[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[House]
[Pages H3707-H3823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURING GROWTH AND ROBUST LEADERSHIP IN AMERICAN AVIATION ACT
General Leave
Mr. GRAVES of Missouri. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous materials on H.R. 3935.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 597 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 3935.
The Chair appoints the gentleman from New York (Mr. Garbarino) to
preside over the Committee of the Whole.
{time} 1238
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 3935) to amend title 49, United States Code, to reauthorize and
improve the Federal Aviation Administration and other civil aviation
programs, and for other purposes, with Mr. Garbarino in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall be confined to the bill and shall not exceed 1
hour equally divided and controlled by the chair and ranking minority
member on the Committee on Transportation and Infrastructure or their
respective designees.
The gentleman from Missouri (Mr. Graves) and the gentleman from
Washington (Mr. Larsen) each will control 30 minutes.
The Chair recognizes the gentleman from Missouri (Mr. Graves).
Mr. GRAVES of Missouri. Mr. Chair, I yield myself such time as I may
consume.
Mr. Chair, H.R. 3935, the Securing Growth and Robust Leadership in
American Aviation Act, is a bipartisan bill to reauthorize the Federal
Aviation Administration and the Nation's aviation safety and
infrastructure program for the next 5 years.
I thank Transportation and Infrastructure Committee Ranking Member
Rick Larsen, Aviation Subcommittee Chairman Garret Graves, and Aviation
Subcommittee Ranking Member Steve Cohen for working with me to
develop and introduce this legislation.
For over a century, the United States has led the world in aviation
safety and innovation. Unfortunately, our gold standard status is being
threatened by increasing global competition, by rapid developments in
technology, a shortage of aviation professionals, and the
inefficiencies and lack of leadership in the FAA.
H.R. 3935 is critical to keeping America a global leader in aviation.
It is vital to our economy, to millions of American jobs, and to the
850 million passengers that depend on our National Airspace System
every single year.
If Congress fails to act on a new long-term aviation measure by
September 30, when the current FAA law expires, key aviation programs
will cease to function.
H.R. 3935 provides the necessary long-term certainty that is demanded
by both the civil aviation system and the aviation community to
guarantee its safety and prosperity for decades to come.
This bill not only improves FAA's efficiency through reasonable
organizational changes but makes the agency more agile while
simultaneously prioritizing safety each step of the way.
The FAA is simply too slow in everything it does, from rulemaking to
aircraft registrations and from certifications to just simple
paperwork.
This bill ensures robust investment in infrastructure for airports of
all sizes, including the thousands of smaller and general aviation
airports that make up the bulk of our aviation system.
I am proud to say our bill includes the first ever General Aviation
title in the FAA reauthorization bill. GA is the foundation to our
civil aviation system. It is where many of our pilots, mechanics, and
other aviation professionals begin their careers, gaining valuable
experience along their journey in the aviation industry.
This bill recognizes the importance of GA and protects the freedom to
fly for every American.
As previously mentioned, growing shortages across the aerospace
workforce are a true threat to the future of American aviation.
H.R. 3935 addresses workforce challenges head-on by removing barriers
to entry for individuals and veterans interested in pursuing careers in
aviation, such as through the CAREER Program.
Bottom line, our bill encourages growth in the aviation workforce
through meaningful reforms, the most meaningful in decades.
What is more, H.R. 3935 maintains American leadership when it comes
to the development and integration of new and emerging technologies
into the airspace, such as drones and Advanced Air Mobility.
Specifically, this bill requires the FAA to stop endless testing and
pilot programs that go nowhere to integrate innovation, such as drones
and AAM into the National Airspace System.
As air travel recovers from the COVID pandemic, renewed growth in air
travel has come with some difficulties, obviously, for the traveling
public. Our bipartisan bill includes an entire title dedicated to
improving the flying experience for the traveling public, an issue that
each of our offices hear about from constituents probably on a daily
basis.
Finally, and most importantly, the bill recognizes that while our
aviation system is safe, we must continue to raise the bar for safety.
As such, this
[[Page H3708]]
bill includes a number of safety-focused provisions to ensure that
America continues to be the world's gold standard in aviation safety.
One of the most important safety features of this bill is a title for
5-year reauthorization of the National Transportation Safety Board, the
NTSB. It is this independent Federal agency that investigates all civil
aviation accidents and transportation accidents throughout this sector.
I believe the Securing Growth and Robust Leadership in American
Aviation Act is one of the most important pieces of legislation this
body is going to consider in the 118th Congress.
This bill is vital to America's airport infrastructure, to our
economy, and to the future of American leadership in aviation.
Mr. Chair, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, July 6, 2023.
Hon. Sam Graves,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing concerning H.R. 3935, the
``Securing Growth and Robust Leadership in American Aviation
Act,'' which was introduced on June 9, 2023.
H.R. 3935 contains provisions within the Committee on
Science, Space, and Technology's Rule X jurisdiction. As a
result of your having consulted with the Committee and to
expedite this bill for floor consideration, the Committee on
Science, Space, and Technology will forego action on the
bill. This is done based on our mutual understanding that
doing so will in no way diminish or alter the jurisdiction of
the Committee on Science, Space, and Technology nor is it a
waiver of any future jurisdictional claim over subject matter
contained in this bill or in similar legislation.
I would appreciate your response to this letter confirming
this understanding and would request that you include a copy
of this letter and your response in the committee report and
in the Congressional Record during the floor consideration of
this bill. Finally, I ask that you support the appointment of
Science Committee conferees during any House-Senate
conference convened on this legislation. Thank you in advance
for your cooperation.
Sincerely,
Frank D. Lucas,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, July 7, 2023.
Hon. Frank D. Lucas,
Chairman, Committee on Science, Space, and Technology, House
of Representatives, Washington, DC.
Dear Chairman Lucas: I write to you concerning H.R. 3935,
the Securing Growth and Robust Leadership in American
Aviation Act, which was introduced on June 9, 2023, and
solely referred to the Committee on Transportation and
Infrastructure.
I appreciate you agreeing to withdraw your request for a
sequential referral of H.R. 3935, so that the bill may be
considered expeditiously. I acknowledge that forgoing your
referral claim now does not waive the right to jurisdictional
claims in the future on subject matter contained in this bill
or similar legislation. Further, I will appropriately consult
and involve the Committee on Science, Space, and Technology
as the bill moves forward on issues that fall within your
Rule X jurisdiction. In addition, should a conference on the
bill be necessary, I would support your request to have the
Committee on Science, Space, and Technology represented on
the conference committee.
Finally, I will include a copy of our letter exchange in
the Committee Report and the Congressional Record when the
bill is considered on the House floor.
Thank you again for your cooperation.
Sincerely,
Sam Graves,
Chairman, Committee on
Transportation and Infrastructure.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, July 7, 2023.
Hon. Frank D. Lucas,
Chairman, Committee on Science, Space, and Technology, House
of Representatives, Washington, DC.
Dear Chairman Lucas: I write to you concerning H.R. 3559,
the FAA Research and Development Act of 2023. The bill was
referred primarily to the Committee on Science, Space, and
Technology, with an additional referral to the Committee on
Transportation and Infrastructure. Specifically, provisions
of H.R. 3559 fall within the Rule X jurisdiction of the
Committee on Transportation and Infrastructure.
I recognize and appreciate your desire to bring this
legislation before the House of Representatives in an
expeditious manner, and accordingly, the Committee on
Transportation and Infrastructure will forgo action on the
bill. However, this is conditional on our mutual
understanding that doing so will not prejudice the Committee
on Transportation and Infrastructure with respect to the
appointment of conferees or to any future jurisdictional
claim over the subject matter contained within the bill or
similar legislation that falls under the Committee on
Transportation and Infrastructure's Rule X jurisdiction.
Further, should a conference on the bill be necessary, I
appreciate your agreement to support my request to have the
Committee represented on the conference committee.
Finally, I would ask that a copy of this letter and your
response acknowledging our jurisdictional interest in the
bill be included in the Committee Report and Congressional
Record during consideration of H.R. 3559 on the House floor.
Sincerely,
Sam Graves,
Chairman, Committee on
Transportation and Infrastructure.
____
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, July 10, 2023.
Hon. Sam Graves,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
3559. the ``FAA Research and Development Act of 2023,'' which
was referred initially to the Committee on Science, Space,
and Technology and sequentially to the Committee on
Transportation and Infrastructure.
I appreciate your willingness to work cooperatively on this
bill. I recognize that the Committee on Transportation and
Infrastructure has a valid jurisdictional interest in certain
provisions of H.R. 3559, and that the Committee's
jurisdiction should not be adversely affected by your
decision to forego formal consideration of H.R. 3559. As you
have requested, I will support your request for an
appropriate appointment of outside conferees from your
committee in the event of a House-Senate conference on this
or similar legislation should such a conference be convened.
Finally, I will include a copy of your letter and this
response in the Committee Report and in the Congressional
Record during the floor consideration of this bill. Thank you
again for your cooperation.
Sincerely,
Frank D. Lucas,
Chairman.
Mr. LARSEN of Washington. Mr. Chair, I yield myself such time as I
may consume.
Mr. Chair, I rise in support of H.R. 3935, the Securing Growth and
Robust Leadership in American Aviation Act, introduced by T&I Committee
Chair Graves, Aviation Subcommittee Chair Graves, Ranking Member Cohen,
and myself.
I extend my thanks to the chairman of the full committee, Sam Graves
of Missouri, and the Subcommittee Chair Garret Graves of Louisiana, for
their commitment to a bipartisan effort done in good faith to get this
bill done that protects the flying public and secures the future of the
U.S. aviation system.
In my home State of Washington, the aviation sector is a powerful
economic engine that creates good-paying jobs and supports local
communities in the Pacific Northwest.
This bill delivers for my constituents as well as for all Americans
across the country. It advances American leadership in aviation safety
and innovation, strengthens and diversifies our aviation workforce,
expands consumer protections and accessibility, and fosters
environmental sustainability in aviation.
{time} 1245
Although the U.S. aviation system is the safest in the world, the
last few years have shown there is still work to do. The rise in runway
near misses at some U.S. airports expose a vulnerability for the flying
public. This reauthorization will help prevent these events by
expanding ground surveillance and detection capabilities to all large
and medium hub U.S. airports.
Further, unruly passengers continue to pose a threat to flight crews
and other frontline workers. This bill better protects workers by
creating a task force on preventing assaults against airline personnel
and enforcing a requirement that airlines establish employee assault
and response plans.
Recent flight cancellations and delays have shaken the confidence of
passengers in the U.S. aviation system. To get us back on the right
course, this reauthorization requires airlines to create resiliency
plans to address mass flight disruptions. It also takes steps to make
passengers whole by requiring airlines to develop policies to cover
food and hotel expenses due to flight disruptions.
[[Page H3709]]
The bill also supports the administration's push for family seating
by requiring airlines to establish policies allowing passengers to sit
next to their young children if adjacent seats are available.
For too long, passengers with disabilities have experienced
inexcusable barriers in air travel from challenges with boarding the
aircraft and inaccessible onboard lavatories, to damaged and mishandled
wheelchairs and mobility aids.
This bill paves the way for safer and more dignified air travel for
this particular community by directing the DOT to create a roadmap for
airlines to reduce damage to mobility aids and to improve training for
airline personnel and contractors on assisting passengers with
disabilities.
Climate change is a growing threat to millions of Americans and the
infrastructure we rely on. This bill makes groundbreaking investments
in sustainability, increasing Federal funding for the Airport
Improvement Program from $3.35 billion to $4 billion and dedicating a
minimum of $150 million to airport environmental and noise programs.
It also allows U.S. airports to use these funds for alternative fuel
infrastructure and environmental resiliency projects and works to
mitigate the impacts of aviation noise on local communities.
It directs the FAA to review and revise Federal aviation noise
standards and to seek feedback from neighboring communities as well.
Furthermore, the bill requires the FAA to take certain actions to
reduce undesirable aircraft noise when implementing or revising a
flight procedure. These actions build the foundation for a cleaner
future for our aviation ecosystem.
To secure American leadership in aerospace innovation, we must
provide a clear and predictable framework for emerging industries to
scale safely while ensuring the needs of communities are addressed.
From drones to electric or hydrogen-powered aircraft, advanced
aviation technologies have clear economic and societal benefits.
In Washington State, drones will soon be used to deliver critical
medical supplies in the Tacoma area, helping to reduce barriers to care
for patients. This reauthorization also requires the FAA to issue
proposed rules for drones to safely scale in this country, providing
regulatory certainty to a growing sector, ensuring their safe
integration into our skies, and creating U.S. jobs.
It will also help State, local, and Tribal governments acquire drones
for infrastructure inspection and repair to help workers do their jobs
more safely. It also extends a program that I championed to fund State
and community efforts to plan for a future with advanced air mobility
operations and infrastructure.
Our talented and dedicated U.S. workforce is the backbone of American
aviation and makes the Nation's leadership in aviation safety and
innovation possible.
This reauthorization is a jobs bill. It helps build the economy from
the middle out and bottom up and diversifies the aviation workforce,
recognizing how critical that effort is to our Nation's long-term
economic success.
It makes robust investments in the FAA's aviation workforce
development program to upskill the next generation of pilots,
maintenance technicians, manufacturing workers, and other critical
professions.
This will help local businesses, like Aviation Technical Services in
Everett, Washington, to expand their apprenticeship and training
programs and compete in the rapidly evolving global aviation sector.
The bill also creates the Willa Brown Aviation Education Program and
establishes a National Center for the Advancement of Aerospace to
support and promote aviation workforce development opportunities for
everyone.
Crucially, it requires the FAA to hire the maximum number of air
traffic controllers, as well as to adopt the most appropriate
controller staffing model to meet growing airspace needs.
I will spend my final bit of comments on the Disadvantaged Business
Enterprise program. This bill also reaffirms and strengthens the U.S.
Department of Transportation's DBE program. As we increase investment
under this bill and dedicate Federal dollars to airport projects, it is
imperative that we ensure the process of awarding Federal
transportation contract dollars allows for full participation on a
level playing field by minority-owned and women-owned businesses.
The committee has accumulated evidence attesting to systemic
discrimination that women and minorities face in attempts to establish,
grow, and operate construction businesses, including those seeking
contracts for airport construction projects and airport concessions
across the country.
This evidence includes testimony at a hearing titled: ``Driving
Equity: The U.S. Department of Transportation's Disadvantaged Business
Enterprise Program'' held on September 23, 2020, since the passage
of the last bill.
We have received and reviewed disparity studies, testimony, and other
evidence, including statistical analyses containing numerous disparity
studies conducted since 2018, the Department of Justice ``Report on
Lawful Uses of Race or Sex in Federal Contracting Programs,'' and the
DOT's own report on DBE goal attainment. These studies and reports
continue to demonstrate that race- and gender-neutral efforts alone are
insufficient to address the problem.
The evidence demonstrates that discrimination across the U.S. poses
an injurious and enduring barrier to full and fair participation in
airport-related businesses of women businessowners and minority
businessowners and has negatively affected firm formation, development
and success in many aspects of airport-related businesses in public and
private markets.
The evidence provides a clear picture of the inequality caused by
this discrimination that continues to plague our Nation and a strong
basis that there is a compelling need for the continuation of the
Disadvantaged Business Enterprise Program to address race and gender
discrimination in airport-related businesses.
Mr. Chair, I include in the Record 65 studies and reports spanning
communities in 25 States showing significant disparity between the use
of DBE and non-DBE subcontractors. The full text of each report is held
on file electronically with the Committee on Transportation and
Infrastructure.
[July 19, 2023]
Mr. Speaker, I include in the Record evidence received by
the Committee on Transportation and Infrastructure on the
compelling need for the continuation of the Disadvantaged
Business Enterprise (DBE) program.
This statistical evidence includes 64 disparity studies
conducted in 25 states since 2018, showing significant
disparities between the use of DBE and non-DBE subcontractors
in publicly financed, airport-related construction and
concession contracting and in publicly financed, non-airport
construction contracting that involves many of the same types
of subcontracting opportunities available on airport
projects.
The submission also includes reports prepared for and by
the U.S. Department of Justice (DOJ) and the U.S. Department
of Commerce, including a report analyzing over 200 disparity
studies produced by state and local government agencies
between 2010 and 2021 and other evidence related to
disparities faced by minority business enterprises in public
and private contracting markets; and DOJ's 2022 survey of
evidence documenting the compelling interest to remedy the
effects of discrimination in government contracting.
This evidence demonstrates a strong basis that there is a
compelling need for the continuation of the Disadvantaged
Business Enterprise and Airport Concession Disadvantaged
Business Enterprise programs to address race and gender
discrimination in airport-related business.
The full text of each study and report is held on file
electronically with the Committee on Transportation and
Infrastructure.
Alaska
Disadvantaged Business Enterprise Study, Alaska Department
of Transportation and Public Facilities, Final Report and
Final Appendices, Prepared by MGT Consulting Group (2020).
Arizona
Arizona Department of Transportation 2020 Disparity Study,
Final Report, Prepared by Keen Independent Research LLC
(2020).
California
2022 Caltrans FTA Disparity Study, California Department of
Transportation, Prepared by BBC Research & Consulting (2022).
Availability and Disparity Study Report 2021, California
Department of Transportation, Prepared by BBC Research &
Consulting (2021).
North County Transit District 2022 Disparity Study Final
Report, Prepared by Keen Independent Research (2022).
[[Page H3710]]
2020 Disparity Study, City of San Diego, Prepared by BBC
Research & Consulting (2020).
Colorado
2020 State of Colorado Disparity Study, Final Report,
Prepared by Keen Independent Research LLC (2020).
2018 Disparity Study, City and County of Denver, Final
Report, Prepared by BBC Research & Consulting (2018).
Delaware
2022 Disparity Study, State of Delaware, Prepared by MGT
Consulting (2022).
New Castle County, DE 2022 Public Works Procurement
Disparity Study Final Report, Prepared by Keen Independent
Research LLC (2022).
Florida
City of St. Petersburg Disparity Study Final Report,
Prepared by Mason Tillman Associates, Ltd. (2021).
2019 Disparity Study, City of Tallahassee, Leon County, and
Blueprint, Prepared by MGT Consulting Group (2019).
Hawaii
Hawaii Department of Transportation 2019 Availability and
Disparity Study, Final Availability and Disparity Study
Report, Prepared by Keen Independent Research (2019).
Illinois
City of Chicago Disparity Study for Construction Contracts
2021, Prepared by Colette Holt & Associates (2021).
Chicago Transit Authority Disparity Study 2019, Prepared by
Colette Holt & Associates (2019).
Indiana
2019 Disparity Study, City of Indianapolis and Marion
County, Prepared by BBC Research & Consulting (2019).
City of South Bend Disparity Study, Prepared by Colette
Holt & Associates (2019).
2020 Disparity Study, State of Indiana Final Report,
Prepared by BBC Research & Consulting (2020).
Kentucky
2022 Disparity Study, Lexington-Fayette Urban County
Government Final Report, Prepared by BBC Research &
Consulting (2022).
Louisville & Jefferson County Metropolitan Sewer District
Disparity Study, Final Report, Prepared by Mason Tillman
Associates, Ltd. (2018).
Louisiana
City of Alexandria LA Disparity Study, Final Report,
Prepared by Keen Independent Research LLC (2022).
City of Baton Rouge, Parish of East Baton Rouge Disparity
Study, Final Report, Prepared by Keen Independent Research
LLC (2019).
2018 City of New Orleans Disparity Study, Final Report,
Prepared by Keen Independent Research LLC (2018).
Recreation and Park Commission for the Parish of East Baton
Rouge Disparity Study, Final Report, Prepared by Keen
Independent Research LLC (2019).
Maryland
City of Frederick Disparity Study Report, Prepared by
Griffin & Strong P.C. (2021).
Disadvantaged Business Enterprise Disparity Study: Volume I
and Volume II, Prepared for the Maryland Department of
Transportation by NERA Economic Consulting (2018).
Baltimore County Disparity Study, Final Report, Prepared by
Mason Tillman Associates, Ltd (2021).
Charles County, MD 2021 Disparity Study, Prepared by
Griffin & Strong P.C. (2021).
City of Baltimore 2022 Disparity Study, Final Report and
Appendices, Prepared by MGT Consulting Group (2022).
Massachusetts
2020 Disparity Study, City of Boston, Prepared by BBC
Research & Consulting (2020).
Missouri
Missouri Department of Transportation 2019 DBE Availability
Study Final Report, Prepared by Keen Independent Research LLC
(2019).
2019 City of Kansas City Construction Workforce Disparity
Study, Prepared by Keen Independent Research LLC (2019).
Montana
2022 Montana Department of Transportation Disparity Study,
Final Report, BBC Research & Consulting (2022).
New York
City of New York Disparity Study, Prepared by MGT
Consulting Group (2018).
North Carolina
2018 Disparity Study, City of Asheville, North Carolina,
Prepared by BBC Research & Consulting (2018).
Greensboro, North Carolina Disparity Study Final Report,
Prepared by Griffin & Strong P.C. (2018).
State of North Carolina, Department of Administration
Disparity Study Report Volume 1 (State Agencies), Prepared by
Griffin & Strong P.C. (2020).
State of North Carolina, Department of Administration
Disparity Study Report Volume 2 (Community Colleges &
Universities), Prepared by Griffin & Strong P.C. (2021).
Ohio
City of Columbus Disparity Study Final Report, Prepared by
Mason Tillman Associates, Ltd. (2019).
2022 Disparity Study, Hamilton County Final Report,
Prepared by BBC Research & Consulting (2022).
Cuyahoga County, Ohio Disparity Study Report, Prepared by
Griffin & Strong P.C. (2020).
Oregon
Department of Aviation, Oregon Statewide DBE Disparity
Study, Prepared by Keen Independent Research (2021).
The Port of Portland Small Business Program Disparity Study
2018, Prepared by Colette Holt & Associates (2018).
Oregon Department of Transportation 2019 DBE Disparity
Study Update, Final Report, Prepared by Keen Independent
Research LLC (2019).
Pennsylvania
Annual Disparity Study Fiscal Year 2019, Prepared by City
of Philadelphia Office of Economic Opportunity (2019).
2018 Disparity Study, Pennsylvania Department of
Transportation, Prepared by BBC Research & Consulting (2018).
Annual Disparity Study Fiscal Year 2018, Prepared by City
of Philadelphia Office of Economic Opportunity (2018).
2018 Disparity Study, Commonwealth of Pennsylvania
Department of General Services, Prepared by BBC Research &
Consulting (2018).
Rhode Island
Disparity Study, Final Report, State of Rhode Island,
Prepared by Mason Tillman Associates, Ltd. (2021).
Tennessee
Memphis-Shelby County Airport Authority Disparity Study
2022, Prepared by Colette Holt & Associates (2022).
Metropolitan Nashville Airport Authority Disparity Study
Final Report, Prepared by Griffin & Strong P.C. (2020)
City of Chattanooga, Tennessee 2019 Disparity Study, Final
Report, Prepared by Griffin & Strong P.C. (2019).
Metro Nashville Tennessee Disparity Study Final Report,
Prepared by Griffin & Strong P.C. (2018)
Texas
City of Austin Disparity Study Report 2022, Prepared by
Colette Holt & Associates (2022).
Dallas Fort Worth International Airport, Disparity Study
2019, Prepared by Colette Holt & Associates (2019).
City of Fort Worth, Texas Disparity Study, Prepared by CH
Advisors Inc. (2020).
Texas Department of Transportation Disparity Study 2019,
Prepared by Colette Holt & Associates (2019).
Availability and Disparity Study, City of Dallas, Texas,
Prepared by MGT Consulting Group (2020).
Virginia
2020 Disparity Study, Commonwealth of Virginia, Prepared by
BBC Research & Consulting (2020).
2018 Disparity Study, City of Virginia Beach, Prepared by
BBC Research & Consulting (2018).
Washington
Port of Seattle Disparity Study 2019, Prepared by Colette
Holt & Associates (2019).
Washington State Airports Disparity Study 2019, Prepared by
Colette Holt & Associates (2019).
City of Tacoma, Disparity Study, Final Report, Prepared by
Griffin & Strong P.C. (2018).
State of Washington Disparity Study 2019, Prepared by
Colette Holt & Associates (2019).
Nationwide
The Compelling Interest to Remedy the Effects of
Discrimination in Federal Contracting: A Survey of Recent
Evidence, U.S. Department of Justice (2022). [See also FR
Doc. 2022-01478]
Jon Wainwright, Report of Defendant's Expert, submitted in
Ultima Services Corp. v. Dept. of Agriculture, Case No. 2:20-
CV-00041.
Update to the Assessment of Contracting Outcomes for Small
Disadvantaged Businesses, Prepared by the Minority Business
Development Agency of the U.S. Department of Commerce (2022).
Mr. LARSEN of Washington. The Securing Growth and Robust Leadership
in American Aviation Act is a long-term, comprehensive, and bipartisan
reauthorization that cements a safer, cleaner, greener, more innovative
and accessible future for the U.S. aviation system.
I will end my opening comments by again thanking Chair Sam Graves and
Subcommittee Chair Garret Graves for making sure that they are reaching
out to the Democratic side of the aisle to ensure that we could have a
bipartisan and collaborative bill put together. I thank Subcommittee
Ranking Member Cohen for his leadership as ranking member of the
Subcommittee on Aviation, and for all of the staff for their hard work,
as well.
Particularly, I thank the minority staff of the Subcommittee on
Aviation: staff director, Brian Bell; professional staff, Alex Menardy;
counsel, Adam Weiss; and our FAA detailee, Liz Forro, for the hard work
and the countless hours they have spent crafting this legislation with
their majority counterparts.
Mr. Chair, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. GRAVES of Missouri. Mr. Chair, I yield 5 minutes to the gentleman
[[Page H3711]]
from Louisiana (Mr. Graves), the chair of the Subcommittee on Aviation.
Mr. GRAVES of Louisiana. Mr. Chairman, this legislation reflects the
input of Members of Congress, of the flying public, and stakeholders to
the tune of over 2,000 unique submissions that we processed, that we
put together. Ultimately, it yields a bill that is in excess of 840
pages.
This legislation is the result of hundreds of meetings and dozens of
hearings dating back years. Most importantly, Mr. Chairman, this
legislation passed the House Transportation and Infrastructure
Committee with unanimous bipartisan support.
This legislation takes important steps in ensuring that we have
continuity and consistency within the FAA. It makes fundamental
organizational changes, taking a 1970s organization and updating it for
today. It establishes a deputy administrator for safety and operations,
and an assistant administrator for rulemaking and regulatory
improvement. It establishes an Office of Innovation, an FAA ombudsman,
and many other important changes in the organizational structure of
this antiquated and slow-moving agency.
Mr. Chairman, this legislation is focused on the passenger
experience. You can imagine these families traveling and going to
satellite parking lots, taking shuttles to airports, trying to check in
bags, trying to go through security, dealing with concessionaires at
the airport, getting on the airplane, and on the back side, effectively
doing it all over again at your destination airport.
We have to have someone who looks at this entire process to ensure
that it is consistent, that it is complementary, that it is
streamlined. This bill does just that: improving upon that passenger
experience; ensuring that we are deploying the best technology, the
most updated technology, as quickly as possible; pulling back the veil
on air traffic control and other operations that often result in a
negative or adverse passenger experience.
Mr. Chairman, this legislation addresses many of the very concerns
that we hear from the flying public. We have areas where we have
shortages in personnel on the government side or on the private sector
side, as the ranking member noted.
We ensure that we incentivize new entrants into this growing
workforce, to make sure that we have the pilots, the air traffic
controllers, the A&P mechanics, those that are operating new entrants
into the market, to ensure that that customer experience is positive.
Mr. Chairman, this legislation also takes significant advances in an
area I care a lot about--new entrants into the market. The FAA was
really established or set up for a scenario when we had a few airplanes
per week that were coming off assembly lines. Now, we are facing a
scenario where you are going to have thousands and thousands of
unmanned systems that are coming out on a weekly basis. We have to make
sure that our regulatory and our statutory environment is one that
actually facilitates these new entrants in the market.
Title 7 facilitates these new technologies, everything from allowing
for drones to be used for delivery, making decisions on beyond visual
line-of-sight, ensuring that we are operating a risk-based framework
for safety.
It codifies the part 107 waiver process to ensure that we are
standardizing the waiver process and provides transparency. It ensures
the designation of critical infrastructure related to drones--something
that should have been done, I want to remind my FAA friends, in 2016--
and establishes a mandate for that action.
It helps to streamline the environmental process. It clarifies and
eliminates burdensome rules regarding the delivery of certain products.
It allows for unmanned systems to be used for wildfires, and it
includes the DIIG Act for infrastructure inspections.
In the advanced air mobility space, it creates certainty for eVTOL,
electric vertical takeoff and landing equipment. It ensures that the
process, the notice of the proposed rulemaking that is going through,
is completed and provides certainty moving forward.
Mr. Chairman, I am not going to go through everything in this 841-
page bill, but I do want to make note that the leader of this bill, the
leader of this committee, Sam Graves, is the most knowledgeable
aviation expert that has ever led this committee. His hand was involved
in every page of this legislation. We would not have this great bill
without his leadership, without the leadership of our ranking member,
Rick Larsen, who represents a large manufacturing and innovation
community, and our ranking member, Steve Cohen, who represents one of
the largest cargo logistics hubs in the world.
I have flown before, so I thank all of the leaders of the committee.
I also want to give a shout-out to all the staff. I will go through and
name them in a little while.
Mr. Chairman, I urge adoption of this bill.
Mr. LARSEN of Washington. Mr. Chair, I yield 3 minutes to the
gentleman from Tennessee (Mr. Cohen).
Mr. COHEN. Mr. Chair, firstly, I would like to go ahead and extend to
all the leadership that produced this bill my thanks: Chairman Sam
Graves, Ranking Member Larsen, and Subcommittee Chair Garret Graves,
our self-professed passenger.
This is an outstanding, bipartisan bill. It is what the American
public wants, what it needs, and we need to pass this.
If the House Committee on Transportation was a microcosm of Congress,
we would have the highest ratings Congress has ever seen. We worked
together on this bill.
As the ranking member of the Subcommittee on Aviation, I appreciate
the opportunity to work with this leadership team and the whole
committee and the staff to produce this bipartisan bill, which we hope
we can pass by the September deadline.
The legislation is vital in the continuity of the U.S. aviation
industry. It helps ensure aviation safety, infrastructure, and
workforce development programs remain top priorities at such a critical
juncture.
Our Nation is bound together by aviation, business and passenger, as
well. This legislation addresses several key priorities of mine:
improving airport infrastructure investments; enhancing aviation
safety; protecting consumers, especially those with disabilities;
addressing environmental resiliency; ensuring the safe operation and
integration of unmanned aircraft systems and advanced air mobility
aircraft; and improving the development of the U.S. aviation workforce,
especially in minority communities.
{time} 1300
I am especially pleased to see several of my amendments included
herein. There is language to assist airports that faced financial
adversity due to reclassification from small to medium hubs, including
the Memphis International Airport.
There are provisions from the Safe Aviation Flight Enhancement Act
that was introduced with my friend from Tennessee (Mr. Burchett) to
address flight data recovery for aircraft used in extended overwater
operations and cockpit voice recorders.
There is language developed with Senator Blumenthal directing the FAA
to complete its rulemaking on a minimum seat size, as mandated by our
SEAT Act from the 2018 FAA reauthorization law.
There is language developed with Senator Lujan regarding aircraft
cabin temperature standards.
There are provisions from the Emergency Vacating of Aircraft Cabin
Act that was introduced with Senator Duckworth to improve Federal
evacuation standards.
The Mobility Aids on Board Improve Lives and Empower All Act that I
introduced with Representative Stauber and Senators Duckworth and Thune
would improve air travel for passengers with disabilities, notably
passengers who use wheelchairs and other mobility aids.
The Prioritizing Accountability and Accessibility for Aviation
Consumers Act that I introduced with Representative Fitzpatrick and
Senators Duckworth and Fischer is on disabilities, as well.
As you can see, I work with folks from both sides of the aisle and
both Houses. That is what we needed to do, and that is why this bill is
good and why it is going to pass.
Mr. Chair, the bill also addresses consumer concerns relating to
reimbursements when there are significant
[[Page H3712]]
delays or canceled flights, family seating, and airport infrastructure
resiliency as well as airline operational resiliency plans.
All of the above are steps in the right direction to not only protect
and accommodate passengers with equity in mind but also to ensure the
longevity of the U.S. aviation industry.
Mr. GRAVES of Missouri. Mr. Chairman, I yield 4 minutes to the
gentleman from Oklahoma (Mr. Lucas), the chairman of the Science,
Space, and Technology Committee.
Mr. LUCAS. Mr. Chairman, I thank Mr. Graves and Ranking Member Larsen
for putting together a solid bipartisan bill to reauthorize the Federal
Aviation Administration.
I am here to discuss how this legislation addresses FAA's research,
development, and engineering activities that are within the
jurisdiction of the Science, Space, and Technology Committee.
Our role in the FAA reauthorization is to inform the process by
crafting legislation that supports R&D to advance American aviation.
Our goal with the bill was to support smart, strategic work to promote
innovation and keep America the global leader in aviation. That
leadership is critical to our national security and our international
competitiveness.
For our economy to thrive, we need the ability to transport people
and goods quickly, safely, and efficiently. Staying competitive means
staying at the leading edge of aviation innovation.
With that in mind, last month, the Science, Space, and Technology
Committee unanimously passed H.R. 3559, the FAA Research and
Development Act of 2023. That bill, which has been incorporated into
the legislation before us today, is the product of months of work
within regular order.
We gathered extensive feedback and held a legislative hearing to give
our members a chance to directly question stakeholders, industry, and
FAA representatives on how best to support innovation and modernization
in American aviation.
The result is comprehensive legislation that quite literally supports
aviation from the ground up, from the durability of our runways to how
we monitor traffic over oceans and remote areas. It accelerates the
development of advanced materials for aerospace vehicle construction
and supports research into how more accurately to predict the weather
to reduce delays and increase safety.
Importantly, it ensures that safety continues to be the primary focus
of FAA research and development by requiring a report on whether at
least 70 percent of FAA R&D funds are going toward improved safety.
In short, we have put together a solid framework to support FAA's
research work, one that is appropriately tailored to FAA's jurisdiction
and strengths.
With this legislation, we are ensuring that America remains the
global leader in aviation for years to come.
Mr. Chair, I thank Ranking Member Zoe Lofgren for working with me in
good faith to develop the R&D portion of this legislation. I thank
Chairman Graves and Ranking Member Larsen for incorporating our work
into this package.
Mr. LARSEN of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Nevada (Ms. Titus).
Ms. TITUS. Mr. Chairman, as a member of the Aviation Subcommittee and
co-chair of the bipartisan Congressional Unmanned Systems Caucus, I
support the FAA reauthorization bill that passed unanimously out of the
Transportation and Infrastructure Committee just weeks ago. It includes
provisions that will benefit all the airports in Nevada's First
District, and it will remove regulatory hurdles for drones so they can
be used commercially, for search and rescue, and for fire detection and
suppression.
Furthermore, my district, which is one of the world's top travel
destinations, welcomes visitors from all backgrounds and abilities. I
am proud to say that this bill includes provisions from the Air Carrier
Access Amendments Act. This was an act previously introduced by my good
friend, former Representative Jim Langevin. It will protect the rights
of disabled passengers by establishing aircraft accessibility standards
and setting a timeline for DOT to investigate and respond to
disability-related complaints.
Mr. Chair, I thank Chairman Graves, Ranking Member Larsen, Aviation
Subcommittee Ranking Member Cohen, and Chairman Graves for their hard
work and cooperation on this bill, as well as Chairman Van Drew, the
Paralyzed Veterans of America, and the airlines for their collaboration
on the disability provisions.
Mr. Chair, I urge passage of this bill.
Mr. GRAVES of Missouri. Mr. Chairman, I yield 3 minutes to the
gentleman from New York (Mr. D'Esposito).
Mr. D'ESPOSITO. Mr. Chair, I rise today in strong support of the
bipartisan Federal Aviation Administration reauthorization plan that is
currently being advanced through this House.
This sweeping package, outlined in H.R. 3935, the Securing Growth and
Robust Leadership in American Aviation Act, will ensure the FAA has the
tools necessary to safeguard air travel throughout the United States
and support our Nation's extensive air-based logistics networks.
As a New Yorker, I understand the importance of the FAA to our
State's vast network of airports and how intertwined our economic
success is to the free flow of goods via air travel. That is why, as a
member of the House Committee on Transportation and Infrastructure, I
have been working tirelessly to ensure my Long Island neighbors saw
palpable benefits in the FAA reauthorization package and that the plan
protected local jobs on Long Island.
Chief among my priorities that is included in the present plan is
preserving scores of air traffic controller jobs at the FAA's N90
TRACON facility located within my congressional district. I am proud
that these good-paying, union jobs will be preserved on Long Island and
will not be moved to other States, as was previously planned.
Not only are we preserving jobs, but this bipartisan plan includes
provisions I have been advocating for that support the aviation
workforce. This legislation includes important language from the
Aviation Workforce Development Act, of which I am a cosponsor, as well
as a provision for air traffic controller mandatory staffing targets.
Providing the tools and manpower to our air traffic controllers to help
them do their jobs will prevent flight delays and enhance the
reliability of air travel within the United States.
This bill also includes noise abatement strategies for communities
near airports, a request of mine and the constituents who I represent.
The team that has been working on this crucial legislation has made
security of air travel a priority and included several provisions under
that front. Two that I have personally been advocating for include
``Zero tolerance for near misses, runway incursions, and surface safety
risks,'' as well as provisions that support the implementation of
secondary cockpit barriers to protect pilots.
Mr. Chair, the list goes on. I am proud that included in this package
is the language from a bill I introduced to promote domestic drone
production here in the United States. This is a key legislative
priority of mine that will create American manufacturing jobs and
decouple the drone industry from our adversaries like China.
In addition to all of these great inclusions in the bill is a
sweeping set of proposals intended to support the passenger experience,
improve airport infrastructure across the country, and address
environmental concerns, including implementing noise abatement
strategies for communities near airports.
The FAA reauthorization plan is a win for the United States of
America, a win for Americans, a win for New Yorkers, and a win for
those who call Long Island home. It is also a win for those who rely on
air travel throughout this country.
Mr. Chair, I am proud of this plan, and I urge all of my colleagues
to unite behind it.
Mr. LARSEN of Washington. Mr. Chairman, I yield 1\1/2\ minutes to the
gentleman from Arizona (Mr. Stanton).
Mr. STANTON. Mr. Chairman, Chairman Graves and Ranking Member Larsen
are a great model of bipartisanship that we can learn a lot from in
this institution. I thank them for their
[[Page H3713]]
leadership in crafting a strong, bipartisan FAA bill.
Air travel can be stressful, but for those with disabilities, it can
be a nightmare. It is the only mode of public transportation that
requires one to surrender their mobility devices before boarding and to
place their trust in others to get safely to their seats.
This bill takes meaningful steps--many I was proud to help lead on--
to improve the flying experience for passengers with disabilities,
including our disabled veterans.
It directs the Department of Transportation to gather data on
disability-related complaints and make meaningful improvements based on
that data.
It improves training for employees that assist passengers with
boarding and deplaning, as well as those who handle mobility devices.
It requires airlines to issue refunds to those who are unable to
travel when their wheelchair cannot be physically accommodated.
Finally, it includes my amendment to make sure passengers traveling
with a personal care attendant are not charged extra for seating
accommodations.
Mr. Chair, we still have a long way to go before air travel is fully
accessible, but the steps we have taken in this bill are commonsense,
necessary fixes that make significant progress.
Mr. Chair, I urge my colleagues to support this bill.
Mr. GRAVES of Missouri. Mr. Chairman, I yield 2 minutes to the
gentleman from New York (Mr. Molinaro).
Mr. MOLINARO. Mr. Chairman, I extend my thanks and appreciation to
Chairman Sam Graves, the Aviation Subcommittee Chairman Garret Graves,
and Ranking Member Larsen for bringing together, through hearings,
countless meetings, and 2 days of markup, a tremendous bipartisan piece
of legislation meant to improve American aviation and grow American
jobs.
I am grateful that there are nine of my legislative priorities found
within the bill, and I will identify just a couple.
The Access and Dignity for All People Who Travel Act, which I was
proud to lead, ensures those with disabilities who need special
accommodations will receive them. Too often, those with disabilities
and their special accommodations are ignored. This bill will ensure
that right is protected.
Another bill that is included is the Future of Aviation Act, which
allows public airports that receive AIP funds to use those moneys on
infrastructure for the use of advanced air mobility, including eVTOLs,
electric aircraft charging, and further building out airport
infrastructure.
The future of aviation is upon us, and aviation, as we know, is
quickly evolving. Having overseen one of New York's busiest general
airports and now representing several regional airports within my
district, advanced air mobility will help reconnect rural communities,
reinvigorate tourism, improve ease of movement from rural to urban
areas, and enhance quicker transportation of goods and people.
Lastly, I will mention the AIR Act. This bill raises the grant
funding for workforce development programs for pilots, aircraft
mechanics, and more. This reauthorization bill includes $45 million a
year for these grants, a major increase to the current funding level,
and will ensure the next generation of workers in the aviation industry
are well prepared.
Mr. Chair, for this and many other reasons, I urge my colleagues to
support this bill. It is a great example of the bipartisan work that
can be achieved here, and I am grateful to Chairman Graves for his
leadership.
Mr. LARSEN of Washington. Mr. Chairman, I yield 2 minutes to the
gentleman from New Jersey (Mr. Menendez).
Mr. MENENDEZ. Mr. Chairman, I thank Ranking Member Larsen and
Chairman Graves for their leadership on this bill.
Mr. Chairman, I rise today to discuss the Securing Growth and Robust
Leadership in American Aviation Act and the positive impact it will
have on air transportation for both consumers and workers in the
aviation industry.
Over the past few months, I have worked alongside my colleagues on
the Transportation and Infrastructure Committee to develop a strong,
bipartisan bill that delivers for all Americans. That is exactly what
this legislation does.
Under this bill, airlines will be required to develop policies to
reimburse consumers for hotel and meal costs when a flight is canceled
or significantly delayed.
Passengers living with disabilities will be treated with the dignity
they deserve, thanks to the Department of Transportation's creation of
a roadmap to better accommodate wheelchairs onboard planes and to
reduce damage to mobility aids.
Future airline pilots, technical workers, and airline manufacturing
workers will come from communities that have been historically
underrepresented in the aviation industry, with $9 million in funding
for recruitment and retainment efforts for these good-paying, highly
skilled jobs.
{time} 1315
Families will have an easier flying experience with airlines being
required to allow parents to sit next to their young children.
I am also pleased that important provisions of my bill, the Airline
Employee Assault Prevention Act, were included in this FAA
reauthorization, ensuring a continued focus on protecting airline
workers from assault and harassment.
This legislation reflects the voices of our residents who have long
been burdened with flight delays, with unjust treatment of passengers
with disabilities, and with conditions that have made flying more
challenging for families.
Mr. Chair, I proudly support this bill, I look forward to voting for
it on the floor, and I urge all of my colleagues to join me in doing
so.
Mr. GRAVES of Missouri. Mr. Chairman, I yield 2 minutes to the
gentleman from Michigan (Mr. Bergman).
Mr. BERGMAN. Mr. Chairman, I thank Chairman Graves for his
leadership. This is not an easy bill that is done every day, and it is
something that is essential to the safety and security of our country
as well as the advancement of all the good economic policies that we
have.
Mr. Chairman, as one of the only two commercial pilots in Congress
with three-plus decades in the air, I understand very personally the
importance of having a strong FAA reauthorization bill.
While this bill makes critical investments that benefit the flying
public and aviators alike, I have significant concerns about several
amendments made in order by the Rules Committee, especially one aimed
squarely at Michigan's First District and other rural areas that
eliminate the Essential Air Service, and I implore all Members to
oppose McClintock amendment No. 62.
However, what was left out of the bill is far more concerning than
what was put into it.
My amendment, which has broad bipartisan support, would simply allow
for a debate and vote on a critically important topic regarding
unproductive pilot retirement age changes in the underlying bill.
However, the powers that be pulled out all the stops to silence
dissent and shield the American public from a debate they know they
can't win.
For these reasons, Mr. Chairman, I will be voting ``no'' on H.R.
3935.
Mr. LARSEN of Washington. Mr. Chairman, I yield 1 minute to the
gentleman from Massachusetts (Mr. Auchincloss).
Mr. AUCHINCLOSS. Mr. Chair, I extend my appreciation to Chairman
Graves, Ranking Member Larsen, Aviation Subcommittee Chairman Graves,
and Aviation Subcommittee Ranking Member Cohen for their work in
crafting a robust bipartisan bill in committee. I am pleased that my
language supporting airports' efforts to better manage their curb
spaces was included in the bill.
Curb management practices such as remote enforcement using sensors
and cameras can reduce traffic at pickup and drop-off areas and improve
travelers' airport experiences.
Currently, though, curb management is in a regulatory gray area
leading to uncertainty for airports and vendors that are trying to
reduce traffic, unsafe vehicular maneuvers as the flying public arrives
at their terminals, and stress for all involved.
[[Page H3714]]
My provision would provide clarity and flexibility for airports'
landside operations by making clear that there is no Federal regulation
preventing airports from managing their curbs. This language would not
impact any State or local restrictions, nor would it require airports
to do anything at all. It simply creates legal clarity.
In addition to helping large and medium-size airports improve safety,
passenger experience, and queuing times in increasingly crowded and
multi-modal drop-off and pickup areas, cutting-edge curbside management
can serve as a demonstration project to adjacent cities and towns that
are wrestling with how to unlock better curbside use for delivery,
micromobility, rideshare, parking, and outdoor dining and recreation.
Again, I thank the chairman and ranking member for their work
including this provision.
Mr. GRAVES of Missouri. Mr. Chairman, I yield 2 minutes to the
gentleman from Georgia (Mr. Collins).
Mr. COLLINS. Mr. Chair, I thank the chairman for yielding me some
time to speak on this very good piece of legislation.
Mr. Chair, as a member of the Science Committee, the Transportation
and Infrastructure Committee, and the Aviation Subcommittee since I got
here in January, we have spent countless hours visiting with
stakeholders, manufacturers, and visiting airports to get a good feel
and learn more about this. I must say that I probably still don't know
one-tenth of what the chairman, the ranking member, or Chairman Lucas
knows about this subject.
Mr. Chair, since the Wright brothers took their first flight, America
has been the world's pioneer in the skies. That is why I rise in strong
support of the FAA reauthorization bill that is before us today because
it will build on that legacy.
Today, we will vote to provide much-needed long-term stability to our
Nation's aviation system and ensure that our skies remain the safest in
the world.
With this legislation, we will improve efficiency at the FAA and
invest in our critical infrastructure, including regional and local
airports. We will pave the way for new technologies and ensure that the
FAA is ready to certify innovations like hypersonic aircraft. We will
also strengthen our general aviation community, which is a key part of
our Nation's economy and identity, and we will take steps to grow our
aviation workforce and ensure our airlines can meet the needs of the
traveling public and improve the passenger experience.
Mr. Chair, I thank Chairman Sam Graves and Ranking Member Rick Larsen
for their leadership. I also thank their incredible staffs, and I urge
my colleagues to support this bill.
Mr. LARSEN of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Oregon (Ms. Hoyle.)
Ms. HOYLE of Oregon. Mr. Chair, I rise today in support of the
bipartisan FAA reauthorization bill.
This legislation includes the bipartisan AIR PUMP Act, which I
introduced earlier this year alongside Oregon Senator Jeff Merkley.
Our legislation would require the FAA to issue guidance to air
carriers on providing protections for flight crews to pump breast milk
during noncritical phases of flights.
All workers deserve the right to pump breast milk in the workplace,
including flight attendants and pilots. Currently, they are the only
workers who do not have this protection.
Flight crew workers should be able to have reasonable break times to
pump. They should also have a designated place that is shielded from
view and free from interference. This bill also ensures that the FAA's
pumping guidance will not incur significant costs for air carriers. It
helps increase the diversity of the workforce and ensures working
mothers have needed flexibility.
Mr. Chairman, I thank T&I Chairman Sam Graves and Ranking Member Rick
Larsen for their support of the AIR PUMP Act and their bipartisan
approach to the FAA reauthorization bill.
Mr. GRAVES of Missouri. Mr. Chairman, I reserve the balance of my
time.
Mr. LARSEN of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Ohio (Mrs. Sykes).
Mrs. SYKES. Mr. Chairman, I rise today in support of H.R. 3935, the
Securing Growth and Robust Leadership in American Aviation Act, more
commonly known as the FAA authorization.
My home State of Ohio, the Birthplace of Aviation, and H.R. 3935 will
ensure Ohio's 13th Congressional District continues to be a pioneer in
the aviation and aerospace industry.
H.R. 3935 invests billions into airports large and small, including
Akron-Canton Airport in my district and the Kent State University
Airport in my district, to keep our skies safe and to make our aviation
infrastructure cleaner and greener.
Notably, this bill includes important provisions that I supported for
advancement of a remote tower program in Ohio. The remote tower program
will improve traffic control for aircraft that utilize smaller
airports, generating economic development and safer air spaces.
Not only that, but the Ohio remote tower program will also support
the research and development of Advanced Air Mobility applications,
cutting-edge technology which has the potential to change how people
travel from small communities, how healthcare services can be delivered
to critical areas of need, and to offer a more sustainable mode of
transportation.
Finally, this legislation supports the hiring of 15 additional rail
investigators. That is important to northeast Ohio. As we all know, the
train derailment in East Palestine has devastated our community, but
train derailments have devastated communities across the country. This
amendment allows for more timely and more thoughtful accident reports
being reported to Congress so that we can act accordingly.
H.R. 3935 improves the health, safety, and well-being standards of
aviation, both on the ground and in the air. The bill also protects
consumer rights and improves accessibility so all people in Ohio's 13th
District can travel with safety and dignity.
Once again, Mr. Chair, I am proud to support this legislation.
Mr. GRAVES of Missouri. Mr. Chairman, I reserve the balance of my
time.
Mr. LARSEN of Washington. Mr. Chairman, I yield 2 minutes to the
gentlewoman from Michigan (Ms. Scholten).
Ms. SCHOLTEN. Mr. Chairman, it is exciting to play a role in crafting
legislation as impactful as reauthorizing the FAA, especially as a
freshman legislator. I came to Congress to deliver for the people of
west Michigan, and this robust bipartisan bill will do just that.
Two specific provisions in this bill will be especially beneficial
for my district. Michigan's Third District includes the Gerald R. Ford
International Airport, the second busiest airport in the State and one
of the busiest airports in the entire country.
The airport's aging air traffic control tower is preventing needed
expansion. It is the oldest tower among any of the top 75 largest
airports and does not meet the security requirements or operational
necessities found in more modern towers.
This bill includes provisions which direct FAA to specifically
consider old towers at airports like GRR when selecting projects for
replacement and increasing transparency around the process the FAA uses
when deciding which towers need to be upgraded. These policies will
help GRR forge a path forward to ensure the airport can meet the needs
of the region.
Mr. Chair, I thank the chairman and the ranking member for working
with me to include these critical priorities for my district and other
similarly situated airports around the country, and I urge the passage
of this bill.
Mr. GRAVES of Missouri. I reserve the balance of my time, Mr. Chair.
Mr. LARSEN of Washington. Mr. Chair, I yield 2 minutes to the
gentleman from Illinois (Mr. Sorensen).
Mr. SORENSEN. Mr. Chair, our regional airports are vital for
connecting Americans and strengthening local economies. I represent a
district with four such airports, including the fastest growing air
cargo airport in the Nation. I am thrilled that this year's FAA
reauthorization provides resources for small and large airports alike.
Unfortunately, this bill is not perfect. It includes a shortsighted
provision to raise the pilot retirement age. It also doesn't go far
enough to support our aerospace workers.
[[Page H3715]]
This year, the Space and Aeronautics Subcommittee heard from Collins
Aerospace located in my hometown of Rockford, Illinois. They emphasized
the importance of R&D funding right at home, but because of R&D
disinvestment, many companies are looking to European countries for R&D
opportunities.
When American companies go overseas to do their research, it means
jobs and talent go away. Our best and brightest in Illinois are ready
to bring humans to new heights. We in Congress must provide them with
the flexibility and resources to succeed.
{time} 1330
Mr. GRAVES of Missouri. Mr. Chairman, I reserve the balance of my
time.
Mr. LARSEN of Washington. Mr. Chairman, I yield 2 minutes to the
gentleman from California (Mr. DeSaulnier).
Mr. DeSAULNIER. Mr. Chair, I thank the gentleman for yielding.
I will also thank and say how grateful I am for the leadership of
Chairman Graves and Ranking Member Larsen on this comprehensive and
thoughtful bipartisan reauthorization.
Many of the priorities that I have authored made it into the bill,
including several provisions from my Safe Landings Act, like
identifying the need for airport surface surveillance and safety
systems and requiring data analysis of safety incidents.
I am also very appreciative that the amendment I spent a lot of time
on will be considered. I worked with pilots and other safety experts,
including a constituent and good friend, Captain ``Sully''
Sullenberger, the skilled pilot who safely navigated the landing on the
Hudson River and a long-time advocate and expert for aviation safety
who helped me with this amendment and strongly supports the proposal.
This amendment creates a Task Force on Human Factors in Aviation
Safety.
We know as technology changes--and the near miss that got me involved
in more of the aviation issues at SFO some years ago where we came
within 59 feet of having the largest aviation disaster in American
history--we are making sure that we are training the pilots in a way
that keeps them consistent with technology, and the great research on
neuroscience and human factors that is getting better all the time,
that we are using that to make sure that humans are integrated with the
latest technology.
The NTSB identified that human factors, specifically pilot fatigue,
have played roles in that 2017 incident and many near misses, so it is
important that this work gets done.
The aviation safety system will continue to be safe and amongst the
safest in the world if we continue to make sure that it is updated and
doesn't rest on its well-deserved laurels in the past.
The Acting CHAIR (Mr. LaLota). The time of the gentleman has expired.
Mr. LARSEN of Washington. Mr. Chairman, I yield an additional 30
seconds to the gentleman from California.
Mr. DeSAULNIER. Mr. Chair, these decisions in this reauthorization
will help provide that, and I thank the leadership for the extended
time.
Mr. GRAVES of Missouri. Mr. Chairman, I reserve the balance of my
time.
Mr. LARSEN of Washington. Mr. Chair, I yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Chairman, I thank the gentleman very much for
yielding time. Let me first say that the administration
enthusiastically supports the work of Chairman Graves and Ranking
Member Larsen for the great work that they have done.
This is good for America. This is good for Houston, Texas, and it is
good for Texas. I have two airports in the region, including Hobby
International Airport and Bush Intercontinental Airport, and Ellington
Field that see some commercial flights.
It is good that we will get between $3.35 billion and $4 billion to
help in the airport funding program of which I saw about 40 to 80
million come to our Bush Intercontinental Airport in the last couple of
weeks.
It is important to have the flexibility to deal with environmental
issues, and, of course, it is extremely important to have a $45 million
training program for a pipeline for pilots, aviation maintenance, and
aviation manufacturing. Why? Because schools like Texas Southern
University that uniquely has one of the only HBCUs training of pilots
program will be able to do more and fill that pipeline with pilots.
In addition, we respond to the assaults that have been occurring
against employees and crew, and respond by an employee assault
prevention response plan, which is extremely important.
We did this during 9/11, but now we are looking at more secondary
cockpit barriers that will be more important. As well, we want to make
sure that we have a task force of air carriers.
This bill is for airlines and airports, but it is for the traveling
public, as well. It deals with air law enforcement, aviation labor
unions, and others to be able to work together.
I am excited about the Bessie Coleman Women in Aviation Advisory
Committee to encourage more young women to become pilots, as we need
more pilots every single day.
The matter that I worked on as a member of the Committee on Homeland
Security, finally we set standards for foreign aircraft repair
stations, so that when our American airlines are overseas, they are
subject to the same standards of American repair stations. We were very
concerned about that after 9/11.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. LARSEN of Washington. Mr. Chair, I yield an additional 30 seconds
to the gentlewoman from Texas.
Ms. JACKSON LEE. Mr. Chairman, let me dwell on an amendment that I
offered to get through the backlog of pilots that are now well after
they have been off for some medical reason and the backlog of getting
them back into the stream of flying is taking long. We need to look at
that because these are perfectly able pilots, but they are still on
medical leave.
I also want to ensure that we have mental health relief for our
pilots, like 29-year-old Chris Daniel, who was doing well, but after
the pandemic began experiencing depression. Chris' doctor suggested
treatment for his depression, but as a pilot, he was too afraid to go.
Mr. Chair, I rise today to speak in support of H.R. 3935, the
Securing Growth and Robust Leadership in America Aviation Act of 2023.
The Securing Growth and Robust Leadership in American Aviation Act
helps maintain America's gold standard in safety, fosters innovation,
strengthens and diversifies the U.S. aviation workforce, and invests in
resilient and sustainable infrastructure.
This is an important bill that I offered an amendment to help improve
through the Rules Committee, the Jackson Lee Amendment.
While the Rules Committee did not make my amendment in order, it is
important to highlight what it would have done and what is still needed
to assist and strengthen aviation in our country.
In particular, the Jackson Lee Amendment would do the following:
Implement the creation of the Aviation Medical Innovation and
Modernization Working Group and a report on recommendations from the
Working Group on the evaluation of the conditions an Aviation Medical
Examiner can issue. Improve and reform 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, in addition to other measures that will help
ease the process and remove the backlog for when pilots return from
medical leave.
It would pilot a mental health task group to develop and provide
recommendations related to supporting the mental health of aircraft
pilots.
Finally, my amendment requests a report that would provide
recommendations for best practices in detecting, assessing, and
reporting mental health conditions and treatment options as part of
pilot aeromedical assessments.
The Jackson Lee Amendment would have strengthened this legislation by
keeping the health and safety of airline pilots at the forefront.
Ms. JACKSON LEE. Mr. Chair, let's help our pilots be strong medically
and mentally, and let's make this the best aviation system in the
world.
Mr. Chair, I include in the Record an article from Scientific
American.
[From Scientific American, Nov. 22, 2022]
We Need To Change the System That Keeps Pilots From Seeking Mental
Health Care
(By William R. Hoffman)
By 29 years old, Chris Daniel felt he had it all: a wife,
two beautiful children and fulfillment of his lifelong dream
of becoming a U.S. airline captain. But in the spring of
2022, after years of flying, Chris knew something was not
right. Shadows from his past
[[Page H3716]]
were reemerging, strained by post-COVID travel demand and
long, taxing weeks on the road. Years earlier, Chris's
physician had suggested that his low mood and trouble
sleeping might be symptoms of mild depression. But like many
pilots, he balked at the idea. If a doctor diagnosed
depression or if he sought help, Chris assumed he would never
be able to fly again. Seeking help seemed unthinkable because
losing flying was akin to losing everything; being a pilot
was who he was.
Chris's story is not unusual. While mental health symptoms
are common in airline pilots, getting help can affect their
ability to work in a big way. Airline pilots are required to
meet certain medical standards in order to maintain an active
flying status, and disclosing a new symptom or condition to
the Federal Aviation Administration (FAA) puts them at risk
of losing, usually temporarily, their ability to work and
fly. This is particularly true for mental health symptoms.
The FAA bars pilots from the cockpit if they report seeking
regular talk therapy for even mild anxiety or depression;
this may last for months and sometimes even years based on
the assumption they pose an unacceptable risk to safety. In
fact, pilots find themselves among only a handful of
professions that require disclosure of any encounter with the
health care system, including mental health visits.
While it makes sense to ground a pilot in distress, the
current system often fails to recognize the dynamic and often
situational nature of mental health symptoms and often drives
pilots from seeking care. Time off the job can have negative
repercussions such as loss of pay and need for recurrent
training, and the expenses of additional medical evaluations
required by the FAA often fall onto the pilot. All of these
together result in a population of pilots working the fleet
who are suffering in silence and fearful to get the help they
need. We must rethink the system that drives pilots from
attending to their mental health and change what seeking
mental health care services means in aviation.
Data my group and others have gathered are beginning to
reveal the scope of this problem. Our findings demand
attention. In our recent study of more than 3,500 U.S.
pilots, 56 percent reported behavior that we classify as
avoiding health care (for example, getting health care
outside the traditional system to avoid its documentation)
specifically because they feared the loss of their clearance
to fly. Interestingly, 26 percent of pilots reported that
they had withheld information during their FAA health
checkups for the same reason: the fear of losing their
medical clearance. This is sometimes called ``losing their
wings.''
In a sister study, more than half of pilots in our sample
had something they felt needed to get checked out--maybe it
was mental health related, perhaps a knee injury, or even
just a rash--but waited or decided against it because they
worried about their career. While our studies focused on
overall health care, we suspect this finding also applies to
mental health.
Many pilots have reasonably good access to health care.
This includes health insurance, paid time off and sometimes
other union protections. Instead, these data suggest a
barrier exists because pilots are asked to weigh the benefits
of seeking help against the professional costs that they
alone bear. How bad does mild anxiety need to become to
warrant a prolonged absence from work? For most pilots,
very bad.
The growing demand for pilots in our travel-hungry, COVID-
endemic world is likely to make this problem more
complicated. The Bureau of Labor and Statistics projects
18,100 new pilot jobs each year for the next decade,
precipitated by the continued growth of air travel. As
compensation has soared in 2022, more is being asked of
pilots, including longer and more frequent trips to keep pace
with passenger demand, This is in the context of other
airline professions--such as maintenance and administrative
staff--facing major personnel shortages, placing further
strain on a system already operating at its limits. Higher
demand on pilots can lead to additional time away from family
and friends, leading to an even greater need for mental
health care services. Simply put, pilots' need for mental
health care is likely to only grow in the coming years.
While on the surface it might seem that increasing the pool
of pilots would ease the situation, more pilots won't fix the
existing challenges in the system. Flight training programs
are expanding, and some airlines are taking the unprecedented
step of establishing their own training programs. But, while
class sizes are growing, they are being filled by a younger
and more diverse generation of student pilots who may not be
as willing as their predecessors to quietly suffer. In fact,
emerging data suggest the willingness of current pilots (who
are still largely in the 40-to-60 age range) to avoid health
care for job security may not be as true for the next
generation.
``Younger pilots are different from past generations and
are more willing to identify as needing help when it comes to
their mental health,'' John Dulski, 21, an aviation student
at the University of North Dakota and advocate for aviation
mental health reform, told me during a recent phone call.
``Many are more willing to choose to get care at the risk of
stepping away from flying.'' The answers to why such a
phenomenon is occurring remains an open question that our
research group is trying to understand. Could it be related
to social media lowering the stigma of mental health or the
influences of growing up through the pandemic? We hope future
research will reveal the answer.
A new generation of Gen Z airline pilots more open to
stepping away from flying to seek mental health care services
may only further strain the shortage of pilots. But more
importantly, it should call for industry to rethink what it
means for an airline pilot to be mentally fit and what
services they should be able to receive while still working
the fleet. We can all agree that safety in aviation should be
the foundation for meaningful change. Certainly, a pilot with
a severe mental health condition shouldn't be flying. But the
opportunity lies for pilots with mild symptoms. These are
high performing professionals who are perhaps facing one of
life's usual stressors--a divorce, a family death or even
just the chronic stress of the job. How might we rethink a
system that enables this group to seek mental health care
services in hopes of sidestepping a diagnosis that could go
on to fully pull them from flying?
One answer is clear. The FAA should change policy to permit
pilots with mild symptoms to seek professional regular, and
if needed prolonged, talk therapy without loss of their
medical certification. Such a change would have major
benefits for people on both sides of the flight deck door,
including treatment to prevent symptom worsening, and regular
pilot assessment by a professional mental health provider.
Recognizing that mental health is on a dynamic spectrum and
that many pilots could benefit from talking to a professional
mental health provider at some point in their career has the
potential to keep pilots flying healthy while also increasing
safety in the system. Pilot unions and airlines should fuel
this movement by raising awareness about the problem their
pilots face and by lobbying for an alliance of stakeholder to
determine how best to safely enact this change. While credit
is due to the FAA for recently making several positive policy
changes related to mental health, there is still work to do
and time is of the essence.
Chris Daniel never did get help for his mental health
symptoms, and despite an excellent flying record, he died of
suicide in June 2022. While we believe suicide is relatively
rare among pilots, this extreme outcome is in part why we
must create positive change. With the use of appropriate
supervision and reevaluation, aviation's safety culture
should shift to thinking of mental health care services as a
marker for wellness and prevention instead of risk and
disease. This change would not only benefit pilots, but also
the 2 million U.S. passengers who trust the aviation system
every day.
IF YOU NEED HELP
If you or someone you know is struggling or having thoughts
of suicide, help is available. Call or text the 988 Suicide &
Crisis Lifeline at 988 or use the online Lifeline Chat.
The views expressed herein are those of the author(s) and
do not reflect the official policy or position of Brooke Army
Medical Center, the Department of Defense or any agencies
under the U.S. government.
This is an opinion and analysis article, and the views
expressed by the author or authors are not necessarily those
of Scientific American.
Mr. GRAVES of Missouri. Mr. Chairman, I am prepared to close, and I
reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chairman, I yield myself the balance of
my time for the purpose of closing.
Mr. Chair, I will conclude by saying that we encourage Members to
support this. This is a bipartisan bill negotiated in good faith. It is
a very substantial bill, and I think it is a product that we can
certainly be proud of to move forward on.
Mr. Chair, I yield back the balance of my time.
Mr. GRAVES of Missouri. Mr. Chairman, I yield myself the balance of
my time.
Mr. Chairman, it has been made clear through debate that H.R. 3935 is
a must-pass bill that provides a path for America's future success,
growth, and leadership in civil aviation.
This strong bipartisan, forward-looking legislation is going to
improve efficiency and operations at the FAA. It is going to strengthen
America's foundational general aviation sector, and it is going to grow
the aviation workforce.
It is going to invest in airport infrastructure across the country.
It is going to encourage domestic innovation in aviation, enhance the
passenger experience, and uphold America's gold standard in aviation
safety.
Before I yield back, Mr. Chair, I would like to recognize the work of
staff on both sides of the aisle in the development of this
legislation. I appreciate the many long days, weeks, and weekends, for
that matter, that staff, including the folks in the legislative
counsel's office, have put into this effort. I think it shows in the
quality of the legislation that we have before us.
[[Page H3717]]
On the Republican Subcommittee on Aviation, I thank staff director
Hunter Presti, Laney Copeland, Julie Devine, Andrew Giacini,
Christopher Senn, and Will Moore.
On the Republican full committee staff, I thank staff director Jack
Ruddy, Michael Falencki, Corey Cooke, Meghan Holland, Abby Wenk, Leslie
Parker, Chris Divine, Tyler Micheletti, Wills MacKay, Payton Palazzolo,
Justin Harclerode, Jake Murphy, and Kerry Goldberg.
I also thank Maggie Aryea of subcommittee chairman Garret Graves'
staff.
On the Democratic staff, I thank committee staff director Kathy
Dedrick, Helena Zyblikewycz--I am sorry; I apologize--Stanton Johnson,
aviation staff director Brian Bell, Alexandra Menardy, Adam Weiss, and
again, all the staff who worked on this complex and critical
legislation.
Mr. Chair, I urge support of the Securing Growth and Robust
Leadership in the American Aviation Act, and I yield back the balance
of my time.
Mr. CARSON. Mr. Chair, I commend Chairman Graves and Ranking Member
Larson for their hard work to bring this bipartisan FAA Reauthorization
bill to the House floor.
I am very pleased that this bill includes some of my top priorities:
1. Implementation of my 2018 provisions requiring Secondary Cockpit
Barriers in Section 522 of the bill. This language will be made even
stronger with the passage of the Fitzpatrick/Carson amendment to speed
up the process and finally get these safety devices on all passenger
aircraft.
2. Including my bipartisan bill, the National Center for the
Advancement of Aviation in Sections 303, 264 and 308.
3. Improving minority and disadvantage business participation in all
FAA programs, in Sections 426 and 302.
I'm also appreciative of Chairman Graves' willingness to work with me
to improve Section 813 of the bill which changes the current rules
addressing Temporary Flight Restrictions. We had a lengthy colloquy
during our markup about unintended consequences of Section 813. I
remain concerned about the provisions in Section 813, which appear to
change current law and weaken Temporary Flight Restrictions (TFRs).
This is especially important to my district in Indianapolis, which has
benefited from the safety of Temporary Flight Restrictions to protect
NFL and NCAA Division 1 games, plus major Motor Speedway events like
the Indy 500 over the last 20 years.
Since the 9/11 terrorists attacks, FAA imposed TFRs over stadiums and
other locations. Subsequently, FAA began to issue some waivers, but
Congress imposed a statutory restrictions to maintain the safety of
major events, especially sporting events with high-capacity stadiums.
In this year's bill, we must make sure the language in Section 813 does
not have unintended consequences of undermining the safety at large
public gatherings, like major sporting events. This includes strong
collaboration with law enforcement and public safety officials to
resolve any conflicts with competing events that may require Temporary
Flight Restrictions.
I believe we can further improve the language and utilize a simpler
collaboration model that will be effective and timely.
I would like to include in the Record the following letter from a
coalition of sports organizations and the Statement of Administration
Policy which details concerns with the underlying language. I look
forward to continuing to work with Chairman Graves and Ranking Member
Larson to improve this language.
Statement of Administration Policy
H.R. 3935--securing growth and robust leadership in american aviation
act
The Administration supports enactment of a Federal Aviation
Administration
(FAA) reauthorization bill and applauds the bipartisan work
of the House Transportation and Infrastructure Committee. The
Administration is focused on ensuring that the aviation
sector works well for the American people, and reauthorizing
the FAA in a timely manner will help achieve that goal. H.R.
3935, the Securing Growth and Robust Leadership in American
Aviation Act, would enhance aviation safety; invest in, and
improve on-the-job safety for, our aviation workforce;
integrate into the national airspace system new entrants such
as Advanced Air Mobility and Commercial Space operators;
strengthen passenger rights; and improve our aviation
infrastructure.
The Administration looks forward to working with the
Congress to address the Administration's concerns with this
legislation, a number of which are outlined below.
Protection of Aviation Consumer Rights and Promotion of
Competition. The Administration is strongly committed to
protecting the rights of aviation consumers and promoting
competition in the aviation industry. The Administration
opposes provisions in the bill that would reverse important
gains made by this Administration to combat junk fees in the
airline industry and would eliminate longstanding consumer
protections. The Administration believes that the disclosure
requirements currently in place for passenger tickets are
necessary to help consumers comparison shop for a ticket. The
Administration encourages the Congress to include the
Administration's proposals to expand consumer protections by
banning family seating junk fees, requiring up-front
disclosure of add-on fees, and requiring automatic refunds
and additional compensation for controllable flight
cancellations and delays. The Administration further supports
opening up airport gate access and preventing anticompetitive
practices that block new entrants.
International Commitments. While the Administration
appreciates the language aimed at ensuring continued U.S.
implementation of Open Skies agreements while promoting labor
standards for U.S.-based aviation sector workers, the
Administration also urges the Congress to add provisions to
implement U.S. international commitments and ensure our
aviation partners follow suit. The bill should be amended to
include provisions for U.S. implementation of global
marketbased measures of the International Civil Aviation
Organization, and to establish U.S. leadership relating to
the understanding and mitigation of the non-Greenhouse Gas
climate impacts of aviation.
Agency Restructuring. While the Administration supports the
goal of improving the efficiency of the organizational
structure of the FAA, it does not support the proposed
changes in FAA rulemaking review and the weakening of the
Administrator's ability and authority to determine the
appropriate size and allocation of the air traffic controller
workforce. The Administration also has concerns with
provisions that would make fundamental changes to the
agency's structure, eroding the discretion of the
Administrator to manage the agency in the most efficient
manner.
Implementation Timelines and Program Changes. The
legislation includes multiple rulemakings, reviews, reports,
and other requirements with aggressive timelines, along with
the creation of numerous programs that are not conditioned on
the availability of appropriations. The Administration is
also concerned that proposed major structural changes to
airport infrastructure programs are untested, and may be
difficult to implement depending on the level of resources
made available. The bill would also reduce the amount of
competitive airport grant funding, which would reduce the F
AA's ability to address important safety and capacity issues.
Standards for Airport Service Workers. The Administration
urges the Congress to include provisions that will improve
job quality for, and therefore aid in the recruitment and
retention of, those who clean planes, handle baggage, assist
passengers who use wheelchairs, and provide other services
critical to safe, stable, and timely operations for aviation
customers.
Age Standards for Pilots. The bill includes a provision
that would raise the retirement age for pilots in commercial
operations. Making this change without doing research and
establishing any necessary policies would be outside the
international standard.
Maintaining Safe and Secure Airspace During Major Sports
Events. While the Administration supports the goal of
providing accessibility to and public use of the national
airspace, it is concerned that provisions proposed in the
bill could introduce unnecessary risks to those attending
major spotting events if the effectiveness of safety and
security buffers currently provided by temporary flight
restrictions were to be decreased. To the extent that the
proposed provisions are intended to accommodate airshows, the
Administration urges the Congress to consider alternative
methods to deconflict airshows and major sports events rather
than potentially put aviation operations in close proximity
to events attended by millions of Americans each year.
____
July 18, 2023.
Dear Members of Congress: We write to urge you to oppose
the weakening of a law that protects the millions of sports
fans and spectators who attend professional and collegiate
sporting events each year. The current statutory ban on
aircraft including unmanned aircraft systems (``UAS'') or
drones--flying over large stadium sporting events throughout
the country provides necessary safety and security
protections against real and potential threats.
We are deeply concerned about section 813 of the House
version of the Federal Aviation Administration (``FAA'')
Reauthorization Act. If adopted, the language would establish
a broad and complex waiver program that would permit
countless aircraft to fly near and over stadiums during
games, putting millions of fans at risk, and unnecessarily
so. Congress wisely eliminated a similar waiver program back
in 2003, after discovering troubling and persistent failures,
gaps, and vulnerabilities in the process for conducting
background checks and issuing waivers.
The FAA first established flight restrictions over large
stadium sporting events immediately following the terrorist
attacks of September 11, 2001, in response to concerns about
terrorists using aircraft as weapons. Congress subsequently
twice codified and strengthened these restrictions,
providing specific criteria for aircraft operations
permitted within the flight restricted area. Section 813
would effectively eliminate the specific criteria and
replace it with an openended waiver program.
[[Page H3718]]
The long-standing, congressionally mandated flight
restriction enhances the safety and security of large stadium
events, while minimizing the disrnption to the National
Airspace System (``NAS''). Specifically, airspace over large
stadiums--with a seating capacity of 30,000 people or more
and where a NFL, MLB, and NCAA Division 1 football games or
major motor speedway events, such as NASCAR and INDYCAR
races, are taking place--is closed to all aircraft from one
hour before until one hour after a major sporting event. The
flight restrictions extend to three nautical miles from the
center of the stadium and from the surface to 3,000 feet
above the stadium. The flight restrictions do not apply to
authorized aircraft, such as Department of Defense, law
enforcement or air ambulance flight operations, or those in
contact with air traffic control for take offs and landings
at nearby airports, among others.
Having devoted substantial resources to secure our stadiums
on the ground, we regard the stadium flight restriction as
essential to safeguarding the airspace overhead. Moreover,
given the proliferation of UAS in our NAS, as well as the
continuing need to remain vigilant to other current and
emerging risks, the stadium flight restriction is as vital
now as ever to our national security and public safety. We
believe section 813 complicates the airspace over stadiums,
compromises public safety and security, and courts potential
disaster.
We, therefore, urge you to uphold current law and maintain
existing flight restrictions that protect the safety and
security of millions of fans who attend large stadium
sporting events every year.
Sincerely,
Cathy Lanier,
Chief Security Officer, National Football League.
David Thomas,
Vice President, Security and Ballpark Operations Major
League Baseball.
Bill Rhodes,
Managing Director, Security, National Association for Stock
Car Auto Racing.
Dan Gavitt,
Senior Vice President, National Collegiate Athletic
Association.
The Acting CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Transportation and Infrastructure, printed in the
bill, an amendment in the nature of a substitute consisting of the text
of Rules Committee Print 118-11, shall be considered as adopted. The
bill, as amended, shall be considered as an original bill for purpose
of further amendment under the 5-minute rule and shall be considered as
read.
The text of the bill is as follows:
H.R. 3935
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Securing
Growth and Robust Leadership in American Aviation Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATIONS AND FAA ORGANIZATIONAL REFORM
Subtitle A--Authorizations
Sec. 101. Airport planning and development and noise compatibility
planning and programs.
Sec. 102. Facilities and equipment.
Sec. 103. Operations.
Sec. 104. Extension of miscellaneous expiring authorities.
Subtitle B--FAA Organizational Reform
Sec. 121. FAA leadership.
Sec. 122. FAA management board.
Sec. 123. Prohibition on conflicting pecuniary interests.
Sec. 124. Authority of Secretary and Administrator.
Sec. 125. Review of FAA rulemaking processes.
Sec. 126. Office of Innovation.
Sec. 127. Frank A. LoBiondo National Aerospace Safety and Security
Campus.
Sec. 128. Technical Center for Advanced Aerospace.
Sec. 129. Office of NextGen sunset.
Sec. 130. FAA Ombudsman.
Sec. 131. Project dashboards and feedback portal.
Sec. 132. Sense of Congress on FAA engagement during rulemaking
activities.
Sec. 133. Civil Aeromedical Institute.
Sec. 134. Management advisory council.
Sec. 135. Aviation noise officer.
Sec. 136. Chief Operating Officer.
Sec. 137. Report on unfunded capital investment needs of air traffic
control system.
Sec. 138. Chief Technology Officer.
Sec. 139. Definition of air traffic control system.
Sec. 140. Peer review of Office of Whistleblower Protection and
Aviation Safety Investigations.
Sec. 141. Cybersecurity lead.
Sec. 142. Reducing FAA waste, inefficiency, and unnecessary
responsibilities.
TITLE II--GENERAL AVIATION
Subtitle A--Expanding Pilot Privileges and Protections
Sec. 201. Reexamination of pilots or certificate holders.
Sec. 202. GAO review of Pilot's Bill of Rights.
Sec. 203. Expansion of BasicMed.
Sec. 204. Data privacy.
Sec. 205. Prohibition on using ADS-B data to initiate an investigation.
Sec. 206. Prohibition on N-Number profiteering.
Sec. 207. Accountability for aircraft registration numbers.
Sec. 208. Timely resolution of investigations.
Sec. 209. Expansion of volunteer pilot organization definition.
Sec. 210. Charitable flight fuel reimbursement exemptions.
Sec. 211. GAO report on charitable flights.
Sec. 212. All makes and models authorization.
Sec. 213. Response to letter of investigation.
Subtitle B--General Aviation Safety
Sec. 221. ADS-B safety enhancement incentive program.
Sec. 222. GAO report on ADS-B technology.
Sec. 223. Protecting general aviation airports from FAA closure.
Sec. 224. Ensuring safe landings during off-airport operations.
Sec. 225. Airport diagram terminology.
Sec. 226. Alternative ADS-B technologies for use in certain small
aircraft.
Sec. 227. Airshow safety team.
Sec. 228. Tower marking notice of proposed rulemaking.
Subtitle C--Improving FAA Services
Sec. 241. Aircraft registration validity during renewal.
Sec. 242. Temporary airman certificates.
Sec. 243. Flight instruction or testing.
Sec. 244. Letter of deviation authority.
Sec. 245. National coordination and oversight of designated pilot
examiners.
Sec. 246. BasicMed for examiners administering tests or proficiency
checks.
Sec. 247. Designee locator tool improvements.
Sec. 248. Deadline to eliminate aircraft registration backlog.
Sec. 249. Part 135 air carrier certificate backlog.
Sec. 250. Logging flight time accrued in certain public aircraft.
Sec. 251. Flight instructor certificates.
Sec. 252. Consistency of policy application in flight standards and
aircraft certification.
Sec. 253. Application of policies, orders, and guidance.
Sec. 254. Expansion of the regulatory consistency communications board.
Sec. 255. Exemption of fees for air traffic services.
Sec. 256. Modernization of special airworthiness certification
rulemaking deadline.
Sec. 257. Termination of designees.
Sec. 258. Part 135 check airmen reforms.
Subtitle D--Other Provisions
Sec. 261. Required consultation with National Parks Overflights
Advisory Group.
Sec. 262. Supplemental oxygen regulatory reform.
Sec. 263. Exclusion of gyroplanes from fuel system requirements.
Sec. 264. Airshow venue information, awareness, training, and education
program.
Sec. 265. Low altitude rotorcraft and powered-lift operations.
Sec. 266. BasicMed in North America.
Sec. 267. Eliminate aviation gasoline lead emissions.
TITLE III--AEROSPACE WORKFORCE
Subtitle A--Growing the Talent Pool
Sec. 301. Extension of aviation workforce development programs.
Sec. 302. Improving aviation workforce development programs.
Sec. 303. National Center for the Advancement of Aerospace.
Sec. 304. Cooperative Aviation Recruitment, Enrichment, and Employment
Readiness Program.
Sec. 305. Repeal of duplicative or obsolete workforce programs.
Sec. 306. Civil airmen statistics.
Sec. 307. Bessie Coleman Women in Aviation Advisory Committee.
Sec. 308. Establishing a comprehensive web-based aviation resource
center.
Sec. 309. Direct hire authority from UAS Collegiate Training
Initiative.
Subtitle B--Improving Training and Rebuilding Talent Pipelines
Sec. 311. Joint aviation employment training working group.
Sec. 312. Airman knowledge testing working group.
Sec. 313. Airman Certification System Working Group and timely
publication of standards.
Sec. 314. Air traffic control workforce staffing.
Sec. 315. Aviation safety workforce assessment.
Sec. 316. Military aviation maintenance.
Subtitle C--Engaging and Retaining the Workforce
Sec. 321. Airman's medical bill of rights.
Sec. 322. Improved designee misconduct reporting process.
Sec. 323. Report on safe uniform options for certain aviation
employees.
Sec. 324. Extension of Samya Rose Stumo national air grant fellowship
program.
[[Page H3719]]
Sec. 325. Promotion of civil aeronautics and safety of air commerce.
Sec. 326. Educational and professional development.
Sec. 327. Human factors professionals.
Sec. 328. Aeromedical innovation and modernization working group.
Sec. 329. Frontline manager workload study.
Sec. 330. Age standards for pilots.
TITLE IV--AIRPORT INFRASTRUCTURE
Subtitle A--Airport Improvement Program Modifications
Sec. 401. AIP definitions.
Sec. 402. Revenue diversion penalty enhancement.
Sec. 403. Extension of competitive access report requirement.
Sec. 404. Renewal of certain leases.
Sec. 405. Community use of airport land.
Sec. 406. Price adjustment provisions.
Sec. 407. Allowable project costs and letters of intent.
Sec. 408. Small airport letters of intent.
Sec. 409. Prohibition on use of AIP funds to procure certain passenger
boarding bridges.
Sec. 410. Fuel infrastructure.
Sec. 411. Apportionments.
Sec. 412. PFC turnback reduction.
Sec. 413. Transfer of AIP supplemental funds to formula program.
Sec. 414. Small airport fund.
Sec. 415. Revision of discretionary categories.
Sec. 416. Terminal development.
Sec. 417. State block grant program.
Sec. 418. Innovative financing techniques.
Sec. 419. Long-term management plans.
Sec. 420. Alternative project delivery.
Sec. 421. Nonmovement area surveillance surface display systems pilot
program.
Sec. 422. Repeal of obsolete criminal provisions.
Sec. 423. Limitation on certain rolling stock procurements.
Sec. 424. Regulatory application.
Sec. 425. National priority system formulas.
Sec. 426. Minority and disadvantaged business participation.
Sec. 427. Airport access roads in remote locations.
Sec. 428. Limited regulation of nonfederally sponsored property.
Sec. 429. Motorcoach enplanement pilot program.
Sec. 430. Populous counties without airports.
Sec. 431. Continued availability of aviation gasoline.
Sec. 432. AIP handbook update.
Sec. 433. GAO audit of airport financial reporting program.
Sec. 434. GAO review of nonaeronautical revenue streams at airports.
Sec. 435. Maintaining safe fire and rescue staffing levels.
Sec. 436. GAO study of onsite airport generation.
Sec. 437. Transportation demand management at airports.
Sec. 438. Coastal airports assessment.
Sec. 439. Airport investment partnership program.
Sec. 440. GAO study on per-trip airport fees for TNC consumers.
Sec. 441. Special rule for reclassification of certain unclassified
airports.
Sec. 442. Permanent solar powered taxiway edge lighting systems.
Sec. 443. Secondary runways.
Sec. 444. Increasing the energy efficiency of airports and meeting
current and future electrical power demands.
Sec. 445. Electric aircraft infrastructure pilot program.
Sec. 446. Curb management practices.
Subtitle B--Passenger Facility Charges
Sec. 461. PFC application approvals.
Sec. 462. PFC authorization pilot program implementation.
Subtitle C--Noise and Environmental Programs and Streamlining
Sec. 471. Streamlining consultation process.
Sec. 472. Repeal of burdensome emissions credit requirements.
Sec. 473. Expedited environmental review and One Federal Decision.
Sec. 474. Subchapter III definitions.
Sec. 475. Pilot program extension.
Sec. 476. Part 150 noise standards update.
Sec. 477. Reducing community aircraft noise exposure.
Sec. 478. Categorical exclusions.
Sec. 479. Critical habitat on or near airport property.
Sec. 480. Updating presumed to conform limits.
Sec. 481. Recommendations on reducing rotorcraft noise in District of
Columbia.
Sec. 482. UFP study.
Sec. 483. Aviation and airport community engagement.
Sec. 484. Community Collaboration Program.
Sec. 485. Third party study on aviation noise metrics.
Sec. 486. Information sharing requirement.
TITLE V--AVIATION SAFETY
Subtitle A--General Provisions
Sec. 501. Zero tolerance for near misses, runway incursions, and
surface safety risks.
Sec. 502. Global aviation safety.
Sec. 503. Availability of personnel for inspections, site visits, and
training.
Sec. 504. Helicopter air ambulance operations.
Sec. 505. Global aircraft maintenance safety improvements.
Sec. 506. ODA best practice sharing.
Sec. 507. Training of organization delegation authority unit members.
Sec. 508. Clarification on safety management system information
disclosure.
Sec. 509. Extension of Aircraft Certification, Safety, and
Accountability Act reporting requirements.
Sec. 510. Don Young Alaska Aviation Safety Initiative.
Sec. 511. Continued oversight of FAA compliance program.
Sec. 512. Scalability of safety management systems.
Sec. 513. Finalize safety management system rulemaking.
Sec. 514. Improvements to aviation safety information analysis and
sharing.
Sec. 515. Improvement of certification processes.
Sec. 516. Instructions for continued airworthiness aviation rulemaking
committee.
Sec. 517. Clarity for supplemental type certificate requirements.
Sec. 518. Use of advanced tools in certifying aerospace products.
Sec. 519. Transport airplane and propulsion certification
modernization.
Sec. 520. Engine fire protection standards.
Sec. 521. Risk model for production facility inspections.
Sec. 522. Secondary cockpit barriers.
Sec. 523. Review of FAA use of aviation safety data.
Sec. 524. Part 135 duty and rest.
Sec. 525. Cockpit voice and video recorders.
Sec. 526. Flight data recovery from overwater operations.
Sec. 527. Emergency medical equipment on passenger aircraft.
Sec. 528. Navigation aids study.
Sec. 529. Remote towers.
Sec. 530. Weather reporting systems study.
Sec. 531. GAO study on expansion of the FAA weather camera program.
Sec. 532. Audit on aviation safety in era of wireless connectivity.
Sec. 533. Ramp worker safety call to action.
Sec. 534. Safety data analysis for aircraft without transponders.
Sec. 535. Crash-resistant fuel systems in rotorcraft.
Sec. 536. Reducing turbulence on part 121 aircraft operations.
Sec. 537. Study on radiation exposure.
Sec. 538. Deterring crewmember interference.
Sec. 539. Cabin temperature standards.
Sec. 540. Cabin air quality.
Sec. 541. Evacuation standards for transport category airplanes.
Sec. 542. Lithium-ion powered wheelchairs.
Sec. 543. National simulator program policies and guidance.
Sec. 544. GAO study on FAA National Simulator Program.
Sec. 545. GAO study on FAA alignment with best available technologies
and standards.
Sec. 546. Advanced simulation training.
Sec. 547. Incremental safety improvement.
Subtitle B--Aviation Cybersecurity
Sec. 571. Findings.
Sec. 572. Aerospace product safety.
Sec. 573. Federal Aviation Administration regulations, policy, and
guidance.
Sec. 574. Civil aviation cybersecurity rulemaking committee.
TITLE VI--AEROSPACE INNOVATION
Subtitle A--Unmanned Aircraft Systems
Sec. 601. Definitions.
Sec. 602. Unmanned aircraft system test ranges.
Sec. 603. Unmanned aircraft in the Arctic.
Sec. 604. Public safety use of tethered UAS.
Sec. 605. Special authority for unmanned aircraft systems.
Sec. 606. Recreational operations of drone systems.
Sec. 607. Airport safety and airspace hazard mitigation and
enforcement.
Sec. 608. Applications for designation.
Sec. 609. Beyond visual line of sight rulemaking.
Sec. 610. UAS traffic management.
Sec. 611. Radar data pilot program.
Sec. 612. Electronic conspicuity study.
Sec. 613. Remote identification alternative means of compliance.
Sec. 614. Part 107 waiver improvements.
Sec. 615. Acceptable levels of risk and risk assessment methodology.
Sec. 616. Environmental review.
Sec. 617. Carriage of hazardous materials.
Sec. 618. Unmanned aircraft system use in wildfire response.
Sec. 619. Pilot program for UAS inspections of FAA infrastructure.
Sec. 620. Drone infrastructure inspection grant program.
Sec. 621. Drone education and workforce training grant program.
Sec. 622. Drone workforce training program study.
Sec. 623. UAS Integration Office.
Sec. 624. Termination of Advanced Aviation Advisory Committee.
Sec. 625. Unmanned and Autonomous Flight Advisory Committee.
Sec. 626. NextGen Advisory Committee membership expansion.
Sec. 627. Temporary flight restriction integrity.
Sec. 628. Interagency coordination.
Sec. 629. Review of regulations to enable unescorted UAS operations.
Sec. 630. UAS operations over high seas.
Sec. 631. Beyond BEYOND.
Sec. 632. UAS integration strategy.
Sec. 633. Authorization of appropriations for Know Before You Fly
campaign.
Sec. 634. Public aircraft definition.
Subtitle B--Advanced Air Mobility
Sec. 651. Definition.
Sec. 652. Powered-lift aircraft rulemakings.
Sec. 653. Powered-lift aircraft entry into service.
[[Page H3720]]
Sec. 654. Sense of Congress on preparation for entry into service of
powered-lift aircraft.
Sec. 655. Infrastructure supporting vertical flight.
Sec. 656. Charting of aviation infrastructure.
Sec. 657. Advanced air mobility working group.
Sec. 658. Advanced air mobility infrastructure pilot program extension.
Subtitle C--Other Provisions
Sec. 681. Report on national spaceports policy.
Sec. 682. Intermodal transportation infrastructure improvement pilot
program.
Sec. 683. Airspace access for high-speed aircraft.
Sec. 684. ICAO activities on new technologies.
Sec. 685. AIP eligibility for certain spaceport infrastructure.
Sec. 686. Commercial space launch and reentry statistics.
Sec. 687. Report on certain infrastructure needs.
Sec. 688. Airspace integration for space launch and reentry.
TITLE VII--PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A--General Provisions
Sec. 701. Advertisements and solicitations for passenger air
transportation.
Sec. 702. Modernization of consumer complaint submissions.
Sec. 703. Codification of consumer protection provisions.
Sec. 704. Extension of aviation consumer protection advisory committee.
Sec. 705. Removal of outdated references to passengers with
disabilities.
Sec. 706. Extension of aviation consumer advocate reporting
requirement.
Sec. 707. Air Carrier Access Act advisory committee.
Sec. 708. Passenger experience advisory committee.
Sec. 709. Streamlining of offline ticket disclosures.
Sec. 710. Ticket agent refund obligations.
Sec. 711. Updating passenger information requirement regulations.
Sec. 712. Mobility aids on board improve lives and empower all.
Sec. 713. Prioritizing accountability and accessibility for aviation
consumers.
Sec. 714. Aircraft accessibility.
Sec. 715. Accessibility of websites, software applications, and kiosks
for individuals with disabilities.
Sec. 716. Review of methods to report flight delay and cancellation
statistics.
Sec. 717. Reimbursement for incurred costs.
Sec. 718. Airline operational resiliency plans.
Sec. 719. Family seating.
Sec. 720. Seat dimensions.
Sec. 721. Improved training standards for assisting passengers who use
wheelchairs.
Sec. 722. Training standards for stowage of wheelchairs and scooters.
Sec. 723. Investigation of complaints.
Sec. 724. Standards.
Subtitle B--Air Traffic
Sec. 741. Transfers of air traffic systems acquired with AIP.
Sec. 742. NextGen programs.
Sec. 743. Airspace access.
Sec. 744. Airspace transition completion.
Sec. 745. FAA contract towers.
Sec. 746. FAA contract tower workforce audit.
Sec. 747. Aviation infrastructure sustainment.
Sec. 748. Air traffic control tower safety.
Sec. 749. Air traffic services data reports.
Sec. 750. Consideration of small hub control towers.
Sec. 751. Air traffic control tower replacement process report.
Sec. 752. FAA contract tower pilot program.
Subtitle C--Small Community Air Service
Sec. 771. Essential air service reforms.
Sec. 772. Essential air service authorization.
Sec. 773. Small community air service development program reform and
authorization.
Sec. 774. GAO study on increased costs of essential air service.
TITLE VIII--MISCELLANEOUS
Sec. 801. Digitalization of FAA processes.
Sec. 802. FAA telework.
Sec. 803. Review of office space.
Sec. 804. Aircraft weight reduction task force.
Sec. 805. Audit of technical writing resources and capabilities.
Sec. 806. FAA participation in industry standards organizations.
Sec. 807. Sense of Congress on use of voluntary consensus standards.
Sec. 808. Required designation.
Sec. 809. Sensitive security information.
Sec. 810. Preserving open skies while ensuring fair skies.
Sec. 811. Commercial preference.
Sec. 812. Consideration of third-party services.
Sec. 813. Certificates of authorization or waiver.
Sec. 814. Wing-in-ground-effect craft.
Sec. 815. Quasquicentennial of aviation.
Sec. 816. Federal contract tower wage determinations and positions.
Sec. 817. Internal process improvements review.
Sec. 818. Acceptance of digital driver's license and identification
cards.
Sec. 819. Buckeye 940 release of deed restrictions.
Sec. 820. Federal Aviation Administration information technology system
integrity.
Sec. 821. Briefing on radio communications coverage around mountainous
terrain.
Sec. 822. Study on congested airspace.
Sec. 823. Administrative services franchise fund.
Sec. 824. Use of biographical assessments.
Sec. 825. Whistleblower protection enforcement.
Sec. 826. Final rulemaking on certain manufacturing standards.
Sec. 827. Remote dispatch.
Sec. 828. Employee assault prevention and response plans amendment.
Sec. 829. Crew member self-defense training.
Sec. 830. Formal sexual assault and harassment policies on air carriers
and foreign air carriers.
Sec. 831. Interference with security screening personnel.
Sec. 832. Mechanisms to reduce helicopter noise.
Sec. 833. Technical corrections.
Sec. 834. Transportation of organs.
Sec. 835. Report on application approval timing.
Sec. 836. Study on air cargo operations.
Sec. 837. Next generation radio altimeters.
Sec. 838. Sense of Congress regarding safety and security of aviation
infrastructure.
Sec. 839. Restricted category aircraft maintenance and operations.
Sec. 840. Report on telework.
Sec. 841. Crewmember pumping guidance.
Sec. 842. Aircraft interchange agreement limitations.
Sec. 843. Federal Aviation Administration Academy and facility
expansion plan.
TITLE IX--NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2023
Sec. 901. Short title.
Sec. 902. Authorization of appropriations.
Sec. 903. Clarification of treatment of territories.
Sec. 904. Additional workforce training.
Sec. 905. Acquiring mission-essential knowledge and skills.
Sec. 906. Overtime annual report termination.
Sec. 907. Strategic workforce plan.
Sec. 908. Travel budgets.
Sec. 909. Retention of records.
Sec. 910. Nondisclosure of interview recordings.
Sec. 911. Closed unacceptable recommendations.
Sec. 912. Establishment of Office of Oversight, Accountability, and
Quality Assurance.
Sec. 913. Miscellaneous investigative authorities.
Sec. 914. Public availability of accident reports.
Sec. 915. Ensuring accountability for timeliness of reports.
Sec. 916. Ensuring access to data.
Sec. 917. Public availability of safety recommendations.
Sec. 918. Improving delivery of family assistance.
Sec. 919. Updating civil penalty authority.
Sec. 920. Electronic availability of public docket records.
Sec. 921. Drug-free workplace.
Sec. 922. Accessibility in workplace.
Sec. 923. Most Wanted List.
Sec. 924. Technical corrections.
TITLE X--FREEDOM TO FLY ACT OF 2023
Sec. 1001. Short title.
Sec. 1002. Prohibition on implementation of vaccination mandate.
Sec. 1003. Prohibition on vaccination requirements for FAA contractors.
Sec. 1004. Prohibition on vaccine mandate for FAA employees.
Sec. 1005. Prohibition on vaccine mandate for passengers of air
carriers.
Sec. 1006. Prohibition on implementation of a mask mandate.
Sec. 1007. Prohibition on mask mandates for FAA contractors.
Sec. 1008. Prohibition on mask mandate for FAA employees.
Sec. 1009. Prohibition on mask mandate for passengers of air carriers.
Sec. 1010. Definitions.
TITLE XI--FAA RESEARCH AND DEVELOPMENT
Sec. 1101. Short title.
Sec. 1102. Definitions.
Subtitle A--Authorization of Appropriations
Sec. 1111. Authorization of appropriations.
Subtitle B--FAA Research and Development Organization
Sec. 1121. Report on implementation; funding for safety research and
development.
Subtitle C--FAA Research and Development Activities
Sec. 1131. Aviation fuel research, development, and usage.
Sec. 1132. Continuous lower energy, emission, and noise (CLEEN).
Sec. 1133. Strategy on hydrogen aviation research and development.
Sec. 1134. Report on future electric grid resiliency.
Sec. 1135. Air traffic surveillance over oceans and other remote
locations.
Sec. 1136. Utilization of space-based assets to improve air traffic
control and aviation safety.
Sec. 1137. Aviation weather technology review.
Sec. 1138. Air traffic surface operations safety.
Sec. 1139. Airport and airfield pavement technology research program.
Sec. 1140. Technology review of artificial intelligence and machine
learning technologies.
Sec. 1141. Research plan for commercial supersonic research.
Sec. 1142. Electromagnetic spectrum research and development.
Sec. 1143. Aviation structures, materials, and advanced manufacturing
research and development.
Sec. 1144. Research plan on the remote tower program.
Sec. 1145. Air traffic control training.
[[Page H3721]]
Sec. 1146. Report on aviation cybersecurity directives.
Sec. 1147. Rule of construction regarding collaborations.
Sec. 1148. Turbulence research and development.
Sec. 1149. Research, development, and demonstration programs.
Sec. 1150. Limitation.
TITLE XII--AVIATION REVENUE PROVISIONS
Sec. 1201. Airport and airway trust fund expenditure authority.
Sec. 1202. Extension of taxes funding airport and airway trust fund.
Sec. 1203. Designation of certain airports as ports of entry.
TITLE I--AUTHORIZATIONS AND FAA ORGANIZATIONAL REFORM
Subtitle A--Authorizations
SEC. 101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE
COMPATIBILITY PLANNING AND PROGRAMS.
(a) Authorization.--Section 48103(a) of title 49, United
States Code, is amended--
(1) in paragraph (5) by striking ``and'' at the end;
(2) in paragraph (6) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(7) $4,000,000,000 for fiscal year 2024;
``(8) $4,000,000,000 for fiscal year 2025;
``(9) $4,000,000,000 for fiscal year 2026;
``(10) $4,000,000,000 for fiscal year 2027; and
``(11) $4,000,000,000 for fiscal year 2028.''.
(b) Obligation Authority.--Section 47104(c) of title 49,
United States Code, is amended in the matter preceding
paragraph (1) by striking ``2023'' and inserting ``2028''.
SEC. 102. FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is
amended--
(1) by striking paragraphs (1) through (5);
(2) by redesignating paragraph (6) as paragraph (1); and
(3) by adding at the end the following:
``(2) $3,375,000,000 for fiscal year 2024.
``(3) $3,425,000,000 for fiscal year 2025.
``(4) $3,475,000,000 for fiscal year 2026.
``(5) $3,475,000,000 for fiscal year 2027.
``(6) $3,475,000,000 for fiscal year 2028.''.
SEC. 103. OPERATIONS.
(a) In General.--Section 106(k)(1) of title 49, United
States Code, is amended--
(1) by striking subparagraphs (A) through (E);
(2) in subparagraph (F) by striking the period at the end
and inserting a semicolon;
(3) by redesignating subparagraph (F) as subparagraph (A);
and
(4) by adding at the end the following:
``(B) $12,730,000,000 for fiscal year 2024;
``(C) $13,035,000,000 for fiscal year 2025;
``(D) $13,334,000,000 for fiscal year 2026;
``(E) $13,640,000,000 for fiscal year 2027; and
``(F) $13,954,000,000 for fiscal year 2028.''.
(b) Authorized Expenditures.--Section 106(k)(2)(D) of title
49, United States Code, is amended--
(1) by striking clauses (i) through (v);
(2) by redesignating clause (vi) as clause (i); and
(3) by adding at the end the following:
``(ii) $46,815,000 for fiscal year 2024.
``(iii) $52,985,000 for fiscal year 2025.
``(iv) $59,044,000 for fiscal year 2026.
``(v) $65,225,000 for fiscal year 2027.
``(vi) $71,529,000 for fiscal year 2028.''.
(c) Authority to Transfer Funds.--Section 106(k)(3) of
title 49, United States Code, is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(A) In general.--Notwithstanding'';
(2) by striking ``in each of fiscal years 2018 through
2023,''; and
(3) by adding at the end the following:
``(B) Prioritization.--In reducing non-safety-related
activities of the Administration under subparagraph (A), the
Secretary shall prioritize such reductions from amounts other
than amounts authorized under this subsection, section 48101,
or section 48103.
``(C) Sunset.--This paragraph shall cease to be effective
after September 30, 2028.''.
SEC. 104. EXTENSION OF MISCELLANEOUS EXPIRING AUTHORITIES.
(a) Marshall Islands, Micronesia, and Palau.--Section
47115(i) of title 49, United States Code, is amended by
striking ``fiscal years 2018 through 2023'' and inserting
``fiscal years 2023 through 2028''.
(b) Weather Reporting Programs.--Section 48105 of title 49,
United States Code, is amended by adding at the end the
following:
``(5) $45,000,000 for each of fiscal years 2024 through
2026.
``(6) $50,000,000 for each of fiscal years 2027 and
2028.''.
(c) Midway Island Airport.--Section 186(d) of the Vision
100--Century of Aviation Reauthorization Act (Public Law 108-
176) is amended by striking ``for fiscal years 2018 through
2023'' and inserting ``for fiscal years 2023 through 2028''.
(d) Extension of the Safety Oversight and Certification
Advisory Committee.--Section 202(h) of the FAA
Reauthorization Act of 2018 (Public Law 115-254) is amended
by striking ``shall terminate'' and all that follows through
the period at the end and inserting ``shall terminate on
October 1, 2028.''.
Subtitle B--FAA Organizational Reform
SEC. 121. FAA LEADERSHIP.
Section 106 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``The Federal'' and
inserting ``In General.--The Federal''; and
(2) by striking subsection (b) and inserting the following:
``(b) Administration Leadership.--
``(1) Administrator.--
``(A) In general.--The head of the Administration is the
Administrator, who shall be appointed by the President, by
and with the advice and consent of the Senate.
``(B) Qualifications.--The Administrator shall--
``(i) be a citizen of the United States;
``(ii) not be an active duty or retired member of an Armed
Force; and
``(iii) have experience in organizational management and a
field directly related to aviation.
``(C) Fitness.--In appointing an individual as
Administrator, the President shall consider the fitness of
such individual to carry out efficiently the duties and
powers of the office.
``(D) Term of office.--The Term of office for any
individual appointed as Administrator shall be 5 years.
``(E) Reporting chain.--Except as provided in subsection
(f) or in other provisions of law, the Administrator reports
directly to the Secretary of Transportation.
``(2) Deputy administrator for programs and management.--
``(A) In general.--The Administration has a Deputy
Administrator for Programs and Management, who shall be a
political appointee of the President.
``(B) Qualifications.--The Deputy Administrator for
Programs and Management shall--
``(i) be a citizen of the United States; and
``(ii) have experience in management and a field directly
related to aviation.
``(C) Fitness.--In appointing an individual as Deputy
Administrator for Programs and Management, the President
shall consider the fitness of the individual to carry out
efficiently the duties and powers of the office, including
the duty to act for the Administrator under the circumstances
described in subparagraph (F).
``(D) Reporting chain.--The Deputy Administrator for
Programs and Management reports directly to the
Administrator.
``(E) Duties.--The Deputy Administrator for Programs and
Management shall--
``(i) manage the Assistant Administrators and Chief Counsel
established under subsection (d), except the Assistant
Administrator for Rulemaking and Regulatory Improvement; and
``(ii) carry out duties and powers prescribed by the
Administrator.
``(F) Succession plan.--The Deputy Administrator for
Programs and Management acts for the Administrator when the
Administrator is absent or unable to serve, or when the
office of the Administrator is vacant.
``(G) Compensation.--
``(i) Annual rate of basic pay.--The annual rate of basic
pay of the Deputy Administrator for Programs and Management
shall be set by the Secretary but shall not exceed the annual
rate of basic pay payable to the Administrator.
``(ii) Exception.--A retired regular officer of an Armed
Force serving as the Deputy Administrator for Programs and
Management is entitled to hold a rank and grade not lower
than that held when appointed as the Deputy Administrator for
Programs and Management and may elect to receive--
``(I) the pay provided for the Deputy Administrator for
Programs and Management under clause (i); or
``(II) the pay and allowances or the retired pay of the
military grade held.
``(iii) Reimbursement of expenses.--If the Deputy
Administrator for Programs and Management elects to receive
compensation described in clause (ii)(II), the Administration
shall reimburse the appropriate military department from
funds available for the expenses of the Administration.
``(3) Deputy administrator for safety and operations.--
``(A) In general.--The Administration has a Deputy
Administrator for Safety and Operations, who--
``(i) shall be appointed by the Administrator; and
``(ii) shall not be a political appointee.
``(B) Qualifications.--The Deputy Administrator for Safety
and Operations shall--
``(i) be a citizen of the United States; and
``(ii) have experience in organizational management and a
field directly related to aviation.
``(C) Fitness.--In appointing an individual as Deputy
Administrator for Safety and Operations, the Administrator
shall consider the fitness of the individual to carry out
efficiently the duties and powers of the office, including
the duty to act for the Administrator under the circumstances
described in subparagraph (F).
``(D) Reporting chain.--The Deputy Administrator for Safety
and Operations reports to the Administrator.
``(E) Duties.--The Deputy Administrator for Safety and
Operations shall--
``(i) manage the Associate Administrators and Chief
Operating Officer established under subsection (c) and the
Assistant Administrator for Rulemaking and Regulatory
Improvement established under subsection (d);
``(ii) develop and maintain a long-term strategic plan of
the Administration; and
``(iii) carry out other duties and powers prescribed by the
Administrator.
``(F) Succession plan.--The Deputy Administrator for Safety
and Operations acts
[[Page H3722]]
for the Administrator when the Administrator and the Deputy
Administrator for Programs and Management are absent or
unable to serve, or when the office of the Administrator and
the Office of the Deputy Administrator for Programs and
Management are vacant.
``(G) Compensation.--The annual rate of basic pay of the
Deputy Administrator for Safety and Operations shall be set
by the Administrator but shall not exceed the annual rate of
basic pay payable to the Administrator.
``(4) Leadership of the administration defined.--In this
section, the term `leadership of the Administration' means--
``(A) the Administrator under paragraph (1);
``(B) the Deputy Administrator for Programs and Management
under paragraph (2); and
``(C) the Deputy Administrator for Safety and Operations
under paragraph (3).''.
SEC. 122. FAA MANAGEMENT BOARD.
(a) FAA Management Board.--Section 106 of title 49, United
States Code, is amended by striking subsections (c) and (d)
and inserting the following:
``(c) Associate Administrators.--
``(1) In general.--The Administration has Associate
Administrators, as determined necessary by the Administrator,
including--
``(A) appointed by the Administrator, an Associate
Administrator for Aviation Safety, an Associate Administrator
for Security and Hazardous Materials Safety, a Chief
Operating Officer of the Air Traffic Control System;
``(B) appointed by the President, an Associate
Administrator for Airports; and
``(C) when authority under chapter 509 of title 51 is
explicitly delegated by the Secretary of Transportation to
the Administrator, an Associate Administrator for Commercial
Space Transportation who shall be appointed by the
Administrator.
``(2) Qualifications.--Associate Administrators shall be
citizens of the United States.
``(3) Duties.--The Associate Administrators shall carry out
duties and powers of their office described in this section
and those prescribed by the Administrator.
``(d) Chief Counsel; Assistant Administrators.--
``(1) In general.--The Administration has Assistant
Administrators and a Chief Counsel.
``(A) Chief counsel.--The Chief Counsel shall be appointed
by the President and shall--
``(i) advise the Administrator on legal matters relating to
the responsibilities, functions, and management of the
Administration;
``(ii) at the request of the Administrator, provide
guidance, counsel, and advice regarding, but shall not have
final decision-making authority with regards to, the
activities of the Administrator, including--
``(I) rulemaking activities;
``(II) policy and guidance document production;
``(III) exemption and waiver decisions; and
``(IV) certification and approval determinations;
``(iii) represent the Administration before the National
Transportation Safety Board, Department of Transportation law
judges, the Equal Employment Opportunity Commission, Federal
courts of the United States, and other bodies and courts, as
appropriate;
``(iv) pursue enforcement actions on behalf of the
Administrator; and
``(v) perform other functions as determined by the
Administrator.
``(B) Assistant administrator for rulemaking and regulatory
improvement.--The Assistant Administrator for Rulemaking and
Regulatory Improvement shall be appointed by the
Administrator and shall--
``(i) be responsible for developing and managing the
execution of a regulatory agenda for the Administration that
meets statutory and Administration deadlines, including by--
``(I) prioritizing rulemaking projects that are necessary
to improve safety;
``(II) establishing the regulatory agenda of the
Administration; and
``(III) coordinating with offices of the Administration,
the Department, and other Federal entities as appropriate to
improve timely feedback generation and approvals when
required by law;
``(ii) not delegate overall responsibility for meeting
internal timelines and final completion of the regulatory
activities of the Administration outside the Office of the
Assistant Administrator for Rulemaking and Regulatory
Improvement;
``(iii) on an ongoing basis--
``(I) review the Administration's regulations in effect to
improve safety;
``(II) reduce undue regulatory burden;
``(III) replace prescriptive regulations with performance-
based regulations, as appropriate;
``(IV) prevent duplicative regulations; and
``(V) increase regulatory clarity and transparency whenever
possible;
``(iv) make recommendations for the Administrator's review
under subsection (f)(3)(C)(ii);
``(v) receive, coordinate, and respond to petitions for
rulemaking and for exemption as provided for in subpart A of
part 11 of title 14, Code of Federal Regulations, and provide
an initial response to a petitioner not later than 30 days
after the receipt of such a petition--
``(I) acknowledging receipt of such petition;
``(II) confirming completeness of such petition;
``(III) providing an initial indication of the complexity
of the request and how such complexity may impact the
timeline for adjudication; and
``(IV) requesting any additional information, as
appropriate, that would assist in the consideration of the
petition;
``(vi) track the issuance of exemptions and waivers by the
Administration to sections of title 14, Code of Federal
Regulations, and establish a methodology by which to
determine if it would be more efficient and in the public's
interest to amend a rule to reduce the future need of waivers
and exemptions; and
``(vii) promulgate regulatory updates as determined more
efficient or in the public's best interest under clause (vi).
