[House Report 118-138]
[From the U.S. Government Publishing Office]
Union Calendar No. 109
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-138
_______________________________________________________________________
SECURING GROWTH AND ROBUST LEADERSHIP IN AMERICAN AVIATION ACT
----------
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
to accompany
H.R. 3935
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 11, 2023.--Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
Union Calendar No. 109
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-138
_______________________________________________________________________
SECURING GROWTH AND ROBUST LEADERSHIP IN AMERICAN AVIATION ACT
__________
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
to accompany
H.R. 3935
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 11, 2023.--Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
52-807 WASHINGTON : 2023
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-138
======================================================================
SECURING GROWTH AND ROBUST LEADERSHIP IN AMERICAN AVIATION ACT
_______
July 11, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Graves of Missouri, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 3935]
The Committee on Transportation and Infrastructure, to whom
was referred 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, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose of Legislation........................................... 209
Background and Need for Legislation.............................. 209
Hearings......................................................... 214
Legislative History and Consideration............................ 216
Committee Votes.................................................. 274
Committee Oversight Findings and Recommendations................. 278
New Budget Authority and Tax Expenditures........................ 279
Congressional Budget Office Cost Estimate........................ 279
Performance Goals and Objectives................................. 279
Duplication of Federal Programs.................................. 279
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 279
Federal Mandates Statement....................................... 280
Preemption Clarification......................................... 280
Advisory Committee Statement..................................... 280
Applicability to Legislative Branch.............................. 280
Section-By-Section Analysis of The Legislation................... 280
Title I: Authorizations and FAA Organizational Reform........ 280
Title II: General Aviation................................... 286
Title III: Aerospace Workforce............................... 294
Title IV: Airport Infrastructure............................. 299
Title V: Aviation Safety..................................... 308
Title VI: Aerospace Innovation............................... 319
Title VII: Passenger Experience Improvements................. 329
Title VIII: Miscellaneous.................................... 336
Title IX: National Transportation Safety Board Amendments Act
of 2023.................................................... 342
Title X: Freedom to Fly Act of 2023.......................... 345
Changes in Existing Law Made by the Bill, as Reported............ 346
Committee Correspondence......................................... 756
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
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 aerospace 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. Study 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.
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 transportation 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 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 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 Commercial Space Transportation, an
Associate Administrator for Security and Hazardous
Materials Safety, a Chief Operating Officer of the Air
Traffic Control System; and
``(B) appointed by the President, an Associate
Administrator for Airports.
``(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) Repeal.--Section 711 of the FAA Reauthorization Act of 2018 (49
U.S.C. 106 note) and the item relating to such section in the table of
contents in section 1(b) of such Act are repealed.
(c) 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'';
(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 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--
(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) 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 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) a pilot certificate, including
scheduling an associated appointment with
Administration personnel or designees;
``(iii) a medical certificate;
``(iv) an operator certificate;
``(v) a commercial space transportation
license;
``(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.
``(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:
``(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;
``(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
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 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 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--
``(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.
(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;
(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, 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 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.
``(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:
``(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 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.
(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 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;
(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
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;
(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--
(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.--
``(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--
(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.
``(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 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--
(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
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)--
(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
``(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.
``(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--
(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;
(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, 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 aerospace oversight
practices and policies;
``(ii) training staff, to include inspectors
and accident investigators;
``(iii) harmonizing international aerospace
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 aerospace
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 aerospace 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 aerospace sector;
``(H) maintain valuable relationships with entities
with aerospace 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--
``(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 aerospace 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 aerospace safety;
``(ii) increase harmonization of, and reduce
duplicative, requirements, processes, and
approvals to advance the aerospace 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 aerospace 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 aerospace 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, commercial space
transportation, 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
(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 ``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--
``(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.''.
(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.--
(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.
(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 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 AEROSPACE 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 aerospace 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 aerospace 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 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;
(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).
SEC. 532. STUDY 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 Administrator of the Federal Aviation Administration
shall seek to enter into an agreement with the National Academies to
conduct a study on matters related to potential conflicts between uses
of radio spectrum by the aviation ecosystem and wireless
telecommunication networks.
(b) Contents.--The study described in subsection (a) shall address
approaches to mitigating potential safety hazards posed by conflicts
between uses of spectrum by the aviation ecosystem and wireless
telecommunications network, including best practices and policy
recommendations for the Federal Aviation Administration to--
(1) improve the process by which proposed spectrum
reallocations or auctions are thoroughly reviewed in advance to
ensure that any comments, objections, or technical concerns
from stakeholders or Federal agencies in any Federal
Communication Commission proceeding are definitively assessed
and, if necessary, addressed;
(2) assess the effects of proposed spectrum reallocations or
auctions on the aviation ecosystem in a timely manner to better
meet the needs of the aviation system or to establish realistic
timeframes relating to potential aviation equipment
modifications or replacements; and
(3) better communicate to relevant Federal partners and
agencies when a proposed spectrum reallocation or auctions may
pose a potential risk to aviation safety.
(c) Stakeholder Views.--In conducting the study under subsection (a),
the National Academy shall consult with relevant stakeholders,
including--
(1) air carriers operating under part 121 of title 14, Code
of Federal Regulations;
(2) operators holding a certificate under part 135, of title
14, Code of Federal Regulations;
(3) general aviation operators;
(4) manufacturers of aircraft and aircraft components;
(5) wireless telecommunication carriers;
(6) labor unions representing pilots;
(7) air traffic system safety specialists;
(8) other representatives of the telecommunications industry;
(9) aviation safety experts;
(10) radio spectrum experts; and
(11) such other stakeholders as the Administrator determines
appropriate.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the National Academies shall complete and submit
a report on the study described in subsection (a) to--
(1) the Administrator;
(2) the Committee on Transportation and Infrastructure of the
House of Representatives; and
(3) 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.
(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, 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--
(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;
(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 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 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;
(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;
(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 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
(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;
(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 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 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 shall 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 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, including
through the use of--
(A) a vehicle;
(B) a vessel;
(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);
(E) a pipeline facility (as defined in section 60101
of title 49, United States Code); or
(F) a launch vehicle or reentry vehicle.
(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 TRANSPORTATION 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
transportation 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 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;
(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 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;
(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;
(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 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 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
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) of title 49, United States Code, is amended--
(1) in paragraph (2)(A) by striking ``8 years'' and inserting
``14 years''; and
(2) in paragraph (3)(A) by adding at the end the following:
``(xvi) Operators of commercial space
transportation launch and reentry vehicles.''.
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
(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 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.
(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 aerospace-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 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
(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 of the House 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 transportation 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, 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 ``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
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;
``(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:
``(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.''.
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.
Purpose of Legislation
The purpose of H.R. 3935 is to amend title 49, United
States Code, to reauthorize and improve the Federal Aviation
Administration and other civil aviation programs, and for other
purposes.
Background and Need for Legislation
Aviation is a significant driver of economic growth and a
major component of the national transportation system in the
United States. Since the invention of aviation by the Wright
Brothers in 1903, the United States has led the world in
aviation safety and innovation. However, the United States'
leadership status is being threatened by increasing global
competition, rapid developments in technology, aviation
workforce challenges, and outdated processes and systems within
the Federal Aviation Administration (FAA). The aviation
industry is still working to fully recover from the detrimental
effects of the COVID-19 pandemic, while striving to meet
surging consumer demand. It is critical to the long-term
success of American aviation that the FAA has the necessary
tools and resources to keep pace with the rapidly advancing
aviation sector, and serve all regulated entities in a safe,
timely and efficient manner.
SECURING GROWTH AND ROBUST LEADERSHIP IN
AMERICAN AVIATION ACT
H.R. 3935, the Securing Growth and Robust Leadership in
American Aviation (SGRLAA) Act, is a comprehensive, bipartisan
FAA reauthorization bill that will provide long-term stability
across the Nation's aviation system; restructure the FAA to
improve efficiency; strengthen the United States' general
aviation community; encourage growth in the aviation workforce;
make targeted investment in airport infrastructure across the
country; ensure America continues to set the world's ``Gold
Standard'' in aviation safety; foster the development and safe
integration of aviation innovations into the airspace; and
improve the aviation experience for the travelling public.
i. FAA Organizational Reform
The FAA's growing responsibilities and activities are
managed by a group of executives, most of whom manage offices
of staff to perform such work. The effective cooperation and
organization of this executive team ultimately determine the
success of the agency. It is important that each executive has
clear authority and responsibility over certain aspects of the
FAA's mission, the work of each executive office is unique, and
work products and decision-making flow throughout the
organization without unnecessary delays. It is also important
that in the absence of confirmed leadership, the agency retains
the ability to meet its mission workload, minimizes
consequential impacts to its employees, and retains critical
institutional knowledge.
The SGRLAA Act addresses these concerns by making targeted
organizational reforms to provide additional leadership in core
areas, while removing positions and requirements within the
agency that are no longer necessary or are a poor use of FAA
resources. The Act increases the scrutiny and support provided
to important tasks such as rulemaking, innovation, and
providing support for regulated entities, while increasing the
overall focus on aerospace safety.
ii. General Aviation
General aviation is a critical component of the aviation
system and is an important part of our National economy.
General aviation activities include training of new pilots and
pilots interested in additional ratings or certifications,
aerial firefighting, air tourism, crop dusting and surveying,
movement of heavy loads by helicopter, experimental and sport
flying, flying for personal or business reasons, and emergency
medical services. This bill includes the first standalone title
of any FAA reauthorization bill dedicated to addressing long-
standing general aviation issues, as well as makes targeted
changes in the general aviation ecosystem to improve the
efficiency and outlook for the American aviation industry's
long-term success.
iii. Aviation Workforce
Aviation contributes significantly to domestic and
international economies. A recent FAA report notes that in
2019, civil aviation contributed 4.9 percent of the United
States gross domestic product, generated $1.9 trillion in total
economic activity, and supported nearly 10.4 million American
jobs.\1\ Domestic air carrier passenger growth is forecasted to
average 4.7 percent per year over the next 20 years.\2\ This
average projected growth includes double digit growth in 2022
and 2023, prompting some aviation stakeholders to raise
concerns about whether there will be sufficient workers to meet
both present-day and future demand. Although the air
transportation sector faced an unparalleled need for talent,
especially for pilots, before the COVID-19 pandemic, the
workforce challenges facing the industry today remain acute
across the board. This bill addresses challenges facing the
aerospace workforce by growing the talent pipeline and making
key investments in workforce training and retention to ensure
the aerospace workforce is capable of meeting demand for
decades to come.
---------------------------------------------------------------------------
\1\FAA, The Economic Impact of U.S. Civil Aviation: 2020 (Aug.
2022), available at https://www.faa.gov/sites/faa.gov/files/2022-08/
2022-APL-038%202022_economic%20impact_report.pdf.
\2\FAA, FAA Aerospace Forecast Fiscal Years 2022-2042 at 2 (June
28, 2022), available at https://www.faa.gov/sites/faa.gov/files/2022-
06/FY2022_42_FAA_Aerospace_Forecast.pdf.
---------------------------------------------------------------------------
iv. Airport Infrastructure
Federal investment in our Nation's commercial service and
general aviation airport infrastructure is vital to ensuring
the safety and economic success of the aviation industry. For
too long, funding for the primary Federal airport capital
program, the Airport Improvement Program (AIP), has remained
stagnant while increasing program administrative burdens and
growing airport infrastructure needs reduced the program's
effectiveness. The SGRLAA Act will revitalize AIP by increasing
its funding to $4 billion annually and removing many outdated
and unnecessary restrictions that have made it difficult for
some airports to plan and build the facilities they need. The
bill also contains the first comprehensive aviation
environmental streamlining provisions in the last two decades,
ensuring that necessary airport projects are completed in an
efficient manner, while ensuring that all Federal environmental
requirements are adhered to. Furthermore, the bill
significantly bolsters an airports' ability to invest in
critical environmental projects by creating AIP eligibility for
environmental resiliency projects, expanding the Voluntary
Airport Low Emission (VALE) program to all commercial airports,
and increasing other environmental project funding under AIP.
v. Safety
The primary mission of the FAA is ensuring civil aviation
safety. Through this mission, the United States has set the
``Gold Standard'' for aviation safety around the world. The FAA
has the responsibility to certify, monitor and regulate the
safety of the civil aviation sector, including airlines,
general aviation, unmanned aircraft systems (UAS), airports,
commercial space transportation, repair stations, and aircraft
manufacturers, as well as to establish licensing and training
requirements for pilots and other aviation related
professionals.
Aviation safety in the United States has greatly improved
over the last decade. Since 2012, there have been three
passenger fatalities on scheduled domestic passenger air
carriers, compared to the decade prior, which saw 140 passenger
fatalities.\3\ General aviation has also become safer, with the
number of fatal and nonfatal accidents trending downward since
2000, though improvements can still be made.\4\ Despite these
marked advancements, recent runway safety events demonstrate
that consistent attention and improvements are needed to
maintain the Nation's consistent safety standards. The SGRLAA
Act accomplishes this by requiring a proactive management
strategy to mitigate surface safety risks, improving the FAA's
certification processes, enhancing aviation safety data
sharing, and addressing operational and cybersecurity risks.
---------------------------------------------------------------------------
\3\NTSB, U.S. Civil Aviation Statistics (2021), available at
https://www.ntsb.gov/safety/Pages/research.aspx, (last visited Jan. 31,
2023).
\4\Bureau of Transp. Statistics, U.S. General Aviation Safety Data,
available at https://www.bts.gov/content/us-general-aviationa-safety-
data (last visited Jan. 31, 2023).
---------------------------------------------------------------------------
vi. Unmanned Aircraft Systems
Aviation innovation has played a vital role in the
aerospace sector and has contributed to the improvement of
aviation safety as a whole. Significant advancements in
emerging technologies, like unmanned aircraft systems (UAS),
have the potential to benefit the general public and continue
improving aviation safety. The advanced operations of unmanned
aircraft systems, particularly beyond visual line of sight
operations, are poised to revolutionize people's daily lives,
whether it's through expanding healthcare services, bolstering
public safety efforts, or expediting emergency response.
Moreover, UAS operations hold promise by offering safer and
more cost-effective methods for inspecting infrastructure and
delivering consumer goods.
Ultimately, fostering the development of advanced UAS
operations aims to assist a wide range of individuals, and this
bill seeks to achieve that objective. Among its provisions, the
SGRLAA Act requires the appropriate regulatory framework to
allow UAS to safely operate in our airspace--providing
regulatory certainty to this growing sector. This bill also
ensures that the important voices of local communities and
current airspace users are heard as new entrants emerge in
United States airspace.
vii. Advanced Air Mobility
American innovation in aviation is not limited to the
introduction of unmanned aircraft. The aviation industry is
beginning to leverage alternative fuel types, improvements in
battery density and chemistry, advanced materials, and new
methods of propulsion in order to design revolutionary
aircraft. However, these aircraft are straining the processes
the FAA uses to determine airworthiness and operational safety,
and may likely challenge some of the conventional ways the FAA
manages the airspace. These new aircraft types will require
investments in infrastructure and a different method of
supporting services.
The SGRLAA Act ensures the FAA develops and implements the
rules needed to allow for the safe introduction of powered-lift
aircraft into service and the processes and guidance necessary
to support these operations. The Act then requires the FAA to
pivot towards long-term planning (in coordination with other
relevant Federal agencies) and establish permanent regulations
governing powered-lift aircraft. Furthermore, this bill extends
grants for state and local governments to plan for the
deployment of infrastructure that supports AAM operations in
communities.
viii. Passenger Experience
For most commercial airline passengers, the air
transportation journey often begins at the curb of the
departure airport and ends at their destination. A passenger's
unique air travel experience is affected by a myriad of factors
including airlines, airports, airport contractors and vendors,
and air traffic management systems and operations. The COVID-19
pandemic caused major difficulties for the entire U.S. aviation
sector. For instance, from January 2020 to April 2020, airline
revenue passenger miles fell by 96 percent.\5\ As COVID-19
restrictions began to lift, air carriers experienced a greater
than anticipated increase in demand for air travel, leading to
capacity and staffing constraints and posing significant
operational challenges, which subsequently increased air travel
consumer complaints.
---------------------------------------------------------------------------
\5\Air Passenger Revenue Miles, Federal Reserve Bank of St. Louis,
available at https://fred.stlouisfed.org/series/AIRRPMTSID11.
---------------------------------------------------------------------------
The Committee recognizes the multifaceted role the aviation
system plays in a passengers' air travel journey. The SGRLAA
Act makes improvements to the comprehensive passenger
experience by codifying consumer protection provisions of the
Department of Transportation (DOT), modernizing the consumer
complaint submission process, and streamlining offline ticket
price and fee disclosures. Furthermore, the SGRLAA Act mandates
a review of methods to report flight delay and cancellation
statistics, requires airline operational resiliency plans,
ensures children ages 13 and under can sit next to a parent on
a flight at no additional cost, and makes key improvements to
the flying experience for passengers with disabilities.
ix. Small Community Air Service
The Essential Air Service Program (EAS) and the Small
Community Air Service Development Program (SCASDP) play an
important role in connecting rural communities to the rest of
the country and the world. However, the Committee remains
concerned about the increased cost of the EAS program and the
efficacy of the SCASDP. The SGRLAA Act makes targeted reforms
to reduce EAS program costs and ensure the future viability of
the program without a drastic impact to existing services. It
also makes modest reforms to the SCASDP to improve its
effectiveness.
x. Air Traffic Management
Air traffic management (ATM) is a critical element of
aviation and has a substantial impact on air travel and the
passenger experience. A well-functioning national airspace
system not only stimulates the economy but also improves the
overall experience for all airspace users. However, the current
state of the air traffic control system is strained, with
limited access to airspace for users, particularly emerging new
airspace users, and insufficient progress in projects to
increase air traffic efficiency. This bill aims to tackle these
challenges by directing the FAA's attention towards key
objectives including streamlining access to special use
airspace and prioritizing air traffic management projects to
enhance efficiency. This bill also includes a comprehensive
review of the national airspace system, with a focus on
improving the efficiency of key processes and operations,
addressing air traffic controller staffing challenges, and
increasing flexibility to all airspace users.
xi. National Transportation Safety Board (NTSB)
The NTSB is an independent Federal investigator of
transportation accidents, including all aircraft incidents and
accidents. The NTSB makes safety recommendations to the
Secretary of Transportation and others based on the findings of
these investigations. Furthermore, the NTSB oversees pilot
certification appeals and fulfills the important role of
providing assistance to victims of transportation accidents and
their families. The SGRLAA Act ensures the NTSB can continue
its important mission by addressing the workforce needs of the
agency, ensuring timely access of investigation reports, and
improving delivery of family assistance.
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
118th Congress the following hearings were used to develop or
consider H.R. 3935:
On February 7, 2023, the Committee on Transportation and
Infrastructure held a hearing entitled ``FAA Reauthorization:
Enhancing America's Gold Standard in Aviation Safety.'' The
Committee received testimony from Mr. David Boulter, Acting
Associate Administrator for Aviation Safety, Federal Aviation
Administration (FAA); the Hon. Jennifer Homendy, Chair,
National Transportation Safety Board; Capt. Jason Ambrosi,
President, Air Line Pilots Association, International; Mr. Pete
Bunce, President and Chief Executive Officer, General Aviation
Manufacturers Association; Mr. Ed Bolen, President and Chief
Executive Officer, National Business Aviation Association; and,
Dr. Kerry Buckley, Vice President, Center for Advanced Aviation
System Development, MITRE Corporation. This hearing focused on
improving safety across the National Airspace System in advance
of Congress acting to reauthorize the FAA's statutory
authorities.
On Thursday, March 9, 2023, the Subcommittee on Aviation
held a hearing entitled ``FAA Reauthorization: Securing the
Future of General Aviation.'' At the hearing Members received
testimony from Mark Baker, President and Chief Executive
Officer, Aircraft Owners and Pilots Association (AOPA); Jack
Pelton, Chief Executive Officer and Chairman of the Board,
Experimental Aircraft Association (EAA); Rick Crider, Executive
Vice President of Airport/Railport & Military Relations, Port
San Antonio, on behalf of the American Association of Airport
Executives (AAAE); and Curt Castagna, President and Chief
Executive Officer, National Air Transportation Association
(NATA). This hearing examined challenges facing the general
aviation community in advance of Congress acting to reauthorize
the FAA's statutory authorities. Members heard from
stakeholders of the general aviation community on issues and
potential legislative solutions prior to the introduction of
the FAA reauthorization bill.
On Thursday, March 23, 2023, the Subcommittee on Aviation
held a hearing entitled ``FAA Reauthorization: Navigating the
Comprehensive Passenger Experience.'' At the hearing, Members
received testimony from Ms. Sharon Pinkerton, Senior Vice
President, Legislative and Regulatory Policy, Airlines for
America (A4A); Mr. Kevin Dolliole, Director of Aviation, Louis
Armstrong New Orleans International Airport on behalf of
Airports Council International-North America (ACI NA); Mr. Rich
Santa, President, the National Air Traffic Controllers
Association (NATCA); and Dr. Lee Page, Senior Associate
Director of Advocacy, Paralyzed Veterans of America (PVA). The
hearing focused on a comprehensive assessment of the airline
passenger experience--analyzing the air transportation system,
from the time a passenger arrives at the departure airport to
the time the passenger departs from the destination airport.
On Thursday, March 30, 2023, the Subcommittee on Aviation
held a hearing entitled ``FAA Reauthorization: Harnessing the
Evolution of Flight to Deliver for the American People.'' At
the hearing, Members received testimony from two panels of
witnesses. The first panel comprised of Mr. Adam Woodworth,
Chief Executive Officer, Wing; Dr. Catherine Cahill, Ph.D.,
Director, Alaska Center for UAS Integration, University of
Alaska Fairbanks; Ms. Roxana Kennedy, Chief of Police, Chula
Vista Police Department; and Dr. Stuart Ginn, M.D., Medical
Director for WakeMed Health and Hospitals. This panel focused
on the certification, operations, and safe integration of new
entrants into the National Airspace System (NAS) in advance of
Congress acting to reauthorize the Federal Aviation
Administration's (FAA) statutory authorities. Members heard
from stakeholders within the healthcare, law enforcement,
consumer delivery, and test and evaluation industries and the
potential legislative solutions for integrating UAS into the
NAS.
The second panel comprised of Mr. Kyle Clark, Founder &
CEO, Beta Technologies; Mr. JoeBen Bevirt, Founder & CEO, Joby
Aviation; Mr. Christopher Bradshaw, CEO, Bristow Group on
behalf of the Helicopter Association International; and Mr.
Clint Harper, advanced air mobility expert and community
advocate. The second panel's testimony focused on the
introduction of electric and powered-lift aircraft into the
NAS. Witnesses provided testimony on the work the FAA needs to
complete ahead of entry-into-service of these aircraft and the
apparent lack of concrete requirements and standards from the
agency related to certification and operations. The panelists
also provided an overview of efforts the industry and other
levels of government are taking to build, permit, and prepare
the necessary infrastructure to support the introduction of
electric aircraft.
On Wednesday, April 19, 2023, the Subcommittee held a
hearing entitled ``FAA Reauthorization: Examining the Current
and Future Challenges Facing the Aerospace Workforce.'' At the
hearing, Members received testimony from Ms. Faye Malarkey
Black, President and Chief Executive Officer, Regional Airline
Association (RAA); Dr. Sharon B. DeVivo, President, Vaughn
College of Aeronautics and Technology; Mr. Brad Thress,
President and Chief Executive Officer, FlightSafety
International (FSI); Ms. Heather Krause, Director, Physical
Infrastructure, Government and Accountability Office (GAO); and
Captain Jason Ambrosi, President, Air Line Pilots Association,
International. The hearing examined the current state of the
United States' aerospace workforce, challenges facing future
industry needs, implementation of the workforce-related
provisions in the FAA Reauthorization Act of 2018 and proposed
solutions.
Legislative History and Consideration
H.R. 3935, the ``Securing Growth and Robust Leadership in
American Aviation Act'', was introduced in the United States
House of Representatives on June 9, 2023, by Rep. Sam Graves
(R-MO), Rep. Rick Larsen (D-WA), Rep. Garret Graves (R-LA), and
Rep. Steve Cohen (D-TN) and referred to the Committee on
Transportation and Infrastructure. Within the Committee on
Transportation and Infrastructure, H.R. 3935 was referred to
the Subcommittee on Aviation. The Subcommittee on Aviation was
discharged from further consideration of H.R. 3935 on June 13,
2023.
The Committee considered H.R. 3935 on June 13, 2023, and
June 14, 2023, and ordered the measure to be reported to the
House with a favorable recommendation, with amendment, by
recorded vote of 63 yeas to 0 nays on June 14, 2023.
The following amendments were offered:
An Amendment in the Nature of a Substitute to H.R. 3935,
offered by Mr. Graves of Missouri was AGREED TO, as amended, by
voice vote.
Manager's Amendment to the Amendment in the Nature of a
Substitute to H.R. 3935, offered by Mr. Graves of Missouri (ANS
1) was AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Ms. Norton (Norton 058) (ANS 2); Page 346,
line 24, strike ``and''. Page 347, line 2, strike the period at
the end and insert ``; and''. Page 347, after line 2, insert
the following: (4) the head of any agency or department of the
Federal Government, including the President or the Vice
President, that travels by rotorcraft over the District of
Columbia.; was NOT AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 208) (ANS 3); At the end
of title VII, add the following: SEC.__. REPEAL OF ESSENTIAL
AIR SERVICE PROGRAM. Subchapter II of chapter 417 of title 49,
United States Code, and the item relating to such subchapter in
the analysis for chapter 417 of title 49, United States Code,
are repealed.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mrs. Napolitano (Napolitano 012) (ANS 4);
At the end of subtitle A of title IV, add the following: SEC.
11. AVIATION EXCISE FUEL TAX. (a) IN GENERAL.--Section 47107(b)
of title 49, United States Code, is amended--(1) in paragraph
(1) by striking ``local taxes'' and inserting ``State and local
excise taxes''; and (2) by adding at the end the following:
``(4) This subsection shall not apply to State or local general
sales taxes nor to State or local generally applicable sales
taxes.''. (b) REVENUES.--Section 47133 of title 49, United
States Code, is amended--(1) in subsection (a) by striking
``Local taxes'' and inserting ``State and local excise taxes'';
and (2) by adding at the end the following: ``(d) LIMITATION ON
APPLICABILITY.--This subsection shall not apply to--``(1) State
or local general sales taxes; or ``(2) State or local generally
applicable sales taxes.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Babin (Babin 031) (ANS 5); Page 726,
strike line 22.; was NOT AGREED TO by voice vote.
En Bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3935 offered by Mr. Babin (Babin 017) (ANS 6
En Bloc); At the end of title VIII of the bill, add the
following: SEC. 834. RULE OF CONSTRUCTION. 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.; (Babin 020) (ANS 6 En Bloc); Page 579, line 12,
strike ``2 years'' and insert ``1 year''. Page 579, line 22,
strike ``2 years'' and insert ``1 year''.; (Babin 025) (ANS 6
En Bloc); Strike section 381.; (Babin 026) (ANS 6 En Bloc);
Strike section 122.; (Babin 027) (ANS 6 En Bloc); Strike
section 683.; (Babin 028) (ANS 6 En Bloc); Strike section 687.;
(Babin 029) (ANS 6 En Bloc); Strike section 126.; (Babin 032)
(ANS 6 En Bloc); Page 180, line 24, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''. Page 382, line 15, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''. Page 618, line 20, strike ``COMMERCIAL SPACE
TRANSPORTATION'' and insert ``COMMERCIAL SPACE LAUNCH AND
REENTRY''. Page 619, line 8, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''. Page 666, line 15, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''. Page 726, line 22, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''. Page 756, line 1, strike ``COMMERCIAL SPACE
TRANSPORTATION'' and insert ``COMMERCIAL SPACE LAUNCH AND
REENTRY''. Page 756, line 11, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''. Page 756, line 26, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''. Page 757, line 1, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''. Page 757, line 4, strike ``commercial space
transportation'' and insert ``commercial space launch and
reentry''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garamendi (Garamendi 059) (ANS 7); At
the end of title VIII, add the following: SEC.__. ELIGIBLE
PROJECTS UNDER TIFIA. (a) DEFINITION OF PROJECT.--Section
601(a)(12)(G) of title 23, United States Code, is amended by
striking ``an eligible airport-related project (as defined in
section 40117(a) of title 49) for which, not later than
September 30, 2025,'' and inserting ``eligible project costs
for a project at a commercial service airport (as defined in
section 47102) for which, not later than September 30, 2028,''.
(b) DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.--
Section 602(c)(1) of title 23, United States Code, is amended
by striking ``airport-related projects'' and inserting
``projects at commercial service airports (as defined in
section 47102 of title 49)''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Bost (Bost 31) (ANS 8); At the end of
title VIII, add the following: SEC. 8__. LIMITATIONS ON
ADDITIONAL SLOT EXEMPTIONS. Section 41718 of title 49, United
States Code, is amended by adding at the end the following:
``(i) LIMITATIONS ON ADDITIONAL SLOT EXEMPTIONS.--Additional
exemptions from the requirements of sections 49104(a)(5),
49109, and 41714 and subparts K, S, and T of part 93 of title
14, Code of Federal Regulations, to air carriers to operate
limited frequencies and aircraft on routes to and from Ronald
Reagan Washington National Airport, may only be granted if the
Secretary finds that the exemptions will not--``(1) reduce air
transportation in areas within the perimeter described in
section 49109; ``(2) decrease competition in multiple markets;
``(3) reduce air travel options for communities served by small
hub airports and medium hub airports both beyond and within the
perimeter described in section 49109; ``(4) strain current
landside and airside capacity at Ronald Reagan Washington
National Airport; ``(5) adversely impact public health in
communities surrounding Ronald Reagan Washington National
Airport; ``(6) pose additional risks to national security,
national defense, and national intelligence, including risk to
the security or protection of people and critical facilities or
assets; ``(7) pose a risk to the safety of the national
airspace system; ``(8) stress the aviation workforce, including
air traffic controllers and pilots; ``(9) increase air and
noise pollution in communities surrounding Ronald Reagan
Washington National Airport; ``(10) result in the
underutilization of the federally funded surface transportation
assets, including the Washington Metropolitan Area Transit
Authority's Silver Line to Washington Dulles International
Airport; ``(11) increase roadway traffic in communities
surrounding Ronald Reagan Washington National Airport; ``(12)
result in meaningfully increased travel delays; ``(13)
adversely impact operational performance at Ronald Reagan
Washington National Airport; and ``(14) adversely impact
passenger experience.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Johnson of Georgia (Johnson GA 017)
(ANS 9); At the end of title VIII, add the following: SEC. 11.
HYDROGEN POWERED AIRCRAFT. (a) FAA AND DEPARTMENT OF ENERGY
LEADERSHIP ON USING HYDROGEN TO INCREASE AVIATION
DECARBONIZATION.--(1) IN GENERAL.--The Secretary of
Transportation, acting primarily through the Administrator of
the Federal Aviation Administration, and jointly with the
Secretary of Energy, shall exercise leadership in the creation
of Federal and international policies, and shall conduct
studies, relating to the safe and efficient use of hydrogen to
increase aviation decarbonization and reduce air and noise
pollution. (2) EXERCISE OF LEADERSHIP.--In carrying out
paragraph (1), the Secretary of Transportation, the
Administrator, and the Secretary of Energy shall--(A) establish
positions and goals for the use of hydrogen to increase
aviation decarbonization; (B) through grant, contract, or
interagency agreements, study the contribution the use of
hydrogen would have on aviation decarbonization, including
hydrogen as an input for conventional jet fuel, sustainable
aviation fuel, and power to liquids or synthetic fuel, and on
air pollution and noise pollution, and study ways of
accelerating introduction of hydrogen-powered aircraft; (C)
review grant eligibility requirements and other policies and
requirements of the Federal Aviation Administration and the
Department of Energy to identify ways to increase the use of
hydrogen; (D) consider the needs of the aerospace industry,
aviation suppliers, hydrogen producers, airlines, and other
stakeholders when creating policies that enable the safe
commercial deployment of hydrogen in aviation; (E) obtain input
from the National Aeronautics and Space Administration, the
aerospace industry, aviation suppliers, hydrogen producers,
airlines, airport sponsors, fixed base operators, and other
stakeholders regarding--(i) the efficient use of hydrogen to
decarbonize aviation within United States airspace, including--
(I) updating or modifying existing policies on such use; (II)
barriers to, and benefits of, the introduction of aircraft
powered with hydrogen; (III) the operational differences
between aircraft powered with hydrogen and aircraft powered
with other types of fuels; (IV) impacts on aircraft emissions;
and (V) public, economic, and noise benefits of the operation
of aircraft powered with hydrogen and associated aerospace
industry activity; and (ii) other issues identified by the
Secretary of Transportation, the Administrator, the Secretary
of Energy, or the advisory committee established under
subparagraph (F) that must be addressed to enable the safe and
expeditious commercial deployment and safe and efficient
operation of aircraft powered with hydrogen; and (F) establish
an advisory committee composed of representatives of the
National Aeronautics and Space Administration, the aerospace
industry, aviation suppliers, hydrogen producers, airlines,
airport sponsors, fixed base operators, and other stakeholders
to advise the Secretary of Transportation, the Administrator,
and the Secretary of Energy on the activities carried out under
this section and subsection (b). (3) INTERNATIONAL
LEADERSHIP.--The Secretary of Transportation, the
Administrator, and the Secretary of Energy, in the appropriate
international forums, shall take actions that--(A) demonstrate
global leadership in carrying out the activities required by
paragraphs (1) and (2); (B) address the needs of the aerospace
industry, aviation suppliers, hydrogen producers, airlines,
airport sponsors, fixed base operators, and other stakeholders
identified under paragraph (2); and (C) preserve the United
States aviation competitiveness. (4) REPORT TO CONGRESS.--Not
later than 1 year after the date of enactment of this section,
the Secretary of Transportation, acting primarily through the
Administrator, and jointly with the Secretary of Energy, shall
submit to the appropriate committees of Congress a report
detailing--(A) the Secretary of Transportation's,
Administrator's, and Secretary of Energy's actions to exercise
leadership in the creation of Federal and international
policies, and of studies conducted, relating to the safe and
efficient use of hydrogen to increase aviation decarbonization
and improve air and noise pollution; (B) planned, proposed, and
anticipated actions to update or modify existing policies
related to hydrogen in the aviation sector, including those
identified as a result of consultation with, and feedback from,
the aerospace industry, aviation suppliers, hydrogen producers,
airlines, airport sponsors, fixed base operators, and other
stakeholders; and (C) a timeline for any actions to be taken to
update or modify existing policies related to hydrogen. (b) FAA
LEADERSHIP ON THE CERTIFICATION OF HYDROGEN POWERED AIRCRAFT TO
INCREASE AVIATION DECARBONIZATION.--(1) IN GENERAL.--The
Administrator shall exercise leadership in the creation of
Federal regulations, standards, and guidance relating to the
safe and efficient use of hydrogen to increase aviation
decarbonization, and reduce air and noise pollution. (2)
EXERCISE OF LEADERSHIP.--In carrying out paragraph (1), the
Administrator shall--(A) establish a viable path for the
certification of hydrogen-powered aircraft that considers
existing frameworks; (B) review certification regulations and
other requirements of the Federal Aviation Administration to
identify ways to facilitate the use of hydrogen; (C) consider
the needs of the aerospace industry, aviation suppliers,
hydrogen producers, airlines, airport sponsors, fixed base
operators, and other stakeholders when creating regulations and
standards that enable the safe commercial deployment of
hydrogen in aviation; (D) obtain the input of the aerospace
industry, aviation suppliers, hydrogen producers, airlines,
airport sponsors, fixed base operators, and other stakeholders
regarding--(i) the appropriate regulatory framework and
timeline for permitting the safe and efficient use of hydrogen
within United States airspace, including updating or modifying
existing regulations on such use; (ii) how to accelerate the
resolution of issues related to standards and regulations for
the type certification and safe operation of aircraft powered
with hydrogen; and (iii) other issues identified by the
Administrator or the advisory committee established under
subsection (a)(2)(F) that must be addressed to enable the safe
and expeditious commercial deployment and safe and efficient
operation of aircraft powered with hydrogen. (c) AIRPORT
IMPROVEMENT PROGRAM USE OF FUNDS.--Section 47102 of title 49,
United States Code, is amended--(1) in paragraph (3), by adding
at the end the following: ``(W) acquiring land for, or work
necessary for constructing, reconstructing, repairing, or
improving, or otherwise modifying an airport or airport
facilities, or property adjacent to, or in the vicinity of, an
airport but intended to support the airport to store and
distribute hydrogen, sustainable aviation fuel, or
electrification to power aircraft.''; and (2) in paragraph (13)
(as redesignated by section 401), by inserting ``, including
hydrogen and electrification,'' after ``alternative fuels''.
(d) CLEEN ENGINE AND AIRFRAME TECHNOLOGY PARTNERSHIP.--Section
47511(a) of title 49, United States Code, is amended by
striking ``jet fuels for civil subsonic airplanes'' and
inserting ``jet fuels, hydrogen, and batteries for aircraft''.
(e) CENTER OF EXCELLENCE FOR ALTERNATIVE JET FUELS AND
ENVIRONMENT (ASCENT).--(1) IN GENERAL.--The Center of
Excellence for Alternative Jet Fuels and Environment (ASCENT)
shall 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. (2) NATIONAL
AVIATION RESEARCH PLAN.--Beginning with the first National
Aviation Research Plan published after the date of enactment of
this section, as required under section 44501(c) of title 49,
United States Code, the Administrator of the Federal Aviation
Administration shall include research on hydrogen to increase
aviation decarbonization in such plan.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Ms. Titus (Titus 045) (ANS 10); Page 147,
line 9, add ``and'' at the end. Page 147, strike `` `; and' ''
and insert ``a semicolon''. Page 147, line 19, strike the first
period and all that follows through the second period and
insert the following: ``(F) shall consider the economic
viability of commercial air tour operations that would result
from an air tour management plan.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Ms. Brownley (Brownley 050) (ANS 11); At
the end of title VIII, add the following: SEC.__. HELICOPTER
RECORDERS. (a) IN GENERAL.--Chapter 447 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44744. Helicopter recorders ``It shall be unlawful for
any air carrier to operate a single or multiengine, turbine-
powered helicopter with 1 or more passenger seats and 1 or more
pilots without a flight data recorder and cockpit voice
recorder that meet the requirements of section 91.609 of title
14, Code of Federal Regulations.''. (b) CLERICAL AMENDMENT.--
The analysis for chapter 447 of title 49, United States Code,
is amended by adding at the end the following: ``44744.
Helicopter recorders.''. (c) EFFECTIVE DATE.--The amendments
made by this section shall take effect on the date that is 1
year after the date of enactment of this Act.; was NOT AGREED
TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. DeSaulnier (DeSaulnier 020) (ANS 12);
At the end of title VIII, add the following: SEC.__. SENSE OF
CONGRESS ON TRANSPARENCY IN AVIATION INDUSTRY. It is the sense
of Congress that the Administrator of the Federal Aviation
Administration should take such actions as are necessary to
ensure that air carriers and other persons providing air
transportation are prohibited from hiding information
determined to be important by the Administrator in any
investigation regarding aircraft incidents, including incidents
that result in death or injury.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Carbajal (Carbajal 026) (ANS 13); At
the end of title VIII, add the following: SEC. 834. PFAS
REPLACEMENT PROGRAM FOR AIRPORTS. (a) IN GENERAL.--The
Secretary of Transportation shall establish a new program,
subject to terms, conditions, and assurances acceptable to the
Secretary, to reimburse certificate holders under part 139 of
title 14, Code of Federal Regulations, for the reasonable and
appropriate costs associated with any of the following: (1) The
one-time initial acquisition by operators of airports
certificated under part 139 of title 14, Code of Federal
Regulations, of fluorine-free firefighting alternatives that
satisfy the requirements of part 139 of title 14, Code of
Federal Regulations, the volume of which shall be limited to
that required by part 139 of title 14, Code of Federal
Regulations. (2) The disposal of per- or polyfluoroalkyl
products, including fluorinated aqueous film-forming agents, to
the extent such disposal is necessary to facilitate the
transition to an acceptable fluorine-free agent including
aqueous film-forming agents currently in fire-fighting
equipment, vehicles, and wastewater generated during the
cleaning of firefighting equipment and vehicles. (3) Cleaning,
decontamination, or disposal of existing equipment or
components thereof, to the extent such cleaning,
decontamination or disposal is necessary to facilitate the
transition to an acceptable fluorine-free agent. (4) Any
equipment or components thereof necessary to facilitate the
transition to an acceptable fluorine-free agent. (5) Planning
efforts to prepare for any environmental response actions or
remediation actions associated with possible contamination of
soil, groundwater, or sediments. (b) APPROPRIATIONS.--There is
authorized to be appropriated $250,000,000 to carry out the
program set forth in subsection (a) of this section, to remain
available for 5 years after the date in which the Administrator
of the Federal Aviation Administration approves a fluorine free
firefighting agent acceptable under 139.319(l) of title 14,
Code of Federal Regulations. (c) REQUIREMENTS.--(1) IN
GENERAL.--The funding program established under subsection (a)
shall be in addition to any other funding program previously
established by law. (2) DETERMINATION OF ELIGIBILITY.--The
Secretary shall determine the eligibility of costs payable
under this program by taking into account all engineering,
technical, and environmental protocols and generally accepted
industry standards that are developed or established for
fluorine free foams. (3) COMPLIANCE WITH OTHER LAWS.--All
actions related to the acquisition, disposal and transition to
fluorine free foams, including the cleaning, decontamination
and disposal of equipment, must be conducted in full compliance
will all applicable federal laws to be eligible for
reimbursement under this section.; was NOT AGREED TO by voice
vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Nehls (Nehls 037 Revised 3) (ANS 14);
At the end of subtitle C of title III, add the following: 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)
in paragraph (1)--(i) in the heading by striking
``NONRETROACTIVITY'' and inserting ``RETROACTIVITY''; and (ii)
by striking ``No person'' and all that follows through the
period at the end and inserting ``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.''.;
was AGREED TO by a recorded vote of 32 yeas and 31 nays (Roll
Call No. 018).
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Stanton (Stanton 025) (ANS 15); At the
end of subtitle A of title VII, insert the following: SEC.__.
SEATING ACCOMMODATIONS FOR QUALIFIED INDIVIDUALS WITH
DISABILITIES. (a) IN GENERAL.--(1) ADVANCED NOTICE OF PROPOSED
RULE5 MAKING.--Not later than 180 days after the date of
enactment of this section, the Secretary shall issue an
advanced notice of proposed rulemaking regarding seating
accommodations for any qualified individual with a disability.
(2) NOTICE OF PROPOSED RULEMAKING.--Not later than 1 year 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. (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 seating
accommodations for any qualified individual with a disability.
(b) REQUIREMENTS.--In carrying out any rulemaking under
subsection (a), 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) PILOT
PROGRAM.--(1) ESTABLISHMENT.--(A) IN GENERAL.--The Secretary
shall establish a pilot program to allow approved program
participants as known service animal users for the purpose of
exemption from the documentation requirements under part 382 of
title 14, Code of Federal Regulations, with respect to air
travel with a service animal. (B) REQUIREMENTS.--The pilot
program established under subparagraph (A) shall--(i) be
optional; (ii) provide to applicants assistance, including
over-the-phone assistance, throughout the application process
for the program; (iii) with respect to any web-based components
of the pilot program, meet or exceed the standards described in
section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)
and the regulations implementing that Act as set forth in part
1194 of title 36, Code of Federal Regulations; and (iv) exempt
participants of the pilot program from any documentation
requirements under part 382 of title 14, Code of Federal
Regulations. (2) CONSULTATION.--In establishing the pilot
program under paragraph (1), the Secretary shall consult with--
(A) disability advocacy entities, including nonprofit
organizations focused on ensuring that individuals with
disabilities are able to live and participate in their
communities; (B) air carriers and foreign air carriers; (C)
accredited service animal training programs and authorized
registrars, such as the International Guide Dog Federation,
Assistance Dogs International, and other similar organizations
and foreign and domestic governmental registrars of service
animals; (D) other relevant departments or agencies of the
Federal Government; and (E) other entities determined to be
appropriate by the Secretary. (3) ELIGIBILITY.--To be eligible
to participate in the pilot program under this subsection, an
individual shall--(A) be a qualified individual with a
disability; (B) require the use of a service animal because of
a disability; and (C) submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may require. (4) CLARIFICATION.--The Secretary
may award a grant or enter into a contract or cooperative
agreement in order to carry out this subsection. (5) NOMINAL
FEE.--The Secretary may require an applicant to pay a nominal
fee (not to exceed $25) to participate in the pilot program.
(6) REPORTS TO CONGRESS.--(A) PLANNING REPORT.--Not later than
1 year after the date of enactment of this section, the
Secretary shall submit to the appropriate committees of
Congress a publicly available report describing the
implementation plan for the pilot program under this
subsection. (B) ANNUAL REPORT.--Not later than 1 year after the
establishment of the pilot program under this subsection, and
annually thereafter until the date described in paragraph (7),
the Secretary shall submit to the appropriate committees of
Congress a publicly available report on the progress of the
pilot program. (C) FINAL REPORT.--Not later than 5 years after
the date of enactment of this section, the Secretary shall
submit to the appropriate committees of Congress a publicly
available final report that includes recommendations for the
establishment and implementation of a permanent known service
animal user travel program for the Federal Government. (7)
SUNSET.--The pilot program shall terminate on the date that is
5 years after the date of enactment of this section. (d)
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. (e) REPORT
TO CONGRESS ON SERVICE ANIMAL REQUESTS.--Not later than 1 year
after the date of enactment of this section, and annually
thereafter, the Secretary shall submit to the appropriate
committees of Congress a report on requests for air travel with
service animals, including--(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. (f) 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. (g)
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) APPROPRIATE COMMITTEES OF CONGRESS.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives. (3) FOREIGN AIR CARRIER.--The term ``foreign
air carrier'' has the meaning given that term in section 40102
of title 49, United States Code. (4) 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. (5) SECRETARY.--The
term ``Secretary'' means the Secretary of Transportation. (6)
SERVICE ANIMAL.--The term ``service animal'' has the meaning
given that term in section 382.3 of title 14, Code of Federal
Regulations.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mrs. Gonzalez-Colon (Gonzalez-Colon 027)
(ANS 16); At the end of title VIII, add the following: SEC.__.
CARGO NAVIGATION IN PUERTO RICO. (a) IN GENERAL.--For the
period of 5 years beginning on the date of enactment of this
Act, section 41703(e) of title 49, United States Code, shall be
deemed to apply to Puerto Rico in the same manner as such
subsection applies to Alaska. (b) REPORT.--Not later than 1
year after enactment of this Act, and each year thereafter
during the 5-year period described in subsection (a), the
Secretary of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation a report that describes the effects of
subsection (a). Such report shall include an analysis of data
related to changes in air cargo operations, economic effect,
stakeholder support, and any other factor the Secretary
considers appropriate.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garcia of Illinois (Garcia IL 037)
(ANS 17); At the end of title VIII, add the following: SEC.__.
STUDY ON AIRPORT SLOT PROCESSES. 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 study assessing the transparency
of the slot processes applied to airports, focusing on such
process with respect to competition.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Van Drew (Van Drew 038) (ANS 18);
After section 140, insert the following: SEC. 141. OFFICE OF
ADVANCED AVIATION TECHNOLOGY AND INNOVATION. Section 106 of
title 49, United States Code, is further amended by adding at
the end the following: ``(u) OFFICE OF THE ASSOCIATE
ADMINISTRATOR FOR ADVANCED AVIATION TECHNOLOGY AND
INNOVATION.--``(1) ESTABLISHMENT.--There is established in the
Federal Aviation Administration the Office of Advanced Aviation
Technology and Innovation (in this subsection referred to as
the `Office'). ``(2) ASSOCIATE ADMINISTRATOR.--The Office shall
be headed by an Associate Administrator, who shall--``(A) be
appointed by the Administrator; and ``(B) report directly to
the Administrator. ``(3) PURPOSES.--The purposes of the Office
are to--``(A) serve as an entry point for stakeholders to share
information with the Federal Aviation Administration on
advanced aviation technologies; ``(B) examine the potential
impact of advanced aviation technologies on the national
airspace system, and methods to safely integrate into the
national airspace system; ``(C) work collaboratively with
subject matter experts from all lines of business and staff
offices to examine advanced aviation technologies and concepts
for integration into the national airspace system in an
expeditious manner that takes into account acceptable levels of
risk; ``(D) lead cross-U.S. government collaborative efforts to
develop integrated approaches for the acceleration and
deployment of Advanced Technologies; ``(E) provide leadership
with regard to internal collaboration, industry engagement, and
collaboration with international partners; ``(F) lead cross-FAA
integration, planning, coordination, and collaboration in
support of the integration of advanced aviation technologies;
``(G) support the development of safety cases for advanced
aviation technologies in coordination with the operational
approval office; and ``(H) coordinate and review approval of
advanced aviation technologies, including support to and
approval of any required rulemakings, exemptions, waivers, or
other types of authorizations, as appropriate. ``(4) DUTIES.--
The Associate Administrator shall--``(A) establish, manage, and
oversee the Office of Advanced Aviation Technology and In16
novation; ``(B) develop and maintain a comprehensive strategy
and action plan for fully integrating advanced aviation
technologies into the national aviation ecosystem and providing
full authorization for operations at scale for each of these
technologies; ``(C) collaborate with Federal Aviation
Administration organizations to identify and develop specific
recommendations to address skills gaps in the existing engineer
and inspector workforce involved in the certification and
operational approval of safety technology; ``(D) coordinate and
review, as appropriate, rulemaking activities related to
advanced aviation technologies, including by scoping complex
regulatory issues, evaluating internal processes, and
positioning the Federal Aviation Administration to support
aerospace innovation; ``(E) coordinate and review, as
appropriate, applications for type, production, or
airworthiness certificates, or alternatives to airworthiness
certificates, operating and pilot certification, and airspace
authorizations, among others, related to advanced aviation
technologies; ``(F) coordinate and review, as appropriate,
applications for waivers, exemptions and other operational
authorizations; ``(G) coordinate and review the implementation
of the process required by section 2209 of the FAA Extension,
Safety, and Security Act of 2016 (as amended) (49 U.S.C. 40101
note); ``(H) coordinate with the Chief Operating Officer of the
Air Traffic Organization and other agency leaders to develop
policies to address airspace integration issues at all levels
of uncontrolled and controlled airspace; ``(I) implement the
BEYOND program and the UAS Test Site Program, among others, and
develop other pilot programs in partnership with industry
stakeholders and State, local, and Tribal Governments to enable
highly automated and autonomous operations of Advanced
Technologies unmanned aircraft systems, AAM, and other
innovative aviation technologies at scale by providing the data
necessary to support rulemakings and other approval processes;
``(J) serve as the designated Federal officer to the Advanced
Aviation Technology and Innovation Steering Committee; and
``(K) serve as the Federal Aviation Administration lead for the
Drone Safety Team. ``(5) CONGRESSIONAL BRIEFINGS.--Not later
than 60 days after establishing the position in paragraph (1),
and on a quarterly basis thereafter, the Administrator shall
brief the appropriate committees of Congress on the status of--
``(A) implementing the comprehensive strategy and action plan
for fully integrating aviation technologies into the national
aviation ecosystem and providing full authorization for
operations at scale for each of these technologies; ``(B)
rulemakings, major guidance documents, and other agency pilot
programs or initiatives supporting the comprehensive strategy
and action plan; ``(C) implementing recommendations from the
Advanced Aviation Technology and Innovation Steering Committee;
and ``(D) engagement with international aviation regulators to
develop global standards for advanced aviation technologies.
``(6) UAS INTEGRATION OFFICE.--Not later than 90 days after the
date of enactment of this subsection, the functions, duties and
responsibilities of the UAS Integration Office shall be
incorporated into the Office. ``(7) DEFINITIONS.--In this
subsection: ``(A) AAM.--The term `AAM' has the meaning given
the term `advanced air mobility' in section 2(i)(1) of the
Advanced Air Mobility Coordination and Leadership Act (49
U.S.C. 40101 note). ``(B) ADVANCED AVIATION TECHNOLOGIES.--The
term `advanced aviation technologies'' means technologies for
which introduction has potential safety implications and shall
include unmanned aircraft systems, powered-lift aircraft,
electric propulsion, and super- and hypersonic aircraft.''.;
was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Carter of Louisiana (Carter LA WORD1)
(ANS 19); ``Requiring the FAA to establish additional test
sites dedicated to over 55lbs L-UAS and AAM aircraft including
over the Gulf of Mexico, a region of strategic national
importance.''; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Owens (Owens 013) (ANS 20); At the end
of subtitle A of title IV, add the following: SEC.__.
ADDITIONAL WITHIN AND BEYOND PERIMETER SLOT EXEMPTIONS AT
RONALD REAGAN WASHINGTON NATIONAL AIRPORT. (a) INCREASE IN
NUMBER OF SLOT EXEMPTIONS.--Section 41718 of title 49, United
States Code, is amended by adding at the end the following new
subsection: ``(i) ADDITIONAL SLOT EXEMPTIONS.--``(1) INITIAL
INCREASE IN SLOT EXEMPTIONS.--Not later than 90 days after the
date of enactment of this subsection, the Secretary shall
grant, by order, 28 exemptions from--``(A) the application of
sections 49104(a)(5), 49109, and 41714 to air carriers to
operate limited frequencies and aircraft on routes between
Ronald Reagan Washington National Airport and airports located
within or beyond the perimeter described in section 49109; and
``(B) the requirements of subparts K, S, and T of part 93, Code
of Federal Regulations. ``(2) INCREMENTAL DCA SLOT
ALLOCATIONS.--Of the 28 initial slot exemptions made available
under paragraph (1), the Secretary shall make 20 available to
incumbent air carriers qualifying for status as a non-limited
incumbent carrier and 8 available to incumbent carriers
qualifying for status as a limited incumbent carrier at Ronald
Reagan Washington National Airport as of the date of enactment
of this subsection. Each such air carrier--``(A) may operate up
to a maximum of 4 of the newly authorized slot exemptions;
``(B) shall have sole discretion concerning the use of an
exemption made available under paragraph (1), including the
initial or any subsequent within or beyond perimeter
destinations to be served; and ``(C) shall file a notice of
intent with the Secretary and subsequent notices of intent,
when appropriate, to inform the Secretary of any change in
circumstances concerning the use of any exemption made
available under paragraph (1). ``(3)(A) SUBSEQUENT INCREASE IN
SLOT EXEMPTIONS.--Not later than 180 days following the
Secretary's grant of the 28 initial slot exemptions under
paragraph (1), the Secretary shall grant, by order, an
additional 28 slot exemptions, 20 of which shall be made
available to incumbent air carriers qualifying for status as a
non-limited incumbent carrier, and 8 of which shall be made
available to incumbent carriers qualifying for status as a
limited incumbent carrier at Ronald Reagan Washington National
Airport as of the date of enactment of this subsection. ``(B)
CONDITIONS.--These additional 28 slot exemptions shall be
subject to the same terms and conditions specified under
paragraph (2). ``(C) EXCEPTION.--These additional 28 slot
exemptions shall not be allocated to air carriers by the
Secretary if, prior to the expiration of the 180 day period
referenced in this paragraph, the Administrator of the Federal
Aviation Administration publishes a report concluding
definitively that Ronald Reagan Washington National Airport
cannot accommodate 28 additional each-way flights on a
representative day without materially and adversely impacting
congestion in the national airspace system generally and flight
delays and cancellations at DCA specifically. ``(D) NO IMPACT
ON INITIAL 28 SLOT EXEMPTIONS.--Any adverse findings by the FAA
under paragraph (3)(C) shall not have any impact on the initial
28 slot exemptions granted under paragraph (1). ``(4) NOTICES
OF INTENT.--Notices of intent under paragraph (2)(C) shall
specify the within or beyond perimeter destinations to be
served. ``(5) CONDITIONS.--Flight operations carried out by an
air carrier using an exemption granted under this subsection
shall be subject to the fol14 lowing conditions: ``(A) An air
carrier granted an exemption under this subsection is
prohibited from transferring the rights to its slot exemptions
pursuant to section 41714(j). ``(B) The exemptions granted
under paragraphs (2) and (3)--``(i) may not be for operations
between the hours of 10:00 p.m. and 7:00 a.m.; and ``(ii) may
not increase the number of operations at Ronald Reagan
Washington National Airport in any 1-hour period during the
hours between 7:00 a.m. and 9:59 p.m. by more than 8
operations.''. (b) PRESERVATION OF EXISTING WITHIN-PERIMETER
AIR SERVICE.--In recognition of the importance of preserving
existing air service between Ronald Reagan Washington National
Airport and within-perimeter airports and communities, and for
the avoidance of doubt, none of the provisions in this
subsection shall be construed to authorize any limited
incumbent or non-limited incumbent carrier holding slots or
slot exemptions at Ronald Reagan Washington National Airport as
of the date of enactment of this subsection to use an existing
within-perimeter slot to serve an airport beyond the perimeter
described in section 49109. (c) CONFORMING AMENDMENTS.--Section
41718 of title 49, United States Code, is amended--(1) in
subsection (c)(2)--(A) in subparagraph (A)--(i) in clause (i),
by inserting ``or (i)(2) or (i)(3)'' after ``(g)(2)''; and (ii)
in clause (ii), by striking ``and (g)'' and inserting ``(g),
and (i)''; and (B) in subparagraph (B), by inserting ``or
(i)(2) or (i)(3)'' after ``(g)(3)''; and (2) in subsection
(h)(1), by inserting ``or (i)'' after ``subsection (g)''.; was
WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Ryan (Ryan 016) (ANS 21); Strike
section 328 and insert the following: SEC.__. AVIATION MEDICAL
INNOVATION AND MODERNIZATION WORKING GROUP. (a) IN GENERAL.--
Not later than 120 days after the date of enactment of this
section, the Administrator shall establish the Aviation Medical
Innovation and Modernization Working Group (in this section
referred to as the ``Working Group'') and appoint members of
the Working Group in accordance with subsection (b). (b)
MEMBERSHIP.--(1) NUMBER.--The members of the Working Group
shall not exceed 20 individuals. (2) COMPOSITION.--(A) FEDERAL
AIR SURGEON.--The Federal Air Surgeon shall be a member of the
Working Group and shall be the Chair of the Working Group. (B)
SENIOR AVIATION MEDICAL EXAMINERS.--In addition to the Federal
Air Surgeon, at least 8 members of the Working Group shall be
individuals who are Senior Aviation Medical Examiners. (C)
OTHER MEMBERS.--In addition to the Federal Air Surgeon and the
members appointed under subparagraph (B), the remaining members
shall be licensed medical physicians with substantial expertise
in--(i) aerospace medicine; (ii) psychological medicine; (iii)
neurological medicine; (iv) cardiovascular medicine; or (v)
internal medicine. (D) PREFERENCE IN APPOINTMENTS.--The
Administrator shall give preference to appointing members of
the Working Group who are Aviation Medical Examiners or
licensed medical physicians who have demonstrated research and
expertise in aviation medical issues. (E) USE OF SUBGROUPS.--
The Working Group Administrator may use subgroups to develop
the recommendations under subsection (e). (c)
RECOMMENDATIONS.--The Working Group shall develop a report that
includes recommendations with respect to the following areas:
(1) Evaluation of the conditions an Aviation Medical Examiner
can issue. (2) Improvements and reforms to the Special Issuance
process, including whether, after initial medical certification
by the FAA, renewals can be based on a medical evaluation and
treatment plan by a pilot's treating medical specialist with
concurrence from the pilot's Aviation Medical Examiner. (3)
Development of an online medical portal administered by the FAA
that--(A) adheres to cybersecurity protections and protocols;
(B) authorizes Aviation Medical Examiners, pilots, or their
designee, to securely share medical records; (C) provides
timely updates for a pilot's medical application and improves
return to flying timelines; (D) provides pilots with the
ability to submit additional information requested from the
FAA; (E) includes the method to contact the reviewing office;
and (F) such other requirements as the Working Group may
recommend. (4) The use of technologies to address forms of red-
green color blindness for pilots. (5) Improvements to
Attention-Deficit Hyperactivity Disorder and Attention Deficit
Disorder protocols. (6) Improvements to neurology protocols,
specifically, stroke, head injury, and known loss of
consciousness. (7) Improvements to FAA mental health protocols,
including, but not limited to, mental health conditions such as
depression and anxiety, the use of medications for treating
mental health conditions, and neurocognitive testing rules and
applicability. (d) REPORT.--Not later than 1 year after the
date on which the Working Group is established--(1) the Working
Group shall submit the report developed in accordance with
subsection (c) to the Administrator, along with recommendations
for such legislation and administrative action as the Working
Group determines appropriate; and (2) the Administrator shall
submit such report and recommendations to the appropriate
committees of Congress. (e) ACTIONS BY THE ADMINISTRATOR.--The
Administrator may take such action as the Administrator
determines appropriate to implement the recommendations in the
report under submitted under subsection (d). (f) EXEMPTION FROM
THE FEDERAL ADVISORY COMMITTEE ACT.--Chapter 10 of title 5,
United States Code, shall not apply to the Working Group. (g)
SUNSET.--The Working Group shall terminate on the date on which
the Working Group submits the report required by subsection
(d). (h) 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; (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).; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Mast (Mast 048) (ANS 22); At the end
of title VIII, add the following: SEC. 834. LIMITED REGULATION
OF NON FEDERALLY SPONSORED PROPERTY. (a) IN GENERAL.--The
Administrator of the Federal Aviation Administration shall
issue a final determination on the applicability of section 163
of the FAA Reauthorization Act of 2018 (49 U.S.C. 47107 note)
not later than 40 days after receipt of a request from an
airport sponsor for such determination. (b) FAILURE TO ACT.--If
the Administrator fails to act within the time period described
in subsection (a), the proposed land use for which a
determination under such subsection was requested shall
conclusively be deemed to be outside the jurisdiction pf the
Federal Aviation Administration pursuant to section 163 of the
FAA Reauthorization Act of 2018 (49 U.S.C. 47107 note). (c)
DETERMINATION.--If the Administrator determines that the
Federal Aviation Administration retains jurisdiction over a
proposed land use for which a determination under subsection
(a) was requested under section 163 of the FAA Reauthorization
Act of 2018 (49 U.S.C. 47107 note), and further determines that
review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is required for such proposed land use,
the Administrator shall formally initiate the review process
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) not later than 90 days after the issuance of the
final determination of the Administrator.; was NOT AGREED TO by
voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Menendez (Menendez 009) (ANS 23); Page
731, line 12, insert ``(A) IN GENERAL.--'' before ``Section''.
Page 731, line 17, insert ``of the Federal Aviation
Administration and the Administrator of the Transportation
Security Administration'' before ``shall require''. Page 731,
strike line 18. Page 731, beginning on line 19, insert ``of the
Federal Aviation Administration and the Administrator of the
Transportation Security Administration'' after
``Administrator''. Page 731, after line 23, insert the
following: (b) NOTICE AND CURE.--Not later than 90 days after
the date of enactment of this Act, air carriers described in
subsection (a) of section 551 of the FAA Reauthorization Act of
2018 (49 U.S.C. 44903 note) shall comply with the requirements
of such subsection with respect to submission to the
Administrator of the Transportation Security Administration.
(c) REPORT TO CONGRESS.--Not later than 90 days after the date
of enactment of this Act, the Administrator of the Federal
Aviation Administration, in consultation with the Administrator
of the Transportation Security Administration, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on all the Employee
Assault Prevention and Response Plans submitted pursuant to
section 551 of the FAA Reauthorization Act of 2018 (49 USC
44903 note), to date, listed by each air carrier described in
subsection (a) of such section.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Burlison (Burlison 027_Revised) (ANS
24); At the end of title VIII, add the following: SEC. 834.
STUDY ON FLIGHT SIMULATOR USE. (a) IN GENERAL.--The
Administrator of the Federal Aviation Administration shall
conduct a study that examines the benefits of the use of flight
simulation training devices for a pilot to gain the
aeronautical experience required to obtain--(1) a commercial
pilot certificate pursuant to section 61.129 of title 14, Code
of Federal Regulations; or (2) an airline transport pilot
certificate pursuant to section 61.159 of such title. (b)
CONTENTS.--In carrying out the study required under subsection
(a), the Administrator shall examine the following: (1) The
benefits of using flight simulation training devices to train
pilots. (2) How flight simulation training devices have
advanced since the implementation of the rule titled ``Pilot
Certification and Qualification Requirements for Air Carrier
Operations'' and published on July 15, 2013 (78 Fed. Reg.
42324). (3) The effectiveness of flight simulation training
devices in training pilots, including an analysis of--(A) how
such devices are utilized by the armed forces (as such term is
defined in section 101 of title 10, United States Code) to
train military pilots; and (B) how such devices may improve
pilot competency due to the replication, at a minimum, of--(i)
a multi-crew environment; (ii) operations in complex or
congested airspace; or (iii) freedom of motion. (4) The cost of
acquiring flight simulation training devices and the
availability of such devices, including identifying any supply
chain issues. (5) The potential cost savings of using flight
simulation training devices as compared to traditional aircraft
for training. (6) Any other regulatory updates that can help
safely train pilots in gaining the required aeronautical
experience requirements to obtain the certificates described in
subsection (a). (c) REPORT.--Not later than 180 days 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). (d) FLIGHT
SIMULATION TRAINING DEVICE DEFINED.--In this section, the term
``flight simulation training device'' has the meaning given
such term in part 1 of title 14, Code of Federal Regulations,
and appendix F to such title.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Ms. Hoyle of Oregon (Hoyle OR 011) (ANS
25); At the end of title VIII, add the following: SEC._.
EXPRESS CARRIER EMPLOYEE PROTECTION. (a) IN GENERAL.--Section
201 of the Railway Labor Act (45 U.S.C. 181) is amended--(1) by
striking ``All'' and inserting the following: ``(a) IN
GENERAL.--All''; (2) by inserting ``and every express carrier''
after ``common carrier by air''; and (3) by adding at the end
the following: ``(b) SPECIAL RULES FOR EXPRESS CARRIERS.--``(1)
IN GENERAL.--An employee of an express carrier shall be covered
by this Act only if that employee is in a position that is
eligible for certification under part 61, 63, or 65 of title
14, Code of Federal Regulations, and only if that employee
performs duties for the express carrier that are eligible for
such certification. All other employees of an express carrier
shall be covered by the provisions of the National Labor
Relations Act (29 U.S.C. 151 et seq.). ``(2) AIR CARRIER
STATUS.--Any person that is an express carrier shall be
governed by paragraph (1) notwithstanding any finding that the
person is also a common carrier by air. ``(3) EXPRESS CARRIER
DEFINED.--In this section, the term `express carrier' means any
person (or persons affiliated through common control or
ownership) whose primary business is the express shipment of
freight or packages through an integrated network of air and
surface transportation.''. (b) CONFORMING AMENDMENT.--Section 1
of the Railway Labor Act (45 U.S.C. 151) is amended by striking
``, any express company that would have been subject to
subtitle IV of title 49, United States Code, as of December 31,
1995,''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Collins (Collins 009) (ANS 26); Page
616, strike lines 11 through line 5 on page 617 and insert the
following: (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 hypersonic 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 highspeed 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.
Page 617, after line 5, insert the following (and redesignate
the subsequent subsection accordingly): (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 section, the Administrator, in
consultation with the Administrator of the National Aeronautics
and Space Administration and relevant stakeholders, including
industry and academia, shall identify the minimum altitude
above the upper boundary of Class A airspace at or above which
flights operating with speeds above Mach 1 generate sonic booms
that are inaudible at the surface under prevailing atmospheric
conditions. (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. Page
617, line 8, strike ``may'' and insert ``shall''.; was AGREED
TO by a recorded vote of 36 yeas and 28 nays (Roll Call No.
019).
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Kean of New Jersey (Kean NJ 010) (ANS
27); At the end of title VIII, add the following: SEC._. AIR
STATISTIC REPORTS. Not later than 60 days after the date of the
enactment of this Act, the Secretary of Transportation shall
ensure that the Bureau of Transportation Statistics revises and
maintains Technical Reporting Directive No. 31 (14 C.F.R. Part
234) to provide that the following events are not included
within the air carrier codes specified in such Directive: (1)
Aircraft cleaning necessitated by such incidents as the death
of a passenger, excessive bleeding, service animal (SVAN)
soiling, and extensive debris left by customers. (2) Aircraft
damage caused by extreme weather, bird strike, foreign object
debris (FOD), sabotage, and other similar causes. (3) Awaiting
the arrival of connecting passengers or crew due to weather or
local or National Airspace System logistics. (4) Awaiting the
results of an unexpected alcohol test of a crewmember caused by
the suspicion or accusation of a customer. (5) Awaiting gate
space due to congestion not within the carrier's control,
including the utilization of common gates or uncontrollable
gate returns resulting from constraints of the National
Airspace System. (6) A baggage or cargo loading delay caused by
an outage of a bag system not controlled by a carrier,
including wind affecting ramp conditions, late connecting bags
resulting from an air traffic controller delay, airport
infrastructure failure, and similar causes. (7) Cabin servicing
or catering delays due to weather or wind. (8) Vendor computer
outages, cybersecurity attacks (provided that the carrier is in
compliance with applicable cybersecurity regulations), or
issues related to the use of airport-supplied communications
equipment (such as common-use gates and terminals, power
outage, and lighting). (9) Availability of crew related to
hours flown, rest periods, and on-duty times not caused by a
carrier, including a delay of a crew replacement or reserve
necessitated by a non-controllable event, and pilot or flight
attendant rest related to weather, air traffic controller, or
local logistics. (10) An unscheduled engineering or safety
inspection. (11) Public health issues. (12) Fueling delays
related to weather or airport fueling infrastructure issues,
including the inoperability of a fuel farm or unusable fuel
which does not meet specified requirements at delivery to an
airport due to contamination in the supply chain. (13)
Government systems that are inoperable or otherwise unable to
receive forms which have been properly completed by an air
carrier. (14) Overheated brakes resulting from a safety
incident, including those resulting from emergency procedures.
(15) Mail from the U.S. Postal Service that was delayed in
arrival. (16) Unscheduled maintenance, including airworthiness
issues manifesting outside a scheduled maintenance program and
that cannot be deferred or must be addressed before flight.
(17) A medical emergency. (18) Positive passenger bag match
flags that require removal of a bag in order to ensure
security. (19) The removal of an unruly passenger. (20) Ramp
service from a third-party contractor, including servicing of
potable water, lavatory servicing, and shortage of third-party
ramp equipment. (21) Snow removal or aircraft de-icing due to
the occurrence of extreme weather despite adequate carrier
resources, or the removal of snow on ramps. (22) An airport
closure due to such factors as the presence of volcanic ash,
wind or wind shear.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Yakym (Yakym 015) (ANS 28); At the end
of title VIII, add the following: SEC._ ASSET CONCESSIONS PILOT
PROGRAM. (a) IN GENERAL.--Subchapter I of chapter 471 of title
49, United States Code, is amended by adding at the end the
following: ``Sec. 47145. Asset concessions pilot program ``(a)
ASSET CONCESSIONS PILOT PROGRAM.--``(1) DEFINITIONS.--In this
section: ``(A) APPROVED INFRASTRUCTURE ASSET.--The term
`approved infrastructure asset' means an airport or airports
considered together in a single asset concession or long term
lease to a private individual or entity by 1 or more eligible
entities. ``(B) ASSET CONCESSION.--The term `asset concession'
means a contract between an eligible entity and a private
individual or entity under which--``(i) the eligible entity
agrees to enter into a concession agreement or long-term lease
with the individual or entity relating to an approved
infrastructure asset owned, controlled, or maintained by the
eligible entity; and ``(ii) as consideration for that agreement
or lease, the individual or entity agrees to provide to the
eligible entity 1 or more asset concession payments. ``(C)
ASSET CONCESSION PAYMENT.--The term `asset concession payment'
means a payment from a private individual or entity to an
eligible entity that is--``(i) an upfront payment made at the
financial close of an asset concession; or ``(ii) 1 of a series
of payments scheduled to be made during the term of an asset
concession. ``(D) ELIGIBLE ENTITY.--The term `eligible entity'
means a unit of State or local government that owns, controls,
or maintains an approved infrastructure asset. ``(E) QUALIFYING
INFRASTRUCTURE COST.--The term `qualifying infrastructure cost'
means the non-Federal share of the cost of--``(i) 1 or more
projects for which a grant is provided under this section;
``(ii) a project described in section 5026 of the Water
Resources Reform and Development Act of 2014 (33 U.S.C. 6
3905); ``(iii) a project relating to the development or
construction of an infrastructure asset to provide
communication, broadband, or internet services; ``(iv) a road,
bridge, or other surface transportation asset; ``(v) a highway;
``(vi) a public transit facility; ``(vii) a port or port
terminal; ``(viii) a publicly owned railroad facility; ``(ix) a
wastewater conveyance and treatment facility; ``(x) a drinking
water treatment and distribution facility; ``(xi) an intermodal
facility; ``(xii) an intercity passenger bus facility; ``(xiii)
an intercity passenger rail facility; or ``(xiv) an airport.
``(2) ESTABLISHMENT.--``(A) IN GENERAL.--The Secretary shall
establish a pilot program under which the Secretary shall
provide grants to eligible entities in accordance with
paragraph (3). ``(B) TREATMENT.--Notwithstanding any other
provision of law, the Secretary may not prohibit or otherwise
prevent an eligible entity from entering into, or receiving any
asset concession payment under, an asset concession for an
approved infrastructure asset owned, controlled, or maintained
by the eligible entity. ``(3) RESERVATION.--Of the amount
subject to apportionment under section 47114, the Secretary
shall reserve for each of the next 5 fiscal years, 10 percent
of such amount to provide grants for projects described in this
section to eligible entities that--``(A) have entered, or will
enter, into an asset concession; and ``(B) agree to use the
full amount of the asset concession payment received by the
eligible entity, less any amount paid for transaction costs
relating to the asset concession, to pay qualifying
infrastructure costs of the eligible entity. ``(4)
APPLICATIONS.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application--``(A) at such time, in such manner, and containing
such information as the Secretary may require; and ``(B) that
includes a certification that the applicable portion of any
applicable asset concession payment received by the eligible
entity will be used in accordance with paragraph (3)(B). ``(5)
GRANT AMOUNT.--A grant provided under this section shall not
exceed an amount equal to the lesser of--``(A) as applicable--
``(i) 15 percent of the amount of the asset concession payment
that is used to pay qualifying infrastructure costs under
paragraph (3)(B); or ``(ii) in any case in which the eligible
entity agrees under paragraph (3)(B) to pay the non-Federal
share of the cost of 1 or more projects located in a rural area
(as defined in section 117(i)(3) of title 23, United States
Code), 20 percent of the amount of the asset concession payment
that is used to pay qualifying infrastructure costs under
paragraph (3)(B); and ``(B) $300,000,000. ``(6) EXCESS
FUNDING.--``(A) GRANTS TO OFFSET ASSET CONCESSIONS.--Subject to
subparagraph (B), amounts reserved under paragraph (3) for a
fiscal year shall remain available for expenditure in
accordance with that paragraph through September 30 of the 5th
fiscal year that begins after the date of enactment of this
section. ``(B) APPORTIONMENTS.--The Secretary shall use any
amounts reserved under paragraph (3) for a fiscal year that
remain unexpended as of October 1 of the 6th fiscal year that
begins after the date of enactment of this section to provide
other grants under section 47114. Amounts used for grants in
accordance with this subparagraph shall remain available for
expenditure through September 30 of the 7th fiscal year that
begins after the date of enactment of this section.''. (b)
CLERICAL AMENDMENT.--The analysis of subchapter I of chapter
471 of title 49, United States Code, is amended by inserting
after the item relating to section 47144 the following:
``47145. Asset concessions pilot program.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Bean of Florida (Bean FL 011) (ANS
29); At the end of title VIII of the bill, add the following:
SEC. 834. SAFETY ENHANCEMENTS FOR CERTIFICATION OF TRANSPORT
CATEGORY CARGO AIRPLANES. (a) IN GENERAL.--The Secretary shall
enhance the safety of cargo transport category airplane type
certification by allowing, at the request of the applicant for
certification, the testing of cargo airplanes with
representative or actual cargo in cargo operation flights, and
flown by representative aircrews of typical skill, which may be
made for compensation, during function and reliability testing
and prior to type design approval. (b) ESTABLISHMENT OF
LIMITATIONS.--The Secretary may establish airplane appropriate
operating limitations, during testing, for limited operations
described in subsection (a).; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Gooden of TX (Gooden TX 033) (ANS 30);
At the end of title VIII, add the following: SECTION 8__.
PROHIBITION ON OPERATION OF AIRCRAFT OVER RUSSIAN AIRSPACE. (a)
IN GENERAL.--Notwithstanding any other provision of law, the
Secretary of Transportation shall take such actions as are
necessary to ensure that no air carrier or foreign air carrier
engaging in foreign air commerce taking off from or flying into
an airport in the United States may operate an aircraft in the
airspace over the territory of the Russian Federation. (b)
DEFINITIONS.--The terms used in this section have the meanings
given such terms in section 40102(a) of title 49, United States
Code.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garamendi (Garamendi 061) (ANS 31); At
the end of title VIII, add the following: SEC.__. RULE OF
CONSTRUCTION. A commercial service airport (as defined in
section 47102 of title 49, United States Code) subject to
emissions mitigation requirements under the laws of a State
shall be eligible for the zero-emission vehicle and
infrastructure program under section 47136 of title 49, United
States Code, and the voluntary airport low emissions grant
program described under sections 40117(a)(3)(G), 47102(3)(K),
and 47102(3)(L) of title 49, United States Code, in order to
complete electrification projects consistent with the goals of
the programs described in this section.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 202) (ANS 32); At the end
of title VIII, add the following: SEC.__. PROHIBITIONS ON
CONSTRUCTION CONTRACTS. (a) PROHIBITION.--(1) GENERAL RULE.--
The Secretary of Transportation, and any construction manager
acting on behalf of the Secretary with respect to any
construction contract awarded pursuant to this Act, or the
amendments made by this Act, or obligation of funds pursuant to
such a contract, shall not, in the contracts bid
specifications, project agreements, or other controlling
documents--(A) require or prohibit a bidder, offeror,
contractor, or subcontractor from entering into, or adhering
to, agreements with 1 or more labor organizations, with respect
to that construction project or another related construction
project; or (B) otherwise discriminate against or give
preference to a bidder, offeror, contractor, or subcontractor
because such bidder, contractor or subcontractor--(i) becomes a
signatory, or otherwise adheres to, an agreement with 1 or more
labor organizations with respect to that construction project
or another related construction project; or (ii) refuses to
become a signatory, or otherwise adhere to, an agreement with 1
or more labor organizations with respect to that construction
project or another related construction project. (2) RULE OF
CONSTRUCTION.--Nothing in paragraph (1) shall be construed to
prohibit a contractor or subcontractor from voluntarily
entering into an agreement described in such paragraph. (b)
RECIPIENTS OF GRANTS AND OTHER ASSISTANCE.--The Secretary shall
not award grants, provide financial assistance, or enter into
cooperative agreements for construction projects pursuant to
this Act, until the Secretary ensures that--(1) the bid
specifications, project agreements, or other controlling
documents for such construction projects of a recipient of a
grant or financial assistance, or by the parties to a
cooperative agreement, do not contain any of the requirements
or prohibitions described in subparagraph (A) or (B) of
subsection (a)(1); or (2) the bid specifications, project
agreements, or controlling documents for such construction
projects of a construction manager acting on behalf of a
recipient or party described in paragraph (1), do not contain
any of the requirements or prohibitions described in
subparagraph (A) or (B) of subsection (a)(1).; was NOT AGREED
TO by a recorded vote of 22 yeas and 42 nays (Roll Call 020).
En Bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3935 offered by Ms. Brownley (Brownley 048)
(ANS 33 En Bloc); Page 264, line 16, insert ``, including
sustainable aviation fuel'' after ``fuel''.; (Brownley 049)
(ANS 33 En Bloc); At the end of title VIII of the bill, add the
following: SEC. 834. GRANT PROGRAM. (a) IN GENERAL.--The
Secretary of Transportation, in consultation with the
Administrator of the Environmental Protection Agency, shall
carry out a competitive grant and cost-sharing agreement
program for eligible entities to carry out projects located in
the United States to produce, transport, blend, or store
sustainable aviation fuel. (b) SELECTION.--In selecting an
eligible entity to receive a grant or cost-share agreement
under subsection (a), the Secretary shall consider--(1) the
anticipated public benefits of a project proposed by the
eligible entity; (2) the potential to increase the domestic
production and deployment of sustainable aviation fuel; (3) the
potential greenhouse gas emissions from such project; (4) the
potential for creating new jobs in the United States; (5) the
potential net greenhouse gas emissions impact of different
feedstocks to produce sustainable aviation fuel on a lifecycle
basis, which shall include potential direct and indirect
greenhouse gas emissions (including resulting from changes in
land use); and (6) the proposed utilization of non-Federal
contributions by the eligible entity. (c) AUTHORIZATION OF
APPROPRIATIONS.--There is authorized to be appropriated
$200,000,000 for each of fiscal years 2024 through 2028 to
carry out this section. (d) REPORT.--Not later than October 1,
2029, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives a report
describing the results of the grant program under this section.
The report shall include the following: (1) A description of
the entities and projects that received grants or other cost-
sharing agreements under this section. (2) A detailed
explanation for why each entity received the type of funding
disbursement such entity did. (3) A description of whether the
program is leading to an increase in the production and
deployment of sustainable aviation fuels and whether that
increase is enough to keep the United States on track to
achieve the goals described in section 2 of this Act. (4) A
description of the economic impacts resulting from the funding
to and operation of the project. (e) ELIGIBLE ENTITY DEFINED.--
In this section, the term ``eligible entity'' means-- (1) a
State or local government other than an airport sponsor; (2) an
air carrier; (3) an airport sponsor; and (4) a person or entity
engaged in the production, transportation, blending or storage
of sustainable aviation fuel in the United States or feedstocks
in the United States that could be used to produce sustainable
aviation fuel.; was NOT AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Rouzer (Rouzer 034) (ANS 34); Page
742, after line 13, insert the following: SEC. 834. PROHIBITION
ON PROCUREMENT OF FOREIGN MADE UNMANNED AIRCRAFT SYSTEMS. (a)
IN GENERAL.--The Secretary of Transportation is prohibited from
entering into a contract or awarding a grant for the
procurement of a small unmanned aircraft system manufactured or
assembled by a covered foreign entity. (b) EXEMPTION.--The
Secretary is exempt from any restrictions under subsection (a)
if the procurement is for the purposes of-- (1) counter-UAS
testing, analysis, or training; or (2) aviation safety testing.
(c) WAIVER.--The Secretary of Transportation (or the
Secretary's designee) may waive any restrictions under
subsection (a) on a case by case basis by certifying in writing
not later than 15 days after exercising such waiver to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that the procurement is
required in the national interest of the United States. (d)
EFFECTIVE DATES.-- (1) IN GENERAL.--Beginning on the date of
enactment of this Act, the Secretary may not award a new grant
for the procurement of an unmanned aircraft system manufactured
by a covered foreign entity. (2) EXISTING GRANT.--This section
shall not apply to grants awarded before the date of enactment
of this Act. (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) that is a subsidiary or affiliate of an
entity described in subparagraphs (A) through (C). (2) SMALL
UNMANNED AIRCRAFT; UNMANNED AIRCRAFT; UNMANNED AIRCRAFT
SYSTEM.--The terms ``small unmanned aircraft'', ``unmanned
aircraft'', and ``unmanned aircraft system'' have the meanings
given such terms in section 44801 of title 49, United States
Code.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Van Drew (Van Drew 039) (ANS 35);
Strike page 295, line 2, and insert ``40102 of title 49, United
States Code, and section 47102 of title 49, United States
Code.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garcia of Illinois (Garcia IL 040)
(ANS 36); At the end of title VIII, add the following:
SEC.__.REPORT ON PASSENGER FACILITY CHARGES. The Administrator
of the Federal Aviation Administration shall 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 assessing the passenger
facility charges provided for under section 40117 of title 49,
United States Code, including recommendations for improvement
to such section.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Babin (Babin 024) (ANS 37); Page 583,
after line 21, insert the following: SEC. 635. ADVISORY
CIRCULAR. Not later than 6 months after the date of enactment
of this section, the Secretary of Transportation shall issue
the advisory circular AS-20CAS that provides formal
requirements and guidance based on SC-228 products to class 5
UAS (as such term is defined in section 40102 of Title 49,
United States Code) on publishing information and requirements
related to certification under title 10, Code of Federal
Regulations, of class 5 UAS Detect and Avoid capabilities for
national airspace integration without requiring chase
aircraft.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Mast (Mast 049) (ANS 38); At the end
of title VIII, add the following: SEC. 834. ADMINISTRATIVE
APPEAL PROCESS. (a) IN GENERAL.--Not later than 180 days after
the date of enactment of this Act, the Secretary of
Transportation shall establish an administrative appeal process
whereby an affected airport sponsor may appeal an agency
decision on the appropriate level of review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
required for a proposed Federal action. (b) APPEAL TIMELINE.--
The appeal process established under subsection (a) shall allow
an appeal within 60 days of an agency decision described in
such subsection and shall require a final agency decision by an
Federal Aviation Administration headquarters official within 60
days of such an appeal.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Stanton (Stanton 024) (ANS 39); At the
end of subtitle A of title VII, insert the following:
SEC.__.ON-BOARD WHEELCHAIRS. (a) REQUIREMENTS.--(1) IN
GENERAL.--In the case an aircraft that is required to be
equipped with an on-board wheelchair in accordance with section
382.65 of title 14, Code of Federal Regulations, an air carrier
and a foreign air carrier shall provide in a prominent place on
a publicly available internet website of the carrier, and in
any place where a passenger can make a reservation, information
regarding the rights and responsibilities of both passengers on
such aircraft and the air carrier or foreign air carrier,
including--(A) that an air carrier or foreign air carrier is
required to equip aircraft that have more than 60 passenger
seats and that have an accessible lavatory (whether or not
having such a lavatory is required by section 382.63 of such
title 14) with an on-board wheelchair unless an exception
described in such section 382.65 applies; (B) that a qualified
individual with a disability may request an on-board wheelchair
on aircraft with more than 60 passenger seats even if the
lavatory is not accessible and that the basis of such request
must be that the individual can use an inaccessible lavatory
but cannot reach it from a seat without using an on10 board
wheelchair; (C) that the air carrier or foreign air carrier may
require the qualified individual with a disability to provide
the advance notice specified in section 382.27 of such title 14
in order for the individual to be provided with the on-board
wheelchair; and (D) if the air carrier or foreign air carrier
requires the advance notice described in subparagraph (C),
information on how a qualified individual with a disability can
make such a request. (2) ANNUAL TRAINING.--An air carrier and a
foreign air carriers shall require that all personnel who
regularly interact with the traveling public, including
contractors, complete annual training regarding assisting
qualified individual with a disability, including regarding the
availability of accessible lavatories and on-board wheelchairs
and such individual's right to request an on-board wheelchair.
(3) PUBLIC AWARENESS CAMPAIGN.--The Secretary shall conduct a
public awareness campaign on the rights of qualified
individuals with a disability, including with respect to
accessible lavatories and such individual's right to request an
on-board wheelchair in accordance section 382.65 of title 14,
Code of Federal Regulations. (4) QUALIFIED INDIVIDUAL WITH A
DISABILITY DEFINED.--In this subsection, the term ``qualified
individual with a disability'' has the meaning given such term
in section 382.3 of title 14, Code of Federal Regulations. (5)
PENALTIES.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States Code,
to any air carrier or foreign air carrier who fails to meet the
requirements under paragraph (1) or (2). (b) INCREASED CIVIL
PENALTIES.--(1) IN GENERAL.--Section 46301(a)(7) of title 49,
United States Code, is amended--(A) in the paragraph heading,
by striking ``TO HARM'' ; and (B) in subparagraph (A)--(i) in
the heading, by striking ``BODILY HARM OR DAMAGE TO WHEELCHAIR
OR OTHER MOBILITY AID'' and inserting ``DAMAGE TO WHEELCHAIR OR
OTHER MOBILITY AID, BODILY HARM, OR FAILURE TO EQUIP AIRCRAFT
WITH A WHEELCHAIR''; and (ii) by striking ``or injury to a
passenger with a disability'' and inserting ``, injury to a
passenger with a disability, or a failure to equip an aircraft
with an onboard wheelchair pursuant to section 382.65 of title
14, Code of Federal Regulations (or a successor regulation)''.
(2) EFFECTIVE DATE.--The amendments made by paragraph (1) shall
apply to flights occurring on or after the effective date of
the revision described in subsection (a).; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Mann (Mann 024) (ANS 40); At the end
of subtitle B of title III, 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.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Nehls (Nehls 089) (ANS 41); Page 571,
after line 25, add the following: (8) ensure that the public
phone line for the UAS Integration Office and the office of
congressional affairs of the Administration is manned by a non-
teleworking individual and operational from the hours of 9 a.m.
to 6 p.m.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Menendez (Menendez 008) (ANS 42); At
the end of title VIII, add the following: SEC.__.PARK
PROTECTION. Section 40128(b)(7) of title 49, United States
Code, is amended--(1) in subparagraph (B) by striking ``or the
air traffic control system'' and inserting ``, the air traffic
control system, or the well-being of communities overflown by
aircraft involved in such commercial air tour operations''';
and (2) in subparagraph (C) by inserting ``any community whose
lands are, or may be, and'' before ``any Indian tribe''.; was
WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Yakym (Yakym 016) (ANS 43); Page 522,
strike lines 9 through 25 and insert the following: ``(6) In
Class G airspace, aircraft fling within the safety programming
of a recognized community based organization can fly from the
surface up to controlled airspace. Operators shall maintain
visual line of sight of the aircraft and comply with all
airspace restrictions and prohibitions. Flights into controlled
airspace require specific authorization from the
Administrator.''. (2) in subsection (c) by adding at the end
the following: Page 524, strike lines 3 through 8 and insert
the following: ``(i) from the surface up to controlled airspace
without prior authorization from the Administrator; and ``(ii)
into controlled airspace with prior authorization from the
Administrator. Page 524, beginning on line 23, strike
``prioritize the review'' and all that follows through
``section'' and insert ``designate recognized community-based
organizations to self-declare FRIAs to sponsored sites that
meet criteria developed by the Administrator in coordination
with community-based organizations''. Page 526, after line 2,
insert the following: (C) by inserting after paragraph (7) the
following: ``(8) is a designated Federal Aviation
Administration Trust Administrator.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Ms. Hoyle of Oregon (Hoyle OR 012) (ANS
44); Page 469, after line 15, insert the following: (d)
TRAINING MATERIALS.--(1) IN GENERAL.--Not later than 1 year
after the date of enactment of this section, 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--(A) the specific dangers and
consequences of entering engine ingestion or jet blast zones;
(B) proper protocols to avoid entering an engine ingestion or
jet blast zone; and (C) on-the-job, instructor-led training to
physically demonstrate the engine ingestion zone boundaries and
jet blast zones for each kind of aircraft the ground crew may
encounter. (2) TRAINING REGULATIONS.--Not later than 180 days
after the publication of the training and related educational
materials described in paragraph (1), the Administrator shall
promulgate regulations to require any new, transferred, or
current (as of the date of enactment of this section) employee
of the Federal Aviation Administration to receive the relevant
engine ingestion and jet blast zone hazard training before such
employee may perform work on the apron.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Gooden of Texas (Gooden TX 034) (ANS
45); At the end of title VIII, add the following: SEC._.PILOT
PROGRAM FOR FLIGHT TRAINING. (a) ESTABLISHMENT.--Not later than
120 days after the date of enactment of this Act, the Secretary
of Transportation shall establish a pilot program (in this Act
referred to as the ``Program'') to award grants to covered
flight schools to provide flight training to eligible veterans.
(b) ELIGIBLE USE.--A grant under section may be used to provide
the training necessary for a veteran to earn the following
certificates and ratings issued under part 141 of title 14,
Code of Federal Regulations: (1) A private pilot certificate.
(2) A commercial pilot certificate. (3) A certified flight
instructor certificate. (4) A certified flight instructor
instrument certificate. (5) An instrument rating. (6) A
multiengine rating. (c) ELIGIBLE VETERANS.--(1) IN GENERAL.--To
be eligible to receive flight training from a covered flight
school under the Program, a veteran shall--(A) intend to pursue
a career as a commercial pilot; (B) have a high school diploma
or its equivalent; (C) be able to read, write, and speak
English fluently; (D) hold a valid United States passport, or
be qualified to obtain such a passport; (E) obtain a second
class medical certificate; and (F) meet any other requirements
for eligibility as determined appropriate by the Secretary. (2)
INELIGIBLE VETERANS.--A veteran shall not be eligible to
receive flight training from a covered flight school under the
Program if such veteran--(A) has been convicted of a Federal
felony offense; or (B) possesses a commercial pilot certificate
on or before the date on which such veteran begins receiving
flight training under the Program. (d) APPLICATIONS TO RECEIVE
FLIGHT TRAINING.--A covered flight school receiving a grant
under the Pro5 gram shall be responsible for--(1) soliciting
applications for flight training from eligible veterans; (2)
reviewing such applications; and (3) selecting veterans to
receive flight training and enrolling such veterans in such
flight school. (e) TERMINATION.--The Program shall terminate 18
months after the date on which the Program is established under
subsection (a). (f) REPORT.--Not later than 180 days after the
Program terminates under subsection (e), the Secretary of
Transportation, in consultation with the Secretary of Veterans
Affairs, shall submit to the Committees on Education and Labor,
Transportation and Infrastructure, and Veterans' Affairs of the
House of Representatives, a report that includes a description
of the following: (1) How the improvement of the consistency
and eligibility for assistance under chapter 33 of title 38,
United States Code, may used to provide flight training to
veterans. (2) The costs associated with obtaining a commercial
pilot certificate and ways in which such costs could be reduced
for veterans seeking a commercial pilot certificate. (3) Ways
to increase cooperation between the Department of
Transportation, veterans service organizations, and air
carriers to recruit, screen, and train veterans as commercial
pilots. (4) Ways to improve the availability of Federal student
loans to veterans to use for attending vocational flight
school. (5) A model program under which States and domestic
commercial airlines provide assistance to veterans to obtain
the flight training necessary to obtain a commercial pilot
certificate with a multiengine rating. (g) DEFINITIONS.--In
this section: (1) COVERED FLIGHT SCHOOL.--The term ``covered
flight school'' means a flight school that--(A) holds a pilot
school certificate under part 141 of title 14, Code of Federal
Regulations; and (B) is approved to train pilots for a private
pilot certificate, instrument rating, a commercial pilot
certificate, and a flight instructor certificate. (2)
VETERAN.--The term ``veteran'' means a person who served in the
active military, naval, air, or space service, and who was
discharged or released from such service with an honorable
discharge; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Ms. Titus (Titus 053) (ANS 46); Page 447,
strike line 6 and all that follows through page 449, line 24
and insert the following: (a) IN GENERAL.--Chapter 447 of title
49, United States Code, is amended by adding at the end the
following: ``Sec. 44745. Cockpit recording device ``(a) IN
GENERAL.--Not later than 18 months after the date of enactment
of this section, the Administrator of the Federal Aviation
Administration shall complete a rulemaking proceeding to--``(1)
require that, not later than 4 years after the date of
enactment of this Act, all applicable air craft 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 cock pit 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 of this title and
section 32 of title 18; ``(3) require that such a cockpit voice
recorder has the capability for an operator to use an erasure
feature, such as an installed bulk erase function, consistent
with applicable law and regulations; ``(4) require that, in the
case of such a cockpit voice recorder or flight data recorder
that uses a solid state recording medium in which activation of
a bulk erase function assigns a random discrete code to the
deleted recording, only the manufacturer of the recorder and
National Transportation Safety Board have access to the
software necessary to determine the code in order to extract
the deleted recorded data; and ``(5) ensure that data on such a
cockpit voice recorder or a flight data recorder, through
technical means other than encryption (such as overwriting or
the substitution of a blank recording medium before the
recorder is returned to the owner) is not disclosed for use
other than for accident or incident investigation purposes.
``(b) PROHIBITED USE.--A cockpit voice recorder recording shall
not be used by the Administrator or any employer for any
certificate action, civil penalty, or disciplinary proceedings
against flight crewmembers. ``(c) APPLICABLE AIRCRAFT
DEFINED.--In this section, the term `applicable aircraft' means
an aircraft that is--``(1) operated under part 121 of title 14,
Code of Federal Regulations; and ``(2) required by regulation
to have a cockpit voice recorder or a flight data recorder.''.
(b) CLERICAL AMENDMENT.--The analysis for chapter 447 of title
49, United States Code, is amended by inserting after the item
relating to section 44744 the following: ``44745. Cockpit
recording device.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Bean of Florida (Bean FL 013) (ANS
47); Page 125, after line 25, insert the following: (7)
Ensuring to the maximum extent practicable that applicants can
schedule airman practical tests in no more than 14 calendar
days after such tests are requested.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garamendi (Garamendi 055) (ANS 48); At
the end of title VIII of the bill, add the following: SEC. 834.
CIVIL AVIATION FACILITY PROGRAMS. (a) IN GENERAL.--Section
50101 of title 49, United States Code, is amended--(1) in
subsection (a) by striking ``steel and manufactured goods'' and
inserting ``steel, iron, manufactured products, and
construction materials''; and (2) in subsection (b)(2) by
striking ``steel and goods'' and inserting ``steel, iron,
manufactured products, and construction materials''.; was
WITHDRAWN.
En Bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3935 offered by Mr. Rouzer (Rouzer 036) (ANS
49 En Bloc); Page 501, line 8, strike ``information'' and
insert ``informational and operational environments''. Page
501, line 11, strike ``including'' and insert ``including, but
not limited to, associated networks,''. Page 501, line 12,
insert ``, including the onboard aircraft avionics'' after
``computer systems''.; (Rouzer 037) (ANS 49 En Bloc); At the
end of title VIII, add the following: SECTION II. SECURING
AIRCRAFT AVIONIC SYSTEMS. Section 506(a) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 44704 note) is amended--
(1) in the matter preceding paragraph (1)--(A) by striking
``consider'' and inserting ``revise''; and (B) by striking
``revising'' and inserting ``existing''; (2) in paragraph (1)
by striking ``and'' at the end; (3) in paragraph (2) by
striking the period at the end and inserting ``; and''; and (4)
by adding at the end the following: ``(3) to require that
aircraft avionics serial networks used for flight guidance or
aircraft control be monitored to verify they have not been
compromised by unauthorized external and internal access.''.
SEC.__.COMPTROLLER REVIEW AND REPORT OF CYBERSECURITY OF
COMMERCIAL AVIATION AVIONICS. (a) IN GENERAL.--The Comptroller
General of the United States shall conduct a review on the
consideration, identification, and inclusion of aircraft
cybersecurity into the strategic framework for aviation
security and further as part of the Federal Aviation
Administration's cybersecurity strategy. (b) CONTENTS OF
REVIEW.--The review under subsection (a) shall assess--(1) how
onboard aircraft cybersecurity risks and vulnerabilities are
defined and accounted for in the strategy aviation security
framework, particularly in pillar 2 ``protect and defend FAA
networks and systems to mitigate risks to FAA missions and
service delivery''; (2) how onboard aircraft cybersecurity,
particularly of the aircraft avionics, is considered,
incorporated, and prioritized in the cybersecurity strategy
pursuant to section 509 of the FAA Reauthorization Act of 2018
(49 U.S.C. 44903 note); (3) how roles and responsibilities for
aircraft and ground systems cybersecurity are differentiated
and enforced between the Transportation Security Agency and
Federal Aviation Administration; (4) how aircraft and ground
systems cybersecurity vulnerabilities are being identified and
prioritized for mitigation, particularly considering the
commercial technology ecosystem; and (5) the budgets of the
responsible parties, as identified in subsection (b)(1), to
satisfy those mitigation requirements necessary to secure the
aviation ecosystem from onboard cybersecurity vulnerabilities.;
was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garcia of Illinois (Garcia IL 045)
(ANS 50); At the end of title VIII, add the following:
SEC.__.IMPROVED ALL CARGO FLIGHT DECK INTEGRITY MEASURES. (a)
IN GENERAL.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the fol5 lowing: ``Sec. 44741.
All-cargo flight deck integrity measures ``(a) IN GENERAL.--It
shall be unlawful for an air carrier to operate a covered
aircraft after January 1, 2027 in a covered operation unless
such aircraft is equipped with a cockpit door that--``(1) meets
the requirements of section 25.795(a) of title 14, Code of
Federal Regulations, with respect to intrusion resistance; and
``(2) remains locked while the aircraft is in flight, as
directed by the pilot in command of such aircraft. ``(b) EFFECT
OF RULEMAKING.--The requirement of subsection (a) shall take
effect on January 1, 2027, regardless of whether the
Administrator of the Federal Aviation Administration has issued
regulations to implement such requirement. ``(c) DEFINITIONS.--
In this section: ``(1) COVERED AIRCRAFT.--The term `covered
aircraft' means an aircraft with a cockpit door under
subsection (a)(1) on each new aircraft manufactured after
January 1, 2027 for delivery used in all-cargo air
transportation with a maximum certificated payload capacity
that exceeds 6,500 pounds. ``(2) COVERED OPERATION.--The term
`covered operation' means an operation in all-cargo air
transportation under the provisions of part 121 of title 14,
Code of Federal Regulations.''. (b) CLERICAL AMENDMENT.--The
analysis for chapter 447 of title 49, United States Code, is
amended by adding at the end the following: ``44741. All-cargo
flight deck integrity measures.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Yakym (Yakym 019) (ANS 51); Page 528,
beginning on line 19, strike ``establishing airworthiness and
operational regulations'' and insert ``establishing
performance-based airworthiness and risk-based operational
regulations''. Page 529, line 2, insert ``, as described in
Recommendations AS 2.1 and 2.9 final report of the UAS Beyond
Visual Line of Sight Aviation Rulemaking Committee, which
require a manufacturer's declaration of compliance to a Federal
Aviation Administration accepted means of compliance and which
shall not require type or production certification or the
issuance of a special airworthiness certificate''. Page 529,
line 6, insert ``as described in Recommendation OQ 2.2 of the
UAS Beyond Visual Line of Sight Aviation Rulemaking
Committee''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garcia of Illinois (Garcia 046) (ANS
52); At the end of title VIII, add the following:
SEC.__.ESTABLISHMENT OF OFFICE OF AVIATION CONSUMER PROTECTION.
Section 102 of title 49, United States Code, is amended--(1) in
subsection (e)(1)--(A) in the matter preceding subparagraph
(A), by striking ``7'' and inserting ``8''; and (B) in
subparagraph (A), by striking ``and an Assistant Secretary for
Transportation Policy'' and inserting ``an Assistant Secretary
for Transportation Policy, and an Assistant Secretary for
Aviation Consumer Protection''; and (2) by adding at the end
the following: ``(j) OFFICE OF AVIATION CONSUMER PROTECTION.--
``(1) ESTABLISHMENT.--There is established in the Department an
Office of Aviation Consumer Protection (referred to in this
subsection as the `Office') to administer and enforce the
aviation consumer protection and civil rights authorities
provided to the Department by statute, including those under
section 41712--``(A) to assist, educate, and protect
passengers; ``(B) to monitor compliance with, conduct
investigations relating to, and enforce, including by taking
appropriate action to address violations of, aviation consumer
protection, civil rights, and aviation economic requirements;
and ``(C) to promulgate, as appropriate, aviation consumer
protection and civil rights regulations. ``(2) LEADERSHIP.--The
Office shall be headed by the Assistant Secretary for Aviation
Consumer Protection (referred to in this subsection as the
`Assistant Secretary'). ``(3) TRANSITION.--Not later than 180
days after the date of enactment of this subsection, the Office
of Aviation Consumer Protection that is a unit within the
Office of the General Counsel of the Department which is headed
by the Assistant General Counsel for Aviation Consumer
Protection, shall cease to exist. The Department shall
determine which employees are necessary to fulfill the
responsibilities of the new Office of Aviation Consumer
Protection and those employees shall be transferred from the
Office of the General Counsel as appropriate to the newly
established Office of Aviation Consumer Protection. To the
extent the Office of the General Counsel retains any attorney
or hires any new attorney to advise the newly established
Office of Aviation Consumer Protection, those attorneys will be
located in the remaining offices within the Office of the
General Counsel. ``(4) COORDINATION.--The Assistant Secretary
shall coordinate with the General Counsel appointed under
subsection (e)(1)(E), in accordance with section 1.26 of title
49, Code of Federal Regulations (or a successor regulation), on
all legal matters relating to--``(A) aviation consumer
protection; and ``(B) the duties and activities of the Office
described in subparagraphs (A) through (C) of paragraph (1).
``(5) ANNUAL REPORT.--The Assistant Secretary shall submit to
the Secretary, who shall submit to Congress and make publicly
available on the website of the Department, an annual report
that, with respect to matters under the jurisdiction of the
Department, or otherwise within the statutory authority of the
Department--``(A) analyzes trends in aviation consumer
protection, civil rights, and licensing; ``(B) identifies major
challenges facing passengers; and ``(C) addresses any other
relevant issues, as the Assistant Secretary determines to be
appropriate. ``(6) FUNDING.--There is authorized to be
appropriated $12,000,000 for fiscal year 2024, $13,000,000 for
fiscal year 2025, $14,000,000 for fiscal year 2026, $15,000,000
for fiscal year 2027, and $16,000,000 for fiscal year 2028.''.;
was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Nehls (Nehls 073) (ANS 53); At the end
of subtitle A of title VI, add the following: SEC. 6ll. SMALL
UNMANNED AIRCRAFT PILOT RESEARCH FOR PUBLIC SAFETY. (a) IN
GENERAL.--Chapter 448 of title 49, United States Code, is
amended by adding at the end the following: ``Sec. 44811.
Small unmanned aircraft pilot research for public safety ``(a)
PROHIBITION REGARDING WEAPONS.--The prohibition regarding
unmanned aircraft armed with dangerous weapons under section
363 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802
note) is reaffirmed. ``(b) PILOT RESEARCH PROGRAM.--``(1) IN
GENERAL.--Not later than 12 months after the date of enactment
of this section, the Administrator of the Federal Aviation
Administration shall initiate a pilot research program to study
the potential use of non-lethal de-escalation unmanned aircraft
by law enforcement agencies. ``(2) CONTENTS.--The study
required under subsection (b) shall address--``(A) the process
of assessing and validating non-lethal de-escalation equipment
that may be attached to unmanned aircraft; ``(B) training
protocols for law enforcement and agents of the Administration;
and ``(C) operational and safety protocols for operators of
non-lethal de-escalation unmanned aircraft and agencies
directly overseeing the operation of such unmanned aircraft.
``(3) PARTNERSHIPS.--The Administrator shall enter into
interagency agreements with the Departments of Justice,
Department of Homeland Security, or State agencies with regard
to the pilot research program established under this
subsection. The Administrator may consider unmanned aircraft
test ranges designated under section 44803, or Federal or State
law enforcement training facilities as locations for such
program. ``(4) 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 a report on the results of the pilot research
program that includes a description of a potential process
through which an applicant to such program may seek permission
from the Administrator to operate non-lethal de-escalation
unmanned aircraft. ``(c) RULEMAKING.--Not later than 6 months
after receiving the report set required under subsection
(b)(4), the Administrator shall initiate a rulemaking to create
a process through which the Administrator shall initiate a
rulemaking to create a process through which the Administrator
may provide approval to operate non-lethal de-escalation
unmanned aircraft. ``(d) MANUFACTURING REQUIREMENT.--Any non-
lethal de-escalation unmanned aircraft used under the pilot
research program shall be manufactured in the United States, as
defined by the Federal Trade Commission under part 323 of title
16, Code of Federal Regulations. ``(e) DEFINITIONS OF NON-
LETHAL DE-ESCALATION UNMANNED AIRCRAFT.--In this section: ``(1)
NON-LETHAL DE-ESCALATION UNMANNED AIRCRAFT.--The term `non-
lethal de-escalation unmanned aircraft' means an unmanned
aircraft equipped with 1 or more non-lethal weapons or devices
that is--``(A) used by law enforcement personnel in scenarios
that present significant risk to human life, including the life
of law enforcement personnel, captives, uninvolved individuals,
the public, or a suspected criminal; and in which the suspected
criminal is in an position through which he or she could
potentially escalate the situation and expose human life to a
high level of risk. ``(2) NON LETHAL WEAPON.--The term `non-
lethal weapon' has the meaning given the term in used in DOD
Directive Number 300.03E, issued on August 31, 2018, by the
Department of Defense.''. (b) CLERICAL AMENDMENT.--The analysis
for chapter 448 of title 49, United States Code, is amended by
adding at the end the following: ``44811. Small unmanned
aircraft pilot research for public safety.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Huffman (Huffman 030) (ANS 54);
Beginning on page 679, line 25, strike ``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'' and insert ``335,000,000
for fiscal year 2024, $340,000,000 for fiscal year 2025,
$342,000,000 for fiscal year 2026, $342,000,000 for fiscal year
2027, and $350,000,000 for fiscal year 2028''.; was NOT AGREED
TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 200) (ANS 55); At the end
of title VIII of the bill, add the following: SEC. 834.
PREVAILING WAGES. Section 47112(b) of title 49, United States
Code, is amended by inserting ``This subsection applies to an
airport development project only if the total cost of the
project exceeds $150,000 (with the Secretary of Transportation
adjusting such amount for inflation each year).'' after
``bids.''.; was NOT AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 203) (ANS 56); Strike
section 429.; was NOT AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Huffman (Huffman 029) (ANS 57);
Beginning on page 679, line 25, strike ``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'' and insert ``335,000,000
for fiscal year 2024, $340,000,000 for fiscal year 2025,
$342,000,000 for fiscal year 2026, $342,000,000 for fiscal year
2027, and $350,000,000 for fiscal year 2028''.; was NOT AGREED
TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Yakym (Yakym 020) (ANS 58); Page 575,
after line 2, insert the following: (J) Commercial drone
industry associations.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 218) (ANS 59); At the end
of the bill, add the following: 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.; was
AGREED TO by a recorded vote of 33 yeas and 32 nays (Roll Call
No. 021).
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 207) (ANS 60); Strike
section 419 of the bill and insert the following: SEC. 419.
REPEAL. Section 47136 of title 49, United States Code, is
repealed.; was NOT AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 222) (ANS 61); At the end
of title VIII of the bill, add the following: SEC. 834. AIR
TRAFFIC CONTROLLER SEPARATION. Section 8335(a) of title 5,
United States Code, is amended--(1) by striking ``56 years of
age'' and inserting ``58 years of age''; and (2) by striking
``61 years of age'' and inserting ``63 years of age''.; was NOT
AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. DeSaulnier (DeSaulnier 017) (ANS 62);
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 de23 scribed 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.; was NOT AGREED
TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 214) (ANS 63); Page 256,
line 1, strike ``or labor''. Page 256, line 7, strike ``or
labor''.; was NOT AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garamendi (Garamendi 062) (ANS 64); At
the end of title VIII, add the following: SEC.__. PROJECT
DELIVERY INNOVATION. (a) IN GENERAL.--Subchapter I of chapter
471 of title 49, United States Code, is amended by adding at
the end the following: ``Sec. 47145. Project delivery
innovation ``(a) IN GENERAL.--The Secretary of Transportation
shall allow any airport eligible to receive grants under this
subchapter to implement projects using funding made available
under the heading `Federal Aviation Administration--Airport
Infrastructure Grants' under title VIII of the Infrastructure
Investment and Jobs Act (Public Law 117-58) through contracting
mechanisms that would comply with existing law and regulations
governing the use of Federal funding for airport projects under
this subchapter through alternative delivery methods such as
Construction Manager-at-Risk or Progressive Design Build. ``(b)
PROCUREMENT.--The funding described in subsection (a) may be
allocated to a non-federally procured existing project that is
utilizing an alternative delivery method, as long as the
eligible airport modifies existing contracts to incorporate the
required Federal provisions.''. (b) CLERICAL AMENDMENT.--The
analysis for subchapter I of chapter 471 of title 49, United
States Code, is amended by adding at the end the following:
``47145. Project delivery innovation.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 220) (ANS 65); Page 691,
line 11, strike ``and''. Page 691, line 13, strike the period
and insert ``; and''. Page 691, after line 13, insert the
following: (4) the sale or disposal of unneeded offices.; was
NOT AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. DeSaulnier (DeSaulnier 016) (ANS 66);
At the end of title VIII, add the following: SEC. 834. PAID
FAMILY AND MEDICAL LEAVE FOR FAA AND TSA EMPLOYEES. (a) IN
GENERAL.--Section 40122(g)(5) of title 49, United States Code,
is amended to read as follows: ``(5) FAMILY AND MEDICAL
LEAVE.--``(A) PAID PARENTAL LEAVE.--``(i) IN GENERAL.--The
Administrator shall implement a paid parental leave benefit for
employees of the Administration that is, at a minimum,
consistent with the paid parental leave benefits provided under
section 6382 of title 5. ``(ii) ADDITIONAL REQUIREMENTS.--The
paid parental leave benefit provided under clause (i) shall
provide for the following: ``(I) The entitlement to leave for
the placement of a son or daughter with the employee for
adoption or foster care may commence prior to the placement of
the son or daughter to be adopted for activities necessary to
allow the adoption to proceed. ``(II) An employee may use leave
for the birth of a son or daughter of the employee and in order
to care for such son or daughter in the event that the employee
experiences any of the following: ``(aa) A pregnancy loss.
``(bb) An unsuccessful round of intrauterine insemination or of
an assisted reproductive technology procedure. ``(cc) A failed
adoption match or an adoption that is not finalized because it
is contested by another party. ``(dd) A failed surrogacy
arrangement. ``(ee) A diagnosis or event that impacts pregnancy
or fertility. ``(III) An employee may use leave for the birth
of a son or daughter of the employee and in order to care for
such son or daughter in the event that the absence is necessary
to care for a spouse or domestic partner who experiences a
circumstance described in subclause (II). ``(IV)(aa) In the
event that an employee gives birth to a child under a surrogacy
arrangement, the employee may use leave for the birth of a son
or daughter of the employee and in order to care for such son
or daughter during such recovery period. ``(bb) For an employee
who gives birth to a child under a surrogacy arrangement, the
child shall be considered to be the child of the employee for
purposes of determining entitlement to leave under provided
pursuant to this subparagraph. ``(V) In the event that a child
dies during the birth-giving parent's post-birth recovery
period, the employee may use leave for the birth of a son or
daughter of the employee and in order to care for such son or
daughter during such recovery period. In the case of the
employee who is not the birth-giving parent, such leave is
available only to the extent the employee is providing care to
the birth-giving parent. In these circumstances, an employee
may not use paid leave, provided pursuant to subparagraph (B),
that is described in paragraphs (C) or (D) section 102(a)(1) of
the Family and Medical Leave Act of 1993. ``(B) OTHER PAID
FAMILY AND MEDICAL LEAVE.--The Administrator shall implement a
paid leave benefit for employees of the Administration that
provides paid family and medical leave described in each of
subparagraphs (C), (D), and (E) of section 102(a)(1) of the
Family and Medical Leave Act of 1993. Such paid leave benefit
shall be in addition to any other paid leave provided to
employees.''. (b) TSA.--Section 111(d)(B) of the Aviation and
Transportation Security Act is amended by adding after the
period at the end the following: ``The provisions of paragraph
(5)(A)(ii) and paragraph (5)(B) of section 40122(g) of title
49, United States Code, shall apply to any individual appointed
under paragraph (1).''. (c) APPLICATION.--Subparagraph (A)(ii)
and subparagraph (B) of such section 40122(g)(5) (as added by
subsection (a) of this section), and the amendment to
subparagraph (B) of section 111(d) of the Aviation and
Transportation Security Act under subsection (b) of this
section, shall apply with respect to any event for which family
and medical leave may be taken under any of such subparagraphs
occurring on or after the date that is 6 months after the date
of enactment of this Act.; was NOT AGREED TO by a recorded vote
of 28 yeas and 37 nays (Roll Call No. 022).
