[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3935 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 211
118th CONGRESS
1st Session
H. R. 3935
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2023
Received
September 20, 2023
Read the first time
September 21, 2023
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to reauthorize and improve the
Federal Aviation Administration and other civil aviation programs, and
for other purposes.
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 ``Securing Growth
and Robust Leadership in American Aviation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATIONS AND FAA ORGANIZATIONAL REFORM
Subtitle A--Authorizations
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. Operations.
Sec. 104. Extension of miscellaneous expiring authorities.
Subtitle B--FAA Organizational Reform
Sec. 121. FAA leadership.
Sec. 122. FAA management board.
Sec. 123. Prohibition on conflicting pecuniary interests.
Sec. 124. Authority of Secretary and Administrator.
Sec. 125. Review of FAA rulemaking processes.
Sec. 126. Office of Innovation.
Sec. 127. Frank A. LoBiondo National Aerospace Safety and Security
Campus.
Sec. 128. Technical Center for Advanced Aerospace.
Sec. 129. Office of NextGen sunset.
Sec. 130. FAA Ombudsman.
Sec. 131. Project dashboards and feedback portal.
Sec. 132. Sense of Congress on FAA engagement during rulemaking
activities.
Sec. 133. Civil Aeromedical Institute.
Sec. 134. Management advisory council.
Sec. 135. Aviation noise officer.
Sec. 136. Chief Operating Officer.
Sec. 137. Report on unfunded capital investment needs of air traffic
control system.
Sec. 138. Chief Technology Officer.
Sec. 139. Definition of air traffic control system.
Sec. 140. Peer review of Office of Whistleblower Protection and
Aviation Safety Investigations.
Sec. 141. Cybersecurity lead.
Sec. 142. Reducing FAA waste, inefficiency, and unnecessary
responsibilities.
TITLE II--GENERAL AVIATION
Subtitle A--Expanding Pilot Privileges and Protections
Sec. 201. Reexamination of pilots or certificate holders.
Sec. 202. GAO review of Pilot's Bill of Rights.
Sec. 203. Expansion of BasicMed.
Sec. 204. Data privacy.
Sec. 205. Prohibition on using ADS-B data to initiate an investigation.
Sec. 206. Prohibition on N-Number profiteering.
Sec. 207. Accountability for aircraft registration numbers.
Sec. 208. Timely resolution of investigations.
Sec. 209. Expansion of volunteer pilot organization definition.
Sec. 210. Charitable flight fuel reimbursement exemptions.
Sec. 211. GAO report on charitable flights.
Sec. 212. All makes and models authorization.
Sec. 213. Response to letter of investigation.
Subtitle B--General Aviation Safety
Sec. 221. ADS-B safety enhancement incentive program.
Sec. 222. GAO report on ADS-B technology.
Sec. 223. Protecting general aviation airports from FAA closure.
Sec. 224. Ensuring safe landings during off-airport operations.
Sec. 225. Airport diagram terminology.
Sec. 226. Alternative ADS-B technologies for use in certain small
aircraft.
Sec. 227. Airshow safety team.
Sec. 228. Tower marking notice of proposed rulemaking.
Subtitle C--Improving FAA Services
Sec. 241. Aircraft registration validity during renewal.
Sec. 242. Temporary airman certificates.
Sec. 243. Flight instruction or testing.
Sec. 244. Letter of deviation authority.
Sec. 245. National coordination and oversight of designated pilot
examiners.
Sec. 246. BasicMed for examiners administering tests or proficiency
checks.
Sec. 247. Designee locator tool improvements.
Sec. 248. Deadline to eliminate aircraft registration backlog.
Sec. 249. Part 135 air carrier certificate backlog.
Sec. 250. Logging flight time accrued in certain public aircraft.
Sec. 251. Flight instructor certificates.
Sec. 252. Consistency of policy application in flight standards and
aircraft certification.
Sec. 253. Application of policies, orders, and guidance.
Sec. 254. Expansion of the regulatory consistency communications board.
Sec. 255. Exemption of fees for air traffic services.
Sec. 256. Modernization of special airworthiness certification
rulemaking deadline.
Sec. 257. Termination of designees.
Sec. 258. Part 135 check airmen reforms.
Subtitle D--Other Provisions
Sec. 261. Required consultation with National Parks Overflights
Advisory Group.
Sec. 262. Supplemental oxygen regulatory reform.
Sec. 263. Exclusion of gyroplanes from fuel system requirements.
Sec. 264. Airshow venue information, awareness, training, and education
program.
Sec. 265. Low altitude rotorcraft and powered-lift operations.
Sec. 266. BasicMed in North America.
Sec. 267. Eliminate aviation gasoline lead emissions.
TITLE III--AEROSPACE WORKFORCE
Subtitle A--Growing the Talent Pool
Sec. 301. Extension of aviation workforce development programs.
Sec. 302. Improving aviation workforce development programs.
Sec. 303. National Center for the Advancement of Aerospace.
Sec. 304. Cooperative Aviation Recruitment, Enrichment, and Employment
Readiness Program.
Sec. 305. Repeal of duplicative or obsolete workforce programs.
Sec. 306. Civil airmen statistics.
Sec. 307. Bessie Coleman Women in Aviation Advisory Committee.
Sec. 308. Establishing a comprehensive web-based aviation resource
center.
Sec. 309. Direct hire authority from UAS Collegiate Training
Initiative.
Subtitle B--Improving Training and Rebuilding Talent Pipelines
Sec. 311. Joint aviation employment training working group.
Sec. 312. Airman knowledge testing working group.
Sec. 313. Airman Certification System Working Group and timely
publication of standards.
Sec. 314. Air traffic control workforce staffing.
Sec. 315. Aviation safety workforce assessment.
Sec. 316. Military aviation maintenance.
Subtitle C--Engaging and Retaining the Workforce
Sec. 321. Airman's medical bill of rights.
Sec. 322. Improved designee misconduct reporting process.
Sec. 323. Report on safe uniform options for certain aviation
employees.
Sec. 324. Extension of Samya Rose Stumo national air grant fellowship
program.
Sec. 325. Promotion of civil aeronautics and safety of air commerce.
Sec. 326. Educational and professional development.
Sec. 327. Human factors professionals.
Sec. 328. Aeromedical innovation and modernization working group.
Sec. 329. Frontline manager workload study.
Sec. 330. Age standards for pilots.
Sec. 331. Medical Portal Modernization Task Group.
TITLE IV--AIRPORT INFRASTRUCTURE
Subtitle A--Airport Improvement Program Modifications
Sec. 401. AIP definitions.
Sec. 402. Revenue diversion penalty enhancement.
Sec. 403. Extension of competitive access report requirement.
Sec. 404. Renewal of certain leases.
Sec. 405. Community use of airport land.
Sec. 406. Price adjustment provisions.
Sec. 407. Allowable project costs and letters of intent.
Sec. 408. Small airport letters of intent.
Sec. 409. Prohibition on use of AIP funds to procure certain passenger
boarding bridges.
Sec. 410. Fuel infrastructure.
Sec. 411. Apportionments.
Sec. 412. PFC turnback reduction.
Sec. 413. Transfer of AIP supplemental funds to formula program.
Sec. 414. Small airport fund.
Sec. 415. Revision of discretionary categories.
Sec. 416. Terminal development.
Sec. 417. State block grant program.
Sec. 418. Innovative financing techniques.
Sec. 419. Long-term management plans.
Sec. 420. Alternative project delivery.
Sec. 421. Nonmovement area surveillance surface display systems pilot
program.
Sec. 422. Repeal of obsolete criminal provisions.
Sec. 423. Limitation on certain rolling stock procurements.
Sec. 424. Regulatory application.
Sec. 425. National priority system formulas.
Sec. 426. Minority and disadvantaged business participation.
Sec. 427. Airport access roads in remote locations.
Sec. 428. Limited regulation of nonfederally sponsored property.
Sec. 429. Motorcoach enplanement pilot program.
Sec. 430. Populous counties without airports.
Sec. 431. Continued availability of aviation gasoline.
Sec. 432. AIP handbook update.
Sec. 433. GAO audit of airport financial reporting program.
Sec. 434. GAO review of nonaeronautical revenue streams at airports.
Sec. 435. Maintaining safe fire and rescue staffing levels.
Sec. 436. GAO study of onsite airport generation.
Sec. 437. Transportation demand management at airports.
Sec. 438. Coastal airports assessment.
Sec. 439. Airport investment partnership program.
Sec. 440. GAO study on per-trip airport fees for TNC consumers.
Sec. 441. Special rule for reclassification of certain unclassified
airports.
Sec. 442. Permanent solar powered taxiway edge lighting systems.
Sec. 443. Secondary runways.
Sec. 444. Increasing the energy efficiency of airports and meeting
current and future energy power demands.
Sec. 445. Electric aircraft infrastructure pilot program.
Sec. 446. Curb management practices.
Sec. 447. Notice of funding opportunity.
Sec. 448. Special carryover assumption rule.
Sec. 449. Runway safety projects.
Subtitle B--Passenger Facility Charges
Sec. 461. PFC application approvals.
Sec. 462. PFC authorization pilot program implementation.
Subtitle C--Noise and Environmental Programs and Streamlining
Sec. 471. Streamlining consultation process.
Sec. 472. Repeal of burdensome emissions credit requirements.
Sec. 473. Expedited environmental review and One Federal Decision.
Sec. 474. Subchapter III definitions.
Sec. 475. Pilot program extension.
Sec. 476. Part 150 noise standards update.
Sec. 477. Reducing community aircraft noise exposure.
Sec. 478. Categorical exclusions.
Sec. 479. Critical habitat on or near airport property.
Sec. 480. Updating presumed to conform limits.
Sec. 481. Recommendations on reducing rotorcraft noise in District of
Columbia.
Sec. 482. UFP study.
Sec. 483. Aviation and airport community engagement.
Sec. 484. Community Collaboration Program.
Sec. 485. Third party study on aviation noise metrics.
Sec. 486. Information sharing requirement.
TITLE V--AVIATION SAFETY
Subtitle A--General Provisions
Sec. 501. Zero tolerance for near misses, runway incursions, and
surface safety risks.
Sec. 502. Global aviation safety.
Sec. 503. Availability of personnel for inspections, site visits, and
training.
Sec. 504. Helicopter air ambulance operations.
Sec. 505. Global aircraft maintenance safety improvements.
Sec. 506. ODA best practice sharing.
Sec. 507. Training of organization delegation authorization unit
members.
Sec. 508. Clarification on safety management system information
disclosure.
Sec. 509. Extension of Aircraft Certification, Safety, and
Accountability Act reporting requirements.
Sec. 510. Don Young Alaska Aviation Safety Initiative.
Sec. 511. Continued oversight of FAA compliance program.
Sec. 512. Scalability of safety management systems.
Sec. 513. Finalize safety management system rulemaking.
Sec. 514. Improvements to aviation safety information analysis and
sharing.
Sec. 515. Improvement of certification processes.
Sec. 516. Instructions for continued airworthiness aviation rulemaking
committee.
Sec. 517. Clarity for supplemental type certificate requirements.
Sec. 518. Use of advanced tools in certifying aerospace products.
Sec. 519. Transport airplane and propulsion certification
modernization.
Sec. 520. Engine fire protection standards.
Sec. 521. Risk model for production facility inspections.
Sec. 522. Secondary cockpit barriers.
Sec. 523. Review of FAA use of aviation safety data.
Sec. 524. Part 135 duty and rest.
Sec. 525. Cockpit voice recorders.
Sec. 526. Flight data recovery from overwater operations.
Sec. 527. Emergency medical equipment on passenger aircraft.
Sec. 528. Navigation aids study.
Sec. 529. Remote towers.
Sec. 530. Weather reporting systems study.
Sec. 531. GAO study on expansion of the FAA weather camera program.
Sec. 532. Audit on aviation safety in era of wireless connectivity.
Sec. 533. Ramp worker safety call to action.
Sec. 534. Safety data analysis for aircraft without transponders.
Sec. 535. Crash-resistant fuel systems in rotorcraft.
Sec. 536. Reducing turbulence on part 121 aircraft operations.
Sec. 537. Study on radiation exposure.
Sec. 538. Deterring crewmember interference.
Sec. 539. Cabin temperature standards.
Sec. 540. Cabin air quality.
Sec. 541. Evacuation standards for transport category airplanes.
Sec. 542. Lithium-ion powered wheelchairs.
Sec. 543. National simulator program policies and guidance.
Sec. 544. GAO study on FAA National Simulator Program.
Sec. 545. GAO study on FAA alignment with best available technologies
and standards.
Sec. 546. Incremental safety improvement.
Sec. 547. Voluntary reporting protections.
Sec. 548. Providing non-Federal weather observer training to airport
personnel.
Subtitle B--Aviation Cybersecurity
Sec. 571. Findings.
Sec. 572. Aerospace product safety.
Sec. 573. Federal Aviation Administration regulations, policy, and
guidance.
Sec. 574. Civil aviation cybersecurity rulemaking committee.
TITLE VI--AEROSPACE INNOVATION
Subtitle A--Unmanned Aircraft Systems
Sec. 601. Definitions.
Sec. 602. Unmanned aircraft system test ranges.
Sec. 603. Unmanned aircraft in the Arctic.
Sec. 604. Public safety use of tethered UAS.
Sec. 605. Special authority for unmanned aircraft systems.
Sec. 606. Recreational operations of drone systems.
Sec. 607. Airport safety and airspace hazard mitigation and
enforcement.
Sec. 608. Applications for designation.
Sec. 609. Beyond visual line of sight rulemaking.
Sec. 610. UAS traffic management.
Sec. 611. Radar data pilot program.
Sec. 612. Electronic conspicuity study.
Sec. 613. Remote identification alternative means of compliance.
Sec. 614. Part 107 waiver improvements.
Sec. 615. Acceptable levels of risk and risk assessment methodology.
Sec. 616. Environmental review.
Sec. 617. Carriage of hazardous materials.
Sec. 618. Unmanned aircraft system use in wildfire response.
Sec. 619. Pilot program for UAS inspections of FAA infrastructure.
Sec. 620. Drone infrastructure inspection grant program.
Sec. 621. Drone education and workforce training grant program.
Sec. 622. Drone workforce training program study.
Sec. 623. UAS Integration Office.
Sec. 624. Termination of Advanced Aviation Advisory Committee.
Sec. 625. Unmanned and Autonomous Flight Advisory Committee.
Sec. 626. NextGen Advisory Committee membership expansion.
Sec. 627. Temporary flight restriction integrity.
Sec. 628. Interagency coordination.
Sec. 629. Review of regulations to enable unescorted UAS operations.
Sec. 630. UAS operations over high seas.
Sec. 631. Beyond BEYOND.
Sec. 632. UAS integration strategy.
Sec. 633. Authorization of appropriations for Know Before You Fly
campaign.
Sec. 634. Public aircraft definition.
Sec. 635. Protection of public gatherings.
Subtitle B--Advanced Air Mobility
Sec. 651. Definition.
Sec. 652. Powered-lift aircraft rulemakings.
Sec. 653. Powered-lift aircraft entry into service.
Sec. 654. Sense of Congress on preparation for entry into service of
powered-lift aircraft.
Sec. 655. Infrastructure supporting vertical flight.
Sec. 656. Charting of aviation infrastructure.
Sec. 657. Advanced air mobility working group.
Sec. 658. Advanced air mobility infrastructure pilot program extension.
Subtitle C--Other Provisions
Sec. 681. Report on national spaceports policy.
Sec. 682. Intermodal transportation infrastructure improvement pilot
program.
Sec. 683. Airspace access for high-speed aircraft.
Sec. 684. ICAO activities on new technologies.
Sec. 685. AIP eligibility for certain spaceport infrastructure.
Sec. 686. Commercial space launch and reentry statistics.
Sec. 687. Report on certain infrastructure needs.
Sec. 688. Airspace integration for space launch and reentry.
TITLE VII--PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A--General Provisions
Sec. 701. Advertisements and solicitations for passenger air
transportation.
Sec. 702. Modernization of consumer complaint submissions.
Sec. 703. Codification of consumer protection provisions.
Sec. 704. Extension of aviation consumer protection advisory committee.
Sec. 705. Removal of outdated references to passengers with
disabilities.
Sec. 706. Extension of aviation consumer advocate reporting
requirement.
Sec. 707. Air Carrier Access Act advisory committee.
Sec. 708. Passenger experience advisory committee.
Sec. 709. Streamlining of offline ticket disclosures.
Sec. 710. Ticket agent refund obligations.
Sec. 711. Updating passenger information requirement regulations.
Sec. 712. Mobility aids on board improve lives and empower all.
Sec. 713. Prioritizing accountability and accessibility for aviation
consumers.
Sec. 714. Aircraft accessibility.
Sec. 715. Accessibility of websites, software applications, and kiosks
for individuals with disabilities.
Sec. 716. Review of methods to report flight delay and cancellation
statistics.
Sec. 717. Reimbursement for incurred costs.
Sec. 718. Airline operational resiliency plans.
Sec. 719. Family seating.
Sec. 720. Seat dimensions.
Sec. 721. Improved training standards for assisting passengers who use
wheelchairs.
Sec. 722. Training standards for stowage of wheelchairs and scooters.
Sec. 723. Investigation of complaints.
Sec. 724. Standards.
Sec. 725. Seating accommodations for qualified individuals with
disabilities.
Sec. 726. Provision of drinking water to passengers.
Sec. 727. GAO report on mass flight cancellation event.
Subtitle B--Air Traffic
Sec. 741. Transfers of air traffic systems acquired with AIP.
Sec. 742. NextGen programs.
Sec. 743. Airspace access.
Sec. 744. Airspace transition completion.
Sec. 745. FAA contract towers.
Sec. 746. FAA contract tower workforce audit.
Sec. 747. Aviation infrastructure sustainment.
Sec. 748. Air traffic control tower safety.
Sec. 749. Air traffic services data reports.
Sec. 750. Consideration of small hub control towers.
Sec. 751. Air traffic control tower replacement process report.
Sec. 752. FAA contract tower pilot program.
Sec. 753. Agreements for State and local operation of airport
facilities.
Subtitle C--Small Community Air Service
Sec. 771. Essential air service reforms.
Sec. 772. Essential air service authorization.
Sec. 773. Small community air service development program reform and
authorization.
Sec. 774. GAO study on increased costs of essential air service.
Sec. 775. Response time for applications to provide essential air
service.
Sec. 776. GAO study on certain airport delays.
Sec. 777. Report on restoration of small community air service.
TITLE VIII--MISCELLANEOUS
Sec. 801. Digitalization of FAA processes.
Sec. 802. FAA telework.
Sec. 803. Review of office space.
Sec. 804. Aircraft weight reduction task force.
Sec. 805. Audit of technical writing resources and capabilities.
Sec. 806. FAA participation in industry standards organizations.
Sec. 807. Sense of Congress on use of voluntary consensus standards.
Sec. 808. Required designation.
Sec. 809. Sensitive security information.
Sec. 810. Preserving open skies while ensuring fair skies.
Sec. 811. Commercial preference.
Sec. 812. Consideration of third-party services.
Sec. 813. Certificates of authorization or waiver.
Sec. 814. Wing-in-ground-effect craft.
Sec. 815. Quasquicentennial of aviation.
Sec. 816. Federal contract tower wage determinations and positions.
Sec. 817. Internal process improvements review.
Sec. 818. Acceptance of digital driver's license and identification
cards.
Sec. 819. Buckeye 940 release of deed restrictions.
Sec. 820. Federal Aviation Administration information technology system
integrity.
Sec. 821. Briefing on radio communications coverage around mountainous
terrain.
Sec. 822. Study on congested airspace.
Sec. 823. Administrative services franchise fund.
Sec. 824. Use of biographical assessments.
Sec. 825. Whistleblower protection enforcement.
Sec. 826. Final rulemaking on certain manufacturing standards.
Sec. 827. Remote dispatch.
Sec. 828. Employee assault prevention and response plans amendment.
Sec. 829. Crew member self-defense training.
Sec. 830. Formal sexual assault and harassment policies on air carriers
and foreign air carriers.
Sec. 831. Interference with security screening personnel.
Sec. 832. Mechanisms to reduce helicopter noise.
Sec. 833. Technical corrections.
Sec. 834. Transportation of organs.
Sec. 835. Report on application approval timing.
Sec. 836. Study on air cargo operations.
Sec. 837. Next generation radio altimeters.
Sec. 838. Sense of Congress regarding safety and security of aviation
infrastructure.
Sec. 839. Restricted category aircraft maintenance and operations.
Sec. 840. Report on telework.
Sec. 841. Crewmember pumping guidance.
Sec. 842. Aircraft interchange agreement limitations.
Sec. 843. Federal Aviation Administration Academy and facility
expansion plan.
Sec. 844. Limitations for certain cargo aircraft.
Sec. 845. Copyright protection for original designs of aircraft floats.
Sec. 846. Delivery of clearance to pilots via internet protocol.
Sec. 847. Report on Indo-Pacific Airports.
Sec. 848. GAO study on the implementation of grants at airports.
Sec. 849. Minority and disadvantaged business participation.
Sec. 850. Structures interfering with air commerce or national
security.
Sec. 851. Effect of airline mergers for consumers.
Sec. 852. Task Force on Human Factors in Aviation Safety.
Sec. 853. Sense of Congress encouraging the FAA to welcome the use of
unmanned aerial vehicles.
Sec. 854. Evaluation of emergency response plans.
Sec. 855. Study on air cargo operations in Puerto Rico.
Sec. 856. Prohibition on operation of aircraft over Russian airspace.
Sec. 857. GAO study on aviation workforce.
Sec. 858. Assessment by Inspector General of the Department of
Transportation of counter-UAS system
operations.
Sec. 859. Briefing on LIT VORTAC project.
Sec. 860. Reimbursement for financial losses due to certain airport
closures.
Sec. 861. Prohibition on certain runway length requirements.
Sec. 862. Study on pilot supply issues.
Sec. 863. GAO study on FAA responsiveness to Congress.
Sec. 864. GAO study on transit access.
Sec. 865. Apprenticeship program for pilots.
Sec. 866. Wildfire suppression.
Sec. 867. Air statistic reports.
Sec. 868. Sense of Congress on FAA engagement and collaboration with
HBCUs and MSIs.
Sec. 869. Report on implementation of recommendations of Federal
Aviation Administration Youth Access to
American Jobs in Aviation Task Force.
Sec. 870. Implementation of dynamic scheduling and management of
certain airspace.
Sec. 871. Prohibition on procurement of foreign-made unmanned aircraft
systems.
Sec. 872. Banning municipal airport.
Sec. 873. Feasibility study of hardening satellites that contribute to
United States aerospace navigation.
Sec. 874. Study and report on effects of unmanned free balloons on
aviation safety.
Sec. 875. Update to FAA order on Airway Planning Standard.
Sec. 876. Surface surveillance.
Sec. 877. Certification and report by Inspector General relating to
radar impacts and offshore wind development
approval process.
TITLE IX--NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2023
Sec. 901. Short title.
Sec. 902. Authorization of appropriations.
Sec. 903. Clarification of treatment of territories.
Sec. 904. Additional workforce training.
Sec. 905. Acquiring mission-essential knowledge and skills.
Sec. 906. Overtime annual report termination.
Sec. 907. Strategic workforce plan.
Sec. 908. Travel budgets.
Sec. 909. Retention of records.
Sec. 910. Nondisclosure of interview recordings.
Sec. 911. Closed unacceptable recommendations.
Sec. 912. Establishment of Office of Oversight, Accountability, and
Quality Assurance.
Sec. 913. Miscellaneous investigative authorities.
Sec. 914. Public availability of accident reports.
Sec. 915. Ensuring accountability for timeliness of reports.
Sec. 916. Ensuring access to data.
Sec. 917. Public availability of safety recommendations.
Sec. 918. Improving delivery of family assistance.
Sec. 919. Updating civil penalty authority.
Sec. 920. Electronic availability of public docket records.
Sec. 921. Drug-free workplace.
Sec. 922. Accessibility in workplace.
Sec. 923. Most Wanted List.
Sec. 924. Technical corrections.
Sec. 925. Air safety investigators.
TITLE X--FREEDOM TO FLY ACT OF 2023
Sec. 1001. Short title.
Sec. 1002. Prohibition on implementation of vaccination mandate.
Sec. 1003. Prohibition on vaccination requirements for FAA contractors.
Sec. 1004. Prohibition on vaccine mandate for FAA employees.
Sec. 1005. Prohibition on vaccine mandate for passengers of air
carriers.
Sec. 1006. Prohibition on implementation of a mask mandate.
Sec. 1007. Prohibition on mask mandates for FAA contractors.
Sec. 1008. Prohibition on mask mandate for FAA employees.
Sec. 1009. Prohibition on mask mandate for passengers of air carriers.
Sec. 1010. Definitions.
TITLE XI--FAA RESEARCH AND DEVELOPMENT
Sec. 1101. Short title.
Sec. 1102. Definitions.
Subtitle A--Authorization of Appropriations
Sec. 1111. Authorization of appropriations.
Subtitle B--FAA Research and Development Organization
Sec. 1121. Report on implementation; funding for safety research and
development.
Subtitle C--FAA Research and Development Activities
Sec. 1131. Aviation fuel research, development, and usage.
Sec. 1132. Continuous lower energy, emission, and noise (CLEEN).
Sec. 1133. Strategy on hydrogen aviation research and development.
Sec. 1134. Report on future electric grid resiliency.
Sec. 1135. Air traffic surveillance over oceans and other remote
locations.
Sec. 1136. Utilization of space-based assets to improve air traffic
control and aviation safety.
Sec. 1137. Aviation weather technology review.
Sec. 1138. Air traffic surface operations safety.
Sec. 1139. Airport and airfield pavement technology research program.
Sec. 1140. Technology review of artificial intelligence and machine
learning technologies.
Sec. 1141. Research plan for commercial supersonic research.
Sec. 1142. Electromagnetic spectrum research and development.
Sec. 1143. Aviation structures, materials, and advanced manufacturing
research and development.
Sec. 1144. Research plan on the remote tower program.
Sec. 1145. Air traffic control training.
Sec. 1146. Report on aviation cybersecurity directives.
Sec. 1147. Rule of construction regarding collaborations.
Sec. 1148. Turbulence research and development.
Sec. 1149. Research, development, and demonstration programs.
Sec. 1150. Limitation.
Sec. 1151. Center of Excellence for Alternative Jet Fuels and
Environment (ASCENT).
Sec. 1152. Study on aeronautical standards.
TITLE XII--AVIATION REVENUE PROVISIONS
Sec. 1201. Airport and airway trust fund expenditure authority.
Sec. 1202. Extension of taxes funding airport and airway trust fund.
Sec. 1203. Designation of certain airports as ports of entry.
TITLE I--AUTHORIZATIONS AND FAA ORGANIZATIONAL REFORM
Subtitle A--Authorizations
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY
PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103(a) of title 49, United States
Code, is amended--
(1) in paragraph (5) by striking ``and'' at the end;
(2) in paragraph (6) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) $4,000,000,000 for fiscal year 2024;
``(8) $4,000,000,000 for fiscal year 2025;
``(9) $4,000,000,000 for fiscal year 2026;
``(10) $4,000,000,000 for fiscal year 2027; and
``(11) $4,000,000,000 for fiscal year 2028.''.
(b) Obligation Authority.--Section 47104(c) of title 49, United
States Code, is amended in the matter preceding paragraph (1) by
striking ``2023'' and inserting ``2028''.
SEC. 102. FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is amended--
(1) by striking paragraphs (1) through (5);
(2) by redesignating paragraph (6) as paragraph (1); and
(3) by adding at the end the following:
``(2) $3,375,000,000 for fiscal year 2024.
``(3) $3,425,000,000 for fiscal year 2025.
``(4) $3,475,000,000 for fiscal year 2026.
``(5) $3,475,000,000 for fiscal year 2027.
``(6) $3,475,000,000 for fiscal year 2028.''.
SEC. 103. OPERATIONS.
(a) In General.--Section 106(k)(1) of title 49, United States Code,
is amended--
(1) by striking subparagraphs (A) through (E);
(2) in subparagraph (F) by striking the period at the end
and inserting a semicolon;
(3) by redesignating subparagraph (F) as subparagraph (A);
and
(4) by adding at the end the following:
``(B) $12,730,000,000 for fiscal year 2024;
``(C) $13,035,000,000 for fiscal year 2025;
``(D) $13,334,000,000 for fiscal year 2026;
``(E) $13,640,000,000 for fiscal year 2027; and
``(F) $13,954,000,000 for fiscal year 2028.''.
(b) Authorized Expenditures.--Section 106(k)(2)(D) of title 49,
United States Code, is amended--
(1) by striking clauses (i) through (v);
(2) by redesignating clause (vi) as clause (i); and
(3) by adding at the end the following:
``(ii) $46,815,000 for fiscal year 2024.
``(iii) $52,985,000 for fiscal year 2025.
``(iv) $59,044,000 for fiscal year 2026.
``(v) $65,225,000 for fiscal year 2027.
``(vi) $71,529,000 for fiscal year 2028.''.
(c) Authority to Transfer Funds.--Section 106(k)(3) of title 49,
United States Code, is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding'';
(2) by striking ``in each of fiscal years 2018 through
2023,''; and
(3) by adding at the end the following:
``(B) Prioritization.--In reducing non-safety-
related activities of the Administration under
subparagraph (A), the Secretary shall prioritize such
reductions from amounts other than amounts authorized
under this subsection, section 48101, or section 48103.
``(C) Sunset.--This paragraph shall cease to be
effective after September 30, 2028.''.
SEC. 104. EXTENSION OF MISCELLANEOUS 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 2023 through 2028''.
(b) Weather Reporting Programs.--Section 48105 of title 49, United
States Code, is amended by adding at the end the following:
``(5) $45,000,000 for each of fiscal years 2024 through
2026.
``(6) $50,000,000 for each of fiscal years 2027 and
2028.''.
(c) Midway Island Airport.--Section 186(d) of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176) is amended
by striking ``for fiscal years 2018 through 2023'' and inserting ``for
fiscal years 2023 through 2028''.
(d) Extension of the Safety Oversight and Certification Advisory
Committee.--Section 202(h) of the FAA Reauthorization Act of 2018
(Public Law 115-254) is amended by striking ``shall terminate'' and all
that follows through the period at the end and inserting ``shall
terminate on October 1, 2028.''.
Subtitle B--FAA Organizational Reform
SEC. 121. FAA LEADERSHIP.
Section 106 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``The Federal'' and
inserting ``In General.--The Federal''; and
(2) by striking subsection (b) and inserting the following:
``(b) Administration Leadership.--
``(1) Administrator.--
``(A) In general.--The head of the Administration
is the Administrator, who shall be appointed by the
President, by and with the advice and consent of the
Senate.
``(B) Qualifications.--The Administrator shall--
``(i) be a citizen of the United States;
``(ii) not be an active duty or retired
member of an Armed Force; and
``(iii) have experience in organizational
management and a field directly related to
aviation.
``(C) Fitness.--In appointing an individual as
Administrator, the President shall consider the fitness
of such individual to carry out efficiently the duties
and powers of the office.
``(D) Term of office.--The Term of office for any
individual appointed as Administrator shall be 5 years.
``(E) Reporting chain.--Except as provided in
subsection (f) or in other provisions of law, the
Administrator reports directly to the Secretary of
Transportation.
``(2) Deputy administrator for programs and management.--
``(A) In general.--The Administration has a Deputy
Administrator for Programs and Management, who shall be
a political appointee of the President.
``(B) Qualifications.--The Deputy Administrator for
Programs and Management shall--
``(i) be a citizen of the United States;
and
``(ii) have experience in management and a
field directly related to aviation.
``(C) Fitness.--In appointing an individual as
Deputy Administrator for Programs and Management, the
President shall consider the fitness of the individual
to carry out efficiently the duties and powers of the
office, including the duty to act for the Administrator
under the circumstances described in subparagraph (F).
``(D) Reporting chain.--The Deputy Administrator
for Programs and Management reports directly to the
Administrator.
``(E) Duties.--The Deputy Administrator for
Programs and Management shall--
``(i) manage the Assistant Administrators
and Chief Counsel established under subsection
(d), except the Assistant Administrator for
Rulemaking and Regulatory Improvement; and
``(ii) carry out duties and powers
prescribed by the Administrator.
``(F) Succession plan.--The Deputy Administrator
for Programs and Management acts for the Administrator
when the Administrator is absent or unable to serve, or
when the office of the Administrator is vacant.
``(G) Compensation.--
``(i) Annual rate of basic pay.--The annual
rate of basic pay of the Deputy Administrator
for Programs and Management shall be set by the
Secretary but shall not exceed the annual rate
of basic pay payable to the Administrator.
``(ii) Exception.--A retired regular
officer of an Armed Force serving as the Deputy
Administrator for Programs and Management is
entitled to hold a rank and grade not lower
than that held when appointed as the Deputy
Administrator for Programs and Management and
may elect to receive--
``(I) the pay provided for the
Deputy Administrator for Programs and
Management under clause (i); or
``(II) the pay and allowances or
the retired pay of the military grade
held.
``(iii) Reimbursement of expenses.--If the
Deputy Administrator for Programs and
Management elects to receive compensation
described in clause (ii)(II), the
Administration shall reimburse the appropriate
military department from funds available for
the expenses of the Administration.
``(3) Deputy administrator for safety and operations.--
``(A) In general.--The Administration has a Deputy
Administrator for Safety and Operations, who--
``(i) shall be appointed by the
Administrator; and
``(ii) shall not be a political appointee.
``(B) Qualifications.--The Deputy Administrator for
Safety and Operations shall--
``(i) be a citizen of the United States;
and
``(ii) have experience in organizational
management and a field directly related to
aviation.
``(C) Fitness.--In appointing an individual as
Deputy Administrator for Safety and Operations, the
Administrator shall consider the fitness of the
individual to carry out efficiently the duties and
powers of the office, including the duty to act for the
Administrator under the circumstances described in
subparagraph (F).
``(D) Reporting chain.--The Deputy Administrator
for Safety and Operations reports to the Administrator.
``(E) Duties.--The Deputy Administrator for Safety
and Operations shall--
``(i) manage the Associate Administrators
and Chief Operating Officer established under
subsection (c) and the Assistant Administrator
for Rulemaking and Regulatory Improvement
established under subsection (d);
``(ii) develop and maintain a long-term
strategic plan of the Administration;
``(iii) coordinate the safe integration of
new entrants and technologies into the national
airspace system; and
``(iv) carry out other duties and powers
prescribed by the Administrator.
``(F) Succession plan.--The Deputy Administrator
for Safety and Operations acts for the Administrator
when the Administrator and the Deputy Administrator for
Programs and Management are absent or unable to serve,
or when the office of the Administrator and the Office
of the Deputy Administrator for Programs and Management
are vacant.
``(G) Compensation.--The annual rate of basic pay
of the Deputy Administrator for Safety and Operations
shall be set by the Administrator but shall not exceed
the annual rate of basic pay payable to the
Administrator.
``(4) Leadership of the administration defined.--In this
section, the term `leadership of the Administration' means--
``(A) the Administrator under paragraph (1);
``(B) the Deputy Administrator for Programs and
Management under paragraph (2); and
``(C) the Deputy Administrator for Safety and
Operations under paragraph (3).''.
SEC. 122. FAA MANAGEMENT BOARD.
(a) FAA Management Board.--Section 106 of title 49, United States
Code, is amended by striking subsections (c) and (d) and inserting the
following:
``(c) Associate Administrators.--
``(1) In general.--The Administration has Associate
Administrators, as determined necessary by the Administrator,
including--
``(A) appointed by the Administrator, an Associate
Administrator for Aviation Safety, an Associate
Administrator for Security and Hazardous Materials
Safety, a Chief Operating Officer of the Air Traffic
Control System;
``(B) appointed by the President, an Associate
Administrator for Airports; and
``(C) when authority under chapter 509 of title 51
is explicitly delegated by the Secretary of
Transportation to the Administrator, an Associate
Administrator for Commercial Space Transportation who
shall be appointed by the Administrator.
``(2) Qualifications.--Associate Administrators shall be
citizens of the United States.
``(3) Duties.--The Associate Administrators shall carry out
duties and powers of their office described in this section and
those prescribed by the Administrator.
``(d) Chief Counsel; Assistant Administrators.--
``(1) In general.--The Administration has Assistant
Administrators and a Chief Counsel.
``(A) Chief counsel.--The Chief Counsel shall be
appointed by the President and shall--
``(i) advise the Administrator on legal
matters relating to the responsibilities,
functions, and management of the
Administration;
``(ii) at the request of the Administrator,
provide guidance, counsel, and advice
regarding, but shall not have final decision-
making authority with regards to, the
activities of the Administrator, including--
``(I) rulemaking activities;
``(II) policy and guidance document
production;
``(III) exemption and waiver
decisions; and
``(IV) certification and approval
determinations;
``(iii) represent the Administration before
the National Transportation Safety Board,
Department of Transportation law judges, the
Equal Employment Opportunity Commission,
Federal courts of the United States, and other
bodies and courts, as appropriate;
``(iv) pursue enforcement actions on behalf
of the Administrator; and
``(v) perform other functions as determined
by the Administrator.
``(B) Assistant administrator for rulemaking and
regulatory improvement.--The Assistant Administrator
for Rulemaking and Regulatory Improvement shall be
appointed by the Administrator and shall--
``(i) be responsible for developing and
managing the execution of a regulatory agenda
for the Administration that meets statutory and
Administration deadlines, including by--
``(I) prioritizing rulemaking
projects that are necessary to improve
safety;
``(II) establishing the regulatory
agenda of the Administration; and
``(III) coordinating with offices
of the Administration, the Department,
and other Federal entities as
appropriate to improve timely feedback
generation and approvals when required
by law;
``(ii) not delegate overall responsibility
for meeting internal timelines and final
completion of the regulatory activities of the
Administration outside the Office of the
Assistant Administrator for Rulemaking and
Regulatory Improvement;
``(iii) on an ongoing basis--
``(I) review the Administration's
regulations in effect to improve
safety;
``(II) reduce undue regulatory
burden;
``(III) replace prescriptive
regulations with performance-based
regulations, as appropriate;
``(IV) prevent duplicative
regulations; and
``(V) increase regulatory clarity
and transparency whenever possible;
``(iv) make recommendations for the
Administrator's review under subsection
(f)(3)(C)(ii);
``(v) receive, coordinate, and respond to
petitions for rulemaking and for exemption as
provided for in subpart A of part 11 of title
14, Code of Federal Regulations, and provide an
initial response to a petitioner not later than
30 days after the receipt of such a petition--
``(I) acknowledging receipt of such
petition;
``(II) confirming completeness of
such petition;
``(III) providing an initial
indication of the complexity of the
request and how such complexity may
impact the timeline for adjudication;
and
``(IV) requesting any additional
information, as appropriate, that would
assist in the consideration of the
petition;
``(vi) track the issuance of exemptions and
waivers by the Administration to sections of
title 14, Code of Federal Regulations, and
establish a methodology by which to determine
if it would be more efficient and in the
public's interest to amend a rule to reduce the
future need of waivers and exemptions; and
``(vii) promulgate regulatory updates as
determined more efficient or in the public's
best interest under clause (vi).
``(C) Appointment.--Additional Assistant
Administrators, as determined necessary by the
Administrator, may be appointed by the Administrator.
``(2) Qualifications.--The Assistant Administrators shall
be a citizen of the United States.
``(3) Duties.--The Assistant Administrators shall carry out
duties and powers of their office described in this section and
those prescribed by the Administrator.
``(4) Management board of the administration.--In this
section, the term `Management Board of the Administration'
means--
``(A) the Associate Administrators and Chief
Operating Officer established under subsection (c); and
``(B) the Assistant Administrators and Chief
Counsel established under subsection (d).''.
(b) Systemically Addressing Need for Exemptions and Waivers.--Not
later than 30 months after the date of enactment of this Act, the
Assistant Administrator for Rulemaking and Regulatory Improvement shall
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 methodology developed pursuant to
section 106(d)(B)(vi) of title 49, United States Code (as added by this
section).
SEC. 123. PROHIBITION ON CONFLICTING PECUNIARY INTERESTS.
Section 106(e) of title 49, United States Code, is amended to read
as follows:
``(e) Prohibition on Conflicting Pecuniary Interests.--
``(1) In general.--The leadership of the Administration and
the Management Board of the Administration may not have a
pecuniary interest in, or hold a financial interest in, an
aeronautical enterprise, or engage in another business,
vocation, or employment.
``(2) Teaching.--Notwithstanding paragraph (1), the Deputy
Administrators and the Management Board of the Administration
may not receive compensation for teaching without prior
approval of the Administrator.
``(3) Financial interest defined.--In this subsection, the
term `financial interest'--
``(A) means--
``(i) any current or contingent ownership,
equity, or security interest;
``(ii) any indebtedness or compensated
employment relationship; or
``(iii) any right to purchase or acquire
any such interest, including a stock option;
and
``(B) does not include securities held in an index
fund.''.
SEC. 124. AUTHORITY OF SECRETARY AND ADMINISTRATOR.
(a) In General.--Section 106(f) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)'';
(B) by striking ``Neither'' and inserting ``In
exercising duties, powers, and authorities that are
assigned to the Secretary or the Administrator under
this title, neither''; and
(C) by striking ``a committee, board, or
organization established by executive order.'' and
inserting the following: ``a committee, board, council,
or organization that is--
``(A) established by executive order; or
``(B) not explicitly directed by legislation to
review the exercise of such duties, powers, and
authorities by the Secretary or the Administrator.'';
(2) in paragraph (2)--
(A) in subparagraph (A)(ii) by striking ``the
acquisition'' and all that follows through the
semicolon and inserting ``the acquisition,
establishment, improvement, operation, maintenance,
security (including cybersecurity), and disposal of
property, facilities, services, and equipment of the
Administration, including all elements of the air
traffic control system owned by the Administration;'';
(B) in subparagraph (A)(iii) by striking
``paragraph (3)'' and inserting ``paragraph (4)'';
(C) in subparagraph (B) by inserting ``civil
aviation, any matter for which the Administrator is the
final authority under subparagraph (A), any duty
carried out by the Administrator pursuant to paragraph
(3), or the provisions of this title, or'' after ``with
respect to''; and
(D) in subparagraph (D)--
(i) by inserting ``(formally or
informally)'' after ``required''; and
(ii) by inserting ``or any other Federal
agency'' after ``Department of
Transportation'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``In the performance'' and
inserting the following:
``(i) Issuance of regulations.--In the
performance'';
(ii) by striking ``The Administrator shall
act'' and inserting the following:
``(ii) Petitions for rulemaking.--The
Administrator shall act'';
(iii) by striking ``The Administrator shall
issue'' and inserting the following:
``(iii) Rulemaking timeline.--The
Administrator shall issue''; and
(iv) by striking ``On February 1'' and
inserting the following:
``(iv) Reporting requirement.--On February
1''; and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) Approval of secretary of transportation.--
``(i) In general.--The Administrator may
not issue, unless the Secretary of
Transportation approves the issuance of the
regulation in advance, a proposed regulation or
final regulation that--
``(I) is likely to result in the
expenditure by State, local, and Tribal
governments in the aggregate, or by the
private sector, of $250,000,000 or more
(adjusted annually for inflation
beginning with the year following the
date of enactment of the Securing
Growth and Robust Leadership in
American Aviation Act) in any year; or
``(II) is significant.
``(ii) Significant defined.--For purposes
of this paragraph, a regulation is significant
if the Administrator, in consultation with the
Secretary (as appropriate), determines that the
regulation--
``(I) will have an annual effect on
the economy of $250,000,000 or more
(adjusted annually for inflation
beginning with the year following the
date of enactment of the Securing
Growth and Robust Leadership in
American Aviation Act);
``(II) raises novel or serious
legal or policy issues that will
substantially and materially affect
other transportation modes; or
``(III) adversely affect, in a
substantial and material way, the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety,
or a State, local, or Tribal government
or communities.
``(iii) Emergency regulation.--In an
emergency, the Administrator may issue a final
regulation described in clause (i) without
prior approval of the Secretary. If the
Secretary objects to such regulation in writing
within 5 days (excluding Saturday, Sundays, and
legal public holidays) of the issuance, the
Administrator shall immediately rescind such
regulation.
``(iv) Other regulations.--The Secretary
may not require that the Administrator submit a
proposed or final regulation to the Secretary
for approval, nor may the Administrator submit
a proposed or final regulation to the Secretary
for approval, if the regulation--
``(I) does not require the
Secretary's approval under clause (i)
(excluding a regulation issued pursuant
to clause (iii)); or
``(II) is a routine or frequent
action or a procedural action.
``(v) Timeline.--The Administrator shall
submit a copy of any proposed or final
regulation requiring approval by the Secretary
under clause (i) to the Secretary, who shall
either approve the regulation or return the
regulation to the Administrator with comments
within 30 days after receiving the regulation.
If the Secretary fails to approve or return the
regulation with comments to the Administrator
within 30 days, the regulation shall be deemed
to have been approved by the Secretary.
``(C) Periodic review.--
``(i) In general.--In addition to the
review requirements established under section
5.13(d) of title 49, Code of Federal
Regulations, the Administrator shall review any
significant regulation issued 3 years after the
effective date of the regulation.
``(ii) Discretional review.--The
Administrator may review any regulation that
has been in effect for more than 3 years.
``(iii) Substance of review.--In performing
a review under clause (i) or (ii), the
Administrator shall determine if--
``(I) the cost assumptions were
accurate;
``(II) the intended benefit of the
regulation is being realized;
``(III) the need remains to
continue such regulation as in effect;
and
``(IV) the Administrator recommends
updates to such regulation based on the
review criteria specified in section
5.13(d) of title 49, Code of Federal
Regulations.
``(iv) Review management.--Any periodic
review of a regulation under this subparagraph
shall be managed by the Assistant Administrator
for Rulemaking and Regulatory Improvement, who
may task an advisory committee or the
Management Advisory Council established under
subsection (p) to assist in performing the
review.'';
(4) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(5) by inserting after paragraph (2) the following:
``(3) Duties and powers of the administrator.--
``(A) In general.--The Administrator shall carry
out--
``(i) the duties and powers of the
Secretary under this subsection related to
aviation safety (except those related to
transportation, packaging, marking, or
description of hazardous material) and stated
in--
``(I) subsections (c) and (d) of
section 1132;
``(II) sections 40101(c), 40103(b),
40106(a), 40108, 40109(b), 40113(a),
40113(c), 40113(d), 40113(e), 40114(a),
and 40117;
``(III) chapter 443;
``(IV) chapter 445, except sections
44502(a)(3), 44503, and 44509;
``(V) chapter 447, except sections
44721(b), and 44723;
``(VI) chapter 448;
``(VII) chapter 451;
``(VIII) chapter 453;
``(IX) section 46104;
``(X) subsections (d) and (h)(2) of
section 46301, section 46303(c),
sections 46304 through 46308, section
46310, section 46311, and sections
46313 through 46320;
``(XI) chapter 465;
``(XII) chapter 471;
``(XIII) chapter 475; and
``(XIV) chapter 509 of title 51;
and
``(ii) such additional duties and powers as
may be prescribed by the Secretary.
``(B) Applicability.--Section 40101(d) applies to
the duties and powers specified in subparagraph (A).
``(C) Transfer.--Any of the duties and powers
specified in subparagraph (A) may only be transferred
to another part of the Department if specifically
provided by law or in a reorganization plan submitted
under chapter 9 of title 5.
``(D) Administrative finality.--A decision of the
Administrator in carrying out the duties or powers
specified in subparagraph (A) is administratively
final.''.
(b) Conforming Amendment.--Subsection (h) of section 106 of title
49, United States Code, is repealed.
(c) Preservation of Existing Authority.--Nothing in this section or
the amendments made by this section shall be construed to restrict any
authority vested in the Administrator of the Federal Aviation
Administration by statute or by delegation that was in effect on the
day before the date of the enactment of this Act.
SEC. 125. REVIEW OF FAA RULEMAKING PROCESSES.
(a) In General.--Not later than 30 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall enter into appropriate arrangements with the
National Academy of Public Administration to evaluate and make
recommendations to improve the Administration's rulemaking processes.
(b) Content of Review.--In completing the evaluation under
subsection (a), the National Academy of Public Administration shall--
(1) review Administration and Department of Transportation
policies and procedures for drafting, coordinating, reviewing,
editing, and approving rulemaking documents;
(2) review part 11 of title 14, Code of Federal
Regulations, and section 106 of title 49, United States Code--
(A) as such section was in effect the day before
the date of enactment of this Act; and
(B) as amended by this Act; and
(3) include in the review--
(A) advanced notices of proposed rulemakings;
(B) notices of proposed rulemakings;
(C) supplemental proposed rulemakings;
(D) interim final rules; and
(E) final rules, including direct final rules.
(c) Method of Review.--As part of the evaluation under this
section, the National Academy of Public Administration shall analyze
the scoping, drafting, analysis, and approval processes, including
examining incidents in which a rule was referred back to a program
office for revision, and the timeline associated with each review and
step for--
(1) at least 7 rules completed by the Administration since
2012, including--
(A) at least 2 rules that leveraged the work of an
aviation rulemaking committee;
(B) at least 2 rules considered significant as
defined in section 106(f)(3)(B)(ii) (as amended by this
Act); and
(C) at least 1 rule promulgated through rules
considered routine and frequent in the Department's
Regulatory Agenda; and
(2) at least 2 rulemaking processes where a notice of
proposed rulemaking has not been followed by a final rule for
more than 3 years.
(d) Report.--The National Academy of Public Administration shall
provide to the Administrator, Secretary of Transportation, the
Committee on Transportation and Infrastructure and the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of the evaluation required under
subsection (a). The contents of the report shall--
(1) identify procedural or resource constraints;
(2) identify inefficiencies in the process, including any
causes of delays;
(3) provide recommendations for expediting rulemakings,
including--
(A) ways to improve the efficiency of the scoping
process for rulemaking;
(B) the use of new routine and frequent rulemakings
to allow for the expediting of activities that may be
routinely needed or updated;
(C) the use of rules of applicability to provide
for the expediting of activities that may be routinely
needed or updated;
(D) the use of frameworks or shell rules to improve
the efficiency of drafting;
(E) the use of aviation rulemaking committees; and
(F) internal process improvements; and
(4) not review the policy merits of the reviewed
rulemakings, except to the extent that there are conclusions
that can be drawn from the processes used to develop such
rules.
(e) Access to Documents.--The Administration and Department shall
provide the National Academy of Public Administration access, as
appropriate, to--
(1) the electronic management software the Administration
uses to track internal processing of draft documents;
(2) appropriately redacted communications between offices
and personnel that were used to coordinate work outside of the
electronic software; and
(3) such other documents and records, including
predecisional documents and records, that will assist the
National Academy of Public Administration in completing the
evaluation required under subsection (a).
SEC. 126. OFFICE OF INNOVATION.
Section 106 of title 49, United States Code, is further amended by
striking subsection (g) and inserting the following:
``(g) Office of Innovation.--
``(1) In general.--There is established within the Federal
Aviation Administration an Office of Innovation (in this
subsection referred to as the `Office') comprised of employees
of the Administration who shall--
``(A) have a diverse set of expertise;
``(B) assist the leadership of the Administration
and the Management Board of the Administration with--
``(i) scoping complex regulatory issues and
drafting documents on topics that span multiple
offices or lines of business of the
Administration;
``(ii) evaluating internal processes; and
``(iii) positioning the Administration to
support aerospace innovation; and
``(C) receive taskings from the leadership of the
Administration and the Management Board of the
Administration, as determined necessary by such
individuals, and work collaboratively with relevant
program offices of the Administration, as necessary, to
respond to such taskings.
``(2) Appointment of members.--
``(A) Appointments.--The Administrator shall
appoint a maximum of 15 employees to serve a 2-year
term as a member of the Office of Innovation with at
least 1 employee appointed from each of the following:
``(i) Office of Aviation Safety.
``(ii) The Air Traffic Organization.
``(iii) Office of Airports.
``(iv) Office of Security and Hazardous
Materials Safety.
``(v) When authority under chapter 509 of
title 51 is explicitly delegated by the
Secretary of Transportation to the
Administrator, the Office of Commercial Space
Transportation.
``(vi) Office of the Chief Counsel.
``(vii) Office of Policy, International
Affairs, and Environment.
``(B) Consultation.--The Office may consult, as
necessary, with other personnel of the Administration.
``(3) Selection of members.--An employee appointed under
paragraph (2)--
``(A) may be appointed from nominations made by
Associate Administrators, Assistant Administrators, and
the Chief Counsel of the Administration;
``(B) shall not be a senior executive of the
Administration;
``(C) shall have been an employee of the
Administration for at least 2 years; and
``(D) shall have expertise in the authorities and
duties of the respective office of the employee.
``(4) Innovation office lead.--The Administrator shall
appoint a lead of the Office who shall report to the leadership
of the Administration and who--
``(A) may have a set term, as determined by the
Administrator;
``(B) shall manage the personnel and activities of
such Office; and
``(C) may be a detailed employee of any office of
the Administration, notwithstanding the numerical
limits placed on appointments in paragraph (2)(A).
``(5) Status.--An appointment of an employee to the Office
established under this subsection shall not impact the status
or position of such employee in the respective office of such
employee and such employee shall be considered a detailed
employee to the Office of Innovation.
``(6) Resources.--The Administrator shall provide resources
and staff, as necessary, to the Office to support the
activities of the Office described in paragraph (1), not to
exceed more than 6 full-time equivalent positions, including
any necessary project managers.''.
SEC. 127. FRANK A. LOBIONDO NATIONAL AEROSPACE SAFETY AND SECURITY
CAMPUS.
(a) In General.--The campus and grounds of the Federal Aviation
Administration Technical Center located at the Atlantic City
International Airport in Egg Harbor Township, New Jersey, shall be
known and designated as the ``Frank A. LoBiondo National Aerospace
Safety and Security Campus''.
(b) Reference.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the campus and grounds
at the Federal Aviation Administration Technical Center referred to in
subsection (a) shall be deemed to be a reference to the ``Frank A.
LoBiondo National Aerospace Safety and Security Campus''.
SEC. 128. TECHNICAL CENTER FOR ADVANCED AEROSPACE.
(a) In General.--Section 106 of title 49, United States Code, is
further amended by inserting after subsection (g) (as added by section
126) the following:
``(h) Technical Center for Advanced Aerospace.--
``(1) In general.--There is established within the
Administration a technology center located at the Frank A.
LoBiondo National Aerospace Safety and Security Campus to
support the advancement of aerospace safety and innovation
which shall be known as the `William J. Hughes Technical Center
for Advanced Aerospace' (in this subsection referred to as the
`Technical Center') that shall be used by the Administrator
and, as permitted by the Administrator, other governmental
entities, academia, and the aerospace industry.
``(2) Management.--The activities of the Technical Center
shall be managed by a Director.
``(3) Activities.--The activities of the Technical Center
shall include--
``(A) developing and stimulating technology
partnerships with and between industry, academia, and
other government agencies and supporting such
partnerships by--
``(i) liaising between external persons and
offices of the Administration interested in
such work;
``(ii) providing technical expertise and
input, as appropriate; and
``(iii) providing access to the properties,
facilities, and systems of the Technical Center
through appropriate agreements;
``(B) managing technology demonstration grants
awarded by the Administrator;
``(C) identifying software, systems, services, and
technologies that could improve aviation safety and the
operations and management of the air traffic control
system and working with relevant offices of the
Administration to consider the use and integration of
such software, systems, services, and technologies, as
appropriate;
``(D) supporting the work of any collocated
facilities and tenants of such facilities, and to the
extent feasible, enter into agreements as necessary to
utilize the facilities, systems, and technologies of
such collocated facilities and tenants;
``(E) managing the facilities of the Technical
Center and the Frank A. LoBiondo National Aerospace
Safety and Security Campus; and
``(F) carrying out any other duties as determined
appropriate by the Administrator.''.
(b) Conforming Amendment.--Section 44507 of title 49, United States
Code, is amended--
(1) by striking ``(a) Civil Aeromedical Institute'' and all
that follows through ``The Civil Aeromedical Institute
established'' and inserting ``The Civil Aeromedical Institute
established''; and
(2) by striking subsection (b).
SEC. 129. OFFICE OF NEXTGEN SUNSET.
(a) In General.--Not later than 30 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall terminate the Office of NextGen.
(b) Closure Process.--In carrying out subsection (a), the
Administrator shall transfer duties, authorities, activities,
personnel, and assets managed by the Office of NextGen to other
officials of the Administration, as appropriate, including--
(1) transferring such duties, authorities, activities,
personnel, and assets to--
(A) the Director of the William J. Hughes Technical
Center for Advanced Aerospace established under
subsection 106(h) of title 49, United States Code;
(B) the Assistant Administrator for Finance and
Management;
(C) the Chief Operating Officer of the Air Traffic
Control System; and
(D) other officials of the Administration, as
determined by the Administrator; and
(2) transferring management of the NextGen Advisory
Committee to the Chief Operating Officer of the Air Traffic
Control System.
SEC. 130. FAA OMBUDSMAN.
Section 106 of title 49, United States Code, is further amended by
striking subsection (i) and inserting the following:
``(i) FAA Ombudsman.--
``(1) Establishment.--There is established within the
Federal Aviation Administration an Ombudsman who shall
coordinate or facilitate the adjudication of covered
submissions.
``(2) Ombudsman.--
``(A) In general.--The Ombudsman shall be appointed
by the Administrator and report to the Assistant
Administrator for Government and Industry Affairs.
``(B) Term.--The Ombudsman shall be appointed for a
term of 5 years.
``(3) Duties.--The duties of the Ombudsman shall be as
follows:
``(A) Work with the relevant offices within the
Administration to--
``(i) with respect to a covered submission,
resolve, provide a status update, or provide
clarity on the status of such submissions;
``(ii) bring to the attention of the
relevant office of the Administration concerns,
as necessary, regarding Administration
processes or considerations discovered while
coordinating an activity related to a covered
submission under this subsection; and
``(iii) address any gaps and communication
lapses in Administration coordination
processes.
``(B) Determine if, based on a coordinated activity
carried out under this subsection, reconsideration with
respect to covered submissions or administrative
actions are necessary and report to the Administrator
or the relevant office within the Administration with
recommendations relating to such reconsideration.
``(C) Determine if trends materialize that could
warrant process, procedural, or resource changes and
report recommendations regarding such changes to the
Administrator and relevant offices within the
Administration.
``(D) Ensure that reporting, processing, or dispute
resolution mechanisms within the Administration are
transparent and accessible to the public, and
facilitate the use of such reporting, processing, or
dispute resolution mechanisms, when appropriate.
``(E) Perform other duties as prescribed by the
Assistant Administrator.
``(4) Discretion on coordination and review.--
``(A) In general.--The Ombudsman shall determine
whether to coordinate a review of a covered submission
in order to provide a response, coordinate the
reconsideration of an administrative action, or take no
additional action. In making a determination under this
subparagraph, the Ombudsman shall consider--
``(i) whether there are reporting,
processing, or dispute resolution mechanisms
that have not been exhausted or that may be
more appropriate for dealing with,
investigating, and responding to such covered
submission;
``(ii) whether the subject or outcome of a
covered submission is alleged to be--
``(I) contrary to law or
regulation;
``(II) arbitrary and capricious; or
``(III) performed in an
unreasonably inefficient or untimely
manner; and
``(iii) such other factors as the Ombudsman
considers appropriate.
``(B) Exception.--With regard to a covered
submission concerning an activity relating to an
alleged violation of an order, a regulation, or any
other provision of Federal law by the Administration or
whistleblower retaliation, the Ombudsman shall refer
such covered submission to the appropriate Federal
entity to adjudicate or investigate the subject of such
submission.
``(C) Cooperation.--The Administrator shall ensure
that the officers and employees of the Administration
fully cooperate with the activities of the Ombudsman
and provide such information, documents, or materials
as may be requested by the Ombudsman.
``(5) Response requirement.--The Ombudsman shall ensure
that the Administration provides an initial response to or
status update on covered submissions within 10 business days of
the Ombudsman receiving such submission.
``(6) Definitions.--In this subsection:
``(A) Administrative action.--The term
`administrative action' means--
``(i) an action taken by the Administrator
of the Federal Aviation Administration to
issue, deny, modify, or revoke a certificate,
registration, approval, waiver, license,
exemption, determination, interpretation, or
any other authorizing action; or
``(ii) the lack of any action (or activity
related to an action) described in clause (i)
necessary to be taken by the Administrator.
``(B) Covered submission.--The term `covered
submission' means an inquiry or objection relating to--
``(i) an aircraft, aircraft engine,
propeller, or appliance certification;
``(ii) an airman or pilot certificate,
including scheduling an associated appointment
with Administration personnel or designees;
``(iii) a medical certificate;
``(iv) an operator certificate;
``(v) when authority under chapter 509 of
title 51 is explicitly delegated by the
Secretary of Transportation to the
Administrator, a license or permit issued under
chapter 509 of title 51;
``(vi) an aircraft registration;
``(vii) an operational approval, waiver, or
exemption;
``(viii) a legal interpretation;
``(ix) an outstanding determination;
``(x) an application of agency guidance;
and
``(xi) any certificate not otherwise
described in this subparagraph that is issued
pursuant to chapter 447.''.
SEC. 131. PROJECT DASHBOARDS AND FEEDBACK PORTAL.
(a) In General.--The Ombudsman of the Federal Aviation
Administration shall, in reviewing Administration processes, receiving,
reviewing, and responding to covered submissions, and through general
due diligence, determine whether a publicly facing dashboard that
provides applicants with the status of an application before the agency
would be--
(1) beneficial to applicants;
(2) an efficient use of resources to build, maintain, and
update; or
(3) duplicative with other efforts within the
Administration to streamline and digitize paperwork and
certification processes to provide an applicant with a greater
awareness of the status of an application before the
Administration.
(b) Recommendation.--Not later than 30 months after the date of
enactment of this Act, the Ombudsman shall provide a recommendation to
the Administrator of the Federal Aviation Administration regarding the
need or benefits of a dashboard or other means by which to track an
application status.
(c) Briefing.--Not later than 45 days after receiving
recommendations under subsection (b), the Administrator shall brief the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on--
(1) any recommendation received from the Ombudsman; and
(2) any activities the Administrator is taking in response
to such recommendation.
(d) FAA Feedback Portal.--
(1) In general.--The Ombudsman shall, through interacting
with the public and general due diligence, determine whether a
publicly facing portal on the website through which the public
may provide feedback to the Administrator about experiences
they have working with personnel of the Administration would be
beneficial.
(2) Requirements.--The Ombudsman shall ensure any portal
established under this subsection asks questions that seek to
gauge any shortcomings the Administration has in fulfilling its
mission or areas where the Administration is succeeding in
meetings its mission.
(e) Covered Submission.--In this section, the term ``covered
submission'' has the meaning given the term in subsection 106(i) of
title 49, United States Code.
SEC. 132. SENSE OF CONGRESS ON FAA ENGAGEMENT DURING RULEMAKING
ACTIVITIES.
It is the sense of Congress that--
(1) the Administrator of the Federal Aviation
Administration should engage with aviation stakeholder groups
and the public during pre-drafting stages of rulemaking
activities and use, to the greatest extent practicable,
properly docketed ex-parte discussions during rulemaking
activities in order to--
(A) inform the work of the Administrator;
(B) assist the Administrator in developing the
scope of a rule; and
(C) reduce the timeline for issuance of proposed
and final rules; and
(2) when it would reduce the time required for the
Administrator to adjudicate public comments, the Administrator
should publicly provide information describing the rationale
behind a regulatory decision included in proposed regulations
in order to better allow for the public to provide clear and
informed comments on such regulations.
SEC. 133. CIVIL AEROMEDICAL INSTITUTE.
Section 106(j) of title 49, United States Code, is amended by
striking ``There is'' and inserting ``Civil Aeromedical Institute.--
There is''.
SEC. 134. MANAGEMENT ADVISORY COUNCIL.
Section 106 of title 49, United States Code, is further amended--
(1) by transferring paragraph (8) of subsection (p) to
subsection (r) and redesignating such paragraph as paragraph
(7); and
(2) by striking subsection (p) and inserting the following:
``(p) Management Advisory Council.--
``(1) Establishment.--The Administrator shall establish an
advisory council which shall be known as the Federal Aerospace
Management Advisory Council (in this subsection referred to as
the `Council').
``(2) Membership.--The Council shall consist of 13 members,
who shall consist of--
``(A) a designee of the Secretary of
Transportation;
``(B) a designee of the Secretary of Defense;
``(C) 5 members representing aerospace and
technology interests, appointed by the Administrator;
``(D) 5 members representing aerospace and
technology interests, appointed by the Secretary of
Transportation; and
``(E) 1 member, appointed by the Secretary of
Transportation, who is the head of a union representing
air traffic control system employees.
``(3) Qualifications.--No officer or employee of the United
States Government may be appointed to the Council under
subparagraph (C) or (D) of paragraph (2).
``(4) Functions.--
``(A) In general.--
``(i) Advise; counsel.--The Council shall
provide advice and counsel to the Administrator
on issues which affect or are affected by the
activities of the Administrator.
``(ii) Resource.--The Council shall
function as an oversight resource for
management, policy, spending, and regulatory
matters under the jurisdiction of the
Administrator.
``(iii) Submissions to administration.--
With respect to Administration management,
policy, spending, funding, data management and
analysis, safety initiatives, international
agreements, activities of the International
Civil Aviation Organization, and regulatory
matters affecting the aerospace industry and
the national airspace system, the Council may--
``(I) regardless of whether
solicited by the Administrator, submit
comments, recommended modifications,
proposals, and supporting or dissenting
views to the Administrator; and
``(II) request the Administrator
include in any submission to Congress,
the Secretary, or the general public,
and in any submission for publication
in the Federal Register, a description
of the comments, recommended
modifications, and dissenting or
supporting views received from the
Council under subclause (I).
``(iv) Reasoning.--Together with a Council
submission that is published or described under
clause (iii)(II), the Administrator shall
provide the reasons for any differences between
the views of the Council and the views or
actions of the Administrator.
``(v) Cost-benefit analysis.--The Council
shall review the rulemaking cost-benefit
analysis process and develop recommendations to
improve the analysis and ensure that the public
interest is fully protected.
``(vi) Process review.--The Council shall
review the process through which the
Administration determines to use advisory
circulars, service bulletins, and other
externally facing guidance and regulatory
material.
``(B) Meetings.--The Council shall meet on a
regular and periodic basis or at the call of the chair
or of the Administrator.
``(C) Access to documents and staff.--The
Administration may give the Council appropriate access
to relevant documents and personnel of the
Administration, and the Administrator shall make
available, consistent with the authority to withhold
commercial and other proprietary information under
section 552 of title 5 (commonly known as the `Freedom
of Information Act'), cost data associated with the
acquisition and operation of air traffic service
systems.
``(D) Disclosure of commercial or proprietary
data.--Any member of the Council who receives
commercial or other proprietary data as provided for in
this paragraph from the Administrator shall be subject
to the provisions of section 1905 of title 18,
pertaining to unauthorized disclosure of such
information.
``(5) Application of chapter 10 of title 5.--Chapter 10 of
title 5 does not apply to--
``(A) the Council;
``(B) such aviation rulemaking committees as the
Administrator shall designate; or
``(C) such aerospace rulemaking committees as the
Secretary shall designate.
``(6) Administrative matters.--
``(A) Terms.--Members of the Council appointed
under paragraph (2)(C) shall be appointed for a term of
3 years.
``(B) Term for air traffic control
representative.--The member appointed under paragraph
(2)(D) shall be appointed for a term of 3 years, except
that the term of such individual shall end whenever the
individual no longer meets the requirements of
paragraph (2)(D).
``(C) Vacancy.--Any vacancy on the Council shall be
filled in the same manner as the original appointment,
except that any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed for the remainder of that term.
``(D) Continuation in office.--A member of the
Council whose term expires shall continue to serve
until the date on which the member's successor takes
office.
``(E) Removal.--Any member of the Council appointed
under paragraph (2) may be removed for cause by
whomever makes the appointment.
``(F) Chair; vice chair.--The Council shall elect a
chair and a vice chair from among the members appointed
under subparagraphs (C) and (D) of paragraph (2), each
of whom shall serve for a term of 1 year. The vice
chair shall perform the duties of the chair in the
absence of the chair.
``(G) Travel and per diem.--Each member of the
Council shall be paid actual travel expenses, and per
diem in lieu of subsistence expenses when away from the
usual place of residence of the member, in accordance
with section 5703 of title 5.
``(H) Detail of personnel from the
administration.--The Administrator shall make available
to the Council such staff, information, and
administrative services and assistance as may
reasonably be required to enable the Council to carry
out its responsibilities under this subsection.''.
SEC. 135. AVIATION NOISE OFFICER.
(a) In General.--Section 106 of title 49, United States Code, is
further amended by striking subsection (q) and inserting the following:
``(q) Aviation Noise Officer.--
``(1) In general.--The Administration has an Aviation Noise
Officer, who shall be appointed by the Administrator.
``(2) Regional officers.--The Aviation Noise Officer shall
designate, within each region of the Administration, a Regional
Aviation Noise Officer.
``(3) Duties.--The Aviation Noise Officer, in coordination
with the Regional Aviation Noise Officers, shall--
``(A) serve as a liaison with the public, including
community groups, on issues regarding aircraft noise;
``(B) make recommendations to the Administrator to
address concerns raised by the public; and
``(C) be consulted when the Administration proposes
changes in aircraft routes so as to minimize any
increases in aircraft noise over populated areas.
``(4) Number of full-time equivalent employees.--The
appointment of an Aviation Noise Officer under this subsection
shall not result in an increase in the number of full-time
equivalent employees in the Administration.''.
(b) Conforming Amendments.--Section 180 of the FAA Reauthorization
Act of 2018 (49 U.S.C. 106 note) and the items relating to such section
in the table of contents contained in section 1(b) of that Act, are
repealed.
SEC. 136. CHIEF OPERATING OFFICER.
Section 106(r) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Appointment.--There shall be a Chief
Operating Officer for the air traffic control system
that is appointed by the Administrator and subject to
the authority of the Administrator.''; and
(B) in subparagraph (E) by striking ``shall be
appointed for the remainder of that term'' and
inserting ``may be appointed for either the remainder
of the term or for a full term'';
(2) in paragraph (2) by striking ``, with the approval of
the Air Traffic Services Committee'';
(3) in paragraph (3)--
(A) by striking ``, in consultation with the Air
Traffic Services Committee,''; and
(B) by striking ``annual basis.'' and inserting--
``annual basis and shall include responsibility for--
``(A) the state of good repair of the air traffic control
system;
``(B) the continuous improvement of the safety and
efficiency of the air traffic control system; and
``(C) identifying services and solutions to increase the
safety and efficiency of airspace use and to support the safe
integration of all airspace users.'';
(4) in paragraph (4) by striking ``such information as may
be prescribed by the Secretary'' and inserting ``the annual
performance agreement required under paragraph (3), an
assessment of the performance of the Chief Operating Officer in
relation to the performance goals in the previous year's
performance agreement, and such other information as may be
prescribed by the Administrator''; and
(5) in paragraph (5)--
(A) by striking ``Chief Operating Officer, or any
other authority within the Administration
responsibilities, including'' and inserting ``Chief
Operating Officer any authority of the Administrator
and shall delegate, at a minimum'';
(B) in subparagraph (A)--
(i) in clause (iii) by striking ``and'' at
the end;
(ii) in clause (iv) by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(v) plans to integrate new entrant
operations into the national airspace system
and associated action items.''; and
(C) in subparagraph (C)(ii) by striking ``and the
Committee''.
SEC. 137. REPORT ON UNFUNDED CAPITAL INVESTMENT NEEDS OF AIR TRAFFIC
CONTROL SYSTEM.
Section 106(r) of title 49, United States Code, is further amended
by adding at the end the following:
``(6) Unfunded capital investment needs report.--
``(A) In general.--Not later than 10 days after the
date on which the budget of the President for a fiscal
year is submitted to Congress pursuant to section 1150
of title 31, the Chief Operating Officer shall submit
directly to the Administrator, the Secretary, the
Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate a
report on any unfunded capital investment needs of the
air traffic control system.
``(B) Contents of report.--The report required
under subparagraph (A) shall include, for each unfunded
capital investment need, the following:
``(i) A summary description of such
unfunded capital investment need.
``(ii) Objective to be achieved if such
unfunded capital investment need is funded in
whole or in part.
``(iii) The additional amount of funds
recommended in connection with such objective.
``(iv) The Budget Line Item Program and
Budget Line Item number associated with such
unfunded capital investment need, as
applicable.
``(v) Any statutory requirement associated
with such unfunded capital investment need, as
applicable.
``(C) Prioritization of requirements.--The report
required under subparagraph (A) shall present unfunded
capital investment needs in overall urgency of
priority.
``(D) Definition of unfunded capital investment
need.--In this paragraph the term `unfunded capital
investment need' means a program that--
``(i) is not funded in the budget of the
President for the fiscal year as submitted to
Congress pursuant to section 1105 of title 31;
``(ii) is for infrastructure or a system
related to necessary modernization or
sustainment of the air traffic control system;
``(iii) is listed for any year in the most
recent National Airspace System Capital
Investment Plan of the Administration; and
``(iv) would have been recommended for
funding through the budget referred to in
subparagraph (A) by the Chief Operating Officer
if--
``(I) additional resources had been
available for the budget to fund the
program, activity, or mission
requirement; or
``(II) the program, activity, or
mission requirement has emerged since
the budget was formulated.''.
SEC. 138. CHIEF TECHNOLOGY OFFICER.
Section 106(s) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``There shall
be'' and all that follows through the period at the end
and inserting ``The Chief Technology Officer shall be
appointed by the Chief Operating Officer of the air
traffic control system with the consent of the
Administrator.'';
(B) in subparagraph (B) by striking ``management''
and inserting ``management, systems management,'';
(C) by striking subparagraph (D);
(D) by redesignating subparagraphs (A) through (C)
as subparagraphs (B) through (D), respectively; and
(E) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Establishment.--There shall be a Chief
Technology Officer for the air traffic control system
that shall report directly to the Chief Operating
Officer of the air traffic control system.'';
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``program'';
and
(B) in subparagraph (F) by striking ``aircraft
operators'' and inserting ``the Administration,
aircraft operators, or other private providers of
information and services related to air traffic
management''; and
(3) in paragraph (3)--
(A) in subparagraph (A) by striking ``The Chief
Technology Officer shall be subject to the
postemployment provisions of section 207 of title 18 as
if the position of Chief Technology Officer were
described in section 207(c)(2)(A)(i) of that title.'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) Post-employment.--The Chief Technology
Officer shall be subject to the postemployment
provisions of section 207 of title 18 as if the
position of Chief Technology Officer were described in
section 207(c)(2)(A)(i) of such title.''.
SEC. 139. DEFINITION OF AIR TRAFFIC CONTROL SYSTEM.
Section 40102(a)(47) of title 49, United States Code, is amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) in subparagraph (D) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) systems, software, and hardware operated,
owned, and maintained by third parties that support or
directly provide air navigation information and air
traffic management services with Administration
approval.''.
SEC. 140. PEER REVIEW OF OFFICE OF WHISTLEBLOWER PROTECTION AND
AVIATION SAFETY INVESTIGATIONS.
Section 106(t) of title 49, United States Code, is amended--
(1) by striking paragraph (7);
(2) by inserting after paragraph (6) the following:
``(7) Department of transportation office of the inspector
general peer review.--
``(A) In general.--Not later than 2 years after the
date of enactment of the Securing Growth and Robust
Leadership in American Aviation Act, and every 5 years
thereafter, the inspector general of the Department of
Transportation shall perform a peer review of the
Office of Whistleblower Protection and Aviation Safety
Investigations.
``(B) Peer review scope.--In completing the peer
reviews required under this paragraph, the inspector
general shall use the most recent peer review guides
published by the Council of the Inspectors General on
Integrity and Efficiency Audit Committee and
Investigations Committee.
``(C) Reports to congress.--Not later than 90 days
after the completion of a peer review required under
this paragraph, the inspector general shall submit to
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
description of any actions taken or to be taken to
address the results of the peer review.''; and
(3) in paragraph (8)(B) by striking the comma.
SEC. 141. CYBERSECURITY LEAD.
(a) In General.--The Administrator of the Federal Aviation
Administration shall designate an executive of the Administration to
serve as the lead for the cybersecurity of Administration systems and
hardware (hereinafter referred to as the ``Cybersecurity Lead'').
(b) Duties.--The Cybersecurity Lead shall carry out duties and
powers prescribed by the Administrator, including the management of
activities required under subtitle B of title VI of the Securing Growth
and Robust Leadership in American Aviation Act.
(c) Briefing.--Not later than 1 and 3 years after the date of
enactment of this Act, the Cybersecurity Lead 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 on the implementation of subtitle B of
title VI of the Securing Growth and Robust Leadership in American
Aviation Act.
SEC. 142. REDUCING FAA WASTE, INEFFICIENCY, AND UNNECESSARY
RESPONSIBILITIES.
(a) Annual Report on Aviation Activities.--Section 308 of title 49,
United States Code, is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by redesignating subsection (e) as subsection (c).
(b) Annual Report on the Purchase of Foreign Manufactured
Articles.--Section 40110(d) of title 49, United States Code, is amended
by striking paragraph (5).
(c) Annual Report on Assistance to Foreign Aviation Authorities.--
Section 40113(e) of title 49, United States Code, is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as paragraph (4).
(d) AIP Annual Report.--Section 47131 of title 49, United States
Code, and the item relating to such section in the analysis for chapter
471 of such title, are repealed.
(e) Transfer of Airport Land Use Compliance Report to NPIAS.--
Section 47103 of title 49, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Non-compliant Airports.--
``(1) In general.--The Secretary shall include in the plan
a detailed statement listing airports the Secretary has reason
to believe are not in compliance with grant assurances or other
requirements with respect to airport lands and shall include--
``(A) the circumstances of noncompliance;
``(B) the timeline for corrective action with
respect to such noncompliance; and
``(C) any corrective action the Secretary intends
to require to bring the airport sponsor into
compliance.
``(2) Listing.--The Secretary is not required to conduct an
audit or make a final determination before including an airport
on the list referred to in paragraph (1).''.
(f) Notice to Airport Sponsors Regarding Purchase of American Made
Equipment and Products.--Section 306 of the Federal Aviation
Administration Authorization Act of 1994 (49 U.S.C. 50101 note) is
amended--
(1) in subsection (a) by striking ``(a)'' and all that
follows through ``It is the sense'' and inserting ``It is the
sense''; and
(2) by striking subsection (b).
(g) Obsolete Aviation Security Requirements.--Sections 302, 307,
309, and 310 of the Federal Aviation Reauthorization Act of 1996
(Public Law 104-264), and the items relating to such sections in the
table of contents in section 1(b) of such Act, are repealed.
(h) Regulation of Alaska Guide Pilots.--Section 732 of the Wendell
H. Ford Aviation Investment and Reform Act for the 21st Century (49
U.S.C. 44701 note) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b), as so redesignated--
(A) in the heading by striking ``Definitions'' and
inserting ``Definition of Alaska Guide Pilot'';
(B) by striking ``, the following definitions
apply'' and all that follows through ``The term `Alaska
guide pilot''' and inserting ``the term `Alaska guide
pilot'''; and
(C) by redesignating subparagraphs (A) through (C)
as paragraphs (1) through (3) (and adjusting the
margins accordingly).
(i) Next Generation Air Transportation Senior Policy Committee.--
Section 710 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 40101 note), and the item relating to such section in the
table of contents in section 1(b) of such Act, are repealed.
(j) Improved Pilot Licenses and Pilot License Rulemaking.--
(1) Intelligence reform and terrorism prevention act.--
Section 4022 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (49 U.S.C. 44703 note), and the item
relating to such section in the table of contents in section
1(b) of such Act, are repealed.
(2) FAA modernization and reform act of 2012.--Section 321
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
44703 note), and the item relating to such section in the table
of contents in section 1(b) of such Act, are repealed.
(k) Technical Training and Staffing Study.--Section 605 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95) is amended--
(1) by striking subsection (a);
(2) in subsection (b)--
(A) by striking ``(b) Workload of Systems
Specialists.--''; and
(B) by redesignating paragraphs (1) through (3) as
subsections (a) through (c) (and adjust the margins and
header casing appropriately); and
(3) in subsection (c) (as so redesignated) by striking
``paragraph (1)'' and inserting ``subsection (a)''.
(l) Ferry Flight Duty Period and Flight Time Rulemakings.--Section
345 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44701
note), and the item relating to such section in the table of contents
in section 1(b) of such Act, are repealed.
(m) Laser Pointer Incident Reports.--Section 2104 of FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 46301 note) is amended--
(1) in subsection (a) by striking ``quarterly'' and
inserting ``annually''; and
(2) by adding at the end the following:
``(c) Report Sunset.--Subsection (a) shall cease to be effective
after September 30, 2028.''.
(n) Cold Weather Projects Briefing.--Section 156 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 47112 note) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
TITLE II--GENERAL AVIATION
Subtitle A--Expanding Pilot Privileges and Protections
SEC. 201. REEXAMINATION OF PILOTS OR CERTIFICATE HOLDERS.
The Pilot's Bill of Rights (49 U.S.C. 44703 note) is amended by
adding at the end the following:
``SEC. 5. REEXAMINATION OF AN AIRMAN CERTIFICATE.
``(a) In General.--The Administrator shall provide timely, written
notification to an individual subject to a reexamination of an airman
certificate issued under chapter 447 of title 49, United States Code.
``(b) Information Required.--In providing notification under
subsection (a), the Administrator shall inform the individual--
``(1) of the nature of the reexamination and the specific
activity on which the reexamination is necessitated;
``(2) that the reexamination shall occur within 1 year from
the date of the notice provided by the Administrator, after
which, if the reexamination is not conducted, the airman
certificate may be suspended or revoked; and
``(3) when, as determined by the Administrator, an oral or
written response to the notification from the Administrator is
not required.
``(c) Exception.--Nothing in this section prohibits the
Administrator from reexamining a certificate holder if the
Administrator has reasonable grounds--
``(1) to establish that an airman may not be qualified to
exercise the privileges of a certificate or rating based upon
an act or omission committed by the airman while exercising
such privileges or performing ancillary duties associated with
the exercise of such privileges; or
``(2) to demonstrate that the airman obtained such a
certificate or rating through fraudulent means or through an
examination that was substantially and inadequate to establish
the qualifications of an airman.
``(d) Standard of Review.--An order issued by the Administrator to
amend, modify, suspend, or revoke an airman certificate after
reexamination of the airman is subject to the standard of review
provided for under section 2 of this Act.''.
SEC. 202. GAO REVIEW OF PILOT'S BILL OF RIGHTS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a study of the implementation of the
Pilot's Bill of Rights (49 U.S.C. 44703 note).
(b) Contents.--In conducting the study under subsection (a), the
Comptroller General shall review--
(1) the implementation and application of the Pilot's Bill
of Rights (49 U.S.C. 44703 note);
(2) the application of the Federal Rules of Civil Procedure
and the Federal Rules of Evidence to covered proceedings by the
National Transportation Safety Board, as required by section 2
of the Pilot's Bill of Rights (49 U.S.C. 44703 note);
(3) the appeal process and the typical length of time
associated with a final determination in a covered proceeding;
and
(4) any impacts of the implementation of the Pilot's Bill
of Rights (49 U.S.C. 44703 note).
(c) Covered Proceedings.--In this section, the term ``covered
proceeding'' means a proceeding conducted under subpart C, D, or F of
part 821 of title 49, Code of Federal Regulations, relating to denial,
amendment, modification, suspension, or revocation of an airman
certificate.
SEC. 203. EXPANSION OF BASICMED.
(a) In General.--Section 2307 of the FAA Extension, Safety, and
Security Act of 2016 (49 U.S.C. 44703 note) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the
following:
``(2) the individual holds a medical certificate issued by
the Federal Aviation Administration or has held such a
certificate at any time after July 14, 2006;'';
(B) in paragraph (7) by inserting ``calendar''
before ``months''; and
(C) in paragraph (8)(A) by striking ``5'' and
inserting ``6'';
(2) in subsection (b)(2)(A)(i) by inserting ``(or any
successor form)'' after ``(3-99)'';
(3) by striking subsection (h) and inserting the following:
``(h) Report Required.--Not later than 4 years after the date of
enactment of the Securing Growth and Robust Leadership in American
Aviation Act, the Administrator, in coordination with the National
Transportation Safety Board, shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that describes the effect of the regulations issued or revised
under subsection (a) and includes statistics with respect to changes in
small aircraft activity and safety incidents.''; and
(4) in subsection (j)--
(A) in paragraph (1) by striking ``6'' and
inserting ``7''; and
(B) in paragraph (2) by striking ``6,000'' and
inserting ``12,500''.
(b) Rulemaking.--The Administrator of the Federal Aviation
Administration shall update regulations in parts 61 and 68 of title 14,
Code of Federal Regulations, as necessary, to implement the amendments
made by this section.
(c) Applicability.--Beginning on the date that is 120 days after
the date of enactment of this Act, the Administrator shall apply part
68, Code of Federal Regulations, in a manner reflecting the amendments
made by this section.
SEC. 204. DATA PRIVACY.
(a) In General.--Chapter 441 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44114. Privacy
``(a) In General.--Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration shall establish
and continuously improve a process by which, upon request of a private
aircraft owner or operator, the Administrator blocks the registration
number and other similar identifiable data or information, except for
physical markings required by law, of the aircraft of the owner or
operator from any public dissemination or display (except in furnished
data or information made available to or from a Government agency
pursuant to a government contract, subcontract, or agreement) for the
noncommercial flights of the owner or operator.
``(b) Withholding Personally Identifiable Information on the
Aircraft Registry.--Not later than 1 year after the enactment of this
Act and notwithstanding any other provision of law, the Administrator
shall establish a procedure by which, upon request of a private
aircraft owner or operator, the Administrator shall withhold from
public disclosure (except in furnished data or information made
available to or from a Government agency pursuant to a government
contract, subcontract, or agreement, including that for traffic
management purposes) the personally identifiable information of such
individual, including on FAA websites.
``(c) Icao Aircraft Identification Code.--
``(1) In general.--The Administrator shall establish a
program for aircraft owners and operators to apply for a new
ICAO aircraft identification code.
``(2) Limitations.--In carrying out the program described
in paragraph (1), the Administrator shall require--
``(A) each applicant to attest to a safety or
security need in applying for a new ICAO aircraft
identification code; and
``(B) each approved applicant who obtains a new
ICAO aircraft identification code to comply with all
applicable aspects of, or related to, part 45 of title
14, Code of Federal Regulations, including updating an
aircraft's registration number and N-Number to reflect
such aircraft's new ICAO aircraft identification code.
``(d) Decoupling Mode S Codes.--The Administrator shall develop a
plan for which the Administrator could allow for a process to
disassociate an assigned Mode S code with the number assigned to an
aircraft that is registered pursuant to section 44103.
``(e) Definitions.--In this section:
``(1) Ads-b.--The term `ADS-B' means automatic dependent
surveillance-broadcast.
``(2) Icao.--The term `ICAO' means the International Civil
Aviation Organization.
``(3) Personally identifiable information.--The term
`personally identifiable information' means--
``(A) the mailing address or registration address
of an individual;
``(B) an electronic address (including an email
address) of an individual; or
``(C) the telephone number of an individual.
``(D) the names of the aircraft owner or
operator.''.
(b) Study on Encrypting Ads-b.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to enter into an agreement
with a qualified organization to conduct a study assessing the
technical challenges, impact to international aviation
operations, benefits, and costs of encrypting ADS-B signals to
provide for a safer and more secure environment for national
airspace system users.
(2) Consultation.--In carrying out the study under
paragraph (1), a qualified organization shall consult with
representatives of--
(A) air carriers;
(B) collective bargaining representatives of the
Federal Aviation Administration aero3 nautical
information specialists;
(C) original equipment manufacturers of ADS-B
equipment;
(D) general aviation;
(E) business aviation; and
(F) aviation safety experts with specific knowledge
of aircraft cybersecurity.
(3) Considerations.--In carrying out the study under
paragraph (1), a qualified organization shall consider--
(A) the technical requirements for encrypting ADS-B
signals for both the 978 Mhz and 1090 Mhz frequencies;
(B) the advantages of encrypting ADS-B signals for
both the 978 Mhz and 1090 Mhz frequencies, including
those related to cybersecurity protections, safety, and
privacy of national airspace system users;
(C) the disadvantages of encrypting ADS- B signals
for both the 978 Mhz and 1090 Mhz frequencies,
including those related to cybersecurity protections,
safety, and privacy of national airspace system users;
(D) the challenges of encrypting ADS-B signals for
both the 978 Mhz and 1090 Mhz frequencies, including
coordination considerations with the International
Civil Aviation Organization and foreign civil aviation
authorities;
(E) potential new aircraft equipage requirements
and estimated costs;
(F) the impact to nongovernmental third party users
of ADS-B data;
(G) the estimated costs to--
(i) the Federal Aviation Administration;
(ii) aircraft owners required to equip with
ADS-B equipment for aviation operations; and
(iii) other relevant persons the
Administrator determines necessary; and
(H) the impact to national airspace system
operations during implementation and post-
implementation.
(4) Report.--In any agreement entered into under paragraph
(1), the Administrator shall ensure that, not later than 1 year
after the completion of the study required under paragraph (1),
the qualified organization that has entered into such agreement
shall submit to the Administrator, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study described in paragraph (1), including the findings and
recommendations related to each item specified under paragraph
(3).
(5) Definition of qualified organization.--In this
subsection, the term ``qualified organization'' means an
independent nonprofit organization, described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code.
(c) Clerical Amendment.--The analysis for chapter 441 of title 49,
United States Code, is amended by adding at the end the following:
``44114. Privacy.''.
(d) Conforming Amendment.--Section 566 of the FAA Reauthorization
Act of 2018 (49 U.S.C. 44103 note) and the item relating to such
section in the table of contents under section 1(b) of that Act are
repealed.
SEC. 205. PROHIBITION ON USING ADS-B DATA TO INITIATE AN INVESTIGATION.
Section 46101 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Prohibition on Using ADS-B Data to Initiate an
Investigation.--
``(1) In general.--Notwithstanding any provision of this
section, the Administrator of the Federal Aviation
Administration may not initiate an investigation (excluding a
criminal investigation) of a person based exclusively on
automatic dependent surveillance-broadcast data.
``(2) Rule of construction.--Nothing in this subsection
shall prohibit the use of automatic dependent surveillance-
broadcast data in an investigation that was initiated for any
reason other than the review of automatic dependent
surveillance-broadcast data, including if such investigation
was initiated as a result of a report or complaint submitted to
the Administrator.''.
