[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4246 Reported in Senate (RS)]
<DOC>
Calendar No. 646
117th CONGRESS
2d Session
S. 4246
To direct the Secretary of Transportation to establish a pilot program
to provide grants related to advanced air mobility infrastructure, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18 (legislative day, May 17), 2022
Mr. Padilla (for himself and Mr. Moran) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
December 14, 2022
Reported by Ms. Cantwell, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to establish a pilot program
to provide grants related to advanced air mobility infrastructure, 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.
This Act may be cited as the ``Advanced Aviation Infrastructure
Modernization Act'' or the ``AAIM Act''.
SEC. 2. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a pilot program to
provide grants that assist an eligible entity to plan for the
development and deployment of infrastructure necessary to facilitate
AAM operations, locally and regionally, within the United States.
(b) Planning Grants.--
(1) In general.--The Secretary shall provide grants to
eligible entities to develop comprehensive plans under
paragraph (2) related to AAM infrastructure.
(2) Comprehensive plan.--
(A) In general.--Not later than 1 year after
receiving a grant under this subsection, an eligible
entity shall submit to the Secretary a comprehensive
plan, including the development of potential public use
and private vertiport infrastructure, in a format
capable of being published on the website of the
Department of Transportation.
(B) Plan contents.--The Secretary shall establish
content requirements for comprehensive plans submitted
under this subsection, which shall include not less
than 1 of the following as many of the following:
(i) The identification of planned or
potential public use and private vertiport
locations.
(ii) A description of infrastructure
necessary to support AAM operations.
(iii) A description of types of planned or
potential AAM operations and forecast for
proposed vertiport operations, including
estimates for initial operations and future
growth.
(iv) The identification of physical and
digital infrastructure required to meet any
standards for vertiport design and performance
characteristics established by the Federal
Aviation Administration (as in effect on the
date on which the Secretary issues a grant to
an eligible entity), including modifications to
existing infrastructure and ground sensors,
electric charging or other fueling
requirements, electric utility requirements,
wireless and cybersecurity requirements, fire
safety, perimeter security, and other necessary
hardware or software.
(v) A description of any hazard associated
with planned vertiport infrastructure, such as
handling of hazardous materials, batteries, or
other fuel cells, charging or fueling of
aircraft, aircraft rescue and firefighting
response, and emergency planning.
(vi) A description of potential
environmental effects of planned or potential
construction or siting of vertiports.
(vii) A description of how planned or
potential vertiport locations, including new or
repurposed infrastructure, fit into State and
local transportation systems and networks,
including--
(I) connectivity to existing public
transportation hubs and intermodal and
multimodal facilities;
(II) opportunities to create new
service to rural areas and areas
underserved by air transportation; or
(III) opportunities to utilize
existing aviation infrastructure, such
as airports and heliports, for AAM
operations.; or
(IV) any potential conflict with
existing aviation infrastructure that
may arise from the potential location
of the vertiport.
(viii) A description of how vertiport
planning will be incorporated in State or
metropolitan planning documents.
<DELETED> (ix) The identification of the
process an eligible entity will undertake to
ensure an adequate level of engagement with any
potentially impacted community for each planned
vertiport location and planned or anticipated
AAM operations, such as engagement with
communities in rural areas, underserved
communities, individuals with disabilities, or
racial and ethnic minorities.</DELETED>
(ix) The identification of the process an
eligible entity will undertake to ensure an
adequate level of engagement with any
potentially impacted community for each planned
or potential vertiport location and planned or
anticipated AAM operations, such as engagement
with communities in rural areas, underserved
communities, Tribal communities, individuals
with disabilities, or racial and ethnic
minorities.
(x) The identification of the actions
necessary for an eligible entity to undertake
the construction of a vertiport, such as
planning studies to assess existing
infrastructure or newly identified areas of AAM
integration, environmental studies, studies of
projected economic benefit to the community,
lease or acquisition of an easement or land for
new infrastructure, and activities related to
other capital costs.
(xi) The identification of State, local, or
private sources of funding an eligible entity
may use to assist with the construction or
operation of a vertiport.
(xii) The identification of existing
Federal aeronautical and airspace requirements
that must be met for the eligible entity's
planned vertiport location.
(xiii) A description of how the eligible
entity will include opportunities for small
business concerns owned and controlled by
socially and economically disadvantaged
individuals to compete, on an equal basis, for
contracts or subcontracts related to the
design, development, construction, or operation
of a proposed vertiport.
(3) Application.--To apply for a grant under this
subsection, an eligible entity shall provide to the Secretary
an application in such form, at such time, and containing such
information as the Secretary may require.
(4) Selection.--
(A) In general.--In awarding grants under this
subsection, the Secretary shall consider the following:
(i) Geographic diversity.
(ii) Diversity of the proposed models of
infrastructure financing and management.
(iii) Diversity of anticipated or planned
AAM operations.