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 205) (ANS 67); At the end
of title VIII, add the following: SEC.__. AIRSPACE
CLEARINGHOUSE ENHANCEMENT. (a) STRUCTURES INTERFERING WITH AIR
COMMERCE OR NATIONAL SECURITY.--Section 44718 of title 49,
United States Code, is further amended--(1) in subsection (a),
by inserting ``on a publicly available website'' after ``public
notice''; (2) by redesignating subsection (h) as subsection (I;
and (3) 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,
shall establish a process to evaluate the accuracy of a
disclosure made under paragraph (1) and determine whether a
person has knowingly 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 (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. ``(3) DEFINITIONS.--In this subsection:
``(A) ENERGY PROJECT.--The term `energy project' has the
meaning given such term in section 183a(h) of title 10. ``(B)
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).''. (b) REVIEW OF
PROPOSED ACTIONS.--Section 183a(c)(3) of title 10, United
States Code, is amended by inserting ``The Clearinghouse shall
ensure that a governor has at least 120 days after the date on
which the governor receives the notice of presumed risk to
provide any such comments and shall provide detailed
information and other information necessary to ensure that the
governor can fully understand the nature of the presumed
risk.'' after the first sentence.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Perry (Perry 201) (ANS 68); TITLE X--
ATC CORPORATION; was NOT AGREED TO by voice vote.
En Bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3935 offered by Mr. Graves of Missouri
(Graves MO 016) (ANS 69 En Bloc); Page 199, line 10, insert
``and may not duplicate the objectives of the Air Carrier
Training Aviation Rulemaking Committee'' before the period at
the end. Strike section 547 and insert the following: 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 non-compliant 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 relive a
type certificate holder from addressing all noncompliant
conditions under paragraph (1).''. Strike section 744. Strike
section 845 and insert the following: SEC. 845. CREWMEMBER
PUMPING GUIDANCE. (a) IN GENERAL.--Not later than 180 days
after the date of enactment of this Act, the Administrator
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. (Norton 056) (ANS 69 En Bloc); Page 451, line 10, strike
``18'' and insert ``12''. Page 451, line 15, insert ``, and
training required for flight crew'' after ``medical kits'''.
Page 451, line 18, insert ``(including the costs of flight
diversions and emergency landings)'' after ``costs'''. Page
451, strike lines 22 through 24 and insert the following: (2)
whether the contents of the emergency medical kits include the
appropriate medications and equipment that can practicably be
administered to address--Page 452, after line 5, insert the
following: (c) CONSULTATION.--In conducting the review required
under subsection (a), the Administrator shall consult with
associations representing aerospace medical professionals.
(Molinaro 052 Revised) (ANS 69 En Bloc); Page 574, strike line
23 and all that follows through page 575, line 2 and insert the
following: (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. Page 631, strike line 24. Page 632, strike
lines 11 through 17 and insert the following: (16) 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; Page 692, strike lines 11 through
13 and insert the following: (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; (Garamendi 065 Revised)
(ANS 69 En Bloc); At the end of title VIII, add the following:
SEC. 11. AIRCRAFT INTERCHANGE AGREEMENT LIMITATIONS. (a) IN
GENERAL.--Not later than 6 months after the date of enactment
of this section, the Administrator shall revise section part
121.569 of title 14, Code of Federal Regulations, to include
each of the provisions described in subsection (b). (b)
PROVISIONS DESCRIBED.--The provisions described in this
subsection are the following: (1) A 30-day limit on foreign
aircraft interchange agreements. (2) A minimum break between
foreign aircraft interchange renewals of 90 days. (3) A limit
of no more than 1 foreign aircraft interchange agreement
between 2 airlines. (4) A limit of no more than 2 foreign
aircraft on the interchange agreement.; (Edwards 012 Revised)
(ANS 69 En Bloc); Page 280, after line 21, insert the
following: (d) REPORT.--The Comptroller General of the United
States shall issue a report on the Airports Office of the
Federal Aviation Administration and the Airport Improvement
Program 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 the Infrastructure Investment and Jobs
Act (117-58) and other Federal administrative funding sources
on the ability of such States to disburse and administer
Airport Improvement Program funds.; (Ezell 007) (ANS 69 En
Bloc); At the end of title VIII of the bill, add the following:
SEC. 834. 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.; (Molinaro 051 Revised) (ANS 69 En
Bloc); Page 574, strike line 23 and all that follows through
page 575, line 2 and insert the following: (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. Page 631, strike
line 24. Page 632, strike lines 11 through 17 and insert the
following: (16) 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; Page 692, strike lines 11 through 13 and insert the
following: (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; (Molinaro 053) (ANS 69 En Bloc); At
the end of title VII, add the following: SEC.__. SPECIAL RULE
FOR RECLASSIFICATION OF CERTAIN UNCLASSIFIED AIRPORTS. (a)
REQUEST FOR RECLASSIFICATION.--(1) IN GENERAL.--Not later than
September 30, 2024, a privately owned reliever airport (as
defined in section 47102 of title 49, United States Code) that
is identified as unclassified in the National Plan of
Integrated Airport Systems, 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), the privately owned reliever
airport shall include the following information: (A) A sworn
statement and accompanying documentation that demonstrates how
the airport would satisfy the requirements of 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 of Transportation 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 of Transportation--
(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 of
Transportation 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) fiscal year 2025 for any request granted under
subsection (c)(1); and (2) fiscal year 2026 for any request
granted after the submission of a corrective action plan under
subsection (c)(2).; (Gooden TX 036) (ANS 69 En Bloc); At the
end of title VIII, add the following: SEC. 811. FEDERAL
AVIATION ADMINISTRATION ACADEMY AND FACILITY EXPANSION PLAN.
(a) PLAN.--(1) IN GENERAL.--No later than 90 days after the
date of enactment of this section, the Administrator shall
initiate the development of a plan to--(A) expand overall FAA
capacity relating to facilities, instruction, equipment, and
training resources to grow the number of developmental air
traffic controllers enrolled per fiscal year and support
increases in FAA air controller staffing to advance the safety
of the national airspace system; and (B) establish a second FAA
Academy. (2) CONSIDERATIONS.--In developing the plan under
paragraph (1), the Administrator shall con17 sider--(A) the
resources needed to support an increase in the total number of
developmental air traffic controllers enrolled at the FAA
Academies; (B) the resources needed to lessen FAA Academy
attrition per fiscal year; (C) how to modernize the education
and training of developmental air traffic controllers,
including through the use of new techniques and technologies to
support instruction, and whether field training can be
administered more flexibly, such as at other FAA locations
across the country; (D) the equipment needed to support
expanded instruction, including air traffic control simulation
systems, virtual reality, and other virtual training platforms;
(E) projected staffing needs associated with FAA Academy
expansion and the operation of virtual education platforms,
including the number of on-the-job instructors needed to
educate and train additional developmental air traffic
controllers; (F) the use of existing FAA-owned facilities and
classroom space and identifying potential opportunities for new
construction; (G) the costs of--(i) expanding FAA capacity (as
described in paragraph (1)(A)); and (ii) establishing a second
FAA Academy (as described in paragraph (1)(B)); (H) soliciting
input from, and coordinating with, relevant stakeholders as
appropriate, including the exclusive bargaining representative
of air traffic control specialists of the FAA certified under
section 7111 of title 5, United States Code; and (I) other
logistical and financial considerations as determined by
appropriate the Administrator. (b) REPORT.--Not later than one
year after the date of enactment of this section, the
Administrator shall submit to the appropriate committees of
Congress the plan developed under subsection (a). (c)
BRIEFING.--Not later than 180 days after the submission of the
plan under subsection (b), the Administrator shall brief the
appropriate committees of Congress on the plan, including the
implementation of the plan.; (Johnson SD 033) (ANS 69 En Bloc);
Page 679, strike lines 17 through 20 and insert the following:
(3) 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)''.; (Stauber 017) (ANS 69 En
Bloc); Page 679, line 16, strike ``not greater than''.;
(Stauber 018) (ANS 69 En Bloc); Page 640, strike line 3 and all
that follows through page 643, line 3 and insert the following:
(d) FEASIBILITY OF IN CABIN WHEELCHAIR RESTRAINT SYSTEMS.--(1)
ROADMAP.--Not later than 1 year after the date of enactment of
this section, the Secretary shall submit to the appropriate
committees of Congress a publicly available strategic roadmap
that describes how the Department of Transportation and the
United States Access Board, respectively, shall, in accordance
with the recommendations from the National Academies of
Science, Engineering, and Mathematics Transportation Research
Board Special Report 341--(A) establish a program of research,
in collaboration with the Rehabilitation Engineering and
Assistive Technology Society of North America (RESNA), the
assistive technology industry, air carriers, original equipment
manufacturers, national disability and disabled veterans
organizations, and any other relevant stakeholders, to test and
evaluate an appropriate selection of WC19-compliant wheelchairs
and accessories in accordance with applicable FAA
crashworthiness and safety performance criteria, including the
issues and considerations set forth in Special Report 341; and
(B) sponsor studies that assess issues and considerations,
including those set forth in Special Report 341, such as--(i)
the likely demand for air travel by individuals who are
nonambulatory if such individuals could remain seated in their
personal wheelchairs in flight; and (ii) the feasibility of
implementing seating arrangements that would accommodate
passengers in wheelchairs in the main cabin in flight. (2)
STUDY.--If determined to be technically feasible by the
Secretary, not later than 2 years after making such
determination, the Secretary shall commence a study to assess
the economic and financial feasibility of air carriers and
foreign air carriers implementing seating arrangements that
accommodate passengers with wheelchairs (including power
wheelchairs, manual wheelchairs, and scooters) in the main
cabin during flight. Such study shall include an assessment
of--(A) the cost of such seating arrangements, equipment, and
installation; (B) the demand for such seating arrangements; (C)
the impact of such seating arrangements on passenger seating
and safety on aircraft; (D) the impact of such seating
arrangements on the cost of operations and airfare; and (E) any
other information determined appropriate by the Secretary. (3)
REPORT.--Not later than 1 year after the date on which the
study under paragraph (2) is completed, the Secretary shall
submit to the appropriate committees of Congress a publicly
available report describing the results of the study conducted
under paragraph (2), together with any recommendations the
Secretary determines appropriate.; (Auchincloss 017) (ANS 69 En
Bloc); At the end of title VIII of the bill, add the following:
SEC. 834. RULE OF CONSTRUCTION. 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.;
(Titus 057) (ANS 69 En Bloc); At the end of subtitle A of title
VII, add the following: SEC. 7_. IMPROVED TRAINING STANDARDS
FOR ASSISTING PASSENGERS WHO USE WHEELCHAIRS. (a) RULEMAKING.--
Not later than 6 months after the date of enactment of this
section, the Secretary 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
wheelchair users 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
the each of following skills in hands-on training sessions
before being allowed to board or deplane a passenger using an
aisle chair or other boarding device: (A) How to safely use the
aisle chair, or other boarding device, including the use of all
straps, brakes, and other safety features. (B) How to assist in
the transfer of passengers to and from their wheelchair, the
aisle chair, and the aircraft's passenger seat, either by
physically lifting the passenger or deploying a mechanical
device for the lift or transfer. (C) How to effectively
communicate with, and take instruction from, the passenger. (c)
CONSIDERATIONS.--In conducting the rulemaking under subsection
(a), the Secretary shall consider, at a minimum--(1) whether to
require air carriers and foreign air carriers to partner with
national disability organizations and disabled veterans
organizations representing individuals with disabilities who
use wheelchairs and scooters in 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 section, the Secretary shall issue a final
rule pursuant to the rulemaking conducted under this section.
(e) PENALTIES.--The Secretary may assess a civil penalty in
accordance with section 46301 of title 49, United States Code,
to any air carrier or foreign air carrier who fails to meet the
requirements established under the final rule under subsection
(d). SEC. 7_. TRAINING STANDARDS FOR STOWAGE OF WHEELCHAIRS AND
SCOOTERS. (a) RULEMAKING.--Not later than 6 months after the
date of enactment of this section, the Secretary shall issue a
notice of proposed rulemaking to develop minimum training
standards related to stowage of wheelchairs and scooters on
aircraft. (b) REQUIREMENTS.--The training standards developed
under subsection (a) shall require, at a minimum, that airline
personnel or contractors who stow wheelchairs and scooters on
aircraft--(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 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
assistive device manufacturer. (C) How to properly load,
secure, and unload wheelchairs and scooters, including how to
use any specialized equipment for loading or unloading, on each
aircraft type operated by the air carrier or foreign air
carrier. (c) CONSIDERATIONS.--In conducting the rulemaking
under subsection (a), the Secretary shall consider, at a
minimum whether to require air carriers and foreign air
carriers to partner with wheelchair manufacturers, national
disability and disabled veterans organizations resenting
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
section, the Secretary shall issue a final rule pursuant to the
rulemaking conducted under this section. (e) PENALTIES.--The
Secretary may assess a civil penalty in accordance with section
46301 of title 49, United States Code, to any air carrier or
foreign air carrier who fails to meet the requirements
established under the final rule under subsection (d). SEC.
711. 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.''.''. At the end of subtitle B of title VII, insert
the following: SEC. 754. 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 section, 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 deign for and transportation of, and
communication with, individuals with disabilities, including
individuals who use wheelchairs. (B) NOTICE OF PROPOSED RULE
MAKING.--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 in subsection (a), 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 section, the Secretary shall
issue a notice of proposed rulemaking in accordance with the
November 22, 2016 Resolution of the U.S. Department of
Transportation ACCESS Committee's and the consensus
recommendation set forth in 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 735(d)(3), and if that report finds
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, the Secretary shall conduct a negotiated rulemaking on
new type certificated aircraft standards for seating
arrangements that accommodate passengers with wheelchairs
(including power wheelchairs, manual wheelchairs, and scooters)
in the main cabin during flight or an accessible route to a
minimum of 2 aircraft passenger seats for passengers to access
from their personal assistive devices. (B) REQUIREMENT.--The
negotiated rulemaking 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 by
paragraph (1), the Secretary shall issue a notice of proposed
rulemaking regarding the standards 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 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 FAA 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) (as amended by section 731)
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 (commonly known as the ``Air
Carrier Access Act''), 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.; was AGREED TO
by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Ryan (Ryan 017) (ANS 70); Strike
section 829 and insert the following: SEC._. CREW TRAINING.
Section 44918(a) of title 49, United States Code, is amended--
(1) in paragraph (1), by inserting ``and unruly passenger
behavior'' before the period at the end; (2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the following:
``(A) Recognize suspicious behavior and activities and
determine the seriousness of any occurrence.''; (B) in
subparagraph (D), by inserting ``, including training to defend
against the use of edged or contact weapons'' before the period
at the end; (C) by striking subparagraph (H) and inserting the
following: ``(H) De-escalation training based on
recommendations issued by the Air Carrier Training Aviation
Rulemaking Committee.''; (D) by redesignating subparagraphs (I)
and (J) as subparagraphs (J) and (K), respectively; and (E) by
inserting after subparagraph (H) the following: ``(I) Methods
to subdue and restrain an active attacker.''; (3) by striking
paragraph (4) and inserting the following: ``(4) MINIMUM
STANDARDS.--Not later than 180 days after the date of enactment
of the FAA Reauthorization Act of 2023, the Administrator of
the Transportation Security Administration, in consultation
with the Federal Air Marshal Service and the Aviation Security
Advisory Committee, shall establish minimum standards for--
``(A) the training provided under this subsection and for
recurrent training; and ``(B) the individuals or entities
providing such training.''; (4) in paragraph (6)--(A) in the
first sentence--(i) by inserting ``and the Federal Air Marshal
Service'' after ``consultation with the Administrator''; (ii)
by striking ``and periodically shall'' and inserting ``and
shall periodically''; and (iii) by inserting ``based on changes
in the potential or actual threat conditions'' before the
period at the end; and (B) in the second sentence, by inserting
``, including self-defense training expertise and experience''
before the period at the end; and (5) by adding at the end the
following: ``(8) AIR CARRIER ACCOMMODATION.--An air carrier
with a crew member participating in the training program under
this subsection shall provide a process through which each such
crew member may obtain reasonable accommodations.''.; was NOT
AGREED TO by voice vote.
En Bloc amendment to the Amendment in the Nature of a
Substitute to H.R. 3935 offered by Mr. LaMalfa 032 (LaMalfa
032) (ANS 71 En Bloc); At the end of title VIII, add the
following: SEC. 11. WILDFIRE SUPPRESSION. (a) IN GENERAL.--To
ensure that sufficient firefighting resources are available to
suppress wildfires and6 protect public safety and property, and
notwithstanding any other provision of law or agency
regulation, not later than 18 months after the date of
enactment of this section, the Administrator of the Federal
Aviation Administration shall promulgate an interim final rule
under which--(1) an operation described in section 21.25(b)(7)
of title 14, Code of Federal Regulations, shall allow for the
transport of firefighters to and from the site of a wildfire to
perform ground wildfire suppression and designate the
firefighters conducting such an operation as essential
crewmembers on board a covered aircraft operated on a mission
to suppress wildfire; (2) the aircraft maintenance,
inspections, and pilot training requirements under part 135 of
such title 14 may apply to such an operation, if determined by
the Administrator to be necessary to maintain the safety of
firefighters carrying out wildfire suppression missions; and
(3) the noise standards described in part 36 of such title 14
shall not apply to such an operation. (b) SURPLUS MILITARY
AIRCRAFT.--In promulgating any rule under subsection (a), the
Administrator shall not enable any aircraft of a type that has
been manufactured in accordance with the requirements of and
accepted for use by, any branch of the United States Military
and has been later modified to be used for wildfire suppression
operations. (c) CONFORMING AMENDMENTS TO FAA DOCUMENTS.--In
promulgating an interim final rule under sub16 section (a), the
Administrator shall amend FAA Order 8110.56, Restricted
Category Type Certification (dated February 27, 2006), as well
as any corresponding policy or guidance material, to reflect
the requirements of subsection (a). (d) SAVINGS PROVISION.--
Nothing in this section shall be construed to limit the
Administrator's authority to take action otherwise authorized
by law to protect aviation safety or passenger safety. (e)
DEFINITIONS.--In this section: (1) COVERED AIRCRAFT.--The term
``covered aircraft'' means an aircraft type-certificated in the
restricted category under section 21.25 of title 14, Code of
Federal Regulations, used for transporting firefighters to and
from the site of a wildfire in order to perform ground wildfire
suppression for the purpose of extinguishing a wildfire on
behalf of, or pursuant to a contract with, a Federal, State, or
local government agency. (2) FIREFIGHTERS.--The term
``firefighters'' means a trained fire suppression professional
the transport of whom is necessary to accomplish a wildfire
suppression operation. (LaMalfa 033) (ANS 71 En Bloc); At the
end of title VIII, add the following: SEC.__. BANNING MUNICIPAL
AIRPORT. (a) FINDINGS.--Congress finds the following: (1) In
2016, the City of Banning commissioned an Airport Feasibility
Study to analyze the future of the Banning Municipal Airport.
The study found that--(A) the Banning Airport had a 71 percent
reduction in traffic from 2010 to 2015, drastically reducing
revenues and creating a financial burden for the city; (B) the
Banning Municipal Airport lacks the needed infrastructure,
amenities or superior location to successfully compete with
other airports for more business; and (C) the hangars available
at Banning Municipal Airport are lacking as compared to other
nearby airports. (2) The closure of Banning Municipal Airport's
operations is supported by the community and the Banning City
Council who voted in 2017 on a resolution ``declaring that it
shall be a goal of the city of Banning to close the Banning
Municipal Airport as soon as legally permitted.''. (3) The
closure of the airport would benefit the Morongo Band of
Mission Indians by removing aviation easements on lands held in
trust adjacent to the airport. (4) The repurposing of the land
for industrial use such as distribution, logistics, e-commerce
and light manufacturing will lead to job creation, sales tax
and demand for housing. (b) IN GENERAL.--The United States,
acting through the Administrator of the Federal Aviation
Administration, shall release the City of Banning, California,
from all restrictions, conditions, and limitations on the use,
encumbrance, conveyance, and closure of the Banning Municipal
Airport, as described in the most recent airport layout plan
approved by the Federal Aviation Administration, to the extent
such restrictions, conditions, and limitations are enforceable
by the Administrator. (c) CONDITIONS.--The release under
subsection (b) shall not be executed before the City of
Banning, California, or its designee, transfers to the
Department of Transportation of the State of California--(1)
the amounts described in subsection (d), to be used for FAA-
approved capital improvements within the meaning of airport
development (as defined in section 47102(3) of title 49, United
States Code) at other public use, general aviation airports
serving the region; and (2) for no consideration, all airport
and aviation-related equipment of the Banning Municipal Airport
owned by the City of Banning and determined by the FAA or
Department of Transportation of the State of California to be
salvageable for use at other airports. (d) AMOUNTS DESCRIBED.--
The amounts described in this subsection are the following: (1)
An amount equal to the fair market value for the highest and
best use of the Banning Municipal Airport property determined
in good faith by 2 independent and qualified real estate
appraisers and an independent review appraiser on or after the
date of the enactment of this Act. (2) An amount equal to the
unamortized portion of any Federal development grants other
than land paid to the City of Banning for use at the Banning
Municipal Airport, which may be paid with, and shall be an
allowable use of, airport revenue notwithstanding section 47107
or 47133 of title 49, United States Code. (3) An amount equal
to the airport revenues, along with accrued interest, remaining
in the airport account for the Banning Municipal Airport as of
the date of the enactment of this Act and otherwise due to or
received by the City of Banning after such date of enactment
pursuant to sections 47107(b) and 47133 of title 49, United
States Code. (e) RULE OF CONSTRUCTION.--Nothing in this section
shall be construed to limit the applicability of--(1) the
requirements and processes under section 46319 of title 49,
United States Code; (2) the requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (3)
the requirements and processes under part 157 of title 14, Code
of Federal Regulations; or (4) the public notice requirements
under section 47107(h)(2) of title 49, United States Code.;
(LaMalfa 034) (ANS 71 En Bloc); Page 342, line 23, insert ``The
Administrator may not determine extraordinary circumstances
exist under this subsection with respect to projects otherwise
covered by a categorical exclusion under subsections (a) or (b)
involving repair, replacement, or maintenance of grounds,
infrastructure, buildings, structures, or facilities which do
not substantially change the existing footprint of the grounds,
infrastructure, buildings, structures, or facilities.'' after
``such action.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Yakym (Yakym 025) (ANS 72); Page 520,
line 20, strike ``proposed requirements'' and insert ``proposed
risk-based requirements that align with the risk
recommendations described in Recommendation AG 2.1 of the UAS
Beyond Visual Line of Sight ARC Final Report published by the
Federal Aviation Administration or other proposed
requirements''. Page 529, line 2, insert ``, as described in
Recommendations AS 2.1 and 2.9 final report of the UAS Beyond
Visual Line of Sight Aviation Rulemaking Committee, which
require a manufacturer's declaration of compliance to a Federal
Aviation Administration accepted means of compliance and which
shall not require type or production certification or the
issuance of a special airworthiness certificate'' after
``aircraft''. Page 529, line 6, insert ``as described in
Recommendation OQ 2.2 of the UAS Beyond Visual Line of Sight
Aviation Rulemaking Committee'' after ``aircraft''.; was
WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Massie (Massie 028) (ANS 73); At the
end of subtitle B of title IV, add the following: SEC.__.
ELIMINATION OF PASSENGER FACILITY CHARGE CAPS. Section 40117(b)
of title 49, United States Code, is amended--(1) in paragraph
(1) by striking ``of $1, $2, or $3'' and inserting ``in any
amount''; (2) by striking paragraph (4); (3) by redesignating
paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6),
respectively; (4) in paragraph (5) (as so redesignated)--(A) by
striking ``specified in paragraphs (1) and (4)'' and inserting
``specified in paragraph (1)''; and (B) by striking ``imposed
under paragraph (1) or (4)'' and inserting ``imposed under
paragraph (1)''; and (5) in paragraph (6)(A) (as so
redesignated)--(A) by striking ``specified in paragraphs (1),
(4), and (6)'' and inserting ``specified in paragraphs (1) and
(5)''; and (B) by striking ``imposed under paragraph (1) or
(4)'' and inserting ``imposed under paragraph (1)''; and (6) by
adding at the end the following: ``(7) ELIGIBILITY FOR AIRPORT
IMPROVEMENT PROGRAM FUNDS.--Any eligible agency that imposes a
passenger facility charge that exceeds $4.50 shall not be
eligible to receive funds under subchapter I of chapter
471.''.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Westerman (Westerman 029) (ANS 74);
Page 85, line 24, strike ``the Civil Aviation Registry
website'' and insert ``Federal Aviation Administration
websites''. Page 85, line 25, strike ``ICAO AIRCRAFT'' and
insert ``MODE S''. Page 86, line 3, strike ``ICAO'' and insert
``Mode S''. Page 86, line 7, strike ``substantiate'' and insert
``attest to''. Page 86, Line 9, strike ``ICAO'' and insert
``Mode S''. Page 86, line 16, strike ``ICAO'' and insert ``Mode
S''. Page 87, after line 5, insert the following: ``(A) the
names of the aircraft owner or operator; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Mast (Mast 056) (ANS 75); At the end
of title VIII, add the following: SEC.__. COMPETITIVE ACCESS.
(a) IN GENERAL.--The Administrator of the Federal Aviation
Administration shall take such actions to ensure that an
airport submits to the Administrator a report in any case in
which such airport is unable to accommodate a request by any
entity providing ground transportation services to such airport
that is seeking access to such airport in order to provide or
expand such services. (b) CONTENTS.--The report required under
subsection (a) shall include-- (1) a summary of the request;
(2) an explanation why the request was denied by the airport;
and (3) a timeframe for when airport will be able to
accommodate the request, if applicable.; was NOT AGREED TO by
voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Mast (Mast 059) (ANS 76); At the end
of title VIII, add the following: SEC. 11. ECONOMIC NON
DISCRIMINATION. (a) IN GENERAL.--Each entity that provides
commercial ground transportation to users of an airport shall
be subject to the same rates, fees, rentals, and other charges
as are uniformly applicable to all other such users providing
such services (including entities controlled by the airport)
making the same or similar physical use of such airport and
using similar facilities. (b) ESSENTIAL NEXUS TO LEGITIMATE
PUBLIC PURPOSE.--All rates, fees, rentals and other charges
described in subsection (a) shall-- (1) have an essential nexus
to a legitimate public purpose; (2) be roughly proportionate to
the impact the physical use has on airport facilities; and (3)
be no greater than necessary to cover the costs of such impact
of the physical use. (c) BURDEN OF PROOF.--An airport shall
have the burden of proving the instituting rates, fees, rentals
and other charges described under subsection (a). (d)
NONDISCRIMINATORY AND SUBSTANTIALLY COMPARABLE RULES,
REGULATIONS, AND CONDITIONS.-- Each entity described in
subsection (a) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, and conditions and
provided equivalent access rights to the airport as are
applicable or provided to all such other entities which make
the same or similar physical use of such airport and use
similar facilities. (e) REASONABLE CLASSIFICATIONS.--An airport
shall be permitted to make reasonable classifications between
entities described in subsection (a), except any
classifications not rationally related to the safe operation of
the airport, such as those classifications based on presumed
benefits derived, degree of economic harm to the airport, or
anti-competitive motives. (f) REASONABLE JUSTIFICATION.--
Neither the rules, regulations and conditions applicable, or
the access rights provided to, an entity described in
subsection (a) shall prevent, restrict or distort such entity's
ability to compete with any other such entities, including
those entities controlled by the airport, without a reasonable
justification that benefits the public interest. (g)
CLASSIFICATION.--Classification or status as a specific type of
entity described in subsection (a) shall not be unreasonably
withheld by any airport provided a commercial ground
transportation user assumes obligations substantially similar
to those already imposed on other such entities in such
classification or status.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Payne (Payne 042) (ANS 77); Page 712,
after line 17, insert the following: (e) CONSULTATION.--The
Administrator may only issue a waiver under this section for
the operation of an aircraft in an area covered by a temporary
flight restriction after consulting with Federal and local law
enforcement officials to verify that such waiver would not risk
the safety and security of the public located in the area where
the temporary flight restriction is in place.; was WITHDRAWN.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. D'Esposito (D'Esposito 018) (ANS 78);
At the end of title VIII, add the following: SEC.__. HOUSING OF
UNDOCUMENTED MIGRANTS. The Administrator of the Federal
Aviation Administration may not authorize airport space to
house undocumented migrants.; was NOT AGREED TO by voice vote.
Amendment to the Amendment in the Nature of a Substitute to
H.R. 3935 offered by Mr. Garcia of Illinois (Garcia of IL 031)
(ANS); To require employers of airport service workers at
small, medium, and large hub airports to ensure that airport
service workers are paid the prevailing wage and provided
fringe benefits, and for other purposes. Be it enacted by the
Senate and House of Representatives of the United States of
America in Congress assembled, SECTION 1. SHORT TITLE. This Act
may be cited as the ``Good Jobs for Good Airports Act''. SEC.
2. FINDINGS; PURPOSES. (a) FINDINGS.--Congress finds the
following: (1) Safe and effective airport operations are
essential to national commerce and the general welfare. (2) A
well-trained, stable workforce at our Nation's airports is
critical to ensuring public safety and security, as well as the
health and safety of the public and protection from infectious
diseases. (3) The Federal Government has invested billions of
dollars in creating and maintaining our Nation's aviation
infrastructure, reflecting the national interest in maintaining
airports across the country. (4) Airport services are most
effective when the workforce providing those services is able
to earn a living wage and able to secure adequate health
benefit coverage. In fact, meeting the growing challenges of
operating airports securely and efficiently requires the
recruitment and retention of excellent staff in all of the
classifications of employees who work in airport services and
operations. (5) Effective management of airports and effective
airport security requires that workforce turnover be reduced
and that the workforce be highly trained and highly motivated.
(6) In connection with setting wage and bene25 fits standards
for those engaged in airport services, there is a need to
establish an orderly system that reconciles competing interests
without undue disruption. (b) PURPOSES.--The purposes of this
Act are--(1) to provide a mechanism for ensuring minimum wage
and benefits standards for individuals who work in airports;
and (2) to serve the best interests of the people of the United
States by stabilizing the workplace conditions of the labor
pool that supports our Nation's airport operations. SEC. 3.
AMENDMENTS TO TITLE 49 OF THE UNITED STATES CODE TO ENSURE
MINIMUM WAGE AND BENEFITS FOR COVERED SERVICE WORKERS. (a)
COVERED SERVICE WORKER DEFINITION.--Section 40102(a) of title
49, United States Code, is amended by adding at the end the
following: ``(48) `covered service worker'--``(A) means an
individual who furnishes services on the property or premises
of a small hub airport, medium hub airport, or large hub
airport, performing-- ``(i) functions that are related to the
air transportation of persons, property, or mail, including--
``(I) the loading or unloading of property on aircraft or a
building or facility on the airport property; ``(II) assistance
to passengers, including assistance under part 382 of title 14,
Code of Federal Regulations; ``(III) security; ``(IV) airport
ticketing or check-in functions; ``(V) ground-handling of
aircraft or related equipment (but not including mechanical
services, machinery maintenance, car service maintenance,
services at maintenance-related stores, fueling, de-icing, or
other mechanic related functions); ``(VI) aircraft cleaning and
sanitization functions or waste removal; ``(VII) cleaning
within an airport terminal or other building or facility on the
airport property; ``(VIII) transportation of employees or
individuals within the airport property; or ``(IX) ramp agent
functions; ``(ii) concessions services on the property of an
airport, including--``(I) food service, including food and
beverage service, wait service, busing, cooks, or cashiers;
``(II) retail service, including retail related to news or
gifts or duty free retail services; ``(III) cleaning for
concession services; ``(IV) security for concession services;
or ``(V) airport lounge services, including food, retail,
cleaning, or security services for or at an airport lounge;
``(iii) airline catering services (such as the preparation or
assembly of food, beverages, provisions, or related supplies
for delivery, and the delivery of such items, directly to
aircraft or to a location on or near airport property for
subsequent delivery to aircraft at the airport); or ``(iv) food
or beverage service, housekeeping, or hotel service at a hotel
located on airport property; ``(B) includes an individual
without regard to any contractual relationship alleged to exist
between the individual and a contractor or subcontractor; ``(C)
shall not include an individual to whom the exemption under
section 13(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)(1)) applies; and ``(D) shall not include an
employee of-- ``(i) a State, municipality, or other political
subdivision of a State or an authority created by an agreement
between 2 or more States; or ``(ii) the Transportation Security
Administration or a qualified private screening company
performing security screening of passengers pursuant to a
contract entered into with the Transportation Security
Administration. ``(49) `covered employer' means any person
engaged in commerce, or in any industry or activity affecting
commerce, who employs 1 or more covered service workers.''. (b)
AIR COMMERCE AND SAFETY.--(1) IN GENERAL.--Chapter 401 of title
49, United States Code, is amended by adding at the end the
following new section: ``Sec. 40131. Labor standards for
certain airport service jobs. ``(a) REQUIREMENT.--Any covered
employer providing services at or for a small, medium, or large
hub airport shall ensure that all covered service workers,
including those subject to a collective bargaining agreement,
employed by the covered employer at such airport are paid a
wage and fringe benefits that are-- ``(1) with respect to such
wage, not less than the higher of--``(A) $15.00 per hour; ``(B)
the minimum hourly wage for the appropriate locality and
classification as determined in accordance with chapter 67 of
title 41, United States Code (commonly known as the `Service
Contract Act'), by the Secretary of Labor under subsection
(c)(1)(A), adjusted annually to reflect any changes made by
such Secretary in such determinations; ``(C) the minimum hourly
wage required under any Federal regulation, policy, or
directive issued by the President pursuant to subtitle I of
title 40, United States Code, for workers employed in the
performance of any Federal contract for the procurement of
services; or ``(D) the minimum hourly wage required under an
applicable State or local minimum wage law (including a
regulation) or policy, including the policy of a political
subdivision of a State or an authority created by a compact
between 2 or more States or 1 or more States and the District
of Columbia, that applies to covered service workers; and ``(2)
with respect to such fringe benefits, not less than the greater
of--``(A) the minimum fringe benefits for the appropriate
locality and classification as determined in accordance with
chapter 67 of title 41, United States Code (commonly known as
the `Service Contract Act'), by the Secretary of Labor under
subsection (c)(1)(A), adjusted annually to reflect any changes
made by such Secretary in such determinations; or ``(B) the
minimum fringe benefits required under an applicable State or
local law (including a regulation) or policy, including the
policy of a political subdivision of a State or an authority
created by a compact between 2 or more States or 1 or more
States and the District of Columbia, that applies to covered
service workers. ``(b) CERTIFICATION REQUIREMENT FOR COVERED
EMPLOYERS.-- ``(1) IN GENERAL.--A covered employer shall
certify, under penalty of perjury, in a manner determined by
the Secretary of Transportation, on a monthly basis that all
covered service workers, including those subject to a
collective bargaining agreement, employed by the covered
employer are provided wage and fringe benefits that comply with
the requirements described in paragraphs (1) and (2) of
subsection (a). ``(2) FAILURE TO SUBMIT CERTIFICATION.--The
failure to submit a certification under paragraph (1) shall
constitute a violation of this section. ``(3) FALSE
CERTIFICATION.--The submission of a false certification under
paragraph (1) shall constitute a violation of this section.
``(c) CLASSIFICATIONS AND WAGE DETERMINATIONS.-- ``(1) IN
GENERAL.--The Secretary of Labor shall--``(A) not later than
120 days after the date of enactment of this section and in
accordance with paragraph (2), issue a wage determination with
minimum hourly wage and fringe benefits in accordance with the
methodology used by the Secretary of Labor under chapter 67 of
title 41, United States Code (commonly known as the `Service
Contract Act'), appropriate for each class of covered service
worker for purposes of paragraphs (1)(B) and (2)(A) of
subsection (a); and ``(B) not later than 120 days after the
date of enactment of this section and annually thereafter,
provide to the Secretary of Transportation the applicable
minimum hourly wage and fringe benefits required for purposes
of subsection (a) with respect to each such class of covered
service worker. ``(2) NEW OCCUPATIONAL CATEGORIES.--In issuing
the wage determinations under paragraph (1)(A), the Secretary
of Labor--``(A) shall ensure that each class of covered service
worker is classified appropriately in a category of occupation
of a type covered under chapter 67 of title 41, United States
Code; and ``(B) to the extent needed to carry out subparagraph
(A), may establish 1 or more new categories of occupation of a
type covered under chapter 67 of title 41, United States Code,
to ensure that all classes of covered service workers have an
appropriate determination of minimum hourly wage and fringe
benefits. ``(d) RULEMAKING AUTHORITY.--The Secretary of Labor
and the Secretary of Transportation may prescribe regulations
to implement this section, provided that such regulations
prescribed by the Secretary of Transportation shall be
consistent with such regulations prescribed by the Secretary of
Labor. ``(e) ENFORCEMENT.--``(1) WAGE AND BENEFIT
ENFORCEMENT.--The Secretary of Labor shall have the authority
to enforce the wage and fringe benefit requirements for covered
service workers described in paragraphs (1) and (2) of
subsection (a), including the authority to issue orders,
conduct investigations, examine the records of covered
employers, hold hearings, make decisions based on findings of
fact, and take other appropriate action pursuant to the
authority of the Secretary of Labor under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.). ``(2)
CERTIFICATION ENFORCEMENT.--``(A) IN GENERAL.--The Secretary of
Transportation shall have the authority to enforce the
certification requirement described in subsection (b),
including the authority to issue orders, conduct
investigations, examine the records of covered employers, hold
hearings, make decisions based on findings of fact, and take
other appropriate action pursuant to the 15 Secretary of
Transportation's authority. ``(B) CONSIDERATIONS.--In
determining whether a covered employer submitted a false
certification under subsection (b), the Secretary of
Transportation shall consider as evidence any findings of fact
made by the Secretary of Labor regarding a covered employer's
failure to comply with the wage and fringe benefit requirements
described in paragraphs (1) and (2) of subsection (a). ``(f)
NON PREEMPTION OF STATE OR LOCAL LAWS.--Nothing in this section
shall preempt any State or local law (including a regulation)
or policy that requires a higher minimum wage or otherwise
requires greater benefits or protections for covered service
workers than the requirements of this section. ``(g) REPORT TO
CONGRESS.--Not later than 1 year after the date of enactment of
the Good Jobs for Good Airports Act, and annually thereafter,
the Secretary of Transportation shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on their efforts to implement such
Act, as well as an assessment of the efforts of covered
employers to come into compliance with the requirements of such
Act. ``(h) PUBLICATION OF DATA.--The Secretary of
Transportation shall publish complaint data relating to covered
service workers in a manner comparable to other aviation
consumer complaint data.''. (2) CLERICAL AMENDMENT.--The
analysis for chapter 401 of title 49, United States Code, is
amended by inserting after the item relating to section 40130
the following: ``40131. Labor standards for certain airport
service jobs.''. (c) PENALTIES.--Section 46301 of title 49,
United States Code, is amended-- (1) in subsection (a), by
adding at the end the following new paragraph: ``(8) PENALTIES
RELATING TO LABOR STANDARDS FOR CERTAIN AIRPORT SERVICE JOBS.
Notwithstanding paragraph (1), the maximum civil penalty for a
violation of section 40131 shall be an amount not to exceed 3
times the amount of a civil penalty as described in paragraph
(1).''; and (2) in subsection (c)(1)(A), by striking ``or
section 44909 of this title'' and inserting ``section 44909, or
section 40131 of this title.''. (d) INVESTIGATIONS AND
PROCEEDINGS.--(1) IN GENERAL.--Chapter 461 of title 49, United
States Code, is amended by adding at the end the following new
section: ``Sec. 46112. Enforcement of labor standards for
certain airport service jobs by interested persons ``An
interested person may bring a civil action in a district court
of the United States against a person to enforce section 40131.
The action may be brought in the judicial district in which the
defendant does business or the violation occurred.''. (2)
CLERICAL AMENDMENT.--The analysis for chapter 461 of title 49,
United States Code, is amended by inserting after the item
relating to section 46111 the following: ``46112. Enforcement
of labor standards for certain airport service jobs by
interested persons.''. SEC. 4. MINIMUM WAGE AND FRINGE BENEFITS
FOR COVERED SERVICE WORKERS UNDER THE FAIR LABOR STANDARDS ACT
OF 1938. Section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206) is amended by adding at the end the following:
``(h) COVERED SERVICE WORKERS PERFORMING SERVICES FOR SMALL,
MEDIUM, AND LARGE HUB AIRPORTS.--``(1) IN GENERAL.--In lieu of
the rate prescribed by subsection (a)(1), an employer shall pay
each employee employed as a covered service worker (as defined
in section 40102(a) of title 49, United States Code), providing
services at or for a small hub airport, medium hub airport, or
large hub airport (as those terms are defined in such section),
who in any workweek is engaged in commerce or in the production
of goods for commerce, or is employed in an enterprise engaged
in commerce or in the production of goods for commerce, a
minimum wage and fringe benefits as provided under section
40131(a) of title 49, United States Code. ``(2) ADMINISTRATION
AND ENFORCEMENT OF FRINGE BENEFITS.--For purposes of
administration and enforcement of any unpaid fringe benefits
required under paragraph (1), the fair market value amount of
any such fringe benefits shall be deemed unpaid minimum wages
under this Act.''.; was WITHDRAWN.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
Committee on Transportation and Infrastructure Roll Call Vote No. 018
On: agreeing to Amendment Nehls 37 Revised--#ANS 14 offered
by Mr. Nehls
Agreed to: 32 yeas and 31 nays
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................ Yea Mr. Larsen of WA.................. Nay
Mr. Crawford.................................... Yea Ms. Norton........................ Nay
Mr. Webster of FL............................... Yea Mrs. Napolitano................... Nay
Mr. Massie...................................... Yea Mr. Cohen......................... Nay
Mr. Perry....................................... Yea Mr. Garamendi..................... Nay
Mr. Babin....................................... Yea Mr. Johnson of GA................. Nay
Mr. Graves of LA................................ Yea Mr. Carson........................ Nay
Mr. Rouzer...................................... Yea Ms. Titus......................... Nay
Mr. Bost........................................ Yea Mr. Huffman....................... Nay
Mr. LaMalfa..................................... Yea Ms. Brownley...................... Nay
Mr. Westerman................................... Yea Ms. Wilson of FL.................. Nay
Mr. Mast........................................ Yea Mr. Payne......................... Nay
Mrs. Gonzalez-Colon............................. Yea Mr. DeSaulnier.................... Nay
Mr. Stauber..................................... ............ Mr. Carbajal...................... Nay
Mr. Burchett.................................... Yea Mr. Stanton....................... Nay
Mr. Johnson of SD............................... Yea Mr. Allred........................ Nay
Mr. Van Drew.................................... Yea Ms. Davids of KS.................. Nay
Mr. Nehls....................................... Yea Mr. Garcia of IL.................. Nay
Mr. Gooden of TX................................ Yea Mr. Pappas........................ Nay
Mr. Mann........................................ Yea Mr. Moulton....................... Nay
Mr. Owens....................................... Yea Mr. Auchincloss................... Nay
Mr. Yakym....................................... Yea Ms. Strickland.................... Nay
Mrs. Chavez-DeRemer............................. Yea Mr. Carter of LA.................. Nay
Mr. Edwards..................................... Yea Mr. Ryan.......................... Nay
Mr. Kean of NJ.................................. Yea Mrs. Peltola...................... Nay
Mr. D'Esposito.................................. ............ Mr. Menendez...................... Nay
Mr. Burlison.................................... Yea Ms. Hoyle of OR................... Nay
Mr. James....................................... Yea Mrs. Sykes........................ Nay
Mr. Van Orden................................... Yea Ms. Scholten...................... Nay
Mr. Williams of NY.............................. Yea Mrs. Foushee...................... Nay
Mr. Molinaro.................................... Nay
Mr. Collins..................................... Yea
Mr. Ezell....................................... Yea
Mr. Duarte...................................... Yea
Mr. Bean of FL.................................. Yea
----------------------------------------------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote No. 019
On: agreeing to Amendment Collins 009--#ANS 26 offered by
Mr. Collins
Agreed to: 36 yeas and 28 nays
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................ Nay Mr. Larsen of WA.................. Nay
Mr. Crawford.................................... Yea Ms. Norton........................ Nay
Mr. Webster of FL............................... Yea Mrs. Napolitano................... Nay
Mr. Massie...................................... Yea Mr. Cohen......................... Nay
Mr. Perry....................................... Yea Mr. Garamendi..................... Nay
Mr. Babin....................................... Yea Mr. Johnson of GA................. Nay
Mr. Graves of LA................................ Nay Mr. Carson........................ Nay
Mr. Rouzer...................................... Yea Ms. Titus......................... Nay
Mr. Bost........................................ Yea Mr. Huffman....................... Nay
Mr. LaMalfa..................................... Yea Ms. Brownley...................... Nay
Mr. Westerman................................... Yea Ms. Wilson of FL.................. Nay
Mr. Mast........................................ Yea Mr. Payne......................... Nay
Mrs. Gonzalez-Colon............................. Yea Mr. DeSaulnier.................... Nay
Mr. Stauber..................................... Yea Mr. Carbajal...................... Nay
Mr. Burchett.................................... Yea Mr. Stanton....................... Nay
Mr. Johnson of SD............................... Yea Mr. Allred........................ Yea
Mr. Van Drew.................................... Yea Ms. Davids of KS.................. Nay
Mr. Nehls....................................... Yea Mr. Garcia of IL.................. Nay
Mr. Gooden of TX................................ Yea Mr. Pappas........................ Nay
Mr. Mann........................................ Yea Mr. Moulton....................... Yea
Mr. Owens....................................... Yea Mr. Auchincloss................... Yea
Mr. Yakym....................................... Yea Ms. Strickland.................... Nay
Mrs. Chavez-DeRemer............................. Yea Mr. Carter of LA.................. Nay
Mr. Edwards..................................... Yea Mr. Ryan.......................... Nay
Mr. Kean of NJ.................................. Yea Mrs. Peltola...................... Nay
Mr. D'Esposito.................................. ............ Mr. Menendez...................... Nay
Mr. Burlison.................................... Yea Ms. Hoyle of OR................... Nay
Mr. James....................................... Yea Mrs. Sykes........................ Yea
Mr. Van Orden................................... Yea Ms. Scholten...................... Nay
Mr. Williams of NY.............................. Yea Mrs. Foushee...................... Nay
Mr. Molinaro.................................... Yea
Mr. Collins..................................... Yea
Mr. Ezell....................................... Yea
Mr. Duarte...................................... Yea
Mr. Bean of FL.................................. Yea
----------------------------------------------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote No. 020
On: agreeing to Amendment Perry 202--#ANS 32 offered by Mr.
Perry
Not Agreed to: 22 yeas and 42 nays
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO............................... Nay Mr. Larsen of WA.................. Nay
Mr. Crawford.................................... Yea Ms. Norton........................ Nay
Mr. Webster of FL............................... Yea Mrs. Napolitano................... Nay
Mr. Massie...................................... Yea Mr. Cohen......................... Nay
Mr. Perry....................................... Yea Mr. Garamendi..................... Nay
Mr. Babin....................................... Yea Mr. Johnson of GA................. Nay
Mr. Graves of LA................................ Nay Mr. Carson........................ Nay
Mr. Rouzer...................................... Yea Ms. Titus......................... Nay
Mr. Bost........................................ Nay Mr. Huffman....................... Nay
Mr. LaMalfa..................................... Yea Ms. Brownley...................... Nay
Mr. Westerman................................... Yea Ms. Wilson of FL.................. Nay
Mr. Mast........................................ Yea Mr. Payne......................... Nay
Mrs. Gonzalez-Colon............................. Nay Mr. DeSaulnier.................... Nay
Mr. Stauber..................................... Nay Mr. Carbajal...................... Nay
Mr. Burchett.................................... Yea Mr. Stanton....................... Nay
Mr. Johnson of SD............................... Yea Mr. Allred........................ Nay
Mr. Van Drew.................................... Nay Ms. Davids of KS.................. Nay
Mr. Nehls....................................... Yea Mr. Garcia of IL.................. Nay
Mr. Gooden of TX................................ Yea Mr. Pappas........................ Nay
Mr. Mann........................................ Yea Mr. Moulton....................... Nay
Mr. Owens....................................... Yea Mr. Auchincloss................... Nay
Mr. Yakym....................................... Yea Ms. Strickland.................... Nay
Mrs. Chavez-DeRemer............................. Nay Mr. Carter of LA.................. Nay
Mr. Edwards..................................... Yea Mr. Ryan.......................... Nay
Mr. Kean of NJ.................................. Nay Mrs. Peltola...................... Nay
Mr. D'Esposito.................................. ............ Mr. Menendez...................... Nay
Mr. Burlison.................................... Yea Ms. Hoyle of OR................... Nay
Mr. James....................................... Nay Mrs. Sykes........................ Nay
Mr. Van Orden................................... Nay Ms. Scholten...................... Nay
Mr. Williams of NY.............................. Nay Mrs. Foushee...................... Nay
Mr. Molinaro.................................... Nay
Mr. Collins..................................... Yea
Mr. Ezell....................................... Yea
Mr. Duarte...................................... Yea
Mr. Bean of FL.................................. Yea
----------------------------------------------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote No. 021
On: agreeing to Amendment Perry 218--#ANS 59 offered by Mr.
Perry
Agreed to: 33 yeas and 32 nays
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................ Nay Mr. Larsen of WA.................. Nay
Mr. Crawford.................................... Yea Ms. Norton........................ Nay
Mr. Webster of FL............................... Yea Mrs. Napolitano................... Nay
Mr. Massie...................................... Yea Mr. Cohen......................... Nay
Mr. Perry....................................... Yea Mr. Garamendi..................... Nay
Mr. Babin....................................... Yea Mr. Johnson of GA................. Nay
Mr. Graves of LA................................ Nay Mr. Carson........................ Nay
Mr. Rouzer...................................... Yea Ms. Titus......................... Nay
Mr. Bost........................................ Yea Mr. Huffman....................... Nay
Mr. LaMalfa..................................... Yea Ms. Brownley...................... Nay
Mr. Westerman................................... Yea Ms. Wilson of FL.................. Nay
Mr. Mast........................................ Yea Mr. Payne......................... Nay
Mrs. Gonzalez-Colon............................. Yea Mr. DeSaulnier.................... Nay
Mr. Stauber..................................... Yea Mr. Carbajal...................... Nay
Mr. Burchett.................................... Yea Mr. Stanton....................... Nay
Mr. Johnson of SD............................... Yea Mr. Allred........................ Nay
Mr. Van Drew.................................... Yea Ms. Davids of KS.................. Nay
Mr. Nehls....................................... Yea Mr. Garcia of IL.................. Nay
Mr. Gooden of TX................................ Yea Mr. Pappas........................ Nay
Mr. Mann........................................ Yea Mr. Moulton....................... Nay
Mr. Owens....................................... Yea Mr. Auchincloss................... Nay
Mr. Yakym....................................... Yea Ms. Strickland.................... Nay
Mrs. Chavez-DeRemer............................. Yea Mr. Carter of LA.................. Nay
Mr. Edwards..................................... Yea Mr. Ryan......................... Nay
Mr. Kean of NJ.................................. Yea Mrs. Peltola...................... Nay
Mr. D'Esposito.................................. Yea Mr. Menendez..................... Nay
Mr. Burlison.................................... Yea Ms. Hoyle of OR................... Nay
Mr. James....................................... Yea Mrs. Sykes........................ Nay
Mr. Van Orden................................... Yea Ms. Scholten...................... Nay
Mr. Williams of NY.............................. Yea Mrs. Foushee...................... Nay
Mr. Molinaro.................................... Yea
Mr. Collins..................................... Yea
Mr. Ezell....................................... Yea
Mr. Duarte...................................... Yea
Mr. Bean of FL.................................. Yea
----------------------------------------------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote No. 022
On: agreeing to Amendment DeSaulnier 016--#ANS 66 offered
by Mr. DeSaulnier
Not Agreed to: 28 yeas and 37 nays
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................ Nay Mr. Larsen of WA.................. Nay
Mr. Crawford.................................... Nay Ms. Norton........................ Yea
Mr. Webster of FL............................... Nay Mrs. Napolitano................... Yea
Mr. Massie...................................... Nay Mr. Cohen......................... Nay
Mr. Perry....................................... Nay Mr. Garamendi..................... Yea
Mr. Babin....................................... Nay Mr. Johnson of GA................. Yea
Mr. Graves of LA................................ Nay Mr. Carson........................ Yea
Mr. Rouzer...................................... Nay Ms. Titus......................... Yea
Mr. Bost........................................ Nay Mr. Huffman....................... Yea
Mr. LaMalfa..................................... Nay Ms. Brownley...................... Yea
Mr. Westerman................................... Nay Ms. Wilson of FL.................. Yea
Mr. Mast........................................ Nay Mr. Payne......................... Yea
Mrs. Gonzalez-Colon............................. Nay Mr. DeSaulnier.................... Yea
Mr. Stauber..................................... Nay Mr. Carbajal...................... Yea
Mr. Burchett.................................... Nay Mr. Stanton....................... Yea
Mr. Johnson of SD............................... Nay Mr. Allred........................ Yea
Mr. Van Drew.................................... Nay Ms. Davids of KS.................. Nay
Mr. Nehls....................................... Nay Mr. Garcia of IL.................. Yea
Mr. Gooden of TX................................ Nay Mr. Pappas........................ Yea
Mr. Mann........................................ Nay Mr. Moulton....................... Yea
Mr. Owens....................................... Nay Mr. Auchincloss................... Yea
Mr. Yakym....................................... Nay Ms. Strickland.................... Yea
Mrs. Chavez-DeRemer............................. Nay Mr. Carter of LA.................. Yea
Mr. Edwards..................................... Nay Mr. Ryan.......................... Yea
Mr. Kean of NJ.................................. Nay Mrs. Peltola...................... Yea
Mr. D'Esposito.................................. Nay Mr. Menendez...................... Yea
Mr. Burlison.................................... Nay Ms. Hoyle of OR................... Yea
Mr. James....................................... Nay Mrs. Sykes........................ Yea
Mr. Van Orden................................... Yea Ms. Scholten...................... Yea
Mr. Williams of NY.............................. Nay Mrs. Foushee..................... Yea
Mr. Molinaro.................................... Nay
Mr. Collins..................................... Nay
Mr. Ezell....................................... Nay
Mr. Duarte...................................... Nay
Mr. Bean of FL.................................. Nay
----------------------------------------------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote No. 023
On: agreeing to Final Passage, H.R. 3935, as amended
Agreed to: 63 yeas and 0 nays
----------------------------------------------------------------------------------------------------------------
Member Vote Member Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................ Yea Mr. Larsen of WA.................. Yea
Mr. Crawford.................................... Yea Ms. Norton........................ Yea
Mr. Webster of FL............................... Yea Mrs. Napolitano................... Yea
Mr. Massie...................................... ............ Mr. Cohen......................... Yea
Mr. Perry....................................... ............ Mr. Garamendi..................... Yea
Mr. Babin....................................... Yea Mr. Johnson of GA................. Yea
Mr. Graves of LA................................ Yea Mr. Carson........................ Yea
Mr. Rouzer...................................... Yea Ms. Titus......................... Yea
Mr. Bost........................................ Yea Mr. Huffman....................... Yea
Mr. LaMalfa..................................... Yea Ms. Brownley...................... Yea
Mr. Westerman................................... Yea Ms. Wilson of FL.................. Yea
Mr. Mast........................................ Yea Mr. Payne......................... Yea
Mrs. Gonzalez-Colon............................. Yea Mr. DeSaulnier.................... Yea
Mr. Stauber..................................... Yea Mr. Carbajal...................... Yea
Mr. Burchett.................................... Yea Mr. Stanton....................... Yea
Mr. Johnson of SD............................... Yea Mr. Allred........................ Yea
Mr. Van Drew.................................... Yea Ms. Davids of KS.................. Yea
Mr. Nehls....................................... Yea Mr. Garcia of IL.................. Yea
Mr. Gooden of TX............................... Yea Mr. Pappas........................ Yea
Mr. Mann........................................ Yea Mr. Moulton....................... Yea
Mr. Owens....................................... Yea Mr. Auchincloss................... Yea
Mr. Yakym....................................... Yea Ms. Strickland.................... Yea
Mrs. Chavez-DeRemer............................. Yea Mr. Carter of LA.................. Yea
Mr. Edwards..................................... Yea Mr. Ryan.......................... Yea
Mr. Kean of NJ.................................. Yea Mrs. Peltola...................... Yea
Mr. D'Esposito.................................. Yea Mr. Menendez...................... Yea
Mr. Burlison.................................... Yea Ms. Hoyle of OR................... Yea
Mr. James....................................... Yea Mrs. Sykes........................ Yea
Mr. Van Orden................................... Yea Ms. Scholten...................... Yea
Mr. Williams of NY.............................. Yea Mrs. Foushee...................... Yea
Mr. Molinaro.................................... Yea
Mr. Collins..................................... Yea
Mr. Ezell....................................... Yea
Mr. Duarte...................................... Yea
Mr. Bean of FL.................................. Yea
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but has not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has also
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974 when available the Committee
will adopt as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(d)(1) of House rule XIII, when
available the Committee will adopt as its own the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation, as amended,
are to reauthorize federal aviation programs administered by
the FAA and DOT. The bill, as amended, also reforms the
organizational structure of the FAA and continues the process
of integrating UAS into the National Airspace System.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3935, as amended, establishes or reauthorizes a program
of the Federal government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
When available the Committee will adopt as its own the
estimate of Federal mandates prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 3935, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
Sections 307, 625, and 708 of this bill, as amended, each
establish an advisory committee, as defined in section 1001 of
title 5, United States Code. Pursuant to section 1004 of title
5, United States Code, the Committee determines that the
functions of these advisory committees are not being carried
out by existing agencies or advisory committees and could not
adequately be performed by enlarging the mandate of an existing
advisory committee. The Committee notes that sections 624 and
708 terminate existing advisory committees. The Committee also
determines that the new advisory committees have a clearly
defined purpose, fairly balanced membership, and meet all of
the other requirements of section 1004(b) of title 5, United
States Code.
Applicability To Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
TITLE I: AUTHORIZATIONS AND FAA ORGANIZATIONAL REFORM
Subtitle A--Authorizations
Sec. 101. Airport Planning and Development and Noise Compatibility
Planning and Programs.
This section authorizes $4 billion from the Airport and
Airway Trust Fund (AATF) for the Federal Aviation
Administration's (FAA's) Airport Improvement Program (AIP)
account for each of fiscal years (FYs) 2024 through 2028.
Sec. 102. Facilities and Equipment.
This section authorizes from the AATF the following amounts
for FAA's Facilities & Equipment (F&E) account: $3.375 billion
for FY 2024; $3.425 billion for FY 2025; $3.475 billion for FY
2026; $3.475 billion for FY 2027; and $3.475 billion for FY
2028.
Sec. 103. Operations.
This section authorizes the following amounts for FAA's
Operations account: $12.73 billion for FY 2024; $13.035 billion
for FY 2025; $13.334 billion for FY 2026; $13.640 billion for
FY 2027; and $13.954 billion for FY 2028.
Sec. 104. Extension of Miscellaneous Expiring Authorities.
This section extends various expiring authorities,
including: AIP discretionary grant eligibility for the Marshall
Islands, Micronesia, and Palau; continuation of the Safety
Oversight and Certification Advisory Committee; and allowing
AIP funds to be spent on certain airport property redevelopment
projects.
Subtitle B--FAA Organizational Reform
Sec. 121. FAA Leadership.
This section establishes the leadership of the FAA,
consisting of the Administrator, a Deputy Administrator for
Programs and Management (previously referred to as the ``Deputy
Administrator''), and a new career Deputy Administrator for
Safety and Operations. The new career Deputy Administrator will
provide consistency and stability to the agency between
Administrations, help reduce the likelihood of needing an
executive from a Line of Business or Staff Office to perform
the duties of an acting Administrator and help to manage the
increasingly diverse and complex responsibilities of the FAA.
This section further explains that the Deputy Administrator
for Programs and Management manages the Chief Counsel and the
Assistant Administrators (except the Assistant Administrator
for Rulemaking and Regulatory Improvement), and that the Deputy
Administrator for Safety and Operations manages the Chief
Operating Officer (COO) of the air traffic control (ATC)
system, the Associate Administrators, and the Assistant
Administrator for Rulemaking and Regulatory Improvement.
This section also sets the rate of pay, succession plan,
and general qualifications for those positions.
The Committee expects the FAA Administrator may choose to
rename the deputy positions described in this section.
Sec. 122. FAA Management Board.
This section establishes the Management Board of the FAA
consisting of Associate and Assistant Administrators, the Chief
Counsel, and the COO.
This section reinforces the responsibilities of the Chief
Counsel--to provide advice, take enforcement action, and
represent the FAA in legal proceedings, but not to manage the
activities of other offices or the Administrator. The Committee
is concerned that the Office of the Chief Counsel routinely
oversteps its intended role, unnecessarily reviews established
historical precedent when there is not legal risk, and does not
provide timely legal interpretations for internal offices or
external entities in order to maintain a reasonable pace of
work. It should not be expected that the work of the agency
should indefinitely stop in order for an affirmative decision
to be issued by the Chief Counsel, unless the office
responsible for such program determines that it is necessary.
This section also establishes a new Assistant Administrator
for Rulemaking and Regulatory Improvement who is responsible
for the FAA's rulemaking agenda, updating outdated rules of the
agency, evaluating existing regulations for effectiveness,
redundancy, and accuracy, coordinating with offices of the
agency and other Federal entities to maintain rulemaking
timelines, and receiving and processing petitions for
exemption.
The Committee expects the FAA Administrator may choose to
rename the positions described in this section in the future as
the activities and responsibilities of the agency change.
Sec. 123. Prohibition on Conflicting Pecuniary Interests.
Apart from pre-approved teaching, this section prohibits
FAA executives and leadership from engaging in another business
or having financial interests in aeronautical enterprises
outside of index funds.
Sec. 124. Authority of Secretary and Administrator.
This section establishes the authorities of the FAA
Administrator relating to those of the Department of
Transportation (DOT), including the promulgation of regulations
and responsibility for regulated aerospace entities.
This section also clarifies the rulemaking approval
procedures at the Department for FAA rules and sets the
benchmark for significant rulemakings.
Sec. 125. Review of FAA Rulemaking Processes.
This section directs the National Academy of Public
Administration (NAPA) to evaluate the process by which FAA
rulemakings are drafted, reviewed, and approved. NAPA will
submit a report to Congress on their findings and provide
recommendations to improve the agency's rulemaking process.
The Committee expects this study will occur after the FAA
Administrator implements any reforms and improvements to the
rulemaking process that are underway at the time that this Act
is enacted, and therefore this review will consider the
effectiveness of those changes.
Sec. 126. Office of Innovation.
This section establishes an Office of Innovation within the
FAA that can be tasked by Congress, FAA leadership, or the
Management Board of the agency to assist in scoping policy or
rulemaking, tackling complex issues across multiple offices or
that otherwise require additional considerations, and
positioning the FAA to support aerospace innovation. The office
is comprised of up to 15 mid-level career employees with
expertise in particular fields and who represent the interests
of an employee's respective office of the FAA during two-year
appointments.
The Committee expects the opportunity to serve in this
office will expose mid-level employees to the work of their
peers in other lines of business and staff offices; better
prepare them for advancement in the FAA; and allow them to work
on short- or long-term projects where issues span multiple
offices. It is not expected that this office has decision-
making authority, but the leadership of the Administration and
the Management Board should give full consideration to any work
products of the Office of Innovation.
Sec. 127. Frank A. LoBiondo National Aerospace Safety and Security
Campus.
This section designates the campus owned by the FAA at the
Atlantic City International Airport in New Jersey as the
``Frank A. LoBiondo National Aerospace and Safety Campus.'' The
Campus includes facilities and property leased to other public
or private entities.
Sec. 128. Technical Center for Advanced Aerospace.
This section renames, codifies, and expands the role of the
``William J. Hughes Technical Center for Advanced Aerospace''
(formerly the William J. Hughes Technical Center). The
Technical Center is responsible for promoting Federal,
academic, and industry cooperation and opportunities to advance
aerospace research, development, and safety.
This section provides the Technical Center with the
following duties: providing the aerospace industry access to
Federal facilities, systems, and personnel through appropriate
agreements; managing technology demonstration grant awards;
identifying opportunities to improve aviation safety and
efficiency of the ATC system; managing related facilities; and
supporting the activities occurring in and around the Aerospace
Safety and Security Campus.
The Center should consist of the FAA-operated buildings on
the Campus. This section does not specify where in the FAA
organizational structure the Technical Center exists.
Sec. 129. Office of NextGen Sunset.
This section sunsets the Office of NextGen in two and a
half years and transfers the remaining duties, activities, and
personnel to the William J. Hughes Technical Center for
Advanced Aerospace, the Air Traffic Organization (including the
NextGen Advisory Committee), and other offices of the
Administration, as appropriate. In reassigning the activities
of the Office of NextGen, the FAA Administrator should
determine where activities would be most efficiently handled
and if there are opportunities to reduce duplicative efforts.
Sec. 130. FAA Ombudsman.
This section establishes an Ombudsman of the FAA in the
Office of Government and Industry Affairs to assist regulated
persons and entities with an action or inaction of the FAA
regarding a certification, certificate, license, registration,
waiver or exemption, interpretation, determination, or other
activity. The Ombudsman can coordinate with relevant offices
within the FAA to facilitate the review and adjudication of
various actions, highlight communication lapses, and ensure
that reporting or dispute resolution mechanisms are
transparent. The Ombudsman can also recommend solutions to
improve the agency's processes, communication, and other issues
discovered during certain processes.
This section requires that the Ombudsman ensure an initial
response is provided to a person within 10 days of receiving a
submission. If a covered submission relates to an alleged
violation of an order, a regulation, or any other provision of
Federal law or whistleblower retaliation, the Ombudsman will
refer the submission to the appropriate Federal entity to
adjudicate or investigate the submission.
It is expected the Office of Government and Industry
Affairs will need additional personnel to handle the new
functions of the Ombudsman. It is also expected that the
Assistant Administrator will determine how best to organize the
office in order to perform such functions.
Sec. 131. Project Dashboards and Feedback Portal.
This section requires the Ombudsman to determine whether
creating public dashboards and feedback portals for various FAA
offices to routinely update regulated persons and entities on
their applications would be beneficial to applicants and an
efficient use of agency resources.
The Committee expects that any dashboard must work in a
dynamic manner and provide near real-time, accessible status
updates in order to be effective.
Sec. 132. Sense of Congress on FAA Engagement During Rulemaking
Activities.
This section expresses the sense of Congress that the FAA
should engage with regulated entities during the pre-drafting
of a rule and use, to a greater extent, docketed ex parte
conversations to better inform the agency's work, reduce the
time needed to adjudicate comments, and improve the timeline
for the promulgation of final rules.
Sec. 133. Civil Aeromedical Institute.
This section contains a conforming amendment with no policy
implications. This section maintains the Civil Aeromedical
Institute.
Sec. 134. Management Advisory Council.
This section repeals the Air Traffic Services Board which
has remained unused since its inception in 2003.
This section reestablishes the Federal Aerospace Management
Advisory Council (MAC). This section reaffirms the role of the
MAC, to provide advice and counsel to the Administrator and
serve as an oversight resource. The MAC is comprised of 13
members, including a designee of DOT, a designee of the
Department of Defense (DOD), 10 members representing aerospace
and technology interests--five appointed by the Secretary and
five appointed by the Administrator--and one member
representing an air traffic controllers union.
The Committee expects the MAC will remain an advisory
council to the FAA Administrator and the work of the Council
should remain private unless the membership of the Committee or
the FAA Administrator determines otherwise on a case-by-case
basis.
Sec. 135. Aviation Noise Officer.
This section establishes the position of the Aviation Noise
Officer (formerly the Aircraft Noise Regional Ombudsman).
Appointed by the FAA Administrator, these officers will serve
as liaisons to the public, including to community groups and
airports, and will make recommendations to the Administrator on
rules and decisions of the agency that may have noise impacts.
The Committee does not expect this section will require any
reporting or structural changes to offices or personnel within
the agency, unless the FAA Administrator determines such
changes are appropriate.
Sec. 136. Chief Operating Officer.
This section contains conforming amendments based on the
repeal of the Air Traffic Services Board. This section
maintains the existing duties of the COO, adds the integration
of new user operations into the National airspace system (NAS)
to the duties of the COO, and clarifies that the COO has the
responsibility for maintaining a state of good repair and the
continuous improvement of the ATC system.
Sec. 137. Report on Unfunded Capital Investment Needs of Air Traffic
Control System.
This section establishes a process by which the COO of the
ATC system can submit to Congress, the FAA Administrator, and
the DOT Secretary a list of upcoming ATC system facility and
equipment needs following the publication of the President's
budget that were not included in the budget. This process is
similar to the Unfunded Priorities List process used by the
DOD.
The Committee does not expect that any information provided
in the report necessarily represents a position of the
Administration and White House nor that it indicates
disagreement of the COO or the FAA Administrator with the
President's Budget. The Committee is expecting to better
understand the current and near-term needs of the ATC system,
and where additional resources that may be available during the
appropriations process would be best directed.
Sec. 138. Chief Technology Officer.
This section maintains the existing duties of the Chief
Technology Officer (CTO), adds a post-employment provision, and
makes conforming edits.
The Committee expects the FAA to prioritize the
establishment of this position.
Sec. 139. Definition of Air Traffic Control System.
This section includes a conforming amendment to maintain
the definition of the ATC system and updates it to match the
current scope of the system--including third-party providers of
systems, hardware, and services.
The Committee does not expect this updated definition to be
construed or interpreted as authorizing or facilitating the
privatization of the ATC system.
Sec 140. Peer Review of Office of Whistleblower Protection and Aviation
Safety Investigations.
This section subjects the Office of Whistleblower
Protection and Aviation Safety Investigations to a peer review,
similar to those performed on the Offices of Inspectors
General. Such review will occur every five years and will be
conducted in line with the guidelines of the Council of the
Inspectors General on Integrity and Efficiency (CIGIE).
Sec. 141. Cybersecurity Lead.
This section requires the FAA Administrator to designate a
Cybersecurity Lead for the agency. The Cybersecurity Lead will
provide briefings to Congress on their activities, including
implementation of the cybersecurity subtitle of this Act.
Sec. 142. Reducing FAA Waste, Inefficiency, and Unnecessary
Responsibilities.
This section repeals or amends several annual FAA reports,
as well as longstanding rulemakings that were previously
required under law but are no longer necessary or a pertinent
use of agency resources.
TITLE II: GENERAL AVIATION
Subtitle A--Expanding Pilot Privileges and Protections
Sec. 201. Reexamination of Pilots or Certificate Holders.
This section amends the Pilot's Bill of Rights to require
the FAA Administrator to provide timely notification to an
airman subject to a reexamination of an airman certificate. In
providing such notification, the FAA Administrator must inform
the individual (1) of the nature of the reexamination and the
specific activity on which the reexamination is necessitated;
(2) that the reexamination shall occur within one year from the
date of the notice provided by the FAA Administrator; and (3)
when an oral or written response to the notification from the
FAA Administrator is not required.
This section clarifies that nothing in the section
prohibits the FAA Administrator from reexamining an airman in
certain scenarios.
Sec. 202. GAO Review of Pilot's Bill of Rights.
This section requires the Comptroller General to submit to
Congress a report on the implementation and application of the
Pilot's Bill of Rights, including the application of the
Federal Rules of Civil Procedure and the Federal Rules of
Evidence to covered proceedings by the National Transportation
Safety Board (NTSB) and the impacts of the implementation of
the Pilot's Bill of Rights.
Sec. 203. Expansion of BasicMed.
This section amends Section 2307 of the FAA Extension,
Safety, and Security Act of 2016 by: increasing the number of
allowable passengers in a covered aircraft to six (up from
five); increasing the allowable number of seats in a covered
aircraft to seven (up from six); and increasing the maximum
certificated takeoff weight of a covered aircraft to 12,500
pounds (up from 6,000 pounds). This section also updates the
medical form a state-licensed physician uses in completing a
comprehensive medical examination.
The amendments made by this section are applicable
beginning on the date that is 120 days after the date of
enactment of this Act.
Sec. 204. Data Privacy.
This section requires the FAA Administrator to establish a
process by which: (1) a private aircraft owner or operator may
request the FAA Administrator to block the registration number
and other similar identifiable data or information of their
aircraft from any public dissemination or display for
noncommercial flights; and (2) an aircraft owner or operator
may request that the FAA Administrator withhold from public
disclosure certain personally identifiable information on the
Civil Aviation Registry website.
This section also requires the FAA Administrator to
establish a program for aircraft owners and operators to apply
for a new International Civil Aviation Organization (ICAO)
aircraft identification code and develop a plan for which the
FAA Administrator could allow for a process to disassociate an
assigned Mode S code with its aircraft registry number.
This section further requires the FAA Administrator to
conduct a study assessing the technical challenges, benefits,
and costs of encrypting Automatic Dependent Surveillance-
Broadcast (ADS-B) signals to provide for a safer and more
secure environment for National airspace system users.
Sec. 205. Prohibition on Using ADS-B Data to Initiate an Investigation.
This section prohibits the FAA Administrator from
initiating an investigation (excluding a criminal
investigation) of a person based exclusively on ADS-B data.
This section does not preclude the FAA from using ADS-B
data in civil investigations as long as the investigation was
not originally initiated based on the sole review of such data.
Sec. 206. Prohibition on N-Number Profiteering.
This section prohibits an individual from reserving an
aircraft registration number without certifying they intend to
use the number either immediately on a specific aircraft or for
future use on an aircraft owned or controlled, or intended to
be owned or controlled, by the individual.
An individual may transfer a reserved registration number
to another person so long as the transferor does not impose a
cost on the transaction that exceeds the amount paid to
initially reserve the number and the transferee certifies as
such.
Sec. 207. Accountability for Aircraft Registration Numbers.
This section requires the FAA Administrator to review the
process for reserving aircraft registration numbers to ensure
that such process offers equal opportunity for members of the
public to obtain specific aircraft registration numbers.
Sec. 208. Timely Resolution of Investigations.
This section requires the FAA Administrator to issue a
final determination on any investigation into a person or
entity left open for more than two years, unless the FAA
Administrator determines after a review of the facts that such
time to perform the investigation is insufficient.
Sec. 209. Expansion of Volunteer Pilot Organization Definition.
This section amends Section 821 of the FAA Modernization
and Reform Act of 2012 to modify the definition of a
``volunteer pilot organization'' to expand the scope of
charitable transportation that may be conducted for purposes of
allowing reimbursement for fuel costs and airport fees
attributed to a charitable flight operation, which includes:
(1) assisting individuals accessing medical care; (2)
delivering organs and other medical aid; and (3) certain
disaster relief efforts.
Sec. 210. Charitable Flight Fuel Reimbursement Exemptions.
This section deems that exemptions granted to volunteer
pilot organizations to reimburse pilots providing charitable
transportation will be valid for five years.
The Committee expects the FAA Administrator to begin
applying the changes made by this section to exemptions issued
after the date of enactment of this Act.
Sec. 211. GAO Report on Charitable Flights.
This section requires the Comptroller General to initiate a
review of charitable flights, including: (1) a review of all
applicable laws, regulations, policies, legal opinions, and
guidance pertaining to charitable flights and the operations of
such flights; (2) an assessment of petitions for exemption from
the regulation that prohibits reimbursement for fuel costs for
private pilots; and (3) such flights conducted without an
exemption from the regulation that prohibits reimbursement for
fuel costs for private pilots.
Sec. 212. All Makes and Models Authorization.
This section requires the FAA Administrator to reestablish
the authorization for all types and makes of certain
experimental single and multiengine piston powered aircraft.
Sec. 213. Response to Letter of Investigation.
This section amends section 2(b) of the Pilot's Bill of
Rights to ensure that an individual has not less than 30 days
to respond to Letter of Investigation from the FAA
Administrator after receipt of such Letter.
Subtitle B--General Aviation Safety
Sec. 221. ADS-B Safety Enhancement Incentive Program.
This section establishes a rebate program to incentivize
certain general aviation aircraft owners and operators to
purchase and install safety enhancing ADS-B technology on their
aircraft. The amount of a rebate is equal to the lesser of the
cost of purchasing such technology or $2,000 and it must be
redeemed or presented for payment within 180 days of issuance.
Sec. 222. GAO Report on ADS-B Technology.
This section requires the Comptroller General to conduct a
study on ADS-B equipage and usage rates across the active
general aviation fleet in the United States and ways of further
incentivizing equipage.
Sec. 223. Protecting General Aviation Airports from FAA Closure.
This section ensures the FAA will only permit grant
obligated airports to close if the Secretary of Transportation
ensures that the closure: will not significantly impair the
aeronautical purpose of an airport; 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 is necessary to
protect or advance the civil aviation interests of the United
States.
Sec. 224. Ensuring Safe Landings During Off-Airport Operations.
This section prohibits the FAA from applying 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.
This section requires the Administration to update certain
Administration policy and guidance to ensure the clear and
consistent use of terms to delineate the types of parking
available to general aviation pilots.
Sec. 226. Alternative ADS-B Technologies for Use in Certain Small
Aircraft.
This section requires the FAA Administrator to publish
within three years a list of alternative ADS-B technologies for
use in certain small aircraft so that such aircraft may
voluntarily broadcast positioning to other aircraft in non-rule
airspace.
Sec. 227. Airshow Safety Team.
This section requires the FAA Administrator, in partnership
with industry, to establish as a part of the General Aviation
Joint Safety Committee an Airshow Safety Team focused
exclusively on airshow and aerial event safety.
Sec. 228. Tower Marking Notice of Proposed Rulemaking.
This section requires the FAA Administrator to 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) within one year.
Subtitle C--Improving FAA Services
Sec. 241. Aircraft Registration Validity During Renewal.
This section would permit an aircraft to be operated on or
after the expiration date found on the certificate of
registration issued for such aircraft as if it were not
expired, so long as the operator is awaiting a pending
registration renewal application and meets additional criteria.
This section would not permit any person to operate an aircraft
with an expired registration if the FAA Administrator has
denied an application to renew the registration of such
aircraft.
Sec. 242. Temporary Airman Certificates.
This section provides that an individual may obtain a
temporary airman certificate from the FAA Administrator while
waiting for a permanent one to replace a lost or stolen airman
certificate. This section also requires the individual to
subsequently destroy the temporary airman certificate upon
receipt of the permanent replacement certificate.
Sec. 243. Flight Instruction or Testing.
This section deems that certain individuals who provide
flight instruction or testing are not operating an aircraft
carrying persons or property for hire.
Sec. 244. Letter of Deviation Authority.
This section excludes a flight instructor, registered
owner, lessor, or lessee of an aircraft from the requirement to
obtain a letter of deviation authority from the FAA
Administrator to allow, conduct, or receive flight training,
checking, and testing in a covered aircraft if no person
advertises the aircraft or instruction as available for those
activities; the flight instructor is not providing both the
training and the aircraft; and no person receives compensation
for use of the aircraft during those activities, other than
expenses owed for operating, owning, and maintaining the
aircraft.
Sec. 245. National Coordination and Oversight of Designated Pilot
Examiners.
This section requires the FAA Administrator to establish a
program or office to provide National coordination and
oversight of designated pilot examiners (DPEs). This section
further requires the established program or office to
coordinate with Flight Standards District Offices, DPE managing
specialists, and aviation industry stakeholders, including
representatives of the general aviation community to consider
(or reconsider) implementing the final recommendations report
issued by the DPE Reforms Working Group.
Sec. 246. BasicMed for Examiners Administering Tests or Proficiency
Checks.
This section would allow a pilot examiner to perform
authorized examiner duties under BasicMed so long as the
examiner can otherwise act as pilot-in-command under BasicMed
in the aircraft being used for the exam.
Sec. 247. Designee Locator Tool Improvements.
This section requires the FAA Administrator to update the
designee locator search tool to ensure that it has improved
search functionalities recommended by the Women in Aviation
Advisory Board and DPE Reforms Working Group. These include
filtering a search for an aviation medical examiner by sex, if
such information is available; displaying credentials and
aircraft qualifications of a designated pilot examiner; and
displaying the scheduling availability of a designated pilot
examiner.
Sec. 248. Deadline to Eliminate Aircraft Registration Backlog.
This section requires the FAA Administrator to 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 no
later than 10 business days after receipt.
Sec. 249. Part 135 Air Carrier Certificate Backlog.
This section sets the goal of reducing the backlog of air
carrier certificate applications under part 135 at an average
certificate processing goal of less than 60 days within one
year of enactment and an average of less than 30 days
processing goal within two years of enactment.
This section also requires the FAA Administrator to convene
a working group to make recommendations to improve the aircraft
conformity process for existing part 135 air carriers and
operators and to study and review methods to modernize and
improve the air carrier certification process under part 135.
Sec. 250. Logging Flight Time Accrued in Certain Public Aircraft.
This section directs the FAA Administrator, as required in
the FAA Reauthorization Act of 2018, to issue a final rule to
allow a pilot conducting certain public aircraft operations
under the direct operational control of forestry and fire
protection agencies to log flight time accrued in such
aircraft. If the FAA Administrator fails to issue the
rulemaking, the FAA Administrator would be prohibited from
enforcing existing prohibitions pertaining to such actions
against a pilot conducting public aircraft operations under the
direct operational control of forestry and fire protection from
logging flight time.
Sec. 251. Flight Instructor Certificates.
This section requires the FAA Administrator to issue a
final rule for the rulemaking activity titled ``Removal of the
Expiration Date on a Flight Instructor Certificate'' (RIN 2120-
AL25), not later than 36 months after the date of enactment of
the Act. Such rulemaking would require the FAA Administrator to
remove the expiration date on a flight instructor certificate,
among other things.
In the event the FAA Administrator fails to complete the
required rulemaking, an individual holding a valid flight
instructor certificate as of the date that is 36 months after
the date of enactment may exercise the privileges of the
certificate regardless of whether the certificate subsequently
expires until the FAA Administrator issues the required
rulemaking.
Sec. 252. Consistency of Policy Application in Flight Standards and
Aircraft Certification.
This section requires the DOT Office of Inspector General
(OIG) to initiate audits of the Flight Standards and Aircraft
Certification Services, and the personnel of such offices, on
the consistency of policy and regulatory interpretation and the
application of policies, orders, and guidance. In conducting
the audits, the IG is required to interview a wide array of
stakeholders that interface with multiple FAA field and
regional offices.
The three audits enumerated would pertain to the FAA's work
with Part 145 repair stations, supplemental type certificate
(STC) holders, and technical standard orders (TSO) holders.
Subsequently, this section requires a report from the IG to
Congress for each issue and then requires the FAA Administrator
to consider such report's suggested best practices to ensure
consistent application of policies, orders, guidance, and
regulations.
Sec. 253. Application of Policies, Orders, and Guidance.
This section adds a new subsection to section 44701 of
title 49, United States Code, that requires the FAA
Administrator to ensure that policies, orders, and guidance
issued are applied equally and consistently and are not altered
without consultation. This section also requires the
Administrator to ensure that officials are properly documenting
findings and decisions throughout a project to avoid
disruptions when personnel change.
Sec. 254. Expansion of the Regulatory Consistency Communications Board.
This section amends section 224 of the FAA Reauthorization
Act of 2018 by expanding the membership requirements for the
Regulatory Consistency Communications Board to include
additional FAA offices and by optimizing the functions of the
Board.
Sec. 255. Exemption of Fees for Air Traffic Services.
This section requires the FAA to provide or ensure 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 one of the preceding three years, without
the imposition or collection of any fee, tax, or other charge
for that purpose.
Sec. 256. Modernization of Special Airworthiness Certification
Rulemaking Deadline.
This section requires the FAA Administrator to issue a
final rule for the rulemaking activity titled ``Modernization
of Special Airworthiness Certification'' (RIN 2120-AL50).
Sec. 257. Termination of Designees.
This section mandates the FAA Administrator update the
Administration's Designee Management Policy to provide for an
investigatory process and record keeping requirements when a
designee's termination is being considered. This section also
requires the Administrator provide for a review panel to
determine whether a termination is appropriate when termination
for cause is a possible outcome upon the completion of the
investigation. This section would allow for a subsequent review
for a designated pilot examiner who was terminated for cause.
Sec. 258. Part 135 Check Airmen Reforms.
This section requires the FAA Administrator to assign to
the Aviation Rulemaking Advisory Committee (ARAC) 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.
This section requires the ARAC to produce action-based
recommendations based on the activities conducted pursuant to
the review and requires the FAA Administrator to implement, as
appropriate, such recommendations.
Subtitle D--Other Provisions
Sec. 261. Required Consultation with National Parks Overflights
Advisory Group.
This section requires the FAA Administrator and other
agencies to consult with the National Parks Overflights
Advisory Group as required in existing law.
Sec. 262. Supplemental Oxygen Regulatory Reform.
This section prohibits the application of certain
supplemental oxygen mask requirements for pilots on board
pressurized aircraft operating under parts 91 (general
operating rules applied to all civil aircraft) and 135 (on-
demand, unscheduled air service) of the Federal aviation
regulations if the aircraft is flying below 41,000 feet.
Sec. 263. Exclusion of Gyroplanes from Fuel System Requirements.
This section clarifies that the crash resistant fuel system
requirements in section 44737 of title 49, United States Code,
only apply to helicopters by striking the term ``rotorcraft''
in each instance it appears and inserting ``helicopter.''
This section also exempts from the requirements of section
44737 helicopters issued an experimental certificate or
operating under a special flight permit.
Sec. 264. Airshow Venue Information, Awareness, Training, and Education
Program.
This section requires the FAA Administrator to 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 (AVIATE)
Program.'' This program will provide information to the public,
general aviation airports, local officials, and other
stakeholders on the benefits of hosting air shows and how to
host and execute such shows safely, among other things.
Sec. 265. Low Altitude Rotorcraft and Powered-Lift Operations.
This section requires the FAA Administrator within three
years to 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.
Sec. 266. BasicMed in North America.
This section instructs the FAA Administrator to seek to
facilitate the recognition of BasicMed medical qualifications
with civil aviation authorities in Canada and such other
foreign countries the FAA Administrator determines are
appropriate.
Sec. 267. Eliminate Aviation Gasoline Lead Emissions.
This section requires the FAA Administrator to continue to
partner with industry and other federal government stakeholders
to carry out the Eliminate Aviation Gasoline Lead Emissions
Initiative (EAGLE Initiative).
This section specifies that the FAA Administrator shall
take such actions as may be necessary to facilitate: (1) 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; (2) the approval of
unleaded alternatives to leaded aviation gasoline for use in
all piston-engine aircraft types and piston-engine types; (3)
the implementation of the requirements of section 431 as they
relate to the continued availability of aviation gasoline; (4)
efforts to make approved unleaded gasoline widely available at
airports; and (5) 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.
This section also requires the FAA Administrator to develop
and implement a transition plan to safely expedite the
transition of piston-engine aircraft to unleaded fuels by 2030.
In developing such plan, the FAA Administrator must consult
aviation stakeholders and consider the following: (1) progress
of the EAGLE Initiative; (2) the evaluation and development of
fuel storage infrastructure to support the storage and
distribution of unleaded fuels; (3) best practices for
protecting against exposure to lead contamination on airfields;
(4) efforts to address supply chain issues inhibiting timely
distribution of unleaded fuels; and (5) efforts to educate
pilots and aircraft owners on how to safely transition to
unleaded fuels.
This section requires the FAA Administrator to develop
materials that map or otherwise clearly convey the availability
of unleaded fuels at airports. The FAA Administrator must brief
the appropriate Committees of Congress not later than 60 days
after publication of the plan.
TITLE III: AEROSPACE WORKFORCE
Subtitle A--Growing the Talent Pool
Sec. 301. Extensions of Aviation Workforce Development Programs.
This section amends section 625 (the Aviation Workforce
Development Programs) of the FAA Reauthorization Act of 2018 to
reauthorize funding levels for the aviation maintenance program
and the aircraft pilot program at $15 million respectively for
each of FYs 2024 through 2026.
This section also authorizes funding for an aviation
manufacturing workforce development program at $15 million for
the program for each of FYs 2024 through 2026.
Sec. 302. Improving Aviation Workforce Development Programs.
This section amends section 625 of the FAA Reauthorization
Act of 2018 by establishing a third workforce development
program for aviation manufacturing to invest in the education
and recruitment of aviation manufacturing workers and support
the development of the aviation manufacturing workforce.
This section increases the maximum award limit for all
three workforce development programs to $750,000 (up from
$500,000) and provides a 20 percent set-aside for the Willa
Brown Aviation Education Program.
This section updates the eligible entities and project
eligibilities for the aviation maintenance and aircraft pilot
programs, and harmonizes such eligible entities across each
program, where appropriate.
This section terminates the authority of the DOT Secretary
to make these awards after September 30, 2026, though aviation
workforce development grant activities are intended to continue
under the newly created CAREER program, which is established
under section 305.
Sec. 303. National Center for the Advancement of Aerospace.
This section creates the National Center for the
Advancement of Aerospace (NCAA), an independent, Federally
chartered non-profit entity that serves to support and promote
aviation workforce development and aviation education.
This section requires the NCAA to perform certain duties to
fulfill the Center's purpose, which includes administering on
behalf of the DOT Secretary the newly established Cooperative
Aviation Recruitment, Enrichment, and Employment Readiness
(CAREER) Program, the successor to the Aviation Workforce
Development Program. The section also establishes a council to
aid both the Secretary and the NCAA in carrying out the CAREER
program by reviewing grant applications and recommending grant
recipients.
This section requires the NCAA to report to Congress
annually on the activities of the Center and the CAREER grant
program, among other things.
This section authorizes the following amounts to be
appropriated from the AATF to fund the NCAA: $10 million for
each FY 2024 through 2026, and $11 million for FY 2027 and FY
2028.
Sec. 304. Cooperative Aviation Recruitment, Enrichment, and Employment
Readiness Program.
This section establishes the Cooperative Aviation
Recruitment, Enrichment, and Employment Readiness (CAREER)
Program, the successor to the Aviation Workforce Development
Programs, to support the education, recruitment, training, and
retention of future aviation professionals and the development
of a robust United States aviation workforce.
This section requires the Secretary to partner with the
CAREER council (established as part of the NCAA) in
administering the CAREER program and to establish a
solicitation, review, and evaluation process that to ensure
awards are made to eligible entities with proposals that have
adequate merit and relevancy to the mission of the program and
the NCAA.
This section requires the DOT Secretary to impose
reasonable reporting and monitoring requirements for grant
recipients to measure relevant outcomes for each program.
This section authorizes $50 million to be appropriated for
the CAREER program in each of FYs 2027 and 2028.
Sec. 305. Repeal of Duplicative or Obsolete Workforce Programs.
This section repeals the FAA's airway science curriculum
grant program and the advanced training facilities program for
maintenance technicians for air carrier aircraft.
Sec. 306. Civil Airmen Statistics.
This section requires the FAA Administrator to publish the
United States Civil Airmen Statistics monthly (rather than on
an annual basis) and expands data criteria. This section also
requires the FAA Administrator to establish a web-based
dashboard to present this data and findings.
Sec. 307. Bessie Coleman Women in Aviation Advisory Committee.
This section establishes the Bessie Coleman Women in
Aviation Advisory Committee to advise the DOT Secretary and the
FAA Administrator on the recruitment, retention, employment,
education, training, well-being, and treatment of women in the
aviation industry and in aviation-focused Federal civil service
positions.
This section specifies the Committee's activities and
certain functions it may perform in carrying out taskings by
the Secretary.The Committee is also required to submit reports
to Congress.
This section sunsets the Committee on the last day of the
eight-year period beginning on the date of the initial
appointment of the members of the Committee.
Sec. 308. Establishing a Comprehensive Web-Based Aviation Resource
Center.
This section requires the FAA Administrator to partner with
the NCAA to establish a high-quality, web-based resource center
that provides streamlined public access to information on
aviation career resources, apprenticeships, and related
curricula for students and teachers, among other things.
Sec. 309. Direct Hire Authority from UAS Collegiate Training
Initiative.
This section provides authority to the FAA Administrator to
hire graduates or near-graduates in good standing from eligible
institutions of higher education under the Unmanned Aircraft
System Collegiate Training Initiative. This section sunsets the
FAA Administrator's direct hire authority on September 30,
2028.
Subtitle B--Improving Training and Rebuilding Talent Pipelines
Sec. 311. Joint Aviation Employment Training Working Group.
This section requires the establishment of an interagency
working group to advise the DOT Secretary and the DOD Secretary
on matters and policies related to the training and
certification of certain aviation professionals to improve
career transition between the military and civilian workforces.
Sec. 312. Airman Knowledge Testing Working Group.
This section requires the Administrator to establish a
working group under the Aviation Rulemaking Advisory Committee
to review knowledge testing processes and procedures to improve
the facilitation, administration, and accessibility of
knowledge tests.
The working group shall also assess opportunities to allow
high school students upon successful completion of an aviation
maintenance curriculum described in paragraph (1) to take the
general written knowledge portion of the mechanic exam.
Sec. 313. Airman Certification System Working Group and Timely
Publication of Standards.
This section directs the FAA Administrator to task the
Airman Certification System Working Group established under the
Aviation Rulemaking Advisory Committee with reviewing Airman
Certification Standards to ensure that airman proficiency and
knowledge correlates and corresponds to regulations,
procedures, equipment, aviation infrastructure, and safety
trends.
This section also requires the FAA Administrator to publish
the process by which the Airman Certification Standards are to
be established, updated, and maintained, including related
guidance and handbooks.
Sec. 314. Air Traffic Control Workforce Staffing.
This section transfers the responsibility for annual
reporting on the Controller Workforce Plan (CWP) from the FAA
Administrator to the COO of the Air Traffic Organization. It
requires the COO to revise air traffic control hiring plans and
staffing standards to ensure the controller and management
workforce is adequately staffed to safely and efficiently
manage the ATC system.
This section directs the FAA Administrator to set as the
hiring target for each of FYs 2024 through 2027 to the maximum
number of individuals trained at the FAA Air Traffic Control
Academy.
This section requires the COO, in the interim, to adopt and
utilize the staffing models and methodologies developed by the
Collaborative Resource Workgroup (CRWG) that were recommended
in a report submitted to the FAA Administrator and referenced
in the CWP submitted to Congress on May 5, 2023.
This section requires the Transportation Research Board
(TRB) to compare the Administration's staffing models and
methodologies with those developed by the CRWG and determine
which staffing model best accounts for the operational staffing
needs of the air traffic control system. This section requires
the FAA Administrator to adopt the best staffing model
identified by the TRB.
Sec. 315. Aviation Safety Workforce Assessment.
This section requires the FAA Administrator to 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.
Sec. 316. Military Aviation Maintenance.
This section requires the interagency working group
established in section 311 to evaluate the appropriateness of
revising part 65 rules (Federal aviation rules governing the
certification of airmen other than flight crewmembers) to
create a mechanic written competency test for eligible military
maintenance technicians, to develop an Airmen Certification
Standard to qualify eligible military technicians, and to allow
a certificate of eligibility from the Joint Services Aviation
Maintenance Technician Certification Council evidencing
completion of a training program.
This section requires the interagency working group to
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.
Subtitle C--Engaging and Retaining the Workforce
Sec. 321. Airman's Medical Bill of Rights.
This section directs the FAA Administrator to develop a
document referred to as the ``Airman's Medical Bill of Rights''
that details the rights of an individual before, during, and
after a medical exam conducted by an Aviation Medical Examiner.
This section also directs the FAA Administrator to develop a
second document to explain the standard procedures performed
during a medical examination conducted by an examiner and to
make such document readily available to individuals.
Sec. 322. Improved Designee Misconduct Reporting Process.
This section directs the FAA Administrator to 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 individual's privacy and
confidentiality.
This section would also require designees to report to the
FAA Administrator any arrest, indictment, or conviction for
violation of a local, State, or Federal law within a period
time to be specified by the FAA Administrator.
This section also requires DOT OIG to conduct an audit of
the reporting process not later than three years after the date
on which the FAA Administrator completes the required updates
to the reporting process.
Sec. 323. Report on Safe Uniform Options for Certain Aviation
Employees.
This section requires the FAA Administrator to conduct a
review to determine whether major commercial airline carriers
and repair stations have in place uniform policies and
offerings that ensure pregnant employees can perform required
duties safely.This section requires the FAA Administrator to
brief Congress on the results of the review within two years.
Sec. 324. Extension of Samya Rose Stumo National Air Grant Fellowship
Program.
This section extends the authorization for the Samya Rose
Stumo National Air Grant Fellowship Program through FY 2028.
Sec. 325. Promotion of Civil Aeronautics and Safety of Air Commerce.
This section makes conforming edits associated with
sections 326 and 502 of the bill.
Sec. 326. Educational and Professional Development.
This section describes the efforts the FAA shall undertake
to promote and support the education and professional
development of persons in the aviation sector, schools, or
other organizations.
Sec. 327. Human Factors Professionals.
This section requires the FAA Administrator to establish a
work code for human factors professionals.
Sec. 328. Aeromedical Innovation and Modernization Working Group.
This section establishes a working group to review the
medical processes, policies, and procedures of the
Administration and to make recommendations to the FAA
Administrator to ensure the timely and efficient certification
of airmen. This section requires the working group to assess
the special issuance process, determine the appropriateness of
expanding the list of medical conditions an Aviation Medical
Examiner can issue a certificate, and to evaluate certain
medications and treatments approved for use by airmen, among
other activities.
This section also establishes a pilot mental health task
group responsible for developing and providing recommendations
related to supporting the mental health of pilots. Within two
years of its establishment, the task group must submit a report
to the DOT Secretary and Congress on its findings.
Sec. 329. Frontline Manager Workload Study.
This section directs the COO of the Air Traffic
Organization to conduct a study on frontline manager workload
challenges in air traffic control facilities. The COO must
submit a report to Congress on its findings.
Sec. 330. Age Standards for Pilots.
This section amends Section 44729 of title 49, United
States Code to increase the mandatory retirement age for pilots
conducting operations under part 121 to 67 years of age (up
from 65 years of age). This section provides retroactive
application of the change to the mandatory retirement age so
that a person who has attained 65 years of age on or before the
date of enactment of the Act may return to service as a pilot
for an air carrier engaged in covered operations.
This section prohibits an air carrier engaged in covered
operations from requiring an employed pilot to serve until they
attain 67 years of age.
TITLE IV: AIRPORT INFRASTRUCTURE
Subtitle A--Airport Improvement Program Modifications
Sec. 401. AIP Definitions.
This section modifies and expands various definitions
applicable to the Airport Improvement Program (AIP), including
the establishment of a heliport and vertiport definition and
clarification that certain airport development projects that
are capable of sustaining commercial operations after a natural
disaster are AIP eligible.
Sec. 402. Revenue Diversion Penalty Enhancement.
This section doubles the maximum penalty for an airport
that illegally diverts airport revenue.
Sec. 403. Extension of Competitive Access Report Requirement.
This section extends the requirement that medium and large
hub airports file competitive access reports if they are unable
to accommodate a request from an air carrier for additional
gates.
Sec. 404. Renewal of Certain Leases.
This section permits an airport to renew certain nominal
rate leases with National Guard units without violating revenue
diversion restrictions.
Sec. 405. Community Use of Airport Land.
This section prevents certain airports with parks on
airport property from having to close the parks as a result of
FAA requirements.
Sec. 406. Price Adjustment Provisions.
This section allows the DOT Secretary to incorporate price
adjustment provisions into an AIP grant agreement to account
for labor or material cost inflation.
Sec. 407. Allowable Project Costs and Letters of Intent.
This section allows an airport to incur utility relocation
and work site preparation costs in advance of an AIP grant
agreement and makes various technical amendments.
Sec. 408. Small Airport Letters of Intent.
This section requires the FAA to issue AIP letters of
intent (LOIs) to small airports. Under an LOI, the FAA agrees
in advance to provide funding for an airport project, allowing
an airport to plan large capital projects proactively and
receive better financing terms from the market. LOIs are
currently restricted to large airports. This section will
require the FAA to issue $100 million in small airport LOIs
annually beginning in FY 2028, giving small airports more
certainty about when they will be able to complete major
projects like runway extensions and rehabilitation.
Sec. 409. Prohibition on Use of AIP Funds to Procure Certain Passenger
Boarding Bridges.
This section prohibits AIP funds from being used to
purchase certain Chinese manufactured jet bridges.
Sec. 410. Fuel Infrastructure.
This section makes the installation of unleaded aviation
gasoline fueling systems and fueling systems for type
certificated hydrogen aircraft AIP eligible.
Sec. 411. Apportionments.
This section revises AIP apportionment formulas.
Major revisions in subsection (a) include increasing the
minimum primary airport apportionment from $1 million to $1.3
million and eliminating the ``cliff'' for small commercial
service airports whose passenger enplanements fell below
10,000. Instead, commercial service airports will receive
funding on a sliding scale that ramps up from the $150,000 non-
primary entitlement to the $1.3 million minimum primary
apportionment, depending on the number of enplaned passengers.
The section also increases the cargo airport apportionment to
four percent of AIP and allows airports with more than
25,000,000 pounds of total landed weight to receive cargo
apportionments.
Major revisions in subsection (b) include increasing the
general aviation apportionment from 20 percent to 25 percent of
AIP. This section also allows general aviation apportionment
funding in United States territories to be used for any airport
in the territory.
Sec. 412. PFC Turnback Reduction.
This section reduces the amount of AIP apportionment
funding a large or medium hub airport is required to turn back
if it charges a passenger facility charge of $4.50 from 75
percent to 60 percent, which will increase the amount of AIP
apportionment funding those airports receive.
Sec. 413. Transfer of AIP Supplemental Funds to Formula Program.
This section reduces the authorization for AIP supplemental
discretionary funds by more than 90 percent in order to make
such funds available for the AIP formula program. The remaining
authorization for supplemental funds is prioritized for runway
safety projects.
Sec. 414. Small Airport Fund.
This section accounts for the reduction in PFC turnback
funds flowing into the small airport fund by diverting 50
percent of non-primary entitlement carryover funds into the
small airport fund. This section also simplifies the
distribution formula for the fund. Finally, this section
creates a five percent set-aside for the construction of small
general aviation hangars and a five percent set-aside for
aprons intended to be used for itinerant general aviation
parking.
Sec. 415. Revision of Discretionary Categories.
This section revises the formulas and eligibilities in AIP
discretionary categories. This section increases the number of
projects eligible to be funded under the existing environmental
programs set-aside while both raising the floor and lowering
the ceiling on category funding. This section also lowers the
maximum amount that can be spent under the environmental set-
aside from $300 million to $200 million while raising the
minimum floor for that set-aside to $150 million.
The Committee intends for the FAA Administrator to provide
a minimum of $150 million each fiscal year for projects funded
through the environmental set-aside AIP discretionary account
via the process described in the amendments made by this
section.
Sec. 416. Terminal Development.
This section removes most restrictions on the kinds of
terminal development projects AIP can be used for, reducing the
need for airports to segment terminal projects to comply with
program requirements.
Sec. 417. State Block Grant Program.
This section revises provisions relating to the State Block
Grant Program under which States administer and disburse
general aviation airport funding.
Subsection (a) increases the Federal share of airport
projects in state block grant States from 90 percent to 91
percent to account for administrative costs associated with
running the program.
Subsection (b) requires the FAA to provide recurring
training on state block grant program administrative
requirements, including when there is a significant change to
the program.
Subsection (c) requires the DOT Secretary to enter into
memoranda of agreement with state block grant States to
delineate FAA and State responsibilities under the program. The
subsection also requires the FAA to accept State documentation
that is equivalent to the documentation that FAA itself would
produce for a similar decision.
Sec. 418. Innovative Financing Techniques.
This section authorizes the DOT Secretary to approve AIP
grants for projects that use innovative financing techniques.
Sec. 419. Long-Term Management Plans.
This section adds as an additional priority consideration
for airport funding under the zero-emission vehicle program the
development of a long-term management plan for eligible
vehicles and equipment.
Sec. 420. Alternative Project Delivery.
This section expends an existing alternative project
delivery program and allows for the FAA to approve AIP grants.
Sec. 421. Nonmovement Area Surveillance Surface Display Systems Pilot
Program.
This section extends a FAA Reauthorization Act of 2018
pilot program that allows airports to use AIP funds to acquire
nonmovement area surveillance systems.
Sec. 422. Repeal of Obsolete Criminal Provisions.
This section repeals an obsolete criminal provision
relating to FAA construction of international airport
facilities.
Sec. 423. Limitation on Certain Rolling Stock Procurements.
This section applies an existing Federal Transit
Administration (FTA) prohibition on using Federal funds to
acquire Chinese rolling stock to AIP.
Sec. 424. Regulatory Application.
This section requires the FAA to consider the extent to
which communities in Alaska are not connected to the ground
transportation system when administering AIP.
Sec. 425. National Priority System Formulas.
This section directs the FAA to update its formulas for
determining AIP grant priorities assigned to different
projects.
Sec. 426. Minority and Disadvantaged Business Participation.
This section finds that there remains a compelling need for
the continuation of the airport disadvantaged business
enterprise (DBE) program and the airport concessions DBE
program.
Sec. 427. Airport Access Roads in Remote Locations.
This section extends the applicability of a provision in
the FAA Reauthorization Act of 2018 that allows AIP funds to be
used to construct certain airport access roads in noncontiguous
States.
Sec. 428. Limited Regulation of Non-Federally Sponsored Property.
This section clarifies a provision in the FAA
Reauthorization Act of 2018 that prohibits the DOT from
regulating, directly or indirectly, the acquisition, use,
lease, transfer, or disposal of airport property by an airport
owner or operator if the land was not purchased with Federal
funds, except to ensure airport safety and efficiency is
maintained and that fair market value is received.
Sec. 429. Motorcoach Enplanement Pilot Program.
This section allows airports to count passengers who pass
through security and board motorcoaches to other airports to be
counted as enplaned passengers for purposes of AIP
apportionment funding through 2028.
Sec. 430. Populous Counties Without Airports.
This section requires the FAA to include a new airport in
the national plan of integrated airport systems if the airport
is located in the most populous county of a state that does not
have a listed airport if it meets certain criteria.
Sec. 431. Continued Availability of Aviation Gasoline.
This section requires that airports that had aviation
gasoline available in 2018 continue to make aviation gasoline,
including leaded or unleaded gasoline, available for purchase.
Sec. 432. AIP Handbook Update.
This section requires the FAA to update the AIP handbook to
account for legislative changes to the program. It also
requires that the FAA consult with airport stakeholders in
developing the handbook and to release a draft handbook for
public comment.
Sec. 433. GAO Audit of Airport Financial Reporting Program.
This section requires the Comptroller General to audit the
FAA's airport financial reporting program, under which airports
are required to provide certain financial data to the FAA on an
annual basis.
Sec. 434. GAO Review of Nonaeronautical Revenue Streams at Airports.
This section requires the Comptroller General to review
nonaeronautical revenue streams at airports and to assess
different opportunities for airports to increase their
nonaeronautical revenue.
Sec. 435. Maintaining Safe Fire and Rescue Staffing Levels.
This section requires the FAA Administrator to update
airport firefighting and rescue requirements to ensure certain
airports have basic level Emergency Medical Technician (EMT)
training for at least one first responder, consistent with best
practices.
This section also requires the FAA Administrator to
evaluate present-day airport environments and determine if
current staffing requirements are sufficient.
Sec. 436. GAO Study of On-Site Airport Generation.
This section requires the Comptroller General to study the
feasibility of certain on-site power generation solutions at
airports and submit a report to Congress on its findings.
Sec. 437. Transportation Demand Management at Airports.
This section requires the Comptroller General to study and
issue a report on the efficacy of transportation demand
management strategies at United States airports. 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.
This section requires the FAA Administrator to coordinate
with the Army Corps of Engineers to assess the resiliency of
United States coastal airports and submit a report to Congress
on the findings and related recommendations.
Sec. 439. Airport Investment Partnership Program.
This section amends the Airport Investment Partnership
Program giving the DOT Secretary the ability to conduct a
benefit-cost analysis during the approval of an application. If
conducted, the benefit-cost analysis must be completed within
60 days of submission or 60 days after all required information
is submitted to the Secretary.
Sec. 440. GAO Study on Per-Trip Airport Fees for TNC Consumers.
This section tasks the Comptroller General with studying
the fees that airports charge customers of transportation
network companies.
Sec. 441. Special Rule for Reclassification of Certain Unclassified
Airports.
Under this section, a privately owned reliever airport that
is not identified in the National Plan of Integrated Airport
Systems may submit to the DOT Secretary a request to reclassify
the airport according to criteria used to classify a publicly
owned airport. In submitting such a request, the airport shall
provide a sworn statement, along with the appropriate
documentation, to demonstrate the airport satisfies the
requirements to be classified as ``local'' or ``basic'' if the
airport was publicly owned. Airports must also submit a report
that identifies the role of the airport to the aviation system
and describes the long-term fiscal viability of the airport.
This section directs the DOT Secretary to complete an
eligibility review within 60 days of receiving such
reclassification request from a privately owned reliever
airport. When conducting the eligibility review, the Secretary
may require the airport to provide information on the
possibility for obtaining a public sponsor; however, the
Secretary may not require the airport to obtain a public
sponsor.
This section also directs the Secretary to grant requests
within 60 days of receiving the request if the request includes
the appropriate information (as defined under this section) and
the airport passes the eligibility review. An airport that does
not pass the eligibility review, performed by the Secretary,
may submit a corrective action plan that resolves the
shortcomings identified by the eligibility review and proves
corrective actions have been completed by the airport.
Lastly, this section dictates that the reclassification of
privately owned reliever airports shall take effect before
September 30, 2026, for an airport that passes the eligibility
review and before September 30, 2027, for requests granted
after the submission of a corrective action plan.
Sec. 442. Permanent Solar Powered Taxiway Edge Lighting Systems.
This section requires the FAA Administrator to publish an
engineering brief on the acceptable use of solar-powered
taxiway edge lighting systems at nonprimary airports.
Sec. 443. Secondary Runways.
This section requires the FAA Administrator to consider
allowing for the use of funds from the Infrastructure
Investment and Jobs Act for the extension of secondary runways
as non-hub or small-hub airports.
Sec. 444. Increasing the Energy Efficiency of Airports and Meeting
Current and Future Electrical Power Demands.
This section amends Section 47140 of title 49, United
States Code, to include present and future power demands for
airside and landside operations in airport energy assessments.
This section further amends section 47140 to include airside
energy projects as an eligible project.
Sec. 445. Electric Aircraft Infrastructure Pilot Program.
This section establishes a five-year pilot program allowing
up to 10 eligible airports to acquire, install, and operate
charging equipment for electric aircraft and to construct or
modify related infrastructure to support such equipment.
Sec. 446. Curb Management Practices.
This section clarifies that nothing in this Act shall
prevent an airport from implementing curb management practices
or from enforcing curb zones at an airport.
Subtitle B--Passenger Facility Charge
Sec. 461. PFC Application Approvals.
This sectionexpands the eligible uses of Passenger Facility
Charges (PFCs) to include ``airport-related projects.''
Sec. 462. PFC Authorization Pilot Program Implementation.
This section requires the implementation of the PFC
authorization pilot program, which would allow airports to file
a notice of their intent to impose a PFC rather than file an
application to do so. The pilot program maintains all presently
required air carrier consultation and comment requirements and
permits the DOT Secretary to block an airport's imposition of a
PFC subject to further review.
Subtitle C--Noise and Environmental Programs and Streamlining
Sec. 471. Streamlining Consultation Process.
This section clarifies that the DOT Secretary may consult
with the Secretary of the Interior and the Administrator of the
Environmental Protection Agency on runway construction or
extension projects.
Sec. 472. Repeal of Burdensome Emissions Credit Requirements.
This section repeals requirements that airports receive
emissions credits when they receive AIP grants for certain
environmental projects.
Sec. 473. Expedited Environmental Review and One Federal Decision.
This section reforms and expands the applicability of FAA's
expedited environmental review process and implements the major
components of One Federal Decision. The process will apply to
all airport capacity enhancement projects, terminal development
projects, and general aviation projects, as well as certain
important aviation safety projects. The section directs the FAA
to take the lead on coordinating and scheduling the
environmental review process and to ensure that environmental
reviews are occurring concurrently with each other.
Sec. 474. Subchapter III Definitions.
This section makes minor amendments to definitions
applicable to subchapter III of chapter 471 of title 49, United
States Code.
Sec. 475. Pilot Program Extension.
This section extends the authorization of the environmental
mitigation pilot program established in the FAA Reauthorization
Act of 2018.
Sec. 476. Part 150 Noise Standards Update.
This section directs the FAA Administrator to 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.
In clarifying existing and future noise policies and
standards, the FAA Administrator is required to seek feedback
from airports, airport users, and individuals living in the
vicinity of airports.
This section also directs the FAA Administrator to brief
the appropriate Committees of Congress every six months on the
review conducted under this section. The briefing requirement
sunsets on September 30, 2028.
Sec. 477. Reducing Community Aircraft Noise Exposure.
This section mandates that the FAA Administrator take the
following actions to reduce undesirable aircraft noise when
implementing or revising a flight procedure: the FAA
Administrator should implement flight procedures that mitigate
the impact of aircraft noise, work with airport sponsors and
impacted neighborhoods in establishing or modifying arrival and
departure routes, and discourage local encroachment of
residential or other buildings near airports.
Sec. 478. Categorical Exclusions.
This section increases the number of FAA activities that
are presumed to be covered by categorical exclusions for
purposes of the National Environmental Policy Act (NEPA).
Subsection (a) creates a categorical exclusion for airport
projects that receive less than $6 million in Federal funding,
similar to Federal highway projects.
Subsection (b) creates a categorical exclusion for the
rebuilding of airport infrastructure that is damaged or
destroyed in a natural disaster.
Subsection (c) clarifies that the standard ``extraordinary
circumstances'' exception applies to categorical exclusions
created under this section.
Sec. 479. Critical Habitat On or Near Airport Property.
This section requires the FAA to coordinate with other
Federal agencies to ensure the designation of critical habitat
for endangered species does not create conflicting regulatory
requirements for airports or jeopardize aviation safety.
Sec. 480. Updating Presumed to Conform Limits.
This section requires the DOT Secretary to update presumed
to conform limits to include the construction of aircraft
hangars and airport rescue and firefighting facilities.
Sec. 481. Recommendations on Reducing Rotorcraft Noise in District of
Columbia.
This section requires the Comptroller General to study
options to reduce rotorcraft noise in the District of Columbia,
including consideration of changes to military operations and
alternative methods for emergency response and law enforcement
operations.
