117 S1939 IS: FAA Reauthorization Act of 2023
U.S. Senate
2023-06-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 1939
IN THE SENATE OF THE UNITED STATES
June 13, 2023
Ms. Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2024 through 2028, and for other purposes.
1.

Short title; table of contents
(a)

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

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Authorizations
Sec. 101. Airport planning and development and noise compatibility planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. FAA operations.
Sec. 104. Extension of expiring authorities.
Sec. 105. Authority to subpoena physical evidence.
Sec. 106. Research, engineering, and development.
Sec. 107. Effective date.
TITLE II—FAA OVERSIGHT AND ORGANIZATION
Subtitle A—Organization
Sec. 201. Future of NextGen.
Sec. 202. Airspace Innovation Office.
Sec. 203. Commercial Software Options for Improving ASIAS Analytics.
Sec. 204. Authority to use electronic service.
Subtitle B—Regulatory Reform
Sec. 211. Safety and efficiency through digitization of FAA systems.
Sec. 212. Report elimination or modification.
Sec. 213. Internal regulatory process review.
Sec. 214. Review and Updates of Categorical Exclusions.
TITLE III—SAFETY IMPROVEMENTS
Sec. 301. Independent Study on future state of type certification processes.
Sec. 302. Report on international validation program performance.
Sec. 303. High risk flight testing.
Sec. 304. Recording devices.
Sec. 305. Helicopter safety.
Sec. 306. Review and incorporation of human readiness levels into agency guidance material.
Sec. 307. Service difficulty reports.
Sec. 308. Accountability and compliance.
Sec. 309. Accountability for aircraft registration numbers.
Sec. 310. Aircraft registration.
Sec. 311. FAA oversight of repair stations located outside the United States.
Sec. 312. Alcohol and drug testing and background checks.
Sec. 313. Continuous aircraft tracking and transmission for high altitude balloons.
Sec. 314. International engagement.
Sec. 315. Air tour and sport parachuting safety.
Sec. 316. International aviation safety assessment program.
Sec. 317. Changed product rule reform.
Sec. 318. Development of low-cost voluntary ADS-B.
Sec. 319. Public aircraft flight time logging eligibility.
Sec. 320. Safety management systems.
Sec. 321. Aviation safety information analysis and sharing program.
Sec. 322. Consistent and timely pilot checks for air carriers.
Sec. 323. Enhancing processes for authorizing aircraft for service in commuter and on demand operations.
Sec. 324. Tower marking compliance.
Sec. 325. Administrative authority for civil penalties.
Sec. 326. Civil penalties for whistleblower protection program violations.
Sec. 327. Flight service stations.
Sec. 328. Technical assistance agreements.
Sec. 329. Restoration of authority.
Sec. 330. Tarmac operations monitoring study.
Sec. 331. GAO report on cybersecurity of commercial aviation avionics.
Sec. 332. Securing aircraft avionics systems.
Sec. 333. Maintenance data availability.
Sec. 334. Study on airworthiness standards compliance.
Sec. 335. Fire protection standards.
Sec. 336. Cabin air safety.
Sec. 337. Airport air safety.
Sec. 338. Aircraft interchange agreement limitations.
Sec. 339. Wildfire suppression.
Sec. 340. Study on impacts of temperature in aircraft cabins.
Sec. 341. Part 135 pilot supplemental oxygen requirement.
Sec. 342. Crewmember pumping guidance.
Sec. 343. Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act.
TITLE IV—MODERNIZING THE NATIONAL AIRSPACE SYSTEM
Sec. 401. NextGen accountability task force.
Sec. 402. Use of advanced surveillance in oceanic airspace.
Sec. 403. GPS monitoring pilot program.
Sec. 404. Runway safety technologies.
Sec. 405. Flight profile optimization.
Sec. 406. Stars remote surveillance displays.
Sec. 407. Audit of legacy systems.
Sec. 408. Aeronautical mobile communications services.
Sec. 409. Low altitude routes for vertical flight.
Sec. 410. ADS-B out equipage study; Vehicle-to-Vehicle link program.
Sec. 411. Extension of enhanced air traffic services pilot program.
Sec. 412. NextGen equipage plan.
Sec. 413. Performance based navigation report and utilization plan.
Sec. 414. Air traffic control facility realignment study.
TITLE V—AVIATION WORKFORCE
Subtitle A—Civil Aviation Workforce
Sec. 501. Aviation workforce development grants.
Sec. 502. Women in Aviation Advisory Committee.
Sec. 503. Study of high school aviation maintenance training programs.
Sec. 504. Military aviation maintenance technicians rule.
Sec. 505. Prohibition of remote dispatching.
Sec. 506. Employee assault prevention and response plan standards and best practices.
Sec. 507. Crewmember self-defense training.
Sec. 508. Improving apron safety.
Sec. 509. Aviation Medical Innovation and Modernization Working Group.
Sec. 510. Airman Certification Standards.
Subtitle B—FAA Workforce
Sec. 521. Air traffic control staffing standards.
Sec. 522. FAA Workforce review audit.
Sec. 523. Direct hire authority utilization.
Sec. 524. Staffing model for aviation safety inspectors.
Sec. 525. Safety critical staffing.
Sec. 526. Instrument landing system installation.
Sec. 527. Aviation Certification Fellowship Program.
Sec. 528. Contract Tower Program air traffic controller training programs.
Sec. 529. Review of FAA and industry cooperative familiarization programs.
Sec. 530. Improved access to air traffic control simulation training.
Sec. 531. Air Traffic Controller Instructor Pipeline.
Sec. 532. Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes.
Sec. 533. Federal aviation administration academy and facility expansion plan.
TITLE VI—MODERNIZING AIRPORT SYSTEMS
Sec. 601. AIP eligibility amendments.
Sec. 602. Revised minimum apportionments.
Sec. 603. Apportionments for transitioning airports.
Sec. 604. Updating United States Government’s share of project costs.
Sec. 605. Primary airport designation.
Sec. 606. Discretionary fund for terminal development costs.
Sec. 607. Alternative-delivery and advance-construction methods pilot program.
Sec. 608. Integrated project delivery.
Sec. 609. Airport investment partnership program.
Sec. 610. Airport accessibility.
Sec. 611. General aviation public-private partnership program.
Sec. 612. Runway rehabilitation.
Sec. 613. Extension of provision relating to airport access roads in remote locations.
Sec. 614. Procurement regulations applicable to FAA multimodal projects.
Sec. 615. Solar powered taxiway edge lighting systems.
Sec. 616. Additional ground based transmitters.
Sec. 617. Automated weather observing systems maintenance improvements.
Sec. 618. Contract Tower Program.
Sec. 619. Remote towers.
Sec. 620. Grant assurances.
Sec. 621. Civil penalties for grant assurances violations.
Sec. 622. Community use of airport land.
Sec. 623. Buckeye 940 release of deed restrictions.
Sec. 624. Clarifying airport revenue use of local general sales taxes.
Sec. 625. AIP handbook review.
Sec. 626. PFAS-related resources for airports.
Sec. 627. Progress reports on the national transition plan related to a fluorine-free firefighting foam.
Sec. 628. Review of airport layout plans.
Sec. 629. NEPA purpose and need statements.
Sec. 630. Passenger facility charge streamlining.
Sec. 631. Use of passenger facility charges for noise barriers.
Sec. 632. Automated weather observing systems policy.
Sec. 633. Infrastructure Investment and Jobs Act implementation.
Sec. 634. Report on airport notifications.
Sec. 635. Coastal airports resiliency study.
Sec. 636. Survey of power distribution capacity.
Sec. 637. Study on competition and airport access.
Sec. 638. Regional airport capacity study.
Sec. 639. Study on autonomous and electric-powered track systems.
Sec. 640. Special rule for reclassification of certain unclassified airports.
Sec. 641. General aviation airport runway extension pilot program.
TITLE VII—AIR SERVICE IMPROVEMENTS
Subtitle A—Consumer Enhancements
Sec. 701. Advisory committee for aviation consumer protection.
Sec. 702. Unrealistic or deceptive scheduling.
Sec. 703. Refunds.
Sec. 704. Airline passenger rights transparency act.
Sec. 705. Disclosure of ancillary fees.
Sec. 706. Access to customer service assistance for all travelers.
Sec. 707. Frequent flyer programs and vouchers.
Sec. 708. Airline customer service dashboards.
Sec. 709. Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights.
Sec. 710. Enhancing child safety.
Sec. 711. Codification of consumer protection provisions.
Sec. 712. GAO study on competition and consolidation in the air carrier industry.
Sec. 713. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards.
Sec. 714. Increase in civil penalties.
Sec. 715. Family seating.
Sec. 716. Establishment of Office of Aviation Consumer Protection.
Subtitle B—Accessibility
Sec. 731. Extension of the advisory committee on the air travel needs of passengers with disabilities.
Sec. 732. Modernization and improvements to aircraft evacuation.
Sec. 733. Improved training standards for assisting passengers who use wheelchairs.
Sec. 734. Training standards for stowage of wheelchairs and scooters.
Sec. 735. Mobility Aids On Board Improve Lives and Empower All Act.
Sec. 736. Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023.
Sec. 737. Transportation of organs.
Sec. 738. Access and Dignity for All People who Travel Act.
Sec. 739. Equal Accessibility to Passenger Portals Act.
Sec. 740. Store On-board Wheelchairs in Cabin Act.
Subtitle C—Air Service Development
Sec. 741. Essential air service.
Sec. 742. Small community air service development grants.
Sec. 743. GAO study and report on the alternate Essential Air Service program.
TITLE VIII—NEW ENTRANTS
Subtitle A—Unmanned Aircraft Systems
Sec. 801. Office of Advanced Aviation Technology and Innovation.
Sec. 802. Advanced Aviation Technology and Innovation Steering Committee.
Sec. 803. Beyond visual line of sight operations for unmanned aircraft systems.
Sec. 804. Extending special authority for certain unmanned aircraft systems.
Sec. 805. Environmental Review and Noise Certification.
Sec. 806. UTM implementation.
Sec. 807. Operations over the high seas.
Sec. 808. Extension of the BEYOND program.
Sec. 809. Extension of the Know Before You Fly campaign.
Sec. 810. Unmanned aircraft system data exchange.
Sec. 811. Unmanned aircraft system detection and mitigation enforcement authority.
Sec. 812. Recreational operations of drone systems.
Sec. 813. UAS test ranges.
Sec. 814. Authority regarding protection of certain facilities and assets from unmanned aircraft.
Sec. 815. Airport safety and airspace hazard mitigation and enforcement.
Sec. 816. Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems.
Subtitle B—Advanced Air Mobility
Sec. 821. Sense of Congress on FAA leadership.
Sec. 822. Aviation Rulemaking Committee on certification of powered-lift aircraft.
Sec. 823. Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects.
Sec. 824. Advanced Air Mobility Working Group amendments.
Sec. 825. Rules for operation of powered-lift aircraft.
Sec. 826. International coordination on powered-lift aircraft.
Sec. 827. Advanced air mobility propulsion systems aviation rulemaking committee.
TITLE IX—RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES
Sec. 901. Advanced materials center of excellence enhancements.
Sec. 902. Center of excellence for unmanned aircraft systems.
Sec. 903. ASSUREd safe credentialing authority.
Sec. 904. FAA and NASA advanced aviation technologies pilot program.
Sec. 905. Advancing global leadership on civil supersonic aircraft.
Sec. 906. CLEEN engine and airframe technology partnership.
Sec. 907. Hypersonic flight testing.
Sec. 908. Hypersonic pathway to integration study.
Sec. 909. Operating high-speed flights in high altitude Class E airspace.
Sec. 910. Electric propulsion aircraft operations study.
Sec. 911. Contract weather observers program.
Sec. 912. Airfield pavement technology program.
Sec. 913. National aviation research plan modification.
Sec. 914. FAA and NASA research and development coordination review.
Sec. 915. Research and development of FAA's aeronautical information systems modernization activities.
Sec. 916. Center of Excellence for Alternative Jet Fuels and Environment.
Sec. 917. Aircraft Noise Advisory Committee.
TITLE X—MISCELLANEOUS
Sec. 1001. Noise mitigation.
TITLE XI—TECHNICAL CORRECTIONS
Sec. 1101. Technical corrections.
2.

Definitions
In this Act:
(1)

Administrator
Unless otherwise specified, the term Administrator means the Administrator of the Federal Aviation Administration.
(2)

Appropriate committees of Congress
The term appropriate committees of Congress means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(3)

Comptroller General
The term Comptroller General means the Comptroller General of the United States.
(4)

FAA
The term FAA means the Federal Aviation Administration.
(5)

Secretary
Unless otherwise specified, the term Secretary means the Secretary of Transportation.
I

Authorizations
101.

Airport planning and development and noise compatibility planning and programs
(a)

Authorization
Section 48103(a) of title 49, United States Code, is amended by striking paragraphs (1) through (6) and inserting the following:
“(1)
$4,000,000,000 for fiscal year 2024;
(2)
$4,000,000,000 for fiscal year 2025;
(3)
$4,000,000,000 for fiscal year 2026;
(4)
$4,000,000,000 for fiscal year 2027; and
(5)
$4,000,000,000 for fiscal year 2028.”.
(b)

Obligation authority
Section 47104(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking “2023,” and inserting “2028,”.
102.

Facilities and equipment
Section 48101(a) of title 49, United States Code, is amended by striking paragraphs (1) through (6) and inserting the following:
“(1)
$3,575,000,000 for fiscal year 2024.
(2)
$3,625,000,000 for fiscal year 2025.
(3)
$3,675,000,000 for fiscal year 2026.
(4)
$3,675,000,000 for fiscal year 2027.
(5)
$3,675,000,000 for fiscal year 2028.”.
103.

FAA operations
(a)

In general
Section 106(k)(1) of title 49, United States Code, is amended by striking subparagraphs (A) through (F) and inserting the following:
“(A)
$12,740,000,000 for fiscal year 2024;
(B)
$13,033,000,000 for fiscal year 2025;
(C)
$13,500,000,000 for fiscal year 2026;
(D)
$13,900,000,000 for fiscal year 2027; and
(E)
$14,400,000,000 for fiscal year 2028.”.
(b)

Authority to transfer funds
Section 106(k)(3) of title 49, United States Code, is amended by striking “fiscal years 2018 through 2023” and inserting “fiscal years 2024 through 2028”.
104.

Extension of expiring authorities
(a)

Marshall Islands, Micronesia, and Palau
Section 47115(i) of title 49, United States Code, is amended by striking “fiscal years 2018 through 2023” and inserting “fiscal years 2024 through 2028”.
(b)

Extension of compatible land use planning and projects by State and local governments
Section 47141(f) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “September 30, 2028”.
(c)

Midway Island airport
Section 186(d) of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176; 117 Stat. 2518) is amended by striking “fiscal years 2018 through 2023” and inserting “fiscal years 2024 through 2028”.
(d)

Authority to provide insurance
Section 44310(b) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “September 30, 2028.”.
105.

Authority to subpoena physical evidence
Section 46104(a)(1) of title 49, United States Code, is amended by striking “and records” and inserting “, records, including documents and data, whether stored in a physical or electronic format, and tangible objects”.
106.

Research, engineering, and development
Section 48102(a) of title 49, United States Code, is amended—
(1)
in paragraph (14), by striking “and” at the end;
(2)
by paragraph (15), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
“(16)
$344,000,000 for fiscal year 2024;
(17)
$360,000,000 for fiscal year 2025;
(18)
$367,000,000 for fiscal year 2026;
(19)
$374,000,000 for fiscal year 2027; and
(20)
$390,000,000 for fiscal year 2028.”.
107.

Effective date
The amendments made by this subtitle (other than in section 105) shall take effect on October 1, 2023.
II

FAA OVERSIGHT AND ORGANIZATION
A

Organization
201.

Future of NextGen
(a)

Completion and sunset
(1)

Key programs
Not later than December 31, 2025, the FAA shall operationalize all the key programs under the NextGen project as described in the FAA’s deployment plan.
(2)

Office; Advisory Committee
The NextGen Office and the NextGen Advisory Committee shall terminate on December 31, 2025.
(3)

Transfer of residual NextGen implementation functions; status report
If the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall transfer the residual functions of completing NextGen to the Airspace Innovation Office established under section 202.
(4)

Transfer of advanced air mobility functions
Not later than 90 days after the date of enactment of this section, any AAM (as defined in section 106(u)(7) of title 49, United States Code (as added by section 801)) relevant functions, duties, and responsibilities of the NAS Systems, Engineering, & Integration Office or other Offices within the Office of NextGen shall be incorporated into the Office of Advanced Aviation Technology and Innovation established under section 106(u) of title 49, United States Code (as so added).
(5)

Status reports
If the FAA does not complete the NextGen project by the deadline specified in paragraph (1), the Administrator shall, not later than 30 days after such deadline, and quarterly thereafter until all key programs under the NextGen project are deployed, brief the appropriate committees of Congress on the status of each incomplete program, including, with respect to each such incomplete program—
(A)
an explanation as to why the program deployment was delayed or not completed by such deadline;
(B)
an assessment of the key risks to the full implementation of the program and a description of how the FAA is mitigating, or plans to mitigate, those risks; and
(C)
a detailed schedule of actions necessary to complete the program, including updated milestones and deadlines.
(b)

Independent report
(1)

In general
Not later than 90 days of the date of enactment of this section, the Administrator shall contract with an independent third-party contractor or a Federally funded research and development center to develop a report reviewing and assessing the implementation of the NextGen project.
(2)

Requirements
The report developed under paragraph (1) shall include the following:
(A)
Evaluation of the promised operational benefits at the time of initiation and the realized benefits upon completion of the NextGen project.
(B)
Recommendations for the technical capacity and resources needed by the FAA in order to oversee a comprehensive airspace modernization project on-schedule and on-budget.
(C)
Identification of programs under the NextGen project that were significantly delayed, significantly diminished, or ultimately not implemented, including an explanation of the cause of the delay, reduction, or removal of the program from the NextGen project by the FAA. This discussion shall include at a minimum, programs relating to expanding surveillance coverage across the country, increasing performance-based navigation, and improving enroute data communications.
(D)
Identification of any challenges that impacted the implementation of the NextGen project.
(E)
Identification of any lessons learned during the NextGen project effort, and whether, how, and to what effect those lessons may be applied to future national airspace system modernization efforts.
(F)
Assessment of national airspace system user engagement in the NextGen project priorities and implementation.
(G)
Recommendations of the justifications for further national airspace system modernization efforts including economic, safety, efficiency, capacity, predictability, and resiliency of the United States air transportation system.
(3)

Deadline
Not later than June 30, 2026, the report developed under paragraph (1) shall be submitted to the Administrator and the appropriate committees of Congress.
202.

Airspace Innovation Office
(a)

Establishment
(1)

In general
On January 1, 2026, the Administrator shall establish within the FAA the Airspace Innovation Office (in this section referred to as the Office).
(2)

Assistant Administrator
The Office shall be led by the Assistant Administrator.
(3)

Duties
The Office shall be responsible for—
(A)
the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system; and
(B)
developing an integrated plan for the future state of the national airspace system and overseeing the deployment of the system.
(4)

Consultation
The Assistant Administrator shall consult, as necessary, with the Chief Technology Officer appointed under section 106(s) of title 49, United States Code, and the Associate Administrator for Advanced Aviation Technology and Innovation appointed under section 106(u) of title 49, United States Code (as added by section 801).
(b)

Integrated plan requirements
The integrated plan developed by the Office shall be designed to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse set of airspace users. The integrated plan shall include the following:
(1)
A description of the demand for services that will be required of the Nation’s future air transportation system, and an explanation of how those demand projections were derived, including—
(A)
the most likely range of average annual resources required over the duration of the plan to cost-effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the FAA’s mission; and
(B)
an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users.
(2)
A roadmap for creating and implementing the integrated plan, including—
(A)
the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and non-profit organizations in carrying out such activities;
(B)
the annual anticipated cost of carrying out such activities; and
(C)
the technical milestones that will be used to evaluate the activities.
(3)
A description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system.
(4)
The management of the enterprise architecture framework for the introduction of these operational improvements and to inform FAA financial decision-making.
(5)
A business case for the operational improvements that the Office will develop and deploy not later than 2040, including the benefits, costs, and risks of the preferred and alternative options.
(c)

Considerations
In developing and carrying out the integrated plan, the Office shall consider—
(1)
the results and recommendations of the independent report on implementation of the NextGen project under section 201(b);
(2)
the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and
(3)
the audit of legacy systems required by section 407, and the resulting plan to replace or enhance the identified legacy systems within a reasonable time frame.
(d)

Consultation
In developing and carrying out the integrated plan, the Office shall consult with representatives from—
(1)
the National Aeronautics and Space Administration;
(2)
airlines;
(3)
business aviation;
(4)
general aviation;
(5)
aviation labor groups;
(6)
aviation research and development entities;
(7)
aircraft and avionics manufacturers;
(8)
air traffic control suppliers;
(9)
commercial space industry;
(10)
commercial and recreational drone industry; and
(11)
any other entities the Office deems necessary.
(e)

Plan deadline; briefings
(1)

Plan deadline
Not later than November 30, 2026, the Administrator shall submit the integrated plan required by subsection (a)(3)(B) to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives.
(2)

Annual briefings
The Administrator shall provide the committees of Congress specified in paragraph (1) with an annual briefing describing the progress in carrying out the integrated plan required by subsection (a)(3)(B), including any changes to the plan.
(f)

DOT Inspector General review
Not later than 180 days following submission of the integrated plan under subsection (e)(1), the Inspector General of the Department of Transportation shall review the integrated plan and submit to the committees of Congress specified in paragraph (1) a report that—
(1)
assesses the business case for the integrated plan;
(2)
provides any recommendations for improving the integrated plan; and
(3)
includes any other information that the Inspector General determines appropriate.
(g)

Limitation
The FAA is not authorized to spend any amounts on the deployment of new air traffic management technologies and operational improvements that have yet to be deployed and identified in the integrated plan until the committees of Congress specified in paragraph (1) have been briefed under subsection (e)(2).
203.

Commercial Software Options for Improving ASIAS Analytics
(a)

ASIAS analytics
(1)

Evaluation
Not later than 180 days after the date of enactment of this section, the Administrator shall evaluate whether commercial software solutions are available to improve the FAA’s Aviation Safety Information Analysis and Sharing (ASIAS) system to advance the system’s predictive capabilities and analytical solutions developed.
(2)

Requirements
In carrying out the evaluation required by paragraph (1), the Administrator shall—
(A)
prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs; and
(B)
ensure that adequate market research is completed in accordance with FAA acquisition management system requirements, including appropriate live demonstrations of proposed solutions, as part of the evaluation criteria.
(b)

Congressional briefing
Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a briefing on the results of the evaluation carried out under subsection (a) that—
(1)
includes an assessment of the FAA’s progress toward achieving previously identified milestones for ASIAS by the Inspector General of the Department of Transportation and the Special Committee to Review FAA Aircraft Certification Reports; and
(2)
outlines the FAA’s plan to use rapidly deployable commercial solutions to assist the FAA in meeting such milestones.
204.

Authority to use electronic service
Section 46103 of title 49, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (B), by striking “or” after the semicolon;
(ii)
in subparagraph (C), by striking the period at the end and inserting a semicolon; and
(iii)
by adding at the end the following:
“(D)
by electronic or facsimile transmission to the person to be served or the designated agent of the person; or
(E)
as designated by regulation or guidance published in the Federal Register.”; and
(B)
by adding at the end the following:
“(3)
The date of service made by an electronic or facsimile method is—
(A)
the date an electronic or facsimile transmission is sent; or
(B)
the date a notification is sent by an electronic or facsimile method that a notice, process, or action is immediately available and accessible in an electronic database.”; and
(2)
in subsection (c) by striking the first sentence and inserting “Service on an agent designated under this section shall be made at the office or usual place of residence of the agent or at the electronic or facsimile address designated by the agent.”.
B

Regulatory Reform
211.

Safety and efficiency through digitization of FAA systems
(a)

In general
Not later than 180 days after the date of enactment of this section, the Administrator shall—
(1)
identify, at the discretion of the Administrator, 3 processes of the FAA that result in a certification (such as an aircraft certification, aircraft registration, or airmen certification) or authorization, an exemption, or a letter of authorization; and
(2)
initiate the digitization of such processes.
(b)

Requirements
In carrying out the digitization required by subsection (a), the Administrator shall ensure that the digitization of any process allows for—
(1)
an applicant to track their application throughout the period of submission and review of such application; and
(2)
the status of the application to be available upon demand to the applicant, as well as FAA employees responsible for reviewing and making a decision on the application.
(c)

Briefing to Congress
Not later than 1 year after the date on which the Administrator initiates the digitization under subsection (a)(2), the Administrator shall brief the appropriate committees of Congress on the progress of such digitization.
(d)

Definition of digitization
In this section, the term digitization means the transition from a predominantly paper-based system to a system centered on the use of a data management system and the internet.
212.

Report elimination or modification
(a)

Reports modified
(1)

Report on the airport improvement program
(A)

In general
Section 47131(a) of title 49, United States Code, is amended by striking the first sentence and inserting “Not later than June 1, 2025, and biennially thereafter, the Secretary of Transportation shall submit to Congress a report on activities carried out under this subchapter during the prior 2 fiscal years.”.
(B)

Conforming amendments
(i)
Section 47131 of title 49, United States Code, is amended in the section heading by striking “Annual” and inserting “Biennial”.
(ii)
The analysis for chapter 471 of title 49, United States Code, is amended by striking the item relating to section 47131 and inserting the following:
“47131. Biennial report.”.
(2)

National aviation research plan
(A)
Section 44501(c)(1) of title 49, United States Code, is amended by striking “the date of submission” and inserting “90 days after the date of submission”.
(B)
Section 48102(g) of title 49, United States Code, is amended by striking “the date of submission” and inserting “90 days after the date of submission”.
(b)

Reports eliminated
(1)

Laser pointer incidents
Section 2104(a) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 46301 note) is amended by striking “Beginning 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide quarterly updates to the appropriate committees of Congress regarding” and inserting “The Administrator of the Federal Aviation Administration, in coordination with appropriate Federal law enforcement agencies, shall provide an annual briefing to the appropriate committees of Congress regarding”.
(2)

Report on helicopter air ambulance operations
Section 44731 of title 49, United States Code, is amended—
(A)
in subsection (d)—
(i)
in the subsection heading, by striking “Report to Congress” and inserting “Briefing”;
(ii)
by striking the first sentence and inserting “The Administrator shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually on the data collected under subsection (a).”; and
(iii)
in the second sentence by striking “report” and inserting “briefing”; and
(B)
in subsection (e)(2), by striking “the report” and inserting “the briefing”.
213.

Internal regulatory process review
(a)

In general
The Secretary shall establish an internal regulatory process review team (in this section referred to as the review team) comprising of FAA employees and individuals described in subsection (b) to develop recommendations to improve the timeliness of, and performance accountability in, the development and promulgation of regulatory materials (as defined in subsection (g)). The review team shall deliver a report with recommendations to the Secretary in accordance with the deadlines specified in subsection (e).
(b)

Other members; consultation
(1)

In general
The review team shall include outside experts and academics with relevant experience or expertise in aviation safety and in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety. The review team shall include at least 3 outside experts or academics with relevant experience or expertise in aviation safety and at least 1 outside expert or academic with relevant experience or expertise in improving the performance, accountability, and transparency of the Federal regulatory process, particularly as it relates to aviation safety.
(2)

Consultation
The review team may, as appropriate, consult with industry stakeholders.
(c)

Contents of review
In conducting the review required under subsection (a), the review team shall do the following:
(1)
Develop a proposal for rationalizing processes and eliminating redundant administrative review of regulatory materials within the FAA, particularly when FAA-sponsored rule-making committees and stakeholders have collaborated on the proposed regulations to address airworthiness standards deficiencies.
(2)
With respect to each office within the FAA that reviews regulatory materials, assess—
(A)
the timeline assigned to each such office to complete the review of regulatory materials;
(B)
the actual time spent for such review;
(C)
opportunities to reduce the actual time for such review; and
(D)
whether clear roles, responsibilities, requirements, and expectations are clearly defined for each office required to review the regulatory materials.
(3)
Define and document the roles and responsibilities of each office within the FAA that develops, drafts or reviews each kind of regulatory material in order to ensure that hiring reflects who, where, and how these employees function in the rulemaking framework.
(4)
Describe any organizational changes or the need to hire additional FAA employees, if necessary and taking into consideration whether current positions are staffed, to reduce delays in publication of proposed and final regulatory materials.
(5)
In order to provide the public with detailed information on the progress of the development of regulatory materials, identify reporting mechanisms and develop a template and appropriate system metrics for making publicly available on a website a real-time progress tracker that updates itself to show the major stages (as determined by the Secretary) of the development of regulatory materials as they are initiated, in progress, and completed, from inception of a proposed development of regulatory materials to publication of the final version of such materials.
(6)
Consider changes to the FAA’s best practices under rules governing ex parte communications with other validating authorities, including international validating authorities, and with consideration of the public interest in transparency, to provide flexibility for FAA employees to discuss regulatory materials, particularly for those related to enhancing aviation safety and the United States’ aviation international leadership.
(7)
Recommend methods by which the FAA can incorporate research funded by the Department of Transportation, in addition to consensus standards and conformance assessment processes set by private sector standards-developing organizations into regulatory materials, to keep pace with rapid changes in aviation technologies and processes.
(8)
Recommend mechanisms to optimize the roles of the Office of the Secretary of Transportation and the Office of Management and Budget, with the objective of improving the efficiency of regulatory activity.
(d)

Action plan
The Administrator shall develop an action plan to implement the recommendations developed by the review team. The Administrator shall publish the action plan on the Internet website of the FAA and shall transmit the plan to the appropriate committees of Congress.
(e)

Deadlines
The requirements of this section shall be subject to the following deadlines:
(1)
The review team shall complete the evaluation required under subsection (a) and submit the review team’s report on such evaluation to the Secretary not later than 120 days after the date of enactment of this section.
(2)
The Administrator shall develop and publish the action plan under subsection (d) not later than 30 days after the date on which the review team submits the report required by subsection (a) to the Administrator.
(f)

Administrative procedure requirements inapplicable
The provisions of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”) shall not apply to any activities of the review team in carrying out the requirements of this section.
(g)

Regulatory materials defined
In this section, the term regulatory materials means rules, orders, advisory circulars, statements of policy, guidance, and other materials related to aviation safety regulations, as well as other materials pertaining to training and operation of aeronautical products.
214.

Review and Updates of Categorical Exclusions
Not later than 2 year after the date of enactment of this section, the Secretary shall—
(1)
identify each categorical exclusion under the jurisdiction of the Department of Transportation (referred to in this section as the “Department”), including any operating administration within the Department; and
(2)
review, adopt, and broaden the applicability of categorical exclusions to enable the use by operating administrations of the Department, as relevant and appropriate, of categorical exclusions identified in paragraph (1).
III

SAFETY IMPROVEMENTS
301.

Independent Study on future state of type certification processes
(a)

Review and study
Not later than 60 days after the date of enactment of this section, subject to the availability of appropriations, the Administrator shall enter into an agreement with an appropriate Federally-funded research and development center, or other independent nonprofit organization that recommends solutions to aviation policy challenges through objective analysis, to conduct a review and study in accordance with the requirements and elements set forth in this section.
(b)

Elements
The review and study under subsection (a) shall provide analyses, assessments, and recommendations that address the following:
(1)
A vision for a future state of type certification that reflects the highly complex, highly integrated nature of today’s aircraft and improvements in aviation safety.
(2)
A review of the current tools and techniques used for type certification and an evaluation of whether use of advanced digital tools and techniques, including model-based system engineering, would improve the type certification process and enhance aviation safety.
(3)
How the FAA could develop a risk-based model for type certification that improves the safety of aircraft.
(4)
What changes are needed to ensure that corrective actions for continued operational safety issues can be approved and implemented quickly, particularly with respect to software modifications, while maintaining the safety of the type certification process.
(5)
What efficiencies and safety process improvements are needed in the FAA’s type certification system that will facilitate the assessment and integration of innovating technologies that advance aviation safety, such as conducting product familiarization, developing certification requirements, and demonstrating flight test safety readiness.
(6)
Best practices and tools used by other certification authorities that could be adopted by the FAA and the United States, as well as the best practices and tools used by the United States which can be shared with other certification authorities.
(c)

Report
Not later than 15 months after the date of enactment of this section, the organization conducting the review and study shall submit to the Administrator and the appropriate committees of Congress a report on the results of the review and study that includes the findings and recommendations of the organization.
(d)

Congressional briefing
Not later than 270 days after the report required under subsection (c) is submitted to the Administrator, the Administrator shall brief the appropriate committees of Congress regarding the FAA’s response to the findings and recommendations of such report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation.
302.

Report on international validation program performance
(a)

In general
Not later than 120 days after the date of enactment of this section, the Secretary shall evaluate the performance of the FAA’s type certificate validation program under bilateral agreements, with reference to agreed implementation procedures.
(b)

Contents
The evaluation under subsection (a) shall consider, at minimum, the following:
(1)
Progress under section 243(a) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) with respect to improving the FAA’s leadership abroad.
(2)
Performance, with reference to metrics such as the number and types of projects, timeline milestones, the validating authority level of involvement and certifying authority delegation, and trends relating to the repeated use of non-basic criteria, relating to review systems or methods of compliance that have been validated previously in similar context.
(3)
Training on the minimum standards for validation work plan content, such as the validating authority level of involvement, and what constitutes justification for level of involvement and compliance document requests.
(4)
The perspectives of FAA employees responsible for type validation projects, bilateral civil aviation regulatory partners, and industry applicants, on the FAA’s performance in carrying out validation projects.
(5)
The levels of funding and staffing for the International Validation Branch of the Compliance and Airworthiness Division of the Aircraft Certification Service of the FAA compared to the Branch’s workload and goals.
(6)
The effectiveness of FAA training for employees and of outreach conducted to improve and enforce validation processes.
(7)
Efforts undertaken to strengthen relationships with international certification authorities to maximize safety cooperation and the use of approvals issued by other certifying authorities in compliance with applicable bilateral agreements and implementation procedures.
(c)

Report
The Administrator shall issue a report regarding the evaluation required under subsection (a) to the appropriate committees of Congress not later than 1 year after the date of enactment of this section.
303.

High risk flight testing
(a)

In general
Not later than 2 years after the date of enactment of this section, the Administrator shall take necessary actions, including as appropriate, amending part 21 of title 14, Code of Federal Regulations, and revising or modifying any associated advisory circulars, guidance, or policy of the FAA, in accordance with this section to improve flight test safety risk.
(b)

Requirements
In developing, amending, revising, or modifying regulations, advisory circulars, guidance, or policy under subsection (a), the Administrator shall do the following:
(1)
Develop validation criteria and procedures whereby data produced in high fidelity engineering laboratories and facilities may be allowed in conjunction with, or in lieu of, data produced on a flying test article to support an applicant’s showing of compliance required under section 21.35(a)(1) of title 14, Code of Federal Regulations.
(2)
Develop criteria and procedures whereby an Organization Designation Authorization (as defined in section 44736(c)(5) of title 49, United States Code) may recommend that certain data produced during an applicant’s company flight test program may be accepted by the FAA as final compliance data in accordance with section 21.35(b) of title 14, Code of Federal Regulations, at the sole discretion of the FAA.
(3)
Work with other civil aviation authorities representing States of Design to identify their best practices relative to high-risk flight testing and adopt those practices into the FAA's flight-testing requirements to the maximum extent practicable.
304.

Recording devices
(a)

In general
Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section:
“44745.

Cockpit recording device
(a)

In general
Not later than 18 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall complete a rulemaking proceeding to—
(1)
require that, not later than 4 years after the date of enactment of this Act, all applicable aircraft are fitted with a cockpit voice recorder and a flight data recorder that are each capable of recording the most recent 25 hours of data;
(2)
prohibit any person from deliberately erasing or tampering with any recording on such a cockpit voice recorder or flight data recorder following a National Transportation Safety Board reportable event under part 830 of title 49, Code of Federal Regulations, and provide for civil and criminal penalties for such deliberate erasing or tampering, which may be assessed in accordance with section 1155 of this title and section 32 of title 18;
(3)
require that such a cockpit voice recorder has the capability for an operator to use an erasure feature, such as an installed bulk erase function, consistent with applicable law and regulations;
(4)
require that, in the case of such a cockpit voice recorder or flight data recorder that uses a solid state recording medium in which activation of a bulk erase function assigns a random discrete code to the deleted recording, only the manufacturer of the recorder and National Transportation Safety Board have access to the software necessary to determine the code in order to extract the deleted recorded data; and
(5)
ensure that data on such a cockpit voice recorder or a flight data recorder, through technical means other than encryption (such as overwriting or the substitution of a blank recording medium before the recorder is returned to the owner) is not disclosed for use other than for accident or incident investigation purposes.
(b)

Prohibited use
A cockpit voice recorder recording shall not be used by the Administrator or any employer for any certificate action, civil penalty, or disciplinary proceedings against flight crewmembers.
(c)

Applicable aircraft defined
In this section, the term applicable aircraft means an aircraft that is—
(1)
operated under part 121 or 135 of title 14, Code of Federal Regulations; and
(2)
required by regulation to have a cockpit voice recorder or a flight data recorder.”.
(b)

Clerical amendment
The analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44744 the following:
“44745. Recording devices.”.
305.

Helicopter safety
(a)

In general
Not later than 270 days after the date of enactment of this section, the Administrator shall task the Aviation Rulemaking Advisory Committee (in this section referred to as the “Committee”) with reviewing and assessing the need for changes to the safety requirements for turbine-powered rotorcraft certificated for 6 or more passenger seats in relation to flight data recorders, flight data monitoring, and terrain awareness and warning systems. The Committee shall submit to the Administrator a report on the findings from such review and assessment, together with recommendations for such legislative or administrative action the Committee deems appropriate.
(b)

Considerations
In reviewing and assessing the safety requirements under subsection (a), the Committee shall consider—
(1)
any applicable safety recommendations of the National Transportation Safety Board; and
(2)
the operational requirements and safety considerations for operations under parts 121 and 135 of title 14, Code of Federal Regulations.
(c)

Briefing
Not later than 30 days after the date on which the Committee submits the report under subsection (a), the Administrator shall brief the appropriate committees of Congress on—
(1)
the findings and recommendations included in the Committee's report; and
(2)
the Administrator’s plan, if any, to implement such recommendations.
306.

Review and incorporation of human readiness levels into agency guidance material
(a)

Findings
Congress finds the following:
(1)
Proper attention to human factors during the development of technological systems is a significant factor in minimizing or preventing human error.
(2)
The evaluation and monitoring of a new aviation technology or system with respect to human use throughout its design and development may reduce human error in new systems and technologies when used in operational conditions.
(3)
The technical standard “ANSI/HFES 400–2021, Human Readiness Level Scale in the System Development Process” defines the 9 levels of a Human Readiness Level scale and their application in systems engineering and human systems integration processes.
(b)

Review
Not later than 90 days after the date of enactment of this section, the Administrator shall initiate a process to review ANSI/HFES Standard 400–2021 and determine whether any materials from this standard can and should be incorporated or referenced in agency procedures and guidance material in order to enhance safety in relation to human factors.
(c)

Consultation
In carrying out subsection (b), the Administrator shall conduct a review of the ANSI/HFES 400–2021 technical standard and may consult with subject matter experts affiliated with the authoring organization for such technical standard.
(d)

Briefing
Not later than 180 days after the date of enactment of this section, the Administrator shall brief the appropriate committees of Congress on the progress of the review required by subsection (b).
307.

Service difficulty reports
(a)

Annual congressional briefings
Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on compliance during the preceding year with requirements relating to Service Difficulty Reports, specifically—
(1)
compliance by operators with the requirements of section 121.703 of title 14, Code of Federal Regulations;
(2)
compliance by approval or certificate holders with the requirements of section 183.63 of title 14, Code of Federal Regulations; and
(3)
compliance by FAA offices with the requirements for investigation of Service Difficulty Reports, as documented in the following FAA Orders (and any subsequent revisions of such Orders):
(A)
FAA Order 8900.1A, Flight Standards Information Management System (issued October 27, 2022);
(B)
FAA Order 8120.23A, Certificate Management of Production Approval Holders (issued March 6, 2017); and
(C)
FAA Order 8110.107A, Monitor Safety/Analyze Data (issued October 1, 2012).
(b)

Requirements
The briefings required by subsection (a) shall include the following with respect to the preceding year:
(1)
Identification of categories of service difficulties reported, as determined by the Administrator, including repetitive service difficulties reported.
(2)
The causes of the service difficulties, as determined by the Administrator.
(3)
Actions taken by, or required by, the Administrator to address the identified causes of service difficulties.
(4)
Violations of title 14, Code of Federal Regulations, and what, if any, action the FAA took in response to a violation, including any actions set forth in FAA Order 2150.3C, FAA Compliance and Enforcement Program w/Changes 1-10 (issued September 18, 2018) (or any subsequent revisions of such Order).
308.