``(C) Appointment.--Additional Assistant Administrators, as
determined necessary by the Administrator, may be appointed
by the Administrator.
``(2) Qualifications.--The Assistant Administrators shall
be a citizen of the United States.
``(3) Duties.--The Assistant Administrators shall carry out
duties and powers of their office described in this section
and those prescribed by the Administrator.
``(4) Management board of the administration.--In this
section, the term `Management Board of the Administration'
means--
``(A) the Associate Administrators and Chief Operating
Officer established under subsection (c); and
``(B) the Assistant Administrators and Chief Counsel
established under subsection (d).''.
(b) Systemically Addressing Need for Exemptions and
Waivers.--Not later than 30 months after the date of
enactment of this Act, the Assistant Administrator for
Rulemaking and Regulatory Improvement shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the methodology developed
pursuant to section 106(d)(B)(vi) of title 49, United States
Code (as added by this section).
SEC. 123. PROHIBITION ON CONFLICTING PECUNIARY INTERESTS.
Section 106(e) of title 49, United States Code, is amended
to read as follows:
``(e) Prohibition on Conflicting Pecuniary Interests.--
``(1) In general.--The leadership of the Administration and
the Management Board of the Administration may not have a
pecuniary interest in, or hold a financial interest in, an
aeronautical enterprise, or engage in another business,
vocation, or employment.
``(2) Teaching.--Notwithstanding paragraph (1), the Deputy
Administrators and the Management Board of the Administration
may not receive compensation for teaching without prior
approval of the Administrator.
``(3) Financial interest defined.--In this subsection, the
term `financial interest'--
``(A) means--
``(i) any current or contingent ownership, equity, or
security interest;
``(ii) any indebtedness or compensated employment
relationship; or
``(iii) any right to purchase or acquire any such interest,
including a stock option; and
``(B) does not include securities held in an index fund.''.
SEC. 124. AUTHORITY OF SECRETARY AND ADMINISTRATOR.
(a) In General.--Section 106(f) of title 49, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)'';
(B) by striking ``Neither'' and inserting ``In exercising
duties, powers, and authorities that are assigned to the
Secretary or the Administrator under this title, neither'';
and
(C) by striking ``a committee, board, or organization
established by executive order.'' and inserting the
following: ``a committee, board, council, or organization
that is--
``(A) established by executive order; or
``(B) not explicitly directed by legislation to review the
exercise of such duties, powers, and authorities by the
Secretary or the Administrator.'';
(2) in paragraph (2)--
(A) in subparagraph (A)(ii) by striking ``the acquisition''
and all that follows through the semicolon and inserting
``the acquisition, establishment, improvement, operation,
maintenance, security (including cybersecurity), and disposal
of property, facilities, services, and equipment of the
Administration, including all elements of the air traffic
control system owned by the Administration;'';
(B) in subparagraph (A)(iii) by striking ``paragraph (3)''
and inserting ``paragraph (4)'';
(C) in subparagraph (B) by inserting ``civil aviation, any
matter for which the Administrator is the final authority
under subparagraph (A), any duty carried out by the
Administrator pursuant to paragraph (3), or the provisions of
this title, or'' after ``with respect to''; and
(D) in subparagraph (D)--
(i) by inserting ``(formally or informally)'' after
``required''; and
(ii) by inserting ``or any other Federal agency'' after
``Department of Transportation'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``In the performance'' and inserting ``(i)
Issuance of regulations.--In the performance'';
[[Page H3723]]
(ii) by striking ``The Administrator shall act'' and
inserting ``(ii) Petitions for rulemaking.--The Administrator
shall act'';
(iii) by striking ``The Administrator shall issue'' and
inserting ``(iii) Rulemaking timeline.--The Administrator
shall issue''; and
(iv) by striking ``On February 1'' and inserting ``(iv)
Reporting requirement.--On February 1''; and
(B) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Approval of secretary of transportation.--
``(i) In general.--The Administrator may not issue, unless
the Secretary of Transportation approves the issuance of the
regulation in advance, a proposed regulation or final
regulation that--
``(I) is likely to result in the expenditure by State,
local, and Tribal governments in the aggregate, or by the
private sector, of $250,000,000 or more (adjusted annually
for inflation beginning with the year following the date of
enactment of the Securing Growth and Robust Leadership in
American Aviation Act) in any year; or
``(II) is significant.
``(ii) Significant defined.--For purposes of this
paragraph, a regulation is significant if the Administrator,
in consultation with the Secretary (as appropriate),
determines that the regulation--
``(I) will have an annual effect on the economy of
$250,000,000 or more (adjusted annually for inflation
beginning with the year following the date of enactment of
the Securing Growth and Robust Leadership in American
Aviation Act);
``(II) raises novel or serious legal or policy issues that
will substantially and materially affect other transportation
modes; or
``(III) adversely affect, in a substantial and material
way, the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety,
or a State, local, or Tribal government or communities.
``(iii) Emergency regulation.--In an emergency, the
Administrator may issue a final regulation described in
clause (i) without prior approval of the Secretary. If the
Secretary objects to such regulation in writing within 5 days
(excluding Saturday, Sundays, and legal public holidays) of
the issuance, the Administrator shall immediately rescind
such regulation.
``(iv) Other regulations.--The Secretary may not require
that the Administrator submit a proposed or final regulation
to the Secretary for approval, nor may the Administrator
submit a proposed or final regulation to the Secretary for
approval, if the regulation--
``(I) does not require the Secretary's approval under
clause (i) (excluding a regulation issued pursuant to clause
(iii)); or
``(II) is a routine or frequent action or a procedural
action.
``(v) Timeline.--The Administrator shall submit a copy of
any proposed or final regulation requiring approval by the
Secretary under clause (i) to the Secretary, who shall either
approve the regulation or return the regulation to the
Administrator with comments within 30 days after receiving
the regulation. If the Secretary fails to approve or return
the regulation with comments to the Administrator within 30
days, the regulation shall be deemed to have been approved by
the Secretary.
``(C) Periodic review.--
``(i) In general.--In addition to the review requirements
established under section 5.13(d) of title 49, Code of
Federal Regulations, the Administrator shall review any
significant regulation issued 3 years after the effective
date of the regulation.
``(ii) Discretional review.--The Administrator may review
any regulation that has been in effect for more than 3 years.
``(iii) Substance of review.--In performing a review under
clause (i) or (ii), the Administrator shall determine if--
``(I) the cost assumptions were accurate;
``(II) the intended benefit of the regulation is being
realized;
``(III) the need remains to continue such regulation as in
effect; and
``(IV) the Administrator recommends updates to such
regulation based on the review criteria specified in section
5.13(d) of title 49, Code of Federal Regulations.
``(iv) Review management.--Any periodic review of a
regulation under this subparagraph shall be managed by the
Assistant Administrator for Rulemaking and Regulatory
Improvement, who may task an advisory committee or the
Management Advisory Council established under subsection (p)
to assist in performing the review.'';
(4) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(5) by inserting after paragraph (2) the following:
``(3) Duties and powers of the administrator.--
``(A) In general.--The Administrator shall carry out--
``(i) the duties and powers of the Secretary under this
subsection related to aviation safety (except those related
to transportation, packaging, marking, or description of
hazardous material) and stated in--
``(I) subsections (c) and (d) of section 1132;
``(II) sections 40101(c), 40103(b), 40106(a), 40108,
40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a),
and 40117;
``(III) chapter 443;
``(IV) chapter 445, except sections 44502(a)(3), 44503, and
44509;
``(V) chapter 447, except sections 44721(b), and 44723;
``(VI) chapter 448;
``(VII) chapter 451;
``(VIII) chapter 453;
``(IX) section 46104;
``(X) subsections (d) and (h)(2) of section 46301, section
46303(c), sections 46304 through 46308, section 46310,
section 46311, and sections 46313 through 46320;
``(XI) chapter 465;
``(XII) chapter 471;
``(XIII) chapter 475; and
``(XIV) chapter 509 of title 51; and
``(ii) such additional duties and powers as may be
prescribed by the Secretary.
``(B) Applicability.--Section 40101(d) applies to the
duties and powers specified in subparagraph (A).
``(C) Transfer.--Any of the duties and powers specified in
subparagraph (A) may only be transferred to another part of
the Department if specifically provided by law or in a
reorganization plan submitted under chapter 9 of title 5.
``(D) Administrative finality.--A decision of the
Administrator in carrying out the duties or powers specified
in subparagraph (A) is administratively final.''.
(b) Conforming Amendment.--Subsection (h) of section 106 of
title 49, United States Code, is repealed.
(c) Preservation of Existing Authority.--Nothing in this
section or the amendments made by this section shall be
construed to restrict any authority vested in the
Administrator of the Federal Aviation Administration by
statute or by delegation that was in effect on the day before
the date of the enactment of this Act.
SEC. 125. REVIEW OF FAA RULEMAKING PROCESSES.
(a) In General.--Not later than 30 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into appropriate
arrangements with the National Academy of Public
Administration to evaluate and make recommendations to
improve the Administration's rulemaking processes.
(b) Content of Review.--In completing the evaluation under
subsection (a), the National Academy of Public Administration
shall--
(1) review Administration and Department of Transportation
policies and procedures for drafting, coordinating,
reviewing, editing, and approving rulemaking documents;
(2) review part 11 of title 14, Code of Federal
Regulations, and section 106 of title 49, United States
Code--
(A) as such section was in effect the day before the date
of enactment of this Act; and
(B) as amended by this Act; and
(3) include in the review--
(A) advanced notices of proposed rulemakings;
(B) notices of proposed rulemakings;
(C) supplemental proposed rulemakings;
(D) interim final rules; and
(E) final rules, including direct final rules.
(c) Method of Review.--As part of the evaluation under this
section, the National Academy of Public Administration shall
analyze the scoping, drafting, analysis, and approval
processes, including examining incidents in which a rule was
referred back to a program office for revision, and the
timeline associated with each review and step for--
(1) at least 7 rules completed by the Administration since
2012, including--
(A) at least 2 rules that leveraged the work of an aviation
rulemaking committee;
(B) at least 2 rules considered significant as defined in
section 106(f)(3)(B)(ii) (as amended by this Act); and
(C) at least 1 rule promulgated through rules considered
routine and frequent in the Department's Regulatory Agenda;
and
(2) at least 2 rulemaking processes where a notice of
proposed rulemaking has not been followed by a final rule for
more than 3 years.
(d) Report.--The National Academy of Public Administration
shall provide to the Administrator, Secretary of
Transportation, the Committee on Transportation and
Infrastructure and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a
report containing the results of the evaluation required
under subsection (a). The contents of the report shall--
(1) identify procedural or resource constraints;
(2) identify inefficiencies in the process, including any
causes of delays;
(3) provide recommendations for expediting rulemakings,
including--
(A) ways to improve the efficiency of the scoping process
for rulemaking;
(B) the use of new routine and frequent rulemakings to
allow for the expediting of activities that may be routinely
needed or updated;
(C) the use of rules of applicability to provide for the
expediting of activities that may be routinely needed or
updated;
(D) the use of frameworks or shell rules to improve the
efficiency of drafting;
(E) the use of aviation rulemaking committees; and
(F) internal process improvements; and
(4) not review the policy merits of the reviewed
rulemakings, except to the extent that there are conclusions
that can be drawn from the processes used to develop such
rules.
(e) Access to Documents.--The Administration and Department
shall provide the National Academy of Public Administration
access, as appropriate, to--
[[Page H3724]]
(1) the electronic management software the Administration
uses to track internal processing of draft documents;
(2) appropriately redacted communications between offices
and personnel that were used to coordinate work outside of
the electronic software; and
(3) such other documents and records, including
predecisional documents and records, that will assist the
National Academy of Public Administration in completing the
evaluation required under subsection (a).
SEC. 126. OFFICE OF INNOVATION.
Section 106 of title 49, United States Code, is further
amended by striking subsection (g) and inserting the
following:
``(g) Office of Innovation.--
``(1) In general.--There is established within the Federal
Aviation Administration an Office of Innovation (in this
subsection referred to as the `Office') comprised of
employees of the Administration who shall--
``(A) have a diverse set of expertise;
``(B) assist the leadership of the Administration and the
Management Board of the Administration with--
``(i) scoping complex regulatory issues and drafting
documents on topics that span multiple offices or lines of
business of the Administration;
``(ii) evaluating internal processes; and
``(iii) positioning the Administration to support aerospace
innovation; and
``(C) receive taskings from the leadership of the
Administration and the Management Board of the
Administration, as determined necessary by such individuals,
and work collaboratively with relevant program offices of the
Administration, as necessary, to respond to such taskings.
``(2) Appointment of members.--
``(A) Appointments.--The Administrator shall appoint a
maximum of 15 employees to serve a 2-year term as a member of
the Office of Innovation with at least 1 employee appointed
from each of the following:
``(i) Office of Aviation Safety.
``(ii) The Air Traffic Organization.
``(iii) Office of Airports.
``(iv) Office of Security and Hazardous Materials Safety.
``(v) When authority under chapter 509 of title 51 is
explicitly delegated by the Secretary of Transportation to
the Administrator, the Office of Commercial Space
Transportation.
``(vi) Office of the Chief Counsel.
``(vii) Office of Policy, International Affairs, and
Environment.
``(B) Consultation.--The Office may consult, as necessary,
with other personnel of the Administration.
``(3) Selection of members.--An employee appointed under
paragraph (2)--
``(A) may be appointed from nominations made by Associate
Administrators, Assistant Administrators, and the Chief
Counsel of the Administration;
``(B) shall not be a senior executive of the
Administration;
``(C) shall have been an employee of the Administration for
at least 2 years; and
``(D) shall have expertise in the authorities and duties of
the respective office of the employee.
``(4) Innovation office lead.--The Administrator shall
appoint a lead of the Office who shall report to the
leadership of the Administration and who--
``(A) may have a set term, as determined by the
Administrator;
``(B) shall manage the personnel and activities of such
Office; and
``(C) may be a detailed employee of any office of the
Administration, notwithstanding the numerical limits placed
on appointments in paragraph (2)(A).
``(5) Status.--An appointment of an employee to the Office
established under this subsection shall not impact the status
or position of such employee in the respective office of such
employee and such employee shall be considered a detailed
employee to the Office of Innovation.
``(6) Resources.--The Administrator shall provide resources
and staff, as necessary, to the Office to support the
activities of the Office described in paragraph (1), not to
exceed more than 6 full-time equivalent positions, including
any necessary project managers.''.
SEC. 127. FRANK A. LOBIONDO NATIONAL AEROSPACE SAFETY AND
SECURITY CAMPUS.
(a) In General.--The campus and grounds of the Federal
Aviation Administration Technical Center located at the
Atlantic City International Airport in Egg Harbor Township,
New Jersey, shall be known and designated as the ``Frank A.
LoBiondo National Aerospace Safety and Security Campus''.
(b) Reference.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
campus and grounds at the Federal Aviation Administration
Technical Center referred to in subsection (a) shall be
deemed to be a reference to the ``Frank A. LoBiondo National
Aerospace Safety and Security Campus''.
SEC. 128. TECHNICAL CENTER FOR ADVANCED AEROSPACE.
(a) In General.--Section 106 of title 49, United States
Code, is further amended by inserting after subsection (g)
(as added by section 126) the following:
``(h) Technical Center for Advanced Aerospace.--
``(1) In general.--There is established within the
Administration a technology center located at the Frank A.
LoBiondo National Aerospace Safety and Security Campus to
support the advancement of aerospace safety and innovation
which shall be known as the `William J. Hughes Technical
Center for Advanced Aerospace' (in this subsection referred
to as the `Technical Center') that shall be used by the
Administrator and, as permitted by the Administrator, other
governmental entities, academia, and the aerospace industry.
``(2) Management.--The activities of the Technical Center
shall be managed by a Director.
``(3) Activities.--The activities of the Technical Center
shall include--
``(A) developing and stimulating technology partnerships
with and between industry, academia, and other government
agencies and supporting such partnerships by--
``(i) liaising between external persons and offices of the
Administration interested in such work;
``(ii) providing technical expertise and input, as
appropriate; and
``(iii) providing access to the properties, facilities, and
systems of the Technical Center through appropriate
agreements;
``(B) managing technology demonstration grants awarded by
the Administrator;
``(C) identifying software, systems, services, and
technologies that could improve aviation safety and the
operations and management of the air traffic control system
and working with relevant offices of the Administration to
consider the use and integration of such software, systems,
services, and technologies, as appropriate;
``(D) supporting the work of any collocated facilities and
tenants of such facilities, and to the extent feasible, enter
into agreements as necessary to utilize the facilities,
systems, and technologies of such collocated facilities and
tenants;
``(E) managing the facilities of the Technical Center and
the Frank A. LoBiondo National Aerospace Safety and Security
Campus; and
``(F) carrying out any other duties as determined
appropriate by the Administrator.''.
(b) Conforming Amendment.--Section 44507 of title 49,
United States Code, is amended--
(1) by striking ``(a) Civil Aeromedical Institute'' and all
that follows through ``The Civil Aeromedical Institute
established'' and inserting ``The Civil Aeromedical Institute
established''; and
(2) by striking subsection (b).
SEC. 129. OFFICE OF NEXTGEN SUNSET.
(a) In General.--Not later than 30 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall terminate the Office of
NextGen.
(b) Closure Process.--In carrying out subsection (a), the
Administrator shall transfer duties, authorities, activities,
personnel, and assets managed by the Office of NextGen to
other officials of the Administration, as appropriate,
including--
(1) transferring such duties, authorities, activities,
personnel, and assets to--
(A) the Director of the William J. Hughes Technical Center
for Advanced Aerospace established under subsection 106(h) of
title 49, United States Code;
(B) the Assistant Administrator for Finance and Management;
(C) the Chief Operating Officer of the Air Traffic Control
System; and
(D) other officials of the Administration, as determined by
the Administrator; and
(2) transferring management of the NextGen Advisory
Committee to the Chief Operating Officer of the Air Traffic
Control System.
SEC. 130. FAA OMBUDSMAN.
Section 106 of title 49, United States Code, is further
amended by striking subsection (i) and inserting the
following:
``(i) FAA Ombudsman.--
``(1) Establishment.--There is established within the
Federal Aviation Administration an Ombudsman who shall
coordinate or facilitate the adjudication of covered
submissions.
``(2) Ombudsman.--
``(A) In general.--The Ombudsman shall be appointed by the
Administrator and report to the Assistant Administrator for
Government and Industry Affairs.
``(B) Term.--The Ombudsman shall be appointed for a term of
5 years.
``(3) Duties.--The duties of the Ombudsman shall be as
follows:
``(A) Work with the relevant offices within the
Administration to--
``(i) with respect to a covered submission, resolve,
provide a status update, or provide clarity on the status of
such submissions;
``(ii) bring to the attention of the relevant office of the
Administration concerns, as necessary, regarding
Administration processes or considerations discovered while
coordinating an activity related to a covered submission
under this subsection; and
``(iii) address any gaps and communication lapses in
Administration coordination processes.
``(B) Determine if, based on a coordinated activity carried
out under this subsection, reconsideration with respect to
covered submissions or administrative actions are necessary
and report to the Administrator or the relevant office within
the Administration with recommendations relating to such
reconsideration.
``(C) Determine if trends materialize that could warrant
process, procedural, or resource changes and report
recommendations regarding such changes to the Administrator
[[Page H3725]]
and relevant offices within the Administration.
``(D) Ensure that reporting, processing, or dispute
resolution mechanisms within the Administration are
transparent and accessible to the public, and facilitate the
use of such reporting, processing, or dispute resolution
mechanisms, when appropriate.
``(E) Perform other duties as prescribed by the Assistant
Administrator.
``(4) Discretion on coordination and review.--
``(A) In general.--The Ombudsman shall determine whether to
coordinate a review of a covered submission in order to
provide a response, coordinate the reconsideration of an
administrative action, or take no additional action. In
making a determination under this subparagraph, the Ombudsman
shall consider--
``(i) whether there are reporting, processing, or dispute
resolution mechanisms that have not been exhausted or that
may be more appropriate for dealing with, investigating, and
responding to such covered submission;
``(ii) whether the subject or outcome of a covered
submission is alleged to be--
``(I) contrary to law or regulation;
``(II) arbitrary and capricious; or
``(III) performed in an unreasonably inefficient or
untimely manner; and
``(iii) such other factors as the Ombudsman considers
appropriate.
``(B) Exception.--With regard to a covered submission
concerning an activity relating to an alleged violation of an
order, a regulation, or any other provision of Federal law by
the Administration or whistleblower retaliation, the
Ombudsman shall refer such covered submission to the
appropriate Federal entity to adjudicate or investigate the
subject of such submission.
``(C) Cooperation.--The Administrator shall ensure that the
officers and employees of the Administration fully cooperate
with the activities of the Ombudsman and provide such
information, documents, or materials as may be requested by
the Ombudsman.
``(5) Response requirement.--The Ombudsman shall ensure
that the Administration provides an initial response to or
status update on covered submissions within 10 business days
of the Ombudsman receiving such submission.
``(6) Definitions.--In this subsection:
``(A) Administrative action.--The term `administrative
action' means--
``(i) an action taken by the Administrator of the Federal
Aviation Administration to issue, deny, modify, or revoke a
certificate, registration, approval, waiver, license,
exemption, determination, interpretation, or any other
authorizing action; or
``(ii) the lack of any action (or activity related to an
action) described in clause (i) necessary to be taken by the
Administrator.
``(B) Covered submission.--The term `covered submission'
means an inquiry or objection relating to--
``(i) an aircraft, aircraft engine, propeller, or appliance
certification;
``(ii) an airman or pilot certificate, including scheduling
an associated appointment with Administration personnel or
designees;
``(iii) a medical certificate;
``(iv) an operator certificate;
``(v) when authority under chapter 509 of title 51 is
explicitly delegated by the Secretary of Transportation to
the Administrator, a license or permit issued under chapter
509 of title 51;
``(vi) an aircraft registration;
``(vii) an operational approval, waiver, or exemption;
``(viii) a legal interpretation;
``(ix) an outstanding determination;
``(x) an application of agency guidance; and
``(xi) any certificate not otherwise described in this
subparagraph that is issued pursuant to chapter 447.''.
SEC. 131. PROJECT DASHBOARDS AND FEEDBACK PORTAL.
(a) In General.--The Ombudsman of the Federal Aviation
Administration shall, in reviewing Administration processes,
receiving, reviewing, and responding to covered submissions,
and through general due diligence, determine whether a
publicly facing dashboard that provides applicants with the
status of an application before the agency would be--
(1) beneficial to applicants;
(2) an efficient use of resources to build, maintain, and
update; or
(3) duplicative with other efforts within the
Administration to streamline and digitize paperwork and
certification processes to provide an applicant with a
greater awareness of the status of an application before the
Administration.
(b) Recommendation.--Not later than 30 months after the
date of enactment of this Act, the Ombudsman shall provide a
recommendation to the Administrator of the Federal Aviation
Administration regarding the need or benefits of a dashboard
or other means by which to track an application status.
(c) Briefing.--Not later than 45 days after receiving
recommendations under subsection (b), the Administrator shall
brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on--
(1) any recommendation received from the Ombudsman; and
(2) any activities the Administrator is taking in response
to such recommendation.
(d) FAA Feedback Portal.--
(1) In general.--The Ombudsman shall, through interacting
with the public and general due diligence, determine whether
a publicly facing portal on the website through which the
public may provide feedback to the Administrator about
experiences they have working with personnel of the
Administration would be beneficial.
(2) Requirements.--The Ombudsman shall ensure any portal
established under this subsection asks questions that seek to
gauge any shortcomings the Administration has in fulfilling
its mission or areas where the Administration is succeeding
in meetings its mission.
(e) Covered Submission.--In this section, the term
``covered submission'' has the meaning given the term in
subsection 106(i) of title 49, United States Code.
SEC. 132. SENSE OF CONGRESS ON FAA ENGAGEMENT DURING
RULEMAKING ACTIVITIES.
It is the sense of Congress that--
(1) the Administrator of the Federal Aviation
Administration should engage with aviation stakeholder groups
and the public during pre-drafting stages of rulemaking
activities and use, to the greatest extent practicable,
properly docketed ex-parte discussions during rulemaking
activities in order to--
(A) inform the work of the Administrator;
(B) assist the Administrator in developing the scope of a
rule; and
(C) reduce the timeline for issuance of proposed and final
rules; and
(2) when it would reduce the time required for the
Administrator to adjudicate public comments, the
Administrator should publicly provide information describing
the rationale behind a regulatory decision included in
proposed regulations in order to better allow for the public
to provide clear and informed comments on such regulations.
SEC. 133. CIVIL AEROMEDICAL INSTITUTE.
Section 106(j) of title 49, United States Code, is amended
by striking ``There is'' and inserting ``Civil Aeromedical
Institute.--There is''.
SEC. 134. MANAGEMENT ADVISORY COUNCIL.
Section 106 of title 49, United States Code, is further
amended--
(1) by transferring paragraph (8) of subsection (p) as
paragraph (7) of subsection (r); and
(2) by striking subsection (p) and inserting the following:
``(p) Management Advisory Council.--
``(1) Establishment.--The Administrator shall establish an
advisory council which shall be known as the Federal
Aerospace Management Advisory Council (in this subsection
referred to as the `Council').
``(2) Membership.--The Council shall consist of 13 members,
who shall consist of--
``(A) a designee of the Secretary of Transportation;
``(B) a designee of the Secretary of Defense;
``(C) 5 members representing aerospace and technology
interests, appointed by the Administrator;
``(D) 5 members representing aerospace and technology
interests, appointed by the Secretary of Transportation; and
``(E) 1 member, appointed by the Secretary of
Transportation, who is the head of a union representing air
traffic control system employees.
``(3) Qualifications.--No officer or employee of the United
States Government may be appointed to the Council under
subparagraph (C) or (D) of paragraph (2).
``(4) Functions.--
``(A) In general.--
``(i) Advise; counsel.--The Council shall provide advice
and counsel to the Administrator on issues which affect or
are affected by the activities of the Administrator.
``(ii) Resource.--The Council shall function as an
oversight resource for management, policy, spending, and
regulatory matters under the jurisdiction of the
Administrator.
``(iii) Submissions to administration.--With respect to
Administration management, policy, spending, funding, data
management and analysis, safety initiatives, international
agreements, activities of the International Civil Aviation
Organization, and regulatory matters affecting the aerospace
industry and the national airspace system, the Council may--
``(I) regardless of whether solicited by the Administrator,
submit comments, recommended modifications, proposals, and
supporting or dissenting views to the Administrator; and
``(II) request the Administrator include in any submission
to Congress, the Secretary, or the general public, and in any
submission for publication in the Federal Register, a
description of the comments, recommended modifications, and
dissenting or supporting views received from the Council
under subclause (I).
``(iv) Reasoning.--Together with a Council submission that
is published or described under clause (iii)(II), the
Administrator shall provide the reasons for any differences
between the views of the Council and the views or actions of
the Administrator.
``(v) Cost-benefit analysis.--The Council shall review the
rulemaking cost-benefit analysis process and develop
recommendations to improve the analysis and ensure that the
public interest is fully protected.
``(vi) Process review.--The Council shall review the
process through which the Administration determines to use
advisory circulars, service bulletins, and other externally
facing guidance and regulatory material.
``(B) Meetings.--The Council shall meet on a regular and
periodic basis or at the call of the chair or of the
Administrator.
[[Page H3726]]
``(C) Access to documents and staff.--The Administration
may give the Council appropriate access to relevant documents
and personnel of the Administration, and the Administrator
shall make available, consistent with the authority to
withhold commercial and other proprietary information under
section 552 of title 5 (commonly known as the `Freedom of
Information Act'), cost data associated with the acquisition
and operation of air traffic service systems.
``(D) Disclosure of commercial or proprietary data.--Any
member of the Council who receives commercial or other
proprietary data as provided for in this paragraph from the
Administrator shall be subject to the provisions of section
1905 of title 18, pertaining to unauthorized disclosure of
such information.
``(5) Application of chapter 10 of title 5.--Chapter 10 of
title 5 does not apply to--
``(A) the Council;
``(B) such aviation rulemaking committees as the
Administrator shall designate; or
``(C) such aerospace rulemaking committees as the Secretary
shall designate.
``(6) Administrative matters.--
``(A) Terms.--Members of the Council appointed under
paragraph (2)(C) shall be appointed for a term of 3 years.
``(B) Term for air traffic control representative.--The
member appointed under paragraph (2)(D) shall be appointed
for a term of 3 years, except that the term of such
individual shall end whenever the individual no longer meets
the requirements of paragraph (2)(D).
``(C) Vacancy.--Any vacancy on the Council shall be filled
in the same manner as the original appointment, except that
any member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed shall be appointed for the remainder of that term.
``(D) Continuation in office.--A member of the Council
whose term expires shall continue to serve until the date on
which the member's successor takes office.
``(E) Removal.--Any member of the Council appointed under
paragraph (2) may be removed for cause by whomever makes the
appointment.
``(F) Chair; vice chair.--The Council shall elect a chair
and a vice chair from among the members appointed under
subparagraphs (C) and (D) of paragraph (2), each of whom
shall serve for a term of 1 year. The vice chair shall
perform the duties of the chair in the absence of the chair.
``(G) Travel and per diem.--Each member of the Council
shall be paid actual travel expenses, and per diem in lieu of
subsistence expenses when away from the usual place of
residence of the member, in accordance with section 5703 of
title 5.
``(H) Detail of personnel from the administration.--The
Administrator shall make available to the Council such staff,
information, and administrative services and assistance as
may reasonably be required to enable the Council to carry out
its responsibilities under this subsection.''.
SEC. 135. AVIATION NOISE OFFICER.
(a) In General.--Section 106 of title 49, United States
Code, is further amended by striking subsection (q) and
inserting the following:
``(q) Aviation Noise Officer.--
``(1) In general.--The Administration has an Aviation Noise
Officer, who shall be appointed by the Administrator.
``(2) Regional officers.--The Aviation Noise Officer shall
designate, within each region of the Administration, a
Regional Aviation Noise Officer.
``(3) Duties.--The Aviation Noise Officer, in coordination
with the Regional Aviation Noise Officers, shall--
``(A) serve as a liaison with the public, including
community groups, on issues regarding aircraft noise;
``(B) make recommendations to the Administrator to address
concerns raised by the public in decision making processes;
and
``(C) be consulted when the Administration proposes changes
in aircraft routes so as to minimize any increases in
aircraft noise over populated areas.
``(4) Number of full-time equivalent employees.--The
appointment of an Aviation Noise Officer under this
subsection shall not result in an increase in the number of
full-time equivalent employees in the Administration.''.
(b) Conforming Amendments.--Section 180 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 106 note) and the
items relating to such section in the table of contents
contained in section 1(b) of that Act, are repealed.
SEC. 136. CHIEF OPERATING OFFICER.
Section 106(r) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Appointment.--There shall be a Chief Operating
Officer for the air traffic control system that is appointed
by the Administrator and subject to the authority of the
Administrator.''; and
(B) in subparagraph (E) by striking ``shall be appointed
for the remainder of that term'' and inserting ``may be
appointed for either the remainder of the term or for a full
term'';
(2) in paragraph (2) by striking ``, with the approval of
the Air Traffic Services Committee'';
(3) in paragraph (3)--
(A) by striking ``, in consultation with the Air Traffic
Services Committee,''; and
(B) by striking ``annual basis.'' and inserting-- ``annual
basis and shall include responsibility for--
``(A) the state of good repair of the air traffic control
system;
``(B) the continuous improvement of the safety and
efficiency of the air traffic control system; and
``(C) identifying services and solutions to increase the
safety and efficiency of airspace use and to support the safe
integration of all airspace users.'';
(4) in paragraph (4) by striking ``such information as may
be prescribed by the Secretary'' and inserting ``the annual
performance agreement required under paragraph (3), an
assessment of the performance of the Chief Operating Officer
in relation to the performance goals in the previous year's
performance agreement, and such other information as may be
prescribed by the Administrator''; and
(5) in paragraph (5)--
(A) by striking ``Chief Operating Officer, or any other
authority within the Administration responsibilities,
including'' and inserting ``Chief Operating Officer any
authority of the Administrator and shall delegate, at a
minimum'';
(B) in subparagraph (A)--
(i) in clause (iii) by striking ``and'' at the end;
(ii) in clause (iv) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(v) plans to integrate new entrant operations into the
national airspace system and associated action items.''; and
(C) in subparagraph (C)(ii) by striking ``and the
Committee''.
SEC. 137. REPORT ON UNFUNDED CAPITAL INVESTMENT NEEDS OF AIR
TRAFFIC CONTROL SYSTEM.
Section 106(r) of title 49, United States Code, is further
amended by adding at the end the following:
``(6) Unfunded capital investment needs report.--
``(A) In general.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1150 of title 31,
the Chief Operating Officer shall submit directly to the
Administrator, the Secretary, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate a report on any unfunded capital investment needs of
the air traffic control system.
``(B) Contents of report.--The report required under
subparagraph (A) shall include, for each unfunded capital
investment need, the following:
``(i) A summary description of such unfunded capital
investment need.
``(ii) Objective to be achieved if such unfunded capital
investment need is funded in whole or in part.
``(iii) The additional amount of funds recommended in
connection with such objective.
``(iv) The Budget Line Item Program and Budget Line Item
number associated with such unfunded capital investment need,
as applicable.
``(v) Any statutory requirement associated with such
unfunded capital investment need, as applicable.
``(C) Prioritization of requirements.--The report required
under subparagraph (A) shall present unfunded capital
investment needs in overall urgency of priority.
``(D) Definition of unfunded capital investment need.--In
this paragraph the term `unfunded capital investment need'
means a program that--
``(i) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31;
``(ii) is for infrastructure or a system related to
necessary modernization or sustainment of the air traffic
control system;
``(iii) is listed for any year in the most recent National
Airspace System Capital Investment Plan of the
Administration; and
``(iv) would have been recommended for funding through the
budget referred to in subparagraph (A) by the Chief Operating
Officer if--
``(I) additional resources had been available for the
budget to fund the program, activity, or mission requirement;
or
``(II) the program, activity, or mission requirement has
emerged since the budget was formulated.''.
SEC. 138. CHIEF TECHNOLOGY OFFICER.
Section 106(s) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``There shall be'' and
all that follows through the period at the end and inserting
``The Chief Technology Officer shall be appointed by the
Chief Operating Officer of the air traffic control system
with the consent of the Administrator.'';
(B) in subparagraph (B) by striking ``management'' and
inserting ``management, systems management,'';
(C) by striking subparagraph (D);
(D) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively; and
(E) by inserting before subparagraph (B), as so
redesignated, the following:
[[Page H3727]]
``(A) Establishment.--There shall be a Chief Technology
Officer for the air traffic control system that shall report
directly to the Chief Operating Officer of the air traffic
control system.'';
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``program''; and
(B) in subparagraph (F) by striking ``aircraft operators''
and inserting ``the Administration, aircraft operators, or
other private providers of information and services related
to air traffic management''; and
(3) in paragraph (3)--
(A) in subparagraph (A) by striking ``The Chief Technology
Officer shall be subject to the postemployment provisions of
section 207 of title 18 as if the position of Chief
Technology Officer were described in section 207(c)(2)(A)(i)
of that title.'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) Post-employment.--The Chief Technology Officer shall
be subject to the postemployment provisions of section 207 of
title 18 as if the position of Chief Technology Officer were
described in section 207(c)(2)(A)(i) of such title.''.
SEC. 139. DEFINITION OF AIR TRAFFIC CONTROL SYSTEM.
Section 40102(a)(47) of title 49, United States Code, is
amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) in subparagraph (D) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) systems, software, and hardware operated, owned, and
maintained by third parties that support or directly provide
air navigation information and air traffic management
services with Administration approval.''.
SEC. 140. PEER REVIEW OF OFFICE OF WHISTLEBLOWER PROTECTION
AND AVIATION SAFETY INVESTIGATIONS.
Section 106(t) of title 49, United States Code, is
amended--
(1) by striking paragraph (7);
(2) by inserting after paragraph (6) the following:
``(7) Department of transportation office of the inspector
general peer review.--
``(A) In general.--Not later than 2 years after the date of
enactment of the Securing Growth and Robust Leadership in
American Aviation Act, and every 5 years thereafter, the
inspector general of the Department of Transportation shall
perform a peer review of the Office of Whistleblower
Protection and Aviation Safety Investigations.
``(B) Peer review scope.--In completing the peer reviews
required under this paragraph, the inspector general shall
use the most recent peer review guides published by the
Council of the Inspectors General on Integrity and Efficiency
Audit Committee and Investigations Committee.
``(C) Reports to congress.--Not later than 90 days after
the completion of a peer review required under this
paragraph, the inspector general shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a description of any actions
taken or to be taken to address the results of the peer
review.''; and
(3) in paragraph (8)(B) by striking the comma.
SEC. 141. CYBERSECURITY LEAD.
(a) In General.--The Administrator of the Federal Aviation
Administration shall designate an executive of the
Administration to serve as the lead for the cybersecurity of
Administration systems and hardware (hereinafter referred to
as the ``Cybersecurity Lead'').
(b) Duties.--The Cybersecurity Lead shall carry out duties
and powers prescribed by the Administrator, including the
management of activities required under subtitle B of title
VI of the Securing Growth and Robust Leadership in American
Aviation Act.
(c) Briefing.--Not later than 1 and 3 years after the date
of enactment of this Act, the Cybersecurity Lead shall
provide a briefing to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the implementation of subtitle B of title VI of the
Securing Growth and Robust Leadership in American Aviation
Act.
SEC. 142. REDUCING FAA WASTE, INEFFICIENCY, AND UNNECESSARY
RESPONSIBILITIES.
(a) Annual Report on Aviation Activities.--Section 308 of
title 49, United States Code, is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) by redesignating subsection (e) as subsection (c).
(b) Annual Report on the Purchase of Foreign Manufactured
Articles.--Section 40110(d) of title 49, United States Code,
is amended by striking paragraph (5).
(c) Annual Report on Assistance to Foreign Aviation
Authorities.--Section 40113(e) of title 49, United States
Code, is amended--
(1) by striking paragraph (4); and
(2) by redesignating paragraph (5) as paragraph (4).
(d) AIP Annual Report.--Section 47131 of title 49, United
States Code, and the item relating to such section in the
analysis for chapter 471 of such title, are repealed.
(e) Transfer of Airport Land Use Compliance Report to
NPIAS.--Section 47103 of title 49, United States Code, is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Non-compliant Airports.--
``(1) In general.--The Secretary shall include in the plan
a detailed statement listing airports the Secretary has
reason to believe are not in compliance with grant assurances
or other requirements with respect to airport lands and shall
include--
``(A) the circumstances of noncompliance;
``(B) the timeline for corrective action with respect to
such noncompliance; and
``(C) any corrective action the Secretary intends to
require to bring the airport sponsor into compliance.
``(2) Listing.--The Secretary is not required to conduct an
audit or make a final determination before including an
airport on the list referred to in paragraph (1).''.
(f) Notice to Airport Sponsors Regarding Purchase of
American Made Equipment and Products.--Section 306 of the
Federal Aviation Administration Authorization Act of 1994 (49
U.S.C. 50101 note) is amended--
(1) in subsection (a) by striking ``(a)'' and all that
follows through ``It is the sense'' and inserting ``It is the
sense''; and
(2) by striking subsection (b).
(g) Obsolete Aviation Security Requirements.--Sections 302,
307, 309, and 310 of the Federal Aviation Reauthorization Act
of 1996 (Public Law 104-264), and the items relating to such
sections in the table of contents in section 1(b) of such
Act, are repealed.
(h) Regulation of Alaska Guide Pilots.--Section 732 of the
Wendell H. Ford Aviation Investment and Reform Act for the
21st Century (49 U.S.C. 44701 note) is amended--
(1) by striking subsection (b);
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b), as so redesignated--
(A) in the heading by striking ``Definitions'' and
inserting ``Definition of Alaska Guide Pilot''; and
(B) by striking ``, the following definitions apply'' and
all that follows through ``The term `Alaska guide pilot' ''
and inserting ``the term `Alaska guide pilot' ''.
(i) Next Generation Air Transportation Senior Policy
Committee.--Section 710 of the Vision 100-Century of Aviation
Reauthorization Act (49 U.S.C. 40101 note), and the item
relating to such section in the table of contents in section
1(b) of such Act, are repealed.
(j) Improved Pilot Licenses and Pilot License Rulemaking.--
(1) Intelligence reform and terrorism prevention act.--
Section 4022 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (49 U.S.C. 44703 note), and the item
relating to such section in the table of contents in section
1(b) of such Act, are repealed.
(2) FAA modernization and reform act of 2012.--Section 321
of the FAA Modernization and Reform Act of 2012 (49 U.S.C.
44703 note), and the item relating to such section in the
table of contents in section 1(b) of such Act, are repealed.
(k) Technical Training and Staffing Study.--Section 605 of
the FAA Modernization and Reform Act of 2012 (Public Law 112-
95) is amended--
(1) by striking subsection (a);
(2) in subsection (b)--
(A) by striking ``(b) Workload of Systems Specialists.--'';
and
(B) by redesignating paragraphs (1) through (3) as
subsections (a) through (c) (and adjust the margins
appropriately); and
(3) in subsection (c) (as so redesignated) by striking
``paragraph (1)'' and inserting ``subsection (a)''.
(l) Ferry Flight Duty Period and Flight Time Rulemakings.--
Section 345 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 44701 note), and the item relating to such section
in the table of contents in section 1(b) of such Act, are
repealed.
(m) Laser Pointer Incident Reports.--Section 2104 of FAA
Extension, Safety, and Security Act of 2016 (49 U.S.C. 46301
note) is amended--
(1) in subsection (a) by striking ``quarterly'' and
inserting ``annually''; and
(2) by adding at the end the following:
``(c) Report Sunset.--Subsection (a) shall cease to be
effective after September 30, 2028.''.
(n) Cold Weather Projects Briefing.--Section 156 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 47112 note) is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
TITLE II--GENERAL AVIATION
Subtitle A--Expanding Pilot Privileges and Protections
SEC. 201. REEXAMINATION OF PILOTS OR CERTIFICATE HOLDERS.
The Pilot's Bill of Rights (49 U.S.C. 44703 note) is
amended by adding at the end the following:
``SEC. 5. REEXAMINATION OF AN AIRMAN CERTIFICATE.
``(a) In General.--The Administrator shall provide timely,
written notification to an individual subject to a
reexamination of an airman certificate issued under chapter
447 of title 49, United States Code.
``(b) Information Required.--In providing notification
under subsection (a), the Administrator shall inform the
individual--
``(1) of the nature of the reexamination and the specific
activity on which the reexamination is necessitated;
[[Page H3728]]
``(2) that the reexamination shall occur within 1 year from
the date of the notice provided by the Administrator, after
which, if the reexamination is not conducted, the airman
certificate may be suspended or revoked; and
``(3) when, as determined by the Administrator, an oral or
written response to the notification from the Administrator
is not required.
``(c) Exception.--Nothing in this section prohibits the
Administrator from reexamining a certificate holder if the
Administrator has reasonable grounds--
``(1) to establish that an airman may not be qualified to
exercise the privileges of a certificate or rating based upon
an act or omission committed by the airman while exercising
such privileges or performing ancillary duties associated
with the exercise of such privileges; or
``(2) to demonstrate that the airman obtained such a
certificate or rating through fraudulent means or through an
examination that was substantially and inadequate to
establish the qualifications of an airman.
``(d) Standard of Review.--An order issued by the
Administrator to amend, modify, suspend, or revoke an airman
certificate after reexamination of the airman is subject to
the standard of review provided for under section 2 of this
Act.''.
SEC. 202. GAO REVIEW OF PILOT'S BILL OF RIGHTS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a study of the implementation of the Pilot's Bill of
Rights (49 U.S.C. 44703 note).
(b) Contents.--In conducting the study under subsection
(a), the Comptroller General shall review--
(1) the implementation and application of the Pilot's Bill
of Rights (49 U.S.C. 44703 note);
(2) the application of the Federal Rules of Civil Procedure
and the Federal Rules of Evidence to covered proceedings by
the National Transportation Safety Board, as required by
section 2 of the Pilot's Bill of Rights (49 U.S.C. 44703
note);
(3) the appeal process and the typical length of time
associated with a final determination in a covered
proceeding; and
(4) any impacts of the implementation of the Pilot's Bill
of Rights (49 U.S.C. 44703 note).
(c) Covered Proceedings.--In this section, the term
``covered proceeding'' means a proceeding conducted under
subpart C, D, or F of part 821 of title 49, Code of Federal
Regulations, relating to denial, amendment, modification,
suspension, or revocation of an airman certificate.
SEC. 203. EXPANSION OF BASICMED.
(a) In General.--Section 2307 of the FAA Extension, Safety,
and Security Act of 2016 (49 U.S.C. 44703 note) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2) the individual holds a medical certificate issued by
the Federal Aviation Administration or has held such a
certificate at any time after July 14, 2006;'';
(B) in paragraph (7) by inserting ``calendar'' before
``months''; and
(C) in paragraph (8)(A) by striking ``5'' and inserting
``6'';
(2) in subsection (b)(2)(A)(i) by inserting ``(or any
successor form)'' after ``(3-99)'';
(3) by striking subsection (h) and inserting the following:
``(h) Report Required.--Not later than 4 years after the
date of enactment of the Securing Growth and Robust
Leadership in American Aviation Act, the Administrator, in
coordination with the National Transportation Safety Board,
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that describes the effect of the regulations
issued or revised under subsection (a) and includes
statistics with respect to changes in small aircraft activity
and safety incidents.''; and
(4) in subsection (j)--
(A) in paragraph (1) by striking ``6'' and inserting ``7'';
and
(B) in paragraph (2) by striking ``6,000'' and inserting
``12,500''.
(b) Rulemaking.--The Administrator of the Federal Aviation
Administration shall update regulations in parts 61 and 68 of
title 14, Code of Federal Regulations, as necessary, to
implement the amendments made by this section.
(c) Applicability.--Beginning on the date that is 120 days
after the date of enactment of this Act, the Administrator
shall apply part 68, Code of Federal Regulations, in a manner
reflecting the amendments made by this section.
SEC. 204. DATA PRIVACY.
(a) In General.--Chapter 441 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 44114. Privacy
``(a) In General.--Notwithstanding any other provision of
law, the Administrator of the Federal Aviation Administration
shall establish and continuously improve a process by which,
upon request of a private aircraft owner or operator, the
Administrator blocks the registration number and other
similar identifiable data or information, except for physical
markings required by law, of the aircraft of the owner or
operator from any public dissemination or display (except in
furnished data or information made available to or from a
Government agency pursuant to a government contract,
subcontract, or agreement) for the noncommercial flights of
the owner or operator.
``(b) Withholding Personally Identifiable Information on
Aircraft Registry.--Not later than 1 year after the date of
enactment of this section and notwithstanding any other
provision of law, the Administrator shall establish a
procedure by which, upon request of a private aircraft owner
or operator, the Administrator shall withhold from public
disclosure (except in furnished data or information made
available to or from a Government agency pursuant to a
government contract, subcontract, or agreement) the
personally identifiable information of such individual on the
Civil Aviation Registry website.
``(c) ICAO Aircraft Identification Code.--
``(1) In general.--The Administrator shall establish a
program for aircraft owners and operators to apply for a new
ICAO aircraft identification code.
``(2) Limitations.--In carrying out the program described
in paragraph (1), the Administrator shall require--
``(A) each applicant to substantiate the safety or security
need in applying for a new ICAO aircraft identification code;
and
``(B) each approved applicant who obtains a new ICAO
aircraft identification code to comply with all applicable
aspects of, or related to, part 45 of title 14, Code of
Federal Regulations, including updating an aircraft's
registration number and N-Number to reflect such aircraft's
new ICAO aircraft identification code.
``(d) Decoupling Mode S Codes.--The Administrator shall
develop a plan for which the Administrator could allow for a
process to disassociate an assigned Mode S code with the
number assigned to an aircraft that is registered pursuant to
section 44103.
``(e) Definitions.--In this section:
``(1) ADS-B.--The term `ADS-B' means automatic dependent
surveillance-broadcast.
``(2) ICAO.--The term `ICAO' means the International Civil
Aviation Organization.
``(3) Personally identifiable information.--The term
`personally identifiable information' means--
``(A) the mailing address or registration address of an
individual;
``(B) an electronic address (including an e-mail address)
of an individual; or
``(C) the telephone number of an individual.''.
(b) Study on Encrypting ADS-B.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to enter into an agreement
with a qualified organization to conduct a study assessing
the technical challenges, impact to international aviation
operations, benefits, and costs of encrypting ADS-B signals
to provide for a safer and more secure environment for
national airspace system users.
(2) Consultation.--In carrying out the study under
paragraph (1), a qualified organization shall consult with
representatives of--
(A) air carriers;
(B) collective bargaining representatives of the Federal
Aviation Administration aeronautical information specialists;
(C) original equipment manufacturers of ADS-B equipment;
(D) general aviation;
(E) business aviation; and
(F) aviation safety experts with specific knowledge of
aircraft cybersecurity.
(3) Considerations.--In carrying out the study under
paragraph (1), a qualified organization shall consider--
(A) the technical requirements for encrypting ADS-B signals
for both the 978 Mhz and 1090 Mhz frequencies;
(B) the advantages of encrypting ADS-B signals for both the
978 Mhz and 1090 Mhz frequencies, including those related to
cybersecurity protections, safety, and privacy of national
airspace system users;
(C) the disadvantages of encrypting ADS-B signals for both
the 978 Mhz and 1090 Mhz frequencies, including those related
to cybersecurity protections, safety, and privacy of national
airspace system users;
(D) the challenges of encrypting ADS-B signals for both the
978 Mhz and 1090 Mhz frequencies, including coordination
considerations with the International Civil Aviation
Organization and foreign civil aviation authorities;
(E) potential new aircraft equipage requirements and
estimated costs;
(F) the impact to nongovernmental third-party users of ADS-
B data;
(G) the estimated costs to--
(i) the Federal Aviation Administration;
(ii) aircraft owners required to equip with ADS-B equipment
for aviation operations; and
(iii) other relevant persons the Administrator determines
necessary; and
(H) the impact to national airspace system operations
during implementation and post-implementation.
(4) Report.--In any agreement entered into under paragraph
(1), the Administrator shall ensure that, not later than 1
year after the completion of the study required under
paragraph (1), the qualified organization that has entered
into such agreement shall submit to the Administrator, the
Committee on
[[Page H3729]]
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study described in paragraph (1), including the findings and
recommendations related to each item specified under
paragraph (3).
(5) Definition of qualified organization.--In this
subsection, the term ``qualified organization'' means an
independent nonprofit organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code.
(c) Clerical Amendment.--The analysis for chapter 441 of
title 49, United States Code, is amended by adding at the end
the following:
``44114. Privacy.''.
(d) Conforming Amendment.--Section 566 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44103 note) and the
item relating to such section in the table of contents under
section 1(b) of that Act are repealed.
SEC. 205. PROHIBITION ON USING ADS-B DATA TO INITIATE AN
INVESTIGATION.
Section 46101 of title 49, United States Code, is amended
by adding at the end the following:
``(c) Prohibition on Using ADS-B Data to Initiate an
Investigation.--
``(1) In general.--Notwithstanding any provision of this
section, the Administrator of the Federal Aviation
Administration may not initiate an investigation (excluding a
criminal investigation) of a person based exclusively on
automatic dependent surveillance-broadcast data.
``(2) Rule of construction.--Nothing in this subsection
shall prohibit the use of automatic dependent surveillance-
broadcast data in an investigation that was initiated for any
reason other than the review of automatic dependent
surveillance-broadcast data, including if such investigation
was initiated as a result of a report or complaint submitted
to the Administrator.''.
SEC. 206. PROHIBITION ON N-NUMBER PROFITEERING.
Section 44103 of title 49, United States Code, is amended
by adding at the end the following:
``(e) Prohibition on N-Number Profiteering.--
``(1) In general.--No person may reserve an aircraft
registration number without certifying that such person
intends to use such registration number--
``(A) immediately on a specific aircraft; or
``(B) for future use on an aircraft owned or controlled, or
intended to be owned or controlled, by such person.
``(2) Transfers.--A person may transfer a reserved aircraft
registration number to another person if--
``(A) the transferor certifies that the aircraft
registration number is relinquished willingly and at a cost
to the transferee that does not otherwise exceed the amount
paid by the transferor to reserve such number; and
``(B) the transferee--
``(i) certifies that the transferor did not impose a dollar
cost on the transfer that exceeds the amount provided for in
subparagraph (A); and
``(ii) complies with the certification requirement under
paragraph (1).''.
SEC. 207. ACCOUNTABILITY FOR AIRCRAFT REGISTRATION NUMBERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a review of the
process for reserving aircraft registration numbers to ensure
that such process offers an equal opportunity for members of
the general public to obtain specific aircraft registration
numbers.
(b) Assessment.--In conducting the review under subsection
(a), the Administrator shall assess the following:
(1) Whether the use of readily available software to
prevent computer or web-based auto-fill systems from
reserving aircraft registration numbers in bulk would improve
participation in the reservation process by the general
public.
(2) Whether a limit should be imposed on the number of
consecutive years a person may reserve an aircraft
registration number.
(3) The impact of the prohibition imposed by section
44103(e) of title 49, United States Code.
(c) Briefing.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the review conducted
under subsection (a), including any recommendations of the
Administrator to improve equal participation in the process
for reserving aircraft registration numbers by the general
public.
SEC. 208. TIMELY RESOLUTION OF INVESTIGATIONS.
(a) In General.--Not later than 2 years after the date of
issuance of a letter of investigation to any person, the
Administrator of the Federal Aviation Administration shall--
(1) make a determination regarding such investigation and
pursue subsequent action; or
(2) close such investigation.
(b) Extension.--
(1) In general.--If, upon review of the facts and status of
an investigation described in subsection (a), the
Administrator determines that the time provided to make a
final determination or close such investigation is
insufficient, the Administrator may approve an extension of
such investigation for 2 years.
(2) Additional extensions.--The Administrator may approve
consecutive extensions under paragraph (1).
(c) Delegation.--The Administrator may not delegate the
authority to approve an extension described in subsection (b)
to anyone other than the leadership of the Administration as
described in section 106(b) of title 49, United States Code.
SEC. 209. EXPANSION OF VOLUNTEER PILOT ORGANIZATION
DEFINITION.
Section 821 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note) is amended--
(1) in subsection (a)--
(A) by striking ``for the fuel costs associated with'' and
inserting ``for the fuel costs and airport fees attributed
to''; and
(B) by striking ``for an individual or organ for medical
purposes (and for other associated individuals)'' and
inserting ``for the purposes described in subsection
(c)(2)''; and
(2) in subsection (c)(2) by striking ``charitable medical
transportation.'' and inserting the following: ``charitable
transportation for the following purposes:
``(A) Assisting individuals in accessing medical care or
treatment (and for other associated individuals).
``(B) Delivering human blood, tissues, or organs.
``(C) Aiding disaster relief efforts pursuant to a--
``(i) presidential declaration of a major disaster or an
emergency under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
``(ii) declaration of a major disaster or an emergency by a
Governor of a State.''.
SEC. 210. CHARITABLE FLIGHT FUEL REIMBURSEMENT EXEMPTIONS.
(a) In General.--
(1) Validity of exemption.--Except as otherwise provided in
this subsection, an exemption from section 61.113(c) of title
14, Code of Federal Regulations, that is granted by the
Administrator of the Federal Aviation Administration for the
purpose of allowing a volunteer pilot to accept reimbursement
from a volunteer pilot organization for the fuel costs and
airport fees attributed to a flight operation to provide
charitable transportation pursuant to section 821 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
shall be valid for 5 years.
(2) Failing to adhere.--If the Administrator finds an
exemption holder under paragraph (1) or a volunteer pilot
fails to adhere to the conditions and limitations of the
exemption described under such paragraph, the Administrator
may rescind or suspend the exemption.
(3) No longer qualifying.--If the Administrator finds that
such exemption holder no longer qualifies as a volunteer
pilot organization, the Administrator shall rescind such
exemption.
(4) Forgoing exemption.--If such exemption holder informs
the Administrator that such holder no longer plans to
exercise the authority granted by such exemption, the
Administrator may rescind such exemption.
(b) Additional Requirements.--
(1) In general.--A volunteer pilot organization may impose
additional safety requirements on a volunteer pilot without--
(A) being considered--
(i) an air carrier (as such term is defined in section
40102 of title 49, United States Code); or
(ii) a commercial operator (as such term is defined in
section 1.1 of title 14, Code of Federal Regulations); or
(B) constituting common carriage.
(2) Savings clause.--Nothing in this subsection may be
construed to limit or otherwise affect the authority of the
Administrator to regulate, as appropriate, a flight operation
associated with a volunteer pilot organization that
constitutes a commercial operation or common carriage.
(c) Reissuance of Existing Exemptions.--In reissuing an
expiring exemption described in subsection (a) that was
originally issued prior to the date of enactment of this Act,
the Administrator shall ensure that the reissued exemption--
(1) accounts for the provisions of this section and section
821 of the FAA Modernization and Reform Act of 2012 (49
U.S.C. 40101 note), as amended by this Act; and
(2) is otherwise substantially similar to the previously
issued exemption.
(d) Statutory Construction.--Nothing in this section shall
be construed to--
(1) affect the authority of the Administrator to exempt a
pilot (exercising the private pilot privileges) from any
restriction on receiving reimbursement for the fuel costs and
airport fees attributed to a flight operation to provide
charitable transportation; or
(2) impose or authorize the imposition of any additional
requirements by the Administrator on a flight that is
arranged by a volunteer pilot organization in which the
volunteer pilot--
(A) is not reimbursed the fuel costs and airport fees
attributed to a flight operation to provide charitable
flights; or
(B) pays a pro rata share of expenses as described in
section 61.113(c) of title 14, Code of Federal Regulations.
(e) Definitions.--In this section:
(1) Volunteer pilot.--The term ``volunteer pilot'' means a
person who--
(A) acts as a pilot in command of a flight operation to
provide charitable transportation pursuant to section 821 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note); and
(B) holds a private pilot certificate, commercial pilot
certificate, or an airline transportation pilot certificate
issued under part 61 of title 14, Code of Federal
Regulations.
(2) Volunteer pilot organization.--The term ``volunteer
pilot organization'' has the meaning given such term in
section 821(c) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note).
SEC. 211. GAO REPORT ON CHARITABLE FLIGHTS.
(a) Report.--Not later than 4 years after the date of
enactment of this Act, the Comptroller
[[Page H3730]]
General of the United States shall initiate a review of the
following:
(1) Applicable laws, regulations, policies, legal opinions,
and guidance pertaining to charitable flights and the
operations of such flights, including reimbursement of fuel
costs.
(2) Petitions for exemption from the requirements of
section 61.113(c) of title 14, Code of Federal Regulations,
for the purpose of allowing a pilot to accept reimbursement
for the fuel costs associated with a flight operation to
provide charitable transportation pursuant to section 821 of
the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101
note), as amended by this Act, including assessment of--
(A) the conditions and limitations a petitioner must comply
with if the exemption is granted and whether such conditions
and limitations are--
(i) applied to petitioners in a consistent manner; and
(ii) commensurate with the types of flight operations
exemption holders propose to conduct under any such
exemptions;
(B) denied petitions for such an exemption and the reasons
for the denial of such petitions; and
(C) the processing time of a petition for such an
exemption.
(3) Charitable flights conducted without an exemption from
section 61.113(c) of title 14, Code of Federal Regulations,
including an analysis of the certificates, qualifications,
and aeronautical experience of the operators of such flights.
(b) Consultation.--In carrying out the review initiated
under subsection (a), the Comptroller General shall consult
with charitable organizations, including volunteer pilot
organizations, aircraft owners, and pilots who volunteer to
provide transportation for or on behalf of a charitable
organization, flight safety experts, and employees of the
Federal Aviation Administration.
(c) Recommendations.--As part of the review initiated under
subsection (a), the Comptroller General shall make
recommendations, as determined appropriate, to the
Administrator of the Federal Aviation Administration to
improve the rules, policies, and guidance pertaining to
charitable flight operations.
(d) Report.--Upon completion of the review initiated under
subsection (a), the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing the
findings of such review and recommendations developed under
subsection (c).
SEC. 212. ALL MAKES AND MODELS AUTHORIZATION.
(a) In General.--
(1) Unlimited letter of authorization.--Not later than 180
days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
take such action as may be necessary to allow for the
issuance of letters of authorizations to airmen with the
authorization for--
(A) all types and makes of experimental high-performance
single engine piston powered aircraft; and
(B) all types and makes of experimental high-performance
multiengine piston powered aircraft.
(2) Requirements.--An individual who holds a letter of
authorization and applies for an authorization described in
paragraph (1)(A) or (1)(B)--
(A) shall be given an all-makes and models authorization
of--
(i) experimental single-engine piston powered authorized
aircraft; or
(ii) experimental multiengine piston powered authorized
aircraft;
(B) shall hold the appropriate category and class rating
for the authorized aircraft;
(C) shall hold 3 experimental aircraft authorizations in
aircraft of the same category and class rating for the
authorization sought; and
(D) may become qualified in additional experimental
aircraft by completing aircraft specific training.
(b) Rule of Construction.--Nothing in this section may be
construed to disallow an individual from being given both an
authorization described in paragraph (1)(A) and an
authorization described in paragraph (1)(B).
(c) Failure to Comply.--
(1) In general.--If the Administrator fails to implement
subsection (a) within the time period prescribed in such
subsection, the Administrator shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of the
implementation of such subsection on a monthly basis until
the implementation is complete.
(2) No delegation.--The Administrator may not delegate the
briefing described in paragraph (1).
SEC. 213. RESPONSE TO LETTER OF INVESTIGATION.
Section 2(b) of the Pilot's Bill of Rights (49 U.S.C.
44703 note) is amended by adding at the end the following:
``(6) Response to letter of investigation.--If an
individual decides to respond to a Letter of Investigation
described in paragraph (2)(B) such individual may respond not
later than 30 days after receipt of such Letter, including
providing written comments on the incident to the
investigating office.''.
Subtitle B--General Aviation Safety
SEC. 221. ADS-B SAFETY ENHANCEMENT INCENTIVE PROGRAM.
(a) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a program to provide
rebates to owners of covered general aviation aircraft for
the purchase of covered ADS-B equipment.
(b) Application.--To be eligible to receive a rebate under
this section, an owner of a covered general aviation aircraft
shall submit to the Administrator an application in such
form, at such time, and containing such information as the
Administrator may require, including proof of successful
installation of covered ADS-B equipment.
(c) Authorized Rebate.--
(1) Amount.--A rebate approved by the Administrator to be
issued to an owner of a covered general aviation aircraft
shall be equal to the lesser of--
(A) the cost of purchasing the covered ADS-B equipment; or
(B) $2,000.
(2) Time.--A rebate issued under the program under this
section shall be redeemed or presented for payment not later
than 180 days after issuance, after which time the rebate
shall be deemed void.
(d) Sunset.--The program established under subsection (a)
shall terminate on October 1, 2027.
(e) Restriction.--The Administrator may not offer rebates
for--
(1) a software upgrade for covered ADS-B equipment;
(2) covered ADS-B equipment installed prior to the date of
enactment of this Act;
(3) covered general aviation aircraft manufactured after
January 1, 2020; or
(4) covered general aviation aircraft for which the
Administrator has previously issued a rebate related to the
purchase and installation of covered ADS-B equipment.
(f) Definitions.--In this section:
(1) ADS-B.--The term ``ADS-B'' means automatic dependent
surveillance-broadcast.
(2) Covered ads-b equipment.--The term ``covered ADS-B
equipment'' means ADS-B equipment that--
(A) meets the performance requirements described in section
91.227 of title 14, Code of Federal Regulations (or any
successor regulation); and
(B) is capable of receiving and displaying ADS-B
information from other aircraft.
(3) Covered general aviation aircraft.--The term ``covered
general aviation aircraft'' means a single-engine piston
aircraft registered in the United States that is not equipped
with covered ADS-B equipment.
(g) Authorization of Appropriations.--Out of amounts made
available under section 106(k) of title 49, United States
Code, there is authorized to be expended to carry out this
section and pay administrative costs $25,000,000 for fiscal
year 2024 to remain available until expended.
SEC. 222. GAO REPORT ON ADS-B TECHNOLOGY.
(a) In General.--The Comptroller General of the United
States shall conduct a study on automatic dependent
surveillance-broadcast equipage and usage rates across the
active general aviation fleet in the United States.
(b) Contents.--In conducting the study described in
subsection (a), the Comptroller General shall, at a minimum--
(1) analyze the reasons why aircraft owners choose not to
equip or use an aircraft with automatic dependent
surveillance-broadcast technology;
(2) examine and substantiate any benefits and drawbacks of
using automatic dependent surveillance-broadcast technology,
including safety and operational benefits and drawbacks;
(3) survey ways to further incentivize aircraft owners to
equip and use aircraft with automatic dependent surveillance-
broadcast technology; and
(4) examine the benefits, costs, and feasibility of
requiring equipage of automatic dependent surveillance-
broadcast technology on all newly manufactured aircraft other
than aircraft issued a special airworthiness certificate.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
automatic dependent surveillance-broadcast described in
subsection (b) and make recommendations to incentivize
equipage and usage rates across the active general aviation
fleet in the United States.
SEC. 223. PROTECTING GENERAL AVIATION AIRPORTS FROM FAA
CLOSURE.
(a) Non-surplus Property.--Section 47125 of title 49,
United States Code, is amended by adding at the end the
following:
``(c) Waiving Restrictions.--
``(1) In general.--Subject to paragraph (2), the Secretary
may grant to an airport, city, or county a waiver of any of
the terms, conditions, reservations, or restrictions
contained in a deed under which the United States conveyed to
the airport, city, or county an interest in real property for
airport purposes pursuant to section 16 of the Federal
Airport Act (60 Stat. 179), section 23 of the Airport and
Airway Development Act of 1970 (84 Stat. 232), or this
section.
``(2) Conditions.--Any waiver granted by the Secretary
pursuant to paragraph (1) shall be subject to the following
conditions:
``(A) The applicable airport, city, county, or other
political subdivision shall agree that in conveying any
interest in the real property which the United States
conveyed to the airport, city, or county, the airport, city,
or county will receive consideration for such interest that
is equal to its current fair market value.
``(B) Any consideration received by the airport, city, or
county under subparagraph (A) shall be used exclusively for
the development, improvement, operation, or maintenance of a
public airport by the airport, city, or county.
``(C) Such waiver--
``(i) will not significantly impair the aeronautical
purpose of an airport;
``(ii) will not result in the permanent closure of an
airport (unless the Secretary determines
[[Page H3731]]
that the waiver will directly facilitate the construction of
a replacement airport); or
``(iii) is necessary to protect or advance the civil
aviation interests of the United States.
``(D) Any other conditions required by the Secretary.
``(3) Annual reporting.--The Secretary shall include a list
and description of each waiver granted pursuant to paragraph
(1) in the report required under section 47131.''.
(b) Surplus Property.--
(1) In general.--Section 47151 of title 49, United States
Code, is amended--
(A) by striking subsection (d) and inserting the following:
``(d) Waiver of Condition.--The Secretary may not waive any
condition imposed on an interest in surplus property conveyed
under subsection (a) that such interest be used for an
aeronautical purpose unless the Secretary provides public
notice not less than 30 days before the issuance of such
waiver and determines that such waiver--
``(1) will not significantly impair the aeronautical
purpose of an airport;
``(2) will not result in the permanent closure of an
airport (unless the Secretary determines that the waiver will
directly facilitate the construction of a replacement
airport); or
``(3) is necessary to protect or advance the civil aviation
interests of the United States.''; and
(B) by adding at the end the following:
``(f) Reversions of Property.--The Secretary shall take all
necessary action to revert surplus property conveyed under
this subchapter back to the United States if--
``(1) the Secretary determines that an instrument conveying
an interest in surplus property under this subchapter
incorporates a provision providing for the reversion of such
property in the event the property is not used for
aeronautical purposes;
``(2) other efforts by the Secretary to ensure that the
property is used by the relevant airport sponsor is used for
aeronautical purposes are unsuccessful; and
``(3) the Secretary determines that a reversion--
``(A) will result in the property being used for
aeronautical purposes; or
``(B) will not transfer liabilities, including
environmental liabilities, greater than the fair market value
of the property to the Government.''; and
(2) Waiving and adding terms.--Section 47153(c) of title
49, United States Code, is amended to read as follows:
``(c) Restrictions on Waiver.--Notwithstanding subsections
(a) and (b), the Secretary may not waive any term under this
section that an interest in land be used for an aeronautical
purpose unless--
``(1) the Secretary provides public notice not less than 30
days before the issuance of a waiver; and
``(2) the Secretary determines that such waiver--
``(A) will not significantly impair the aeronautical
purpose of an airport;
``(B) will not result in the permanent closure of an
airport (unless the Secretary determines that the waiver will
directly facilitate the construction of a replacement
airport); or
``(C) is necessary to protect or advance the civil aviation
interests of the United States.''.
(c) Repeals.--
(1) Airports near closed or realigned bases.--Section 1203
of the Federal Aviation Reauthorization Act of 1996 (49
U.S.C. 47101 note), and the item relating to such section in
the table of contents under section 1(b) of such Act, are
repealed.
(2) Release from restrictions.--Section 817 of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 47125 note),
and the item relating to such section in the table of
contents under section 1(b) of such Act, are repealed.
SEC. 224. ENSURING SAFE LANDINGS DURING OFF-AIRPORT
OPERATIONS.
The Administrator of the Federal Aviation Administration
shall not apply section 91.119 of title 14, Code of Federal
Regulations, in any manner that requires a pilot to continue
a landing that is unsafe.
SEC. 225. AIRPORT DIAGRAM TERMINOLOGY.
(a) In General.--The Administrator of the Federal Aviation
Administration shall update Airport Diagram Order JO 7910.4
and any related advisory circulars, policy, and guidance to
ensure the clear and consistent use of terms to delineate the
types of parking available to general aviation pilots.
(b) Collaboration.--In carrying out subsection (a), the
Administrator shall collaborate with industry stakeholders,
commercial service airports, and general aviation airports
in--
(1) facilitating basic standardization of general aviation
parking terms;
(2) accounting for the majority of uses of general aviation
parking terms; and
(3) providing clarity for chart users.
(c) IAC Specifications.--The Administrator shall encourage
the Interagency Air Committee to incorporate the terms
developed under subsection (a) in publications produced by
the Committee.
SEC. 226. ALTERNATIVE ADS-B TECHNOLOGIES FOR USE IN CERTAIN
SMALL AIRCRAFT.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall publish an approved list of
effective alternatives to automatic dependent surveillance-
broadcast equipment (in this section referred to as
``alternative ADS-B equipment'') for covered aircraft
operating outside of Mode C veil airspace so that such
aircraft may voluntarily broadcast positioning to other
aircraft.
(b) Review; Approval.--
(1) Review.--In carrying out subsection (a), the
Administrator shall, to the maximum extent practicable,
review available commercial-off-the-shelf alternative ADS-B
equipment that are used outside of the United States for
purposes of allowing a pilot to voluntarily utilize such
equipment while operating outside of Mode C veil airspace and
within the national airspace system.
(2) Approval.--The Administrator shall work with
manufacturers of such equipment to expedite technical
standard order authorization, or other approvals, required by
the Administrator for such equipment for use in covered
aircraft.
(c) Definitions.--In this section:
(1) Alternative ads-b equipment.--The term ``alternative
ADS-B equipment'' means a positioning technology that--
(A) does not otherwise meet the performance requirements
prescribed in section 91.227 of title 14, Code of Federal
Regulations;
(B) may be affixed to, or portable within, a covered
aircraft; and
(C) can broadcast positioning of a covered aircraft to
other aircraft operating outside of Mode C veil airspace.
(2) Covered aircraft.--The term ``covered aircraft''
means--
(A) a single-engine piston aircraft;
(B) an ultralight aircraft; or
(C) an aircraft not equipped with an electrical system.
(d) Rule of Construction.--Nothing in this section may be
construed by the Administrator to require covered aircraft to
install--
(1) alternative ADS-B equipment; or
(2) automatic dependent surveillance-broadcast equipment.
SEC. 227. AIRSHOW SAFETY TEAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall coordinate with the General
Aviation Joint Safety Committee to establish an Airshow
Safety Team focused on airshow and aerial event safety.
(b) Objective.--The objective of the Airshow Safety Team
described in subsection (a) shall be to--
(1) serve as a mechanism for Federal Government and
industry cooperation, communication, and coordination on
airshow and aerial event safety; and
(2) reduce airshow and aerial event accidents and incidents
through non-regulatory, proactive safety strategies.
(c) Activities.--In carrying out the objectives pursuant to
subsection (b), the Airshow Safety Team shall, at a minimum--
(1) perform an analysis of airshow and aerial event
accidents and incidents in conjunction with the Safety
Analysis Team;
(2) publish and update every 2 years after initial
publication an Airshow Safety Plan that incorporates
consensus based and data driven mitigation measures and non-
regulatory safety strategies to improve and promote safety of
the public, performers, and airport personnel; and
(3) engage the airshow and aerial event community to--
(A) communicate non-regulatory, proactive safety strategies
identified by the Airshow Safety Plan to mitigate incidents;
and
(B) discuss best practices to uphold and maintain safety at
events.
(d) Membership.--The Administrator may request the Airshow
Safety Team be comprised of at least 10 individuals, each of
whom shall have knowledge or a background in the planning,
execution, operation, or management of an airshow or aerial
event.
(e) Meetings.--The Airshow Safety Team shall meet at least
twice a year at the direction of the co-chairs of the General
Aviation Joint Safety Committee.
(f) Construction.--The Administrator shall not initiate a
regulatory action based on any--
(1) discussion or sharing of information and data that
occurs as part of an official meeting of the Airshow Safety
Team; or
(2) safety strategies or best practices identified by the
Airshow Safety Plan that are not intended to be used by the
Administrator for regulatory purposes.
SEC. 228. TOWER MARKING NOTICE OF PROPOSED RULEMAKING.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a notice of proposed
rulemaking to implement section 2110 of the FAA Extension,
Safety, and Security Act of 2016 (49 U.S.C. 44718 note).
(b) Report.--If the Administrator fails to issue the notice
of proposed rulemaking pursuant to subsection (a), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate an annual report on the status of such rulemaking,
including--
(1) the reasons that the Administrator has failed to issue
the rulemaking; and
(2) a list of fatal aircraft accidents associated with
unmarked towers that have occurred over the 5 years previous
to the date of submission of the report.
Subtitle C--Improving FAA Services
SEC. 241. AIRCRAFT REGISTRATION VALIDITY DURING RENEWAL.
(a) In General.--Section 44103 of title 49, United States
Code, is further amended by adding at the end the following:
``(f) Validity of Aircraft Registration During Renewal.--
``(1) In general.--An aircraft may be operated on or after
the expiration date found on the certificate of registration
issued for such aircraft under this section as if it were not
expired if the operator of such aircraft has aboard the
aircraft--
[[Page H3732]]
``(A) documentation validating that--
``(i) an aircraft registration renewal application form (AC
Form 8050-1B, or a succeeding form) has been submitted to the
Administrator for such aircraft but not yet approved or
denied; and
``(ii) such aircraft is compliant with maintenance,
inspections, and any other requirements for the aircraft's
airworthiness certificate issued under section 44704(d); and
``(B) the most recent aircraft registration.
``(2) Proof of pending renewal application.--The
Administrator shall provide an applicant for renewal of
registration under this section with documentation described
in paragraph (1)(A). Such documentation shall--
``(A) be made electronically available to the applicant
immediately upon submitting an aircraft registration renewal
application to the Civil Aviation Registry for an aircraft;
``(B) notify the applicant of the operational allowance
described in paragraph (1);
``(C) deem an aircraft's airworthiness certificate issued
under section 44704(d) as valid provided that the applicant
confirms acknowledgment of the requirements of paragraph
(1)(A)(ii);
``(D) confirm the applicant acknowledged the limitations
described in paragraph (3)(A) and (3)(B); and
``(E) include identifying information pertaining to such
aircraft and to the registered owner.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to permit any person to operate an
aircraft--
``(A) with an expired registration, except as specifically
provided for under this subsection; or
``(B) if the Administrator has denied an application to
renew the registration of such aircraft.''.
(b) Rulemaking; Guidance.--Not later than 18 months after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall issue a final rule, if
necessary, and update all applicable guidance and policies to
implement the amendment made by this section.
SEC. 242. TEMPORARY AIRMAN CERTIFICATES.
Section 44703 of title 49, United States Code, is amended
by adding at the end the following:
``(l) Temporary Airman Certificate.--An individual may
obtain a temporary airman certificate from the Administrator
after requesting a permanent replacement airman certificate
issued under this section. A temporary airman certificate
shall be--
``(1) made available--
``(A) electronically to the individual immediately upon
submitting an online application for a replacement
certificate to the Administrator; or
``(B) physically to the individual at a flight standards
district office--
``(i) if the individual submits an online application for a
replacement certificate; or
``(ii) if the individual applies for a permanent
replacement certificate other than by online application and
such application has been received by the Federal Aviation
Administration; and
``(2) destroyed upon receipt of the permanent replacement
airman certificate from the Administrator.''.
SEC. 243. FLIGHT INSTRUCTION OR TESTING.
(a) In General.--An authorized flight instructor providing
student instruction, flight instruction, or flight training
shall not be deemed to be operating an aircraft carrying
persons or property for compensation or hire.
(b) Authorized Additional Pilots.--An individual acting as
an authorized additional pilot during Phase I flight testing
of aircraft holding an experimental airworthiness
certificate, in accordance with section 21.191 of title 14,
Code of Federal Regulations, and meeting the requirements set
forth in Federal Aviation Administration regulations and
policy in effect as of the date of enactment of this section,
shall not be deemed to be operating an aircraft carrying
persons or property for compensation or hire.
(c) Use of Aircraft.--An individual who uses, causes to
use, or authorizes to use aircraft for flights conducted
under subsection (a) or (b) shall not be deemed to be
operating an aircraft carrying persons or property for
compensation or hire.
(d) Revision of Rules.--
(1) In general.--The requirements of this section shall
become effective upon the date of enactment of this Act.
(2) Revision.--The Administrator of the Federal Aviation
Administration shall issue, revise, or repeal the rules,
regulations, guidance, or procedures of the Federal Aviation
Administration to conform to the requirements of this
section.
SEC. 244. LETTER OF DEVIATION AUTHORITY.
(a) In General.--A flight instructor, registered owner,
lessor, or lessee of a covered aircraft shall not be required
to obtain a letter of deviation authority from the
Administrator of the Federal Aviation Administration to
allow, conduct, or receive flight training, checking, and
testing in such aircraft if--
(1) the flight instructor is not providing both the
training and the aircraft;
(2) no person advertises or broadly offers the aircraft as
available for flight training, checking, or testing; and
(3) no person receives compensation for use of the aircraft
for a specific flight during which flight training, checking,
or testing was received, other than expenses for owning,
operating, and maintaining the aircraft.
(b) Covered Aircraft Defined.--In this section, the term
``covered aircraft'' means--
(1) an experimental category aircraft;
(2) a limited category aircraft; and
(3) a primary category aircraft.
SEC. 245. NATIONAL COORDINATION AND OVERSIGHT OF DESIGNATED
PILOT EXAMINERS.
(a) In General.--Not later than 16 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a program or office
to provide national coordination and oversight of designated
pilot examiners appointed under section 183.23 of title 14,
Code of Federal Regulations.
(b) Responsibilities.--The program or office established
under subsection (a) shall be responsible for the following:
(1) Oversight of designated pilot examiners appointed under
section 183.23 of title 14, Code of Federal Regulations,
including the selection, training, duties, and deployment of
such examiners.
(2) Supporting the standardization of policy, guidance, and
regulations across the Administration pertaining to the
selection, training, duties, and deployment of designated
pilot examiners appointed under section 183.23 of title 14,
Code of Federal Regulations, including evaluating the
consistency by which such examiners apply Administration
policies, orders, and guidance.
(3) Coordinating placement and deployment of such examiners
across regions based on demand for examinations from the
pilot community.
(4) Developing a code of conduct for such examiners.
(5) Deploying a survey system to track the performance and
merit of such examiners.
(6) Facilitating an industry partnership to create a formal
mentorship program for such examiners.
(c) Coordination.--In carrying out the responsibilities
listed in subsection (b), the Administrator shall ensure the
program--
(1) coordinates on an ongoing basis with flight standards
district offices, designated pilot examiner managing
specialists, and aviation industry stakeholders, including
representatives of the general aviation community; and
(2) considers (or reconsiders) implementing the final
recommendations report issued by the Designated Pilot
Examiner Reforms Working Group and accepted by the Aviation
Rulemaking Advisory Committee on June 17, 2021.
(d) Briefing.--The Administrator shall brief the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate in each fiscal year beginning
after the date of enactment of this Act through fiscal year
2028 detailing--
(1) the methodology by which designated pilot examiners
appointed under section 183.23 of title 14, Code of Federal
Regulations, are deployed and any subsequent changes to the
methodology to fulfill the demand for examinations;
(2) a review of the previous fiscal year detailing the
average time an individual in each region must wait to
schedule an appointment with such an examiner; and
(3) the turnover rates and resource costs associated with
such examiners.
SEC. 246. BASICMED FOR EXAMINERS ADMINISTERING TESTS OR
PROFICIENCY CHECKS.
(a) Equivalent Pilot-in-command Medical Requirements.--
Notwithstanding section 61.23(a)(3)(iv) of title 14, Code of
Federal Regulations, an examiner may administer a practical
test or proficiency check if such examiner meets the medical
qualification requirements under part 68 of title 14, Code of
Federal Regulations, if the operation being conducted is in a
covered aircraft, as such term is defined in section 2307(j)
of the FAA Extension, Safety, and Security Act of 2016 (49
U.S.C. 44703 note).
(b) Rulemaking.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a final rule to update
part 61 of title 14, Code of Federal Regulations, to
implement the requirements under subsection (a), in addition
to any related requirements the Administrator finds are in
the interest of aviation safety.
SEC. 247. DESIGNEE LOCATOR TOOL IMPROVEMENTS.
Not later than 2 years after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall ensure that the designee locator search function of the
public website of the Designee Management System of the
Administration has the functionality to--
(1) filter a search for an Aviation Medical Examiner (as
described in section 183.21 of title 14, Code of Federal
Regulations) by sex, if such information is available;
(2) display credentials and aircraft qualifications of a
designated pilot examiner (as described in section 183.23 of
such title); and
(3) display the scheduling availability of a designated
pilot examiner (as described in section 183.23 of such title)
to administer a test or proficiency check to an airman.
SEC. 248. DEADLINE TO ELIMINATE AIRCRAFT REGISTRATION
BACKLOG.
Not later than 120 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall take such actions as may be necessary to reduce and
maintain the aircraft registration and recordation backlog at
the Civil Aviation Registry so that, on average, applications
are processed not later than 10 business days after receipt.
SEC. 249. PART 135 AIR CARRIER CERTIFICATE BACKLOG.
(a) In General.--The Administrator of the Federal Aviation
Administration shall take such actions as may be necessary to
achieve the goal of reducing the backlog of air carrier
certificate applications under part 135 of title 14, Code of
Federal Regulations, to--
(1) not later than 1 year after the date of enactment of
this Act, maintain an average certificate decision time of
less than 60 days; and
(2) not later than 2 years after the date of enactment of
this Act, maintain an average certificate decision time of
less than 30 days.
[[Page H3733]]
(b) Measures.--In meeting the goal under subsection (a),
the Administrator may--
(1) assign, as appropriate, additional personnel or support
staff, including on a temporary basis, to review, adjudicate,
and approve applications;
(2) improve and expand promotion of existing applicant
resources which could improve the quality of applications
submitted to decrease the need for Administration applicant
coordination and communications; and
(3) take into consideration any third-party entity that
assisted in the preparation of an application for an air
carrier certificate under part 135 of title 14, Code of
Federal Regulations.
(c) Working Group.--The Administrator shall convene a
working group comprised of industry stakeholders and aviation
experts to--
(1) not later than 1 year after the date of enactment of
this Act, study methods and make recommendations to clarify
requirements and standardize the process for conducting and
completing aircraft conformity processes for existing air
carriers and operators under part 135 of title 14, Code of
Federal Regulations, in a timely manner, which shall
include--
(A) developing a plan to honor or expedite the
consideration of previously accepted aircraft configuration
evaluations when an aircraft moves from one certificate under
part 135 of title 14, Code of Federal Regulations, to another
such certificate;
(B) streamlining protocols for operators under such part
135 to add an aircraft that was listed on another certificate
under such part 135 immediately prior to moving to the new
carrier; and
(C) evaluating non-safety related Federal Aviation
Administration policies, guidance, and documentation and
identify needed changes to such policies, guidance, and
documentation to accomplish subparagraph (B); and
(2) not later than 2 years after of the date of enactment
of this Act--
(A) study and review methods to modernize and improve the
air carrier certification process under part 135 of title 14,
Code of Federal Regulations; and
(B) recommend long-term solutions for effective management
of Administration resources dedicated to approving air
carrier certificate applications under such part 135.
(d) Congressional Briefing.--Beginning 6 months after the
date of enactment of this Act, and not less than every 6
months thereafter until the Administrator complies with the
requirements under subsection (a)(2), the Administrator shall
provide a briefing to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the status of the backlog of air carrier
certificate applications under part 135 of title 14, Code of
Federal Regulations, any measures the Administrator has put
in place under subsection (b), and any recommendations
received from the review under subsection (c).
SEC. 250. LOGGING FLIGHT TIME ACCRUED IN CERTAIN PUBLIC
AIRCRAFT.
(a) Completion of Rulemaking.--Not later than 18 months
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall issue a final rule
modifying section 61.51(j)(4) of title 14, Code of Federal
Regulations, to include aircraft under the direct operational
control of forestry and fire protection agencies, as required
by section 517 of the FAA Reauthorization Act of 2018 (49
U.S.C. 44703 note).
(b) Failure to Complete Rulemaking.--If the Administrator
fails to issue a final rule pursuant to subsection (a) by the
deadline described in such subsection, beginning on the date
that is 18 months after the date of enactment of this Act--
(1) notwithstanding section 61.51(j)(4) of title 14, Code
of Federal Regulations, a pilot, while engaged on an official
flight for a Federal, State, county, or municipal forestry or
fire protection agency, may log flight time so long as the
time acquired is in an aircraft that--
(A) is identified as an aircraft under section 61.5(b) of
such title; and
(B) is a public aircraft under the direct operational
control of a forestry or fire protection agency; and
(2) the Administrator may not take an enforcement action
against the pilot for logging such flight time as described
in paragraph (1).
(c) Sunset.--Subsection (b) shall cease to be effective on
the date on which the final rule required under subsection
(a) is effective.
SEC. 251. FLIGHT INSTRUCTOR CERTIFICATES.
(a) Completion of Rulemaking.--Not later than 36 months
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration shall issue a final rule
for the rulemaking activity titled ``Removal of the
Expiration Date on a Flight Instructor Certificate'',
published in Fall 2022 in the Unified Agenda of Federal
Regulatory and Deregulatory Actions (RIN 2120-AL25) to, at a
minimum, update part 61 of title 14, Code of Federal
Regulations, to--
(1) remove the expiration date on a flight instructor
certificate; and
(2) replace the requirement that a flight instructor renews
their flight instructor certificate with appropriate recent
experience requirements for the holder of a flight instructor
certificate to exercise the privileges of such certificate.
(b) Failure to Complete Rulemaking.--If the Administrator
fails to issue a final rule pursuant to subsection (a) before
the deadline prescribed in that subsection, beginning on the
date that is 36 months after the date of enactment of this
Act--
(1) notwithstanding sections 61.19(d) and 61.197 of title
14, Code of Federal Regulations, an individual holding a
flight instructor certificate that is not expired as of the
date that is 36 months after the date of enactment of this
Act may exercise the privileges of the certificate regardless
of whether the certificate subsequently expires, provided
that the individual meets eligibility requirements in
accordance with section 61.183 of title 14, Code of Federal
Regulations; and
(2) the Administrator--
(A) shall consider a flight instructor certificate
described in paragraph (1) as having no expiration date; and
(B) may not enforce any regulation attributed to the
renewal of a flight instructor certificate of an individual.
(c) Sunset.--Subsection (b) shall cease to be effective on
the effective date of a final rule issued pursuant to
subsection (a).
SEC. 252. CONSISTENCY OF POLICY APPLICATION IN FLIGHT
STANDARDS AND AIRCRAFT CERTIFICATION.
(a) In General.--The inspector general of the Department of
Transportation shall initiate audits, as described in
subsection (d), of the Flight Standards and Aircraft
Certification Services of the Federal Aviation
Administration, and the personnel of such offices, on the
consistency of--
(1) the interpretation of policies, orders, guidance, and
regulations; and
(2) the application of policies, orders, guidance, and
regulations.
(b) Components.--In completing the audits required under
this section, the inspector general shall interview
stakeholders, including at a minimum, individuals or entities
that--
(1) hold a certificate or authorization related to the
issue being audited under subsection (d);
(2) are from different regions of the country with matters
before different flight standards district offices or
aircraft certification offices of the Administration;
(3) work with multiple flight standards district offices or
aircraft certification offices of the Administration; or
(4) hold a single or multiple relevant certificates or
authorizations.
(c) Reports.--The inspector general of the Department of
Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, the Secretary of
Transportation, and the Administrator of the Federal Aviation
Administration a report for each audit required in this
section, containing the results of the audit, including
findings and recommendations to the Administrator to improve
the consistency of decision-making by Flight Standards and
Aircraft Certification Services offices of the
Administration.
(d) Audits.--The inspector general shall complete an audit
and issue the associated report required under subsection (c)
not later than--
(1) 18 months after the date of enactment of this Act, with
regard to supplemental type certificates;
(2) 34 months after the date of enactment of this Act, with
regard to repair stations certificated under part 145 of
title 14, Code of Federal Regulations; and
(3) 50 months after the date of enactment of this Act, with
regard to technical standards orders.
(e) Implementation.--In addressing any recommendations from
the inspector general contained in the reports required under
subsection (c), the Administrator shall--
(1) maintain an implementation plan; and
(2) broadly adopt any best practices to improve the
consistency of interpretation and application of policies,
orders, guidance, and regulations by other offices of the
Administration and with regard to other activities of the
Administration.
(f) Briefing.--Not later than 6 months after receiving a
report required under subsection (c), the Administrator shall
brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the
implementation plan required under subsection (d), the status
of any recommendation received pursuant to this section, and
any best practices that are being implemented more broadly.
SEC. 253. APPLICATION OF POLICIES, ORDERS, AND GUIDANCE.
Section 44701 of title 49, United States Code, is amended
by adding at the end the following:
``(g) Policies, Orders, and Guidance.--
``(1) Consistency of application.--The Administrator shall
ensure consistency in the application of policies, orders,
and guidance of the Administration by--
``(A) regular audits of the application and interpretation
of such material by Administration personnel from person to
person and office to office;
``(B) updating policies, orders, and guidance to resolve
inconsistencies and clarify demonstrated ambiguities, such as
through repeated inconsistent interpretation; and
``(C) ensuring officials are properly documenting findings
and decisions throughout a project to decrease the occurrence
of duplicative work and inconsistent findings by subsequent
officials assigned to the same project.
``(2) Alterations.--The Administrator shall consult as
appropriate with regulated entities who will be impacted by
proposed changes to the content or application of policies,
orders, and guidance before making such changes.
``(3) Authorities and regulations.--The Administrator shall
issue policies, orders, and guidance documents that are
related to a law or regulation or clarify the intent of or
compliance with specific laws and regulations.''.
SEC. 254. EXPANSION OF THE REGULATORY CONSISTENCY
COMMUNICATIONS BOARD.
Section 224 of the FAA Reauthorization Act of 2018 (49
U.S.C. 44701 note) is amended--
(1) in subsection (c)--
(A) in paragraph (2) by striking ``; and'' and inserting a
semicolon;
[[Page H3734]]
(B) in paragraph (3) by striking the period and inserting a
semicolon; and
(C) by adding at the end the following:
``(4) the Office of Airports;
``(5) the Office of Security and Hazardous Materials
Safety;
``(6) the Office of Rulemaking and Regulatory Improvement;
and
``(7) such other offices as the Administrator determines
appropriate.''; and
(2) in subsection (d)(1)--
(A) in subparagraph (A) by striking ``anonymous regulatory
interpretation questions'' and inserting ``regulatory
interpretation questions, including anonymously,'';
(B) in subparagraph (C) by striking ``anonymous regulatory
interpretation questions'' and inserting ``regulatory
interpretation questions, including anonymously''; and
(C) by adding at the end the following:
``(6) Submit recommendations, as needed, to the Assistant
Administrator for Rulemaking and Regulatory Improvement for
consideration.''.
SEC. 255. EXEMPTION OF FEES FOR AIR TRAFFIC SERVICES.
(a) In General.--Chapter 453 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 45307. Exemption of fees for air traffic services
``(a) Requirement to Provide Services and Related
Support.--The Administrator shall provide or ensure the
provisioning of air traffic services and aviation safety
support for large, multiday aviation events, including
airshows and fly-ins, where the average daily number of
manned operations were 1,000 or greater in at least 1 of the
preceding 3 years, without the imposition or collection of
any fee, tax, or other charge for that purpose. Amounts for
the provision of such services and support shall be derived
from amounts appropriated or otherwise available for the
Administration.
``(b) Determination of Services and Support to Be
Provided.--In determining the services and support to be
provided for an aviation event for purposes of subsection
(a), the Administrator shall take into account the following:
``(1) The services and support required to meet levels of
activity at prior events, if any, similar to the event.
``(2) The anticipated need for services and support at the
event.''.
(b) Clerical Amendment.--The analysis of chapter 453 of
title 49, United States Code, is amended by adding at the end
the following:
``Sec. 45307. Exemption of fees for air traffic services.''.
(c) Conforming Repeal.--Section 530 of the FAA
Reauthorization of 2018 (49 U.S.C. 40103 note), and the item
relating to that section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 256. MODERNIZATION OF SPECIAL AIRWORTHINESS
CERTIFICATION RULEMAKING DEADLINE.
Not later than 24 months after the date of enactment of
this Act, the Administrator of the Federal Aviation
Administration shall issue a final rule for the rulemaking
activity titled ``Modernization of Special Airworthiness
Certification'', published in Fall 2022 in the long-term
actions of the Unified Agenda of Federal Regulatory and
Deregulatory Actions (RIN 2120-AL50).
SEC. 257. TERMINATION OF DESIGNEES.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall update the Administration's
Designee Management Policy (FAA Order 8000.95B), or any
successor order, to ensure due process and increase
transparency in Federal Aviation Administration-initiated
terminations of designees.
(b) Updates to the Designee Management Policy.--In updating
the Administration's Designee Management Policy under
subsection (a), the Administrator shall, at a minimum,
provide for the following:
(1) A process by which a designee--
(A) is notified of the root causes and reasons for a
termination initiated by the Administrator;
(B) is notified of the change in a delegated authority to
``suspended'' or ``terminated'' during a Federal Aviation
Administration-initiated termination;
(C) is provided a point of contact, who is independent of
any investigation or termination action involving the
designee, within the Administration, to correspond with for
purposes of discussing the termination process and the
designee's status, including the handling of correspondence
during the investigation process described in paragraph (2),
if applicable, and the review panel described in paragraph
(3);
(D) is notified of the results of the investigation
described in paragraph (2) in a reasonable and timely manner,
which shall include notice of additional action by the
Administrator, if required; and
(E) may respond within 30 calendar days to the
Administrator if the Administrator determines that a
termination for cause is the appropriate course of action and
initiates such action.
(2) An investigation process to determine the appropriate
outcome in situations in which termination is being
considered by the Administrator, which shall include the
following elements:
(A) The root causes and reasons for the investigation,
including any complaints or allegations.
(B) Collection of evidence related to the investigation.
(C) A review of the facts and circumstances surrounding the
case.
(D) A review of the designee's record in the designee
management system and any relevant background information in
the appropriate Federal Aviation Administration databases to
determine if there is a pattern of inappropriate behavior or
misconduct.
(E) A review of the designee's response to the
investigation, if provided, to include any documentation
provided by the designee.
(F) A decision on the appropriate course of action based on
the results of the investigation.
(G) Recording the results of the investigation in the
Federal Aviation Administration's designee management system.
(H) A notification to the designee that an investigation
has been initiated, but only after it is determined through
an established process that such notification would not
adversely impact the investigation or safety.
(3) A review panel to determine whether a termination is
appropriate when termination for cause is a possible outcome
upon the completion of the investigation described in
paragraph (2), of which such review panel shall--
(A) consider the elements of the investigation process
provided for under paragraph (2), including the designee's
response to the investigation and any associated documents,
if provided; and
(B) complete the review process within 45 calendar days of
the Administrator initiating a for cause termination decision
of a designee.
(c) Subsequent Review for Designated Pilot Examiners.--
(1) In general.--The Administrator shall set up a process
through which a Designated Pilot Examiner terminated for
cause may request a subsequent review by the Executive
Director of the Flight Standards Service.
(2) Request.--A Designated Pilot Examiner terminated for
cause may request a subsequent review described in paragraph
(1) not later than 15 calendar days after termination,
(3) Review.--The Executive Director shall review all
relevant information and facts by which the decision was made
to terminate the designee, including the information
considered by the review panel, and issue a final
determination.
(4) Timing.--Such final determination shall be issued by
the Director not later than 45 calendar days upon receiving
the request.
(d) Limitation on Investigation and Review Panel
Participants.--An Administration employee involved in the
selection, appointment, or management of a designee the
Administrator is investigating or terminating for cause may
not be party--
(1) to an investigation described in subsection (b)(2) of
such designee; or
(2) participating on a review panel described in subsection
(b)(3) pertaining to such designee.
SEC. 258. PART 135 CHECK AIRMEN REFORMS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall assign to the Aviation Rulemaking
Advisory Committee (in this section referred to as the
``Committee'') the task of reviewing all regulations and
policies related to check airmen for air carrier operations
conducted under part 135 of title 14, Code of Federal
Regulations.
(b) Duties.--The Committee shall--
(1) review the processes and requirements by which
authorized check airmen are selected, trained, and approved
by the Administrator, and provide recommendations with
respect to the regulatory and policy changes necessary to
ensure efficient training and utilization of such check
airmen;
(2) review differences in qualification standards between
an inspector of the Federal Aviation Administration and an
authorized check airmen in evaluating and certifying the
knowledge and skills of pilots; and
(3) make recommendations with respect to the regulatory and
policy changes necessary to allow authorized check airmen to
perform duties beyond the duties permitted on the date of
enactment of this Act.
(c) Action Based on Recommendations.--Not later than 1 year
after receiving recommendations under subsection (a), the
Administrator shall take such action as the Administrator
considers appropriate with respect to such recommendations.
(d) Definition of Authorized Check Airman.--In this
section, the term ``authorized check airman'' means an
individual employed by an air carrier that meets the
qualifications and training requirements of sections 135.337
and 135.339 of title 14, Code of Federal Regulations, and is
approved to evaluate and certify the knowledge and skills of
pilots employed by such air carrier.
Subtitle D--Other Provisions
SEC. 261. REQUIRED CONSULTATION WITH NATIONAL PARKS
OVERFLIGHTS ADVISORY GROUP.
Section 40128(b)(4) of title 49, United States Code, is
amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) in subparagraph (D) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) consult with the advisory group established under
section 805 of the National Parks Air Tour Management Act of
2000 (49 U.S.C. 40128 note) and consider all advice,
information, and recommendations provided by the advisory
group to the Administrator and the Director.''.
SEC. 262. SUPPLEMENTAL OXYGEN REGULATORY REFORM.
(a) In General.--Beginning on the date that is 30 days
after the date of enactment of this Act, the following
regulations shall cease to apply to any aircraft operating
below 41,000 feet above mean sea level:
(1) Paragraphs (3) and (4) of section 135.89(b) of title
14, Code of Federal Regulations (or any successor
regulations).
(2) Paragraphs (1)(ii) and (2) of section 91.211(b) of
title 14, Code of Federal Regulations (or any successor
regulations).
(b) Conforming Amendment.--Not later than 1 year after the
date of enactment of this Act,
[[Page H3735]]
the Administrator of the Federal Aviation Administration
shall issue a final regulation revising the provisions of
title 14, Code of Federal Regulations, described in
paragraphs (1) and (2) of subsection (a) to conform to the
limitation in applicability pursuant to subsection (a).
SEC. 263. EXCLUSION OF GYROPLANES FROM FUEL SYSTEM
REQUIREMENTS.
Section 44737 of title 49, United States Code, is amended--
(1) by striking ``rotorcraft'' and inserting ``helicopter''
each place it appears; and
(2) by adding at the end the following:
``(d) Exemption.--A helicopter issued an experimental
certificate under section 21.191 of title 14, Code of Federal
Regulations (or any successor regulations), or operating
under a Special Flight Permit issued under section 21.197 of
title 14, Code of Federal Regulations (or any successor
regulations), is exempt from the requirements of this
section.''.
SEC. 264. AIRSHOW VENUE INFORMATION, AWARENESS, TRAINING, AND
EDUCATION PROGRAM.
(a) In General.--Not later than 4 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a program, in
cooperation with the National Center for the Advancement of
Aerospace, to be known as the ``Airshow Venue Information,
Awareness, Training, and Education Program'' (in this section
referred to as the ``AVIATE Program'').
(b) Objective.--The objectives of the AVIATE Program shall
be--
(1) to make information available to general aviation
airport managers, local government officials, and other
relevant stakeholders about how to host an airshow;
(2) to provide guidance and resources to help organizers
plan and execute airshows and aerial events, including--
(A) compliance with all applicable regulations;
(B) providing technical assistance in establishing--
(i) emergency response plans; and
(ii) communication plans between relevant event
stakeholders, including local enforcement and emergency first
responders; and
(C) ensuring protection of the public, performers, and
airport personnel;
(3) to promote public awareness and engagement with
airshows and aerial events, including opportunities for
community education, outreach, and involvement; and
(4) to provide access to tools and resources that enable
general aviation airport managers, local government
officials, and other relevant stakeholders to understand the
impact of airshows and aerial events on local economies and
communities.
(c) Administration.--In carrying out the AVIATE Program,
the Administrator shall consult and coordinate, as
appropriate, with relevant stakeholders, including--
(1) airshow safety experts;
(2) general aviation aircraft owners and operators,
including experimental aircraft owners and operators;
(3) general aviation airports, including airport officials;
(4) air traffic control specialists with knowledge of
coordinating airshows and aerial events, including experts
from the exclusive bargaining representative of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(5) experts from the exclusive bargaining representative of
air traffic controllers certified under section 7111 of title
5, United States Code.
SEC. 265. LOW ALTITUDE ROTORCRAFT AND POWERED-LIFT
OPERATIONS.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall, as appropriate, establish or
update low altitude routes and flight procedures to ensure
safe rotorcraft and powered-lift aircraft operations within
Class B airspace of the national airspace system.
(b) Flight Procedures.--In carrying out subsection (a), the
Administrator shall, as appropriate, establish or update
approach and departure procedures at public-use airports and
heliports within Class B airspace for rotorcraft and powered-
lift aircraft operations.
(c) Flight Routes.--
(1) In general.--In carrying out this section, the
Administrator shall revise part 71 of title 14, Code of
Federal Regulations, as necessary, to establish or update low
altitude routes related to Class B airspace operations for
rotorcraft and powered-lift aircraft.
(2) Considerations.--In carrying out this section, the
Administrator shall consider the impact of such low altitude
flight routes described in paragraph (1) on other airspace
users and impacted communities to ensure that such routes are
designed to minimize--
(A) the potential for conflict with existing national
airspace system operations;
(B) the workload of air traffic controllers; and
(C) negative effects to impacted communities.
(d) Consultation.--In carrying out this section, the
Administrator shall develop the procedures and routes
required under subsection (b) and (c) in consultation with--
(1) rotorcraft operators, including air ambulance
operators;
(2) powered-lift operators;
(3) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(4) any other relevant stakeholders as determined by the
Administrator.
SEC. 266. BASICMED IN NORTH AMERICA.
The Administrator of the Federal Aviation Administration
shall seek to facilitate the recognition of medical
qualifications under part 68 of title 14, Code of Federal
Regulations, with civil aviation authorities in Canada and
such other foreign countries that the Administrator
determines are appropriate.
SEC. 267. ELIMINATE AVIATION GASOLINE LEAD EMISSIONS.
(a) EAGLE Initiative.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall continue to partner with industry and
other Federal Government stakeholders in carrying out the
Eliminate Aviation Gasoline Lead Emissions Initiative (in
this section referred to as the ``EAGLE Initiative'').
(2) FAA responsibilities.--In collaborating with industry
and other Government stakeholders to carry out the EAGLE
Initiative, the Administrator shall take such actions as may
be necessary under the Administrator's authority to
facilitate--
(A) the safe elimination of the use of leaded aviation
gasoline by piston-engine aircraft by the end of 2030 without
adversely affecting the piston-engine aircraft fleet;
(B) the approval of unleaded alternatives to leaded
aviation gasoline for use in all piston-engine aircraft types
and piston-engine types;
(C) the implementation of the requirements of section 431
as they relate to the continued availability of aviation
gasoline;
(D) efforts to make approved unleaded aviation gasoline
widely available at airports; and
(E) the development and implementation of a transition plan
to safely expedite the transition of the piston-engine
general aviation aircraft fleet to unleaded fuels by 2030.
(3) Activities.--In carrying out the Administration's
responsibilities pursuant to paragraph (2), the
Administrator, at a minimum, shall--
(A) develop and publish, as soon as practicable, a fleet
authorization process for the efficient approval or
authorization of unleaded aviation gasolines;
(B) review, update, and prioritize, as soon as practicable,
certification processes and projects for aircraft engines and
modifications to such engines to operate with unleaded
aviation gasoline;
(C) evaluate and support programs that accelerate the
creation, evaluation, qualification, deployment, and use of
unleaded aviation gasolines;
(D) carry out, in partnership with the general aviation
community, an ongoing campaign for training and educating
aircraft owners and operators on how to safely transition to
unleaded aviation gasoline;
(E) evaluate aircraft and aircraft engines to ensure that
such aircraft and aircraft engines can operate with unleaded
aviation gasoline candidates during cold weather conditions;
and
(F) facilitate Government policy, regulatory proposals, and
voluntary consensus standards with the objective of achieving
the following:
(i) Establishing a commercially viable supply chain for
unleaded aviation gasolines.
(ii) Facilitating market-based production and distribution
of unleaded aviation gasolines.
(iii) Encouraging procurement of equipment required for the
deployment, storage, and dispensing of unleaded aviation
gasolines.
(4) Consultation and coordination with relevant
stakeholders.--In carrying out the EAGLE Initiative, the
Administrator shall continue to consult and coordinate, as
appropriate, with relevant stakeholders, including--
(A) general aviation aircraft engine, aircraft propulsion,
and aircraft airframe manufacturers;
(B) general aviation aircraft users, aircraft owners,
aircraft pilots, and aircraft operators;
(C) airports, heliports, and fixed-base operators;
(D) State, local, and Tribal airport officials or public
agencies, with representation from both urban and rural
areas;
(E) representatives of the petroleum industry, including
developers, refiners, producers, and distributors of unleaded
aviation gasolines; and
(F) air carriers and commercial operators operating under
part 135 of title 14, Code of Federal Regulations.
(5) Reports to congress.--
(A) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that--
(i) contains an updated strategic plan for developing a
fleet authorization process for efficient approval and use of
unleaded aviation gasolines;
(ii) describes the structure and involvement of all Federal
Aviation Administration offices that have responsibilities
described in paragraph (2); and
(iii) identifies cost-effective policy initiatives,
regulatory initiatives, or legislative initiatives needed to
improve and enhance the timely transition to unleaded
aviation gasoline for the piston-engine aircraft fleet.
(B) Annual reporting.--Not later than 1 year after the date
on which the Administrator submits the initial report under
subparagraph (A), and annually thereafter, the Administrator
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate an annual report on activities and progress of the
EAGLE Initiative.
(C) Sunset.--Subparagraph (B) shall cease to be effective
after December 31, 2030.
(b) Transition Plan to Unleaded Fuels.--
(1) In general.--In developing the transition plan under
subsection (a)(2)(E), the Administrator shall, at a minimum,
assess the following:
(A) Efforts undertaken by the EAGLE Initiative, including
progress towards--
(i) safely eliminating the use of leaded aviation gasoline
by piston-engine aircraft by the
[[Page H3736]]
end of 2030 without adversely affecting the piston-engine
aircraft fleet;
(ii) approving unleaded alternatives to leaded aviation
gasoline for use in all piston-engine aircraft types and
piston-engine types; and
(iii) facilitating efforts to make approved unleaded
aviation gasoline widely available at airports.
(B) The evaluation and development of necessary airport
infrastructure, including fuel storage and dispensing
facilities, to support the distribution and storage of
unleaded aviation gasoline.
(C) The establishment of best practices for piston-engine
aircraft owners and operators, airport managers and
personnel, aircraft maintenance technicians, and other
appropriate personnel for protecting against exposure to lead
containment when--
(i) conducting fueling operations;
(ii) disposing of inspected gasoline samples;
(iii) performing aircraft maintenance; and
(iii) conducting engine run-ups.
(D) Efforts to address supply chain and other logistical
barriers inhibiting the timely distribution of unleaded
aviation gasoline to airports.
(E) Outreach efforts to educate and update piston-engine
aircraft owners and operators, airport operators, and other
members of the general aviation community on the potential
benefits, availability, and safety of unleaded aviation
gasoline.
(2) Consultation.--In developing such transition plan, the
Administrator shall consult, at a minimum, with
representatives of entities described in subsection (a)(4).
(3) Publication; guidance.--Upon completion of developing
such transition plan, the Administrator shall--
(A) make the plan available to the public on an appropriate
webpage of the Administration; and
(B) provide guidance supporting the implementation of the
transition plan.
(4) Coordination with eagle initiative.--In developing such
transition plan and associated guidance pertaining to the
implementation of such transition plan, the Administrator
shall consult and coordinate with individuals carrying out
the EAGLE Initiative.
(5) Mapping unleaded aviation gasoline.--The Administrator
shall develop and continuously update websites, brochures,
and other communication materials associated with such
transition plan to clearly convey the availability of
unleaded aviation gasoline at airports.
(6) Briefing to congress.--Not later than 60 days after the
publication of such transition plan, the Administrator shall
brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Technology of the Senate on such transition plan
and any efforts or actions pertaining to the implementation
of such transition plan.
TITLE III--AEROSPACE WORKFORCE
Subtitle A--Growing the Talent Pool
SEC. 301. EXTENSION OF AVIATION WORKFORCE DEVELOPMENT
PROGRAMS.
Section 625(b)(1) of the FAA Reauthorization Act of 2018
(49 U.S.C. 40101 note) is amended by striking ``section
48105'' and all that follows through the period at the end
and inserting the following: ``section 48105 of title 49,
United States Code, not more than--
``(A) $15,000,000 for each of fiscal years 2024 through
2026 is authorized to be expended to provide grants under the
program established under subsection (a)(1); and
``(B) $15,000,000 for each of fiscal years 2024 through
2026 is authorized to provide grants under the program
established under subsection (a)(2).
``(C) $15,000,000 for each of fiscal years 2024 through
2026 is authorized to be expended to provide grants under the
program established under subsection (a)(3).''.
SEC. 302. IMPROVING AVIATION WORKFORCE DEVELOPMENT PROGRAMS.
(a) Manufacturing Program.--Section 625(a) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) is
amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(3) a program to provide grants for eligible projects to
support the education and recruitment of aviation
manufacturing workers and the development of the aviation
manufacturing workforce.''.
(b) Project Grants.--Section 625(b) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) is
amended--
(1) in paragraph (2) by striking ``$500,000'' and inserting
``$750,000''; and
(2) by adding at the end the following:
``(3) Education projects.--The Secretary shall ensure that
not less than 20 percent of the amounts authorized to be
expended under this subsection shall be used to carry out a
grant program which shall be referred to as the `Willa Brown
Aviation Education Program' (in this paragraph referred to as
the `Program') under which the Secretary shall provide grants
for eligible projects described in subsection (d) that are
carried out in communities in counties containing at least 1
qualified opportunity zone (as such term is defined in
section 1400Z-1(a) of the Internal Revenue Code of 1986).''.