Sec. 482. UFP Study.
This section requires a National Academies study to examine
airborne ultrafine particles (UFP) and their effects on human
health, including on susceptible individuals. Among its
considerations, the study will provide recommendations on
measures to reduce aviation-related emissions.
Sec. 483. Aviation and Airport Community Engagement.
This section requires the FAA to form an Airport Community
of Interest Task Force to provide recommendations on multiple
aspects of FAA community engagement with airport communities,
including with regard to Federal noise abatement efforts, air
traffic pattern changes, the Federal noise complaint process,
development projects around airports, and improving information
sharing. It also directs the FAA to convene annual engagement
events in each of its regions, in conjunction with its Regional
Community Engagement Officers, to focus on topics of regional
interest.
Sec. 484. Community Collaboration Program.
This section requires the FAA to establish a Community
Collaboration Program to harmonize policies and procedures
across the agency relating to community engagement, including
establishing the Airport Community of Interest Task Force as
detailed in Sec. 483, hosting regional engagement events
referred to in Sec. 483, coordinating with the Air Traffic
Organization on engagement efforts related to air traffic
procedure changes, oversight of Regional Ombudsmen, increasing
the responsiveness of the FAA's noise complaint process, and
implementing Government Accountability Office (GAO)
recommendations related to improving outreach on noise.
Sec. 485. Third Party Study on Aviation Noise Metrics.
This section requires a National Academies study on the
efficacy and disadvantages of the Day-Night Average Sound Level
(DNL) noise metric compared to alternatives, including for
assessing the impacts of nighttime noise, and any changes that
should be made to it.
Sec. 486. Information Sharing Requirement.
This section requires the DOT Secretary (acting through the
FAA Administrator of the Federal Aviation Administration) to
establish a mechanism to make helicopter noise complaint data
accessible to the Administration, helicopter operators
operating in the D.C. area, and the public through a website of
the Administration.
This section also requires helicopter operators operating
in the D.C. area to provide helicopter noise complaint data to
the Administration through the process developed under this
section.
TITLE V: AVIATION SAFETY
Subtitle A--General Provisions
Sec. 501. Zero Tolerance for Near Misses, Runway Incursions, and
Surface Safety Risks.
This section expands the aviation policy of the United
States to expressly include aviation-related projects,
activities, and actions as being important in improving the
ground operations of aircraft at airports, and requires the FAA
to continuously track and evaluate both ground and air traffic
activity and incidents at and around airports to mitigate and
reduce such incidents from occurring.
This section requires the FAA to establish the Runway
Safety Council to develop strategies to address safety risks of
ground operations at airports. This section also requires the
FAA to identify and deploy technologies, equipment, and
systems, such as surface surveillance and detection systems, to
enhance the safety of ground operations at all medium hub
airports, large hub airports, and other airports that lack
airport surface surveillance capabilities and may need such
capabilities.
Sec. 502. Global Aviation Safety.
Subsection (a) of this section establishes the rationale
for FAA's international presence--providing technical
assistance to civil aviation authorities, encouraging the
adoption of United States standards and policies, maintaining
an aviation regulatory environment that supports the safe
travel of Americans abroad, supporting United States
manufacturers pursuing validation of aerospace products and new
markets, and managing bilateral aviation safety agreements with
foreign countries.
Subsection (b) requires the FAA to develop a means by which
to review the effectiveness of its international offices in
executing the mission of the agency and the adequacy of the
resources needed for such a mission. This subsection also
requires the FAA Administrator to establish new offices based
on any identified gaps. In performing the review, the Committee
expects the FAA Administrator will consider the need for an
international office in Ethiopia near the headquarters of the
African Union Commission and in Indonesia where the country has
seen passenger counts increase by more than 50 percent from
2013 to 2019.
Subsection (c) defines the purpose of multilateral and
bilateral aviation safety agreements (BASA) and includes in
such purpose: the harmonization of requirements and processes
to the benefit of aviation safety and the United States
aerospace industry; the ability to update BASAs to include new
technologies and aerospace users; and procedures for holding
foreign aviation authorities accountable for adherence to
BASAs. This subsection also requires the DOT OIG to audit the
extent to which the United States and other foreign civil
aviation authorities comply with BASAs as they pertain to
validating aerospace products. The Committee expects FAA will
seek to update, with relevant authorities, existing BASAs to
include at a minimum the operation of unmanned aircraft systems
and powered-lift aircraft as well as the certification and
validation of such systems and aircraft.
Lastly, subsection (d) requires that the FAA Administrator
establish a strategic plan for international engagement which
includes maintaining metrics to measure the effectiveness of
and compliance with BASAs.
Sec. 503. Availability of Personnel for Inspections, Site Visits, and
Training.
This section instructs the FAA Administrator and the DOT
Secretary to delegate the authority to authorize travel for
certain employees to appropriate supervisors of the
Administration, without additional approvals. Travel authorized
under this section shall be for the purpose of promoting civil
aeronautics and safety of air commerce both domestically and
internationally.
The Committee expects that the DOT Secretary and FAA
Administrator will reduce the burden of getting travel approved
and that personnel of the Administration will increase their
site visits and participation in in-person conferences and
meetings.
Sec. 504. Helicopter Air Ambulance Operations.
This section repeals an outstanding rulemaking activity
that is duplicative with other regulatory and oversight actions
taken by the FAA regarding helicopter air ambulance operations.
This section requires the FAA to inform Congress on how
specific risks to air ambulance operations will be captured
under their Safety Management System (SMS) programs.
This section also requires the FAA to more routinely
publish air ambulance safety information on the FAA's website.
Sec. 505. Global Aircraft Maintenance Safety Improvements.
This requires that all foreign aircraft repair stations be
subject to at least one unannounced safety inspection each year
and sets forth minimum qualifications for mechanics and others
working on United States registered aircraft at foreign repair
stations.
This section also directs the FAA to convene a foreign
repair station working group with other civil aviation
authorities to conduct a review of the certification and
oversight of the stations and to identify any future
enhancements to strengthen oversight of such stations.
This section further requires that rules mandated in the
FAA Extension, Safety, and Security Act of 2016 on drug and
alcohol testing and a threat assessment of employees at foreign
repair stations are implemented.
Sec. 506. ODA Best Practice Sharing.
This section directs the FAA's Organization Designation
Authorization (ODA) Oversight Office to convene a forum for ODA
holders, unit members, and other organizational representatives
not less than every two years to share best practices and
foster open and transparent communication between
Administration safety specialists, ODA holders, and unit
members.
Sec. 507. Training of Organization Delegation Authority Unit Members.
This section mandates that approved ODA holders have a
recurrent training program for all ODA unit members. The
training program established in this section shall cover unit
members' professional obligation and responsibilities, the ODA
holder's code of ethics, and procedures for reporting safety
concerns.
This section also requires the FAA ODA Office to review
each ODA holder's recurrent training program to ensure it
covers all topics required under this section.
In addition, this section requires that ODA unit members
complete ethics training within 60 business days of being
designated as an ODA unit member. ODA unit members authorized
to perform delegated functions under an ODA prior to the
establishment of the training program must complete the
training no later than 30 days after such training course is
approved by the FAA Administrator and annually thereafter.
Sec. 508. Clarification on Safety Management System Information
Disclosure.
This section clarifies that a report, data, or other
information submitted for any purpose relating to the
development, implementation, and use of a safety management
system, including a system required by regulations, that is
acceptable to the FAA Administrator, may not be disclosed to
the public by the FAA Administrator.
Sec. 509. Extension of Aircraft Certification, Safety, and
Accountability Act Reporting Requirements.
This section extends the reporting requirements in the
Aircraft Certification, Safety, and Accountability Act through
2028.
Sec. 510. Don Young Alaska Aviation Safety Initiative.
This section renames the FAA Alaska Aviation Safety
Initiative as the ``Don Young Alaska Aviation Safety
Initiative'' and sets forth objectives to work cooperatively
with aviation stakeholders towards the goal of reducing the
rate of fatal aircraft accidents by 90 percent from 2019-2033
and eliminating fatal accidents of commercial aircraft by 2033
in Alaska, Hawaii, and the territories of the United States.
Furthermore, the section designates the Regional Administrator
for the Alaskan Region of the Administration to serve as the
Director of the Initiative and requires the Director to build
upon the existing initiatives of the FAA Alaska Aviation Safety
Initiative.
This section also directs the FAA Administrator to ensure
installation and operation of automated weather reporting
systems and the reliability and availability of information
from those systems. Further, it directs the FAA Administrator
to deploy visual weather observation systems and continue to
assess the state of weather camera systems. This also requires
the FAA Administrator to encourage and incentivize equipage of
automatic dependent surveillance broadcast out equipment on
commercial aircraft operating in the covered locations.
Finally, this section allows the FAA Administrator to
consider hiring locally for safety critical FAA position in the
covered locations if the FAA Administrator has determined there
are unique circumstances affecting the ability to hire for
those positions. It also directs the FAA Administrator to take
such actions as may be necessary to implement NTSB
recommendations A-22-25 and A-22-26, in coordination with
various Alaska stakeholders.
Sec. 511. Continued Oversight of FAA Compliance Program.
This section requires the FAA Administrator to continue the
agency-wide evaluation to assess the functioning and
effectiveness of the Compliance Program and directs the FAA
Administrator to determine the need for long term metrics, if
the program ensure the highest level of compliance with safety
standards, and if the program has met its stated safety goals
and purpose.
Sec. 512. Scalability of Safety Management Systems.
This section directs the FAA Administrator, in conducting a
rulemaking to require, or implementing a regulation requiring a
safety management system, to consider the scalability of such
safety management system requirements to the full range of
entities in terms of size or complexity.
Sec. 513. Finalize Safety Management System Rulemaking.
This section directs the Administrator to issue a final
rule on the SMS notice of proposed rulemaking (NPRM) no later
than 180 days after the enactment of this Act. This section
also requires the SMS NPRM to apply to all certificate holders
operating under the rules for part 135 or section 91.147 of
title 14, Code of Federal Regulations, as well as certain
production and type certificate holders under part 21 of title
14, Code of Federal Regulations.
Sec. 514. Improvements to Aviation Safety Information Analysis and
Sharing.
This section would require the FAA to implement
improvements to the Aviation Safety Information Analysis and
Sharing program with respect to safety data sharing and risk
mitigation. Required improvements include developing predictive
capabilities to anticipate emerging safety risks, establishing
a robust process for prioritizing request for safety
information, and identifying industry segments not yet included
in the program.
Sec. 515. Improvement of Certification Processes.
This section directs the FAA to continually evaluate and
improve the process by which they coordinate with, respond to,
and consider aircraft certification applications.
This section also requires that the FAA contract with a
qualified third-party organization or consortium to evaluate
the use of digital tools and software systems that allow for
near-real-time and virtual evaluation of an applicant's design,
associated documentation, and software or systems products,
including the use of digital three-dimensional formats and
model-based systems engineering design techniques.
This section requires that the FAA review any
recommendations, pursue the implementation of any recommended
solutions, and issue updates to guidance and policy documents
in order to integrate the use of such solutions.
Sec. 516. Instructions for Continued Airworthiness Aviation Rulemaking
Committee.
This section requires that the FAA convene an Aviation
Rulemaking Committee (ARC) on instructions for continued
airworthiness (ICA).The ARC will evaluate related regulations
and guidance material for clarity, the sufficiency of safety
and maintenance data used to prepare ICA, the protection of
intellectual property, and the harmonization of FAA's ICA with
those of their peer authorities. This section was amended by
the Committee to ensure that the ARC would not consist of a
majority viewpoint regarding the accessibility of ICA.
This section requires the FAA to update such regulations
and guidance material to address the recommendations from the
ICA ARC.
Sec. 517. Clarity for Supplemental Type Certificate Requirements.
This section requires the FAA to clarify when a major
alteration requires a Supplemental Type Certificate (STC) and
when a change can be approved using FAA approved engineering
data. The Committee believes that entities considering
alterations should be able to reasonably predict whether an STC
will be required and that district offices should be able to
confidently and accurately make such determinations in most
cases.
Sec. 518. Use of Advanced Tools in Certifying Aerospace Products.
This section requires the FAA to study and consider the use
of advanced tools (including simulation, integrated test
facilities, laboratories, and remote piloting) during flight
testing of aviation products to reduce the risk to test pilots
and more adequately test the limits of such products,
particularly when such tests are done more than once--in
company testing and then FAA testing.
This section requires the FAA to issue a report on the
results of the assessment and the FAA's plans to implement such
findings.
Sec. 519. Transport Airplane and Propulsion Certification
Modernization.
This section requires the FAA to publish a draft rule on
transport airplane and propulsion certification modernization
which the agency added to its regulatory agenda in 2022. This
rule further harmonizes the certification requirements for
transport category aircraft with the European Union Aviation
Safety Agency (EASA), codifies common special conditions, and
addresses other recommendations of the Aviation Rulemaking and
Advisory Committee.
Sec. 520. Engine Fire Protection Standards.
This section requires that the FAA review and compare their
application of international airworthiness standards for engine
firewalls with the requirements of other civil aviation
authorities.
Sec. 521. Risk Model for Production Facility Inspections.
This section requires the FAA to conduct a review of the
risk-based model used by FAA certification management offices
to inform the frequency of aircraft manufacturing or production
facility inspections and update the model to ensure it accounts
for risk during periods of increased production.
Sec. 522. Secondary Cockpit Barriers.
This section requires the FAA Administrator to convene an
Aviation Rulemaking Committee to review and develop findings
and recommendations to require installation of a secondary
cockpit barrier on certain commercial aircraft not covered by
any current rules, including the final rule issued recently
mandating secondary barriers for certain new aircraft
manufactured for delivery.
Sec. 523. Review of FAA Use of Aerospace Safety Data.
This section requires that the FAA enter into an agreement
with a qualified third-party organization or consortium to
review what data the FAA has, how that data is stored and used,
and whether the data is complete and useful for the purposes of
identifying safety trends and addressing identified risks.
This section requires that the FAA develop and implement a
plan based on any recommendations and work with the qualified
third-party organization or consortium to implement such plans.
Sec. 524. Part 135 Duty and Rest.
This section requires the FAA to address two
recommendations from the Part 135 Pilot Rest and Duty Aviation
Rulemaking Committee (ARC). Specifically, it requires the FAA
to limit the use of ferry flights beyond reasonable duty times,
and update policy and guidance on record keeping for part 135
operators. The section further requires the FAA Administrator
to ensure that part 135 operators are considering the risk of
ferry flights and inadequate flight crew record keeping
requirements in their mandated safety management systems.
Sec. 525. Cockpit Voice and Video Recorders.
This section would require the FAA Administrator to
complete a rulemaking to require scheduled air carriers to be
equipped with a cockpit voice recorder and flight data recorder
capable of recording the most recent 25 hours of data no later
than four years after the date of enactment of this Act.
Furthermore, this section prohibits any person from erasing or
tampering with any recording on such recorders following an
aircraft accident or incident, requires that such cockpit voice
recorder has the capability for an operator to use an erasure
feature, requires that the manufacturer or the National
Transportation Safety Board have access to the software
necessary to extract deleted recording data, and require that
data on such recorders is not disclosed for uses other than
accident or incident investigation purposes.
Finally, this section prohibits cockpit voice recorder
recordings from being used by the FAA Administrator or any
employer for any certificate action, civil penalty, or
disciplinary proceedings against flight crew members.
Sec. 526. Flight Data Recovery from Overwater Operations.
This section requires the FAA Administrator to direct the
Aviation Rulemaking and Advisory Committee to provide consensus
recommendations for the equipage of flight data recovery for
aircraft operated by scheduled air carriers for extended
overwater operations. Furthermore, this section requires the
FAA Administrator to initiate a rulemaking based on such
consensus recommendations, if determined appropriate, no later
than one year after receiving any recommendations. Finally, if
the FAA Administrator decides not to issue a rulemaking, they
must provide a briefing to Congress on the justification for
such a decision.
Sec. 527. Emergency Medical Equipment on Passenger Aircraft.
This section requires the FAA Administrator to review and,
as appropriate, update regulations regarding emergency medical
equipment requirements, and the training required for flight
crew for such emergency medical equipment, for scheduled air
carriers. Further, this section requires the FAA Administrator
to consider the benefits and costs of requiring scheduled air
carriers to include new medications and equipment in approved
emergency medical kits. Furthermore, it requires the FAA
Administrator to consider whether the current requirements for
minimum contents of emergency medical kits include appropriate
medications to address the emergency medical needs of children
and pregnant women, opioid overdose, anaphylaxis, and cardiac
arrest. Finally, this section requires the FAA Administrator to
consult with associations representing aerospace medical
professionals when conducting the review.
Sec. 528. Navigation Aids Study.
This section requires the DOT OIG to examine the effects of
potentially reclassifying navigation aids from Design Assurance
Level-B to Design Assurance Level-A including the cost-benefit,
risks, and necessity of such potential reclassification.
Sec. 529. Remote Towers.
This section directs a third party to study: (1) the remote
tower pilot program established under the FAA Reauthorization
Act of 2018; and (2) remote tower technology in existence as of
the date of enactment of this Act. It also directs the FAA to
establish certification and operational approval processes for
such technology, for use primarily at non-towered, public-use
airports.
Sec. 530. Weather Reporting Systems Study.
This section requires the Comptroller General to examine
how to improve the procurement, functionality, and
sustainability of weather reporting systems to improve the
resiliency of weather reporting systems, and to assess
alternative means to weather reporting systems that would
suffice in obtaining accurate weather data and information.
Sec. 531. GAO Study on Expansion of the FAA Weather Camera Program.
This section directs Comptroller General to conduct a study
on the feasibility and potential safety benefits of expanding
the Weather Camera Program of the FAA to locations in the
United States that lack weather camera services.
Sec. 532. Study on Aviation Safety in Era of Wireless Connectivity.
This section mandates the FAA Administrator enter into an
agreement with the National Academies to study potential
conflicts between uses of radio spectrum by aviators and
wireless telecommunications network.
Sec. 533. Ramp Worker Safety Call to Action.
This section directs the FAA Administrator to initiate a
Call to Action to bring stakeholders together to share best
practices and implement actions to address airport ramp worker
safety.
Sec. 534. Safety Data Analysis for Aircraft Without Transponders.
This section directs the FAA Administrator, in coordination
with the NTSB Chairman, to collect and analyze data relating to
accidents and incidents involving aircraft exempt from air
traffic control transponder and altitude reporting equipment
and use requirements. It also directs the FAA Administrator, if
appropriate, to develop recommendations on how to reduce the
number of incidents and accidents associated with such
aircraft.
Sec. 535. Crash-Resistant Fuel Systems in Rotorcraft.
This section directs the FAA Administrator to task the
Aviation Rulemaking Advisory Committee (ARAC) to review and
update the 2018 report of the Rotorcraft Occupation Protection
Working Group by reviewing NTSB data from 2016-2023 on post-
crash fires in helicopter accidents and determining to what
extent crash-resistant fuel systems could have prevented
fatalities.
In addition, the ARAC shall develop recommendations to
encourage helicopter owners and operators to expedite
installation of crash-resistant fuel systems regardless of
original certification and manufacture date, and requires the
FAA to implement recommendations or work with the United States
Helicopter Safety Team, as appropriate, to implement
recommendations.
Sec. 536. Reducing Turbulence on Part 121 Aircraft Operations.
This section directs the FAA Administrator to review and
implement, as appropriate, the recommendations by the Chair of
the NTSB in the ``Preventing Turbulence-Related Injuries in Air
Carrier Operations Conducted Under Title 14 Code of Federal
Regulations Part 121'' report issued on August 10, 2021.
This section also mandates the FAA Administrator submit to
the appropriate Committees of Congress a report detailing the
status of the recommendations made in the safety report. If the
FAA Administrator does not implement any of the recommendations
made in the safety report, the report to Congress shall contain
a description of why such recommendations were not implemented.
Sec. 537. Study on Radiation Exposure.
This section directs the FAA Administrator to enter into an
agreement with the National Academies to conduct a study on
radiation exposure onboard various aircraft types operated
under Part 121 of title 14, Code of Federal Regulations.The
section requires a report to Congress with recommendations.
Sec. 538. Deterring Crewmember Interference.
This section directs the FAA Administrator to convene a
task force to develop standards and best practices relating to
suspected violations in interference with cabin or flight crew,
security screening personnel, or flight attendants. The task
force convened under this section shall be comprised of air
carriers, airport sponsors and airport law enforcement
agencies, and labor organizations representing air carrier
pilots, flight attendants, and customer service representatives
employed by air carriers.
This section also requires the FAA Administrator to take
such actions necessary to brief passengers before takeoff that
it is against Federal law to assault or threaten to assault any
individuals onboard an aircraft or interfere with duties of a
crewmember.
Sec. 539. Cabin Temperature Standards.
This section directs the FAA Administrator to review
existing standards produced by industry standards organizations
on safe cabin air temperature and assess their validity. If the
FAA Administrator determines there is not an appropriate
standard to determine unsafe temperatures onboard aircraft, the
FAA Administrator may enter into an agreement with the National
Academies to conduct a study and provide recommendations to
address unsafe cabin temperatures.
Sec. 540. Cabin Air Quality.
This section directs the FAA Administrator to develop a
standardized system for flight attendants, pilots, and aircraft
maintenance technicians of air carriers to voluntarily report
fume events onboard passenger-carrying aircraft.
This section further requires the FAA Administrator to
enter into an agreement with the National Academies to study
and issue recommendations pertaining to cabin air quality and
any risk of, and potential for, persistent and accidental fume
events.
Sec. 541. Evacuation Standards for Transport Category Airplanes.
This section requires the FAA Administrator to task the
ARAC with reviewing and proposing updates to the evacuation
requirements for commercial aircraft and requires the
Administrator to issue a final rule not later than 18 months
after the date of enactment based on the recommendations
provided by the ARAC.
Sec. 542. Lithium-Ion Powered Wheelchairs.
This section requires the DOT Secretary to task the Air
Carrier Access Act Advisory Committee, in consultation with the
Administrator of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), to conduct a review of regulations,
standards and air carrier policies regarding lithium-ion
battery powered wheelchairs and mobility aids. The Committee
will provide recommendations to the DOT Secretary to ensure the
safe transport of such wheelchairs and mobility aids in
aviation. Furthermore, this section also requires the DOT
Secretary to notify an air carrier if they do not have a policy
pertaining to lithium-ion battery powered wheelchairs and
mobility aids in effect.
Sec. 543. National Simulator Program Policies and Guidance.
This section directs the FAA Administrator to review
relevant policies and guidance (including all advisory
circulars, information bulletins, and directives) pertaining to
the National Simulator Program. In conducting the review, the
FAA Administrator should consult with representatives of air
carriers, flight schools, training centers, and manufacturers
and suppliers of flight simulation training devices.
Following the completion of the review, the Administrator
shall update, at a minimum, the following advisory circulars:
Advisory Circular 120-40B, Advisory Circular 120-45A, Advisory
Circular 120-50A, and Advisory Circular 120-63, each of which
was issued in the 1990s.
Sec. 544. GAO Study on the FAA's National Simulator Program.
This section directs the Comptroller General to study the
FAA's National Simulator Program to assess how the program
accounts for advancements in technologies pertaining to flight
training simulators, the workforce of the Administration tasked
with carrying out and supporting the program, and how the
program engages with relevant aviation stakeholders. Not later
than 18 months after the enactment of this Act, GAO shall
submit a report to Congress on its findings.
Sec. 545. GAO Study on FAA Alignment with Best Available Technologies
and Standards.
This section tasks Comptroller General to conduct a study
on the incorporation of best available technologies into the
FAA to increase aviation safety and improve the health and
safety of aviation workers. The study shall examine the degree
to which the FAA Administrator is enabling the use of
technologies used by other air navigation service providers to
meet ICAO standards and identify any barriers to the adoption
of such technologies.
Sec. 546. Advanced Simulation Training.
This section allows a person applying for an airline
transport pilot (ATP) certificate to 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. To be eligible to
obtain the additional 150 hours, a person must have completed
the hours as part of a FAA approved training course and outside
of a restricted-ATP pathway.
This section requires the FAA Administrator to issue a
final rule within two years to update the appropriate
regulations to reflect changes made by this section. The FAA
Administrator is required to consult with the Air Carrier
Training Aviation Rulemaking Committee in developing the
required rulemaking and in evaluating whether the additional
150 hours may be accrued in a full flight simulator that
provides three-degrees of freedom of motion.
Sec. 547. Incremental Safety Improvement.
This section allows the FAA Administrator to consider and
approve incremental aircraft design change requests when such a
change would improve safety and does not address all non-
compliant conditions. This section also specifically enumerates
that such changes do not alleviate a certificate holder from
addressing all non-compliances.
Subtitle B--Aviation Cybersecurity
Sec. 571. Findings.
This section declares the findings of Congress that the FAA
is tasked with the responsibility of regulating the protection
against cyber threats that affect aviation safety and the safe,
secure, and efficient operation of air navigation services and
airspace management.
Sec. 572. Aerospace Product Safety.
This section prescribes that the FAA Administrator is
responsible for prescribing regulations and minimum standards
for cybersecurity in air commerce. It further provides that the
FAA Administrator, in consultation with other agencies, shall
have the exclusive rulemaking authority to prescribe
regulations for purposes of assuring the cybersecurity of
aircraft and related components.
Sec. 573. Federal Aviation Administration Regulations, Policy, and
Guidance.
This section directs the FAA Administrator to establish a
cybersecurity threat management process to protect the national
airspace system from cyber incidents. In establishing such a
process, the Administrator will monitor, track, and evaluate
the national airspace system cyber environment for cyber
incidents to respond to such incidents, as appropriate.
Sec. 574. Civil Aviation Cybersecurity Rulemaking Committee.
This section directs the FAA Administrator to conduct
rulemaking proceedings to establish civil aviation
cybersecurity standards. In working towards such proceedings,
the Administrator will establish an aviation rulemaking
committee to develop recommendations on civil aviation
cybersecurity standards.
TITLE VI: AEROSPACE INNOVATION
Subtitle A--Unmanned Aircraft Systems
Sec. 601. Definitions.
This section further defines an actively tethered unmanned
aircraft system (UAS) to require that such systems maintain
safe flight in the event of a power or flight control failure
while in-flight, while also requiring such systems be
programmed to initiate a controlled landing in the event the
tether of an actively tethered unmanned aircraft system
separates from the unmanned aircraft component of such system.
Sec. 602. Unmanned Aircraft System Test Ranges.
This section directs the FAA Administrator to carry out a
program for testing and evaluation activities at unmanned
aircraft system test ranges in furtherance of the safe
integration of UAS into the national airspace system.
This section allows the FAA Administrator to establish
nonregulatory special use airspace areas, similar to military
operations areas and alert areas, to separate and segregate
certain unmanned aircraft system testing and evaluation
activities from instrument flight rules traffic and to identify
for visual flight rules traffic locations where such activities
are conducted.
This section also directs the FAA Administrator to use the
UAS test ranges, as necessary, for testing and evaluation of
counter-UAS systems and solutions.
Sec. 603. Unmanned Aircraft in the Arctic.
This section expands the permitted use of UAS operations in
the Arctic to include unmanned aircraft that are 55 pounds or
greater.
Sec. 604. Public Safety Use of Tethered UAS.
This section expands the statutory requirements of
operating a public actively tethered UAS to non-governmental
public safety organizations carrying out public safety
operations with actively tethered UAS. This section further
clarifies that actively tethered UAS operations shall not be
operated greater than 150 feet above ground level, unless
granted prior authorization from the FAA Administrator.
Sec. 605. Special Authority for Unmanned Aircraft Systems.
This section transfers the special authority granted under
section 44807 of title 49, United States Code, from the DOT
Secretary to the FAA Administrator. Further, this section
directs the Administrator to determine how UAS may operate
safely in the national airspace system using a risk-based
approach in making such determinations.
This section requires the FAA Administrator to establish
requirements for UAS that may operate safely in the national
airspace system, as determined under this section. In
establishing such requirements, this section directs the FAA
Administrator to take into consideration mitigation measures
used by such systems while operating exclusively within the
airspace of a Mode C Veil.
This section also explicitly limits its applicability to
UAS that do not have established regulations applicable to a
proposed operation of such systems.
Sec. 606. Recreational Operations of Drone Systems.
This section permits the FAA Administrator to authorize
recreational unmanned aircraft to fly above 400 feet within
Class G airspace at fixed sites. This section also directs the
FAA Administrator to prioritize FAA Recognized Identification
Area (FRIA) requests submitted for fixed sites.
Sec. 607. Airport Safety and Airspace Hazard Mitigation and
Enforcement.
This section extends authorities of the FAA's Airport
Safety and Airspace Hazard Mitigation and Enforcement program,
which was established under sec. 383 of the FAA Reauthorization
Act of 2018, from 2023 to 2028.
Sec. 608. Applications for Designation.
This section removes the requirement for the FAA
Administrator to consider locations that may warrant
prohibitions or restrictions of UAS operations in close
proximity to a fixed site facility.
This section expands sites to be considered under this
section to state correctional facilities and eligible outdoor
gatherings. Lastly, this section requires the FAA Administrator
to publish a NPRM related to the section by March 1, 2024, with
the requirement to publish a final rule no later than 16 months
after the NPRM.
The Committee expects the FAA to leverage existing TFR
processes to restrict flights over eligible outdoor gatherings.
It is not the Committee's expectation that the Agency's
existing rulemaking efforts be expanded to consider eligible
outdoor gatherings.
Sec. 609. Beyond Visual Line of Sight Rulemaking.
This section mandates the FAA Administrator to issue at
least one NPRM no later than four months after the date of
enactment of this Act, with at least one final rule no later
than 16 months after the date of enactment of this Act, for UAS
to operate beyond visual line-of-sight (BVLOS) and primarily at
or below 400 feet above ground level. The rulemakings require
the FAA to address airworthiness standards for unmanned
aircraft, standards for associated elements of such aircraft,
and how remote pilots of such aircraft will be qualified to
operate such UAS. Additionally, this section enables the FAA
Administrator to ensure the compliance of such standards and
qualifications through the use of third-party compliance
services.
Further, this section requires the FAA Administrator to
enable UAS operations for agricultural purposes under a
rulemaking, along with the establishment of protocols for
networked information exchange, including network-based remote
identification for BVLOS operations.
Until the FAA Administrator publishes the final rulemaking
required under this section, the Administrator is directed to
use the authorities granted section 44807 of title 49, United
States Code, to authorize BVLOS UAS operations.
Sec. 610. UAS Traffic Management.
This section allows the FAA Administrator to enter into
agreements for UAS stakeholders to provide unmanned aircraft
system traffic management (UTM) capabilities or services for
advanced UAS operations, including BVLOS operations, one-to-
many operations, and aircraft-to-aircraft communications. This
section also directs the FAA Administrator to establish and
publish UTM standards. Furthermore, the section directs the FAA
Administrator to brief Congress on the implementation of the
requirements under this section.
Sec. 611. Radar Data Pilot Program.
This section directs the Administrator, in coordination
with the DOD Secretary and other relevant Federal agencies, to
establish a pilot program to make airspace data feeds
containing classified or controlled unclassified information
available to qualified users. In this section a qualified user
means an entity authorized to receive airspace data feeds
containing classified of controlled unclassified information).
This section sunsets on October 1, 2028. Furthermore, the
section directs the FAA Administrator to brief Congress on the
pilot program.
Sec. 612. Electronic Conspicuity Study.
This section directs the Comptroller General to study
technologies and methods for UAS to detect and avoid manned
aircraft that may lawfully operate below 500 feet above ground
level. The study requires the Comptroller General to consult
with aviation stakeholder representatives, and to report to
Congress on the findings of such study.
Sec. 613. Remote Identification Alternative Means of Compliance.
This section directs the FAA Administrator to review and
evaluate the final rule titled ``Remote Identification of
Unmanned Aircraft'' issued on January 15, 2021. In reviewing
the final rule, the FAA Administrator shall determine the
feasibility and advisability of whether UAS manufacturers and
operators can meet the intent of the final rule through
alternative means of compliance, including network-based remote
identification.
Sec. 614. Part 107 Waiver Improvements.
This section directs the FAA Administrator to use a
performance- and risk-based approach in reviewing waiver
requests under part 107 of title 14, Code of Federal
Regulations. In reviewing waiver requests submitted under part
107, the FAA Administrator is directed to improve the review
process, to include not requiring the use of open-ended prompts
for requesters to complete where waiver request factors and
variables can be standardized. The only time open-ended prompts
may be required is for unusual or irregular operations.
This section also requires the FAA Administrator to
recognize the safety enhancements of controlled access to
property over which an unmanned aircraft flies in assessing
whether to approve a waiver.
Additionally, this section directs the FAA Administrator to
publish all certificates of waiver and to consider the
precedential value of previously approved waivers under part
107 in assessing and approving subsequent waiver requests.
Sec. 615. Acceptable Levels of Risk and Risk Assessment Methodology.
This section requires the FAA Administrator to establish
acceptable levels of risk, and a risk assessment methodology
for such levels of risk, to be used in conducting UAS
operations. The risk assessment methodology will be used to
assist remote pilots in mitigating risk for specific operations
and should consider when, where, and how the operation will
take place, to include consideration of the nature of detect
and avoid mitigation measures.
Sec. 616. Environmental Review.
This section requires the FAA Administrator to publish
environmental review guidance specific to UAS and their
operations. The purpose of this guidance is to streamline the
assessments of required environmental reviews at a programmatic
level, including conducting such assessments in tandem with
other required reviews associated with UAS operations.
This section also requires the FAA Administrator to
establish criteria and standards metrics for determinations
around an unmanned aircraft's airworthiness in conjunction with
part 36 in title 14, Code of Federal Regulations, including
definitive standards for any potential noise impacts and visual
impacts related to UAS operations. This section also grants the
FAA Administrator relief from the requirement to conduct noise
certification for UAS prior to the development of criteria and
standards.
Sec. 617. Carriage of Hazardous Materials.
This section directs the FAA Administrator, in coordination
with the PHMSA Administrator, to revise processes and put in
place special conditions or waivers in operational approvals to
allow for the carriage of certain hazardous materials by UAS
weighing less than 100 pounds and carrying less than 10 pounds
gross weight of limited quantity cargo.
This section also directs the DOT Secretary to revise
requirements, guidance, and regulations to allow for the
carriage of a de minimis amount of hazardous materials. The
Secretary must consider if the hazardous materials are a
consumer commodity, whether the materials pose an unreasonable
risk to health, safety, or property, and the altitude at which
the operations are conducted.
The DOT Secretary must also establish a process by which an
individual can petition the Secretary to establish or revise a
de minimis amount of hazardous materials.
Sec. 618. Unmanned Aircraft System Use in Wildfire Response.
This section directs the FAA Administrator, in coordination
with the United States Forest Service, other Federal agencies
and Federal contractors, to develop a plan on the use of UAS by
public entities in wildfire response efforts, including
wildfire detection, mitigation, and suppression.
The plan, under this section, shall designate areas with a
high potential for wildfires where unmanned aircraft systems
may operate BVLOS in fire detection, mitigation, and
suppression efforts. In addition, the plan shall include a
process to facilitate the safe and efficient operation of UAS
in wildfire response. The plan, developed under this section,
shall be submitted to Congress, and published on a publicly
available website of the FAA.
Lastly, this section directs the FAA Administrator to enter
into an agreement to provide a liaison to the National
Interagency Fire Center to facilitate unmanned aircraft systems
wildfire response.
Sec. 619. Pilot Program for UAS Inspections of FAA Infrastructure.
This section requires the DOT Secretary to initiate a pilot
program to supplement DOT oversight and inspection activities
with UAS, including the inspection of ground-based aviation
infrastructure, to increase employee safety, enhance data
collection, improve the accuracy of inspections, and reduce the
costs associated with such inspections.
Upon the conclusion of the pilot program, the DOT Secretary
is required to assess the results of the program and
incorporate any benefits of using UAS into DOT's routine
activities, to include such activities related to the regular
inspection of ground-based aviation infrastructure.
Sec. 620. Drone Infrastructure Inspection Grant Program.
This bill establishes a $50 million DOT grant program to
support the use of drones when inspecting, repairing, or
constructing critical infrastructure. Under this program, the
DOT Secretary must award grants to state, tribal, and local
governments; metropolitan planning organizations; or groups of
those entities to purchase and use drones to increase
efficiency, reduce costs, improve worker and community safety,
reduce carbon emissions, or meet other priorities related to
critical infrastructure projects through the use of drones.
Grant recipients must use domestically manufactured drones that
are made by companies not subject to influence or control from
certain foreign entities, including China and Russia.
Sec. 621. Drone Education and Workforce Training Grant Program.
This section directs the DOT Secretary to establish a $50
million drone education and training program to make grants
available to eligible educational institutionsfor training on
eligible small UAS technology.
Sec. 622. Drone Workforce Training Program Study.
This section tasks the Comptroller General to study the
effectiveness of the Collegiate Training Initiative Program for
Unmanned Aircraft Systems established in the FAA
Reauthorization Act of 2018. The Comptroller General shall
submit of a report to Congress detailing the findings of such
study and any recommendations to improve and expand the
Collegiate Training Initiative Program for Unmanned Aircraft
Systems.
Sec. 623. UAS Integration Office.
This section clarifies the authorities of the Executive
Director of the UAS Integration Office of the FAA to facilitate
matters related to UAS within the Administration and to provide
recommendations to lines of business within the Administration,
as necessary.
Sec. 624. Termination of Advanced Aviation Advisory Committee.
This section terminates the Advanced Aviation Advisory
Committee.
Sec. 625. Unmanned and Autonomous Flight Advisory Committee.
This section requires the FAA Administrator to establish
the Unmanned and Autonomous Flight Advisory Committee. The
Unmanned and Autonomous Flight Advisory Committee will assist
with advising the FAA Administrator on the technical challenges
related to the certification and operational standards of
highly automated aircraft among other related technical
matters. This new committee will be made up of representatives
from the UAS industry, community advocates, and certified
aviation labor unions. The Committee must submit an annual
report to Congress on its activities.
Sec. 626. NextGen Advisory Committee Membership Expansion.
This section expands the membership of the NextGen Advisory
Committee to include a representative from both the UAS and
powered-lift industries.
Sec. 627. Temporary Flight Restriction Integrity.
This section adds additional requirements the FAA
Administrator must ensure when issuing a temporary flight
restriction (TFR). When issuing a TFR, the FAA Administrator
shall ensure there is a specific and articulable safety or
security basis for the size and duration of the restriction.
Upon granting such a restriction, the FAA Administrator shall
immediately distribute such restriction to aircraft operators
through the Notice to Air Mission (NOTAM) system. Such notice
shall include the basis for the restriction and how a covered
person may operate lawfully within such restriction.
Sec. 628. Interagency Coordination.
This section includes a sense of Congress that the joint
DOD--FAA UAS Executive Committee (ExCom) has exceeded the scope
of activities and membership of the original intent and
taskings. These expansions have resulted in an imbalance in the
oversight of certain Federal entities in matters concerning
civil aviation safety and security.
This section also directs the FAA Administrator to revise
the charter of the ExCom to ultimately achieve the routine
access of DOD UAS into the National airspace system, and seek
to sunset the ExCom, in coordination with the DOD Secretary, no
earlier than two years after the date of enactment.
Sec. 629. Review of Regulations to Enable Unescorted UAS Operations.
This section directs the FAA Administrator, in coordination
with the DOD Secretary, to conduct a review of requirements
necessary to permit UAS operated by a Federal agency or an
armed service to operate in the National airspace system
without the need for an escort by a manned aircraft.
Sec. 630. UAS Operations over High Seas.
This section clarifies that UAS operations that begin and
end within the United States or territorial waters of the
United States shall not be considered international flight,
even if a flight enters airspace over international waters.
Sec. 631. Beyond BEYOND.
This section directs the FAA Administrator to extend the
existing BEYOND program, and no later than two years after the
end date of the program's extension, the FAA Administrator is
required to expand the BEYOND program to enable testing of
other new and emerging aviation concepts and technologies,
including concepts and technologies unrelated to UAS, to
ultimately inform policies, rulemaking, and guidance needed to
enable these new concepts and technologies.
Sec. 632. UAS Integration Strategy.
This section directs the FAA Administrator to implement the
recommendations made by GAO to the DOT Secretary in a report
titled ``Drones: FAA should Improve its Approach to Integrating
Drones into the National Airspace System'' issued in January of
2023. The recommendations call for the development of a
comprehensive drone integration strategy and for the FAA to
develop ways to more clearly communicate with drone operators.
In addition, the FAA Administrator shall also implement the
recommendation made by the DOT OIG 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 of 2022. Among
its recommendations, the DOT OIG calls for the agency to
establish goals, milestones, and performance measures for the
BEYOND program.
The FAA Administrator is required to brief the appropriate
committees of Congress on the status of such implementation
annually.
Sec. 633. Authorization of Appropriations for Know Before You Fly
Campaign.
This section authorizes $1,000,000 for each of the fiscal
years 2024 through 2028 for the educational campaign Know
Before You Fly. This campaign is intended to broaden the public
awareness of unmanned aircraft systems.
Sec. 634. Public Aircraft Definition.
This section broadens the definition of a public aircraft
to include aviation systems undergoing testing and evaluations
at an FAA-authorized UAS test range, infrastructure
inspections, or any other activity undertaken by a government
entity that the FAA Administrator determines is inherently
governmental.
Subtitle B--Advanced Air Mobility
Sec. 651. Definition.
This section defines ``powered-lift aircraft.''
Sec. 652. Powered-Lift Aircraft Rulemakings.
This section requiresthe FAA to publish a final interim
regulation for the operations of powered-lift aircraft by the
beginning of 2025.It is the expectation of the Committee that
in finalizing such rules, the FAA will provide a feasible
paradigm for powered-lift aircraft the FAA is in the process of
certifying.
Additionally, this section requires that the FAA initiate
additional rulemaking within five years, providing permanent
performance-based regulations for the certification and
commercial operations of powered lift aircraft.
If the FAA fails to meet the timeline for the publication
of an interim regulation, this section sets out specific
operating and training rules in order to provide the powered-
lift industry a means by which to operate and train personnel
until such time as the FAA produces the required regulations.
Sec. 653. Powered-Lift Aircraft Entry into Service.
This section requires the FAA to provide short-term and
long-term solutions for the safe integration of powered-lift
aircraft into the national airspace, including controlled
airspace. This section also requires that the FAA evaluate the
impact of such operations on air traffic controllers and the
use of other tools to support ATC.
Sec. 654. Sense of Congress on the Preparation for the Entry into
Service of Powered-Lift Aircraft.
This section expresses the sense of Congress that the FAA
should work with powered-lift aircraft manufacturers and
operators and other relevant stakeholders to prepare draft
manuals, pilot training programs, and operational documents
required to enter service in a timely manner.
Sec. 655. Infrastructure Supporting Vertical Flight.
This section requiresthe FAA to update the definitions in
regulation to include vertiports as a subclass of heliports,
include vertiport guidance into their Heliport Design Advisory
Circular, and sunset the FAA's Vertiport Engineering Brief once
the Heliport Design Advisory Circular is updated. Lastly, this
section requires that the FAA provide Airport District Offices
with adequate guidance to support the development of
vertiports, update relevant forms, and consider powered-lift
operations in operational forecasts.
Sec. 656. Charting of Aviation Infrastructure.
This section instructs the FAA to continue to improve the
accuracy of the Airport Master Record database and improve the
process by which the operators of private and public aviation
infrastructure can update database.
Sec. 657. Advanced Air Mobility Working Group.
This section extends the inter-departmental working group
established though the Advanced Air Mobility Coordination and
Leadership Act by six months and clarifies the intended scope
of such working group to cover urban and regional air mobility.
This section also makes technical corrections, definitional
edits, and expands the future uses of the working group if
determined valuable by the Secretary.
Sec. 658. Advanced Air Mobility Infrastructure Pilot Program Extension.
This section amends the Advanced Air Mobility
Infrastructure Pilot Program established in the Consolidated
Appropriations Act of 2023 to conform definitions with Sec. 657
of this Act. This section also clarifies that the consideration
of the use of existing infrastructure in concert with new
infrastructure is eligible under the grant program.
Lastly, this section expands the information collected by
the DOT Secretary under the pilot program and extends the
program for two years, through 2026.
Subtitle C--Other Provisions
Sec. 681. Report on National Spaceports Policy.
This section extends the report established under section
580(c)(3) of the FAA Reauthorization Act of 2018 until 2028.
Sec. 682. Intermodal Transportation Infrastructure Improvement Pilot
Program.
This section establishes a $20 million pilot grant program
with a dollar-for-dollar match to support launch and reentry
sites for commercial space transportation.
Sec. 683. Airspace Access for High-Speed Aircraft.
This section gives the FAA Administrator the authority to
establish high speed testing corridors and to ensure there is a
process in which manufacturers and operators of high-speed
aircraft can engage in flight testing of such high-speed
aircraft.
This section requires the FAA Administrator, in
coordination with the appropriate agencies, to conduct a study
to assess necessary actions to facilitate the integration and
operation of high-speed aircraft into the national airspace
system. In addition, this section requires the Administrator to
study how high-speed aircraft may be able to conduct operations
above the upper boundary of Class A airspace in a manner that
limits aircraft noise levels at ground level. Not later than
two years after the completion of the study, the FAA
Administrator shall issue an NPRM in the Federal Register to
permit flight operations with speeds above Mach 1 at or above
the altitude identified in the study under this section.
The Committee expects that as the FAA studies the
integration of hypersonic aircraft into the National Airspace
System that the FAA Administrator will consult with a variety
of stakeholders, including industry, labor, and air traffic
control.
Sec. 684. ICAO Activities on New Technologies.
This section directs the FAA Administrator to prioritize
engagement with ICAO to improve aviation safety and support the
entry-into-service of new forms of aviation.
This section further directs the FAA Administrator to
contribute to or lead ICAO efforts with respect to the
development of landing and take-off noise standards for
supersonic aircraft.
Sec. 685. AIP Eligibility for Certain Spaceport Infrastructure.
This section allows for airports that are also spaceports
to use AIP funds to repave the entire length and width of their
runway if there is a commercial space transportation need for
such size.
Sec. 686. Commercial Space Transportation Statistics.
This section directs the DOT Secretary to collect and
disseminate information on commercial space transportation
operations.
Sec. 687. Report on Certain Infrastructure Needs.
This section requires the DOT Secretary to submit a report
on the infrastructure needs at launch sites in rural
communities to Congress.
Sec. 688. Airspace Integration for Space Launch and Reentry.
This section states that it is the sense of Congress that:
(1) the safe and efficient use of the national airspace system
is of the utmost importance; (2) commercial aviation and space
launch and re-entry operations are vital to the United States
global leadership, economy, and national security; (3) aircraft
hazard areas are necessary during space launch (and re-entry)
operations to ensure public safety; and (4) the FAA
Administrator of the FAA should prioritize the development and
deployment of technologies that improve the visibility of space
launch operations and minimize the workload of air traffic
controllers charged with routing air traffic during such
operations.
This section authorizes $10 million dollars for each of
fiscal years 2024-2028 to expedite the development of
technologies that would assist with achieving operational
readiness no later than December 31, 2026.
TITLE VII: PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A--General Provisions
Sec. 701. Advertisements and Solicitations for Passenger Air
Transportation.
This section declares that it shall not be an unfair or
deceptive practice for an air carrier, foreign air carrier,
ticket agent, or other person offering to sell tickets for
passenger air transportation or a tour, or tour component, to
clearly and separately disclose government-imposed taxes and
fees associated with the air transportation from the total cost
of the air transportation when advertising or soliciting the
base air fare. The section also clarifies that nothing in this
section shall be construed to limit the DOT Secretary's ability
to regulate the disclosure of air carrier-imposed fees.
Section 702. Modernization of Consumer Complaint Submissions.
This section modernizes the air travel consumer complaint
process within the DOT by requiring the DOT Secretary to
maintain a website to accept such consumer complaint
submissions. Furthermore, it requires air carriers to provide
DOT consumer complaint submission information on their
websites.
Sec. 703. Codification of Consumer Protection Provisions.
This section codifies sections 429 and 434 of the FAA
Reauthorization Act of 2018 into chapter 417 of title 49,
United States Code with regards to passenger rights and airline
passengers with disabilities bill of rights.
Sec. 704. Extension of Aviation Consumer Protection Advisory Committee.
This section extends the authorization of the Aviation
Consumer Protection Advisory Committee at the DOT and adds
``ticket agents and travel management companies'' to the
Committee.
Sec. 705. Removal of Outdated References to Passengers with
Disabilities.
This section removes outdated references to passengers with
disabilities in title 49 of United States Code.
Sec. 706. Extension of Aviation Consumer Advocate Reporting
Requirement.
This section extends the requirement of the Aviation
Consumer Advocate at the DOT to submit an annual report to
Congress on complaints to, and recommendations of, the Aviation
Consumer Advocate.
Sec. 707. Air Carrier Access Act Advisory Committee.
This section reauthorizes the Air Carrier Access Act
Advisory Committee and includes manufacturers of wheelchairs
(including powered wheelchairs), and other mobility aids as a
member of such Committee.
Sec. 708. Passenger Experience Advisory Committee.
This section establishes the Passenger Experience Advisory
Committee within the DOT to advise the DOT Secretary and the
FAA Administrator in carrying out activities relating to the
improvement of the comprehensive passenger experience in air
transportation customer service.
Sec. 709. Streamlining of Offline Ticket Disclosures.
This section directs the DOT Secretary to take such actions
that 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.
Sec. 710. Ticket Agent Refund Obligations.
This section requires the DOT Secretary to clarify that a
ticket agent shall provide a refund to a passenger only if the
ticket agent possesses or has access to the funds of such
passenger.
Sec. 711. Updating Passenger Information Requirement Regulations.
This section tasks the Aviation Rulemaking Advisory
Committee at the FAA with reviewing regulations relating to
passenger information requirements for scheduled air carriers
and allows the Committee to make recommendations to update and
improve such regulations. Furthermore, this section requires
the FAA Administrator to issue a final rule six years following
the date of enactment of this Act revising passenger
information requirements for scheduled air carriers.
Sec. 712. Mobility Aids on Board Improve Lives and Empower All.
This section requires air carriers to publish on their
website relevant dimensions and other characteristics of the
cargo holds of all aircraft types operated by the air carrier,
while also allowing air carriers to protect the confidentiality
of any trade secret or proprietary information submitted.
This section also directs the DOT Secretary to require air
carriers to provide a refund to individuals with disabilities
who purchase a ticket to fly on a carrier but cannot travel
because the wheelchair of the individual cannot physically be
accommodated in the cargo hold of the aircraft and directs the
DOT Secretary to annually evaluate data regarding the
mishandling of wheelchairs on aircraft.
Additionally, this section requires the DOT Secretary to
develop a strategic plan to test and evaluate wheelchairs in
accordance with applicable FAA crashworthiness and safety
performance standards. Furthermore, it requires the DOT
Secretary to sponsor studies to assess the likely demand for
air travel by individuals with disabilities if they could
remain seated in personal wheelchairs during flight. Finally,
if determined to be technically feasible, the DOT Secretary
shall commence a study to assess the economic and financial
feasibility of air carrier and foreign air carriers
implementing seating arrangements that accommodate passengers
with wheelchairs in the main cabin during flight.
Sec. 713. Prioritizing Accountability and Accessibility for Aviation
Consumers.
This section requires the DOT Secretary to provide an
annual report on the disability-related aviation consumer
complaints filed with the DOT.
Sec. 714. Aircraft Accessibility.
This section directs the DOT Secretary to study and
evaluate improvements to transport category aircraft
accessibility and provide the results of the study and
evaluation, along with recommendations to address the findings,
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science
and Transportation of the Senate.
Sec. 715. Accessibility of Websites, Software Applications, and Kiosks
for Individuals with Disabilities.
This section requires the DOT Secretary, in consultation
with the United States Architectural and Transportation
Barriers Compliance Board (also known as the Access Board), to
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.
Sec. 716. Review of Methods to Report Flight Delay and Cancellation
Statistics.
This section requires the DOT Secretary, in consultation
with the FAA Administrator, to conduct a review of the means of
reporting flight delay and cancellation statistics to the DOT
Secretary. The DOT Secretary is required to coordinate and
collaborate with air carriers when conducting such review.
Sec. 717. Reimbursement for Incurred Costs.
This section requires the DOT Secretary to direct airlines
providing scheduled passenger service 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.
Sec. 718. Airline Operational Resiliency Plans.
This section directs the DOT Secretary to require a covered
air carrier to develop and regularly update an operational
resiliency strategy to prevent or limit the impact of future
flight disruptions on passengers.
Sec. 719. Family Seating.
This section directs the DOT Secretary to issue an NPRM 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 child who has not attained
the age of 14 years, adjacent to an accompanying adult at no
additional cost beyond the ticket price. This section also does
not allow the DOT 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.
Sec. 720. Seat Dimensions.
This section directs the FAA Administrator to initiate a
rulemaking on minimum dimensions for passenger seat sizes. If
the FAA Administrator determines a rulemaking is not necessary,
they shall brief the appropriate committees of Congress on such
decision.
Sec. 721. Improved Training Standards for Assisting Passengers Who Use
Wheelchairs.
This section directs the DOT Secretary to issue an NPRM to
develop minimum training standards for airline personnel and
contractors who assist passengers with disabilities using
wheelchairs with boarding or deplaning a commercial flight.
Airline personnel required to complete the training must do so
within 18 months and be recertified every 18 months. In
addition, airline personnel must be able to demonstrate the
following skills: safely using the aisle chair or other
boarding devices, assist in transferring a passenger to and
from their wheelchair, and the ability to effectively
communicate and take instructions from the passenger.
This section also requires the DOT Secretary, in producing
such a rule, to consider whether air carriers and foreign air
carriers should partner with national disability organizations
and/or disabled veterans' organizations. In addition, the DOT
Secretary shall consider if such personnel should receive
training from medical professionals on lifting disabled
passengers.
Lastly, this section directs the DOT Secretary to issue a
final rulemaking not later than 12 months after enactment and
gives the DOT Secretary the ability to assess civil penalties
in cases where air carriers and foreign air carriers fail to
meet the requirements.
Sec. 722. Training Standards for Stowage of Wheelchairs and Scooters.
This section directs the DOT Secretary to issue an NPRM not
later than six months after the date of enactment of this Act.
The rulemaking shall develop minimum standards for the stowage
of scooters and wheelchairs used by passengers with
disabilities. The standards developed under this section shall
apply to airline personnel and contractors who stow scooters
and wheelchairs onboard a commercial flight.
Airline personnel and contractors who stow scooters and
wheelchairs must complete training within 18 months and be
recertified every 18 months. In addition to the training
course, airline personnel and contractors must demonstrate the
ability to properly handle and configure wheelchairs and
scooters on each aircraft type operated by the air carrier,
properly review wheelchair or scooter information provided by
the passenger or manufacturer, and properly load, secure, and
unload wheelchairs and scooters (including how to use any
specialized equipment).
This section also requires the DOT Secretary, in producing
such a rule, to consider whether air carriers and foreign air
carriers ought to partner with national disability
organizations and/or disabled veterans' organizations,
wheelchair manufacturers, and aircraft manufacturers in
developing such training.
Lastly, this section directs the DOT Secretary to issue a
final rulemaking not later than 12 months after enactment and
gives the Secretary the ability to assess civil penalties in
cases where air carriers and foreign air carriers fail to meet
the requirements.
Sec. 723. Investigation of Complaints.
This section directs the DOT Secretary to investigate
complaints of discrimination against individuals with
disabilities within 120 days of receiving such complaint. In
addition, the DOT Secretary shall provide (in writing) to the
individual who filed the complaint, and the air carrier alleged
to have made the discrimination, the facts underlying the
complaint and any action the DOT Secretary is taking in
response to the investigation.
Sec. 724. Standards.
This section requires the DOT Secretary, not later than one
year after the date of enactment of this Act, to initiate a
rulemaking process regarding standards to ensure the aircraft
boarding and deplaning process is accessible, in terms of
design for, transportation of, and communication with,
individuals with disabilities and requires the DOT Secretary to
issue a final rule regarding such standards. This section also
requires the DOT Secretary to issue an NPRM, not later than one
year after the date of enactment of this Act, on accessible in-
flight entertainment.
Additionally, this section requires the DOT Secretary to
conduct a negotiated rulemaking on newly type certificated
aircraft standards for seating arrangements to accommodate
individuals with disabilities using wheelchairs (among other
provisions), contingent on if the feasibility study required by
section 712(d)(3) of this Act finds economic and financial
feasibility of air carriers and foreign air carriers
implementing seating arrangements that accommodate individuals
with disabilities using wheelchairs. Furthermore, after the
completion of the negotiated rulemaking, this section requires
the DOT Secretary to issue an NPRM followed by a final rule
regarding such standards.
Finally, this section requires the Air Carrier Access Act
Advisory Committee to examine technical solutions and the
feasibility of visually and tactilely accessible announcements
on-board aircraft. This section also requires the DOT Secretary
to prescribe regulations setting forth minimum standards 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.
Subtitle B--Air Traffic
Sec. 741. Transfers of Air Traffic Systems Acquired with AIP.
This section allows an airport in a non-contiguous state to
transfer a Medium Intensity Approach Lighting System with
Runway Alignment Indicator Lights purchased with AIP funds to
the FAA for operation.
Sec. 742. NextGen Programs.
This section requires the FAA Administrator to expedite the
implementation of NextGen programs and capabilities. In doing
so, the FAA Administrator is directed to prioritize
performance-based navigation, data communications, terminal
flight data management, and aeronautical information management
systems, with specific implementation due dates.
Sec. 743. Airspace Access.
This section directs the FAA Administrator of the FAA to
conduct a comprehensive review of the National airspace system,
including special use airspace, within three years of the Act's
enactment. The FAA Administrator is also tasked with
identifying methods to streamline and expedite access to
certain categories of airspace for users who may not regularly
have such access.
Sec. 744. Airspace Transition Completion.
This section requires the FAA to complete the transition of
the Newark, New Jersey radar sector. The staffing requirements
of this section are specific to the transition of the Newark,
New Jersey radar sector.
Sec. 745. FAA Contract Towers.
This section requires that the FAA Administrator update its
regulations, standards, and guidance on operational readiness
inspections under the Contract Tower program to give airport
sponsors seven years to complete these inspections if they are
acting in good faith while attempting to complete these
inspections.
This section also directs the FAA Administrator to
authorize and enable the use of advanced technologies at
Contract Towers, specifically with technology that is similar
to that of FAA air traffic controllers.
This section directs the DOT Secretary to assess the
existing liability limits for contract tower contractors to
ultimately determine if currently established liability limits
need updating.
Sec. 746. FAA Contract Tower Workforce Audit.
This section directs the DOT OIG to conduct an audit of the
workforce needs for the FAA Contract Tower Program. The audit
should review staffing levels, assess any potential need for an
air traffic controller training program for contract tower
controllers, and explore initial technical training for these
controllers.
Sec. 747. Aviation Infrastructure Sustainment.
This section directs the FAA Administrator to develop
performance metrics for the operations of safety-critical
communication, navigation, and surveillance aviation
infrastructure to determine when these types of infrastructure
need to be taken out of service and replaced, as necessary.
Sec. 748. Air Traffic Control Tower Safety.
This section directs the FAA Administrator to ensure that
the safety of the National airspace system and its users are
the primary consideration when making determinations about the
design, adoption, and construction of air traffic control
towers.
Sec. 749. Air Traffic Services Data Reports.
This section extends the air traffic services biennial data
reporting requirement from eight years to 14 years. This
section also adds operators of commercial space transportation
launch and reentry vehicles to the segments of air traffic
service users.
Sec. 750. Consideration of Small Hub Control Towers.
This section directs the FAA Administrator, when selecting
projects for the replacement of Federally owned contract
towers, to consider selecting projects at small hub commercial
service airports with air traffic control towers that are at
least 50 years old.
Sec. 751. Air Traffic Control Tower Replacement Process Report.
This section mandates that the FAA Administrator to submit
a report to Congress on the process by which ATC facilities are
chosen for replacement. This section also mandates that the
Administrator produce and publish on the website of the
Administration a list of all air traffic control tower
facilities replaced within the previous 10-year period, any
facilities in the process of being replaced, and any facilities
under consideration for replacement.
Sec. 752. FAA Contract Tower Pilot Program.
This section tasks the FAA Administrator with establishing
a pilot program to convert three high activity contract towers
(under the FAA Contract Tower Program) to visual flight rule
towers staffed by the Administration. When selecting facilities
to participate in the pilot program, the Administrator shall
prioritize towers that have had over 200,000 tower operation in
calendar year 2022 or a small hub airport with more than
900,000 passenger enplanements in calendar year 2021, have
control towers owned by the Administration or towers
constructed to Administration standards, and operate within
complex air space.
This section also tasks the FAA Administrator with
appointing all air traffic controllers employed as Federal
contract tower operators to the position of air traffic
controller so long as they meet the qualifications established
in Code and meet all other pre-employment qualifications.
Subtitle C--Small Community Air Service
Sec. 771. Essential Air Service Reforms.
This section makes reforms to the Essential Air Service
(EAS) program while ensuring the program remains committed to
connecting communities. This section reduces the maximum
overall per passenger subsidy cap of the program from $1,000 to
$500, requires the DOT Secretary to consider the total cost of
an air carrier's application, and applies a five percent cost
share to communities not in Alaska or Hawaii that are less than
175 miles from a large or medium hub airport beginning in
fiscal year 2027.
Sec. 772. Essential Air Service Authorization.
This section authorizes, out of the Airport and Airway
Trust Fund, funding for the EAS program. This includes $332
million for FY 2024, $312 million for FY 2025, $300 million for
FY 2026, $265 million for FY 2027 and $252 million for FY 2028.
Sec. 773. Small Community Air Service Development Program Reform and
Authorization.
This section reduces the prohibition for use of a Small
Community Air Service Development Program grants for the same
project from ten years to six years. Furthermore, this section
allows the DOT Secretary to give priority to communities who
demonstrate support from at least one air carrier to provide
service. Finally, this section authorizes the Small Community
Air Service Development Program at $10 million a year through
FY 2028.
Sec. 774. GAO Study on Increased Costs of Essential Air Service.
This section directs the Comptroller General to study the
causes of increased costs of the EAS program.
TITLE VIII: MISCELLANEOUS
Sec. 801. Digitalization of FAA Processes.
This section requires that the FAA evaluate their programs,
activities, and processes and work to digitize those that may
be beneficial to external entities or internal coordination.
Sec. 802. FAA Telework.
This section puts in place requirements for FAA telework
policies, requiring that telework policies be based on job
functions, duties, and level of management to ensure the
mission of the agency can be accomplished effectively. This
section requires that telework policies cannot inhibit site
visits, inspections, in-person collaboration, on-the-job
training, and operations of the NAS. Lastly, this section
requires the consideration of telework status and duty station
when determining pay rates for employees.
Sec. 803. Review of Office Space.
This section requires the DOT Secretary to review the
office footprint of the DOT to determine if it is an adequate
use of resources based on the workforce, the needs of that
workforce, the regions where DOT's modal administrations
perform work, and general changes to how and where work is
completed. This section then requires the DOT Secretary to
determine where office consolidation (within a reasonable
distance) within and between modes may make sense in order to
more effectively utilize resources and provide amenities to
personnel. This section also requires that such review consider
accessibility for persons with disabilities, maintenance costs,
and age and condition of such offices. This section does not
include a review of operational facilities.
Sec. 804. Aircraft Weight Reduction Task Force.
This section requires the FAA Administrator to establish a
task force to identify ways to safely reduce the weight of
certain aircraft to reduce fuel burn. The task force will
review and evaluate various factors, including: 1) regulations
that may inhibit the certification of new materials,
manufacturing processes, components, or technologies without
decreasing safety; 2) outdated and underused elements of
aircraft; 3) novel technologies and manufacturing processes;
and 4) non-proprietary methods that air carriers use to
decrease weight.
Sec. 805. Audit of Technical Writing Resources and Capabilities.
This section directs the DOT OIG to review the technical
writing support, resources, and educational tools provided to
FAA employees in order to effectively write regulations,
orders, and other guidance materials, and to provide
recommendations on such subject.
Sec. 806. FAA Participation in Industry Standards Organizations.
This section requires the FAA to actively participate in
industry standard organizations (ISO) working on the
development of aviation standards and means of compliance. This
section requires that the FAA accept or decline an invitation
to join a working group, subcommittee, or other body of an ISO
and provide such response to the ISO and Congress. To the
extent that the FAA does choose to participate, this section
makes it clear that the FAA should be contributing to the
development of work products and providing feedback and
expertise as relevant, in addition to coordinating with and
informing FAA management and other FAA subject matter experts
about the status of ISO work products.
Sec. 807. Sense of Congress on Use of Voluntary Consensus Standards.
This section expresses the sense of Congress that the FAA
should be following the Office of Management and Budget (OMB)
Circular A-119, Federal Participation in the Development and
Use of Voluntary Consensus Standards and Conformity Assessment
Activities.
Sec. 808. Required Designation.
Ensures aviation rulemaking committees comprised of
stakeholders can deliberate on recommendations to the FAA
Administrator without undue scrutiny before publication.
Sec. 809. Sensitive Security Information.
This section would restore DOT authorities that were
inadvertently repealed with the passage of the FAA
Reauthorization Act of 2018 (P.L. 115-254). This section allows
the Secretary to maintain DOT's Sensitive Security Information
(SSI) regulations in Section 15.5 of title 49, Code of Federal
Regulations.
Section 810. Preserving Open Skies While Ensuring Fair Skies.
This section clarifies that the public interest test
carried out by DOT considers the undermining of labor standards
and applies it to the consideration of foreign carrier permits.
This section also adds the undermining of labor standards as a
consideration when formulating the negotiating policy of the
United States. It is the expectation of the Committee that
existing foreign air carrier permits and air transport
agreements should not be materially altered or renegotiated
based on this section.
Sec. 811. Commercial Preference.
This section amends the general procurement authority of
the FAA to make clear they should be updating their acquisition
management system periodically and should include in such
updates the consideration for commercial products and services
(which the FAA Administrator may already be doing in some
instances).
Sec. 812. Consideration of Third-Party Services.
This section updates the requirement that FAA maintain
plans and policies related to operation of the NAS (and execute
on such plans) in a manner that covers current FAA practices,
including the use of third-party services. This section also
makes technical corrections in section 44501.
The Committee does not intend this section to imply any
expectation relating to how frequently third-party services are
used.
Sec. 813. Certificates of Authorization or Waiver.
This section provides discretion to the FAA Administrator
to approve aircraft operations within Temporary Flight
Restrictions (TFRs). This section also requires that, if the
FAA Administrator approves operations within statutory TFRs,
conditions of those approvals include discretion to permit
flights within 0.75 nautical miles under certain conditions.
Subsection (b)(2) is intended to maintain the operational
restriction on aircraft that would not be flown if such event
wasn't taking place (e.g., that do not have a formal
relationship with the organizers of such event). This is
intended to preclude activities like aerial advertising and
banner towing as well as unauthorized recordings of such
events.
Sec. 814. Wing-In-Ground-Effect Craft.
This section requires the FAA Administrator and the
Commandant of the Coast Guard to execute a memorandum of
understanding (MOU) regarding the specific roles,
responsibilities, and resources of the respective entities
pertaining to wing-in-ground (WIG) effect craft. This section
explicitly prohibits the DOT Secretary from regulating a WIG-
effect craft operator as an air carrier.
Sec. 815. Quasquicentennial of Aviation.
This section states that it is the sense of Congress that
the DOT Secretary and the FAA Administrator shall facilitate
and participate in local, national, and international
observances to commemorate the 125th anniversary of the Wright
brothers first flight on December 17, 2028.
Sec. 816. Federal Contract Tower Wage Determinations and Positions.
This section requires that the DOT Secretary request that
the Secretary of Labor review and update the cost-of-living
adjustment for air traffic controllers at Federal contract
towers and create a new wage determination for managers at
Federal contract towers.
Sec. 817. Internal Process Improvements Review.
This section requires the DOT OIG to review the process by
which the FAA develops and coordinates orders, advisory
circulars, statements of policy, guidance, technical standards,
and other materials in order to reduce the timeline required to
produce and update such materials.
Sec. 818. Acceptance of Digital Driver's License and Identification
Cards.
This section directs the FAA Administrator to take such
actions necessary to accept a digital or mobile driver's
license issued by a state in such instances where an individual
is required to submit a government-issued identification.
Sec. 819. Buckeye 940 Release of Deed Restrictions.
This section releases former Luke Air Force Base Auxiliary
Field #6 from certain Federal land use deed restrictions.
Sec. 820. Federal Aviation Administration Information Technology System
Integrity.
This section requires the FAA Administrator to conduct a
review of aging information technology systems within the FAA
to identify, inventory, and assess critical software and
hardware systems and their vulnerabilities to degradation,
errors, and malicious attacks. In conducting this review, the
FAA Administrator is directed to identify the necessary
upgrades and replacements needed to decrease the risks posed by
such vulnerabilities and address each vulnerability
appropriately.
This section also requires the DOT OIG to audit the
integrity of information systems of the Administration.
Sec. 821. Briefing on Radio Communications Coverage Around Mountainous
Terrain.
This section requires the FAA Administrator to brief
Congress on the radio communications coverage of the airspace
surrounding the Mena Intermountain Municipal Airport to
determine at what altitudes radio communications capabilities
may be compromised or lost, and to make recommendations on
changes necessary to increase the radio communications coverage
near this airport.
Sec. 822. Study on Congested Airspace.
This section directs the Comptroller General to initiate a
study on the efficiency and efficacy of scheduled commercial
air service transiting congested airspace. In conducting the
study, the Comptroller General shall examine various regions of
congested airspace, commercial air activity, military flight
activity, emergency response activity, commercial space
transportation activities, weather, and air traffic controller
staffing.
Sec. 823. Administrative Services Franchise Fund.
This section addresses an inefficiency in the use of FAA's
franchise fund which requires that all funds be paid in
advance. The flexibility provided is consistent with funds of
other Departments.
Sec. 824. Use of Biographical Assessments.
This section amends Section 44506(f)(2)(A) of title 49,
United States Code, by striking ``paragraph (1)(B)(ii)'' and
inserting ``paragraph (1)(B)''.
Sec. 825. Whistleblower Protection Enforcement.
This section clarifies that the FAA and the Department of
Labor shall collectively determine an enforcement action
against a person who retaliates against a whistleblower
following an adjudication process and determination.
Sec. 826. Final Rulemaking on Certain Manufacturing Standards.
This section instructs the FAA to publish a final rule on
aircraft standards that meets the minimum required for United
States manufacturers to sell aircraft overseas.
Sec. 827. Remote Dispatch.
This section establishes a certificate for aircraft
dispatchers and requires that air carriers maintain designated
dispatch centers and flight following centers. This section
also clarifies that air carriers may not dispatch aircraft from
any location other than its designated dispatch centers, except
in cases of emergency.
Sec. 828. Employee Assault Prevention and Response Plans Amendment.
This section amends section 551 of the FAA Reauthorization
Act of 2018 to give the FAA Administrator authority to enforce
the requirement that commercial airlines establish employee
assault and response plans.
Sec. 829. Crew Member Self-Defense Training.
This section requires commercial airlines provide a process
by which crew members can receive reasonable accommodations for
self-defense training courses.
Sec. 830. Formal Sexual Assault and Harassment Policies on Air Carriers
and Foreign Air Carriers.
This section directs passenger air carriers and foreign air
carriers to issue a formal policy on sexual assault or
harassment incidents. The policy mandated by this section
should include a statement of zero tolerance, procedures for
reporting a sexual assault or harassment incident, procedures
for personnel to follow following the report of an incident,
procedures to limit or prohibit future travel for any passenger
who causes an incident, and training for appropriate personnel.
This section also directs air carriers and foreign air
carriers to prominently display on their website (and
appropriate signage) a written statement informing passengers
and personnel of the procedure for reporting an incident.
Sec. 831. Interference with Security Screening Personnel.
This section clarifies that interference with security
screening personnel extends to an airport or air carrier
employee performing ticketing, check-in, baggage claim, or
boarding functions.
Sec. 832. Mechanisms to Reduce Helicopter Noise.
This section instructs the Comptroller General to examine
ways that state and local governments can mitigate commercial
helicopter noise.
Sec. 833. Technical Corrections.
This section makes various non-substantive technical and
conforming amendments.
Sec. 834. Transportation of Organs.
This section tasks the DOT Secretary, in coordination with
the FAA Administrator, to convene a working group to assist in
developing best practices and identifying hindrances for
transporting an organ in the cabin of a commercial aircraft.
The working group shall consist of air carriers operating under
part 121, organ procurement organizations, organ transplant
hospitals, flight attendants, and any other Federal agencies
determined appropriate by the FAA Administrator. One year after
convening, the working group will submit a report with
recommendations to the Secretary.
Sec. 835. Report on Application Approval Timing.
This section requires the FAA Administrator to submit to
Congress a report on the application process for Part 137
certificates.
Sec. 836. Study on Air Cargo Operations.
This section requires the Comptroller General to initiate a
study on the economic sustainability of air cargo operations,
including the airport facilities and infrastructure as well as
intramodality of cargo operations at an airport that support
such operations.
Sec. 837. Next Generation Radio Altimeters.
This section directs the FAA Administrator (in coordination
with industry stakeholders) to carry out an accelerated program
to assist with the development, testing, and certification of
standards and technology necessary to ensure the FAA is able to
certify, produce standards, and meet the goal of next
generation radio altimeters equipped across all necessary
aircraft by January 1, 2028. In addition, the FAA Administrator
may award grants for the purpose of meeting the equipage goal
of January 1, 2028.
Sec. 838. Sense of Congress Regarding Safety and Security of Aviation
Infrastructure.
This section expresses the sense of Congress that the
safety and security of aviation infrastructure is essential.
Sec. 839. Restricted Category Aircraft Maintenance and Operations.
This section clarifies that the FAA Administrator shall
have sole jurisdiction over the maintenance and operations of
civil restricted category aircraft. This section ensures that
other Federal or local governmental bodies do not set
maintenance or operational requirements for the safety of such
aircraft.
Sec. 840. Report on Telework.
This section requires the DOT Secretary to provide Congress
with a report detailing direct and indirect costs and
inefficiencies associated with the maximum telework policies
during the COVID-19 public health emergency.
Sec. 841. Crewmember Pumping Guidance.
This section directs the FAA Administrator to issue
guidance to part 121 air carriers relating to crewmembers
pumping during noncritical phases of flight. In producing
guidance, the FAA Administrator shall consider multiple methods
of expressing breast milk that could be used by crewmembers and
ensure that any guidance does not require an air carrier or
foreign air carrier to incur significant expenses such as the
addition of an extra crewmember or removal or retrofitting of
any seats on the aircraft.
Sec. 842. Aircraft Interchange Agreement Limitations.
This section requires the FAA Administrator to conduct a
study on the regulations and use of foreign interchange
agreements.
Sec. 843. Federal Aviation Administration Academy and Facility
Expansion Plan.
This section requires the FAA Administrator to develop a
plan to expand the FAA's capacity for training air traffic
controllers, including the establishment of a second FAA ATC
training academy. This section requires the FAA Administrator
to submit the plan to Congress and brief Congress on the plan
developed under this section.
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.
This section authorizes $142 million for FY 2024, $145
million for FY 2025, $150 million for FY 2026, $155 million for
FY 2027, and $161 million for FY 2028 for the National
Transportation Safety Board (NTSB or ``Board'' in this title).
Furthermore, the Committee recognizes the need for additional
rail safety inspectors at the NTSB and encourages the agency to
utilize portions of the authorized funds to hire such rail
safety inspectors.
Sec. 903. Clarification of Treatment of Territories.
This section clarifies that 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.
Sec. 904. Additional Workforce Training.
This section authorizes the NTSB to acquire training on
emerging transportation technologies and allows the NTSB to
conduct training to meet the needs of the NTSB's strategic
workforce plan.
Sec. 905. Acquiring Mission-Essential Knowledge and Skills.
This section gives the Chairman of the Board direct hiring
authority of highly qualified personnel with specialized
knowledge if the Chairman determines there is a severe shortage
of qualified personnel or a critical hiring need for particular
positions. This direct hire authority terminates on the date
that is five years after the date of enactment of this Act and
does not apply to positions in the excepted service or the
Senior Executive Service.
Sec. 906. Overtime Annual Report Termination.
This section repeals the statutory requirement that the
NTSB submit an Overtime Pay annual report to Congress.
Sec. 907. Strategic Workforce Plan.
This section directs the Board to submit to Congress a
strategic workforce plan that covers a five-year forecast
period. The workforce plan should be updated at least once
every five years and should be made available to the public on
the Board's website.
Sec. 908. Travel Budgets.
This section directs the Board to establish annual fiscal
year budgets for non-accident-related travel expenditures.
These new estimates are to be included in the annual budget
request of the Board. In addition, the Board shall notify
Congress if any member exceeds their non-accident-related
travel budget.
Sec. 909. Retention of Records.
This section grants the Board the ability to retain
investigative records for such periods as determined by the
Board.
Sec. 910. Nondisclosure of Interview Recordings.
This section prohibits the Board from publicly disclosing
any audio or video recordings of interviews with participants
in, or witnesses to, an accident being investigated by the
Board. This does not pertain to transcripts or summaries of
such interviews. In addition, the Board must notify Congress if
the Board or United States Attorney General carries out civil
actions against an airman employed by an air carrier operating
under part 121 at the time of the accident.
Sec. 911. Closed Unacceptable Recommendations.
This section requires the NTSB to include in their annual
report to Congress a list of each recommendation made by the
Board to the DOT Secretary or the Commandant of the Coast Guard
that was closed in an unacceptable status in the past 12
months.
Sec. 912. Establishment of Office of Oversight, Accountability, and
Quality Assurance.
This section establishes an Office of Oversight,
Accountability, and Quality Assurance at the NTSB to promote
efficiency and effectiveness; and prevent and detect waste,
fraud, and abuse in programs and operations at the NTSB.
Furthermore, it requires the Director of the newly established
office to submit an annual report to Congress on the
activities, investigations, findings, and recommendations of
the Office.
Sec. 913. Miscellaneous Investigative Authorities.
This section grants the NTSB additional authority to
investigate and identify probable cause for any highway
accident, including highway accidents that occur at railroad
grade crossings, concurrent with any State investigation. In
addition, this section clarifies the NTSB's investigative
authority into railroad accidents by including railroad grade
crossing or trespasser accidents in which there is a fatality
or substantial property damage.
Sec. 914. Public Availability of Accident Reports.
This section directs the Board to make accident reports
available to the public, at no cost, via a database on their
website. In addition to being made available on their website,
the reports should be available to the public in printed form
at a reasonable cost.
Sec. 915. Ensuring Accountability for Timeliness of Reports.
This section directs the Board to submit a report to
Congress on any accident report not completed within two years
of the accident. The report to Congress shall contain the
reasons why the investigation has yet to be completed. The
Board will also be required to submit subsequent progress
reports to Congress every 90 days until the investigation is
complete.
Sec. 916. Ensuring Access to Data.
This section ensures that the Board will be able to obtain
recordings, recording information, and data pertinent to
accidents from manufacturers or vendor suppliers. This will
enable the Board to read and interpret any recording device or
recorded information pertinent to an accident and allow the
Board to perform an independent physics-based simulation and
analysis of an accident.
Sec. 917. Public Availability of Safety Recommendations.
This section directs the Board to make the DOT Secretary's
responses to safety recommendations available to the public, at
no cost, via a database on their website. In addition to being
made available on their website, the responses should be
available to the public in printed form at a reasonable cost.
Sec. 918. Improving Delivery of Family Assistance.
This section broadens the scope of family assistance to
include passengers and the families of those passengers
involved in accidents within United States airspace or airspace
delegated to the United States. This section also directs the
Director of Family Support Services to request a passenger list
from the air carrier as soon as practicable. The Director may
not release any individual's information unless they deem it
appropriate to provide such information to the family of the
passenger or a local, state, or Federal agency tasked with
determining the where-abouts or welfare of the passenger. In
addition, the independent non-profit organization designated
for family assistance may request a passenger list to share
with family, as appropriate. The designated organization may
not publicly release the personal information of a passenger.
Lastly, this section makes similar conforming edits to the
scope of family assistance for passengers and the families of
such passengers involved in rail accidents.
Sec. 919. Updating Civil Penalty Authority.
This section broadens the scope of civil penalties beyond
aviation accidents, to include rail passenger accidents.
Sec. 920. Electronic Availability of Public Docket Records.
This section directs the Board to make all records included
in the public docket of an accident or incident investigation
electronically available to the public, regardless of the date
on which such public docket or record was created. The Board
shall provide an annual briefing to Congress until such records
are electronically available to the public.
Sec. 921. Drug-Free Workplace.
This section directs the Board to implement a drug testing
program for Board employees, in accordance with Executive Order
12564.
Sec. 922. Accessibility in the Workplace.
This section directs the NTSB to assess their offices
(headquarters and regional offices) to identify barriers to
accessibility to their facilities. The assessment shall be done
in compliance with the Architectural Barriers Act of 1968 and
the Americans with Disabilities Act of 1990.
Sec. 923. Most Wanted List.
As requested by the NTSB, this section directs the Board to
terminate publication of the Most Wanted List.
Sec. 924. Technical Corrections.
This section makes technical corrections to sections
relating to the NTSB in title 49, United States Code.
TITLE X: FREEDOM TO FLY ACT OF 2023
Sec. 1001. Short Title.
This section provides the short title for Title X,
``Freedom to Fly Act of 2023.''
Sec. 1002. Prohibition on Implementation of Vaccination Mandate.
This section bars the FAA Administrator from mandating
COVID-19 vaccine requirements for the personnel of air
carriers.
Sec. 1003. Prohibition on Vaccination Requirements for FAA Contractors.
This section bars the FAA Administrator from mandating
COVID-19 vaccine requirements for the personnel of FAA
contractors.
Sec. 1004. Prohibition on Vaccine Mandate for FAA Employees.
This section bars the FAA Administrator from putting in
place COVID-19 vaccine requirements for employees of the FAA.
Sec. 1005. Prohibition on Vaccine Mandate for Passengers of Air
Carriers.
This section bars the FAA Administrator from mandating
COVID-19 vaccine requirements for passengers on air carriers.
Sec. 1006. Prohibition on Implementation of a Mask Mandate.
This section bars the FAA Administrator from mandating any
mask requirements for the personnel of air carriers.
The Committee does not intend for this section to limit or
prevent the FAA Administrator from issuing aviation safety or
health related measures unrelated to COVID-19.
Sec. 1007. Prohibition on Mask Mandates for FAA Contractors.
This section bars the FAA Administrator from mandating any
mask requirements for the personnel of FAA contractors.
The Committee does not intend for this section to limit or
prevent the FAA Administrator from issuing aviation safety or
health related measures unrelated to COVID-19.
Sec. 1008. Prohibition on Mask Mandate for FAA Employees.
This section bars the FAA Administrator from putting in
place any mask requirements for the personnel of the FAA.
The Committee does not intend for this section to limit or
prevent the FAA Administrator from issuing aviation safety or
health related measures unrelated to COVID-19.
Sec. 1009. Prohibition on Mask Mandate for Passengers of Air Carriers.
This section bars the FAA Administrator from mandating any
mask requirements for passengers on air carriers.
The Committee does not intend for this section to limit or
prevent the FAA Administrator from issuing aviation safety or
health related measures unrelated to COVID-19.
Sec. 1010. Definitions.
This section contains definitions specific to Title X.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
Subtitle Sec.
* * * * * * *
Multimodal Freight Transportation...........................70101]
70101ULTIMODAL FREIGHT TRANSPORTATION.................................
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
Chapter Sec.
* * * * * * *
Surface Transportation Board..................................701]
CHAPTER 1--ORGANIZATION
Sec.
* * * * * * *
120. National Center for the Advancement of Aerospace.
* * * * * * *
Sec. 106. Federal Aviation Administration
(a) [The Federal] In General._The Federal Aviation
Administration is an administration in the Department of
Transportation.
[(b) 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. When making an appointment, the
President shall consider the fitness of the individual to carry
out efficiently the duties and powers of the office. Except as
provided in subsection (f) or in other provisions of law, the
Administrator reports directly to the Secretary of
Transportation. The term of office for any individual appointed
as Administrator after August 23, 1994, shall be 5 years.
[(c) The Administrator must--
[(1) be a citizen of the United States;
[(2) be a civilian; and
[(3) have experience in a field directly related to
aviation.
[(d)(1) The Administration has a Deputy Administrator, who
shall be appointed by the President. In making an appointment,
the President shall consider the fitness of the appointee to
efficiently carry out the duties and powers of the office. The
Deputy Administrator shall be a citizen of the United States
and have experience in a field directly related to aviation. An
officer on active duty in an armed force may be appointed as
Deputy Administrator. However, if the Administrator is a former
regular officer of an armed force, the Deputy Administrator may
not be an officer on active duty in an armed force.
[(2) The annual rate of basic pay of the Deputy Administrator
shall be set by the Secretary but shall not exceed the annual
rate of basic pay payable to the Administrator of the Federal
Aviation Administration.
[(3) An officer on active duty or a retired officer serving
as Deputy Administrator is entitled to hold a rank and grade
not lower than that held when appointed as Deputy
Administrator. The Deputy Administrator may elect to receive
(A) the pay provided by law for the Deputy Administrator, or
(B) the pay and allowances or the retired pay of the military
grade held. If the Deputy Administrator elects to receive the
military pay and allowances or retired pay, the Administration
shall reimburse the appropriate military department from funds
available for the expenses of the Administration.
[(4) The appointment and service of a member of the armed
forces as a Deputy Administrator does not affect the status,
office, rank, or grade held by that member, or a right or
benefit arising from the status, office, rank, or grade. The
Secretary of a military department does not control the member
when the member is carrying out duties and powers of the Deputy
Administrator.
[(e) The Administrator and the Deputy Administrator may not
have a pecuniary interest in, or own stock in or bonds of, an
aeronautical enterprise, or engage in another business,
vocation, or employment.]
(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
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).
(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 Commercial Space
Transportation, an Associate Administrator for
Security and Hazardous Materials Safety, a
Chief Operating Officer of the Air Traffic
Control System; and
(B) appointed by the President, an Associate
Administrator for Airports.
(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).
(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.
(f) Authority of the Secretary and the Administrator.--
(1) Authority of the secretary.--Except as provided
in [paragraph (2)] paragraphs (2) and (3), the
Secretary of Transportation shall carry out the duties
and powers, and controls the personnel and activities,
of the Administration. [Neither] In exercising duties,
powers, and authorities that are assigned to the
Secretary or the Administrator under this title,
neither the Secretary nor the Administrator may submit
decisions for the approval of, or be bound by the
decisions or recommendations of, [a committee, board,
or organization established by executive order.] 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) Authority of the administrator.--The
Administrator--
(A) is the final authority for carrying out
all functions, powers, and duties of the
Administration relating to--
(i) the appointment and employment of
all officers and employees of the
Administration (other than Presidential
and political appointees);
(ii) [the acquisition and maintenance
of property, services, and equipment of
the Administration;] 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;
(iii) except as otherwise provided in
[paragraph (3)] paragraph (4), the
promulgation of regulations, rules,
orders, circulars, bulletins, and other
official publications of the
Administration; and
(iv) any obligation imposed on the
Administrator, or power conferred on
the Administrator, by the Air Traffic
Management System Performance
Improvement Act of 1996 (or any
amendment made by that Act);
(B) shall offer advice and counsel to the
President with respect to 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 the appointment and qualifications of any
officer or employee of the Administration to be
appointed by the President or as a political
appointee;
(C) may delegate, and authorize successive
redelegations of, to an officer or employee of
the Administration any function, power, or duty
conferred upon the Administrator, unless such
delegation is prohibited by law; and
(D) except as otherwise provided for in this
title, and notwithstanding any other provision
of law, shall not be required (formally or
informally) to coordinate, submit for approval
or concurrence, or seek the advice or views of
the Secretary or any other officer or employee
of the Department of Transportation or any
other Federal agency on any matter with respect
to which the Administrator is the final
authority.
(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.
[(3)] (4) Regulations.--
(A) In general.--[In the performance] (i)
Issuance of Regulations._In the performance of
the functions of the Administrator and the
Administration, the Administrator is authorized
to issue, rescind, and revise such regulations
as are necessary to carry out those functions.
The issuance of such regulations shall be
governed by the provisions of chapter 5 of
title 5. [The Administrator shall act] (ii)
Petitions for Rulemaking._The Administrator
shall act upon all petitions for rulemaking no
later than 6 months after the date such
petitions are filed by dismissing such
petitions, by informing the petitioner of an
intention to dismiss, or by issuing a notice of
proposed rulemaking or advanced notice of
proposed rulemaking. [The Administrator shall
issue] (iii) Rulemaking Timeline._The
Administrator shall issue a final regulation,
or take other final action, not later than 16
months after the last day of the public comment
period for the regulations or, in the case of
an advanced notice of proposed rulemaking, if
issued, not later than 24 months after the date
of publication in the Federal Register of
notice of the proposed rulemaking. [On February
1] (iv) Reporting Requirement._On February 1
and August 1 of each year 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
letter listing each deadline the Administrator
missed under this subparagraph during the 6-
month period ending on such date, including an
explanation for missing the deadline and a
projected date on which the action that was
subject to the deadline will be taken.
[(B) Approval of secretary of
transportation.--(i) The Administrator may not
issue a proposed regulation or final regulation
that 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 the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st
Century) in any year, or any regulation which
is significant, unless the Secretary of
Transportation approves the issuance of the
regulation in advance. For purposes of this
paragraph, a regulation is significant if the
Administrator, in consultation with the
Secretary (as appropriate), determines that the
regulation is likely to--
[(I) have an annual effect on the
economy of $250,000,000 or more or
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 State, local, or tribal
governments or communities; or
[(II) raise novel or significant
legal or policy issues arising out of
legal mandates that may substantially
and materially affect other
transportation modes.
[(ii) In an emergency, the Administrator may
issue a regulation described in clause (i)
without prior approval by the Secretary, but
any such emergency regulation is subject to
ratification by the Secretary after it is
issued and shall be rescinded by the
Administrator within 5 days (excluding
Saturdays, Sundays, and legal public holidays)
after issuance if the Secretary fails to ratify
its issuance.
[(iii) Any regulation that does not meet the
criteria of clause (i), and any regulation or
other action that is a routine or frequent
action or a procedural action, may be issued by
the Administrator without review or approval by
the Secretary.
[(iv) The Administrator shall submit a copy
of any regulation requiring approval by the
Secretary under clause (i) to the Secretary,
who shall either approve it or return it to the
Administrator with comments within 45 days
after receiving it.
[(C) Periodic review.--(i) Beginning on the
date which is 3 years after the date of the
enactment of the Air Traffic Management System
Performance Improvement Act of 1996, the
Administrator shall review any unusually
burdensome regulation issued by the
Administrator after such date of enactment
beginning not later than 3 years after the
effective date of the regulation to determine
if the cost assumptions were accurate, the
benefit of the regulations, and the need to
continue such regulations in force in their
present form.
[(ii) The Administrator may identify for
review under the criteria set forth in clause
(i) unusually burdensome regulations that were
issued before the date of the enactment of the
Air Traffic Management System Performance
Improvement Act of 1996 and that have been in
force for more than 3 years.
[(iii) For purposes of this subparagraph, the
term ``unusually burdensome regulation'' means
any regulation that results in the annual
expenditure by State, local, and tribal
governments in the aggregate, or by the private
sector, of $25,000,000 or more (adjusted
annually for inflation beginning with the year
following the date of the enactment of the Air
Traffic Management System Performance Act of
1996) in any year.
[(iv) The periodic review of regulations may
be performed by advisory committees and the
Management Advisory Council established under
subsection (p).]
(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)] (5) Definition of political appointee.--For
purposes of this subsection, the term ``political
appointee'' means any individual who--
(A) is employed in a position listed in
sections 5312 through 5316 of title 5 (relating
to the Executive Schedule);
(B) is a limited term appointee, limited
emergency appointee, or noncareer appointee in
the Senior Executive Service, as defined under
paragraphs (5), (6), and (7), respectively, of
section 3132(a) of title 5; or
(C) is employed in a position in the
executive branch of the Government of a
confidential or policy-determining character
under schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations.
[(g) Duties and Powers of Administrator.--The Administrator
shall carry out the following:
[(1) Duties and powers of the Secretary of
Transportation under subsection (f) of this section
related to aviation safety (except those related to
transportation, packaging, marking, or description of
hazardous material) and stated in the following:
[(A) Section 308(b).
[(B) Subsections (c) and (d) of section 1132.
[(C) Sections 40101(c), 40103(b), 40106(a),
40108, 40109(b), 40113(a), 40113(c), 40113(d),
40113(e), and 40114(a).
[(D) Chapter 445, except sections 44501(b),
44502(a)(2), 44502(a)(3), 44502(a)(4), 44503,
44506, 44509, 44510, 44514, and 44515.
[(E) Chapter 447, except sections 44717,
44718(a), 44718(b), 44719, 44720, 44721(b),
44722, and 44723.
[(F) Chapter 451.
[(G) Chapter 453.
[(H) Section 46104.
[(I) Subsections (d) and (h)(2) of section
46301 and sections 46303(c), 46304 through
46308, 46310, 46311, and 46313 through 46316.
[(J) Chapter 465.
[(K) Sections 47504(b) (related to flight
procedures), 47508(a), and 48107.
[(2) Additional duties and powers prescribed by the
Secretary of Transportation.
[(h) Section 40101(d) of this title applies to duties and
powers specified in subsection (g)(1) of this section. Any of
those duties and powers may be transferred to another part of
the Department only when specifically provided by law or a
reorganization plan submitted under chapter 9 of title 5. A
decision of the Administrator in carrying out those duties or
powers is administratively final.
[(i) The Deputy Administrator shall carry out duties and
powers prescribed by the Administrator. The Deputy
Administrator acts for the Administrator when the Administrator
is absent or unable to serve, or when the office of the
Administrator is vacant.]
(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) 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.
(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.
(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 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) a pilot certificate, including
scheduling an associated appointment
with Administration personnel or
designees;
(iii) a medical certificate;
(iv) an operator certificate;
(v) a commercial space transportation
license;
(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.
(j) [There is] Civil Aeromedical Institute._There is
established within the Federal Aviation Administration an
institute to conduct civil aeromedical research under section
44507 of this title. Such institute shall be known as the
``Civil Aeromedical Institute''. Research conducted by the
institute should take appropriate advantage of capabilities of
other government agencies, universities, or the private sector.
(k) Authorization of Appropriations for Operations.--
(1) Salaries, operations, and maintenance.--There is
authorized to be appropriated to the Secretary of
Transportation for salaries, operations, and
maintenance of the Administration--
[(A) $10,247,000,000 for fiscal year 2018;
[(B) $10,486,000,000 for fiscal year 2019;
[(C) $10,732,000,000 for fiscal year 2020;
[(D) $11,000,000,000 for fiscal year 2021;
[(E) $11,269,000,000 for fiscal year 2022;
and]
[(F)] (A) $11,537,000,000 for fiscal year
2023[.];
(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.
Such sums shall remain available until expended.
(2) Authorized expenditures.--Out of amounts
appropriated under paragraph (1), the following
expenditures are authorized:
(A) Such sums as may be necessary for fiscal
years 2012 through 2015 to carry out and expand
the Air Traffic Control Collegiate Training
Initiative.
(B) Such sums as may be necessary for fiscal
years 2012 through 2015 for the completion of
the Alaska aviation safety project with respect
to the 3 dimensional mapping of Alaska's main
aviation corridors.
(C) Such sums as may be necessary for fiscal
years 2012 through 2015 to carry out the
Aviation Safety Reporting System and the
development and maintenance of helicopter
approach procedures.
(D) Not more than the following amounts for
commercial space transportation activities:
[(i) $22,587,000 for fiscal year
2018.
[(ii) $33,038,000 for fiscal year
2019.
[(iii) $43,500,000 for fiscal year
2020.
[(iv) $54,970,000 for fiscal year
2021.
[(v) $64,449,000 for fiscal year
2022.]
[(vi)] (i) $75,938,000 for fiscal
year 2023.
(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.
(3) Administering program within available funding.--
[Notwithstanding]
(A) In general._Notwithstanding any other
provision of law, [in each of fiscal years 2018
through 2023,] if the Secretary determines that
the funds appropriated under paragraph (1) are
insufficient to meet the salary, operations,
and maintenance expenses of the Federal
Aviation Administration, as authorized by this
section, the Secretary shall reduce nonsafety-
related activities of the Administration as
necessary to reduce such expenses to a level
that can be met by the funding available under
paragraph (1).
(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.
(l) Personnel and Services.--
(1) Officers and employees.--Except as provided in
subsections (a) and (g) of section 40122, the
Administrator is authorized, in the performance of the
functions of the Administrator, to appoint, transfer,
and fix the compensation of such officers and
employees, including attorneys, as may be necessary to
carry out the functions of the Administrator and the
Administration. In fixing compensation and benefits of
officers and employees, the Administrator shall not
engage in any type of bargaining, except to the extent
provided for in section 40122(a), nor shall the
Administrator be bound by any requirement to establish
such compensation or benefits at particular levels.
(2) Experts and consultants.--The Administrator is
authorized to obtain the services of experts and
consultants in accordance with section 3109 of title 5.
(3) Transportation and per diem expenses.--The
Administrator is authorized to pay transportation
expenses, and per diem in lieu of subsistence expenses,
in accordance with chapter 57 of title 5.
(4) Use of personnel from other agencies.--The
Administrator is authorized to utilize the services of
personnel of any other Federal agency (as such term is
defined under section 551(1) of title 5).
(5) Voluntary services.--
(A) General rule.--In exercising the
authority to accept gifts and voluntary
services under section 326 of this title, and
without regard to section 1342 of title 31, the
Administrator may not accept voluntary and
uncompensated services if such services are
used to displace Federal employees employed on
a full-time, part-time, or seasonal basis.
(B) Incidental expenses.--The Administrator
is authorized to provide for incidental
expenses, including transportation, lodging,
and subsistence, for volunteers who provide
voluntary services under this subsection.
(C) Limited treatment as federal employees.--
An individual who provides voluntary services
under this subsection shall not be considered a
Federal employee for any purpose other than for
purposes of chapter 81 of title 5, relating to
compensation for work injuries, and chapter 171
of title 28, relating to tort claims.
(6) Contracts.--The Administrator is authorized to
enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary to carry out the functions of the
Administrator and the Administration. The Administrator
may enter into such contracts, leases, cooperative
agreements, and other transactions with any Federal
agency (as such term is defined in section 551(1) of
title 5) or any instrumentality of the United States,
any State, territory, or possession, or political
subdivision thereof, any other governmental entity, or
any person, firm, association, corporation, or
educational institution, on such terms and conditions
as the Administrator may consider appropriate.
(7) Prohibition on certain performance-based
incentives.--No employee of the Administration shall be
given an award, financial incentive, or other
compensation, as a result of actions to meet
performance goals related to meeting or exceeding
schedules, quotas, or deadlines for certificates issued
under section 44704.
(m) Cooperation by Administrator.--With the consent of
appropriate officials, the Administrator may, with or without
reimbursement, use or accept the services, equipment,
personnel, and facilities of any other Federal agency (as such
term is defined in section 551(1) of title 5) and any other
public or private entity. The Administrator may also cooperate
with appropriate officials of other public and private agencies
and instrumentalities concerning the use of services,
equipment, personnel, and facilities. The head of each Federal
agency shall cooperate with the Administrator in making the
services, equipment, personnel, and facilities of the Federal
agency available to the Administrator. The head of a Federal
agency is authorized, notwithstanding any other provision of
law, to transfer to or to receive from the Administration, with
or without reimbursement, supplies, personnel, services, and
equipment other than administrative supplies or equipment.
(n) Acquisition.--
(1) In general.--The Administrator is authorized--
(A) to acquire (by purchase, lease,
condemnation, or otherwise), construct,
improve, repair, operate, and maintain--
(i) air traffic control facilities
and equipment;
(ii) research and testing sites and
facilities; and
(iii) such other real and personal
property (including office space and
patents), or any interest therein,
within and outside the continental
United States as the Administrator
considers necessary;
(B) to lease to others such real and personal
property; and
(C) to provide by contract or otherwise for
eating facilities and other necessary
facilities for the welfare of employees of the
Administration at the installations of the
Administration, and to acquire, operate, and
maintain equipment for these facilities.
(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by
the Government of the United States.
(o) Transfers of Funds.--The Administrator is authorized to
accept transfers of unobligated balances and unexpended
balances of funds appropriated to other Federal agencies (as
such term is defined in section 551(1) of title 5) to carry out
functions transferred by law to the Administrator or functions
transferred pursuant to law to the Administrator on or after
the date of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996.
[(p) Management Advisory Council and Air Traffic Services
Board.--
[(1) Establishment.--Within 3 months after the date
of the enactment of the Air Traffic Management System
Performance Improvement Act of 1996, the Administrator
shall establish an advisory council which shall be
known as the Federal Aviation Management Advisory
Council (in this subsection referred to as the
``Council''). With respect to Administration
management, policy, spending, funding, and regulatory
matters affecting the aviation industry, the Council
may submit comments, recommended modifications, and
dissenting views to the Administrator. The
Administrator shall 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 views received from the
Council, together with the reasons for any differences
between the views of the Council and the views or
actions of the Administrator.
[(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) 10 members representing aviation
interests, appointed by--
[(i) in the case of initial
appointments to the Council, the
President by and with the advice and
consent of the Senate, except that
initial appointments made after May 1,
2003, shall be made by the Secretary of
Transportation; and
[(ii) in the case of subsequent
appointments to the Council, the
Secretary of Transportation; and
[(D) 1 member appointed, from among
individuals who are the leaders of their
respective unions of air traffic control system
employees, by the Secretary of Transportation.
[(3) Qualifications.--No officer or employee of the
United States Government may be appointed to the
Council under paragraph (2)(C) or to the Air Traffic
Services Committee.
[(4) Functions.--
[(A) In general.--(i) The Council shall
provide advice and counsel to the Administrator
on issues which affect or are affected by the
operations of the Administrator. The Council
shall function as an oversight resource for
management, policy, spending, and regulatory
matters under the jurisdiction of the
Administration.
[(ii) 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.
[(iii) The Council shall review the process
through which the Administration determines to
use advisory circulars and service bulletins.
[(B) Meetings.--The Council shall meet on a
regular and periodic basis or at the call of
the chairman or of the Administrator.
[(C) Access to documents and staff.--The
Administration may give the Council or Air
Traffic Services Committee 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. Any member of the Council or
Air Traffic Services Committee who receives
commercial or other proprietary data from the
Administrator shall be subject to the
provisions of section 1905 of title 18,
pertaining to unauthorized disclosure of such
information.
[(5) Chapter 10 of title 5 not to apply.--Chapter 10
of title 5 does not apply to the Council, the Air
Traffic Services Committee, such aviation rulemaking
committees as the Administrator shall designate, or
such aerospace rulemaking committees as the Secretary
shall designate.
[(6) Administrative matters.--
[(A) Terms of members appointed under
paragraph (2)(c).--Members of the Council
appointed under paragraph (2)(C) shall be
appointed for a term of 3 years. Of the members
first appointed by the President under
paragraph (2)(C)--
[(i) 3 shall be appointed for terms
of 1 year;
[(ii) 4 shall be appointed for terms
of 2 years; and
[(iii) 3 shall be appointed for terms
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) Terms for air traffic services committee
members.--The members appointed to the Air
Traffic Services Committee shall be appointed
for a term of 5 years, except that the first
members of the Committee shall be the members
of the Air Traffic Services Subcommittee of the
Council on the day before the date of enactment
of the Vision 100--Century of Aviation
Reauthorization Act who shall serve in an
advisory capacity until such time as the
President appoints the members of the Committee
under paragraph (7).
[(D) Reappointment.--An individual may not be
appointed to the Committee to more than two 5-
year terms.
[(E) Vacancy.--Any vacancy on the Council or
Committee shall be filled in the same manner as
the original appointment, except that any
vacancy caused by a member appointed by the
President under paragraph (2)(C)(i) shall be
filled by the Secretary in accordance with
paragraph (2)(C)(ii). 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.
[(F) Continuation in office.--A member of the
Council or Committee whose term expires shall
continue to serve until the date on which the
member's successor takes office.
[(G) Removal.--Any member of the Council
appointed under paragraph (2)(D) may be removed
for cause by the President or Secretary whoever
makes the appointment. Any member of the
Committee may be removed for cause by the
Secretary.
[(H) Claims against members of committee.--
[(i) In general.--A member appointed
to the Committee shall have no personal
liability under Federal law with
respect to any claim arising out of or
resulting from an act or omission by
such member within the scope of service
as a member of the Committee.
[(ii) Effect on other law.--This
subparagraph shall not be construed--
[(I) to affect any other
immunity or protection that may
be available to a member of the
Subcommittee under applicable
law with respect to such
transactions;
[(II) to affect any other
right or remedy against the
United States under applicable
law; or
[(III) to limit or alter in
any way the immunities that are
available under applicable law
for Federal officers and
employees.
[(I) Ethical considerations.--
[(i) Financial disclosure.--During
the entire period that an individual is
serving as a member of the Committee,
such individual shall be treated as
serving as an officer or employee
referred to in section 13103(f) of
title 5 for purposes of subchapter I of
chapter 131 of such title; except that
section 13103(d) of such title shall
apply without regard to the number of
days of service in the position.
[(ii) Restrictions on post-
employment.--For purposes of section
207(c) of title 18, an individual who
is a member of the Committee shall be
treated as an employee referred to in
section 207(c)(2)(A)(i) of such title
during the entire period the individual
is a member of the Committee; except
that subsections (c)(2)(B) and (f) of
section 207 of such title shall not
apply.
[(J) Chairman; vice chairman.--The Council
shall elect a chair and a vice chair from among
the members appointed under paragraph (2)(C),
each of whom shall serve for a term of 1 year.
The vice chair shall perform the duties of the
chairman in the absence of the chairman.
[(K) Travel and per diem.--Each member of the
Council or Committee shall be paid actual
travel expenses, and per diem in lieu of
subsistence expenses when away from his or her
usual place of residence, in accordance with
section 5703 of title 5.
[(L) Detail of personnel from the
administration.--The Administrator shall make
available to the Council or Committee such
staff, information, and administrative services
and assistance as may reasonably be required to
enable the Council or Committee to carry out
its responsibilities under this subsection.
[(7) Air traffic services committee.--
[(A) Establishment.--The Administrator shall
establish a committee that is independent of
the Council by converting the Air Traffic
Services Subcommittee of the Council, as in
effect on the day before the date of enactment
of the Vision 100--Century of Aviation
Reauthorization Act, into such committee. The
committee shall be known as the Air Traffic
Services Committee (in this subsection referred
to as the ``Committee'').
[(B) Membership and qualifications.--Subject
to paragraph (6)(C), the Committee shall
consist of five members, one of whom shall be
the Administrator and shall serve as
chairperson. The remaining members shall be
appointed by the President with the advice and
consent of the Senate and--
[(i) shall have a fiduciary
responsibility to represent the public
interest;
[(ii) shall be citizens of the United
States; and
[(iii) shall be appointed without
regard to political affiliation and
solely on the basis of their
professional experience and expertise
in one or more of the following areas
and, in the aggregate, should
collectively bring to bear expertise in
all of the following areas:
[(I) Management of large
service organizations.
[(II) Customer service.
[(III) Management of large
procurements.
[(IV) Information and
communications technology.
[(V) Organizational
development.
[(VI) Labor relations.
[(C) Prohibitions on members of committee.--
No member of the Committee may--
[(i) have a pecuniary interest in, or
own stock in or bonds of, an aviation
or aeronautical enterprise, except an
interest in a diversified mutual fund
or an interest that is exempt from the
application of section 208 of title 18;
[(ii) engage in another business
related to aviation or aeronautics; or
[(iii) be a member of any
organization that engages, as a
substantial part of its activities, in
activities to influence aviation-
related legislation.
[(D) General responsibilities.--
[(i) Oversight.--The Committee shall
oversee the administration, management,
conduct, direction, and supervision of
the air traffic control system.
[(ii) Confidentiality.--The Committee
shall ensure that appropriate
confidentiality is maintained in the
exercise of its duties.
[(E) Specific responsibilities.--The
Committee shall have the following specific
responsibilities:
[(i) Strategic plans.--To review,
approve, and monitor the strategic plan
for the air traffic control system,
including the establishment of--
[(I) a mission and
objectives;
[(II) standards of
performance relative to such
mission and objectives,
including safety, efficiency,
and productivity; and
[(III) annual and long-range
strategic plans.
[(ii) Modernization and
improvement.--To review and approve--
[(I) methods to accelerate
air traffic control
modernization and improvements
in aviation safety related to
air traffic control; and
[(II) procurements of air
traffic control equipment in
excess of $100,000,000.
[(iii) Operational plans.--To review
the operational functions of the air
traffic control system, including--
[(I) plans for modernization
of the air traffic control
system;
[(II) plans for increasing
productivity or implementing
cost-saving measures; and
[(III) plans for training and
education.
[(iv) Management.--To--
[(I) review and approve the
Administrator's appointment of
a Chief Operating Officer under
section 106(r);
[(II) review the
Administrator's selection,
evaluation, and compensation of
senior executives of the
Administration who have program
management responsibility over
significant functions of the
air traffic control system;
[(III) review and approve the
Administrator's plans for any
major reorganization of the
Administration that would
impact on the management of the
air traffic control system;
[(IV) review and approve the
Administrator's cost accounting
and financial management
structure and technologies to
help ensure efficient and cost-
effective air traffic control
operation; and
[(V) review the performance
and compensation of managers
responsible for major
acquisition projects, including
the ability of the managers to
meet schedule and budget
targets.
[(v) Budget.--To--
[(I) review and make
recommendations on the budget
request of the Administration
related to the air traffic
control system prepared by the
Administrator;
[(II) submit such budget
recommendations to the
Secretary; and
[(III) base such budget
recommendations on the annual
and long-range strategic plans.
[(F) Committee personnel matters and
expenses.--
[(i) Personnel matters.--The
Committee may appoint and terminate for
purposes of employment by the Committee
any personnel that may be necessary to
enable the Committee to perform its
duties, and may procure temporary and
intermittent services under section
40122.
[(ii) Travel expenses.--Each member
of the Committee shall receive travel
expenses, including per diem in lieu of
subsistence, in accordance with
applicable provisions under subchapter
I of chapter 57 of title 5, United
States Code.
[(G) Administrative matters.--
[(i) Powers of chair.--Except as
otherwise provided by a majority vote
of the Committee, the powers of the
chairperson shall include--
[(I) establishing committees;
[(II) setting meeting places
and times;
[(III) establishing meeting
agendas; and
[(IV) developing rules for
the conduct of business.
[(ii) Meetings.--The Committee shall
meet at least quarterly and at such
other times as the chairperson
determines appropriate.
[(iii) Quorum.--Three members of the
Committee shall constitute a quorum. A
majority of members present and voting
shall be required for the Committee to
take action.
[(H) Authorization.--There are authorized to
be appropriated to the Committee such sums as
may be necessary for the Committee to carry out
its activities.
[(q) Aircraft Noise Ombudsman.--
[(1) Establishment.--There shall be in the
Administration an Aircraft Noise Ombudsman.
[(2) General duties and responsibilities.--The
Ombudsman shall--
[(A) be appointed by the Administrator;
[(B) serve as a liaison with the public on
issues regarding aircraft noise; and
[(C) be consulted when the Administration
proposes changes in aircraft routes so as to
minimize any increases in aircraft noise over
populated areas.
[(3) Number of full-time equivalent employees.--The
appointment of an Ombudsman under this subsection shall
not result in an increase in the number of full-time
equivalent employees in the Administration.]
(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.
(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.
(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.
(r) Chief Operating Officer.--
(1) In general.--
[(A) Appointment.--There shall be a Chief
Operating Officer for the air traffic control
system to be appointed by the Administrator,
with the approval of the Air Traffic Services
Committee. The Chief Operating Officer shall
report directly to the Administrator and shall
be subject to the authority of the
Administrator.]
(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.
(B) Qualifications.--The Chief Operating
Officer shall have a demonstrated ability in
management and knowledge of or experience in
aviation.
(C) Term.--The Chief Operating Officer shall
be appointed for a term of 5 years.
(D) Removal.--The Chief Operating Officer
shall serve at the pleasure of the
Administrator, except that the Administrator
shall make every effort to ensure stability and
continuity in the leadership of the air traffic
control system.
(E) Vacancy.--Any individual appointed to
fill a vacancy in the position of Chief
Operating Officer occurring before the
expiration of the term for which the
individual's predecessor was appointed [shall
be appointed for the remainder of that term]
may be appointed for either the remainder of
the term or for a full term.
(2) Compensation.--
(A) In general.--The Chief Operating Officer
shall be paid at an annual rate of basic pay to
be determined by the Administrator[, with the
approval of the Air Traffic Services
Committee]. The annual rate may not exceed the
annual compensation paid under section 102 of
title 3. The Chief Operating Officer shall be
subject to the post-employment provisions of
section 207 of title 18 as if the position of
Chief Operating Officer were described in
section 207(c)(2)(A)(i) of that title.
(B) Bonus.--In addition to the annual rate of
basic pay authorized by subparagraph (A), the
Chief Operating Officer may receive a bonus for
any calendar year not to exceed 30 percent of
the annual rate of basic pay, based upon the
Administrator's evaluation of the Chief
Operating Officer's performance in relation to
the performance goals set forth in the
performance agreement described in paragraph
(3).
(3) Annual performance agreement.--The Administrator
and the Chief Operating Officer[, in consultation with
the Air Traffic Services Committee,] shall enter into
an annual performance agreement that sets forth
measurable organization and individual goals for the
Chief Operating Officer in key operational areas. The
agreement shall be subject to review and renegotiation
on an [annual basis.] 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) Annual performance report.--The Chief Operating
Officer shall prepare and transmit to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate an annual management report containing [such
information as may be prescribed by the Secretary] 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.
(5) Responsibilities.--The Administrator may delegate
to the [Chief Operating Officer, or any other authority
within the Administration responsibilities, including]
Chief Operating Officer any authority of the
Administrator and shall delegate, at a minimum the
following:
(A) Strategic plans.--To implement the
strategic plan of the Administration for the
air traffic control system in order to
further--
(i) a mission and objectives;
(ii) standards of performance
relative to such mission and
objectives, including safety,
efficiency, and productivity;
(iii) annual and long-range strategic
plans; [and]
(iv) methods of the Administration to
accelerate air traffic control
modernization and improvements in
aviation safety related to air traffic
control[.]; and
(v) plans to integrate new entrant
operations into the national airspace
system and associated action items.
(B) Operations.--To oversee the day-to-day
operational functions of the Administration for
air traffic control, including--
(i) modernization of the air traffic
control system;
(ii) increasing productivity or
implementing cost-saving measures;
(iii) training and education; and
(iv) the management of cost-
reimbursable contracts.
(C) Budget.--To--
(i) develop a budget request of the
Administration related to the air
traffic control system;
(ii) submit such budget request to
the Administrator [and the Committee];
and
(iii) ensure that the budget request
supports the agency's annual and long-
range strategic plans for air traffic
control services.
(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.
[(8)] (7) Air traffic control system defined.--In
this section, the term ``air traffic control system''
has the meaning such term has under section 40102(a).