SEC. 206. PROHIBITION ON N-NUMBER PROFITEERING.
Section 44103 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Prohibition on N-Number Profiteering.--
``(1) In general.--No person may reserve an aircraft
registration number without certifying that such person intends
to use such registration number--
``(A) immediately on a specific aircraft; or
``(B) for future use on an aircraft owned or
controlled, or intended to be owned or controlled, by
such person.
``(2) Transfers.--A person may transfer a reserved aircraft
registration number to another person if--
``(A) the transferor certifies that the aircraft
registration number is relinquished willingly and at a
cost to the transferee that does not otherwise exceed
the amount paid by the transferor to reserve such
number; and
``(B) the transferee--
``(i) certifies that the transferor did not
impose a dollar cost on the transfer that
exceeds the amount provided for in subparagraph
(A); and
``(ii) complies with the certification
requirement under paragraph (1).''.
SEC. 207. ACCOUNTABILITY FOR AIRCRAFT REGISTRATION NUMBERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a review of the process for reserving
aircraft registration numbers to ensure that such process offers an
equal opportunity for members of the general public to obtain specific
aircraft registration numbers.
(b) Assessment.--In conducting the review under subsection (a), the
Administrator shall assess the following:
(1) Whether the use of readily available software to
prevent computer or web-based auto-fill systems from reserving
aircraft registration numbers in bulk would improve
participation in the reservation process by the general public.
(2) Whether a limit should be imposed on the number of
consecutive years a person may reserve an aircraft registration
number.
(3) The impact of the prohibition imposed by section
44103(e) of title 49, United States Code.
(c) Briefing.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall 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 review conducted under subsection (a), including any
recommendations of the Administrator to improve equal participation in
the process for reserving aircraft registration numbers by the general
public.
SEC. 208. TIMELY RESOLUTION OF INVESTIGATIONS.
(a) In General.--Not later than 2 years after the date of issuance
of a letter of investigation to any person, the Administrator of the
Federal Aviation Administration shall--
(1) make a determination regarding such investigation and
pursue subsequent action; or
(2) close such investigation.
(b) Extension.--
(1) In general.--If, upon review of the facts and status of
an investigation described in subsection (a), the Administrator
determines that the time provided to make a final determination
or close such investigation is insufficient, the Administrator
may approve an extension of such investigation for 2 years.
(2) Additional extensions.--The Administrator may approve
consecutive extensions under paragraph (1).
(c) Delegation.--The Administrator may not delegate the authority
to approve an extension described in subsection (b) to anyone other
than the leadership of the Administration as described in section
106(b) of title 49, United States Code.
SEC. 209. EXPANSION OF VOLUNTEER PILOT ORGANIZATION DEFINITION.
Section 821 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note) is amended--
(1) in subsection (a)--
(A) by striking ``for the fuel costs associated
with'' and inserting ``for the fuel costs and airport
fees attributed to''; and
(B) by striking ``for an individual or organ for
medical purposes (and for other associated
individuals)'' and inserting ``for the purposes
described in subsection (c)(2)''; and
(2) in subsection (c)(2) by striking ``charitable medical
transportation.'' and inserting the following: ``charitable
transportation for the following purposes:
``(A) Assisting individuals in accessing medical
care or treatment (and for other associated
individuals).
``(B) Delivering human blood, tissues, or organs.
``(C) Aiding disaster relief efforts pursuant to
a--
``(i) presidential declaration of a major
disaster or an emergency under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); or
``(ii) declaration of a major disaster or
an emergency by a Governor of a State.''.
SEC. 210. CHARITABLE FLIGHT FUEL REIMBURSEMENT EXEMPTIONS.
(a) In General.--
(1) Validity of exemption.--Except as otherwise provided in
this subsection, an exemption from section 61.113(c) of title
14, Code of Federal Regulations, that is granted by the
Administrator of the Federal Aviation Administration for the
purpose of allowing a volunteer pilot to accept reimbursement
from a volunteer pilot organization for the fuel costs and
airport fees attributed to a flight operation to provide
charitable transportation pursuant to section 821 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
shall be valid for 5 years.
(2) Failing to adhere.--If the Administrator finds an
exemption holder under paragraph (1) or a volunteer pilot fails
to adhere to the conditions and limitations of the exemption
described under such paragraph, the Administrator may rescind
or suspend the exemption.
(3) No longer qualifying.--If the Administrator finds that
such exemption holder no longer qualifies as a volunteer pilot
organization, the Administrator shall rescind such exemption.
(4) Forgoing exemption.--If such exemption holder informs
the Administrator that such holder no longer plans to exercise
the authority granted by such exemption, the Administrator may
rescind such exemption.
(b) Additional Requirements.--
(1) In general.--A volunteer pilot organization may impose
additional safety requirements on a volunteer pilot without--
(A) being considered--
(i) an air carrier (as such term is defined
in section 40102 of title 49, United States
Code); or
(ii) a commercial operator (as such term is
defined in section 1.1 of title 14, Code of
Federal Regulations); or
(B) constituting common carriage.
(2) Savings clause.--Nothing in this subsection may be
construed to limit or otherwise affect the authority of the
Administrator to regulate, as appropriate, a flight operation
associated with a volunteer pilot organization that constitutes
a commercial operation or common carriage.
(c) Reissuance of Existing Exemptions.--In reissuing an expiring
exemption described in subsection (a) that was originally issued prior
to the date of enactment of this Act, the Administrator shall ensure
that the reissued exemption--
(1) accounts for the provisions of this section and section
821 of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
40101 note), as amended by this Act; and
(2) is otherwise substantially similar to the previously
issued exemption.
(d) Statutory Construction.--Nothing in this section shall be
construed to--
(1) affect the authority of the Administrator to exempt a
pilot (exercising the private pilot privileges) from any
restriction on receiving reimbursement for the fuel costs and
airport fees attributed to a flight operation to provide
charitable transportation; or
(2) impose or authorize the imposition of any additional
requirements by the Administrator on a flight that is arranged
by a volunteer pilot organization in which the volunteer
pilot--
(A) is not reimbursed the fuel costs and airport
fees attributed to a flight operation to provide
charitable flights; or
(B) pays a pro rata share of expenses as described
in section 61.113(c) of title 14, Code of Federal
Regulations.
(e) Definitions.--In this section:
(1) Volunteer pilot.--The term ``volunteer pilot'' means a
person who--
(A) acts as a pilot in command of a flight
operation to provide charitable transportation pursuant
to section 821 of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 40101 note); and
(B) holds a private pilot certificate, commercial
pilot certificate, or an airline transportation pilot
certificate issued under part 61 of title 14, Code of
Federal Regulations.
(2) Volunteer pilot organization.--The term ``volunteer
pilot organization'' has the meaning given such term in section
821(c) of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note).
SEC. 211. GAO REPORT ON CHARITABLE FLIGHTS.
(a) Report.--Not later than 4 years after the date of enactment of
this Act, the Comptroller General of the United States shall initiate a
review of the following:
(1) Applicable laws, regulations, policies, legal opinions,
and guidance pertaining to charitable flights and the
operations of such flights, including reimbursement of fuel
costs.
(2) Petitions for exemption from the requirements of
section 61.113(c) of title 14, Code of Federal Regulations, for
the purpose of allowing a pilot to accept reimbursement for the
fuel costs associated with a flight operation to provide
charitable transportation pursuant to section 821 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as
amended by this Act, including assessment of--
(A) the conditions and limitations a petitioner
must comply with if the exemption is granted and
whether such conditions and limitations are--
(i) applied to petitioners in a consistent
manner; and
(ii) commensurate with the types of flight
operations exemption holders propose to conduct
under any such exemptions;
(B) denied petitions for such an exemption and the
reasons for the denial of such petitions; and
(C) the processing time of a petition for such an
exemption.
(3) Charitable flights conducted without an exemption from
section 61.113(c) of title 14, Code of Federal Regulations,
including an analysis of the certificates, qualifications, and
aeronautical experience of the operators of such flights.
(b) Consultation.--In carrying out the review initiated under
subsection (a), the Comptroller General shall consult with charitable
organizations, including volunteer pilot organizations, aircraft
owners, and pilots who volunteer to provide transportation for or on
behalf of a charitable organization, flight safety experts, and
employees of the Federal Aviation Administration.
(c) Recommendations.--As part of the review initiated under
subsection (a), the Comptroller General shall make recommendations, as
determined appropriate, to the Administrator of the Federal Aviation
Administration to improve the rules, policies, and guidance pertaining
to charitable flight operations.
(d) Report.--Upon completion of the review initiated under
subsection (a), the Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report describing the findings of such review and
recommendations developed under subsection (c).
SEC. 212. ALL MAKES AND MODELS AUTHORIZATION.
(a) In General.--
(1) Unlimited letter of authorization.--Not later than 180
days after the date of enactment of this Act, the Administrator
of the Federal Aviation Administration shall take such action
as may be necessary to allow for the issuance of letters of
authorizations to airmen with the authorization for--
(A) all types and makes of experimental high-
performance single engine piston powered aircraft; and
(B) all types and makes of experimental high-
performance multiengine piston powered aircraft.
(2) Requirements.--An individual who holds a letter of
authorization and applies for an authorization described in
paragraph (1)(A) or (1)(B)--
(A) shall be given an all-makes and models
authorization of--
(i) experimental single-engine piston
powered authorized aircraft; or
(ii) experimental multiengine piston
powered authorized aircraft;
(B) shall hold the appropriate category and class
rating for the authorized aircraft;
(C) shall hold 3 experimental aircraft
authorizations in aircraft of the same category and
class rating for the authorization sought; and
(D) may become qualified in additional experimental
aircraft by completing aircraft specific training.
(b) Rule of Construction.--Nothing in this section may be construed
to disallow an individual from being given both an authorization
described in paragraph (1)(A) and an authorization described in
paragraph (1)(B).
(c) Failure to Comply.--
(1) In general.--If the Administrator fails to implement
subsection (a) within the time period prescribed in such
subsection, the Administrator shall 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 status of the
implementation of such subsection on a monthly basis until the
implementation is complete.
(2) No delegation.--The Administrator may not delegate the
briefing described in paragraph (1).
SEC. 213. RESPONSE TO LETTER OF INVESTIGATION.
Section 2(b) of the Pilot's Bill of Rights (49 U.S.C. 44703 note)
is amended by adding at the end the following:
``(6) Response to letter of investigation.--If an
individual decides to respond to a Letter of Investigation
described in paragraph (2)(B) such individual may respond not
later than 30 days after receipt of such Letter, including
providing written comments on the incident to the investigating
office.''.
Subtitle B--General Aviation Safety
SEC. 221. ADS-B SAFETY ENHANCEMENT INCENTIVE PROGRAM.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a program to provide rebates to owners
of covered general aviation aircraft for the purchase of covered ADS-B
equipment.
(b) Application.--To be eligible to receive a rebate under this
section, an owner of a covered general aviation aircraft shall submit
to the Administrator an application in such form, at such time, and
containing such information as the Administrator may require, including
proof of successful installation of covered ADS-B equipment.
(c) Authorized Rebate.--
(1) Amount.--A rebate approved by the Administrator to be
issued to an owner of a covered general aviation aircraft shall
be equal to the lesser of--
(A) the cost of purchasing the covered ADS-B
equipment; or
(B) $2,000.
(2) Time.--A rebate issued under the program under this
section shall be redeemed or presented for payment not later
than 180 days after issuance, after which time the rebate shall
be deemed void.
(d) Sunset.--The program established under subsection (a) shall
terminate on October 1, 2027.
(e) Restriction.--The Administrator may not offer rebates for--
(1) a software upgrade for covered ADS-B equipment;
(2) covered ADS-B equipment installed prior to the date of
enactment of this Act;
(3) covered general aviation aircraft manufactured after
January 1, 2020; or
(4) covered general aviation aircraft for which the
Administrator has previously issued a rebate related to the
purchase and installation of covered ADS-B equipment.
(f) Definitions.--In this section:
(1) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(2) Covered ads-b equipment.--The term ``covered ADS-B
equipment'' means ADS-B equipment that--
(A) meets the performance requirements described in
section 91.227 of title 14, Code of Federal Regulations
(or any successor regulation); and
(B) is capable of receiving and displaying ADS-B
information from other aircraft.
(3) Covered general aviation aircraft.--The term ``covered
general aviation aircraft'' means a single-engine piston
aircraft registered in the United States that is not equipped
with covered ADS-B equipment.
(g) Authorization of Appropriations.--Out of amounts made available
under section 106(k) of title 49, United States Code, there is
authorized to be expended to carry out this section and pay
administrative costs $25,000,000 for fiscal year 2024 to remain
available until expended.
SEC. 222. GAO REPORT ON ADS-B TECHNOLOGY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on automatic dependent surveillance-broadcast equipage
and usage rates across the active general aviation fleet in the United
States.
(b) Contents.--In conducting the study described in subsection (a),
the Comptroller General shall, at a minimum--
(1) analyze the reasons why aircraft owners choose not to
equip or use an aircraft with automatic dependent surveillance-
broadcast technology;
(2) examine and substantiate any benefits and drawbacks of
using automatic dependent surveillance-broadcast technology,
including safety and operational benefits and drawbacks;
(3) survey ways to further incentivize aircraft owners to
equip and use aircraft with automatic dependent surveillance-
broadcast technology; and
(4) examine the benefits, costs, and feasibility of
requiring equipage of automatic dependent surveillance-
broadcast technology on all newly manufactured aircraft other
than aircraft issued a special airworthiness certificate.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on automatic dependent surveillance-broadcast described in
subsection (b) and make recommendations to incentivize equipage and
usage rates across the active general aviation fleet in the United
States.
SEC. 223. PROTECTING GENERAL AVIATION AIRPORTS FROM FAA CLOSURE.
(a) Non-surplus Property.--Section 47125 of title 49, United States
Code, is amended by adding at the end the following:
``(c) Waiving Restrictions.--
``(1) In general.--Subject to paragraph (2), the Secretary
may grant to an airport, city, or county a waiver of any of the
terms, conditions, reservations, or restrictions contained in a
deed under which the United States conveyed to the airport,
city, or county an interest in real property for airport
purposes pursuant to section 16 of the Federal Airport Act (60
Stat. 179), section 23 of the Airport and Airway Development
Act of 1970 (84 Stat. 232), or this section.
``(2) Conditions.--Any waiver granted by the Secretary
pursuant to paragraph (1) shall be subject to the following
conditions:
``(A) The applicable airport, city, county, or
other political subdivision shall agree that in
conveying any interest in the real property which the
United States conveyed to the airport, city, or county,
the airport, city, or county will receive consideration
for such interest that is equal to its current fair
market value.
``(B) Any consideration received by the airport,
city, or county under subparagraph (A) shall be used
exclusively for the development, improvement,
operation, or maintenance of a public airport by the
airport, city, or county.
``(C) Such waiver--
``(i) will not significantly impair the
aeronautical purpose of an airport;
``(ii) will not result in the permanent
closure of an airport (unless the Secretary
determines that the waiver will directly
facilitate the construction of a replacement
airport); or
``(iii) is necessary to protect or advance
the civil aviation interests of the United
States.
``(D) Any other conditions required by the
Secretary.
``(3) Annual reporting.--The Secretary shall include a list
and description of each waiver granted pursuant to paragraph
(1) in the report required under section 47131.''.
(b) Surplus Property.--
(1) In general.--Section 47151 of title 49, United States
Code, is amended--
(A) by striking subsection (d) and inserting the
following:
``(d) Waiver of Condition.--The Secretary may not waive any
condition imposed on an interest in surplus property conveyed under
subsection (a) that such interest be used for an aeronautical purpose
unless the Secretary provides public notice not less than 30 days
before the issuance of such waiver and determines that such waiver--
``(1) will not significantly impair the aeronautical
purpose of an airport;
``(2) will not result in the permanent closure of an
airport (unless the Secretary determines that the waiver will
directly facilitate the construction of a replacement airport);
or
``(3) is necessary to protect or advance the civil aviation
interests of the United States.''; and
(B) by adding at the end the following:
``(f) Reversions of Property.--The Secretary shall take all
necessary action to revert surplus property conveyed under this
subchapter back to the United States if--
``(1) the Secretary determines that an instrument conveying
an interest in surplus property under this subchapter
incorporates a provision providing for the reversion of such
property in the event the property is not used for aeronautical
purposes;
``(2) other efforts by the Secretary to ensure that the
property is used by the relevant airport sponsor is used for
aeronautical purposes are unsuccessful; and
``(3) the Secretary determines that a reversion--
``(A) will result in the property being used for
aeronautical purposes; or
``(B) will not transfer liabilities, including
environmental liabilities, greater than the fair market
value of the property to the Government.''; and
(2) Waiving and adding terms.--Section 47153(c) of title
49, United States Code, is amended to read as follows:
``(c) Restrictions on Waiver.--Notwithstanding subsections (a) and
(b), the Secretary may not waive any term under this section that an
interest in land be used for an aeronautical purpose unless--
``(1) the Secretary provides public notice not less than 30
days before the issuance of a waiver; and
``(2) the Secretary determines that such waiver--
``(A) will not significantly impair the
aeronautical purpose of an airport;
``(B) will not result in the permanent closure of
an airport (unless the Secretary determines that the
waiver will directly facilitate the construction of a
replacement airport); or
``(C) is necessary to protect or advance the civil
aviation interests of the United States.''.
(c) Repeals.--
(1) Airports near closed or realigned bases.--Section 1203
of the Federal Aviation Reauthorization Act of 1996 (49 U.S.C.
47101 note), and the item relating to such section in the table
of contents under section 1(b) of such Act, are repealed.
(2) Release from restrictions.--Section 817 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 47125 note),
and the item relating to such section in the table of contents
under section 1(b) of such Act, are repealed.
SEC. 224. ENSURING SAFE LANDINGS DURING OFF-AIRPORT OPERATIONS.
The Administrator of the Federal Aviation Administration shall not
apply section 91.119 of title 14, Code of Federal Regulations, in any
manner that requires a pilot to continue a landing that is unsafe.
SEC. 225. AIRPORT DIAGRAM TERMINOLOGY.
(a) In General.--The Administrator of the Federal Aviation
Administration shall update Airport Diagram Order JO 7910.4 and any
related advisory circulars, policy, and guidance to ensure the clear
and consistent use of terms to delineate the types of parking available
to general aviation pilots.
(b) Collaboration.--In carrying out subsection (a), the
Administrator shall collaborate with industry stakeholders, commercial
service airports, and general aviation airports in--
(1) facilitating basic standardization of general aviation
parking terms;
(2) accounting for the majority of uses of general aviation
parking terms; and
(3) providing clarity for chart users.
(c) IAC Specifications.--The Administrator shall encourage the
Interagency Air Committee to incorporate the terms developed under
subsection (a) in publications produced by the Committee.
SEC. 226. ALTERNATIVE ADS-B TECHNOLOGIES FOR USE IN CERTAIN SMALL
AIRCRAFT.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall publish an approved list of effective alternatives to automatic
dependent surveillance-broadcast equipment (in this section referred to
as ``alternative ADS-B equipment'') for covered aircraft operating
outside of Mode C veil airspace so that such aircraft may voluntarily
broadcast positioning to other aircraft.
(b) Review; Approval.--
(1) Review.--In carrying out subsection (a), the
Administrator shall, to the maximum extent practicable, review
available commercial-off-the-shelf alternative ADS-B equipment
that are used outside of the United States for purposes of
allowing a pilot to voluntarily utilize such equipment while
operating outside of Mode C veil airspace and within the
national airspace system.
(2) Approval.--The Administrator shall work with
manufacturers of such equipment to expedite technical standard
order authorization, or other approvals, required by the
Administrator for such equipment for use in covered aircraft.
(c) Definitions.--In this section:
(1) Alternative ads-b equipment.--The term ``alternative
ADS-B equipment'' means a positioning technology that--
(A) does not otherwise meet the performance
requirements prescribed in section 91.227 of title 14,
Code of Federal Regulations;
(B) may be affixed to, or portable within, a
covered aircraft; and
(C) can broadcast positioning of a covered aircraft
to other aircraft operating outside of Mode C veil
airspace.
(2) Covered aircraft.--The term ``covered aircraft''
means--
(A) a single-engine piston aircraft;
(B) an ultralight aircraft; or
(C) an aircraft not equipped with an electrical
system.
(d) Rule of Construction.--Nothing in this section may be construed
by the Administrator to require covered aircraft to install--
(1) alternative ADS-B equipment; or
(2) automatic dependent surveillance-broadcast equipment.
SEC. 227. AIRSHOW SAFETY TEAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall coordinate with the General Aviation Joint Safety
Committee to establish an Airshow Safety Team focused on airshow and
aerial event safety.
(b) Objective.--The objective of the Airshow Safety Team described
in subsection (a) shall be to--
(1) serve as a mechanism for Federal Government and
industry cooperation, communication, and coordination on
airshow and aerial event safety; and
(2) reduce airshow and aerial event accidents and incidents
through non-regulatory, proactive safety strategies.
(c) Activities.--In carrying out the objectives pursuant to
subsection (b), the Airshow Safety Team shall, at a minimum--
(1) perform an analysis of airshow and aerial event
accidents and incidents in conjunction with the Safety Analysis
Team;
(2) publish and update every 2 years after initial
publication an Airshow Safety Plan that incorporates consensus
based and data driven mitigation measures and non-regulatory
safety strategies to improve and promote safety of the public,
performers, and airport personnel; and
(3) engage the airshow and aerial event community to--
(A) communicate non-regulatory, proactive safety
strategies identified by the Airshow Safety Plan to
mitigate incidents; and
(B) discuss best practices to uphold and maintain
safety at events.
(d) Membership.--The Administrator may request the Airshow Safety
Team be comprised of at least 10 individuals, each of whom shall have
knowledge or a background in the planning, execution, operation, or
management of an airshow or aerial event.
(e) Meetings.--The Airshow Safety Team shall meet at least twice a
year at the direction of the co-chairs of the General Aviation Joint
Safety Committee.
(f) Construction.--The Administrator shall not initiate a
regulatory action based on any--
(1) discussion or sharing of information and data that
occurs as part of an official meeting of the Airshow Safety
Team; or
(2) safety strategies or best practices identified by the
Airshow Safety Plan that are not intended to be used by the
Administrator for regulatory purposes.
SEC. 228. TOWER MARKING NOTICE OF PROPOSED RULEMAKING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall issue a notice of proposed rulemaking to implement section 2110
of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718
note).
(b) Report.--If the Administrator fails to issue the notice of
proposed rulemaking pursuant to subsection (a), the Administrator shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual report on the status of such
rulemaking, including--
(1) the reasons that the Administrator has failed to issue
the rulemaking; and
(2) a list of fatal aircraft accidents associated with
unmarked towers that have occurred over the 5 years previous to
the date of submission of the report.
Subtitle C--Improving FAA Services
SEC. 241. AIRCRAFT REGISTRATION VALIDITY DURING RENEWAL.
(a) In General.--Section 44103 of title 49, United States Code, is
further amended by adding at the end the following:
``(f) Validity of Aircraft Registration During Renewal.--
``(1) In general.--An aircraft may be operated on or after
the expiration date found on the certificate of registration
issued for such aircraft under this section as if it were not
expired if the operator of such aircraft has aboard the
aircraft--
``(A) documentation validating that--
``(i) an aircraft registration renewal
application form (AC Form 8050-1B, or a
succeeding form) has been submitted to the
Administrator for such aircraft but not yet
approved or denied; and
``(ii) such aircraft is compliant with
maintenance, inspections, and any other
requirements for the aircraft's airworthiness
certificate issued under section 44704(d); and
``(B) the most recent aircraft registration.
``(2) Proof of pending renewal application.--The
Administrator shall provide an applicant for renewal of
registration under this section with documentation described in
paragraph (1)(A). Such documentation shall--
``(A) be made electronically available to the
applicant immediately upon submitting an aircraft
registration renewal application to the Civil Aviation
Registry for an aircraft;
``(B) notify the applicant of the operational
allowance described in paragraph (1);
``(C) deem an aircraft's airworthiness certificate
issued under section 44704(d) as valid provided that
the applicant confirms acknowledgment of the
requirements of paragraph (1)(A)(ii);
``(D) confirm the applicant acknowledged the
limitations described in paragraph (3)(A) and (3)(B);
and
``(E) include identifying information pertaining to
such aircraft and to the registered owner.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to permit any person to operate an
aircraft--
``(A) with an expired registration, except as
specifically provided for under this subsection; or
``(B) if the Administrator has denied an
application to renew the registration of such
aircraft.''.
(b) Rulemaking; Guidance.--Not later than 18 months after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a final rule, if necessary, and update all
applicable guidance and policies to implement the amendment made by
this section.
SEC. 242. TEMPORARY AIRMAN CERTIFICATES.
Section 44703 of title 49, United States Code, is amended by adding
at the end the following:
``(l) Temporary Airman Certificate.--An individual may obtain a
temporary airman certificate from the Administrator after requesting a
permanent replacement airman certificate issued under this section. A
temporary airman certificate shall be--
``(1) made available--
``(A) electronically to the individual immediately
upon submitting an online application for a replacement
certificate to the Administrator; or
``(B) physically to the individual at a flight
standards district office--
``(i) if the individual submits an online
application for a replacement certificate; or
``(ii) if the individual applies for a
permanent replacement certificate other than by
online application and such application has
been received by the Federal Aviation
Administration; and
``(2) destroyed upon receipt of the permanent replacement
airman certificate from the Administrator.''.
SEC. 243. FLIGHT INSTRUCTION OR TESTING.
(a) In General.--An authorized flight instructor providing student
instruction, flight instruction, or flight training shall not be deemed
to be operating an aircraft carrying persons or property for
compensation or hire.
(b) Authorized Additional Pilots.--An individual acting as an
authorized additional pilot during Phase I flight testing of aircraft
holding an experimental airworthiness certificate, in accordance with
section 21.191 of title 14, Code of Federal Regulations, and meeting
the requirements set forth in Federal Aviation Administration
regulations and policy in effect as of the date of enactment of this
section, shall not be deemed to be operating an aircraft carrying
persons or property for compensation or hire.
(c) Use of Aircraft.--An individual who uses, causes to use, or
authorizes to use aircraft for flights conducted under subsection (a)
or (b) shall not be deemed to be operating an aircraft carrying persons
or property for compensation or hire.
(d) Revision of Rules.--
(1) In general.--The requirements of this section shall
become effective upon the date of enactment of this Act.
(2) Revision.--The Administrator of the Federal Aviation
Administration shall issue, revise, or repeal the rules,
regulations, guidance, or procedures of the Federal Aviation
Administration to conform to the requirements of this section.
SEC. 244. LETTER OF DEVIATION AUTHORITY.
(a) In General.--A flight instructor, registered owner, lessor, or
lessee of a covered aircraft shall not be required to obtain a letter
of deviation authority from the Administrator of the Federal Aviation
Administration to allow, conduct, or receive flight training, checking,
and testing in such aircraft if--
(1) the flight instructor is not providing both the
training and the aircraft;
(2) no person advertises or broadly offers the aircraft as
available for flight training, checking, or testing; and
(3) no person receives compensation for use of the aircraft
for a specific flight during which flight training, checking,
or testing was received, other than expenses for owning,
operating, and maintaining the aircraft.
(b) Covered Aircraft Defined.--In this section, the term ``covered
aircraft'' means--
(1) an experimental category aircraft;
(2) a limited category aircraft; and
(3) a primary category aircraft.
SEC. 245. NATIONAL COORDINATION AND OVERSIGHT OF DESIGNATED PILOT
EXAMINERS.
(a) In General.--Not later than 16 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a program or office to provide national
coordination and oversight of designated pilot examiners appointed
under section 183.23 of title 14, Code of Federal Regulations.
(b) Responsibilities.--The program or office established under
subsection (a) shall be responsible for the following:
(1) Oversight of designated pilot examiners appointed under
section 183.23 of title 14, Code of Federal Regulations,
including the selection, training, duties, and deployment of
such examiners.
(2) Supporting the standardization of policy, guidance, and
regulations across the Administration pertaining to the
selection, training, duties, and deployment of designated pilot
examiners appointed under section 183.23 of title 14, Code of
Federal Regulations, including evaluating the consistency by
which such examiners apply Administration policies, orders, and
guidance.
(3) Coordinating placement and deployment of such examiners
across regions based on demand for examinations from the pilot
community.
(4) Developing a code of conduct for such examiners.
(5) Deploying a survey system to track the performance and
merit of such examiners.
(6) Facilitating an industry partnership to create a formal
mentorship program for such examiners.
(7) Put in place a system that ensures available resources
so that applicants can schedule airman practical tests not more
than 14 calendar days after requested.
(c) Coordination.--In carrying out the responsibilities listed in
subsection (b), the Administrator shall ensure the program--
(1) coordinates on an ongoing basis with flight standards
district offices, designated pilot examiner managing
specialists, and aviation industry stakeholders, including
representatives of the general aviation community; and
(2) considers (or reconsiders) implementing the final
recommendations report issued by the Designated Pilot Examiner
Reforms Working Group and accepted by the Aviation Rulemaking
Advisory Committee on June 17, 2021.
(d) Briefing.--The Administrator shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate in
each fiscal year beginning after the date of enactment of this Act
through fiscal year 2028 detailing--
(1) the methodology by which designated pilot examiners
appointed under section 183.23 of title 14, Code of Federal
Regulations, are deployed and any subsequent changes to the
methodology to fulfill the demand for examinations;
(2) a review of the previous fiscal year detailing the
average time an individual in each region must wait to schedule
an appointment with such an examiner; and
(3) the turnover rates and resource costs associated with
such examiners.
SEC. 246. BASICMED FOR EXAMINERS ADMINISTERING TESTS OR PROFICIENCY
CHECKS.
(a) Equivalent Pilot-in-command Medical Requirements.--
Notwithstanding section 61.23(a)(3)(iv) of title 14, Code of Federal
Regulations, an examiner may administer a practical test or proficiency
check if such examiner meets the medical qualification requirements
under part 68 of title 14, Code of Federal Regulations, if the
operation being conducted is in a covered aircraft, as such term is
defined in section 2307(j) of the FAA Extension, Safety, and Security
Act of 2016 (49 U.S.C. 44703 note).
(b) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a final rule to update part 61 of title 14,
Code of Federal Regulations, to implement the requirements under
subsection (a), in addition to any related requirements the
Administrator finds are in the interest of aviation safety.
SEC. 247. DESIGNEE LOCATOR TOOL IMPROVEMENTS.
Not later than 2 years after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall ensure that
the designee locator search function of the public website of the
Designee Management System of the Administration has the functionality
to--
(1) filter a search for an Aviation Medical Examiner (as
described in section 183.21 of title 14, Code of Federal
Regulations) by sex, if such information is available;
(2) display credentials and aircraft qualifications of a
designated pilot examiner (as described in section 183.23 of
such title); and
(3) display the scheduling availability of a designated
pilot examiner (as described in section 183.23 of such title)
to administer a test or proficiency check to an airman.
SEC. 248. DEADLINE TO ELIMINATE AIRCRAFT REGISTRATION BACKLOG.
Not later than 120 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall take
such actions as may be necessary to reduce and maintain the aircraft
registration and recordation backlog at the Civil Aviation Registry so
that, on average, applications are processed not later than 10 business
days after receipt.
SEC. 249. PART 135 AIR CARRIER CERTIFICATE BACKLOG.
(a) In General.--The Administrator of the Federal Aviation
Administration shall take such actions as may be necessary to achieve
the goal of reducing the backlog of air carrier certificate
applications under part 135 of title 14, Code of Federal Regulations,
to--
(1) not later than 1 year after the date of enactment of
this Act, maintain an average certificate decision time of less
than 60 days; and
(2) not later than 2 years after the date of enactment of
this Act, maintain an average certificate decision time of less
than 30 days.
(b) Measures.--In meeting the goal under subsection (a), the
Administrator may--
(1) assign, as appropriate, additional personnel or support
staff, including on a temporary basis, to review, adjudicate,
and approve applications;
(2) improve and expand promotion of existing applicant
resources which could improve the quality of applications
submitted to decrease the need for Administration applicant
coordination and communications; and
(3) take into consideration any third-party entity that
assisted in the preparation of an application for an air
carrier certificate under part 135 of title 14, Code of Federal
Regulations.
(c) Working Group.--The Administrator shall convene a working group
comprised of industry stakeholders and aviation experts to--
(1) not later than 1 year after the date of enactment of
this Act, study methods and make recommendations to clarify
requirements and standardize the process for conducting and
completing aircraft conformity processes for existing air
carriers and operators under part 135 of title 14, Code of
Federal Regulations, in a timely manner, which shall include--
(A) developing a plan to honor or expedite the
consideration of previously accepted aircraft
configuration evaluations when an aircraft moves from
one certificate under part 135 of title 14, Code of
Federal Regulations, to another such certificate;
(B) streamlining protocols for operators under such
part 135 to add an aircraft that was listed on another
certificate under such part 135 immediately prior to
moving to the new carrier; and
(C) evaluating non-safety related Federal Aviation
Administration policies, guidance, and documentation
and identify needed changes to such policies, guidance,
and documentation to accomplish subparagraph (B); and
(2) not later than 2 years after of the date of enactment
of this Act--
(A) study and review methods to modernize and
improve the air carrier certification process under
part 135 of title 14, Code of Federal Regulations; and
(B) recommend long-term solutions for effective
management of Administration resources dedicated to
approving air carrier certificate applications under
such part 135.
(d) Congressional Briefing.--Beginning 6 months after the date of
enactment of this Act, and not less than every 6 months thereafter
until the Administrator complies with the requirements under subsection
(a)(2), the Administrator shall provide a briefing to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the status of the backlog of air carrier certificate applications under
part 135 of title 14, Code of Federal Regulations, any measures the
Administrator has put in place under subsection (b), and any
recommendations received from the review under subsection (c).
SEC. 250. LOGGING FLIGHT TIME ACCRUED IN CERTAIN PUBLIC AIRCRAFT.
(a) Completion of Rulemaking.--Not later than 18 months after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a final rule modifying section
61.51(j)(4) of title 14, Code of Federal Regulations, to include
aircraft under the direct operational control of forestry and fire
protection agencies, as required by section 517 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44703 note).
(b) Failure to Complete Rulemaking.--If the Administrator fails to
issue a final rule pursuant to subsection (a) by the deadline described
in such subsection, beginning on the date that is 18 months after the
date of enactment of this Act--
(1) notwithstanding section 61.51(j)(4) of title 14, Code
of Federal Regulations, a pilot, while engaged on an official
flight for a Federal, State, county, or municipal forestry or
fire protection agency, may log flight time so long as the time
acquired is in an aircraft that--
(A) is identified as an aircraft under section
61.5(b) of such title; and
(B) is a public aircraft under the direct
operational control of a forestry or fire protection
agency; and
(2) the Administrator may not take an enforcement action
against the pilot for logging such flight time as described in
paragraph (1).
(c) Sunset.--Subsection (b) shall cease to be effective on the date
on which the final rule required under subsection (a) is effective.
SEC. 251. FLIGHT INSTRUCTOR CERTIFICATES.
(a) Completion of Rulemaking.--Not later than 36 months after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a final rule for the rulemaking
activity titled ``Removal of the Expiration Date on a Flight Instructor
Certificate'', published in Fall 2022 in the Unified Agenda of Federal
Regulatory and Deregulatory Actions (RIN 2120-AL25) to, at a minimum,
update part 61 of title 14, Code of Federal Regulations, to--
(1) remove the expiration date on a flight instructor
certificate; and
(2) replace the requirement that a flight instructor renews
their flight instructor certificate with appropriate recent
experience requirements for the holder of a flight instructor
certificate to exercise the privileges of such certificate.
(b) Failure to Complete Rulemaking.--If the Administrator fails to
issue a final rule pursuant to subsection (a) before the deadline
prescribed in that subsection, beginning on the date that is 36 months
after the date of enactment of this Act--
(1) notwithstanding sections 61.19(d) and 61.197 of title
14, Code of Federal Regulations, an individual holding a flight
instructor certificate that is not expired as of the date that
is 36 months after the date of enactment of this Act may
exercise the privileges of the certificate regardless of
whether the certificate subsequently expires, provided that the
individual meets eligibility requirements in accordance with
section 61.183 of title 14, Code of Federal Regulations; and
(2) the Administrator--
(A) shall consider a flight instructor certificate
described in paragraph (1) as having no expiration
date; and
(B) may not enforce any regulation attributed to
the renewal of a flight instructor certificate of an
individual.
(c) Sunset.--Subsection (b) shall cease to be effective on the
effective date of a final rule issued pursuant to subsection (a).
SEC. 252. CONSISTENCY OF POLICY APPLICATION IN FLIGHT STANDARDS AND
AIRCRAFT CERTIFICATION.
(a) In General.--The inspector general of the Department of
Transportation shall initiate audits, as described in subsection (d),
of the Flight Standards and Aircraft Certification Services of the
Federal Aviation Administration, and the personnel of such offices, on
the consistency of--
(1) the interpretation of policies, orders, guidance, and
regulations; and
(2) the application of policies, orders, guidance, and
regulations.
(b) Components.--In completing the audits required under this
section, the inspector general shall interview stakeholders, including
at a minimum, individuals or entities that--
(1) hold a certificate or authorization related to the
issue being audited under subsection (d);
(2) are from different regions of the country with matters
before different flight standards district offices or aircraft
certification offices of the Administration;
(3) work with multiple flight standards district offices or
aircraft certification offices of the Administration; or
(4) hold a single or multiple relevant certificates or
authorizations.
(c) Reports.--The inspector general of the Department of
Transportation shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, the Secretary of
Transportation, and the Administrator of the Federal Aviation
Administration a report for each audit required in this section,
containing the results of the audit, including findings and
recommendations to the Administrator to improve the consistency of
decision-making by Flight Standards and Aircraft Certification Services
offices of the Administration.
(d) Audits.--The inspector general shall complete an audit and
issue the associated report required under subsection (c) not later
than--
(1) 18 months after the date of enactment of this Act, with
regard to supplemental type certificates;
(2) 34 months after the date of enactment of this Act, with
regard to repair stations certificated under part 145 of title
14, Code of Federal Regulations; and
(3) 50 months after the date of enactment of this Act, with
regard to technical standards orders.
(e) Implementation.--In addressing any recommendations from the
inspector general contained in the reports required under subsection
(c), the Administrator shall--
(1) maintain an implementation plan; and
(2) broadly adopt any best practices to improve the
consistency of interpretation and application of policies,
orders, guidance, and regulations by other offices of the
Administration and with regard to other activities of the
Administration.
(f) Briefing.--Not later than 6 months after receiving a report
required under subsection (c), the Administrator shall 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 implementation plan required under
subsection (d), the status of any recommendation received pursuant to
this section, and any best practices that are being implemented more
broadly.
SEC. 253. APPLICATION OF POLICIES, ORDERS, AND GUIDANCE.
Section 44701 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Policies, Orders, and Guidance.--
``(1) Consistency of application.--The Administrator shall
ensure consistency in the application of policies, orders, and
guidance of the Administration by--
``(A) regular audits of the application and
interpretation of such material by Administration
personnel from person to person and office to office;
``(B) updating policies, orders, and guidance to
resolve inconsistencies and clarify demonstrated
ambiguities, such as through repeated inconsistent
interpretation; and
``(C) ensuring officials are properly documenting
findings and decisions throughout a project to decrease
the occurrence of duplicative work and inconsistent
findings by subsequent officials assigned to the same
project.
``(2) Alterations.--The Administrator shall consult as
appropriate with regulated entities who will be impacted by
proposed changes to the content or application of policies,
orders, and guidance before making such changes.
``(3) Authorities and regulations.--The Administrator shall
issue policies, orders, and guidance documents that are related
to a law or regulation or clarify the intent of or compliance
with specific laws and regulations.''.
SEC. 254. EXPANSION OF THE REGULATORY CONSISTENCY COMMUNICATIONS BOARD.
Section 224 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701
note) is amended--
(1) in subsection (c)--
(A) in paragraph (2) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (3) by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) the Office of Airports;
``(5) the Office of Security and Hazardous Materials
Safety;
``(6) the Office of Rulemaking and Regulatory Improvement;
and
``(7) such other offices as the Administrator determines
appropriate.''; and
(2) in subsection (d)(1)--
(A) in subparagraph (A) by striking ``anonymous
regulatory interpretation questions'' and inserting
``regulatory interpretation questions, including
anonymously,'';
(B) in subparagraph (C) by striking ``anonymous
regulatory interpretation questions'' and inserting
``regulatory interpretation questions, including
anonymously''; and
(C) by adding at the end the following:
``(6) Submit recommendations, as needed, to the Assistant
Administrator for Rulemaking and Regulatory Improvement for
consideration.''.
SEC. 255. EXEMPTION OF FEES FOR AIR TRAFFIC SERVICES.
(a) In General.--Chapter 453 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 45307. Exemption of fees for air traffic services
``(a) Requirement to Provide Services and Related Support.--The
Administrator shall provide or ensure the provisioning of air traffic
services and aviation safety support for large, multiday aviation
events, including airshows and fly-ins, where the average daily number
of manned operations were 1,000 or greater in at least 1 of the
preceding 3 years, without the imposition or collection of any fee,
tax, or other charge for that purpose. Amounts for the provision of
such services and support shall be derived from amounts appropriated or
otherwise available for the Administration.
``(b) Determination of Services and Support to Be Provided.--In
determining the services and support to be provided for an aviation
event for purposes of subsection (a), the Administrator shall take into
account the following:
``(1) The services and support required to meet levels of
activity at prior events, if any, similar to the event.
``(2) The anticipated need for services and support at the
event.''.
(b) Clerical Amendment.--The analysis of chapter 453 of title 49,
United States Code, is amended by adding at the end the following:
``Sec. 45307. Exemption of fees for air traffic services.''.
(c) Conforming Repeal.--Section 530 of the FAA Reauthorization of
2018 (49 U.S.C. 40103 note), and the item relating to that section in
the table of contents in section 1(b) of such Act, are repealed.
SEC. 256. MODERNIZATION OF SPECIAL AIRWORTHINESS CERTIFICATION
RULEMAKING DEADLINE.
Not later than 24 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall issue a
final rule for the rulemaking activity titled ``Modernization of
Special Airworthiness Certification'', published in Fall 2022 in the
long-term actions of the Unified Agenda of Federal Regulatory and
Deregulatory Actions (RIN 2120-AL50).
SEC. 257. TERMINATION OF DESIGNEES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall update the Administration's Designee Management Policy (FAA Order
8000.95B), or any successor order, to ensure due process and increase
transparency in Federal Aviation Administration-initiated terminations
of designees.
(b) Updates to the Designee Management Policy.--In updating the
Administration's Designee Management Policy under subsection (a), the
Administrator shall, at a minimum, provide for the following:
(1) A process by which a designee--
(A) is notified of the root causes and reasons for
a termination initiated by the Administrator;
(B) is notified of the change in a delegated
authority to ``suspended'' or ``terminated'' during a
Federal Aviation Administration-initiated termination;
(C) is provided a point of contact, who is
independent of any investigation or termination action
involving the designee, within the Administration, to
correspond with for purposes of discussing the
termination process and the designee's status,
including the handling of correspondence during the
investigation process described in paragraph (2), if
applicable, and the review panel described in paragraph
(3);
(D) is notified of the results of the investigation
described in paragraph (2) in a reasonable and timely
manner, which shall include notice of additional action
by the Administrator, if required; and
(E) may respond within 30 calendar days to the
Administrator if the Administrator determines that a
termination for cause is the appropriate course of
action and initiates such action.
(2) An investigation process to determine the appropriate
outcome in situations in which termination is being considered
by the Administrator, which shall include the following
elements:
(A) The root causes and reasons for the
investigation, including any complaints or allegations.
(B) Collection of evidence related to the
investigation.
(C) A review of the facts and circumstances
surrounding the case.
(D) A review of the designee's record in the
designee management system and any relevant background
information in the appropriate Federal Aviation
Administration databases to determine if there is a
pattern of inappropriate behavior or misconduct.
(E) A review of the designee's response to the
investigation, if provided, to include any
documentation provided by the designee.
(F) A decision on the appropriate course of action
based on the results of the investigation.
(G) Recording the results of the investigation in
the Federal Aviation Administration's designee
management system.
(H) A notification to the designee that an
investigation has been initiated, but only after it is
determined through an established process that such
notification would not adversely impact the
investigation or safety.
(3) A review panel to determine whether a termination is
appropriate when termination for cause is a possible outcome
upon the completion of the investigation described in paragraph
(2), of which such review panel shall--
(A) consider the elements of the investigation
process provided for under paragraph (2), including the
designee's response to the investigation and any
associated documents, if provided; and
(B) complete the review process within 45 calendar
days of the Administrator initiating a for cause
termination decision of a designee.
(c) Subsequent Review for Designated Pilot Examiners.--
(1) In general.--The Administrator shall set up a process
through which a Designated Pilot Examiner terminated for cause
may request a subsequent review by the Executive Director of
the Flight Standards Service.
(2) Request.--A Designated Pilot Examiner terminated for
cause may request a subsequent review described in paragraph
(1) not later than 15 calendar days after termination,
(3) Review.--The Executive Director shall review all
relevant information and facts by which the decision was made
to terminate the designee, including the information considered
by the review panel, and issue a final determination.
(4) Timing.--Such final determination shall be issued by
the Director not later than 45 calendar days upon receiving the
request.
(d) Limitation on Investigation and Review Panel Participants.--An
Administration employee involved in the selection, appointment, or
management of a designee the Administrator is investigating or
terminating for cause may not be party--
(1) to an investigation described in subsection (b)(2) of
such designee; or
(2) participating on a review panel described in subsection
(b)(3) pertaining to such designee.
SEC. 258. PART 135 CHECK AIRMEN REFORMS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall assign to the Aviation Rulemaking Advisory
Committee (in this section referred to as the ``Committee'') the task
of reviewing all regulations and policies related to check airmen for
air carrier operations conducted under part 135 of title 14, Code of
Federal Regulations.
(b) Duties.--The Committee shall--
(1) review the processes and requirements by which
authorized check airmen are selected, trained, and approved by
the Administrator, and provide recommendations with respect to
the regulatory and policy changes necessary to ensure efficient
training and utilization of such check airmen;
(2) review differences in qualification standards between
an inspector of the Federal Aviation Administration and an
authorized check airmen in evaluating and certifying the
knowledge and skills of pilots; and
(3) make recommendations with respect to the regulatory and
policy changes necessary to allow authorized check airmen to
perform duties beyond the duties permitted on the date of
enactment of this Act.
(c) Action Based on Recommendations.--Not later than 1 year after
receiving recommendations under subsection (a), the Administrator shall
take such action as the Administrator considers appropriate with
respect to such recommendations.
(d) Definition of Authorized Check Airman.--In this section, the
term ``authorized check airman'' means an individual employed by an air
carrier that meets the qualifications and training requirements of
sections 135.337 and 135.339 of title 14, Code of Federal Regulations,
and is approved to evaluate and certify the knowledge and skills of
pilots employed by such air carrier.
Subtitle D--Other Provisions
SEC. 261. REQUIRED CONSULTATION WITH NATIONAL PARKS OVERFLIGHTS
ADVISORY GROUP.
Section 40128(b)(4) of title 49, United States Code, is amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) in subparagraph (D) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) consult with the advisory group established
under section 805 of the National Parks Air Tour
Management Act of 2000 (49 U.S.C. 40128 note) and
consider all advice, information, and recommendations
provided by the advisory group to the Administrator and
the Director.''.
SEC. 262. SUPPLEMENTAL OXYGEN REGULATORY REFORM.
(a) In General.--Beginning on the date that is 30 days after the
date of enactment of this Act, the following regulations shall cease to
apply to any aircraft operating below 41,000 feet above mean sea level:
(1) Paragraphs (3) and (4) of section 135.89(b) of title
14, Code of Federal Regulations (or any successor regulations).
(2) Paragraphs (1)(ii) and (2) of section 91.211(b) of
title 14, Code of Federal Regulations (or any successor
regulations).
(b) Conforming Amendment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a final regulation revising the provisions
of title 14, Code of Federal Regulations, described in paragraphs (1)
and (2) of subsection (a) to conform to the limitation in applicability
pursuant to subsection (a).
SEC. 263. EXCLUSION OF GYROPLANES FROM FUEL SYSTEM REQUIREMENTS.
Section 44737 of title 49, United States Code, is amended--
(1) by striking ``rotorcraft'' and inserting ``helicopter''
each place it appears (including in any headings); and
(2) by adding at the end the following:
``(d) Exemption.--A helicopter issued an experimental certificate
under section 21.191 of title 14, Code of Federal Regulations (or any
successor regulations), or operating under a Special Flight Permit
issued under section 21.197 of title 14, Code of Federal Regulations
(or any successor regulations), is exempt from the requirements of this
section.''.
SEC. 264. AIRSHOW VENUE INFORMATION, AWARENESS, TRAINING, AND EDUCATION
PROGRAM.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish a program, in cooperation with the National Center for
the Advancement of Aerospace, to be known as the ``Airshow Venue
Information, Awareness, Training, and Education Program'' (in this
section referred to as the ``AVIATE Program'').
(b) Objective.--The objectives of the AVIATE Program shall be--
(1) to make information available to general aviation
airport managers, local government officials, and other
relevant stakeholders about how to host an airshow;
(2) to provide guidance and resources to help organizers
plan and execute airshows and aerial events, including--
(A) compliance with all applicable regulations;
(B) providing technical assistance in
establishing--
(i) emergency response plans; and
(ii) communication plans between relevant
event stakeholders, including local enforcement
and emergency first responders; and
(C) ensuring protection of the public, performers,
and airport personnel;
(3) to promote public awareness and engagement with
airshows and aerial events, including opportunities for
community education, outreach, and involvement; and
(4) to provide access to tools and resources that enable
general aviation airport managers, local government officials,
and other relevant stakeholders to understand the impact of
airshows and aerial events on local economies and communities.
(c) Administration.--In carrying out the AVIATE Program, the
Administrator shall consult and coordinate, as appropriate, with
relevant stakeholders, including--
(1) airshow safety experts;
(2) general aviation aircraft owners and operators,
including experimental aircraft owners and operators;
(3) general aviation airports, including airport officials;
(4) air traffic control specialists with knowledge of
coordinating airshows and aerial events, including experts from
the exclusive bargaining representative of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(5) experts from the exclusive bargaining representative of
air traffic controllers certified under section 7111 of title
5, United States Code.
SEC. 265. LOW ALTITUDE ROTORCRAFT AND POWERED-LIFT OPERATIONS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall, as appropriate, establish or update low altitude routes and
flight procedures to ensure safe rotorcraft and powered-lift aircraft
operations within Class B airspace of the national airspace system.
(b) Flight Procedures.--In carrying out subsection (a), the
Administrator shall, as appropriate, establish or update approach and
departure procedures at public-use airports and heliports within Class
B airspace for rotorcraft and powered-lift aircraft operations.
(c) Flight Routes.--
(1) In general.--In carrying out this section, the
Administrator shall revise part 71 of title 14, Code of Federal
Regulations, as necessary, to establish or update low altitude
routes related to Class B airspace operations for rotorcraft
and powered-lift aircraft.
(2) Considerations.--In carrying out this section, the
Administrator shall consider the impact of such low altitude
flight routes described in paragraph (1) on other airspace
users and impacted communities to ensure that such routes are
designed to minimize--
(A) the potential for conflict with existing
national airspace system operations;
(B) the workload of air traffic controllers; and
(C) negative effects to impacted communities.
(d) Consultation.--In carrying out this section, the Administrator
shall develop the procedures and routes required under subsection (b)
and (c) in consultation with--
(1) rotorcraft operators, including air ambulance
operators;
(2) powered-lift operators;
(3) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(4) any other relevant stakeholders as determined by the
Administrator.
SEC. 266. BASICMED IN NORTH AMERICA.
The Administrator of the Federal Aviation Administration shall seek
to facilitate the recognition of medical qualifications under part 68
of title 14, Code of Federal Regulations, with civil aviation
authorities in Canada and such other foreign countries that the
Administrator determines are appropriate.
SEC. 267. ELIMINATE AVIATION GASOLINE LEAD EMISSIONS.
(a) EAGLE Initiative.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall continue to partner with industry and
other Federal Government stakeholders in carrying out the
Eliminate Aviation Gasoline Lead Emissions Initiative (in this
section referred to as the ``EAGLE Initiative'').
(2) FAA responsibilities.--In collaborating with industry
and other Government stakeholders to carry out the EAGLE
Initiative, the Administrator shall take such actions as may be
necessary under the Administrator's authority to facilitate--
(A) the safe elimination of the use of leaded
aviation gasoline by piston-engine aircraft by the end
of 2030 without adversely affecting the piston-engine
aircraft fleet;
(B) the approval of unleaded alternatives to leaded
aviation gasoline for use in all piston-engine aircraft
types and piston-engine types;
(C) the implementation of the requirements of
section 431 as they relate to the continued
availability of aviation gasoline;
(D) efforts to make approved unleaded aviation
gasoline widely available at airports; and
(E) the development and implementation of a
transition plan to safely expedite the transition of
the piston-engine general aviation aircraft fleet to
unleaded fuels by 2030.
(3) Activities.--In carrying out the Administration's
responsibilities pursuant to paragraph (2), the Administrator,
at a minimum, shall--
(A) develop and publish, as soon as practicable, a
fleet authorization process for the efficient approval
or authorization of unleaded aviation gasolines;
(B) review, update, and prioritize, as soon as
practicable, certification processes and projects for
aircraft engines and modifications to such engines to
operate with unleaded aviation gasoline;
(C) evaluate and support programs that accelerate
the creation, evaluation, qualification, deployment,
and use of unleaded aviation gasolines;
(D) carry out, in partnership with the general
aviation community, an ongoing campaign for training
and educating aircraft owners and operators on how to
safely transition to unleaded aviation gasoline;
(E) evaluate aircraft and aircraft engines to
ensure that such aircraft and aircraft engines can
operate with unleaded aviation gasoline candidates
during cold weather conditions; and
(F) facilitate Government policy, regulatory
proposals, and voluntary consensus standards with the
objective of achieving the following:
(i) Establishing a commercially viable
supply chain for unleaded aviation gasolines.
(ii) Facilitating market-based production
and distribution of unleaded aviation
gasolines.
(iii) Encouraging procurement of equipment
required for the deployment, storage, and
dispensing of unleaded aviation gasolines.
(4) Consultation and coordination with relevant
stakeholders.--In carrying out the EAGLE Initiative, the
Administrator shall continue to consult and coordinate, as
appropriate, with relevant stakeholders, including--
(A) general aviation aircraft engine, aircraft
propulsion, and aircraft airframe manufacturers;
(B) general aviation aircraft users, aircraft
owners, aircraft pilots, and aircraft operators;
(C) airports, heliports, and fixed-base operators;
(D) State, local, and Tribal airport officials or
public agencies, with representation from both urban
and rural areas;
(E) representatives of the petroleum industry,
including developers, refiners, producers, and
distributors of unleaded aviation gasolines; and
(F) air carriers and commercial operators operating
under part 135 of title 14, Code of Federal
Regulations.
(5) Reports to congress.--
(A) Initial report.--Not later than 1 year after
the date of enactment of this Act, the Administrator
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report that--
(i) contains an updated strategic plan for
developing a fleet authorization process for
efficient approval and use of unleaded aviation
gasolines;
(ii) describes the structure and
involvement of all Federal Aviation
Administration offices that have
responsibilities described in paragraph (2);
and
(iii) identifies cost-effective policy
initiatives, regulatory initiatives, or
legislative initiatives needed to improve and
enhance the timely transition to unleaded
aviation gasoline for the piston-engine
aircraft fleet.
(B) Annual reporting.--Not later than 1 year after
the date on which the Administrator submits the initial
report under subparagraph (A), and annually thereafter,
the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate an annual report on
activities and progress of the EAGLE Initiative.
(C) Sunset.--Subparagraph (B) shall cease to be
effective after December 31, 2030.
(b) Transition Plan to Unleaded Fuels.--
(1) In general.--In developing the transition plan under
subsection (a)(2)(E), the Administrator shall, at a minimum,
assess the following:
(A) Efforts undertaken by the EAGLE Initiative,
including progress towards--
(i) safely eliminating the use of leaded
aviation gasoline by piston-engine aircraft by
the end of 2030 without adversely affecting the
piston-engine aircraft fleet;
(ii) approving unleaded alternatives to
leaded aviation gasoline for use in all piston-
engine aircraft types and piston-engine types;
and
(iii) facilitating efforts to make approved
unleaded aviation gasoline widely available at
airports.
(B) The evaluation and development of necessary
airport infrastructure, including fuel storage and
dispensing facilities, to support the distribution and
storage of unleaded aviation gasoline.
(C) The establishment of best practices for piston-
engine aircraft owners and operators, airport managers
and personnel, aircraft maintenance technicians, and
other appropriate personnel for protecting against
exposure to lead containment when--
(i) conducting fueling operations;
(ii) disposing of inspected gasoline
samples;
(iii) performing aircraft maintenance; and
(iii) conducting engine run-ups.
(D) Efforts to address supply chain and other
logistical barriers inhibiting the timely distribution
of unleaded aviation gasoline to airports.
(E) Outreach efforts to educate and update piston-
engine aircraft owners and operators, airport
operators, and other members of the general aviation
community on the potential benefits, availability, and
safety of unleaded aviation gasoline.
(2) Consultation.--In developing such transition plan, the
Administrator shall consult, at a minimum, with representatives
of entities described in subsection (a)(4).
(3) Publication; guidance.--Upon completion of developing
such transition plan, the Administrator shall--
(A) make the plan available to the public on an
appropriate webpage of the Administration; and
(B) provide guidance supporting the implementation
of the transition plan.
(4) Coordination with eagle initiative.--In developing such
transition plan and associated guidance pertaining to the
implementation of such transition plan, the Administrator shall
consult and coordinate with individuals carrying out the EAGLE
Initiative.
(5) Mapping unleaded aviation gasoline.--The Administrator
shall develop and continuously update websites, brochures, and
other communication materials associated with such transition
plan to clearly convey the availability of unleaded aviation
gasoline at airports.
(6) Briefing to congress.--Not later than 60 days after the
publication of such transition plan, the Administrator shall
brief the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Technology of the Senate on such transition plan
and any efforts or actions pertaining to the implementation of
such transition plan.
TITLE III--AEROSPACE WORKFORCE
Subtitle A--Growing the Talent Pool
SEC. 301. EXTENSION OF AVIATION WORKFORCE DEVELOPMENT PROGRAMS.
Section 625(b)(1) of the FAA Reauthorization Act of 2018 (49 U.S.C.
40101 note) is amended by striking ``section 48105'' and all that
follows through the period at the end and inserting the following:
``section 48105 of title 49, United States Code, not more than--
``(A) $15,000,000 for each of fiscal years 2024
through 2026 is authorized to be expended to provide
grants under the program established under subsection
(a)(1); and
``(B) $15,000,000 for each of fiscal years 2024
through 2026 is authorized to provide grants under the
program established under subsection (a)(2).
``(C) $15,000,000 for each of fiscal years 2024
through 2026 is authorized to be expended to provide
grants under the program established under subsection
(a)(3).''.
SEC. 302. IMPROVING AVIATION WORKFORCE DEVELOPMENT PROGRAMS.
(a) Manufacturing Program.--Section 625(a) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) a program to provide grants for eligible projects to
support the education and recruitment of aviation manufacturing
workers and the development of the aviation manufacturing
workforce.''.
(b) Project Grants.--Section 625(b) of the FAA Reauthorization Act
of 2018 (49 U.S.C. 40101 note) is amended--
(1) in paragraph (2) by striking ``$500,000'' and inserting
``$750,000''; and
(2) by adding at the end the following:
``(3) Education projects.--The Secretary shall ensure that
not less than 20 percent of the amounts authorized to be
expended under this subsection shall be used to carry out a
grant program which shall be referred to as the `Willa Brown
Aviation Education Program' (in this paragraph referred to as
the `Program') under which the Secretary shall provide grants
for eligible projects described in subsection (d) that are
carried out in communities in counties containing at least 1
qualified opportunity zone (as such term is defined in section
1400Z-1(a) of the Internal Revenue Code of 1986).''.
(c) Eligible Applications.--Section 625(c) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) Application for aircraft pilot program.--An
application for a grant under the program established under
subsection (a)(1) may be submitted, in such form as the
Secretary may specify, by--
``(A) an air carrier, as defined in section 40102
of title 49, United States Code;
``(B) an entity that holds management
specifications under subpart K of title 91 of title 14,
Code of Federal Regulations;
``(C) an 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(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002)), or a high
school or secondary school (as such terms are defined
in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(D) a flight school that provides flight
training, as defined in part 61 of title 14, Code of
Federal Regulations, or that holds a pilot school
certificate under part 141 of title 14, Code of Federal
Regulations;
``(E) a labor organization representing
professional pilots;
``(F) an aviation-related nonprofit organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation under section
501(a) of such Code; or
``(G) a State, local, territorial, or Tribal
governmental entity.
``(2) Application for aviation maintenance program.--An
application for a grant under the program established under
subsection (a)(2) may be submitted, in such form as the
Secretary may specify, by--
``(A) a holder of a certificate issued under part
21, 121, 135, 145, or 147 of title 14, Code of Federal
Regulations;
``(B) a labor organization representing aviation
maintenance workers;
``(C) an 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(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002)), or a high
school or secondary school (as such terms are defined
in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(D) an aviation-related nonprofit organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation under section
501(a) of such Code; or
``(E) a State, local, territorial, or Tribal
governmental entity.
``(3) Application for aviation manufacturing program.--An
application for a grant under the program established under
subsection (a)(3) may be submitted, in such form as the
Secretary may specify, by--
``(A) an entity that--
``(i) actively designs or manufactures any
aircraft, aircraft engine, propeller, or
appliance, or a component, part, or system
thereof, covered under a type or production
certificate issued under section 44704; and
``(ii) has significant operations in the
United States and a majority of the employees
of such entity that are engaged in aviation
manufacturing or development activities and
services are based in the United States;
``(B) an 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(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002)), or a high
school or secondary school (as such terms are defined
in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(C) an aviation-related nonprofit organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation under section
501(a) of such Code; or
``(D) a State, local, territorial, or Tribal
governmental entity.''.
(d) Eligible Projects.--Section 625(d) of the FAA Reauthorization
Act of 2018 (49 U.S.C. 40101 note) is amended by striking paragraphs
(1) and (2) and inserting the following:
``(1) Aircraft pilot program.--For purposes of the program
established under subsection (a)(1), an eligible project is a
project--
``(A) to create and deliver curriculum that
provides high school or secondary school students with
meaningful aviation education to become aircraft
pilots, aerospace engineers, or unmanned aircraft
systems operators, including purchasing and operating a
computer-based simulator associated with such
curriculum;
``(B) to support the professional development of
teachers using the curriculum described in subparagraph
(A);
``(C) to establish or improve apprenticeship,
internship, or scholarship programs for individuals
pursuing employment as an aviation pilot;
``(D) to create and deliver curriculum that
provides certified flight instructors with the
necessary instructional, leadership, and communication
skills to better educate student pilots;
``(E) to support transition to professional pilot
careers, including for members of the Armed Forces; or
``(F) to support robust outreach about careers in
the commercial aviation as a professional pilot,
including outreach to primary, secondary, and post-
secondary school students.
``(2) Aviation maintenance program.--For purposes of the
program established under subsection (a)(2), an eligible
project is a project--
``(A) to create and deliver curriculum that
provides high school and secondary school students with
meaningful aviation maintenance education to become an
aviation mechanic or aviation maintenance technician,
including purchasing and operating equipment associated
with such curriculum;
``(B) to support the professional development of
teachers using the curriculum described in subparagraph
(A);
``(C) to establish or improve apprenticeship,
internship, or scholarship programs for individuals
pursuing employment in the aviation maintenance
industry;
``(D) to support transition to aviation maintenance
careers, including for members of the Armed Forces; or
``(E) to support robust outreach about careers in
the aviation maintenance industry, including outreach
to primary, secondary, and post-secondary school
students.
``(3) Aviation manufacturing program.--For purposes of the
program established under subsection (a)(3), and eligible
project is a project--
``(A) to create and deliver curriculum that
provides high school and secondary school students with
meaningful aviation manufacturing education, including
teaching the technical skills used in the production of
components, parts, or systems thereof for inclusion in
an aircraft, aircraft engine, propeller, or appliance;
``(B) to support the professional development of
teachers using the curriculum described in subparagraph
(A);
``(C) to establish apprenticeship, internship, or
scholarship programs for individuals pursuing
employment in the aviation manufacturing industry;
``(D) to support transition to aviation
manufacturing careers, including for members of the
Armed Forces; or
``(E) to support robust outreach about careers in
the aviation manufacturing industry, including outreach
to primary, secondary, and post-secondary school
students.''.
(e) Reporting and Monitoring Requirements.--Section 625 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended by adding
at the end the following:
``(f) Reporting and Monitoring Requirements.--The Secretary shall
establish reasonable reporting and monitoring requirements for grant
recipients under this section to measure relevant outcomes for the
grant programs established under paragraphs (1), (2), and (3) of
subsection (a).
``(g) Notice of Grants.--
``(1) Timely public notice.--The Secretary shall provide
public notice of any grant awarded under this section in a
timely fashion after the Secretary awards such grant.
``(2) Notice to congress.--The Secretary shall provide to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate advance notice of a grant to be
made under this section.
``(h) Termination.--The authority of the Secretary to issue grants
under this section shall terminate on September 30, 2026.''.
SEC. 303. NATIONAL CENTER FOR THE ADVANCEMENT OF AEROSPACE.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 120. National Center for the Advancement of Aerospace
``(a) Federal Charter and Status.--
``(1) In general.--The National Center for the Advancement
of Aerospace (in this section referred to as the `Center') is a
federally chartered entity which shall be incorporated in the
District of Columbia. The Center is a private independent
entity, not a department, agency, or instrumentality of the
United States Government or a component thereof. Except as
provided in subsection (f)(1), an officer or employee of the
Center is not an officer or employee of the Federal Government.
``(2) Perpetual existence.--Except as otherwise provided,
the Center shall have perpetual existence.
``(b) Governing Body.--
``(1) In general.--The Board of Directors (in this section
referred to as the `Board') is the governing body of the
Center.
``(2) Authority.--
``(A) In general.--The Board shall adopt bylaws,
policies, and procedures to carry out the purpose of
the Center and may take any other action that it
considers necessary (in accordance with the duties and
powers of the Center) for the management and operation
of the Center. The Board is responsible for the general
policies and management of the Center and for the
control of all funds of the Center.
``(B) Powers of board.--The Board shall have the
power to do the following:
``(i) Adopt and alter a corporate seal.
``(ii) Establish and maintain offices to
conduct its activities.
``(iii) Enter into contracts or agreements
as a private entity not subject to the
requirements of title 41.
``(iv) Acquire, own, lease, encumber,
transfer, and dispose of property as necessary
and appropriate to carry out the purposes of
the Center.
``(v) Publish documents and other
publications in a publicly accessible manner.
``(vi) Incur and pay obligations as a
private entity not subject to the requirements
of title 31.
``(vii) Perform any other act necessary and
proper to carry out the purposes of the Center
as described in its bylaws or duties outlined
in this section.
``(3) Membership of the board.--
``(A) In general.--The Board shall have 10
Directors as follows:
``(i) Ex-officio membership.--The following
individuals, or their designees, shall be
considered ex-officio members of the Board:
``(I) The Administrator of the
Federal Aviation Administration.
``(II) The Executive Director,
pursuant to paragraph (5)(D).
``(ii) Appointments.--
``(I) In general.--From among those
members of the public who are highly
respected and have exert knowledge and
experience in the fields of aviation,
finance, or academia--
``(aa) the Secretary of
Transportation shall appoint 5
members to the Board;
``(bb) the Secretary of
Defense shall appoint 1 member
to the Board;
``(cc) the Secretary of
Veterans Affairs shall appoint
1 member to the Board; and
``(dd) the Secretary of
Education shall appoint 1
member to the Board.
``(II) Terms.--
``(aa) In general.--The
members appointed under
subclause (I) shall serve for a
term of 3 years and may be
reappointed.
``(bb) Staggering terms.--
The Board shall stagger the
duration of the terms of the
initial members appointed to
promote the stability of the
Board.
``(B) Vacancies.--A vacancy on the Board shall be
filled in the same manner as the initial appointment.
``(C) Status.--All Members of the Board shall have
equal voting powers, regardless if they are ex-officio
members or appointed.
``(4) Chair of the board.--The Board shall choose a Chair
of the Board from among the members of the Board that are not
ex-officio members under paragraph (3)(A)(i).
``(5) Administrative matters.--
``(A) Meetings.--
``(i) In general.--The Board shall meet at
the call of the Chair but not less than 2 times
each year and may, as appropriate, conduct
business by telephone or other electronic
means.
``(ii) Open.--
``(I) In general.--Except as
provided in subclause (II), a meeting
of the Board shall be open to the
public.
``(II) Exception.--A meeting, or
any portion of a meeting, may be closed
if the Board, in public session, votes
to close the meeting because the
matters to be discussed--
``(aa) relate solely to the
internal personnel rules,
practices, and matters of the
Center;
``(bb) may result in
disclosure of commercial or
financial information obtained
from a person that is
privileged or confidential;
``(cc) may disclose
information of a personal
nature where disclosure would
constitute an unwarranted
invasion of personal privacy;
or
``(dd) are matters that are
specifically exempted from
disclosure by Federal or
District of Columbia law.
``(iii) Public announcement.--At least 1
week before a meeting of the Board, and as soon
as practicable thereafter if there are any
changes to the information described in
subclauses (I) through (III), the Board shall
make a public announcement of the meeting that
describes--
``(I) the time, place, and subject
matter of the meeting;
``(II) whether the meeting is to be
open or closed to the public; and
``(III) the name and appropriate
contact information of a person who can
respond to requests for information
about the meeting.
``(iv) Record.--The Board shall keep
minutes from each Board meeting. Such minutes
shall be made available to the public in an
accessible format, except for portions of the
meeting that are closed pursuant to
subparagraph (A)(ii)(II).
``(B) Quorum.--A majority of members of the Board
shall constitute a quorum.
``(C) Code of ethics.--The Board shall adopt a code
of ethics for Directors, officers, agents, and
employees of the Center to--
``(i) prevent inappropriate conflicts of
interest and promote good employee conduct; and
``(ii) at a minimum, prohibit any member of
the Board from participating in any proceeding,
application, ruling, or other determination,
contract claim, award, controversy, or other
matter in which the member, the member's
employer or prospective employer, or the
member's immediate family member has a direct
financial interest.
``(D) Executive director.--The Board shall appoint
and fix the pay of an Executive Director of the Center
(in this section referred to as the `Executive
Director') who shall--
``(i) serve as an ex officio Member of the
Board;
``(ii) serve at the pleasure of the Board,
under such terms and conditions as the Board
shall establish;
``(iii) is subject to removal by the Board
at the discretion of the Board; and
``(iv) be responsible for the daily
management and operation of the Center and for
carrying out the purposes and duties of the
Center.
``(E) Appointment of personnel.--The Board shall
delegate to the Executive Director the authority to
appoint additional personnel as the Board considers
appropriate and necessary to carry out the purposes and
duties of the Center.
``(6) Records.--The Board shall keep correct and complete
records of accounts.
``(7) Public information.--With the exception of the
matters described in subsection (b)(5)(A)(ii)(II), nothing in
this section may be construed to withhold disclosure of
information or records that are subject to disclosure under
section 552 of title 5.
``(c) Purpose.--The purpose of the Center is to--
``(1) develop a skilled and robust aerospace workforce in
the United States;
``(2) provide a forum to support collaboration and
cooperation between governmental, nongovernmental, and private
aerospace sector stakeholders regarding the advancement of the
aerospace workforce, including general, business, and
commercial aviation, education, labor, manufacturing,
international organizations, and commercial space
transportation organizations;
``(3) serve as a repository for research conducted by
institutions of higher education, research institutions, or
other stakeholders regarding the aerospace workforce and
related technical and skill development.
``(4) serve as a centralized resource that provides
comprehensive and relevant information sources on the
following:
``(A) Aviation pathway programs and professional
development opportunities.
``(B) Aviation apprenticeship, scholarship, and
internship programs.
``(C) Aviation-related curricula and resources
about aviation occupations and career pathways
developed for students, teachers, and guidance
counselors at all levels of education.
``(D) Aviation industry organizations.
``(d) Duties.--In order to accomplish the purpose described in
subsection (c), the Center shall perform the following duties:
``(1) Improve access to aerospace education and related
skills training to help grow the U.S. aerospace workforce,
including by--
``(A) assessing the state of the aerospace
workforce, including challenges and identifying actions
to address such challenges;
``(B) developing a comprehensive workforce strategy
to help coordinate workforce development initiatives;
``(C) establishing or supporting apprenticeship,
scholarship, internship, and mentorship programs that
assist individuals who wish to pursue a career in an
aerospace-related field;
``(D) supporting the development of aerospace
education curricula, including syllabi, training
materials, and lesson plans, for use by an 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(c) of the Higher Education Act of 1965 (20
U.S.C. 1002)), or a high school or secondary school (as
such terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)); and
``(E) building awareness of youth-oriented
aerospace programs and other robust outreach programs,
including for primary, secondary, and post-secondary
school students.
``(F) supporting the professional development of
teachers using the curricula, syllabi, training
materials, and lesson plans described in subparagraph
(D); and
``(G) developing an array of educational and
informative aviation-related educational activities and
materials for students of varying ages and levels of
education to use in the classroom and at home.
``(2) Support personnel or veterans of the Armed Forces
seeking to transition to a career in aerospace through
outreach, training, scholarships, apprenticeships, or other
means.
``(3) Amplify and support the work carried out at the
Centers of Excellence and Technical Centers of the Federal
Aviation Administration regarding the aerospace workforce, or
related technical and skills advancement, including organizing
and hosting symposiums, conferences, and other forums as
appropriate.
``(4) Administer on behalf of the Secretary of the
Department of Transportation the Cooperative Aviation
Recruitment, Enrichment, and Employment Readiness Program
established by subsection (a) of 40131.
``(e) Duty to Maintain Tax-exempt Status.--The Center shall be
operated in a manner and for purposes that qualify the Center for
exemption from taxation under the Internal Revenue Code as an
organization described in section 501(c)(3) of such Code.
``(f) Administrative Matters of Center.--
``(1) Detailees.--
``(A) In general.--At the request of the Center,
the head of any Federal agency or department may, at
the discretion of such agency or department, detail to
the Center, on a reimbursable basis, an employee of the
agency or department.
``(B) Civil servant status.--The detail of an
employee under subparagraph (A) shall be without
interruption or loss of civil service status or
privilege.
``(2) Names and symbols.--The Center may accept, retain,
and use proceeds derived from the Center's use of the exclusive
right to use its name and seal, emblems, and badges
incorporating such name as lawfully adopted by the Board in
furtherance of the purpose and duties of the Center.
``(3) Gifts, grants, bequests, and devises.--The Center may
accept, retain, use, and dispose of gifts, grants, bequests, or
devises of money, services, or property from any public or
private source for the purpose of covering the costs incurred
by the Center in furtherance of the purpose and duties of the
Center.
``(4) Voluntary services.--The Center may accept voluntary
services from any person that are provided in furtherance of
the purpose and duties of the Center.
``(g) Restrictions.--
``(1) Profit.--The Center may not engage in business
activity for profit.
``(2) Stocks and dividends.--The Center may not issue any
shares of stock or declare or pay any dividends.
``(3) Political activities.--The Center shall be
nonpolitical and may not provide financial aid or assistance
to, or otherwise contribute to or promote the candidacy of, any
individual seeking elective public office or political party.
The Center may not engage in activities that are, directly, or
indirectly, intended to be or likely to be perceived as
advocating or influencing the legislative process.
``(4) Distribution of income or assets.--The assets of the
Center may not inure to the benefit of any member of the Board,
or any officer or employee of the Center or be distributed to
any person. This paragraph does not prevent the payment of
reasonable compensation to any officer, employee, or other
person or reimbursement for actual and necessary expenses in
amounts approved by the Board.
``(5) Loans.--The Center may not make a loan to any member
of the Board or any officer or employee of the Center.
``(6) No claim of governmental approval or authority.--
Except as otherwise provided by section 40131, the Center may
not claim approval of Congress or of the authority of the
United States for any of its activities.
``(h) Advisory Committee.--
``(1) In general.--The Executive Director shall appoint
members to an advisory committee subject to approval by the
Board. Members of the Board may not sit on the advisory
committee.
``(2) Membership.--The advisory committee shall consist of
not more than 15 members who represent various aviation
industry and labor stakeholders, stakeholder associations, and
others as determined appropriate by the Board. The advisory
committee shall select a Chair and Vice Chair from among its
members by majority vote.
``(3) Duties.--The advisory committee shall--
``(A) provide recommendations to the Board on an
annual basis regarding the priorities for the
activities of the Center;
``(B) consult with the Board on an ongoing basis
regarding the appropriate powers of the Board to
accomplish the purposes and duties of the Center; and
``(C) provide relevant data and information to the
Center in order to carry out the duties set forth in
subsection (d).
``(4) Meetings.--The provisions for meetings of the Board
under subsection (b)(5) shall apply as similarly as is
practicable to meetings of the advisory committee.
``(i) Working Groups.--
``(1) In general.--The Board may establish working groups
as determined necessary and appropriate to achieve the purpose
of the Center under subsection (c).
``(2) Membership.--Any working group established by the
Board shall be composed of private sector representatives,
stakeholder associations, members of the public, labor
representatives, and other relevant parties, as determined
appropriate by the Board. Once established, the membership of
such working group shall choose a Chair from among the members
of the working group by majority vote.
``(j) CAREER Council.--
``(1) Establishment.--Not later than September 30, 2026,
the Executive Director, in coordination with the Secretary,
shall establish a council (in this section referred to as the
`CAREER Council') for the CAREER Program established under
section 40131.
``(2) Duties.--The CAREER Council shall aid the Secretary
and the Center in carrying out the CAREER Program by reviewing
grant applications and recommending grant recipients.
``(3) Appointment.--The CAREER Council shall be appointed
from candidates nominated by national associations representing
various sectors of the aviation industry, including--
``(A) general aviation;
``(B) commercial aviation;
``(C) aviation labor, including collective
bargaining representatives of Federal Aviation
Administration aviation safety inspectors, aviation
safety engineers, and air traffic controllers;
``(D) aviation maintenance, repair, and overhaul;
and
``(E) unmanned aviation.
``(4) Term.--Each council member appointed under paragraph
(3) shall serve a term of 4 years.
``(k) Annual Report.--The Board shall submit an annual report to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that, at minimum, includes a review and
examination of--
``(1) the activities performed as set forth in subsection
(d) during the prior fiscal year;
``(2) the advisory committee described in subsection (h);
``(3) the working groups described in subsection (i); and
``(4) the Cooperative Aviation Recruitment, Enrichment, and
Employment Readiness Program and related activities established
under section 40131, including activities of the CAREER Council
established under subsection (j).
``(l) Audit by Department of Transportation Inspector General.--
``(1) In general.--Not later than 2 years after the date on
which the Center is established under subsection (a), the
inspector general of the Department of Transportation shall
conduct a review of the Center.
``(2) Contents.--The review shall--
``(A) include, at a minimum, an evaluation of the
efforts taken at the Center to achieve the purpose set
forth in subsection (c); and
``(B) provide any other information that the
inspector general determines is appropriate.
``(3) Report on audit.--
``(A) Report to secretary.--Not later than 30 days
after the date of completion of the audit, the
inspector general shall submit to the Secretary a
report on the results of the audit.
``(B) Report to congress.--Not later than 60 days
after the date of receipt of the report under
subparagraph (A), the Secretary shall submit to the
appropriate committees of Congress a copy of the
report, together with, if appropriate, a description of
any actions taken or to be taken to address the results
of the audit.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to the National Center for the Advancement of Aerospace
out of the Airport and Airway Trust Fund to carry out this section--
``(1) $10,000,000 for fiscal year 2024;
``(2) $10,000,000 for fiscal year 2025;
``(3) $10,000,000 for fiscal year 2026;
``(4) $11,000,000 for fiscal year 2027; and
``(5) $11,000,000 for fiscal year 2028.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by inserting after the item relating to
section 119 the following:
``120. National Center for the Advancement of Aerospace.''.
SEC. 304. COOPERATIVE AVIATION RECRUITMENT, ENRICHMENT, AND EMPLOYMENT
READINESS PROGRAM.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 40131. Cooperative Aviation Recruitment, Enrichment, and
Employment Readiness Program
``(a) Establishment.--Not later than September 30, 2026, the
Secretary of Transportation, through the National Center for the
Advancement of Aerospace (in this section referred to as the `Center'),
shall establish an aviation workforce cooperative development program
to be known as the Cooperative Aviation Recruitment, Enrichment, and
Employment Readiness Program (in this section referred to as the
`CAREER Program') to support the education, recruitment, training, and
retention of future aviation professionals, including veterans of the
Armed Forces, and the development of a robust United States aviation
workforce by--
``(1) using relevant workforce forecasts to predict and
identify aviation-related workforce challenges; and
``(2) funding projects that address such challenges and
help to sustain the long-term growth of civil aviation.
``(b) Implementation.--
``(1) Partnership with ncaa.--In implementing the CAREER
Program established under subsection (a), the Secretary shall
partner with the CAREER Council established in subsection (j)
of section 120.
``(2) Nondelegation.--Except as provided in paragraph (3),
the Secretary may not delegate any of the authorities or
responsibilities under this section to the Administrator of the
Federal Aviation Administration.
``(3) Support.--To support the administration of the CAREER
Program, the Secretary may assign employees of the Department
of Transportation, including employees of the Federal Aviation
Administration, on detail to the Center.
``(c) Solicitation, Review, and Evaluation Process.--In carrying
out the CAREER Program, the Secretary shall establish a solicitation,
review, and evaluation process that ensures funds made available to
carry out this section are awarded to eligible entities with proposals
that have adequate merit and relevancy to the mission of the program.
``(d) Eligible Entities.--An eligible entity under this section
is--
``(1) an air carrier;
``(2) an entity that holds management specifications under
subpart K of title 91 of title 14, Code of Federal Regulations;
``(3) a holder of a certificate issued under parts 139,
145, or 147 of title 14, Code of Federal Regulations;
``(4) an 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(c) of the Higher Education Act of 1965 (20 U.S.C.
1002)), or a high school or secondary school (as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(5) a flight school that provides flight training, as
defined in part 61 of title 14, Code of Federal Regulations, or
that holds a pilot school certificate under part 141 of title
14, Code of Federal Regulations;
``(6) an aviation labor organization;
``(7) a State, local, territorial, or Tribal government,
including a political subdivision thereof;
``(8) an aviation-related nonprofit organization described
in section 501(c)(3) of the Internal Revenue Code of 1986 that
is exempt from taxation under section 501(a) of such Code;
``(9) an entity that--
``(A) actively designs or manufactures any
aircraft, aircraft engine, propeller, or appliance, or
a component, part, or system thereof, covered under a
type or production certificate issued under section
44704; and
``(B) has significant operations in the United
States and a majority of the employees of such entity
that are engaged in aviation manufacturing or
development activities and services are based in the
United States; or
``(10) a non-profit organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from taxation under 501(a) of such Code that assists veterans
of the Armed Forces seeking to transition to careers in civil
aviation.
``(e) Reporting and Monitoring Requirements.--The Secretary shall
establish reasonable reporting and monitoring requirements for grant
recipients under this section to measure relevant outcomes of the
program maintained pursuant to subsection (a).
``(f) Report.--Not later than September 30, 2027, and annually
through fiscal year 2028, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on the program that includes--
``(1) a summary of projects awarded grants under this
section and the progress of each recipient towards fulfilling
program expectations;
``(2) an evaluation of how such projects cumulatively
impact the future supply of individuals in the U.S. aviation
workforce, including best practices or programs to incentivize,
recruit, and retain individuals in aviation professions;
``(3) recommendations for better coordinating actions by
governmental entities, educational institutions, and
businesses, aviation labor organizations, or other stakeholders
to support aviation workforce growth; and
``(4) a review of how many recipients engaged veteran
populations and how many veterans were recruited and retrained
as part of the aviation workforce.
``(g) Notice of Grants.--
``(1) Timely public notice.--The Secretary shall provide
public notice of any grant awarded under the CAREER Program in
a timely fashion after the Secretary awards such grant.
``(2) Notice to congress.--The Secretary shall provide
advance notice of a grant to be made under the CAREER Program
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
``(h) Authorization of Appropriations.--Of the amounts made
available under section 48105, $50,000,000 for each of fiscal years
2027 and 2028 is authorized to be expended to provide grants under the
program established under subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 401 of title 49,
United States Code, is amended by adding at the end the following:
``40131. Cooperative Aviation Recruitment, Enrichment, and Employment
Readiness Program.''.
SEC. 305. REPEAL OF DUPLICATIVE OR OBSOLETE WORKFORCE PROGRAMS.
(a) Repeal.--Sections 44510 and 44515 of title 49, United States
Code, are repealed.
(b) Clerical Amendments.--The analysis for chapter 445 of title 49,
United States Code, is amended by striking the items relating to
sections 44510 and 44515.
SEC. 306. CIVIL AIRMEN STATISTICS.
(a) Publication Frequency.--The Administrator of the Federal
Aviation Administration shall publish the study commonly referred to as
the ``U.S. Civil Airmen Statistics'' on a monthly basis.
(b) Presentation of Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a web-based dashboard
for purposes of presenting the findings of the study described
in subsection (a).
(2) Downloadable format.--The Administrator shall make the
data publicly available on the website of the Administration in
a downloadable format.
(c) Expanded Data Criteria.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall ensure that data sets
and tables published as part of the study described in subsection (a)
display information relating to the sex of certificate holders in more
instances.
(d) Historical Data.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall make all previously
published annual data from the study described in subsection (a)
available on the website of the Administration.
SEC. 307. BESSIE COLEMAN WOMEN IN AVIATION ADVISORY COMMITTEE.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a Bessie Coleman Women in Aviation Advisory Committee (hereinafter
referred to as the ``Committee'').
(b) Purpose.--The Committee shall advise the Secretary and the
Administrator of the Federal Aviation Administration on matters and
policies related to the recruitment, retention, employment, education,
training, well-being, and treatment of women in the aviation industry
and aviation-focused Federal civil service positions.
(c) Form of Directives.--All activities carried out by the
Committee, including special committees, shall be in response to
written terms of reference or taskings from the Secretary and may not
duplicate the objectives of the Air Carrier Training Aviation
Rulemaking Committee.
(d) Functions.--In carrying out the directives described in
subsection (c), the functions of the Committee are as follows:
(1) Foster industry collaboration in an open and
transparent manner by engaging, as prescribed by this section,
representatives of the private sector associated with an entity
described in subsection (e)(1)(B).
(2) Make recommendations for strategic objectives,
priorities, and policies that would improve the recruitment,
retention, and training of women in aviation professions.
(3) Evaluate opportunities for the Administration to
improve the recruitment and retention of women in the
Administration.
(e) Membership.--
(1) Voting members.--The Advisory Committee shall be
composed of the following members:
(A) The Administrator, or the designee of the
Administrator.
(B) At least 25 individuals, appointed by the
Secretary, representing the following:
(i) Transport aircraft and engine
manufacturers.
(ii) General aviation aircraft and engine
manufacturers.
(iii) Avionics and equipment manufacturers.
(iv) Public and private aviation labor
organizations, including collective bargaining
representatives of--
(I) aviation safety inspectors and
safety engineers of the Federal
Aviation Administration;
(II) air traffic controllers;
(III) certified aircraft
maintenance technicians; and
(IV) commercial airline pilots.
(v) General aviation operators.
(vi) Air carriers.
(vii) Business aviation operators.
(viii) Unmanned aircraft systems
manufacturers and operators.
(ix) Aviation safety management experts.
(x) Aviation maintenance, repair, and
overhaul entities.
(xi) Airport owners and operators.
(xii) Advanced air mobility manufacturers
and operators.
(xiii) Institutions of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)), a postsecondary
vocational institution (as defined in section
102(c) of the Higher Education Act of 1965 (20
U.S.C. 1002)), or a high school or secondary
school (as such terms are defined in section
8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801)).
(xiv) A flight school that provides flight
training, as defined in part 61 of title 14,
Code of Federal Regulations, or that holds a
pilot school certificate under part 141 of
title 14, Code of Federal Regulations.
(xv) Aviation maintenance technician
schools governed under part 147 of title 14,
Code of Federal Regulations.
(2) Nonvoting members.--
(A) In general.--In addition to the members
appointed under paragraph (1), the Committee shall be
composed of not more than 5 nonvoting members appointed
by the Secretary from among officers or employees of
the FAA.
(B) Duties.--The nonvoting members may--
(i) take part in deliberations of the
Committee; and
(ii) provide subject matter expertise with
respect to reports and recommendations of the
Committee.
(C) Limitation.--The nonvoting members may not
represent any stakeholder interest other than that of
the FAA.
(3) Terms.--Each voting member and nonvoting member of the
Committee appointed by the Secretary shall be appointed for a
term of 4 years.
(4) Committee characteristics.--The Committee shall have
the following characteristics:
(A) The ability to obtain necessary information
from additional experts in the aviation and aerospace
communities.
(B) A membership size that enables the Committee to
have substantive discussions and reach consensus on
issues in a timely manner.
(C) Appropriate expertise, including expertise in
human resources, human capital management, policy,
labor relations, employment training, workforce
development, and youth outreach.
(f) Chairperson.--
(1) In general.--The Chairperson of the Committee shall be
appointed by the Secretary from among the voting members of the
Committee under subsection (e)(1)(B).
(2) Term.--The Chairperson shall serve a 2-year term.
(g) Meetings.--
(1) Frequency.--The Committee shall meet at least twice
each year at the call of the Chairperson or the Secretary.
(2) Public attendance.--The meetings of the Committee shall
be open and accessible to the public.
(h) Special Committees.--
(1) Establishment.--The Committee may establish special
committees composed of private sector representatives, members
of the public, labor representatives, and other relevant
parties in complying with the consultation and participation
requirements under subsection (d).
(2) Authorities.--A special committee established by the
Committee may provide rulemaking advice, recommendations, and
additional opportunities to obtain firsthand information to the
Committee with respect to issues regarding the advancement of
women in aviation.
(3) Applicable law.--Public Law 92-463 shall not apply to a
special committee established by the Committee.
(i) Personnel Matters.--
(1) No compensation of members.--
(A) Non-federal employees.--A member of the
Committee who is not an officer or employee of the
Federal Government shall serve without compensation.