Accountability and compliance
(a)

In general
Section 44704(a)(1) of title 49, United States Code, is amended by adding at the end the following: “When an applicant submits design data to the Administrator for a finding of compliance as part of an application for a type certificate, the applicant shall certify to the Administrator that the submitted design data demonstrates compliance with the applicable airworthiness standards or that any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety as agreed upon by the Administrator.”
(b)

Report to Congress
Not later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the implementation of the certification required by the amendment made by subsection (a).
309.

Accountability for aircraft registration numbers
The Administrator shall review the process of reserving aircraft registration numbers and implement appropriate changes to ensure the fair participation by the general public, including the implementation of readily available software to prevent any computer auto-fill systems from reserving aircraft registration numbers in bulk.
310.

Aircraft registration
(a)

In general
Chapter 441 of title 49, United States Code, is amended by adding at the end the following new section:
“44114.

Reregistration of aircraft
If an application for reregistration of an aircraft is filed before the date on which the aircraft’s registration expires, the aircraft may continue to be operated after the expiration of the 90-day period following the date on which the owner of the aircraft filed such reregistration application (without regard for whether the Administrator has received such reregistration application), provided that—
(1)
any operator of the aircraft has evidence aboard the aircraft that the owner of the aircraft filed the reregistration application with the Administrator not less than 90 days previously; and
(2)
the Administrator has not rejected such reregistration application.”.
(b)

Effective date
The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this section.
(c)

Clerical amendment
The analysis for chapter 441 of such title is amended by inserting after the item relating to section 44113 the following:
“44114. Reregistration of aircraft.”.
311.

FAA oversight of repair stations located outside the United States
(a)

In general
Section 44733 of title 49, United States Code, is amended—
(1)
in the section heading by striking “Inspection” and inserting “Oversight”;
(2)
in subsection (e)—
(A)
in the first sentence—
(i)
by inserting “, without prior notice to such repair stations,” after “annually”; and
(ii)
by inserting “and the applicable laws of the country in which a repair station is located” after “international agreements”; and
(B)
by striking the second sentence and inserting “The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and with the applicable laws of the country in which a repair station is located.”;
(3)
by redesignating subsection (g) as subsection (i); and
(4)
by inserting after subsection (f) the following:
“(g)

Data analysis
(1)

In general
An air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, shall, if applicable, provide to the appropriate office of the Administration, not less than once every year, a report containing the information described in paragraph (2) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed in the preceding year.
(2)

Information required
A report under paragraph (1) shall contain the following information:
(A)
The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) was performed outside the United States.
(B)
A description of the work performed at each such location.
(C)
The date of completion of the work performed at each such location.
(D)
If applicable, a list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier within 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that—
(i)
requires corrective action after the aircraft is approved for return to service; and
(ii)
results from the work performed on such aircraft.
(E)
The certificate number of the person approving such aircraft or on-wing aircraft engine, for return to service following completion of the work performed at each such location.
(3)

Analysis
The Administrator of the Federal Aviation Administration shall—
(A)
analyze information made available under paragraph (1) of this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions, to detect safety issues associated with heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States; and
(B)
require appropriate actions in response.
(4)

Confidentiality
Information made available under paragraph (1) shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123.
(h)

Minimum qualifications for mechanics and others working on U.S. registered aircraft
(1)

In general
Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station—
(A)
all supervisory personnel are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and
(B)
all personnel authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator.
(2)

Available for consultation
Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require any individual who is responsible for approving an article for return to service or who is directly in charge of aircraft (including on-wing aircraft engine) maintenance performed on aircraft operated under part 121 of title 14, Code of Federal Regulations, be available for consultation while work is being performed at a covered repair station.”.
(b)

Definition of covered repair station
(1)

In general
Section 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended—
(A)
by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and
(B)
by inserting before paragraph (2), as so redesignated, the following:
“(1)

Covered repair station
The term covered repair station means a facility that—
(A)
is located outside the United States;
(B)
is certificated under part 145 of title 14, Code of Federal Regulations; and
(C)
performs heavy maintenance work on aircraft (including on-wing aircraft engines) operated under part 121 of title 14, Code of Federal Regulations.”.
(2)

Technical amendment
Section 44733(a)(3) of title 49, United States Code, is amended by striking “covered part 145 repair stations” and inserting “part 145 repair stations”.
(c)

Clerical amendments
The analysis for chapter 447 of title 49, United States Code, is amended by striking the item relating to section 44733 and inserting the following:
“44733. Oversight of repair stations located outside the United States.”.
312.

Alcohol and drug testing and background checks
(a)

In general
Subject to subsection (c), beginning on the date that is 2 years after the date of enactment of this section, the Administrator may not approve or authorize international travel for any employee of the FAA until a final rule carrying out the requirements of subsection (b) of section 2112 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44733 note) has been published in the Federal Register.
(b)

Rulemaking on assessment requirement
With respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title.
(c)

Exceptions
The prohibition in subsection (a) shall not apply to international travel that is determined by the Administrator on an individual-by-individual basis to be—
(1)
exclusively for the purpose of conducting a safety inspection;
(2)
directly related to aviation safety standards, certification, and oversight; or
(3)
vital to the national interests of the United States.
(d)

Definition of covered repair station
For purposes of this section, the term covered repair station means a facility that—
(1)
is located outside the United States;
(2)
is certificated under part 145 of title 14, Code of Federal Regulations; and
(3)
performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.
313.

Continuous aircraft tracking and transmission for high altitude balloons
(a)

Aviation Rulemaking Committee
(1)

In general
Not later than 180 days after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review and develop findings and recommendations regarding a standard that any high altitude balloon be equipped with a system for continuous aircraft tracking that shall transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner which is accessible to air traffic controllers, aircraft, and other users of the National Airspace System.
(2)

Composition
The Committee shall consist of members appointed by the Administrator, including the following:
(A)
Representatives of industry.
(B)
Aviation safety experts with specific knowledge of high altitude balloon operations.
(C)
Representatives of the Department of Defense.
(D)
Representatives of Federal agencies that conduct high altitude balloon operations.
(3)

Report
Not later than 18 months after the date of enactment of this section, the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee described in paragraph (1). Such report shall include recommendations regarding the following:
(A)
How to update sections 91.215, 91.225, and 99.13 of title 14, Code of Federal Regulations, to require any high altitude balloons to have a continuous aircraft tracking and transmission system.
(B)
Any necessary updates to the requirements for unmanned free balloons under subpart D of part 101 of title 14, Code of Federal Regulations.
(C)
Any necessary updates to other FAA regulations or requirements deemed appropriate and necessary by the Administrator to—
(i)
ensure any high altitude balloon has a continuous aircraft tracking and transmission system
(ii)
ensure all data relating to the altitude, location, and identity of any high altitude balloon is made available to air traffic controllers, aircraft, and other users of the National Airspace System; and
(iii)
maintain airspace safety.
(b)

Rulemaking and other requirements
Not later than 180 days after the date on which the Committee submits the report under subsection (a)(3), the Administrator shall—
(1)
issue a notice of proposed rulemaking to require a continuous aircraft tracking and transmission system for any high altitude balloon, in accordance with the recommendations of the Committee; and
(2)
coordinate with foreign authorities (including bilateral partners and the International Civil Aviation Organization (ICAO)) to develop continuous aircraft tracking and transmission system standards for any high altitude balloon operating outside of the National Airspace System.
(c)

Interim standard
During the period beginning on the date that is 2 years after the date of enactment of this section and ending on the date on which the Administrator issues a notice of proposed rulemaking under subsection (b)(1), a person may only operate a high altitude balloon if such balloon meets the requirements described in section 91.215(b) of title 14, Code of Federal Regulations, notwithstanding the exemption provided in subsection (e)(1) of such section 91.215.
(d)

Reports to Congress
Not later than 6 months after the date of enactment of this section, and every 6 months thereafter until the Administrator promulgates a final rule under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on the status of the rulemaking and other requirements being developed under such subsection.
(e)

Definitions
In this section:
(1)

Appropriate committees of Congress
The term appropriate committees of Congress means—
(A)
the Committee on Commerce, Science, and Transportation of the Senate;
(B)
the Committee on Appropriations of the Senate;
(C)
the Committee on Transportation and Infrastructure of the House of Representatives; and
(D)
the Committee on Appropriations of the House of Representatives.
(2)

High altitude balloon
The term high altitude balloon means a manned or unmanned free balloon operating not less than 10,000 feet above sea level.
314.

International engagement
(a)

Plan
(1)

In general
The Administrator shall develop and implement a plan to enhance United States’ leadership in aviation safety and policy.
(2)

Contents of plan
The plan required under paragraph (1) shall include, at minimum, the following:
(A)
Measures to advance international cooperation related to—
(i)
approval of new safety-enhancing technologies and aeronautical products;
(ii)
development of regulatory policy and plans related to advanced air mobility concepts;
(iii)
innovation in the general aviation sector;
(iv)
further integration of uncrewed aircraft systems and advanced air mobility aircraft and operators; and
(v)
development of international standards and best practices for enhancing aviation safety consistent with United States policy and objectives.
(B)
Initiatives to attain greater expertise among employees of the FAA on issues related to dispute resolution, intellectual property, and export control laws.
(C)
Policy regarding the future direction and strategy of United States engagement with the International Civil Aviation Organization and bilateral partner countries, including the secondment of subject matter experts.
(D)
Procedures for acceptance of mandatory continuing airworthiness information, such as airworthiness directives and other safety-related regulatory documents, consistent with section 44701(e)(5) of title 49, United States Code.
(E)
Measures to align the FAA's technical assistance to foreign civil aviation regulators, taking into account, among other factors, with respect to each such foreign regulator, the particular aeronautical products for which the United States is the State of Design in operation in the State of such regulator’s jurisdiction.
(F)
Measures, such as funding and the hiring of additional FAA personnel, necessary for the FAA to fully participate in global and bilateral activities related to aviation safety.
(G)
Measures to facilitate and expand the FAA’s international programs, training, and technical assistance to foreign civil aviation authorities in order to—
(i)
strengthen aviation safety oversight;
(ii)
meet the United Nations International Civil Aviation Organization standards; and
(iii)
further United States policy and objectives.
(H)
Initiatives to further develop and establish the FAA’s foreign offices in strategic regions, particularly Africa and Asia-Pacific, in order to support the FAA’s international mission to promote a safe, secure, seamless, and sustainable global aerospace system.
(b)

Public availability of plan
Not later than 210 days after the date of enactment of this Act, the Administrator shall make the plan developed under subsection (a) available on the internet website of the FAA.
(c)

Submission to Congress
(1)

Plan
Not later than 210 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a copy of the plan developed under subsection (a).
(2)

Updates on implementation
Not later than 1 year after the submission of the plan under paragraph (1), and annually thereafter through 2028, the Administrator shall submit to the appropriate committees of Congress a report on the activities the FAA is conducting in order to implement such plan.
(d)

International travel
The Administrator, or the Administrator’s designee, may authorize international travel for any FAA employee, without the approval of any other person or office, for the purpose of—
(1)
promotion of aviation safety and other relevant aviation standards;
(2)
providing support for expedited acceptance of FAA design and production approvals by other civil aviation authorities;
(3)
facilitation of adoption of United States approaches on standards and recommended practices at the International Civil Aviation Organization; or
(4)
providing support for technical assistance and training by the FAA.
315.

Air tour and sport parachuting safety
(a)

Safety management system requirements for certain operators
Not later than 24 months after the date of enactment of this section, the Administrator shall issue a final rule requiring each person holding a certificate under part 119 of title 14, Code of Federal Regulations, and authorized to conduct operations in accordance with the provisions of part 135 of title 14, Code of Federal Regulations, to implement a safety management system, as appropriate for the operations.
(b)

Other safety requirements for commercial operators
(1)

Safety reforms
(A)

Authority to conduct nonstop commercial air tours
(i)

In general
Subject to clauses (ii) and (iii), beginning on the date that is 3 years after the date of enactment of this section, no person may conduct commercial air tours unless that person—
(I)
holds a certificate identifying the person as an air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations; and
(II)
conducts all commercial air tours under the applicable provisions of part 121 or part 135 of title 14, Code of Federal Regulations.
(ii)

Small business exception
The provisions of clause (i) shall not apply to a person who conducts 50 or fewer commercial air tours in a year.
(iii)

Temporary exception
Notwithstanding the requirements of clause (i), for a period of 5 years after the date described in clause (i), a person who holds a letter of authorization issued by the Administrator to conduct nonstop commercial air tours under section 91.147 of title 14, Code of Federal Regulations, may continue to conduct nonstop commercial air tours under such letter of authorization so long as the person—
(I)
as of the date of enactment of this section, has submitted (or not later than 18 months after such date of enactment, submits) an application to the Administrator for an air carrier certificate under part 119, Code of Federal Regulations; and
(II)
has not been issued such part 119 certificate or received a denial of the application submitted under subclause (I).
(iv)

Reporting required
Beginning on the date that is 3 years after the date of enactment, and every 12 months thereafter, each person that conducts commercial air tours (including any person excluded from the certificate requirement under clause (ii) or (iii)) shall report to the Administrator the total number of commercial air tours that person conducted during the previous 12 months.
(v)

Other terms
The Administrator shall—
(I)
revise title 14, Code of Federal Regulations, to include definitions for the terms aerial work and aerial photography that are limited to aerial operations performed for compensation or hire with an approved operating certificate; and
(II)
to the extent necessary, revise section 119.1(e)(4)(iii) of title 14, Code of Federal Regulations, to conform with the requirements of such definitions.
(B)

Additional safety requirements
Not later than 3 years after the date of enactment of this section, the Administrator shall issue new or revised regulations that shall require all certificated commercial air tour operators to ensure that the doors of the airplane or helicopter used for such tour remain closed during the period of the tour in which the airplane or helicopter is airborne, except for those conducting parachute operations, and incorporate avoidance training for controlled flight into terrain and in-flight loss of control into the training program required under part 121 or 135 of title 14, Code of Federal Regulations, as applicable. The training shall address reducing the risk of accidents involving unintentional flight into instrument meteorological conditions to address day, night, and low visibility environments with special attention paid to research available as of the date of enactment of this section on human factors issues involved in such accidents, including but not limited to—
(i)
specific terrain, weather, and infrastructure challenges relevant in the local operating environment that increase the risk of such accidents;
(ii)
pilot decision-making relevant to the avoidance of instrument meteorological conditions while operating under visual flight rules;
(iii)
use of terrain awareness displays;
(iv)
spatial disorientation risk factors and countermeasures; and
(v)
strategies for maintaining control, including the use of automated systems.
(2)

Aviation rulemaking committee
(A)

In general
The Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform—
(i)
establishing a performance-based standard for flight data monitoring for all commercial air tour operators that reviews all available data sources to identify deviations from established areas of operation and potential safety issues;
(ii)
requiring all commercial air tour operators to install flight data recording devices capable of supporting collection and dissemination of the data incorporated in the Flight Operational Quality Assurance Program (or, if an aircraft cannot be retrofitted with such equipment, requiring the commercial air tour operator for such aircraft to collect and maintain flight data through alternative methods);
(iii)
requiring all commercial air tour operators to implement a flight data monitoring program, such as a Flight Operational Quality Assurance Program;
(iv)
establishing methods to provide effective terrain awareness and warning; and
(v)
establishing methods to provide effective traffic avoidance in identified high-traffic tour areas, such as requiring air tour operators that operate within those areas be equipped with an Automatic Dependent Surveillance-Broadcast Out- and In-supported traffic advisory system that—
(I)
includes both visual and aural alerts;
(II)
is driven by an algorithm designed to eliminate nuisance alerts; and
(III)
is operational during all flight operations.
(B)

Membership
The aviation rulemaking committee shall consist of members appointed by the Administrator, including—
(i)
representatives of industry, including manufacturers of aircraft and aircraft technologies;
(ii)
representatives of aviation operator organizations; and
(iii)
aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 of title 14, Code of Federal Regulations.
(C)

Duties
(i)

In general
The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in clauses (i) through (v) of subparagraph (A).
(ii)

Considerations
In carrying out its duties under clause (i), the Administrator shall direct the aviation rulemaking committee to consider—
(I)
recommendations of the National Transportation Safety Board;
(II)
recommendations of previous aviation rulemaking committees that reviewed flight data monitoring program requirements on part 135 commercial operators;
(III)
recommendations from industry safety organizations, including but not limited to the Vertical Aviation Safety Team (VAST), the General Aviation Joint Safety Committee, and the United States Helicopter Safety Team (USHST);
(IV)
scientific data derived from a broad range of flight data recording technologies capable of continuously transmitting and that support a measurable and viable means of assessing data to identify and correct hazardous trends;
(V)
appropriate use of data for modifying behavior to prevent accidents;
(VI)
the need to accommodate technological advancements in flight data recording technology;
(VII)
data gathered from aviation safety reporting programs;
(VIII)
appropriate methods to provide effective terrain awareness and warning system (TAWS) protections while mitigating nuisance alerts for aircraft;
(IX)
the need to accommodate the diversity of airworthiness standards under part 27 and part 29 of title 14, Code of Federal Regulations;
(X)
the need to accommodate diversity of operations and mission sets;
(XI)
benefits of third-party data analysis for large and small operations;
(XII)
accommodations necessary for small businesses; and
(XIII)
other issues as necessary.
(D)

Reports and regulations
The Administrator shall—
(i)
not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee;
(ii)
not later than 12 months after the date of submission of the report under clause (i), and after consideration of the recommendations of the aviation rulemaking committee, issue an intent to proceed with proposed rulemakings regarding each of the matters specified in clauses (i) through (v) of subparagraph (A); and
(iii)
not later than 3 years after the date of enactment of this section, issue a final rule with respect to each of the matters specified in such clauses of subparagraph (A).
(c)

Expedited process for obtaining operating certificates
(1)

In general
The Administrator shall implement procedures to improve the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations.
(2)

Considerations
In carrying out paragraph (1), beginning on the date that is 18 months after the date of enactment of this section, the Administrator shall give priority consideration to operators that must obtain a certificate in accordance with subsection (b)(1)(A).
(3)

Report required
Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report describing—
(A)
how the procedures implemented under paragraph (1) will increase the efficiency of the process for obtaining operating certificates under part 119 of title 14, Code of Federal Regulations, and, if applicable, certificates authorizing operations under part 135 of such title;
(B)
how considerations under paragraph (2) will be incorporated into procedures implemented under paragraph (1); and
(C)
any additional resources required to implement procedures under paragraph (1).
(4)

Additional reports required
Not later than 3 years after the date of enactment of this section, and annually thereafter the Administrator shall submit a report to the appropriate committees of Congress that—
(A)
includes—
(i)
data on certification approvals and denials; and
(ii)
data on duration of key phases of the certification process; and
(B)
identifies certification policies in need of reform or repeal.
(d)

Safety requirements for sport parachute operations
(1)

Aviation rulemaking committee
The Administrator, shall convene an aviation rulemaking committee to review and develop findings and recommendations to inform—
(A)
rulemaking governing parachute operations conducted in the United States that are subject to the requirements of part 105 of title 14, Code of Federal Regulations, to address—
(i)
Federal Aviation Administration-approved aircraft maintenance and inspection programs that consider, at a minimum, requirements for compliance with engine manufacturers’ recommended maintenance instructions, such as service bulletins and service information letters for time between overhauls and component life limits;
(ii)
initial and annual recurrent pilot proficiency checking programs for pilots conducting parachute operations that address, at a minimum, operation- and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown; and
(iii)
initial and annual recurrent pilot review programs for parachute operations pilots that address, at a minimum, operation-specific and aircraft-specific weight and balance calculations, preflight inspections, emergency and recovery procedures, and parachutist egress procedures for each type of aircraft flown, as well as competency flight checks to determine pilot competence in practical skills and techniques in each type of aircraft;
(B)
the revision of guidance material contained in Advisory Circular 105–2E (relating to sport parachute jumping), to include guidance for parachute operations in implementing the Federal Aviation Administration-approved aircraft maintenance and inspection program and the pilot training and pilot proficiency checking programs required under any new or revised regulations issued in accordance with paragraph (1); and
(C)
the revision of guidance materials issued in Order 8900.1 entitled “Flight Standards Information Management System”, to include guidance for Federal Aviation Administration inspectors who oversee part 91 of title 14 Code of Federal Regulations, operations conducted under any of the exceptions specified in section 119.1(e) of title 14, Code of Federal Regulations, which include parachute operations.
(2)

Membership
The aviation rulemaking committee under paragraph (1) shall consist of members appointed by the Administrator, including—
(A)
representatives of industry, including manufacturers of aircraft and aircraft technologies;
(B)
representatives of parachute operator organizations; and
(C)
aviation safety experts with specific knowledge of safety management systems and flight data monitoring programs under part 135 and part 105 of title 14, Code of Federal Regulations.
(3)

Duties
(A)

In general
The Administrator shall direct the aviation rulemaking committee to make findings and submit recommendations regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1).
(B)

Considerations
In carrying out its duties under subparagraph (A), the Administrator shall direct the aviation rulemaking committee to consider—
(i)
findings and recommendations of the National Transportation Safety Board generally as relevant and specifically those related to parachute operations, including the June 21, 2019, incident in Mokuleia, Hawaii;
(ii)
recommendations of previous aviation rulemaking committees that considered similar issues;
(iii)
recommendations from industry safety organizations, including, but not limited to, the United States Parachute Association;
(iv)
appropriate use of data for modifying behavior to prevent accidents;
(v)
data gathered from aviation safety reporting programs;
(vi)
the need to accommodate diversity of operations and mission sets;
(vii)
accommodations necessary for small businesses; and
(viii)
other issues as necessary.
(4)

Reports and regulations
The Administrator shall—
(A)
not later than 20 months after the date of enactment of this section, submit to the appropriate committees of Congress a report based on the findings of the aviation rulemaking committee;
(B)
not later than 12 months after the date of submission of the report under subparagraph (A), and after consideration of the recommendations of the aviation rulemaking committee, issue, as necessary, an intent to proceed with proposed rulemakings regarding each of the matters specified in subparagraphs (A) through (C) of paragraph (1); and
(C)
not later than 3 years after the date of enactment of this section, issue, as necessary, a final rule with respect to each of the matters specified in such subparagraphs of paragraph (1).
(e)

Definitions
In this section:
(1)

Air carrier
The term air carrier has the meaning given that term in section 40102 of title 49, United States Code.
(2)

Commercial air tour
The term commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing.
(3)

Commercial air tour operator
The term commercial air tour operator means any person who conducts a commercial air tour.
(4)

Parachute operation
The term parachute operation has the meaning given that term in section 105.3 of title 14, Code of Federal Regulations (or any successor regulation).
316.

International aviation safety assessment program
Section 44701 of title 49, United States Code, is amended by adding at the end the following:
“(g)

Aviation safety oversight measures carried out by foreign countries
(1)

Assessment
(A)

In general
At intervals the Administrator considers necessary in the interests of safety, the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, shall assess the effectiveness of the aviation safety oversight measures carried out by a foreign country—
(i)
from which a foreign air carrier serves the United States;
(ii)
from which a foreign air carrier seeks to serve the United States;
(iii)
whose air carriers code-share with a United States air carrier; or
(iv)
as the Administrator considers appropriate.
(B)

Requirements
In conducting an assessment under subparagraph (A), the Administrator shall—
(i)
consult with the appropriate authorities of the government of the foreign country concerned;
(ii)
determine the extent to which such country effectively maintains and carries out its aviation safety oversight measures pursuant to the Convention on International Civil Aviation (in this section referred to as the “Chicago Convention”); and
(iii)
use a standard that will result in an analysis of the aviation safety oversight measures carried out by such country based on the minimum standards contained in Annexes 1, 6, and 8 to the Chicago Convention in effect on the date of the assessment.
(C)

Non-compliance findings
(i)

In general
When the assessment required by this subsection identifies areas of non-compliance to the safety oversight measures in the Chicago Convention, the Administrator shall conduct final discussions with the foreign country within 90 days of the assessment to determine whether the non-compliance findings have been corrected and the foreign country is now in compliance with the applicable international standards for effective aviation safety oversight.
(ii)

Correction
If the Administrator determines that the foreign country has corrected identified area of non-compliance by the close of final discussions, the Federal Aviation Administration will issue or continue to issue operations specifications to the foreign operator to enable the United States air service or to the United States operator if the foreign operator is to carry its airline code.
(iii)

Non-correction
If the Administrator determines that the foreign country has not has corrected identified area of non-compliance by the close of final discussions—
(I)
immediate notification will be made to the Secretary of Transportation and the Secretary of State, that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country; and
(II)
notwithstanding section 40105(b), the Administrator, after consulting with the appropriate civil aviation authority of the foreign country concerned and notification to the Secretary of Transportation and the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of a foreign air carrier that provides foreign air transportation.
(D)

Authority
Notwithstanding subparagraphs (B) and (C), the Administrator retains the ability to initiate immediate safety oversight action when justified based on available safety information.
(2)

Notification
At the conclusion of the international aviation safety assessment process, the Administrator, after advising the Secretary of Transportation and the Secretary of State, shall inform the foreign country of the determination regarding its compliance to ICAO standards. The determination shall—
(A)
for foreign countries determined to be compliant in ICAO standards, state that no further action is needed; and
(B)
for foreign countries determined to be non-compliant in ICAO standards, recommend the actions necessary to bring the aviation safety oversight measures carried out by that country into compliance with the international standards contained in the Chicago Convention, as used by the Federal Aviation Administration in making the assessment.
(3)

Failure to maintain and carry out standards
(A)

In general
Subject to subparagraph (B), if the Administrator determines that a foreign country does not maintain and carry out effective aviation safety oversight measures, the Administrator shall—
(i)
notify the appropriate authorities of the government of the foreign country consistent with paragraph (2);
(ii)
publish the identity of the foreign country on the Federal Aviation Administration website, in the Federal Register, and through other mediums to provide notice to the public;
(iii)
transmit the identity of the foreign country to the Secretary of State to inform the relevant travel advisories; and
(iv)
provide the identity of the foreign country and any critical safety information resulting from the assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(B)

Immediate exercise of authority
(i)

In general
The Administrator may immediately exercise authority under subparagraph (A) if the Administrator, in consultation with the Secretary of Transportation and the Secretary of State, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from the foreign country.
(ii)

Notification to the Secretary of State
The Administrator shall immediately notify the Secretary of State of a determination under clause (i) so that the Secretary of State may issue a travel advisory with respect to the foreign country.
(4)

Accuracy of the IASA list
To meet the need for the public to have timely and accurate information about the aviation safety oversight of foreign countries, the Administrator shall regularly review the activity of foreign air carriers serving the United States and carrying the code of a United States air carrier. Countries with no such operations for an extended period of time, as determined by the Administrator, will be removed from the public listings for inactivity, after advisement with the Secretary of Transportation and the Secretary of State.
(5)

Training
The Federal Aviation Administration shall use data, tools, and methods in order to ensure transparency and repeatable results of the assessments conducted under this subsection. The Federal Aviation Administration shall ensure that Federal Aviation Administration personnel are properly and adequately trained to carry out the assessments set forth in this subsection, including with respect to ICAO standards and their implementation by foreign countries.
(6)

Report to Congress
Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the assessments conducted under this subsection, including the results of any corrective action period.”.
317.

Changed product rule reform
(a)

In general
Not later than 1 year after the date of enactment of this section, the Administrator shall issue a notice of proposed rulemaking to revise section 21.101 of title 14, Code of Federal Regulations, to achieve the following objectives:
(1)
For any significant design change, as determined by the Administrator, to require that any exception from the requirement to comply with the latest amendments of the applicable airworthiness standards in effect on the date of application for the change be approved only after providing public notice and opportunity to comment on such exception.
(2)
To ensure appropriate documentation of any exception or exemption from airworthiness requirements codified in title 14, Code of Federal Regulations, as in effect on the date of application for the change.
(b)

Congressional briefing
Not later than 1 year after the date of enactment of this section, the Administrator shall provide to the appropriate committees of Congress a briefing on the FAA's implementation of the recommendations of the Changed Product Rule International Authorities Working Group, established under Section 117 of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44704 note), including recommendations on harmonized changes and reforms regarding the impractical exception.
318.

Development of low-cost voluntary ADS-B
(a)

In general
Not later than 24 months after the date of enactment of this section, the Administrator, working with representatives from industry groups, including pilots, aircraft owners, avionics manufacturers, and any others deemed necessary to offer technical expertise, shall develop a report regarding the development of a suitable position reporting system for voluntary use in airspace not mandated for Automatic Dependent Surveillance-Broadcast Out equipment and use (in this section referred to as ADS–B Out) by section 91.225 of title 14, Code of Federal Regulations, to facilitate traffic awareness.
(b)

Requirements
The report developed under subsection (a) shall—
(1)
research and catalog equipment, standards, and systems (including international) relating to ADS-B Out available as of the date on which the report is submitted under subsection (c);
(2)
address strengths and weaknesses of the such equipment, standards and systems, including with respect to costs;
(3)
outline potential regulatory and procedural changes that may need to be undertaken by the FAA and other government entities, as well as equipment, standards, and systems that may need to be developed and required, to enable the development and voluntary use of equipment (existing or new) that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out;
(4)
determine market size, development costs, and barriers that may need to be overcome for the development of technology that enables the use of portable, and installed, low cost position reporting in airspace not mandated for ADS-B Out; and
(5)
include a communication strategy that is targeted towards potential users and promotes the benefits of the position reporting solutions to enhance traffic awareness for voluntary use in airspace not mandated for ADS-B Out, when such technology is available for commercial use.
(c)

Report to congress
Not later than 30 day after the date on which the report developed under subsection (a) is finalized, the Administrator shall submit the report to the appropriate committees of Congress.
319.

Public aircraft flight time logging eligibility
(a)

Forestry and fire protection flight time logging
(1)

In general
Notwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency.
(2)

Retroactive application
Paragraph (1) shall be applied as if enacted on October 8, 2018.
(b)

Regulations
Not later than 180 days after the date of enactment of this section, the Administrator shall make such regulatory changes as are necessary as a result of the enactment of subsection (a).
320.

Safety management systems
(a)

Finding
Congress finds that on January 11, 2023, the FAA released a notice of proposed rulemaking to update and expand the requirements for safety management systems.
(b)
As the FAA reviews comments to the notice of proposed rulemaking described in subsection (a) and drafts the final rule, the Administrator shall ensure that safety management systems program requirements can be appropriately scaled to the size and complexity of each operator.
321.

Aviation safety information analysis and sharing program
Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress, a report on the FAA's progress with respect to the Aviation Safety Information Analysis and Sharing (ASIAS) program that—
(1)
describes the phased approach the FAA is following to construct the ASIAS system;
(2)
describes the efforts of the FAA to secure increased safety data from—
(A)
commercial air carriers;
(B)
general aviation operators;
(C)
helicopter operators;
(D)
unmanned aircraft system operators; and
(E)
other aircraft operators; and
(3)
provides a summary of the efforts of the FAA to address gaps in safety data provided from any of the classes of operators described in paragraph (2).
322.

Consistent and timely pilot checks for air carriers
(a)

Establishment of working group
Not later than 180 days after the date of enactment of this section, subject to subsection (b)(2), the Administrator shall establish a working group for purposes of reviewing, evaluating, and making recommendations on check pilot functions for air carriers operating under part 135 of title 14, Code of Federal Regulations.
(b)

Membership
(1)

In general
The working group required by this section shall include—
(A)
employees of the FAA who serve as check pilots (as described in section 91.1089 of title 14, Code of Federal Regulations);
(B)
representatives of air carriers operating under such part 135; and
(C)
industry associations representing such air carriers.
(2)

Existing working group
The Administrator may assign the duties of the working group described in subsection (c) to an existing FAA working group if—
(A)
the membership of the existing working group includes the members required under paragraph (1); or
(B)
the members required under paragraph (1) are added to the membership of the existing working group.
(c)

Duties
The working group shall review, evaluate, and make recommendations on the following:
(1)
Methods for approving check pilots for air carriers operating under such part 135.
(2)
Actions required to ensure such air carriers are authorized an adequate number of check pilots to enable timely occurrence of pilot checks.
(3)
Differences in qualification standards applied to—
(A)
employees of the FAA who serve as check pilots; and
(B)
check pilots of an authorized air carrier.
(4)
Methods to standardize the qualification standards for check pilots, including check pilots who are employees of the FAA and or of an authorized air carrier.
(5)
Methods to improve the training and qualification of check pilots.
(6)
Prior recommendations made by FAA advisory committees or working groups regarding check pilot functions.
(7)
Petitions for rulemaking submitted to the FAA regarding check pilot functions.
(d)

Briefing to Congress
Not later than 1 year after than the date on which the Administrator establishes the working group under subsection (a) (or tasks an existing FAA working group under subsection (b)(2) with the duties described in subsection (c)), the Administrator shall brief the appropriate committees of Congress on the progress and recommendations of the working group, as well as the Administrator's efforts to implement such recommendations.
323.

Enhancing processes for authorizing aircraft for service in commuter and on demand operations
(a)

Establishment of working group
Not later than 180 days after the date of enactment of this section, the Administrator shall establish a Part 135 Aircraft Conformity Working Group (in this section referred to as the Working Group). The Working Group shall study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes for existing part 135 air carriers and operators in a timely manner and entering those aircraft into service.
(b)

Membership
The Working Group shall be comprised of representatives of the FAA, existing part 135 air carriers and operators, and associations or trade groups representing such class of air carriers or operators.
(c)

Duties
The Working Group shall consider all aspects of the current FAA processes for ensuring aircraft conformity and make recommendations to enhance those processes, including with respect to—
(1)
methodologies for air carriers and operators to document and attest to aircraft conformity in accordance with the requirements of part 135;
(2)
streamlined protocols for part 135 operators to add an aircraft that was listed on another part 135 certificate immediately prior to moving to the new air carrier; and
(3)
changes to FAA policy and documentation necessary to implement the recommendations of the Working Group.
(d)

Congressional briefing
Not later than 1 year after the date on which the Administrator establishes the Working Group, the Administrator shall brief the appropriate committees of Congress on the progress made by the Working Group in carrying out the duties specified in subsection (c), recommendations of the Working Group, and the Administrator's efforts to implement such recommendations.
(e)

Definition of part 135
In this section the term part 135 means part 135 of title 14, Code of Federal Regulations.
324.

Tower marking compliance
(a)

In general
Not later than 180 days after the date of enactment of this section, the Administrator shall provide a briefing to the appropriate committees of Congress on implementation of the requirements of section 2110 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note) (as amended by section 576 of the FAA Reauthorization Act of 2018 (Public Law 115–254, 132 Stat. 3391)).
(b)

Requirements
The briefing required by subsection (a) shall include the following:
(1)
A description of, and timeframe for, the Administrator’s development of requirements to file notice of construction of meteorological evaluation towers and other renewable energy projects under the notice of proposed rulemaking RIN 2120-AK77.
(2)
A description of the FAA’s use of existing publicly accessible databases to collect and make available information about certain structures that are required to, or voluntarily, file notice with the FAA.
(3)
For the period beginning on July 15, 2016, and ending on the date the briefing required by subsection (a) is provided, a list of aircraft accidents during such period that are associated with covered towers (as such term is defined in section 2110(b)(1)(A) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44718 note) that are not marked in accordance with applicable guidance in the advisory circular of the FAA issued December 4, 2015 (AC 70/7460-IL).
325.

Administrative authority for civil penalties
Section 46301(d) of title 49, United States Code, is amended—
(1)
in paragraph (4), by striking subparagraph (A) and inserting the following:
“(A)
the amount in controversy is more than—
(i)
$400,000 if the violation was committed by any person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2023;
(ii)
$50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2023;
(iii)
$10,000,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023;
(iv)
$250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2023; or
(v)
$2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023;”;
(2)
by striking paragraph (8) and inserting the following:
“(8)
The maximum civil penalty the Administrator of the Transportation Security Administration, Administrator of the Federal Aviation Administration, or Board may impose under this subsection is—
(A)
$400,000 if the violation was committed by a person other than an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2023;
(B)
$50,000 if the violation was committed by an individual or small business concern before the date of enactment of the FAA Reauthorization Act of 2023;
(C)
$10,000,000 if the violation was committed by a person other than an individual or small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023;
(D)
$250,000 if the violation was committed by an individual on or after the date of enactment of the FAA Reauthorization Act of 2023; or
(E)
$2,500,000 if the violation was committed by a small business concern on or after the date of enactment of the FAA Reauthorization Act of 2023.”; and
(3)
by adding at the end the following:
“(10)
The maximum amounts authorized in clauses (iii) through (v) of paragraph (4)(A) and in subparagraphs (C) through (E) of paragraph (8) of this subsection shall be adjusted for inflation no less frequently than every 5 years.”.
326.

Civil penalties for whistleblower protection program violations
Section 46301(d)(2) of title 49, United States Code, is amended by inserting “subchapter III of chapter 421,” before “chapter 441”.
327.

Flight service stations
(a)

Repeal
Section 44514 of title 49, United States Code, and the item relating to that section in the analysis for chapter 445 of such title 49 are repealed.
(b)

Conforming amendment
Section 106(g)(1)(D) of title 49, United States Code, is amended by striking “44514,”.
328.

Technical assistance agreements
Section 40104(b) of title 49, United States Code, is amended by adding at the end the following new paragraphs:
“(3)

State-to-State agreements
The Administrator shall promote efficient delivery of bilateral and multilateral engagement and technical assistance by waiving the requirement for State-to-State agreements for the provision of technical assistance and training if the Administrator determines that—
(A)
a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and
(B)
the engagement is to provide inherently governmental technical assistance and training.
(4)

Definition
In this subsection, the term inherently governmental technical assistance and training means technical assistance and training that—
(A)
relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;
(B)
must be accomplished using agency expertise and authority; and
(C)
relates to—
(i)
international aviation safety assessment technical reviews and technical assistance;
(ii)
aerodrome safety and certification;
(iii)
aviation system certification activities based on Federal Aviation Administration regulations and requirements;
(iv)
cybersecurity efforts to protect United States aviation ecosystem components and facilities;
(v)
operation and maintenance of air navigation system equipment, procedures, and personnel; or
(vi)
related training and exercises in support of aviation safety, efficiency, and security.”.
329.

Restoration of authority
(a)

In general
Chapter 401 of title 49, United States Code, is amended by inserting after section 40118 the following:
“40119.

Security and research and development activities
(a)

General requirements
The Administrator of the Federal Aviation Administration shall conduct research (including behavioral research) and development activities appropriate to develop, modify, test, and evaluate a system, procedure, facility, or device to protect passengers and property against acts of criminal violence, aircraft piracy, and terrorism and to ensure security.
(b)

Disclosure
(1)

Regulations prohibiting disclosure
Notwithstanding the establishment of a Department of Homeland Security, the Secretary of Transportation, in accordance with section 552(b)(3)(B) of title 5, United States Code, shall prescribe regulations prohibiting disclosure of information obtained or developed in ensuring security under this title if the Secretary of Transportation decides disclosing the information would—
(A)
be an unwarranted invasion of personal privacy;
(B)
reveal a trade secret or privileged or confidential commercial or financial information; or
(C)
be detrimental to transportation safety.
(2)

Disclosure to Congress
Paragraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information.
(3)

Sensitive security information
Nothing in paragraph (1) shall be construed to authorize the designation of information as sensitive security information (as defined in section 15.5 of title 49, Code of Federal Regulations)—
(A)
to conceal a violation of law, inefficiency, or administrative error;
(B)
to prevent embarrassment to a person, organization, or agency;
(C)
to restrain competition; or
(D)
to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
(4)

Law enforcement disclosure
Section 552a of title 5, United States Code, shall not apply to disclosures that the Administrator may make from the systems of records of the Federal Aviation Administration to any Federal law enforcement, intelligence, protective service, immigration, or national security official in order to assist the official receiving the information in the performance of official duties.
(c)

Transfers of duties and powers prohibited
Except as otherwise provided by law, a duty or power under this section may not be transferred to another department, agency, or instrumentality of the United States Government.”.
(b)

Effective date
The amendments made by this section shall be effective as of October 5, 2018, and all authority restored to the Secretary and the FAA under this section shall be treated as if it had never been repealed by the FAA Reauthorization Act of 2018 (Public Law 115–254; 132 Stat. 3186).
(c)

Conforming amendments
(1)

Chapter 401 analysis
The analysis for chapter 401 of title 49, United States Code, is amended by inserting after the item relating to section 40118 the following:
“40119. Security and research and development activities.”.
(2)

Other disclosure requirements
Section 44912 of title 49, United States Code, is amended in subsection (d) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).
330.