(s) Chief Technology Officer.--
(1) In general.--
(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.
[(A)] (B) Appointment.--[There shall be a
Chief Technology Officer appointed by the Chief
Operating Officer. The Chief Technology Officer
shall report directly to the Chief Operating
Officer.] 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)] (C) Minimum qualifications.--The Chief
Technology Officer shall have--
(i) at least 10 years experience in
engineering [management] management,
systems management, or another relevant
technical management field; and
(ii) knowledge of or experience in
the aviation industry.
[(C)] (D) Removal.--The Chief Technology
Officer shall serve at the pleasure of the
Administrator.
[(D) Restriction.--The Chief Technology
Officer may not also be the Deputy
Administrator.]
(2) Responsibilities.--The responsibilities of the
Chief Technology Officer shall include--
(A) ensuring the proper operation,
maintenance, and cybersecurity of technology
systems relating to the air traffic control
system across all [program] offices of the
Administration;
(B) coordinating the implementation,
operation, maintenance, and cybersecurity of
technology programs relating to the air traffic
control system with the aerospace industry and
other Federal agencies;
(C) reviewing and providing advice to the
Secretary, the Administrator, and the Chief
Operating Officer on the Administration's
budget, cost-accounting system, and benefit-
cost analyses with respect to technology
programs relating to the air traffic control
system;
(D) consulting with the Administrator on the
Capital Investment Plan of the Administration
prior to its submission to Congress;
(E) developing an annual air traffic control
system technology operation and maintenance
plan that is consistent with the annual
performance targets established under paragraph
(4); and
(F) ensuring that the air traffic control
system architecture remains, to the maximum
extent practicable, flexible enough to
incorporate future technological advances
developed and directly procured by [aircraft
operators] the Administration, aircraft
operators, or other private providers of
information and services related to air traffic
management.
(3) Compensation.--
(A) In general.--The Chief Technology Officer
shall be paid at an annual rate of basic pay to
be determined by the Administrator, in
consultation with the Chief Operating Officer.
The annual rate may not exceed the annual
compensation paid under section 102 of title 3.
[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) 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.
[(B)] (C) Bonus.--In addition to the annual
rate of basic pay authorized by subparagraph
(A), the Chief Technology Officer may receive a
bonus for any calendar year not to exceed 30
percent of the annual rate of basic pay, based
upon the Administrator's evaluation of the
Chief Technology Officer's performance in
relation to the performance targets established
under paragraph (4).
(4) Annual performance targets.--
(A) In general.--The Administrator and the
Chief Operating Officer, in consultation with
the Chief Technology Officer, shall establish
measurable annual performance targets for the
Chief Technology Officer in key operational
areas.
(B) Report.--The Administrator shall transmit
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 annual performance targets
established under subparagraph (A).
(5) Annual performance report.--The Chief Technology
Officer shall prepare and transmit to the Secretary of
Transportation, 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 containing--
(A) detailed descriptions and metrics of how
successful the Chief Technology Officer was in
meeting the annual performance targets
established under paragraph (4); and
(B) other information as may be requested by
the Administrator and the Chief Operating
Officer.
(t) Office of Whistleblower Protection and Aviation Safety
Investigations.--
(1) Establishment.--There is established in the
Federal Aviation Administration (in this subsection
referred to as the ``Agency'') the Office of
Whistleblower Protection and Aviation Safety
Investigations (in this subsection referred to as the
``Office'').
(2) Director.--
(A) Appointment.--The head of the Office
shall be the Director, who shall be appointed
by the Secretary of Transportation.
(B) Qualifications.--The Director shall have
a demonstrated ability in investigations and
knowledge of or experience in aviation.
(C) Term.--The Director shall be appointed
for a term of 5 years.
(D) Vacancies.--Any individual appointed to
fill a vacancy in the position of the Director
occurring before the expiration of the term for
which the individual's predecessor was
appointed shall be appointed for the remainder
of that term.
(E) Limitation of duties.-- The Director may
only perform duties of the Director described
in paragraph (3)(A).
(3) Complaints and investigations.--
(A) Authority of director.--The Director
shall--
(i) receive complaints and
information submitted by employees of
persons holding certificates issued
under title 14, Code of Federal
Regulations (if the certificate holder
does not have a similar in-house
whistleblower or safety and regulatory
noncompliance reporting process
established under or pursuant to a
safety management system) and employees
of the Agency concerning the possible
existence of an activity relating to a
violation of an order, a regulation, or
any other provision of Federal law
relating to aviation safety;
(ii) assess complaints and
information submitted under clause (i)
and determine whether a substantial
likelihood exists that a violation of
an order, a regulation, or any other
provision of Federal law relating to
aviation safety has occurred;
(iii) based on findings of the
assessment conducted under clause (ii),
make recommendations to the
Administrator of the Agency, in
writing, regarding further
investigation or corrective actions;
(iv) receive allegations of
whistleblower retaliation by employees
of the Agency;
(v) coordinate with and provide all
necessary assistance to the Office of
Investigations and Professional
Responsibility, the inspector general
of the Department of Transportation,
and the Office of Special Counsel on
investigations relating to
whistleblower retaliation by employees
of the Agency; and
(vi) investigate allegations of
whistleblower retaliation by employees
of the Agency that have been delegated
to the Office by the Office of
Investigations and Professional
Responsibility, the inspector general
of the Department of Transportation, or
the Office of Special Counsel.
(B) Disclosure of identities.--The Director
shall not disclose the identity of an
individual who submits a complaint or
information under subparagraph (A)(i) unless--
(i) the individual consents to the
disclosure in writing; or
(ii) the Director determines, in the
course of an investigation, that the
disclosure is required by regulation,
statute, or court order, or is
otherwise unavoidable, in which case
the Director shall provide the
individual reasonable advanced notice
of the disclosure.
(C) Independence of director.--The Secretary,
the Administrator, or any officer or employee
of the Agency may not prevent or prohibit the
Director from initiating, carrying out, or
completing any assessment of a complaint or
information submitted under subparagraph (A)(i)
or from reporting to Congress on any such
assessment.
(D) Access to information.--In conducting an
assessment of a complaint or information
submitted under subparagraph (A)(i), the
Director shall have access to all records,
reports, audits, reviews, documents, papers,
recommendations, and other material of the
Agency necessary to determine whether a
substantial likelihood exists that a violation
of an order, a regulation, or any other
provision of Federal law relating to aviation
safety may have occurred.
(4) Responses to recommendations.--Not later than 60
days after the date on which the Administrator receives
a report with respect to an investigation, the
Administrator shall respond to a recommendation made by
the Director under paragraph (3)(A)(iii) in writing and
retain records related to any further investigations or
corrective actions taken in response to the
recommendation.
(5) Incident reports.--If the Director determines
there is a substantial likelihood that a violation of
an order, a regulation, or any other provision of
Federal law relating to aviation safety has occurred
that requires immediate corrective action, the Director
shall report the potential violation expeditiously to
the Administrator and the Inspector General of the
Department of Transportation.
(6) Reporting of criminal violations to inspector
general.--If the Director has reasonable grounds to
believe that there has been a violation of Federal
criminal law, the Director shall report the violation
expeditiously to the Inspector General.
[(7) Annual reports to congress.--Not later than
November 15 of each year, the Director shall submit to
Congress a report containing--
[(A) information on the number of submissions
of complaints and information received by the
Director under paragraph (3)(A)(i) in the
preceding fiscal year;
[(B) summaries of those submissions;
[(C) summaries of the resolution of those
submissions, including any further
investigations and corrective actions
recommended in response to the submissions;
[(D) summaries of the responses of the
Administrator to such recommendations; and
[(E) A summary of the activities of the
Whistleblower Ombudsman, including--
[(i) the number of employee
consultations conducted by the
Whistleblower Ombudsman in the
preceding 12-month period and a summary
of such consultations and their
resolution (in a de-identified or
anonymized form); and
[(ii) the number of reported
incidents of retaliation during such
period and, if applicable, a
description of the disposition of such
incidents during such period.]
(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.
(8) Whistleblower ombudsman.--
(A) In general.--Within the Office, there
shall be established the position of
Whistleblower Ombudsman.
(B) Ombudsman qualifications.--The individual
selected as Ombudsman shall have knowledge of
Federal labor law and demonstrated government
experience in human resource management[,] and
conflict resolution.
(C) Duties.--The Ombudsman shall carry out
the following duties:
(i) Educate Administration employees
about prohibitions against materially
adverse acts of retaliation and any
specific rights or remedies with
respect to those retaliatory actions.
(ii) Serve as an independent
confidential resource for
Administration employees to discuss any
specific retaliation allegation and
available rights or remedies based on
the circumstances, as appropriate.
(iii) Coordinate with Human Resource
Management, the Office of
Accountability and Whistleblower
Protection, the Office of Professional
Responsibility, and the Office of the
Chief Counsel, as necessary.
(iv) Coordinate with the Office of
the Inspector General of the Department
of Transportation's Whistleblower
Protection Coordinator and the Office
of the Special Counsel, as necessary.
(v) Conduct outreach and assist in
the development of training within the
Agency to mitigate the potential for
retaliation and promote timely and
appropriate processing of any protected
disclosure or allegation of materially
adverse acts of retaliation.
* * * * * * *
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:
(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.
* * * * * * *
CHAPTER 3--GENERAL DUTIES AND POWERS
* * * * * * *
SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
* * * * * * *
Sec. 308. Reports
(a) As soon as practicable after the end of each fiscal year,
the Secretary of Transportation shall report to the President,
for submission to Congress, on the activities of the Department
of Transportation during the prior fiscal year.
[(b) The Secretary shall submit to the President and Congress
each year a report on the aviation activities of the
Department. The report shall include--
[(1) collected information the Secretary considers
valuable in deciding questions about--
[(A) the development and regulation of civil
aeronautics;
[(B) the use of airspace of the United
States; and
[(C) the improvement of the air navigation
and traffic control system; and
[(2) recommendations for additional legislation and
other action the Secretary considers necessary.]
[(c)] (b) The Secretary shall submit to Congress each year a
report on the conditions of the public ports of the United
States, including the--
(1) economic and technological development of the
ports;
(2) extent to which the ports contribute to the
national welfare and security; and
(3) factors that may impede the continued development
of the ports.
[(e)] (c)(1) The Secretary shall submit to Congress in March
1998, and in March of each even-numbered year thereafter, a
report of estimates by the Secretary on the current performance
and condition of public mass transportation systems with
recommendations for necessary administrative or legislative
changes.
(2) In reporting to Congress under this subsection, the
Secretary shall prepare a complete assessment of public
transportation facilities in the United States. The Secretary
also shall assess future needs for those facilities and
estimate future capital requirements and operation and
maintenance requirements for one-year, 5-year, and 10-year
periods at specified levels of service.
* * * * * * *
SUBCHAPTER II--ADMINISTRATIVE
* * * * * * *
Sec. 329. Transportation information
(a) The Secretary of Transportation may collect and collate
transportation information the Secretary decides will
contribute to the improvement of the transportation system of
the United States. To the greatest practical extent, the
Secretary shall use information available from departments,
agencies, and instrumentalities of the United States Government
and other sources. To the extent practical, the Secretary shall
make available to other Government departments, agencies, and
instrumentalities and to the public the information collected
under this subsection.
(b) The Secretary shall--
(1) collect and disseminate information on civil
aeronautics (other than that collected and disseminated
by the National Transportation Safety Board under
chapter 11 of this title) including, at a minimum,
information on (A) the origin and destination of
passengers in interstate air transportation (as that
term is used in part A of subtitle VII of this title),
and (B) the number of passengers traveling by air
between any two points in interstate air
transportation; except that in no case shall the
Secretary require an air carrier to provide information
on the number of passengers or the amount of cargo on a
specific flight if the flight and the flight number
under which such flight operates are used solely for
interstate air transportation and are not used for
providing essential air transportation under subchapter
II of chapter 417 of this title;
(2) collect and disseminate information on commercial
space transportation 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;
[(2)] (3) study the possibilities of developing air
commerce and the [aeronautical] aerospace industry; and
[(3)] (4) exchange information on [civil aeronautics]
civil aerospace with governments of foreign countries
through appropriate departments, agencies, and
instrumentalities of the Government.
(c)(1) On the written request of a person, a State,
territory, or possession of the United States, or a political
subdivision of a State, territory, or possession, the Secretary
may--
(A) make special statistical studies on foreign and
domestic transportation;
(B) make special studies on other matters related to
duties and powers of the Secretary;
(C) prepare, from records of the Department of
Transportation, special statistical compilations; and
(D) provide transcripts of studies, tables, and other
records of the Department.
(2) The person or governmental authority requesting
information under paragraph (1) of this subsection must pay the
actual cost of preparing the information. Payments shall be
deposited in the Treasury in an account that the Secretary
shall administer. The Secretary may use amounts in the account
for the ordinary expenses incidental to getting and providing
the information.
(d) To assist in carrying out duties and powers under part A
of subtitle VII of this title, the Secretary of Transportation
shall maintain separate cooperative agreements with the
Secretary of Defense and the Administrator of the National
Aeronautics and Space Administration for the timely exchange of
information on their programs, policies, and requirements
directly related to carrying out that part.
(e) Incidents and Complaints Involving Passenger and Baggage
Security Screening.--
(1) Publication of data.--The Secretary of
Transportation shall publish data on incidents and
complaints involving passenger and baggage security
screening in a manner comparable to other consumer
complaint and incident data.
(2) Monthly reports from secretary of homeland
security.--To assist in the publication of data under
paragraph (1), the Secretary of Transportation may
request the Secretary of Homeland Security to
periodically report on the number of complaints about
security screening received by the Secretary of
Homeland Security.
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
* * * * * * *
Chapter Sec.
* * * * * * *
Surface Transportation Board..................................1301
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER I--GENERAL
Sec.
* * * * * * *
SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE
* * * * * * *
[117. Methodology.
[1117. Annual report.]
1117. Methodology.
* * * * * * *
1120. Office of Oversight, Accountability, and Quality Assurance.
SUBCHAPTER III--AUTHORITY
[1136. Assistance to families of passengers involved in aircraft
accidents.]
1136. Assistance to passengers involved in aircraft accidents and
families of such passengers.
* * * * * * *
[1139. Assistance to families of passengers involved in rail passenger
accidents.]
1139. Assistance to passengers involved in rail passenger accidents and
families of such passengers.
* * * * * * *
SUBCHAPTER I--GENERAL
[Sec. 1101. Definitions
[Section 2101(23) of title 46 and section 40102(a) of this
title apply to this chapter. In this chapter, 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.]
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.
SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE
* * * * * * *
Sec. 1113. Administrative
(a) General Authority.--(1) The National Transportation
Safety Board, and when authorized by it, a member of the Board,
an administrative law judge employed by or assigned to the
Board, or an officer or employee designated by the Chairman of
the Board, may conduct hearings to carry out this chapter,
administer oaths, and require, by subpoena or otherwise,
necessary witnesses and evidence.
(2) A witness or evidence in a hearing under paragraph (1) of
this subsection may be summoned or required to be produced from
any place in the United States to the designated place of the
hearing. A witness summoned under this subsection is entitled
to the same fee and mileage the witness would have been paid in
a court of the United States.
(3) A subpoena shall be issued under the signature of the
Chairman or the Chairman's delegate but may be served by any
person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or inspection
notice of the Board, the Board may bring a civil action in a
district court of the United States to enforce the subpoena,
order, or notice. An action under this paragraph may be brought
in the judicial district in which the person against whom the
action is brought resides, is found, or does business. The
court may punish a failure to obey an order of the court to
comply with the subpoena, order, or notice as a contempt of
court.
(b) Additional Powers.--(1) The Board may--
(A) procure the temporary or intermittent services of
experts or consultants under section 3109 of title 5;
(B) make agreements and other transactions necessary
to carry out this chapter without regard to section
6101(b) to (d) of title 41;
(C) use, when appropriate, available services,
equipment, personnel, and facilities of a department,
agency, or instrumentality of the United States
Government on a reimbursable or other basis;
(D) confer with employees and use services, records,
and facilities of State and local governmental
authorities;
(E) appoint advisory committees composed of qualified
private citizens and officials of the Government and
State and local governments as appropriate;
(F) accept voluntary and uncompensated services
notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to carry
out studies related to duties and powers of the Board;
(I) negotiate and enter into agreements with
individuals and private entities and departments,
agencies, and instrumentalities of the Government,
State and local governments, and governments of foreign
countries for the provision of facilities, accident-
related and technical services or training in accident
investigation theory and techniques, and require that
such entities provide appropriate consideration for the
reasonable costs of any facilities, goods, services, or
training provided by the Board[; and];
(J) notwithstanding section 1343 of title 31, acquire
1 or more small unmanned aircraft (as defined in
section 44801) for use in investigations under this
chapter[.]; and
(K) notwithstanding section 3301 of title 41, acquire
training on emerging transportation technologies.
(2) The Board shall deposit in the Treasury amounts received
under paragraph (1)(I) of this subsection to be credited as
offsetting collections to the appropriation of the Board. The
Board shall maintain an annual record of collections received
under paragraph (1)(I) of this subsection.
(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.
(c) Submission of Certain Copies to Congress.--When the Board
submits to the President or the Director of the Office of
Management and Budget a budget estimate, budget request,
supplemental budget estimate, other budget information, a
legislative recommendation, prepared testimony for
congressional hearings, or comments on legislation, the Board
must submit a copy to Congress at the same time. An officer,
department, agency, or instrumentality of the Government may
not require the Board to submit the estimate, request,
information, recommendation, testimony, or comments to another
officer, department, agency, or instrumentality of the
Government for approval, comment, or review before being
submitted to Congress. The Board shall develop and approve a
process for the Board's review and comment or approval of
documents submitted to the President, Director of the Office of
Management and Budget, or Congress under this subsection.
(d) Liaison Committees.--The Chairman may determine the
number of committees that are appropriate to maintain effective
liaison with other departments, agencies, and instrumentalities
of the Government, State and local governmental authorities,
and independent standard-setting authorities that carry out
programs and activities related to transportation safety. The
Board may designate representatives to serve on or assist those
committees.
(e) Inquiries.--The Board, or an officer or employee of the
Board designated by the Chairman, may conduct an inquiry to
obtain information related to transportation safety after
publishing notice of the inquiry in the Federal Register. The
Board or designated officer or employee may require by order a
department, agency, or instrumentality of the Government, a
State or local governmental authority, or a person transporting
individuals or property in commerce to submit to the Board a
written report and answers to requests and questions related to
a duty or power of the Board. The Board may prescribe the time
within which the report and answers must be given to the Board
or to the designated officer or employee. Copies of the report
and answers shall be made available for public inspection.
(f) Regulations.--The Board may prescribe regulations to
carry out this chapter.
(g) Overtime Pay.--
(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of
section 5542(a) of title 5, for an employee of the
Board whose basic pay is at a rate which equals or
exceeds the minimum rate of basic pay for GS-10 of the
General Schedule, the Board may establish an overtime
hourly rate of pay for the employee with respect to
work performed at the scene of an accident (including
travel to or from the scene) and other work that is
critical to an accident investigation in an amount
equal to one and one-half times the hourly rate of
basic pay of the employee. All of such amount shall be
considered to be premium pay.
(2) Limitation on overtime pay to an employee.--An
employee of the Board may not receive overtime pay
under paragraph (1), for work performed in a calendar
year, in an amount that exceeds 15 percent of the
annual rate of basic pay of the employee for such
calendar year.
(3) Limitation on total amount of overtime pay.--The
Board may not make overtime payments under paragraph
(1) for work performed in any fiscal year in a total
amount that exceeds 1.5 percent of the amount
appropriated to carry out this chapter for that fiscal
year.
(4) Basic pay defined.--In this subsection, the term
``basic pay'' includes any applicable locality-based
comparability payment under section 5304 of title 5 (or
similar provision of law) and any special rate of pay
under section 5305 of title 5 (or similar provision of
law).
[(5) Annual report.--Not later than January 31, 2002,
and annually thereafter, the Board shall transmit to
the Senate Committee on Commerce, Science, and
Transportation and the House Transportation and
Infrastructure Committee a report identifying the total
amount of overtime payments made under this subsection
in the preceding fiscal year, and the number of
employees whose overtime pay under this subsection was
limited in that fiscal year as a result of the 15
percent limit established by paragraph (2).]
(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;
(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.
(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.
(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. 1114. Disclosure, availability, and use of information
(a) General.--(1) Except as provided in subsections (b), (c),
(d), and (f) of this section, a copy of a record, information,
or investigation submitted or received by the National
Transportation Safety Board, or a member or employee of the
Board, shall be made available to the public on identifiable
request and at reasonable cost. This subsection does not
require the release of information described by section 552(b)
of title 5 or protected from disclosure by another law of the
United States.
(2) The Board shall deposit in the Treasury amounts received
under paragraph (1) to be credited to the appropriation of the
Board as offsetting collections.
(b) [Trade Secrets] Certain Confidential Information.--(1)
[The Board] In general._The Board may disclose [information
related to a trade secret referred to in section 1905 of title
18] confidential information described in section 1905 of title
18, including trade secrets, only--
(A) to another department, agency, or instrumentality
of the United States Government when requested for
official use;
(B) to a committee of Congress having jurisdiction
over the subject matter to which the information is
related, when requested by that committee;
(C) in a judicial proceeding under a court order that
preserves the confidentiality of the information
without impairing the proceeding; and
(D) to the public to protect health and safety after
giving notice to any interested person to whom the
information is related and an opportunity for that
person to comment in writing, or orally in closed
session, on the proposed disclosure, if the delay
resulting from notice and opportunity for comment would
not be detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this
subsection may be disclosed only in a way designed to preserve
its confidentiality.
(3) Protection of Voluntary Submission of Information.--
Notwithstanding any other provision of law, neither the Board,
nor any agency receiving information from the Board, shall
disclose voluntarily provided safety-related information if
that information is not related to the exercise of the Board's
accident or incident investigation authority under this chapter
and if the Board finds that the disclosure of the information
would inhibit the voluntary provision of that type of
information.
(c) Cockpit Recordings and Transcripts.--
(1) Confidentiality of recordings.--Except as
provided in paragraph (2), the Board may not disclose
publicly any part of a cockpit voice or video recorder
recording or transcript of oral communications by and
between flight crew members and ground stations related
to an accident or incident investigated by the Board.
(2) Exception.--Subject to subsections (b) and (g),
the Board shall make public any part of a transcript,
any written depiction of visual information obtained
from a video recorder, or any still image obtained from
a video recorder the Board decides is relevant to the
accident or incident--
(A) if the Board holds a public hearing on
the accident or incident, at the time of the
hearing; or
(B) if the Board does not hold a public
hearing, at the time a majority of the other
factual reports on the accident or incident are
placed in the public docket.
(3) References to information in making safety
recommendations.--This subsection does not prevent the
Board from referring at any time to cockpit voice or
video recorder information in making safety
recommendations.
(d) Surface Vehicle Recordings and Transcripts.--
(1) Confidentiality of recordings.--Except as
provided in paragraph (2), the Board may not disclose
publicly any part of a surface vehicle voice or video
recorder recording or transcript of oral communications
by or among drivers, train employees, or other
operating employees responsible for the movement and
direction of the vehicle or vessel, or between such
operating employees and company communication centers,
related to an accident investigated by the Board.
(2) Exception.--Subject to subsections (b) and (g),
the Board shall make public any part of a transcript,
any written depiction of visual information obtained
from a video recorder, or any still image obtained from
a video recorder the Board decides is relevant to the
accident--
(A) if the Board holds a public hearing on
the accident, at the time of the hearing; or
(B) if the Board does not hold a public
hearing, at the time a majority of the other
factual reports on the accident are placed in
the public docket.
(3) References to information in making safety
recommendations.--This subsection does not prevent the
Board from referring at any time to voice or video
recorder information in making safety recommendations.
(e) Drug Tests.--(1) Notwithstanding section 503(e) of the
Supplemental Appropriations Act, 1987 (Public Law 100-71, 101
Stat. 471), the Secretary of Transportation shall provide the
following information to the Board when requested in writing by
the Board:
(A) any report of a confirmed positive toxicological
test, verified as positive by a medical review officer,
conducted on an officer or employee of the Department
of Transportation under post-accident, unsafe practice,
or reasonable suspicion toxicological testing
requirements of the Department, when the officer or
employee is reasonably associated with the
circumstances of an accident or incident under the
investigative jurisdiction of the Board.
(B) any laboratory record documenting that the test
is confirmed positive.
(2) Except as provided by paragraph (3) of this subsection,
the Board shall maintain the confidentiality of, and exempt
from disclosure under section 552(b)(3) of title 5--
(A) a laboratory record provided the Board under
paragraph (1) of this subsection that reveals medical
use of a drug allowed under applicable regulations; and
(B) medical information provided by the tested
officer or employee related to the test or a review of
the test.
(3) The Board may use a laboratory record made available
under paragraph (1) of this subsection to develop an
evidentiary record in an investigation of an accident or
incident if--
(A) the fitness of the tested officer or employee is
at issue in the investigation; and
(B) the use of that record is necessary to develop
the evidentiary record.
(f) Foreign Investigations.--
(1) In general.--Notwithstanding any other provision
of law, neither the Board, nor any agency receiving
information from the Board, shall disclose records or
information relating to its participation in foreign
aircraft accident investigations; except that--
(A) the Board shall release records
pertaining to such an investigation when the
country conducting the investigation issues its
final report or 2 years following the date of
the accident, whichever occurs first; and
(B) the Board may disclose records and
information when authorized to do so by the
country conducting the investigation.
(2) Safety recommendations.--Nothing in this
subsection shall restrict the Board at any time from
referring to foreign accident investigation information
in making safety recommendations.
(g) Privacy Protections.--Before making public any still
image obtained from a video recorder under subsection (c)(2) or
subsection (d)(2), the Board shall take such action as
appropriate to protect from public disclosure any information
that readily identifies an individual, including a decedent.
(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.
Sec. 1115. Training
(a) Definition.--In this section, ``Institute'' means the
Transportation Safety Institute of the Department of
Transportation and any successor organization of the Institute.
(b) Use of Institute Services.--The National Transportation
Safety Board may use, on a reimbursable basis, the services of
the Institute. The Secretary of Transportation shall make the
Institute available to--
(1) the Board for safety training of employees of the
Board in carrying out their duties and powers; and
(2) other safety personnel of the United States
Government, State and local governments, governments of
foreign countries, interstate authorities, and private
organizations the Board designates in consultation with
the Secretary.
(c) Fees.--(1) Training at the Institute for safety personnel
(except employees of the Government) shall be provided at a
reasonable fee established periodically by the Board in
consultation with the Secretary. The fee shall be paid directly
to the Secretary, and the Secretary shall deposit the fee in
the Treasury. The amount of the fee--
(A) shall be credited to the appropriate
appropriation (subject to the requirements of any
annual appropriation); and
(B) is an offset against any annual reimbursement
agreement between the Board and the Secretary to cover
all reasonable costs of providing training under this
subsection that the Secretary incurs in operating the
Institute.
(2) The Board shall maintain an annual record of offsets
under paragraph (1)(B) of this subsection.
(d) Training of board employees and others.--The Board may
conduct training of its employees in those subjects necessary
for the proper performance of accident investigation 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). The Board may also
authorize attendance at courses given under this subsection by
other government personnel, personnel of foreign governments,
and personnel from industry or otherwise who have a requirement
for accident investigation training. The Board may require non-
Board personnel to reimburse some or all of the training costs,
and amounts so reimbursed shall be credited to the
appropriation of the Board as offsetting collections.
Sec. 1116. Reports, studies, and retrospective reviews
(a) Periodic Reports.--The National Transportation Safety
Board shall report periodically to Congress, departments,
agencies, and instrumentalities of the United States Government
and State and local governmental authorities concerned with
transportation safety, and other interested persons. The report
shall--
(1) advocate meaningful responses to reduce the
likelihood of transportation accidents similar to those
investigated by the Board; and
(2) propose corrective action to make the
transportation of individuals as safe and free from
risk of injury as possible, including action to
minimize personal injuries that occur in transportation
accidents.
(b) Studies, Investigations, and Other Reports.--The Board
also shall--
(1) carry out special studies and investigations
about transportation safety, including avoiding
personal injury;
(2) examine techniques and methods of accident
investigation and periodically publish recommended
procedures for accident investigations;
(3) prescribe requirements for persons reporting
accidents and aviation incidents that--
(A) may be investigated by the Board under
this chapter; or
(B) involve public aircraft (except aircraft
of the armed forces and the intelligence
agencies);
(4) evaluate, examine the effectiveness of, and
publish the findings of the Board about the
transportation safety consciousness of other
departments, agencies, and instrumentalities of the
Government and their effectiveness in preventing
accidents; and
(5) evaluate the adequacy of safeguards and
procedures for the transportation of hazardous material
and the performance of other departments, agencies, and
instrumentalities of the Government responsible for the
safe transportation of that material.
(c) Annual Report.--The National Transportation Safety Board
shall submit a report to Congress on July 1 of each year. The
report shall include--
(1) a statistical and analytical summary of the
transportation accident investigations conducted and
reviewed by the Board during the prior calendar year;
(2) a survey and summary of the recommendations made
by the Board to reduce the likelihood of recurrence of
those accidents together with the observed response to
each recommendation;
(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;
[(3)] (4) a detailed appraisal of the accident
investigation and accident prevention activities of
other departments, agencies, and instrumentalities of
the United States Government and State and local
governmental authorities having responsibility for
those activities under a law of the United States or a
State;
[(4)] (5) a description of the activities and
operations of the National Transportation Safety Board
Training Center during the prior calendar year;
[(5)] (6) a list of accidents, during the prior
calendar year, that the Board was required to
investigate under section 1131 but did not investigate
and an explanation of why they were not investigated;
and
[(6)] (7) a list of ongoing investigations that have
exceeded the expected time allotted for completion by
Board order and an explanation for the additional time
required to complete each such investigation.
(d) Retrospective Reviews.--
(1) In general.--Subject to paragraph (2), not later
than June 1, 2019, and at least every 5 years
thereafter, the Chairman shall complete a retrospective
review of recommendations issued by the Board that are
classified as open by the Board.
(2) Contents.--A review under paragraph (1) shall
include--
(A) a determination of whether the
recommendation should be updated, closed, or
reissued in light of--
(i) changed circumstances;
(ii) more recently issued
recommendations;
(iii) the availability of new
technologies; or
(iv) new information making the
recommendation ineffective or
insufficient for achieving its
objective; and
(B) a justification for each determination
under subparagraph (A).
(3) Report.--Not later than 180 days after the date a
review under paragraph (1) is complete, the Chairman
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
(A) the findings of the review under
paragraph (1);
(B) each determination under paragraph (2)(A)
and justification under paragraph (2)(B); and
(C) if applicable, a schedule for updating,
closing, or reissuing a recommendation.
* * * * * * *
Sec. 1118. Authorization of appropriations
[(a) In General.--There are authorized to be appropriated for
the purposes of this chapter $111,400,000 for fiscal year 2019,
$112,400,000 for fiscal year 2020, $113,400,000 for fiscal year
2021, and $114,400,000 for fiscal year 2022. Such sums shall
remain available until expended.]
(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.
(b) Emergency Fund.--The Board has an emergency fund of
$2,000,000 available for necessary expenses of the Board, not
otherwise provided for, for accident investigations. In
addition, there are authorized to be appropriated such sums as
may be necessary to increase the fund to, and maintain the fund
at, a level not to exceed $4,000,000.
(c) Fees, Refunds, and Reimbursements.--
(1) In general.--The Board may impose and collect
such fees, refunds, and reimbursements as it determines
to be appropriate for services provided by or through
the Board.
(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee,
refund, or reimbursement collected under this
subsection--
(A) shall be credited as offsetting
collections to the account that finances the
activities and services for which the fee is
imposed or with which the refund or
reimbursement is associated;
(B) shall be available for expenditure only
to pay the costs of activities and services for
which the fee is imposed or with which the
refund or reimbursement is associated; and
(C) shall remain available until expended.
(3) Refunds.--The Board may refund any fee paid by
mistake or any amount paid in excess of that required.
* * * * * * *
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.
SUBCHAPTER III--AUTHORITY
Sec. 1131. General authority
(a) General.--(1) The National Transportation Safety Board
shall investigate or have investigated (in detail the Board
prescribes) and establish the facts, circumstances, and cause
or probable cause of--
(A) an aircraft accident the Board has authority to
investigate under section 1132 of this title or an
aircraft accident involving a public aircraft as
defined by section 40102(a) of this title other than an
aircraft operated by the Armed Forces or by an
intelligence agency of the United States;
(B) a highway accident, including a railroad grade
crossing accident, the Board [selects in cooperation
with a State] selects, concurrent with any State
investigation;
(C) a railroad [accident in which there is a fatality
or substantial property damage, or that involves a
passenger train] 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;
(D) a pipeline accident in which there is a fatality,
substantial property damage, or significant injury to
the environment;
(E) a major marine casualty (except a casualty
involving only public vessels) occurring on or under
the navigable waters, internal waters, or the
territorial sea of the United States as described in
Presidential Proclamation No. 5928 of December 27,
1988, or involving a vessel of the United States (as
defined in section 116 of title 46), under regulations
prescribed jointly by the Board and the head of the
department in which the Coast Guard is operating; and
(F) any other accident related to the transportation
of individuals or property when the Board decides--
(i) the accident is catastrophic;
(ii) the accident involves problems of a
recurring character; or
(iii) the investigation of the accident would
carry out this chapter.
(2)(A) Subject to the requirements of this paragraph, an
investigation by the Board under paragraph (1)(A)-(D) or (F) of
this subsection has priority over any investigation by another
department, agency, or instrumentality of the United States
Government. The Board shall provide for appropriate
participation by other departments, agencies, or
instrumentalities in the investigation. However, those
departments, agencies, or instrumentalities may not participate
in the decision of the Board about the probable cause of the
accident.
(B) If the Attorney General, in consultation with the
Chairman of the Board, determines and notifies the Board that
circumstances reasonably indicate that the accident may have
been caused by an intentional criminal act, the Board shall
relinquish investigative priority to the Federal Bureau of
Investigation. The relinquishment of investigative priority by
the Board shall not otherwise affect the authority of the Board
to continue its investigation under this section.
(C) If a Federal law enforcement agency suspects and notifies
the Board that an accident being investigated by the Board
under subparagraph (A), (B), (C), or (D) of paragraph (1) may
have been caused by an intentional criminal act, the Board, in
consultation with the law enforcement agency, shall take
necessary actions to ensure that evidence of the criminal act
is preserved.
(3) This section and sections 1113, 1116(b), 1133, and
1134(a) and (c)-(e) of this title do not affect the authority
of another department, agency, or instrumentality of the
Government to investigate an accident under applicable law or
to obtain information directly from the parties involved in,
and witnesses to, the accident. The Board and other
departments, agencies, and instrumentalities shall ensure that
appropriate information developed about the accident is
exchanged in a timely manner.
(b) Accidents Involving Public Vessels.--(1) The Board or the
head of the department in which the Coast Guard is operating
shall investigate and establish the facts, circumstances, and
cause or probable cause of a marine accident involving a public
vessel and any other vessel. The results of the investigation
shall be made available to the public.
(2) Paragraph (1) of this subsection and subsection (a)(1)(E)
of this section do not affect the responsibility, under another
law of the United States, of the head of the department in
which the Coast Guard is operating.
(c) Accidents Not Involving Government Misfeasance or
Nonfeasance.--(1) When asked by the Board, the Secretary of
Transportation or the Secretary of the department in which the
Coast Guard is operating may--
(A) investigate an accident described under
subsection (a) or (b) of this section in which
misfeasance or nonfeasance by the Government has not
been alleged; and
(B) report the facts and circumstances of the
accident to the Board.
(2) The Board shall use the report in establishing cause or
probable cause of an accident described under subsection (a) or
(b) of this section.
(d) Accidents Involving Public Aircraft.--The Board, in
furtherance of its investigative duties with respect to public
aircraft accidents under subsection (a)(1)(A) of this section,
shall have the same duties and powers as are specified for
civil aircraft accidents under sections 1132(a), 1132(b), and
1134(a), (b), (d), and (f) of this title.
(e) Accident Reports.--The Board shall report on the facts
and circumstances of each accident investigated by it under
subsection (a) or (b) of this section. The Board shall make
each report available to the [public at reasonable cost.]
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.
(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. 1134. Inspections and autopsies
(a) Entry and Inspection.--An officer or employee of the
National Transportation Safety Board--
(1) on display of appropriate credentials and written
notice of inspection authority, may enter property
where a transportation accident has occurred or
wreckage from the accident is located and do anything
necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record,
including an electronic record, process, control, or
facility related to an accident investigation under
this chapter.
(b) Inspection, Testing, Preservation, and Moving of Aircraft
and Parts.--(1) In investigating an aircraft accident under
this chapter, the Board may inspect and test, to the extent
necessary, any civil aircraft, aircraft engine, propeller,
appliance, or property on an aircraft involved in an accident
in air commerce.
(2) Any civil aircraft, aircraft engine, propeller,
appliance, or property on an aircraft involved in an accident
in air commerce shall be preserved, and may be moved, only as
provided by regulations of the Board.
(c) Avoiding Unnecessary Interference and Preserving
Evidence.--In carrying out subsection (a)(1) of this section,
an officer or employee may examine or test any vehicle, vessel,
rolling stock, track, or pipeline component. The examination or
test shall be conducted in a way that--
(1) does not interfere unnecessarily with
transportation services provided by the owner or
operator of the vehicle, vessel, rolling stock, track,
or pipeline component; and
(2) to the maximum extent feasible, preserves
evidence related to the accident, consistent with the
needs of the investigation and with the cooperation of
that owner or operator.
(d) Exclusive Authority of Board.--Only the Board has the
authority to decide on the way in which testing under this
section will be conducted, including decisions on the person
that will conduct the test, the type of test that will be
conducted, and any individual who will witness the test. Those
decisions are committed to the discretion of the Board. The
Board shall make any of those decisions based on the needs of
the investigation being conducted and, when applicable,
subsections (a), (c), and (e) of this section.
(e) Promptness of Tests and Availability of Results.--An
inspection, examination, or test under subsection (a) or (c) of
this section shall be started and completed promptly, and the
results shall be made available.
(f) Autopsies.--(1) The Board may order an autopsy to be
performed and have other tests made when necessary to
investigate an accident under this chapter. However, local law
protecting religious beliefs related to autopsies shall be
observed to the extent consistent with the needs of the
accident investigation.
(2) With or without reimbursement, the Board may obtain a
copy of an autopsy report performed by a State or local
official on an individual who died because of a transportation
accident investigated by the Board under this chapter.
(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. 1135. Secretary of Transportation's responses to safety
recommendations
(a) General.--When the National Transportation Safety Board
submits a recommendation about transportation safety to the
Secretary of Transportation, the Secretary shall give to the
Board a formal written response to each recommendation not
later than 90 days after receiving the recommendation. The
response shall indicate whether the Secretary intends--
(1) to carry out procedures to adopt the complete
recommendation;
(2) to carry out procedures to adopt a part of the
recommendation; or
(3) to refuse to carry out procedures to adopt the
recommendation.
(b) Timetable for Completing Procedures and Reasons for
Refusals.--A response under subsection (a)(1) or (2) of this
section shall include a copy of a proposed timetable for
completing the procedures. A response under subsection (a)(2)
of this section shall detail the reasons for the refusal to
carry out procedures on the remainder of the recommendation. A
response under subsection (a)(3) of this section shall detail
the reasons for the refusal to carry out procedures.
(c) Public Availability.--The Board shall make a copy of each
recommendation and response available to the [public at
reasonable cost.] 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.
(d) Annual Report on Air Carrier Safety Recommendations.--
(1) In general.--The Secretary shall submit to
Congress and the Board, on an annual basis, a report on
the recommendations made by the Board to the Secretary
regarding air carrier operations conducted under part
121 of title 14, Code of Federal Regulations.
(2) Recommendations to be covered.--The report shall
cover--
(A) any recommendation for which the
Secretary has developed, or intends to develop,
procedures to adopt the recommendation or part
of the recommendation, but has yet to complete
the procedures; and
(B) any recommendation for which the
Secretary, in the preceding year, has issued a
response under subsection (a)(2) or (a)(3)
refusing to carry out all or part of the
procedures to adopt the recommendation.
(3) Contents.--
(A) Plans to adopt recommendations.--For each
recommendation of the Board described in
paragraph (2)(A), the report shall contain--
(i) a description of the
recommendation;
(ii) a description of the procedures
planned for adopting the recommendation
or part of the recommendation;
(iii) the proposed date for
completing the procedures; and
(iv) if the Secretary has not met a
deadline contained in a proposed
timeline developed in connection with
the recommendation under subsection
(b), an explanation for not meeting the
deadline.
(B) Refusals to adopt recommendations.--For
each recommendation of the Board described in
paragraph (2)(B), the report shall contain--
(i) a description of the
recommendation; and
(ii) a description of the reasons for
the refusal to carry out all or part of
the procedures to adopt the
recommendation.
(e) Reporting Requirements.--
(1) Annual secretarial regulatory status reports.--On
February 1 of each year, the Secretary shall submit a
report to Congress and the Board containing the
regulatory status of each recommendation made by the
Board to the Secretary (or to an Administration within
the Department of Transportation) that is on the
Board's ``most wanted list''. The Secretary shall
continue to report on the regulatory status of each
such recommendation in the report due on February 1 of
subsequent years until final regulatory action is taken
on that recommendation or the Secretary (or an
Administration within the Department) determines and
states in such a report that no action should be taken.
(2) Failure to report.--If on March 1 of each year
the Board has not received the Secretary's report
required by this subsection, 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 the
Secretary's failure to submit the required report.
(3) Compliance report with recommendations.--Within
90 days after the date on which the Secretary submits a
report under this subsection, the Board shall review
the Secretary's report and transmit comments on the
report to the Secretary, the Committee on Commerce,
Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the
House of Representatives.
Sec. 1136. Assistance [to families of passengers involved in aircraft
accidents] to passengers involved in aircraft
accidents and families of such passengers
(a) In General.--As soon as practicable after being notified
of an aircraft accident within United States airspace or
airspace delegated to the United States involving an air
carrier or foreign air carrier, resulting in any loss of life,
and for which the National Transportation Safety Board will
serve as the lead investigative agency, the Chairman of the
[National Transportation Safety Board shall] Board shall--
(1) designate and publicize the name and phone number
of a director of family support services who shall be
an employee of the Board and shall be responsible for
acting as a point of contact within the Federal
Government for the families of passengers involved in
the accident and a liaison between the air carrier or
foreign air carrier and the families; and
(2) designate an independent nonprofit organization,
with experience in disasters and posttrauma
communication with families, which shall have primary
responsibility for coordinating the [emotional care and
support] emotional, psychological, and spiritual care
and support services of [the families of passengers
involved in the accident] passengers involved in the
accident and the families of such passengers.
(b) Responsibilities of the Board.--The Board shall have
primary Federal responsibility for facilitating the recovery
and identification of fatally-injured passengers involved in an
accident described in subsection (a).
(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection (a)(2)
shall have the following responsibilities with respect to [the
families of passengers involved in the accident] passengers
involved in the accident and the families of such passengers:
(1) To provide [mental health and counseling
services] emotional, psychological, and spiritual care
and support services, in coordination with the disaster
response team of the air carrier or foreign air carrier
involved.
(2) To take such actions as may be necessary to
provide an environment in which the families may grieve
in private.
(3) To meet with [the families who have traveled to
the location of the accident] passengers involved in
the accident and the families of such passengers who
have traveled to the location of the accident, to
contact the families unable to travel to such location,
and to contact all passengers and affected families
periodically thereafter until such time as the
organization, in consultation with the director of
family support services designated for the accident
under subsection (a)(1), determines that further
assistance is no longer needed.
(4) To communicate with the passengers and families
as to the roles of the organization, government
agencies, and the air carrier or foreign air carrier
involved with respect to the accident and the post-
accident activities.
(5) To arrange a suitable memorial service, in
consultation with the families.
[(d) Passenger Lists.--
[(1) Requests for passenger lists.--
[(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 list, which is based on the
best available information at the time of the
request, of the names of the passengers that
were aboard the aircraft involved in the
accident.
[(B) 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 list described in subparagraph
(A).
[(2) Use of information.--The director of family
support services and the organization may not release
to any person information on a list obtained under
paragraph (1) but may provide information on the list
about a passenger to the family of the passenger to the
extent that the director of family support services or
the organization considers appropriate.]
(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.
(e) Continuing Responsibilities of the Board.--In the course
of its investigation of an accident described in subsection
(a), the Board shall, to the maximum extent practicable, ensure
that the families of passengers involved in the accident--
(1) are briefed, prior to any public briefing, about
the accident, its causes, and any other findings from
the investigation; and
(2) are individually informed of and allowed to
attend any public hearings and meetings of the Board
about the accident.
(f) Use of Air Carrier Resources.--To the extent practicable,
the organization designated for an accident under subsection
(a)(2) shall coordinate its activities with the air carrier or
foreign air carrier involved in the accident so that the
resources of the carrier can be used to the greatest extent
possible to carry out the organization's responsibilities under
this section.
(g) Prohibited Actions.--
(1) Actions to impede the board.--No person
(including a State or political subdivision) may impede
the ability of the Board (including the director of
family support services designated for an accident
under subsection (a)(1)), or an organization designated
for an accident under subsection (a)(2), to carry out
its responsibilities under this section or the ability
of [the families of passengers involved in the
accident] passengers involved in the accident and the
families of such passengers to have contact with one
another.
(2) Unsolicited communications.--In the event of an
accident involving an air carrier providing interstate
or foreign air transportation and in the event of an
accident involving a foreign air carrier that occurs
within the United States, no unsolicited communication
concerning a potential action for personal injury or
wrongful death may be made by an attorney (including
any associate, agent, employee, or other representative
of an attorney) or any potential party to the
litigation to an individual injured in the accident, or
to a relative of an individual involved in the
accident, before the 45th day following the date of the
accident.
(3) Prohibition on actions to [prevent mental health
and counseling] prevent certain care and support
services.--No State or political subdivision thereof
may prevent the employees, agents, or volunteers of an
organization designated for an accident under
subsection (a)(2) from [providing mental health and
counseling services] providing emotional,
psychological, and spiritual care and support under
subsection (c)(1) in the 30-day period beginning on the
date of the accident. The director of family support
services designated for the accident under subsection
(a)(1) may extend such period for not to exceed an
additional 30 days if the director determines that the
extension is necessary to meet the needs of the
passengers and families and if State and local
authorities are notified of the determination.
(h) Definitions.--In this section, the following definitions
apply:
(1) Aircraft accident.--The term ``aircraft
accident'' means any aviation disaster, regardless of
its cause or suspected cause, for which the [National
Transportation Safety] Board is the lead investigative
agency.
(2) Passenger.--The term ``passenger'' includes--
(A) an employee of an air carrier or foreign
air carrier aboard an aircraft;
(B) any other person aboard the aircraft
without regard to whether the person paid for
the transportation, occupied a seat, or held a
reservation for the flight; and
(C) any other person injured or killed in the
aircraft accident, as determined appropriate by
the Board.
(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.
(i) Statutory Construction.--Nothing in this section may be
construed as limiting the actions that an air carrier may take,
or the obligations that an air carrier may have, in providing
assistance to [the families of passengers involved in an
aircraft accident] passengers involved in the aircraft accident
and the families of such passengers.
(j) Relinquishment of Investigative Priority.--
(1) General rule.--This section (other than
subsection (g)) shall not apply to an aircraft accident
if the Board has relinquished investigative priority
under section 1131(a)(2)(B) and the Federal agency to
which the Board relinquished investigative priority is
willing and able to provide assistance to the victims
and families of the passengers involved in the
accident.
(2) Board assistance.--If this section does not apply
to an aircraft accident because the Board has
relinquished investigative priority with respect to the
accident, the Board shall assist, to the maximum extent
possible, the agency to which the Board has
relinquished investigative priority in assisting
families with respect to the accident.
* * * * * * *
Sec. 1138. Evaluation and audit of National Transportation Safety Board
(a) In General.--To promote economy, efficiency, and
effectiveness in the administration of the programs,
operations, and activities of the National Transportation
Safety Board, the Comptroller General of the United States
shall evaluate and audit the programs and [expenditures of the
National Transportation Safety] expenditures of the Board. Such
evaluation and audit shall be conducted as determined necessary
by the Comptroller General or the appropriate congressional
committees.
(b) Responsibility of Comptroller General.--The Comptroller
General shall evaluate and audit Board programs, operations,
and activities, including--
(1) information management and security, including
privacy protection of personally identifiable
information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices
and policies;
(5) the process and procedures to select an accident
to investigate;
(6) the extent to which the Board follows leading
practices in selected management areas; and
(7) the extent to which the Board addresses
management challenges in completing accident
investigations.
(c) Appropriate Congressional Committees.--For purposes of
this section the term ``appropriate congressional committees''
means the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
Sec. 1139. Assistance [to families of passengers involved in rail
passenger accidents] to passengers involved in
rail passenger accidents and families of such
passengers
(a) In General.--As soon as practicable after being notified
of a rail passenger accident within the United States involving
a rail passenger carrier and resulting in any loss of life, and
for which the National Transportation Safety Board will serve
as the lead investigative agency, the Chairman of the [National
Transportation Safety Board shall] Board shall--
(1) designate and publicize the name and telephone
number of a director of family support services who
shall be an employee of the Board and shall be
responsible for acting as a point of contact within the
Federal Government for the families of passengers
involved in the accident and a liaison between the rail
passenger carrier and the families; and
(2) designate an independent nonprofit organization,
with experience in disasters and post-trauma
communication with families, which shall have primary
responsibility for coordinating the [emotional care and
support] emotional, psychological and spiritual care
and support services of [the families of passengers
involved in the accident] passengers involved in the
accident and the families of such passengers.
(b) Responsibilities of the Board.--The Board shall have
primary Federal responsibility for--
(1) facilitating the recovery and identification of
fatally injured passengers involved in an accident
described in subsection (a); and
(2) communicating with the families of passengers
involved in the accident as to the roles, with respect
to the accident and the post-accident activities, of--
(A) the organization designated for an
accident under subsection (a)(2);
(B) Government agencies; and
(C) the rail passenger carrier involved.
(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection (a)(2)
shall have the following responsibilities with respect to [the
families of passengers involved in the accident] passengers
involved in the accident and the families of such passengers:
(1) To provide [mental health and counseling
services] emotional, psychological, and spiritual care
and support services, in coordination with the disaster
response team of the rail passenger carrier involved.
(2) To take such actions as may be necessary to
provide an environment in which the families may grieve
in private.
(3) To meet with [the families who have traveled to
the location of the accident] passengers involved in
the accident and the families of such passengers who
have traveled to the location of the accident, to
contact the families unable to travel to such location,
and to contact all passengers and affected families
periodically thereafter until such time as the
organization, in consultation with the director of
family support services designated for the accident
under subsection (a)(1), determines that further
assistance is no longer needed.
(4) To arrange a suitable memorial service, in
consultation with the passengers and families.
[(d) Passenger Lists.--
[(1) Requests for passenger lists.--
[(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 list, which is based on the best
available information at the time of the
request, of the names of the passengers that
were 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.
[(B) 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 list described in subparagraph (A).
[(2) Use of information.--Except as provided in
subsection (k), the director of family support services
and the organization may not release to any person
information on a list obtained under paragraph (1) but
may provide information on the list about a passenger
to the family of the passenger to the extent that the
director of family support services or the organization
considers appropriate.]
(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.
(e) Continuing Responsibilities of the Board.--In the course
of its investigation of an accident described in subsection
(a), the Board shall, to the maximum extent practicable, ensure
that the families of passengers involved in the accident--
(1) are briefed, prior to any public briefing, about
the accident and any other findings from the
investigation; and
(2) are individually informed of and allowed to
attend any public hearings and meetings of the Board
about the accident.
(f) Use of Rail Passenger Carrier Resources.--To the extent
practicable, the organization designated for an accident under
subsection (a)(2) shall coordinate its activities with the rail
passenger carrier involved in the accident to facilitate the
reasonable use of the resources of the carrier.
(g) Prohibited Actions.--
(1) Actions to impede the board.--No person
(including a State or political subdivision thereof)
may impede the ability of the Board (including the
director of family support services designated for an
accident under subsection (a)(1)), or an organization
designated for an accident under subsection (a)(2), to
carry out its responsibilities under this section or
the ability of [the families of passengers involved in
the accident] passengers involved in the accident and
the families of such passengers to have contact with
one another.
(2) Unsolicited communications.--No unsolicited
communication concerning a potential action or
settlement offer for personal injury or wrongful death
may be made by an attorney (including any associate,
agent, employee, or other representative of an
attorney) or any potential party to the litigation,
including the railroad carrier or rail passenger
carrier, to an individual (other than an employee of
the rail passenger carrier) injured in the accident, or
to a relative of an individual involved in the
accident, before the 45th day following the date of the
accident.
(3) Prohibition on actions to [prevent mental health
and counseling] prevent certain care and support
services.--No State or political subdivision thereof
may prevent the employees, agents, or volunteers of an
organization designated for an accident under
subsection (a)(2) from [providing mental health and
counseling services] providing emotional,
psychological, and spiritual care and support under
subsection (c)(1) in the 30-day period beginning on the
date of the accident. The director of family support
services designated for the accident under subsection
(a)(1) may extend such period for not to exceed an
additional 30 days if the director determines that the
extension is necessary to meet the needs of the
passengers and families and if State and local
authorities are notified of the determination.
(h) Definitions.--In this section:
(1) Rail passenger accident.--The term ``rail
passenger accident'' means any rail passenger disaster
that--
(A) results in any loss of life;
(B) the [National Transportation Safety]
Board will serve as the lead investigative
agency for; and
(C) occurs in the provision of--
(i) interstate intercity rail
passenger transportation (as such term
is defined in section 24102); or
(ii) high-speed rail (as such term is
defined in section 26105)
transportation, regardless of its cause
or suspected cause.
(2) Rail passenger carrier.--The term ``rail
passenger carrier'' means a rail carrier providing--
(A) interstate intercity rail passenger
transportation (as such term is defined in
section 24102); or
(B) interstate or intrastate high-speed rail
(as such term is defined in section 26105)
transportation,
except that such term does not include a tourist,
historic, scenic, or excursion rail carrier.
(3) Passenger.--The term ``passenger'' includes--
(A) an employee of a rail passenger carrier
aboard a train;
(B) any other person aboard the train without
regard to whether the person paid for the
transportation, occupied a seat, or held a
reservation for the rail transportation; and
(C) any other person injured or killed in a
rail passenger accident, as determined
appropriate by the Board.
(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.
(i) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail
passenger carrier may take, or the obligations that a rail
passenger carrier may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
(j) Relinquishment of Investigative Priority.--
(1) General rule.--This section (other than
subsection (g)) shall not apply to a rail passenger
accident if the Board has relinquished investigative
priority under section 1131(a)(2)(B) and the Federal
agency to which the Board relinquished investigative
priority is willing and able to provide assistance to
the victims and families of the passengers involved in
the accident.
(2) Board assistance.--If this section does not apply
to a rail passenger accident because the Board has
relinquished investigative priority with respect to the
accident, the Board shall assist, to the maximum extent
possible, the agency to which the Board has
relinquished investigative priority in assisting
families with respect to the accident.
(k) Savings Clause.--Nothing in this section shall be
construed to abridge the authority of the Board or the
Secretary of Transportation to investigate the causes or
circumstances of any rail accident, including development of
information regarding the nature of injuries sustained and the
manner in which they were sustained for the purposes of
determining compliance with existing laws and regulations or
for identifying means of preventing similar injuries in the
future, or both.
* * * * * * *
SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
Sec. 1151. Aviation enforcement
(a) Civil Actions by Board.--The National Transportation
Safety Board may bring a civil action in a district court of
the United States against a person to enforce section 1132,
1134(b) or (f)(1) (related to an aircraft accident),
1136(g)(2), or 1155(a) of this title or a regulation prescribed
or order issued under any of those sections. An action under
this subsection may be brought in the judicial district in
which the person does business or the violation occurred.
(b) Civil Actions by Attorney General.--On request of the
Board, the Attorney General may bring a civil action in an
appropriate court--
(1) to enforce section 1132, 1134(b) or (f)(1)
(related to an aircraft accident), 1136(g)(2), or
1155(a) of this title or a regulation prescribed or
order issued under any of those sections; and
(2) to prosecute a person violating those sections or
a regulation prescribed or order issued under any of
those sections.
(c) Participation of Board.--On request of the Attorney
General, the Board may participate in a civil action to enforce
section 1132, 1134(b) or (f)(1) (related to an aircraft
accident), 1136(g)(2), or 1155(a) of this title.
(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. 1155. [Aviation penalties] Penalties
(a) Civil Penalty.--(1) A person violating section 1132,
section 1134(b), section 1134(f)(1), [or section 1136(g)
(related to an aircraft accident)] section 1136(g), or 1139(g)
of this title or a regulation prescribed or order issued under
any of those sections is liable to the United States Government
for a civil penalty of not more than $1,000. A separate
violation occurs for each day a violation continues.
(2) This subsection does not apply to a member of the armed
forces of the United States or an employee of the Department of
Defense subject to the Uniform Code of Military Justice when
the member or employee is performing official duties. The
appropriate military authorities are responsible for taking
necessary disciplinary action and submitting to the National
Transportation Safety Board a timely report on action taken.
(3) The Board may compromise the amount of a civil penalty
imposed under this subsection.
(4) The Government may deduct the amount of a civil penalty
imposed or compromised under this subsection from amounts it
owes the person liable for the penalty.
(5) A civil penalty under this subsection may be collected by
bringing a civil action against the person liable for the
penalty. The action shall conform as nearly as practicable to a
civil action in admiralty.
(b) Criminal Penalty.--A person that knowingly and without
authority removes, conceals, or withholds a part of a civil
aircraft involved in an accident, or property on the aircraft
at the time of the accident, shall be fined under title 18,
imprisoned for not more than 10 years, or both.
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
* * * * * * *
PART C--PASSENGER TRANSPORTATION
* * * * * * *
CHAPTER 243--AMTRAK
* * * * * * *
Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
(a) Submission of Plan.--Not later than 6 months after the
date of the enactment of the Rail Safety Improvement Act of
2008, a rail passenger carrier shall submit to the Chairman of
the National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security a plan
for addressing the needs of the families of passengers involved
in any rail passenger accident involving a rail passenger
carrier intercity train and resulting in [a major] any loss of
life.
(b) Contents of Plans.--A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a
minimum, the following:
(1) A process by which a rail passenger carrier will
maintain and provide to the National Transportation
Safety Board, the Secretary of Transportation, and the
Secretary of Homeland Security immediately upon
request, a list (which is based on the best available
information at the time of the request) of the names of
the passengers aboard the train (whether or not such
names have been verified), and will periodically update
the list. The plan shall include a procedure, with
respect to unreserved trains and passengers not holding
reservations on other trains, for the rail passenger
carrier to use reasonable efforts to ascertain the
names of passengers aboard a train involved in an
accident.
(2) A process for notifying the families of the
passengers, before providing any public notice of the
names of the passengers, either by utilizing the
services of the organization designated for the
accident under section 1139(a)(2) of this title or the
services of other suitably trained individuals.
(3) A plan for creating and publicizing a reliable,
toll-free telephone number within 4 hours after such an
accident occurs, and for providing staff, to handle
calls from the families of the passengers.
(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as
the rail passenger carrier has verified that the
passenger was aboard the train (whether or not the
names of all of the passengers have been verified).
(5) An assurance that, upon request of the family of
a passenger, the rail passenger carrier will inform the
family of whether the passenger's name appeared on any
preliminary passenger manifest for the train involved
in the accident.
(6) A process by which the family of each passenger
will be consulted about the disposition of all remains
and personal effects of the passenger within the
control of the rail passenger carrier and by which any
possession of the passenger within the control of the
rail passenger carrier (regardless of its condition)--
(A) will be retained by the rail passenger
carrier for at least 18 months; and
(B) will be returned to the family unless the
possession is needed for the accident
investigation or any criminal investigation.
(7) A process by which the treatment of the families
of nonrevenue passengers will be the same as the
treatment of the families of revenue passengers.
(8) An assurance that the rail passenger carrier will
provide adequate training to the employees and agents
of the carrier to meet the needs of survivors and
family members following an accident.
(9) An assurance that the family of each passenger or
other person killed in the accident will be consulted
about construction by the rail passenger carrier of any
monument to the passengers, including any inscription
on the monument.
(10) An assurance that the rail passenger carrier
will work with any organization designated under
section 1139(a)(2) of this title on an ongoing basis to
ensure that families of passengers receive an
appropriate level of services and assistance following
each accident.
(11) An assurance that the rail passenger carrier
will provide reasonable compensation to any
organization designated under section 1139(a)(2) of
this title for services provided by the organization.
(c) Use of Information.--Neither the National Transportation
Safety Board, the Secretary of Transportation, the Secretary of
Homeland Security, nor a rail passenger carrier may release to
the public any personal information on a list obtained under
subsection (b)(1), but may provide information on the list
about a passenger to the passenger's family members to the
extent that the Board or a rail passenger carrier considers
appropriate.
(d) Limitation on Statutory Construction.--
(1) Rail passenger carriers.--Nothing in this section
may be construed as limiting the actions that a rail
passenger carrier may take, or the obligations that a
rail passenger carrier may have, in providing
assistance to the families of passengers involved in a
rail passenger accident.
(2) Investigational authority of board and
secretary.--Nothing in this section shall be construed
to abridge the authority of the Board or the Secretary
of Transportation to investigate the causes or
circumstances of any rail accident, including the
development of information regarding the nature of
injuries sustained and the manner in which they were
sustained, for the purpose of determining compliance
with existing laws and regulations or identifying means
of preventing similar injuries in the future.
(e) Limitation on Liability.--A rail passenger carrier shall
not be liable for damages in any action brought in a Federal or
State court arising out of the performance of the rail
passenger carrier in preparing or providing a passenger list,
or in providing information concerning a train reservation,
pursuant to a plan submitted by the rail passenger carrier
under subsection (b), unless such liability was caused by
conduct of the rail passenger carrier which was grossly
negligent or which constituted intentional misconduct.
(f) Definitions.--In this section, the terms ``passenger''
and ``rail passenger accident'' have the meaning given those
terms by section 1139 of this title.
(g) Funding.--Out of funds appropriated pursuant to section
20117(a)(1)(A), there shall be made available to the Secretary
of Transportation $500,000 for fiscal year 2010 to carry out
this section. Amounts made available pursuant to this
subsection shall remain available until expended.
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART i--GENERAL
* * * * * * *
CHAPTER 401--GENERAL PROVISIONS
Sec.
* * * * * * *
[40119..]
40119. Sensitive security information.
* * * * * * *
40131. Cooperative Aviation Recruitment, Enrichment, and Employment
Readiness Program.
40132. National airspace system cyber threat management process.
Sec. 40101. Policy
(a) Economic Regulation.--In carrying out subpart II of this
part and those provisions of subpart IV applicable in carrying
out subpart II, the Secretary of Transportation shall consider
the following matters, among others, as being in the public
interest and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest
priority in air commerce.
(2) before authorizing new air transportation
services, evaluating the safety implications of those
services.
(3) preventing deterioration in established safety
procedures, recognizing the clear intent,
encouragement, and dedication of Congress to further
the highest degree of safety in air transportation and
air commerce, and to maintain the safety vigilance that
has evolved in air transportation and air commerce and
has come to be expected by the traveling and shipping
public.
(4) the availability of a variety of adequate,
economic, efficient, and low-priced services without
unreasonable discrimination or unfair or deceptive
practices.
(5) coordinating transportation by, and improving
relations among, air carriers, and encouraging fair
wages and working conditions.
(6) placing maximum reliance on competitive market
forces and on actual and potential competition--
(A) to provide the needed air transportation
system; and
(B) to encourage efficient and well-managed
air carriers to earn adequate profits and
attract capital, considering any material
differences between interstate air
transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory
system that is responsive to the needs of the public
and in which decisions are reached promptly to make it
easier to adapt the air transportation system to the
present and future needs of--
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major urban
areas through secondary or satellite airports if
consistent with regional airport plans of regional and
local authorities, and if endorsed by appropriate State
authorities--
(A) encouraging the transportation by air
carriers that provide, in a specific market,
transportation exclusively at those airports;
and
(B) fostering an environment that allows
those carriers to establish themselves and
develop secondary or satellite airport
services.
(9) preventing unfair, deceptive, predatory, or
anticompetitive practices in air transportation.
(10) avoiding unreasonable industry concentration,
excessive market domination, monopoly powers, and other
conditions that would tend to allow at least one air
carrier or foreign air carrier unreasonably to increase
prices, reduce services, or exclude competition in air
transportation.
(11) maintaining a complete and convenient system of
continuous scheduled interstate air transportation for
small communities and isolated areas with direct
financial assistance from the United States Government
when appropriate.
(12) encouraging, developing, and maintaining an air
transportation system relying on actual and potential
competition--
(A) to provide efficiency, innovation, and
low prices; and
(B) to decide on the variety and quality of,
and determine prices for, air transportation
services.
(13) encouraging entry into air transportation
markets by new and existing air carriers and the
continued strengthening of small air carriers to ensure
a more effective and competitive airline industry.
(14) promoting, encouraging, and developing civil
aeronautics and a viable, privately-owned United States
air transport industry.
(15) strengthening the competitive position of air
carriers to at least ensure equality with foreign air
carriers, including the attainment of the opportunity
for air carriers to maintain and increase their
profitability in foreign air transportation.
(16) ensuring that consumers in all regions of the
United States, including those in small communities and
rural and remote areas, have access to affordable,
regularly scheduled air service.
(17) preventing the undermining of labor standards.
(b) All-Cargo Air Transportation Considerations.--In carrying
out subpart II of this part and those provisions of subpart IV
applicable in carrying out subpart II, the Secretary of
Transportation shall consider the following matters, among
others and in addition to the matters referred to in subsection
(a) of this section, as being in the public interest for all-
cargo air transportation:
(1) encouraging and developing an expedited all-cargo
air transportation system provided by private
enterprise and responsive to--
(A) the present and future needs of shippers;
(B) the commerce of the United States; and
(C) the national defense.
(2) encouraging and developing an integrated
transportation system relying on competitive market
forces to decide the extent, variety, quality, and
price of services provided.
(3) providing services without unreasonable
discrimination, unfair or deceptive practices, or
predatory pricing.
(c) General Safety Considerations.--In carrying out subpart
III of this part and those provisions of subpart IV applicable
in carrying out subpart III, the Administrator of the Federal
Aviation Administration shall consider the following matters:
(1) the requirements of national defense and
commercial and general aviation.
(2) the public right of freedom of transit through
the navigable airspace.
(d) Safety Considerations in Public Interest.--In carrying
out subpart III of this part and those provisions of subpart IV
applicable in carrying out subpart III, the Administrator shall
consider the following matters, among others, as being in the
public interest:
(1) assigning, maintaining, and enhancing safety and
security as the highest priorities in air commerce.
(2) regulating air commerce in a way that best
promotes safety and fulfills national defense
requirements.
(3) encouraging and developing civil aeronautics,
including new aviation technology.
(4) controlling the use of the navigable airspace and
regulating civil and military operations in that
airspace in the interest of the safety and efficiency
of both of those operations.
(5) consolidating research and development for air
navigation facilities and the installation and
operation of those facilities.
(6) developing and operating a common system of air
traffic control and navigation for military and civil
aircraft.
(7) providing assistance to law enforcement agencies
in the enforcement of laws related to regulation of
controlled substances, to the extent consistent with
aviation safety.
(e) International Air Transportation.--In formulating United
States international air transportation policy, the Secretaries
of State and Transportation shall develop a negotiating policy
emphasizing the greatest degree of competition compatible with
a well-functioning international air transportation system,
including the following:
(1) strengthening the competitive position of air
carriers to ensure at least equality with foreign air
carriers, including the attainment of the opportunity
for air carriers to maintain and increase their
profitability in foreign air transportation.
(2) freedom of air carriers and foreign air carriers
to offer prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air
transportation.
(4) the maximum degree of multiple and permissive
international authority for air carriers so that they
will be able to respond quickly to a shift in market
demand.
(5) eliminating operational and marketing
restrictions to the greatest extent possible.
(6) integrating domestic and international air
transportation.
(7) increasing the number of nonstop United States
gateway cities.
(8) opportunities for carriers of foreign countries
to increase their access to places in the United States
if exchanged for benefits of similar magnitude for air
carriers or the traveling public with permanent linkage
between rights granted and rights given away.
(9) eliminating discrimination and unfair competitive
practices faced by United States airlines in foreign
air transportation, including--
(A) excessive landing and user fees;
(B) unreasonable ground handling
requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge; and
(E) similar restrictive practices.
(10) promoting, encouraging, and developing civil
aeronautics and a viable, privately-owned United States
air transport industry.
(11) preventing the undermining of labor standards.
(f) Strengthening Competition.--In selecting an air carrier
to provide foreign air transportation from among competing
applicants, the Secretary of Transportation shall consider, in
addition to the matters specified in subsections (a) and (b) of
this section, the strengthening of competition among air
carriers operating in the United States to prevent unreasonable
concentration in the air carrier industry.
Sec. 40102. Definitions
(a) General Definitions.--In this part--
(1) ``aeronautics'' means the science and art of
flight.
(2) ``air carrier'' means a citizen of the United
States undertaking by any means, directly or
indirectly, to provide air transportation.
(3) ``air commerce'' means foreign air commerce,
interstate air commerce, the transportation of mail by
aircraft, the operation of aircraft within the limits
of a Federal airway, or the operation of aircraft that
directly affects, or may endanger safety in, foreign or
interstate air commerce.
(4) ``air navigation facility'' means a facility
used, available for use, or designed for use, in aid of
air navigation, including--
(A) a landing area;
(B) runway lighting and airport surface
visual and other navigation aids;
(C) apparatus, equipment, software, or
service for distributing aeronautical and
meteorological information to air traffic
control facilities or aircraft;
(D) communication, navigation, or
surveillance equipment for air-to-ground or
air-to-air applications;
(E) any structure, equipment, or mechanism
for guiding or controlling flight in the air or
the landing and takeoff of aircraft; and
(F) buildings, equipment, and systems
dedicated to the national airspace system.
(5) ``air transportation'' means foreign air
transportation, interstate air transportation, or the
transportation of mail by aircraft.
(6) ``aircraft'' means any contrivance invented,
used, or designed to navigate, or fly in, the air.
(7) ``aircraft engine'' means an engine used, or
intended to be used, to propel an aircraft, including a
part, appurtenance, and accessory of the engine, except
a propeller.
(8) ``airman'' means an individual--
(A) in command, or as pilot, mechanic, or
member of the crew, who navigates aircraft when
under way;
(B) except to the extent the Administrator of
the Federal Aviation Administration may provide
otherwise for individuals employed outside the
United States, who is directly in charge of
inspecting, maintaining, overhauling, or
repairing aircraft, aircraft engines,
propellers, or appliances; or
(C) who serves as an aircraft dispatcher or
air traffic control-tower operator.
(9) ``airport'' means a landing area used regularly
by aircraft for receiving or discharging passengers or
cargo.
(10) ``all-cargo air transportation'' means the
transportation by aircraft in interstate air
transportation of only property or only mail, or both.
(11) ``appliance'' means an instrument, equipment,
apparatus, a part, an appurtenance, or an accessory
used, capable of being used, or intended to be used, in
operating or controlling aircraft in flight, including
a parachute, communication equipment, and another
mechanism installed in or attached to aircraft during
flight, and not a part of an aircraft, aircraft engine,
or propeller.
(12) ``cargo'' means property, mail, or both.
(13) ``charter air carrier'' means an air carrier
holding a certificate of public convenience and
necessity that authorizes it to provide charter air
transportation.
(14) ``charter air transportation'' means charter
trips in air transportation authorized under this part.
(15) ``citizen of the United States'' means--
(A) an individual who is a citizen of the
United States;
(B) a partnership each of whose partners is
an individual who is a citizen of the United
States; or
(C) a corporation or association organized
under the laws of the United States or a State,
the District of Columbia, or a territory or
possession of the United States, of which the
president and at least two-thirds of the board
of directors and other managing officers are
citizens of the United States, which is under
the actual control of citizens of the United
States, and in which at least 75 percent of the
voting interest is owned or controlled by
persons that are citizens of the United States.
(16) ``civil aircraft'' means an aircraft except a
public aircraft.
(17) ``civil aircraft of the United States'' means an
aircraft registered under chapter 441 of this title.
(18) ``conditional sales contract'' means a
contract--
(A) for the sale of an aircraft, aircraft
engine, propeller, appliance, or spare part,
under which the buyer takes possession of the
property but title to the property vests in the
buyer at a later time on--
(i) paying any part of the purchase
price;
(ii) performing another condition; or
(iii) the happening of a contingency;
or
(B) to bail or lease an aircraft, aircraft
engine, propeller, appliance, or spare part,
under which the bailee or lessee--
(i) agrees to pay an amount
substantially equal to the value of the
property; and
(ii) is to become, or has the option
of becoming, the owner of the property
on complying with the contract.
(19) ``conveyance'' means an instrument, including a
conditional sales contract, affecting title to, or an
interest in, property.
(20) ``Federal airway'' means a part of the navigable
airspace that the Administrator designates as a Federal
airway.
(21) ``foreign air carrier'' means a person, not a
citizen of the United States, undertaking by any means,
directly or indirectly, to provide foreign air
transportation.
(22) ``foreign air commerce'' means the
transportation of passengers or property by aircraft
for compensation, the transportation of mail by
aircraft, or the operation of aircraft in furthering a
business or vocation, between a place in the United
States and a place outside the United States when any
part of the transportation or operation is by aircraft.
(23) ``foreign air transportation'' means the
transportation of passengers or property by aircraft as
a common carrier for compensation, or the
transportation of mail by aircraft, between a place in
the United States and a place outside the United States
when any part of the transportation is by aircraft.
(24) ``interstate air commerce'' means the
transportation of passengers or property by aircraft
for compensation, the transportation of mail by
aircraft, or the operation of aircraft in furthering a
business or vocation--
(A) between a place in--
(i) a State, territory, or possession
of the United States and a place in the
District of Columbia or another State,
territory, or possession of the United
States;
(ii) a State and another place in the
same State through the airspace over a
place outside the State;
(iii) the District of Columbia and
another place in the District of
Columbia; or
(iv) a territory or possession of the
United States and another place in the
same territory or possession; and
(B) when any part of the transportation or
operation is by aircraft.
(25) ``interstate air transportation'' means the
transportation of passengers or property by aircraft as
a common carrier for compensation, or the
transportation of mail by aircraft--
(A) between a place in--
(i) a State, territory, or possession
of the United States and a place in the
District of Columbia or another State,
territory, or possession of the United
States;
(ii) Hawaii and another place in
Hawaii through the airspace over a
place outside Hawaii;
(iii) the District of Columbia and
another place in the District of
Columbia; or
(iv) a territory or possession of the
United States and another place in the
same territory or possession; and
(B) when any part of the transportation is by
aircraft.
(26) ``intrastate air carrier'' means a citizen of
the United States undertaking by any means to provide
only intrastate air transportation.
(27) ``intrastate air transportation'' means the
transportation by a common carrier of passengers or
property for compensation, entirely in the same State,
by turbojet-powered aircraft capable of carrying at
least 30 passengers.
(28) ``landing area'' means a place on land or water,
including an airport or intermediate landing field,
used, or intended to be used, for the takeoff and
landing of aircraft, even when facilities are not
provided for sheltering, servicing, or repairing
aircraft, or for receiving or discharging passengers or
cargo.
(29) ``large hub airport'' means a commercial service
airport (as defined in section 47102) that has at least
1.0 percent of the passenger boardings.
(30) ``mail'' means United States mail and foreign
transit mail.
(31) ``medium hub airport'' means a commercial
service airport (as defined in section 47102) that has
at least 0.25 percent but less than 1.0 percent of the
passenger boardings.
(32) ``navigable airspace'' means airspace above the
minimum altitudes of flight prescribed by regulations
under this subpart and subpart III of this part,
including airspace needed to ensure safety in the
takeoff and landing of aircraft.
(33) ``navigate aircraft'' and ``navigation of
aircraft'' include piloting aircraft.
(34) ``nonhub airport'' means a commercial service
airport (as defined in section 47102) that has less
than 0.05 percent of the passenger boardings.
(35) ``operate aircraft'' and ``operation of
aircraft'' mean using aircraft for the purposes of air
navigation, including--
(A) the navigation of aircraft; and
(B) causing or authorizing the operation of
aircraft with or without the right of legal
control of the aircraft.
(36) ``passenger boardings''--
(A) means, unless the context indicates
otherwise, revenue passenger boardings in the
United States in the prior calendar year on an
aircraft in service in air commerce, as the
Secretary determines under regulations the
Secretary prescribes; and
(B) includes passengers who continue on an
aircraft in international flight that stops at
an airport in the 48 contiguous States, Alaska,
or Hawaii for a nontraffic purpose.
(37) ``person'', in addition to its meaning under
section 1 of title 1, includes a governmental authority
and a trustee, receiver, assignee, and other similar
representative.
(38) ``predatory'' means a practice that violates the
antitrust laws as defined in the first section of the
Clayton Act (15 U.S.C. 12).
(39) ``price'' means a rate, fare, or charge.
(40) ``propeller'' includes a part, appurtenance, and
accessory of a propeller.
(41) ``public aircraft'' means any of the following:
(A) Except with respect to an aircraft
described in subparagraph (E), an aircraft used
only for the United States Government, except
as provided in section 40125(b).
(B) An aircraft owned by the Government and
operated by any person for purposes related to
crew training, equipment development, or
demonstration, except as provided in section
40125(b).
(C) An aircraft owned and operated by the
government of a State, the District of
Columbia, or a territory or possession of the
United States or a political subdivision of one
of these governments, except as provided in
section 40125(b).
(D) An aircraft exclusively leased for at
least 90 continuous days by the government of a
State, the District of Columbia, or a territory
or possession of the United States or a
political subdivision of one of these
governments, except as provided in section
40125(b).
(E) An aircraft owned or operated by the
armed forces or chartered to provide
transportation or other commercial air service
to the armed forces under the conditions
specified by section 40125(c). In the preceding
sentence, the term ``other commercial air
service'' means an aircraft operation that (i)
is within the United States territorial
airspace; (ii) the Administrator of the Federal
Aviation Administration determines is available
for compensation or hire to the public, and
(iii) must comply with all applicable civil
aircraft rules under title 14, Code of Federal
Regulations.
(F) An unmanned aircraft that is owned and
operated by, or exclusively leased for at least
90 continuous days by, an Indian Tribal
government, as defined in section 102 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122),
except as provided in section 40125(b).
(42) ``small hub airport'' means a commercial service
airport (as defined in section 47102) that has at least
0.05 percent but less than 0.25 percent of the
passenger boardings.
(43) ``spare part'' means an accessory, appurtenance,
or part of an aircraft (except an aircraft engine or
propeller), aircraft engine (except a propeller),
propeller, or appliance, that is to be installed at a
later time in an aircraft, aircraft engine, propeller,
or appliance.
(44) ``State authority'' means an authority of a
State designated under State law--
(A) to receive notice required to be given a
State authority under subpart II of this part;
or
(B) as the representative of the State before
the Secretary of Transportation in any matter
about which the Secretary is required to
consult with or consider the views of a State
authority under subpart II of this part.
(45) ``ticket agent'' means a person (except an air
carrier, a foreign air carrier, or an employee of an
air carrier or foreign air carrier) that as a principal
or agent sells, offers for sale, negotiates for, or
holds itself out as selling, providing, or arranging
for, air transportation.
(46) ``United States'' means the States of the United
States, the District of Columbia, and the territories
and possessions of the United States, including the
territorial sea and the overlying airspace.
(47) ``air traffic control system'' means the
combination of elements used to safely and efficiently
monitor, direct, control, and guide aircraft in the
United States and United States-assigned airspace,
including--
(A) allocated electromagnetic spectrum and
physical, real, personal, and intellectual
property assets making up facilities,
equipment, and systems employed to detect,
track, and guide aircraft movement;
(B) laws, regulations, orders, directives,
agreements, and licenses;
(C) published procedures that explain
required actions, activities, and techniques
used to ensure adequate aircraft separation;
[and]
(D) trained personnel with specific technical
capabilities to satisfy the operational,
engineering, management, and planning
requirements for air traffic control[.]; and
(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.
(b) Limited Definition.--In subpart II of this part,
``control'' means control by any means.
Sec. 40103. Sovereignty and use of airspace
(a) Sovereignty and Public Right of Transit.--(1) The United
States Government has exclusive sovereignty of airspace of the
United States.
(2) A citizen of the United States has a public right of
transit through the navigable airspace. To further that right,
the Secretary of Transportation shall consult with the
Architectural and Transportation Barriers Compliance Board
established under section 502 of the Rehabilitation Act of 1973
(29 U.S.C. 792) before prescribing a regulation or issuing an
order or procedure that will have a significant impact on the
accessibility of commercial airports or commercial air
transportation for [handicapped individuals] individuals with
disabilities.
(b) Use of Airspace.--(1) The Administrator of the Federal
Aviation Administration shall develop plans and policy for the
use of the navigable airspace and assign by regulation or order
the use of the airspace necessary to ensure the safety of
aircraft and the efficient use of airspace. The Administrator
may modify or revoke an assignment when required in the public
interest.
(2) The Administrator shall prescribe air traffic regulations
on the flight of aircraft (including regulations on safe
altitudes) for--
(A) navigating, protecting, and identifying aircraft;
(B) protecting individuals and property on the
ground;
(C) using the navigable airspace efficiently; and
(D) preventing collision between aircraft, between
aircraft and land or water vehicles, and between
aircraft and airborne objects.
(3) To establish security provisions that will encourage and
allow maximum use of the navigable airspace by civil aircraft
consistent with national security, the Administrator, in
consultation with the Secretary of Defense, shall--
(A) establish areas in the airspace the Administrator
decides are necessary in the interest of national
defense; and
(B) by regulation or order, restrict or prohibit
flight of civil aircraft that the Administrator cannot
identify, locate, and control with available facilities
in those areas.
(4) Notwithstanding the military exception in section
553(a)(1) of title 5, subchapter II of chapter 5 of title 5
applies to a regulation prescribed under this subsection.
(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.
(c) Foreign Aircraft.--A foreign aircraft, not part of the
armed forces of a foreign country, may be navigated in the
United States as provided in section 41703 of this title.
(d) Aircraft of Armed Forces of Foreign Countries.--Aircraft
of the armed forces of a foreign country may be navigated in
the United States only when authorized by the Secretary of
State.
(e) No Exclusive Rights at Certain Facilities.--A person does
not have an exclusive right to use an air navigation facility
on which Government money has been expended. However, providing
services at an airport by only one fixed-based operator is not
an exclusive right if--
(1) it is unreasonably costly, burdensome, or
impractical for more than one fixed-based operator to
provide the services; and
(2) allowing more than one fixed-based operator to
provide the services requires a reduction in space
leased under an agreement existing on September 3,
1982, between the operator and the airport.
Sec. 40104. Promotion of civil aeronautics and safety of air commerce
(a) Developing Civil Aeronautics and Safety of Air
Commerce.--The Administrator of the Federal Aviation
Administration shall encourage the development of civil
aeronautics and safety of air commerce in and outside the
United States. [In carrying out this subsection, the
Administrator shall take action that the Administrator
considers necessary to establish, within available resources, a
program to distribute civil aviation information in each region
served by the Administration. The program shall provide, on
request, informational material and expertise on civil aviation
to State and local school administrators, college and
university officials, and officers of other interested
organizations.]
[(c)] (b) Airport Capacity Enhancement Projects at Congested
Airports.--In carrying out subsection (a), the Administrator
shall take action to encourage the construction of airport
capacity enhancement projects at congested airports as those
terms are defined in section 47175.
(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.
[(b)] (d)
(1) In general.--[The Administrator] In carrying out
subsection (a), the Administrator shall promote and
achieve global improvements in the safety, efficiency,
and environmental effect of air travel by exercising
leadership with the Administrator's foreign
counterparts, in the International Civil Aviation
Organization and its subsidiary organizations, and
other international organizations and fora, and with
the private sector.
(2) International presence.--The Administrator shall
maintain an international presence to--
(A) assist foreign civil aviation authorities
in--
(i) establishing robust aerospace
oversight practices and policies;
(ii) training staff, to include
inspectors and accident investigators;
(iii) harmonizing international
aerospace 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 aerospace
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 aerospace 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 aerospace sector;
(H) maintain valuable relationships with
entities with aerospace 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.
(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--
(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 aerospace
operations or manufacturing.
[(2)] (4) Bilateral and multilateral engagement;
technical assistance.--The Administrator shall--
(A) in consultation with the Secretary of
State, engage bilaterally and multilaterally,
including with the International Civil Aviation
Organization, on an ongoing basis to bolster
international collaboration, data sharing, and
harmonization of international aviation safety
requirements including through--
(i) sharing of continued operational
safety information;
(ii) prioritization of pilot training
deficiencies, including manual flying
skills and flight crew training, to
discourage over reliance on automation,
further bolstering the components of
airmanship;
(iii) encouraging the consideration
of the safety advantages of appropriate
Federal regulations, which may include
relevant Federal regulations pertaining
to flight crew training requirements;
and
(iv) prioritizing any other flight
crew training areas that the
Administrator believes will enhance all
international aviation safety; and
(B) seek to expand technical assistance
provided by the Federal Aviation Administration
in support of enhancing international aviation
safety, including by--
(i) promoting and enhancing effective
oversight systems, including
operational safety enhancements
identified through data collection and
analysis;
(ii) promoting and encouraging
compliance with international safety
standards by counterpart civil aviation
authorities;
(iii) minimizing cybersecurity
threats and vulnerabilities across the
aviation ecosystem;
(iv) supporting the sharing of safety
information, best practices, risk
assessments, and mitigations through
established international aviation
safety groups; and
(v) providing technical assistance on
any other aspect of aviation safety
that the Administrator determines is
likely to enhance international
aviation safety.
(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 aerospace safety;
(ii) increase harmonization of, and
reduce duplicative, requirements,
processes, and approvals to advance the
aerospace 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
aerospace 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 aerospace
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.
(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.
[(d)] (e) Promotion of United States Aerospace Standards,
Products, and Services Abroad.--The Secretary shall take
appropriate actions to--
(1) promote United States aerospace-related safety
standards abroad;
(2) facilitate and vigorously defend approvals of
United States aerospace products and services abroad;
(3) with respect to bilateral partners, utilize
bilateral safety agreements and other mechanisms to
improve validation of United States certificated
aeronautical products, services, and appliances and
enhance mutual acceptance in order to eliminate
redundancies and unnecessary costs; and
(4) with respect to the aeronautical safety
authorities of a foreign country, streamline validation
and coordination processes.
(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,
commercial space transportation, 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. 40109. Authority to exempt
(a) Air Carriers and Foreign Air Carriers Not Engaged
Directly in Operating Aircraft.--(1) The Secretary of
Transportation may exempt from subpart II of this part--
(A) an air carrier not engaged directly in operating
aircraft in air transportation; or
(B) a foreign air carrier not engaged directly in
operating aircraft in foreign air transportation.
(2) The exemption is effective to the extent and for periods
that the Secretary decides are in the public interest.
(b) Safety Regulation.--The Administrator of the Federal
Aviation Administration may grant an exemption from a
regulation prescribed in carrying out [sections 40103(b)(1) and
(2) of this title] paragraphs (1) and (2) of section 40103(b)
when the Administrator decides the exemption is in the public
interest.
(c) Other Economic Regulation.--Except as provided in this
section, the Secretary may exempt to the extent the Secretary
considers necessary a person or class of persons from a
provision of chapter 411, chapter 413 (except sections 41307
and 41310(b)-(f)), chapter 415 (except sections 41502, 41505,
and 41507-41509), chapter 417 (except sections 41703, 41704,
41710, 41713, and 41714), chapter 419, subchapter II of chapter
421, and sections 44909(a), 44909(b), and 46301(b) of this
title, or a regulation or term prescribed under any of those
provisions, when the Secretary decides that the exemption is
consistent with the public interest.
(d) Labor Requirements.--The Secretary may not exempt an air
carrier from section 42112 of this title. However, the
Secretary may exempt from section 42112(b)(1) and (2) an air
carrier not providing scheduled air transportation, and the
operations conducted during daylight hours by an air carrier
providing scheduled air transportation, when the Secretary
decides that--
(1) because of the limited extent of, or unusual
circumstances affecting, the operation of the air
carrier, the enforcement of section 42112(b)(1) and (2)
of this title is or would be an unreasonable burden on
the air carrier that would obstruct its development and
prevent it from beginning or continuing operations; and
(2) the exemption would not affect adversely the
public interest.
(e) Maximum Flying Hours.--The Secretary may not exempt an
air carrier under this section from a provision referred to in
subsection (c) of this section, or a regulation or term
prescribed under any of those provisions, that sets maximum
flying hours for pilots or copilots.
(f) Smaller Aircraft.--(1) An air carrier is exempt from
section 41101(a)(1) of this title, and the Secretary may exempt
an air carrier from another provision of subpart II of this
part, if the air carrier--
(A)(i) provides passenger transportation only with
aircraft having a maximum capacity of 55 passengers; or
(ii) provides the transportation of cargo only with
aircraft having a maximum payload of less than 18,000
pounds; and
(B) complies with liability insurance requirements
and other regulations the Secretary prescribes.
(2) The Secretary may increase the passenger or payload
capacities when the public interest requires.
(3)(A) An exemption under this subsection applies to an air
carrier providing air transportation between 2 places in
Alaska, or between Alaska and Canada, only if the carrier is
authorized by Alaska to provide the transportation.
(B) The Secretary may limit the number or location of places
that may be served by an air carrier providing transportation
only in Alaska under an exemption from section 41101(a)(1) of
this title, or the frequency with which the transportation may
be provided, only when the Secretary decides that providing the
transportation substantially impairs the ability of an air
carrier holding a certificate issued by the Secretary to
provide its authorized transportation, including the minimum
transportation requirement for Alaska specified under section
41732(b)(1)(B) of this title.
(g) Emergency Air Transportation by Foreign Air Carriers.--
(1) To the extent that the Secretary decides an exemption is in
the public interest, the Secretary may exempt by order a
foreign air carrier from the requirements and limitations of
this part for not more than 30 days to allow the foreign air
carrier to carry passengers or cargo in interstate air
transportation in certain markets if the Secretary finds that--
(A) because of an emergency created by unusual
circumstances not arising in the normal course of
business, air carriers holding certificates under
section 41102 of this title cannot accommodate traffic
in those markets;
(B) all possible efforts have been made to
accommodate the traffic by using the resources of the
air carriers, including the use of--
(i) foreign aircraft, or sections of foreign
aircraft, under lease or charter to the air
carriers; and
(ii) the air carriers' reservations systems
to the extent practicable;
(C) the exemption is necessary to avoid unreasonable
hardship for the traffic in the markets that cannot be
accommodated by the air carriers; and
(D) granting the exemption will not result in an
unreasonable advantage to any party in a labor dispute
where the inability to accommodate traffic in a market
is a result of the dispute.
(2) When the Secretary grants an exemption to a foreign air
carrier under this subsection, the Secretary shall--
(A) ensure that air transportation that the foreign
air carrier provides under the exemption is made
available on reasonable terms;
(B) monitor continuously the passenger load factor of
air carriers in the market that hold certificates under
section 41102 of this title; and
(C) review the exemption at least every 30 days (or,
in the case of an exemption that is necessary to
provide and sustain air transportation in American
Samoa between the islands of Tutuila and Manu'a, at
least every 180 days) to ensure that the unusual
circumstances that established the need for the
exemption still exist.
(3) Renewal of exemptions.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary may renew an exemption (including
renewals) under this subsection for not more than 30
days.
(B) Exception.--The Secretary may renew an exemption
(including renewals) under this subsection that is
necessary to provide and sustain air transportation in
American Samoa between the islands of Tutuila and
Manu'a for not more than 180 days.
(4) Continuation of exemptions.--An exemption granted by the
Secretary under this subsection may continue for not more than
5 days after the unusual circumstances that established the
need for the exemption cease.
(h) Notice and Opportunity for Hearing.--The Secretary may
act under subsections (d) and (f)(3)(B) of this section only
after giving the air carrier notice and an opportunity for a
hearing.
Sec. 40110. General procurement authority
(a) General.--In carrying out this part, the Administrator of
the Federal Aviation Administration--
(1) to the extent that amounts are available for
obligation, may acquire services or, by condemnation or
otherwise, an interest in property, including an
interest in airspace immediately adjacent to and needed
for airports and other air navigation facilities owned
by the United States Government and operated by the
Administrator;
(2) may construct and improve laboratories and other
test facilities; and
(3) may dispose of any interest in property for
adequate compensation, and the amount so received
shall--
(A) be credited to the appropriation current
when the amount is received;
(B) be merged with and available for the
purposes of such appropriation; and
(C) remain available until expended.
(b) Purchase of Housing Units.--
(1) Authority.--In carrying out this part, the
Administrator may purchase a housing unit (including a
condominium or a housing unit in a building owned by a
cooperative) that is located outside the contiguous
United States if the cost of the unit is $300,000 or
less.
(2) Adjustments for inflation.--For fiscal years
beginning after September 30, 1997, the Administrator
may adjust the dollar amount specified in paragraph (1)
to take into account increases in local housing costs.
(3) Continuing obligations.--Notwithstanding section
1341 of title 31, the Administrator may purchase a
housing unit under paragraph (1) even if there is an
obligation thereafter to pay necessary and reasonable
fees duly assessed upon such unit, including fees
related to operation, maintenance, taxes, and
insurance.
(4) Certification to congress.--The Administrator may
purchase a housing unit under paragraph (1) only if, at
least 30 days before completing the purchase, the
Administrator transmits 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--
(A) a description of the housing unit and its
price;
(B) a certification that the price does not
exceed the median price of housing units in the
area; and
(C) a certification that purchasing the
housing unit is the most cost-beneficial means
of providing necessary accommodations in
carrying out this part.
(5) Payment of fees.--The Administrator may pay, when
due, fees resulting from the purchase of a housing unit
under this subsection from any amounts made available
to the Administrator.
(c) Duties and Powers.--When carrying out subsection (a) of
this section, the Administrator of the Federal Aviation
Administration may--
(1) notwithstanding section 1341(a)(1) of title 31,
lease an interest in property for not more than 20
years;
(2) consider the reasonable probable future use of
the underlying land in making an award for a
condemnation of an interest in airspace;
(3) construct, or acquire an interest in, a public
building (as defined in section 3301(a) of title 40)
only under a delegation of authority from the
Administrator of General Services; and
(4) dispose of property under subsection (a)(2) of
this section, except for airport and airway property
and technical equipment used for the special purposes
of the Administration, only under sections 121, 123,
and 126 and chapter 5 of title 40.
(d) Acquisition Management System.--
(1) In general.--In consultation with such non-
governmental experts in acquisition management systems
as the Administrator may employ, and notwithstanding
provisions of Federal acquisition law, the
Administrator shall develop [and implement], implement,
and periodically update an acquisition management
system for the Administration that addresses the unique
needs of the agency and, at a minimum, provides for--
(A) more timely and cost-effective
acquisitions of equipment, services, property,
and materials; and
(B) the resolution of bid protests and
contract disputes related thereto, using
consensual alternative dispute resolution
techniques to the maximum extent practicable.
(2) Applicability of federal acquisition law.--The
following provisions of Federal acquisition law shall
not apply to [the new acquisition management system
developed and implemented] the acquisition management
system developed, implemented, and periodically updated
pursuant to paragraph (1):
(A) Division C (except sections 3302,
3501(b), 3509, 3906, 4710, and 4711) of
subtitle I of title 41.
(B) Division B (except sections 1704 and
2303) of subtitle I of title 41.
(C) The Federal Acquisition Streamlining Act
of 1994 (Public Law 103-355). However, section
4705 of title 41 shall apply to [the new
acquisition management system developed and
implemented] the acquisition management system
developed, implemented, and periodically
updated pursuant to paragraph (1). For the
purpose of applying section 4705 of title 41 to
the system, the term ``executive agency'' is
deemed to refer to the Federal Aviation
Administration.
(D) The Small Business Act (15 U.S.C. 631 et
seq.), except that all reasonable opportunities
to be awarded contracts shall be provided to
small business concerns and small business
concerns owned and controlled by socially and
economically disadvantaged individuals.
(E) The Competition in Contracting Act.
(F) Subchapter V of chapter 35 of title 31,
relating to the procurement protest system.
(G) The Federal Acquisition Regulation and
any laws not listed in subparagraphs (A)
through (F) providing authority to promulgate
regulations in the Federal Acquisition
Regulation.
(3) Certain provisions of division b (except sections
1704 and 2303) of subtitle i of title 41.--
Notwithstanding paragraph (2)(B), chapter 21 of title
41 shall apply to the [new] acquisition management
system developed [and implemented], implemented, and
periodically updated under paragraph (1) with the
following modifications:
(A) Sections 2101 and 2106 of title 41 shall
not apply.
(B) [Within 90 days after the date of the
enactment of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century,
the Administrator] The Administrator shall
adopt definitions for the acquisition
management system that are consistent with the
purpose and intent of the Office of Federal
Procurement Policy Act, as in effect on October
9, 1996.
(C) After the adoption of those definitions,
the criminal, civil, and administrative
remedies provided under [the Office of Federal
Procurement Policy Act] division B of subtitle
I of title 41 apply to the acquisition
management system.
(D) In the administration of the acquisition
management system, the Administrator may take
adverse personnel action under [section
27(e)(3)(A)(iv) of the Office of Federal
Procurement Policy Act] section 2105(c)(1)(D)
of title 41 in accordance with the procedures
contained in the Administration's personnel
management system.
(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.
[(4)] (5) Adjudication of certain bid protests and
contract disputes.--A bid protest or contract dispute
that is not addressed or resolved through alternative
dispute resolution shall be adjudicated by the
Administrator through Dispute Resolution Officers or
Special Masters of the Federal Aviation Administration
Office of Dispute Resolution for Acquisition, acting
pursuant to sections 46102, 46104, 46105, 46106 and
46107 and shall be subject to judicial review under
section 46110 and to section 504 of title 5.
[(5) Annual report on the purchase of foreign
manufactured articles.--
[(A) Report.--(i) Not later than 90 days
after the end of the fiscal year, the Secretary
of Transportation shall submit a report to
Congress on the dollar amount of acquisitions
subject to the Buy American Act made by the
agency from entities that manufacture the
articles, materials, or supplies outside of the
United States in such fiscal year.
[(ii) The report required by clause (i) shall
only include acquisitions with total value
exceeding the micro-purchase level.
[(B) Contents.--The report required by
subparagraph (A) shall separately indicate--
[(i) the dollar value of any
articles, materials, or supplies
purchased that were manufactured
outside of the United States; and
[(ii) a summary of the total
procurement funds spent on goods
manufactured in the United States
versus funds spent on goods
manufactured outside of the United
States.
[(C) Availability of report.--The Secretary
shall make the report under subparagraph (A)
publicly available on the agency's website not
later than 30 days after submission to
Congress.]
(e) Prohibition on Release of Offeror Proposals.--
(1) General rule.--Except as provided in paragraph
(2), a proposal in the possession or control of the
Administrator may not be made available to any person
under section 552 of title 5.
(2) Exception.--Paragraph (1) shall not apply to any
portion of a proposal of an offeror the disclosure of
which is authorized by the Administrator pursuant to
procedures published in the Federal Register. The
Administrator shall provide an opportunity for public
comment on the procedures for a period of not less than
30 days beginning on the date of such publication in
order to receive and consider the views of all
interested parties on the procedures. The procedures
shall not take effect before the 60th day following the
date of such publication.
(3) Proposal defined.--In this subsection, the term
``proposal'' means information contained in or
originating from any proposal, including a technical,
management, or cost proposal, submitted by an offeror
in response to the requirements of a solicitation for a
competitive proposal.
* * * * * * *
Sec. 40113. Administrative
(a) General Authority.--The Secretary of Transportation (or
the Administrator of the Transportation Security Administration
with respect to security duties and powers designated to be
carried out by that Administrator or the Administrator of the
Federal Aviation Administration with respect to aviation safety
duties and powers designated to be carried out by that
Administrator) may take action the Secretary, Administrator of
the Transportation Security Administration, or Administrator of
the Federal Aviation Administration, as appropriate, considers
necessary to carry out this part, including conducting
investigations, prescribing regulations, standards, and
procedures, and issuing orders.
(b) Hazardous Material.--In carrying out this part, the
Secretary has the same authority to regulate the transportation
of hazardous material by air that the Secretary has under
section 5103 of this title. However, this subsection does not
prohibit or regulate the transportation of a firearm (as
defined in section 232 of title 18) or ammunition for a
firearm, when transported by an individual for personal use.
(c) Governmental Assistance.--The Secretary (or the
Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator) may use the assistance of the
Administrator of the National Aeronautics and Space
Administration and any research or technical department,
agency, or instrumentality of the United States Government on
matters related to aircraft fuel and oil, and to the design,
material, workmanship, construction, performance, maintenance,
and operation of aircraft, aircraft engines, propellers,
appliances, and air navigation facilities. Each department,
agency, and instrumentality may conduct scientific and
technical research, investigations, and tests necessary to
assist the Secretary or Administrator of the Federal Aviation
Administration in carrying out this part. This part does not
authorize duplicating laboratory research activities of a
department, agency, or instrumentality.
(d) Indemnification.--The Administrator of the Federal
Aviation Administration may indemnify an officer or employee of
the Federal Aviation Administration against a claim or judgment
arising out of an act that the Administrator decides was
committed within the scope of the official duties of the
officer or employee.
(e) Assistance to Foreign Aviation Authorities.--
(1) Safety-related training and operational
services.--The Administrator may provide safety-related
training and operational services to foreign aviation
authorities (whether public or private) with or without
reimbursement, if the Administrator determines that
providing such services promotes aviation safety or
efficiency. The Administrator may also provide
technical assistance related to all aviation safety-
related training and operational services in connection
with bilateral and multilateral agreements, including
further bolstering the components of airmanship. The
Administrator is authorized to participate in, and
submit offers in response to, competitions to provide
these services, and to contract with foreign aviation
authorities to provide these services consistent with
section 106(l)(6). To the extent practicable, air
travel reimbursed under this subsection shall be
conducted on United States air carriers.
(2) Reimbursement sought.--The Administrator shall
actively seek reimbursement for services provided under
this subsection from foreign aviation authorities
capable of providing such reimbursement. The
Administrator is authorized, notwithstanding any other
provision of law or policy, to accept payments for
services provided under this subsection in arrears.
(3) Crediting appropriations.--Funds received by the
Administrator pursuant to this section shall--
(A) be credited to the appropriation current
when the amount is received;
(B) be merged with and available for the
purposes of such appropriation; and
(C) remain available until expended.
[(4) Reporting.--Not later than December 31, 1995,
and annually thereafter, the Administrator shall
transmit to Congress a list of the foreign aviation
authorities to which the Administrator provided
services under this subsection in the preceding fiscal
year. Such list shall specify the dollar value of such
services and any reimbursement received for such
services.]
[(5)] (4) Authorization of appropriations.--There is
authorized to be appropriated to the Administrator,
$5,000,000 for each of fiscal years 2021 through 2023,
to carry out this subsection. Amounts appropriated
under the preceding sentence for any fiscal year shall
remain available until expended.
(f) Application of Certain Regulations to Alaska.--In
amending title 14, Code of Federal Regulations, or in
administering the Airport Improvement Program under chapter 471
in a manner affecting intrastate aviation in Alaska, the
Administrator of the Federal Aviation Administration shall
consider the extent to which Alaska is not served by
transportation modes other than aviation, and shall establish
such regulatory or administrative distinctions as the
Administrator considers appropriate.
* * * * * * *
Sec. 40117. Passenger facility charges
(a) Definitions.--In this section, the following definitions
apply:
(1) Airport, commercial service airport, and public
agency.--The terms ``airport'', ``commercial service
airport'', and ``public agency'' have the meaning those
terms have under section 47102.
(2) Eligible agency.--The term ``eligible agency''
means a public agency that controls a commercial
service airport.
(3) Eligible airport-related project.--The term
``eligible airport-related project'' means any of the
following projects:
(A) A project for airport development or
airport planning under subchapter I of chapter
471.
(B) A project for terminal development
described in section 47119(a).
(C) A project for costs of terminal
development referred to in subparagraph (B)
incurred after August 1, 1986, at an airport
that did not have more than .25 percent of the
total annual passenger boardings in the United
States in the most recent calendar year for
which data is available and at which total
passenger boardings declined by at least 16
percent between calendar year 1989 and calendar
year 1997.
(D) A project for airport noise capability
planning under section 47505.
(E) A project to carry out noise
compatibility measures eligible for assistance
under section 47504, whether or not a program
for those measures has been approved under
section 47504.
(F) A project for constructing gates and
related areas at which passengers board or exit
aircraft. In the case of a project required to
enable additional air service by an air carrier
with less than 50 percent of the annual
passenger boardings at an airport, the project
for constructing gates and related areas may
include structural foundations and floor
systems, exterior building walls and load-
bearing interior columns or walls, windows,
door and roof systems, building utilities
(including heating, air conditioning,
ventilation, plumbing, and electrical service),
and aircraft fueling facilities adjacent to the
gate.
(G) A project for converting vehicles and
ground support equipment used at a commercial
service airport to low-emission technology (as
defined in section 47102) or to use cleaner
burning conventional fuels, retrofitting of any
such vehicles or equipment that are powered by
a diesel or gasoline engine with emission
control technologies certified or verified by
the Environmental Protection Agency to reduce
emissions, or acquiring for use at a commercial
service airport vehicles and ground support
equipment that include low-emission technology
or use cleaner burning fuels if the airport is
located in an air quality nonattainment area
(as defined in section 171(2) of the Clean Air
Act (42 U.S.C. 7501(2))) or a maintenance area
referred to in section 175A of such Act (42
U.S.C. 7505a) and if such project will result
in an airport receiving appropriate emission
credits as described in section 47139.
(4) Ground support equipment.--The term ``ground
support equipment'' means service and maintenance
equipment used at an airport to support aeronautical
operations and related activities.
(5) Passenger facility charge.--The term ``passenger
facility charge'' means a charge imposed under this
section.
(6) Passenger facility revenue.--The term ``passenger
facility revenue'' means revenue derived from a
passenger facility charge.
(b) General Authority.--(1) The Secretary of Transportation
may authorize under this section an eligible agency to impose a
passenger facility charge of $1, $2, or $3 on each paying
passenger of an air carrier or foreign air carrier boarding an
aircraft at an airport the agency controls to finance an
eligible airport-related project, including making payments for
debt service on indebtedness incurred to carry out the project,
to be carried out in connection with the airport or any other
airport the agency controls.
(2) A State, political subdivision of a State, or authority
of a State or political subdivision that is not the eligible
agency may not regulate or prohibit the imposition or
collection of a passenger facility charge or the use of the
passenger facility revenue.
(3) A passenger facility charge may be imposed on a passenger
of an air carrier or foreign air carrier originating or
connecting at the commercial service airport that the agency
controls.
(4) In lieu of authorizing a charge under paragraph (1), the
Secretary may authorize under this section an eligible agency
to impose a passenger facility charge of $4.00 or $4.50 on each
paying passenger of an air carrier or foreign air carrier
boarding an aircraft at an airport the agency controls to
finance an eligible airport-related project, including making
payments for debt service on indebtedness incurred to carry out
the project.
(5) Maximum cost for certain low-emission technology
projects.--The maximum cost that may be financed by imposition
of a passenger facility charge under this section for a project
described in subsection (a)(3)(G) with respect to a vehicle or
ground support equipment may not exceed the incremental amount
of the project cost that is greater than the cost of acquiring
a vehicle or equipment that is not low-emission and would be
used for the same purpose, or the cost of low-emission
retrofitting, as determined by the Secretary.
(6) Debt service for certain projects.--In addition to the
uses specified in paragraphs (1) and (4), the Secretary may
authorize a passenger facility charge imposed under paragraph
(1) or (4) to be used for making payments for debt service on
indebtedness incurred to carry out at the airport a project
that is not an eligible airport-related project if the
Secretary determines that such use is necessary due to the
financial need of the airport.
(7) Noise mitigation for certain schools.--
(A) In general.--In addition to the uses specified in
paragraphs (1), (4), and (6), the Secretary may
authorize a passenger facility charge imposed under
paragraph (1) or (4) at a large hub airport that is the
subject of an amended judgment and final order in
condemnation filed on January 7, 1980, by the Superior
Court of the State of California for the county of Los
Angeles, to be used for a project to carry out noise
mitigation for a building, or for the replacement of a
relocatable building with a permanent building, in the
noise impacted area surrounding the airport at which
such building is used primarily for educational
purposes, notwithstanding the air easement granted or
any terms to the contrary in such judgment and final
order, if--
(i) the Secretary determines that the
building is adversely affected by airport
noise;
(ii) the building is owned or chartered by
the school district that was the plaintiff in
case number 986,442 or 986,446, which was
resolved by such judgment and final order;
(iii) the project is for a school identified
in 1 of the settlement agreements effective
February 16, 2005, between the airport and each
of the school districts;
(iv) in the case of a project to replace a
relocatable building with a permanent building,
the eligible project costs are limited to the
actual structural construction costs necessary
to mitigate aircraft noise in instructional
classrooms to an interior noise level meeting
current standards of the Federal Aviation
Administration; and
(v) the project otherwise meets the
requirements of this section for authorization
of a passenger facility charge.
(B) Eligible project costs.--In subparagraph (A)(iv),
the term ``eligible project costs'' means the
difference between the cost of standard school
construction and the cost of construction necessary to
mitigate classroom noise to the standards of the
Federal Aviation Administration.
(c) Applications.--(1) An eligible agency must submit to the
Secretary an application for authority to impose a passenger
facility charge. The application shall contain information and
be in the form that the Secretary may require by regulation.
(2) Before submitting an application, the eligible agency
must provide reasonable notice to, and an opportunity for
consultation with, air carriers and foreign air carriers
operating at the airport. The Secretary shall prescribe
regulations that define reasonable notice and contain at least
the following requirements:
(A) The agency must provide written notice of
individual projects being considered for financing by a
passenger facility charge and the date and location of
a meeting to present the projects to air carriers and
foreign air carriers operating at the airport.
(B) Not later than 30 days after written notice is
provided under subparagraph (A) of this paragraph, each
air carrier and foreign air carrier operating at the
airport must provide to the agency written notice of
receipt of the notice. Failure of a carrier to provide
the notice may be deemed certification of agreement
with the project by the carrier under subparagraph (D)
of this paragraph.
(C) Not later than 45 days after written notice is
provided under subparagraph (A) of this paragraph, the
agency must conduct a meeting to provide air carriers
and foreign air carriers with descriptions of projects
and justifications and a detailed financial plan for
projects.
(D) Not later than 30 days after the meeting, each
air carrier and foreign air carrier must provide to the
agency certification of agreement or disagreement with
projects (or total plan for the projects). Failure to
provide the certification is deemed certification of
agreement with the project by the carrier. A
certification of disagreement is void if it does not
contain the reasons for the disagreement.
(E) The agency must include in its application or
notice submitted under subparagraph (A) copies of all
certifications of agreement or disagreement received
under subparagraph (D).
(F) For the purpose of this section, an eligible
agency providing notice and an opportunity for
consultation to an air carrier or foreign air carrier
is deemed to have satisfied the requirements of this
paragraph if the eligible agency limits such notices
and consultations to air carriers and foreign air
carriers that have a significant business interest at
the airport. In the subparagraph, the term
``significant business interest'' means an air carrier
or foreign air carrier that had no less than 1.0
percent of passenger boardings at the airport in the
prior calendar year, had at least 25,000 passenger
boardings at the airport in the prior calendar year, or
provides scheduled service at the airport.
(3) Before submitting an application, the eligible agency
must provide reasonable notice and an opportunity for public
comment. The Secretary shall prescribe regulations that define
reasonable notice and provide for at least the following under
this paragraph:
(A) A requirement that the eligible agency provide
public notice of intent to collect a passenger facility
charge so as to inform those interested persons and
agencies that may be affected. The public notice may
include--
(i) publication in local newspapers of
general circulation;
(ii) publication in other local media; and
(iii) posting the notice on the agency's
Internet website.
(B) A requirement for submission of public comments
no sooner than 30 days, and no later than 45 days,
after the date of the publication of the notice.
(C) A requirement that the agency include in its
application or notice submitted under subparagraph (A)
copies of all comments received under subparagraph (B).
(4) After receiving an application, the Secretary may provide
notice and an opportunity to air carriers, foreign air
carriers, and other interested persons to comment on the
application. The Secretary shall make a final decision on the
application not later than 120 days after receiving it.
(d) Limitations on Approving Applications.--The Secretary may
approve an application that an eligible agency has submitted
under subsection (c) of this section to finance a specific
project only if the Secretary finds, based on the application,
that--
(1) the amount and duration of the proposed passenger
facility charge will result in revenue (including
interest and other returns on the revenue) that is not
more than the amount necessary to finance the specific
project;
[(2) each project is an eligible airport-related
project that will--
[(A) preserve or enhance capacity, safety, or
security of the national air transportation
system;
[(B) reduce noise resulting from an airport
that is part of the system; or
[(C) provide an opportunity for enhanced
competition between or among air carriers and
foreign air carriers;]
(2) each project is an eligible airport-related
project;
(3) the application includes adequate justification
for each of the specific projects; and
(4) in the case of an application to impose a charge
of more than $3.00 for an eligible surface
transportation or terminal project, the agency has made
adequate provision for financing the airside needs of
the airport, including runways, taxiways, aprons, and
aircraft gates.
(e) Limitations on Imposing Charges.--(1) An eligible agency
may impose a passenger facility charge only--
(A) if the Secretary approves an application that the
agency has submitted under subsection (c) of this
section; and
(B) subject to terms the Secretary may prescribe to
carry out the objectives of this section.
(2) A passenger facility charge may not be collected from a
passenger--
(A) for more than 2 boardings on a one-way trip or a
trip in each direction of a round trip;
(B) for the boarding to an eligible place under
subchapter II of chapter 417 of this title for which
essential air service compensation is paid under
subchapter II;
(C) enplaning at an airport if the passenger did not
pay for the air transportation which resulted in such
enplanement, including any case in which the passenger
obtained the ticket for the air transportation with a
frequent flier award coupon without monetary payment;
(D) on flights, including flight segments, between 2
or more points in Hawaii;
(E) in Alaska aboard an aircraft having a seating
capacity of less than 60 passengers; and
(F) enplaning at an airport if the passenger did not
pay for the air transportation which resulted in such
enplanement due to charter arrangements and payment by
the Department of Defense.
(f) Limitations on Contracts, Leases, and Use Agreements.--
(1) A contract between an air carrier or foreign air carrier
and an eligible agency made at any time may not impair the
authority of the agency to impose a passenger facility charge
or to use the passenger facility revenue as provided in this
section.
(2) A project financed with a passenger facility charge may
not be subject to an exclusive long-term lease or use agreement
of an air carrier or foreign air carrier, as defined by
regulations of the Secretary.
(3) A lease or use agreement of an air carrier or foreign air
carrier related to a project whose construction or expansion
was financed with a passenger facility charge may not restrict
the eligible agency from financing, developing, or assigning
new capacity at the airport with passenger facility revenue.