(c) Eligible Applications.--Section 625(c) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended
by striking paragraphs (1) and (2) and inserting the
following:
``(1) Application for aircraft pilot program.--An
application for a grant under the program established under
subsection (a)(1) may be submitted, in such form as the
Secretary may specify, by--
``(A) an air carrier, as defined in section 40102 of title
49, United States Code;
``(B) an entity that holds management specifications under
subpart K of title 91 of title 14, Code of Federal
Regulations;
``(C) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002)), or a high school or secondary school (as such terms
are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(D) a flight school that provides flight training, as
defined in part 61 of title 14, Code of Federal Regulations,
or that holds a pilot school certificate under part 141 of
title 14, Code of Federal Regulations;
``(E) a labor organization representing professional
pilots;
``(F) an aviation-related nonprofit organization described
in section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of such
Code; or
``(G) a State, local, territorial, or Tribal governmental
entity.
``(2) Application for aviation maintenance program.--An
application for a grant under the program established under
subsection (a)(2) may be submitted, in such form as the
Secretary may specify, by--
``(A) a holder of a certificate issued under part 21, 121,
135, 145, or 147 of title 14, Code of Federal Regulations;
``(B) a labor organization representing aviation
maintenance workers;
``(C) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002)), or a high school or secondary school (as such terms
are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(D) an aviation-related nonprofit organization described
in section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of such
Code; or
``(E) a State, local, territorial, or Tribal governmental
entity.
``(3) Application for aviation manufacturing program.--An
application for a grant under the program established under
subsection (a)(3) may be submitted, in such form as the
Secretary may specify, by--
``(A) an entity that--
``(i) actively designs or manufactures any aircraft,
aircraft engine, propeller, or appliance, or a component,
part, or system thereof, covered under a type or production
certificate issued under section 44704; and
``(ii) has significant operations in the United States and
a majority of the employees of such entity that are engaged
in aviation manufacturing or development activities and
services are based in the United States;
``(B) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002)), or a high school or secondary school (as such terms
are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(C) an aviation-related nonprofit organization described
in section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of such
Code; or
``(D) a State, local, territorial, or Tribal governmental
entity.''.
(d) Eligible Projects.--Section 625(d) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) is amended
by striking paragraphs (1) and (2) and inserting the
following:
``(1) Aircraft pilot program.--For purposes of the program
established under subsection (a)(1), an eligible project is a
project--
``(A) to create and deliver curriculum that provides high
school or secondary school students with meaningful aviation
education to become aircraft pilots, aerospace engineers, or
unmanned aircraft systems operators, including purchasing and
operating a computer-based simulator associated with such
curriculum;
``(B) to support the professional development of teachers
using the curriculum described in subparagraph (A);
``(C) to create and deliver curriculum that provides
certified flight instructors with the necessary
instructional, leadership, and communication skills to better
educate student pilots;
``(D) to support transition to professional pilot careers,
including for members of the Armed Forces; or
``(E) to support robust outreach about careers in the
commercial aviation as a professional pilot, including
outreach to primary, secondary, and post-secondary school
students.
``(2) Aviation maintenance program.--For purposes of the
program established under subsection (a)(2), an eligible
project is a project--
``(A) to create and deliver curriculum that provides high
school and secondary school students with meaningful aviation
maintenance education to become an aviation mechanic or
aviation maintenance technician, including purchasing and
operating equipment associated with such curriculum;
``(B) to support the professional development of teachers
using the curriculum described in subparagraph (A);
``(C) to establish or improve apprenticeship, internship,
or scholarship programs for individuals pursuing employment
in the aviation maintenance industry;
``(D) to support transition to aviation maintenance
careers, including for members of the Armed Forces; or
``(E) to support robust outreach about careers in the
aviation maintenance industry, including outreach to primary,
secondary, and post-secondary school students.
[[Page H3737]]
``(3) Aviation manufacturing program.--For purposes of the
program established under subsection (a)(3), and eligible
project is a project--
``(A) to create and deliver curriculum that provides high
school and secondary school students with meaningful aviation
manufacturing education, including teaching the technical
skills used in the production of components, parts, or
systems thereof for inclusion in an aircraft, aircraft
engine, propeller, or appliance;
``(B) to support the professional development of teachers
using the curriculum described in subparagraph (A);
``(C) to establish apprenticeship, internship, or
scholarship programs for individuals pursuing employment in
the aviation manufacturing industry;
``(D) to support transition to aviation manufacturing
careers, including for members of the Armed Forces; or
``(E) to support robust outreach about careers in the
aviation manufacturing industry, including outreach to
primary, secondary, and post-secondary school students.''.
(e) Reporting and Monitoring Requirements.--Section 625 of
the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note) is
amended by adding at the end the following:
``(f) Reporting and Monitoring Requirements.--The Secretary
shall establish reasonable reporting and monitoring
requirements for grant recipients under this section to
measure relevant outcomes for the grant programs established
under paragraphs (1), (2), and (3) of subsection (a).
``(g) Notice of Grants.--
``(1) Timely public notice.--The Secretary shall provide
public notice of any grant awarded under this section in a
timely fashion after the Secretary awards such grant.
``(2) Notice to congress.--The Secretary shall provide to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate advance notice of a
grant to be made under this section.
``(h) Termination.--The authority of the Secretary to issue
grants under this section shall terminate on September 30,
2026.''.
SEC. 303. NATIONAL CENTER FOR THE ADVANCEMENT OF AEROSPACE.
(a) In General.--Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 120. National Center for the Advancement of Aerospace
``(a) Federal Charter and Status.--
``(1) In general.--The National Center for the Advancement
of Aerospace (in this section referred to as the `Center') is
a federally chartered entity which shall be incorporated in
the District of Columbia. The Center is a private independent
entity, not a department, agency, or instrumentality of the
United States Government or a component thereof. Except as
provided in subsection (f)(1), an officer or employee of the
Center is not an officer or employee of the Federal
Government.
``(2) Perpetual existence.--Except as otherwise provided,
the Center shall have perpetual existence.
``(b) Governing Body.--
``(1) In general.--The Board of Directors (in this section
referred to as the `Board') is the governing body of the
Center.
``(2) Authority.--
``(A) In general.--The Board shall adopt bylaws, policies,
and procedures to carry out the purpose of the Center and may
take any other action that it considers necessary (in
accordance with the duties and powers of the Center) for the
management and operation of the Center. The Board is
responsible for the general policies and management of the
Center and for the control of all funds of the Center.
``(B) Powers of board.--The Board shall have the power to
do the following:
``(i) Adopt and alter a corporate seal.
``(ii) Establish and maintain offices to conduct its
activities.
``(iii) Enter into contracts or agreements as a private
entity not subject to the requirements of title 41.
``(iv) Acquire, own, lease, encumber, transfer, and dispose
of property as necessary and appropriate to carry out the
purposes of the Center.
``(v) Publish documents and other publications in a
publicly accessible manner.
``(vi) Incur and pay obligations as a private entity not
subject to the requirements of title 31.
``(vii) Perform any other act necessary and proper to carry
out the purposes of the Center as described in its bylaws or
duties outlined in this section.
``(3) Membership of the board.--
``(A) In general.--The Board shall have 10 Directors as
follows:
``(i) Ex-officio membership.--The following individuals, or
their designees, shall be considered ex-officio members of
the Board:
``(I) The Administrator of the Federal Aviation
Administration.
``(II) The Executive Director, pursuant to paragraph
(5)(D).
``(ii) Appointments.--
``(I) In general.--From among those members of the public
who are highly respected and have exert knowledge and
experience in the fields of aviation, finance, or academia--
``(aa) the Secretary of Transportation shall appoint 5
members to the Board;
``(bb) the Secretary of Defense shall appoint 1 member to
the Board;
``(cc) the Secretary of Veterans Affairs shall appoint 1
member to the Board; and
``(dd) the Secretary of Education shall appoint 1 member to
the Board.
``(II) Terms.--
``(aa) In general.--The members appointed under subclause
(I) shall serve for a term of 3 years and may be reappointed.
``(bb) Staggering terms.--The Board shall stagger the
duration of the terms of the initial members appointed to
promote the stability of the Board.
``(B) Vacancies.--A vacancy on the Board shall be filled in
the same manner as the initial appointment.
``(C) Status.--All Members of the Board shall have equal
voting powers, regardless if they are ex-officio members or
appointed.
``(4) Chair of the board.--The Board shall choose a Chair
of the Board from among the members of the Board that are not
ex-officio members under paragraph (3)(A)(i).
``(5) Administrative matters.--
``(A) Meetings.--
``(i) In general.--The Board shall meet at the call of the
Chair but not less than 2 times each year and may, as
appropriate, conduct business by telephone or other
electronic means.
``(ii) Open.--
``(I) In general.--Except as provided in subclause (II), a
meeting of the Board shall be open to the public.
``(II) Exception.--A meeting, or any portion of a meeting,
may be closed if the Board, in public session, votes to close
the meeting because the matters to be discussed--
``(aa) relate solely to the internal personnel rules,
practices, and matters of the Center;
``(bb) may result in disclosure of commercial or financial
information obtained from a person that is privileged or
confidential;
``(cc) may disclose information of a personal nature where
disclosure would constitute an unwarranted invasion of
personal privacy; or
``(dd) are matters that are specifically exempted from
disclosure by Federal or District of Columbia law.
``(iii) Public announcement.--At least 1 week before a
meeting of the Board, and as soon as practicable thereafter
if there are any changes to the information described in
subclauses (I) through (III), the Board shall make a public
announcement of the meeting that describes--
``(I) the time, place, and subject matter of the meeting;
``(II) whether the meeting is to be open or closed to the
public; and
``(III) the name and appropriate contact information of a
person who can respond to requests for information about the
meeting.
``(iv) Record.--The Board shall keep minutes from each
Board meeting. Such minutes shall be made available to the
public in an accessible format, except for portions of the
meeting that are closed pursuant to subparagraph (A)(ii)(II).
``(B) Quorum.--A majority of members of the Board shall
constitute a quorum.
``(C) Code of ethics.--The Board shall adopt a code of
ethics for Directors, officers, agents, and employees of the
Center to--
``(i) prevent inappropriate conflicts of interest and
promote good employee conduct; and
``(ii) at a minimum, prohibit any member of the Board from
participating in any proceeding, application, ruling, or
other determination, contract claim, award, controversy, or
other matter in which the member, the member's employer or
prospective employer, or the member's immediate family member
has a direct financial interest.
``(D) Executive director.--The Board shall appoint and fix
the pay of an Executive Director of the Center (in this
section referred to as the `Executive Director') who shall--
``(i) serve as an ex officio Member of the Board;
``(ii) serve at the pleasure of the Board, under such terms
and conditions as the Board shall establish;
``(iii) is subject to removal by the Board at the
discretion of the Board; and
``(iv) be responsible for the daily management and
operation of the Center and for carrying out the purposes and
duties of the Center.
``(E) Appointment of personnel.--The Board shall delegate
to the Executive Director the authority to appoint additional
personnel as the Board considers appropriate and necessary to
carry out the purposes and duties of the Center.
``(6) Records.--The Board shall keep correct and complete
records of accounts.
``(7) Public information.--With the exception of the
matters described in subsection (b)(5)(A)(ii)(II), nothing in
this section may be construed to withhold disclosure of
information or records that are subject to disclosure under
section 552 of title 5.
``(c) Purpose.--The purpose of the Center is to--
``(1) develop a skilled and robust aerospace workforce in
the United States;
``(2) provide a forum to support collaboration and
cooperation between governmental, nongovernmental, and
private aerospace sector stakeholders regarding the
advancement of the aerospace workforce, including general,
business, and commercial aviation, education, labor,
manufacturing, international organizations, and commercial
space transportation organizations;
``(3) serve as a repository for research conducted by
institutions of higher education, research institutions, or
other stakeholders regarding the aerospace workforce and
related technical and skill development.
``(4) serve as a centralized resource that provides
comprehensive and relevant information sources on the
following:
``(A) Aviation pathway programs and professional
development opportunities.
``(B) Aviation apprenticeship, scholarship, and internship
programs.
``(C) Aviation-related curricula and resources about
aviation occupations and career pathways developed for
students, teachers, and guidance counselors at all levels of
education.
``(D) Aviation industry organizations.
``(d) Duties.--In order to accomplish the purpose described
in subsection (c), the Center shall perform the following
duties:
[[Page H3738]]
``(1) Improve access to aerospace education and related
skills training to help grow the U.S. aerospace workforce,
including by--
``(A) assessing the state of the aerospace workforce,
including challenges and identifying actions to address such
challenges;
``(B) developing a comprehensive workforce strategy to help
coordinate workforce development initiatives;
``(C) establishing or supporting apprenticeship,
scholarship, internship, and mentorship programs that assist
individuals who wish to pursue a career in an aerospace-
related field;
``(D) supporting the development of aerospace education
curricula, including syllabi, training materials, and lesson
plans, for use by an institution of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)), a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002)), or a high school or secondary school (as
such terms are defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)); and
``(E) building awareness of youth-oriented aerospace
programs and other robust outreach programs, including for
primary, secondary, and post-secondary school students.
``(F) supporting the professional development of teachers
using the curricula, syllabi, training materials, and lesson
plans described in subparagraph (D); and
``(G) developing an array of educational and informative
aviation-related educational activities and materials for
students of varying ages and levels of education to use in
the classroom and at home.
``(2) Support personnel or veterans of the Armed Forces
seeking to transition to a career in aerospace through
outreach, training, scholarships, apprenticeships, or other
means.
``(3) Amplify and support the work carried out at the
Centers of Excellence and Technical Centers of the Federal
Aviation Administration regarding the aerospace workforce, or
related technical and skills advancement, including
organizing and hosting symposiums, conferences, and other
forums as appropriate.
``(4) Administer on behalf of the Secretary of the
Department of Transportation the Cooperative Aviation
Recruitment, Enrichment, and Employment Readiness Program
established by subsection (a) of 40131.
``(e) Duty to Maintain Tax-exempt Status.--The Center shall
be operated in a manner and for purposes that qualify the
Center for exemption from taxation under the Internal Revenue
Code as an organization described in section 501(c)(3) of
such Code.
``(f) Administrative Matters of Center.--
``(1) Detailees.--
``(A) In general.--At the request of the Center, the head
of any Federal agency or department may, at the discretion of
such agency or department, detail to the Center, on a
reimbursable basis, an employee of the agency or department.
``(B) Civil servant status.--The detail of an employee
under subparagraph (A) shall be without interruption or loss
of civil service status or privilege.
``(2) Names and symbols.--The Center may accept, retain,
and use proceeds derived from the Center's use of the
exclusive right to use its name and seal, emblems, and badges
incorporating such name as lawfully adopted by the Board in
furtherance of the purpose and duties of the Center.
``(3) Gifts, grants, bequests, and devises.--The Center may
accept, retain, use, and dispose of gifts, grants, bequests,
or devises of money, services, or property from any public or
private source for the purpose of covering the costs incurred
by the Center in furtherance of the purpose and duties of the
Center.
``(4) Voluntary services.--The Center may accept voluntary
services from any person that are provided in furtherance of
the purpose and duties of the Center.
``(g) Restrictions.--
``(1) Profit.--The Center may not engage in business
activity for profit.
``(2) Stocks and dividends.--The Center may not issue any
shares of stock or declare or pay any dividends.
``(3) Political activities.--The Center shall be
nonpolitical and may not provide financial aid or assistance
to, or otherwise contribute to or promote the candidacy of,
any individual seeking elective public office or political
party. The Center may not engage in activities that are,
directly, or indirectly, intended to be or likely to be
perceived as advocating or influencing the legislative
process.
``(4) Distribution of income or assets.--The assets of the
Center may not inure to the benefit of any member of the
Board, or any officer or employee of the Center or be
distributed to any person. This paragraph does not prevent
the payment of reasonable compensation to any officer,
employee, or other person or reimbursement for actual and
necessary expenses in amounts approved by the Board.
``(5) Loans.--The Center may not make a loan to any member
of the Board or any officer or employee of the Center.
``(6) No claim of governmental approval or authority.--
Except as otherwise provided by section 40131, the Center may
not claim approval of Congress or of the authority of the
United States for any of its activities.
``(h) Advisory Committee.--
``(1) In general.--The Executive Director shall appoint
members to an advisory committee subject to approval by the
Board. Members of the Board may not sit on the advisory
committee.
``(2) Membership.--The advisory committee shall consist of
not more than 15 members who represent various aviation
industry and labor stakeholders, stakeholder associations,
and others as determined appropriate by the Board. The
advisory committee shall select a Chair and Vice Chair from
among its members by majority vote.
``(3) Duties.--The advisory committee shall--
``(A) provide recommendations to the Board on an annual
basis regarding the priorities for the activities of the
Center;
``(B) consult with the Board on an ongoing basis regarding
the appropriate powers of the Board to accomplish the
purposes and duties of the Center; and
``(C) provide relevant data and information to the Center
in order to carry out the duties set forth in subsection (d).
``(4) Meetings.--The provisions for meetings of the Board
under subsection (b)(5) shall apply as similarly as is
practicable to meetings of the advisory committee.
``(i) Working Groups.--
``(1) In general.--The Board may establish working groups
as determined necessary and appropriate to achieve the
purpose of the Center under subsection (c).
``(2) Membership.--Any working group established by the
Board shall be composed of private sector representatives,
stakeholder associations, members of the public, labor
representatives, and other relevant parties, as determined
appropriate by the Board. Once established, the membership of
such working group shall choose a Chair from among the
members of the working group by majority vote.
``(j) CAREER Council.--
``(1) Establishment.--Not later than September 30, 2026,
the Executive Director, in coordination with the Secretary,
shall establish a council (in this section referred to as the
`CAREER Council') for the CAREER Program established under
section 40131.
``(2) Duties.--The CAREER Council shall aid the Secretary
and the Center in carrying out the CAREER Program by
reviewing grant applications and recommending grant
recipients.
``(3) Appointment.--The CAREER Council shall be appointed
from candidates nominated by national associations
representing various sectors of the aviation industry,
including--
``(A) general aviation;
``(B) commercial aviation;
``(C) aviation labor, including collective bargaining
representatives of Federal Aviation Administration aviation
safety inspectors, aviation safety engineers, and air traffic
controllers;
``(D) aviation maintenance, repair, and overhaul; and
``(E) unmanned aviation.
``(4) Term.--Each council member appointed under paragraph
(3) shall serve a term of 4 years.
``(k) Annual Report.--The Board shall submit an annual
report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate that, at
minimum, includes a review and examination of--
``(1) the activities performed as set forth in subsection
(d) during the prior fiscal year;
``(2) the advisory committee described in subsection (h);
``(3) the working groups described in subsection (i); and
``(4) the Cooperative Aviation Recruitment, Enrichment, and
Employment Readiness Program and related activities
established under section 40131, including activities of the
CAREER Council established under subsection (j).
``(l) Audit by Department of Transportation Inspector
General.--
``(1) In general.--Not later than 2 years after the date on
which the Center is established under subsection (a), the
inspector general of the Department of Transportation shall
conduct a review of the Center.
``(2) Contents.--The review shall--
``(A) include, at a minimum, an evaluation of the efforts
taken at the Center to achieve the purpose set forth in
subsection (c); and
``(B) provide any other information that the inspector
general determines is appropriate.
``(3) Report on audit.--
``(A) Report to secretary.--Not later than 30 days after
the date of completion of the audit, the inspector general
shall submit to the Secretary a report on the results of the
audit.
``(B) Report to congress.--Not later than 60 days after the
date of receipt of the report under subparagraph (A), the
Secretary shall submit to the appropriate committees of
Congress a copy of the report, together with, if appropriate,
a description of any actions taken or to be taken to address
the results of the audit.
``(m) Authorization of Appropriations.--There is authorized
to be appropriated to the National Center for the Advancement
of Aerospace out of the Airport and Airway Trust Fund to
carry out this section--
``(1) $10,000,000 for fiscal year 2024;
``(2) $10,000,000 for fiscal year 2025;
``(3) $10,000,000 for fiscal year 2026;
``(4) $11,000,000 for fiscal year 2027; and
``(5) $11,000,000 for fiscal year 2028.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 49, United States Code, is amended by inserting after
the item relating to section 119 the following:
``120. National Center for the Advancement of Aerospace.''.
SEC. 304. COOPERATIVE AVIATION RECRUITMENT, ENRICHMENT, AND
EMPLOYMENT READINESS PROGRAM.
(a) In General.--Chapter 401 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 40131. Cooperative Aviation Recruitment, Enrichment,
and Employment Readiness Program
``(a) Establishment.--Not later than September 30, 2026,
the Secretary of Transportation, through the National Center
for the Advancement of Aerospace (in this section referred to
as the `Center'), shall establish an aviation workforce
cooperative development program to be
[[Page H3739]]
known as the Cooperative Aviation Recruitment, Enrichment,
and Employment Readiness Program (in this section referred to
as the `CAREER Program') to support the education,
recruitment, training, and retention of future aviation
professionals and the development of a robust United States
aviation workforce by--
``(1) using relevant workforce forecasts to predict and
identify aviation-related workforce challenges; and
``(2) funding projects that address such challenges and
help to sustain the long-term growth of civil aviation.
``(b) Implementation.--
``(1) Partnership with ncaa.--In implementing the CAREER
Program established under subsection (a), the Secretary shall
partner with the CAREER Council established in subsection (j)
of section 120.
``(2) Nondelegation.--Except as provided in paragraph (3),
the Secretary may not delegate any of the authorities or
responsibilities under this section to the Administrator of
the Federal Aviation Administration.
``(3) Support.--To support the administration of the CAREER
Program, the Secretary may assign employees of the Department
of Transportation, including employees of the Federal
Aviation Administration, on detail to the Center.
``(c) Solicitation, Review, and Evaluation Process.--In
carrying out the CAREER Program, the Secretary shall
establish a solicitation, review, and evaluation process that
ensures funds made available to carry out this section are
awarded to eligible entities with proposals that have
adequate merit and relevancy to the mission of the program.
``(d) Eligible Entities.--An eligible entity under this
section is--
``(1) an air carrier;
``(2) an entity that holds management specifications under
subpart K of title 91 of title 14, Code of Federal
Regulations;
``(3) a holder of a certificate issued under parts 139,
145, or 147 of title 14, Code of Federal Regulations;
``(4) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002)), or a high school or secondary school (as such terms
are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801));
``(5) a flight school that provides flight training, as
defined in part 61 of title 14, Code of Federal Regulations,
or that holds a pilot school certificate under part 141 of
title 14, Code of Federal Regulations;
``(6) an aviation labor organization;
``(7) a State, local, territorial, or Tribal government,
including a political subdivision thereof;
``(8) an aviation-related nonprofit organization described
in section 501(c)(3) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of such
Code; or
``(9) an entity that--
``(A) actively designs or manufactures any aircraft,
aircraft engine, propeller, or appliance, or a component,
part, or system thereof, covered under a type or production
certificate issued under section 44704; and
``(B) has significant operations in the United States and a
majority of the employees of such entity that are engaged in
aviation manufacturing or development activities and services
are based in the United States.
``(e) Reporting and Monitoring Requirements.--The Secretary
shall establish reasonable reporting and monitoring
requirements for grant recipients under this section to
measure relevant outcomes of the program maintained pursuant
to subsection (a).
``(f) Report.--Not later than September 30, 2027, and
annually through fiscal year 2028, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
program that includes--
``(1) a summary of projects awarded grants under this
section and the progress of each recipient towards fulfilling
program expectations;
``(2) an evaluation of how such projects cumulatively
impact the future supply of individuals in the U.S. aviation
workforce, including best practices or programs to
incentivize, recruit, and retain individuals in aviation
professions; and
``(3) recommendations for better coordinating actions by
governmental entities, educational institutions, and
businesses, aviation labor organizations, or other
stakeholders to support aviation workforce growth.
``(g) Notice of Grants.--
``(1) Timely public notice.--The Secretary shall provide
public notice of any grant awarded under the CAREER Program
in a timely fashion after the Secretary awards such grant.
``(2) Notice to congress.--The Secretary shall provide
advance notice of a grant to be made under the CAREER Program
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
``(h) Authorization of Appropriations.--Of the amounts made
available under section 48105, $50,000,000 for each of fiscal
years 2027 and 2028 is authorized to be expended to provide
grants under the program established under subsection (a).''.
(b) Clerical Amendment.--The analysis for chapter 401 of
title 49, United States Code, is amended by adding at the end
the following:
``40131. Cooperative Aviation Recruitment, Enrichment, and Employment
Readiness Program.''.
SEC. 305. REPEAL OF DUPLICATIVE OR OBSOLETE WORKFORCE
PROGRAMS.
(a) Repeal.--Sections 44510 and 44515 of title 49, United
States Code, are repealed.
(b) Clerical Amendments.--The analysis for chapter 445 of
title 49, United States Code, is amended by striking the
items relating to sections 44510 and 44515.
SEC. 306. CIVIL AIRMEN STATISTICS.
(a) Publication Frequency.--The Administrator of the
Federal Aviation Administration shall publish the study
commonly referred to as the ``U.S. Civil Airmen Statistics''
on a monthly basis.
(b) Presentation of Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a web-based dashboard
for purposes of presenting the findings of the study
described in subsection (a).
(2) Downloadable format.--The Administrator shall make the
data publicly available on the website of the Administration
in a downloadable format.
(c) Expanded Data Criteria.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall
ensure that data sets and tables published as part of the
study described in subsection (a) display information
relating to the sex of certificate holders in more instances.
(d) Historical Data.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall make all
previously published annual data from the study described in
subsection (a) available on the website of the
Administration.
SEC. 307. BESSIE COLEMAN WOMEN IN AVIATION ADVISORY
COMMITTEE.
(a) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Transportation
shall establish a Bessie Coleman Women in Aviation Advisory
Committee (hereinafter referred to as the ``Committee'').
(b) Purpose.--The Committee shall advise the Secretary and
the Administrator of the Federal Aviation Administration on
matters and policies related to the recruitment, retention,
employment, education, training, well-being, and treatment of
women in the aviation industry and aviation-focused Federal
civil service positions.
(c) Form of Directives.--All activities carried out by the
Committee, including special committees, shall be in response
to written terms of reference or taskings from the Secretary
and may not duplicate the objectives of the Air Carrier
Training Aviation Rulemaking Committee.
(d) Functions.--In carrying out the directives described in
subsection (c), the functions of the Committee are as
follows:
(1) Foster industry collaboration in an open and
transparent manner by engaging, as prescribed by this
section, representatives of the private sector associated
with an entity described in subsection (e)(1)(B).
(2) Make recommendations for strategic objectives,
priorities, and policies that would improve the recruitment,
retention, and training of women in aviation professions.
(3) Evaluate opportunities for the Administration to
improve the recruitment and retention of women in the
Administration.
(e) Membership.--
(1) Voting members.--The Advisory Committee shall be
composed of the following members:
(A) The Administrator, or the designee of the
Administrator.
(B) At least 25 individuals, appointed by the Secretary,
representing the following:
(i) Transport aircraft and engine manufacturers.
(ii) General aviation aircraft and engine manufacturers.
(iii) Avionics and equipment manufacturers.
(iv) Public and private aviation labor organizations,
including collective bargaining representatives of--
(I) aviation safety inspectors and safety engineers of the
Federal Aviation Administration;
(II) air traffic controllers;
(III) certified aircraft maintenance technicians; and
(IV) commercial airline pilots.
(v) General aviation operators.
(vi) Air carriers.
(vii) Business aviation operators.
(viii) Unmanned aircraft systems manufacturers and
operators.
(ix) Aviation safety management experts.
(x) Aviation maintenance, repair, and overhaul entities.
(xi) Airport owners and operators.
(xii) Advanced air mobility manufacturers and operators.
(xiii) Institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002)), or a high school or secondary school (as such terms
are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)).
(xiv) A flight school that provides flight training, as
defined in part 61 of title 14, Code of Federal Regulations,
or that holds a pilot school certificate under part 141 of
title 14, Code of Federal Regulations.
(xv) Aviation maintenance technician schools governed under
part 147 of title 14, Code of Federal Regulations.
(2) Nonvoting members.--
(A) In general.--In addition to the members appointed under
paragraph (1), the Committee shall be composed of not more
than 5 nonvoting members appointed by the Secretary from
among officers or employees of the FAA.
(B) Duties.--The nonvoting members may--
(i) take part in deliberations of the Committee; and
(ii) provide subject matter expertise with respect to
reports and recommendations of the Committee.
[[Page H3740]]
(C) Limitation.--The nonvoting members may not represent
any stakeholder interest other than that of the FAA.
(3) Terms.--Each voting member and nonvoting member of the
Committee appointed by the Secretary shall be appointed for a
term of 4 years.
(4) Committee characteristics.--The Committee shall have
the following characteristics:
(A) The ability to obtain necessary information from
additional experts in the aviation and aerospace communities.
(B) A membership size that enables the Committee to have
substantive discussions and reach consensus on issues in a
timely manner.
(C) Appropriate expertise, including expertise in human
resources, human capital management, policy, labor relations,
employment training, workforce development, and youth
outreach.
(f) Chairperson.--
(1) In general.--The Chairperson of the Committee shall be
appointed by the Secretary from among the voting members of
the Committee under subsection (e)(1)(B).
(2) Term.--The Chairperson shall serve a 2-year term.
(g) Meetings.--
(1) Frequency.--The Committee shall meet at least twice
each year at the call of the Chairperson or the Secretary.
(2) Public attendance.--The meetings of the Committee shall
be open and accessible to the public.
(h) Special Committees.--
(1) Establishment.--The Committee may establish special
committees composed of private sector representatives,
members of the public, labor representatives, and other
relevant parties in complying with the consultation and
participation requirements under subsection (d).
(2) Authorities.--A special committee established by the
Committee may provide rulemaking advice, recommendations, and
additional opportunities to obtain firsthand information to
the Committee with respect to issues regarding the
advancement of women in aviation.
(3) Applicable law.--Public Law 92-463 shall not apply to a
special committee established by the Committee.
(i) Personnel Matters.--
(1) No compensation of members.--
(A) Non-federal employees.--A member of the Committee who
is not an officer or employee of the Federal Government shall
serve without compensation.
(B) Federal employees.--A member of the Committee who is an
officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of
the Federal Government.
(2) Travel expenses.--The members of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Committee.
(j) Reports.--The Committee shall submit to the Secretary,
the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report upon
completion of each tasking summarizing the Committee's--
(1) findings and associated recommendations to improve the
advancement of women in aviation; and
(2) planned activities of the Committee, as tasked by the
Secretary, and proposed terms of work to fulfill each
activity.
(k) Sunset.--The Committee shall terminate on the last day
of the 8-year period beginning on the date of the initial
appointment of the members of the Committee.
(l) FAA Defined.--In this section, the term ``FAA'' means
the Federal Aviation Administration.
SEC. 308. ESTABLISHING A COMPREHENSIVE WEB-BASED AVIATION
RESOURCE CENTER.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall partner with the National
Center for the Advancement of Aerospace (in this section
referred to as the ``Center'') to establish a high-quality,
web-based resource center that provides stream-lined public
access to information sources on the following:
(1) Aviation pathway programs and professional development
opportunities.
(2) Aviation apprenticeship, scholarship, and internship
programs.
(3) Aviation-related curricula and resources about aviation
occupations and career pathways developed for students,
teachers, and guidance counselors at all levels of education.
(4) Aviation industry organizations.
(b) Leveraging FAA Education, Research, and Partnership
Programs.--In carrying out subsection (a)(3), the
Administrator and the Executive Director of the Center, in
partnership with museums, nonprofit organizations, and
commercial entities, shall, to the maximum extent
practicable, leverage field and regional offices of the
Federal Aviation Administration, the Mike Monroney
Aeronautical Center, the William J. Hughes Technical Center
for Advanced Aerospace, Air Transportation Centers of
Excellence, and the Aviation and Space Education program of
the Federal Aviation Administration to develop an array of
educational and informative aviation-related educational
activities and materials for students of varying ages and
levels of education to use in the classroom, for after-school
programs and at home.
(c) Briefing.--Not later than 2 year after the date of the
enactment of this Act, the Administrator shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Technology of the Senate on--
(1) the web-based aviation resource center established
under subsection (a); and
(2) the manner in which the education development and
engagement activities of the Federal Aviation Administration
are organized and funded.
SEC. 309. DIRECT HIRE AUTHORITY FROM UAS COLLEGIATE TRAINING
INITIATIVE.
(a) In General.--The Administrator of the Federal Aviation
Administration may hire individuals from eligible
institutions of higher education under the Unmanned Aircraft
System Collegiate Training Initiative (in this section
referred to as ``UAS CTI''), as established in section 632 of
the FAA Reauthorization Act of 2018 (49 U.S.C. 40101 note),
without regard to--
(1) sections 3309 through 3318 of title 5, United States
Code;
(2) part 211 of title 5, Code of Federal Regulations; or
(3) subpart A of part 337 of title 5, Code of Federal
Regulations.
(b) Eligibility.--Individuals eligible for employment by
the Administrator under subsection (a) shall--
(1) be in good standing or have graduated in good standing
from an institution of higher education with a signed
memorandum of understanding under the UAS CTI;
(2) hold or have completed the majority of a related
Bachelors or Associates degree, as described by the
eligibility requirements of the UAS CTI;
(3) have completed all requirements for a related minor,
concentration, or certificate, as described by the
eligibility requirements of the UAS CTI; or
(4) meet any other criteria as considered appropriate by
the Administrator.
(c) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
such term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(2) Good standing.--The term ``good standing'' means in
good standing, as determined by the applicable institution of
higher education.
(d) Sunset.--The authority of the Administrator under this
section shall terminate on September 30, 2028.
Subtitle B--Improving Training and Rebuilding Talent Pipelines
SEC. 311. JOINT AVIATION EMPLOYMENT TRAINING WORKING GROUP.
(a) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Transportation
shall establish an interagency working group (in this section
referred to as the ``working group'') to advise the Secretary
of Transportation and the Secretary of Defense on matters and
policies related to the training and certification of a
covered aviation professional to improve career transition
between the military and civilian workforces.
(b) Membership.--
(1) In general.--The working group shall consist of--
(A) 2 co-chairs described in paragraph (2);
(B) not less than 6 representatives of the Federal Aviation
Administration, to be appointed by the co-chair described in
paragraph (2)(A); and
(C) not less than 1 representative of each component of the
armed forces (as such term is defined in section 101 of title
10, United States Code), to be appointed by the co-chair
described in paragraph (2)(B).
(2) Co-chairs.--The working group shall be co-chaired by--
(A) a representative of the Department of Transportation,
to be appointed by the Secretary of Transportation; and
(B) a representative of the Department of Defense, to be
appointed by the Secretary of Defense.
(c) Activities.--The working group shall--
(1) evaluate and compare all regulatory requirements,
guidance, and orders affecting covered aviation professionals
and identify challenges that inhibit recruitment, training,
and retention within the respective workforces of such
professionals; and
(2) assess appropriate areas for increased interagency
information sharing and harmonization across workforces on
matters related to certification pathways and certification
requirements, including knowledge testing, affecting covered
aviation professionals.
(d) Initial Report to Congress.--
(1) In general.--Not later than 1 year after the date on
which the Secretary of Transportation establishes the working
group, the working group shall submit to the appropriate
committees of Congress an initial report on the activities of
the working group.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a detailed description of the findings of the working
group pursuant to the activities required under subsection
(c); and
(B) recommendations for regulatory, policy, or legislative
action to improve the training and certification of covered
aviation professionals across the civilian and military
workforces.
(e) Annual Reporting.--Not later than 1 year after the date
on which the working group submits the initial report under
subsection (d), and annually thereafter, the working group
shall submit to the appropriate committees of Congress a
report--
(1) describing the continued activities of the working
group;
(2) describing any progress made by the Secretary of
Transportation or Secretary of Defense in implementing the
recommendations described in subsection (d)(2)(B); and
(3) containing any other recommendations the working group
may have with respect to efforts to improve the employment
and training of covered aviation professionals in the
civilian and military workforces.
(f) Sunset.--The working group shall terminate on the date
that is 4 years after the date
[[Page H3741]]
on which the working group submits the initial report to
Congress pursuant to subsection (d).
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services of the House of
Representatives;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(D) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) Covered aviation profession.--The term ``covered
aviation professional'' means--
(A) an airman;
(B) an aircraft maintenance and repair technician;
(C) an air traffic controller; and
(D) any other aviation-related professional that has
comparable tasks and duties across the civilian and military
workforces, as determined jointly by the co-chairs of the
working group.
SEC. 312. AIRMAN KNOWLEDGE TESTING WORKING GROUP.
(a) Working Group.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall task the Aviation Rulemaking
Advisory Committee to establish a working group to review
knowledge testing processes and procedures to improve the
facilitation, administration, and accessibility of knowledge
tests.
(b) Activities.--The working group established pursuant to
subsection (a) shall--
(1) assess methods to increase knowledge testing capacity,
including through--
(A) the adoption of alternative proctoring methods; and
(B) increased utilization of pilot schools that hold a
pilot school certificate under part 141 of title 14, Code of
Federal Regulations, and aviation maintenance technician
schools governed under part 147 of title 14, Code of Federal
Regulations; and
(2) evaluate the following:
(A) The management and provision of knowledge tests by
testing centers.
(B) The testing registration process for students.
(C) Student access to knowledge tests.
(D) Fees associated with knowledge tests.
(E) The accuracy of public sample knowledge tests available
to students.
(F) Development and maintenance of knowledge tests and
forms.
(c) Mechanic General Knowledge Test.--In addition to the
activities under subsection (b), the Aviation Rulemaking
Advisory Committee shall task the working group established
pursuant to subsection (a) with assessing opportunities to
allow a high school student upon successful completion of an
aviation maintenance curriculum to take the general written
knowledge portion of the mechanic exam described in section
65.75 of title 14, Code of Federal Regulations, at an
Administration-approved testing center.
(d) Report.--Not later than 18 months after the Aviation
Rulemaking Advisory Committee tasks the working group under
subsection (a), the working group shall submit to the
Administrator a final report making recommendations to
improve the facilitation, administration, and accessibility
of knowledge tests.
(e) Definitions.--In this section:
(1) High school.--The term ``high school'' has the meaning
given such term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Knowledge test.--The term ``knowledge test'' means a
test prescribed under parts 61 and 65 of title 14, Code of
Federal Regulations.
(3) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 313. AIRMAN CERTIFICATION SYSTEM WORKING GROUP AND
TIMELY PUBLICATION OF STANDARDS.
(a) Working Group.--The Administrator of the Federal
Aviation Administration shall task the Airman Certification
System Working Group established under the Aviation
Rulemaking Advisory Committee of the Administration to review
Airman Certification Standards to ensure that airman
proficiency and knowledge correlates and corresponds to
regulations, procedures, equipment, aviation infrastructure,
and safety trends at the time of such review.
(b) ACS Publication.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall publish on the website
of the Administration--
(1) the process by which the Airman Certification Standards
are to be established, updated, and maintained;
(2) the process by which relevant guidance documents,
handbooks, and test materials associated with such standards
are to be established, updated, and maintained; and
(3) any anticipated or required updates to such standards,
including providing a date by which such modifications can be
expected to be completed and made available to the public.
SEC. 314. AIR TRAFFIC CONTROL WORKFORCE STAFFING.
(a) Responsibility for Controller Workforce Plan.--
(1) Air traffic controller staffing initiatives and
analysis.--Section 221 of the Vision 100-Century of Aviation
Reauthorization Act (49 U.S.C. 44506 note) is amended by
striking ``Administrator of the Federal Aviation
Administration'' and inserting ``Chief Operating Officer of
the Air Traffic Organization of the Federal Aviation
Administration''.
(2) Staffing report.--Section 44506(e) of title 49, United
States Code, is amended in the matter before paragraph (1) by
striking ``Administrator of the Federal Aviation
Administration'' and inserting ``Chief Operating Officer of
the Air Traffic Organization of the Federal Aviation
Administration''.
(b) Maximum Hiring.--Subject to the availability of
appropriations, for each of fiscal years 2024 through 2027,
the Administrator of the Federal Aviation Administration
shall set as the hiring target for new air traffic
controllers (excluding individuals described in section
44506(f)(1)(A) of title 49, United States Code) the maximum
number of individuals able to be trained at the Federal
Aviation Administration Academy.
(c) Hiring and Staffing.--The Chief Operating Officer of
the Federal Aviation Administration shall revise the air
traffic control hiring plans and staffing standards of the
Administration to--
(1) provide that the controller and management workforce is
adequately staffed to safely and efficiently manage and
oversee the air traffic control system to the satisfaction of
the Chief Operating Officer;
(2) account for the target number of certified professional
controllers able to control traffic at each independent
facility; and
(3) avoid any required or requested reduction of national
airspace system capacity or aircraft operations as a result
of inadequate air traffic control system staffing.
(d) Interim Adoption of Collaborative Resource Workgroup
Models.--
(1) In general.--In carrying out subsection (c) and in
submitting a Controller Workforce Plan of the Administration
published after the date of enactment of this Act, the Chief
Operating Officer shall adopt and utilize the staffing models
and methodologies developed by the Collaborative Resource
Workgroup that were recommended in a report submitted to the
Administrator and referenced in the Controller Workforce Plan
submitted to Congress on May 5, 2023.
(2) Sunset.--The requirement under paragraph (1) shall
cease to be effective upon the adoption of a staffing model
required under subsection (f).
(e) Assessment.--
(1) Review.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall enter into an
agreement with the Transportation Research Board to--
(A) compare the Administration's staffing models and
methodologies in determining staffing standards targets with
those developed by the Collaborative Resource Workgroup,
including--
(ii) the availability factor multiplier and other formula
components; and
(iii) the independent facility staffing targets of
certified professional controllers able to control traffic;
and
(B) assess future needs of the air traffic control system
and potential impacts on staffing standards.
(2) Report.--
(A) Findings.--In carrying out this subsection, the
Transportation Research Board shall--
(i) report to the Administrator and Congress on the
findings of the review under this subsection; and
(ii) determine which staffing models and methodologies best
accounts for the operational staffing needs of the air
traffic control system and provide a justification for such
determination.
(B) Modifications to identified model.--The Transportation
Research Board may make recommendations to improve the
staffing model described in (2)(A)(ii).
(3) Consultation.--In conducting the assessment under this
subsection, the Transportation Research Board shall consult
with--
(A) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(B) Administration officials and executives;
(C) front line managers of the air traffic control system;
(D) managers and employees responsible for training air
traffic controllers;
(E) the MITRE Corporation;
(F) the Chief Operating Officer of the Air Traffic
Organization of the Federal Aviation Administration; and
(G) users of the air traffic control system.
(f) Required Implementation of Identified Staffing Model.--
The Administrator shall take such action that may be
necessary to adopt and utilize the staffing model identified
by the Transportation Research Board pursuant to subsection
(e)(2)(A)(ii), including any recommendations for improving
such model.
(g) Controller Training.--In any Controller Workforce Plan
of the Administration published after the date of enactment
of this Act, the Chief Operating Officer shall--
(1) identify all limiting factors on the Administration's
ability to hire and train controllers in line with the
staffing standards target set out in such Plan; and
(2) describe what actions the Administration will take to
rectify any impediments to meeting staffing standards targets
and identify contributing factors that are outside the
control of the Administration.
SEC. 315. AVIATION SAFETY WORKFORCE ASSESSMENT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall assess, on a recurring basis, staffing
levels, critical competencies, and skills gaps of safety
critical positions in the Flight Standards Service and
Aircraft Certification Service and within other offices of
the Administration that support such services.
(b) Considerations.--In completing the assessment described
in subsection (a), the Administrator shall--
(1) evaluate the workload at the time of the assessment,
historic workload, and estimated future workload of such
personnel;
[[Page H3742]]
(2) conduct a critical competency and skills gap analysis
to determine the knowledge and skill sets needed for work at
the time of the assessment and anticipated work, with an
emphasis on work pertaining to--
(A) new and novel aircraft propulsion and power methods;
(B) simplified vehicle operations and human factors; and
(C) autonomy, machine learning, and artificial
intelligence;
(3) compare the outcome of such analysis described in
paragraph (2) to the competency and skills of the workforce
at the time of the assessment; and
(4) review opportunities for employees of the
Administration to gain or enhance expertise, knowledge,
skills, and abilities through cooperative training with
appropriate companies and organizations; and
(5) develop hiring and recruitment plans to--
(A) address hard to fill positions; and
(B) address competency and skill gaps at various levels of
experience and management within Flight Standards Service and
Aircraft Certification Service.
(c) Report.--Upon completion of an assessment described in
subsection (a), the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing the
following:
(1) The methodology and findings of the assessment
described in subsection (a), including an analysis of hiring
authorities of the Administration at the time of the
assessment, including direct hiring authorities, by
occupation series for inspector, engineer, and other safety
critical positions within Flight Standards Service and
Aircraft Certification Service.
(2) Action based recommendations the Administration can
take to improve--
(A) the Aviation Safety Workforce Plan;
(B) the skill sets and competencies of inspectors,
engineers, and other safety critical positions at the time of
the assessment;
(C) competition with industry and other non-aviation
sectors for candidates with identified competencies and
technical skill sets; and
(D) overall hiring and retention of inspectors, engineers,
and other critical positions.
(3) Actions Congress can take to improve the recruitment,
hiring, upskilling, and retention of inspectors, engineers,
and other safety critical positions in Flight Standards
Service and Aircraft Certification Service and within other
offices of the Administration that support such services.
(d) Safety Critical Position Defined.--In this section, the
term ``safety critical position'' means--
(1) an aviation safety inspector, an aviation safety
specialist (denoted by the Administration as 1801 series), an
aviation safety technician, and an operations support
position in the Flight Standards Service; and
(2) a manufacturing safety inspector, a pilots, an
engineer, a Chief Scientist Technical Advisor, an aviation
safety specialist (denoted by the Administration as 1801
series), a safety technical specialist, and an operational
support position in the Aircraft Certification Service.
SEC. 316. MILITARY AVIATION MAINTENANCE.
(a) Streamlined Certification for Eligible Military
Maintenance Technicians.--Not later than 1 year after the
interagency working group in section 311 of this Act is
convened, the Administrator of the Federal Aviation
Administration shall task such working group with evaluating
the appropriateness of revising part 65 of title 14, Code of
Federal Regulations, to--
(1) create a mechanic written competency test for eligible
military maintenance technicians;
(2) develop, as necessary, a relevant Airman Certification
Standard to qualify eligible military maintenance technicians
for a mechanic certificate issued by the Federal Aviation
Administration with an airframe rating or a powerplant
rating, or both; and
(3) allow a certificate of eligibility from the Joint
Services Aviation Maintenance Technician Certification
Council (in this section referred to as the ``JSAMTCC'')
evidencing completion of a training curriculum for any rating
sought to serve as a substitute to fulfill the requirement
under such part 65 for oral and practical tests administered
by a designated mechanic examiner for eligible military
maintenance technicians.
(b) Final Rule.--If the working group finds that revising
part 65 of title 14, Code of Federal Regulations, as
described in section (a) is appropriate, not later than 1
year after the finding, the Administrator shall issue a final
rule that revises part 65 of title 14, Code of Federal
Regulations, as described in subsection (a).
(c) Aeronautical Knowledge Subject Areas.--
(1) In general.--The military mechanic written competency
test and Airman Certification Standard described in
subsection (a)(1) and subsection (a)(2), respectively, shall
focus on the aeronautical knowledge subject areas contained
in the Aviation Mechanic General, Airframe, and Powerplant
Airman Certificate Standards, as appropriate to the rating
sought.
(2) Identification of subject areas.--The aeronautical
knowledge subject areas described in paragraph (1) shall be
identified in consultation with industry stakeholders and the
Airman Certification System Working Group.
(d) Expansion of Testing Locations.--The interagency
working group described in subsection (a) shall determine
whether an expansion of the number of active testing
locations operated within military installation testing
centers would increase access to testing, as well as how to
implement such expansion.
(e) Outreach and Awareness.--The interagency working group
described in subsection (a) shall develop a plan to increase
outreach and awareness regarding--
(1) the services made available by the JSAMTCC; and
(2) the military mechanic written competency test described
in subsection (a), if appropriate.
(f) Eligible Military Maintenance Technician Defined.--In
this section, the term ``eligible military maintenance
technician'' means an individual who is a current or former
military aviation maintenance technician who was honorably
discharged or has retired from the armed forces (as such term
is defined in section 101 of title 10, United States Code).
Subtitle C--Engaging and Retaining the Workforce
SEC. 321. AIRMAN'S MEDICAL BILL OF RIGHTS.
(a) In General.--
(1) Development.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a document (in this
section referred to as the ``Airman's Medical Bill of
Rights'') detailing the right of an individual before,
during, and after a medical exam conducted by an Aviation
Medical Examiner.
(2) Contents.--The Airman's Medical Bill of Rights required
under paragraph (1) shall, at a minimum, contain information
about the right of an individual to--
(A) bring a trusted companion or request to have a
chaperone present for a medical exam;
(B) terminate an exam at any time and for any reason;
(C) receive care with respect and recognition of the
dignity of the individual;
(D) be assured of privacy and confidentiality;
(E) select an Aviation Medical Examiner without
interference;
(F) privacy when changing, undressing, and using the
restroom;
(G) ask questions about the health status of the individual
or any suggested treatments or evaluations, and to have such
questions fully answered;
(H) report an incident of misconduct by an Aviation Medical
Examiner to the appropriate authorities, including to the
State licensing board of the Aviation Medical Examiner or the
Federal Aviation Administration;
(I) report to the Administrator an allegation regarding
alleged Aviation Medical Examiner misconduct without fear of
retaliation or negative action relating to an airman
certificate of the individual; and
(J) be advised of any known conflicts of interest an
Aviation Medical Examiner may have with respect to the care
of the individual.
(3) Public availability.--The Airman's Medical Bill of
Rights required under paragraph (1) shall be--
(A) made available to, and acknowledged by, an individual
in the MedXpress system;
(B) made available in a hard-copy format by an Aviation
Medical Examiner at the time of exam upon request by an
individual; and
(C) displayed in a common space in the office of the
Aviation Medical Examiner.
(b) Expectations for Medical Examinations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop a
simplified document explaining the standard procedures
performed during a medical examination conducted by an
Aviation Medical Examiner.
(2) Public availability.--The document required under
paragraph (1) shall be--
(A) made available to, and acknowledged by, an individual
in the MedXpress system;
(B) made available in a hard-copy format by an Aviation
Medical Examiner at the time of exam upon request by an
individual; and
(C) displayed in a common space in the office of the
Aviation Medical Examiner.
SEC. 322. IMPROVED DESIGNEE MISCONDUCT REPORTING PROCESS.
(a) Improved Designee Misconduct Reporting Process.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a streamlined process
for individuals involved in incidents of alleged misconduct
by a designee to report such incidents in a manner that
protects the privacy and confidentiality of such individuals.
(2) Public access to reporting process.--The process for
reporting alleged misconduct by a designee shall be made
available to the public on the website of the Administration,
including--
(A) the designee locator search webpage; and
(B) the webpage of the Office of Audit and Evaluation of
the Federal Aviation Administration.
(3) Obligation to report criminal charges.--Not later than
90 days after the date of enactment of this Act, the
Administrator shall revise the orders and policies governing
the Designee Management System to clarify that designees are
obligated to report any arrest, indictment, or conviction for
violation of a local, State, or Federal law within a period
of time specified by the Administrator.
(4) Audit of reporting process by inspector general.--
(A) In general.--Not later than 3 years after the date on
which the Administrator finalizes the update of the reporting
process under paragraph (1), the inspector general of the
Department of Transportation shall conduct an audit of such
reporting process.
(B) Contents.--In conducting the audit of the reporting
process described in subparagraph (A), the inspector general
shall, at a minimum--
(i) review the efforts of the Administration to improve the
reporting process and solutions developed to respond to and
investigate allegations of misconduct;
(ii) analyze reports of misconduct brought to the
Administrator prior to any changes made to
[[Page H3743]]
the reporting process as a result of the enactment of this
Act, including the ultimate outcomes of those reports and
whether any reports resulted in the Administrator taking
action against the accused designee;
(iii) determine whether the reporting process results in
appropriate action, including reviewing, investigating, and
closing out reports; and
(iv) if applicable, make recommendations to improve the
reporting process.
(C) Report.--Not later than 1 year after the date of
initiation of the audit described in subparagraph (A), the
inspector general shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of such
audit, including findings and recommendations.
(b) Designee Defined.--In this section, the term
``designee'' means an individual who has been designated to
act as a representative of the Administrator as--
(1) an Aviation Medical Examiner (as described in section
183.21 of title 14, Code of Federal Regulations);
(2) a pilot examiner (as described in section 183.23 of
such title); or
(3) a technical personnel examiner (as described in section
183.25 of such title).
SEC. 323. REPORT ON SAFE UNIFORM OPTIONS FOR CERTAIN AVIATION
EMPLOYEES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall conduct a review to determine whether
air carriers operating under part 121 of title 14, Code of
Federal Regulations, and repair stations certificated under
part 145 of such title have in place uniform policies and
uniform offerings that ensure pregnant employees can perform
required duties safely.
(b) Consultation.--In conducting the review required under
subsection (a), the Administrator shall consult with air
carriers and repair stations described in subsection (a) and
employees of such air carriers and such stations who are
required to adhere to a uniform policy.
(c) Briefing.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the results of the review
required under subsection (a).
SEC. 324. EXTENSION OF SAMYA ROSE STUMO NATIONAL AIR GRANT
FELLOWSHIP PROGRAM.
Section 131(d) of the Aircraft Certification, Safety, and
Accountability Act (49 U.S.C. 40101 note) is amended by
striking ``fiscal years 2021 through 2025'' and inserting
``fiscal years 2023 through 2028''.
SEC. 325. PROMOTION OF CIVIL AERONAUTICS AND SAFETY OF AIR
COMMERCE.
Section 40104 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``In carrying out'' and
all that follows through ``other interested organizations.'';
(2) by redesignating subsection (d) as subsection (e);
(3) by redesignating subsection (b) as subsection (d); and
(4) by redesignating subsection (c) as subsection (b) and
reordering the subsections accordingly.
SEC. 326. EDUCATIONAL AND PROFESSIONAL DEVELOPMENT.
Section 40104 of title 49, United States Code, is further
amended by inserting after subsection (b) (as redesignated by
section 325) the following:
``(c) Educational and Professional Development.--
``(1) In general.--In carrying out subsection (a), the
Administrator shall support and undertake efforts, including
through the National Center for the Advancement of Aerospace,
to promote and support the education of current and future
aerospace professionals.
``(2) Education materials.--Based on the availability of
resources, the Administrator shall distribute civil aviation
information, and educational materials, and provide expertise
to State and local school administrators, college and
university officials, and officers of other interested
organizations and entities.
``(3) Support for professional development and continuing
education.--To the extent a nonprofit organization,
association, industry group, educational institution,
collective bargaining unit, governmental organization, or
other entity that organizes or hosts a lecture, conference,
convention, meeting, round table, or any other type of
program with the purpose of sharing educational information
related to aerospace with a broad audience, the Administrator
shall--
``(A) strongly consider accepting an invitation to attend,
present, and contribute to content generation; and
``(B) make efforts to share information each year, putting
a particular emphasis on reaching audiences consisting of
representatives of the Administrator and entities regulated
entities by the Administrator.
``(4) Content.--In planning for the opportunities under
paragraph (3), the Administrator shall maintain presentations
and content covering topics of broad relevance, including--
``(A) ethical decision-making and the responsibilities of
aerospace professionals;
``(B) managing a workforce, encouraging proper reporting of
prospective safety issues, and educating employees on safety
management systems; and
``(C) responsibilities as a designee or representative of
the Administrator.''.
SEC. 327. HUMAN FACTORS PROFESSIONALS.
The Administrator of the Federal Aviation Administration
shall establish a new work code for human factors
professionals who--
(1) perform work involving the design and testing of
technologies, processes, and systems which require effective
and safe human performance;
(2) generate and apply theories, principles, practical
concepts, systems, and processes related to the design and
testing of technologies, systems, and training programs to
support and evaluate human performance in work contexts; and
(3) meet education or experience requirements as determined
by the Administrator.
SEC. 328. AEROMEDICAL INNOVATION AND MODERNIZATION WORKING
GROUP.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a working group (in
this section referred to as the ``working group'') to review
the medical processes, policies, and procedures of the
Administration and to make recommendations to the
Administrator on modernizing such processes, policies, and
procedures to ensure timely and efficient certification of
airmen.
(b) Membership.--
(1) In general.--The working group shall consist of--
(A) 2 co-chairs described in paragraph (2); and
(B) not less than 15 individuals appointed by the
Administrator, each of whom shall have knowledge or a
background in aerospace medicine, psychology, neurology,
cardiology, or internal medicine.
(2) Co-chairs.--The working group shall be co-chaired by--
(A) the Federal Air Surgeon of the Federal Aviation
Administration; and
(B) a member described under paragraph (1)(A) to be
selected by members of the working group.
(3) Preference.--The Administrator, in appointing members
pursuant to paragraph (1)(B), shall give preference to--
(A) Aviation Medical Examiners (as described in section
183.21 of title 14, Code of Federal Regulations);
(B) licensed medical physicians;
(C) practitioners holding a pilot certificate;
(D) individuals having demonstrated research and expertise
in aeromedical research or sciences; and
(E) representatives of organizations with memberships
affected by the medical processes, policies, and procedures
of the Administration.
(c) Activities.--In reviewing the aeromedical decision-
making processes, policies, and procedures of the
Administration in accordance with subsection (a), the working
group, at a minimum, shall--
(1) assess the medical conditions an Aviation Medical
Examiner may issue a medical certificate directly to an
individual;
(2) determine the appropriateness of expanding the list of
such medical conditions;
(3) assess the special issuance process;
(4) determine whether the renewal of a special issuance can
be based on a medical evaluation and treatment plan by the
treating medical specialist of the individual with
concurrence from an Aviation Medical Examiner;
(5) evaluate advancements in technologies to address forms
of red-green color blindness;
(6) determine whether such technologies may be approved for
use by airmen;
(7) review policies and guidance relating to Attention-
Deficit Hyperactivity Disorder and Attention Deficit
Disorder;
(8) evaluate whether medications used to treat such
disorders may be safely prescribed to an airman;
(9) review protocols pertaining to the Human Intervention
Motivation Study of the Federal Aviation Administration;
(10) review protocols and policies relating to--
(A) neurological disorders; and
(B) cardiovascular conditions to ensure alignment with
medical best practices, latest research;
(11) review mental health protocols, including mental
health conditions such as depression and anxiety;
(12) evaluate medications approved for treating such mental
health conditions;
(13) assess processes and protocols pertaining to
recertification of an airman receiving disability insurance
post-recovery from the medical condition, injury, or
disability that precludes an airman from exercising the
privileges of an airman certificate; and
(14) assess processes and protocols pertaining to the
certification of veterans reporting a disability rating from
the Department of Veterans Affairs.
(d) Pilot Mental Health Task Group.--
(1) Establishment.--Not later than 120 days after the
working group pursuant to subsection (a) is established, the
co-chairs of such working groups shall establish a pilot
mental health task group (referred to in this subsection as
the ``task group'') to develop and provide recommendations
related to supporting the mental health of aircraft pilots.
(2) Composition.--The co-chairs of such working group shall
appoint--
(A) a Chair of the task group; and
(B) members of the task group from among the members of the
working group appointed by the Administrator under subsection
(b)(1).
(3) Duties.--The duties of the task group shall include--
(A) carrying out the activities described in subsection
(c)(11) and subsection (c)(12);
(B) reviewing and evaluating guidance issued by the
International Civil Aviation Organization on pilot mental
health; and
(C) providing recommendations for--
(i) best practices for detecting, assessing, and reporting
mental health conditions and treatment options as part of
pilot aeromedical assessments;
[[Page H3744]]
(ii) improving the training of aviation medical examiners
to identify mental health conditions among pilots, including
guidance on referrals to a mental health provider or other
aeromedical resource;
(iii) expanding and improving mental health outreach,
education, and assistance programs for pilots; and
(iv) reducing the stigma of assistance for mental health in
the aviation industry.
(4) Report.--Not later than 2 years after the date of the
establishment of the task group, the task group shall submit
to the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate a report detailing--
(A) the results of the review and evaluation under
paragraph (3)(A); and
(B) recommendations developed pursuant to paragraph (3)(C).
(d) Support.--The Administrator shall seek to enter into
one or more agreements with the National Academies to support
the activities of the working group described in subsection
(c).
(e) Findings; Recommendations.--
(1) Findings.--The working group shall report annually to
the Administrator, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate on findings resulting from the activities carried out
pursuant to subsection (c).
(2) Recommendations.--Findings reported pursuant to
paragraph (1) shall be accompanied by recommendations for
regulatory, policy, or legislative action to improve or
modernize the medical certification and aeromedical
processes, procedures, and policies of the Administration.
(f) Implementation.--The Administrator shall implement, as
appropriate, the recommendations of the working group.
(g) Sunset.--The working group shall terminate on September
30, 2028.
SEC. 329. FRONTLINE MANAGER WORKLOAD STUDY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Chief Operating Officer of the Air
Traffic Organization of the Federal Aviation Administration
shall conduct a study on frontline manager workload
challenges in air traffic control facilities.
(b) Considerations.--In conducting the study required under
subsection (a), the Chief Operating Officer may--
(1) consider--
(A) workload challenges including--
(i) the managerial tasks expected to be performed by
frontline managers, including employee development,
management, and counseling;
(ii) the number of supervisory positions of operations
requiring watch coverage in each air traffic control
facility;
(iii) the complexity of traffic and managerial
responsibilities; and
(iv) proficiency and training requirements;
(B) facility type;
(C) facility staffing levels; and
(D) any other factors as the Chief Operating Officer
considers appropriate; and
(2) describe recommendations for updates to the Frontline
Manager's Quick Reference Guide that reflect current
operational standards.
(c) Briefing.--Not later than 3 years after the date of
enactment of this Act, the Chief Operating Officer shall
brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the results of
the study conducted under subsection (a).
SEC. 330. AGE STANDARDS FOR PILOTS.
Section 44729 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Subject to the limitation in subsection
(c), a'' and inserting ``A''; and
(B) by striking ``65'' and inserting ``67'';
(2) in subsection (b)(1) by striking ``; or'' and inserting
``, unless the operation takes place in airspace where such
operations are not permitted; or'';
(3) by striking subsection (c) and redesignating
subsections (d) through (h) as subsections (c) through (g),
respectively;
(4) in subsection (c), as so redesignated--
(A) in the heading by striking ``60'' and inserting ``65'';
(B) by striking ``the date of enactment of this section,''
and inserting ``the date of enactment of the Securing Growth
and Robust Leadership in American Aviation Act,'';
(C) by striking ``section 121.383(c)'' and inserting
``subsections (d) and (e) of section 121.383''; and
(D) by inserting ``(or any successor regulations)'' after
``Regulations'';
(5) in subsection (d), as so redesignated--
(A) by striking paragraph (1) and inserting the following:
``(1) Retroactivity.--A person who has attained 65 years of
age on or before the date of enactment of the Securing Growth
and Robust Leadership in American Aviation Act may return to
service as a pilot for an air carrier engaged in covered
operations.''; and
(B) in paragraph (2) by striking ``section, taken in
conformance with a regulation issued to carry out this
section, or taken prior to the date of enactment of this
section in conformance with section 121.383(c) of title 14,
Code of Federal Regulations (as in effect before such date of
enactment), may'' and inserting ``section or taken in
conformance with a regulation issued to carry out this
section, may''; and
(6) by adding at the end the following:
``(h) Savings Clause.--An air carrier engaged in covered
operations described in subsection (b)(1) on or after the
date of enactment of the Securing Growth and Robust
Leadership in American Aviation Act may not require employed
pilots to serve in such covered operations after attaining 65
years of age.''.
TITLE IV--AIRPORT INFRASTRUCTURE
Subtitle A--Airport Improvement Program Modifications
SEC. 401. AIP DEFINITIONS.
(a) In General.--Section 47102 of title 49, United States
Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) `air carrier' has the meaning given the term in
section 40102.'';
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (i) by striking ``and'' at the end;
(ii) in clause (ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) a secondary runway at a nonhub airport that is
equivalent in size and type to the primary runway of such
airport.'';
(B) in subparagraph (B)(iii) by inserting ``and fuel
infrastructure'' after ``surveillance equipment'';
(C) in subparagraph (E) by striking ``after December 31,
1991,'';
(D) in subparagraph (K) by striking ``if the airport is
located in an air quality nonattainment or maintenance area
(as defined in sections 171(2) and 175A of the Clean Air Act
(42 U.S.C. 7501(2); 7505a)) and if the airport would be able
to receive emission credits, as described in section 47139'';
(E) in subparagraph (L) by striking ``the airport is
located in an air quality nonattainment or maintenance area
(as defined in sections 171(2) and 175A of the Clean Air Act
(42 U.S.C. 7501(2); 7505a)), if the airport would be able to
receive appropriate emission credits (as described in section
47139), and'';
(F) in subparagraph (P) by striking ``improve the
reliability and efficiency of the airport's power supply''
and inserting ``improve reliability and efficiency of the
airport's power supply or meet current and future electrical
power demand''; and
(G) by adding at the end the following:
``(S) construction or renovation of childcare facilities
for the exclusive use of airport employees or other
individuals who work on airport property, including for air
carriers and airport concessionaires.
``(T) advanced digital construction management systems and
related technology used in the planning, design and
engineering, construction, operations, and maintenance of
airport facilities.
``(U) an improvement of any runway, taxiway, or apron that
would be necessary to sustain commercial service flight
operations or permit the resumption of flight operations
under visual flight rules following a natural disaster at--
``(i) a primary airport; or
``(ii) a general aviation airport that is designated as a
Federal staging area by the Administrator of the Federal
Emergency Management Agency.
``(V) any other activity that the Secretary concludes will
reasonably improve or contribute to the maintenance of the
safety, efficiency, or capacity of the airport.'';
(3) in paragraph (5) by inserting after subparagraph (C)
the following:
``(D) assessing current and future electrical power
demand.'';
(4) by redesignating paragraphs (9), (10), (11), (12),
(13), (14), (15), (16), (17), (18), (19), (20), (21), (22),
(23), (24), (25), (26), (27), and (28) as paragraphs (10),
(11), (12), (13), (14), (15), (16), (17), (18), (19), (20),
(21), (22), (23), (24), (25), (26), (27), (28), and (29),
respectively;
(5) by inserting after paragraph (8) the following:
``(9) `heliport'--
``(A) means an area of land, water, or structure used or
intended to be used for the landing or takeoff of aircraft
capable of vertical takeoff and landing profiles; and
``(B) includes a vertiport.'';
(6) in paragraph (28) (as so redesignated) by striking
``the Trust Territory of the Pacific Islands,'';
(7) in paragraph (29)(B) (as so redesignated) by striking
``described in section 47119(a)(1)(B)'' and inserting ``for
moving passengers and baggage between terminal facilities and
between terminal facilities and aircraft''; and
(8) by adding at the end the following:
``(30) `vertiport' means an area of land, water, or
structure used or intended to be used for the landing or
takeoff of powered-lift aircraft capable of vertical takeoff
and landing profiles.''.
(b) Conforming Amendment.--Section 47127(a) of title 49,
United States Code, is amended by striking ``air carrier
airport'' and inserting ``commercial service airport''.
SEC. 402. REVENUE DIVERSION PENALTY ENHANCEMENT.
(a) In General.--Section 47107 of title 49, United States
Code, is amended--
(1) in subsection (m)(4) by striking ``an amount equal to''
and inserting ``an amount equal to double''; and
(2) in subsection (n)(1) by striking ``an amount equal to''
and inserting ``an amount equal to double''.
(b) Applicability.--The amendments made by subsection (a)
shall not apply to any illegal diversion of airport revenues
(as described in section 47107(m) of title 49, United States
Code) that occurred prior to the date of enactment of this
Act.
SEC. 403. EXTENSION OF COMPETITIVE ACCESS REPORT REQUIREMENT.
Section 47107(r)(3) of title 49, United States Code, is
amended by striking ``2023'' and inserting ``2028''.
SEC. 404. RENEWAL OF CERTAIN LEASES.
Section 47107(t)(2) of title 49, United States Code, is
amended--
[[Page H3745]]
(1) in subparagraph (A) by striking ``the date of enactment
of this subsection'' and inserting ``October 7, 2016''; and
(2) by striking subparagraph (D) and inserting the
following:
``(D) that--
``(i) supports the operation of military aircraft by the
Air Force or Air National Guard--
``(I) at the airport; or
``(II) remotely from the airport; or
``(ii) is for the use of nonaeronautical land or facilities
of the airport by the National Guard.''.
SEC. 405. COMMUNITY USE OF AIRPORT LAND.
Section 47107(v) of title 49, United States Code, is
amended to read as follows:
``(v) Community Use of Airport Land.--
``(1) In general.--Notwithstanding subsections (a)(13),
(b), and (c), and subject to paragraph (2), the sponsor of a
public-use airport shall not be considered to be in violation
of this subtitle, or to be found in violation of a grant
assurance made under this section, or under any other
provision of law, as a condition for the receipt of Federal
financial assistance for airport development, solely because
the sponsor has--
``(A) entered into an agreement, including a revised
agreement, with a local government providing for the use of
airport property for an interim compatible recreational
purpose at below fair market value; or
``(B) permanently restricted the use of airport property to
compatible recreational and public park use without paying or
otherwise obtaining payment of fair market value for the
property.
``(2) Restrictions.--
``(A) Interim compatible recreational purpose.--Paragraph
(1) shall apply, with respect to a sponsor that has taken the
action described in subparagraph (A) of such paragraph,
only--
``(i) to an agreement regarding airport property that was
initially entered into before the publication of the Federal
Aviation Administration's Policy and Procedures Concerning
the Use of Airport Revenue, dated February 16, 1999;
``(ii) if the agreement between the sponsor and the local
government is subordinate to any existing or future
agreements between the sponsor and the Secretary, including
agreements related to a grant assurance under this section;
``(iii) to airport property that was acquired under a
Federal airport development grant program;
``(iv) if the airport sponsor has provided a written
statement to the Administrator that the property made
available for a recreational purpose will not be needed for
any aeronautical purpose during the next 10 years;
``(v) if the agreement includes a term of not more than 2
years to prepare the airport property for the interim
compatible recreational purpose and not more than 10 years of
use for that purpose;
``(vi) if the recreational purpose will not impact the
aeronautical use of the airport;
``(vii) if the airport sponsor provides a certification
that the sponsor is not responsible for preparation, startup,
operations, maintenance, or any other costs associated with
the recreational purpose; and
``(viii) if the recreational purpose is consistent with
Federal land use compatibility criteria under section 47502.
``(B) Permanent recreational use.--Paragraph (1) shall
apply, with respect to a sponsor that has taken the action
described in subparagraph (B) of such paragraph, only--
``(i) to airport property that was purchased using funds
from a Federal grant for acquiring land issued prior to
December 30, 1987;
``(ii) to airport property that has been continuously used
as a recreational and public park 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 after such
statement is provided;
``(iv) if the recreational and public park use does 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 and
public park use;
``(vi) if the recreational purpose is consistent with
Federal land use compatibility criteria under section 47502;
``(vii) if, in the event the airport sponsor leases the
property, the lease will be to a local government entity or
nonprofit entity to operate and maintain the property at no
cost the airport sponsor; and
``(viii) if, in the event the airport sponsor sells the
property, the sale will be to a local government entity and
subject to a permanent deed restriction ensuring compatible
airport use under regulations issued pursuant to section
47502.
``(3) Revenue from certain sales of airport property.--
Notwithstanding any other provision of law, an airport
sponsor selling a portion of airport property as described in
paragraph (2)(B)(viii)(II) may--
``(A) sell such portion of airport property for less than
fair market value; and
``(B) subject to the requirements of subsection (b), retain
the revenue from the sale of such portion of airport
property.
``(4) Statutory construction.--Nothing in this subsection
may be construed as permitting a diversion of airport revenue
for the capital or operating costs associated with the
community use of airport land.''.
SEC. 406. PRICE ADJUSTMENT PROVISIONS.
Section 47108 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``47114(d)(3)(A) of this
title'' and inserting ``47114(d)(2)(A)'';
(2) by striking subsection (b) and inserting the following:
``(b) Increasing Government Share.--
``(1) In general.--Except as provided in paragraph (2) or
(3), the amount stated in an offer as the maximum amount the
Government will pay may not be increased when the offer has
been accepted in writing.
``(2) Exception.--For a project receiving assistance under
a grant approved under this chapter or chapter 475, the
amount may be increased--
``(A) for an airport development project, by not more than
15 percent; and
``(B) to acquire an interest in land for an airport (except
a primary airport), by not more than the greater of the
following, based on current creditable appraisals or a court
award in a condemnation proceeding:
``(i) 15 percent; or
``(ii) 25 percent of the total increase in allowable
project costs attributable to acquiring an interest in land.
``(3) Price adjustment provisions.--
``(A) In general.--The Secretary may incorporate a
provision in a project grant agreement under which the
Secretary agrees to pay more than the maximum amount
otherwise specified in the agreement if the Secretary finds
that commodity or labor prices have increased since the
agreement was made.
``(B) Decrease in costs.--A provision incorporated in a
project grant agreement under this paragraph shall ensure
that the Secretary realizes any financial benefit associated
with a decrease in material or labor costs for the
project.'';
(3) by striking subsection (c); and
(4) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 407. ALLOWABLE PROJECT COSTS AND LETTERS OF INTENT.
Section 47110 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1) by striking
``after May 13, 1946, and''; and
(B) in paragraph (1)--
(i) by inserting ``or preparing for'' after
``formulating''; and
(ii) by inserting ``utility relocation, work site
preparation,'' before ``and administration'';
(2) in subsection (d)(1) by striking ``section 47114(c)(1)
or 47114(d)'' and inserting ``section 47114 or distributed
from the small airport fund under section 47116'';
(3) in subsection (e)(2)(C) by striking ``commercial
service airport having at least 0.25 percent of the boardings
each year at all such airports'' and inserting ``medium hub
airport or large hub airport'';
(4) in subsection (h) by striking ``section
47114(d)(3)(A)'' and inserting ``section 47114(c)(1)(D) or
section 47114(d)(2)(A)''; and
(5) by striking subsection (i).
SEC. 408. SMALL AIRPORT LETTERS OF INTENT.
(a) In General.--Section 47110 of title 49, United States
Code, is further amended by adding at the end the following:
``(i) Small Airport Letters of Intent.--
``(1) In general.--The Secretary may issue a letter of
intent to a sponsor stating an intention to obligate an
amount from future budget authority for an airport
development project (including costs of formulating the
project) at a nonhub airport or an airport that is not a
primary airport. The letter shall establish a schedule under
which the Secretary will reimburse the sponsor for the
Government's share of allowable project costs, as amounts
become available, if the sponsor, after the Secretary issues
the letter, carries out the project without receiving amounts
under this subchapter.
``(2) Limitations.--The amount the Secretary intends to
obligate in a letter of intent issued under this subsection
shall not exceed the larger of--
``(A) the Government's share of allowable project costs; or
``(B) $10,000,000.
``(3) Financing.--Allowable project costs under paragraph
(1) may include costs associated with making payments for
debt service on indebtedness incurred to carry out the
project.
``(4) Requirements.--The Secretary shall only issue a
letter of intent under paragraph (1) if--
``(A) the sponsor notifies the Secretary, before the
project begins, of the sponsor's intent to carry out the
project and requests a letter of intent; and
``(B) the sponsor agrees to comply with all statutory and
administrative requirements that would apply to the project
if it were carried out with amounts made available under this
subchapter.
``(5) Assessment.--In reviewing a request for a letter of
intent under this subsection, the Secretary shall consider
the grant history of an airport, the airport's enplanements
or operations, and such other factors as the Secretary
determines appropriate.
``(6) Prioritization.--In issuing letters of intent under
this subsection, the Secretary shall--
``(A) prioritize projects that--
``(i) cannot reasonably be funded by an airport sponsor
using funds apportioned under section 47114(c),
47114(d)(2)(A)(i), or 47114(d)(6), including funds
apportioned under those sections in multiple fiscal years
pursuant to section 47117(b)(1); and
``(ii) are necessary to an airport's continued safe
operation or development; and
``(B) structure the reimbursement schedules under such
letters in a manner that minimizes unnecessary or undesirable
project segmentation.
``(7) Required use.--
[[Page H3746]]
``(A) In general.--Beginning in fiscal year 2028, and in
each fiscal year thereafter, the Secretary shall ensure that
not less than $100,000,000 is committed to be reimbursed in
such fiscal year pursuant to letters of intent issued under
this subsection.
``(B) Waiver.--The Secretary may waive the requirement
under subparagraph (A) for a fiscal year if the Secretary
determines there are insufficient letter of intent requests
that meet the requirements of paragraph (4). Upon such
waiver, the Secretary shall provide a briefing to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the reasons contributing
to the need for such waiver and the actions the Secretary
intends to take to ensure that there are sufficient letter of
intent requests that meet the requirements of paragraph (4)
in the fiscal year succeeding the fiscal year for which the
Secretary issued such waiver.
``(C) Restriction.--The total estimated amount of future
Government obligations covered by all outstanding letters of
intent under paragraph (1) may not be more than the amount
authorized to carry out section 48103 of this title, less an
amount reasonably estimated by the Secretary to be needed for
grants under section 48103 that are not covered by a letter.
``(8) No obligation or commitment.--A letter of intent
issued under this subsection is not an obligation of the
Government under section 1501 of title 31, and the letter is
not deemed to be an administrative commitment for financing.
An obligation or administrative commitment may be made only
as amounts are provided in authorization and appropriation
laws.
``(9) Limitation on statutory construction.--Nothing in
this section shall be construed to prohibit the obligation of
amounts pursuant to a letter of intent under this subsection
in the same fiscal year as the letter of intent is issued.''.
(b) Conforming Amendments.--
(1) Letters of intent.--Section 47110(e)(7) of title 49,
United States Code, is amended by striking ``under this
section'' and inserting ``under this subsection''.
(2) Priority for letters of intent.--Section 47115(h) of
title 49, United States Code, is amended by inserting ``prior
to fulfilling intentions to obligate under section 47110(i)''
after ``section 47110(e)''.
SEC. 409. PROHIBITION ON USE OF AIP FUNDS TO PROCURE CERTAIN
PASSENGER BOARDING BRIDGES.
Section 47110 of title 49, United States Code, is further
amended by adding at the end the following:
``(j) Additional Nonallowable Costs.--
``(1) In general.--A cost is not an allowable airport
development project cost under this chapter if the cost
relates to a contract for procurement or installation of a
passenger boarding bridge if the contract is with an entity
on the list required under paragraph (2).
``(2) Required list.--Not later than 30 days after the date
of enactment of this subsection, the Secretary shall, based
on information provided by the United States Trade
Representative and the Attorney General, publish and annually
update a list of entities manufacturing airport passenger
boarding bridges--
``(A) that are owned, directed, or subsidized by the
People's Republic of China; and
``(B) that--
``(i) have been determined by a Federal court to have
misappropriated intellectual property or trade secrets from
an entity organized under the laws of the United States or
any jurisdiction within the United States; or
``(ii) own or control, are owned or controlled by, are
under common ownership or control with, or are successors to,
an entity described in clause (i).''.
SEC. 410. FUEL INFRASTRUCTURE.
Section 47110 of title 49, United States Code, is further
amended by adding at the end the following:
``(k) Fuel Infrastructure.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may decide that covered costs are
allowable for an airport development project at a primary or
nonprimary airport where such costs are paid for with funds
apportioned to the sponsor of such airport under section
47114 or provided pursuant to section 47115.
``(2) Prioritization.--If the Secretary makes grants from
the discretionary fund under section 47115 for covered costs,
the Secretary shall prioritize providing such grants to
general aviation airports.
``(3) Covered costs defined.--In this subsection, the term
`covered costs'--
``(A) means construction costs related to an airport-
owned--
``(i) aeronautical fueling system for unleaded fuel; and
``(ii) fueling systems for type certificated hydrogen-
powered aircraft; and
``(B) may include capital costs for fuel farms and other
equipment and infrastructure used for the delivery and
storage of fuel.''.
SEC. 411. APPORTIONMENTS.
(a) Primary, Commercial Service, and Cargo Airports.--
(1) Primary and commercial service airports.--Section
47114(c)(1) of title 49, United States Code, is amended to
read as follows:
``(1) Primary and commercial service airports.--
``(A) Primary airport apportionment.--The Secretary shall
apportion to the sponsor of each primary airport for each
fiscal year an amount equal to--
``(i) $15.60 for each of the first 50,000 passenger
boardings at the airport during the prior calendar year;
``(ii) $10.40 for each of the next 50,000 passenger
boardings at the airport during the prior calendar year;
``(iii) $5.20 for each of the next 400,000 passenger
boardings at the airport during the prior calendar year;
``(iv) $1.30 for each of the next 500,000 passenger
boardings at the airport during the prior calendar year; and
``(v) $1.00 for each additional passenger boarding at the
airport during the prior calendar year.
``(B) Minimum and maximum apportionments.--Not less than
$1,300,000 nor more than $22,000,000 may be apportioned under
subparagraph (A) to an airport sponsor for a primary airport
for each fiscal year.
``(C) New airport.--Notwithstanding subparagraph (A), the
Secretary shall apportion in the first fiscal year following
the official opening of a new airport with scheduled
passenger air transportation an amount equal to $1,300,000 to
the sponsor of such airport.
``(D) Nonprimary commercial service airport
apportionment.--
``(i) In general.--The Secretary shall apportion to each
commercial service airport that is not a primary airport an
amount equal to--
``(I) $60 for each of the first 2,500 passenger boardings
at the airport during the prior calendar year; and
``(II) $153.33 for each of the next 7,499 passenger
boardings at the airport during the prior calendar year.
``(ii) Applicability.--Paragraphs (4) and (5) of subsection
(d) shall apply to funds apportioned under this subparagraph.
``(E) Special rule for air reserve stations.--
Notwithstanding section 47102, the Secretary shall consider a
public-use airport that is co-located with an air reserve
station to be a primary airport for purposes of this chapter.
``(F) Special rule for fiscal years 2024 and 2025.--
Notwithstanding any other provision of this paragraph or the
absence of scheduled passenger service at an airport, the
Secretary shall apportion in fiscal years 2024 and 2025 to
the sponsor of an airport an amount based on the number of
passenger boardings at the airport during whichever of the
following years that would result in the highest apportioned
amount under this paragraph:
``(i) Calendar year 2018.
``(ii) Calendar year 2019.
``(iii) The prior full calendar year prior to the current
fiscal year.''.
(2) Cargo airports.--Section 47114(c)(2) of title 49,
United States Code, is amended--
(A) in subparagraph (A)--
(i) by striking ``3.5'' and inserting ``4''; and
(ii) by striking ``100,000,000 pounds'' and inserting
``25,000,000 pounds'';
(B) by striking subparagraph (C); and
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
(b) General Aviation Airports.--Section 47114(d) of title
49, United States Code, is amended--
(1) in paragraph (3)--
(A) in the heading by striking ``Special rule'' and
inserting ``Apportionment'';
(B) by striking ``excluding primary airports but including
reliever and nonprimary commercial service airports'' each
place it appears and inserting ``excluding commercial service
airports but including reliever airports'';
(C) in the matter preceding subparagraph (A) by striking
``20 percent'' and inserting ``25 percent''; and
(D) by striking subparagraphs (C) and (D) and inserting the
following:
``(C) An airport that has previously been listed as
unclassified under the national plan of integrated airport
systems that has reestablished the classified status of such
airport as of the date of apportionment shall be eligible to
accrue apportionment funds pursuant to subparagraph (A) so
long as such airport retains such classified status.'';
(2) in paragraph (4)--
(A) in the heading by striking ``Airports in alaska, puerto
rico, and hawaii'' and inserting ``Airports in Noncontiguous
States and Territories'';
(B) by striking ``An amount apportioned under paragraph (2)
or (3)'' and inserting the following:
``(A) Alaska, puerto rico, and hawaii.--An amount
apportioned under this subsection''; and
(C) by adding at the end the following:
``(B) Other territories.--An amount apportioned under
paragraph (2)(B)(i) may be made available by the Secretary
for any public-use airport in Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the United
States Virgin Islands if the Secretary determines that there
are insufficient qualified grant applications for projects at
airports that are otherwise eligible for funding under that
paragraph. The Secretary shall prioritize the use of such
amounts in the territory the amount was originally
apportioned in.'';
(3) in paragraph (5) by inserting ``or subsection
(c)(1)(D)'' after ``under this subsection'';
(4) in paragraph (6)--
(A) by striking ``provision of this subsection'' and
inserting ``provision of this section''; and
(B) by inserting ``or subsection (c)(1)(D)'' after ``under
this subsection'';
(5) by striking paragraph (2); and
(6) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively.
(c) Conforming Amendment.--Section 47106(a)(7) of title 49,
United States Code, is amended by striking ``section
47114(d)(3)(B)'' and inserting ``section 47114(d)(2)(B)''
SEC. 412. PFC TURNBACK REDUCTION.
(a) In General.--Section 47114(f) of title 49, United
States Code, is amended--
[[Page H3747]]
(1) in paragraph (1)--
(A) by striking ``sponsor of an airport having at least .25
percent of the total number of boardings each year in the
United States and'' and inserting ``sponsor of a medium or
large hub airport''; and
(B) in subparagraph (B) by striking ``75 percent'' and
inserting ``60 percent'' each place it appears; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Effective date of reduction.--
``(A) New charge collection.--A reduction in an
apportionment under paragraph (1) shall not take effect until
the first fiscal year following the year in which the
collection of the charge imposed under section 40117 has
begun.
``(B) New categorization.--A reduction in an apportionment
under paragraph (1) shall only be applied to an airport if
such airport has been designated as a medium or large hub
airport for 3 consecutive years.''.
(b) Applicability.--For an airport that increased in
categorization from a small hub to a medium hub in any fiscal
year beginning after the date of enactment of the FAA
Reauthorization Act of 2018 (Public Law 115-254) and prior to
the date of enactment of this Act, the amendment to section
47114(f)(2) of title 49, United States Code, under subsection
(a) shall be applied as though the airport increased in
categorization from a small hub to a medium hub in the
calendar year prior to the first fiscal year in which such
amendment is applicable.
SEC. 413. TRANSFER OF AIP SUPPLEMENTAL FUNDS TO FORMULA
PROGRAM.
Section 47115(j) of title 49, United States Code, is
amended--
(1) in paragraph (3) by striking subparagraph (B) and
inserting the following:
``(B) Minimum allocation.--Not more than 25 percent of the
amounts available under this subsection shall be used to
provide grants at nonhub and small hub airports.
``(C) Prioritization.--In making grants under this
subsection, the Secretary shall prioritize projects that
reduce runway incursions or increase runway or taxiway
safety.'';
(2) in paragraph (4)(A) by striking clause (v) and
inserting the following:
``(v) $1,110,000,000 for fiscal year 2023.
``(vi) $100,000,000 for fiscal year 2024.
``(vii) $100,000,000 for fiscal year 2025.
``(viii) $100,000,000 for fiscal year 2026.
``(ix) $100,000,000 for fiscal year 2027.
``(x) $100,000,000 for fiscal year 2028.''; and
(3) in paragraph (4)(B) by striking ``2 fiscal years'' and
inserting ``3 fiscal years''.
SEC. 414. SMALL AIRPORT FUND.
Section 47116 of title 49, United States Code, is amended--
(1) in subsection (b) by striking paragraphs (1) and (2)
and inserting the following:
``(1) Not more than 25 percent for grants for projects at
small hub airports.
``(2) Not less than 25 percent for grants to sponsors of
public-use airports (except commercial service airports).
``(3) Not less than 50 percent for grants to sponsors of
commercial service airports that are not larger than a nonhub
airport.'';
(2) in subsection (d)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2); and
(3) by striking subsections (e) and (f) and inserting the
following:
``(e) General Aviation Hangars and Transient Aprons.--In
distributing amounts from the fund described in subsection
(a) to sponsors described in subsection (b)(2) and (b)(3)--
``(1) 5 percent of each amount shall be used for projects
to construct aircraft hangars that are not larger than 5,000
square feet; and
``(2) 5 percent of each amount shall be used for projects
to construct or rehabilitate aprons intended to be used for
itinerant general aviation aircraft parking.''.
SEC. 415. REVISION OF DISCRETIONARY CATEGORIES.
Section 47117 of title 49, United States Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)(i) by striking ``or (3)(A),
whichever is applicable''; and
(B) in subparagraph (B)--
(i) by striking ``section 47114(d)(3)(A)'' and inserting
``section 47114(d)(2)(A)''; and
(ii) by striking ``section 47114(d)(3)(B)'' and inserting
``section 47114(d)(2)(B)'';
(2) in subsection (c)(2) by striking ``47114(d)(3)(A)'' and
inserting ``47114(d)(2)(A)'';
(3) in subsection (d)--
(A) in paragraph (1) by striking ``section 47114(d)(2)(A)
of this title'' and inserting ``section 47114(d)(2)(B)(i)'';
and
(B) in paragraph (2)--
(i) by striking ``section 47114(d)(2)(B) or (C)'' and
inserting ``section 47114(d)(2)(B)(ii) or (iii)'' in each
place it appears; and
(ii) by striking ``of this title'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``$300,000,000'' and inserting
``$200,000,000'';
(II) by striking ``for compatible land use planning and
projects carried out by State and local governments under
section 47141,'';
(III) by striking ``section 47102(3)(Q)'' and inserting
``subparagraphs (O) through (Q) of section 47102(3)'';
(IV) by striking ``to comply with the Clean Air Act (42
U.S.C. 7401 et seq.)''; and
(V) by adding at the end the following: ``The Secretary
shall provide not less than two-thirds of amounts under this
subparagraph and paragraph (3) for grants to sponsors of
small hub, medium hub, and large hub airports.''; and
(ii) by striking subparagraph (C); and
(B) by striking paragraph (3) and inserting the following:
``(3) Special rule.--Beginning in fiscal year 2025, if the
amount made available under paragraph (1)(A) was not equal to
or greater than $150,000,000 in the preceding fiscal year,
the Secretary shall issue grants for projects eligible under
paragraph (1)(A) from apportionments made under section 47114
that are not required during the fiscal year to fund a grant
for which such apportionments may be used in an amount that
is not less than--
``(A) $150,000,000; minus
``(B) the amount made available under paragraph (1)(A) in
the preceding fiscal year.''; and
(5) in subsection (f)(1) by striking ``Subject to paragraph
(2)'' and inserting ``Subject to paragraph (2) and except as
provided in section 47116(a)(2)''.
SEC. 416. TERMINAL DEVELOPMENT.
Section 47119 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``in a nonrevenue-
producing public-use area of a commercial service airport''
and all that follows through ``of the Government'' and
inserting the following: ``at an airport if the sponsor
certifies that the airport, on the date the grant application
is submitted to the Secretary, has--
``(A) that any necessary airport development project
affecting airport safety, security, or capacity will not be
deferred if the Secretary approves a terminal development
project under this section; and
``(B) provided for access by passengers to the area of the
airport for boarding or exiting aircraft that are not air
carrier aircraft.''; and
(B) in paragraph (2) by striking ``parking lot if'' and all
that follows through ``Secretary's approval'' and inserting
``parking lot'';
(2) by striking subsections (b), (e) and (f);
(3) by redesignating subsection (c) and (d) as subsections
(b) and (c), respectively; and
(4) in subsection (b) (as so redesignated) by striking
paragraphs (1) through (5) and inserting the following:
``(1) any part of amounts apportioned to an airport sponsor
under subsection (c) or (d) of section 47114 to pay project
costs allowable under subsection (a);
``(2) on the approval of the Secretary, any part of amounts
that may be distributed for the fiscal year from the
discretionary fund established under section 47115 to the
sponsor of an airport to pay project costs allowable under
subsection (a);
``(3) on the approval of the Secretary, any part of amounts
that may be distributed for the fiscal year from the small
airport fund established under section 47116 to the sponsor
of an airport eligible to receive funds under section 47116
to pay project costs allowable under subsection (a);''.
SEC. 417. STATE BLOCK GRANT PROGRAM.
(a) Offsetting Administrative Expenses Burden on States.--
Section 47109(a)(2) of title 49, United States Code, is
amended by striking ``90 percent'' and inserting ``91
percent''.
(b) Training.--Section 47128 of title 49, United States
Code, is amended by adding at the end the following:
``(e) Training for Participating States.--
``(1) In general.--The Secretary shall provide to each
State participating in the block grant program under this
section training or updated training materials for the
administrative responsibilities assumed by the State under
such program at no cost to the State.
``(2) Timing.--The training or updated training materials
provided under paragraph (1) shall be provided at least once
during each 2-year period and at any time there is a material
change in the program.''.
(c) Administration.--Section 47128 of title 49, United
States Code, is further amended by adding at the end the
following:
``(f) Roles and Responsibilities of Participating States.--
``(1) Airports.--Unless a State participating in the block
grant program under this section expressly agrees in a
memorandum of agreement, the Secretary shall not require the
State to manage functions and responsibilities for airport
actions or projects that do not relate to such program.
``(2) Program documentation.--Any grant agreement providing
funds to be administered under such program shall be
consistent with the most recently executed memorandum of
agreement between the State and the Federal Aviation
Administration. The Administrator of the Federal Aviation
Administration shall provide parity to participating States
and shall only require the same type of information and level
of detail for any program agreements and documentation that
the Administrator would perform with respect to such action
if the State did not participate in the program.
``(3) Responsibilities.--The Administrator shall retain
responsibility for the following, unless expressly agreed to
by the State:
``(A) Grant compliance investigations, determinations, and
enforcement.
``(B) Obstruction evaluation and airport airspace analysis,
determinations, and enforcement off airport property.
``(C) Non-rulemaking analysis, determinations, and
enforcement for proposed improvements on airport properties
not associated with this subchapter, or off airport property.
``(D) Land use determinations under section 163 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 47107 note),
compatibility planning, and airport layout plan review and
approval for projects not funded by amounts available under
this subchapter.
``(E) Nonaeronautical and special event recommendations and
approvals.
``(F) Instrument approach procedure evaluations and
determinations.
``(G) Environmental review for projects not funded by
amounts available under this subchapter.
[[Page H3748]]
``(H) Review and approval of land leases, land releases,
changes in on-airport land-use designation, and through-the-
fence agreements.''.
(d) Report.--The Comptroller General of the United States
shall issue a report on the Office of Airports of the Federal
Aviation Administration and the airport improvement program
under subchapter I of chapter 471 and chapter 475 of title
49, United States Code, and include in such report a
description of--
(1) the responsibilities of States participating in the
block grant program under section 47128 of title 49, United
States Code; and
(2) the impact of title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58)
and other Federal administrative funding sources on the
ability of such States to disburse and administer airport
improvement program funds.
(e) Sense of Congress.--It is the sense of Congress that
Congress supports the disbursement of a percentage of
administrative funds made available under the heading
``Federal Aviation Administration--Airport Infrastructure
Grants'' in title VIII of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) to non-primary
airports participating in the State's block grant program
each fiscal year of the Airport Infrastructure Grants
program.
SEC. 418. INNOVATIVE FINANCING TECHNIQUES.
Section 47135 of title 49, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Authority.--
``(1) In general.--The Secretary of Transportation may
approve an application by an airport sponsor to use grants
received under this subchapter for innovative financing
techniques related to an airport development project that is
located at an airport that is not a large hub airport.
``(2) Approval.--The Secretary may approve not more than 30
applications described under paragraph (1) in a fiscal year.
``(b) Purposes.--The purpose of grants made under this
section shall be to--
``(1) provide information on the benefits and difficulties
of using innovative financing techniques for airport
development projects;
``(2) lower the total cost of an airport development
project; or
``(3) expedite the delivery or completion of an airport
development project without reducing safety or causing
environmental harm.''; and
(2) in subsection (c)(2)--
(A) in subparagraph (C) by striking ``and'' at the end;
(B) in subparagraph (D) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(E) any other techniques that the Secretary determines
are consistent with the purposes of this section.''.
SEC. 419. LONG-TERM MANAGEMENT PLANS.
Section 47136(c) of title 49, United States Code is
amended--
(1) by striking ``applicants that will'' and inserting the
following: ``applicants that--
``(1) will'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) provide a long-term management plan for eligible
vehicles and equipment that includes the existing and future
infrastructure requirements of the airport related to such
vehicles and equipment.''.
SEC. 420. ALTERNATIVE PROJECT DELIVERY.
(a) In General.--Section 47142 of title 49, United States
Code, is amended--
(1) in the section heading by striking ``Design-build
contracting'' and inserting ``Alternative project delivery'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Administrator of the Federal Aviation
Administration'' and inserting ``Secretary of
Transportation''; and
(ii) by striking ``award a design-build'' and inserting
``award a covered project delivery'';
(B) in paragraph (2) by striking ``design-build'' and
inserting ``covered project delivery''; and
(C) in paragraph (4) by striking ``design-build contract
will'' and inserting ``covered project delivery contract is
projected to''; and
(3) by striking subsection (c) and inserting the following:
``(c) Covered Project Delivery Contract Defined.--In this
section, the term `covered project delivery contract' means--
``(1) an agreement that provides for both design and
construction of a project by a contractor; or
``(2) a single contract for the delivery of a whole project
that--
``(A) includes, at a minimum, the sponsor, builder, and
architect-engineer as parties that are subject to the terms
of the contract;
``(B) aligns the interests of all the parties to the
contract with respect to the project costs and project
outcomes; and
``(C) includes processes to ensure transparency and
collaboration among all parties to the contract relating to
project costs and project outcomes.''.
(b) Clerical Amendment.--The analysis for chapter 471 of
title 49, United States Code, is amended by striking the item
relating to section 47142 and inserting the following:
``47142. Alternative project delivery.''.
SEC. 421. NONMOVEMENT AREA SURVEILLANCE SURFACE DISPLAY
SYSTEMS PILOT PROGRAM.
Section 47143(c) of title 49, United States Code, is
amended by striking ``2023'' and inserting ``2028''.
SEC. 422. REPEAL OF OBSOLETE CRIMINAL PROVISIONS.
Section 47306 of title 49, United States Code, and the item
relating to such section in the analysis for chapter 473 of
such title, are repealed.
SEC. 423. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS.
(a) In General.--Section 50101 of title 49, United States
Code, is amended--
(1) by striking ``(except section 47127)'' each place it
appears; and
(2) by adding at the end the following:
``(d) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Financial assistance made available
under the provisions described in subsection (a) shall not be
used in awarding a contract or subcontract to an entity on or
after the date of enactment of this subsection for the
procurement of rolling stock for use in an airport-related
project if the manufacturer of the rolling stock--
``(A) is incorporated in or has manufacturing facilities in
the United States; and
``(B) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation
based in a country that--
``(i) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of enactment of this
subsection;
``(ii) was identified by the United States Trade
Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign
country included on the priority watch list defined in
subsection (g)(3) of that section; and
``(iii) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of 1974 (19
U.S.C. 2416).
``(2) Exception.--
``(A) In general.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include--
``(i) a minority relationship or investment; or
``(ii) relationship with or investment in a subsidiary,
joint venture, or other entity based in a country described
in paragraph (1)(B) that does not export rolling stock or
components of rolling stock for use in the United States.
``(B) Corporation based in people's republic of china.--
Notwithstanding subparagraph (A)(i), for purposes of
paragraph (1), the term `otherwise related legally or
financially' includes a minority relationship or investment
if the relationship or investment involves a corporation
based in the People's Republic of China.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.''.
(b) Conforming Amendments.--
(1) Restricting contract awards because of discrimination
against united states goods or services.--Section 50102 of
title 49, United States Code, is amended by striking
``(except section 47127)''.
(2) Restriction on airport projects using products or
services of foreign countries denying fair market
opportunities.--Section 50104(b) of title 49, United States
Code, is amended by striking ``(except section 47127)''.
(3) Fraudulent use of made in america label.--Section 50105
of title 49, United States Code, is amended by striking
``(except section 47127)''.
SEC. 424. REGULATORY APPLICATION.
Section 40113(f) of title 49, United States Code, is
amended--
(1) by inserting ``or in administering the Airport
Improvement Program under chapter 471'' after ``Code of
Federal Regulations,''; and
(2) by inserting ``or administrative'' after
``regulatory''.
SEC. 425. NATIONAL PRIORITY SYSTEM FORMULAS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
review and update the National Priority System prioritization
formulas contained in Federal Aviation Administration Order
5090.5 to account for the amendments to chapter 471 of title
49, United States Code, made by this Act.
(b) Required Consultation.--In revising the formulas under
subsection (a), the Secretary shall consult with
representatives of the following:
(1) Primary airports, including large, medium, small, and
nonhub airports.
(2) Non-primary airports, including general aviation
airports.
(3) Airport trade associations, including trade
associations representing airport executives.
(4) State aviation officials, including associations
representing such officials.
(5) Air carriers, including mainline, regional, and low
cost air carriers.
(6) Associations representing air carriers.
(c) Priority Projects.--In revising the formulas under
subsection (a), the Secretary shall assign the highest
priority to projects that increase or maintain the safety,
efficiency, and capacity of the aviation system.
SEC. 426. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
(a) Findings.--Congress finds the following:
(1) While significant progress has occurred due to the
establishment of the airport disadvantaged business
enterprise program and the airport concessions disadvantaged
business enterprise program under sections 47113 and 47107(e)
of title 49, United States Code, respectively, discrimination
and related barriers continue to pose significant obstacles
for minority- and women-owned businesses seeking to do
business in airport-related markets across the Nation.
(2) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and
[[Page H3749]]
discrimination lawsuits. Such testimony and documentation
show that race- and gender-neutral efforts alone are
insufficient to address the problem.
(3) The testimony and documentation described in paragraph
(2) demonstrate that race and gender discrimination poses a
barrier to full and fair participation in airport-related
businesses of women business owners and minority business
owners in the racial groups detailed in parts 23 and 26 of
title 49, Code of Federal Regulations, and has impacted firm
development and other aspects of airport-related business in
the public and private markets.
(4) The testimony and documentation described in paragraph
(2) provide a strong basis that there is a compelling need
for the continuation of the airport disadvantaged business
enterprise program and the airport concessions disadvantaged
business enterprise program to address race and gender
discrimination in airport-related business.
(b) Supportive Services.--Section 47113 of title 49, United
States Code, is amended by adding at the end the following:
``(f) Supportive Services.--
``(1) In general.--The Secretary of Transportation, in
coordination with the Administrator of the Federal Aviation
Administration, may, at the request of an airport sponsor,
provide assistance under a grant issued under this subchapter
to develop, conduct, and administer training programs and
assistance programs in connection with any airport
improvement project subject to part 26 of title 49, Code of
Federal Regulations, for small business concerns referred to
in subsection (b) to achieve proficiency to compete, on an
equal basis for contracts and subcontracts related to such
projects.
``(2) Eligible entities.--An entity eligible to receive
assistance under this section is--
``(A) a State;
``(B) a political subdivision of a State or local
government;
``(C) a Tribal government;
``(D) an airport sponsor;
``(E) a metropolitan planning organization;
``(F) a group of entities described in subparagraphs (A)
through (E); or
``(G) any other organization considered appropriate by the
Secretary.''.
SEC. 427. AIRPORT ACCESS ROADS IN REMOTE LOCATIONS.
Section 162 of the FAA Reauthorization Act of 2018 (49
U.S.C. 47102 note) is amended in the matter preceding
paragraph (1) by striking ``2023'' and inserting ``2028''.
SEC. 428. LIMITED REGULATION OF NONFEDERALLY SPONSORED
PROPERTY.
Section 163 of the FAA Reauthorization Act of 2018 (49
U.S.C. 47107 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Limited regulation.--Except as provided in subsection
(b), the Secretary of Transportation may not require an
airport to seek approval for (including in the submission of
an airport layout plan), or directly or indirectly regulate
(including through any grant assurance)--
``(A) the acquisition, use, lease, encumbrance, transfer,
or disposal of land (including any portion of such land) by
an airport sponsor; or
``(B) the construction, development, improvement, use, or
removal of any facility (including any portion of such
facility) upon such land.
``(2) Burden of demonstrating applicability.--The burden of
demonstrating the nonapplicability of paragraph (1), or the
applicability of an exception under subsection (b), shall be
on the Secretary.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by striking
``regulation'' and inserting ``law, regulation, or grant
assurance''; and
(ii) in subparagraph (A) by striking ``aircraft
operations'' and inserting ``aircraft operations that occur
or are projected to occur at an airport as described in an
airport's master plan'';
(B) in paragraph (2) by striking ``facility'' and inserting
``facility that the Secretary demonstrates was''; and
(C) in paragraph (3) by striking ``contained'' and
inserting ``that the Secretary demonstrates is contained'';
and
(3) by striking subsection (c) and inserting the following:
``(c) Rule of Construction.--Nothing in this section shall
be construed--
``(1) to affect the applicability of sections 47107(b) or
47133 of title 49, United States Code, to revenues generated
by the use, lease, encumbrance, transfer, or disposal of land
under subsection (a), facilities upon such land, or any
portion of such land or facilities; or
``(2) to limit the Secretary's authority to approve or
regulate airport projects (or portions of airport projects)
that are not subject to the provisions of subsection (a).''.
SEC. 429. MOTORCOACH ENPLANEMENT PILOT PROGRAM.
With respect to fiscal years 2024 through 2028, passengers
who board a motorcoach at an airport that is chartered or
provided by an air carrier to transport such passengers to
another airport at which the passengers board an aircraft in
service in air commerce, that entered the sterile area of the
airport at which such passengers initially boarded the
motorcoach, shall be deemed to be included under the term
``passenger boardings'' in section 47102 of title 49, United
States Code.
SEC. 430. POPULOUS COUNTIES WITHOUT AIRPORTS.
Notwithstanding any other provision of law, the Secretary
of Transportation may not deny inclusion in the national plan
of integrated airport systems maintained under section 47103
of title 49, United States Code, to an airport or proposed
airport if the airport or proposed airport--
(1) is located in the most populous county (as such term is
defined in section 2 of title 1, United States Code) of a
State that does not have an airport listed in the national
plan;
(2) has an airport sponsor that was established before
January 1, 2017;
(3) is located more than 15 miles away from another airport
listed in the national plan;
(4) demonstrates how the airport will meet the operational
activity required, through a forecast validated by the
Secretary, within the first 10 years of operation;
(5) meets Federal Aviation Administration airport design
standards;
(6) submits a benefit-cost analysis;
(7) presents a detailed financial plan to accomplish
construction and ongoing maintenance; and
(8) has the documented support of the State government for
the entry of the airport or proposed airport into the
national plan.
SEC. 431. CONTINUED AVAILABILITY OF AVIATION GASOLINE.
(a) In General.--The Administrator of the Federal Aviation
Administration shall ensure that any of such varieties of
aviation gasoline as may be necessary to fuel any model of
piston-engine aircraft remain available for purchase at each
airport listed on the national plan of integrated airport
systems (as described in section 47103 of title 49, United
States Code) at which aviation gasoline was available for
purchase as of October 5, 2018.
(b) Removal of Availability.--The Administrator shall
consider a prohibition or restriction on the sale of such
varieties of aviation gasoline to violate assurance 22 (or
any successor assurance related to economic
nondiscrimination) of grant assurances associated with the
airport improvement program under subchapter I of chapter 471
and chapter 475 of title 49, United States Code.
(c) Aviation Gasoline Defined.--In this section, the term
``aviation gasoline'' means a gasoline on which a tax is
imposed under section 4081(a)(2)(A)(ii) of the Internal
Revenue Code of 1986.
(d) Rule of Construction.--Nothing in this section may be
construed to--
(1) affect any airport sponsor found to be out of
compliance with the grant assurance described in subsection
(b) before the date of enactment of this Act;
(2) affect any investigation of an airport sponsor
initiated by the Administrator under parts 13 or 16 of title
14, Code of Federal Regulations, relating to the availability
of aviation gasoline; or
(3) require any particular action by the Administrator if
the Administrator determines through such investigation that
such airport sponsor has violated a grant assurance.
SEC. 432. AIP HANDBOOK UPDATE.
(a) In General.--Not later than 4 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall revise the Airport Improvement
Program Handbook (Order 5100.38D) (in this section referred
to as the ``Handbook'') to account for legislative changes to
the airport improvement program under subchapter I of chapter
471 and chapter 475 of title 49, United States Code, and to
make such other changes as the Administrator determines
necessary.
(b) Requirements.--In updating the Handbook, the
Administrator may not impose any additional requirements or
restrictions on the use of Airport Improvement Program funds
except as specifically directed by legislation.
(c) Consultation and Public Comment.--
(1) Consultation.--In developing the revised Handbook under
this section, the Administrator shall consult with aviation
stakeholders, including airports and air carriers.
(2) Public comment.--
(A) In general.--Not later than 30 months after the date of
enactment of this Act, the Administrator shall publish a
draft revision of the Handbook and make such draft available
for public comment for a period of not less than 90 days.
(B) Review.--The Administrator shall review all comments
submitted during the public comment period described under
subparagraph (A) and, as the Administrator considers
appropriate, incorporate changes based on such comments into
the final revision of the Handbook.
(d) Interim Implementation of Changes.--Not later than 1
year after the date of enactment of this Act, the
Administrator shall issue program guidance letters to provide
for the interim implementation of amendments to the Airport
Improvement Program made by this Act.
SEC. 433. GAO AUDIT OF AIRPORT FINANCIAL REPORTING PROGRAM.
(a) Audit.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall complete an audit of the airport financial
reporting program of the Federal Aviation Administration and
provide recommendations to the Administrator of the Federal
Aviation Administration on improvements to such program.
(b) Requirements.--In conducting the audit required under
subsection (a), the Comptroller General shall, at a minimum--
(1) review relevant Administration guidance to airports,
including the version of Advisory Circular 150/5100-19,
titled ``Operating and Financial Summary'', that is in effect
on the date of enactment of this Act;
(2) evaluate the information requested or required by the
Administrator from airports for completeness and usefulness
by the Administration and the public;
(3) assess the costs associated with collecting, reporting,
and maintaining such information for airports and the
Administration;
(4) determine if such information provided is--
[[Page H3750]]
(A) updated on a regular basis to make such information
useful; and
(B) audited and verified in an appropriate manner;
(5) assess if the Administration has addressed the issues
the Administration discovered during the apportionment and
disbursement of relief funds to airports under the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136) using inaccurate and aged airport financial
data; and
(6) determine whether the airport financial reporting
program as structured as of the date of enactment provides
value to the Administration, the aviation industry, or the
public.
(c) Report to Congress.--Not later than 3 months after the
completion of the audit required under subsection (a), the
Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the findings
of such audit and any recommendations provided to the
Administrator to improve or alter the airport financial
reporting program.
SEC. 434. GAO REVIEW OF NONAERONAUTICAL REVENUE STREAMS AT
AIRPORTS.
(a) Review.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a review of non-aeronautical revenue
streams currently used by hub airports of varying size,
assess the impact of nonaeronautical revenue on airports, and
evaluate opportunities for revenue that are unutilized or are
underutilized by such airports.
(b) Scope.--In conducting the review required under
subsection (a), the Comptroller General shall, at a minimum--
(1) examine the nonaeronautical revenue streams at a
variety of public-use airports in the United States;
(2) examine nonaeronautical revenue streams used by foreign
airports;
(3) examine revenue streams used by similar types of
infrastructure operators like train stations, bus depots, and
shopping malls;
(4) determine the revenue effects of entering into, or
choosing not to enter into, concessionaire agreements with
companies operating at airports that are not a party to such
agreements; and
(5) examine users and beneficiaries of airport services,
facilities, property, and passengers, and determine if any
such users or beneficiaries could or should be considered as
a source of nonaeronautical revenue for an airport.
(c) Consultation.--As part of the review required under
subsection (a), the Comptroller General shall consult with
representatives of airport concessionaires, airport sponsors,
airport governance entities, airport financial planning
consultants, and any other relevant stakeholders the
Comptroller General determines appropriate.
(d) Findings, Best Practices, and Recommendations.--As part
of the review required under subsection (a), the Comptroller
General shall produce best practices and recommendations that
can be adopted by public-use airports to increase non-
aeronautical revenue.