Tarmac operations monitoring study
(a)

In general
The Director of the Bureau of Transportation Statistics (referred to in this section as the “Director”), in consultation with other offices within the Office of the Secretary of Transportation and the FAA, shall conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports in the United States.
(b)

Objectives
The objectives of the study conducted under subsection (a) shall include:
(1)
Determining the current state of ground source data coverage at airports in the United States.
(2)
Understanding the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies.
(3)
Conducting data collection through a pilot program and developing ground-based tarmac delay statistics.
(4)
Performing an evaluation and feasibility analysis of potential system-level tarmac operations monitoring solutions.
(c)

Pilot program
(1)

In general
Not later than 180 days after the date of enactment of this section, the Director shall establish a pilot program for the purposes of collecting data and developing ground-based tarmac delay statistics or other relevant statistics with respect to airports in the United States.
(2)

Requirements
The pilot program established under paragraph (1) shall—
(A)
include up to 6 airports that the Director determines reflect a diversity of factors including, geography, size, and air traffic;
(B)
terminate not more than 3 years after the date of enactment of this section; and
(C)
be subject to any guidelines issued by the Director.
(d)

Report
Not later than 4 years after the date of enactment of this section, the Director shall publish the results of the study conducted under subsection (a) and the pilot program established under subsection (c) on a publicly available website.
331.

GAO report on cybersecurity of commercial aviation avionics
(a)

In general
The Comptroller General shall conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework for aviation security as part of the FAA’s cybersecurity strategy.
(b)

Contents of the review
The review required by subsection (a) shall assess—
(1)
how onboard aircraft cybersecurity risks and vulnerabilities are defined and accounted for in the strategy aviation security framework, particularly in pillar 2 of that framework to “protect and defend FAA networks and systems to mitigate risks to FAA missions and service delivery”;
(2)
how onboard aircraft cybersecurity, particularly of the aircraft avionics, is considered, incorporated, and prioritized in the cybersecurity strategy pursuant to section 509 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note);
(3)
how roles and responsibilities for aircraft and ground systems cybersecurity are differentiated and enforced between the Transportation Security Agency and the FAA;
(4)
how aircraft and ground systems cybersecurity vulnerabilities are being identified and prioritized for mitigation, particularly considering the commercial technology ecosystem; and
(5)
the budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy those mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities.
(c)

Report required
Not later than 1 year after the date of the enactment of this section, the Comptroller General shall submit a report containing the results of the review required by this section to—
(1)
the appropriate committees of Congress;
(2)
the Committee on Homeland Security of the House of Representatives; and
(3)
the Committee on Homeland Security and Government Affairs of the Senate.
332.

Securing aircraft avionics systems
Section 506(a) of the FAA Reauthorization Act of 2018 (42 U.S.C. 44704 note) is amended—
(1)
in the matter preceding paragraph (1), by striking “consider, where appropriate, revising” and inserting “revise, where appropriate, existing”;
(2)
in paragraph (1), by striking “and” after the semicolon;
(3)
in paragraph (2), by striking the period at the end and inserting “; and”; and
(4)
by adding at the end the following:
“(3)
to require that software-based systems and equipment, including aircraft flight critical systems, be verified to ensure the software-based systems and equipment have not been compromised by unauthorized external and internal access.”.
333.

Maintenance data availability
(a)

In general
The Administrator shall assign to the Aviation Rulemaking Advisory Committee the task of—
(1)
performing a comprehensive review of previous and current FAA regulations and related internal and external guidance material related to instructions for continue airworthiness (in this section referred to as “ICA”); and
(2)
developing and submitting to the Administrator recommendations for guidance or regulatory changes to—
(A)
clarify the obligations of design approval holders to develop and make ICA available;
(B)
create methods to identify and provide access to ICA; and
(C)
create mechanisms to accept complaints, resolve disputes, and enforce obligations.
(b)

Report to Congress
Not later than 1 year after receiving the recommendations under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that describes such recommendations and the Administrator's plan, if any, to implement such recommendations.
334.

Study on airworthiness standards compliance
(a)

Study
The Administrator shall conduct a study on the safety consequences of a transport airplane design approved by a domestic or foreign aviation manufacturer failing to comply with the applicable airworthiness standards. The study shall identify—
(1)
each final airworthiness directive applicable to transport airplanes that was issued by the FAA in the 2-year period prior to the date of enactment of this section to address unsafe conditions resulting from the approval of designs that were non-compliant with an applicable airworthiness standard; and
(2)
for each such airworthiness directive—
(A)
the airworthiness standard with which the affected products failed to comply, as well as the resulting unsafe condition and whether such condition resulted in an accident;
(B)
the methods by which the noncompliance was discovered and brought to the attention of the FAA;
(C)
an analysis of whether the method used by the applicant to show compliance was acceptable and whether other compliance methods would have identified the noncompliance during the type certification process;
(D)
the date of approval of the relevant type design and the date of issuance of the airworthiness directive;
(E)
any corrective action mandated to address the identified unsafe condition;
(F)
the period of time specified for the incorporation of the corrective action, during which the affected products were allowed to operate before the unsafe condition was corrected; and
(G)
the total cost of compliance estimated in the final rule adopting the airworthiness directive.
(b)

Coordination
In conducting the study under subsection (a), the Administrator shall coordinate with, and solicit comments from, union representatives of the aviation safety engineers involved in the development of airworthiness directives.
(c)

Report to Congress
Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report that includes—
(1)
the results of the study conducted under subsection (a);
(2)
a description of any root cause of unsafe conditions identified by such study, as well as an identification of any action required to address any such root cause;
(3)
the union representative comments solicited under subsection (b); and
(4)
any other recommendations for legislative or administrative action determined appropriate by the Administrator.
(d)

Definition of transport airplane
For purposes of this section, the term transport airplane has the meaning given such term in FAA Notice N 8900.649, titled “Use of Air Carrier Pilots During Flight Standardization Board Evaluations for Transport Airplanes” (issued December 23, 2022).
335.

Fire protection standards
(a)

Internal regulatory review team
(1)

Establishment
Not later than 60 days after the date of enactment of this section, the Administrator shall establish an internal regulatory review team (in this section referred to as the “Team”).
(2)

Review
(A)

In general
Not later than 180 days after the date on which the Team is established, the Team shall conduct a review of foreign airworthiness standards and guidance for firewalls to determine best practices that should be adopted by the FAA and submit to the Administrator a report on the findings of such review.
(B)

Requirements
In conducting the review, the team shall—
(i)
identify any significant differences in standards or guidance with respect to test article selection, fire test boundaries, and evaluation criteria for such tests, including the use of certification by analysis where substantially similar designs have passed burn tests;
(ii)
assess the safety implications for any products imported into the United States that do not comply with the FAA’s firewall requirements; and
(iii)
consult with industry stakeholders to the maximum extent practicable.
(b)

Duties of the Administrator
The Administrator shall—
(1)
not later than 60 days after the date on which the Team reports the findings of the review to the Administrator, update the FAA’s Significant Standards List based on such findings; and
(2)
not later than 90 days after such date, submit to the appropriate committees of Congress a report on such findings, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.
336.

Cabin air safety
(a)

Deadline for submissions to Congress
Not later than 60 days after the date of enactment of this section, the Administrator shall complete the requirements of section 326 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and submit to the appropriate Congressional committees the following:
(1)
The study by the Airliner Cabin Environmental Research Center of Excellence on bleed air required by subsection (c) of such section.
(2)
The report on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality required by subsection (d) of such section.
(b)

Rulemaking
Not later than 1 year after such date of enactment, the Administrator may issue a notice of proposed rulemaking to establish requirements for scheduled passenger air carrier operations under part 121 of title 14, Code of Federal Regulations, with respect to incidents onboard aircraft involving oil and hydraulic fluid fume events. The rulemaking shall include, as necessary, the study and report required under subsection (a) and may include the following:
(1)
Training for flight attendants, pilots, aircraft maintenance technicians, airport first responders, and emergency responders on how to respond to incidents on aircraft involving smoke or fume events.
(2)
A standardized FAA form and system for reporting incidents involving smoke or fume events onboard aircraft.
(3)
The development of investigative procedures for the FAA to follow after receipt of a report of an incident involving an oil and hydraulic fluid event onboard aircraft in which at least 1 passenger or crew member required medical attention as a result of the incident.
(4)
Installation onboard aircraft of detectors and other air quality monitoring equipment situated in the air supply system to enable pilots and maintenance technicians to locate the sources of air supply contamination, including carbon monoxide.
337.

Airport air safety
The Administrator shall evaluate whether there are impacts to travelers due to poor air quality and bleed air inside Washington Dulles International Airport.
338.

Aircraft interchange agreement limitations
(a)

In general
Not later than 6 months after the date of enactment of this section, the Administrator shall revise section part 121.569 of title 14, Code of Federal Regulations, to include each of the provisions described in subsection (b).
(b)

Provisions described
The provisions described in this subsection are the following:
(1)
A 30-day limit on foreign aircraft interchange agreements.
(2)
A minimum break between foreign aircraft interchange renewals of 90 days.
(3)
A limit of no more than 1 foreign aircraft interchange agreement between 2 airlines.
(4)
A limit of no more than 2 foreign aircraft on the interchange agreement.
339.

Wildfire suppression
(a)

In general
To ensure that sufficient firefighting resources are available to suppress wildfires and protect public safety and property, and notwithstanding any other provision of law or agency regulation, not later than 18 months after the date of enactment of this section, the Administrator shall promulgate an interim final rule under which—
(1)
an operation described in section 21.25(b)(7) of title 14, Code of Federal Regulations, shall allow for the transport of firefighters to and from the site of a wildfire to perform ground wildfire suppression and designate the firefighters conducting such an operation as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire;
(2)
the aircraft maintenance, inspections, and pilot training requirements under part 135 of such title 14 may apply to such an operation, if determined by the Administrator to be necessary to maintain the safety of firefighters carrying out wildfire suppression missions; and
(3)
the noise standards described in part 36 of such title 14 shall not apply to such an operation.
(b)

Surplus military aircraft
In promulgating any rule under subsection (a), the Administrator shall not enable any aircraft of a type that has been manufactured in accordance with the requirements of and accepted for use by, any branch of the United States Military and has been later modified to be used for wildfire suppression operations.
(c)

Conforming amendments to FAA documents
In promulgating an interim final rule under subsection (a), the Administrator shall amend FAA Order 8110.56, Restricted Category Type Certification (dated February 27, 2006), as well as any corresponding policy or guidance material, to reflect the requirements of subsection (a).
(d)

Savings provision
Nothing in this section shall be construed to limit the Administrator’s authority to take action otherwise authorized by law to protect aviation safety or passenger safety.
(e)

Definitions
For purposes of this section:
(1)

Covered aircraft
The term covered aircraft means an aircraft type-certificated in the restricted category under section 21.25 of title 14, Code of Federal Regulations, used for transporting firefighters to and from the site of a wildfire in order to perform ground wildfire suppression for the purpose of extinguishing a wildfire on behalf of, or pursuant to a contract with, a Federal, State, or local government agency.
(2)

Firefighters
The term firefighters means a trained fire suppression professional the transport of whom is necessary to accomplish a wildfire suppression operation.
340.

Study on impacts of temperature in aircraft cabins
(a)

Study
(1)

In general
Not later than 2 years after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the “National Academies”) under which the National Academies will conduct a 1-year study on the health and safety impacts, with respect to passengers and crewmembers during each season in which the study is conducted, of the temperature of a covered aircraft cabin falling outside of a temperature between 65 and 85 degrees Fahrenheit during all phases of flight operation.
(2)

Consultation
In conducting the study required by paragraph (1), the National Academies shall consult with the FAA Civil Aerospace Medical Institute, air carriers operating under part 121 of title 14, Code of Federal Regulations, and applicable aviation labor organizations.
(3)

Flight definition
For purposes of paragraph (1), the term flight operation means the period beginning on the moment an individual boards the covered aircraft with the intention of work and duty related to the flight until such time as all such individuals have disembarked from the covered aircraft.
(b)

Reports
(1)

To the Administrator
Not later than 180 days after the date on which the study under subsection (a) is completed, the National Academies shall submit to the Administrator a report on the results of such study, together with recommendations determined appropriate by the National Academies.
(2)

To Congress
Not later than 60 days after the date on which the National Academies submits the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report describing the results of the study required by subsection (a), together with recommendations for further action deemed appropriate by the Administrator.
(c)

Definition of covered aircraft
For purposes of this section, the term covered aircraft means an aircraft operated under part 121 of title 14, Code of Federal Regulations.
341.

Part 135 pilot supplemental oxygen requirement
Not later than 1 year after the date of enactment of this section, the Administrator shall issue a notice of proposed rulemaking concerning whether to revise the requirements under paragraphs (3) and (4) of section 135.89(b) of title 14, Code of Federal Regulations, to only apply to aircraft operating at altitudes above flight level 410. In the notice of proposed rulemaking, the Administrator shall consider applicable safety data and risks, including in relation to applicable incidents and accidents, as well as the investigations and recommendations of the National Transportation Safety Board.
342.

Crewmember pumping guidance
(a)

In general
Not later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to Part 121 air carriers relating to the expression of milk by crewmembers on an aircraft during non-critical phases of flight, consistent with the performance of the crewmember's duties aboard the aircraft. The guidance shall be equally applicable to any lactating crewmember. In developing the guidance, the Administrator shall—
(1)
consider multiple methods of expressing breast milk that could be used by crewmembers, including the use of wearable lactation technology; and
(2)
ensure that complying with the advisory circular will not require an air carrier or foreign air carrier to incur significant expense, such as through the addition of an extra crewmember in response to providing a break, removal or retrofitting of seats on the aircraft, or modification or retrofitting of an aircraft.
(b)

Definitions
In this section:
(1)

Crewmember
The term crewmember has the meaning given such term in section 1.1 of title 14, Code of Federal Regulations.
(2)

Critical phases of flight
The term critical phases of flight has the meaning given such term in section 121.542 of title 14, Code of Federal Regulations.
(3)

Part 121
The term “Part 121” means part 121 of title 14, Code of Federal Regulations.
(c)

Aviation safety
Nothing in this section shall limit the Administrator’s authority for aviation safety under subtitle VII of title 49, United States Code.
343.

Reauthorization of certain provisions of the Aircraft Certification, Safety, and Accountability Act
(a)

Oversight of organization designation authorization unit members
Section 44741 of title 49, United States Code, is amended—
(1)
in subsection (f)(2), in the matter preceding subparagraph (A), by striking “September 30, 2023” and inserting “September 30, 2028”; and
(2)
in subsection (j), by striking “2023” and inserting “2028”.
(b)

Integrated project teams
Section 108(f) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note) is amended by striking “fiscal year 2023” and inserting “fiscal year 2028”.
(c)

Appeals of certification decisions
Section 44704(g)(1)(C)(ii) of title 49, United States Code, is amended by striking “calendar year 2025” and inserting “calendar year 2028”.
(d)

Professional development, skills enhancement, continuing education and training
Section 44519(c) of title 49, United States Code, is amended by striking “2023” and inserting “2028”.
(e)

Voluntary safety reporting program
Section 113(f) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note) is amended by striking “fiscal year 2023” and inserting “fiscal year 2028”.
(f)

Changed product rule
Section 117(b)(1) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 44704 note) is amended by striking “fiscal year 2023” and inserting “fiscal year 2028”.
(g)

Domestic and international pilot training
Section 119(f)(3) of division V of the Consolidated Appropriations Act, 2021 is amended by striking “2023” and inserting “2028”.
(h)

Oversight of FAA compliance program
Section 122 of division V of the Consolidated Appropriations Act, 2021 is amended—
(1)
in subsection (c)(4), by striking “October 1, 2023” and inserting “October 1, 2028”; and
(2)
in subsection (d), by striking “2023” and inserting “2028”.
(i)

National air grant fellowship program
Section 131(d) of division V of the Consolidated Appropriations Act, 2021 (49 U.S.C. 40101 note) is amended by striking “2025” and inserting “2028”.
IV

MODERNIZING THE NATIONAL AIRSPACE SYSTEM
401.

NextGen accountability task force
(a)

Establishment
The Administrator shall establish a task force, to be known as the NextGen Accountability Task Force (referred to in this section as the Task Force) to provide recommendations on the most effective operational metrics that can be used to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the Next Generation Air Transportation System (NextGen) project.
(b)

Membership
(1)

In general
The Task Force shall be composed of, at a minimum, representatives from—
(A)
the FAA;
(B)
trade associations representing avionics manufacturers;
(C)
trade associations representing air carriers
(D)
trade associations representing business or general aviation operators;
(E)
labor organizations representing air traffic controllers; and
(F)
any other interested parties that the Administrator determines may provide expertise and assist the Task Force to fulfill its obligations.
(2)

Appointment
The Administrator shall appoint each member of the Task Force.
(3)

Vacancies
A vacancy in the Task Force shall be filled in the manner in which the original appointment was made.
(c)

Duties
The Task Force shall —
(1)
leverage current metrics used by the FAA to quantify the benefits of NextGen technology and investments;
(2)
validate current and establish additional metrics for the FAA to track national airspace system throughput and savings due to NextGen investments by calculating a weighted average by distance, on a per flight basis—
(A)
reduction and cumulative savings of track miles and time savings;
(B)
reduction and cumulative savings of emissions and fuel burn;
(C)
reduction of aircraft operation time; and
(D)
any other metrics that the Administrator determines may provide quantifiable benefits for operators in the national airspace system; and
(3)
validate current and establish metrics for the FAA to track and assess fleet equipage across operators in the national airspace system including—
(A)
percentage of aircraft equipped with NextGen avionics equipment as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020;
(B)
quantified costs and benefits for an operator to properly equip with baseline NextGen avionics equipment over the aircraft’s lifecycle; and
(C)
cumulative unrealized NextGen benefits associated with rates of mixed equipage across operators.
(d)

Report
Not later than 270 days after the date of enactment of this section, the Task Force shall submit to the Administrator a report with its findings and recommendations and metrics developed pursuant to subsections (a) and (c).
(e)

Public display
Not later than 180 days after receiving the report required under subsection (d), the Administrator shall establish a website of the FAA that can be used to present, track, and update through 2030—
(1)
the metrics recommended and established by the Task Force on a quarterly and annual basis depending on the metric; and
(2)
the total amount invested in NextGen technologies and resulting quantifiable benefits on a quarterly basis until the Administrator declares the completion of NextGen implementation.
(f)

Federal Advisory Committee Act
Chapter 10 of title 5, United States Code (commonly known as the “Federal Advisory Committee Act”), shall not apply to the Task Force.
(g)

Sunset
The Task Force shall terminate on the date on which the Administrator receives the report required under subsection (d).
402.

Use of advanced surveillance in oceanic airspace
(a)

In general
Not later than 180 days after the date of enactment of this section, the Administrator shall develop a plan to—
(1)
coordinate with counterparts at air service navigation providers in airspace that is adjacent to United States airspace or international airspace delegated to the United States to—
(A)
adopt reduced separation standards in oceanic airspace;
(B)
implement procedures that will permit user preferred routes to increase fuel efficiency and reduce greenhouse gas emissions; and
(C)
exercise leadership in setting global standards by harmonizing the safety and efficiency of air traffic operations in airspace neighboring any airspace delegated to the United States; and
(2)
utilize Automatic Dependent Surveillance-Broadcast (ADS-B) relay service within United States airspace or international airspace delegated to the United States for—
(A)
positive air traffic control, including separation of aircraft by implementing the ICAO Advanced Surveillance-Enhanced Procedural Separation standard;
(B)
air traffic flow management;
(C)
search and rescue;
(D)
accident investigation; and
(E)
data analytics.
(b)

Report
Not later than 120 days after the date on which the Administrator completes development of the plan required by subsection (a), the Administrator shall submit to the appropriate committees of Congress a report that—
(1)
details the actions the Administrator shall take to implement the plan, including specifying the required technical system upgrades, operational procedure modifications, new training requirements, and a transition plan;
(2)
details a schedule with milestones for implementation of the use of advanced surveillance systems or services and coordination of such use with international air service navigation providers; and
(3)
describes any anticipated safety enhancements, fuel and operating cost savings, and reduction in carbon emissions of aircraft operating through airspace in which such advanced surveillance systems or services are used.
403.

GPS monitoring pilot program
(a)

Establishment
The Administrator shall conduct a pilot program to evaluate technologies to detect, measure, and locate disrupting sources of interference to the GPS Standard Positioning Service in order to mitigate the impacts on air commerce and other related government and civilian functions within the air traffic management ecosystem.
(b)

Evaluation of technologies
(1)

Types of technologies
The pilot program shall evaluate commercially available technologies, as well as technologies under development by the FAA, the Department of Transportation, the Department of Defense, the Department of Homeland Security, and the National Aeronautics and Space Administration.
(2)

Scope
The pilot program shall consider technologies that have both physical electronics equipment and software components, as well as technologies with only software components.
(c)

Number of evaluation sites
The pilot program shall evaluate technologies for the purposes described in subsection (a) at not less than 5, and not more than 7, airports unless the Administrator determines that additional evaluation sites are needed to carry out the pilot program.
(d)

Location of evaluation sites
(1)

In general
The pilot program shall be conducted at each of the following types of airports:
(A)
A primary airport in Class B airspace.
(B)
A primary airport in Class C airspace.
(C)
A primary airport in Class D airspace.
(D)
An airport in Class E airspace.
(E)
A Joint-Use Airport.
(2)

Documented interference
In determining whether an airport should be an evaluation site for the pilot program, the Administrator shall consider airports described in paragraph (1) that have experienced documented instances of interference to the GPS Standard Positioning Service during the 5-year period ending with the date of enactment of this section.
(e)

Private sector participation
The Administrator shall collaborate with the private sector, including providers of technology that can cost-effectively implement a capability to potentially mitigate the impacts of GPS Standard Positioning Service interference on air commerce.
(f)

Congressional briefings
Beginning 12 months after the date of enactment of this section, and annually thereafter until the date on which the report required by subsection (g) is submitted, the Administrator shall provide the appropriate committees of Congress with a briefing summarizing the status of, and findings from, the pilot program.
(g)

Report
Not later than 180 days after date on which pilot program is terminated, the Administrator shall provide a report to the appropriate committees of Congress on the results of the pilot program.
(h)

GPS Standard Positioning Service defined
In this section, the term GPS Standard Positioning Service has the meaning given such term in section 2281(d)(2) of title 10, United States Code.
404.

Runway safety technologies
(a)

Study
The Administrator shall conduct a study of runway safety incidents and accidents at airports in the United States and identify technologies that may prevent or reduce the risk of such incidents and accidents.
(b)

Report
Not later than 9 months after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a) that includes the following:
(1)
Recommendations for preventative measures, including process changes and identification of available technologies, to mitigate the risks of runway safety incidents and accidents at or near airports in the United States.
(2)
Recommendations for additional airports in the United States, based on a risk-based analysis, that would be viable candidates for installation of runway safety technologies.
(3)
The FAA's timeline and action plan for replacing, maintaining, or enhancing the operational capability provided by the Airport Surface Detection System - Model X (ASDE-X) and the Airport Surface Surveillance Capability (ASSC) legacy surveillance systems, and implementing runway safety technologies at airports currently without surface surveillance systems, as needed to improve runway safety.
(4)
An explanation of the decision-making process used by the FAA to determine whether to introduce runway safety technologies, like ASDE-X, ASSC, or other appropriate surface surveillance systems, at additional airports.
(c)

Briefings
Following the submission of the report under subsection (b) and annually thereafter, the Administrator shall brief the appropriate committees of Congress on the progress of the action plan under subsection (b)(3), including on the—
(1)
status of implementing new surface surveillance systems at additional airports; and
(2)
justification for delaying or not implementing additional surface surveillance systems at airports identified by the Administrator under subsection (b)(2).
405.

Flight profile optimization
(a)

Pilot program
(1)

Establishment
Not later than 90 days after the date of enactment of this section, the Administrator shall establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization (in this section referred to as “FPO”) into the FAA's trajectory based-operations air traffic flow management system.
(2)

Considerations
In establishing the pilot program under paragraph (1), the Administrator shall consider the following:
(A)
The extent to which developed FPO capabilities may reduce strain on the national airspace system infrastructure while facilitating safe and efficient flow of future air traffic volumes and diverse range of aircraft and advanced aviation aircraft.
(B)
The extent to which developed FPO capabilities may achieve environmental benefits and time savings.
(C)
The perspectives of FAA employees responsible for air traffic flow management development projects, bilateral civil aviation regulatory partners, and industry applicants on the FAA’s performance in carrying out air traffic flow management system development projects.
(D)
Any other information the Administrator deems appropriate.
(3)

Application
To be eligible to receive a grant under the program, an air traffic flow management technology provider shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require.
(4)

Maximum amount
A grant awarded under the program shall not exceed $2,000,000 to a single air traffic flow management technology provider.
(b)

Briefing to Congress
Not later than 180 days after the establishment of the pilot program under subsection (a), and annually thereafter until the termination of the pilot program, the Administrator shall brief the appropriate committees of Congress on the progress of the pilot program under this section, including any implementation challenges of the program, detailed metrics of the program, and any suggested action to achieve the adoption of FPO.
(c)

Definition of trajectory-based operations
The term trajectory-based operations means an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements.
406.

Stars remote surveillance displays
(a)

Certification
(1)

In general
Not later than 1 year after the date of enactment of this section, the Administrator shall define minimum performance and technical requirements in order to provide a mechanism to certify a commercial radar display capable of displaying primary and secondary radar targets for use by controllers in FAA Contract Tower program towers.
(2)

STARS
With respect to a Standard Terminal Automation Replacement System or any equivalent system procured directly from an original equipment manufacturer (in this section referred to as an “OEM”), the Administrator shall move expeditiously to certify such systems for Federal contract towers and identify such systems by issuing an advisory circular regarding the certification of such systems.
(3)

Minimum equipment list
The FAA may add Standard Terminal Automation Replacement System equipment to the minimum level of equipage necessary for Federal contract towers to perform their function, as applicable.
(b)

Installation and maintenance
Not later than December 31, 2025, the Administrator shall allow airports to—
(1)
procure, install, and maintain a Standard Terminal Automation Replacement System or any equivalent system through the FAA; or
(2)
purchase a Standard Terminal Automation Replacement System or any equivalent system and installation and maintenance services directly from an OEM.
407.

Audit of legacy systems
(a)

In general
Not later than 120 days after the date of enactment of this section, the Administrator shall initiate an audit of all legacy systems to determine their level of operational risk, functionality, security, and compatibility with current and future technology.
(b)

Scope of audit
The audit required by subsection (a)—
(1)
shall be conducted by an independent third-party contractor or a Federally funded research and development center (FFRDC) selected by the Administrator;
(2)
shall include an assessment of whether a legacy system is outdated, insufficient, unsafe, or unstable, as defined in subsection (f); and
(3)
with respect to any legacy systems identified in the audit as outdated, insufficient, unsafe, or unstable, shall include—
(A)
an analysis of the operational risks associated with using such legacy systems;
(B)
recommendations for replacement or enhancement of such legacy systems; and
(C)
an analysis of any potential impact on aviation safety and efficiency.
(c)

Deadline
Not later than December 31, 2025, the audit required by subsection (a) shall be completed.
(d)

Report
Not later than 180 days after the audit required by subsection (a) is completed, the Administrator shall provide a report to the appropriate committees of Congress on the audit's findings and recommendations, including—
(1)
an inventory of the legacy systems in use;
(2)
an assessment of the operational condition of the legacy systems in use; and
(3)
the average age of in-service legacy systems and, for each legacy system in use, the intended design life of the system, by type.
(e)

Collaboration with industry on plan to accelerate drawdown, replacement, or enhancement of legacy systems
(1)

In general
Not later than 120 days after the date on which the Administrator provides the report required by subsection (d), the Administrator shall initiate a plan, in coordination with industry, to accelerate drawdown, replacement, or enhancement of any legacy systems that are identified in the audit required by subsection (a) as outdated, insufficient, unsafe, or unstable.
(2)

Priorities
The Administrator shall prioritize the drawdown, replacement, or enhancement of such legacy systems based on the operational risks such legacy systems pose to air safety and the costs associated with the replacement or enhancement of such legacy systems.
(3)

Collaboration
The Administrator shall work with industry to develop a plan to replace or enhance the identified legacy systems within a reasonable time frame.
(4)

Progress updates
The Administrator shall provide the appropriate committees of Congress with semi-annual updates on the progress made in replacing or enhancing the identified legacy systems.
(f)

Definitions
In this section:
(1)

Industry
The term industry means the aviation industry, limited to organizations with expertise in aviation-dedicated network systems, systems engineering platforms, aviation software services, air traffic management, flight operations, and International Civil Aviation Organization (ICAO) standards.
(2)

Legacy systems
The term legacy systems means any communication, navigation, surveillance, or automation or network applications or ground-based aviation infrastructure owned by the FAA that were deployed prior to the year 2000, including the Notice to Air Missions (NOTAM) system.
(3)

Outdated, insufficient, unsafe, or unstable
The term outdated, insufficient, unsafe, or unstable means a legacy system for which the likelihood of failure creates a risk to air safety or security due to the legacy system's age, ability to be cost-effectively maintained, or any other factors that may compromise the performance or security of the legacy system. Such term includes a legacy system with a risk of a single point of failure or that lacks of sufficient back-up capability in the event of a failure.
408.

Aeronautical mobile communications services
(a)

Satellite voice communications services
The Administrator shall evaluate the addition of satellite voice communication services (referred to in this section as “SatVoice”) to the Aeronautical Mobile Communications program (in this section referred to as the “AMCS program”) that provides for the delivery of air traffic control messages in oceanic and remote continental airspace.
(b)

Analysis and implementation procedures
Not later than 120 days after the date of enactment of this Act, the Administrator shall begin to develop the safety case analysis and stated implementation procedures for SatVoice instructions over the FAA’s controlled oceanic and remote continental airspace regions.
(c)

Requirements
The analysis and implementation procedures required under subsection (b) shall include, at a minimum, the following:
(1)
Network and protocol testing and integration with satellite service providers.
(2)
Operational testing with aircraft to identify and resolve performance issues.
(3)
Collaboration with the International Civil Aviation Organization in defining Satcom Standards and Recommended Practices (SARPs), which shall include an RCP-130 performance standard as well as SatVoice standards.
(4)
Training of radio operators on new operation procedures and protocols.
(5)
A phased implementation plan for incorporating SatVoice services into the AMCS program.
(6)
The estimated cost of the implementation procedures for relevant stakeholders.
(d)

HF/VHF minimum equipage
The addition of SatVoice capability as an added means of communication in oceanic and remote continental airspace shall in no way affect the current HF/VHF equipage requirement for communications in such airspace. The Administrator shall maintain existing HF/VHF services as minimum equipage under the AMCS program to provide for auxiliary communication and maintain safety in the event of a satellite outage.
409.

Low altitude routes for vertical flight
(a)

Sense of Congress
It is the sense of Congress that the national airspace system requires additional rotorcraft, including advanced air mobility aircraft, low-altitude instrument flight rules routes leveraging advances in performance based navigation to operate on direct, safe, and reliable routes that ensure sufficient separation from higher altitude fixed wing aircraft traffic.
(b)

Low-altitude rotorcraft instrument flight routes
(1)

In general
Not later than 1 year after the date of enactment of this section, the Administrator shall initiate a rulemaking process to—
(A)
incorporate instrument flight rules rotorcraft operations into the low-altitude performance based navigation procedure infrastructure;
(B)
prioritize the development of new helicopter area navigation (RNAV) instrument flight rules routes, acting through notice and comment rulemaking, as part of the United States air traffic service route (ATS) structure that utilize performance based navigation, such as Global Positioning System (GPS) and Global Navigation Satellite System (GNSS) equipment.
(2)

Consultation
In carrying out the rulemaking process under paragraph (1), the Administrator shall consult with—
(A)
stakeholders in the airport, heliport, rotorcraft manufacturer, rotorcraft operator, general aviation operator, commercial air carrier, and performance based navigation technology manufacturer sectors;
(B)
the United States Helicopter Safety Team; and
(C)
other stakeholders determined appropriate by the Administrator.
410.

ADS-B out equipage study; Vehicle-to-Vehicle link program
(a)

Study and briefing on ADS-B out equipage
(1)

Study
Not later than 90 days after the date of enactment of this section, the Administrator shall initiate a study to determine—
(A)
the number of aircraft registered in the United States and other devices operating in the airspace of the United States that are not equipped with Automatic Dependent Surveillance-Broadcast (ADS-B) out equipment;
(B)
the requirements for and impact of expanding the dual-link architecture that is used below an altitude of FL180 to any altitude below the current radar floor;
(C)
the costs and benefits of equipage; and
(D)
the cost and benefits of any accommodation made for aircraft with inoperable ADS-B out equipment.
(2)

Annual briefings
Not later than 1 year after the date of enactment of this section, and annually thereafter through 2025, the Administrator shall brief the appropriate committees of Congress on the results of the study conducted under paragraph (1), including any updates thereof.
(b)

Vehicle-to-Vehicle link program
Not later than 270 days after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration and the Chair of the Federal Communications Commission, shall establish an interagency coordination program to advance Vehicle-to-Vehicle link programs that—
(1)
enable the real-time digital exchange of key information between nearby aircraft; and
(2)
are not reliant on ground infrastructure or air-to-ground communication links.
411.

Extension of enhanced air traffic services pilot program
Section 547 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40103 note) is amended—
(1)
by striking subsection (d) and inserting the following:
“(d)

Definitions
(1)

Certain Next Gen avionics
The term certain NextGen avionics means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020.
(2)

Preferential basis
The term preferential basis means prioritizing aircraft equipped with certain NextGen avionics by providing them more efficient service, shorter queuing, or priority clearances to the maximum extent possible without reducing overall capacity or safety of the national airspace system.”; and
(2)
in subsection (e), by striking “September 30, 2023” and inserting “September 30, 2028”.
412.

NextGen equipage plan
(a)

Plan
(1)

In general
The Administrator shall develop a 2-year implementation plan to further incentivize the acceleration of the equipage rates of certain NextGen avionics in the active commercial and regional fleet of the national airspace system.
(2)

Contents
The plan required under paragraph(1) shall, at a minimum, evaluate and consider recommendations to—
(A)
provide for further implementation and deployment of NextGen operational improvements to incentivize universal equipage across the active fleet for commercial and regional aircraft;
(B)
identify any remaining barriers for operators to properly equip with certain NextGen avionics, including any methods to address such barriers;
(C)
provide for the use of the best methods to highlight and enhance the benefits realizable by operators equipping with certain NextGen avionics; and
(D)
contain any equipage guidelines and regulations the Administrator deems necessary and appropriate.
(3)

Consultation
In developing the plan under paragraph (1), the Administrator shall consult with representatives from—
(A)
trade associations representing air carriers;
(B)
trade associations representing avionics manufacturers;
(C)
labor organizations representing air traffic controllers; and
(D)
any other representatives the Administrator determines appropriate.
(b)

Submission of plan
Not later than 1 year after the date of enactment of this section, the Administrator shall consider the recommendations under subsection (a) and submit to the appropriate committees of Congress the plan required under subsection (a).
(c)

Rulemaking
Not later than 180 days after the date on which the plan required under subsection (a) is submitted to the appropriate committees of Congress under subsection (b), the Administrator shall, if Administrator determined appropriate, initiate a rulemaking proceeding to address one or more of the recommendations contained in the plan.
(d)

Definition
In this section the term certain NextGen avionics means those avionics and baseline capabilities as recommended in the Minimum Capabilities List (MCL) Ad Hoc Team, NextGen Advisory Committee (NAC) Task 19-1 Report completed in November 2020.
413.

Performance based navigation report and utilization plan
(a)

Report on performance based navigation
(1)

In general
Not later than 1 year after the date of enactment of this section, the Administrator shall publish on the website of the FAA a progress report on the utilization, implementation, and operational benefits of performance based navigation (in this section referred to as “PBN”) procedures of the FAA within the national airspace system.
(2)

Contents
The report shall include, at a minimum, a detailed implementation plan with respect to the recommendations made by—
(A)
the PBN Clarification Ad Hoc Team, NextGen Advisory Committee (in this section referred to as the “NAC”) Task 19-4 Report completed in November 2020;
(B)
the Final Report of the Major Air Carrier Performance Based Navigation (PBN) Way Forward Workgroup for the FAA’s PBN Clarification Tasking to the NAC dated June 2020;
(C)
the NAC Subcommittee Update on Opportunities dated June 2020;
(D)
the Barriers to Established on Required Navigation Performance Procedures dated November 2019; and
(E)
the FAA Reauthorization Act of 2018, Section 547 Enhanced Air Traffic Services, NAC Task 20-3 Report dated March 2021.
(b)

Utilization action plan
180 days after the completion of the report under subsection (a), the Administrator shall, in consultation with representatives of air traffic controllers, develop an action plan to utilize PBN as a primary means of navigation to further reduce the dependency on legacy systems within the national airspace system.
(c)

Briefing
Not later than 1 year after the development of the action plan under subsection (b), and annually thereafter, the Administrator shall submit to appropriate committees of Congress a report on the implementation of the action plan, including the utilization rate of PBN as a primary means of navigation.
414.

Air traffic control facility realignment study
(a)

In general
Not later than 180 days after the date of enactment of this section, the Administrator shall partner with a third party to conduct an Air Traffic Control Facility Realignment report to examine consolidating or otherwise reorganizing air traffic control work facilities and locations and airspace structure management.
(b)

Contents
The report required by subsection (a) shall do the following:
(1)
Evaluate the potential efficiencies that may result from a reorganization.
(2)
Identify whether certain areas prone to congestion or staff shortages would benefit from enhanced flexibilities.
(3)
Recommend opportunities for integration of separate facilities to create a more collaborative and efficient traffic control environment.
(c)

Report and briefing
(1)

To the Administrator
Not later than September 30, 2025, the third party described in subsection (a) shall submit to the Administrator a report on the recommendations described in subsection (b)(3), and a copy of such report shall be transmitted to the labor organization representing air traffic controllers.
(2)

To Congress
Not later than 60 days after receiving the recommendations described in subsection (b)(3), the Administrator shall brief the relevant Congressional committees on such recommendations, as well as the Administrator's plan, if any, to implement such recommendations.
V

AVIATION WORKFORCE
A

Civil Aviation Workforce
501.

Aviation workforce development grants
(a)

In general
Section 625 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1), by striking “and” at the end;
(B)
in paragraph (2), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following new paragraph:
“(3)
a program to provide grants for eligible projects to support the education and recruitment of aviation manufacturing technical workers and the development of the aviation manufacturing workforce.”;
(2)
in subsection (b)—
(A)
in paragraph (1), by striking “2023” each place it appears and inserting “2028”;
(B)
by redesignating paragraph (2) as paragraph (3);
(C)
by inserting after paragraph (1) the following new paragraph:
“(2)

Additional funding
In addition to amounts available for grants pursuant to paragraph (1), there is authorized to be appropriated—
(A)
$10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1);
(B)
$10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); and
(C)
$10,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3).”; and
(D)
in paragraph (3), as redesignated by subparagraph (B), by inserting “(or, in the case of fiscal years 2024 through 2028, $1,000,000)” after “$500,000”;
(3)
in subsection (c)—
(A)
in paragraph (1)(B), by inserting “, a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002),” after “(20 U.S.C. 1001))”;
(B)
in paragraph (2)(B), by inserting “, a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002),” after “(20 U.S.C. 1001))”; and
(C)
by adding at the end the following new paragraph:
“(3)
An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by—
(A)
a holder of a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code, or a credible applicant for such a certificate as determined by the Secretary;
(B)
an accredited institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), or a high school or secondary school (as defined in section 7801 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and
(C)
a State or local governmental entity.”;
(4)
by striking subsection (d) and inserting the following:
“(d)

Eligible projects
For purposes of a program established under subsection (a), an eligible project is a project—
(1)
to create and deliver a program designed to provide students with meaningful aviation education that is designed to prepare the students to become aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a));
(2)
to support the professional development of teachers and other educators implementing a program described in paragraph (1);
(3)
to establish new educational programs that teach technical skills used by aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including purchasing equipment, or to improve existing such programs;
(4)
to establish scholarships or registered apprenticeships for individuals pursuing employment as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a));
(5)
to support outreach about careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)) to—
(A)
primary, secondary, and post-secondary school students; or
(B)
communities underrepresented in the applicable industry;
(6)
to support educational opportunities in both urban and rural areas;
(7)
to support transition to careers as aircraft pilots, aerospace engineers, unmanned aircraft systems operators, aviation maintenance technical workers, or aviation manufacturing technical workers (as applicable to the relevant program described in subsection (a)), including for veterans and members of the Armed Forces; or
(8)
to otherwise enhance or expand the aircraft pilot, aerospace engineer, unmanned aircraft system operator workforces, aviation maintenance technical worker, or aviation manufacturing technical worker workforces.”;
(5)
in subsection (e)
(A)
in paragraph (1)—
(i)
by inserting “aviation manufacturers,” after “repair stations,” and
(ii)
by striking “and” at the end;
(B)
in paragraph (2), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following new paragraph:
“(3)
give priority to applicants who partner with, or establish links between, secondary schools and post-secondary schools and who work collaboratively or participate in industry or sector partnerships.”; and
(6)
by adding at the end the following new subsection:
“(f)

Consultation with the Secretary of Education
The Secretary may consult with the Secretary of Education in—
(1)
developing the design of the grant application under this section;
(2)
reviewing and selecting applications for grants for eligible projects under this section; and
(3)
establishing considerations regarding program quality and measurement of student outcomes.”.
(b)

Conforming amendment
Paragraph (4) of section 48105 of title 49, United States Code, is amended by striking “2023” and inserting “2028”.
(c)

National strategic plan for aviation workforce development
(1)

In general
Not later than 1 year after the date of enactment of this section, the Administrator shall, to the extent practicable and in consultation with other Federal agencies and private individuals, establish a national strategic plan for addressing projected shortages of aviation workers in the aviation industry, including—
(A)
any short-term, medium-term, and long-term needs critical to the economy, national security, workforce readiness, environmental concerns, and priorities of the United States aviation sector, such as emergency readiness and resilience; and
(B)
any situation or condition that warrants special attention by the Federal Government.
(2)

Requirements
The national strategic plan established under paragraph (1) shall—
(A)
take into account the activities and accomplishments of all agencies in the executive branch of the Federal Government that are related to carrying out such national strategic plan; and
(B)
include recommendations for legislation, regulations, and budget proposals to carry out such national strategic plan.
502.