(g) Treatment of Revenue.--(1) Passenger facility revenue is
not airport revenue for purposes of establishing a price under
a contract between an eligible agency and an air carrier or
foreign air carrier.
(2) An eligible agency may not include in its price base the
part of the capital costs of a project paid for by using
passenger facility revenue to establish a price under a
contract between the agency and an air carrier or foreign air
carrier.
(3) For a project for terminal development, gates and related
areas, or a facility occupied or used by at least one air
carrier or foreign air carrier on an exclusive or preferential
basis, a price payable by an air carrier or foreign air carrier
using the facilities must at least equal the price paid by an
air carrier or foreign air carrier using a similar facility at
the airport that was not financed with passenger facility
revenue.
(4) Passenger facility revenues that are held by an air
carrier or an agent of the carrier after collection of a
passenger facility charge constitute a trust fund that is held
by the air carrier or agent for the beneficial interest of the
eligible agency imposing the charge. Such carrier or agent
holds neither legal nor equitable interest in the passenger
facility revenues except for any handling fee or retention of
interest collected on unremitted proceeds as may be allowed by
the Secretary.
(h) Compliance.--(1) As necessary to ensure compliance with
this section, the Secretary shall prescribe regulations
requiring recordkeeping and auditing of accounts maintained by
an air carrier or foreign air carrier and its agent collecting
a passenger facility charge and by the eligible agency imposing
the charge.
(2) The Secretary periodically shall audit and review the use
by an eligible agency of passenger facility revenue. After
review and a public hearing, the Secretary may end any part of
the authority of the agency to impose a passenger facility
charge to the extent the Secretary decides that the revenue is
not being used as provided in this section.
(3) The Secretary may set off amounts necessary to ensure
compliance with this section against amounts otherwise payable
to an eligible agency under subchapter I of chapter 471 of this
title if the Secretary decides a passenger facility charge is
excessive or that passenger facility revenue is not being used
as provided in this section.
(i) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section. The regulations--
(1) may prescribe the time and form by which a
passenger facility charge takes effect;
(2) shall--
(A) require an air carrier or foreign air
carrier and its agent to collect a passenger
facility charge that an eligible agency imposes
under this section;
(B) establish procedures for handling and
remitting money collected;
(C) ensure that the money, less a uniform
amount the Secretary determines reflects the
average necessary and reasonable expenses (net
of interest accruing to the carrier and agent
after collection and before remittance)
incurred in collecting and handling the charge,
is paid promptly to the eligible agency for
which they are collected; and
(D) require that the amount collected for any
air transportation be noted on the ticket for
that air transportation; and
(3) may permit an eligible agency to request that
collection of a passenger facility charge be waived
for--
(A) passengers enplaned by any class of air
carrier or foreign air carrier if the number of
passengers enplaned by the carriers in the
class constitutes not more than one percent of
the total number of passengers enplaned
annually at the airport at which the charge is
imposed; or
(B) passengers enplaned on a flight to an
airport--
(i) that has fewer than 2,500
passenger boardings each year and
receives scheduled passenger service;
or
(ii) in a community which has a
population of less than 10,000 and is
not connected by a land highway or
vehicular way to the land-connected
National Highway System within a State.
(j) Limitation on Certain Actions.--A State, political
subdivision of a State, or authority of a State or political
subdivision that is not the eligible agency may not tax,
regulate, or prohibit or otherwise attempt to control in any
manner, the imposition or collection of a passenger facility
charge or the use of the revenue from the passenger facility
charge.
(k) Competition Plans.--
(1) In general.--Beginning in fiscal year 2001, no
eligible agency may impose a passenger facility charge
under this section with respect to a covered airport
(as such term is defined in section 47106(f)) unless
the agency has submitted to the Secretary a written
competition plan in accordance with such section. This
subsection does not apply to passenger facility charges
in effect before the date of the enactment of this
subsection.
(2) Secretary shall ensure implementation and
compliance.--The Secretary shall review any plan
submitted under paragraph (1) to ensure that it meets
the requirements of this section, and shall review its
implementation from time-to-time to ensure that each
covered airport successfully implements its plan.
(l) [Pilot Program] Alternative Procedures for Passenger
Facility Charge Authorizations.--
[(1) In general.--The Secretary shall establish a
pilot program to test alternative procedures for
authorizing eligible agencies for airports to impose
passenger facility charges. An eligible agency may
impose in accordance with the provisions of this
subsection a passenger facility charge under this
section. For purposes of the pilot program, the
procedures in this subsection shall apply instead of
the procedures otherwise provided in this section.]
(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.
(2) Notice and opportunity for consultation.--The
eligible agency must provide reasonable notice and an
opportunity for consultation to air carriers and
foreign air carriers in accordance with subsection
(c)(2) and must provide reasonable notice and
opportunity for public comment in accordance with
subsection (c)(3).
(3) Notice of intention.--The eligible agency must
submit to the Secretary a notice of intention to impose
a passenger facility charge under this subsection. The
notice shall include--
(A) information that the Secretary may
require by regulation on each project for which
authority to impose a passenger facility charge
is sought;
(B) the amount of revenue from passenger
facility charges that is proposed to be
collected for each project; and
(C) the level of the passenger facility
charge that is proposed.
(4) Acknowledgement of receipt and indication of
objection.--The Secretary shall acknowledge receipt of
the notice and indicate any objection to the imposition
of a passenger facility charge under this subsection
for any project identified in the notice within 30 days
after receipt of the eligible agency's notice.
(5) Authority to impose charge.--Unless the Secretary
objects within 30 days after receipt of the eligible
agency's notice, the eligible agency is authorized to
impose a passenger facility charge in accordance with
the terms of its notice under this subsection.
(6) Regulations.--The Secretary shall propose such
regulations as may be necessary to carry out this
subsection.
(7) Acknowledgement not an order.--An acknowledgement
issued under paragraph (4) shall not be considered an
order issued by the Secretary for purposes of section
46110.
(m) Financial Management of Charges.--
(1) Handling of charges.--A covered air carrier shall
segregate in a separate account passenger facility
revenue equal to the average monthly liability for
charges collected under this section by such carrier or
any of its agents for the benefit of the eligible
agencies entitled to such revenue.
(2) Trust fund status.--If a covered air carrier or
its agent fails to segregate passenger facility revenue
in violation of the subsection, the trust fund status
of such revenue shall not be defeated by an inability
of any party to identify and trace the precise funds in
the accounts of the air carrier.
(3) Prohibition.--A covered air carrier and its
agents may not grant to any third party any security or
other interest in passenger facility revenue.
(4) Compensation to eligible entities.--A covered air
carrier that fails to comply with any requirement of
this subsection, or otherwise unnecessarily causes an
eligible entity to expend funds, through litigation or
otherwise, to recover or retain payment of passenger
facility revenue to which the eligible entity is
otherwise entitled shall be required to compensate the
eligible agency for the costs so incurred.
(5) Interest on amounts.--A covered air carrier that
collects passenger facility charges is entitled to
receive the interest on passenger facility charge
accounts if the accounts are established and maintained
in compliance with this subsection.
(6) Existing regulations.--The provisions of section
158.49 of title 14, Code of Federal Regulations, that
permit the commingling of passenger facility charges
with other air carrier revenue shall not apply to a
covered air carrier.
(7) Covered air carrier defined.--In this section,
the term ``covered air carrier'' means an air carrier
that files for chapter 7 or chapter 11 of title 11
bankruptcy protection, or has an involuntary chapter 7
of title 11 bankruptcy proceeding commenced against it,
after the date of enactment of this subsection.
(n) Use of Revenues at Previously Associated Airport.--
Notwithstanding the requirements relating to airport control
under subsection (b)(1), the Secretary may authorize use of a
passenger facility charge under subsection (b) to finance an
eligible airport-related project if--
(1) the eligible agency seeking to impose the new
charge controls an airport where a $2.00 passenger
facility charge became effective on January 1, 2013;
and
(2) the location of the project to be financed by the
new charge is at an airport that was under the control
of the same eligible agency that had controlled the
airport described in paragraph (1).
Sec. 40118. Government-financed air transportation
(a) Transportation by Air Carriers Holding Certificates.--A
department, agency, or instrumentality of the United States
Government shall take necessary steps to ensure that the
transportation of passengers and property by air is provided by
an air carrier holding a certificate under section 41102 of
this title if--
(1) the department, agency, or instrumentality--
(A) obtains the transportation for itself or
in carrying out an arrangement under which
payment is made by the Government or payment is
made from amounts provided for the use of the
Government; or
(B) provides the transportation to or for a
foreign country or international or other
organization without reimbursement;
(2) the transportation is authorized by the
certificate or by regulation or exemption of the
Secretary of Transportation; and
(3) the air carrier is--
(A) available, if the transportation is
between a place in the United States and a
place outside the United States; or
(B) reasonably available, if the
transportation is between 2 places outside the
United States.
(b) Transportation by Foreign Air Carriers.--This section
does not preclude the transportation of passengers and property
by a foreign air carrier if the transportation is provided
under a bilateral or multilateral air transportation agreement
to which the Government and the government of a foreign country
are parties if the agreement--
(1) is consistent with the goals for international
aviation policy of section 40101(e) of this title; and
(2) provides for the exchange of rights or benefits
of similar magnitude.
(c) Proof.--The Administrator of General Services shall
prescribe regulations under which agencies may allow the
expenditure of an appropriation for transportation in violation
of this section only when satisfactory proof is presented
showing the necessity for the transportation.
(d) Certain Transportation by Air Outside the United
States.--Notwithstanding subsections (a) and (c) of this
section, any amount appropriated to the Secretary of State or
the Administrator of the Agency for International Development
may be used to pay for the transportation of an officer or
employee of the Department of State or one of those agencies, a
dependent of the officer or employee, and accompanying baggage,
by a foreign air carrier when the transportation is between 2
places outside the United States.
(e) Relationship to Other Laws.--This section does not affect
the application of the antidiscrimination provisions of this
part.
(f) Prohibition of Certification or Contract Clause.--(1) No
certification by a contractor, and no contract clause, may be
required in the case of a contract for the transportation of
commercial products in order to implement a requirement in this
section.
(2) In paragraph (1), the term ``commercial product'' has the
meaning given such term in section 103 of title 41, except that
it shall not include a contract for the transportation by air
of passengers.
(g) Training Requirements.--The Administrator of General
Services shall ensure that any contract entered into for
provision of air transportation with a domestic carrier under
this section requires that the contracting air carrier submits
to the Administrator of General Services, the Secretary of
Transportation, the Administrator of the Transportation
Security Administration, the Secretary of Labor and the
Commissioner of U.S. Customs and Border Protection an annual
report regarding--
(1) the number of personnel trained in the [detection
and reporting of potential human trafficking (as
described in paragraphs (9) and (10)] detection and
reporting of potential severe forms of trafficking in
persons and sex trafficking (as such terms are defined
in paragraphs (11) and (12) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102)), including the training required under section
44734(a)(4);
(2) the number of notifications of potential human
trafficking victims received from staff or other
passengers; and
(3) whether the air carrier notified the National
Human Trafficking Hotline or law enforcement at the
relevant airport of the potential human trafficking
victim for each such notification of potential human
trafficking, and if so, when the notification was made.
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 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.
* * * * * * *
Sec. 40122. Federal Aviation Administration personnel management system
(a) In General.--
(1) Consultation and negotiation.--In developing and
making changes to the personnel management system
initially implemented by the Administrator of the
Federal Aviation Administration on April 1, 1996, the
Administrator shall negotiate with the exclusive
bargaining representatives of employees of the
Administration certified under section 7111 of title 5
and consult with other employees of the Administration.
(2) Dispute resolution.--
(A) Mediation.--If the Administrator does not
reach an agreement under paragraph (1) or the
provisions referred to in subsection (g)(2)(C)
with the exclusive bargaining representative of
the employees, the Administrator and the
bargaining representative--
(i) shall use the services of the
Federal Mediation and Conciliation
Service to attempt to reach such
agreement in accordance with part 1425
of title 29, Code of Federal
Regulations (as in effect on the date
of enactment of the FAA Modernization
and Reform Act of 2012); or
(ii) may by mutual agreement adopt
alternative procedures for the
resolution of disputes or impasses
arising in the negotiation of the
collective-bargaining agreement.
(B) Mid-term bargaining.--If the services of
the Federal Mediation and Conciliation Service
under subparagraph (A)(i) do not lead to the
resolution of issues in controversy arising
from the negotiation of a mid-term collective-
bargaining agreement, the Federal Service
Impasses Panel shall assist the parties in
resolving the impasse in accordance with
section 7119 of title 5.
(C) Binding arbitration for term
bargaining.--
(i) Assistance from federal service
impasses panel.--If the services of the
Federal Mediation and Conciliation
Service under subparagraph (A)(i) do
not lead to the resolution of issues in
controversy arising from the
negotiation of a term collective-
bargaining agreement, the Administrator
and the exclusive bargaining
representative of the employees (in
this subparagraph referred to as the
``parties'') shall submit their issues
in controversy to the Federal Service
Impasses Panel. The Panel shall assist
the parties in resolving the impasse by
asserting jurisdiction and ordering
binding arbitration by a private
arbitration board consisting of 3
members.
(ii) Appointment of arbitration
board.--The Executive Director of the
Panel shall provide for the appointment
of the 3 members of a private
arbitration board under clause (i) by
requesting the Director of the Federal
Mediation and Conciliation Service to
prepare a list of not less than 15
names of arbitrators with Federal
sector experience and by providing the
list to the parties. Not later than 10
days after receiving the list, the
parties shall each select one person
from the list. The 2 arbitrators
selected by the parties shall then
select a third person from the list not
later than 7 days after being selected.
If either of the parties fails to
select a person or if the 2 arbitrators
are unable to agree on the third person
in 7 days, the parties shall make the
selection by alternately striking names
on the list until one arbitrator
remains.
(iii) Framing issues in
controversy.--If the parties do not
agree on the framing of the issues to
be submitted for arbitration, the
arbitration board shall frame the
issues.
(iv) Hearings.--The arbitration board
shall give the parties a full and fair
hearing, including an opportunity to
present evidence in support of their
claims and an opportunity to present
their case in person, by counsel, or by
other representative as they may elect.
(v) Decisions.--The arbitration board
shall render its decision within 90
days after the date of its appointment.
Decisions of the arbitration board
shall be conclusive and binding upon
the parties.
(vi) Matters for consideration.--The
arbitration board shall take into
consideration such factors as--
(I) the effect of its
arbitration decisions on the
Federal Aviation
Administration's ability to
attract and retain a qualified
workforce;
(II) the effect of its
arbitration decisions on the
Federal Aviation
Administration's budget; and
(III) any other factors whose
consideration would assist the
board in fashioning a fair and
equitable award.
(vii) Costs.--The parties shall share
costs of the arbitration equally.
(3) Ratification of agreements.--Upon reaching a
voluntary agreement or at the conclusion of the binding
arbitration under paragraph (2)(C), the final
agreement, except for those matters decided by an
arbitration board, shall be subject to ratification by
the exclusive bargaining representative of the
employees, if so requested by the bargaining
representative, and the final agreement shall be
subject to approval by the head of the agency in
accordance with the provisions referred to in
subsection (g)(2)(C).
(4) Cost savings and productivity goals.--The
Administration and the exclusive bargaining
representatives of the employees shall use every
reasonable effort to find cost savings and to increase
productivity within each of the affected bargaining
units.
(5) Annual budget discussions.--The Administration
and the exclusive bargaining representatives of the
employees shall meet annually for the purpose of
finding additional cost savings within the
Administration's annual budget as it applies to each of
the affected bargaining units and throughout the
agency.
(b) Expert Evaluation.--On the date that is 3 years after the
personnel management system is implemented, the Administration
shall employ outside experts to provide an independent
evaluation of the effectiveness of the system within 3 months
after such date. For this purpose, the Administrator may
utilize the services of experts and consultants under section
3109 of title 5 without regard to the limitation imposed by the
last sentence of section 3109(b) of such title, and may
contract on a sole source basis, notwithstanding any other
provision of law to the contrary.
(c) Pay Restriction.--No officer or employee of the
Administration may receive an annual rate of basic pay in
excess of the annual rate of basic pay payable to the
Administrator.
(d) Ethics.--The Administration shall be subject to Executive
Order No. 12674 and regulations and opinions promulgated by the
Office of Government Ethics, including those set forth in
section 2635 of title 5 of the Code of Federal Regulations.
(e) Employee Protections.--Until July 1, 1999, basic wages
(including locality pay) and operational differential pay
provided employees of the Administration shall not be
involuntarily adversely affected by reason of the enactment of
this section, except for unacceptable performance or by reason
of a reduction in force or reorganization or by agreement
between the Administration and the affected employees'
exclusive bargaining representative.
(f) Labor-Management Agreements.--Except as otherwise
provided by this title, all labor-management agreements
covering employees of the Administration that are in effect on
the effective date of the Air Traffic Management System
Performance Improvement Act of 1996 shall remain in effect
until their normal expiration date, unless the Administrator
and the exclusive bargaining representative agree to the
contrary.
(g) Personnel Management System.--
(1) In general.--In consultation with the employees
of the Administration and such non-governmental experts
in personnel management systems as he may employ, and
notwithstanding the provisions of title 5 and other
Federal personnel laws, the Administrator shall develop
and implement, not later than January 1, 1996, a
personnel management system for the Administration that
addresses the unique demands on the agency's workforce.
Such a new system shall, at a minimum, provide for
greater flexibility in the hiring, training,
compensation, and location of personnel.
(2) Applicability of title 5.--The provisions of
title 5 shall not apply to the new personnel management
system developed and implemented pursuant to paragraph
(1), with the exception of--
(A) section 2302(b), relating to
whistleblower protection, including the
provisions for investigation and enforcement as
provided in chapter 12 of title 5;
(B) sections 3304(f), to the extent
consistent with the Federal Aviation
Administration's status as an excepted service
agency, 3308-3320, 3330a, 3330b, 3330c, and
3330d, relating to veterans' preference;
(C) chapter 71, relating to labor-management
relations;
(D) section 7204, relating to
antidiscrimination;
(E) chapter 73, relating to suitability,
security, and conduct;
(F) chapter 81, relating to compensation for
work injury;
(G) chapters 83-85, 87, and 89, relating to
retirement, unemployment compensation, and
insurance coverage;
(H) sections 1204, 1211-1218, 1221, and 7701-
7703, relating to the Merit Systems Protection
Board;
(I) subsections (b), (c), and (d) of section
4507 (relating to Meritorious Executive or
Distinguished Executive rank awards) and
subsections (b) and (c) of section 4507a
(relating to Meritorious Senior Professional or
Distinguished Senior Professional rank awards),
except that--
(i) for purposes of applying such
provisions to the personnel management
system--
(I) the term ``agency'' means
the Department of
Transportation;
(II) the term ``senior
executive'' means a Federal
Aviation Administration
executive;
(III) the term ``career
appointee'' means a Federal
Aviation Administration career
executive; and
(IV) the term ``senior career
employee'' means a Federal
Aviation Administration career
senior professional;
(ii) receipt by a career appointee or
a senior career employee of the rank of
Meritorious Executive or Meritorious
Senior Professional entitles the
individual to a lump-sum payment of an
amount equal to 20 percent of annual
basic pay, which shall be in addition
to the basic pay paid under the Federal
Aviation Administration Executive
Compensation Plan; and
(iii) receipt by a career appointee
or a senior career employee of the rank
of Distinguished Executive or
Distinguished Senior Professional
entitles the individual to a lump-sum
payment of an amount equal to 35
percent of annual basic pay, which
shall be in addition to the basic pay
paid under the Federal Aviation
Administration Executive Compensation
Plan; and
(J) subject to paragraph (4) of this
subsection, section 6329, relating to disabled
veteran leave.
(3) Appeals to merit systems protection board.--Under
the new personnel management system developed and
implemented under paragraph (1), an employee of the
Administration may submit an appeal to the Merit
Systems Protection Board and may seek judicial review
of any resulting final orders or decisions of the Board
from any action that was appealable to the Board under
any law, rule, or regulation as of March 31, 1996.
Notwithstanding any other provision of law, retroactive
to April 1, 1996, the Board shall have the same
remedial authority over such employee appeals that it
had as of March 31, 1996.
(4) Certification of disabled veteran leave.--In
order to verify that leave credited to an employee
pursuant to paragraph (2)(J) is used for treating a
service-connected disability, that employee shall,
notwithstanding section 6329(c) of title 5, submit to
the Assistant Administrator for Human Resource
Management of the Federal Aviation Administration
certification, in such form and manner as the
Administrator of the Federal Aviation Administration
may prescribe, that the employee used that leave for
purposes of being furnished treatment for that
disability by a health care provider.
(5) Paid parental leave.--The Administrator shall
implement a paid parental leave benefit for employees
of the Administration that is, at a minimum, consistent
with the paid parental leave benefits provided under
section 6382 of title 5.
(6) Effective date.--This subsection shall take
effect on April 1, 1996.
(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.
(h) Right To Contest Adverse Personnel Actions.--An employee
of the Federal Aviation Administration who is the subject of a
major adverse personnel action may contest the action either
through any contractual grievance procedure that is applicable
to the employee as a member of the collective bargaining unit
or through the Administration's internal process relating to
review of major adverse personnel actions of the
Administration, known as Guaranteed Fair Treatment, or under
section 40122(g)(3).
(i) Election of Forum.--Where a major adverse personnel
action may be contested through more than one of the indicated
forums (such as the contractual grievance procedure, the
Federal Aviation Administration's internal process, or that of
the Merit Systems Protection Board), an employee must elect the
forum through which the matter will be contested. Nothing in
this section is intended to allow an employee to contest an
action through more than one forum unless otherwise allowed by
law.
(j) Definition.--In this section, the term ``major adverse
personnel action'' means a suspension of more than 14 days, a
reduction in pay or grade, a removal for conduct or
performance, a nondisciplinary removal, a furlough of 30 days
or less (but not including placement in a nonpay status as the
result of a lapse of appropriations or an enactment by
Congress), or a reduction in force action.
* * * * * * *
Sec. 40125. Qualifications for public aircraft status
(a) Definitions.--In this section, the following definitions
apply:
(1) Commercial purposes.--The term ``commercial
purposes'' means the transportation of persons or
property for compensation or hire, but does not include
the operation of an aircraft by the armed forces for
reimbursement when that reimbursement is required by
any Federal statute, regulation, or directive, in
effect on November 1, 1999, or by one government on
behalf of another government under a cost reimbursement
agreement if the government on whose behalf the
operation is conducted certifies to the Administrator
of the Federal Aviation Administration that the
operation is necessary to respond to a significant and
imminent threat to life or property (including natural
resources) and that no service by a private operator is
reasonably available to meet the threat.
(2) Governmental function.--The term ``governmental
function'' means an activity undertaken by a
government, such as national defense, intelligence
missions, firefighting, search and rescue, law
enforcement (including transport of prisoners,
detainees, and illegal aliens), aeronautical research,
[or] biological or geological resource management
(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.
(3) Qualified non-crewmember.--The term ``qualified
non-crewmember'' means an individual, other than a
member of the crew, aboard an aircraft--
(A) operated by the armed forces or an
intelligence agency of the United States
Government; or
(B) whose presence is required to perform, or
is associated with the performance of, a
governmental function.
(4) Armed forces.--The term ``armed forces'' has the
meaning given such term by section 101 of title 10.
(b) Aircraft Owned by Governments.--An aircraft described in
subparagraph (A), (B), (C), (D), or (F) of section 40102(a)(41)
does not qualify as a public aircraft under such section when
the aircraft is used for commercial purposes or to carry an
individual other than a crewmember or a qualified non-
crewmember.
(c) Aircraft Owned or Operated by the Armed Forces.--
(1) In general.--Subject to paragraph (2), an
aircraft described in section 40102(a)(41)(E) qualifies
as a public aircraft if--
(A) the aircraft is operated in accordance
with title 10;
(B) the aircraft is operated in the
performance of a governmental function under
title 14, 31, 32, or 50 and the aircraft is not
used for commercial purposes; or
(C) the aircraft is chartered to provide
transportation or other commercial air service
to the armed forces and the Secretary of
Defense (or the Secretary of the department in
which the Coast Guard is operating) designates
the operation of the aircraft as being required
in the national interest.
(2) Limitation.--An aircraft that meets the criteria
set forth in paragraph (1) and that is owned or
operated by the National Guard of a State, the District
of Columbia, or any territory or possession of the
United States, qualifies as a public aircraft only to
the extent that it is operated under the direct control
of the Department of Defense.
(d) Search and Rescue Purposes.--An aircraft described in
section 40102(a)(41)(D) that is not exclusively leased for at
least 90 continuous days by the government of a State, the
District of Columbia, or a territory or possession of the
United States or a political subdivision of 1 of those
governments, qualifies as a public aircraft if the
Administrator determines that--
(1) there are extraordinary circumstances;
(2) the aircraft will be used for the performance of
search and rescue missions;
(3) a community would not otherwise have access to
search and rescue services; and
(4) a government entity demonstrates that granting
the waiver is necessary to prevent an undue economic
burden on that government.
* * * * * * *
Sec. 40128. Overflights of national parks
(a) In General.--
(1) General requirements.--A commercial air tour
operator may not conduct commercial air tour operations
over a national park or tribal lands, as defined by
this section, except--
(A) in accordance with this section;
(B) in accordance with conditions and
limitations prescribed for that operator by the
Administrator; and
(C) in accordance with any applicable air
tour management plan or voluntary agreement
under subsection (b)(7) for the park or tribal
lands.
(2) Application for operating authority.--
(A) Application required.--Before commencing
commercial air tour operations over a national
park or tribal lands, a commercial air tour
operator shall apply to the Administrator for
authority to conduct the operations over the
park or tribal lands.
(B) Competitive bidding for limited capacity
parks.--Whenever an air tour management plan
limits the number of commercial air tour
operations over a national park during a
specified time frame, the Administrator, in
cooperation with the Director, shall issue
operation specifications to commercial air tour
operators that conduct such operations. The
operation specifications shall include such
terms and conditions as the Administrator and
the Director find necessary for management of
commercial air tour operations over the park.
The Administrator, in cooperation with the
Director, shall develop an open competitive
process for evaluating proposals from persons
interested in providing commercial air tour
operations over the park. In making a selection
from among various proposals submitted, the
Administrator, in cooperation with the
Director, shall consider relevant factors,
including--
(i) the safety record of the person
submitting the proposal or pilots
employed by the person;
(ii) any quiet aircraft technology
proposed to be used by the person
submitting the proposal;
(iii) the experience of the person
submitting the proposal with commercial
air tour operations over other national
parks or scenic areas;
(iv) the financial capability of the
person submitting the proposal;
(v) any training programs for pilots
provided by the person submitting the
proposal; and
(vi) responsiveness of the person
submitting the proposal to any relevant
criteria developed by the National Park
Service for the affected park.
(C) Number of operations authorized.--In
determining the number of authorizations to
issue to provide commercial air tour operations
over a national park, the Administrator, in
cooperation with the Director, shall take into
consideration the provisions of the air tour
management plan, the number of existing
commercial air tour operators and current level
of service and equipment provided by any such
operators, and the financial viability of each
commercial air tour operation.
(D) Cooperation with nps.--Before granting an
application under this paragraph, the
Administrator, in cooperation with the
Director, shall develop an air tour management
plan in accordance with subsection (b) and
implement such plan.
(E) Time limit on response to atmp
applications.--The Administrator shall make
every effort to act on any application under
this paragraph and issue a decision on the
application not later than 24 months after it
is received or amended.
(F) Priority.--In acting on applications
under this paragraph to provide commercial air
tour operations over a national park, the
Administrator shall give priority to an
application under this paragraph in any case in
which a new entrant commercial air tour
operator is seeking operating authority with
respect to that national park.
(3) Exception.--Notwithstanding paragraph (1),
commercial air tour operators may conduct commercial
air tour operations over a national park under part 91
of title 14, Code of Federal Regulations if--
(A) such activity is permitted under part 119
of such title;
(B) the operator secures a letter of
agreement from the Administrator and the
national park superintendent for that national
park describing the conditions under which the
operations will be conducted; and
(C) the total number of operations under this
exception is limited to not more than five
flights in any 30-day period over a particular
park.
(4) Special rule for safety requirements.--
Notwithstanding subsection (c), an existing commercial
air tour operator shall apply, not later than 90 days
after the date of the enactment of this section, for
operating authority under part 119, 121, or 135 of
title 14, Code of Federal Regulations. A new entrant
commercial air tour operator shall apply for such
authority before conducting commercial air tour
operations over a national park or tribal lands. The
Administrator shall make every effort to act on any
such application for a new entrant and issue a decision
on the application not later than 24 months after it is
received or amended.
(5) Exemption for national parks with 50 or fewer
flights each year.--
(A) In general.--Notwithstanding paragraph
(1), a national park that has 50 or fewer
commercial air tour operations over the park
each year shall be exempt from the requirements
of this section, except as provided in
subparagraph (B).
(B) Withdrawal of exemption.--If the Director
determines that an air tour management plan or
voluntary agreement is necessary to protect
park resources and values or park visitor use
and enjoyment, the Director shall withdraw the
exemption of a park under subparagraph (A).
(C) List of parks.--
(i) In general.--The Director and
Administrator shall jointly publish a
list each year of national parks that
are covered by the exemption provided
under this paragraph.
(ii) Notification of withdrawal of
exemption.--The Director shall inform
the Administrator, in writing, of each
determination to withdraw an exemption
under subparagraph (B).
(D) Annual report.--A commercial air tour
operator conducting commercial air tour
operations over a national park that is exempt
from the requirements of this section shall
submit to the Administrator and the Director a
report each year that includes the number of
commercial air tour operations the operator
conducted during the preceding 1-year period
over such park.
(b) Air Tour Management Plans.--
(1) Establishment.--
(A) In general.--The Administrator, in
cooperation with the Director, shall establish
an air tour management plan for any national
park or tribal land for which such a plan is
not in effect whenever a person applies for
authority to conduct a commercial air tour
operation over the park. The air tour
management plan shall be developed by means of
a public process in accordance with paragraph
(4).
(B) Objective.--The objective of any air tour
management plan shall be to develop acceptable
and effective measures to mitigate or prevent
the significant adverse impacts, if any, of
commercial air tour operations upon the natural
and cultural resources, visitor experiences,
and tribal lands.
(C) Exception.--An application to begin or
expand commercial air tour operations at Crater
Lake National Park or Great Smoky Mountains
National Park may be denied without the
establishment of an air tour management plan by
the Director of the National Park Service if
the Director determines that such operations
would adversely affect park resources or
visitor experiences.
(2) Environmental determination.--In establishing an
air tour management plan under this subsection, the
Administrator and the Director shall each sign the
environmental decision document required by section 102
of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) which may include a finding of no
significant impact, an environmental assessment, or an
environmental impact statement and the record of
decision for the air tour management plan.
(3) Contents.--An air tour management plan for a
national park--
(A) may prohibit commercial air tour
operations over a national park in whole or in
part;
(B) may establish conditions for the conduct
of commercial air tour operations over a
national park, including commercial air tour
routes, maximum or minimum altitudes, time-of-
day restrictions, restrictions for particular
events, maximum number of flights per unit of
time, intrusions on privacy on tribal lands,
and mitigation of noise, visual, or other
impacts;
(C) shall apply to all commercial air tour
operations over a national park that are also
within 1/2 mile outside the boundary of a
national park;
(D) shall include incentives (such as
preferred commercial air tour routes and
altitudes, relief from caps and curfews) for
the adoption of quiet aircraft technology by
commercial air tour operators conducting
commercial air tour operations over a national
park;
(E) shall provide for the initial allocation
of opportunities to conduct commercial air tour
operations over a national park if the plan
includes a limitation on the number of
commercial air tour operations for any time
period; and
(F) shall justify and document the need for
measures taken pursuant to subparagraphs (A)
through (E) and include such justifications in
the record of decision.
(4) Procedure.--In establishing an air tour
management plan for a national park or tribal lands,
the Administrator and the Director shall--
(A) hold at least one public meeting with
interested parties to develop the air tour
management plan;
(B) publish the proposed plan in the Federal
Register for notice and comment and make copies
of the proposed plan available to the public;
(C) comply with the regulations set forth in
sections 1501.3 and 1501.5 through 1501.8 of
title 40, Code of Federal Regulations (for
purposes of complying with the regulations, the
Federal Aviation Administration shall be the
lead agency and the National Park Service is a
cooperating agency); [and]
(D) solicit the participation of any Indian
tribe whose tribal lands are, or may be,
overflown by aircraft involved in a commercial
air tour operation over the park or tribal
lands to which the plan applies, as a
cooperating agency under the regulations
referred to in subparagraph (C)[.]; and
(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.
(5) Judicial review.--An air tour management plan
developed under this subsection shall be subject to
judicial review.
(6) Amendments.--The Administrator, in cooperation
with the Director, may make amendments to an air tour
management plan. Any such amendments shall be published
in the Federal Register for notice and comment. A
request for amendment of an air tour management plan
shall be made in such form and manner as the
Administrator may prescribe.
(7) Voluntary agreements.--
(A) In general.--As an alternative to an air
tour management plan, the Director and the
Administrator may enter into a voluntary
agreement with a commercial air tour operator
(including a new entrant commercial air tour
operator and an operator that has interim
operating authority) that has applied to
conduct commercial air tour operations over a
national park to manage commercial air tour
operations over such national park.
(B) Park protection.--A voluntary agreement
under this paragraph with respect to commercial
air tour operations over a national park shall
address the management issues necessary to
protect the resources of such park and visitor
use of such park without compromising aviation
safety or the air traffic control system and
may--
(i) include provisions such as those
described in subparagraphs (B) through
(E) of paragraph (3);
(ii) include provisions to ensure the
stability of, and compliance with, the
voluntary agreement; and
(iii) provide for fees for such
operations.
(C) Public review.--The Director and the
Administrator shall provide an opportunity for
public review of a proposed voluntary agreement
under this paragraph and shall consult with any
Indian tribe whose tribal lands are, or may be,
flown over by a commercial air tour operator
under a voluntary agreement under this
paragraph. After such opportunity for public
review and consultation, the voluntary
agreement may be implemented without further
administrative or environmental process beyond
that described in this subsection.
(D) Termination.--
(i) In general.--A voluntary
agreement under this paragraph may be
terminated at any time at the
discretion of--
(I) the Director, if the
Director determines that the
agreement is not adequately
protecting park resources or
visitor experiences; or
(II) the Administrator, if
the Administrator determines
that the agreement is adversely
affecting aviation safety or
the national aviation system.
(ii) Effect of termination.--If a
voluntary agreement with respect to a
national park is terminated under this
subparagraph, the operators shall
conform to the requirements for interim
operating authority under subsection
(c) until an air tour management plan
for the park is in effect.
(c) Interim Operating Authority.--
(1) In general.--Upon application for operating
authority, the Administrator shall grant interim
operating authority under this subsection to a
commercial air tour operator for commercial air tour
operations over a national park or tribal lands for
which the operator is an existing commercial air tour
operator.
(2) Requirements and limitations.--Interim operating
authority granted under this subsection--
(A) shall provide annual authorization only
for the greater of--
(i) the number of flights used by the
operator to provide the commercial air
tour operations over a national park
within the 12-month period prior to the
date of the enactment of this section;
or
(ii) the average number of flights
per 12-month period used by the
operator to provide such operations
within the 36-month period prior to
such date of enactment, and, for
seasonal operations, the number of
flights so used during the season or
seasons covered by that 12-month
period;
(B) may not provide for an increase in the
number of commercial air tour operations over a
national park conducted during any time period
by the commercial air tour operator above the
number that the air tour operator was
originally granted unless such an increase is
agreed to by the Administrator and the
Director;
(C) shall be published in the Federal
Register to provide notice and opportunity for
comment;
(D) may be revoked by the Administrator for
cause;
(E) shall terminate 180 days after the date
on which an air tour management plan is
established for the park or tribal lands;
(F) shall promote protection of national park
resources, visitor experiences, and tribal
lands;
(G) shall promote safe commercial air tour
operations;
(H) shall promote the adoption of quiet
technology, as appropriate; and
(I) may allow for modifications of the
interim operating authority without further
environmental review beyond that described in
this subsection, if--
(i) adequate information regarding
the existing and proposed operations of
the operator under the interim
operating authority is provided to the
Administrator and the Director;
(ii) the Administrator determines
that there would be no adverse impact
on aviation safety or the air traffic
control system; and
(iii) the Director agrees with the
modification, based on the professional
expertise of the Director regarding the
protection of the resources, values,
and visitor use and enjoyment of the
park.
(3) New entrant air tour operators.--
(A) In general.--The Administrator, in
cooperation with the Director, may grant
interim operating authority under this
paragraph to an air tour operator for a
national park or tribal lands for which that
operator is a new entrant air tour operator
without further environmental process beyond
that described in this paragraph, if--
(i) adequate information on the
proposed operations of the operator is
provided to the Administrator and the
Director by the operator making the
request;
(ii) the Administrator agrees that
there would be no adverse impact on
aviation safety or the air traffic
control system; and
(iii) the Director agrees, based on
the Director's professional expertise
regarding the protection of park
resources and values and visitor use
and enjoyment.
(B) Safety limitation.--The Administrator may
not grant interim operating authority under
subparagraph (A) if the Administrator
determines that it would create a safety
problem at the park or on the tribal lands, or
the Director determines that it would create a
noise problem at the park or on the tribal
lands.
(C) ATMP limitation.--The Administrator may
grant interim operating authority under
subparagraph (A) of this paragraph only if the
air tour management plan for the park or tribal
lands to which the application relates has not
been developed within 24 months after the date
of the enactment of this section.
(d) Commercial Air Tour Operator Reports.--
(1) Report.--Each commercial air tour operator
conducting a commercial air tour operation over a
national park under interim operating authority granted
under subsection (c) or in accordance with an air tour
management plan or voluntary agreement under subsection
(b) shall submit to the Administrator and the Director
a report regarding the number of commercial air tour
operations over each national park that are conducted
by the operator and such other information as the
Administrator and Director may request in order to
facilitate administering the provisions of this
section.
(2) Report submission.--Not later than 90 days after
the date of enactment of the FAA Modernization and
Reform Act of 2012, the Administrator and the Director
shall jointly issue an initial request for reports
under this subsection. The reports shall be submitted
to the Administrator and the Director with a frequency
and in a format prescribed by the Administrator and the
Director.
(e) Exemptions.--This section shall not apply to--
(1) the Grand Canyon National Park; or
(2) tribal lands within or abutting the Grand Canyon
National Park.
(f) Lake Mead.--This section shall not apply to any air tour
operator while flying over or near the Lake Mead National
Recreation Area, solely as a transportation route, to conduct
an air tour over the Grand Canyon National Park. For purposes
of this subsection, an air tour operator flying over the Hoover
Dam in the Lake Mead National Recreation Area en route to the
Grand Canyon National Park shall be deemed to be flying solely
as a transportation route.
(g) Definitions.--In this section, the following definitions
apply:
(1) Commercial air tour operator.--The term
``commercial air tour operator'' means any person who
conducts a commercial air tour operation over a
national park.
(2) Existing commercial air tour operator.--The term
``existing commercial air tour operator'' means a
commercial air tour operator that was actively engaged
in the business of providing commercial air tour
operations over a national park at any time during the
12-month period ending on the date of the enactment of
this section.
(3) New entrant commercial air tour operator.--The
term ``new entrant commercial air tour operator'' means
a commercial air tour operator that--
(A) applies for operating authority as a
commercial air tour operator for a national
park or tribal lands; and
(B) has not engaged in the business of
providing commercial air tour operations over
the national park or tribal lands in the 12-
month period preceding the application.
(4) Commercial air tour operation over a national
park.--
(A) In general.--The term ``commercial air
tour operation over a national park'' means any
flight, conducted for compensation or hire in a
powered aircraft where a purpose of the flight
is sightseeing over a national park, within 1/2
mile outside the boundary of any national park
(except the Grand Canyon National Park), or
over tribal lands (except those within or
abutting the Grand Canyon National Park),
during which the aircraft flies--
(i) below a minimum altitude,
determined by the Administrator in
cooperation with the Director, above
ground level (except solely for
purposes of takeoff or landing, or
necessary for safe operation of an
aircraft as determined under the rules
and regulations of the Federal Aviation
Administration requiring the pilot-in-
command to take action to ensure the
safe operation of the aircraft); or
(ii) less than 1 mile laterally from
any geographic feature within the park
(unless more than 1/2 mile outside the
boundary).
(B) Factors to consider.--In making a
determination of whether a flight is a
commercial air tour operation over a national
park for purposes of this section, the
Administrator may consider--
(i) whether there was a holding out
to the public of willingness to conduct
a sightseeing flight for compensation
or hire;
(ii) whether a narrative that
referred to areas or points of interest
on the surface below the route of the
flight was provided by the person
offering the flight;
(iii) the area of operation;
(iv) the frequency of flights
conducted by the person offering the
flight;
(v) the route of flight;
(vi) the inclusion of sightseeing
flights as part of any travel
arrangement package offered by the
person offering the flight;
(vii) whether the flight would have
been canceled based on poor visibility
of the surface below the route of the
flight; and
(viii) any other factors that the
Administrator and the Director consider
appropriate.
(5) National park.--The term ``national park'' means
any unit of the National Park System.
(6) Tribal lands.--The term ``tribal lands'' means
Indian country (as that term is defined in section 1151
of title 18) that is within or abutting a national
park.
(7) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Aviation
Administration.
(8) Director.--The term ``Director'' means the
Director of the National Park Service.
* * * * * * *
Sec. 40130. FAA authority to conduct criminal history record checks
(a) Criminal History Background Checks.--
(1) Access to information.--The Administrator of the
Federal Aviation Administration, for certification
purposes of the Administration only, is authorized--
(A) to conduct, in accordance with the
established request process, a criminal history
background check of an airman in the criminal
repositories of the Federal Bureau of
Investigation and States by submitting positive
identification of the airman to a fingerprint-
based repository in compliance with section 217
of the National Crime Prevention and Privacy
Compact Act of 1998 [(42 U.S.C. 14616)] (34
U.S.C. 40316); and
(B) to receive relevant criminal history
record information regarding the airman
checked.
(2) Release of information.--In accessing a
repository referred to in paragraph (1), the
Administrator shall be subject to the conditions and
procedures established by the Department of Justice or
the State, as appropriate, for other governmental
agencies conducting background checks for noncriminal
justice purposes.
(3) Limitation.--The Administrator may not use the
authority under paragraph (1) to conduct criminal
investigations.
(4) Reimbursement.--The Administrator may collect
reimbursement to process the fingerprint-based checks
under this subsection, to be used for expenses
incurred, including Federal Bureau of Investigation
fees, in providing these services.
(b) Designated Employees.--The Administrator shall designate,
by order, employees of the Administration who may carry out the
authority described in subsection (a).
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 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).
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.
* * * * * * *
SUBPART ii--ECONOMIC REGULATION
* * * * * * *
CHAPTER 413--FOREIGN AIR TRANSPORTATION
* * * * * * *
Sec. 41302. Permits of foreign air carriers
The Secretary of Transportation may issue a permit to a
person (except a citizen of the United States) authorizing the
person to provide foreign air transportation as a foreign air
carrier if the Secretary finds that--
(1) the person is fit, willing, and able to provide
the foreign air transportation to be authorized by the
permit and to comply with this part and regulations of
the Secretary; and
(2)(A) the person is qualified, and has been
designated by the government of its country, to provide
the foreign air transportation under an agreement with
the United States Government; or
(B) [the foreign air transportation] after
considering the totality of the circumstances,
including the matters described in section 40101(a),
the foreign air transportation to be provided under the
permit will be in the public interest.
* * * * * * *
Sec. 41313. Plans to address needs of families of passengers involved
in foreign air carrier accidents
(a) Definitions.--In this section, the following definitions
apply:
(1) Aircraft accident.--The term ``aircraft
accident'' means any aviation disaster, regardless of
its cause or suspected cause, that occurs within the
United States; and
(2) Passenger.--The term ``passenger'' has the
meaning given such term by section 1136.
(b) Submission of Plans.--A foreign air carrier providing
foreign air transportation under this chapter shall transmit to
the Secretary of Transportation and the Chairman of the
National Transportation Safety Board a plan for addressing the
needs of the families of passengers involved in an aircraft
accident that involves an aircraft under the control of the
foreign air carrier and results in any loss of life.
(c) Contents of Plans.--To the extent permitted by foreign
law which was in effect on the date of the enactment of this
section, a plan submitted by a foreign air carrier under
subsection (b) shall include the following:
(1) Telephone number.--A plan for publicizing a
reliable, toll-free telephone number and staff to take
calls to such number from families of passengers
involved in an aircraft accident that involves an
aircraft under the control of the foreign air carrier
and results in any loss of life.
(2) Notification of families.--A process for
notifying, in person to the extent practicable, the
families of passengers involved in an aircraft accident
that involves an aircraft under the control of the
foreign air carrier and results in any loss of life
before providing any public notice of the names of such
passengers. Such notice shall be provided by using the
services of--
(A) the organization designated for the
accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3) Notice provided as soon as possible.--An
assurance that the notice required by paragraph (2)
shall be provided as soon as practicable after the
foreign air carrier has verified the identity of a
passenger on the foreign aircraft, whether or not the
names of all of the passengers have been verified.
(4) List of passengers.--An assurance that the
foreign air carrier shall provide, immediately upon
request, and update a list (based on the best available
information at the time of the request) of the names of
the passengers aboard the aircraft (whether or not such
names have been verified), to--
(A) the director of family support services
designated for the accident under section
1136(a)(1); and
(B) the organization designated for the
accident under section 1136(a)(2).
(5) Consultation regarding disposition of remains and
effects.--An assurance that the family of each
passenger will be consulted about the disposition of
any remains and personal effects of the passenger that
are within the control of the foreign air carrier.
(6) Return of possessions.--An assurance that, if
requested by the family of a passenger, any possession
(regardless of its condition) of that passenger that is
within the control of the foreign air carrier will be
returned to the family unless the possession is needed
for the accident investigation or a criminal
investigation.
(7) Unclaimed possessions retained.--An assurance
that any unclaimed possession of a passenger within the
control of the foreign air carrier will be retained by
the foreign air carrier for not less than 18 months
after the date of the accident.
(8) Monuments.--An assurance that the family of each
passenger will be consulted about construction by the
foreign air carrier of any monument to the passengers
built in the United States, including any inscription
on the monument.
(9) Equal treatment of passengers.--An assurance that
the treatment of the families of nonrevenue passengers
(and any other victim of the accident, including any
victim on the ground) will be the same as the treatment
of the families of revenue passengers.
(10) Service and assistance to families of
passengers.--An assurance that the foreign air carrier
will work with any organization designated under
section 1136(a)(2) on an ongoing basis to ensure that
families of passengers receive an appropriate level of
services and assistance following an accident.
(11) Compensation to service organizations.--An
assurance that the foreign air carrier will provide
reasonable compensation to any organization designated
under section 1136(a)(2) for services and assistance
provided by the organization.
(12) Travel and care expenses.--An assurance that the
foreign air carrier will assist the family of any
passenger in traveling to the location of the accident
and provide for the physical care of the family while
the family is staying at such location.
(13) Resources for plan.--An assurance that the
foreign air carrier will commit sufficient resources to
carry out the plan.
(14) Substitute measures.--If a foreign air carrier
does not wish to comply with paragraph (10), (11), or
(12), a description of proposed adequate substitute
measures for the requirements of each paragraph with
which the foreign air carrier does not wish to comply.
(15) Training of employees and agents.--An assurance
that the foreign air carrier will provide adequate
training to the employees and agents of the carrier to
meet the needs of survivors and family members
following an accident.
(16) Consultation on carrier response not covered by
plan.--An assurance that, in the event that the foreign
air carrier volunteers assistance to United States
citizens within the United States with respect to an
aircraft accident outside the United States involving
any loss of life, [will consult] the foreign air
carrier shall consult with the Board and the Department
of State on the provision of the assistance.
(17) Notice concerning liability for manmade
structures.--
(A) In general.--An assurance that, in the
case of an accident that results in any damage
to a manmade structure or other property on the
ground that is not government-owned, the
foreign air carrier will promptly provide
notice, in writing, to the extent practicable,
directly to the owner of the structure or other
property about liability for any property
damage and means for obtaining compensation.
(B) Minimum contents.--At a minimum, the
written notice shall advise an owner (i) to
contact the insurer of the property as the
authoritative source for information about
coverage and compensation; (ii) to not rely on
unofficial information offered by foreign air
carrier representatives about compensation by
the foreign air carrier for accident-site
property damage; and (iii) to obtain
photographic or other detailed evidence of
property damage as soon as possible after the
accident, consistent with restrictions on
access to the accident site.
(18) Simultaneous electronic transmission of ntsb
hearing.--An assurance that, in the case of an accident
in which the National Transportation Safety Board
conducts a public hearing or comparable proceeding at a
location greater than 80 miles from the accident site,
the foreign air carrier will ensure that the proceeding
is made available simultaneously by electronic means at
a location open to the public at both the origin city
and destination city of the foreign air carrier's
flight if that city is located in the United States.
(d) Permit and Exemption Requirement.--The Secretary shall
not approve an application for a permit under section 41302
unless the applicant has included as part of the application or
request for exemption a plan that meets the requirements of
subsection (c).
(e) Limitation on Liability.--A foreign air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of the performance of the foreign air
carrier in preparing or providing a passenger list pursuant to
a plan submitted by the foreign air carrier under subsection
(c), unless the liability was caused by conduct of the foreign
air carrier which was grossly negligent or which constituted
intentional misconduct.
* * * * * * *
CHAPTER 415--PRICING
* * * * * * *
Sec. 41511. Special prices for foreign air transportation
(a) Free and Reduced Pricing.--This chapter does not prohibit
an air carrier or foreign air carrier, under terms the
Secretary of Transportation prescribes, from issuing or
interchanging tickets or passes for free or reduced-price
foreign air transportation to or for the following:
(1) a director, officer, or employee of the carrier
(including a retired director, officer, or employee who
is receiving retirement benefits from an air carrier or
foreign air carrier).
(2) a parent or the immediate family of such an
officer or employee or the immediate family of such a
director.
(3) a widow, widower, or minor child of an employee
of the carrier who died as a direct result of a
personal injury sustained when performing a duty in the
service of the carrier.
(4) a witness or attorney attending a legal
investigation in which the air carrier is interested.
(5) an individual injured in an aircraft accident and
a physician or nurse attending the individual.
(6) a parent or the immediate family of an individual
injured or killed in an aircraft accident when the
transportation is related to the accident.
(7) an individual or property to provide relief in a
general epidemic, pestilence, or other emergency.
(8) other individuals under other circumstances the
Secretary prescribes by regulation.
(b) Space-Available Basis.--Under terms the Secretary
prescribes, an air carrier or foreign air carrier may grant
reduced-price foreign air transportation on a space-available
basis to the following:
(1) a minister of religion.
(2) an individual who is at least 60 years of age and
no longer gainfully employed.
(3) an individual who is at least 65 years of age.
(4) an individual who has severely impaired vision or
hearing or another physical or mental [handicap]
disability and an accompanying attendant needed by that
individual.
* * * * * * *
CHAPTER 417--OPERATIONS OF CARRIERS
SUBCHAPTER I--REQUIREMENTS
Sec.
* * * * * * *
[41705. Discrimination against handicapped individuals.]
41705. Discrimination against individuals with disabilities.
* * * * * * *
41727. Passenger rights.
41728. Airline passengers with disabilities bill of rights.
41729. Formal sexual assault and harassment policies.
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 41705. Discrimination against [handicapped individuals]
individuals with disabilities
(a) In General.--In providing air transportation, an air
carrier, including (subject to section 40105(b)) any foreign
air carrier, may not discriminate against an otherwise
qualified individual on the following grounds:
(1) the individual has a physical or mental
impairment that substantially limits one or more major
life activities.
(2) the individual has a record of such an
impairment.
(3) the individual is regarded as having such an
impairment.
(b) Each Act Constitutes Separate Offense.--For purposes of
section 46301, a separate violation occurs under this section
for each individual act of discrimination prohibited by
subsection (a).
(c) Investigation of Complaints.--
[(1) In general.--The Secretary shall investigate
each complaint of a violation of subsection (a).]
(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.
(2) Publication of data.--The Secretary shall publish
disability-related complaint data in a manner
comparable to other consumer complaint data.
(3) Review and report.--The Secretary shall regularly
review all complaints received by air carriers alleging
discrimination on the basis of disability and shall
report annually to Congress on the results of such
review.
(4) Technical assistance.--Not later than 180 days
after the date of the enactment of this subsection, the
Secretary shall--
(A) implement a plan, in consultation with
the Department of Justice, the United States
Architectural and Transportation Barriers
Compliance Board, and the National Council on
Disability, to provide technical assistance to
air carriers and individuals with disabilities
in understanding the rights and
responsibilities set forth in this section; and
(B) ensure the availability and provision of
appropriate technical assistance manuals to
individuals and entities with rights or
responsibilities under this section.
* * * * * * *
Sec. 41712. Unfair and deceptive practices and unfair methods of
competition
(a) In General.--On the initiative of the Secretary of
Transportation or the complaint of an air carrier, foreign air
carrier, air ambulance consumer (as defined by the Secretary of
Transportation), or ticket agent, and if the Secretary
considers it is in the public interest, the Secretary may
investigate and decide whether an air carrier, foreign air
carrier, or ticket agent has been or is engaged in an unfair or
deceptive practice or an unfair method of competition in air
transportation or the sale of air transportation. If the
Secretary, after notice and an opportunity for a hearing, finds
that an air carrier, foreign air carrier, or ticket agent is
engaged in an unfair or deceptive practice or unfair method of
competition, the Secretary shall order the air carrier, foreign
air carrier, or ticket agent to stop the practice or method.
(b) E-Ticket Expiration Notice.--It shall be an unfair or
deceptive practice under subsection (a) for any air carrier,
foreign air carrier, or ticket agent utilizing electronically
transmitted tickets for air transportation to fail to notify
the purchaser of such a ticket of its expiration date, if any.
(c) Disclosure Requirement for Sellers of Tickets for
Flights.--
(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for any ticket agent, air
carrier, foreign air carrier, or other person offering
to sell tickets for air transportation on a flight of
an air carrier to fail to disclose, whether verbally in
oral communication or in writing in written or
electronic communication, prior to the purchase of a
ticket--
(A) the name of the air carrier providing the
air transportation; and
(B) if the flight has more than one flight
segment, the name of each air carrier providing
the air transportation for each such flight
segment.
(2) Internet offers.--In the case of an offer to sell
tickets described in paragraph (1) on an Internet Web
site, disclosure of the information required by
paragraph (1) shall be provided on the first display of
the Web site following a search of a requested
itinerary in a format that is easily visible to a
viewer.
(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.
* * * * * * *
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.
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 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).
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.
SUBCHAPTER II--SMALL COMMUNITY AIR SERVICE
Sec. 41731. Definitions
(a) General.--In this subchapter--
(1) ``eligible place'' means a place in the United
States that--
(A)(i)(I) was an eligible point under section
419 of the Federal Aviation Act of 1958 before
October 1, 1988;
(II) received scheduled air transportation at
any time after January 1, 1990; and
(III) is not listed in Department of
Transportation Orders 89-9-37 and 89-12-52 as a
place ineligible for compensation under this
subchapter; or
(ii) was determined, on or after October 1,
1988, and before the date of the enactment of
the FAA Extension, Safety, and Security Act of
2016 (Public Law 114-190), under this
subchapter by the Secretary of Transportation
to be eligible to receive subsidized small
community air service under section 41736(a);
(B) had an average of 10 enplanements per
service day or more, as determined by the
Secretary, during the most recent fiscal year
beginning after September 30, 2012;
[(C) had an average subsidy per passenger of
less than $1,000 during the most recent fiscal
year, as determined by the Secretary; and]
(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
(D) is a community that, at any time during
the period between September 30, 2010, and
September 30, 2011, inclusive--
(i) received essential air service
for which compensation was provided to
an air carrier under this subchapter;
or
(ii) received a 90-day notice of
intent to terminate essential air
service and the Secretary required the
air carrier to continue to provide such
service to the community.
(2) ``enhanced essential air service'' means
scheduled air transportation to an eligible place of a
higher level or quality than basic essential air
service described in section 41732 of this title.
(b) Limitation on Authority To Decide a Place Not an Eligible
Place.--The Secretary may not decide that a place described in
subsection (a)(1) of this section is not an eligible place on
any basis that is not specifically stated in this subchapter.
(c) Exception for Locations in Alaska and Hawaii.--
Subparagraphs (B), (C), and (D) of subsection (a)(1) and
section 41737(a)(1)(F) shall not apply with respect to
locations in the State of Alaska or the State of Hawaii.
(d) Exceptions for Locations More Than 175 Driving Miles From
the Nearest Large or Medium Hub Airport.--Subsection (a)(1)(B)
and section 41737(a)(1)(F) shall not apply with respect to
locations that are more than 175 driving miles from the nearest
large or medium hub airport.
(e) Waivers.--For fiscal year 2013 and each fiscal year
thereafter, the Secretary may waive, on an annual basis,
subsection (a)(1)(B) with respect to a location if the location
demonstrates to the Secretary's satisfaction that the reason
the location averages fewer than 10 enplanements per day is due
to a temporary decline in enplanements.
(f) Definition.--For purposes of subsection (a)(1)(B), the
term ``enplanements'' means the number of passengers enplaning,
at an eligible place, on flights operated by the subsidized
essential air service carrier.
Sec. 41732. Basic essential air service
(a) General.--Basic essential air service provided under
section 41733 of this title is scheduled air transportation of
passengers and cargo--
(1) to a hub airport less than 650 miles from an
eligible place (unless such airport or eligible place
are located in a non-contiguous State) that has
convenient connecting or single-plane air service to a
substantial number of destinations beyond that airport;
or
(2) to a small hub or nonhub airport, when in Alaska
or when the nearest hub airport is more than 400 miles
from an eligible place.
(b) Minimum Requirements.--Basic essential air service shall
include at least the following:
(1)(A) for a place not in Alaska, 2 daily round trips
6 days a week, with not more than one intermediate stop
on each flight; or
(B) for a place in Alaska, a level of service at
least equal to that provided in 1976 or 2 round trips a
week, whichever is greater, except that the Secretary
of Transportation and the appropriate State authority
of Alaska may agree to a different level of service
after consulting with the affected community.
(2) flights at reasonable times considering the needs
of passengers with connecting flights at the airport
and at prices that are not excessive compared to the
generally prevailing prices of other air carriers for
like service between similar places.
(3) for a place not in Alaska, service provided in an
aircraft with an effective capacity of at least 15
passengers if the average daily boardings at the place
in any calendar year from 1976-1986 were more than 11
passengers unless--
(A) that level-of-service requirement would
require paying compensation in a fiscal year
under section 41733(d) or 41734(d) or (e) of
this title for the place when compensation
otherwise would not have been paid for that
place in that year; or
(B) the affected community agrees with the
Secretary in writing to the use of smaller
aircraft to provide service to the place.
(4) service accommodating the estimated passenger and
property traffic at an average load factor, for each
class of traffic considering seasonal demands for the
service, of not more than--
(A) 50 percent; or
(B) 60 percent when service is provided by
aircraft with more than 14 passenger seats.
(5) service provided in aircraft with at least 2
engines and using 2 pilots, unless scheduled air
transportation has not been provided to the place in
aircraft with at least 2 engines and using 2 pilots for
at least 60 consecutive operating days at any time
since October 31, 1978.
(6) service provided by pressurized aircraft when the
service is provided by aircraft that regularly fly
above 8,000 feet in altitude.
(c) Waivers.--Notwithstanding section 41733(e), upon request
by an eligible place, the Secretary may waive, in whole or in
part, subsections (a) and (b) of this section or subsections
(a) through (c) of section 41734. A waiver issued under this
subsection shall remain in effect for a limited period of time,
as determined by the Secretary.
Sec. 41733. Level of basic essential air service
(a) Decisions Made Before October 1, 1988.--For each eligible
place for which a decision was made before October 1, 1988,
under section 419 of the Federal Aviation Act of 1958,
establishing the level of essential air transportation, the
level of basic essential air service for that place shall be
the level established by the Secretary of Transportation for
that place by not later than December 29, 1988.
(b) Decisions Not Made Before October 1, 1988.--(1) The
Secretary shall decide on the level of basic essential air
service for each eligible place for which a decision was not
made before October 1, 1988, establishing the level of
essential air transportation, when the Secretary receives
notice that service to that place will be provided by only one
air carrier. The Secretary shall make the decision by the last
day of the 6-month period beginning on the date the Secretary
receives the notice. The Secretary may impose notice
requirements necessary to carry out this subsection. Before
making a decision, the Secretary shall consider the views of
any interested community and the appropriate State authority of
the State in which the community is located.
(2) Until the Secretary has made a decision on a level of
basic essential air service for an eligible place under this
subsection, the Secretary, on petition by an appropriate
representative of the place, shall prohibit an air carrier from
ending, suspending, or reducing air transportation to that
place that appears to deprive the place of basic essential air
service.
(c) Availability of Compensation.--(1) If the Secretary
decides that basic essential air service will not be provided
to an eligible place without compensation, the Secretary shall
provide notice that an air carrier may apply to provide basic
essential air service to the place for compensation under this
section. In selecting an applicant, the Secretary shall
consider, among other factors--
(A) the demonstrated reliability of the applicant in
providing scheduled air service;
(B) the contractual and marketing arrangements the
applicant has made with a larger carrier to ensure
service beyond the hub airport;
(C) the interline arrangements that the applicant has
made with a larger carrier to allow passengers and
cargo of the applicant at the hub airport to be
transported by the larger carrier through one
reservation, ticket, and baggage check-in;
(D) the preferences of the actual and potential users
of air transportation at the eligible place, [giving
substantial weight to] including the views of the
elected officials representing the users;
(E) whether the air carrier has included a plan in
its proposal to market its services to the community;
[and]
(F) for an eligible place in Alaska, the experience
of the applicant in providing, in Alaska, scheduled air
service, or significant patterns of non-scheduled air
service under an exemption granted under section
40109(a) and (c)-(h) of this title[.]; and
(G) the total compensation proposed by the air
carrier for providing scheduled air service under this
section.
(2) Under guidelines prescribed under section 41737(a) of
this title, the Secretary shall pay the rate of compensation
for providing basic essential air service under this section
and section 41734 of this title.
(d) Compensation Payments.--The Secretary shall pay
compensation under this section at times and in the way the
Secretary decides is appropriate. The Secretary shall end
payment of compensation to an air carrier for providing basic
essential air service to an eligible place when the Secretary
decides the compensation is no longer necessary to maintain
basic essential air service to the place.
(e) Review.--The Secretary shall review periodically the
level of basic essential air service for each eligible place.
Based on the review and consultations with an interested
community and the appropriate State authority of the State in
which the community is located, the Secretary may make
appropriate adjustments in the level of service, to the extent
such adjustments are to a level not less than the basic
essential air service level established under subsection (a)
for the airport that serves the community.
(f) Notice to Communities Prior to Termination of
Eligibility.--
(1) In general.--The Secretary shall notify each
community receiving basic essential air service for
which compensation is being paid under this subchapter
on or before the 45th day before issuing any final
decision to end the payment of such compensation due to
a determination by the Secretary that providing such
service requires a rate of subsidy per passenger in
excess of the subsidy cap.
(2) Procedures to avoid termination.--The Secretary
shall establish, by order, procedures by which each
community notified of an impending loss of subsidy
under paragraph (1) may work directly with an air
carrier to ensure that the air carrier is able to
submit a proposal to the Secretary to provide essential
air service to such community for an amount of
compensation that would not exceed the subsidy cap.
(3) Assistance provided.--The Secretary shall
provide, by order, information to each community
notified under paragraph (1) regarding--
(A) the procedures established pursuant to
paragraph (2); and
(B) the maximum amount of compensation that
could be provided under this subchapter to an
air carrier serving such community that would
comply with basic essential air service and the
subsidy cap.
(g) Proposals of State and Local Governments to Restore
Eligibility.--
(1) In general.--If the Secretary, after the date of
enactment of this subsection, ends payment of
compensation to an air carrier for providing basic
essential air service to an eligible place because the
Secretary has determined that providing such service
requires a rate of subsidy per passenger in excess of
the subsidy cap or that the place is no longer an
eligible place pursuant to section 41731(a)(1)(B), a
State or local government may submit to the Secretary a
proposal for restoring compensation for such service.
Such proposal shall be a joint proposal of the State or
local government and an air carrier.
(2) Determination by secretary.--The Secretary shall
issue an order restoring the eligibility of the
otherwise eligible place to receive basic essential air
service by an air carrier for compensation under
subsection (c) if--
(A) a State or local government submits to
the Secretary a proposal under paragraph (1);
and
(B) the Secretary determines that--
(i) the rate of subsidy per passenger
under the proposal does not exceed the
subsidy cap;
(ii) the proposal is likely to result
in an average number of enplanements
per day that will satisfy the
requirement in section 41731(a)(1)(B);
and
(iii) the proposal is consistent with
the legal and regulatory requirements
of the essential air service program.
(h) Subsidy Cap Defined.--In this section, the term ``subsidy
cap'' means the subsidy-per-passenger cap established by
section 332 of the Department of Transportation and Related
Agencies Appropriations Act, 2000 (Public Law 106-69; 113 Stat.
1022).
* * * * * * *
Sec. 41737. Compensation guidelines, limitations, and claims
(a) Compensation Guidelines.--(1) The Secretary of
Transportation shall prescribe guidelines governing the rate of
compensation payable under this subchapter. The guidelines
shall be used to determine the reasonable amount of
compensation required to ensure the continuation of air service
or air transportation under this subchapter. The guidelines
shall--
(A) provide for a reduction in compensation when an
air carrier does not provide service or transportation
agreed to be provided;
(B) consider amounts needed by an air carrier to
promote public use of the service or transportation for
which compensation is being paid;
(C) include expense elements based on representative
costs of air carriers providing scheduled air
transportation of passengers, property, and mail on
aircraft of the type the Secretary decides is
appropriate for providing the service or transportation
for which compensation is being provided;
(D) include provisions under which the Secretary may
encourage an air carrier to improve air service for
which compensation is being paid under this subchapter
by incorporating financial incentives in an essential
air service contract based on specified performance
goals, including goals related to improving on-time
performance, reducing the number of flight
cancellations, establishing reasonable fares (including
joint fares beyond the hub airport), establishing
convenient connections to flights providing service
beyond hub airports, and increasing marketing efforts;
[and]
(E) include provisions under which the Secretary may
execute a long-term essential air service contract to
encourage an air carrier to provide air service to an
eligible place if it would be in the public interest to
do so[.]; and
(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) Promotional amounts described in paragraph (1)(B) of this
subsection shall be a special, segregated element of the
compensation provided to a carrier under this subchapter.
(b) Required Finding.--The Secretary may pay compensation to
an air carrier for providing air service or air transportation
under this subchapter only if the Secretary finds the carrier
is able to provide the service or transportation in a reliable
way.
(c) Claims.--Not later than 15 days after receiving a written
claim from an air carrier for compensation under this
subchapter, the Secretary shall--
(1) pay or deny the United States Government's share
of a claim; and
(2) if denying the claim, notify the carrier of the
denial and the reasons for the denial.
(d) Authority To Make Agreements and Incur Obligations.--(1)
The Secretary may make agreements and incur obligations from
the Airport and Airway Trust Fund established under section
9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to
pay compensation under this subchapter. An agreement by the
Secretary under this subsection is a contractual obligation of
the Government to pay the Government's share of the
compensation.
(2) Not more than $38,600,000 is available to the Secretary
out of the Fund for each of the fiscal years ending September
30, 1993-1998, to incur obligations under this section. Amounts
made available under this section remain available until
expended.
(e) Adjustments to Account for Significantly Increased
Costs.--
(1) In general.--If the Secretary determines that air
carriers are experiencing significantly increased costs
in providing air service or air transportation for
which compensation is being paid under this subchapter,
the Secretary may increase the rates of compensation
payable under this subchapter without regard to any
agreement or requirement relating to the renegotiation
of contracts or any notice requirement under section
41734.
(2) Readjustment if costs subsequently decline.--If
an adjustment is made under paragraph (1), and total
unit costs subsequently decrease to at least the total
unit cost reflected in the compensation rate, then the
Secretary may reverse the adjustment previously made
under paragraph (1) without regard to any agreement or
requirement relating to the renegotiation of contracts
or any notice requirement under section 41734.
(3) Significantly increased costs defined.--In this
subsection, the term ``significantly increased costs''
means a total unit cost increase (but not increases in
individual unit costs) of 10 percent or more in
relation to the total unit cost reflected in the
compensation rate, based on the carrier's internal
audit of its financial statements if such cost increase
is incurred for a period of at least 2 consecutive
months.
* * * * * * *
Sec. 41742. Essential air service authorization
(a) In General.--
(1) Authorization.--Out of the amounts received by
the Federal Aviation Administration credited to the
account established under section 45303 of this title
or otherwise provided to the Administration, the sum of
$50,000,000 for each fiscal year is authorized and
shall be made available immediately for obligation and
expenditure to carry out the essential air service
program under this subchapter.
(2) Additional funds.--In addition to amounts
authorized under paragraph (1), there is authorized to
be appropriated out of the Airport and Airway Trust
Fund (established under section 9502 of the Internal
Revenue Code of 1986) [$155,000,000 for fiscal year
2018, $158,000,000 for fiscal year 2019, $161,000,000
for fiscal year 2020, $165,000,000 for fiscal year
2021, $168,000,000 for fiscal year 2022, and
$172,000,000 for fiscal year 2023] $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
to carry out the essential air service program under
this subchapter of which not more than $12,000,000 per
fiscal year may be used for the marketing incentive
program for communities and for State marketing
assistance.
(3) Authorization for additional employees.--In
addition to amounts authorized under paragraphs (1) and
(2), there are authorized to be appropriated such sums
as may be necessary for the Secretary of Transportation
to hire and employ 4 additional employees for the
office responsible for carrying out the essential air
service program.
(b) Distribution of Additional Funds.--Notwithstanding any
other provision of law, in any fiscal year in which funds
credited to the account established under section 45303,
including the funds derived from fees imposed under the
authority contained in section 45301(a), exceed the $50,000,000
made available under subsection (a)(1), such funds shall be
made available immediately for obligation and expenditure to
carry out the essential air service program under this
subchapter.
(c) Availability of Funds.--The funds made available under
this section shall remain available until expended.
Sec. 41743. Airports not receiving sufficient service
(a) Small Community Air Service Development Program.--The
Secretary of Transportation shall establish a program that
meets the requirements of this section for improving air
carrier service to airports not receiving sufficient air
carrier service.
(b) Application Required.--In order to participate in the
program established under subsection (a), a community or
consortium of communities shall submit an application to the
Secretary in such form, at such time, and containing such
information as the Secretary may require, including--
(1) an assessment of the need of the community or
consortium for access, or improved access, to the
national air transportation system; and
(2) an analysis of the application of the criteria in
subsection (c) to that community or consortium.
(c) Criteria for Participation.--In selecting communities, or
consortia of communities, for participation in the program
established under subsection (a), the Secretary shall apply the
following criteria:
(1) Size.--On the date of submission of the relevant
application under subsection (b), the airport serving
the community or consortium--
(A) is not larger than a small hub airport,
as determined using the Department of
Transportation's most recently published
classification; and
(B) has--
(i) insufficient air carrier service;
or
(ii) unreasonably high air fares.
(2) Characteristics.--The airport presents
characteristics, such as geographic diversity or unique
circumstances, that will demonstrate the need for, and
feasibility of, the program established under
subsection (a).
(3) State limit.--Not more than 4 communities or
consortia of communities, or a combination thereof,
from the same State may be selected to participate in
the program in any fiscal year.
(4) Overall limit.--
(A) In general.--No more than 40 communities
or consortia of communities, or a combination
thereof, may be selected to participate in the
program in each year for which funds are
appropriated for the program.
(B) Same projects.--Except as provided in
subparagraph (C), no community, consortia of
communities, or combination thereof may
participate in the program in support of the
same project more than once in a [10-year] 6-
year period, but any community, consortia of
communities, or combination thereof may apply,
subsequent to such participation, to
participate in the program in support of a
different project at any time.
(C) Exception.--The Secretary may waive the
limitation under subparagraph (B) related to
projects that are the same if the Secretary
determines that the community or consortium
spent little or no money on its previous
project or encountered industry or
environmental challenges, due to circumstances
that were reasonably beyond the control of the
community or consortium.
(5) Priorities.--The Secretary shall give priority to
communities or consortia of communities where--
(A) air fares are higher than the average air
fares for all communities;
(B) the community has demonstrated support
from at least 1 air carrier to provide service;
[(B)] (C) the community or consortium will
provide a portion of the cost of the activity
to be assisted under the program from local
sources other than airport revenues;
[(C)] (D) the community or consortium has
established, or will establish, a public-
private partnership to facilitate air carrier
service to the public;
[(D)] (E) the assistance will provide
material benefits to a broad segment of the
travelling public, including business,
educational institutions, and other
enterprises, whose access to the national air
transportation system is limited;
[(E)] (F) the assistance will be used to help
restore scheduled passenger air service that
has been terminated;
[(F)] (G) the assistance will be used in a
timely fashion; and
[(G)] (H) multiple communities cooperate to
submit a regional or multistate application to
consolidate air service into one regional
airport.
(d) Types of Assistance.--The Secretary may use amounts made
available under this section--
(1) to provide assistance to an air carrier to
subsidize service to and from an underserved airport
for a period not to exceed 3 years;
(2) to provide assistance to an underserved airport
to obtain service to and from the underserved airport;
and
(3) to provide assistance to an underserved airport
to implement such other measures as the Secretary, in
consultation with such airport, considers appropriate
to improve air service both in terms of the cost of
such service to consumers and the availability of such
service, including improving air service through
marketing and promotion of air service and enhanced
utilization of airport facilities.
(e) Authority To Make Agreements.--
(1) In general.--The Secretary may make agreements to
provide assistance under this section. The Secretary
may amend the scope of a grant agreement at the request
of the community or consortium and any participating
air carrier, and may limit the scope of a grant
agreement to only the elements using grant assistance
or to only the elements achieved, if the Secretary
determines that the amendment is reasonably consistent
with the original purpose of the project.
(2) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$10,000,000 for each of fiscal years 2018 through
[2023] 2028 to carry out this section. Such sums shall
remain available until expended.
(f) Additional Action.--Under the program established under
subsection (a), the Secretary shall work with air carriers
providing service to participating communities and major air
carriers (as defined in section 41716(a)(2)) serving large hub
airports to facilitate joint-fare arrangements consistent with
normal industry practice.
(g) Designation of Responsible Official.--The Secretary shall
designate an employee of the Department of Transportation--
(1) to function as a facilitator between small
communities and air carriers;
(2) to carry out this section;
(3) to ensure that the Bureau of Transportation
Statistics collects data on passenger information to
assess the service needs of small communities;
(4) to work with and coordinate efforts with other
Federal, State, and local agencies to increase the
viability of service to small communities and the
creation of aviation development zones; and
(5) to provide policy recommendations to the
Secretary and Congress that will ensure that small
communities have access to quality, affordable air
transportation services.
(h) Air Service Development Zone.--The Secretary shall
designate an airport in the program as an Air Service
Development Zone and work with the community or consortium on
means to attract business to the area surrounding the airport,
to develop land use options for the area, and provide data,
working with the Department of Commerce and other agencies.
* * * * * * *
CHAPTER 421--LABOR-MANAGEMENT PROVISIONS
* * * * * * *
SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM
Sec. 42121. Protection of employees providing air safety information
(a) Prohibited Discrimination.--A holder of a certificate
under section 44704 or 44705 of this title, or a contractor,
subcontractor, or supplier of such holder, may not discharge an
employee or otherwise discriminate against an employee with
respect to compensation, terms, conditions, or privileges of
employment because the employee (or any person acting pursuant
to a request of the employee)--
(1) provided, caused to be provided, or is about to
provide (with any knowledge of the employer) or cause
to be provided to the employer or Federal Government
information relating to any violation or alleged
violation of any order, regulation, or standard of the
Federal Aviation Administration or any other provision
of Federal law relating to aviation safety under this
subtitle or any other law of the United States;
(2) has filed, caused to be filed, or is about to
file (with any knowledge of the employer) or cause to
be filed a proceeding relating to any violation or
alleged violation of any order, regulation, or standard
of the Federal Aviation Administration or any other
provision of Federal law relating to aviation safety
under this subtitle or any other law of the United
States;
(3) testified or is about to testify in such a
proceeding; or
(4) assisted or participated or is about to assist or
participate in such a proceeding.
(b) Department of Labor Complaint Procedure.--
(1) Filing and notification.--A person who believes
that he or she has been discharged or otherwise
discriminated against by any person in violation of
subsection (a) may, not later than 90 days after the
date on which such violation occurs, file (or have any
person file on his or her behalf) a complaint with the
Secretary of Labor alleging such discharge or
discrimination. Upon receipt of such a complaint, the
Secretary of Labor shall notify, in writing, the person
named in the complaint and the Administrator of the
Federal Aviation Administration of the filing of the
complaint, of the allegations contained in the
complaint, of the substance of evidence supporting the
complaint, and of the opportunities that will be
afforded to such person under paragraph (2).
(2) Investigation; preliminary order.--
(A) In general.--Not later than 60 days after
the date of receipt of a complaint filed under
paragraph (1) and after affording the person
named in the complaint an opportunity to submit
to the Secretary of Labor a written response to
the complaint and an opportunity to meet with a
representative of the Secretary to present
statements from witnesses, the Secretary of
Labor shall conduct an investigation and
determine whether there is reasonable cause to
believe that the complaint has merit and
notify, in writing, the complainant and the
person alleged to have committed a violation of
subsection (a) of the Secretary's findings. If
the Secretary of Labor concludes that there is
a reasonable cause to believe that a violation
of subsection (a) has occurred, the Secretary
shall accompany the Secretary's findings with a
preliminary order providing the relief
prescribed by paragraph (3)(B). Not later than
30 days after the date of notification of
findings under this paragraph, either the
person alleged to have committed the violation
or the complainant may file objections to the
findings or preliminary order, or both, and
request a hearing on the record. The filing of
such objections shall not operate to stay any
reinstatement remedy contained in the
preliminary order. Such hearings shall be
conducted expeditiously. If a hearing is not
requested in such 30-day period, the
preliminary order shall be deemed a final order
that is not subject to judicial review.
(B) Requirements.--
(i) Required showing by
complainant.--The Secretary of Labor
shall dismiss a complaint filed under
this subsection and shall not conduct
an investigation otherwise required
under subparagraph (A) unless the
complainant makes a prima facie showing
that any behavior described in
paragraphs (1) through (4) of
subsection (a) was a contributing
factor in the unfavorable personnel
action alleged in the complaint.
(ii) Showing by employer.--
Notwithstanding a finding by the
Secretary that the complainant has made
the showing required under clause (i),
no investigation otherwise required
under subparagraph (A) shall be
conducted if the employer demonstrates,
by clear and convincing evidence, that
the employer would have taken the same
unfavorable personnel action in the
absence of that behavior.
(iii) Criteria for determination by
secretary.--The Secretary may determine
that a violation of subsection (a) has
occurred only if the complainant
demonstrates that any behavior
described in paragraphs (1) through (4)
of subsection (a) was a contributing
factor in the unfavorable personnel
action alleged in the complaint.
(iv) Prohibition.--Relief may not be
ordered under subparagraph (A) if the
employer demonstrates by clear and
convincing evidence that the employer
would have taken the same unfavorable
personnel action in the absence of that
behavior.
(3) Final order.--
(A) Deadline for issuance; settlement
agreements.--Not later than 120 days after the
date of conclusion of a hearing under paragraph
(2), the Secretary of Labor shall issue a final
order providing the relief prescribed by this
paragraph or denying the complaint. At any time
before issuance of a final order, a proceeding
under this subsection may be terminated on the
basis of a settlement agreement entered into by
the Secretary of Labor, the complainant, and
the person alleged to have committed the
violation.
(B) Remedy.--If, in response to a complaint
filed under paragraph (1), the Secretary of
Labor determines that a violation of subsection
(a) has occurred, the Secretary of Labor shall
order the person who committed such violation
to--
(i) take affirmative action to abate
the violation;
(ii) reinstate the complainant to his
or her former position together with
the compensation (including back pay)
and restore the terms, conditions, and
privileges associated with his or her
employment; and
(iii) provide compensatory damages to
the complainant.
If such an order is issued under this
paragraph, the Secretary of Labor, at the
request of the complainant, shall assess
against the person against whom the order is
issued a sum equal to the aggregate amount of
all costs and expenses (including attorneys'
and expert witness fees) reasonably incurred,
as determined by the Secretary of Labor, by the
complainant for, or in connection with, the
bringing the complaint upon which the order was
issued.
(C) Frivolous complaints.--If the Secretary
of Labor finds that a complaint under paragraph
(1) is frivolous or has been brought in bad
faith, the Secretary of Labor may award to the
prevailing employer a reasonable attorney's fee
not exceeding $1,000.
(4) Review.--
(A) Appeal to court of appeals.--Any person
adversely affected or aggrieved by an order
issued under paragraph (3) may obtain review of
the order in the United States Court of Appeals
for the circuit in which the violation, with
respect to which the order was issued,
allegedly occurred or the circuit in which the
complainant resided on the date of such
violation. The petition for review must be
filed not later than 60 days after the date of
the issuance of the final order of the
Secretary of Labor. Review shall conform to
chapter 7 of title 5, United States Code. The
commencement of proceedings under this
subparagraph shall not, unless ordered by the
court, operate as a stay of the order.
(B) Limitation on collateral attack.--An
order of the Secretary of Labor with respect to
which review could have been obtained under
subparagraph (A) shall not be subject to
judicial review in any criminal or other civil
proceeding.
[(5) Enforcement of order by secretary of labor.--
Whenever any person has failed to comply with an order
issued under paragraph (3), 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. In actions brought under
this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory
damages.]
(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.
(6) Enforcement of order by parties.--
(A) Commencement of action.--A person on
whose behalf an order was issued under
paragraph (3) may commence a civil action
against the person to whom such order was
issued to require compliance with such order.
The appropriate United States district court
shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the
parties, to enforce such order.
(B) Attorney fees.--The court, in issuing any
final order under this paragraph, may award
costs of litigation (including reasonable
attorney and expert witness fees) to any party
whenever the court determines such award is
appropriate.
(c) Mandamus.--Any nondiscretionary duty imposed by this
section shall be enforceable in a mandamus proceeding brought
under section 1361 of title 28, United States Code.
(d) Nonapplicability to Deliberate Violations.--Subsection
(a) shall not apply with respect to an employee of a holder of
a certificate issued under section 44704 or 44705, or a
contractor or subcontractor thereof, who, acting without
direction from such certificate-holder, contractor, or
subcontractor (or such person's agent), deliberately causes a
violation of any requirement relating to aviation safety under
this subtitle or any other law of the United States.
(e) Contractor Defined.--In this section, the term
``contractor'' means--
(1) a person that performs safety-sensitive functions
by contract for an air carrier or commercial operator;
or
(2) a person that performs safety-sensitive functions
related to the design or production of an aircraft,
aircraft engine, propeller, appliance, or component
thereof by contract for a holder of a certificate
issued under section 44704.
* * * * * * *
CHAPTER 423--PASSENGER AIR SERVICE IMPROVEMENTS
* * * * * * *
[Sec. 42302. Consumer complaints
[(a) In General.--The Secretary of Transportation shall
establish a consumer complaints toll-free hotline telephone
number for the use of passengers in air transportation
(including transportation by air ambulance (as defined by the
Secretary of Transportation)) and shall take actions to notify
the public of--
[(1) that telephone number; and
[(2) the Internet Web site of the Aviation Consumer
Protection Division of the Department of
Transportation.
[(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
Internet Web site of the carrier--
[(1) the hotline telephone number established under
subsection (a);
[(2) the e-mail address, telephone number, and
mailing address of the air carrier for the submission
of complaints by passengers about air travel service
problems; and
[(3) the Internet Web site and mailing address of the
Aviation Consumer Protection Division of the Department
of Transportation for the submission of complaints by
passengers about air travel service problems.
[(c) Notice to Passengers on Boarding Documentation.--Each
air carrier and foreign air carrier shall include the hotline
telephone number established under subsection (a) on--
[(1) prominently displayed signs of the carrier at
the airport ticket counters in the United States where
the carrier operates; and
[(2) any electronic confirmation of the purchase of a
passenger ticket for air transportation issued by the
carrier.
[(d) Use of New Technologies.--The Secretary shall
periodically evaluate the benefits of using mobile phone
applications or other widely used technologies to provide new
means for air passengers to communicate complaints in addition
to the telephone number established under subsection (a) and
shall provide such new means as the Secretary determines
appropriate.
[(e) Air Ambulance Providers.--Each air ambulance provider
shall include the hotline telephone number, link to the
Internet website established under subsection (a), and contact
information for the Aviation Consumer Advocate established
under section 425 on--
[(1) any invoice, bill, or other communication
provided to a passenger or customer of the provider;
and
[(2) its Internet Web site, and any related mobile
device application.]
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.
* * * * * * *
SUBPART iii--SAFETY
* * * * * * *
CHAPTER 441--REGISTRATION AND RECORDATION OF AIRCRAFT
Sec.
* * * * * * *
44114. Privacy.
* * * * * * *
Sec. 44103. Registration of aircraft
(a) General.--(1) On application of the owner of an aircraft
that meets the requirements of section 44102 of this title, the
Administrator of the Federal Aviation Administration shall--
(A) register the aircraft; and
(B) issue a certificate of registration to its owner.
(2) The Administrator may prescribe the extent to which an
aircraft owned by the holder of a dealer's certificate of
registration issued under section 44104(2) of this title also
is registered under this section.
(b) Controlled Substance Violations.--(1) The Administrator
may not issue an owner's certificate of registration under
subsection (a)(1) of this section to a person whose certificate
is revoked under section 44106 of this title during the 5-year
period beginning on the date of the revocation, except--
(A) as provided in section 44106(e)(2) of this title;
or
(B) that the Administrator may issue the certificate
to the person after the one-year period beginning on
the date of the revocation if the Administrator decides
that the aircraft otherwise meets the requirements of
section 44102 of this title and that denial of a
certificate for the 5-year period--
(i) would be excessive considering the nature
of the offense or the act committed and the
burden the denial places on the person; or
(ii) would not be in the public interest.
(2) A decision of the Administrator under paragraph (1)(B)(i)
or (ii) of this subsection is within the discretion of the
Administrator. That decision or failure to make a decision is
not subject to administrative or judicial review.
(c) Certificates as Evidence.--A certificate of registration
issued under this section is--
(1) conclusive evidence of the nationality of an
aircraft for international purposes, but not conclusive
evidence in a proceeding under the laws of the United
States; and
(2) not evidence of ownership of an aircraft in a
proceeding in which ownership is or may be in issue.
(d) Certificates Available for Inspection.--An operator of an
aircraft shall make available for inspection a certificate of
registration for the aircraft when requested by a United States
Government, State, or local law enforcement officer.
(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).
(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--
(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.
* * * * * * *
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.
* * * * * * *
CHAPTER 445--FACILITIES, PERSONNEL, AND RESEARCH
Sec.
* * * * * * *
[44510. Airway science curriculum grants.]
* * * * * * *
[44515. Advanced training facilities for maintenance technicians for air
carrier aircraft.]
Sec. 44501. Plans and policy
(a) Long Range Plans and Policy Requirements.--The
Administrator of the Federal Aviation Administration shall make
long range plans and policy for the orderly development and use
of the navigable airspace, and the orderly [development and
location of air navigation facilities] development of air
navigation facilities and services, that will best meet the
needs of, and serve the interests of, civil aeronautics and the
national defense, except for needs of the armed forces that are
peculiar to air warfare and primarily of military concern.
(b) Airway Capital Investment Plan.--The Administrator of the
Federal Aviation Administration shall review, revise, and
publish a national airways system plan, known as the Airway
Capital Investment Plan, before the beginning of each fiscal
year. The plan shall set forth--
(1) for a 10-year period, the research, engineering,
[and development] procurement, and development programs
and the [facilities and equipment] facilities,
services, and equipment that the Administrator
considers necessary for a system of airways, air
traffic services, and navigation aids that will--
(A) meet the forecasted needs of civil
aeronautics;
(B) meet the requirements that the Secretary
of Defense establishes for the support of the
national defense; and
(C) provide the highest degree of safety in
air commerce;
(2) for the [first and 2d years] first and second
years of the plan, detailed annual estimates of--
(A) the number, type, location, and cost of
acquiring, operating, and maintaining required
facilities and services;
(B) the cost of research, engineering, [and
development] procurement, and development
required to improve safety, system capacity,
and efficiency; and
(C) personnel levels required for the
activities described in [subclauses (A) and (B)
of this clause] subparagraphs (A) and (B);
(3) for [the 3d, 4th, and 5th] the third, fourth, and
fifth years of the plan, estimates of the total cost of
each major program for the 3-year period, and
additional major research programs, acquisition of
[systems and facilities] systems, services, and
facilities, and changes in personnel levels that may be
required to meet long range objectives and that may
have significant impact on future funding requirements;
(4) a 10-year investment plan that considers long
range objectives that the Administrator considers
necessary to--
(A) ensure that safety is given the highest
priority in providing for a safe and efficient
airway system; and
(B) meet the current and projected [growth of
aviation] growth of the aerospace industry and
the requirements of interstate commerce, the
United States Postal Service, and the national
defense; and
(5) a list of capital projects that are part of the
Next Generation Air Transportation System and funded by
amounts appropriated under section 48101(a).
(c) National Aviation Research Plan.--(1) The Administrator
of the Federal Aviation Administration shall prepare and
publish annually a national aviation research plan and submit
the plan to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of
the House of Representatives. The plan shall be submitted not
later than the date of submission of the President's budget to
Congress.
(2)(A) The plan shall describe, for a 5-year period, the
research, engineering, and development that the Administrator
of the Federal Aviation Administration considers necessary--
(i) to ensure the continued capacity, safety, and
efficiency of aviation in the United States,
considering emerging technologies and forecasted needs
of civil aeronautics; and
(ii) to provide the highest degree of safety in air
travel.
(B) The plan shall--
(i) provide estimates by year of the schedule, cost,
and work force levels for each active and planned major
research and development project under sections
[40119,] 44504, 44505, 44507, 44509, 44511-44513, and
44912 of this title, including activities carried out
under cooperative agreements with other Federal
departments and agencies;
(ii) specify the goals and the priorities for
allocation of resources among the major categories of
research and development activities, including the
rationale for the priorities identified;
(iii) identify the allocation of resources among
long-term research, near-term research, and development
activities;
(iv) identify the individual research and development
projects in each funding category that are described in
the annual budget request;
(v) highlight the research and development activities
that address specific recommendations of the research
advisory committee established under section 44508 of
this title, and document the recommendations of the
committee that are not accepted, specifying the reasons
for nonacceptance; and
(vi) highlight the research and development
technology transfer activities that promote technology
sharing among government, industry, and academia
through the Stevenson-Wydler Technology Innovation Act
of 1980.
(3) [Subject to section 40119(b) of this title and
regulations prescribed under section 40119(b),] Subject to
section 44912(d)(2) and regulations prescribed under such
section, the Administrator of the Federal Aviation
Administration shall submit to the committees named in
paragraph (1) of this subsection an annual report on the
accomplishments of the research completed during the prior
fiscal year, including a description of the dissemination to
the private sector of research results and a description of any
new technologies developed. The report shall be submitted with
the plan required under paragraph (1) and be organized to allow
comparison with the plan in effect for the prior fiscal year.
The report shall be prepared in accordance with requirements of
section 1116 of title 31.
Sec. 44502. General facilities and personnel authority
(a) General Authority.--(1) The Administrator of the Federal
Aviation Administration may--
(A) acquire, establish, improve, operate, and
maintain air navigation facilities; and
(B) provide facilities and personnel to regulate and
protect air traffic.
(2) The cost of site preparation work associated with
acquiring, establishing, or improving an air navigation
facility under paragraph (1)(A) of this subsection shall be
charged to amounts available for that purpose appropriated
under section 48101(a) of this title. The Secretary of
Transportation may make an agreement with an airport owner or
sponsor (as defined in section 47102 of this title) so that the
owner or sponsor will provide the work and be paid or
reimbursed by the Secretary from the appropriated amounts.
(3) The Secretary of Transportation may authorize a
department, agency, or instrumentality of the United States
Government to carry out any duty or power under this subsection
with the consent of the head of the department, agency, or
instrumentality.
(4) Purchase of instrument landing system.--
(A) Establishment of program.--The Secretary shall
purchase precision approach instrument landing system
equipment for installation at airports on an expedited
basis.
(B) Authorization.--No less than $30,000,000 of the
amounts appropriated under section 48101(a) for each of
fiscal years 2000 through 2002 shall be used for the
purpose of carrying out this paragraph, including
acquisition under new or existing contracts, site
preparation work, installation, and related
expenditures.
(5) Improvements on leased properties.--The Administrator may
make improvements to real property leased for no or nominal
consideration for an air navigation facility, regardless of
whether the cost of making the improvements exceeds the cost of
leasing the real property, if--
(A) the improvements primarily benefit the
Government;
(B) the improvements are essential for accomplishment
of the mission of the Federal Aviation Administration;
and
(C) the interest of the United States Government in
the improvements is protected.
(b) Certification of Necessity.--Except for Government money
expended under this part or for a military purpose, Government
money may be expended to acquire, establish, construct,
operate, repair, alter, or maintain an air navigation facility
only if the Administrator of the Federal Aviation
Administration certifies in writing that the facility is
reasonably necessary for use in air commerce or for the
national defense. An interested person may apply for a
certificate for a facility to be acquired, established,
constructed, operated, repaired, altered, or maintained by or
for the person.
(c) Ensuring Conformity With Plans and Policies.--(1) To
ensure conformity with plans and policies for, and allocation
of, airspace by the Administrator of the Federal Aviation
Administration under section 40103(b)(1) of this title, a
military airport, military landing area, or missile or rocket
site may be acquired, established, or constructed, or a runway
may be altered substantially, only if the Administrator of the
Federal Aviation Administration is given reasonable prior
notice so that the Administrator of the Federal Aviation
Administration may advise the appropriate committees of
Congress and interested departments, agencies, and
instrumentalities of the Government on the effect of the
acquisition, establishment, construction, or alteration on the
use of airspace by aircraft. A disagreement between the
Administrator of the Federal Aviation Administration and the
Secretary of Defense or the Administrator of the National
Aeronautics and Space Administration may be appealed to the
President for a final decision.
(2) To ensure conformity, an airport or landing area not
involving the expenditure of Government money may be
established or constructed, or a runway may be altered
substantially, only if the Administrator of the Federal
Aviation Administration is given reasonable prior notice so
that the Administrator may provide advice on the effects of the
establishment, construction, or alteration on the use of
airspace by aircraft.
(d) Public Use and Emergency Assistance.--(1) The head of a
department, agency, or instrumentality of the Government having
jurisdiction over an air navigation facility owned or operated
by the Government may provide, under regulations the head of
the department, agency, or instrumentality prescribes, for
public use of the facility.
(2) The head of a department, agency, or instrumentality of
the Government having jurisdiction over an airport or emergency
landing field owned or operated by the Government may provide,
under regulations the head of the department, agency, or
instrumentality prescribes, for assistance, and the sale of
fuel, oil, equipment, and supplies, to an aircraft, but only
when necessary, because of an emergency, to allow the aircraft
to continue to the nearest airport operated by private
enterprise. The head of the department, agency, or
instrumentality shall provide for the assistance and sale at
the prevailing local fair market value as determined by the
head of the department, agency, or instrumentality. An amount
that the head decides is equal to the cost of the assistance
provided and the fuel, oil, equipment, and supplies sold shall
be credited to the appropriation from which the cost was paid.
The balance shall be credited to miscellaneous receipts.
(e) Transfers of Air Traffic Systems.--
(1) In general.--An airport in a noncontiguous State
may transfer, without consideration, to the
Administrator of the Federal Aviation Administration,
an eligible air traffic system or equipment that
conforms to performance specifications of the
Administrator if a Government airport aid program,
airport development aid program, or airport improvement
project grant was used to assist in purchasing the
system or equipment.
(2) Acceptance.--The Administrator shall accept the
eligible air traffic system or equipment and operate
and maintain it under criteria of the Administrator.
(3) Definition.--In this subsection, the term
``eligible air traffic system or equipment'' means--
(A) an instrument landing system consisting
of a glide slope and localizer (if the
Administrator has determined that a satellite
navigation system cannot provide a suitable
approach to an airport);
(B) an Automated Weather Observing System
weather observation system; [or]
(C) a Remote Communication Air/Ground and
Remote Communication Outlet communications
facility[.]; or
(D) a Medium Intensity Approach Lighting
System with Runway Alignment Indicator Lights.
(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.
(f) Airport Space.--
(1) Restriction.--The Administrator may not require
an airport owner or sponsor (as defined in section
47102) to provide to the Federal Aviation
Administration without cost any of the following:
(A) Building construction, maintenance,
utilities, or expenses for services relating to
air traffic control, air navigation, or weather
reporting.
(B) Space in a facility owned by the airport
owner or sponsor for services relating to air
traffic control, air navigation, or weather
reporting.
(2) Rule of construction.--Nothing in this subsection
may be construed to affect--
(A) any agreement the Secretary may have or
make with an airport owner or sponsor for the
airport owner or sponsor to provide any of the
items described in paragraph (1)(A) or (1)(B)
at below-market rates; or
(B) any grant assurance that requires an
airport owner or sponsor to provide land to the
Administration without cost for an air traffic
control facility.
* * * * * * *
Sec. 44505. Systems, procedures, facilities, and devices
(a) General Requirements.--(1) The Administrator of the
Federal Aviation Administration shall--
(A) [develop, alter] develop when necessary, alter,
test, and evaluate systems, procedures, facilities,
[and devices] services, and devices, and define their
performance characteristics, to meet the needs for safe
and efficient navigation and traffic control of civil
and military aviation, except for needs of the armed
forces that are peculiar to air warfare and primarily
of military concern; and
(B) select systems, procedures, facilities, [and
devices] services, and devices that will best serve
those needs and promote maximum coordination of air
traffic control and air defense systems.
(2) The Administrator may make contracts to carry out this
subsection without regard to section 3324(a) and (b) of title
31.
(3) When a substantial question exists under paragraph (1) of
this subsection about whether a matter is of primary concern to
the armed forces, the Administrator shall decide whether the
Administrator or the Secretary of the appropriate military
department has responsibility. The Administrator shall be given
technical information related to each research and development
project of the armed forces that potentially applies to, or
potentially conflicts with, the common system to ensure that
potential application to the common system is considered
properly and that potential conflicts with the system are
eliminated.
(b) Research on Human Factors and Simulation Models.--The
Administrator shall conduct or supervise research--
(1) to develop a better understanding of the
relationship between human factors and aviation
accidents and between human factors and air safety;
(2) to enhance air traffic controller, mechanic, and
flight crew performance;
(3) to develop a human-factor analysis of the hazards
associated with new technologies to be used by air
traffic controllers, mechanics, and flight crews;
(4) to identify innovative and effective corrective
measures for human errors that adversely affect air
safety;
(5) to [develop dynamic simulation models] develop or
procure dynamic simulation models and tools of the air
traffic control system and airport design and operating
procedures that will provide analytical technology--
(A) to predict airport and air traffic
control safety and capacity problems;
(B) to evaluate planned research projects;
and
(C) to test proposed revisions in airport and
air traffic control operations programs;
(6) to develop a better understanding of the
relationship between human factors and unmanned
aircraft system safety; and
(7) to [develop dynamic simulation models] develop or
procure dynamic simulation models and tools for
integrating all classes of unmanned aircraft systems
into the national airspace system without any
degradation of existing levels of safety for all
national airspace system users.
(c) Research on Developing and Maintaining a Safe and
Efficient System.--The Administrator shall conduct or supervise
research on--
(1) airspace and airport planning and design;
(2) airport capacity enhancement techniques;
(3) human performance in the air transportation
environment;
(4) aviation safety and security;
(5) the supply of trained air transportation
personnel, including pilots and mechanics; and
(6) other aviation issues related to developing and
maintaining a safe and efficient air transportation
system.
(d) Research on Design for Certification.--
(1) Research.--Not later than 1 year after the date
of enactment of the FAA Modernization and Reform Act of
2012, the Administrator shall conduct research on
methods and procedures to improve both confidence in
and the timeliness of certification of new technologies
for their introduction into the national airspace
system.
(2) Research plan.--Not later than 6 months after the
date of enactment of the FAA Modernization and Reform
Act of 2012, the Administrator shall develop a plan for
the research under paragraph (1) that contains
objectives, proposed tasks, milestones, and a 5-year
budgetary profile.
(3) Review.--The Administrator shall enter into an
arrangement with the National Research Council to
conduct an independent review of the plan developed
under paragraph (2) and shall provide the results of
that review to the Committee on Science, Space, and
Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate not later than 18 months after the date of
enactment of the FAA Modernization and Reform Act of
2012.
(e) Cooperative Agreements.--The Administrator may enter into
cooperative agreements on a cost-shared basis with Federal and
non-Federal entities that the Administrator may select in order
to conduct, encourage, and promote aviation research,
engineering, and development, including the development of
prototypes and demonstration models.
Sec. 44506. Air traffic controllers
(a) Research on Effect of Automation on Performance.--To
develop the means necessary to establish appropriate selection
criteria and training methodologies for the next generation of
air traffic controllers, the Administrator of the Federal
Aviation Administration shall conduct research to study the
effect of automation on the performance of the next generation
of air traffic controllers and the air traffic control system.
The research shall include investigating--
(1) methods for improving and accelerating future air
traffic controller training through the application of
advanced training techniques, including the use of
simulation technology;
(2) the role of automation in the air traffic control
system and its physical and psychological effects on
air traffic controllers;
(3) the attributes and aptitudes needed to function
well in a highly automated air traffic control system
and the development of appropriate testing methods for
identifying individuals with those attributes and
aptitudes;
(4) innovative methods for training potential air
traffic controllers to enhance the benefits of
automation and maximize the effectiveness of the air
traffic control system; and
(5) new technologies and procedures for exploiting
automated communication systems, including Mode S
Transponders, to improve information transfers between
air traffic controllers and aircraft pilots.
(b) Research on Human Factor Aspects of Automation.--The
Administrators of the Federal Aviation Administration and
National Aeronautics and Space Administration may make an
agreement for the use of the National Aeronautics and Space
Administration's unique human factor facilities and expertise
in conducting research activities to study the human factor
aspects of the highly automated environment for the next
generation of air traffic controllers. The research activities
shall include investigating--
(1) human perceptual capabilities and the effect of
computer-aided decision making on the workload and
performance of air traffic controllers;
(2) information management techniques for advanced
air traffic control display systems; and
(3) air traffic controller workload and performance
measures, including the development of predictive
models.
(c) Collegiate Training Initiative.--(1) The Administrator of
the Federal Aviation Administration may maintain the Collegiate
Training Initiative program by making new agreements and
continuing existing agreements with institutions of higher
education (as defined by the Administrator) under which the
institutions prepare students for the position of air traffic
controller with the Department of Transportation (as defined in
section 2109 of title 5). The Administrator may establish
standards for the entry of institutions into the program and
for their continued participation.
(2)(A) The Administrator of the Federal Aviation
Administration may appoint an individual who has successfully
completed a course of training in a program described in
paragraph (1) of this subsection to the position of air traffic
controller noncompetitively in the excepted service (as defined
in section 2103 of title 5). An individual appointed under this
paragraph serves at the pleasure of the Administrator, subject
to section 7511 of title 5. However, an appointment under this
paragraph may be converted from one in the excepted service to
a career conditional or career appointment in the competitive
civil service (as defined in section 2102 of title 5) when the
individual achieves full performance level air traffic
controller status, as decided by the Administrator.
(B) The authority under subparagraph (A) of this paragraph to
make appointments in the excepted service expires on October 6,
1997, except that the Administrator of the Federal Aviation
Administration may extend the authority for one or more
successive one-year periods.
(d) Air Traffic Control Specialist Qualification Training.--
(1) Appointment of air traffic control specialists.--
The Administrator is authorized to appoint a qualified
air traffic control specialist candidate for placement
in an airport traffic control facility if the candidate
has--
(A) received a control tower operator
certification (referred to in this subsection
as a ``CTO'' certificate); and
(B) satisfied all other applicable
qualification requirements for an air traffic
control specialist position, including
successful completion of orientation training
at the Federal Aviation Administration Academy.
(2) Compensation and benefits.--An individual
appointed under paragraph (1) shall receive the same
compensation and benefits, and be treated in the same
manner as, any other individual appointed as a
developmental air traffic controller.
(3) Report.--Not later than 2 years after the date of
enactment of the FAA Modernization and Reform Act of
2012, the Administrator shall submit to Congress a
report that evaluates the effectiveness of the air
traffic control specialist qualification training
provided pursuant to this section, including the
graduation rates of candidates who received a CTO
certificate and are working in airport traffic control
facilities.
(4) Additional appointments.--If the Administrator
determines that air traffic control specialists
appointed pursuant to this subsection are more
successful in carrying out the duties of an air traffic
controller than air traffic control specialists hired
from the general public without any such certification,
the Administrator shall increase, to the maximum extent
practicable, the number of appointments of candidates
who possess such certification.
(5) Reimbursement for travel expenses associated with
certifications.--
(A) In general.--Subject to subparagraph (B),
the Administrator may accept reimbursement from
an educational entity that provides training to
an air traffic control specialist candidate to
cover reasonable travel expenses of the
Administrator associated with issuing
certifications to such candidates.
(B) Treatment of reimbursements.--
Notwithstanding section 3302 of title 31, any
reimbursement authorized to be collected under
subparagraph (A) shall--
(i) be credited as offsetting
collections to the account that
finances the activities and services
for which the reimbursement is
accepted;
(ii) be available for expenditure
only to pay the costs of activities and
services for which the reimbursement is
accepted, including all costs
associated with collecting such
reimbursement; and
(iii) remain available until
expended.
(e) Staffing Report.--The [Administrator of the Federal
Aviation Administration] Chief Operating Officer of the Air
Traffic Organization of the Federal Aviation Administration
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 a report containing--
(1) the staffing standards used to determine the
number of air traffic controllers needed to operate the
air traffic control system of the United States;
(2) a 3-year projection of the number of controllers
needed to be employed to operate the system to meet the
standards; and
(3) a detailed plan for employing the controllers,
including projected budget requests.
(f) Hiring of Certain Air Traffic Control Specialists.--
(1) Consideration of applicants.--
(A) Ensuring selection of most qualified
applicants.--In appointing individuals to the
position of air traffic controller, the
Administrator shall give preferential
consideration to qualified individuals
maintaining 52 consecutive weeks of air traffic
control experience involving the full-time
active separation of air traffic after receipt
of an air traffic certification or air traffic
control facility rating within 5 years of
application while serving at--
(i) a Federal Aviation Administration
air traffic control facility;
(ii) a civilian or military air
traffic control facility of the
Department of Defense (including a
facility of the National Guard); or
(iii) a tower operating under
contract with the Federal Aviation
Administration under section 47124.
(B) Consideration of additional applicants.--
(i) In general.--After giving
preferential consideration to
applicants under subparagraph (A), the
Administrator shall consider additional
applicants for the position of air
traffic controller by giving further
preferential consideration, within each
qualification category based upon pre-
employment testing results (including
application of veterans' preference as
required under section 40122(g)(2)(B)),
to pool 1 applicants described in
clause (ii) before pool 2 applicants
described in clause (iii).
(ii) Pool 1.--Pool 1 applicants are
individuals who--
(I) have successfully
completed air traffic
controller training and
graduated from an institution
participating in the Collegiate
Training Initiative program
maintained under subsection
(c)(1) and who have received
from the institution--
(aa) an appropriate
recommendation; or
(bb) an endorsement
certifying that the
individual would have
met the requirements in
effect as of December
31, 2013, for an
appropriate
recommendation;
(II) are eligible for a
veterans recruitment
appointment pursuant to section
4214 of title 38 and provide a
Certificate of Release or
Discharge from Active Duty
within 120 days of the
announcement closing;
(III) are eligible veterans
(as defined in section 4211 of
title 38) maintaining aviation
experience obtained in the
course of the individual's
military experience; or
(IV) are preference eligible
veterans (as defined in section
2108 of title 5).
(iii) Pool 2.--Pool 2 applicants are
individuals who apply under a vacancy
announcement recruiting from all United
States citizens.
(C) Special rule.--
(i) In general.--Notwithstanding
subparagraph (B), after giving
preferential consideration to
applicants under subparagraph (A) and
if, after consulting with the labor
organization recognized as the
exclusive representative of air traffic
controllers under section 7111 of title
5, the Administrator determines there
are unique circumstances affecting a
covered facility that warrant a vacancy
announcement with a limited area of
consideration, the Administrator may
consider applicants for the position of
air traffic controller who apply under
a vacancy announcement recruiting from
the local commuting area for that
covered facility.
(ii) Biographical assessments.--The
Administrator shall not use any
biographical assessment with respect to
an applicant under this subparagraph
who would otherwise qualify as a Pool 1
applicant under subparagraph (B)(ii).
(iii) Covered facility defined.--In
this subparagraph the term ``covered
facility'' means a radar facility with
at least 1,000,000 operations annually
that is located in a metropolitan
statistical area (as defined by the
Office of Management and Budget) with a
population estimate by the Bureau of
the Census of more than 15,000,000 (as
of July 1, 2016).
(2) Use of biographical assessments.--
(A) Biographical assessments.--The
Administrator shall not use any biographical
assessment when hiring under paragraph (1)(A)
or [paragraph (1)(B)(ii)] paragraph (1)(B).
(B) Reconsideration of applicants
disqualified on basis of biographical
assessments.--
(i) In general.--If an individual
described in paragraph (1)(A) or
paragraph (1)(B)(ii), who applied for
the position of air traffic controller
with the Administration in response to
Vacancy Announcement FAA-AMC-14-
ALLSRCE-33537 (issued on February 10,
2014), was disqualified from the
position as the result of a
biographical assessment, the
Administrator shall provide the
applicant an opportunity to reapply for
the position as soon as practicable
under the revised hiring practices.
(ii) Waiver of age restriction.--The
Administrator shall waive any maximum
age restriction for the position of air
traffic controller with the
Administration that would otherwise
disqualify an individual from the
position if the individual--
(I) is reapplying for the
position pursuant to clause (i)
on or before December 31, 2017;
and
(II) met the maximum age
requirement on the date of the
individual's previous
application for the position
during the interim hiring
process.
(3) Maximum entry age for experienced controllers.--
Notwithstanding section 3307 of title 5, except for
individuals covered by the program described in
paragraph (4), the maximum limit of age for an original
appointment to a position as an air traffic controller
shall be 35 years of age for those maintaining 52 weeks
of air traffic control experience involving the full-
time active separation of air traffic after receipt of
an air traffic certification or air traffic control
facility rating in a civilian or military air traffic
control facility.
(4) Retired military controllers.--The Administrator
may establish a program to provide an original
appointment to a position as an air traffic controller
for individuals who--
(A) are on terminal leave pending retirement
from active duty military service or have
retired from active duty military service
within 5 years of applying for the appointment;
and
(B) have held either an air traffic
certification or air traffic control facility
rating according to Administration standards
within 5 years of applying for the appointment.
Sec. 44507. Regions and centers
[(a) Civil Aeromedical Institute.--The Civil Aeromedical
Institute established] The Civil Aeromedical Institute
established by section 106(j) of this title may--
(1) conduct civil aeromedical research, including
research related to--
(A) the protection and survival of aircraft
occupants;
(B) medical accident investigation and airman
medical certification;
(C) toxicology and the effects of drugs on
human performance;
(D) the impact of disease and disability on
human performance;
(E) vision and its relationship to human
performance and equipment design;
(F) human factors of flight crews, air
traffic controllers, mechanics, inspectors,
airway facility technicians, and other
individuals involved in operating and
maintaining aircraft and air traffic control
equipment; and
(G) agency work force optimization, including
training, equipment design, reduction of
errors, and identification of candidate tasks
for automation;
(2) make comments to the Administrator of the Federal
Aviation Administration on human factors aspects of
proposed air safety regulations;
(3) make comments to the Administrator on human
factors aspects of proposed training programs,
equipment requirements, standards, and procedures for
aviation personnel;
(4) advise, assist, and represent the Federal
Aviation Administration in the human factors aspects of
joint projects between the Administration and the
National Aeronautics and Space Administration, other
departments, agencies, and instrumentalities of the
United States Government, industry, and governments of
foreign countries; and
(5) provide medical consultation services to the
Administrator about medical certification of airmen.
[(b) William J. Hughes Technical Center.--The Secretary of
Transportation shall define the roles and responsibilities of
the William J. Hughes Technical Center in a manner that is
consistent with the defined roles and responsibilities of the
Civil Aeromedical Institute under subsection (a).]
Sec. 44508. Research advisory committee
(a) Establishment and Duties.--(1) There is a research
advisory committee in the Federal Aviation Administration. The
committee shall--
(A) provide advice and recommendations to the
Administrator of the Federal Aviation Administration
and Congress about needs, objectives, plans,
approaches, content, and accomplishments of all
aviation research and development activities and
programs carried out, including those under sections
[40119,] 44504, 44505, 44507, 44511-44513, and 44912 of
this title;
(B) assist in ensuring that the research is
coordinated with similar research being conducted
outside the Administration;
(C) review the operations of the regional centers of
air transportation excellence established under section
44513 of this title; and
(D) annually review the allocation made by the
Administrator of the amounts authorized by section
48102(a) of this title among the major categories of
research and development activities carried out by the
Administration and provide advice and recommendations
to the Administrator on whether such allocation is
appropriate to meet the needs and objectives identified
under subparagraph (A).
(2) The Administrator may establish subordinate committees to
provide advice on specific areas of research conducted under
sections [40119,] 44504, 44505, 44507, 44511-44513, and 44912
of this title.
(b) Members, Chairman, Pay, and Expenses.--(1) The committee
is composed of not more than 30 members appointed by the
Administrator from among individuals who are not employees of
the Administration and who are specially qualified to serve on
the committee because of their education, training, or
experience. In appointing members of the committee, the
Administrator shall ensure that the regional centers of air
transportation excellence, universities, corporations,
associations, consumers, and other departments, agencies, and
instrumentalities of the United States Government are
represented.
(2) The Administrator shall designate the chairman of the
committee.
(3) A member of the committee serves without pay. However,
the Administrator may allow a member, when attending meetings
of the committee or a subordinate committee, expenses as
authorized under section 5703 of title 5.
(c) Support Staff, Information, and Services.--The
Administrator shall provide support staff for the committee. On
request of the committee, the Administrator shall provide
information, administrative services, and supplies that the
Administrator considers necessary for the committee to carry
out its duties and powers.
(d) Nonapplication.--Section 1013 of title 5 does not apply
to the committee.
(e) Use and Limitation of Amounts.--(1) Not more than .1
percent of the amounts made available to conduct research under
sections [40119,] 44504, 44505, 44507, 44511-44513, and 44912
of this title may be used by the Administrator to carry out
this section.