(e) Report to Congress.--Not later than 3 months after the
completion of the review required under subsection (a), the
Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the
findings, best practices, and recommendations of such review.
SEC. 435. MAINTAINING SAFE FIRE AND RESCUE STAFFING LEVELS.
(a) Update to Regulation.--The Administrator of the Federal
Aviation Administration shall update the regulations
contained in section 139.319 of title 14, Code of Federal
Regulations, to ensure that paragraph (4) of such section
provides that at least 1 individual maintains certification
at the emergency medical technician basic level, or higher.
(b) Staffing Review.--Not later than 2 years after the date
of enactment of this Act, the Administrator shall conduct a
review of airport environments and related regulations to
evaluate sufficient staffing levels necessary for
firefighting and rescue services and response at airports
certified under part 139 of title 14, Code of Federal
Regulations.
(c) Report.--Not later than 1 year after completing the
review under subsection (b), the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
the results of the review.
SEC. 436. GAO STUDY OF ONSITE AIRPORT GENERATION.
(a) Study.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study on the feasibility of
installation and adoption of certain power generation
property at airports which receive funding from the Federal
Government.
(b) Content.--In carrying out the study required under
subsection (a), the Comptroller General shall examine--
(1) any safety impacts of the installation and operation of
such power generation property, either in aggregate or around
certain locations or structures at the airport;
(2) regulatory barriers to adoption;
(3) benefits to adoption;
(4) previous examples of adoptions;
(5) impacts on other entities; and
(6) previous examples of adoption and factors pertaining to
previous examples of adoption, including--
(A) novel uses beyond supplemental power generation, such
as expanding nonresidential property around airports to
minimize noise, power generation resilience, and market
forces;
(B) challenges identified in the installation process;
(C) upfront and long-term costs, both foreseen and
unforeseen;
(D) funding sources used to pay for upfront costs; and
(E) long-term savings.
(c) Report.--Not later than 2 years after the initiation of
the study under subsection (a), the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
and recommendations on the results of the study.
(d) Power Generation Property Defined.--In this section,
the term ``power generation property'' means equipment
defined in section 48(a)(3)(A) of the Internal Revenue Code
of 1986.
SEC. 437. TRANSPORTATION DEMAND MANAGEMENT AT AIRPORTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study to examine the efficacy of
transportation demand management strategies at United States
airports.
(b) Considerations.--In conducting the study under
subsection (a), the Comptroller General shall examine, at
minimum--
(1) whether transportation demand management strategies
should be considered by airports when making infrastructure
planning and construction decisions;
(2) the impact of transportation demand management
strategies on existing multimodal options to and from
airports in the United States; and
(3) best practices for developing transportation demand
management strategies that can be used to improve access to
airports for passengers and airport and airline personnel.
(c) Report.--Upon completion of the study conducted under
subsection (a), the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on such study.
(d) Definition.--In this section, the term ``transportation
demand management strategy'' means the use of planning,
programs, policy, marketing, communications, incentives,
pricing, data, and technology to optimize travel modes,
routes used, departure times, and number of trips.
SEC. 438. COASTAL AIRPORTS ASSESSMENT.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall, in coordination with the Chief
of Engineers and Commanding General of the United States Army
Corps of Engineers, initiate an assessment on the resiliency
of coastal airports in the United States.
(b) Contents.--The assessment required under subsection (a)
shall--
(1) examine the impact of sea-level rise and other
environmental factors that pose risks to coastal airports;
and
(2) identify and evaluate current initiatives to prevent
and mitigate the impacts of factors described in paragraph
(1) on coastal airports.
(c) Report.--Upon completion of the assessment, the
Administrator of the Federal Aviation Administration shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on--
(1) the results of the assessment required under subsection
(a); and
(2) recommendations to improve the resiliency of coastal
airports in the United States.
SEC. 439. AIRPORT INVESTMENT PARTNERSHIP PROGRAM.
Section 47134(b) of title 49, United States Code, is
amended by adding at the end the following:
``(4) Benefit-cost analysis.--Prior to approving an
application submitted under subsection (a), the Secretary may
require a benefit-cost analysis. If a benefit-cost analysis
is required, the Secretary shall issue a preliminary and
conditional finding, which shall--
``(A) be issued not later than 60 days after the date on
which the sponsor submits all information required by the
Secretary;
``(B) be based upon a collaborative review process that
includes the sponsor or sponsor's representative;
``(C) not constitute the issuance of a Federal grant or
obligation to issue a grant under this chapter or other
provision of law; and
``(D) not constitute any other obligation on the part of
the Federal Government until the conditions specified in the
final benefit-cost analysis are met.''.
SEC. 440. GAO STUDY ON PER-TRIP AIRPORT FEES FOR TNC
CONSUMERS.
(a) Study.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study of fees that airports assess
against customers of transportation network companies.
(b) Contents.--In carrying out the study required under
subsection (a), the Comptroller General shall address--
(1) the methodology used by airports to set a fee for
customers of TNCs;
(2) expenditures by airports of fees assessed against
customers of TNCs; and
(3) a comparison of the fees imposed by airports on
customers of TNCs and other comparable modes of for-hire
transportation, such as taxi.
(c) Report.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on
[[Page H3751]]
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
(d) Transportation Network Company Defined; TNC Defined.--
In this section, the term ``transportation network company''
or ``TNC''--
(1) means a corporation, partnership, sole proprietorship,
or other entity that uses a digital network to connect riders
to drivers affiliated with the entity in order for the driver
to transport the rider using a vehicle owned, leased, or
otherwise authorized for use by the driver to a point chosen
by the rider; and
(2) does not include a shared-expense carpool or vanpool
arrangement that is not intended to generate profit for the
driver.
SEC. 441. SPECIAL RULE FOR RECLASSIFICATION OF CERTAIN
UNCLASSIFIED AIRPORTS.
(a) Request for Reclassification.--
(1) In general.--Not later than September 30, 2024, a
privately owned reliever airport (as such term is defined in
section 47102 of title 49, United States Code) that is
identified as unclassified in the National Plan of Integrated
Airport Systems, 2021-2025 (as published under section 47103
of title 49, United States Code) may submit to the Secretary
of Transportation a request to reclassify the airport
according to the criteria used to classify a publicly owned
airport.
(2) Required information.--In submitting a request under
paragraph (1), a privately owned reliever airport shall
include the following information:
(A) A sworn statement and accompanying documentation that
demonstrates how the airport would satisfy the requirements
of Federal Aviation Administration Order 5090.5, titled
``Formulation of the NPIAS and ACIP'' (or any successor
guidance), to be classified as ``Local'' or ``Basic'' if the
airport was publicly owned.
(B) A report that--
(i) identifies the role of the airport to the aviation
system; and
(ii) describes the long-term fiscal viability of the
airport based on demonstrated aeronautical activity and
associated revenues relative to ongoing operating and
maintenance costs.
(b) Eligibility Review.--
(1) In general.--Not later than 60 days after receiving a
request from a privately owned reliever airport under
subsection (a), the Secretary shall perform an eligibility
review with respect to the airport, including an assessment
of the airport's safety, security, capacity, access,
compliance with Federal grant assurances, and protection of
natural resources and the quality of the environment, as
prescribed by the Secretary.
(2) Public sponsor.--In performing the eligibility review
under paragraph (1), the Secretary--
(A) may require the airport requesting reclassification to
provide information regarding the outlook (whether positive
or negative) for obtaining a public sponsor; and
(B) may not require the airport to obtain a public sponsor.
(c) Reclassification by the Secretary.--
(1) In general.--Not later than 60 days after receiving a
request from a privately owned reliever airport under
subsection (a)(1), the Secretary shall grant such request if
the following criteria are met:
(A) The request includes the required information under
subsection (a)(2).
(B) The privately owned reliever airport, to the
satisfaction of the Secretary--
(i) passes the eligibility review performed under
subsection (b); or
(ii) submits a corrective action plan in accordance with
paragraph (2).
(2) Corrective action plan.--With respect to a privately
owned reliever airport that does not, to the satisfaction of
the Secretary, pass the eligibility review performed under
subsection (b), such airport may resubmit to the Secretary a
reclassification request along with a corrective action plan
that--
(A) resolves any shortcomings identified in such
eligibility review; and
(B) proves that any necessary corrective action has been
completed by the airport.
(d) Effective Date.--The reclassification of any privately
owned reliever airport under this section shall take effect
not later than--
(1) September 30, 2026, for any request granted under
subsection (c)(1); and
(2) September 30, 2027, for any request granted after the
submission of a corrective action plan under subsection
(c)(2).
SEC. 442. PERMANENT SOLAR POWERED TAXIWAY EDGE LIGHTING
SYSTEMS.
Not later than 18 months after the date of enactment of
this Act, the Administrator of the Federal Aviation
Administration shall produce an engineering brief that
describes the acceptable use of permanent solar powered
taxiway edge lighting systems at regional, local, and basic
nonprimary airports (as categorized in the most recent
National Plan of Integrated Airport Systems).
SEC. 443. SECONDARY RUNWAYS.
In approving grants for projects with funds made available
pursuant to title VIII of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) under the heading
``Federal Aviation Administration--Airport Infrastructure
Grants'', the Administrator of the Federal Aviation
Administration shall consider permitting a nonhub or small
hub airport to use such funds to extend secondary runways,
notwithstanding the level of operational activity as such
airport.
SEC. 444. INCREASING THE ENERGY EFFICIENCY OF AIRPORTS AND
MEETING CURRENT AND FUTURE ELECTRICAL POWER
DEMANDS.
(a) In General.--Section 47140 of title 49, United States
Code, is amended to read as follows:
``Sec. 47140. Meeting current and future electrical power
demand
``(a) In General.--The Secretary of Transportation shall
establish a program under which the Secretary shall--
``(1) encourage the sponsor of each public-use airport to--
``(A) conduct airport planning that assesses the
airport's--
``(i) current and future electrical power requirements,
including--
``(I) heating and cooling;
``(II) on-road airport vehicles, including ground support
equipment;
``(III) gate electrification; and
``(IV) electric aircraft charging; and
``(ii) existing electrical infrastructure condition,
location and capacity, including base load and backup power,
to meet the current and future electrical power demand as
identified in this subparagraph; and
``(B) conduct airport development to increase energy
efficiency or meet future electrical power demands as
identified in subparagraph (A); and
``(2) reimburse the airport sponsor for the costs incurred
in conducting the assessment under paragraph (1).
``(b) Grants.--The Secretary may make grants from amounts
made available under section 48103 to assist airport sponsors
that have completed the assessment described in subsection
(a)(1)--
``(1) to acquire or construct equipment that will increase
energy efficiency at the airport; and
``(2) to pursue an airport development project described in
subsection (a)(1)(B).''.
(b) Clerical Amendment.--The analysis for chapter 471 of
title 49, United States Code, is amended by striking the item
relating to section 47140 and inserting the following:
``47140. Meeting current and future electrical power demand.''.
SEC. 445. ELECTRIC AIRCRAFT INFRASTRUCTURE PILOT PROGRAM.
(a) In General.--The Secretary of Transportation may
establish a pilot program under which the sponsors of public-
use airports may use funds made available under chapter 471
or section 48103 of title 49, United States Code, for use at
up to 10 airports to carry out--
(1) activities associated with the acquisition, by purchase
or lease, operation, and installation of equipment to support
the operations of electric aircraft, including interoperable
electric vehicle charging equipment; and
(2) the construction or modification of infrastructure to
facilitate the delivery of power or services necessary for
the use of electric aircraft, including--
(A) on airport utility upgrades; and
(B) associated design costs.
(b) Eligibility.--A public-use airport is eligible for
participation in the pilot program under this section if the
Secretary finds that funds made available under subsection
(a) would support--
(1) electric aircraft operators at such airport, or using
such airport; or
(2) electric aircraft operators planning to operate at such
airport with an associated agreement in place.
(c) Sunset.--The pilot program established under subsection
(a) shall sunset 5 years after the date of enactment of this
Act.
SEC. 446. CURB MANAGEMENT PRACTICES.
Nothing in this Act shall be construed to--
(1) prevent airports from engaging in curb management
practices, including determining and assigning curb
designations, regulations, and to install and maintain upon
any of the roadways or parts of roadways as many curb zones
as necessary to aid in the regulation, control, and
inspection of passenger loading and unloading; or
(2) prevent airports from enforcing curb zones using
sensor, camera, automated license plate recognition, and
software technologies and issuing citations by mail to the
registered owner of the vehicle.
Subtitle B--Passenger Facility Charges
SEC. 461. PFC APPLICATION APPROVALS.
Section 40117(d) of title 49, United States Code, is
amended by striking paragraph (2) and inserting the
following:
``(2) each project is an eligible airport-related
project;''.
SEC. 462. PFC AUTHORIZATION PILOT PROGRAM IMPLEMENTATION.
Section 40117(l) of title 49, United States Code, is
amended--
(1) in the subsection heading by striking ``Pilot Program''
and inserting ``Alternative Procedures''; and
(2) by striking paragraph (1) and inserting the following:
``(1) In general.--In lieu of submitting an application
under subsection (c), an eligible agency may impose a
passenger facility charge in accordance with the procedures
under this subsection subject to the limitations of this
section.''.
Subtitle C--Noise and Environmental Programs and Streamlining
SEC. 471. STREAMLINING CONSULTATION PROCESS.
Section 47101(h) of title 49, United States Code, is
amended by striking ``shall'' and inserting ``may''.
SEC. 472. REPEAL OF BURDENSOME EMISSIONS CREDIT REQUIREMENTS.
Section 47139 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``airport sponsors receive'' and inserting
``airport sponsors may receive'';
(ii) by striking ``carrying out projects'' and inserting
``carrying out projects, including projects''; and
(iii) by striking ``conditions'' and inserting
``considerations''; and
(B) in paragraph (2)--
[[Page H3752]]
(i) by striking ``airport sponsor'' and inserting ``airport
sponsor, including for an airport outside of a nonattainment
area,'';
(ii) by striking ``only'';
(iii) by striking ``or as offsets'' and inserting ``, as
offsets''; and
(iv) by striking the period at the end and inserting ``, or
as part of a State implementation plan.'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
SEC. 473. EXPEDITED ENVIRONMENTAL REVIEW AND ONE FEDERAL
DECISION.
Section 47171 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``Secretary of
Transportation'' and inserting ``Administrator of the Federal
Aviation Administration'';
(2) by striking ``Secretary'' in each place it appears and
inserting ``Administrator'';
(3) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``develop and''; and
(ii) by striking ``projects at congested airports'' and all
that follows through ``aviation security projects'' and
inserting ``projects, terminal development projects, general
aviation airport construction or improvement projects, and
aviation safety projects''; and
(B) in paragraph (1) by striking ``better'' and inserting
``streamlined''.
(4) by striking subsection (b) and inserting the following:
``(b) Aviation Projects Subject to a Streamlined
Environmental Review Process.--
``(1) In general.--Any airport capacity enhancement
project, terminal development project, or general aviation
airport construction or improvement project shall be subject
to the coordinated and expedited environmental review process
requirements set forth in this section.
``(2) Project designation criteria.--
``(A) In general.--The Administrator may designate an
aviation safety project for priority environmental review. A
designated project shall be subject to the coordinated and
expedited environmental review process requirements set forth
in this section.
``(B) Project designation criteria.--The Administrator
shall establish guidelines for the designation of an aviation
safety project or aviation security project for priority
environmental review. Such guidelines shall provide for
consideration of--
``(i) the importance or urgency of the project;
``(ii) the potential for undertaking the environmental
review under existing emergency procedures under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(iii) the need for cooperation and concurrent reviews by
other Federal or State agencies; and
``(iv) the prospect for undue delay if the project is not
designated for priority review.'';
(5) in subsection (c) by striking ``an airport capacity
enhancement project at a congested airport or a project
designated under subsection (b)(3)'' and inserting ``a
project described or designated under subsection (b)'';
(6) in subsection (d) by striking ``each airport capacity
enhancement project at a congested airport or a project
designated under subsection (b)(3)'' and inserting ``a
project described or designated under subsection (b)'';
(7) in subsection (h) by striking ``designated under
subsection (b)(3)'' and all that follows through ``congested
airports'' and inserting ``described in subsection (b)(1)'';
(8) in subsection (j)--
(A) by striking ``For any'' and inserting the following:
``(1) In general.--For any''; and
(B) by adding at the end the following:
``(2) Deadline.--The Administrator shall define the purpose
and need of a project not later than 45 days after receipt of
a draft purpose and need statement (or revision thereof that
materially affects a statement previously prepared or
accepted by the Administrator) from an airport sponsor. The
Administrator shall provide airport sponsors with appropriate
guidance to implement any applicable requirements.'';
(9) in subsection (k)--
(A) by striking ``an airport capacity enhancement project
at a congested airport or a project designated under
subsection (b)(3)'' and inserting ``a project described or
designated under subsection (b)'';
(B) by striking ``project shall consider'' and inserting
the following:
``project shall--
``(1) consider'';
(C) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(2) limit the comments of the agency to--
``(A) subject matter areas within the special expertise of
the agency; and
``(B) changes necessary to ensure the agency is carrying
out the obligations of that agency under the National
Environmental Policy Act of 1969 and other applicable law.'';
(10) in subsection (l) by striking the period at the end
and inserting ``and section 1503 of title 40, Code of Federal
Regulations.''; and
(11) by striking subsection (m) and inserting the
following:
``(m) Coordination and Schedule.--
``(1) Coordination plan.--
``(A) In general.--Not later than 90 days after the date of
publication of a notice of intent to prepare an environmental
impact statement or the initiation of an environmental
assessment, the Administrator of the Federal Aviation
Administration shall establish a plan for coordinating public
and agency participation in and comment on the environmental
review process for a project described or designated under
subsection (b). The coordination plan may be incorporated
into a memorandum of understanding.
``(B) Schedule.--
``(i) In general.--The Administration shall establish as
part of such coordination plan, after consultation with and
the concurrence of each participating agency for the project
and with the State in which the project is located (and, if
the State is not the project sponsor, with the project
sponsor), a schedule for--
``(I) interim milestones and deadlines for agency
activities necessary to complete the environmental review;
and
``(II) completion of the environmental review process for
the project.
``(ii) Factors for consideration.--In establishing the
schedule under clause (i), the Administration shall consider
factors such as--
``(I) the responsibilities of participating agencies under
applicable laws;
``(II) resources available to the cooperating agencies;
``(III) overall size and complexity of the project;
``(IV) the overall time required by an agency to conduct an
environmental review and make decisions under applicable
Federal law relating to a project (including the issuance or
denial of a permit or license) and the cost of the project;
and
``(V) the sensitivity of the natural and historic resources
that could be affected by the project.
``(iii) Maximum project schedule.--To the maximum extent
practicable and consistent with applicable Federal law, the
Administrator shall develop, in concurrence with the project
sponsor, a maximum schedule for the project described or
designated under subsection (b) that is not more than 2 years
for the completion of the environmental review process for
such projects, as measured from, as applicable the date of
publication of a notice of intent to prepare an environmental
impact statement to the record of decision.
``(iv) Dispute resolution.--
``(I) In general.--Any issue or dispute that arises between
the Administrator and participating agencies (or amongst
participating agencies) during the environmental review
process will be addressed expeditiously to avoid delay.
``(II) Responsibilities.--The Administrator and
participating agencies shall--
``(aa) implement the requirements of this section
consistent with any dispute resolution process established in
an applicable law, regulation, or legally binding agreement
to the maximum extent permitted by law; and
``(bb) seek to resolve issues or disputes at the earliest
possible time at the project level through agency employees
who have day-to-day involvement in the project.
``(III) Elevation for missed milestone.--If a dispute
between the Administrator and participating agencies (or
amongst participating agencies) causes a milestone to be
missed or extended, or the Administrator anticipates that a
permitting timetable milestone will be missed or will need to
be extended, then the dispute shall be elevated to an
official designated by the relevant agency for resolution.
Such elevation should take place as soon as practicable after
the Administrator becomes aware of the dispute or potential
missed milestone.
``(IV) Exception.--Disputes that do not impact the ability
of an agency to meet a milestone may be elevated as
appropriate.
``(V) Further evaluation.--Once a dispute has been elevated
to the designated official, if no resolution has been reached
at the end of 30 days after the relevant milestone date or
extension date, then the relevant agencies shall elevate the
dispute to senior agency leadership for resolution.
``(C) Consistency with other time periods.--A schedule
under subparagraph (B) shall be consistent with any other
relevant time periods established under Federal law.
``(D) Modification.--
``(i) In general.--Except as provided in clause (ii), the
Administrator may lengthen or shorten a schedule established
under subparagraph (B) for good cause. A decision by a
project sponsor to change, modify, expand, or reduce the
scope of a project may be considered as good cause for
lengthening or shortening of such schedule as appropriate and
based on the nature and extent of the proposed project
adjustment.
``(ii) Limitations.--
``(I) Lengthened schedule.--The Administrator may lengthen
a schedule under clause (i) for a cooperating Federal agency
by not more than 1 year after the latest deadline established
for the project described or designated under subsection (b)
by the Administration.
``(II) Shortened schedule.--The Administrator may not
shorten a schedule under clause (i) if doing so would impair
the ability of a cooperating Federal agency to conduct
necessary analyses or otherwise carry out relevant
obligations of the Federal agency for the project.
``(E) Failure to meet deadline.--If a cooperating Federal
agency fails to meet a deadline established under
subparagraph (D)(ii)(I)--
``(i) the cooperating Federal agency shall, not later than
10 days after meeting the deadline, submit to the
Administrator a report that describes the reasons why the
deadline was not met; and
``(ii) the Secretary shall--
``(I) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a copy of the report under clause (i); and
``(II) make the report under clause (i) publicly available
on the website of the agency.
``(F) Dissemination.--A copy of a schedule under
subparagraph (B), and of any modifications to the schedule,
shall be--
``(i) provided to all participating agencies and to the
State transportation department of the State in which the
project is located (and, if the State is not the project
sponsor, to the project sponsor); and
[[Page H3753]]
``(ii) made available to the public.
``(2) Comment deadlines.--The Administrator shall establish
the following deadlines for comment during the environmental
review process for a project:
``(A) For comments by agencies and the public on a draft
environmental impact statement, a period of not more than 60
days after publication in the Federal Register of notice of
the date of public availability of such statement, unless--
``(i) a different deadline is established by agreement of
the lead agency, the project sponsor, and all participating
agencies; or
``(ii) the deadline is extended by the lead agency for good
cause.
``(B) For all other comment periods established by the lead
agency for agency or public comments in the environmental
review process, a period of no more than 30 days from
availability of the materials on which comment is requested,
unless--
``(i) a different deadline is established by agreement of
the Administrator, the project sponsor, and all participating
agencies; or
``(ii) the deadline is extended by the lead agency for good
cause.
``(3) Deadlines for decisions under other laws.--In any
case in which a decision under any Federal law relating to a
project described or designated under subsection (b)
(including the issuance or denial of a permit or license) is
required to be made by the later of the date that is 180 days
after the date on which the Administrator made all final
decisions of the lead agency with respect to the project, or
180 days after the date on which an application was submitted
for the permit or license, the Administrator shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, and publish on the
website of the Administration--
``(A) as soon as practicable after the 180-day period, an
initial notice of the failure of the Federal agency to make
the decision; and
``(B) every 60 days thereafter until such date as all
decisions of the Federal agency relating to the project have
been made by the Federal agency, an additional notice that
describes the number of decisions of the Federal agency that
remain outstanding as of the date of the additional notice.
``(4) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for public
comment in the environmental review process under existing
Federal law, including a regulation.
``(n) Concurrent Reviews and Single NEPA Document.--
``(1) Concurrent reviews.--Each participating agency and
cooperating agency under the expedited and coordinated
environmental review process established under this section
shall--
``(A) carry out the obligations of that agency under other
applicable law concurrently, and in conjunction, with the
review required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), unless doing so would
impair the ability of the Federal agency to conduct needed
analysis or otherwise carry out such obligations; and
``(B) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of the environmental review process in a timely,
coordinated, and environmentally responsible manner.
``(2) Single nepa document.--
``(A) In general.--Except as inconsistent with subsection
(a), to the maximum extent practicable and consistent with
Federal law, all Federal permits and reviews for a project
shall rely on a single environment document prepared under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) under the leadership of the Administrator of the
Federal Aviation Administration.
``(B) Use of document.--
``(i) In general.--To the maximum extent practicable, the
Administrator shall develop an environmental document
sufficient to satisfy the requirements for any Federal
approval or other Federal action required for the project,
including permits issued by other Federal agencies.
``(ii) Cooperation of participating agencies.--Other
participating agencies shall cooperate with the lead agency
and provide timely information to help the lead agency carry
out this subparagraph.
``(C) Treatment as participating and cooperating
agencies.--A Federal agency required to make an approval or
take an action for a project, as described in this paragraph,
shall work with the Administration for the project to ensure
that the agency making the approval or taking the action is
treated as being both a participating and cooperating agency
for the project.
``(3) Participating agency responsibilities.--An agency
participating in the expedited and coordinated environmental
review process under this section shall--
``(A) provide comments, responses, studies, or
methodologies on those areas within the special expertise or
jurisdiction of the agency; and
``(B) use the process to address any environmental issues
of concern to the agency.
``(o) Environmental Impact Statement.--
``(1) In general.--In preparing a final environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for a project described or
designated under subsection (b), if the Administrator
modifies the statement in response to comments that are minor
and are confined to factual corrections or explanations of
why the comments do not warrant additional agency response,
the Administrator may write on errata sheets attached to the
statement instead of rewriting the draft statement, subject
to the condition that the errata sheets--
``(A) cite the sources, authorities, and reasons that
support the position of the agency; and
``(B) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
``(2) Single document.--To the maximum extent practicable,
for a project subject to a coordinated review process under
this section, the Administrator shall expeditiously develop a
single document that consists of a final environmental impact
statement and a record of decision, unless--
``(A) the final environmental impact statement or record of
decision makes substantial changes to the project that are
relevant to environmental or safety concerns; or
``(B) there is a significant new circumstance or
information relevant to environmental concerns that bears on
the proposed action or the environmental impacts of the
proposed action.
``(3) Length of environmental document.--
``(A) In general.--Except as provided in subparagraph (B),
an environmental impact statement shall not exceed 150 pages,
not including any citations or appendices.
``(B) Extraordinary complexity.--An environmental impact
statement for a proposed agency action of extraordinary
complexity shall not exceed 300 pages, not including any
citations or appendices.
``(p) Integration of Planning and Environmental Review.--
``(1) In general.--Subject to paragraph (5) and to the
maximum extent practicable and appropriate, the following
agencies may adopt or incorporate by reference, and use a
planning product in proceedings relating to, any class of
action in the environmental review process of a project
described or designated under subsection (b):
``(A) The lead agency for a project, with respect to an
environmental impact statement, environmental assessment,
categorical exclusion, or other document prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(B) A cooperating agency with responsibility under
Federal law with respect to the process for and completion of
any environmental permit, approval, review, or study required
for a project under any Federal law other than the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if
consistent with that law.
``(2) Identification.--If the relevant agency makes a
determination to adopt or incorporate by reference and use a
planning product under paragraph (1), such agency shall
identify the agencies that participated in the development of
the planning products.
``(3) Adoption or incorporation by reference of planning
products.--The relevant agency may--
``(A) adopt or incorporate by reference an entire planning
product under paragraph (1); or
``(B) select portions of a planning project under paragraph
(1) for adoption or incorporation by reference.
``(4) Timing.--The adoption or incorporation by reference
of a planning product under paragraph (1) may--
``(A) be made at the time the relevant agencies decide the
appropriate scope of environmental review for the project; or
``(B) occur later in the environmental review process, as
appropriate.
``(5) Conditions.--The relevant agency in the environmental
review process may adopt or incorporate by reference a
planning product under this section if the relevant agency
determines, with the concurrence of the lead agency and, if
the planning product is necessary for a cooperating agency to
issue a permit, review, or approval for the project, with the
concurrence of the cooperating agency, that the following
conditions have been met:
``(A) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(B) The planning product was developed in consultation
with appropriate Federal and State resource agencies and
Indian Tribes.
``(C) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide
transportation needs and potential effects, including effects
on the human and natural environment.
``(D) The planning process included public notice that the
planning products produced in the planning process may be
adopted during any subsequent environmental review process in
accordance with this section.
``(E) During the environmental review process, the relevant
agency has--
``(i) made the planning documents available for public
review and comment by members of the general public and
Federal, State, local, and Tribal governments that may have
an interest in the proposed project;
``(ii) provided notice of the intention of the relevant
agency to adopt or incorporate by reference the planning
product; and
``(iii) considered any resulting comments.
``(F) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting
the continued validity or appropriateness of the planning
product or portions thereof.
``(G) The planning product has a rational basis and is
based on reliable and reasonably current data and reasonable
and scientifically acceptable methodologies.
``(H) The planning product is documented in sufficient
detail to support the decision or the results of the analysis
and to meet requirements for use of the information in the
environmental review process.
``(I) The planning product is appropriate for adoption or
incorporation by reference and use in the environmental
review process for the project and is incorporated in
accordance with, and is sufficient to meet the requirements
of, the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and section 1502.21 of title 40, Code of
Federal Regulations.
[[Page H3754]]
``(6) Effect of adoption or incorporation by reference.--
Any planning product or portions thereof adopted or
incorporated by reference by the relevant agency in
accordance with this subsection may be--
``(A) incorporated directly into an environmental review
process document or other environmental document; and
``(B) relied on and used by other Federal agencies in
carrying out reviews of the project.
``(q) Report on NEPA Data.--
``(1) In general.--The Administrator of the Federal
Aviation Administration shall carry out a process to track,
and annually submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on projects described in subsection (b)(1)
that contains the information described in paragraph (3).
``(2) Time to complete.--For purposes of paragraph (3), the
NEPA process--
``(A) for an environmental impact statement--
``(i) begins on the date on which a notice of intent is
published in the Federal Register; and
``(ii) ends on the date on which the Administrator issues a
record of decision, including, if necessary, a revised record
of decision; and
``(B) for an environmental assessment--
``(i) begins on the date on which the Administrator makes a
determination to prepare an environmental assessment; and
``(ii) ends on the date on which the Administrator issues a
finding of no significant impact or determines that
preparation of an environmental impact statement is
necessary.
``(3) Information described.--The information referred to
in paragraph (1) is, with respect to the Federal Aviation
Administration--
``(A) the number of proposed actions for which a
categorical exclusion was applied by the Administration
during the reporting period;
``(B) the number of proposed actions for which a documented
categorical exclusion was applied by the Administration
during the reporting period;
``(C) the number of proposed actions pending on the date on
which the report is submitted for which the issuance of a
documented categorical exclusion by the Administration is
pending;
``(D) the number of proposed actions for which an
environmental assessment was issued by the Administration
during the reporting period;
``(E) the length of time the Administration took to
complete each environmental assessment described in
subparagraph (D);
``(F) the number of proposed actions pending on the date on
which the report is submitted for which an environmental
assessment is being drafted by the Administration;
``(G) the number of proposed actions for which a final
environmental impact statement was completed by the
Administration during the reporting period;
``(H) the length of time that the Administration took to
complete each environmental impact statement described in
subparagraph (G);
``(I) the number of proposed actions pending on the date on
which the report is submitted for which an environmental
impact statement is being drafted; and
``(J) for the proposed actions reported under subparagraphs
(F) and (I), the percentage of those proposed actions for
which--
``(i) project funding has been identified; and
``(ii) all other Federal, State, and local activities that
are required to allow the proposed action to proceed are
completed.
``(4) Definitions.--In this section:
``(A) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.1
of title 40, Code of Federal Regulations (or a successor
regulation).
``(B) Environmental impact statement.--The term
`environmental impact statement' means a detailed statement
required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(C) NEPA process.--The term `NEPA process' means the
entirety of the development and documentation of the analysis
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the assessment and
analysis of any impacts, alternatives, and mitigation of a
proposed action, and any interagency participation and public
involvement required to be carried out before the
Administrator undertakes a proposed action.
``(D) Proposed action.--The term `proposed action' means an
action (within the meaning of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title
that the Administrator proposes to carry out.
``(E) Reporting period.--The term `reporting period' means
the fiscal year prior to the fiscal year in which a report is
issued under subsection (a).''.
SEC. 474. SUBCHAPTER III DEFINITIONS.
Section 47175 of title 49, United States Code, is amended--
(1) in paragraph (3)(A) by striking ``and'' at the end and
inserting ``or'';
(2) in paragraph (4)--
(A) in subparagraph (A) by striking ``and'' at the end; and
(B) in subparagraph (B)--
(i) by striking ``(B)''; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs
(B) and (C), respectively;
(3) by striking paragraph (5);
(4) by redesignating paragraphs (3), (1), (4), (2), (6),
and (8) as paragraphs (1), (2), (3), (4), (5), and (6),
respectively; and
(5) by adding at the end the following:
``(8) Terminal development.--The term `terminal
development' has the same meaning given such term in section
47102.''.
SEC. 475. PILOT PROGRAM EXTENSION.
Section 190(i) of the FAA Reauthorization Act of 2018 (49
U.S.C. 47104 note) is amended by striking ``5 years'' and all
that follows through the period at the end and inserting ``on
October 1, 2028.''.
SEC. 476. PART 150 NOISE STANDARDS UPDATE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall review and revise part 150 of
title 14, Code of Federal Regulations, to reflect all
relevant laws and regulations, including part 161 of title
14, Code of Federal Regulations.
(b) Outreach.--As part of the review conducted under
subsection (a), the Administrator shall clarify existing and
future noise policies and standards and seek feedback from
airports, airport users, and individuals living in the
vicinity of airports before implementing any changes to any
noise policies or standards.
(c) Briefing.--Not later than 90 days after the date of
enactment of this Act, and every 6 months thereafter, the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate regarding the review conducted under subsection (a).
(d) Sunset.--The requirement under subsection (c) shall
terminate on September 30, 2028.
SEC. 477. REDUCING COMMUNITY AIRCRAFT NOISE EXPOSURE.
In implementing or revising a flight procedure, the
Administrator of the Federal Aviation Administration shall
seek to take the following actions (to the extent that such
actions do not negatively affect aviation safety or
efficiency) to reduce undesirable aircraft noise:
(1) Implement flight procedures that can mitigate the
impact of aircraft noise.
(2) Work with airport sponsors and potentially impacted
neighboring communities in establishing or modifying aircraft
arrival and departure routes.
(3) Discourage local encroachment of residential or other
buildings near airports that could create future aircraft
noise complaints or impact airport operations or aviation
safety.
SEC. 478. CATEGORICAL EXCLUSIONS.
(a) Categorical Exclusion for Projects of Limited Federal
Assistance.--An action by the Administrator of the Federal
Aviation Administration to approve, permit, finance, or
otherwise authorize any airport project that is undertaken by
the sponsor, owner, or operator of a public-use airport shall
be presumed to be covered by a categorical exclusion under
Federal Aviation Administration Order 1050.1F, or any
successor document, if such project--
(1) receives less than $6,000,000 (as adjusted annually by
the Administrator to reflect any increases in the Consumer
Price Index prepared by the Department of Labor) of Federal
funds or funds from charges collected under section 40117 of
title 49, United States Code; or
(2) with a total estimated cost of not more than
$35,000,000 (as adjusted annually by the Administrator to
reflect any increases in the Consumer Price Index prepared by
the Department of Labor) and Federal funds comprising less
than 15 percent of the total estimated project cost.
(b) Categorical Exclusion in Emergencies.--An action by the
Administrator to approve, permit, finance, or otherwise
authorize an airport project that is undertaken by the
sponsor, owner, or operator of a public-use airport shall be
presumed to be covered by a categorical exclusion under
Federal Aviation Administration Order 1050.1F, or any
successor document, if such project is--
(1) for the repair or reconstruction of any airport
facility, runway, taxiway, or similar structure that is in
operation or under construction when damaged by an emergency
declared by the Governor of the State and concurred in by the
Administrator, or for a disaster or emergency declared by the
President pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(2) in the same location with the same capacity,
dimensions, and design as the original airport facility,
runway, taxiway, or similar structure as before the
declaration described in this section; and
(3) commenced within a 2-year period beginning on the date
of a declaration described in this section.
(c) Extraordinary Circumstances.--The presumption that an
action is covered by a categorical exclusion under
subsections (a) and (b) shall not apply if the Administrator
determines that extraordinary circumstances exist with
respect to such action.
(d) Rule of Construction.--Nothing in this section shall be
construed to impact any aviation safety authority of the
Administrator.
(e) Definitions.--In this section:
(1) Categorical exclusion.--The term ``categorical
exclusion'' has the meaning given the term in section
1508.1(d) of title 40, Code of Federal Regulations.
(2) Public-use airport; sponsor.--The terms ``public-use
airport'' and ``sponsor'' have the meaning given such terms
in section 47102 of title 49, United States Code.
SEC. 479. CRITICAL HABITAT ON OR NEAR AIRPORT PROPERTY.
(a) Federal Agency Requirements.--The Administrator of the
Federal Aviation Administration, to the maximum extent
practicable, shall collaborate with the heads of appropriate
Federal agencies to ensure that designations of critical
habitat, as such term is defined in section 3 of the
Endangered Species Act of 1973 (16 U.S.C. 1532), on or near
airport property do not--
(1) result in conflicting statutory, regulatory, or Federal
grant assurance requirements for airports or aircraft
operators;
(2) interfere with the safe operation of aircraft; or
(3) occur on airport-owned lands that have become
attractive habitat for a threatened or endangered species
because such lands--
[[Page H3755]]
(A) have been prepared for future development;
(B) have been designated as noise buffer land; or
(C) are held by the airport to prevent encroachment of uses
that are incompatible with airport operations.
(b) State Requirements.--In a State in which a State agency
is authorized to designate land on or near airport property
for the conservation of a threatened or endangered species in
the State, the Administrator, to the maximum extent
practicable, shall collaborate with the State in the same
manner as the Administrator collaborates with the heads of
Federal agencies under subsection (a).
SEC. 480. UPDATING PRESUMED TO CONFORM LIMITS.
Not later than 24 months after the date of enactment of
this Act, the Administrator of the Federal Aviation
Administration shall take such actions as are necessary to
update the Administration's list of actions that are presumed
to conform to a State implementation plan pursuant to section
93.153(f) of title 40, Code of Federal Regulations, to
include projects relating to the construction of aircraft
hangars.
SEC. 481. RECOMMENDATIONS ON REDUCING ROTORCRAFT NOISE IN
DISTRICT OF COLUMBIA.
(a) Study.--The Comptroller General of the United States
shall conduct a study on reducing rotorcraft noise in the
District of Columbia.
(b) Contents.--The study conducted under subsection (a)
shall consider--
(1) the extent to which military operators consider
operating over unpopulated areas outside of the District of
Columbia for training missions;
(2) the extent to which vehicles or aircraft other than
conventional rotorcraft (such as unmanned aircraft) could be
used for emergency and law enforcement response; and
(3) the extent to which relevant operators and entities
have assessed and addressed, as appropriate, the noise
impacts of various factors of operating rotorcraft,
including, at a minimum--
(A) altitude;
(B) the number of flights;
(C) flight paths;
(D) time of day of flights;
(E) types of aircraft;
(F) operating procedures; and
(G) pilot training.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on preliminary observations with a report to follow at
a date agreed upon at the time of the briefing containing--
(1) the contents of the study conducted under subsection
(a); and
(2) any recommendations for the reduction of rotorcraft
noise in the District of Columbia.
(d) Relevant Operators and Entities Defined.--In this
section, the term ``relevant operators and entities'' means--
(1) the Chief of Police of the Metropolitan Police
Department of the District of Columbia;
(2) any medical rotorcraft operator that routinely flies a
rotorcraft over the District of Columbia; and
(3) any other operator that routinely flies a rotorcraft
over the District of Columbia.
SEC. 482. UFP STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an agreement with
the National Academies under which the National Research
Council shall carry out a study examining airborne ultrafine
particles and the effect of such particles on human health.
(b) Scope of Study.--The study conducted under subsection
(a) shall--
(1) summarize the relevant literature and studies done on
airborne UPFs worldwide;
(2) focus on large hub airports;
(3) examine airborne UFPs and their potential effect on
human health, including--
(A) characteristics of UFPs present in the air;
(B) spatial and temporal distributions of UFP
concentrations;
(C) primary sources of UFPs;
(D) the contribution of aircraft and airport operations to
the distribution of UFP concentrations compared to other
sources;
(E) potential health effects associated with elevated UFP
exposures, including outcomes related to cardiovascular
disease, respiratory infection and disease, degradation of
neurocognitive functions, and other health effects; and
(F) potential UFP exposures, especially to susceptible
groups;
(4) identify measures intended to reduce the release of
UFPs; and
(5) identify information gaps related to understanding
potential relationships between UFP exposures and health
effects, contributions of aviation-related emissions to UFP
exposures, and the effectiveness of mitigation measures.
(c) Coordination.-- The Administrator may coordinate with
the heads of such other agencies that the Administrator
considers appropriate to provide data and other assistance
necessary for the study.
(d) Report.--Not later than 180 days after the National
Research Council submits of the results of the study to the
Administrator, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing the
results of the study carried out under subsection (a),
including any recommendations based on such study.
(e) Definition of Ultrafine Particle.--In this section, the
terms ``ultrafine particle'' and ``UFP'' mean particles with
diameters less than or equal to 100 nanometers.
SEC. 483. AVIATION AND AIRPORT COMMUNITY ENGAGEMENT.
(a) Establishment of Task Force.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish an airport community
of interest task force (in this section referred to as the
``Task Force'') to evaluate and improve existing processes
and mechanisms for engaging communities impacted by airport
development and aviation operations.
(2) Activities.--The Task Force shall--
(A) review research on aircraft noise impacts to identify
potential actions the Administrator could take;
(B) review processes and practices of the Administration
for engaging communities prior to or after air traffic
pattern changes that impact such communities, including with
how such processes and practices compare to best practices
from organizations with expertise in grassroots community
organizing and collaboration;
(C) assess Federal efforts to mitigate noise impacts on
communities, including costs and benefits of such efforts;
(D) assess the various actions that State and local
government officials and community planners could take when
considering changes to airport infrastructure, including
planned airport projects or surrounding airport community
developments;
(E) identify potential improvements to Federal, State, and
local airport development policy and planning processes to
better balance which communities experience negative
externalities as a result of airport operations;
(F) consider guidance to airports and airport communities
to improve engagement with the Administration, as recommended
by the document titled ``Aircraft Noise: FAA Could Improve
Outreach Through Enhanced Noise Metrics, Communication, and
Support to Communities'', issued in September 2021 (GAO-21-
103933);
(G) consider mechanisms and opportunities for the
Administration to facilitate better exchange of helicopter
noise information with operators in communities adversely
impacted by helicopter noise, as recommended by the
Comptroller General in the document titled ``Aircraft Noise:
Better Information Sharing Could Improve Responses to
Washington, D.C. Area Helicopter Noise Concerns'' (GAO-21-
200); and
(H) review air traffic controller guidance on use and
development of noise abatement procedures of the
Administration to identify areas for improvement or
efficiency that do not adversely impact aviation safety.
(3) Composition.--
(A) Appointment.--The Administrator shall appoint the
members of the Task Force.
(B) Chairperson.--The Task Force shall be chaired by the
Administrator's executive level designee.
(C) Representation.--The Task Force shall be comprised of
representatives from--
(i) airport communities or a representative organization of
an airport community;
(ii) airport operators;
(iii) airlines;
(iv) experts with specific knowledge of air traffic
planning;
(v) aircraft manufacturers;
(vi) local government officials; and
(vii) such other representatives as the Administrator
considers appropriate.
(4) Compensation.--Members of the Task Force shall serve
without compensation.
(5) Nonapplicability of faca.--Chapter 10 of title 5,
United States Code, shall not apply to the Task Force
established under this section.
(6) Consultation.--The Task Force shall, as appropriate,
consult with relevant experts and stakeholders not listed in
paragraph (3)(C) in conducting the activities described in
paragraph (2).
(7) Reports.--
(A) Recommendations.--Not later than 1 year after the date
of the establishment of the Task Force and every year
thereafter through fiscal year 2028, the Task Force shall
provide to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the
Administrator recommendations to improve the processes and
mechanisms for engaging communities impacted by airport
development and aviation operations.
(B) Briefing.--Not later than 60 days after the submission
of the annual recommendations under subparagraph (A), the
Administrator shall brief the committees described in such
subparagraph on any plans of the Administration to implement
the recommendations of the Task Force, including explanations
for each of the recommendations the Administrator does not
intend to adopt.
(b) Engagement Events.--
(1) Annual event.--The Administrator shall seek to convene
at least 1 annual event in each geographic region of the
Administration to engage with aviation communities on issues
of regional import.
(2) Purpose.--The purpose of the engagement events
described under paragraph (1) shall be to foster open and
transparent communication between the Federal Government and
aviation-impacted communities prior to, during, and after
decision making at the Federal level.
(3) Topics of consideration.--The topics of consideration
of such engagement events shall be approved by the Regional
Administrator or the Regional Community Engagement Officer of
the applicable region, in consultation with regional interest
groups. Topic areas shall be driven by local and regional
feedback and may focus on--
(A) noise concerns from low-flying commercial aircraft;
(B) purchase and installation of aircraft noise reduction
measures;
[[Page H3756]]
(C) new development projects in close proximity to airports
and realistic noise expectations for such projects;
(D) proposed airport expansion projects and the potential
noise implications of such projects;
(E) the establishment of new, or changes to existing,
approach and departure routes and the community impacts of
such changes;
(F) upcoming events with an aviation component; or
(G) any other topic or issue considered relevant by an
aviation-impacted community.
(4) Participation.--
(A) Coordination.--All events described in paragraph (3)
shall be convened by or in coordination with the regional
offices of the Administration.
(B) Attendance by representatives.--The Administrator shall
ensure representatives from relevant program offices of the
Administration are in attendance at such events.
(C) Appropriate participation.--The Administrator shall
collaborate with community groups at the State, municipal,
city, or local government level to ensure appropriate
participation by as many relevant parties on a given issue as
practicable. Such relevant parties may include--
(i) State or local government officials;
(ii) local or municipal planning and zoning officials;
(iii) neighborhood representatives;
(iv) aircraft operators, flight school representatives, or
other local aviation entities;
(v) airport operators; and
(vi) any other parties as appropriate.
(D) Coordination.--The Administrator shall coordinate
Federal participation that is not under the Administration
through the Federal Interagency Committee on Aviation Noise
to encourage appropriate Federal representation at all such
events, based on the topic areas of consideration.
SEC. 484. COMMUNITY COLLABORATION PROGRAM.
(a) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a Community
Collaboration Program (in this section referred to as the
``Program'') within the Office for Policy, International
Affairs, and Environment of the Administration.
(b) Staff.--The Program shall be comprised of
representatives from--
(1) the Office for Policy, International Affairs, and
Environment of the Administration;
(2) the Office of Airports of the Administration;
(3) the Air Traffic Organization of the Administration; and
(4) other entities as considered appropriate by the
Administrator.
(c) Responsibilities.--
(1) In general.--The Program shall facilitate and
harmonize, as appropriate, policies and procedures carried
out by the entities listed in subsection (b) pertaining to
community engagement relating to--
(A) airport planning and development;
(B) noise and environmental policy;
(C) NextGen implementation;
(D) air traffic route changes;
(E) integration of new and emerging entrants; and
(F) other topics with respect to which community engagement
is critical to program success.
(2) Specified responsibilities.--The responsibilities of
the Program lead shall include--
(A) the establishment of, and membership selection for, the
Airport Community of Interest Task Force, established under
section 483;
(B) joint execution with Federal Aviation Administration
Regional Administrators of regional community engagement
events, as described in section 483;
(C) updating the internal guidance of the Administration
for community engagement based on recommendations from such
Task Force and best practices of other Federal agencies and
external organizations with expertise in community
engagement;
(D) coordinating with the Air Traffic Organization on
community engagement efforts related to air traffic procedure
changes to ensure that impacted communities are consulted in
a meaningful way;
(E) oversight of Regional Ombudsmen of the Administration;
(F) oversight, streamlining, and increasing the
responsiveness of the noise complaint process of the
Administration by--
(i) centralizing noise complaint data and improving data
collection methodologies;
(ii) increasing public accessibility to such Regional
Ombudsmen;
(iii) ensuring such Regional Ombudsmen are consulted in
local air traffic procedure development decisions;
(iv) collecting feedback from such Regional Ombudsmen to
inform national policymaking efforts; and
(v) other recommendations made by the Airport Community of
Interest Task Force;
(G) timely implementation of the recommendations, as
appropriate, made by the Comptroller General of the United
States to the Secretary of Transportation contained in the
report titled ``Aircraft Noise: FAA Could Improve Outreach
Through Enhanced Noise Metrics, Communication, and Support to
Communities'', issued in September 2021 (GAO-21-103933) to
improve the outreach of the FAA to local communities impacted
by aircraft noise, including--
(i) any recommendations to--
(I) identify appropriate supplemental metrics for assessing
noise impacts and circumstances for their use to aid in the
internal assessment of the Administration of noise impacts
related to proposed flight path changes;
(II) update guidance to incorporate additional tools to
more clearly convey expected impacts, such as other noise
metrics and visualization tools; and
(III) improve guidance to airports and communities on
effectively engaging with the Administration; and
(ii) any other recommendations included in the report that
would assist the agency in improving outreach to communities
affected by aircraft noise; and
(H) other responsibilities as considered appropriate by the
Administrator.
(d) Report.--Not later than 2 years after the Administrator
implements the recommendations described in subsection
(c)(2)(H), the Administrator shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing--
(1) the implementation of each such recommendation;
(2) how any recommended actions are assisting the
Administrator in improving outreach to communities affected
by aircraft noise and other community engagement concerns;
and
(3) any challenges or barriers that limit or prevent the
ability of the Administrator to take such actions.
SEC. 485. THIRD PARTY STUDY ON AVIATION NOISE METRICS.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an agreement with
the National Academies to conduct a study on aviation noise
metrics.
(b) Contents.--The study required under subsection (a)
shall include an assessment of--
(1) the efficacy of the day-night average sound level (in
this section referred to as ``DNL'') noise metric compared to
other alternative models;
(2) the disadvantages of the DNL noise metric in effect as
of the date of enactment of this Act compared to other
alternative models;
(3) any potential changes that should be made to the DNL
noise metric in effect as of the date of enactment of this
Act; and
(4) the data collected by the Neighborhood Environmental
Survey of the Administration using alternative noise metrics.
(c) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the National Academies shall
submit to the Administrator, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate a report--
(1) on the results of the study described in subsection
(a); and
(2) containing recommendations regarding the most
appropriate metric to adequately assess the public health
impacts of aircraft noise.
SEC. 486. INFORMATION SHARING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation,
acting through the Administrator of the Federal Aviation
Administration, shall establish a mechanism to make
helicopter noise complaint data accessible to the Federal
Aviation Administration, to helicopter operators operating in
the Washington, D.C. area, and to the public on a website of
the Administration, based on the recommendation of the
Government Accountability Office in the report published on
January 7, 2021, titled ``Aircraft Noise: Better Information
Sharing Could Improve Responses to Washington, D.C. Area
Helicopter Noise Concerns''.
(b) Cooperation.--Any helicopter operator operating in the
Washington, D.C. area shall provide helicopter noise
complaint data to the Federal Aviation Administration through
the mechanism established under subsection (a).
(c) Definitions.--In this section:
(1) Helicopter noise complaint data.--The term ``helicopter
noise complaint data''--
(A) means general data relating to a complaint made by an
individual about helicopter noise in the Washington, D.C.
area and may include--
(i) the location and description of the event that is the
subject of the complaint;
(ii) the start and end time of such event;
(iii) a description of the aircraft that is the subject of
the complaint; and
(iv) the airport name associated with such event; and
(B) does not include the personally identifiable
information of the individual who submitted the complaint.
(2) Washington, d.c. area.--The term ``Washington, D.C.
area'' means the area inside of a 30-mile radius surrounding
Ronald Reagan Washington National Airport.
TITLE V--AVIATION SAFETY
Subtitle A--General Provisions
SEC. 501. ZERO TOLERANCE FOR NEAR MISSES, RUNWAY INCURSIONS,
AND SURFACE SAFETY RISKS.
(a) Policy.--
(1) In general.--Section 47101(a) of title 49, United
States Code, is amended--
(A) by redesignating paragraphs (2) through (13) as
paragraphs (3) through (14), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) that projects, activities, and actions that prevent
runway incursions serve to--
``(A) improve airport surface surveillance; and
``(B) mitigate surface safety risks that are essential to
ensuring the safe operation of the airport and airway
system;''.
(2) Conforming amendments.--Section 47101 of title 49,
United States Code, is amended--
(A) in subsection (g) by striking ``subsection (a)(5)'' and
inserting ``subsection (a)(6)''; and
(B) in subsection (h) by striking ``subsection (a)(6)'' and
inserting ``subsection (a)(7)''.
(3) Continuous evaluation.--In carrying out section
47101(a) of title 49, United States Code,
[[Page H3757]]
as amended by this subsection, the Administrator of the
Federal Aviation Administration shall establish a process to
continuously track and evaluate ground traffic and air
traffic activity and related incidents at airports.
(b) Runway Safety Council.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a council, to be
known as the ``Runway Safety Council'' (in this section
referred to as the ``Council''), to develop a systematic
proactive management strategy to address surface safety
risks.
(2) Duties.--The duties of the Council shall include, at a
minimum, advancing the development of risk-based, data
driven, integrated systems solutions and strategies to
enhance surface safety risk mitigation.
(3) Membership.--
(A) In general.--In establishing the Council, the
Administrator shall appoint at least 1 member from each of
the following:
(i) Airport operators.
(ii) Air carriers.
(iii) Aircraft operators.
(iv) Avionics manufacturers.
(v) Flight schools.
(vi) The certified bargaining representative of aviation
safety inspectors for the Administration.
(vii) The exclusive bargaining representative of the air
traffic controllers certified under section 7111 of title 5,
United States Code.
(viii) Other safety experts the Administrator determines
appropriate.
(B) Additional members.--The Administrator may appoint
members representing any other stakeholder organization that
the Administrator determines appropriate to the Runway Safety
Council.
(c) Airport Surface Surveillance.--
(1) Identification.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall, in
coordination with the Council, consult with relevant
stakeholders to identify technologies, equipment, and systems
that--
(A) may provide airport surface surveillance capabilities
at airports lacking such capabilities;
(B) may augment existing airport surface surveillance
systems; or
(C) may provide onboard situational awareness to pilots.
(2) Criteria.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(A) based on the information obtained pursuant to paragraph
(1), identify airport surface surveillance systems that meet
the standards of the Administration and may be able to--
(i) provide airport surface surveillance capabilities at
airports lacking such capabilities; or
(ii) augment existing airport surface surveillance systems;
and
(B) establish clear and quantifiable criteria relating to
operational factors, including ground traffic and air traffic
activity and the rate of runway and terminal airspace safety
events (including runway incursions), that determine when the
installation and deployment of an airport surface
surveillance system, or other runway safety system (including
runway status lights), at an airport is required.
(3) Deployment.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall ensure that
airport surface surveillance systems are deployed and
operational at--
(A) all airports described in paragraph (2)(A); and
(B) all medium and large hub airports.
(4) Report.--Not later than 4 years after the date of
enactment of this Act, the Administrator shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the progress of the
deployment described in paragraph (3).
(d) Foreign Object Debris Detection.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall assess, in
coordination with the Council, automated foreign object
debris monitoring and detection systems at not less than 3
airports that are using such systems.
(2) Considerations.--In conducting the assessment under
paragraph (1), the Administrator shall consider the
following:
(A) The categorization of an airport.
(B) The potential frequency of foreign object debris
incidents on airport runways or adjacent ramp areas.
(C) The availability of funding for the installation and
maintenance of foreign object debris monitoring and detection
systems.
(D) The impact of such systems on the airfield operations
of an airport.
(E) The effectiveness of available foreign object debris
monitoring and detection systems.
(F) Any other factors relevant to assessing the return on
investment of foreign object debris monitoring and detection
systems.
(3) Consultation.--In carrying out this subsection, the
Administrator and the Council shall consult with
manufacturers and suppliers of foreign object debris
detection technology and any other relevant stakeholders.
(e) Runway Safety Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall seek to enter
into an agreement with a federally funded research and
development center to conduct a study of runway incursions,
surface incidents, operational errors, or losses of standard
separation of aircraft in the approach or departure phase of
flight to determine how advanced technologies and future
airport development projects may be able to reduce the
frequency of such events and enhance aviation safety.
(2) Considerations.--In conducting the study under
paragraph (1), the federally funded research and development
center shall--
(A) examine data relating to recurring runway incursions,
surface incidents, operational errors, or losses of standard
separation of aircraft in the approach or departure phase of
flight at airports to identify the underlying factors that
caused such events;
(B) assess metrics used to identify when such events are
increasing at an airport;
(C) assess available and developmental technologies,
including and beyond such technologies considered in
subsection (c), that may augment existing air traffic
management capabilities of surface surveillance and terminal
airspace equipment;
(D) consider growth trends in airport size, staffing and
communication complexities to identify--
(i) future gaps in information exchange between aerospace
stakeholders; and
(ii) methods for meeting future near real-time information
sharing needs; and
(E) examine airfield safety training programs used by
airport tenants and other stakeholders operating on airfields
of airports, including airfield familiarization training
programs for employees, to assess scalability to handle
future growth in airfield capacity and traffic.
(3) Recommendations.--In conducting the study required by
paragraph (1), the federally funded research and development
center shall develop recommendations for the strategic
planning efforts of the Administration to appropriately
maintain surface safety considering future increases in air
traffic and based on the considerations described in
paragraph (2).
(4) Report to congress.--Not later than 90 days after the
completion of the study required by paragraph (1), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the findings of such study and any
recommendations developed under paragraph (3).
(f) Airport Surface Detection and Surveillance System
Defined.--In this section, the term ``airport surface
detection and surveillance system'' means an airport
surveillance system that is--
(1) designed to track surface movement of aircraft and
vehicles; and
(2) capable of alerting air traffic controllers or flight
crew members of a possible runway incursion, misaligned
approach, or other safety event.
SEC. 502. GLOBAL AVIATION SAFETY.
(a) In General.--Section 40104(d) of title 49, United
States Code, (as redesignated by section 325) is amended--
(1) in the subsection heading by inserting``and
Assistance'' after ``International Role'';
(2) in paragraph (1) by striking ``The Administrator'' and
inserting ``In carrying out subsection (a), the
Administrator'';
(3) by redesignating paragraph (2) as paragraph (4); and
(4) by inserting after paragraph (1) the following:
``(2) International presence.--The Administrator shall
maintain an international presence to--
``(A) assist foreign civil aviation authorities in--
``(i) establishing robust aviation oversight practices and
policies;
``(ii) training staff, to include inspectors and accident
investigators;
``(iii) harmonizing international aviation standards for
air traffic management, operator certification, aircraft
certification, airports, and certificated or credentialed
individuals;
``(iv) validating and accepting foreign aircraft design and
production approvals;
``(v) maintaining appropriate levels of air navigation
services;
``(vi) preparing for new aviation technologies; and
``(vii) appropriately adopting continuing airworthiness
information, such as airworthiness directives;
``(B) encourage the adoption of United States standards,
regulations, and policies;
``(C) establish, maintain, and update bilateral or
multilateral aviation safety agreements and the aviation
safety information contained within such agreements;
``(D) engage in bilateral and multilateral discussions and
provide technical assistance as described in paragraph (5);
``(E) validate foreign aviation products and ensure
reciprocal validation of products for which the United States
is the state of design or production;
``(F) support accident and incident investigations,
particularly such investigations that involve United States
persons and certified products and such investigations where
the National Transportation Safety Board is supporting an
investigation pursuant to annex 13 of the International Civil
Aviation Organization;
``(G) support the international activities of the United
States aviation sector;
``(H) maintain valuable relationships with entities with
aviation equities, including civil aviation authorities,
other governmental bodies, non-governmental organizations,
and foreign manufacturers; and
``(I) perform other activities as determined necessary by
the Administrator.''.
(b) Review of International Field Offices.--Section
40104(d) of title 49, United States Code, (as redesignated by
section 325) is further amended by inserting after paragraph
(2) the following:
``(3) International offices.--In carrying out the
responsibilities described in subsection (a), the
Administrator shall--
``(A) maintain international offices of the Administration;
``(B) every 3 years, review existing international offices
to determine--
[[Page H3758]]
``(i) the effectiveness of such offices in fulfilling the
mission described in paragraph (2); and
``(ii) the adequacy of resources and staffing to achieve
the mission described in paragraph (2);
``(C) establish offices to address gaps identified by the
review under subparagraph (B) and in furtherance of the
mission described in paragraph (2), putting an emphasis on
establishing such offices--
``(i) where international civil aviation authorities are
located;
``(ii) where regional intergovernmental organizations are
located;
``(iii) in countries that have difficulty maintaining a
category 1 classification through the International Aviation
Safety Assessment program; and
``(iv) in regions that have experienced substantial growth
in aviation operations or manufacturing.''.
(c) Bilateral Aviation Safety Agreements.--
(1) Establishment.--Section 40104(d) of title 49, United
States Code, (as redesignated by section 325) is further
amended by inserting after paragraph (4) the following:
``(5) Bilateral aviation safety agreements.--
``(A) In general.--The Administrator shall negotiate, enter
into, promote, enforce, evaluate the effectiveness of, and
seek to update bilateral or multilateral aviation safety
agreements, and the parts of such agreements, with
international aviation authorities.
``(B) Purpose.--The Administrator shall seek to enter into
bilateral aviation safety agreements under this section to,
at a minimum--
``(i) improve global aviation safety;
``(ii) increase harmonization of, and reduce duplicative,
requirements, processes, and approvals to advance the
aviation interests of the United States;
``(iii) ensure access to international markets for
operators, service providers, and manufacturers from the
United States; and
``(iv) put in place procedures for recourse when a party to
such agreements fails to meet the obligations of such party
under such agreements.
``(C) Scope.--The scope of a bilateral aviation safety
agreement entered into under this section shall, as
appropriate, cover existing aviation users and concepts and
establish a process by which bilateral aviation safety
agreements can be updated to include new and novel concepts
on an ongoing basis.
``(D) Contents.--Bilateral aviation safety agreements
entered into under this section shall, as appropriate and
consistent with United States law and regulation, include
topics such as--
``(i) airworthiness, certification, and validation;
``(ii) maintenance;
``(iii) operations and pilot training;
``(iv) airspace access, efficiencies, and navigation
services;
``(v) transport category aircraft;
``(vi) fixed-wing aircraft, rotorcraft, and powered-lift
aircraft;
``(vii) aerodrome certification;
``(viii) unmanned aircraft and associated elements of such
aircraft;
``(ix) flight simulation training devices;
``(x) new or emerging technologies and technology trends;
and
``(xi) other topics as determined appropriate by the
Administrator.
``(E) Rule of construction.--Bilateral or multilateral
aviation safety agreements entered into under this subsection
shall not be construed to diminish or alter any authority of
the Administrator under any other provision of law.''.
(2) Audit of validation activities under bilateral aviation
safety agreements.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the inspector general of the
Department of Transportation shall initiate an audit of
bilateral compliance with respect to the validation of
aircraft and aircraft parts as set forth in bilateral or
multilateral aviation safety agreements between the Federal
Aviation Administration and the civil aviation authorities
of--
(i) the European Union;
(ii) Canada;
(iii) Brazil;
(iv) China;
(v) the United Kingdom; and
(vi) any other country as determined by the inspector
general.
(B) Review contents.--As part of the review required under
this subsection, the inspector general shall evaluate the
performance of validation programs by assessing--
(i) validation timelines and milestones for individual
projects;
(ii) trends relating to the repeated use of nonbasic
criteria to review systems and methods of compliance that
have been validated previously in similar contexts;
(iii) the extent to which implementation tools such as
validation workplans and safety emphasis items have addressed
validation issues;
(iv) the perspective of Administration employees;
(v) the perspective of employees of other civil aviation
authorities, who wish to provide such perspective, on the
validation of products certified in the United States and the
validation of products by the United States of products
certified abroad; and
(vi) the perspective of domestic and foreign industry
applicants seeking validation of aircraft and aircraft parts.
(C) Report and recommendations.--Not later than 14 months
after beginning the audit under paragraph (1), the
Comptroller General shall provide to the Administrator of the
Federal Aviation Administration, the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the
findings of the audit and any recommendations to increase
compliance and improve the validation timeframes of aircraft
and aircraft parts.
(d) International Engagement Strategy.--Section 40104(d) of
title 49, United States Code, (as redesignated by section
325) is further amended by inserting after paragraph (5) the
following:
``(6) Strategic plan.--The Administrator shall maintain a
strategic plan for the international engagement of the
Administration that includes--
``(A) all elements of the report required in section
243(b)(1) of the FAA Reauthorization Act of 2018 (49 U.S.C.
44701 note);
``(B) measures to fulfill the mission described in
paragraph (2);
``(C) initiatives to attain greater expertise among
employees of the Federal Aviation Administration in issues
related to dispute resolution, intellectual property, and
expert control laws;
``(D) policy regarding the future direction and strategy of
the United States engagement with the International Civil
Aviation Organization;
``(E) procedures for acceptance of mandatory airworthiness
information, such as airworthiness directives, and other
safety-related regulatory documents, including procedures to
implement the requirements of section 44701(e)(5);
``(F) all factors, including funding and resourcing,
necessary for the Administration to maintain leadership in
the global activities related to aviation safety and air
transportation; and
``(G) establishment of, and a process to regularly track
and update, metrics to measure the effectiveness of, and
foreign civil aviation authority compliance with, bilateral
aviation safety agreements.''.
SEC. 503. AVAILABILITY OF PERSONNEL FOR INSPECTIONS, SITE
VISITS, AND TRAINING.
Section 40104 of title 49, United States Code, is further
amended by adding at the end the following:
``(f) Travel.--The Administrator and the Secretary of
Transportation shall, in carrying out the responsibilities
described in subsection (a), delegate to the appropriate
supervisors of offices of the Administration the ability to
authorize the domestic and international travel of relevant
personnel who are not in the Federal Aviation Administration
Executive System, without any additional approvals required,
for the purposes of--
``(1) promoting aviation safety, aircraft operations, air
traffic, airport, unmanned aircraft systems, and other
aviation standards and regulations adopted by the United
States;
``(2) facilitating the adoption of United States approaches
on standards and recommended practices at the International
Civil Aviation Organization;
``(3) promoting environmental standards adopted by the
United States and standards promulgated under section 44714;
``(4) supporting the acceptance of Administration design
and production approvals by other civil aviation authorities;
``(5) training Administration personnel and training
provided to other persons;
``(6) engaging with regulated entities, including
performing site visits;
``(7) activities associated with subsections (c) through
(f) of this section; and
``(8) other activities as determined by the
Administrator.''.
SEC. 504. HELICOPTER AIR AMBULANCE OPERATIONS.
(a) Outdated Air Ambulance Rulemaking Requirement.--Section
44730 of title 49, United States Code, is amended--
(1) in subsection (a)(1) by striking ``not later than 180
days after the date of enactment of this section,'';
(2) in subsection (c) by striking ``address the following''
and inserting ``consider, or address through other means, the
following'';
(3) in subsection (d) by striking ``provide for the
following'' and inserting ``consider, or address through
other means, the following''; and
(4) in subsection (e)--
(A) in the heading by striking ``Subsequent Rulemaking''
and inserting ``Subsequent Actions'';
(B) in paragraph (1) by striking ``shall conduct a follow-
on rulemaking to address the following:'' and inserting
``shall address through a follow-on rulemaking, or through
such other means that the Administrator considers
appropriate, the following:'';
(C) by striking paragraph (2); and
(D) by redesignating paragraph (3) as paragraph (2).
(b) Safety Management Systems Briefing.--Not later than 180
days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on how the proposed
rule published on January, 11, 2023, titled ``Safety
Management System'' (88 Fed. Reg. 1932) will--
(1) improve helicopter air ambulance operations and
piloting; and
(2) consider the use of safety equipment by flight crew and
medical personnel on a helicopter conducting an air ambulance
operation.
(c) Improvement of Publication of Helicopter Air Ambulance
Operations Data.--Section 44731 of title 49, United States
Code, is amended--
(1) by striking subsection (d);
(2) in subsection (e)--
(A) in paragraph (1) by striking ``and'' at the end; and
[[Page H3759]]
(B) by striking paragraph (2) and inserting the following:
``(2) make publicly available, in part or in whole, on the
website of the Federal Aviation Administration website, the
database developed pursuant to subsection (c); and
``(3) analyze the data submitted under subsection (a)
periodically and use such data to inform efforts to improve
the safety of helicopter air ambulance operations.''; and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
SEC. 505. GLOBAL AIRCRAFT MAINTENANCE SAFETY IMPROVEMENTS.
(a) FAA Oversight of Repair Stations Located Outside the
United States.--
(1) In general.--Section 44733 of title 49, United States
Code, is amended--
(A) in the heading by striking ``Inspection'' and inserting
``Oversight'';
(B) in subsection (a) by striking ``Not later than 1 year
after the date of enactment of this section, the'' and
inserting ``The'';
(C) in subsection (e)--
(i) by inserting ``, without prior notice to such repair
stations,'' after ``annually'';
(ii) by inserting ``and the applicable laws of the country
in which the repair station is located'' after
``international agreements''; and
(iii) by striking the last sentence and inserting ``The
Administrator may carry out announced or unannounced
inspections in addition to the annual unannounced inspection
required under this subsection based on identified risks and
in a manner consistent with United States obligations under
international agreements and the applicable laws of the
country in which the part 145 repair station is located.'';
(D) by redesignating subsection (g) as subsection (j); and
(E) by inserting after subsection (f) the following:
``(g) Data Analysis.--
``(1) In general.--Each fiscal year in which a part 121 air
carrier has had heavy maintenance work performed on an
aircraft owned or operated by such carrier, such carrier
shall provide to the Administrator, not later than the end of
the following fiscal year, a report containing the
information described in paragraph (2).
``(2) Information required.--A report under paragraph (1)
shall contain the following:
``(A) The location where any heavy maintenance work on
aircraft was performed outside the United States.
``(B) A description of the work performed at each such
location.
``(C) The date of completion of the work performed at each
such location.
``(D) A list of all failures, malfunctions, or defects
affecting the safe operation of such aircraft identified by
the air carrier not later than 30 days after the date on
which an aircraft is returned to service, organized by
reference to aircraft registration number, that--
``(i) requires corrective action after the aircraft is
approved for return to service; and
``(ii) results from such work performed on such aircraft.
``(E) The certificate number of the person approving such
aircraft or on-wing aircraft engine, for return to service
following completion of the work performed at each such
location.
``(3) Analysis.--The Administrator shall--
``(A) analyze information provided under this subsection
and sections 121.703, 121.705, 121.707, and 145.221 of title
14, Code of Federal Regulations, or any successor provisions
of such title, to detect safety issues associated with heavy
maintenance work on aircraft performed outside the United
States; and
``(B) require appropriate actions by an air carrier or
repair station in response to any safety issue identified by
the analysis conducted under subparagraph (A).
``(4) Confidentiality.--Information provided under this
subsection shall be subject to the same protections given to
voluntarily provided safety or security related information
under section 40123.
``(h) Applications and Prohibition.--
``(1) In general.--The Administrator may not approve any
new application under part 145 of title 14, Code of Federal
Regulations, from a person located or headquartered in a
country that the Administration, through the International
Aviation Safety Assessment program, has classified as
Category 2.
``(2) Exception.--Paragraph (1) shall not apply to an
application for the renewal of a certificate issued under
part 145 of title 14, Code of Federal Regulations.
``(3) Maintenance implementation procedures agreement.--The
Administrator may elect not to enter into a new maintenance
implementation procedures agreement with a country classified
as Category 2, for as long as the country remains classified
as Category 2.
``(3) Prohibition on continued heavy maintenance work.--No
part 121 air carrier may enter into a new contract for heavy
maintenance work with a person located or headquartered in a
country that the Administrator, through the International
Aviation Safety Assessment program, has classified as
Category 2, for as long as such country remains classified as
Category 2.
``(i) Minimum Qualifications for Mechanics and Others
Working on U.S. Registered Aircraft.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, the Administrator shall require
that, at each covered repair station--
``(A) all supervisory personnel of such station are
appropriately certificated as a mechanic or repairman under
part 65 of title 14, Code of Federal Regulations, or under an
equivalent certification or licensing regime, as determined
by the Administrator; and
``(B) all personnel of such station authorized to approve
an article for return to service are appropriately
certificated as a mechanic or repairman under part 65 of such
title, or under an equivalent certification or licensing
regime, as determined by the Administrator.
``(2) Available for consultation.--Not later than 2 years
after the date of enactment of this subsection, the
Administrator shall require any individual who is responsible
for approving an article for return to service or who is
directly in charge of heavy maintenance work performed on
aircraft operated by a part 121 air carrier be available for
consultation while work is being performed at a covered
repair station.''.
(2) Definitions.--
(A) In general.--Section 44733(j) of title 49, United
States Code (as redesignated by this section), is amended--
(i) in paragraph (1) by striking ``aircraft'' and inserting
``aircraft (including on-wing aircraft engines)'';
(ii) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(iii) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Covered repair station.--The term `covered repair
station' means a facility that--
``(A) is located outside the United States;
``(B) is a part 145 repair station; and
``(C) performs heavy maintenance work on aircraft operated
by a part 121 air carrier.''.
(B) Technical amendment.--Section 44733(a)(3) of title 49,
United States Code, is amended by striking ``covered part 145
repair stations'' and inserting ``part 145 repair stations''.
(3) Conforming amendments.--The analysis for chapter 447 of
title 49, United States Code, is amended by striking the item
relating to section 44733 and inserting the following:
``44733. Oversight of repair stations located outside the United
States.''.
(b) International Standards for Safety Oversight of
Extraterritorial Repair Stations.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall invite other civil aviation
authorities to convene with the Administration an
extraterritorial repair station working group (hereinafter
referred to as the ``Working Group'') to conduct a review of
the certification and oversight of extraterritorial repair
stations and to identify any future enhancements or
harmonization that might be appropriate to strengthen
oversight of such repair stations and improve global aviation
safety.
(2) Composition of working group.--The Working Group shall
consist of--
(A) technical representatives from the FAA; and
(B) such other civil aviation authorities or international
intergovernmental aviation safety organizations as the
Administrator determines appropriate and are willing to
participate, including--
(i) civil aviation authorities responsible for
certificating extraterritorial repair stations; and
(ii) civil aviation authorities of countries in which
extraterritorial repair stations are located.
(3) Consultation.--In conducting the review under this
section, the Working Group shall, as appropriate, consult
with relevant experts and stakeholders.
(4) Recommendations.--The Working Group shall make
recommendations with respect to any future enhancements that
might be appropriate to--
(A) strengthen oversight of extraterritorial repair
stations; and
(B) better leverage the resources of other civil aviation
authorities to conduct such oversight.
(5) Reports.--
(A) Repair station working group report.--In establishing
the Working Group, the Administrator shall task the Working
Group with submitting to the participating civil aviation
authorities a report containing the findings of the
recommendations made under paragraph (4).
(B) FAA report.--
(i) Transmission of repair station working group report.--
The Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a copy of the report required
under subparagraph (A) as soon as is practicable after the
receipt of such report.
(ii) FAA briefing to congress.--Not later than 45 days
after receipt of the report under paragraph (1), the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on--
(I) whether the Administrator concurs or does not concur
with each recommendation contained in the report required
under subparagraph (A);
(II) any recommendation with which the Administrator does
not concur, a detailed explanation as to why the
Administrator does not concur;
(III) a plan to implement each recommendation with which
the Administrator concurs; and
(IV) a plan to work with the international community to
implement the recommendations applicable to both the FAA as
well as other civil aviation authorities.
(6) Termination.--The Working Group shall terminate 90 days
after the date of submission of the report under paragraph
(5)(A), unless the Administrator or another participant of
the Working Group requests for an extension of the Working
Group in order to inform the implementation and harmonization
of any recommendation applicable to multiple civil aviation
authorities.
(7) Definition of extraterritorial repair station.--In this
subsection, the term
[[Page H3760]]
``extraterritorial repair station'' means a repair station
that performs heavy maintenance work on an aircraft
(including on-wing engines) and that is located outside of
the territory of the country of the civil aviation authority
which certificated the repair station.
(c) Alcohol and Drug Testing and Background Checks.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report updating Congress on the progress and
challenges involved with carrying out the requirements of
subsection (b) of section 2112 of the FAA Extension, Safety,
and Security Act of 2016 (49 U.S.C. 44733).
(2) Sunset.--The reporting requirement under paragraph (1)
shall cease to be effective after a final rule carrying out
the requirements of such subsection (b) has been published in
the Federal Register.
(3) Rulemaking on assessment requirement.--With respect to
any employee not covered under the requirements of section
1554.101 of title 49, Code of Federal Regulations, the
Administrator shall initiate a rulemaking or request the head
of another Federal agency to initiate a rulemaking that
requires a covered repair station to confirm that any such
employee has successfully completed an assessment
commensurate with a security threat assessment described in
subpart C of part 1540 of such title.
(d) Definitions.--In this section:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(3) Covered repair station; heavy maintenance work.--The
terms ``covered repair station'' and ``heavy maintenance
work'' have the meaning given those terms in section 44733(j)
of title 49, United States Code.
SEC. 506. ODA BEST PRACTICE SHARING.
Section 44736(b) of title 49, United States Code, is
amended--
(1) in paragraph (1) by striking ``Not later than 120 days
after the date of enactment of this section, the'' and insert
``The''; and
(2) in paragraph (3)--
(A) in subparagraph (E) by striking ``and'' at the end;
(B) in subparagraph (F) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) convene a forum not less than every 2 years between
ODA holders, unit members, and other organizational
representatives and relevant experts, in order to--
``(i) share best practices;
``(ii) instill professionalism, ethics, and personal
responsibilities in unit members; and
``(iii) foster open and transparent communication between
Administration safety specialists, ODA holders, and unit
members.''.
SEC. 507. TRAINING OF ORGANIZATION DELEGATION AUTHORITY UNIT
MEMBERS.
(a) Unit Member Annual Ethics Training.--Section 44736 of
title 49, United States Code, is further amended by adding at
the end the following:
``(g) Ethics Training Requirement for ODA Holders.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator of the
Federal Aviation Administration shall review and ensure each
ODA holder approved under section 44741 has in effect a
recurrent training program for all ODA unit members that
covers--
``(A) unit member professional obligations and
responsibilities;
``(B) the ODA holder's code of ethics as required to be
established under section 102(f) of the Aircraft
Certification, Safety, and Accountability Act (49 U.S.C.
44701 note);
``(C) procedures for reporting safety concerns, as
described in the respective approved procedures manual for
the delegation;
``(D) the prohibition against and reporting procedures for
interference from a supervisor or other ODA member described
in section 44742; and
``(E) any additional information the Administrator
considers relevant to maintaining ethical and professional
standards across all ODA holders and unit members.
``(2) FAA review.--
``(A) Review of training program.--The Organization
Designation Authorization Office of the Administration shall
review each ODA holders' recurrent training program to ensure
such program includes all elements described in paragraph
(1).
``(B) Changes to program.--Such Office may require changes
to the training program considered necessary to maintain
ethical and professional standards across all ODA holders and
unit members.
``(3) Training.--As part of the recurrent training required
under paragraph (1), not later than 60 business days after
being designated as an ODA unit member, and annually
thereafter, each ODA unit member shall complete the ethics
training required by the ODA holder of the respective ODA
unit member in order to exercise the functions delegated
under the ODA.
``(4) Accountability.--The Administrator shall establish
such processes or requirements as are necessary to ensure
compliance with paragraph (3).''.
(b) Deadline.--An ODA unit member authorized to perform
delegated functions under an ODA prior to the date of
completion of an ethics training required under section
44736(g) of title 49, United States Code, shall complete such
training not later than 30 days after the training program is
approved by the Administrator of the Federal Aviation
Administration pursuant to such section.
SEC. 508. CLARIFICATION ON SAFETY MANAGEMENT SYSTEM
INFORMATION DISCLOSURE.
Section 44735 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2) by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(3) if the report, data, or other information is
submitted for any purpose relating to the development,
implementation, and use of a safety management system,
including a system required by regulation, that is acceptable
to the Administrator.''; and
(2) by adding at the end the following:
``(d) Other Agencies.--
``(1) In general.--The limitation established under
subsection (a) shall apply to the head of any other Federal
agency who receives reports, data, or other information
described in such subsection from the Administrator.
``(2) Rule of construction.--This section shall not be
construed to limit the accident or incident investigation
authority of the National Transportation Safety Board under
chapter 11, including the requirement to not disclose
voluntarily provided safety-related information under section
1114.''.
SEC. 509. EXTENSION OF AIRCRAFT CERTIFICATION, SAFETY, AND
ACCOUNTABILITY ACT REPORTING REQUIREMENTS.
(a) Appeals of Certification Decisions.--Section
44704(g)(1)(C)(ii) of title 49, United States Code, is
amended by striking ``2025'' and inserting ``2028''.
(b) Oversight of Organization Designation Authorization
Unit Members.--Section 44741(f)(2) of title 49, United States
Code, is amended by striking ``Not later than 90 days'' and
all that follows through ``the Administrator shall provide a
briefing'' and inserting ``The Administrator shall provide an
annual briefing each fiscal year through fiscal year 2028''.
(c) Integrated Project Teams.--Section 108(f) of the
Aircraft Certification, Safety, and Accountability Act (49
U.S.C. 44704 note) is amended by striking ``2023'' and
inserting ``2028''.
(d) Voluntary Safety Reporting Program.--Section 113(f) of
the Aircraft Certification, Safety, and Accountability Act
(49 U.S.C. 44701 note) is amended by striking ``2023'' and
inserting ``2028''.
(e) Changed Product Rule.--Section 117(b)(1) of the
Aircraft Certification, Safety, and Accountability Act (49
U.S.C. 44704 note) is amended by striking ``2023'' and
inserting ``2028''.
SEC. 510. DON YOUNG ALASKA AVIATION SAFETY INITIATIVE.
(a) In General.--Chapter 447 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 44745. Don Young Alaska Aviation Safety Initiative.
``(a) In General.--The Administrator of the Federal
Aviation Administration shall redesignate the FAA Alaska
Aviation Safety Initiative of the Administration as the Don
Young Alaska Aviation Safety Initiative (in this section
referred to as the `Initiative'), under which the
Administrator shall carry out the provisions of this section
and take such other actions as the Administrator determines
appropriate to improve aviation safety in covered locations.
``(b) Objective.--The objective of the Initiative shall be
to work cooperatively with aviation stakeholders and other
stakeholders towards the goal of--
``(1) reducing the rate of fatal aircraft accidents in
covered locations by 90 percent from 2019 to 2033; and
``(2) by January 1, 2033, eliminating fatal accidents of
aircraft operated by an air carrier that operates under part
135 of title 14, Code of Federal Regulations.
``(c) Leadership.--
``(1) In general.--The Administrator shall designate the
Regional Administrator for the Alaskan Region of the
Administration to serve as the Director of the Initiative.
``(2) Reporting chain.--In all matters relating to the
Initiative, the Director of the Initiative shall report
directly to the Administrator.
``(3) Coordination.--The Director of the Initiative shall
coordinate with the heads of other offices and lines of
business of the Administration, including the other regional
administrators, to carry out the Initiative.
``(d) Automated Weather Systems.--
``(1) Requirement.--The Administrator shall ensure, to the
greatest extent practicable, that a covered automated weather
system is installed and operated at each covered airport not
later than December 31, 2030.
``(2) Waiver.--In complying with the requirement under
paragraph (1), the Administrator may waive any positive
benefit-cost ratio requirement for the installation and
operation of a covered automated weather system.
``(3) Prioritization.--In developing the installation
timeline of a covered automated weather system at a covered
airport pursuant to this subsection, the Administrator
shall--
``(A) coordinate and consult with the governments with
jurisdiction over covered locations, covered airports, air
carriers operating in covered locations, private pilots based
in covered locations, and such other members of the aviation
community in covered locations; and
``(B) prioritize early installation at covered airports
that would enable the greatest number of instrument flight
rule operations by air carriers operating under part 121 or
135 of title 14, Code of Federal Regulations.
``(4) Reliability.--
``(A) In general.--Pertaining to both Federal and non-
Federal systems, the Administrator shall be responsible for
ensuring--
[[Page H3761]]
``(i) the reliability of covered automated weather systems;
and
``(ii) the availability of weather information from such
systems.
``(B) Specifications.--The Administrator shall establish
data availability and equipment reliability specifications
for covered automated weather systems.
``(C) System reliability and restoration plan.--Not later
than 2 years after the date of enactment of this section, the
Administrator shall establish an automated weather system
reliability and restoration plan. Such plan shall document
the Administrator's strategy for ensuring covered automated
weather system reliability, including the availability of
weather information from such system, and for restoring
service in as little time as possible.
``(D) Telecommunications or other failures.--If a covered
automated weather system is unable to broadly disseminate
weather information due to a telecommunications failure or a
failure other than an equipment failure, the Administrator
shall take such actions as may be necessary to restore the
full functionality and connectivity of the covered automated
weather system. The Administrator shall take actions under
this subparagraph with the same urgency as the Administrator
would take an action to repair a covered automated weather
system equipment failure or data fidelity issue.
``(E) Reliability data.--In tabulating data relating to the
operational status of covered automated weather systems
(including individually or collectively), the Administrator
may not consider a covered automated weather system that is
functioning nominally but is unable to broadly disseminate
weather information telecommunications failure or a failure
other than an equipment failure as functioning reliably.
``(5) Inventory.--The Administrator shall consider storing
excess inventory necessary for air traffic control equipment,
including commonly required replacement parts, in covered
locations to reduce the amount of time necessary to acquire
such equipment or such parts necessary to replace or repair
air traffic control system components.
``(6) Visual weather observation system.--Not later than 1
year after the date of enactment of this section, the
Administrator shall take such actions as may be necessary
to--
``(A) deploy visual weather observation systems; and
``(B) ensure that such systems are capable of meeting the
definition of covered automated weather systems.
``(e) Weather Cameras.--
``(1) In general.--The Director shall continuously assess
the state of the weather camera systems in covered locations
to ensure the operational sufficiency and reliability of such
systems.
``(2) Applications.--The Director shall--
``(A) accept applications from persons to install weather
cameras; and
``(B) consult with the governments with jurisdiction over
covered locations, covered airports, air carriers operating
in covered locations, private pilots based in covered
locations, and such other members of the aviation community
in covered locations as the Administrator determines
appropriate to solicit additional locations at which to
install and operate weather cameras.
``(3) Presumption.--Unless the Director has clear and
compelling evidence to the contrary, the Director shall
presume that the installation of a weather camera at a
covered airport, or that is recommended by a government with
jurisdiction over a covered location, is cost beneficial and
will improve aviation safety.
``(f) Cooperation With Other Agencies.--In carrying out
this section, the Administrator shall cooperate with the
heads of other Federal or State agencies with
responsibilities affecting aviation safety in covered
locations, including the collection and dissemination of
weather data.
``(g) Surveillance and Communication.--
``(1) In general.--The Director shall take such actions as
may be necessary to--
``(A) encourage and incentivize the equipage of aircrafts
that operate under part 135 of title 14, Code of Federal
Regulations, with automatic dependent surveillance and
broadcast out equipment; and
``(B) improve aviation surveillance and communications in
covered locations.
``(2) Requirement.--Not later than December 31, 2030, the
Administrator shall ensure that automatic dependent
surveillance and broadcast coverage is available at 5,000
feet above ground level throughout each covered location.
``(3) Waiver.--In complying with the requirement under
paragraph (2), the Administrator shall waive any positive
benefit-cost ratio requirement for the installation and
operation of equipment and facilities necessary to implement
such requirement.
``(4) Service areas.--The Director shall continuously
identify additional automatic dependent surveillance-
broadcast service areas in which the deployment of automatic
dependent surveillance-broadcast receivers and equipment
would improve aviation safety.
``(h) Other Projects.--The Director shall continue to build
upon other initiatives recommended in the reports of the FAA
Alaska Aviation Safety Initiative of the Administration
published before the date of enactment of this section.
``(i) Annual Report.--
``(1) In general.--The Director shall submit an annual
report on the status and progress of the Initiative to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(2) Objectives and requirements.--The report under
paragraph (1) shall include a detailed description of the
Director's progress in and plans for meeting the objectives
of the Initiative under subsection (b) and the other
requirements of this section.
``(3) Stakeholder comments.--The Director shall append
stakeholder comments, organized by topic, to each report
submitted under paragraph (1) in the same manner as appendix
3 of the report titled `FAA Alaska Aviation Safety Initiative
FY21 Final Report', dated September 30, 2021.
``(j) Funding.--
``(1) In general.--Notwithstanding any other provision of
law, in fiscal years 2024 through 2028--
``(A) the Administrator may, upon application from the
government with jurisdiction over a covered location, use
amounts apportioned to a covered location under subsection
(d)(2)(B) or subsection (e)(5) of section 47114 to carry out
the Initiative; or
``(B) the sponsor of an airport in a covered location that
receives an apportionment under subsection (d)(2)(B) or
subsection (e) of section 47114 may use such apportionment
for any purpose contained in this section.
``(2) Supplemental funding.--Out of amounts made available
under section 106(k) and section 48101, not more than a total
of $25,000,000 for each of fiscal year 2024 through 2028 is
authorized to be expended to carry out the Initiative.
``(k) Definitions.--In this section:
``(1) Covered airport.--The term `covered airport' means an
airport in a covered location that is included in the
national plan of integrated airport systems required under
section 47103 and that has a status other than unclassified
in such plan.
``(2) Covered automated weather system.--The term `covered
automated weather system' means an automated or visual
weather reporting facility that enables a pilot to begin an
instrument procedure approach to an airport under section
91.1039 or 135.225 of title 14, Code of Federal Regulations.
``(3) Covered location.--The term `covered location' means
Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the
Northern Mariana Islands, and the United States Virgin
Islands.
``(l) Conformity.--The Administrator shall conduct all
activities required under this section in conformity with
section 44720.''.
(b) Remote Positions.--Section 40122(g) of title 49, United
States Code, is amended by adding at the end the following:
``(7) Remote positions.--
``(A) In general.--If the Administrator determines that a
covered position has not been filled after multiple vacancy
announcements and that there are unique circumstances
affecting the ability of the Administrator to fill such
position, the Administrator may consider, in consultation
with the appropriate labor union, applicants for the covered
position who apply under a vacancy announcement recruiting
from the State or territory in which the position is based.
``(B) Covered position defined.--In this paragraph, the
term `covered position' means a safety-critical position
based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam,
the Northern Mariana Islands, and the Virgin Islands.''.
(c) Runway Length.--Notwithstanding any other provision of
law, the Secretary of Transportation may not require an
airport to shorten a runway or prevent airport improvement
grants made by the Secretary to be used for reconstructing
and rehabilitating a primary runway on the basis that the
airport does not have a sufficient number of aircraft
operations requiring a certain runway length if--
(1) the airport is located in a covered location;
(2) the airport is not connected to the road transportation
network; and
(3) the runway length is utilized by aircraft to deliver
necessary cargo, including heating fuel and gasoline, for the
community served by the airport.
(d) Alaskan Regional Administrator.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Regional Administrator for the Alaskan Region is a
uniquely important position that contributes to aviation
safety in the State of Alaska;
(B) vacancies in any Federal Aviation Administration office
have a deleterious effect on the efficacy of the Alaskan
Region office;
(C) a prolonged vacancy in the position of Regional
Administrator for the Alaskan Region may be detrimental to
the effective administration of such region and the Don Young
Alaska Aviation Safety Initiative; and
(D) the Administrator of the Federal Aviation
Administration should ensure that any vacancy in the position
of Regional Administrator for the Alaskan Region is filled
will a highly qualified candidate as expeditiously as
possible.
(2) Vacancy notification requirements.--
(A) Initial vacancy.--The Administrator of the Federal
Aviation Administration shall notify the appropriate
committees of Congress when there is a vacancy for the
position of Regional Administrator for the Alaskan Region.
(B) Status updates.--Not later than 90 days after the
notification under subparagraph (A) (and every 30 days
thereafter until the vacancy described under subparagraph (A)
is filled), the Administrator shall notify the appropriate
committees of Congress of any vacancy of such position, if
so, provide an estimated timeline for filling such vacancy.
(C) Appropriate committees of congress defined.--In this
paragraph, the term ``appropriate committees of Congress''
means the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(D) Sunset.--This paragraph shall cease to be effective
after September 30, 2028.
(e) Implementation of NTSB Recommendations.--
[[Page H3762]]
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall take such
actions as may be necessary to implement National
Transportation Safety Board recommendations A-22-25 and A-22-
26 (as contained in Aviation Investigation Report AIR-22-09,
adopted November 16, 2022).
(2) Coordination.--In taking actions under paragraph (1),
the Administrator shall coordinate with the State of Alaska,
airports in Alaska, air carriers operating in Alaska, private
pilots (including tour operators) based in Alaska, and such
other members of the Alaska aviation community or other
stakeholders as the Administrator determines appropriate.
(f) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, is amended by adding at the end
the following:
``44745. Don Young Alaska Aviation Safety Initiative.''.
SEC. 511. CONTINUED OVERSIGHT OF FAA COMPLIANCE PROGRAM.
Section 122 of the Aircraft Certification, Safety, and
Accountability Act (Public Law 116-260; 134 Stat. 2344) is
amended--
(1) in subsection (b) by striking paragraph (2) and
inserting the following:
``(2) conduct an annual agency-wide evaluation of the
Compliance Program through fiscal year 2028 to assess the
functioning and effectiveness of such program and to
determine--
``(A) the need for long-term metrics that, to the maximum
extent practicable, apply to all program offices to assess
the effectiveness of the program;
``(B) if the program ensures the highest level of
compliance with safety standards; and
``(C) if the program has met its stated safety goals and
purpose;'';
(2) in subsection (c)(4) by striking ``2023'' and inserting
``2028''; and
(3) in subsection (d) by striking ``2023'' and inserting
``2028''.
SEC. 512. SCALABILITY OF SAFETY MANAGEMENT SYSTEMS.
In conducting any rulemaking to require, or implementing a
regulation requiring, a safety management system, the
Administrator of the Federal Aviation Administration shall
consider the scalability of such safety management system
requirements to the full range of entities in terms of size
or complexity that may be affected by such rulemaking or
regulation, including--
(1) how an entity can demonstrate compliance using various
documentation, tools, and methods, including, as appropriate,
systems with multiple small operators collectively monitoring
for and addressing risks;
(2) a review of traditional safety management techniques
and the suitability of such techniques for small entities;
(3) the applicability of existing safety management system
programs implemented by an entity;
(4) the suitability of existing requirements under part 5
of title 14, Code of Federal Regulations, for small entities;
and
(5) other unique challenges relating to small entities the
Administrator determines appropriate to consider.
SEC. 513. FINALIZE SAFETY MANAGEMENT SYSTEM RULEMAKING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a final rule relating to
the Notice of Proposed Rulemaking of the Federal Aviation
Administration titled ``Safety Management Systems'', issued
on January 11, 2023.
(b) Applicability.--In issuing a final rule under
subsection (a), the Administrator shall ensure that the
safety management system requirement under the Notice of
Proposed Rulemaking described in subsection (a) is applied to
all certificate holders operating under the rules for
commuter and on-demand operations under part 135 of title 14,
Code of Federal Regulations, commercial air tour operators
operating under section 91.147 of such title, production
certificate holders that are holders or licensees of a type
certificate for the same product, and holders of a type
certificate who license out such certificate for production
under part 21 of such title.
SEC. 514. IMPROVEMENTS TO AVIATION SAFETY INFORMATION
ANALYSIS AND SHARING.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall implement improvements to the
Aviation Safety Information Analysis and Sharing Program with
respect to safety data sharing and risk mitigation.
(b) Requirements.--In carrying out subsection (a), the
Administrator shall--
(1) identify methods to increase the rate at which data is
collected, processed, and analyzed to expeditiously share
safety intelligence;
(2) develop predictive capabilities to anticipate emerging
safety risks;
(3) identify methods to improve shared data environments
with external stakeholders;
(4) establish a robust process for prioritizing requests
for safety information;
(5) establish guidance to encourage regular safety
inspector review of non-confidential aviation safety and
performance data;
(6) identify industry segments not yet included and conduct
outreach to such industry segments to increase the rate of
participation, including--
(A) general aviation;
(B) rotorcraft;
(C) air ambulance; and
(C) maintenance facilities; and
(7) establish processes for obtaining and analyzing
comprehensive and aggregate data for new and future industry
segments.
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) to require the Administrator to share confidential or
proprietary information and data to safety inspectors for
purposes of enforcement; or
(2) to limit the applicability of section 44735 of title
49, United States Code, to the Aviation Safety Information
Analysis and Sharing Program.
(d) Briefing.--Not later than 180 days after the date of
enactment of this Act, and every 6 months thereafter until
the improvements under subsection (a) are made, the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the progress of implementation of the Aviation
Safety Information Analysis and Sharing Program and steps
taken to make improvements under subsection (a).
SEC. 515. IMPROVEMENT OF CERTIFICATION PROCESSES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall continually look for opportunities and
methods to improve the processing of applications,
consideration of applications, communication with applicants,
and quality of feedback provided to applicants, for aircraft
certification projects.
(b) Certification Improvements.--Not later than 270 days
after the date of enactment of this Act, the Administrator
shall enter into an appropriate arrangement with a qualified
third-party organization or consortium to identify and assess
digital tools and software systems to allow for efficient and
virtual evaluation of an applicant design, associated
documentation, and software or systems engineering product,
including in digital 3 dimensional formats or using model-
based systems engineering design techniques for aircraft
certification projects.
(c) Parties to Review.--In identifying digital tools and
software systems as described in subsection (b), the
Administrator shall ensure that the qualified third-party
organization or consortium entering into an arrangement under
this section shall, throughout the review, consult with--
(1) the aircraft certification and flight standards offices
or services of the Administration; and
(2) at least 3 industry members representing aircraft and
aircraft part manufacturing interests.
(d) Digital Tool and Software System Requirements.--In
identifying digital tools and software systems under
subsection (b), the qualified third-party organization or
consortium shall--
(1) consider the interoperability of such systems to the
extent practicable;
(2) consider the scalability and usability of such systems
for differing use-cases by aircraft manufacturers, aircraft
operators, and the Administration, including cross-office
use-cases within the Administration;
(3) consider such systems currently in use by United States
manufacturers or other civil aviation authorities for
certification and engineering purposes;
(4) consider the--
(A) available technology support for such systems; and
(B) ability for such systems to be updated and adapted over
time to improve user interfaces, including providing
additional functionalities and addressing gaps;
(5) consider the ability of digital tools and software
systems to aid in the electronic review of software
components of aircraft and aircraft systems;
(6) consider the ability of the Administration and aircraft
designers to use digital tools and software systems for
corrective actions and modifications in a more rapid fashion;
(7) determine if each system provides adequate protections
for the exchange of information between governmental and
nongovernmental entities, including--
(A) intellectual property protections;
(B) cyber and network security protections; and
(C) the ability for governmental and nongovernmental
entities to control what is acceptable and what is restricted
for other parties;
(8) evaluate the estimated ease of adoption and any
impediments to adoption for personnel of the Federal Aviation
Administration; and
(9) evaluate the ability for nongovernmental organizations
of various sizes to adopt and utilize the digital and
software systems identified under subsection (b) to improve
the aircraft certification application and coordination
processes with the Administration.
(e) Assessment.--After reviewing digital and software
systems under subsection (b), the qualified third-party
organization or consortium shall provide an assessment to the
Administrator as to--
(1) whether or not digital and software systems and tools
would improve the coordination of the Administration with
industry;
(2) whether or not such systems and tools would improve the
ability of the Administration to validate and verify aircraft
and software designs in non-paper formats; and
(3) the potential safety benefits or safety risks of using
such systems and tools.
(f) Content of Assessment.--In the event the qualified
third-party organization or consortium finds that digital and
software systems and tools would assist the work of the
Administration and improve certification projects processing,
the assessment described under subsection (e) shall also
include--
(1) a prioritization, expected costs, and timeline of
acquisitions and training based on immediate and future needs
and benefits; and
(2) suggest actions the Administration could take in order
to institutionalize the use of such technologies at the
headquarters and field offices of the Administration, and to
protect information shared through such technologies,
including recommended updates to orders issued by the
Administration.
[[Page H3763]]
(g) Implementation.--Based on the assessment required in
subsections (e) and (f), if the qualified third-party
organization finds that the use of digital software systems
and tools would assist the work of the agency, the
Administrator shall--
(1) provide the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate with a briefing on the intended actions of the
Administrator;
(2) not later than 60 days after receiving such assessment
develop a plan to--
(A) work towards the acquisition of the systems and tools
recommended, subject to the availability of appropriations;
(B) update any applicable orders and guidance to allow for
the use of these new systems and tools by personnel of the
Administration and nongovernmental entities applying to or
coordinating with the Administration on certification related
activities, at the discretion of the applicant or
nongovernmental entity;
(C) on an ongoing basis review and modify orders and
guidance to improve the use of these systems and tools as
well as addressing any intellectual property vulnerabilities;
and
(h) Briefing.--Not later than 30 months after receiving
such assessment, the Administrator shall provide the
committees described in paragraph (1) with a briefing on the
use, benefits, and any drawbacks of the systems and tools,
including comparisons between certification programs using
and not using digital and software systems and tools.
SEC. 516. INSTRUCTIONS FOR CONTINUED AIRWORTHINESS AVIATION
RULEMAKING COMMITTEE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall convene an aviation rulemaking
committee to review, and develop findings and recommendations
regarding, instructions for continued airworthiness (as
described in section 21.50 of title 14, Code of Federal
Regulations), and provide to the Administrator a report on
such findings and recommendations and for other related
purposes as determined by the Administrator.
(b) Composition.--The aviation rulemaking committee
established pursuant to subsection (a) shall consist of
members appointed by the Administrator, including
representatives of--
(1) holders of type certificates (as described in subpart B
of part 21, title 14, Code of Federal Regulations);
(2) holders of production certificates (as described in
subpart G of part 21, title 14, Code of Federal Regulations);
(3) holders of parts manufacturer approvals (as described
in subpart K of part 21, title 14, Code of Federal
Regulations);
(4) holders of technical standard order authorizations (as
described in subpart O of part 21, title 14, Code of Federal
Regulations);
(5) operators under parts 121, 125, or 135 of title 14,
Code of Federal Regulations;
(6) holders of repair station certificates (as described in
section 145 of title 14, Code of Federal Regulations);
(7) the certified bargaining representative of aviation
safety inspectors for the Administration;
(8) general aviation operators;
(9) mechanics certificated under part 65 of title 14, Code
of Federal Regulations;
(10) holders of supplemental type certificates (as
described in subpart E of part 21 of title 14, Code of
Federal Regulations);
(11) designated engineering representatives employed by
repair stations; and
(12) aviation safety experts with specific knowledge of
instructions for continued airworthiness policies and
regulations.
(c) Considerations.--The aviation rulemaking committee
established pursuant to subsection (a) shall consider--
(1) existing standards, regulations, certifications,
assessments, and guidance related to instructions for
continued airworthiness and the clarity of such standards,
regulations, certifications, assessments, and guidance to all
parties;
(2) the sufficiency of safety data used in preparing
instructions for continued airworthiness;
(3) the sufficiency of maintenance data used in preparing
instructions for continued airworthiness;
(4) the protection of proprietary information and
intellectual property in instructions for continued
airworthiness;
(5) the availability of instructions for continued
airworthiness, as needed, for maintenance activities;
(6) the need to harmonize or deconflict proposed and
existing regulations with other Federal regulations,
guidance, and policies;
(7) international collaboration, where appropriate and
consistent with the interests of safety in air commerce and
national security, with other civil aviation authorities,
international aviation and standards organizations, and any
other appropriate entities; and
(8) any other matter the Administrator determines
appropriate.
(d) Duties.--The Administrator shall--
(1) not later than 1 year after the date of enactment of
this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a copy of the aviation rulemaking committee report
under subsection (a); and
(2) not later than 180 days after the date of submission of
the report under paragraph (1), initiate a rulemaking
activity or make such policy and guidance updates necessary
to address any consensus recommendations reached by the
aviation rulemaking committee established pursuant to
subsection (a), as determined appropriate by the
Administrator.
SEC. 517. CLARITY FOR SUPPLEMENTAL TYPE CERTIFICATE
REQUIREMENTS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall issue or update guidance, policy
documents, orders, job aids, or regulations to clarify the
conditions under which a major alteration will require a
supplemental type certificate under part 21 of title 14, Code
of Federal Regulations.
(b) Contents.--Issuances or updates under subsection (a)
shall include providing clarity around--
(1) the terms ``might appreciatively effect'' and ``no
appreciable effect pursuant to sections 1.1 and 21.93 of
title 14, Code of Federal Regulations, respectively''; and
(2) whether the term ``other approved design'', as such
term appears in part 21.1 of title 14, Code of Federal
Regulations, includes engineering data approved by the
Administrator by means other than through a supplemental type
certificate.
(c) Considerations.--In satisfying subsection (a), the
Administrator shall make such updates as necessary to provide
consideration for the level of effort required by an
applicant to make a major alteration and the associated level
of risk to the national airspace system for a single aircraft
or multiple aircraft using such alteration.
SEC. 518. USE OF ADVANCED TOOLS IN CERTIFYING AEROSPACE
PRODUCTS.
(a) In General.--Not later than 30 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall complete an assessment of the
use of advanced tools during the testing, analysis, and
verification stages of aerospace certification projects to
reduce the risks associated with high-risk flight profiles
and performing limit testing.
(b) Considerations.--In carrying out the assessment under
subsection (a), the Administrator shall consider--
(1) instances where high risk flight profiles and limit
testing have already occurred in the certification process
and the applicability of such test data for use in other
aspects of flight testing;
(2) the safety of pilots during such testing;
(3) the value and accuracy of data collected using such
advanced tools;
(4) the ability to produce more extensive data sets using
such advanced tools;
(5) any aspects of testing for which the use of such tools
would not be valuable or applicable;
(6) the cost of using such advanced tools; and
(7) the best practices of other civil aviation authorities
that permit the use of advanced tools during aerospace
certification projects.
(c) Consultation.--In carrying out the assessment under
subsection (a), the Administrator shall consult with--
(1) aircraft manufacturers, including manufacturers that
have designed and certified aircraft under--
(A) part 23 of title 14, Code of Federal Regulations;
(B) part 25 of such title; or
(C) part 27 of such title;
(2) aircraft manufacturers that have designed and
certified, or are in the process of certifying, aircraft with
a novel design under part 21.17(b) of such title;
(3) associations representing aircraft manufacturers;
(4) researchers and academics in related fields; and
(5) pilots who are experts in flight testing.
(d) Congressional Report.--Not later than 60 days after the
completion of the assessment under subsection (a), the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on--
(1) the results of the assessment conducted under
subsection (a); and
(2) how the Administrator plans to implement the findings
of the assessment and any changes needed to Administration
policy, guidance, and regulations to allow for and optimize
the use of advanced tools during the certification of
aerospace products in order to reduce risk and improve safety
outcomes.
SEC. 519. TRANSPORT AIRPLANE AND PROPULSION CERTIFICATION
MODERNIZATION.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall publish a notice of proposed rulemaking for the
rulemaking activity titled ``Transport Airplane and
Propulsion Certification Modernization'', published in Fall
2022 in the Unified Agenda of Federal Regulatory and
Deregulatory Actions (RIN 2120-AL42).
SEC. 520. ENGINE FIRE PROTECTION STANDARDS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish an internal
regulatory review team to review and compare domestic and
international airworthiness standards and guidance for
aircraft engine firewalls.
(b) Review.--In completing the review under subsection (a),
the regulatory review team shall--
(1) identify any significant differences in standards or
guidance with respect to test article selection, fire test
boundaries, and pass-fail criteria;
(2) consider if alternative international standards used by
peer civil aviation authorities reflect best practices that
should be adopted by the Administration;
(3) recommend updates, if appropriate, to the Significant
Standards List of the Administration based on any findings;
(4) assess whether a selection of aircraft engine firewalls
certified by other civil aviation
[[Page H3764]]
authorities, which were validated by the Administration,
comply with the requirements of the Administration;
(5) recommend actions the Administration should take during
future validation activities or with other civil aviation
authorities to address any gaps in requirements; and
(6) consult with industry stakeholders during such review.
(c) Briefing.--Not later than 120 days after the completion
of the review under subsection (a), the Administrator shall
brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the findings and
recommendations stemming from such review.
SEC. 521. RISK MODEL FOR PRODUCTION FACILITY INSPECTIONS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act and periodically thereafter, the
Administrator of the Federal Aviation Administration shall--
(1) conduct a review of the risk-based model used by
Federal Aviation Administration certification management
offices to inform the frequency of aircraft manufacturing or
production facility inspections; and
(2) update the model to ensure such model adequately
accounts for risk at facilities during periods of increased
production.
(b) Briefings.--Not later than 60 days after the date on
which the review is conducted under subsection (a), the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on--
(1) the results of the review;
(2) any changes made to the risk-based model described in
subsection (a); and
(3) how such changes would help improve the in-plant
inspection process.
SEC. 522. SECONDARY COCKPIT BARRIERS.
(a) In General.--Not later than 6 months after the issuance
of a final rule on the proposed rule of the Federal Aviation
Administration titled ``Installation and Operation of
Flightdeck Installed Physical Secondary Barriers on Transport
Category Airlines in Part 121 Service'', and issued on August
1, 2022 (87 Fed. Reg. 46892), the Administrator of the
Federal Aviation Administration shall convene an aviation
rulemaking committee to review and develop findings and
recommendations to require installation of a secondary
cockpit barrier on aircraft operated under the provisions of
part 121 of title 14, Code of Federal Regulations, that are
not captured under another regulation or proposed regulation.
(b) Membership.--The Administrator shall appoint the
members of the rulemaking committee convened under subsection
(a), which shall be comprised of at least 1 representative
each of--
(1) mainline air carriers;
(2) regional air carriers;
(3) cargo air carriers;
(4) aircraft manufacturers;
(5) a labor group representing pilots;
(6) a labor group representing flight attendants; and
(7) other stakeholders the Administrator determines
appropriate.
(c) Considerations.--The aviation rulemaking committee
convened under subsection (a) shall consider--
(1) minimum dimension requirements for secondary barriers
on all aircraft types operated under part 121 of title 14,
Code of Federal Regulations;
(2) secondary barrier performance standards manufacturers
and air carriers must meet for such aircraft types;
(3) the availability of certified secondary barriers
suitable for use on such aircraft types;
(4) the development, certification, testing, manufacturing,
installation, and training for secondary barriers for such
aircraft types;
(5) flight duration and stage length;
(6) the location of lavatory on such aircraft as related to
operational complexities;
(7) operational complexities;
(8) any risks to safely evacuate passengers of such
aircraft; and
(9) other considerations the Administrator determines
appropriate.
(d) Report to Congress.--Not later than 18 months after the
convening of the aviation rulemaking committee described in
subsection (a), the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, a report based on the
findings and recommendations of the aviation rulemaking
committee convened under subsection (a), to include--
(1) if applicable, any dissenting positions on the findings
and the rationale for each position; and
(2) any disagreements, including the rationale for each
position and the reasons for the disagreement.
SEC. 523. REVIEW OF FAA USE OF AVIATION SAFETY DATA.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall enter into an appropriate
arrangement with a qualified third-party organization or
consortium to evaluate the Administration's collection,
collation, analysis, and use of aviation data across the
Administration.
(b) Consultation.--In completing the evaluation under
subsection (a), the qualified third-party organization or
consortium shall--
(1) seek the input of experts in data analytics, including
at least 1 expert in the commercial data services or
analytics solutions sector;
(2) consult with the National Transportation Safety Board
and the Transportation Research Board; and
(3) consult with appropriate federally funded research and
development centers, to the extent that such centers are not
already involved in the evaluation.