Women in Aviation Advisory Committee
(a)

Establishment
There is established within the Department of Transportation the Women in Aviation Advisory Committee (in this section referred to as the “Committee”).
(b)

Membership
(1)

Composition
(A)

In general
Subject to subparagraph (C), the Committee shall be composed of up to 16 members appointed by the Secretary, including representatives from the following:
(i)
Passenger and cargo air carriers operating under part 121 of title 14, Code of Federal Regulations.
(ii)
Aircraft manufacturers and aerospace companies.
(iii)
Nonprofit organizations within the aviation industry, including at least 1 State aviation agency.
(iv)
Airport operators and employees.
(v)
Aviation business associations.
(vi)
Engineering business associations.
(vii)
United States Air Force Auxiliary, Civil Air Patrol.
(viii)
Institutions of higher education and aviation trade schools.
(ix)
The Department of Labor.
(x)
The Department of Education.
(xi)
Nonprofit labor organizations representing aviation workers, including organizations representing aviation maintenance workers and pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations.
(xii)
The FAA.
(B)

Date
The appointments described in subparagraph (A) shall be made not later than 9 months after the date of enactment of this section.
(C)

Ex officio members
The Secretary shall appoint 1 member from the Office of Civil Rights of the FAA to serve in an ex officio capacity.
(2)

Subcommittees
The Committee may establish subcommittees as the Committee determines appropriate.
(3)

Chair; subcommittee chairs
The Committee—
(A)
shall select a Chair from among the members of the Committee; and
(B)
may select subcommittee chairs from among the members of the Committee, as the Committee determines appropriate.
(4)

Term of service
(A)

In general
Each member of the Committee shall serve until the termination date described in subsection (e).
(B)

Successors
(i)

Death or resignation
If a member of the Committee dies or resigns during their term of service, the Secretary shall designate a successor for the unexpired term of such member.
(ii)

Expired term
Any member of the Committee whose term of office has expired shall continue to serve as a member until their successor is appointed by the Secretary.
(5)

Administrative support
The Secretary shall furnish the Committee logistical and administrative support to enable the Committee to perform its duties.
(6)

Compensation
Each member of the Committee shall serve without compensation.
(c)

Duties
(1)

Advisory role
The Committee—
(A)
shall advise the Secretary and the Administrator on matters related to promoting women in the aviation industry, including education, training, recruitment, retention, and career advancement;
(B)
shall review and update the recommendations directed to FAA and non-FAA entities produced by the Advisory Board created under section 612 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) and recommend how to engage with those entities to improve the implementation of such recommendations;
(C)
shall coordinate with the Department of Transportation Office of Civil Rights and the FAA's Federal Women's Program to not duplicate the objectives of such program; and
(D)
shall not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee.
(2)

Reports
(A)

Annual report
Not later than October 31 of the first calendar year beginning after the date on which the Committee is established under subsection (a), and annually thereafter, the Committee shall submit to Congress, the Secretary, and the Administrator a report that contains a detailed statement of the Committee's recommendations under subparagraphs (A) and (B) of paragraph (1), together with the recommendations of the Committee for such legislation and administrative actions as the Committee considers appropriate.
(B)

Additional reports
The Committee may submit to Congress, the Secretary, and the Administrator additional reports and recommendations related to education, training, recruiting, retaining, and advancing women in the aviation industry as the Committee determines appropriate.
(d)

Review of recommendations
Not later than 60 days after the date on which the Secretary receives a report from the Committee under subsection (c)(2), the Secretary shall submit to Congress a report that indicates—
(1)
which recommendations of the Committee that the Secretary has determined the Department of Transportation is able to address and provide an update regarding the implementation of such recommendations on an annual basis; and
(2)
which such recommendations the Secretary is not able to implement (including any recommendations for legislation) and a rationale for that determination.
(e)

Sunset
The Committee shall terminate on September 30, 2028.
503.

Study of high school aviation maintenance training programs
(a)

Study
(1)

In general
Not later than 180 days after the date of enactment of this section, the Comptroller General shall initiate a study to assess the aviation maintenance technician workforce pipeline in the United States, as well as any barriers for students enrolled in high school aviation maintenance programs with respect to—
(A)
entering airframe and powerplant mechanic programs; or
(B)
accessing pathways to mechanic certification.
(2)

Contents
The study required under paragraph (1) shall assess the following:
(A)
The number of high school aviation maintenance programs in the United States and the typical career outcomes for graduates of such programs.
(B)
The extent to which high school aviation maintenance programs offer curricula that align with FAA mechanic airman certification standards.
(C)
The opportunities afforded to students enrolled in alternative or high school maintenance programs partnered with aviation maintenance technician schools (as described in section 147.15 of title 14, Code of Federal Regulations).
(D)
Alternate paths to a certificated aviation maintenance technician school for the fulfillment of the experience requirements described in section 65.75(c) of such title 14.
(E)
Any barriers to entry associated with—
(i)
developing and attaining the knowledge and experience requirements described in section 65.75 and section 147.31 of such title 14; or
(ii)
access to the mechanic certification process.
(F)
The level of engagement between the FAA and high school aviation maintenance programs with respect to developing curricula that assist with building foundational knowledge and skills necessary to attain FAA mechanic certifications and associated ratings.
(G)
Any barriers to accessing the general knowledge test described in section 65.71(a)(3) of such title 14.
(H)
Whether allowing mechanic certificate applicants to take the general knowledge test prior to such applicants meeting the relevant experience requirements would present a safety risk.
(I)
Whether regulatory changes could reduce any barriers described in this paragraph.
(b)

Report
Not later than 2 years after the date of enactment of this section, the Comptroller General shall provide to the Administrator and the appropriate committees of Congress a report and briefing on the findings of the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Comptroller General deems appropriate.
504.

Military aviation maintenance technicians rule
(a)

Streamlined certification for eligible military maintenance technicians
Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that revises part 65 of title 14, Code of Federal Regulations, to—
(1)
create a military mechanic written competency test; and
(2)
develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a mechanic certificate with airframe or powerplant ratings; and
(3)
allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the “JSAMTCC”) evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a Designated Mechanic Examiner (in this section referred to as a “DME”) for eligible military maintenance technicians.
(b)

Aeronautical knowledge subject areas
(1)

In general
The military mechanic written competency test and Airman Certification Standard described in subsection (a) shall focus on the aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards, as appropriate to the rating sought.
(2)

Identification of subject areas
The aeronautical knowledge subject areas shall be identified and recommended to the Administrator, in consultation with industry stakeholders, through the FAA Aviation Rulemaking Advisory Committee Airman Certification System Working Group.
(c)

Expansion of testing locations
Not later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing, as well as how to implement such expansion.
(d)

Outreach and awareness
Not later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall develop a plan to increase outreach and awareness regarding—
(1)
the services made available by the JSAMTCC; and
(2)
the military mechanic written competency test established under subsection (a).
(e)

Report
Not later than 180 days after the date on which the Administrator issues the final rule under subsection (a), the Administrator shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a report on the activities carried out under this section, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.
(f)

Eligible military maintenance technician defined
For purposes of this section, the term eligible military maintenance technician means an individual who is a current or former maintenance technician who was honorably discharged or has retired from the United States Armed Forces (as defined in section 101 of title 10, United States Code) and meets the following requirements:
(1)
The individual presents an official United States Armed Forces record confirming that the individual is or was a military aviation maintenance technician, holding an appropriate Military Occupational Specialty (MOS) Code, as determined by the Administrator, in coordination with the Secretary of Defense.
(2)
The individual presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations.
505.

Prohibition of remote dispatching
(a)

Amendments to prohibition
(1)

In general
Section 44711(a) of title 49, United States Code, is amended—
(A)
in paragraph (9), by striking “or” after the semicolon;
(B)
by redesignating paragraph (10) as paragraph (11); and
(C)
by inserting after paragraph (9) the following new paragraph:
“(10)
work as an aircraft dispatcher outside of a physical location designated as a dispatching center or flight following center of an air carrier; or”.
(2)

Regulations
Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations requiring persons and air carriers to comply with paragraph (10) of section 44711(a) of title 49, United States Code (as added by paragraph (1)).
(3)

Effective date
The amendments made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this section, without regard to whether the regulations required by paragraph (2) have been promulgated as of that date.
(b)

Aircraft dispatching
(1)

In general
Chapter 447 of title 49, United States Code, as amended by section 304(a), is amended by adding at the end the following new section:
“44746.

Aircraft dispatching
(a)

In general
Each air carrier shall establish and maintain sufficient dispatch centers and flight following centers to maintain operational control of each flight of the air carrier at all times.
(b)

Requirements
An air carrier shall ensure that each dispatch center and flight following center of the air carrier—
(1)
has a sufficient number of aircraft dispatchers on duty at the dispatch center or flight following center to ensure proper operational control of each flight of the air carrier at all times;
(2)
has the necessary equipment, in good repair, to maintain proper operational control of each flight of the air carrier at all times; and
(3)
includes the presence of physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center.
(c)

Prohibition
(1)

In general
Subject to paragraph (2), an air carrier may not dispatch aircraft from any location other than the dispatch center or flight following center of the air carrier.
(2)

Emergency authority
In the event of an emergency, an air carrier may dispatch aircraft from a location other than the dispatch center or flight following center of the air carrier for a brief period of time, but not to exceed a period of 24 consecutive hours per location.”.
(2)

Clerical amendment
The analysis for chapter 447 of such title, as amended by section 304(b), is amended by inserting after the item relating to section 44744 the following:
“44746. Aircraft dispatching.”.
506.

Employee assault prevention and response plan standards and best practices
(a)

Sense of Congress
It is the sense of Congress that:
(1)
Each air carrier operating under part 121 of title 14, Code of Federal Regulations, shall submit to the Administrator an Employee Assault Prevention and Response Plan pursuant to section 551 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note).
(2)
Each such air carrier should have in place and deploy an Employee Assault Prevention and Response Plan to facilitate appropriate protocols, standards, and training to equip employees with best practices and the experience necessary to respond effectively to hostile situations and disruptive behavior and maintain a safe traveling experience.
(b)

Required briefing
Section 551 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note) is amended by adding at the end the following new subsection:
“(f)

Briefing to Congress
Not later than 90 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall provide to the appropriate committees of Congress a briefing on the Employee Assault Prevention and Response Plan submitted by each air carrier pursuant to this section.”.
507.

Crewmember self-defense training
Section 44918(a) of title 49, United States Code, is amended—
(1)
in paragraph (1), by inserting “and unruly passenger behavior” before the period at the end;
(2)
in paragraph (2)—
(A)
by striking subparagraph (A) and inserting the following:
“(A)
Recognize suspicious behavior and activities and determine the seriousness of any occurrence.” ;
(B)
in subparagraph (D), by inserting “, including training to defend against the use of edged or contact weapons” before the period at the end;
(C)
by striking subparagraph (H) and inserting the following:
“(H)
De-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee.” ;
(D)
by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and
(E)
by inserting after subparagraph (H) the following:
“(I)
Methods to subdue and restrain an active attacker.” ;
(3)
by striking paragraph (4) and inserting the following:
“(4)

Minimum standards
Not later than 180 days after the date of enactment of the FAA Reauthorization Act of 2023, the Administrator of the Transportation Security Administration, in consultation with the Federal Air Marshal Service and the Aviation Security Advisory Committee, shall establish minimum standards for—
(A)
the training provided under this subsection and for recurrent training; and
(B)
the individuals or entities providing such training.”;
(4)
in paragraph (6)—
(A)
in the first sentence—
(i)
by inserting “and the Federal Air Marshal Service” after “consultation with the Administrator”;
(ii)
by striking “and periodically shall” and inserting “and shall periodically”; and
(iii)
by inserting “based on changes in the potential or actual threat conditions” before the period at the end; and
(B)
in the second sentence, by inserting “, including self-defense training expertise and experience” before the period at the end; and
(5)
by adding at the end the following:
“(8)

Air carrier accommodation
An air carrier with a crew member participating in the training program under this subsection shall provide a process through which each such crew member may obtain reasonable accommodations.”.
508.

Improving apron safety
(a)

Study and report on engine ingestion zone and jet blast zone accidents
(1)

Study
The Administrator shall conduct a study on ways to minimize or eliminate engine ingestion zone and jet blast zone accidents, including through—
(A)
improving markings on the apron to clearly define and graphically indicate the engine ingestion zones and envelope of safety for the variety of aircraft that may park at the same gate of the airport;
(B)
incorporating markings on aircraft to indicate the engine inlet danger zone, using hazard warning stripes, decals, or other measures;
(C)
limiting ground service personnel access to an aircraft until the engines of the aircraft are no longer running, the beacon on top of the aircraft has been turned off, the individual blades of the engine fan can be observed, and there is a notification from the flight deck crew confirming the engines are off (including the time for cool down, particularly for engines with low ground clearance);
(D)
improving aircraft engine design to prevent or minimize engine ingestion, such as the use of stationary inlet guide vanes or engine guarding;
(E)
improving the use of or requirements for Auxiliary Power Units (APUs) or electrical systems maintenance or incorporating changes to other systems or apron operation procedures to eliminate or minimize the length of time an aircraft engine runs (or be permitted to run) while the aircraft is at the gate or stopped on the ground; and
(F)
improving communication devices and requirements for operable radios and headsets.
(2)

Report
Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with recommendations for such legislative or administrative action as determined appropriate by the Administrator.
(b)

Improved training
(1)

In general
Not later than 1 year after the date of enactment of this section, the Administrator may, as appropriate, develop and publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews (including supervisory employees) that includes information on—
(A)
the specific dangers and consequences of entering engine ingestion or jet blast zones;
(B)
proper protocols to avoid entering an engine ingestion or jet blast zone; and
(C)
on-the-job, instructor-led training to physically demonstrate the engine ingestion zone boundaries and jet blast zones for each kind of aircraft the ground crew may encounter.
(2)

Training regulations
Not later than 180 days after the publication of the training and related educational materials described in paragraph (1), the Administrator may promulgate regulations to require any new, transferred, or current (as of the date of enactment of this section) employee of the FAA to receive the relevant engine ingestion and jet blast zone hazard training before such employee may perform work on the apron.
509.

Aviation Medical Innovation and Modernization Working Group
(a)

In general
Not later than 120 days after the date of enactment of this section, the Administrator shall establish the Aviation Medical Innovation and Modernization Working Group (in this section referred to as the “Working Group”) and appoint members of the Working Group in accordance with subsection (b).
(b)

Membership
(1)

Number
The members of the Working Group shall not exceed 20 individuals.
(2)

Composition
(A)

Federal Air Surgeon
The Federal Air Surgeon shall be a member of the Working Group and shall be the Chair of the Working Group.
(B)

Senior Aviation Medical Examiners
In addition to the Federal Air Surgeon, at least 8 members of the Working Group shall be individuals who are Senior Aviation Medical Examiners.
(C)

Other members
In addition to the Federal Air Surgeon and the members appointed under subparagraph (B), the remaining members shall be licensed medical physicians with substantial expertise in—
(i)
aerospace medicine;
(ii)
psychological medicine;
(iii)
neurological medicine;
(iv)
cardiovascular medicine; or
(v)
internal medicine.
(D)

Preference in appointments
The Administrator shall give preference to appointing members of the Working Group who are Aviation Medical Examiners or licensed medical physicians who have demonstrated research and expertise in aviation medical issues.
(E)

Use of subgroups
The Working Group Administrator may use subgroups to develop the recommendations under subsection (c).
(c)

Recommendations
The Working Group shall develop a report that includes recommendations with respect to the following areas:
(1)
Evaluation of the conditions an Aviation Medical Examiner can issue (CACI).
(2)
Improvements and reforms to the Special Issuance process, including whether, after initial medical certification by the FAA, renewals can be based on a medical evaluation and treatment plan by a pilot’s treating medical specialist with concurrence from the pilot’s Aviation Medical Examiner.
(3)
Development of an online medical portal administered by the FAA that—
(A)
adheres to cybersecurity protections and protocols;
(B)
authorizes Aviation Medical Examiners, pilots, or their designee, to securely share medical records;
(C)
provides timely updates for a pilot’s medical application and improves return to flying timelines;
(D)
provides pilots with the ability to submit additional information requested from the FAA;
(E)
includes the method to contact the reviewing office; and
(F)
such other requirements as the Working Group may recommend.
(4)
The use of technologies to address forms of red-green color blindness for pilots.
(5)
Improvements to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder protocols.
(6)
Improvements to neurology protocols, specifically, stroke, head injury, and known loss of consciousness.
(7)
Improvements to FAA mental health protocols, including, but not limited to, mental health conditions such as depression and anxiety, the use of medications for treating mental health conditions, and neurocognitive testing rules and applicability.
(d)

Report
Not later than 1 year after the date on which the Working Group is established—
(1)
the Working Group shall submit the report developed in accordance with subsection (c) to the Administrator, along with recommendations for such legislation and administrative action as the Working Group determines appropriate; and
(2)
the Administrator shall submit such report and recommendations to the appropriate committees of Congress.
(e)

Actions by the Administrator
The Administrator may take such action as the Administrator determines appropriate to implement the recommendations in the report under submitted under subsection (d).
(f)

Exemption from the Federal Advisory Committee Act
Chapter 10 of title 5, United States Code, shall not apply to the Working Group.
(g)

Sunset
The Working Group shall terminate on the date on which the Working Group submits the report required by subsection (d).
510.

Airman Certification Standards
(a)

In general
The Administrator shall use the Aviation Rulemaking Advisory Committee Airman Certification System Working Group (in this section referred to as the “Working Group”) to obtain industry recommendations on maintaining and updating Airman Certification Standards.
(b)

Duties
In carrying out its activities, the Working Group shall—
(1)
ensure that testing remains correlated and corresponds to current regulations, procedures, equipment, aviation infrastructure, and safety trends;
(2)
work with industry to solicit recommendations on airman certification and testing, including new, and revisions to existing, Airman Certification Standards guidance documents and airman tests; and
(3)
ensure other tasks carried out by the Working Group are addressed and completed in a timely and efficient manner.
B

FAA Workforce
521.

Air traffic control staffing standards
(a)

FAA air traffic control staffing standards
The Administrator shall complete the requirements of subsection (b) and implement revisions to the FAA Certified Professional Controller (in this section referred to as “CPC”) operational staffing targets, in consultation with appropriate stakeholders including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code, by September 30, 2024.
(b)

National Academy of Sciences study
(1)

Study
Not later than 30 days after the date of enactment of this section, the Administrator shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine (in this subsection referred to as the “National Academies”) under which the National Academies will conduct a study of the methodology used by the Collaborative Resource Workgroup (in this subsection referred to as “CRWG”) to determine CPC operational staffing targets needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system.
(2)

Contents
The study required by paragraph (1) shall include the following elements:
(A)
A review of similarities and discrepancies between methodologies used to develop the CRWG CPC operational staffing targets and the staffing targets developed by the FAA as reflected by the staffing standards used in the 2023 Controller Workforce Plan.
(B)
An examination of the discrepancies between the CRWG CPC staffing targets and the FAA-developed CPC staffing standards used in the 2023 Controller Workforce Plan that contribute to a significant divergence in operational staffing headcounts (including with respect to CPCs, CPCs-in-training at new facilities, and trainees), CPC staffing targets, and staffing needs for air traffic controllers between fiscal year 2027 and fiscal year 2032 to ensure the safe and efficient operation of the national airspace system.
(C)
An evaluation of—
(i)
air traffic in the airspace of each air traffic control facility operated by the FAA;
(ii)
air traffic controller position utilization;
(iii)
attrition rates at each air traffic control facility operated by the FAA; and
(iv)
the time needed to meet facility operational, statutory, and contractual requirements, including resources to develop, evaluate, and implement processes and initiatives affecting the national airspace system.
(D)
For each air traffic control facility operated by the FAA, a description of—
(i)
the current CPC staffing levels;
(ii)
the operational staffing targets for CPCs;
(iii)
the anticipated CPC attrition for each of the next 3 years; and
(iv)
the number of CPC trainees.
(E)
An examination of the FAA’s current and estimated budgets and funding needed to implement the CRWG CPC operational staffing targets and needs in comparison to such funding needed to implement the staffing standards developed by the FAA as reflected in the 2023 Controller Workforce Plan.
(F)
An analysis of the recommendations included in Transportation Research Board Special Report 314, titled “The Federal Aviation Administration’s Approach for Determining Future Air Traffic Controller Staffing Needs” that have not yet been addressed or implemented by the Administrator.
(G)
Recommendations for further action by the Administrator, as appropriate, to—
(i)
address operational staffing requirements to meet facility operational, statutory, and contractual requirements; and
(ii)
provide fulsome air traffic controller staffing to ensure the safe and efficient operation of the national airspace system, including the integration of new users, technologies, and procedures.
(3)

Consultation
In conducting the study required by paragraph (1), the National Academies shall consult with—
(A)
Federal Government and industry representatives;
(B)
the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and
(C)
other parties determined appropriate by the National Academies.
(4)

Reports
(A)

To the Administrator
Not later than 180 days after the date of enactment of this section, the National Academies shall submit to the Administrator a report on the results of the study required by paragraph (1), together with recommendations determined appropriate by the National Academies.
(B)

To Congress
Not later than 180 days after the date on which the National Academies submits the report under subparagraph (A), the Administrator shall submit to the appropriate committees of Congress a report describing—
(i)
the results of the study required by paragraph (1);
(ii)
the report submitted by the National Academies, including the recommendations of the National Academies; and
(iii)
the Administrator's implementation action required by subsection (a).
(c)

Revisions to the controller workforce plan
Section 44506(e) of title 49, United States Code is amended—
(1)
in paragraph (1)—
(A)
by inserting “Collaborative Resource Workgroup (CRWG)” before “staffing standards”; and
(B)
by striking “the number of air traffic controllers needed” and inserting “the number of fully certified air traffic controllers needed”;
(2)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(3)
by adding after paragraph (1) the following new paragraph:
“(2)
for each air traffic control facility operated by the Federal Aviation Administration—
(A)
the current certified professional controller staffing levels;
(B)
the Collaborative Resource Workgroup (CRWG) operational staffing targets for certified professional controllers;
(C)
the anticipated certified professional controller attrition for each of the next 3 years; and
(D)
the number of certified professional controller trainees;”.
(d)

Effective date
The amendments made by subsection (c) shall take effect and apply to any reports submitted pursuant to section 44506(e) of title 49, United States Code, for each Controller Workforce Plan submitted after September 30, 2024.
522.

FAA Workforce review audit
(a)

In general
Not later than 90 days after the date of enactment of this section, the Inspector General of the Department of Transportation shall initiate an audit of any FAA workforce plans related to aviation safety completed during the past 5 fiscal years.
(b)

Contents
In conducting the audit under subsection (a), the Inspector General shall—
(1)
identify whether any safety-critical positions have not been reviewed within the timeframe specified in subsection (a);
(2)
review FAA workforce gaps in safety-critical and senior positions, including the average vacancy period of such positions during the latest fiscal year;
(3)
review whether existing FAA workforce development programs are producing intended results, such as increased recruitment and retention of agency personnel; and
(4)
evaluate the extent to which the FAA leverages its direct hire authority to recruit subject matter experts and other technical personnel to fill key senior and technical positions.
(c)

Report and recommendations
(1)

Inspector General report
Not later than 1 year after the date of enactment of this section, the Inspector General shall submit to the Administrator and the appropriate committees of Congress a report on the results of the audit conducted under subsection (a), together with recommendations for such legislative and administrative action as the Inspector General determines appropriate.
(2)

Congressional briefing
Not later than 90 days after receiving the report under paragraph (1), the Administrator shall provide a briefing to appropriate committees of Congress on—
(A)
the Administrator’s response to the recommendations of the Inspector General contained in such report; and
(B)
any plans of the Administrator for the implementation of such recommendations.
523.

Direct hire authority utilization
(a)

In general
Section 40122 of title 49, United States Code, is amended by adding at the end the following:
“(k)

Direct hire authority
The Administrator of the Federal Aviation Administration shall utilize existing direct hire authority to expedite the hiring process and hire individuals on a non-competitive basis for safety critical and safety technical positions related to aircraft certification and aviation safety more broadly to maintain the gold standard of aviation safety and, as necessary, fulfill any gaps identified in workforce reviews at the Federal Aviation Administration.”.
(b)

Congressional briefing
Not later than 180 days after the date of enactment of this section, and annually thereafter through 2028, the Administrator shall brief the appropriate committees of Congress on the status of—
(1)
utilization of the direct hire authority described subsection (k) of such section 40122, as added subsection (a); and
(2)
the number of employees hired under such authority, the relevant line of business to which such employees were hired, and the occupation type of the positions filled.
524.

Staffing model for aviation safety inspectors
(a)

In general
Not later than October 1, 2024, the Administrator shall review and revise as necessary the staffing model for aviation safety inspectors.
(b)

Requirements
(1)

Consideration of prior studies and reports
In revising the model, the Administrator shall take into consideration the recommendations outlined in the following:
(A)
The 2006 report released by the National Research Council entitled “Staffing Standards for Aviation Safety Inspectors”.
(B)
The 2007 study released by the National Academy of Sciences entitled “Staffing Standards for Aviation Safety Inspectors”.
(C)
The 2013 report released by Grant Thornton LLP, entitled “ASTARS Gap Analysis Study: Comparison of the AVS Staffing Model for Aviation Safety Inspectors to the National Academy of Sciences’ Recommendations Final Report”.
(D)
The 2021 report released by the Inspector General of the Department of Transportation entitled “FAA Can Increase Its Inspector Staffing Model’s Effectiveness by Implementing System Improvements and Maximizing Its Capabilities”.
(E)
The FAA Fiscal Year 2023 Aviation Safety Workforce Plan conducted to satisfy the requirements of section 104 of the Aircraft Certification, Safety, and Accountability Act, as enacted in the Consolidated Appropriations Act, 2021 (49 U.S.C. 44701 note).
(2)

Service and Office staffing level
The model will project staffing at the service and office level and require managers to use the model as part of the resource assessment for aviation safety inspector resources.
(3)

Attrition
The aviation safety inspector staffing model will take into consideration forecasted attrition.
(4)

Consultation
In revising the model, the Administrator shall consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors certified under section 7111 of title 5, United States Code.
525.

Safety critical staffing
(a)

Implementation of staffing standards for safety inspectors
Upon completion of the revised staffing model for aviation safety inspectors under section 524, and validation of the model by the Administrator, the Administrator shall take all appropriate actions in response to the number of aviation safety inspectors, aviation safety technicians, and operation support positions that such model determines are required to meet the responsibilities of the Flight Standards Service and Aircraft Certification Service, including increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service per fiscal year as appropriate, provided that such staffing increases shall be measured relative to the number of persons serving in safety critical positions as of September 30, 2023. Any increase in safety critical staffing pursuant to this subsection shall be subject to the availability of appropriations.
(b)

Safety critical positions defined
In this section, the term safety critical positions means—
(1)
aviation safety inspectors, aviation safety specialists (1801 series), aviation safety technicians, and operations support positions in the Flight Standards Service; and
(2)
manufacturing safety inspectors, pilots, engineers, Chief Scientist Technical Advisors, aviation safety specialists (1801 series), safety technical specialists, and operational support positions in the Aircraft Certification Service.
526.

Instrument landing system installation
(a)

In general
Section 44502(a)(4) of title 49, United States Code, is amended by adding at the end the following:
“(C)

Installation
The Administrator shall expedite the installation of at a minimum 15 instrument landing systems (referred to in this subparagraph as ILS) in the national airspace system by January 1, 2025, by utilizing the existing ILS contract vehicle and the Federal Aviation Administration workforce.”.
(b)

Expedited installation of ILS equipment
(1)

In general
Not later than 180 days after the date of enactment of this section, the Administrator shall initiate action to utilize the existing instrument landing systems (referred to in this subsection as ILS) contract vehicle and FAA employees in facilitating the expedited installation of ILS equipment into the national airspace system. In carrying out this subsection, the Administrator shall—
(A)
incorporate lessons learned from the installations under section 44502(a)(4) of title 49, United States Code;
(B)
record metrics of cost and time savings of expedited installations; and
(C)
consider opportunities to further develop ILS technical expertise among the FAA workforce.
(2)

Considerations
During the implementation planning to carry out this subsection and subparagraph (C) of section 44502(a)(4) of title 49, United States Code, as added by subsection (a), the Administrator shall consider the cost-benefit analysis of utilizing the existing ILS contract vehicle, the FAA workforce, or both, to accelerate the installation and deployment of procured equipment.
(3)

Report to congress
Not later than June 30, 2025, the Administrator shall report to the appropriate committees of Congress on the ILS installation results, near-term ILS installations planned, and shall outline the FAA’s approach to accelerate future procurement and installation of ILS throughout the national airspace system in a manner consistent with the requirements of title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58).
527.

Aviation Certification Fellowship Program
(a)

Program
(1)

Establishment
(A)

In general
Not later than 1 year after the date of enactment of this section, the Administrator shall establish within the FAA a program to be known as the “Aviation Certification Professional Fellowship Program” (in this section referred to as the “Program”) to facilitate the assignment of individuals from a private-sector organization to the FAA to serve on a temporary basis in positions relating to aircraft certification.
(B)

Appointments
In appointing individuals under the Program, the Administrator shall enter into agreements with private-sector organizations employing such individuals and selected individuals to participate in the Program pursuant to terms and conditions of service determined appropriate by the Administrator.
(C)

Actions subject to availability of funds
Any action taken by the Administrator under this section shall be subject to the availability of appropriations authorized under subsection (e).
(2)

Responsibilities
(A)

Guidelines
The Administrator shall establish guidelines related to the activities and responsibilities of the fellowships under subsection (b).
(B)

Qualifications
The Administrator shall prescribe the qualifications required for designation of certification professional fellowships under subsection (b).
(C)

Authority
In order to carry out the provisions of this section, the Administrator may—
(i)
appoint, assign the duties of, and transfer such personnel as may be necessary;
(ii)
make appointments with respect to temporary and intermittent services;
(iii)
enter into contracts, cooperative agreements, and other transactions without regard to section 6101 of title 41, United States Code;
(iv)
accept funds from other Federal departments and agencies to pay for, and add to, activities authorized by this section; and
(v)
promulgate such rules and regulations as may be necessary and appropriate.
(b)

Special rules for fellowships
Under the Program, the Administrator shall do the following:
(1)
Appoint highly qualified, experienced professionals to advisory positions related to certification that require specialized, unique, or extensive skills in occupations within the FAA, and allow such professionals to occupy specialty or hard-to-fill positions that require specialized knowledge of aircraft design, manufacturing, safety, and certification processes.
(2)
Allow appointed individuals to be utilized across the aircraft certification spectrum as appropriate.
(3)
Open the fellowships to citizens and nationals of the United States.
(4)
Limit the term of appointment to up to 1 year with an option to extend for up to an additional year (with no appointment exceeded a total of 2 years).
(5)
Reserve the right to terminate individuals participating in the fellowship for any violation of the terms and conditions of service established by the Administrator.
(6)
Make clear that any responsibilities of individuals participating in the fellowship program constitute acting in an advisory role for aircraft certification and are subject to conflict-of-interest conditions and FAA supervision and control.
(c)

Rules for pay and benefits for individuals employed by private-sector organizations
An individual employed by a private-sector organization who is participating in the Program at the FAA shall continue to receive pay and benefits from such private-sector organizations and shall not receive pay or benefits from the FAA for the duration of the individual's participation in the Program.
(d)

Conflicts of interest
The Administrator shall implement policies to identify, mitigate, and manage any perceived or actual conflict of interest as a condition of an individual’s participation in the Program. Such policies shall include the following:
(1)
A prohibition on an individual participating in the Program from being assigned to a position that has decision-making authority or influence over an application or project submitted to the FAA by the private-sector organization employing such individual.
(2)
A requirement that an individual participating in the Program who has access to proprietary or non-public information at the FAA must sign a non-disclosure agreement prohibiting the sharing of such information that is of commercial value with the private-sector organization employing such individual or with other individuals (whether or not employed by such private-sector organization) or organizations, during the period of the individual’s participation in the Program and after the individual's participation in the Program has concluded.
(3)
A prohibition on an individual participating in the Program from improperly using pre-decisional or draft FAA information that such individual may be privy to or aware of during, or as a result of, the individual's participation in the Program for the benefit of the private-sector organization employing such individual,
(4)
Appropriate post-service limitations for individuals participating in the Program.
(5)
Other elements determined appropriate by the Administrator.
(e)

Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended.
(f)

Rule of construction
Nothing in this section shall be construed as a delegation of authority by the Administrator to individuals participating in the Program.
(g)

Program review and report
(1)

Review
The Comptroller General of the United States (in this subsection referred to as the “Comptroller General”) shall conduct a comprehensive review of the Program, including the impact of the Program on the FAA’s aircraft certification processes and the presence of any conflicts of interest under the Program.
(2)

Report
Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
(h)

Sunset
The Program shall terminate on the date that is 5 years after the date of enactment of this section.
(i)

Certified professional defined
In this section, the term certification professional means an individual with expertise and background in a line or field that is concerned with, or likely to improve, the safety certification of aircraft and other airborne objects and systems, including the following:
(1)
Aerospace engineering.
(2)
Aerospace physiology.
(3)
Aeronautical engineering.
(4)
Airworthiness engineering.
(5)
Electrical engineering.
(6)
Human factors engineering.
(7)
Software engineering.
(8)
Systems engineering.
528.

Contract Tower Program air traffic controller training programs
Section 47124 of title 49, United States Code, is amended—
(1)
by redesignating subsection (e) as subsection (f);
(2)
by inserting after subsection (d), the following new subsection:
“(e)

Air traffic controller training programs
(1)

In general
Not later than 180 days after the date of enactment of this subsection, the Secretary shall coordinate with air traffic control contractors to create air traffic controller training programs and shall incorporate the use of such programs into new contracts or the exercise of future options entered into under the Contract Tower Program and the Cost-share Program. Such programs shall allow air traffic control contractors to—
(A)
provide initial training to candidates who do not have a Control Tower Operator certificate or Federal Aviation Administration tower credential; and
(B)
provide training to controllers who have completed an approved Air Traffic Collegiate Training Initiative (AT-CTI) program from an accredited school that has a demonstrated successful curriculum.
(2)

Authority
An air traffic control contractor shall be permitted to train controllers under programs established under paragraph (1) notwithstanding section 65.39(a) of title 14, Code of Federal Regulations (as in effect on the date of enactment of this subsection).
(3)

Rule of construction
Nothing in this subsection shall be construed as a delegation of authority by the Administrator to air traffic control contractors for the purposes of conducting initial testing of, and issuing initial certifications to, air traffic controllers.
(4)

Program review
(A)

In general
Not later than 3 years after the incorporation of training programs operated by air traffic control contractors under the Contract Tower Program and the Cost-share Program, the Secretary shall conduct a review of such training programs and issue relevant findings. In conducting the review, the Secretary shall identify the degree to which such programs improve workforce development at air traffic control tower facilities staffed through the Contract Tower Program or the Cost-share Program, air traffic control towers staffed by the Federal Aviation Administration, and any related impact such training may have on air traffic controller staffing more broadly.
(B)

Report
Not later than 1 year after the date on which the Secretary initiates the review required by subparagraph (A), the Secretary shall submit a report to the appropriate committees of Congress on the results of the review, along with such recommendations as the Secretary determines appropriate.
(5)

Definitions
In this subsection, the term demonstrated successful curriculum means an AT-CTI program curriculum with a demonstrated record of graduated students that have enrolled at the FAA Academy and subsequently completed Certified Tower Operator certificates at an 80 percent success rate for a consecutive period of 5 years.
(6)

Sunset
The provisions of this subsection shall terminate on September 30, 2028.”; and
(3)
in subsection (f) (as redesignated by paragraph (1)), by adding at the end the following:
“(3)

Appropriate committees of congress
The term appropriate committees of Congress means—
(A)
the Committee on Commerce, Science, and Transportation of the Senate; and
(B)
the Committee on Transportation and Infrastructure of the House of Representatives.”.
529.

Review of FAA and industry cooperative familiarization programs
(a)

Review
Not later than 270 days after the date of enactment of this section, the Administrator shall complete a review of options for employees of the FAA whose responsibilities directly relate to certification, to gain or enhance technical expertise, knowledge, skills, and abilities, including subject matter relating to innovative and complex aviation technologies, through cooperative training and visitation with aerospace companies.
(b)

Conflicts of interest
In conducting the review in subsection (a), the Administrator shall ensure that such options for FAA employees would occur on a short-term basis and avoid both conflicts of interest and the appearance of such conflicts pursuant to chapter 131 of title 5, United States Code, chapter 11 of title 18, United States Code, subchapter B of chapter XVI of title 5, Code of Federal Regulations, sections 2635.101 and 2635.502 of title 5, Code of Federal Regulations, and any other regulations as deemed appropriate by the Administrator. The Administrator shall also identify any conflicts with FAA policies relating to FAA employee interactions with industry and determine appropriate obligations of such employees upon returning to the FAA after engaging in relevant cooperative training and visitation.
(c)

Considerations
As part of the review required by subsection (a), the Administrator shall consider the following, provided that such actions satisfy conflicts of interest requirements referred to in subsection (b):
(1)
Expanding existing familiarization programs.
(2)
Leveraging cooperative training programs to support credentialing and recurrent training activities for FAA employees.
(3)
Evaluating the options described in subsection (a) based on the level of experience of participating FAA employees and intended benefits related to such participation.
(d)

Report
Not later than 90 days after completing the review required by subsection (a), the Administrator shall submit a report to the appropriate committees of Congress on the results of the review and relevant recommendations.
530.

Improved access to air traffic control simulation training
(a)

Access
The Administrator shall make tower simulator systems (in this section referred to as “TSS”) more accessible to all air traffic controller specialists assigned to an air traffic control tower of the FAA (in this section referred to as an “ATCT”), regardless of facility assignment, by carrying out the following:
(1)

Cloud-based visual database and software system
Not later than 30 months after the date of enactment of this section, the Administrator shall develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS that includes, at a minimum—
(A)
every ATCT’s unique runway layout, approach paths, and lines of sight; and
(B)
specifications that meet all applicable data security requirements.
(2)

Upgrading TSS
Not later than 2 years after the date of enactment of this section, the Administrator shall upgrade existing, permanent TSS so that the TSS is capable of, at a minimum—
(A)
securely and quickly downloading data from the cloud-based visual database and software system implemented under paragraph (1);
(B)
running scenarios for each ATCT involving differing levels of air traffic volume; and
(C)
running scenarios for each ATCT involving varying complexities of air traffic (including, but not limited to, aircraft emergencies, rapidly changing weather, issuance of safety alerts, and recovering from unforeseen events or losses of separation).
(3)

Mobile TSS
Not later than 4 years after the date of enactment of this section, the Administrator shall acquire and implement mobile TSS at each ATCT that is without an existing, permanent TSS so that the mobile TSS is capable of, at a minimum, the functions described in subparagraphs (A), (B), and (C) of paragraph (2).
(b)

Collaboration
In carrying out the activities under subsection (a), the Administrator may collaborate with the exclusive bargaining representative of air traffic controllers certified under section 7111 of title 5, United States Code.
531.

Air Traffic Controller Instructor Pipeline
(a)

In general
No later than 270 days after the date of enactment of this section, the Administrator shall initiate a study examining the pipeline of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over the 5-fiscal year period beginning with fiscal year 2024.
(b)

Contents
The study required by subsection (a) shall include the following:
(1)
An examination of projected instructor staffing targets, including the number of on-the-job instructors needed for the instruction and training of Certified Professional Controllers in Training (CPC-Its).
(2)
Whether involving further retired Certified Professional Controllers (CPCs) as instructors, including for classroom training, would produce improvements in air traffic controller instruction and training.
(3)
Recommendations on how and where to utilize retired certified professional controllers.
(4)
The effect on the ability of active Certified Professional Controllers (CPCs) to carry out on-the-job duties, other than instruction, and any related efficiencies if more retired Certified Professional Controllers (CPCs) were instructors.
(5)
The known vulnerabilities, as categorized by FAA Air Traffic Organization regions, where requiring Certified Professional Controllers (CPCs) to provide instruction and training to Certified Professional Controllers in Training (CPC-Its) is a significant burden on FAA air traffic controller staffing levels.
(c)

Deadline
Not later than 2 years after the date on which the Administrator initiates the study required by subsection (a), the Administrator shall brief the appropriate committees of Congress on the results on the study and any actions that may be taken based on such results.
532.

