for the future of aviation is essential to our success and security. Our amendment guarantees the FAA provides a roadmap – not a roadblock – for innovative American companies pushing boundaries and pursuing hypersonics. As a senior member of both the House Science, Space, and Technology and the Transportation and Infrastructure Committees, I will continue supporting this industry and holding the torch on this issue. I appreciate Rep. Collins’ work on this matter and look forward to collaborating with him again in the future.”
As a company based in the 36th district of Texas, Venus is grateful for Dr. Babin’s steadfast encouragement and support of Venus since our founding.
Venus Aerospace applauds the Senate Committee on Commerce, Science on Transportation for introducing the Federal Aviation Administration (FAA) Reauthorization Act of 2023 earlier this week. The Senate legislation thoughtfully lays out a robust and well-constructed policy foundation for the U.S. hypersonic industry. The legislation would ensure that the FAA is prepared to certify and regulate hypersonic aircraft in the years ahead as foreign regulators and companies also make strides in hypersonic technology. We express our gratitude to Chair Cantwell and Ranking Member Cruz for their bipartisan leadership on this important issue and look forward to seeing the legislation progress.
Venus has been awarded contracts with NASA and US Defense Agencies to accelerate the development and transition of its RDRE (rotating detonation rocket engine) technology to enhance existing government missions. The company’s advancements can also enable more efficient travel in and through space. Venus has developed the world’s first liquid-propellant rotating detonation rocket engine with a double-digit percentage increase in efficiency over standard engines, making the hypersonic economy possible.
In Spring 2022, the company raised its $20M Series A, led by Prime Movers Lab, to fund engine development and subscale initial flight testing for building its Mach 9 hypersonic drone and Mach 9 spacecraft, both capable of one-hour global travel. Venus recently announced the addition of Airbus Ventures to its team of investors.
Original Article:
https://www.prnewswire.com/news-releases/venus-aerospace-applauds-new-faa-legislation-that-elevates-boosts-us-hypersonic-aviation-industry-301852741.html
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