(c) Substance of Evaluation.--In completing the evaluation
under subsection (a), the qualified third-party organization
or consortium shall--
(1) compile a list of internal and external sources,
databases, and streams of information the Administration
receives or has access to that provide the Administration
with operational or safety information and data about the
national airspace system, its users, and other regulated
entities of the Administration;
(2) review data sets to determine completeness and accuracy
of relevant information;
(3) identify gaps in information that the Administration
could fill through sharing agreements, partnerships, or other
means that would add value during safety trend analysis;
(4) assess the Administration's capabilities, including
analysis systems and workforce skillsets, to analyze relevant
data and information to make informed decisions;
(5) review data and information for proper storage,
identification controls, and data privacy--
(A) as required by law; and
(B) consistent with best practices for data collection,
storage, and use;
(6) review the format of such data and identify methods to
improve the usefulness of such data;
(7) assess internal and external access to data for--
(A) appropriateness based on data type and level of detail;
(B) proper data access protocols and precautions; and
(C) maximizing availability of safety-related data that
could support the improvement of safety management systems of
and trend identification by regulated entities and the
Administration;
(8) examine the collation and dissemination of data within
offices and between offices of the Administration;
(9) review and recommend improvements to the data analysis
techniques of the Administration; and
(10) recommend investments the Administration should
consider to better collect, manage, and analyze data sets,
including within and between offices of the Administration.
(d) Access to Information.--The Administration shall
provide the qualified third-party organization or consortium
and the experts described in subsection (b) with adequate
access to safety and operational data collected by and held
by the agency across all offices of the Administration,
except if specific access is otherwise prohibited by law.
(e) Nondisclosure.--Prior to participating in the review,
the Administrator shall ensure that each person participating
in the evaluation under this section enters into an agreement
with the Administrator in which the person shall be
prohibited from disclosing at any time, except as required by
law, to any person, foreign or domestic, any non-public
information made accessible to the federally funded research
and development center under this section.
(f) Report.--The qualified third-party organization or
consortium carrying out the evaluation under this section
shall provide a report of the findings of the center to the
Administrator and include recommendations to improve the
Administration's collection, collation, analysis, and use of
aviation data, including recommendations to--
(1) improve data access across offices within the
Administration, as necessary, to support efficient execution
of safety analysis and programs across such offices;
(2) improve data storage best practices;
(3) develop or refine methods for collating data from
multiple administration and industry sources; and
(4) procure or use available analytics tools to draw
conclusions and identify previously unrecognized trends or
miscategorized risks in the aviation system, particularly
when identification of such information requires the analysis
of multiple sets of data from multiple sources.
(g) Implementation of Recommendations.--Not later than 6
months after the receipt of the report under subsection (f),
the Administrator shall review, develop an implementation
plan, and begin the implementation of the recommendations
received in such report.
(h) Review of Implementation.--The qualified third-party
organization or consortium that conducted the initial
evaluation, and any experts who contributed to such
evaluation pursuant to subsection (b)(1), shall provide
regular feedback and advice to the Administrator on the
implementation plan developed under subsection (g) and any
implementation activities for at least 2 years beginning on
the date of the receipt of the report under subsection (f).
(i) Report to Congress.--The Administrator shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the report
described in subsection (f) and the implementation plan
described in subsection (g).
(j) Existing Reporting Systems.--Consistent with section
132 of the Aircraft Certification, Safety, and Accountability
Act (Public Law 116-260), the Executive Director of the
Transportation Research Board, in consultation with the
Secretary of Transportation and the Administrator, may
further harmonize data and sources following the
implementation of recommendations contained in the report
required under subsection (g).
SEC. 524. PART 135 DUTY AND REST.
(a) Part 91 Tail-end Ferry Rulemaking.--Not later than 3
years after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
require that
[[Page H3765]]
any operation conducted by a flightcrew member during an
assigned duty period under the operational control of an
operator holding a certificate under part 135 of title 14,
Code of Federal Regulations, before, during, or after the
duty period (including any operations under part 91 of title
14, Code of Federal Regulations), without an intervening rest
period, shall count towards the flight time and duty period
limitations of such flightcrew member under part 135 of title
14, Code of Federal Regulations.
(b) Record Keeping.--Not later than 1 year after the date
of enactment of this Act, the Administrator shall update any
Administration policy and guidance regarding complete and
accurate record keeping practices for operators holding a
certificate under part 135 of title 14, Code of Federal
Regulations, in order to properly document, at a minimum--
(1) flightcrew assignments;
(2) flightcrew rest notifications;
(3) compliance with flight and duty times limitations and
post-duty rest requirements; and
(4) duty period start and end times.
(c) Safety Management System Oversight.--The Administrator,
in performing oversight of the safety management system of an
operator holding a certificate under part 135 of title 14,
Code of Federal Regulations, following the implementation of
the final rule issued based on the rulemaking titled ``Safety
Management Systems'', and published on January 11, 2023 (88
Fed. Reg 1932), shall ensure such operator is evaluating and
appropriately mitigating aviation safety risks, including, at
minimum, risks associated with--
(1) inadequate flightcrew member duty and rest periods; and
(2) incomplete records pertaining to flightcrew rest, duty,
and flight times.
SEC. 525. COCKPIT VOICE AND VIDEO RECORDERS.
(a) In General.--Chapter 447 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 44746. Cockpit recording device
``(a) In General.--Not later than 18 months after the date
of enactment of this section, the Administrator of the
Federal Aviation Administration shall complete a rulemaking
proceeding to--
``(1) require that, not later than 4 years after the date
of enactment of this section, all applicable aircraft are
fitted with a cockpit voice recorder and a flight data
recorder that are each capable of recording the most recent
25 hours of data;
``(2) prohibit any person from deliberately erasing or
tampering with any recording on such a cockpit voice recorder
or flight data recorder following a National Transportation
Safety Board reportable event under part 830 of title 49,
Code of Federal Regulations, and provide for civil and
criminal penalties for such deliberate erasing or tampering,
which may be assessed in accordance with section 1155 and
section 32 of title 18;
``(3) require that such a cockpit voice recorder has the
capability for an operator to use an erasure feature, such as
an installed bulk erase function, consistent with applicable
law and regulations;
``(4) require that, in the case of such a cockpit voice
recorder or flight data recorder that uses a solid state
recording medium in which activation of a bulk erase function
assigns a random discrete code to the deleted recording, only
the manufacturer of the recorder and National Transportation
Safety Board have access to the software necessary to
determine the code in order to extract the deleted recorded
data; and
``(5) ensure that data on such a cockpit voice recorder or
a flight data recorder, through technical means other than
encryption (such as overwriting or the substitution of a
blank recording medium before the recorder is returned to the
owner) is not disclosed for use other than for accident or
incident investigation purposes.
``(b) Prohibited Use.--A cockpit voice recorder recording
shall not be used by the Administrator or any employer for
any certificate action, civil penalty, or disciplinary
proceedings against flight crewmembers.
``(c) Applicable Aircraft Defined.--In this section, the
term `applicable aircraft' means an aircraft that is--
``(1) operated under part 121 of title 14, Code of Federal
Regulations; and
``(2) required by regulation to have a cockpit voice
recorder or a flight data recorder.''.
(b) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, is further amended by adding at
the end the following:
``44746. Cockpit recording device.''.
SEC. 526. FLIGHT DATA RECOVERY FROM OVERWATER OPERATIONS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall direct the Aviation Rulemaking Advisory
Committee (hereinafter referred to as the ``Committee'' in
this section) to review regulations regarding flight data
recovery for aircraft--
(1) operated under part 121 of title 14, Code of Federal
Regulations; and
(2) used in extended overwater operations.
(b) Considerations.--In carrying out the review pursuant to
subsection (a), the Committee shall provide to the
Administrator any consensus recommendations for the equipage
of aircraft described in subsection (a) with a cockpit voice
recorder and a flight data recorder that--
(1) provide a means, in the event of an accident, to
recover mandatory flight data parameters in a manner that
does not require the underwater retrieval of the cockpit
voice recorder or flight data recorder;
(2) is equipped with a tamper-resistant method to broadcast
sufficient information to a ground station to establish the
location where an aircraft terminates flight as the result of
an accident within 6 nautical miles of the point of impact of
the aircraft; and
(3) is equipped with an airframe low-frequency underwater
locating device that functions for at least 90 days and that
can be detected by appropriate equipment.
(c) Recommendations.--Not later than 18 months after
tasking the aviation rulemaking advisory committee under
subsection (a), the committee shall submit to the
Administrator any consensus recommendations developed under
subsection (b).
(d) Rulemaking.--Not later than 1 year after receiving any
recommendations pursuant to subsection (c), the Administrator
shall initiate a rulemaking activity based on such consensus
recommendations, if determined appropriate.
(e) Briefing.--If the Administrator decides not to issue a
final rule with respect to the rulemaking initiated under
subsection (d), the Administrator shall brief the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the justification for such
decision.
SEC. 527. EMERGENCY MEDICAL EQUIPMENT ON PASSENGER AIRCRAFT.
(a) In General.--Not later than 12 months after date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall review and update, as
appropriate, part 121 of title 14, Code of Federal
Regulations, regarding emergency medical equipment, including
the contents of emergency medical kits, and training required
for flight crew.
(b) Consideration.--In carrying out subsection (a), the
Administrator shall consider--
(1) the benefits and costs (including the costs of flight
diversions and emergency landings) of requiring any new
medications or equipment necessary to be included in approved
emergency medical kits under part 121 of title 14, Code of
Federal Regulations; and
(2) whether the contents of the emergency medical kits
include the appropriate medications and equipment that can
practicably be administered to address--
(A) the emergency medical needs of children and pregnant
women;
(B) opioid overdose;
(C) anaphylaxis; and
(D) cardiac arrest.
(c) Consultation.--In conducting the review required under
subsection (a), the Administrator shall consult with
associations representing aerospace medical professionals.
SEC. 528. NAVIGATION AIDS STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the inspector general of the
Department of Transportation shall initiate a study examining
the effects of reclassifying navigation aids to Design
Assurance Level-A from Design Assurance Level-B, including
the following navigation aids:
(1) Distance measuring equipment.
(2) Very high frequency omni-directional range.
(3) Tactical air navigation.
(4) Wide area augmentation system.
(b) Contents.--In conducting the study required under
subsection (a), the inspector general shall address--
(1) the cost-benefit analyses associated with the
reclassification described in such subsection;
(2) the findings from the operational safety assessments
and preliminary hazard analyses of the navigation aids listed
in such subsection;
(3) the risks of such reclassification on navigation aid
equipment currently in use;
(4) the potential impacts on global interoperability of
navigational aids; and
(5) what additional actions should be taken based on the
findings of this subsection.
(c) Report.--Not later than 24 months after the date of
enactment of this Act, the inspector general shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
the results of the study conducted under subsection (a).
SEC. 529. REMOTE TOWERS.
(a) Study.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to enter into an agreement
with a qualified organization to conduct a study examining
the viability and feasibility of remote tower technology
available on the date of enactment of this Act to accommodate
existing air traffic activity at non-towered, public-use
airports and airports with a visual flight rule air traffic
control tower.
(2) Considerations.--In the study conducted under
subsection (a), the qualified organization selected under
such subsection shall consider and include in such study--
(A) the effectiveness and adequacy of the pilot program
established under section 161 of the FAA Reauthorization Act
of 2018 (49 U.S.C. 47104 note) in--
(i) assessing the installation, maintenance, and
operational costs and benefits of remote tower technology;
and
(ii) establishing a clear process for the safety and
operational certification of such technology;
(B) a description of actions that the Administration has
undertaken to carry out such pilot program;
(C) any barriers related to the safety and operational
certification of such technology;
(D) the number and type of non-towered airports in the
national airspace system;
(E) the availability and development of remote tower
technology;
(F) the potential to use remote tower systems to control
air traffic at multiple airports and from a single physical
location, similar to a terminal radar approach control
facility;
[[Page H3766]]
(G) staffing flexibility to support seasonal staffing of
remote towers;
(H) safety factors related to the potential need for such
remote tower technology;
(I) the potential to use remote tower systems to surveil
for unmanned aircraft, in conjunction with unmanned aircraft
system traffic management systems, to enhance air traffic
management of manned air traffic;
(J) factors related to the demand for remote tower
technology;
(K) an examination of remote tower use in other countries;
(L) projected costs associated with installing and maintain
remote tower technology at a single airport; and
(M) recommendations regarding the most cost-effective
approach to provide air traffic control services at non-
towered airports in the national airspace system.
(3) Input.--In carrying out the study under subsection (a),
the qualified organization selected under such subsection
shall--
(A) seek coordination with the Air Traffic Organization and
other offices of the Administration; and
(B) seek the participation of representatives of--
(i) the exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(ii) manufacturers of remote towers;
(iii) airport operators; and
(iv) other stakeholders that the Administrator determines
appropriate.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing the
results of the study under subsection (a).
(b) Certification Process.--
(1) In general.--Not later than 1 year after the completion
of the study required under subsection (a), the Administrator
shall establish a process for the certification of system
design and operational approval of remote towers for use at
public-use airports.
(2) Consultation.--In carrying out subsection (b), the
Administrator shall consult with the following:
(A) The exclusive bargaining representative of the air
traffic controllers certified under section 7111 of title 5,
United States Code.
(B) Manufacturers of remote towers.
(C) Non-towered airport operators.
(3) Requirements.--In developing the certification process
required under subsection (b), the Administrator shall--
(A) establish requirements for the system design and
operational approval of remote towers, including--
(i) sensor and camera visual requirements;
(ii) datalink latency requirements; and
(iii) visual presentation design requirements for monitors
used to display sensor and camera feeds;
(B) establish tower-closure standards for contingency
operations and procedures for remote tower failures and
malfunctions; and
(C) consider the use of--
(i) ground- and space-based telecommunications
infrastructure; and
(ii) any other wireless telecommunications infrastructure
that may enable the operation of a remote tower.
(4) Operational approval assessments.--In developing the
operational approval process required under this subsection,
the Administrator shall--
(A) determine the appropriate number of air traffic
controllers necessary to staff a remote tower for safe air
traffic control operations at the respective airport based on
the existing or projected air traffic activity at the
airport;
(B) use a safety risk management panel process to address
any safety issues with respect to the remote tower;
(C) if the remote tower is intended to be installed at a
non-towered airport, assess the safety benefits of the remote
tower against the lack of an existing tower; and
(D) establish, to the satisfaction of the Administrator and
using performance-based criteria, to the extent appropriate,
published in advance, the level of safety necessary for the
operation of the remote tower at the airport.
(5) Airport operators.--An airport operator seeking to
install or construct a certified remote tower shall submit to
the Administrator an application in such form and containing
such information as the Administrator may require.
(6) Implementation.--In carrying out this section, the
Administrator shall--
(A) identify air traffic control information and data that
assists the Administrator in categorically certifying remote
towers at different types of airports;
(B) implement processes necessary to collect the
information and data identified in subparagraph (A); and
(C) develop criteria from the information and data
identified in subparagraph (A) to assess remote towers for
widespread use at categories of public-use airports.
(7) Prioritization of remote tower certification
applicants.--With respect to applications submitted as
required by paragraph (4), the Administrator shall
prioritize--
(A) airports that do not have a permanent air traffic
control tower at the time of application;
(B) airports that would provide small and rural community
air service; or
(C) airports that have been newly accepted as of the date
of enactment of this Act into the Contract Tower Program.
(8) Briefing.--Not later than 180 days after receiving the
report required under subsection (a), and annually thereafter
through fiscal year 2028, the Administrator shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the status of the
activities required under this section.
(c) Definitions.--In this section:
(1) Air traffic activity.--The term ``air traffic
activity'' means the number of takeoffs, landings, and
simulated approaches of an airport and the time of which such
takeoffs, landings, and simulated approaches occur.
(2) Contract tower program.--The term ``Contract Tower
Program'' has the meaning given such term in section 47124(e)
of title 49, United States Code.
(3) Qualified organization.--The term ``qualified
organization'' means an independent non-profit organization
that recommends solutions to public policy challenges through
objective analysis.
(4) Remote tower.--The term ``remote tower'' has the
meaning given such term in section 161(a)(9) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 47104 note).
SEC. 530. WEATHER REPORTING SYSTEMS STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study to examine how to improve the
procurement, functionality, and sustainability of weather
reporting systems, including--
(1) automated weather observing systems;
(2) automated surface observing systems;
(3) visual weather observing systems; and
(4) non-Federal weather reporting systems.
(b) Contents.--In conducting the study required under
section (a), the Comptroller General shall address--
(1) the current state of the supply chain related to
weather reporting systems and the components of such systems,
including--
(A) the adequacy of suppliers of such systems and
components;
(B) the affordability of such systems and components; and
(C) the availability and affordability of replacement
parts;
(2) the average age of weather reporting systems
infrastructure installed in the national airspace system;
(3) challenges to maintaining and replacing weather
reporting systems, including--
(A) root causes of weather reporting system outages,
including failures of such systems, and supporting systems
such as telecommunications infrastructure; and
(B) the degree to which such outages affect weather
reporting in the national airspace system;
(4) mitigation measures to maintain aviation safety during
such an outage; and
(5) alternative means of obtaining weather elements at
airports, including wind direction, wind speed, barometric
pressure setting, and cloud coverage, including visibility.
(c) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with
the appropriate stakeholders and Federal agencies involved in
installing, managing, and supporting weather reporting
systems in the national airspace system.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
the results of the study conducted under subsection (a).
(2) Recommendations.--The Comptroller General shall include
in the report submitted under paragraph (1) recommendations
for--
(A) ways to improve the resiliency and redundancy of
weather reporting systems;
(B) alternative means of compliance for obtaining weather
elements at airports; and
(C) if necessary, changes to Orders of the Administration,
including the following:
(i) Surface Weather Observing, Joint Order 7900.5.
(ii) Notices to Air Missions, Joint Order 7930.2.
SEC. 531. GAO STUDY ON EXPANSION OF THE FAA WEATHER CAMERA
PROGRAM.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the feasibility and benefits and
costs of expanding the Weather Camera Program of the Federal
Aviation Administration to locations in the United States
that lack weather camera services.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall review--
(1) the potential effects of the existing Weather Camera
Program on weather-related aviation accidents and flight
interruptions;
(2) the potential benefits and costs associated with
expanding the Weather Camera Program;
(3) limitations on the real-time access of weather camera
information by pilots and aircraft operators;
(4) non-safety related regulatory structures or barriers to
the allowable use of weather camera information for the
purposes of aircraft operations;
(5) limitations of existing weather camera systems at the
time of the study;
(6) alternative sources of viable weather data;
(7) funding mechanisms for weather camera installation and
operations; and
(8) other considerations the Comptroller General determines
appropriate.
(c) Report to Congress.--Not later than 28 months after the
date of enactment of this Act, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the results of the study required under subsection (a).
[[Page H3767]]
SEC. 532. AUDIT ON AVIATION SAFETY IN ERA OF WIRELESS
CONNECTIVITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the inspector general of the
Department of Transportation shall initiate an audit of the
Federal Aviation Administration's internal processes and
procedures to communicate the position of civil aviation
operators and the safety of the national airspace system to
the National Telecommunications and Information
Administration regarding proposed spectrum reallocations or
auction decisions.
(b) Assessment.--In conducting the audit described in
subsection (a), the inspector general shall assess best
practices and policy recommendations for the Federal Aviation
Administration to--
(1) improve internal processes by which proposed spectrum
reallocations or auctions are thoroughly reviewed in advance
to ensure that any comments or technical concerns regarding
aviation safety from civil aviation stakeholders are
communicated to the National Telecommunications and
Information Administration that are to be submitted to the
Federal Communications Commission;
(2) develop internal processes and procedures to assess the
effects a proposed spectrum reallocation or auction may have
on the [National Airspace System/national airspace system] in
a timely manner to ensure safety of the national airspace
system;
(3) improve external communication processes to better
inform civil aviation stakeholders, including owners and
operators of civil aircraft, on any comments or technical
concerns of the Federal Aviation Administration relating to a
proposed spectrum reallocation or auction that may impact the
national airspace system; and
(4) better communicate to the National Telecommunications
and Information Administration when a proposed spectrum
reallocation or auction may pose a potential risk to aviation
safety.
(c) Stakeholder Views.--In conducting the audit pursuant to
subsection (a), the inspector general shall consult with
relevant stakeholders, including--
(1) air carriers operating under part 121 of title 14, Code
of Federal Regulations;
(2) manufacturers of aircraft and aircraft components;
(3) wireless communication carriers;
(4) labor unions representing pilots;
(5) air traffic system safety specialists;
(6) other representatives of the communications industry;
(7) aviation safety experts;
(8) the National Telecommunications and Information
Administration; and
(9) the Federal Communications Commission.
(d) Report.--Not later than 2 years after the date on which
the audit is conducted pursuant to subsection (a), the
inspector general shall complete and submit a report on
findings and recommendations to--
(1) the Administrator of the Federal Aviation
Administration;
(2) the Committee on Transportation and Infrastructure of
the House of Representatives;
(3) the Committee on Energy and Commerce of the House of
Representatives; and
(4) the Committee on Commerce, Science, and Technology of
the Senate.
SEC. 533. RAMP WORKER SAFETY CALL TO ACTION.
(a) Call to Action Ramp Worker Safety Review.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
initiate a Call to Action safety review of airport ramp
worker safety in order to bring stakeholders together to
share best practices and implement actions to address airport
ramp worker safety.
(b) Contents.--The Call to Action safety review required
pursuant to subsection (a) shall include--
(1) a review of Administration regulations, guidance, and
directives related to airport ramp worker procedures and
oversight of such processes;
(2) a review of reportable accidents and incidents
involving airport ramp workers, including any identified
contributing factors to the reportable accident or incident;
(3) a review of training and related educational materials
for airport ramp workers, including supervisory employees;
(4) a review of devices and methods for communication on
the ramp;
(5) a review of markings on the ramp that define
restriction, staging, safety, or hazard zones;
(6) a review of aircraft jet blast and engine intake safety
markings; and
(7) a process for stakeholders, including airlines,
aircraft manufacturers, airports, labor, and aviation safety
experts, to provide feedback and share best practices.
(c) Report and Actions.--Not later than 180 days after the
conclusion of the Call to Action safety review pursuant to
subsection (a), the Administrator shall--
(1) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the review and any
recommendations for actions or best practices to improve
airport ramp worker safety, including the identification of
risks and possible mitigations to be considered in any
applicable safety management system of air carriers and
airports; and
(2) initiate such actions as are necessary to act upon the
findings of the review under subsection (b).
SEC. 534. SAFETY DATA ANALYSIS FOR AIRCRAFT WITHOUT
TRANSPONDERS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with the Chairman of
the National Transportation Safety Board, shall collect and
analyze data relating to accidents and incidents involving
covered exempt aircraft that occurred within 30 nautical
miles of an airport.
(b) Requirements.--The analysis required under subsection
(a) shall include with respect to covered exempt aircraft a
review of--
(1) incident and accident data since 2006;
(2) incidents and accidents involving midair events,
including collisions;
(3) incidents and accidents involving ground proximity
warning system alerts;
(4) incidents and accidents involving traffic collision
avoidance system alerts;
(5) incidents and accidents involving a loss of separation
or near miss; and
(6) the causes of the accidents and incidents described in
paragraphs (1) through (5).
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
the results of the analysis required under subsection (a)
and, if appropriate, recommendations on how to reduce the
number of incidents and accidents associated with such
covered exempt aircraft.
(d) Covered Exempt Aircraft Defined.--In this section, the
term ``covered exempt aircraft'' means aircraft, balloons,
and gliders exempt from air traffic control transponder and
altitude reporting equipment and use requirements under part
91.215(b)(3) of title 14, Code of Federal Regulations.
SEC. 535. CRASH-RESISTANT FUEL SYSTEMS IN ROTORCRAFT.
(a) In General.--The Administrator of the Federal Aviation
Administration shall task the Aviation Rulemaking Advisory
Committee to--
(1) review the data analysis conducted and the
recommendations developed by the Aviation Rulemaking Advisory
Committee Rotorcraft Occupant Protection Working Group of the
Administration;
(2) update the 2018 report of such working group on
rotorcraft occupant protection by--
(A) reviewing National Transportation Safety Board data
from 2016 through 2023 on post-crash fires in helicopter
accidents; and
(B) determining whether and to what extent crash-resistant
fuel systems could have prevented fatalities; and
(3) develop recommendations for either the Administrator or
the helicopter industry to encourage helicopter owners and
operators to expedite the installation of crash-resistant
fuel systems in the aircraft of such owners and operators
regardless of original certification and manufacture date.
(b) Schedule.--
(1) Deadline.--Not later than 18 months after the
Administrator tasks the Aviation Rulemaking Advisory
Committee under subsection (a), the Committee shall submit
the recommendations developed under subsection (a)(2) to the
Administrator.
(2) Implementation.--If applicable, and not later than 180
days after receiving the recommendations under paragraph (1),
the Administrator shall--
(A) begin implementing, as appropriate, any consensus
safety recommendations the Administrator receives from the
Aviation Rulemaking Advisory Committee, and brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on any recommendations the
Administrator does not implement; and
(B) partner with the United States Helicopter Safety Team,
as appropriate, to facilitate implementation of any
recommendations for the helicopter industry pursuant to
subsection (a)(2)
SEC. 536. REDUCING TURBULENCE ON PART 121 AIRCRAFT
OPERATIONS.
(a) In General.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall review and implement, as
appropriate, the recommendations made by the Chair of the
National Transportation Safety Board to the Administrator
contained in the safety research report titled ``Preventing
Turbulence-Related Injuries in Air Carrier Operations
Conducted Under Title 14 Code of Federal Regulations Part
121'', issued on August 10, 2021 (NTSB/SS-21/01).
(b) Report.--
(1) In general.--Not later than 1 year after completing the
review under subsection (a), and every 2 years thereafter,
the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the status of the
recommendations in the safety research report described in
subsection (a) until the earlier of--
(A) the date on which such recommendations have been
adopted; or
(B) the date that is 10 years after the date of enactment
of this Act.
(2) Contents.--If the Administrator decides not to
implement a recommendation in the safety research report
described in subsection (a), the Administrator shall provide,
as a part of the report required under paragraph (1), a
description of why the Administrator did not implement such
recommendation.
SEC. 537. STUDY ON RADIATION EXPOSURE.
(a) Study.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to enter into an agreement
with the National Academies of Sciences, Engineering, and
Medicine under which the National Research Council of the
National Academies shall conduct a study on radiation
exposure onboard various aircraft types operated under part
121 of title 14, Code of Federal Regulations.
[[Page H3768]]
(b) Scope of Study.--In conducting the study under
subsection (a), the National Research Council shall assess--
(1) radiation concentrations in such aircraft at takeoff,
in-flight at high altitudes, and upon landing;
(2) the health risks and impact of radiation exposure to
flight attendants and passengers onboard aircraft operating
at high altitudes; and
(3) mitigation measures to prevent and reduce the health
and safety impacts of radiation exposure to flight attendants
and passengers.
(c) Report to Congress.--Not later than 16 months after the
initiation of the study required under subsection (a), the
Secretary shall submit to the appropriate committees of
Congress the study conducted by the National Research Council
pursuant to this section.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means the Committee on Transportation and Infrastructure and
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 538. DETERRING CREWMEMBER INTERFERENCE.
(a) Task Force.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall convene a task force to develop
voluntary standards and best practices relating to suspected
violations of sections 46318, 46503, and 46504 of title 49,
United States Code, including--
(A) proper and consistent incident documentation and
reporting techniques;
(B) best practices for flight crew and cabin crew response,
including de-escalation;
(C) improved coordination between stakeholders, including
flight crew and cabin crew, airport staff, other Federal
agencies as appropriate, and law enforcement; and
(D) appropriate enforcement actions.
(2) Membership.--The task force convened under paragraph
(1) shall be comprised representatives of--
(A) air carriers;
(B) airport sponsors and airport law enforcement agencies;
(C) other Federal agencies determined necessary by the
Administrator; and
(D) labor organizations representing air carrier pilots;
(E) labor organizations representing flight attendants; and
(F) labor organizations representing ticketing, check-in,
or other customer service representatives employed by air
carriers.
(b) Announcements.--Not later than 90 days after the date
of enactment of this Act, the Administrator shall initiate
such actions as may be necessary to include in the briefing
of passengers before takeoff required under section 121.571
of title 14, Code of Federal Regulations, a statement
informing passengers that it is against Federal law to
assault or threaten to assault any individual on an aircraft
or interfere with the duties of a crewmember.
(c) Definitions.--For purposes of this section, the
definitions in section 40102(a) of title 49, United States
Code, shall apply to terms in this section.
SEC. 539. CABIN TEMPERATURE STANDARDS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall review existing standards
produced by recognized industry standards organizations on
safe air temperatures and humidity levels in enclosed
environments, including onboard aircraft, and determine the
validity of such standards, including the American Society of
Heating, Refrigerating and Air-Conditioning Engineers (in
this section referred to as ``ASHRAE'') standards titled
``Air Quality within Commercial Aircraft'' (ASHRAE Guideline
28-2021) and ``Thermal Environmental Conditions for Human
Occupancy'' (ASHRAE Standard 55-2020).
(b) Consultation.--In conducting the review under
subsection (a), the Administrator shall consult with--
(1) certificate holders under part 121 of title 14, Code of
Federal Regulations;
(2) certified labor representatives of flight attendants,
pilots, and other crewmembers;
(3) relevant Federal agencies; and
(4) other relevant stakeholders, as appropriate.
(c) Academic Study.--In the event that the Administrator
determines, through the review carried out under subsection
(a), that there is not an appropriate standard to determine
unsafe temperatures onboard aircraft operated under part 121
of title 14, Code of Federal Regulations, the Administrator
shall enter into an appropriate agreement with the National
Academies to--
(1) conduct a study of unsafe aircraft cabin temperatures
and aircraft conditions that contribute to such temperatures;
and
(2) provide recommendations for air carriers and aircraft
manufacturers to improve the management of temperature and
related factors onboard aircraft.
(d) Reports.--
(1) FAA.--Not later than 3 months after completing the
review required under subsection (a), the Administrator shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the findings and determination of the review.
(2) National academies.--If a report is produced under
subsection (c), not later than 1 month after receiving such
report the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate such report.
SEC. 540. CABIN AIR QUALITY.
(a) Reporting of Smoke or Fume Events Onboard Commercial
Aircraft.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop a standardized system
for a flight attendants, pilots, and aircraft maintenance
technicians of air carriers to voluntarily report fume events
onboard passenger-carrying aircraft operating under part 121
of title 14, Code of Federal Regulations.
(2) Information submission.--The system developed under
paragraph (1) shall include a method of submission, which
shall request at least the following information:
(A) Identification of the flight number, type, and
registration of the aircraft.
(B) The date of the reported fume event onboard the
aircraft.
(C) Description of smoke or fume in the aircraft, including
the nature, intensity, and visual consistency or smell (if
any).
(D) The location of the smoke or fumes in the aircraft.
(E) The source (if discernible) of the smoke or fumes in
the aircraft.
(F) The phase of flight during which smoke or fumes first
became present.
(G) The duration of the fume event.
(H) Any required onboard medical attention for passengers
or crew members.
(I) Any additional factors as determined appropriate by the
Administrator or crew member submitting a report.
(3) Guidelines for submission.--The Administrator shall
issue guidelines on how to submit the information described
in paragraph (2).
(4) Confirmation of submission.--Upon submitting the
information described in paragraph (2), the submitting party
shall receive a duplicate record of the submission and
confirmation of receipt.
(5) Use of information.--The Administrator--
(A) may not publish any information submitted under this
section;
(B) shall maintain a database of such information;
(C) at the request of an air carrier, shall provide to such
air carrier any information submitted under this section that
is relevant to such air carrier, except any information that
may be used to identify the party submitting such
information;
(D) may not, without validation, assume that information
submitted under this section is accurate for the purposes of
initiating rulemaking or taking an enforcement action;
(E) may use information submitted under this section to
inform the oversight of the safety management system of an
air carrier; and
(F) may use information submitted under this section for
the purpose of performing a study or supporting a study
sponsored by the Administrator.
(b) Study.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to enter into the
appropriate arrangements with the National Academies to
conduct a study and issue recommendations to be made publicly
available pertaining to cabin air quality and any risk of,
and potential for, persistent and accidental fume events
onboard a passenger-carrying aircraft operating under part
121 of title 14, Code of Federal Regulations.
(2) Scope.--In carrying out a study pursuant to paragraph
(1), the National Academies shall examine--
(A) the information collected pursuant to subsection (a);
(B) the report issued pursuant to section 326 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40101 note) and any
identified assumptions or gaps described in such report;
(C) any health risks or impacts of fume events on flight
crews, including flight attendants and pilots, and passengers
onboard aircraft operating under part 121 of title 14, Code
of Federal Regulations;
(D) instances of persistent or regularly occurring (as
determined by the National Academies) fume events in such
aircraft;
(E) instances of accidental, unexpected, or irregularly
occurring (as determined by the National Academies) fume
events on such aircraft, including whether such accidental
events are more frequent during various phases of operations,
including ground operations, taxiing, take off, cruise, and
landing;
(F) the likely originating material of, and the air
contaminants present during, the situations described in
subparagraphs (D) and (E);
(G) the frequencies, durations, and likely causes of the
situations described in subparagraphs (D) and (E); and
(H) any additional data on fume events as determined
appropriate by the National Academies.
(3) Recommendations.--The National Academies shall provide
recommendations based on the study conducted under paragraph
(1)--
(A) that shall, at minimum, address how to--
(i) improve overall cabin air quality of passenger-carrying
aircraft;
(ii) improve the detection, accuracy, and reporting of fume
events; and
(iii) reduce the frequency and impact of fume events; and
(B) for any updates to standards, guidelines, or
regulations that could help achieve the recommendations
described in subparagraph (A).
(4) Report to congress.--Not later than 1 month after the
completion of the study conducted under paragraph (1), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science,
[[Page H3769]]
and Transportation of the Senate a copy of such study.
(c) Fume Event Defined.--In this section, the term ``fume
event'' means the presence of fumes in the cabin, including
smoke.
SEC. 541. EVACUATION STANDARDS FOR TRANSPORT CATEGORY
AIRPLANES.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall task the Aviation Rulemaking
Advisory Committee with reviewing and proposing updates to
the evacuation requirements under section 25.803 of title 14,
Code of Federal Regulations, and appendix J to part 25 of
such title.
(b) Considerations.--In tasking the Aviation Rulemaking
Advisory Committee under subsection (a), the Administrator
shall, at a minimum, task the Committee to--
(1) evaluate whether the representative passenger loads,
prescribed in regulation on the date of enactment of this
Act, represent a realistic composition of passengers on an
aircraft operated under part 121 of title 14, Code of Federal
Regulations, including accounting for--
(A) children, including infants;
(B) passengers who do not speak English;
(C) passengers with disabilities; and
(D) service animals (as such term is defined in section
35.104 and 36.104 of title 28, Code of Federal Regulations,
or successor regulations); and
(2) determine if there are technologies or techniques that
can be used to more accurately represent categories of
passengers who are unable to provide consent during
evacuation testing, but should be simulated in such testing;
(3) evaluate whether the requirements prescribed in
regulation on the date of enactment of this Act adequately
consider the varying sizes, weight, and matter or baggage
present in an aircraft cabin; and
(4) determine whether the evacuation testing performed,
associated with section 25.803 of title 14, Code of Federal
Regulations, considers the seat size, seat pitch, seating
layout, aisle width, and aisle layout of the aircraft type
being tested.
(c) Consultation.--In tasking the Aviation Rulemaking
Advisory Committee under subsection (a), the Administrator
shall allow such Committee to consult with the National
Transportation Safety Board, transport category aircraft
manufacturers, air carriers certificated under part 121 of
title 14, Code of Federal Regulations, crew members of such
air carriers, emergency responders, groups representing
passengers and passengers with disabilities, and other
relevant experts.
(d) Rulemaking.--Not later than 18 months after receiving
such recommendations to update section 25.803 of title 14,
Code of Federal Regulations, and appendix J to part 25 of
such title, the Administrator shall issue a final rulemaking
based on the recommendations provided by the aviation
rulemaking advisory committee tasked under this section, as
necessary.
(e) Passenger With Disabilities.--In this section, the term
``passenger with disabilities'' means any qualified
individual with a disability, as such term is defined in
section 382.3 of title 14, Code of Federal Regulations, or
successor regulations.
SEC. 542. LITHIUM-ION POWERED WHEELCHAIRS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
task the Air Carrier Access Act Advisory Committee (in this
section referred to as the ``Committee'') to conduct a review
of regulations regarding lithium-ion battery powered
wheelchairs and mobility aids and provide recommendations to
the Secretary to ensure safe transport of such wheelchairs
and mobility aids in air transportation.
(b) Considerations.--In conducting the review required
under subsection (a), the Committee shall consider the
following:
(1) Any existing or necessary standards for lithium-ion
batteries, including casings or other similar components, in
such wheelchairs and mobility aids.
(2) The availability of necessary containment or storage
devices, including fire containment covers or fire-resistant
storage containers, for such wheelchairs and mobility aids.
(3) The policies of each air carrier (as such term is
defined in part 121 of title 14, Code of Federal Regulations)
pertaining to lithium-ion battery powered wheelchairs and
mobility aids (as in effect on the date of enactment of this
Act).
(4) Any other considerations the Secretary determines
appropriate.
(c) Consultation Requirement.--In conducting the review
required under subsection (a), the Committee shall consult
with the Administrator of the Pipeline and Hazardous
Materials Safety Administration.
(d) Notification.--
(1) In general.--Upon completion of the review conducted
under subsection (a), the Committee shall notify the
Secretary if an air carrier does not have a policy pertaining
to lithium-ion battery powered wheelchairs and mobility aids
in effect.
(2) Notification.--The Secretary shall notify an air
carrier described in paragraph (1) of the status of such air
carrier.
(e) Report to Congress.--Not later than 90 days after
submission of the recommendations to the Secretary, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate any recommendations under subsection (a), in the form
of a report.
(f) Publication.--The Secretary shall publish the report
required under subsection (e) on the public website of the
Department of Transportation.
SEC. 543. NATIONAL SIMULATOR PROGRAM POLICIES AND GUIDANCE.
(a) Review.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall review relevant policies and
guidance, including all advisory circulars, information
bulletins, and directives, pertaining to part 60 of title 14,
Code of Federal Regulations.
(b) Updates.--Upon completion of the review required under
subsection (a), the Administrator shall, at a minimum, update
the following:
(1) Advisory Circular 120-40B, issued July 29, 1991.
(2) Advisory Circular 120-45A, issued February 5, 1992.
(3) Advisory Circular 120-50A, issued February 9, 1996.
(4) Advisory Circular 120-63, issued October 11, 1994.
(c) Consultation.--In carrying out the review required
under subsection (a), the Administrator shall convene and
consult with entities required to comply with part 60 of
title 14, Code of Federal Regulations, including
representatives of--
(1) air carriers;
(2) flight schools certificated under part 141 of title 14,
Code of Federal Regulations;
(3) training centers certificated under part 142 of title
14, Code of Federal Regulations; and
(4) manufacturers and suppliers of flight simulation
training devices (as defined in part 1 of title 14, Code of
Federal Regulations, and Appendix F to part 60 of such
title).
SEC. 544. GAO STUDY ON FAA NATIONAL SIMULATOR PROGRAM.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study into the National Simulator
Program of the Federal Aviation Administration that is part
of the Air Transportation Division's Training and Simulation
Group.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall, at a minimum,
assesses--
(1) how the program described under subsection (a), is
maintained to reflect and account for advancement in
technologies pertaining to flight simulation training devices
(as defined in part 1 of title 14, Code of Federal
Regulations, and appendix F to part 60 of such title);
(2) the staffing levels, critical competencies, and skills
gaps of Administration personnel responsible for carrying out
and supporting the program described in subsection (a); and
(3) how the program described in subsection (a) engages air
carriers and relevant industry stakeholders, including flight
schools, to ensure efficient compliance with part 60 of such
title.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
findings of the study conducted under subsection (a).
SEC. 545. GAO STUDY ON FAA ALIGNMENT WITH BEST AVAILABLE
TECHNOLOGIES AND STANDARDS.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the incorporation of best
available technologies by the Federal Aviation Administration
to increase aviation safety and improve the health and safety
of aviation workers.
(b) Scope.--In conducting the study under subsection (a),
the Comptroller General shall--
(1) analyze the degree to which the Administrator of the
Federal Aviation Administration is enabling the use or
adoption of technologies used by other air navigation service
providers to meet ICAO standards; and
(2) identify any barriers to adoption of such technologies.
(c) Report.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General shall report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the findings of
the study.
(d) ICAO Defined.--In this section, the term ``ICAO'' means
the International Civil Aviation Organization.
SEC. 546. ADVANCED SIMULATION TRAINING.
(a) In General.--Notwithstanding section 61.159(a)(6) of
title 14, Code of Federal Regulations (or any successor
regulations), a person who is applying for an airline
transport certificate with an airplane category and class
rating may obtain up to 150 additional hours of the total
aeronautical experience requirement in a full flight
simulator representing an airplane that provides six-degrees
of freedom motion, provided the aeronautical experience--
(1) was accomplished as part of a Federal Aviation
Administration approved training course in parts 121, 135,
141, or 142 of such title; and
(2) does not qualify for flight credit hours for an
individual applying for an airline transport pilot
certificate with restricted privileges under paragraphs (a),
(b), (c), and (d) of section 61.160 of such title (or any
successor regulation).
(b) Rule of Construction.--Nothing in this section shall be
construed to affect the ability of a person to also obtain
100 hours of aeronautical experience in a flight training
device or full flight simulator under section 61.159(a)(6) of
title 14, Code of Federal Regulations (or any successor
regulations).
(c) Rulemaking.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a final rule to update
part 61 of title 14, Code of Federal Regulations, to reflect
changes made by this section.
(2) Consultation.--The Administrator shall consult with the
Air Carrier Training Aviation Rulemaking Committee--
[[Page H3770]]
(A) in developing the rule under paragraph (1), and
(B) in evaluating, notwithstanding subsection (a), whether
the additional 150 hours allowed under subsection (a) may be
accrued in a full flight simulator representing an airplane
that provides three-degrees of freedom motion.
(3) Applicability.--Nothing in this subsection, nor any
potential failure of the Administrator to issue a final rule
under paragraph (1), shall be construed to prohibit the
immediate applicability of subsection (a).
(d) Definitions.--In this section, the terms ``flight
training device'' and ``full flight simulator'' have the
meanings given such terms in section 1.1 of title 14, Code of
Federal Regulations.
SEC. 547. INCREMENTAL SAFETY IMPROVEMENT.
Section 44704 of title 49, United States Code, is amended
by adding at the end the following:
``(h) Incremental Safety Improvement.--
``(1) In general.--The Administrator may consider and
approve a proposed incremental design change request from a
type certificate holder, if such holder is required by the
Administrator to make a safety-related design change to bring
a product into compliance, even if the proposed incremental
design change does not eliminate all noncompliant conditions.
``(2) Proposed incremental design change.--A proposed
incremental design change under paragraph (1) shall--
``(A) be related to the required safety-related change
described in this subsection; and
``(B) improve safety.
``(3) Full compliance.--An approval issued under this
subsection shall not be construed to relieve a type
certificate holder from addressing all noncompliant
conditions under paragraph (1).''.
Subtitle B--Aviation Cybersecurity
SEC. 571. FINDINGS.
Congress finds the following:
(1) Congress has repeatedly tasked the Federal Aviation
Administration with responsibility for securing the national
airspace system, including the air traffic control system and
other air navigation services, civil aircraft, and
aeronautical products and articles through safety regulation
and oversight. These mandates have routinely included
protecting against associated cyber threats affecting
aviation safety or the Administration's provision of safe,
secure, and efficient air navigation services and airspace
management.
(2) In 2016, Congress passed the FAA Extension, Safety, and
Security Act of 2016, which established requirements for the
Federal Aviation Administration to enhance the national
airspace system's cybersecurity and included mandates for the
Administration to--
(A) develop a cybersecurity strategic plan;
(B) coordinate with other Federal agencies to identify
cyber vulnerabilities;
(C) develop a cyber threat model; and
(D) complete a comprehensive, strategic policy framework to
identify and mitigate cybersecurity risks to the air traffic
control system.
(3) In 2018, Congress passed the FAA Reauthorization Act of
2018 which--
(A) authorized funding for the construction of Federal
Aviation Administration facilities dedicated to improving the
cybersecurity of the national airspace system;
(B) required the Federal Aviation Administration to review
and update its comprehensive, strategic policy framework for
cybersecurity to assess the degree to which the framework
identifies and addresses known cybersecurity risks associated
with the aviation system, and evaluate existing short- and
long-term objectives for addressing cybersecurity risks to
the national airspace system;
(C) created a Chief Technology Officer position within the
Federal Aviation Administration to be responsible for, among
other things, coordinating the implementation, operation,
maintenance, and cybersecurity of technology programs
relating to the air traffic control system with the aviation
industry and other Federal agencies; and
(D) directed the National Academy of Sciences to study the
cybersecurity workforce of the Federal Aviation
Administration in order to develop recommendations to
increase the size, quality, and diversity of such workforce.
(4) Congress has tasked the Federal Aviation Administration
with being the primary Federal agency to assess and address
the threats posed from cyber incidents relating to Federal
Aviation Administration-provided air traffic control and air
navigation services and the threats posed from cyber
incidents relating to civil aircraft, aeronautical products
and articles, aviation networks, aviation systems, services,
and operations, and the aerospace industry affecting aviation
safety or the provision of safe, secure, and efficient air
navigation services and airspace management by the
Administration.
(5) Since 2005, the Federal Aviation Administration has
been addressing cyber vulnerabilities in civil aircraft and
aeronautical products and articles during the safety
certification process.
SEC. 572. AEROSPACE PRODUCT SAFETY.
(a) Cybersecurity Standards.--Section 44701(a) of title 49,
United States Code, is amended--
(1) in paragraph (1) by inserting ``cybersecurity,'' after
``quality of work,''; and
(2) in paragraph (5)--
(A) by inserting ``cybersecurity and'' after ``standards
for''; and
(B) by striking ``procedure'' and inserting ``procedures''.
(b) Exclusive Rulemaking Authority.--Section 44701 of title
49, United States Code, is amended by adding at the end the
following:
``(h) Exclusive Rulemaking Authority.--Notwithstanding any
other provision of law and except as provided in section
40132, the Administrator, in consultation with the heads of
such other agencies as the Administrator determines
necessary, shall have exclusive authority to prescribe
regulations for purposes of assuring civil aircraft,
including unmanned aircraft systems, aircraft engine,
propeller, and appliance cybersecurity.''.
SEC. 573. FEDERAL AVIATION ADMINISTRATION REGULATIONS,
POLICY, AND GUIDANCE.
(a) In General.--Chapter 401 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 40132. National airspace system cyber threat
management process
``(a) Establishment.--The Administrator of the Federal
Aviation Administration, in consultation with other agencies
as the Administrator determines necessary, shall establish a
national airspace system cyber threat management process to
protect the national airspace system cyber environment,
including the safety, security, and efficiency of the air
navigation services provided by the Administration.
``(b) Issues To Be Addressed.--In establishing the national
airspace system cyber threat management process under
subsection (a), the Administrator shall, at a minimum--
``(1) monitor the national airspace system for
cybersecurity incidents;
``(2) in consultation with appropriate Federal agencies,
evaluate the cyber threat landscape for the national airspace
system, including updating such evaluation on both annual and
threat-based timelines;
``(3) conduct national airspace system cyber incident
analyses;
``(4) create a cyber common operating picture for the
national airspace system cyber environment;
``(5) coordinate national airspace system cyber incident
responses with other appropriate Federal agencies;
``(6) track cyber incident detection, response, mitigation
implementation, recovery, and closure;
``(7) establish a process, or utilize existing processes,
to collect relevant interagency and stakeholder national
airspace system cyber incident data, including data from
other Federal agencies and private persons; and
``(8) consider any other matter the Administrator
determines appropriate.
``(c) Definitions.--In this section:
``(1) Cyber common operating picture.--The term `cyber
common operating picture' means the correlation of a detected
cyber incident or cyber threat in the national airspace
system and other operational anomalies to provide a holistic
view of potential cause and impact.
``(2) Cyber environment.--The term `cyber environment'
means the information environment consisting of the
interdependent networks of information technology
infrastructures and resident data, including the internet,
telecommunications networks, computer systems, and embedded
processors and controllers.
``(3) Cyber incident.--The term `cyber incident' means an
action that creates noticeable degradation, disruption, or
destruction to the cyber environment and causes a safety or
other negative impact on operations of--
``(A) the national airspace system;
``(B) civil aircraft; or
``(C) aeronautical products and articles.
``(4) Cyber threat.--The term `cyber threat' means the
threat of an action that, if carried out, would constitute a
cyber incident or an electronic attack.
``(5) Electronic attack.--The term `electronic attack'
means the use of electromagnetic spectrum energy to impede
operations in the cyber environment, including through
techniques such as jamming or spoofing.''.
(b) Clerical Amendment.--The analysis for chapter 401 of
title 49, United States Code, is further amended by adding at
the end the following:
``40132. National airspace system cyber threat management process.''.
SEC. 574. CIVIL AVIATION CYBERSECURITY RULEMAKING COMMITTEE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall convene an aviation rulemaking
committee on civil aircraft cybersecurity to conduct a review
and develop findings and recommendations on cybersecurity
standards for civil aircraft, aircraft ground support
information systems, airports, air traffic control mission
systems, and aeronautical products and articles.
(b) Duties.--The Administrator shall--
(1) not later than 2 years after the date of enactment of
this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report based on the findings of the aviation
rulemaking committee convened under subsection (a); and
(2) not later than 180 days after the date of submission of
the report under paragraph (1) and, in consultation with
other agencies as the Administrator determines necessary, for
consensus recommendations reached by such aviation rulemaking
committee--
(A) undertake a rulemaking, if appropriate, based on such
recommendations; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a supplemental report with explanations for each
consensus recommendation not addressed, if applicable, by a
rulemaking under subparagraph (A).
(c) Composition.--The aviation rulemaking committee
convened under subsection (a) shall consist of members
appointed by the Administrator, including representatives
of--
(1) aircraft manufacturers, to include at least 1
manufacturer of transport category aircraft;
[[Page H3771]]
(2) air carriers;
(3) unmanned aircraft system stakeholders, including
operators, service suppliers, and manufacturers of hardware
components and software applications;
(4) manufacturers of powered-lift aircraft;
(5) airports;
(6) original equipment manufacturers of ground and space
based aviation infrastructure;
(7) aviation safety experts with specific knowledge of
aircraft cybersecurity; and
(8) a non-profit which operates 1 or more federally funded
research and development centers with specific knowledge of
aviation and cybersecurity.
(d) Member Eligibility.--Prior to a member's appointment
under subsection (c), the Administrator shall determine if
there is cause for such member to be restricted from
possessing sensitive security information. Upon a
determination of no cause being found regarding the member,
and upon the member voluntarily signing a nondisclosure
agreement, the member may be granted access to sensitive
security information that is relevant to the member's duties
on the aviation rulemaking committee. The member shall
protect the sensitive security information in accordance with
part 1520 of title 49, Code of Federal Regulations.
(e) Prohibition on Compensation.--The members of the
aviation rulemaking committee convened under subsection (a)
shall not receive pay, allowances, or benefits from the
Government by reason of their service on such committee.
(f) Considerations.--The Administrator shall direct such
committee to consider--
(1) existing cybersecurity standards, regulations,
policies, and guidance, including those from other Federal
agencies;
(2) threat- and risk-based security approaches used by the
aviation industry, including the assessment of the potential
costs and benefits of cybersecurity actions;
(3) data gathered from cybersecurity reporting;
(4) data gathered from safety reporting;
(5) the diversity of operations and systems on aircraft and
amongst air carriers;
(6) security of design data;
(7) the need to harmonize or deconflict proposed and
existing standards, regulations, policies, and guidance with
other Federal standards, regulations, policies, and guidance;
(8) design approval holder aircraft network security
guidance for operators;
(9) the need for such standards, regulations, policies, and
guidance as applied to civil aircraft information, data,
networks, systems, services, operations, and technology;
(10) Federal Aviation Administration services, aviation
industry services, and aircraft use of positioning,
navigation, and timing data in the context of Executive Order
13905, as in effect on the date of enactment of this Act;
(11) updates needed to airworthiness regulations and
systems safety assessment methods used to show compliance
with airworthiness requirements for design, function,
installation, and certification of civil aircraft,
aeronautical products and articles, and aircraft networks;
(12) updates needed to air carrier operating and
maintenance regulations to ensure continued adherence with
processes and procedures established in airworthiness
regulations to provide cybersecurity protections for aircraft
systems, including for continued airworthiness;
(13) policies and procedures to coordinate with other
Federal agencies, including intelligence agencies, and the
aviation industry in sharing information and analyses related
to cyber threats to civil aircraft information, data,
networks, systems, services, operations, and technology and
aeronautical products and articles;
(14) the response of the Administrator and aviation
industry to, and recovery from, cyber incidents, including by
coordinating with other Federal agencies, including
intelligence agencies;
(15) processes for members of the aviation industry to
voluntarily report to the Federal Aviation Administration
cyber incidents that may affect aviation safety in a manner
that protects trade secrets and confidential business
information;
(16) the unique nature of the aviation industry, including
aircraft networks, aircraft systems, and aeronautical
products, and the interconnectedness of cybersecurity and
aviation safety;
(17) appropriate cybersecurity controls for aircraft
networks, aircraft systems, and aeronautical products and
articles to protect aviation safety, including airworthiness;
(18) appropriate cybersecurity controls for airports
relative to the size and nature of airside operations of such
airports to ensure aviation safety;
(19) minimum standards for protecting civil aircraft,
aeronautical products and articles, aviation networks,
aviation systems, services, and operations from cyber threats
and cyber incidents;
(20) international collaboration, where appropriate and
consistent with the interests of aviation safety in air
commerce and national security, with other civil aviation
authorities, international aviation and standards
organizations, and any other appropriate entities to protect
civil aviation from cyber incidents and cyber threats;
(21) the recommendations and implementation of the Aircraft
System Information Security/Protection report of the aviation
rulemaking advisory committee submitted on August 22, 2016;
and
(22) any other matter the Administrator determines
appropriate.
(g) Definitions.--The definitions set forth in section
40132 of title 49, United States Code (as added by this
subtitle), shall apply to this section.
TITLE VI--AEROSPACE INNOVATION
Subtitle A--Unmanned Aircraft Systems
SEC. 601. DEFINITIONS.
(a) Definition.--Section 44801(1) of title 49, United
States Code, is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(D) is able to maintain safe flight control in the event
of a power or flight control failure during flight; and
``(E) is programmed to initiate a controlled landing in the
event of a tether separation.''.
SEC. 602. UNMANNED AIRCRAFT SYSTEM TEST RANGES.
(a) In General.--Section 44803 of title 49, United States
Code, is amended to read as follows:
``Sec. 44803. Unmanned aircraft system test ranges
``(a) In General.--The Administrator of the Federal
Aviation Administration shall carry out and update, as
appropriate, a program to enable a broad variety of testing
and evaluation activities at unmanned aircraft system test
ranges, as in effect on the day before the date of enactment
of the Securing Growth and Robust Leadership in American
Aviation Act, to the extent consistent with aviation safety
and efficiency, and for purposes of the safe integration of
unmanned aircraft systems into the national airspace system.
``(b) Airspace Requirements.--In carrying out the program
under subsection (a)--
``(1) the Administrator may establish nonregulatory special
use airspace areas upon the request of a test range sponsor
selected by the Administrator under subsection (a), for
purposes of accommodating hazardous testing and evaluation
activities to inform the safe integration of unmanned
aircraft systems into the national airspace system, or for
purposes of other activities authorized by the Administrator
under subsection (g);
``(2) each selected test range sponsor for a designated
test range shall be considered the using agency for purposes
of the respective nonregulatory special use airspace areas
established by the Administrator under this section; and
``(3) the Administrator may require that each selected test
range sponsor for a designated test range provide a draft
environmental review consistent with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
subject to the supervision and adoption of the Administrator,
with respect to any request for the establishment of a
nonregulatory special use airspace area under this section.
``(c) Program Requirement.--In carrying out the program
under subsection (a), the Administrator--
``(1) may develop operational standards and air traffic
requirements for flight operations at test ranges;
``(2) shall coordinate with, and leverage the resources of,
other Federal agencies, as the Administrator considers
appropriate;
``(3) shall address both civil and public aircraft
operations;
``(4) shall provide for verification of the safety of
flight systems and related navigation procedures as it
relates to continued development of standards for integration
into the national airspace system;
``(5) shall engage test range sponsors, as necessary and
within available resources, in projects for testing and
evaluation of flight systems to facilitate the validation of
standards by the Administration for the safe integration of
unmanned aircraft systems into the national airspace system,
which may include solutions for--
``(A) developing and enforcing geographic and altitude
limitations;
``(B) providing for alerts regarding any hazards or
limitations on flight, including prohibitions on flight;
``(C) sense and avoid capabilities;
``(D) technology to support communications, navigation, and
surveillance;
``(E) unmanned aircraft system operations beyond visual
line of sight, at nighttime, or over people;
``(F) operation of multiple unmanned aircraft systems by a
single remote pilot;
``(G) unmanned aircraft systems traffic management
capabilities or services;
``(H) counter unmanned aircraft system capabilities;
``(I) improving privacy protections through the use of
advances in unmanned aircraft systems; and
``(J) other critical priority areas for which testing and
evaluation is needed.
``(6) shall coordinate periodically with all test range
sponsors to ensure test range sponsors know which data should
be collected, how data can be de-identified to flow more
readily to the Administration, what procedures should be
followed, and what testing and evaluations would advance
efforts to safely integrate unmanned aircraft systems into
the national airspace system; and
``(7) shall allow test range sponsors to receive Federal
funding, other than from the Federal Aviation Administration,
including in-kind contributions, from test range participants
in the furtherance of testing and evaluation objectives.
``(d) Exemption.--Except as provided in subsection (g), the
requirements of section 44711, including related implementing
regulations, shall not apply to persons approved by the test
range sponsor for operation at a designated test range under
this section.
``(e) Responsibilities of Test Range Sponsor.--The sponsor
of each test range under subsection (a) shall--
``(1) provide access to all interested private and public
entities seeking to carry out testing
[[Page H3772]]
and evaluation activities at the test range designated
pursuant to this section, to the greatest extent practicable,
consistent with safety and any operating procedures
established by the test range sponsor, including access by
small business concerns (as that term is described in section
3(a) of the Small Business Act (15 U.S.C. 632(a));
``(2) ensure all activities remain within the geographical
boundaries and altitude limitations established for the
nonregulatory special use airspace area covering the test
range;
``(3) ensure no activity is conducted at the designated
test range in a careless or reckless manner;
``(4) establish safe operating procedures for all operators
approved for activities at the test range, including
provisions for maintaining operational control and ensuring
protection of persons and property on the ground, subject to
approval by the Administrator;
``(5) exercise direct oversight of all operations conducted
at the test range;
``(6) consult with the Administrator on the nature of
planned activities at the test range and whether temporary
segregation through the use of a nonregulatory special use
airspace area is required to contain such activities is
consistent with aviation safety;
``(7) protect proprietary technology, sensitive data, or
sensitive research of any civil or private entity when using
the test range;
``(8) maintain detailed records of all ongoing and
completed testing and evaluation activities conducted at the
test range and all operators conducting such activities, for
inspection by, and reporting to, the Administrator, as
required by agreement between the Administrator and the test
range sponsor;
``(9) make all original records available for inspection
upon request by the Administrator; and
``(10) provide recommendations to the Administrator to
further enable public and private testing and evaluation
activities at the test ranges that contribute to the safe
integration of unmanned aircraft systems by the
Administration into the national airspace system, on a
quarterly basis until the program terminates.
``(f) Testing.--
``(1) In general.--The Administrator may authorize a
sponsor of a test range designated under subsection (a) to
host testing and evaluation activities other than those
directly related to the integration of unmanned aircraft
systems into the national airspace system, provided that the
activity is necessary to inform the development of standards
or policy for integrating new types of flight systems into
the national airspace system.
``(2) Waiver.--In carrying out this subsection, the
Administrator may waive the requirements of section 44711,
including related regulations, to the extent consistent with
aviation safety.
``(g) Agreements.--The Administrator may use the
transaction authority under section 106(l)(6) to enter into
appropriate agreements to direct testing and evaluation
activities related to unmanned aircraft systems at any test
range designated under subsection (a).
``(h) Termination.--The program under this section shall
terminate on September 30, 2028.''.
(b) Conforming Amendment.--Section 44801(10) of title 49,
United States Code, is amended by striking ``any of the 6
test ranges'' and all that follows through ``January 1,
2009'' and inserting ``the test ranges established by the
Administrator under section 44803''.
SEC. 603. UNMANNED AIRCRAFT IN THE ARCTIC.
(a) In General.--Section 44804 of title 49, United States
Code, is amended--
(1) in section heading by striking ``Small unmanned'' and
inserting ``Unmanned''; and
(2) by striking ``small'' each place it appears.
(b) Clerical Amendment.--The analysis for chapter 448 of
title 49, United States Code, is amended by striking the item
relating to section 44804 and insert the following:
``44804. Unmanned aircraft in the Arctic.''.
SEC. 604. PUBLIC SAFETY USE OF TETHERED UAS.
(a) In General.--Section 44806 of title 49, United States
Code, is amended--
(1) in the section heading by inserting ``and public safety
use of unmanned aircraft systems'' after ``systems'';
(2) in subsection (c)--
(A) in the subsection heading by inserting ``Safety Use
of'' after ``Public''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``Not later than 180 days after the date of
enactment of this Act, the'' and inserting ``The'';
(II) by striking ``permit the use of'' and inserting
``permit'';
(III) by striking ``public''; and
(IV) by inserting ``by a public safety organization for
such systems'' after ``systems'';
(ii) by striking subparagraph (A) and inserting the
following:
``(A) operated--
``(i) at or below an altitude of 150 feet above ground
level within class B, C, D, E, or G airspace, but not at a
greater altitude than the ceiling depicted on the UAS
facility maps published by the Federal Aviation
Administration, where applicable;
``(ii) within zero-grid airspaces as depicted on such UAS
facility maps, only if operated in life-saving or emergency
situations and with prior notification to the Administration
in a manner determined by the Administrator; or
``(iii) above 150 feet above ground level within class B,
C, D, E, or G airspace only with prior authorization from the
Administrator;'';
(iii) by striking subparagraph (B); and
(iv) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively; and
(C) in paragraph (3) by striking ``Public actively'' and
inserting ``Actively''; and
(3) by adding at the end, the following:
``(e) Definition.--In this section, the term `public safety
organization' means an entity that primarily engages in
activities related to the safety and well-being of the
general public, including law enforcement, fire departments,
emergency medical services, and other organizations that
protect and serve the public in matters of safety and
security.''.
(b) Clerical Amendment.--The analysis for chapter 448 of
title 49, United States Code, is amended by striking the item
relating to section 44806 and inserting the following:
``44806. Public unmanned aircraft systems and public safety use of
unmanned aircraft systems.''.
SEC. 605. SPECIAL AUTHORITY FOR UNMANNED AIRCRAFT SYSTEMS.
Section 44807 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or chapter 447'' after ``this chapter'';
(B) by striking ``the Secretary of Transportation'' and
inserting ``the Administrator of the Federal Aviation
Administration''; and
(C) by striking ``if certain'' and inserting ``how'';
(2) in subsection (b)--
(A) by striking ``the Secretary'' and inserting ``the
Administrator''; and
(B) in paragraph (1)--
(i) by striking ``which types of unmanned aircraft systems,
if any, as a result of their size'' and inserting ``how the
unmanned aircraft, as a result of such aircraft's size''; and
(ii) by striking ``do not create'' and inserting ``does not
create'';
(3) in subsection (c) to read as follows:
``(c) Requirements for Safe Operation.--
``(1) In general.--For unmanned aircraft systems that the
Administrator determines under this section may operate
safely in the national airspace system, the Administrator
shall establish risk-based requirements, or a process to
accept risk-based proposed requirements, for the safe
operation of such aircraft systems in the national airspace
system, including operation related to testing and evaluation
of proprietary systems.
``(2) Treatment of mitigation measures.--To the extent that
a proposed operation will be conducted exclusively within the
airspace of a Mode C Veil during the entirety of the
operation, such operation shall be treated as satisfying the
requirements of section 91.113(b) of title 14, Code of
Federal Regulations, so long as the operation employs--
``(A) ADS-B In-based detect and avoid capabilities;
``(B) air traffic control communication and coordination;
and
``(C) aeronautical information management systems to notify
other aircraft operators of such operations.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to give an unmanned aircraft operating
pursuant to this section the right of way over a manned
aircraft.'';
(4) in subsection (d) by striking ``2023'' and inserting
``2033''; and
(5) by adding at the end the following:
``(e) Limitation.--In making determinations under this
section, the Administrator may not consider unmanned aircraft
systems to the extent that such systems may meet the
requirements of established regulations applicable to the
proposed operation of a system.
``(f) Exemption.--The Administrator may exercise the
authorities described in this section without requiring a
rulemaking or imposing the requirements of part 11 of title
14, Code of Federal Regulations, to the extent consistent
with aviation safety.''.
SEC. 606. RECREATIONAL OPERATIONS OF DRONE SYSTEMS.
(a) Specified Exception for Limited Recreational Operations
of Unmanned Aircraft.--Section 44809 of title 49, United
States Code, is amended--
(1) in subsection (a) by striking paragraph (6) and
inserting the following:
``(6) Except for circumstances when the Administrator
establishes alternative altitude ceilings or as otherwise
authorized in section (c), in Class G airspace, the aircraft
is flown from the surface to not more than 400 feet above
ground level and complies with all airspace and flight
restrictions and prohibitions established under this
subtitle, such as special use airspace designations and
temporary flight restrictions.'';
(2) by striking subsection (c) and inserting the following:
``(c) Operations at Fixed Sites.--
``(1) In general.--The Administrator shall establish a
process to approve, and publicly disseminate the location of,
fixed sites at which a person may carry out recreational
unmanned aircraft system operations.
``(2) Operating procedures.--
``(A) Controlled airspace.--Persons operating unmanned
aircraft under paragraph (1) from a fixed site within Class
B, Class C, or Class D airspace or within the lateral
boundaries of the surface area of Class E airspace designated
for an airport, or a community-based organization sponsoring
operations within such airspace, shall make the location of
the fixed site known to the Administrator and shall establish
a mutually agreed upon operating procedure with the air
traffic control facility.
``(B) Altitude.--The Administrator, in coordination with
community-based organizations sponsoring operations at fixed
sites, shall develop a process to approve requests for
recreational unmanned aircraft systems operations at fixed
sites that exceed the maximum altitude contained in a UAS
Facility Map.
``(C) Class g airspace.--Subject to compliance with all
airspace and flight restrictions and prohibitions established
under this subtitle, such as special use airspace
designations and
[[Page H3773]]
temporary flight restrictions, persons operating drones under
paragraph (1) from a fixed site at which the operations are
sponsored by a community-based organization may operate
within Class G airspace--
``(i) up to 400 feet above ground level, without prior
authorization from the Administrator; and
``(ii) above 400 feet above ground level, with prior
authorization from the Administrator.
``(3) Unmanned aircraft weighing 55 pounds or greater.--A
person may operate an unmanned aircraft weighing 55 pounds or
greater, including the weight of anything attached to or
carried by the aircraft, under paragraph (1) if--
``(A) the unmanned aircraft complies with standards and
limitations developed by a community-based organization and
approved by the Administrator; and
``(B) the aircraft is operated from a fixed site as
described in paragraph (1).
``(4) FAA-recognized identification areas.--In implementing
subpart C of part 89 of title 14, Code of Federal
Regulations, the Administrator shall prioritize the review
and adjudication of requests to establish FAA Recognized
Identification Areas at fixed sites established under this
section.'';
(3) in subsection (d) by striking the subsection heading
and all that follows through ``(3) Savings clause.--'' and
inserting ``(d) Savings clause.--'';
(4) in subsection (d) by striking ``subsection (a) of'';
(5) in subsection (f)(1) by striking ``updates to'';
(6) by striking subsection (g)(1) and inserting the
following:
``(1) In general.--The Administrator, in consultation with
manufacturers of unmanned aircraft systems, community-based
organizations, and other industry stakeholders, shall
develop, maintain, and update, as necessary, an aeronautical
knowledge and safety test. Such test shall be administered
electronically by the Administrator or a person designated by
the Administrator.''; and
(7) in subsection (h)--
(A) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) is recognized by the Administrator of the Federal
Aviation Administration;''.
(b) Use of Unmanned Aircraft Systems for Educational
Purposes.--Section 350 of the FAA Reauthorization Act of 2018
(49 U.S.C. 44809 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting before paragraph (3) (as so redesignated)
the following:
``(2) operated by an elementary school or secondary school
for educational or research purposes;''; and
(2) in subsection (d)--
(A) in paragraph (2) by inserting ``an elementary school,
or a secondary school,'' after ``with respect to the
operation of an unmanned aircraft system by an institution of
higher education,''; and
(B) by inserting after paragraph (2) the following:
``(3) Elementary school.--The term `elementary school' has
the meaning given to that term by section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(19)).
``(4) Secondary school.--The term `secondary school' has
the meaning given to that term by section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(45)).''.
SEC. 607. AIRPORT SAFETY AND AIRSPACE HAZARD MITIGATION AND
ENFORCEMENT.
Section 44810(h) of title 49, United States Code, is
amended by striking ``2023'' and inserting ``2028''.
SEC. 608. APPLICATIONS FOR DESIGNATION.
Section 2209 of the FAA Extension, Safety, and Security Act
of 2016 (Public Law 114-190) is further amended--
(1) in subsection (a)--
(A) by inserting ``, including temporarily,'' after
``restrict''; and
(B) by inserting ``or eligible outdoor gathering'' after
``fixed site facility'';
(2) in subsection (b)(1)(C)--
(A) in clause (iv), by striking ``Other locations that
warrant such restrictions'' and inserting ``State
correctional facilities''; and
(B) by adding at the end the following:
``(v) Eligible outdoor gatherings.''; and
(3) by adding at the end the following:
``(f) Eligible Outdoor Gathering Defined.--In this section,
the term `eligible outdoor gathering' means an event that--
``(1) is primarily outdoors;
``(2) has an estimated daily attendance of 20,000 or
greater in at least 1 of the preceding 3 years;
``(3) has defined and static geographical boundaries; and
``(4) is advertised in the public domain.
``(f) Deadlines.--
``(1) Not later than March 1, 2024, the Administrator shall
publish a notice of proposed rulemaking to carry out the
requirements of this section.
``(2) Not later than 16 months after publishing the notice
of proposed rulemaking under paragraph (1), the Administrator
shall issue a final rule.''.
SEC. 609. BEYOND VISUAL LINE OF SIGHT RULEMAKING.
(a) In General.--Not later than 4 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a notice of proposed
rulemaking establishing performance-based airworthiness
criteria and risk-based operational regulations for unmanned
aircraft systems operated beyond visual line of sight that
are intended to operate primarily at or below 400 feet above
ground level.
(b) Contents.--In carrying out subsection (a), the
Administrator shall--
(1) establish a means to accept proposed--
(A) airworthiness standards for unmanned aircraft;
(B) standards for associated elements of unmanned aircraft;
and
(C) qualification standards for remote pilots operating
unmanned aircraft beyond visual line of sight;
(2) enable the ability for unmanned aircraft to be operated
for agricultural purposes;
(3) establish a process by which the Administrator may
approve or accept third party compliance services in support
of the safe integration of unmanned aircraft systems into the
national airspace system; and
(4) establish protocols, as appropriate, for networked
information exchange, including network-based remote
identification in support of beyond visual line of sight
operations.
(c) Considerations.--In carrying out subsection (a), the
Administrator may leverage previously gathered data,
information, and efforts of the Administration to finalize
rulemaking as required under this section.
(d) Unmanned Aircraft Airworthiness Standards.--In carrying
out subsection (b)(1)(A), the Administrator shall--
(1) define the operational environments for which
airworthiness is needed to ensure aviation safety;
(2) establish an airworthiness category or categories for
unmanned aircraft to be eligible for a special airworthiness
certificate; and
(3) establish a process to approve standards, means of
compliance, and declarations of compliance.
(e) Unmanned Aircraft Associated Elements Standards.--
(1) In general.--In carrying out subsection (b)(1)(B), the
Administrator shall establish a process to accept or approve
the associated elements of an unmanned aircraft that, when
considered collectively with other associated elements and an
unmanned aircraft, meet an acceptable performance-based
safety standard.
(2) Considerations.--In establishing the process under
paragraph (1), the Administrator shall consider the ways
associated elements of an unmanned aircraft system interact
with other associated elements and unmanned aircraft.
(f) Remote Pilot Qualifications.--
(1) In general.--In carrying out subsection (b)(1)(C), the
Administrator shall establish qualifications and standards,
or a means to accept proposed qualifications and standards,
for remote pilots operating unmanned aircraft systems.
(2) Considerations.--In carrying out paragraph (1), the
Administrator shall account for the varying levels of
automation of unmanned aircraft systems.
(3) Rule of construction.--Nothing in this subsection may
be construed to allow for the establishment of type-ratings
that apply specifically and exclusively to an aircraft
manufactured by 1 manufacturer.
(g) Interim Approvals.--Before the date on which the
Administrator issues a final rule under this section, the
Administrator shall use the process described in section
44807 of title 49, United States Code, to authorize unmanned
aircraft system operations conducted beyond visual line of
sight.
(h) Final Rule.--Not later than 16 months after the date of
enactment of this Act, the Administrator shall issue a final
rule establishing the regulations required under this
section.
(i) Definitions.--In this section:
(1) Associated elements.--The term ``associated elements''
means any component of an unmanned aircraft system, not
permanently affixed to the unmanned aircraft, required for
the remote pilot to operate such aircraft safely and
efficiently in the national airspace system.
(2) Beyond visual line of sight.--The term ``beyond visual
line of sight'' means a distance at which the remote pilot in
command of an unmanned aircraft system cannot see the
unmanned aircraft with vision unaided by any device other
than corrective lenses.
(3) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have
the meaning given such terms in section 44801 of title 49,
United States Code.
SEC. 610. UAS TRAFFIC MANAGEMENT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration may enter into agreements for
purposes of--
(1) testing and refining UTM capabilities and services to
inform the development of UTM standards in subsection (b);
(2) authorizing UTM service providers that meet the
requirements described in subsection (b) to provide UTM
services to better enable advanced unmanned aircraft systems
operations, including--
(A) beyond visual line of sight operations;
(B) aircraft-to-aircraft communications; and
(C) operations in which an individual acts as remote pilot
in command of more than 1 unmanned aircraft at the same time;
and
(3) fostering the safe integration of unmanned aircraft
systems using UTM capabilities and services within the
national airspace system.
(b) Standardization.--
(1) In general.--In carrying out subsection (a), the
Administrator shall publish requirements or guidance
associated with UTM, including--
(A) the types of operations requiring, or benefitting from,
the use of UTM capabilities and services described in
subsection (a), including beyond visual line of sight
operations;
(B) areas of operation or categories of airspace requiring,
or benefitting from, the use of UTM capabilities and
services;
[[Page H3774]]
(C) performance-based technical standards for UAS
operations using UTM capabilities and services; and
(D) application program interfaces that enable UTM service
suppliers to integrate UTM capabilities and services into
other systems for use by users of the national airspace
system, including unmanned aircraft system operators.
(2) International harmonization.--In carrying out paragraph
(1), the Administrator shall seek to harmonize, to the extent
practicable and advisable, UTM standards with standards
produced by recognized industry standards organizations or
other peer civil aviation authorities.
(3) Feedback of concept of operations.--Not later than 90
days after the date of enactment of this Act, the
Administrator shall solicit feedback from stakeholders on the
most recently published UTM concept of operations of the
Administration.
(4) Finalization of concept of operations.--Not later than
1 year after the date of enactment of this Act, the
Administrator shall publish a final version of the UTM
concept of operations of the Administration.
(c) Stakeholder Partnerships.--In carrying out subsection
(a), the Administrator shall establish a means by which the
Administrator can enter into cooperative agreements,
contracts, other transaction agreements, and other
appropriate mechanisms with appropriate persons,
partnerships, and consortia to enable qualified third-parties
to design, build, develop, fund, and manage UTM.
(d) Rules of Construction.--
(1) Beyond visual line of sight operations.--Nothing in
this section shall be construed to prevent or prohibit beyond
visual line of sight operations through the use of
technologies other than UTM capabilities and services.
(2) Airspace.--Nothing in this section shall be construed
to alter the authority under section 40103 of title 49,
United States Code.
(e) Briefing.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on progress made by the Administration detailing the
implementation and requirements of this section and any
applicable timelines to completion.
(f) Definitions.--In this section:
(1) Appropriate persons.--The term ``appropriate persons''
means a Federal, State, local, Tribal, or territorial
governmental entity, or a person.
(2) UTM.--The term ``UTM'' means the manner in which the
Administration will support operations for unmanned aircraft
systems operating in low-altitude airspace.
SEC. 611. RADAR DATA PILOT PROGRAM.
(a) Sensitive Radar Data Feed Pilot Program.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration, in
coordination with the Secretary of Defense, and other heads
of relevant Federal agencies, shall establish a pilot program
to make airspace data feeds containing classified or
controlled unclassified information available to qualified
users, in conjunction with subsection (b).
(b) Authorization.--In carrying out subsection (a), the
Administrator and the heads of other relevant Federal
agencies and in coordination with the Secretary of Defense,
shall establish a process to authorize qualified entities to
receive airspace data feeds containing classified information
related to air traffic within the national airspace system
and use such information in an agreed upon manner to--
(1) provide--
(A) air traffic management services; and
(B) unmanned aircraft system traffic management services;
or
(2) to test technologies that may enable or enhance the
provision of the services described in paragraph (1).
(c) Briefing.--Not later than 90 days after establishing
the pilot program under subsection (a), and annually
thereafter, the Administrator shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the findings of the
Administrator related to the pilot program established under
this section.
(d) Sunset.--This section shall cease to be effective on
October 1, 2028.
(e) Definition of Qualified User.--In this section, the
term ``qualified user'' means an entity authorized to receive
airspace data feeds containing classified or controlled
unclassified information pursuant to subsection (b).
SEC. 612. ELECTRONIC CONSPICUITY STUDY.
(a) In General.--The Comptroller General of the United
States shall conduct a study of technologies and methods that
may be used by operators of unmanned aircraft systems to
detect and avoid manned aircraft that may lawfully operate
below 500 feet above ground level and that are--
(1) not equipped with a transponder or automatic dependent
surveillance-broadcast out equipment; or
(2) otherwise not electronically conspicuous.
(b) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with--
(1) representatives from--
(A) unmanned aircraft systems manufacturers and operators;
(B) general aviation operators;
(C) aerial applicators; and
(D) helicopter operators, including State and local
governments; and
(2) any other person the Comptroller General determines
appropriate.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
the results of such study.
SEC. 613. REMOTE IDENTIFICATION ALTERNATIVE MEANS OF
COMPLIANCE.
(a) Study.--The Administrator of the Federal Aviation
Administration shall review and evaluate the final rule
titled ``Remote Identification of Unmanned Aircraft'', issued
on January 15, 2021, to determine the feasibility and
advisability of whether unmanned aircraft manufacturers and
operators can meet the intent of such final rule through
alternative means of compliance, including through network-
based remote identification.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study under subsection (a).
SEC. 614. PART 107 WAIVER IMPROVEMENTS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall adopt a performance- and risk-based
approach in reviewing requests for certificates of waiver
under section 107.200 of title 14, Code of Federal
Regulations.
(b) Standardization of Waiver Application.--
(1) In general.--In carrying out subsection (a), the
Administrator shall improve the process established to submit
requests for certificates of waiver described in subsection
(a).
(2) Format.--In carrying out paragraph (1), the
Administrator may not require the use of open-ended
descriptive prompts that are required to be filled out by an
applicant, except to provide applicants the ability to
provide the Administration with information for an unusual or
irregular operation.
(3) Data.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall leverage data gathered from previous
requests for certificates of waivers.
(B) Considerations.--In carrying out subparagraph (A), the
Administrator shall safely use--
(i) big data analytics; and
(ii) machine learning.
(c) Consideration of Property Ownership Interest.--
(1) In general.--In determining whether to issue a
certificate of waiver under section 107.200 of title 14, Code
of Federal Regulations, the Administrator shall--
(A) consider whether the waiver applicant has control over
access to all real property on the ground within the area of
operation; and
(B) recognize and account for the safety enhancements of
such controlled access.
(2) Rule of construction.--Nothing in this subsection shall
be construed to direct the Administrator to consider the lack
of control over access to all real property on the ground
within an area of operation, or a lack of property interest
in such area of operation, as negatively affecting the safety
of the operation intended to be conducted under such
certificate of waiver.
(d) Public Availability of Waivers.--
(1) In general.--The Administrator shall publish all
certificates of waiver issued under section 107.200 of title
14, Code of Federal Regulations, on the website of the
Administration, including, with respect to each issued
certificate of waiver--
(A) the terms, conditions, and limitations; and
(B) the class of airspace and any restrictions related to
operating near airports or heliports.
(2) Publication.--In carrying out paragraph (1), the
Administrator shall ensure that published information is made
available in a manner that prevents inappropriate disclosure
of proprietary information.
(e) Precedential Use of Previously Approved Waivers.--
(1) Waiver approval precedent.--Except as provided in
paragraph (3), if the Administrator determines, using
criteria for a particular waiver, that an application for a
certificate of waiver issued under section 107.200 of title
14, Code of Federal Regulations, is substantially similar (or
is comprised of elements that are substantially similar) to
an application for a certificate of waiver that the
Administrator has previously approved, the Administrator may
streamline, as appropriate, the approval of applications with
substantially similar conditions and limitations as a
previously approved application.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to preclude an applicant for a certificate of
waiver from applying to modify a condition, or remove a
limitation of, such certificate.
(f) Modification of Waivers.--
(1) In general.--The Administrator shall establish an
expedited review process for a request to modify or renew
certificates of waiver previously issued under section
107.200 of title 14, Code of Federal Regulations, as
appropriate.
(2) Use of review process.--The review process established
under paragraph (1) shall be used to review certificates of
waiver that cover operations that are substantially similar
in all material facts to operations covered under a
subsequently issued certificate of waiver.
SEC. 615. ACCEPTABLE LEVELS OF RISK AND RISK ASSESSMENT
METHODOLOGY.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish acceptable levels of
risk, and develop a risk assessment methodology associated
with such levels of risk, to enable unmanned aircraft system
operations conducted--
(1) under waivers issued to part 107 of title 14, Code of
Federal Regulations;
[[Page H3775]]
(2) pursuant to section 44807 of title 49, United States
Code; or
(3) pursuant to future regulations promulgated by the
Administrator, as appropriate.
(b) Acceptable Levels of Risk.--In carrying out subsection
(a), the Administrator shall establish acceptable levels of
risk for unmanned aircraft system operations in the national
airspace system and a method for assessing the operational
risk of a proposed operation in accordance with such
acceptable level.
(c) Risk Assessment Methodology.--In carrying out
subsections (a) and (b), the Administrator shall develop a
risk assessment methodology to allow remote pilots in command
operating unmanned aircraft systems pursuant to subsection
(a) to determine the risk associated with a specific
operation, and mitigate such a risk, as necessary.
(d) Risk Assessment Methodology Considerations.--In
establishing the risk assessment methodology described under
this section, the Administrator shall consider--
(1) the time of day of the operation;
(2) the population density of the area of operation;
(3) the class of airspace and such requirements necessary
for airspace users to legally operate in each class of
airspace;
(4) the proximity to infrastructure, to the extent that
proximity mitigates risk to other operators of the national
airspace system;
(5) the nature of the detect and avoid mitigation measures
of an unmanned aircraft system; and
(6) the attributes and characteristics of the unmanned
aircraft of the unmanned aircraft system, including the--
(A) size;
(B) visibility;
(C) maximum takeoff weight;
(D) maximum indicated airspeed; and
(E) payload.
(e) Publication.--The Administrator shall make the risk
assessment methodology established under this section
available to the public on an appropriate website of the
Administration.
(f) Definitions of Unmanned Aircraft and Unmanned Aircraft
System.--In this section, the terms ``unmanned aircraft'' and
``unmanned aircraft system'' have the meanings given such
terms in section 44801 of title 49, United States Code.
SEC. 616. ENVIRONMENTAL REVIEW.
(a) Guidance Updates.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall publish unmanned
aircraft system-specific guidance and implementation
procedures. Such guidance and implementation procedures
shall--
(1) provide guidance to streamline environmental
assessments at a programmatic level, as the Administrator
considers appropriate, for an unmanned aircraft system
operator's network of operations within a defined
geographical region, including within and over approved
commercial or industrial sites closed or restricted to the
public;
(2) provide guidance for nationwide programmatic approaches
for large scale distributed unmanned aircraft system
operations whereby a Programmatic Environmental Assessment or
Environmental Impact Statement can be leveraged for
subsequent related actions to ensure efficient environmental
review;
(3) consider additional Categorical Exclusions based on
previously prepared and finalized Environmental Assessments
or in consultation with the Council on Environmental Quality;
(4) prioritize proposed projects or activities that may--
(A) offset or limit the impacts of non-zero emission
activities;
(B) offset or limit the release of environmental pollutants
to soil or water; or
(C) demonstrate other factors to the benefit of the
environment as determined by the Administrator;
(5) contain intra-agency process improvements to avoid
providing conflicting safety and environmental feedback to
operators;
(6) contain standards and criteria for engaging specialized
third parties to support the Administration's preparation and
review of documentation relating to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) to ensure streamlined timelines for complex reviews;
and
(7) any other modifications the Administrator considers
necessary within the stated environmental objectives of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and the Federal priority to maintain global leadership
in aviation innovation.
(b) Briefing.--No later than 90 days after the date of
enactment of this Act, the Administrator shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the plan of the
Administration to implement subsection (b), including each of
the considerations specified in the subsection, and an
explanation for any consideration the Administrator does not
intend to implement.
(c) Concurrent Reviews.--If the Administrator determines
that the review of an unmanned aircraft system's design,
construction, maintenance and operational sustainability,
airworthiness approval, or operational approval requires
environmental assessment, including requirements under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Administrator shall, to the maximum extent
practicable, conduct such reviews and analyses concurrent
with one another.
(d) Rule of Construction.--Nothing in this section shall be
construed as prohibiting, restricting or otherwise limiting
the authority of the Secretary of Transportation or the
Administrator from implementing or complying with the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and any related requirements to
ensure the protection of the environment and aviation safety.
(e) Associated UAS Certification Standards.--
(1) Option to suspend noise certification requirement
pending standards development.--Notwithstanding the
requirements of section 44715 of title 49, United States
Code, the Administrator may waive the determination of
compliance with part 36 of title 14, Code of Federal
Regulations, for an applicant seeking an unmanned aircraft
system type and airworthiness certification, provided the
Administrator has developed appropriate noise measurement
procedures for such systems and the Administrator has
received the noise measurements results based on such
procedures from the applicant.
(2) Development of criteria.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
develop and establish substantive criteria and standards
metrics used by the Administrator to determine whether to
approve or disapprove the airworthiness of an unmanned
aircraft pursuant to part 36 of title 14, Code of Federal
Regulations.
(3) Substantive criteria and standards metrics.--In
establishing the substantive criteria and standards metrics
as required under paragraph (2), the Administrator shall
include such criteria and metrics related to the
airworthiness of unmanned aircraft for the following:
(A) Noise impacts.
(B) Visual impacts.
(4) Publication.--The Administrator shall publish in the
Federal Register and post on a website of the Federal
Aviation Administration the criteria and metrics established
pursuant to paragraph (2).
(f) Definition of Unmanned Aircraft System.--In this
section, the term ``unmanned aircraft system'' has the
meaning given such term in section 44801 of title 49, United
States Code.
SEC. 617. CARRIAGE OF HAZARDOUS MATERIALS.
(a) Near-term Approvals.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall coordinate with the
Administrator of the Pipeline and Hazardous Materials Safety
Administration to revise processes in effect on the date of
enactment of this Act for the carriage of hazardous materials
by unmanned aircraft systems to provide that--
(1) special conditions, waivers, or other requirements
necessary to enable the carriage of hazardous materials shall
be incorporated into the existing regulatory and operator
certification processes of the Federal Aviation
Administration for unmanned aircraft operations in which the
aircraft--
(A) weighs less than 100 pounds; and
(B) is capable of carrying less than 10 pounds gross weight
of limited quantity cargo; and
(2) the existing special permitting process or other
existing processes carried out by the Administrator of the
Pipeline and Hazardous Materials Safety Administration shall
be initiated as early as practicable, and in conjunction with
the existing regulatory and operator certification processes
of the Federal Aviation Administration, for unmanned aircraft
operations in which the unmanned aircraft--
(A) weighs 100 pounds or more; or
(B) is capable of carrying 10 pounds or more gross weight
of limited quantity cargo.
(b) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
revise requirements, guidance, standards, or other policy
materials governing the carriage of hazardous materials to
allow for the carriage of a de minimis amount of hazardous
materials by an unmanned aircraft.
(2) Considerations.--In carrying out paragraph (1), the
Administrator shall consider--
(A) whether a hazardous material is a consumer commodity;
(B) requirements for common carriage and private carriage;
(C) whether the transportation of a de minimis volume,
weight, or amount of a hazardous material would pose an
unreasonable risk to health and safety or property;
(D) whether the volume, weight, or amount of a hazardous
material is large enough to permit the transportation of a
commercially meaningful volume, weight, or amount; and
(E) the altitude at which unmanned aircraft operations are
conducted.
(3) Implementation.--
(A) Petition.--The Secretary shall establish a process for
a person to petition to establish or revise a de minimis
amount or a hazardous material.
(B) Periodic updates.--The Secretary shall--
(i) periodically review, as necessary, de minimis amounts
of hazardous materials established under paragraph (1);
(ii) determine whether such amounts of Hazardous materials
should be revised, based on operational and safety data or
other factors; and
(iii) assess whether to establish a de minimis amount for a
hazardous material for which a de minimis volume, weight, or
amount has previously not been established.
(c) Saving Clause.--Nothing in this section shall be
construed to--
(1) limit the authority of the Secretary, the Administrator
of the Federal Aviation Administration, or the Administrator
of the Pipeline and Hazardous Materials Safety Administration
from implementing requirements under existing authorities to
ensure the safe carriage of hazardous materials by aircraft;
and
(2) confer upon the Administrator of the Federal Aviation
Administration the authorities of
[[Page H3776]]
the Administrator of the Pipeline and Hazardous Materials
Safety Administration, as described in part 175 of title 49,
Code of Federal Regulations, and chapter 51 of title 49,
United States Code.
(d) Exemption.--The authorities of the Administrator
related to the transportation, packaging, marking, or
description of hazardous materials in section 106(g)(1) of
title 49, United States Code, shall not apply to the extent
necessary to enact the requirements of this section.
(e) Definitions.--In the section:
(1) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given the term in section 44801 of
title 49, United States Code.
(2) Consumer commodity.--The term ``consumer commodity''
has the meaning given such term in section 171.8 of title 49,
Code of Federal Regulations.
SEC. 618. UNMANNED AIRCRAFT SYSTEM USE IN WILDFIRE RESPONSE.
(a) Unmanned Aircraft Systems in Wildfire Response.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with the United
States Forest Service and any other Federal entity or
contracted operator the Administrator considers appropriate,
shall develop a plan on the use of unmanned aircraft systems
by public entities in wildfire response efforts, including
wildfire detection, mitigation, and suppression.
(2) Plan contents.--The plan under subsection (a) shall
provide recommendations to--
(A) identify and designate areas of public land with high
potential for wildfires in which public entities may conduct
unmanned aircraft system beyond visual line of sight
operations as part of wildfire response efforts, including
wildfire detection, mitigation, and suppression;
(B) develop a process to facilitate the safe and efficient
operation of unmanned aircraft systems beyond the visual line
of sight in wildfire response efforts in areas designated
under paragraph (A), including the waiver process under
section 91.113 or section 107.31 of title 14, Code of Federal
Regulations, for public entities that use unmanned aircraft
systems for aerial wildfire detection, mitigation, and
suppression; and
(C) improve coordination between the relevant Federal
agencies and public entities on the use of unmanned aircraft
systems in wildfire response efforts.
(3) Plan submission.--Upon completion of the plan under
subsection (a), the Administrator of the Federal Aviation
Administration shall submit such plan to, and provide a
briefing for, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senates.
(4) Publication.--Upon submission of the plan under
subsection (a), the Administrator of the Federal Aviation
Administration shall publish such plan on a publicly
available website of the Administration.
(b) Applicability.--This section shall only apply to
unmanned aircraft systems that are--
(1) operated by, or on behalf of, a public entity;
(2) operated in airspace covered by a wildfire-related
temporary flight restriction under section 91.137 of title
14, Code of Federal Regulations; and
(3) under the operational control of, or otherwise are
being operationally coordinated by, an authorized aviation
coordinator responsible for coordinating disaster relief
aircraft within the airspace covered by such temporary flight
restriction.
(c) Interagency Coordination.--Not later than 180 days
after the date of enactment of this Act, the Administrator
shall seek to enter into the necessary agreements to provide
a liaison of the Administration to the National Interagency
Fire Center to facilitate the use of manned and unmanned
aircraft in wildfire response efforts, including wildfire
detection, mitigation, and suppression.
(d) Savings Clause.--Nothing in this Act shall be construed
to confer upon the Administrator of the Federal Aviation
Administration the authorities of the Administration of the
Federal Emergency Management Agency on wildfire response
under section 611 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5196).
(e) Definitions.--In this section:
(1) Public entity.--The term ``public entity'' means--
(A) a Federal agency;
(B) a State government;
(C) a local government;
(D) a Tribal government; and
(E) a territorial government.
(2) Public land.--The term ``public land'' has the meaning
given such term in section 205 of the Sikes Act (16 U.S.C.
670k).
(3) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
(4) Wildfire.--The term ``wildfire'' has the meaning given
that term in section 2 of the Emergency Wildfire Suppression
Act (42 U.S.C. 1856m).
SEC. 619. PILOT PROGRAM FOR UAS INSPECTIONS OF FAA
INFRASTRUCTURE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish and initiate a pilot program to supplement
appropriate inspection and oversight activities of the
department with unmanned aircraft systems for the purposes of
increasing employee safety, enhancing data collection,
increasing the accuracy of inspections, reducing costs, and
other purposes the Secretary considers to be in the broader
interests of good government.
(b) Ground-based Aviation Infrastructure.--Under the
program required in subsection (a), the Administrator of the
Federal Aviation Administration shall evaluate the use of
unmanned aircraft systems to inspect ground-based aviation
infrastructure that may require visual inspection in hard-to-
reach areas, including--
(1) navigational aids;
(2) air traffic control towers;
(3) radar facilities;
(4) communication facilities; and
(5) other air traffic control facilities.
(c) Coordination.--In carrying out the pilot program
established under subsection (a), the Secretary shall consult
with the labor union certified under section 7111 of title 5,
United States Code, to represent personnel responsible for
the inspection of the ground-based aviation infrastructure
described in subsection (b).
(d) Covered Foreign Unmanned Aircraft System.--The
Secretary may not carry out an inspection under this section
using an unmanned aircraft system manufactured by--
(1) an entity included on the Consolidated Screening list
or Entity List as designated by the Secretary of Commerce;
(2) an entity domiciled in the People's Republic of China
or the Russian Federation; or
(3) an entity, or a subsidiary or affiliate of an entity,
that is subject to influence or control by--
(A) the Government of the People's Republic of China;
(B) the Chinese Communist Party; or
(C) the Russian Federation.
(e) Briefing.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the
termination of the pilot program under this section, the
Secretary shall provide to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a briefing on the status and results of the pilot
program established under subsection (a), including--
(1) cost saving;
(2) a description of how unmanned aircraft systems were
used to supplement existing inspection, data collection, or
oversight activities of Department employees, including the
number of operations and types of activities performed;
(3) efficiency or safety improvements, if any, associated
with the use of unmanned aircraft systems to supplement
conventional inspection, data collection, or oversight
activities;
(4) the fleet of unmanned aircraft systems maintained by
the Department of Transportation for the program, or an
overview of the services used as part of the pilot program;
and
(5) recommendations for improving the use or efficacy of
unmanned aircraft systems to supplement the Department's
conventional inspection, data collection, or oversight
activities.
(f) Sunset and Incorporation Into Standard Practice.--
(1) Sunset.--The pilot program established under subsection
(a) and the reporting requirement under subsection (f) shall
terminate on the date that is 50 months after the date of
enactment of this Act.
(2) Incorporation into standard practice.--Upon termination
of the pilot program, the Secretary shall assess the results
of the pilot program under this section and determine whether
to permanently incorporate the use of unmanned aircraft
systems into the regular inspection, data collection, and
oversight activities of the Department.
(3) Report to congress.--Not later than 3 months after the
termination of the pilot program under paragraph (1), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the final results of the pilot program and
the actions taken by the Administrator pursuant to paragraph
(2).
SEC. 620. DRONE INFRASTRUCTURE INSPECTION GRANT PROGRAM.
(a) Authority.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a drone infrastructure inspection grant program to
make grants to governmental entities to facilitate the use of
eligible small unmanned aircraft systems to support more
efficient inspection, operation, construction, maintenance,
modernization, and repair of an element of critical
infrastructure to improve worker safety related to critical
infrastructure projects.
(b) Use of Grant Amounts.--A governmental entity may use a
grant provided under this section to--
(1) purchase or lease eligible small unmanned aircraft
systems;
(2) support operational capabilities of eligible small
unmanned aircraft systems by the governmental entity;
(3) contract for services performed using an eligible small
unmanned aircraft system in circumstances in which the
governmental entity does not have the resources or expertise
to safely carry out or assist in carrying out the activities
described under subsection (a); and
(4) support the program management capability of the
governmental entity to use an eligible small unmanned
aircraft system.
(c) Eligibility.--To be eligible to receive a grant under
this section, a governmental entity shall submit an
application to the Secretary at such time, in such form, and
containing such information as the Secretary may require,
including an assurance that the governmental entity or any
contractor of the governmental entity, will comply with
relevant Federal regulations.
(d) Selection of Applicants.--In awarding a grant under
this section, the Secretary shall prioritize applications
that propose to--
(1) carry out a critical infrastructure project in a
variety of communities, including urban, suburban, rural,
tribal, or any other type of community; and
[[Page H3777]]
(2) address a safety risk in the inspection, operation,
construction, maintenance, or repair of an element of
critical infrastructure.
(e) Limitation.--Nothing in this section shall be construed
as to interfere with an agreement between a governmental
entity and a labor union, including requirements under
section 5333(b) of title 49, United States Code.
(f) Report to Congress.--Not later than 1 year after the
first grant is provided under this section, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that evaluates the program carried out under
this section, including--
(1) a description of the number of grants awarded;
(2) the amount of each grant;
(3) the activities funded under this section; and
(4) the effectiveness of such funded activities in meeting
the objectives described in subsection (a).
(g) Funding.--
(1) Federal share.--
(A) In general.--Except as provided in subparagraph (B),
the Federal share of the cost of a project carried out using
a grant under this section shall not exceed 50 percent of the
total project cost.
(B) Waiver.--The Secretary may increase the Federal share
requirement under subparagraph (A) to up to 75 percent for a
project carried out using a grant under this section by a
governmental entity if such entity--
(i) submits a written application to the Secretary
requesting an increase in the Federal share; and
(ii) demonstrates that the additional assistance is
necessary to facilitate the acceptance and full use of a
grant under this section, such as alleviating economic
hardship, meeting additional workforce needs, or such other
uses that the Secretary determines to be appropriate.
(2) Authorization of appropriations.--Out of amounts
authorized to be appropriated under section 106(k) of title
49, United States Code, the Secretary shall make available to
carry out this section--
(A) $2,000,000 for fiscal year 2024;
(B) $12,000,000 for fiscal year 2025;
(C) $12,000,000 for fiscal year 2026;
(D) $12,000,000 for fiscal year 2027; and
(E) $12,000,000 for fiscal year 2028.
(h) Definitions.--In this section:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity--
(A) included on the Consolidated Screening List or Entity
List as designated by the Secretary of Commerce;
(B) domiciled in the People's Republic of China or the
Russian Federation;
(C) subject to influence or control by the government of
the People's Republic of China or by the Russian Federation;
or
(D) is a subsidiary or affiliate of an entity described in
subparagraphs (A) through (C).
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in
subsection (e) of the Critical Infrastructures Protection Act
of 2001 (42 U.S.C. 5195c(e)).
(3) Element of critical infrastructure.--The term ``element
of critical infrastructure'' means a critical infrastructure
facility or asset, including public bridges, tunnels, roads,
highways, dams, electric grid, water infrastructure,
communication systems, pipelines, or other related facilities
or assets, as determined by the Secretary.
(4) Eligible small unmanned aircraft system.--The term
``eligible small unmanned aircraft system'' means a small
unmanned aircraft system manufactured or assembled by a
company that is domiciled in the United States and is not a
covered foreign entity.
(5) Eligible small unmanned aircraft system technology.--
The term ``eligible small unmanned aircraft system
technology'' means--
(A) an eligible small unmanned aircraft system; or
(B) a major component of such a system that is not
manufactured by or procured from a covered foreign entity.
(6) Governmental entity.--The term ``governmental entity''
means--
(A) a State, the District of Columbia, the Commonwealth of
Puerto Rico, a territory of the United States, or a political
subdivision thereof;
(B) a unit of local government;
(C) a Tribal Government;
(D) a metropolitan planning organization; or
(E) a consortia of more than 1 of the entities described in
subparagraphs (A) through (D).
(7) Project.--The term ``project'' means a project for the
inspection, operation, maintenance, repair, modernization, or
construction of an element of critical infrastructure,
including mitigating environmental hazards to such
infrastructure.
(8) Small unmanned aircraft; unmanned aircraft system.--The
terms ``small unmanned aircraft'' and ``unmanned aircraft
system'' have the meanings given such terms in section 44801
of title 49, United States Code.
SEC. 621. DRONE EDUCATION AND WORKFORCE TRAINING GRANT
PROGRAM.
(a) Authority.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a drone education and training grant program to
make grants to educational institutions for workforce
training for eligible small unmanned aircraft system
technology.
(b) Use of Grant Amounts.--Amounts from a grant under this
section shall be used in furtherance of activities authorized
under sections 631 and 632 of the FAA Reauthorization Act of
2018 (49 U.S.C. 40101 note).
(c) Eligibility.--To be eligible to receive a grant under
this section, an educational institution shall submit an
application to the Secretary at such time, in such form, and
containing such information as the Secretary may require.
(d) Authorization of Appropriations.--Out of amounts
authorized to be appropriated under section 106(k) of title
49, United States Code, the Secretary shall make available to
carry out this section--
(1) $2,000,000 for fiscal year 2024;
(2) $12,000,000 for fiscal year 2025;
(3) $12,000,000 for fiscal year 2026;
(4) $12,000,000 for fiscal year 2027; and
(5) $12,000,000 for fiscal year 2028.
(e) Definitions.--In this section:
(1) Covered foreign entity.--The term ``covered foreign
entity'' means an entity--
(A) included on the Consolidated Screening List or Entity
List as designated by the Secretary of Commerce;
(B) domiciled in the People's Republic of China or the
Russian Federation;
(C) subject to influence or control by the government of
the People's Republic of China or by the Russian Federation;
or
(D) is a subsidiary or affiliate of an entity described in
subparagraphs (A) through (C).
(2) Educational institution.--The term ``educational
institution'' means an institution of higher education (as
defined in section 101 of the High Education Act of 1965 (20
U.S.C. 1001)) that participates in a program authorized under
sections 631 and 632 of the FAA Reauthorization Act of 2018
(49 U.S.C. 40101 note).
(3) Eligible small unmanned aircraft system.--The term
``eligible small unmanned aircraft system'' means a small
unmanned aircraft system manufactured or assembled by a
company that is domiciled in the United States and is not a
covered foreign entity.
(4) Small unmanned aircraft; unmanned aircraft system.--The
terms ``small unmanned aircraft'' and ``unmanned aircraft
system'' have the meanings given such terms in section 44801
of title 49, United States Code.
SEC. 622. DRONE WORKFORCE TRAINING PROGRAM STUDY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study of the effectiveness of the
Collegiate Training Initiative Program for Unmanned Aircraft
Systems, established pursuant to section 632 of the FAA
Reauthorization Act 2018 (49 U.S.C. 40101 note).
(b) Report.--Upon completion of the study under subsection
(a), the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the findings of the study; and
(2) any recommendations to improve and expand the
Collegiate Training Initiative Program for Unmanned Aircraft
Systems.
SEC. 623. UAS INTEGRATION OFFICE.
The Executive Director of the UAS Integration Office of the
Federal Aviation Administration shall--
(1) support, and provide substantive recommendations for,
rulemaking proceedings, in coordination with other relevant
services and offices and the Assistant Administrator of
Rulemaking and Regulatory Improvement, regarding the
integration of unmanned aircraft systems into the national
airspace system;
(2) support, and make substantive recommendations to
inform, the review and adjudication of submissions under the
processes established under section 44807 of title 49, United
States Code, as amended by section 605;
(3) support, and make substantive recommendations to
inform, the development, modification, and acceptance or
approval of relevant consensus standards, means of
compliance, and declarations of compliance related to
unmanned aircraft systems;
(4) ensure the timely consideration of airworthiness and
operational determinations related to unmanned aircraft
systems by relevant offices of the Administration;
(5) consult, advise, coordinate with, and make substantive
recommendations to relevant lines of business and staff
offices of the Administration to support the activities of
the Administration and efficiently carry out the duties
described in this section;
(6) hire full-time equivalent employees, as necessary, to
build expertise within the UAS Integration Office to assess
unmanned aviation technologies and related operational risk
mitigation; and
(7) engage in any other activities determined necessary by
the Executive Director or the Administrator of the Federal
Aviation Administration, to fulfill the duties described in
this section.
SEC. 624. TERMINATION OF ADVANCED AVIATION ADVISORY
COMMITTEE.
The Secretary of Transportation may not renew the charter
of the Advanced Aviation Advisory Committee (chartered by the
Secretary on June 10, 2022).
SEC. 625. UNMANNED AND AUTONOMOUS FLIGHT ADVISORY COMMITTEE.
(a) In General.--Not later than 1 year after the
termination of the Advanced Aviation Advisory Committee
pursuant to section 624, the Administrator of the Federal
Aviation Administration shall establish an Unmanned and
Autonomous Flight Advisory Committee (in this section
referred to as the ``Advisory Committee'').
(b) Duties.--The Advisory Committee shall provide the
Administrator advice on policy- and technical-level issues
related to unmanned and autonomous aviation operations and
activities, including, at a minimum, the following:
(1) The safe integration of unmanned aircraft systems and
autonomous flight operations into the national airspace
system, including feedback on--
(A) the certification and operational standards of highly
automated aircraft, unmanned aircraft, and associated
elements of such aircraft;
[[Page H3778]]
(B) coordination of procedures for operations in controlled
airspace; and
(C) communication protocols.
(2) The use cases of unmanned aircraft systems, including
evaluating and assessing the potential benefits of using
unmanned aircraft systems.
(3) The development of processes and methodologies to
address safety concerns related to the operation of unmanned
aircraft systems, including risk assessments and mitigation
strategies.
(4) Unmanned aircraft system training, education, and
workforce development programs, including evaluating
aeronautical knowledge gaps in the unmanned aircraft system
workforce, assessing the workforce needs of unmanned aircraft
system operations, and establishing a strong pipeline to
ensure a robust unmanned aircraft system workforce.
(5) The analysis of unmanned aircraft system data and
trends.
(6) Unmanned aircraft system infrastructure, including the
use of existing aviation infrastructure and the development
of necessary infrastructure.
(c) Membership.--
(1) In general.--The Advisory Committee shall be composed
of not more than 12 members.
(2) Representatives.--The Advisory Committee shall include
at least 1 representative of each of the following:
(A) Small unmanned aircraft system commercial operators.
(B) Small unmanned aircraft system manufacturers.
(C) Manufacturers of unmanned aircraft weighing 55 pounds
or more pursuing or holding a certificate for design or
production of such unmanned aircraft.
(D) Counter-unmanned aircraft system manufacturers.
(E) Federal Aviation Administration approved unmanned
aircraft system service suppliers.
(F) Unmanned aircraft system test sites under section 44803
of title 49, United States Code.
(G) An unmanned aircraft system physical infrastructure
network provider.
(H) Community advocates.
(I) Certified labor organizations representing commercial
airline pilots, air traffic control specialists employed by
the Administration, certified aircraft maintenance
technicians, certified aircraft dispatchers, and aviation
safety inspectors.
(d) Reporting.--
(1) In general.--The Advisory Committee shall submit to the
Secretary an annual report of the activities, findings, and
recommendations of the Committee.
(2) Congressional reporting.--The Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the reports
required under paragraph (1).
(e) Definition of Unmanned Aircraft.--In this section, the
term ``unmanned aircraft'' has the meaning given such term in
section 44801 of title 49, United States Code.
SEC. 626. NEXTGEN ADVISORY COMMITTEE MEMBERSHIP EXPANSION.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
take such actions as may be necessary to expand the
membership of the NextGen Advisory Committee chartered by the
Secretary on June 15, 2022, and any subsequent chartered
committees, to include a representative from the unmanned
aircraft system industry and a representative from the
powered-lift industry.
(b) Qualifications.--The representatives required under
subsection (a) shall have the following qualifications, as
applicable:
(1) Demonstrated expertise in the design, manufacture, and
operation of unmanned aircraft systems.
(2) Demonstrated experience in the development or
implementation of unmanned aircraft systems policies and
procedures.
(3) Demonstrated commitment to advancing the safe
integration of unmanned aircraft systems into the national
airspace system.
SEC. 627. TEMPORARY FLIGHT RESTRICTION INTEGRITY.
(a) In General.--Section 40103(b) of title 49, United
States Code, is amended by adding at the end the following:
``(5)(A) In issuing a temporary flight restriction, the
Administrator shall--
``(i) ensure there is a specific and articulable safety or
security basis for the size, scope, and duration of such
restriction;
``(ii) immediately distribute a notice of the temporary
flight restriction via the Notice to Air Missions system; and
``(iii) detail in the notice required under clause (ii)--
``(I) the safety basis for the restriction; and
``(II) how a covered person may lawfully and expeditiously
operate an aircraft within the restriction.
``(B) In this paragraph, the term `covered person' means--
``(i) a public safety agency;
``(ii) a first responder;
``(iii) an accredited news representative; or
``(iv) any other person as determined appropriate by the
Administrator.''.
SEC. 628. INTERAGENCY COORDINATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the purpose of the joint Department of Defense-Federal
Aviation Administration executive committee (referred to in
this subsection as ``Executive Committee'') on conflict and
dispute resolution as described in Section 1036(b) of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417) is to resolve disputes on the
matters of policy and procedures between the Department of
Defense and the Federal Aviation Administration relating to
airspace, aircraft certifications, aircrew training, and
other issues, including the access of unmanned aerial systems
of the Department of Defense to the national airspace system;
(2) by mutual agreement of Executive Committee leadership,
operating with the best of intentions, the current scope of
activities and membership of the Executive Committee has
exceeded the original intent of, and tasking to, the
Executive Committee; and
(3) the expansion described in paragraph (2) has resulted
in an imbalance in the oversight of certain Federal entities
in matters concerning civil aviation safety and security.
(b) In General.--
(1) Charter revision.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall seek to revise the
charter of the Executive Committee to reflect the scope,
objectives, membership, and activities described in such
section 1036(b) in order to achieve the increasing, and
ultimately routine, access of unmanned aircraft systems (as
defined in section 44801 of title 49, United States Code)
into the national airspace system.
(2) Sunset.--Not earlier than 2 years after the date of
enactment of this Act, the Administrator shall seek to sunset
Executive Committee activities by joint agreement of the
Administrator and the Secretary of Defense.
SEC. 629. REVIEW OF REGULATIONS TO ENABLE UNESCORTED UAS
OPERATIONS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall, in coordination with the
Secretary of Defense, conduct a review of requirements
necessary to permit an unmanned aircraft systems (excluding
small unmanned aircraft systems) operated by a Federal agency
or an armed service to be operated in the national airspace
system, including outside of restricted airspace, without
being escorted by a manned aircraft.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the review, including findings and recommendations on
regulatory and statutory changes that can be made to enable
the operations described under subsection (a).