(B) Federal employees.--A member of the Committee
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(2) Travel expenses.--The members of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Committee.
(j) Reports.--The Committee shall submit to the Secretary, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report upon completion of each tasking
summarizing the Committee's--
(1) findings and associated recommendations to improve the
advancement of women in aviation; and
(2) planned activities of the Committee, as tasked by the
Secretary, and proposed terms of work to fulfill each activity.
(k) Sunset.--The Committee shall terminate on the last day of the
8-year period beginning on the date of the initial appointment of the
members of the Committee.
(l) FAA Defined.--In this section, the term ``FAA'' means the
Federal Aviation Administration.
SEC. 308. ESTABLISHING A COMPREHENSIVE WEB-BASED AVIATION RESOURCE
CENTER.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall partner with the National Center for the Advancement of Aerospace
(in this section referred to as the ``Center'') to establish a high-
quality, web-based resource center that provides stream-lined public
access to information sources on the following:
(1) Aviation pathway programs and professional development
opportunities.
(2) Aviation apprenticeship, scholarship, and internship
programs.
(3) Aviation-related curricula and resources about aviation
occupations and career pathways developed for students,
teachers, and guidance counselors at all levels of education.
(4) Aviation industry organizations.
(b) Leveraging FAA Education, Research, and Partnership Programs.--
In carrying out subsection (a)(3), the Administrator and the Executive
Director of the Center, in partnership with museums, nonprofit
organizations, and commercial entities, shall, to the maximum extent
practicable, leverage field and regional offices of the Federal
Aviation Administration, the Mike Monroney Aeronautical Center, the
William J. Hughes Technical Center for Advanced Aerospace, Air
Transportation Centers of Excellence, and the Aviation and Space
Education program of the Federal Aviation Administration to develop an
array of educational and informative aviation-related educational
activities and materials for students of varying ages and levels of
education to use in the classroom, for after-school programs and at
home.
(c) Briefing.--Not later than 2 year after the date of the
enactment of this Act, the Administrator shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Technology of the Senate on--
(1) the web-based aviation resource center established
under subsection (a); and
(2) the manner in which the education development and
engagement activities of the Federal Aviation Administration
are organized and funded.
SEC. 309. DIRECT HIRE AUTHORITY FROM UAS COLLEGIATE TRAINING
INITIATIVE.
(a) In General.--The Administrator of the Federal Aviation
Administration may hire individuals from eligible institutions of
higher education under the Unmanned Aircraft System Collegiate Training
Initiative (in this section referred to as ``UAS CTI''), as established
in section 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101
note), without regard to--
(1) sections 3309 through 3318 of title 5, United States
Code;
(2) part 211 of title 5, Code of Federal Regulations; or
(3) subpart A of part 337 of title 5, Code of Federal
Regulations.
(b) Eligibility.--Individuals eligible for employment by the
Administrator under subsection (a) shall--
(1) be in good standing or have graduated in good standing
from an institution of higher education with a signed
memorandum of understanding under the UAS CTI;
(2) hold or have completed the majority of a related
Bachelors or Associates degree, as described by the eligibility
requirements of the UAS CTI;
(3) have completed all requirements for a related minor,
concentration, or certificate, as described by the eligibility
requirements of the UAS CTI; or
(4) meet any other criteria as considered appropriate by
the Administrator.
(c) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Good standing.--The term ``good standing'' means in
good standing, as determined by the applicable institution of
higher education.
(d) Sunset.--The authority of the Administrator under this section
shall terminate on September 30, 2028.
Subtitle B--Improving Training and Rebuilding Talent Pipelines
SEC. 311. JOINT AVIATION EMPLOYMENT TRAINING WORKING GROUP.
(a) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
an interagency working group (in this section referred to as the
``working group'') to advise the Secretary of Transportation and the
Secretary of Defense on matters and policies related to the training
and certification of a covered aviation professional to improve career
transition between the military and civilian workforces.
(b) Membership.--
(1) In general.--The working group shall consist of--
(A) 2 co-chairs described in paragraph (2);
(B) not less than 6 representatives of the Federal
Aviation Administration, to be appointed by the co-
chair described in paragraph (2)(A); and
(C) not less than 1 representative of each
component of the armed forces (as such term is defined
in section 101 of title 10, United States Code), to be
appointed by the co-chair described in paragraph
(2)(B).
(2) Co-chairs.--The working group shall be co-chaired by--
(A) a representative of the Department of
Transportation, to be appointed by the Secretary of
Transportation; and
(B) a representative of the Department of Defense,
to be appointed by the Secretary of Defense.
(c) Activities.--The working group shall--
(1) evaluate and compare all regulatory requirements,
guidance, and orders affecting covered aviation professionals
and identify challenges that inhibit recruitment, training, and
retention within the respective workforces of such
professionals; and
(2) assess appropriate areas for increased interagency
information sharing and harmonization across workforces on
matters related to certification pathways and certification
requirements, including knowledge testing, affecting covered
aviation professionals.
(d) Initial Report to Congress.--
(1) In general.--Not later than 1 year after the date on
which the Secretary of Transportation establishes the working
group, the working group shall submit to the appropriate
committees of Congress an initial report on the activities of
the working group.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a detailed description of the findings of the
working group pursuant to the activities required under
subsection (c); and
(B) recommendations for regulatory, policy, or
legislative action to improve the training and
certification of covered aviation professionals across
the civilian and military workforces.
(e) Annual Reporting.--Not later than 1 year after the date on
which the working group submits the initial report under subsection
(d), and annually thereafter, the working group shall submit to the
appropriate committees of Congress a report--
(1) describing the continued activities of the working
group;
(2) describing any progress made by the Secretary of
Transportation or Secretary of Defense in implementing the
recommendations described in subsection (d)(2)(B); and
(3) containing any other recommendations the working group
may have with respect to efforts to improve the employment and
training of covered aviation professionals in the civilian and
military workforces.
(f) Sunset.--The working group shall terminate on the date that is
4 years after the date on which the working group submits the initial
report to Congress pursuant to subsection (d).
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services of the House of
Representatives;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(D) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Covered aviation profession.--The term ``covered
aviation professional'' means--
(A) an airman;
(B) an aircraft maintenance and repair technician;
(C) an air traffic controller; and
(D) any other aviation-related professional that
has comparable tasks and duties across the civilian and
military workforces, as determined jointly by the co-
chairs of the working group.
SEC. 312. AIRMAN KNOWLEDGE TESTING WORKING GROUP.
(a) Working Group.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall task the Aviation Rulemaking Advisory Committee to
establish a working group to review knowledge testing processes and
procedures to improve the facilitation, administration, and
accessibility of knowledge tests.
(b) Activities.--The working group established pursuant to
subsection (a) shall--
(1) assess methods to increase knowledge testing capacity,
including through--
(A) the adoption of alternative proctoring methods;
and
(B) increased utilization of pilot schools that
hold a pilot school certificate under part 141 of title
14, Code of Federal Regulations, and aviation
maintenance technician schools governed under part 147
of title 14, Code of Federal Regulations; and
(2) evaluate the following:
(A) The management and provision of knowledge tests
by testing centers.
(B) The testing registration process for students.
(C) Student access to knowledge tests.
(D) Fees associated with knowledge tests.
(E) The accuracy of public sample knowledge tests
available to students.
(F) Development and maintenance of knowledge tests
and forms.
(c) Mechanic General Knowledge Test.--In addition to the activities
under subsection (b), the Aviation Rulemaking Advisory Committee shall
task the working group established pursuant to subsection (a) with
assessing opportunities to allow a high school student upon successful
completion of an aviation maintenance curriculum to take the general
written knowledge portion of the mechanic exam described in section
65.75 of title 14, Code of Federal Regulations, at an Administration-
approved testing center.
(d) Report.--Not later than 18 months after the Aviation Rulemaking
Advisory Committee tasks the working group under subsection (a), the
working group shall submit to the Administrator a final report making
recommendations to improve the facilitation, administration, and
accessibility of knowledge tests.
(e) Definitions.--In this section:
(1) High school.--The term ``high school'' has the meaning
given such term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Knowledge test.--The term ``knowledge test'' means a
test prescribed under parts 61 and 65 of title 14, Code of
Federal Regulations.
(3) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 313. AIRMAN CERTIFICATION SYSTEM WORKING GROUP AND TIMELY
PUBLICATION OF STANDARDS.
(a) Working Group.--The Administrator of the Federal Aviation
Administration shall task the Airman Certification System Working Group
established under the Aviation Rulemaking Advisory Committee of the
Administration to review Airman Certification Standards to ensure that
airman proficiency and knowledge correlates and corresponds to
regulations, procedures, equipment, aviation infrastructure, and safety
trends at the time of such review.
(b) ACS Publication.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall publish on the website of the Administration--
(1) the process by which the Airman Certification Standards
are to be established, updated, and maintained;
(2) the process by which relevant guidance documents,
handbooks, and test materials associated with such standards
are to be established, updated, and maintained; and
(3) any anticipated or required updates to such standards,
including providing a date by which such modifications can be
expected to be completed and made available to the public.
SEC. 314. AIR TRAFFIC CONTROL WORKFORCE STAFFING.
(a) Responsibility for Controller Workforce Plan.--
(1) Air traffic controller staffing initiatives and
analysis.--Section 221 of the Vision 100-Century of Aviation
Reauthorization Act (49 U.S.C. 44506 note) is amended by
striking ``Administrator of the Federal Aviation
Administration'' and inserting ``Chief Operating Officer of the
Air Traffic Organization of the Federal Aviation
Administration''.
(2) Staffing report.--Section 44506(e) of title 49, United
States Code, is amended in the matter before paragraph (1) by
striking ``Administrator of the Federal Aviation
Administration'' and inserting ``Chief Operating Officer of the
Air Traffic Organization of the Federal Aviation
Administration''.
(b) Maximum Hiring.--Subject to the availability of appropriations,
for each of fiscal years 2024 through 2028, the Administrator of the
Federal Aviation Administration shall set as the hiring target for new
air traffic controllers (excluding individuals described in section
44506(f)(1)(A) of title 49, United States Code) the maximum number of
individuals able to be trained at the Federal Aviation Administration
Academy.
(c) Hiring and Staffing.--The Chief Operating Officer of the
Federal Aviation Administration shall revise the air traffic control
hiring plans and staffing standards of the Administration to--
(1) provide that the controller and management workforce is
adequately staffed to safely and efficiently manage and oversee
the air traffic control system to the satisfaction of the Chief
Operating Officer;
(2) account for the target number of certified professional
controllers able to control traffic at each independent
facility; and
(3) avoid any required or requested reduction of national
airspace system capacity or aircraft operations as a result of
inadequate air traffic control system staffing.
(d) Interim Adoption of Collaborative Resource Workgroup Models.--
(1) In general.--In carrying out subsection (c) and in
submitting a Controller Workforce Plan of the Administration
published after the date of enactment of this Act, the Chief
Operating Officer shall adopt and utilize the staffing models
and methodologies developed by the Collaborative Resource
Workgroup that were recommended in a report submitted to the
Administrator and referenced in the Controller Workforce Plan
submitted to Congress on May 5, 2023.
(2) Sunset.--The requirement under paragraph (1) shall
cease to be effective upon the adoption of a staffing model
required under subsection (f).
(e) Assessment.--
(1) Review.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall enter into an
agreement with the Transportation Research Board to--
(A) compare the Administration's staffing models
and methodologies in determining staffing standards
targets with those developed by the Collaborative
Resource Workgroup, including--
(ii) the availability factor multiplier and
other formula components; and
(iii) the independent facility staffing
targets of certified professional controllers
able to control traffic; and
(B) assess future needs of the air traffic control
system and potential impacts on staffing standards.
(2) Report.--
(A) Findings.--In carrying out this subsection, the
Transportation Research Board shall--
(i) report to the Administrator and
Congress on the findings of the review under
this subsection; and
(ii) determine which staffing models and
methodologies best accounts for the operational
staffing needs of the air traffic control
system and provide a justification for such
determination.
(B) Modifications to identified model.--The
Transportation Research Board may make recommendations
to improve the staffing model described in (2)(A)(ii).
(3) Consultation.--In conducting the assessment under this
subsection, the Transportation Research Board shall consult
with--
(A) exclusive bargaining representatives of air
traffic controllers certified under section 7111 of
title 5, United States Code;
(B) Administration officials and executives;
(C) front line managers of the air traffic control
system;
(D) managers and employees responsible for training
air traffic controllers;
(E) the MITRE Corporation;
(F) the Chief Operating Officer of the Air Traffic
Organization of the Federal Aviation Administration;
and
(G) users of the air traffic control system.
(f) Required Implementation of Identified Staffing Model.--The
Administrator shall take such action that may be necessary to adopt and
utilize the staffing model identified by the Transportation Research
Board pursuant to subsection (e)(2)(A)(ii), including any
recommendations for improving such model.
(g) Controller Training.--In any Controller Workforce Plan of the
Administration published after the date of enactment of this Act, the
Chief Operating Officer shall--
(1) identify all limiting factors on the Administration's
ability to hire and train controllers in line with the staffing
standards target set out in such Plan; and
(2) describe what actions the Administration will take to
rectify any impediments to meeting staffing standards targets
and identify contributing factors that are outside the control
of the Administration.
SEC. 315. AVIATION SAFETY WORKFORCE ASSESSMENT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall assess, on a recurring basis, staffing levels,
critical competencies, and skills gaps of safety critical positions in
the Flight Standards Service and Aircraft Certification Service and
within other offices of the Administration that support such services.
(b) Considerations.--In completing the assessment described in
subsection (a), the Administrator shall--
(1) evaluate the workload at the time of the assessment,
historic workload, and estimated future workload of such
personnel;
(2) conduct a critical competency and skills gap analysis
to determine the knowledge and skill sets needed for work at
the time of the assessment and anticipated work, with an
emphasis on work pertaining to--
(A) new and novel aircraft propulsion and power
methods;
(B) simplified vehicle operations and human
factors; and
(C) autonomy, machine learning, and artificial
intelligence;
(3) compare the outcome of such analysis described in
paragraph (2) to the competency and skills of the workforce at
the time of the assessment; and
(4) review opportunities for employees of the
Administration to gain or enhance expertise, knowledge, skills,
and abilities through cooperative training with appropriate
companies and organizations; and
(5) develop hiring and recruitment plans to--
(A) address hard to fill positions; and
(B) address competency and skill gaps at various
levels of experience and management within Flight
Standards Service and Aircraft Certification Service.
(c) Report.--Upon completion of an assessment described in
subsection (a), the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing the following:
(1) The methodology and findings of the assessment
described in subsection (a), including an analysis of hiring
authorities of the Administration at the time of the
assessment, including direct hiring authorities, by occupation
series for inspector, engineer, and other safety critical
positions within Flight Standards Service and Aircraft
Certification Service.
(2) Action based recommendations the Administration can
take to improve--
(A) the Aviation Safety Workforce Plan;
(B) the skill sets and competencies of inspectors,
engineers, and other safety critical positions at the
time of the assessment;
(C) competition with industry and other non-
aviation sectors for candidates with identified
competencies and technical skill sets; and
(D) overall hiring and retention of inspectors,
engineers, and other critical positions.
(3) Actions Congress can take to improve the recruitment,
hiring, upskilling, and retention of inspectors, engineers, and
other safety critical positions in Flight Standards Service and
Aircraft Certification Service and within other offices of the
Administration that support such services.
(d) Safety Critical Position Defined.--In this section, the term
``safety critical position'' means--
(1) an aviation safety inspector, an aviation safety
specialist (denoted by the Administration as 1801 series), an
aviation safety technician, and an operations support position
in the Flight Standards Service; and
(2) a manufacturing safety inspector, a pilots, an
engineer, a Chief Scientist Technical Advisor, an aviation
safety specialist (denoted by the Administration as 1801
series), a safety technical specialist, and an operational
support position in the Aircraft Certification Service.
SEC. 316. MILITARY AVIATION MAINTENANCE.
(a) Streamlined Certification for Eligible Military Maintenance
Technicians.--Not later than 1 year after the interagency working group
in section 311 of this Act is convened, the Administrator of the
Federal Aviation Administration shall task such working group with
evaluating the appropriateness of revising part 65 of title 14, Code of
Federal Regulations, to--
(1) create a mechanic written competency test for eligible
military maintenance technicians;
(2) develop, as necessary, a relevant Airman Certification
Standard to qualify eligible military maintenance technicians
for a mechanic certificate issued by the Federal Aviation
Administration with an airframe rating or a powerplant rating,
or both; 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 for eligible military maintenance
technicians.
(b) Final Rule.--If the working group finds that revising part 65
of title 14, Code of Federal Regulations, as described in section (a)
is appropriate, not later than 1 year after the finding, the
Administrator shall issue a final rule that revises part 65 of title
14, Code of Federal Regulations, as described in subsection (a).
(c) Aeronautical Knowledge Subject Areas.--
(1) In general.--The military mechanic written competency
test and Airman Certification Standard described in subsection
(a)(1) and subsection (a)(2), respectively, shall focus on the
aeronautical knowledge subject areas contained in the Aviation
Mechanic General, Airframe, and Powerplant Airman Certificate
Standards, as appropriate to the rating sought.
(2) Identification of subject areas.--The aeronautical
knowledge subject areas described in paragraph (1) shall be
identified in consultation with industry stakeholders and the
Airman Certification System Working Group.
(d) Expansion of Testing Locations.--The interagency working group
described in subsection (a) 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.
(e) Outreach and Awareness.--The interagency working group
described in subsection (a) 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 described
in subsection (a), if appropriate.
(f) Eligible Military Maintenance Technician Defined.--In this
section, the term ``eligible military maintenance technician'' means an
individual who is a current or former military aviation maintenance
technician who was honorably discharged or has retired from the armed
forces (as such term is defined in section 101 of title 10, United
States Code).
Subtitle C--Engaging and Retaining the Workforce
SEC. 321. AIRMAN'S MEDICAL BILL OF RIGHTS.
(a) In General.--
(1) Development.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a document (in this
section referred to as the ``Airman's Medical Bill of Rights'')
detailing the right of an individual before, during, and after
a medical exam conducted by an Aviation Medical Examiner.
(2) Contents.--The Airman's Medical Bill of Rights required
under paragraph (1) shall, at a minimum, contain information
about the right of an individual to--
(A) bring a trusted companion or request to have a
chaperone present for a medical exam;
(B) terminate an exam at any time and for any
reason;
(C) receive care with respect and recognition of
the dignity of the individual;
(D) be assured of privacy and confidentiality;
(E) select an Aviation Medical Examiner without
interference;
(F) privacy when changing, undressing, and using
the restroom;
(G) ask questions about the health status of the
individual or any suggested treatments or evaluations,
and to have such questions fully answered;
(H) report an incident of misconduct by an Aviation
Medical Examiner to the appropriate authorities,
including to the State licensing board of the Aviation
Medical Examiner or the Federal Aviation
Administration;
(I) report to the Administrator an allegation
regarding alleged Aviation Medical Examiner misconduct
without fear of retaliation or negative action relating
to an airman certificate of the individual; and
(J) be advised of any known conflicts of interest
an Aviation Medical Examiner may have with respect to
the care of the individual.
(3) Public availability.--The Airman's Medical Bill of
Rights required under paragraph (1) shall be--
(A) made available to, and acknowledged by, an
individual in the MedXpress system;
(B) made available in a hard-copy format by an
Aviation Medical Examiner at the time of exam upon
request by an individual; and
(C) displayed in a common space in the office of
the Aviation Medical Examiner.
(b) Expectations for Medical Examinations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop a
simplified document explaining the standard procedures
performed during a medical examination conducted by an Aviation
Medical Examiner.
(2) Public availability.--The document required under
paragraph (1) shall be--
(A) made available to, and acknowledged by, an
individual in the MedXpress system;
(B) made available in a hard-copy format by an
Aviation Medical Examiner at the time of exam upon
request by an individual; and
(C) displayed in a common space in the office of
the Aviation Medical Examiner.
SEC. 322. IMPROVED DESIGNEE MISCONDUCT REPORTING PROCESS.
(a) Improved Designee Misconduct Reporting Process.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a streamlined process
for individuals involved in incidents of alleged misconduct by
a designee to report such incidents in a manner that protects
the privacy and confidentiality of such individuals.
(2) Public access to reporting process.--The process for
reporting alleged misconduct by a designee shall be made
available to the public on the website of the Administration,
including--
(A) the designee locator search webpage; and
(B) the webpage of the Office of Audit and
Evaluation of the Federal Aviation Administration.
(3) Obligation to report criminal charges.--Not later than
90 days after the date of enactment of this Act, the
Administrator shall revise the orders and policies governing
the Designee Management System to clarify that designees are
obligated to report any arrest, indictment, or conviction for
violation of a local, State, or Federal law within a period of
time specified by the Administrator.
(4) Audit of reporting process by inspector general.--
(A) In general.--Not later than 3 years after the
date on which the Administrator finalizes the update of
the reporting process under paragraph (1), the
inspector general of the Department of Transportation
shall conduct an audit of such reporting process.
(B) Contents.--In conducting the audit of the
reporting process described in subparagraph (A), the
inspector general shall, at a minimum--
(i) review the efforts of the
Administration to improve the reporting process
and solutions developed to respond to and
investigate allegations of misconduct;
(ii) analyze reports of misconduct brought
to the Administrator prior to any changes made
to the reporting process as a result of the
enactment of this Act, including the ultimate
outcomes of those reports and whether any
reports resulted in the Administrator taking
action against the accused designee;
(iii) determine whether the reporting
process results in appropriate action,
including reviewing, investigating, and closing
out reports; and
(iv) if applicable, make recommendations to
improve the reporting process.
(C) Report.--Not later than 1 year after the date
of initiation of the audit described in subparagraph
(A), the inspector general shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
the results of such audit, including findings and
recommendations.
(b) Designee Defined.--In this section, the term ``designee'' means
an individual who has been designated to act as a representative of the
Administrator as--
(1) an Aviation Medical Examiner (as described in section
183.21 of title 14, Code of Federal Regulations);
(2) a pilot examiner (as described in section 183.23 of
such title); or
(3) a technical personnel examiner (as described in section
183.25 of such title).
SEC. 323. REPORT ON SAFE UNIFORM OPTIONS FOR CERTAIN AVIATION
EMPLOYEES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall conduct a review to determine whether air carriers
operating under part 121 of title 14, Code of Federal Regulations, and
repair stations certificated under part 145 of such title have in place
uniform policies and uniform offerings that ensure pregnant employees
can perform required duties safely.
(b) Consultation.--In conducting the review required under
subsection (a), the Administrator shall consult with air carriers and
repair stations described in subsection (a) and employees of such air
carriers and such stations who are required to adhere to a uniform
policy.
(c) Briefing.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall 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 results of the review required under subsection (a).
SEC. 324. EXTENSION OF SAMYA ROSE STUMO NATIONAL AIR GRANT FELLOWSHIP
PROGRAM.
Section 131(d) of the Aircraft Certification, Safety, and
Accountability Act (49 U.S.C. 40101 note) is amended by striking
``fiscal years 2021 through 2025'' and inserting ``fiscal years 2023
through 2028''.
SEC. 325. PROMOTION OF CIVIL AERONAUTICS AND SAFETY OF AIR COMMERCE.
Section 40104 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``In carrying out'' and
all that follows through ``other interested organizations.'';
(2) by redesignating subsection (d) as subsection (e);
(3) by redesignating subsection (b) as subsection (d); and
(4) by redesignating subsection (c) as subsection (b) and
reordering the subsections accordingly.
SEC. 326. EDUCATIONAL AND PROFESSIONAL DEVELOPMENT.
Section 40104 of title 49, United States Code, is further amended
by inserting after subsection (b) (as redesignated by section 325) the
following:
``(c) Educational and Professional Development.--
``(1) In general.--In carrying out subsection (a), the
Administrator shall support and undertake efforts, including
through the National Center for the Advancement of Aerospace,
to promote and support the education of current and future
aerospace professionals.
``(2) Education materials.--Based on the availability of
resources, the Administrator shall distribute civil aviation
information, and educational materials, and provide expertise
to State and local school administrators, college and
university officials, and officers of other interested
organizations and entities.
``(3) Support for professional development and continuing
education.--To the extent a nonprofit organization,
association, industry group, educational institution,
collective bargaining unit, governmental organization, or other
entity that organizes or hosts a lecture, conference,
convention, meeting, round table, or any other type of program
with the purpose of sharing educational information related to
aerospace with a broad audience, the Administrator shall--
``(A) strongly consider accepting an invitation to
attend, present, and contribute to content generation;
and
``(B) make efforts to share information each year,
putting a particular emphasis on reaching audiences
consisting of representatives of the Administrator and
entities regulated entities by the Administrator.
``(4) Content.--In planning for the opportunities under
paragraph (3), the Administrator shall maintain presentations
and content covering topics of broad relevance, including--
``(A) ethical decision-making and the
responsibilities of aerospace professionals;
``(B) managing a workforce, encouraging proper
reporting of prospective safety issues, and educating
employees on safety management systems; and
``(C) responsibilities as a designee or
representative of the Administrator.''.
SEC. 327. HUMAN FACTORS PROFESSIONALS.
The Administrator of the Federal Aviation Administration shall
establish a new work code for human factors professionals who--
(1) perform work involving the design and testing of
technologies, processes, and systems which require effective
and safe human performance;
(2) generate and apply theories, principles, practical
concepts, systems, and processes related to the design and
testing of technologies, systems, and training programs to
support and evaluate human performance in work contexts; and
(3) meet education or experience requirements as determined
by the Administrator.
SEC. 328. AEROMEDICAL INNOVATION AND MODERNIZATION WORKING GROUP.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a working group (in this section
referred to as the ``working group'') to review the medical processes,
policies, and procedures of the Administration and to make
recommendations to the Administrator on modernizing such processes,
policies, and procedures to ensure timely and efficient certification
of airmen.
(b) Membership.--
(1) In general.--The working group shall consist of--
(A) 2 co-chairs described in paragraph (2); and
(B) not less than 15 individuals appointed by the
Administrator, each of whom shall have knowledge or a
background in aerospace medicine, psychology,
neurology, cardiology, or internal medicine.
(2) Co-chairs.--The working group shall be co-chaired by--
(A) the Federal Air Surgeon of the Federal Aviation
Administration; and
(B) a member described under paragraph (1)(A) to be
selected by members of the working group.
(3) Preference.--The Administrator, in appointing members
pursuant to paragraph (1)(B), shall give preference to--
(A) Aviation Medical Examiners (as described in
section 183.21 of title 14, Code of Federal
Regulations);
(B) licensed medical physicians;
(C) practitioners holding a pilot certificate;
(D) individuals having demonstrated research and
expertise in aeromedical research or sciences; and
(E) representatives of organizations with
memberships affected by the medical processes,
policies, and procedures of the Administration.
(c) Activities.--In reviewing the aeromedical decision-making
processes, policies, and procedures of the Administration in accordance
with subsection (a), the working group, at a minimum, shall--
(1) assess the medical conditions an Aviation Medical
Examiner may issue a medical certificate directly to an
individual;
(2) determine the appropriateness of expanding the list of
such medical conditions;
(3) assess the special issuance process;
(4) determine whether the renewal of a special issuance can
be based on a medical evaluation and treatment plan by the
treating medical specialist of the individual with concurrence
from an Aviation Medical Examiner;
(5) evaluate advancements in technologies to address forms
of red-green color blindness;
(6) determine whether such technologies may be approved for
use by airmen;
(7) review policies and guidance relating to Attention-
Deficit Hyperactivity Disorder and Attention Deficit Disorder;
(8) evaluate whether medications used to treat such
disorders may be safely prescribed to an airman;
(9) review protocols pertaining to the Human Intervention
Motivation Study of the Federal Aviation Administration;
(10) review protocols and policies relating to--
(A) neurological disorders; and
(B) cardiovascular conditions to ensure alignment
with medical best practices, latest research;
(11) review mental health protocols, including mental
health conditions such as depression and anxiety;
(12) evaluate medications approved for treating such mental
health conditions, including antidepressants;
(13) assess processes and protocols pertaining to
recertification of an airman receiving disability insurance
post-recovery from the medical condition, injury, or disability
that precludes an airman from exercising the privileges of an
airman certificate;
(14) assess processes and protocols pertaining to the
certification of veterans reporting a disability rating from
the Department of Veterans Affairs; and
(15) assess and evaluate the user interface and
information-sharing capabilities of any online medical portal
administered by the Federal Aviation Administration.
(d) Pilot Mental Health Task Group.--
(1) Establishment.--Not later than 120 days after the
working group pursuant to subsection (a) is established, the
co-chairs of such working groups shall establish a pilot mental
health task group (referred to in this subsection as the ``task
group'') to develop and provide recommendations related to
supporting the mental health of aircraft pilots.
(2) Composition.--The co-chairs of such working group shall
appoint--
(A) a Chair of the task group; and
(B) members of the task group from among the
members of the working group appointed by the
Administrator under subsection (b)(1).
(3) Duties.--The duties of the task group shall include--
(A) carrying out the activities described in
subsection (c)(11) and subsection (c)(12);
(B) reviewing and evaluating guidance issued by the
International Civil Aviation Organization on pilot
mental health;
(C) consider implementing the final recommendations
report issue by the Office of the inspector general of
the Department of Transportation titled, ``FAA Conduct
Comprehensive Evaluations of Pilots With Mental Health
Challenges, but Opportunities Exist to Further Mitigate
Safety Risks'' and published on July 12, 2023; and
(D) providing recommendations for--
(i) best practices for detecting,
assessing, and reporting mental health
conditions and treatment options as part of
pilot aeromedical assessments;
(ii) improving the training of aviation
medical examiners to identify mental health
conditions among pilots, including guidance on
referrals to a mental health provider or other
aeromedical resource;
(iii) expanding and improving mental health
outreach, education, and assistance programs
for pilots; and
(iv) reducing the stigma of assistance for
mental health in the aviation industry.
(4) Report.--Not later than 2 years after the date of the
establishment of the task group, the task group shall submit to
the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate a report detailing--
(A) the results of the review and evaluation under
paragraph (3)(A); and
(B) recommendations developed pursuant to paragraph
(3)(C).
(d) Support.--The Administrator shall seek to enter into one or
more agreements with the National Academies to support the activities
of the working group described in subsection (c).
(e) Findings; Recommendations.--
(1) Findings.--The working group shall report annually to
the Administrator, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate on findings resulting from the activities carried out
pursuant to subsection (c).
(2) Recommendations.--Findings reported pursuant to
paragraph (1) shall be accompanied by recommendations for
regulatory, policy, or legislative action to improve or
modernize the medical certification and aeromedical processes,
procedures, and policies of the Administration.
(f) Implementation.--Not later than 1 year after receiving
recommendations outlined in the report under subsection (b), the
Administrator shall take such action, as appropriate, to implement
those recommendations.
(g) Sunset.--The working group shall terminate on September 30,
2028.
SEC. 329. FRONTLINE MANAGER WORKLOAD STUDY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Chief Operating Officer of the Air Traffic
Organization of the Federal Aviation Administration shall conduct a
study on frontline manager workload challenges in air traffic control
facilities.
(b) Considerations.--In conducting the study required under
subsection (a), the Chief Operating Officer may--
(1) consider--
(A) workload challenges including--
(i) the managerial tasks expected to be
performed by frontline managers, including
employee development, management, and
counseling;
(ii) the number of supervisory positions of
operations requiring watch coverage in each air
traffic control facility;
(iii) the complexity of traffic and
managerial responsibilities; and
(iv) proficiency and training requirements;
(B) facility type;
(C) facility staffing levels; and
(D) any other factors as the Chief Operating
Officer considers appropriate; and
(2) describe recommendations for updates to the Frontline
Manager's Quick Reference Guide that reflect current
operational standards.
(c) Briefing.--Not later than 3 years after the date of enactment
of this Act, the Chief Operating Officer shall 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 results of the study conducted under subsection (a).
SEC. 330. AGE STANDARDS FOR PILOTS.
Section 44729 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Subject to the limitation in
subsection (c), a'' and inserting ``A''; and
(B) by striking ``65'' and inserting ``67'';
(2) in subsection (b)(1) by striking ``; or'' and inserting
``, unless the operation takes place in airspace where such
operations are not permitted; or'';
(3) by striking subsection (c) and redesignating
subsections (d) through (h) as subsections (c) through (g),
respectively;
(4) in subsection (c), as so redesignated--
(A) in the heading by striking ``60'' and inserting
``65'';
(B) by striking ``the date of enactment of this
section,'' and inserting ``the date of enactment of the
Securing Growth and Robust Leadership in American
Aviation Act,'';
(C) by striking ``section 121.383(c)'' and
inserting ``subsections (d) and (e) of section
121.383''; and
(D) by inserting ``(or any successor regulations)''
after ``Regulations'';
(5) in subsection (d), as so redesignated--
(A) by striking paragraph (1) and inserting the
following:
``(1) Retroactivity.--A person who has attained 65 years of
age on or before the date of enactment of the Securing Growth
and Robust Leadership in American Aviation Act may return to
service as a pilot for an air carrier engaged in covered
operations.''; and
(B) in paragraph (2) by striking ``section, taken
in conformance with a regulation issued to carry out
this section, or taken prior to the date of enactment
of this section in conformance with section 121.383(c)
of title 14, Code of Federal Regulations (as in effect
before such date of enactment), may'' and inserting
``section or taken in conformance with a regulation
issued to carry out this section, may''; and
(6) by adding at the end the following:
``(h) Savings Clause.--An air carrier engaged in covered operations
described in subsection (b)(1) on or after the date of enactment of the
Securing Growth and Robust Leadership in American Aviation Act may not
require employed pilots to serve in such covered operations after
attaining 65 years of age.''.
SEC. 331. MEDICAL PORTAL MODERNIZATION TASK GROUP.
(a) Establishment.--Not later than 120 days after the working group
pursuant to section 328 of this Act is established, the co-chairs of
such working group shall establish a medical portal modernization task
group (referred to in this subsection as the ``task group'') to
evaluate the user interface and information sharing capabilities of an
online medical portal administered by the Federal Aviation
Administration.
(b) Composition.--The co-chairs of the working group provided for
in section 328 shall appoint--
(1) a Chair of the task group; and
(2) members of the task group from among the members of the
working group appointed by the Administrator under section
328(b)
(c) Assessment; Recommendations.--The task group shall, at a
minimum, assess and evaluate the capabilities of any such medical
portal and provide recommendations to improve the following:
(1) The cyber security protections and protocols of any
such medical portal, including the secure exchange of health
information and records between Aviation Medical Examiners and
pilots, or their designee, including the ability for an airman
to submit additional information requested by the
Administrator.
(2) The status of an airman's medical application and the
disclosure of how long an airman can expect to wait for a final
determination to be issued by the Administrator.
(3) The disclosure of the name and contact information of
the Administrator's representative managing an airman's case so
that an Aviation Medical Examiner has a point of contact within
the Administration who is familiar with an airman's
application.
(d) Consultation.--In carrying out the duties described in
subsection (c), the task group may consult cybersecurity experts and
individuals with a knowledge of securing electronic health care
transactions.
(e) Report.--Not later than 1 years after the date of the
establishment of the task group, the task group shall submit to the
Administrator, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing activities and
recommendations of the task group.
(f) Implementation.--Not later than 1 year after receiving the
report described in subsection (e), the Administrator shall take such
action as may be necessary to implement recommendations of the task
group to improve any such medical portal.
TITLE IV--AIRPORT INFRASTRUCTURE
Subtitle A--Airport Improvement Program Modifications
SEC. 401. AIP DEFINITIONS.
(a) In General.--Section 47102 of title 49, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) `air carrier' has the meaning given the term in
section 40102.'';
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (i) by striking ``and'' at
the end;
(ii) in clause (ii) by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) a secondary runway at a nonhub
airport that is equivalent in size and type to
the primary runway of such airport.'';
(B) in subparagraph (B)(iii) by inserting ``and
fuel infrastructure'' after ``surveillance equipment'';
(C) in subparagraph (E) by striking ``after
December 31, 1991,'';
(D) in subparagraph (K) by striking ``if the
airport is located in an air quality nonattainment or
maintenance area (as defined in sections 171(2) and
175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a))
and if the airport would be able to receive emission
credits, as described in section 47139'';
(E) in subparagraph (L) by striking ``the airport
is located in an air quality nonattainment or
maintenance area (as defined in sections 171(2) and
175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a)),
if the airport would be able to receive appropriate
emission credits (as described in section 47139),
and'';
(F) in subparagraph (P) by striking ``improve the
reliability and efficiency of the airport's power
supply'' and inserting ``improve reliability and
efficiency of the airport's power supply or meet
current and future electrical power demand''; and
(G) by adding at the end the following:
``(S) construction or renovation of childcare
facilities for the exclusive use of airport employees
or other individuals who work on airport property,
including for air carriers and airport concessionaires.
``(T) advanced digital construction management
systems and related technology used in the planning,
design and engineering, construction, operations, and
maintenance of airport facilities.
``(U) improvements, or planning for improvements,
that would be necessary to sustain commercial service
flight operations or permit the resumption of flight
operations following a natural disaster (defined as an
earthquake, flooding, high water, wildfires, hurricane,
storm surge, tidal wave, tornado, tsunami, wind driven
water, sea level rise, tropical storm, cyclone, land
instability, or winter storm) at--
``(i) a primary airport; or
``(ii) a general aviation airport that is
designated as a Federal staging area or
Incident support base by the Administrator of
the Federal Emergency Management Agency.
``(V) a project to comply with rulemakings and
recommendations on cybersecurity standards from the
rulemaking committee convened under section 574 of the
Securing Growth and Robust Leadership in American
Aviation Act.
``(W) any other activity that the Secretary
concludes will reasonably improve or contribute to the
maintenance of the safety, efficiency, or capacity of
the airport.'';
(3) in paragraph (5)--
(A) in subparagraph (A) by inserting ``and
catchment area analyses'' after ``planning'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) in subsection (C) by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(D) assessing current and future electrical power
demand for airport airside and landside activities.'';
(4) by redesignating paragraphs (9), (10), (11), (12),
(13), (14), (15), (16), (17), (18), (19), (20), (21), (22),
(23), (24), (25), (26), (27), and (28) as paragraphs (10),
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20),
(21), (22), (23), (24), (25), (26), (27), (28), and (29),
respectively;
(5) by inserting after paragraph (8) the following:
``(9) `heliport'--
``(A) means an area of land, water, or structure
used or intended to be used for the landing or takeoff
of aircraft capable of vertical takeoff and landing
profiles; and
``(B) includes a vertiport.'';
(6) in paragraph (28) (as so redesignated) by striking
``the Trust Territory of the Pacific Islands,'';
(7) in paragraph (29)(B) (as so redesignated) by striking
``described in section 47119(a)(1)(B)'' and inserting ``for
moving passengers and baggage between terminal facilities and
between terminal facilities and aircraft''; and
(8) by adding at the end the following:
``(30) `vertiport' means an area of land, water, or
structure used or intended to be used for the landing or
takeoff of powered-lift aircraft capable of vertical takeoff
and landing profiles.''.
(b) Conforming Amendment.--Section 47127(a) of title 49, United
States Code, is amended by striking ``air carrier airport'' and
inserting ``commercial service airport''.
SEC. 402. REVENUE DIVERSION PENALTY ENHANCEMENT.
(a) In General.--Section 47107 of title 49, United States Code, is
amended--
(1) in subsection (m)(4) by striking ``an amount equal to''
and inserting ``an amount equal to double''; and
(2) in subsection (n)(1) by striking ``an amount equal to''
and inserting ``an amount equal to double''.
(b) Applicability.--The amendments made by subsection (a) shall not
apply to any illegal diversion of airport revenues (as described in
section 47107(m) of title 49, United States Code) that occurred prior
to the date of enactment of this Act.
SEC. 403. EXTENSION OF COMPETITIVE ACCESS REPORT REQUIREMENT.
Section 47107(r)(3) of title 49, United States Code, is amended by
striking ``2023'' and inserting ``2028''.
SEC. 404. RENEWAL OF CERTAIN LEASES.
Section 47107(t)(2) of title 49, United States Code, is amended--
(1) in subparagraph (A) by striking ``the date of enactment
of this subsection'' and inserting ``October 7, 2016''; and
(2) by striking subparagraph (D) and inserting the
following:
``(D) that--
``(i) supports the operation of military
aircraft by the Air Force or Air National
Guard--
``(I) at the airport; or
``(II) remotely from the airport;
or
``(ii) is for the use of nonaeronautical
land or facilities of the airport by the
National Guard.''.
SEC. 405. COMMUNITY USE OF AIRPORT LAND.
Section 47107(v) of title 49, United States Code, is amended to
read as follows:
``(v) Community Use of Airport Land.--
``(1) In general.--Notwithstanding subsections (a)(13),
(b), and (c), and section 47133, and subject to paragraph (2),
the sponsor of a public-use airport shall not be considered to
be in violation of this subtitle, or to be found in violation
of a grant assurance made under this section, or under any
other provision of law, as a condition for the receipt of
Federal financial assistance for airport development, solely
because the sponsor has--
``(A) entered into an agreement, including a
revised agreement, with a local government providing
for the use of airport property for an interim
compatible recreational purpose at below fair market
value; or
``(B) permanently restricted the use of airport
property to compatible recreational and public park use
without paying or otherwise obtaining payment of fair
market value for the property.
``(2) Restrictions.--
``(A) Interim compatible recreational purpose.--
Paragraph (1) shall apply, with respect to a sponsor
that has taken the action described in subparagraph (A)
of such paragraph, only--
``(i) to an agreement regarding airport
property that was initially entered into before
the publication of the Federal Aviation
Administration's Policy and Procedures
Concerning the Use of Airport Revenue, dated
February 16, 1999;
``(ii) if the agreement between the sponsor
and the local government is subordinate to any
existing or future agreements between the
sponsor and the Secretary, including agreements
related to a grant assurance under this
section;
``(iii) to airport property that was
acquired under a Federal airport development
grant program;
``(iv) if the airport sponsor has provided
a written statement to the Administrator that
the property made available for a recreational
purpose will not be needed for any aeronautical
purpose during the next 10 years;
``(v) if the agreement includes a term of
not more than 2 years to prepare the airport
property for the interim compatible
recreational purpose and not more than 10 years
of use for that purpose;
``(vi) if the recreational purpose will not
impact the aeronautical use of the airport;
``(vii) if the airport sponsor provides a
certification that the sponsor is not
responsible for preparation, startup,
operations, maintenance, or any other costs
associated with the recreational purpose; and
``(viii) if the recreational purpose is
consistent with Federal land use compatibility
criteria under section 47502.
``(B) Permanent recreational use.--Paragraph (1)
shall apply, with respect to a sponsor that has taken
the action described in subparagraph (B) of such
paragraph, only--
``(i) to airport property that was
purchased using funds from a Federal grant for
acquiring land issued prior to January 1, 1989;
``(ii) to airport property that has been
continuously leased or licensed through a
written agreement with a governmental entity or
non-profit entity for recreational or public
park uses since July 1, 2003;
``(iii) if the airport sponsor has provided
a written statement to the Administrator that
the recreational and public use does not impact
the aeronautical use of the airport and 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 after such statement is provided;
``(iv) if the airport sponsor provides a
certification to the Administrator that the
sponsor is not responsible for operations,
maintenance, or any other costs associated with
the recreational and public park use;
``(v) if the recreational purpose is
consistent with Federal land use compatibility
criteria under section 47502; and
``(vi) if the airport sponsor will--
``(I) lease the property to a local
government entity or non-profit entity
to operate and maintain the property at
no cost to the airport sponsor; or
``(II) sell the property to a local
government entity or non-profit entity
subject to a permanent deed restriction
ensuring compatible airport use under
regulations issued pursuant to section
47502.
``(3) Revenue from certain sales of airport property.--
Notwithstanding any other provision of law, an airport sponsor
leasing or selling a portion of airport property as described
in paragraph (2)(B)(vi) may--
``(A) lease or sell such portion of airport
property for less than fair market value; and
``(B) subject to the requirements of subsection
(b), retain the revenue from the lease or sale of such
portion of airport property.
``(4) Statutory construction.--Nothing in this subsection
may be construed as permitting a diversion of airport revenue
for the capital or operating costs associated with the
community use of airport land.
``(5) Aeronautical use; aeronautical purpose defined.--In
this subsection, the terms `aeronautical use' and `aeronautical
purpose'--
``(A) mean all activities that involve or are
directly related to the operation of aircraft,
including activities that make the operation of
aircraft possible and safe;
``(B) include services located on an airport that
are directly and substantially related to the movement
of passengers, baggage, mail, and cargo; and
``(C) do not include any uses of an airport that
are not described in subparagraph (A) or (B), including
any aviation-related uses that do not need to be
located on an airport, such as flight kitchens and
airline reservation centers.
``(6) Administrator review and approval.--
``(A) In general.--Notwithstanding any other
provision of law and subject to the sponsor providing
any written statements or certifications to the
Administrator required under this subsection, no
actions of or requirements on the sponsor under this
subsection shall require the review or approval of the
Secretary of Transportation or Administrator.
``(B) Burden of demonstration.--The Secretary shall
have the burden of demonstrating that a sponsor does
not meet the requirements or restrictions of this
subsection.''.
SEC. 406. PRICE ADJUSTMENT PROVISIONS.
Section 47108 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``47114(d)(3)(A) of this
title'' and inserting ``47114(d)(2)(A)'';
(2) by striking subsection (b) and inserting the following:
``(b) Increasing Government Share.--
``(1) In general.--Except as provided in paragraph (2) or
(3), the amount stated in an offer as the maximum amount the
Government will pay may not be increased when the offer has
been accepted in writing.
``(2) Exception.--For a project receiving assistance under
a grant approved under this chapter or chapter 475, the amount
may be increased--
``(A) for an airport development project, by not
more than 15 percent; and
``(B) to acquire an interest in land for an airport
(except a primary airport), by not more than the
greater of the following, based on current creditable
appraisals or a court award in a condemnation
proceeding:
``(i) 15 percent; or
``(ii) 25 percent of the total increase in
allowable project costs attributable to
acquiring an interest in land.
``(3) Price adjustment provisions.--
``(A) In general.--The Secretary may incorporate a
provision in a project grant agreement under which the
Secretary agrees to pay more than the maximum amount
otherwise specified in the agreement if the Secretary
finds that commodity or labor prices have increased
since the agreement was made.
``(B) Decrease in costs.--A provision incorporated
in a project grant agreement under this paragraph shall
ensure that the Secretary realizes any financial
benefit associated with a decrease in material or labor
costs for the project.'';
(3) by striking subsection (c); and
(4) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 407. ALLOWABLE PROJECT COSTS AND LETTERS OF INTENT.
Section 47110 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1) by
striking ``after May 13, 1946, and''; and
(B) in paragraph (1)--
(i) by inserting ``or preparing for'' after
``formulating''; and
(ii) by inserting ``utility relocation,
work site preparation,'' before ``and
administration'';
(2) in subsection (d)(1) by striking ``section 47114(c)(1)
or 47114(d)'' and inserting ``section 47114 or distributed from
the small airport fund under section 47116'';
(3) in subsection (e)(2)(C) by striking ``commercial
service airport having at least 0.25 percent of the boardings
each year at all such airports'' and inserting ``medium hub
airport or large hub airport'';
(4) in subsection (h) by striking ``section
47114(d)(3)(A)'' and inserting ``section 47114(c)(1)(D) or
section 47114(d)(2)(A)''; and
(5) by striking subsection (i).
SEC. 408. SMALL AIRPORT LETTERS OF INTENT.
(a) In General.--Section 47110 of title 49, United States Code, is
further amended by adding at the end the following:
``(i) Small Airport Letters of Intent.--
``(1) In general.--The Secretary may issue a letter of
intent to a sponsor stating an intention to obligate an amount
from future budget authority for an airport development project
(including costs of formulating the project) at a nonhub
airport or an airport that is not a primary airport. The letter
shall establish a schedule under which the Secretary will
reimburse the sponsor for the Government's share of allowable
project costs, as amounts become available, if the sponsor,
after the Secretary issues the letter, carries out the project
without receiving amounts under this subchapter.
``(2) Limitations.--The amount the Secretary intends to
obligate in a letter of intent issued under this subsection
shall not exceed the larger of--
``(A) the Government's share of allowable project
costs; or
``(B) $10,000,000.
``(3) Financing.--Allowable project costs under paragraph
(1) may include costs associated with making payments for debt
service on indebtedness incurred to carry out the project.
``(4) Requirements.--The Secretary shall only issue a
letter of intent under paragraph (1) if--
``(A) the sponsor notifies the Secretary, before
the project begins, of the sponsor's intent to carry
out the project and requests a letter of intent; and
``(B) the sponsor agrees to comply with all
statutory and administrative requirements that would
apply to the project if it were carried out with
amounts made available under this subchapter.
``(5) Assessment.--In reviewing a request for a letter of
intent under this subsection, the Secretary shall consider the
grant history of an airport, the airport's enplanements or
operations, and such other factors as the Secretary determines
appropriate.
``(6) Prioritization.--In issuing letters of intent under
this subsection, the Secretary shall--
``(A) prioritize projects that--
``(i) cannot reasonably be funded by an
airport sponsor using funds apportioned under
section 47114(c), 47114(d)(2)(A)(i), or
47114(d)(6), including funds apportioned under
those sections in multiple fiscal years
pursuant to section 47117(b)(1); and
``(ii) are necessary to an airport's
continued safe operation or development; and
``(B) structure the reimbursement schedules under
such letters in a manner that minimizes unnecessary or
undesirable project segmentation.
``(7) Required use.--
``(A) In general.--Beginning in fiscal year 2028,
and in each fiscal year thereafter, the Secretary shall
ensure that not less than $100,000,000 is committed to
be reimbursed in such fiscal year pursuant to letters
of intent issued under this subsection.
``(B) Waiver.--The Secretary may waive the
requirement under subparagraph (A) for a fiscal year if
the Secretary determines there are insufficient letter
of intent requests that meet the requirements of
paragraph (4). Upon such waiver, the Secretary 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 on the reasons contributing to the need
for such waiver and the actions the Secretary intends
to take to ensure that there are sufficient letter of
intent requests that meet the requirements of paragraph
(4) in the fiscal year succeeding the fiscal year for
which the Secretary issued such waiver.
``(C) Restriction.--The total estimated amount of
future Government obligations covered by all
outstanding letters of intent under paragraph (1) may
not be more than the amount authorized to carry out
section 48103 of this title, less an amount reasonably
estimated by the Secretary to be needed for grants
under section 48103 that are not covered by a letter.
``(8) No obligation or commitment.--A letter of intent
issued under this subsection is not an obligation of the
Government under section 1501 of title 31, and the letter is
not deemed to be an administrative commitment for financing. An
obligation or administrative commitment may be made only as
amounts are provided in authorization and appropriation laws.
``(9) Limitation on statutory construction.--Nothing in
this section shall be construed to prohibit the obligation of
amounts pursuant to a letter of intent under this subsection in
the same fiscal year as the letter of intent is issued.''.
(b) Conforming Amendments.--
(1) Letters of intent.--Section 47110(e)(7) of title 49,
United States Code, is amended by striking ``under this
section'' and inserting ``under this subsection''.
(2) Priority for letters of intent.--Section 47115(h) of
title 49, United States Code, is amended by inserting ``prior
to fulfilling intentions to obligate under section 47110(i)''
after ``section 47110(e)''.
SEC. 409. PROHIBITION ON USE OF AIP FUNDS TO PROCURE CERTAIN PASSENGER
BOARDING BRIDGES.
Section 47110 of title 49, United States Code, is further amended
by adding at the end the following:
``(j) Additional Nonallowable Costs.--
``(1) In general.--A cost is not an allowable airport
development project cost under this chapter if the cost relates
to a contract for procurement or installation of a passenger
boarding bridge if the contract is with an entity on the list
required under paragraph (2).
``(2) Required list.--Not later than 30 days after the date
of enactment of this subsection, the Secretary shall, based on
information provided by the United States Trade Representative
and the Attorney General, publish and annually update a list of
entities manufacturing airport passenger boarding bridges--
``(A) that are owned, directed, or subsidized by
the People's Republic of China; and
``(B) that--
``(i) 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;
or
``(ii) own or control, are owned or
controlled by, are under common ownership or
control with, or are successors to, an entity
described in clause (i).''.
SEC. 410. FUEL INFRASTRUCTURE.
Section 47110 of title 49, United States Code, is further amended
by adding at the end the following:
``(k) Fuel Infrastructure.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may decide that covered costs are allowable
for an airport development project at a primary or nonprimary
airport where such costs are paid for with funds apportioned to
the sponsor of such airport under section 47114 or provided
pursuant to section 47115.
``(2) Prioritization.--If the Secretary makes grants from
the discretionary fund under section 47115 for covered costs,
the Secretary shall prioritize providing such grants to general
aviation airports.
``(3) Covered costs defined.--In this subsection, the term
`covered costs'--
``(A) means construction costs related to an
airport-owned--
``(i) aeronautical fueling system for
unleaded fuel; and
``(ii) fueling systems for type
certificated hydrogen-powered aircraft; and
``(B) may include capital costs for fuel farms and
other equipment and infrastructure used for the
delivery and storage of fuel.''.
SEC. 411. APPORTIONMENTS.
(a) Primary, Commercial Service, and Cargo Airports.--
(1) Primary and commercial service airports.--Section
47114(c)(1) of title 49, United States Code, is amended to read
as follows:
``(1) Primary and commercial service airports.--
``(A) Primary airport apportionment.--The Secretary
shall apportion to the sponsor of each primary airport
for each fiscal year an amount equal to--
``(i) $15.60 for each of the first 50,000
passenger boardings at the airport during the
prior calendar year;
``(ii) $10.40 for each of the next 50,000
passenger boardings at the airport during the
prior calendar year;
``(iii) $5.20 for each of the next 400,000
passenger boardings at the airport during the
prior calendar year;
``(iv) $1.30 for each of the next 500,000
passenger boardings at the airport during the
prior calendar year; and
``(v) $1.00 for each additional passenger
boarding at the airport during the prior
calendar year.
``(B) Minimum and maximum apportionments.--Not less
than $1,300,000 nor more than $22,000,000 may be
apportioned under subparagraph (A) to an airport
sponsor for a primary airport for each fiscal year.
``(C) New airport.--Notwithstanding subparagraph
(A), the Secretary shall apportion in the first fiscal
year following the official opening of a new airport
with scheduled passenger air transportation an amount
equal to $1,300,000 to the sponsor of such airport.
``(D) Nonprimary commercial service airport
apportionment.--
``(i) In general.--The Secretary shall
apportion to each commercial service airport
that is not a primary airport an amount equal
to--
``(I) $60 for each of the first
2,500 passenger boardings at the
airport during the prior calendar year;
and
``(II) $153.33 for each of the next
7,499 passenger boardings at the
airport during the prior calendar year.
``(ii) Applicability.--Paragraphs (4) and
(5) of subsection (d) shall apply to funds
apportioned under this subparagraph.
``(E) Special rule for air reserve stations.--
Notwithstanding section 47102, the Secretary shall
consider a public-use airport that is co-located with
an air reserve station to be a primary airport for
purposes of this chapter.
``(F) Special rule for fiscal years 2024 and
2025.--Notwithstanding any other provision of this
paragraph or the absence of scheduled passenger service
at an airport, the Secretary shall apportion in fiscal
years 2024 and 2025 to the sponsor of an airport an
amount based on the number of passenger boardings at
the airport during whichever of the following years
that would result in the highest apportioned amount
under this paragraph:
``(i) Calendar year 2018.
``(ii) Calendar year 2019.
``(iii) The prior full calendar year prior
to the current fiscal year.''.
(2) Cargo airports.--Section 47114(c)(2) of title 49,
United States Code, is amended--
(A) in subparagraph (A)--
(i) by striking ``3.5'' and inserting
``4''; and
(ii) by striking ``100,000,000 pounds'' and
inserting ``25,000,000 pounds'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
(b) General Aviation Airports.--Section 47114(d) of title 49,
United States Code, is amended--
(1) in paragraph (3)--
(A) in the heading by striking ``Special rule'' and
inserting ``Apportionment'';
(B) by striking ``excluding primary airports but
including reliever and nonprimary commercial service
airports'' each place it appears and inserting
``excluding commercial service airports but including
reliever airports'';
(C) in the matter preceding subparagraph (A) by
striking ``20 percent'' and inserting ``25 percent'';
and
(D) by striking subparagraphs (C) and (D) and
inserting the following:
``(C) An airport that has previously been listed as
unclassified under the national plan of integrated
airport systems that has reestablished the classified
status of such airport as of the date of apportionment
shall be eligible to accrue apportionment funds
pursuant to subparagraph (A) so long as such airport
retains such classified status.'';
(2) in paragraph (4)--
(A) in the heading by striking ``Airports in
alaska, puerto rico, and hawaii'' and inserting
``Airports in Noncontiguous States and Territories'';
(B) by striking ``An amount apportioned under
paragraph (2) or (3)'' and inserting the following:
``(A) Alaska, puerto rico, and hawaii.--An amount
apportioned under this subsection''; and
(C) by adding at the end the following:
``(B) Other territories.--An amount apportioned
under paragraph (2)(B)(i) may be made available by the
Secretary for any public-use airport in Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands if the
Secretary determines that there are insufficient
qualified grant applications for projects at airports
that are otherwise eligible for funding under that
paragraph. The Secretary shall prioritize the use of
such amounts in the territory the amount was originally
apportioned in.'';
(3) in paragraph (5) by inserting ``or subsection
(c)(1)(D)'' after ``under this subsection'';
(4) in paragraph (6)--
(A) by striking ``provision of this subsection''
and inserting ``provision of this section''; and
(B) by inserting ``or subsection (c)(1)(D)'' after
``under this subsection'';
(5) by striking paragraph (2); and
(6) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively.
(c) Conforming Amendment.--Section 47106(a)(7) of title 49, United
States Code, is amended by striking ``section 47114(d)(3)(B)'' and
inserting ``section 47114(d)(2)(B)''
SEC. 412. PFC TURNBACK REDUCTION.
(a) In General.--Section 47114(f) of title 49, United States Code,
is amended--
(1) in paragraph (1)--
(A) by striking ``sponsor of an airport having at
least .25 percent of the total number of boardings each
year in the United States and'' and inserting ``sponsor
of a medium or large hub airport'';
(B) in subparagraph (A) by striking ``50 percent''
and inserting ``40 percent'' each place it appears; and
(C) in subparagraph (B) by striking ``75 percent''
and inserting ``60 percent'' each place it appears; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Effective date of reduction.--
``(A) New charge collection.--A reduction in an
apportionment under paragraph (1) shall not take effect
until the first fiscal year following the year in which
the collection of the charge imposed under section
40117 has begun.
``(B) New categorization.--A reduction in an
apportionment under paragraph (1) shall only be applied
to an airport if such airport has been designated as a
medium or large hub airport for 3 consecutive years.''.
(b) Applicability.--For an airport that increased in categorization
from a small hub to a medium hub in any fiscal year beginning after the
date of enactment of the FAA Reauthorization Act of 2018 (Public Law
115-254) and prior to the date of enactment of this Act, the amendment
to section 47114(f)(2) of title 49, United States Code, under
subsection (a) shall be applied as though the airport increased in
categorization from a small hub to a medium hub in the calendar year
prior to the first fiscal year in which such amendment is applicable.
SEC. 413. TRANSFER OF AIP SUPPLEMENTAL FUNDS TO FORMULA PROGRAM.
Section 47115(j) of title 49, United States Code, is amended--
(1) in paragraph (3) by striking subparagraph (B) and
inserting the following:
``(B) Minimum allocation.--Not more than 25 percent
of the amounts available under this subsection shall be
used to provide grants at nonhub and small hub
airports.
``(C) Prioritization.--In making grants under this
subsection, the Secretary shall prioritize projects
that reduce runway incursions or increase runway or
taxiway safety.'';
(2) in paragraph (4)(A) by striking clause (v) and
inserting the following:
``(v) $1,110,000,000 for fiscal year 2023.
``(vi) $100,000,000 for fiscal year 2024.
``(vii) $100,000,000 for fiscal year 2025.
``(viii) $100,000,000 for fiscal year 2026.
``(ix) $100,000,000 for fiscal year 2027.
``(x) $100,000,000 for fiscal year 2028.'';
and
(3) in paragraph (4)(B) by striking ``2 fiscal years'' and
inserting ``3 fiscal years''.
SEC. 414. SMALL AIRPORT FUND.
Section 47116 of title 49, United States Code, is amended--
(1) in subsection (b) by striking paragraphs (1) and (2)
and inserting the following:
``(1) Not more than 25 percent for grants for projects at
small hub airports.
``(2) Not less than 25 percent for grants to sponsors of
public-use airports (except commercial service airports).
``(3) Not less than 50 percent for grants to sponsors of
commercial service airports that are not larger than a nonhub
airport.'';
(2) in subsection (d)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2); and
(3) by striking subsections (e) and (f) and inserting the
following:
``(e) General Aviation Hangars and Transient Aprons.--In
distributing amounts from the fund described in subsection (a) to
sponsors described in subsection (b)(2) and (b)(3)--
``(1) 5 percent of each amount shall be used for projects
to construct aircraft hangars that are not larger than 5,000
square feet; and
``(2) 5 percent of each amount shall be used for projects
to construct or rehabilitate aprons intended to be used for
itinerant general aviation aircraft parking.''.
SEC. 415. REVISION OF DISCRETIONARY CATEGORIES.
Section 47117 of title 49, United States Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)(i) by striking ``or (3)(A),
whichever is applicable''; and
(B) in subparagraph (B)--
(i) by striking ``section 47114(d)(3)(A)''
and inserting ``section 47114(d)(2)(A)''; and
(ii) by striking ``section 47114(d)(3)(B)''
and inserting ``section 47114(d)(2)(B)'';
(2) in subsection (c)(2) by striking ``47114(d)(3)(A)'' and
inserting ``47114(d)(2)(A)'';
(3) in subsection (d)--
(A) in paragraph (1) by striking ``section
47114(d)(2)(A) of this title'' and inserting ``section
47114(d)(2)(B)(i)''; and
(B) in paragraph (2)--
(i) by striking ``section 47114(d)(2)(B) or
(C)'' and inserting ``section
47114(d)(2)(B)(ii) or (iii)'' in each place it
appears; and
(ii) by striking ``of this title'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``$300,000,000''
and inserting ``$200,000,000'';
(II) by striking ``for compatible
land use planning and projects carried
out by State and local governments
under section 47141,'';
(III) by striking ``section
47102(3)(Q)'' and inserting
``subparagraphs (O) through (Q) of
section 47102(3)'';
(IV) by striking ``to comply with
the Clean Air Act (42 U.S.C. 7401 et
seq.)''; and
(V) by adding at the end the
following:``The Secretary shall provide
not less than two-thirds of amounts
under this subparagraph and paragraph
(3) for grants to sponsors of small
hub, medium hub, and large hub
airports.''; and
(ii) by striking subparagraph (C); and
(B) by striking paragraph (3) and inserting the
following:
``(3) Special rule.--Beginning in fiscal year 2025, if the
amount made available under paragraph (1)(A) was not equal to
or greater than $150,000,000 in the preceding fiscal year, the
Secretary shall issue grants for projects eligible under
paragraph (1)(A) from apportionment funds made available under
section 47114 that are not required during the fiscal year
pursuant to subsection (b)(1) in an amount that is not less
than--
``(A) $150,000,000; minus
``(B) the amount made available under paragraph
(1)(A) in the preceding fiscal year.''; and
(5) in subsection (f)(1) by striking ``Subject to paragraph
(2)'' and inserting ``Subject to paragraph (2) and except as
provided in section 47116(b)(2)''.
SEC. 416. TERMINAL DEVELOPMENT.
Section 47119 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``in a nonrevenue-
producing public-use area of a commercial service
airport'' and all that follows through ``of the
Government'' and inserting the following: ``at an
airport if the sponsor certifies that the airport, on
the date the grant application is submitted to the
Secretary, has--
``(A) that any necessary airport development
project affecting airport safety, security, or capacity
will not be deferred if the Secretary approves a
terminal development project under this section; and
``(B) provided for access by passengers to the area
of the airport for boarding or exiting aircraft that
are not air carrier aircraft.''; and
(B) in paragraph (2) by striking ``parking lot if''
and all that follows through ``Secretary's approval''
and inserting ``parking lot'';
(2) by striking subsections (b), (e) and (f);
(3) by redesignating subsection (c) and (d) as subsections
(b) and (c), respectively; and
(4) in subsection (b) (as so redesignated) by striking
paragraphs (1) through (5) and inserting the following:
``(1) any part of amounts apportioned to an airport sponsor
under subsection (c) or (d) of section 47114 to pay project
costs allowable under subsection (a);
``(2) on the approval of the Secretary, any part of amounts
that may be distributed for the fiscal year from the
discretionary fund established under section 47115 to the
sponsor of an airport to pay project costs allowable under
subsection (a);
``(3) on the approval of the Secretary, any part of amounts
that may be distributed for the fiscal year from the small
airport fund established under section 47116 to the sponsor of
an airport eligible to receive funds under section 47116 to pay
project costs allowable under subsection (a);''.
SEC. 417. STATE BLOCK GRANT PROGRAM.
(a) Offsetting Administrative Expenses Burden on States.--Section
47109(a)(2) of title 49, United States Code, is amended by striking
``90 percent'' and inserting ``91 percent''.
(b) Training.--Section 47128 of title 49, United States Code, is
amended by adding at the end the following:
``(e) Training for Participating States.--
``(1) In general.--The Secretary shall provide to each
State participating in the block grant program under this
section training or updated training materials for the
administrative responsibilities assumed by the State under such
program at no cost to the State.
``(2) Timing.--The training or updated training materials
provided under paragraph (1) shall be provided at least once
during each 2-year period and at any time there is a material
change in the program.''.
(c) Administration.--Section 47128 of title 49, United States Code,
is further amended by adding at the end the following:
``(f) Roles and Responsibilities of Participating States.--
``(1) Airports.--Unless a State participating in the block
grant program under this section expressly agrees in a
memorandum of agreement, the Secretary shall not require the
State to manage functions and responsibilities for airport
actions or projects that do not relate to such program.
``(2) Program documentation.--Any grant agreement providing
funds to be administered under such program shall be consistent
with the most recently executed memorandum of agreement between
the State and the Federal Aviation Administration. The
Administrator of the Federal Aviation Administration shall
provide parity to participating States and shall only require
the same type of information and level of detail for any
program agreements and documentation that the Administrator
would perform with respect to such action if the State did not
participate in the program.
``(3) Responsibilities.--The Administrator 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 (49 U.S.C. 47107
note), compatibility planning, and airport layout plan
review and approval for projects not funded by amounts
available under this subchapter.
``(E) Nonaeronautical and special event
recommendations and approvals.
``(F) Instrument approach procedure evaluations and
determinations.
``(G) Environmental review for projects not funded
by amounts available under this subchapter.
``(H) Review and approval of land leases, land
releases, changes in on-airport land-use designation,
and through-the-fence agreements.''.
(d) Report.--The Comptroller General of the United States shall
issue a report on the Office of Airports of the Federal Aviation
Administration and the airport improvement program under subchapter I
of chapter 471 and chapter 475 of title 49, United States Code, and
include in such report a description of--
(1) the responsibilities of States participating in the
block grant program under section 47128 of title 49, United
States Code; and
(2) the impact of title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) and
other Federal administrative funding sources on the ability of
such States to disburse and administer airport improvement
program funds.
(e) Sense of Congress.--It is the sense of Congress that Congress
supports the disbursement of a percentage of administrative funds made
available under the heading ``Federal Aviation Administration--Airport
Infrastructure Grants'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) to non-
primary airports participating in the State's block grant program each
fiscal year of the Airport Infrastructure Grants program.
SEC. 418. INNOVATIVE FINANCING TECHNIQUES.
Section 47135 of title 49, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Authority.--
``(1) In general.--The Secretary of Transportation may
approve an application by an airport sponsor to use grants
received under this subchapter for innovative financing
techniques related to an airport development project that is
located at an airport that is not a large hub airport.
``(2) Approval.--The Secretary may approve not more than 30
applications described under paragraph (1) in a fiscal year.
``(b) Purposes.--The purpose of grants made under this section
shall be to--
``(1) provide information on the benefits and difficulties
of using innovative financing techniques for airport
development projects;
``(2) lower the total cost of an airport development
project; or
``(3) expedite the delivery or completion of an airport
development project without reducing safety or causing
environmental harm.''; and
(2) in subsection (c)(2)--
(A) in subparagraph (C) by striking ``and'' at the
end;
(B) in subparagraph (D) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) any other techniques that the Secretary
determines are consistent with the purposes of this
section.''.
SEC. 419. LONG-TERM MANAGEMENT PLANS.
Section 47136(c) of title 49, United States Code is amended--
(1) by striking ``applicants that will'' and inserting the
following: ``applicants that--
``(1) will'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) provide a long-term management plan for eligible
vehicles and equipment that includes the existing and future
infrastructure requirements of the airport related to such
vehicles and equipment.''.
SEC. 420. ALTERNATIVE PROJECT DELIVERY.
(a) In General.--Section 47142 of title 49, United States Code, is
amended--
(1) in the section heading by striking ``Design-build
contracting'' and inserting ``Alternative project delivery'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Administrator of the
Federal Aviation Administration'' and inserting
``Secretary of Transportation''; and
(ii) by striking ``award a design-build''
and inserting ``award a covered project
delivery'';
(B) in paragraph (2) by striking ``design-build''
and inserting ``covered project delivery''; and
(C) in paragraph (4) by striking ``design-build
contract will'' and inserting ``covered project
delivery contract is projected to''; and
(3) by striking subsection (c) and inserting the following:
``(c) Covered Project Delivery Contract Defined.--In this section,
the term `covered project delivery contract' means--
``(1) an agreement that provides for both design and
construction of a project by a contractor through alternative
project delivery methods, including construction manager-at-
risk and progressive design build; or
``(2) a single contract for the delivery of a whole project
that--
``(A) includes, at a minimum, the sponsor, builder,
and architect-engineer as parties that are subject to
the terms of the contract;
``(B) aligns the interests of all the parties to
the contract with respect to the project costs and
project outcomes; and
``(C) includes processes to ensure transparency and
collaboration among all parties to the contract
relating to project costs and project outcomes.''.
(b) Clerical Amendment.--The analysis for chapter 471 of title 49,
United States Code, is amended by striking the item relating to section
47142 and inserting the following:
``47142. Alternative project delivery.''.
SEC. 421. NONMOVEMENT AREA SURVEILLANCE SURFACE DISPLAY SYSTEMS PILOT
PROGRAM.
Section 47143(c) of title 49, United States Code, is amended by
striking ``2023'' and inserting ``2028''.
SEC. 422. REPEAL OF OBSOLETE CRIMINAL PROVISIONS.
Section 47306 of title 49, United States Code, and the item
relating to such section in the analysis for chapter 473 of such title,
are repealed.
SEC. 423. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS.
(a) In General.--Section 50101 of title 49, United States Code, is
amended--
(1) by striking ``(except section 47127)'' each place it
appears; and
(2) by adding at the end the following:
``(d) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Financial assistance made available
under the provisions described in subsection (a) shall not be
used in awarding a contract or subcontract to an entity on or
after the date of enactment of this subsection for the
procurement of rolling stock for use in an airport-related
project if the manufacturer of the rolling stock--
``(A) is incorporated in or has manufacturing
facilities in the United States; and
``(B) is owned or controlled by, is a subsidiary
of, or is otherwise related legally or financially to a
corporation based in a country that--
``(i) is identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
the date of enactment of this subsection;
``(ii) was identified by the United States
Trade Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a foreign country
included on the priority watch list defined in
subsection (g)(3) of that section; and
``(iii) is subject to monitoring by the
Trade Representative under section 306 of the
Trade Act of 1974 (19 U.S.C. 2416).
``(2) Exception.--
``(A) In general.--For purposes of paragraph (1),
the term `otherwise related legally or financially'
does not include--
``(i) a minority relationship or
investment; or
``(ii) relationship with or investment in a
subsidiary, joint venture, or other entity
based in a country described in paragraph
(1)(B) that does not export rolling stock or
components of rolling stock for use in the
United States.
``(B) Corporation based in people's republic of
china.--Notwithstanding subparagraph (A)(i), for
purposes of paragraph (1), the term `otherwise related
legally or financially' includes a minority
relationship or investment if the relationship or
investment involves a corporation based in the People's
Republic of China.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.''.
(b) Conforming Amendments.--
(1) Restricting contract awards because of discrimination
against united states goods or services.--Section 50102 of
title 49, United States Code, is amended by striking ``(except
section 47127)''.
(2) Restriction on airport projects using products or
services of foreign countries denying fair market
opportunities.--Section 50104(b) of title 49, United States
Code, is amended by striking ``(except section 47127)''.
(3) Fraudulent use of made in america label.--Section 50105
of title 49, United States Code, is amended by striking
``(except section 47127)''.
SEC. 424. REGULATORY APPLICATION.
Section 40113(f) of title 49, United States Code, is amended--
(1) by inserting ``or in administering the Airport
Improvement Program under chapter 471'' after ``Code of Federal
Regulations,''; and
(2) by inserting ``or administrative'' after
``regulatory''.
SEC. 425. NATIONAL PRIORITY SYSTEM FORMULAS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall review and update
the National Priority System prioritization formulas contained in
Federal Aviation Administration Order 5090.5 to account for the
amendments to chapter 471 of title 49, United States Code, made by this
Act.
(b) Required Consultation.--In revising the formulas under
subsection (a), the Secretary shall consult with representatives of the
following:
(1) Primary airports, including large, medium, small, and
nonhub airports.
(2) Non-primary airports, including general aviation
airports.
(3) Airport trade associations, including trade
associations representing airport executives.
(4) State aviation officials, including associations
representing such officials.
(5) Air carriers, including mainline, regional, and low
cost air carriers.
(6) Associations representing air carriers.
(c) Priority Projects.--In revising the formulas under subsection
(a), the Secretary shall assign the highest priority to projects that
increase or maintain the safety, efficiency, and capacity of the
aviation system.
SEC. 426. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
(a) Findings.--Congress finds the following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business enterprise
program and the airport concessions disadvantaged business
enterprise program under sections 47113 and 47107(e) of title
49, United States Code, respectively, discrimination and
related barriers continue to pose significant obstacles for
minority- and women-owned businesses seeking to do business in
airport-related markets across the Nation.
(2) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits.
Such testimony and documentation show that race- and gender-
neutral efforts alone are insufficient to address the problem.
(3) The testimony and documentation described in paragraph
(2) demonstrate that race and gender discrimination poses a
barrier to full and fair participation in airport-related
businesses of women business owners and minority business
owners in the racial groups detailed in parts 23 and 26 of
title 49, Code of Federal Regulations, and has impacted firm
development and other aspects of airport-related business in
the public and private markets.
(4) The testimony and documentation described in paragraph
(2) provide a strong basis that there is a compelling need for
the continuation of the airport disadvantaged business
enterprise program and the airport concessions disadvantaged
business enterprise program to address race and gender
discrimination in airport-related business.
(b) Supportive Services.--Section 47113 of title 49, United States
Code, is amended by adding at the end the following:
``(f) Supportive Services.--
``(1) In general.--The Secretary of Transportation, in
coordination with the Administrator of the Federal Aviation
Administration, may, at the request of an airport sponsor,
provide assistance under a grant issued under this subchapter
to develop, conduct, and administer training programs and
assistance programs in connection with any airport improvement
project subject to part 26 of title 49, Code of Federal
Regulations, for small business concerns referred to in
subsection (b) to achieve proficiency to compete, on an equal
basis for contracts and subcontracts related to such projects.
``(2) Eligible entities.--An entity eligible to receive
assistance under this section is--
``(A) a State;
``(B) a political subdivision of a State or local
government;
``(C) a Tribal government;
``(D) an airport sponsor;
``(E) a metropolitan planning organization;
``(F) a group of entities described in
subparagraphs (A) through (E); or
``(G) any other organization considered appropriate
by the Secretary.''.
SEC. 427. 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
``2023'' and inserting ``2028''.
SEC. 428. LIMITED REGULATION OF NONFEDERALLY SPONSORED PROPERTY.
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) In General.--
``(1) Limited regulation.--Except as provided in subsection
(b), the Secretary of Transportation may not require an airport
to seek approval for (including in the submission of an airport
layout plan), or directly or indirectly regulate (including
through any grant assurance)--
``(A) the acquisition, use, lease, encumbrance,
transfer, or disposal of land (including any portion of
such land) by an airport sponsor; or
``(B) the construction, development, improvement,
use, or removal of any facility (including any portion
of such facility) upon such land.
``(2) Burden of demonstrating applicability.--The burden of
demonstrating the nonapplicability of paragraph (1), or the
applicability of an exception under subsection (b), shall be on
the Secretary.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``regulation'' and inserting
``law, regulation, or grant assurance''; and
(ii) in subparagraph (A) by striking
``aircraft operations'' and inserting
``aircraft operations that occur or are
projected to occur at an airport as described
in an airport's master plan'';
(B) in paragraph (2) by striking ``facility'' and
inserting ``facility that the Secretary demonstrates
was''; and
(C) in paragraph (3) by striking ``contained'' and
inserting ``that the Secretary demonstrates is
contained''; and
(3) by striking subsection (c) and inserting the following:
``(c) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to affect the applicability of sections 47107(b) or
47133 of title 49, United States Code, to revenues generated by
the use, lease, encumbrance, transfer, or disposal of land
under subsection (a), facilities upon such land, or any portion
of such land or facilities; or
``(2) to limit the Secretary's authority to approve or
regulate airport projects (or portions of airport projects)
that are not subject to the provisions of subsection (a).''.
SEC. 429. MOTORCOACH ENPLANEMENT PILOT PROGRAM.
With respect to fiscal years 2024 through 2028, passengers who
board a motorcoach at an airport that is chartered or provided by an
air carrier to transport such passengers to another airport at which
the passengers board an aircraft in service in air commerce, that
entered the sterile area of the airport at which such passengers
initially boarded the motorcoach, shall be deemed to be included under
the term ``passenger boardings'' in section 47102 of title 49, United
States Code.
SEC. 430. POPULOUS COUNTIES WITHOUT AIRPORTS.
Notwithstanding any other provision of law, the Secretary of
Transportation may not deny inclusion in the national plan of
integrated airport systems maintained under section 47103 of title 49,
United States Code, to an airport or proposed airport if the airport or
proposed airport--
(1) is located in the most populous county (as such term is
defined in section 2 of title 1, United States Code) of a State
that does not have an airport listed in the national plan;
(2) has an airport sponsor that was established before
January 1, 2017;
(3) is located more than 15 miles away from another airport
listed in the national plan;
(4) demonstrates how the airport will meet the operational
activity required, through a forecast validated by the
Secretary, within the first 10 years of operation;
(5) meets Federal Aviation Administration airport design
standards;
(6) submits a benefit-cost analysis;
(7) presents a detailed financial plan to accomplish
construction and ongoing maintenance; and
(8) has the documented support of the State government for
the entry of the airport or proposed airport into the national
plan.
SEC. 431. CONTINUED AVAILABILITY OF AVIATION GASOLINE.
(a) In General.--The Administrator of the Federal Aviation
Administration shall ensure that any of such varieties of aviation
gasoline as may be necessary to fuel any model of piston-engine
aircraft remain available for purchase at each airport listed on the
national plan of integrated airport systems (as described in section
47103 of title 49, United States Code) at which aviation gasoline was
available for purchase as of October 5, 2018.
(b) Removal of Availability.--The Administrator shall consider a
prohibition or restriction on the sale of such varieties of aviation
gasoline to violate assurance 22 (or any successor assurance related to
economic nondiscrimination) of grant assurances associated with the
airport improvement program under subchapter I of chapter 471 and
chapter 475 of title 49, United States Code.
(c) Aviation Gasoline Defined.--In this section, the term
``aviation gasoline'' means a gasoline on which a tax is imposed under
section 4081(a)(2)(A)(ii) of the Internal Revenue Code of 1986
(including a leaded or unleaded gasoline).
(d) Rule of Construction.--Nothing in this section may be construed
to--
(1) affect any airport sponsor under an investigation
initiated by the Administrator under part 13 or 16 of title 14,
Code of Federal Regulations, relating to the availability of
aviation gasoline found to be out of compliance with the grant
assurance described in subsection (b) before the date of
enactment of this Act;
(2) require any particular action by the Administrator if
the Administrator determines through such investigation that
such airport sponsor has violated a grant assurance; or
(3) prevent an airport or any retail fuel seller at such
airport from making available for purchase and resale an
unleaded aviation gasoline that has been approved by the
Federal Aviation Administration and has an industry consensus
standard for use in lieu of leaded aviation gasoline if such
unleaded aviation gasoline is certified for use in all aircraft
spark ignition piston engine models.
SEC. 432. AIP HANDBOOK UPDATE.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall revise the Airport Improvement Program Handbook (Order 5100.38D)
(in this section referred to as the ``Handbook'') to account for
legislative changes to the airport improvement program under subchapter
I of chapter 471 and chapter 475 of title 49, United States Code, and
to make such other changes as the Administrator determines necessary.
(b) Requirements.--In updating the Handbook, the Administrator may
not impose any additional requirements or restrictions on the use of
Airport Improvement Program funds except as specifically directed by
legislation.
(c) Consultation and Public Comment.--
(1) Consultation.--In developing the revised Handbook under
this section, the Administrator shall consult with aviation
stakeholders, including airports and air carriers.
(2) Public comment.--
(A) In general.--Not later than 30 months after the
date of enactment of this Act, the Administrator shall
publish a draft revision of the Handbook and make such
draft available for public comment for a period of not
less than 90 days.
(B) Review.--The Administrator shall review all
comments submitted during the public comment period
described under subparagraph (A) and, as the
Administrator considers appropriate, incorporate
changes based on such comments into the final revision
of the Handbook.
(d) Interim Implementation of Changes.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall issue
program guidance letters to provide for the interim implementation of
amendments to the Airport Improvement Program made by this Act.
SEC. 433. GAO AUDIT OF AIRPORT FINANCIAL REPORTING PROGRAM.
(a) Audit.--Not later than 18 months after the date of enactment of
this Act, the Comptroller General of the United States shall complete
an audit of the airport financial reporting program of the Federal
Aviation Administration and provide recommendations to the
Administrator of the Federal Aviation Administration on improvements to
such program.
(b) Requirements.--In conducting the audit required under
subsection (a), the Comptroller General shall, at a minimum--
(1) review relevant Administration guidance to airports,
including the version of Advisory Circular 150/5100-19, titled
``Operating and Financial Summary'', that is in effect on the
date of enactment of this Act;
(2) evaluate the information requested or required by the
Administrator from airports for completeness and usefulness by
the Administration and the public;
(3) assess the costs associated with collecting, reporting,
and maintaining such information for airports and the
Administration;
(4) determine if such information provided is--
(A) updated on a regular basis to make such
information useful; and
(B) audited and verified in an appropriate manner;
(5) assess if the Administration has addressed the issues
the Administration discovered during the apportionment and
disbursement of relief funds to airports under the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136)
using inaccurate and aged airport financial data; and
(6) determine whether the airport financial reporting
program as structured as of the date of enactment provides
value to the Administration, the aviation industry, or the
public.
(c) Report to Congress.--Not later than 3 months after the
completion of the audit required under subsection (a), the Comptroller
General shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the findings of such audit and any recommendations provided to the
Administrator to improve or alter the airport financial reporting
program.
SEC. 434. GAO REVIEW OF NONAERONAUTICAL REVENUE STREAMS AT AIRPORTS.
(a) Review.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall initiate a
review of non-aeronautical revenue streams currently used by hub
airports of varying size, assess the impact of nonaeronautical revenue
on airports, and evaluate opportunities for revenue that are unutilized
or are underutilized by such airports.
(b) Scope.--In conducting the review required under subsection (a),
the Comptroller General shall, at a minimum--
(1) examine the nonaeronautical revenue streams at a
variety of public-use airports in the United States;
(2) examine nonaeronautical revenue streams used by foreign
airports;
(3) examine revenue streams used by similar types of
infrastructure operators like train stations, bus depots, and
shopping malls;
(4) determine the revenue effects of entering into, or
choosing not to enter into, concessionaire agreements with
companies operating at airports that are not a party to such
agreements; and
(5) examine users and beneficiaries of airport services,
facilities, property, and passengers, and determine if any such
users or beneficiaries could or should be considered as a
source of nonaeronautical revenue for an airport.
(c) Consultation.--As part of the review required under subsection
(a), the Comptroller General shall consult with representatives of
airport concessionaires, airport sponsors, airport governance entities,
airport financial planning consultants, and any other relevant
stakeholders the Comptroller General determines appropriate.
(d) Findings, Best Practices, and Recommendations.--As part of the
review required under subsection (a), the Comptroller General shall
produce best practices and recommendations that can be adopted by
public-use airports to increase non-aeronautical revenue.
(e) Report to Congress.--Not later than 3 months after the
completion of the review required under subsection (a), the Comptroller
General shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the findings, best practices, and recommendations of such review.
SEC. 435. MAINTAINING SAFE FIRE AND RESCUE STAFFING LEVELS.
(a) Update to Regulation.--The Administrator of the Federal
Aviation Administration shall update the regulations contained in
section 139.319 of title 14, Code of Federal Regulations, to ensure
that paragraph (4) of such section provides that at least 1 individual
maintains certification at the emergency medical technician basic
level, or higher.
(b) Staffing Review.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall conduct a review of
airport environments and related regulations to evaluate sufficient
staffing levels necessary for firefighting and rescue services and
response at airports certified under part 139 of title 14, Code of
Federal Regulations.
(c) Report.--Not later than 1 year after completing the review
under subsection (b), the Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report containing the results of the review.
SEC. 436. GAO STUDY OF ONSITE AIRPORT GENERATION.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall initiate a
study on the feasibility of installation and adoption of certain power
generation property at airports which receive funding from the Federal
Government.
(b) Content.--In carrying out the study required under subsection
(a), the Comptroller General shall examine--
(1) any safety impacts of the installation and operation of
such power generation property, either in aggregate or around
certain locations or structures at the airport;
(2) regulatory barriers to adoption;
(3) benefits to adoption;
(4) previous examples of adoptions;
(5) impacts on other entities; and
(6) previous examples of adoption and factors pertaining to
previous examples of adoption, including--
(A) novel uses beyond supplemental power
generation, such as expanding nonresidential property
around airports to minimize noise, power generation
resilience, and market forces;
(B) challenges identified in the installation
process;
(C) upfront and long-term costs, both foreseen and
unforeseen;
(D) funding sources used to pay for upfront costs;
and
(E) long-term savings.
(c) Report.--Not later than 2 years after the initiation of the
study under subsection (a), the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report and recommendations on the
results of the study.
(d) Power Generation Property Defined.--In this section, the term
``power generation property'' means equipment defined in section
48(a)(3)(A) of the Internal Revenue Code of 1986.
SEC. 437. TRANSPORTATION DEMAND MANAGEMENT AT AIRPORTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study to examine the efficacy of transportation demand management
strategies at United States airports.
(b) Considerations.--In conducting the study under subsection (a),
the Comptroller General shall examine, at minimum--
(1) whether transportation demand management strategies
should be considered by airports when making infrastructure
planning and construction decisions;
(2) the impact of transportation demand management
strategies on existing multimodal options to and from airports
in the United States; and
(3) best practices for developing transportation demand
management strategies that can be used to improve access to
airports for passengers and airport and airline personnel.
(c) Report.--Upon completion of the study conducted under
subsection (a), the Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report on such study.
(d) Definition.--In this section, the term ``transportation demand
management strategy'' means the use of planning, programs, policy,
marketing, communications, incentives, pricing, data, and technology to
optimize travel modes, routes used, departure times, and number of
trips.
SEC. 438. COASTAL AIRPORTS ASSESSMENT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall, in coordination with the Chief of Engineers and Commanding
General of the United States Army Corps of Engineers, initiate an
assessment on the resiliency of coastal airports in the United States.
(b) Contents.--The assessment required under subsection (a) shall--
(1) examine the impact of sea-level rise and other
environmental factors that pose risks to coastal airports; and
(2) identify and evaluate current initiatives to prevent
and mitigate the impacts of factors described in paragraph (1)
on coastal airports.
(c) Report.--Upon completion of the assessment, the Administrator
of the Federal Aviation Administration shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on--
(1) the results of the assessment required under subsection
(a); and
(2) recommendations to improve the resiliency of coastal
airports in the United States.
SEC. 439. 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. If a benefit-cost analysis is
required, the Secretary shall issue a preliminary and
conditional finding, which shall--
``(A) be issued not later than 60 days after the
date on which the sponsor submits 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 provision of law; 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. 440. GAO STUDY ON PER-TRIP AIRPORT FEES FOR TNC CONSUMERS.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Comptroller General of the United States shall conduct a
study of fees that airports assess against customers of transportation
network companies.
(b) Contents.--In carrying out the study required under subsection
(a), the Comptroller General shall address--
(1) the methodology used by airports to set a fee for
customers of TNCs;
(2) expenditures by airports of fees assessed against
customers of TNCs; and
(3) a comparison of the fees imposed by airports on
customers of TNCs and other comparable modes of for-hire
transportation, such as taxi.
(c) Report.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study.
(d) Transportation Network Company Defined; TNC Defined.--In this
section, the term ``transportation network company'' or ``TNC''--
(1) means a corporation, partnership, sole proprietorship,
or other entity that uses a digital network to connect riders
to drivers affiliated with the entity in order for the driver
to transport the rider using a vehicle owned, leased, or
otherwise authorized for use by the driver to a point chosen by
the rider; and
(2) does not include a shared-expense carpool or vanpool
arrangement that is not intended to generate profit for the
driver.
SEC. 441. SPECIAL RULE FOR RECLASSIFICATION OF CERTAIN UNCLASSIFIED
AIRPORTS.
(a) Request for Reclassification.--
(1) In general.--Not later than September 30, 2024, a
privately owned reliever airport (as such term is defined in
section 47102 of title 49, United States Code) that is
identified as unclassified in the National Plan of Integrated
Airport Systems, 2021-2025 (as published under section 47103 of
title 49, United States Code) may submit to the Secretary of
Transportation a request to reclassify the airport according to
the criteria used to classify a publicly owned airport.
(2) Required information.--In submitting a request under
paragraph (1), a privately owned reliever airport shall include
the following information:
(A) A sworn statement and accompanying
documentation that demonstrates how the airport would
satisfy the requirements of Federal Aviation
Administration Order 5090.5, titled ``Formulation of
the NPIAS and ACIP'' (or any successor guidance), to be
classified as ``Local'' or ``Basic'' if the airport was
publicly owned.
