[Congressional Record Volume 170, Number 80 (Wednesday, May 8, 2024)]
[Senate]
[Page S3624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2056. Mr. KELLY submitted an amendment intended to be proposed to 
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SAFETY ENHANCEMENTS FOR CERTIFICATION OF TRANSPORT 
                   CATEGORY PURPOSE BUILT CARGO AIRCRAFT.

       (a) Purposes.--The purposes of this section are the 
     following:
       (1) To evaluate the function and reliability aspects of 
     unique commercial cargo aircraft operations prior to any 
     commercial operation of such aircraft under part 135 or part 
     121 of title 14, Code of Federal Regulations.
       (2) To ensure compliance with the airworthiness 
     requirements for unique commercial cargo aircraft.
       (3) To support of the development of safe, new, and useful 
     air cargo systems such that the highest level of safety 
     mitigation, oversight, and inspections can support the 
     advancement of aviation in the United States.
       (b) Authorization of Flight Operations for Certain 
     Testing.--Notwithstanding section 44711(a) of title 49, 
     United States Code, and any regulation prohibiting such 
     operations, the Secretary shall have the sole discretion to 
     permit, as part of function and reliability flight testing 
     and prior to type design approval, the operation of aircraft 
     carrying unique commercial cargo if such aircraft is--
       (1) a cargo-only aircraft with a maximum take-off weight of 
     not less than 600,000 pounds;
       (2) an aircraft for which testing and evaluation is to be 
     performed with representative or actual cargo in cargo 
     operation; and
       (3) designed to use a novel cargo loading, cargo unloading, 
     or cargo retention method.
       (c) Use of Designated Engineering Representative Flight 
     Test Pilots.--The Secretary may authorize Designated 
     Engineering Representative Flight Test Pilots to perform the 
     function and reliability flight testing described in 
     subsection (b).
       (d) Safety Processes.--The Secretary shall use FAA safety 
     processes and procedures for performing certification flight 
     tests under this section to ensure an adequate level of 
     safety.
       (e) Definition of Unique Commercial Cargo.--For purposes of 
     this section, the term ``unique commercial cargo'' means 
     cargo--
       (1) that cannot be carried or otherwise transported in a 
     certified cargo airplane; and
       (2) for which a person seeking certification under this 
     section may receive financial benefit to carry or otherwise 
     transport.
       (f) Expiration of Authority.--The authority described in 
     section shall expire on October 1, 2033.
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