Ensuring hiring of air traffic control specialists is based on assessment of job-relevant aptitudes
(a)

Review of the air traffic skills assessment
Not later than 180 days after the date of enactment of this section, the Administrator shall review and revise, if necessary, the Air Traffic Skills Assessment (in this section referred to as the AT–SA) administered to air traffic controller applicants described in clauses (ii) and (iii) of section 44506(f)(1)(B) of title 49, United States Code, in accordance with the following requirements:
(1)
The Administrator shall evaluate all questions on the AT–SA and determine whether a peer-reviewed job analysis that ensures all questions test job-relevant aptitudes would result in improvements in the air traffic control specialist workforce pipeline.
(2)
The Administrator shall assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment.
(3)
The Administrator shall assess whether any other revisions to the AT–SA are necessary to enhance the air traffic control specialist workforce pipeline.
(b)

DOT Inspector General report
Not later than 180 days after the date on which the Administrator completes the review and any necessary revision of the AT–SA required under subsection (a), the Inspector General of the Department of Transportation shall submit to the Administrator, the appropriate committees of Congress, and, upon request, to any member of Congress, a report that assesses the reviewed AT–SA and any applicable revisions, a description of any associated actions taken by the Administrator, and any recommended actions to be taken to address the results of the report.
533.

Federal aviation administration academy and facility expansion plan
(a)

Plan
(1)

In general
No later than 90 days after the date of enactment of this section, the Administrator shall initiate the development of a plan to—
(A)
expand overall FAA capacity relating to facilities, instruction, equipment, and training resources to grow the number of developmental air traffic controllers enrolled per fiscal year and support increases in FAA air controller staffing to advance the safety of the national airspace system; and
(B)
establish a second FAA Academy in an area described in paragraph (2).
(2)

Area described
An area described in this paragraph is a metropolitan statistical area in which each of the following is located:
(A)
At least 2 large hub airports.
(B)
An FAA Flight Standards District Office
(C)
An FAA Certificate Management Office.
(D)
An FAA regional headquarters.
(3)

Considerations
In developing the plan under paragraph (1), the Administrator shall consider—
(A)
the resources needed to support an increase in the total number of developmental air traffic controllers enrolled at the FAA Academies;
(B)
the resources needed to lessen FAA Academy attrition per fiscal year;
(C)
how to modernize the education and training of developmental air traffic controllers, including through the use of new techniques and technologies to support instruction, and whether field training can be administered more flexibly, such as at other FAA locations across the country;
(D)
the equipment needed to support expanded instruction, including air traffic control simulation systems, virtual reality, and other virtual training platforms;
(E)
projected staffing needs associated with FAA Academy expansion and the operation of virtual education platforms, including the number of on-the-job instructors needed to educate and train additional developmental air traffic controllers;
(F)
the use of existing FAA-owned facilities and classroom space and identifying potential opportunities for new construction;
(G)
the costs of—
(i)
expanding FAA capacity (as described in paragraph (1)(A)); and
(ii)
establishing a second FAA Academy (as described in paragraph (1)(B));
(H)
soliciting input from, and coordinating with, relevant stakeholders as appropriate, including the exclusive bargaining representative of air traffic control specialists of the FAA certified under section 7111 of title 5, United States Code; and
(I)
other logistical and financial considerations as determined by appropriate the Administrator.
(b)

Report
Not later than one year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress the plan developed under subsection (a).
(c)

Briefing
Not later than 180 days after the submission of the plan under subsection (b), the Administrator shall brief the appropriate committees of Congress on the plan, including the implementation of the plan.
VI

MODERNIZING AIRPORT SYSTEMS
601.

AIP eligibility amendments
Section 47102(3) of title 49, United States Code, is amended—
(1)
in subparagraph (B)—
(A)
in clause (ix), by striking “and” after the semicolon;
(B)
in clause (x), by striking the period and inserting “; and”; and
(C)
by adding at the end the following:
“(xi)
a medium intensity approach lighting system with runway alignment indicator lights.”;
(2)
by redesignating subparagraphs (Q) and (R) as subparagraphs (S) and (T), respectively;
(3)
by redesignating subparagraphs (M) through (P) as subparagraphs (N) through (Q), respectively;
(4)
by inserting after subparagraph (L) the following:
“(M)
constructing or acquiring airport-owned infrastructure or equipment, notwithstanding revenue producing capability, as defined in subsection (24), required for the on-airport distribution or storage of unleaded aviation gas for use by piston-driven aircraft, including on-airport construction or expansion of pipelines, storage tanks, low-emission fuel systems, and airport-owned and operated fuel trucks providing exclusively unleaded aviation fuels, unless the Secretary determines that an alternative fuel may be safely used for a limited time.”;
(5)
by inserting after subparagraph (Q) (as redesignated by paragraph (3)), the following:
“(R)
acquiring or installing new renewable energy generation infrastructure (such as solar, geothermal, or wind) that provide power for on-airport uses and energy storage systems, and necessary substation upgrades to support such infrastructure.”; and
(6)
by inserting after subparagraph (T) (as redesignated by paragraph (2)), the following:
“(U)
initial acquisition (and excluding subsequent upgrades) of an advanced digital construction management system (meaning a computer platform that uses digital technology throughout the life cycle of a capital infrastructure project, including through project phases such as design and construction, when that system is acquired to carry out a project approved by the Secretary under this subchapter.
(V)
reconstructing or rehabilitating an existing crosswind runway provided the sponsor includes reconstruction or rehabilitation of the runway in the sponsor’s most recent approved airport layout plan.”.
602.

Revised minimum apportionments
Section 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following:
“(K)

Minimum apportionment for commercial service airports with more than 4,000 passenger boardings in a calendar year
Not less than $400,000 may be apportioned under subparagraph (A) for each fiscal year to each sponsor of a commercial service airport that had fewer than 8,000 passenger boardings, but at least 4,000 passenger boardings, during the prior calendar year.”.
603.

Apportionments for transitioning airports
Section 47114(f)(3) of title 49, United States Code, is amended—
(1)
in subparagraph (A), by striking “Beginning with the fiscal year” and inserting “For 3 fiscal years”; and
(2)
in subparagraph (B), by striking “fiscal year 2004” and inserting “fiscal years beginning with fiscal year 2024”.
604.

Updating United States Government’s share of project costs
(a)

In general
Section 47109 of title 49, United States Code, is amended—
(1)
by striking subsection (b) and inserting the following:
“(b)

Increased government share
In any State containing unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) of more than 5 percent of the total area of all lands in the State, the Government’s share of allowable project costs provided in subsection (a) shall be—
(1)
unchanged for a project at a large hub airport in the State; or
(2)
95 percent for a project at any other airport in the State.”;
(2)
by striking subsection (c) and redesignating subsections (d) through (f) as (c) through (e), respectively;
(3)
in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following:
“(1)
is not a medium or large hub airport; and”; and
(4)
by inserting after subsection (e), as so redesignated, the following:
“(f)

Special rule for fiscal years 2024 through 2026
Notwithstanding subsection (a), the Government’s share of allowable project costs for a grant made to a nonhub or nonprimary airport in each of fiscal years 2024 through 2026 is 95 percent.”.
(b)

Effective date
The amendments made by subsection (a) shall take effect on October 1, 2023.
605.

Primary airport designation
Section 47114(c)(1) of title 49, United States Code, as amended by section 602, is amended by adding at the end the following:
“(L)

Public airports with military use
Notwithstanding any other provision of law, a public airport shall be considered a nonhub primary airport in fiscal year 2024 for purposes of this chapter if such airport was—
(i)
designated as a primary airport in fiscal year 2017; and
(ii)
in use by an air reserve station in the calendar year used to calculate apportionments to airport sponsors in a fiscal year.”.
606.

Discretionary fund for terminal development costs
(a)

Terminal projects at transitioning airports
Section 47119(c) of title 49, United States Code, is amended—
(1)
in paragraph (4), by striking “or” after the semicolon;
(2)
in paragraph (5), by striking the period at the end and inserting “; or”; and
(3)
by inserting after paragraph (5), the following:
“(6)
not more than $20,00,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title, to the sponsor of a nonprimary airport to pay costs allowable under subsection (a) for terminal development projects, if the Secretary determines (which may be based on actual and projected enplanement trends, as well as completion of an air service development study, demonstrated commitment by airlines to provide commercial service accommodating at least 10,000 annual enplanements, the sponsor’s documented commitment to providing the remaining funding to complete the proposed project, and a favorable environmental finding (including all required permits) in support of the proposed project) that the status of the nonprimary airport is reasonably expected to change to primary status in the next published report under section 47103.”.
(b)

Limitation
Section 47119(f) of title 49, United States Code, is amended by striking “$20,000,000” and inserting “$30,000,000”.
607.

Alternative-delivery and advance-construction methods pilot program
Section 47142 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(d)

Pilot program
(1)

In general
Not later than 180 days after the date of enactment of this subsection, the Administrator shall establish a pilot program under which not less than 5 airport sponsors shall be authorized through the application process under subsection (a) to award a design-build contract for a project that uses alternative-delivery and advance-construction methods, for purposes of evaluating the extent to which such methods expedite project delivery and reduce construction costs.
(2)

Report
Not later than 90 days after the date on which the pilot program ends, the Administrator shall submit to Congress a report on the results of the pilot program, together with recommendations for such legislative or administrative action as the Administrator determines appropriate.”.
608.

Integrated project delivery
(a)

Pilot program
Not later than 270 days after the date of enactment of this section, the Secretary shall establish a pilot program under which the Administrator may award grants for integrated project delivery contracts to carry out up to 5 building construction projects at airports in the United States with a grant awarded under section 47104 of title 49, United States Code.
(b)

Application
(1)

Eligibility
A sponsor of an airport may submit to the Secretary an application, in such time and manner and containing such information as the Secretary may require, to carry out a building construction project under the pilot program that would otherwise be eligible for assistance under chapter 471 of such title 49.
(2)

Approval
The Secretary may approve the application of a sponsor of an airport submitted under paragraph (1) to authorize such sponsor to award an integrated project delivery contract using a selection process permitted under applicable State or local law if—
(A)
the Secretary approves the application using criteria established by the Secretary;
(B)
the integrated project delivery contract is in a form that is approved by the Secretary;
(C)
the Secretary is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design and any other material that the Secretary determines sufficient to approve the grant;
(D)
the Secretary is satisfied that the use of an integrated project delivery contract will be cost effective and expedite the project;
(E)
the Secretary is satisfied that there will be no conflict of interest; and
(F)
the Secretary is satisfied that the contract selection process will be open, fair, and objective and that not less than 2 sets of proposals will be submitted for each team entity under the selection process.
(c)

Reimbursement of costs
Reimbursement of costs shall be based on transparent cost accounting, also known as open book cost accounting. The Secretary may reimburse a sponsor of an airport for any design or construction costs incurred before a grant is made pursuant to this section if—
(1)
the project funding is approved by the Secretary in advance;
(2)
the project is carried out in accordance with all administrative and statutory requirements under chapter 471 of such title 49; and
(3)
the project is carried out under such chapter after a grant agreement has been executed.
(d)

Integrated project delivery contract defined
In this section, the term integrated project delivery contract means a single contract for the delivery of a whole project that—
(1)
includes, at a minimum, the owner, builder, and architect-engineer as parties that are subject to the terms of the contract;
(2)
aligns the interests of all the parties to the contract with respect to the project costs and project outcomes; and
(3)
includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs and project outcomes.
(e)

Expiration of authority
The authority of the Secretary to award grants under the pilot program under this section shall expire on September 30, 2028.
609.

Airport investment partnership program
Section 47134(b) of title 49, United States Code, is amended by adding at the end the following:
“(4)

Benefit-cost analysis
Prior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis. To facilitate the approval process, if a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall—
(A)
be issued within 60 days of the sponsor’s submission of all information required by the Secretary;
(B)
be based upon a collaborative review process that includes the sponsor or sponsor’s representative;
(C)
not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other authority; and
(D)
not constitute any other obligation on the part of the Federal Government until the conditions specified in the final benefit-cost analysis are met.”.
610.

Airport accessibility
(a)

In general
Subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47144 the following:
“47145.

Pilot program for airport accessibility
(a)

In general
The Secretary of Transportation shall establish and carry out a pilot program to award grants to sponsors to carry out capital projects to upgrade the accessibility of commercial service airports for individuals with disabilities by increasing the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 701 note).
(b)

Use of funds
(1)

In general
Subject to paragraph (2), a sponsor shall use a grant awarded under this section—
(A)
for a project to repair, improve, or relocate the infrastructure of an airport, airport terminal, or airport facility to increase accessibility for individuals with disabilities, or as part of a plan to increase accessibility for individuals with disabilities;
(B)
to develop or modify a plan (as described in subsection (e)) for a project that increases accessibility for individuals with disabilities, including—
(i)
assessments of accessibility or assessments of planned modifications to an airport, airport terminal, or airport facility for passenger use, performed by the recipient airport's disability advisory committee (if applicable), the protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; or
(ii)
coordination by the recipient's disability advisory committee with a protection and advocacy system, center for independent living, or similar nonprofit organization; or
(C)
to carry out any other project that meets or exceeds the standards and regulations described in subsection (a).
(2)

Limitation
Eligible costs for a project funded with a grant awarded under this section shall be limited to the costs associated with carrying out the purpose authorized under subsection (a).
(c)

Eligibility
A sponsor—
(1)
may use a grant under this section to upgrade a commercial service airport that is accessible to and usable by individuals with disabilities consistent with the current (as of the date of the upgrade) standards and regulations described in subsection (a); and
(2)
may use the grant to upgrade a commercial service airport that is not accessible and usable as described in paragraph (1), even if the related service, program, or activity, when viewed in its entirely, is readily accessible and usable as so described.
(d)

Selection criteria
In making grants to sponsors under this section, the Secretary shall give priority to sponsors that are proposing—
(1)
a capital project to upgrade the accessibility of a commercial service airport that is not accessible to and usable by individuals with disabilities consistent with standards and regulations described in subsection (a); or
(2)
to meet or exceed the Airports Council International accreditation under the Accessibility Enhancement Accreditation, through the incorporation of universal design principles.
(e)

Accessibility commitment
A sponsor that receives a grant under this section shall adopt a plan under which the sponsor commits to pursuing airport accessibility projects that—
(1)
enhance the customer experience and maximize accessibility of commercial service airports, airport terminals, or airport facilities for individuals with disabilities, including by—
(A)
upgrading bathrooms, counters, or pumping rooms;
(B)
increasing audio and visual accessibility on information boards, security gates, or paging systems;
(C)
updating airport terminals to increase the availability of accessible seating and power outlets for durable medical equipment (such as powered wheelchairs);
(D)
updating airport websites and other information communication technology to be accessible for individuals with disabilities; or
(E)
increasing the number of elevators, including elevators that move power wheelchairs to an aircraft;
(2)
improve the operations of, provide efficiencies of service to, and enhance the use of commercial service airports for individuals with disabilities;
(3)
establish a disability advisory committee, as defined in subsection (h);
(4)
make improvements in personnel, infrastructure, and technology that can assist passenger self-identification regarding disability and needing assistance; and
(5)
address equity of service to all passengers regardless of income, age, race, or ability, taking into account historical and current service gaps for low-income passengers, older individuals, passengers from communities of color, and passengers with disabilities.
(f)

Coordination with disability advocacy entities
In administering grants under this section, the Secretary shall encourage—
(1)
engagement with disability advocacy entities (such as the sponsor's disability advisory committee) and a protection and advocacy system for individuals with disabilities in the applicable State, a center for independent living, or a similar nonprofit organization focused on ensuring individuals with disabilities are able to live and participate in their communities; and
(2)
assessments of accessibility or assessments of planned modifications to commercial service airports to the extent merited by the scope of the capital project of the sponsor proposed to be assisted under this section, taking into account any such assessment already conducted by the Federal Aviation Administration.
(g)

Federal share of costs
The Government’s share of allowable project costs for a project carried out with a grant under this section shall be the Government’s share of allowable project costs specified under section 47109.
(h)

Definitions
In this section:
(1)

Center for independent living
The term center for independent living has the meaning given the term in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a).
(2)

Disability advisory committee
The term disability advisory committee means a body of stakeholders (including airport staff, airline representatives, and individuals with disabilities) that provide to airports and appropriate transportation authorities input from individuals with disabilities, including identifying opportunities for removing barriers, expanding accessibility features and improving accessibility for individuals with disabilities at airports.
(3)

Protection and advocacy system
The term protection and advocacy system means such a system established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
(i)

Funding
Notwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $20,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.”.
(b)

Conforming amendment
The analysis for subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47144 the following:
“47145. Pilot program for airport accessibility.”.
611.

General aviation public-private partnership program
(a)

In general
Subchapter I of chapter 471 of title 49, United States Code, as amended by section 610(a), is amended by inserting after section 47145, the following
“47146.

General aviation public-private partnership program
(a)

In general
The Secretary of Transportation shall establish a program that meets the requirements under this section for improving facilities at—
(1)
general aviation airports; and
(2)
privately owned airports used or intended to be used for public purposes that do not have scheduled air service.
(b)

Application required
The operator or sponsor of an airport, or the community in which an airport is located, seeking, on behalf of the airport, to participate in the program established under subsection (a), shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including—
(1)
an assessment of the needs of the airport for additional or improved hangars, airport businesses, or other facilities;
(2)
the ability of the airport to leverage private sector investments on the airport or develop public-private partnerships to build or improve facilities at the airport; and
(3)
if the application is submitted by a community, evidence that the airport supports the application.
(c)

Limitation
(1)

State limit
Not more than 4 airports in the same State may be selected in any fiscal year to participate in the program established under subsection (a).
(2)

Dollar amount limit
Not more than $500,000 shall be made available for any airport in any fiscal year under the program established under subsection (a).
(3)

Cost share requirement
The Federal cost share for this program shall be no more than 50 percent.
(d)

Priorities
In selecting airports for participation in the program established under subsection (a), the Secretary shall give priority to airports at which—
(1)
the operator or sponsor of the airport, or the community in which the airport is located—
(A)
will provide a portion of the cost of the project for which assistance is sought under the program from local sources;
(B)
will employ best business practices in developing or implementing a public-private partnership; or
(C)
has established, or will establish, a public-private partnership to build or improve facilities at the airport; or
(2)
the assistance will be used in a timely fashion.
(e)

Types of assistance
The Secretary may use amounts made available under this section—
(1)
to provide assistance to market an airport to private entities or individuals in order to leverage private sector investments or develop public-private partnerships for the purposes of building or improving hangars, businesses, or other facilities at the airport;
(2)
to fund studies that consider what measures an airport should take to attract private sector investment at the airport; or
(3)
to participate in a partnership described in paragraph (1) or an investment described in paragraph (2).
(f)

Authority to make agreements
The Secretary may enter into agreements with airports and entities entering into partnerships with airports under this section to provide assistance under this section.
(g)

Funding
Notwithstanding any other provision of this chapter, for each of fiscal years 2024 through 2028, $5,000,000 of the amounts that would otherwise be used to make grants from the discretionary fund under section 47115 for each such fiscal year shall be used by the Secretary to carry out this section for each such fiscal year.”.
(b)

Clerical amendment
The analysis for chapter 471 of such title, as amended by section 610(b), is amended by inserting after the item relating to section 47145 the following:
“47146. General aviation public-private partnership program.”.
612.

Runway rehabilitation
The Administrator shall—
(1)
not restrict funding to resurface the full length of an existing runway within the State of Alaska based solely on reduced current or forecast aeronautical activity levels or critical design type standards;
(2)
within 60 days review requests for runway rehabilitation or reconstruction projects at airports on a case-by-case basis; and
(3)
not reject requests for projects with critical community needs, such as projects in rural communities and villages off the road system, or economic development projects to expand a runway to meet new demands.
613.

Extension of provision relating to airport access roads in remote locations
Section 162 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47102 note) is amended, in the matter preceding paragraph (1), by striking “through 2023” and inserting “through 2028”.
614.

Procurement regulations applicable to FAA multimodal projects
(a)

In general
Any multimodal airport development project that uses grant funding from funds made available to the FAA to carry out subchapter I of chapter 471 of title 49, United States Code, or airport infrastructure projects under the Infrastructure Investment and Jobs Act (Public Law 117–58) shall abide by the procurement regulations applicable to—
(1)
the FAA; and
(2)
subject to subsection (b), the component of the project relating to transit, highway, or rail, respectively.
(b)

Multiple component projects
In the case of a multimodal airport development project described in subsection (a) that involves more than 1 component described in paragraph (2) of that subsection, such project shall only be required to apply the procurement regulations applicable to the component where the greatest amount of Federal financial assistance will be expended.
615.

Solar powered taxiway edge lighting systems
Not later than 2 years after the date of enactment of this section, the Administrator shall issue an engineering brief describing the acceptable use of durable long-term solar powered taxiway edge lighting systems at basic nonprimary airports (as defined in appendix C of the 2023-2027 National Plan of Integrated Airport Systems published by the FAA on September 30, 2022).
616.

Additional ground based transmitters
Notwithstanding any other provision of law, the Administrator is authorized to and shall waive any positive benefit-cost ratio requirement for providing additional ground based transmitters for Automatic Dependent Surveillance–Broadcasts (ADS–B) to provide a minimum operational network in Alaska along major flight routes.
617.

Automated weather observing systems maintenance improvements
Section 533 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44720 note) is amended—
(1)
by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and
(2)
by inserting after subsection (c), the following:
“(d)

Maintenance improvements
(1)

In general
Not later than 18 months after the date of enactment of this subsection, the Administrator shall identify and implement reasonable alternative mitigations to improve maintenance of FAA-owned weather observing systems which experience frequent service outages, including associated surface communication outages.
(2)

Spare parts availability
The mitigations identified by the Administrator shall improve spare parts availability, including consideration of storage of more spare parts in the region of the equipment.
(3)

Application
This subsection shall apply only to airports located in non-contiguous States.
(e)

Notice of outages
(1)

In general
Not later than 18 months after the date of enactment of this subsection, the Administrator shall update FAA Order 7930.2 Notices to Air Missions, or any successive order, to incorporate weather system outages for Automated Weather Observing Systems and Automated Surface Observing Systems associated with Service A Outages.
(2)

Application
This subsection shall apply only to airports located in non-contiguous States.”.
618.

Contract Tower Program
Section 47124 of title 49, United States Code, as amended by section 528, is amended—
(1)
in subsection (b)(3), by adding at the end the following:
“(H)

Period for completion of an Operational Readiness Inspection
The Federal Aviation Administration shall provide airport sponsors that show good faith efforts to join the Contract Tower Program 7 years to complete an Operational Readiness Inspection after receiving a benefit-to-cost ratio.”;
(2)
by redesignating subsection (f) as subsection (h);
(3)
by inserting after subsection (e), the following:
“(f)

Improving situational awareness
(1)

In general
The Administrator of the Federal Aviation Administration shall allow air traffic controllers at Federal Contract Towers to use technology to improve situational awareness including, but not limited to, using Standard Terminal Automation Replacement System (STARS) radar displays, Automatic Dependent Surveillance-Broadcast (ADS-B), Flight Data Input/Output (FDIOs), and Automatic Terminal Information System (ATIS).
(2)

Requirements
To help facilitate the integration of the equipment described in paragraph (1), the Administrator shall—
(A)
establish a set of standards that ensures safety for use of the equipment described in paragraph (1) for the purpose of increased situational awareness;
(B)
identify multiple approved vendors for such equipment if practicable; and
(C)
partner with contract tower providers to define an appropriate initial training program to ensure that any tower radar displays, ADS-B displays, or other equipment are correctly integrated into Federal Contract Tower operations.
(g)

Liability insurance
(1)

In general
The Secretary shall consult with industry experts, including air traffic control contractors and aviation insurance professionals, to determine adequate limits of liability for the Contract Tower Program, including during the period described in paragraph (2) with respect to the determination of adequate excess liability insurance under paragraph (2)(B).
(2)

Interim steps
During the period that begins on the date of enactment of this subsection and ends on the date the Secretary submits the report required by paragraph (3), the Secretary shall require air traffic control contractors to have adequate excess liability insurance (as determined by the Secretary in consultation with industry experts under paragraph (1)) to ensure resilience should a major accident occur.
(3)

Report
Not later than 6 months after the date of enactment of this subsection, the Secretary shall submit a report to the appropriate committees of Congress on the findings, conclusions, and actions taken and planned to be taken to carry out this subsection.
(4)

Appropriate committees of congress
For purpose of this subsection, the term appropriate committees of Congress (as defined in subsection (f)(3)) includes the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.”.
619.

Remote towers
(a)

In general
Section 47124 of title 49, United States Code, as amended by sections 528 and 618, is amended—
(1)
by redesignating subsection (h) as subsection (i); and
(2)
by inserting after subsection (g) (as added by section 725), the following:
“(h)

Milestones for design approval of remote towers
(1)

In general
Not later than 180 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall create a structured program and publish milestones to achieve system design approval for a remote tower system.
(2)

Requirements
In carrying out subparagraph (A), the Administrator shall—
(A)
rely on support from the Airports Office of the Federal Aviation Administration and the Air Traffic Organization of the Federal Aviation Administration, including the Air Traffic Services Service Unit and the Technical Operations Service Unit; and
(B)
not later than September 30, 2024, expand validation and certification of system design approval for a digital or remote tower system to three locations outside of the William J. Hughes Technical Center, as specified in section 161 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note).”.
(b)

Conforming amendments
Section 47124(b) of title 49, United States Code, is amended—
(1)
in paragraph (3)(B)(ii), by inserting “or a remote airport traffic control tower that has received System Design Approval (SDA) from the Federal Aviation Administration” after “an operating air traffic control tower”; and
(2)
in each of clauses (i)(III) and (ii)(III) of paragraph (4)(A), by inserting “or remote air traffic control tower equipment that has received System Design Approval (SDA) from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”.
620.

Grant assurances
Section 47107(a) of title 49, United States Code, is amended—
(1)
in paragraph (7), by striking the semicolon and inserting “, such that there are no unsafe practices or conditions as determined by the Secretary;”;
(2)
in paragraph (20), by striking “and” after the semicolon;
(3)
in paragraph (21), by striking the period at the end and inserting a semicolon; and
(4)
by inserting after paragraph (21), the following:
“(22)
the airport owner or operator will require a fixed based operator, which operates at the airport and also operates facilities at 3 or more additional public-use airports where fuel, parking, and other related services are offered to general aviation aircraft, will publicly disclose on a continuous basis all its prices and fees for the use of its services, products, and facilities at the airport and that the disclosure will—
(A)
be made in an open and conspicuous manner;
(B)
be made available at the point of purchase, in print, and on the internet; and
(C)
include all retail, discounted, or other such prices and fees charged and whether such prices and fees are accepted as payment in full for the products, services, and facilities furnished to airport users;
(23)
the airport owner or operator will not impose unreasonable fees for transient aircraft parking that exceed the airport’s cost to operate and maintain the area where such transient aircraft may park; and
(24)
the airport owner or operator will continue to make available to general aviation aircraft all types of fuel, which were available to such aircraft at that airport at any time during calendar year 2022, until the earlier of—
(A)
December 31, 2030; or
(B)
the date on which a replacement for 100 octane Low Lead aviation gas for use by piston-driven aircraft is widely available for use, as determined by the Secretary.”.
621.

Civil penalties for grant assurances violations
Section 46301(a) of title 49, United States Code, is amended—
(1)
in paragraph (1)(A), by inserting “section 47107(a)(7) (including any assurance made under such section), section 47107(a)(24) (including any assurance made under such section),” after “chapter 451,”; and
(2)
by inserting after paragraph (7), the following:
“(8)

Failure to operate and maintain airports and facilities suitably
(A)
Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(7) (including any assurance made under such section) committed by a person, including if the person is an individual or small business concern, shall be $25,000.
(B)
In determining the amount of a civil penalty under paragraph (1) related to a violation of section 47107(a)(7) (including any assurance made under such section), the Secretary of Transportation shall take into account any mitigating circumstances at the airport and facilities on or connected with the airport.
(9)

Failure to continue offering aviation fuel
Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 47107(a)(24) (including any assurance made under such section) committed by a person, including if the person is an individual or a small business concern, shall be $5,000 for each day that the person is in violation of that section.”.
622.

Community use of airport land
Section 47107(v) of title 49, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “subsection (a)(13)” and inserting “subsections (a)(13), (b), and (c)”;
(B)
by striking “the sponsor has entered” and inserting “the sponsor has—
“(A)
entered”;
(C)
by striking “market value.” and inserting “market value; or”; and
(D)
by adding at the end the following:
“(B)
permanently restricted the use of airport property to compatible recreational and public park use without paying or otherwise obtaining payment of fair market value for the property.”;
(2)
in paragraph (2)—
(A)
by redesignating subparagraphs (A) through (H) as clauses (i) through (viii), respectively, and moving the left margins of each such clause 2 ems to the right;
(B)
by striking “This subsection shall apply only—” and inserting the following:
“(A)

Agreements
Paragraph (1)(A) shall apply only—”; and
(C)
by adding at the end the following:
“(B)

Restrictions
Paragraph (1)(B) shall apply only—
(i)
to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to December 30, 1987;
(ii)
to airport property that has been continuously used for recreational or public park uses since January 1, 1995;
(iii)
if the airport sponsor has provided a written statement to the Administrator that the property to be permanently restricted for recreational and public park use is not needed for any aeronautical use at the time the written statement is provided and is not expected to be needed for any aeronautical use at any time in the future;
(iv)
if the recreational and public park use will not impact the aeronautical use of the airport;
(v)
if the airport sponsor provides a certification that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational or public park use;
(vi)
if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502;
(vii)
if the airport sponsor has continuously leased the property since January 1, 1995, to a local government entity to operate and maintain the property at no cost to the airport sponsor; and
(viii)
if the airport sponsor will—
(I)
continue to lease the property to a local government entity to operate and maintain the property at no cost to the airport sponsor; or
(II)
transfer title to the property to a local government entity subject to a permanent deed restriction ensuring compatible airport use under the criteria of section 47502.”; and
(D)
by adding at the end the following:
“(4)

Aeronautical use; aeronautical purpose defined
(A)

In general
In this subsection, the terms aeronautical use and aeronautical purpose mean all activities that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe.
(B)

Inclusion of services located on an airport
Such terms include services located on an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo.
(C)

Exclusions
Such terms shall not include any uses of an airport that are not described in subparagraph (A) or (B), including any aviation-related uses that do not need to be located on an airport, such as flight kitchens and airline reservation centers.”.
623.

Buckeye 940 release of deed restrictions
(a)

Purpose
The purpose of this section is to authorize the Secretary to issue a Deed of Release from all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed and permit the State of Arizona to deposit all proceeds of the disposition of Buckeye 940 in the appropriate fund for the benefit of the beneficiaries of the Arizona State Land Trust.
(b)

Definitions
In this section:
(1)

Buckeye 940
The term Buckeye 940 means all of section 12, T.1 N., R.3 W. and all of adjoining fractional section 7, T.1 N., R.2 W., Gila and Salt River Meridian, Arizona, which property was the subject of the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949, and which is currently owned by the State of Arizona and held in trust for the beneficiaries of the Arizona State Land Trust.
(2)

Quitclaim Deed
The term Quitclaim Deed means the Quitclaim Deed between the United States and the State of Arizona, dated July 11, 1949.
(c)

Release of any and all interest in Buckeye 940
(1)

In general
Notwithstanding any other provision of law, the United States, acting through the Secretary, shall issue to the State of Arizona a Deed of Release to release all terms, conditions, reservations, restrictions, and obligations contained in the Quitclaim Deed, including any and all reversionary interest of the United States in Buckeye 940.
(2)

Terms and conditions
The Deed of Release described in paragraph (1) shall be subject to such additional terms and conditions, consistent with such paragraph, as the Secretary considers appropriate to protect the interests of the United States.
(3)

No restriction on use of proceeds
Notwithstanding any other provision of law, the State of Arizona may dispose of Buckeye 940 and any proceeds thereof, including proceeds already collected by the State and held in a suspense account, without regard to any restriction imposed by the Quitclaim Deed or by section 155.7 of title 14, Code of Federal Regulations.
(4)

Mineral reservation
The Deed of Release described in paragraph (1) shall include the release of all interests of the United States to the mineral rights on Buckeye 940 included in the Quitclaim Deed.
624.

Clarifying airport revenue use of local general sales taxes
(a)

Written assurances on revenue use
Section 47107(b) of title 49, United States Code, is amended by adding at the end the following:
“(4)
This subsection does not apply to local general sales taxes as provided in section 47133(b)(4).”.
(b)

Restriction on use of revenues
Section 47133(b) of title 49, United States Code, is amended by adding at the end the following:
“(4)

Local general sales taxes
Subsection (a) shall not apply to revenues from generally applicable sales taxes imposed by a local government provided—
(A)
the local government had a generally applicable sales tax that did not exclude aviation fuel in effect prior to December 9, 2014;
(B)
the local government is not a sponsor of a public airport; and
(C)
a large hub airport, which had more than 35,000,000 enplanements in calendar year 2021, is located within the jurisdiction of the local government.”.
625.

AIP handbook review
(a)

In general
Not later than 180 days after the date of enactment of this section, the Associate Administrator for Airports of the FAA, in consultation with the Governor of Alaska, shall identify reasonable exceptions to the AIP Handbook to be implemented by the FAA to meet unique regional circumstances and advance the safety needs of airports in Alaska, including with respect to the following:
(1)
Snow Removal Equipment Building (SREB) size and configuration.
(2)
Expansion of lease areas.
(3)
Shared governmental use of airport equipment in remote locations.
(4)
Ensuring the resurfacing or reconstruction of legacy runways to support—
(A)
aircraft necessary to support critical health needs of a community;
(B)
remote fuel deliveries; and
(C)
firefighting response.
(5)
The use of runway end identifier lights at locations throughout the State.
(b)

Updates to AIP Handbook
(1)

In general
Not later than 60 days after the date on which the Associate Administrator for Airports of the FAA identifies reasonable exceptions under subsection (a), the Administrator shall update the AIP Handbook to incorporate such exceptions to meet the unique circumstances and safety needs of airports in Alaska.
(2)

Consultation
The Administrator shall consult with the Regional Administrator of the FAA Alaskan Region prior to issuing the update to the AIP Handbook required by this section.
626.

PFAS-related resources for airports
(a)

PFAS replacement program for airports
Not later than 90 days after the date on which the Department of Defense approves a fluorine-free firefighting agent to the Qualified Products’ List for products meeting Military Specification MIL-PRE-32725, dated January 12, 2023, the Secretary shall establish a PFAS replacement program, in consultation with the Administrator of the Environmental Protection Agency, and subject to terms, conditions, and assurances acceptable to the Secretary, to reimburse eligible airports for the reasonable and appropriate costs associated with any of the following:
(1)
The one-time initial acquisition by an eligible airport of fluorine-free firefighting alternatives for—
(A)
the capacity of all required aircraft rescue and firefighting (ARFF) equipment listed in the most recent FAA-approved Airport Certification Manual, regardless of how the equipment was initially acquired; and
(B)
twice the quantity carried onboard each required truck available in the fire station for the eligible airport
(2)
The disposal of per- or polyfluoroalkyl products, including fluorinated aqueous film-forming agents, to the extent such disposal is necessary to facilitate the transition to an acceptable fluorine-free agent, including, but not limited to, aqueous film-forming agents currently in fire-fighting equipment, vehicles, and wastewater generated during the cleaning of fire-fighting equipment and vehicles.
(3)
Cleaning or disposal of existing equipment or components thereof, to the extent such cleaning or disposal is necessary to facilitate the transition to an acceptable fluorine-free agent.
(4)
Any equipment or components thereof necessary to facilitate the transition to an acceptable fluorine-free agent.
(5)
Replacement of aircraft rescue and firefighting (ARFF) equipment as determined by the Secretary as necessary to be replaced.
(b)

Distribution of funds
(1)

Grants to replace ARFF vehicles
(A)

In general
The Secretary shall reserve up to $30,000,000 of the amounts appropriated to carry out the PFAS replacement program to make grants to each eligible airport that is designated under part 139 as an Index A airport and does not have existing capabilities to produce fluorine-free foam, to replace aircraft rescue and firefighting (ARFF) vehicles.
(B)

Amount
No grant made to an eligible airport under subparagraph (A) shall exceed $2,000,000.
(2)

Remainder
(A)

Determination of need
With respect to the amount of firefighting foam concentrate required for foam production commensurate with applicable aircraft rescue and firefighting (ARFF) equipment required in accordance with the most recent FAA-approved Airport Certification Manual, the Secretary shall determine—
(i)
the total amount of such concentrate required for all of the Federally required aircraft rescue and firefighting (ARFF) vehicles that meet index requirements under part 139 of each eligible airport, in gallons; and
(ii)
the total amount of nationwide firefighting foam concentrate, in gallons.
(B)

Determination of grant amounts
From the amounts appropriated to carry out the PFAS replacement program that remain after the application of paragraph (1), the Secretary shall make a grant to each eligible airport of the amount equal to the product of—
(i)
the amount of such remaining funds; and
(ii)
the ratio of the amount determined under subparagraph (A)(i) for such eligible airport to the amount determined under subparagraph (A)(ii).
(c)

Program requirements
(1)

In general
The Secretary shall determine the eligibility of costs payable under the PFAS replacement program by taking into account all engineering, technical, and environmental protocols and generally accepted industry standards that are developed or established for fluorine-free foams.
(2)

Compliance with applicable law
All actions related to the acquisition, disposal, and transition to fluorine-free foams, including the cleaning and disposal of equipment, shall be conducted in full compliance with all applicable Federal laws in effect at the time of obligation in order to be eligible for reimbursement under the PFAS replacement program.
(3)

Government share
The Government’s share of allowable costs under the PFAS replacement program shall be 100 percent.
(d)

Authorization of appropriations
(1)

In general
There is authorized to be appropriated not more than $350,000,000 to carry out the PFAS replacement program.
(2)

Requirements
Amounts appropriated to carry out the PFAS replacement program shall—
(A)
remain available for expenditure for a period of 5 fiscal years; and
(B)
be available in addition to any other funding available for similar purposes under any other Federal, State, local, or Tribal program.
(e)

Definitions
In this section:
(1)

Eligible airport
The term eligible airport means an airport holding an Airport Operating Certificate issued under part 139.
(2)

Part 139
The term part 139 means part 139 of title 14, Code of Federal Regulations.
(3)

PFAS replacement program
The term PFAS replacement program means the program established under subsection (a).
627.

Progress reports on the national transition plan related to a fluorine-free firefighting foam
(a)

In general
Not later than 180 days after the date of enactment of this section, and every 180 days thereafter until the progress report termination date described in subsection (c), the Administrator, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Defense, shall submit to the appropriate committees of Congress a progress report on the development and implementation of a national transition plan related to a fluorine-free firefighting foam that meets the performance standards referenced in chapter 6 of AC No: 150/5210-6D and is acceptable under section 139.319(l) of title 14, Code of Federal Regulations, for use at part 139 airports.
(b)

Required information
Each progress report required by subsection (a) shall include the following:
(1)
An assessment of the progress made by the FAA with respect to providing part 139 airports with—
(A)
guidance from the Environmental Protection Agency on acceptable environmental limits relating to such fluorine-free firefighting foam;
(B)
guidance from the Department of Defense on that department's transition to a fluorine-free firefighting foam;
(C)
best practices for the decontamination of existing aircraft rescue and firefighting vehicles, systems, and other equipment used to deploy firefighting foam at part 139 airports; and
(D)
timelines for the release of policy and guidance relating to part 139 airport implementation plans for obtaining approved military specification products and firefighting personnel training.
(2)
A comprehensive list of the amount of rolling stock of firefighting foam at each part 139 airport as of the date of the submission of the progress report and the number of gallons regularly kept in reserve at each such airport.
(3)
An assessment of the progress made by the FAA with respect to providing airports that are not part 139 airports and local authorities with responsibility for inspection and oversight with guidance described in subparagraphs (A) and (B) of paragraph (1) as it relates to the use of fluorine-free firefighting foam at such airports.
(4)
Such other information as the Administrator determines appropriate.
(c)

Progress report termination date
For purposes of subsection (a), the progress report termination date described in this subsection is the date on which the Administrator notifies the appropriate committees of Congress that development and implementation of the national transition plan described in subsection (a) is complete.
(d)

Definition
In this section, the term part 139 airport means an airport certified under part 139 of title 14, Code of Federal Regulations.
628.