(B) A report that--
(i) identifies the role of the airport to
the aviation system; and
(ii) describes the long-term fiscal
viability of the airport based on demonstrated
aeronautical activity and associated revenues
relative to ongoing operating and maintenance
costs.
(b) Eligibility Review.--
(1) 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 obtaining 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--
(i) passes the eligibility review performed
under subsection (b); or
(ii) submits a corrective action plan in
accordance with paragraph (2).
(2) Corrective action plan.--With respect to a privately
owned reliever airport that does not, to the satisfaction of
the Secretary, pass the eligibility review performed under
subsection (b), such airport may resubmit to the Secretary a
reclassification request along with a corrective action plan
that--
(A) resolves any shortcomings identified in such
eligibility review; and
(B) proves that any necessary corrective action has
been completed by the airport.
(d) Effective Date.--The reclassification of any privately owned
reliever airport under this section shall take effect not later than--
(1) September 30, 2026, for any request granted under
subsection (c)(1); and
(2) September 30, 2027, for any request granted after the
submission of a corrective action plan under subsection (c)(2).
SEC. 442. PERMANENT SOLAR POWERED TAXIWAY EDGE LIGHTING SYSTEMS.
Not later than 18 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall produce
an engineering brief that describes the acceptable use of permanent
solar powered taxiway edge lighting systems at regional, local, and
basic nonprimary airports (as categorized in the most recent National
Plan of Integrated Airport Systems).
SEC. 443. SECONDARY RUNWAYS.
In approving grants for projects with funds made available pursuant
to title VIII of division J of the Infrastructure Investment and Jobs
Act (Public Law 117-58) under the heading ``Federal Aviation
Administration--Airport Infrastructure Grants'', the Administrator of
the Federal Aviation Administration shall consider permitting a nonhub
or small hub airport to use such funds to extend secondary runways,
notwithstanding the level of operational activity as such airport.
SEC. 444. INCREASING THE ENERGY EFFICIENCY OF AIRPORTS AND MEETING
CURRENT AND FUTURE ENERGY POWER DEMANDS.
(a) In General.--Section 47140 of title 49, United States Code, is
amended to read as follows:
``Sec. 47140. Meeting current and future energy power demand
``(a) In General.--The Secretary of Transportation shall establish
a program under which the Secretary shall--
``(1) encourage the sponsor of each public-use airport to--
``(A) conduct airport planning that assesses the
airport's--
``(i) current and future energy power
requirements, including--
``(I) heating and cooling;
``(II) on-road airport vehicles and
ground support equipment;
``(III) gate electrification;
``(IV) electric aircraft charging;
and
``(V) vehicles and equipment used
to transport passengers and employees
between the airport and--
``(aa) nearby facilities
owned or controlled by the
airport or which otherwise
directly support the functions
or services provided by the
airport; or
``(bb) an intermodal
surface transportation facility
adjacent to the airport; and
``(ii) existing energy infrastructure
condition, location and capacity, including
base load and backup power, to meet the current
and future electrical power demand as
identified in this subparagraph; and
``(B) conduct airport development to increase
energy efficiency or meet future electrical power
demands as identified in subparagraph (A); and
``(2) reimburse the airport sponsor for the costs incurred
in conducting the assessment under paragraph (1).
``(b) Grants.--
``(1) In general.--The Secretary shall make grants from
amounts made available under section 48103 to assist airport
sponsors that have completed the assessment described in
subsection (a)(1)--
``(A) to acquire or construct equipment that will
increase energy efficiency at the airport; and
``(B) to pursue an airport development project
described in subsection (a)(1)(B).
``(c) Application.--To be eligible for a grant under paragraph (1),
the sponsor of a public-use airport shall submit an application,
including a certification that no safety projects are being deferred by
requesting a grant under this section, to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.''.
(b) Clerical Amendment.--The analysis for chapter 471 of title 49,
United States Code, is amended by striking the item relating to section
47140 and inserting the following:
``47140. Meeting current and future energy power demand.''.
SEC. 445. ELECTRIC AIRCRAFT INFRASTRUCTURE PILOT PROGRAM.
(a) In General.--The Secretary of Transportation may establish a
pilot program under which the sponsors of public-use airports may use
funds made available under chapter 471 or section 48103 of title 49,
United States Code, for use at up to 10 airports to carry out--
(1) activities associated with the acquisition, by purchase
or lease, operation, and installation of equipment to support
the operations of electric aircraft, including interoperable
electric vehicle charging equipment; and
(2) the construction or modification of infrastructure to
facilitate the delivery of power or services necessary for the
use of electric aircraft, including--
(A) on airport utility upgrades; and
(B) associated design costs.
(b) Eligibility.--A public-use airport is eligible for
participation in the pilot program under this section if the Secretary
finds that funds made available under subsection (a) would support--
(1) electric aircraft operators at such airport, or using
such airport; or
(2) electric aircraft operators planning to operate at such
airport with an associated agreement in place.
(c) Sunset.--The pilot program established under subsection (a)
shall sunset 5 years after the date of enactment of this Act.
SEC. 446. CURB MANAGEMENT PRACTICES.
Nothing in this Act shall be construed to--
(1) prevent airports from engaging in curb management
practices, including determining and assigning curb
designations, regulations, and to install and maintain upon any
of the roadways or parts of roadways as many curb zones as
necessary to aid in the regulation, control, and inspection of
passenger loading and unloading; or
(2) prevent airports from enforcing curb zones using
sensor, camera, automated license plate recognition, and
software technologies and issuing citations by mail to the
registered owner of the vehicle.
SEC. 447. NOTICE OF FUNDING OPPORTUNITY.
Notwithstanding part 200 of title 2, Code of Federal Regulations,
or any other provision of law, funds made available as part of the
airport improvement program under subchapter I of chapter 471 or
chapter 475 of title 49, United States Code, shall not be subject to
any public notice of funding opportunity requirement.
SEC. 448. SPECIAL CARRYOVER ASSUMPTION RULE.
Section 47115 of title 49, United States Code, is amended by adding
at the end the following:
``(l) Special Carryover Assumption Rule.--In addition to amounts
made available under paragraphs (1) and (2) of subsection (a), the
Secretary may add to the discretionary fund an amount equal to one-
third of the apportionment funds made available under section 47114
that were not required during the previous fiscal year pursuant to
section 47117(b)(1) out of the anticipated amount of apportionment
funds made available under section 47114 that will not be required
during the current fiscal year pursuant to section 47117(b)(1).''.
SEC. 449. RUNWAY SAFETY PROJECTS.
In awarding grants under section 47115 of title 49, United States
Code, for runway safety projects, the Administrator of the Federal
Aviation Administration shall, to the maximum extent practicable--
(1) reduce unnecessary or undesirable project segmentation;
and
(2) complete the entire project in an expeditious manner.
Subtitle B--Passenger Facility Charges
SEC. 461. PFC APPLICATION APPROVALS.
Section 40117(d) of title 49, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) each project is an eligible airport-related
project;''.
SEC. 462. PFC AUTHORIZATION PILOT PROGRAM IMPLEMENTATION.
Section 40117(l) of title 49, United States Code, is amended--
(1) in the subsection heading by striking ``Pilot Program''
and inserting ``Alternative Procedures''; and
(2) by striking paragraph (1) and inserting the following:
``(1) In general.--In lieu of submitting an application
under subsection (c), an eligible agency may impose a passenger
facility charge in accordance with the procedures under this
subsection subject to the limitations of this section.''.
Subtitle C--Noise and Environmental Programs and Streamlining
SEC. 471. STREAMLINING CONSULTATION PROCESS.
Section 47101(h) of title 49, United States Code, is amended by
striking ``shall'' and inserting ``may''.
SEC. 472. REPEAL OF BURDENSOME EMISSIONS CREDIT REQUIREMENTS.
Section 47139 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``airport sponsors
receive'' and inserting ``airport sponsors may
receive'';
(ii) by striking ``carrying out projects''
and inserting ``carrying out projects,
including projects''; and
(iii) by striking ``conditions'' and
inserting ``considerations''; and
(B) in paragraph (2)--
(i) by striking ``airport sponsor'' and
inserting ``airport sponsor, including for an
airport outside of a nonattainment area,'';
(ii) by striking ``only'';
(iii) by striking ``or as offsets'' and
inserting ``, as offsets''; and
(iv) by striking the period at the end and
inserting ``, or as part of a State
implementation plan.'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
SEC. 473. EXPEDITED ENVIRONMENTAL REVIEW AND ONE FEDERAL DECISION.
Section 47171 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``Secretary of
Transportation'' and inserting ``Administrator of the Federal
Aviation Administration'';
(2) by striking ``Secretary'' in each place it appears and
inserting ``Administrator'';
(3) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``develop and''; and
(ii) by striking ``projects at congested
airports'' and all that follows through
``aviation security projects'' and inserting
``projects, terminal development projects,
general aviation airport construction or
improvement projects, and aviation safety
projects''; and
(B) in paragraph (1) by striking ``better'' and
inserting ``streamlined''.
(4) by striking subsection (b) and inserting the following:
``(b) Aviation Projects Subject to a Streamlined Environmental
Review Process.--
``(1) In general.--Any airport capacity enhancement
project, terminal development project, or general aviation
airport construction or improvement project shall be subject to
the coordinated and expedited environmental review process
requirements set forth in this section.
``(2) Project designation criteria.--
``(A) In general.--The Administrator may designate
an aviation safety project for priority environmental
review. A designated project shall be subject to the
coordinated and expedited environmental review process
requirements set forth in this section.
``(B) Project designation criteria.--The
Administrator shall establish guidelines for the
designation of an aviation safety project or aviation
security project for priority environmental review.
Such guidelines shall provide for consideration of--
``(i) the importance or urgency of the
project;
``(ii) the potential for undertaking the
environmental review under existing emergency
procedures under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(iii) the need for cooperation and
concurrent reviews by other Federal or State
agencies; and
``(iv) the prospect for undue delay if the
project is not designated for priority
review.'';
(5) in subsection (c) by striking ``an airport capacity
enhancement project at a congested airport or a project
designated under subsection (b)(3)'' and inserting ``a project
described or designated under subsection (b)'';
(6) in subsection (d) by striking ``each airport capacity
enhancement project at a congested airport or a project
designated under subsection (b)(3)'' and inserting ``a project
described or designated under subsection (b)'';
(7) in subsection (h) by striking ``designated under
subsection (b)(3)'' and all that follows through ``congested
airports'' and inserting ``described in subsection (b)(1)'';
(8) in subsection (j)--
(A) by striking ``For any'' and inserting the
following:
``(1) In general.--For any''; and
(B) by adding at the end the following:
``(2) Deadline.--The Administrator shall define the purpose
and need of a project not later than 45 days after receipt of a
draft purpose and need statement (or revision thereof that
materially affects a statement previously prepared or accepted
by the Administrator) from an airport sponsor. The
Administrator shall provide airport sponsors with appropriate
guidance to implement any applicable requirements.'';
(9) in subsection (k)--
(A) by striking ``an airport capacity enhancement
project at a congested airport or a project designated
under subsection (b)(3)'' and inserting ``a project
described or designated under subsection (b)'';
(B) by striking ``project shall consider'' and
inserting the following:
``project shall--
``(1) consider'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(2) limit the comments of the agency to--
``(A) subject matter areas within the special
expertise of the agency; and
``(B) changes necessary to ensure the agency is
carrying out the obligations of that agency under the
National Environmental Policy Act of 1969 and other
applicable law.'';
(10) in subsection (l) by striking the period at the end
and inserting ``and section 1503 of title 40, Code of Federal
Regulations.''; and
(11) by striking subsection (m) and inserting the
following:
``(m) Coordination and Schedule.--
``(1) Coordination plan.--
``(A) In general.--Not later than 90 days after the
date of publication of a notice of intent to prepare an
environmental impact statement or the initiation of an
environmental assessment, the Administrator of the
Federal Aviation Administration shall establish a plan
for coordinating public and agency participation in and
comment on the environmental review process for a
project described or designated under subsection (b).
The coordination plan may be incorporated into a
memorandum of understanding.
``(B) Cloud-based, interactive digital platforms.--
The Administrator is encouraged to utilize cloud-based,
interactive digital platforms to meet community
engagement and agency coordination requirements under
subparagraph (A).
``(C) Schedule.--
``(i) In general.--The Administration shall
establish as part of such coordination plan,
after consultation with and the concurrence of
each participating agency for the project and
with the State in which the project is located
(and, if the State is not the project sponsor,
with the project sponsor), a schedule for--
``(I) interim milestones and
deadlines for agency activities
necessary to complete the environmental
review; and
``(II) completion of the
environmental review process for the
project.
``(ii) Factors for consideration.--In
establishing the schedule under clause (i), the
Administration shall consider factors such as--
``(I) the responsibilities of
participating agencies under applicable
laws;
``(II) resources available to the
cooperating agencies;
``(III) overall size and complexity
of the project;
``(IV) the overall time required by
an agency to conduct an environmental
review and make decisions under
applicable Federal law relating to a
project (including the issuance or
denial of a permit or license) and the
cost of the project; and
``(V) the sensitivity of the
natural and historic resources that
could be affected by the project.
``(iii) Maximum project schedule.--To the
maximum extent practicable and consistent with
applicable Federal law, the Administrator shall
develop, in concurrence with the project
sponsor, a maximum schedule for the project
described or designated under subsection (b)
that is not more than 2 years for the
completion of the environmental review process
for such projects, as measured from, as
applicable the date of publication of a notice
of intent to prepare an environmental impact
statement to the record of decision.
``(iv) Dispute resolution.--
``(I) In general.--Any issue or
dispute that arises between the
Administrator and participating
agencies (or amongst participating
agencies) during the environmental
review process will be addressed
expeditiously to avoid delay.
``(II) Responsibilities.--The
Administrator and participating
agencies shall--
``(aa) implement the
requirements of this section
consistent with any dispute
resolution process established
in an applicable law,
regulation, or legally binding
agreement to the maximum extent
permitted by law; and
``(bb) seek to resolve
issues or disputes at the
earliest possible time at the
project level through agency
employees who have day-to-day
involvement in the project.
``(III) Elevation for missed
milestone.--If a dispute between the
Administrator and participating
agencies (or amongst participating
agencies) causes a milestone to be
missed or extended, or the
Administrator anticipates that a
permitting timetable milestone will be
missed or will need to be extended,
then the dispute shall be elevated to
an official designated by the relevant
agency for resolution. Such elevation
should take place as soon as
practicable after the Administrator
becomes aware of the dispute or
potential missed milestone.
``(IV) Exception.--Disputes that do
not impact the ability of an agency to
meet a milestone may be elevated as
appropriate.
``(V) Further evaluation.--Once a
dispute has been elevated to the
designated official, if no resolution
has been reached at the end of 30 days
after the relevant milestone date or
extension date, then the relevant
agencies shall elevate the dispute to
senior agency leadership for
resolution.
``(D) Consistency with other time periods.--A
schedule under subparagraph (B) shall be consistent
with any other relevant time periods established under
Federal law.
``(E) Modification.--
``(i) In general.--Except as provided in
clause (ii), the Administrator may lengthen or
shorten a schedule established under
subparagraph (B) for good cause. A decision by
a project sponsor to change, modify, expand, or
reduce the scope of a project may be considered
as good cause for lengthening or shortening of
such schedule as appropriate and based on the
nature and extent of the proposed project
adjustment.
``(ii) Limitations.--
``(I) Lengthened schedule.--The
Administrator may lengthen a schedule
under clause (i) for a cooperating
Federal agency by not more than 1 year
after the latest deadline established
for the project described or designated
under subsection (b) by the
Administration.
``(II) Shortened schedule.--The
Administrator may not shorten a
schedule under clause (i) if doing so
would impair the ability of a
cooperating Federal agency to conduct
necessary analyses or otherwise carry
out relevant obligations of the Federal
agency for the project.
``(F) Failure to meet deadline.--If a cooperating
Federal agency fails to meet a deadline established
under subparagraph (D)(ii)(I)--
``(i) the cooperating Federal agency shall,
not later than 10 days after meeting the
deadline, submit to the Administrator a report
that describes the reasons why the deadline was
not met; and
``(ii) the Secretary shall--
``(I) submit to the Committee on
Transportation and Infrastructure of
the House of Representatives and the
Committee on Commerce, Science, and
Transportation of the Senate a copy of
the report under clause (i); and
``(II) make the report under clause
(i) publicly available on the website
of the agency.
``(G) Dissemination.--A copy of a schedule under
subparagraph (B), and of any modifications to the
schedule, shall be--
``(i) provided to all participating
agencies and to the State transportation
department of the State in which the project is
located (and, if the State is not the project
sponsor, to the project sponsor); and
``(ii) made available to the public.
``(2) Comment deadlines.--The Administrator shall establish
the following deadlines for comment during the environmental
review process for a project:
``(A) For comments by agencies and the public on a
draft environmental impact statement, a period of not
more than 60 days after publication in the Federal
Register of notice of the date of public availability
of such statement, unless--
``(i) a different deadline is established
by agreement of the lead agency, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(B) For all other comment periods established by
the lead agency for agency or public comments in the
environmental review process, a period of no more than
30 days from availability of the materials on which
comment is requested, unless--
``(i) a different deadline is established
by agreement of the Administrator, the project
sponsor, and all participating agencies; or
``(ii) the deadline is extended by the lead
agency for good cause.
``(3) Deadlines for decisions under other laws.--In any
case in which a decision under any Federal law relating to a
project described or designated under subsection (b) (including
the issuance or denial of a permit or license) is required to
be made by the later of the date that is 180 days after the
date on which the Administrator made all final decisions of the
lead agency with respect to the project, or 180 days after the
date on which an application was submitted for the permit or
license, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and publish on the website of the
Administration--
``(A) as soon as practicable after the 180-day
period, an initial notice of the failure of the Federal
agency to make the decision; and
``(B) every 60 days thereafter until such date as
all decisions of the Federal agency relating to the
project have been made by the Federal agency, an
additional notice that describes the number of
decisions of the Federal agency that remain outstanding
as of the date of the additional notice.
``(4) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for public
comment in the environmental review process under existing
Federal law, including a regulation.
``(n) Concurrent Reviews and Single NEPA Document.--
``(1) Concurrent reviews.--Each participating agency and
cooperating agency under the expedited and coordinated
environmental review process established under this section
shall--
``(A) carry out the obligations of that agency
under other applicable law concurrently, and in
conjunction, with the review required under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), unless doing so would impair the ability
of the Federal agency to conduct needed analysis or
otherwise carry out such obligations; and
``(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the agency
to ensure completion of the environmental review
process in a timely, coordinated, and environmentally
responsible manner.
``(2) Single nepa document.--
``(A) In general.--Except as inconsistent with
subsection (a), to the maximum extent practicable and
consistent with Federal law, all Federal permits and
reviews for a project shall rely on a single
environment document prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) under the leadership of the Administrator of the
Federal Aviation Administration.
``(B) Use of document.--
``(i) In general.--To the maximum extent
practicable, the Administrator shall develop an
environmental document sufficient to satisfy
the requirements for any Federal approval or
other Federal action required for the project,
including permits issued by other Federal
agencies.
``(ii) Cooperation of participating
agencies.--Other participating agencies shall
cooperate with the lead agency and provide
timely information to help the lead agency
carry out this subparagraph.
``(C) Treatment as participating and cooperating
agencies.--A Federal agency required to make an
approval or take an action for a project, as described
in this paragraph, shall work with the Administration
for the project to ensure that the agency making the
approval or taking the action is treated as being both
a participating and cooperating agency for the project.
``(3) Participating agency responsibilities.--An agency
participating in the expedited and coordinated environmental
review process under this section shall--
``(A) provide comments, responses, studies, or
methodologies on those areas within the special
expertise or jurisdiction of the agency; and
``(B) use the process to address any environmental
issues of concern to the agency.
``(o) Environmental Impact Statement.--
``(1) In general.--In preparing a final environmental
impact statement under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for a project described or
designated under subsection (b), if the Administrator modifies
the statement in response to comments that are minor and are
confined to factual corrections or explanations of why the
comments do not warrant additional agency response, the
Administrator may write on errata sheets attached to the
statement instead of rewriting the draft statement, subject to
the condition that the errata sheets--
``(A) cite the sources, authorities, and reasons
that support the position of the agency; and
``(B) if appropriate, indicate the circumstances
that would trigger agency reappraisal or further
response.
``(2) Single document.--To the maximum extent practicable,
for a project subject to a coordinated review process under
this section, the Administrator shall expeditiously develop a
single document that consists of a final environmental impact
statement and a record of decision, unless--
``(A) the final environmental impact statement or
record of decision makes substantial changes to the
project that are relevant to environmental or safety
concerns; or
``(B) there is a significant new circumstance or
information relevant to environmental concerns that
bears on the proposed action or the environmental
impacts of the proposed action.
``(3) Length of environmental document.--
``(A) In general.--Except as provided in
subparagraph (B), an environmental impact statement
shall not exceed 150 pages, not including any citations
or appendices.
``(B) Extraordinary complexity.--An environmental
impact statement for a proposed agency action of
extraordinary complexity shall not exceed 300 pages,
not including any citations or appendices.
``(p) Integration of Planning and Environmental Review.--
``(1) In general.--Subject to paragraph (5) and to the
maximum extent practicable and appropriate, the following
agencies may adopt or incorporate by reference, and use a
planning product in proceedings relating to, any class of
action in the environmental review process of a project
described or designated under subsection (b):
``(A) The lead agency for a project, with respect
to an environmental impact statement, environmental
assessment, categorical exclusion, or other document
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(B) A cooperating agency with responsibility
under Federal law with respect to the process for and
completion of any environmental permit, approval,
review, or study required for a project under any
Federal law other than the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), if
consistent with that law.
``(2) Identification.--If the relevant agency makes a
determination to adopt or incorporate by reference and use a
planning product under paragraph (1), such agency shall
identify the agencies that participated in the development of
the planning products.
``(3) Adoption or incorporation by reference of planning
products.--The relevant agency may--
``(A) adopt or incorporate by reference an entire
planning product under paragraph (1); or
``(B) select portions of a planning project under
paragraph (1) for adoption or incorporation by
reference.
``(4) Timing.--The adoption or incorporation by reference
of a planning product under paragraph (1) may--
``(A) be made at the time the relevant agencies
decide the appropriate scope of environmental review
for the project; or
``(B) occur later in the environmental review
process, as appropriate.
``(5) Conditions.--The relevant agency in the environmental
review process may adopt or incorporate by reference a planning
product under this section if the relevant agency determines,
with the concurrence of the lead agency and, if the planning
product is necessary for a cooperating agency to issue a
permit, review, or approval for the project, with the
concurrence of the cooperating agency, that the following
conditions have been met:
``(A) The planning product was developed through a
planning process conducted pursuant to applicable
Federal law.
``(B) The planning product was developed in
consultation with appropriate Federal and State
resource agencies and Indian Tribes.
``(C) The planning process included broad
multidisciplinary consideration of systems-level or
corridor-wide transportation needs and potential
effects, including effects on the human and natural
environment.
``(D) The planning process included public notice
that the planning products produced in the planning
process may be adopted during any subsequent
environmental review process in accordance with this
section.
``(E) During the environmental review process, the
relevant agency has--
``(i) made the planning documents available
for public review and comment by members of the
general public and Federal, State, local, and
Tribal governments that may have an interest in
the proposed project;
``(ii) provided notice of the intention of
the relevant agency to adopt or incorporate by
reference the planning product; and
``(iii) considered any resulting comments.
``(F) There is no significant new information or
new circumstance that has a reasonable likelihood of
affecting the continued validity or appropriateness of
the planning product or portions thereof.
``(G) The planning product has a rational basis and
is based on reliable and reasonably current data and
reasonable and scientifically acceptable methodologies.
``(H) The planning product is documented in
sufficient detail to support the decision or the
results of the analysis and to meet requirements for
use of the information in the environmental review
process.
``(I) The planning product is appropriate for
adoption or incorporation by reference and use in the
environmental review process for the project and is
incorporated in accordance with, and is sufficient to
meet the requirements of, the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section
1502.21 of title 40, Code of Federal Regulations.
``(6) Effect of adoption or incorporation by reference.--
Any planning product or portions thereof adopted or
incorporated by reference by the relevant agency in accordance
with this subsection may be--
``(A) incorporated directly into an environmental
review process document or other environmental
document; and
``(B) relied on and used by other Federal agencies
in carrying out reviews of the project.
``(q) Report on NEPA Data.--
``(1) In general.--The Administrator of the Federal
Aviation Administration shall carry out a process to track, and
annually submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on projects described in subsection (b)(1) that
contains the information described in paragraph (3).
``(2) Time to complete.--For purposes of paragraph (3), the
NEPA process--
``(A) for an environmental impact statement--
``(i) begins on the date on which a notice
of intent is published in the Federal Register;
and
``(ii) ends on the date on which the
Administrator issues a record of decision,
including, if necessary, a revised record of
decision; and
``(B) for an environmental assessment--
``(i) begins on the date on which the
Administrator makes a determination to prepare
an environmental assessment; and
``(ii) ends on the date on which the
Administrator issues a finding of no
significant impact or determines that
preparation of an environmental impact
statement is necessary.
``(3) Information described.--The information referred to
in paragraph (1) is, with respect to the Federal Aviation
Administration--
``(A) the number of proposed actions for which a
categorical exclusion was applied by the Administration
during the reporting period;
``(B) the number of proposed actions for which a
documented categorical exclusion was applied by the
Administration during the reporting period;
``(C) the number of proposed actions pending on the
date on which the report is submitted for which the
issuance of a documented categorical exclusion by the
Administration is pending;
``(D) the number of proposed actions for which an
environmental assessment was issued by the
Administration during the reporting period;
``(E) the length of time the Administration took to
complete each environmental assessment described in
subparagraph (D);
``(F) the number of proposed actions pending on the
date on which the report is submitted for which an
environmental assessment is being drafted by the
Administration;
``(G) the number of proposed actions for which a
final environmental impact statement was completed by
the Administration during the reporting period;
``(H) the length of time that the Administration
took to complete each environmental impact statement
described in subparagraph (G);
``(I) the number of proposed actions pending on the
date on which the report is submitted for which an
environmental impact statement is being drafted; and
``(J) for the proposed actions reported under
subparagraphs (F) and (I), the percentage of those
proposed actions for which--
``(i) project funding has been identified;
and
``(ii) all other Federal, State, and local
activities that are required to allow the
proposed action to proceed are completed.
``(4) Definitions.--In this section:
``(A) Environmental assessment.--The term
`environmental assessment' has the meaning given the
term in section 1508.1 of title 40, Code of Federal
Regulations (or a successor regulation).
``(B) Environmental impact statement.--The term
`environmental impact statement' means a detailed
statement required under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
``(C) NEPA process.--The term `NEPA process' means
the entirety of the development and documentation of
the analysis required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), including
the assessment and analysis of any impacts,
alternatives, and mitigation of a proposed action, and
any interagency participation and public involvement
required to be carried out before the Administrator
undertakes a proposed action.
``(D) Proposed action.--The term `proposed action'
means an action (within the meaning of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.)) under this title that the Administrator proposes
to carry out.
``(E) Reporting period.--The term `reporting
period' means the fiscal year prior to the fiscal year
in which a report is issued under subsection (a).''.
SEC. 474. SUBCHAPTER III DEFINITIONS.
Section 47175 of title 49, United States Code, is amended--
(1) in paragraph (3)(A) by striking ``and'' at the end and
inserting ``or'';
(2) in paragraph (4)--
(A) in subparagraph (A) by striking ``and'' at the
end; and
(B) in subparagraph (B)--
(i) by striking ``(B)''; and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (B) and (C), respectively;
(3) by striking paragraph (5);
(4) by redesignating paragraphs (3), (1), (4), (2), (6),
and (8) as paragraphs (1), (2), (3), (4), (5), and (6),
respectively; and
(5) by adding at the end the following:
``(8) Terminal development.--The term `terminal
development' has the same meaning given such term in section
47102.''.
SEC. 475. PILOT PROGRAM EXTENSION.
Section 190(i) of the FAA Reauthorization Act of 2018 (49 U.S.C.
47104 note) is amended by striking ``5 years'' and all that follows
through the period at the end and inserting ``on October 1, 2028.''.
SEC. 476. PART 150 NOISE STANDARDS UPDATE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall review and revise part 150 of title 14, Code of Federal
Regulations, to reflect all relevant laws and regulations, including
part 161 of title 14, Code of Federal Regulations.
(b) Outreach.--As part of the review conducted under subsection
(a), the Administrator shall clarify existing and future noise policies
and standards and seek feedback from airports, airport users, and
individuals living in the vicinity of airports and in overflight
communities before implementing any changes to any noise policies or
standards.
(c) Briefing.--Not later than 90 days after the date of enactment
of this Act, and every 6 months thereafter, the Administrator shall
brief the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding the review conducted under
subsection (a).
(d) Sunset.--The requirement under subsection (c) shall terminate
on September 30, 2028.
(e) Overflight Community Defined.--In this section, the term
``overflight community'' means an area--
(1) located under the flight paths of aircraft;
(2) that experiences noise annoyance from such aircraft or
airports; and
(3) that is located in an area that experiences a day-night
average sound level lower than the threshold of significant
noise exposure established by the Administrator of the Federal
Aviation Administration.
SEC. 477. REDUCING COMMUNITY AIRCRAFT NOISE EXPOSURE.
In implementing or revising a flight procedure, the Administrator
of the Federal Aviation Administration shall seek to take the following
actions (to the extent that such actions do not negatively affect
aviation safety or efficiency) to reduce undesirable aircraft noise:
(1) Implement flight procedures that can mitigate the
impact of aircraft noise.
(2) Work with airport sponsors and potentially impacted
neighboring communities in establishing or modifying aircraft
arrival and departure routes.
(3) Discourage local encroachment of residential or other
buildings near airports that could create future aircraft noise
complaints or impact airport operations or aviation safety.
SEC. 478. CATEGORICAL EXCLUSIONS.
(a) Categorical Exclusion for Projects of Limited Federal
Assistance.--An action by the Administrator of the Federal Aviation
Administration to approve, permit, finance, or otherwise authorize any
airport project that is undertaken by the sponsor, owner, or operator
of a public-use airport shall be presumed to be covered by a
categorical exclusion under Federal Aviation Administration Order
1050.1F, or any successor document, if such project--
(1) receives less than $6,000,000 (as adjusted annually by
the Administrator to reflect any increases in the Consumer
Price Index prepared by the Department of Labor) of Federal
funds or funds from charges collected under section 40117 of
title 49, United States Code; or
(2) with a total estimated cost of not more than
$35,000,000 (as adjusted annually by the Administrator to
reflect any increases in the Consumer Price Index prepared by
the Department of Labor) and Federal funds comprising less than
15 percent of the total estimated project cost.
(b) Categorical Exclusion in Emergencies.--An action by the
Administrator to approve, permit, finance, or otherwise authorize an
airport project that is undertaken by the sponsor, owner, or operator
of a public-use airport shall be presumed to be covered by a
categorical exclusion under Federal Aviation Administration Order
1050.1F, or any successor document, if such project is--
(1) for the repair or reconstruction of any airport
facility, runway, taxiway, or similar structure that is in
operation or under construction when damaged by an emergency
declared by the Governor of the State and concurred in by the
Administrator, or for a disaster or emergency declared by the
President pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(2) in the same location with the same capacity,
dimensions, and design as the original airport facility,
runway, taxiway, or similar structure as before the declaration
described in this section; and
(3) commenced within a 2-year period beginning on the date
of a declaration described in this section.
(c) Extraordinary Circumstances.--The presumption that an action is
covered by a categorical exclusion under subsections (a) and (b) shall
not apply if the Administrator determines that extraordinary
circumstances exist with respect to such action.
(d) Rule of Construction.--Nothing in this section shall be
construed to impact any aviation safety authority of the Administrator.
(e) Definitions.--In this section:
(1) Categorical exclusion.--The term ``categorical
exclusion'' has the meaning given the term in section 1508.1(d)
of title 40, Code of Federal Regulations.
(2) Public-use airport; sponsor.--The terms ``public-use
airport'' and ``sponsor'' have the meaning given such terms in
section 47102 of title 49, United States Code.
SEC. 479. CRITICAL HABITAT ON OR NEAR AIRPORT PROPERTY.
(a) Federal Agency Requirements.--The Administrator of the Federal
Aviation Administration, to the maximum extent practicable, shall
collaborate with the heads of appropriate Federal agencies to ensure
that designations of critical habitat, as such term is defined in
section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532), on or
near airport property do not--
(1) result in conflicting statutory, regulatory, or Federal
grant assurance requirements for airports or aircraft
operators;
(2) interfere with the safe operation of aircraft; or
(3) occur on airport-owned lands that have become
attractive habitat for a threatened or endangered species
because such lands--
(A) have been prepared for future development;
(B) have been designated as noise buffer land; or
(C) are held by the airport to prevent encroachment
of uses that are incompatible with airport operations.
(b) State Requirements.--In a State in which a State agency is
authorized to designate land on or near airport property for the
conservation of a threatened or endangered species in the State, the
Administrator, to the maximum extent practicable, shall collaborate
with the State in the same manner as the Administrator collaborates
with the heads of Federal agencies under subsection (a).
SEC. 480. UPDATING PRESUMED TO CONFORM LIMITS.
Not later than 24 months after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall take
such actions as are necessary to update the Administration's list of
actions that are presumed to conform to a State implementation plan
pursuant to section 93.153(f) of title 40, Code of Federal Regulations,
to include projects relating to the construction of aircraft hangars.
SEC. 481. RECOMMENDATIONS ON REDUCING ROTORCRAFT NOISE IN DISTRICT OF
COLUMBIA.
(a) Study.--The Comptroller General of the United States shall
conduct a study on reducing rotorcraft noise in the District of
Columbia.
(b) Contents.--The study conducted under subsection (a) shall
consider--
(1) the extent to which military operators consider
operating over unpopulated areas outside of the District of
Columbia for training missions;
(2) the extent to which vehicles or aircraft other than
conventional rotorcraft (such as unmanned aircraft) could be
used for emergency and law enforcement response; and
(3) the extent to which relevant operators and entities
have assessed and addressed, as appropriate, the noise impacts
of various factors of operating rotorcraft, including, at a
minimum--
(A) altitude;
(B) the number of flights;
(C) flight paths;
(D) time of day of flights;
(E) types of aircraft;
(F) operating procedures; and
(G) pilot training.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall brief the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on preliminary observations with a report
to follow at a date agreed upon at the time of the briefing
containing--
(1) the contents of the study conducted under subsection
(a); and
(2) any recommendations for the reduction of rotorcraft
noise in the District of Columbia.
(d) Relevant Operators and Entities Defined.--In this section, the
term ``relevant operators and entities'' means--
(1) the Chief of Police of the Metropolitan Police
Department of the District of Columbia;
(2) any medical rotorcraft operator that routinely flies a
rotorcraft over the District of Columbia; and
(3) any other operator that routinely flies a rotorcraft
over the District of Columbia.
SEC. 482. UFP STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall enter into an agreement with the National
Academies under which the National Research Council shall carry out a
study examining airborne ultrafine particles and the effect of such
particles on human health.
(b) Scope of Study.--The study conducted under subsection (a)
shall--
(1) summarize the relevant literature and studies done on
airborne UPFs worldwide;
(2) focus on large hub airports;
(3) examine airborne UFPs and their potential effect on
human health, including--
(A) characteristics of UFPs present in the air;
(B) spatial and temporal distributions of UFP
concentrations;
(C) primary sources of UFPs;
(D) the contribution of aircraft and airport
operations to the distribution of UFP concentrations
compared to other sources;
(E) potential health effects associated with
elevated UFP exposures, including outcomes related to
cardiovascular disease, respiratory infection and
disease, degradation of neurocognitive functions, and
other health effects; and
(F) potential UFP exposures, especially to
susceptible groups;
(4) identify measures intended to reduce the release of
UFPs; and
(5) identify information gaps related to understanding
potential relationships between UFP exposures and health
effects, contributions of aviation-related emissions to UFP
exposures, and the effectiveness of mitigation measures.
(c) Coordination.-- The Administrator may coordinate with the heads
of such other agencies that the Administrator considers appropriate to
provide data and other assistance necessary for the study.
(d) Report.--Not later than 180 days after the National Research
Council submits of the results of the study to the Administrator, the
Administrator shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the results of the study carried out under subsection (a), including
any recommendations based on such study.
(e) Definition of Ultrafine Particle.--In this section, the terms
``ultrafine particle'' and ``UFP'' mean particles with diameters less
than or equal to 100 nanometers.
SEC. 483. AVIATION AND AIRPORT COMMUNITY ENGAGEMENT.
(a) Establishment of Task Force.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish an airport community of
interest task force (in this section referred to as the ``Task
Force'') to evaluate and improve existing processes and
mechanisms for engaging communities impacted by airport
development and aviation operations.
(2) Activities.--The Task Force shall--
(A) review research on aircraft noise impacts to
identify potential actions the Administrator could
take;
(B) review processes and practices of the
Administration for engaging communities prior to or
after air traffic pattern changes that impact such
communities, including with how such processes and
practices compare to best practices from organizations
with expertise in grassroots community organizing and
collaboration;
(C) assess Federal efforts to mitigate noise
impacts on communities, including costs and benefits of
such efforts;
(D) assess the various actions that State and local
government officials and community planners could take
when considering changes to airport infrastructure,
including planned airport projects or surrounding
airport community developments;
(E) identify potential improvements to Federal,
State, and local airport development policy and
planning processes to better balance which communities
experience negative externalities as a result of
airport operations;
(F) consider guidance to airports and airport
communities to improve engagement with the
Administration, as recommended by the document titled
``Aircraft Noise: FAA Could Improve Outreach Through
Enhanced Noise Metrics, Communication, and Support to
Communities'', issued in September 2021 (GAO-21-
103933);
(G) consider mechanisms and opportunities for the
Administration to facilitate better exchange of
helicopter noise information with operators in
communities adversely impacted by helicopter noise, as
recommended by the Comptroller General in the document
titled ``Aircraft Noise: Better Information Sharing
Could Improve Responses to Washington, D.C. Area
Helicopter Noise Concerns'' (GAO-21-200); and
(H) review air traffic controller guidance on use
and development of noise abatement procedures of the
Administration to identify areas for improvement or
efficiency that do not adversely impact aviation
safety.
(3) Composition.--
(A) Appointment.--The Administrator shall appoint
the members of the Task Force.
(B) Chairperson.--The Task Force shall be chaired
by the Administrator's executive level designee.
(C) Representation.--The Task Force shall be
comprised of representatives from--
(i) multiple airport communities and
communities in the vicinity of airports;
(ii) airport operators;
(iii) airlines;
(iv) experts with specific knowledge of air
traffic planning;
(v) aircraft manufacturers;
(vi) local government officials; and
(vii) such other representatives as the
Administrator considers appropriate.
(4) Compensation.--Members of the Task Force shall serve
without compensation.
(5) Nonapplicability of faca.--Chapter 10 of title 5,
United States Code, shall not apply to the Task Force
established under this section.
(6) Consultation.--The Task Force shall, as appropriate,
consult with relevant experts and stakeholders not listed in
paragraph (3)(C) in conducting the activities described in
paragraph (2).
(7) Reports.--
(A) Recommendations.--Not later than 1 year after
the date of the establishment of the Task Force and
every year thereafter through fiscal year 2028, the
Task Force shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Administrator
recommendations to improve the processes and mechanisms
for engaging communities impacted by airport
development and aviation operations.
(B) Briefing.--Not later than 60 days after the
submission of the annual recommendations under
subparagraph (A), the Administrator shall brief the
committees described in such subparagraph on any plans
of the Administration to implement the recommendations
of the Task Force, including explanations for each of
the recommendations the Administrator does not intend
to adopt.
(b) Engagement Events.--
(1) Annual event.--The Administrator shall seek to convene
at least 2 annual events in each geographic region of the
Administration to engage with aviation communities on issues of
regional import.
(2) Purpose.--The purpose of the engagement events
described under paragraph (1) shall be to foster open and
transparent communication between the Federal Government and
aviation-impacted communities prior to, during, and after
decision making at the Federal level.
(3) Topics of consideration.--The topics of consideration
of such engagement events shall be approved by the Regional
Administrator or the Regional Community Engagement Officer of
the applicable region, in consultation with regional interest
groups. Topic areas shall be driven by local and regional
feedback and may focus on--
(A) noise concerns from low-flying commercial
aircraft;
(B) purchase and installation of aircraft noise
reduction measures;
(C) new development projects in close proximity to
airports and realistic noise expectations for such
projects;
(D) proposed airport expansion projects and the
potential noise implications of such projects;
(E) the establishment of new, or changes to
existing, approach and departure routes and the
community impacts of such changes;
(F) upcoming events with an aviation component; or
(G) any other topic or issue considered relevant by
an aviation-impacted community.
(4) Participation.--
(A) Coordination.--All events described in
paragraph (3) shall be convened by or in coordination
with the regional offices of the Administration.
(B) Attendance by representatives.--The
Administrator shall ensure representatives from
relevant program offices of the Administration are in
attendance at such events.
(C) Appropriate participation.--The Administrator
shall collaborate with community groups at the State,
municipal, city, or local government level to ensure
appropriate participation by as many relevant parties
on a given issue as practicable. Such relevant parties
may include--
(i) State or local government officials;
(ii) local or municipal planning and zoning
officials;
(iii) neighborhood representatives;
(iv) aircraft operators, flight school
representatives, or other local aviation
entities;
(v) airport operators; and
(vi) any other parties as appropriate.
(D) Coordination.--The Administrator shall
coordinate Federal participation that is not under the
Administration through the Federal Interagency
Committee on Aviation Noise to encourage appropriate
Federal representation at all such events, based on the
topic areas of consideration.
SEC. 484. COMMUNITY COLLABORATION PROGRAM.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a Community Collaboration Program (in
this section referred to as the ``Program'') within the Office for
Policy, International Affairs, and Environment of the Administration.
(b) Staff.--The Program shall be comprised of representatives
from--
(1) the Office for Policy, International Affairs, and
Environment of the Administration;
(2) the Office of Airports of the Administration;
(3) the Air Traffic Organization of the Administration; and
(4) other entities as considered appropriate by the
Administrator.
(c) Responsibilities.--
(1) In general.--The Program shall facilitate and
harmonize, as appropriate, policies and procedures carried out
by the entities listed in subsection (b) pertaining to
community engagement relating to--
(A) airport planning and development;
(B) noise and environmental policy;
(C) NextGen implementation;
(D) air traffic route changes;
(E) integration of new and emerging entrants; and
(F) other topics with respect to which community
engagement is critical to program success.
(2) Specified responsibilities.--The responsibilities of
the Program lead shall include--
(A) the establishment of, and membership selection
for, the Airport Community of Interest Task Force,
established under section 483;
(B) joint execution with Federal Aviation
Administration Regional Administrators of regional
community engagement events, as described in section
483;
(C) updating the internal guidance of the
Administration for community engagement based on
recommendations from such Task Force, best practices of
other Federal agencies interviews with impacted
residents, and external organizations with expertise in
community engagement, and recommendations solicited
from individuals and local government officials in
communities adversely impacted by aircraft noise;
(D) coordinating with the Air Traffic Organization
on community engagement efforts related to air traffic
procedure changes to ensure that impacted communities
are consulted in a meaningful way;
(E) oversight of Regional Ombudsmen of the
Administration;
(F) oversight, streamlining, and increasing the
responsiveness of the noise complaint process of the
Administration by--
(i) centralizing noise complaint data and
improving data collection methodologies;
(ii) increasing public accessibility to
such Regional Ombudsmen;
(iii) ensuring such Regional Ombudsmen are
consulted in local air traffic procedure
development decisions;
(iv) collecting feedback from such Regional
Ombudsmen to inform national policymaking
efforts; and
(v) other recommendations made by the
Airport Community of Interest Task Force;
(G) timely implementation of the recommendations,
as appropriate, made by the Comptroller General of the
United States to the Secretary of Transportation
contained in the report titled ``Aircraft Noise: FAA
Could Improve Outreach Through Enhanced Noise Metrics,
Communication, and Support to Communities'', issued in
September 2021 (GAO-21-103933) to improve the outreach
of the FAA to local communities impacted by aircraft
noise, including--
(i) any recommendations to--
(I) identify appropriate
supplemental metrics for assessing
noise impacts and circumstances for
their use to aid in the internal
assessment of the Administration of
noise impacts related to proposed
flight path changes;
(II) update guidance to incorporate
additional tools to more clearly convey
expected impacts, such as other noise
metrics and visualization tools; and
(III) improve guidance to airports
and communities on effectively engaging
with the Administration; and
(ii) any other recommendations included in
the report that would assist the agency in
improving outreach to communities affected by
aircraft noise;
(H) ensuring engagement with local community groups
as appropriate in conducting the other responsibilities
described in this section; and
(I) other responsibilities as considered
appropriate by the Administrator.
(d) Report.--Not later than 2 years after the Administrator
implements the recommendations described in subsection (c)(2)(H), the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate describing--
(1) the implementation of each such recommendation;
(2) how any recommended actions are assisting the
Administrator in improving outreach to communities affected by
aircraft noise and other community engagement concerns; and
(3) any challenges or barriers that limit or prevent the
ability of the Administrator to take such actions.
SEC. 485. THIRD PARTY STUDY ON AVIATION NOISE METRICS.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall enter into an agreement with the National Academies to conduct a
study on aviation noise metrics.
(b) Contents.--The study required under subsection (a) shall
include an assessment of--
(1) the efficacy of the day-night average sound level (in
this section referred to as ``DNL'') noise metric compared to
other alternative models;
(2) the disadvantages of the DNL noise metric in effect as
of the date of enactment of this Act compared to other
alternative models;
(3) any potential changes that should be made to the DNL
noise metric in effect as of the date of enactment of this Act;
and
(4) the data collected by the Neighborhood Environmental
Survey of the Administration using alternative noise metrics.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the National Academies shall submit to the
Administrator, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate a report--
(1) on the results of the study described in subsection
(a); and
(2) containing recommendations regarding the most
appropriate metric to adequately assess the public health
impacts of aircraft noise.
SEC. 486. INFORMATION SHARING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, acting through
the Administrator of the Federal Aviation Administration, shall
establish a mechanism to make helicopter noise complaint data
accessible to the Federal Aviation Administration, to helicopter
operators operating in the Washington, D.C. area, and to the public on
a website of the Administration, based on the recommendation of the
Government Accountability Office in the report published on January 7,
2021, titled ``Aircraft Noise: Better Information Sharing Could Improve
Responses to Washington, D.C. Area Helicopter Noise Concerns''.
(b) Cooperation.--Any helicopter operator operating in the
Washington, D.C. area shall provide helicopter noise complaint data to
the Federal Aviation Administration through the mechanism established
under subsection (a).
(c) Definitions.--In this section:
(1) Helicopter noise complaint data.--The term ``helicopter
noise complaint data''--
(A) means general data relating to a complaint made
by an individual about helicopter noise in the
Washington, D.C. area and may include--
(i) the location and description of the
event that is the subject of the complaint;
(ii) the start and end time of such event;
(iii) a description of the aircraft that is
the subject of the complaint; and
(iv) the airport name associated with such
event; and
(B) does not include the personally identifiable
information of the individual who submitted the
complaint.
(2) Washington, d.c. area.--The term ``Washington, D.C.
area'' means the area inside of a 30-mile radius surrounding
Ronald Reagan Washington National Airport.
TITLE V--AVIATION SAFETY
Subtitle A--General Provisions
SEC. 501. ZERO TOLERANCE FOR NEAR MISSES, RUNWAY INCURSIONS, AND
SURFACE SAFETY RISKS.
(a) Policy.--
(1) In general.--Section 47101(a) of title 49, United
States Code, is amended--
(A) by redesignating paragraphs (2) through (13) as
paragraphs (3) through (14), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) that projects, activities, and actions that prevent
runway incursions serve to--
``(A) improve airport surface surveillance; and
``(B) mitigate surface safety risks that are
essential to ensuring the safe operation of the airport
and airway system;''.
(2) Conforming amendments.--Section 47101 of title 49,
United States Code, is amended--
(A) in subsection (g) by striking ``subsection
(a)(5)'' and inserting ``subsection (a)(6)''; and
(B) in subsection (h) by striking ``subsection
(a)(6)'' and inserting ``subsection (a)(7)''.
(3) Continuous evaluation.--In carrying out section
47101(a) of title 49, United States Code, as amended by this
subsection, the Administrator of the Federal Aviation
Administration shall establish a process to continuously track
and evaluate ground traffic and air traffic activity and
related incidents at airports.
(b) Runway Safety Council.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a council, to be known
as the ``Runway Safety Council'' (in this section referred to
as the ``Council''), to develop a systematic proactive
management strategy to address surface safety risks.
(2) Duties.--The duties of the Council shall include, at a
minimum, advancing the development of risk-based, data driven,
integrated systems solutions and strategies to enhance surface
safety risk mitigation.
(3) Membership.--
(A) In general.--In establishing the Council, the
Administrator shall appoint at least 1 member from each
of the following:
(i) Airport operators.
(ii) Air carriers.
(iii) Aircraft operators.
(iv) Avionics manufacturers.
(v) Flight schools.
(vi) The certified bargaining
representative of aviation safety inspectors
for the Administration.
(vii) The exclusive bargaining
representative of the air traffic controllers
certified under section 7111 of title 5, United
States Code.
(viii) Other safety experts the
Administrator determines appropriate.
(B) Additional members.--The Administrator may
appoint members representing any other stakeholder
organization that the Administrator determines
appropriate to the Runway Safety Council.
(c) Airport Surface Surveillance.--
(1) Identification.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall, in
coordination with the Council, consult with relevant
stakeholders to identify technologies, equipment, and systems
that--
(A) may provide airport surface surveillance
capabilities at airports lacking such capabilities;
(B) may augment existing airport surface
surveillance systems; or
(C) may provide onboard situational awareness to
pilots.
(2) Criteria.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(A) based on the information obtained pursuant to
paragraph (1), identify airport surface surveillance
systems that meet the standards of the Administration
and may be able to--
(i) provide airport surface surveillance
capabilities at airports lacking such
capabilities; or
(ii) augment existing airport surface
surveillance systems; and
(B) establish clear and quantifiable criteria
relating to operational factors, including ground
traffic and air traffic activity and the rate of runway
and terminal airspace safety events (including runway
incursions), that determine when the installation and
deployment of an airport surface surveillance system,
or other runway safety system (including runway status
lights), at an airport is required.
(3) Deployment.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall ensure that
airport surface surveillance systems are deployed and
operational at--
(A) all airports described in paragraph (2)(A); and
(B) all medium and large hub airports.
(4) Report.--Not later than 4 years after the date of
enactment of this Act, the Administrator shall 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 progress of the deployment
described in paragraph (3).
(d) Foreign Object Debris Detection.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall assess, in
coordination with the Council, automated foreign object debris
monitoring and detection systems at not less than 3 airports
that are using such systems.
(2) Considerations.--In conducting the assessment under
paragraph (1), the Administrator shall consider the following:
(A) The categorization of an airport.
(B) The potential frequency of foreign object
debris incidents on airport runways or adjacent ramp
areas.
(C) The availability of funding for the
installation and maintenance of foreign object debris
monitoring and detection systems.
(D) The impact of such systems on the airfield
operations of an airport.
(E) The effectiveness of available foreign object
debris monitoring and detection systems.
(F) Any other factors relevant to assessing the
return on investment of foreign object debris
monitoring and detection systems.
(3) Consultation.--In carrying out this subsection, the
Administrator and the Council shall consult with manufacturers
and suppliers of foreign object debris detection technology and
any other relevant stakeholders.
(e) Runway Safety Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall seek to enter
into an agreement with a federally funded research and
development center to conduct a study of runway incursions,
surface incidents, operational errors, or losses of standard
separation of aircraft in the approach or departure phase of
flight to determine how advanced technologies and future
airport development projects may be able to reduce the
frequency of such events and enhance aviation safety.
(2) Considerations.--In conducting the study under
paragraph (1), the federally funded research and development
center shall--
(A) examine data relating to recurring runway
incursions, surface incidents, operational errors, or
losses of standard separation of aircraft in the
approach or departure phase of flight at airports to
identify the underlying factors that caused such
events;
(B) assess metrics used to identify when such
events are increasing at an airport;
(C) assess available and developmental
technologies, including and beyond such technologies
considered in subsection (c), that may augment existing
air traffic management capabilities of surface
surveillance and terminal airspace equipment;
(D) consider growth trends in airport size,
staffing and communication complexities to identify--
(i) future gaps in information exchange
between aerospace stakeholders; and
(ii) methods for meeting future near real-
time information sharing needs; and
(E) examine airfield safety training programs used
by airport tenants and other stakeholders operating on
airfields of airports, including airfield
familiarization training programs for employees, to
assess scalability to handle future growth in airfield
capacity and traffic.
(3) Recommendations.--In conducting the study required by
paragraph (1), the federally funded research and development
center shall develop recommendations for the strategic planning
efforts of the Administration to appropriately maintain surface
safety considering future increases in air traffic and based on
the considerations described in paragraph (2).
(4) Report to congress.--Not later than 90 days after the
completion of the study required by paragraph (1), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the findings of such study and any
recommendations developed under paragraph (3).
(f) Airport Surface Detection and Surveillance System Defined.--In
this section, the term ``airport surface detection and surveillance
system'' means an airport surveillance system that is--
(1) designed to track surface movement of aircraft and
vehicles; and
(2) capable of alerting air traffic controllers or flight
crew members of a possible runway incursion, misaligned
approach, or other safety event.
SEC. 502. GLOBAL AVIATION SAFETY.
(a) In General.--Section 40104(d) of title 49, United States Code,
(as redesignated by section 325) is amended--
(1) in the subsection heading by inserting``and
Assistance'' after ``International Role'';
(2) in paragraph (1) by striking ``The Administrator'' and
inserting ``In carrying out subsection (a), the
Administrator'';
(3) by redesignating paragraph (2) as paragraph (4); and
(4) by inserting after paragraph (1) the following:
``(2) International presence.--The Administrator shall
maintain an international presence to--
``(A) assist foreign civil aviation authorities
in--
``(i) establishing robust aviation
oversight practices and policies;
``(ii) training staff, to include
inspectors and accident investigators;
``(iii) harmonizing international aviation
standards for air traffic management, operator
certification, aircraft certification,
airports, and certificated or credentialed
individuals;
``(iv) validating and accepting foreign
aircraft design and production approvals;
``(v) maintaining appropriate levels of air
navigation services;
``(vi) preparing for new aviation
technologies; and
``(vii) appropriately adopting continuing
airworthiness information, such as
airworthiness directives;
``(B) encourage the adoption of United States
standards, regulations, and policies;
``(C) establish, maintain, and update bilateral or
multilateral aviation safety agreements and the
aviation safety information contained within such
agreements;
``(D) engage in bilateral and multilateral
discussions and provide technical assistance as
described in paragraph (5);
``(E) validate foreign aviation products and ensure
reciprocal validation of products for which the United
States is the state of design or production;
``(F) support accident and incident investigations,
particularly such investigations that involve United
States persons and certified products and such
investigations where the National Transportation Safety
Board is supporting an investigation pursuant to annex
13 of the International Civil Aviation Organization;
``(G) support the international activities of the
United States aviation sector;
``(H) maintain valuable relationships with entities
with aviation equities, including civil aviation
authorities, other governmental bodies, non-
governmental organizations, and foreign manufacturers;
and
``(I) perform other activities as determined
necessary by the Administrator.''.
(b) Review of International Field Offices.--Section 40104(d) of
title 49, United States Code, (as redesignated by section 325) is
further amended by inserting after paragraph (2) the following:
``(3) International offices.--In carrying out the
responsibilities described in subsection (a), the Administrator
shall--
``(A) maintain international offices of the
Administration;
``(B) every 3 years, review existing international
offices to determine--
``(i) the effectiveness of such offices in
fulfilling the mission described in paragraph
(2); and
``(ii) the adequacy of resources and
staffing to achieve the mission described in
paragraph (2);
``(C) establish offices to address gaps identified
by the review under subparagraph (B) and in furtherance
of the mission described in paragraph (2), putting an
emphasis on establishing such offices--
``(i) where international civil aviation
authorities are located;
``(ii) where regional intergovernmental
organizations are located;
``(iii) in countries that have difficulty
maintaining a category 1 classification through
the International Aviation Safety Assessment
program; and
``(iv) in regions that have experienced
substantial growth in aviation operations or
manufacturing.''.
(c) Bilateral Aviation Safety Agreements.--
(1) Establishment.--Section 40104(d) of title 49, United
States Code, (as redesignated by section 325) is further
amended by inserting after paragraph (4) the following:
``(5) Bilateral aviation safety agreements.--
``(A) In general.--The Administrator shall
negotiate, enter into, promote, enforce, evaluate the
effectiveness of, and seek to update bilateral or
multilateral aviation safety agreements, and the parts
of such agreements, with international aviation
authorities.
``(B) Purpose.--The Administrator shall seek to
enter into bilateral aviation safety agreements under
this section to, at a minimum--
``(i) improve global aviation safety;
``(ii) increase harmonization of, and
reduce duplicative, requirements, processes,
and approvals to advance the aviation interests
of the United States;
``(iii) ensure access to international
markets for operators, service providers, and
manufacturers from the United States; and
``(iv) put in place procedures for recourse
when a party to such agreements fails to meet
the obligations of such party under such
agreements.
``(C) Scope.--The scope of a bilateral aviation
safety agreement entered into under this section shall,
as appropriate, cover existing aviation users and
concepts and establish a process by which bilateral
aviation safety agreements can be updated to include
new and novel concepts on an ongoing basis.
``(D) Contents.--Bilateral aviation safety
agreements entered into under this section shall, as
appropriate and consistent with United States law and
regulation, include topics such as--
``(i) airworthiness, certification, and
validation;
``(ii) maintenance;
``(iii) operations and pilot training;
``(iv) airspace access, efficiencies, and
navigation services;
``(v) transport category aircraft;
``(vi) fixed-wing aircraft, rotorcraft, and
powered-lift aircraft;
``(vii) aerodrome certification;
``(viii) unmanned aircraft and associated
elements of such aircraft;
``(ix) flight simulation training devices;
``(x) new or emerging technologies and
technology trends; and
``(xi) other topics as determined
appropriate by the Administrator.
``(E) Rule of construction.--Bilateral or
multilateral aviation safety agreements entered into
under this subsection shall not be construed to
diminish or alter any authority of the Administrator
under any other provision of law.''.
(2) Audit of validation activities under bilateral aviation
safety agreements.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the inspector general of
the Department of Transportation shall initiate an
audit of bilateral compliance with respect to the
validation of aircraft and aircraft parts as set forth
in bilateral or multilateral aviation safety agreements
between the Federal Aviation Administration and the
civil aviation authorities of--
(i) the European Union;
(ii) Canada;
(iii) Brazil;
(iv) China;
(v) the United Kingdom; and
(vi) any other country as determined by the
inspector general.
(B) Review contents.--As part of the review
required under this subsection, the inspector general
shall evaluate the performance of validation programs
by assessing--
(i) validation timelines and milestones for
individual projects;
(ii) trends relating to the repeated use of
nonbasic criteria to review systems and methods
of compliance that have been validated
previously in similar contexts;
(iii) the extent to which implementation
tools such as validation workplans and safety
emphasis items have addressed validation
issues;
(iv) the perspective of Administration
employees;
(v) the perspective of employees of other
civil aviation authorities, who wish to provide
such perspective, on the validation of products
certified in the United States and the
validation of products by the United States of
products certified abroad; and
(vi) the perspective of domestic and
foreign industry applicants seeking validation
of aircraft and aircraft parts.
(C) Report and recommendations.--Not later than 14
months after beginning the audit under paragraph (2),
the inspector general shall provide to the
Administrator of the Federal Aviation Administration,
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report summarizing the findings of the audit and any
recommendations to increase compliance and improve the
validation timeframes of aircraft and aircraft parts.
(d) International Engagement Strategy.--Section 40104(d) of title
49, United States Code, (as redesignated by section 325) is further
amended by inserting after paragraph (5) the following:
``(6) Strategic plan.--The Administrator shall maintain a
strategic plan for the international engagement of the
Administration that includes--
``(A) all elements of the report required in
section 243(b)(1) of the FAA Reauthorization Act of
2018 (49 U.S.C. 44701 note);
``(B) measures to fulfill the mission described in
paragraph (2);
``(C) initiatives to attain greater expertise among
employees of the Federal Aviation Administration in
issues related to dispute resolution, intellectual
property, and expert control laws;
``(D) policy regarding the future direction and
strategy of the United States engagement with the
International Civil Aviation Organization;
``(E) procedures for acceptance of mandatory
airworthiness information, such as airworthiness
directives, and other safety-related regulatory
documents, including procedures to implement the
requirements of section 44701(e)(5);
``(F) all factors, including funding and
resourcing, necessary for the Administration to
maintain leadership in the global activities related to
aviation safety and air transportation; and
``(G) establishment of, and a process to regularly
track and update, metrics to measure the effectiveness
of, and foreign civil aviation authority compliance
with, bilateral aviation safety agreements.''.
SEC. 503. AVAILABILITY OF PERSONNEL FOR INSPECTIONS, SITE VISITS, AND
TRAINING.
Section 40104 of title 49, United States Code, is further amended
by adding at the end the following:
``(f) Travel.--The Administrator and the Secretary of
Transportation shall, in carrying out the responsibilities described in
subsection (a), delegate to the appropriate supervisors of offices of
the Administration the ability to authorize the domestic and
international travel of relevant personnel who are not in the Federal
Aviation Administration Executive System, without any additional
approvals required, for the purposes of--
``(1) promoting aviation safety, aircraft operations, air
traffic, airport, unmanned aircraft systems, and other aviation
standards and regulations adopted by the United States;
``(2) facilitating the adoption of United States approaches
on standards and recommended practices at the International
Civil Aviation Organization;
``(3) promoting environmental standards adopted by the
United States and standards promulgated under section 44714;
``(4) supporting the acceptance of Administration design
and production approvals by other civil aviation authorities;
``(5) training Administration personnel and training
provided to other persons;
``(6) engaging with regulated entities, including
performing site visits;
``(7) activities associated with subsections (c) through
(f) of this section; and
``(8) other activities as determined by the
Administrator.''.
SEC. 504. HELICOPTER AIR AMBULANCE OPERATIONS.
(a) Outdated Air Ambulance Rulemaking Requirement.--Section 44730
of title 49, United States Code, is amended--
(1) in subsection (a)(1) by striking ``not later than 180
days after the date of enactment of this section,'';
(2) in subsection (c) by striking ``address the following''
and inserting ``consider, or address through other means, the
following'';
(3) in subsection (d) by striking ``provide for the
following'' and inserting ``consider, or address through other
means, the following''; and
(4) in subsection (e)--
(A) in the heading by striking ``Subsequent
Rulemaking'' and inserting ``Subsequent Actions'';
(B) in paragraph (1) by striking ``shall conduct a
follow-on rulemaking to address the following:'' and
inserting ``shall address through a follow-on
rulemaking, or through such other means that the
Administrator considers appropriate, the following:'';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph
(2).
(b) Safety Management Systems Briefing.--Not later than 180 days
after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
how the proposed rule published on January, 11, 2023, titled ``Safety
Management System'' (88 Fed. Reg. 1932) will--
(1) improve helicopter air ambulance operations and
piloting; and
(2) consider the use of safety equipment by flight crew and
medical personnel on a helicopter conducting an air ambulance
operation.
(c) Improvement of Publication of Helicopter Air Ambulance
Operations Data.--Section 44731 of title 49, United States Code, is
amended--
(1) by striking subsection (d);
(2) in subsection (e)--
(A) in paragraph (1) by striking ``and'' at the
end; and
(B) by striking paragraph (2) and inserting the
following:
``(2) make publicly available, in part or in whole, on the
website of the Federal Aviation Administration website, the
database developed pursuant to subsection (c); and
``(3) analyze the data submitted under subsection (a)
periodically and use such data to inform efforts to improve the
safety of helicopter air ambulance operations.''; and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
SEC. 505. GLOBAL AIRCRAFT MAINTENANCE SAFETY IMPROVEMENTS.
(a) FAA Oversight of Repair Stations Located Outside the United
States.--
(1) In general.--Section 44733 of title 49, United States
Code, is amended--
(A) in the heading by striking ``Inspection'' and
inserting ``Oversight'';
(B) in subsection (a) by striking ``Not later than
1 year after the date of enactment of this section,
the'' and inserting ``The'';
(C) in subsection (e)--
(i) by inserting ``, without prior notice
to such repair stations,'' after ``annually'';
(ii) by inserting ``and the applicable laws
of the country in which the repair station is
located'' after ``international agreements'';
and
(iii) by striking the last sentence and
inserting ``The Administrator may carry out
announced or unannounced inspections in
addition to the annual unannounced inspection
required under this subsection based on
identified risks and in a manner consistent
with United States obligations under
international agreements and the applicable
laws of the country in which the part 145
repair station is located.'';
(D) by redesignating subsection (g) as subsection
(j); and
(E) by inserting after subsection (f) the
following:
``(g) Data Analysis.--
``(1) In general.--Each fiscal year in which a part 121 air
carrier has had heavy maintenance work performed on an aircraft
owned or operated by such carrier, such carrier shall provide
to the Administrator, not later than the end of the following
fiscal year, a report containing the information described in
paragraph (2).
``(2) Information required.--A report under paragraph (1)
shall contain the following:
``(A) The location where any heavy maintenance work
on aircraft was performed outside the United States.
``(B) A description of the work performed at each
such location.
``(C) The date of completion of the work performed
at each such location.
``(D) A list of all failures, malfunctions, or
defects affecting the safe operation of such aircraft
identified by the air carrier not later than 30 days
after the date on which an aircraft is returned to
service, organized by reference to aircraft
registration number, that--
``(i) requires corrective action after the
aircraft is approved for return to service; and
``(ii) results from such work performed on
such aircraft.
``(E) The certificate number of the person
approving such aircraft or on-wing aircraft engine, for
return to service following completion of the work
performed at each such location.
``(3) Analysis.--The Administrator shall--
``(A) analyze information provided under this
subsection and sections 121.703, 121.705, 121.707, and
145.221 of title 14, Code of Federal Regulations, or
any successor provisions of such title, to detect
safety issues associated with heavy maintenance work on
aircraft performed outside the United States; and
``(B) require appropriate actions by an air carrier
or repair station in response to any safety issue
identified by the analysis conducted under subparagraph
(A).
``(4) Confidentiality.--Information provided under this
subsection shall be subject to the same protections given to
voluntarily provided safety or security related information
under section 40123.
``(h) Applications and Prohibition.--
``(1) In general.--The Administrator may not approve any
new application under part 145 of title 14, Code of Federal
Regulations, from a person located or headquartered in a
country that the Administration, through the International
Aviation Safety Assessment program, has classified as Category
2.
``(2) Exception.--Paragraph (1) shall not apply to an
application for the renewal of a certificate issued under part
145 of title 14, Code of Federal Regulations.
``(3) Maintenance implementation procedures agreement.--The
Administrator may elect not to enter into a new maintenance
implementation procedures agreement with a country classified
as Category 2, for as long as the country remains classified as
Category 2.
``(4) Prohibition on continued heavy maintenance work.--No
part 121 air carrier may enter into a new contract for heavy
maintenance work with a person located or headquartered in a
country that the Administrator, through the International
Aviation Safety Assessment program, has classified as Category
2, for as long as such country remains classified as Category
2.
``(i) Minimum Qualifications for Mechanics and Others Working on
U.S. Registered Aircraft.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, the Administrator shall require
that, at each covered repair station--
``(A) all supervisory personnel of such station are
appropriately certificated as a mechanic or repairman
under part 65 of title 14, Code of Federal Regulations,
or under an equivalent certification or licensing
regime, as determined by the Administrator; and
``(B) all personnel of such station authorized to
approve an article for return to service are
appropriately certificated as a mechanic or repairman
under part 65 of such title, or under an equivalent
certification or licensing regime, as determined by the
Administrator.
``(2) Available for consultation.--Not later than 2 years
after the date of enactment of this subsection, the
Administrator shall require any individual who is responsible
for approving an article for return to service or who is
directly in charge of heavy maintenance work performed on
aircraft operated by a part 121 air carrier be available for
consultation while work is being performed at a covered repair
station.''.
(2) Definitions.--
(A) In general.--Section 44733(j) of title 49,
United States Code (as redesignated by this section),
is amended--
(i) in paragraph (1) by striking
``aircraft'' and inserting ``aircraft
(including on-wing aircraft engines)'';
(ii) by redesignating paragraphs (1)
through (3) as paragraphs (2) through (4),
respectively; and
(iii) by inserting before paragraph (2), as
so redesignated, the following:
``(1) Covered repair station.--The term `covered repair
station' means a facility that--
``(A) is located outside the United States;
``(B) is a part 145 repair station; and
``(C) performs heavy maintenance work on aircraft
operated by a part 121 air carrier.''.
(B) Technical amendment.--Section 44733(a)(3) of
title 49, United States Code, is amended by striking
``covered part 145 repair stations'' and inserting
``part 145 repair stations''.
(3) Conforming amendments.--The analysis for chapter 447 of
title 49, United States Code, is amended by striking the item
relating to section 44733 and inserting the following:
``44733. Oversight of repair stations located outside the United
States.''.
(b) International Standards for Safety Oversight of
Extraterritorial Repair Stations.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall invite other civil aviation
authorities to convene with the Administration an
extraterritorial repair station working group (hereinafter
referred to as the ``Working Group'') to conduct a review of
the certification and oversight of extraterritorial repair
stations and to identify any future enhancements or
harmonization that might be appropriate to strengthen oversight
of such repair stations and improve global aviation safety.
(2) Composition of working group.--The Working Group shall
consist of--
(A) technical representatives from the FAA; and
(B) such other civil aviation authorities or
international intergovernmental aviation safety
organizations as the Administrator determines
appropriate and are willing to participate, including--
(i) civil aviation authorities responsible
for certificating extraterritorial repair
stations; and
(ii) civil aviation authorities of
countries in which extraterritorial repair
stations are located.
(3) Consultation.--In conducting the review under this
section, the Working Group shall, as appropriate, consult with
relevant experts and stakeholders.
(4) Recommendations.--The Working Group shall make
recommendations with respect to any future enhancements that
might be appropriate to--
(A) strengthen oversight of extraterritorial repair
stations; and
(B) better leverage the resources of other civil
aviation authorities to conduct such oversight.
(5) Reports.--
(A) Repair station working group report.--In
establishing the Working Group, the Administrator shall
task the Working Group with submitting to the
participating civil aviation authorities a report
containing the findings of the recommendations made
under paragraph (4).
(B) FAA report.--
(i) Transmission of repair station working
group report.--The Administrator shall submit
to the Committee on Transportation and
Infrastructure of the House of Representatives,
and the Committee on Commerce, Science, and
Transportation of the Senate a copy of the
report required under subparagraph (A) as soon
as is practicable after the receipt of such
report.
(ii) FAA briefing to congress.--Not later
than 45 days after receipt of the report under
paragraph (1), the Administrator shall brief
the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate on--
(I) whether the Administrator
concurs or does not concur with each
recommendation contained in the report
required under subparagraph (A);
(II) any recommendation with which
the Administrator does not concur, a
detailed explanation as to why the
Administrator does not concur;
(III) a plan to implement each
recommendation with which the
Administrator concurs; and
(IV) a plan to work with the
international community to implement
the recommendations applicable to both
the FAA as well as other civil aviation
authorities.
(6) Termination.--The Working Group shall terminate 90 days
after the date of submission of the report under paragraph
(5)(A), unless the Administrator or another participant of the
Working Group requests for an extension of the Working Group in
order to inform the implementation and harmonization of any
recommendation applicable to multiple civil aviation
authorities.
(7) Definition of extraterritorial repair station.--In this
subsection, the term ``extraterritorial repair station'' means
a repair station that performs heavy maintenance work on an
aircraft (including on-wing engines) and that is located
outside of the territory of the country of the civil aviation
authority which certificated the repair station.
(c) Alcohol and Drug Testing and Background Checks.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report updating Congress on the progress and
challenges involved with 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).
(2) Sunset.--The reporting requirement under paragraph (1)
shall cease to be effective after a final rule carrying out the
requirements of such subsection (b) has been published in the
Federal Register.
(3) Rulemaking on assessment requirement.--With respect to
any employee not covered under the requirements of section
1554.101 of title 49, Code of Federal Regulations, the
Administrator shall initiate a rulemaking or request the head
of another Federal agency to 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.
(d) Definitions.--In this section:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(3) Covered repair station; heavy maintenance work.--The
terms ``covered repair station'' and ``heavy maintenance work''
have the meaning given those terms in section 44733(j) of title
49, United States Code.
SEC. 506. ODA BEST PRACTICE SHARING.
Section 44736(b) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``Not later than 120 days
after the date of enactment of this section, the'' and insert
``The''; and
(2) in paragraph (3)--
(A) in subparagraph (E) by striking ``and'' at the
end;
(B) in subparagraph (F) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) convene a forum not less than every 2 years
between ODA holders, unit members, and other
organizational representatives and relevant experts, in
order to--
``(i) share best practices;
``(ii) instill professionalism, ethics, and
personal responsibilities in unit members; and
``(iii) foster open and transparent
communication between Administration safety
specialists, ODA holders, and unit members.''.
SEC. 507. TRAINING OF ORGANIZATION DELEGATION AUTHORIZATION UNIT
MEMBERS.
(a) Unit Member Annual Ethics Training.--Section 44736 of title 49,
United States Code, is further amended by adding at the end the
following:
``(g) Ethics Training Requirement for ODA Holders.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator of the Federal
Aviation Administration shall review and ensure each ODA holder
approved under section 44741 has in effect a recurrent training
program for all ODA unit members that covers--
``(A) unit member professional obligations and
responsibilities;
``(B) the ODA holder's code of ethics as required
to be established under section 102(f) of the Aircraft
Certification, Safety, and Accountability Act (49
U.S.C. 44701 note);
``(C) procedures for reporting safety concerns, as
described in the respective approved procedures manual
for the delegation;
``(D) the prohibition against and reporting
procedures for interference from a supervisor or other
ODA member described in section 44742; and
``(E) any additional information the Administrator
considers relevant to maintaining ethical and
professional standards across all ODA holders and unit
members.
``(2) FAA review.--
``(A) Review of training program.--The Organization
Designation Authorization Office of the Administration
shall review each ODA holders' recurrent training
program to ensure such program includes all elements
described in paragraph (1).
``(B) Changes to program.--Such Office may require
changes to the training program considered necessary to
maintain ethical and professional standards across all
ODA holders and unit members.
``(3) Training.--As part of the recurrent training required
under paragraph (1), not later than 60 business days after
being designated as an ODA unit member, and annually
thereafter, each ODA unit member shall complete the ethics
training required by the ODA holder of the respective ODA unit
member in order to exercise the functions delegated under the
ODA.
``(4) Accountability.--The Administrator shall establish
such processes or requirements as are necessary to ensure
compliance with paragraph (3).''.
(b) Deadline.--An ODA unit member authorized to perform delegated
functions under an ODA prior to the date of completion of an ethics
training required under section 44736(g) of title 49, United States
Code, shall complete such training not later than 60 days after the
training program is approved by the Administrator of the Federal
Aviation Administration pursuant to such section.
SEC. 508. CLARIFICATION ON SAFETY MANAGEMENT SYSTEM INFORMATION
DISCLOSURE.
Section 44735 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``; or'' and
inserting a semicolon;
(B) in paragraph (2) by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) if the report, data, or other information is
submitted for any purpose relating to the development,
implementation, and use of a safety management system,
including a system required by regulation, that is acceptable
to the Administrator.''; and
(2) by adding at the end the following:
``(d) Other Agencies.--
``(1) In general.--The limitation established under
subsection (a) shall apply to the head of any other Federal
agency who receives reports, data, or other information
described in such subsection from the Administrator.
``(2) Rule of construction.--This section shall not be
construed to limit the accident or incident investigation
authority of the National Transportation Safety Board under
chapter 11, including the requirement to not disclose
voluntarily provided safety-related information under section
1114.''.
SEC. 509. EXTENSION OF AIRCRAFT CERTIFICATION, SAFETY, AND
ACCOUNTABILITY ACT REPORTING REQUIREMENTS.
(a) Appeals of Certification Decisions.--Section 44704(g)(1)(C)(ii)
of title 49, United States Code, is amended by striking ``2025'' and
inserting ``2028''.
(b) Oversight of Organization Designation Authorization Unit
Members.--Section 44741(f)(2) of title 49, United States Code, is
amended by striking ``Not later than 90 days'' and all that follows
through ``the Administrator shall provide a briefing'' and inserting
``The Administrator shall provide an annual briefing each fiscal year
through fiscal year 2028''.
(c) Integrated Project Teams.--Section 108(f) of the Aircraft
Certification, Safety, and Accountability Act (49 U.S.C. 44704 note) is
amended by striking ``2023'' and inserting ``2028''.
(d) Voluntary Safety Reporting Program.--Section 113(f) of the
Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44701
note) is amended by striking ``2023'' and inserting ``2028''.
(e) Changed Product Rule.--Section 117(b)(1) of the Aircraft
Certification, Safety, and Accountability Act (49 U.S.C. 44704 note) is
amended by striking ``2023'' and inserting ``2028''.
SEC. 510. DON YOUNG ALASKA AVIATION SAFETY INITIATIVE.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44745. Don Young Alaska Aviation Safety Initiative
``(a) In General.--The Administrator of the Federal Aviation
Administration shall redesignate the FAA Alaska Aviation Safety
Initiative of the Administration as the Don Young Alaska Aviation
Safety Initiative (in this section referred to as the `Initiative'),
under which the Administrator shall carry out the provisions of this
section and take such other actions as the Administrator determines
appropriate to improve aviation safety in covered locations.
``(b) Objective.--The objective of the Initiative shall be to work
cooperatively with aviation stakeholders and other stakeholders towards
the goal of--
``(1) reducing the rate of fatal aircraft accidents in
covered locations by 90 percent from 2019 to 2033; and
``(2) by January 1, 2033, eliminating fatal accidents of
aircraft operated by an air carrier that operates under part
135 of title 14, Code of Federal Regulations.
``(c) Leadership.--
``(1) In general.--The Administrator shall designate the
Regional Administrator for the Alaskan Region of the
Administration to serve as the Director of the Initiative.
``(2) Reporting chain.--In all matters relating to the
Initiative, the Director of the Initiative shall report
directly to the Administrator.
``(3) Coordination.--The Director of the Initiative shall
coordinate with the heads of other offices and lines of
business of the Administration, including the other regional
administrators, to carry out the Initiative.
``(d) Automated Weather Systems.--
``(1) Requirement.--The Administrator shall ensure, to the
greatest extent practicable, that a covered automated weather
system is installed and operated at each covered airport not
later than December 31, 2030.
``(2) Waiver.--In complying with the requirement under
paragraph (1), the Administrator may waive any positive
benefit-cost ratio requirement for the installation and
operation of a covered automated weather system.
``(3) Prioritization.--In developing the installation
timeline of a covered automated weather system at a covered
airport pursuant to this subsection, the Administrator shall--
``(A) coordinate and consult with the governments
with jurisdiction over covered locations, covered
airports, air carriers operating in covered locations,
private pilots based in covered locations, and such
other members of the aviation community in covered
locations; and
``(B) prioritize early installation at covered
airports that would enable the greatest number of
instrument flight rule operations by air carriers
operating under part 121 or 135 of title 14, Code of
Federal Regulations.
``(4) Reliability.--
``(A) In general.--Pertaining to both Federal and
non-Federal systems, the Administrator shall be
responsible for ensuring--
``(i) the reliability of covered automated
weather systems; and
``(ii) the availability of weather
information from such systems.
``(B) Specifications.--The Administrator shall
establish data availability and equipment reliability
specifications for covered automated weather systems.
``(C) System reliability and restoration plan.--Not
later than 2 years after the date of enactment of this
section, the Administrator shall establish an automated
weather system reliability and restoration plan. Such
plan shall document the Administrator's strategy for
ensuring covered automated weather system reliability,
including the availability of weather information from
such system, and for restoring service in as little
time as possible.
``(D) Telecommunications or other failures.--If a
covered automated weather system is unable to broadly
disseminate weather information due to a
telecommunications failure or a failure other than an
equipment failure, the Administrator shall take such
actions as may be necessary to restore the full
functionality and connectivity of the covered automated
weather system. The Administrator shall take actions
under this subparagraph with the same urgency as the
Administrator would take an action to repair a covered
automated weather system equipment failure or data
fidelity issue.
``(E) Reliability data.--In tabulating data
relating to the operational status of covered automated
weather systems (including individually or
collectively), the Administrator may not consider a
covered automated weather system that is functioning
nominally but is unable to broadly disseminate weather
information telecommunications failure or a failure
other than an equipment failure as functioning
reliably.
``(5) Inventory.--The Administrator shall consider storing
excess inventory necessary for air traffic control equipment,
including commonly required replacement parts, in covered
locations to reduce the amount of time necessary to acquire
such equipment or such parts necessary to replace or repair air
traffic control system components.
``(6) Visual weather observation system.--Not later than 1
year after the date of enactment of this section, the
Administrator shall take such actions as may be necessary to--
``(A) deploy visual weather observation systems;
and
``(B) ensure that such systems are capable of
meeting the definition of covered automated weather
systems.
``(e) Weather Cameras.--
``(1) In general.--The Director shall continuously assess
the state of the weather camera systems in covered locations to
ensure the operational sufficiency and reliability of such
systems.
``(2) Applications.--The Director shall--
``(A) accept applications from persons to install
weather cameras; and
``(B) consult with the governments with
jurisdiction over covered locations, covered airports,
air carriers operating in covered locations, private
pilots based in covered locations, and such other
members of the aviation community in covered locations
as the Administrator determines appropriate to solicit
additional locations at which to install and operate
weather cameras.
``(3) Presumption.--Unless the Director has clear and
compelling evidence to the contrary, the Director shall presume
that the installation of a weather camera at a covered airport,
or that is recommended by a government with jurisdiction over a
covered location, is cost beneficial and will improve aviation
safety.
``(f) Cooperation With Other Agencies.--In carrying out this
section, the Administrator shall cooperate with the heads of other
Federal or State agencies with responsibilities affecting aviation
safety in covered locations, including the collection and dissemination
of weather data.
``(g) Surveillance and Communication.--
``(1) In general.--The Director shall take such actions as
may be necessary to--
``(A) encourage and incentivize the equipage of
aircrafts that operate under part 135 of title 14, Code
of Federal Regulations, with automatic dependent
surveillance and broadcast out equipment; and
``(B) improve aviation surveillance and
communications in covered locations.
``(2) Requirement.--Not later than December 31, 2030, the
Administrator shall ensure that automatic dependent
surveillance and broadcast coverage is available at 5,000 feet
above ground level throughout each covered location.
``(3) Waiver.--In complying with the requirement under
paragraph (2), the Administrator shall waive any positive
benefit-cost ratio requirement for the installation and
operation of equipment and facilities necessary to implement
such requirement.
``(4) Service areas.--The Director shall continuously
identify additional automatic dependent surveillance-broadcast
service areas in which the deployment of automatic dependent
surveillance-broadcast receivers and equipment would improve
aviation safety.
``(h) Other Projects.--The Director shall continue to build upon
other initiatives recommended in the reports of the FAA Alaska Aviation
Safety Initiative of the Administration published before the date of
enactment of this section.
``(i) Annual Report.--
``(1) In general.--The Director shall submit an annual
report on the status and progress of the Initiative to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2) Objectives and requirements.--The report under
paragraph (1) shall include a detailed description of the
Director's progress in and plans for meeting the objectives of
the Initiative under subsection (b) and the other requirements
of this section.
``(3) Stakeholder comments.--The Director shall append
stakeholder comments, organized by topic, to each report
submitted under paragraph (1) in the same manner as appendix 3
of the report titled `FAA Alaska Aviation Safety Initiative
FY21 Final Report', dated September 30, 2021.
``(j) Funding.--
``(1) In general.--Notwithstanding any other provision of
law, in fiscal years 2024 through 2028--
``(A) the Administrator may, upon application from
the government with jurisdiction over a covered
location, use amounts apportioned to a covered location
under subsection (d)(2)(B) or subsection (e)(5) of
section 47114 to carry out the Initiative; or
``(B) the sponsor of an airport in a covered
location that receives an apportionment under
subsection (d)(2)(B) or subsection (e) of section 47114
may use such apportionment for any purpose contained in
this section.
``(2) Supplemental funding.--Out of amounts made available
under section 106(k) and section 48101, not more than a total
of $25,000,000 for each of fiscal year 2024 through 2028 is
authorized to be expended to carry out the Initiative.
``(k) Definitions.--In this section:
``(1) Covered airport.--The term `covered airport' means an
airport in a covered location that is included in the national
plan of integrated airport systems required under section 47103
and that has a status other than unclassified in such plan.
``(2) Covered automated weather system.--The term `covered
automated weather system' means an automated or visual weather
reporting facility that enables a pilot to begin an instrument
procedure approach to an airport under section 91.1039 or
135.225 of title 14, Code of Federal Regulations.
``(3) Covered location.--The term `covered location' means
Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern
Mariana Islands, and the United States Virgin Islands.
``(l) Conformity.--The Administrator shall conduct all activities
required under this section in conformity with section 44720.''.
(b) Remote Positions.--Section 40122(g) of title 49, United States
Code, is amended by adding at the end the following:
``(7) Remote positions.--
``(A) In general.--If the Administrator determines
that a covered position has not been filled after
multiple vacancy announcements and that there are
unique circumstances affecting the ability of the
Administrator to fill such position, the Administrator
may consider, in consultation with the appropriate
labor union, applicants for the covered position who
apply under a vacancy announcement recruiting from the
State or territory in which the position is based.
``(B) Covered position defined.--In this paragraph,
the term `covered position' means a safety-critical
position based in Alaska, Hawaii, Puerto Rico, American
Samoa, Guam, the Northern Mariana Islands, and the
Virgin Islands.''.
(c) Runway Length.--Notwithstanding any other provision of law, the
Secretary of Transportation may not require an airport to shorten a
runway or prevent airport improvement grants made by the Secretary to
be used for rehabilitating, reconstructing, or extending a primary
runway on the basis that the airport does not have a sufficient number
of aircraft operations requiring a certain runway length if--
(1) the airport is located in a covered location;
(2) the airport is not connected to the road transportation
network; and
(3) the runway length is utilized by aircraft to deliver
necessary cargo, including heating fuel and gasoline, for the
community served by the airport.
(d) Alaskan Regional Administrator.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Regional Administrator for the Alaskan
Region is a uniquely important position that
contributes to aviation safety in the State of Alaska;
(B) vacancies in any Federal Aviation
Administration office have a deleterious effect on the
efficacy of the Alaskan Region office;
(C) a prolonged vacancy in the position of Regional
Administrator for the Alaskan Region may be detrimental
to the effective administration of such region and the
Don Young Alaska Aviation Safety Initiative; and
(D) the Administrator of the Federal Aviation
Administration should ensure that any vacancy in the
position of Regional Administrator for the Alaskan
Region is filled will a highly qualified candidate as
expeditiously as possible.
(2) Vacancy notification requirements.--
(A) Initial vacancy.--The Administrator of the
Federal Aviation Administration shall notify the
appropriate committees of Congress when there is a
vacancy for the position of Regional Administrator for
the Alaskan Region.
(B) Status updates.--Not later than 90 days after
the notification under subparagraph (A) (and every 30
days thereafter until the vacancy described under
subparagraph (A) is filled), the Administrator shall
notify the appropriate committees of Congress of any
vacancy of such position, if so, provide an estimated
timeline for filling such vacancy.
(C) Appropriate committees of congress defined.--In
this paragraph, 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.
(D) Sunset.--This paragraph shall cease to be
effective after September 30, 2028.
(e) Implementation of NTSB Recommendations.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall take such
actions as may be necessary to implement National
Transportation Safety Board recommendations A-22-25 and A-22-26
(as contained in Aviation Investigation Report AIR-22-09,
adopted November 16, 2022).
(2) Coordination.--In taking actions under paragraph (1),
the Administrator shall coordinate with the State of Alaska,
airports in Alaska, air carriers operating in Alaska, private
pilots (including tour operators) based in Alaska, and such
other members of the Alaska aviation community or other
stakeholders as the Administrator determines appropriate.
(f) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, is amended by adding at the end the following:
``44745. Don Young Alaska Aviation Safety Initiative.''.
SEC. 511. CONTINUED OVERSIGHT OF FAA COMPLIANCE PROGRAM.
Section 122 of the Aircraft Certification, Safety, and
Accountability Act (Public Law 116-260; 134 Stat. 2344) is amended--
(1) in subsection (b) by striking paragraph (2) and
inserting the following:
``(2) conduct an annual agency-wide evaluation of the
Compliance Program through fiscal year 2028 to assess the
functioning and effectiveness of such program and to
determine--
``(A) the need for long-term metrics that, to the
maximum extent practicable, apply to all program
offices to assess the effectiveness of the program;
``(B) if the program ensures the highest level of
compliance with safety standards; and
``(C) if the program has met its stated safety
goals and purpose;'';
(2) in subsection (c)(4) by striking ``2023'' and inserting
``2028''; and
(3) in subsection (d) by striking ``2023'' and inserting
``2028''.
SEC. 512. SCALABILITY OF SAFETY MANAGEMENT SYSTEMS.
In conducting any rulemaking to require, or implementing a
regulation requiring, a safety management system, the Administrator of
the Federal Aviation Administration shall consider the scalability of
such safety management system requirements to the full range of
entities in terms of size or complexity that may be affected by such
rulemaking or regulation, including--
(1) how an entity can demonstrate compliance using various
documentation, tools, and methods, including, as appropriate,
systems with multiple small operators collectively monitoring
for and addressing risks;
(2) a review of traditional safety management techniques
and the suitability of such techniques for small entities;
(3) the applicability of existing safety management system
programs implemented by an entity;
(4) the suitability of existing requirements under part 5
of title 14, Code of Federal Regulations, for small entities;
and
(5) other unique challenges relating to small entities the
Administrator determines appropriate to consider.
SEC. 513. FINALIZE SAFETY MANAGEMENT SYSTEM RULEMAKING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a final rule relating to the Notice of
Proposed Rulemaking of the Federal Aviation Administration titled
``Safety Management Systems'', issued on January 11, 2023.
