[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4246 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 646
117th CONGRESS
  2d Session
                                S. 4246

To direct the Secretary of Transportation to establish a pilot program 
to provide grants related to advanced air mobility infrastructure, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 17), 2022

Mr. Padilla (for himself and Mr. Moran) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           December 14, 2022

               Reported by Ms. Cantwell, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Transportation to establish a pilot program 
to provide grants related to advanced air mobility infrastructure, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advanced Aviation Infrastructure 
Modernization Act'' or the ``AAIM Act''.

SEC. 2. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.

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

SEC. 3. GAO STUDY AND REPORT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) conduct a study on the interests, roles, and 
        responsibilities of Federal, State, local, and Tribal 
        governments affected by AAM aircraft and operations; and
            (2) submit to the appropriate committees of Congress a 
        report on the study, including the Comptroller General's 
        findings and conclusions.
    (b) Requirements.--In conducting the study required under 
subsection (a), the Comptroller General shall review the following:
            (1) The state of the law as of the enactment of this Act 
        with respect to Federal authority over operations of AAM 
        aircraft systems in the national airspace system.
            (2) The state of the law as of the enactment of this Act 
        with respect to State, local, and Tribal authority over 
        operations of AAM aircraft in the national airspace system.
            (3) Potential gaps between authorities under paragraphs (1) 
        and (2).
            (4) Proposals to facilitate the safe and financially viable 
        growth and development of the AAM industry and integration of 
        AAM aircraft into the national airspace system.
                                                       Calendar No. 646

117th CONGRESS

  2d Session

                                S. 4246

_______________________________________________________________________

                                 A BILL

To direct the Secretary of Transportation to establish a pilot program 
to provide grants related to advanced air mobility infrastructure, and 
                          for other purposes.

_______________________________________________________________________

                           December 14, 2022

                        Reported with amendments