(c) Definitions.--The definitions under section 44801 of
title 49, United States Code, shall apply to this section.
SEC. 630. UAS OPERATIONS OVER HIGH SEAS.
(a) In General.--An unmanned aircraft system operation that
begins and ends within the United States or the territorial
waters of the United States, shall not be considered
international flight regardless of whether the unmanned
aircraft system enters international airspace.
(b) Definition of Unmanned Aircraft System.--In this
section, the term ``unmanned aircraft system'' has the
meaning given such term in section 44801 of title 49, United
States Code.
SEC. 631. BEYOND BEYOND.
(a) FAA BEYOND Program Extension.--The Administrator of the
Federal Aviation Administration shall extend the BEYOND
program of the Administration as in effect on the day before
the date of enactment of this Act (referred to in this
section as the ``Program'') and the existing agreements with
State, local, and Tribal governments entered into under the
Program until such date, as specified in subsection (b).
(b) FAA BEYOND Program Expansion.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall expand the
Program to additional locations and test the use of new and
emerging aviation concepts and technologies, including
concepts and technologies unrelated to unmanned aircraft
systems, to evaluate and inform Administration policies,
rulemaking, and guidance related to the safe integration of
such concepts and technologies into the national airspace
system.
(2) Scope.--In expanding the Program under this subsection,
the Administrator shall address additional factors,
including--
(A) increasing automation in civil aircraft, including
unmanned aircraft systems and new or emerging aviation
technologies;
(B) operations of such systems and technologies, including
beyond visual line of sight; and
(C) the social and economic impacts of such operations.
(3) Continuation.--The Administrator shall carry out the
expanded Program required under this subsection until such
time that the Administrator determines the Program is no
longer necessary or useful.
SEC. 632. UAS INTEGRATION STRATEGY.
(a) In General.--The Administrator of the Federal Aviation
Administration shall implement the recommendations made by--
(1) the Comptroller General of the United States to the
Secretary of Transportation contained in the report titled
``Drones: FAA Should Improve Its Approach to Integrating
Drones into the National Airspace System'' issued in January
2023 (GAO-23-105189); and
(2) the inspector general of the Department of
Transportation to the Administrator contained in the audit
report titled ``FAA Made Progress Through Its UAS Integration
Pilot Program, but FAA and Industry Challenges Remain To
Achieve Full UAS Integration'' issued in April 2022 (Project
ID: AV2022027).
(b) Briefing.--Not later than 12 months after the date of
enactment of this Act, the Administrator shall provide a
briefing to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on
[[Page H3779]]
Commerce, Science, and Transportation of the Senate annually
on the status of the activities described in subsection (a).
SEC. 633. AUTHORIZATION OF APPROPRIATIONS FOR KNOW BEFORE YOU
FLY CAMPAIGN.
There is authorized to be appropriated to the Administrator
$1,000,000 for each of fiscal years 2024 through 2028, out of
funds made available under section 106(k) of title 49, United
States Code, for the Know Before You Fly educational campaign
or similar public informational efforts intended to broaden
unmanned aircraft systems safety awareness.
SEC. 634. PUBLIC AIRCRAFT DEFINITION.
Section 40125(a)(2) of title 49, United States Code, is
amended--
(1) by striking the first instance of ``or''; and
(2) by inserting ``(including data collection on civil
aviation systems undergoing research, development, test, or
evaluation at a test range (as such term is defined in
section 44801)), infrastructure inspections, or any other
activity undertaken by a governmental entity that the
Administrator determines is inherently governmental'' after
``biological or geological resource management''.
Subtitle B--Advanced Air Mobility
SEC. 651. DEFINITION.
In this subtitle, the term ``powered-lift aircraft'' has
the meaning given the term ``powered-lift'' in section 1.1 of
title 14, Code of Federal Regulations.
SEC. 652. POWERED-LIFT AIRCRAFT RULEMAKINGS.
(a) Final Rulemaking.--Not later than 13 months after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall publish a final rule
for a special Federal aviation regulation establishing
procedures for certifying powered-lift pilots and providing
operational rules for powered-lift aircraft.
(b) Future Rulemaking.--Not later than 5 years after the
date of enactment of this Act, the Administrator shall
initiate a rulemaking activity providing for a permanent
pathway for the--
(1) performance-based certification of powered-lift
aircraft;
(2) certification of powered-lift airmen; and
(3) operation of powered-lift aircraft in commercial
service and air transportation.
(c) Rulemaking Considerations.--
(1) Contents of rulemakings.--In the development of the
rulemakings required under subsections (a) and (b), the
Administrator shall--
(A) provide for any aircraft type certificated by the
Administrator--
(i) a practical pathway for pilot qualification and
operations; and
(ii) performance-based requirements for energy reserves and
other range- and endurance-related requirements that reflect
the capabilities and intended operations of the aircraft;
(B) provide for a combination of pilot training
requirements, including simulators, to ensure the safe
operation of powered-lift aircraft;
(C) grant an individual with an existing commercial
airplane (single- or multi-engine) or helicopter pilot
certificate the authority to serve as pilot-in-command of a
powered-lift aircraft in commercial operation following the
completion of a Federal Aviation Administration-approved
pilot type rating for such type of aircraft;
(D) to the maximum extent practicable, align powered-lift
pilot qualifications with section 2.1.1.4 of the
International Civil Aviation Organization's Annex 1; and
(E) consider the adoption of the recommendations contained
in document 10103 of the International Civil Aviation
Organization for powered-lift operations, as appropriate.
(2) Considerations for future rulemakings.--In the
development of the rulemakings required under subsection (b),
the Administrator shall--
(A) consider and plan for unmanned and remotely piloted
powered-lift aircraft systems, and the associated elements of
such aircraft, through the promulgation of performance-based
regulations;
(B) consider and plan for alternative fuel types and
propulsion methods, including reviewing the performance-based
nature of parts 33 and 35 of title 14, Code of Federal
Regulations; and
(C) work to harmonize the certification and operational
requirements of the Federal Aviation Administration with the
certification and operational requirements of civil aviation
authorities with bilateral safety agreements in place with
the United States, to the extent harmonization does not
negatively impact domestic manufacturers and operators.
(d) Interim Application of Rules and Privileges in Lieu of
Rulemaking.--Beginning 21 months after the date of enactment
of this Act, if a final rule has not been published pursuant
to subsection (a)--
(1) rules in effect on such date that apply to the
operation and the operator of rotorcraft or fixed-wing
aircraft under subchapters F, G, H, and I of chapter 1 of
title 14, Code of Federal Regulations, shall be--
(A) deemed to apply to--
(i) the operation of a powered-lift aircraft in the
national airspace system; and
(ii) the operator of such a powered-lift aircraft; and
(B) applicable as determined by the operator of an
airworthy powered-lift aircraft in consultation with the
Administrator and consistent with sections 91.3 and 91.13 of
title 14, Code of Federal Regulations; and
(2) upon the completion of a type rating for a specific
powered-lift aircraft, airmen that hold a pilot or instructor
certification with airplane category ratings in any class or
rotorcraft category ratings in the helicopter class shall be
deemed to have privileges of a powered-lift rating for that
aircraft.
(e) Termination of Interim Rules and Privileges.--
Subsection (d) shall cease to have effect 1 month after the
effective date of a final rule issued pursuant to subsection
(a).
SEC. 653. POWERED-LIFT AIRCRAFT ENTRY INTO SERVICE.
(a) In General.--The Administrator of the Federal Aviation
Administration shall, in consultation with exclusive
bargaining representatives of air traffic controllers
certified under section 7111 of title 5, United States Code,
take such actions as may be necessary to safely integrate
powered-lift aircraft into the national airspace system,
including in controlled airspace, and learn from any efforts
to adopt and update related policy and guidance.
(b) Air Traffic Policies for Entry Into Service.--Not later
than 24 months after the date of enactment of this Act, the
Administrator shall update air traffic orders and policies,
to the extent necessary, and address air traffic control
system challenges in order to allow for--
(1) the use of existing air traffic procedures, where safe,
by powered-lift aircraft; and
(2) the approval of letters of agreement between air
traffic control system facilities and powered-lift operators
and infrastructure operators to minimize the amount of active
coordination required for safe recurring powered-lift
aircraft operations.
(c) Long-term Air Traffic Policies.--Based on the
implementation of subsection (b), the Administrator shall--
(1) continue to update air traffic orders and policies;
(2) to the extent necessary, develop powered-lift specific
procedures for airports, heliports, and vertiports;
(3) evaluate the human factors impacts on controllers
associated with managing powered-lift aircraft operations,
consider the impact of additional operations on air traffic
controller staffing, and make necessary changes to staffing,
procedures, regulations, and orders; and
(4) consider the use of third-party service providers to
manage increased operations in controlled airspace to support
and supplement the work of air traffic controllers.
SEC. 654. SENSE OF CONGRESS ON PREPARATION FOR ENTRY INTO
SERVICE OF POWERED-LIFT AIRCRAFT.
It is the sense of Congress that the Administrator of the
Federal Aviation Administration should work with
manufacturers, prospective operators of powered-lift
aircraft, and other stakeholders, to enable the safe entry of
such aircraft into commercial service following the
publication of the final special Federal Aviation
Administration rulemaking titled ``Integration of Powered-
Lift: Pilot Certification and Operations; Miscellaneous
Amendments Related to Rotorcraft and Airplanes'', including
by reviewing and providing feedback to such manufacturers and
operators on draft pilot training, operations, and
maintenance manuals after the publication of the draft
special Federal Aviation Administration rulemaking and prior
to the publication of a final rule, as appropriate.
SEC. 655. INFRASTRUCTURE SUPPORTING VERTICAL FLIGHT.
(a) Updates to Regulations for Consistency.--The
Administrator of the Federal Aviation Administration shall
update part 1 and part 157 of title 14, Code of Federal
Regulations, and other regulations as necessary to implement
the amendments made by section 401.
(b) Update to Heliport Design Standards.--The Administrator
shall update the version of Advisory Circular 150/5390-2,
titled ``Heliport Design'' in effect on the date of enactment
of this Act, to--
(1) increase the inclusion of performance-based guidance,
including around aircraft fuel type and propulsion method;
(2) update guidance to consider risk mitigations and
hazards associated with different aircraft fuel types and
propulsion methods;
(3) affirm the general permissibility of any vertical
takeoff and landing capable aircraft to use heliports that
can safely accommodate the physical and operating
characteristics of such aircraft; and
(4) include vertiport as a subclass of heliport.
(c) Engineering Brief on Vertiport Design.--The
Administrator may update the version of Engineering Brief
105, titled ``Vertiport Design'' in effect on the date of
enactment of this Act, prior to issuing an update to Advisory
Circular 150/5390-2, as required under subsection (b).
(d) Engineering Brief Sunset.--The Administrator shall
revoke Engineering Brief 105, titled ``Vertiport Design'', on
the earlier of--
(1) the date on which Advisory Circular 150/5390-2 is
updated under subsection (b); or
(2) 5 years after the date of enactment of this Act.
(e) Guidance, Forms, and Planning.--The Administrator
shall--
(1) ensure airport district offices of the Administration
have sufficient guidance and policy direction regarding the
Administration's heliport and vertiport design guidance not
later than 18 months after the date of enactment of this Act
and update such guidance routinely;
(2) determine if updates to Administration Form 7460 and
Form 7480 are necessary and take such actions, as
appropriate; and
(3) ensure that the methodology and underlying data sources
of the Administration's Terminal Area Forecast include
commercial operations conducted by aircraft regardless of
propulsion type or fuel type.
SEC. 656. CHARTING OF AVIATION INFRASTRUCTURE.
(a) In General.--The Administrator of the Federal Aviation
Administration shall increase efforts to update and keep
current the Airport Master Record of the Administration,
including by establishing a streamlined process by which the
owners and operators of public and private
[[Page H3780]]
aviation facilities with nontemporary, nonintermittent
operations are encouraged to keep the information on such
facilities current.
(b) Briefing.--The Administrator shall brief the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the plans of the
Administrator to update and keep current the Airport Master
Record for private and public airports, heliports, and
vertiports.
SEC. 657. ADVANCED AIR MOBILITY WORKING GROUP.
Section 2 of the Advanced Air Mobility Coordination and
Leadership Act (49 U.S.C. 40101 note) is amended--
(1) in subsection (b) by striking ``, particularly
passenger-carrying aircraft,'';
(2) in subsection (d)(1) by striking subparagraph (D) and
inserting the following:
``(D) operators of airports, heliports, and vertiports, and
fixed-base operators;'';
(3) in subsection (e)--
(A) in the matter preceding paragraph (1) by striking ``1
year'' and inserting ``18 months'';
(B) in paragraph (3) by inserting ``or that may impede
maturation'' after ``AAM industry'';
(C) in paragraph (7) by striking ``and'' at the end;
(D) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following:
``(9) processes and programs that can be leveraged to
improve the efficiency of Federal reviews required for
infrastructure development, including for electrical capacity
projects.'';
(4) in subsection (f)(1) by striking ``necessary to support
the evolution of early'' and inserting the following: ``that
would allow for--
``(A) the timely entry into service of AAM after aircraft
and operator certification; and
``(B) the evolution of early'';
(5) in subsection (g)--
(A) in the matter preceding paragraph (1) by striking
``working group'' and inserting ``Secretary of
Transportation'';
(B) in paragraph (1) by striking ``and'' at the end;
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following:
``(2) summarizing any dissenting views and opinions of a
participant of the working group described in subsection
(c)(3); and'';
(6) in subsection (i)--
(A) in paragraph (1) by striking ``that transports people
and property by air between two points in the United States
using aircraft with advanced technologies, including electric
aircraft or electric vertical take-off and landing
aircraft,'' and inserting ``comprised of urban air mobility
and regional air mobility using manned or unmanned
aircraft'';
(B) by redesignating paragraph (5) as paragraph (7);
(C) by redesignating paragraph (6) as paragraph (9);
(D) by inserting after paragraph (4) the following:
``(5) Powered-lift aircraft.--The term `powered-lift
aircraft' has the meaning given the term `powered-lift' in
section 1.1 of title 14, Code of Federal Regulations.
``(6) Regional air mobility.--The term `regional air
mobility' means the movement of people or property by air
between 2 points using an airworthy aircraft that--
``(A) has advanced technologies, such as distributed
propulsion, vertical take-off and landing, powered-lift, non-
traditional power systems, or autonomous technologies;
``(B) has a maximum takeoff weight of greater than 1,320
pounds; and
``(C) is not urban air mobility.'';
(E) by inserting after paragraph (7), as so redesignated,
the following:
``(8) Urban air mobility.--The term `urban air mobility'
means the movement of people or property by air between 2
intracity or intercity points using an airworthy aircraft
that--
``(A) advanced technologies, such as distributed
propulsion, vertical take-off and landing, powered-lift,
nontraditional power systems, or autonomous technologies; and
``(B) a maximum takeoff weight of greater than 1,320
pounds.''; and
(F) by adding at the end the following:
``(10) Vertiport.--The term `vertiport' has the meaning
given such term in section 47102 of title 49, United States
Code.'';
(7) by redesignating subsection (i) as subsection (j); and
(8) by inserting after subsection (h) the following:
``(i) Considerations for Termination of Working Group.--In
deciding whether to terminate the working group under
subsection (h), the Secretary and the Administrator of the
Federal Aviation Administration shall consider other
interagency coordination activities associated with AAM, or
other new or novel users of the national airspace system,
that could benefit from continued wider interagency
coordination.''.
SEC. 658. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM
EXTENSION.
Section 101 of division Q of the Consolidated
Appropriations Act, 2023 (49 U.S.C. 40101 note) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A) by inserting ``, as well as the use
of existing airport and heliport infrastructure that may
require modifications to safely accommodate AAM operations,''
after ``vertiport infrastructure''; and
(ii) in subparagraph (B)--
(I) in clause (iii) by striking ``vertiport'' and inserting
``locations for'';
(II) in clause (iv) by inserting ``and guidance'' after
``any standards'';
(III) in clause (v) by striking ``vertiport
infrastructure'' and inserting ``urban air mobility and
regional air mobility operations''; and
(IV) in clause (x) by inserting ``or the modification of
existing aviation infrastructure'' after ``operation of a
vertiport''; and
(B) in paragraph (6)(B)--
(i) in clause (i) by striking ``and'' at the end;
(ii) in clause (ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) a description of--
``(I) initial community engagement efforts and responses
from the public on the planning and development efforts of
eligible entities related to urban air mobility and regional
air mobility operations;
``(II) how eligible entities are planning for and
encouraging early adoption of urban air mobility and regional
air mobility operations;
``(III) what role each level of government plays in the
process; and
``(IV) whether such entities recommend specific regulatory
or guidance actions be taken by the Secretary of
Transportation or other Federal agencies in order to support
such early adoption.'';
(2) in subsection (c)(1)--
(A) by striking ``years 2023 and 2024'' and inserting
``years 2023 through 2026''; and
(B) by inserting before the period ``out of funds made
available under section 106(k) of title 49, United States
Code'';
(3) in subsection (d) by striking ``2024'' and inserting
``2026'' each place it appears; and
(4) in subsection (e)--
(A) by striking paragraph (1) and inserting the following:
``(1) Advanced air mobility; aam; regional air mobility;
urban air mobility; vertiport.--The terms `advanced air
mobility', `AAM', `regional air mobility', `urban air
mobility', and `vertiport' have the meaning given such terms
in section 2(j) of the Advanced Air Mobility Coordination and
Leadership Act (49 U.S.C. 40101 note).''; and
(B) by striking paragraphs (9) and (10).
Subtitle C--Other Provisions
SEC. 681. REPORT ON NATIONAL SPACEPORTS POLICY.
Section 580(c)(3) of the FAA Reauthorization Act of 2018
(Public Law 115-254) is amended by striking ``2024'' and
inserting ``2028''.
SEC. 682. INTERMODAL TRANSPORTATION INFRASTRUCTURE
IMPROVEMENT PILOT PROGRAM.
(a) In General.--The Secretary may establish a pilot
program to issue grants to operators of launch and reentry
sites for projects to construct, repair, maintain, or improve
transportation infrastructure and facilities at such sites.
(b) Pilot Program Qualifications.--The Secretary may enter
into agreements under this section to issue a grant to an
operator only if the operator--
(1) has submitted an application to the Secretary in such
form, at such time, and containing such information as
prescribed by the Secretary;
(2) demonstrates to the Secretary's satisfaction that the
project for which the application has been submitted is for
an eligible purpose under subsection (c); and
(3) agrees to maintain such records relating to the grant
as the Secretary may require and to make such records
available to the Secretary or the Comptroller General of the
United States upon request.
(c) Permitted Use of Pilot Program Grants.--An operator may
use a grant provided under this subsection for a project to
construct, repair, maintain, or improve infrastructure and
facilities that--
(1) are located at, or adjacent to, a launch or reentry
site; and
(2) directly enable or support transportation safety or
covered transportation activities.
(d) Pilot Program Grants.--
(1) Grant formula.--At the beginning of each fiscal year
after fiscal year 2024, the Secretary shall issue a grant to
an operator that qualifies for the pilot program under
subsection (b) an amount equal to the sum of--
(A) $250,000 for each licensed launch or reentry operation
conducted from the applicable launch or reentry site or at
any adjacent Federal launch range in the previous fiscal
year; and
(B) $100,000 for each launch or reentry operation conducted
under a permit from the applicable launch or reentry site or
at any adjacent Federal launch range in the previous fiscal
year.
(2) Maximum grant.--Except as provided in subsection
(e)(5), a grant issued to an operator under this subsection
shall not exceed $2,500,000 for a fiscal year.
(3) Adjacency.--
(A) In general.--In issuing a grant to an operator under
paragraph (1), the Secretary shall determine whether a launch
or reentry site is adjacent to a Federal launch range.
(B) Limitation.--Only 1 operator may receive an amount
under paragraph (1) for each licensed or permitted launch or
reentry operation described in such subparagraph.
(C) Multiple launch or reentry sites operated by 1
operator.--If an operator holds a license to operate more
than 1 launch site or more than 1 reentry site that are
adjacent to a Federal launch range, the Secretary shall
consider such launch or reentry sites as 1 launch or reentry
site for purposes of subparagraph (A).
(e) Supplemental Grants in Support of State, Local, or
Private Matching.--
(1) In general.--The Secretary may issue a supplemental
grant to an operator, subject to the requirements of this
paragraph.
(2) Dollar-for-dollar matching.--If a qualified entity
provides an operator an amount
[[Page H3781]]
equal to or greater than the amount of a grant provided in a
fiscal year under subsection (d) (for the explicit purpose of
matching such grant), the Secretary may issue a supplemental
grant to the operator that is equal to 25 percent of such
grant in the following fiscal year.
(3) Additional non-federal matching.--If a qualified entity
provides an operator an amount equal to or greater than two
times the amount of a grant provided in a fiscal year to the
operator under subsection (d) (for the explicit purpose of
matching such grant), the Secretary may issue a supplemental
grant to the operator that is equal to 50 percent of such
grant in the following fiscal year.
(4) Supplemental grant limitations.--
(A) Match timing.--The Secretary may issue a supplemental
grant under paragraph (2) or (3) only if an amount provided
by a qualified entity is provided to the operator in the same
fiscal year as the grant issued under subsection (d).
(B) Non-duplication of matching grants.--If the Secretary
issues a supplemental grant to the operator of a launch site
under paragraph (3), the Secretary may not issue a
supplemental grant under paragraph (2) to the same operator
in the same fiscal year.
(5) Non-application of grant ceiling.--The limitation on a
grant amount under subsection (d)(2) shall not apply to
supplemental grants issued under this subsection.
(f) Funding.--
(1) Pilot program grant funds.--The grants issued under
this section shall be issued from funds made available out of
amounts available under section 106(k) of title 49, United
States Code.
(2) Maximum annual limit on pilot program.--
(A) In general.--The total amount of all grants issued
under this section shall not exceed $20,000,000 in any fiscal
year.
(B) Grant reduction.--In complying with subparagraph (A),
the Secretary--
(i) may proportionally reduce the amount of, or decline to
issue, a supplemental grant under subsection (e); and
(ii) if the reduction under clause (i) is insufficient,
shall proportionally reduce grants issued under subsection
(d).
(g) Definitions.--In this section:
(1) Covered transportation activity.--The term ``covered
transportation activity'' means the movement of people or
property to, from, or within a launch site and the necessary
or incidental activities associated with such movement
through the use of--
(A) a vehicle (as defined in section 4 of title 1, United
States Code);
(B) a vessel (as defined in section 3 of title 1, United
States Code);
(C) a railroad (as defined in section 20102 of title 49,
United States Code);
(D) an aircraft (as defined in section 40102 of title 49,
United States Code); or
(E) a pipeline facility (as defined in section 60101 of
title 49, United States Code).
(2) Launch; launch site; launch vehicle; reentry site;
reentry vehicle.--The terms ``launch'', ``launch site'',
``launch vehicle'', ``reentry site'', and ``reentry vehicle''
have the meanings given those terms in section 50902 of title
51, United States Code.
(3) Operator.--The term ``operator'' means a person
licensed by the Secretary to operate a launch or reentry
site.
(4) Qualified entity.--The term ``qualified entity'' means
a State, local, territorial, or Tribal government or private
sector entity, or any combination thereof.
(h) Pilot Program Sunset.--This section shall cease to be
effective on October 1, 2028.
SEC. 683. AIRSPACE ACCESS FOR HIGH-SPEED AIRCRAFT.
(a) High-speed Aircraft Testing.--Not later than 2 years
after the date of enactment of this Act, the Administrator of
the Federal Aviation Administration, in coordination with any
other Federal agency the Administrator determines
appropriate, shall ensure that there is a process in which
manufacturers and operators of high-speed aircraft can engage
in flight testing of such high-speed aircraft, which may
include the establishment of high speed testing corridors in
the national airspace system.
(b) Study on High-speed Aircraft Operations.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall, after consultation with aircraft
manufacturers, institutions of higher learning, the
Administrator of the National Aeronautics and Space
Administration, the Secretary of Defense, and any other
agencies the Administrator determines appropriate, conduct a
study to assess actions necessary to facilitate the safe
operation and integration of high-speed aircraft into the
national airspace system.
(2) Contents.--In carrying out the study under paragraph
(1), the Administrator shall--
(A) assess various altitudes and operating conditions of
high-speed aircraft in Class E airspace above the upper
boundary of Class A airspace and the resulting aircraft noise
levels at the surface;
(B) include the development of a framework and timeline to
establish the appropriate regulatory requirements to
conducting high-speed aircraft flights;
(C) identify the data required to develop certification,
flight standards, and air traffic requirements for the
deployment and integration of high-speed aircraft;
(D) assess cross-agency equities related to high-speed
aircraft technologies and flight; and
(E) survey global high-speed aircraft-related regulatory
and testing developments or activities.
(3) Recommendations.--As part of the study under paragraph
(1), the Administrator shall issue recommendations to update,
if feasible, regulations for certification, flight standards
and air traffic management.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study conducted under subsection (a), including the
recommendations under subsection (b)(3), to facilitate the
safe operation and integration of high-speed aircraft in the
national airspace system.
(d) Study and Rulemaking on High Altitude Class E Airspace
Flight Operations.--
(1) Consultation.--Not later than 12 months after the date
of enactment of this Act, the Administrator, in consultation
with the Administrator of the National Aeronautics and Space
Administration and relevant stakeholders, including industry
and academia, shall identify the minimum altitude above the
upper boundary of Class A airspace at or above which flights
operating with speeds above Mach 1 generate sonic booms that
are inaudible at the surface under prevailing atmospheric
conditions.
(2) Rulemaking.--Not later than 2 years after the date on
which the Administrator identifies the minimum altitude
described in paragraph (1), the Administrator shall publish
in the Federal Register a notice of proposed rulemaking to
amend sections 91.817 and 91.818 of title 14, Code of Federal
Regulations, and such other regulations as appropriate, to
permit flight operations with speeds above Mach 1 at or above
the minimum altitude identified under paragraph (1) without
specific authorizations, provided that such flight
operations--
(A) show compliance with airworthiness requirements;
(B) do not cause a measurable sonic boom over pressure to
reach the surface; and
(C) have ordinary instrument flight rules clearances
necessary to operate in controlled airspace.
(e) Definition.--In this section, the term ``high-speed
aircraft'' means an aircraft operating at speeds in excess of
Mach 1, which shall include supersonic and hypersonic
aircraft.
SEC. 684. ICAO ACTIVITIES ON NEW TECHNOLOGIES.
(a) In General.--The Administrator of the Federal Aviation
Administration shall prioritize engagement with the
International Civil Aviation Organization and contribute to
or lead the development of international standards and
recommended practices to improve aviation safety and support
the entry-into-service of new forms of aviation.
(b) Particular Activities.--In carrying out subsection (a),
the Administrator shall contribute to or lead International
Civil Aviation Organization efforts with respect to the
development of landing and take-off noise standards for
supersonic aircraft.
SEC. 685. AIP ELIGIBILITY FOR CERTAIN SPACEPORT
INFRASTRUCTURE.
(a) In General.--Notwithstanding any other provision of
law, the Secretary of Transportation may make a grant under
subchapter I of chapter 471 of title 49, United States Code,
to an airport sponsor to reconstruct, repave, or rehabilitate
the full length and width of a runway existing on the date of
enactment of this Act if--
(1) the runway is at an airport that is also a launch site
or reentry site operated by a person certified under section
50905 of title 51, United States Code;
(2) the runway is greater than 12,000 feet long and not
less than 200 feet wide; and
(3) the airport sponsor certifies to the Secretary that the
full length and width of the runway is required to support
activities at the launch site.
(b) Sunset.--This section shall cease to be effective on
September 30, 2028.
SEC. 686. COMMERCIAL SPACE LAUNCH AND REENTRY STATISTICS.
Section 329(b) of title 49, United States Code, is
amended--
(1) in paragraph (2) by striking ``aeronautical'' and
inserting ``aerospace'';
(2) in paragraph (3) by striking ``civil aeronautics'' and
inserting ``civil aerospace'';
(3) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(4) by inserting after paragraph (1) the following:
``(2) collect and disseminate information on commercial
space launch and reentry operations (other than that
collected and disseminated by the National Transportation
Safety Board under chapter 11) including, at a minimum,
information on the number of launches or reentries licensed
by the Secretary, the number of space flight participants,
the number of payloads, and the mass of payloads, organized
by class of orbit;''.
SEC. 687. REPORT ON CERTAIN INFRASTRUCTURE NEEDS.
Not later than 120 days after the date of enactment of this
Act, the Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the infrastructure
needs at Federal Aviation Administration-licensed horizontal
and vertical launch sites located in rural communities.
SEC. 688. AIRSPACE INTEGRATION FOR SPACE LAUNCH AND REENTRY.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) a safe and efficient national airspace system that
successfully supports existing users and integrates new
entrants is of the utmost importance;
(2) both commercial aviation and space launch and reentry
operations are vital to United States global leadership,
national security, and economic opportunity;
[[Page H3782]]
(3) aircraft hazard areas are necessary during space launch
and reentry operations to ensure public safety; and
(4) the Administrator of Federal Aviation Administration
should prioritize the development and deployment of
technologies to improve visibility of space launch and
reentry operations within Administration computer systems and
minimize operational workload to air traffic controllers
associated with routing traffic during spaceflight launch and
reentry operations.
(b) Space Launch and Reentry Airspace Integration
Technology.--There is authorized to be appropriated
$10,000,000 for each of the fiscal years 2024 through 2028,
or until such time as the Administrator determines that the
project has reached an operational status, for the
Administrator to expedite the development, acquisition, and
deployment of technologies or capabilities to aid in space
launch and reentry integration, which may include
technologies recommended by the Airspace Access Priorities
Aviation Rulemaking Committee in 2019, systems to enable the
integration of launch and reentry data directly onto air
traffic controller displays, and automated systems to enable
near real-time planning and dynamic rerouting of commercial
aircraft during and following commercial space launch and
reentry operations, with the objective of operational
readiness not later than December 31, 2026.
TITLE VII--PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A--General Provisions
SEC. 701. ADVERTISEMENTS AND SOLICITATIONS FOR PASSENGER AIR
TRANSPORTATION.
(a) Full Fare Advertising.--Section 41712 of title 49,
United States Code, is further amended by adding at the end
the following:
``(e) Full Fare Advertising.--
``(1) In general.--It shall not be an unfair or deceptive
practice under subsection (a) for a covered entity to state
in an advertisement or solicitation for passenger air
transportation the base airfare for such air transportation
if the covered entity clearly and separately discloses--
``(A) the government-imposed taxes and fees associated with
the air transportation; and
``(B) the total cost of the air transportation.
``(2) Form of disclosure.--
``(A) In general.--For purposes of paragraph (1), the
information described in paragraphs (1)(A) and (1)(B) shall
be disclosed in the advertisement or solicitation in a manner
that clearly presents the information to the consumer.
``(B) Internet advertisements and solicitations.--For
purposes of paragraph (1), with respect to an advertisement
or solicitation for passenger air transportation that appears
on a website, the information described in paragraphs (1)(A)
and (1)(B) may be disclosed through a link or pop-up, as such
terms may be defined by the Secretary, in a manner that is
easily accessible and viewable by the consumer.
``(3) Definitions.--In this subsection:
``(A) Base airfare.--The term `base airfare' means the cost
of passenger air transportation, excluding government-imposed
taxes and fees.
``(B) Covered entity.--The term `covered entity' means an
air carrier, including an indirect air carrier, foreign
carrier, ticket agent, or other person offering to sell
tickets for passenger air transportation or a tour, or tour
component, that must be purchased with air transportation.''.
(b) Limitation on Statutory Construction.--Nothing in the
amendment made by subsection (b) may be construed to affect
any obligation of a person that sells passenger air
transportation to disclose the total cost of such air
transportation, including government-imposed taxes and fees,
prior to purchase of such air transportation.
(c) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue final regulations to carry out the amendment made by
subsection (a).
(d) Statutory Construction.--Nothing in this section may be
construed to limit or otherwise affect the authority of the
Secretary to regulate the disclosure of air carrier-imposed
fees, or alter the requirements under part 399 of title 14,
Code of Federal Regulations, as such part relates to air
carrier-imposed fees.
(e) Effective Date.--This section, and the amendment made
by this section, shall take effect on the date that is 180
days after the date of enactment of this Act.
SEC. 702. MODERNIZATION OF CONSUMER COMPLAINT SUBMISSIONS.
Section 42302 of title 49, United States Code, is amended
to read as follows:
``Sec. 42302. Consumer complaints
``(a) In General.--The Secretary of Transportation shall--
``(1) maintain an accessible website through the Office of
Aviation Consumer Protection to accept the submission of
complaints from airline passengers regarding air travel
service problems; and
``(2) take appropriate actions to notify the public of such
accessible website.
``(b) Notice to Passengers on the Internet.--An air carrier
or foreign air carrier providing scheduled air transportation
using any aircraft that as originally designed has a
passenger capacity of 30 or more passenger seats shall
include on the accessible website of the carrier--
``(1) the accessible website, e-mail address, or telephone
number of the air carrier for the submission of complaints by
passengers about air travel service problems; and
``(2) the accessible website maintained pursuant to
subsection (a).
``(c) Use of Additional or Alternative Technologies.--The
Secretary shall periodically evaluate the benefits of using
mobile phone applications or other widely used technologies
to--
``(1) provide additional or alternative means for air
passengers to submit complaints; and
``(2) provide such additional or alternative means as the
Secretary determines appropriate.
``(d) Air Ambulance Providers.--Each air ambulance provider
shall include the accessible website, or a link to such
accessible website, maintained pursuant to subsection (a) and
the contact information for the Aviation Consumer Advocate
established by section 424 of the FAA Reauthorization Act of
2018 (49 U.S.C. 42302 note) on--
``(1) any invoice, bill, or other communication provided to
a passenger or customer of such provider; and
``(2) the accessible website and any related mobile device
application of such provider.''.
SEC. 703. CODIFICATION OF CONSUMER PROTECTION PROVISIONS.
(a) Passenger Rights.--Subchapter I of chapter 417 of title
49, United States Code, is amended by adding at the end the
following:
``Sec. 41727. Passenger rights
``(a) Guidelines.--The Secretary of Transportation shall
require each air carrier and foreign air carrier to submit a
summarized 1-page document that describes the rights of
passengers in air transportation, including guidelines for
the following:
``(1) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight delays of various lengths.
``(2) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight diversions.
``(3) Compensation (regarding rebooking options, refunds,
meals, and lodging) for flight cancellations.
``(4) Compensation for mishandled baggage, wheelchairs,
mobility aids and other assistive devices, including delayed,
damaged, pilfered, or lost baggage, wheelchairs, mobility
aids and other assistive devices.
``(5) Voluntary relinquishment of a ticketed seat due to
overbooking or priority of other passengers.
``(6) Involuntary denial of boarding and forced removal for
whatever reason, including for safety and security reasons.
``(b) Filing of Summarized Guidelines.--Not later than 90
days after each air carrier and foreign air carrier submits
the 1-page document to the Secretary under subsection (a),
each such air carrier and foreign air carrier shall make
available such 1-page document in a prominent location on its
website.''.
(b) Airline Passengers With Disabilities Bill of Rights.--
Subchapter I of chapter 417 of title 49, United States Code,
is further amended by adding at the end the following:
``Sec. 41728. Airline passengers with disabilities bill of
rights
``(a) Airline Passengers With Disabilities Bill of
Rights.--The Secretary of Transportation shall develop a
document, to be known as the `Airline Passengers with
Disabilities Bill of Rights', using plain language to
describe the basic protections and responsibilities of air
carriers and foreign air carriers, their employees and
contractors, and people with disabilities under section
41705.
``(b) Content.--In developing the Airline Passengers with
Disabilities Bill of Rights under subsection (a), the
Secretary shall include, at a minimum, plain language
descriptions of protections and responsibilities provided in
law related to the following:
``(1) The right of passengers with disabilities to be
treated with dignity and respect.
``(2) The right of passengers with disabilities to receive
timely assistance, if requested, from properly trained air
carrier, foreign air carrier, and contractor personnel.
``(3) The right of passengers with disabilities to travel
with wheelchairs, mobility aids, and other assistive devices,
including necessary medications and medical supplies,
including stowage of such wheelchairs, aids, and devices.
``(4) The right of passengers with disabilities to receive
seating accommodations, if requested, to accommodate a
disability
``(5) The right of passengers with disabilities to receive
announcements in an accessible format.
``(6) The right of passengers with disabilities to speak
with a complaint resolution officer or to file a complaint
with an air carrier, a foreign air carrier, or the Department
of Transportation.
``(c) Rule of Construction.--The development of the Airline
Passengers with Disabilities Bill of Rights under subsections
(a) and (b) shall not be construed as expanding or
restricting the rights available to passengers with
disabilities on the day before the date of the enactment of
the FAA Reauthorization Act of 2018 (Public Law 115-254)
pursuant to any statute or regulation.
``(d) Consultations.--In developing the Airline Passengers
with Disabilities Bill of Rights under subsection (a), the
Secretary shall consult with stakeholders, including
disability organizations and air carriers, foreign air
carriers, and their contractors.
``(e) Display.--Each air carrier and foreign air carrier
shall include the Airline Passengers with Disabilities Bill
of Rights--
``(1) on a publicly available internet website of the
carrier; and
``(2) in any pre-flight notifications or communications
provided to passengers who alert the carrier in advance of
the need for accommodations relating to a disability.
``(f) Training.--
``(1) In general.--Air carriers, foreign air carriers, and
contractors of such carriers shall submit to the Secretary
plans that ensure that employees of such carriers and their
contractors
[[Page H3783]]
receive training on the protections and responsibilities
described in the Airline Passengers with Disabilities Bill of
Rights.
``(2) Review.--The Secretary shall review such plans to
ensure the plans address the matters described in subsection
(b).''.
(c) Conforming Amendments.--The analysis for chapter 417 of
title 49, United States Code, is amended by inserting after
the item relating to section 41726 the following:
``41727. Passenger rights.
``41728. Airline passengers with disabilities bill of rights.''.
(d) Conforming Repeals.--Sections 429 and 434 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 42301 note; 41705
note) and the item relating to such sections in the table of
contents in section 1(b) of such Act are repealed.
SEC. 704. EXTENSION OF AVIATION CONSUMER PROTECTION ADVISORY
COMMITTEE.
Section 411 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 42301 note) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) ticket agents and travel management companies;''; and
(2) in subsection (h) by striking ``2023'' and inserting
``2028''; and
SEC. 705. REMOVAL OF OUTDATED REFERENCES TO PASSENGERS WITH
DISABILITIES.
(a) Sovereignty and Use of Airspace.--Section 40103(a)(2)
of title 49, United States Code, is amended by striking
``handicapped individuals'' and inserting ``individuals with
disabilities''.
(b) Special Prices for Foreign Air Transportation.--Section
41511(b)(4) of title 49, United States Code, is amended by
striking ``handicap'' and inserting ``disability''.
(c) Discrimination Against Individuals With Disabilities.--
Section 41705 of title 49, United States Code, is amended in
the heading by striking ``handicapped individuals'' and
inserting ``individuals with disabilities''.
(d) Clerical Amendment.--The analysis for chapter 417 of
title 49, United States Code, is amended by striking the item
relating to section 41705 and inserting the following:
``41705. Discrimination against individuals with disabilities.''.
SEC. 706. EXTENSION OF AVIATION CONSUMER ADVOCATE REPORTING
REQUIREMENT.
Section 424(e) of the FAA Reauthorization Act of 2018 (49
U.S.C. 42302 note) is amended by striking ``2023'' and
inserting ``2028''.
SEC. 707. AIR CARRIER ACCESS ACT ADVISORY COMMITTEE.
(a) In General.--Section 439 of the FAA Reauthorization Act
of 2018 (49 U.S.C. 41705 note) is amended--
(1) in the section heading by striking ``advisory committee
on the air travel needs of passengers with disabilities'' and
inserting ``air carrier access act advisory committee'';
(2) in subsection (c)(1) by striking subparagraph (G) and
inserting the following:
``(G) Manufacturers of wheelchairs, including powered
wheelchairs, and other mobility aids.''; and
(3) in subsection (g) by striking ``2023'' and inserting
``2028''.
(b) Conforming Amendment.--Section 1(b) of the FAA
Reauthorization Act of 2018 (Public Law 115-254) is amended
by striking the item relating to section 439 and inserting
the following:
``Sec. 439. Air Carrier Access Act advisory committee.''.
SEC. 708. PASSENGER EXPERIENCE ADVISORY COMMITTEE.
(a) In General.--The Secretary of Transportation shall
establish an advisory committee to advise the Secretary and
the Administrator of the Federal Aviation Administration in
carrying out activities relating to the improvement of the
passenger experience in air transportation customer service.
(b) Membership.--The Secretary shall appoint the members of
the advisory committee, which shall be comprised of at least
1 representative of each of--
(1) mainline air carriers;
(2) air carriers with a low-cost or ultra-low-cost business
model;
(3) regional air carriers;
(4) large hub airport sponsors and operators;
(5) medium hub airport sponsors and operators;
(6) small hub airport sponsors and operators;
(7) nonhub airport sponsors and operators;
(8) ticket agents;
(9) representatives of intermodal transportation companies
that operate at airports;
(10) airport concessionaires;
(11) nonprofit public interest groups with expertise in
consumer protection matters;
(12) senior managers of the Administration's Air Traffic
Organization;
(13) aircraft manufacturers;
(14) entities representing individuals with disabilities;
(15) certified labor organizations representing aviation
workers, including--
(A) Federal Aviation Administration employees;
(B) airline pilots working for air carriers operating under
part 121 of title 14, Code of Federal Regulations;
(C) flight attendants working for air carriers operating
under part 121 of title 14, Code of Federal Regulations; and
(D) other customer facing airline and airport workers;
(16) other organizations or industry segments as determined
by the Secretary; and
(17) other Federal agencies that directly interface with
passengers at airports.
(c) Vacancies.--A vacancy in the advisory committee under
this section shall be filled in a manner consistent with
subsection (b).
(d) Travel Expenses.--Members of the advisory committee
under this section shall serve without pay but shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with subchapter I of chapter 57 of title 5,
United States Code.
(e) Chair.--The Secretary shall designate an individual
among the individuals appointed under subsection (b) to serve
as Chair of the advisory committee.
(f) Duties.--The duties of the advisory committee shall
include--
(1) evaluating ways to improve the comprehensive passenger
experience, including--
(A) transportation between airport terminals and
facilities;
(B) baggage handling;
(C) wayfinding;
(D) the security screening process; and
(E) the communication of flight delays and cancellations;
(2) evaluating ways to improve efficiency in the national
airspace system affecting passengers;
(3) evaluating ways to improve the cooperation and
coordination between the Department of Transportation and
other Federal agencies that directly interface with aviation
passengers at airports;
(4) responding to other taskings determined by the
Secretary; and
(5) providing recommendations to the Secretary and the
Administrator, if determined necessary during the evaluations
considered in paragraphs (1) through (4).
(g) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, and every 2 years thereafter,
the Secretary shall submit to Congress a report containing--
(1) consensus recommendations made by the advisory
committee since such date of enactment or the previous
report, as appropriate; and
(2) an explanation of how the Secretary has implemented
such recommendations and, for such recommendations not
implemented, the Secretary's reason for not implementing such
recommendation.
(h) Definition.--The definitions in section 40102 of title
49, United States Code, shall apply to this section.
(i) Sunset.--This section shall cease to be effective on
October 1, 2028.
(j) Termination of DOT ACCESS Advisory Committee.--The
ACCESS Advisory Committee of the Department of Transportation
shall terminate on the date of enactment of this Act.
SEC. 709. STREAMLINING OF OFFLINE TICKET DISCLOSURES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
take such action as may be necessary to update the process by
which an air carrier or ticket agent is required to fulfill
disclosure obligations in ticketing transactions for air
transportation not completed through a website.
(b) Requirements.--The process updated under subsection (a)
shall--
(1) include means of referral to the applicable air carrier
website with respect to disclosures related to air carrier
optional fees and policies;
(2) include a means of referral to the website of the
Department of Transportation with respect to any other
required disclosures to air transportation passengers;
(3) make no changes to air carrier or ticket agent
obligations with respect to--
(A) section 41712(c) of title 49, United States Code; or
(B) subsections (a) and (b) of section 399.84 of title 14,
Code of Federal Regulations (or any successor regulations);
and
(4) require disclosures referred to in paragraphs (1) and
(2) to be made in the manner existing prior to the date of
enactment of this Act upon passenger request.
(c) Air Carrier Defined.--In this section, the term ``air
carrier'' has the meaning given such term in section 40102(a)
of title 49, United States Code.
SEC. 710. TICKET AGENT REFUND OBLIGATIONS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Transportation shall
issue a final rule to revise section 399.80 of title 14, Code
of Federal Regulations, to clarify the refund obligations of
ticket agents.
(b) Conditions.--In issuing the final rule under subsection
(a), the Secretary shall clarify that a ticket agent shall
provide a refund only when such ticket agent possesses, or
has access to, the funds of a passenger.
(c) Definitions.--In this section, the term ``ticket
agent'' has the meaning given such term in section 40102(a)
of title 49, United States Code.
SEC. 711. UPDATING PASSENGER INFORMATION REQUIREMENT
REGULATIONS.
(a) ARAC Tasking.--Not later than 3 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall task the Aviation Rulemaking
Advisory Committee with--
(1) reviewing passenger information requirement regulations
under section 121.317 of title 14, Code of Federal
Regulation, and such other related regulations as the
Administrator determines appropriate; and
(2) making recommendations to update and improve such
regulations.
(b) Final Regulation.--Not later than 6 years after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall issue a final
regulation revising section 121.317 of title 14, Code of
Federal Regulations, and such other related regulations as
the Administrator determines appropriate, to--
(1) update such section and regulations to incorporate
exemptions commonly issued by the Administrator;
[[Page H3784]]
(2) reflect civil penalty inflation adjustments; and
(3) incorporate such updates and improvements recommended
by the Aviation Rulemaking Advisory Committee that the
Administrator determines appropriate.
SEC. 712. MOBILITY AIDS ON BOARD IMPROVE LIVES AND EMPOWER
ALL.
(a) Publication of Cargo Hold Dimensions.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
require air carriers to publish on a prominent and easily
accessible place on the public website of the air carrier,
information describing the relevant dimensions and other
characteristics of the cargo holds of all aircraft types
operated by the air carrier, including the dimensions of the
cargo hold entry, that would limit the size, weight, and
allowable type of cargo available.
(2) Proprietary information.--The Secretary shall allow an
air carrier to protect the confidentiality of any trade
secret or proprietary information submitted in accordance
with paragraph (1), as appropriate.
(b) Refund Required for Individual Traveling With
Wheelchair.--In the case of a qualified individual with a
disability traveling with a wheelchair who has purchased a
ticket for a flight from an air carrier, but who cannot
travel on the aircraft for such flight because the wheelchair
of such qualified individual cannot be physically
accommodated in the cargo hold of the aircraft, the Secretary
shall require such air carrier to offer a refund to such
qualified individual of any previously paid fares, fees, and
taxes applicable to such flight.
(c) Evaluation of Data Regarding Damaged Wheelchairs.--Not
later than 12 months after the date of enactment of this Act,
and annually thereafter, the Secretary shall--
(1) evaluate data regarding the type and frequency of
incidents of the mishandling of wheelchairs on aircraft and
delineate such data by--
(A) types of wheelchairs involved in such incidents; and
(B) the ways in which wheelchairs are mishandled, including
the type of damage to wheelchairs (such as broken drive
wheels or casters, bent or broken frames, damage to
electrical connectors or wires, control input devices,
joysticks, upholstery or other components, loss, or delay of
return);
(2) determine whether there are trends with respect to the
data evaluated under paragraph (1); and
(3) make available on the public website of the Department
of Transportation, in an accessible manner, a report
containing the results of the evaluation of data and
determination made under paragraphs (1) and (2) and a
description of how the Secretary plans to address such
results.
(d) Feasibility of In-cabin Wheelchair Restraint Systems.--
(1) Roadmap.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a publicly available
strategic roadmap that describes how the Department of
Transportation and the United States Access Board,
respectively, shall, in accordance with the recommendations
from the National Academies of Science, Engineering, and
Mathematics Transportation Research Board Special Report
341--
(A) establish a program of research, in collaboration with
the Rehabilitation Engineering and Assistive Technology
Society of North America, the assistive technology industry,
air carriers, original equipment manufacturers, national
disability and disabled veterans organizations, and any other
relevant stakeholders, to test and evaluate an appropriate
selection of WC19-compliant wheelchairs and accessories in
accordance with applicable Federal Aviation Administration
crashworthiness and safety performance criteria, including
the issues and considerations set forth in such Special
Report 341; and
(B) sponsor studies that assess issues and considerations,
including those set forth in such Special Report 341, such
as--
(i) the likely demand for air travel by individuals who are
nonambulatory if such individuals could remain seated in
their personal wheelchairs in flight; and
(ii) the feasibility of implementing seating arrangements
that would accommodate passengers in wheelchairs in the main
cabin in flight.
(2) Study.--If determined to be technically feasible by the
Secretary, not later than 2 years after making such
determination, the Secretary shall commence a study to assess
the economic and financial feasibility of air carriers and
foreign air carriers implementing seating arrangements that
accommodate passengers with wheelchairs (including power
wheelchairs, manual wheelchairs, and scooters) in the main
cabin during flight. Such study shall include an assessment
of--
(A) the cost of such seating arrangements, equipment, and
installation;
(B) the demand for such seating arrangements;
(C) the impact of such seating arrangements on passenger
seating and safety on aircraft;
(D) the impact of such seating arrangements on the cost of
operations and airfare; and
(E) any other information determined appropriate by the
Secretary.
(3) Report.--Not later than 1 year after the date on which
the study under paragraph (2) is completed, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a publicly available report describing the results of
the study conducted under paragraph (2), together with any
recommendations the Secretary determines appropriate.
(e) Definitions.--In this section:
(1) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(2) Disability; qualified individual with a disability.--
The terms ``disability'' and ``qualified individual with a
disability'' have the meanings given such terms in section
382.3 of title 14, Code of Federal Regulations (as in effect
on date of enactment of this Act).
(3) Wheelchair.--The term ``wheelchair'' has the meaning
given such term in section 37.3 of title 49, Code of Federal
Regulations (as in effect on date of enactment of this Act),
including power wheelchairs, manual wheelchairs, and
scooters.
SEC. 713. PRIORITIZING ACCOUNTABILITY AND ACCESSIBILITY FOR
AVIATION CONSUMERS.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
of Transportation shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on disability-related
aviation consumer complaints filed with the Department of
Transportation, and shall make each annual report publicly
available.
(b) Scope of Report.--In each report required under
subsection (a), the Secretary shall include, at minimum, a
description of the following:
(1) The number of disability-related aviation consumer
complaints filed with the Department of Transportation during
the calendar year preceding the year in which such report is
submitted.
(2) The nature of such complaints, such as reported issues
with--
(A) an air carrier;
(B) mishandling of passengers with a disability, including
mishandling of a wheelchair, mobility aid, or other
accessibility equipment of a passenger by an air carrier;
(C) the condition or availability of accessibility
equipment or materials operated by an air carrier;
(D) the accessibility of in-flight services, including
accessing and utilizing onboard lavatories, for passengers
with a disability;
(E) difficulties experienced by passengers with a
disability in communicating with an air carrier employee;
(F) difficulties experienced by passengers with a
disability in being moved, handled, or otherwise assisted;
(G) an air carrier changing the flight itinerary of a
passenger with a disability without the consent of such
passenger;
(H) difficulties experienced by passengers with a
disability traveling with a service animal; and
(I) any other issues the Secretary of Transportation
determines appropriate.
(3) The review process for such complaints.
(4) The average amount of days before the Department
initiated a formal review of such complaints.
(5) The average amount of days until such complaints were
resolved by the Department.
(6) The number of such complaints that resulted in
dismissal, a civil monetary penalty, or other injunctive
relief.
(7) Of the complaints that were found to violate section
41705 of title 49, United States Code--
(A) the number of such complaints for which a formal
enforcement order was issued; and
(B) the number of such complaints for which a formal
enforcement order was not issued.
(8) The number of disability-related aviation consumer
complaints filed with the Department of Transportation
involving airport staff or other matters under the
jurisdiction of the Federal Aviation Administration that were
referred to the Federal Aviation Administration.
(9) The number of disability-related aviation consumer
complaints filed with the Department of Transportation
involving Transportation Security Administration staff that
were referred to the Transportation Security Administration
or the Department of Homeland Security.
(c) Report to Congress.--The Secretary shall submit
annually to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate the report required under subsection (a).
(d) Definitions.--In this section:
(1) In general.--Except as otherwise provided, the terms
used in this section have the meanings given such terms in
section 40102 of title 49, United States Code, or section
382.3 of title 14, Code of Federal Regulations, as
applicable.
(2) Air carrier.--The term ``air carrier'' means an air
carrier conducting passenger operations under part 121 of
title 14, Code of Federal Regulations.
(3) Passenger with a disability.--The term ``passenger with
a disability'' has the meaning given the term ``qualified
individual with a disability'' in section 382.3 of title 14,
Code of Federal Regulations.
SEC. 714. AIRCRAFT ACCESSIBILITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a program to study and evaluate improvements to
transport category aircraft accessibility, including--
(1) determining whether and, if so, how personal
wheelchairs, including manual and powered wheelchairs, can be
safely secured in the passenger seating areas of an aircraft
certificated under part 25 of title 14, Code of Federal
Regulations;
[[Page H3785]]
(2) considering the safe evacuation processes for such
aircraft, including individuals who use manual and powered
wheelchairs; and
(3) determining how various types or aircraft described in
paragraph (1) can safely and efficiently be retrofit for
accessible lavatories.
(b) Report and Recommendations.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
provide to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the findings of the study and evaluation described in
subsection (a) and recommendations to address the findings of
such study and evaluation.
SEC. 715. ACCESSIBILITY OF WEBSITES, SOFTWARE APPLICATIONS,
AND KIOSKS FOR INDIVIDUALS WITH DISABILITIES.
Not later than 2 years after the date of enactment of this
Act, the Secretary of Transportation shall, in direct
consultation with the United States Architectural and
Transportation Barriers Compliance Board, prescribe
regulations setting forth minimum standards to ensure that
individuals with disabilities are able to access kiosks,
software applications, and websites in a manner that is
equally as effective as individuals without disabilities,
with a substantially equivalent ease of use. Such standards
shall be consistent with the standards set forth in the Web
Content Accessibility Guidelines 2.1 Level AA of the Web
Accessibility Initiative of the World Wide Web Consortium or
any subsequent version.
SEC. 716. REVIEW OF METHODS TO REPORT FLIGHT DELAY AND
CANCELLATION STATISTICS.
(a) In General.--No later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Federal Aviation
Administration, shall conduct a review of the means of
reporting flight delay and cancellation statistics to the
Secretary and the accuracy of such data.
(b) Coordination Requirement.--In conducting the review
required in paragraph (1), the Secretary shall coordinate and
collaborate with air carriers (as such term is defined in
section 40102 of title 49, United States Code) to assist in
conducting the review and providing recommendations on
improving the means of reporting flight delay and
cancellation statistics to the Secretary and the accuracy of
such data.
SEC. 717. REIMBURSEMENT FOR INCURRED COSTS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
direct all air carriers providing scheduled passenger
interstate or intrastate air transportation to establish
policies regarding reimbursement for lodging, transportation
between such lodging and the airport, and meal costs incurred
due to a flight cancellation or significant delay directly
attributable to the air carrier.
(b) Definition of Significantly Delayed.--In this section,
the term ``significantly delayed'' means, with respect to air
transportation, the departure or arrival at the originally
ticketed destination associated with such transportation has
changed--
(1) in the case of air transportation within the United
States, by 3 or more hours; or
(2) in the case of air transportation to or from a location
outside the United States, by 6 or more hours.
SEC. 718. AIRLINE OPERATIONAL RESILIENCY PLANS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
require a covered carrier to develop and regularly update an
operational resiliency strategy to prevent or limit the
impact of future flight disruptions on passengers.
(b) Operational Resiliency Strategy.--In each operational
resiliency strategy developed under subsection (a), a covered
carrier shall include a description of--
(1) the potential impact of severe weather and other
reasonably anticipated disruptive events on the operations of
the carrier and how the carrier seeks to prevent or limit the
impact of such events on passengers;
(2) the potential impact of severe weather events and other
reasonably anticipated disruptive events on--
(A) staffing models and the preparedness of the current
workforce of the carrier to address such conditions; and
(B) the current information and technology systems of the
carrier, including crew scheduling systems, and the
preparedness of such systems to continue operations after
such an event or disruption;
(3) the preparedness of the carrier to maintain operations
and limit or prevent the impact of other potential disruptive
events identified by the carrier;
(4) the extent to which the carrier addresses known
cybersecurity risks to prevent potential flight disruptions;
and
(5) any other issues the Secretary determines appropriate
to protect consumers and maintain the operational stability
of the airline industry.
(c) Proprietary Information.--The Secretary shall develop a
method to protect the confidentiality of any trade secret or
proprietary information submitted in an operational
resiliency strategy under subsection (b).
(d) Evaluation.--
(1) Audit.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate an audit to evaluate the effectiveness
of the operational resiliency strategies developed under this
section by covered air carriers.
(2) Report.--Not later than 1 year after completion of the
audit conducted under paragraph (1), the Comptroller General
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the findings of the audit.
(e) Covered Carrier.--In this section, the term ``covered
carrier'' has the meaning given such term in section 259.3 of
title 14, Code of Federal Regulations (or successor
regulations).
SEC. 719. FAMILY SEATING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
issue a notice of proposed rulemaking to establish a policy
directing air carriers that assign seats, or allow
individuals to select seats in advance of the date of
departure of a flight, to sit each young child adjacent to an
accompanying adult, to the greatest extent practicable, if
adjacent seat assignments are available at any time after the
ticket is issued for each young child and before the first
passenger boards the flight.
(b) Prohibition on Fees.--The notice of proposed rulemaking
described in subsection (a) shall include a provision that
prohibits an air carrier from charging a fee, or imposing an
additional cost beyond the ticket price of the additional
seat, to seat each young child adjacent to an accompanying
adult within the same class of service.
(c) Rule of Construction.--Notwithstanding the requirement
in subsection (a), nothing in this section may be construed
to allow the Secretary to impose a change in the overall
seating or boarding policy of an air carrier that has an open
or flexible seating policy in place that generally allows
adjacent family seating as described under this section.
(d) Young Child.--In this section, the term ``young child''
means an individual who has not attained 14 years of age.
SEC. 720. SEAT DIMENSIONS.
Not later than 60 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall--
(1) initiate a rulemaking activity based on the regulation
described in section 577 of the FAA Reauthorization Act of
2018 (49 U.S.C. 42301 note); and
(2) if the Administrator decides not to pursue the
rulemaking described in paragraph (1), the Administrator
shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the justification of such decision.
SEC. 721. IMPROVED TRAINING STANDARDS FOR ASSISTING
PASSENGERS WHO USE WHEELCHAIRS.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall
issue a notice of proposed rulemaking to develop requirements
for minimum training standards for airline personnel or
contractors who assist wheelchair users who must board or
deplane using an aisle chair or other boarding device.
(b) Requirements.--The training standards developed under
subsection (a) shall require, at a minimum, that airline
personnel or contractors who assist passengers who use
wheelchairs who must board or deplane using an aisle chair or
other boarding device--
(1) complete refresher training within 18 months and be
recertified on the job within 18 months by a superior in
order to remain qualified for providing aisle chair
assistance; and
(2) be able to successfully demonstrate each of following
skills in hands-on training sessions before being allowed to
board or deplane a passenger using an aisle chair or other
boarding device:
(A) How to safely use the aisle chair, or other boarding
device, including the use of all straps, brakes, and other
safety features.
(B) How to assist in the transfer of passengers to and from
their wheelchair, the aisle chair, and the aircraft's
passenger seat, either by physically lifting the passenger or
deploying a mechanical device for the lift or transfer.
(C) How to effectively communicate with, and take
instruction from, the passenger.
(c) Considerations.--In conducting the rulemaking under
subsection (a), the Secretary shall consider, at a minimum--
(1) whether to require air carriers and foreign air
carriers to partner with national disability organizations
and disabled veterans organizations representing individuals
with disabilities who use wheelchairs and scooters in
developing and reviewing training; and
(2) whether individuals able to provide boarding and
deplaning assistance for passengers with limited or no
mobility should receive training incorporating procedures
from medical professionals on how to properly lift these
passengers.
(d) Final Rule.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall issue a final rule
pursuant to the rulemaking conducted under this section.
(e) Penalties.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States
Code, to any air carrier or foreign air carrier who fails to
meet the requirements established under the final rule under
subsection (d).
SEC. 722. TRAINING STANDARDS FOR STOWAGE OF WHEELCHAIRS AND
SCOOTERS.
(a) Rulemaking.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall
issue a notice of proposed rulemaking to develop minimum
training standards related to stowage of wheelchairs and
scooters used by passengers with disabilities on aircraft.
(b) Requirements.--The training standards developed under
subsection (a) shall require, at a minimum, that personnel
and contractors of air carriers and foreign air carriers who
stow wheelchairs and scooters on aircraft--
(1) complete refresher training within 18 months and be
recertified on the job within 18
[[Page H3786]]
months by a superior in order to remain qualified for
handling and stowing wheelchairs and scooters; and
(2) be able to successfully demonstrate the each of
following skills in hands-on training sessions before being
allowed to handle or stow a wheelchair or scooter:
(A) How to properly handle and configure, at a minimum on a
common design for power and manual wheelchairs and scooters
for stowage on each aircraft type operated by the air carrier
or foreign air carrier.
(B) How to properly review any wheelchair or scooter
information provided by the passenger or the wheelchair or
scooter manufacturer.
(C) How to properly load, secure, and unload wheelchairs
and scooters, including how to use any specialized equipment
for loading or unloading, on each aircraft type operated by
the air carrier or foreign air carrier.
(c) Considerations.--In conducting the rulemaking under
subsection (a), the Secretary shall consider, at a minimum
whether to require air carriers and foreign air carriers to
partner with wheelchair or scooter manufacturers, national
disability and disabled veterans organizations representing
individuals who use wheelchairs and scooters, and aircraft
manufacturers, in developing training.
(d) Final Rule.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall issue a final rule
pursuant to the rulemaking conducted under this section.
(e) Penalties.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States
Code, to any air carrier or foreign air carrier who fails to
meet the requirements established under the final rule under
subsection (d).
SEC. 723. INVESTIGATION OF COMPLAINTS.
Section 41705(c) of title 49, United States Code, is
amended by striking paragraph (1), and inserting the
following:
``(1) In general.--The Secretary shall--
``(A) not later than 120 days after the receipt of any
complaint of a violation of this section or a regulation
prescribed under this section, investigate such complaint;
and
``(B) provide, in writing, to the individual that filed the
complaint and the air carrier or foreign air carrier alleged
to have violated this section or a regulation prescribed
under this section, the determination of the Secretary with
respect to--
``(i) whether the air carrier or foreign air carrier
violated this section or a regulation prescribed under this
section;
``(ii) the facts underlying the complaint; and
``(iii) any action the Secretary is taking in response to
the complaint.''.
SEC. 724. STANDARDS.
(a) Aircraft Access Standards.--
(1) Standards.--
(A) Advance notice of proposed rulemaking.--Not later than
1 year after the date of enactment of this Act, the Secretary
of Transportation shall issue an advanced notice of proposed
rulemaking regarding standards to ensure that the aircraft
boarding and deplaning process is accessible, in terms of
design for, transportation of, and communication with,
individuals with disabilities, including individuals who use
wheelchairs.
(B) Notice of proposed rulemaking.--Not later than 1 year
after the date on which the advanced notice of proposed
rulemaking under subparagraph (A) is completed, the Secretary
shall issue a notice of proposed rulemaking regarding
standards addressed in subparagraph (A).
(C) Final rule.--Not later than 1 year after the date on
which the notice of proposed rulemaking under subparagraph
(B) is completed, the Secretary shall issue a final rule.
(2) Covered airport, equipment, and features.--The
standards prescribed under paragraph (1)(A) shall address, at
a minimum--
(A) boarding and deplaning equipment;
(B) improved procedures to ensure the priority cabin
stowage for manual assistive devices pursuant to section
382.67 of title 14, Code of Federal Regulations; and
(C) improved cargo hold storage to prevent damage to
assistive devices.
(3) Consultation.--For purposes of the rulemaking under
this subsection, the Secretary shall consult with the Access
Board and any other relevant department or agency to
determine appropriate accessibility standards.
(b) In-flight Entertainment Rulemaking.--Not later than 1
year after the date of the enactment of this Act, the
Secretary shall issue a notice of proposed rulemaking in
accordance with the November 22, 2016, resolution of the
Department of Transportation ACCESS Committee and the
consensus recommendation set forth in the Term Sheet
Reflecting Agreement of the Access Committee Regarding In-
Flight Entertainment.
(c) Negotiated Rulemaking on In-cabin Wheelchair Restraint
Systems and Enplaning and Deplaning Standards.--
(1) Timing.--
(A) In general.--Not later than 1 year after completion of
the report required by section 712(d)(3), and if such report
finds economic and financial feasibility of air carriers and
foreign air carriers implementing seating arrangements that
accommodate individuals with disabilities using wheelchairs
(including power wheelchairs, manual wheelchairs, and
scooters) in the main cabin during flight, the Secretary
shall conduct a negotiated rulemaking on new type
certificated aircraft standards for seating arrangements that
accommodate such individuals in the main cabin during flight
or an accessible route to a minimum of 2 aircraft passenger
seats for passengers to access from personal assistive
devices of such individuals.
(B) Requirement.--The negotiated rulemaking under
subparagraph (A) shall include participation of
representatives of--
(i) air carriers;
(ii) aircraft manufacturers;
(iii) national disability organizations;
(iv) aviation safety experts; and
(v) mobility aid manufacturers.
(2) Notice of proposed rulemaking.--Not later than 1 year
after the completion of the negotiated rulemaking required
under paragraph (1), the Secretary shall issue a notice of
proposed rulemaking regarding the standards described in
paragraph (1).
(3) Final rule.--Not later than 1 year after the date on
which the notice of proposed rulemaking under paragraph (2)
is completed, the Secretary shall issue a final rule
regarding the standards described in paragraph (1).
(4) Considerations.--In the negotiated rulemaking and
rulemaking required under this subsection, the Secretary
shall consider--
(A) a reasonable period for the design, certification, and
construction of aircraft that meet the requirements;
(B) the safety of all persons on-board the aircraft,
including necessary wheelchair standards and wheelchair
compliance with Federal Aviation Administration
crashworthiness and safety performance criteria; and
(C) the costs of design, installation, equipage, and
aircraft capacity impacts, including partial fleet equipage
and fare impacts.
(d) Visual and Tactilely Accessible Announcements.--The
Advisory Committee established under section 439(g) of the
FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) shall
examine technical solutions and the feasibility of visually
and tactilely accessible announcements on-board aircraft.
(e) Airport Facilities.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall, in direct
consultation with the Access Board, prescribe regulations
setting forth minimum standards under section 41705 of title
49, United States Code, that ensure all gates (including
counters), ticketing areas, and customer service desks
covered under such section at airports are accessible to and
usable by all individuals with disabilities, including
through the provision of visually and tactilely accessible
announcements and full and equal access to aural
communications.
(f) Definitions.--In this section:
(1) Access board.--The term ``Access board'' means the
Architectural and Transportation Barriers Compliance Board.
(2) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(3) Individual with a disability.--The term ``individual
with a disability'' has the meaning given such term in
section 382.3 of title 14, Code of Federal Regulations.
(4) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given such term in section 40102 of title 49,
United States Code.
Subtitle B--Air Traffic
SEC. 741. TRANSFERS OF AIR TRAFFIC SYSTEMS ACQUIRED WITH AIP.
Section 44502(e) of title 49, United States Code, is
amended--
(1) in paragraph (1) by inserting ``in a noncontiguous
State'' after ``An airport'';
(2) in paragraph (3)--
(A) in subparagraph (B) by striking ``or'' at the end;
(B) in subparagraph (C) by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(D) a Medium Intensity Approach Lighting System with
Runway Alignment Indicator Lights.''; and
(3) by adding at the end the following:
``(4) Exception.--The requirement under paragraph (1) that
an eligible air traffic system or equipment be purchased in
part using a Government airport aid program, airport
development aid program, or airport improvement project grant
shall not apply if the system or equipment is installed at an
airport that is categorized as a basic or local general
aviation airport under the most recently published national
plan of integrated airport systems under section 47103.''.
SEC. 742. NEXTGEN PROGRAMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and periodically thereafter as the
Administrator of the Federal Aviation Administration
determines appropriate, the Administrator shall convene
Administration officials to evaluate and expedite the
implementation of NextGen programs and capabilities.
(b) Nextgen Program Prioritization.--In allocating amounts
appropriated pursuant to section 48101(a) of title 49, United
States Code, the Secretary of Transportation shall give
priority to the following activities:
(1) Performance-based navigation.
(2) Data communications.
(3) Terminal flight data manager.
(4) Aeronautical information management.
(c) Performance-based Navigation.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall fully
implement performance-based navigation procedures for all
terminal and enroute routes, including approach and departure
procedures for covered airports.
(2) Specific procedures.--Pursuant to paragraph (1), the
Administrator shall prioritize the following performance-
based navigation procedures:
(A) Trajectory-based operations.
(B) Optimized profile descents.
(C) Multiple airport route separation.
(D) Established on required navigation performance.
(E) Converging runway display aids.
(3) Performance-based navigation baseline equipage
requirements.--In carrying out paragraph (1), the
Administrator shall issue such regulations as may be
required, and publish applicable advisory circulars, to
establish
[[Page H3787]]
the equipage baseline appropriate for aircraft to safely use
performance-based navigation procedures.
(d) Data Communications.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall fully
implement the use of data communications.
(2) Specific capabilities.--In carrying out subsection (a)
and this subsection, the Administrator shall prioritize the
following data communications capabilities:
(A) Ground-to-ground message exchange for surface aircraft
operations and runway safety at airports.
(B) Automated message generation and receipt.
(C) Message routing and transmission.
(D) Direct communications with aircraft avionics.
(E) Implementation of data communications at all Air Route
Traffic Control Centers.
(F) The Future Air Navigation System.
(e) Terminal Flight Data Manager.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Administrator shall replace the
traffic flow management system with the flow data management
system at covered airports.
(2) Electronic flight strips.--In carrying out paragraph
(1), the Administrator shall implement electronic flight
strips, at a minimum, at the air traffic control towers of
covered airports and all terminal radar approach control and
air route traffic control centers.
(f) Aeronautical Information Management Systems.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall fully
modernize the aeronautical information management systems of
the Federal Aviation Administration to improve the
functionality, useability, durability, and reliability of
such systems used in the national airspace system.
(2) Requirements.--In carrying out paragraph (1), the
Administrator shall--
(A) improve the distribution of critical safety information
to pilots, air traffic control, and other relevant aviation
stakeholders;
(B) fully develop and implement the Enterprise Information
Display System; and
(C) notwithstanding a centralized aeronautical information
management system, restructure the back-up systems of
aeronautical information management systems to be independent
and self-sufficient from one another.
(g) Effect of Failure to Meet Deadline.--
(1) Notification of congress.--If the Administrator
determines that the Administration has not or will not meet a
deadline established under subsection (a), (c), (d), or (e),
the Administrator shall, not later than 30 days after such
determination, notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate about the failure to meet the target deadlines.
(2) Contents of notification.--A notification under
paragraph (1) shall be accompanied by the following:
(A) An explanation as to why the agency will not or did not
meet the target deadlines described in such paragraph.
(B) A description of the actions the Administration plans
to take to meet the target deadlines described in such
paragraph.
(3) Briefing.--If the Administrator is required to provide
notice under paragraph (1), the Administrator shall provide
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate bimonthly, in-
person briefings as to the progress made by the
Administration regarding implementation under the respective
subsection for which the target deadline will not or was not
met until such time as the Administrator has completed the
required work under such subsection.
(h) Nextgen Advisory Committee Consultation.--
(1) In general.--The Administrator shall consult and task
the NextGen Advisory Committee with providing recommendations
on ways to expedite, prioritize, and fully implement NextGen
programs to realize the operational benefits of such
programs.
(2) Considerations.--In providing recommendations under
paragraph (1), the NextGen Advisory Committee shall
consider--
(A) air traffic throughput of the national airspace system;
(B) daily operational performance, including delays and
cancellations; and
(C) the potential need for performance-based operational
metrics related to NextGen programs.
(i) Sunset of NextGen Brand.--
(1) In general.-- Not later than 3 years after the date of
enactment of this Act, the Administrator shall terminate the
use of the term ``Next Generation Air Transportation System''
or ``NextGen'' to describe any air traffic control
modernization program of the Administration.
(2) Rule of construction.--Nothing in this subsection shall
be construed to--
(A) terminate any program of the Administration, including
a program that has previously been represented as being a
component of the Next Generation Air Transportation System or
NextGen in budgetary submission or document of the
Administration; or
(B) prohibit the Administrator from maintaining materials
that relate to or reference programs that have previously
been represented as being a component of the Next Generation
Air Transportation System or NextGen.
(j) Covered Airports Defined.--In this section, the term
``covered airports'' means the 40 airports in the United
States with the highest number of annual aircraft operations,
as of the date of enactment of this Act.
SEC. 743. AIRSPACE ACCESS.
(a) Coalescing Airspace.--
(1) Review of national airspace system.--Not later than 3
years after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration, in
coordination with the Secretary of Defense, shall conduct a
comprehensive review of the airspace of the national airspace
system, including special use airspace.
(2) Streamlining and expediting access.--In carrying out
paragraph (1), the Administrator shall identify methods to
streamline, expedite, and provide greater flexibility of
access to certain categories of airspace for users of the
national airspace system who may not regularly have access to
such airspace.
(b) Report.--
(1) In general.--Not later than 3 months after the
completion of review the under subsection (a), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report describing the findings of such review and
any recommendations and proposed actions to improve access to
airspace of the national airspace system for the users of
such system.
(2) Contents.--In the report submitted under paragraph (1),
the Administrator shall include, at a minimum, the following:
(A) An identification of current challenges and barriers
faced by airspace users in accessing certain categories of
airspace, including special use airspace.
(B) An evaluation of existing procedures, regulations, and
requirements that may impede or delay access to certain
categories of airspace for certain users of the national
airspace system.
(C) Recommendations for streamlining and expediting the
airspace access process, including potential regulatory
changes, technological advancements, and enhanced
coordination among relevant stakeholders and Federal
agencies.
(D) A proposal for implementing a flexible framework that
allows for temporary access to certain categories of
airspace, including special use airspace, by users of the
national airspace system who do not have regular access to
such airspace.
(E) An assessment of the impact airspace access
improvements may have on safety, efficiency, and economic
opportunities for airspace users, including--
(i) military operators;
(ii) commercial operators; and
(iii) general aviation operators.
(3) Implementation and follow-up.--
(A) Action plan.--Based on the findings, recommendations,
and proposals submitted in the report under this subsection,
the Administrator shall develop an action plan for
implementing any recommendations and proposals necessary to
improve airspace access.
(B) Coordination and collaboration.--In developing the
action plan under subparagraph (A), the Administrator shall
coordinate with relevant stakeholders, including airspace
users and the Secretary of Defense, to ensure--
(i) effective implementation of the action plan; and
(ii) ongoing collaboration in addressing airspace access
challenges.
(C) Progress reports.--The Administrator shall provide to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate periodic progress
reports in the form of briefings on the implementation of the
action plan developed under this paragraph, including updates
on the adoption of streamlined procedures, technological
enhancements, and any regulatory changes necessary to improve
airspace access and flexibility.
SEC. 744. AIRSPACE TRANSITION COMPLETION.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall ensure that responsibility for
the Newark, New Jersey radar sector is moved to the
Philadelphia terminal radar approach control facility.
(b) Staffing.--In carrying out subsection (a), the
Administrator may not--
(1) require the temporary or permanent movement of any
personnel from the New York terminal radar approach control
facility to the Philadelphia terminal radar approach control
facility, but may solicit such personnel to volunteer to
temporarily or permanently facilitate the move required under
subsection (a); or
(2) reduce the target staffing level of the New York
terminal radar approach control facility.
(c) Congressional Briefings.--Not later than 180 days after
the date of enactment of this Act and every 60 days
thereafter, the Administrator and the head of the collective
bargaining unit representing air traffic controllers shall
brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the status of
the move required under subsection (a) until such time as the
Newark, New Jersey radar sector is under the full
responsibility of the Philadelphia terminal radar approach
control facility.
SEC. 745. FAA CONTRACT TOWERS.
(a) Operational Readiness Inspections.--Not later than 180
days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
update applicable regulations, standards, and guidance on
operational readiness inspections related to the Federal
Aviation Administration Contract Tower program to provide
airport sponsors acting in good faith with 7 years to
complete such
[[Page H3788]]
inspections after receiving a benefit-to-cost ratio of air
traffic control services for an airport.
(b) FCT Controller Airspace Awareness.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall authorize the
use of advanced technology at Federal Aviation Administration
contract towers to enhance air traffic controller situational
awareness.
(2) Equipment standards.--In carrying out paragraph (1),
the Administrator shall establish standards and criteria
identical to such standards and criteria applicable to
Federal Aviation Administration air traffic controllers for
the use of advanced technology in air traffic control towers.
(3) Recurrency training.--In carrying out this subsection,
the Administrator, in coordination with Federal Aviation
Administration contract tower contractors, shall establish an
appropriate training program to periodically train air
traffic controllers employed by such contractors to ensure
proper integration and use of advanced technologies at
Federal Aviation Administration contract towers.
(c) Liability Insurance.--Not later than 2 years after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with industry experts
including Federal Aviation Administration contract tower
contractors and aviation insurance providers, shall--
(1) assess existing liability limits for contract tower
contractors established by the Secretary; and
(2) determine whether such limits should be updated.
SEC. 746. FAA CONTRACT TOWER WORKFORCE AUDIT.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the inspector general of the
Department of Transportation shall initiate an audit of the
workforce needs of the Federal Aviation Administration
Contract Tower Program.
(b) Contents.--In conducting the audit required under
subsection (a), the inspector general shall, at a minimum--
(1) review the assumptions and methodologies used in
assessing the source of Federal Aviation Administration
contract towers staffing to determine the adequacy of
staffing levels at such towers;
(2) determine whether there is a need to establish an air
traffic controller training program to allow Federal Aviation
Administration contract tower contractors to conduct--
(A) initial training of air traffic controllers employed by
such contractors; or
(B) on-the-job training of such controllers; and
(3) assess whether establishing pathways to allow Federal
Aviation Administration contract tower contractors to use the
air traffic technical training academy of the Federal
Aviation Administration, or other means such as higher
educational institutions, to provide initial technical
training for air traffic controllers employed by such
contractors could help address the workforce needs of the FAA
contract tower program.
(c) Report.--Not later than 90 days after the completion of
the audit under subsection (a), the inspector general shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the findings of such audit and any recommendations as a
result of such audit.
SEC. 747. AVIATION INFRASTRUCTURE SUSTAINMENT.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall develop performance metrics
with which the Administrator can assess the operation of
safety-critical communication, navigation, and surveillance
aviation infrastructure within the national airspace system.
(b) Performance Metrics Necessary to Remain in Service.--
(1) In general.--After developing the performance metrics
under subsection (a), the Administrator shall carry out an
assessment to determine which applicable aviation
infrastructure are to remain in operational service.
(2) Considerations.--In making an assessment under
paragraph (1), the Administrator shall take into
consideration the following:
(A) The expected lifespan of such aviation infrastructure.
(B) The number and type of mechanical failures of such
aviation infrastructure.
(C) The average annual costs of maintaining such aviation
infrastructure over a 5-year timespan and whether such costs
exceed the amount to replace such aviation infrastructure.
(D) The availability of replacement parts or labor capable
of maintaining such aviation infrastructure.
(E) Any other factors the Administrator determines are
necessary.
(c) Publication.--The Administrator shall make the
performance metrics established under subsection (b)
available to the public through the website of the
Administration, or other appropriate methods of publication,
and shall ensure that any information made available to the
public under this subsection is made available in a manner
that--
(1) does not provide identifying information regarding an
individual or entity;
(2) prevents inappropriate disclosure of proprietary
information; and
(3) does not disclose information that may pose a
cybersecurity risk.
SEC. 748. AIR TRAFFIC CONTROL TOWER SAFETY.
In designing, adopting a design, or constructing an air
traffic control tower based on a previously adopted design,
the Administrator of the Federal Aviation Administration
shall ensure that the safety of the national airspace system,
the safety of employees of the Administration, the
operational reliability of air traffic control towers, and
the costs of such towers are the primary consideration in
such design, adoption, or construction.
SEC. 749. AIR TRAFFIC SERVICES DATA REPORTS.
Section 45303(g)(2)(A) of title 49, United States Code, is
amended by striking ``8 years'' and inserting ``14 years''.
SEC. 750. CONSIDERATION OF SMALL HUB CONTROL TOWERS.
In selecting projects for the replacement of federally
owned air traffic control towers from funds made available
pursuant to title VIII of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) under the heading
``Federal Aviation Administration--Facilities and
Equipment'', the Administrator of the Federal Aviation
Administration shall consider selecting projects at small hub
commercial service airports with control towers that are at
least 50 years old.
SEC. 751. AIR TRAFFIC CONTROL TOWER REPLACEMENT PROCESS
REPORT.
(a) Report Required.--Not later than 120 days after the
date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall submit to Congress a
report on the process by which air traffic control tower
facilities are chosen for replacement.
(b) Contents.--The report required under subsection (a)
shall contain--
(1) the process by which air traffic control tower
facilities are chosen for replacement, including which
divisions of the Administration control or are involved in
the replacement decision making process;
(2) the criteria the Administrator uses to determine which
air traffic control tower facilities to replace, including--
(A) the relative importance of each such criteria;
(B) why the Administrator uses each such criteria; and
(C) the reasons for the relative importance of each such
criteria;
(3) what types of investigation the Administrator carries
out to determine if an air traffic control tower facility
should be replaced;
(4) a timeline of the replacement process for an individual
air traffic control tower facility replacement;
(5) the list of facilities established under subsection
(c), including the reason for selecting each such facility;
and
(6) any other information the Administrator considers
relevant.
(c) List of Replaced Air Traffic Control Tower
Facilities.--The Administrator shall establish, maintain, and
publish on the website of the Federal Aviation Administration
a list of the following:
(1) All air traffic control tower facilities replaced
within the previous 10-year period.
(2) Any such facilities in the process of being replaced.
SEC. 752. FAA CONTRACT TOWER PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a pilot program to
convert up to 3 high-activity contract towers under the
Federal Aviation Administration Contract Tower Program under
section 47124 of title 49, United States Code, to visual
flight rule towers staffed by the Administration.
(b) Priority.--In selecting facilities to participate in
the pilot program under subsection (a), the Administrator
shall give priority to towers that--
(1) had over 200,000 in annual tower operations in calendar
year 2022 or a small hub airport with more than 900,000
passenger enplanements in calendar year 2021;
(2) have controls towers that are either owned by the
Administration or are constructed to Administration
standards; and
(3) operate within a complex air space, including space
used by air carriers, for general aviation, and by military
aircraft.
(c) Controller Retention.--The Administrator shall appoint
to the position of air traffic controller all air traffic
controllers employed as a Federal contract tower operator and
assigned to the air traffic control tower pilot program as of
the date of enactment of this Act so long as such operator--
(1) meets the qualifications contained in section
44506(f)(1)(A) of title 49, United States Code; and
(2) has all other pre-employment qualifications required by
law.
Subtitle C--Small Community Air Service
SEC. 771. ESSENTIAL AIR SERVICE REFORMS.
(a) Reduction in Subsidy Cap.--Section 41731(a)(1)(C) of
title 49, United States Code, is amended to read as follows:
``(C) had an average subsidy per passenger--
``(i) of less than $1,000 during the most recent fiscal
year beginning before October 1, 2026, as determined in
subparagraph (D) by the Secretary; or
``(ii) of $500 or less during the most recent fiscal year
beginning on or after October 1, 2026; and''.
(b) Restriction on Length of Routes.--
(1) In general.--Section 41732(a)(1) of title 49, United
States Code, is amended by inserting ``less than 650 miles
from an eligible place (unless such airport or eligible place
are located in a non-contiguous State)'' after ``hub
airport''.
(2) Exception.--The amendment made by paragraph (1) shall
not apply to any contract or renewal of such contract with an
air carrier for essential air service compensation under
subchapter II of chapter 417 of title 49, that was--
(A) entered into before the date of enactment of this Act;
and
[[Page H3789]]
(B) still in effect on the date of enactment of this Act.
(3) Sunset.--Paragraph (2) shall cease to have effect after
September 30, 2028.
(c) Applicant Selection Considerations.--Section
41733(c)(1) of title 49, United States Code, is amended--
(1) by striking ``giving substantial weight to'' and
inserting ``including'';
(2) in subparagraph (E) by striking ``and'' at the end;
(3) in subparagraph (F) by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(G) the total compensation proposed by the air carrier
for providing scheduled air service under this section.''.
(d) Cost Share.--
(1) Section 41737.--Section 41737(a)(1) of title 49, United
States Code, is amended--
(A) in subparagraph (D) by striking ``and'' at the end;
(B) in subparagraph (E) by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) require that, for a contract to provide air service
that is entered into or renewed under this subchapter after
September 30, 2026, the Government's share of the
compensation is 95 percent.''.
(2) Section 41731.--Section 41731 of title 49, United
States Code, is amended--
(A) in subsection (c) by inserting ``and section
41737(a)(1)(F)'' after ``subsection (a)(1)''; and
(B) in subsection (d) by inserting ``and section
41737(a)(1)(F)'' after ``Subsection (a)(1)(B)''.
SEC. 772. ESSENTIAL AIR SERVICE AUTHORIZATION.
Section 41742(a)(2) of title 49, United States Code, is
amended by striking ``$155,000,000 for fiscal year 2018'' an
all that follows through ``$172,000,000 for fiscal year
2023'' and inserting ``$332,000,000 for fiscal year 2024,
$312,000,000 for fiscal year 2025, $300,000,000 for fiscal
year 2026, $265,000,000 for fiscal year 2027, and
$252,000,000 for fiscal year 2028''.
SEC. 773. SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM
REFORM AND AUTHORIZATION.
(a) Same Projects Limit.--Section 41743(c)(4)(B) of title
49, United States Code, is amended by striking ``10-year''
and inserting ``6-year''.
(b) Priorities.--Section 41743(c)(5) of title 49, United
States Code, is amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(2) by adding after subparagraph (A) the following--
``(B) the community has demonstrated support from at least
1 air carrier to provide service;''.
(c) Authorization.--Section 41743(e)(2) of title 49, United
States Code, is amended by striking ``2023'' and inserting
``2028''.
SEC. 774. GAO STUDY ON INCREASED COSTS OF ESSENTIAL AIR
SERVICE.
(a) Study.--The Comptroller General of the United States
shall conduct a study of the change in costs of the essential
air service program under sections 41731 through 41742 of
title 49, United States Code.
(b) Contents.--In conducting the study required under
subsection (a), the Comptroller General shall--
(1) assess trends in costs of the essential air service
program under sections 41731 through 41742 of title 49,
United States Code, over the 10-year period ending on the
date of enactment of this Act;
(2) review potential causes for the increased cost of the
essential air service program, including--
(A) labor costs;
(B) fuel costs;
(C) aging aircraft costs;
(D) air carrier opportunity costs; and
(E) airport costs; and
(3) assess the effects of the COVID-19 pandemic on the
costs of the essential air service program under sections
41731 through 41742 of title 49, United States Code.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and to the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study conducted under subsection (a).
TITLE VIII--MISCELLANEOUS
SEC. 801. DIGITALIZATION OF FAA PROCESSES.
(a) Identification.--Not later than 2 years after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration shall identify and catalog programs,
activities, or processes that require paper-based information
exchange between--
(1) external entities and the Administration; or
(2) offices within the Administration.
(b) Digitalization.--On an ongoing basis, and as
appropriate, the Administrator shall transition the paper-
based processes identified under subsection (a) to processes
that support secure digital information submission, exchange,
collaboration, and approval.
(c) Briefing.--Not later than 60 days after completing the
required identification and catalog in subsection (a), the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the programs, activities, and processes identified
under subsection (a) and such programs, activities, and
processes that have been identified for transition under
subsection (b).
SEC. 802. FAA TELEWORK.
(a) In General.--The Administrator of the Federal Aviation
Administration--
(1) may establish telework policies for employees that
allow for the Administration to reduce the office footprint
and associated expenses of the Administration, increase
workforce retention, and provide flexibilities that the
Administrator believes increases efficiency and effectiveness
of the Administration, while requiring that any such policy--
(A) does not adversely impact the mission of the
Administration;
(B) does not reduce the safety and efficiency of the
national airspace system;
(C) for any employee that is designated as an officer or
executive in the Federal Aviation Administration Executive
System or a political appointee (as such term is defined in
section 106 of title 49, United States Code)--
(i) maximizes time at a duty station for such employee,
excluding official travel; and
(ii) may include telework provisions as determined
appropriate by the Administrator, commensurate with official
duties for such employee;
(D) provides for on-the-job training opportunities for
Administration personnel that are not less than such
opportunities available in 2019;
(E) reflects the appropriate work status of employees based
on the job functions of such employee;
(F) optimizes the work status of inspectors, investigators,
and other personnel performing safety-related functions to
ensure timely completion of safety oversight activities;
(G) provides for personnel, including such personnel
performing work related to aircraft certification and flight
standards, who are responsible for actively working with
regulated entities, external stakeholders, or other members
of the public to be--
(i) routinely available on a predictable basis for in-
person and virtual communications with external persons; and
(ii) not hindered from meeting with, visiting, auditing, or
inspecting facilities or projects of regulated persons due to
any telework policy; and
(H) provides offices of the Administration opportunities
for in-person dialogue, collaboration, and ideation for all
employees;
(2) ensures that locality pay for an employee of the
Administrator accurately reflects the telework status and
duty station of such employee;
(3) may not establish a telework policy for an employee of
the Administration unless such employee will be provided with
secure network capacity, communications tools, necessary and
secure access to appropriate agency data assets and Federal
records, and equipment sufficient to enable such employee to
be fully productive; and
(4) not later than 2 years after the date of enactment of
this Act, shall evaluate and address any telework policies in
effect on the day before such date of enactment to ensure
that such policies meet the requirements of paragraph (1).
(b) Congressional Update.--Not later than 1 year after the
date of enactment of this Act, and 1 year thereafter, the
Administrator shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on any telework policies currently in place, the
implementation of such policies, and the benefits of such
policies.
(c) Consultation.--If the Administrator determines that
telework agreements must be updated to implement the
requirements of subsection (a), the Administrator shall,
prior to updating such agreements, consult with--
(1) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code; and
(2) labor organizations certified under such section as the
exclusive bargaining representative of airway transportation
systems specialists and aviation safety inspectors of the
Federal Aviation Administration.
SEC. 803. REVIEW OF OFFICE SPACE.
(a) FAA Review.--
(1) Initiation of review.--Not later than 30 months after
the date of enactment of this Act, the Secretary of
Transportation shall initiate an inventory review of the
domestic office footprint of the Department of
Transportation.
(2) Completion of review.--Not later than 40 months after
the date of enactment of this Act, the Secretary shall
complete the inventory review required under paragraph (1).
(b) Contents of Review.--In completing the review under
subsection (a), the Secretary shall--
(1) delineate the domestic office footprint into units of
property, as determined appropriate by the Secretary;
(2) determine unit adequacy related to--
(A) the Architectural Barriers Act of 1968 (42 U.S.C. 4151
et seq.) and the corresponding accessibility guidelines
established under part 1191 of title 36, Code of Federal
Regulations; and
(B) the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
(3) determine the feasible occupancy of each such unit, and
provide the methodology used to make the determination;
(4) determine the number of individuals who are full-time
equivalent employees, other employees, or contractors that
have each such unit as a duty station and determine how
telework policies will impact the usage of each such unit;
(5) calculate the amount of available, unused, or
underutilized space in each such unit;
(6) consider any lease terms for leased units contained in
the domestic office footprint, including cost and effective
dates for each such leased unit; and
(7) based on the findings in paragraphs (2) through (6),
and any other metrics the Secretary determines relevant,
provide recommendations for optimizing the use of units of
property across
[[Page H3790]]
the Department in consultation with appropriate employee
labor representatives.
(c) Report.--Not later than 2 months after completing the
review under subsection (a), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a final report that
proposes opportunities to optimize the domestic office
footprint of the Administration (and associated costs). In
compiling such final report, the Secretary shall describe
opportunities for--
(1) consolidation of offices within a reasonable distance
from one another;
(2) the collocation of regional or satellite offices of
separate modes of the Department, including the cost benefits
of shared amenities; and
(3) the use of coworking spaces instead of permanent
offices.
(d) Definition of Domestic Office Footprint.--In this
section, the term ``domestic office footprint'' means
buildings, offices, facilities, and other real property
rented, owned, or occupied by the Administration or
Department--
(1) in which employees report for permanent or temporary
duty that are not being used for active operations of the air
traffic control system; and
(2) which are located within the United States.
SEC. 804. AIRCRAFT WEIGHT REDUCTION TASK FORCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a task force to
identify ways to safely reduce covered aircraft weight for
purposes of reducing fuel burn.
(b) Composition.--The task force established under
subsection (a) shall consist of not more than 20 individuals
and shall include representatives of--
(1) the Federal Aviation Administration;
(2) other Federal agencies as the Administrator determines
appropriate;
(3) air carriers;
(4) certified labor organizations representing flight
attendants at air carriers operating under part 121 of title
14, Code of Federal Regulations;
(5) certified labor organizations representing aircraft
maintenance technicians;
(6) certified labor organizations representing other
aviation workers, as appropriate; and
(7) aerospace manufacturers.
(c) Review.--The task force established under subsection
(a) shall review and evaluate--
(1) regulations, requirements, advisory circulars, orders,
or other such directives of the Administration related to
covered aircraft or covered aircraft operations that may
inhibit certification of new materials, manufacturing
processes, components, or technologies that could reduce
aircraft weight or increase fuel efficiency without
decreasing safety;
(2) aspects of covered aircraft design that are outdated or
underutilized on the date of enactment of this Act that may
unnecessarily increase covered aircraft weight or reduce
aircraft fuel efficiency that are not necessary for the safe
operation of such aircraft;
(3) novel technologies and manufacturing processes,
including the use of advanced materials, that can safely be
used in the construction or modification of covered aircraft,
including a component or the interior of such aircraft, to
reduce weight or improve fuel efficiency; and
(4) nonproprietary methods that air carriers have used to
safely decrease covered aircraft weight or improve fuel
efficiency.
(d) Report.--
(1) Task force report.--
(A) In general.--Not later than 3 years after the
establishment of the task force under subsection (a), the
task force shall submit a report on the findings and results
of the review and evaluation conducted under subsection (c)
to the Administrator.
(B) Recommendations.--In submitting the report required
under subparagraph (A), the task force shall include
recommendations--
(i) on actions the Administrator may take to updated
regulations, processes, advisory circulars, orders, or other
such directions of the Administration to enable the
certification of new materials, components, manufacturing
processes, or technologies that may allow for the safe
reduction of covered aircraft weight or the improvement of
fuel efficiency; and
(ii) on best practices for air carriers and aerospace
manufacturers to certify such materials, components,
manufacturing processes, or technologies.
(C) Approximation of benefits.--For each recommendation
made under subparagraph (B), the task force shall approximate
the fuel savings that could be expected if such
recommendation was adopted.
(D) Submission to congress.--Not later than 3 days after
receipt of the report required under subparagraph (A), the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate the report and recommendations.
(2) FAA report.--Not later than 120 days after submission
of the report under paragraph (1), the Administrator shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report--
(A) describing the recommendations of the task force with
which the Administrator fully concurs, partially concurs, or
does not concur;
(B) detailing, for the recommendations with which the
Administrator fully or partially concurs--
(i) a timeline for implementing such recommendations; and
(ii) possible benefits of using new materials,
manufacturing processes, components, or technologies,
including fuel savings, increased capacity, or other benefits
as determined reasonable by the task force; and
(C) explaining, for the recommendations with which the
Administrator does not concur, the reason for which the
Administrator will not implement such recommendations.
(e) Sunset.--
(1) In general.--The task force established under
subsection (a) shall terminate upon submission of the report
required under subsection (d)(1)(A).
(2) Exception.--The Administrator may choose to extend such
task force after the submission of the report required under
subsection (d)(1)(A), if the Administrator determines that
such an extension would be in the public interest.
(f) Definition.--In this section:
(1) Air carrier.--The term ``air carrier'' means an air
carrier (as such term is defined in section 40102 of title
49, United States Code) that holds a certificate issued under
part 121 of title 14, Code of Federal Regulations.
(2) Aircraft weight.--The term ``aircraft weight'' means
the gross weight of a covered aircraft in operation.
(3) Covered aircraft.--The term ``covered aircraft'' means
an aircraft that is operated by an air carrier that is
operating pursuant to a certificate issued under part 121 of
title 14, Code of Federal Regulations.
SEC. 805. AUDIT OF TECHNICAL WRITING RESOURCES AND
CAPABILITIES.
(a) Audit by Inspector General.--Not later than 90 days
after the date of enactment of this Act, the inspector
general of the Department of Transportation shall initiate an
audit of the technical writing resources and capabilities of
the Federal Aviation Administration as such resources and
capabilities relate to producing rulemaking, policy, and
guidance, to--
(1) determine if such resources and capabilities are
adequate; and
(2) make recommendations for improvement of such resources
and capabilities.
(b) Review.--In conducting the review required under
subsection (a), the inspector general shall evaluate the
technical writing resources and capabilities of the
Administration in each line of business of the
Administration, the Office of Policy, International Affairs,
and Environment, and the Office of the Chief Counsel,
including by reviewing--
(1) the process and resources required to produce initial
drafts of rulemaking, policy, and guidance documents;
(2) the quality of such initial drafts;
(3) the amount of edits that are required throughout the
production of rulemaking, policy, and guidance documents;
(4) writing support and education tools provided to
engineers, managers, and other technical staff of the
Administration involved in writing or editing such documents;
and
(5) whether--
(A) the Administration has and adheres to best practices
for the drafting of rulemaking, policy, and guidance
documents; and
(B) such best practices are--
(i) easily accessible and understandable by employees of
the Administration; and
(ii) reflect modern writing conventions.
(c) Recommendations.--In making the recommendations
required under subsection (a)(2), the inspector general shall
make recommendations to the Administrator of the Federal
Aviation Administration on how to improve the quality of
written rulemaking, policy, and guidance documents and the
speed at which such documents can be produced, internally
reviewed, and approved.
(d) Deconflicting Scope.--The inspector general shall
ensure that the audit required under subsection (a) does not
duplicate the evaluation required under section 125, except
to the extent that duplication is necessary to fully evaluate
the technical writing resources and capabilities of the
Administration.
(e) Report.--Not later than 1 year after the inspector
general initiates the audit under subsection (a), the
inspector general shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
audit, including findings and recommendations.
SEC. 806. FAA PARTICIPATION IN INDUSTRY STANDARDS
ORGANIZATIONS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall ensure the participation of employees of
the Administration in the activities of recognized industry
standards organizations to advance the adoption, reference,
and acceptance rate of standards and means of compliance
developed by such organizations by the Administrator.
(b) Participation.--An employee directed by the
Administrator to participate in a working group, task group,
committee, or similar body of a recognized industry standards
organization shall--
(1) actively participate in the discussions and work of
such organization;
(2) accurately represent the position of the Administration
on the subject matter of such discussions and work;
(3) contribute to the development of work products of such
organization, unless determined to be inappropriate by such
organization;
(4) make reasonable efforts to identify and make any
concerns of the Administration relating to such work products
known to such organization, including through providing
formal comments, as may be allowed for under the procedures
of such organization;
(5) provide regular updates to other Administration
employees and management on the progress of such work
products; and
(6) seek advice and input from other Administration
employees and management, as needed.
[[Page H3791]]
(c) Invitations.--
(1) In general.--The Administrator may accept an invitation
to participate in and contribute to the work of a recognized
industry standards organization as described in subsection
(b).
(2) Declination of invitation.--If the Administrator
declines an invitation described in paragraph (1), the
Administrator shall provide--
(A) the recognized industry standards organization a
written response to the invitation that articulates the
reasons for declining the invitation; and
(B) a copy of such written response to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 5 days after
providing the response to such organization under
subparagraph (A).
(d) Recognized Industry Standards Organization Defined.--In
this section, the term ``recognized industry standards
organization'' means a domestic or international organization
that--
(1) uses agreed upon procedures to develop aviation-related
industry standards or means of compliance, particularly
standards or means of compliance that satisfy Administration
requirements or guidance;
(2) is comprised of members of the public, including
subject matter experts, industry representatives, academics
and researchers, and government employees; and
(3) has had at least one standard or means of compliance
accepted by the Administrator or referenced in guidance
material or a regulation issued by the Federal Aviation
Administration after the date of enactment of the Vision
100--Century of Aviation Reauthorization Act (Public Law 108-
176).
SEC. 807. SENSE OF CONGRESS ON USE OF VOLUNTARY CONSENSUS
STANDARDS.
It is the sense of Congress that the Administrator of the
Federal Aviation Administration should make every effort to
abide by the policies set forth in the Office of Management
and Budget Circular A-119, titled ``Federal Participation in
the Development and Use of Voluntary Consensus Standards and
Conformity Assessment Activities''.
SEC. 808. REQUIRED DESIGNATION.
The Administrator of the Federal Aviation Administration
shall designate any aviation rulemaking committee convened
under this Act pursuant to section 106(p)(5) of title 49,
United States Code.
SEC. 809. SENSITIVE SECURITY INFORMATION.
(a) In General.--Chapter 401 of title 49, United States
Code, is amended by inserting after section 40118 the
following:
``Sec. 40119. Sensitive security information
``(a) In General.--Notwithstanding section 552 of title 5,
the Secretary of Transportation shall issue regulations
prohibiting the disclosure of information obtained or
developed in the process of ensuring security under this
title if the Secretary determines that disclosing the
information would--
``(1) be an unwarranted invasion of personal privacy;
``(2) reveal a trade secret or privileged or confidential
commercial or financial information; or
``(3) be detrimental to transportation safety.
``(b) Withheld Information.--In carrying out subsection
(a), the Secretary shall ensure that the prohibitions
described in such subsection do not apply to any information
provided to a committee of Congress authorized to have such
information, including the Committee on Transportation and
Infrastructure and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
``(c) Rule of Construction.--Nothing in subsection (a)
shall be construed to authorize the designation of
information as sensitive security information (as defined in
section 15.5 of title 49, Code of Federal Regulations) to--
``(1) conceal--
``(A) a violation of law;
``(B) inefficiency; or
``(C) an administrative error;
``(2) prevent embarrassment to a person, organization, or
governmental agency;
``(3) restrain competition; or
``(4) prevent or delay the release of information that does
not require protection in the interest of transportation
security, including basic scientific research information not
clearly related to transportation security.
``(d) Nondisclosure.--Section 552a of title 5 shall not
apply to disclosures that the Administrator of the Federal
Aviation Administration may make from the systems of records
of the Administration to any Federal law enforcement,
intelligence, protective service, immigration, or national
security official in order to assist the official receiving
the information in the performance of official duties.''.
(b) Clerical Amendment.--The analysis for chapter 401 of
title 49, United States Code, is amended by striking the item
related to section 40119 and inserting the following:
``40119. Sensitive security information.''.
SEC. 810. PRESERVING OPEN SKIES WHILE ENSURING FAIR SKIES.
(a) Addition of Labor Standards.--Section 40101 of title
49, United States Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(17) preventing the undermining of labor standards.'';
and
(2) in subsection (e) by adding at the end the following:
``(11) preventing the undermining of labor standards.''.
(b) Update to Foreign Air Carrier Permits.--Section
41302(2)(B) of title 49, United States Code, is amended by
striking ``the foreign air transportation'' and inserting
``after considering the totality of the circumstances,
including the matters described in section 40101(a), the
foreign air transportation''.
(c) Savings Clause.--Nothing in this section, or the
amendments made by this section, shall be construed to affect
the validity of a foreign air carrier permit held, or air
transport agreement in place, on the date of enactment of
this Act.
SEC. 811. COMMERCIAL PREFERENCE.
Section 40110(d) of title 49, United States Code, is
further amended--
(1) in paragraph (1) by striking ``and implement'' and
inserting ``, implement, and periodically update'';
(2) in paragraph (2) by striking ``the new acquisition
management system developed and implemented'' and inserting
``the acquisition management system developed, implemented,
and periodically updated'' each place it appears;
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``new''; and
(ii) by striking ``and implemented'' and inserting ``,
implemented, and periodically updated''; and
(B) in subparagraph (B) by striking ``Within'' and all that
follows through ``the Administrator'' and inserting ``The
Administrator'';
(4) by redesignating paragraph (4) as paragraph (5); and
(5) by inserting after paragraph (3) the following:
``(4) Commercial products and services.--In implementing
and updating the acquisition management system pursuant to
paragraph (1), the Administrator shall, whenever possible--
``(A) describe the requirements with respect to a
solicitation for the procurement of supplies or services in
terms of--
``(i) functions to be performed;
``(ii) performance required; or
``(iii) essential physical and system characteristics;
``(B) ensure that commercial services or commercial
products may be procured to fulfill such solicitation, or to
the extent that commercial products suitable to meet the
needs of the Administration are not available, ensure that
nondevelopmental items other than commercial products may be
procured to fulfill such solicitation;
``(C) provide offerors of commercial services, commercial
products, and nondevelopmental items other than commercial
products an opportunity to compete in any solicitation for
the procurement of supplies or services;
``(D) revise the procurement policies, practices, and
procedures of the Administration to reduce any impediments to
the acquisition of commercial products and commercial
services; and
``(E) ensure that procurement officials--
``(i) acquire commercial services, commercial products, or
nondevelopmental items other than commercial products to meet
the needs of the Administration;
``(ii) in a solicitation for the procurement of supplies or
services, state the specifications for such supplies or
services in terms that enable and encourage bidders and
offerors to supply commercial services or commercial
products, or to the extent that commercial products suitable
to meet the needs of the Administration are not available, to
supply nondevelopmental items other than commercial products;
``(iii) require that prime contractors and subcontractors
at all levels under contracts with the Administration
incorporate commercial services, commercial products, or
nondevelopmental items other than commercial products as
components of items supplied to the Administration;
``(iv) modify procurement requirements in appropriate
circumstances to ensure that such requirements can be met by
commercial services or commercial products, or to the extent
that commercial products suitable to meet the needs of the
Administration are not available, nondevelopmental items
other than commercial products; and
``(v) require training of appropriate personnel in the
acquisition of commercial products and commercial
services.''.
SEC. 812. CONSIDERATION OF THIRD-PARTY SERVICES.
(a) Plans and Policy.--Section 44501 of title 49, United
States Code, is amended--
(1) in subsection (a) by striking ``development and
location of air navigation facilities'' and inserting
``development of air navigation facilities and services'';
and
(2) in subsection (b)--
(A) by striking ``and development'' and inserting
``procurement, and development'' each place it appears;
(B) by striking ``facilities and equipment'' and inserting
``facilities, services, and equipment'';
(C) by striking ``first and 2d years'' and inserting
``first and second years'';
(D) by striking ``subclauses (A) and (B) of this clause''
and inserting ``subparagraphs (A) and (B)'';
(E) by striking ``the 3d, 4th, and 5th'' and inserting
``the third, fourth, and fifth'';
(F) by striking ``systems and facilities'' and inserting
``systems, services, and facilities''; and
(G) by striking ``growth of aviation'' and inserting
``growth of the aerospace industry''.
(b) Systems, Procedures, Facilities, and Devices.--Section
44505 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``develop, alter'' and inserting ``develop
when necessary, alter''; and
(B) by striking ``and devices'' and inserting ``services,
and devices'' each place it appears; and
[[Page H3792]]
(2) in subsection (b) by striking ``develop dynamic
simulation models'' and inserting ``develop or procure
dynamic simulation models and tools'' each place it appears.
SEC. 813. CERTIFICATES OF AUTHORIZATION OR WAIVER.
(a) In General.--Notwithstanding any other provision of
law, the Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration, may
issue a certificate of authorization or waiver to a person to
operate an aircraft within an area covered by a temporary
flight restriction under such conditions as the Administrator
may prescribe, except for airspace that is subject to a
permanent, continuous flight restriction, unless the
authorization or waiver is issued to, or with the concurrence
of, the entity for which the flight restriction was created.
(b) Special Considerations.--If a temporary flight
restriction is related to a sporting event and issued
pursuant to section 352 of the Consolidated Appropriations
Resolution, 2003 (Public Law 108-7), the conditions
prescribed by the Administrator under subsection (a) shall
include the following:
(1) A minimum distance from the center of the temporary
flight restriction, which shall not be greater than 0.75
nautical miles, unless the Administrator determines, on a
case by case basis, that such mileage is insufficient to
maintain public safety.
(2) The person may not operate an aircraft (except for a
purpose described under section 352(a)(3) of the Consolidated
Appropriations Resolution, 2003 (Public Law 108-7)) for a
purpose that the Secretary determines is directly related to
the event for which the temporary flight restriction is
active.
(c) Exception.--Subsection (b)(1) shall not apply to
aircraft operations associated with an aviation event or
airshow for which the Administrator has granted a certificate
of authorization or waiver.
(d) Briefing.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the implementation of
this section, including the number and nature of certificates
of authorization or waiver that have been issued under
subsection (a) subject to restrictions under subsection (b).
(e) Operational Purposes.--Section 352(a)(3)(B) of
Consolidated Appropriations Resolution, 2003 (Public Law 108-
7) is amended by inserting ``(or attendees approved by)''
after ``guests''.
(f) Sunset.--Subsection (b) shall cease to have effect on
October 1, 2028.
SEC. 814. WING-IN-GROUND-EFFECT CRAFT.
(a) Memorandum of Understanding.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration and the Commandant of the Coast Guard
shall execute a memorandum of understanding governing the
specific roles, delineations of responsibilities, resources,
and commitments of the Federal Aviation Administration and
the Coast Guard, respectively, pertaining to wing-in-ground-
effect craft that are--
(A) only capable of operating either in water or in ground
effect over water; and
(B) operated exclusively over waters subject to the
jurisdiction of the United States.
(2) Contents.--The memorandum of understanding described in
paragraph (1) shall--
(A) cover the processes the Federal Aviation Administration
and the United States Coast Guard will follow to promote
communications, efficiency, and nonduplication of effort in
carrying out such memorandum of understanding;
(B) account for the special rule in accordance with
subsection (b); and
(C) provide procedures for, at a minimum, the following:
(i) Approval of wing-in-ground-effect craft designs.
(ii) Operations of wing-in-ground-effect craft.
(iii) Pilotage of wing-in-ground-effect craft.
(iv) Inspections of wing-in-ground-effect craft.
(v) Maintenance of wing-in-ground-effect craft.
(b) Special Rule Prohibiting Secretary From Regulating
Certain WIG Craft Operators as Air Carriers.--Notwithstanding
any other provision of law or regulation, the Secretary of
Transportation may not regulate an operator of a wing-in-
ground-effect craft as an air carrier (as such term is
defined in section 40102(a) of title 49, United States Code).
(c) Rule of Construction.--Nothing in this section shall be
construed to--
(1) limit the authority of the Secretary or the
Administrator to regulate aircraft that are not wing-in-
ground-effect craft, including aircraft that are--
(A) capable of the operations described in subsection (d);
and
(B) capable of sustained flight out of ground effect;
(2) confer upon the Commandant the authority to determine
the impact of any civil aircraft operation on the safety or
efficiency of the National Airspace System; or
(3) confer upon the Administrator the authority to issue a
certificate of documentation, with or without a registry,
fishery or coastwise endorsement, for, or inspect any vessel
as that term is defined in section 115 of title 46, United
States Code.
(d) Wing-in-ground-effect Craft Defined.--In this section,
the term ``wing-in-ground-effect craft'' means a craft that
is capable of operating completely above the surface of the
water on a dynamic air cushion created by aerodynamic lift
due to the ground effect between the craft and the surface of
the water.
SEC. 815. QUASQUICENTENNIAL OF AVIATION.