(2) A limitation on amounts available for obligation by or
for the committee does not apply to amounts made available to
carry out this section.
(f) Written Reply.--
(1) In general.--Not later than 60 days after
receiving any recommendation from the research advisory
committee, the Administrator shall provide a written
reply to the research advisory committee that, at a
minimum--
(A) clearly states whether the Administrator
accepts or rejects the recommendation;
(B) explains the rationale for the
Administrator's decision;
(C) sets forth the timeframe in which the
Administrator will implement the
recommendation; and
(D) describes the steps the Administrator
will take to implement the recommendation.
(2) Transparency.--The written reply to the research
advisory committee, when transmitted to the research
advisory committee, shall be--
(A) made publicly available on the research
advisory committee website; and
(B) transmitted to the Committee on Science,
Space, and Technology of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(3) National aviation research plan.--The national
aviation research plan required under section 44501(c)
shall include a summary of all research advisory
committee recommendations and a description of the
status of their implementation.
* * * * * * *
[Sec. 44510. Airway science curriculum grants
[(a) General Authority.--The Administrator of the Federal
Aviation Administration may make competitive grant agreements
with institutions of higher education having airway science
curricula for the United States Government's share of the
allowable direct costs of the following categories of items to
the extent that the items are in support of airway science
curricula:
[(1) the construction, purchase, or lease with an
option to purchase, of buildings and associated
facilities.
[(2) instructional material and equipment.
[(b) Cost Guidelines.--The Administrator shall establish
guidelines to determine the direct costs allowable under a
grant to be made under this section. The Government's share of
the allowable cost of a project assisted by a grant under this
section may not be more than 65 percent.]
* * * * * * *
[Sec. 44515. Advanced training facilities for maintenance technicians
for air carrier aircraft
[(a) General Authority.--The Administrator of the Federal
Aviation Administration may make grants to not more than 4
vocational technical educational institutions to acquire or
construct facilities to be used for the advanced training of
maintenance technicians for air carrier aircraft.
[(b) Eligibility.--The Administrator may make a grant under
this section to a vocational technical educational institution
only if the institution has a training curriculum that prepares
aircraft maintenance technicians who hold airframe and power
plant certificates under subpart D of part 65 of title 14, Code
of Federal Regulations, to maintain, without direct
supervision, air carrier aircraft.
[(c) Limitation.--A vocational technical educational
institution may not receive more than a total of $5,000,000 in
grants under this section.]
* * * * * * *
CHAPTER 447--SAFETY REGULATION
Sec.
* * * * * * *
[44733. Inspection of repair stations located outside the United
States.]
44733. Oversight of repair stations located outside the United States.
* * * * * * *
44745. Don Young Alaska Aviation Safety Initiative.
44746. Cockpit recording device.
44747. Aircraft dispatching.
Sec. 44701. General requirements
(a) Promoting Safety.--The Administrator of the Federal
Aviation Administration shall promote safe flight of civil
aircraft in air commerce by prescribing--
(1) minimum standards required in the interest of
safety for appliances and for the design, material,
construction, quality of work, cybersecurity, and
performance of aircraft, aircraft engines, and
propellers;
(2) regulations and minimum standards in the interest
of safety for--
(A) inspecting, servicing, and overhauling
aircraft, aircraft engines, propellers, and
appliances;
(B) equipment and facilities for, and the
timing and manner of, the inspecting,
servicing, and overhauling; and
(C) a qualified private person, instead of an
officer or employee of the Administration, to
examine and report on the inspecting,
servicing, and overhauling;
(3) regulations required in the interest of safety
for the reserve supply of aircraft, aircraft engines,
propellers, appliances, and aircraft fuel and oil,
including the reserve supply of fuel and oil carried in
flight;
(4) regulations in the interest of safety for the
maximum hours or periods of service of airmen and other
employees of air carriers; and
(5) regulations and minimum standards for
cybersecurity and other practices, methods, and
[procedure] procedures the Administrator finds
necessary for safety in air commerce and national
security.
(b) Prescribing Minimum Safety Standards.--The Administrator
may prescribe minimum safety standards for--
(1) an air carrier to whom a certificate is issued
under section 44705 of this title; and
(2) operating an airport serving any passenger
operation of air carrier aircraft designed for at least
31 passenger seats.
(c) Reducing and Eliminating Accidents.--The Administrator
shall carry out this chapter in a way that best tends to reduce
or eliminate the possibility or recurrence of accidents in air
transportation. However, the Administrator is not required to
give preference either to air transportation or to other air
commerce in carrying out this chapter.
(d) Considerations and Classification of Regulations and
Standards.--When prescribing a regulation or standard under
subsection (a) or (b) of this section or any of sections 44702-
44716 of this title, the Administrator shall--
(1) consider--
(A) the duty of an air carrier to provide
service with the highest possible degree of
safety in the public interest; and
(B) differences between air transportation
and other air commerce; and
(2) classify a regulation or standard appropriate to
the differences between air transportation and other
air commerce.
(e) Bilateral Exchanges of Safety Oversight
Responsibilities.--
(1) In general.--Notwithstanding the provisions of
this chapter, the Administrator, pursuant to Article 83
bis of the Convention on International Civil Aviation
and by a bilateral agreement with the aeronautical
authorities of another country, may exchange with that
country all or part of their respective functions and
duties with respect to registered aircraft under the
following articles of the Convention: Article 12 (Rules
of the Air); Article 31 (Certificates of
Airworthiness); or Article 32a (Licenses of Personnel).
(2) Relinquishment and acceptance of
responsibility.--The Administrator relinquishes
responsibility with respect to the functions and duties
transferred by the Administrator as specified in the
bilateral agreement, under the Articles listed in
paragraph (1) for United States-registered aircraft
described in paragraph (4)(A) transferred abroad and
accepts responsibility with respect to the functions
and duties under those Articles for aircraft registered
abroad and described in paragraph (4)(B) that are
transferred to the United States.
(3) Conditions.--The Administrator may predicate, in
the agreement, the transfer of functions and duties
under this subsection on any conditions the
Administrator deems necessary and prudent, except that
the Administrator may not transfer responsibilities for
United States registered aircraft described in
paragraph (4)(A) to a country that the Administrator
determines is not in compliance with its obligations
under international law for the safety oversight of
civil aviation.
(4) Registered aircraft defined.--In this subsection,
the term ``registered aircraft'' means--
(A) aircraft registered in the United States
and operated pursuant to an agreement for the
lease, charter, or interchange of the aircraft
or any similar arrangement by an operator that
has its principal place of business or, if it
has no such place of business, its permanent
residence in another country; and
(B) aircraft registered in a foreign country
and operated under an agreement for the lease,
charter, or interchange of the aircraft or any
similar arrangement by an operator that has its
principal place of business or, if it has no
such place of business, its permanent residence
in the United States.
(5) Foreign airworthiness directives.--
(A) Acceptance.--Subject to subparagraph (D),
the Administrator may accept an airworthiness
directive, as defined in section 39.3 of title
14, Code of Federal Regulations, issued by an
aeronautical safety authority of a foreign
country, and leverage that authority's
regulatory process, if--
(i) the country is the state of
design for the product that is the
subject of the airworthiness directive;
(ii) the United States has a
bilateral safety agreement relating to
aircraft certification with the
country;
(iii) as part of the bilateral safety
agreement with the country, the
Administrator has determined that such
aeronautical safety authority has an
aircraft certification system relating
to safety that produces a level of
safety equivalent to the level produced
by the system of the Federal Aviation
Administration;
(iv) the aeronautical safety
authority of the country utilizes an
open and transparent notice and comment
process in the issuance of
airworthiness directives; and
(v) the airworthiness directive is
necessary to provide for the safe
operation of the aircraft subject to
the directive.
(B) Alternative approval process.--
Notwithstanding subparagraph (A), the
Administrator may issue a Federal Aviation
Administration airworthiness directive instead
of accepting an airworthiness directive
otherwise eligible for acceptance under such
subparagraph, if the Administrator determines
that such issuance is necessary for safety or
operational reasons due to the complexity or
unique features of the Federal Aviation
Administration airworthiness directive or the
United States aviation system.
(C) Alternative means of compliance.--The
Administrator may--
(i) accept an alternative means of
compliance, with respect to an
airworthiness directive accepted under
subparagraph (A), that was approved by
the aeronautical safety authority of
the foreign country that issued the
airworthiness directive; or
(ii) notwithstanding subparagraph
(A), and at the request of any person
affected by an airworthiness directive
accepted under such subparagraph,
approve an alternative means of
compliance with respect to the
airworthiness directive.
(D) Limitation.--The Administrator may not
accept an airworthiness directive issued by an
aeronautical safety authority of a foreign
country if the airworthiness directive
addresses matters other than those involving
the safe operation of an aircraft.
(f) Exemptions.--The Administrator may grant an exemption
from a requirement of a regulation prescribed under subsection
(a) or (b) of this section or any of sections 44702-44716 of
this title if the Administrator finds the exemption is in the
public interest.
(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.
(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. 44703. Airman certificates
(a) General.--The Administrator of the Federal Aviation
Administration shall issue an airman certificate to an
individual when the Administrator finds, after investigation,
that the individual is qualified for, and physically able to
perform the duties related to, the position to be authorized by
the certificate.
(b) Contents.--(1) An airman certificate shall--
(A) be numbered and recorded by the Administrator of
the Federal Aviation Administration;
(B) contain the name, address, and description of the
individual to whom the certificate is issued;
(C) contain terms the Administrator decides are
necessary to ensure safety in air commerce, including
terms on the duration of the certificate, periodic or
special examinations, and tests of physical fitness;
(D) specify the capacity in which the holder of the
certificate may serve as an airman with respect to an
aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in scheduled air
transportation shall have the designation ``airline transport
pilot'' of the appropriate class.
(c) Public Information.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, the
information contained in the records of contents of any
airman certificate issued under this section that is
limited to an airman's name, address, and ratings held
shall be made available to the public after the 120th
day following the date of the enactment of the Wendell
H. Ford Aviation Investment and Reform Act for the 21st
Century.
(2) Opportunity to withhold information.--Before
making any information concerning an airman available
to the public under paragraph (1), the airman shall be
given an opportunity to elect that the information not
be made available to the public.
(3) Development and implementation of program.--Not
later than 60 days after the date of the enactment of
the Wendell H. Ford Aviation Investment and Reform Act
for the 21st Century, the Administrator shall develop
and implement, in cooperation with representatives of
the aviation industry, a one-time written notification
to airmen to set forth the implications of making
information concerning an airman available to the
public under paragraph (1) and to carry out paragraph
(2). The Administrator shall also provide such written
notification to each individual who becomes an airman
after such date of enactment.
(d) Appeals.--(1) An individual whose application for the
issuance or renewal of an airman certificate has been denied
may appeal the denial to the National Transportation Safety
Board, except if the individual holds a certificate that--
(A) is suspended at the time of denial; or
(B) was revoked within one year from the date of the
denial.
(2) The Board shall conduct a hearing on the appeal at a
place convenient to the place of residence or employment of the
applicant. The Board is not bound by findings of fact of the
Administrator of the Federal Aviation Administration. At the
end of the hearing, the Board shall decide whether the
individual meets the applicable regulations and standards. The
Administrator is bound by that decision.
(3) A person who is substantially affected by an order of the
Board under this subsection, or the Administrator if the
Administrator decides that an order of the Board will have a
significant adverse impact on carrying out this subtitle, may
seek judicial review of the order under section 46110. The
Administrator shall be made a party to the judicial review
proceedings. The findings of fact of the Board in any such case
are conclusive if supported by substantial evidence.
(e) Restrictions and Prohibitions.--The Administrator of the
Federal Aviation Administration may--
(1) restrict or prohibit issuing an airman
certificate to an alien; or
(2) make issuing the certificate to an alien
dependent on a reciprocal agreement with the government
of a foreign country.
(f) Controlled Substance Violations.--The Administrator of
the Federal Aviation Administration may not issue an airman
certificate to an individual whose certificate is revoked under
section 44710 of this title except--
(1) when the Administrator decides that issuing the
certificate will facilitate law enforcement efforts;
and
(2) as provided in section 44710(e)(2) of this title.
(g) Modifications in System.--(1) The Administrator of the
Federal Aviation Administration shall make modifications in the
system for issuing airman certificates necessary to make the
system more effective in serving the needs of airmen and
officials responsible for enforcing laws related to the
regulation of controlled substances (as defined in section 102
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802)) and related to combating acts of
terrorism. The modifications shall ensure positive and
verifiable identification of each individual applying for or
holding a certificate and shall address at least each of the
following deficiencies in, and abuses of, the existing system:
(A) the use of fictitious names and addresses by
applicants for those certificates.
(B) the use of stolen or fraudulent identification in
applying for those certificates.
(C) the use by an applicant of a post office box or
``mail drop'' as a return address to evade
identification of the applicant's address.
(D) the use of counterfeit and stolen airman
certificates by pilots.
(E) the absence of information about physical
characteristics of holders of those certificates.
(2) The Administrator of the Federal Aviation Administration
shall prescribe regulations to carry out paragraph (1) of this
subsection and provide a written explanation of how the
regulations address each of the deficiencies and abuses
described in paragraph (1). In prescribing the regulations, the
Administrator of the Federal Aviation Administration shall
consult with the Administrator of Drug Enforcement, the
Commissioner of U.S. Customs and Border Protection, other law
enforcement officials of the United States Government,
representatives of State and local law enforcement officials,
representatives of the general aviation aircraft industry,
representatives of users of general aviation aircraft, and
other interested persons.
(3) For purposes of this section, the term ``acts of
terrorism'' means an activity that involves a violent act or an
act dangerous to human life that is a violation of the criminal
laws of the United States or of any State, or that would be a
criminal violation if committed within the jurisdiction of the
United States or of any State, and appears to be intended to
intimidate or coerce a civilian population to influence the
policy of a government by intimidation or coercion or to affect
the conduct of a government by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with
State and local authorities, and other Federal agencies, to
assist in the identification of individuals applying for or
holding airmen certificates.
(h) Records of Employment of Pilot Applicants.--
(1) In general.--Subject to paragraph (14), before
allowing an individual to begin service as a pilot, an
air carrier shall request and receive the following
information:
(A) FAA records.--From the Administrator of
the Federal Aviation Administration, records
pertaining to the individual that are
maintained by the Administrator concerning--
(i) current airman certificates
(including airman medical certificates)
and associated type ratings, including
any limitations to those certificates
and ratings; and
(ii) summaries of legal enforcement
actions resulting in a finding by the
Administrator of a violation of this
title or a regulation prescribed or
order issued under this title that was
not subsequently overturned.
(B) Air carrier and other records.--From any
air carrier or other person (except a branch of
the United States Armed Forces, the National
Guard, or a reserve component of the United
States Armed Forces) that has employed the
individual as a pilot of a civil or public
aircraft at any time during the 5-year period
preceding the date of the employment
application of the individual, or from the
trustee in bankruptcy for such air carrier or
person--
(i) records pertaining to the
individual that are maintained by an
air carrier (other than records
relating to flight time, duty time, or
rest time) under regulations set forth
in--
(I) section 121.683 of title
14, Code of Federal
Regulations;
(II) paragraph (A) of section
VI, appendix I, part 121 of
such title;
(III) paragraph (A) of
section IV, appendix J, part
121 of such title;
(IV) section 125.401 of such
title; and
(V) section 135.63(a)(4) of
such title; and
(ii) other records pertaining to the
individual's performance as a pilot
that are maintained by the air carrier
or person concerning--
(I) the training,
qualifications, proficiency, or
professional competence of the
individual, including comments
and evaluations made by a check
airman designated in accordance
with section 121.411, 125.295,
or 135.337 of such title;
(II) any disciplinary action
taken with respect to the
individual that was not
subsequently overturned; and
(III) any release from
employment or resignation,
termination, or
disqualification with respect
to employment.
(C) National driver register records.--In
accordance with section 30305(b)(8) of this
title, from the chief driver licensing official
of a State, information concerning the motor
vehicle driving record of the individual.
(2) Written consent; release from liability.--An air
carrier making a request for records under paragraph
(1)--
(A) shall be required to obtain written
consent to the release of those records from
the individual that is the subject of the
records requested; and
(B) may, notwithstanding any other provision
of law or agreement to the contrary, require
the individual who is the subject of the
records to request to execute a release from
liability for any claim arising from the
furnishing of such records to or the use of
such records by such air carrier (other than a
claim arising from furnishing information known
to be false and maintained in violation of a
criminal statute).
(3) 5-year reporting period.--A person shall not
furnish a record in response to a request made under
paragraph (1) if the record was entered more than 5
years before the date of the request, unless the
information concerns a revocation or suspension of an
airman certificate or motor vehicle license that is in
effect on the date of the request.
(4) Requirement to maintain records.--The
Administrator and air carriers shall maintain pilot
records described in paragraphs (1)(A) and (1)(B) for a
period of at least 5 years.
(5) Receipt of consent; provision of information.--A
person shall not furnish a record in response to a
request made under paragraph (1) without first
obtaining a copy of the written consent of the
individual who is the subject of the records requested;
except that, for purposes of paragraph (15), the
Administrator may allow an individual designated by the
Administrator to accept and maintain written consent on
behalf of the Administrator for records requested under
paragraph (1)(A). A person who receives a request for
records under this subsection shall furnish a copy of
all of such requested records maintained by the person
not later than 30 days after receiving the request.
(6) Right to receive notice and copy of any record
furnished.--A person who receives a request for records
under paragraph (1) shall provide to the individual who
is the subject of the records--
(A) on or before the 20th day following the
date of receipt of the request, written notice
of the request and of the individual's right to
receive a copy of such records; and
(B) in accordance with paragraph (10), a copy
of such records, if requested by the
individual.
(7) Reasonable charges for processing requests and
furnishing copies.--A person who receives a request
under paragraph (1) or (6) may establish a reasonable
charge for the cost of processing the request and
furnishing copies of the requested records.
(8) Standard forms.--The Administrator shall
promulgate--
(A) standard forms that may be used by an air
carrier to request records under paragraph (1);
and
(B) standard forms that may be used by an air
carrier to--
(i) obtain the written consent of the
individual who is the subject of a
request under paragraph (1); and
(ii) inform the individual of--
(I) the request; and
(II) the individual right of
that individual to receive a
copy of any records furnished
in response to the request.
(9) Right to correct inaccuracies.--An air carrier
that maintains or requests and receives the records of
an individual under paragraph (1) shall provide the
individual with a reasonable opportunity to submit
written comments to correct any inaccuracies contained
in the records before making a final hiring decision
with respect to the individual.
(10) Right of pilot to review certain records.--
Notwithstanding any other provision of law or
agreement, an air carrier shall, upon written request
from a pilot who is or has been employed by such
carrier, make available, within a reasonable time, but
not later than 30 days after the date of the request,
to the pilot for review, any and all employment records
referred to in paragraph (1)(B)(i) or (ii) pertaining
to the employment of the pilot.
(11) Privacy protections.--An air carrier that
receives the records of an individual under paragraph
(1) may use such records only to assess the
qualifications of the individual in deciding whether or
not to hire the individual as a pilot. The air carrier
shall take such actions as may be necessary to protect
the privacy of the pilot and the confidentiality of the
records, including ensuring that information contained
in the records is not divulged to any individual that
is not directly involved in the hiring decision.
(12) Periodic review.--Not later than 18 months after
the date of the enactment of the Pilot Records
Improvement Act of 1996, and at least once every 3
years thereafter, the Administrator shall transmit to
Congress a statement that contains, taking into account
recent developments in the aviation industry--
(A) recommendations by the Administrator
concerning proposed changes to Federal Aviation
Administration records, air carrier records,
and other records required to be furnished
under subparagraphs (A) and (B) of paragraph
(1); or
(B) reasons why the Administrator does not
recommend any proposed changes to the records
referred to in subparagraph (A).
(13) Regulations.--The Administrator shall prescribe
such regulations as may be necessary--
(A) to protect--
(i) the personal privacy of any
individual whose records are requested
under paragraph (1) and disseminated
under paragraph (15); and
(ii) the confidentiality of those
records;
(B) to preclude the further dissemination of
records received under paragraph (1) by the
person who requested those records; and
(C) to ensure prompt compliance with any
request made under paragraph (1).
(14) Special rules with respect to certain pilots.--
(A) Pilots of certain small aircraft.--
Notwithstanding paragraph (1), an air carrier,
before receiving information requested about an
individual under paragraph (1), may allow the
individual to begin service for a period not to
exceed 90 days as a pilot of an aircraft with a
maximum payload capacity (as defined in section
119.3 of title 14, Code of Federal Regulations)
of 7,500 pounds or less, or a helicopter, on a
flight that is not a scheduled operation (as
defined in such section). Before the end of the
90-day period, the air carrier shall obtain and
evaluate such information. The contract between
the carrier and the individual shall contain a
term that provides that the continuation of the
individual's employment, after the last day of
the 90-day period, depends on a satisfactory
evaluation.
(B) Good faith exception.--Notwithstanding
paragraph (1), an air carrier, without
obtaining information about an individual under
paragraph (1)(B) from an air carrier or other
person that no longer exists or from a foreign
government or entity that employed the
individual, may allow the individual to begin
service as a pilot if the air carrier required
to request the information has made a
documented good faith attempt to obtain such
information.
(15) Electronic access to faa records.--For the
purpose of increasing timely and efficient access to
Federal Aviation Administration records described in
paragraph (1), the Administrator may allow, under terms
established by the Administrator, an individual
designated by the air carrier to have electronic access
to a specified database containing information about
such records. The terms shall limit such access to
instances in which information in the database is
required by the designated individual in making a
hiring decision concerning a pilot applicant and shall
require that the designated individual provide
assurances satisfactory to the Administrator that
information obtained using such access will not be used
for any purpose other than making the hiring decision.
(16) Applicability.--This subsection shall cease to
be effective on the date specified in regulations
issued under subsection (i).
(i) FAA Pilot Records Database.--
(1) In general.--Before allowing an individual to
begin service as a pilot, an air carrier shall access
and evaluate, in accordance with the requirements of
this subsection, information pertaining to the
individual from the pilot records database established
under paragraph (2).
(2) Pilot records database.--Not later than April 30,
2017, the Administrator shall establish and make
available for use an electronic database (in this
subsection referred to as the ``database'') containing
the following records:
(A) FAA records.--From the Administrator--
(i) records that are maintained by
the Administrator concerning current
airman certificates, including airman
medical certificates and associated
type ratings and information on any
limitations to those certificates and
ratings;
(ii) records that are maintained by
the Administrator concerning any failed
attempt of an individual to pass a
practical test required to obtain a
certificate or type rating under part
61 of title 14, Code of Federal
Regulations; and
(iii) summaries of legal enforcement
actions resulting in a finding by the
Administrator of a violation of this
title or a regulation prescribed or
order issued under this title that was
not subsequently overturned.
(B) Air carrier and other records.--From any
air carrier or other person (except a branch of
the Armed Forces, the National Guard, or a
reserve component of the Armed Forces) that has
employed an individual as a pilot of a civil or
public aircraft, or from the trustee in
bankruptcy for the air carrier or person--
(i) records pertaining to the
individual that are maintained by the
air carrier (other than records
relating to flight time, duty time, or
rest time) or person, including records
under regulations set forth in--
(I) section 121.683 of title
14, Code of Federal
Regulations;
(II) section 121.111(a) of
such title;
(III) section 121.219(a) of
such title;
(IV) section 125.401 of such
title; and
(V) section 135.63(a)(4) of
such title; and
(ii) other records pertaining to the
individual's performance as a pilot
that are maintained by the air carrier
or person concerning--
(I) the training,
qualifications, proficiency, or
professional competence of the
individual, including comments
and evaluations made by a check
airman designated in accordance
with section 121.411, 125.295,
or 135.337 of such title;
(II) any disciplinary action
taken with respect to the
individual that was not
subsequently overturned; and
(III) any release from
employment or resignation,
termination, or
disqualification with respect
to employment.
(C) National driver register records.--In
accordance with section 30305(b)(8) of this
title, from the chief driver licensing official
of a State, information concerning the motor
vehicle driving record of the individual.
(3) Written consent; release from liability.--An air
carrier--
(A) shall obtain the written consent of an
individual before accessing records pertaining
to the individual under paragraph (1); and
(B) may, notwithstanding any other provision
of law or agreement to the contrary, require an
individual with respect to whom the carrier is
accessing records under paragraph (1) to
execute a release from liability for any claim
arising from accessing the records or the use
of such records by the air carrier in
accordance with this section (other than a
claim arising from furnishing information known
to be false and maintained in violation of a
criminal statute).
(4) Reporting.--
(A) Reporting by administrator.--The
Administrator shall enter data described in
paragraph (2)(A) into the database promptly to
ensure that an individual's records are
current.
(B) Reporting by air carriers and other
persons.--
(i) In general.--Air carriers and
other persons shall report data
described in paragraphs (2)(B) and
(2)(C) to the Administrator promptly
for entry into the database.
(ii) Data to be reported.--Air
carriers and other persons shall
report, at a minimum, under clause (i)
the following data described in
paragraph (2)(B):
(I) Records that are
generated by the air carrier or
other person after the date of
enactment of this paragraph.
(II) Records that the air
carrier or other person is
maintaining, on such date of
enactment, pursuant to
subsection (h)(4).
(5) Requirement to maintain records.--The
Administrator--
(A) shall maintain all records entered into
the database under paragraph (2) pertaining to
an individual until the date of receipt of
notification that the individual is deceased;
and
(B) may remove the individual's records from
the database after that date.
(6) Receipt of consent.--The Administrator shall not
permit an air carrier to access records pertaining to
an individual from the database under paragraph (1)
without the air carrier first demonstrating to the
satisfaction of the Administrator that the air carrier
has obtained the written consent of the individual.
(7) Right of pilot to review certain records and
correct inaccuracies.--Notwithstanding any other
provision of law or agreement, the Administrator, upon
receipt of written request from an individual--
(A) shall make available, not later than 30
days after the date of the request, to the
individual for review all records referred to
in paragraph (2) pertaining to the individual;
and
(B) shall provide the individual with a
reasonable opportunity to submit written
comments to correct any inaccuracies contained
in the records.
(8) Reasonable charges for processing requests and
furnishing copies.--
(A) In general.--The Administrator may
establish a reasonable charge for the cost of
processing a request under paragraph (1) or (7)
and for the cost of furnishing copies of
requested records under paragraph (7).
(B) Crediting appropriations.--Funds received
by the Administrator pursuant to this paragraph
shall--
(i) be credited to the appropriation
current when the amount is received;
(ii) be merged with and available for
the purposes of such appropriation; and
(iii) remain available until
expended.
(9) Privacy protections.--
(A) Use of records.--An air carrier that
accesses records pertaining to an individual
under paragraph (1) may use the records only to
assess the qualifications of the individual in
deciding whether or not to hire the individual
as a pilot. The air carrier shall take such
actions as may be necessary to protect the
privacy of the individual and the
confidentiality of the records accessed,
including ensuring that information contained
in the records is not divulged to any
individual that is not directly involved in the
hiring decision.
(B) Disclosure of information.--
(i) In general.--Except as provided
by clause (ii), information collected
by the Administrator under paragraph
(2) shall be exempt from the disclosure
requirements of section 552(b)(3)(B) of
title 5.
(ii) Exceptions.--Clause (i) shall
not apply to--
(I) deidentified, summarized
information to explain the need
for changes in policies and
regulations;
(II) information to correct a
condition that compromises
safety;
(III) information to carry
out a criminal investigation or
prosecution;
(IV) information to comply
with section 44905, regarding
information about threats to
civil aviation; and
(V) such information as the
Administrator determines
necessary, if withholding the
information would not be
consistent with the safety
responsibilities of the Federal
Aviation Administration.
(10) Periodic review.--Not later than 18 months after
the date of enactment of this paragraph, and at least
once every 3 years thereafter, the Administrator shall
transmit to Congress a statement that contains, taking
into account recent developments in the aviation
industry--
(A) recommendations by the Administrator
concerning proposed changes to Federal Aviation
Administration records, air carrier records,
and other records required to be included in
the database under paragraph (2); or
(B) reasons why the Administrator does not
recommend any proposed changes to the records
referred to in subparagraph (A).
(11) Regulations for protection and security of
records.--The Administrator shall prescribe such
regulations as may be necessary--
(A) to protect and secure--
(i) the personal privacy of any
individual whose records are accessed
under paragraph (1); and
(ii) the confidentiality of those
records; and
(B) to preclude the further dissemination of
records received under paragraph (1) by the
person who accessed the records.
(12) Good faith exception.--Notwithstanding paragraph
(1), an air carrier may allow an individual to begin
service as a pilot, without first obtaining information
described in paragraph (2)(B) from the database
pertaining to the individual, if--
(A) the air carrier has made a documented
good faith attempt to access the information
from the database; and
(B) the air carrier has received written
notice from the Administrator that the
information is not contained in the database
because the individual was employed by an air
carrier or other person that no longer exists
or by a foreign government or other entity that
has not provided the information to the
database.
(13) Limitations on electronic access to records.--
(A) Access by individuals designated by air
carriers.--For the purpose of increasing timely
and efficient access to records described in
paragraph (2), the Administrator may allow,
under terms established by the Administrator,
an individual designated by an air carrier to
have electronic access to the database.
(B) Terms.--The terms established by the
Administrator under subparagraph (A) for
allowing a designated individual to have
electronic access to the database shall limit
such access to instances in which information
in the database is required by the designated
individual in making a hiring decision
concerning a pilot applicant and shall require
that the designated individual provide
assurances satisfactory to the Administrator
that--
(i) the designated individual has
received the written consent of the
pilot applicant to access the
information; and
(ii) information obtained using such
access will not be used for any purpose
other than making the hiring decision.
(14) Authorized expenditures.--Of amounts
appropriated under section 106(k)(1), a total of
$6,000,000 for fiscal years 2010 through 2013 may be
used to carry out this subsection.
(15) Regulations.--
(A) In general.--The Administrator shall
issue regulations to carry out this subsection.
(B) Effective date.--The regulations shall
specify the date on which the requirements of
this subsection take effect and the date on
which the requirements of subsection (h) cease
to be effective.
(C) Exceptions.--Notwithstanding subparagraph
(B)--
(i) the Administrator shall begin to
establish the database under paragraph
(2) not later than 90 days after the
date of enactment of this paragraph;
(ii) the Administrator shall maintain
records in accordance with paragraph
(5) beginning on the date of enactment
of this paragraph; and
(iii) air carriers and other persons
shall maintain records to be reported
to the database under paragraph (4)(B)
in the period beginning on such date of
enactment and ending on the date that
is 5 years after the requirements of
subsection (h) cease to be effective
pursuant to subparagraph (B).
(16) Special rule.--During the one-year period
beginning on the date on which the requirements of this
section become effective pursuant to paragraph (15)(B),
paragraph (7)(A) shall be applied by substituting ``45
days'' for ``30 days''.
(j) Limitations on Liability; Preemption of State Law.--
(1) Limitation on liability.--No action or proceeding
may be brought by or on behalf of an individual who has
applied for or is seeking a position with an air
carrier as a pilot and who has signed a release from
liability, as provided for under subsection (h)(2) or
(i)(3), against--
(A) the air carrier requesting the records of
that individual under subsection (h)(1) or
accessing the records of that individual under
subsection (i)(1);
(B) a person who has complied with such
request;
(C) a person who has entered information
contained in the individual's records; or
(D) an agent or employee of a person
described in subparagraph (A) or (B);
in the nature of an action for defamation, invasion of
privacy, negligence, interference with contract, or
otherwise, or under any Federal or State law with
respect to the furnishing or use of such records in
accordance with subsection (h) or (i).
(2) Preemption.--No State or political subdivision
thereof may enact, prescribe, issue, continue in
effect, or enforce any law (including any regulation,
standard, or other provision having the force and
effect of law) that prohibits, penalizes, or imposes
liability for furnishing or using records in accordance
with subsection (h) or (i).
(3) Provision of knowingly false information.--
Paragraphs (1) and (2) shall not apply with respect to
a person who furnishes information in response to a
request made under subsection (h)(1) or who furnished
information to the database established under
subsection (i)(2), that--
(A) the person knows is false; and
(B) was maintained in violation of a criminal
statute of the United States.
(4) Prohibition on actions and proceedings against
air carriers.--
(A) Hiring decisions.--An air carrier may
refuse to hire an individual as a pilot if the
individual did not provide written consent for
the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not
execute the release from liability requested
under subsection (h)(2)(B) or (i)(3)(B).
(B) Actions and proceedings.--No action or
proceeding may be brought against an air
carrier by or on behalf of an individual who
has applied for or is seeking a position as a
pilot with the air carrier if the air carrier
refused to hire the individual after the
individual did not provide written consent for
the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not
execute a release from liability requested
under subsection (h)(2)(B) or (i)(3)(B).
(k) Limitation on Statutory Construction.--Nothing in
subsection (h) or (i) shall be construed as precluding the
availability of the records of a pilot in an investigation or
other proceeding concerning an accident or incident conducted
by the Administrator, the National Transportation Safety Board,
or a court.
(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. 44704. Type certificates, production certificates, airworthiness
certificates, and design and production
organization certificates
(a) Type Certificates.--
(1) Issuance, investigations, and tests.--The
Administrator of the Federal Aviation Administration
shall issue a type certificate for an aircraft,
aircraft engine, or propeller, or for an appliance
specified under paragraph (2)(A) of this subsection
when the Administrator finds that the aircraft,
aircraft engine, propeller, or appliance is properly
designed and manufactured, performs properly, and meets
the regulations and minimum standards prescribed under
section 44701(a) of this title. On receiving an
application for a type certificate, the Administrator
shall investigate the application and may conduct a
hearing. The Administrator shall make, or require the
applicant to make, tests the Administrator considers
necessary in the interest of safety.
(2) Specifications.--The Administrator may--
(A) specify in regulations those appliances
that reasonably require a type certificate in
the interest of safety;
(B) include in a type certificate terms
required in the interest of safety; and
(C) record on the certificate a numerical
specification of the essential factors related
to the performance of the aircraft, aircraft
engine, or propeller for which the certificate
is issued.
(3) Special rules for new aircraft and appliances.--
Except as provided in paragraph (4), if the holder of a
type certificate agrees to permit another person to use
the certificate to manufacture a new aircraft, aircraft
engine, propeller, or appliance, the holder shall
provide the other person with written evidence, in a
form acceptable to the Administrator, of that
agreement. Such other person may manufacture a new
aircraft, aircraft engine, propeller, or appliance
based on a type certificate only if such other person
is the holder of the type certificate or has permission
from the holder.
(4) Limitation for aircraft manufactured before
august 5, 2004.--Paragraph (3) shall not apply to a
person who began the manufacture of an aircraft before
August 5, 2004, and who demonstrates to the
satisfaction of the Administrator that such manufacture
began before August 5, 2004, if the name of the holder
of the type certificate for the aircraft does not
appear on the airworthiness certificate or
identification plate of the aircraft. The holder of the
type certificate for the aircraft shall not be
responsible for the continued airworthiness of the
aircraft. A person may invoke the exception provided by
this paragraph with regard to the manufacture of only
one aircraft.
(5) Release of data.--
(A) In general.--Notwithstanding any other
provision of law, the Administrator may make
available upon request, to a person seeking to
maintain the airworthiness or develop product
improvements of an aircraft, engine, propeller,
or appliance, engineering data in the
possession of the Administration relating to a
type certificate or a supplemental type
certificate for such aircraft, engine,
propeller, or appliance, without the consent of
the owner of record, if the Administrator
determines that--
(i) the certificate containing the
requested data has been inactive for 3
or more years, except that the
Administrator may reduce this time if
required to address an unsafe condition
associated with the product;
(ii) after using due diligence, the
Administrator is unable to find the
owner of record, or the owner of
record's heir, of the type certificate
or supplemental type certificate; and
(iii) making such data available will
enhance aviation safety.
(B) Engineering data defined.--In this
section, the term ``engineering data'' as used
with respect to an aircraft, engine, propeller,
or appliance means type design drawing and
specifications for the entire aircraft, engine,
propeller, or appliance or change to the
aircraft, engine, propeller, or appliance,
including the original design data, and any
associated supplier data for individual parts
or components approved as part of the
particular certificate for the aircraft,
engine, propeller, or appliance.
(C) Requirement to maintain data.--The
Administrator shall maintain engineering data
in the possession of the Administration
relating to a type certificate or a
supplemental type certificate that has been
inactive for 3 or more years.
(b) Supplemental Type Certificates.--
(1) Issuance.--The Administrator may issue a type
certificate designated as a supplemental type
certificate for a change to an aircraft, aircraft
engine, propeller, or appliance.
(2) Contents.--A supplemental type certificate issued
under paragraph (1) shall consist of the change to the
aircraft, aircraft engine, propeller, or appliance with
respect to the previously issued type certificate for
the aircraft, aircraft engine, propeller, or appliance.
(3) Requirement.--If the holder of a supplemental
type certificate agrees to permit another person to use
the certificate to modify an aircraft, aircraft engine,
propeller, or appliance, the holder shall provide the
other person with written evidence, in a form
acceptable to the Administrator, of that agreement. A
person may change an aircraft, aircraft engine,
propeller, or appliance based on a supplemental type
certificate only if the person requesting the change is
the holder of the supplemental type certificate or has
permission from the holder to make the change.
(c) Production Certificates.--The Administrator shall issue a
production certificate authorizing the production of a
duplicate of an aircraft, aircraft engine, propeller, or
appliance for which a type certificate has been issued when the
Administrator finds the duplicate will conform to the
certificate. On receiving an application, the Administrator
shall inspect, and may require testing of, a duplicate to
ensure that it conforms to the requirements of the certificate.
The Administrator may include in a production certificate terms
required in the interest of safety.
(d) Airworthiness Certificates.--(1) The registered owner of
an aircraft may apply to the Administrator for an airworthiness
certificate for the aircraft. The Administrator shall issue an
airworthiness certificate when the Administrator finds that the
aircraft conforms to its type certificate and, after
inspection, is in condition for safe operation. The
Administrator shall register each airworthiness certificate and
may include appropriate information in the certificate. The
certificate number or other individual designation the
Administrator requires shall be displayed on the aircraft. The
Administrator may include in an airworthiness certificate terms
required in the interest of safety.
(2) A person applying for the issuance or renewal of an
airworthiness certificate for an aircraft for which ownership
has not been recorded under section 44107 or 44110 of this
title must submit with the application information related to
the ownership of the aircraft the Administrator decides is
necessary to identify each person having a property interest in
the aircraft and the kind and extent of the interest.
(3) Nonconformity with approved type design.--
(A) In general.--Consistent with the requirements of
paragraph (1), a holder of a production certificate for
an aircraft may not present a nonconforming aircraft,
either directly or through the registered owner of such
aircraft or a person described in paragraph (2), to the
Administrator for issuance of an initial airworthiness
certificate.
(B) Civil penalty.--Notwithstanding section 46301, a
production certificate holder who knowingly violates
subparagraph (A) shall be liable to the Administrator
for a civil penalty of not more than $1,000,000 for
each nonconforming aircraft.
(C) Penalty considerations.--In determining the
amount of a civil penalty under subparagraph (B), the
Administrator shall consider--
(i) the nature, circumstances, extent, and
gravity of the violation, including the length
of time the nonconformity was known by the
holder of a production certificate but not
disclosed; and
(ii) with respect to the violator, the degree
of culpability, any history of prior
violations, and the size of the business
concern.
(D) Nonconforming aircraft defined.--In this
paragraph, the term ``nonconforming aircraft'' means an
aircraft that does not conform to the approved type
design for such aircraft type.
(e) Disclosure of Safety Critical Information.--
(1) In general.--Notwithstanding a delegation
described in section 44702(d), the Administrator shall
require an applicant for, or holder of, a type
certificate for a transport category airplane covered
under part 25 of title 14, Code of Federal Regulations,
to submit safety critical information with respect to
such airplane to the Administrator in such form,
manner, or time as the Administrator may require. Such
safety critical information shall include--
(A) any design and operational details,
intended functions, and failure modes of any
system that, without being commanded by the
flight crew, commands the operation of any
safety critical function or feature required
for control of an airplane during flight or
that otherwise changes the flight path or
airspeed of an airplane;
(B) the design and operational details,
intended functions, failure modes, and mode
annunciations of autopilot and autothrottle
systems, if applicable;
(C) any failure or operating condition that
the applicant or holder anticipates or has
concluded would result in an outcome with a
severity level of hazardous or catastrophic, as
defined in the appropriate Administration
airworthiness requirements and guidance
applicable to transport category airplanes
defining risk severity;
(D) any adverse handling quality that fails
to meet the requirements of applicable
regulations without the addition of a software
system to augment the flight controls of the
airplane to produce compliant handling
qualities; and
(E) a system safety assessment with respect
to a system described in subparagraph (A) or
(B) or with respect to any component or other
system for which failure or erroneous operation
of such component or system could result in an
outcome with a severity level of hazardous or
catastrophic, as defined in the appropriate
Administration airworthiness requirements and
guidance applicable to transport category
airplanes defining risk severity.
(2) Ongoing communications.--
(A) Newly discovered information.--The
Administrator shall require that an applicant
for, or holder of, a type certificate disclose
to the Administrator, in such form, manner, or
time as the Administrator may require, any
newly discovered information or design or
analysis change that would materially alter any
submission to the Administrator under paragraph
(1).
(B) System development changes.--The
Administrator shall establish multiple
milestones throughout the certification process
at which a proposed airplane system will be
assessed to determine whether any change to
such system during the certification process is
such that such system should be considered
novel or unusual by the Administrator.
(3) Flight manuals.--The Administrator shall ensure
that an airplane flight manual and a flight crew
operating manual (as appropriate or applicable) for an
airplane contains a description of the operation of a
system described in paragraph (1)(A) and flight crew
procedures for responding to a failure or aberrant
operation of such system.
(4) Civil penalty.--
(A) Amount.--Notwithstanding section 46301,
an applicant for, or holder of, a type
certificate that knowingly violates paragraph
(1), (2), or (3) of this subsection shall be
liable to the Administrator for a civil penalty
of not more than $1,000,000 for each violation.
(B) Penalty considerations.--In determining
the amount of a civil penalty under
subparagraph (A), the Administrator shall
consider--
(i) the nature, circumstances,
extent, and gravity of the violation,
including the length of time that such
safety critical information was known
but not disclosed; and
(ii) with respect to the violator,
the degree of culpability, any history
of prior violations, and the size of
the business concern.
(5) Revocation and civil penalty for individuals.--
(A) In general.--The Administrator shall
revoke any airline transport pilot certificate
issued under section 44703 held by any
individual who, while acting on behalf of an
applicant for, or holder of, a type
certificate, knowingly makes a false statement
with respect to any of the matters described in
subparagraphs (A) through (E) of paragraph (1).
(B) Authority to impose civil penalty.--The
Administrator may impose a civil penalty under
section 46301 for each violation described in
subparagraph (A).
(6) Rule of construction.--Nothing in this subsection
shall be construed to affect or otherwise inhibit the
authority of the Administrator to deny an application
by an applicant for a type certificate or to revoke or
amend a type certificate of a holder of such
certificate.
(7) Definition of type certificate.--In this
subsection, the term ``type certificate''--
(A) means a type certificate issued under
subsection (a) or an amendment to such
certificate; and
(B) does not include a supplemental type
certificate issued under subsection (b).
(f) Hearing Requirement.--The Administrator may find that a
person has violated subsection (a)(6) or paragraph (1), (2), or
(3) of subsection (e) and impose a civil penalty under the
applicable subsection only after notice and an opportunity for
a hearing. The Administrator shall provide a person--
(1) written notice of the violation and the amount of
penalty; and
(2) the opportunity for a hearing under subpart G of
part 13 of title 14, Code of Federal Regulations.
(g) Certification Dispute Resolution.--
(1) Dispute resolution process and appeals.--
(A) In general.--Not later than 60 days after
the date of enactment of this subsection, the
Administrator shall issue an order
establishing--
(i) an effective, timely, and
milestone-based issue resolution
process for type certification
activities under subsection (a); and
(ii) a process by which a decision,
finding of compliance or noncompliance,
or other act of the Administration,
with respect to compliance with design
requirements, may be appealed by a
covered person directly involved with
the certification activities in dispute
on the basis that such decision,
finding, or act is erroneous or
inconsistent with this chapter,
regulations, or guidance materials
promulgated by the Administrator, or
other requirements.
(B) Escalation.--The order issued under
subparagraph (A) shall provide processes for--
(i) resolution of technical issues at
pre-established stages of the
certification process, as agreed to by
the Administrator and the type
certificate applicant;
(ii) automatic elevation to
appropriate management personnel of the
Administration and the type certificate
applicant of any major certification
process milestone that is not completed
or resolved within a specific period of
time agreed to by the Administrator and
the type certificate applicant;
(iii) resolution of a major
certification process milestone
elevated pursuant to clause (ii) within
a specific period of time agreed to by
the Administrator and the type
certificate applicant;
(iv) initial review by appropriate
Administration employees of any appeal
described in subparagraph (A)(ii); and
(v) subsequent review of any further
appeal by appropriate management
personnel of the Administration and the
Associate Administrator for Aviation
Safety.
(C) Disposition.--
(i) Written decision.--The Associate
Administrator for Aviation Safety shall
issue a written decision that states
the grounds for the decision of the
Associate Administrator on--
(I) each appeal submitted
under subparagraph (A)(ii); and
(II) An appeal to the
Associate Administrator
submitted under subparagraph
(B)(v).
(ii) Report to congress.--Not later
than December 31 of each calendar year
through calendar year [2025] 2028, 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 summarizing each
appeal resolved under this subsection.
(D) Final review.--
(i) In general.--A written decision
of the Associate Administrator under
subparagraph (C) may be appealed to the
Administrator for a final review and
determination.
(ii) Decline to review.--The
Administrator may decline to review an
appeal initiated pursuant to clause
(i).
(iii) Judicial review.--No decision
under this paragraph (including a
decision to decline to review an
appeal) shall be subject to judicial
review.
(2) Prohibited contacts.--
(A) Prohibition generally.--During the course
of an appeal under this subsection, no covered
official may engage in an ex parte
communication (as defined in section 551 of
title 5) with an individual representing or
acting on behalf of an applicant for, or holder
of, a certificate under this section in
relation to such appeal unless such
communication is disclosed pursuant to
subparagraph (B).
(B) Disclosure.--If, during the course of an
appeal under this subsection, a covered
official engages in, receives, or is otherwise
made aware of an ex parte communication, the
covered official shall disclose such
communication in the public record at the time
of the issuance of the written decision under
paragraph (1)(C), including the time and date
of the communication, subject of communication,
and all persons engaged in such communication.
(3) Definitions.--In this subsection:
(A) Covered person.--The term ``covered
person'' means either--
(i) an employee of the Administration
whose responsibilities relate to the
certification of aircraft, engines,
propellers, or appliances; or
(ii) an applicant for, or holder of,
a type certificate or amended type
certificate issued under this section.
(B) Covered official.--The term ``covered
official'' means the following officials:
(i) The Executive Director or any
Deputy Director of the Aircraft
Certification Service.
(ii) The Deputy Executive Director
for Regulatory Operations of the
Aircraft Certification Service.
(iii) The Director or Deputy Director
of the Compliance and Airworthiness
Division of the Aircraft Certification
Service.
(iv) The Director or Deputy Director
of the System Oversight Division of the
Aircraft Certification Service.
(v) The Director or Deputy Director
of the Policy and Innovation Division
of the Aircraft Certification Service.
(vi) The Executive Director or any
Deputy Executive Director of the Flight
Standards Service.
(vii) The Associate Administrator or
Deputy Associate Administrator for
Aviation Safety.
(viii) The Deputy Administrator of
the Federal Aviation Administration.
(ix) The Administrator of the Federal
Aviation Administration.
(x) Any similarly situated or
successor FAA management position to
those described in clauses (i) through
(ix), as determined by the
Administrator.
(C) Major certification process milestone.--
The term ``major certification process
milestone'' means a milestone related to the
type certification basis, type certification
plan, type inspection authorization, issue
paper, or other major type certification
activity agreed to by the Administrator and the
type certificate applicant.
(4) Rule of construction.--Nothing in this subsection
shall apply to the communication of a good-faith
complaint by any individual alleging--
(A) gross misconduct;
(B) a violation of title 18; or
(C) a violation of any of the provisions of
part 2635 or 6001 of title 5, Code of Federal
Regulations.
(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).
* * * * * * *
Sec. 44711. Prohibitions and exemption
(a) Prohibitions.--A person may not--
(1) operate a civil aircraft in air commerce without
an airworthiness certificate in effect or in violation
of a term of the certificate;
(2) serve in any capacity as an airman with respect
to a civil aircraft, aircraft engine, propeller, or
appliance used, or intended for use, in air commerce--
(A) without an airman certificate authorizing
the airman to serve in the capacity for which
the certificate was issued; or
(B) in violation of a term of the certificate
or a regulation prescribed or order issued
under section 44701(a) or (b) or any of
sections 44702-44716 of this title;
(3) employ for service related to civil aircraft used
in air commerce an airman who does not have an airman
certificate authorizing the airman to serve in the
capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier
operating certificate or in violation of a term of the
certificate;
(5) operate aircraft in air commerce in violation of
a regulation prescribed or certificate issued under
section 44701(a) or (b) or any of sections 44702-44716
of this title;
(6) operate a seaplane or other aircraft of United
States registry on the high seas in violation of a
regulation under section 3 of the International
Navigational Rules Act of 1977 (33 U.S.C. 1602);
(7) violate a term of an air agency, design
organization certificate, or production certificate or
a regulation prescribed or order issued under section
44701(a) or (b) or any of sections 44702-44716 of this
title related to the holder of the certificate;
(8) operate an airport without an airport operating
certificate required under section 44706 of this title
or in violation of a term of the certificate;
(9) manufacture, deliver, sell, or offer for sale any
aviation fuel or additive in violation of a regulation
prescribed under section 44714 of this title; [or]
(10) violate section 44732 or any regulation issued
thereunder[.]; or
(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) Exemption.--On terms the Administrator of the Federal
Aviation Administration prescribes as being in the public
interest, the Administrator may exempt a foreign aircraft and
airmen serving on the aircraft from subsection (a) of this
section. However, an exemption from observing air traffic
regulations may not be granted.
(c) Prohibition on Employment of Convicted Counterfeit Part
Traffickers.--No person subject to this chapter may knowingly
employ anyone to perform a function related to the procurement,
sale, production, or repair of a part or material, or the
installation of a part into a civil aircraft, who has been
convicted in a court of law of a violation of any Federal law
relating to the installation, production, repair, or sale of a
counterfeit or fraudulently-represented aviation part or
material.
(d) Post-employment Restrictions for Inspectors and
Engineers.--
(1) Prohibition.--A person holding a certificate
issued under part 21 or 119 of title 14, Code of
Federal Regulations, may not knowingly employ, or make
a contractual arrangement that permits, an individual
to act as an agent or representative of such person in
any matter before the Administration if the individual,
in the preceding 2-year period--
(A) served as, or was responsible for
oversight of--
(i) a flight standards inspector of
the Administration; or
(ii) an employee of the
Administration with responsibility for
certification functions with respect to
a holder of a certificate issued under
section 44704(a); and
(B) had responsibility to inspect, or oversee
inspection of, the operations of such person.
(2) Written and oral communications.--For purposes of
paragraph (1), an individual shall be considered to be
acting as an agent or representative of a certificate
holder in a matter before the Administration if the
individual makes any written or oral communication on
behalf of the certificate holder to the Administration
(or any of its officers or employees) in connection
with a particular matter, whether or not involving a
specific party and without regard to whether the
individual has participated in, or had responsibility
for, the particular matter while serving as an
individual covered under paragraph (1).
* * * * * * *
Sec. 44718. Structures interfering with air commerce or national
security
(a) Notice.--By regulation or by order when necessary, the
Secretary of Transportation shall require a person to give
adequate public notice, in the form and way the Secretary
prescribes, of the construction, alteration, establishment, or
expansion, or the proposed construction, alteration,
establishment, or expansion, of a structure or sanitary
landfill when the notice will promote--
(1) safety in air commerce;
(2) the efficient use and preservation of the
navigable airspace and of airport traffic capacity at
public-use airports; or
(3) the interests of national security, as determined
by the Secretary of Defense.
(b) Studies.--
(1) In general.--Under regulations prescribed by the
Secretary, if the Secretary decides that constructing
or altering a structure may result in an obstruction of
the navigable airspace, an interference with air or
space navigation facilities and equipment or the
navigable airspace, or, after consultation with the
Secretary of Defense, an adverse impact on military
operations and readiness, the Secretary of
Transportation shall conduct an aeronautical study to
decide the extent of any adverse impact on the safe and
efficient use of the airspace, facilities, or
equipment. In conducting the study, the Secretary
shall--
(A) consider factors relevant to the
efficient and effective use of the navigable
airspace, including--
(i) the impact on arrival, departure,
and en route procedures for aircraft
operating under visual flight rules;
(ii) the impact on arrival,
departure, and en route procedures for
aircraft operating under instrument
flight rules;
(iii) the impact on existing public-
use airports and aeronautical
facilities;
(iv) the impact on planned public-use
airports and aeronautical facilities;
(v) the cumulative impact resulting
from the proposed construction or
alteration of a structure when combined
with the impact of other existing or
proposed structures;
(vi) the impact on launch and reentry
for launch and reentry vehicles
arriving or departing from a launch
site or reentry site licensed by the
Secretary of Transportation; and
(vii) other factors relevant to the
efficient and effective use of
navigable airspace; and
(B) include the finding made by the Secretary
of Defense under subsection (f).
(2) Report.--On completing the study, the Secretary
of Transportation shall issue a report disclosing the
extent of the--
(A) adverse impact on the safe and efficient
use of the navigable airspace that the
Secretary finds will result from constructing
or altering the structure; and
(B) unacceptable risk to the national
security of the United States, as determined by
the Secretary of Defense under subsection (f).
(3) Severability.--A determination by the Secretary
of Transportation on hazard to air navigation under
this section shall remain independent of a
determination of unacceptable risk to the national
security of the United States by the Secretary of
Defense under subsection (f).
(c) Broadcast Applications and Tower Studies.--In carrying
out laws related to a broadcast application and conducting an
aeronautical study related to broadcast towers, the
Administrator of the Federal Aviation Administration and the
Federal Communications Commission shall take action necessary
to coordinate efficiently--
(1) the receipt and consideration of, and action on,
the application; and
(2) the completion of any associated aeronautical
study.
(d) Limitation on Construction of Landfills.--
(1) In general.--No person shall construct or
establish a municipal solid waste landfill (as defined
in section 258.2 of title 40, Code of Federal
Regulations, as in effect on the date of the enactment
of this subsection) that receives putrescible waste (as
defined in section 257.3-8 of such title) within 6
miles of a public airport that has received grants
under chapter 471 and is primarily served by general
aviation aircraft and regularly scheduled flights of
aircraft designed for 60 passengers or less unless the
State aviation agency of the State in which the airport
is located requests that the Administrator of the
Federal Aviation Administration exempt the landfill
from the application of this subsection and the
Administrator determines that such exemption would have
no adverse impact on aviation safety.
(2) Limitation on applicability.--Paragraph (1) shall
not apply in the State of Alaska and shall not apply to
the construction, establishment, expansion, or
modification of, or to any other activity undertaken
with respect to, a municipal solid waste landfill if
the construction or establishment of the landfill was
commenced on or before the date of the enactment of
this subsection.
(e) Review of Aeronautical Studies.--The Administrator of the
Federal Aviation Administration shall develop procedures to
allow the Department of Defense and the Department of Homeland
Security to review and comment on an aeronautical study
conducted pursuant to subsection (b) prior to the completion of
the study.
(f) National Security Finding.--As part of an aeronautical
study conducted under subsection (b) and in accordance with
section 183a(e) of title 10, the Secretary of Defense shall--
(1) make a finding on whether the construction,
alteration, establishment, or expansion of a structure
or sanitary landfill included in the study would result
in an unacceptable risk to the national security of the
United States; and
(2) transmit the finding to the Secretary of
Transportation for inclusion in the report required
under subsection (b)(2).
(g) Special Rule for Identified Geographic Areas.--In the
case of a proposed structure to be located within a geographic
area identified under section 183a(d)(2)(B) of title 10, the
Secretary of Transportation may not issue a determination
pursuant to this section until the Secretary of Defense issues
a finding under section 183a(e) of title 10, the Secretary of
Defense advises the Secretary of Transportation that no finding
under section 183a(e) of title 10 will be forthcoming, or 180
days have lapsed since the project was filed with the Secretary
of Transportation pursuant to this section, whichever occurs
first.
[(h) Definitions.--In this section, the following definitions
apply:
[(1) Adverse impact on military operations and
readiness.--The term ``adverse impact on military
operations and readiness'' has the meaning given the
term in section 183a(h)(1) of title 10.
[(2) Unacceptable risk to the national security of
the united states.--The term ``unacceptable risk to the
national security of the United States'' has the
meaning given the term in section 183a(h)(7) of title
10.]
(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.
* * * * * * *
Sec. 44720. Meteorological services
(a) Recommendations.--The Administrator of the Federal
Aviation Administration shall make recommendations to the
Secretary of Commerce on providing meteorological services
necessary for the safe and efficient movement of aircraft in
air commerce. In providing the services, the Secretary shall
cooperate with the Administrator and give complete
consideration to those recommendations.
(b) Promoting Safety and Efficiency.--To promote safety and
efficiency in air navigation to the highest possible degree,
the Secretary shall--
(1) observe, measure, investigate, and study
atmospheric phenomena, and maintain meteorological
stations and offices, that are necessary or best suited
for finding out in advance information about probable
weather conditions;
(2) provide reports to [the Administrator to persons]
the Administrator, to persons engaged in civil
aeronautics that are designated by [the Administrator
and to] the Administrator, and to other persons
designated by the Secretary in a way and with a
frequency that best will result in safety in, and
facilitating, air navigation;
(3) cooperate with persons engaged in air commerce in
meteorological services, maintain reciprocal
arrangements with those persons in carrying out this
clause, and collect and distribute weather reports
available from aircraft in flight;
(4) maintain and coordinate international exchanges
of meteorological information required for the safety
and efficiency of air navigation;
(5) in cooperation with other departments, agencies,
and instrumentalities of the United States Government,
meteorological services of foreign countries, and
persons engaged in air commerce, participate in
developing an international basic meteorological
reporting network, including the establishment,
operation, and maintenance of reporting stations on the
high seas, in polar regions, and in foreign countries;
(6) coordinate meteorological requirements in the
United States to maintain standard observations, to
promote efficient use of facilities, and to avoid
duplication of services unless the duplication tends to
promote the safety and efficiency of air navigation;
and
(7) promote and develop meteorological science and
foster and support research projects in meteorology
through the use of private and governmental research
facilities and provide for publishing the results of
the projects unless publication would not be in the
public interest.
Sec. 44721. Aeronautical charts and related products and services
(a) Publication.--
(1) In general.--The Administrator of the Federal
Aviation Administration may arrange for the publication
of aeronautical maps and charts necessary for the safe
and efficient movement of aircraft in air navigation,
using the facilities and assistance of departments,
agencies, and instrumentalities of the United States
Government as far as practicable.
(2) Navigation routes.--In carrying out paragraph
(1), the Administrator shall update and arrange for the
publication of clearly defined routes for navigating
through a complex terminal airspace area and to and
from an airport located in such an area, if the
Administrator decides that publication of the routes
would promote safety in air navigation. The routes
shall be developed in consultation with pilots and
other users of affected airports and shall be for the
optional use of pilots operating under visual flight
rules.
(b) Indemnification.--The Government shall make an agreement
to indemnify any person that publishes a map or chart for use
in aeronautics from any part of a claim arising out of the
depiction by the person on the map or chart of a defective or
deficient flight procedure or airway if the flight procedure or
airway was--
(1) prescribed by the Administrator;
(2) depicted accurately on the map or chart; and
(3) not obviously defective or deficient.
(c) Authority of Office of Aeronautical Charting and
Cartography.--Effective October 1, 2000, the Administrator is
vested with and shall exercise the functions, powers, and
duties of the Secretary of Commerce and other officers of the
Department of Commerce that relate to the Office of
Aeronautical Charting and Cartography to provide aeronautical
charts and related products and services for the safe and
efficient navigation of air commerce, under the following
authorities:
(1) Sections 1 through 9 of the Act entitled ``An Act
to define the functions and duties of the Coast and
Geodetic Survey, and for other purposes'', approved
August 6, [1947,] 1947 (33 U.S.C. 883a-883h).
(2) Section 6082 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (33 U.S.C. 883j).
(d) Authority.--In order that full public benefit may be
derived from the dissemination of data resulting from
activities under this section and of related data from other
sources, the Administrator may--
(1) develop, process, disseminate and publish digital
and analog data, information, compilations, and
reports;
(2) compile, print, and disseminate aeronautical
charts and related products and services of the United
States and its territories and possessions;
(3) compile, print, and disseminate aeronautical
charts and related products and services covering
international airspace as are required primarily by
United States civil aviation; and
(4) compile, print, and disseminate nonaeronautical
navigational, transportation or public-safety-related
products and services when in the best interests of the
Government.
(e) Contracts, Cooperative Agreements, Grants, and Other
Agreements.--
(1) Contracts.--The Administrator is authorized to
contract with qualified organizations for the
performance of any part of the authorized functions of
the Office of Aeronautical Charting and Cartography
when the Administrator deems such procedure to be in
the public interest and will not compromise public
safety.
(2) Cooperative agreements, grants, and other
agreements.--The Administrator is authorized to enter
into cooperative agreements, grants, reimbursable
agreements, memoranda of understanding and other
agreements, with a State, subdivision of a State,
Federal agency, public or private organization, or
individual, to carry out the purposes of this section.
(f) Special Services and Products.--
(1) In general.--The Administrator is authorized, at
the request of a State, subdivision of a State, Federal
agency, public or private organization, or individual,
to conduct special services, including making special
studies, or developing special publications or products
on matters relating to navigation, transportation, or
public safety.
(2) Fees.--The Administrator shall assess a fee for
any special service provided under paragraph (1). A fee
shall be not more than the actual or estimated full
cost of the service. A fee may be reduced or waived for
research organizations, educational organizations, or
non-profit organizations, when the Administrator
determines that reduction or waiver of the fee is in
the best interest of the Government by furthering
public safety.
(g) Sale and Dissemination of Aeronautical Products.--
(1) In general.--Aeronautical products created or
maintained under the authority of this section shall be
sold at prices established annually by the
Administrator consistent with the following:
(A) Maximum price.--Subject to subparagraph
(B), the price of an aeronautical product sold
to the public shall be not more than necessary
to recover all costs attributable to: (i) data
base management and processing; (ii)
compilation; (iii) printing or other types of
reproduction; and (iv) dissemination of the
product.
(B) Adjustment of price.--The Administrator
shall adjust the price of an aeronautical
product and service sold to the public as
necessary to avoid any adverse impact on
aviation safety attributable to the price
specified under this paragraph.
(C) Costs attributable to acquisition of
aeronautical data.--A price established under
this paragraph may not include costs
attributable to the acquisition of aeronautical
data.
(D) Continuation of prices.--The price of any
product created under subsection (d) may
correspond to the price of a comparable product
produced by a department of the United States
Government as that price was in effect on
September 30, 2000, and may remain in effect
until modified by regulation under section 9701
of title 31, United States Code.
(2) Publication of prices.--The Administrator shall
publish annually the prices at which aeronautical
products are sold to the public.
(3) Distribution.--The Administrator may distribute
aeronautical products and provide aeronautical
services--
(A) without charge to each foreign government
or international organization with which the
Administrator or a Federal department or agency
has an agreement for exchange of these products
or services without cost;
(B) at prices the Administrator establishes,
to the departments and officers of the United
States requiring them for official use; and
(C) at reduced or no charge where, in the
judgment of the Administrator, furnishing the
aeronautical product or service to a recipient
is a reasonable exchange for voluntary
contribution of information by the recipient to
the activities under this section.
(4) Fees.--The fees provided for in this subsection
are for the purpose of reimbursing the Government for
the costs of creating, printing and disseminating
aeronautical products and services under this section.
The collection of fees authorized by this section does
not alter or expand any duty or liability of the
Government under existing law for the performance of
functions for which fees are collected, nor does the
collection of fees constitute an express or implied
undertaking by the Government to perform any activity
in a certain manner.
(5) Crediting amounts received.--Notwithstanding any
other provision of law, amounts received for the sale
of products created and services performed under this
section shall be fully credited to the account of the
Federal Aviation Administration that funded the
provision of the products or services and shall remain
available until expended.
* * * * * * *
Sec. 44728. Flight attendant certification
(a) Certificate Required.--
(1) In general.--No person may serve as a flight
attendant aboard an aircraft of an air carrier unless
that person holds a certificate of demonstrated
proficiency from the Administrator of the Federal
Aviation Administration. Upon the request of the
Administrator or an authorized representative of the
National Transportation Safety Board or another Federal
agency, a person who holds such a certificate shall
present the certificate for inspection within a
reasonable period of time after the date of the
request.
(2) Special rule for current flight attendants.--An
individual serving as a flight attendant on the
effective date of this section may continue to serve
aboard an aircraft as a flight attendant until
completion by that individual of the required recurrent
or requalification training and subsequent
certification under this section.
(3) Treatment of flight attendant after
notification.--On the date that the Administrator is
notified by an air carrier that an individual has the
demonstrated proficiency to be a flight attendant, the
individual shall be treated for purposes of this
section as holding a certificate issued under the
section.
(b) Issuance of Certificate.--The Administrator shall issue a
certificate of demonstrated proficiency under this section to
an individual after the Administrator is notified by the air
carrier that the individual has successfully completed all the
training requirements for flight attendants approved by the
Administrator.
(c) Designation of Person To Determine Successful Completion
of Training.--In accordance with part 183 of title 14, Code of
Federal [Regulation,] Regulations, the director of operations
of an air carrier is designated to determine that an individual
has successfully completed the training requirements approved
by the Administrator for such individual to serve as a flight
attendant.
(d) Specifications Relating to Certificates.--Each
certificate issued under this section shall--
(1) be numbered and recorded by the Administrator;
(2) contain the name, address, and description of the
individual to whom the certificate is issued;
(3) be similar in size and appearance to certificates
issued to airmen;
(4) contain the airplane group for which the
certificate is issued; and
(5) be issued not later than 120 days after the
Administrator receives notification from the air
carrier of demonstrated proficiency and, in the case of
an individual serving as flight attendant on the
effective date of this section, not later than 1 year
after such effective date.
(e) Approval of Training Programs.--Air carrier flight
attendant training programs shall be subject to approval by the
Administrator. All flight attendant training programs approved
by the Administrator in the 1-year period ending on the date of
enactment of this section shall be treated as providing a
demonstrated proficiency for purposes of meeting the
certification requirements of this section.
(f) Minimum Language Skills.--
(1) In general.--No person may serve as a flight
attendant aboard an aircraft of an air carrier, unless
that person has demonstrated to an individual qualified
to determine proficiency the ability to read, speak,
and write English well enough to--
(A) read material written in English and
comprehend the information;
(B) speak and understand English sufficiently
to provide direction to, and understand and
answer questions from, English-speaking
individuals;
(C) write incident reports and statements and
log entries and statements; and
(D) carry out written and oral instructions
regarding the proper performance of their
duties.
(2) Foreign flights.--The requirements of paragraph
(1) do not apply to a flight attendant serving solely
between points outside the United States.
(g) Flight Attendant Defined.--In this section, the term
``flight attendant'' means an individual working as a flight
attendant in the cabin of an aircraft that has 20 or more seats
and is being used by an air carrier to provide air
transportation.
Sec. 44729. Age standards for pilots
(a) In General.--[Subject to the limitation in subsection
(c), a] A pilot may serve in multicrew covered operations
described in subsection (b)(1) until attaining [65] 67 years of
age. Air carriers that employ pilots who serve in covered
operations described in subsection (b)(2) may elect to
implement an age restriction to prohibit employed pilots from
serving in such covered operations after attaining 70 years of
age by delivering written notice to the Administrator of the
Federal Aviation Administration. Such election--
(1) shall take effect 1 year after the date of
delivery of written notice of the election; and
(2) may not be terminated after the date on which
such election takes effect by the air carrier.
(b) Covered Operations Defined.--In this section, the term
``covered operations'' means--
(1) operations under part 121 of title 14, Code of
Federal Regulations[; or], unless the operation takes
place in airspace where such operations are not
permitted; or
(2) operations by a person that--
(A) holds an air carrier certificate issued
pursuant to part 119 of title 14, Code of
Federal Regulations, to conduct operations
under part 135 of such title;
(B) holds management specifications under
subpart K of title 91 of title 14, Code of
Federal Regulations; and
(C) performed an aggregate total of at least
75,000 turbojet operations in calendar year
2019 or any subsequent year.
[(c) Limitation for International Flights.--
[(1) Applicability of icao standard.--A pilot who has
attained 60 years of age may serve as pilot-in-command
in covered operations between the United States and
another country only if there is another pilot in the
flight deck crew who has not yet attained 60 years of
age.
[(2) Sunset of limitation.--Paragraph (1) shall cease
to be effective on such date as the Convention on
International Civil Aviation provides that a pilot who
has attained 60 years of age may serve as pilot-in-
command in international commercial operations without
regard to whether there is another pilot in the flight
deck crew who has not attained age 60.]
[(d)] (c) Sunset of Age [60] 65 Retirement Rule.--On and
after [the date of enactment of this section,] the date of
enactment of the Securing Growth and Robust Leadership in
American Aviation Act, [section 121.383(c)] subsections (d) and
(e) of section 121.383 of title 14, Code of Federal Regulations
(or any successor regulations), shall cease to be effective.
[(e)] (d) Applicability.--
[(1) Nonretroactivity.--No person who has attained 60
years of age before the date of enactment of this
section may serve as a pilot for an air carrier engaged
in covered operations unless--
[(A) such person is in the employment of that
air carrier in such operations on such date of
enactment as a required flight deck crew
member; or
[(B) such person is newly hired by an air
carrier as a pilot on or after such date of
enactment without credit for prior seniority or
prior longevity for benefits or other terms
related to length of service prior to the date
of rehire under any labor agreement or
employment policies of the air carrier.]
(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.
(2) Protection for compliance.--An action taken in
conformance with this [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] section or taken in conformance
with a regulation issued to carry out this section, may
not serve as a basis for liability or relief in a
proceeding, brought under any employment law or
regulation, before any court or agency of the United
States or of any State or locality.
[(f)] (e) Amendments to Labor Agreements and Benefit Plans.--
Any amendment to a labor agreement or benefit plan of an air
carrier that is required to conform with the requirements of
this section or a regulation issued to carry out this section,
and is applicable to pilots represented for collective
bargaining, shall be made by agreement of the air carrier and
the designated bargaining representative of the pilots of the
air carrier.
[(g)] (f) Medical Standards and Records.--
(1) Medical examinations and standards.--Except as
provided by paragraph (2), a person serving as a pilot
for an air carrier engaged in covered operations shall
not be subject to different medical standards, or
different, greater, or more frequent medical
examinations, on account of age unless the Secretary
determines (based on data received or studies published
after the date of enactment of this section) that
different medical standards, or different, greater, or
more frequent medical examinations, are needed to
ensure an adequate level of safety in flight.
(2) Duration of first-class medical certificate.--No
person who has attained 60 years of age may serve as a
pilot of an air carrier engaged in covered operations
unless the person has a first-class medical
certificate. Such a certificate shall expire on the
last day of the 6-month period following the date of
examination shown on the certificate.
[(h)] (g) Safety.--
(1) Training.--Each air carrier engaged in covered
operations shall continue to use pilot training and
qualification programs approved by the Federal Aviation
Administration, with specific emphasis on initial and
recurrent training and qualification of pilots who have
attained 60 years of age, to ensure continued
acceptable levels of pilot skill and judgment.
(2) GAO report.--Not later than 24 months after the
date of enactment of this section, 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 concerning the effect, if any,
on aviation safety of the modification to pilot age
standards made by subsection (a).
(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.
Sec. 44730. Helicopter air ambulance operations
(a) Compliance Regulations.--
(1) In general.--Except as provided in paragraph (2),
[not later than 180 days after the date of enactment of
this section,] a part 135 certificate holder providing
air ambulance services shall comply, whenever medical
personnel are onboard the aircraft, with regulations
pertaining to weather minimums and flight and duty time
under part 135.
(2) Exception.--If a certificate holder described in
paragraph (1) is operating, or carrying out training,
under instrument flight rules, the weather reporting
requirement at the destination shall not apply if
authorized by the Administrator of the Federal Aviation
Administration.
(b) Final Rule.--Not later than June 1, 2012, the
Administrator shall issue a final rule, with respect to the
notice of proposed rulemaking published in the Federal Register
on October 12, 2010 (75 Fed. Reg. 62640), to improve the safety
of flight crewmembers, medical personnel, and passengers
onboard helicopters providing air ambulance services under part
135.
(c) Matters To Be Addressed.--In conducting the rulemaking
proceeding under subsection (b), the Administrator shall
[address the following] consider, or address through other
means, the following:
(1) Flight request and dispatch procedures, including
performance-based flight dispatch procedures.
(2) Pilot training standards, including establishment
of training standards in--
(A) preventing controlled flight into
terrain; and
(B) recovery from inadvertent flight into
instrument meteorological conditions.
(3) Safety-enhancing technology and equipment,
including--
(A) helicopter terrain awareness and warning
systems;
(B) radar altimeters; and
(C) devices that perform the function of
flight data recorders and cockpit voice
recorders, to the extent feasible.
(4) Such other matters as the Administrator considers
appropriate.
(d) Minimum Requirements.--In issuing a final rule under
subsection (b), the Administrator, at a minimum, shall [provide
for the following] consider, or address through other means,
the following:
(1) Flight risk evaluation program.--The
Administrator shall ensure that a part 135 certificate
holder providing helicopter air ambulance services--
(A) establishes a flight risk evaluation
program, based on FAA Notice 8000.301 issued by
the Administration on August 1, 2005, including
any updates thereto;
(B) as part of the flight risk evaluation
program, develops a checklist for use by pilots
in determining whether a flight request should
be accepted; and
(C) requires the pilots of the certificate
holder to use the checklist.
(2) Operational control center.--The Administrator
shall ensure that a part 135 certificate holder
providing helicopter air ambulance services using 10 or
more helicopters has an operational control center that
meets such requirements as the Administrator may
prescribe.
(e) [Subsequent Rulemaking] Subsequent Actions.--
(1) In general.--Upon completion of the rulemaking
required under subsection (b), the Administrator [shall
conduct a follow-on rulemaking to address the
following:] shall address through a follow-on
rulemaking, or through such other means that the
Administrator considers appropriate, the following:
(A) Pilot training standards, including--
(i) mandatory training requirements,
including a minimum time for completing
the training requirements;
(ii) training subject areas, such as
communications procedures and
appropriate technology use; and
(iii) establishment of training
standards in--
(I) crew resource management;
(II) flight risk evaluation;
(III) operational control of
the pilot in command; and
(IV) use of flight simulation
training devices and line-
oriented flight training.
(B) Use of safety equipment that should be
worn or used by flight crewmembers and medical
personnel on a flight, including the possible
use of shoulder harnesses, helmets, seatbelts,
and fire resistant clothing to enhance crash
survivability.
[(2) Deadlines.--Not later than 180 days after the
date of issuance of a final rule under subsection (b),
the Administrator shall initiate the rulemaking under
this subsection.]
[(3)] (2) Limitation on construction.--Nothing in
this subsection shall be construed to require the
Administrator to propose or finalize any rule that
would derogate or supersede the rule required to be
finalized under subsection (b).
(f) Definitions.--In this section, the following definitions
apply:
(1) Part 135.--The term ``part 135'' means part 135
of title 14, Code of Federal Regulations.
(2) Part 135 certificate holder.--The term ``part 135
certificate holder'' means a person holding an
operating certificate issued under part 119 of title
14, Code of Federal Regulations, that is authorized to
conduct civil helicopter air ambulance operations under
part 135.
Sec. 44731. Collection of data on helicopter air ambulance operations
(a) In General.--The Administrator of the Federal Aviation
Administration shall require a part 135 certificate holder
providing helicopter air ambulance services to submit to the
Administrator, annually, a report containing, at a minimum, the
following data:
(1) The number of helicopters that the certificate
holder uses to provide helicopter air ambulance
services and the base locations of the helicopters.
(2) The number of hours flown by the helicopters
operated by the certificate holder.
(3) The number of patients transported and the number
of patient transport requests for a helicopter
providing air ambulance services that were accepted or
declined by the certificate holder and the type of each
such flight request (such as scene response,
interfacility transport, or organ transport).
(4) The number of accidents, if any, involving
helicopters operated by the certificate holder while
providing air ambulance services and a description of
the accidents.
(5) The number of hours flown under instrument flight
rules by helicopters operated by the certificate
holder.
(6) The number of hours flown at night by helicopters
operated by the certificate holder.
(7) The number of incidents, if any, in which a
helicopter was not directly dispatched and arrived to
transport patients but was not utilized for patient
transport.
(b) Reporting Period.--Data contained in a report submitted
by a part 135 certificate holder under subsection (a) shall
relate to such reporting period as the Administrator determines
appropriate.
(c) Database.--Not later than 180 days after the date of
enactment of this section, the Administrator shall develop a
method to collect and store the data collected under subsection
(a), including a method to protect the confidentiality of any
trade secret or proprietary information provided in response to
this section.
[(d) Report to Congress.--The Administrator 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 a report containing a
summary of the data collected under subsection (a). The report
shall include the number of accidents experienced by helicopter
air ambulance operations, the number of fatal accidents
experienced by helicopter air ambulance operations, and the
rate, per 100,000 flight hours, of accidents and fatal
accidents experienced by operators providing helicopter air
ambulance services.]
[(e)] (d) Implementation.--In carrying out this section, the
Administrator, in collaboration with part 135 certificate
holders providing helicopter air ambulance services, shall--
(1) propose and develop a method to collect and store
the data submitted under subsection (a), including a
method to protect the confidentiality of any trade
secret or proprietary information submitted; [and]
[(2) ensure that the database under subsection (c)
and the report under subsection (d) include data and
analysis that will best inform efforts to improve the
safety of helicopter air ambulance operations.]
(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.
[(f)] (e) Definitions.--In this section, the terms ``part
135'' and ``part 135 certificate holder'' have the meanings
given such terms in section 44730.
* * * * * * *
Sec. 44733. [Inspection] Oversight of repair stations located outside
the United States
(a) In General.--[Not later than 1 year after the date of
enactment of this section, the] The Administrator of the
Federal Aviation Administration shall establish and implement a
safety assessment system for all part 145 repair stations based
on the type, scope, and complexity of work being performed. The
system shall--
(1) ensure that repair stations located outside the
United States are subject to appropriate inspections
based on identified risks and consistent with existing
United States requirements;
(2) consider inspection results and findings
submitted by foreign civil aviation authorities
operating under a maintenance safety or maintenance
implementation agreement with the United States; and
(3) require all maintenance safety or maintenance
implementation agreements to provide an opportunity for
the Administration to conduct independent inspections
of [covered part 145 repair stations] part 145 repair
stations when safety concerns warrant such inspections.
(b) Notice to Congress of Negotiations.--The Administrator
shall notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than 30 days after initiating formal
negotiations with foreign aviation authorities or other
appropriate foreign government agencies on a new maintenance
safety or maintenance implementation agreement.
(c) Annual Report.--The Administrator shall publish an annual
report on the Administration's oversight of part 145 repair
stations and implementation of the safety assessment system
required under subsection (a). The report shall--
(1) describe in detail any improvements in the
Administration's ability to identify and track where
part 121 air carrier repair work is performed;
(2) include a staffing model to determine the best
placement of inspectors and the number of inspectors
needed;
(3) describe the training provided to inspectors; and
(4) include an assessment of the quality of
monitoring and surveillance by the Administration of
work performed by its inspectors and the inspectors of
foreign authorities operating under a maintenance
safety or maintenance implementation agreement.
(d) Alcohol and Controlled Substances Testing Program
Requirements.--
(1) In general.--The Secretary of State and the
Secretary of Transportation, acting jointly, shall
request the governments of foreign countries that are
members of the International Civil Aviation
Organization to establish international standards for
alcohol and controlled substances testing of persons
that perform safety-sensitive maintenance functions on
commercial air carrier aircraft.
(2) Application to part 121 aircraft work.--Not later
than 1 year after the date of enactment of this
section, the Administrator shall promulgate a proposed
rule requiring that all part 145 repair station
employees responsible for safety-sensitive maintenance
functions on part 121 air carrier aircraft are subject
to an alcohol and controlled substances testing program
determined acceptable by the Administrator and
consistent with the applicable laws of the country in
which the repair station is located.
(e) Annual Inspections.--The Administrator shall ensure that
part 145 repair stations located outside the United States are
inspected annually, without prior notice to such repair
stations, by Federal Aviation Administration safety inspectors,
without regard to where the station is located, in a manner
consistent with United States obligations under international
agreements and the applicable laws of the country in which the
repair station is located. [The Administrator may carry out
inspections in addition to the annual inspection required under
this subsection based on identified risks.] 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.
(f) Risk-Based Oversight.--
(1) In general.--Not later than 90 days after the
date of enactment of the FAA Extension, Safety, and
Security Act of 2016, the Administrator shall take
measures to ensure that the safety assessment system
established under subsection (a)--
(A) places particular consideration on
inspections of part 145 repair stations located
outside the United States that conduct
scheduled heavy maintenance work on part 121
air carrier aircraft; and
(B) accounts for the frequency and
seriousness of any corrective actions that part
121 air carriers must implement to aircraft
following such work at such repair stations.
(2) International agreements.--The Administrator
shall take the measures required under paragraph (1)--
(A) in accordance with United States
obligations under applicable international
agreements; and
(B) in a manner consistent with the
applicable laws of the country in which a
repair station is located.
(3) Access to data.--The Administrator may access and
review such information or data in the possession of a
part 121 air carrier as the Administrator may require
in carrying out paragraph (1)(B).
(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.
[(g)] (j) Definitions.--In this section, the following
definitions apply:
(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.
[(1)] (2) Heavy maintenance work.--The term ``heavy
maintenance work'' means a C-check, a D-check, or
equivalent maintenance operation with respect to the
airframe of a transport-category [aircraft] aircraft
(including on-wing aircraft engines).
[(2)] (3) Part 121 air carrier.--The term ``part 121
air carrier'' means an air carrier that holds a
certificate issued under part 121 of title 14, Code of
Federal Regulations.
[(3)] (4) Part 145 repair station.--The term ``part
145 repair station'' means a repair station that holds
a certificate issued under part 145 of title 14, Code
of Federal Regulations.
* * * * * * *
Sec. 44735. Limitation on disclosure of safety information
(a) In General.--Except as provided by subsection (c), a
report, data, or other information described in subsection (b)
shall not be disclosed to the public by the Administrator of
the Federal Aviation Administration pursuant to section
552(b)(3)(B) of title 5--
(1) if the report, data, or other information is
submitted to the Federal Aviation Administration
voluntarily and is not required to be submitted to the
Administrator under any other provision of law[; or];
(2) if the report, data, or other information is
submitted to the Federal Aviation Administration
pursuant to section 102(e) of the Aircraft
Certification, Safety, and Accountability Act[.]; or
(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.
(b) Applicability.--The limitation established by subsection
(a) shall apply to the following:
(1) Reports, data, or other information developed
under the Aviation Safety Action Program.
(2) Reports, data, or other information produced or
collected under the Flight Operational Quality
Assurance Program.
(3) Reports, data, or other information developed
under the Line Operations Safety Audit Program.
(4) Reports, data, or other information produced or
collected for purposes of developing and implementing a
safety management system acceptable to the
Administrator.
(5) Reports, analyses, and directed studies, based in
whole or in part on reports, data, or other information
described in paragraphs (1) through (4), including
those prepared under the Aviation Safety Information
Analysis and Sharing Program (or any successor
program).
(c) Exception for De-identified Information.--
(1) In general.--The limitation established by
subsection (a) shall not apply to a report, data, or
other information if the information contained in the
report, data, or other information has been de-
identified.
(2) De-identified defined.--In this subsection, the
term ``de-identified'' means the process by which all
information that is likely to establish the identity of
the specific persons or entities submitting reports,
data, or other information is removed from the reports,
data, or other information.
(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. 44736. Organization designation authorizations
(a) Delegations of Functions.--
(1) In general.--Except as provided in paragraph (3),
when overseeing an ODA holder, the Administrator of the
FAA shall--
(A) require, based on an application
submitted by the ODA holder and approved by the
Administrator (or the Administrator's
designee), a procedures manual that addresses
all procedures and limitations regarding the
functions to be performed by the ODA holder;
and
(B) conduct regular oversight activities by
inspecting the ODA holder's delegated functions
and taking action based on validated inspection
findings.
(2) Duties of oda holders.--An ODA holder shall--
(A) perform each specified function delegated
to the ODA holder in accordance with the
approved procedures manual for the delegation;
(B) make the procedures manual available to
each member of the appropriate ODA unit; and
(C) cooperate fully with oversight activities
conducted by the Administrator in connection
with the delegation.
(3) Existing oda holders.--With regard to an ODA
holder operating under a procedures manual approved by
the Administrator before the date of enactment of the
FAA Reauthorization Act of 2018, the Administrator
shall conduct regular oversight activities by
inspecting the ODA holder's delegated functions and
taking action based on validated inspection findings.
(b) ODA Office.--
(1) Establishment.--[Not later than 120 days after
the date of enactment of this section, the] The
Administrator of the FAA shall identify, within the FAA
Office of Aviation Safety, a centralized policy office
to be known as the Organization Designation
Authorization Office or the ODA Office.
(2) Purpose.--The purpose of the ODA Office shall be
to provide oversight and ensure the consistency of the
FAA's audit functions under the ODA program across the
FAA.
(3) Functions.--The ODA Office shall--
(A)(i) require, as appropriate, an ODA holder
to establish a corrective action plan to regain
authority for any retained limitations;
(ii) require, as appropriate, an ODA holder
to notify the ODA Office when all corrective
actions have been accomplished; and
(iii) when appropriate, make a reassessment
to determine if subsequent performance in
carrying out any retained limitation warrants
continued retention and, if such reassessment
determines performance meets objectives, lift
such limitation immediately;
(B) develop a more consistent approach to
audit priorities, procedures, and training
under the ODA program;
(C) review, in a timely fashion, a random
sample of limitations on delegated authorities
under the ODA program to determine if the
limitations are appropriate;
(D) ensure national consistency in the
interpretation and application of the
requirements of the ODA program, including any
limitations, and in the performance of the ODA
program;
(E) at the request of an ODA holder, review
and, when appropriate, approve new limitations
to ODA functions; [and]
(F) ensure the ODA holders procedures manual
contains procedures and policies based on best
practices established by the Administrator[.];
and
(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.
(c) Definitions.--In this section, the following definitions
apply:
(1) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(2) ODA holder.--The term ``ODA holder'' means an
entity authorized to perform functions pursuant to a
delegation made by the Administrator of the FAA under
section 44702(d).
(3) ODA unit.--The term ``ODA unit'' means a group of
2 or more individuals who perform, under the
supervision of an ODA holder, authorized functions
under an ODA.
(4) Organization.--The term ``organization'' means a
firm, partnership, corporation, company, association,
joint-stock association, or governmental entity.
(5) Organization designation authorization; oda.--The
term ``Organization Designation Authorization'' or
``ODA'' means an authorization by the FAA under section
44702(d) for an organization composed of 1 or more ODA
units to perform approved functions on behalf of the
FAA.
(d) Audits.--
(1) In general.--The Administrator shall perform a
periodic audit of each ODA unit and its procedures.
(2) Duration.--An audit required under paragraph (1)
shall be performed with respect to an ODA holder once
every 7 years (or more frequently as determined
appropriate by the Administrator).
(3) Records.--The ODA holder shall maintain, for a
period to be determined by the Administrator, a record
of--
(A) each audit conducted under this
subsection; and
(B) any corrective actions resulting from
each such audit.
(e) Federal Aviation Safety Advisors.--
(1) In general.--In the case of an ODA holder, the
Administrator shall assign FAA aviation safety
personnel with appropriate expertise to be advisors to
the ODA unit members that are authorized to make
findings of compliance on behalf of the Administrator.
The advisors shall--
(A) communicate with assigned unit members on
an ongoing basis to ensure that the assigned
unit members are knowledgeable of relevant FAA
policies and acceptable methods of compliance;
and
(B) monitor the performance of the assigned
unit members to ensure consistency with such
policies.
(2) Applicability.--Paragraph (1) shall only apply to
an ODA holder that is--
(A) a manufacturer that holds both a type and
a production certificate for--
(i) transport category airplanes with
a maximum takeoff gross weight greater
than 150,000 pounds; or
(ii) airplanes produced and delivered
to operators operating under part 121
of title 14, Code of Federal
Regulations, for air carrier service
under such part 121; or
(B) a manufacturer of engines for an airplane
described in subparagraph (A).
(f) Communication With the FAA.--Neither the Administrator
nor an ODA holder may prohibit--
(1) an ODA unit member from communicating with, or
seeking the advice of, the Administrator or FAA staff;
or
(2) the Administrator or FAA staff from communicating
with an ODA unit member.
(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).
Sec. 44737. Helicopter fuel system safety
(a) Prohibition.--
(1) In general.--A person may not operate a covered
[rotorcraft] helicopter in United States airspace
unless the design of the [rotorcraft] helicopter is
certified by the Administrator of the Federal Aviation
Administration to--
(A) comply with the requirements applicable
to the category of the [rotorcraft] helicopter
under paragraphs (1), (2), (3), (5), and (6) of
section 27.952(a), section 27.952(c), section
27.952(f), section 27.952(g), section 27.963(g)
(but allowing for a minimum puncture force of
250 pounds if successfully drop tested in-
structure), and section 27.975(b) or paragraphs
(1), (2), (3), (5), and (6) of section
29.952(a), section 29.952(c), section
29.952(f), section 29.952(g), section 29.963(b)
(but allowing for a minimum puncture force of
250 pounds if successfully drop tested in-
structure), and 29.975(a)(7) of title 14, Code
of Federal Regulations, as in effect on the
date of enactment of this section; or
(B) employ other means acceptable to the
Administrator to provide an equivalent level of
fuel system crash resistance.
(2) Covered rotorcraft defined.--In this subsection,
the term ``covered [rotorcraft] helicopter'' means a
[rotorcraft] helicopter not otherwise required to
comply with section 27.952, section 27.963, and section
27.975, or section 29.952, section 29.963, and section
29.975 of title 14, Code of Federal Regulations as in
effect on the date of enactment of this section for
which manufacture was completed, as determined by the
Administrator, on or after the date that is 18 months
after the date of enactment of this section.
(b) Administrative Provisions.--The Administrator shall--
(1) expedite the certification and validation of
United States and foreign type designs and retrofit
kits that improve fuel system crashworthiness; and
(2) not later than 180 days after the date of
enactment of this section, and periodically thereafter,
issue a bulletin to--
(A) inform [rotorcraft] helicopter owners and
operators of available modifications to improve
fuel system crashworthiness; and
(B) urge that such modifications be installed
as soon as practicable.
(c) Rule of Construction.--Nothing in this section may be
construed to affect the operation of a [rotorcraft] helicopter
by the Department of Defense.
(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. 44741. Approval of organization designation authorization unit
members
(a) In General.--Beginning January 1, 2022, each individual
who is selected on or after such date to become an ODA unit
member by an ODA holder engaged in the design of an aircraft,
aircraft engine, propeller, or appliance and performs an
authorized function pursuant to a delegation by the
Administrator of the Federal Aviation Administration under
section 44702(d)--
(1) shall be--
(A) an employee, a contractor, or a
consultant of the ODA holder; or
(B) the employee of a supplier of the ODA
holder; and
(2) may not become a member of such unit unless
approved by the Administrator pursuant to this section.
(b) Process and Timeline.--
(1) In general.--The Administrator shall maintain an
efficient process for the review and approval of an
individual to become an ODA unit member under this
section.
(2) Process.--An ODA holder described in subsection
(a) may submit to the Administrator an application for
an individual to be approved to become an ODA unit
member under this section. The application shall be
submitted in such form and manner as the Administrator
determines appropriate. The Administrator shall require
an ODA holder to submit with such an application
information sufficient to demonstrate an individual's
qualifications under subsection (c).
(3) Timeline.--The Administrator shall approve or
reject an individual that is selected by an ODA holder
to become an ODA unit member under this section not
later than 30 days after the receipt of an application
by an ODA holder.
(4) Documentation of approval.--Upon approval of an
individual to become an ODA unit member under this
section, the Administrator shall provide such
individual a letter confirming that such individual has
been approved by the Administrator under this section
to be an ODA unit member.
(5) Reapplication.--An ODA holder may submit an
application under this subsection for an individual to
become an ODA unit member under this section regardless
of whether an application for such individual was
previously rejected by the Administrator.
(c) Qualifications.--
(1) In general.--The Administrator shall issue
minimum qualifications for an individual to become an
ODA unit member under this section. In issuing such
qualifications, the Administrator shall consider
existing qualifications for Administration employees
with similar duties and whether such individual--
(A) is technically proficient and qualified
to perform the authorized functions sought;
(B) has no recent record of serious
enforcement action, as determined by the
Administrator, taken by the Administrator with
respect to any certificate, approval, or
authorization held by such individual;
(C) is of good moral character (as such
qualification is applied to an applicant for an
airline transport pilot certificate issued
under section 44703);
(D) possesses the knowledge of applicable
design or production requirements in this
chapter and in title 14, Code of Federal
Regulations, necessary for performance of the
authorized functions sought;
(E) possesses a high degree of knowledge of
applicable design or production principles,
system safety principles, or safety risk
management processes appropriate for the
authorized functions sought; and
(F) meets such testing, examination,
training, or other qualification standards as
the Administrator determines are necessary to
ensure the individual is competent and capable
of performing the authorized functions sought.
(2) Previously rejected application.--In reviewing an
application for an individual to become an ODA unit
member under this section, if an application for such
individual was previously rejected, the Administrator
shall ensure that the reasons for the prior rejection
have been resolved or mitigated to the Administrator's
satisfaction before making a determination on the
individual's reapplication.
(d) Rescission of Approval.--The Administrator may rescind an
approval of an individual as an ODA unit member granted
pursuant to this section at any time and for any reason the
Administrator considers appropriate. The Administrator shall
develop procedures to provide for notice and opportunity to
appeal rescission decisions made by the Administrator. Such
decisions by the Administrator are not subject to judicial
review.
(e) Conditional Selections.--
(1) In general.--Subject to the requirements of this
subsection, the Administrator may authorize an ODA
holder to conditionally designate an individual to
perform the functions of an ODA unit member for a
period of not more than 30 days (beginning on the date
an application for such individual is submitted under
subsection (b)(2)).
(2) Required determination.--The Administrator may
not make an authorization under paragraph (1) unless--
(A) the ODA holder has instituted, to the
Administrator's satisfaction, systems and
processes to ensure the integrity and
reliability of determinations by conditionally-
designated ODA unit members; and
(B) the ODA holder has instituted a safety
management system in accordance with
regulations issued by the Administrator under
section 102 of the Aircraft Certification,
Safety, and Accountability Act.
(3) Final determination.--The Administrator shall
approve or reject the application for an individual
designated under paragraph (1) in accordance with the
timeline and procedures described in subsection (b).
(4) Rejection and review.--If the Administrator
rejects the application submitted under subsection
(b)(2) for an individual conditionally designated under
paragraph (1), the Administrator shall review and
approve or disapprove any decision pursuant to any
authorized function performed by such individual during
the period such individual served as a conditional
designee.
(5) Prohibitions.--Notwithstanding the requirements
of paragraph (2), the Administrator may prohibit an ODA
holder from making conditional designations of
individuals as ODA unit members under this subsection
at any time for any reason the Administrator considers
appropriate. The Administrator may prohibit any
conditionally designated individual from performing an
authorized function at any time for any reason the
Administrator considers appropriate.
(f) Records and Briefings.--
(1) In general.--Beginning on the date described in
subsection (a), an ODA holder shall maintain, for a
period to be determined by the Administrator and with
proper protections to ensure the security of sensitive
and personal information--
(A) any data, applications, records, or
manuals required by the ODA holder's approved
procedures manual, as determined by the
Administrator;
(B) the names, responsibilities,
qualifications, and example signature of each
member of the ODA unit who performs an
authorized function pursuant to a delegation by
the Administrator under section 44702(d);
(C) training records for ODA unit members and
ODA administrators; and
(D) any other data, applications, records, or
manuals determined appropriate by the
Administrator.
(2) Congressional briefing.--[Not later than 90 days
after the date of enactment of this section, and every
90 days thereafter through September 30, 2023, the
Administrator shall provide a briefing] The
Administrator shall provide an annual briefing each
fiscal year through fiscal year 2028 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
and effects of this section, including--
(A) the Administration's performance in
completing reviews of individuals and approving
or denying such individuals within the timeline
required under subsection (b)(3);
(B) for any individual rejected by the
Administrator under subsection (b) during the
preceding 90-day period, the reasoning or basis
for such rejection; and
(C) any resource, staffing, or other
challenges within the Administration associated
with implementation of this section.
(g) Special Review of Qualifications.--
(1) In general.--Not later than 30 days after the
issuance of minimum qualifications under subsection
(c), the Administrator shall initiate a review of the
qualifications of each individual who on the date on
which such minimum qualifications are issued is an ODA
unit member of a holder of a type certificate for a
transport airplane to ensure such individual meets the
minimum qualifications issued by the Administrator
under subsection (c).
(2) Unqualified individual.--For any individual who
is determined by the Administrator not to meet such
minimum qualifications pursuant to the review conducted
under paragraph (1), the Administrator--
(A) shall determine whether the lack of
qualification may be remedied and, if so,
provide such individual with an action plan or
schedule for such individual to meet such
qualifications; or
(B) may, if the Administrator determines the
lack of qualification may not be remedied, take
appropriate action, including prohibiting such
individual from performing an authorized
function.
(3) Deadline.--The Administrator shall complete the
review required under paragraph (1) not later than 18
months after the date on which such review was
initiated.
(4) Savings clause.--An individual approved to become
an ODA unit member of a holder of a type certificate
for a transport airplane under subsection (a) shall not
be subject to the review under this subsection.
(h) Prohibition.--The Administrator may not authorize an
organization or ODA holder to approve an individual selected by
an ODA holder to become an ODA unit member under this section.
(i) Definitions.--
(1) General applicability.--The definitions contained
in section 44736(c) shall apply to this section.
(2) Transport airplane.--The term ``transport
airplane'' means a transport category airplane designed
for operation by an air carrier or foreign air carrier
type-certificated with a passenger seating capacity of
30 or more or an all-cargo or combi derivative of such
an airplane.
(j) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $3,000,000 for each
of fiscal years 2021 through 2023.
* * * * * * *
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--
(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.
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.
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, 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.
CHAPTER 448--UNMANNED AIRCRAFT SYSTEMS
Sec.
* * * * * * *
[44804. Small unmanned aircraft in the Arctic.]
44804. Unmanned aircraft in the Arctic.
* * * * * * *
[44806. Public unmanned aircraft systems.]
44806. Public unmanned aircraft systems and public safety use of
unmanned aircraft systems.
* * * * * * *
Sec. 44801. Definitions
In this chapter, the following definitions apply:
(1) Actively tethered unmanned aircraft system.--The
term ``actively tethered unmanned aircraft system''
means an unmanned aircraft system in which the unmanned
aircraft component--
(A) weighs 4.4 pounds or less, including
payload but not including the tether;
(B) is physically attached to a ground
station with a taut, appropriately load-rated
tether that provides continuous power to the
unmanned aircraft and is unlikely to be
separated from the unmanned aircraft; [and]
(C) is controlled and retrieved by such
ground station through physical manipulation of
the tether[.];
(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.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(3) Arctic.--The term ``Arctic'' means the United
States zone of the Chukchi Sea, Beaufort Sea, and
Bering Sea north of the Aleutian chain.
(4) Certificate of waiver; certificate of
authorization.--The terms ``certificate of waiver'' and
``certificate of authorization'' mean a Federal
Aviation Administration grant of approval for a
specific flight operation.
(5) Counter-UAS system.--The term ``counter-UAS
system'' means a system or device capable of lawfully
and safely disabling, disrupting, or seizing control of
an unmanned aircraft or unmanned aircraft system.
(6) Permanent areas.--The term ``permanent areas''
means areas on land or water that provide for launch,
recovery, and operation of small unmanned aircraft.
(7) Public unmanned aircraft system.--The term
``public unmanned aircraft system'' means an unmanned
aircraft system that meets the qualifications and
conditions required for operation of a public aircraft.
(8) Sense and avoid capability.--The term ``sense and
avoid capability'' means the capability of an unmanned
aircraft to remain a safe distance from and to avoid
collisions with other airborne aircraft, structures on
the ground, and other objects.
(9) Small unmanned aircraft.--The term ``small
unmanned aircraft'' means an unmanned aircraft weighing
less than 55 pounds, including the weight of anything
attached to or carried by the aircraft.
(10) Test range.--The term ``test range'' means a
defined geographic area where research and development
are conducted as authorized by the Administrator of the
Federal Aviation Administration, and includes [any of
the 6 test ranges established by the Administrator
under section 332(c) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note), as in effect
on the day before the date of enactment of the FAA
Reauthorization Act of 2018, and any public entity
authorized by the Federal Aviation Administration as an
unmanned aircraft system flight test center before
January 1, 2009] the test ranges established by the
Administrator under section 44803.
(11) Unmanned aircraft.--The term ``unmanned
aircraft'' means an aircraft that is operated without
the possibility of direct human intervention from
within or on the aircraft.
(12) Unmanned aircraft system.--The term ``unmanned
aircraft system'' means an unmanned aircraft and
associated elements (including communication links and
the components that control the unmanned aircraft) that
are required for the operator to operate safely and
efficiently in the national airspace system.
(13) UTM.--The term ``UTM'' means an unmanned
aircraft system traffic management system or service.''
* * * * * * *
[Sec. 44803. Unmanned aircraft test ranges
[(a) In General.--The Administrator of the Federal Aviation
Administration shall carry out and update, as appropriate, a
program for the use of the test ranges to facilitate the safe
integration of unmanned aircraft systems into the national
airspace system.
[(b) Program Requirements.--In carrying out the program under
subsection (a), the Administrator shall--
[(1) designate airspace for safely testing the
integration of unmanned flight operations in the
national airspace system;
[(2) develop operational standards and air traffic
requirements for unmanned flight operations at test
ranges;
[(3) coordinate with, and leverage the resources of,
the National Aeronautics and Space Administration and
the Department of Defense;
[(4) address both civil and public unmanned aircraft
systems;
[(5) ensure that the program is coordinated with
relevant aspects of the Next Generation Air
Transportation System;
[(6) provide for verification of the safety of
unmanned aircraft systems and related navigation
procedures as it relates to continued development of
standards for integration into the national airspace
system;
[(7) engage test range operators, as necessary and
within available resources, in projects for research,
development, testing, and evaluation of unmanned
aircraft systems to facilitate the Federal Aviation
Administration's development of standards for the safe
integration of unmanned aircraft into the national
airspace system, which may include solutions for--
[(A) developing and enforcing geographic and
altitude limitations;
[(B) providing for alerts by the manufacturer
of an unmanned aircraft system regarding any
hazards or limitations on flight, including
prohibition on flight as necessary;
[(C) sense and avoid capabilities;
[(D) beyond-visual-line-of-sight operations,
nighttime operations, operations over people,
operation of multiple small unmanned aircraft
systems, and unmanned aircraft systems traffic
management, or other critical research
priorities; and
[(E) improving privacy protections through
the use of advances in unmanned aircraft
systems technology;
[(8) coordinate periodically with all test range
operators to ensure test range operators know which
data should be collected, what procedures should be
followed, and what research would advance efforts to
safely integrate unmanned aircraft systems into the
national airspace system;
[(9) streamline to the extent practicable the
approval process for test ranges when processing
unmanned aircraft certificates of waiver or
authorization for operations at the test sites;
[(10) require each test range operator to protect
proprietary technology, sensitive data, or sensitive
research of any civil or private entity when using that
test range without the need to obtain an experimental
or special airworthiness certificate;
[(11) allow test range operators to receive Federal
funding, other than from the Federal Aviation
Administration, including in-kind contributions, from
test range participants in the furtherance of research,
development, and testing objectives.
[(c) Waivers.--In carrying out this section the Administrator
may waive the requirements of section 44711 of title 49, United
States Code, including related regulations, to the extent
consistent with aviation safety.
[(d) Review of Operations by Test Range Operators.--The
operator of each test range under subsection (a) shall--
[(1) review the operations of unmanned aircraft
systems conducted at the test range, including--
[(A) ongoing or completed research; and
[(B) data regarding operations by private and
public operators; and
[(2) submit to the Administrator, in such form and
manner as specified by the Administrator, the results
of the review, including recommendations to further
enable private research and development operations at
the test ranges that contribute to the Federal Aviation
Administration's safe integration of unmanned aircraft
systems into the national airspace system, on a
quarterly basis until the program terminates.
[(e) Testing.--The Secretary of Transportation may authorize
an operator of a test range described in subsection (a) to
administer testing requirements established by the
Administrator for unmanned aircraft systems operations.
[(f) Collaborative Research and Development Agreements.--The
Administrator may use the other transaction authority under
section 106(l)(6) and enter into collaborative research and
development agreements, to direct research related to unmanned
aircraft systems, including at any test range under subsection
(a), and in coordination with the Center of Excellence for
Unmanned Aircraft Systems.
[(g) Use of Center of Excellence for Unmanned Aircraft
Systems.--The Administrator, in carrying out research necessary
to implement the consensus safety standards requirements in
section 44805 shall, to the maximum extent practicable,
leverage the research and testing capacity and capabilities of
the Center of Excellence for Unmanned Aircraft Systems and the
test ranges.
[(h) Termination.--The program under this section shall
terminate on September 30, 2023.]
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 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.
Sec. 44804. [Small unmanned] Unmanned aircraft in the Arctic
(a) In General.--The Secretary of Transportation shall
develop a plan and initiate a process to work with relevant
Federal agencies and national and international communities to
designate permanent areas in the Arctic where [small] unmanned
aircraft may operate 24 hours per day for research and
commercial purposes.
(b) Plan Contents.--The plan under subsection (a) shall
include the development of processes to facilitate the safe
operation of [small] unmanned aircraft beyond the visual line
of sight.
(c) Requirements.--Each permanent area designated under
subsection (a) shall enable over-water flights from the surface
to at least 2,000 feet in altitude, with ingress and egress
routes from selected coastal launch sites.
(d) Agreements.--To implement the plan under subsection (a),
the Secretary may enter into an agreement with relevant
national and international communities.
(e) Aircraft Approval.--
(1) In general.--Subject to paragraph (2), not later
than 1 year after the entry into force of an agreement
necessary to effectuate the purposes of this section,
the Secretary shall work with relevant national and
international communities to establish and implement a
process for approving the use of a [small] unmanned
aircraft in the designated permanent areas in the
Arctic without regard to whether the [small] unmanned
aircraft is used as a public aircraft, a civil
aircraft, or a model aircraft.
(2) Existing process.--The Secretary may implement an
existing process to meet the requirements under
paragraph (1).
* * * * * * *
Sec. 44806. Public unmanned aircraft systems and public safety use of
unmanned aircraft systems
(a) Guidance.--The Secretary of Transportation shall issue
guidance regarding the operation of a public unmanned aircraft
system--
(1) to streamline and expedite the process for the
issuance of a certificate of authorization or a
certificate of waiver;
(2) to facilitate the capability of public agencies
to develop and use test ranges, subject to operating
restrictions required by the Federal Aviation
Administration, to test and operate public unmanned
aircraft systems; and
(3) to provide guidance on a public agency's
responsibilities when operating an unmanned aircraft
without a civil airworthiness certificate issued by the
Administration.
(b) Agreements With Government Agencies.--
(1) In general.--The Secretary shall enter into an
agreement with each appropriate public agency to
simplify the process for issuing a certificate of
waiver or a certificate of authorization with respect
to an application for authorization to operate a public
unmanned aircraft system in the national airspace
system.
(2) Contents.--An agreement under paragraph (1)
shall--
(A) with respect to an application described
in paragraph (1)--
(i) provide for an expedited review
of the application;
(ii) require a decision by the
Administrator on approval or
disapproval not later than 60 business
days after the date of submission of
the application; and
(iii) allow for an expedited appeal
if the application is disapproved;
(B) allow for a one-time approval of similar
operations carried out during a fixed period of
time; and
(C) allow a government public safety agency
to operate an unmanned aircraft weighing 4.4
pounds or less if that unmanned aircraft is
operated--
(i) within or beyond the visual line
of sight of the operator;
(ii) less than 400 feet above the
ground;
(iii) during daylight conditions;
(iv) within Class G airspace; and
(v) outside of 5 statute miles from
any airport, heliport, seaplane base,
spaceport, or other location with
aviation activities.
(c) Public Safety Use of Actively Tethered Unmanned Aircraft
Systems.--
(1) In general.--[Not later than 180 days after the
date of enactment of this Act, the] The Administrator
of the Federal Aviation Administration shall [permit
the use of] permit, and may issue guidance regarding,
the use of [public] actively tethered unmanned aircraft
systems by a public safety organization for such
systems that are--
[(A) operated at an altitude of less than 150
feet above ground level;
[(B) operated--
[(i) within class G airspace; or
[(ii) at or below the ceiling
depicted on the Federal Aviation
Administration's published UAS facility
maps for class B, C, D, or E surface
area airspace;]
(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;
[(C)] (B) not flown directly over non-
participating persons;
[(D)] (C) operated within visual line of
sight of the operator; and
[(E)] (D) operated in a manner that does not
interfere with and gives way to any other
aircraft.
(2) Requirements.--Public actively tethered unmanned
aircraft systems may be operated--
(A) without any requirement to obtain a
certificate of authorization, certificate of
waiver, or other approval by the Federal
Aviation Administration;
(B) without requiring airman certification
under section 44703 of this title or any rule
or regulation relating to airman certification;
and
(C) without requiring airworthiness
certification under section 44704 of this title
or any rule or regulation relating to aircraft
certification.
(3) Safety standards.--[Public actively] Actively
tethered unmanned aircraft systems operated within the
scope of the guidance issued pursuant to paragraph (1)
shall be exempt from the requirements of section 44805
of this title.
(4) Savings provision.--Nothing in this subsection
shall be construed to preclude the Administrator of the
Federal Aviation Administration from issuing new
regulations for public actively tethered unmanned
aircraft systems in order to ensure the safety of the
national airspace system.
(d) Federal Agency Coordination to Enhance the Public Health
and Safety Capabilities of Public Unmanned Aircraft Systems.--
The Administrator shall assist Federal civilian Government
agencies that operate unmanned aircraft systems within civil-
controlled airspace, in operationally deploying and integrating
sense and avoid capabilities, as necessary to operate unmanned
aircraft systems safely within the national airspace system.
(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.
Sec. 44807. Special authority for certain unmanned aircraft systems
(a) In General.--Notwithstanding any other requirement of
this chapter or chapter 447, [the Secretary of Transportation]
the Administrator of the Federal Aviation Administration shall
use a risk-based approach to determine [if certain] how
unmanned aircraft systems may operate safely in the national
airspace system notwithstanding completion of the comprehensive
plan and rulemaking required by section 44802 or the guidance
required by section 44806.
(b) Assessment of Unmanned Aircraft Systems.--In making the
determination under subsection (a), [the Secretary] the
Administrator shall determine, at a minimum--
(1) [which types of unmanned aircraft systems, if
any, as a result of their size] how the unmanned
aircraft, as a result of such aircraft's size, weight,
speed, operational capability, proximity to airports
and populated areas, operation over people, and
operation within or beyond the visual line of sight, or
operation during the day or night, [do not create] does
not create a hazard to users of the national airspace
system or the public; and
(2) whether a certificate under section 44703 or
section 44704 of this title, or a certificate of waiver
or certificate of authorization, is required for the
operation of unmanned aircraft systems identified under
paragraph (1) of this subsection.
[(c) Requirements for Safe Operation.--If the Secretary
determines under this section that certain unmanned aircraft
systems may operate safely in the national airspace system, the
Secretary shall establish requirements for the safe operation
of such aircraft systems in the national airspace system,
including operation related to research, development, and
testing of proprietary systems.]
(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.
(d) Sunset.--The authority under this section for the
Secretary to determine if certain unmanned aircraft systems may
operate safely in the national airspace system terminates
effective September 30, [2023] 2033.
(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. 44809. Exception for limited recreational operations of unmanned
aircraft
(a) In General.--Except as provided in subsection (e), and
notwithstanding chapter 447 of title 49, United States Code, a
person may operate a small unmanned aircraft without specific
certification or operating authority from the Federal Aviation
Administration if the operation adheres to all of the following
limitations:
(1) The aircraft is flown strictly for recreational
purposes.
(2) The aircraft is operated in accordance with or
within the programming of a community-based
organization's set of safety guidelines that are
developed in coordination with the Federal Aviation
Administration.
(3) The aircraft is flown within the visual line of
sight of the person operating the aircraft or a visual
observer co-located and in direct communication with
the operator.
(4) The aircraft is operated in a manner that does
not interfere with and gives way to any manned
aircraft.
(5) In 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, the
operator obtains prior authorization from the
Administrator or designee before operating and complies
with all airspace restrictions and prohibitions.
[(6) 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 restrictions and
prohibitions.]
(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.
(7) The operator has passed an aeronautical knowledge
and safety test described in subsection (g) and
maintains proof of test passage to be made available to
the Administrator or law enforcement upon request.
(8) The aircraft is registered and marked in
accordance with chapter 441 of this title and proof of
registration is made available to the Administrator or
a designee of the Administrator or law enforcement upon
request.
(b) Other Operations.--Unmanned aircraft operations that do
not conform to the limitations in subsection (a) must comply
with all statutes and regulations generally applicable to
unmanned aircraft and unmanned aircraft systems.
[(c) Operations at Fixed Sites.--
[(1) Operating procedure required.--Persons operating
unmanned aircraft under subsection (a) 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 conducting a sanctioned
event 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.
[(2) Unmanned aircraft weighing more than 55
pounds.--A person may operate an unmanned aircraft
weighing more than 55 pounds, including the weight of
anything attached to or carried by the aircraft, under
subsection (a) 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).]
(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
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.
(d)(d) [Updates.]Savings clause.--
[(1) In general.--The Administrator, in consultation
with government, stakeholders, and community-based
organizations, shall initiate a process to periodically
update the operational parameters under subsection (a),
as appropriate.
[(2) Considerations.--In updating an operational
parameter under paragraph (1), the Administrator shall
consider--
[(A) appropriate operational limitations to
mitigate risks to aviation safety and national
security, including risk to the uninvolved
public and critical infrastructure;
[(B) operations outside the membership,
guidelines, and programming of a community-
based organization;
[(C) physical characteristics, technical
standards, and classes of aircraft operating
under this section;
[(D) trends in use, enforcement, or incidents
involving unmanned aircraft systems;
[(E) ensuring, to the greatest extent
practicable, that updates to the operational
parameters correspond to, and leverage,
advances in technology; and
[(F) equipage requirements that facilitate
safe, efficient, and secure operations and
further integrate all unmanned aircraft into
the national airspace system.]