Review of airport layout plans
(a)

In general
Section 163 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47107 note) is amended—
(1)
by striking subsection (a) and inserting the following:
“(a)
[Reserved].”; and
(2)
by striking subsection (b) and inserting the following:
“(b)
[Reserved].”.
(b)

Airport layout plan approval authority
Section 47107 of title 49, United States Code, is amended—
(1)
in subsection (a)(16)—
(A)
by striking subparagraph (B) and inserting the following:
“(B)
subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect;”; and
(B)
in subparagraph (C)(i), by striking “subparagraph (B)” and inserting “subsection (x)”; and
(2)
by adding at the end the following new subsection:
“(x)

Scope of the Secretary's airport layout plan review and approval authority
(1)

Authority over projects on land acquired without Federal assistance
For purposes of subsection (a)(16)(B), with respect to any project proposed on land acquired by an airport owner or operator without Federal assistance, the Secretary may only review and approve or disapprove those portions of the plan (or any subsequent revision to the plan) that—
(A)
materially impact the safe and efficient operation of aircraft at, to, or from the airport;
(B)
adversely affect the safety of people or property on the ground as a result of aircraft operations; or
(C)
adversely affect the value of prior Federal investments to a significant extent.
(2)

Limitation on non-aeronautical review
If only a portion of a project proposed by an airport owner or operator is subject to the Secretary’s review and approval under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project.
(3)

Notice
(A)

In general
An airport owner or operator shall submit to the Secretary a notice of intent to proceed with a proposed project (or a portion thereof) that is outside of the Secretary's review and approval authority, as described in this subsection.
(B)

Failure to object
If not later than 45 days after receiving the notice of intent described in subparagraph (A), the Secretary fails to object to such notice, the proposed project (or portion thereof) shall be deemed as being outside the scope of the Secretary’s review and approval authority under subsection (a)(16)(B).”.
629.

NEPA purpose and need statements
(a)

In general
To the extent that the FAA is the lead Federal agency for preparation of an environmental impact statement or an environmental assessment under provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) where an action or approval from more than one Federal agency is required, the FAA shall develop its draft purpose and need statement for the project not later than 45 days after—
(1)
the submission of the airport sponsor’s appropriately completed proposed purpose and need description; and
(2)
any appropriately completed proposed revision to a development project that affects the purpose and need description previously prepared or accepted by the FAA.
(b)

Assistance
The Administrator shall provide all airport sponsors with technical assistance in drafting purpose and need statements and necessary supporting documentation for projects involving Federal approvals from more than one Federal agency.
630.

Passenger facility charge streamlining
(a)

In general
Section 40117 of title 49, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (1), by striking “The Secretary” and inserting “Except as set forth in the streamlining process described in subsection (l), the Secretary”;
(B)
by striking paragraph (4);
(C)
by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively;
(D)
in paragraph (5), as so redesignated—
(i)
by striking “paragraphs (1) and (4)” and inserting “paragraph (1)”; and
(ii)
by striking “paragraph (1) or (4)” and inserting “paragraph (1)”; and
(E)
in paragraph (6)(A), as so redesignated—
(i)
by striking “paragraphs (1), (4), and (6)” and inserting “paragraphs (1) and (5)”; and
(ii)
by striking “paragraph (1) or (4)” and inserting “paragraph (1)”;
(2)
in subsection (e)(1)—
(A)
in subparagraph (A), by inserting “, or a passenger facility charge imposition is authorized under subsection (l)” after “of this section”; and
(B)
in subparagraph (B), by inserting “reasonable” after “subject to”; and
(3)
in subsection (l)—
(A)
in the subsection heading, by striking “Pilot Program for Passenger Facility Charge Authorizations” and inserting “Passenger facility charge streamlining”;
(B)
by striking paragraph (1) and inserting the following:
“(1)

In general
The Secretary shall prescribe regulations to streamline the process for authorizing eligible agencies for airports to impose passenger facility charges. An eligible agency may impose a passenger facility charge in accordance with the provisions of this subsection instead of using the procedures otherwise provided in this section.”;
(C)
by striking paragraph (4) and inserting the following:
“(4)

Acknowledgment of receipt and indication of objection
(A)

In general
The Secretary shall acknowledge receipt of the notice and indicate any objection to the imposition of a passenger facility charge under this subsection for any project identified in the notice within 30 days after receipt of the eligible agency's notice.
(B)

Prohibited objection
The Secretary may not object to an eligible airport-related project that received Federal financial assistance for airport development, terminal development, airport planning, or for the purposes of noise compatibility, provided that the Federal financial assistance and passenger facility charge collection (including interest and other returns on the revenue) does not exceed the total cost of the project.
(C)

Allowed objection
The Secretary may only object to the imposition of a passenger facility charge under this subsection for a project that—
(i)
establishes significant policy precedent;
(ii)
raises significant legal issues;
(iii)
garners significant controversy, as evidenced by significant opposition to the proposed action by the applicant or other airport authorities, airport users, governmental agencies, elected officials, or communities;
(iv)
raises significant revenue diversion, airport noise, or access issues, including compliance with section 47111(e) or subchapter II of chapter 475 of title 49, United States Code; or
(v)
includes multimodal components.”;
(D)
by striking paragraph (6); and
(E)
by redesignating paragraph (7) as paragraph (6).
(b)

Rulemaking
Not later than 120 days after the date of enactment of this section, the Administrator shall commence a rulemaking to implement the amendments made by subsection (a).
(c)

Interim guidance
The interim guidance established in FAA Memorandum “PFC 73-20. Streamlined Procedures for Passenger Facility Charge (PFC) Authorizations at Small-, Medium-, and Large-Hub Airports.” (issued January 22, 2020), as modified by subsection (a), shall remain in effect until the effective date of the final rule promulgated under subsection (b).
631.

Use of passenger facility charges for noise barriers
Section 40117(a)(3) of title 49, United States Code, is amended by adding at the end the following:
“(H)
A project at a small hub airport for a noise barrier where the day–night average sound level from commercial, general aviation, or cargo operations is expected to exceed 55 decibels as a result of new airport development.”.
632.

Automated weather observing systems policy
Not later than 60 days after the date of enactment of this section, the Administrator shall establish a process to collaborate with the Director of the National Weather Service to expedite the Automated Surface Observing Systems (ASOS) and the Service Life Extension Program (SLEP) and ensure adequate spare parts and personnel are available for timely response to outages.
633.

Infrastructure Investment and Jobs Act implementation
(a)

In general
Not later than 180 days after the date of enactment of this section, the Secretary shall distribute administrative funding to assist States participating in the State block grant program in accordance with section 47128 of title 49, United States Code, with program implementation of airport infrastructure projects under the Infrastructure Investment and Jobs Act (Public Law 117–58).
(b)

Funding source
Administrative funds to States under this section shall be distributed from the funds made available in the Infrastructure Investment and Jobs Act for personnel, contracting, and other costs to administer and oversee grants of the Airport Infrastructure Grants, Contract Tower Competitive Grant Program, and Airport Terminal Program.
(c)

Administrative funds
With respect to administrative funds made available for fiscal years 2022 through 2026—
(1)
the amount of administrative funds available for distribution under subsection (b) shall be an amount equal to a percentage determined by the Secretary, but not less than 2 percent, of the annual allocations provided under the heading “Airport Infrastructure Grants” under the heading “Federal Aviation Administration” in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 1416) to non-primary airports participating in the State’s block grant program each fiscal year of the Airport Infrastructure Grant program;
(2)
administrative funds distributed under subsection (b) shall be used by such States to—
(A)
administer and oversee, as outlined in the Memorandum of Agreement or current agreements between the FAA and the State, all airport grant program funds provided under the Infrastructure Investment and Jobs Act to non-primary airports participating in the State’s block grant program, whether through direct allocation or through competitive selection; and
(B)
carry out the public purposes of supporting eligible and justified airport development and infrastructure projects as provided in the Infrastructure Investment and Jobs Act; and
(3)
except as provided in subsection (d), such administrative funds shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than December 1 of each fiscal year in which the Infrastructure Investment and Jobs Act provides airport grant program funds.
(d)

Initial distribution
With respect to administrative funds made available for fiscal years 2022 and 2023, funds available as of the date of enactment of this section shall be distributed to such States through a cooperative agreement executed between the State and the FAA not later than 30 days after such date of enactment.
634.

Report on airport notifications
Not later than 90 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the FAA's progress with respect to—
(1)
collecting more accurate data in notices of construction, alteration, activation, and deactivation of airports as required under part 157 of title 14, Code of Federal Regulations; and
(2)
making the database under part 157 of title 14, Code of Federal Regulations, more accurate and useful for aircraft operators, particularly for helicopter and rotary wing type aircraft operators.
635.

Coastal airports resiliency study
(a)

Study
The Administrator shall work with the Administrator of the National Oceanic and Atmospheric Administration and the United States Army Corps of Engineers to identify best practices for, and study the feasibility of, improving resiliency of airports in coastal or flood-prone areas.
(b)

Report
Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report describing the results of the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Administrator determines appropriate.
636.

Survey of power distribution capacity
Section 47140(a) of title 49, United States Code, is amended by inserting “power distribution capacity and location,” after “back-up power,”.
637.

Study on competition and airport access
Not later than 180 days after the date of enactment of this section, the Secretary shall report to the appropriate committees of Congress—
(1)
specific actions the Secretary and the Administrator, using existing legal authority, can take to expand access for lower cost passenger air carriers to capacity constrained airports in the United States, including, but not limited to, New York John F. Kennedy International Airport (JFK) and New York/Newark Liberty International Airport (EWR); and
(2)
any additional legal authority the Secretary and the Administrator require in order to make additional slots at JFK and runway timings at EWR available to lower cost passenger air carriers.
638.

Regional airport capacity study
(a)

In general
Not later than 90 days after the date of enactment of this section, the Administrator shall initiate a study on the following:
(1)
Existing FAA policy and guidance that govern the siting of new airports or the transition of general aviation airports to commercial service.
(2)
Ways that existing regulations and policies could be streamlined to facilitate the development of new airport capacity, particularly in high-demand air travel regions looking to invest in new airport capacity.
(3)
Whether Federal funding sources (existing as of the date of enactment of this section) that are authorized by the Secretary could be used for such purposes.
(4)
Whether such Federal funding sources meet the needs of the national airspace system for adding new airport capacity outside of the commercial service airports in operation as of the date of enactment of this section.
(5)
If such Federal funding sources are determined by the Administrator to be insufficient for the purposes described in this subsection, an estimate of the funding gap.
(b)

Report
Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislative or administrative action as the Administrator determines appropriate.
(c)

Guidance
Not later than 18 months after the date of enactment of this section, the Administrator shall revise FAA guidance to incorporate the findings of the study conducted under subsection (a) to assist airports and State and local departments of transportation in increasing airport capacity to meet regional air travel demand.
639.

Study on autonomous and electric-powered track systems
(a)

Study
The Administrator shall conduct a study to develop a standard for autonomous and electric-powered track systems that—
(1)
are located underneath the pavement at an airport; and
(2)
allow a transport category aircraft to taxi without the use of the main engines of the aircraft.
(b)

Report
Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a report detailing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Administrator determines appropriate.
640.

Special rule for reclassification of certain unclassified airports
(a)

Request for reclassification
(1)

In general
Not later than September 30, 2024, a privately owned reliever airport (as defined in section 47102 of title 49, United States Code) that is identified as unclassified in the National Plan of Integrated Airport Systems, 2023–2027 (as published under section 47103 of title 49, United States Code) may submit to the Secretary a request to reclassify the airport according to the criteria used to classify a public airport.
(2)

Required information
In submitting a request under paragraph (1), the privately owned reliever airport shall include the following information:
(A)
A sworn statement and accompanying documentation that demonstrates how the airport would satisfy the requirements of FAA Order 5090.5, titled “Formulation of the NPIAS and ACIP”, (or any successor guidance) to be classified as “Local” or “Basic” if the airport was publicly owned.
(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 transferring the airport to a public sponsor; and
(B)
may not require the airport to obtain a public sponsor.
(c)

Reclassification by the Secretary
(1)

In general
Not later than 60 days after receiving a request from a privately owned reliever airport under subsection (a)(1), the Secretary shall grant such request if the following criteria are met:
(A)
The request includes the required information under subsection (a)(2).
(B)
The privately owned reliever airport, to the satisfaction of the Secretary passes the eligibility review performed under subsection (b).
(2)

Corrective action plan
(A)

In general
With respect to a privately owned reliever airport that does not, to the satisfaction of the Secretary, pass the eligibility review performed under subsection (b), the Secretary shall provide notice of disapproval to such airport not later than 60 days after receiving the request under subsection (a)(1), and such airport may resubmit to the Secretary a reclassification request along with a corrective action plan that—
(i)
resolves any shortcomings identified in such eligibility review; and
(ii)
proves that any necessary corrective action has been completed by the airport.
(B)

Evaluation
Not later than 60 days after receiving a corrective action plan under subparagraph (A), the Secretary shall grant the reclassification request of any privately owned reliever airport if such airport submit such corrective action plan to the satisfaction of the Secretary.
(d)

Effective date
The reclassification of any privately owned reliever airport under this section shall take effect not later than—
(1)
fiscal year 2025 for any request granted under subsection (c)(1); and
(2)
fiscal year 2026 for any request granted after the submission of a corrective action plan under subsection (c)(2).
641.

General aviation airport runway extension pilot program
(a)

In general
Subchapter I of chapter 471 of title 49, United States Code, as amended by section 611(a), is amended by adding at the end the following new section:
“47147.

General aviation program runway extension pilot program.
(a)

Establishment
Not later than 120 days after the date of enactment of this section, the Secretary of Transportation shall establish a pilot program to provide grants to general aviation airports to increase usable the runway length capability at such airports in order to—
(1)
expand access to such airports for larger aircraft; and
(2)
support the development and economic viability of such airports.
(b)

Grants
(1)

In general
For the purpose of carrying out the pilot program established in subsection (a), the Secretary shall make grants to not more than 2 sponsors of general aviation airports per fiscal year.
(2)

Use of funds
A sponsor of a general aviation airport shall use a grant awarded under this section to plan, design, or construct a project to extend an existing primary runway by not greater than 1,000 feet to a sufficient length to accommodate large turboprop or turbojet aircraft that cannot be accommodated with the existing runway length.
(3)

Eligibility
To be eligible to receive a grant under this section, a sponsor of a general aviation airport shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require.
(4)

Selection
In selecting an applicant for a grant under this section, the Secretary shall prioritize projects that demonstrate that the existing runway length at the airport is—
(A)
inadequate to support the near-term operations of 1 or more business entities operating at the airport as of the date of submission of such application;
(B)
a direct aircraft operational impediment to airport economic viability, job creation or retention, or local economic development; and
(C)
not located within 20 miles of another National Plan of Integrated Airport Systems airport with comparable runway length.
(c)

Project justification
A project that demonstrates the criteria described in subsection (b) shall be considered a justified cost with respect to the pilot program, notwithstanding—
(1)
any benefit-cost analysis required under section 47115(d) of title 49, United States Code; or
(2)
a project justification determination described in section 3 of chapter 3 of FAA Order 5100.38D, Airport Improvement Program Handbook (dated September 30, 2014).
(d)

Federal share
The Government's share of allowable project costs for a project carried out with a grant under this section shall be the Government's share of allowable project costs specified under section 47109.
(e)

Report to Congress
Not later than 5 years after the establishment of the pilot program under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the pilot program, including—
(1)
information regarding the level of applicant interest in grants for increasing runway length;
(2)
the number of large aircraft that accessed each general aviation airport that received a grant under the pilot program in comparison to the number of such aircraft that accessed the airport prior to the date of enactment of this Act, based on data provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress; and
(3)
a description, provided by the airport sponsor to the Secretary not later than 6 months prior to the due date of such report to Congress, of the economic development opportunities supported by increasing the runway length at general aviation airports.
(f)

Funding
(1)

In general
For each of fiscal years 2024 through 2028, the Secretary may use funds made available under section 48103 to carry out this section.”.
(b)

Clerical amendment
The analysis for subchapter I of chapter 471 of such title, as amended by section 611(b), is amended by inserting after the item relating to section 47146 the following:
“47147. General aviation airport runway extension pilot program.”.
VII

AIR SERVICE IMPROVEMENTS
A

Consumer Enhancements
701.

Advisory committee for aviation consumer protection
(a)

Extension
Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking “2023” and inserting “2028”.
(b)

Additional members
Section 411(b) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended—
(1)
in paragraph (3), by striking “and” at the end;
(2)
in paragraph (4), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
“(5)
foreign air carriers; and
(6)
nonprofit public interest groups with expertise in disability and accessibility matters.”.
702.

Unrealistic or deceptive scheduling
(a)

In general
Section 41712 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(d)

Unrealistic or deceptive scheduling
It shall be an unfair or deceptive practice and an unfair method of competition under subsection (a) for any air carrier or foreign air carrier providing scheduled passenger air transportation to engage in unrealistic or deceptive scheduling of flights, as determined by the Secretary of Transportation subject to an investigation and finding, if any, that an air carrier or foreign air carrier engaged in the unrealistic or deceptive scheduling of flights.”.
(b)

Rule of construction
Nothing in this section shall be construed to limit the authority of the Secretary under section 41712(a) of title 49, United States Code, or the ability of the Secretary to act pursuant to the authority under section 399.81 of title 14, Code of Federal Regulations, with respect to any activity of an air carrier or foreign air carrier that occurred prior to the date of enactment of subsection (d) of section 41712 of such title 49, as added by subsection (a) of this section.
(c)

Aviation Consumer Protection Advisory Committee recommendations
(1)

In general
Not later than 90 days after the date of enactment of this section, the Secretary shall require the Aviation Consumer Protection Advisory Committee to provide to the Secretary recommendations regarding the types of practices or circumstances that qualify as unrealistic or deceptive scheduling of flights, including whether scheduling flights in light of technological deficiencies or workforce shortcomings that were known to an air carrier or foreign air carrier at the time of such scheduling qualifies as unrealistic or deceptive scheduling.
(2)

Rulemaking
Not later than 90 days after receiving the recommendations under paragraph (1), the Secretary shall initiate a rulemaking to implement any such recommendations determined appropriate by the Secretary.
703.

Refunds
(a)

In general
Chapter 423 of title 49, United States Code, is amended by inserting after section 42304 the following:
“42305.

Refunds for cancelled or significantly delayed or changed flights
(a)

In general
In the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request of the passenger, promptly provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to—
(1)
fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or
(2)
accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c).
(b)

Timing of refund
Any refund required under subsection (a) shall be issued by the air carrier or foreign air carrier—
(1)
in the case of a ticket purchased with a credit card, not later than 7 business days after the request for the refund; or
(2)
in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the request for the refund.
(c)

Alternative to refund
An air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an alternative to providing a refund required by subsection (a) but only if the offer includes a clear and conspicuous notice of—
(1)
the terms of the offer; and
(2)
the passenger's right to a full refund under this section.
(d)

Significantly delayed or changed flight
In defining “significantly delayed or changed flight” for purposes of this section, the Secretary shall ensure that such term includes, at a minimum, a flight where the passenger arrives at a destination airport—
(1)
in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and
(2)
in the case of an international flight, 6 or more hours after the original scheduled arrival time.
(e)

Application to ticket agents
Not later than 1 year after the date of enactment of this section, the Secretary of Transportation shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.
42306.

Refund portal
(a)

In general
Not later than the date that is 270 days after the date of enactment of this section, the Secretary of Transportation shall require covered entities to prominently display at the top of the homepage of the covered entity’s public internet website a link that passengers eligible for a refund may use to request a refund.
(b)

Covered entity defined
In this subsection, the term covered entity means—
(1)
an air carrier or foreign air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats; and
(2)
a ticket agent that sells scheduled passenger service on an aircraft that as originally designed has a passenger capacity of 30 or more seats.”.
(b)

Clerical amendment
The analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42304 the following:
“42305. Refunds for cancelled or significantly delayed or changed flights.
42306. Refund Portal.”.
704.

Airline passenger rights transparency act
(a)

Findings
Congress finds the following:
(1)
Air travel is an essential part of modern life, and passengers have certain rights and protections under the law.
(2)
Passengers are often not aware of such rights and protections under the law.
(3)
To address this problem, airports, air carriers, and foreign air carriers must provide clear and concise information regarding passenger rights in a manner that is easily accessible and understandable to all passengers.
(b)

Transparency requirements
(1)

Consumer complaints
Section 42302 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(f)

Notice to passengers on electronic flight itinerary ticket confirmation
Each air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.”.
(2)

Know your rights posters
(A)

In general
Chapter 423 of title 49, United States Code, as amended by section 703(a), is amended by inserting after section 42306 the following:
“42307.

Know your rights posters
(a)

In general
Each large hub airport, medium hub airport, and small hub airport (as such terms are defined in section 40102) with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum—
(1)
flight delays and cancellations;
(2)
refunds;
(3)
bumping of passengers from flights and the oversale of flights; and
(4)
lost, delayed, or damaged baggage.
(b)

Location
Such posters shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.”.
(B)

Clerical amendment
The analysis for chapter 423 of title 49, United States Code, as amended by section 703(b), is amended by inserting after the item relating to section 42306 the following:
“42307. Know your rights posters.”.
(3)

Effective date
The amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this section.
705.

Disclosure of ancillary fees
(a)

Flexibility
(1)

In general
In determining whether a practice is an unfair or deceptive practice under section 41712 of title 49, United States Code, with respect to the disclosure of ancillary fees, the Secretary, shall provide air carriers, foreign air carriers, and ticket agents with the flexibility to develop the manner in which such information is transmitted to consumers as long as such information (consistent with the objective of assuring that consumers are provided with useable, current, and accurate information on critical ancillary fees in a format that the consumer can easily compare multiple flight options) is—
(A)
presented to the consumer in a reasonable and transparent manner prior to booking; and
(B)
displayed in a format that assists the consumer in making more informed decisions.
(2)

Critical ancillary fees defined
For purposes of paragraph (1), the term critical ancillary fees means—
(A)
fees for—
(i)
the first and second checked bag of an airline passenger;
(ii)
one carry-on bag of an airline passenger;
(iii)
changing or canceling a reservation; and
(iv)
adjacent seating when traveling with a child that is 13 years of age or younger; and
(B)
any other fees for ancillary services that are identified by the Secretary in the rule finalizing the proposed rule published by the Secretary on March 3, 2023, and titled “Enhancing Transparency of Airline Ancillary Service Fees” (88 Fed. Reg. 13389) as being critical to consumers in choosing among air transportation options.
(b)

Ticket agents
The Secretary shall not find that a ticket agent is out of compliance with a requirement in the final rule described in subsection (a)(2)(B) with respect to the disclosure of critical ancillary fees if the Secretary determines that such noncompliance is due to the failure of an air carrier or foreign air carrier to provide the ticket agent with the information required to comply with such requirement.
706.

Access to customer service assistance for all travelers
(a)

Findings
Congress finds the following:
(1)
In the event of a cancelled or delayed flight, it is important for customers to be able easily access information about the status of their flight and any alternative flight options.
(2)
During a period of mass cancellations, customers may be unable to easily connect, either in-person or through a toll-free customer service phone number, with a customer service representative of an air carrier.
(3)
While many air carriers have robust online and smart phone application chat resources, many customers may not have access to those resources, and customers often have time-sensitive questions that cannot be answered through an automated service or website.
(4)
Not all customers of air carriers are able to easily use online and chat resources.
(5)
Customers should be able to access real-time assistance from customer service agents of air carriers without an excessive wait time, particularly during times of mass disruptions.
(b)

Transparency requirements
(1)

Consumer complaints
Section 42302 of title 49, United States Code, as amended by section 704(b), is amended by adding at the end the following new subsection:
“(g)

Notice to passengers on electronic flight itinerary ticket confirmation
Each air carrier and foreign air carrier shall provide on any electronic flight itinerary ticket confirmation issued by the carrier a link to the Aviation Consumer Protection website and the Air Travel Service Complaint or Comment Form website of the Department of Transportation.”.
(2)

Requirement to maintain a live customer chat or monitored text messaging number
(A)

In general
Chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after section 42307 the following:
“42308.

Requirement to maintain a live customer chat or monitored text messaging number
(a)

Requirement
(1)

In general
A covered air carrier that operates a domestic or international flight to, from, or within the United States shall, in addition to maintaining a toll-free customer service telephone line, maintain a live customer chat or monitored text messaging number that enables customers to speak to a live agent directly.
(2)

Provision of services
The services required under subsection (a) shall be provided to customers without charge for the use of such services, and shall be available in real time and on a 24 hour/7 days a week basis.
(b)

Rulemaking authority
The Secretary shall promulgate such rules as may be necessary to carry out this section.
(c)

Covered air carrier defined
In this section, the term covered air carrier means an air carrier that provides scheduled passenger air transportation by operating an aircraft that as originally designed has a passenger capacity of 30 or more seats.
(d)

Effective date
Beginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (b) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.”.
(B)

Clerical amendment
The analysis for chapter 423 of title 49, United States Code, as amended by section 704(b), is amended by inserting after the item relating to section 42307 the following:
“42308. Requirement to maintain a live customer chat or monitored text messaging number.”.
707.

Frequent flyer programs and vouchers
(a)

In general
Chapter 423 of title 49, United States Code, as amended by section 706(b), is amended by inserting after section 42308 the following new section:
“42309.

Frequent flyer programs
(a)

Reduction in benefits
An air carrier may not reduce or devalue the benefits, rewards, points, or other accrued value of an existing account holder of a frequent flyer program unless the air carrier provides such account holder not less than 90 days notice of such reduction or devaluation.
(b)

Expiration of benefits
(1)

Initial notification
Upon the issuance of any flight voucher or flight credit, an air carrier or ticket agent, where applicable, shall notify the recipient of such voucher or credit of the expiration date of the voucher or credit.
(2)

Subsequent notification
Not less than 30 days before the expiration date of any flight voucher or flight credit issued by an air carrier or ticket agent, the air carrier or ticket agent shall make a reasonable attempt to notify the recipient of such voucher or credit of the expiration date of the voucher or credit.
(c)

Definition of frequent flyer program
In this section, the term frequent flyer program means a program in which an air carrier promises or offers benefits, rewards, points, or other accrued value for tickets purchased from the air carrier.”.
(b)

Clerical amendment
The analysis for chapter 423 of such title, as amended by section 706(b), is amended by inserting after the item relating to section 42308 the following:
“42309. Frequent flyer programs.”.
708.

Airline customer service dashboards
(a)

Dashboards
(1)

In general
Chapter 423 of title 49, United States Code, as amended by section 707(a), is amended by inserting after section 42309 the following:
“42310.

DOT airline customer service dashboards
(a)

Requirement to establish and maintain publicly available dashboards
The Secretary of Transportation (in this section referred to as the “Secretary”) shall establish, maintain, and make publicly available, the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law:
(1)

Delay and cancellation dashboard
A dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier. The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center).
(2)

Family seating dashboard
A dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees.
(3)

Seat size dashboard
A dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier.
(b)

Bureau of Transportation Statistics
(1)

ATCSCC delays
Not later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new “cause of delay” category that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102) that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center.
(2)

Family seating complaints
Not later than 30 days after the date of enactment of this section, the Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating.
(c)

Air travel consumer report
(1)

ATCSCC delays
Not later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(1), the Secretary shall include information on delays and cancellations that are due to instructions from the Federal Aviation Administration Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation.
(2)

Family seating complaints
Not later than 30 days after the date on which the Director of the Bureau of Transportation Statistics updates the reporting framework under subsection (b)(2), the Secretary shall include information on complaints related to family seating in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation and on the family seating dashboard required by subsection (a)(2).
(d)

Provision of information
Each large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.”.
(2)

Establishment
The Secretary shall establish each of the online dashboards required by section 42310(a) of title 49, United States Code, not later than 30 days after the date of enactment of this section.
(b)

Clerical amendment
The analysis for chapter 423 of title 49, United States Code, as amended by section 707(b), is amended by inserting after the item relating to section 42309 the following:
“42310. DOT airline customer service dashboards.”.
709.

Annual briefings on disruptions of passenger air transportation and periods of mass cancellations of scheduled flights
Section 106(g) of title 49, United States Code, is amended by adding at the end the following new paragraph:
“(3)
Annually, (and more frequently as needed) brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the following:
(A)
The efforts, activities, objectives, and plans of the Administration in continuing to address ongoing concerns about passenger protections during operational meltdowns of air carriers and foreign air carriers.
(B)
The efforts of the Administration to engage with Congress and the public on issues related to operational meltdowns of air carriers and foreign air carriers.”.
710.

Enhancing child safety
(a)

In general
Not later than 2 years after the date of enactment of this section, the Administrator shall issue new or revised guidance that provides testing standards to allow for the use of a child restraint system on a covered aircraft that meets such testing standards, without regard to whether such child restraint system also meets the standards set forth in section 571.213 of title 49, Code of Federal Regulations.
(b)

Covered aircraft defined
In this section, the term covered aircraft means an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.
711.

Codification of consumer protection provisions
(a)

Section 429 of the FAA Reauthorization Act of 2018
(1)

In general
Section 429 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 note prec.) is amended—
(A)
by transferring such section to appear after section 41726 of title 49, United States Code;
(B)
by redesignating such section as section 41727 of such title 49; and
(C)
by amending the section heading of such section to read as follows:
“41727.

Passenger Rights”.
(2)

Technical amendment
Section 41727 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended, in subsection (a), by striking “Not later than 90 days after the date of enactment of this Act, the Secretary” and inserting “The Secretary”.
(b)

Section 434 of the FAA Reauthorization Act of 2018
(1)

In general
Section 434 of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended—
(A)
by transferring such section to appear after section 41727 of title 49, United States Code, as transferred and redesignated by subsection (a)(1);
(B)
by redesignating such section 434 as section 41728 of such title 49; and
(C)
by amending the section heading of such section 41728 to read as follows:
“41728.

Airline passengers with disabilities bill of rights”.
(2)

Technical amendment
Section 41728 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended—
(A)
in subsection (a), by striking “the section 41705” and inserting “section 41705”;
(B)
in subsection (c), by striking “the date of enactment of this Act” and inserting “the date of enactment of the FAA Reauthorization Act of 2018”; and
(C)
in subsection (f), by striking “ensure employees” and inserting “ensure that employees”.
(c)

Clerical amendment
The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following:
“41727. Passenger rights.
41728. Airline passengers with disabilities bill of rights.”.
712.

GAO study on competition and consolidation in the air carrier industry
(a)

Study
The Comptroller General shall conduct a study assessing competition and consolidation in the United States air carrier industry. Such study shall include an assessment of—
(1)
the history of mergers in the United States air carrier industry, including whether any claimed efficiencies have been realized;
(2)
the effect of consolidation in the United States air carrier industry, if any, on consumers;
(3)
the effect of consolidation in the United States air carrier industry, if any, on air transportation service in small and rural markets; and
(4)
the current state of competition in the United States air carrier industry as of the date of enactment of this section.
(b)

Report
Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
713.

GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards
(a)

Study
(1)

In general
The Comptroller General shall study and assess the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards, including flooding, extreme heat, changes in precipitation, storms, including winter storms, coastal storms, tropical storms, and hurricanes, and fire conditions.
(2)

Requirements
As part of the study required by paragraph (1), the Comptroller General shall assess the following:
(A)
The extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions and natural hazards, that may impact air carriers’ operational investments, staffing levels and safety policies, mitigation strategies, and other resiliency planning.
(B)
How the FAA oversees air carriers’ operational resilience to storms and natural disasters, as well as changing conditions.
(C)
Steps the Federal Government and air carriers can take to improve their operational resilience to storms and natural disasters, as well as changing conditions.
(b)

Briefing and report
(1)

Briefing
Not later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
(2)

Report
Not later than 6 months after the briefing required by paragraph (1) is provided, the Comptroller General shall submit a report to the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
(c)

Definition of air carrier
In this section, the term air carrier has the meaning given that term in section 40102 of title 49, United States Code.
714.

Increase in civil penalties
(a)

In general
Section 46301(a) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by striking “$25,000” and inserting “$50,000”.
(b)

Effective date
The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment.
(c)

Conforming regulations
The Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).
715.

Family seating
(a)

In general
Not later than 180 days after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to sit each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight.
(b)

Prohibition on fees
The notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service.
(c)

Rule of construction
Notwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section.
(d)

Young child
In this section, the term young child means an individual who has not attained 14 years of age.
716.

Establishment of Office of Aviation Consumer Protection
Section 102 of title 49, United States Code, is amended—
(1)
in subsection (e)(1)—
(A)
in the matter preceding subparagraph (A), by striking “7” and inserting “8”; and
(B)
in subparagraph (A), by striking “and an Assistant Secretary for Transportation Policy” and inserting “an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection”; and
(2)
by adding at the end the following:
“(j)

Office of Aviation Consumer Protection
(1)

Establishment
There is established in the Department an Office of Aviation Consumer Protection (referred to in this subsection as the “Office”) to administer and enforce the aviation consumer protection and civil rights authorities provided to the Department by statute, including those under section 41712—
(A)
to assist, educate, and protect passengers;
(B)
to monitor compliance with, conduct investigations relating to, and enforce, including by taking appropriate action to address violations of, aviation consumer protection, civil rights, and aviation economic requirements; and
(C)
to promulgate, as appropriate, aviation consumer protection and civil rights regulations.
(2)

Leadership
The Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (referred to in this subsection as the Assistant Secretary).
(3)

Transition
Not later than 180 days after the date of enactment of this subsection, the Office of Aviation Consumer Protection that is a unit within the Office of the General Counsel of the Department which is headed by the Assistant General Counsel for Aviation Consumer Protection, shall cease to exist. The Department shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and those employees shall be transferred from the Office of the General Counsel as appropriate to the newly established Office of Aviation Consumer Protection. To the extent the Office of the General Counsel retains any attorney or hires any new attorney to advise the newly established Office of Aviation Consumer Protection, those attorneys will be located in the remaining offices within the Office of the General Counsel.
(4)

Coordination
The Assistant Secretary shall coordinate with the General Counsel appointed under subsection (e)(1)(E), in accordance with section 1.26 of title 49, Code of Federal Regulations (or a successor regulation), on all legal matters relating to—
(A)
aviation consumer protection; and
(B)
the duties and activities of the Office described in subparagraphs (A) through (C) of paragraph (1).
(5)

Annual report
The Assistant Secretary shall submit to the Secretary, who shall submit to Congress and make publicly available on the website of the Department, an annual report that, with respect to matters under the jurisdiction of the Department, or otherwise within the statutory authority of the Department—
(A)
analyzes trends in aviation consumer protection, civil rights, and licensing;
(B)
identifies major challenges facing passengers; and
(C)
addresses any other relevant issues, as the Assistant Secretary determines to be appropriate.
(6)

Funding
There is authorized to be appropriated $12,000,000 for fiscal year 2024, $13,000,000 for fiscal year 2025, $14,000,000 for fiscal year 2026, $15,000,000 for fiscal year 2027, and $16,000,000 for fiscal year 2028.”.
B

Accessibility
731.

Extension of the advisory committee on the air travel needs of passengers with disabilities
Section 439(g) of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended by striking “2023” and inserting “2028”.
732.

Modernization and improvements to aircraft evacuation
(a)

Study
(1)

In general
Not later than 1 year after the date of enactment of this section, the Administrator shall conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes, as described in parts 25 and 121 of title 14, Code of Federal Regulations.
(2)

Contents
(A)

Requirements
The study required by paragraph (1) shall include—
(i)
a prospective risk analysis, as well as an evaluation of relevant past incidents with respect to evacuation safety and evacuation standards;
(ii)
an assessment of the evacuation testing procedures described in section 25.803 of such title 14, as well as recommendations for how to revise such testing procedures to ensure that the testing procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely and efficiently evacuate an aircraft;
(iii)
an assessment of the evacuation demonstration procedures described in such part 121, as well as recommendations for how to improve such demonstration procedures to ensure that the demonstration procedures assess, in a safe manner, the ability of passengers with disabilities, including those who use wheelchairs or other mobility assistive devices, to safely to efficiently evacuate an aircraft;
(iv)
the research proposed in National Transportation Safety Board Safety Recommendation A-18-009; and
(v)
any other analysis determined appropriate by the Administrator.
(B)

Considerations
In conducting the study under paragraph (1), the Administrator shall assess the following:
(i)
The ability of passengers of different ages (including infants, children, and senior citizens) to safely and efficiently evacuate a transport category airplane.
(ii)
The ability of passengers of different heights and weights to safely and efficiently evacuate a transport category airplane.
(iii)
The ability of passengers with disabilities to safety and efficiently evacuate a transport category airplane.
(iv)
The ability of passengers who cannot speak, have difficulty speaking, use synthetic speech, or are non-vocal or non-verbal to safely and efficiently evacuate a transport category airplane.
(v)
The ability of passengers who do not speak English to safely and efficiently evacuate a transport category airplane.
(vi)
The impact of the presence of carry-on luggage and personal items (such as a purse, briefcase, laptop, or backpack) on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(vii)
The impact of seat size and passenger seating space and pitch on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(viii)
The impact of seats and other obstacles in the pathway to the exit opening from the nearest aisle on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(ix)
With respect to aircraft with parallel longitudinal aisles, the impact of seat pods or other seating configurations that block access between such aisles within a cabin on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(x)
The impact of passenger load (the number of passengers relative to the number of seats on board the aircraft) on the ability of passengers to safely and efficiently evacuate a transport category airplane.
(xi)
The impact of service animals on the ability of passengers (including such service animals and their handlers) to safely and efficiently evacuate a transport category airplane.
(xii)
Whether an applicant for a type certificate (as defined in section 44704(e)(7) of title 49, United States Code) should be required to demonstrate compliance with FAA emergency evacuation regulations (as described in section 25.803 and Appendix J of part 25 of title 14, Code of Federal Regulations) through live testing when the Administrator determines that the new aircraft design is significant.
(xiii)
Any other factor determined appropriate by the Administrator.
(C)

Passengers with disabilities defined
For purposes of this paragraph, the term passengers with disabilities means any qualified individual with a disability, as defined in section 382.3 of title 14, Code of Federal Regulations.
(b)

Aviation Rulemaking Committee for evacuation standards
(1)

In general
Not later than 180 days after the completion of the study under subsection (a), the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review the findings of the study and develop and submit to the Administrator recommendations regarding improvements to the evacuation standards described in parts 25 and 121 of title 14, Code of Federal Regulations.
(2)

Composition
The Committee shall consist of members appointed by the Administrator, including the following:
(A)
Representatives of industry.
(B)
Representatives of aviation labor organizations.
(C)
Aviation safety experts with specific knowledge of the evacuation standards and requirements under such parts 25 and 121.
(D)
Representatives of the disability community with specific knowledge of accessibility standards regarding evacuations in emergency circumstances.
(E)
Representatives of the senior citizen community.
(F)
Representatives of pediatricians.
(3)

Considerations
In reviewing the findings of the study under subsection (a) and developing recommendations regarding the improvement of the evacuation standards, the Committee shall consider the following:
(A)
The recommendations made by any prior Aviation Rulemaking Committee regarding the evacuation standards described in such parts 25 and 121.
(B)
Scientific data derived from the study under subsection (a).
(C)
Any data gathered from aviation safety reporting programs.
(D)
The cost-benefit analysis and risk analysis of any recommended standards.
(E)
Any other item determined appropriate by the Committee.
(c)

Report to Congress
Not later than 180 days after the date on which the Committee submits recommendations under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report on—
(1)
the findings of the study conducted under subsection (a);
(2)
the recommendations of the Committee under subsection (b); and
(3)
the Administrator's plan, if any, to implement such recommendations.
(d)

Rulemaking
Not later than 90 days after submitting the report to Congress under subsection (c), the Administrator shall issue a notice of proposed rulemaking to implement the recommendations of the Committee that the Administrator deems appropriate.
733.

Improved training standards for assisting passengers who use wheelchairs
(a)

Rulemaking
The Secretary shall conduct a rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who must board or deplane using an aisle chair or other boarding device.
(b)

Requirements
The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors—
(1)
complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for providing aisle chair assistance; and
(2)
be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to board or deplane a passenger using an aisle chair or other boarding device:
(A)
How to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features.
(B)
How to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer.
(C)
How to effectively communicate with, and take instruction from, the passenger.
(c)

Considerations
In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—
(1)
whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in administering and auditing training;
(2)
whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities;
(3)
whether air carriers and foreign air carriers should be required to use their own personnel instead of contractors for boarding passengers with limited or no mobility; and
(4)
whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training from medical professionals on how to properly lift these passengers.
(d)

Final rule
Not later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.
(e)

Penalties
The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).
734.