(b) Applicability.--In issuing a final rule under subsection (a),
the Administrator shall ensure that the safety management system
requirement under the Notice of Proposed Rulemaking described in
subsection (a) is applied to all certificate holders operating under
the rules for commuter and on-demand operations under part 135 of title
14, Code of Federal Regulations, commercial air tour operators
operating under section 91.147 of such title, production certificate
holders that are holders or licensees of a type certificate for the
same product, and holders of a type certificate who license out such
certificate for production under part 21 of such title.
SEC. 514. IMPROVEMENTS TO AVIATION SAFETY INFORMATION ANALYSIS AND
SHARING.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall implement improvements to the Aviation Safety Information
Analysis and Sharing Program with respect to safety data sharing and
risk mitigation.
(b) Requirements.--In carrying out subsection (a), the
Administrator shall--
(1) identify methods to increase the rate at which data is
collected, processed, and analyzed to expeditiously share
safety intelligence;
(2) develop predictive capabilities to anticipate emerging
safety risks;
(3) identify methods to improve shared data environments
with external stakeholders;
(4) establish a robust process for prioritizing requests
for safety information;
(5) establish guidance to encourage regular safety
inspector review of non-confidential aviation safety and
performance data;
(6) identify industry segments not yet included and conduct
outreach to such industry segments to increase the rate of
participation, including--
(A) general aviation;
(B) rotorcraft;
(C) air ambulance; and
(D) maintenance facilities; and
(7) establish processes for obtaining and analyzing
comprehensive and aggregate data for new and future industry
segments.
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) to require the Administrator to share confidential or
proprietary information and data to safety inspectors for
purposes of enforcement; or
(2) to limit the applicability of section 44735 of title
49, United States Code, to the Aviation Safety Information
Analysis and Sharing Program.
(d) Briefing.--Not later than 180 days after the date of enactment
of this Act, and every 6 months thereafter until the improvements under
subsection (a) are made, the Administrator shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the progress of implementation of the Aviation Safety Information
Analysis and Sharing Program and steps taken to make improvements under
subsection (a).
SEC. 515. IMPROVEMENT OF CERTIFICATION PROCESSES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall continually look for opportunities and methods to
improve the processing of applications, consideration of applications,
communication with applicants, and quality of feedback provided to
applicants, for aircraft certification projects.
(b) Certification Improvements.--Not later than 270 days after the
date of enactment of this Act, the Administrator shall enter into an
appropriate arrangement with a qualified third-party organization or
consortium to identify and assess digital tools and software systems to
allow for efficient and virtual evaluation of an applicant design,
associated documentation, and software or systems engineering product,
including in digital 3 dimensional formats or using model-based systems
engineering design techniques for aircraft certification projects.
(c) Parties to Review.--In identifying digital tools and software
systems as described in subsection (b), the Administrator shall ensure
that the qualified third-party organization or consortium entering into
an arrangement under this section shall, throughout the review, consult
with--
(1) the aircraft certification and flight standards offices
or services of the Administration; and
(2) at least 3 industry members representing aircraft and
aircraft part manufacturing interests.
(d) Digital Tool and Software System Requirements.--In identifying
digital tools and software systems under subsection (b), the qualified
third-party organization or consortium shall--
(1) consider the interoperability of such systems to the
extent practicable;
(2) consider the scalability and usability of such systems
for differing use-cases by aircraft manufacturers, aircraft
operators, and the Administration, including cross-office use-
cases within the Administration;
(3) consider such systems currently in use by United States
manufacturers or other civil aviation authorities for
certification and engineering purposes;
(4) consider the--
(A) available technology support for such systems;
and
(B) ability for such systems to be updated and
adapted over time to improve user interfaces, including
providing additional functionalities and addressing
gaps;
(5) consider the ability of digital tools and software
systems to aid in the electronic review of software components
of aircraft and aircraft systems;
(6) consider the ability of the Administration and aircraft
designers to use digital tools and software systems for
corrective actions and modifications in a more rapid fashion;
(7) determine if each system provides adequate protections
for the exchange of information between governmental and
nongovernmental entities, including--
(A) intellectual property protections;
(B) cyber and network security protections; and
(C) the ability for governmental and
nongovernmental entities to control what is acceptable
and what is restricted for other parties;
(8) evaluate the estimated ease of adoption and any
impediments to adoption for personnel of the Federal Aviation
Administration; and
(9) evaluate the ability for nongovernmental organizations
of various sizes to adopt and utilize the digital and software
systems identified under subsection (b) to improve the aircraft
certification application and coordination processes with the
Administration.
(e) Assessment.--After reviewing digital and software systems under
subsection (b), the qualified third-party organization or consortium
shall provide an assessment to the Administrator as to--
(1) whether or not digital and software systems and tools
would improve the coordination of the Administration with
industry;
(2) whether or not such systems and tools would improve the
ability of the Administration to validate and verify aircraft
and software designs in non-paper formats; and
(3) the potential safety benefits or safety risks of using
such systems and tools.
(f) Content of Assessment.--In the event the qualified third-party
organization or consortium finds that digital and software systems and
tools would assist the work of the Administration and improve
certification projects processing, the assessment described under
subsection (e) shall also include--
(1) a prioritization, expected costs, and timeline of
acquisitions and training based on immediate and future needs
and benefits; and
(2) suggest actions the Administration could take in order
to institutionalize the use of such technologies at the
headquarters and field offices of the Administration, and to
protect information shared through such technologies, including
recommended updates to orders issued by the Administration.
(g) Implementation.--Based on the assessment required in
subsections (e) and (f), if the qualified third-party organization
finds that the use of digital software systems and tools would assist
the work of the agency, the Administrator shall--
(1) provide the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate with a briefing on the intended actions of the
Administrator;
(2) not later than 60 days after receiving such assessment
develop a plan to--
(A) work towards the acquisition of the systems and
tools recommended, subject to the availability of
appropriations;
(B) update any applicable orders and guidance to
allow for the use of these new systems and tools by
personnel of the Administration and nongovernmental
entities applying to or coordinating with the
Administration on certification related activities, at
the discretion of the applicant or nongovernmental
entity;
(C) on an ongoing basis review and modify orders
and guidance to improve the use of these systems and
tools as well as addressing any intellectual property
vulnerabilities; and
(h) Briefing.--Not later than 30 months after receiving such
assessment, the Administrator shall provide the committees described in
paragraph (1) with a briefing on the use, benefits, and any drawbacks
of the systems and tools, including comparisons between certification
programs using and not using digital and software systems and tools.
SEC. 516. INSTRUCTIONS FOR CONTINUED AIRWORTHINESS AVIATION RULEMAKING
COMMITTEE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall convene an aviation rulemaking committee to review, and develop
findings and recommendations regarding, instructions for continued
airworthiness (as described in section 21.50 of title 14, Code of
Federal Regulations), and provide to the Administrator a report on such
findings and recommendations and for other related purposes as
determined by the Administrator.
(b) Composition.--The aviation rulemaking committee established
pursuant to subsection (a) shall consist of members appointed by the
Administrator, including representatives of--
(1) holders of type certificates (as described in subpart B
of part 21, title 14, Code of Federal Regulations);
(2) holders of production certificates (as described in
subpart G of part 21, title 14, Code of Federal Regulations);
(3) holders of parts manufacturer approvals (as described
in subpart K of part 21, title 14, Code of Federal
Regulations);
(4) holders of technical standard order authorizations (as
described in subpart O of part 21, title 14, Code of Federal
Regulations);
(5) operators under parts 121, 125, or 135 of title 14,
Code of Federal Regulations;
(6) holders of repair station certificates (as described in
section 145 of title 14, Code of Federal Regulations) that are
not also type certificate holders as included under paragraph
(1), production certificate holders as included under paragraph
(2), or aircraft operators as included under paragraph (5) (or
associated with any such entities);
(7) the certified bargaining representative of aviation
safety inspectors and engineers for the Administration;
(8) general aviation operators;
(9) mechanics certificated under part 65 of title 14, Code
of Federal Regulations;
(10) holders of supplemental type certificates (as
described in subpart E of part 21 of title 14, Code of Federal
Regulations);
(11) designated engineering representatives employed by
repair stations described in paragraph (6); and
(12) aviation safety experts with specific knowledge of
instructions for continued airworthiness policies and
regulations.
(c) Considerations.--The aviation rulemaking committee established
pursuant to subsection (a) shall consider--
(1) existing standards, regulations, certifications,
assessments, and guidance related to instructions for continued
airworthiness and the clarity of such standards, regulations,
certifications, assessments, and guidance to all parties;
(2) the sufficiency of safety data used in preparing
instructions for continued airworthiness;
(3) the sufficiency of maintenance data used in preparing
instructions for continued airworthiness;
(4) the protection of proprietary information and
intellectual property in instructions for continued
airworthiness;
(5) the availability of instructions for continued
airworthiness, as needed, for maintenance activities;
(6) the need to harmonize or deconflict proposed and
existing regulations with other Federal regulations, guidance,
and policies;
(7) international collaboration, where appropriate and
consistent with the interests of safety in air commerce and
national security, with other civil aviation authorities,
international aviation and standards organizations, and any
other appropriate entities; and
(8) any other matter the Administrator determines
appropriate.
(d) Duties.--The Administrator shall--
(1) not later than 1 year after the date of enactment of
this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a copy of the aviation rulemaking committee report under
subsection (a); and
(2) not later than 180 days after the date of submission of
the report under paragraph (1), initiate a rulemaking activity
or make such policy and guidance updates necessary to address
any consensus recommendations reached by the aviation
rulemaking committee established pursuant to subsection (a), as
determined appropriate by the Administrator.
SEC. 517. CLARITY FOR SUPPLEMENTAL TYPE CERTIFICATE REQUIREMENTS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall issue or update guidance, policy documents,
orders, job aids, or regulations to clarify the conditions under which
a major alteration will require a supplemental type certificate under
part 21 of title 14, Code of Federal Regulations.
(b) Contents.--Issuances or updates under subsection (a) shall
include providing clarity around--
(1) the terms ``might appreciatively effect'' and ``no
appreciable effect pursuant to sections 1.1 and 21.93 of title
14, Code of Federal Regulations, respectively''; and
(2) whether the term ``other approved design'', as such
term appears in part 21.1 of title 14, Code of Federal
Regulations, includes engineering data approved by the
Administrator by means other than through a supplemental type
certificate.
(c) Considerations.--In satisfying subsection (a), the
Administrator shall make such updates as necessary to provide
consideration for the level of effort required by an applicant to make
a major alteration and the associated level of risk to the national
airspace system for a single aircraft or multiple aircraft using such
alteration.
SEC. 518. USE OF ADVANCED TOOLS IN CERTIFYING AEROSPACE PRODUCTS.
(a) In General.--Not later than 30 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall complete an assessment of the use of advanced
tools during the testing, analysis, and verification stages of
aerospace certification projects to reduce the risks associated with
high-risk flight profiles and performing limit testing.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Administrator shall consider--
(1) instances where high risk flight profiles and limit
testing have already occurred in the certification process and
the applicability of such test data for use in other aspects of
flight testing;
(2) the safety of pilots during such testing;
(3) the value and accuracy of data collected using such
advanced tools;
(4) the ability to produce more extensive data sets using
such advanced tools;
(5) any aspects of testing for which the use of such tools
would not be valuable or applicable;
(6) the cost of using such advanced tools; and
(7) the best practices of other civil aviation authorities
that permit the use of advanced tools during aerospace
certification projects.
(c) Consultation.--In carrying out the assessment under subsection
(a), the Administrator shall consult with--
(1) aircraft manufacturers, including manufacturers that
have designed and certified aircraft under--
(A) part 23 of title 14, Code of Federal
Regulations;
(B) part 25 of such title; or
(C) part 27 of such title;
(2) aircraft manufacturers that have designed and
certified, or are in the process of certifying, aircraft with a
novel design under part 21.17(b) of such title;
(3) associations representing aircraft manufacturers;
(4) researchers and academics in related fields; and
(5) pilots who are experts in flight testing.
(d) Congressional Report.--Not later than 60 days after the
completion of the assessment under subsection (a), the Administrator
shall brief the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on--
(1) the results of the assessment conducted under
subsection (a); and
(2) how the Administrator plans to implement the findings
of the assessment and any changes needed to Administration
policy, guidance, and regulations to allow for and optimize the
use of advanced tools during the certification of aerospace
products in order to reduce risk and improve safety outcomes.
SEC. 519. TRANSPORT AIRPLANE AND PROPULSION CERTIFICATION
MODERNIZATION.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall publish a
notice of proposed rulemaking for the rulemaking activity titled
``Transport Airplane and Propulsion Certification Modernization'',
published in Fall 2022 in the Unified Agenda of Federal Regulatory and
Deregulatory Actions (RIN 2120-AL42).
SEC. 520. ENGINE FIRE PROTECTION STANDARDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish an internal regulatory review team to review and
compare domestic and international airworthiness standards and guidance
for aircraft engine firewalls.
(b) Review.--In completing the review under subsection (a), the
regulatory review team shall--
(1) identify any significant differences in standards or
guidance with respect to test article selection, fire test
boundaries, and pass-fail criteria;
(2) consider if alternative international standards used by
peer civil aviation authorities reflect best practices that
should be adopted by the Administration;
(3) recommend updates, if appropriate, to the Significant
Standards List of the Administration based on any findings;
(4) assess whether a selection of aircraft engine firewalls
certified by other civil aviation authorities, which were
validated by the Administration, comply with the requirements
of the Administration;
(5) recommend actions the Administration should take during
future validation activities or with other civil aviation
authorities to address any gaps in requirements; and
(6) consult with industry stakeholders during such review.
(c) Briefing.--Not later than 120 days after the completion of the
review under subsection (a), the Administrator shall 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 findings and recommendations
stemming from such review.
SEC. 521. RISK MODEL FOR PRODUCTION FACILITY INSPECTIONS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act and periodically thereafter, the Administrator of
the Federal Aviation Administration shall--
(1) conduct a review of the risk-based model used by
Federal Aviation Administration certification management
offices to inform the frequency of aircraft manufacturing or
production facility inspections; and
(2) update the model to ensure such model adequately
accounts for risk at facilities during periods of increased
production.
(b) Briefings.--Not later than 60 days after the date on which the
review is conducted under subsection (a), the Administrator shall brief
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on--
(1) the results of the review;
(2) any changes made to the risk-based model described in
subsection (a); and
(3) how such changes would help improve the in-plant
inspection process.
SEC. 522. SECONDARY COCKPIT BARRIERS.
(a) In General.--Not later than 6 months after the issuance of a
final rule on the proposed rule of the Federal Aviation Administration
titled ``Installation and Operation of Flightdeck Installed Physical
Secondary Barriers on Transport Category Airlines in Part 121
Service'', and issued on August 1, 2022 (87 Fed. Reg. 46892), the
Administrator of the Federal Aviation Administration shall convene an
aviation rulemaking committee to review and develop findings and
recommendations to require installation of a secondary cockpit barrier
on commercial passenger aircraft operated under the provisions of part
121 of title 14, Code of Federal Regulations, that are not captured
under another regulation or proposed regulation.
(b) Membership.--The Administrator shall chair and appoint the
members of the rulemaking committee convened under subsection (a),
which shall be comprised of at least 1 representative from the
constituencies of--
(1) mainline air carriers;
(2) regional air carriers;
(3) aircraft manufacturers;
(4) passenger aircraft pilots represented by a labor group;
(5) flight attendants represented by a labor group;
(6) airline passengers; and
(7) other stakeholders the Administrator determines
appropriate.
(c) Considerations.--The aviation rulemaking committee convened
under subsection (a) shall consider--
(1) minimum dimension requirements for secondary barriers
on all aircraft types operated under part 121 of title 14, Code
of Federal Regulations;
(2) secondary barrier performance standards manufacturers
and air carriers must meet for such aircraft types;
(3) the availability of certified secondary barriers
suitable for use on such aircraft types;
(4) the development, certification, testing, manufacturing,
installation, and training for secondary barriers for such
aircraft types;
(5) flight duration and stage length;
(6) the location of lavatory on such aircraft as related to
operational complexities;
(7) operational complexities;
(8) any risks to safely evacuate passengers of such
aircraft; and
(9) other considerations the Administrator determines
appropriate.
(d) Report to Congress.--Not later than 12 months after the
convening of the aviation rulemaking committee described in subsection
(a), the Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, a report based on
the findings and recommendations of the aviation rulemaking committee
convened under subsection (a), to include--
(1) if applicable, any dissenting positions on the findings
and the rationale for each position; and
(2) any disagreements, including the rationale for each
position and the reasons for the disagreement.
(e) Installation of Secondary Cockpit Barriers of Existing
Aircraft.--Not later than 36 months after the date of the submission of
the report of subsection (d), the Administrator of the Federal Aviation
Administration shall, taking into consideration the final reported
findings and recommendations of the aviation rulemaking committee,
issue a final rule requiring installation of a secondary cockpit
barrier on each commercial passenger aircraft operated under the
provisions of part 121 of title 14, Code of Federal Regulations.
SEC. 523. REVIEW OF FAA USE OF AVIATION SAFETY DATA.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall enter into an appropriate arrangement with a qualified third-
party organization or consortium to evaluate the Administration's
collection, collation, analysis, and use of aviation data across the
Administration.
(b) Consultation.--In completing the evaluation under subsection
(a), the qualified third-party organization or consortium shall--
(1) seek the input of experts in data analytics, including
at least 1 expert in the commercial data services or analytics
solutions sector;
(2) consult with the National Transportation Safety Board
and the Transportation Research Board; and
(3) consult with appropriate federally funded research and
development centers, to the extent that such centers are not
already involved in the evaluation.
(c) Substance of Evaluation.--In completing the evaluation under
subsection (a), the qualified third-party organization or consortium
shall--
(1) compile a list of internal and external sources,
databases, and streams of information the Administration
receives or has access to that provide the Administration with
operational or safety information and data about the national
airspace system, its users, and other regulated entities of the
Administration;
(2) review data sets to determine completeness and accuracy
of relevant information;
(3) identify gaps in information that the Administration
could fill through sharing agreements, partnerships, or other
means that would add value during safety trend analysis;
(4) assess the Administration's capabilities, including
analysis systems and workforce skillsets, to analyze relevant
data and information to make informed decisions;
(5) review data and information for proper storage,
identification controls, and data privacy--
(A) as required by law; and
(B) consistent with best practices for data
collection, storage, and use;
(6) review the format of such data and identify methods to
improve the usefulness of such data;
(7) assess internal and external access to data for--
(A) appropriateness based on data type and level of
detail;
(B) proper data access protocols and precautions;
and
(C) maximizing availability of safety-related data
that could support the improvement of safety management
systems of and trend identification by regulated
entities and the Administration;
(8) examine the collation and dissemination of data within
offices and between offices of the Administration;
(9) review and recommend improvements to the data analysis
techniques of the Administration; and
(10) recommend investments the Administration should
consider to better collect, manage, and analyze data sets,
including within and between offices of the Administration.
(d) Access to Information.--The Administration shall provide the
qualified third-party organization or consortium and the experts
described in subsection (b) with adequate access to safety and
operational data collected by and held by the agency across all offices
of the Administration, except if specific access is otherwise
prohibited by law.
(e) Nondisclosure.--Prior to participating in the review, the
Administrator shall ensure that each person participating in the
evaluation under this section enters into an agreement with the
Administrator in which the person shall be prohibited from disclosing
at any time, except as required by law, to any person, foreign or
domestic, any non-public information made accessible to the federally
funded research and development center under this section.
(f) Report.--The qualified third-party organization or consortium
carrying out the evaluation under this section shall provide a report
of the findings of the center to the Administrator and include
recommendations to improve the Administration's collection, collation,
analysis, and use of aviation data, including recommendations to--
(1) improve data access across offices within the
Administration, as necessary, to support efficient execution of
safety analysis and programs across such offices;
(2) improve data storage best practices;
(3) develop or refine methods for collating data from
multiple administration and industry sources; and
(4) procure or use available analytics tools to draw
conclusions and identify previously unrecognized trends or
miscategorized risks in the aviation system, particularly when
identification of such information requires the analysis of
multiple sets of data from multiple sources.
(g) Implementation of Recommendations.--Not later than 6 months
after the receipt of the report under subsection (f), the Administrator
shall review, develop an implementation plan, and begin the
implementation of the recommendations received in such report.
(h) Review of Implementation.--The qualified third-party
organization or consortium that conducted the initial evaluation, and
any experts who contributed to such evaluation pursuant to subsection
(b)(1), shall provide regular feedback and advice to the Administrator
on the implementation plan developed under subsection (g) and any
implementation activities for at least 2 years beginning on the date of
the receipt of the report under subsection (f).
(i) Report to Congress.--The Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the report described in subsection (f) and
the implementation plan described in subsection (g).
(j) Existing Reporting Systems.--Consistent with section 132 of the
Aircraft Certification, Safety, and Accountability Act (Public Law 116-
260), the Executive Director of the Transportation Research Board, in
consultation with the Secretary of Transportation and the
Administrator, may further harmonize data and sources following the
implementation of recommendations contained in the report required
under subsection (g).
(k) Rule of Construction.--Nothing in this section shall be
construed to permit the public disclosure of information submitted
under a voluntary safety reporting program or that is otherwise
protected under section 44735 of title 49, United States Code.
SEC. 524. PART 135 DUTY AND REST.
(a) Part 91 Tail-end Ferry Rulemaking.--Not later than 3 years
after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall require that any operation
conducted by a flightcrew member during an assigned duty period under
the operational control of an operator holding a certificate under part
135 of title 14, Code of Federal Regulations, before, during, or after
the duty period (including any operations under part 91 of title 14,
Code of Federal Regulations), without an intervening rest period, shall
count towards the flight time and duty period limitations of such
flightcrew member under part 135 of title 14, Code of Federal
Regulations.
(b) Record Keeping.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall update any
Administration policy and guidance regarding complete and accurate
record keeping practices for operators holding a certificate under part
135 of title 14, Code of Federal Regulations, in order to properly
document, at a minimum--
(1) flightcrew assignments;
(2) flightcrew prospective rest notifications;
(3) compliance with flight and duty times limitations and
post-duty rest requirements; and
(4) duty period start and end times.
(c) Safety Management System Oversight.--The Administrator, in
performing oversight of the safety management system of an operator
holding a certificate under part 135 of title 14, Code of Federal
Regulations, following the implementation of the final rule issued
based on the rulemaking titled ``Safety Management Systems'', and
published on January 11, 2023 (88 Fed. Reg 1932), shall ensure such
operator is evaluating and appropriately mitigating aviation safety
risks, including, at minimum, risks associated with--
(1) inadequate flightcrew member duty and rest periods; and
(2) incomplete records pertaining to flightcrew rest, duty,
and flight times.
(d) Organ Transportation Flights.--In updating guidance and policy
pursuant to subsection (b), the Administrator shall consider and allow
for appropriate accommodations, including accommodations related to
subsections (b)(2) and (b)(4) for operators--
(1) performing organ transportation operations; and
(2) who have in place a means by which to identify and
mitigate risks associated with flightcrew duty and rest.
SEC. 525. COCKPIT VOICE RECORDERS.
(a) In General.--Chapter 447 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 44746. 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 section, 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, or where crew would reasonably believe
an aircraft lined up on an incorrect runway or incorrect
taxiway, the aircraft landing at the wrong airport, the
aircraft significantly overpassed the destination airport, or
the crew have been alerted of a possible pilot deviation and
provide for civil and criminal penalties for such deliberate
erasing or tampering, which may be assessed in accordance with
section 1155 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 of title 14, Code of Federal
Regulations; and
``(2) required by regulation to have a cockpit voice
recorder or a flight data recorder.
``(d) Rule of Construction.--Nothing in this section shall be
construed to affect--
``(1) the confidentiality of recordings and transcripts
under section 1114(c);
``(2) the ban on recordings for civil penalty or
certificate action under section 121.359(h) of title 14, Code
of Federal Regulations; or
``(3) the prohibition against use of data from flight
operational quality assurance programs for enforcement purposes
under section 13.401 of 14, Code of Federal Regulations.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, is further amended by adding at the end the
following:
``44746. Cockpit recording device.''.
SEC. 526. FLIGHT DATA RECOVERY FROM OVERWATER OPERATIONS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall direct the Aviation Rulemaking Advisory Committee
(hereinafter referred to as the ``Committee'' in this section) to
review regulations regarding flight data recovery for aircraft--
(1) operated under part 121 of title 14, Code of Federal
Regulations; and
(2) used in extended overwater operations.
(b) Considerations.--In carrying out the review pursuant to
subsection (a), the Committee shall provide to the Administrator any
consensus recommendations for the equipage of aircraft described in
subsection (a) with a cockpit voice recorder and a flight data recorder
that--
(1) provide 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) is equipped with a tamper-resistant method to broadcast
sufficient information to a ground station to establish the
location where an aircraft terminates flight as the result of
an accident within 6 nautical miles of the point of impact of
the aircraft; and
(3) is equipped with an airframe low-frequency underwater
locating device that functions for at least 90 days and that
can be detected by appropriate equipment.
(c) Recommendations.--Not later than 18 months after tasking the
aviation rulemaking advisory committee under subsection (a), the
committee shall submit to the Administrator any consensus
recommendations developed under subsection (b).
(d) Rulemaking.--Not later than 1 year after receiving any
recommendations pursuant to subsection (c), the Administrator shall
initiate a rulemaking activity based on such consensus recommendations,
if determined appropriate.
(e) Briefing.--If the Administrator decides not to issue a final
rule with respect to the rulemaking initiated under subsection (d), the
Administrator shall 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
justification for such decision.
SEC. 527. EMERGENCY MEDICAL EQUIPMENT ON PASSENGER AIRCRAFT.
(a) In General.--Not later than 12 months after date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall review and update, as appropriate, part 121 of title 14, Code of
Federal Regulations, regarding emergency medical equipment, including
the contents of emergency medical kits, and training required for
flight crew.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider--
(1) the benefits and costs (including the costs of flight
diversions and emergency landings) of requiring any new
medications or equipment necessary to be included in approved
emergency medical kits under part 121 of title 14, Code of
Federal Regulations;
(2) whether the contents of the emergency medical kits
include the appropriate medications and equipment that can
practicably be administered to address--
(A) the emergency medical needs of children and
pregnant women;
(B) opioid overdose;
(C) anaphylaxis; and
(D) cardiac arrest; and
(3) what contents of the emergency medical kits should be
readily available, to the extent practicable, for use by flight
crews without prior approval by a medical professional.
(c) Consultation.--In conducting the review required under
subsection (a), the Administrator shall consult with associations
representing aerospace medical professionals.
SEC. 528. NAVIGATION AIDS STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the inspector general of the Department of
Transportation shall initiate a study examining the effects of
reclassifying navigation aids to Design Assurance Level-A from Design
Assurance Level-B, including the following navigation aids:
(1) Distance measuring equipment.
(2) Very high frequency omni-directional range.
(3) Tactical air navigation.
(4) Wide area augmentation system.
(b) Contents.--In conducting the study required under subsection
(a), the inspector general shall address--
(1) the cost-benefit analyses associated with the
reclassification described in such subsection;
(2) the findings from the operational safety assessments
and preliminary hazard analyses of the navigation aids listed
in such subsection;
(3) the risks of such reclassification on navigation aid
equipment currently in use;
(4) the potential impacts on global interoperability of
navigational aids; and
(5) what additional actions should be taken based on the
findings of this subsection.
(c) Report.--Not later than 24 months after the date of enactment
of this Act, the inspector general shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report describing the results of the study conducted under subsection
(a).
SEC. 529. REMOTE TOWERS.
(a) Study.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to enter into an agreement
with a qualified organization to conduct a study examining the
viability and feasibility of remote tower technology available
on the date of enactment of this Act to accommodate existing
air traffic activity at non-towered, public-use airports and
airports with a visual flight rule air traffic control tower.
(2) Considerations.--In the study conducted under
subsection (a), the qualified organization selected under such
subsection shall consider and include in such study--
(A) the effectiveness and adequacy of the pilot
program established under section 161 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 47104 note) in--
(i) assessing the installation,
maintenance, and operational costs and benefits
of remote tower technology; and
(ii) establishing a clear process for the
safety and operational certification of such
technology;
(B) a description of actions that the
Administration has undertaken to carry out such pilot
program;
(C) any barriers related to the safety and
operational certification of such technology;
(D) the number and type of non-towered airports in
the national airspace system;
(E) the availability and development of remote
tower technology;
(F) the potential to use remote tower systems to
control air traffic at multiple airports and from a
single physical location, similar to a terminal radar
approach control facility;
(G) staffing flexibility to support seasonal
staffing of remote towers;
(H) safety factors related to the potential need
for such remote tower technology;
(I) the potential to use remote tower systems to
surveil for unmanned aircraft, in conjunction with
unmanned aircraft system traffic management systems, to
enhance air traffic management of manned air traffic;
(J) factors related to the demand for remote tower
technology;
(K) an examination of remote tower use in other
countries;
(L) projected costs associated with installing and
maintain remote tower technology at a single airport;
and
(M) recommendations regarding the most cost-
effective approach to provide air traffic control
services at non-towered airports in the national
airspace system.
(3) Input.--In carrying out the study under subsection (a),
the qualified organization selected under such subsection
shall--
(A) seek coordination with the Air Traffic
Organization and other offices of the Administration;
and
(B) seek the participation of representatives of--
(i) the exclusive bargaining
representatives of air traffic controllers
certified under section 7111 of title 5, United
States Code;
(ii) manufacturers of remote towers;
(iii) airport operators; and
(iv) other stakeholders that the
Administrator determines appropriate.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the results of
the study under subsection (a).
(b) Certification Process.--
(1) In general.--Not later than 1 year after the completion
of the study required under subsection (a), the Administrator
shall establish a process for the certification of system
design and operational approval of remote towers for use at
public-use airports.
(2) Consultation.--In carrying out subsection (b), the
Administrator shall consult with the following:
(A) The exclusive bargaining representative of the
air traffic controllers certified under section 7111 of
title 5, United States Code.
(B) Manufacturers of remote towers.
(C) Non-towered airport operators.
(3) Requirements.--In developing the certification process
required under subsection (b), the Administrator shall--
(A) establish requirements for the system design
and operational approval of remote towers, including--
(i) sensor and camera visual requirements;
(ii) datalink latency requirements; and
(iii) visual presentation design
requirements for monitors used to display
sensor and camera feeds;
(B) establish tower-closure standards for
contingency operations and procedures for remote tower
failures and malfunctions; and
(C) consider the use of--
(i) ground- and space-based
telecommunications infrastructure; and
(ii) any other wireless telecommunications
infrastructure that may enable the operation of
a remote tower.
(4) Operational approval assessments.--In developing the
operational approval process required under this subsection,
the Administrator shall--
(A) determine the appropriate number of air traffic
controllers necessary to staff a remote tower for safe
air traffic control operations at the respective
airport based on the existing or projected air traffic
activity at the airport;
(B) use a safety risk management panel process to
address any safety issues with respect to the remote
tower;
(C) if the remote tower is intended to be installed
at a non-towered airport, assess the safety benefits of
the remote tower against the lack of an existing tower;
and
(D) establish, to the satisfaction of the
Administrator and using performance-based criteria, to
the extent appropriate, published in advance, the level
of safety necessary for the operation of the remote
tower at the airport.
(5) Airport operators.--An airport operator seeking to
install or construct a certified remote tower shall submit to
the Administrator an application in such form and containing
such information as the Administrator may require.
(6) Implementation.--In carrying out this section, the
Administrator shall--
(A) identify air traffic control information and
data that assists the Administrator in categorically
certifying remote towers at different types of
airports;
(B) implement processes necessary to collect the
information and data identified in subparagraph (A);
and
(C) develop criteria from the information and data
identified in subparagraph (A) to assess remote towers
for widespread use at categories of public-use
airports.
(7) Prioritization of remote tower certification
applicants.--With respect to applications submitted as required
by paragraph (4), the Administrator shall prioritize--
(A) airports that do not have a permanent air
traffic control tower at the time of application;
(B) airports that would provide small and rural
community air service; or
(C) airports that have been newly accepted as of
the date of enactment of this Act into the Contract
Tower Program.
(8) Briefing.--Not later than 180 days after receiving the
report required under subsection (a), and annually thereafter
through fiscal year 2028, the Administrator shall 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 status of the activities
required under this section.
(c) Definitions.--In this section:
(1) Air traffic activity.--The term ``air traffic
activity'' means the number of takeoffs, landings, and
simulated approaches of an airport and the time of which such
takeoffs, landings, and simulated approaches occur.
(2) Contract tower program.--The term ``Contract Tower
Program'' has the meaning given such term in section 47124(e)
of title 49, United States Code.
(3) Qualified organization.--The term ``qualified
organization'' means an independent non-profit organization
that recommends solutions to public policy challenges through
objective analysis.
(4) Remote tower.--The term ``remote tower'' has the
meaning given such term in section 161(a)(9) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 47104 note).
SEC. 530. WEATHER REPORTING SYSTEMS STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a study to examine how to improve the procurement,
functionality, and sustainability of weather reporting systems,
including--
(1) automated weather observing systems;
(2) automated surface observing systems;
(3) visual weather observing systems; and
(4) non-Federal weather reporting systems.
(b) Contents.--In conducting the study required under section (a),
the Comptroller General shall address--
(1) the current state of the supply chain related to
weather reporting systems and the components of such systems,
including--
(A) the adequacy of suppliers of such systems and
components;
(B) the affordability of such systems and
components; and
(C) the availability and affordability of
replacement parts;
(2) the average age of weather reporting systems
infrastructure installed in the national airspace system;
(3) challenges to maintaining and replacing weather
reporting systems, including--
(A) root causes of weather reporting system
outages, including failures of such systems, and
supporting systems such as telecommunications
infrastructure; and
(B) the degree to which such outages affect weather
reporting in the national airspace system;
(4) mitigation measures to maintain aviation safety during
such an outage; and
(5) alternative means of obtaining weather elements at
airports, including wind direction, wind speed, barometric
pressure setting, and cloud coverage, including visibility.
(c) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with the
appropriate stakeholders and Federal agencies involved in installing,
managing, and supporting weather reporting systems in the national
airspace system.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the results of
the study conducted under subsection (a).
(2) Recommendations.--The Comptroller General shall include
in the report submitted under paragraph (1) recommendations
for--
(A) ways to improve the resiliency and redundancy
of weather reporting systems;
(B) alternative means of compliance for obtaining
weather elements at airports; and
(C) if necessary, changes to Orders of the
Administration, including the following:
(i) Surface Weather Observing, Joint Order
7900.5.
(ii) Notices to Air Missions, Joint Order
7930.2.
SEC. 531. GAO STUDY ON EXPANSION OF THE FAA WEATHER CAMERA PROGRAM.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the feasibility and benefits and costs of expanding
the Weather Camera Program of the Federal Aviation Administration to
locations in the United States that lack weather camera services.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall review--
(1) the potential effects of the existing Weather Camera
Program on weather-related aviation accidents and flight
interruptions;
(2) the potential benefits and costs associated with
expanding the Weather Camera Program;
(3) limitations on the real-time access of weather camera
information by pilots and aircraft operators;
(4) non-safety related regulatory structures or barriers to
the allowable use of weather camera information for the
purposes of aircraft operations;
(5) limitations of existing weather camera systems at the
time of the study;
(6) alternative sources of viable weather data;
(7) funding mechanisms for weather camera installation and
operations; and
(8) other considerations the Comptroller General determines
appropriate.
(c) Report to Congress.--Not later than 28 months after the date of
enactment of this Act, the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the study
required under subsection (a).
SEC. 532. AUDIT ON AVIATION SAFETY IN ERA OF WIRELESS CONNECTIVITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the inspector general of the Department of
Transportation shall initiate an audit of the Federal Aviation
Administration's internal processes and procedures to communicate the
position of civil aviation operators and the safety of the national
airspace system to the National Telecommunications and Information
Administration regarding proposed spectrum reallocations or auction
decisions.
(b) Assessment.--In conducting the audit described in subsection
(a), the inspector general shall assess best practices and policy
recommendations for the Federal Aviation Administration to--
(1) improve internal processes by which proposed spectrum
reallocations or auctions are thoroughly reviewed in advance to
ensure that any comments or technical concerns regarding
aviation safety from civil aviation stakeholders are
communicated to the National Telecommunications and Information
Administration that are to be submitted to the Federal
Communications Commission;
(2) develop internal processes and procedures to assess the
effects a proposed spectrum reallocation or auction may have on
the national airspace system in a timely manner to ensure
safety of the national airspace system;
(3) improve external communication processes to better
inform civil aviation stakeholders, including owners and
operators of civil aircraft, on any comments or technical
concerns of the Federal Aviation Administration relating to a
proposed spectrum reallocation or auction that may impact the
national airspace system; and
(4) better communicate to the National Telecommunications
and Information Administration when a proposed spectrum
reallocation or auction may pose a potential risk to aviation
safety.
(c) Stakeholder Views.--In conducting the audit pursuant to
subsection (a), the inspector general shall consult with relevant
stakeholders, including--
(1) air carriers operating under part 121 of title 14, Code
of Federal Regulations;
(2) manufacturers of aircraft and aircraft components;
(3) wireless communication carriers;
(4) labor unions representing pilots;
(5) air traffic system safety specialists;
(6) other representatives of the communications industry;
(7) aviation safety experts;
(8) the National Telecommunications and Information
Administration; and
(9) the Federal Communications Commission.
(d) Report.--Not later than 2 years after the date on which the
audit is conducted pursuant to subsection (a), the inspector general
shall complete and submit a report on findings and recommendations to--
(1) the Administrator of the Federal Aviation
Administration;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Commerce, Science, and Technology of
the Senate.
SEC. 533. RAMP WORKER SAFETY CALL TO ACTION.
(a) Call to Action Ramp Worker Safety Review.--Not later than 180
days after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall initiate a Call to Action safety
review of airport ramp worker safety in order to bring stakeholders
together to share best practices and implement actions to address
airport ramp worker safety.
(b) Contents.--The Call to Action safety review required pursuant
to subsection (a) shall include--
(1) a review of Administration regulations, guidance, and
directives related to airport ramp worker procedures and
oversight of such processes;
(2) a review of reportable accidents and incidents
involving airport ramp workers, including any identified
contributing factors to the reportable accident or incident;
(3) a review of training and related educational materials
for airport ramp workers, including supervisory employees;
(4) a review of devices and methods for communication on
the ramp;
(5) a review of markings on the ramp that define
restriction, staging, safety, or hazard zones;
(6) a review of aircraft jet blast and engine intake safety
markings; and
(7) a process for stakeholders, including airlines,
aircraft manufacturers, airports, labor, and aviation safety
experts, to provide feedback and share best practices.
(c) Report and Actions.--Not later than 180 days after the
conclusion of the Call to Action safety review pursuant to subsection
(a), the Administrator shall--
(1) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the review and any
recommendations for actions or best practices to improve
airport ramp worker safety, including the identification of
risks and possible mitigations to be considered in any
applicable safety management system of air carriers and
airports; and
(2) initiate such actions as are necessary to act upon the
findings of the review under subsection (b).
(d) Training Materials.--Not later than 6 months after the
completion of the safety review required under subsection (a), the
Administrator shall develop and publish training and related
educational materials about aircraft engine ingestion and jet blast
hazards for ground crews (including supervisory employees) that
includes information on--
(1) the specific dangers and consequences of entering
engine ingestion or jet blast zones;
(2) proper protocols to avoid entering an engine ingestion
or jet blast zone; and
(3) on-the-job, instructor-led training to physically
demonstrate the engine ingestion zone boundaries and jet blast
zones for each kind of aircraft the ground crew may encounter.
SEC. 534. SAFETY DATA ANALYSIS FOR AIRCRAFT WITHOUT TRANSPONDERS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration,
in coordination with the Chairman of the National Transportation Safety
Board, shall collect and analyze data relating to accidents and
incidents involving covered exempt aircraft that occurred within 30
nautical miles of an airport.
(b) Requirements.--The analysis required under subsection (a) shall
include with respect to covered exempt aircraft a review of--
(1) incident and accident data since 2006;
(2) incidents and accidents involving midair events,
including collisions;
(3) incidents and accidents involving ground proximity
warning system alerts;
(4) incidents and accidents involving traffic collision
avoidance system alerts;
(5) incidents and accidents involving a loss of separation
or near miss; and
(6) the causes of the accidents and incidents described in
paragraphs (1) through (5).
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report containing the results of the analysis required under
subsection (a) and, if appropriate, recommendations on how to reduce
the number of incidents and accidents associated with such covered
exempt aircraft.
(d) Covered Exempt Aircraft Defined.--In this section, the term
``covered exempt aircraft'' means aircraft, balloons, and gliders
exempt from air traffic control transponder and altitude reporting
equipment and use requirements under part 91.215(b)(3) of title 14,
Code of Federal Regulations.
SEC. 535. CRASH-RESISTANT FUEL SYSTEMS IN ROTORCRAFT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall task the Aviation Rulemaking Advisory Committee
to--
(1) review the data analysis conducted and the
recommendations developed by the Aviation Rulemaking Advisory
Committee Rotorcraft Occupant Protection Working Group of the
Administration;
(2) update the 2018 report of such working group on
rotorcraft occupant protection by--
(A) reviewing National Transportation Safety Board
data from 2016 through 2023 on post-crash fires in
helicopter accidents; and
(B) determining whether and to what extent crash-
resistant fuel systems could have prevented fatalities;
and
(3) develop recommendations for either the Administrator or
the helicopter industry to encourage helicopter owners and
operators to expedite the installation of crash-resistant fuel
systems in the aircraft of such owners and operators regardless
of original certification and manufacture date.
(b) Schedule.--
(1) Deadline.--Not later than 18 months after the
Administrator tasks the Aviation Rulemaking Advisory Committee
under subsection (a), the Committee shall submit the
recommendations developed under subsection (a)(2) to the
Administrator.
(2) Implementation.--If applicable, and not later than 180
days after receiving the recommendations under paragraph (1),
the Administrator shall--
(A) begin implementing, as appropriate, any
consensus safety recommendations the Administrator
receives from the Aviation Rulemaking Advisory
Committee, and brief the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate on any recommendations the Administrator
does not implement; and
(B) partner with the United States Helicopter
Safety Team, as appropriate, to facilitate
implementation of any recommendations for the
helicopter industry pursuant to subsection (a)(2)
SEC. 536. REDUCING TURBULENCE ON PART 121 AIRCRAFT OPERATIONS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall review and implement, as appropriate, 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).
(b) Report.--
(1) In general.--Not later than 1 year after completing the
review under subsection (a), and every 2 years thereafter, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the status of the recommendations in the
safety research report described in subsection (a) until the
earlier of--
(A) the date on which such recommendations have
been adopted; or
(B) the date that is 10 years after the date of
enactment of this Act.
(2) Contents.--If the Administrator decides not to
implement a recommendation in the safety research report
described in subsection (a), the Administrator shall provide,
as a part of the report required under paragraph (1), a
description of why the Administrator did not implement such
recommendation.
SEC. 537. STUDY ON RADIATION EXPOSURE.
(a) Study.--Not later than 120 days after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall seek to enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine under which the National Research
Council of the National Academies shall conduct a study on radiation
exposure onboard various aircraft types operated under part 121 of
title 14, Code of Federal Regulations.
(b) Scope of Study.--In conducting the study under subsection (a),
the National Research Council shall assess--
(1) radiation concentrations in such aircraft at takeoff,
in-flight at high altitudes, and upon landing;
(2) the health risks and impact of radiation exposure to
flight attendants and passengers onboard aircraft operating at
high altitudes; and
(3) mitigation measures to prevent and reduce the health
and safety impacts of radiation exposure to flight attendants
and passengers.
(c) Report to Congress.--Not later than 16 months after the
initiation of the study required under subsection (a), the Secretary
shall submit to the appropriate committees of Congress the study
conducted by the National Research Council pursuant to this section.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 538. DETERRING CREWMEMBER INTERFERENCE.
(a) Task Force.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall convene a task force to develop
voluntary standards and best practices relating to suspected
violations of sections 46318, 46503, and 46504 of title 49,
United States Code, including--
(A) proper and consistent incident documentation
and reporting techniques;
(B) best practices for flight crew and cabin crew
response, including de-escalation;
(C) improved coordination between stakeholders,
including flight crew and cabin crew, airport staff,
other Federal agencies as appropriate, and law
enforcement; and
(D) appropriate enforcement actions.
(2) Membership.--The task force convened under paragraph
(1) shall be comprised representatives of--
(A) air carriers;
(B) airport sponsors and airport law enforcement
agencies;
(C) other Federal agencies determined necessary by
the Administrator;
(D) labor organizations representing air carrier
pilots;
(E) labor organizations representing flight
attendants; and
(F) labor organizations representing ticketing,
check-in, or other customer service representatives
employed by air carriers.
(b) Announcements.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall initiate such actions as
may be necessary to include in the briefing of passengers before
takeoff required under section 121.571 of title 14, Code of Federal
Regulations, a statement informing passengers that it is against
Federal law to assault or threaten to assault any individual on an
aircraft or interfere with the duties of a crewmember.
(c) Definitions.--For purposes of this section, the definitions in
section 40102(a) of title 49, United States Code, shall apply to terms
in this section.
SEC. 539. CABIN TEMPERATURE STANDARDS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall review existing standards produced by recognized
industry standards organizations on safe air temperatures and humidity
levels in enclosed environments, including onboard aircraft, and
determine the validity of such standards, including the American
Society of Heating, Refrigerating and Air-Conditioning Engineers (in
this section referred to as ``ASHRAE'') standards titled ``Air Quality
within Commercial Aircraft'' (ASHRAE Guideline 28-2021) and ``Thermal
Environmental Conditions for Human Occupancy'' (ASHRAE Standard 55-
2020).
(b) Consultation.--In conducting the review under subsection (a),
the Administrator shall consult with--
(1) certificate holders under part 121 of title 14, Code of
Federal Regulations;
(2) certified labor representatives of flight attendants,
pilots, and other crewmembers;
(3) relevant Federal agencies; and
(4) other relevant stakeholders, as appropriate.
(c) Academic Study.--In the event that the Administrator
determines, through the review carried out under subsection (a), that
there is not an appropriate standard to determine unsafe temperatures
onboard aircraft operated under part 121 of title 14, Code of Federal
Regulations, the Administrator shall enter into an appropriate
agreement with the National Academies to--
(1) conduct a study of unsafe aircraft cabin temperatures
and aircraft conditions that contribute to such temperatures;
and
(2) provide recommendations for air carriers and aircraft
manufacturers to improve the management of temperature and
related factors onboard aircraft.
(d) Reports.--
(1) FAA.--Not later than 3 months after completing the
review required under subsection (a), the Administrator shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
findings and determination of the review.
(2) National academies.--If a report is produced under
subsection (c), not later than 1 month after receiving such
report the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate such report.
SEC. 540. CABIN AIR QUALITY.
(a) Reporting of Smoke or Fume Events Onboard Commercial
Aircraft.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a standardized system for
a flight attendants, pilots, and aircraft maintenance
technicians of air carriers to voluntarily report fume events
onboard passenger-carrying aircraft operating under part 121 of
title 14, Code of Federal Regulations.
(2) Information submission.--The system developed under
paragraph (1) shall include a method of submission, which shall
request at least the following information:
(A) Identification of the flight number, type, and
registration of the aircraft.
(B) The date of the reported fume event onboard the
aircraft.
(C) Description of smoke or fume in the aircraft,
including the nature, intensity, and visual consistency
or smell (if any).
(D) The location of the smoke or fumes in the
aircraft.
(E) The source (if discernible) of the smoke or
fumes in the aircraft.
(F) The phase of flight during which smoke or fumes
first became present.
(G) The duration of the fume event.
(H) Any required onboard medical attention for
passengers or crew members.
(I) Any additional factors as determined
appropriate by the Administrator or crew member
submitting a report.
(3) Guidelines for submission.--The Administrator shall
issue guidelines on how to submit the information described in
paragraph (2).
(4) Confirmation of submission.--Upon submitting the
information described in paragraph (2), the submitting party
shall receive a duplicate record of the submission and
confirmation of receipt.
(5) Use of information.--The Administrator--
(A) may not publish any information submitted under
this section;
(B) shall maintain a database of such information;
(C) at the request of an air carrier, shall provide
to such air carrier any information submitted under
this section that is relevant to such air carrier,
except any information that may be used to identify the
party submitting such information;
(D) may not, without validation, assume that
information submitted under this section is accurate
for the purposes of initiating rulemaking or taking an
enforcement action;
(E) may use information submitted under this
section to inform the oversight of the safety
management system of an air carrier; and
(F) may use information submitted under this
section for the purpose of performing a study or
supporting a study sponsored by the Administrator.
(b) Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to enter into the
appropriate arrangements with the National Academies to conduct
a study and issue recommendations to be made publicly available
pertaining to cabin air quality and any risk of, and potential
for, persistent and accidental fume events onboard a passenger-
carrying aircraft operating under part 121 of title 14, Code of
Federal Regulations.
(2) Scope.--In carrying out a study pursuant to paragraph
(1), the National Academies shall examine--
(A) the information collected pursuant to
subsection (a);
(B) the report issued pursuant to section 326 of
the FAA Reauthorization Act of 2018 (49 U.S.C. 40101
note) and any identified assumptions or gaps described
in such report;
(C) any health risks or impacts of fume events on
flight crews, including flight attendants and pilots,
and passengers onboard aircraft operating under part
121 of title 14, Code of Federal Regulations;
(D) instances of persistent or regularly occurring
(as determined by the National Academies) fume events
in such aircraft;
(E) instances of accidental, unexpected, or
irregularly occurring (as determined by the National
Academies) fume events on such aircraft, including
whether such accidental events are more frequent during
various phases of operations, including ground
operations, taxiing, take off, cruise, and landing;
(F) the likely originating material of, and the air
contaminants present during, the situations described
in subparagraphs (D) and (E);
(G) the frequencies, durations, and likely causes
of the situations described in subparagraphs (D) and
(E); and
(H) any additional data on fume events as
determined appropriate by the National Academies.
(3) Recommendations.--The National Academies shall provide
recommendations based on the study conducted under paragraph
(1)--
(A) that shall, at minimum, address how to--
(i) improve overall cabin air quality of
passenger-carrying aircraft;
(ii) improve the detection, accuracy, and
reporting of fume events; and
(iii) reduce the frequency and impact of
fume events; and
(B) for any updates to standards, guidelines, or
regulations that could help achieve the recommendations
described in subparagraph (A).
(4) Report to congress.--Not later than 1 month after the
completion of the study conducted under paragraph (1), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a copy of such study.
(c) Fume Event Defined.--In this section, the term ``fume event''
means the presence of fumes in the cabin, including smoke.
SEC. 541. EVACUATION STANDARDS FOR TRANSPORT CATEGORY AIRPLANES.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall task the Aviation Rulemaking Advisory Committee
with reviewing and proposing updates to the evacuation requirements
under section 25.803 of title 14, Code of Federal Regulations, and
appendix J to part 25 of such title.
(b) Considerations.--In tasking the Aviation Rulemaking Advisory
Committee under subsection (a), the Administrator shall, at a minimum,
task the Committee to--
(1) evaluate whether the representative passenger loads,
prescribed in regulation on the date of enactment of this Act,
represent a realistic composition of passengers on an aircraft
operated under part 121 of title 14, Code of Federal
Regulations, including accounting for--
(A) children, including infants;
(B) passengers who do not speak English;
(C) passengers with disabilities; and
(D) service animals (as such term is defined in
section 35.104 and 36.104 of title 28, Code of Federal
Regulations, or successor regulations); and
(2) determine if there are technologies or techniques that
can be used to more accurately represent categories of
passengers who are unable to provide consent during evacuation
testing, but should be simulated in such testing;
(3) evaluate whether the requirements prescribed in
regulation on the date of enactment of this Act adequately
consider the varying sizes, weight, and matter or baggage
present in an aircraft cabin; and
(4) determine whether the evacuation testing performed,
associated with section 25.803 of title 14, Code of Federal
Regulations, considers the seat size, seat pitch, seating
layout, aisle width, and aisle layout of the aircraft type
being tested.
(c) Consultation.--In tasking the Aviation Rulemaking Advisory
Committee under subsection (a), the Administrator shall allow such
Committee to consult with the National Transportation Safety Board,
transport category aircraft manufacturers, air carriers certificated
under part 121 of title 14, Code of Federal Regulations, crew members
of such air carriers, emergency responders, groups representing
passengers and passengers with disabilities, and other relevant
experts.
(d) Rulemaking.--Not later than 18 months after receiving such
recommendations to update section 25.803 of title 14, Code of Federal
Regulations, and appendix J to part 25 of such title, the Administrator
shall issue a final rulemaking based on the recommendations provided by
the aviation rulemaking advisory committee tasked under this section,
as necessary.
(e) Passenger With Disabilities.--In this section, the term
``passenger with disabilities'' means any qualified individual with a
disability, as such term is defined in section 382.3 of title 14, Code
of Federal Regulations, or successor regulations.
SEC. 542. LITHIUM-ION POWERED WHEELCHAIRS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall task the Air Carrier
Access Act Advisory Committee (in this section referred to as the
``Committee'') to conduct a review of regulations regarding lithium-ion
battery powered wheelchairs and mobility aids and provide
recommendations to the Secretary to ensure safe transport of such
wheelchairs and mobility aids in air transportation.
(b) Considerations.--In conducting the review required under
subsection (a), the Committee shall consider the following:
(1) Any existing or necessary standards for lithium-ion
batteries, including casings or other similar components, in
such wheelchairs and mobility aids.
(2) The availability of necessary containment or storage
devices, including fire containment covers or fire-resistant
storage containers, for such wheelchairs and mobility aids.
(3) The policies of each air carrier (as such term is
defined in part 121 of title 14, Code of Federal Regulations)
pertaining to lithium-ion battery powered wheelchairs and
mobility aids (as in effect on the date of enactment of this
Act).
(4) Any other considerations the Secretary determines
appropriate.
(c) Consultation Requirement.--In conducting the review required
under subsection (a), the Committee shall consult with the
Administrator of the Pipeline and Hazardous Materials Safety
Administration.
(d) Notification.--
(1) In general.--Upon completion of the review conducted
under subsection (a), the Committee shall notify the Secretary
if an air carrier does not have a policy pertaining to lithium-
ion battery powered wheelchairs and mobility aids in effect.
(2) Notification.--The Secretary shall notify an air
carrier described in paragraph (1) of the status of such air
carrier.
(e) Report to Congress.--Not later than 90 days after submission of
the recommendations to the Secretary, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate any recommendations under subsection (a),
in the form of a report.
(f) Publication.--The Secretary shall publish the report required
under subsection (e) on the public website of the Department of
Transportation.
SEC. 543. NATIONAL SIMULATOR PROGRAM POLICIES AND GUIDANCE.
(a) Review.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Federal Aviation Administration
shall review relevant policies and guidance, including all advisory
circulars, information bulletins, and directives, pertaining to part 60
of title 14, Code of Federal Regulations.
(b) Updates.--Upon completion of the review required under
subsection (a), the Administrator shall, at a minimum, update the
following:
(1) Advisory Circular 120-40B, issued July 29, 1991.
(2) Advisory Circular 120-45A, issued February 5, 1992.
(3) Advisory Circular 120-50A, issued February 9, 1996.
(4) Advisory Circular 120-63, issued October 11, 1994.
(c) Consultation.--In carrying out the review required under
subsection (a), the Administrator shall convene and consult with
entities required to comply with part 60 of title 14, Code of Federal
Regulations, including representatives of--
(1) air carriers;
(2) flight schools certificated under part 141 of title 14,
Code of Federal Regulations;
(3) training centers certificated under part 142 of title
14, Code of Federal Regulations; and
(4) manufacturers and suppliers of flight simulation
training devices (as defined in part 1 of title 14, Code of
Federal Regulations, and Appendix F to part 60 of such title).
SEC. 544. GAO STUDY ON FAA NATIONAL SIMULATOR PROGRAM.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study into the National Simulator Program of the
Federal Aviation Administration that is part of the Air Transportation
Division's Training and Simulation Group.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall, at a minimum, assesses--
(1) how the program described under subsection (a), is
maintained to reflect and account for advancement in
technologies pertaining to flight simulation training devices
(as defined in part 1 of title 14, Code of Federal Regulations,
and appendix F to part 60 of such title);
(2) the staffing levels, critical competencies, and skills
gaps of Administration personnel responsible for carrying out
and supporting the program described in subsection (a); and
(3) how the program described in subsection (a) engages air
carriers and relevant industry stakeholders, including flight
schools, to ensure efficient compliance with part 60 of such
title.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the findings of the study conducted under subsection (a).
SEC. 545. GAO STUDY ON FAA ALIGNMENT WITH BEST AVAILABLE TECHNOLOGIES
AND STANDARDS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the incorporation of best available technologies by
the Federal Aviation Administration to increase aviation safety and
improve the health and safety of aviation workers.
(b) Scope.--In conducting the study under subsection (a), the
Comptroller General shall--
(1) analyze the degree to which the Administrator of the
Federal Aviation Administration is enabling the use or adoption
of technologies used by other air navigation service providers
to meet ICAO standards; and
(2) identify any barriers to adoption of such technologies.
(c) Report.--Not later than 4 years after the date of enactment of
this Act, the Comptroller General shall report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the findings of the study.
(d) ICAO Defined.--In this section, the term ``ICAO'' means the
International Civil Aviation Organization.
SEC. 546. INCREMENTAL SAFETY IMPROVEMENT.
Section 44704 of title 49, United States Code, is amended by adding
at the end the following:
``(h) Incremental Safety Improvement.--
``(1) In general.--The Administrator may consider and
approve a proposed incremental design change request from a
type certificate holder, if such holder is required by the
Administrator to make a safety-related design change to bring a
product into compliance, even if the proposed incremental
design change does not eliminate all noncompliant conditions.
``(2) Proposed incremental design change.--A proposed
incremental design change under paragraph (1) shall--
``(A) be related to the required safety-related
design change described in this subsection;
``(B) improve the overall safety of the aircraft;
``(C) not decrease the level of safety of other
components or systems on the aircraft;
``(D) be in the public interest;
``(E) not include any substantial changes;
``(F) be recorded on a type certificate data sheet
or other public instrument that notifies the public of
such design changes; and
``(G) be considered through a process that applies
appropriate requirements as determined by the
Administrator.
``(3) Full compliance.--An approval issued under this
subsection shall not be construed to relieve a type certificate
holder from addressing all noncompliant conditions under
paragraph (1).
``(4) Deadline.--In issuing an approval under this
subsection, the Administrator shall impose a deadline by which
all non-compliant conditions related to the design change shall
be addressed.
``(5) Safety-related design change defined.--In this
subsection, the term `safety-related design change' means a
design change that has any effect on the safety of the
aircraft.''.
SEC. 547. VOLUNTARY REPORTING PROTECTIONS.
(a) In General.--Section 40123(a) of title 49, United States Code,
is amended in the matter preceding paragraph (1) by inserting ``or
third party'' after ``nor any agency''.
(b) Protected Information.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall promulgate regulations to amend part 193 of title
14, Code of Federal Regulations, to designate and protect from
disclosure information or data submitted, collected, or contained by
the Administrator under voluntary safety programs, including the
following:
(1) Aviation Safety Action Program.
(2) Flight Operational Quality Assurance.
(3) Line Operations Safety Assessments.
(4) Air Traffic Safety Action Program.
(5) Technical Operations Safety Action Program.
(6) Such other voluntarily submitted information or
programs as the Administrator determines appropriate.
SEC. 548. PROVIDING NON-FEDERAL WEATHER OBSERVER TRAINING TO AIRPORT
PERSONNEL.
The Administrator of the Federal Aviation Administration shall take
such actions as are necessary to provide training that is easily
accessible and streamlined for airport personnel to become certified as
non-Federal weather observers so that such personnel can manually
provide weather observations when automated surface observing systems
and automated weather observing systems experience outages and errors
in order to ensure operational safety at airports.
Subtitle B--Aviation Cybersecurity
SEC. 571. FINDINGS.
Congress finds the following:
(1) Congress has repeatedly tasked the Federal Aviation
Administration with responsibility for securing the national
airspace system, including the air traffic control system and
other air navigation services, civil aircraft, and aeronautical
products and articles through safety regulation and oversight.
These mandates have routinely included protecting against
associated cyber threats affecting aviation safety or the
Administration's provision of safe, secure, and efficient air
navigation services and airspace management.
(2) In 2016, Congress passed the FAA Extension, Safety, and
Security Act of 2016, which established requirements for the
Federal Aviation Administration to enhance the national
airspace system's cybersecurity and included mandates for the
Administration to--
(A) develop a cybersecurity strategic plan;
(B) coordinate with other Federal agencies to
identify cyber vulnerabilities;
(C) develop a cyber threat model; and
(D) complete a comprehensive, strategic policy
framework to identify and mitigate cybersecurity risks
to the air traffic control system.
(3) In 2018, Congress passed the FAA Reauthorization Act of
2018 which--
(A) authorized funding for the construction of
Federal Aviation Administration facilities dedicated to
improving the cybersecurity of the national airspace
system;
(B) required the Federal Aviation Administration to
review and update its comprehensive, strategic policy
framework for cybersecurity to assess the degree to
which the framework identifies and addresses known
cybersecurity risks associated with the aviation
system, and evaluate existing short- and long-term
objectives for addressing cybersecurity risks to the
national airspace system;
(C) created a Chief Technology Officer position
within the Federal Aviation Administration to be
responsible for, among other things, coordinating the
implementation, operation, maintenance, and
cybersecurity of technology programs relating to the
air traffic control system with the aviation industry
and other Federal agencies; and
(D) directed the National Academy of Sciences to
study the cybersecurity workforce of the Federal
Aviation Administration in order to develop
recommendations to increase the size, quality, and
diversity of such workforce.
(4) Congress has tasked the Federal Aviation Administration
with being the primary Federal agency to assess and address the
threats posed from cyber incidents relating to Federal Aviation
Administration-provided air traffic control and air navigation
services and the threats posed from cyber incidents relating to
civil aircraft, aeronautical products and articles, aviation
networks, aviation systems, services, and operations, and the
aerospace industry affecting aviation safety or the provision
of safe, secure, and efficient air navigation services and
airspace management by the Administration.
(5) Since 2005, the Federal Aviation Administration has
been addressing cyber vulnerabilities in civil aircraft and
aeronautical products and articles during the safety
certification process.
SEC. 572. AEROSPACE PRODUCT SAFETY.
(a) Cybersecurity Standards.--Section 44701(a) of title 49, United
States Code, is amended--
(1) in paragraph (1) by inserting ``cybersecurity,'' after
``quality of work,''; and
(2) in paragraph (5)--
(A) by inserting ``cybersecurity and'' after
``standards for''; and
(B) by striking ``procedure'' and inserting
``procedures''.
(b) Exclusive Rulemaking Authority.--Section 44701 of title 49,
United States Code, is amended by adding at the end the following:
``(h) Exclusive Rulemaking Authority.--Notwithstanding any other
provision of law and except as provided in section 40132, the
Administrator, in consultation with the heads of such other agencies as
the Administrator determines necessary, shall have exclusive authority
to prescribe regulations for purposes of assuring civil aircraft,
including unmanned aircraft systems, aircraft engine, propeller, and
appliance cybersecurity.''.
SEC. 573. FEDERAL AVIATION ADMINISTRATION REGULATIONS, POLICY, AND
GUIDANCE.
(a) In General.--Chapter 401 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 40132. National airspace system cyber threat management process
``(a) Establishment.--The Administrator of the Federal Aviation
Administration, in consultation with other agencies as the
Administrator determines necessary, shall establish a national airspace
system cyber threat management process to protect the national airspace
system cyber environment, including the safety, security, and
efficiency of the air navigation services provided by the
Administration.
``(b) Issues To Be Addressed.--In establishing the national
airspace system cyber threat management process under subsection (a),
the Administrator shall, at a minimum--
``(1) monitor the national airspace system for
cybersecurity incidents;
``(2) in consultation with appropriate Federal agencies,
evaluate the cyber threat landscape for the national airspace
system, including updating such evaluation on both annual and
threat-based timelines;
``(3) conduct national airspace system cyber incident
analyses;
``(4) create a cyber common operating picture for the
national airspace system cyber environment;
``(5) coordinate national airspace system cyber incident
responses with other appropriate Federal agencies;
``(6) track cyber incident detection, response, mitigation
implementation, recovery, and closure;
``(7) establish a process, or utilize existing processes,
to collect relevant interagency and stakeholder national
airspace system cyber incident data, including data from other
Federal agencies and private persons;
``(8) conduct a review of potential vulnerabilities in
inflight Wi-Fi service that may put the data of passengers at
risk; and
``(9) consider any other matter the Administrator
determines appropriate.
``(c) Definitions.--In this section:
``(1) Cyber common operating picture.--The term `cyber
common operating picture' means the correlation of a detected
cyber incident or cyber threat in the national airspace system
and other operational anomalies to provide a holistic view of
potential cause and impact.
``(2) Cyber environment.--The term `cyber environment'
means the information environment consisting of the
interdependent networks of information technology
infrastructures and resident data, including the internet,
telecommunications networks, computer systems, and embedded
processors and controllers.
``(3) Cyber incident.--The term `cyber incident' means an
action that creates noticeable degradation, disruption, or
destruction to the cyber environment and causes a safety or
other negative impact on operations of--
``(A) the national airspace system;
``(B) civil aircraft; or
``(C) aeronautical products and articles.
``(4) Cyber threat.--The term `cyber threat' means the
threat of an action that, if carried out, would constitute a
cyber incident or an electronic attack.
``(5) Electronic attack.--The term `electronic attack'
means the use of electromagnetic spectrum energy to impede
operations in the cyber environment, including through
techniques such as jamming or spoofing.''.
(b) Clerical Amendment.--The analysis for chapter 401 of title 49,
United States Code, is further amended by adding at the end the
following:
``40132. National airspace system cyber threat management process.''.
SEC. 574. CIVIL AVIATION CYBERSECURITY RULEMAKING COMMITTEE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall convene an aviation rulemaking committee on civil aircraft
cybersecurity to conduct a review and develop findings and
recommendations on cybersecurity standards for civil aircraft, aircraft
ground support information systems, airports, air traffic control
mission systems, and aeronautical products and articles.
(b) Duties.--The Administrator shall--
(1) not later than 2 years after the date of enactment of
this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report based on the findings of the aviation
rulemaking committee convened under subsection (a); and
(2) not later than 180 days after the date of submission of
the report under paragraph (1) and, in consultation with other
agencies as the Administrator determines necessary, for
consensus recommendations reached by such aviation rulemaking
committee--
(A) undertake a rulemaking, if appropriate, based
on such recommendations; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a supplemental report with explanations for
each consensus recommendation not addressed, if
applicable, by a rulemaking under subparagraph (A).
(c) Composition.--The aviation rulemaking committee convened under
subsection (a) shall consist of members appointed by the Administrator,
including representatives of--
(1) aircraft manufacturers, to include at least 1
manufacturer of transport category aircraft;
(2) air carriers;
(3) unmanned aircraft system stakeholders, including
operators, service suppliers, and manufacturers of hardware
components and software applications;
(4) manufacturers of powered-lift aircraft;
(5) airports;
(6) original equipment manufacturers of ground and space
based aviation infrastructure;
(7) aviation safety experts with specific knowledge of
aircraft cybersecurity; and
(8) a non-profit which operates 1 or more federally funded
research and development centers with specific knowledge of
aviation and cybersecurity.
(d) Member Eligibility.--Prior to a member's appointment under
subsection (c), the Administrator shall determine if there is cause for
such member to be restricted from possessing sensitive security
information. Upon a determination of no cause being found regarding the
member, and upon the member voluntarily signing a nondisclosure
agreement, the member may be granted access to sensitive security
information that is relevant to the member's duties on the aviation
rulemaking committee. The member shall protect the sensitive security
information in accordance with part 1520 of title 49, Code of Federal
Regulations.
(e) Prohibition on Compensation.--The members of the aviation
rulemaking committee convened under subsection (a) shall not receive
pay, allowances, or benefits from the Government by reason of their
service on such committee.
(f) Considerations.--The Administrator shall direct such committee
to consider--
(1) existing cybersecurity standards, regulations,
policies, and guidance, including those from other Federal
agencies;
(2) threat- and risk-based security approaches used by the
aviation industry, including the assessment of the potential
costs and benefits of cybersecurity actions;
(3) data gathered from cybersecurity reporting;
(4) data gathered from safety reporting;
(5) the diversity of operations and systems on aircraft and
amongst air carriers;
(6) security of design data;
(7) the need to harmonize or deconflict proposed and
existing standards, regulations, policies, and guidance with
other Federal standards, regulations, policies, and guidance;
(8) design approval holder aircraft network security
guidance for operators;
(9) the need for such standards, regulations, policies, and
guidance as applied to civil aircraft information, data,
networks, systems, services, operations, and technology;
(10) Federal Aviation Administration services, aviation
industry services, and aircraft use of positioning, navigation,
and timing data in the context of Executive Order No. 13905, as
in effect on the date of enactment of this Act;
(11) updates needed to airworthiness regulations and
systems safety assessment methods used to show compliance with
airworthiness requirements for design, function, installation,
and certification of civil aircraft, aeronautical products and
articles, and aircraft networks;
(12) updates needed to air carrier operating and
maintenance regulations to ensure continued adherence with
processes and procedures established in airworthiness
regulations to provide cybersecurity protections for aircraft
systems, including for continued airworthiness;
(13) policies and procedures to coordinate with other
Federal agencies, including intelligence agencies, and the
aviation industry in sharing information and analyses related
to cyber threats to civil aircraft information, data, networks,
systems, services, operations, and technology and aeronautical
products and articles;
(14) the response of the Administrator and aviation
industry to, and recovery from, cyber incidents, including by
coordinating with other Federal agencies, including
intelligence agencies;
(15) processes for members of the aviation industry to
voluntarily report to the Federal Aviation Administration cyber
incidents that may affect aviation safety in a manner that
protects trade secrets and confidential business information;
(16) the unique nature of the aviation industry, including
aircraft networks, aircraft systems, and aeronautical products,
and the interconnectedness of cybersecurity and aviation
safety;
(17) appropriate cybersecurity controls for aircraft
networks, aircraft systems, and aeronautical products and
articles to protect aviation safety, including airworthiness;
(18) appropriate cybersecurity controls for airports
relative to the size and nature of airside operations of such
airports to ensure aviation safety;
(19) minimum standards for protecting civil aircraft,
aeronautical products and articles, aviation networks, aviation
systems, services, and operations from cyber threats and cyber
incidents;
(20) international collaboration, where appropriate and
consistent with the interests of aviation safety in air
commerce and national security, with other civil aviation
authorities, international aviation and standards
organizations, and any other appropriate entities to protect
civil aviation from cyber incidents and cyber threats;
(21) the recommendations and implementation of the Aircraft
System Information Security/Protection report of the aviation
rulemaking advisory committee submitted on August 22, 2016; and
(22) any other matter the Administrator determines
appropriate.
(g) Definitions.--The definitions set forth in section 40132 of
title 49, United States Code (as added by this subtitle), shall apply
to this section.
TITLE VI--AEROSPACE INNOVATION
Subtitle A--Unmanned Aircraft Systems
SEC. 601. DEFINITIONS.
(a) Definition.--Section 44801(1) of title 49, United States Code,
is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) is able to maintain safe flight control in
the event of a power or flight control failure during
flight; and
``(E) is programmed to initiate a controlled
landing in the event of a tether separation.''.
SEC. 602. UNMANNED AIRCRAFT SYSTEM TEST RANGES.
(a) In General.--Section 44803 of title 49, United States Code, is
amended to read as follows:
``Sec. 44803. Unmanned aircraft system test ranges
``(a) In General.--The Administrator of the Federal Aviation
Administration shall carry out and update, as appropriate, a program to
enable a broad variety of testing and evaluation activities at unmanned
aircraft system test ranges, as in effect on the day before the date of
enactment of the Securing Growth and Robust Leadership in American
Aviation Act, to the extent consistent with aviation safety and
efficiency, and for purposes of the safe integration of unmanned
aircraft systems into the national airspace system.
``(b) Airspace Requirements.--In carrying out the program under
subsection (a)--
``(1) the Administrator may establish nonregulatory special
use airspace areas upon the request of a test range sponsor
selected by the Administrator under subsection (a), for
purposes of accommodating hazardous testing and evaluation
activities to inform the safe integration of unmanned aircraft
systems into the national airspace system, or for purposes of
other activities authorized by the Administrator under
subsection (g);
``(2) each selected test range sponsor for a designated
test range shall be considered the using agency for purposes of
the respective nonregulatory special use airspace areas
established by the Administrator under this section; and
``(3) the Administrator may require that each selected test
range sponsor for a designated test range 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 of the Administrator, with respect to
any request for the establishment of a nonregulatory special
use airspace area under this section.
``(c) Program Requirement.--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,
other Federal agencies, as the Administrator considers
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 continued development of standards for integration into the
national airspace system;
``(5) shall engage test range sponsors, as necessary and
within available resources, in projects for testing and
evaluation of flight systems to facilitate the validation of
standards by the Administration 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 regarding any hazards or
limitations on flight, including prohibitions on
flight;
``(C) sense and avoid capabilities;
``(D) technology to support communications,
navigation, and surveillance;
``(E) unmanned aircraft system operations beyond
visual line of sight, at nighttime, or over people;
``(F) operation of multiple unmanned aircraft
systems by a single remote pilot;
``(G) unmanned aircraft systems traffic management
capabilities or services;
``(H) counter unmanned aircraft system
capabilities;
``(I) improving privacy protections through the use
of advances in unmanned aircraft systems; and
``(J) other critical priority areas for which
testing and evaluation is needed.
``(6) shall coordinate periodically with all test range
sponsors to ensure test range sponsors know which data should
be collected, how data can be de-identified to flow more
readily to the Administration, what procedures should be
followed, and what testing and evaluations 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, other than from the Federal Aviation Administration,
including in-kind contributions, from test range participants
in the furtherance of testing and evaluation objectives.
``(d) Exemption.--Except as provided in subsection (g), the
requirements of section 44711, including related implementing
regulations, shall not apply to persons approved by the test range
sponsor for operation at a designated test range under this section.
``(e) Responsibilities of Test Range Sponsor.--The sponsor of each
test range under subsection (a) shall--
``(1) provide access to all interested private and public
entities seeking to carry out testing and evaluation activities
at the test range designated pursuant to this section, to the
greatest extent practicable, consistent with safety and any
operating procedures established by the test range sponsor,
including access by small business concerns (as that term is
described in section 3(a) of the Small Business Act (15 U.S.C.
632(a));
``(2) ensure all activities remain within the geographical
boundaries and altitude limitations established for the
nonregulatory special use airspace area covering the test
range;
``(3) ensure no activity is conducted at the designated
test range in a careless or reckless manner;
``(4) establish safe operating procedures for all operators
approved for activities at the test range, including provisions
for maintaining operational control and ensuring protection of
persons and property on the ground, subject to approval by the
Administrator;
``(5) exercise direct oversight of all operations conducted
at the test range;
``(6) consult with the Administrator on the nature of
planned activities at the test range and whether temporary
segregation through the use of a nonregulatory special use
airspace area is required to contain such activities is
consistent with aviation safety;
``(7) protect proprietary technology, sensitive data, or
sensitive research of any civil or private entity when using
the test range;
``(8) maintain detailed records of all ongoing and
completed testing and evaluation activities conducted at the
test range and all operators conducting such activities, for
inspection by, and reporting to, the Administrator, as required
by agreement between the Administrator and the test range
sponsor;
``(9) make all original records available for inspection
upon request by the Administrator; and
``(10) provide recommendations to the Administrator to
further enable public and private testing and evaluation
activities at the test ranges that contribute to the safe
integration of unmanned aircraft systems by the Administration
into the national airspace system, on a quarterly basis until
the program terminates.
``(f) Testing.--
``(1) In general.--The Administrator may authorize a
sponsor of a test range designated under subsection (a) to host
testing and evaluation activities other than those directly
related to the integration of unmanned aircraft systems into
the national airspace system, provided that the activity is
necessary to inform the development of standards or policy for
integrating new types of flight systems into the national
airspace system.
``(2) Waiver.--In carrying out this subsection, the
Administrator may waive the requirements of section 44711,
including related regulations, to the extent consistent with
aviation safety.
``(g) Agreements.--The Administrator may use the transaction
authority under section 106(l)(6) to enter into appropriate agreements
to direct testing and evaluation activities related to unmanned
aircraft systems at any test range designated under subsection (a).
``(h) 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'' and
all that follows through ``January 1, 2009'' and inserting ``the test
ranges established by the Administrator under section 44803''.
SEC. 603. UNMANNED AIRCRAFT IN THE ARCTIC.
(a) In General.--Section 44804 of title 49, United States Code, is
amended--
(1) in section heading by striking ``Small unmanned'' and
inserting ``Unmanned''; and
(2) by striking ``small'' each place it appears.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, is amended by striking the item relating to section
44804 and insert the following:
``44804. Unmanned aircraft in the Arctic.''.
SEC. 604. PUBLIC SAFETY USE OF TETHERED UAS.
(a) In General.--Section 44806 of title 49, United States Code, is
amended--
(1) in the section heading by inserting ``and public safety
use of unmanned aircraft systems'' after ``systems'';
(2) in subsection (c)--
(A) in the subsection heading by inserting ``Safety
Use of'' after ``Public''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``Not later than
180 days after the date of enactment of
this Act, the'' and inserting ``The'';
(II) by striking ``permit the use
of'' and inserting ``permit'';
(III) by striking ``public''; and
(IV) by inserting ``by a public
safety organization for such systems''
after ``systems'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) operated--
``(i) at or below an altitude of 150 feet
above ground level within class B, C, D, E, or
G airspace, but not at a greater altitude than
the ceiling depicted on the UAS facility maps
published by the Federal Aviation
Administration, where applicable;
``(ii) within zero-grid airspaces as
depicted on such UAS facility maps, only if
operated in life-saving or emergency situations
and with prior notification to the
Administration in a manner determined by the
Administrator; or
``(iii) above 150 feet above ground level
within class B, C, D, E, or G airspace only
with prior authorization from the
Administrator;'';
(iii) by striking subparagraph (B); and
(iv) by redesignating subparagraphs (C),
(D), and (E) as subparagraphs (B), (C), and
(D), respectively; and
(C) in paragraph (3) by striking ``Public
actively'' and inserting ``Actively''; and
(3) by adding at the end, the following:
``(e) Definition.--In this section, the term `public safety
organization' means an entity that primarily engages in activities
related to the safety and well-being of the general public, including
law enforcement, fire departments, emergency medical services, and
other organizations that protect and serve the public in matters of
safety and security.''.
(b) Clerical Amendment.--The analysis for chapter 448 of title 49,
United States Code, is amended by striking the item relating to section
44806 and inserting the following:
``44806. Public unmanned aircraft systems and public safety use of
unmanned aircraft systems.''.
SEC. 605. SPECIAL AUTHORITY FOR UNMANNED AIRCRAFT SYSTEMS.
Section 44807 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or chapter 447'' after ``this
chapter'';
(B) by striking ``the Secretary of Transportation''
and inserting ``the Administrator of the Federal
Aviation Administration''; and
(C) by striking ``if certain'' and inserting
``how'';
(2) in subsection (b)--
(A) by striking ``the Secretary'' and inserting
``the Administrator''; and
(B) in paragraph (1)--
(i) by striking ``which types of unmanned
aircraft systems, if any, as a result of their
size'' and inserting ``how the unmanned
aircraft, as a result of such aircraft's
size''; and
(ii) by striking ``do not create'' and
inserting ``does not create'';
(3) in subsection (c) to read as follows:
``(c) Requirements for Safe Operation.--
``(1) In general.--For unmanned aircraft systems that the
Administrator determines under this section may operate safely
in the national airspace system, the Administrator shall
establish risk-based requirements, or a process to accept risk-
based proposed requirements, for the safe operation of such
aircraft systems in the national airspace system, including
operation related to testing and evaluation of proprietary
systems.
``(2) Treatment of mitigation measures.--To the extent that
a proposed operation will be conducted exclusively within the
airspace of a Mode C Veil during the entirety of the operation,
such operation shall be treated as satisfying the requirements
of section 91.113(b) of title 14, Code of Federal Regulations,
so long as the operation employs--
``(A) ADS-B In-based detect and avoid capabilities;
``(B) air traffic control communication and
coordination; and
``(C) aeronautical information management systems
to notify other aircraft operators of such operations.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to give an unmanned aircraft operating
pursuant to this section the right of way over a manned
aircraft.'';
(4) in subsection (d) by striking ``2023'' and inserting
``2033''; and
(5) by adding at the end the following:
``(e) Limitation.--In making determinations under this section, the
Administrator may not consider unmanned aircraft systems to the extent
that such systems may meet the requirements of established regulations
applicable to the proposed operation of a system.
``(f) Exemption.--The Administrator may exercise the authorities
described in this section without requiring a rulemaking or imposing
the requirements of part 11 of title 14, Code of Federal Regulations,
to the extent consistent with aviation safety.''.
SEC. 606. RECREATIONAL OPERATIONS OF DRONE SYSTEMS.
(a) Specified Exception for Limited Recreational Operations of
Unmanned Aircraft.--Section 44809 of title 49, United States Code, is
amended--
(1) in subsection (a) by striking paragraph (6) and
inserting the following:
``(6) Except for circumstances when the Administrator
establishes alternative altitude ceilings or as otherwise
authorized in section (c), in Class G airspace, the aircraft is
flown from the surface to not more than 400 feet above ground
level and complies with all airspace and flight restrictions
and prohibitions established under this subtitle, such as
special use airspace designations and temporary flight
restrictions.'';
(2) by striking subsection (c) and inserting the following:
``(c) Operations at Fixed Sites.--
``(1) In general.--The Administrator shall establish a
process to approve, and publicly disseminate the location of,
fixed sites at which a person may carry out recreational
unmanned aircraft system operations.
``(2) Operating procedures.--
``(A) Controlled airspace.--Persons operating
unmanned aircraft under paragraph (1) from a fixed site
within Class B, Class C, or Class D airspace or within
the lateral boundaries of the surface area of Class E
airspace designated for an airport, or a community-
based organization sponsoring operations within such
airspace, shall make the location of the fixed site
known to the Administrator and shall establish a
mutually agreed upon operating procedure with the air
traffic control facility.
``(B) Altitude.--The Administrator, in coordination
with community-based organizations sponsoring
operations at fixed sites, shall develop a process to
approve requests for recreational unmanned aircraft
systems operations at fixed sites that exceed the
maximum altitude contained in a UAS Facility Map.
``(C) Class g airspace.--Subject to compliance with
all airspace and flight restrictions and prohibitions
established under this subtitle, such as special use
airspace designations and temporary flight
restrictions, persons operating drones under paragraph
(1) 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.
``(3) Unmanned aircraft weighing 55 pounds or greater.--A
person may operate an unmanned aircraft weighing 55 pounds or
greater, including the weight of anything attached to or
carried by the aircraft, under paragraph (1) if--
``(A) the unmanned aircraft complies with standards
and limitations developed by a community-based
organization and approved by the Administrator; and
``(B) the aircraft is operated from a fixed site as
described in paragraph (1).
``(4) FAA-recognized identification areas.--In implementing
subpart C of part 89 of title 14, Code of Federal Regulations,
the Administrator shall prioritize the review and adjudication
of requests to establish FAA Recognized Identification Areas at
fixed sites established under this section.'';
(3) in subsection (d) by striking the subsection
designation and heading and all that follows through ``(3)
Savings clause.--'' and inserting ``(d) Savings clause.--'';
(4) in subsection (d) by striking ``subsection (a) of'';
(5) in subsection (f)(1) by striking ``updates to'';
(6) by striking subsection (g)(1) and inserting the
following:
``(1) In general.--The Administrator, in consultation with
manufacturers of unmanned aircraft systems, community-based
organizations, and other industry stakeholders, shall develop,
maintain, and update, as necessary, an aeronautical knowledge
and safety test. Such test shall be administered electronically
by the Administrator or a person designated by the
Administrator.''; and
(7) in subsection (h)--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) is recognized by the Administrator of the Federal
Aviation Administration;''.
(b) Use of Unmanned Aircraft Systems for Educational Purposes.--
Section 350 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44809
note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting before paragraph (3) (as so
redesignated) the following:
``(2) operated by an elementary school or secondary school
for educational or research purposes;''; and
(2) in subsection (d)--
(A) in paragraph (2) by inserting ``an elementary
school, or a secondary school,'' after ``with respect
to the operation of an unmanned aircraft system by an
institution of higher education,''; and
(B) by inserting after paragraph (2) the following:
``(3) Elementary school.--The term `elementary school' has
the meaning given to that term by section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(19)).
``(4) Secondary school.--The term `secondary school' has
the meaning given to that term by section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(45)).''.
SEC. 607. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND
ENFORCEMENT.
Section 44810(h) of title 49, United States Code, is amended by
striking ``2023'' and inserting ``2028''.
SEC. 608. APPLICATIONS FOR DESIGNATION.
(a) In General.--Section 44810(c) of title 49, United States Code,
is amended by inserting ``, and any other location the Administrator
determines appropriate'' after ``Data''.
(b) Applications for Designation.--Section 2209 of the FAA
Extension, Safety, and Security Act of 2016 (49 U.S.C. 44802 note) is
further amended--
(1) in subsection (a) by inserting ``, including
temporarily,'' after ``restrict'';
(2) in subsection (b)(1)(C)(iv) by striking ``Other
locations that warrant such restrictions'' and inserting
``State correctional facilities''; and
(3) by adding at the end the following:
``(f) Deadlines.--
``(1) Not later than March 1, 2024, the Administrator shall
publish a notice of proposed rulemaking to carry out the
requirements of this section.
``(2) Not later than 16 months after publishing the notice
of proposed rulemaking under paragraph (1), the Administrator
shall issue a final rule.''.
SEC. 609. BEYOND VISUAL LINE OF SIGHT RULEMAKING.
(a) In General.--Not later than 4 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a notice of proposed rulemaking establishing
performance-based airworthiness criteria and risk-based operational
regulations for unmanned aircraft systems operated beyond visual line
of sight that are intended to operate primarily at or below 400 feet
above ground level.
(b) Contents.--In carrying out subsection (a), the Administrator
shall--
(1) establish a means to accept proposed--
(A) airworthiness standards for unmanned aircraft;
(B) standards for associated elements of unmanned
aircraft; and
(C) qualification standards for remote pilots
operating unmanned aircraft beyond visual line of
sight;
(2) enable the ability for unmanned aircraft to be operated
for agricultural purposes including research;
(3) establish a process by which the Administrator may
approve or accept third party compliance services in support of
the safe integration of unmanned aircraft systems into the
national airspace system;
(4) establish protocols, as appropriate, for networked
information exchange, including network-based remote
identification in support of beyond visual line of sight
operations; and
(5) ensure the safety of manned aircraft operating in the
national airspace system.
(c) Considerations.--In carrying out subsection (a), the
Administrator may leverage previously gathered data, information, and
efforts of the Administration to finalize rulemaking as required under
this section.
(d) Unmanned Aircraft Airworthiness Standards.--In carrying out
subsection (b)(1)(A), the Administrator shall--
(1) define the operational environments for which
airworthiness is needed to ensure aviation safety;
(2) establish an airworthiness category or categories for
unmanned aircraft to be eligible for a special airworthiness
certificate; and
(3) establish a process to approve standards, means of
compliance, and declarations of compliance.
(e) Unmanned Aircraft Associated Elements Standards.--
(1) In general.--In carrying out subsection (b)(1)(B), the
Administrator shall establish a process to accept or approve
the associated elements of an unmanned aircraft that, when
considered collectively with other associated elements and an
unmanned aircraft, meet an acceptable performance-based safety
standard.
(2) Considerations.--In establishing the process under
paragraph (1), the Administrator shall consider the ways
associated elements of an unmanned aircraft system interact
with other associated elements and unmanned aircraft.
(f) Remote Pilot Qualifications.--
(1) In general.--In carrying out subsection (b)(1)(C), the
Administrator shall establish qualifications and standards, or
a means to accept proposed qualifications and standards, for
remote pilots operating unmanned aircraft systems.
(2) Considerations.--In carrying out paragraph (1), the
Administrator shall account for the varying levels of
automation of unmanned aircraft systems.
(3) Rule of construction.--Nothing in this subsection may
be construed to allow for the establishment of type-ratings
that apply specifically and exclusively to an aircraft
manufactured by 1 manufacturer.
(g) Interim Approvals.--Before the date on which the Administrator
issues a final rule under this section, the Administrator shall use the
process described in section 44807 of title 49, United States Code, to
authorize unmanned aircraft system operations conducted beyond visual
line of sight.
(h) Final Rule.--Not later than 16 months after the date of
enactment of this Act, the Administrator shall issue a final rule
establishing the regulations required under this section.
(i) Definitions.--In this section:
(1) Associated elements.--The term ``associated elements''
means any component of an unmanned aircraft system, not
permanently affixed to the unmanned aircraft, required for the
remote pilot to operate such aircraft safely and efficiently in
the national airspace system.
(2) Beyond visual line of sight.--The term ``beyond visual
line of sight'' means a distance at which the remote pilot in
command of an unmanned aircraft system cannot see the unmanned
aircraft with vision unaided by any device other than
corrective lenses.
(3) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have the
meaning given such terms in section 44801 of title 49, United
States Code.
SEC. 610. UAS TRAFFIC MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
may enter into agreements for purposes of--
(1) testing and refining UTM capabilities and services to
inform the development of UTM standards in subsection (b);
(2) authorizing UTM service providers that meet the
requirements described in subsection (b) to provide UTM
services to better enable advanced unmanned aircraft systems
operations, including--
(A) beyond visual line of sight operations;
(B) aircraft-to-aircraft communications; and
(C) operations in which an individual acts as
remote pilot in command of more than 1 unmanned
aircraft at the same time; and
(3) fostering the safe integration of unmanned aircraft
systems using UTM capabilities and services within the national
airspace system.
(b) Standardization.--
(1) In general.--In carrying out subsection (a), the
Administrator shall publish requirements or guidance associated
with UTM, including--
(A) the types of operations requiring, or
benefitting from, the use of UTM capabilities and
services described in subsection (a), including beyond
visual line of sight operations;
(B) areas of operation or categories of airspace
requiring, or benefitting from, the use of UTM
capabilities and services;
(C) performance-based technical standards for UAS
operations using UTM capabilities and services; and
(D) application program interfaces that enable UTM
service suppliers to integrate UTM capabilities and
services into other systems for use by users of the
national airspace system, including unmanned aircraft
system operators.
(2) International harmonization.--In carrying out paragraph
(1), the Administrator shall seek to harmonize, to the extent
practicable and advisable, UTM standards with standards
produced by recognized industry standards organizations or
other peer civil aviation authorities.