[(3) Savings clause.--]Nothing in this subsection
shall be construed as expanding the authority of the
Administrator to require a person operating an unmanned
aircraft under this section to seek permissive
authority of the Administrator, beyond that required in
[subsection (a) of] this section, prior to operation in
the national airspace system.
(e) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
an enforcement action against a person operating any unmanned
aircraft who endangers the safety of the national airspace
system.
(f) Exceptions.--Nothing in this section prohibits the
Administrator from promulgating rules generally applicable to
unmanned aircraft, including those unmanned aircraft eligible
for the exception set forth in this section, relating to--
(1) [updates to] the operational parameters for
unmanned aircraft in subsection (a);
(2) the registration and marking of unmanned
aircraft;
(3) the standards for remotely identifying owners and
operators of unmanned aircraft systems and associated
unmanned aircraft; and
(4) other standards consistent with maintaining the
safety and security of the national airspace system.
(g) Aeronautical Knowledge and Safety Test.--
[(1) In general.--Not later than 180 days after the
date of enactment of this section, the Administrator,
in consultation with manufacturers of unmanned aircraft
systems, other industry stakeholders, and community-
based organizations, shall develop an aeronautical
knowledge and safety test, which can then be
administered electronically by the Administrator, a
community-based organization, or a person designated by
the Administrator.]
(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.
(2) Requirements.--The Administrator shall ensure the
aeronautical knowledge and safety test is designed to
adequately demonstrate an operator's--
(A) understanding of aeronautical safety
knowledge; and
(B) knowledge of Federal Aviation
Administration regulations and requirements
pertaining to the operation of an unmanned
aircraft system in the national airspace
system.
(h) Community-based Organization Defined.--In this section,
the term ``community-based organization'' means a membership-
based association entity that--
(1) is recognized by the Administrator of the Federal
Aviation Administration;
[(1)] (2) is described in section 501(c)(3) of the
Internal Revenue Code of 1986;
[(2)] (3) is exempt from tax under section 501(a) of
the Internal Revenue Code of 1986;
[(3)] (4) the mission of which is demonstrably the
furtherance of model aviation;
[(4)] (5) provides a comprehensive set of safety
guidelines for all aspects of model aviation addressing
the assembly and operation of model aircraft and that
emphasize safe aeromodelling operations within the
national airspace system and the protection and safety
of individuals and property on the ground, and may
provide a comprehensive set of safety rules and
programming for the operation of unmanned aircraft that
have the advanced flight capabilities enabling active,
sustained, and controlled navigation of the aircraft
beyond visual line of sight of the operator;
[(5)] (6) provides programming and support for any
local charter organizations, affiliates, or clubs; and
[(6)] (7) provides assistance and support in the
development and operation of locally designated model
aircraft flying sites.
(i) Recognition of Community-based Organizations.--In
collaboration with aeromodelling stakeholders, the
Administrator shall publish an advisory circular within 180
days of the date of enactment of this section that identifies
the criteria and process required for recognition of community-
based organizations.
Sec. 44810. Airport safety and airspace hazard mitigation and
enforcement
(a) Coordination.--The Administrator of the Federal Aviation
Administration shall work with the Secretary of Defense, the
Secretary of Homeland Security, and the heads of other relevant
Federal departments and agencies for the purpose of ensuring
that technologies or systems that are developed, tested, or
deployed by Federal departments and agencies to detect and
mitigate potential risks posed by errant or hostile unmanned
aircraft system operations do not adversely impact or interfere
with safe airport operations, navigation, air traffic services,
or the safe and efficient operation of the national airspace
system.
(b) Plan.--
(1) In general.--The Administrator shall develop a
plan for the certification, permitting, authorizing, or
allowing of the deployment of technologies or systems
for the detection and mitigation of unmanned aircraft
systems.
(2) Contents.--The plan shall provide for the
development of policies, procedures, or protocols that
will allow appropriate officials of the Federal
Aviation Administration to utilize such technologies or
systems to take steps to detect and mitigate potential
airspace safety risks posed by unmanned aircraft system
operations.
(3) Aviation rulemaking committee.--The Administrator
shall charter an aviation rulemaking committee to make
recommendations for such a plan and any standards that
the Administrator determines may need to be developed
with respect to such technologies or systems. The
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to an aviation rulemaking committee chartered
under this paragraph.
(4) Non-delegation.--The plan shall not delegate any
authority granted to the Administrator under this
section to other Federal, State, local, territorial, or
tribal agencies, or an airport sponsor, as defined in
section 47102 of title 49, United States Code.
(c) Airspace Hazard Mitigation Program.--In order to test and
evaluate technologies or systems that detect and mitigate
potential aviation safety risks posed by unmanned aircraft, the
Administrator shall deploy such technologies or systems at 5
airports, including 1 airport that ranks in the top 10 of the
FAA's most recent Passenger Boarding Data.
(d) Authority.--Under the testing and evaluation in
subsection (c), the Administrator shall use unmanned aircraft
detection and mitigation systems to detect and mitigate the
unauthorized operation of an unmanned aircraft that poses a
risk to aviation safety.
(e) Aip Funding Eligibility.--Upon the certification,
permitting, authorizing, or allowing of such technologies and
systems that have been successfully tested under this section,
an airport sponsor may apply for a grant under subchapter I of
chapter 471 to purchase an unmanned aircraft detection and
mitigation system. For purposes of this subsection, purchasing
an unmanned aircraft detection and mitigation system shall be
considered airport development (as defined in section 47102).
(f) Briefing.--The Administrator shall annually brief the
appropriate committees of Congress, including the Committee on
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate, on the implementation of this
section.
(g) Applicability of Other Laws.--Section 46502 of this
title, section 32 of title 18, United States Code (commonly
known as the Aircraft Sabotage Act), section 1031 of title 18,
United States Code (commonly known as the Computer Fraud and
Abuse Act of 1986),1 sections 2510-2522 of title 18,
United States Code (commonly known as the Wiretap Act), and
sections 3121-3127 of title 18, United States Code (commonly
known as the Pen/Trap Statute), shall not apply to activities
authorized by the Administrator pursuant to subsection (c) and
(d).
(h) Sunset.--This section ceases to be effective September
30, [2023] 2028.
(i) Non-delegation.--The Administrator shall not delegate any
authority granted to the Administrator under this section to
other Federal, State, local, territorial, or tribal agencies,
or an airport sponsor, as defined in section 47102 of title 49,
United States Code. The Administrator may partner with other
Federal agencies under this section, subject to any
restrictions contained in such agencies' authority to operate
counter unmanned aircraft systems.
CHAPTER 449--SECURITY
* * * * * * *
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 44918. Crew training
(a) Basic Security Training.--
(1) In general.--Each air carrier providing scheduled
passenger air transportation shall carry out a training
program for flight and cabin crew members to prepare
the crew members for potential threat conditions.
(2) Program elements.--An air carrier training
program under this subsection shall include, at a
minimum, elements that address each of the following:
(A) Recognizing suspicious activities and
determining the seriousness of any occurrence.
(B) Crew communication and coordination.
(C) The proper commands to give passengers
and attackers.
(D) Appropriate responses to defend oneself.
(E) Use of protective devices assigned to
crew members (to the extent such devices are
required by the Administrator of the Federal
Aviation Administration or the Administrator of
the Transportation Security Administration).
(F) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
(G) Situational training exercises regarding
various threat conditions.
(H) Flight deck procedures or aircraft
maneuvers to defend the aircraft and cabin crew
responses to such procedures and maneuvers.
(I) The proper conduct of a cabin search,
including explosive device recognition.
(J) Any other subject matter considered
appropriate by the Administrator of the
Transportation Security Administration.
(3) Approval.--An air carrier training program under
this subsection shall be subject to approval by the
Administrator of the Transportation Security
Administration.
(4) Minimum standards.--The Administrator of the
Transportation Security Administration may establish
minimum standards for the training provided under this
subsection and for recurrent training.
(5) Existing programs.--Notwithstanding paragraphs
(3) and (4), any training program of an air carrier to
prepare flight and cabin crew members for potential
threat conditions that was approved by the
Administrator or the Administrator of the
Transportation Security Administration before December
12, 2003, may continue in effect until disapproved or
ordered modified by the Administrator of the
Transportation Security Administration.
(6) Monitoring.--The Administrator of the
Transportation Security Administration, in consultation
with the Administrator, shall monitor air carrier
training programs under this subsection and
periodically shall review an air carrier's training
program to ensure that the program is adequately
preparing crew members for potential threat conditions.
In determining when an air carrier's training program
should be reviewed under this paragraph, the
Administrator of the Transportation Security
Administration shall consider complaints from crew
members. The Administrator of the Transportation
Security Administration shall ensure that employees
responsible for monitoring the training programs have
the necessary resources and knowledge.
(7) Updates.--The Administrator of the Transportation
Security Administration, in consultation with the
Administrator, shall order air carriers to modify
training programs under this subsection to reflect new
or different security threats.
(b) Advanced Self-Defense Training.--
(1) In general.--The Administrator of the
Transportation Security Administration shall develop
and provide a voluntary training program for flight and
cabin crew members of air carriers providing scheduled
passenger air transportation.
(2) Program elements.--The training program under
this subsection shall include both classroom and
effective hands-on training in the following elements
of self-defense:
(A) Deterring a passenger who might present a
threat.
(B) Advanced control, striking, and restraint
techniques.
(C) Training to defend oneself against edged
or contact weapons.
(D) Methods to subdue and restrain an
attacker.
(E) Use of available items aboard the
aircraft for self-defense.
(F) Appropriate and effective responses to
defend oneself, including the use of force
against an attacker.
(G) Any other element of training that the
Administrator of the Transportation Security
Administration considers appropriate.
(3) Participation not required.--A crew member shall
not be required to participate in the training program
under this subsection.
(4) Compensation.--[Neither] Except as provided in
paragraph (8), neither the Federal Government nor an
air carrier shall be required to compensate a crew
member for participating in the training program under
this subsection.
(5) Fees.--A crew member shall not be required to pay
a fee for the training program under this subsection.
(6) Consultation.--In developing the training program
under this subsection, the Administrator of the
Transportation Security Administration shall consult
with law enforcement personnel and security experts who
have expertise in self-defense training, terrorism
experts, representatives of air carriers, the director
of self-defense training in the Federal Air Marshal
Service, flight attendants, labor organizations
representing flight attendants, and educational
institutions offering law enforcement training
programs.
(7) Designation of tsa official.--The Administrator
of the Transportation Security Administration shall
designate an official in the Transportation Security
Administration to be responsible for implementing the
training program under this subsection. The official
shall consult with air carriers and labor organizations
representing crew members before implementing the
program to ensure that it is appropriate for situations
that may arise on board an aircraft during a flight.
(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.
(c) Limitation.--Actions by crew members under this section
shall be subject to the provisions of section 44903(k).
CHAPTER 453--FEES
Sec.
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45306. Manual surcharge.
45307. Exemption of fees for traffic services.
Sec. 45301. General provisions
(a) Schedule of Fees.--[The Administrator shall establish]
The Administrator of the Federal Aviation Administration shall
establish a schedule of new fees, and a collection process for
such fees, for the following services provided by the
Administration:
(1) Air traffic control and related services provided
to aircraft other than military and civilian aircraft
of the United States Government or of a foreign
government that neither take off from, nor land in, the
United States.
(2) Services (other than air traffic control
services) provided to a foreign government or services
provided to any entity obtaining services outside the
United States, except that the Administrator shall not
impose fees in any manner for production-certification
related service performed outside the United States
pertaining to aeronautical products manufactured
outside the United States.
(b) Establishment and Adjustment of Fees.--
(1) In general.--In establishing and adjusting fees
under this section, the Administrator shall ensure that
the fees are reasonably related to the Administration's
costs, as determined by the Administrator, of providing
the services rendered.
(2) Services for which costs may be recovered.--
Services for which costs may be recovered under this
section include the costs of air traffic control,
navigation, weather services, training, and emergency
services that are available to facilitate safe
transportation over the United States and the costs of
other services provided by the Administrator, or by
programs financed by the Administrator, to flights that
neither take off nor land in the United States.
(3) Limitations on judicial review.--Notwithstanding
section 702 of title 5 or any other provision of law,
the following actions and other matters shall not be
subject to judicial review:
(A) The establishment or adjustment of a fee
by the Administrator under this section.
(B) The validity of a determination of costs
by the Administrator under paragraph (1), and
the processes and procedures applied by the
Administrator when reaching such determination.
(C) An allocation of costs by the
Administrator under paragraph (1) to services
provided, and the processes and procedures
applied by the Administrator when establishing
such allocation.
(4) Aircraft altitude.--Nothing in this section shall
require the Administrator to take into account aircraft
altitude in establishing any fee for aircraft
operations in en route or oceanic airspace.
(5) Costs defined.--In this subsection, the term
``costs'' includes operation and maintenance costs,
leasing costs, and overhead expenses associated with
the services provided and the facilities and equipment
used in providing such services.
(c) Use of Experts and Consultants.--In developing the
system, the Administrator may consult with such nongovernmental
experts as the Administrator may employ and the Administrator
may utilize the services of experts and consultants under
section 3109 of title 5 without regard to the limitation
imposed by the last sentence of section 3109(b) of such title,
and may contract on a sole source basis, notwithstanding any
other provision of law to the contrary. Notwithstanding any
other provision of law to the contrary, the Administrator may
retain such experts under a contract awarded on a basis other
than a competitive basis and without regard to any such
provisions requiring competitive bidding or precluding sole
source contract authority.
(d) Production-Certification Related Service Defined.--In
this section, the term ``production-certification related
service'' has the meaning given that term in appendix C of part
187 of title 14, Code of Federal Regulations.
(e) Adjustment of Fees.--In addition to adjustments under
subsection (b), the Administrator may periodically adjust the
fees established under this section.
* * * * * * *
Sec. 45303. Administrative provisions
(a) Fees Payable to Administrator.--All fees imposed and
amounts collected under this chapter for services performed, or
materials furnished, by the Federal Aviation Administration are
payable to the Administrator of the Federal Aviation
Administration.
(b) Refunds.--The Administrator may refund any fee paid by
mistake or any amount paid in excess of that required.
(c) Receipts Credited to Account.--Notwithstanding section
3302 of title 31, all fees and amounts collected by the
Administration, except insurance premiums and other fees
charged for the provision of insurance and deposited in the
Aviation Insurance Revolving Fund and interest earned on
investments of such Fund, and except amounts which on September
30, 1996, are required to be credited to the general fund of
the Treasury (whether imposed under this section or not)--
(1) shall be credited to a separate account
established in the Treasury and made available for
Administration activities;
(2) shall be available immediately for expenditure
but only for congressionally authorized and intended
purposes; and
(3) shall remain available until expended.
(d) Annual Budget Report by Administrator.--The Administrator
shall, on the same day each year as the President submits the
annual budget to Congress, provide to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
(1) a list of fee collections by the Administration
during the preceding fiscal year;
(2) a list of activities by the Administration during
the preceding fiscal year that were supported by fee
expenditures and appropriations;
(3) budget plans for significant programs, projects,
and activities of the Administration, including out-
year funding estimates;
(4) any proposed disposition of surplus fees by the
Administration; and
(5) such other information as those committees
consider necessary.
(e) Development of Cost Accounting System.--The
Administration shall develop a cost accounting system that
adequately and accurately reflects the investments, operating
and overhead costs, revenues, and other financial measurement
and reporting aspects of its operations.
(f) Compensation to Carriers for Acting as Collection
Agents.--The Administration shall prescribe regulations to
ensure that any air carrier required, pursuant to the Air
Traffic Management System Performance Improvement Act of 1996
or any amendments made by that Act, to collect a fee imposed on
another party by the Administrator may collect from such other
party an additional uniform amount that the Administrator
determines reflects the necessary and reasonable expenses (net
of interest accruing to the carrier after collection and before
remittance) incurred in collecting and handling the fee.
(g) Data Transparency.--
(1) Air traffic services initial data report.--
(A) Initial report.--Not later than 6 months
after the date of enactment of the FAA
Reauthorization Act of 2018, the Administrator
and the Chief Operating Officer of the Air
Traffic Organization shall, based upon the most
recently available full fiscal year data,
complete the following calculations for each
segment of air traffic services users:
(i) The total costs allocable to the
use of air traffic services for that
segment during such fiscal year.
(ii) The total revenues received from
that segment during such fiscal year.
(B) Validation of model.--
(i) Review and determination.--Not
later than 3 months after completion of
the initial report required under
subparagraph (A), the inspector general
of the Department of Transportation
shall review and determine the validity
of the model used by the Administrator
and the Chief Operating Officer to
complete the calculations required
under subparagraph (A).
(ii) Validation process.--In the
event that the inspector general
determines that the model used by the
Administrator and the Chief Operating
Officer to complete the calculations
required by subparagraph (A) is not
valid--
(I) the inspector general
shall provide the Administrator
and Chief Operating Officer
recommendations on how to
revise the model;
(II) the Administrator and
the Chief Operating Officer
shall complete the calculations
required by subparagraph (A)
utilizing the revised model and
resubmit the revised initial
report required under
subparagraph (A) to the
inspector general; and
(III) not later than 3 months
after completion of the revised
initial report required under
subparagraph (A), the inspector
general shall review and
determine the validity of the
revised model used by the
Administrator and the Chief
Operating Officer to complete
the calculations required by
subparagraph (A).
(iii) Access to data.--The
Administrator and the Chief Operating
Officer shall provide the inspector
general of the Department of
Transportation with unfettered access
to all data produced by the cost
accounting system operated and
maintained pursuant to subsection (e).
(C) Report to congress.--Not later than 60
days after completion of the review and
receiving a determination that the model used
is valid under subparagraph (B), the
Administrator and the Chief Operating Officer
shall submit to the Committee on Transportation
and Infrastructure, the Committee on
Appropriations, and the Committee on Ways and
Means of the House of Representatives, and the
Committee on Commerce, Science, and
Transportation, the Committee on
Appropriations, and the Committee on Finance of
the Senate a report describing the results of
the calculations completed under subparagraph
(A).
(D) Publication.--Not later than 60 days
after submission of the report required under
subparagraph (C), the Administrator and Chief
Operating Officer shall publish the initial
report, including any revision thereto if
required as a result of the validation process
for the model.
(2) Air traffic services biennial data reporting.--
(A) Biennial data reporting.--Not later than
March 31, 2019, and biennially thereafter for
[8 years] 14 years, the Administrator and the
Chief Operating Officer shall, using the
validated model, complete the following
calculations for each segment of air traffic
services users for the most recent full fiscal
year:
(i) The total costs allocable to the
use of the air traffic services for
that segment.
(ii) The total revenues received from
that segment.
(B) Report to congress.--Not later than 15
days after completing the calculations under
subparagraph (A), the Administrator and the
Chief Operating Officer shall complete and
submit to the Committee on Transportation and
Infrastructure, the Committee on
Appropriations, and the Committee on Ways and
Means of the House of Representatives, and the
Committee on Commerce, Science, and
Transportation, the Committee on
Appropriations, and the Committee on Finance of
the Senate a report containing the results of
such calculations.
(C) Publication.--Not later than 60 days
after completing the calculations pursuant to
subparagraph (A), the Administrator and the
Chief Operating Officer shall publish the
results of such calculations.
(3) Segments of air traffic services users.--
(A) In general.--For purposes of this
subsection, each of the following shall
constitute a separate segment of air traffic
services users:
(i) Passenger air carriers conducting
operations under part 121 of title 14,
Code of Federal Regulations.
(ii) All-cargo air carriers
conducting operations under part 121 of
such title.
(iii) Operators covered by part 125
of such title.
(iv) Air carriers and operators of
piston-engine aircraft operating under
part 135 of such title.
(v) Air carriers and operators of
turbine-engine aircraft operating under
part 135 of such title.
(vi) Foreign air carriers providing
passenger air transportation.
(vii) Foreign air carriers providing
all-cargo air transportation.
(viii) Operators of turbine-engine
aircraft operating under part 91 of
such title, excluding those operating
under subpart (K) of such part.
(ix) Operators of piston-engine
aircraft operating under part 91 of
such title, excluding those operating
under subpart (K) of such part.
(x) Operators covered by subpart (K)
of part 91 of such title.
(xi) Operators covered by part 133 of
such title.
(xii) Operators covered by part 136
of such title.
(xiii) Operators covered by part 137
of such title.
(xiv) Operators of public aircraft
that qualify under section 40125.
(xv) Operators of aircraft that
neither take off from, nor land in, the
United States.
(xvi) Operators of commercial space
transportation launch and reentry
vehicles.
(B) Additional segments.--The Secretary may
identify and include additional segments of air
traffic users under subparagraph (A) as revenue
and air traffic services cost data become
available for that additional segment of air
traffic services users.
(4) Definitions.--For purposes of this subsection:
(A) Air traffic services.--The term ``air
traffic services'' means services--
(i) used for the monitoring,
directing, control, and guidance of
aircraft or flows of aircraft and for
the safe conduct of flight, including
communications, navigation, and
surveillance services and provision of
aeronautical information; and
(ii) provided directly, or contracted
for, by the Federal Aviation
Administration.
(B) Air traffic services user.--The term
``air traffic services user'' means any
individual or entity using air traffic services
provided directly, or contracted for, by the
Federal Aviation Administration within United
States airspace or international airspace
delegated to the United States.
* * * * * * *
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.
SUBPART iv--ENFORCEMENT AND PENALTIES
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CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS
* * * * * * *
Sec. 46101. Complaints and investigations
(a) General.--(1) A person may file a complaint in writing
with the Secretary of Transportation (or the Administrator of
the Transportation Security Administration with respect to
security duties and powers designated to be carried out by the
Administrator of the Transportation Security Administration or
the Administrator of the Federal Aviation Administration with
respect to aviation safety duties and powers designated to be
carried out by the Administrator of the Federal Aviation
Administration) about a person violating this part or a
requirement prescribed under this part. Except as provided in
subsection (b) of this section, the Secretary, Administrator of
the Transportation Security Administration, or Administrator of
the Federal Aviation Administration shall investigate the
complaint if a reasonable ground appears to the Secretary,
Administrator of the Transportation Security Administration, or
Administrator of the Federal Aviation Administration for the
investigation.
(2) On the initiative of the Secretary, Administrator of the
Transportation Security Administration, or Administrator of the
Federal Aviation Administration, as appropriate, the Secretary,
Administrator of the Transportation Security Administration, or
Administrator of the Federal Aviation Administration may
conduct an investigation, if a reasonable ground appears to the
Secretary, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation
Administration for the investigation, about--
(A) a person violating this part or a requirement
prescribed under this part; or
(B) any question that may arise under this part.
(3) The Secretary of Transportation, Administrator of the
Transportation Security Administration, or Administrator of the
Federal Aviation Administration may dismiss a complaint without
a hearing when the Secretary, Administrator of the
Transportation Security Administration, or Administrator of the
Federal Aviation Administration is of the opinion that the
complaint does not state facts that warrant an investigation or
action.
(4) After notice and an opportunity for a hearing and subject
to section 40105(b) of this title, the Secretary of
Transportation, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation
Administration shall issue an order to compel compliance with
this part if the Secretary, Administrator of the Transportation
Security Administration, or Administrator of the Federal
Aviation Administration finds in an investigation under this
subsection that a person is violating this part.
(b) Complaints Against Members of Armed Forces.--The
Secretary of Transportation, Administrator of the
Transportation Security Administration, or Administrator of the
Federal Aviation Administration shall refer a complaint against
a member of the armed forces of the United States performing
official duties to the Secretary of the department concerned
for action. Not later than 90 days after receiving the
complaint, the Secretary of that department shall inform the
Secretary of Transportation, Administrator of the
Transportation Security Administration, or Administrator of the
Federal Aviation Administration of the action taken on the
complaint, including any corrective or disciplinary action
taken.
(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. 46110. Judicial review
(a) Filing and Venue.--Except for an order related to a
foreign air carrier subject to disapproval by the President
under section 41307 or 41509(f) of this title, a person
disclosing a substantial interest in an order issued by the
Secretary of Transportation (or the Administrator of the
Transportation Security Administration with respect to security
duties and powers designated to be carried out by the
Administrator of the Transportation Security Administration or
the Administrator of the Federal Aviation Administration with
respect to aviation duties and powers designated to be carried
out by the Administrator of the Federal Aviation
Administration) in whole or in part under this part, part B, or
[subsection (l) or (s) of section 114] subsection (l) or (r) of
section 114 may apply for review of the order by filing a
petition for review in the United States Court of Appeals for
the District of Columbia Circuit or in the court of appeals of
the United States for the circuit in which the person resides
or has its principal place of business. The petition must be
filed not later than 60 days after the order is issued. The
court may allow the petition to be filed after the 60th day
only if there are reasonable grounds for not filing by the 60th
day.
(b) Judicial Procedures.--When a petition is filed under
subsection (a) of this section, the clerk of the court
immediately shall send a copy of the petition to the Secretary,
Administrator of the Transportation Security Administration, or
Administrator of the Federal Aviation Administration, as
appropriate. The Secretary, Administrator of the Transportation
Security Administration, or Administrator of the Federal
Aviation Administration shall file with the court a record of
any proceeding in which the order was issued, as provided in
section 2112 of title 28.
(c) Authority of Court.--When the petition is sent to the
Secretary, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation
Administration, the court has exclusive jurisdiction to affirm,
amend, modify, or set aside any part of the order and may order
the Secretary, Administrator of the Transportation Security
Administration, or Administrator of the Federal Aviation
Administration to conduct further proceedings. After reasonable
notice to the Secretary, Administrator of the Transportation
Security Administration, or Administrator of the Federal
Aviation Administration, the court may grant interim relief by
staying the order or taking other appropriate action when good
cause for its action exists. Findings of fact by the Secretary,
Administrator of the Transportation Security Administration, or
Administrator of the Federal Aviation Administration, if
supported by substantial evidence, are conclusive.
(d) Requirement for Prior Objection.--In reviewing an order
under this section, the court may consider an objection to an
order of the Secretary, Administrator of the Transportation
Security Administration, or Administrator of the Federal
Aviation Administration only if the objection was made in the
proceeding conducted by the Secretary, Administrator of the
Transportation Security Administration, or Administrator of the
Federal Aviation Administration or if there was a reasonable
ground for not making the objection in the proceeding.
(e) Supreme Court Review.--A decision by a court under this
section may be reviewed only by the Supreme Court under section
1254 of title 28.
* * * * * * *
CHAPTER 463--PENALTIES
* * * * * * *
Sec. 46301. Civil penalties
(a) General Penalty.--(1) A person is liable to the United
States Government for a civil penalty of not more than $25,000
(or $1,100 if the person is an individual or small business
concern) for violating--
(A) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 411, chapter 413
(except sections 41307 and 41310(b)-(f)), chapter 415
(except sections 41502, 41505, and 41507-41509),
chapter 417 (except sections 41703, 41704, 41710,
41713, and 41714), chapter 419, subchapter II or III of
chapter 421, chapter 423, chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719-44723), chapter 448, chapter
449 (except sections 44902, 44903(d), 44904, 44907(a)-
(d)(1)(A) and (d)(1)(C)-(f), and 44908), chapter 451,
section 47107(b) (including any assurance made under
such section), or section 47133 of this title;
(B) a regulation prescribed or order issued under any
provision to which clause (A) of this paragraph
applies;
(C) any term of a certificate or permit issued under
section 41102, 41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service
under this part.
(2) A separate violation occurs under this subsection for
each day the violation (other than a violation of section
41719) continues or, if applicable, for each flight involving
the violation (other than a violation of section 41719).
(3) Penalty for diversion of aviation revenues.--The amount
of a civil penalty assessed under this section for a violation
of section 47107(b) of this title (or any assurance made under
such section) or section 47133 of this title may be increased
above the otherwise applicable maximum amount under this
section to an amount not to exceed 3 times the amount of
revenues that are used in violation of such section.
(4) Aviation security violations.--Notwithstanding paragraph
(1) of this subsection, the maximum civil penalty for violating
chapter 449 shall be $10,000; except that the maximum civil
penalty shall be $25,000 in the case of a person operating an
aircraft for the transportation of passengers or property for
compensation (except an individual serving as an airman).
(5) Penalties applicable to individuals and small business
concerns.--
(A) An individual (except an airman serving as an
airman) or small business concern is liable to the
Government for a civil penalty of not more than $10,000
for violating--
(i) chapter 401 (except sections 40103(a) and
(d), 40105, 40106(b), 40116, and 40117),
section 44502 (b) or (c), chapter 447 (except
sections 44717-44723), chapter 448, chapter 449
(except sections 44902, 44903(d), 44904, and
44907-44909), chapter 451, or section 46314(a)
of this title; or
(ii) a regulation prescribed or order issued
under any provision to which clause (i)
applies.
(B) A civil penalty of not more than $10,000 may be
imposed for each violation under paragraph (1)
committed by an individual or small business concern
related to--
(i) the transportation of hazardous material;
(ii) the registration or recordation under
chapter 441 of an aircraft not used to provide
air transportation;
(iii) a violation of section 44718(d),
relating to the limitation on construction or
establishment of landfills;
(iv) a violation of section 44725, relating
to the safe disposal of life-limited aircraft
parts; or
(v) a violation of section 40127 or section
41705, relating to discrimination.
(C) Notwithstanding paragraph (1), the maximum civil
penalty for a violation of section 41719 committed by
an individual or small business concern shall be $5,000
instead of $1,000.
(D) Notwithstanding paragraph (1), the maximum civil
penalty for a violation of section 41712 (including a
regulation prescribed or order issued under such
section) or any other regulation prescribed by the
Secretary of Transportation by an individual or small
business concern that is intended to afford consumer
protection to commercial air transportation passengers
shall be $2,500 for each violation.
(6) [Failure To Collect Airport Security Badges] Failure to
collect airport security badges.--Notwithstanding paragraph
(1), any employer (other than a governmental entity or airport
operator) who employs an employee to whom an airport security
badge or other identifier used to obtain access to a secure
area of an airport is issued before, on, or after the date of
enactment of this paragraph and who does not collect or make
reasonable efforts to collect such badge from the employee on
the date that the employment of the employee is terminated and
does not notify the operator of the airport of such termination
within 24 hours of the date of such termination shall be liable
to the Government for a civil penalty not to exceed $10,000.
(7) [Penalties Relating to Harm to Passengers With
Disabilities] Penalties relating to harm to passengers with
disabilities.--
(A) Penalty for bodily harm or damage to wheelchair
or other mobility aid.--The amount of a civil penalty
assessed under this section for a violation of section
41705 that involves damage to a passenger's wheelchair
or other mobility aid or injury to a passenger with a
disability may be increased above the otherwise
applicable maximum amount under this section for a
violation of section 41705 to an amount not to exceed 3
times the maximum penalty otherwise allowed.
(B) Each act constitutes separate offense.--
Notwithstanding paragraph (2), a separate violation of
section 41705 occurs for each act of discrimination
prohibited by that section.
(b) Smoke Alarm Device Penalty.--(1) A passenger may not
tamper with, disable, or destroy a smoke alarm device located
in a lavatory on an aircraft providing air transportation or
intrastate air transportation.
(2) An individual violating this subsection is liable to the
Government for a civil penalty of not more than $2,000.
(c) Procedural Requirements.--(1) The Secretary of
Transportation may impose a civil penalty for the following
violations only after notice and an opportunity for a hearing:
(A) a violation of subsection (b) of this section or
chapter 411, chapter 413 (except sections 41307 and
41310(b)-(f)), chapter 415 (except sections 41502,
41505, and 41507-41509), chapter 417 (except sections
41703, 41704, 41710, 41713, and 41714), chapter 419,
subchapter II of chapter 421, chapter 423, or section
44909 of this title.
(B) a violation of a regulation prescribed or order
issued under any provision to which clause (A) of this
paragraph applies.
(C) a violation of any term of a certificate or
permit issued under section 41102, 41103, or 41302 of
this title.
(D) a violation under subsection (a)(1) of this
section related to the transportation of hazardous
material.
(2) The Secretary shall give written notice of the finding of
a violation and the civil penalty under paragraph (1) of this
subsection.
(d) Administrative Imposition of Penalties.--(1) In this
subsection--
(A) ``flight engineer'' means an individual who holds
a flight engineer certificate issued under part 63 of
title 14, Code of Federal Regulations.
(B) ``mechanic'' means an individual who holds a
mechanic certificate issued under part 65 of title 14,
Code of Federal Regulations.
(C) ``pilot'' means an individual who holds a pilot
certificate issued under part 61 of title 14, Code of
Federal Regulations.
(D) ``repairman'' means an individual who holds a
repairman certificate issued under part 65 of title 14,
Code of Federal Regulations.
(2) The Administrator of the Federal Aviation Administration
may impose a civil penalty for a violation of chapter 401
(except sections 40103(a) and (d), 40105, 40106(b), 40116, and
40117), chapter 441 (except section 44109), section 44502(b) or
(c), chapter 447 (except sections 44717 and 44719-44723),
chapter 448, chapter 451, section 46301(b), section 46302 (for
a violation relating to section 46504), section 46318, section
46319, section 46320, or section 47107(b) (as further defined
by the Secretary of Transportation under section 47107(k) and
including any assurance made under section 47107(b)) of this
title or a regulation prescribed or order issued under any of
those provisions. The Secretary of Homeland Security may impose
a civil penalty for a violation of chapter 449 (except sections
44902, 44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908,
and 44909), section 46302 (except for a violation relating to
section 46504), or section 46303 of this title or a regulation
prescribed or order issued under any of those provisions. The
Secretary of Homeland Security or Administrator of the Federal
Aviation Administration shall give written notice of the
finding of a violation and the penalty.
(3) In a civil action to collect a civil penalty imposed by
the Secretary of Homeland Security or Administrator of the
Federal Aviation Administration under this subsection, the
issues of liability and the amount of the penalty may not be
reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the
district courts of the United States have exclusive
jurisdiction of a civil action involving a penalty the
Secretary of Homeland Security or Administrator of the Federal
Aviation Administration initiates if--
(A) the amount in controversy is more than--
(i) $50,000 if the violation was committed by
any person before the date of enactment of the
Vision 100--Century of Aviation Reauthorization
Act;
(ii) $400,000 if the violation was committed
by a person other than an individual or small
business concern on or after that date; or
(iii) $50,000 if the violation was committed
by an individual or small business concern on
or after that date;
(B) the action is in rem or another action in rem
based on the same violation has been brought;
(C) the action involves an aircraft subject to a lien
that has been seized by the Government; or
(D) another action has been brought for an injunction
based on the same violation.
(5)(A) The Administrator of the Federal Aviation
Administration may issue an order imposing a penalty under this
subsection against an individual acting as a pilot, flight
engineer, mechanic, or repairman only after advising the
individual of the charges or any reason the Administrator of
the Federal Aviation Administration relied on for the proposed
penalty and providing the individual an opportunity to answer
the charges and be heard about why the order shall not be
issued.
(B) An individual acting as a pilot, flight engineer,
mechanic, or repairman may appeal an order imposing a penalty
under this subsection to the National Transportation Safety
Board. After notice and an opportunity for a hearing on the
record, the Board shall affirm, modify, or reverse the order.
The Board may modify a civil penalty imposed to a suspension or
revocation of a certificate.
(C) When conducting a hearing under this paragraph, the Board
is not bound by findings of fact of the Administrator of the
Federal Aviation Administration but is bound by all validly
adopted interpretations of laws and regulations the
Administrator of the Federal Aviation Administration carries
out and of written agency policy guidance available to the
public related to sanctions to be imposed under this section
unless the Board finds an interpretation is arbitrary,
capricious, or otherwise not according to law.
(D) When an individual files an appeal with the Board under
this paragraph, the order of the Administrator of the Federal
Aviation Administration is stayed.
(6) An individual substantially affected by an order of the
Board under paragraph (5) of this subsection, or the
Administrator of the Federal Aviation Administration when the
Administrator of the Federal Aviation Administration decides
that an order of the Board under paragraph (5) will have a
significant adverse impact on carrying out this part, may
obtain judicial review of the order under section 46110 of this
title. The Administrator of the Federal Aviation Administration
shall be made a party to the judicial review proceedings.
Findings of fact of the Board are conclusive if supported by
substantial evidence.
(7)(A) The Administrator of the Federal Aviation
Administration may impose a penalty on a person (except an
individual acting as a pilot, flight engineer, mechanic, or
repairman) only after notice and an opportunity for a hearing
on the record.
(B) In an appeal from a decision of an administrative law
judge as the result of a hearing under subparagraph (A) of this
paragraph, the Administrator of the Federal Aviation
Administration shall consider only whether--
(i) each finding of fact is supported by a
preponderance of reliable, probative, and substantial
evidence;
(ii) each conclusion of law is made according to
applicable law, precedent, and public policy; and
(iii) the judge committed a prejudicial error that
supports the appeal.
(C) Except for good cause, a civil action involving a penalty
under this paragraph may not be initiated later than 2 years
after the violation occurs.
(D) In the case of a violation of section 47107(b) of this
title or any assurance made under such section--
(i) a civil penalty shall not be assessed against an
individual;
(ii) a civil penalty may be compromised as provided
under subsection (f); and
(iii) judicial review of any order assessing a civil
penalty may be obtained only pursuant to section 46110
of this title.
(8) The maximum civil penalty the Administrator of the
Transportation Security Administration, Administrator of the
Federal Aviation Administration, or Board may impose under this
subsection is--
(A) $50,000 if the violation was committed by any
person before the date of enactment of the Vision 100--
Century of Aviation Reauthorization Act;
(B) $400,000 if the violation was committed by a
person other than an individual or small business
concern on or after that date; or
(C) $50,000 if the violation was committed by an
individual or small business concern on or after that
date.
(9) This subsection applies only to a violation occurring
after August 25, 1992.
(e) Penalty Considerations.--In determining the amount of a
civil penalty under subsection (a)(3) of this section related
to transportation of hazardous material, the Secretary of
Transportation shall consider--
(1) the nature, circumstances, extent, and gravity of
the violation;
(2) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue doing business; and
(3) other matters that justice requires.
(f) Compromise and Setoff.--(1)(A) The Secretary may
compromise the amount of a civil penalty imposed for
violating--
(i) chapter 401 (except sections 40103(a) and (d),
40105, 40116, and 40117), chapter 441 (except section
44109), section 44502(b) or (c), chapter 447 (except
sections 44717 and 44719-44723), chapter 448, chapter
449 (except sections 44902, 44903(d), 44904, 44907(a)-
(d)(1)(A) and (d)(1)(C)-(f), 44908, and 44909), or
chapter 451 of this title; or
(ii) a regulation prescribed or order issued under
any provision to which clause (i) of this subparagraph
applies.
(B) The Postal Service may compromise the amount of a civil
penalty imposed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil penalty
imposed or compromised under this subsection from amounts it
owes the person liable for the penalty.
(g) Judicial Review.--An order of the Secretary or the
Administrator of the Federal Aviation Administration imposing a
civil penalty may be reviewed judicially only under section
46110 of this title.
(h) Nonapplication.--(1) This section does not apply to the
following when performing official duties:
(A) a member of the armed forces of the United
States.
(B) a civilian employee of the Department of Defense
subject to the Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for
taking necessary disciplinary action and submitting to the
Secretary (or the Administrator of the Transportation Security
Administration with respect to security duties and powers
designated to be carried out by the Administrator of the
Transportation Security Administration or the Administrator of
the Federal Aviation Administration with respect to aviation
safety duties and powers designated to be carried out by the
Administrator of the Federal Aviation Administration) a timely
report on action taken.
(i) Small Business Concern Defined.--In this section, the
term ``small business concern'' has the meaning given that term
in section 3 of the Small Business Act (15 U.S.C. 632).
* * * * * * *
CHAPTER 465--SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES
* * * * * * *
Sec. 46503. Interference with security screening personnel
[An individual] (a) In General._An individual in an area
within a commercial service airport in the United States who,
by assaulting a Federal, airport, or air carrier employee who
has security duties within the airport, interferes with the
performance of the duties of the employee or lessens the
ability of the employee to perform those duties, shall be fined
under title 18, imprisoned for not more than 10 years, or both.
If the individual used a dangerous weapon in committing the
assault or interference, the individual may be imprisoned for
any term of years or life imprisonment.
(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.
PART B--AIRPORT DEVELOPMENT AND NOISE
* * * * * * *
CHAPTER 471--AIRPORT DEVELOPMENT
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec.
* * * * * * *
[47131. Annual report.]
* * * * * * *
[47140. Increasing the energy efficiency of airport power sources.]
47140. Meeting current and future electrical power demand.
* * * * * * *
[47142. Design-build contracting.]
47142. Alternative project delivery.
* * * * * * *
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec. 47101. Policies
(a) General.--It is the policy of the United States--
(1) that the safe operation of the airport and airway
system is the highest aviation priority;
(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)] (3) that aviation facilities be constructed and
operated to minimize current and projected noise impact
on nearby communities;
[(3)] (4) to give special emphasis to developing
reliever airports;
[(4)] (5) that appropriate provisions should be made
to make the development and enhancement of cargo hub
airports easier;
[(5)] (6) to encourage the development of intermodal
connections on airport property between aeronautical
and other transportation modes and systems to serve air
transportation passengers and cargo efficiently and
effectively and promote economic development;
[(6)] (7) that airport development projects under
this subchapter provide for the protection and
enhancement of natural resources and the quality of the
environment of the United States;
[(7)] (8) that airport construction and improvement
projects that increase the capacity of facilities to
accommodate passenger and cargo traffic be undertaken
to the maximum feasible extent so that safety and
efficiency increase and delays decrease;
[(8)] (9) to ensure that nonaviation usage of the
navigable airspace be accommodated but not allowed to
decrease the safety and capacity of the airspace and
airport system;
[(9)] (10) that artificial restrictions on airport
capacity--
(A) are not in the public interest;
(B) should be imposed to alleviate air
traffic delays only after other reasonably
available and less burdensome alternatives have
been tried; and
(C) should not discriminate unjustly between
categories and classes of aircraft;
[(10)] (11) that special emphasis should be placed on
converting appropriate former military air bases to
civil use and identifying and improving additional
joint-use facilities;
[(11)] (12) that the airport improvement program
should be administered to encourage projects that
employ innovative technology (including integrated in-
pavement lighting systems for runways and taxiways and
other runway and taxiway incursion prevention devices),
concepts, and approaches that will promote safety,
capacity, and efficiency improvements in the
construction of airports and in the air transportation
system (including the development and use of innovative
concrete and other materials in the construction of
airport facilities to minimize initial laydown costs,
minimize time out of service, and maximize lifecycle
durability) and to encourage and solicit innovative
technology proposals and activities in the expenditure
of funding pursuant to this subchapter;
[(12)] (13) that airport fees, rates, and charges
must be reasonable and may only be used for purposes
not prohibited by this subchapter; and
[(13)] (14) that airports should be as self-
sustaining as possible under the circumstances existing
at each particular airport and in establishing new
fees, rates, and charges, and generating revenues from
all sources, airport owners and operators should not
seek to create revenue surpluses that exceed the
amounts to be used for airport system purposes and for
other purposes for which airport revenues may be spent
under section 47107(b)(1) of this title, including
reasonable reserves and other funds to facilitate
financing and cover contingencies.
(b) National Transportation Policy.--(1) It is a goal of the
United States to develop a national intermodal transportation
system that transports passengers and property in an efficient
manner. The future economic direction of the United States
depends on its ability to confront directly the enormous
challenges of the global economy, declining productivity
growth, energy vulnerability, air pollution, and the need to
rebuild the infrastructure of the United States.
(2) United States leadership in the world economy, the
expanding wealth of the United States, the competitiveness of
the industry of the United States, the standard of living, and
the quality of life are at stake.
(3) A national intermodal transportation system is a
coordinated, flexible network of diverse but complementary
forms of transportation that transports passengers and property
in the most efficient manner. By reducing transportation costs,
these intermodal systems will enhance the ability of the
industry of the United States to compete in the global
marketplace.
(4) All forms of transportation, including aviation and other
transportation systems of the future, will be full partners in
the effort to reduce energy consumption and air pollution while
promoting economic development.
(5) An intermodal transportation system consists of
transportation hubs that connect different forms of appropriate
transportation and provides users with the most efficient means
of transportation and with access to commercial centers,
business locations, population centers, and the vast rural
areas of the United States, as well as providing links to other
forms of transportation and to intercity connections.
(6) Intermodality and flexibility are paramount issues in the
process of developing an integrated system that will obtain the
optimum yield of United States resources.
(7) The United States transportation infrastructure must be
reshaped to provide the economic underpinnings for the United
States to compete in the 21st century global economy. The
United States can no longer rely on the sheer size of its
economy to dominate international economic rivals and must
recognize fully that its economy is no longer a separate entity
but is part of the global marketplace. The future economic
prosperity of the United States depends on its ability to
compete in an international marketplace that is teeming with
competitors but in which a full one-quarter of the economic
activity of the United States takes place.
(8) The United States must make a national commitment to
rebuild its infrastructure through development of a national
intermodal transportation system. The United States must
provide the foundation for its industries to improve
productivity and their ability to compete in the global economy
with a system that will transport passengers and property in an
efficient manner.
(c) Capacity Expansion and Noise Abatement.--It is in the
public interest to recognize the effects of airport capacity
expansion projects on aircraft noise. Efforts to increase
capacity through any means can have an impact on surrounding
communities. Noncompatible land uses around airports must be
reduced and efforts to mitigate noise must be given a high
priority.
(d) Consistency With Air Commerce and Safety Policies.--Each
airport and airway program should be carried out consistently
with section 40101(a), (b), (d), and (f) of this title to
foster competition, prevent unfair methods of competition in
air transportation, maintain essential air transportation, and
prevent unjust and discriminatory practices, including as the
practices may be applied between categories and classes of
aircraft.
(e) Adequacy of Navigation Aids and Airport Facilities.--This
subchapter should be carried out to provide adequate navigation
aids and airport facilities for places at which scheduled
commercial air service is provided. The facilities provided may
include--
(1) reliever airports; and
(2) heliports designated by the Secretary of
Transportation to relieve congestion at commercial
service airports by diverting aircraft passengers from
fixed-wing aircraft to helicopter carriers.
(f) Maximum Use of Safety Facilities.--This subchapter should
be carried out consistently with a comprehensive airspace
system plan, giving highest priority to commercial service
airports, to maximize the use of safety facilities, including
installing, operating, and maintaining, to the extent possible
with available money and considering other safety needs--
(1) electronic or visual vertical guidance on each
runway;
(2) grooving or friction treatment of each primary
and secondary runway;
(3) distance-to-go signs for each primary and
secondary runway;
(4) a precision approach system, a vertical visual
guidance system, and a full approach light system for
each primary runway;
(5) a nonprecision instrument approach for each
secondary runway;
(6) runway end identifier lights on each runway that
does not have an approach light system;
(7) a surface movement radar system at each category
III airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking;
(10) radar approach coverage for each airport
terminal area; and
(11) runway and taxiway incursion prevention devices,
including integrated in-pavement lighting systems for
runways and taxiways.
(g) Intermodal Planning.--To carry out the policy of
[subsection (a)(5)] subsection (a)(6) of this section, the
Secretary of Transportation shall take each of the following
actions:
(1) Coordination in development of airport plans and
programs.--Cooperate with State and local officials in
developing airport plans and programs that are based on
overall transportation needs. The airport plans and
programs shall be developed in coordination with other
transportation planning and considering comprehensive
long-range land-use plans and overall social, economic,
environmental, system performance, and energy
conservation objectives. The process of developing
airport plans and programs shall be continuing,
cooperative, and comprehensive to the degree
appropriate to the complexity of the transportation
problems.
(2) Goals for airport master and system plans.--
Encourage airport sponsors and State and local
officials to develop airport master plans and airport
system plans that--
(A) foster effective coordination between
aviation planning and metropolitan planning;
(B) include an evaluation of aviation needs
within the context of multimodal planning;
(C) consider passenger convenience, airport
ground access, and access to airport
facilities; and
(D) are integrated with metropolitan plans to
ensure that airport development proposals
include adequate consideration of land use and
ground transportation access.
(3) Representation of airport operators on mpo's.--
Encourage metropolitan planning organizations,
particularly in areas with populations greater than
200,000, to establish membership positions for airport
operators.
(h) Consultation.--To carry out the policy of [subsection
(a)(6)] subsection (a)(7) of this section, the Secretary of
Transportation [shall] may consult with the Secretary of the
Interior and the Administrator of the Environmental Protection
Agency about any project included in a project grant
application involving the location of an airport or runway, or
a major runway extension, that may have a significant effect
on--
(1) natural resources, including fish and wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
Sec. 47102. Definitions
In this subchapter--
[(1) ``air carrier airport'' means a public airport
regularly served by--
[(A) an air carrier certificated by the
Secretary of Transportation under section 41102
of this title (except a charter air carrier);
or
[(B) at least one air carrier--
[(i) operating under an exemption
from section 41101(a)(1) of this title
that the Secretary grants; and
[(ii) having at least 2,500 passenger
boardings at the airport during the
prior calendar year.]
(1) ``air carrier'' has the meaning given the term in
section 40102.
(2) ``airport''--
(A) means--
(i) an area of land or water used or
intended to be used for the landing and
taking off of aircraft;
(ii) an appurtenant area used or
intended to be used for airport
buildings or other airport facilities
or rights of way; and
(iii) airport buildings and
facilities located in any of those
areas; and
(B) includes a heliport.
(3) ``airport development'' means the following
activities, if undertaken by the sponsor, owner, or
operator of a public-use airport:
(A) constructing, repairing, or improving a
public-use airport, including--
(i) removing, lowering, relocating,
marking, and lighting an airport
hazard; [and]
(ii) preparing a plan or
specification, including carrying out a
field investigation[.]; and
(iii) a secondary runway at a nonhub
airport that is equivalent in size and
type to the primary runway of such
airport.
(B) acquiring for, or installing at, a
public-use airport--
(i) a navigation aid or another aid
(including a precision approach system)
used by aircraft for landing at or
taking off from the airport, including
preparing the site as required by the
acquisition or installation;
(ii) safety or security equipment,
including explosive detection devices,
universal access systems, and emergency
call boxes, the Secretary requires by
regulation for, or approves as
contributing significantly to, the
safety or security of individuals and
property at the airport and integrated
in-pavement lighting systems for
runways and taxiways and other runway
and taxiway incursion prevention
devices;
(iii) equipment to remove snow, to
measure runway surface friction, or for
aviation-related weather reporting,
including closed circuit weather
surveillance equipment and fuel
infrastructure if the airport is
located in Alaska;
(iv) firefighting and rescue
equipment at an airport that serves
scheduled passenger operations of air
carrier aircraft designed for more than
9 passenger seats;
(v) aircraft deicing equipment and
structures (except aircraft deicing
fluids and storage facilities for the
equipment and fluids);
(vi) interactive training systems;
(vii) windshear detection equipment
that is certified by the Administrator
of the Federal Aviation Administration;
(viii) stainless steel adjustable
lighting extensions approved by the
Administrator;
(ix) engineered materials arresting
systems as described in the Advisory
Circular No. 150/5220-22 published by
the Federal Aviation Administration on
August 21, 1998, including any revision
to the circular; and
(x) replacement of baggage conveyor
systems, and reconfiguration of
terminal baggage areas, that the
Secretary determines are necessary to
install bulk explosive detection
devices; except that such activities
shall be eligible for funding under
this subchapter only using amounts
apportioned under section 47114.
(C) acquiring an interest in land or
airspace, including land for future airport
development, that is needed--
(i) to carry out airport development
described in subclause (A) or (B) of
this clause; or
(ii) to remove or mitigate an
existing airport hazard or prevent or
limit the creation of a new airport
hazard.
(D) acquiring land for, or constructing, a
burn area training structure on or off the
airport to provide live fire drill training for
aircraft rescue and firefighting personnel
required to receive the training under
regulations the Secretary prescribes, including
basic equipment and minimum structures to
support the training under standards the
Administrator of the Federal Aviation
Administration prescribes.
(E) relocating [after December 31, 1991,] an
air traffic control tower and any navigational
aid (including radar) if the relocation is
necessary to carry out a project approved by
the Secretary under this subchapter or under
section 40117.
(F) constructing, reconstructing, repairing,
or improving an airport, or purchasing capital
equipment for an airport, if necessary for
compliance with the responsibilities of the
operator or owner of the airport under the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), the Clean Air Act (42
U.S.C. 7401 et seq.), and the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.),
except constructing or purchasing capital
equipment that would benefit primarily a
revenue-producing area of the airport used by a
nonaeronautical business.
(G) acquiring land for, or work necessary to
construct, a pad suitable for deicing aircraft
before takeoff at a commercial service airport,
including constructing or reconstructing paved
areas, drainage collection structures,
treatment and discharge systems, appropriate
lighting, paved access for deicing vehicles and
aircraft, and including acquiring glycol
recovery vehicles, but not including acquiring
aircraft deicing fluids or constructing or
reconstructing storage facilities for aircraft
deicing equipment or fluids.
(H) routine work to preserve and extend the
useful life of runways, taxiways, and aprons at
nonhub airports and airports that are not
primary airports, under guidelines issued by
the Administrator of the Federal Aviation
Administration.
(I) constructing, reconstructing, or
improving an airport, or purchasing nonrevenue
generating capital equipment to be owned by an
airport, for the purpose of transferring
passengers, cargo, or baggage between the
aeronautical and ground transportation modes on
airport property.
(J) constructing an air traffic control tower
or acquiring and installing air traffic
control, communications, and related equipment
at an air traffic control tower under the terms
specified in section 47124(b)(4).
(K) work necessary to construct or modify
airport facilities to provide low-emission fuel
systems, gate electrification, and other
related air quality improvements at a
commercial service airport [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].
(L) a project by a commercial service airport
for the acquisition of airport-owned vehicles
or ground support equipment equipped with low-
emission technology 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)),
if the airport would be able to receive
appropriate emission credits (as described in
section 47139), and] the vehicles are;
(i) used exclusively on airport
property; or
(ii) used exclusively to transport
passengers and employees between the
airport and the airport's consolidated
rental car facility or an intermodal
surface transportation facility
adjacent to the airport.
(M) construction of mobile refueler parking
within a fuel farm at a nonprimary airport
meeting the requirements of section 112.8 of
title 40, Code of Federal Regulations.
(N) terminal development under section
47119(a).
(O) acquiring and installing facilities and
equipment to provide air conditioning, heating,
or electric power from terminal-based,
nonexclusive use facilities to aircraft parked
at a public use airport for the purpose of
reducing energy use or harmful emissions as
compared to the provision of such air
conditioning, heating, or electric power from
aircraft-based systems.
(P) an on-airport project to [improve the
reliability and efficiency of the airport's
power supply] improve reliability and
efficiency of the airport's power supply or
meet current and future electrical power demand
and to prevent power disruptions to the
airfield, passenger terminal, and any other
airport facilities, including the acquisition
and installation of electrical generators,
separation of the airport's main power supply
from its redundant power supply, and the
construction or modification of airport
facilities to install a microgrid (as defined
in section 641 of the United States Energy
Storage Competitiveness Act of 2007 (42 U.S.C.
17231)).
(Q) converting or retrofitting vehicles and
ground support equipment into eligible zero-
emission vehicles and equipment (as defined in
section 47136) and for acquiring, by purchase
or lease, eligible zero-emission vehicles and
equipment.
(R) predevelopment planning, including
financial, legal, or procurement consulting
services, related to an application or proposed
application for an exemption under section
47134.
(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.
(4) ``airport hazard'' means a structure or object of
natural growth located on or near a public-use airport,
or a use of land near the airport, that obstructs or
otherwise is hazardous to the landing or taking off of
aircraft at or from the airport.
(5) ``airport planning'' means planning as defined by
requirements the Secretary prescribes and includes--
(A) integrated airport system planning;
(B) developing an environmental management
system; and
(C) developing a plan for recycling and
minimizing the generation of airport solid
waste, consistent with applicable State and
local recycling laws, including the cost of a
waste audit.
(D) assessing current and future electrical
power demand.
(6) ``amount made available under section 48103'' or
``amount newly made available'' means the amount
authorized for grants under section 48103 as that
amount may be limited in that year by a subsequent law,
but as determined without regard to grant obligation
recoveries made in that year or amounts covered by
section 47107(f).
(7) ``commercial service airport'' means a public
airport in a State that the Secretary determines has at
least 2,500 passenger boardings each year and is
receiving scheduled passenger aircraft service.
(8) ``general aviation airport'' means a public-use
airport that is located in a State and that, as
determined by the Secretary--
(A) does not have scheduled service; or
(B) has scheduled service with less than
2,500 passenger boardings each year.
(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.
[(9)] (10) ``integrated airport system planning''
means developing for planning purposes information and
guidance to decide the extent, kind, location, and
timing of airport development needed in a specific area
to establish a viable, balanced, and integrated system
of public-use airports, including--
(A) identifying system needs;
(B) developing an estimate of systemwide
development costs;
(C) conducting studies, surveys, and other
planning actions, including those related to
airport access, needed to decide which
aeronautical needs should be met by a system of
airports; and
(D) standards prescribed by a State, except
standards for safety of approaches, for airport
development at nonprimary public-use airports.
[(10)] (11) ``landed weight'' means the weight of
aircraft transporting only cargo in intrastate,
interstate, and foreign air transportation, as the
Secretary determines under regulations the Secretary
prescribes.
[(11)] (12) ``large hub airport'' means a commercial
service airport that has at least 1.0 percent of the
passenger boardings.
[(12)] (13) ``low-emission technology'' means
technology for vehicles and equipment whose emission
performance is the best achievable under emission
standards established by the Environmental Protection
Agency and that relies exclusively on alternative fuels
that are substantially nonpetroleum based, as defined
by the Department of Energy, but not excluding hybrid
systems or natural gas powered vehicles.
[(13)] (14) ``medium hub airport'' means a commercial
service airport that has at least 0.25 percent but less
than 1.0 percent of the passenger boardings.
[(14)] (15) ``nonhub airport'' means a commercial
service airport that has less than 0.05 percent of the
passenger boardings.
[(15)] (16) ``passenger boardings''--
(A) means, unless the context indicates
otherwise, revenue passenger boardings in the
United States in the prior calendar year on an
aircraft in service in air commerce, as the
Secretary determines under regulations the
Secretary prescribes; and
(B) includes passengers who continue on an
aircraft in international flight that stops at
an airport in the 48 contiguous States, Alaska,
or Hawaii for a nontraffic purpose.
[(16)] (17) ``primary airport'' means a commercial
service airport the Secretary determines to have more
than 10,000 passenger boardings each year.
[(17)] (18) ``project'' means a project, separate
projects included in one project grant application, or
all projects to be undertaken at an airport in a fiscal
year, to achieve airport development or airport
planning.
[(18)] (19) ``project cost'' means a cost involved in
carrying out a project.
[(19)] (20) ``project grant'' means a grant of money
the Secretary makes to a sponsor to carry out at least
one project.
[(20)] (21) ``public agency'' means--
(A) a State or political subdivision of a
State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
[(21)] (22) ``public airport'' means an airport used
or intended to be used for public purposes--
(A) that is under the control of a public
agency; and
(B) of which the area used or intended to be
used for the landing, taking off, or surface
maneuvering of aircraft is publicly owned.
[(22)] (23) ``public-use airport'' means--
(A) a public airport; or
(B) a privately-owned airport used or
intended to be used for public purposes that
is--
(i) a reliever airport; or
(ii) determined by the Secretary to
have at least 2,500 passenger boardings
each year and to receive scheduled
passenger aircraft service.
[(23)] (24) ``reliever airport'' means an airport the
Secretary designates to relieve congestion at a
commercial service airport and to provide more general
aviation access to the overall community.
[(24)] (25) ``revenue producing aeronautical support
facilities'' means fuel farms, hangar buildings, self-
service credit card aeronautical fueling systems,
airplane wash racks, major rehabilitation of a hangar
owned by a sponsor, or other aeronautical support
facilities that the Secretary determines will increase
the revenue producing ability of the airport.
[(25)] (26) ``small hub airport'' means a commercial
service airport that has at least 0.05 percent but less
than 0.25 percent of the passenger boardings.
[(26)] (27) ``sponsor'' means--
(A) a public agency that submits to the
Secretary under this subchapter an application
for financial assistance; and
(B) a private owner of a public-use airport
that submits to the Secretary under this
subchapter an application for financial
assistance for the airport.
[(27)] (28) ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the
Virgin Islands, American Samoa, the Northern Mariana
Islands, [the Trust Territory of the Pacific Islands,]
and Guam.
[(28)] (29) ``terminal development'' means--
(A) development of--
(i) an airport passenger terminal
building, including terminal gates;
(ii) access roads servicing
exclusively airport traffic that leads
directly to or from an airport
passenger terminal building; and
(iii) walkways that lead directly to
or from an airport passenger terminal
building; and
(B) the cost of a vehicle [described in
section 47119(a)(1)(B)] for moving passengers
and baggage between terminal facilities and
between terminal facilities and aircraft.
(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.
Sec. 47103. National plan of integrated airport systems
(a) General Requirements and Considerations.--The Secretary
of Transportation shall maintain the plan for developing
public-use airports in the United States, named ``the national
plan of integrated airport systems''. The plan shall include
the kind and estimated cost of eligible airport development the
Secretary of Transportation considers necessary to provide a
safe, efficient, and integrated system of public-use airports
adequate to anticipate and meet the needs of civil aeronautics,
to meet the national defense requirements of the Secretary of
Defense, and to meet identified needs of the United States
Postal Service. Airport development included in the plan may
not be limited to meeting the needs of any particular classes
or categories of public-use airports. In maintaining the plan,
the Secretary of Transportation shall consider the needs of
each segment of civil aviation and the relationship of the
airport system to--
(1) the rest of the transportation system, including
connection to the surface transportation network; and
(2) forecasted technological developments in
aeronautics.
(b) Specific Requirements.--In maintaining the plan, the
Secretary of Transportation shall--
(1) to the extent possible and as appropriate,
consult with departments, agencies, and
instrumentalities of the United States Government, with
public agencies, and with the aviation community; and
(2) make every reasonable effort to address the needs
of air cargo operations and rotary wing aircraft
operations.
(c) Availability of Domestic Military Airports and Airport
Facilities.--To the extent possible, the Secretary of Defense
shall make domestic military airports and airport facilities
available for civil use. In advising the Secretary of
Transportation under subsection (a) of this section, the
Secretary of Defense shall indicate the extent to which
domestic military airports and airport facilities are available
for civil use.
(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).
[(d)] (e) Publication.--The Secretary of Transportation shall
publish the plan every 2 years.
Sec. 47104. Project grant authority
(a) General Authority.--To maintain a safe and efficient
nationwide system of public-use airports that meets the present
and future needs of civil aeronautics, the Secretary of
Transportation may make project grants under this subchapter
from the Airport and Airway Trust Fund.
(b) Incurring Obligations.--The Secretary may incur
obligations to make grants from amounts made available under
section 48103 of this title as soon as the amounts are
apportioned under section 47114(c) and (d)(2) of this title.
(c) Expiration of Authority.--After September 30, [2023]
2028, the Secretary may not incur obligations under subsection
(b) of this section, except for obligations of amounts--
(1) remaining available after that date under section
47117(b) of this title; or
(2) recovered by the United States Government from
grants made under this chapter if the amounts are
obligated only for increases under section 47108(b)(2)
and (3) of this title in the maximum amount of
obligations of the Government for any other grant made
under this title.
* * * * * * *
Sec. 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) Project Grant Application Approval.--The Secretary of
Transportation may approve an application under this subchapter
for a project grant only if the Secretary is satisfied that--
(1) the project is consistent with plans (existing at
the time the project is approved) of public agencies
authorized by the State in which the airport is located
to plan for the development of the area surrounding the
airport;
(2) the project will contribute to carrying out this
subchapter;
(3) enough money is available to pay the project
costs that will not be paid by the United States
Government under this subchapter;
(4) the project will be completed without
unreasonable delay;
(5) the sponsor has authority to carry out the
project as proposed;
(6) if the project is for an airport that has an
airport master plan that includes the project, the
master plan addresses issues relating to solid waste
recycling at the airport, including--
(A) the feasibility of solid waste recycling
at the airport;
(B) minimizing the generation of solid waste
at the airport;
(C) operation and maintenance requirements;
(D) the review of waste management contracts;
and
(E) the potential for cost savings or the
generation of revenue; and
(7) if the project is at an airport that is listed as
having an unclassified status under the most recent
national plan of integrated airport systems (as
described in section 47103), the project will be funded
with an amount appropriated under [section
47114(d)(3)(B)] section 47114(d)(2)(B) and is--
(A) for maintenance of the pavement of the
primary runway;
(B) for obstruction removal for the primary
runway;
(C) for the rehabilitation of the primary
runway; or
(D) for a project that the Secretary
considers necessary for the safe operation of
the airport.
(b) Airport Development Project Grant Application Approval.--
The Secretary may approve an application under this subchapter
for an airport development project grant for an airport only if
the Secretary is satisfied that--
(1) the sponsor, a public agency, or the Government
holds good title to the areas of the airport used or
intended to be used for the landing, taking off, or
surface maneuvering of aircraft, or that good title
will be acquired;
(2) the interests of the community in or near which
the project may be located have been given fair
consideration; and
(3) the application provides touchdown zone and
centerline runway lighting, high intensity runway
lighting, or land necessary for installing approach
light systems that the Secretary, considering the
category of the airport and the kind and volume of
traffic using it, decides is necessary for safe and
efficient use of the airport by aircraft.
(c) Environmental Requirements.--(1) The Secretary may
approve an application under this subchapter for an airport
development project involving the location of an airport or
runway or a major runway extension--
(A) only if the sponsor certifies to the Secretary
that--
(i) an opportunity for a public hearing was
given to consider the economic, social, and
environmental effects of the location and the
location's consistency with the objectives of
any planning that the community has carried
out;
(ii) the airport management board has voting
representation from the communities in which
the project is located or has advised the
communities that they have the right to
petition the Secretary about a proposed
project; and
(iii) with respect to an airport development
project involving the location of an airport,
runway, or major runway extension at a medium
or large hub airport, the airport sponsor has
made available to and has provided upon request
to the metropolitan planning organization in
the area in which the airport is located, if
any, a copy of the proposed amendment to the
airport layout plan to depict the project and a
copy of any airport master plan in which the
project is described or depicted; and
(B) if the application is found to have a significant
adverse effect on natural resources, including fish and
wildlife, natural, scenic, and recreation assets, water
and air quality, or another factor affecting the
environment, only after finding that no possible and
prudent alternative to the project exists and that
every reasonable step has been taken to minimize the
adverse effect.
(2) The Secretary may approve an application under this
subchapter for an airport development project that does not
involve the location of an airport or runway, or a major runway
extension, at an existing airport without requiring an
environmental impact statement related to noise for the project
if--
(A) completing the project would allow operations at
the airport involving aircraft complying with the noise
standards prescribed for ``stage 3'' aircraft in
section 36.1 of title 14, Code of Federal Regulations,
to replace existing operations involving aircraft that
do not comply with those standards; and
(B) the project meets the other requirements under
this subchapter.
(3) At the Secretary's request, the sponsor shall give the
Secretary a copy of the transcript of any hearing held under
paragraph (1)(A) of this subsection.
(4) The Secretary may make a finding under paragraph (1)(B)
of this subsection only after completely reviewing the matter.
The review and finding must be a matter of public record.
(d) Withholding Approval.--(1) The Secretary may withhold
approval of an application under this subchapter for amounts
apportioned under section 47114(c) and (e) of this title for
violating an assurance or requirement of this subchapter only
if--
(A) the Secretary provides the sponsor an opportunity
for a hearing; and
(B) not later than 180 days after the later of the
date of the application or the date the Secretary
discovers the noncompliance, the Secretary finds that a
violation has occurred.
(2) The 180-day period may be extended by--
(A) agreement between the Secretary and the sponsor;
or
(B) the hearing officer if the officer decides an
extension is necessary because the sponsor did not
follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary
withholding approval may obtain review of the order by filing a
petition in the United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of the United
States for the circuit in which the project is located. The
action must be brought not later than 60 days after the order
is served on the petitioner.
(e) Reports Relating to Construction of Certain New Hub
Airports.--At least 90 days prior to the approval under this
subchapter of a project grant application for construction of a
new hub airport that is expected to have 0.25 percent or more
of the total annual enplanements in the United States, the
Secretary shall submit to Congress a report analyzing the
anticipated impact of such proposed new airport on--
(1) the fees charged to air carriers (including
landing fees), and other costs that will be incurred by
air carriers, for using the proposed airport;
(2) air transportation that will be provided in the
geographic region of the proposed airport; and
(3) the availability and cost of providing air
transportation to rural areas in such geographic
region.
(f) Competition Plans.--
(1) Prohibition.--Beginning in fiscal year 2001, no
passenger facility charge may be approved for a covered
airport under section 40117 and no grant may be made
under this subchapter for a covered airport unless the
airport has submitted to the Secretary a written
competition plan in accordance with this subsection.
(2) Contents.--A competition plan under this
subsection shall include information on the
availability of airport gates and related facilities,
leasing and sub-leasing arrangements, gate-use
requirements, gate-assignment policy, financial
constraints, airport controls over air- and ground-side
capacity, and whether the airport intends to build or
acquire gates that would be used as common facilities.
(3) Special rule for fiscal year 2002.--This
subsection does not apply to any passenger facility fee
approved, or grant made, in fiscal year 2002 if the fee
or grant is to be used to improve security at a covered
airport.
(4) Covered airport defined.--In this subsection, the
term ``covered airport'' means a commercial service
airport--
(A) that has more than .25 percent of the
total number of passenger boardings each year
at all such airports; and
(B) at which one or two air carriers control
more than 50 percent of the passenger
boardings.
(g) Consultation With Secretary of Homeland Security.--The
Secretary shall consult with the Secretary of Homeland Security
before approving an application under this subchapter for an
airport development project grant for activities described in
section 47102(3)(B)(ii) only as they relate to security
equipment or section 47102(3)(B)(x) only as they relate to
installation of bulk explosive detection system.
(h) Evaluation of Airport Master Plans.--When evaluating the
master plan of an airport for purposes of this subchapter, the
Secretary shall take into account--
(1) the role the airport plays with respect to
medical emergencies and evacuations; and
(2) the role the airport plays in emergency or
disaster preparedness in the community served by the
airport.
Sec. 47107. Project grant application approval conditioned on
assurances about airport operations
(a) General Written Assurances.--The Secretary of
Transportation may approve a project grant application under
this subchapter for an airport development project only if the
Secretary receives written assurances, satisfactory to the
Secretary, that--
(1) the airport will be available for public use on
reasonable conditions and without unjust
discrimination;
(2) air carriers making similar use of the airport
will be subject to substantially comparable charges--
(A) for facilities directly and substantially
related to providing air transportation; and
(B) regulations and conditions, except for
differences based on reasonable
classifications, such as between--
(i) tenants and nontenants; and
(ii) signatory and nonsignatory
carriers;
(3) the airport operator will not withhold
unreasonably the classification or status of tenant or
signatory from an air carrier that assumes obligations
substantially similar to those already imposed on air
carriers of that classification or status;
(4) a person providing, or intending to provide,
aeronautical services to the public will not be given
an exclusive right to use the airport, with a right
given to only one fixed-base operator to provide
services at an airport deemed not to be an exclusive
right if--
(A) the right would be unreasonably costly,
burdensome, or impractical for more than one
fixed-base operator to provide the services;
and
(B) allowing more than one fixed-base
operator to provide the services would require
reducing the space leased under an existing
agreement between the one fixed-base operator
and the airport owner or operator;
(5) fixed-base operators similarly using the airport
will be subject to the same charges;
(6) an air carrier using the airport may service
itself or use any fixed-base operator allowed by the
airport operator to service any carrier at the airport;
(7) the airport and facilities on or connected with
the airport will be operated and maintained suitably,
with consideration given to climatic and flood
conditions;
(8) a proposal to close the airport temporarily for a
nonaeronautical purpose must first be approved by the
Secretary;
(9) appropriate action will be taken to ensure that
terminal airspace required to protect instrument and
visual operations to the airport (including operations
at established minimum flight altitudes) will be
cleared and protected by mitigating existing, and
preventing future, airport hazards;
(10) appropriate action, including the adoption of
zoning laws, has been or will be taken to the extent
reasonable to restrict the use of land next to or near
the airport to uses that are compatible with normal
airport operations;
(11) each of the airport's facilities developed with
financial assistance from the United States Government
and each of the airport's facilities usable for the
landing and taking off of aircraft always will be
available without charge for use by Government aircraft
in common with other aircraft, except that if the use
is substantial, the Government may be charged a
reasonable share, proportionate to the use, of the cost
of operating and maintaining the facility used;
(12) the airport owner or operator will provide,
without charge to the Government, property interests of
the sponsor in land or water areas or buildings that
the Secretary decides are desirable for, and that will
be used for, constructing at Government expense,
facilities for carrying out activities related to air
traffic control or navigation;
(13) the airport owner or operator will maintain a
schedule of charges for use of facilities and services
at the airport--
(A) that will make the airport as self-
sustaining as possible under the circumstances
existing at the airport, including volume of
traffic and economy of collection; and
(B) without including in the rate base used
for the charges the Government's share of costs
for any project for which a grant is made under
this subchapter or was made under the Federal
Airport Act or the Airport and Airway
Development Act of 1970;
(14) the project accounts and records will be kept
using a standard system of accounting that the
Secretary, after consulting with appropriate public
agencies, prescribes;
(15) the airport owner or operator will submit any
annual or special airport financial and operations
reports to the Secretary that the Secretary reasonably
requests and make such reports available to the public;
(16) the airport owner or operator will maintain a
current layout plan of the airport that meets the
following requirements:
(A) the plan will be in a form the Secretary
prescribes;
(B) the Secretary will review and approve or
disapprove only those portions of the plan (or
any subsequent revision to the plan) that
materially impact the safe and efficient
operation of aircraft at, to, or from the
airport or that would adversely affect the
safety of people or property on the ground
adjacent to the airport as a result of aircraft
operations, or that adversely affect the value
of prior Federal investments to a significant
extent;
(C) the owner or operator will not make or
allow any alteration in the airport or any of
its facilities unless the alteration--
(i) is outside the scope of the
Secretary's review and approval
authority as set forth in subparagraph
(B); or
(ii) complies with the portions of
the plan approved by the Secretary; and
(D) when an alteration in the airport or its
facility is made that is within the scope of
the Secretary's review and approval authority
as set forth in subparagraph (B), and does not
conform with the portions of the plan approved
by the Secretary, and the Secretary decides
that the alteration adversely affects the
safety, utility, or efficiency of aircraft
operations, or of any property on or off the
airport that is owned, leased, or financed by
the Government, then the owner or operator
will, if requested by the Secretary--
(i) eliminate the adverse effect in a
way the Secretary approves; or
(ii) bear all cost of relocating the
property or its replacement to a site
acceptable to the Secretary and of
restoring the property or its
replacement to the level of safety,
utility, efficiency, and cost of
operation that existed before the
alteration was made, except in the case
of a relocation or replacement of an
existing airport facility that meets
the conditions of section 47110(d);
(17) if any phase of such project has received funds
under this subchapter, each contract and subcontract
for program management, construction management,
planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering,
surveying, mapping, and related services will be
awarded in the same way that a contract for
architectural and engineering services is negotiated
under chapter 11 of title 40 or an equivalent
qualifications-based requirement prescribed for or by
the sponsor;
(18) the airport and each airport record will be
available for inspection by the Secretary on reasonable
request, and a report of the airport budget will be
available to the public at reasonable times and places;
(19) the airport owner or operator will submit to the
Secretary and make available to the public an annual
report listing in detail--
(A) all amounts paid by the airport to any
other unit of government and the purposes for
which each such payment was made; and
(B) all services and property provided to
other units of government and the amount of
compensation received for provision of each
such service and property;
(20) the airport owner or operator will permit, to
the maximum extent practicable, intercity buses or
other modes of transportation to have access to the
airport, but the sponsor does not have any obligation
under this paragraph, or because of it, to fund special
facilities for intercity bus service or for other modes
of transportation; and
(21) if the airport owner or operator and a person
who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator
will grant to the aircraft owner for the hangar a long-
term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may
impose.
(b) Written Assurances on Use of Revenue.--(1) The Secretary
of Transportation may approve a project grant application under
this subchapter for an airport development project only if the
Secretary receives written assurances, satisfactory to the
Secretary, that local taxes on aviation fuel (except taxes in
effect on December 30, 1987) and the revenues generated by a
public airport will be expended for the capital or operating
costs of--
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the
airport owner or operator and directly and
substantially related to the air transportation of
passengers or property.
(2) Paragraph (1) of this subsection does not apply if a
provision enacted not later than September 2, 1982, in a law
controlling financing by the airport owner or operator, or a
covenant or assurance in a debt obligation issued not later
than September 2, 1982, by the owner or operator, provides that
the revenues, including local taxes on aviation fuel at public
airports, from any of the facilities of the owner or operator,
including the airport, be used to support not only the airport
but also the general debt obligations or other facilities of
the owner or operator.
(3) This subsection does not prevent the use of a State tax
on aviation fuel to support a State aviation program or the use
of airport revenue on or off the airport for a noise mitigation
purpose.
(c) Written Assurances on Acquiring Land.--(1) In this
subsection, land is needed for an airport purpose (except a
noise compatibility purpose) if--
(A)(i) the land may be needed for an aeronautical
purpose (including runway protection zone) or serves as
noise buffer land; and
(ii) revenue from interim uses of the land
contributes to the financial self-sufficiency of the
airport; and
(B) for land purchased with a grant the owner or
operator received not later than December 30, 1987, the
Secretary of Transportation or the department, agency,
or instrumentality of the Government that made the
grant was notified by the owner or operator of the use
of the land and did not object to the use and the land
is still being used for that purpose.
(2) The Secretary of Transportation may approve an
application under this subchapter for an airport development
project grant only if the Secretary receives written
assurances, satisfactory to the Secretary, that if an airport
owner or operator has received or will receive a grant for
acquiring land and--
(A) if the land was or will be acquired for a noise
compatibility purpose (including land serving as a
noise buffer either by being undeveloped or developed
in a way that is compatible with using the land for
noise buffering purposes)--
(i) the owner or operator will dispose of the
land at fair market value at the earliest
practicable time after the land no longer is
needed for a noise compatibility purpose;
(ii) the disposition will be subject to
retaining or reserving an interest in the land
necessary to ensure that the land will be used
in a way that is compatible with noise levels
associated with operating the airport; and
(iii) the part of the proceeds from disposing
of the land that is proportional to the
Government's share of the cost of acquiring the
land will be reinvested in another project at
the airport or transferred to another airport
as the Secretary prescribes under paragraph
(4); or
(B) if the land was or will be acquired for an
airport purpose (except a noise compatibility
purpose)--
(i) the owner or operator, when the land no
longer is needed for an airport purpose, will
dispose of the land at fair market value or
make available to the Secretary an amount equal
to the Government's proportional share of the
fair market value;
(ii) the disposition will be subject to
retaining or reserving an interest in the land
necessary to ensure that the land will be used
in a way that is compatible with noise levels
associated with operating the airport; and
(iii) the part of the proceeds from disposing
of the land that is proportional to the
Government's share of the cost of acquiring the
land will be reinvested in another project at
the airport or transferred to another airport
as the Secretary prescribes under paragraph
(4).
(3) Proceeds referred to in paragraph (2)(A)(iii) and
(B)(iii) of this subsection and deposited in the Airport and
Airway Trust Fund are available as provided in subsection (f)
of this section.
(4) In approving the reinvestment or transfer of proceeds
under paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall
give preference, in descending order, to the following actions:
(A) Reinvestment in an approved noise compatibility
project.
(B) Reinvestment in an approved project that is
eligible for funding under section 47117(e).
(C) Reinvestment in an approved airport development
project that is eligible for funding under section
47114, 47115, or 47117.
(D) Transfer to a sponsor of another public airport
to be reinvested in an approved noise compatibility
project at that airport.
(E) Payment to the Secretary for deposit in the
Airport and Airway Trust Fund established under section
9502 of the Internal Revenue Code of 1986.
(5)(A) A lease at fair market value by an airport owner or
operator of land acquired for a noise compatibility purpose
using a grant provided under this subchapter shall not be
considered a disposal for purposes of paragraph (2).
(B) The airport owner or operator may use revenues from a
lease described in subparagraph (A) for an approved airport
development project that is eligible for funding under section
47114, 47115, or 47117.
(C) The Secretary shall coordinate with each airport owner or
operator to ensure that leases described in subparagraph (A)
are consistent with noise buffering purposes.
(D) The provisions of this paragraph apply to all land
acquired before, on, or after the date of enactment of this
paragraph.
(d) Assurances of Continuation as Public-Use Airport.--The
Secretary of Transportation may approve an application under
this subchapter for an airport development project grant for a
privately owned public-use airport only if the Secretary
receives appropriate assurances that the airport will continue
to function as a public-use airport during the economic life
(that must be at least 10 years) of any facility at the airport
that was developed with Government financial assistance under
this subchapter.
(e) Written Assurances of Opportunities for Small Business
Concerns.--(1) The Secretary of Transportation may approve a
project grant application under this subchapter for an airport
development project only if the Secretary receives written
assurances, satisfactory to the Secretary, that the airport
owner or operator will take necessary action to ensure, to the
maximum extent practicable, that at least 10 percent of all
businesses at the airport selling consumer products or
providing consumer services to the public are small business
concerns (as defined by regulations of the Secretary) owned and
controlled by a socially and economically disadvantaged
individual (as defined in section 47113(a) of this title) or
qualified HUBZone small business concerns (as defined in
section 31(b) of the Small Business Act).
(2) An airport owner or operator may meet the percentage goal
of paragraph (1) of this subsection by including any business
operated through a management contract or subcontract. The
dollar amount of a management contract or subcontract with a
disadvantaged business enterprise shall be added to the total
participation by disadvantaged business enterprises in airport
concessions and to the base from which the airport's percentage
goal is calculated. The dollar amount of a management contract
or subcontract with a non-disadvantaged business enterprise and
the gross revenue of business activities to which the
management contract or subcontract pertains may not be added to
this base.
(3) Except as provided in paragraph (4) of this subsection,
an airport owner or operator may meet the percentage goal of
paragraph (1) of this subsection by including the purchase from
disadvantaged business enterprises of goods and services used
in businesses conducted at the airport, but the owner or
operator and the businesses conducted at the airport shall make
good faith efforts to explore all available options to achieve,
to the maximum extent practicable, compliance with the goal
through direct ownership arrangements, including joint ventures
and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an
airport owner or operator shall include the revenues of car
rental firms at the airport in the base from which the
percentage goal in paragraph (1) is calculated.
(B) An airport owner or operator may require a car rental
firm to meet a requirement under paragraph (1) of this
subsection by purchasing or leasing goods or services from a
disadvantaged business enterprise. If an owner or operator
requires such a purchase or lease, a car rental firm shall be
permitted to meet the requirement by including purchases or
leases of vehicles from any vendor that qualifies as a small
business concern owned and controlled by a socially and
economically disadvantaged individual or as a qualified HUBZone
small business concern (as defined in section 31(b) of the
Small Business Act).
(C) This subsection does not require a car rental firm to
change its corporate structure to provide for direct ownership
arrangements to meet the requirements of this subsection.
(5) This subsection does not preempt--
(A) a State or local law, regulation, or policy
enacted by the governing body of an airport owner or
operator; or
(B) the authority of a State or local government or
airport owner or operator to adopt or enforce a law,
regulation, or policy related to disadvantaged business
enterprises.
(6) An airport owner or operator may provide opportunities
for a small business concern owned and controlled by a socially
and economically disadvantaged individual or a qualified
HUBZone small business concern (as defined in section 31(b) of
the Small Business Act) to participate through direct
contractual agreement with that concern.
(7) An air carrier that provides passenger or property-
carrying services or another business that conducts
aeronautical activities at an airport may not be included in
the percentage goal of paragraph (1) of this subsection for
participation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary of
Transportation shall prescribe regulations to carry out this
subsection.
(f) Availability of Amounts.--An amount deposited in the
Airport and Airway Trust Fund under--
(1) subsection (c)(2)(A)(iii) of this section is
available to the Secretary of Transportation to make a
grant for airport development or airport planning under
section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is
available to the Secretary--
(A) to make a grant for a purpose described
in section 47115(b) of this title; and
(B) for use under section 47114(d)(2) of this
title at another airport in the State in which
the land was disposed of under subsection
(c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in
addition to an amount made available to the Secretary
under section 48103 of this title and not subject to
apportionment under section 47114 of this title.
(g) Ensuring Compliance.--(1) To ensure compliance with this
section, the Secretary of Transportation--
(A) shall prescribe requirements for sponsors that
the Secretary considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an
application for a project grant only if the Secretary is
satisfied that the requirements prescribed under paragraph
(1)(A) of this subsection have been or will be met.
(h) Modifying Assurances and Requiring Compliance With
Additional Assurances.--
(1) In general.--Subject to paragraph (2), before
modifying an assurance required of a person receiving a
grant under this subchapter and in effect after
December 29, 1987, or to require compliance with an
additional assurance from the person, the Secretary of
Transportation must--
(A) publish notice of the proposed
modification in the Federal Register; and
(B) provide an opportunity for comment on the
proposal.
(2) Public notice before waiver of aeronautical land-
use assurance.--Before modifying an assurance under
subsection (c)(2)(B) that requires any property to be
used for an aeronautical purpose, the Secretary must
provide notice to the public not less than 30 days
before making such modification.
(i) Relief From Obligation To Provide Free Space.--When a
sponsor provides a property interest in a land or water area or
a building that the Secretary of Transportation uses to
construct a facility at Government expense, the Secretary may
relieve the sponsor from an obligation in a contract made under
this chapter, the Airport and Airway Development Act of 1970,
or the Federal Airport Act to provide free space to the
Government in an airport building, to the extent the Secretary
finds that the free space no longer is needed to carry out
activities related to air traffic control or navigation.
(j) Use of Revenue in Hawaii.--(1) In this subsection--
(A) ``duty-free merchandise'' and ``duty-free sales
enterprise'' have the same meanings given those terms
in section 555(b)(8) of the Tariff Act of 1930 (19
U.S.C. 1555(b)(8)).
(B) ``highway'' and ``Federal-aid system'' have the
same meanings given those terms in section 101(a) of
title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii
may use, for a project for construction or reconstruction of a
highway on a Federal-aid system that is not more than 10 miles
by road from an airport and that will facilitate access to the
airport, revenue from the sales at off-airport locations in
Hawaii of duty-free merchandise under a contract between Hawaii
and a duty-free sales enterprise. However, the revenue
resulting during a Hawaiian fiscal year may be used only if the
amount of the revenue, plus amounts Hawaii receives in the
fiscal year from all other sources for costs Hawaii incurs for
operating all airports it operates and for debt service related
to capital projects for the airports (including interest and
amortization of principal costs), is more than 150 percent of
the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of
this subsection in a Hawaiian fiscal year that Hawaii may use
may not be more than the amount that is greater than 150
percent as determined under paragraph (2).
(B) The maximum amount of revenue Hawaii may use under
paragraph (2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or
service from an aircraft operator by an airport operated by
Hawaii is increased during the period from May 4, 1990, through
December 31, 1994, by more than the percentage change in the
Consumer Price Index of All Urban Consumers for Honolulu,
Hawaii, that the Secretary of Labor publishes during that
period and if revenue derived from the fee increases because
the fee increased, the amount under paragraph (3)(B) of this
subsection shall be reduced by the amount of the projected
revenue increase in the period less the part of the increase
attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected
revenue increases referred to in this subsection and shall
submit the determinations to the Secretary of Transportation. A
determination is approved unless the Secretary disapproves it
not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of
this title in a fiscal year in which Hawaii uses under
paragraph (2) of this subsection revenue from sales referred to
in paragraph (2). Hawaii shall repay amounts it receives in a
fiscal year under a grant it is not eligible to receive because
of this paragraph to the Secretary of Transportation for
deposit in the discretionary fund established under section
47115.
(7)(A) This subsection applies only to revenue from sales
referred to in paragraph (2) of this subsection from May 5,
1990, through December 30, 1994, and to amounts in the Airport
Revenue Fund of Hawaii that are attributable to revenue before
May 4, 1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this
subsection from May 5, 1990, through December 30, 1994, may be
used under paragraph (2) in any Hawaiian fiscal year, including
a Hawaiian fiscal year beginning after December 31, 1994.
(k) Policies and Procedures To Ensure Enforcement Against
Illegal Diversion of Airport Revenue.--
(1) In general.--Not later than 90 days after August
23, 1994, the Secretary of Transportation shall
establish policies and procedures that will assure the
prompt and effective enforcement of subsections (a)(13)
and (b) of this section and grant assurances made under
such subsections. Such policies and procedures shall
recognize the exemption provision in subsection (b)(2)
of this section and shall respond to the information
contained in the reports of the Inspector General of
the Department of Transportation on airport revenue
diversion and such other relevant information as the
Secretary may by law consider.
(2) Revenue diversion.--Policies and procedures to be
established pursuant to paragraph (1) of this
subsection shall prohibit, at a minimum, the diversion
of airport revenues (except as authorized under
subsection (b) of this section) through--
(A) direct payments or indirect payments,
other than payments reflecting the value of
services and facilities provided to the
airport;
(B) use of airport revenues for general
economic development, marketing, and
promotional activities unrelated to airports or
airport systems;
(C) payments in lieu of taxes or other
assessments that exceed the value of services
provided; or
(D) payments to compensate nonsponsoring
governmental bodies for lost tax revenues
exceeding stated tax rates.
(3) Efforts to be self-sustaining.--With respect to
subsection (a)(13) of this section, policies and
procedures to be established pursuant to paragraph (1)
of this subsection shall take into account, at a
minimum, whether owners and operators of airports, when
entering into new or revised agreements or otherwise
establishing rates, charges, and fees, have undertaken
reasonable efforts to make their particular airports as
self-sustaining as possible under the circumstances
existing at such airports.
(4) Administrative safeguards.--Policies and
procedures to be established pursuant to paragraph (1)
shall mandate internal controls, auditing requirements,
and increased levels of Department of Transportation
personnel sufficient to respond fully and promptly to
complaints received regarding possible violations of
subsections (a)(13) and (b) of this section and grant
assurances made under such subsections and to alert the
Secretary to such possible violations.
(5) Statute of limitations.--In addition to the
statute of limitations specified in subsection (m)(7),
with respect to project grants made under this
chapter--
(A) any request by a sponsor or any other
governmental entity to any airport for
additional payments for services conducted off
of the airport or for reimbursement for capital
contributions or operating expenses shall be
filed not later than 6 years after the date on
which the expense is incurred; and
(B) any amount of airport funds that are used
to make a payment or reimbursement as described
in subparagraph (A) after the date specified in
that subparagraph shall be considered to be an
illegal diversion of airport revenues that is
subject to subsection (m).
(l) Audit Certification.--
(1) In general.--The Secretary of Transportation,
acting through the Administrator of the Federal
Aviation Administration, shall include a provision in
the compliance supplement provisions to require a
recipient of a project grant (or any other recipient of
Federal financial assistance that is provided for an
airport) to include as part of an annual audit
conducted under sections 7501 through 7505 of title 31,
a review concerning the funding activities with respect
to an airport that is the subject of the project grant
(or other Federal financial assistance) and the
sponsors, owners, or operators (or other recipients)
involved.
(2) Content of review.--A review conducted under
paragraph (1) shall provide reasonable assurances that
funds paid or transferred to sponsors are paid or
transferred in a manner consistent with the applicable
requirements of this chapter and any other applicable
provision of law (including regulations promulgated by
the Secretary or the Administrator).
(m) Recovery of Illegally Diverted Funds.--
(1) In general.--Not later than 180 days after the
issuance of an audit or any other report that
identifies an illegal diversion of airport revenues (as
determined under subsections (b) and (k) and section
47133), the Secretary, acting through the
Administrator, shall--
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final
determination concerning whether the illegal
diversion of airport revenues asserted in the
audit or report occurred.
(2) Notification.--Upon making such a finding, the
Secretary, acting through the Administrator, shall
provide written notification to the sponsor and the
airport of--
(A) the finding; and
(B) the obligations of the sponsor to
reimburse the airport involved under this
paragraph.
(3) Administrative action.--The Secretary may
withhold any amount from funds that would otherwise be
made available to the sponsor, including funds that
would otherwise be made available to a State,
municipality, or political subdivision thereof
(including any multimodal transportation agency or
transit authority of which the sponsor is a member
entity) as part of an apportionment or grant made
available pursuant to this title, if the sponsor--
(A) receives notification that the sponsor is
required to reimburse an airport; and
(B) has had an opportunity to reimburse the
airport, but has failed to do so.
(4) Civil action.--If a sponsor fails to pay an
amount specified under paragraph (3) during the 180-day
period beginning on the date of notification and the
Secretary is unable to withhold a sufficient amount
under paragraph (3), the Secretary, acting through the
Administrator, may initiate a civil action under which
the sponsor shall be liable for civil penalty in [an
amount equal to] an amount equal to double the illegal
diversion in question plus interest (as determined
under subsection (n)).
(5) Disposition of penalties.--
(A) Amounts withheld.--The Secretary or the
Administrator shall transfer any amounts
withheld under paragraph (3) to the Airport and
Airway Trust Fund.
(B) Civil penalties.--With respect to any
amount collected by a court in a civil action
under paragraph (4), the court shall cause to
be transferred to the Airport and Airway Trust
Fund any amount collected as a civil penalty
under paragraph (4).
(6) Reimbursement.--The Secretary, acting through the
Administrator, shall, as soon as practicable after any
amount is collected from a sponsor under paragraph (4),
cause to be transferred from the Airport and Airway
Trust Fund to an airport affected by a diversion that
is the subject of a civil action under paragraph (4),
reimbursement in an amount equal to the amount that has
been collected from the sponsor under paragraph (4)
(including any amount of interest calculated under
subsection (n)).
(7) Statute of limitations.--No person may bring an
action for the recovery of funds illegally diverted in
violation of this section (as determined under
subsections (b) and (k)) or section 47133 after the
date that is 6 years after the date on which the
diversion occurred.
(n) Interest.--
(1) In general.--Except as provided in paragraph (2),
the Secretary, acting through the Administrator, shall
charge a minimum annual rate of interest on the amount
of any illegal diversion of revenues referred to in
subsection (m) in [an amount equal to] an amount equal
to double the average investment interest rate for tax
and loan accounts of the Department of the Treasury (as
determined by the Secretary of the Treasury) for the
applicable calendar year, rounded to the nearest whole
percentage point.
(2) Adjustment of interest rates.--If, with respect
to a calendar quarter, the average investment interest
rate for tax and loan accounts of the Department of the
Treasury exceeds the average investment interest rate
for the immediately preceding calendar quarter, rounded
to the nearest whole percentage point, the Secretary of
the Treasury may adjust the interest rate charged under
this subsection in a manner that reflects that change.
(3) Accrual.--Interest assessed under subsection (m)
shall accrue from the date of the actual illegal
diversion of revenues referred to in subsection (m).
(4) Determination of applicable rate.--The applicable
rate of interest charged under paragraph (1) shall--
(A) be the rate in effect on the date on
which interest begins to accrue under paragraph
(3); and
(B) remain at a rate fixed under subparagraph
(A) during the duration of the indebtedness.
(o) Payment by Airport to Sponsor.--If, in the course of an
audit or other review conducted under this section, the
Secretary or the Administrator determines that an airport owes
a sponsor funds as a result of activities conducted by the
sponsor or expenditures by the sponsor for the benefit of the
airport, interest on that amount shall be determined in the
same manner as provided in paragraphs (1) through (4) of
subsection (n), except that the amount of any interest assessed
under this subsection shall be determined from the date on
which the Secretary or the Administrator makes that
determination.
(p) Notwithstanding any written assurances prescribed in
subsections (a) through (o), a general aviation airport with
more than 300,000 annual operations may be exempt from having
to accept scheduled passenger air carrier service, provided
that the following conditions are met:
(1) No scheduled passenger air carrier has provided
service at the airport within 5 years prior to January
1, 2002.
(2) The airport is located within or underneath the
Class B airspace of an airport that maintains an
airport operating certificate pursuant to section 44706
of title 49.
(3) The certificated airport operating under section
44706 of title 49 does not contribute to significant
passenger delays as defined by DOT/FAA in the ``Airport
Capacity Benchmark Report 2001''.
(q) An airport that meets the conditions of paragraphs (1)
through (3) of subsection (p) is not subject to section 47524
of title 49 with respect to a prohibition on all scheduled
passenger service.
(r) Competition Disclosure Requirement.--
(1) In general.--The Secretary of Transportation may
approve an application under this subchapter for an
airport development project grant for a large hub
airport or a medium hub airport only if the Secretary
receives assurances that the airport sponsor will
provide the information required by paragraph (2) at
such time and in such form as the Secretary may
require.
(2) Competitive access.--On February 1 and August 1
of each year, an airport that during the previous 6-
month period has been unable to accommodate one or more
requests by an air carrier for access to gates or other
facilities at that airport in order to provide service
to the airport or to expand service at the airport
shall transmit a report to the Secretary that--
(A) describes the requests;
(B) provides an explanation as to why the
requests could not be accommodated; and
(C) provides a time frame within which, if
any, the airport will be able to accommodate
the requests.
(3) Sunset provision.--This subsection shall cease to
be effective beginning October 1, [2023] 2028.
(s) Agreements Granting Through-The-Fence Access to General
Aviation Airports.--
(1) In general.--Subject to paragraph (2), a sponsor
of a general aviation airport shall not be considered
to be in violation of this subtitle, or to be 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 enters into an
agreement that grants to a person that owns residential
real property adjacent to or near the airport access to
the airfield of the airport for the following:
(A) Aircraft of the person.
(B) Aircraft authorized by the person.
(2) Through-the-fence agreements.--
(A) In general.--An agreement described in
paragraph (1) between an airport sponsor and a
property owner (or an association representing
such property owner) shall be a written
agreement that prescribes the rights,
responsibilities, charges, duration, and other
terms the airport sponsor determines are
necessary to establish and manage the airport
sponsor's relationship with the property owner.
(B) Terms and conditions.--An agreement
described in paragraph (1) between an airport
sponsor and a property owner (or an association
representing such property owner) shall require
the property owner, at minimum--
(i) to pay airport access charges
that, as determined by the airport
sponsor, are comparable to those
charged to tenants and operators on-
airport making similar use of the
airport;
(ii) to bear the cost of building and
maintaining the infrastructure that, as
determined by the airport sponsor, is
necessary to provide aircraft located
on the property adjacent to or near the
airport access to the airfield of the
airport;
(iii) to maintain the property for
residential, noncommercial use for the
duration of the agreement;
(iv) to prohibit access to the
airport from other properties through
the property of the property owner; and
(v) to prohibit any aircraft
refueling from occurring on the
property.
(3) Exemption.--The terms and conditions of paragraph
(2) shall not apply to an agreement described in
paragraph (1) made before the enactment of the FAA
Modernization and Reform Act of 2012 (Public Law 112-
95) that the Secretary determines does not comply with
such terms and conditions but involves property that is
subject to deed or lease restrictions that are
considered perpetual and that cannot readily be brought
into compliance. However, if the Secretary determines
that the airport sponsor and residential property
owners are able to make any modification to such an
agreement on or after the date of enactment of this
paragraph, the exemption provided by this paragraph
shall no longer apply.
(t) Renewal of Certain Leases.--
(1) In general.--Notwithstanding subsection (a)(13),
an airport owner or operator who renews a covered lease
shall not be treated as violating a written assurance
requirement under this section as a result of such
renewal.
(2) Covered lease defined.--In this subsection, the
term ``covered lease'' means a lease--
(A) originally entered into before [the date
of enactment of this subsection] October 7,
2016;
(B) under which a nominal lease rate is
provided;
(C) under which the lessee is a Federal or
State government entity; and
[(D) that supports the operation of military
aircraft by the Air Force or Air National
Guard--
[(i) at the airport; or
[(ii) remotely from the airport.]
(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.
(u) Construction of Recreational Aircraft.--
(1) In general.--The construction of a covered
aircraft shall be treated as an aeronautical activity
for purposes of--
(A) determining an airport's compliance with
a grant assurance made under this section or
any other provision of law; and
(B) the receipt of Federal financial
assistance for airport development.
(2) Covered aircraft defined.--In this subsection,
the term ``covered aircraft'' means an aircraft--
(A) used or intended to be used exclusively
for recreational purposes; and
(B) constructed or under construction by a
private individual at a general aviation
airport.
[(v) Community Use of Airport Land.--
[(1) In general.--Notwithstanding subsection (a)(13),
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 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.
[(2) Restrictions.--This subsection shall apply
only--
[(A) 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;
[(B) 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;
[(C) to airport property that was acquired
under a Federal airport development grant
program;
[(D) 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;
[(E) 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;
[(F) if the recreational purpose will not
impact the aeronautical use of the airport;
[(G) if the airport sponsor provides a
certification that the sponsor is not
responsible for preparation, start-up,
operations, maintenance, or any other costs
associated with the recreational purpose; and
[(H) if the recreational purpose is
consistent with Federal land use compatibility
criteria under section 47502.
[(3) 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.]
(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.
(w) Mothers' Rooms.--
(1) In general.--The Secretary of Transportation may
approve an application under this subchapter for an
airport development project grant only if the Secretary
receives written assurances that the airport owner or
operator will maintain--
(A) a lactation area in the sterile area of
each passenger terminal building of the
airport; and
(B) a baby changing table in at least one
men's and at least one women's restroom in each
passenger terminal building of the airport.
(2) Applicability.--
(A) Airport size.--
(i) In general.--The requirements in
paragraph (1) shall only apply to
applications submitted by the airport
sponsor of--
(I) a medium or large hub
airport in fiscal year 2021 and
each fiscal year thereafter;
and
(II) an applicable small hub
airport in fiscal year 2023 and
each fiscal year thereafter.
(ii) Applicable small hub airport
defined.--In clause (i)(II), the term
``applicable small hub airport'' means
an airport designated as a small hub
airport during--
(I) the 3-year period
consisting of 2020, 2021, and
2022; or
(II) any consecutive 3-year
period beginning after 2020.
(B) Preexisting facilities.--On application
by an airport sponsor, the Secretary may
determine that a lactation area in existence on
October 5, 2018, complies with the requirement
in paragraph (1)(A), notwithstanding the
absence of one of the facilities or
characteristics referred to in the definition
of the term ``lactation area'' in this
subsection.
(C) Special rule.--The requirement in
paragraph (1)(A) shall not apply with respect
to a project grant application for a period of
time, determined by the Secretary, if the
Secretary determines that construction or
maintenance activities make it impracticable or
unsafe for the lactation area to be located in
the sterile area of the building.
(3) Definition.--In this section, the term--
(A) ``lactation area'' means a room or
similar accommodation that--
(i) provides a location for members
of the public to express breast milk
that is shielded from view and free
from intrusion from the public;
(ii) has a door that can be locked;
(iii) includes a place to sit, a
table or other flat surface, a sink or
sanitizing equipment, and an electrical
outlet;
(iv) is readily accessible to and
usable by individuals with
disabilities, including individuals who
use wheelchairs; and
(v) is not located in a restroom; and
(B) ``sterile area'' has the same meaning
given that term in section 1540.5 of title 49,
Code of Federal Regulations.
Sec. 47108. Project grant agreements
(a) Offer and Acceptance.--On approving a project grant
application under this subchapter, the Secretary of
Transportation shall offer the sponsor a grant to pay the
United States Government's share of the project costs allowable
under section 47110 of this title. The Secretary may impose
terms on the offer that the Secretary considers necessary to
carry out this subchapter and regulations prescribed under this
subchapter. An offer shall state the obligations to be assumed
by the sponsor and the maximum amount the Government will pay
for the project from the amounts authorized under chapter 481
of this title (except sections 48102(e), 48106, 48107, and
48110). At the request of the sponsor, an offer of a grant for
a project that will not be completed in one fiscal year shall
provide for the obligation of amounts apportioned or to be
apportioned to a sponsor under section 47114(c) or
[47114(d)(3)(A) of this title] 47114(d)(2)(A) for the fiscal
years necessary to pay the Government's share of the cost of
the project. An offer that is accepted in writing by the
sponsor is an agreement binding on the Government and the
sponsor. The Government may pay or be obligated to pay a
project cost only after a grant agreement for the project is
signed.
[(b) Increasing Government's Share Under This Subchapter or
Chapter 475.--(1) When an offer has been accepted in writing,
the amount stated in the offer as the maximum amount the
Government will pay may be increased only as provided in
paragraphs (2) and (3) of this subsection.
[(2)(A) For a project receiving assistance under a grant
approved under the Airport and Airway Improvement Act of 1982
before October 1, 1987, the amount may be increased by not more
than--
[(i) 10 percent for an airport development project,
except a project for acquiring an interest in land; and
[(ii) 50 percent of the total increase in allowable
project costs attributable to acquiring an interest in
land, based on current creditable appraisals.
[(B) An increase under subparagraph (A) of this paragraph may
be paid only from amounts the Government recovers from other
grants made under this subchapter.
[(3) For a project receiving assistance under a grant
approved under the Act, this subchapter, or chapter 475 of this
title after September 30, 1987, the amount may be increased--
[(A) for an airport development project, by not more
than 15 percent; and
[(B) for a grant after September 30, 1992, 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.
[(c) Increasing Government's Share Under Airport and Airway
Development Act of 1970.--For a project receiving assistance
under a grant made under the Airport and Airway Development Act
of 1970, the maximum amount the Government will pay may be
increased by not more than 10 percent. An increase under this
subsection may be paid only from amounts the Government
recovers from other grants made under the Act.]
(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.
[(d)] (c) Changing Workscope.--With the consent of the
sponsor, the Secretary may amend a grant agreement made under
this subchapter to change the workscope of a project financed
under the grant if the amendment does not result in an increase
in the maximum amount the Government may pay under subsection
(b) of this section.
[(e)] (d) Change in Airport Status.--
(1) Changes to nonprimary airport status.--If the
status of a primary airport changes to a nonprimary
airport at a time when a development project under a
multiyear agreement under subsection (a) is not yet
completed, the project shall remain eligible for
funding from discretionary funds under section 47115 at
the funding level and under the terms provided by the
agreement, subject to the availability of funds.
(2) Changes to noncommercial service airport
status.--If the status of a commercial service airport
changes to a noncommercial service airport at a time
when a terminal development project under a phased-
funding arrangement is not yet completed, the project
shall remain eligible for funding from discretionary
funds under section 47115 at the funding level and
under the terms provided by the arrangement subject to
the availability of funds.
(3) Changes to nonhub primary status.--If the status
of a nonhub primary airport changes to a small hub
primary airport at a time when the airport has received
discretionary funds under this chapter for a terminal
development project in accordance with section
47119(a), and the project is not yet completed, the
project shall remain eligible for funding from the
discretionary fund and the small airport fund to pay
costs allowable under section 47119(a). Such project
shall remain eligible for such funds for three fiscal
years after the start of construction of the project,
or if the Secretary determines that a further extension
of eligibility is justified, until the project is
completed.
Sec. 47109. United States Government's share of project costs
(a) General.--Except as otherwise provided in this section,
the United States Government's share of allowable project costs
is--
(1) 75 percent for a project at a medium or large hub
airport;
(2) not more than [90 percent] 91 percent for a
project funded by a grant issued to and administered by
a State under section 47128, relating to the State
block grant program;
(3) 90 percent for a project at any other airport;
(4) 70 percent for a project funded by the
Administrator from the discretionary fund under section
47115 at an airport receiving an exemption under
section 47134; and
(5) 95 percent for a project that--
(A) the Administrator determines is a
successive phase of a multiphase construction
project for which the sponsor received a grant
in fiscal year 2011; and
(B) for which the United States Government's
share of allowable project costs would
otherwise be capped at 90 percent under
paragraph (2) or (3).
(b) Increased Government Share.--If, under subsection (a) of
this section, the Government's share of allowable costs of a
project in a State containing unappropriated and unreserved
public lands and nontaxable Indian lands (individual and
tribal) of more than 5 percent of the total area of all lands
in the State, is less than the share applied on June 30, 1975,
under section 17(b) of the Airport and Airway Development Act
of 1970, the Government's share under subsection (a) of this
section shall be increased by the lesser of--
(1) 25 percent;
(2) one-half of the percentage that the area of
unappropriated and unreserved public lands and
nontaxable Indian lands in the State is of the total
area of the State; or
(3) the percentage necessary to increase the
Government's share to the percentage that applied on
June 30, 1975, under section 17(b) of the Act.
(c) Grandfather Rule.--
(1) In general.--In the case of any project approved
after September 30, 2003, at a small hub airport or
nonhub airport that is located in a State containing
unappropriated and unreserved public lands and
nontaxable Indian lands (individual and tribal) of more
than 5 percent of the total area of all lands in the
State, the Government's share of allowable costs of the
project shall be increased by the same ratio as the
basic share of allowable costs of a project divided
into the increased (Public Lands States) share of
allowable costs of a project as shown on documents of
the Federal Aviation Administration dated August 3,
1979, at airports for which the general share was 80
percent on August 3, 1979. This subsection shall apply
only if--
(A) the State contained unappropriated and
unreserved public lands and nontaxable Indian
lands of more than 5 percent of the total area
of all lands in the State on August 3, 1979;
and
(B) the application under subsection (b),
does not increase the Government's share of
allowable costs of the project.
(2) The Government's share of allowable project costs
determined under this subsection shall not exceed the
lesser of 93.75 percent or the highest percentage
Government share applicable to any project in any State
under subsection (b), except that at a primary non-hub
and non-primary commercial service airport located in a
State as set forth in paragraph (1) of this subsection
that is within 15 miles of another State as set forth
in paragraph (1) of this subsection, the Government's
share shall be an average of the Government share
applicable to any project in each of the States.
(d) Special Rule for Privately Owned Reliever Airports.--If a
privately owned reliever airport contributes any lands,
easements, or rights-of-way to carry out a project under this
subchapter, the current fair market value of such lands,
easements, or rights-of-way shall be credited toward the non-
Federal share of allowable project costs.
(e) Special Rule for Transition From Small Hub to Medium Hub
Status.--If the status of a small hub airport changes to a
medium hub airport, the Government's share of allowable project
costs for the airport may not exceed 90 percent for the first 2
fiscal years after such change in hub status.
(f) Special Rule for Economically Distressed Communities.--
The Government's share of allowable project costs shall be 95
percent for a project at an airport that--
(1) is receiving essential air service for which
compensation was provided to an air carrier under
subchapter II of chapter 417; and
(2) is located in an area that meets one or more of
the criteria established in section 301(a) of the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3161(a)), as determined by the Secretary of
Commerce.
(g) Special Rule for Covered Equipment.--
(1) In general.--The Government's share of allowable
project costs for covered equipment and its
installation shall be 100 percent.
(2) Definition of covered equipment.--For purposes of
this subsection, the term ``covered equipment'' means
aqueous film forming foam input-based testing equipment
that is eligible for Airport Improvement Program
funding based on Federal Aviation Administration PGL
21-01, titled ``Extension of Eligibility for stand-
alone acquisition of input-based testing equipment and
truck modification'', dated October 5, 2021 (or any
other successor program guidance letter).
(3) Sunset.--The higher cost share authority
established in this subsection shall terminate on the
earlier of--
(A) 180 days after the date on which the
eligibility of covered equipment for Airport
Improvement Program funding under the authority
described in paragraph (2) terminates or is
discontinued by the Administrator; or
(B) 5 years after the date of enactment of
this subsection.
Sec. 47110. Allowable project costs
(a) General Authority.--Except as provided in section 47111
of this title, the United States Government may pay or be
obligated to pay, from amounts appropriated to carry out this
subchapter, a cost incurred in carrying out a project under
this subchapter only if the Secretary of Transportation decides
the cost is allowable.
(b) Allowable Cost Standards.--A project cost is allowable--
(1)(A) if the cost necessarily is incurred in
carrying out the project in compliance with the grant
agreement made for the project under this subchapter,
including any cost a sponsor incurs related to an audit
the Secretary requires under section 47121(b) or (d) of
this title and any cost of moving a Federal facility
impeding the project if the rebuilt facility is of an
equivalent size and type; or
(B) if the cost is an incentive payment incurred in
carrying out the project described in subparagraph (A)
that is to be provided to a contractor upon early
completion of a project, if--
(i) such payment does not exceed the lesser
of 5 percent of the initial construction
contract amount or $1,000,000;
(ii) the level of contractor's control of, or
access to, the worksite necessary to shorten
the duration of the project does not negatively
impact the operation of the airport;
(iii) the contract specifies application of
the incentive structure in the event of
unforeseeable, non-weather delays beyond the
control of the contractor;
(iv) nothing in any agreement with the
contractor prevents the airport operator from
retaining responsibility for the safety,
efficiency, and capacity of the airport during
the execution of the grant agreement; and
(v) the Secretary determines that the use of
an incentive payment is likely to increase
airport capacity or efficiency or result in
cost savings as a result of shortening the
project's duration;
(2)(A) if the cost is incurred after the grant
agreement is executed and is for airport development or
airport planning carried out after the grant agreement
is executed;
(B) if the cost is incurred after June 1, 1989, by
the airport operator (regardless of when the grant
agreement is executed) as part of a Government-approved
noise compatibility program (including project
formulation costs) and is consistent with all
applicable statutory and administrative requirements;
(C) if the Government's share is paid only with
amounts apportioned under paragraphs (1) and (2) of
section 47114(c) or section 47114(d)(3)(A) and if the
cost is incurred--
(i) after September 30, 1996;
(ii) before a grant agreement is executed for
the project; and
(iii) in accordance with an airport layout
plan approved by the Secretary and with all
statutory and administrative requirements that
would have been applicable to the project if
the project had been carried out after the
grant agreement had been executed; or
(D) if the cost is for airport development and is
incurred before execution of the grant agreement, but
in the same fiscal year as execution of the grant
agreement, and if--
(i) the cost was incurred before execution of
the grant agreement because the airport has a
shortened construction season due to climatic
conditions in the vicinity of the airport;
(ii) the cost is in accordance with an
airport layout plan approved by the Secretary
and with all statutory and administrative
requirements that would have been applicable to
the project if the project had been carried out
after execution of the grant agreement,
including submission of a complete grant
application to the appropriate regional or
district office of the Federal Aviation
Administration;
(iii) the sponsor notifies the Secretary
before authorizing work to commence on the
project;
(iv) the sponsor has an alternative funding
source available to fund the project; and
(v) the sponsor's decision to proceed with
the project in advance of execution of the
grant agreement does not affect the priority
assigned to the project by the Secretary for
the allocation of discretionary funds;
(3) to the extent the cost is reasonable in amount;
(4) if the cost is not incurred in a project for
airport development or airport planning for which other
Government assistance has been granted;
(5) if the total costs allowed for the project are
not more than the amount stated in the grant agreement
as the maximum the Government will pay (except as
provided in section 47108(b) of this title);
(6) if the cost is for a project not described in
section 47102(3) for acquiring for use at a commercial
service airport vehicles and ground support equipment
owned by an airport that include low-emission
technology, but only to the extent of the incremental
cost of equipping such vehicles or equipment with low-
emission technology, as determined by the Secretary;
and
(7) if the cost is incurred on a measure to improve
the efficiency of an airport building (such as a
measure designed to meet one or more of the criteria
for being considered a high-performance green building
as set forth under section 401(13) of the Energy
Independence and Security Act of 2007 (42 U.S.C.