(a) Findings.--Congress finds the following:
(1) December 17, 2028, is the 125th anniversary of the
first successful manned, free, controlled, and sustained
flight by an aircraft.
(2) The first flight by Orville and Wilbur Wright in Kitty
Hawk, North Carolina, is a defining moment in the history of
the United States and the world.
(3) The Wright brothers' achievement is a testament to
their ingenuity, perseverance, and commitment to innovation,
which has inspired generations of aviators and scientists
alike.
(4) The advent of aviation and the air transportation
industry has fundamentally transformed the United States and
the world for the better.
(5) The 125th anniversary of the Wright brothers' first
flight is worthy of recognition and celebration to honor
their legacy and to inspire a new generation of Americans as
aviation reaches an inflection point of innovation and
change.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Transportation, the Administrator of the
Federal Aviation Administration, and the heads of other
appropriate Federal agencies should facilitate and
participate in local, national, and international observances
and activities that commemorate and celebrate the 125th
anniversary of powered flight.
SEC. 816. FEDERAL CONTRACT TOWER WAGE DETERMINATIONS AND
POSITIONS.
The Secretary of Transportation shall request that the
Secretary of Labor--
(1) review and update, as necessary, including to account
for cost-of-living adjustments, the basis for the wage
determination for air traffic controllers who are employed at
air traffic control towers operated under the Contract Tower
Program established under section 47124 of title 49, United
States Code;
(2) create a new wage determination category or occupation
code for managers of air traffic controllers who are employed
at air traffic control towers in the Contract Tower Program;
and
(3) consult with the Administrator of the Federal Aviation
Administration in carrying out the requirements of paragraphs
(1) and (2).
SEC. 817. INTERNAL PROCESS IMPROVEMENTS REVIEW.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the inspector general of the
Department of Transportation shall review the coordination
and approval processes of non-regulatory materials produced
by the Federal Aviation Administration to improve the
timeliness, transparency, development, and issuance of such
materials.
(b) Contents of Review.--In conducting the review under
subsection (a), the inspector general shall--
(1) provide recommendations for improving processes and
eliminating nonvalue-added reviews of non-regulatory
materials within the Federal Aviation Administration and
Department of Transportation, in consideration of the
authority of the Administrator under section 106 of title 49,
United States Code, and other applicable laws;
(2) consider, with respect to each office within the
Federal Aviation Administration and the Department of
Transportation that reviews non-regulatory materials--
(A) the timeline assigned to each such office to complete
the review of such materials;
(B) the actual time spent for such review; and
(C) opportunities to reduce the actual time spent for such
review;
(3) describe any organizational changes and additional
resources that the Administration needs, if necessary, to
reduce delays in the development and publication of proposed
non-regulatory materials;
(4) consider to what extent reporting mechanisms and
templates could be used to provide the public with more
consistent information on the development status of non-
regulatory materials;
(5) consider changes to the application of rules governing
ex parte communications by the Administrator to provide
flexibility for employees of the Administration to discuss
non-regulatory materials with aviation stakeholders and
foreign aviation authorities to promote United States
aviation leadership;
(6) recommend methods by which the Administration can
incorporate standards set by recognized industry standards
organizations, as such term is defined in section 806, into
non-regulatory materials to keep pace with rapid changes in
aerospace technology and processes; and
(7) evaluate the processes and best practices other civil
aviation authorities and other Federal departments and
agencies use to produce non-regulatory materials,
particularly the processes of entities that produce such
materials in an expedited fashion to respond to safety risks,
incidents, or new technology adoption.
(c) Consultation.--In conducting the review under
subsection (a), the inspector general may, as appropriate,
consult with industry stakeholders, academia, and other
individuals with relevant background or expertise in
improving the efficiency of Federal non-regulatory material
production.
(d) Report.--Not later than 1 year after the inspector
general initiates the review under subsection (a), the
inspector general shall submit to the Administrator a report
on such review.
(e) Action Plan.--
(1) In general.--The Administrator shall develop an action
plan to implement the recommendations contained in the report
submitted under subsection (d).
(2) Briefing.--Not later than 90 days after receiving the
report under subsection (d), the Administrator shall brief
the Committee on Transportation and Infrastructure and the
Committee on Science, Space, and Technology of the House
[[Page H3793]]
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on such plan.
(f) Non-regulatory Materials Defined.--In this section, the
term ``non-regulatory materials'' means orders, advisory
circulars, statements of policy, guidance, technical
standards, and other materials related to aviation safety,
training, and operation of aeronautical products.
SEC. 818. ACCEPTANCE OF DIGITAL DRIVER'S LICENSE AND
IDENTIFICATION CARDS.
The Administrator of the Federal Aviation Administration
shall take such actions as may be necessary to accept, in any
instance where an individual is required to submit
government-issued identification to the Administrator, a
digital or mobile driver's license or identification card
issued to such individual by a State.
SEC. 819. BUCKEYE 940 RELEASE OF DEED RESTRICTIONS.
(a) Purpose.--The purpose of this section is to authorize
the Secretary to issue a Deed of Release from all terms,
conditions, reservations, restrictions, and obligations
contained in the Quitclaim Deed and permit the State of
Arizona to deposit all proceeds of the disposition of Buckeye
940 in the appropriate fund for the benefit of the
beneficiaries of the Arizona State Land Trust.
(b) Definitions.--In this section:
(1) Buckeye 940.--The term ``Buckeye 940'' means all of
section 12, T.1 N., R.3 W. and all of adjoining fractional
section 7, T.1 N., R.2 W., Gila and Salt River Meridian,
Arizona, which property was the subject of the Quitclaim Deed
between the United States and the State of Arizona, dated
July 11, 1949, and which is currently owned by the State of
Arizona and held in trust for the beneficiaries of the
Arizona State Land Trust.
(2) Quitclaim deed.--The term ``Quitclaim Deed'' means the
Quitclaim Deed between the United States and the State of
Arizona, dated July 11, 1949.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(c) Release of Any and All Interest in Buckeye 940.--
(1) In general.--Notwithstanding any other provision of
law, the United States, acting through the Secretary, shall
issue to the State of Arizona a Deed of Release to release
all terms, conditions, reservations, restrictions, and
obligations contained in the Quitclaim Deed, including any
and all reversionary interest of the United States in Buckeye
940.
(2) Terms and conditions.--The Deed of Release described in
paragraph (1) shall be subject to such additional terms and
conditions, consistent with such paragraph, as the Secretary
considers appropriate to protect the interests of the United
States.
(3) No restriction on use of proceeds.--Notwithstanding any
other provision of law, the State of Arizona may dispose of
Buckeye 940 and any proceeds thereof, including proceeds
already collected by the State and held in a suspense
account, without regard to any restriction imposed by the
Quitclaim Deed or by section 155.7 of title 14, Code of
Federal Regulations.
(4) Mineral reservation.--The Deed of Release described in
paragraph (1) shall include the release of all interests of
the United States to the mineral rights on Buckeye 940
included in the Quitclaim Deed.
SEC. 820. FEDERAL AVIATION ADMINISTRATION INFORMATION
TECHNOLOGY SYSTEM INTEGRITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a review to identify
and address aging information technology systems within the
Administration.
(b) Contents.--The review required under subsection (a)
shall--
(1) identify and inventory critical software and hardware
systems of the Administration;
(2) assess the vulnerabilities of such systems to
degradation, errors (including human errors), and malicious
attacks (including cyber attacks); and
(3) identify upgrades to, or replacements for, such systems
that are necessary to mitigate such vulnerabilities.
(c) Mitigation.--The Administrator shall take such action
as may be necessary to mitigate the vulnerabilities
identified under the review conducted under subsection (a).
(d) Leveraging External Expertise.--To the maximum extent
practicable, the actions carried out pursuant to this section
shall--
(1) be consistent with the acquisition management system
established and updated pursuant to section 40110(d) of title
49, United States Code;
(2) incorporate input from industry, academia, or other
external experts on information technology; and
(3) identify technologies in existence or in development
that, with or without adaptation, are expected to be suitable
to meet the technical information technology needs of the
Administration.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing the
results of the review required under subsection (a).
(f) Inspector General Review.--
(1) In general.--After the Administrator completes the
review under subsection (a), the inspector general of the
Department of Transportation shall conduct an audit of the
integrity of the information technology systems of the
Administration and assess the efforts of the Administration
to address the Administration's aging information technology
systems.
(2) Report.--The inspector general shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the audit carried out under this subsection.
SEC. 821. BRIEFING ON RADIO COMMUNICATIONS COVERAGE AROUND
MOUNTAINOUS TERRAIN.
(a) Briefing Requirement.--Not later than 180 days after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall provide to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a briefing on the radio
communications coverage within the airspace surrounding the
Mena Intermountain Municipal Airport in Mena, Arkansas.
(b) Briefing Contents.--The briefing required under
subsection (a) shall include the following:
(1) The radio communications coverage within the airspace
surrounding the Mena Intermountain Municipal Airport with the
applicable Air Route Traffic Control Center.
(2) The altitudes at which radio communications
capabilities are lost within such airspace.
(3) Recommendations on changes that may increase radio
communications coverage below 4,000 feet above ground level
within such airspace.
SEC. 822. STUDY ON CONGESTED AIRSPACE.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study on the efficiency and efficacy
of scheduled commercial air service transiting congested
airspace.
(b) Contents.--In carrying out the study required under
subsection (a), the Comptroller General shall examine--
(1) various regions of congested airspace and the differing
factors of such regions;
(2) commercial air service;
(3) military flight activity;
(4) emergency response activity;
(5) commercial space launch and reentry activities;
(6) weather; and
(7) air traffic controller staffing.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study and recommendations to reduce the
impacts to scheduled air service transiting congested
airspace.
SEC. 823. ADMINISTRATIVE SERVICES FRANCHISE FUND.
Title I of the Department of Transportation and Related
Agencies Appropriations Act, 1997 (49 U.S.C. 40113 note) is
amended under the heading ``Administrative Services Franchise
Fund'' by striking ``shall be paid in advance'' and inserting
``may be reimbursed after performance or paid in advance''.
SEC. 824. USE OF BIOGRAPHICAL ASSESSMENTS.
Section 44506(f)(2)(A) of title 49, United States Code, is
amended by striking ``paragraph (1)(B)(ii)'' and inserting
``paragraph (1)(B)''.
SEC. 825. WHISTLEBLOWER PROTECTION ENFORCEMENT.
Section 42121(b)(5) of title 49, United States Code, is
amended to read as follows:
``(5) Enforcement of order.--Whenever any person has failed
to comply with an order issued under paragraph (3), the
Secretary of Labor and the Administrator of the Federal
Aviation Administration shall consult with each other to
determine the most appropriate action to be taken, in which--
``(A) the Secretary of Labor may file a civil action in the
United States district court for the district in which the
violation was found to occur to enforce such order, for
which, in actions brought under this paragraph, the district
courts shall have jurisdiction to grant all appropriate
relief including, injunctive relief and compensatory damages;
and
``(B) the Administrator of the Federal Aviation
Administration may assess a civil penalty pursuant to section
46301.''.
SEC. 826. FINAL RULEMAKING ON CERTAIN MANUFACTURING
STANDARDS.
Not later than December 16, 2023, the Administrator of the
Federal Aviation Administration shall issue a final rule for
the notice of proposed rulemaking titled ``Airplane Fuel
Efficiency Certification'' and published June 15, 2022 (RIN
2120-AL54).
SEC. 827. REMOTE DISPATCH.
(a) In General.--Section 44711(a) of title 49, United
States Code, is amended--
(1) in paragraph (9) by striking ``or'' at the end;
(2) in paragraph (10) by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(11) work as an aircraft dispatcher outside of a physical
location designated as a dispatching center or flight
following center of an air carrier, except as provided under
section 44747.''.
(b) Aircraft Dispatching.--Chapter 447 of title 49, United
States Code, is further amended by adding at the end the
following:
``Sec. 44747. Aircraft dispatching
``(a) Aircraft Dispatching Certificate.--No person may
serve as an aircraft dispatcher for an air carrier unless
that person holds the appropriate aircraft dispatcher
certificate issued by the Administrator of the Federal
Aviation Administration.
``(b) Proof of Certificate.--Upon the request of the
Administrator or an authorized representative of the National
Transportation Safety Board, or other appropriate Federal
agency,
[[Page H3794]]
a person who holds such a certificate, and is performing
dispatching shall present the certificate for inspection.
``(c) Dispatch Centers and Flight Following Centers.--
``(1) Establishment.--Air carriers shall establish and
maintain sufficient dispatch centers and flight following
centers necessary to maintain operational control of each
flight at all times.
``(2) Requirements.--Air carrier dispatch centers and
flight following centers shall--
``(A) have a sufficient number of aircraft dispatchers at
dispatch centers and flight following centers to ensure
proper operational control of each flight at all times;
``(B) have the equipment necessary and in good repair to
maintain proper operational control of each flight at all
times; and
``(C) include appropriate physical and cybersecurity
protections, as determined by the Administrator.
``(3) Location limitation.--No air carrier may dispatch
aircraft from any location other than the designated dispatch
centers or flight following centers of such air carrier.
``(d) Emergency Authority for Remote Dispatching.--
Notwithstanding subsection (c), an air carrier may dispatch
aircraft from locations other than from designated dispatch
centers or flight following centers for a limited period of
time in the event of an emergency or other event that renders
a center inoperable. An air carrier may not dispatch aircraft
under the emergency authority under this subsection for
longer than 30 consecutive days without the approval of the
Administrator.''.
(c) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, is further amended by adding at
the end the following:
``44747. Aircraft dispatching.''.
SEC. 828. EMPLOYEE ASSAULT PREVENTION AND RESPONSE PLANS
AMENDMENT.
Section 551 of the FAA Reauthorization Act of 2018 (49
U.S.C. 44903 note) is amended--
(1) in subsection (a)--
(A) by striking ``Not later than 90 days after the date of
enactment of this Act,'' and inserting ``The Administrator
shall require''; and
(B) by striking ``shall submit to the Administrator'' and
inserting ``to submit''; and
(2) in subsection (c) by striking ``A part 121 air carrier
shall'' and inserting ``The Administrator shall require a
part 121 air carrier to''.
SEC. 829. CREW MEMBER SELF-DEFENSE TRAINING.
Section 44918(b) of title 49, United States Code, is
amended--
(1) in paragraph (4) by striking ``Neither'' and inserting
``Except as provided in paragraph (8), neither''; and
(2) by adding at the end the following:
``(8) Air carrier accommodation.--An air carrier with a
crew member participating in the training program under this
subsection shall provide a process through which each such
crew member may obtain reasonable accommodations.''.
SEC. 830. FORMAL SEXUAL ASSAULT AND HARASSMENT POLICIES ON
AIR CARRIERS AND FOREIGN AIR CARRIERS.
(a) In General.--Chapter 417 of title 49, United States
Code, is further amended by adding at the end the following:
``Sec. 41729. Formal sexual assault and harassment policies
``(a) Requirement.--Not later than 180 days after the date
of enactment of this section, each air carrier and foreign
air carrier transporting passengers for compensation shall
issue, in consultation with labor unions representing
personnel of the air carrier or foreign air carrier, a formal
policy with respect to transportation sexual assault or
harassment incidents.
``(b) Contents.--The policy required under subsection (a)
shall include--
``(1) a statement indicating that no transportation sexual
assault or harassment incident is acceptable under any
circumstance;
``(2) procedures that facilitate the reporting of a
transportation sexual assault or harassment incident,
including--
``(A) appropriate public outreach activities; and
``(B) confidential phone and internet-based opportunities
for reporting;
``(3) procedures that personnel should follow upon the
reporting of a transportation sexual assault or harassment
incident, including actions to protect affected individuals
from continued sexual assault or harassment and to notify law
enforcement when appropriate;
``(4) procedures that may limit or prohibit, to the extent
practicable, future travel with the air carrier or foreign
air carrier by any passenger who causes a transportation
sexual assault or harassment incident; and
``(5) training that is required for all appropriate
personnel with respect to the policy required under
subsection (a), including--
``(A) specific training for personnel who may receive
reports of transportation sexual assault or harassment
incidents; and
``(B) recognizing and responding to potential human
trafficking victims, in the same manner as required under
section 44734(a)(4).
``(c) Passenger Information.--An air carrier or foreign air
carrier described in subsection (a) shall prominently
display, on the internet website of the air carrier or
foreign air carrier and through the use of appropriate
signage, a written statement that informs passengers and
personnel of the procedure for reporting a transportation
sexual assault or harassment incident.
``(d) Standard of Care.--Compliance with the requirements
of this section, and any policy issued thereunder, shall not
determine whether the air carrier or foreign air carrier
described in subsection (a) has acted with any requisite
standard of care.
``(e) Definitions.--In this section:
``(1) Personnel.--The term `personnel' means an employee or
contractor of an air carrier or foreign air carrier.
``(2) Sexual assault.--The term `sexual assault' means the
occurrence of an act that constitutes any nonconsensual
sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
``(3) Transportation sexual assault or harassment
incident.--The term `transportation sexual assault or
harassment incident' means the occurrence, or reasonably
suspected occurrence, of an act that--
``(A) constitutes sexual assault or sexual harassment; and
``(B) is committed--
``(i) by a passenger or member of personnel of an air
carrier or foreign air carrier against another passenger or
member of personnel of an air carrier or foreign air carrier;
and
``(ii) within an aircraft or in an area in which passengers
are entering or exiting an aircraft.''.
(b) Clerical Amendment.--The analysis for chapter 417 of
title 49, United States Code, is further amended by adding at
the end the following:
``41729. Formal sexual assault and harassment policies.''.
SEC. 831. INTERFERENCE WITH SECURITY SCREENING PERSONNEL.
Section 46503 of title 49, United States Code, is amended--
(1) by striking ``An individual'' and inserting the
following:
``(a) In General.--An individual''; and
(2) by adding at the end the following:
``(b) Airport and Air Carrier Employees.--For purposes of
this section, an airport or air carrier employee who has
security duties within the airport includes an airport or air
carrier employee performing ticketing, check-in, baggage
claim, or boarding functions.''.
SEC. 832. MECHANISMS TO REDUCE HELICOPTER NOISE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study to examine ways in which a
State, territorial, or local government may mitigate the
negative impacts of commercial helicopter noise.
(b) Considerations.--In conducting the study under
subsection (a), the Comptroller General shall consider--
(1) the varying degree of commercial helicopter operations
in different communities; and
(2) actions that State, and local governments have taken,
and authorities such governments have used, to reduce the
impact of commercial helicopter noise and the success of such
actions.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall provide
to the Administrator of the Federal Aviation Administration,
the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
findings of the study conducted under subsection (a).
SEC. 833. TECHNICAL CORRECTIONS.
(a) Title 49 Analysis.--The analysis for title 49, United
States Code, is amended by striking the item relating to
subtitle IX and inserting the following:
``IX. MULTIMODAL FREIGHT
TRANSPORTATION..........................................
70101''.
(b) Subtitle I Analysis.--The analysis for subtitle I of
title 49, United States Code, is amended by striking the item
relating to chapter 7.
(c) Subtitle VII Analysis.--The analysis for subtitle VII
of title 49, United States Code, is amended by striking the
item relating to chapter 448 and inserting the following:
``448. Unmanned Aircraft
Systems..........................................
44801''.
(d) Authority to Exempt.--Section 40109(b) of title 49,
United States Code, is amended by striking ``sections
40103(b)(1) and (2) of this title'' and inserting
``paragraphs (1) and (2) of section 40103(b)''.
(e) General Procurement Authority.--Section 40110(d)(3) of
title 49, United States Code, is further amended--
(1) in subparagraph (B) by inserting ``, as in effect on
October 9, 1996'' after ``Policy Act'';
(2) in subparagraph (C) by striking ``the Office of Federal
Procurement Policy Act'' and inserting ``division B of
subtitle I of title 41''; and
(3) in subparagraph (D) by striking ``section
27(e)(3)(A)(iv) of the Office of Federal Procurement Policy
Act'' and inserting ``section 2105(c)(1)(D) of title 41''.
(f) Government-Financed Air Transportation.--Section
40118(g)(1) of title 49, United States Code, is amended by
striking ``detection and reporting of potential human
trafficking (as described in paragraphs (9) and (10)'' and
inserting ``detection and reporting of potential severe forms
of trafficking in persons and sex trafficking (as such terms
are defined in paragraphs (11) and (12)''.
(g) FAA Authority To Conduct Criminal History Record
Checks.--Section 40130(a)(1)(A) of title 49, United States
Code, is amended by striking ``(42 U.S.C. 14616)'' and
inserting ``(34 U.S.C. 40316)''.
(h) Submissions of Plans.--Section 41313(c)(16) of title
49, United States Code, is amended by striking ``will
consult'' and inserting ``the foreign air carrier shall
consult''.
(i) Plans and Policy.--Section 44501(c) of title 49, United
States Code, is amended--
(1) in paragraph (2)(B)(i), by striking ``40119,''; and
(2) in paragraph (3) by striking ``Subject to section
40119(b) of this title and regulations prescribed under
section 40119(b),'' and inserting
[[Page H3795]]
``Subject to section 44912(d)(2) and regulations prescribed
under such section,''.
(j) Use and Limitation of Amounts.--Section 44508 of title
49, United States Code, is amended by striking ``40119,''
each place it appears.
(k) Structures Interfering With Air Commerce or National
Security.--Section 44718(h) of title 49, United States Code,
is amended to read as follows:
``(h) Definitions.--In this section, the terms `adverse
impact on military operations and readiness' and
`unacceptable risk to the national security of the United
States' have the meaning given those terms in section 183a(h)
of title 10.''.
(l) Meteorological Services.--Section 44720(b)(2) of title
49, United States Code, is amended--
(1) by striking ``the Administrator to persons'' and
inserting ``the Administrator, to persons''; and
(2) by striking ``the Administrator and to'' and inserting
``the Administrator, and to''.
(m) Aeronautical Charts.--Section 44721(c)(1) of title 49,
United States Code, is amended by striking ``1947,'' and
inserting ``1947''.
(n) Flight Attendant Certification.--Section 44728(c) of
title 49, United States Code, is amended by striking
``Regulation,'' and inserting ``Regulations,''.
(o) Manual Surcharge.--The analysis for chapter 453 of
title 49, United States Code, is amended by adding at the end
the following:
``45306. Manual surcharge.''.
(p) Schedule of Fees.--Section 45301(a) of title 49, United
States Code, is amended by striking ``The Administrator shall
establish'' and inserting ``The Administrator of the Federal
Aviation Administration shall establish''.
(q) Judicial Review.--Section 46110(a) of title 49, United
States Code, is amended by striking ``subsection (l) or (s)
of section 114'' and inserting ``subsection (l) or (r) of
section 114''.
(r) Civil Penalties.--Section 46301(a) of title 49, United
States Code, is amended--
(1) in the heading for paragraph (6), by striking ``Failure
to collect airport security badges'' and inserting ``Failure
to collect airport security badges''; and
(2) in paragraph (7), by striking ``Penalties relating to
harm to passengers with disabilities'' in the paragraph
heading and inserting ``Penalties relating to harm to
passengers with disabilities''.
(s) Payments Under Project Grant Agreements.--Section
47111(e) of title 49, United States Code, is amended by
striking ``fee'' and inserting ``charge''.
(t) Agreements for State and Local Operation of Airport
Facilities.--Section 47124(b)(1)(B)(ii) of title 49, United
States Code, is amended by striking the second period at the
end.
(u) Use of Funds for Repairs for Runway Safety Repairs.--
Section 47144(b)(4) of title 49, United States Code, is
amended by striking ``(42 U.S.C. 4121 et seq.)'' and
inserting ``(42 U.S.C. 5121 et seq.)''.
(v) Metropolitan Washington Airports Authority.--Section
49106 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(B) by striking ``and section 49108
of this title''; and
(2) in subsection (c)(6)(C) by inserting ``the'' before
``jurisdiction''.
(w) Separability and Effect of Judicial Order.--Section
49112(b) of title 49, United States Code, is amended--
(1) by striking paragraph (1); and
(2) by striking ``(2) Any action'' and inserting ``Any
action''.
SEC. 834. TRANSPORTATION OF ORGANS.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Federal Aviation
Administration, shall convene a working group (in this
section referred to as the ``working group'') to assist in
developing best practices for transportation of an organ in
the cabin of an aircraft operating under part 121 of title
14, Code of Federal Regulations, and to identify regulations
that hinder such transportation, if applicable.
(b) Composition.--The working group shall be comprised of
representatives from the following:
(1) Air carriers operating under part 121 of title 14, Code
of Federal Regulations.
(2) Organ procurement organizations.
(3) Organ transplant hospitals.
(4) Flight attendants.
(5) Other relevant Federal agencies involved in organ
transportation or air travel.
(c) Considerations.--In establishing the best practices
described in subsection (a), the working group shall
consider--
(1) a safe, standardized process for acceptance, handling,
management, and transportation of an organ in the cabin of
such aircraft; and
(2) protocols to ensure the safe and timely transport of an
organ in the cabin of such aircraft, including through
connecting flights.
(d) Recommendations.--Not later than 1 year after the
convening of the working group, such working group shall
submit to the Secretary a report containing recommendations
for the best practices described in subsection (a).
(e) Definition of Organ.--In this section, the term
``organ''--
(1) has the meaning given such term in section 121.2 of
title 42, Code of Federal Regulations; and
(2) includes organ-related tissue.
SEC. 835. REPORT ON APPLICATION APPROVAL TIMING.
Not later than 120 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report detailing the amount of time the application
approval process takes for agricultural aircraft operations
under part 137 of title 14, Code of Federal Regulations.
SEC. 836. STUDY ON AIR CARGO OPERATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall initiate a study on the sustainability of air
cargo operations.
(b) Contents.--In conducting the study required under
subsection (a), the Comptroller General shall address the
following:
(1) Airport and cargo development strategies, including the
pursuit of new air carriers and plans for physical expansion.
(2) Key historical statistics for passenger, cargo volumes,
including freight, express, and mail cargo, and operations,
including statistics distinguishing between passenger and
freight operations.
(3) A description of air cargo facilities, including the
age and condition of such facilities and the square footage
and configuration of the landside and airside infrastructure
of such facilities, and cargo buildings.
(4) The projected square footage deficit of the cargo
facilities and infrastructure described in paragraph (3).
(5) The projected requirements and square footage deficit
for air cargo support facilities.
(6) The general physical and operating issues and
constraints associated with air cargo operations.
(7) A description of delays in truck bays associated with
the infrastructure and critical landside issues, including
truck maneuvering and queuing and parking for employees and
customers.
(8) The estimated cost of developing new cargo facilities
and infrastructure, including the identification of
percentages for development with a return on investment and
without a return on investment.
(9) The projected leasing costs to tenants per square foot
with and without Federal funding of the non-return on
investment allocation.
(10) A description of customs and general staffing issues
associated with air cargo operations and the impacts of such
issues on service.
(11) An assessment of the impact, cost, and estimated cost
savings of using modern comprehensive communications and
technology systems in air cargo operations.
(12) A description of the impact of Federal regulations and
local enforcement of interdiction and facilitation policies
on throughput.
(c) Report.--The Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate the results of the study
carried out under this section.
SEC. 837. NEXT GENERATION RADIO ALTIMETERS.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with industry and
other relevant government stakeholders, shall carry out an
accelerated program to assist with the development, testing,
and certification of the standards and technology necessary
to ensure industry and the Administration can certify,
produce and meet the installation requirements for next
generation radio altimeters across all necessary aircraft by
January 1, 2028.
(b) Grant Program.--The Administrator may award grants for
the purposes of research and development, testing, and other
activities necessary to ensure that next generation radio
altimeter technology is developed, tested, certified, and
installed on necessary aircraft by 2028, including through
public-private partnership grants (which shall include
protections for necessary intellectual property with respect
to any private sector entity testing, certifying, or
producing next generation radio altimeters under the program
carried out under this section) with industry to ensure the
accelerated production and installation by January 1, 2028.
(c) Review and Report.--Not later than 180 days after the
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on the steps the
Administrator has taken as of the date on which such report
is submitted and any actions the Administrator plans to take,
including as part of the program carried out under this
section, to ensure that next generation radio altimeter
technology is developed, tested, certified, and installed by
2028.
SEC. 838. SENSE OF CONGRESS REGARDING SAFETY AND SECURITY OF
AVIATION INFRASTRUCTURE.
It is the sense of Congress that aviation provides
essential services critical to the United States economy and
that it is important to ensure the safety and security of
aviation infrastructure and protect such infrastructure from
unlawful breaches with appropriate legal safeguards.
SEC. 839. RESTRICTED CATEGORY AIRCRAFT MAINTENANCE AND
OPERATIONS.
Notwithstanding any other provision of law, the
Administrator of the Federal Aviation Administration shall
have sole jurisdiction over the maintenance and operations of
aircraft owned by civilian operators and type-certificated in
the restricted category under section 21.25 of title 14, Code
of Federal Regulations.
SEC. 840. REPORT ON TELEWORK.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Transportation shall submit to the
Committee on
[[Page H3796]]
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committees on
Appropriations of the Senate and the House of Representatives
a detailed report on any direct and indirect costs and
inefficiencies associated with COVID-era telework policies at
the Federal Aviation Administration.
SEC. 841. CREWMEMBER PUMPING GUIDANCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue guidance to part 121 air
carriers relating to the expression of milk by crewmembers on
an aircraft during noncritical phases of flight, consistent
with the performance of the crewmember's duties aboard the
aircraft. The guidance shall be equally applicable to any
lactating crewmember. In developing the guidance, the
Administrator shall--
(1) consider multiple methods of expressing breast milk
that could be used by crewmembers, including the use of
wearable lactation technology; and
(2) ensure the guidance will not require an air carrier or
foreign air carrier to incur significant expense, such as
through--
(A) the addition of an extra crewmember in response to
providing a break;
(B) removal or retrofitting of seats on the aircraft; or
(C) modification or retrofitting of an aircraft.
(b) Definitions.--In this section:
(1) Crewmember.--The term ``crewmember'' has the meaning
given such term in section 1.1 of title 14, Code of Federal
Regulations.
(2) Critical phases of flight.--The term ``critical phases
of flight'' has the meaning given such term in section
121.542 of title 14, Code of Federal Regulations.
(3) Part 121.--The term ``part 121'' means part 121 of
title 14, Code of Federal Regulations.
(c) Aviation Safety.--Nothing in this section shall limit
the authority of the Administrator relating to aviation
safety under subtitle VII of title 49, United States Code.
SEC. 842. AIRCRAFT INTERCHANGE AGREEMENT LIMITATIONS.
(a) Study.--Not later than 90 days after the date of
enactment of this Act, the Administrator of Federal Aviation
Administration shall conduct a study of foreign interchange
agreements.
(b) Contents.--In carrying out the study required under
subsection (a), the Administrator shall address the
following:
(1) Methods for updating regulations under part 121.569 of
title 14, Code of Federal Regulations, for foreign
interchange agreements.
(2) Time limits for foreign aircraft interchange
agreements.
(3) Minimum breaks between foreign aircraft interchange
agreements.
(4) Limits for no more than 1 foreign aircraft interchange
agreement between 2 airlines.
(5) Limits for no more than 2 foreign aircraft on the
interchange agreement.
SEC. 843. FEDERAL AVIATION ADMINISTRATION ACADEMY AND
FACILITY EXPANSION PLAN.
(a) Plan.--
(1) In general.--No later than 90 days after the date of
enactment of this section, the Administrator of the Federal
Aviation Administration shall initiate the development of a
plan to--
(A) expand overall Federal Aviation Administration capacity
relating to facilities, instruction, equipment, and training
resources to grow the number of developmental air traffic
controllers enrolled per fiscal year and support increases in
FAA air controller staffing to advance the safety of the
national airspace system; and
(B) establish a second FAA Academy.
(2) Considerations.--In developing the plan under paragraph
(1), the Administrator shall consider--
(A) the resources needed to support an increase in the
total number of developmental air traffic controllers
enrolled at the FAA 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 Federal Aviation
Administration 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 Federal Aviation Administration-
owned facilities and classroom space and identifying
potential opportunities for new construction;
(G) the costs of--
(i) expanding Federal Aviation Administration 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 Federal Aviation Administration 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 1 year after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate the plan developed under
subsection (a).
(c) Briefing.--Not later than 180 days after the submission
of the plan under subsection (b), the Administrator shall
brief the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the plan,
including the implementation of the plan.
TITLE IX--NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2023
SEC. 901. SHORT TITLE.
This title may be cited as the ``National Transportation
Safety Board Amendments Act of 2023''.
SEC. 902. AUTHORIZATION OF APPROPRIATIONS.
Section 1118(a) of title 49, United States Code, is amended
to read as follows:
``(a) In General.--There are authorized to be appropriated
for the purposes of this chapter $142,000,000 for fiscal year
2024, $145,000,000 for fiscal year 2025, $150,000,000 for
fiscal year 2026, $155,000,000 for fiscal year 2027, and
$161,000,000 for fiscal year 2028. Such sums shall remain
available until expended.''.
SEC. 903. CLARIFICATION OF TREATMENT OF TERRITORIES.
Section 1101 of title 49, United States Code, is amended to
read as follows:
``Sec. 1101. Definitions
``(a) In General.--In this chapter:
``(1) Accident.--The term `accident' includes damage to or
destruction of vehicles in surface or air transportation or
pipelines, regardless of whether the initiating event is
accidental or otherwise.
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, American Samoa, the Northern Mariana Islands, and
Guam.
``(b) Applicability of Other Definitions.--Section 2101(23)
of title 46 and section 40102(a) shall apply to this
chapter.''.
SEC. 904. ADDITIONAL WORKFORCE TRAINING.
(a) Training on Emerging Transportation Technologies.--
Section 1113(b)(1) of title 49, United States Code, is
amended--
(1) in subparagraph (I) by striking ``; and'' and inserting
a semicolon;
(2) in subparagraph (J) by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(K) notwithstanding section 3301 of title 41, acquire
training on emerging transportation technologies.''.
(b) Additional Training Needs.--Section 1115(d) of title
49, United States Code, is amended by inserting ``and in
those subjects furthering the personnel and workforce
development needs set forth in the strategic workforce plan
of the Board as required under section 1113(h)'' after ``of
accident investigation''.
SEC. 905. ACQUIRING MISSION-ESSENTIAL KNOWLEDGE AND SKILLS.
Section 1113(b) of title 49, United States Code, is amended
by adding at the end the following:
``(3) Direct Hire Authority.--
``(A) In general.--Notwithstanding section 3304 and
sections 3309 through 3318 of title 5, the Chairman may, on a
determination that there is a severe shortage of candidates
or a critical hiring need for particular positions, recruit
and directly appoint into the competitive service highly
qualified personnel with specialized knowledge important to
the function of the Board.
``(B) Limitation.--The authority granted under subparagraph
(A) shall terminate on the date that is 5 years after the
date of the enactment of this paragraph.
``(C) Exception.--The authority granted under subparagraph
(A) shall not apply to positions in the excepted service or
the Senior Executive Service.
``(D) Requirements.--In exercising the authority granted
under subparagraph (A), the Board shall ensure that any
action taken by the Board--
``(i) is consistent with the merit principles of section
2301 of title 5; and
``(ii) complies with the public notice requirements of
section 3327 of title 5.''.
SEC. 906. OVERTIME ANNUAL REPORT TERMINATION.
Section 1113(g)(5) of title 49, United States Code, is
repealed.
SEC. 907. STRATEGIC WORKFORCE PLAN.
Section 1113 of title 49, United States Code, is amended by
adding at the end the following:
``(h) Strategic Workforce Plan.--
``(1) In general.--The Board shall develop a strategic
workforce plan that addresses the immediate and long-term
workforce needs of the Board with respect to carrying out the
authorities and duties of the Board under this chapter.
``(2) Aligning the workforce to strategic goals.--In
developing the strategic workforce plan under paragraph (1),
the Board shall take into consideration--
``(A) the current state and capabilities of the Board,
including a high-level review of mission requirements,
structure, workforce, and performance of the Board;
``(B) the significant workforce trends, needs, issues, and
challenges with respect to the Board and the transportation
industry;
``(C) the workforce policies, strategies, performance
measures, and interventions to mitigate succession risks that
guide the workforce investment decisions of the Board;
``(D) a workforce planning strategy that identifies
workforce needs, including the knowledge, skills, and
abilities needed to recruit and retain skilled employees at
the Board;
``(E) a workforce management strategy that is aligned with
the mission, goals, and organizational objectives of the
Board;
``(F) an implementation system for workforce goals focused
on addressing continuity of leadership and knowledge sharing
across the Board;
[[Page H3797]]
``(G) an implementation system that addresses workforce
competency gaps, particularly in mission-critical
occupations; and
``(H) a system for analyzing and evaluating the performance
of the Board's workforce management policies, programs, and
activities.
``(3) Planning period.--The strategic workforce plan
developed under paragraph (1) shall address a 5-year forecast
period, but may include planning for longer periods based on
information about trends in the transportation sector.
``(4) Plan updates.--The Board shall update the strategic
workforce plan developed under paragraph (1) not less than
once every 5 years.
``(5) Relationship to strategic plan.--The strategic
workforce plan developed under paragraph (1) may be developed
separately from, or incorporated into, the strategic plan
required under section 306 of title 5.
``(6) Availability.--The strategic workforce plan under
paragraph (1) and the strategic plan required under section
306 of title 5 shall be--
``(A) submitted to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate; and
``(B) made available to the public on a website of the
Board.''.
SEC. 908. TRAVEL BUDGETS.
(a) In General.--Section 1113 of title 49, United States
Code, is further amended by adding at the end the following:
``(i) Nonaccident Related Travel Budget.--
``(1) In general.--The Board shall establish annual fiscal
year budgets for non accident-related travel expenditures for
each Board member which shall be incorporated into the annual
budget request of the Board.
``(2) Notification.--The Board shall notify the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of any non accident-related
travel budget overrun for any Board member not later than 30
days of such overrun becoming known to the Board.''.
(b) Conforming Amendment.--Section 9 of the National
Transportation Safety Board Amendments Act of 2000 (49 U.S.C.
1113 note) is repealed.
SEC. 909. RETENTION OF RECORDS.
Section 1113 of title 49, United States Code, is further
amended by adding at the end the following:
``(j) Retention of Records.--Notwithstanding chapters 21,
29, 31, and 33 of title 44, the Board may retain
investigative records for such periods as determined by the
Board.''.
SEC. 910. NONDISCLOSURE OF INTERVIEW RECORDINGS.
(a) In General.--Section 1114 of title 49, United States
Code, is amended--
(1) in subsection (b)--
(A) in the subsection heading by striking ``Trade Secrets''
and inserting ``Certain Confidential Information''; and
(B) in paragraph (1)--
(i) by striking ``The Board'' and inserting ``In general.--
The Board''; and
(ii) by striking ``information related to a trade secret
referred to in section 1905 of title 18'' and inserting
``confidential information described in section 1905 of title
18, including trade secrets,''; and
(2) by adding at the end the following:
``(h) Interview Recordings.--
``(1) In general.--The Board may not publicly disclose any
part of any audio or video recording of an interview of
participants in, or witnesses to, an accident or incident
investigated by the Board.
``(2) Savings provision.--Paragraph (1) shall not be
construed to apply to transcripts or summaries of such
interviews.''.
(b) Aviation Enforcement.--Section 1151 of title 49, United
States Code, is amended by adding at the end the following:
``(d) Notification to Congress.--If the Board or Attorney
General carry out such civil actions described in subsection
(a) or (b) of this section against an airman employed at the
time of the accident or incident by an air carrier operating
under part 121 of title 14, Code of Federal Regulations, the
Board shall immediately notify the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of such civil actions,
including--
``(1) the labor union representing the airman involved, if
applicable;
``(2) the air carrier at which the airman is employed;
``(3) the docket information of the incident or accident in
which the airman was involved;
``(4) the date of such civil actions taken by the Board or
Attorney General; and
``(5) a description of why such civil actions were taken by
the Board or Attorney General.
``(e) Subsequent Notification to Congress.--Not later than
15 days after the notification described in subsection (d),
the Board shall submit a report to or brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the status of
compliance with the civil actions taken.''.
SEC. 911. CLOSED UNACCEPTABLE RECOMMENDATIONS.
Section 1116(c) of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) a list of each recommendation made by the Board to
the Secretary of Transportation or the Commandant of the
Coast Guard that was closed in an unacceptable status in the
preceding 12 months;''.
SEC. 912. ESTABLISHMENT OF OFFICE OF OVERSIGHT,
ACCOUNTABILITY, AND QUALITY ASSURANCE.
(a) In General.--Subchapter II of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 1120. Office of Oversight, Accountability, and Quality
Assurance
``(a) Establishment.--Not later than 1 year after the date
of enactment of this section, the Board shall establish in
the National Transportation Safety Board an Office of
Oversight, Accountability, and Quality Assurance to provide
oversight of the duties and responsibilities of the Board.
``(b) Director.--
``(1) Appointment.--The head of the Office of Oversight,
Accountability, and Quality Assurance shall be the Director,
who shall be appointed by the Chairman of the Board and shall
be approved by the Board.
``(2) Qualifications.--The Director shall have demonstrated
ability in investigations.
``(3) Term.--The Director shall be appointed for a term of
5 years.
``(4) Vacancies.--Any individual approved to fill a vacancy
in the position of the Director occurring before the
expiration of the term for which the predecessor of the
individual was approved shall be approved for the remainder
of the term or for a new term.
``(c) Duties.--The Director shall--
``(1) establish and ensure policies that promote integrity,
efficiency, and effectiveness;
``(2) prevent and detect waste, fraud, and abuse in
programs and operations;
``(3) provide policy direction related to the conduct,
supervision, and coordination of audits and investigations
relating to the activities of the Board;
``(4) identify trends and systemic issues within the agency
and create strategies and recommendations to address such
issues;
``(5) conduct impartial information gathering about
complaints or concerns, and ensure the Board is meeting any
quality and timeliness standards; and
``(6) not conduct any of the duties under this subsection
in a manner that interferes with an ongoing safety
investigation of the Board.
``(d) Reporting Criminal Violations to Department of
Justice.--If the Director has reasonable grounds to believe
that there has been a violation of Federal criminal law, the
Director shall refer the matter to the Department of Justice.
``(e) Savings Clause.--Nothing in this section shall be
construed to interfere or give the Office jurisdiction over
any active investigation by the Board or the content of
products approved by a vote of the Board.
``(f) Annual Report.--
``(1) In general.--The Director shall submit to the Board,
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate an annual report on
the activities, investigations, findings, and recommendations
of the Director.
``(2) Sunset.--This subsection shall cease to have effect
on October 1, 2028.''.
(b) Clerical Amendment.--The analysis for chapter 11 of
title 49, United States Code, is amended by adding after the
item relating to section 1119 the following:
``1120. Office of Oversight, Accountability, and Quality Assurance.''.
(c) Peer Review.--Not earlier than 3 years after the date
of enactment of this Act and not later than 5 years after the
date of enactment of this Act, the Director of the Office of
Oversight, Accountability, and Quality Assurance of the
National Transportation Safety Board shall enter into the
necessary arrangements with an inspector general, or similar
Federal entity, to perform a peer review of the Office.
SEC. 913. MISCELLANEOUS INVESTIGATIVE AUTHORITIES.
(a) Highway Investigations.--Section 1131(a)(1)(B) of title
49, United States Code, is amended by striking ``selects in
cooperation with a State'' and inserting ``selects,
concurrent with any State investigation''.
(b) Rail Investigations.--Section 1131(a)(1)(C) of title
49, United States Code, is amended by striking ``accident in
which there is a fatality or substantial property damage, or
that involves a passenger train'' and inserting ``accident,
including a railroad grade crossing or trespasser accident
that the Board selects, or in which there is otherwise a
fatality or substantial property damage, or that involves a
passenger train''.
SEC. 914. PUBLIC AVAILABILITY OF ACCIDENT REPORTS.
Section 1131(e) of title 49, United States Code, is amended
by striking ``public at reasonable cost.'' and inserting the
following: ``public
``(1) in printed form at reasonable cost; and
``(2) in electronic form at no cost in a publicly
accessible database on a website of the Board.''.
SEC. 915. ENSURING ACCOUNTABILITY FOR TIMELINESS OF REPORTS.
Section 1131 of title 49, United States Code, is amended by
adding at the end the following:
``(f) Timeliness of Reports.--If any accident report under
subsection (e) is not completed within 2 years from the date
of the accident, the Board shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report identifying such
accident report and the reasons for which such report has not
been completed. The Board shall report progress toward
completion of the accident report to each such Committees
every 90 days thereafter, until such time as the accident
report is completed.''.
SEC. 916. ENSURING ACCESS TO DATA.
Section 1134 of title 49, United States Code, is amended by
adding at the end the following:
[[Page H3798]]
``(g) Recorders and Data.--In investigating an accident
under this chapter, the Board may--
``(1) obtain any recorder or recorded information pertinent
to the accident;
``(2) require a manufacturer or the vendors, suppliers, or
affiliates of such manufacturer, to provide to the Board,
without delay, information the Board determines necessary to
enable the Board to read and interpret any recording device
or recorded information pertinent to the accident; and
``(3) require a manufacturer or the vendors, suppliers, or
affiliates of such manufacturer, to provide to the Board,
without delay, data and other intellectual property the Board
determines necessary to enable the Board to perform
independent physics-based simulations and analyses of the
accident situation.''.
SEC. 917. PUBLIC AVAILABILITY OF SAFETY RECOMMENDATIONS.
Section 1135(c) of title 49, United States Code, is amended
by striking ``public at reasonable cost.'' and inserting the
following: ``public--
``(1) in printed form at reasonable cost; and
``(2) in electronic form in a publicly accessible database
on a website of the Board at no cost.''.
SEC. 918. IMPROVING DELIVERY OF FAMILY ASSISTANCE.
(a) Aircraft Accidents.--Section 1136 of title 49, United
States Code, is amended--
(1) in the heading by striking ``to families of passengers
involved in aircraft accidents'' and inserting ``to
passengers involved in aircraft accidents and families of
such passengers'';
(2) in subsection (a)--
(A) by inserting ``within United States airspace or
airspace delegated to the United States'' after ``aircraft
accident'';
(B) by striking ``National Transportation Safety Board
shall'' and inserting ``Board shall''; and
(C) in paragraph (2)--
(i) by striking ``emotional care and support'' and
inserting ``emotional, psychological, and spiritual care and
support services''; and
(ii) by striking ``the families of passengers involved in
the accident'' and inserting ``passengers involved in the
accident and the families of such passengers'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``the families of passengers involved in the accident'' and
inserting ``passengers involved in the accident and the
families of such passengers'';
(B) in paragraph (1) by striking ``mental health and
counseling services'' and inserting ``emotional,
psychological, and spiritual care and support services'';
(C) in paragraph (3)--
(i) by striking ``the families who have traveled to the
location of the accident'' and inserting ``passengers
involved in the accident and the families of such passengers
who have traveled to the location of the accident''; and
(ii) by inserting ``passengers and'' before ``affected
families''; and
(D) in paragraph (4), by inserting ``passengers and''
before ``families'';
(4) by amending subsection (d) to read as follows:
``(d) Passenger Lists.--
``(1) Requests for passenger lists by the director of
family services.--
``(A) Requests by director of family support services.--It
shall be the responsibility of the director of family support
services designated for an accident under subsection (a)(1)
to request, as soon as practicable, from the air carrier or
foreign air carrier involved in the accident a passenger
list, which is based on the best available information at the
time of the request.
``(B) Use of information.--The director of family support
services may not release to any person information on a list
obtained under subparagraph (A), except that the director
may, to the extent the director considers appropriate,
provide information on the list about a passenger to--
``(i) the family of the passenger; or
``(ii) a local, State, or Federal agency responsible for
determining the whereabouts or welfare of a passenger.
``(2) Requests for passenger lists by designated
organization.--
``(A) Requests by designated organization.--The
organization designated for an accident under subsection
(a)(2) may request from the air carrier or foreign air
carrier involved in the accident a passenger list.
``(B) Use of information.--The designated organization may
not release to any person information on a passenger list but
may provide information on the list about a passenger to the
family of the passenger to the extent the organization
considers appropriate.'';
(5) in subsection (g)(1) by striking ``the families of
passengers involved in the accident'' and inserting
``passengers involved in the accident and the families of
such passengers'';
(6) in subsection (g)(3)--
(A) in the paragraph heading by striking ``prevent mental
health and counseling'' and inserting ``prevent certain care
and support'';
(B) by striking ``providing mental health and counseling
services'' and inserting ``providing emotional,
psychological, and spiritual care and support''; and
(C) by inserting ``passengers and'' before ``families'';
(7) in subsection (h)--
(A) by striking ``National Transportation Safety''; and
(B) by adding at the end the following:
``(3) Passenger list.--The term `passenger list' means a
list based on the best available information at the time of a
request, of the name of each passenger aboard the aircraft
involved in the accident.''; and
(8) in subsection (i) by striking ``the families of
passengers involved in an aircraft accident'' and inserting
``passengers involved in the aircraft accident and the
families of such passengers''.
(b) Clerical Amendment.--The analysis for chapter 11 of
title 49, United States Code, is further amended by striking
the item relating to section 1136 and inserting the
following:
``1136. Assistance to passengers involved in aircraft accidents and
families of such passengers.''.
(c) Rail Accidents.--Section 1139 of title 49, United
States Code, is amended--
(1) in the heading by striking ``to families of passengers
involved in rail passenger accidents'' and inserting ``to
passengers involved in rail passenger accidents and families
of such passengers'';
(2) in subsection (a) by striking ``National Transportation
Safety Board shall'' and inserting ``Board shall'';
(3) in subsection (a)(2)--
(A) by striking ``emotional care and support'' and
inserting ``emotional, psychological and spiritual care and
support services''; and
(B) by striking ``the families of passengers involved in
the accident'' and inserting ``passengers involved in the
accident and the families of such passengers'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1) by striking ``the
families of passengers involved in the accident'' and
inserting ``passengers involved in the accident and the
families of such passengers'';
(B) in paragraph (1) by striking ``mental health and
counseling services'' and inserting ``emotional,
psychological, and spiritual care and support services'';
(C) in paragraph (3)--
(i) by striking ``the families who have traveled to the
location of the accident'' and inserting ``passengers
involved in the accident and the families of such passengers
who have traveled to the location of the accident''; and
(ii) by inserting ``passengers and'' before ``affected
families''; and
(D) in paragraph (4), by inserting ``passengers and''
before ``families'';
(5) by amending subsection (d) to read as follows:
``(d) Passenger Lists.--
``(1) Requests for passenger lists by the director of
family services.--
``(A) Requests by director of family support services.--It
shall be the responsibility of the director of family support
services designated for an accident under subsection (a)(1)
to request, as soon as practicable, from the rail passenger
carrier involved in the accident a passenger list, which is
based on the best available information at the time of the
request.
``(B) Use of information.--The director of family support
services may not release to any person information on a list
obtained under subparagraph (A), except that the director
may, to the extent the director considers appropriate,
provide information on the list about a passenger to--
``(i) the family of the passenger; or
``(ii) a local, State, or Federal agency responsible for
determining the whereabouts or welfare of a passenger.
``(2) Requests for passenger lists by designated
organization.--
``(A) Requests by designated organization.--The
organization designated for an accident under subsection
(a)(2) may request from the rail passenger carrier involved
in the accident a passenger list.
``(B) Use of information.--The designated organization may
not release to any person information on a passenger list but
may provide information on the list about a passenger to the
family of the passenger to the extent the organization
considers appropriate.'';
(6) in subsection (g)(1), by striking ``the families of
passengers involved in the accident'' and inserting
``passengers involved in the accident and the families of
such passengers'';
(7) in subsection (g)(3)--
(A) in the paragraph heading, by striking ``prevent mental
health and counseling'' and inserting ``prevent certain care
and support'';
(B) by striking ``providing mental health and counseling
services'' and inserting ``providing emotional,
psychological, and spiritual care and support''; and
(C) by inserting ``passengers and'' before ``families'';
and
(8) in subsection (h)--
(A) by striking ``National Transportation Safety''; and
(B) by adding at the end the following:
``(4) Passenger list.--The term `passenger list' means a
list based on the best available information at the time of
the request, of the name of each passenger aboard the rail
passenger carrier's train involved in the accident. A rail
passenger carrier shall use reasonable efforts, with respect
to its unreserved trains, and passengers not holding
reservations on its other trains, to ascertain the names of
passengers aboard a train involved in an accident.''.
(d) Plans To Address Needs of Families of Passengers
Involved in Rail Passenger Accidents.--Section 24316(a) of
title 49, United States Code, is amended by striking ``a
major'' and inserting ``any''.
(e) Clerical Amendment.--The analysis for chapter 11 of
title 49, United States Code, is further amended by striking
the item relating to section 1139 and inserting the
following:
``1139. Assistance to passengers involved in rail passenger accidents
and families of such passengers.''.
[[Page H3799]]
SEC. 919. UPDATING CIVIL PENALTY AUTHORITY.
Section 1155 of title 49, United States Code, is amended--
(1) in the heading, by striking ``Aviation penalties'' and
inserting ``Penalties''; and
(2) in subsection (a), by striking ``or section 1136(g)
(related to an aircraft accident)'' and inserting ``section
1136(g), or 1139(g)''.
SEC. 920. ELECTRONIC AVAILABILITY OF PUBLIC DOCKET RECORDS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the National Transportation Safety
Board shall make all records included in the public docket of
an accident or incident investigation conducted by the Board
(or the public docket of a study, report, or other product
issued by the Board) electronically available in a publicly
accessible database on a website of the Board, regardless of
the date on which such public docket or record was created.
(b) Database.--In carrying out subsection (a), the Board
may utilize the multimodal accident database management
system established pursuant to section 1108 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 1119 note) or such
other publicly available database as the Board determines
appropriate.
(c) Briefings.--The Board shall provide the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual briefing on the
implementation of this section until requirements of
subsection (a) are fulfilled. Such briefings shall include--
(1) the number of public dockets that have been made
electronically available pursuant to this section; and
(2) the number of public dockets that were unable to be
made electronically available, including all reasons for such
inability.
(d) Definitions.--In this section, the terms ``public
docket'' and ``record'' have the same meanings given such
terms in section 801.3 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this
Act.
SEC. 921. DRUG-FREE WORKPLACE.
Not later than 12 months after the date of enactment of
this Act, the National Transportation Safety Board shall
implement a drug testing program applicable to Board
employees, including employees in safety or security
sensitive positions, in accordance with Executive Order 12564
(51 Fed. Reg. 32889).
SEC. 922. ACCESSIBILITY IN WORKPLACE.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the National Transportation Safety
Board shall conduct an assessment of the headquarters and
regional offices of the Board to determine barriers to
accessibility to facilities.
(b) Contents.--In conducting the assessment under
subsection (a), the Board shall consider--
(1) compliance with--
(A) the Architectural Barriers Act of 1968 (42 U.S.C. 4151
et seq.) and the corresponding accessibility guidelines
established under part 1191 of title 36, Code of Federal
Regulations; and
(B) the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); and
(2) the best accessibility practices that exceed the
requirements and recommendations of the Acts and guidelines
described in paragraph (1).
SEC. 923. MOST WANTED LIST.
(a) Termination of Publication.--Not later than 90 days
after the date of enactment of this Act, the Chairman of the
National Transportation Safety Board shall terminate
publication of the Most Wanted List and any activities
associated with production of any future Most Wanted List.
(b) Rules of Construction.--Nothing in this section shall
be construed to prohibit the Board from--
(1) conducting advocacy activities unrelated to the Most
Wanted List that the Board had the authority to conduct prior
to the date of enactment of this Act; and
(2) maintaining materials related to previously issued Most
Wanted Lists.
(c) Most Wanted List Defined.--In this section, the term
``Most Wanted List'' has the meaning given such term in
section 1102 of the FAA Reauthorization Act of 2018 (49
U.S.C. 1101 note).
SEC. 924. TECHNICAL CORRECTIONS.
(a) Evaluation and Audit of National Transportation Safety
Board.--Section 1138(a) of title 49, United States Code, is
amended by striking ``expenditures of the National
Transportation Safety'' and inserting ``expenditures of
the''.
(b) Organization and Administrative.--The analysis for
chapter 11 of title 49, United States Code, is further
amended--
(1) by striking the items relating to sections 117 and
1117; and
(2) by inserting after the item relating to section 1116
the following:
``1117. Methodology.''.
(c) Surface Transportation Board.--The analysis for
subtitle II of title 49, United States Code, is amended by
inserting after the item relating to chapter 11 the
following:
``13. Surface Transportation Board.''.
TITLE X--FREEDOM TO FLY ACT OF 2023
SECTION 1001. SHORT TITLE.
This title may be cited as the ``Freedom to Fly Act of
2023''.
SEC. 1002. PROHIBITION ON IMPLEMENTATION OF VACCINATION
MANDATE.
The Administrator may not implement or enforce any
requirement that employees of air carriers be vaccinated
against COVID-19.
SEC. 1003. PROHIBITION ON VACCINATION REQUIREMENTS FOR FAA
CONTRACTORS.
The Administrator may not require any contractor to mandate
that employees of such contractor obtain a COVID-19 vaccine
or enforce any condition regarding COVID-19 vaccination
status of employees of a contractor.
SEC. 1004. PROHIBITION ON VACCINE MANDATE FOR FAA EMPLOYEES.
The Administrator may not implement or enforce any
requirement that employees of the Administration be
vaccinated against COVID-19.
SEC. 1005. PROHIBITION ON VACCINE MANDATE FOR PASSENGERS OF
AIR CARRIERS.
The Administrator may not implement or enforce any
requirement that passengers of air carriers be vaccinated
against COVID-19.
SEC. 1006. PROHIBITION ON IMPLEMENTATION OF A MASK MANDATE.
The Administrator may not implement or enforce any
requirement that employee of air carriers wear a mask.
SEC. 1007. PROHIBITION ON MASK MANDATES FOR FAA CONTRACTORS.
The Administrator may not require any contractor to mandate
that employees of such contractor wear a mask.
SEC. 1008. PROHIBITION ON MASK MANDATE FOR FAA EMPLOYEES.
The Administrator may not implement or enforce any
requirement that employees of the Administration wear a mask.
SEC. 1009. PROHIBITION ON MASK MANDATE FOR PASSENGERS OF AIR
CARRIERS.
The Administrator may not implement or enforce any
requirement that passengers of air carriers wear a mask.
SEC. 1010. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administration'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
TITLE XI--FAA RESEARCH AND DEVELOPMENT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``FAA Research and
Development Act of 2023''.
SEC. 1102. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
Subtitle A--Authorization of Appropriations
SEC. 1111. AUTHORIZATION OF APPROPRIATIONS.
Subsection (a) of section 48102 of title 49, United States
Code, is amended--
(1) in paragraph (14), by striking ``and'';
(2) in paragraph (15) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(16) $255,130,000; for fiscal year 2024;
``(17) $261,000,000 for fiscal year 2025;
``(18) $267,000,000 for fiscal year 2026;
``(19) $273,000,000 for fiscal year 2027; and
``(20) $279,000,000 for fiscal year 2028.''.
Subtitle B--FAA Research and Development Organization
SEC. 1121. REPORT ON IMPLEMENTATION; FUNDING FOR SAFETY
RESEARCH AND DEVELOPMENT.
Not later than one year after the date of the enactment of
this title, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a
report on the allocation of funding pursuant to section 48102
of title 49, United States Code, to the Secretary of
Transportation to conduct civil aviation research and
development and to assess the implementation of section
48102(b)(2) of such title.
Subtitle C--FAA Research and Development Activities
SEC. 1131. AVIATION FUEL RESEARCH, DEVELOPMENT, AND USAGE.
(a) Roadmap.--Not later than nine months after the date of
the enactment of this title, the Secretary of Transportation
shall coordinate with the Administrator of NASA, the
Secretary of Energy, and the Administrator of the
Environmental Protection Agency, and consult relevant
stakeholders, including those in industry and academia, to
prepare and submit to the appropriate committees of Congress
a coordinated research and development roadmap to safely
eliminate the use of leaded aviation fuel in existing and
future certified piston-engine aircraft. Such roadmap shall--
(1) identify activities to accelerate the development,
testing, and certification of safe and lead-free fuel for use
in general aviation aircraft, including requisite airport
refueling infrastructure; and
(2) consider the feasibility of widespread use of such safe
and lead-free aviation fuel by not later than 2028.
(b) Partnership With Private Industry.--The Administrator
shall coordinate with industry and pilot operators regarding
research programs for mass production and distribution of
unleaded aviation gasoline for market viability engine
safety, and define criteria to explore incentive programs to
reduce lead emissions for communities in need.
SEC. 1132. CONTINUOUS LOWER ENERGY, EMISSION, AND NOISE
(CLEEN).
The Administrator shall consider expanding the CLEEN
program under section 47511 of title
[[Page H3800]]
49, United States Code, and broadening eligibility for the
CLEEN program to new entrants to the aviation system.
SEC. 1133. STRATEGY ON HYDROGEN AVIATION RESEARCH AND
DEVELOPMENT.
(a) In General.--The Administrator, in consultation with
the Administrator of NASA and the heads of other relevant
Federal agencies, shall lead the development of a research
and development strategy on the safe use of hydrogen as part
of a sustainable future for aviation. Such strategy shall
consider the following:
(1) The feasibility, opportunities, challenges, and
pathways toward the potential and safe uses of hydrogen in
aviation.
(2) The use of hydrogen in addition to research and
development efforts, including electrification, operational
efficiencies and other alternatives to traditional aviation
fuel.
(b) Transmittal.--Not later than one year after the date of
the enactment of the Act, the Administrator shall transmit to
the appropriate committees of Congress the research and
development strategy required under subsection (a).
(c) Research and Development.--Based on the results of the
research and development strategy under subsection (a), the
Administrator, in coordination with the Administrator of
NASA, may conduct research and development activities into
the following:
(1) The qualification of hydrogen aviation fuel.
(2) The safe transition to such fuel for aircraft.
(3) The advancement of certification efforts for such fuel.
(4) Risk mitigation measures for the use of such fuel in
aircraft systems, including propulsion and storage systems.
SEC. 1134. REPORT ON FUTURE ELECTRIC GRID RESILIENCY.
Not later than two years after the date of the enactment of
this title, the Administrator, in coordination with the
Secretary of Energy, shall submit to the appropriate
committees of Congress a report on the model use of the
electrical grid to support future electric advanced air
mobility, including cost, challenges, and opportunities for
clean generation of electricity relating to such support.
SEC. 1135. AIR TRAFFIC SURVEILLANCE OVER OCEANS AND OTHER
REMOTE LOCATIONS.
(a) Air Traffic Surveillance Over Oceans.--Subject to the
availability of appropriations for such purpose, the
Administrator, in consultation with the Administrator of NASA
and the heads of other relevant Federal agencies, shall carry
out research, development, demonstration, and testing on
civilian air traffic surveillance over oceans and other
remote locations.
(b) Requirements.--In carrying out the research,
development, demonstration, and testing under subsection (a),
the Administrator shall--
(1) consider the need for international interoperability of
technologies, data, operations, and air traffic control
systems;
(2) examine the status of using air traffic surveillance
technologies, including space-based Automatic Dependent
Surveillance-Broadcast, to facilitate the implementation of
minimal separation standards over United States-controlled
oceanic airspace;
(3) identify mitigating approaches to reducing any
operational challenges, associated costs, or workload
impacts; and
(4) use testing, data collection, evaluation, and analysis
on the use of air traffic surveillance technologies,
including space-based Automatic Dependent Surveillance-
Broadcast, to support the activities described in paragraphs
(1) through (3).
(c) Pilot Program.--The Administrator may carry out a pilot
program to test and evaluate air traffic surveillance
equipment over United States-controlled oceanic airspace and
other remote locations.
(d) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to
the appropriate committees of Congress a report on the
activities carried out under this section.
SEC. 1136. UTILIZATION OF SPACE-BASED ASSETS TO IMPROVE AIR
TRAFFIC CONTROL AND AVIATION SAFETY.
(a) In General.--Subject to the availability of
appropriations for such purpose, the Administrator, in
coordination with the Administrator of NASA, and in
consultation with industry stakeholders, shall carry out
research, development, and testing of the use of air traffic
Space-Based Automatic Dependent Surveillance-Broadcast (ADS-
B) data.
(b) Research Activities.--In carrying out the research,
development, and testing under subsection (a) the
Administrator shall focus on the following:
(1) Monitoring and automatically reporting air turbulence
events.
(2) Providing space-based multilateration surveillance.
(3) Identifying global positioning system (GPS) and global
navigation satellite system (GNSS) disruptions affecting air
traffic services and assessing the impact of such events on
the safety of air traffic and the National Airspace System.
(4) Evaluating the feasibility of implementing and using
aviation safety technologies and systems using space-based
Automatic Dependent Surveillance-Broadcast data.
(c) Report.--Not later than 180 days after the date of the
enactment of this title, the Administrator shall provide to
the appropriate committees of Congress a report on the
research and development under subsection (a) and the
activities researched pursuant to subsection (b).
SEC. 1137. AVIATION WEATHER TECHNOLOGY REVIEW.
(a) Review.--The Administrator, in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration, shall conduct a review of current and planned
research, modeling, and technology capabilities that have the
potential to more accurately detect and predict weather
impacts to aviation, including for unmanned aircraft systems
and advanced air mobility operations, inform how advanced
predictive models can enhance aviation operations, and
increase national airspace system safety and efficiency.
(b) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to
the appropriate committees of Congress a report containing
the results of the review conducted under subsection (a).
SEC. 1138. AIR TRAFFIC SURFACE OPERATIONS SAFETY.
(a) Research.--Subject to the availability of
appropriations for such purpose, the Administrator, in
consultation with the Administrator of NASA and the heads of
other appropriate Federal agencies, shall continue to carry
out research on technologies and operations to enhance air
traffic surface operations safety.
(b) Requirements.--The research program under subsection
(a) shall examine the following:
(1) The safety of current air traffic control operations
related to air traffic surface operations.
(2) Emerging in-cockpit technologies to enhance ground
situational awareness.
(3) Emerging technologies to enhance air traffic control
situational awareness.
(4) Air traffic surface operations safety for diverse
advanced air mobility operations.
(5) Safety and operational data needed to inform current
and future safety programs on advanced air mobility vehicles.
(6) Economic benefits of utilizing existing airport
infrastructure for use in advanced air mobility operations.
(c) Report.--Not later than 18 months after the date of the
enactment of this title, the Administrator shall submit to
the appropriate committees of Congress a report on the
research carried out under this section, including regarding
the transition into operational use of such research.
SEC. 1139. AIRPORT AND AIRFIELD PAVEMENT TECHNOLOGY RESEARCH
PROGRAM.
Section 744 of the FAA Reauthorization Act of 2018 (Public
Law 115-254; 49 U.S.C. 44505 note) is amended--
(1) in paragraph (3), by striking ``and'';
(2) in paragraph (4), by striking ``durable airfield
pavements.'' and inserting ``resilient and sustainable
airfield and vertiport pavements; and''; and
(3) by adding at the end the following new paragraph:
``(5) develop sustainability and resiliency guidelines to
improve long-term pavement performance and reduce carbon
emissions.''.
SEC. 1140. TECHNOLOGY REVIEW OF ARTIFICIAL INTELLIGENCE AND
MACHINE LEARNING TECHNOLOGIES.
(a) Review.--The Administrator shall conduct a review of
current and planned artificial intelligence and machine
learning technologies to improve airport efficiency and
safety.
(b) Summaries.--The review conducted under subsection (a)
shall include examination of the application of artificial
intelligence and machine learning technologies to the
following:
(1) Jet bridges.
(2) Airport service vehicles on airport movement areas.
(3) Aircraft taxi.
(4) Any other areas the Administrator determines necessary
to help improve airport efficiency and safety.
(c) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to
the appropriate committees of Congress a report containing
the results of the review conducted under subsection (a). The
report shall also include an examination of China's domestic
application of artificial intelligence and machine learning
technologies identified under subsection (b).
SEC. 1141. RESEARCH PLAN FOR COMMERCIAL SUPERSONIC RESEARCH.
Not later than one year after the date of the enactment of
this title, the Administrator, in consultation with the
Administrator of NASA and industry, shall submit to the
appropriate committees of Congress a comprehensive research
plan to build on existing research and development activities
and identify any further research and development needed to
inform the development of Federal and international policies,
regulations, standards, and recommended practices relating to
the certification and safe and efficient operation of civil
supersonic aircraft and supersonic overland flight.
SEC. 1142. ELECTROMAGNETIC SPECTRUM RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator shall conduct research,
engineering, and development related to the effective and
efficient use and management of radio frequency spectrum in
the civil aviation domain, including for aircraft, unmanned
aircraft systems, and advanced air mobility. Such research,
engineering, and development shall, at a minimum, address the
following:
(1) How reallocation or repurposing of radio frequency
spectrum adjacent to spectrum allocated for communication,
navigation, and surveillance may impact the safety of civil
aviation.
(2) The effectiveness of measures to identify risks,
protect, and mitigate against spectrum interference in
frequency bands used in civil and commercial aviation
operations to ensure public safety.
(b) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to
the appropriate committees of Congress a report containing
the results of the research, engineering, and development
conducted under subsection (a).
[[Page H3801]]
SEC. 1143. AVIATION STRUCTURES, MATERIALS, AND ADVANCED
MANUFACTURING RESEARCH AND DEVELOPMENT.
(a) In General.--Using the amounts available under section
48102(a) of title 49, United States Code, the Administrator,
in coordination with the Director of the National Institute
of Standards and Technology, shall carry out a research and
development program for advancing aviation structures,
materials, and manufacturing for the safe use in and on
aircraft.
(b) Inclusion.--The program under subsection (a) shall, to
the extent practicable, include research and development
relating to the following:
(1) Metallic and non-metallic based additive materials and
processes, composites, and other advanced materials.
(2) Process development for the development of design and
manufacturing standards for aviation structures, materials,
and additive manufacturing.
(3) Improving certification efficiency of aviation
structures, materials, and additively manufactured aviation
products and components.
(4) Evaluating long-term material and structural behavior
and associated maintenance, including support for fatigue
life determination, structural changes related to fatigue,
thermal, corrosive environments, and expected maintenance of
such materials, including recommended repair techniques.
(5) Partnering with commercial entities to mature and
certify, as appropriate, the following capabilities for use
in aircraft manufacturing:
(A) Additive manufacturing, including large-scale additive
manufacturing.
(B) Aviation structures.
(C) Advanced materials capabilities, including the
development and qualification of new material chemistries.
(6) Inspection and quality assurance technologies for use
with complex geometries enabled by advanced manufacturing
methods.
(c) Report.--Not later than 180 days after the date of the
enactment of this title, the Administrator shall provide to
the appropriate committees of Congress a report on the
findings of the research under subsection (a).
SEC. 1144. RESEARCH PLAN ON THE REMOTE TOWER PROGRAM.
(a) In General.--Not later than 180 days after the date of
the enactment of this title, the Administrator shall submit
to the appropriate committees of Congress a comprehensive
plan for research, development, testing, and evaluation
needed to mature remote tower technology and provide a
strategic roadmap to support standards development,
validation, and operational certification of such technology.
(b) Considerations.--As part of the plan required under
subsection (a), the Administrator should consider the use of
remote tower technologies for advanced air mobility
operations.
SEC. 1145. AIR TRAFFIC CONTROL TRAINING.
(a) Research.--Subject to the availability of
appropriations for such purpose, the Administrator shall
carry out a research program to evaluate opportunities to
modernize, enhance, and streamline training time to become a
Certified Professional Controller.
(b) Requirements.--The research under subsection (a)
shall--
(1) assess the use of advanced technologies, such as
artificial intelligence, machine learning, adaptive computer-
based simulation, virtual reality, or augmented reality, to
enhance controller knowledge retention, improve performance,
and improve the effectiveness of training time;
(2) develop a timeline to deploy proven advanced
technologies and associated processes for accreditation in
training programs and training facilities within the national
airspace system; and
(3) include collaboration with labor organizations and
other stakeholders.
(c) Report.--Not later than one year after the date of the
enactment of this title, the Administrator shall submit to
the appropriate committees of Congress a report on the
findings of the research under subsection (a).
SEC. 1146. REPORT ON AVIATION CYBERSECURITY DIRECTIVES.
Not later than 180 days after the date of enactment of this
title, the Administrator shall submit to the appropriate
committees of Congress a report on the status of the FAA's
implementation of section 2111 of the FAA Extension, Safety,
and Security Act of 2016 (Public Law 114-190; 49 U.S.C. 44903
note; relating to the development of a comprehensive and
strategic aviation cybersecurity framework and establishment
of a research and development plan to mitigate cybersecurity
risks in the National Airspace System). The report, at
minimum, shall include the following:
(1) A description of the FAA's progress in developing,
implementing, and updating such framework.
(2) A description of prioritized research and development
activities for the most needed improvements, with target
dates, to safeguard the National Airspace System.
(3) An explanation for any delays or challenges in so
implementing such section.
SEC. 1147. RULE OF CONSTRUCTION REGARDING COLLABORATIONS.
Nothing in this title may be construed as modifying or
limiting existing collaborations, or limiting potential
engagement on future collaborations, between the
Administrator, stakeholders, and labor organizations,
including the exclusive bargaining representative of air
traffic controllers certified under section 7111 of title 5,
United States Code, pertaining to Federal Aviation
Administration research, development, demonstration, and
testing activities.
SEC. 1148. TURBULENCE RESEARCH AND DEVELOPMENT.
(a) In General.--Subject to the availability of
appropriations for such purpose, the Administrator, in
collaboration with the Administrator of the National Oceanic
and Atmospheric Administration, and in consultation with the
Administrator of NASA, shall carry out applied research and
development to--
(1) enhance the monitoring and understanding of severe
turbulence, including clear-air turbulence; and
(2) inform the development of measures to mitigate safety
impacts on crew and the flying public that may result from
severe turbulence.
(b) Research and Development Activities.--In conducting the
research and development on severe turbulence in accordance
with subsection (a), the Administrator shall--
(1) establish processes and procedures for comprehensive
and systematic data collection through both instrumentation
and pilot reporting, of severe turbulence, including clear-
air turbulence;
(2) establish measures for storing and managing such data
collection;
(3) support measures for monitoring and characterizing
incidents of severe turbulence;
(4) consider relevant existing research and development
from other entities, including Federal departments and
agencies, academia, and the private sector; and
(5) carry out research and development--
(A) to understand the impacts of climate change and other
factors on the nature of turbulence, including severe
turbulence and clear-air turbulence;
(B) to enhance turbulence forecasts for flight planning and
execution, seasonal predictions for schedule and route-
planning, and long-term projections of severe turbulence,
including clear-air turbulence; and
(C) on other subject matters areas related to severe
turbulence, as determined by the Administrator; and
(6) support the effective transition of the results of
research and development to operations, where appropriate.
(c) No Duplication.--The Administrator shall ensure that
research and development activities under this section do not
duplicate other Federal programs relating to turbulence.
(d) Turbulence Data.--
(1) Commercial providers.--In conducting research and
development activities under subsection (b), the
Administrator may enter into agreements with commercial
providers for the following:
(A) The purchase of turbulence data.
(B) The placement on aircraft of instruments relevant to
understanding and monitoring turbulence.
(2) Data access.--The Administrator shall make the data
collected pursuant to subsection (b) widely available and
accessible to the scientific research, user, and stakeholder
communities, including the Administrator of the National
Oceanic and Atmospheric Administration, to the greatest
extent practicable and in accordance with Federal Aviation
Administration data management policies.
(e) Report on Turbulence Research.--Not later than 15
months after the date of the enactment of this title, the
Administrator, in collaboration with the Administrator of the
National Oceanic and Atmospheric Administration, shall submit
to the appropriate committees of Congress a report that--
(1) details the activities conducted under this section,
including how the research and development activities under
subsection (b) have contributed to the goals specified in
subsection (a);
(2) assesses the current state of scientific understanding
of the causes, occurrence rates, and past and projected
future trends in occurrence rates of severe turbulence,
including clear-air turbulence;
(3) describes the processes and procedures for collecting,
storing, and managing, data in pursuant to subsection (b);
(4) assesses--
(A) the use of commercial providers pursuant to subsection
(d)(1); and
(B) the need for any future Federal Government collection
or procurement of data and instruments related to turbulence,
including an assessment of costs;
(5) describes how such data will be made available to the
scientific research, user, and stakeholder communities; and
(6) identifies future research and development needed to
inform the development of measures to predict and mitigate
the safety impacts that may result from severe turbulence,
including clear-air turbulence.
SEC. 1149. RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAMS.
(a) In General.--The Administrator shall carry out
research, development, testing, evaluation, and demonstration
programs for low-carbon alternative aviation fuels, which may
include next-generation feedstocks, biofuels, and bioderived
chemicals.
(b) Collaboration.--The Administrator shall collaborate
with Federal agencies, industry stakeholders, research
institutions, and other relevant stakeholders, to accelerate
the research, development, testing, evaluation, and
demonstrations programs described in subsection (a) and
facilitate United States sustainability and competitiveness
in aviation.
SEC. 1150. LIMITATION.
None of the funds authorized in this title may be used to
conduct research, develop, design, plan, promulgate,
implement, or execute a policy, program, order, or contract
of any kind with the Chinese Communist Party or any Chinese-
owned entity unless such activities are specifically
authorized by a law enacted after the date of enactment of
this title.
TITLE XII--AVIATION REVENUE PROVISIONS
SEC. 1201. AIRPORT AND AIRWAY TRUST FUND EXPENDITURE
AUTHORITY.
(a) In General.--Section 9502(d)(1) of the Internal Revenue
Code of 1986 is amended--
[[Page H3802]]
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2023'' and inserting ``October 1, 2028''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or the Securing Growth and Robust
Leadership in American Aviation Act;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code
is amended by striking ``October 1, 2023'' and inserting
``October 1, 2028''.
SEC. 1202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY
TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2023'' and inserting ``September 30, 2028''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``September 30, 2028''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``September 30, 2028''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2023'' and inserting ``September 30,
2028''.
(2) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``October 1, 2023'' and
inserting ``October 1, 2028''.
(3) Exemption from ticket tax.--Section 4261(j) of such
Code is amended by striking ``September 30, 2023'' and
inserting ``September 30, 2028''.
SEC. 1203. DESIGNATION OF CERTAIN AIRPORTS AS PORTS OF ENTRY.
(a) In General.--The President shall--
(1) pursuant to the Act of August 1, 1914 (38 Stat. 623,
chapter 223; 19 U.S.C. 2), designate each airport described
in subsection (b) as a port of entry; and
(2) terminate the application of the user fee requirement
under section 236 of the Trade and Tariff Act of 1984 (19
U.S.C. 58b) with respect to the airport.
(b) Airports Described.--An airport described in this
subsection is an airport that--
(1) is a primary airport (as defined in section 47102 of
title 49, United States Code);
(2) is located not more than 30 miles from the northern or
southern international land border of the United States;
(3) is associated, through a formal, legal instrument,
including a valid contract or governmental ordinance, with a
land border crossing or a seaport not more than 30 miles from
the airport; and
(4) through such association, meets the numerical criteria
considered by U.S. Customs and Border Protection for
establishing a port of entry, as set forth in--
(A) Treasury Decision 82-37 (47 Fed. Reg. 10137; relating
to revision of customs criteria for establishing ports of
entry and stations), as revised by Treasury Decisions 86-14
(51 Fed. Reg. 4559) and 87-65 (52 Fed. Reg. 16328); or
(B) any successor guidance or regulation.
The Acting CHAIR. No further amendment to the bill, as amended, shall
be in order except those printed in part A of House Report 118-147 and
amendments en bloc described in section 3 of House Resolution 597.
Each such further amendment may be offered only in the order printed
in the report, by a Member designated in the report, shall be
considered as read, shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject to a demand
for the division of the question.
It shall be in order at any time for the chair of the Committee on
Transportation and Infrastructure or his designee to offer amendments
en bloc consisting of amendments printed in part A of the report not
earlier disposed of. Amendments en bloc shall be considered as read,
shall be debatable for 30 minutes equally divided and controlled by the
chair and ranking minority member of the committee or their respective
designees, shall not be subject to amendment, and shall not be subject
to a demand for division of the question.
Amendment No. 1 Offered by Mr. Graves of Missouri
The Acting CHAIR. It is now in order to consider amendment No. 1
printed in part A of House Report 118-147.
Mr. GRAVES of Missouri. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 21, line 2, strike ``and''.
Page 21, after line 2, insert the following (and
redesignate the subsequent clause accordingly):
(iii) coordinate the safe integration of new entrants and
technologies into the national airspace system; and
Page 31, strike lines 22 through page 32, line 11 and
insert the following:
(i) by striking ``In the performance'' and inserting the
following:
``(i) Issuance of regulations.--In the performance'';
(ii) by striking ``The Administrator shall act'' and
inserting the following:
``(ii) Petitions for rulemaking.--The Administrator shall
act'';
(iii) by striking ``The Administrator shall issue'' and
inserting the following:
``(iii) Rulemaking timeline.--The Administrator shall
issue''; and
(iv) by striking ``On February 1'' and inserting the
following:
``(iv) Reporting requirement.--On February 1''; and
Page 59, strike lines 24 through 25 and insert the
following:
(1) by transferring paragraph (8) of subsection (p) to
subsection (r) and redesignating such paragraph as paragraph
(7); and
Page 80, line 13, strike ``and''.
Page 80, line 17, strike the period and insert ``; and''.
Page 80, after line 17, insert the following:
(C) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3) (and adjusting the margins
accordingly).
Page 81, strike lines 17 and 18 and insert the following:
(A) by striking ``(b) Workload of Systems Specialists.--'';
and
Page 81, line 21, insert ``and header casing'' after
``margins''.
Page 153, line 24, insert ``(including in any headings)''
before the semicolon.
Page 173, after line 24, insert the following (and
redesignate the subsequent subparagraphs accordingly):
``(C) to establish or improve apprenticeship, internship,
or scholarship programs for individuals pursuing employment
as an aviation pilot;''.
Page 197, line 19, insert ``, including veterans of the
Armed Forces,'' after ``professionals''.
Page 200, line 2, strike ``or''.
Page 200, line 13, strike the period and insert ``; or''.
Page 200, after line 13, insert the following:
``(10) a non-profit organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from taxation under 501(a) of such Code that assists veterans
of the Armed Forces seeking to transition to careers in civil
aviation.
Page 201, line 8, strike ``and''.
Page 201, line 13, strike the period and insert ``; and''.
Page 201, after line 13, insert the following:
``(4) a review of how many recipients engaged veteran
populations and how many veterans were recruited and
retrained as part of the aviation workforce.
Page 247, line 13, strike ``and''.
Page 247, line 16, strike the period and insert ``; and''.
Page 247, after line 16, insert the following:
(15) assess and evaluate the user interface and
information-sharing capabilities of any online medical portal
administered by the Federal Aviation Administration.
Page 257, line 2, insert ``for airport airside and landside
activities'' after ``demand''.
Page 260, line 2, insert ``and section 47133,'' after
``(c),''.
Page 262, beginning on line 20, strike ``December 30,
1987'' and insert ``January 1, 1989''.
Page 262, beginning on line 23, strike ``used as a
recreational and public park since January 1, 1995'' and
insert ``leased or licensed through a written agreement with
a governmental entity or non-profit entity for recreational
or public park uses since July 1, 2003''.
Page 263, line 3, insert ``recreational and public use does
not impact the aeronautical use of the airport and that the''
before ``property''.
Page 263, strike lines 10 through 12 (and redesignate the
subsequent clauses accordingly).
Page 263, line 14, insert ``to the Administrator'' after
``certification''.
Page 263, line 20, insert ``and'' after the semicolon.
Page 263, strike line 21 and all that follows through page
264, line 6 and insert the following:
``(vi) if the airport sponsor will--
``(I) lease the property to a local government entity or
non-profit entity to operate and maintain the property at no
cost to the airport sponsor; or
``(II) sell the property to a local government entity or
non-profit entity subject to a permanent deed restriction
ensuring compatible airport use under regulations issued
pursuant to section 47502.
Page 264, line 9, insert ``leasing or'' before ``selling''.
Page 264, line 11, strike ``(2)(B)(viii)(II)'' and insert
``(2)(B)(vi)''.
Page 264, line 12, insert ``lease or'' before ``sell''.
Page 264, line 15, insert ``lease or'' before ``sale''.
Page 264, line 21, strike the closing quotation marks and
the second period.
Page 264, after line 21, insert the following:
``(5) Aeronautical use; aeronautical purpose defined.--In
this subsection, the terms `aeronautical use' and
`aeronautical purpose'--
``(A) mean all activities that involve or are directly
related to the operation of aircraft, including activities
that make the operation of aircraft possible and safe;
``(B) include services located on an airport that are
directly and substantially related to the movement of
passengers, baggage, mail, and cargo; and
``(C) do not include any uses of an airport that are not
described in subparagraph (A) or (B), including any aviation-
related uses that do not need to be located on an airport,
such
[[Page H3803]]
as flight kitchens and airline reservation centers.
``(6) Administrator review and approval.--
``(A) In general.--Notwithstanding any other provision of
law and subject to the sponsor providing any written
statements or certifications to the Administrator required
under this subsection, no actions of or requirements on the
sponsor under this subsection shall require the review or
approval of the Secretary of Transportation or Administrator.
``(B) Burden of demonstration.--The Secretary shall have
the burden of demonstrating that a sponsor does not meet the
requirements or restrictions of this subsection.''.
Page 281, line 5, strike ``and''.
Page 281, after line 5, insert the following (and
redesignate the subsequent subparagraph accordingly):
(B) in subparagraph (A) by striking ``50 percent'' and
inserting ``40 percent'' each place it appears; and
Page 287, strike lines 4 through 7 and insert ``paragraph
(1)(A) from apportionment funds made available under section
47114 that are not required during the fiscal year pursuant
to subsection (b)(1) in an amount that is not less than--''.
Page 287, line 14, strike ``section 47116(a)(2)'' and
insert ``section 47116(b)(2)''.
Page 296, line 5, insert ``through alternative project
delivery methods, including construction manager-at-risk and
progressive design build'' after ``by a contractor''.
Page 309, line 4, insert ``(including a leaded or unleaded
gasoline)'' after ``1986''.
Page 309, line 7, insert ``under an investigation initiated
by the Administrator under part 13 or 16 of title 14, Code of
Federal Regulations, relating to the availability of aviation
gasoline'' after ``airport sponsor''.
Page 309, line 10, insert ``or'' after the semicolon.
Page 309, strike lines 11 through 14 (and redesignate the
subsequent paragraph accordingly).
Page 327, line 3, strike ``electrical'' and insert
``energy'' (and adjust the table of contents for the bill
accordingly).
Page 327, line 6, strike ``electrical'' and insert
``energy''.
Page 327, line 15, strike ``electrical'' and insert
``energy''.
Page 327, beginning on line 18, strike ``, including'' and
insert ``and''.
Page 327, line 20, strike ``and''.
Page 327, after line 22, insert the following:
``(V) vehicles and equipment used to transport passengers
and employees between the airport and--
``(aa) nearby facilities owned or controlled by the airport
or which otherwise directly support the functions or services
provided by the airport; or
``(bb) an intermodal surface transportation facility
adjacent to the airport; and
Page 327, line 23, strike ``electrical'' and insert
``energy''.
Page 328, line 17, strike the closing quotation marks and
the period.
Page 328, after line 17, insert the following:
``(c) Application.--To be eligible for a grant under
paragraph (1), the sponsor of a public-use airport shall
submit an application, including a certification that no
safety projects are being deferred by requesting a grant
under this section, to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.''.
Page 328, line 21 in the quoted material, strike
``electrical'' and insert ``energy''.
Page 328, strike line 10 and insert the following (and
adjust the margin of the subsequent text accordingly):
``(b) Grants.--
``(1) In general.--The Secretary shall make grants from
Page 328, line 14, redesignate paragraph (1) as
subparagraph (A) (and adjust the margins of the text
accordingly).
Page 328, line 16, redesignate paragraph (2) as
subparagraph (B) (and adjust the margins of the text
accordingly).
Page 330, after line 16, insert the following:
SEC. 447. NOTICE OF FUNDING OPPORTUNITY.
Notwithstanding part 200 of title 2, Code of Federal
Regulations, or any other provision of law, funds made
available as part of the airport improvement program under
subchapter I of chapter 471 or chapter 475 of title 49,
United States Code, shall not be subject to any public notice
of funding opportunity requirement.
SEC. 448. SPECIAL CARRYOVER ASSUMPTION RULE.
Section 47115 of title 49, United States Code, is amended
by adding at the end the following:
``(l) Special Carryover Assumption Rule.--In addition to
amounts made available under paragraphs (1) and (2) of
subsection (a), the Secretary may add to the discretionary
fund an amount equal to one-third of the apportionment funds
made available under section 47114 that were not required
during the previous fiscal year pursuant to section
47117(b)(1) out of the anticipated amount of apportionment
funds made available under section 47114 that will not be
required during the current fiscal year pursuant to section
47117(b)(1).''.
Page 403, line 19, strike ``paragraph (1)'' and insert
``paragraph (2)''.
Page 403, beginning on line 19, strike ``Comptroller
General'' and insert ``inspector general''.
Page 413, line 9, strike ``(3)'' and insert ``(4)''.
Page 422, beginning on line 16, strike ``authority'' and
inserting ``authorization'' (and adjust the table of contents
for the bill accordingly).
Page 427, line 13, strike the period.
Page 453, line 3, insert ``that are not also type
certificate holders as included under paragraph (1),
production certificate holders as included under paragraph
(2), or aircraft operators as included under paragraph (5)
(or associated with any such entities)'' before the
semicolon.
Page 453, line 5, insert ``and engineers'' after
``inspectors''.
Page 453, line 13, insert ``described in paragraph (6)''
before the semicolon.
Page 469, after line 16, insert the following:
(k) Rule of Construction.--Nothing in this section shall be
construed to permit the public disclosure of information
submitted under a voluntary safety reporting program or that
is otherwise protected under section 44735 of title 49,
United States Code.
Page 470, line 14, insert ``prospective'' after
``flightcrew''.
Page 471, after line 6, insert the following:
(d) Organ Transportation Flights.--In updating guidance and
policy pursuant to subsection (b), the Administrator shall
consider and allow for appropriate accommodations, including
accommodations related to subsections (b)(2) and (b)(4) for
operators--
(1) performing organ transportation operations; and
(2) who have in place a means by which to identify and
mitigate risks associated with flightcrew duty and rest.
Page 471, line 7, strike ``and video'' (and adjust the
table of contents for the bill accordingly).
Page 490, beginning on line 26, strike ``have on the'' and
all that follows through ``in a timely manner'' and insert
``have on the national airspace system in a timely manner''.
Page 521, line 2, insert ``design'' before ``change''.
Page 521, line 2, strike ``and'' at the end.
Page 521, strike line 3 and insert the following:
``(B) improve the overall safety of the aircraft;
``(C) not decrease the level of safety of other components
or systems on the aircraft;
``(D) be in the public interest;
``(E) not include any substantial changes;
``(F) be recorded on a type certificate data sheet or other
public instrument that notifies the public of such design
changes; and
``(G) be considered through a process that applies
appropriate requirements as determined by the Administrator.
Page 521, line 7, strike the closing quotation marks and
the second period.
Page 521, after line 7, insert the following:
``(4) Deadline.--In issuing an approval under this
subsection, the Administrator shall impose a deadline by
which all non-compliant conditions related to the design
change shall be addressed.
``(5) Safety-related design change defined.--In this
subsection, the term `safety-related design change' means a
design change that has any effect on the safety of the
aircraft.''.
SEC. 548. VOLUNTARY REPORTING PROTECTIONS.
(a) In General.--Section 40123(a) of title 49, United
States Code, is amended in the matter preceding paragraph (1)
by inserting ``or third party'' after ``nor any agency''.
(b) Protected Information.--Not later than 180 days after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall promulgate regulations
to amend part 193 of title 14, Code of Federal Regulations,
to designate and protect from disclosure information or data
submitted, collected, or contained by the Administrator under
voluntary safety programs, including the following:
(1) Aviation Safety Action Program.
(2) Flight Operational Quality Assurance.
(3) Line Operations Safety Assessments.
(4) Air Traffic Safety Action Program.
(5) Technical Operations Safety Action Program.
(6) Such other voluntarily submitted information or
programs as the Administrator determines appropriate.
Page 551, line 2, insert ``designation and'' before
``heading''.
Page 553, strike lines 12 through 14 and insert the
following:
(a) In General.--Section 44810(c) of title 49, United
States Code, is amended by inserting ``,and any other
location the Administrator determines appropriate'' after
``Data''.
(b) Applications for Designation.--Section 2209 of the FAA
Extension, Safety, and Security Act of 2016 (49 U.S.C. 44802
note) is further amended--
Page 553, line 13, strike ``(Public Law 114-190)'' and
insert ``(49 U.S.C. 44802 note)''.
Page 553, line 13, strike ``further''.
Page 553, strike lines 15 through 19 and insert the
following:
(1) in subsection (a) by inserting ``, including
temporarily,'' after ``restrict'';
Page 553, strike line 20 and all that follows through page
554, line 13 and insert the following:
(2) in subsection (b)(1)(C)(iv) by striking ``Other
locations that warrant such restrictions'' and inserting
``State correctional facilities''; and
(3) by adding at the end the following:
Page 578, line 15, strike ``Administrator'' and insert
``Secretary''.
Page 593, strike lines 14 through 21 (and redesignate the
subsequent paragraphs accordingly).
[[Page H3804]]
Page 595, line 2, strike ``system technology'' and insert
``systems''.
Page 611, after line 16, insert the following:
SEC. 635. PROTECTION OF PUBLIC GATHERINGS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall establish a process to allow
applicants to request temporary prohibitions of unmanned
aircraft operations in close proximity to an eligible large
public gathering for a specified period of time.
(b) Application Procedures.--
(1) In general.--In making a determination whether to grant
or deny an application for a designation, the Administrator
shall consider--
(A) aviation safety;
(B) protection of persons and property on the ground;
(C) national security; or
(D) homeland security.
(2) Requirements.--The application procedures under this
section shall allow eligible petitions to apply for a
prohibition individually or collectively.
(3) Eligible large gatherings.--Large public gatherings
eligible for application under this section shall--
(A) have an estimated attendance of greater than 20,000
people;
(B) be primarily outdoors;
(C) have defined and static geographical boundaries; and
(D) be advertised in the public domain.
(4) Eligible petitioners.--Applicants eligible to submit
petitions for consideration in subsection (a) shall be a
credentialed law enforcement organization or public safety
organization otherwise recognized by a Federal, State, local,
Tribal, or territorial governmental entity.
(c) Review Process.--
(1) In general.--The Administrator shall provide for a
timely determination on an application submitted under
subsection (a) to allow for the public to be notified of a
prohibition in advance of the public gathering.
(2) Additional requirement.--The Administrator shall make
every practicable effort to make a determination on an
application submitted under subsection (a) not later than 7
days before the expected start date of the large public
gathering.
(d) Public Information.--Temporary prohibition designated
under subsection (a) shall be published by the Federal
Aviation Administration in a publicly accessible manner, in
English and other non-English languages, at least 2 days
before the large public gathering.
(e) Savings Clause.--Nothing in this section may be
construed as prohibiting the Administrator from authorizing
operation of an aircraft, including an unmanned aircraft
system, over, under, or within a specified distance from that
large public gathering designated under subsection (b).
(f) Definitions.--In this section, the terms ``unmanned
aircraft'' and ``unmanned aircraft system'' have the meanings
given such terms in section 44801 of title 49, United States
Code.
Page 614, line 8, strike ``and''.
Page 616, line 16, insert ``, as appropriate'' after
``operations''.
Page 614, line 16, strike the period and insert ``; and''.
Page 614, after line 16, insert the following:
(D) inform such rulemakings based on operations and efforts
that occur as a result of the special Federal aviation
regulation pursuant to subsection (b).
Page 618, line 12, strike ``version of''.
Page 618, beginning on line 13, strike ``in effect on the
date of enactment of this Act,''.
Page 618, strike lines 21 through 24 and insert the
following:
(3) affirm the general permissibility of vertical takeoff
and landing capable aircraft to use a heliport when such
heliport can safely accommodate the physical and operating
characteristics of such aircraft; and
Page 621, strike line 21 through page 622, line 1 (and
redesignate the subsequent paragraphs accordingly).
Page 629, line 12, strike ``At'' and insert ``Subject to
the availability of appropriations, at''.
Page 688, after line 10, insert the following:
SEC. 725. SEATING ACCOMMODATIONS FOR QUALIFIED INDIVIDUALS
WITH DISABILITIES.
(a) In General.--
(1) Advanced notice of proposed rulemaking.--Not later than
180 days after the date of enactment of this section, the
Secretary of Transportation shall issue an advanced notice of
proposed rulemaking regarding seating accommodations for any
qualified individual with a disability.
(2) Notice of proposed rulemaking.--Not later than 2 years
after the date on which the advanced notice of proposed
rulemaking under paragraph (1) is completed, the Secretary
shall issue a notice of proposed rulemaking regarding seating
accommodations for any qualified individual with a
disability.
(b) Considerations.--In carrying out the advanced notice of
proposed rulemaking required in subsection (a)(1), the
Secretary shall consider the following:
(1) The scope and anticipated number of qualified
individuals with a disability who--
(A) may need to be seated with a companion to receive
assistance during a flight; or
(B) should be afforded bulkhead seats or other seating
considerations.
(2) The types of disabilities that may need seating
accommodations.
(3) Whether such qualified individuals with a disability
are unable to obtain, or have difficulty obtaining, such a
seat.
(4) The scope and anticipated number of individuals
assisting a qualified individual with a disability who should
be afforded an adjoining seat pursuant to section 382.81 of
title 14, Code of Federal Regulations.
(5) Any notification given to qualified individuals with a
disability regarding available seating accommodations.
(6) Any method that is adequate to identify fraudulent
claims for seating accommodations.
(7) Any other information determined appropriate by the
Secretary.
(c) Accredited Service Animal Training Programs and
Authorized Registrars.--Not later than 6 months after the
date of enactment of this section, the Secretary shall
publish on the website of the Department of Transportation
and maintain a list of--
(1) accredited programs that train service animals; and
(2) authorized registrars that evaluate service animals.
(d) Report to Congress on Service Animal Requests.--Not
later than 1 year after the date of enactment of this
section, and annually thereafter, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on
requests for air travel with service animals, including--
(1) during the reporting period, how many requests to board
an aircraft with a service animal were made; and
(2) the number and percentage of such requests, categorized
by type of request, that were reported by air carriers or
foreign air carriers as--
(A) granted;
(B) denied; or
(C) fraudulent.
(e) Training.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall, in
consultation with the Air Carrier Access Act Advisory
Committee, issue guidance regarding improvements to training
for airline personnel (including contractors) in recognizing
when a qualified individual with a disability is traveling
with a service animal.
(2) Requirements.--The guidance issued under paragraph (1)
shall--
(A) take into account respectful engagement with and
assistance for individuals with a wide range of visible and
non-visible disabilities;
(B) provide information on--
(i) service animal behavior and whether the service animal
is appropriately harnessed, leashed, or otherwise tethered;
and
(ii) the various types of service animals, such as guide
dogs, hearing or signal dogs, psychiatric service dogs,
sensory or social signal dogs, and seizure response dogs; and
(C) outline the rights and responsibilities of the handler
of the service animal.
(f) Definitions.--In this section, the following
definitions apply:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(3) Qualified individual with a disability.--The term
``qualified individual with a disability'' has the meaning
given that term in section 382.3 of title 14, Code of Federal
Regulations.
(4) Service animal.--The term ``service animal'' has the
meaning given that term in section 382.3 of title 14, Code of
Federal Regulations.
Page 703, strike line 8.
Page 703, line 17, strike the period and insert ``; and''.
Page 703, after line 17, insert the following:
(4) consult with the exclusive bargaining representative of
the air traffic controllers certified under section 7111 of
title 5, United States Code.
Page 710, strike lines 16 through 24 and insert the
following:
(2) Exception.--The amendment made by paragraph (1) shall
not apply to an eligible place that is served by an air
carrier selected to receive essential air service
compensation under subchapter II of chapter 417 of title 49,
if--
(A) such service is in effect upon the date of enactment of
this Act; and
(B) such service is provided by the same air carrier that
provided service on the date of enactment of this Act.
Page 719, line 7, insert ``and engineers'' after
``inspectors''.
Page 742, beginning on line 3, strike ``, or with the
concurrence of,''.
Page 742, strike lines 8 and 9 and insert ``pursuant to
section 541 of division F of the Consolidated Appropriations
Act, 2004 (49 U.S.C. 40103 note), the conditions''.
Page 742, beginning on line 19, strike ``section 352(a)(3)
of the Consolidated Appropriations Resolution, 2003 (Public
Law 108-7))'' and insert ``section 521 of division F of the
Consolidated Appropriations Act, 2004 (49 U.S.C. 40103
note))''.
Page 742, strike line 24 and all that follows through page
743, line 2 and insert the following:
(c) Required Coordination.--
(1) In general.--On an annual basis, the Administrator
shall convene a meeting with representatives of
Administration-approved air shows, the general aviation
community,
[[Page H3805]]
stadiums and other large outdoor events and venues or
organizations that run such events, the Department of
Homeland Security, and the Department of Justice--
(A) to identify scheduling conflicts between
Administration-approved air shows and large outdoor events
and venues where--
(i) flight restrictions will be imposed pursuant to section
521 of division F of the Consolidated Appropriations Act,
2004 (49 U.S.C. 40103 note); or
(ii) any other restriction will be imposed pursuant to
Federal Aviation Administration Flight Data Center Notice to
Airmen 4/3621 (or any successor notice to airmen); and
(B) in instances where a scheduling conflict between events
is identified or is found to be likely to occur, develop
appropriate operational and communication procedures to
ensure for the safety and security of both events, pursuant
to the authority prescribed in subsection (a).
(2) Scheduling conflict.--If the Administrator or any other
stakeholder party to the required annual coordination
required in paragraph (1) identifies a scheduling conflict
outside of the annual meeting at any point prior to the
scheduling conflict, the Administrator shall work with
impacted stakeholders to develop appropriate operational and
communication procedures to ensure for the safety and
security of both events, pursuant to the authority prescribed
in subsection (a).
(3) Notice.--Prior to issuing a certificate of
authorization or waiver pursuant to subsection (a), the
Administrator shall give appropriate due notice to impacted
stakeholders and develop appropriate operational and
communication procedures to ensure for the safety and
security of all impacted events, pursuant to the authority
prescribed in subsection (a).
Page 743, beginning on line 12, strike ``Section
352(a)(3)(B) of the Consolidated Appropriations Resolution,
2003 (Public Law 109-7)'' and insert ``Section
521(a)(2)(B)(ii) of division F of the Consolidated
Appropriations Act, 2004 (49 U.S.C. 40103 note)''.
Page 743, strike lines 16 and 17.
Page 775, line 21, insert ``economic'' after ``study on
the''.
Page 785, after line 11, insert the following:
SEC. 844. LIMITATIONS FOR CERTAIN CARGO AIRCRAFT.
(a) In General.--The standards adopted by the Administrator
of the Environmental Protection Agency in part 1030 of title
40, Code of Federal Regulations, and the requirements
finalized by the Administrator of the Federal Aviation
Administration from the notice of proposed rulemaking titled
``Airplane Fuel Efficiency Certification'', and published on
June 15, 2022 (RIN2120-AL54) in part 38 of title 14, Code of
Federal Regulations, shall not apply to any covered airplane
before the date that is 5 years after January 1, 2028.
(b) Operational Limitation.--The Administrator of the
Federal Aviation Administration shall limit the operation of
any covered airplane to domestic use or international
operations, consistent with relevant international agreements
and standards, that--
(1) does not meet the standards and requirements described
in subsection (a); and
(2) received an original certificate of airworthiness
issued by the Administrator of the Federal Aviation
Administration on or after January 1, 2028.
(c) Definitions.--In this section:
(1) Covered airplane.--The term ``covered airplane'' means
an airplane that--
(A) is a subsonic jet that is a purpose-built freighter;
(B) has a maximum takeoff mass greater than 180,000
kilograms but not greater than 240,000 kilograms; and
(C) has a type design certificated prior to January 1,
2023.
(2) Purpose-built freighter.--The term ``purpose-built
freighter'' means any airplane that--
(A) was configured to carry cargo rather than passengers
prior to receiving an original certificate of airworthiness;
and
(B) is configured to carry cargo rather than passengers.
SEC. 845. COPYRIGHT PROTECTION FOR ORIGINAL DESIGNS OF
AIRCRAFT FLOATS.
(a) In General.--The Administrator of the Federal Aviation
Administration shall, as appropriate, coordinate with the
Register of Copyrights to help, to the extent feasible,
aircraft float manufacturers receive design protections
provided under section 1301 of title 17, United States Code.
(b) Aircraft Float Defined.--In this section, the term
``aircraft float'' means a device suitable for use on an
airplane that meets the standards set forth in the technical
standard order related to Twin Seaplane Floats issued by the
Federal Aviation Administration on July 31, 2018 (TSO-C27a),
or any successor standard.
Page 791, beginning on line 18, strike ``which shall be
incorporated into the annual budget request of the Board''.
Page 814, after line 14, insert the following:
SEC. 925. AIR SAFETY INVESTIGATORS.
(a) Removal of FAA Medical Certificate Requirement.--Not
later than 60 days after the date of enactment of this Act,
the Director of the Office of Personnel Management, in
consultation with the Administrator of the Federal Aviation
Administration and the Chairman of the National
Transportation Safety Board, shall take such actions as may
be necessary to revise the eligibility requirements for the
Air Safety Investigating Series 1815 occupational series (and
any similar occupational series relating to transportation
accident investigating) to remove any requirement that an
individual hold a current medical certificate issued by
Administrator.
(b) Updates to Other Requirements.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director, in coordination with the
with the Administrator and Chairman, shall take such actions
as may be necessary to update and revise experiential,
educational, and other eligibility requirements for the Air
Safety Investigating Series 1815 occupational series (and any
similar occupational series relating to transportation
accident investigating).
(2) Considerations.--In updating the requirements under
paragraph (1), the Director shall consider--
(A) the direct relationship between any requirement and the
duties expected to be performed by the position;
(B) changes in the skills and tools necessary to perform
transportation accident investigations; and
(C) such other considerations as the Director,
Administrator, or Chairman determines appropriate.
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Missouri (Mr. Graves) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Missouri.
Mr. GRAVES of Missouri. Mr. Chairman, I yield myself such time as I
may consume.
I rise in support of the Graves-Larsen amendment. This amendment
makes several technical conforming and clarifying changes throughout
the underlying bill.
Furthermore, the amendment includes provisions that were the result
of bipartisan negotiations on several policy issues.
These provisions include additional requirements for FAA to further
coordinate the safe integration of new entrants into the National
Airspace System, adding pilot apprenticeship, internship, or
scholarship programs or veteran career transition nonprofits as an
eligible grant recipient under the aviation workforce development
program, protections on voluntary safety information disclosures, and
several other provisions that reflect the bipartisan work with our
colleagues across the aisle.
Mr. Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I claim the time in opposition
to the amendment, although I am not opposed.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. LARSEN of Washington. Mr. Chair, I yield myself such time as I
may consume.
Mr. Chair, this amendment reflects bipartisan agreement on a variety
of technical fixes and good policy worthy of inclusion in this bill.
It includes language from Representative Schrier of Washington State
to focus FAA's aviation workforce development efforts on transitioning
veterans to the civilian workforce, an amendment that the committee
worked together on with Representative Gooden to make happen.
It requires the FAA to develop a process to restrict drones from
flying over large outdoor gatherings. It clears unnecessary red tape
for the FAA to issue airport improvement grants and ensures our air
traffic controllers are consulted on major policy changes, protects
information or data reported by pilots or engineers through voluntary
safety reporting requirements, and includes language from
Representative Stanton of Arizona to require the Secretary of
Transportation to propose a rulemaking to improve seating
accommodations for individuals with disabilities.
Finally, it expands FAA's counter-UAS testing authorities to consider
the impacts to the safety of the National Airspace System beyond the
airport environment.
Mr. Chair, I urge all Members to vote in favor of this amendment, and
I yield back the balance of my time.
Mr. GRAVES of Missouri. Mr. Chairman, I would urge my colleagues to
support this important amendment, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Missouri (Mr. Graves).
The amendment was agreed to.
[[Page H3806]]
Amendments En Bloc No. 1 Offered by Mr. Graves of Missouri
Mr. GRAVES of Missouri. Mr. Chair, pursuant to House Resolution 597,
I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 2, 5, 8, 9, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, and 25 printed in part
A of House Report 118-147, offered by Mr. Graves of Missouri.
amendment no. 2 offered by mr. bean of florida
Page 639, line 3, insert ``, including connecting taxiways,
if the runway is'' before ``existing''.
Page 639, line 11, strike ``runway is'' and insert
``runways and taxiways are''.
amendment no. 5 offered by ms. brown of ohio
At the end of subtitle A of title VII, add the following:
SEC. __. PROVISION OF DRINKING WATER TO PASSENGERS.
The Administrator of the Federal Aviation Administration
shall issue such regulations as are necessary to require air
carriers and foreign air carriers to provide complementary
drinking water to passengers on all domestic and
international flights with a scheduled duration of 1 hour or
more.
amendment no. 8 offered by mrs. cammack of florida
Page 256, strike lines 24 through 25 and insert the
following:
(3) in paragraph (5)--
(A) in subparagraph (A) by inserting ``and catchment area
analyses'' after ``planning'';
(B) in subparagraph (B) by striking ``and'' at the end;
(C) in subsection (C) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
amendment no. 9 offered by mr. carbajal of california
At the end of title VIII, add the following:
SEC. __. DELIVERY OF CLEARANCE TO PILOTS VIA INTERNET
PROTOCOL.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall conduct testing and an
evaluation to determine the feasibility of the use, in air
traffic control towers, technology for delivering clearances
via internet protocol to enable mobile device access for
general aviation and on-demand Part 135 air carriers at
airports that do not have Towered Data Link Services.
(b) Airport Selection.--The Administrator shall designate
five airports for participation in the initial airport pilot
program after consultation with the exclusive representatives
of air traffic controllers certified under section 7111 of
title 5, United States Code, airport sponsors, aircraft and
avionics manufacturers, MITRE, and aircraft operators and the
designation should include airports of different size and
complexity.
(c) Program Objective.--The program shall address and
include safety, security, and operational requirements for
mobile clearance delivery at airports and heliports across
the United States.
(d) Definitions.--In this section:
(1) Mobile clearance delivery.--The term ``mobile clearance
delivery'' means providing access to departure clearance and
clearance cancellation via Internet Protocol via applications
to pilots while aircraft are on the ground where traditional
data link installations are not feasible or possible.
(2) Part 135.--The term ``Part 135'' means part 135 of
title 14, Code of Federal Regulations.
(3) Tower data link services.--The term ``tower data link
services'' means communications between controllers and
pilots using controller-pilot data link communications.
(4) Suitable airport.--The term ``suitable airport'' shall
include towered airports, non-towered airports, and
heliports.
(e) Report.--Not later than 1 year after the date on which
the mobile clearance delivery program becoming operational,
the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the safety,
security, and operational performance of the mobile clearance
services at airports pursuant to this section and
recommendations on how best to improve the program.
amendment no. 11 offered by mr. case of hawaii
At the end of title VIII, add the following:
SEC. __. REPORT ON INDO-PACIFIC AIRPORTS.
The Administrator of the Federal Aviation Administration,
in consultation with the Secretary of State, shall submit to
Congress a report on airports of strategic importance in the
Indo-Pacific region that includes each of the following:
(1) An identification of airports and air routes critical
to national security, defense operations, emergency response,
and continuity of government activities.
(2) An assessment of the economic impact and contribution
of airports and air routes to national and regional
economies.
(3) An evaluation of the connectivity and accessibility of
airports and air routes, including their importance in
supporting domestic and international travel, trade, and
tourism.
(4) An analysis of infrastructure and technological
requirements necessary to maintain and enhance the strategic
importance of identified airports and air routes.
(5) An identification of potential vulnerabilities, risks,
and challenges faced by airports and air routes of strategic
importance, including cybersecurity threats and physical
infrastructure vulnerabilities.