(3) Feedback of concept of operations.--Not later than 90
days after the date of enactment of this Act, the Administrator
shall solicit feedback from stakeholders on the most recently
published UTM concept of operations of the Administration.
(4) Finalization of concept of operations.--Not later than
1 year after the date of enactment of this Act, the
Administrator shall publish a final version of the UTM concept
of operations of the Administration.
(c) Stakeholder Partnerships.--In carrying out subsection (a), the
Administrator shall establish a means by which the Administrator can
enter into cooperative agreements, contracts, other transaction
agreements, and other appropriate mechanisms with appropriate persons,
partnerships, and consortia to enable qualified third-parties to
design, build, develop, fund, and manage UTM.
(d) Rules of Construction.--
(1) Beyond visual line of sight operations.--Nothing in
this section shall be construed to prevent or prohibit beyond
visual line of sight operations through the use of technologies
other than UTM capabilities and services.
(2) Airspace.--Nothing in this section shall be construed
to alter the authority under section 40103 of title 49, United
States Code.
(e) Briefing.--Not later than 90 days after the date of enactment
of this Act, and annually thereafter, the Administrator shall brief the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on progress made by the Administration
detailing the implementation and requirements of this section and any
applicable timelines to completion.
(f) Definitions.--In this section:
(1) Appropriate persons.--The term ``appropriate persons''
means a Federal, State, local, Tribal, or territorial
governmental entity, or a person.
(2) UTM.--The term ``UTM'' means the manner in which the
Administration will support operations for unmanned aircraft
systems operating in low-altitude airspace.
SEC. 611. RADAR DATA PILOT PROGRAM.
(a) Sensitive Radar Data Feed Pilot Program.--Not later than 180
days after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration, in coordination with the Secretary of
Defense, and other heads of relevant Federal agencies, shall establish
a pilot program to make airspace data feeds containing classified or
controlled unclassified information available to qualified users, in
conjunction with subsection (b).
(b) Authorization.--In carrying out subsection (a), the
Administrator and the heads of other relevant Federal agencies and in
coordination with the Secretary of Defense, shall establish a process
to authorize qualified entities to receive airspace data feeds
containing classified information related to air traffic within the
national airspace system and use such information in an agreed upon
manner to--
(1) provide--
(A) air traffic management services; and
(B) unmanned aircraft system traffic management
services; or
(2) to test technologies that may enable or enhance the
provision of the services described in paragraph (1).
(c) Briefing.--Not later than 90 days after establishing the pilot
program under subsection (a), and annually thereafter, the
Administrator shall 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 findings of
the Administrator related to the pilot program established under this
section.
(d) Sunset.--This section shall cease to be effective on October 1,
2028.
(e) Definition of Qualified User.--In this section, the term
``qualified user'' means an entity authorized to receive airspace data
feeds containing classified or controlled unclassified information
pursuant to subsection (b).
SEC. 612. ELECTRONIC CONSPICUITY STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study of technologies and methods that may be used by
operators of unmanned aircraft systems to detect and avoid manned
aircraft that may lawfully operate below 500 feet above ground level
and that are--
(1) not equipped with a transponder or automatic dependent
surveillance-broadcast out equipment; or
(2) otherwise not electronically conspicuous.
(b) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with--
(1) representatives from--
(A) unmanned aircraft systems manufacturers and
operators;
(B) general aviation operators;
(C) aerial applicators; and
(D) helicopter operators, including State and local
governments; and
(2) any other person the Comptroller General determines
appropriate.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report describing the results of such study.
SEC. 613. REMOTE IDENTIFICATION ALTERNATIVE MEANS OF COMPLIANCE.
(a) Study.--The Administrator of the Federal Aviation
Administration 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 Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study under subsection (a).
SEC. 614. PART 107 WAIVER IMPROVEMENTS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall adopt a performance- and risk-based approach in
reviewing requests for certificates of waiver under section 107.200 of
title 14, Code of Federal Regulations.
(b) Standardization of Waiver Application.--
(1) In general.--In carrying out subsection (a), the
Administrator shall improve the process established to submit
requests for certificates of waiver described in subsection
(a).
(2) Format.--In carrying out paragraph (1), the
Administrator may not require the use of open-ended descriptive
prompts that are required to be filled out by an applicant,
except to provide applicants the ability to provide the
Administration with information for an unusual or irregular
operation.
(3) Data.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall leverage data gathered from
previous requests for certificates of waivers.
(B) Considerations.--In carrying out subparagraph
(A), the Administrator shall safely use--
(i) big data analytics; and
(ii) machine learning.
(c) Consideration of Property Ownership Interest.--
(1) In general.--In determining whether to issue a
certificate of waiver under section 107.200 of title 14, Code
of Federal Regulations, the Administrator shall--
(A) consider whether the waiver applicant has
control over access to all real property on the ground
within the area of operation; and
(B) recognize and account for the safety
enhancements of such controlled access.
(2) Rule of construction.--Nothing in this subsection shall
be construed to direct the Administrator to consider the lack
of control over access to all real property on the ground
within an area of operation, or a lack of property interest in
such area of operation, as negatively affecting the safety of
the operation intended to be conducted under such certificate
of waiver.
(d) Public Availability of Waivers.--
(1) In general.--The Administrator shall publish all
certificates of waiver issued under section 107.200 of title
14, Code of Federal Regulations, on the website of the
Administration, including, with respect to each issued
certificate of waiver--
(A) the terms, conditions, and limitations; and
(B) the class of airspace and any restrictions
related to operating near airports or heliports.
(2) Publication.--In carrying out paragraph (1), the
Administrator shall ensure that published information is made
available in a manner that prevents inappropriate disclosure of
proprietary information.
(e) Precedential Use of Previously Approved Waivers.--
(1) Waiver approval precedent.--Except as provided in
paragraph (3), if the Administrator determines, using criteria
for a particular waiver, that an application for a certificate
of waiver issued under section 107.200 of title 14, Code of
Federal Regulations, is substantially similar (or is comprised
of elements that are substantially similar) to an application
for a certificate of waiver that the Administrator has
previously approved, the Administrator may streamline, as
appropriate, the approval of applications with substantially
similar conditions and limitations as a previously approved
application.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to preclude an applicant for a certificate of
waiver from applying to modify a condition, or remove a
limitation of, such certificate.
(f) Modification of Waivers.--
(1) In general.--The Administrator shall establish an
expedited review process for a request to modify or renew
certificates of waiver previously issued under section 107.200
of title 14, Code of Federal Regulations, as appropriate.
(2) Use of review process.--The review process established
under paragraph (1) shall be used to review certificates of
waiver that cover operations that are substantially similar in
all material facts to operations covered under a subsequently
issued certificate of waiver.
SEC. 615. ACCEPTABLE LEVELS OF RISK AND RISK ASSESSMENT METHODOLOGY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall establish acceptable levels of risk, and develop a risk
assessment methodology associated with such levels of risk, to enable
unmanned aircraft system operations conducted--
(1) under waivers issued to part 107 of title 14, Code of
Federal Regulations;
(2) pursuant to section 44807 of title 49, United States
Code; or
(3) pursuant to future regulations promulgated by the
Administrator, as appropriate.
(b) Acceptable Levels of Risk.--In carrying out subsection (a), the
Administrator shall establish acceptable levels of risk for unmanned
aircraft system operations in the national airspace system and a method
for assessing the operational risk of a proposed operation in
accordance with such acceptable level.
(c) Risk Assessment Methodology.--In carrying out subsections (a)
and (b), the Administrator shall develop a risk assessment methodology
to allow remote pilots in command operating unmanned aircraft systems
pursuant to subsection (a) to determine the risk associated with a
specific operation, and mitigate such a risk, as necessary.
(d) Risk Assessment Methodology Considerations.--In establishing
the risk assessment methodology described under this section, the
Administrator shall consider--
(1) the time of day of the operation;
(2) the population density of the area of operation;
(3) the class of airspace and such requirements necessary
for airspace users to legally operate in each class of
airspace;
(4) the proximity to infrastructure, to the extent that
proximity mitigates risk to other operators of the national
airspace system;
(5) the nature of the detect and avoid mitigation measures
of an unmanned aircraft system; and
(6) the attributes and characteristics of the unmanned
aircraft of the unmanned aircraft system, including the--
(A) size;
(B) visibility;
(C) maximum takeoff weight;
(D) maximum indicated airspeed; and
(E) payload.
(e) Publication.--The Administrator shall make the risk assessment
methodology established under this section available to the public on
an appropriate website of the Administration.
(f) Definitions of Unmanned Aircraft and Unmanned Aircraft
System.--In this section, the terms ``unmanned aircraft'' and
``unmanned aircraft system'' have the meanings given such terms in
section 44801 of title 49, United States Code.
SEC. 616. ENVIRONMENTAL REVIEW.
(a) Guidance Updates.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall publish unmanned aircraft system-specific guidance
and implementation procedures. Such guidance and implementation
procedures shall--
(1) provide guidance to streamline environmental
assessments at a programmatic level, as the Administrator
considers appropriate, for an unmanned aircraft system
operator's network of operations within a defined geographical
region, including within and over approved commercial or
industrial sites closed or restricted to the public;
(2) provide guidance for nationwide programmatic approaches
for large scale distributed unmanned aircraft system operations
whereby a Programmatic Environmental Assessment or
Environmental Impact Statement can be leveraged for subsequent
related actions to ensure efficient environmental review;
(3) consider additional Categorical Exclusions based on
previously prepared and finalized Environmental Assessments or
in consultation with the Council on Environmental Quality;
(4) prioritize proposed projects or activities that may--
(A) offset or limit the impacts of non-zero
emission activities;
(B) offset or limit the release of environmental
pollutants to soil or water; or
(C) demonstrate other factors to the benefit of the
environment as determined by the Administrator;
(5) contain intra-agency process improvements to avoid
providing conflicting safety and environmental feedback to
operators;
(6) contain standards and criteria for engaging specialized
third parties to support the Administration's preparation and
review of documentation relating to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) to ensure streamlined timelines for complex reviews; and
(7) any other modifications the Administrator considers
necessary within the stated environmental objectives of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Federal priority to maintain global leadership in
aviation innovation.
(b) Briefing.--No later than 90 days after the date of enactment of
this Act, the Administrator shall 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 plan of the
Administration to implement subsection (b), including each of the
considerations specified in the subsection, and an explanation for any
consideration the Administrator does not intend to implement.
(c) Concurrent Reviews.--If the Administrator determines that the
review of an unmanned aircraft system's design, construction,
maintenance and operational sustainability, airworthiness approval, or
operational approval requires environmental assessment, including
requirements under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Administrator shall, to the maximum extent
practicable, conduct such reviews and analyses concurrent with one
another.
(d) Rule of Construction.--Nothing in this section shall be
construed as prohibiting, restricting or otherwise limiting the
authority of the Secretary of Transportation or the Administrator from
implementing or complying with the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any
related requirements to ensure the protection of the environment and
aviation safety.
(e) Associated UAS Certification Standards.--
(1) Option to suspend noise certification requirement
pending standards development.--Notwithstanding the
requirements of section 44715 of title 49, United States Code,
the Administrator may waive the determination of compliance
with part 36 of title 14, Code of Federal Regulations, for an
applicant seeking an unmanned aircraft system type and
airworthiness certification, provided the Administrator has
developed appropriate noise measurement procedures for such
systems and the Administrator has received the noise
measurements results based on such procedures from the
applicant.
(2) Development of criteria.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
develop and establish substantive criteria and standards
metrics used by the Administrator to determine whether to
approve or disapprove the airworthiness of an unmanned aircraft
pursuant to part 36 of title 14, Code of Federal Regulations.
(3) Substantive criteria and standards metrics.--In
establishing the substantive criteria and standards metrics as
required under paragraph (2), the Administrator shall include
such criteria and metrics related to the airworthiness of
unmanned aircraft for the following:
(A) Noise impacts.
(B) Visual impacts.
(4) Publication.--The Administrator shall publish in the
Federal Register and post on a website of the Federal Aviation
Administration the criteria and metrics established pursuant to
paragraph (2).
(f) Definition of Unmanned Aircraft System.--In this section, the
term ``unmanned aircraft system'' has the meaning given such term in
section 44801 of title 49, United States Code.
SEC. 617. CARRIAGE OF HAZARDOUS MATERIALS.
(a) Near-term Approvals.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall coordinate with the Administrator of the Pipeline
and Hazardous Materials Safety Administration to revise processes in
effect on the date of enactment of this Act for the carriage of
hazardous materials by unmanned aircraft systems to provide that--
(1) special conditions, waivers, or other requirements
necessary to enable the carriage of hazardous materials shall
be incorporated into the existing regulatory and operator
certification processes of the Federal Aviation Administration
for unmanned aircraft operations in which the aircraft--
(A) weighs less than 100 pounds; and
(B) is capable of carrying less than 10 pounds
gross weight of limited quantity cargo; and
(2) the existing special permitting process or other
existing processes carried out by the Administrator of the
Pipeline and Hazardous Materials Safety Administration shall be
initiated as early as practicable, and in conjunction with the
existing regulatory and operator certification processes of the
Federal Aviation Administration, for unmanned aircraft
operations in which the unmanned aircraft--
(A) weighs 100 pounds or more; or
(B) is capable of carrying 10 pounds or more gross
weight of limited quantity cargo.
(b) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
revise requirements, guidance, standards, or other policy
materials governing the carriage of hazardous materials to
allow for the carriage of a de minimis amount of hazardous
materials by an unmanned aircraft.
(2) Considerations.--In carrying out paragraph (1), the
Secretary shall consider--
(A) whether a hazardous material is a consumer
commodity;
(B) requirements for common carriage and private
carriage;
(C) whether the transportation of a de minimis
volume, weight, or amount of a hazardous material would
pose an unreasonable risk to health and safety or
property;
(D) whether the volume, weight, or amount of a
hazardous material is large enough to permit the
transportation of a commercially meaningful volume,
weight, or amount; and
(E) the altitude at which unmanned aircraft
operations are conducted.
(3) Implementation.--
(A) Petition.--The Secretary shall establish a
process for a person to petition to establish or revise
a de minimis amount or a hazardous material.
(B) Periodic updates.--The Secretary shall--
(i) periodically review, as necessary, de
minimis amounts of hazardous materials
established under paragraph (1);
(ii) determine whether such amounts of
Hazardous materials should be revised, based on
operational and safety data or other factors;
and
(iii) assess whether to establish a de
minimis amount for a hazardous material for
which a de minimis volume, weight, or amount
has previously not been established.
(c) Saving Clause.--Nothing in this section shall be construed to--
(1) limit the authority of the Secretary, the Administrator
of the Federal Aviation Administration, or the Administrator of
the Pipeline and Hazardous Materials Safety Administration from
implementing requirements under existing authorities to ensure
the safe carriage of hazardous materials by aircraft; and
(2) confer upon the Administrator of the Federal Aviation
Administration the authorities of the Administrator of the
Pipeline and Hazardous Materials Safety Administration, as
described in part 175 of title 49, Code of Federal Regulations,
and chapter 51 of title 49, United States Code.
(d) Exemption.--The authorities of the Administrator related to the
transportation, packaging, marking, or description of hazardous
materials in section 106(g)(1) of title 49, United States Code, shall
not apply to the extent necessary to enact the requirements of this
section.
(e) Definitions.--In the section:
(1) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given the term in section 44801 of
title 49, United States Code.
(2) Consumer commodity.--The term ``consumer commodity''
has the meaning given such term in section 171.8 of title 49,
Code of Federal Regulations.
SEC. 618. UNMANNED AIRCRAFT SYSTEM USE IN WILDFIRE RESPONSE.
(a) Unmanned Aircraft Systems in Wildfire Response.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with the United States
Forest Service and any other Federal entity or contracted
operator the Administrator considers appropriate, shall develop
a plan on the use of unmanned aircraft systems by public
entities in wildfire response efforts, including research,
wildfire detection, mitigation, and suppression.
(2) Plan contents.--The plan under subsection (a) shall
provide recommendations to--
(A) identify and designate areas of public land
with high potential for wildfires in which public
entities may conduct unmanned aircraft system beyond
visual line of sight operations as part of wildfire
response efforts, including wildfire detection,
mitigation, and suppression;
(B) develop a process to facilitate the safe and
efficient operation of unmanned aircraft systems beyond
the visual line of sight in wildfire response efforts
in areas designated under paragraph (A), including the
waiver process under section 91.113 or section 107.31
of title 14, Code of Federal Regulations, for public
entities that use unmanned aircraft systems for aerial
wildfire detection, mitigation, and suppression; and
(C) improve coordination between the relevant
Federal agencies and public entities on the use of
unmanned aircraft systems in wildfire response efforts.
(3) Plan submission.--Upon completion of the plan under
subsection (a), the Administrator of the Federal Aviation
Administration shall submit such plan to, and provide a
briefing for, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senates.
(4) Publication.--Upon submission of the plan under
subsection (a), the Administrator of the Federal Aviation
Administration shall publish such plan on a publicly available
website of the Administration.
(b) Applicability.--This section shall only apply to unmanned
aircraft systems that are--
(1) operated by, or on behalf of, a public entity;
(2) operated in airspace covered by a wildfire-related
temporary flight restriction under section 91.137 of title 14,
Code of Federal Regulations; and
(3) under the operational control of, or otherwise are
being operationally coordinated by, an authorized aviation
coordinator responsible for coordinating disaster relief
aircraft within the airspace covered by such temporary flight
restriction.
(c) Interagency Coordination.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall seek to enter
into the necessary agreements to provide a liaison of the
Administration to the National Interagency Fire Center to facilitate
the use of manned and unmanned aircraft in wildfire response efforts,
including wildfire detection, mitigation, and suppression.
(d) Savings Clause.--Nothing in this Act shall be construed to
confer upon the Administrator of the Federal Aviation Administration
the authorities of the Administration of the Federal Emergency
Management Agency on wildfire response under section 611 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196).
(e) Definitions.--In this section:
(1) Public entity.--The term ``public entity'' means--
(A) a Federal agency;
(B) a State government;
(C) a local government;
(D) a Tribal government; and
(E) a territorial government.
(2) Public land.--The term ``public land'' has the meaning
given such term in section 205 of the Sikes Act (16 U.S.C.
670k).
(3) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
(4) Wildfire.--The term ``wildfire'' has the meaning given
that term in section 2 of the Emergency Wildfire Suppression
Act (42 U.S.C. 1856m).
SEC. 619. PILOT PROGRAM FOR UAS INSPECTIONS OF FAA INFRASTRUCTURE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
and initiate a pilot program to supplement appropriate inspection and
oversight activities of the department with unmanned aircraft systems
for the purposes of increasing employee safety, enhancing data
collection, increasing the accuracy of inspections, reducing costs, and
other purposes the Secretary considers to be in the broader interests
of good government.
(b) Ground-based Aviation Infrastructure.--Under the program
required in subsection (a), the Administrator of the Federal Aviation
Administration shall evaluate the use of unmanned aircraft systems to
inspect ground-based aviation infrastructure that may require visual
inspection in hard-to-reach areas, including--
(1) navigational aids;
(2) air traffic control towers;
(3) radar facilities;
(4) communication facilities; and
(5) other air traffic control facilities.
(c) Coordination.--In carrying out the pilot program established
under subsection (a), the Secretary shall consult with the labor union
certified under section 7111 of title 5, United States Code, to
represent personnel responsible for the inspection of the ground-based
aviation infrastructure described in subsection (b).
(d) Covered Foreign Unmanned Aircraft System.--The Secretary may
not carry out an inspection under this section using an unmanned
aircraft system manufactured by--
(1) an entity included on the Consolidated Screening list
or Entity List as designated by the Secretary of Commerce;
(2) an entity domiciled in the People's Republic of China
or the Russian Federation; or
(3) an entity, or a subsidiary or affiliate of an entity,
that is subject to influence or control by--
(A) the Government of the People's Republic of
China;
(B) the Chinese Communist Party; or
(C) the Russian Federation.
(e) Briefing.--Not later than 2 years after the date of enactment
of this Act, and annually thereafter until the termination of the pilot
program under this section, the Secretary shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on the status and results of
the pilot program established under subsection (a), including--
(1) cost saving;
(2) a description of how unmanned aircraft systems were
used to supplement existing inspection, data collection, or
oversight activities of Department employees, including the
number of operations and types of activities performed;
(3) efficiency or safety improvements, if any, associated
with the use of unmanned aircraft systems to supplement
conventional inspection, data collection, or oversight
activities;
(4) the fleet of unmanned aircraft systems maintained by
the Department of Transportation for the program, or an
overview of the services used as part of the pilot program; and
(5) recommendations for improving the use or efficacy of
unmanned aircraft systems to supplement the Department's
conventional inspection, data collection, or oversight
activities.
(f) Sunset and Incorporation Into Standard Practice.--
(1) Sunset.--The pilot program established under subsection
(a) and the reporting requirement under subsection (f) shall
terminate on the date that is 50 months after the date of
enactment of this Act.
(2) Incorporation into standard practice.--Upon termination
of the pilot program, the Secretary shall assess the results of
the pilot program under this section and determine whether to
permanently incorporate the use of unmanned aircraft systems
into the regular inspection, data collection, and oversight
activities of the Department.
(3) Report to congress.--Not later than 3 months after the
termination of the pilot program under paragraph (1), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the final results of the pilot program and
the actions taken by the Administrator pursuant to paragraph
(2).
SEC. 620. DRONE INFRASTRUCTURE INSPECTION GRANT PROGRAM.
(a) Authority.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation 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 support more efficient inspection, operation, construction,
maintenance, modernization, and repair of an element of critical
infrastructure to improve worker safety related to critical
infrastructure projects.
(b) Use of Grant Amounts.--A governmental entity may use a grant
provided under this section to--
(1) purchase or lease eligible small unmanned aircraft
systems;
(2) support operational capabilities of eligible small
unmanned aircraft systems by the governmental entity;
(3) contract for services performed using 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 subsection (a); and
(4) support the program management capability of the
governmental entity to use an eligible small unmanned aircraft
system.
(c) Eligibility.--To be eligible to receive a grant under this
section, 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 any contractor of the governmental entity, will
comply with relevant Federal regulations.
(d) Selection of Applicants.--In awarding a grant under this
section, the Secretary shall prioritize applications that propose to--
(1) carry out a critical infrastructure project in a
variety of communities, including urban, suburban, rural,
tribal, or any other type of community; and
(2) address a safety risk in the inspection, operation,
construction, maintenance, or repair of an element of critical
infrastructure.
(e) Limitation.--Nothing in this section shall be construed as to
interfere with an agreement between a governmental entity and a labor
union, including requirements under section 5333(b) of title 49, United
States Code.
(f) Report to Congress.--Not later than 1 year after the first
grant is provided under this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that evaluates the program
carried out under this section, including--
(1) a description of the number of grants awarded;
(2) the amount of each grant;
(3) the activities funded under this section; and
(4) the effectiveness of such funded activities in meeting
the objectives described in subsection (a).
(g) Funding.--
(1) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the cost of a project carried
out using a grant under this section shall not exceed
50 percent of the total project cost.
(B) Waiver.--The Secretary may increase the Federal
share requirement under subparagraph (A) to up to 75
percent for a project carried out using a grant under
this section by a governmental entity if such entity--
(i) submits a written application to the
Secretary requesting an increase in the Federal
share; and
(ii) demonstrates that the additional
assistance is necessary to facilitate the
acceptance and full use of a grant under this
section, such as alleviating economic hardship,
meeting additional workforce needs, or such
other uses that the Secretary determines to be
appropriate.
(2) Authorization of appropriations.--Out of amounts
authorized to be appropriated under section 106(k) of title 49,
United States Code, the Secretary shall make available to carry
out this section--
(A) $2,000,000 for fiscal year 2024;
(B) $12,000,000 for fiscal year 2025;
(C) $12,000,000 for fiscal year 2026;
(D) $12,000,000 for fiscal year 2027; and
(E) $12,000,000 for fiscal year 2028.
(h) 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 subsection
(e) of the Critical Infrastructures Protection Act of 2001 (42
U.S.C. 5195c(e)).
(3) Element of critical infrastructure.--The term ``element
of critical infrastructure'' means a critical infrastructure
facility or asset, including public bridges, tunnels, roads,
highways, dams, electric grid, water infrastructure,
communication systems, pipelines, or other related facilities
or assets, as determined by the Secretary.
(4) 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.
(5) Governmental entity.--The term ``governmental entity''
means--
(A) a State, the District of Columbia, the
Commonwealth of Puerto Rico, a territory of the United
States, or a political subdivision thereof;
(B) a unit of local government;
(C) a Tribal Government;
(D) a metropolitan planning organization; or
(E) a consortia of more than 1 of the entities
described in subparagraphs (A) through (D).
(6) Project.--The term ``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.
(7) Small unmanned aircraft; unmanned aircraft system.--The
terms ``small unmanned aircraft'' and ``unmanned aircraft
system'' have the meanings given such terms in section 44801 of
title 49, United States Code.
SEC. 621. DRONE EDUCATION AND WORKFORCE TRAINING GRANT PROGRAM.
(a) Authority.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall establish a drone
education and training grant program to make grants to educational
institutions for workforce training for eligible small unmanned
aircraft systems.
(b) Use of Grant Amounts.--Amounts from a grant under this section
shall be used in furtherance of activities authorized under sections
631 and 632 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101
note).
(c) Eligibility.--To be eligible to receive a grant under this
section, an educational institution shall submit an application to the
Secretary at such time, in such form, and containing such information
as the Secretary may require.
(d) Authorization of Appropriations.--Out of amounts authorized to
be appropriated under section 106(k) of title 49, United States Code,
the Secretary shall make available to carry out this section--
(1) $2,000,000 for fiscal year 2024;
(2) $12,000,000 for fiscal year 2025;
(3) $12,000,000 for fiscal year 2026;
(4) $12,000,000 for fiscal year 2027; and
(5) $12,000,000 for fiscal year 2028.
(e) 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) Educational institution.--The term ``educational
institution'' means an institution of higher education (as
defined in section 101 of the High 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).
(3) 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.
(4) Small unmanned aircraft; unmanned aircraft system.--The
terms ``small unmanned aircraft'' and ``unmanned aircraft
system'' have the meanings given such terms in section 44801 of
title 49, United States Code.
SEC. 622. DRONE WORKFORCE TRAINING PROGRAM STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a study of the effectiveness of the Collegiate Training
Initiative Program for Unmanned Aircraft Systems, established pursuant
to section 632 of the FAA Reauthorization Act 2018 (49 U.S.C. 40101
note).
(b) Report.--Upon completion of the study under subsection (a), the
Comptroller General shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
describing--
(1) the findings of the study; and
(2) any recommendations to improve and expand the
Collegiate Training Initiative Program for Unmanned Aircraft
Systems.
SEC. 623. UAS INTEGRATION OFFICE.
The Executive Director of the UAS Integration Office of the Federal
Aviation Administration shall--
(1) support, and provide substantive recommendations for,
rulemaking proceedings, in coordination with other relevant
services and offices and the Assistant Administrator of
Rulemaking and Regulatory Improvement, regarding the
integration of unmanned aircraft systems into the national
airspace system;
(2) support, and make substantive recommendations to
inform, the review and adjudication of submissions under the
processes established under section 44807 of title 49, United
States Code, as amended by section 605;
(3) support, and make substantive recommendations to
inform, the development, modification, and acceptance or
approval of relevant consensus standards, means of compliance,
and declarations of compliance related to unmanned aircraft
systems;
(4) ensure the timely consideration of airworthiness and
operational determinations related to unmanned aircraft systems
by relevant offices of the Administration;
(5) consult, advise, coordinate with, and make substantive
recommendations to relevant lines of business and staff offices
of the Administration to support the activities of the
Administration and efficiently carry out the duties described
in this section;
(6) hire full-time equivalent employees, as necessary, to
build expertise within the UAS Integration Office to assess
unmanned aviation technologies and related operational risk
mitigation; and
(7) engage in any other activities determined necessary by
the Executive Director or the Administrator of the Federal
Aviation Administration, to fulfill the duties described in
this section.
SEC. 624. TERMINATION OF ADVANCED AVIATION ADVISORY COMMITTEE.
The Secretary of Transportation may not renew the charter of the
Advanced Aviation Advisory Committee (chartered by the Secretary on
June 10, 2022).
SEC. 625. UNMANNED AND AUTONOMOUS FLIGHT ADVISORY COMMITTEE.
(a) In General.--Not later than 1 year after the termination of the
Advanced Aviation Advisory Committee pursuant to section 624, the
Administrator of the Federal Aviation Administration shall establish an
Unmanned and Autonomous Flight Advisory Committee (in this section
referred to as the ``Advisory Committee'').
(b) Duties.--The Advisory Committee shall provide the Administrator
advice on policy- and technical-level issues related to unmanned and
autonomous aviation operations and activities, including, at a minimum,
the following:
(1) The safe integration of unmanned aircraft systems and
autonomous flight operations into the national airspace system,
including feedback on--
(A) the certification and operational standards of
highly automated aircraft, unmanned aircraft, and
associated elements of such aircraft;
(B) coordination of procedures for operations in
controlled airspace; and
(C) communication protocols.
(2) The use cases of unmanned aircraft systems, including
evaluating and assessing the potential benefits of using
unmanned aircraft systems.
(3) The development of processes and methodologies to
address safety concerns related to the operation of unmanned
aircraft systems, including risk assessments and mitigation
strategies.
(4) Unmanned aircraft system training, education, and
workforce development programs, including evaluating
aeronautical knowledge gaps in the unmanned aircraft system
workforce, assessing the workforce needs of unmanned aircraft
system operations, and establishing a strong pipeline to ensure
a robust unmanned aircraft system workforce.
(5) The analysis of unmanned aircraft system data and
trends.
(6) Unmanned aircraft system infrastructure, including the
use of existing aviation infrastructure and the development of
necessary infrastructure.
(c) Membership.--
(1) In general.--The Advisory Committee shall be composed
of not more than 12 members.
(2) Representatives.--The Advisory Committee shall include
at least 1 representative of each of the following:
(A) Small unmanned aircraft system commercial
operators.
(B) Small unmanned aircraft system manufacturers.
(C) Manufacturers of unmanned aircraft weighing 55
pounds or more pursuing or holding a certificate for
design or production of such unmanned aircraft.
(D) Counter-unmanned aircraft system manufacturers.
(E) Federal Aviation Administration approved
unmanned aircraft system service suppliers.
(F) Unmanned aircraft system test sites under
section 44803 of title 49, United States Code.
(G) An unmanned aircraft system physical
infrastructure network provider.
(H) Community advocates.
(I) Certified labor organizations representing
commercial airline pilots, air traffic control
specialists employed by the Administration, certified
aircraft maintenance technicians, certified aircraft
dispatchers, and aviation safety inspectors.
(J) Operators pursuing or holding a certificate for
the operation of an unmanned aircraft weighing 55
pounds or more.
(d) Reporting.--
(1) In general.--The Advisory Committee shall submit to the
Secretary an annual report of the activities, findings, and
recommendations of the Committee.
(2) Congressional reporting.--The Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the reports required under
paragraph (1).
(e) Definition of Unmanned Aircraft.--In this section, the term
``unmanned aircraft'' has the meaning given such term in section 44801
of title 49, United States Code.
SEC. 626. NEXTGEN ADVISORY COMMITTEE MEMBERSHIP EXPANSION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall take such actions as
may be necessary to expand the membership of the NextGen Advisory
Committee chartered by the Secretary on June 15, 2022, and any
subsequent chartered committees, to include a representative from the
unmanned aircraft system industry and a representative from the
powered-lift industry.
(b) Qualifications.--The representatives required under subsection
(a) shall have the following qualifications, as applicable:
(1) Demonstrated expertise in the design, manufacture, and
operation of unmanned aircraft systems.
(2) Demonstrated experience in the development or
implementation of unmanned aircraft systems policies and
procedures.
(3) Demonstrated commitment to advancing the safe
integration of unmanned aircraft systems into the national
airspace system.
SEC. 627. TEMPORARY FLIGHT RESTRICTION INTEGRITY.
(a) In General.--Section 40103(b) of title 49, United States Code,
is amended by adding at the end the following:
``(5)(A) In issuing a temporary flight restriction, the
Administrator shall--
``(i) ensure there is a specific and articulable safety or
security basis for the size, scope, and duration of such
restriction;
``(ii) immediately distribute a notice of the temporary
flight restriction via the Notice to Air Missions system; and
``(iii) detail in the notice required under clause (ii)--
``(I) the safety basis for the restriction; and
``(II) how a covered person may lawfully and
expeditiously operate an aircraft within the
restriction.
``(B) In this paragraph, the term `covered person' means--
``(i) a public safety agency;
``(ii) a first responder;
``(iii) an accredited news representative; or
``(iv) any other person as determined appropriate by the
Administrator.''.
SEC. 628. INTERAGENCY COORDINATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the purpose of the joint Department of Defense-Federal
Aviation Administration executive committee (referred to in
this subsection as ``Executive Committee'') on conflict and
dispute resolution as described in Section 1036(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417) is to resolve disputes on the
matters of policy and procedures between the Department of
Defense and the Federal Aviation Administration relating to
airspace, aircraft certifications, aircrew training, and other
issues, including the access of unmanned aerial systems of the
Department of Defense to the national airspace system;
(2) by mutual agreement of Executive Committee leadership,
operating with the best of intentions, the current scope of
activities and membership of the Executive Committee has
exceeded the original intent of, and tasking to, the Executive
Committee; and
(3) the expansion described in paragraph (2) has resulted
in an imbalance in the oversight of certain Federal entities in
matters concerning civil aviation safety and security.
(b) In General.--
(1) Charter revision.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to revise the charter of the
Executive Committee to reflect the scope, objectives,
membership, and activities described in such section 1036(b) in
order to achieve the increasing, and ultimately routine, access
of unmanned aircraft systems (as defined in section 44801 of
title 49, United States Code) into the national airspace
system.
(2) Sunset.--Not earlier than 2 years after the date of
enactment of this Act, the Administrator shall seek to sunset
Executive Committee activities by joint agreement of the
Administrator and the Secretary of Defense.
SEC. 629. REVIEW OF REGULATIONS TO ENABLE UNESCORTED UAS OPERATIONS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall, in coordination with the Secretary of Defense, conduct a review
of requirements necessary to permit an unmanned aircraft systems
(excluding small unmanned aircraft systems) operated by a Federal
agency or an armed service to be operated in the national airspace
system, including outside of restricted airspace, without being
escorted by a manned aircraft.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the review, including findings and
recommendations on regulatory and statutory changes that can be made to
enable the operations described under subsection (a).
(c) Definitions.--The definitions under section 44801 of title 49,
United States Code, shall apply to this section.
SEC. 630. UAS OPERATIONS OVER HIGH SEAS.
(a) In General.--An unmanned aircraft system operation that begins
and ends within the United States or the territorial waters of the
United States, shall not be considered international flight regardless
of whether the unmanned aircraft system enters international airspace.
(b) Definition of Unmanned Aircraft System.--In this section, the
term ``unmanned aircraft system'' has the meaning given such term in
section 44801 of title 49, United States Code.
SEC. 631. BEYOND BEYOND.
(a) FAA BEYOND Program Extension.--The Administrator of the Federal
Aviation Administration shall extend the BEYOND program of the
Administration as in effect on the day before the date of enactment of
this Act (referred to in this section as the ``Program'') and the
existing agreements with State, local, and Tribal governments entered
into under the Program until such date, as specified in subsection (b).
(b) FAA BEYOND Program Expansion.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall expand the
Program to additional locations and test the use of new and
emerging aviation concepts and technologies, including concepts
and technologies unrelated to unmanned aircraft systems, to
evaluate and inform Administration policies, rulemaking, and
guidance related to the safe integration of such concepts and
technologies into the national airspace system.
(2) Scope.--In expanding the Program under this subsection,
the Administrator shall address additional factors, including--
(A) increasing automation in civil aircraft,
including unmanned aircraft systems and new or emerging
aviation technologies;
(B) operations of such systems and technologies,
including beyond visual line of sight; and
(C) the social and economic impacts of such
operations.
(3) Continuation.--The Administrator shall carry out the
expanded Program required under this subsection until such time
that the Administrator determines the Program is no longer
necessary or useful.
SEC. 632. UAS INTEGRATION STRATEGY.
(a) In General.--The Administrator of the Federal Aviation
Administration shall implement the recommendations made by--
(1) the Comptroller General of the United States to the
Secretary of Transportation contained in the report titled
``Drones: FAA Should Improve Its Approach to Integrating Drones
into the National Airspace System'' issued in January 2023
(GAO-23-105189); and
(2) the inspector general of the Department of
Transportation to the Administrator contained in the audit
report titled ``FAA Made Progress Through Its UAS Integration
Pilot Program, but FAA and Industry Challenges Remain To
Achieve Full UAS Integration'' issued in April 2022 (Project
ID: AV2022027).
(b) Briefing.--Not later than 12 months after the date of enactment
of this Act, 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 status of the activities
described in subsection (a).
SEC. 633. AUTHORIZATION OF APPROPRIATIONS FOR KNOW BEFORE YOU FLY
CAMPAIGN.
There is authorized to be appropriated to the Administrator
$1,000,000 for each of fiscal years 2024 through 2028, out of funds
made available under section 106(k) of title 49, United States Code,
for the Know Before You Fly educational campaign or similar public
informational efforts intended to broaden unmanned aircraft systems
safety awareness.
SEC. 634. PUBLIC AIRCRAFT DEFINITION.
Section 40125(a)(2) of title 49, United States Code, is amended--
(1) by striking the first instance of ``or''; and
(2) by inserting ``(including data collection on civil
aviation systems undergoing research, development, test, or
evaluation at a test range (as such term is defined in section
44801)), infrastructure inspections, or any other activity
undertaken by a governmental entity that the Administrator
determines is inherently governmental'' after ``biological or
geological resource management''.
SEC. 635. PROTECTION OF PUBLIC GATHERINGS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a process to allow applicants to request
temporary prohibitions of unmanned aircraft operations in close
proximity to an eligible large public gathering for a specified period
of time.
(b) Application Procedures.--
(1) In general.--In making a determination whether to grant
or deny an application for a designation, the Administrator
shall consider--
(A) aviation safety;
(B) protection of persons and property on the
ground;
(C) national security; or
(D) homeland security.
(2) Requirements.--The application procedures under this
section shall allow eligible petitions to apply for a
prohibition individually or collectively.
(3) Eligible large gatherings.--Large public gatherings
eligible for application under this section shall--
(A) have an estimated attendance of greater than
20,000 people;
(B) be primarily outdoors;
(C) have defined and static geographical
boundaries; and
(D) be advertised in the public domain.
(4) Eligible petitioners.--Applicants eligible to submit
petitions for consideration in subsection (a) shall be a
credentialed law enforcement organization or public safety
organization otherwise recognized by a Federal, State, local,
Tribal, or territorial governmental entity.
(c) Review Process.--
(1) In general.--The Administrator shall provide for a
timely determination on an application submitted under
subsection (a) to allow for the public to be notified of a
prohibition in advance of the public gathering.
(2) Additional requirement.--The Administrator shall make
every practicable effort to make a determination on an
application submitted under subsection (a) not later than 7
days before the expected start date of the large public
gathering.
(d) Public Information.--Temporary prohibition designated under
subsection (a) shall be published by the Federal Aviation
Administration in a publicly accessible manner, in English and other
non-English languages, at least 2 days before the large public
gathering.
(e) Savings Clause.--Nothing in this section may be construed as
prohibiting the Administrator from authorizing operation of an
aircraft, including an unmanned aircraft system, over, under, or within
a specified distance from that large public gathering designated under
subsection (b).
(f) Definitions.--In this section, the terms ``unmanned aircraft''
and ``unmanned aircraft system'' have the meanings given such terms in
section 44801 of title 49, United States Code.
Subtitle B--Advanced Air Mobility
SEC. 651. DEFINITION.
In this subtitle, the term ``powered-lift aircraft'' has the
meaning given the term ``powered-lift'' in section 1.1 of title 14,
Code of Federal Regulations.
SEC. 652. POWERED-LIFT AIRCRAFT RULEMAKINGS.
(a) Final Rulemaking.--Not later than 13 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall publish a final rule for a special Federal
aviation regulation establishing procedures for certifying powered-lift
pilots and providing operational rules for powered-lift aircraft.
(b) Future Rulemaking.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall initiate a rulemaking
activity providing for a permanent pathway for the--
(1) performance-based certification of powered-lift
aircraft;
(2) certification of powered-lift airmen; and
(3) operation of powered-lift aircraft in commercial
service and air transportation.
(c) Rulemaking Considerations.--
(1) Contents of rulemakings.--In the development of the
rulemakings required under subsections (a) and (b), the
Administrator shall--
(A) provide for any aircraft type certificated by
the Administrator--
(i) a practical pathway for pilot
qualification and operations; and
(ii) performance-based requirements for
energy reserves and other range- and endurance-
related requirements that reflect the
capabilities and intended operations of the
aircraft;
(B) provide for a combination of pilot training
requirements, including simulators, to ensure the safe
operation of powered-lift aircraft;
(C) grant an individual with an existing commercial
airplane (single- or multi-engine) or helicopter pilot
certificate the authority to serve as pilot-in-command
of a powered-lift aircraft in commercial operation
following the completion of a Federal Aviation
Administration-approved pilot type rating for such type
of aircraft;
(D) to the maximum extent practicable, align
powered-lift pilot qualifications with section 2.1.1.4
of the International Civil Aviation Organization's
Annex 1;
(E) consider the adoption of the recommendations
contained in document 10103 of the International Civil
Aviation Organization for powered-lift operations, as
appropriate; and
(F) consult with the Secretary of Defense with
regard to--
(i) the U.S. Air Force Agility Prime
Program and powered-lift aircraft evaluated and
deployed for military purposes, including the
F35B program;
(ii) the commonalities and differences
between powered-lift aircraft types and the
handling qualities of such aircraft; and
(iii) the pathways for pilots to gain
proficiency and earn the necessary ratings
required to act as a pilot in command of
powered-lift aircraft.
(2) Considerations for future rulemakings.--In the
development of the rulemakings required under subsection (b),
the Administrator shall--
(A) consider and plan for unmanned and remotely
piloted powered-lift aircraft systems, and the
associated elements of such aircraft, through the
promulgation of performance-based regulations;
(B) consider and plan for alternative fuel types
and propulsion methods, including reviewing the
performance-based nature of parts 33 and 35 of title
14, Code of Federal Regulations;
(C) work to harmonize the certification and
operational requirements of the Federal Aviation
Administration with the certification and operational
requirements of civil aviation authorities with
bilateral safety agreements in place with the United
States, to the extent harmonization does not negatively
impact domestic manufacturers and operators; and
(D) inform such rulemakings based on operations and
efforts that occur as a result of the special Federal
aviation regulation pursuant to subsection (b).
(d) Interim Application of Rules and Privileges in Lieu of
Rulemaking.--Beginning 21 months after the date of enactment of this
Act, if a final rule has not been published pursuant to subsection
(a)--
(1) rules in effect on such date that apply to the
operation and the operator of rotorcraft or fixed-wing aircraft
under subchapters F, G, H, and I of chapter 1 of title 14, Code
of Federal Regulations, shall be--
(A) deemed to apply to--
(i) the operation of a powered-lift
aircraft in the national airspace system; and
(ii) the operator of such a powered-lift
aircraft; and
(B) applicable as determined by the operator of an
airworthy powered-lift aircraft in consultation with
the Administrator and consistent with sections 91.3 and
91.13 of title 14, Code of Federal Regulations; and
(2) upon the completion of a type rating for a specific
powered-lift aircraft, airmen that hold a pilot or instructor
certification with airplane category ratings in any class or
rotorcraft category ratings in the helicopter class shall be
deemed to have privileges of a powered-lift rating for that
aircraft.
(e) Termination of Interim Rules and Privileges.--Subsection (d)
shall cease to have effect 1 month after the effective date of a final
rule issued pursuant to subsection (a).
SEC. 653. POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.
(a) In General.--The Administrator of the Federal Aviation
Administration shall, in consultation with exclusive bargaining
representatives of air traffic controllers certified under section 7111
of title 5, United States Code, take such actions as may be necessary
to safely integrate powered-lift aircraft into the national airspace
system, including in controlled airspace, and learn from any efforts to
adopt and update related policy and guidance.
(b) Air Traffic Policies for Entry Into Service.--Not later than 24
months after the date of enactment of this Act, the Administrator shall
update air traffic orders and policies, to the extent necessary, and
address air traffic control system challenges in order to allow for--
(1) the use of existing air traffic procedures, where safe,
by powered-lift aircraft; and
(2) the approval of letters of agreement between air
traffic control system facilities and powered-lift operators
and infrastructure operators to minimize the amount of active
coordination required for safe recurring powered-lift aircraft
operations, as appropriate.
(c) Long-term Air Traffic Policies.--Based on the implementation of
subsection (b), the Administrator shall--
(1) continue to update air traffic orders and policies;
(2) to the extent necessary, develop powered-lift specific
procedures for airports, heliports, and vertiports;
(3) evaluate the human factors impacts on controllers
associated with managing powered-lift aircraft operations,
consider the impact of additional operations on air traffic
controller staffing, and make necessary changes to staffing,
procedures, regulations, and orders; and
(4) consider the use of third-party service providers to
manage increased operations in controlled airspace to support
and supplement the work of air traffic controllers.
SEC. 654. SENSE OF CONGRESS ON PREPARATION FOR ENTRY INTO SERVICE OF
POWERED-LIFT AIRCRAFT.
It is the sense of Congress that the Administrator of the Federal
Aviation Administration should work with manufacturers, prospective
operators of powered-lift aircraft, and other stakeholders, to enable
the safe entry of such aircraft into commercial service following the
publication of the final special Federal Aviation Administration
rulemaking titled ``Integration of Powered-Lift: Pilot Certification
and Operations; Miscellaneous Amendments Related to Rotorcraft and
Airplanes'', including by reviewing and providing feedback to such
manufacturers and operators on draft pilot training, operations, and
maintenance manuals after the publication of the draft special Federal
Aviation Administration rulemaking and prior to the publication of a
final rule, as appropriate.
SEC. 655. INFRASTRUCTURE SUPPORTING VERTICAL FLIGHT.
(a) Updates to Regulations for Consistency.--The Administrator of
the Federal Aviation Administration shall update part 1 and part 157 of
title 14, Code of Federal Regulations, and other regulations as
necessary to implement the amendments made by section 401.
(b) Update to Heliport Design Standards.--The Administrator shall
update the Advisory Circular 150/5390-2, titled ``Heliport Design''
to--
(1) increase the inclusion of performance-based guidance,
including around aircraft fuel type and propulsion method;
(2) update guidance to consider risk mitigations and
hazards associated with different aircraft fuel types and
propulsion methods;
(3) affirm the general permissibility of vertical takeoff
and landing capable aircraft to use a heliport when such
heliport can safely accommodate the physical and operating
characteristics of such aircraft; and
(4) include vertiport as a subclass of heliport.
(c) Engineering Brief on Vertiport Design.--The Administrator may
update the version of Engineering Brief 105, titled ``Vertiport
Design'' in effect on the date of enactment of this Act, prior to
issuing an update to Advisory Circular 150/5390-2, as required under
subsection (b).
(d) Engineering Brief Sunset.--The Administrator shall revoke
Engineering Brief 105, titled ``Vertiport Design'', on the earlier of--
(1) the date on which Advisory Circular 150/5390-2 is
updated under subsection (b); or
(2) 5 years after the date of enactment of this Act.
(e) Guidance, Forms, and Planning.--The Administrator shall--
(1) ensure airport district offices of the Administration
have sufficient guidance and policy direction regarding the
Administration's heliport and vertiport design guidance not
later than 18 months after the date of enactment of this Act
and update such guidance routinely;
(2) determine if updates to Administration Form 7460 and
Form 7480 are necessary and take such actions, as appropriate;
and
(3) ensure that the methodology and underlying data sources
of the Administration's Terminal Area Forecast include
commercial operations conducted by aircraft regardless of
propulsion type or fuel type.
SEC. 656. CHARTING OF AVIATION INFRASTRUCTURE.
(a) In General.--The Administrator of the Federal Aviation
Administration shall increase efforts to update and keep current the
Airport Master Record of the Administration, including by establishing
a streamlined process by which the owners and operators of public and
private aviation facilities with nontemporary, nonintermittent
operations are encouraged to keep the information on such facilities
current.
(b) Briefing.--The Administrator shall 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 plans of the Administrator to update and keep current the Airport
Master Record for private and public airports, heliports, and
vertiports.
SEC. 657. ADVANCED AIR MOBILITY WORKING GROUP.
Section 2 of the Advanced Air Mobility Coordination and Leadership
Act (49 U.S.C. 40101 note) is amended--
(1) in subsection (b) by striking ``, particularly
passenger-carrying aircraft,'';
(2) in subsection (d)(1) by striking subparagraph (D) and
inserting the following:
``(D) operators of airports, heliports, and
vertiports, and fixed-base operators;'';
(3) in subsection (e)--
(A) in the matter preceding paragraph (1) by
striking ``1 year'' and inserting ``18 months'';
(B) in paragraph (3) by inserting ``or that may
impede maturation'' after ``AAM industry'';
(C) in paragraph (7) by striking ``and'' at the
end;
(D) in paragraph (8) by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(9) processes and programs that can be leveraged to
improve the efficiency of Federal reviews required for
infrastructure development, including for electrical capacity
projects.'';
(4) in subsection (g)--
(A) in the matter preceding paragraph (1) by
striking ``working group'' and inserting ``Secretary of
Transportation'';
(B) in paragraph (1) by striking ``and'' at the
end;
(C) by redesignating paragraph (2) as paragraph
(3); and
(D) by inserting after paragraph (1) the following:
``(2) summarizing any dissenting views and opinions of a
participant of the working group described in subsection
(c)(3); and'';
(5) in subsection (i)--
(A) in paragraph (1) by striking ``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,'' and inserting
``comprised of urban air mobility and regional air
mobility using manned or unmanned aircraft'';
(B) by redesignating paragraph (5) as paragraph
(7);
(C) by redesignating paragraph (6) as paragraph
(9);
(D) by inserting after paragraph (4) the following:
``(5) Powered-lift aircraft.--The term `powered-lift
aircraft' has the meaning given the term `powered-lift' in
section 1.1 of title 14, Code of Federal Regulations.
``(6) Regional air mobility.--The term `regional air
mobility' means the movement of people or property by air
between 2 points using an airworthy aircraft that--
``(A) has advanced technologies, such as
distributed propulsion, vertical take-off and landing,
powered-lift, non-traditional power systems, or
autonomous technologies;
``(B) has a maximum takeoff weight of greater than
1,320 pounds; and
``(C) is not urban air mobility.'';
(E) by inserting after paragraph (7), as so
redesignated, the following:
``(8) Urban air mobility.--The term `urban air mobility'
means the movement of people or property by air between 2
intracity or intercity points using an airworthy aircraft
that--
``(A) advanced technologies, such as distributed
propulsion, vertical take-off and landing, powered-
lift, nontraditional power systems, or autonomous
technologies; and
``(B) a maximum takeoff weight of greater than
1,320 pounds.''; and
(F) by adding at the end the following:
``(10) Vertiport.--The term `vertiport' has the meaning
given such term in section 47102 of title 49, United States
Code.'';
(6) by redesignating subsection (i) as subsection (j); and
(7) by inserting after subsection (h) the following:
``(i) Considerations for Termination of Working Group.--In deciding
whether to terminate the working group under subsection (h), the
Secretary and the Administrator of the Federal Aviation Administration
shall consider other interagency coordination activities associated
with AAM, or other new or novel users of the national airspace system,
that could benefit from continued wider interagency coordination.''.
SEC. 658. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM EXTENSION.
Section 101 of division Q of the Consolidated Appropriations Act,
2023 (49 U.S.C. 40101 note) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A) by inserting ``, as
well as the use of existing airport and
heliport infrastructure that may require
modifications to safely accommodate AAM
operations,'' after ``vertiport
infrastructure''; and
(ii) in subparagraph (B)--
(I) in clause (iii) by striking
``vertiport'' and inserting ``locations
for'';
(II) in clause (iv) by inserting
``and guidance'' after ``any
standards'';
(III) in clause (v) by striking
``vertiport infrastructure'' and
inserting ``urban air mobility and
regional air mobility operations''; and
(IV) in clause (x) by inserting
``or the modification of existing
aviation infrastructure'' after
``operation of a vertiport'';
(B) in paragraph (4)(B) by inserting ``the
Department of Defense, the National Guard,'' before
``or''; and
(C) in paragraph (6)(B)--
(i) in clause (i) by striking ``and'' at
the end;
(ii) in clause (ii) by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) a description of--
``(I) initial community engagement
efforts and responses from the public
on the planning and development efforts
of eligible entities related to urban
air mobility and regional air mobility
operations;
``(II) how eligible entities are
planning for and encouraging early
adoption of urban air mobility and
regional air mobility operations;
``(III) what role each level of
government plays in the process; and
``(IV) whether such entities
recommend specific regulatory or
guidance actions be taken by the
Secretary of Transportation or other
Federal agencies in order to support
such early adoption.'';
(2) in subsection (c)(1)--
(A) by striking ``years 2023 and 2024'' and
inserting ``years 2023 through 2026''; and
(B) by inserting before the period ``out of funds
made available under section 106(k) of title 49, United
States Code'';
(3) in subsection (d) by striking ``2024'' and inserting
``2026'' each place it appears; and
(4) in subsection (e)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Advanced air mobility; aam; regional air mobility;
urban air mobility; vertiport.--The terms `advanced air
mobility', `AAM', `regional air mobility', `urban air
mobility', and `vertiport' have the meaning given such terms in
section 2(j) of the Advanced Air Mobility Coordination and
Leadership Act (49 U.S.C. 40101 note).''; and
(B) by striking paragraphs (9) and (10).
Subtitle C--Other Provisions
SEC. 681. REPORT ON NATIONAL SPACEPORTS POLICY.
Section 580(c)(3) of the FAA Reauthorization Act of 2018 (Public
Law 115-254) is amended by striking ``2024'' and inserting ``2028''.
SEC. 682. INTERMODAL TRANSPORTATION INFRASTRUCTURE IMPROVEMENT PILOT
PROGRAM.
(a) In General.--The Secretary may establish a pilot program to
issue grants to operators of launch and reentry sites for projects to
construct, repair, maintain, or improve transportation infrastructure
and facilities at such sites.
(b) Pilot Program Qualifications.--The Secretary may enter into
agreements under this section to issue a grant to an operator only if
the operator--
(1) has submitted an application to the Secretary in such
form, at such time, and containing such information as
prescribed by the Secretary;
(2) demonstrates to the Secretary's satisfaction that the
project for which the application has been submitted is for an
eligible purpose under subsection (c); and
(3) agrees to maintain such records relating to the grant
as the Secretary may require and to make such records available
to the Secretary or the Comptroller General of the United
States upon request.
(c) Permitted Use of Pilot Program Grants.--An operator may use a
grant provided under this subsection for a project to construct,
repair, maintain, or improve infrastructure and facilities that--
(1) are located at, or adjacent to, a launch or reentry
site; and
(2) directly enable or support transportation safety or
covered transportation activities.
(d) Pilot Program Grants.--
(1) Grant formula.--Subject to the availability of
appropriations, at the beginning of each fiscal year after
fiscal year 2024, the Secretary shall issue a grant to an
operator that qualifies for the pilot program under subsection
(b) an amount equal to the sum of--
(A) $250,000 for each licensed launch or reentry
operation conducted from the applicable launch or
reentry site or at any adjacent Federal launch range in
the previous fiscal year; and
(B) $100,000 for each launch or reentry operation
conducted under a permit from the applicable launch or
reentry site or at any adjacent Federal launch range in
the previous fiscal year.
(2) Maximum grant.--Except as provided in subsection
(e)(5), a grant issued to an operator under this subsection
shall not exceed $2,500,000 for a fiscal year.
(3) Adjacency.--
(A) In general.--In issuing a grant to an operator
under paragraph (1), the Secretary shall determine
whether a launch or reentry site is adjacent to a
Federal launch range.
(B) Limitation.--Only 1 operator may receive an
amount under paragraph (1) for each licensed or
permitted launch or reentry operation described in such
subparagraph.
(C) Multiple launch or reentry sites operated by 1
operator.--If an operator holds a license to operate
more than 1 launch site or more than 1 reentry site
that are adjacent to a Federal launch range, the
Secretary shall consider such launch or reentry sites
as 1 launch or reentry site for purposes of
subparagraph (A).
(e) Supplemental Grants in Support of State, Local, or Private
Matching.--
(1) In general.--The Secretary may issue a supplemental
grant to an operator, subject to the requirements of this
paragraph.
(2) Dollar-for-dollar matching.--If a qualified entity
provides an operator an amount equal to or greater than the
amount of a grant provided in a fiscal year under subsection
(d) (for the explicit purpose of matching such grant), the
Secretary may issue a supplemental grant to the operator that
is equal to 25 percent of such grant in the following fiscal
year.
(3) Additional non-federal matching.--If a qualified entity
provides an operator an amount equal to or greater than two
times the amount of a grant provided in a fiscal year to the
operator under subsection (d) (for the explicit purpose of
matching such grant), the Secretary may issue a supplemental
grant to the operator that is equal to 50 percent of such grant
in the following fiscal year.
(4) Supplemental grant limitations.--
(A) Match timing.--The Secretary may issue a
supplemental grant under paragraph (2) or (3) only if
an amount provided by a qualified entity is provided to
the operator in the same fiscal year as the grant
issued under subsection (d).
(B) Non-duplication of matching grants.--If the
Secretary issues a supplemental grant to the operator
of a launch site under paragraph (3), the Secretary may
not issue a supplemental grant under paragraph (2) to
the same operator in the same fiscal year.
(5) Non-application of grant ceiling.--The limitation on a
grant amount under subsection (d)(2) shall not apply to
supplemental grants issued under this subsection.
(f) Funding.--
(1) Pilot program grant funds.--The grants issued under
this section shall be issued from funds made available out of
amounts available under section 106(k) of title 49, United
States Code.
(2) Maximum annual limit on pilot program.--
(A) In general.--The total amount of all grants
issued under this section shall not exceed $20,000,000
in any fiscal year.
(B) Grant reduction.--In complying with
subparagraph (A), the Secretary--
(i) may proportionally reduce the amount
of, or decline to issue, a supplemental grant
under subsection (e); and
(ii) if the reduction under clause (i) is
insufficient, shall proportionally reduce
grants issued under subsection (d).
(g) Definitions.--In this section:
(1) Covered transportation activity.--The term ``covered
transportation activity'' means the movement of people or
property to, from, or within a launch site and the necessary or
incidental activities associated with such movement through the
use of--
(A) a vehicle (as defined in section 4 of title 1,
United States Code);
(B) a vessel (as defined in section 3 of title 1,
United States Code);
(C) a railroad (as defined in section 20102 of
title 49, United States Code);
(D) an aircraft (as defined in section 40102 of
title 49, United States Code); or
(E) a pipeline facility (as defined in section
60101 of title 49, United States Code).
(2) Launch; launch site; launch vehicle; reentry site;
reentry vehicle.--The terms ``launch'', ``launch site'',
``launch vehicle'', ``reentry site'', and ``reentry vehicle''
have the meanings given those terms in section 50902 of title
51, United States Code.
(3) Operator.--The term ``operator'' means a person
licensed by the Secretary to operate a launch or reentry site.
(4) Qualified entity.--The term ``qualified entity'' means
a State, local, territorial, or Tribal government or private
sector entity, or any combination thereof.
(h) Pilot Program Sunset.--This section shall cease to be effective
on October 1, 2028.
SEC. 683. AIRSPACE ACCESS FOR HIGH-SPEED AIRCRAFT.
(a) High-speed Aircraft Testing.--Not later than 2 years after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with any other Federal agency
the Administrator determines appropriate, shall ensure that there is a
process in which manufacturers and operators of high-speed aircraft can
engage in flight testing of such high-speed aircraft, which may include
the establishment of high speed testing corridors in the national
airspace system.
(b) Study on High-speed Aircraft Operations.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall, after consultation with aircraft
manufacturers, institutions of higher learning, the
Administrator of the National Aeronautics and Space
Administration, the Secretary of Defense, and any other
agencies the Administrator determines appropriate, conduct a
study to assess actions necessary to facilitate the safe
operation and integration of high-speed aircraft into the
national airspace system.
(2) Contents.--In carrying out the study under paragraph
(1), the Administrator shall--
(A) assess various altitudes and operating
conditions of high-speed aircraft in Class E airspace
above the upper boundary of Class A airspace and the
resulting aircraft noise levels at the surface;
(B) include the development of a framework and
timeline to establish the appropriate regulatory
requirements to conducting high-speed aircraft flights;
(C) identify the data required to develop
certification, flight standards, and air traffic
requirements for the deployment and integration of
high-speed aircraft;
(D) assess cross-agency equities related to high-
speed aircraft technologies and flight; and
(E) survey global high-speed aircraft-related
regulatory and testing developments or activities.
(3) Recommendations.--As part of the study under paragraph
(1), the Administrator shall issue recommendations to update,
if feasible, regulations for certification, flight standards
and air traffic management.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted under subsection (a),
including the recommendations under subsection (b)(3), to facilitate
the safe operation and integration of high-speed aircraft in the
national airspace system.
(d) Study and Rulemaking on High Altitude Class E Airspace Flight
Operations.--
(1) Consultation.--Not later than 12 months after the date
of enactment of this Act, 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.
(2) Rulemaking.--Not later than 2 years after the date on
which the Administrator identifies the minimum altitude
described in paragraph (1), 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 paragraph (1) without
specific authorizations, provided that such flight operations--
(A) show compliance with airworthiness
requirements;
(B) do not cause a measurable sonic boom over
pressure to reach the surface; and
(C) have ordinary instrument flight rules
clearances necessary to operate in controlled airspace.
(e) Definition.--In this section, the term ``high-speed aircraft''
means an aircraft operating at speeds in excess of Mach 1, which shall
include supersonic and hypersonic aircraft.
SEC. 684. ICAO ACTIVITIES ON NEW TECHNOLOGIES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall prioritize engagement with the International Civil
Aviation Organization and contribute to or lead the development of
international standards and recommended practices to improve aviation
safety and support the entry-into-service of new forms of aviation.
(b) Particular Activities.--In carrying out subsection (a), the
Administrator shall contribute to or lead International Civil Aviation
Organization efforts with respect to the development of landing and
take-off noise standards for supersonic aircraft.
SEC. 685. AIP ELIGIBILITY FOR CERTAIN SPACEPORT INFRASTRUCTURE.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Transportation may make a grant under subchapter I of
chapter 471 of title 49, United States Code, to an airport sponsor to
reconstruct, repave, or rehabilitate the full length and width of a
runway, including connecting taxiways, if the runway is existing on the
date of enactment of this Act if--
(1) the runway is at an airport that is also a launch site
or reentry site operated by a person certified under section
50905 of title 51, United States Code;
(2) the runway is greater than 12,000 feet long and not
less than 200 feet wide; and
(3) the airport sponsor certifies to the Secretary that the
full length and width of the runways and taxiways are required
to support activities at the launch site.
(b) Sunset.--This section shall cease to be effective on September
30, 2028.
SEC. 686. COMMERCIAL SPACE LAUNCH AND REENTRY STATISTICS.
Section 329(b) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking ``aeronautical'' and
inserting ``aerospace'';
(2) in paragraph (3) by striking ``civil aeronautics'' and
inserting ``civil aerospace'';
(3) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(4) by inserting after paragraph (1) the following:
``(2) collect and disseminate information on commercial
space launch and reentry operations (other than that collected
and disseminated by the National Transportation Safety Board
under chapter 11) including, at a minimum, information on the
number of launches or reentries licensed by the Secretary, the
number of space flight participants, the number of payloads,
and the mass of payloads, organized by class of orbit;''.
SEC. 687. REPORT ON CERTAIN INFRASTRUCTURE NEEDS.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Transportation shall submit to the Committee on
Transportation and Infrastructure and the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
infrastructure needs at Federal Aviation Administration-licensed
horizontal and vertical launch sites located in rural communities.
SEC. 688. AIRSPACE INTEGRATION FOR SPACE LAUNCH AND REENTRY.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) a safe and efficient national airspace system that
successfully supports existing users and integrates new
entrants is of the utmost importance;
(2) both commercial aviation and space launch and reentry
operations are vital to United States global leadership,
national security, and economic opportunity;
(3) aircraft hazard areas are necessary during space launch
and reentry operations to ensure public safety; and
(4) the Administrator of Federal Aviation Administration
should prioritize the development and deployment of
technologies to improve visibility of space launch and reentry
operations within Administration computer systems and minimize
operational workload to air traffic controllers associated with
routing traffic during spaceflight launch and reentry
operations.
(b) Space Launch and Reentry Airspace Integration Technology.--
There is authorized to be appropriated $10,000,000 for each of the
fiscal years 2024 through 2028, or until such time as the Administrator
determines that the project has reached an operational status, for the
Administrator to expedite the development, acquisition, and deployment
of technologies or capabilities to aid in space launch and reentry
integration, which may include technologies recommended by the Airspace
Access Priorities Aviation Rulemaking Committee in 2019, systems to
enable the integration of launch and reentry data directly onto air
traffic controller displays, and automated systems to enable near real-
time planning and dynamic rerouting of commercial aircraft during and
following commercial space launch and reentry operations, with the
objective of operational readiness not later than December 31, 2026.
TITLE VII--PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A--General Provisions
SEC. 701. ADVERTISEMENTS AND SOLICITATIONS FOR PASSENGER AIR
TRANSPORTATION.
(a) Full Fare Advertising.--Section 41712 of title 49, United
States Code, is further amended by adding at the end the following:
``(e) Full Fare Advertising.--
``(1) In general.--It shall not be an unfair or deceptive
practice under subsection (a) for a covered entity to state in
an advertisement or solicitation for passenger air
transportation the base airfare for such air transportation if
the covered entity clearly and separately discloses--
``(A) the government-imposed taxes and fees
associated with the air transportation; and
``(B) the total cost of the air transportation.
``(2) Form of disclosure.--
``(A) In general.--For purposes of paragraph (1),
the information described in paragraphs (1)(A) and
(1)(B) shall be disclosed in the advertisement or
solicitation in a manner that clearly presents the
information to the consumer.
``(B) Internet advertisements and solicitations.--
For purposes of paragraph (1), with respect to an
advertisement or solicitation for passenger air
transportation that appears on a website, the
information described in paragraphs (1)(A) and (1)(B)
may be disclosed through a link or pop-up, as such
terms may be defined by the Secretary, in a manner that
is easily accessible and viewable by the consumer.
``(3) Definitions.--In this subsection:
``(A) Base airfare.--The term `base airfare' means
the cost of passenger air transportation, excluding
government-imposed taxes and fees.
``(B) Covered entity.--The term `covered entity'
means an air carrier, including an indirect air
carrier, foreign carrier, ticket agent, or other person
offering to sell tickets for passenger air
transportation or a tour, or tour component, that must
be purchased with air transportation.''.
(b) Limitation on Statutory Construction.--Nothing in the amendment
made by subsection (b) may be construed to affect any obligation of a
person that sells passenger air transportation to disclose the total
cost of such air transportation, including government-imposed taxes and
fees, prior to purchase of such air transportation.
(c) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue final
regulations to carry out the amendment made by subsection (a).
(d) Statutory Construction.--Nothing in this section may be
construed to limit or otherwise affect the authority of the Secretary
to regulate the disclosure of air carrier-imposed fees, or alter the
requirements under part 399 of title 14, Code of Federal Regulations,
as such part relates to air carrier-imposed fees.
(e) Effective Date.--This section, and the amendment made by this
section, shall take effect on the date that is 180 days after the date
of enactment of this Act.
SEC. 702. MODERNIZATION OF CONSUMER COMPLAINT SUBMISSIONS.
Section 42302 of title 49, United States Code, is amended to read
as follows:
``Sec. 42302. Consumer complaints
``(a) In General.--The Secretary of Transportation shall--
``(1) maintain an accessible website through the Office of
Aviation Consumer Protection to accept the submission of
complaints from airline passengers regarding air travel service
problems; and
``(2) take appropriate actions to notify the public of such
accessible website.
``(b) Notice to Passengers on the Internet.--An air carrier or
foreign air carrier providing scheduled air transportation using any
aircraft that as originally designed has a passenger capacity of 30 or
more passenger seats shall include on the accessible website of the
carrier--
``(1) the accessible website, e-mail address, or telephone
number of the air carrier for the submission of complaints by
passengers about air travel service problems; and
``(2) the accessible website maintained pursuant to
subsection (a).
``(c) Use of Additional or Alternative Technologies.--The Secretary
shall periodically evaluate the benefits of using mobile phone
applications or other widely used technologies to--
``(1) provide additional or alternative means for air
passengers to submit complaints; and
``(2) provide such additional or alternative means as the
Secretary determines appropriate.
``(d) Air Ambulance Providers.--Each air ambulance provider shall
include the accessible website, or a link to such accessible website,
maintained pursuant to subsection (a) and the contact information for
the Aviation Consumer Advocate established by section 424 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 42302 note) on--
``(1) any invoice, bill, or other communication provided to
a passenger or customer of such provider; and
``(2) the accessible website and any related mobile device
application of such provider.''.
SEC. 703. CODIFICATION OF CONSUMER PROTECTION PROVISIONS.
(a) Passenger Rights.--Subchapter I of chapter 417 of title 49,
United States Code, is amended by adding at the end the following:
``Sec. 41727. Passenger rights
``(a) Guidelines.--The Secretary of Transportation shall require
each air carrier and foreign air carrier to submit a summarized 1-page
document that describes the rights of passengers in air transportation,
including guidelines for the following:
``(1) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight delays of various lengths.
``(2) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight diversions.
``(3) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight cancellations.
``(4) Compensation for mishandled baggage, wheelchairs,
mobility aids and other assistive devices, including delayed,
damaged, pilfered, or lost baggage, wheelchairs, mobility aids
and other assistive devices.
``(5) Voluntary relinquishment of a ticketed seat due to
overbooking or priority of other passengers.
``(6) Involuntary denial of boarding and forced removal for
whatever reason, including for safety and security reasons.
``(b) Filing of Summarized Guidelines.--Not later than 90 days
after each air carrier and foreign air carrier submits the 1-page
document to the Secretary under subsection (a), each such air carrier
and foreign air carrier shall make available such 1-page document in a
prominent location on its website.''.
(b) Airline Passengers With Disabilities Bill of Rights.--
Subchapter I of chapter 417 of title 49, United States Code, is further
amended by adding at the end the following:
``Sec. 41728. Airline passengers with disabilities bill of rights
``(a) Airline Passengers With Disabilities Bill of Rights.--The
Secretary of Transportation shall develop a document, to be known as
the `Airline Passengers with Disabilities Bill of Rights', using plain
language to describe the basic protections and responsibilities of air
carriers and foreign air carriers, their employees and contractors, and
people with disabilities under section 41705.
``(b) Content.--In developing the Airline Passengers with
Disabilities Bill of Rights under subsection (a), the Secretary shall
include, at a minimum, plain language descriptions of protections and
responsibilities provided in law related to the following:
``(1) The right of passengers with disabilities to be
treated with dignity and respect.
``(2) The right of passengers with disabilities to receive
timely assistance, if requested, from properly trained air
carrier, foreign air carrier, and contractor personnel.
``(3) The right of passengers with disabilities to travel
with wheelchairs, mobility aids, and other assistive devices,
including necessary medications and medical supplies, including
stowage of such wheelchairs, aids, and devices.
``(4) The right of passengers with disabilities to receive
seating accommodations, if requested, to accommodate a
disability
``(5) The right of passengers with disabilities to receive
announcements in an accessible format.
``(6) The right of passengers with disabilities to speak
with a complaint resolution officer or to file a complaint with
an air carrier, a foreign air carrier, or the Department of
Transportation.
``(c) Rule of Construction.--The development of the Airline
Passengers with Disabilities Bill of Rights under subsections (a) and
(b) shall not be construed as expanding or restricting the rights
available to passengers with disabilities on the day before the date of
the enactment of the FAA Reauthorization Act of 2018 (Public Law 115-
254) pursuant to any statute or regulation.
``(d) Consultations.--In developing the Airline Passengers with
Disabilities Bill of Rights under subsection (a), the Secretary shall
consult with stakeholders, including disability organizations and air
carriers, foreign air carriers, and their contractors.
``(e) Display.--Each air carrier and foreign air carrier shall
include the Airline Passengers with Disabilities Bill of Rights--
``(1) on a publicly available internet website of the
carrier; and
``(2) in any pre-flight notifications or communications
provided to passengers who alert the carrier in advance of the
need for accommodations relating to a disability.
``(f) Training.--
``(1) In general.--Air carriers, foreign air carriers, and
contractors of such carriers shall submit to the Secretary
plans that ensure that employees of such carriers and their
contractors receive training on the protections and
responsibilities described in the Airline Passengers with
Disabilities Bill of Rights.
``(2) Review.--The Secretary shall review such plans to
ensure the plans address the matters described in subsection
(b).''.
(c) Conforming Amendments.--The analysis for chapter 417 of title
49, United States Code, is amended by inserting after the item relating
to section 41726 the following:
``41727. Passenger rights.
``41728. Airline passengers with disabilities bill of rights.''.
(d) Conforming Repeals.--Sections 429 and 434 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 42301 note; 41705 note) and the
item relating to such sections in the table of contents in section 1(b)
of such Act are repealed.
SEC. 704. EXTENSION OF AVIATION CONSUMER PROTECTION ADVISORY COMMITTEE.
Section 411 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 42301 note) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) ticket agents and travel management companies;''; and
(2) in subsection (h) by striking ``2023'' and inserting
``2028''; and
SEC. 705. REMOVAL OF OUTDATED REFERENCES TO PASSENGERS WITH
DISABILITIES.
(a) Sovereignty and Use of Airspace.--Section 40103(a)(2) of title
49, United States Code, is amended by striking ``handicapped
individuals'' and inserting ``individuals with disabilities''.
(b) Special Prices for Foreign Air Transportation.--Section
41511(b)(4) of title 49, United States Code, is amended by striking
``handicap'' and inserting ``disability''.
(c) Discrimination Against Individuals With Disabilities.--Section
41705 of title 49, United States Code, is amended in the heading by
striking ``handicapped individuals'' and inserting ``individuals with
disabilities''.
(d) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, is amended by striking the item relating to section
41705 and inserting the following:
``41705. Discrimination against individuals with disabilities.''.
SEC. 706. 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. 707. AIR CARRIER ACCESS ACT ADVISORY COMMITTEE.
(a) In General.--Section 439 of the FAA Reauthorization Act of 2018
(49 U.S.C. 41705 note) is amended--
(1) in the section heading by striking ``advisory committee
on the air travel needs of passengers with disabilities'' and
inserting ``air carrier access act advisory committee'';
(2) in subsection (c)(1) by striking subparagraph (G) and
inserting the following:
``(G) Manufacturers of wheelchairs, including
powered wheelchairs, and other mobility aids.''; and
(3) in subsection (g) by striking ``2023'' and inserting
``2028''.
(b) Conforming Amendment.--Section 1(b) of the FAA Reauthorization
Act of 2018 (Public Law 115-254) is amended by striking the item
relating to section 439 and inserting the following:
``Sec. 439. Air Carrier Access Act advisory committee.''.
SEC. 708. PASSENGER EXPERIENCE ADVISORY COMMITTEE.
(a) In General.--The Secretary of Transportation shall establish an
advisory committee to advise the Secretary and the Administrator of the
Federal Aviation Administration in carrying out activities relating to
the improvement of the passenger experience in air transportation
customer service.
(b) Membership.--The Secretary shall appoint the members of the
advisory committee, which shall be comprised of at least 1
representative of each of--
(1) mainline air carriers;
(2) air carriers with a low-cost or ultra-low-cost business
model;
(3) regional air carriers;
(4) large hub airport sponsors and operators;
(5) medium hub airport sponsors and operators;
(6) small hub airport sponsors and operators;
(7) nonhub airport sponsors and operators;
(8) ticket agents;
(9) representatives of intermodal transportation companies
that operate at airports;
(10) airport concessionaires;
(11) nonprofit public interest groups with expertise in
consumer protection matters;
(12) senior managers of the Administration's Air Traffic
Organization;
(13) aircraft manufacturers;
(14) entities representing individuals with disabilities;
(15) certified labor organizations representing aviation
workers, including--
(A) Federal Aviation Administration employees;
(B) airline pilots working for air carriers
operating under part 121 of title 14, Code of Federal
Regulations;
(C) flight attendants working for air carriers
operating under part 121 of title 14, Code of Federal
Regulations; and
(D) other customer facing airline and airport
workers;
(16) other organizations or industry segments as determined
by the Secretary; and
(17) other Federal agencies that directly interface with
passengers at airports.
(c) Vacancies.--A vacancy in the advisory committee under this
section shall be filled in a manner consistent with subsection (b).
(d) Travel Expenses.--Members of the advisory committee under this
section shall serve without pay but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
subchapter I of chapter 57 of title 5, United States Code.
(e) Chair.--The Secretary shall designate an individual among the
individuals appointed under subsection (b) to serve as Chair of the
advisory committee.
(f) Duties.--The duties of the advisory committee shall include--
(1) evaluating ways to improve the comprehensive passenger
experience, including--
(A) transportation between airport terminals and
facilities;
(B) baggage handling;
(C) wayfinding;
(D) the security screening process; and
(E) the communication of flight delays and
cancellations;
(2) evaluating ways to improve efficiency in the national
airspace system affecting passengers;
(3) evaluating ways to improve the cooperation and
coordination between the Department of Transportation and other
Federal agencies that directly interface with aviation
passengers at airports;
(4) responding to other taskings determined by the
Secretary; and
(5) providing recommendations to the Secretary and the
Administrator, if determined necessary during the evaluations
considered in paragraphs (1) through (4).
(g) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the Secretary
shall submit to Congress a report containing--
(1) consensus recommendations made by the advisory
committee since such date of enactment or the previous report,
as appropriate; and
(2) an explanation of how the Secretary has implemented
such recommendations and, for such recommendations not
implemented, the Secretary's reason for not implementing such
recommendation.
(h) Definition.--The definitions in section 40102 of title 49,
United States Code, shall apply to this section.
(i) Sunset.--This section shall cease to be effective on October 1,
2028.
(j) Termination of DOT ACCESS Advisory Committee.--The ACCESS
Advisory Committee of the Department of Transportation shall terminate
on the date of enactment of this Act.
SEC. 709. STREAMLINING OF OFFLINE TICKET DISCLOSURES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall take such
action as may be necessary to update the process by which an air
carrier or ticket agent is required to fulfill disclosure obligations
in ticketing transactions for air transportation not completed through
a website.
(b) Requirements.--The process updated under subsection (a) shall--
(1) include means of referral to the applicable air carrier
website with respect to disclosures related to air carrier
optional fees and policies;
(2) include a means of referral to the website of the
Department of Transportation with respect to any other required
disclosures to air transportation passengers;
(3) make no changes to air carrier or ticket agent
obligations with respect to--
(A) section 41712(c) of title 49, United States
Code; or
(B) subsections (a) and (b) of section 399.84 of
title 14, Code of Federal Regulations (or any successor
regulations); and
(4) require disclosures referred to in paragraphs (1) and
(2) to be made in the manner existing prior to the date of
enactment of this Act upon passenger request.
(c) Air Carrier Defined.--In this section, the term ``air carrier''
has the meaning given such term in section 40102(a) of title 49, United
States Code.
SEC. 710. TICKET AGENT REFUND OBLIGATIONS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall issue a
final rule to revise section 399.80 of title 14, Code of Federal
Regulations, to clarify the refund obligations of ticket agents.
(b) Conditions.--In issuing the final rule under subsection (a),
the Secretary shall clarify that a ticket agent shall provide a refund
only when such ticket agent possesses, or has access to, the funds of a
passenger.
(c) Definitions.--In this section, the term ``ticket agent'' has
the meaning given such term in section 40102(a) of title 49, United
States Code.
SEC. 711. UPDATING PASSENGER INFORMATION REQUIREMENT REGULATIONS.
(a) ARAC Tasking.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall task the Aviation Rulemaking Advisory Committee
with--
(1) reviewing passenger information requirement regulations
under section 121.317 of title 14, Code of Federal Regulation,
and such other related regulations as the Administrator
determines appropriate; and
(2) making recommendations to update and improve such
regulations.
(b) Final Regulation.--Not later than 6 years after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue a final regulation revising section 121.317
of title 14, Code of Federal Regulations, and such other related
regulations as the Administrator determines appropriate, to--
(1) update such section and regulations to incorporate
exemptions commonly issued by the Administrator;
(2) reflect civil penalty inflation adjustments; and
(3) incorporate such updates and improvements recommended
by the Aviation Rulemaking Advisory Committee that the
Administrator determines appropriate.
SEC. 712. MOBILITY AIDS ON BOARD IMPROVE LIVES AND EMPOWER ALL.
(a) Publication of Cargo Hold Dimensions.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
require air carriers to publish on a prominent and easily
accessible place on the public website of the air carrier,
information describing the relevant dimensions and other
characteristics of the cargo holds of all aircraft types
operated by the air carrier, including the dimensions of the
cargo hold entry, that would limit the size, weight, and
allowable type of cargo available.
(2) Proprietary information.--The Secretary shall allow an
air carrier to protect the confidentiality of any trade secret
or proprietary information submitted in accordance with
paragraph (1), as appropriate.
(b) Refund Required for Individual Traveling With Wheelchair.--In
the case of a qualified individual with a disability traveling with a
wheelchair who has purchased a ticket for a flight from an air carrier,
but who cannot travel on the aircraft for such flight because the
wheelchair of such qualified individual cannot be physically
accommodated in the cargo hold of the aircraft, the Secretary shall
require such air carrier to offer a refund to such qualified individual
of any previously paid fares, fees, and taxes applicable to such
flight.
(c) Evaluation of Data Regarding Damaged Wheelchairs.--Not later
than 12 months after the date of enactment of this Act, and annually
thereafter, the Secretary shall--
(1) evaluate data regarding the type and frequency of
incidents of the mishandling of wheelchairs on aircraft and
delineate such data by--
(A) types of wheelchairs involved in such
incidents; and
(B) the ways in which wheelchairs are mishandled,
including the type of damage to wheelchairs (such as
broken drive wheels or casters, bent or broken frames,
damage to electrical connectors or wires, control input
devices, joysticks, upholstery or other components,
loss, or delay of return);
(2) determine whether there are trends with respect to the
data evaluated under paragraph (1); and
(3) make available on the public website of the Department
of Transportation, in an accessible manner, a report containing
the results of the evaluation of data and determination made
under paragraphs (1) and (2) and a description of how the
Secretary plans to address such results.
(d) Feasibility of In-cabin Wheelchair Restraint Systems.--
(1) Roadmap.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a publicly available strategic
roadmap that describes how the Department of Transportation and
the United States Access Board, respectively, shall, in
accordance with the recommendations from the National Academies
of Science, Engineering, and Mathematics Transportation
Research Board Special Report 341--
(A) establish a program of research, in
collaboration with the Rehabilitation Engineering and
Assistive Technology Society of North America, the
assistive technology industry, air carriers, original
equipment manufacturers, national disability and
disabled veterans organizations, and any other relevant
stakeholders, to test and evaluate an appropriate
selection of WC19-compliant wheelchairs and accessories
in accordance with applicable Federal Aviation
Administration crashworthiness and safety performance
criteria, including the issues and considerations set
forth in such Special Report 341; and
(B) sponsor studies that assess issues and
considerations, including those set forth in such
Special Report 341, such as--
(i) the likely demand for air travel by
individuals who are nonambulatory if such
individuals could remain seated in their
personal wheelchairs in flight; and
(ii) the feasibility of implementing
seating arrangements that would accommodate
passengers in wheelchairs in the main cabin in
flight.
(2) 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 Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a publicly available
report describing the results of the study conducted under
paragraph (2), together with any recommendations the Secretary
determines appropriate.
(e) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(2) Disability; qualified individual with a disability.--
The terms ``disability'' and ``qualified individual with a
disability'' have the meanings given such terms in section
382.3 of title 14, Code of Federal Regulations (as in effect on
date of enactment of this Act).
(3) Wheelchair.--The term ``wheelchair'' has the meaning
given such term in section 37.3 of title 49, Code of Federal
Regulations (as in effect on date of enactment of this Act),
including power wheelchairs, manual wheelchairs, and scooters.
SEC. 713. PRIORITIZING ACCOUNTABILITY AND ACCESSIBILITY FOR AVIATION
CONSUMERS.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary of
Transportation shall provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on
disability-related aviation consumer complaints filed with the
Department of Transportation, and shall make each annual report
publicly available.
(b) Scope of Report.--In each report required under subsection (a),
the Secretary shall include, at minimum, a description of the
following:
(1) The number of disability-related aviation consumer
complaints filed with the Department of Transportation during
the calendar year preceding the year in which such report is
submitted.
(2) The nature of such complaints, such as reported issues
with--
(A) an air carrier;
(B) mishandling of passengers with a disability,
including mishandling of a wheelchair, mobility aid, or
other accessibility equipment of a passenger by an air
carrier;
(C) the condition or availability of accessibility
equipment or materials operated by an air carrier;
(D) the accessibility of in-flight services,
including accessing and utilizing onboard lavatories,
for passengers with a disability;
(E) difficulties experienced by passengers with a
disability in communicating with an air carrier
employee;
(F) difficulties experienced by passengers with a
disability in being moved, handled, or otherwise
assisted;
(G) an air carrier changing the flight itinerary of
a passenger with a disability without the consent of
such passenger;
(H) difficulties experienced by passengers with a
disability traveling with a service animal; and
(I) any other issues the Secretary of
Transportation determines appropriate.
(3) The review process for such complaints.
(4) The average amount of days before the Department
initiated a formal review of such complaints.
(5) The average amount of days until such complaints were
resolved by the Department.
(6) The number of such complaints that resulted in
dismissal, a civil monetary penalty, or other injunctive
relief.
(7) Of the complaints that were found to violate section
41705 of title 49, United States Code--
(A) the number of such complaints for which a
formal enforcement order was issued; and
(B) the number of such complaints for which a
formal enforcement order was not issued.
(8) The number of disability-related aviation consumer
complaints filed with the Department of Transportation
involving airport staff or other matters under the jurisdiction
of the Federal Aviation Administration that were referred to
the Federal Aviation Administration.
(9) The number of disability-related aviation consumer
complaints filed with the Department of Transportation
involving Transportation Security Administration staff that
were referred to the Transportation Security Administration or
the Department of Homeland Security.
(c) Report to Congress.--The Secretary shall submit annually to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the report required under subsection (a).
(d) Definitions.--In this section:
(1) In general.--Except as otherwise provided, the terms
used in this section have the meanings given such terms in
section 40102 of title 49, United States Code, or section 382.3
of title 14, Code of Federal Regulations, as applicable.
(2) Air carrier.--The term ``air carrier'' means an air
carrier conducting passenger operations under part 121 of title
14, Code of Federal Regulations.
(3) Passenger with a disability.--The term ``passenger 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. 714. AIRCRAFT ACCESSIBILITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall initiate a
program to study and evaluate improvements to transport category
aircraft accessibility, including--
(1) determining whether and, if so, how personal
wheelchairs, including manual and powered wheelchairs, can be
safely secured in the passenger seating areas of an aircraft
certificated under part 25 of title 14, Code of Federal
Regulations;
(2) considering the safe evacuation processes for such
aircraft, including individuals who use manual and powered
wheelchairs; and
(3) determining how various types or aircraft described in
paragraph (1) can safely and efficiently be retrofit for
accessible lavatories.
(b) Report and Recommendations.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the study and
evaluation described in subsection (a) and recommendations to address
the findings of such study and evaluation.
SEC. 715. ACCESSIBILITY OF WEBSITES, SOFTWARE APPLICATIONS, AND KIOSKS
FOR INDIVIDUALS WITH DISABILITIES.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation shall, in direct consultation with the
United States Architectural and Transportation Barriers Compliance
Board, prescribe regulations setting forth minimum standards to ensure
that individuals with disabilities are able to access kiosks, software
applications, and websites in a manner that is equally as effective as
individuals without disabilities, with a substantially equivalent ease
of use. Such standards shall be consistent with the standards set forth
in the Web Content Accessibility Guidelines 2.1 Level AA of the Web
Accessibility Initiative of the World Wide Web Consortium or any
subsequent version.
SEC. 716. REVIEW OF METHODS TO REPORT FLIGHT DELAY AND CANCELLATION
STATISTICS.
(a) In General.--No later than 1 year after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the
Administrator of the Federal Aviation Administration, shall conduct a
review of the means of reporting flight delay and cancellation
statistics to the Secretary and the accuracy of such data.
(b) Coordination Requirement.--In conducting the review required in
paragraph (1), the Secretary shall coordinate and collaborate with air
carriers (as such term is defined in section 40102 of title 49, United
States Code) to assist in conducting the review and providing
recommendations on improving the means of reporting flight delay and
cancellation statistics to the Secretary and the accuracy of such data.
SEC. 717. REIMBURSEMENT FOR INCURRED COSTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall direct all air
carriers providing scheduled passenger interstate or intrastate air
transportation to establish policies regarding reimbursement for
lodging, transportation between such lodging and the airport, and meal
costs incurred due to a flight cancellation or significant delay
directly attributable to the air carrier.
(b) Definition of Significantly Delayed.--In this section, the term
``significantly delayed'' means, with respect to air transportation,
the departure or arrival at the originally ticketed destination
associated with such transportation has changed--
(1) in the case of air transportation within the United
States, by 3 or more hours; or
(2) in the case of air transportation to or from a location
outside the United States, by 6 or more hours.
SEC. 718. AIRLINE OPERATIONAL RESILIENCY PLANS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall require a covered
carrier to develop and regularly update an operational resiliency
strategy to prevent or limit the impact of future flight disruptions on
passengers.
(b) Operational Resiliency Strategy.--In each operational
resiliency strategy developed under subsection (a), a covered carrier
shall include a description of--
(1) the potential impact of severe weather and other
reasonably anticipated disruptive events on the operations of
the carrier and how the carrier seeks to prevent or limit the
impact of such events on passengers;
(2) the potential impact of severe weather events and other
reasonably anticipated disruptive events on--
(A) staffing models and the preparedness of the
current workforce of the carrier to address such
conditions; and
(B) the current information and technology systems
of the carrier, including crew scheduling systems, and
the preparedness of such systems to continue operations
after such an event or disruption;
(3) the preparedness of the carrier to maintain operations
and limit or prevent the impact of other potential disruptive
events identified by the carrier;
(4) the extent to which the carrier addresses known
cybersecurity risks to prevent potential flight disruptions;
and
(5) any other issues the Secretary determines appropriate
to protect consumers and maintain the operational stability of
the airline industry.