Training standards for stowage of wheelchairs and scooters
(a)

Rulemaking
The Secretary shall conduct a rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters on aircraft.
(b)

Requirements
The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors—
(1)
complete refresher training every 6 months and be recertified yearly on the job by a superior in order to remain qualified for handling and stowing wheelchairs and scooters; and
(2)
be able to successfully demonstrate the each of following skills in hands-on training sessions before being allowed to handle or stow a wheelchair or scooter:
(A)
How to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier.
(B)
How to properly review any wheelchair or scooter information provided by the passenger or the assistive device manufacturer.
(C)
How to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier.
(c)

Considerations
In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—
(1)
whether to require air carriers and foreign air carriers to partner with wheelchair manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in administering and auditing training; and
(2)
whether air carriers and foreign air carriers should require personnel or contractors to use specialized equipment in loading and unloading wheelchairs and scooters.
(d)

Final rule
Not later than 12 months after the date of enactment of this section, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.
(e)

Penalties
The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).
735.

Mobility Aids On Board Improve Lives and Empower All Act
(a)

Publication of information related to powered wheelchairs
(1)

Advisory circular
Not later than 1 year after the date of enactment of this section, the Secretary shall issue an advisory circular that provides guidance to air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code) on publishing information related to powered wheelchairs on the website of such carrier, including—
(A)
information describing the dimensions of the cargo holds of all aircraft types in the air carrier's fleet, including the dimensions of the cargo hold entry; and
(B)
in the case of a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) traveling with a wheelchair (including a power wheelchair, manual wheelchair, or scooter) who has purchased a ticket for a flight from the air carrier but who cannot fly on the existing aircraft because the wheelchair of such qualified individual cannot fit in the cargo hold, information regarding the process for such qualified individual to get a refund of any previously paid fares, fees, and taxes applicable to such flight.
(2)

Requirement
Not later than 18 months after the date of enactment of this section, each air carrier and foreign air carrier shall be required to publish, on a prominent and easily accessible place on the website of the carrier, the information described in the advisory circular issued under paragraph (1).
(b)

Evaluation of data regarding mishandled wheelchairs
Not later than 6 months after the date of enactment of this section, and annually thereafter, the Secretary shall—
(1)
evaluate data (which shall be delineated by type of wheelchair being mishandled, such as power wheelchairs, manual wheelchairs, and scooters, and by type of mishandling, such as damage (including the type of damage, such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery, or other components, and any other type of damage deemed appropriate by the Secretary), delay, or loss) regarding the frequency of mishandling of wheelchairs (as defined in section 37.3 of title 49, Code of Federal Regulations) occurring on aircraft;
(2)
determine whether there are issues with respect to such frequency and type of mishandling; and
(3)
review and report any claims for which an air carrier has conclusive evidence of fraud.
(c)

Report on mishandled wheelchairs
Not later than 6 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report (which shall be made publicly available on the website of the Department of Transportation) regarding the results of each such evaluation and determination under subsection (b), including how the Secretary plans to address such results through consultation with air carriers, wheelchair manufacturers, national disability and disabled veterans organizations, and other relevant stakeholders.
(d)

Feasibility of in-cabin wheelchair restraint systems
(1)

Roadmap
Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341—
(A)
establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA crashworthiness and safety performance criteria, including the issues and considerations set forth in Special Report 341; and
(B)
sponsor studies that assess issues and considerations, including those set forth in Special Report 341, such as—
(i)
the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and
(ii)
the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight.
(2)

Study
If determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight. Such study shall include an assessment of—
(A)
the cost of such seating arrangements, equipment, and installation;
(B)
the demand for such seating arrangements;
(C)
the impact of such seating arrangements on passenger seating and safety on aircraft;
(D)
the impact of such seating arrangements on the cost of operations and airfare; and
(E)
any other information determined appropriate by the Secretary.
(3)

Report
Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.
736.

Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023
(a)

Annual report
Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the appropriate committees of Congress, and shall make each annual report publicly available.
(b)

Report
Each annual report submitted under subsection (a) shall include, but not be limited to, the following:
(1)
The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the 5 most recent calendar years.
(2)
The nature of such complaints, such as reported issues with—
(A)
an air carrier, including an air carrier's staff training or lack thereof;
(B)
mishandling of passengers with a disability or their accessibility equipment;
(C)
the condition or lack of accessibility equipment or materials;
(D)
the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability;
(E)
difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier;
(F)
difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent;
(G)
issues experienced by passengers with a disability traveling with a service animal; and
(H)
such other issues as the Secretary deems appropriate.
(3)
An overview of the review process for such complaints received during such period.
(4)
The median length of time for how quickly review such complaints were initiated.
(5)
The median length of time for how quickly such complaints were resolved or otherwise addressed.
(6)
Of the complaints that were found to violate section 41705 of title 49, United States Code, (commonly known as the “Air Carrier Access Act of 1986”)—
(A)
the number of such complaints for which a formal enforcement order was issued; and
(B)
the number of such complaints for which a formal enforcement order was not issued.
(7)
How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under—
(A)
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(B)
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or
(C)
any other provision of law.
(8)
How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff, or other matters under the jurisdiction of the Federal Aviation Administration, were referred to the Federal Aviation Administration.
(c)

Definitions
(1)

In general
The definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to any term defined in such sections that is used in this section.
(2)

Passengers with a disability defined
In this section, the term passengers with a disability has the meaning given the term qualified individual with a disability in section 382.3 of title 14, Code of Federal Regulations.
737.

Transportation of organs
(a)

Handling of organs on aircraft
Not later than 180 days after the date of enactment of this section, the Administrator, in coordination with relevant Federal agencies and stakeholders, shall issue a rulemaking to—
(1)
establish a safe, standardized process for a commercial airline's acceptance, handling, management, and transportation of an organ in the cabin of an aircraft;
(2)
require each commercial airline to establish a protocol to ensure the safe and timely transport of an organ in the cabin of the aircraft, including through any connecting flight; and
(3)
identify metrics regarding the handling of organs by commercial airlines in order to increase transparency and aid the development of best practices and improvement initiatives.
(b)

Definition of organ
For purposes of this section, the term organ—
(1)
has the meaning given such term in section 121.2 of title 42, Code of Federal Regulations; and
(2)
includes organ-related tissue.
738.

Access and Dignity for All People who Travel Act
(a)

Short title
This section may be cited as the “Access and Dignity for All People Who Travel Act of 2023”.
(b)

Definitions
In this section:
(1)

Air carrier
The term air carrier has the meaning given that term in section 40102 of title 49, United States Code.
(2)

Foreign air carrier
The term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code.
(3)

Qualified individual with a disability
The term qualified individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.
(4)

Service animal
The term service animal has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.
(c)

Seating accommodations for qualified individuals with disabilities
(1)

In general
(A)

Advanced notice of proposed rulemaking
Not later than 180 days after the date of enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.
(B)

Notice of proposed rulemaking
Not later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.
(C)

Final rule
Not later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule regarding seating accommodations for any qualified individual with a disability.
(2)

Requirements
In carrying out any rulemaking under paragraph (1), the Secretary shall consider the following:
(A)
The scope and anticipated number of qualified individuals with a disability who—
(i)
may need to be seated with a companion to receive assistance during a flight; or
(ii)
should be afforded bulkhead seats or other seating considerations.
(B)
The types of disabilities that may need seating accommodations.
(C)
Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, such a seat.
(D)
The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations.
(E)
Any notification given to qualified individuals with a disability regarding available seating accommodations.
(F)
Any method that is adequate to identify fraudulent claims for seating accommodations.
(G)
Any other information determined appropriate by the Secretary.
(d)

Known service animal user travel pilot program
(1)

Pilot program
(A)

Establishment
(i)

In general
The Secretary shall establish a pilot program to allow approved program participants as known service animal users for the purpose of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal.
(ii)

Requirements
The pilot program established under clause (i) shall—
(I)
be optional;
(II)
provide to applicants assistance, including over-the-phone assistance, throughout the application process for the program;
(III)
with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and
(IV)
exempt participants of the pilot program from any documentation requirements under part 382 of title 14, Code of Federal Regulations.
(B)

Consultation
In establishing the pilot program under subparagraph (A), the Secretary shall consult with—
(i)
disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities are able to live and participate in their communities;
(ii)
air carriers and foreign air carriers;
(iii)
accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals;
(iv)
other relevant departments or agencies of the Federal Government; and
(v)
other entities determined to be appropriate by the Secretary.
(C)

Eligibility
To be eligible to participate in the pilot program under this paragraph, an individual shall—
(i)
be a qualified individual with a disability;
(ii)
require the use of a service animal because of a disability; and
(iii)
submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(D)

Clarification
The Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this paragraph.
(E)

Nominal fee
The Secretary may require an applicant to pay a nominal fee (not to exceed $25) to participate in the pilot program.
(F)

Reports to Congress
(i)

Planning report
Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the implementation plan for the pilot program under this paragraph.
(ii)

Annual report
Not later than 1 year after the establishment of the pilot program under this paragraph, and annually thereafter until the date described in subparagraph (G), the Secretary shall submit to the appropriate committees of Congress a publicly available report on the progress of the pilot program.
(iii)

Final report
Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available final report that includes recommendations for the establishment and implementation of a permanent known service animal user travel program for the Federal Government.
(G)

Sunset
The pilot program shall terminate on the date that is 5 years after the date of enactment of this section.
(2)

Accredited service animal training programs and authorized registrars
Not later than 6 months after the date of enactment of this section, the Secretary shall publish on the website of the Department of Transportation and maintain a list of—
(A)
accredited programs that train service animals; and
(B)
authorized registrars that evaluate service animals.
(3)

Report to Congress on service animal requests
Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including—
(A)
during the reporting period, how many requests to board an aircraft with a service animal were made; and
(B)
the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as—
(i)
granted;
(ii)
denied; or
(iii)
fraudulent.
(4)

Training
(A)

In general
Not later than 180 days after the date of enactment of this section, the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal.
(B)

Requirements
The guidance issued under paragraph (1) shall—
(i)
take into account respectful engagement with and assistance for individuals with a wide range of visible and non-visible disabilities;
(ii)
provide information on—
(I)
service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and
(II)
the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and
(iii)
outline the rights and responsibilities of the handler of the service animal.
739.

Equal Accessibility to Passenger Portals Act
(a)

Applications and information communication technologies
(1)

Rulemaking
Not later than 6 months after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to ensure that customer-focused websites, applications, and information communication technologies (including those used to notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements), passenger safety information, or in-flight services and updates) of an air carrier, foreign air carrier, or airport are accessible.
(2)

Final rule
Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate a final rule for the purposes described in paragraph (1).
(3)

Considerations
In any rulemaking under this subsection, the Secretary—
(A)
shall consider—
(i)
the standards described in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and
(ii)
the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and
(B)
may consider—
(i)
additional standards, including those provided in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium (or subsequent versions); and
(ii)
the technical capabilities of the information communication technology.
(4)

Consultation
For purposes of this section, the Secretary may consult with the Architectural and Transportation Barriers Compliance Board and any other relevant department or agency to determine appropriate accessibility standards.
(5)

Review
Not later than 5 years after promulgating the final rule under paragraph (2), and every 5 years thereafter, the Secretary shall review the rules issued under this subsection and update such rules as necessary.
(b)

Audit
(1)

Initial audit
(A)

Requirement
Not later than 1 year after the date on which the Secretary promulgates the final rule under subsection (a)(2), and subsequently thereafter as described in paragraph (3), the Secretary shall commence an audit of each customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport for the purpose of informing improvements that ensure any individual with a disability has equal access to travel, in accordance with such final rule. Such audit shall be limited to a review of the following:
(i)
The accessibility of any customer-focused website or application of an air carrier, foreign air carrier, or airport.
(ii)
The accessibility of the information communication technology an air carrier, foreign air carrier, or airport uses to—
(I)
notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements); or
(II)
provide services to such individual, such as checking in, printing a boarding pass, or printing a luggage tag.
(iii)
Other relevant information, as determined by the Secretary in consultation with stakeholders from the disability community, air carriers, foreign air carriers, airports, and other relevant stakeholders.
(B)

Notice
Not later than 9 months before commencing any audit under subparagraph (A), the Secretary shall notify any entity being audited and publish in a prominent place on the website of the Department of Transportation and in an accessible manner, information regarding such audit, including—
(i)
a notice of the audit;
(ii)
the standards that the customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport must meet; and
(iii)
the potential civil penalties that may be assessed for noncompliance with such standards.
(2)

Clarification
The Secretary may—
(A)
award a grant or enter into a contract or cooperative agreement in order to carry out the audits required under paragraph (1); and
(B)
require any air carrier, foreign air carrier, or airport audited under this section to provide to the Secretary such information as the Secretary requires to carry out any such audit.
(3)

Subsequent audits
(A)

Large air carriers, large hub airports, and medium hub airports
For purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 3 years thereafter with respect to large air carriers, large hub airports, and medium hub airports.
(B)

Small air carriers
For purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 5 years thereafter with respect to small air carriers.
(c)

Report
Not later than 1 year after commencing any audit under subsection (b), the Secretary shall submit to the appropriate committees of Congress a publicly-available report containing the following:
(1)
The number of air carriers, foreign air carriers, and airports audited during the reporting period.
(2)
The number of violations per type of operator (air carrier, foreign air carrier, and airport) during the reporting period.
(3)
An analysis of the number and type of violations (such as lack of captions, audio descriptions, image descriptions), with such types being at the discretion of the Secretary.
(4)
Recommendations for such legislation and administrative action as the Secretary determines appropriate.
(d)

Penalties
Upon completing an audit conducted under subsection (b), the Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier, foreign air carrier, or airport that utilizes a customer-focused website, application, or information communication technology that is not accessible, as determined by the Secretary.
(e)

Definitions
In this section:
(1)

Air carrier
The term air carrier has the meaning given that term in section 40102 of title 49, United States Code.
(2)

Airport
The term airport has the meaning given that term in section 40102 of title 49, United States Code.
(3)

Application
The term application means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer, or another device, including a device developed after the date of enactment of this section, and that is designed to perform, or to help the user perform, a specific task.
(4)

Foreign air carrier
The term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code.
(5)

Individual with a disability
The term individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.
(6)

Information communication technology
The term information communication technology—
(A)
means any equipment, system, technology, or process for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of relevant electronic data and information, as well as any associated content; and
(B)
includes a computer and peripheral equipment, an information kiosk or transaction machine, telecommunications equipment, customer premises equipment, a multifunction office machine, software, a video, or an electronic document.
(7)

Large air carrier
The term large air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with 125 passenger seats or more.
(8)

Large hub airport
The term large hub airport has the meaning given that term in section 40102 of title 49, United States Code.
(9)

Medium hub airport
The term medium hub airport has the meaning given that term in section 40102 of title 49, United States Code.
(10)

Small air carrier
The term small air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with less than 125 passenger seats.
740.

Store On-board Wheelchairs in Cabin Act
(a)

Requirements
(1)

In general
In the case an aircraft that is required to be equipped with an on-board wheelchair in accordance with section 382.65 of title 14, Code of Federal Regulations, an air carrier and a foreign air carrier shall provide in a prominent place on a publicly available internet website of the carrier, and in any place where a passenger can make a reservation, information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier, including—
(A)
that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of such title 14) with an on-board wheelchair unless an exception described in such section 382.65 applies;
(B)
that a qualified individual with a disability may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair;
(C)
that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of such title 14 in order for the individual to be provided with the on-board wheelchair; and
(D)
if the air carrier or foreign air carrier requires the advance notice described in subparagraph (C), information on how a qualified individual with a disability can make such a request.
(2)

Annual training
An air carrier and a foreign air carriers shall require that all personnel who regularly interact with the traveling public, including contractors, complete annual training regarding assisting qualified individual with a disability, including regarding the availability of accessible lavatories and on-board wheelchairs and such individual's right to request an on-board wheelchair.
(3)

Public awareness campaign
The Secretary shall conduct a public awareness campaign on the rights of qualified individuals with a disability, including with respect to accessible lavatories and such individual's right to request an on-board wheelchair in accordance section 382.65 of title 14, Code of Federal Regulations .
(4)

Qualified individual with a disability defined
In this subsection, the term qualified individual with a disability has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations.
(5)

Penalties
The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements under paragraph (1) or (2).
(b)

Increased civil penalties
(1)

In general
Section 46301(a)(7) of title 49, United States Code, is amended—
(A)
in the paragraph heading, by striking “to harm”; and
(B)
in subparagraph (A)—
(i)
in the heading, by striking “bodily harm or damage to wheelchair or other mobility aid” and inserting “damage to wheelchair or other mobility aid, bodily harm, or failure to equip aircraft with a wheelchair”; and
(ii)
by striking “or injury to a passenger with a disability” and inserting “, injury to a passenger with a disability, or a failure to equip an aircraft with an on-board wheelchair pursuant to section 382.65 of title 14, Code of Federal Regulations (or a successor regulation)”.
(2)

Effective date
The amendments made by paragraph (1) shall apply to flights occurring on or after the effective date of the revision described in subsection (a).
C

Air Service Development
741.

Essential air service
(a)

Definitions
Section 41731 of title 49, United States Code, is amended—
(1)
by striking subsection (a) and inserting the following:
“(a)

Eligible place defined
In this subchapter, the term eligible place means a place in the United States that—
(1)
is at least 75 miles from the nearest medium or large hub airport, if within the 48 contiguous states, which shall not be waived;
(2)
had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year;
(3)
during the most recent fiscal year had an average subsidy per passenger, as determined by the Secretary, of—
(A)
less than $500 for locations that are less than 175 driving miles from the nearest large or medium hub airport; and
(B)
less than $1,000 for all locations, regardless of driving distance to a hub; and
(4)
is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive—
(A)
received essential air service for which compensation was provided to an air carrier under this subchapter; or
(B)
received notice of intent to terminate essential air service and the Secretary required the air carrier to continue to provide such service to the community.”;
(2)
in subsection (b), by striking “subsection (a)(1) of this section” and inserting “subsection (a)”;
(3)
in subsection (c), by striking “Subparagraphs (B), (C), and (D) of subsection (a)(1)” and inserting “Paragraphs (2), (3), and (4) of subsection (a)”;
(4)
in subsection (d), by striking “Subsection (a)(1)(B)” and inserting “Subsection (a)(2)”;
(5)
by striking subsection (e) and inserting the following:
“(e)

Waivers
The Secretary may waive, on an annual basis, subsection (a)(2) or subsection (a)(3)(A) with respect to a location if the location demonstrates to the Secretary’s satisfaction that the reason the location averages fewer than 10 enplanements per day or has a subsidy higher than $500 per passenger is due to a temporary decline in demand; provided, that the Secretary may not provide more than 2 consecutive waivers of subsection (a)(2) or subsection (a)(3)(A) to any location.”; and
(6)
in subsection (f), by striking “subsection (a)(1)(B)” and inserting “subsection (a)(2)”.
(b)

Improvements to basic essential air service
(1)

In general
Section 41732 of title 49, United States Code, is amended—
(A)
in subsection (a)(1), by striking “hub airport” and all that follows through “beyond that airport” and inserting “medium or large hub airport”; and
(B)
in subsection (b)—
(i)
in paragraph (2), by striking “and at prices” and all that follows through the period; and
(ii)
by striking paragraphs (3) through (6).
(c)

Level of basic essential air service
Section 41733 of title 49, United States Code, is amended—
(1)
in subsection (c)(1)—
(A)
by striking subparagraph (B) and inserting the following:
“(B)
the contractual, marketing arrangements, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport;”;
(B)
by striking subparagraph (C) and redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively;
(C)
in subparagraph (D), as so redesignated, by striking “and” after the semicolon;
(D)
in subparagraph (E), as so redesignated, by striking the period at the end and inserting “; and”; and
(E)
by adding at the end the following:
“(F)
service provided in aircraft with at least 2 engines and using 2 pilots.”; and
(2)
in subsection (h), by striking “by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022)” and inserting “under section 41731(a)(3)”.
(d)

Ending, suspending, and reducing basic essential air service
Section 41734 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking “An air carrier” and inserting “Subject to subsection (d), an air carrier”; and
(B)
by striking “90” and inserting “180”;
(2)
by striking subsection (d) and inserting the following:
“(d)

Continuation of compensation after notice period
(1)

In general
If an air carrier receiving compensation under section 41733 of this title for providing basic essential air service to an eligible place is required to continue to provide service to the place under this section after the 180-day notice period under subsection (a) of this section, the Secretary—
(A)
shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) of this section;
(B)
may pay an additional amount that represents a reasonable return on investment; and
(C)
may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues.
(2)

Authority
The Secretary may impose contract termination penalties or conditions on compensation that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service.”;
(3)
in subsection (e), by striking “providing that service after the 90-day notice period” and all that follows through the period at the end of paragraph (2) and inserting “providing that service after the 180-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 180-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 180-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs.”; and
(4)
in subsection (f), by inserting “air” after “find another”.
(e)

Enhanced essential air service
Section 41735 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.
(f)

Air transportation to noneligible places
Section 41736 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.
(g)

Compensation guidelines, limitations, and claims
Section 41737(d) of title 49, United States Code, is amended—
(1)
by striking “(1)” before “The Secretary may”; and
(2)
by striking paragraph (2).
(h)

Joint proposals
Section 41740 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.
(i)

Essential air service authorization
(1)

In general
Section 41742(a) of title 49, United States Code, is amended—
(A)
in paragraph (1), by striking “$50,000,000” and inserting “$154,400,000”;
(B)
in paragraph (2), by striking “$155,000,000 for fiscal year 2018,” and all that follows through “2023” and inserting “$335,000,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028”; and
(C)
by striking paragraph (3).
(2)

Effective date
The amendments made by paragraph (1) shall take effect on October 1, 2023.
(j)

Preservation of basic essential air service at single carrier dominated hub airports
Section 41744 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.
(k)

Community and regional choice programs
Section 41745 of title 49, United States Code, is amended—
(1)
in subsection (a)(3), by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E);
(2)
by striking subsections (b) and (c); and
(3)
by redesignating subsections (d) through (g) as subsections (b) through (e), respectively.
(l)

Marketing program
Section 41748 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.
742.

Small community air service development grants
Section 41743 of title 49, United States Code, is amended—
(1)
in subsection (c)—
(A)
in paragraph (4)(B), by striking “10-year” and inserting “5-year”; and
(B)
in paragraph (5)(E), by inserting “or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes)” after “terminated”;
(2)
in subsection (d)—
(A)
in paragraph (1), by inserting “, which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal” after “3 years”;
(B)
in paragraph (2), by striking “and” after the semicolon;
(C)
in paragraph (3), by striking the period and inserting “; and”; and
(D)
by adding at the end the following:
“(4)
to provide assistance to an airport where air service has been terminated or substantially reduced.”;
(3)
in subsection (e)—
(A)
in paragraph (1), by inserting “or the community's current air service needs” after “the project”;
(B)
in paragraph (2), by striking “$10,000,000 for each of fiscal years 2018 through 2023” and inserting “$20,000,000 for each of fiscal years 2024 through 2028”;
(4)
in subsection (g)(4), by striking “and the creation of aviation development zones”; and
(5)
by striking subsections (f) and (h) and redesignating subsection (g) (as amended by paragraph (4)) as subsection (f).
743.

GAO study and report on the alternate Essential Air Service program
(a)

Study
The Comptroller General shall study the effectiveness of the Alternate Essential Air Service program (in this section referred to as the Alternate EAS program), including challenges if any that have impeded robust community participation in the Alternate EAS program. The study shall include an assessment of potential changes to the Alternate EAS program and the basic Essential Air Service programs under section 41731 of title 49, United States Code, wherein Governors of Essential Air Service eligible States and Puerto Rico are given block grants to distribute Essential Air Service funds to Essential Air Service eligible communities in their States and Puerto Rico.
(b)

Briefing
Not later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
VIII

NEW ENTRANTS
A

Unmanned Aircraft Systems
801.

Office of Advanced Aviation Technology and Innovation
Section 106 of title 49, United States Code, is amended by adding at the end the following new subsection:
“(u)

Office of the Associate Administrator for Advanced Aviation Technology and Innovation
(1)

Establishment
There is established in the Federal Aviation Administration the Office of Advanced Aviation Technology and Innovation (in this subsection referred to as the “Office”).
(2)

Associate administrator
The Office shall be headed by an Associate Administrator, who shall—
(A)
be appointed by the Administrator; and
(B)
report directly to the Administrator.
(3)

Purposes
The purposes of the Office are to—
(A)
serve as an entry point for stakeholders to share information with the Federal Aviation Administration on advanced aviation technologies;
(B)
examine the potential impact of advanced aviation technologies on the national airspace system, and methods to safely integrate into the national airspace system;
(C)
work collaboratively with subject matter experts from all lines of business and staff offices to examine advanced aviation technologies and concepts for integration into the national airspace system in an expeditious manner that takes into account acceptable levels of risk;
(D)
lead cross-U.S. government collaborative efforts to develop integrated approaches for the acceleration and deployment of Advanced Technologies;
(E)
provide leadership with regard to internal collaboration, industry engagement, and collaboration with international partners;
(F)
lead cross-FAA integration, planning, coordination, and collaboration in support of the integration of advanced aviation technologies ;
(G)
support the development of safety cases for advanced aviation technologies in coordination with the operational approval office; and
(H)
coordinate and review approval of advanced aviation technologies, including support to and approval of any required rulemakings, exemptions, waivers, or other types of authorizations, as appropriate.
(4)

Duties
The Associate Administrator shall—
(A)
establish, manage, and oversee the Office of Advanced Aviation Technology and Innovation;
(B)
develop and maintain a comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies;
(C)
collaborate with Federal Aviation Administration organizations to identify and develop specific recommendations to address skills gaps in the existing engineer and inspector workforce involved in the certification and operational approval of safety technology;
(D)
coordinate and review, as appropriate, rulemaking activities related to advanced aviation technologies, including by scoping complex regulatory issues, evaluating internal processes, and positioning the Federal Aviation Administration to support aerospace innovation;
(E)
coordinate and review, as appropriate, applications for type, production, or airworthiness certificates, or alternatives to airworthiness certificates, operating and pilot certification, and airspace authorizations, among others, related to advanced aviation technologies;
(F)
coordinate and review, as appropriate, applications for waivers, exemptions and other operational authorizations;
(G)
coordinate and review the implementation of the process required by section 2209 of the FAA Extension, Safety, and Security Act of 2016 (as amended) (49 U.S.C. 40101 note);
(H)
coordinate with the Chief Operating Officer of the Air Traffic Organization and other agency leaders to develop policies to address airspace integration issues at all levels of uncontrolled and controlled airspace;
(I)
implement the BEYOND program and the UAS Test Site Program, among others, and develop other pilot programs in partnership with industry stakeholders and State, local, and Tribal Governments to enable highly automated and autonomous operations of Advanced Technologies unmanned aircraft systems, AAM, and other innovative aviation technologies at scale by providing the data necessary to support rulemakings and other approval processes;
(J)
serve as the designated Federal officer to the Advanced Aviation Technology and Innovation Steering Committee; and
(K)
serve as the Federal Aviation Administration lead for the Drone Safety Team.
(5)

Congressional briefings
Not later than 60 days after establishing the position in paragraph (1), and on a quarterly basis thereafter, the Administrator shall brief the appropriate committees of Congress on the status of—
(A)
implementing the comprehensive strategy and action plan for fully integrating advanced aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies;
(B)
rulemakings, major guidance documents, and other agency pilot programs or initiatives supporting the comprehensive strategy and action plan;
(C)
implementing recommendations from the Advanced Aviation Technology and Innovation Steering Committee; and
(D)
engagement with international aviation regulators to develop global standards for advanced aviation technologies.
(6)

UAS integration office
Not later than 90 days after the date of enactment of this subsection, the functions, duties and responsibilities of the UAS Integration Office shall be incorporated into the Office.
(7)

Definitions
In this subsection:
(A)

AAM
The term AAM has the meaning given the term advanced air mobility in section 2(i)(1) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note).
(B)

Advanced aviation technologies
The term advanced aviation technologies means technologies for which introduction has potential safety implications and shall include unmanned aircraft systems, powered-lift aircraft, electric propulsion, and super- and hypersonic aircraft.”.
802.

Advanced Aviation Technology and Innovation Steering Committee
(a)

Establishment
Not later than 30 days after the date of enactment of this section, the Administrator shall establish an Advanced Aviation Technology and Innovation Steering Committee (in this section referred to as the Steering Committee) to ensure the FAA’s comprehensive strategy and action plan for fully integrating unmanned aircraft systems, AAM, and other innovative aviation technologies into the national aviation ecosystem and providing full authorization for operations at scale for each of these technologies as reflects the equities and interests of all stakeholders within the agency.
(b)

Chair
The Associate Administrator for Advanced Aviation Technology and Innovation shall serve as the Chair of the Steering Committee.
(c)

Composition
In addition to the Chair, the Steering Committee shall consist of at least 1 senior leader of each of the following FAA offices:
(1)
Aircraft Certification Service.
(2)
Flight Standards Service.
(3)
Air Traffic Organization.
(4)
Office of Accident Investigation and Prevention.
(5)
Office of Aerospace Medicine.
(6)
Office of Airports.
(7)
Office of Commercial Space.
(8)
Office of Finance and Management.
(9)
Office of NextGen or any successor office.
(10)
Office of the Chief Counsel.
(11)
Office of Rulemaking.
(12)
Office of Policy, International Affairs, and Environment.
803.

Beyond visual line of sight operations for unmanned aircraft systems
(a)

In general
Chapter 448 of title 49, United States Code, is amended by adding at the end the following:
“44811.

Beyond visual line of sight operations for unmanned aircraft systems
(a)

In general
Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the “Administrator”) shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as “BVLOS”) operations.
(b)

Consultation
(1)

In general
Subject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022.
(2)

Exception
If the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination.
(c)

Final rule
(1)

In general
Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations.
(2)

Requirements
The final rule described in paragraph (1) shall, at a minimum, do the following:
(A)
Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted.
(B)
Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights.
(C)
Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate.
(D)
Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance, which—
(i)
shall not require type or production certification;
(ii)
shall, at least, govern airworthiness of any unmanned aircraft system that—
(I)
is not—
- (aa)
a small unmanned aircraft system; and
- (bb)
appropriate for the process described in subparagraph (C), as determined by the Administrator;
(II)
has a maximum gross weight of not more than 1,320 lbs; and
(III)
has a maximum speed of 100 miles per hour; and
(iii)
may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least—
(I)
400 feet above ground level; or
(II)
with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit.
(E)
Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D).
(F)
Establish operating rules for—
(i)
the operation of the unmanned aircraft systems described in subparagraphs (C), (D), or (E); and
(ii)
certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1).
(3)

Rule of construction
Nothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.”.
(b)

Clerical amendment
The analysis for chapter 448 of title 49, United States Code, is amended by inserting after the item relating to section 44810 the following:
“44811. Beyond visual line of sight operations for unmanned aircraft systems.”.
804.

Extending special authority for certain unmanned aircraft systems
(a)

Extension
Section 44807(d) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “on the date the rules described in section 44811 take effect”.
(b)

Clarification
Section 44807(a) of title 49, United States Code, is amended by inserting “or chapter 447” after “Notwithstanding any other requirement of this chapter”.
(c)

Expedited exemptions
In exercising authority under section 44807 of title 49, United States Code (as amended by subsection (a)), the Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions—
(1)
to enable—
(A)
low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or
(B)
extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view; or
(2)
that are aligned with FAA exemptions that enable beyond visual line of sight operations with the use of acoustics, ground based radar, and other technological solutions.
(d)

Clarification of status of previously issued rulemakings and exemptions
(1)

Rulemakings
Any rulemaking published prior to the date of enactment of this section under the authority described in section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority.
(2)

Exemptions
Any exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption.
(3)

Delegation
The authority granted to the Secretary in such section 44807 may continue to be delegated to the Administrator in whole or in part.
(4)

Rules of construction
Nothing in this section shall be construed to interfere with the Secretary's—
(A)
authority to rescind or amend the granting of an exemption for reasons such as unsafe conditions or operator oversight; or
(B)
ability to grant an exemption based on a determination made pursuant to such section 44807 prior to the date described in subsection (d) of such section.
805.

Environmental Review and Noise Certification
(a)

National Environmental Policy Act guidance
Not later than 90 days after the date of enactment of this section, the Administrator shall publish drone-specific environmental review guidance and implementation procedures and thereafter revise such guidance as appropriate to carry out the requirements of this section.
(b)

Programmatic level approach to NEPA review
Not later than 90 days after the date of enactment of this section, the Administrator shall examine and integrate programmatic-level approaches to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including regulations promulgated to carry out that Act) for the commercial drone industry to create an efficient process for preparing environmental reviews of reasonably foreseeable drone operations across a geographic region, for an individual operator’s network of drone operations within a defined geographic region, and for operations within and over commercial and industrial sites closed or restricted to the public.
(c)

Developing one or more categorical exclusions
The Administrator shall engage in ongoing consultations with the Council on Environmental Quality to identify actions that are appropriate for a categorical exclusion and shall incorporate such actions in FAA Order 1050.1F, as amended or revised, from time to time, as, and when, deemed appropriate.
(d)

Suspension of noise certification requirement pending standards development
(1)

In general
Upon the date of enactment of this section, and notwithstanding the requirements of section 44715 of title 49, United States Code, the Administrator shall waive the determination of compliance with part 36 of title 14, Code of Federal Regulations, for drone models seeking type and airworthiness certification, and shall not deny, withhold, or delay such certification due to the absence of a noise certification basis under such part, provided the FAA has developed appropriate noise measurement procedures for such drone models and the FAA has received the noise measurement results based on those procedures from the applicant.
(2)

Duration
The suspension provided in this subsection shall continue until such time as the Administrator publishes final noise certification standards for drones as amendments to part 36 of title 14, Code of Federal Regulations, or to another part of title 14 of such Code.
(3)

Deadline for noise certification standards
Based on drone noise data the Administrator has received in the process of reviewing applications for type and airworthiness certification, in conducting environmental assessments of proposed drone operations under section 44807 of title 49, United States Code, and part 135 of title 14, Code of Federal Regulations, and from other sources, including standards organizations, the Administrator shall propose generally applicable drone noise certification standards, not later than the date that is 36 months after the date of enactment of this section, and following notice and comment rulemaking procedures, and shall publish final noise certification standards not later than 24 months after the date on which the period for public comment on such proposed generally applicable noise certification standards ends.
(e)

Drone defined
In this section, the term drone has the meaning given the term unmanned aircraft in section 44801 of title 49, United States Code.
806.

UTM implementation
(a)

Approval process
Not later than 270 days after the date of enactment of this section, the Administrator shall establish procedures, which may include a rulemaking, to establish a standard approval process for third party service suppliers of UTM in order to fulfill safety functions for Beyond Visual Line of Sight.
(b)

ASTM standard
- In establishing the standard approval process required by subsection (a), the Administrator shall ensure that ASTM International Standard F3548–21, entitled “UAS Traffic Management (UTM) UAS Service Supplier (USS) Interoperability”, and any future possible revisions as refined and validated by the Administrator in conjunction with stakeholders including the private sector, is included as an acceptable means of compliance.
(c)

Certification
(1)

In general
Not later than 180 days of the date of enactment of this section, the Administrator shall initiate a process, which may include a rulemaking, to define and implement criteria and conditions for the certification and oversight of third party service suppliers of UTM that could have a direct or indirect impact on air traffic services in the national airspace system and require FAA oversight.
(2)

Considerations
In carrying out the certification process described in paragraph (1) the Administrator shall consider the facilitation and streamlining of processes for global recognition and applicability, including through bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements.
(d)

Definitions
In this section:
(1)

Third party service supplier
The term third party service supplier means an entity other than the UAS operator or the FAA that provides a distributed service that affects the national airspace system safety, including UAS Service Suppliers (USS), Supplemental Data Service Providers (SDSPs), and infrastructure providers such as ground-based surveillance, command-and-control and information exchange to another party.
(2)

UTM
The term UTM has the meaning given that term in section 44801 of title 49, United States Code.
(3)

UAS
The term UAS has the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code.
807.

Operations over the high seas
(a)

In general
Not later than 180 days after the date of enactment of this section, and to the extent permitted by treaty obligations of the United States, including the Convention on International Civil Aviation, the Administrator shall establish and implement an operational approval process to permit small unmanned aircraft systems (as defined in section 44801 of title 49, United States code), and unmanned aircraft systems (as so defined) with a special airworthiness certificate, to operate over the high seas within flight information regions for which the United States is responsible for the operational control.
(b)

Consultation
In establishing and implementing the approval process under subsection (a), the Administrator shall consult with appropriate stakeholders outside of the FAA, including industry stakeholders.
808.

Extension of the BEYOND program
(a)

In general
Chapter 448 of title 49, United States Code, as amended by section 803(a), is amended by adding at the end the following new section:
“44812.

BEYOND program
During the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration shall continue to operate the Federal Aviation Administration's BEYOND program (as established on October 26, 2020) under the same terms and conditions applicable under such program as of such date of enactment. A waiver or authority granted under the Unmanned Aircraft System Integration Pilot Program established under section 351 of the FAA Reauthorization Act of 2018 shall continue to apply during such period to an entity participating in the BEYOND program under such waiver or authority on such date of enactment for so long as the entity continues to participate in the BEYOND program.”.
(b)

Clerical amendment
The analysis for chapter 448 of title 49, United States Code, as amended by section 803(b), is amended by inserting after the item relating to section 44811 the following:
“44812. BEYOND program.”.
809.

Extension of the Know Before You Fly campaign
Section 356 of the FAA Reauthorization Act of 2018 (Pub. Law 115–254; 132 Stat. 3305) is amended by striking “2019 through 2023” and inserting “2024 through 2028”.
810.

Unmanned aircraft system data exchange
(a)

Data exchange plan
Not later than 180 days after the date of enactment of this section, the Administrator shall develop and submit to the appropriate committees of Congress a plan to make available data that is prudent to ensure the safe integration of unmanned aircraft systems into the national airspace system. Such plan shall include the following:
(1)
A description of technical efforts to digitize and automate aeronautical information (including through the development and use of an unmanned aircraft systems geospatial information management system) to provide an authoritative source of geospatial information to support the operation of unmanned aircraft systems in the national airspace system.
(2)
Suggested refinements to standard sets of aeronautical information for current and upcoming unmanned aircraft systems integration efforts to facilitate the exchange of unmanned aircraft systems data that is relevant to the unmanned aircraft systems community.
(3)
An identification of sensitive flight data that may require information security controls or protection to safeguard the operational security of such flight activity with respect to air navigation services that contain information about sensitive national security or law enforcement flights.
(4)
Means and service fees for the data to be shared consistent with industry standard geospatial formats.
(b)

Coordination
In developing the plan under subsection (a), the Administrator shall—
(1)
solicit from the Secretary of the Interior and other departments or agencies, as deemed necessary by the Administrator, information relevant to the safe operation of unmanned aircraft systems in the national airspace system; and
(2)
coordinate with unmanned aircraft systems industry and technical groups to identify an efficient and effective format, method, and cadence for providing the required data.
811.

Unmanned aircraft system detection and mitigation enforcement authority
(a)

In general
Chapter 448 of title 49, United States Code, as amended by sections 803(a) and 808(a), is amended by adding at the end the following:
“44813.

Unmanned aircraft system detection and mitigation enforcement
(a)

Prohibition
(1)

In general
No person may operate a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system.
(2)

Actions by the Administrator
The Administrator of the Federal Aviation Administration may take such action as may be necessary to address the adverse impacts or interference of operations that violate paragraph (1).
(3)

Termination
The prohibition under paragraph (1) shall not apply on or after September 30, 2028.
(b)

Penalties
A person who operates a system or technology in violation of subsection (a)(1) is liable to the Federal Government for a civil penalty of not more than $25,000 per violation.
(c)

Rule of construction
The term person as used in this section does not include—
(1)
the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government; or
(2)
an officer, employee, or contractor of the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government if the officer, employee, or contractor is authorized by the Federal Government or any bureau, department, instrumentality, or other agency of the Federal Government to operate a system or technology referred to in subsection (a)(1).
(d)

Briefing to Congress
Not later than 1 year after the date of enactment of this section, and annually thereafter, the Administrator shall brief the appropriate committees of Congress on any enforcement actions taken (including any civil penalties imposed) using the authority under this section.”.
(b)

Clerical amendment
The analysis for chapter 448 of title 49, United States Code, as amended by sections 803(b) and 808(b), is amended by inserting after the item relating to section 44812 the following:
“44813. Unmanned aircraft system detection and mitigation enforcement.”.
812.