(iv) The need for comprehensive plans
that--
(I) facilitate ensure the safe and
efficient integration of AAM operations
into the National Airspace System;
(II) improve transportation safety,
connectivity, and access in both rural
and urban regions in the United States;
(III) leverage existing public
transportation systems and intermodal
and multimodal facilities or newly
identified areas of AAM integration;
(IV) reduce surface congestion and
the environmental impacts of
transportation;
(V) grow the economy and create
jobs in the United States; and
(VI) encourage community engagement
when planning for AAM-related
infrastructure.
(B) Priority.--The Secretary shall prioritize
awarding grants under this subsection to eligible
entities that partner to applications that capture as
many items in paragraph (2)(B) as possible and to
eligible entities that collaborate with commercial AAM
entities, institutions of higher education, research
institutions, or other relevant stakeholders to develop
and prepare a comprehensive plan.
(C) Minimum allocation to rural areas.--The
Secretary shall ensure that not less than 20 percent of
the amounts made available under subsection (c) are
used to award grants to eligible entities that submit a
comprehensive plan under paragraph (2) that is related
to infrastructure located in a rural area.
(5) Grant amount.--Each grant made under this subsection
shall be made in an amount that is not more than $1,000,000.
(6) Briefing.--
(A) In general.--Not later than 180 days after the
first comprehensive plan is submitted under paragraph
(2), and every 180 days thereafter through September
30, 2024 September 30, 2025, the Secretary shall
provide a briefing to the appropriate committees of
Congress on the comprehensive plans on each of the
comprehensive plans submitted to the Secretary under
such paragraph.
(B) Contents.--The briefing required under
subparagraph (A) shall include--
(i) an evaluation of all planned or
proposed planned or potential vertiport
locations included in the comprehensive plans
submitted under paragraph (2) and how such
planned or proposed planned or potential
vertiport locations may fit into the overall
United States transportation system and
network; and
(ii) a description of lessons or best
practices learned through the review of
comprehensive plans and how the Secretary will
incorporate any such lessons or best practices
into Federal standards or guidance for the
design and operation of AAM infrastructure and
facilities.
(c) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Secretary to carry out this section $12,500,000 for each
of fiscal years 2022 and 2023 fiscal years 2023 and 2024, to
remain available until expended.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), the Secretary may retain up to 1 percent
for personnel, contracting, and other costs to establish and
administer the pilot program under this section.
(d) Termination.--
(1) In general.--No grant may be awarded under this section
after September 30, 2023 September 30, 2024.
(2) Continued funding.--Funds authorized to be appropriated
pursuant to subsection (c) may be expended after September 30,
2023 September 30, 2024--
(A) for grants awarded prior to September 30, 2023
September 30, 2024; and
(B) for administrative expenses.
(e) Definitions.--In this Act:
(1) Advanced air mobility; aam.--The terms ``advanced air
mobility'' and ``AAM'' mean a transportation system that
transports individuals or property between points in the United
States using aircraft with innovative capabilities, including
aircraft that use 2 or more lift or thrust units to generate
powered lift and control during vertical takeoff or landing,
that may be piloted, remotely piloted, or autonomous, including
those powered by electric or hybrid driven propulsion
alternative propulsion, in both controlled and uncontrolled
airspace.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) Commercial aam entities.--The term ``commercial AAM
entities'' means--
(A) manufacturers of aircraft, avionics, propulsion
systems, and air traffic management systems related to
AAM;
(B) intended commercial operators of AAM aircraft
and systems; and
(C) intended commercial operators and developers of
vertiports.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State, local, or Tribal government, including
a political subdivision thereof;
(B) an airport sponsor;
(C) a transit agency;
(D) a port authority;
(E) a metropolitan planning organization; or
(F) any combination or consortium of the entities
described in subparagraphs (A) through (E).
(5) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 5303(b) of title 49, United States Code.
(6) Rural area.--The term ``rural area'' means an area
located outside a metropolitan statistical area (as designated
by the Office of Management and Budget).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(8) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, American Samoa, the Northern Mariana Islands, and
Guam.
(9) Vertiport.--The term ``vertiport'' means a designated
location used or intended to be used to support AAM operations,
including the landing, takeoff, loading, taxiing, parking, and
storage of aircraft developed for AAM operations.
SEC. 3. GAO STUDY AND REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study on the interests, roles, and
responsibilities of Federal, State, local, and Tribal
governments affected by AAM aircraft and operations; and
(2) submit to the appropriate committees of Congress a
report on the study, including the Comptroller General's
findings and conclusions.
(b) Requirements.--In conducting the study required under
subsection (a), the Comptroller General shall review the following:
(1) The state of the law as of the enactment of this Act
with respect to Federal authority over operations of AAM
aircraft systems in the national airspace system.
(2) The state of the law as of the enactment of this Act
with respect to State, local, and Tribal authority over
operations of AAM aircraft in the national airspace system.
(3) Potential gaps between authorities under paragraphs (1)
and (2).
(4) Proposals to facilitate the safe and financially viable
growth and development of the AAM industry and integration of
AAM aircraft into the national airspace system.
Calendar No. 646
117th CONGRESS
2d Session
S. 4246
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to establish a pilot program
to provide grants related to advanced air mobility infrastructure, and
for other purposes.
_______________________________________________________________________
December 14, 2022
Reported with amendments