(c) Proprietary Information.--The Secretary shall develop a method
to protect the confidentiality of any trade secret or proprietary
information submitted in an operational resiliency strategy under
subsection (b).
(d) Evaluation.--
(1) Audit.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate an audit to evaluate the effectiveness of
the operational resiliency strategies developed under this
section by covered air carriers.
(2) Report.--Not later than 1 year after completion of the
audit conducted under paragraph (1), the Comptroller General
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the findings of the audit.
(e) Covered Carrier.--In this section, the term ``covered carrier''
has the meaning given such term in section 259.3 of title 14, Code of
Federal Regulations (or successor regulations).
SEC. 719. FAMILY SEATING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation 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. 720. SEAT DIMENSIONS.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall--
(1) initiate a rulemaking activity based on the regulation
described in section 577 of the FAA Reauthorization Act of 2018
(49 U.S.C. 42301 note); and
(2) if the Administrator decides not to pursue the
rulemaking described in paragraph (1), the Administrator shall
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 justification
of such decision.
SEC. 721. IMPROVED TRAINING STANDARDS FOR ASSISTING PASSENGERS WHO USE
WHEELCHAIRS.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall issue a
notice of proposed 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 who assist passengers who use wheelchairs who must board or
deplane using an aisle chair or other boarding device--
(1) complete refresher training within 18 months and be
recertified on the job within 18 months by a superior in order
to remain qualified for providing aisle chair assistance; and
(2) be able to successfully demonstrate 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 developing and
reviewing training; and
(2) whether individuals able to provide boarding and
deplaning assistance for passengers with limited or no mobility
should receive training incorporating procedures from medical
professionals on how to properly lift these passengers.
(d) Final Rule.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall issue a final rule pursuant
to the rulemaking conducted under this section.
(e) Penalties.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States Code, to any
air carrier or foreign air carrier who fails to meet the requirements
established under the final rule under subsection (d).
SEC. 722. TRAINING STANDARDS FOR STOWAGE OF WHEELCHAIRS AND SCOOTERS.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall issue a
notice of proposed rulemaking to develop minimum training standards
related to stowage of wheelchairs and scooters used by passengers with
disabilities on aircraft.
(b) Requirements.--The training standards developed under
subsection (a) shall require, at a minimum, that personnel and
contractors of air carriers and foreign air carriers who stow
wheelchairs and scooters on aircraft--
(1) complete refresher training within 18 months and be
recertified on the job within 18 months 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 on a common design for power and manual
wheelchairs and scooters for stowage on each aircraft
type operated by the air carrier or foreign air
carrier.
(B) How to properly review any wheelchair or
scooter information provided by the passenger or the
wheelchair or scooter manufacturer.
(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 whether to require air
carriers and foreign air carriers to partner with wheelchair or scooter
manufacturers, national disability and disabled veterans organizations
representing individuals who use wheelchairs and scooters, and aircraft
manufacturers, in developing training.
(d) Final Rule.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall issue a final rule pursuant
to the rulemaking conducted under this section.
(e) Penalties.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States Code, to any
air carrier or foreign air carrier who fails to meet the requirements
established under the final rule under subsection (d).
SEC. 723. 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) whether the air carrier or foreign
air carrier violated this section or a
regulation prescribed under this section;
``(ii) the facts underlying the complaint;
and
``(iii) any action the Secretary is taking
in response to the complaint.''.
SEC. 724. STANDARDS.
(a) Aircraft Access Standards.--
(1) Standards.--
(A) Advance notice of proposed rulemaking.--Not
later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall issue an
advanced notice of proposed rulemaking regarding
standards to ensure that the aircraft boarding and
deplaning process is accessible, in terms of design
for, transportation of, and communication with,
individuals with disabilities, including individuals
who use wheelchairs.
(B) Notice of proposed rulemaking.--Not later than
1 year after the date on which the advanced notice of
proposed rulemaking under subparagraph (A) is
completed, the Secretary shall issue a notice of
proposed rulemaking regarding standards addressed in
subparagraph (A).
(C) Final rule.--Not later than 1 year after the
date on which the notice of proposed rulemaking under
subparagraph (B) is completed, the Secretary shall
issue a final rule.
(2) Covered airport, equipment, and features.--The
standards prescribed under paragraph (1)(A) shall address, at a
minimum--
(A) boarding and deplaning equipment;
(B) improved procedures to ensure the priority
cabin stowage for manual assistive devices pursuant to
section 382.67 of title 14, Code of Federal
Regulations; and
(C) improved cargo hold storage to prevent damage
to assistive devices.
(3) Consultation.--For purposes of the rulemaking under
this subsection, the Secretary shall consult with the Access
Board and any other relevant department or agency to determine
appropriate accessibility standards.
(b) In-flight Entertainment Rulemaking.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall issue
a notice of proposed rulemaking in accordance with the November 22,
2016, resolution of the Department of Transportation ACCESS Committee
and the consensus recommendation set forth in the Term Sheet Reflecting
Agreement of the Access Committee Regarding In-Flight Entertainment.
(c) Negotiated Rulemaking on In-cabin Wheelchair Restraint Systems
and Enplaning and Deplaning Standards.--
(1) Timing.--
(A) In general.--Not later than 1 year after
completion of the report required by section 712(d)(3),
and if such report finds economic and financial
feasibility of air carriers and foreign air carriers
implementing seating arrangements that accommodate
individuals with disabilities using wheelchairs
(including power wheelchairs, manual wheelchairs, and
scooters) in the main cabin during flight, the
Secretary shall conduct a negotiated rulemaking on new
type certificated aircraft standards for seating
arrangements that accommodate such individuals in the
main cabin during flight or an accessible route to a
minimum of 2 aircraft passenger seats for passengers to
access from personal assistive devices of such
individuals.
(B) Requirement.--The negotiated rulemaking under
subparagraph (A) shall include participation of
representatives of--
(i) air carriers;
(ii) aircraft manufacturers;
(iii) national disability organizations;
(iv) aviation safety experts; and
(v) mobility aid manufacturers.
(2) Notice of proposed rulemaking.--Not later than 1 year
after the completion of the negotiated rulemaking required
under paragraph (1), the Secretary shall issue a notice of
proposed rulemaking regarding the standards described in
paragraph (1).
(3) Final rule.--Not later than 1 year after the date on
which the notice of proposed rulemaking under paragraph (2) is
completed, the Secretary shall issue a final rule regarding the
standards described in paragraph (1).
(4) Considerations.--In the negotiated rulemaking and
rulemaking required under this subsection, the Secretary shall
consider--
(A) a reasonable period for the design,
certification, and construction of aircraft that meet
the requirements;
(B) the safety of all persons on-board the
aircraft, including necessary wheelchair standards and
wheelchair compliance with Federal Aviation
Administration 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) 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, that ensure all
gates (including counters), ticketing areas, and customer service desks
covered under such section at airports are accessible to and usable by
all individuals with disabilities, including through the provision of
visually and tactilely accessible announcements and full and equal
access to aural communications.
(f) Definitions.--In this section:
(1) Access board.--The term ``Access board'' means the
Architectural and Transportation Barriers Compliance Board.
(2) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(3) Individual with a disability.--The term ``individual
with a disability'' has the meaning given such term in section
382.3 of title 14, Code of Federal Regulations.
(4) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given such term in section 40102 of title 49,
United States Code.
SEC. 725. SEATING ACCOMMODATIONS FOR QUALIFIED INDIVIDUALS WITH
DISABILITIES.
(a) In General.--
(1) Advanced notice of proposed rulemaking.--Not later than
180 days after the date of enactment of this section, the
Secretary of Transportation shall issue an advanced notice of
proposed rulemaking regarding seating accommodations for any
qualified individual with a disability.
(2) Notice of proposed rulemaking.--Not later than 2 years
after the date on which the advanced notice of proposed
rulemaking under paragraph (1) is completed, the Secretary
shall issue a notice of proposed rulemaking regarding seating
accommodations for any qualified individual with a disability.
(b) Considerations.--In carrying out the advanced notice of
proposed rulemaking required in subsection (a)(1), the Secretary shall
consider the following:
(1) The scope and anticipated number of qualified
individuals with a disability who--
(A) may need to be seated with a companion to
receive assistance during a flight; or
(B) should be afforded bulkhead seats or other
seating considerations.
(2) The types of disabilities that may need seating
accommodations.
(3) Whether such qualified individuals with a disability
are unable to obtain, or have difficulty obtaining, such a
seat.
(4) The scope and anticipated number of individuals
assisting a qualified individual with a disability who should
be afforded an adjoining seat pursuant to section 382.81 of
title 14, Code of Federal Regulations.
(5) Any notification given to qualified individuals with a
disability regarding available seating accommodations.
(6) Any method that is adequate to identify fraudulent
claims for seating accommodations.
(7) Any other information determined appropriate by the
Secretary.
(c) 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--
(1) accredited programs that train service animals; and
(2) authorized registrars that evaluate service animals.
(d) 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 Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on requests for air travel with service animals, including--
(1) during the reporting period, how many requests to board
an aircraft with a service animal were made; and
(2) the number and percentage of such requests, categorized
by type of request, that were reported by air carriers or
foreign air carriers as--
(A) granted;
(B) denied; or
(C) fraudulent.
(e) Training.--
(1) 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.
(2) Requirements.--The guidance issued under paragraph (1)
shall--
(A) take into account respectful engagement with
and assistance for individuals with a wide range of
visible and non-visible disabilities;
(B) provide information on--
(i) service animal behavior and whether the
service animal is appropriately harnessed,
leashed, or otherwise tethered; and
(ii) the various types of service animals,
such as guide dogs, hearing or signal dogs,
psychiatric service dogs, sensory or social
signal dogs, and seizure response dogs; and
(C) outline the rights and responsibilities of the
handler of the service animal.
(f) Definitions.--In this section, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(3) Qualified individual with a disability.--The term
``qualified individual with a disability'' has the meaning
given that term in section 382.3 of title 14, Code of Federal
Regulations.
(4) Service animal.--The term ``service animal'' has the
meaning given that term in section 382.3 of title 14, Code of
Federal Regulations.
SEC. 726. PROVISION OF DRINKING WATER TO PASSENGERS.
The Administrator of the Federal Aviation Administration shall
issue such regulations as are necessary to require air carriers and
foreign air carriers to provide complementary drinking water to
passengers on all domestic and international flights with a scheduled
duration of 1 hour or more.
SEC. 727. GAO REPORT ON MASS FLIGHT CANCELLATION EVENT.
(a) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the actions of the
Department of Transportation during the period beginning 2 weeks before
July 4th, 2023, and ending two weeks after July 4th, 2023, that
resulted in substantial flight calculations during such period.
(b) Examination.--In developing the report under subsection (a),
the Comptroller general shall examine--
(1) all actions the Secretary of Transportation and the
Administrator of the Federal Aviation Administration took to
mitigate flight disruptions and flight cancellations during
such period; and
(2) any actions not taken by the Secretary or the
Administrator that may have mitigated flight disruptions and
cancellations during such period.
Subtitle B--Air Traffic
SEC. 741. TRANSFERS OF AIR TRAFFIC SYSTEMS ACQUIRED WITH AIP.
Section 44502(e) of title 49, United States Code, is amended--
(1) in paragraph (1) by inserting ``in a noncontiguous
State'' after ``An airport'';
(2) in paragraph (3)--
(A) in subparagraph (B) by striking ``or'' at the
end;
(B) in subparagraph (C) by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(D) a Medium Intensity Approach Lighting System
with Runway Alignment Indicator Lights.''; and
(3) by adding at the end the following:
``(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 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. 742. NEXTGEN PROGRAMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and periodically thereafter as the Administrator
of the Federal Aviation Administration determines appropriate, the
Administrator shall convene Administration officials to evaluate and
expedite the implementation of NextGen programs and capabilities.
(b) Nextgen Program Prioritization.--In allocating amounts
appropriated pursuant to section 48101(a) of title 49, United States
Code, the Secretary of Transportation shall give priority to the
following activities:
(1) Performance-based navigation.
(2) Data communications.
(3) Terminal flight data manager.
(4) Aeronautical information management.
(c) Performance-based Navigation.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall fully implement
performance-based navigation procedures for all terminal and
enroute routes, including approach and departure procedures for
covered airports.
(2) Specific procedures.--Pursuant to paragraph (1), the
Administrator shall prioritize the following performance-based
navigation procedures:
(A) Trajectory-based operations.
(B) Optimized profile descents.
(C) Multiple airport route separation.
(D) Established on required navigation performance.
(E) Converging runway display aids.
(3) Performance-based navigation baseline equipage
requirements.--In carrying out paragraph (1), the Administrator
shall issue such regulations as may be required, and publish
applicable advisory circulars, to establish the equipage
baseline appropriate for aircraft to safely use performance-
based navigation procedures.
(d) Data Communications.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall fully implement
the use of data communications.
(2) Specific capabilities.--In carrying out subsection (a)
and this subsection, the Administrator shall prioritize the
following data communications capabilities:
(A) Ground-to-ground message exchange for surface
aircraft operations and runway safety at airports.
(B) Automated message generation and receipt.
(C) Message routing and transmission.
(D) Direct communications with aircraft avionics.
(E) Implementation of data communications at all
Air Route Traffic Control Centers.
(F) The Future Air Navigation System.
(e) Terminal Flight Data Manager.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Administrator shall replace the
traffic flow management system with the flow data management
system at covered airports.
(2) Electronic flight strips.--In carrying out paragraph
(1), the Administrator shall implement electronic flight
strips, at a minimum, at the air traffic control towers of
covered airports and all terminal radar approach control and
air route traffic control centers.
(f) Aeronautical Information Management Systems.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall fully modernize
the aeronautical information management systems of the Federal
Aviation Administration to improve the functionality,
useability, durability, and reliability of such systems used in
the national airspace system.
(2) Requirements.--In carrying out paragraph (1), the
Administrator shall--
(A) improve the distribution of critical safety
information to pilots, air traffic control, and other
relevant aviation stakeholders;
(B) fully develop and implement the Enterprise
Information Display System; and
(C) notwithstanding a centralized aeronautical
information management system, restructure the back-up
systems of aeronautical information management systems
to be independent and self-sufficient from one another.
(g) Effect of Failure to Meet Deadline.--
(1) Notification of congress.--If the Administrator
determines that the Administration has not or will not meet a
deadline established under subsection (a), (c), (d), or (e),
the Administrator shall, not later than 30 days after such
determination, notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate about the failure to meet the target deadlines.
(2) Contents of notification.--A notification under
paragraph (1) shall be accompanied by the following:
(A) An explanation as to why the agency will not or
did not meet the target deadlines described in such
paragraph.
(B) A description of the actions the Administration
plans to take to meet the target deadlines described in
such paragraph.
(3) Briefing.--If the Administrator is required to provide
notice under paragraph (1), the Administrator shall provide the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate bimonthly, in-person briefings as
to the progress made by the Administration regarding
implementation under the respective subsection for which the
target deadline will not or was not met until such time as the
Administrator has completed the required work under such
subsection.
(h) Nextgen Advisory Committee Consultation.--
(1) In general.--The Administrator shall consult and task
the NextGen Advisory Committee with providing recommendations
on ways to expedite, prioritize, and fully implement NextGen
programs to realize the operational benefits of such programs.
(2) Considerations.--In providing recommendations under
paragraph (1), the NextGen Advisory Committee shall consider--
(A) air traffic throughput of the national airspace
system;
(B) daily operational performance, including delays
and cancellations; and
(C) the potential need for performance-based
operational metrics related to NextGen programs.
(i) Sunset of NextGen Brand.--
(1) In general.-- Not later than 3 years after the date of
enactment of this Act, the Administrator shall terminate the
use of the term ``Next Generation Air Transportation System''
or ``NextGen'' to describe any air traffic control
modernization program of the Administration.
(2) Rule of construction.--Nothing in this subsection shall
be construed to--
(A) terminate any program of the Administration,
including a program that has previously been
represented as being a component of the Next Generation
Air Transportation System or NextGen in budgetary
submission or document of the Administration; or
(B) prohibit the Administrator from maintaining
materials that relate to or reference programs that
have previously been represented as being a component
of the Next Generation Air Transportation System or
NextGen.
(j) Covered Airports Defined.--In this section, the term ``covered
airports'' means the 40 airports in the United States with the highest
number of annual aircraft operations, as of the date of enactment of
this Act.
SEC. 743. AIRSPACE ACCESS.
(a) Coalescing Airspace.--
(1) Review of national airspace system.--Not later than 3
years after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration, in
coordination with the Secretary of Defense, shall conduct a
comprehensive review of the airspace of the national airspace
system, including special use airspace.
(2) Streamlining and expediting access.--In carrying out
paragraph (1), the Administrator shall identify methods to
streamline, expedite, and provide greater flexibility of access
to certain categories of airspace for users of the national
airspace system who may not regularly have access to such
airspace.
(b) Report.--
(1) In general.--Not later than 3 months after the
completion of review the under subsection (a), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report describing the findings of such review and any
recommendations and proposed actions to improve access to
airspace of the national airspace system for the users of such
system.
(2) Contents.--In the report submitted under paragraph (1),
the Administrator shall include, at a minimum, the following:
(A) An identification of current challenges and
barriers faced by airspace users in accessing certain
categories of airspace, including special use airspace.
(B) An evaluation of existing procedures,
regulations, and requirements that may impede or delay
access to certain categories of airspace for certain
users of the national airspace system.
(C) Recommendations for streamlining and expediting
the airspace access process, including potential
regulatory changes, technological advancements, and
enhanced coordination among relevant stakeholders and
Federal agencies.
(D) A proposal for implementing a flexible
framework that allows for temporary access to certain
categories of airspace, including special use airspace,
by users of the national airspace system who do not
have regular access to such airspace.
(E) An assessment of the impact airspace access
improvements may have on safety, efficiency, and
economic opportunities for airspace users, including--
(i) military operators;
(ii) commercial operators; and
(iii) general aviation operators.
(3) Implementation and follow-up.--
(A) Action plan.--Based on the findings,
recommendations, and proposals submitted in the report
under this subsection, the Administrator shall develop
an action plan for implementing any recommendations and
proposals necessary to improve airspace access.
(B) Coordination and collaboration.--In developing
the action plan under subparagraph (A), the
Administrator shall coordinate with relevant
stakeholders, including airspace users and the
Secretary of Defense, to ensure--
(i) effective implementation of the action
plan; and
(ii) ongoing collaboration in addressing
airspace access challenges.
(C) Progress reports.--The Administrator shall
provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate periodic progress reports in the form of
briefings on the implementation of the action plan
developed under this paragraph, including updates on
the adoption of streamlined procedures, technological
enhancements, and any regulatory changes necessary to
improve airspace access and flexibility.
SEC. 744. AIRSPACE TRANSITION COMPLETION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall ensure that responsibility for the Newark, New
Jersey radar sector is moved to the Philadelphia terminal radar
approach control facility.
(b) Staffing.--In carrying out subsection (a), the Administrator
may not--
(1) require the temporary or permanent movement of any
personnel from the New York terminal radar approach control
facility to the Philadelphia terminal radar approach control
facility, but may solicit such personnel to volunteer to
temporarily or permanently facilitate the move required under
subsection (a); or
(2) reduce the target staffing level of the New York
terminal radar approach control facility.
(c) Congressional Briefings.--Not later than 180 days after the
date of enactment of this Act and every 60 days thereafter, the
Administrator and the head of the collective bargaining unit
representing air traffic controllers shall 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 status of the move required under subsection (a) until such time as
the Newark, New Jersey radar sector is under the full responsibility of
the Philadelphia terminal radar approach control facility.
SEC. 745. FAA CONTRACT TOWERS.
(a) Operational Readiness Inspections.--Not later than 180 days
after the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall update applicable regulations,
standards, and guidance on operational readiness inspections related to
the Federal Aviation Administration Contract Tower program to provide
airport sponsors acting in good faith with 7 years to complete such
inspections after receiving a benefit-to-cost ratio of air traffic
control services for an airport.
(b) FCT Controller Airspace Awareness.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall authorize the
use of advanced technology at Federal Aviation Administration
contract towers to enhance air traffic controller situational
awareness.
(2) Equipment standards.--In carrying out paragraph (1),
the Administrator shall establish standards and criteria
identical to such standards and criteria applicable to Federal
Aviation Administration air traffic controllers for the use of
advanced technology in air traffic control towers.
(3) Recurrency training.--In carrying out this subsection,
the Administrator, in coordination with Federal Aviation
Administration contract tower contractors, shall establish an
appropriate training program to periodically train air traffic
controllers employed by such contractors to ensure proper
integration and use of advanced technologies at Federal
Aviation Administration contract towers.
(c) Liability Insurance.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with industry experts including Federal Aviation Administration
contract tower contractors and aviation insurance providers, shall--
(1) assess existing liability limits for contract tower
contractors established by the Secretary; and
(2) determine whether such limits should be updated.
SEC. 746. FAA CONTRACT TOWER WORKFORCE AUDIT.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the inspector general of the Department of Transportation
shall initiate an audit of the workforce needs of the Federal Aviation
Administration Contract Tower Program.
(b) Contents.--In conducting the audit required under subsection
(a), the inspector general shall, at a minimum--
(1) review the assumptions and methodologies used in
assessing the source of Federal Aviation Administration
contract towers staffing to determine the adequacy of staffing
levels at such towers;
(2) determine whether there is a need to establish an air
traffic controller training program to allow Federal Aviation
Administration contract tower contractors to conduct--
(A) initial training of air traffic controllers
employed by such contractors; or
(B) on-the-job training of such controllers;
(3) assess whether establishing pathways to allow Federal
Aviation Administration contract tower contractors to use the
air traffic technical training academy of the Federal Aviation
Administration, or other means such as higher educational
institutions, to provide initial technical training for air
traffic controllers employed by such contractors could help
address the workforce needs of the FAA contract tower program;
and
(4) consult with the exclusive bargaining representative of
the air traffic controllers certified under section 7111 of
title 5, United States Code.
(c) Report.--Not later than 90 days after the completion of the
audit under subsection (a), the inspector general shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of such audit and
any recommendations as a result of such audit.
SEC. 747. AVIATION INFRASTRUCTURE SUSTAINMENT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall develop performance metrics with which the Administrator can
assess the operation of safety-critical communication, navigation, and
surveillance aviation infrastructure within the national airspace
system.
(b) Performance Metrics Necessary to Remain in Service.--
(1) In general.--After developing the performance metrics
under subsection (a), the Administrator shall carry out an
assessment to determine which applicable aviation
infrastructure are to remain in operational service.
(2) Considerations.--In making an assessment under
paragraph (1), the Administrator shall take into consideration
the following:
(A) The expected lifespan of such aviation
infrastructure.
(B) The number and type of mechanical failures of
such aviation infrastructure.
(C) The average annual costs of maintaining such
aviation infrastructure over a 5-year timespan and
whether such costs exceed the amount to replace such
aviation infrastructure.
(D) The availability of replacement parts or labor
capable of maintaining such aviation infrastructure.
(E) Any other factors the Administrator determines
are necessary.
(c) Publication.--The Administrator shall make the performance
metrics established under subsection (b) available to the public
through the website of the Administration, or other appropriate methods
of publication, and shall ensure that any information made available to
the public under this subsection is made available in a manner that--
(1) does not provide identifying information regarding an
individual or entity;
(2) prevents inappropriate disclosure of proprietary
information; and
(3) does not disclose information that may pose a
cybersecurity risk.
SEC. 748. AIR TRAFFIC CONTROL TOWER SAFETY.
In designing, adopting a design, or constructing an air traffic
control tower based on a previously adopted design, the Administrator
of the Federal Aviation Administration shall ensure that the safety of
the national airspace system, the safety of employees of the
Administration, the operational reliability of air traffic control
towers, and the costs of such towers are the primary consideration in
such design, adoption, or construction.
SEC. 749. AIR TRAFFIC SERVICES DATA REPORTS.
Section 45303(g)(2)(A) of title 49, United States Code, is amended
by striking ``8 years'' and inserting ``14 years''.
SEC. 750. 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 of the Federal Aviation
Administration shall consider selecting projects at small hub
commercial service airports with control towers that are at least 50
years old.
SEC. 751. AIR TRAFFIC CONTROL TOWER REPLACEMENT PROCESS REPORT.
(a) Report Required.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall submit to Congress a report on the process by
which air traffic control tower facilities are chosen for replacement.
(b) Contents.--The report required under subsection (a) shall
contain--
(1) the process by which air traffic control tower
facilities are chosen for replacement, including which
divisions of the Administration control or are involved in the
replacement decision making process;
(2) the criteria the Administrator uses to determine which
air traffic control tower facilities to replace, including--
(A) the relative importance of each such criteria;
(B) why the Administrator uses each such criteria;
and
(C) the reasons for the relative importance of each
such criteria;
(3) what types of investigation the Administrator carries
out to determine if an air traffic control tower facility
should be replaced;
(4) a timeline of the replacement process for an individual
air traffic control tower facility replacement;
(5) the list of facilities established under subsection
(c), including the reason for selecting each such facility; and
(6) any other information the Administrator considers
relevant.
(c) List of Replaced Air Traffic Control Tower Facilities.--The
Administrator shall establish, maintain, and publish on the website of
the Federal Aviation Administration a list of the following:
(1) All air traffic control tower facilities replaced
within the previous 10-year period.
(2) Any such facilities in the process of being replaced.
SEC. 752. FAA CONTRACT TOWER PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a pilot program to convert up to 3 high-
activity contract towers under the Federal Aviation Administration
Contract Tower Program under section 47124 of title 49, United States
Code, to visual flight rule towers staffed by the Administration.
(b) Priority.--In selecting facilities to participate in the pilot
program under subsection (a), the Administrator shall give priority to
towers that--
(1) had over 200,000 in annual tower operations in calendar
year 2022 or a small hub airport with more than 900,000
passenger enplanements in calendar year 2021;
(2) have controls towers that are either owned by the
Administration or are constructed to Administration standards;
and
(3) operate within a complex air space, including space
used by air carriers, for general aviation, and by military
aircraft.
(c) Controller Retention.--The Administrator shall appoint to the
position of air traffic controller all air traffic controllers employed
as a Federal contract tower operator and assigned to the air traffic
control tower pilot program as of the date of enactment of this Act so
long as such operator--
(1) meets the qualifications contained in section
44506(f)(1)(A) of title 49, United States Code; and
(2) has all other pre-employment qualifications required by
law.
SEC. 753. AGREEMENTS FOR STATE AND LOCAL OPERATION OF AIRPORT
FACILITIES.
Section 47124(b)(3)(C) of title 49, United States Code, is amended
by adding at the end the following:
``(viii) Air traffic control towers at
airports with safety or operational problems
related to the lack of an existing tower.
``(ix) Air traffic control towers at
airports with projected commercial and military
increases in aircraft or flight operations.
``(x) Air traffic control towers at
airports with a variety of aircraft operations,
including a variety of commercial and military
flight operations''.
Subtitle C--Small Community Air Service
SEC. 771. ESSENTIAL AIR SERVICE REFORMS.
(a) Reduction in Subsidy Cap.--Section 41731(a)(1)(C) of title 49,
United States Code, is amended to read as follows:
``(C) had an average subsidy per passenger--
``(i) of less than $1,000 during the most
recent fiscal year beginning before October 1,
2026, as determined in subparagraph (D) by the
Secretary; or
``(ii) of $500 or less during the most
recent fiscal year beginning on or after
October 1, 2026; and''.
(b) Restriction on Length of Routes.--
(1) In general.--Section 41732(a)(1) of title 49, United
States Code, is amended by inserting ``less than 650 miles from
an eligible place (unless such airport or eligible place are
located in a non-contiguous State)'' after ``hub airport''.
(2) Exception.--The amendment made by paragraph (1) shall
not apply to an eligible place that is served by an air carrier
selected to receive essential air service compensation under
subchapter II of chapter 417 of title 49, if--
(A) such service is in effect upon the date of
enactment of this Act; and
(B) such service is provided by the same air
carrier that provided service on the date of enactment
of this Act.
(3) Sunset.--Paragraph (2) shall cease to have effect after
September 30, 2028.
(c) Applicant Selection Considerations.--Section 41733(c)(1) of
title 49, United States Code, is amended--
(1) by striking ``giving substantial weight to'' and
inserting ``including'';
(2) in subparagraph (E) by striking ``and'' at the end;
(3) in subparagraph (F) by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(G) the total compensation proposed by the air carrier
for providing scheduled air service under this section.''.
(d) Cost Share.--
(1) Section 41737.--Section 41737(a)(1) of title 49, United
States Code, is amended--
(A) in subparagraph (D) by striking ``and'' at the
end;
(B) in subparagraph (E) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) require that, for a contract to provide air service
that is entered into or renewed under this subchapter after
September 30, 2026, the Government's share of the compensation
is 95 percent.''.
(2) Section 41731.--Section 41731 of title 49, United
States Code, is amended--
(A) in subsection (c) by inserting ``and section
41737(a)(1)(F)'' after ``subsection (a)(1)''; and
(B) in subsection (d) by inserting ``and section
41737(a)(1)(F)'' after ``Subsection (a)(1)(B)''.
(e) Sense of Congress.--It is the sense of Congress that route
structures to rural airports serve a critical function to our Nation by
connecting many of our military installations to major regional airline
hubs.
SEC. 772. ESSENTIAL AIR SERVICE AUTHORIZATION.
Section 41742(a)(2) of title 49, United States Code, is amended by
striking ``$155,000,000 for fiscal year 2018'' an all that follows
through ``$172,000,000 for fiscal year 2023'' and inserting
``$332,000,000 for fiscal year 2024, $312,000,000 for fiscal year 2025,
$300,000,000 for fiscal year 2026, $265,000,000 for fiscal year 2027,
and $252,000,000 for fiscal year 2028''.
SEC. 773. SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM REFORM AND
AUTHORIZATION.
(a) Same Projects Limit.--Section 41743(c)(4)(B) of title 49,
United States Code, is amended by striking ``10-year'' and inserting
``6-year''.
(b) Priorities.--Section 41743(c)(5) of title 49, United States
Code, is amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(2) by adding after subparagraph (A) the following--
``(B) the community has demonstrated support from
at least 1 air carrier to provide service;''.
(c) Authorization.--Section 41743(e)(2) of title 49, United States
Code, is amended by striking ``2023'' and inserting ``2028''.
SEC. 774. GAO STUDY ON INCREASED COSTS OF ESSENTIAL AIR SERVICE.
(a) Study.--The Comptroller General of the United States shall
conduct a study of the change in costs of the essential air service
program under sections 41731 through 41742 of title 49, United States
Code.
(b) Contents.--In conducting the study required under subsection
(a), the Comptroller General shall--
(1) assess trends in costs of the essential air service
program under sections 41731 through 41742 of title 49, United
States Code, over the 10-year period ending on the date of
enactment of this Act;
(2) review potential causes for the increased cost of the
essential air service program, including--
(A) labor costs;
(B) fuel costs;
(C) aging aircraft costs;
(D) air carrier opportunity costs; and
(E) airport costs; and
(3) assess the effects of the COVID-19 pandemic on the
costs of the essential air service program under sections 41731
through 41742 of title 49, United States Code.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
to the Committee on Commerce, Science, and Transportation of the Senate
a report on the results of the study conducted under subsection (a).
SEC. 775. RESPONSE TIME FOR APPLICATIONS TO PROVIDE ESSENTIAL AIR
SERVICE.
The Secretary of Transportation shall take such actions as are
necessary to respond with an approval or denial of any application
filed by an applicant to provide essential air service under subchapter
II of chapter 417 of title 49, United States Code, to the greatest
extent practicable no later than 6 months after receiving such
application.
SEC. 776. GAO STUDY ON CERTAIN AIRPORT DELAYS.
The Comptroller General of the United States shall conduct a study
on flight delays in the States of New York, New Jersey, and Connecticut
and the possible causes of such delays.
SEC. 777. REPORT ON RESTORATION OF SMALL COMMUNITY AIR SERVICE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of the Department of Transportation shall
enter into the appropriate arrangements with the National Academies to
conduct a study on the loss of commercial air service in small
communities in the United States and options to restore such service.
(b) Contents.--In conducting the study required under subsection
(a), that National Academies shall--
(1) assess the reduction of scheduled commercial air
service to small communities over a 5-year period ending on the
date of enactment of this Act, to include small communities
that have lost all scheduled commercial air service;
(2) review economic trends that have resulted in reduction
or loss of scheduled commercial air service to such
communities;
(3) review the economic losses of such communities who have
suffered a reduction or loss of scheduled commercial air
service;
(4) identify the causes that prompted air carriers to
reduce or eliminate scheduled commercial air service to such
communities;
(5) assess the impact of changing aircraft economics; and
(6) identify recommendations that can be implemented by
such communities or Federal, State, or local agencies to aid in
the restoration or replacement of scheduled commercial air
service.
(c) Case Studies.--In conducting the study required under
subsection (a), the National Academies shall assess not fewer than 7
communities that have lost commercial air service or have had
commercial air service significantly reduced in the past 15 years,
including--
(1) Williamsport Regional Airport;
(2) Alamogordo-White Sands Regional Airport; and
(3) Chautauqua County Jamestown Airport.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the National Academies shall submit to the Secretary, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science and
Transportation of the Senate a report containing--
(1) the results of the study described in subsection (a);
and
(2) recommendations to Congress and communities on action
that can be taken to improve or restore scheduled commercial
service to small communities.
TITLE VIII--MISCELLANEOUS
SEC. 801. DIGITALIZATION OF FAA PROCESSES.
(a) Identification.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall identify and catalog programs, activities, or
processes that require paper-based information exchange between--
(1) external entities and the Administration; or
(2) offices within the Administration.
(b) Digitalization.--On an ongoing basis, and as appropriate, the
Administrator shall transition the paper-based processes identified
under subsection (a) to processes that support secure digital
information submission, exchange, collaboration, and approval.
(c) Briefing.--Not later than 60 days after completing the required
identification and catalog in subsection (a), the Administrator shall
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 programs, activities, and processes
identified under subsection (a) and such programs, activities, and
processes that have been identified for transition under subsection
(b).
SEC. 802. FAA TELEWORK.
(a) In General.--The Administrator of the Federal Aviation
Administration--
(1) may establish telework policies for employees that
allow for the Administration to reduce the office footprint and
associated expenses of the Administration, increase workforce
retention, and provide flexibilities that the Administrator
believes increases efficiency and effectiveness of the
Administration, while requiring that any such policy--
(A) does not adversely impact the mission of the
Administration;
(B) does not reduce the safety and efficiency of
the national airspace system;
(C) for any employee that is designated as an
officer or executive in the Federal Aviation
Administration Executive System or a political
appointee (as such term is defined in section 106 of
title 49, United States Code)--
(i) maximizes time at a duty station for
such employee, excluding official travel; and
(ii) may include telework provisions as
determined appropriate by the Administrator,
commensurate with official duties for such
employee;
(D) provides for on-the-job training opportunities
for Administration personnel that are not less than
such opportunities available in 2019;
(E) reflects the appropriate work status of
employees based on the job functions of such employee;
(F) optimizes the work status of inspectors,
investigators, and other personnel performing safety-
related functions to ensure timely completion of safety
oversight activities;
(G) provides for personnel, including such
personnel performing work related to aircraft
certification and flight standards, who are responsible
for actively working with regulated entities, external
stakeholders, or other members of the public to be--
(i) routinely available on a predictable
basis for in-person and virtual communications
with external persons; and
(ii) not hindered from meeting with,
visiting, auditing, or inspecting facilities or
projects of regulated persons due to any
telework policy; and
(H) provides offices of the Administration
opportunities for in-person dialogue, collaboration,
and ideation for all employees;
(2) ensures that locality pay for an employee of the
Administrator accurately reflects the telework status and duty
station of such employee;
(3) may not establish a telework policy for an employee of
the Administration unless such employee will be provided with
secure network capacity, communications tools, necessary and
secure access to appropriate agency data assets and Federal
records, and equipment sufficient to enable such employee to be
fully productive; and
(4) not later than 2 years after the date of enactment of
this Act, shall evaluate and address any telework policies in
effect on the day before such date of enactment to ensure that
such policies meet the requirements of paragraph (1).
(b) Congressional Update.--Not later than 1 year after the date of
enactment of this Act, and 1 year thereafter, the Administrator shall
brief the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on any telework policies currently in
place, the implementation of such policies, and the benefits of such
policies.
(c) Consultation.--If the Administrator determines that telework
agreements must be updated to implement the requirements of subsection
(a), the Administrator shall, prior to updating such agreements,
consult with--
(1) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(2) labor organizations certified under such section as the
exclusive bargaining representative of airway transportation
systems specialists and aviation safety inspectors and
engineers of the Federal Aviation Administration.
SEC. 803. REVIEW OF OFFICE SPACE.
(a) FAA Review.--
(1) Initiation of review.--Not later than 30 months after
the date of enactment of this Act, the Secretary of
Transportation shall initiate an inventory review of the
domestic office footprint of the Department of Transportation.
(2) Completion of review.--Not later than 40 months after
the date of enactment of this Act, the Secretary shall complete
the inventory review required under paragraph (1).
(b) Contents of Review.--In completing the review under subsection
(a), the Secretary shall--
(1) delineate the domestic office footprint into units of
property, as determined appropriate by the Secretary;
(2) determine unit adequacy related to--
(A) the Architectural Barriers Act of 1968 (42
U.S.C. 4151 et seq.) and the corresponding
accessibility guidelines established under part 1191 of
title 36, Code of Federal Regulations; and
(B) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(3) determine the feasible occupancy of each such unit, and
provide the methodology used to make the determination;
(4) determine the number of individuals who are full-time
equivalent employees, other employees, or contractors that have
each such unit as a duty station and determine how telework
policies will impact the usage of each such unit;
(5) calculate the amount of available, unused, or
underutilized space in each such unit;
(6) consider any lease terms for leased units contained in
the domestic office footprint, including cost and effective
dates for each such leased unit; and
(7) based on the findings in paragraphs (2) through (6),
and any other metrics the Secretary determines relevant,
provide recommendations for optimizing the use of units of
property across the Department in consultation with appropriate
employee labor representatives.
(c) Report.--Not later than 2 months after completing the review
under subsection (a), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
final report that proposes opportunities to optimize the domestic
office footprint of the Administration (and associated costs). In
compiling such final report, the Secretary shall describe opportunities
for--
(1) consolidation of offices within a reasonable distance
from one another;
(2) the collocation of regional or satellite offices of
separate modes of the Department, including the cost benefits
of shared amenities; and
(3) the use of coworking spaces instead of permanent
offices.
(d) Definition of Domestic Office Footprint.--In this section, the
term ``domestic office footprint'' means buildings, offices,
facilities, and other real property rented, owned, or occupied by the
Administration or Department--
(1) in which employees report for permanent or temporary
duty that are not being used for active operations of the air
traffic control system; and
(2) which are located within the United States.
SEC. 804. AIRCRAFT WEIGHT REDUCTION TASK FORCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall establish a task force to identify ways to safely
reduce covered aircraft weight for purposes of reducing fuel burn.
(b) Composition.--The task force established under subsection (a)
shall consist of not more than 20 individuals and shall include
representatives of--
(1) the Federal Aviation Administration;
(2) other Federal agencies as the Administrator determines
appropriate;
(3) air carriers;
(4) certified labor organizations representing flight
attendants at air carriers operating under part 121 of title
14, Code of Federal Regulations;
(5) certified labor organizations representing aircraft
maintenance technicians;
(6) certified labor organizations representing other
aviation workers, as appropriate; and
(7) aerospace manufacturers.
(c) Review.--The task force established under subsection (a) shall
review and evaluate--
(1) regulations, requirements, advisory circulars, orders,
or other such directives of the Administration related to
covered aircraft or covered aircraft operations that may
inhibit certification of new materials, manufacturing
processes, components, or technologies that could reduce
aircraft weight or increase fuel efficiency without decreasing
safety;
(2) aspects of covered aircraft design that are outdated or
underutilized on the date of enactment of this Act that may
unnecessarily increase covered aircraft weight or reduce
aircraft fuel efficiency that are not necessary for the safe
operation of such aircraft;
(3) novel technologies and manufacturing processes,
including the use of advanced materials, that can safely be
used in the construction or modification of covered aircraft,
including a component or the interior of such aircraft, to
reduce weight or improve fuel efficiency; and
(4) nonproprietary methods that air carriers have used to
safely decrease covered aircraft weight or improve fuel
efficiency.
(d) Report.--
(1) Task force report.--
(A) In general.--Not later than 3 years after the
establishment of the task force under subsection (a),
the task force shall submit a report on the findings
and results of the review and evaluation conducted
under subsection (c) to the Administrator.
(B) Recommendations.--In submitting the report
required under subparagraph (A), the task force shall
include recommendations--
(i) on actions the Administrator may take
to updated regulations, processes, advisory
circulars, orders, or other such directions of
the Administration to enable the certification
of new materials, components, manufacturing
processes, or technologies that may allow for
the safe reduction of covered aircraft weight
or the improvement of fuel efficiency; and
(ii) on best practices for air carriers and
aerospace manufacturers to certify such
materials, components, manufacturing processes,
or technologies.
(C) Approximation of benefits.--For each
recommendation made under subparagraph (B), the task
force shall approximate the fuel savings that could be
expected if such recommendation was adopted.
(D) Submission to congress.--Not later than 3 days
after receipt of the report required under subparagraph
(A), the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate the report and
recommendations.
(2) FAA report.--Not later than 120 days after submission
of the report under paragraph (1), the Administrator shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report--
(A) describing the recommendations of the task
force with which the Administrator fully concurs,
partially concurs, or does not concur;
(B) detailing, for the recommendations with which
the Administrator fully or partially concurs--
(i) a timeline for implementing such
recommendations; and
(ii) possible benefits of using new
materials, manufacturing processes, components,
or technologies, including fuel savings,
increased capacity, or other benefits as
determined reasonable by the task force; and
(C) explaining, for the recommendations with which
the Administrator does not concur, the reason for which
the Administrator will not implement such
recommendations.
(e) Sunset.--
(1) In general.--The task force established under
subsection (a) shall terminate upon submission of the report
required under subsection (d)(1)(A).
(2) Exception.--The Administrator may choose to extend such
task force after the submission of the report required under
subsection (d)(1)(A), if the Administrator determines that such
an extension would be in the public interest.
(f) Definition.--In this section:
(1) Air carrier.--The term ``air carrier'' means an air
carrier (as such term is defined in section 40102 of title 49,
United States Code) that holds a certificate issued under part
121 of title 14, Code of Federal Regulations.
(2) Aircraft weight.--The term ``aircraft weight'' means
the gross weight of a covered aircraft in operation.
(3) Covered aircraft.--The term ``covered aircraft'' means
an aircraft that is operated by an air carrier that is
operating pursuant to a certificate issued under part 121 of
title 14, Code of Federal Regulations.
SEC. 805. AUDIT OF TECHNICAL WRITING RESOURCES AND CAPABILITIES.
(a) Audit by Inspector General.--Not later than 90 days after the
date of enactment of this Act, the inspector general of the Department
of Transportation shall initiate an audit of the technical writing
resources and capabilities of the Federal Aviation Administration as
such resources and capabilities relate to producing rulemaking, policy,
and guidance, to--
(1) determine if such resources and capabilities are
adequate; and
(2) make recommendations for improvement of such resources
and capabilities.
(b) Review.--In conducting the review required under subsection
(a), the inspector general shall evaluate the technical writing
resources and capabilities of the Administration in each line of
business of the Administration, the Office of Policy, International
Affairs, and Environment, and the Office of the Chief Counsel,
including by reviewing--
(1) the process and resources required to produce initial
drafts of rulemaking, policy, and guidance documents;
(2) the quality of such initial drafts;
(3) the amount of edits that are required throughout the
production of rulemaking, policy, and guidance documents;
(4) writing support and education tools provided to
engineers, managers, and other technical staff of the
Administration involved in writing or editing such documents;
and
(5) whether--
(A) the Administration has and adheres to best
practices for the drafting of rulemaking, policy, and
guidance documents; and
(B) such best practices are--
(i) easily accessible and understandable by
employees of the Administration; and
(ii) reflect modern writing conventions.
(c) Recommendations.--In making the recommendations required under
subsection (a)(2), the inspector general shall make recommendations to
the Administrator of the Federal Aviation Administration on how to
improve the quality of written rulemaking, policy, and guidance
documents and the speed at which such documents can be produced,
internally reviewed, and approved.
(d) Deconflicting Scope.--The inspector general shall ensure that
the audit required under subsection (a) does not duplicate the
evaluation required under section 125, except to the extent that
duplication is necessary to fully evaluate the technical writing
resources and capabilities of the Administration.
(e) Report.--Not later than 1 year after the inspector general
initiates the audit under subsection (a), the inspector general shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the audit,
including findings and recommendations.
SEC. 806. FAA PARTICIPATION IN INDUSTRY STANDARDS ORGANIZATIONS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall ensure the participation of employees of the
Administration in the activities of recognized industry standards
organizations to advance the adoption, reference, and acceptance rate
of standards and means of compliance developed by such organizations by
the Administrator.
(b) Participation.--An employee directed by the Administrator to
participate in a working group, task group, committee, or similar body
of a recognized industry standards organization shall--
(1) actively participate in the discussions and work of
such organization;
(2) accurately represent the position of the Administration
on the subject matter of such discussions and work;
(3) contribute to the development of work products of such
organization, unless determined to be inappropriate by such
organization;
(4) make reasonable efforts to identify and make any
concerns of the Administration relating to such work products
known to such organization, including through providing formal
comments, as may be allowed for under the procedures of such
organization;
(5) provide regular updates to other Administration
employees and management on the progress of such work products;
and
(6) seek advice and input from other Administration
employees and management, as needed.
(c) Invitations.--
(1) In general.--The Administrator may accept an invitation
to participate in and contribute to the work of a recognized
industry standards organization as described in subsection (b).
(2) Declination of invitation.--If the Administrator
declines an invitation described in paragraph (1), the
Administrator shall provide--
(A) the recognized industry standards organization
a written response to the invitation that articulates
the reasons for declining the invitation; and
(B) a copy of such written response to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later
than 5 days after providing the response to such
organization under subparagraph (A).
(d) Recognized Industry Standards Organization Defined.--In this
section, the term ``recognized industry standards organization'' means
a domestic or international organization that--
(1) uses agreed upon procedures to develop aviation-related
industry standards or means of compliance, particularly
standards or means of compliance that satisfy Administration
requirements or guidance;
(2) is comprised of members of the public, including
subject matter experts, industry representatives, academics and
researchers, and government employees; and
(3) has had at least one standard or means of compliance
accepted by the Administrator or referenced in guidance
material or a regulation issued by the Federal Aviation
Administration after the date of enactment of the Vision 100--
Century of Aviation Reauthorization Act (Public Law 108-176).
SEC. 807. SENSE OF CONGRESS ON USE OF VOLUNTARY CONSENSUS STANDARDS.
It is the sense of Congress that the Administrator of the Federal
Aviation Administration should make every effort to abide by the
policies set forth in the Office of Management and Budget Circular A-
119, titled ``Federal Participation in the Development and Use of
Voluntary Consensus Standards and Conformity Assessment Activities''.
SEC. 808. REQUIRED DESIGNATION.
The Administrator of the Federal Aviation Administration shall
designate any aviation rulemaking committee convened under this Act
pursuant to section 106(p)(5) of title 49, United States Code.
SEC. 809. SENSITIVE SECURITY INFORMATION.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by inserting after section 40118 the following:
``Sec. 40119. Sensitive security information
``(a) In General.--Notwithstanding section 552 of title 5, the
Secretary of Transportation shall issue regulations prohibiting the
disclosure of information obtained or developed in the process of
ensuring security under this title if the Secretary determines that
disclosing the information would--
``(1) be an unwarranted invasion of personal privacy;
``(2) reveal a trade secret or privileged or confidential
commercial or financial information; or
``(3) be detrimental to transportation safety.
``(b) Withheld Information.--In carrying out subsection (a), the
Secretary shall ensure that the prohibitions described in such
subsection do not apply to any information provided to a committee of
Congress authorized to have such information, including the Committee
on Transportation and Infrastructure and the Committee on Science,
Space, and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
``(c) Rule of Construction.--Nothing in subsection (a) 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) to--
``(1) conceal--
``(A) a violation of law;
``(B) inefficiency; or
``(C) an administrative error;
``(2) prevent embarrassment to a person, organization, or
governmental agency;
``(3) restrain competition; or
``(4) 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.
``(d) Nondisclosure.--Section 552a of title 5 shall not apply to
disclosures that the Administrator of the Federal Aviation
Administration may make from the systems of records of the
Administration to any Federal law enforcement, intelligence, protective
service, immigration, or national security official in order to assist
the official receiving the information in the performance of official
duties.''.
(b) Clerical Amendment.--The analysis for chapter 401 of title 49,
United States Code, is amended by striking the item related to section
40119 and inserting the following:
``40119. Sensitive security information.''.
SEC. 810. PRESERVING OPEN SKIES WHILE ENSURING FAIR SKIES.
(a) Addition of Labor Standards.--Section 40101 of title 49, United
States Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(17) preventing the undermining of labor standards.'';
and
(2) in subsection (e) by adding at the end the following:
``(11) preventing the undermining of labor standards.''.
(b) Update to Foreign Air Carrier Permits.--Section 41302(2)(B) of
title 49, United States Code, is amended by striking ``the foreign air
transportation'' and inserting ``after considering the totality of the
circumstances, including the matters described in section 40101(a), the
foreign air transportation''.
(c) Savings Clause.--Nothing in this section, or the amendments
made by this section, shall be construed to affect the validity of a
foreign air carrier permit held, or air transport agreement in place,
on the date of enactment of this Act.
SEC. 811. COMMERCIAL PREFERENCE.
Section 40110(d) of title 49, United States Code, is further
amended--
(1) in paragraph (1) by striking ``and implement'' and
inserting ``, implement, and periodically update'';
(2) in paragraph (2) by striking ``the new acquisition
management system developed and implemented'' and inserting
``the acquisition management system developed, implemented, and
periodically updated'' each place it appears;
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``new''; and
(ii) by striking ``and implemented'' and
inserting ``, implemented, and periodically
updated''; and
(B) in subparagraph (B) by striking ``Within'' and
all that follows through ``the Administrator'' and
inserting ``The Administrator'';
(4) by redesignating paragraph (4) as paragraph (5); and
(5) by inserting after paragraph (3) the following:
``(4) Commercial products and services.--In implementing
and updating the acquisition management system pursuant to
paragraph (1), the Administrator shall, whenever possible--
``(A) describe the requirements with respect to a
solicitation for the procurement of supplies or
services in terms of--
``(i) functions to be performed;
``(ii) performance required; or
``(iii) essential physical and system
characteristics;
``(B) ensure that commercial services or commercial
products may be procured to fulfill such solicitation,
or to the extent that commercial products suitable to
meet the needs of the Administration are not available,
ensure that nondevelopmental items other than
commercial products may be procured to fulfill such
solicitation;
``(C) provide offerors of commercial services,
commercial products, and nondevelopmental items other
than commercial products an opportunity to compete in
any solicitation for the procurement of supplies or
services;
``(D) revise the procurement policies, practices,
and procedures of the Administration to reduce any
impediments to the acquisition of commercial products
and commercial services;
``(E) ensure that any procurement of new equipment
takes into account the life cycle, reliability,
performance, service support, and costs to guarantee
the acquisition of equipment that is of high quality
and reliability resulting in greater performance and
cost-related benefits for airports; and
``(F) ensure that procurement officials--
``(i) acquire commercial services,
commercial products, or nondevelopmental items
other than commercial products to meet the
needs of the Administration;
``(ii) in a solicitation for the
procurement of supplies or services, state the
specifications for such supplies or services in
terms that enable and encourage bidders and
offerors to supply commercial services or
commercial products, or to the extent that
commercial products suitable to meet the needs
of the Administration are not available, to
supply nondevelopmental items other than
commercial products;
``(iii) require that prime contractors and
subcontractors at all levels under contracts
with the Administration incorporate commercial
services, commercial products, or
nondevelopmental items other than commercial
products as components of items supplied to the
Administration;
``(iv) modify procurement requirements in
appropriate circumstances to ensure that such
requirements can be met by commercial services
or commercial products, or to the extent that
commercial products suitable to meet the needs
of the Administration are not available,
nondevelopmental items other than commercial
products; and
``(v) require training of appropriate
personnel in the acquisition of commercial
products and commercial services.''.
SEC. 812. CONSIDERATION OF THIRD-PARTY SERVICES.
(a) Plans and Policy.--Section 44501 of title 49, United States
Code, is amended--
(1) in subsection (a) by striking ``development and
location of air navigation facilities'' and inserting
``development of air navigation facilities and services''; and
(2) in subsection (b)--
(A) by striking ``and development'' and inserting
``procurement, and development'' each place it appears;
(B) by striking ``facilities and equipment'' and
inserting ``facilities, services, and equipment'';
(C) by striking ``first and 2d years'' and
inserting ``first and second years'';
(D) by striking ``subclauses (A) and (B) of this
clause'' and inserting ``subparagraphs (A) and (B)'';
(E) by striking ``the 3d, 4th, and 5th'' and
inserting ``the third, fourth, and fifth'';
(F) by striking ``systems and facilities'' and
inserting ``systems, services, and facilities''; and
(G) by striking ``growth of aviation'' and
inserting ``growth of the aerospace industry''.
(b) Systems, Procedures, Facilities, and Devices.--Section 44505 of
title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``develop, alter'' and inserting
``develop when necessary, alter''; and
(B) by striking ``and devices'' and inserting
``services, and devices'' each place it appears; and
(2) in subsection (b) by striking ``develop dynamic
simulation models'' and inserting ``develop or procure dynamic
simulation models and tools'' each place it appears.
SEC. 813. CERTIFICATES OF AUTHORIZATION OR WAIVER.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Transportation, acting through the Administrator of the
Federal Aviation Administration, may issue a certificate of
authorization or waiver to a person to operate an aircraft within an
area covered by a temporary flight restriction under such conditions as
the Administrator may prescribe, except for airspace that is subject to
a permanent, continuous flight restriction, unless the authorization or
waiver is issued to the entity for which the flight restriction was
created.
(b) Special Considerations.--If a temporary flight restriction is
related to a sporting event and issued pursuant to section 541 of
division F of the Consolidated Appropriations Act, 2004 (49 U.S.C.
40103 note), the conditions prescribed by the Administrator under
subsection (a) shall include the following:
(1) A minimum distance from the center of the temporary
flight restriction, which shall not be greater than 0.75
nautical miles, unless the Administrator determines, on a case
by case basis, that such mileage is insufficient to maintain
public safety.
(2) The person may not operate an aircraft (except for a
purpose described under section 521 of division F of the
Consolidated Appropriations Act, 2004 (49 U.S.C. 40103 note))
for a purpose that the Secretary determines is directly related
to the event for which the temporary flight restriction is
active.
(c) Required Coordination.--
(1) In general.--On an annual basis, the Administrator
shall convene a meeting with representatives of Administration-
approved air shows, the general aviation community, stadiums
and other large outdoor events and venues or organizations that
run such events, the Department of Homeland Security, and the
Department of Justice--
(A) to identify scheduling conflicts between
Administration-approved air shows and large outdoor
events and venues where--
(i) flight restrictions will be imposed
pursuant to section 521 of division F of the
Consolidated Appropriations Act, 2004 (49
U.S.C. 40103 note); or
(ii) any other restriction will be imposed
pursuant to Federal Aviation Administration
Flight Data Center Notice to Airmen 4/3621 (or
any successor notice to airmen); and
(B) in instances where a scheduling conflict
between events is identified or is found to be likely
to occur, develop appropriate operational and
communication procedures to ensure for the safety and
security of both events, pursuant to the authority
prescribed in subsection (a).
(2) Scheduling conflict.--If the Administrator or any other
stakeholder party to the required annual coordination required
in paragraph (1) identifies a scheduling conflict outside of
the annual meeting at any point prior to the scheduling
conflict, the Administrator shall work with impacted
stakeholders to develop appropriate operational and
communication procedures to ensure for the safety and security
of both events, pursuant to the authority prescribed in
subsection (a).
(3) Notice.--Prior to issuing a certificate of
authorization or waiver pursuant to subsection (a), the
Administrator shall give appropriate due notice to impacted
stakeholders and develop appropriate operational and
communication procedures to ensure for the safety and security
of all impacted events, pursuant to the authority prescribed in
subsection (a).
(d) Briefing.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall 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
implementation of this section, including the number and nature of
certificates of authorization or waiver that have been issued under
subsection (a) subject to restrictions under subsection (b).
(e) Operational Purposes.--Section 521(a)(2)(B)(ii) of division F
of the Consolidated Appropriations Act, 2004 (49 U.S.C. 40103 note) is
amended by inserting ``(or attendees approved by)'' after ``guests''.
SEC. 814. WING-IN-GROUND-EFFECT CRAFT.
(a) Memorandum of Understanding.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration and the Commandant of the Coast Guard
shall execute a memorandum of understanding governing the
specific roles, delineations of responsibilities, resources,
and commitments of the Federal Aviation Administration and the
Coast Guard, respectively, pertaining to wing-in-ground-effect
craft that are--
(A) only capable of operating either in water or in
ground effect over water; and
(B) operated exclusively over waters subject to the
jurisdiction of the United States.
(2) Contents.--The memorandum of understanding described in
paragraph (1) shall--
(A) cover the processes the Federal Aviation
Administration and the United States Coast Guard will
follow to promote communications, efficiency, and
nonduplication of effort in carrying out such
memorandum of understanding;
(B) account for the special rule in accordance with
subsection (b); and
(C) provide procedures for, at a minimum, the
following:
(i) Approval of wing-in-ground-effect craft
designs.
(ii) Operations of wing-in-ground-effect
craft.
(iii) Pilotage of wing-in-ground-effect
craft.
(iv) Inspections of wing-in-ground-effect
craft.
(v) Maintenance of wing-in-ground-effect
craft.
(b) Special Rule Prohibiting Secretary From Regulating Certain WIG
Craft Operators as Air Carriers.--Notwithstanding any other provision
of law or regulation, the Secretary of Transportation may not regulate
an operator of a wing-in-ground-effect craft as an air carrier (as such
term is defined in section 40102(a) of title 49, United States Code).
(c) Rule of Construction.--Nothing in this section shall be
construed to--
(1) limit the authority of the Secretary or the
Administrator to regulate aircraft that are not wing-in-ground-
effect craft, including aircraft that are--
(A) capable of the operations described in
subsection (d); and
(B) capable of sustained flight out of ground
effect;
(2) confer upon the Commandant the authority to determine
the impact of any civil aircraft operation on the safety or
efficiency of the National Airspace System; or
(3) confer upon the Administrator the authority to issue a
certificate of documentation, with or without a registry,
fishery or coastwise endorsement, for, or inspect any vessel as
that term is defined in section 115 of title 46, United States
Code.
(d) Wing-in-ground-effect Craft Defined.--In this section, the term
``wing-in-ground-effect craft'' means a craft that is capable of
operating completely above the surface of the water on a dynamic air
cushion created by aerodynamic lift due to the ground effect between
the craft and the surface of the water.
SEC. 815. QUASQUICENTENNIAL OF AVIATION.
(a) Findings.--Congress finds the following:
(1) December 17, 2028, is the 125th anniversary of the
first successful manned, free, controlled, and sustained flight
by an aircraft.
(2) The first flight by Orville and Wilbur Wright in Kitty
Hawk, North Carolina, is a defining moment in the history of
the United States and the world.
(3) The Wright brothers' achievement is a testament to
their ingenuity, perseverance, and commitment to innovation,
which has inspired generations of aviators and scientists
alike.
(4) The advent of aviation and the air transportation
industry has fundamentally transformed the United States and
the world for the better.
(5) The 125th anniversary of the Wright brothers' first
flight is worthy of recognition and celebration to honor their
legacy and to inspire a new generation of Americans as aviation
reaches an inflection point of innovation and change.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Transportation, the Administrator of the Federal Aviation
Administration, and the heads of other appropriate Federal agencies
should facilitate and participate in local, national, and international
observances and activities that commemorate and celebrate the 125th
anniversary of powered flight.
SEC. 816. FEDERAL CONTRACT TOWER WAGE DETERMINATIONS AND POSITIONS.
The Secretary of Transportation shall request that the Secretary of
Labor--
(1) review and update, as necessary, including to account
for cost-of-living adjustments, the basis for the wage
determination for air traffic controllers who are employed at
air traffic control towers operated under the Contract Tower
Program established under section 47124 of title 49, United
States Code;
(2) create a new wage determination category or occupation
code for managers of air traffic controllers who are employed
at air traffic control towers in the Contract Tower Program;
and
(3) consult with the Administrator of the Federal Aviation
Administration in carrying out the requirements of paragraphs
(1) and (2).
SEC. 817. INTERNAL PROCESS IMPROVEMENTS REVIEW.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the inspector general of the Department of
Transportation shall review the coordination and approval processes of
non-regulatory materials produced by the Federal Aviation
Administration to improve the timeliness, transparency, development,
and issuance of such materials.
(b) Contents of Review.--In conducting the review under subsection
(a), the inspector general shall--
(1) provide recommendations for improving processes and
eliminating nonvalue-added reviews of non-regulatory materials
within the Federal Aviation Administration and Department of
Transportation, in consideration of the authority of the
Administrator under section 106 of title 49, United States
Code, and other applicable laws;
(2) consider, with respect to each office within the
Federal Aviation Administration and the Department of
Transportation that reviews non-regulatory materials--
(A) the timeline assigned to each such office to
complete the review of such materials;
(B) the actual time spent for such review; and
(C) opportunities to reduce the actual time spent
for such review;
(3) describe any organizational changes and additional
resources that the Administration needs, if necessary, to
reduce delays in the development and publication of proposed
non-regulatory materials;
(4) consider to what extent reporting mechanisms and
templates could be used to provide the public with more
consistent information on the development status of non-
regulatory materials;
(5) consider changes to the application of rules governing
ex parte communications by the Administrator to provide
flexibility for employees of the Administration to discuss non-
regulatory materials with aviation stakeholders and foreign
aviation authorities to promote United States aviation
leadership;
(6) recommend methods by which the Administration can
incorporate standards set by recognized industry standards
organizations, as such term is defined in section 806, into
non-regulatory materials to keep pace with rapid changes in
aerospace technology and processes; and
(7) evaluate the processes and best practices other civil
aviation authorities and other Federal departments and agencies
use to produce non-regulatory materials, particularly the
processes of entities that produce such materials in an
expedited fashion to respond to safety risks, incidents, or new
technology adoption.
(c) Consultation.--In conducting the review under subsection (a),
the inspector general may, as appropriate, consult with industry
stakeholders, academia, and other individuals with relevant background
or expertise in improving the efficiency of Federal non-regulatory
material production.
(d) Report.--Not later than 1 year after the inspector general
initiates the review under subsection (a), the inspector general shall
submit to the Administrator a report on such review.
(e) Action Plan.--
(1) In general.--The Administrator shall develop an action
plan to implement the recommendations contained in the report
submitted under subsection (d).
(2) Briefing.--Not later than 90 days after receiving the
report under subsection (d), the Administrator shall brief the
Committee on Transportation and Infrastructure and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on such plan.
(f) Non-regulatory Materials Defined.--In this section, the term
``non-regulatory materials'' means orders, advisory circulars,
statements of policy, guidance, technical standards, and other
materials related to aviation safety, training, and operation of
aeronautical products.
SEC. 818. ACCEPTANCE OF DIGITAL DRIVER'S LICENSE AND IDENTIFICATION
CARDS.
The Administrator of the Federal Aviation Administration shall take
such actions as may be necessary to accept, in any instance where an
individual is required to submit government-issued identification to
the Administrator, a digital or mobile driver's license or
identification card issued to such individual by a State.
SEC. 819. 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.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(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. 820. FEDERAL AVIATION ADMINISTRATION INFORMATION TECHNOLOGY SYSTEM
INTEGRITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall initiate a review to identify and address aging
information technology systems within the Administration.
(b) Contents.--The review required under subsection (a) shall--
(1) identify and inventory critical software and hardware
systems of the Administration;
(2) assess the vulnerabilities of such systems to
degradation, errors (including human errors), and malicious
attacks (including cyber attacks); and
(3) identify upgrades to, or replacements for, such systems
that are necessary to mitigate such vulnerabilities.
(c) Mitigation.--The Administrator shall take such action as may be
necessary to mitigate the vulnerabilities identified under the review
conducted under subsection (a).
(d) Leveraging External Expertise.--To the maximum extent
practicable, the actions carried out pursuant to this section shall--
(1) be consistent with the acquisition management system
established and updated pursuant to section 40110(d) of title
49, United States Code;
(2) incorporate input from industry, academia, or other
external experts on information technology; and
(3) identify technologies in existence or in development
that, with or without adaptation, are expected to be suitable
to meet the technical information technology needs of the
Administration.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing the results of the review required under subsection
(a).
(f) Inspector General Review.--
(1) In general.--After the Administrator completes the
review under subsection (a), the inspector general of the
Department of Transportation shall conduct an audit of the
integrity of the information technology systems of the
Administration and assess the efforts of the Administration to
address the Administration's aging information technology
systems.
(2) Report.--The inspector general shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
audit carried out under this subsection.
SEC. 821. BRIEFING ON RADIO COMMUNICATIONS COVERAGE AROUND MOUNTAINOUS
TERRAIN.
(a) Briefing Requirement.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a briefing on the
radio communications coverage within the airspace surrounding the Mena
Intermountain Municipal Airport in Mena, Arkansas.
(b) Briefing Contents.--The briefing required under subsection (a)
shall include the following:
(1) The radio communications coverage within the airspace
surrounding the Mena Intermountain Municipal Airport with the
applicable Air Route Traffic Control Center.
(2) The altitudes at which radio communications
capabilities are lost within such airspace.
(3) Recommendations on changes that may increase radio
communications coverage below 4,000 feet above ground level
within such airspace.
SEC. 822. STUDY ON CONGESTED AIRSPACE.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General of the United States shall initiate a
study on the efficiency and efficacy of scheduled commercial air
service transiting congested airspace.
(b) Contents.--In carrying out the study required under subsection
(a), the Comptroller General shall examine--
(1) various regions of congested airspace and the differing
factors of such regions;
(2) commercial air service;
(3) military flight activity;
(4) emergency response activity;
(5) commercial space launch and reentry activities;
(6) weather; and
(7) air traffic controller staffing.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study and recommendations to reduce the
impacts to scheduled air service transiting congested airspace.
SEC. 823. ADMINISTRATIVE SERVICES FRANCHISE FUND.
Title I of the Department of Transportation and Related Agencies
Appropriations Act, 1997 (49 U.S.C. 40113 note) is amended under the
heading ``Administrative Services Franchise Fund'' by striking ``shall
be paid in advance'' and inserting ``may be reimbursed after
performance or paid in advance''.
SEC. 824. USE OF BIOGRAPHICAL ASSESSMENTS.
Section 44506(f)(2)(A) of title 49, United States Code, is amended
by striking ``paragraph (1)(B)(ii)'' and inserting ``paragraph
(1)(B)''.
SEC. 825. WHISTLEBLOWER PROTECTION ENFORCEMENT.
Section 42121(b)(5) of title 49, United States Code, is amended to
read as follows:
``(5) Enforcement of order.--Whenever any person has failed
to comply with an order issued under paragraph (3), the
Secretary of Labor and the Administrator of the Federal
Aviation Administration shall consult with each other to
determine the most appropriate action to be taken, in which--
``(A) the Secretary of Labor may file a civil
action in the United States district court for the
district in which the violation was found to occur to
enforce such order, for which, in actions brought under
this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including,
injunctive relief and compensatory damages; and
``(B) the Administrator of the Federal Aviation
Administration may assess a civil penalty pursuant to
section 46301.''.
SEC. 826. FINAL RULEMAKING ON CERTAIN MANUFACTURING STANDARDS.
Not later than December 16, 2023, the Administrator of the Federal
Aviation Administration shall issue a final rule for the notice of
proposed rulemaking titled ``Airplane Fuel Efficiency Certification''
and published June 15, 2022 (RIN 2120-AL54).
SEC. 827. REMOTE DISPATCH.
(a) In General.--Section 44711(a) of title 49, United States Code,
is amended--
(1) in paragraph (9) by striking ``or'' at the end;
(2) in paragraph (10) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(11) work as an aircraft dispatcher outside of a physical
location designated as a dispatching center or flight following
center of an air carrier, except as provided under section
44747.''.
(b) Aircraft Dispatching.--Chapter 447 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 44747. Aircraft dispatching
``(a) Aircraft Dispatching Certificate.--No person may serve as an
aircraft dispatcher for an air carrier unless that person holds the
appropriate aircraft dispatcher certificate issued by the Administrator
of the Federal Aviation Administration.
``(b) Proof of Certificate.--Upon the request of the Administrator
or an authorized representative of the National Transportation Safety
Board, or other appropriate Federal agency, a person who holds such a
certificate, and is performing dispatching shall present the
certificate for inspection.
``(c) Dispatch Centers and Flight Following Centers.--
``(1) Establishment.--Air carriers shall establish and
maintain sufficient dispatch centers and flight following
centers necessary to maintain operational control of each
flight at all times.
``(2) Requirements.--Air carrier dispatch centers and
flight following centers shall--
``(A) have a sufficient number of aircraft
dispatchers at dispatch centers and flight following
centers to ensure proper operational control of each
flight at all times;
``(B) have the equipment necessary and in good
repair to maintain proper operational control of each
flight at all times; and
``(C) include appropriate physical and
cybersecurity protections, as determined by the
Administrator.
``(3) Location limitation.--No air carrier may dispatch
aircraft from any location other than the designated dispatch
centers or flight following centers of such air carrier.
``(d) Emergency Authority for Remote Dispatching.--Notwithstanding
subsection (c), an air carrier may dispatch aircraft from locations
other than from designated dispatch centers or flight following centers
for a limited period of time in the event of an emergency or other
event that renders a center inoperable. An air carrier may not dispatch
aircraft under the emergency authority under this subsection for longer
than 30 consecutive days without the approval of the Administrator.''.
(c) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, is further amended by adding at the end the
following:
``44747. Aircraft dispatching.''.
SEC. 828. EMPLOYEE ASSAULT PREVENTION AND RESPONSE PLANS AMENDMENT.
Section 551 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903
note) is amended--
(1) in subsection (a)--
(A) by striking ``Not later than 90 days after the
date of enactment of this Act,'' and inserting ``The
Administrator shall require''; and
(B) by striking ``shall submit to the
Administrator'' and inserting ``to submit''; and
(2) in subsection (c) by striking ``A part 121 air carrier
shall'' and inserting ``The Administrator shall require a part
121 air carrier to''.
SEC. 829. CREW MEMBER SELF-DEFENSE TRAINING.
Section 44918(b) of title 49, United States Code, is amended--
(1) in paragraph (4) by striking ``Neither'' and inserting
``Except as provided in paragraph (8), neither''; and
(2) 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. 830. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON AIR CARRIERS
AND FOREIGN AIR CARRIERS.
(a) In General.--Chapter 417 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 41729. Formal sexual assault and harassment policies
``(a) Requirement.--Not later than 180 days after the date of
enactment of this section, each air carrier and foreign air carrier
transporting passengers for compensation shall issue, in consultation
with labor unions representing personnel of the air carrier or foreign
air carrier, a formal policy with respect to transportation sexual
assault or harassment incidents.
``(b) Contents.--The policy required under subsection (a) shall
include--
``(1) a statement indicating that no transportation sexual
assault or harassment incident is acceptable under any
circumstance;
``(2) procedures that facilitate the reporting of a
transportation sexual assault or harassment incident,
including--
``(A) appropriate public outreach activities; and
``(B) confidential phone and internet-based
opportunities for reporting;
``(3) procedures that personnel should follow upon the
reporting of a transportation sexual assault or harassment
incident, including actions to protect affected individuals
from continued sexual assault or harassment and to notify law
enforcement when appropriate;
``(4) procedures that may limit or prohibit, to the extent
practicable, future travel with the air carrier or foreign air
carrier by any passenger who causes a transportation sexual
assault or harassment incident; and
``(5) training that is required for all appropriate
personnel with respect to the policy required under subsection
(a), including--
``(A) specific training for personnel who may
receive reports of transportation sexual assault or
harassment incidents; and
``(B) recognizing and responding to potential human
trafficking victims, in the same manner as required
under section 44734(a)(4).
``(c) Passenger Information.--An air carrier or foreign air carrier
described in subsection (a) shall prominently display, on the internet
website of the air carrier or foreign air carrier and through the use
of appropriate signage, a written statement that informs passengers and
personnel of the procedure for reporting a transportation sexual
assault or harassment incident.
``(d) Standard of Care.--Compliance with the requirements of this
section, and any policy issued thereunder, shall not determine whether
the air carrier or foreign air carrier described in subsection (a) has
acted with any requisite standard of care.
``(e) Definitions.--In this section:
``(1) Personnel.--The term `personnel' means an employee or
contractor of an air carrier or foreign air carrier.
``(2) Sexual assault.--The term `sexual assault' means the
occurrence of an act that constitutes any nonconsensual sexual
act proscribed by Federal, tribal, or State law, including when
the victim lacks capacity to consent.
``(3) Transportation sexual assault or harassment
incident.--The term `transportation sexual assault or
harassment incident' means the occurrence, or reasonably
suspected occurrence, of an act that--
``(A) constitutes sexual assault or sexual
harassment; and
``(B) is committed--
``(i) by a passenger or member of personnel
of an air carrier or foreign air carrier
against another passenger or member of
personnel of an air carrier or foreign air
carrier; and
``(ii) within an aircraft or in an area in
which passengers are entering or exiting an
aircraft.''.
(b) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, is further amended by adding at the end the
following:
``41729. Formal sexual assault and harassment policies.''.
SEC. 831. INTERFERENCE WITH SECURITY SCREENING PERSONNEL.
Section 46503 of title 49, United States Code, is amended--
(1) by striking ``An individual'' and inserting the
following:
``(a) In General.--An individual''; and
(2) by adding at the end the following:
``(b) Airport and Air Carrier Employees.--For purposes of this
section, an airport or air carrier employee who has security duties
within the airport includes an airport or air carrier employee
performing ticketing, check-in, baggage claim, or boarding
functions.''.
SEC. 832. MECHANISMS TO REDUCE HELICOPTER NOISE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a study to examine ways in which a State, territorial, or
local government may mitigate the negative impacts of commercial
helicopter noise.
(b) Considerations.--In conducting the study under subsection (a),
the Comptroller General shall consider--
(1) the varying degree of commercial helicopter operations
in different communities; and
(2) actions that State, and local governments have taken,
and authorities such governments have used, to reduce the
impact of commercial helicopter noise and the success of such
actions.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall provide to the Administrator of
the Federal Aviation Administration, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
findings of the study conducted under subsection (a).
SEC. 833. TECHNICAL CORRECTIONS.
(a) Title 49 Analysis.--The analysis for title 49, United States
Code, is amended by striking the item relating to subtitle IX and
inserting the following:
``IX. MULTIMODAL FREIGHT
TRANSPORTATION..................................
........... 70101''.
(b) Subtitle I Analysis.--The analysis for subtitle I of title 49,
United States Code, is amended by striking the item relating to chapter
7.
(c) Subtitle VII Analysis.--The analysis for subtitle VII of title
49, United States Code, is amended by striking the item relating to
chapter 448 and inserting the following:
``448. Unmanned Aircraft
Systems.........................................
.......... 44801''.
(d) Authority to Exempt.--Section 40109(b) of title 49, United
States Code, is amended by striking ``sections 40103(b)(1) and (2) of
this title'' and inserting ``paragraphs (1) and (2) of section
40103(b)''.
(e) General Procurement Authority.--Section 40110(d)(3) of title
49, United States Code, is further amended--
(1) in subparagraph (B) by inserting ``, as in effect on
October 9, 1996'' after ``Policy Act'';
(2) in subparagraph (C) by striking ``the Office of Federal
Procurement Policy Act'' and inserting ``division B of subtitle
I of title 41''; and
(3) in subparagraph (D) by striking ``section
27(e)(3)(A)(iv) of the Office of Federal Procurement Policy
Act'' and inserting ``section 2105(c)(1)(D) of title 41''.
(f) Government-Financed Air Transportation.--Section 40118(g)(1) of
title 49, United States Code, is amended by striking ``detection and
reporting of potential human trafficking (as described in paragraphs
(9) and (10)'' and inserting ``detection and reporting of potential
severe forms of trafficking in persons and sex trafficking (as such
terms are defined in paragraphs (11) and (12)''.
(g) FAA Authority To Conduct Criminal History Record Checks.--
Section 40130(a)(1)(A) of title 49, United States Code, is amended by
striking ``(42 U.S.C. 14616)'' and inserting ``(34 U.S.C. 40316)''.
(h) Submissions of Plans.--Section 41313(c)(16) of title 49, United
States Code, is amended by striking ``will consult'' and inserting
``the foreign air carrier shall consult''.
(i) Plans and Policy.--Section 44501(c) of title 49, United States
Code, is amended--
(1) in paragraph (2)(B)(i), by striking ``40119,''; and
(2) in paragraph (3) by striking ``Subject to section
40119(b) of this title and regulations prescribed under section
40119(b),'' and inserting ``Subject to section 44912(d)(2) and
regulations prescribed under such section,''.
(j) Use and Limitation of Amounts.--Section 44508 of title 49,
United States Code, is amended by striking ``40119,'' each place it
appears.
(k) Structures Interfering With Air Commerce or National
Security.--Section 44718(h) of title 49, United States Code, is amended
to read as follows:
``(h) Definitions.--In this section, the terms `adverse impact on
military operations and readiness' and `unacceptable risk to the
national security of the United States' have the meaning given those
terms in section 183a(h) of title 10.''.
(l) Meteorological Services.--Section 44720(b)(2) of title 49,
United States Code, is amended--
(1) by striking ``the Administrator to persons'' and
inserting ``the Administrator, to persons''; and
(2) by striking ``the Administrator and to'' and inserting
``the Administrator, and to''.
(m) Aeronautical Charts.--Section 44721(c)(1) of title 49, United
States Code, is amended by striking ``1947,'' and inserting ``1947''.
(n) Flight Attendant Certification.--Section 44728(c) of title 49,
United States Code, is amended by striking ``Regulation,'' and
inserting ``Regulations,''.
(o) Manual Surcharge.--The analysis for chapter 453 of title 49,
United States Code, is amended by adding at the end the following:
``45306. Manual surcharge.''.
(p) Schedule of Fees.--Section 45301(a) of title 49, United States
Code, is amended by striking ``The Administrator shall establish'' and
inserting ``The Administrator of the Federal Aviation Administration
shall establish''.
(q) Judicial Review.--Section 46110(a) of title 49, United States
Code, is amended by striking ``subsection (l) or (s) of section 114''
and inserting ``subsection (l) or (r) of section 114''.
(r) Civil Penalties.--Section 46301(a) of title 49, United States
Code, is amended--
(1) in the heading for paragraph (6), by striking ``Failure
to collect airport security badges'' and inserting ``Failure to
collect airport security badges''; and
(2) in paragraph (7), by striking ``Penalties relating to
harm to passengers with disabilities'' in the paragraph heading
and inserting ``Penalties relating to harm to passengers with
disabilities''.
(s) Payments Under Project Grant Agreements.--Section 47111(e) of
title 49, United States Code, is amended by striking ``fee'' and
inserting ``charge''.
(t) Agreements for State and Local Operation of Airport
Facilities.--Section 47124(b)(1)(B)(ii) of title 49, United States
Code, is amended by striking the second period at the end.
(u) Use of Funds for Repairs for Runway Safety Repairs.--Section
47144(b)(4) of title 49, United States Code, is amended by striking
``(42 U.S.C. 4121 et seq.)'' and inserting ``(42 U.S.C. 5121 et
seq.)''.
(v) Metropolitan Washington Airports Authority.--Section 49106 of
title 49, United States Code, is amended--
(1) in subsection (a)(1)(B) by striking ``and section 49108
of this title''; and
(2) in subsection (c)(6)(C) by inserting ``the'' before
``jurisdiction''.
(w) Separability and Effect of Judicial Order.--Section 49112(b) of
title 49, United States Code, is amended--
(1) by striking paragraph (1); and
(2) by striking ``(2) Any action'' and inserting ``Any
action''.
SEC. 834. TRANSPORTATION OF ORGANS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the
Administrator of the Federal Aviation Administration, shall convene a
working group (in this section referred to as the ``working group'') to
assist in developing best practices for transportation of an organ in
the cabin of an aircraft operating under part 121 of title 14, Code of
Federal Regulations, and to identify regulations that hinder such
transportation, if applicable.
(b) Composition.--The working group shall be comprised of
representatives from the following:
(1) Air carriers operating under part 121 of title 14, Code
of Federal Regulations.
(2) Organ procurement organizations.
(3) Organ transplant hospitals.
(4) Flight attendants.
(5) Other relevant Federal agencies involved in organ
transportation or air travel.
(c) Considerations.--In establishing the best practices described
in subsection (a), the working group shall consider--
(1) a safe, standardized process for acceptance, handling,
management, and transportation of an organ in the cabin of such
aircraft; and
(2) protocols to ensure the safe and timely transport of an
organ in the cabin of such aircraft, including through
connecting flights.
(d) Recommendations.--Not later than 1 year after the convening of
the working group, such working group shall submit to the Secretary a
report containing recommendations for the best practices described in
subsection (a).
(e) Definition of Organ.--In this section, the term ``organ''--
(1) has the meaning given such term in section 121.2 of
title 42, Code of Federal Regulations; and
(2) includes organ-related tissue.
SEC. 835. REPORT ON APPLICATION APPROVAL TIMING.
Not later than 120 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the amount of time the
application approval process takes for agricultural aircraft operations
under part 137 of title 14, Code of Federal Regulations.
SEC. 836. STUDY ON AIR CARGO OPERATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall initiate a study on the economic sustainability of air cargo
operations.
(b) Contents.--In conducting the study required under subsection
(a), the Comptroller General shall address the following:
(1) Airport and cargo development strategies, including the
pursuit of new air carriers and plans for physical expansion.
(2) Key historical statistics for passenger, cargo volumes,
including freight, express, and mail cargo, and operations,
including statistics distinguishing between passenger and
freight operations.
(3) A description of air cargo facilities, including the
age and condition of such facilities and the square footage and
configuration of the landside and airside infrastructure of
such facilities, and cargo buildings.
(4) The projected square footage deficit of the cargo
facilities and infrastructure described in paragraph (3).
(5) The projected requirements and square footage deficit
for air cargo support facilities.
(6) The general physical and operating issues and
constraints associated with air cargo operations.
(7) A description of delays in truck bays associated with
the infrastructure and critical landside issues, including
truck maneuvering and queuing and parking for employees and
customers.
(8) The estimated cost of developing new cargo facilities
and infrastructure, including the identification of percentages
for development with a return on investment and without a
return on investment.
(9) The projected leasing costs to tenants per square foot
with and without Federal funding of the non-return on
investment allocation.
(10) A description of customs and general staffing issues
associated with air cargo operations and the impacts of such
issues on service.
(11) An assessment of the impact, cost, and estimated cost
savings of using modern comprehensive communications and
technology systems in air cargo operations.
(12) A description of the impact of Federal regulations and
local enforcement of interdiction and facilitation policies on
throughput.
(c) Report.--The Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate the results of the study carried out under this section.
SEC. 837. NEXT GENERATION RADIO ALTIMETERS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration,
in coordination with industry and other relevant government
stakeholders, shall carry out an accelerated program to assist with the
development, testing, and certification of the standards and technology
necessary to ensure industry and the Administration can certify,
produce and meet the installation requirements for next generation
radio altimeters across all necessary aircraft by January 1, 2028.
(b) Grant Program.--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 Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the 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.
SEC. 838. SENSE OF CONGRESS REGARDING SAFETY AND SECURITY OF AVIATION
INFRASTRUCTURE.
It is the sense of Congress that aviation provides essential
services critical to the United States economy and that it is important
to ensure the safety and security of aviation infrastructure and
protect such infrastructure from unlawful breaches with appropriate
legal safeguards.
SEC. 839. RESTRICTED CATEGORY AIRCRAFT MAINTENANCE AND OPERATIONS.
Notwithstanding any other provision of law, the Administrator of
the Federal Aviation Administration shall have sole jurisdiction over
the maintenance and operations of aircraft owned by civilian operators
and type-certificated in the restricted category under section 21.25 of
title 14, Code of Federal Regulations.
SEC. 840. REPORT ON TELEWORK.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committees on Appropriations of the Senate and the House of
Representatives, and make publicly available on a website of the
Administration, a detailed report on any direct and indirect costs and
inefficiencies associated with COVID-era telework policies at the
Federal Aviation Administration.
SEC. 841. CREWMEMBER PUMPING GUIDANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall issue guidance to part 121 air carriers relating
to the expression of milk by crewmembers on an aircraft during
noncritical phases of flight, consistent with the performance of the
crewmember's duties aboard the aircraft. The guidance shall be equally
applicable to any lactating crewmember. In developing the guidance, the
Administrator shall--
(1) consider multiple methods of expressing breast milk
that could be used by crewmembers, including the use of
wearable lactation technology; and
(2) ensure the guidance will not require an air carrier or
foreign air carrier to incur significant expense, such as
through--
(A) the addition of an extra crewmember in response
to providing a break;
(B) removal or retrofitting of seats on the
aircraft; or
(C) modification or retrofitting of an aircraft.
(b) Definitions.--In this section:
(1) Crewmember.--The term ``crewmember'' has the meaning
given such term in section 1.1 of title 14, Code of Federal
Regulations.
(2) Critical phases of flight.--The term ``critical phases
of flight'' has the meaning given such term in section 121.542
of title 14, Code of Federal Regulations.
(3) Part 121.--The term ``part 121'' means part 121 of
title 14, Code of Federal Regulations.
(c) Aviation Safety.--Nothing in this section shall limit the
authority of the Administrator relating to aviation safety under
subtitle VII of title 49, United States Code.
SEC. 842. AIRCRAFT INTERCHANGE AGREEMENT LIMITATIONS.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Administrator of Federal Aviation Administration shall
conduct a study of foreign interchange agreements.
(b) Contents.--In carrying out the study required under subsection
(a), the Administrator shall address the following:
(1) Methods for updating regulations under part 121.569 of
title 14, Code of Federal Regulations, for foreign interchange
agreements.
(2) Time limits for foreign aircraft interchange
agreements.
(3) Minimum breaks between foreign aircraft interchange
agreements.
(4) Limits for no more than 1 foreign aircraft interchange
agreement between 2 airlines.
(5) Limits for no more than 2 foreign aircraft on the
interchange agreement.
SEC. 843. 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 of the Federal
Aviation Administration shall initiate the development of a
plan to expand overall Federal Aviation Administration capacity
relating to facilities, instruction, equipment, and training
resources to grow the number of developmental air traffic
controllers enrolled per fiscal year and support increases in
FAA air controller staffing to advance the safety of the
national airspace system.
(2) Considerations.--In developing the plan under paragraph
(1), the Administrator shall consider--
(A) the resources needed to support an increase in
the total number of developmental air traffic
controllers enrolled at the FAA Academy;
(B) the resources needed to lessen FAA Academy
attrition per fiscal year;
(C) how to modernize the education and training of
developmental air traffic controllers, including
through the use of new techniques and technologies to
support instruction;
(D) the equipment needed to support expanded
instruction, including air traffic control simulation
systems, virtual reality, and other virtual training
platforms;
(E) projected staffing needs associated with FAA
Academy expansion and the operation of education
platforms, including the number of on-the-job
instructors needed to educate and train additional
developmental air traffic controllers;
(F) the costs of expanding Federal Aviation
Administration capacity at the existing air traffic
control academy (as described in paragraph (1)(A));
(G) soliciting input from, and coordinating with,
relevant stakeholders as appropriate, including the
exclusive bargaining representative of air traffic
control specialists of the Federal Aviation
Administration certified under section 7111 of title 5,
United States Code; and
(H) other logistical and financial considerations
as determined by appropriate the Administrator.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
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 Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate on the plan, including the implementation of the plan.
SEC. 844. LIMITATIONS FOR CERTAIN CARGO AIRCRAFT.
(a) In General.--The standards adopted by the Administrator of the
Environmental Protection Agency in part 1030 of title 40, Code of
Federal Regulations, and the requirements finalized by the
Administrator of the Federal Aviation Administration from the notice of
proposed rulemaking titled ``Airplane Fuel Efficiency Certification'',
and published on June 15, 2022 (RIN2120-AL54) in part 38 of title 14,
Code of Federal Regulations, shall not apply to any covered airplane
before the date that is 5 years after January 1, 2028.
(b) Operational Limitation.--The Administrator of the Federal
Aviation Administration shall limit the operation of any covered
airplane to domestic use or international operations, consistent with
relevant international agreements and standards, that--
(1) does not meet the standards and requirements described
in subsection (a); and
(2) received an original certificate of airworthiness
issued by the Administrator of the Federal Aviation
Administration on or after January 1, 2028.
(c) Definitions.--In this section:
(1) Covered airplane.--The term ``covered airplane'' means
an airplane that--
(A) is a subsonic jet that is a purpose-built
freighter;
(B) has a maximum takeoff mass greater than 180,000
kilograms but not greater than 240,000 kilograms; and
(C) has a type design certificated prior to January
1, 2023.
(2) Purpose-built freighter.--The term ``purpose-built
freighter'' means any airplane that--
(A) was configured to carry cargo rather than
passengers prior to receiving an original certificate
of airworthiness; and
(B) is configured to carry cargo rather than
passengers.
SEC. 845. COPYRIGHT PROTECTION FOR ORIGINAL DESIGNS OF AIRCRAFT FLOATS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall, as appropriate, coordinate with the Register of
Copyrights to help, to the extent feasible, aircraft float
manufacturers receive design protections provided under section 1301 of
title 17, United States Code.
(b) Aircraft Float Defined.--In this section, the term ``aircraft
float'' means a device suitable for use on an airplane that meets the
standards set forth in the technical standard order related to Twin
Seaplane Floats issued by the Federal Aviation Administration on July
31, 2018 (TSO-C27a), or any successor standard.
SEC. 846. DELIVERY OF CLEARANCE TO PILOTS VIA INTERNET PROTOCOL.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration
shall conduct testing and an evaluation to determine the feasibility of
the use, in air traffic control towers, technology for delivering
clearances via internet protocol to enable mobile device access for
general aviation and on-demand Part 135 air carriers at airports that
do not have Towered Data Link Services.