Recreational operations of drone systems
(a)

In general
Section 44809 of title 49, United States Code, is amended—
(1)
in subsection (a) by striking paragraph (6) and inserting the following:
“(6)
Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in subsection (c)(2), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions.”;
(2)
in subsection (c)—
(A)
in paragraph (1) by striking “organization conducting a sanctioned event” and inserting “organization sponsoring operations”;
(B)
by redesignating paragraph (2) as paragraph (3);
(C)
in paragraph (3) (as so redesignated)—
(i)
in the paragraph heading by striking “weighing more than 55 pounds” and inserting “weighing 55 pounds or greater”;
(ii)
in the matter preceding subparagraph (A), by striking “weighing more than 55 pounds” and inserting “weighing 55 pounds or greater”; and
(iii)
in subparagraph (B), by inserting “or (2)” after “paragraph (1)”; and
(D)
by inserting after paragraph (1) the following:
“(2)

Operations in class g airspace
Subject to compliance with all airspace and flight restrictions and prohibitions established under this chapter, such as special use airspace designations and temporary flight restrictions—
(A)
persons operating drones under subsection (a) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace—
(i)
up to 400 feet above ground level, without prior authorization from the Administrator; and
(ii)
above 400 feet above ground level, with prior authorization from the Administrator; and
(B)
persons operating drones under paragraph (3) from a fixed site at which the operations are sponsored by a community-based organization may operate within Class G airspace with prior authorization from the Administrator.”;
(3)
in subsection (d) by striking the subsection heading and all that follows through “Nothing in this subsection” and inserting the following:
“(d)

Savings clause
Nothing in this subsection”;
(4)
in subsection (f)(1) by striking “updates to the operational parameters” and inserting “the operational limitations”; and
(5)
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 UAS at institutions of higher education
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 after paragraph (1) 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), in the matter preceding subparagraph (A), by inserting “an elementary school, or a secondary school,” after “institution of higher education,”; and
(B)
by adding at the end the following:
“(3)

Elementary school
The term elementary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4)

Secondary school
The term secondary school has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”.
813.

UAS test ranges
(a)

In general
Chapter 448 of title 49, United States Code, is amended by striking section 44803 and inserting the following:
“44803.

Unmanned aircraft test ranges
(a)

Test ranges
(1)

In general
The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system test ranges to—
(A)
enable a broad variety of research, development, testing, and evaluation activities at the test ranges; and
(B)
not later than 5 years after the date of enactment of the FAA Reauthorization Act of 2023, expand the number of test ranges, to the extent consistent with aviation safety and efficiency, for purposes of the safe integration of unmanned aircraft systems into the national airspace system.
(2)

Designations
(A)

In general
Subject to subparagraph (B), the designations of test ranges under this section may include the following:
(i)
The 7 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and pursuant to section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note), which, except for the eligibility factors as provided in paragraph (3) of this section, shall each be subject to the requirements of this section.
(ii)
Two additional test ranges subject to the requirements of this section, which may be established by the Administrator through a competitive selection process after successful conversion of test ranges established prior to the date of enactment of the FAA Reauthorization Act of 2023 and at least 6 months of data sharing demonstrating safe operations and improved use of the test range consistent with any standard established by the Administrator through the selection process.
(B)

Limitation
Not more than 9 test ranges shall be designated under this section at any given time.
(3)

Eligibility
An applicant shall be considered eligible for designation as a test range sponsor under paragraph (2)(A)(ii) based on the following criteria:
(A)
The applicant shall be an instrumentality of a State, a local, tribal, or territorial government, or other public entity.
(B)
The applicant shall be approved by the chief executive officer of the State, local, territorial, or tribal government for the applicant's principal place of business, prior to seeking designation by the Administrator.
(C)
The applicant shall not have been selected previously by the Administrator to sponsor or host a test range covered by this section.
(D)
The applicant shall undertake and ensure testing in innovative concepts, technologies, and operations that will offer new safety benefits, including expanding advanced research and developing and retaining an advanced aviation industrial base within the United States.
(E)
The applicant shall meet any other requirements established by the Administrator in a competitive selection process.
(b)

Airspace requirements
(1)

In general
In carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of—
(A)
accommodating hazardous research, development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or
(B)
other activities authorized by the Administrator pursuant to subsection (f).
(2)

NEPA review
The Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision and adoption by the Federal Aviation Administration, with respect to any request for the establishment of a restricted area under this subsection.
(3)

Inactive restricted area
(A)

In general
In the event a restricted area established under paragraph (1) is not needed to meet the requirements of the using agency (as described in subparagraph (B)), the restricted area shall be inactive and revert to the controlling agency.
(B)

Using agency
For purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under this subsection.
(4)

Approval authority
The Administrator shall have the authority to approve access by a participating or nonparticipating operator to a test range or restricted area established by the Administrator under this subsection.
(c)

Program requirements
In carrying out the program under subsection (a), the Administrator—
(1)
may develop operational standards and air traffic requirements for flight operations at test ranges;
(2)
shall coordinate with, and leverage the resources of, the National Aeronautics and Space Administration and the Department of Defense, as appropriate;
(3)
shall address both civil and public aircraft operations;
(4)
shall provide for verification of the safety of flight systems and related navigation procedures as it relates to the continued development of standards for integration of unmanned aircraft systems into the national airspace system;
(5)
shall engage test range sponsors, as necessary and with available resources, in projects for research, development, testing, and evaluation of flight systems to facilitate the Federal Aviation Administration’s development of standards for the safe integration of unmanned aircraft systems into the national airspace system, which may include solutions for—
(A)
developing and enforcing geographic and altitude limitations;
(B)
providing for alerts by the manufacturer regarding any hazards or limitations on flight, including prohibition on flight as necessary;
(C)
developing sense and avoid capabilities;
(D)
developing technology to support communications, navigation, and surveillance;
(E)
beyond visual line of sight (BVLOS) operations, nighttime operations, operations over people, operations involving multiple small unmanned aircraft systems, unmanned aircraft systems traffic management, or other critical research priorities; and
(F)
improving privacy protections through the use of advances in unmanned aircraft systems;
(6)
shall coordinate periodically with all test range sponsors to ensure the test range sponsors know which data should be collected, how data can be de-identified to flow more readily to the Federal Aviation Administration, what procedures should be followed, and what research would advance efforts to safely integrate unmanned aircraft systems into the national airspace system; and
(7)
shall allow test range sponsors to receive Federal funding (including in-kind contributions), other than from the Federal Aviation Administration, from test range participants in furtherance of research, development, and testing objectives.
(d)

Exemption
Except as provided in subsection (f), the requirements of section 44711 (including any related implementing regulations) shall not apply to persons approved by the test range sponsor for operation at a test range designated by the Administrator under this section.
(e)

Responsibilities of test range sponsors
The sponsor of each test range designated by the Administrator under subsection (a) shall do the following:
(1)
Provide access to all interested private and public entities seeking to carry out research at the test range, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)).
(2)
Maintain operational control for all testing activities conducted at its respective test range.
(3)
Ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area covering the test range.
(4)
Ensure any activity conducted at the designated test range is not conducted in a careless or reckless manner.
(5)
Establish safe operating procedures for all operators approved for testing activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator.
(6)
Exercise direct oversight of all operations conducted at the test range.
(7)
Consult with the Administrator on the nature of planned activity at the test range and whether segregation of the airspace is required to contain the activity consistent with aviation safety.
(8)
Protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range.
(9)
Maintain detailed records of all ongoing and completed research activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor.
(10)
Make all original records available for inspection upon request by the Administrator.
(11)
Provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private research and development operations at the test ranges that contribute to the Federal Aviation Administration’s safe integration of unmanned aircraft systems into the national airspace system.
(f)

Testing
The Administrator may authorize a sponsor of a test range designated under subsection (a) to host research, development, testing, and evaluation activities other than those directly related to the integration of unmanned aircraft systems into the national airspace system, provided that—
(1)
the activity is necessary to inform the development of standards or policy for integrating new types of flight systems into the national airspace system; and
(2)
the Administrator waives the requirements of section 44711 (including any related implementing regulations) to the extent the Administrator determines such waiver is consistent with aviation safety.
(g)

Collaborative research and development agreements
The Administrator may use the transaction authority under section 106(l)(6), in coordination with the Center of Excellence for Unmanned Aircraft Systems, to enter into collaborative research and development agreements or to direct research related to unmanned aircraft systems, including at any test range designated under subsection (a).
(h)

Use of Center of Excellence for Unmanned Aircraft Systems
The Administrator, in carrying out research necessary to implement the consensus safety standards accepted under section 44805, shall, to the maximum extent practicable, leverage the research and testing capacity and capabilities of the Center of Excellence for Unmanned Aircraft Systems and the test ranges designated under subsection (a).
(i)

Clarification
Nothing in this section shall be construed as authorizing the research, development, testing, evaluation, or any other use of a system or technology for the detection or mitigation of unmanned aircraft systems (commonly referred to as “counter-UAS”) at any test range designated under subsection (a).
(j)

Termination
The program under this section shall terminate on September 30, 2028.”.
(b)

Conforming amendment
Section 44801(10) of title 49, United States Code, is amended by striking “any of the 6 test ranges established by the Administrator under section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018, and any public entity authorized by the Federal Aviation Administration as an unmanned aircraft system flight test center before January 1, 2009” and inserting “the test ranges designated by the Administrator under section 44803”.
814.

Authority regarding protection of certain facilities and assets from unmanned aircraft
Section 547 of title V of division F of the Consolidated Appropriations Act, 2023 (Public Law 117–328) is amended by striking “September 30, 2023” and inserting “September 30, 2026”.
815.

Airport safety and airspace hazard mitigation and enforcement
Section 44810(h) of title 49, United States Code, is amended by striking “September 30, 2023” and inserting “September 30, 2028”.
816.

Special authority for transport of hazardous materials by commercial package delivery unmanned aircraft systems
(a)

In general
Notwithstanding any other Federal requirement or restriction related to the transportation of hazardous materials on aircraft, the Secretary shall, beginning not later than 180 days after enactment of this section, use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize the safe transportation of hazardous materials by unmanned aircraft systems providing common carriage under part 135 of title 14, Code of Federal Regulations, or under other authorities, as applicable.
(b)

Requirement
In implementing the authority in subsection (a), the Secretary shall consider, at a minimum—
(1)
the safety of the public and users of the national airspace system;
(2)
efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems; and
(3)
the risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the likelihood, if any, that such operations will carry small quantities of hazardous materials.
(c)

Conformity of hazardous materials regulations
The Secretary shall make such changes as necessary to conform the hazardous materials regulations under parts 173 and 175 of title 49, Code of Federal Regulations, to this section. Such changes shall not be required before the Secretary exercises the authority provided for in this section.
(d)

Definitions
In this section:
(1)

Hazardous materials
The term hazardous materials has the meaning given that term in section 5102 of title 49, United States Code.
(2)

Unmanned aircraft system
The term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.
B

Advanced Air Mobility
821.

Sense of Congress on FAA leadership
It is the sense of Congress that—
(1)
the United States should take actions to position itself as a global leader in advanced air mobility; and
(2)
as such a global leader, the FAA should—
(A)
prioritize its work on the type certification of aircraft;
(B)
publish in line with its stated deadlines rulemakings and policy necessary to enable commercial operations, such as the powered-lift Special Federal Aviation Regulation (SFAR);
(C)
work with global partners to promote acceptance of advanced air mobility products; and
(D)
leverage the existing aviation system to the greatest extent possible to support advanced air mobility operations.
822.

Aviation Rulemaking Committee on certification of powered-lift aircraft
(a)

In general
Not later than 180 days after the date on which the first special class type certificate for powered-lift aircraft is issued, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to provide the Administrator with specific findings and recommendations for the creation of a standard certification pathway for the certification of powered-lift aircraft.
(b)

Report
(1)

In general
Not later than 1 year after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator a report detailing the findings and recommendations of the Committee.
(2)

Considerations
In submitting the report under paragraph (1), the Committee shall consider the following:
(A)
Broad, outcome-driven safety objectives that will spur innovation and technology adoption and promote the development of performance-based regulations.
(B)
Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for powered-lift aircraft.
(c)

Rulemaking
Not later than 90 days after the date on which the Committee submits the report to the Administrator under subsection (b), the Administrator shall initiate a rulemaking to implement the findings and recommendations of the Committee, as determined appropriate by the Administrator.
823.

Application of National Environmental Policy Act (NEPA) categorical exclusions for vertiport projects
(a)

In general
In considering the environmental impacts of a proposed vertiport project on an existing airport, the Administrator shall—
(1)
apply an applicable categorical exclusion in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations; and
(2)
after consultation with the Council on Environmental Quality, take steps to establish categorical exclusions for vertiports on an existing airport, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and subchapter A of chapter V of title 40, Code of Federal Regulations.
(b)

Definitions
In this section:
(1)

Advanced air mobility; AAM
The terms “advanced air mobility” and “AAM” mean a transportation system that transports people and property by air between two points in the United States using aircraft with advanced technologies, including electric aircraft or electric vertical take-off and landing aircraft, in both controlled and uncontrolled airspace.
(2)

Vertiport
The term vertiport means a designated location used or intended to be used to support advanced air mobility (AAM) operations, including the landing, take-off, loading, taxiing, parking, and storage of aircraft developed for advanced air mobility (AAM) operations.
824.

Advanced Air Mobility Working Group amendments
Section 2(f) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C. 40101 note) is amended—
(1)
in paragraph (1), by striking “and” at the end;
(2)
by redesignating paragraph (2) as paragraph (3);
(3)
by inserting after paragraph (1) the following new paragraph:
“(2)
recommendations for sharing expertise and data on critical items, including long-term electrification requirements and the needs of cities (from a macro-electrification standpoint) to enable the deployment of AAM; and”; and
(4)
in paragraph (3), as redesignated by paragraph (2) of this section, by striking “paragraph (1)” and inserting “paragraphs (1) and (2)”.
825.

Rules for operation of powered-lift aircraft
(a)

Powered-lift aircraft defined
In this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. Such term includes, but is not limited to, electric aircraft capable of vertical take-off and landing (eVTOL).
(b)

Rulemaking
Not later than December 31, 2024, the Administrator shall finalize a Powered-Lift Special Federal Aviation Regulation (SFAR) establishing a procedure for certifying pilots and the operation of powered-lift aircraft capable of transporting passengers and cargo.
826.

International coordination on powered-lift aircraft
(a)

Powered-lift aircraft plan
(1)

In general
Not later than 90 days after the date of enactment of this section, the Administrator shall develop a plan to facilitate the ability of the aerospace industry of the United States to efficiently operate powered-lift aircraft and export powered-lift products and articles in key markets globally.
(2)

Requirements
The plan developed under paragraph (1) shall include the following:
(A)
An assessment of existing bilateral aviation safety agreements, implementation procedures, and other associated bilateral arrangements so that current and future powered-lift products and articles can utilize the most appropriate validation mechanisms and procedures for powered-lift aircraft, products, and articles.
(B)
A description of methods to facilitate the efficient, global acceptance of the FAA approach to certification of powered-lift aircraft, products, and articles.
(C)
Any other information determined appropriated by the Administrator.
(b)

Coordination with civil aviation authorities
Not later than 90 days after the plan is developed under subsection (a), the Administrator shall coordinate with international civil aviation authorities in countries that have a bilateral safety agreement and implementation procedure with the United States regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.
(c)

Establishment of provisions
Not later than 2 years after the date of enactment of this section, the Administrator shall establish the mutual processes described in subsection (b).
(d)

Powered-lift aircraft defined
In this section, the term powered-lift aircraft means a heavier-than-air aircraft capable of vertical take-off, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on 1 or more nonrotating airfoils for lift during horizontal flight. Such term includes, but is not limited to, electric aircraft capable of vertical take-off and landing (eVTOL).
827.

Advanced air mobility propulsion systems aviation rulemaking committee
(a)

In general
Not later than 1 year after the date of enactment of this section, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to provide the Administrator with specific findings and recommendations for regulations covering, with respect to small and large type certificated aircraft, the certification and installation of—
(1)
electric engines and propellers;
(2)
hybrid electric engines and propulsion systems;
(3)
hydrogen fuel cells; and
(4)
hydrogen combustion engines or propulsion systems.
(b)

Considerations
In providing the findings and recommendations under subsection (a), the Committee shall consider the following:
(1)
Broad, outcome-driven safety objectives that will spur innovation and technology adoption, and promote the development of performance-based regulations.
(2)
Lessons and insights learned from previously published FAA special conditions and other Federal Register notices of airworthiness certification criteria for advanced air mobility engines, propellers, and aircraft.
(3)
The requirements of part 33 and part 35 of title 14, Code of Federal Regulations, any boundaries of applicability for stand alone engine type certificates (including highly integrated systems), and the use of technical standards order authorizations.
(c)

Report
Not later than 2 years after the date on which the Committee is established under subsection (a), the Committee shall submit to the Administrator and the appropriate committees of Congress a report containing the findings and recommendations described in subsection (a).
(d)

Briefing
Not later than 180 days after the date on which the Committee submits the report under subsection (c), the Administrator shall brief the appropriate committees of Congress regarding the FAA’s plans in response to the findings and recommendations contained in the report.
(e)

Safety cooperation
The Administrator shall lead efforts to engage with foreign authorities to further harmonize standards for certification and installation of the products described in paragraphs (1) through (4) of subsection (a).
IX

RESEARCH AND DEVELOPMENT AND INNOVATIVE AVIATION TECHNOLOGIES
901.

Advanced materials center of excellence enhancements
Section 44518 of title 49, United States Code, is amended—
(1)
in subsection (a), by striking “under its structure” and all that follows through the period and inserting “through September 30, 2028, under its structure as in effect on March 1, 2023, which shall focus on applied research and training on the safe use of composites and advanced materials in airframe structures. The Center shall also conduct research and development into aircraft structure crash worthiness and passenger safety, as well as address safe and accessible air travel of individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), including materials required to facilitate safe wheelchair restraint systems on commercial aircraft. The Administrator shall award grants to the Center within 90 days from the date the Grants Officer recommends a proposal for award to the Administrator.”; and
(2)
by striking subsection (b) and inserting the following:
“(b)

Responsibilities
The Center shall—
(1)
promote and facilitate collaboration among member universities, academia, the Federal Aviation Administration, the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers, and other appropriate stakeholders;
(2)
establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study, which should include all structural materials, such as carbon fiber polymers and thermoplastic composites, and structural technologies, such as additive manufacturing, to be used in applications within the commercial aircraft industry, including traditional fixed-wing aircraft, rotorcraft, and emerging aircraft types such as advanced air mobility aircraft; and
(3)
establish criteria for the safe movement of all passengers, including individuals with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (or any successor regulation)), and individuals using their personal wheelchairs in flight, that takes into account the modeling, engineering, testing, operating, and training issues significant to all passengers and relevant stakeholders.”.
902.

Center of excellence for unmanned aircraft systems
(a)

In general
Chapter 448 of title 49, United States Code, as amended by section 811(a), is amended by inserting after section 44813 the following new section:
“44814.

Center of Excellence for Unmanned Aircraft Systems
(a)

In general
During the period beginning on the date of enactment of this section, and ending on September 30, 2028, the Administrator shall continue operation of the Center of Excellence for Unmanned Aircraft Systems (referred to in this section as the “Center”) under the structure of the Center as in effect on January 1, 2023.
(b)

Responsibilities
The Center shall carry out the following responsibilities:
(1)
Conduct applied research and training on the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.
(2)
Promote and facilitate collaboration among academia, the FAA, Federal agency partners, and industry stakeholders (including manufacturers, operators, service providers, standards development organizations, carriers, and suppliers), with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.
(3)
Establish goals set to advance technology, improve engineering practices, and facilitate continuing education with respect to the safe and efficient integration of unmanned aircraft systems and advanced air mobility into the national airspace system.
(c)

Program participation
The Administrator shall ensure the participation in the Center of public institutions of higher education and research institutions that provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications and focus primarily on supporting pilot training for women aviators.”.
(b)

Clerical amendment
The analysis for chapter 448 of title 49, United States Code, as amended by section 811(b), is amended by inserting after the item relating to section 44813 the following:
“44814. Center of Excellence for Unmanned Aircraft Systems.”.
903.

ASSUREd safe credentialing authority
(a)

In general
Chapter 448 of title 49, United States Code, as amended by section 902(a), is amended by inserting after section 44814 the following new section:
“44815.

ASSUREd Safe credentialing authority
(a)

In general
Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall establish the credentialing authority for the Administration’s program of record (referred to in this section as ASSUREd Safe) under the Center of Excellence for Unmanned Aircraft Systems at the Mississippi State University.
(b)

Purposes
The ASSUREd Safe credentialing authority established under subsection (a) shall offer services throughout the United States, and to allies and partners of the United States, including—
(1)
online and in-person standards, education, and testing to certify first responders’ use of unmanned aircraft systems for public safety and disaster operations;
(2)
uniform communications standards, operational standards, and reporting standards for civilian, military, and international allies and partners; and
(3)
any other services determined appropriate by the Administrator of the Federal Aviation Administration.”.
(b)

Clerical amendment
The analysis for chapter 448 of such title, as amended by section 902(b), is amended by inserting after the item relating to section 44814 the following:
“44815. ASSUREd Safe Credentialing Authority.”.
904.

FAA and NASA advanced aviation technologies pilot program
(a)

Pilot program
(1)

Establishment
Not later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as the NASA Administrator), shall establish a pilot program to facilitate the appointment of individuals from NASA to the FAA to serve in temporary technical discipline expert positions relating to advanced aviation technologies (in this section referred to as the program).
(2)

Considerations
In developing the program, the Administrator shall consider—
(A)
existing mechanisms of collaboration between FAA and NASA relating to aeronautics programs, advisory committees, and work groups;
(B)
the degree to which FAA and NASA facilitate partnerships between subject matter experts to support the research and development, testing, and certification of advanced aviation technologies; and
(C)
how temporary appointments under the program may be best used to enhance the technical capacity of the FAA and technical partnerships between agencies.
(b)

Temporary appointment of NASA personnel
(1)

Terms and conditions
The Administrator, in coordination with the NASA Administrator, shall identify qualifying projects or activities at the FAA that would benefit from temporary appointments of highly qualified, experienced professionals under the program to enhance technical capacity, knowledge, skills, and abilities relating to research and development, certification, and the safe deployment of advanced aviation technologies. The Administrator and NASA Administrator shall jointly establish the terms and conditions of service under the program and issue relevant guidelines related to the responsibilities and duration of service of participating NASA personnel. In approving NASA personnel for participation in the program, the NASA Administrator shall certify that the temporary appointment of such personnel shall not have an adverse impact on the post-assignment employment duties of relevant NASA personnel or an undue adverse impact on the mission of the agency.
(2)

Special rules
The Administrator shall make clear that any responsibilities of NASA personnel participating in the program constitute serving in temporary technical discipline expert positions at the FAA and are subject to FAA conflict-of-interest policies and supervision.
(3)

Rules for pay and benefits for NASA personnel
Any individuals employed by NASA who are participating in the program shall continue to receive pay and benefits from NASA and shall not receive pay or benefits from the FAA for the duration of the program.
(c)

Authority to transfer and receive resources
In supporting the participation of NASA personnel, the Administrator and NASA Administrator may authorize the use of NASA technical services, equipment, software, and facilities without reimbursement to facilitate cooperation between agencies under the program.
(d)

Program review and report
(1)

Review
The Comptroller General shall conduct a comprehensive review of the program that includes evaluation of the impact of the program on improving coordination on projects and sharing of technical expertise between agencies relating to advanced aviation technologies.
(2)

Report
Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the review conducted under paragraph (1), along with recommendations for such future action as the Comptroller General determines appropriate.
905.

Advancing global leadership on civil supersonic aircraft
Section 181 of the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended—
(1)
in subsection (a), by striking “regulations, and standards” and inserting “regulations, standards, and recommended practices”; and
(2)
by adding at the end the following new subsection:
“(g)

Additional reports
(1)

Initial progress report
Not later than 1 years after the date of enactment of this subsection, the Administrator shall submit to the appropriate committees of Congress a report describing—
(A)
the progress of the actions described in subsection (d)(1);
(B)
any planned, proposed, or anticipated action to update or modify existing policies and regulations related to civil supersonic aircraft, including those identified as a result of stakeholder consultation and feedback (such as landing and takeoff noise); and
(C)
any other information determined appropriate by the Administrator.
(2)

Subsequent report
Not later than 2 years after the date on which the Administrator submits the initial progress report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress an updated report on the progress of the actions described in paragraph (1).”.
906.

CLEEN engine and airframe technology partnership
Section 47511 of title 49, United States Code, is amended—
(1)
in subsection (a), by striking “subsonic” after “fuels for civil”; and
(2)
by adding at the end the following:
“(d)

Selection
In carrying out the program, the Administrator may ensure that not less than 2 of the cooperative agreements entered into under this section involve the participation of an entity that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), provided that the entity’s submitted technology proposal meets requisite technology readiness levels for entry into the agreement as determined by the Administrator.”.
907.

Hypersonic flight testing
(a)

In general
Not later than 2 years after the date of enactment of this section, the Administrator shall establish procedures for permitting manned flights in oceanic airspace and overland flights operating with speeds in excess of Mach 5 and above for the purposes of developmental and airworthiness testing (including demonstration flights in areas where such flights will not interfere with the safety of other aircraft or the efficient use of airspace in the national airspace system).
(b)

Considerations
In carrying out subsection (a), the Administrator shall consider—
(1)
the provisions of parts 91.817 and 91.818 of title 14, Code of Federal Regulations;
(2)
applications for special flight authorizations for flights operating with speeds in excess of Mach 5, as described in such part 91.818;
(3)
the environmental impacts of developmental and airworthiness testing operations;
(4)
whether to require applicants to include specification of proposed flight areas;
(5)
the authorization of flights to and from spaceports and airports in Class D airspace within 10 nautical miles of oceanic coastline;
(6)
developing the vertical limits at or above the altitude necessary for safe hypersonic operations;
(7)
proponent-provided data regarding the design and operational analysis of the aircraft, as well as data regarding sonic boom overpressure; and
(8)
the safety of the uninvolved public.
908.

Hypersonic pathway to integration study
(a)

Study
(1)

In general
The Administrator shall conduct a study assessing actions necessary to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system.
(2)

Contents
The study conducted under paragraph (1) shall include, at a minimum—
(A)
an initial assessment of cross-agency equities related to hypersonic aircraft technologies and flight;
(B)
the identification, development, and collection of data required to develop certification, flight standards, and air traffic requirements for the deployment and integration of hypersonic aircraft;
(C)
the development of a framework and timeline to establish the appropriate regulatory requirements for conducting hypersonic aircraft flights;
(D)
strategic plans to improve the FAA’s state of preparedness and response capability in advance of receiving applications to conduct hypersonic aircraft flights; and
(E)
a survey of global hypersonic aircraft-related regulatory and testing developments or activities.
(3)

Considerations
In conducting the study under paragraph (1), the Administrator may consider—
(A)
the feedback and technical expertise of the aerospace industry and other stakeholders when creating policies, regulations, and standards that enable the safe operation and integration of hypersonic aircraft into the national airspace system;
(B)
opportunities for—
(i)
demonstrating United States global leadership in aeronautics, including hypersonic aircraft and related technologies; and
(ii)
strengthening global harmonization in aeronautics; and
(C)
the development of international policies, regulations, and standards relating to the certification and safe operation of hypersonic aircraft.
(4)

Consultation
In conducting the study under paragraph (1), the Administrator shall consult with representatives from Federal agencies, industry, and other stakeholders, including—
(A)
the National Aeronautics and Space Administration;
(B)
the Department of Defense;
(C)
aircraft manufacturers;
(D)
institutions of higher education; and
(E)
any other stakeholders the Administrator determines appropriate.
(b)

Report
Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations to facilitate the safe operation and integration of hypersonic aircraft into the national airspace system.
(c)

Definition of hypersonic
In this section, the term hypersonic means an aircraft or flight operating at speeds in excess of Mach 5 and above.
909.

Operating high-speed flights in high altitude Class E airspace
(a)

Consultation
Not later than 12 months after the date of enactment of this section, the Administrator, in consultation with the Administrator of the National Aeronautics and Space Administration and relevant stakeholders, including industry and academia, shall identify the minimum altitude above the upper boundary of Class A airspace at or above which flights operating with speeds above Mach 1 generate sonic booms that are inaudible at the surface under prevailing atmospheric conditions.
(b)

Rulemaking
Not later than 2 years after the date on which the Administrator identifies the minimum altitude described in subsection (a), the Administrator shall publish in the Federal Register a notice of proposed rulemaking to amend sections 91.817 and 91.818 of title 14, Code of Federal Regulations, and such other regulations as appropriate, to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified under subsection (a) without specific authorizations, provided that such flight operations—
(1)
show compliance with airworthiness requirements;
(2)
do not cause a measurable sonic boom overpressure to reach the surface; and
(3)
have ordinary instrument flight rules clearances necessary to operate in controlled airspace.
910.

Electric propulsion aircraft operations study
(a)

In general
Not later than 120 days after the date of enactment of this section, the Comptroller General shall initiate a study assessing the safe and scalable operation and integration of electric aircraft into the national airspace system.
(b)

Contents
The study required under subsection (a) shall address—
(1)
the technical capacity and competencies needed for the FAA to certify aircraft systems specific to electric aircraft;
(2)
the data development and collection required to develop standards specific to electric aircraft;
(3)
the regulatory standards and guidance material needed to facilitate the safe operation of electric aircraft, including—
(A)
fire protection;
(B)
high voltage electromagnetic environments;
(C)
engine and human machine interfaces;
(D)
reliability of high voltage components and insulation;
(E)
lithium batteries for propulsion use;
(F)
operating and pilot qualifications; and
(G)
airspace integration;
(4)
the airport infrastructure requirements to support electric aircraft operations, including an assessment of—
(A)
existing capabilities of airport infrastructure as of the date of enactment of this section;
(B)
aircraft operations specifications;
(C)
projected operations demand by carriers and other operators;
(D)
potential modifications to existing airport infrastructure;
(E)
additional investments in new infrastructure and systems required to meet operations demand; and
(F)
management of infrastructure relating to hazardous materials used in hybrid and electric propulsion; and
(5)
varying types of electric aircraft, including advanced air mobility aircraft and small or regional passenger or cargo aircraft.
(c)

Considerations
In conducting the study under subsection (a), the Comptroller General may consider the following:
(1)
The potential for improvements to air service connectivity for communities through the deployment of electric aircraft operations, including by—
(A)
establishing routes to small and rural communities; and
(B)
introducing alternative modes of transportation for multimodal operations within communities.
(2)
Impacts to airport-adjacent communities, including implications due to changes in airspace utilization and land use compatibility.
(d)

Report to Congress
Not later than 2 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.
(e)

Definitions
In this section:
(1)

Electric aircraft
The term electric aircraft means an aircraft with a fully electric or hybrid electric driven propulsion system used for flight.
(2)

Advanced air mobility
The term advanced air mobility means a transportation system that transports passengers and cargo by air between two points in the United States using aircraft with advanced technologies, including aircraft with hybrid or electric vertical take-off and landing capabilities, in both controlled and uncontrolled airspace.
911.

Contract weather observers program
Section 2306 of the FAA Extension, Safety, and Security Act of 2016 (P.L. 114–190; 130 Stat. 641) is amended by striking subsection (b) and inserting the following:
“(b)

Continued use of contract weather observers
(1)

In general
Subject to paragraph (2), the Administrator may not discontinue or diminish the contract weather observer program at any airport until September 30, 2028.
(2)

Availability of new technology
If the Administrator determines that technology has become available that could provide equal or better service than the contract weather observer program, the Administrator may discontinue or diminish the contract weather observer program at any airport earlier than the date specified in paragraph (1), but only if, not later than 180 days before the date on which the Administrator proposes to discontinue or diminish such program at any airport, the Administrator notifies the appropriate committees of Congress of such proposed action and submits information relating to the determination of the availability of such technology and the reasoning for such proposed action.”.
912.

Airfield pavement technology program
Using amounts made available under section 48102(a) of title 49, United States Code, the Secretary may carry out a program for the research and development of airfield pavement technologies under which the Secretary makes grants to, and enters into cooperative agreements with, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and nonprofit organizations that—
(1)
research concrete and asphalt pavement technologies that extend the life of airfield pavements;
(2)
develop sustainability and resiliency guidelines to improve long-term pavement performance;
(3)
develop and conduct training with respect to such airfield pavement technologies;
(4)
provide for demonstration projects of such airfield pavement technologies; and
(5)
promote the latest airfield pavement technologies to aid the development of safer, more cost effective, and more resilient and sustainable airfield pavements.
913.

National aviation research plan modification
(a)

Modification of submission deadline
Section 44501(c)(1) of title 49, United States Code, is amended by striking “the date of submission” and inserting “the date that is 45 days after the date of submission”.
(b)

Conforming amendment
Section 48102(g) of title 49, United States Code, is amended by striking “the date of submission” and inserting “the date that is 45 days after the date of submission”.
914.

FAA and NASA research and development coordination review
(a)

Review
(1)

In general
Not later than 1 year after the date of enactment of this section, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration (in this section referred to as “NASA”) shall conduct a review of aeronautics research and development coordination between Federal agencies and the extent to which NASA and the FAA can improve collaboration in order to leverage each other’s subject matter expertise relating to civil aviation projects.
(2)

Contents
In carrying out the review under paragraph (1), the Administrator shall—
(A)
review the extent to which NASA and the FAA leverage each other’s laboratory and testing capabilities, facilities, resources, and subject matter expert personnel in support of aeronautics research and development programs and projects;
(B)
assess—
(i)
the current fiscal year, and the 3 most recent fiscal years, of Federal expenditures for the FAA and NASA’s research and development programs and projects; and
(ii)
the extent to which other Federal agencies, industry partners, and research organizations are involved in such programs and projects; and
(C)
develop recommendations for the improvement of coordination, collaboration, and efficiency of aeronautics research and development programs to reduce overlap between NASA, the FAA, other Federal agencies, academia, research organizations, standards groups, and industry.
(b)

Report
Not later than 180 days after completing the review under subsection (a), the Administrator shall submit to the appropriate committees of Congress a report on such review, including the recommendations developed under subsection (a)(2)(C).
915.

Research and development of FAA's aeronautical information systems modernization activities
(a)

In general
Not later than 60 days after the date of enactment of this section, the Administrator, in coordination with the John A. Volpe National Transportation Systems Center, shall carry out a research and development program to assist with the continuous modernization of the FAA’s aeronautical information systems, including, but not limited to—
(1)
the Aeronautical Information Management Modernization (AIMM), including the FAA’s Notice to Air Missions (NOTAM) system;
(2)
the Aviation Safety Information Analysis and Sharing (ASIAS) system; and
(3)
the Service Difficulty Reporting System (SDRS).
(b)

Review and report
(1)

Review
Not later than 180 days after the date of enactment of this section, the Administrator shall enter into an agreement with a Federally funded research and development center to conduct and complete a review of planned and ongoing modernization efforts of FAA’s aeronautical information systems. Such review shall identify opportunities for additional coordination between the FAA and the John A. Volpe National Transportation Systems Center to further modernize such systems.
(2)

Report
Not later than 1 year after the Administrator enters into the agreement with the center under paragraph (1), the Center shall submit to the Administrator and the appropriate committees of Congress a report on the review conducted under paragraph (1), together with such recommendations as the Center determines appropriate.
916.

Center of Excellence for Alternative Jet Fuels and Environment
(a)

In general
Chapter 445 of title 49, United States Code, is amended by adding at the end the following new section:
“44520.

Center of Excellence for Alternative Jet Fuels and Environment
(a)

In general
During the period beginning on the date of enactment of this section and ending on September 30, 2028, the Administrator of the Federal Aviation Administration (in this section referred to as the “Administrator”) shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the “Center”) under its structure as in effect on January 1, 2023.
(b)

Responsibilities
The Center shall—
(1)
focus on research to—
(A)
assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, alcohols, organic acids, hydrogen, and gaseous carbon) for commercial aircraft;
(B)
assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems;
(C)
reduce community exposure to civilian aircraft noise and pollutant emissions;
(D)
inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and
(E)
improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools; and
(2)
examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft.
(c)

Grant authority
The Administrator shall carry out the work of the Center through the use of grants or other measures as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements with other Federal agencies.
(d)

Participation
(1)

Participation of educational and research institutions
In carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by—
(A)
higher education and research institutions that—
(i)
have existing facilities for research, development, and testing; and
(ii)
leverage private sector partnerships;
(B)
other Federal agencies;
(C)
consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and
(D)
consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft.
(2)

Use of NASA facilities
The Center shall consider utilizing the existing capacity in aeronautics research at the Langley Research Center, NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.”.
(b)

Clerical amendment
The analysis for chapter 445 of such title is amended by inserting after the item relating to section 44519 the following:
“44520. Center of Excellence for Alternative Jet Fuels and Environment.”.
917.

Aircraft Noise Advisory Committee
(a)

Establishment
Not later than 180 days after the date of enactment of this section, the Administrator shall establish an Aircraft Noise Advisory Committee (in this section referred to as the “Advisory Committee)” to advise the Administrator on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations.
(b)

Membership
The Administrator shall appoint the members of the Advisory Committee, which shall be comprised of—
(1)
at least 1 representative of each of—
(A)
engine manufacturers;
(B)
air carriers;
(C)
airport owners or operators;
(D)
aircraft manufacturers;
(E)
advanced air mobility manufacturers or operators;
(F)
institutions of higher education; and
(G)
the National Aeronautics and Space Administration; and
(2)
representatives of airport-adjacent communities from geographically diverse regions.
(c)

Duties
The duties of the Advisory Committee shall include—
(1)
the evaluation of existing research on aircraft noise impacts and annoyance;
(2)
the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level (DNL) standard;
(3)
the evaluation of the current 65-decibel exposure threshold, including the impact to land use compatibility around airports if such threshold was lowered;
(4)
the evaluation of current noise mitigation strategies and the community engagement efforts by the FAA with respect to changes in airspace utilization, such as the integration of new entrants and usage of performance-based navigation; and
(5)
other duties determined appropriate by the Administrator.
(d)

Reports
(1)

In general
Not later than 1 year after the date of establishment of the Advisory Committee, the Advisory Committee shall submit to the Administrator a report on any recommended changes to current aviation noise policies.
(2)

Report to Congress
Not later than 180 days after the date the Administrator receives the report under paragraph (1), the Administrator shall submit to the appropriate committees of Congress a report containing the recommendations made by the Advisory Committee.
(e)

Congressional briefing
Not later than 30 days after submission of the report under paragraph (2), the Administrator shall brief the appropriate committees of Congress on how the Administrator plans to implement recommendations contained in the report and, for each recommendation that the Administrator does not plan to implement, the Administrator’s reason for not implementing the recommendation.
X

MISCELLANEOUS
1001.

Noise mitigation
(a)

Requirements for landing and departing aircraft
(1)

Landing aircraft
All aircraft landing at Boise Airport (BOI) that will be facing west on the runway when landing on runways 10R and 10L shall travel over a circle on the ground (the center of which is located at 43°37'45.3" N, 116°24'49.3" W, and the radius of which is 2 miles) at an altitude of not less than 5,000 feet when passing over such circle. All aircraft approaching from the west shall fly a straight vector from the above described circle to the Boise Airport (BOI) runway on which it is landing.
(2)

Departing aircraft
All aircraft departing the Boise Airport (BOI) to the west on runways 28R and 28L shall travel over the circle described in paragraph (1) and in such a manner as the aircraft is at least 5,000 feet in altitude as it passes over the circle. All aircraft departing the Boise Airport (BOI) to the west shall fly a straight vector from the Boise Airport (BOI) runway the aircraft is leaving, to the such circle and only after leaving the circle shall the aircraft change vectors.
(b)

Applicability
Subject to subsection (c), this requirement shall apply to and regulate all entities and persons including, but not limited to the FAA, FAA Employees and their contractors and agents, all branches of the United States Military, air traffic controllers, pilots, co-pilots, and all other persons and entities directing or controlling any aircraft landing at or departing Boise Airport (BOI) in Boise, Idaho. This requirement shall only apply to commercial aviation, military aviation, and general aviation aircraft that weigh 12,500 pounds of maximum takeoff weight or more.
(c)

Exception
This regulation shall not apply during a bono fide safety emergency applicable to a single flight.
(d)

Enforcement
A violation of this section shall be a misdemeanor and violators shall be liable for civil damages.
XI

TECHNICAL CORRECTIONS
1101.

Technical corrections
(a)

Disposal of property
Section 40110(c)(4) of title 49, United States Code, is amended by striking “subsection (a)(2)” and inserting “subsection (a)(3)”.
(b)

Civil penalty
Section 44704(f) of title 49, United States Code, is amended by striking “subsection (a)(6)” and inserting “subsection (d)(3)”.
(c)

Sunset of rule
Section 44729 of title 49, United States Code, is amended—
(1)
by striking subsection (d); and
(2)
by redesignating subsections (e) through (h) as (d) through (g), respectively.
(d)

Public disclosure of information
Section 44735 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by inserting “, nor by any agency receiving information from the Administrator,” after “Federal Aviation Administration”; and
(B)
in paragraph (2), by inserting “or for any other purpose regarding the development and implementation of a safety management system acceptable to the Administrator” before the period at the end; and
(2)
by adding at the end the following new subsection:
“(d)

Applicability to the National Transportation Safety Board
This section shall not be construed to limit the National Transportation Safety Board’s accident or incident investigation authority under chapter 11 of this title, including the requirement to not disclose voluntarily provided safety-related information under section 1114.”.