(6) Any recommendations for improving the security,
resilience, and efficiency of the identified airports and air
routes, including potential infrastructure investments and
policy changes.
amendment no. 12 offered by mr. case of hawaii
At the end of title VIII, add the following:
SEC. __. GAO STUDY ON THE IMPLEMENTATION OF GRANTS AT
AIRPORTS.
The Comptroller General of the United States shall conduct
a study on the implementation of grants provided to airports
located in the Freely Associated States under section
47115(i) of title 49, United States Code.
amendment no. 13 offered by mr. castro of texas
At the end of title VIII, add the following:
SECTION ___. MINORITY AND DISADVANTAGED BUSINESS
PARTICIPATION.
Section 157(b)(2) of the FAA Reauthorization Act of 2018
(49 U.S.C. 47113 note) is amended by adding at the end the
following:
``(D) Publishing data.--The Secretary of Transportation
shall report on a publicly accessible website the uniform
report of DBE awards--commitments and payments specified in
part 26 of title 49, Code of Federal Regulations, and the
uniform report of ACDBE Participation for non-car rental and
car rental concessions, for each airport sponsor beginning
with fiscal year 2024.''.
amendment no. 14 offered by mr. ciscomani of arizona
At the end of subtitle A of title IV, add the following:
SEC. ___. RUNWAY SAFETY PROJECTS.
In awarding grants under section 47115 of title 49, United
States Code, for runway safety projects, the Administrator of
the Federal Aviation Administration shall, to the maximum
extent practicable--
(1) reduce unnecessary or undesirable project segmentation;
and
(2) complete the entire project in an expeditious manner.
amendment no. 15 offered by mr. ciscomani of arizona
At the end of subtitle B of title VII, add the following:
SEC. ___. AGREEMENTS FOR STATE AND LOCAL OPERATION OF AIRPORT
FACILITIES.
Section 47124(b)(3)(C) of title 49, United States Code, is
amended by adding at the end the following:
``(viii) Air traffic control towers at airports with safety
or operational problems related to the lack of an existing
tower.
``(ix) Air traffic control towers at airports with
projected commercial and military increases in aircraft or
flight operations.
``(x) Air traffic control towers at airports with a variety
of aircraft operations, including a variety of commercial and
military flight operations''.
amendment no. 16 offered by mr. cloud of texas
At the end of title VIII, add the following:
SEC. ___. STRUCTURES INTERFERING WITH AIR COMMERCE OR
NATIONAL SECURITY.
Section 44718 of title 49, United States Code, is amended--
(1) in subsection (a) by inserting ``on a publicly
available website'' after ``public notice'';
(2) by redesignating subsection (h) as subsection (i);
(3) in subsection (i) (as so redesignated) by adding at the
end the following:
``(3) Energy project.--The term `energy project' has the
meaning given such term in section 183a(h) of title 10.
``(4) Foreign principal; agent of a foreign principal.--The
terms `foreign principal' and `agent of a foreign principal'
have the meaning given such terms in section 1 of the Foreign
Agents Registration Act of 1938 (22 U.S.C. 611).''; and
(4) by inserting after subsection (g) the following:
``(h) Special Rule for Energy Projects.--
``(1) In general.--Any person who is required to submit an
application for an energy project under this section shall
include in such application a disclosure of any relationship
such person has with a foreign principal or with an agent of
a foreign principal.
``(2) Inaccurate disclosure of relationship with foreign
principal.--
``(A) In general.--The Secretary of Transportation, in
consultation with the Attorney General of the United States
and the head of any other relevant Federal agency, shall
establish a process to evaluate the accuracy of a disclosure
made under paragraph (1) and determine whether a person has
violated such paragraph.
``(B) Initial penalty for inaccurate disclosure.--If the
Secretary determines that a person has knowingly violated
paragraph (1), such person shall be prohibited from
submitting an application for an energy project under this
section during the period beginning on the date on which the
Secretary made the determination under subparagraph
[[Page H3807]]
(A) and ending on the date that is 2 years after such
determination.
``(C) Penalties for subsequent inaccurate disclosures.--If
the Secretary determines that a person knowingly violates
paragraph (1) after an initial violation under subparagraph
(B), such person shall be permanently prohibited from
submitting an application for an energy project under this
section.''.
amendment no. 17 offered by ms. davids of kansas
Page 424, line 24, strike ``30'' and insert ``60''.
amendment no. 18 offered by ms. delbene of washington
At the end of subtitle C of title XI, add the following:
SEC. __. CENTER OF EXCELLENCE FOR ALTERNATIVE JET FUELS AND
ENVIRONMENT (ASCENT).
The Center of Excellence for Alternative Jet Fuels and
Environment (ASCENT) shall subject to the availability of
appropriations for such purpose and consistent with the
research and development strategy in section 1133, conduct
research on hydrogen to increase aviation decarbonization.
Such research shall be in addition to any other research
authorized to be carried out by the Center, including other
research relating to hydrogen.
amendment no. 19 offered by deluzio of pennsylvania
At the end of title VIII, add the following:
SEC. __. EFFECT OF AIRLINE MERGERS FOR CONSUMERS.
(a) In General.--The Comptroller General of the United
States shall submit a report to Congress on the effect of
airline mergers for consumers, including passenger fares
(including add-on fees), the number of routes, the number of
nonstop routes eliminated, and the number of flight delays
and cancellations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit a
report on the results of the study conducted under subsection
(a) to the following congressional committees:
(1) the Committee on Transportation and Infrastructure and
the Committee on the Judiciary of the House of
Representatives; and
(2) the Committee on Commerce, Science, and Transportation
and the Committee on the Judiciary of the Senate.
amendment no. 20 offered by desaulnier of california
At the end of title VIII, add the following:
SEC. __. TASK FORCE ON HUMAN FACTORS IN AVIATION SAFETY.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall convene a task force on human
factors in aviation safety (in this section referred to as
the ``Task Force'').
(b) Composition.--The Task Force shall consist of members
appointed by the Administrator and having expertise in an
operational or academic discipline that is relevant to the
analysis of human errors in aviation. The number of members
shall be determined by the Administrator to ensure sufficient
representation of relevant operational and academic
disciplines.
(c) Duration.--
(1) In general.--Members of the Task Force shall be
appointed for the length of the existence of the Task Force.
(2) Length of existence.--
(A) In general.--The Task Force shall have an initial
length of existence of 2 years.
(B) Option.--The Administrator may exercise an option to
lengthen the duration of the existence of the Task Force for
a period of 2 years.
(d) Disciplines.--For purposes of subsection (b),
disciplines may include air carrier operations, line pilot
expertise, air traffic control, technical operations,
aeronautical information, aircraft maintenance and mechanics
psychology, linguistics, human-machine integration, general
aviation operations, and organizational behavior and culture.
(e) Expertise.--
(1) In general.--No less than half of the members shall
have expertise in aviation.
(2) Additional expertise.--The Task Force shall include
members with expertise on human factors but whose experience
and training are not in aviation specifically and who have
not previously been engaged in work related to the Federal
Aviation Administration or the aviation industry. The Task
Force shall also include pilot labor organization,
certificated mechanic labor organizations, and at least one
member from an air traffic controller labor organization.
(f) Federal Aviation Administration Members.--
(1) In general.--Not more than 4 members may be employees
of the Federal Aviation Administration and National
Transportation Safety Board, excluding representatives of the
labor representatives of employees of the air traffic control
system. Not more than 2 members may be employees of the
National Transportation Safety Board. The Federal Aviation
Administration and the National Transportation Safety Board
members shall be non-voting.
(2) Federal aviation administration employees.--Any member
who is an Federal Aviation Administration employee shall have
expertise in safety.
(g) Duties.--In coordination with the Research,
Engineering, and Development Advisory Committee established
under section 44508 of title 49, United States Code, the Task
Force shall--
(1) not later than the date on which the Task Force is no
longer in existence, produce a written report that--
(A) to the greatest extent possible, identifies the most
significant human factors and the relative contribution of
such factors to aviation safety risk;
(B) identifies new research priorities for research in
human factors in aviation safety;
(C) reviews existing products by other working groups
related to human factors in aviation safety including the
Commercial Aviation Safety Team (CAST)'s work pertaining to
flight crew responses to abnormal events;
(D) provides recommendations on potential revisions to any
Federal Aviation Administration regulations and guidance
pertaining to the certification of aircraft under part 25 of
title 14, Code of Federal Regulations, including sections
related to presumed pilot response times and assumptions
about the reliability of pilot performance during unexpected,
stressful events;
(E) reviews rules, regulations, or standards regarding
flight crew rest and fatigue, as well as maintenance
personnel rest and fatigue, that are used by a sample of
international air carriers, including those deemed to be more
stringent and less stringent than the current standards
pertaining to United States air carriers, and identify risks
to the National Airspace System from any such variation in
standards across countries;
(F) reviews pilot training requirements and recommend any
revisions necessary to ensure adequate understanding of
automated systems on aircraft;
(G) reviews approach and landing misalignment and make any
recommendations for improving these events;
(H) identifies ways to enhance instrument landing system
maintenance schedules; determines how a real-time smart
system should be developed that informs the Air Traffic
Control System, Airlines, and Airports about any changes in
the state of runway and taxiway lights; and identifies how
this system could be connected to the Federal Aviation
Administration's maintenance system;
(I) analyzes, with respect to human errors related to
aviation safety of part 121 air carriers--
(i) fatigue and distraction during critical phases of work
among pilots or other aviation personnel;
(ii) tasks and workload;
(iii) organizational culture;
(iv) communication among personnel;
(v) adherence to safety procedures;
(vi) mental state of personnel; and
(vii) any other relevant factors that are the cause or
potential cause of human error related to aviation safety;
(J) includes a tabulation of the number of accidents,
incidents, or aviation safety database entries received in
which an item identified under subparagraph (I) was a cause
or potential cause of human error related to aviation safety;
and
(K) includes a list of causes or potential causes of human
error related to aviation safety about which the
Administrator believes additional information is needed; and
(2) if the Secretary exercises the option described in
subsection (c)(2)(B), not later than the date that is 2 years
after the date of establishment of the Task Force, produce an
interim report containing the information described in
paragraph (1).
(h) Methodology.--To complete the report under
subparagraphs (I) through (K) of subsection (g)(1), the Task
Force shall consult with the National Transportation Safety
Board and use all available data compiled and analysis
conducted on safety incidents and irregularities collected
during the relevant fiscal year from the following:
(1) Flight Operations Quality Assurance.
(2) Aviation Safety Action Program.
(3) Aviation Safety Information Analysis and Sharing.
(4) The Aviation Safety Reporting System.
(5) Aviation safety recommendations and investigation
findings of the National Transportation Safety Board.
(6) Other relevant programs or sources.
(i) Applicable Law.--Section 1013 of title 5, United States
Code, shall not apply to the Task Force.
amendment no. 21 offered by mr. donalds of florida
At the end of title VIII, add the following:
SEC. __. SENSE OF CONGRESS ENCOURAGING THE FAA TO WELCOME THE
USE OF UNMANNED AERIAL VEHICLES.
It is the sense of Congress that Congress encourages the
Federal Aviation Administration to welcome the use of
unmanned aerial vehicles, such as drones, to bolster and
augment traditional manual inspection, survey, and
maintenance operations, including operations that relate to
electric transmission infrastructure, water quality and the
presence of harmful algal blooms, transportation
infrastructure, national parks, and telecommunications
infrastructure.
amendment no. 22 offered by mr. donalds of florida
At the end of title VIII, add the following:
SEC. __. EVALUATION OF EMERGENCY RESPONSE PLANS.
(a) In General.--The Comptroller General of the United
States shall, in consultation with industry stakeholders and
the owners
[[Page H3808]]
or operators of airports certified by the Administrator of
the Federal Aviation Administration, conduct an evaluation of
a representative sample of the emergency plans in place at
such airports.
(b) Contents.--In conducting the evaluation under
subsection (a), the Comptroller General shall assess, with
respect to such airports, the following:
(1) Electricity supply on normal operating procedures.
(2) Resiliency plans for maintaining appropriate
electricity supply to continue airport operations in the case
a natural disaster disrupts the airport's primary power
source.
(3) Backup electricity plans in the event a natural
disaster disrupts, partially or completely, the airport's
primary power source.
(4) A comparison of previous versions of the airport's
emergency response plans and how current and future airport
emergency response plans may be similar or different than the
emergency response plans of the past.
(5) The overall impact of an airport losing its primary
power source on communities surrounding the airport and any
public health and safety risks that may result.
(c) Submission.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report containing
the results of the evaluation conducted under subsection (a).
amendment no. 24 offered by ms. eshoo of california
Page 380, line 11, strike ``and'' and insert a comma.
Page 380, line 13, insert ``, and recommendations solicited
from individuals and local government officials in
communities adversely impacted by aircraft noise'' after
``community engagement''.
amendment no. 25 offered by mr. espaillat of new york
Page 526, line 14, strike ``and''.
Page 526, after line 14, insert the following (and
redesignate accordingly):
(8) conduct a review of potential vulnerabilities in
inflight Wi-Fi service that may put the data of passengers at
risk; and
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Missouri (Mr. Graves) and the gentleman from Washington (Mr.
Larsen) each will control 10 minutes.
The Chair recognizes the gentleman from Missouri.
{time} 1345
Mr. GRAVES of Missouri. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I rise in support of en bloc No. 1, containing 18
amendments from my colleagues on both sides of the aisle. This en bloc
contains a number of important amendments that address issues of
national importance as well as issues that are impacting individual
districts.
This package allows airports to use their Federal dollars to better
understand the communities which they serve and the length people
travel in order to take a flight.
It will instruct the FAA to test and evaluate means by which general
and business aviation can utilize technology to receive flight
clearances as opposed to using antiquated systems.
It also instructs the FAA to stand up a multidisciplinary task force
to review the impact that human factors have on aviation safety and to
make related recommendations.
In addition, this package instructs the Government Accountability
Office to consult with airports to review emergency response plans and
assess electrical resiliency for the safe operations of an airport
during emergency scenarios.
This en bloc includes a number of provisions from members of the T&I
Committee that were raised at markup but that we didn't have time to
resolve. I am very glad that we were able to work together to resolve
the few issues and support changes on a bipartisan basis.
Mr. Chair, I urge support of this bipartisan en bloc package and
reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I rise in support of this en
bloc.
It includes a number of provisions that will improve the bill
overall, including:
A proposal from Representative Brown of Ohio to ensure passengers on
air carriers and foreign air carriers have the right to free drinking
water on any flight longer than an hour;
A proposal from Representatives Carbajal, Yakym, and Davids directing
the FAA to test the use of mobile technologies to deliver air traffic
control clearances to general aviation pilots and part 135 operators;
A proposal from Representatives Ciscomani and Stanton to prioritize
air traffic control staffing at towers with strategic traffic and
safety considerations;
A proposal from Representative DelBene to expand the FAA's Center of
Excellence for Alternative Jet Fuels and Environment to conduct
research on hydrogen, supporting increasing efforts to decarbonize the
aviation sector;
A proposal from Representative DeSaulnier to create a task force on
human factors safety to harmonize disparate human factors work being
done currently across the aviation community;
A proposal from Representative Donalds encouraging the FAA to embrace
the use of drones for helping workers to conduct safer, more efficient
infrastructure inspections; and
A proposal from Representative Eshoo to ensure community voices are
heard on aircraft noise issues.
Mr. Chair, I support this en bloc, and I encourage my colleagues to
do the same.
Mr. Chair, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Chairman, I yield 2 minutes to the
gentleman from Indiana (Mr. Yakym).
Mr. YAKYM. Mr. Chairman, let me begin by thanking Chairman Graves as
well as Ranking Member Larsen for the great work that they both did on
this FAA reauthorization.
I rise in support of this en bloc, which includes Carbajal amendment
No. 9, of which I am a cosponsor. I thank both the chairman and the
ranking member for including this amendment in the en bloc.
This amendment creates a pilot program at five airports to deliver
mobile clearances for general aviation and part 135 air carriers. Early
FAA trials of this technology have shown promise, and thus it seems
worthwhile to continue development and testing in hopes of being able
to deploy it more widely.
As a pilot myself, I am excited about something like this down the
road. Voice-based clearances can be difficult to understand, which
leads to delays and misunderstandings. For airports without Towered
Data Link Services, voice-based clearances can take 30 to 40 minutes.
Trials of mobile deliveries have reduced that to 2 minutes.
I thank Mr. Carbajal and Ms. Davids for their partnership on this
amendment, and I thank the chairman and ranking member for their
support.
Mr. LARSEN of Washington. Mr. Chair, I have no other speakers on the
en bloc, so I will close by asking Members to please support the
amendment. I yield back the balance of my time.
Mr. GRAVES of Missouri. Mr. Chairman, I urge my colleagues to support
this en bloc amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc No. 1
offered by the gentleman from Missouri (Mr. Graves).
The en bloc amendments were agreed to.
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part A of House Report 118-147.
It is now in order to consider amendment No. 4 printed in part A of
House Report 118-147.
The Chair understands that amendment No. 6 will not be offered.
Amendments En Bloc No. 2 Offered by Mr. Graves of Missouri
Mr. GRAVES of Missouri. Mr. Chair, pursuant to House Resolution 597,
I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 2, consisting of amendment Nos. 26, 28, 30,
31, 32, 34, 37, 38, 39, 40, 41, 42, 43, 45, 49, 51, 52, 55, 57, and 58
printed in part A of House Report 118-147, offered by Mr. Graves of
Missouri:
Amendment No. 26 Offered by Mr. Feenstra of Iowa
At the end of subtitle C of title VII, add the following:
SEC. __. RESPONSE TIME FOR APPLICATIONS TO PROVIDE ESSENTIAL
AIR SERVICE.
The Secretary of Transportation shall take such actions as
are necessary to respond with an approval or denial of any
application filed by an applicant to provide essential air
service under subchapter II of chapter 417 of title 49,
United States Code, to the greatest extent practicable no
later than 6 months after receiving such application.
[[Page H3809]]
Amendment No. 28 Offered by Mr. Fitzpatrick of Pennsylvania
Page 462, line 3, insert ``commercial passenger'' after
``barrier on''.
Page 462, line 7, insert ``chair and'' after ``shall''.
Page 462, line 10, strike ``each of'' and insert ``from the
constituencies of''.
Page 462, strike line 13.
Page 462, line 14, strike ``(4)'' and insert ``(3)''.
Page 462, strike lines 15 through 17 and insert the
following:
(4) passenger aircraft pilots represented by a labor group;
(5) flight attendants represented by a labor group;
(6) airline passengers; and
Page 463, beginning on line 17, strike ``18 months'' and
insert ``12 months''.
Amendment No. 30 Offered by Mr. Robert Garcia of California
Page 472, line 1, insert ``or where crew would reasonably
believe an aircraft lined up on an incorrect runway or
incorrect taxiway, the aircraft landing at the wrong airport,
the aircraft significantly overpassed the destination
airport, or the crew have been alerted of a possible pilot
deviation'' after ``Regulations,''.
Page 473, line 11, strike the closing quotation mark and
final period.
Page 473, after line 11, insert the following:
``(d) Rule of Construction.--Nothing in this section shall
be construed to affect--
``(1) the confidentiality of recordings and transcripts
under section 1114(c);
``(2) the ban on recordings for civil penalty or
certificate action under section 121.359(h) of title 14, Code
of Federal Regulations; or
``(3) the prohibition against use of data from flight
operational quality assurance programs for enforcement
purposes under section 13.401 of 14, Code of Federal
Regulations.''.
Amendment No. 31 Offered by Mrs. Gonzalez-Colon of Puerto Rico
At the end of title VIII, add the following:
SEC. __. STUDY ON AIR CARGO OPERATIONS IN PUERTO RICO.
(a) In General.--No later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study on air cargo operations in
Puerto Rico.
(b) Contents.--In conducting the study required under
subsection (a), the Comptroller General shall address the
following:
(1) The economic impact of waivers authorized by the
Secretary of the Department of Transportation related to air
cargo operations in Puerto Rico.
(2) Recommendations for security measures that may be
necessary to support increased air cargo operations in Puerto
Rico.
(3) Potential need for additional staff to safely
accommodate additional air cargo operations.
(4) Airport infrastructure improvements that may be needed
in the 3 international airports located in Puerto Rico to
support increased air cargo operations.
(5) Alternatives to increase private stakeholder engagement
and use of the 3 international airports in Puerto Rico to
attract increased air cargo operations.
(6) Possible national benefits of increasing air cargo
operations in Puerto Rico.
(c) Report.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General shall submit
to the appropriate Committees of Congress a report on the
results of the study described in subsection (a).
Amendment No. 32 Offered by Mr. Gooden of Texas
At the end of title VIII, insert the following:
SEC. 8__. PROHIBITION ON OPERATION OF AIRCRAFT OVER RUSSIAN
AIRSPACE.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Transportation,
in consultation with the Secretary of State and other
relevant Federal officials, shall--
(1) amend NOTAM KICZ NOTAM A0005/22-Security, titled
``United States of America Prohibition Against Certain
Flights in specified areas of the Moscow (UUWV), Samara
(UWWW) and Rostov-Na Donu (URRV) Flight Information Regions
(FIR))'' to apply the prohibitions equally to air carriers
and foreign air carriers landing in or taking off from an
airport in the United States;
(2) take other actions within the authorities of the
Secretary to apply to foreign air carriers landing in, or
taking off from, an airport in the United States prohibitions
consistent with the prohibitions in the NOTAM referred to in
paragraph (1); or
(3) provide to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, a briefing, in a classified or unclassified setting,
if the Secretary finds that the implementation of paragraph
(1) or (2) is--
(A) unnecessary;
(B) not in the public interest; or
(C) not consistent with the foreign policy priorities of
the United States.
(b) Sunset.--Any prohibition implemented pursuant to
subsection (a) shall terminate on the date on which the NOTAM
referred to in subsection (a) is rescinded.
(c) Savings Clause.--Nothing in this section shall be
construed as putting any limitation on the authority of the
Secretary of Transportation to implement any prohibition in
addition or subsequent to a prohibition implemented under
subsection (a).
(d) Definitions.--Each of the terms used in this section
shall have the meanings given such terms in section 40102(a)
of title 49, United States Code.
Amendment No. 34 Offered by Mr. Gottheimer of New Jersey
At the end of title VII, add the following:
SEC. ___. GAO STUDY ON CERTAIN AIRPORT DELAYS.
The Comptroller General of the United States shall conduct
a study on flight delays in the States of New York, New
Jersey, and Connecticut and the possible causes of such
delays.
Amendment No. 37 Offered by Ms. Hageman of Wyoming
Page 738, after line 17, insert the following (and
redesignate the subsequent subparagraph accordingly):
``(E) ensure that any procurement of new equipment takes
into account the life cycle, reliability, performance,
service support, and costs to guarantee the acquisition of
equipment that is of high quality and reliability resulting
in greater performance and cost-related benefits for
airports;
Amendment No. 38 Offered by Ms. Hageman of Wyoming
At the end of subtitle A of title V, add the following:
SEC. ___. PROVIDING NON-FEDERAL WEATHER OBSERVER TRAINING TO
AIRPORT PERSONNEL.
The Administrator of the Federal Aviation Administration
shall take such actions as are necessary to provide training
that is easily accessible and streamlined for airport
personnel to become certified as non-Federal weather
observers so that such personnel can manually provide weather
observations when automated surface observing systems and
automated weather observing systems experience outages and
errors in order to ensure operational safety at airports.
Amendment No. 39 Offered by Ms. Hageman of Wyoming
At the end of title VIII, add the following:
SEC. ___. GAO STUDY ON AVIATION WORKFORCE.
(a) In General.--The Comptroller General of the United
States shall conduct a study on methods related to the
recruitment, retention, employment, education, training, and
well-being of the aviation workforce specifically within
rural communities.
(b) Collaboration.--In conducting the study under
subsection (a), the Comptroller General shall collaborate
with industry stakeholders and rural aviation facilities to
ascertain the best policies for increasing participating in
the aviation workforce community from individuals from rural
communities.
(c) Report to Congress.--Not later than 120 days after the
date of enactment of this Act, the Comptroller General shall
submit the results of the study under subsection (a) to the
appropriate congressional committees.
(d) Administrative Actions.--The Administrator of the
Federal Aviation Administration shall take such actions as
are reasonable to implement the recommendations made by the
Comptroller General from the study conducted under subsection
(a).
Amendment No. 40 Offered by Mr. Higgins of Louisiana
Add at the end of title VIII the following:
SEC. 844. ASSESSMENT BY INSPECTOR GENERAL OF THE DEPARTMENT
OF TRANSPORTATION OF COUNTER-UAS SYSTEM
OPERATIONS.
(a) Assessment.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of Transportation shall assess all actions taken
by the Federal Aviation Administration affecting the ability
of U.S. Customs and Border Protection to conduct counter-UAS
system operations at the southern border of the United States
from January 1, 2021, to such date of enactment.
(b) Considerations.--The assessment under subsection (a)
shall consider the following impacts:
(1) Operational capabilities of U.S. Customs and Border
Protection in detecting and mitigating unauthorized unmanned
aircraft systems.
(2) Coordination efforts and information sharing between
the Federal Aviation Administration and U.S. Customs and
Border Protection regarding counter-UAS system operations.
(3) Any other impacts or considerations the Inspector
General of the Department of Transportation determines
relevant.
(c) Report.--Not later than 90 days after the completion of
the assessment under subsection (a), the Inspector General of
the Department of Transportation shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing the
findings of such assessment.
(d) Definitions.--In this section:
(1) Counter-UAS system.--The term ``counter-UAS system''
has the meaning given such term in section 44801 of title 49,
United States Code.
(2) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
AMENDMENT NO. 41 OFFERED BY MR. HILL OF ARKANSAS
At the end of title VIII, add the following:
SEC. __. BRIEFING ON LIT VORTAC PROJECT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the
[[Page H3810]]
Administrator of the Federal Aviation Administration shall
provide a briefing on the Little Rock Port Authority Very
High Frequency Omni-Directional Radio Range Tactical Air
Navigation Aid Project (LIT VORTAC) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Briefing Contents.--The briefing required under
subsection (a) shall include the following:
(1) (1) The status of the efforts by the Federal Aviation
Administration to relocate the LIT VORTAC.
(2) The status of new flight planning of the relocated
VORTAC.
(3) A description of and timeline for each remaining phase
of the relocation project.
AMENDMENT NO. 42 OFFERED BY MR. HOULAHAN OF PENNSYLVANIA
At the end of title VIII, add the following:
SEC. __. REIMBURSEMENT FOR FINANCIAL LOSSES DUE TO CERTAIN
AIRPORT CLOSURES.
(a) Notification Required.--Not later than 30 days after
the date on which a President takes office, the Administrator
of the Federal Aviation Administration shall provide
notification to specified aviation entities located at any
airports that may be expected to close at any point during
the term of such President due to temporary flight
restrictions related to any residence of the President that
is designated or identified to be secured by the United
States Secret Service.
(b) Reimbursement Required.--Subject to the availability of
appropriations, the Administrator shall provide financial
reimbursement to specified aviation entities in an amount
equal to the direct and incremental financial losses incurred
while an airport, or portion thereof, is closed solely due to
the actions of the Federal Government as described in
subsection (a). The Administrator shall provide reimbursement
for such losses.
(c) Audit Required.--The Administrator may not obligate or
distribute reimbursement funding described in subsection (b)
until an audit of the financial losses incurred by a
specified aviation entity is completed by the Administrator.
The Administrator may request that specified aviation
entities provide documentation which the Administrator
determines is necessary to complete such audit.
(d) Ineligible Costs.--In carrying out this section, the
Administrator shall ensure that any loss incurred as a result
of a violation of law, or through fault or negligence, of a
specified aviation entity are not eligible for reimbursements
(e) Government Release From Liability.--The United States
Government shall not be liable for claims for financial
losses resulting from airport closures described in
subsection (a).
(f) Specified Aviation Entity Defined.--In this section,
the term ``specified aviation entity'' means--
(1) an airport sponsor that does not provide gateway
operations;
(2) a provider of general aviation ground support services;
or
(3) an impacted aviation tenant.
AMENDMENT NO. 43 OFFERED BY MR. HOYLE OF OREGON
Page 494, after line 12, insert the following:
(d) Training Materials.--Not later than 6 months after the
completion of the safety review required under subsection
(a), the Administrator shall develop and publish training and
related educational materials about aircraft engine ingestion
and jet blast hazards for ground crews (including supervisory
employees) that includes information on--
(1) the specific dangers and consequences of entering
engine ingestion or jet blast zones;
(2) proper protocols to avoid entering an engine ingestion
or jet blast zone; and
(3) on-the-job, instructor-led training to physically
demonstrate the engine ingestion zone boundaries and jet
blast zones for each kind of aircraft the ground crew may
encounter.
AMENDMENT NO. 45 OFFERED BY MR. HUIZENGA OF MICHIGAN
At the end of title VIII, add the following:
SEC. __. PROHIBITION ON CERTAIN RUNWAY LENGTH REQUIREMENTS.
Notwithstanding any other provision of law, the Secretary
of Transportation may not require an airport to shorten the
length or width of the airport's runway, apron, or taxiway as
a condition for the receipt of federal financial assistance
if the airport directly supports a base of the United States
Air Force or the Air National Guard at the airport,
regardless of the stationing of military aircraft.
AMENDMENT NO. 49 OFFERED BY MR. JOHNSON OF SOUTH DAKOTA
Page 337, after line 25, insert the following:
``(B) Cloud-based, interactive digital platforms.--The
Administrator is encouraged to utilize cloud-based,
interactive digital platforms to meet community engagement
and agency coordination requirements under subparagraph
(A).''.
AMENDMENT NO. 51 OFFERED BY MR. KEAN OF NEW JERSEY
Page 613, line 15, strike ``and''.
Page 613, line 19, strike the period and insert ``; and''.
Page 613, after line 19, insert the following:
(F) consult with the Secretary of Defense with regard to--
(i) the U.S. Air Force Agility Prime Program and powered-
lift aircraft evaluated and deployed for military purposes,
including the F35B program;
(ii) the commonalities and differences between powered-lift
aircraft types and the handling qualities of such aircraft;
and
(iii) the pathways for pilots to gain proficiency and earn
the necessary ratings required to act as a pilot in command
of powered-lift aircraft.
AMENDMENT NO. 52 OFFERED BY MR. KILMER OF WASHINGTON
Page 256, beginning on line 9, strike ``an improvement of
any runway, taxiway, or apron'' and insert ``improvements, or
planning for improvements,''.
Page 256, beginning on line 12, strike ``under visual
flight rules''.
Page 256, line 13, insert ``(defined as an earthquake,
flooding, high water, wildfires, hurricane, storm surge,
tidal wave, tornado, tsunami, wind driven water, sea level
rise, tropical storm, cyclone, land instability, or winter
storm)'' after ``natural disaster''.
Page 256, line 17, insert ``or Incident support base''
after ``staging area''.
AMENDMENT NO. 55 OFFERED BY MS. LEE OF NEVADA
Page 555, line 16, insert ``including research'' after
``agricultural purposes''.
Page 581, line 15, insert ``research,'' before ``wildfire
detection, mitigation, and suppression''.
AMENDMENT NO. 57 OFFERED BY MR. LYNCH OF MASSACHUSETTS
Page 374, strike lines 6 through 8 and insert the
following:
(i) multiple airport communities and communities in the
vicinity of airports;
AMENDMENT NO. 58 OFFERED BY MR. LYNCH OF MASSACHUSETTS
Page 382, line 20, strike ``and''.
Page 382, after line 20, insert the following:
(H) ensuring engagement with local community groups as
appropriate in conducting the other responsibilities
described in this section; and
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Missouri (Mr. Graves) and the gentleman from Washington (Mr.
Larsen) each will control 15 minutes.
The Chair recognizes the gentleman from Missouri.
Mr. GRAVES of Missouri. Mr. Chairman, I yield myself such time as I
may consume.
I rise in support of en bloc No. 2, containing 20 amendments from my
colleagues on both sides of the aisle. This en bloc reflects the
bipartisan work of our committee, which has done what we have done to
address Members' priorities.
This includes bipartisan agreements on several amendments that we
considered during our markup, including requiring the FAA to develop
training materials to improve safety for airport ramp workers, and it
requires the GAO to conduct a study on air cargo operations in Puerto
Rico.
Furthermore, the en bloc package includes amendments to ensure the
Secretary responds to essential air service contracts in a timely
manner, allowing the FAA to provide weather observer training to
airport personnel and ensures that United States passengers on foreign
air carriers are protected in the same manner as they would be on
United States air carriers by avoiding Russian airspace.
Mr. Chair, I urge my colleagues to support this bipartisan en bloc
package, and I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I rise in support of this en
bloc. It includes several provisions that will improve the bill
overall, including amendments from Representatives Lee, Hoyle,
Gottheimer, Lynch, and others.
I support this en bloc and encourage my colleagues to do the same. I
have no other speakers on amendments en bloc No. 2, so I yield back the
balance of my time.
Mr. GRAVES of Missouri. Mr. Chairman, I don't have any speakers, so I
am prepared to close. I urge my colleagues to support these amendments
en bloc, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc No. 2,
offered by the gentleman from Missouri (Mr. Graves).
The en bloc amendments were agreed to.
Amendments En Bloc No. 3 Offered by Mr. Graves of Missouri
Mr. GRAVES of Missouri. Mr. Chair, pursuant to House Resolution 597,
I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
[[Page H3811]]
Amendments en bloc No. 3 consisting of amendment Nos. 54, 56, 59, 63,
66, 72, 78, 79, 80, 81, 82, 83, 84, 86, 95, 96, and 97 printed in part
A of House Report number 118-147 offered by Mr. Graves of Missouri.
Amendment No. 54 Offered by Mr. Lawler of New York
At the end of title VIII, add the following:
SEC. _. STUDY ON PILOT SUPPLY ISSUES.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the shortage of pilots faced
by air carriers.
(b) Contents.--In conducting the study under subsection
(a), the Comptroller General shall address ways to overcome
challenges to the pilot workforce.
Amendment No. 56 Offered by Mr. Lucas of Oklahoma
Page 782, beginning on line 18, strike ``a plan to'' and
all that follows through ``expand overall'' and insert ``a
plan to expand overall''.
Page 783, line 2, strike ``; and'' and insert a period.
Page 783, strike line 3.
Page 783, beginning on line 9, strike ``Academies'' and
insert ``Academy''.
Page 783, beginning on line 16, strike ``, and whether
field training can be administered more flexibly, such as at
other Federal Aviation Administration locations across the
country''.
Page 784, line 1, strike ``virtual''.
Page 784, strike lines 5 through 8.
Page 784, beginning on line 9, strike ``costs of'' and all
that follows through ``expanding Federal'' and insert ``costs
of expanding Federal''.
Page 784, line 11 insert ``at the existing air traffic
control academy'' after ``capacity''.
Page 784, line 12, strike ``; and'' and insert a period.
Page 784, strike lines 13 through 14.
Amendment No. 59 Offered by Mr. Magaziner of Rhode Island
Page 256, after line 19, insert the following (and
redesignate the subsequent subparagraph accordingly):
(V) a project to comply with rulemakings and
recommendations on cybersecurity standards from the
rulemaking committee convened under section 574 of the
Securing Growth and Robust Leadership in American Aviation
Act.
Amendment No. 63 Offered by Ms. Meng of New York
Page 362, line 1, insert ``and in overflight communities''
after ``in the vicinity of airports''.
Page 362, after line 11, insert the following:
(e) Overflight Community Defined.--In this section, the
term ``overflight community'' means an area--
(1) located under the flight paths of aircraft;
(2) that experiences noise annoyance from such aircraft or
airports; and
(3) that is located in an area that experiences a day-night
average sound level lower than the threshold of significant
noise exposure established by the Administrator of the
Federal Aviation Administration.
Amendment No. 66 Offered by Mr. Neguse of Colorado
Page 380, beginning on line 11, insert ``interviews with
impacted residents,'' after ``other Federal agencies,''.
Amendment No. 72 Offered by Mrs. Peltola of Alaska
Page 438, line 11, strike ``reconstructing and
rehabilitating'' and insert ``rehabilitating, reconstructing,
or extending''.
Amendment No. 78 Offered by Ms. Pettersen of Colorado
Page 67, line 6, strike ``in decision making processes''.
Amendment No. 79 Offered by Ms. Pettersen of Colorado
Page 476, line 4, strike ``and''.
Page 476, line 13, strike the period and insert ``; and''.
Page 476, after line 13, insert the following:
(3) what contents of the emergency medical kits should be
readily available, to the extent practicable, for use by
flight crews without prior approval by a medical
professional.
Amendment No. 80 Offered by Ms. Pettersen of Colorado
Page 247, line 8, insert ``, including antidepressants''
before the semicolon.
Amendment No. 81 Offered by Ms. Pettersen of Colorado
Page 248, line 14, strike ``and'' at the end.
Page 248, after line 14, insert the following (and
redesignate accordingly):
(C) consider implementing the final recommendations report
issue by the Office of the inspector general of the
Department of Transportation titled, ``FAA Conduct
Comprehensive Evaluations of Pilots With Mental Health
Challenges, but Opportunities Exist to Further Mitigate
Safety Risks'' and published on July 12, 2023; and
Amendment No. 82 Offered by Mr. Pfluger of Texas
Page 712, after line 10, insert the following:
(e) Sense of Congress.--It is the sense of Congress that
route structures to rural airports serve a critical function
to our Nation by connecting many of our military
installations to major regional airline hubs.
Amendment No. 83 Offered by Mr. Porter of California
At the end of title VIII, add the following:
SEC. __. GAO STUDY ON FAA RESPONSIVENESS TO CONGRESS.
(a) GAO Study.--The Comptroller General of the United
States shall conduct a study on--
(1) the level of responsiveness of the Administrator of the
Federal Aviation Administration to a request for information
from a Member of Congress, including a written congressional
inquiry and staffing a meeting at the request of such a
Member; and
(2) the average timeframe responses are provided to the
requests described in paragraph (1).
(b) Annual Briefing to Congress.--Section 106 of title 49,
United States Code, is amended by adding at the end the
following:
``(u) Annual Briefing to Congress.--The Administrator shall
annually brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on--
``(1) the efforts, activities, objectives, and plans of the
Administration; and
``(2) the efforts of the Administration to engage with
Congress and the public.''.
Amendment No. 84 Offered by Mr. Pressley of Massachusetts
At the end of title VIII, add the following:
SEC. ___. GAO STUDY ON TRANSIT ACCESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study, and make the results of such
study publicly accessible, on transit access to airports.
(b) Contents.--In carrying out the study under subsection
(a), the Comptroller General shall review public
transportation access to commercial service airports
throughout the United States, including cost, disability
accessibility, and other potential barriers for individuals.
Amendment No. 86 Offered by Mr. Rose of Tennessee
At the end of subtitle A of title VII, add the following:
SEC. ___. GAO REPORT ON MASS FLIGHT CANCELLATION EVENT.
(a) Report Required.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actions of the Department of
Transportation during the period beginning 2 weeks before
July 4th, 2023, and ending two weeks after July 4th, 2023,
that resulted in substantial flight calculations during such
period.
(b) Examination.--In developing the report under subsection
(a), the Comptroller general shall examine--
(1) all actions the Secretary of Transportation and the
Administrator of the Federal Aviation Administration took to
mitigate flight disruptions and flight cancellations during
such period; and
(2) any actions not taken by the Secretary or the
Administrator that may have mitigated flight disruptions and
cancellations during such period.
Amendment No. 95 Offered by Mr. Van Drew of New Jersey
Page 602, after line 15, insert the following:
(J) Operators pursuing or holding a certificate for the
operation of an unmanned aircraft weighing 55 pounds or more.
Amendment No. 96 Offered by Mr. Westerman of Arkansas
Strike section 204 of the bill and insert the following:
SEC. 204. DATA PRIVACY.
(a) In General.--Chapter 441 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 44114. Privacy
``(a) In General.--Notwithstanding any other provision of
law, the Administrator of the Federal Aviation Administration
shall establish and continuously improve a process by which,
upon request of a private aircraft owner or operator, the
Administrator blocks the registration number and other
similar identifiable data or information, except for physical
markings required by law, of the aircraft of the owner or
operator from any public dissemination or display (except in
furnished data or information made available to or from a
Government agency pursuant to a government contract,
subcontract, or agreement) for the noncommercial flights of
the owner or operator.
``(b) Withholding Personally Identifiable Information on
the Aircraft Registry.--Not later than 1 year after the
enactment of this Act and notwithstanding any other provision
of law, the Administrator shall establish a procedure by
which, upon request of a private aircraft owner or operator,
the Administrator shall withhold from public disclosure
(except in furnished data or information made available to or
from a Government agency pursuant to a government contract,
subcontract, or agreement, including that for traffic
management purposes) the personally identifiable information
of such individual, including on FAA websites.
``(c) Icao Aircraft Identification Code.--
``(1) In general.--The Administrator shall establish a
program for aircraft owners and operators to apply for a new
ICAO aircraft identification code.
[[Page H3812]]
``(2) Limitations.--In carrying out the program described
in paragraph (1), the Administrator shall require--
``(A) each applicant to attest to a safety or security need
in applying for a new ICAO aircraft identification code; and
``(B) each approved applicant who obtains a new ICAO
aircraft identification code to comply with all applicable
aspects of, or related to, part 45 of title 14, Code of
Federal Regulations, including updating an aircraft's
registration number and N-Number to reflect such aircraft's
new ICAO aircraft identification code.
``(d) Decoupling Mode S Codes.--The Administrator shall
develop a plan for which the Administrator could allow for a
process to disassociate an assigned Mode S code with the
number assigned to an aircraft that is registered pursuant to
section 44103.
``(e) Definitions.--In this section:
``(1) Ads-b.--The term `ADS-B' means automatic dependent
surveillance-broadcast.
``(2) Icao.--The term `ICAO' means the International Civil
Aviation Organization.
``(3) Personally identifiable information.--The term
`personally identifiable information' means--
``(A) the mailing address or registration address of an
individual;
``(B) an electronic address (including an email address) of
an individual; or
``(C) the telephone number of an individual.
``(D) the names of the aircraft owner or operator.''.
(b) Study on Encrypting Ads-b.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall seek to enter into an agreement
with a qualified organization to conduct a study assessing
the technical challenges, impact to international aviation
operations, benefits, and costs of encrypting ADS-B signals
to provide for a safer and more secure environment for
national airspace system users.
(2) Consultation.--In carrying out the study under
paragraph (1), a qualified organization shall consult with
representatives of--
(A) air carriers;
(B) collective bargaining representatives of the Federal
Aviation Administration aero3 nautical information
specialists;
(C) original equipment manufacturers of ADS-B equipment;
(D) general aviation;
(E) business aviation; and
(F) aviation safety experts with specific knowledge of
aircraft cybersecurity.
(3) Considerations.--In carrying out the study under
paragraph (1), a qualified organization shall consider--
(A) the technical requirements for encrypting ADS-B signals
for both the 978 Mhz and 1090 Mhz frequencies;
(B) the advantages of encrypting ADS-B signals for both the
978 Mhz and 1090 Mhz frequencies, including those related to
cybersecurity protections, safety, and privacy of national
airspace system users;
(C) the disadvantages of encrypting ADS- B signals for both
the 978 Mhz and 1090 Mhz frequencies, including those related
to cybersecurity protections, safety, and privacy of national
airspace system users;
(D) the challenges of encrypting ADS-B signals for both the
978 Mhz and 1090 Mhz frequencies, including coordination
considerations with the International Civil Aviation
Organization and foreign civil aviation authorities;
(E) potential new aircraft equipage requirements and
estimated costs;
(F) the impact to nongovernmental third party users of ADS-
B data;
(G) the estimated costs to--
(i) the Federal Aviation Administration;
(ii) aircraft owners required to equip with ADS-B equipment
for aviation operations; and
(iii) other relevant persons the Administrator determines
necessary; and
(H) the impact to national airspace system operations
during implementation and post-implementation.
(4) Report.--In any agreement entered into under paragraph
(1), the Administrator shall ensure that, not later than 1
year after the completion of the study required under
paragraph (1), the qualified organization that has entered
into such agreement shall submit to the Administrator, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate a report on the results of
the study described in paragraph (1), including the findings
and recommendations related to each item specified under
paragraph (3).
(5) Definition of qualified organization.--In this
subsection, the term ``qualified organization'' means an
independent nonprofit organization, described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code.
(c) Clerical Amendment.--The analysis for chapter 441 of
title 49, United States Code, is amended by adding at the end
the following:
``44114. Privacy.''.
(d) Conforming Amendment.--Section 566 of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44103 note) and the
item relating to such section in the table of contents under
section 1(b) of that Act are repealed.
Amendment No. 97 Offered by Mr. Westerman of Arkansas
In section 609(b)(3), strike ``and'' after the semicolon.
In section 609(b)(4), strike the period and insert ``;
and''.
In section 609(b), add at the end the following:
(5) ensure the safety of manned aircraft operating in the
national airspace system.
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Missouri (Mr. Graves) and the gentleman from Washington (Mr.
Larsen) each will control 15 minutes.
The Chair recognizes the gentleman from Missouri.
Mr. GRAVES of Missouri. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I rise in support of this en bloc, which contains 17
amendments to H.R. 3935 offered by my colleagues on both sides of the
aisle.
This en bloc package includes amendments that seek to require the
Government Accountability Office to study the pilot shortage, require
community feedback regarding aircraft noise matters, improve emergency
medical kits on board aircraft, require an audit of recent flight
cancellations that continue to plague passengers and travelers, as well
as many more things in this en bloc.
I urge support of this en bloc package and encourage a ``yes'' vote
by all Members.
Mr. Chair, I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I rise in support of this en
bloc. It includes several amendments that strengthen the bill,
including:
A proposal from Representative Magaziner to ensure AIP funding can be
used for cybersecurity projects;
An amendment from Representatives Meng, Norton, Johnson, Nadler, and
Raskin to ensure overflight community feedback is considered as the FAA
updates its aircraft noise policies;
A proposal from Representative Neguse of Colorado to ensure the FAA
directly interviews residents from communities impacted by aircraft
noise as part of its community engagement efforts;
Several proposals from Representative Pettersen of Colorado to
address community noise concerns, in-flight emergency medical kits, and
pilot mental health;
A bipartisan proposal from Representatives Porter and Westerman to
audit and improve the FAA's responsiveness to congressional requests--I
just can't imagine who couldn't support that; and
A proposal from Representative Pressley to study transit access to
airports.
Mr. Chair, I urge all Members to support en bloc No. 3, and I yield
back the balance of my time.
{time} 1400
Mr. GRAVES of Missouri. Mr. Chairman, I yield 3 minutes to the
gentleman from Tennessee (Mr. Rose).
Mr. ROSE. Mr. Chair, I rise in support of my amendment, which
requires a GAO report on the recent mass flight cancellations and
delays that crippled our Nation surrounding the Fourth of July holiday.
Mr. Chair, listen to these headlines:
From Newsweek: ``July 4th Travel Chaos as Thousands of Airline
Passengers Face Cancellations.''
From the Associated Press: ``Travelers endure another day of airport
agony.''
From the Insider news site: ``Get ready for a flightmare: What to
expect if you are one of the 4 million Americans flying this
Independence Day weekend.''
Mr. Chair, I include in the Record each of these articles.
[From Newsweek.com, June 29, 2023]
July 4th Travel Chaos as Thousands of Airline Passengers Face
Cancellations
(By Khaleda Rahman)
Hundreds of flights in the U.S. have been canceled
Thursday, a worrying indication of the chaos summer travelers
could endure as they prepare to fly during the busy July 4
weekend.
Airline passengers suffered through yet another day of
delayed and canceled flights on Wednesday, with the East
Coast continuing to be the hardest hit as storms pummel the
region.
Around 1,200 U.S. flights were canceled on Wednesday, while
nearly 7,000 were delayed, according to flight-tracking
website FlightAware.
By early Thursday, 344 flights within, into and out of the
U.S. had been canceled and at least 500 more were delayed. Of
the cancelled flights, 78 had been scheduled to fly in or out
[[Page H3813]]
of New Jersey's Newark Liberty Airport, 74 were at Denver
airport, and 62 at Houston's George Bush Intercontinental
Airport.
The Federal Aviation Administration expects Thursday to be
the busiest travel day of the long weekend, with more than
52,500 total flights.
United Airlines, which uses Newark airport as its New York
area hub, canceled 263 flights on Thursday, the most among
U.S. airlines for a sixth straight day.
``We're beginning to see improvement across our operation.
We expect to cancel far fewer seats today compared to
yesterday and our baggage backlog at Newark has dropped more
than 30 percent since Tuesday, and off-duty flight attendants
are calling in from across the country to staff open trips,''
United said in a statement to Newsweek on Wednesday night.
``It's all-hands-on-deck as our pilots get aircraft moving,
contact center teams work overtime to take care of our
customers, and our airport customer service staff works
tirelessly to deliver bags and board flights. As our
operation improves in the days ahead, we will be on track to
restore our operation for the holiday weekend.''
Many passengers who were left stranded have taken to social
media to express their anger, with some saying they were
forced to sleep in airport terminals.
``My wife & 2 toddlers are sleeping in an airport terminal
tonight because @united bumped the flight three times, put on
standby for a midnight flight, then bumped again until
tomorrow morning,'' a Twitter user named John wrote.
``On hold w a rep since 3 pm today. Nobody at counters.
They don't care.''
Some, including Margo Osborne, said they would never fly
with certain airlines again.
``Will never fly @united again!'' Osborne tweeted. ``1000s
stranded at Newark, after countless flights canceled. No one
allowed to retrieve checked bag, even if u have medical equip
packed inside. Customer service was worst I've seen.''
United Airlines CEO Scott Kirby has blamed a shortage of
federal air traffic controllers for massive disruptions at
its Newark hub last weekend.
Over 150,000 customers in the New York City area were
impacted because of Federal Aviation Administration (FAA)
``staffing issues and their ability to manage traffic,''
Kirby wrote in a memo to employees on Monday night, according
to Fox Business. ``The FAA frankly failed us this weekend.''
``We will always collaborate with anyone seriously willing
to join us to solve a problem,'' an FAA spokesperson told
Newsweek.
The spokesperson said the FAA is ``working closely with
airlines to keep aircraft moving safely and efficiently over
the Fourth of July travel period.''
They also pointed to weekly updates on the FAA's website
with preliminary data on the causes of delays.
``Current delay data shows the vast majority are due to
weather and volume,'' the spokesperson said.
Transportation Secretary Pete Buttigieg, whose department
includes the FAA, took to social media on Wednesday to
reassure travelers that the FAA is working to ``find
solutions.''
``We are closely watching air travel this week. Weather has
been rough, especially in the last four or five days, it's
caused a lot of cancellations and delays for many passengers
around the country,'' he said in a video posted on Twitter.
``We've known that summer is going to be a stress test on
the system. The good news is we've seen a lot of progress
this year through Memorial Day and also a major improvement
to passenger rights compared to a year ago . . . FAA is
continuing to work around the clock with airlines and within
FAA's own operations to find solutions, get creative, make
sure the system is as resilient as possible.''
Last week, Buttigieg issued a new warning to airlines,
telling them that flights could be disrupted because some
planes lack updated equipment to prevent interference from
new 5G wireless service. He said only planes retrofitted with
the right equipment will be allowed to land when visibility
is poor, such as during bad weather.
____
[From apnews.com, June 27, 2023]
Travelers Endure Another Day of Airport Agony. One Airline Has by Far
the Most Cancellations
(By David Koenig)
Dallas (AP).--Air travelers endured another wave of flight
disruptions Thursday despite better weather along much of the
East Coast, while United Airlines continued to account for
the majority of canceled flights nationwide.
United vowed to get back on track over the July 4 holiday
weekend, when the number of air travelers could set a
pandemic-era record.
Hundreds of thousands of people have had travel plans
thrown in the air after a wave of storms raked the Northeast
over the past few days and frustrations are running high.
Airports in Chicago, Denver and Newark, New Jersey--all
hubs for United--were seeing the most delays on Thursday,
according to FlightAware.
By early evening on the East Coast, United had canceled
more than 400 flights, the bulk of the 600-plus cancellations
toted up by FlightAware. The Chicago carrier was poised to
lead all U.S. airlines in cancellations for a sixth straight
day.
United CEO Scott Kirby has blamed the airline's struggles
in Newark on a shortage of air traffic controllers in the New
York City area. Transportation Secretary Pete Buttigieg
pushed back against the criticism while conceding that a key
Federal Aviation Administration facility in New York is
severely understaffed.
``United Airlines has some internal issues they need to
work through. They have really been struggling this week,
even relative to other U.S. airlines,'' Buttigieg told CNN.
``But where we do agree is that there need to be more
resources for air traffic control.''
The FAA plans to hire 3,300 controllers over two years, but
they won't be ready to help this summer, much less this
weekend.
The leader of United's union pilots--who are locked in
difficult contract negotiations--blamed management for the
disruptions, saying the company failed to upgrade a
crewscheduling system.
``While Scott Kirby attempts to deflect blame on the FAA,
weather and everything in between, further flight delays are
a direct result of poor planning by United Airlines
executives,'' Garth Thompson said.
United is offering triple pay to flight attendants who are
scheduled off this weekend but agree to pick up extra
flights, according to their union. The Association of Flight
Attendants also said crews calling in for assignments have
been put on hold for three hours or longer.
``The airline actually `lost' crews in the system for days
on end because there was such a significant breakdown in
running the operation,'' said Ken Diaz, president of the
flight attendants' group at United. He said the company
scheduled summer flights ``to the max'' even knowing about
air traffic control limits in the Northeast.
United said it was getting a handle on its problems.
``We're seeing continued meaningful improvement today after
an overnight effort to further repair schedules and match
separated crews with aircraft,'' the airline said in a midday
statement. ``As the recovery progresses, delays and
cancellations will continue to decline as we head into what
we expect to be a very busy holiday weekend.''
Because planes are packed for the summer, it is hard for
airlines to rebook customers when flights are canceled--there
aren't many empty seats.
Ariana Duran of Orlando, Florida, said JetBlue rebooked her
for seven days later when her flight home from Newark was
canceled this week. So she got creative.
Her boyfriend spotted a $1,200 seat on another airline, but
it was gone before they could buy it. She looked into Amtrak.
Duran, who does marketing for an insurance company, wound up
paying about $640 for a one-way ticket to Orlando--with a
stop in the Florida Keys--on United Express and Silver
Airways.
Duran didn't care when they told her it would be a very
small plane. ``Just put me on a boat at this point,'' she
said.
Sonia Hendrix, who runs a public-relations firm in New
York, took four days to get home from a business trip to
Colorado. She was stranded one night in Atlanta and two in
Orlando, when connecting flights were canceled. She woke up
some mornings not knowing where she was.
Hendrix said a Delta agent threatened to cancel her
reservation when she complained about being offered only a
$50 voucher for her trip troubles. On the other hand, her
pilot, ``Captain Dan,'' waited in the airport and helped
passengers after the flight was canceled.
``This is not all Delta's fault. Their pilots and flight
crews were working very hard,'' she said. ``I blame the FAA.
I blame Buttigieg for sitting on his hands'' and not staffing
up air traffic control centers sooner.
Hendrix said she lost working time and spent $700 out of
pocket. She is so worried it could happen again that she is
reconsidering a business trip next month to Los Angeles.
The FAA said Thursday would be the busiest day of the
holiday stretch by number of flights. The Transportation
Security Administration said it expected to screen the most
travelers on Friday--a predicted 2.82 million people.
Scattered showers and thunderstorms may arrive later
Thursday in the Northeast, and storms were also forecast
farther south along the East Coast through Saturday. The West
is under threat of unstable weather for the next several
days.
Along with big crowds and storms, a technology issue could
add to travelers' difficulties. Federal officials say some
airline planes may be unable to fly in bad weather starting
Saturday because of possible interference from new 5G
wireless service.
American, United, Southwest, Alaska and Frontier say all
their planes have been retrofitted with new radio
altimeters--those are devices that measure the plane's height
above the ground--and they do not expect disruptions due to
5G service.
However, Delta Air Lines has about 190 planes in its fleet
of more than 900 that have not been updated because it can't
get enough altimeters from its supplier. Delta says it will
schedule those planes to avoid landing in poor visibility
while it works to upgrade them through the summer.
The issue affects several types of single-aisle planes that
Delta uses on routes within the United States, including all
its Airbus A220s and most of its Airbus A319 and A320 jets.
Smaller airlines that operate regional flights could also
be affected by the radio interference issue, as could flights
operated to the United States by foreign carriers.
[[Page H3814]]
By early evening in the East, about 5,300 flights had been
delayed, down from an average of 8,000 a day over the first
three days of the week.
____
[From insider.com]
Get Ready for a `Flightmare' if You're Flying This July 4 Holiday
(By Hannah Towey and Pete Syme)
Imagine the entire population of Los Angeles heading to an
airport--and then throw in Cincinnati, just for fun.
That's how many Americans are expected to fly over this
Independence Day weekend, which travel organization AAA
predicts will break records for car and air travel.
And the Transportation Security Administration says 17.7
million people will travel across the country from Thursday
through July 5.
It expects Friday to be the busiest day, projecting 2.82
million people will pass through TSA checkpoints--which would
beat its all-time single-day record of 2.8 million on June
16.
It's a huge test for the country's strained aviation
system, and the results aren't inspiring much confidence so
far.
Hundreds of thousands of people have had travel plans
thrown into chaos after a wave of storms raked the Northeast
in the last week of June and frustrations are running high,
with some stranded passengers resorting to sleeping on tables
and luggage carts.
One United passenger told Insider they were stuck in Newark
Liberty International Airport for two-and-a-half days waiting
for their flight to South Africa, ultimately causing them to
cancel their trip. Another United passenger said she had to
drive hundreds of miles and take another flight to meet up
with her bags--and she still couldn't get a hold of her
luggage.
On Thursday--which the Federal Aviation Administration
predicted to be the busiest day--7,845 flights within, into,
or out of the US were delayed or canceled, according to
flight tracker FlightAware.
Scattered showers and thunderstorms may arrive in the
Northeast, and storms were also forecast farther south along
the East Coast through Saturday. The West is also under
threat of unstable weather for the next several days.
``Storms are hitting the East Coast at the worst time:
right as the July 4th travel weekend begins to takeoff,''
Scott Keyes, the founder and chief flight expert of
Going.com, told Travel + Leisure magazine.
``Expect long lines, few empty seats, and lengthy hold
times to get ahold of customer service phone agents,'' he
added.
Chris Citrola, an FAA spokesman, said storms on the East
Coast had ``positioned themselves in the perfect spot.''
``What happens is a domino effect of issues,'' he added.
``We have crews that can't get to where they need to, we
can't get crews out of where they need to go to, and that
starts turning into a lot of issues at the airport itself.''
Along with big crowds and storms, a technology issue could
add to travelers' difficulties.
Federal officials say some airline planes may be unable to
fly in bad weather starting Saturday because of possible
interference from new 5G wireless service.
There's concern that boosted 5G signals could interfere
with radar altimeters--sensors which measures how high an
aircraft is above the ground, and are essential for flying in
low-visibility conditions.
Buttigieg warned of ``a real risk of delays or
cancellations,'' because hundreds of planes have yet to be
retrofitted with updated sensors.
American, United, Southwest, Alaska and Frontier say all
their planes have been updated, and they do not expect
disruptions due to 5G service.
However, Delta Air Lines has about 190 planes in its fleet
of more than 900 that have not been updated because it can't
get enough altimeters from its supplier. Delta says it will
schedule those planes to avoid landing in poor visibility
while it works to upgrade them through the summer.
The issue affects several types of single-aisle planes that
Delta uses on routes within the United States, including all
its Airbus A220s and most of its A319 and A320 jets.
And JetBlue said it expects its 17 A220 planes won't be
upgraded until October, The Wall Street Journal reported.
Smaller airlines that operate regional flights could also
be affected by the radio interference issue, as could flights
operated to the United States by foreign carriers.
Buttigieg said that around 20 percent of domestic planes
and 35% of international ones which fly to the US aren't yet
fitted with the updated equipment, per the Journal.
Backups are easing thanks to a break in the weather, but
United Airlines continues to bear the brunt of the
disruptions. The airline accounted for approximately 69% of
canceled flights in the US on Thursday, per FlightAware. The
Chicago-based carrier is poised to lead all airlines in
cancellations for a sixth straight day.
Airports in Chicago, Denver, and Newark, New Jersey--all
hubs for United--were seeing the most delays on Thursday,
according to FlightAware.
United CEO Scott Kirby blamed the airline's struggles in
Newark on a shortage of air traffic controllers in the New
York City area. Transportation Secretary Pete Buttigieg
pushed back against the criticism while conceding that a key
FM facility in New York is severely understaffed.
``United Airlines has some internal issues they need to
work through. They have really been struggling this week,
even relative to other U.S. airlines,'' Buttigieg told CNN.
``But where we do agree is that there need to be more
resources for air traffic control.''
The FAA plans to hire 3,300 controllers over two years, but
they won't be ready to help this summer, much less this
weekend.
United is offering triple pay to flight attendants who are
scheduled off this weekend but agree to pick up extra
flights, according to their union. The Association of Flight
Attendants also says crews calling in for assignments have
been put on hold for three hours or longer.
A spokesperson for United Airlines told Insider that the
carrier has seen ``meaningful improvement today after an
overnight effort to further repair schedules and match
separated crews with aircraft.''
``As the recovery progresses, delays and cancellations will
continue to decline as we head into what we expect to be a
very busy holiday weekend,'' the spokesperson added. ``We're
closely watching the weather, especially in Denver and
Chicago today, and are hopeful our customers will still see
fewer last-minute cancellations--which will reduce lines at
the airport.''
Mr. ROSE. Mr. Chair, with thousands of Fourth of July vacations lying
in ruins, it is vitally important for accountability as to what went so
catastrophically wrong with our Nation's aviation transportation
system.
That is why I was proud to author my amendment to require the GAO to
report to Congress on the actions of the Secretary of Transportation
and the Administrator of the Federal Aviation Administration related to
this travel nightmare.
Mr. GRAVES of Missouri. Mr. Chair, I have no further speakers at this
time.
Mr. Chair, I urge my colleagues to support this en bloc amendment,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Missouri (Mr. Graves).
The en bloc amendments were agreed to.
The Acting CHAIR (Mr. Rose). It is now in order to consider amendment
No. 7 printed in part A of House Report 118-147.
Amendment No. 10 Offered by Mr. Langworthy
The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part A of House Report 118-147.
Mr. LANGWORTHY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 546 (and redesignate the subsequent section
accordingly).
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from New York (Mr. Langworthy) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. LANGWORTHY. Mr. Chairman, I yield myself such time as I may
consume.
In 2009, Colgan Air Flight 3407 crashed in Clarence, New York, a
community in my district in western New York, killing 49 passengers and
1 person on the ground.
As a congressional staffer at the time, I was there on the ground at
the crash site. I saw firsthand the sights and the sounds and the grief
of the victims' families as they grappled with the reality that their
loved ones were gone. The crash was ruled a result of pilot error.
A year later, those families successfully fought to implement a set
of enhanced safety standards, including requiring pilots to obtain
1,500 hours of training. The results are indisputable. Since its
enactment, domestic airline fatalities have dropped 99.8 percent.
Simply put, they are working, and our skies are the safest they have
ever been.
My amendment protects the integrity of the 1,500-hour flight training
requirement in the face of efforts to lower pilot training standards
and jeopardize the safety of passengers and crew alike.
As Captain Sully Sullenberger, the miracle on the Hudson pilot, has
said, while simulators have their place for experienced pilots, they
are not a replacement for in-the-sky training, and this requirement
must be protected.
Our job as elected leaders is to protect public safety and to help
ensure
[[Page H3815]]
that no other family suffers the heartbreak of losing a loved one to an
avoidable air tragedy.
Mr. Chair, I urge my colleagues to support my amendment here today to
maintain high-quality training standards for our commercial pilots, and
I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Chairman, I rise in opposition to
amendment No. 10 offered by Mr. Langworthy.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. GRAVES of Missouri. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, it is hard to even know where to begin. The sad thing
about it is that very few people have actually read the report on what
happened to Flight 3407.
Starting out, I have to say that I don't question anybody's motives
on whether they oppose or support, or whatever the case may be. The sad
thing about it is the wrong questions are being asked.
Now, what we are trying to do does not in any way change or weaken
the 1,500-hour rule. What we are trying to say is that simulator time--
which you can simulate anything--should be used in training pilots.
I am an ATP, and I will kind of explain how that process works. You
get your private pilot certificate, and then you move on to your
commercial certificate. After an instrument rating, you get the single-
engine commercial rating, the multiengine commercial rating, and then
you move on to the ATP. It stands for airline transport pilot, and I
have that rating. I have flown all the profiles that anybody would have
to go through to achieve an ATP.
What is interesting in this whole process is that if you take a look
at the recommendations that came out of the investigation when it comes
to Flight 3407, the Buffalo accident, you have to wonder--again, this
is where the wrong questions are being asked.
The pilot had 3,379 total hours before the accident. This pilot
failed six checkrides, and not just checkrides that were recurrent. He
failed his initial instrument checkride. He failed his commercial
single-engine checkride. He failed his commercial multiengine
checkride. He failed at the Gulfstream Academy when he was checking out
in Gulfstreams. He failed his checkride in the Gulfstream. He failed
his ATP checkride and had to do remedial training. Then, ultimately,
when he was upgraded to the plane that was in the accident, he failed
his sixth checkride.
He didn't fail some of his checkrides when he advanced from one
rating to the next. He failed all of them and had to go to remedial
training.
I ask whether you would get on an airline or a flight or put your
family on a flight if you knew that the captain had failed all six
checkrides as he advanced through his process. No, you wouldn't, not in
a minute. Would you get on a flight if it was recommended that the
pilot have remedial training?
Here we are with a simulator. You can simulate anything. I remember
one of my simulator profiles, one of my simulator flights. We were
coming in. I was doing an approach and lost my autopilot as a result,
so I had to hand-fly the approach--zero visibility, 200-foot ceiling,
which is at the minimum.
As I am on approach, I lose sight of the runway because the ceiling
comes down. I have to execute a go-around to reestablish my approach.
This is all being done in the simulator.
As I am executing my go-around, I lose an engine. I have to execute a
go-around with one engine to minimums, and I have to get it on the
ground in zero-zero visibility.
You can't simulate that in a real airplane. You can't simulate any of
this, any emergency, in a real airplane.
First of all, in an airliner, that means the airplane is going to
have to be taken down because it is going to have to be checked. If you
do stalls in a full-blown airliner, you are going to have to take that
aircraft down to have the airframe inspected because of the stress that
is put on it.
Now, what I do want to point out is ALPA, the airline association
that represented the pilots, I got on their website and found it
fascinating. One of the things that they like to point out--I am glad
they were part of the board that was the ARAC. That is the Aviation
Rulemaking Advisory Committee, which is who we established to make
recommendations on exactly how much simulator time we should add. They
co-chaired the ARAC when it came to investigating this accident.
Do you know one of the things that they tout, one of the things that
they are very proud of on their website that they push? When it comes
to one of the recommendations made by the NTSB, additional training on
upset prevention and recovery, a new certification training program
course requirement. These new simulator-based training requirements
also include performing manual controlled maneuvers, procedures, slow
flight--all these things. They actually endorsed more simulator
training because you can simulate anything.
Today's simulators, by the way, are far and above what they were just
10 years ago.
I also have the testimony that the NTSB gave in the Senate hearing.
It is unfortunate, Mr. Chairman, because the testimony in the Senate
hearing says it all.
Mr. Chairman, may I inquire how much time I have remaining.
The Acting CHAIR. The time of the gentleman has expired.
Mr. GRAVES of Missouri. Mr. Chairman, I urge my colleagues not to
support this amendment.
Mr. LANGWORTHY. Mr. Chairman, I yield 1 minute to the gentleman from
Michigan (Mr. Bergman), one of only two commercial airline pilots in
Congress with more than 20,000 flight hours.
Mr. BERGMAN. Mr. Chairman, as a former commercial airline pilot with
more flight hours than pretty much almost anyone in Congress, so I have
been told, I value safety first, safety second, and safety third. I am
proud to stand with Representative Langworthy in support of his
amendment.
The substitution of simulator time--while you could argue that
simulators are better today, yes, they are--for a reduction in actual
flight time provides no substantive benefit to a prospective pilot.
While some may say that pilots only build hours by spinning around in
circles in the sky, I say that is patently false and portrays a pilot
workforce that Congress relies on each and every day of the week in a
very negative way.
Pilots have a variety of options when it comes to building hours, and
we should not assume every pilot will always do the bare minimum. In
fact, I have seen pilots always do the extra just to make sure they got
it right.
Congress should not be reducing safety and statutory flight hour
requirements under the assumption that somehow this will make pilots
gravitate toward regional airlines for employment. It won't.
Mr. Chairman, I thank the gentleman, and I offer great support for
his amendment.
Mr. LANGWORTHY. Mr. Chairman, I yield 1 minute to the gentleman from
New York (Mr. Higgins), my friend and colleague.
Mr. HIGGINS of New York. Mr. Chairman, as the Congressman has said,
prior to the crash in February 2009, we were of the belief that if the
plane said Continental, it was operated by the national carrier. It
wasn't true. It was operated by a regional carrier, and there were two
levels of safety, the larger carrier's 1,500 hours for pilots, and the
regional carrier's, in the case of this flight, 750 hours.
The National Transportation Safety Board did a thorough investigation
of the crash site and the circumstances surrounding it and made an
unequivocal conclusion that it was pilot error. The plane went into an
aerodynamic stall. The pilot did exactly the opposite of what they
should have done.
The plane pitched. It descended. As Mr. Langworthy has said, 49
people died, including 1 individual on the ground.
Since that change was made, commercial aviation fatalities decreased
by nearly 100 percent. We ask that the 1,500-hour pilot training rule
be sustained in the FAA reauthorization.
{time} 1415
Mr. LANGWORTHY. Mr. Chair, I yield 1 minute to the gentlewoman from
New York (Ms. Tenney).
Ms. TENNEY. Mr. Chair, Americans do not expect to take their life
into their own hands when they board a regional flight. They expect to
be safe no matter where they travel in the air.
[[Page H3816]]
Since the 1,500-hour flight requirement was passed in response to the
tragic 2009 Colgan Air Flight 3407 crash in Clarence, New York, the
success of the policy speaks for itself.
American airspace is among the safest in the world, with a 99.8
percent reduction in passenger airline accident fatalities since 2010.
This is why most pilot groups oppose any dilution of the flight-hour
requirement.
It is vital that our pilots have full competence in the high-stakes
environment of a cockpit in flight. I urge my colleagues to vote
``yes'' on Langworthy amendment No. 5 and stand with the flying public
and the Colgan Air Flight families.
Mr. LANGWORTHY. Mr. Chair, we put our lives in the hands of our
airline pilots, and we should apply the same standard of safety and
training that Americans have come to trust and to expect.
I strongly urge my colleagues to support this amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Langworthy).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Recorded Vote
Mr. HIGGINS of New York. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.
Amendment No. 23 Offered by Mr. Donalds
The Acting CHAIR. It is now in order to consider amendment No. 23
printed in part A of House Report 118-147.
Mr. DONALDS. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title VIII, add the following:
SEC. __. APPRENTICESHIP PROGRAM FOR PILOTS.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means a student
enrolled at a flight school.
(2) Flight school.--The term ``flight school'' means a
flight academy certified under part 141 of title 14, Code of
Federal Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--The Secretary, in consultation with
flight schools and other industry stakeholders, shall
establish an apprenticeship program with flight schools to
establish a pipeline of qualified and interested individuals
to become commercial pilots.
(c) Selection.--Under the apprenticeship program
established under subsection (b), each flight school
participating in the apprenticeship program established under
subsection (b) may select up to 8 applicants to flight school
to serve as apprentices each academic year.
(d) Curriculum and Requirements.--
(1) In general.--To graduate from an apprenticeship program
established under subsection (b), an apprentice shall satisfy
any relevant requirements and minimum curriculum under part
141 of title 14, Code of Federal Regulations (or successor
regulations), including all curriculum under subpart C of
such part.
(2) Minimum requirements.--Nothing in this Act prevents a
flight school from imposing additional requirements, such as
modifying the terms of service of the apprenticeship program,
on an apprentice taking part in an apprenticeship program
established pursuant to this section.
(e) Optional Program.--A flight school may choose not to
participate in an apprenticeship program established under
this section.
(f) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue such
regulations as are necessary to implement this Act.
(g) Incentivizing Retired Pilots.--The Secretary shall take
such actions as may be appropriate to develop methods to
incentivize pilots, including retired military pilots,
retiring airline pilots, and graduates of the apprenticeship
program established under this section, to become instructors
at flight schools, including through the development of
pathway programs for such pilots to gain initial
qualification or concurrent qualification as certified flight
instructors under part 61 of title 14, Code of Federal
Regulations.
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Florida (Mr. Donalds) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. DONALDS. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I rise today in support of my amendment, which establishes
a voluntary pilot apprenticeship program for students at Part 141
flight schools.
Up front, I will stress that this amendment has wide bipartisan
support, and providing yet another option to bolster the pilot pipeline
shouldn't be a partisan issue. Specifically, for the proposed
apprenticeship program, up to eight students enrolled at Part 141
flight schools would be eligible for a new apprenticeship program each
academic year.
To emphasize, this is a voluntary program, meaning flight schools can
choose to participate. Members might ask: Why establish an
apprenticeship program at flight schools?
There are several reasons:
First, apprentices will receive an airline standard of training and
will also be provided flexibility in pursuing career aviation
opportunities.
Second, the bill will incentivize individuals that have an interest
in aviation to attend their local flight schools, which in turn will
provide a greater opportunity to bolster the pilot pipeline and a
certified flight instructor pipeline simultaneously.
Third, this isn't a one-size-fits-all approach. The amendment
provides flexibility to establish an apprenticeship program that fits
the needs/curricula of the individual flight schools themselves. After
all, a flight school in southwest Florida may have completely different
operations compared to a flight school in Alaska.
Moreover, there are approximately 600 Part 141 flight schools in the
United States today; however, only approximately 250 of these flight
schools are active in a large way.
This amendment includes provisions to incentivize retired airline
pilots and retired military pilots to give back, specifically by
directing the Secretary of Transportation to develop methods to
establish an expedited path that will allow retired pilots to become
certified flight instructors. After all, the value of their decades'
worth of experience speaks for itself.
Mr. Chair, I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I rise in opposition to the
amendment.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. LARSEN of Washington. Mr. Chair, this amendment would create an
apprenticeship program for individuals seeking to become commercial
pilots.
I do want to say I am very pleased to be able to support many of
Representative Donalds' amendments to the bill, working in a bipartisan
manner.
This one I just couldn't come to a place where I am comfortable, but
certainly as a long-time supporter of aviation and STEM-related
apprenticeships, I do appreciate the intent of Representative Donalds'
amendment. However, it is duplicative of several provisions in the
underlying bill that already bolster the pilot pipeline.
This authorization already triples the funding for FAA's Aviation
Workforce Development Grant programs, which funds aviation
apprenticeship programs. It creates the Willa Brown Aviation Education
Program, which could fund apprenticeship programs focused on
underrepresented communities and creates a National Center for the
Advancement of Aerospace, an independently, federally chartered
nonprofit entity to administer grants to establish apprenticeships for
aviation careers and serve as a centralized resource to provide
comprehensive information on aviation apprenticeship opportunities.
I earlier adopted an amendment in the en bloc amendment that was
sponsored by Representatives Schrier and Gooden to help veterans
transition into the commercial pilot world. Apprenticeships are already
well covered in this underlying bill.
Mr. Chair, I oppose the gentleman's amendment, and I reserve the
balance of my time.
Mr. DONALDS. Mr. Chair, I yield 2 minutes to the gentleman from Texas
(Mr. Nehls).
Mr. NEHLS. Mr. Chair, let me start by saying, I commend Chairman
Graves, Ranking Member Larsen, and Ranking Member Cohen on a very
successful bipartisan FAA reauthorization bill.
One of the issues that I feel very adamant about is addressing the
pilot shortage, which is crippling the air industry. According to the
Bureau of
[[Page H3817]]
Labor Statistics, it is projected that 14,500 pilots will be needed
every year through the year 2030. Some other outlets have estimated the
number to be even higher.
For this reason, I am proud to cosponsor the Pre-Pilot Pathway Act by
my friend Byron Donalds. This commonsense amendment requires the
Secretary of Transportation to establish a voluntary apprenticeship
program at Part 141 flight schools around the country.
More importantly, this program incentivizes retired pilots, those who
are often the most experienced--the guys with the gray hair around the
temple--to remain involved in the industry and train the next
generation of pilots.
Mr. Chair, I support the amendment, and I urge adoption as one of the
critical ways to support our pilots and alleviate the pilot shortage.
Mr. LARSEN of Washington. Mr. Chair, I am prepared to close, and I
reserve the balance of my time.
Mr. DONALDS. Mr. Chair, I am prepared to close.
Mr. Chair, this is a great amendment with strong bipartisan support.
I ask Members to support this amendment, and I yield back the balance
of my time.
Mr. LARSEN of Washington. Mr. Chair, I ask my colleagues to oppose
this amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Donalds).
The amendment was agreed to.
Amendment No. 27 Offered by Mr. Feenstra
The Acting CHAIR. It is now in order to consider amendment No. 27
printed in part A of House Report 118-147.
Mr. FEENSTRA. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 316, after line 3, insert the following:
(d) Exceptions.--The Administrator shall ensure that the
requirements described in subsection (a) do not apply to
nonhub airports, as such term is defined in section 40102 of
title 49, United States Code.
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Iowa (Mr. Feenstra) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Iowa.
Mr. FEENSTRA. Mr. Chair, I rise today in strong support of my
amendment No. 27, which gives rural airports in my district the
flexibility they need to serve their passengers, maintain their
workforce, and remain solvent.
Our local airports in Sioux City, Iowa, Fort Dodge, Iowa, and many
other locations connect Iowans to the rest of the country and to the
world. We cannot allow government mandates to suffocate our rural
communities and threaten the existence of our small airports.
Under current law, rural airports provide the staff they need to keep
our passengers safe. Injecting the Federal Government into hiring
decisions would only make rural communities harder to reach.
By giving our local airports breathing room to manage their budgets
and their operations, they can better hire new employees and keep costs
low for passengers.
Born and raised in rural Iowa, I know that our rural airports are
important to our economic development across the Midwest.
Mr. Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I rise in opposition to this
amendment.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. LARSEN of Washington. Mr. Chair, I oppose this amendment because
it would create an exemption for nonhub airports from the requirement
to have at least one individual who maintains certification as an
emergency medical technician, or EMT, during carrier operations.
This amendment poses a safety risk that would be detrimental to
passengers. Unlike what the proponent said about the Federal Government
imposing an employment requirement on an airport, this is actually a
single safety standard that applies to all airports, that there be a
certified emergency technician to respond to emergencies at all
airports.
It is, indeed, a national standard, but one done for safety,
especially in support of passenger carrying air carrier operations.
In the event of a medical emergency that occurs at the airport or on
a flight, passengers and airport workers should receive care as quickly
as possible regardless of where they are flying to. Having an EMT
available at the airport could mean the difference between life and
death in the event of an emergency.
All passengers should be reassured that even if they are traveling
out of or through a nonhub airport, they have the same safety
precautions at that airport as they do at all airports in the United
States.
Mr. Chair, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mr. FEENSTRA. Mr. Chair, I am prepared to close. I urge my colleagues
to think through this great amendment. Think about these small airports
and the burden that this would project on each of these airports to
have a special person that handles just the concerns of things that
might happen once every 10 years or whatever it might be.
There are people that are already hired that can handle these
situations. Again, these small rural airports cannot be like the large
urban airports. It just doesn't work that way.
Mr. Chair, I yield back the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, as a Member of Congress who
represents several small rural airports, including ones that are
isolated on islands, I appreciate the argument that the gentleman from
Iowa has been making. Yet, given the fact that I have a district with
some of the same circumstances, even airports that are isolated on
islands, I still believe that there needs to be EMTs available in the
event of emergencies at these nonhub airports. I want one safety
standard for the country, and I urge my colleagues to oppose this
amendment.
Mr. Chair, I yield back the balance of my time.
{time} 1430
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Iowa (Mr. Feenstra).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LARSEN of Washington. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Iowa will be
postponed.
Amendment No. 29 Offered by Mr. Fitzpatrick
The Acting CHAIR. It is now in order to consider amendment No. 29
printed in part A of House Report 118-147.
Mr. FITZPATRICK. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 464, after line 5, insert the following:
(e) Installation of Secondary Cockpit Barriers of Existing
Aircraft.--Not later than 36 months after the date of the
submission of the report of subsection (d), the Administrator
of the Federal Aviation Administration shall, taking into
consideration the final reported findings and recommendations
of the aviation rulemaking committee, issue a final rule
requiring installation of a secondary cockpit barrier on each
commercial passenger aircraft operated under the provisions
of part 121 of title 14, Code of Federal Regulations.
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Pennsylvania (Mr. Fitzpatrick) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. FITZPATRICK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Chair, I rise today in favor of my amendment to H.R. 3935, the
Securing Growth and Robust Leadership in American Aviation Act.
Mr. Chair, 22 years ago this fall, our Nation watched in horror as
senseless acts of terror were committed on American soil. That tragic
day, our vulnerabilities were exposed when terrorists forcefully took
control of passenger airplanes and fatally turned them into guided
missiles.
[[Page H3818]]
We lost 2,977 mothers and fathers, brothers and sisters, husbands and
wives, on that day. Mr. Chair, we also lost one of my constituents,
Captain Victor J. Saracini, who was the pilot of United Flight 175,
which was hijacked. The entire world watched in horror as that plane
flew into the South Tower.
We also lost our misguided sense of protection in an increasingly
dangerous world, as well.
Our Nation and this Congress resolved that after September 11 that we
would take every action necessary to remember those we lost and to
fulfill our promise and our solemn pledge of ``never again.''
Since coming to Congress, I have fought nonstop for the installation
of secondary cockpit barriers on all commercial passenger aircraft.
Alongside my constituent and friend, Ellen Saracini, and countless
Members of Congress from both Chambers and both sides of the aisle, we
have raised awareness and advocated for this measure to make our skies
and our passengers and flight crews much more safe.
In 2018, Congress took one step in the right direction and included a
rulemaking requirement for secondary barriers on newly manufactured
aircraft.
Mr. Chair, my amendment today builds on that effort by directing the
FAA to issue a final rule extending the requirement for secondary
cockpit barriers to all commercial passenger aircraft. This
commonsense, low-cost safety measure will protect the integrity of the
flight deck and prevent dangerous and hostile individuals from
accessing the cockpit.
Mr. Chair, Congress has a solemn obligation not just to the victims
and survivors of 9/11 but to our pilots, to our flight crews, and to
our passengers and their families to implement this safety measure on
all commercial passenger aircraft as soon as possible.
I am grateful to my bipartisan colleagues, as well as Chairman
Graves, the committee, and the amazing staff that serve on it for their
support of this critical national security issue.
Mr. Chair, I urge all my House colleagues to adopt my amendment, and
I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I claim the time in opposition
to the amendment, though I am not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. LARSEN of Washington. Mr. Chair, the FAA recently issued a final
rule on requiring secondary barriers to protect the flight deck in
newly manufactured aircraft. The underlying text of this bill creates a
rulemaking committee to consider how to apply this requirement to
existing aircraft, and this amendment adds a rulemaking requirement to
that text.
Secondary barriers are a critical tool to keeping our pilots and
flight decks safe and secure in the event of a horrible, horrible
intrusion.
Mr. Chair, therefore, I rise to support this amendment, and I reserve
the balance of my time.
Mr. FITZPATRICK. Mr. Chair, I yield back the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Fitzpatrick).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. FITZPATRICK. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 33 Offered by Mr. Gosar
The Acting CHAIR. It is now in order to consider amendment No. 33
printed in part A of House Report 118-147.
Mr. GOSAR. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 261 and insert the following:
SEC. 261. AIR TOUR MANAGEMENT PLANS.
Section 40128(b) of title 49, United States Code, is
amended--
(1) in paragraph (3)--
(A) in subparagraph (A) by striking ``in whole or'';
(B) in subparagraph (E) by striking ``and'' at the end;
(C) in subparagraph (F) by striking ``through (E)'' and
inserting ``through (F)'';
(D) by redesignating subparagraph (F) as subparagraph (G);
(E) by inserting after subparagraph (E) the following:
``(F) shall consider the economic viability of commercial
air tour operations that would result from an air tour
management plan; and'';
(2) in paragraph (4)--
(A) in subparagraph (C) by striking ``and'' at the end;
(B) in subparagraph (D) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) consult with the National Parks Overflights Advisory
Group established pursuant to section 805 of the National
Parks Air Tour Management Act of 2000 (49 U.S.C. 40128
note).''; and
(3) by adding at the end the following:
``(8) Existing air tour operators.--Beginning on the
effective date of a new air tour management plan, a
commercial tour operator carrying out operations within the
boundaries of a national park or tribal area as of such date
may not be prohibited from operating pursuant to such
plan.''.
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Arizona (Mr. Gosar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. GOSAR. Mr. Chair, I rise in support of my amendment No. 33,
prohibiting changes to existing air tour management plans, or ATMPs.
This amendment would prohibit air tour management plans for national
parks from completely banning air tour operations over the parks.
Additionally, this amendment requires an air tour management plan to
take into consideration the economic viability of commercial air tour
operators.
While the ATMPs do real economic harm to the operators, it is also
discriminatory against visitors who choose to experience the national
parks by aerial sightseeing.
As we move past the pandemic years, many national parks saw their
resources strained by the large number of visitors as the public began
to travel again. Air tours are an important option for many visitors
conducting a once-in-a-lifetime trip to see such famous landmarks.
Visitors taking advantage of air tours benefit by avoiding traffic,
wait times, and walking trails that are inaccessible for the disabled
or elderly, while reducing congestion and demand on park
infrastructure.
The national parks should be available for all visitors to see.
Limiting flights over the park unfairly limits the elderly, very young,
disabled, and others to experience the park. Limiting flights over the
parks is discriminating to those who might not have the resources,
time, and physical ability to see them any other way.
Like ground-based tours, air tours are a valid part of our visitor
experience, providing a unique window from which we can share our
cultural, historical, and environmental sites with the world.
Air tours require no ground-based infrastructure at the park, which
allows visitors accessibility without the need for roads, trails,
signs, bathrooms, garbage cans, or other services.
By further restricting an already limited number of allowable air
tours, we are reducing opportunities to access our parks in a way that
leaves little to no environmental footprint or disturbance. Through
carbon offset efforts and strict altitude requirements to control
noise, just to name a few, air tour operators are working to ensure
they have responsible stewardship of the Nation's parks.
Typically, operators pay a fee each time an air tour flies within the
park boundary. The National Park Service collects hundreds of thousands
of dollars in revenue each year from these air tour flights. Air tours
require no infrastructure, leaving the bulk of overflight fees to go
toward those supporting services that benefit the public.
If overflight access is removed completely, it removes the ability to
use new technologies like electric aircraft.
Mr. Chair, I urge my colleagues to support amendment No. 33, and I
reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I claim the time in opposition
to this amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
[[Page H3819]]
Mr. LARSEN of Washington. Mr. Chair, this amendment requires the FAA
to consider the economic viability of commercial air tours over
national parks.
In 2022, the National Park Service recorded 312 million recreational
visits to our national parks. This number reflects the overwhelming
significance our parks have to the American public. They serve as a
place of recreation, a place used to teach new generations about
conservation and wildlife, and a place to admire the beauty of our
great outdoors in the U.S.
National park air tour management plans are in place to help protect
the sanctity of our parks from incessant helicopter overflights, which
can disrupt both the wildlife and the natural beauty of the parks
visitors enjoy.
Mr. Chair, I urge everyone to protect our parks from the noise and
disturbance of increased helicopter tours by voting ``no'' on this
amendment.
This amendment would require air tour management plans to consider
profits in the development of those plans, which would undoubtedly
increase the number of helicopters flying above our parks. This runs
contrary to the original purpose of these management plans, which is to
protect the integrity of the parks.
Helicopter tours are an incredible way to see national parks for the
privileged few, but they simultaneously degrade the park experience for
the vast majority of other park visitors.
Our national parks were created as a public good, to preserve our
natural wonders for all Americans to enjoy. We must not erode that in
favor of tour profits and those who can afford to pay.
Mr. Chair, I reserve the balance of my time.
Mr. GOSAR. Mr. Chair, I yield such time as he may consume to the
gentleman from Texas (Mr. Nehls).
Mr. NEHLS. Mr. Chair, every person should have an opportunity to view
and experience our amazing national parks, whether it is Mount
Rushmore, whether it is select areas in Hawaii, or whether it is the
Grand Canyon.
I can't remember the last time somebody in this room or anybody has
ever tried to walk it, if you have ever tried to walk it. I bet you
there are people up in this gallery who have been to Las Vegas before,
and they see these beautiful helicopters that give you an opportunity
to view the beautiful Grand Canyon, that big hole in the ground. You
can do it, and you can do it safely and effectively through a
helicopter.
The ranking member just mentioned that it supports the privileged
few. I would argue that for the disabled and elderly, how else are they
going to get there? That is not the privileged few. It is right for
grandma and grandpa that may want to go and view the Grand Canyon or
Mount Rushmore. It makes no sense what we are trying to do here.
Air tours are often the only way that disabled and elderly are
allowed to see our national parks. It is regulated by the FAA, and
these operators have a great safety record.
Unfortunately, the Biden administration is attempting to limit the
number of air tours at a number of our national parks, all at the
request--go figure, no surprise--all at the request of certain
environmental stakeholders. This is irresponsible. It is un-American.
Also, air tour operators oftentimes, in the off-season--don't forget
what they do in the off-season--partner with Federal, State, and local
governments to help fight wildfires.
They are great Americans. We need to continue to support them. I ask
my colleagues to support Representative Gosar's amendment.
Mr. LARSEN of Washington. Mr. Chair, before I yield to my good
friend, Representative Case from Hawaii, I would note that he is a
great American, and I do think that the debates here on the floor of
the House are a reflection of being great Americans as opposed to being
un-American.
Mr. Chair, I yield 3 minutes to the gentleman from Hawaii (Mr. Case).
Mr. CASE. Mr. Chair, our national parks are among our most
universally supported and treasured institutions, and they cannot
survive in an atmosphere of incredible popularity. We simply must find
accommodations to protect the basic principles and qualities of those
parks for which we treasure them so much.
One of the areas where we have significant problems is in overuse of
our parks by commercial air tour operations, which severely degrade
some of our parks and have the risk of degrading all of our parks for a
number of different reasons, whether they be environmental, whether
they be protection of our natural resources, or whether they be visitor
enjoyment. Fundamentally, commercial air tours overflying a national
park with noise and other disruption on the ground does degrade the
park experience for the many who enjoy them in that way.
There is no right to overfly our parks. Now, I concede and agree that
there is some reasonable area and use for commercial air tours. I
certainly want those that cannot experience our parks to experience
them in this way, and I certainly believe that they have a place in our
parks, but not where they are today and not where they are going.
We recognized this challenge 23 years ago in this Congress by passing
a law which essentially required air tour management plans, which
accommodated all interests, and those plans are now coming to fruition.
This amendment is on the floor because the sponsor and others do not
like the results, which accommodate air tour operations in the vast
majority of our parks.
{time} 1445
This process has been a good one, a difficult one, one in which the
operators have participated. They will continue to have a place under
these plans, a reasoned place. The fact that some of them don't like
the outcome does not mean that the process is not a valid process.
This process should be continued to its conclusion. It should be
accommodated. It should be implemented in a way that is reasonable to
all.
This amendment destroys that process and would degrade our parks to
the detriment of the vast majority of the people who enjoy our parks.
Mr. Chair, I urge opposition to the amendment, and I yield back the
balance of my time.
Mr. GOSAR. Mr. Chair, having had these tour operators in Arizona,
they have moved technology to quiet air, and you can barely hear these
planes. You can be right next to them, these quiet air turbines, and
you don't even hear them.
To say that they are disrupting to the environment, that just does
not happen. From that standpoint, I urge everybody to vote for this
amendment. It is a smart idea, and this is the way to go.
Mr. Chair, I urge everybody to vote for my amendment, and I yield
back the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, there has been a good debate on
this bill. Clearly, there is a difference of opinion, and clearly,
there are experiences where helicopters and helicopter tours do disrupt
the wildlife, other visitors, and the people around national parks.
Mr. Chair, I ask all the Americans in this body to vote ``no'' on
this amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Gosar).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. CASE. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Arizona will
be postponed.
Amendment No. 35 Offered by Mrs. Miller of Illinois
The Acting CHAIR. It is now in order to consider amendment No. 35
printed in part A of House Report 118-147.
Mrs. MILLER of Illinois. Mr. Chair, I rise as the designee for
amendment No. 35.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title VIII, insert the following:
SEC. 8__. INSPECTOR GENERAL INVESTIGATION OF DECISION TO
INCREASE THE PERMISSIBLE ELECTROCARDIOGRAM
RANGE FOR AIRMEN TO FLY.
Not later than 90 days after the date of the enactment of
this Act, the Inspector General of the Department of
Transportation shall
[[Page H3820]]
conduct an investigation into the decision of the Federal
Aviation Administration to increase the permissible
electrocardiogram (ECG/EKG) range for airmen to fly.
The Acting CHAIR. Pursuant to House Resolution 597, the gentlewoman
from Illinois (Mrs. Miller) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Illinois.
Mrs. MILLER of Illinois. Mr. Chair, this amendment requires the
inspector general to investigate the FAA's decision to broaden the
acceptable EKG range for pilots to fly.
Mr. Chair, I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I claim time in opposition to
the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. LARSEN of Washington. Mr. Chair, this amendment would require the
DOT inspector general to investigate the FAA's decision to increase the
electrocardiogram, or EKG, range that is permissible for pilots.
This amendment follows a change made by the agency last October to
increase the allowable range of an EKG result from 200 to 300
milliseconds without requiring further documentation from the pilot.
The FAA's change in the allowable EKG result range was based on
scientific data from cardiovascular experts documented in the public
domain. Such data shows that an EKG result under 300 milliseconds
indicates that the pilot has no real risk of sudden heart failure if
there are no other medical issues.
Medical standards and recommendations have always evolved over time
as medicine becomes more advanced and health professionals learn new
information. The FAA should take advantage of the latest guidance from
medical experts to ensure these guidelines for pilots are as safe as
possible.
Mr. Chair, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mrs. MILLER of Illinois. Mr. Chair, I urge support of amendment No.
35, and I yield back the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, in closing, I will say that the
FAA's action, despite some claims, was not taken in response to any
change in pilot medical conditions or heart health due to having
received the COVID vaccine. That has been a claim in less scientific
circles. This decision was made based on science, using the experts,
using science, and using data.
Mr. Chair, I ask my colleagues to oppose this amendment, and I yield
back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Illinois (Mrs. Miller).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LARSEN of Washington. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Illinois
will be postponed.
Amendment No. 36 Offered by Mrs. Miller of Illinois
The Acting CHAIR. It is now in order to consider amendment No. 36
printed in part A of House Report 118-147.
Mrs. MILLER of Illinois. Mr. Chair, I rise as the designee for
amendment No. 36.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title X, add at the end:
SEC. ___. REINSTATING PILOTS.
The Administrator of the Federal Aviation Administration
shall take such actions as are necessary to require air
carriers to reinstate any pilot who was fired or forced to
resign because of a COVID-19 vaccine mandate.
The Acting CHAIR. Pursuant to House Resolution 597, the gentlewoman
from Illinois (Mrs. Miller) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Illinois.
Mrs. MILLER of Illinois. Mr. Chair, this amendment requires airlines
to reinstate pilots who were fired or forced to resign because of
vaccine mandates.
Mr. Chair, I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, I claim time in opposition to
the amendment.
The Acting Chair. The gentleman is recognized for 5 minutes.
Mr. LARSEN of Washington. Mr. Chair, this amendment would direct the
FAA Administrator to require air carriers, airlines and others, to
reinstate pilots that may have lost their jobs because of noncompliance
with a COVID-19 vaccine mandate.
The FAA cannot direct air carriers on hiring decisions like this. It
cannot require air carriers to hire specific individuals. This
amendment simply is not implementable.
Is that where we are going with this bill, to let the FAA make hiring
and firing decisions for these private aviation companies?
Furthermore, this amendment revives an unnecessary debate on COVID-19
vaccine mandates, one that we had 3 years ago. This is an unwelcome
distraction from this very substantive reauthorization discussion on
this bill that will enhance safety and the aviation workforce.
Mr. Chair, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mrs. MILLER of Illinois. Mr. Chair, I urge the adoption of this
amendment, and I yield back the balance of my time.
Mr. LARSEN of Washington. Mr. Chair, the FAA does not really have a
role to play in telling air carriers to hire the folks back. It is not
an amendment that is implementable. I am a little flummoxed by it
myself. However, I encourage my colleagues to vote against this
amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Illinois (Mrs. Miller).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LARSEN of Washington. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Illinois
will be postponed.
Amendment No. 44 Offered by Mr. Huizenga
The Acting CHAIR. It is now in order to consider amendment No. 44
printed in part A of House Report 118-147.
Mr. HUIZENGA. Mr. Chairman, I have an amendment made in order by the
rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 626, line 2, strike ``and''.
Page 626, after line 2, insert the following (and
redesignate accordingly):
(B) in paragraph (4)(B) by inserting ``the Department of
Defense, the National Guard,'' before ``or''; and
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from Michigan (Mr. Huizenga) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. HUIZENGA. Mr. Chairman, I rise in support of my amendment to
better secure our advanced air mobility future.
The Advanced Air Mobility Infrastructure Pilot Program that is
currently in law provides grants to airport sponsors, transit agencies,
or other government subdivisions to develop comprehensive plans to
advanced air mobility infrastructure.
Under current law, the Secretary of Transportation is required to
prioritize awarding grants to eligible recipients that collaborate,
with a few criteria. Here are those criteria: that they are a
commercial advanced air mobility entity, that they are an institution
of higher education, that they are a research institute, or that they
are some other relevant stakeholder in this process.
Mr. Chair, my amendment is very simple. It adds the Department of
Defense and the National Guard to this list of eligible recipients.
There are many qualified airports throughout the Nation that already
have a DOD or National Guard presence that are ready to innovate and
help develop drone and related infrastructure.
This amendment is a small way to help ensure DOD and the National
Guard have a voice in this important future-looking endeavor,
especially given that our men and women in uniform likely have
expertise in this area.
[[Page H3821]]
Not only will they help develop this technology with their expertise,
but they will literally be on the front lines of utilizing this
technology.
Mr. Chair, I am glad that the underlying legislation takes steps to
extend this pilot program, and I urge my colleagues to support my
amendment to add the Department of Defense and the National Guard to
those lists of entities that are eligible.
Mr. Chair, I reserve the balance of my time.
Mr. LARSEN of Washington. Mr. Chairman, I rise to claim time in
opposition to the amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. LARSEN of Washington. Mr. Chair, I am happy this amendment is
coming up because I hope the gentleman from Michigan will vote against
a further amendment that may come up later tonight that will get rid of
this program altogether, this vertiport infrastructure grant program.
Mr. Chair, I am glad he likes it enough to add to it, and I hope
others feel that way, too, so we can protect the basis of this program.
I know all about it because I wrote the bill to actually create this
program in the first place. It was done with a very specific purpose in
mind, and the gentleman noted the criteria involved--to help State,
local, and Tribal governments be part of the advanced air mobility
future. We were very clear about that.
Another thing we were very clear about when we wrote that bill and
got it into law was to ensure that it was as neutral as possible when
it came to any number of the advanced air mobility companies that were
seeking to develop and get certified by the FAA and operate within the
United States.
Prioritizing the grants awarded under the AAM infrastructure program
to entities that collaborate with the Department of Defense or the
National Guard would actually put a thumb on the scale for the three
companies that are actually involved with this effort with the DOD.
There are many other AAM companies that are not involved with the
DOD, and this would put these companies sort of at a head start over
these others.
Since its inception in 2019, as a for instance, the U.S. Air Force's
Agility Prime program has focused on the potential defense applications
of eVTOL aircraft, or electric vertical takeoff and landing aircraft,
and what we call on the commercial side of things, AAM.
Through Agility Prime, the DOD partners with these industry leaders
and key stakeholders to examine the airworthiness and military uses for
AAM aircraft and necessary infrastructure to support strategic cargo
and personnel transport. In fact, that program within the DOD has
awarded over 20 contracts, totaling more than $100 million, to very
innovative aviation companies to further develop their advanced
aircraft as they work toward civil certifications and commercial
operations, but doing that with the help of the Department of Defense.
Mr. Chair, I support fostering this U.S. innovation, but this
amendment would prioritize the funding through the AAM Infrastructure
Pilot program, which funds State and local government planning efforts
for future civil AAM infrastructure and operations, to efforts that are
being addressed under Agility Prime.
There is a place to do this. It is called DOD's military construction
budget. We just passed an authorization of nearly $886 billion last
week out of the House of Representatives. Surely, there are a few
dollars in that budget for the DOD to use to improve the taxiways and
the aprons at these joint sites that the National Guard and the Air
Force use with civilian airports rather than go after the really fairly
small amounts that are available in these transportation planning
grants that we were able to get through the AAM infrastructure planning
grant.
{time} 1500
I would just tell folks there is a place for these companies to go.
It should not be these planning grants. It should be the DOD
construction budget.
Besides, if we do that, it will give these particular companies a
head start over many other companies, and, frankly, in fact, the cities
and counties [that are trying to access these grants already.
Mr. Chair, I reserve the balance of my time.
Mr. HUIZENGA. Will the gentleman yield for a question?
Mr. Chairman, I was trying to get the gentleman's attention to see if
he would yield for a question about his opposition.
So would the gentleman care to answer a question?
Mr. LARSEN of Washington. Mr. Chairman, is it my time or his time he
is going to use?
Mr. HUIZENGA. It is currently my time. I guess my question to the
gentleman is--this is very short--it says--literally it is a sentence--
``in paragraph 4(b) by inserting `the Department of Defense and the
National Guard' before `or'''--I don't see anything in there in my
amendment that will bias the Secretary of Transportation to only
utilize fields that have a DOD or National Guard presence. In fact, the
opposite could be argued, that those fields, because they have a DOD or
a National Guard presence, would somehow be excluded from the
gentleman's pilot program.
So, Mr. Chairman, I am happy to yield to him very briefly if he cares
to answer what his opposition is.
He doesn't care to address that, which indicates to me that he is
either unsure or doesn't know or that I might be right in that.
Anyway, I still do believe that if we are having a pilot program then
it ought to be open to more of our fields and not fewer of those
fields.
Mr. Chair, I am prepared to close, and I reserve the balance of my
time.
Mr. LARSEN of Washington. Mr. Chairman, I understand I have the right
to close on this argument, and I reserve the balance of my time.
Mr. HUIZENGA. Mr. Chairman, may I inquire as to the time remaining.
The Acting CHAIR. The gentleman from Michigan has 2 minutes
remaining.
Mr. HUIZENGA. Mr. Chairman, I yield 1 minute to the gentlewoman from
Puerto Rico (Mrs. Gonzalez-Colon).
Mrs. GONZALEZ-COLON. Mr. Chairman, I rise in support of Mr.
Huizenga's amendment. I think it is logical what he is saying.
I rise, again, in strong support of my amendment to this bill, as
well, No. 31, to seek to identify ways in which Puerto Rico can further
increase air cargo operations in our three international airports, and
thus, better serve domestic and international stakeholders and
consumers.
Specifically, this amendment authorizes a GAO report that will look
at recommendations for security measures that may be necessary to
support increased air cargo operations in Puerto Rico, airport
infrastructure improvements that may be needed, alternatives to
increase private stakeholder engagement, and the potential need for
additional staff.
Airports are drivers of economic activity across our country. My
amendment will support Puerto Rico and the Nation as we continue to
find ways to generate greater opportunities for financial and
infrastructure investments.
This section requires an assessment from the FAA on the resiliency of
coastal airports, including those on our island.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. HUIZENGA. Mr. Chairman, I yield an additional 30 seconds to the
gentlewoman from Puerto Rico.
Mrs. GONZALEZ-COLON. Mr. Chairman, I thank my colleagues for
supporting en bloc No. 2, and I urge support for the underlying bill.
Mr. LARSEN of Washington. Mr. Chairman, I reserve the balance of my
time.
Mr. HUIZENGA. Mr. Chairman, in closing, I, again, appeal to my
colleagues. I believe this is a commonsense amendment to a pilot
program.
I can assure the gentleman that, yes, if my amendment is adopted on
this then I will also be voting against an amendment that would end the
underlying pilot program. I think he will have many others of us doing
the exact same thing. So the gentleman can help himself, Mr. Chair, if
he would be willing to accept my amendment, but that is up to those in
opposition.
Mr. Chair, I appeal for approval of my amendment, and I yield back
the balance of my time.
[[Page H3822]]
Mr. LARSEN of Washington. Mr. Chair, to close, I assure the gentleman
that, first, I am 100 percent sure that his amendment will dilute the
original grant program. I am 100 percent sure there are other ways to
finance this, especially through a very large MilCon budget that passed
as part of the defense bill. And I am 100 percent sure that I am
correct in opposing this amendment having been the author of the
original bill to establish the AAM Infrastructure Act.
Mr. Chair, I ask Members to oppose this amendment, and I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Huizenga).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LARSEN of Washington. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Michigan
will be postponed.
The Acting CHAIR. The Chair understands that amendment No. 46 will
not be offered.
Amendment No. 47 Offered by Mr. Issa
The Acting CHAIR. It is now in order to consider amendment No. 47
printed in part A of House Report 118-147.
Mr. ISSA. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title VIII, add the following:
SEC. ___. INDEPENDENT REVIEW OF NOTAM REQUESTS BY FAA.
The Administrator of the Federal Aviation Administration
shall make an objective, independent assessment for the
necessity of each Notice to Air Missions request from an
agency outside of the Administration.
The Acting CHAIR. Pursuant to House Resolution 597, the gentleman
from California (Mr. Issa) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. ISSA. Mr. Chairman, I yield myself such time as I may consume. I
have but 5 minutes to ensure that this goes by voice, so I will do my
best.
Mr. Chairman, no one here doubts 100 percent of the time the
responsible party from just above the ground to over 60,000 feet
belongs to the FAA. Any decision about whether an aircraft can operate
or cannot operate belongs exclusively to the FAA. For that reason, the
FAA is an independent body that has a responsibility to take seriously
the implementation of NOTAMs. These NOTAMs either caution pilots or
prevent pilots from flying.
Recently, there have been a number of requests where the FAA has
acted not on behalf of its own judgment but on behalf of a request by
another agency. These agencies include CBP, the Department of Justice,
FBI, FTC, and many others.
These come in regularly, and I have no objection. There are plenty of
good reasons that an entity--we were just talking about a little while
ago the Park Service might even have a request. Because the FAA has an
obligation to make airspace available wherever possible and at the
lowest level of regulation and the greatest freedom and safety for the
pilots, and it does have the obligation--when, for safety and other
reasons, there needs to be temporary or permanent prohibitions on
flying--to implement them.
My amendment simply puts a requirement that when the FAA does so that
they do so based on the FAA making an independent and objective
judgment when it receives NOTAM requests from other agencies.
Mr. Chairman, I hope my 5 minutes has been well spent, and I reserve
the balance of my time.
Mr. COHEN. Mr. Chair, I rise in opposition to the amendment filed by
Mr. Issa.
The Acting CHAIR. The gentleman from Tennessee is recognized for 5
minutes.
Mr. COHEN. Mr. Chair, I oppose this amendment which would require the
FAA to make an independent assessment of each notice to air mission, or
NOTAM, request from a non-Federal entity.
Many NOTAMs are simply for general awareness, a temporary crane has
been erected in controlled airspace, or a runway at an airport with no
traffic control tower being repaved.
Some NOTAMs increase airspace awareness for pilots in the area
alerting them about drone operations or balloon flights--some of them
from China.
Some of them result in actual flight restrictions, like over sports
stadiums during NFL and MLB games or when a concert is going on.
Sometimes FAA requires an operator or an airport to file a NOTAM
prior operation in order to provide safety information for other
airspace users. These are submitted through a special controlled access
system.
NOTAMs are issued for all kinds of reasons. As we all know from the
NOTAM system outage earlier this year, there are many of them, which
can be a blessing, and it can be a curse.
For example, French Valley Airport, which is a small county-owned
public use general aviation airport in Riverside County, California,
currently has 80 active NOTAMs within a 10-mile radius. There are tens
of thousands of big, medium, and small airports and heliports all over
the country--consider the magnitude of bureaucracy this amendment
creates.
Requiring the FAA to independently verify every single NOTAM would
bring an already cumbersome system to a complete standstill.
NOTAMs keep pilots safe. This amendment would create an enormously
burdensome process to get NOTAMs issued.
Finally, this amendment will very likely conflict with
recommendations from the NOTAM working group created by the NOTAM
Improvement Act that this Congress passed 2 months ago.
Mr. Chair, I urge all Members to vote ``no,'' and I reserve the
balance of my time.
Mr. ISSA. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I appreciate the gentleman's comments, and he is
absolutely right. There are a great many NOTAMs. I remind everyone that
the requirement in this amendment that it requires the FAA to make an
independent and objective judgment does not mean that it must do
independent research as to the validity of the request as far as
background.
It can, in fact, take the word of an agency's statement of its
reason, but it has to make an independent judgment as to the NOTAM.
Now, I am both a pilot of more than 40 years, and I am also a former
Army officer, and I can tell you, Mr. Chairman, at the company, the
battalion, and the brigade level every unit in the military has a staff
duty officer who for the entire evening until morning and over weekends
makes judgment on behalf of the commanding officer at that level.
Why do they have that?
It is because a level of review should always be available. It
doesn't have to be extensive, but it does have to be sufficient that if
it came through the FAA it would independently be looked at by the duty
officer before it was put up as a NOTAM. The same is asked.
Nowhere in my amendment does it prohibit delegation all the way down
to the lowest level. As a matter of fact, nowhere in this does it
prohibit the use of AI and other tools to help them do it.
So I think this is not burdensome, and it is easily compliable. It
does say that the FAA makes the decision, not an agency that plugs into
a system who may not have the mandate, responsibility, or even the
expertise to do so.
Periodic NOTAMs that have had to be pulled back when they have been
submitted by other agencies are the reason for this amendment. We have
actual examples where the FAA would not have done it had they made an
independent decision.
Mr. Chairman, I reserve the balance of my time.
Mr. COHEN. Mr. Chair, may I inquire as to the time remaining.
The Acting CHAIR. The gentleman from Tennessee has 3\1/2\ minutes
remaining. The gentleman from California has 1 minute remaining.
Mr. COHEN. Mr. Chair, I would just reiterate the fact that this will
add additional burdens to the FAA. They would have to independently
verify every single NOTAM. The FAA is already overburdened with work,
and
[[Page H3823]]
they need more and more folks there to make our civil aeronautics
system work properly.
The amendment would conflict with recommendations just passed a few
months ago by the NOTAM working group for improvement of that act, and
that was passed just 2 months ago. So I have to cite those same reasons
for opposing the amendment.
Mr. Chair, I continue to oppose the amendment, and I reserve the
balance of my time.
Mr. ISSA. Mr. Chair, briefly, in response to my colleague from
Tennessee, the majority of FAA NOTAMs do not originate from outside
agencies. This is a fraction of a fraction of all NOTAMs, and it is
only those that will be affected by this amendment.
In closing, Mr. Chairman, this is not what some who oppose it would
say. This is, in fact, a very minor one, but it comes with specific
requirements that exist for a reason. Agencies have chosen and actually
embarrass the FAA by asking for a closing of airspace only to find out
in the light of day, in a matter of days that, in fact, it was a huge
mistake--sometimes politically driven. It doesn't matter why. The FAA
has the right and the responsibility, and all we ask for is when it
comes from an outside agency that it, in fact, have a once-over before
being codified.
Mr. Chairman, I yield back the balance of my time.
Mr. COHEN. Mr. Chairman, Mr. Issa is a worthy adversary, but it is
still 40-love.
Mr. Chair, I ask everybody to vote ``no,'' and I yield back the
balance of my time.
{time} 1515
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Issa).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. COHEN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
The Acting CHAIR. The Committee will rise informally.
The Speaker pro tempore (Mr. Obernolte) assumed the chair.
____________________