(b) Airport Selection.--The Administrator shall designate five
airports for participation in the initial airport pilot program after
consultation with the exclusive representatives of air traffic
controllers certified under section 7111 of title 5, United States
Code, airport sponsors, aircraft and avionics manufacturers, MITRE, and
aircraft operators and the designation should include airports of
different size and complexity.
(c) Program Objective.--The program shall address and include
safety, security, and operational requirements for mobile clearance
delivery at airports and heliports across the United States.
(d) Definitions.--In this section:
(1) Mobile clearance delivery.--The term ``mobile clearance
delivery'' means providing access to departure clearance and
clearance cancellation via Internet Protocol via applications
to pilots while aircraft are on the ground where traditional
data link installations are not feasible or possible.
(2) Part 135.--The term ``Part 135'' means part 135 of
title 14, Code of Federal Regulations.
(3) Tower data link services.--The term ``tower data link
services'' means communications between controllers and pilots
using controller-pilot data link communications.
(4) Suitable airport.--The term ``suitable airport'' shall
include towered airports, non-towered airports, and heliports.
(e) Report.--Not later than 1 year after the date on which the
mobile clearance delivery program becoming operational, the
Administrator shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
safety, security, and operational performance of the mobile clearance
services at airports pursuant to this section and recommendations on
how best to improve the program.
SEC. 847. REPORT ON INDO-PACIFIC AIRPORTS.
The Administrator of the Federal Aviation Administration, in
consultation with the Secretary of State, shall submit to Congress a
report on airports of strategic importance in the Indo-Pacific region
that includes each of the following:
(1) An identification of airports and air routes critical
to national security, defense operations, emergency response,
and continuity of government activities.
(2) An assessment of the economic impact and contribution
of airports and air routes to national and regional economies.
(3) An evaluation of the connectivity and accessibility of
airports and air routes, including their importance in
supporting domestic and international travel, trade, and
tourism.
(4) An analysis of infrastructure and technological
requirements necessary to maintain and enhance the strategic
importance of identified airports and air routes.
(5) An identification of potential vulnerabilities, risks,
and challenges faced by airports and air routes of strategic
importance, including cybersecurity threats and physical
infrastructure vulnerabilities.
(6) Any recommendations for improving the security,
resilience, and efficiency of the identified airports and air
routes, including potential infrastructure investments and
policy changes.
SEC. 848. GAO STUDY ON THE IMPLEMENTATION OF GRANTS AT AIRPORTS.
The Comptroller General of the United States shall conduct a study
on the implementation of grants provided to airports located in the
Freely Associated States under section 47115(i) of title 49, United
States Code.
SEC. 849. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
Section 157(b)(2) of the FAA Reauthorization Act of 2018 (49 U.S.C.
47113 note) is amended by adding at the end the following:
``(D) Publishing data.--The Secretary of
Transportation shall report on a publicly accessible
website the uniform report of DBE awards--commitments
and payments specified in part 26 of title 49, Code of
Federal Regulations, and the uniform report of ACDBE
Participation for non-car rental and car rental
concessions, for each airport sponsor beginning with
fiscal year 2024.''.
SEC. 850. STRUCTURES INTERFERING WITH AIR COMMERCE OR NATIONAL
SECURITY.
Section 44718 of title 49, United States Code, is amended--
(1) in subsection (a) by inserting ``on a publicly
available website'' after ``public notice'';
(2) by redesignating subsection (h) as subsection (i);
(3) in subsection (i) (as so redesignated) by adding at the
end the following:
``(3) Energy project.--The term `energy project' has the
meaning given such term in section 183a(h) of title 10.
``(4) Foreign principal; agent of a foreign principal.--The
terms `foreign principal' and `agent of a foreign principal'
have the meaning given such terms in section 1 of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611).''; and
(4) by inserting after subsection (g) the following:
``(h) Special Rule for Energy Projects.--
``(1) In general.--Any person who is required to submit an
application for an energy project under this section shall
include in such application a disclosure of any relationship
such person has with a foreign principal or with an agent of a
foreign principal.
``(2) Inaccurate disclosure of relationship with foreign
principal.--
``(A) In general.--The Secretary of Transportation,
in consultation with the Attorney General of the United
States and the head of any other relevant Federal
agency, shall establish a process to evaluate the
accuracy of a disclosure made under paragraph (1) and
determine whether a person has violated such paragraph.
``(B) Initial penalty for inaccurate disclosure.--
If the Secretary determines that a person has knowingly
violated paragraph (1), such person shall be prohibited
from submitting an application for an energy project
under this section during the period beginning on the
date on which the Secretary made the determination
under subparagraph (A) and ending on the date that is 2
years after such determination.
``(C) Penalties for subsequent inaccurate
disclosures.--If the Secretary determines that a person
knowingly violates paragraph (1) after an initial
violation under subparagraph (B), such person shall be
permanently prohibited from submitting an application
for an energy project under this section.''.
SEC. 851. EFFECT OF AIRLINE MERGERS FOR CONSUMERS.
(a) In General.--The Comptroller General of the United States shall
submit a report to Congress on the effect of airline mergers for
consumers, including passenger fares (including add-on fees), the
number of routes, the number of nonstop routes eliminated, and the
number of flight delays and cancellations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit a report on
the results of the study conducted under subsection (a) to the
following congressional committees:
(1) the Committee on Transportation and Infrastructure and
the Committee on the Judiciary of the House of Representatives;
and
(2) the Committee on Commerce, Science, and Transportation
and the Committee on the Judiciary of the Senate.
SEC. 852. TASK FORCE ON HUMAN FACTORS IN AVIATION SAFETY.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall convene a task force on human factors in aviation
safety (in this section referred to as the ``Task Force'').
(b) Composition.--The Task Force shall consist of members appointed
by the Administrator and having expertise in an operational or academic
discipline that is relevant to the analysis of human errors in
aviation. The number of members shall be determined by the
Administrator to ensure sufficient representation of relevant
operational and academic disciplines.
(c) Duration.--
(1) In general.--Members of the Task Force shall be
appointed for the length of the existence of the Task Force.
(2) Length of existence.--
(A) In general.--The Task Force shall have an
initial length of existence of 2 years.
(B) Option.--The Administrator may exercise an
option to lengthen the duration of the existence of the
Task Force for a period of 2 years.
(d) Disciplines.--For purposes of subsection (b), disciplines may
include air carrier operations, line pilot expertise, air traffic
control, technical operations, aeronautical information, aircraft
maintenance and mechanics psychology, linguistics, human-machine
integration, general aviation operations, and organizational behavior
and culture.
(e) Expertise.--
(1) In general.--No less than half of the members shall
have expertise in aviation.
(2) Additional expertise.--The Task Force shall include
members with expertise on human factors but whose experience
and training are not in aviation specifically and who have not
previously been engaged in work related to the Federal Aviation
Administration or the aviation industry. The Task Force shall
also include pilot labor organization, certificated mechanic
labor organizations, and at least one member from an air
traffic controller labor organization.
(f) Federal Aviation Administration Members.--
(1) In general.--Not more than 4 members may be employees
of the Federal Aviation Administration and National
Transportation Safety Board, excluding representatives of the
labor representatives of employees of the air traffic control
system. Not more than 2 members may be employees of the
National Transportation Safety Board. The Federal Aviation
Administration and the National Transportation Safety Board
members shall be non-voting.
(2) Federal aviation administration employees.--Any member
who is an Federal Aviation Administration employee shall have
expertise in safety.
(g) Duties.--In coordination with the Research, Engineering, and
Development Advisory Committee established under section 44508 of title
49, United States Code, the Task Force shall--
(1) not later than the date on which the Task Force is no
longer in existence, produce a written report that--
(A) to the greatest extent possible, identifies the
most significant human factors and the relative
contribution of such factors to aviation safety risk;
(B) identifies new research priorities for research
in human factors in aviation safety;
(C) reviews existing products by other working
groups related to human factors in aviation safety
including the Commercial Aviation Safety Team (CAST)'s
work pertaining to flight crew responses to abnormal
events;
(D) provides recommendations on potential revisions
to any Federal Aviation Administration regulations and
guidance pertaining to the certification of aircraft
under part 25 of title 14, Code of Federal Regulations,
including sections related to presumed pilot response
times and assumptions about the reliability of pilot
performance during unexpected, stressful events;
(E) reviews rules, regulations, or standards
regarding flight crew rest and fatigue, as well as
maintenance personnel rest and fatigue, that are used
by a sample of international air carriers, including
those deemed to be more stringent and less stringent
than the current standards pertaining to United States
air carriers, and identify risks to the National
Airspace System from any such variation in standards
across countries;
(F) reviews pilot training requirements and
recommend any revisions necessary to ensure adequate
understanding of automated systems on aircraft;
(G) reviews approach and landing misalignment and
make any recommendations for improving these events;
(H) identifies ways to enhance instrument landing
system maintenance schedules; determines how a real-
time smart system should be developed that informs the
Air Traffic Control System, Airlines, and Airports
about any changes in the state of runway and taxiway
lights; and identifies how this system could be
connected to the Federal Aviation Administration's
maintenance system;
(I) analyzes, with respect to human errors related
to aviation safety of part 121 air carriers--
(i) fatigue and distraction during critical
phases of work among pilots or other aviation
personnel;
(ii) tasks and workload;
(iii) organizational culture;
(iv) communication among personnel;
(v) adherence to safety procedures;
(vi) mental state of personnel; and
(vii) any other relevant factors that are
the cause or potential cause of human error
related to aviation safety;
(J) includes a tabulation of the number of
accidents, incidents, or aviation safety database
entries received in which an item identified under
subparagraph (I) was a cause or potential cause of
human error related to aviation safety; and
(K) includes a list of causes or potential causes
of human error related to aviation safety about which
the Administrator believes additional information is
needed; and
(2) if the Secretary exercises the option described in
subsection (c)(2)(B), not later than the date that is 2 years
after the date of establishment of the Task Force, produce an
interim report containing the information described in
paragraph (1).
(h) Methodology.--To complete the report under subparagraphs (I)
through (K) of subsection (g)(1), the Task Force shall consult with the
National Transportation Safety Board and use all available data
compiled and analysis conducted on safety incidents and irregularities
collected during the relevant fiscal year from the following:
(1) Flight Operations Quality Assurance.
(2) Aviation Safety Action Program.
(3) Aviation Safety Information Analysis and Sharing.
(4) The Aviation Safety Reporting System.
(5) Aviation safety recommendations and investigation
findings of the National Transportation Safety Board.
(6) Other relevant programs or sources.
(i) Applicable Law.--Section 1013 of title 5, United States Code,
shall not apply to the Task Force.
SEC. 853. SENSE OF CONGRESS ENCOURAGING THE FAA TO WELCOME THE USE OF
UNMANNED AERIAL VEHICLES.
It is the sense of Congress that Congress encourages the Federal
Aviation Administration to welcome the use of unmanned aerial vehicles,
such as drones, to bolster and augment traditional manual inspection,
survey, and maintenance operations, including operations that relate to
electric transmission infrastructure, water quality and the presence of
harmful algal blooms, transportation infrastructure, national parks,
and telecommunications infrastructure.
SEC. 854. EVALUATION OF EMERGENCY RESPONSE PLANS.
(a) In General.--The Comptroller General of the United States
shall, in consultation with industry stakeholders and the owners or
operators of airports certified by the Administrator of the Federal
Aviation Administration, conduct an evaluation of a representative
sample of the emergency plans in place at such airports.
(b) Contents.--In conducting the evaluation under subsection (a),
the Comptroller General shall assess, with respect to such airports,
the following:
(1) Electricity supply on normal operating procedures.
(2) Resiliency plans for maintaining appropriate
electricity supply to continue airport operations in the case a
natural disaster disrupts the airport's primary power source.
(3) Backup electricity plans in the event a natural
disaster disrupts, partially or completely, the airport's
primary power source.
(4) A comparison of previous versions of the airport's
emergency response plans and how current and future airport
emergency response plans may be similar or different than the
emergency response plans of the past.
(5) The overall impact of an airport losing its primary
power source on communities surrounding the airport and any
public health and safety risks that may result.
(c) Submission.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of the evaluation conducted under
subsection (a).
SEC. 855. STUDY ON AIR CARGO OPERATIONS IN PUERTO RICO.
(a) In General.--No later than 180 days after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study on air cargo operations in Puerto Rico.
(b) Contents.--In conducting the study required under subsection
(a), the Comptroller General shall address the following:
(1) The economic impact of waivers authorized by the
Secretary of the Department of Transportation related to air
cargo operations in Puerto Rico.
(2) Recommendations for security measures that may be
necessary to support increased air cargo operations in Puerto
Rico.
(3) Potential need for additional staff to safely
accommodate additional air cargo operations.
(4) Airport infrastructure improvements that may be needed
in the 3 international airports located in Puerto Rico to
support increased air cargo operations.
(5) Alternatives to increase private stakeholder engagement
and use of the 3 international airports in Puerto Rico to
attract increased air cargo operations.
(6) Possible national benefits of increasing air cargo
operations in Puerto Rico.
(c) Report.--Not later than 12 months after the date of enactment
of this Act, the Comptroller General shall submit to the appropriate
Committees of Congress a report on the results of the study described
in subsection (a).
SEC. 856. PROHIBITION ON OPERATION OF AIRCRAFT OVER RUSSIAN AIRSPACE.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of State and other relevant Federal officials,
shall--
(1) amend NOTAM KICZ NOTAM A0005/22-Security, titled
``United States of America Prohibition Against Certain Flights
in specified areas of the Moscow (UUWV), Samara (UWWW) and
Rostov-Na Donu (URRV) Flight Information Regions (FIR))'' to
apply the prohibitions equally to air carriers and foreign air
carriers landing in or taking off from an airport in the United
States;
(2) take other actions within the authorities of the
Secretary to apply to foreign air carriers landing in, or
taking off from, an airport in the United States prohibitions
consistent with the prohibitions in the NOTAM referred to in
paragraph (1); or
(3) provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, a briefing, in a classified or unclassified setting, if
the Secretary finds that the implementation of paragraph (1) or
(2) is--
(A) unnecessary;
(B) not in the public interest; or
(C) not consistent with the foreign policy
priorities of the United States.
(b) Sunset.--Any prohibition implemented pursuant to subsection (a)
shall terminate on the date on which the NOTAM referred to in
subsection (a) is rescinded.
(c) Savings Clause.--Nothing in this section shall be construed as
putting any limitation on the authority of the Secretary of
Transportation to implement any prohibition in addition or subsequent
to a prohibition implemented under subsection (a).
(d) Definitions.--Each of the terms used in this section shall have
the meanings given such terms in section 40102(a) of title 49, United
States Code.
SEC. 857. GAO STUDY ON AVIATION WORKFORCE.
(a) In General.--The Comptroller General of the United States shall
conduct a study on methods related to the recruitment, retention,
employment, education, training, and well-being of the aviation
workforce specifically within rural communities.
(b) Collaboration.--In conducting the study under subsection (a),
the Comptroller General shall collaborate with industry stakeholders
and rural aviation facilities to ascertain the best policies for
increasing participating in the aviation workforce community from
individuals from rural communities.
(c) Report to Congress.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General shall submit the results
of the study under subsection (a) to the appropriate congressional
committees.
(d) Administrative Actions.--The Administrator of the Federal
Aviation Administration shall take such actions as are reasonable to
implement the recommendations made by the Comptroller General from the
study conducted under subsection (a).
SEC. 858. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT OF
TRANSPORTATION OF COUNTER-UAS SYSTEM OPERATIONS.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Transportation shall assess all actions taken by the Federal Aviation
Administration affecting the ability of U.S. Customs and Border
Protection to conduct counter-UAS system operations at the southern
border of the United States from January 1, 2021, to such date of
enactment.
(b) Considerations.--The assessment under subsection (a) shall
consider the following impacts:
(1) Operational capabilities of U.S. Customs and Border
Protection in detecting and mitigating unauthorized unmanned
aircraft systems.
(2) Coordination efforts and information sharing between
the Federal Aviation Administration and U.S. Customs and Border
Protection regarding counter-UAS system operations.
(3) Any other impacts or considerations the Inspector
General of the Department of Transportation determines
relevant.
(c) Report.--Not later than 90 days after the completion of the
assessment under subsection (a), the Inspector General of the
Department of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report detailing the findings of such assessment.
(d) Definitions.--In this section:
(1) Counter-UAS system.--The term ``counter-UAS system''
has the meaning given such term in section 44801 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. 859. BRIEFING ON LIT VORTAC PROJECT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall provide a briefing on the Little Rock Port
Authority Very High Frequency Omni-Directional Radio Range Tactical Air
Navigation Aid Project (LIT VORTAC) to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(b) Briefing Contents.--The briefing required under subsection (a)
shall include the following:
(1) (1) The status of the efforts by the Federal Aviation
Administration to relocate the LIT VORTAC.
(2) The status of new flight planning of the relocated
VORTAC.
(3) A description of and timeline for each remaining phase
of the relocation project.
SEC. 860. REIMBURSEMENT FOR FINANCIAL LOSSES DUE TO CERTAIN AIRPORT
CLOSURES.
(a) Notification Required.--Not later than 30 days after the date
on which a President takes office, the Administrator of the Federal
Aviation Administration shall provide notification to specified
aviation entities located at any airports that may be expected to close
at any point during the term of such President due to temporary flight
restrictions related to any residence of the President that is
designated or identified to be secured by the United States Secret
Service.
(b) Reimbursement Required.--Subject to the availability of
appropriations, the Administrator shall provide financial reimbursement
to specified aviation entities in an amount equal to the direct and
incremental financial losses incurred while an airport, or portion
thereof, is closed solely due to the actions of the Federal Government
as described in subsection (a). The Administrator shall provide
reimbursement for such losses.
(c) Audit Required.--The Administrator may not obligate or
distribute reimbursement funding described in subsection (b) until an
audit of the financial losses incurred by a specified aviation entity
is completed by the Administrator. The Administrator may request that
specified aviation entities provide documentation which the
Administrator determines is necessary to complete such audit.
(d) Ineligible Costs.--In carrying out this section, the
Administrator shall ensure that any loss incurred as a result of a
violation of law, or through fault or negligence, of a specified
aviation entity are not eligible for reimbursements
(e) Government Release From Liability.--The United States
Government shall not be liable for claims for financial losses
resulting from airport closures described in subsection (a).
(f) Specified Aviation Entity Defined.--In this section, the term
``specified aviation entity'' means--
(1) an airport sponsor that does not provide gateway
operations;
(2) a provider of general aviation ground support services;
or
(3) an impacted aviation tenant.
SEC. 861. PROHIBITION ON CERTAIN RUNWAY LENGTH REQUIREMENTS.
Notwithstanding any other provision of law, the Secretary of
Transportation may not require an airport to shorten the length or
width of the airport's runway, apron, or taxiway as a condition for the
receipt of federal financial assistance if the airport directly
supports a base of the United States Air Force or the Air National
Guard at the airport, regardless of the stationing of military
aircraft.
SEC. 862. STUDY ON PILOT SUPPLY ISSUES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the shortage of pilots faced by air carriers.
(b) Contents.--In conducting the study under subsection (a), the
Comptroller General shall address ways to overcome challenges to the
pilot workforce.
SEC. 863. GAO STUDY ON FAA RESPONSIVENESS TO CONGRESS.
(a) GAO Study.--The Comptroller General of the United States shall
conduct a study on--
(1) the level of responsiveness of the Administrator of the
Federal Aviation Administration to a request for information
from a Member of Congress, including a written congressional
inquiry and staffing a meeting at the request of such a Member;
and
(2) the average timeframe responses are provided to the
requests described in paragraph (1).
(b) Annual Briefing to Congress.--Section 106 of title 49, United
States Code, is amended by adding at the end the following:
``(u) Annual Briefing to Congress.--The Administrator shall
annually brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on--
``(1) the efforts, activities, objectives, and plans of the
Administration; and
``(2) the efforts of the Administration to engage with
Congress and the public.''.
SEC. 864. GAO STUDY ON TRANSIT ACCESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study, and make the results of such study publicly
accessible, on transit access to airports.
(b) Contents.--In carrying out the study under subsection (a), the
Comptroller General shall review public transportation access to
commercial service airports throughout the United States, including
cost, disability accessibility, and other potential barriers for
individuals.
SEC. 865. APPRENTICESHIP PROGRAM FOR PILOTS.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means a student
enrolled at a flight school.
(2) Flight school.--The term ``flight school'' means a
flight academy certified under part 141 of title 14, Code of
Federal Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--The Secretary, in consultation with flight
schools and other industry stakeholders, shall establish an
apprenticeship program with flight schools to establish a pipeline of
qualified and interested individuals to become commercial pilots.
(c) Selection.--Under the apprenticeship program established under
subsection (b), each flight school participating in the apprenticeship
program established under subsection (b) may select up to 8 applicants
to flight school to serve as apprentices each academic year.
(d) Curriculum and Requirements.--
(1) In general.--To graduate from an apprenticeship program
established under subsection (b), an apprentice shall satisfy
any relevant requirements and minimum curriculum under part 141
of title 14, Code of Federal Regulations (or successor
regulations), including all curriculum under subpart C of such
part.
(2) Minimum requirements.--Nothing in this Act prevents a
flight school from imposing additional requirements, such as
modifying the terms of service of the apprenticeship program,
on an apprentice taking part in an apprenticeship program
established pursuant to this section.
(e) Optional Program.--A flight school may choose not to
participate in an apprenticeship program established under this
section.
(f) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue such regulations as are
necessary to implement this Act.
(g) Incentivizing Retired Pilots.--The Secretary shall take such
actions as may be appropriate to develop methods to incentivize pilots,
including retired military pilots, retiring airline pilots, and
graduates of the apprenticeship program established under this section,
to become instructors at flight schools, including through the
development of pathway programs for such pilots to gain initial
qualification or concurrent qualification as certified flight
instructors under part 61 of title 14, Code of Federal Regulations.
SEC. 866. 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 of the Federal Aviation Administration
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,
unless such aircraft is later type-rated by the Administrator.
(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.--In this section:
(1) Covered aircraft.--The term ``covered aircraft'' means
an aircraft type-certificated in the restricted category under
section 21.25 of title 14, Code of Federal Regulations, used
for transporting firefighters to and from the site of a
wildfire in order to perform ground wildfire suppression for
the purpose of extinguishing a wildfire on behalf of, or
pursuant to a contract with, a Federal, State, or local
government agency.
(2) Firefighters.--The term ``firefighters'' means a
trained fire suppression professional the transport of whom is
necessary to accomplish a wildfire suppression operation.
SEC. 867. AIR STATISTIC REPORTS.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Transportation shall ensure that the Bureau of
Transportation Statistics revises and maintains Technical Reporting
Directive No. 31 (14 CFR Part 234) to provide that the following events
are not included within the air carrier codes specified in such
Directive:
(1) Aircraft cleaning necessitated by such incidents as the
death of a passenger, excessive bleeding, service animal (SVAN)
soiling, and extensive debris left by customers.
(2) Aircraft damage caused by extreme weather, bird strike,
foreign object debris (FOD), sabotage, and other similar
causes.
(3) Awaiting the arrival of connecting passengers or crew
due to weather or local or National Airspace System logistics.
(4) Awaiting the results of an unexpected alcohol test of a
crewmember caused by the suspicion or accusation of a customer.
(5) Awaiting gate space due to congestion not within the
carrier's control, including the utilization of common gates or
uncontrollable gate returns resulting from constraints of the
National Airspace System.
(6) A baggage or cargo loading delay caused by an outage of
a bag system not controlled by a carrier, including wind
affecting ramp conditions, late connecting bags resulting from
an air traffic controller delay, airport infrastructure
failure, and similar causes.
(7) Cabin servicing or catering delays due to weather or
wind.
(8) Vendor computer outages, cybersecurity attacks
(provided that the carrier is in compliance with applicable
cybersecurity regulations), or issues related to the use of
airport-supplied communications equipment (such as common-use
gates and terminals, power outage, and lighting).
(9) Availability of crew related to hours flown, rest
periods, and on-duty times not caused by a carrier, including a
delay of a crew replacement or reserve necessitated by a non-
controllable event, and pilot or flight attendant rest related
to weather, air traffic controller, or local logistics.
(10) An unscheduled engineering or safety inspection.
(11) Public health issues.
(12) Fueling delays related to weather or airport fueling
infrastructure issues, including the inoperability of a fuel
farm or unusable fuel which does not meet specified
requirements at delivery to an airport due to contamination in
the supply chain.
(13) Government systems that are inoperable or otherwise
unable to receive forms which have been properly completed by
an air carrier.
(14) Overheated brakes resulting from a safety incident,
including those resulting from emergency procedures.
(15) Mail from the U.S. Postal Service that was delayed in
arrival.
(16) Unscheduled maintenance, including airworthiness
issues manifesting outside a scheduled maintenance program and
that cannot be deferred or must be addressed before flight.
(17) A medical emergency.
(18) Positive passenger bag match flags that require
removal of a bag in order to ensure security.
(19) The removal of an unruly passenger.
(20) Ramp service from a third-party contractor, including
servicing of potable water, lavatory servicing, and shortage of
third-party ramp equipment.
(21) Snow removal or aircraft de-icing due to the
occurrence of extreme weather despite adequate carrier
resources, or the removal of snow on ramps.
(22) An airport closure due to such factors as the presence
of volcanic ash, wind or wind shear.
SEC. 868. SENSE OF CONGRESS ON FAA ENGAGEMENT AND COLLABORATION WITH
HBCUS AND MSIS.
It is the sense of Congress that the Federal Aviation
Administration should continue to partner with historically Black
colleges and universities and minority-serving institutions to promote
awareness of career opportunities and develop curriculum related to
aerospace, aviation and air traffic control.
SEC. 869. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF FEDERAL
AVIATION ADMINISTRATION YOUTH ACCESS TO AMERICAN JOBS IN
AVIATION TASK FORCE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Transportation, acting through the Administrator
of the Federal Aviation Administration, shall submit to Congress a
report on the implementation of the following recommendations of the
Federal Aviation Administration Youth Access to American Jobs in
Aviation Task Force established under section 602 of the FAA
Reauthorization Act of 2018 (Public Law 115-254):
(1) The recommendation to improve information access about
careers in aviation and aerospace.
(2) The recommendation to collaboration across regions of
the Federal Aviation Administration on outreach and workforce
development programs.
(3) The recommendation to increase opportunities for
mentoring, pre-apprenticeships, and apprenticeships in
aviation.
SEC. 870. IMPLEMENTATION OF DYNAMIC SCHEDULING AND MANAGEMENT OF
CERTAIN AIRSPACE.
(a) In General.--In carrying out the pilot program established
under section 1093 of Public Law 117-263 (49 U.S.C. 40103 note), the
Administrator of the Federal Aviation Administration, in coordination
with the Secretary of Defense, shall--
(1) evaluate the impact on the operation of the national
airspace system of process improvements in how the Department
of Defense shares real-time updates on the status of special
activity airspace and special use airspace for activities
described in paragraph (1) of section 1093 of Public Law 117-
263 (49 U.S.C. 40103, note); and
(2) ensure that such improvements make the Federal Aviation
Administration able to use such status changes to effectively
grant access to special activity airspace and special use
airspace to civil operators in the national airspace system.
(b) Development, Test and Assessment of Dynamic Airspace Tools and
Systems.--
(1) Tests.--Under the pilot program referred to in
subsection (a), and to complete the evaluations prescribed
above, the Administrator and Secretary shall jointly test
software and services that automate the means by which the
Department of Defense shares changes in the status of special
activity airspace and special use airspace established by the
Federal Aviation Administration for use by civil operators in
the national airspace system.
(2) Automation.--The Secretary and the Administrator shall
ensure that the processes referred to in paragraph (1)(B) of
section 1093 of Public Law 117-263 (49 U.S.C. 40103, note) are
automated, adhere to advanced data protection protocols, and
use tools and systems developed for this purpose that are in
use by the Federal Aviation Administration and by civil
operators in the national airspace system.
(c) Report.--Not more than 365 days following the date of enactment
of this section, the Secretary and the Administrator shall jointly
submit a report to Congress on the impact of dynamic scheduling and
management of special activity airspace and special use airspace, with
specific information on--
(1) impact on military training and readiness;
(2) impact on workload and accuracy of sharing status
changes on airspace with the Federal Aviation Administration;
and
(3) impact on the operation of the national airspace system
including reductions in miles flown.
(d) Requirements.--The capabilities referred to in subsection (a)
shall not interfere with--
(1) the public's right of transit consistent with national
security;
(2) the use of airspace necessary to ensure the safety of
aircraft within the national airspace system; or
(3) the use of airspace necessary to ensure the efficient
use of the national airspace system.
SEC. 871. PROHIBITION ON PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--The Secretary of Transportation is prohibited from
entering into a contract or awarding a grant for the procurement of a
small unmanned aircraft system manufactured or assembled by a covered
foreign entity.
(b) Exemption.--
(1) In general.--The Secretary is exempt from any
restrictions under subsection (a) if the procurement is for the
purposes of testing, evaluation, analysis, or training related
to--
(A) counter-unmanned aircraft systems, including
activities conducted under the Federal Aviation
Administration's Alliance for System Safety of UAS
through Research Excellence Center of Excellence or by
the UAS test sites under section 44803 of title 49,
United States Code; or
(B) the safe, secure, or efficient operation of the
National Airspace System or maintenance of public
safety.
(2) National transportation safety board exemption.--The
National Transportation Safety Board, in consultation with the
Secretary of Homeland Security, is exempt from any restrictions
under subsection (a) if the procurement is necessary for the
sole purpose of conducting safety investigations.
(c) Waiver.--The Secretary of Transportation (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 Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that the procurement is
required in the national interest of the United States.
(d) Effective Dates.--
(1) In general.--Beginning on the date of enactment of this
Act, the Secretary may not award a new grant for the
procurement of an unmanned aircraft system manufactured by a
covered foreign entity.
(2) Existing grant.--This section shall not apply to grants
awarded before the date of enactment of this Act.
(e) 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) that is a subsidiary or affiliate of an entity
described in subparagraphs (A) through (C).
(2) 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. 872. BANNING MUNICIPAL AIRPORT.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a study on the Banning Municipal Airport to identify--
(1) aviation traffic at the Airport in each of the last 10
years, and estimated future traffic each year in the next 10
years;
(2) associated annual revenues and costs in each year to
service aviation traffic during the last 10 years, and to
continue to service it for another 10 years;
(3) use of the facility for fighting wildfires and the
degree of its utility to the local County fire department or
other emergency first responders;
(4) status of the Airport's current infrastructure and
planned improvements, if any, and during the next 5 years and
their associated costs;
(5) perspectives of and impact on the Morongo Band of
Indians resulting from operation of the airport near tribal
lands; and
(6) Federal funds that would be required to modernize the
Airport's infrastructure to assure no annual operating
financial losses for the next 10 years.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to the
appropriate committees of Congress a report on the results of the
study.
SEC. 873. FEASIBILITY STUDY OF HARDENING SATELLITES THAT CONTRIBUTE TO
UNITED STATES AEROSPACE NAVIGATION.
The Administrator of the Federal Aviation Administration shall
conduct a feasibility study to determine the cost to harden satellites
that contribute to United States aerospace navigation.
SEC. 874. STUDY AND REPORT ON EFFECTS OF UNMANNED FREE BALLOONS ON
AVIATION SAFETY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration, in coordination with the heads of other relevant
Federal agencies, shall submit a report to the appropriate committees
of Congress on the effects unmanned free balloon operations, that do
not emit electronic or radio signals for identification purposes,
launched within the United States and its territories may have on
aviation safety.
(b) Considerations.--In carrying out this section, the
Administrator shall consider--
(1) current technology available and employed to track
unmanned free balloon operations described under subsection
(a);
(2) how the flights of such operations have affected, or
could affect, aviation safety;
(3) how such operations have contributed, or could
contribute, to misidentified threats to civil or military
aviation operations or infrastructure; and
(4) how such operations have impacted, or could impact,
national security and air traffic control operations.
(c) Recommendations.--The report specified under subsection (a)
shall contain recommendations on the following:
(1) The need for unmanned free balloons launched within the
United States and its territories to be equipped with
technology that may increase the near real-time trackability of
such balloons to deconflict airspace and maintain aviation
safety of the national airspace system in support of
Administration and Department of Defense aviation operations.
(2) The feasibility and efficacy in requiring the equipage
and usage of such technology.
(d) Appropriate.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Armed Services of the House of
Representatives;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Armed Services of the Senate; and
(4) the Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 875. UPDATE TO FAA ORDER ON AIRWAY PLANNING STANDARD.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Aviation Administration shall take
such actions as may be necessary to update FAA Order 7031.2c, titled
``Airway Planning Standard Number One-Terminal Air Navigation
Facilities and Air Traffic Control Services'', to lower the remote
radar bright display scope installation requirement from 30,000 annual
itinerant operations to 15,000 annual itinerant operations.
SEC. 876. SURFACE SURVEILLANCE.
(a) In General.--Not later than 180 days after enactment of this
Act, the Administrator shall conduct a study of surface surveillance
systems that are operational as of the date of enactment of this Act.
(b) Contents.--In carrying out the study required under subsection
(a), the Administrator shall--
(1) demonstrate that any change to the configuration of
such systems or decommissioning of a sensor from such systems
provides an equivalent level of safety as the current system;
(2) determine how a technology refresh of legacy sensor
equipment can reduce operational and maintenance costs compared
to current costs and extend the useful life and affordability
of such systems; and,
(3) consider how to enhance such systems through new
capabilities and software tools that improve the safety of
terminal airspace and the airport surface.
(c) Consultation.--In carrying out the study under subsection (a),
the Administrator shall consult with representatives of--
(1) National Transportation Safety Board;
(2) aviation safety experts with specific knowledge of
surface surveillance technology, including multilateration and
ADS-B; and,
(3) representatives with expertise in surface safety of the
exclusive bargaining representative of the air traffic
controllers certified under section 7111 of title 5, United 24
States Code; and
(4) representatives of the certified bargaining
representative of airway transportation systems specialists for
the Federal Aviation Administration.
(d) Report.--Upon completion of the review initiated under
subsection (a), the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report describing the findings of such review and shall make all data
related to the safety analysis and conclusions developed under
subsection (b) available to the public on the website of the
Administration in a downloadable format.
(e) Implementation.--Upon submission of the report required by
subsection (d), the Administrator may implement changes to surface
surveillance systems based on the outcome of the review in subsection
(b).
SEC. 877. CERTIFICATION AND REPORT BY INSPECTOR GENERAL RELATING TO
RADAR IMPACTS AND OFFSHORE WIND DEVELOPMENT APPROVAL
PROCESS.
(a) Certification.--Not later than 90 days after the date of the
enactment of this Act, the President (or a designee) shall certify in
writing that--
(1) offshore wind projects in the North Atlantic and Mid-
Atlantic Planning Areas will not weaken, degrade, interfere
with, or nullify the performance and capabilities of radar
relied upon by commercial aviation, military aviation, space
launch vehicles, or other commercial space launch activities;
and
(2) the development of offshore wind projects in the North
Atlantic and Mid-Atlantic Planning Areas will not degrade the
capabilities of the Federal Aviation Administration to monitor
United States airspace, or hinder commercial, private, or
military aviation activities.
(b) Audit and Report by Inspector General.--
(1) Audit and report.--The Inspector General of the
Department of Transportation shall audit and report to Congress
on the effects of offshore wind industrialization related to
radar, impacts to commercial air and military traffic, and the
sufficiency of the review and approval process for offshore
wind projects in the North Atlantic and Mid-Atlantic Planning
Areas. Such report shall also include the following:
(A) An investigation of the sufficiency of the
process for approving offshore wind projects, and these
projects impact on radar, including the consultation
process between the Bureau of Ocean Energy Management,
the Federal Aviation Administration, and the Military
Aviation and Installation Assurance Siting
Clearinghouse, and whether concerns voiced by the
Federal Aviation Administration, the United States
Armed Forces were sufficiently considered in the
approval process.
(B) A specific study on the impact of such projects
on shore based radar capabilities.
(C) A determination whether offshore wind projects
will weaken, compromise, or interfere with, or nullify
the usage of radar utilized by the Federal Aviation
Administration, the United States Armed Forces, and the
National Aeronautics and Space Administration, as well
as commercial space launch activities.
(D) An audit of the approval applications by the
Military Aviation and Installation Assurance Siting
Clearinghouse regarding concerns voiced over the impact
to radar and ability to identify airborne threats,
freedom to navigate United States airspace, and ability
to train within United States airspace.
(E) A determination whether any offshore wind
projects will impact, alter, or disrupt commercial,
private, or military aviation flight paths.
(F) A determination whether any offshore wind
projects will impact, compromise, inhibit, or nullify
the usage of radar and sonar technologies utilized by
the armed forces and any agencies carrying out space
launch programs.
(G) A determination whether any offshore wind
projects will impact, compromise, or inhibit the
ability of the United States Coast Guard to conduct
maritime safety and lifesaving operations.
(H) An assessment of how offshore wind energy
projects impact low-level military airspace off the
Atlantic Coast.
(I) A determination whether the mitigation
strategies laid out in the 2016 Report on the Impact of
Wind Energy Developments on Military Installations are
sufficient, achievable and, realistic.
(2) Survey required.--
(A) In general.--The Inspector General of the
Department of Transportation shall conduct a survey of
individuals directly responsible for installations and
units effected by offshore wind development projects,
including those currently underway and those proposed,
with respect to--
(i) mission critical capabilities related
to radar interference, sonar interference,
lifesaving operations, and training missions;
and
(ii) the sufficiency of local military
installation commander input in the approval
process.
(B) Report.--The Inspector General of the
Department of Transportation shall submit to Congress a
report containing the results of the survey required by
subparagraph (A) not later than 180 days after the date
of the enactment of this Act.
(c) Classified Annex.--The reports required under subsection(b)(1)
and (b)(2)(B) shall be submitted in unclassified form, but may include
a classified annex.
TITLE IX--NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2023
SEC. 901. SHORT TITLE.
This title may be cited as the ``National Transportation Safety
Board Amendments Act of 2023''.
SEC. 902. AUTHORIZATION OF APPROPRIATIONS.
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 $142,000,000 for fiscal year 2024,
$145,000,000 for fiscal year 2025, $150,000,000 for fiscal year 2026,
$155,000,000 for fiscal year 2027, and $161,000,000 for fiscal year
2028. Such sums shall remain available until expended.''.
SEC. 903. CLARIFICATION OF TREATMENT OF TERRITORIES.
Section 1101 of title 49, United States Code, is amended to read as
follows:
``Sec. 1101. Definitions
``(a) In General.--In this chapter:
``(1) Accident.--The term `accident' includes damage to or
destruction of vehicles in surface or air transportation or
pipelines, regardless of whether the initiating event is
accidental or otherwise.
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, American Samoa, the Northern Mariana Islands, and
Guam.
``(b) Applicability of Other Definitions.--Section 2101(23) of
title 46 and section 40102(a) shall apply to this chapter.''.
SEC. 904. ADDITIONAL WORKFORCE TRAINING.
(a) Training on Emerging Transportation Technologies.--Section
1113(b)(1) of title 49, United States Code, is amended--
(1) in subparagraph (I) by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (J) by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(K) notwithstanding section 3301 of title 41, acquire
training on emerging transportation technologies.''.
(b) Additional Training Needs.--Section 1115(d) of title 49, United
States Code, is amended by inserting ``and in those subjects furthering
the personnel and workforce development needs set forth in the
strategic workforce plan of the Board as required under section
1113(h)'' after ``of accident investigation''.
SEC. 905. ACQUIRING MISSION-ESSENTIAL KNOWLEDGE AND SKILLS.
Section 1113(b) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Direct Hire Authority.--
``(A) In general.--Notwithstanding section 3304 and
sections 3309 through 3318 of title 5, the Chairman may, on a
determination that there is a severe shortage of candidates or
a critical hiring need for particular positions, recruit and
directly appoint into the competitive service highly qualified
personnel with specialized knowledge important to the function
of the Board.
``(B) Limitation.--The authority granted under subparagraph
(A) shall terminate on the date that is 5 years after the date
of the enactment of this paragraph.
``(C) Exception.--The authority granted under subparagraph
(A) shall not apply to positions in the excepted service or the
Senior Executive Service.
``(D) Requirements.--In exercising the authority granted
under subparagraph (A), the Board shall ensure that any action
taken by the Board--
``(i) is consistent with the merit principles of
section 2301 of title 5; and
``(ii) complies with the public notice requirements
of section 3327 of title 5.''.
SEC. 906. OVERTIME ANNUAL REPORT TERMINATION.
Section 1113(g)(5) of title 49, United States Code, is repealed.
SEC. 907. STRATEGIC WORKFORCE PLAN.
Section 1113 of title 49, United States Code, is amended by adding
at the end the following:
``(h) Strategic Workforce Plan.--
``(1) In general.--The Board shall develop a strategic
workforce plan that addresses the immediate and long-term
workforce needs of the Board with respect to carrying out the
authorities and duties of the Board under this chapter.
``(2) Aligning the workforce to strategic goals.--In
developing the strategic workforce plan under paragraph (1),
the Board shall take into consideration--
``(A) the current state and capabilities of the
Board, including a high-level review of mission
requirements, structure, workforce, and performance of
the Board;
``(B) the significant workforce trends, needs,
issues, and challenges with respect to the Board and
the transportation industry;
``(C) the workforce policies, strategies,
performance measures, and interventions to mitigate
succession risks that guide the workforce investment
decisions of the Board;
``(D) a workforce planning strategy that identifies
workforce needs, including the knowledge, skills, and
abilities needed to recruit and retain skilled
employees at the Board;
``(E) a workforce management strategy that is
aligned with the mission, goals, and organizational
objectives of the Board;
``(F) an implementation system for workforce goals
focused on addressing continuity of leadership and
knowledge sharing across the Board;
``(G) an implementation system that addresses
workforce competency gaps, particularly in mission-
critical occupations; and
``(H) a system for analyzing and evaluating the
performance of the Board's workforce management
policies, programs, and activities.
``(3) Planning period.--The strategic workforce plan
developed under paragraph (1) shall address a 5-year forecast
period, but may include planning for longer periods based on
information about trends in the transportation sector.
``(4) Plan updates.--The Board shall update the strategic
workforce plan developed under paragraph (1) not less than once
every 5 years.
``(5) Relationship to strategic plan.--The strategic
workforce plan developed under paragraph (1) may be developed
separately from, or incorporated into, the strategic plan
required under section 306 of title 5.
``(6) Availability.--The strategic workforce plan under
paragraph (1) and the strategic plan required under section 306
of title 5 shall be--
``(A) submitted to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate; and
``(B) made available to the public on a website of
the Board.''.
SEC. 908. TRAVEL BUDGETS.
(a) In General.--Section 1113 of title 49, United States Code, is
further amended by adding at the end the following:
``(i) Nonaccident Related Travel Budget.--
``(1) In general.--The Board shall establish annual fiscal
year budgets for non accident-related travel expenditures for
each Board member.
``(2) Notification.--The Board shall notify the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of any non accident-related travel
budget overrun for any Board member not later than 30 days of
such overrun becoming known to the Board.''.
(b) Conforming Amendment.--Section 9 of the National Transportation
Safety Board Amendments Act of 2000 (49 U.S.C. 1113 note) is repealed.
SEC. 909. RETENTION OF RECORDS.
Section 1113 of title 49, United States Code, is further amended by
adding at the end the following:
``(j) Retention of Records.--Notwithstanding chapters 21, 29, 31,
and 33 of title 44, the Board may retain investigative records for such
periods as determined by the Board.''.
SEC. 910. NONDISCLOSURE OF INTERVIEW RECORDINGS.
(a) In General.--Section 1114 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in the subsection heading by striking ``Trade
Secrets'' and inserting ``Certain Confidential
Information''; and
(B) in paragraph (1)--
(i) by striking ``The Board'' and inserting
``In general.--The Board''; and
(ii) by striking ``information related to a
trade secret referred to in section 1905 of
title 18'' and inserting ``confidential
information described in section 1905 of title
18, including trade secrets,''; and
(2) by adding at the end the following:
``(h) Interview Recordings.--
``(1) In general.--The Board may not publicly disclose any
part of any audio or video recording of an interview of
participants in, or witnesses to, an accident or incident
investigated by the Board.
``(2) Savings provision.--Paragraph (1) shall not be
construed to apply to transcripts or summaries of such
interviews.''.
(b) Aviation Enforcement.--Section 1151 of title 49, United States
Code, is amended by adding at the end the following:
``(d) Notification to Congress.--If the Board or Attorney General
carry out such civil actions described in subsection (a) or (b) of this
section against an airman employed at the time of the accident or
incident by an air carrier operating under part 121 of title 14, Code
of Federal Regulations, the Board shall immediately notify the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of such civil actions, including--
``(1) the labor union representing the airman involved, if
applicable;
``(2) the air carrier at which the airman is employed;
``(3) the docket information of the incident or accident in
which the airman was involved;
``(4) the date of such civil actions taken by the Board or
Attorney General; and
``(5) a description of why such civil actions were taken by
the Board or Attorney General.
``(e) Subsequent Notification to Congress.--Not later than 15 days
after the notification described in subsection (d), the Board shall
submit a report to or brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate describing the
status of compliance with the civil actions taken.''.
SEC. 911. CLOSED UNACCEPTABLE RECOMMENDATIONS.
Section 1116(c) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) a list of each recommendation made by the Board to
the Secretary of Transportation or the Commandant of the Coast
Guard that was closed in an unacceptable status in the
preceding 12 months;''.
SEC. 912. ESTABLISHMENT OF OFFICE OF OVERSIGHT, ACCOUNTABILITY, AND
QUALITY ASSURANCE.
(a) In General.--Subchapter II of chapter 11 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 1120. Office of Oversight, Accountability, and Quality Assurance
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Board shall establish in the National
Transportation Safety Board an Office of Oversight, Accountability, and
Quality Assurance to provide oversight of the duties and
responsibilities of the Board.
``(b) Director.--
``(1) Appointment.--The head of the Office of Oversight,
Accountability, and Quality Assurance shall be the Director,
who shall be appointed by the Chairman of the Board and shall
be approved by the Board.
``(2) Qualifications.--The Director shall have demonstrated
ability in investigations.
``(3) Term.--The Director shall be appointed for a term of
5 years.
``(4) Vacancies.--Any individual approved to fill a vacancy
in the position of the Director occurring before the expiration
of the term for which the predecessor of the individual was
approved shall be approved for the remainder of the term or for
a new term.
``(c) Duties.--The Director shall--
``(1) establish and ensure policies that promote integrity,
efficiency, and effectiveness;
``(2) prevent and detect waste, fraud, and abuse in
programs and operations;
``(3) provide policy direction related to the conduct,
supervision, and coordination of audits and investigations
relating to the activities of the Board;
``(4) identify trends and systemic issues within the agency
and create strategies and recommendations to address such
issues;
``(5) conduct impartial information gathering about
complaints or concerns, and ensure the Board is meeting any
quality and timeliness standards; and
``(6) not conduct any of the duties under this subsection
in a manner that interferes with an ongoing safety
investigation of the Board.
``(d) Reporting Criminal Violations to Department of Justice.--If
the Director has reasonable grounds to believe that there has been a
violation of Federal criminal law, the Director shall refer the matter
to the Department of Justice.
``(e) Savings Clause.--Nothing in this section shall be construed
to interfere or give the Office jurisdiction over any active
investigation by the Board or the content of products approved by a
vote of the Board.
``(f) Annual Report.--
``(1) In general.--The Director shall submit to the Board,
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual report on the
activities, investigations, findings, and recommendations of
the Director.
``(2) Sunset.--This subsection shall cease to have effect
on October 1, 2028.''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 49,
United States Code, is amended by adding after the item relating to
section 1119 the following:
``1120. Office of Oversight, Accountability, and Quality Assurance.''.
(c) Peer Review.--Not earlier than 3 years after the date of
enactment of this Act and not later than 5 years after the date of
enactment of this Act, the Director of the Office of Oversight,
Accountability, and Quality Assurance of the National Transportation
Safety Board shall enter into the necessary arrangements with an
inspector general, or similar Federal entity, to perform a peer review
of the Office.
SEC. 913. MISCELLANEOUS INVESTIGATIVE AUTHORITIES.
(a) Highway Investigations.--Section 1131(a)(1)(B) of title 49,
United States Code, is amended by striking ``selects in cooperation
with a State'' and inserting ``selects, concurrent with any State
investigation''.
(b) Rail Investigations.--Section 1131(a)(1)(C) of title 49, United
States Code, is amended by striking ``accident in which there is a
fatality or substantial property damage, or that involves a passenger
train'' and inserting ``accident, including a railroad grade crossing
or trespasser accident that the Board selects, or in which there is
otherwise a fatality or substantial property damage, or that involves a
passenger train''.
SEC. 914. PUBLIC AVAILABILITY OF ACCIDENT REPORTS.
Section 1131(e) of title 49, United States Code, is amended by
striking ``public at reasonable cost.'' and inserting the following:
``public
``(1) in printed form at reasonable cost; and
``(2) in electronic form at no cost in a publicly
accessible database on a website of the Board.''.
SEC. 915. ENSURING ACCOUNTABILITY FOR TIMELINESS OF REPORTS.
Section 1131 of title 49, United States Code, is amended by adding
at the end the following:
``(f) Timeliness of Reports.--If any accident report under
subsection (e) is not completed within 2 years from the date of the
accident, the Board shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
identifying such accident report and the reasons for which such report
has not been completed. The Board shall report progress toward
completion of the accident report to each such Committees every 90 days
thereafter, until such time as the accident report is completed.''.
SEC. 916. ENSURING ACCESS TO DATA.
Section 1134 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Recorders and Data.--In investigating an accident under this
chapter, the Board may--
``(1) obtain any recorder or recorded information pertinent
to the accident;
``(2) require a manufacturer or the vendors, suppliers, or
affiliates of such manufacturer, to provide to the Board,
without delay, information the Board determines necessary to
enable the Board to read and interpret any recording device or
recorded information pertinent to the accident; and
``(3) require a manufacturer or the vendors, suppliers, or
affiliates of such manufacturer, to provide to the Board,
without delay, data and other intellectual property the Board
determines necessary to enable the Board to perform independent
physics-based simulations and analyses of the accident
situation.''.
SEC. 917. PUBLIC AVAILABILITY OF SAFETY RECOMMENDATIONS.
Section 1135(c) of title 49, United States Code, is amended by
striking ``public at reasonable cost.'' and inserting the following:
``public--
``(1) in printed form at reasonable cost; and
``(2) in electronic form in a publicly accessible database
on a website of the Board at no cost.''.
SEC. 918. IMPROVING DELIVERY OF FAMILY ASSISTANCE.
(a) Aircraft Accidents.--Section 1136 of title 49, United States
Code, is amended--
(1) in the heading by striking ``to families of passengers
involved in aircraft accidents'' and inserting ``to passengers
involved in aircraft accidents and families of such
passengers'';
(2) in subsection (a)--
(A) by inserting ``within United States airspace or
airspace delegated to the United States'' after
``aircraft accident'';
(B) by striking ``National Transportation Safety
Board shall'' and inserting ``Board shall''; and
(C) in paragraph (2)--
(i) by striking ``emotional care and
support'' and inserting ``emotional,
psychological, and spiritual care and support
services''; and
(ii) by striking ``the families of
passengers involved in the accident'' and
inserting ``passengers involved in the accident
and the families of such passengers'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``the families of passengers involved in the
accident'' and inserting ``passengers involved in the
accident and the families of such passengers'';
(B) in paragraph (1) by striking ``mental health
and counseling services'' and inserting ``emotional,
psychological, and spiritual care and support
services'';
(C) in paragraph (3)--
(i) by striking ``the families who have
traveled to the location of the accident'' and
inserting ``passengers involved in the accident
and the families of such passengers who have
traveled to the location of the accident''; and
(ii) by inserting ``passengers and'' before
``affected families''; and
(D) in paragraph (4), by inserting ``passengers
and'' before ``families'';
(4) by amending subsection (d) to read as follows:
``(d) Passenger Lists.--
``(1) Requests for passenger lists by the director of
family services.--
``(A) Requests by director of family support
services.--It shall be the responsibility of the
director of family support services designated for an
accident under subsection (a)(1) to request, as soon as
practicable, from the air carrier or foreign air
carrier involved in the accident a passenger list,
which is based on the best available information at the
time of the request.
``(B) Use of information.--The director of family
support services may not release to any person
information on a list obtained under subparagraph (A),
except that the director may, to the extent the
director considers appropriate, provide information on
the list about a passenger to--
``(i) the family of the passenger; or
``(ii) a local, State, or Federal agency
responsible for determining the whereabouts or
welfare of a passenger.
``(2) Requests for passenger lists by designated
organization.--
``(A) Requests by designated organization.--The
organization designated for an accident under
subsection (a)(2) may request from the air carrier or
foreign air carrier involved in the accident a
passenger list.
``(B) Use of information.--The designated
organization may not release to any person information
on a passenger list but may provide information on the
list about a passenger to the family of the passenger
to the extent the organization considers
appropriate.'';
(5) in subsection (g)(1) by striking ``the families of
passengers involved in the accident'' and inserting
``passengers involved in the accident and the families of such
passengers'';
(6) in subsection (g)(3)--
(A) in the paragraph heading by striking ``prevent
mental health and counseling'' and inserting ``prevent
certain care and support'';
(B) by striking ``providing mental health and
counseling services'' and inserting ``providing
emotional, psychological, and spiritual care and
support''; and
(C) by inserting ``passengers and'' before
``families'';
(7) in subsection (h)--
(A) by striking ``National Transportation Safety'';
and
(B) by adding at the end the following:
``(3) Passenger list.--The term `passenger list' means a
list based on the best available information at the time of a
request, of the name of each passenger aboard the aircraft
involved in the accident.''; and
(8) in subsection (i) by striking ``the families of
passengers involved in an aircraft accident'' and inserting
``passengers involved in the aircraft accident and the families
of such passengers''.
(b) Clerical Amendment.--The analysis for chapter 11 of title 49,
United States Code, is further amended by striking the item relating to
section 1136 and inserting the following:
``1136. Assistance to passengers involved in aircraft accidents and
families of such passengers.''.
(c) Rail Accidents.--Section 1139 of title 49, United States Code,
is amended--
(1) in the heading by striking ``to families of passengers
involved in rail passenger accidents'' and inserting ``to
passengers involved in rail passenger accidents and families of
such passengers'';
(2) in subsection (a) by striking ``National Transportation
Safety Board shall'' and inserting ``Board shall'';
(3) in subsection (a)(2)--
(A) by striking ``emotional care and support'' and
inserting ``emotional, psychological and spiritual care
and support services''; and
(B) by striking ``the families of passengers
involved in the accident'' and inserting ``passengers
involved in the accident and the families of such
passengers'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1) by
striking ``the families of passengers involved in the
accident'' and inserting ``passengers involved in the
accident and the families of such passengers'';
(B) in paragraph (1) by striking ``mental health
and counseling services'' and inserting ``emotional,
psychological, and spiritual care and support
services'';
(C) in paragraph (3)--
(i) by striking ``the families who have
traveled to the location of the accident'' and
inserting ``passengers involved in the accident
and the families of such passengers who have
traveled to the location of the accident''; and
(ii) by inserting ``passengers and'' before
``affected families''; and
(D) in paragraph (4), by inserting ``passengers
and'' before ``families'';
(5) by amending subsection (d) to read as follows:
``(d) Passenger Lists.--
``(1) Requests for passenger lists by the director of
family services.--
``(A) Requests by director of family support
services.--It shall be the responsibility of the
director of family support services designated for an
accident under subsection (a)(1) to request, as soon as
practicable, from the rail passenger carrier involved
in the accident a passenger list, which is based on the
best available information at the time of the request.
``(B) Use of information.--The director of family
support services may not release to any person
information on a list obtained under subparagraph (A),
except that the director may, to the extent the
director considers appropriate, provide information on
the list about a passenger to--
``(i) the family of the passenger; or
``(ii) a local, State, or Federal agency
responsible for determining the whereabouts or
welfare of a passenger.
``(2) Requests for passenger lists by designated
organization.--
``(A) Requests by designated organization.--The
organization designated for an accident under
subsection (a)(2) may request from the rail passenger
carrier involved in the accident a passenger list.
``(B) Use of information.--The designated
organization may not release to any person information
on a passenger list but may provide information on the
list about a passenger to the family of the passenger
to the extent the organization considers
appropriate.'';
(6) in subsection (g)(1), by striking ``the families of
passengers involved in the accident'' and inserting
``passengers involved in the accident and the families of such
passengers'';
(7) in subsection (g)(3)--
(A) in the paragraph heading, by striking ``prevent
mental health and counseling'' and inserting ``prevent
certain care and support'';
(B) by striking ``providing mental health and
counseling services'' and inserting ``providing
emotional, psychological, and spiritual care and
support''; and
(C) by inserting ``passengers and'' before
``families''; and
(8) in subsection (h)--
(A) by striking ``National Transportation Safety'';
and
(B) by adding at the end the following:
``(4) Passenger list.--The term `passenger list' means a
list based on the best available information at the time of the
request, of the name of each passenger aboard the rail
passenger carrier's train involved in the accident. A rail
passenger carrier shall use reasonable efforts, with respect to
its unreserved trains, and passengers not holding reservations
on its other trains, to ascertain the names of passengers
aboard a train involved in an accident.''.
(d) Plans To Address Needs of Families of Passengers Involved in
Rail Passenger Accidents.--Section 24316(a) of title 49, United States
Code, is amended by striking ``a major'' and inserting ``any''.
(e) Clerical Amendment.--The analysis for chapter 11 of title 49,
United States Code, is further amended by striking the item relating to
section 1139 and inserting the following:
``1139. Assistance to passengers involved in rail passenger accidents
and families of such passengers.''.
SEC. 919. UPDATING CIVIL PENALTY AUTHORITY.
Section 1155 of title 49, United States Code, is amended--
(1) in the heading, by striking ``Aviation penalties'' and
inserting ``Penalties''; and
(2) in subsection (a), by striking ``or section 1136(g)
(related to an aircraft accident)'' and inserting ``section
1136(g), or 1139(g)''.
SEC. 920. ELECTRONIC AVAILABILITY OF PUBLIC DOCKET RECORDS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the National Transportation Safety Board shall
make all records included in the public docket of an accident or
incident investigation conducted by the Board (or the public docket of
a study, report, or other product issued by the Board) electronically
available in a publicly accessible database on a website of the Board,
regardless of the date on which such public docket or record was
created.
(b) Database.--In carrying out subsection (a), the Board may
utilize the multimodal accident database management system established
pursuant to section 1108 of the FAA Reauthorization Act of 2018 (49
U.S.C. 1119 note) or such other publicly available database as the
Board determines appropriate.
(c) Briefings.--The Board shall provide the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate an
annual briefing on the implementation of this section until
requirements of subsection (a) are fulfilled. Such briefings shall
include--
(1) the number of public dockets that have been made
electronically available pursuant to this section; and
(2) the number of public dockets that were unable to be
made electronically available, including all reasons for such
inability.
(d) Definitions.--In this section, the terms ``public docket'' and
``record'' have the same meanings given such terms in section 801.3 of
title 49, Code of Federal Regulations, as in effect on the date of
enactment of this Act.
SEC. 921. DRUG-FREE WORKPLACE.
Not later than 12 months after the date of enactment of this Act,
the National Transportation Safety Board shall implement a drug testing
program applicable to Board employees, including employees in safety or
security sensitive positions, in accordance with Executive Order No.
12564 (51 Fed. Reg. 32889).
SEC. 922. ACCESSIBILITY IN WORKPLACE.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the National Transportation Safety Board shall
conduct an assessment of the headquarters and regional offices of the
Board to determine barriers to accessibility to facilities.
(b) Contents.--In conducting the assessment under subsection (a),
the Board shall consider--
(1) compliance with--
(A) the Architectural Barriers Act of 1968 (42
U.S.C. 4151 et seq.) and the corresponding
accessibility guidelines established under part 1191 of
title 36, Code of Federal Regulations; and
(B) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
(2) the best accessibility practices that exceed the
requirements and recommendations of the Acts and guidelines
described in paragraph (1).
SEC. 923. MOST WANTED LIST.
(a) Termination of Publication.--Not later than 90 days after the
date of enactment of this Act, the Chairman of the National
Transportation Safety Board shall terminate publication of the Most
Wanted List and any activities associated with production of any future
Most Wanted List.
(b) Rules of Construction.--Nothing in this section shall be
construed to prohibit the Board from--
(1) conducting advocacy activities unrelated to the Most
Wanted List that the Board had the authority to conduct prior
to the date of enactment of this Act; and
(2) maintaining materials related to previously issued Most
Wanted Lists.
(c) Most Wanted List Defined.--In this section, the term ``Most
Wanted List'' has the meaning given such term in section 1102 of the
FAA Reauthorization Act of 2018 (49 U.S.C. 1101 note).
SEC. 924. TECHNICAL CORRECTIONS.
(a) Evaluation and Audit of National Transportation Safety Board.--
Section 1138(a) of title 49, United States Code, is amended by striking
``expenditures of the National Transportation Safety'' and inserting
``expenditures of the''.
(b) Organization and Administrative.--The analysis for chapter 11
of title 49, United States Code, is further amended--
(1) by striking the items relating to sections 117 and
1117; and
(2) by inserting after the item relating to section 1116
the following:
``1117. Methodology.''.
(c) Surface Transportation Board.--The analysis for subtitle II of
title 49, United States Code, is amended by inserting after the item
relating to chapter 11 the following:
``13. Surface Transportation Board.''.
SEC. 925. AIR SAFETY INVESTIGATORS.
(a) Removal of FAA Medical Certificate Requirement.--Not later than
60 days after the date of enactment of this Act, the Director of the
Office of Personnel Management, in consultation with the Administrator
of the Federal Aviation Administration and the Chairman of the National
Transportation Safety Board, shall take such actions as may be
necessary to revise the eligibility requirements for the Air Safety
Investigating Series 1815 occupational series (and any similar
occupational series relating to transportation accident investigating)
to remove any requirement that an individual hold a current medical
certificate issued by Administrator.
(b) Updates to Other Requirements.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director, in coordination with the
with the Administrator and Chairman, shall take such actions as
may be necessary to update and revise experiential,
educational, and other eligibility requirements for the Air
Safety Investigating Series 1815 occupational series (and any
similar occupational series relating to transportation accident
investigating).
(2) Considerations.--In updating the requirements under
paragraph (1), the Director shall consider--
(A) the direct relationship between any requirement
and the duties expected to be performed by the
position;
(B) changes in the skills and tools necessary to
perform transportation accident investigations; and
(C) such other considerations as the Director,
Administrator, or Chairman determines appropriate.
TITLE X--FREEDOM TO FLY ACT OF 2023
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Freedom to Fly Act of 2023''.
SEC. 1002. PROHIBITION ON IMPLEMENTATION OF VACCINATION MANDATE.
The Administrator may not implement or enforce any requirement that
employees of air carriers be vaccinated against COVID-19.
SEC. 1003. PROHIBITION ON VACCINATION REQUIREMENTS FOR FAA CONTRACTORS.
The Administrator may not require any contractor to mandate that
employees of such contractor obtain a COVID-19 vaccine or enforce any
condition regarding COVID-19 vaccination status of employees of a
contractor.
SEC. 1004. PROHIBITION ON VACCINE MANDATE FOR FAA EMPLOYEES.
The Administrator may not implement or enforce any requirement that
employees of the Administration be vaccinated against COVID-19.
SEC. 1005. PROHIBITION ON VACCINE MANDATE FOR PASSENGERS OF AIR
CARRIERS.
The Administrator may not implement or enforce any requirement that
passengers of air carriers be vaccinated against COVID-19.
SEC. 1006. PROHIBITION ON IMPLEMENTATION OF A MASK MANDATE.
The Administrator may not implement or enforce any requirement that
employee of air carriers wear a mask.
SEC. 1007. PROHIBITION ON MASK MANDATES FOR FAA CONTRACTORS.
The Administrator may not require any contractor to mandate that
employees of such contractor wear a mask.
SEC. 1008. PROHIBITION ON MASK MANDATE FOR FAA EMPLOYEES.
The Administrator may not implement or enforce any requirement that
employees of the Administration wear a mask.
SEC. 1009. PROHIBITION ON MASK MANDATE FOR PASSENGERS OF AIR CARRIERS.
The Administrator may not implement or enforce any requirement that
passengers of air carriers wear a mask.
SEC. 1010. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administration'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
TITLE XI--FAA RESEARCH AND DEVELOPMENT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``FAA Research and Development Act
of 2023''.
SEC. 1102. DEFINITIONS.
In this title:
(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 the Committee on
Science, Space, and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
Subtitle A--Authorization of Appropriations
SEC. 1111. AUTHORIZATION OF APPROPRIATIONS.
Subsection (a) of section 48102 of title 49, United States Code, is
amended--
(1) in paragraph (14), by striking ``and'';
(2) in paragraph (15) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(16) $255,130,000; for fiscal year 2024;
``(17) $261,000,000 for fiscal year 2025;
``(18) $267,000,000 for fiscal year 2026;
``(19) $273,000,000 for fiscal year 2027; and
``(20) $279,000,000 for fiscal year 2028.''.
Subtitle B--FAA Research and Development Organization
SEC. 1121. REPORT ON IMPLEMENTATION; FUNDING FOR SAFETY RESEARCH AND
DEVELOPMENT.
Not later than one year after the date of the enactment of this
title, the Comptroller General of the United States shall submit to the
appropriate committees of Congress a report on the allocation of
funding pursuant to section 48102 of title 49, United States Code, to
the Secretary of Transportation to conduct civil aviation research and
development and to assess the implementation of section 48102(b)(2) of
such title.
Subtitle C--FAA Research and Development Activities
SEC. 1131. AVIATION FUEL RESEARCH, DEVELOPMENT, AND USAGE.
(a) Roadmap.--Not later than nine months after the date of the
enactment of this title, the Secretary of Transportation shall
coordinate with the Administrator of NASA, the Secretary of Energy, and
the Administrator of the Environmental Protection Agency, and consult
relevant stakeholders, including those in industry and academia, to
prepare and submit to the appropriate committees of Congress a
coordinated research and development roadmap to safely eliminate the
use of leaded aviation fuel in existing and future certified piston-
engine aircraft. Such roadmap shall--
(1) identify activities to accelerate the development,
testing, and certification of safe and lead-free fuel for use
in general aviation aircraft, including requisite airport
refueling infrastructure; and
(2) consider the feasibility of widespread use of such safe
and lead-free aviation fuel by not later than 2028.
(b) Partnership With Private Industry.--The Administrator shall
coordinate with industry and pilot operators regarding research
programs for mass production and distribution of unleaded aviation
gasoline for market viability engine safety, and define criteria to
explore incentive programs to reduce lead emissions for communities in
need.
SEC. 1132. CONTINUOUS LOWER ENERGY, EMISSION, AND NOISE (CLEEN).
The Administrator shall consider expanding the CLEEN program under
section 47511 of title 49, United States Code, and broadening
eligibility for the CLEEN program to new entrants to the aviation
system.
SEC. 1133. STRATEGY ON HYDROGEN AVIATION RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator, in consultation with the
Administrator of NASA and the heads of other relevant Federal agencies,
shall lead the development of a research and development strategy on
the safe use of hydrogen as part of a sustainable future for aviation.
Such strategy shall consider the following:
(1) The feasibility, opportunities, challenges, and
pathways toward the potential and safe uses of hydrogen in
aviation.
(2) The use of hydrogen in addition to research and
development efforts, including electrification, operational
efficiencies and other alternatives to traditional aviation
fuel.
(b) Transmittal.--Not later than one year after the date of the
enactment of the Act, the Administrator shall transmit to the
appropriate committees of Congress the research and development
strategy required under subsection (a).
(c) Research and Development.--Based on the results of the research
and development strategy under subsection (a), the Administrator, in
coordination with the Administrator of NASA, may conduct research and
development activities into the following:
(1) The qualification of hydrogen aviation fuel.
(2) The safe transition to such fuel for aircraft.
(3) The advancement of certification efforts for such fuel.
(4) Risk mitigation measures for the use of such fuel in
aircraft systems, including propulsion and storage systems.
SEC. 1134. REPORT ON FUTURE ELECTRIC GRID RESILIENCY.
Not later than two years after the date of the enactment of this
title, the Administrator, in coordination with the Secretary of Energy,
shall submit to the appropriate committees of Congress, and make
publicly available on a website of the Administration, a report on the
model use of the electrical grid to support future electric advanced
air mobility, including cost, challenges, and opportunities for clean
generation of electricity relating to such support.
SEC. 1135. AIR TRAFFIC SURVEILLANCE OVER OCEANS AND OTHER REMOTE
LOCATIONS.
(a) Air Traffic Surveillance Over Oceans.--Subject to the
availability of appropriations for such purpose, the Administrator, in
consultation with the Administrator of NASA and the heads of other
relevant Federal agencies, shall carry out research, development,
demonstration, and testing on civilian air traffic surveillance over
oceans and other remote locations.
(b) Requirements.--In carrying out the research, development,
demonstration, and testing under subsection (a), the Administrator
shall--
(1) consider the need for international interoperability of
technologies, data, operations, and air traffic control
systems;
(2) examine the status of using air traffic surveillance
technologies, including space-based Automatic Dependent
Surveillance-Broadcast, to facilitate the implementation of
minimal separation standards over United States-controlled
oceanic airspace;
(3) identify mitigating approaches to reducing any
operational challenges, associated costs, or workload impacts;
and
(4) use testing, data collection, evaluation, and analysis
on the use of air traffic surveillance technologies, including
space-based Automatic Dependent Surveillance-Broadcast, to
support the activities described in paragraphs (1) through (3).
(c) Pilot Program.--The Administrator may carry out a pilot program
to test and evaluate air traffic surveillance equipment over United
States-controlled oceanic airspace and other remote locations.
(d) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to the
appropriate committees of Congress a report on the activities carried
out under this section.
SEC. 1136. UTILIZATION OF SPACE-BASED ASSETS TO IMPROVE AIR TRAFFIC
CONTROL AND AVIATION SAFETY.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Administrator, in coordination with the Administrator
of NASA, and in consultation with industry stakeholders, shall carry
out research, development, and testing of the use of air traffic Space-
Based Automatic Dependent Surveillance-Broadcast (ADS-B) data.
(b) Research Activities.--In carrying out the research,
development, and testing under subsection (a) the Administrator shall
focus on the following:
(1) Monitoring and automatically reporting air turbulence
events.
(2) Providing space-based multilateration surveillance.
(3) Identifying global positioning system (GPS) and global
navigation satellite system (GNSS) disruptions affecting air
traffic services and assessing the impact of such events on the
safety of air traffic and the National Airspace System.
(4) Evaluating the feasibility of implementing and using
aviation safety technologies and systems using space-based
Automatic Dependent Surveillance-Broadcast data.
(c) Report.--Not later than 180 days after the date of the
enactment of this title, the Administrator shall provide to the
appropriate committees of Congress a report on the research and
development under subsection (a) and the activities researched pursuant
to subsection (b).
SEC. 1137. AVIATION WEATHER TECHNOLOGY REVIEW.
(a) Review.--The Administrator, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration,
shall conduct a review of current and planned research, modeling, and
technology capabilities that have the potential to more accurately
detect and predict weather impacts to aviation, including for unmanned
aircraft systems and advanced air mobility operations, inform how
advanced predictive models can enhance aviation operations, and
increase national airspace system safety and efficiency.
(b) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to the
appropriate committees of Congress a report containing the results of
the review conducted under subsection (a).
SEC. 1138. AIR TRAFFIC SURFACE OPERATIONS SAFETY.
(a) Research.--Subject to the availability of appropriations for
such purpose, the Administrator, in consultation with the Administrator
of NASA and the heads of other appropriate Federal agencies, shall
continue to carry out research on technologies and operations to
enhance air traffic surface operations safety.
(b) Requirements.--The research program under subsection (a) shall
examine the following:
(1) The safety of current air traffic control operations
related to air traffic surface operations.
(2) Emerging in-cockpit technologies to enhance ground
situational awareness.
(3) Emerging technologies to enhance air traffic control
situational awareness.
(4) Air traffic surface operations safety for diverse
advanced air mobility operations.
(5) Safety and operational data needed to inform current
and future safety programs on advanced air mobility vehicles.
(6) Economic benefits of utilizing existing airport
infrastructure for use in advanced air mobility operations.
(c) Report.--Not later than 18 months after the date of the
enactment of this title, the Administrator shall submit to the
appropriate committees of Congress a report on the research carried out
under this section, including regarding the transition into operational
use of such research.
SEC. 1139. AIRPORT AND AIRFIELD PAVEMENT TECHNOLOGY RESEARCH PROGRAM.
Section 744 of the FAA Reauthorization Act of 2018 (Public Law 115-
254; 49 U.S.C. 44505 note) is amended--
(1) in paragraph (3), by striking ``and'';
(2) in paragraph (4), by striking ``durable airfield
pavements.'' and inserting ``resilient and sustainable airfield
and vertiport pavements; and''; and
(3) by adding at the end the following new paragraph:
``(5) develop sustainability and resiliency guidelines to
improve long-term pavement performance and reduce carbon
emissions.''.
SEC. 1140. TECHNOLOGY REVIEW OF ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING TECHNOLOGIES.
(a) Review.--The Administrator shall conduct a review of current
and planned artificial intelligence and machine learning technologies
to improve airport efficiency and safety.
(b) Summaries.--The review conducted under subsection (a) shall
include examination of the application of artificial intelligence and
machine learning technologies to the following:
(1) Jet bridges.
(2) Airport service vehicles on airport movement areas.
(3) Aircraft taxi.
(4) Any other areas the Administrator determines necessary
to help improve airport efficiency and safety.
(c) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to the
appropriate committees of Congress a report containing the results of
the review conducted under subsection (a). The report shall also
include an examination of China's domestic application of artificial
intelligence and machine learning technologies identified under
subsection (b).
SEC. 1141. RESEARCH PLAN FOR COMMERCIAL SUPERSONIC RESEARCH.
Not later than one year after the date of the enactment of this
title, the Administrator, in consultation with the Administrator of
NASA and industry, shall submit to the appropriate committees of
Congress a comprehensive research plan to build on existing research
and development activities and identify any further research and
development needed to inform the development of Federal and
international policies, regulations, standards, and recommended
practices relating to the certification and safe and efficient
operation of civil supersonic aircraft and supersonic overland flight.
SEC. 1142. ELECTROMAGNETIC SPECTRUM RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator shall conduct research,
engineering, and development related to the effective and efficient use
and management of radio frequency spectrum in the civil aviation
domain, including for aircraft, unmanned aircraft systems, and advanced
air mobility. Such research, engineering, and development shall, at a
minimum, address the following:
(1) How reallocation or repurposing of radio frequency
spectrum adjacent to spectrum allocated for communication,
navigation, and surveillance may impact the safety of civil
aviation.
(2) The effectiveness of measures to identify risks,
protect, and mitigate against spectrum interference in
frequency bands used in civil and commercial aviation
operations to ensure public safety.
(b) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to the
appropriate committees of Congress a report containing the results of
the research, engineering, and development conducted under subsection
(a).
SEC. 1143. AVIATION STRUCTURES, MATERIALS, AND ADVANCED MANUFACTURING
RESEARCH AND DEVELOPMENT.
(a) In General.--Using the amounts available under section 48102(a)
of title 49, United States Code, the Administrator, in coordination
with the Director of the National Institute of Standards and
Technology, shall carry out a research and development program for
advancing aviation structures, materials, and manufacturing for the
safe use in and on aircraft.
(b) Inclusion.--The program under subsection (a) shall, to the
extent practicable, include research and development relating to the
following:
(1) Metallic and non-metallic based additive materials and
processes, composites, and other advanced materials.
(2) Process development for the development of design and
manufacturing standards for aviation structures, materials, and
additive manufacturing.
(3) Improving certification efficiency of aviation
structures, materials, and additively manufactured aviation
products and components.
(4) Evaluating long-term material and structural behavior
and associated maintenance, including support for fatigue life
determination, structural changes related to fatigue, thermal,
corrosive environments, and expected maintenance of such
materials, including recommended repair techniques.
(5) Partnering with commercial entities to mature and
certify, as appropriate, the following capabilities for use in
aircraft manufacturing:
(A) Additive manufacturing, including large-scale
additive manufacturing.
(B) Aviation structures.
(C) Advanced materials capabilities, including the
development and qualification of new material
chemistries.
(6) Inspection and quality assurance technologies for use
with complex geometries enabled by advanced manufacturing
methods.
(c) Report.--Not later than 180 days after the date of the
enactment of this title, the Administrator shall provide to the
appropriate committees of Congress a report on the findings of the
research under subsection (a).
SEC. 1144. RESEARCH PLAN ON THE REMOTE TOWER PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this title, the Administrator shall submit to the
appropriate committees of Congress a comprehensive plan for research,
development, testing, and evaluation needed to mature remote tower
technology and provide a strategic roadmap to support standards
development, validation, and operational certification of such
technology.
(b) Considerations.--As part of the plan required under subsection
(a), the Administrator should consider the use of remote tower
technologies for advanced air mobility operations.
SEC. 1145. AIR TRAFFIC CONTROL TRAINING.
(a) Research.--Subject to the availability of appropriations for
such purpose, the Administrator shall carry out a research program to
evaluate opportunities to modernize, enhance, and streamline training
time to become a Certified Professional Controller.
(b) Requirements.--The research under subsection (a) shall--
(1) assess the use of advanced technologies, such as
artificial intelligence, machine learning, adaptive computer-
based simulation, virtual reality, or augmented reality, to
enhance controller knowledge retention, improve performance,
and improve the effectiveness of training time;
(2) develop a timeline to deploy proven advanced
technologies and associated processes for accreditation in
training programs and training facilities within the national
airspace system; and
(3) include collaboration with labor organizations and
other stakeholders.
(c) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to the
appropriate committees of Congress a report on the findings of the
research under subsection (a).
SEC. 1146. REPORT ON AVIATION CYBERSECURITY DIRECTIVES.
Not later than 180 days after the date of enactment of this title,
the Administrator shall submit to the appropriate committees of
Congress a report on the status of the FAA's implementation of section
2111 of the FAA Extension, Safety, and Security Act of 2016 (Public Law
114-190; 49 U.S.C. 44903 note; relating to the development of a
comprehensive and strategic aviation cybersecurity framework and
establishment of a research and development plan to mitigate
cybersecurity risks in the National Airspace System). The report, at
minimum, shall include the following:
(1) A description of the FAA's progress in developing,
implementing, and updating such framework.
(2) A description of prioritized research and development
activities for the most needed improvements, with target dates,
to safeguard the National Airspace System.
(3) An explanation for any delays or challenges in so
implementing such section.
SEC. 1147. RULE OF CONSTRUCTION REGARDING COLLABORATIONS.
Nothing in this title may be construed as modifying or limiting
existing collaborations, or limiting potential engagement on future
collaborations, between the Administrator, stakeholders, and labor
organizations, including the exclusive bargaining representative of air
traffic controllers certified under section 7111 of title 5, United
States Code, pertaining to Federal Aviation Administration research,
development, demonstration, and testing activities.
SEC. 1148. TURBULENCE RESEARCH AND DEVELOPMENT.
(a) In General.--Subject to the availability of appropriations for
such purpose, the Administrator, in collaboration with the
Administrator of the National Oceanic and Atmospheric Administration,
and in consultation with the Administrator of NASA, shall carry out
applied research and development to--
(1) enhance the monitoring and understanding of severe
turbulence, including clear-air turbulence; and
(2) inform the development of measures to mitigate safety
impacts on crew and the flying public that may result from
severe turbulence.
(b) Research and Development Activities.--In conducting the
research and development on severe turbulence in accordance with
subsection (a), the Administrator shall--
(1) establish processes and procedures for comprehensive
and systematic data collection through both instrumentation and
pilot reporting, of severe turbulence, including clear-air
turbulence;
(2) establish measures for storing and managing such data
collection;
(3) support measures for monitoring and characterizing
incidents of severe turbulence;
(4) consider relevant existing research and development
from other entities, including Federal departments and
agencies, academia, and the private sector; and
(5) carry out research and development--
(A) to understand the impacts of climate change and
other factors on the nature of turbulence, including
severe turbulence and clear-air turbulence;
(B) to enhance turbulence forecasts for flight
planning and execution, seasonal predictions for
schedule and route-planning, and long-term projections
of severe turbulence, including clear-air turbulence;
and
(C) on other subject matters areas related to
severe turbulence, as determined by the Administrator;
and
(6) support the effective transition of the results of
research and development to operations, where appropriate.
(c) No Duplication.--The Administrator shall ensure that research
and development activities under this section do not duplicate other
Federal programs relating to turbulence.
(d) Turbulence Data.--
(1) Commercial providers.--In conducting research and
development activities under subsection (b), the Administrator
may enter into agreements with commercial providers for the
following:
(A) The purchase of turbulence data.
(B) The placement on aircraft of instruments
relevant to understanding and monitoring turbulence.
(2) Data access.--The Administrator shall make the data
collected pursuant to subsection (b) widely available and
accessible to the scientific research, user, and stakeholder
communities, including the Administrator of the National
Oceanic and Atmospheric Administration, to the greatest extent
practicable and in accordance with Federal Aviation
Administration data management policies.
(e) Report on Turbulence Research.--Not later than 15 months after
the date of the enactment of this title, the Administrator, in
collaboration with the Administrator of the National Oceanic and
Atmospheric Administration, shall submit to the appropriate committees
of Congress a report that--
(1) details the activities conducted under this section,
including how the research and development activities under
subsection (b) have contributed to the goals specified in
subsection (a);
(2) assesses the current state of scientific understanding
of the causes, occurrence rates, and past and projected future
trends in occurrence rates of severe turbulence, including
clear-air turbulence;
(3) describes the processes and procedures for collecting,
storing, and managing, data in pursuant to subsection (b);
(4) assesses--
(A) the use of commercial providers pursuant to
subsection (d)(1); and
(B) the need for any future Federal Government
collection or procurement of data and instruments
related to turbulence, including an assessment of
costs;
(5) describes how such data will be made available to the
scientific research, user, and stakeholder communities; and
(6) identifies future research and development needed to
inform the development of measures to predict and mitigate the
safety impacts that may result from severe turbulence,
including clear-air turbulence.
SEC. 1149. RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAMS.
(a) In General.--The Administrator shall carry out research,
development, testing, evaluation, and demonstration programs for low-
carbon alternative aviation fuels, which may include next-generation
feedstocks, biofuels, and bioderived chemicals.
(b) Collaboration.--The Administrator shall collaborate with
Federal agencies, industry stakeholders, research institutions, and
other relevant stakeholders, to accelerate the research, development,
testing, evaluation, and demonstrations programs described in
subsection (a) and facilitate United States sustainability and
competitiveness in aviation.
SEC. 1150. LIMITATION.
None of the funds authorized in this title may be used to conduct
research, develop, design, plan, promulgate, implement, or execute a
policy, program, order, or contract of any kind with the Chinese
Communist Party or any Chinese-owned entity unless such activities are
specifically authorized by a law enacted after the date of enactment of
this title.
SEC. 1151. CENTER OF EXCELLENCE FOR ALTERNATIVE JET FUELS AND
ENVIRONMENT (ASCENT).
The Center of Excellence for Alternative Jet Fuels and Environment
(ASCENT) shall subject to the availability of appropriations for such
purpose and consistent with the research and development strategy in
section 1133, conduct research on hydrogen to increase aviation
decarbonization. Such research shall be in addition to any other
research authorized to be carried out by the Center, including other
research relating to hydrogen.
SEC. 1152. STUDY ON AERONAUTICAL STANDARDS.
(a) Study Required.--The Administrator of the National Aeronautics
and Space Administration, in consultation with the Secretary of
Defense, the Administrator of the Federal Aviation Administration, and
the Administrator of the National Oceanic and Atmospheric
Administration, shall conduct a study on the modernization of
aeronautical standards.
(b) Designation.--The study conducted under subsection (a) shall be
known as the ``Modernization of Aeronautical Standards and Aircraft
Performance Study''.
(c) Elements.--The study conducted under subsection (a) shall
include the following:
(1) An assessment of differences between current
atmospheric conditions and baseline atmospheric conditions,
including both mean and extreme values.
(2) An analysis of the impacts to operation, maintenance,
and sustainment costs of covered commercial aircraft due to the
differences identified under paragraph (1).
(3) An estimation of the number of weight restriction hours
for covered commercial aircraft at covered commercial airports
under baseline, current, and projected atmospheric conditions.
(4) An assessment of required infrastructure investment at
covered commercial airports such that the number of weight
restriction hours under projected atmospheric conditions is
equivalent to the number of weight restriction hours with
current infrastructure and route structure under baseline and
current atmospheric conditions.
(5) Recommendations for atmospheric and climatic design
requirements for future commercial aircraft to account for
projected atmospheric conditions.
(6) An analysis of impacts to operation, maintenance, and
sustainment costs and aircraft performance of military aircraft
due to the differences identified under paragraph (1).
(7) Atmospheric and climatic design requirements for
military aircraft, or other equipment, which should be updated
to account for current and projected atmospheric conditions.
(8) Recommended updates or supplements to atmospheric
standards due to current atmospheric conditions.
(9) Criteria under which future updates or supplements to
atmospheric standards should be made.
(d) Transmittal.--The Administrator of the National Aeronautics and
Space Administration shall transmit the results of the study to the
Committee on Science, Space, and Technology and the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
the congressional defense committees not later than 18 months after the
date of the enactment of this Act.
(e) Definitions.--In this section:
(1) Aircraft performance.--The term ``aircraft
performance'' includes the following:
(A) Range.
(B) Payload capacity.
(C) Runway length requirement.
(D) Climb rate.
(E) Turn rate.
(F) Operating altitude.
(G) Acceleration.
(2) Atmospheric standards.--The term ``atmospheric
standards'' means the following:
(A) The United States Standard Atmosphere of 1976.
(B) MIL-HDBK-310, Climatic Information to Determine
Design and Test Requirements for Military Systems and
Equipment.
(C) Any other standard as determined by the
Administrator of the National Aeronautics and Space
Administration.
(3) Baseline atmospheric conditions.--The term ``baseline
atmospheric conditions'' means the atmospheric conditions
referred to in the most recent release of an atmospheric
standard.
(4) Covered commercial airports.--The term ``covered
commercial airports'' means the following:
(A) The 30 commercial service airports (as such
term is defined in section 47102(7) of title 49, United
States Code) with the most passenger boardings in the
most recent calendar year ending before the date of the
enactment of this Act.
(B) The five public airports (as such term is
defined in section 47102(21) of title 49, United States
Code) not described in clause (i) with the highest all-
cargo landed weight in the most recent calendar year
ending before the date of the enactment of this Act.
(5) Covered commercial aircraft.--The term ``covered
commercial aircraft'' means the ten aircraft types still in
production with the highest number of operations at covered
commercial airports in the most recent calendar year ending
before the date of the enactment of this Act.
(6) Commercial aircraft.--The term ``commercial aircraft''
means an air carrier operating under part 121 of title 14, Code
of Federal Regulations.
(7) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given that
term in section 101(a)(16) of title 10, United States Code.
(8) Current atmospheric conditions.--The term ``current
atmospheric conditions'' means the atmospheric conditions
observed in the five most recent calendar years ending before
the date of the enactment of this Act.
(9) Projected atmospheric conditions.--The term ``projected
atmospheric conditions'' means the mean atmospheric conditions
projected by the International Panel on Climate Change under
the Sixth Assessment Report in scenarios--
(A) SSP1-1.9;
(B) SSP1-2.6;
(C) SSP2-4.5;
(D) SSP3-7.0; and
(E) SSP5-8.5.
(10) Military aircraft.--The term ``military aircraft''
means an aircraft that--
(A) is currently being developed, procured, or
operated by the Department of Defense; and
(B) is a bomber, fighter, attack helicopter,
transport helicopter, strategic transport, tactical
transport, or surveillance aircraft.
(11) Passenger boardings.--The term ``passenger boardings''
has the meaning given such term in section 47102(15) of title
49, United States Code.
(12) Weight restriction hour.--The term ``weight
restriction hour'' means an hour when the maximum temperature
for that hour matches or exceeds the weight-restriction
temperature threshold for a specific aircraft.
TITLE XII--AVIATION REVENUE PROVISIONS
SEC. 1201. AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2023'' and inserting ``October 1, 2028''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or the Securing Growth and Robust
Leadership in American Aviation Act;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code is
amended by striking ``October 1, 2023'' and inserting ``October 1,
2028''.
SEC. 1202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code
of 1986 is amended by striking ``September 30, 2023'' and inserting
``September 30, 2028''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``September 30, 2028''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``September 30, 2028''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2023'' and inserting ``September 30,
2028''.
(2) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``October 1, 2023'' and
inserting ``October 1, 2028''.
(3) Exemption from ticket tax.--Section 4261(j) of such
Code is amended by striking ``September 30, 2023'' and
inserting ``September 30, 2028''.
SEC. 1203. DESIGNATION OF CERTAIN AIRPORTS AS PORTS OF ENTRY.
(a) In General.--The President shall--
(1) pursuant to the Act of August 1, 1914 (38 Stat. 623,
chapter 223; 19 U.S.C. 2), designate each airport described in
subsection (b) as a port of entry; and
(2) terminate the application of the user fee requirement
under section 236 of the Trade and Tariff Act of 1984 (19
U.S.C. 58b) with respect to the airport.
(b) Airports Described.--An airport described in this subsection is
an airport that--
(1) is a primary airport (as defined in section 47102 of
title 49, United States Code);
(2) is located not more than 30 miles from the northern or
southern international land border of the United States;
(3) is associated, through a formal, legal instrument,
including a valid contract or governmental ordinance, with a
land border crossing or a seaport not more than 30 miles from
the airport; and
(4) through such association, meets the numerical criteria
considered by U.S. Customs and Border Protection for
establishing a port of entry, as set forth in--
(A) Treasury Decision 82-37 (47 Fed. Reg. 10137;
relating to revision of customs criteria for
establishing ports of entry and stations), as revised
by Treasury Decisions 86-14 (51 Fed. Reg. 4559) and 87-
65 (52 Fed. Reg. 16328); or
(B) any successor guidance or regulation.
Passed the House of Representatives July 20, 2023.
Attest:
KEVIN F. MCCUMBER,
Clerk.
Calendar No. 211
118th CONGRESS
1st Session
H. R. 3935
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to reauthorize and improve the
Federal Aviation Administration and other civil aviation programs, and
for other purposes.
_______________________________________________________________________
September 21, 2023
Read the second time and placed on the calendar