114 HR 3559 IH: FAA Research and Development Act of 2023
U.S. House of Representatives
2023-05-22
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I
118th CONGRESS
1st Session
H. R. 3559
IN THE HOUSE OF REPRESENTATIVES
May 22, 2023
Mr. Lucas introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for Federal Aviation Administration research and development, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “FAA Research and Development Act of 2023”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.
Title I —FAA Research and Development Organization
Sec. 101. Assistant Administrator for Research and Development.
Sec. 102. Report on implementation; funding for safety research and development.
Title II —FAA Research and Development Activities
Sec. 201. Aviation fuel research, development, and usage.
Sec. 202. Continuous lower energy, emission, and noise (CLEEN).
Sec. 203. Hydrogen aviation research and development.
Sec. 204. Air traffic surveillance over oceans and other remote locations.
Sec. 205. Utilization of space-based assets to improve air traffic control and aviation safety.
Sec. 206. Aviation weather technology review.
Sec. 207. Air traffic surface operations safety.
Sec. 208. Airport and airfield pavement technology research program.
Sec. 209. Technology review of artificial intelligence and machine learning technologies.
Sec. 210. Research plan for commercial supersonic research.
Sec. 211. Electromagnetic spectrum research and development.
Sec. 212. Aviation structures, materials, and advanced manufacturing research and development.
Sec. 213. Research plan on the remote tower program.
Sec. 214. Air traffic control training.
Sec. 215. Report on aviation cybersecurity directives.
2.

Definitions
In this Act:
(1)

Administrator
The term “Administrator” means the Administrator of the Federal Aviation Administration.
(2)

Appropriate committees of Congress
The terms “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.
3.

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.”.
I

FAA Research and Development Organization
101.

Assistant Administrator for Research and Development
No funds are authorized to be appropriated for the Office of the Administrator for a fiscal year unless the Administrator has implemented section 711 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 49 U.S.C. 106 note).
102.

Report on implementation; funding for safety research and development
Not later than one year after the date of the enactment of this Act, 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 under sections 44504, 44505, 44507, 44509, and 44511 through 44513 of such title, and to assess the implementation of section 48102(b)(2) of such title.
II

FAA Research and Development Activities
201.

Aviation fuel research, development, and usage
(a)

Roadmap
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 without adversely affecting the existing piston engine fleet. Such roadmap shall consider activities to promote the development, testing, and certification of safe and lead-free fuel for use in general aviation aircraft, including requisite airport refueling infrastructure.
(b)

Partnership with private industry
The Administrator shall coordinate with industry regarding research programs for mass production and distribution of unleaded aviation gasoline for market viability, and define criteria to explore incentive programs to reduce lead emissions for communities in need.
202.

Continuous lower energy, emission, and noise (CLEEN)
(a)

In general
The Administrator shall broaden the CLEEN program to include hydrogen and other alternative aviation fuel for development, maturation, and testing of certifiable continuous, lower energy, emission, and noise (CLEEN) aircraft, engine technologies, and fuels for civil airplanes.
(b)

Scope
Subsection (a) of section 47511 of title 49, United States Code, is amended—
(1)
by striking “jet”; and
(2)
by striking “subsonic”.
203.

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 uses of hydrogen in aviation.
(2)
The use of hydrogen in combination with other research and development efforts for 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, using amounts made available under section 48102(a) of title 49, United States Code, 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.
204.

Air traffic surveillance over oceans and other remote locations
(a)

Air traffic surveillance over oceans
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 Act, the Administrator shall submit to the appropriate committees of Congress a report on the activities carried out under this section.
205.

Utilization of space-based assets to improve air traffic control and aviation safety
(a)

In general
Using amounts available under section 48102(a) of title 49, United States Code, the Administrator, in coordination with the Administrator of the NASA, and in consultation with industry stakeholders, shall carry out research, development, demonstration, and testing of air traffic Space-Based Automatic Dependent Surveillance-Broadcast (ADS-B) data.
(b)

Research activities
In carrying out the research, development, demonstration, 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 Act, the Administrator shall provide to the appropriate committees of Congress a report on the research and development program under subsection (a) and the information obtained pursuant to the activities researched pursuant to subsection (b).
206.

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, 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 Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the review conducted under subsection (a).
207.

Air traffic surface operations safety
(a)

Research
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.
(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.
(c)

Report
Not later than 18 months after the date of the enactment of this Act, 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.
208.

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 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.”.
209.

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)
FAA air traffic control operations.
(5)
Airport security.
(6)
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 Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the review conducted under subsection (a).
210.

Research plan for commercial supersonic research
Not later than one year after the date of the enactment of this Act, 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 research and development and identify any further research and development needed to support establishment 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.
211.

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.
(3)
The implications, including risks, of new or emerging technologies or other factors on the environment for radio frequency spectrum interference.
(4)
How various new or emerging technologies may enable improvements in the prevention of, mitigation of, or resilience to interference.
(b)

Report
Not later than one year after the date of the enactment of this Act, 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).
212.

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, metal additive manufacturing, including large-scale additive manufacturing, aviation structures, and advanced materials capabilities, including the development and qualification of new material chemistries, to be used in the manufacture of aircraft.
(c)

Report
Not later than 180 days after the date of the enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a report on the findings of the research under subsection (a).
213.

Research plan on the remote tower program
(a)

In general
Not later than 180 days after the date of the enactment of this Act, 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.
214.

Air traffic control training
(a)

Research
Using amounts made available under section 48102(a) of title 49, United States Code, 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; and
(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.
(c)

Report
Not later than one year after the date of the enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the findings of the research under subsection (a).
215.

Report on aviation cybersecurity directives
Not later than 180 days after the date of enactment of this Act, 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.