17061(13))) and--
(A) the measure is for a project for airport
development;
(B) the measure is for an airport building
that is otherwise eligible for construction
assistance under this subchapter; and
(C) if the measure results in an increase in
initial project costs, the increase is
justified by expected savings over the life
cycle of the project.
(c) Certain Prior Costs as Allowable Costs.--The Secretary
may decide that a project cost under subsection (b)(2)(A) of
this section incurred [after May 13, 1946, and] before the date
the grant agreement is executed is allowable if it is--
(1) necessarily incurred in formulating or preparing
for an airport development project, including costs
incurred for field surveys, plans and specifications,
property interests in land or airspace, utility
relocation, work site preparation, and administration
or other incidental items that would not have been
incurred except for the project; or
(2) necessarily and directly incurred in developing
the work scope of an airport planning project.
(d) Relocation of Airport-Owned Facilities.--The Secretary
may determine that the costs of relocating or replacing an
airport-owned facility are allowable for an airport development
project at an airport only if--
(1) the Government's share of such costs will be paid
with funds apportioned to the airport sponsor under
[section 47114(c)(1) or 47114(d)] section 47114 or
distributed from the small airport fund under section
47116;
(2) the Secretary determines that the relocation or
replacement is required due to a change in the
Secretary's design standards; and
(3) the Secretary determines that the change is
beyond the control of the airport sponsor.
(e) Letters of Intent.--(1) The Secretary may issue a letter
of intent to the sponsor stating an intention to obligate from
future budget authority an amount, not more than the
Government's share of allowable project costs, for an airport
development project (including costs of formulating the
project) at a primary or reliever 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) Paragraph (1) of this subsection applies to a project--
(A) about which the sponsor notifies the Secretary,
before the project begins, of the sponsor's intent to
carry out the project;
(B) that will 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; and
(C) that meets the criteria of section 47115(d) and,
if for a project at a [commercial service airport
having at least 0.25 percent of the boardings each year
at all such airports] medium hub airport or large hub
airport, the Secretary decides will enhance system-wide
airport capacity significantly.
(3) A letter of intent issued under paragraph (1) of 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.
(4) The total estimated amount of future Government
obligations covered by all outstanding letters of intent under
paragraph (1) of this subsection 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.
(5) Letters of intent.--The Secretary may not require an
eligible agency to impose a passenger facility charge under
section 40117 in order to obtain a letter of intent under this
section.
(6) 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.
(7) Partnership program airports.--The Secretary may issue a
letter of intent [under this section] under this subsection to
an airport sponsor with an approved application under section
47134(b) if--
(A) the application was approved in fiscal year 2019;
and
(B) the project meets all other requirements set
forth in this chapter.
(f) Nonallowable Costs.--Except as provided in subsection (d)
of this section and section 47118(f) of this title, a cost is
not an allowable airport development project cost if it is
for--
(1) constructing a public parking facility for
passenger automobiles;
(2) constructing, altering, or repairing part of an
airport building, except to the extent the building
will be used for facilities or activities directly
related to the safety of individuals at the airport;
(3) decorative landscaping; or
(4) providing or installing sculpture or art works.
(g) Use of Discretionary Funds.--A project for which cost
reimbursement is provided under subsection (b)(2)(C) shall not
receive priority consideration with respect to the use of
discretionary funds made available under section 47115 of this
title even if the amounts made available under paragraphs (1)
and (2) of section 47114(c) or section 47114(d)(3)(A) are not
sufficient to cover the Government's share of the cost of the
project.
(h) Nonprimary Airports.--The Secretary may decide that the
construction costs of revenue producing aeronautical support
facilities are allowable for an airport development project at
a nonprimary airport if the Government's share of such costs is
paid only with funds apportioned to the airport sponsor under
[section 47114(d)(3)(A)] section 47114(c)(1)(D) or section
47114(d)(2)(A) and if the Secretary determines that the sponsor
has made adequate provision for financing airside needs of the
airport.
[(i) Bird-Detecting Radar Systems.--The Administrator of the
Federal Aviation Administration, upon the conclusion of all
planned research by the Administration regarding avian radar
systems, shall--
[(1) update Advisory Circular No. 150/5220-25 to
specify which systems have been studied; and
[(2) within 180 days after such research is
concluded, issue a final report on the use of avian
radar systems in the national airspace system.]
(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.--
(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.
(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).
(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. 47111. Payments under project grant agreements
(a) General Authority.--After making a project grant
agreement under this subchapter and consulting with the
sponsor, the Secretary of Transportation may decide when and in
what amounts payments under the agreement will be made.
Payments totaling not more than 90 percent of the United States
Government's share of the project's estimated allowable costs
may be made before the project is completed if the sponsor
certifies to the Secretary that the total amount expended from
the advance payments at any time will not be more than the cost
of the airport development work completed on the project at
that time.
(b) Recovering Payments.--If the Secretary determines that
the total amount of payments made under a grant agreement under
this subchapter is more than the Government's share of the
total allowable project costs, the Government may recover the
excess amount. If the Secretary finds that a project for which
an advance payment was made has not been completed within a
reasonable time, the Government may recover any part of the
advance payment for which the Government received no benefit.
(c) Payment Deposits.--A payment under a project grant
agreement under this subchapter may be made only to an official
or depository designated by the sponsor and authorized by law
to receive public money.
(d) Withholding Payments.--(1) The Secretary may withhold a
payment under a grant agreement under this subchapter for more
than 180 days after the payment is due only if the Secretary--
(A) notifies the sponsor and provides an opportunity
for a hearing; and
(B) finds that the sponsor has violated the
agreement.
(2) The 180-day period may be extended by--
(A) agreement of the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an
extension is necessary because the sponsor did not
follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary
withholding a payment may apply for review of the order by
filing a petition in the United States Court of Appeals for the
District of Columbia Circuit or in the court of appeals of the
United States for the circuit in which the project is located.
The petition must be filed not later than 60 days after the
order is served on the petitioner.
(e) Action on Grant Assurances Concerning Airport Revenues.--
If, after notice and opportunity for a hearing, the Secretary
finds a violation of section 47107(b) of this title, as further
defined by the Secretary under section 47107(k) of this title,
or a violation of an assurance made under section 47107(b) of
this title, and the Secretary has provided an opportunity for
the airport sponsor to take corrective action to cure such
violation, and such corrective action has not been taken within
the period of time set by the Secretary, the Secretary shall
withhold approval of any new grant application for funds under
this chapter, or any proposed modification to an existing grant
that would increase the amount of funds made available under
this chapter to the airport sponsor, and withhold approval of
any new application to impose a [fee] charge under section
40117 of this title. Such applications may thereafter be
approved only upon a finding by the Secretary that such
corrective action as the Secretary requires has been taken to
address the violation and that the violation no longer exists.
(f) Judicial Enforcement.--For any violation of this chapter
or any grant assurance made under this chapter, the Secretary
may apply to the district court of the United States for any
district in which the violation occurred for enforcement. Such
court shall have jurisdiction to enforce obedience thereto by a
writ of injunction or other process, mandatory or otherwise,
restraining any person from further violation.
* * * * * * *
Sec. 47113. Minority and disadvantaged business participation
(a) Definitions.--In this section--
(1) ``small business concern''--
(A) has the meaning given the term in section
3 of the Small Business Act (15 U.S.C. 632);
but
(B) in the case of a concern in the
construction industry, a concern shall be
considered a small business concern if the
concern meets the size standard for the North
American Industry Classification System Code
237310, as adjusted by the Small Business
Administration;
(2) ``socially and economically disadvantaged
individual'' has the same meaning given that term in
section 8(d) of the Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations prescribed under section
8(d), except that women are presumed to be socially and
economically disadvantaged; and
(3) the term ``qualified HUBZone small business
concern'' has the meaning given that term in section
31(b) of the Small Business Act.
(b) General Requirement.--Except to the extent the Secretary
decides otherwise, at least 10 percent of amounts available in
a fiscal year under section 48103 of this title shall be
expended with small business concerns owned and controlled by
socially and economically disadvantaged individuals or
qualified HUBZone small business concerns.
(c) Uniform Criteria.--The Secretary shall establish minimum
uniform criteria for State governments and airport sponsors to
use in certifying whether a small business concern qualifies
under this section. The criteria shall include on-site visits,
personal interviews, licenses, analyses of stock ownership and
bonding capacity, listings of equipment and work completed,
resumes of principal owners, financial capacity, and type of
work preferred.
(d) Surveys and Lists.--Each State or airport sponsor
annually shall survey and compile a list of small business
concerns referred to in subsection (b) of this section and the
location of each concern in the State.
(e) Mandatory Training Program.--
(1) In general.--Not later than 1 year after the date
of enactment of this subsection, the Secretary shall
establish a mandatory training program for persons
described in paragraph (3) to provide streamlined
training on certifying whether a small business concern
qualifies as a small business concern owned and
controlled by socially and economically disadvantaged
individuals under this section and section 47107(e).
(2) Implementation.--The training program may be
implemented by one or more private entities approved by
the Secretary.
(3) Participants.--A person referred to in paragraph
(1) is an official or agent of an airport sponsor--
(A) who is required to provide a written
assurance under this section or section
47107(e) that the airport owner or operator
will meet the percentage goal of subsection (b)
of this section or section 47107(e)(1), as the
case may be; or
(B) who is responsible for determining
whether or not a small business concern
qualifies as a small business concern owned and
controlled by socially and economically
disadvantaged individuals under this section or
section 47107(e).
(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. 47114. Apportionments
(a) Definition.--In this section, ``amount subject to
apportionment'' means the amount newly made available under
section 48103 of this title for a fiscal year.
(b) Apportionment Date.--On the first day of each fiscal
year, the Secretary of Transportation shall apportion the
amount subject to apportionment for that fiscal year as
provided in this section.
(c) Amounts Apportioned to Sponsors.--
[(1) Primary airports.--
[(A) Apportionment.--The Secretary shall
apportion to the sponsor of each primary
airport for each fiscal year an amount equal
to--
[(i) $7.80 for each of the first
50,000 passenger boardings at the
airport during the prior calendar year;
[(ii) $5.20 for each of the next
50,000 passenger boardings at the
airport during the prior calendar year;
[(iii) $2.60 for each of the next
400,000 passenger boardings at the
airport during the prior calendar year;
[(iv) $.65 for each of the next
500,000 passenger boardings at the
airport during the prior calendar year;
and
[(v) $.50 for each additional
passenger boarding at the airport
during the prior calendar year.
[(B) Minimum and maximum apportionments.--Not
less than $650,000 nor more than $22,000,000
may be apportioned under subparagraph (A) of
this paragraph to an airport sponsor for a
primary airport for each fiscal year.
[(C) Special rule.--In any fiscal year in
which the total amount made available under
section 48103 is $3,200,000,000 or more--
[(i) the amount to be apportioned to
a sponsor under subparagraph (A) shall
be increased by doubling the amount
that would otherwise be apportioned;
[(ii) the minimum apportionment to a
sponsor under subparagraph (B) shall be
$1,000,000 rather than $650,000; and
[(iii) the maximum apportionment to a
sponsor under subparagraph (B) shall be
$26,000,000 rather than $22,000,000.
[(D) New airports.--Notwithstanding
subparagraph (A), the Secretary shall apportion
on the first day of the first fiscal year
following the official opening of a new airport
with scheduled passenger air transportation an
amount equal to the minimum amount set forth in
subparagraph (B) or (C), as appropriate, to the
sponsor of such airport.
[(E) Use of previous fiscal year's
apportionment.--Notwithstanding subparagraph
(A), the Secretary may apportion to an airport
sponsor in a fiscal year an amount equal to the
amount apportioned to that sponsor in the
previous fiscal year if the Secretary finds
that--
[(i) passenger boardings at the
airport fell below 10,000 in the
calendar year used to calculate the
apportionment;
[(ii) the airport had at least 10,000
passenger boardings in the calendar
year prior to the calendar year used to
calculate apportionments to airport
sponsors in a fiscal year; and
[(iii) the cause of the shortfall in
passenger boardings was a temporary but
significant interruption in service by
an air carrier to that airport due to
an employment action, natural disaster,
or other event unrelated to the demand
for air transportation at the affected
airport.
[(F) Special rule for fiscal years 2018
through 2020.--Notwithstanding subparagraph (A)
and subject to subparagraph (G), the Secretary
shall apportion to a sponsor of an airport
under that subparagraph for each of fiscal
years 2018 through 2020 an amount based on the
number of passenger boardings at the airport
during calendar year 2012 if the airport--
[(i) had 10,000 or more passenger
boardings during calendar year 2012;
[(ii) had fewer than 10,000 passenger
boardings during the calendar year used
to calculate the apportionment for
fiscal year 2018, 2019, or 2020, as
applicable, under subparagraph (A); and
[(iii) had scheduled air service at
any point in the calendar year used to
calculate the apportionment.
[(G) Limitations and waivers.--The authority
to make apportionments in the manner prescribed
in subparagraph (F) may be utilized no more
than 3 years in a row. The Secretary may waive
this limitation if the Secretary determines
that an airport's enplanements are
substantially close to 10,000 enplanements and
the airport sponsor or affected communities are
taking reasonable steps to restore enplanements
above 10,000.
[(H) Minimum apportionment for commercial
service airports with more than 8,000 passenger
boardings in a calendar year.--Not less than
$600,000 may be apportioned under subparagraph
(A) for each fiscal year to each sponsor of a
commercial service airport that had fewer than
10,000 passenger boardings, but at least 8,000
passenger boardings, during the prior calendar
year.
[(I) Seasonal airports.--Notwithstanding
section 47102, if the Secretary determines that
a commercial service airport with at least
8,000 passenger boardings receives scheduled
air carrier service for fewer than 6 months in
the calendar year used to calculate
apportionments to airport sponsors in a fiscal
year, then the Secretary shall consider the
airport to be a nonhub primary airport for
purposes of this chapter.
[(J) Special rule for fiscal years 2022 and
2023.--Notwithstanding subparagraph (A) and the
absence of scheduled passenger aircraft service
at an airport, the Secretary shall apportion in
fiscal years 2022 and 2023 to the sponsor of
the 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:
[(i) Calendar year 2018.
[(ii) Calendar year 2019.
[(iii) The prior full calendar year
prior to the current fiscal year.]
(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.--
(A) Apportionment.--Subject to subparagraph (D), the
Secretary shall apportion an amount equal to [3.5] 4
percent of the amount subject to apportionment each
fiscal year to the sponsors of airports served by
aircraft providing air transportation of only cargo
with a total annual landed weight of more than
[100,000,000 pounds] 25,000,000 pounds.
(B) Suballocation formula.--Any funds apportioned
under subparagraph (A) to sponsors of airports
described in subparagraph (A) shall be allocated among
those airports in the proportion that the total annual
landed weight of aircraft described in subparagraph (A)
landing at each of those airports bears to the total
annual landed weight of those aircraft landing at all
those airports.
[(C) Limitation.--In any fiscal year in which the
total amount made available under section 48103 is less
than $3,200,000,000, not more than 8 percent of the
amount apportioned under subparagraph (A) may be
apportioned for any one airport.]
[(D)] (C) Distribution to other airports.--Before
apportioning amounts to the sponsors of airports under
subparagraph (A) for a fiscal year, the Secretary may
set-aside a portion of such amounts for distribution to
the sponsors of other airports, selected by the
Secretary, that the Secretary finds will be served
primarily by aircraft providing air transportation of
only cargo.
[(E)] (D) Determination of landed weight.--Landed
weight under this paragraph is the landed weight of
aircraft landing at each airport described in
subparagraph (A) during the prior calendar year.
(d) Amounts Apportioned for General Aviation Airports.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Area.--The term ``area'' includes land
and water.
(B) Population.--The term ``population''
means the population stated in the latest
decennial census of the United States.
[(2) Apportionment.--Except as provided in paragraph
(3), the Secretary shall apportion to the States 18.5
percent of the amount subject to apportionment for each
fiscal year as follows:
[(A) 0.66 percent of the apportioned amount
to Guam, American Samoa, the Northern Mariana
Islands, and the Virgin Islands.
[(B) Except as provided in paragraph (4),
49.67 percent of the apportioned amount for
airports, excluding primary airports but
including reliever and nonprimary commercial
service airports, in States not named in
subparagraph (A) in the proportion that the
population of each of those States bears to the
total population of all of those States.
[(C) Except as provided in paragraph (4),
49.67 percent of the apportioned amount for
airports, excluding primary airports but
including reliever and nonprimary commercial
service airports, in States not named in
subparagraph (A) in the proportion that the
area of each of those States bears to the total
area of all of those States.]
[(3) Special rule.--] (2) Apportionment._ ._In any
fiscal year in which the total amount made available
under section 48103 is $3,200,000,000 or more, rather
than making an apportionment under paragraph (2), the
Secretary shall apportion [20 percent] 25 percent of
the amount subject to apportionment for each fiscal
year as follows:
(A) To each airport, [excluding primary
airports but including reliever and nonprimary
commercial service airports] excluding
commercial service airports but including
reliever airports, in States the lesser of--
(i) $150,000; or
(ii) 1/5 of the most recently
published estimate of the 5-year costs
for airport improvement for the
airport, as listed in the national plan
of integrated airport systems developed
by the Federal Aviation Administration
under section 47103.
(B) Any remaining amount to States as
follows:
(i) 0.62 percent of the remaining
amount to Guam, American Samoa, the
Commonwealth of the Northern Mariana
Islands, and the Virgin Islands.
(ii) Except as provided in paragraph
(4), 49.69 percent of the remaining
amount for airports, [excluding primary
airports but including reliever and
nonprimary commercial service airports]
excluding commercial service airports
but including reliever airports, in
States not named in clause (i) in the
proportion that the population of each
of those States bears to the total
population of all of those States.
(iii) Except as provided in paragraph
(4), 49.69 percent of the remaining
amount for airports, [excluding primary
airports but including reliever and
nonprimary commercial service airports]
excluding commercial service airports
but including reliever airports, in
States not named in clause (i) in the
proportion that the area of each of
those States bears to the total area of
all of those States.
[(C) During fiscal years 2019 and 2020--
[(i) an airport that accrued
apportionment funds under subparagraph
(A) in fiscal year 2013 that is listed
as having an unclassified status under
the most recent national plan of
integrated airport systems shall
continue to accrue apportionment funds
under subparagraph (A) at the same
amount the airport accrued
apportionment funds in fiscal year
2013, subject to the conditions of this
paragraph;
[(ii) notwithstanding the period of
availability as described in section
47117(b), an amount apportioned to an
airport under clause (i) shall be
available to the airport only during
the fiscal year in which the amount is
apportioned; and
[(iii) notwithstanding the waiver
permitted under section 47117(c)(2), an
airport receiving apportionment funds
under clause (i) may not waive its
claim to any part of the apportioned
funds in order to make the funds
available for a grant for another
public-use airport.
[(D) An airport that re-establishes its
classified status shall be eligible to accrue
apportionment funds pursuant to subparagraph
(A) so long as such airport retains its
classified status.]
(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.
[(4) Airports in alaska, puerto rico, and hawaii.--An
amount apportioned under paragraph (2) or (3)] .--
(A) Alaska, puerto rico, and hawaii._An
amount apportioned under this subsection to
Alaska, Puerto Rico, or Hawaii for airports in
such State may be made available by the
Secretary for any public airport in those
respective jurisdictions.
(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.
[(5)] (4) Use of state highway specifications.--The
Secretary shall use the highway specifications of a
State for airfield pavement construction and
improvement using funds made available under this
subsection or subsection (c)(1)(D) at nonprimary
airports serving aircraft that do not exceed 60,000
pounds gross weight if--
(A) such State requests the use of such
specifications; and
(B) the Secretary determines that--
(i) safety will not be negatively
affected; and
(ii) the life of the pavement, with
necessary maintenance and upkeep, will
not be shorter than it would be if
constructed using Administration
standards.
[(6)] (5) Integrated airport system planning.--
Notwithstanding any other [provision of this
subsection] provision of this section, funds made
available under this subsection or subsection (c)(1)(D)
may be used for integrated airport system planning that
encompasses one or more primary airports.
[(7)] (6) Eligibility to receive primary airport
minimum apportionment amount.--Notwithstanding any
other provision of this subsection, the Secretary may
apportion to an airport sponsor in a fiscal year an
amount equal to the minimum apportionment available
under subsection (c)(1)(B) if the Secretary finds that
the airport--
(A) received scheduled or unscheduled air
service from a large certificated air carrier
(as defined in part 241 of title 14, Code of
Federal Regulations, or such other regulations
as may be issued by the Secretary under the
authority of section 41709) in the calendar
year used to calculate the apportionment; and
(B) had more than 10,000 passenger boardings
in the calendar year used to calculate the
apportionment.
(e) Supplemental Apportionment for Alaska.--
(1) In general.--Notwithstanding subsections (c) and
(d) of this section, the Secretary may apportion
amounts for airports in Alaska in the way in which
amounts were apportioned in the fiscal year ending
September 30, 1980, under section 15(a) of the Act.
However, in apportioning amounts for a fiscal year
under this subsection, the Secretary shall apportion--
(A) for each primary airport at least as much
as would be apportioned for the airport under
subsection (c)(1) of this section; and
(B) a total amount at least equal to the
minimum amount required to be apportioned to
airports in Alaska in the fiscal year ending
September 30, 1980, under section 15(a)(3)(A)
of the Act.
(2) Authority for discretionary grants.--This
subsection does not prohibit the Secretary from making
project grants for airports in Alaska from the
discretionary fund under section 47115 of this title.
(3) Airports eligible for funds.--An amount
apportioned under this subsection may be used for any
public airport in Alaska.
(4) Special rule.--In any fiscal year in which the
total amount made available under section 48103 is
$3,200,000,000 or more, the amount that may be
apportioned for airports in Alaska under paragraph (1)
shall be increased by doubling the amount that would
otherwise be apportioned.
(f) Reducing Apportionments.--
(1) In general.--Subject to paragraph (3), an amount
that would be apportioned under this section (except
subsection (c)(2)) in a fiscal year to the [sponsor of
an airport having at least .25 percent of the total
number of boardings each year in the United States and]
sponsor of a medium or large hub airport for which a
charge is imposed in the fiscal year under section
40117 of this title shall be reduced by an amount equal
to--
(A) in the case of a charge of $3.00 or
less--
(i) except as provided in clause
(ii), 50 percent of the projected
revenues from the charge in the fiscal
year but not by more than 50 percent of
the amount that otherwise would be
apportioned under this section; or
(ii) with respect to an airport in
Hawaii, 50 percent of the projected
revenues from the charge in the fiscal
year but not by more than 50 percent of
the excess of--
(I) the amount that otherwise
would be apportioned under this
section; over
(II) the amount equal to the
amount specified in subclause
(I) multiplied by the
percentage of the total
passenger boardings at the
applicable airport that are
comprised of interisland
passengers; and
(B) in the case of a charge of more than
$3.00--
(i) except as provided in clause
(ii), [75 percent] 60 percent of the
projected revenues from the charge in
the fiscal year but not by more than
[75 percent] 60 percent of the amount
that otherwise would be apportioned
under this section; or
(ii) with respect to an airport in
Hawaii, [75 percent] 60 percent of the
projected revenues from the charge in
the fiscal year but not by more than
[75 percent] 60 percent of the excess
of--
(I) the amount that otherwise
would be apportioned under this
section; over
(II) the amount equal to the
amount specified in subclause
(I) multiplied by the
percentage of the total
passenger boardings at the
applicable airport that are
comprised of interisland
passengers.
[(2) Effective date of reduction.--A reduction in an
apportionment required by 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 is begun.
[(3) Special rule for transitioning airports.--
[(A) In general.--Beginning with the fiscal
year following the first calendar year in which
the sponsor of an airport has more than .25
percent of the total number of boardings in the
United States, the sum of the amount that would
be apportioned under this section after
application of paragraph (1) in a fiscal year
to such sponsor and the projected revenues to
be derived from the charge in such fiscal year
shall not be less than the sum of the
apportionment to such airport for the preceding
fiscal year and the revenues derived from such
charge in the preceding fiscal year.
[(B) Effective period.--Subparagraph (A)
shall be in effect for fiscal year 2004.]
(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.
(g) Supplemental Apportionment for Puerto Rico and United
States Territories.--The Secretary shall apportion amounts for
airports in Puerto Rico and all other United States territories
in accordance with this section. This subsection does not
prohibit the Secretary from making project grants for airports
in Puerto Rico or other United States territories from the
discretionary fund under section 47115.
Sec. 47115. Discretionary fund
(a) Existence and Amounts in Fund.--The Secretary of
Transportation has a discretionary fund. The fund consists of--
(1) amounts subject to apportionment for a fiscal
year that are not apportioned under section 47114(c)-
(e) of this title; and
(2) 12.5 percent of amounts not apportioned under
section 47114 of this title because of section
47114(f).
(b) Availability of Amounts.--Subject to subsection (c) of
this section and section 47117(e) of this title, the fund is
available for making grants for any purpose for which amounts
are made available under section 48103 of this title that the
Secretary considers most appropriate to carry out this
subchapter.
(c) Minimum Percentage for Primary and Reliever Airports.--At
least 75 percent of the amount in the fund and distributed by
the Secretary in a fiscal year shall be used for making
grants--
(1) to preserve and enhance capacity, safety, and
security at primary and reliever airports; and
(2) to carry out airport noise compatibility planning
and programs at primary and reliever airports.
(d) Considerations.--
(1) For capacity enhancement projects.--In selecting
a project for a grant to preserve and improve capacity
funded in whole or in part from the fund, the Secretary
shall consider--
(A) the effect that the project will have on
overall national transportation system
capacity;
(B) the benefit and cost of the project,
including, in the case of a project at a
reliever airport, the number of operations
projected to be diverted from a primary airport
to the reliever airport as a result of the
project, as well as the cost savings projected
to be realized by users of the local airport
system;
(C) the financial commitment from non-United
States Government sources to preserve or
improve airport capacity;
(D) the airport improvement priorities of the
States to the extent such priorities are not in
conflict with subparagraphs (A) and (B);
(E) the projected growth in the number of
passengers or aircraft that will be using the
airport at which the project will be carried
out; and
(F) the ability of the project to foster
United States competitiveness in securing
global air cargo activity at a United States
airport.
(2) For all projects.--In selecting a project for a
grant under this section, the Secretary shall consider
among other factors whether--
(A) funding has been provided for all other
projects qualifying for funding during the
fiscal year under this chapter that have
attained a higher score under the numerical
priority system employed by the Secretary in
administering the fund; and
(B) the sponsor will be able to commence the
work identified in the project application in
the fiscal year in which the grant is made or
within 6 months after the grant is made,
whichever is later.
(e) Waiving Percentage Requirement.--If the Secretary decides
the Secretary cannot comply with the percentage requirement of
subsection (c) of this section in a fiscal year because there
are insufficient qualified grant applications to meet that
percentage, the amount the Secretary determines will not be
distributed as required by subsection (c) is available for
obligation during the fiscal year without regard to the
requirement.
(f) Consideration of Diversion of Revenues in Awarding
Discretionary Grants.--
(1) General rule.--Subject to paragraph (2), in
deciding whether or not to distribute funds to an
airport from the discretionary funds established by
subsection (a) of this section and section 47116 of
this title, the Secretary shall consider as a factor
militating against the distribution of such funds to
the airport the fact that the airport is using revenues
generated by the airport or by local taxes on aviation
fuel for purposes other than capital or operating costs
of the airport or the local airports system or other
local facilities which are owned or operated by the
owner or operator of the airport and directly and
substantially related to the actual air transportation
of passengers or property.
(2) Required finding.--Paragraph (1) shall apply only
when the Secretary finds that the amount of revenues
used by the airport for purposes other than capital or
operating costs in the airport's fiscal year preceding
the date of the application for discretionary funds
exceeds the amount of such revenues in the airport's
first fiscal year ending after August 23, 1994,
adjusted by the Secretary for changes in the Consumer
Price Index of All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.
(g) Minimum Amount To Be Credited.--
(1) General rule.--In a fiscal year, there shall be
credited to the fund, out of amounts made available
under section 48103 of this title, an amount that is at
least equal to the sum of--
(A) $148,000,000; plus
(B) the total amount required from the fund
to carry out in the fiscal year letters of
intent issued before January 1, 1996, under
section 47110(e) of this title or the Airport
and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have
been apportioned in a prior fiscal year under section
47114 of this title and that remain available for
obligation.
(2) Reduction of apportionments.--In a fiscal year in
which the amount credited under subsection (a) is less
than the minimum amount to be credited under paragraph
(1), the total amount calculated under paragraph (3)
shall be reduced by an amount that, when credited to
the fund, together with the amount credited under
subsection (a), equals such minimum amount.
(3) Amount of reduction.--For a fiscal year, the
total amount available to make a reduction to carry out
paragraph (2) is the total of the amounts determined
under sections 47114(c)(1)(A), 47114(c)(2), 47114(d),
and 47117(e) of this title. Each amount shall be
reduced by an equal percentage to achieve the
reduction.
(h) Priority for Letters of Intent.--In making grants in a
fiscal year with funds made available under this section, the
Secretary shall fulfill intentions to obligate under section
47110(e) prior to fulfilling intentions to obligate under
section 47110(i).
(i) Marshall Islands, Micronesia, and Palau.--For [fiscal
years 2018 through 2023] fiscal years 2023 through 2028, the
sponsors of airports located in the Republic of the Marshall
Islands, Federated States of Micronesia, and Republic of Palau
shall be eligible for grants under this section and section
47116.
(j) Supplemental Discretionary Funds.--
(1) In general.--The Secretary shall establish a
program to provide grants, subject to the conditions of
this subsection, for any purpose for which amounts are
made available under section 48103 that the Secretary
considers most appropriate to carry out this
subchapter.
(2) Treatment of grants.--
(A) In general.--A grant made under this
subsection shall be treated as having been made
pursuant to the Secretary's authority under
section 47104(a) and from the Secretary's
discretionary fund under subsection (a) of this
section.
(B) Exception.--Except as otherwise provided
in this subsection, grants made under this
subsection shall not be subject to subsection
(c), section 47117(e), or any other
apportionment formula, special apportionment
category, or minimum percentage set forth in
this chapter.
(3) Eligibility and prioritization.--
(A) Eligibility.--The Secretary may provide
grants under this subsection for an airport or
terminal development project at any airport
that is eligible to receive a grant from the
discretionary fund under subsection (a) of this
section.
[(B) Prioritization.--Not less than 50
percent of the amounts available under this
subsection shall used to provide grants at--
[(i) airports that are eligible for
apportionment under section
47114(d)(3); and
[(ii) nonhub and small hub airports.]
(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.
(4) Authorization.--
(A) In general.--There is authorized to be
appropriated to the Secretary to carry out this
subsection the following amounts:
(i) $1,020,000,000 for fiscal year
2019.
(ii) $1,041,000,000 for fiscal year
2020.
(iii) $1,064,000,000 for fiscal year
2021.
(iv) $1,087,000,000 for fiscal year
2022.
[(v) $1,110,000,000 for fiscal year
2023.]
(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.
(B) Availability.--Sums authorized to be
appropriated under subparagraph (A) shall
remain available for [2 fiscal years] 3 fiscal
years.
(k) Partnership Program Airports.--
(1) Authority.--The Secretary may make grants with
funds made available under this section for an airport
participating in the program under section 47134 if--
(A) the Secretary has approved the
application of an airport sponsor under section
47134(b) in fiscal year 2019; and
(B) the grant will--
(i) satisfy an obligation incurred by
an airport sponsor under section
47110(e) or funded by a nonpublic
sponsor for an airport development
project on the airport; or
(ii) provide partial Federal
reimbursement for airport development
(as defined in section 47102) on the
airport layout plan initiated in the
fiscal year in which the application
was approved, or later, for over a
period of not more than 10 years.
(2) Nonapplicability of certain sections.--Grants
made under this subsection shall not be subject to--
(A) subsection (c) of this section;
(B) section 47117(e); or
(C) any other apportionment formula, special
apportionment category, or minimum percentage
set forth in this chapter.
Sec. 47116. Small airport fund
(a) Existence and Amounts in Fund.--The Secretary of
Transportation has a small airport fund. The fund consists of
87.5 percent of amounts not apportioned under section 47114 of
this title because of section 47114(f).
(b) Distribution of Amounts.--The Secretary may distribute
amounts in the fund in each fiscal year for any purpose for
which amounts are made available under section 48103 of this
title as follows:
[(1) one-seventh for grants for projects at small hub
airports; and
[(2) the remaining amounts based on the following:
[(A) one-third for grants to sponsors of
public-use airports (except commercial service
airports).
[(B) two-thirds for grants to sponsors of
each commercial service airport that each year
has less than .05 percent of the total
boardings in the United States in that year.]
(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.
(c) Authority To Receive Grant Not Dependent on Participation
in Block Grant Pilot Program.--An airport in a State
participating in the State block grant pilot program under
section 47128 of this title may receive a grant under this
section to the same extent the airport may receive a grant if
the State were not participating in the program.
(d) Priority Consideration for Certain Projects.--
(1) Construction of new runways.--In making grants to
sponsors described in subsection (b)(2), the Secretary
shall give priority consideration to multi-year
projects for construction of new runways that the
Secretary finds are cost beneficial and would increase
capacity in a region of the United States.
[(2) Airport development for eligible mountaintop
airports.--In making grants to sponsors described in
subsection (b), the Secretary shall give priority
consideration to mass grading and associated structural
support (including access road, duct banks, and other
related infrastructure) at mountaintop airports,
provided that the airport would not otherwise have
sufficient surface area for--
[(A) eligible and justified airport
development projects; or
[(B) additional hangar space.]
[(3)] (2) Control tower construction.--
Notwithstanding section 47124(b)(4)(A), the Secretary
may provide grants under this section to an airport
sponsor participating in the contract tower program
under section 47124 for the construction or improvement
of a nonapproach control tower, as defined by the
Secretary, and for the acquisition and installation of
air traffic control, communications, and related
equipment to be used in that tower. Such grants shall
be subject to the distribution requirements of
subsection (b) and the eligibility requirements of
section 47124(b)(4)(B).
[(e) Set-Aside for Meeting Safety Terms in Airport Operating
Certificates.--In the first fiscal year beginning after the
effective date of regulations issued to carry out section
44706(b) with respect to airports described in section
44706(a)(2), and in each of the next 4 fiscal years, the lesser
of $15,000,000 or 20 percent of the amounts that would
otherwise be distributed to sponsors of airports under
subsection (b)(2) shall be used to assist the airports in
meeting the terms established by the regulations. If the
Secretary publishes in the Federal Register a finding that all
the terms established by the regulations have been met, this
subsection shall cease to be effective as of the date of such
publication.
[(f) Notification of Source of Grant.--Whenever the Secretary
makes a grant under this section, the Secretary shall notify
the recipient of the grant, in writing, that the source of the
grant is from the small airport fund.]
(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. 47117. Use of apportioned amounts
(a) Grant Purpose.--Except as provided in this section, an
amount apportioned under section 47114(c)(1) or (d)(2) of this
title is available for making grants for any purpose for which
amounts are made available under section 48103 of this title.
(b) Period of Availability.--
(1) In general.--An amount apportioned under section
47114 of this title is available to be obligated for
grants under the apportionment only during the fiscal
year for which the amount was apportioned and the 2
fiscal years immediately after that year or the 3
fiscal years immediately following that year in the
case of a nonhub airport or any airport that is not a
commercial service airport. Except as provided in
paragraph (2), if the amount is not obligated under the
apportionment within that time, it shall be added to
the discretionary fund.
(2) Expired amounts apportioned for general aviation
airports.--
(A) In general.--Except as provided in
subparagraph (B), if an amount apportioned
under section 47114(d) is not obligated within
the time specified in paragraph (1), that
amount shall be added to the discretionary fund
under section 47115 of this title, provided
that--
(i) amounts made available under
paragraph (2)(A) shall be used for
grants for projects in accordance with
section 47115(d)(2) at airports
eligible to receive an apportionment
under section 47114(d)(2) [or (3)(A),
whichever is applicable]; and
(ii) amounts made available under
paragraph (2)(A) that are not obligated
by July 1 of the fiscal year in which
the funds will expire shall be made
available for all projects in
accordance with section 47115(d)(2).
(B) State block grant program.--If an amount
apportioned to an airport under [section
47114(d)(3)(A)] section 47114(d)(2)(A) is not
obligated within the time specified in
paragraph (1), and the airport is located in a
State participating in the State block grant
program under section 47128, the amount shall
be made available to that State under the same
conditions as if the State had been apportioned
the amount under [section 47114(d)(3)(B)]
section 47114(d)(2)(B).
(c) Primary Airports.--(1) An amount apportioned to a sponsor
of a primary airport under section 47114(c)(1) of this title is
available for grants for any public-use airport of the sponsor
included in the national plan of integrated airport systems.
(2) Waiver.--A sponsor of an airport may make an agreement
with the Secretary of Transportation waiving the sponsor's
claim to any part of the amount apportioned for the airport
under sections 47114(c) and [47114(d)(3)(A)] 47114(d)(2)(A) if
the Secretary agrees to make the waived amount available for a
grant for another public-use airport in the same State or
geographical area as the airport, as determined by the
Secretary.
(d) State Use.--An amount apportioned to a State under--
(1) [section 47114(d)(2)(A) of this title] section
47114(d)(2)(B)(i) is available for grants for airports
located in the State; and
(2) [section 47114(d)(2)(B) or (C)] section
47114(d)(2)(B)(ii) or (iii) [of this title] is
available for grants for airports described in [section
47114(d)(2)(B) or (C)] section 47114(d)(2)(B)(ii) or
(iii) and located in the State.
(e) Special Apportionment Categories.--(1) The Secretary
shall use amounts available to the discretionary fund under
section 47115 of this title for each fiscal year as follows:
(A) At least 35 percent, but not more than
[$300,000,000] $200,000,000, for grants for airport
noise compatibility planning under section 47505(a)(2),
for carrying out noise compatibility programs under
section 47504(c), for noise mitigation projects
approved in an environmental record of decision for an
airport development project under this title, [for
compatible land use planning and projects carried out
by State and local governments under section 47141,]
for airport development described in [section
47102(3)(Q)] subparagraphs (O) through (Q) of section
47102(3), for airport development described in section
47102(3)(F), 47102(3)(K), or 47102(3)(L) [to comply
with the Clean Air Act (42 U.S.C. 7401 et seq.)], and
for water quality mitigation projects to comply with
the Act of June 30, 1948 (33 U.S.C. 1251 et seq.),
approved in an environmental record of decision for an
airport development project under this title. The
Secretary may count the amount of grants made for such
planning and programs with funds apportioned under
section 47114 in that fiscal year in determining
whether or not the requirements of the preceding
sentence are being met in that fiscal year. 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.
(B) At least 4 percent to sponsors of current or
former military airports designated by the Secretary
under section 47118(a) of this title for grants for
developing current and former military airports to
improve the capacity of the national air transportation
system and to sponsors of noncommercial service
airports for grants for operational and maintenance
expenses at any such airport if the amount of such
grants to the sponsor of the airport does not exceed
$30,000 in that fiscal year, if the Secretary
determines that the airport is adversely affected by
the closure or realignment of a military base, and if
the sponsor of the airport certifies that the airport
would otherwise close if the airport does not receive
the grant.
[(C) In any fiscal year in which the total amount
made available under section 48103 is $3,200,000,000 or
more, at least two-thirds of 1 percent for grants to
sponsors of reliever airports which have--
[(i) more than 75,000 annual operations;
[(ii) a runway with a minimum usable landing
distance of 5,000 feet;
[(iii) a precision instrument landing
procedure;
[(iv) a minimum number of aircraft, to be
determined by the Secretary, based at the
airport; and
[(v) been designated by the Secretary as a
reliever airport to an airport with 20,000
hours of annual delays in commercial passenger
aircraft takeoffs and landings.]
(2) If the Secretary decides that an amount required to be
used for grants under paragraph (1) of this subsection cannot
be used for a fiscal year because there are insufficient
qualified grant applications, the amount the Secretary
determines cannot be used is available during the fiscal year
for grants for other airports or for other purposes for which
amounts are authorized for grants under section 48103 of this
title.
[(3) Priority.--The Secretary shall give priority in making
grants under paragraph (1)(A) to applications for airport noise
compatibility planning and programs at and around--
[(A) Chicago O'Hare International Airport;
[(B) LaGuardia Airport;
[(C) John F. Kennedy International Airport; and
[(D) Ronald Reagan Washington National Airport.]
(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.
(f) Discretionary Use of Apportionments.--
(1) In general.--[Subject to paragraph (2)] Subject
to paragraph (2) and except as provided in section
47116(a)(2), if the Secretary finds that all or part of
an amount of an apportionment under section 47114 is
not required during a fiscal year to fund a grant for
which the apportionment may be used, the Secretary may
use during such fiscal year the amount not so required
to make grants for any purpose for which grants may be
made under section 48103. The finding may be based on
the notifications that the Secretary receives under
section 47105(f) or on other information received from
airport sponsors.
(2) Restoration of apportionments.--
(A) In general.--If the fiscal year for which
a finding is made under paragraph (1) with
respect to an apportionment is not the last
fiscal year of availability of the
apportionment under subsection (b), the
Secretary shall restore to the apportionment an
amount equal to the amount of the apportionment
used under paragraph (1) for a discretionary
grant whenever a sufficient amount is made
available under section 48103.
(B) Period of availability.--If restoration
under this paragraph is made in the fiscal year
for which the finding is made or the succeeding
fiscal year, the amount restored shall be
subject to the original period of availability
of the apportionment under subsection (b). If
the restoration is made thereafter, the amount
restored shall remain available in accordance
with subsection (b) for the original period of
availability of the apportionment plus the
number of fiscal years during which a
sufficient amount was not available for the
restoration.
(3) Newly available amounts.--
(A) Restored amounts to be unavailable for
discretionary grants.--Of an amount newly
available under section 48103 of this title, an
amount equal to the amounts restored under
paragraph (2) shall not be available for
discretionary grant obligations under section
47115.
(B) Use of remaining amounts.--Subparagraph
(A) does not impair the Secretary's authority
under paragraph (1), after a restoration under
paragraph (2), to apply all or part of a
restored amount that is not required to fund a
grant under an apportionment to fund
discretionary grants.
(4) Limitations on obligations apply.--Nothing in
this subsection shall be construed to authorize the
Secretary to incur grant obligations under section
47104 for a fiscal year in an amount greater than the
amount made available under section 48103 for such
obligations for such fiscal year.
(g) Limiting Authority of Secretary.--The authority of the
Secretary to make grants during a fiscal year from amounts that
were apportioned for a prior fiscal year and remain available
for approved airport development project grants under
subsection (b) of this section may be impaired only by a law
enacted after September 3, 1982, that expressly limits that
authority.
* * * * * * *
Sec. 47119. Terminal development costs
(a) Terminal Development Projects.--
(1) In general.--The Secretary of Transportation may
approve a project for terminal development (including
multimodal terminal development) [in a nonrevenue-
producing public-use area of a commercial service
airport--]
[(A) if the sponsor certifies that the
airport, on the date the grant application is
submitted to the Secretary, has--
[(i) all the safety equipment
required for certification of the
airport under section 44706;
[(ii) all the security equipment
required by regulation; and
[(iii) provided for access by
passengers to the area of the airport
for boarding or exiting aircraft that
are not air carrier aircraft;
[(B) if the cost is directly related to--
[(i) moving passengers and baggage in
air commerce within the airport,
including vehicles for moving
passengers between terminal facilities
and between terminal facilities and
aircraft; or
[(ii) installing security cameras in
the public area of the interior and
exterior of the terminal; and]
[(C) under terms necessary to protect the
interests of the Government] 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..
(2) Project in revenue-producing areas and
nonrevenue-producing parking lots.--In making a
decision under paragraph (1), the Secretary may approve
as allowable costs the expenses of terminal development
in a revenue-producing area and construction,
reconstruction, repair, and improvement in a
nonrevenue-producing [parking lot if--]
[(A) except as provided in section
47108(e)(3), the airport does not have more
than .05 percent of the total annual passenger
boardings in the United States; and]
[(B) the sponsor certifies that any needed
airport development project affecting safety,
security, or capacity will not be deferred
because of the Secretary's approval] parking
lot.
(3) Lactation areas.--In addition to the projects
described in paragraph (1), the Secretary may approve a
project for terminal development for the construction
or installation of a lactation area (as defined in
section 47107(w)) at a commercial service airport.
[(b) Repaying Borrowed Money.--
[(1) Terminal development costs incurred after june
30, 1970, and before july 12, 1976.--An amount
apportioned under section 47114 and made available to
the sponsor of a commercial service airport at which
terminal development was carried out after June 30,
1970, and before July 12, 1976, is available to repay
immediately money borrowed and used to pay the costs
for such terminal development if those costs would be
allowable project costs under section 47110(d) if they
had been incurred after September 3, 1982.
[(2) Terminal development costs incurred between
january 1, 1992, and october 31, 1992.--An amount
apportioned under section 47114 and made available to
the sponsor of a nonhub airport at which terminal
development was carried out between January 1, 1992,
and October 31, 1992, is available to repay immediately
money borrowed and to pay the costs for such terminal
development if those costs would be allowable project
costs under section 47110(d).
[(3) Terminal development costs at primary
airports.--An amount apportioned under section 47114 or
available under subsection (b)(3) to a primary
airport--
[(A) that was a nonhub airport in the most
recent year used to calculate apportionments
under section 47114;
[(B) that is a designated airport under
section 47118 in fiscal year 2003; and
[(C) at which terminal development is carried
out between January 2003 and August 2004,
is available to repay immediately money borrowed and
used to pay the costs for such terminal development if
those costs would be allowable project costs under
subsection (a).
[(4) Conditions for grant.--An amount is available
for a grant under this subsection only if--
[(A) the sponsor submits the certification
required under subsection (a);
[(B) the Secretary decides that using the
amount to repay the borrowed money will not
defer an airport development project outside
the terminal area at that airport; and
[(C) amounts available for airport
development under this subchapter will not be
used for additional terminal development
projects at the airport for at least 1 year
beginning on the date the grant is used to
repay the borrowed money.
[(5) Applicability of certain limitations.--A grant
under this subsection shall be subject to the
limitations in subsections (c)(1) and (c)(2).]
[(c)] (b) Availability of Amounts.--In a fiscal year, the
Secretary may make available--
[(1) to a sponsor of a primary airport, any part of
amounts apportioned to the sponsor for the fiscal year
under section 47114(c)(1) of this title to pay project
costs allowable under subsection (a);
[(2) on approval of the Secretary, not more than
$200,000 of the amount that may be distributed for the
fiscal year from the discretionary fund established
under section 47115 of this title--
[(A) to a sponsor of a nonprimary commercial
service airport to pay project costs allowable
under subsection (a); and
[(B) to a sponsor of a reliever airport for
the types of project costs allowable under
subsection (a), including project costs
allowable for a commercial service airport that
each year does not have more than .05 percent
of the total boardings in the United States;
[(3) for use by a primary airport that each year does
not have more than .05 percent of the total boardings
in the United States, any part of amounts that may be
distributed for the fiscal year from the discretionary
fund and small airport fund to pay project costs
allowable under subsection (a);
[(4) not more than $25,000,000 to pay project costs
allowable for the fiscal year under subsection (a) for
projects at commercial service airports that were not
eligible for assistance for terminal development during
the fiscal year ending September 30, 1980, under
section 20(b) of the Airport and Airway Development Act
of 1970; or
[(5) to a sponsor of a nonprimary airport, any part
of amounts apportioned to the sponsor for the fiscal
year under section 47114(d)(3)(A) for project costs
allowable under subsection (a).]
(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);
[(d)] (c) Nonhub Airports.--With respect to a project at a
commercial service airport which annually has less than 0.05
percent of the total enplanements in the United States, the
Secretary may approve the use of the amounts described in
subsection (a) notwithstanding the requirements of sections
47107(a)(17), 47112, and 47113.
[(e) Determination of Passenger Boarding at Commercial
Service Airports.--For the purpose of determining whether an
amount may be distributed for a fiscal year from the
discretionary fund in accordance with subsection (b)(2)(A) to a
commercial service airport, the Secretary shall make the
determination of whether or not a public airport is a
commercial service airport on the basis of the number of
passenger boardings and type of air service at the public
airport in the calendar year that includes the first day of
such fiscal year or the preceding calendar year, whichever is
more beneficial to the airport.
[(f) Limitation on Discretionary Funds.--The Secretary may
distribute not more than $20,000,000 from the discretionary
fund established under section 47115 for terminal development
projects at a nonhub airport or a small hub airport that is
eligible to receive discretionary funds under section
47108(e)(3).]
* * * * * * *
Sec. 47124. Agreements for State and local operation of airport
facilities
(a) Government Relief From Liability.--The Secretary of
Transportation shall ensure that an agreement under this
subchapter with a qualified entity (as determined by the
Secretary), State, or a political subdivision of a State to
allow the entity, State, or subdivision to operate an airport
facility relieves the United States Government from any
liability arising out of, or related to, acts or omissions of
employees of the entity, State, or subdivision in operating the
airport facility.
(b) Air Traffic Control Contract Program.--
(1) Contract tower program.--
(A) Continuation.--The Secretary shall
continue the low activity (Visual Flight Rules)
level I air traffic control tower contract
program established under subsection (a) of
this section for towers existing on December
30, 1987, and extend the program to other
towers as practicable.
(B) Special rule.--If the Secretary
determines that a tower already operating under
the Contract Tower Program has a benefit-to-
cost ratio of less than 1.0, the airport
sponsor or State or local government having
jurisdiction over the airport shall not be
required to pay the portion of the costs that
exceeds the benefit--
(i) for the 1-year period after such
determination is made; or
(ii) if an appeal of such
determination is requested, for the 1-
year period described in subsection
(d)(4)(D).[.]
(C) Use of excess funds.--If the Secretary
finds that all or part of an amount made
available to carry out the program continued
under this paragraph is not required during a
fiscal year, the Secretary may use, during such
fiscal year, the amount not so required to
carry out the Cost-share Program.
(2) General authority.--The Secretary may make a
contract with a qualified entity (as determined by the
Secretary) or, on a sole source basis, with a State or
a political subdivision of a State to allow the entity,
State, or subdivision to operate an airport traffic
control tower classified as a level I (Visual Flight
Rules) tower if the Secretary decides that the entity,
State, or subdivision has the capability to comply with
the requirements of this paragraph. The contract shall
require that the entity, State, or subdivision comply
with applicable safety regulations in operating the
facility and with applicable competition requirements
in making a subcontract to perform work to carry out
the contract.
(3) Cost-share program.--
(A) In general.--The Secretary shall
establish a program to contract for air traffic
control services at nonapproach control towers,
as defined by the Secretary, that do not
qualify for the Contract Tower Program.
(B) Program components.--In carrying out the
Cost-share Program, the Secretary shall--
(i) utilize for purposes of cost-
benefit analyses, current, actual,
site-specific data, forecast estimates,
or airport master plan data provided by
a facility owner or operator and
verified by the Secretary; and
(ii) approve for participation only
facilities willing to fund a pro rata
share of the operating costs of the air
traffic control tower to achieve a 1-
to-1 benefit-to-cost ratio using actual
site-specific contract tower operating
costs in any case in which there is an
operating air traffic control tower, as
required for eligibility under the
Contract Tower Program.
(C) Priority.--In selecting facilities to
participate in the Cost-share Program, the
Secretary shall give priority to the following
facilities:
(i) Air traffic control towers that
are participating in the Contract Tower
Program but have been notified that
they will be terminated from such
program because the Secretary has
determined that the benefit-to-cost
ratio for their continuation in such
program is less than 1.0.
(ii) Air traffic control towers that
the Secretary determines have a
benefit-to-cost ratio of at least .50.
(iii) Air traffic control towers of
the Federal Aviation Administration
that are closed as a result of the air
traffic controllers strike in 1981.
(iv) Air traffic control towers
located at airports or points at which
an air carrier is receiving
compensation under the essential air
service program under this chapter.
(v) Air traffic control towers
located at airports that are prepared
to assume partial responsibility for
maintenance costs.
(vi) Air traffic control towers
located at airports with safety or
operational problems related to
topography, weather, runway
configuration, or mix of aircraft.
(vii) Air traffic control towers
located at an airport at which the
community has been operating the tower
at its own expense.
(D) Costs exceeding benefits.--If the costs
of operating an air traffic tower under the
Cost-share Program exceed the benefits, the
airport sponsor or State or local government
having jurisdiction over the airport shall pay
the portion of the costs that exceed such
benefit, with the maximum allowable local cost
share capped at 20 percent. Airports with air
service provided under part 121 of title 14,
Code of Federal Regulations, and more than
25,000 passenger enplanements in calendar year
2014 shall be exempt from any cost-share
requirement under this paragraph.
(E) Funding.--Of the amounts appropriated
pursuant to section 106(k)(1), not more than
$10,350,000 for each of fiscal years 2012
through 2018 may be used to carry out this
paragraph.
(F) Use of excess funds.--If the Secretary
finds that all or part of an amount made
available under this paragraph is not required
during a fiscal year, the Secretary may use,
during such fiscal year, the amount not so
required to carry out the Contract Tower
Program.
(G) Benefit-to-cost calculation.--Not later
than 90 days after receiving an application to
the Contract Tower Program, the Secretary shall
calculate a benefit-to-cost ratio (as described
in subsection (d)) for the applicable air
traffic control tower for purposes of selecting
towers for participation in the Contract Tower
Program.
(4) Construction of air traffic control towers.--
(A) Grants.--The Secretary may provide grants
to a sponsor of--
(i) a primary airport--
(I) from amounts made
available under sections
47114(c)(1) and 47114(c)(2) for
the construction or improvement
of a nonapproach control tower,
as defined by the Secretary,
and for the acquisition and
installation of air traffic
control, communications, and
related equipment to be used in
that tower;
(II) from amounts made
available under sections
47114(c)(1) and 47114(c)(2) for
reimbursement for the cost of
construction or improvement of
a nonapproach control tower, as
defined by the Secretary,
incurred after October 1, 1996,
if the sponsor complied with
the requirements of sections
47107(e), 47112(b), and
47112(c) in constructing or
improving that tower; and
(III) from amounts made
available under sections
47114(c)(1) and 47114(c)(2) for
reimbursement for the cost of
acquiring and installing in
that tower air traffic control,
communications, and related
equipment that was acquired or
installed after October 1,
1996, including remote air
traffic control tower equipment
certified by the Federal
Aviation Administration; and
(ii) a public-use airport that is not
a primary airport--
(I) from amounts made
available under sections
47114(c)(2) and 47114(d) for
the construction or improvement
of a nonapproach control tower,
as defined by the Secretary,
and for the acquisition and
installation of air traffic
control, communications, and
related equipment to be used in
that tower;
(II) from amounts made
available under sections
47114(c)(2) and 47114(d)(3)(A)
for reimbursement for the cost
of construction or improvement
of a nonapproach control tower,
as defined by the Secretary,
incurred after October 1, 1996,
if the sponsor complied with
the requirements of sections
47107(e), 47112(b), and
47112(c) in constructing or
improving that tower; and
(III) from amounts made
available under sections
47114(c)(2) and 47114(d)(3)(A)
for reimbursement for the cost
of acquiring and installing in
that tower air traffic control,
communications, and related
equipment that was acquired or
installed after October 1,
1996, including remote air
traffic control tower equipment
certified by the Federal
Aviation Administration.
(B) Eligibility.--An airport sponsor shall be
eligible for a grant under this paragraph only
if--
(i)(I) the sponsor is a participant
in the Federal Aviation Administration
Contract Tower Program or the Cost-
share Program; or
(II) construction of a nonapproach
control tower would qualify the sponsor
to be eligible to participate in such
program;
(ii) the sponsor certifies that it
will pay not less than 10 percent of
the cost of the activities for which
the sponsor is receiving assistance
under this paragraph;
(iii) the Secretary affirmatively
accepts the proposed contract tower
into a contract tower program under
this section and certifies that the
Secretary will seek future
appropriations to pay the Federal
Aviation Administration's cost of the
contract to operate the tower to be
constructed under this paragraph;
(iv) the sponsor certifies that it
will pay its share of the cost of the
contract to operate the tower to be
constructed under this paragraph; and
(v) in the case of a tower to be
constructed under this paragraph from
amounts made available under section
47114(d)(2) or 47114(d)(3)(B), the
Secretary certifies that--
(I) the Federal Aviation
Administration has consulted
the State within the borders of
which the tower is to be
constructed and the State
supports the construction of
the tower as part of its State
airport capital plan; and
(II) the selection of the
tower for funding is based on
objective criteria.
(c) Safety Audits.--The Secretary shall establish uniform
standards and requirements for regular safety assessments of
air traffic control towers that receive funding under this
section.
(d) Criteria To Evaluate Participants.--
(1) Timing of evaluations.--
(A) Towers participating in cost-share
program.--In the case of an air traffic control
tower that is operated under the Cost-share
Program, the Secretary shall annually calculate
a benefit-to-cost ratio with respect to the
tower.
(B) Towers participating in contract tower
program.--In the case of an air traffic control
tower that is operated under the Contract Tower
Program, the Secretary shall not calculate a
benefit-to-cost ratio after the date of
enactment of this subsection with respect to
the tower unless the Secretary determines that
the annual aircraft traffic at the airport
where the tower is located has decreased--
(i) by more than 25 percent from the
previous year; or
(ii) by more than 55 percent
cumulatively in the preceding 3-year
period.
(2) Costs to be considered.--In establishing a
benefit-to-cost ratio under this section with respect
to an air traffic control tower, the Secretary shall
consider only the following costs:
(A) The Federal Aviation Administration's
actual cost of wages and benefits of personnel
working at the tower.
(B) The Federal Aviation Administration's
actual telecommunications costs directly
associated with the tower.
(C) The Federal Aviation Administration's
costs of purchasing and installing any air
traffic control equipment that would not have
been purchased or installed except as a result
of the operation of the tower.
(D) The Federal Aviation Administration's
actual travel costs associated with maintaining
air traffic control equipment that is owned by
the Administration and would not be maintained
except as a result of the operation of the
tower.
(E) Other actual costs of the Federal
Aviation Administration directly associated
with the tower that would not be incurred
except as a result of the operation of the
tower (excluding costs for noncontract tower-
related personnel and equipment, even if the
personnel or equipment is located in the
contract tower building).
(3) Other criteria to be considered.--In establishing
a benefit-to-cost ratio under this section with respect
to an air traffic control tower, the Secretary shall
add a 10 percentage point margin of error to the
benefit-to-cost ratio determination to acknowledge and
account for the direct and indirect economic and other
benefits that are not included in the criteria the
Secretary used in calculating that ratio.
(4) Review of cost-benefit determinations.--In
issuing a benefit-to-cost ratio determination under
this section with respect to an air traffic control
tower located at an airport, the Secretary shall
implement the following procedures:
(A) The Secretary shall provide the airport
(or the State or local government having
jurisdiction over the airport) at least 90 days
following the date of receipt of the
determination to submit to the Secretary a
request for an appeal of the determination,
together with updated or additional data in
support of the appeal.
(B) Upon receipt of a request for an appeal
submitted pursuant to subparagraph (A), the
Secretary shall--
(i) transmit to the Administrator of
the Federal Aviation Administration any
updated or additional data submitted in
support of the appeal; and
(ii) provide the Administrator not
more than 90 days to review the data
and provide a response to the Secretary
based on the review.
(C) After receiving a response from the
Administrator pursuant to subparagraph (B), the
Secretary shall--
(i) provide the airport, State, or
local government that requested the
appeal at least 30 days to review the
response; and
(ii) withhold from taking further
action in connection with the appeal
during that 30-day period.
(D) If, after completion of the appeal
procedures with respect to the determination,
the Secretary requires the tower to transition
into the Cost-share Program, the Secretary
shall not require a cost-share payment from the
airport, State, or local government for 1 year
following the last day of the 30-day period
described in subparagraph (C).
(e) Definitions.--In this section:
(1) Contract tower program.--The term ``Contract
Tower Program'' means the level I air traffic control
tower contract program established under subsection (a)
and continued under subsection (b)(1).
(2) Cost-share program.--The term ``Cost-share
Program'' means the cost-share program established
under subsection (b)(3).
* * * * * * *
Sec. 47125. Conveyances of United States Government land
(a) Conveyances to Public Agencies.--Except as provided in
subsection (b) of this section, the Secretary of Transportation
shall request the head of the department, agency, or
instrumentality of the United States Government owning or
controlling land or airspace to convey a property interest in
the land or airspace to the public agency sponsoring the
project or owning or controlling the airport when necessary to
carry out a project under this subchapter at a public airport,
to operate a public airport, or for the future development of
an airport under the national plan of integrated airport
systems. The head of the department, agency, or instrumentality
shall decide whether the requested conveyance is consistent
with the needs of the department, agency, or instrumentality
and shall notify the Secretary of that decision not later than
4 months after receiving the request. If the head of the
department, agency, or instrumentality decides that the
requested conveyance is consistent with its needs, the head of
the department, agency, or instrumentality, with the approval
of the Attorney General and without cost to the Government,
shall make the conveyance. A conveyance may be made only on the
condition that the property interest conveyed reverts to the
Government, at the option of the Secretary, to the extent it is
not developed for an airport purpose or used consistently with
the conveyance. Before waiving a condition that property be
used for an aeronautical purpose under the preceding sentence,
the Secretary must provide notice to the public not less than
30 days before waiving such condition.
(b) Nonapplication.--Except as specifically provided by law,
subsection (a) of this section does not apply to land or
airspace owned or controlled by the Government within--
(1) a national park, national monument, national
recreation area, or similar area under the
administration of the National Park Service;
(2) a unit of the National Wildlife Refuge System or
similar area under the jurisdiction of the United
States Fish and Wildlife Service; or
(3) a national forest or Indian reservation.
(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 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.
* * * * * * *
Sec. 47127. Ground transportation demonstration projects
(a) General Authority.--To improve the airport and airway
system of the United States consistent with regional airport
system plans financed under section 13(b) of the Airport and
Airway Development Act of 1970, the Secretary of Transportation
may carry out ground transportation demonstration projects to
improve ground access to [air carrier airport] commercial
service airport terminals. The Secretary may carry out a
demonstration project independently or by grant or contract,
including an agreement with another department, agency, or
instrumentality of the United States Government.
(b) Priority.--In carrying out this section, the Secretary
shall give priority to a demonstration project that--
(1) affects an airport in an area with an operating
regional rapid transit system with existing facilities
reasonably near the airport;
(2) includes connection of the airport terminal to
that system;
(3) is consistent with and supports a regional
airport system plan adopted by the planning agency for
the region and submitted to the Secretary; and
(4) improves access to air transportation for
individuals residing or working in the region by
encouraging the optimal balance of use of airports in
the region.
Sec. 47128. State block grant program
(a) General Requirements.--The Secretary of Transportation
shall issue guidance to carry out a State block grant program.
The guidance shall provide that the Secretary may designate not
more than 20 qualified States for each fiscal year to assume
administrative responsibility for all airport grant amounts
available under this subchapter, except for amounts designated
for use at primary airports.
(b) Applications and Selection.--A State wishing to
participate in the program must submit an application to the
Secretary. The Secretary shall select a State on the basis of
its application only after--
(1) deciding the State has an organization capable of
effectively administering a block grant made under this
section;
(2) deciding the State uses a satisfactory airport
system planning process;
(3) deciding the State uses a programming process
acceptable to the Secretary;
(4) finding that the State has agreed to comply with
United States Government standard requirements for
administering the block grant, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), State and local environmental policy acts,
Executive orders, agency regulations and guidance, and
other Federal environmental requirements; and
(5) finding that the State has agreed to provide the
Secretary with program information the Secretary
requires.
(c) Safety and Security Needs and Needs of System.--Before
deciding whether a planning process is satisfactory or a
programming process is acceptable under subsection (b)(2) or
(b)(3) of this section, the Secretary shall ensure that the
process provides for meeting critical safety and security needs
and that the programming process ensures that the needs of the
national airport system will be addressed in deciding which
projects will receive money from the Government. In carrying
out this subsection, the Secretary shall permit a State to use
the priority system of the State if such system is not
inconsistent with the national priority system.
(d) Environmental Analysis and Coordination Requirements.--A
Federal agency, other than the Federal Aviation Administration,
that is responsible for issuing an approval, license, or permit
to ensure compliance with a Federal environmental requirement
applicable to a project or activity to be carried out by a
State using amounts from a block grant made under this section
shall--
(1) coordinate and consult with the State;
(2) use the environmental analysis prepared by the
State for the project or activity if such analysis is
adequate; and
(3) as necessary, consult with the State to describe
the supplemental analysis the State must provide to
meet applicable Federal requirements.
(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.
(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.
(H) Review and approval of land leases, land
releases, changes in on-airport land-use
designation, and through-the-fence agreements.
* * * * * * *
[Sec. 47131. Annual report
[(a) General Rule.--Not later than June 1 of each year, the
Secretary of Transportation shall submit to Congress a report
on activities carried out under this subchapter during the
prior fiscal year. The report shall include--
[(1) a summary of airport development and planning
completed;
[(2) a summary of individual grants issued;
[(3) an accounting of discretionary and apportioned
funds allocated;
[(4) the allocation of appropriations; and
[(5) a detailed statement listing airports that the
Secretary believes are not in compliance with grant
assurances or other requirements with respect to
airport lands and including the circumstances of such
noncompliance, the timelines for corrective action, and
the corrective action the Secretary intends to take to
bring the airport sponsor into compliance.
[(b) Special Rule for Listing Noncompliant Airports.--The
Secretary does not have to conduct an audit or make a final
determination before including an airport on the list referred
to in subsection (a)(5).]
* * * * * * *
Sec. 47134. Airport investment partnership program
(a) Submission of Applications.--If a sponsor intends to sell
or lease a general aviation airport or lease any other type of
airport for a long term to a person (other than a public
agency), the sponsor and purchaser or lessee may apply to the
Secretary of Transportation for exemptions under this section.
(b) Approval of Applications.--The Secretary may approve
applications submitted under subsection (a) granting exemptions
from the following provisions:
(1) Use of revenues.--
(A) In general.--The Secretary may grant an
exemption to a sponsor from the provisions of
sections 47107(b) and 47133 of this title (and
any other law, regulation, or grant assurance)
to the extent necessary to permit the sponsor
to recover from the sale or lease of the
airport such amount as may be approved--
(i) in the case of a primary airport,
by at least 65 percent of the scheduled
air carriers serving the airport and by
scheduled and nonscheduled air carriers
whose aircraft landing at the airport
during the preceding calendar year, had
a total landed weight during the
preceding calendar year of at least 65
percent of the total landed weight of
all aircraft landing at the airport
during such year; or
(ii) in the case of a nonprimary
airport, by the Secretary after the
airport has consulted with at least 65
percent of the owners of aircraft based
at that airport, as determined by the
Secretary.
(B) Objection to exemption.--An air carrier
shall be deemed to have approved a sponsor's
application for an exemption under subparagraph
(A) unless the air carrier has submitted an
objection, in writing, to the sponsor within 60
days of the filing of the sponsor's application
with the Secretary, or within 60 days of the
service of the application upon that air
carrier, whichever is later.
(C) Landed weight defined.--In this
paragraph, the term ``landed weight'' means the
weight of aircraft transporting passengers or
cargo, or both, in intrastate, interstate, and
foreign air transportation, as the Secretary
determines under regulations the Secretary
prescribes.
(2) Repayment requirements.--If the Secretary grants
an exemption to a sponsor pursuant to paragraph (1),
the Secretary shall grant an exemption to the sponsor
from the provisions of sections 47107 and 47152 of this
title (and any other law, regulation, or grant
assurance) to the extent necessary to waive any
obligation of the sponsor to repay to the Federal
Government any grants, or to return to the Federal
Government any property, received by the airport under
this title, the Airport and Airway Improvement Act of
1982, or any other law.
(3) Compensation from airport operations.--If the
Secretary grants an exemption to a sponsor pursuant to
paragraph (1), the Secretary shall grant an exemption
to the corresponding purchaser or lessee from the
provisions of sections 47107(b) and 47133 of this title
(and any other law, regulation, or grant assurance) to
the extent necessary to permit the purchaser or lessee
to earn compensation from the operations of the
airport.
(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.
(c) Terms and Conditions.--The Secretary may approve an
application under subsection (b) only if the Secretary finds
that the sale or lease agreement includes provisions
satisfactory to the Secretary to ensure the following:
(1) The airport will continue to be available for
public use on reasonable terms and conditions and
without unjust discrimination.
(2) The operation of the airport will not be
interrupted in the event that the purchaser or lessee
becomes insolvent or seeks or becomes subject to any
State or Federal bankruptcy, reorganization,
insolvency, liquidation, or dissolution proceeding or
any petition or similar law seeking the dissolution or
reorganization of the purchaser or lessee or the
appointment of a receiver, trustee, custodian, or
liquidator for the purchaser or lessee or a substantial
part of the purchaser or lessee's property, assets, or
business.
(3) The purchaser or lessee will maintain, improve,
and modernize the facilities of the airport through
capital investments and will submit to the Secretary a
plan for carrying out such maintenance, improvements,
and modernization.
(4) Every fee of the airport imposed on an air
carrier on the day before the date of the lease of the
airport will not increase faster than the rate of
inflation unless a higher amount is approved--
(A) by at least 65 percent of the air
carriers serving the airport; and
(B) by air carriers whose aircraft landing at
the airport during the preceding calendar year
had a total landed weight during the preceding
calendar year of at least 65 percent of the
total landed weight of all aircraft landing at
the airport during such year.
(5) The percentage increase in fees imposed on
general aviation aircraft at the airport will not
exceed the percentage increase in fees imposed on air
carriers at the airport.
(6) Safety and security at the airport will be
maintained at the highest possible levels.
(7) The adverse effects of noise from operations at
the airport will be mitigated to the same extent as at
a public airport.
(8) Any adverse effects on the environment from
airport operations will be mitigated to the same extent
as at a public airport.
(9) Any collective bargaining agreement that covers
employees of the airport and is in effect on the date
of the sale or lease of the airport will not be
abrogated by the sale or lease.
(d) Program Participation.--
(1) Multiple airports.--The Secretary may consider
applications under this section submitted by a public
airport sponsor for multiple airports under the control
of the sponsor if all airports under the control of the
sponsor are located in the same State.
(2) Partial privatization.--A purchaser or lessee may
be an entity in which a sponsor has an interest.
(e) Required Finding That Approval Will Not Result in Unfair
Methods of Competition.--The Secretary may approve an
application under subsection (b) only if the Secretary finds
that the approval will not result in unfair and deceptive
practices or unfair methods of competition.
(f) Interests of General Aviation Users.--In approving an
application of an airport under this section, the Secretary
shall ensure that the interests of general aviation users of
the airport are not adversely affected.
(g) Passenger Facility Fees; Apportionments; Service
Charges.--Notwithstanding that the sponsor of an airport
receiving an exemption under subsection (b) is not a public
agency, the sponsor shall not be prohibited from--
(1) imposing a passenger facility charge under
section 40117 of this title;
(2) receiving apportionments under section 47114 of
this title; or
(3) collecting reasonable rental charges, landing
fees, and other service charges from aircraft operators
under section 40116(e)(2) of this title.
(h) Effectiveness of Exemptions.--An exemption granted under
subsection (b) shall continue in effect only so long as the
facilities sold or leased continue to be used for airport
purposes.
(i) Revocation of Exemptions.--The Secretary may revoke an
exemption issued to a purchaser or lessee of an airport under
subsection (b)(3) if, after providing the purchaser or lessee
with notice and an opportunity to be heard, the Secretary
determines that the purchaser or lessee has knowingly violated
any of the terms specified in subsection (c) for the sale or
lease of the airport.
(j) Nonapplication of Provisions to Airports Owned by Public
Agencies.--The provisions of this section requiring the
approval of air carriers in determinations concerning the use
of revenues, and imposition of fees, at an airport shall not be
extended so as to apply to any airport owned by a public agency
that is not participating in the program established by this
section.
(k) Audits.--The Secretary may conduct periodic audits of the
financial records and operations of an airport receiving an
exemption under this section.
(l) Predevelopment Limitation.--A grant to an airport sponsor
under this subchapter for predevelopment planning costs
relating to the preparation of an application or proposed
application under this section may not exceed $750,000 per
application or proposed application.
Sec. 47135. Innovative financing techniques
[(a) In General.--The Secretary of Transportation may
approve, after the date of enactment of the Vision 100--Century
of Aviation Reauthorization Act, applications for not more than
20 airport development projects for which grants received under
this subchapter may be used for innovative financing
techniques. Such projects shall be located at airports that
each year have less than .25 percent of the total number of
passenger boardings each year at all commercial service
airports in the most recent calendar year for which data is
available.
[(b) Purpose.--The purpose of grants made under this section
shall be to provide information on the benefits and
difficulties of using innovative financing techniques for
airport development projects.]
(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.
(c) Limitations.--
(1) No guarantees.--In no case shall the
implementation of an innovative financing technique
under this section be used in a manner giving rise to a
direct or indirect guarantee of any airport debt
instrument by the United States Government.
(2) Types of techniques.--In this section, innovative
financing techniques are limited to--
(A) payment of interest;
(B) commercial bond insurance and other
credit enhancement associated with airport
bonds for eligible airport development;
(C) flexible non-Federal matching
requirements; [and]
(D) use of funds apportioned under section
47114 for the payment of principal and interest
of terminal development for costs incurred
before the date of the enactment of this
section[.]; and
(E) any other techniques that the Secretary
determines are consistent with the purposes of
this section.
Sec. 47136. Zero-emission airport vehicles and infrastructure
(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 this chapter or
section 48103 for use at such airports to carry out--
(1) activities associated with the acquisition, by
purchase or lease, and operation of eligible zero-
emission vehicles and equipment, including removable
power sources for such vehicles; and
(2) the construction or modification of
infrastructure to facilitate the delivery of fuel,
power or services necessary for the use of such
vehicles.
(b) Eligibility.--A public-use airport is eligible for
participation in the program if the eligible vehicles or
equipment are--
(1) used exclusively on airport property; or
(2) used exclusively to transport passengers and
employees between the airport and--
(A) nearby facilities which are owned or
controlled by the airport or which otherwise
directly support the functions or services
provided by the airport; or
(B) an intermodal surface transportation
facility adjacent to the airport.
(c) Selection Criteria.--In selecting from among applicants
for participation in the program, the Secretary shall give
priority consideration to [applicants that will] applicants
that--
(1) will achieve the greatest air quality benefits
measured by the amount of emissions reduced per dollar
of funds expended under the program[.]; and
(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.
(d) Federal Share.--The Federal share of the cost of a
project carried out under the program shall be the Federal
share specified in section 47109.
(e) Technical Assistance.--
(1) In general.--The sponsor of a public-use airport
may use not more than 10 percent of the amounts made
available to the sponsor under the program in any
fiscal year for--
(A) technical assistance; and
(B) project management support to assist the
airport with the solicitation, acquisition, and
deployment of zero-emission vehicles, related
equipment, and supporting infrastructure.
(2) Providers of technical assistance.--To receive
the technical assistance or project management support
described in paragraph (1), participants in the program
may use--
(A) a nonprofit organization selected by the
Secretary; or
(B) a university transportation center
receiving grants under section 5505 in the
region of the airport.
(f) Materials Identifying Best Practices.--The Secretary may
create and make available materials identifying best practices
for carrying out activities funded under the program based on
previous related projects and other sources.
(g) Allowable Project Cost.--The allowable project cost for
the acquisition of a zero-emission vehicle shall be the total
cost of purchasing or leasing the vehicle, including the cost
of technical assistance or project management support described
in subsection (e).
(h) Flexible Procurement.--A sponsor of a public-use airport
may use funds made available under the program to acquire, by
purchase or lease, a zero-emission vehicle and a removable
power source in separate transactions, including transactions
by which the airport purchases the vehicle and leases the
removable power source.
(i) Testing Required.--
(1) In general.--A sponsor of a public-use airport
may not use funds made available under the program to
acquire a zero-emission vehicle unless that make,
model, or type of vehicle has been tested by a Federal
vehicle testing facility acceptable to the Secretary.
(2) Penalties for false statements.--A certification
of compliance under paragraph (1) shall be considered a
certification required under this subchapter for
purposes of section 47126.
(j) Definitions.--In this section, the following definitions
apply:
(1) Eligible zero-emission vehicle and equipment.--
The term ``eligible zero-emission vehicle and
equipment'' means a zero-emission vehicle, equipment
related to such a vehicle, or ground support equipment
that includes zero-emission technology that is--
(A) used exclusively on airport property; or
(B) used exclusively to transport passengers
and employees between the airport and--
(i) nearby facilities which are owned
or controlled by the airport or which
otherwise directly support the
functions or services provided by the
airport; or
(ii) an intermodal surface
transportation facility adjacent to the
airport.
(2) Removable power source.--The term ``removable
power source'' means a power source that is separately
installed in, and removable from, a zero-emission
vehicle and may include a battery, a fuel cell, an
ultra-capacitor, or other power source used in a zero-
emission vehicle.
(3) Zero-emission vehicle.--The term ``zero-emission
vehicle'' means--
(A) a zero-emission vehicle as defined in
section 88.102-94 of title 40, Code of Federal
Regulations; or
(B) a vehicle that produces zero exhaust
emissions of any criteria pollutant (or
precursor pollutant) under any possible
operational modes and conditions.
* * * * * * *
Sec. 47139. Emission credits for air quality projects
(a) In General.--The Administrator of the Environmental
Protection Agency, in consultation with the Secretary of
Transportation, shall issue guidance on how to ensure that
[airport sponsors receive] airport sponsors may receive
appropriate emission reduction credits for [carrying out
projects] carrying out projects, including projects described
in sections 40117(a)(3)(G), 47102(3)(K), and 47102(3)(L). Such
guidance shall include, at a minimum, the following
[conditions] considerations:
(1) The provision of credits is consistent with the
Clean Air Act (42 U.S.C. 7402 et seq.).
(2) Credits generated by the emissions reductions are
kept by the [airport sponsor] airport sponsor,
including for an airport outside of a nonattainment
area, and may [only] be used for purposes of any
current or future general conformity determination
under the Clean Air Act [or as offsets], as offsets
under the Environmental Protection Agency's new source
review program for projects on the airport or
associated with the airport[.], or as part of a State
implementation plan.
(3) Credits are calculated and provided to airports
on a consistent basis nationwide.
(4) Credits are provided to airport sponsors in a
timely manner.
(5) The establishment of a method to assure the
Secretary that, for any specific airport project for
which funding is being requested, the appropriate
credits will be granted.
[(b) Assurance of Receipt of Credits.--As a condition for
making a grant for a project described in section 47102(3)(K),
47102(3)(L), or 47140 or as a condition for granting approval
to collect or use a passenger facility charge for a project
described in section 40117(a)(3)(G), 47102(3)(K), 47102(3)(L),
or 47140, the Secretary must receive assurance from the State
in which the project is located, or from the Administrator of
the Environmental Protection Agency where there is a Federal
implementation plan, that the airport sponsor will receive
appropriate emission credits in accordance with the conditions
of this section.]
[(c)] (b) State Authority Under CAA.--Nothing in this section
shall be construed as overriding existing State law or
regulation pursuant to section 116 of the Clean Air Act (42
U.S.C. 7416).
[Sec. 47140. Increasing the energy efficiency of airport power sources
[(a) In General.--The Secretary of Transportation shall
establish a program under which the Secretary shall encourage
the sponsor of each public-use airport to assess the airport's
energy requirements, including heating and cooling, base load,
back-up power, and power for on-road airport vehicles and
ground support equipment, in order to identify opportunities to
increase energy efficiency at the airport, and to reimburse the
airport sponsor for the costs incurred in conducting the
assessment.
[(b) Grants.--
[(1) In general.--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) to acquire or construct
equipment, including hydrogen equipment and related
infrastructure, that will increase energy efficiency at
the airport.
[(2) 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 be 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.]
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).
* * * * * * *
Sec. 47142. [Design-build contracting] Alternative project delivery
(a) In General.--The [Administrator of the Federal Aviation
Administration] Secretary of Transportation may approve an
application of an airport sponsor under this section to
authorize the airport sponsor to [award a design-build] award a
covered project delivery contract using a selection process
permitted under applicable State or local law if--
(1) the Administrator approves the application using
criteria established by the Administrator;
(2) the [design-build] covered project delivery
contract is in a form that is approved by the
Administrator;
(3) the Administrator is satisfied that the contract
will be executed pursuant to competitive procedures and
contains a schematic design adequate for the
Administrator to approve the grant;
(4) use of a [design-build contract will] covered
project delivery contract is projected to be cost
effective and expedite the project;
(5) the Administrator is satisfied that there will be
no conflict of interest; and
(6) the Administrator is satisfied that the selection
process will be as open, fair, and objective as the
competitive bid system and that at least 3 or more bids
will be submitted for each project under the selection
process.
(b) Reimbursement of Costs.--The Administrator may reimburse
an airport sponsor for design and construction costs incurred
before a grant is made pursuant to this section if the project
is approved by the Administrator in advance and is carried out
in accordance with all administrative and statutory
requirements that would have been applicable under this chapter
if the project were carried out after a grant agreement had
been executed.
[(c) Design-Build Contract Defined.--In this section, the
term ``design-build contract'' means an agreement that provides
for both design and construction of a project by a contractor.]
(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.
Sec. 47143. Non-movement area surveillance surface display systems
pilot program
(a) In General.--The Administrator of the Federal Aviation
Administration may carry out a pilot program to support non-
Federal acquisition and installation of qualifying non-movement
area surveillance surface display systems and sensors if--
(1) the Administrator determines that such systems
and sensors would improve safety or capacity in the
National Airspace System; and
(2) the non-movement area surveillance surface
display systems and sensors supplement existing
movement area systems and sensors at the selected
airports established under other programs administered
by the Administrator.
(b) Project Grants.--
(1) In general.--For purposes of carrying out the
pilot program, the Administrator may make a project
grant out of funds apportioned under paragraph (1) or
paragraph (2) of section 47114(c) to not more than 5
eligible sponsors to acquire and install qualifying
non-movement area surveillance surface display systems
and sensors. The airports selected to participate in
the pilot program shall have existing Administration
movement area systems and airlines that are
participants in Federal Aviation Administration's
airport collaborative decision-making process.
(2) Data exchange processes.--As part of the pilot
program carried out under this section, the
Administrator may establish data exchange processes to
allow airport participation in the Administration's
airport collaborative decision-making process and
fusion of the non-movement surveillance data with the
Administration's movement area systems.
(c) Sunset.--This section shall cease to be effective on
October 1, [2023] 2028.
(d) Definitions.--In this section:
(1) Non-movement area.--The term ``non-movement
area'' means the portion of the airfield surface that
is not under the control of air traffic control.
(2) Non-movement area surveillance surface display
systems and sensors.--The term ``non-movement area
surveillance surface display systems and sensors''
means a non-Federal surveillance system that uses on-
airport sensors that track vehicles or aircraft that
are equipped with transponders in the non-movement
area.
(3) Qualifying non-movement area surveillance surface
display system and sensors.--The term ``qualifying non-
movement area surveillance surface display system and
sensors'' means a non-movement area surveillance
surface display system that--
(A) provides the required transmit and
receive data formats consistent with the
National Airspace System architecture at the
appropriate service delivery point;
(B) is on-airport; and
(C) is airport operated.
Sec. 47144. Use of funds for repairs for runway safety repairs
(a) In General.--The Secretary of Transportation may make
project grants under this subchapter to an airport described in
subsection (b) from funds under section 47114 apportioned to
that airport or funds available for discretionary grants to
that airport under section 47115 to conduct airport development
to repair the runway safety area of the airport damaged as a
result of a natural disaster in order to maintain compliance
with the regulations of the Federal Aviation Administration
relating to runway safety areas, without regard to whether
construction of the runway safety area damaged was carried out
using amounts the airport received under this subchapter.
(b) Airports Described.--An airport is described in this
subsection if--
(1) the airport is a public-use airport;
(2) the airport is listed in the National Plan of
Integrated Airport Systems of the Federal Aviation
Administration;
(3) the runway safety area of the airport was damaged
as a result of a natural disaster;
(4) the airport was denied funding under the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act [(42 U.S.C. 4121 et seq.)] (42 U.S.C. 5121 et seq.)
with respect to the disaster;
(5) the operator of the airport has exhausted all
legal remedies, including legal action against any
parties (or insurers thereof) whose action or inaction
may have contributed to the need for the repair of the
runway safety area;
(6) there is still a demonstrated need for the runway
safety area to accommodate current or imminent
aeronautical demand; and
(7) the cost of repairing or replacing the runway
safety area is reasonable in relation to the
anticipated operational benefit of repairing the runway
safety area, as determined by the Administrator of the
Federal Aviation Administration.
SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS
Sec. 47151. Authority to transfer an interest in surplus property
(a) General Authority.--Subject to sections 47152 and 47153
of this title, a department, agency, or instrumentality of the
executive branch of the United States Government or a wholly
owned Government corporation may convey to a State, political
subdivision of a State, or tax-supported organization any
interest in surplus property--
(1) that the Secretary of Transportation decides is--
(A) desirable for developing, improving,
operating, or maintaining a public airport (as
defined in section 47102 of this title);
(B) reasonably necessary to fulfill the
immediate and foreseeable future requirements
for developing, improving, operating, or
maintaining a public airport; or
(C) needed for developing sources of revenue
from nonaviation businesses at a public
airport; and
(2) if the Administrator of General Services approves
the conveyance and decides the interest is not best
suited for industrial use.
(b) Ensuring Compliance.--Only the Secretary may ensure
compliance with an instrument conveying an interest in surplus
property under this subchapter. The Secretary may amend the
instrument to correct the instrument or to make the conveyance
comply with law.
(c) Disposing of Interests Not Conveyed Under This
Subchapter.--An interest in surplus property that could be used
at a public airport but that is not conveyed under this
subchapter shall be disposed of under other applicable law.
[(d) Waiver of Condition.--Before the Secretary may waive any
condition imposed on an interest in surplus property conveyed
under subsection (a) that such interest be used for an
aeronautical purpose, the Secretary must provide notice to the
public not less than 30 days before waiving such condition.]
(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.
(e) Requests by Public Agencies.--Except with respect to a
request made by another department, agency, or instrumentality
of the executive branch of the United States Government, such a
department, agency, or instrumentality shall give priority
consideration to a request made by a public agency (as defined
in section 47102) for surplus property described in subsection
(a) for use at a public airport.
(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.
* * * * * * *
Sec. 47153. Waiving and adding terms
(a) General Authority.--(1) The Secretary of Transportation
may waive, without charge, a term of a conveyance of an
interest in property under this subchapter if the Secretary
decides that--
(A) the property no longer serves the purpose for
which it was conveyed; or
(B) the waiver will not prevent carrying out the
purpose for which the conveyance was made and is
necessary to advance the civil aviation interests of
the United States.
(2) The Secretary of Transportation shall waive a term under
paragraph (1) of this subsection on terms the Secretary
considers necessary to protect or advance the civil aviation
interests of the United States.
(b) Waivers and Inclusion of Additional Terms on Request.--On
request of the Secretary of Transportation or the Secretary of
a military department, a department, agency, or instrumentality
of the executive branch of the United States Government or a
wholly owned Government corporation may waive a term required
by section 47152 of this title or add another term if the
appropriate Secretary decides it is necessary to protect or
advance the interests of the United States in civil aviation or
for national defense.
[(c) Public Notice Before Waiver.--Notwithstanding
subsections (a) and (b), before the Secretary may waive any
term imposed under this section that an interest in land be
used for an aeronautical purpose, the Secretary must provide
notice to the public not less than 30 days before waiving such
term.]
(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.
SUBCHAPTER III--AVIATION DEVELOPMENT STREAMLINING
Sec. 47171. Expedited, coordinated environmental review process
(a) Aviation Project Review Process.--The [Secretary of
Transportation] Administrator of the Federal Aviation
Administration shall [develop and] implement an expedited and
coordinated environmental review process for airport capacity
enhancement [projects at congested airports, general aviation
airport construction or improvement projects, aviation safety
projects, and aviation security projects] projects, terminal
development projects, general aviation airport construction or
improvement projects, and aviation safety projects that--
(1) provides for [better] streamlined coordination
among the Federal, regional, State, and local agencies
concerned with the preparation of environmental impact
statements or environmental assessments under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(2) provides that all environmental reviews,
analyses, opinions, permits, licenses, and approvals
that must be issued or made by a Federal agency or
airport sponsor for such a project will be conducted
concurrently, to the maximum extent practicable; and
(3) provides that any environmental review, analysis,
opinion, permit, license, or approval that must be
issued or made by a Federal agency or airport sponsor
for such a project will be completed within a time
period established by the [Secretary] Administrator, in
cooperation with the agencies identified under
subsection (d) with respect to the project.
[(b) Aviation Projects Subject to a Streamlined Environmental
Review Process.--
[(1) Airport capacity enhancement projects at
congested airports.--An airport capacity enhancement
project at a congested airport shall be subject to the
coordinated and expedited environmental review process
requirements set forth in this section.
[(2) General aviation airport construction or
improvement project.--A general aviation airport
construction or improvement project shall be subject to
the coordinated and expedited environmental review
process requirements set forth in this section.
[(3) Aviation safety and aviation security
projects.--
[(A) In general.--The Administrator of the
Federal Aviation Administration may designate
an aviation safety project or aviation security
project for priority environmental review. The
Administrator may not delegate this designation
authority. 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;
[(iv) the prospect for undue delay if
the project is not designated for
priority review; and
[(v) for aviation security projects,
the views of the Department of Homeland
Security.]
(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.
(c) High Priority of and Agency Participation in Coordinated
Reviews.--
(1) High priority for environmental reviews.--Each
Federal agency with jurisdiction over an environmental
review, analysis, opinion, permit, license, or approval
shall accord any such review, analysis, opinion,
permit, license, or approval involving [an airport
capacity enhancement project at a congested airport or
a project designated under subsection (b)(3)] a project
described or designated under subsection (b) the
highest possible priority and conduct the review,
analysis, opinion, permit, license, or approval
expeditiously.
(2) Agency participation.--Each Federal agency
described in subsection (d) shall formulate and
implement administrative, policy, and procedural
mechanisms to enable the agency to participate in the
coordinated environmental review process under this
section and to ensure completion of environmental
reviews, analyses, opinions, permits, licenses, and
approvals described in subsection (a) in a timely and
environmentally responsible manner.
(d) Identification of Jurisdictional Agencies.--With respect
to [each airport capacity enhancement project at a congested
airport or a project designated under subsection (b)(3)] a
project described or designated under subsection (b), the
[Secretary] Administrator shall identify, as soon as
practicable, all Federal and State agencies that may have
jurisdiction over environmental-related matters that may be
affected by the project or may be required by law to conduct an
environmental-related review or analysis of the project or
determine whether to issue an environmental-related permit,
license, or approval for the project.
(e) State Authority.--Under a coordinated review process
being implemented under this section by the [Secretary]
Administrator with respect to a project at an airport within
the boundaries of a State, the Governor of the State,
consistent with State law, may choose to participate in such
process and provide that all State agencies that have
jurisdiction over environmental-related matters that may be
affected by the project or may be required by law to conduct an
environmental-related review or analysis of the project or
determine whether to issue an environmental-related permit,
license, or approval for the project, be subject to the
process.
(f) Memorandum of Understanding.--The coordinated review
process developed under this section may be incorporated into a
memorandum of understanding for a project between the
[Secretary] Administrator and the heads of other Federal and
State agencies identified under subsection (d) with respect to
the project and, if applicable, the airport sponsor.
(g) Use of Interagency Environmental Impact Statement
Teams.--
(1) In general.--The [Secretary] Administrator may
utilize an interagency environmental impact statement
team to expedite and coordinate the coordinated
environmental review process for a project under this
section. When utilizing an interagency environmental
impact statement team, the [Secretary] Administrator
shall invite Federal, State and Tribal agencies with
jurisdiction by law, and may invite such agencies with
special expertise, to participate on an interagency
environmental impact statement team.
(2) Responsibility of interagency environmental
impact statement team.--Under a coordinated
environmental review process being implemented under
this section, the interagency environmental impact
statement team shall assist the Federal Aviation
Administration in the preparation of the environmental
impact statement. To facilitate timely and efficient
environmental review, the team shall agree on agency or
Tribal points of contact, protocols for communication
among agencies, and deadlines for necessary actions by
each individual agency (including the review of
environmental analyses, the conduct of required
consultation and coordination, and the issuance of
environmental opinions, licenses, permits, and
approvals). The members of the team may formalize their
agreement in a written memorandum.
(h) Lead Agency Responsibility.--The Federal Aviation
Administration shall be the lead agency for projects
[designated under subsection (b)(3) and airport capacity
enhancement projects at congested airports] described in
subsection (b)(1) and shall be responsible for defining the
scope and content of the environmental impact statement,
consistent with regulations issued by the Council on
Environmental Quality. Any other Federal agency or State agency
that is participating in a coordinated environmental review
process under this section shall give substantial deference, to
the extent consistent with applicable law and policy, to the
aviation expertise of the Federal Aviation Administration.
(i) Effect of Failure To Meet Deadline.--
(1) Notification of congress and ceq.-- If the
[Secretary] Administrator determines that a Federal
agency, State agency, or airport sponsor that is
participating in a coordinated review process under
this section with respect to a project has not met a
deadline established under subsection (a)(3) for the
project, the [Secretary] Administrator shall notify,
within 30 days of the date of such determination, the
Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Council on Environmental Quality, and the agency or
sponsor involved about the failure to meet the
deadline.
(2) Agency report.--Not later than 30 days after date
of receipt of a notice under paragraph (1), the agency
or sponsor involved shall submit a report to the
[Secretary] Administrator, the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Council on
Environmental Quality explaining why the agency or
sponsor did not meet the deadline and what actions it
intends to take to complete or issue the required
review, analysis, opinion, permit, license, or
approval.
(j) Purpose and Need.--[For any]
(1) In general._For any environmental review,
analysis, opinion, permit, license, or approval that
must be issued or made by a Federal or State agency
that is participating in a coordinated review process
under this section and that requires an analysis of
purpose and need for the project, the agency,
notwithstanding any other provision of law, shall be
bound by the project purpose and need as defined by the
[Secretary] Administrator.
(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.
(k) Alternatives Analysis.--The [Secretary] Administrator
shall determine the reasonable alternatives to [an airport
capacity enhancement project at a congested airport or a
project designated under subsection (b)(3)] a project described
or designated under subsection (b). Any other Federal agency,
or State agency that is participating in a coordinated review
process under this section with respect to the [project shall
consider] project shall--
(1) consider only those alternatives to the project
that the [Secretary] Administrator has determined are
reasonable[.]; and
(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.
(l) Solicitation and Consideration of Comments.--In applying
subsections (j) and (k), the [Secretary] Administrator shall
solicit and consider comments from interested persons and
governmental entities in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)[.]
and section 1503 of title 40, Code of Federal Regulations.
[(m) Monitoring by Task Force.--The Transportation
Infrastructure Streamlining Task Force, established by
Executive Order 13274 (67 Fed. Reg. 59449; relating to
environmental stewardship and transportation infrastructure
project reviews), may monitor airport projects that are subject
to the coordinated review process under this section.]
(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
(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.
(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. 47175. Definitions
In this subchapter, the following definitions apply:
[(3)] (1) Airport capacity enhancement project.--The
term ``airport capacity enhancement project'' means--
(A) a project for construction or extension
of a runway, including any land acquisition,
taxiway, or safety area associated with the
runway or runway extension; [and] or
(B) such other airport development projects
as the Secretary may designate as facilitating
a reduction in air traffic congestion and
delays.
[(1)] (2) Airport sponsor.--The term ``airport
sponsor'' has the meaning given the term ``sponsor''
under section 47102.
[(4)] (3) Aviation safety project.--The term
``aviation safety project'' means an aviation project
that--
(A) has as its primary purpose reducing the
risk of injury to persons or damage to aircraft
and property, as determined by the
Administrator; [and]
[(i)] (B) is needed to respond to a
recommendation from the National Transportation
Safety Board, as determined by the
Administrator; or
[(ii)] (C) is necessary for an airport to
comply with part 139 of title 14, Code of
Federal Regulations (relating to airport
certification).
[(2)] (4) Congested airport.--The term ``congested
airport'' means an airport that accounted for at least
1 percent of all delayed aircraft operations in the
United States in the most recent year for which such
data is available and an airport listed in table 1 of
the Federal Aviation Administration's Airport Capacity
Benchmark Report 2004 or any successor report.
[(5) Aviation security project.--The term ``aviation
security project'' means a security project at an
airport required by the Department of Homeland
Security.]
[(6)] (5) Federal agency.--The term ``Federal
agency'' means a department or agency of the United
States Government.
[(8)] (6) General aviation airport construction or
improvement project.--The term ``general aviation
airport construction or improvement project'' means--
(A) a project for the construction or
extension of a runway, including any land
acquisition, helipad, taxiway, safety area,
apron, or navigational aids associated with the
runway or runway extension, at a general
aviation airport, a reliever airport, or a
commercial service airport that is not a
primary airport (as such terms are defined in
section 47102); and
(B) any other airport development project
that the Secretary designates as facilitating
aviation capacity building projects at a
general aviation airport.
(7) Joint use airport.--The term ``joint use
airport'' means an airport owned by the Department of
Defense, at which both military and civilian aircraft
make shared use of the airfield.
(8) Terminal development.--The term ``terminal
development'' has the same meaning given such term in
section 47102.
* * * * * * *
CHAPTER 473--INTERNATIONAL AIRPORT FACILITIES
* * * * * * *
[Sec. 47306. Criminal penalty
[A person that knowingly and willfully violates a regulation
prescribed by the Secretary of Transportation to carry out this
chapter shall be fined under title 18, imprisoned for not more
than 6 months, or both.]
PART C--FINANCING
* * * * * * *
CHAPTER 481--AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
* * * * * * *
Sec. 48101. Air navigation facilities and equipment
(a) General Authorization of Appropriations.--Not more than a
total of the following amounts may be appropriated to the
Secretary of Transportation out of the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue
Code of 1986 (26 U.S.C. 9502) to acquire, establish, and
improve air navigation facilities under section 44502(a)(1)(A)
of this title:
[(1) $3,330,000,000 for fiscal year 2018.
[(2) $3,398,000,000 for fiscal year 2019.
[(3) $3,469,000,000 for fiscal year 2020.
[(4) $3,547,000,000 for fiscal year 2021.
[(5) $3,624,000,000 for fiscal year 2022.]
[(6)] (1) $3,701,000,000 for fiscal year 2023.
(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.
(b) Availability of Amounts.--Amounts appropriated under this
section remain available until expended.
(c) Authorized Expenditures.--Of the amounts appropriated
under subsection (a), such sums as may be necessary may be used
for the following:
(1) The implementation and use of upgrades to the
current automated surface observation system/automated
weather observing system, if the upgrade is
successfully demonstrated.
(2) The acquisition and construction of remote towers
(as defined in section 161 of the FAA Reauthorization
Act of 2018).
(3) The remediation and elimination of identified
cybersecurity vulnerabilities in the air traffic
control system.
(4) The construction of facilities dedicated to
improving the cybersecurity of the National Airspace
System.
(5) Systems associated with the Data Communications
program.
(6) The infrastructure, sustainment, and the
elimination of the deferred maintenance backlog of air
navigation facilities and other facilities for which
the Federal Aviation Administration is responsible.
(7) The modernization and digitization of the Civil
Aviation Registry.
(8) The construction of necessary Priority 1 National
Airspace System facilities.
(9) Cost-beneficial construction, rehabilitation, or
retrofitting programs designed to reduce Federal
Aviation Administration facility operating costs.
(d) Life-Cycle Cost Estimates.--The Administrator of the
Federal Aviation Administration shall establish life-cycle cost
estimates for any air traffic control modernization project the
total life-cycle costs of which equal or exceed $50,000,000.
* * * * * * *
Sec. 48103. Airport planning and development and noise compatibility
planning and programs
(a) In General.--There shall be available to the Secretary of
Transportation out of the Airport and Airway Trust Fund
established under section 9502 of the Internal Revenue Code of
1986 to make grants for airport planning and airport
development under section 47104, airport noise compatibility
planning under section 47505(a)(2), and carrying out noise
compatibility programs under section 47504(c)--
(1) $3,350,000,000 for fiscal year 2018;
(2) $3,350,000,000 for fiscal year 2019;
(3) $3,350,000,000 for fiscal year 2020;
(4) $3,350,000,000 for fiscal year 2021;
(5) $3,350,000,000 for fiscal year 2022; [and]
(6) $3,350,000,000 for fiscal year 2023[.];
(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) Availability of Amounts.--Amounts made available under
subsection (a) shall remain available until expended.
* * * * * * *
Sec. 48105. Weather reporting services
To sustain the aviation weather reporting programs of the
Federal Aviation Administration, the Secretary of
Transportation may expend from amounts available under section
48104 of this title not more than the following amounts:
(1) for the fiscal year ending September 30, 1993,
$35,596,000.
(2) for the fiscal year ending September 30, 1994,
$37,800,000.
(3) for the fiscal year ending September 30, 1995,
$39,000,000.
(4) $39,000,000 for each of fiscal years 2019 through
2023.
(5) $45,000,000 for each of fiscal years 2024 through
2026.
(6) $50,000,000 for each of fiscal years 2027 and
2028.
* * * * * * *
PART D--PUBLIC AIRPORTS
* * * * * * *
CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
* * * * * * *
Sec. 49106. Metropolitan Washington Airports Authority
(a) Status.--The Metropolitan Washington Airports Authority
shall be--
(1) a public body corporate and politic with the
powers and jurisdiction--
(A) conferred upon it jointly by the
legislative authority of Virginia and the
District of Columbia or by either of them and
concurred in by the legislative authority of
the other jurisdiction; and
(B) that at least meet the specifications of
this section [and section 49108 of this title];
(2) independent of Virginia and its local
governments, the District of Columbia, and the United
States Government; and
(3) a political subdivision constituted only to
operate and improve the Metropolitan Washington
Airports as primary airports serving the Metropolitan
Washington area.
(b) General Authority.--(1) The Airports Authority shall be
authorized--
(A) to acquire, maintain, improve, operate, protect,
and promote the Metropolitan Washington Airports for
public purposes;
(B) to issue bonds from time to time in its
discretion for public purposes, including paying any
part of the cost of airport improvements, construction,
and rehabilitation and the acquisition of real and
personal property, including operating equipment for
the airports;
(C) to acquire real and personal property by
purchase, lease, transfer, or exchange;
(D) to exercise the powers of eminent domain in
Virginia that are conferred on it by Virginia;
(E) to levy fees or other charges; and
(F) to make and maintain agreements with employee
organizations to the extent that the Federal Aviation
Administration was authorized to do so on October 18,
1986.
(2) Bonds issued under paragraph (1)(B) of this subsection--
(A) are not a debt of Virginia, the District of
Columbia, or a political subdivision of Virginia or the
District of Columbia; and
(B) may be secured by the Airports Authority's
revenues generally, or exclusively from the income and
revenues of certain designated projects whether or not
any part of the projects are financed from the proceeds
of the bonds.
(c) Board of Directors.--(1) The Airports Authority shall be
governed by a board of directors composed of the following 17
members:
(A) 7 members appointed by the Governor of Virginia;
(B) 4 members appointed by the Mayor of the District
of Columbia;
(C) 3 members appointed by the Governor of Maryland;
and
(D) 3 members appointed by the President with the
advice and consent of the Senate.
(2) The chairman of the board shall be appointed from among
the members by majority vote of the members and shall serve
until replaced by majority vote of the members.
(3) Members of the board shall be appointed to the board for
6 years, except that of the members first appointed by the
President after October 9, 1996, one shall be appointed for 4
years. Any member of the board shall be eligible for
reappointment for 1 additional term. A member shall not serve
after the expiration of the member's term(s).
(4) A member of the board--
(A) may not hold elective or appointive political
office;
(B) serves without compensation except for reasonable
expenses incident to board functions; and
(C) must reside within the Washington Standard
Metropolitan Statistical Area, except that a member of
the board appointed by the President must be a
registered voter of a State other than Maryland,
Virginia, or the District of Columbia.
(5) A vacancy in the board shall be filled in the manner in
which the original appointment was made. A member appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
only for the remainder of that term.
(6)(A) Not more than 2 of the members of the board appointed
by the President may be of the same political party.
(B) In carrying out their duties on the board, members
appointed by the President shall ensure that adequate
consideration is given to the national interest.
(C) A member appointed by the President may be removed by the
President for cause. A member appointed by the Mayor of the
District of Columbia, the Governor of Maryland or the Governor
of Virginia may be removed or suspended from office only for
cause and in accordance with the laws of the jurisdiction from
which the member is appointed.
(7) Ten votes are required to approve bond issues and the
annual budget.
(d) Conflicts of Interest.--Members of the board and their
immediate families may not be employed by or otherwise hold a
substantial financial interest in any enterprise that has or is
seeking a contract or agreement with the Airports Authority or
is an aeronautical, aviation services, or airport services
enterprise that otherwise has interests that can be directly
affected by the Airports Authority. The official appointing a
member may make an exception if the financial interest is
completely disclosed when the member is appointed and the
member does not participate in board decisions that directly
affect the interest.
(e) Certain Actions To Be Taken by Regulation.--An action of
the Airports Authority changing, or having the effect of
changing, the hours of operation of, or the type of aircraft
serving, either of the Metropolitan Washington Airports may be
taken only by regulation of the Airports Authority.
(f) Administrative.--To assist the Secretary in carrying out
this chapter, the Secretary may hire 2 staff individuals to be
paid by the Airports Authority. The Airports Authority shall
provide clerical and support staff that the Secretary may
require.
(g) Review of Contracting Procedures.--The Comptroller
General shall review contracts of the Airports Authority to
decide whether the contracts were awarded by procedures that
follow sound Government contracting principles and comply with
section 49104(a)(4) of this title. The Comptroller General
shall submit periodic reports of the conclusions reached as a
result of the review to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
* * * * * * *
Sec. 49112. Separability and effect of judicial order
(a) Separability.--If any provision of this chapter, or the
application of a provision of this chapter to a person or
circumstance, is held invalid, the remainder of this chapter
and the application of the provision to other persons or
circumstances is not affected.
(b) Effect of Judicial Order.--[(1) If any provision of the
Metropolitan Washington Airports Amendments Act of 1996 (title
IX of Public Law 104-264; 110 Stat. 3274) or the amendments
made by the Act, or the application of that provision to a
person, circumstance, or venue, is held invalid by a judicial
order, the Secretary of Transportation and the Metropolitan
Washington Airports Authority shall be subject to section 49108
of this title from the day after the day the order is issued.]
[(2) Any action] Any action of the Airports Authority that
was required to be submitted to the Board of Review under
section 6007(f)(4) of the Metropolitan Washington Airports Act
of 1986 (Public Law 99-500; 100 Stat. 1783-380; Public Law 99-
599; 100 Stat. 3341-383) before October 9, 1996, remains in
effect and may not be set aside only because of a judicial
order invalidating certain functions of the Board.
* * * * * * *
PART E--MISCELLANEOUS
* * * * * * *
CHAPTER 501--BUY-AMERICAN PREFERENCES
* * * * * * *
Sec. 50101. Buying goods produced in the United States
(a) Preference.--The Secretary of Transportation may obligate
an amount that may be appropriated to carry out section 106(k),
44502(a)(2), or 44509, subchapter I of chapter 471 [(except
section 47127)], or chapter 481 (except sections 48102(e),
48106, 48107, and 48110) of this title for a project only if
steel and manufactured goods used in the project are produced
in the United States.
(b) Waiver.--The Secretary may waive subsection (a) of this
section if the Secretary finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) the steel and goods produced in the United States
are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
(3) when procuring a facility or equipment under
section 44502(a)(2) or 44509, subchapter I of chapter
471 [(except section 47127)], or chapter 481 (except
sections 48102(e), 48106, 48107, and 48110) of this
title--
(A) the cost of components and subcomponents
produced in the United States is more than 60
percent of the cost of all components of the
facility or equipment; and
(B) final assembly of the facility or
equipment has occurred in the United States; or
(4) including domestic material will increase the
cost of the overall project by more than 25 percent.
(c) Labor Costs.--In this section, labor costs involved in
final assembly are not included in calculating the cost of
components.
(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.
Sec. 50102. Restricting contract awards because of discrimination
against United States goods or services
A person or enterprise domiciled or operating under the laws
of a foreign country may not make a contract or subcontract
under section 106(k), 44502(a)(2), or 44509, subchapter I of
chapter 471 [(except section 47127)], or chapter 481 (except
sections 48102(e), 48106, 48107, and 48110) of this title or
subtitle B of title IX of the Omnibus Budget Reconciliation Act
of 1990 (Public Law 101-508, 104 Stat. 1388-353) if the
government of that country unfairly maintains, in government
procurement, a significant and persistent pattern of
discrimination against United States goods or services that
results in identifiable harm to United States businesses, that
the President identifies under section 305(g)(1)(A) of the
Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).
* * * * * * *
Sec. 50104. Restriction on airport projects using products or services
of foreign countries denying fair market
opportunities
(a) Definition and Rules for Construing Section.--In this
section--
(1) ``project'' has the same meaning given that term
in section 47102 of this title.
(2) each foreign instrumentality and each territory
and possession of a foreign country administered
separately for customs purposes is a separate foreign
country.
(3) an article substantially produced or manufactured
in a foreign country is a product of the country.
(4) a service provided by a person that is a national
of a foreign country or that is controlled by a
national of a foreign country is a service of the
country.
(b) Limitation on Use of Available Amounts.--(1) An amount
made available under subchapter I of chapter 471 of this title
[(except section 47127)] may not be used for a project that
uses a product or service of a foreign country during any
period the country is on the list maintained by the United
States Trade Representative under subsection (d)(1) of this
section.
(2) Paragraph (1) of this subsection does not apply when the
Secretary of Transportation decides that--
(A) applying paragraph (1) to the product, service,
or project is not in the public interest;
(B) a product or service of the same class or type
and of satisfactory quality is not produced or offered
in the United States, or in a foreign country not
listed under subsection (d)(1) of this section, in a
sufficient and reasonably available amount; and
(C) the project cost will increase by more than 20
percent if the product or service is excluded.
(c) Decisions on Denial of Fair Market Opportunities.--Not
later than 30 days after a report is submitted to Congress
under section 181(b) of the Trade Act of 1974 (19 U.S.C.
2241(b)), the Trade Representative, for a construction project
of more than $500,000 for which the government of a foreign
country supplies any part of the amount, shall decide whether
the foreign country denies fair market opportunities for
products and suppliers of the United States in procurement or
for United States bidders. In making the decision, the Trade
Representative shall consider information obtained in preparing
the report and other information the Trade Representative
considers relevant.
(d) List of Countries Denying Fair Market Opportunities.--(1)
The Trade Representative shall maintain a list of each foreign
country the Trade Representative finds under subsection (c) of
this section is denying fair market opportunities. The country
shall remain on the list until the Trade Representative decides
the country provides fair market opportunities.
(2) The Trade Representative shall publish in the Federal
Register--
(A) annually the list required under paragraph (1) of
this subsection; and
(B) any modification of the list made before the next
list is published.
Sec. 50105. Fraudulent use of ``Made in America'' label
If the Secretary of Transportation decides that a person
intentionally affixed a ``Made in America'' label to goods sold
in or shipped to the United States that are not made in the
United States, the Secretary shall declare the person
ineligible, for not less than 3 nor more than 5 years, to
receive a contract or grant from the United States Government
related to a contract made under section 106(k), 44502(a)(2),
or 44509, subchapter I of chapter 471 [(except section 47127)],
or chapter 481 (except sections 48102(e), 48106, 48107, and
48110) of this title or subtitle B of title IX of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508, 104
Stat. 1388-353). The Secretary may bring a civil action to
enforce this section in any district court of the United
States.
* * * * * * *
----------
WENDELL H. FORD AVIATION INVESTMENT AND REFORM ACT FOR THE 21ST CENTURY
* * * * * * *
TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 732. REGULATION OF ALASKA GUIDE PILOTS.
(a) In General.--Beginning on the date of the enactment of
this Act, flight operations conducted by Alaska guide pilots
shall be regulated under the general operating and flight rules
contained in part 91 of title 14, Code of Federal Regulations.
[(b) Rulemaking Proceeding.--
[(1) In general.--The Administrator shall conduct a
rulemaking proceeding and issue a final rule to modify
the general operating and flight rules referred to in
subsection (a) by establishing special rules applicable
to the flight operations conducted by Alaska guide
pilots.
[(2) Contents of rules.--A final rule issued by the
Administrator under paragraph (1) shall require Alaska
guide pilots--
[(A) to operate aircraft inspected no less
often than after 125 hours of flight time;
[(B) to participate in an annual flight
review, as described in section 61.56 of title
14, Code of Federal Regulations;
[(C) to have at least 500 hours of flight
time as a pilot;
[(D) to have a commercial rating, as
described in subpart F of part 61 of such
title;
[(E) to hold at least a second-class medical
certificate, as described in subpart C of part
67 of such title;
[(F) to hold a current letter of
authorization issued by the Administrator; and
[(G) to take such other actions as the
Administrator determines necessary for safety.
[(3) Consideration.--In making a determination to
impose a requirement under paragraph (2)(G), the
Administrator shall take into account the unique
conditions associated with air travel in the State of
Alaska to ensure that such requirements are not unduly
burdensome.]
[(c) Definitions.--In this section, the following definitions
apply:]
[(1) Letter of authorization.--The term ``letter of
authorization'' means a letter issued by the
Administrator once every 5 years to an Alaska guide
pilot certifying that the pilot is in compliance with
general operating and flight rules applicable to the
pilot. In the case of a multi-pilot operation, at the
election of the operating entity, a letter of
authorization may be issued by the Administrator to the
entity or to each Alaska guide pilot employed by the
entity.]
(b) Definition of Alaska Guide Pilot.--In this section
[(2) Alaska guide pilot.--The term ``Alaska guide
pilot''] the term ``Alaska guide pilot'' means a pilot
who--
(A) conducts aircraft operations over or
within the State of Alaska;
(B) operates single engine, fixed-wing
aircraft on floats, wheels, or skis, providing
commercial hunting, fishing, or other guide
services and related accommodations in the form
of camps or lodges; and
(C) transports clients by such aircraft
incidental to hunting, fishing, or other guide
services.
* * * * * * *
----------
VISION 100-CENTURY OF AVIATION REAUTHORIZATION ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Vision 100--
Century of Aviation Reauthorization Act''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE VII--AVIATION RESEARCH
* * * * * * *
[Sec. 710. Next generation air transportation senior policy committee.]
* * * * * * *
TITLE I--AIRPORT AND AIRWAY IMPROVEMENTS
* * * * * * *
Subtitle D--Miscellaneous
* * * * * * *
SEC. 186. MIDWAY ISLAND AIRPORT.
(a) Findings.--Congress finds that the continued operation of
the Midway Island Airport in accordance with the standards of
the Federal Aviation Administration applicable to commercial
airports is critical to the safety of commercial, military, and
general aviation in the mid-Pacific Ocean region.
(b) Memorandum of Understanding on Sale of Aircraft Fuel.--
The Secretaries of Transportation, Defense, Interior, and
Homeland Security shall enter into a memorandum of
understanding to facilitate the sale of aircraft fuel on Midway
Island at a price that will generate sufficient revenue to
improve the ability of the airport to operate on a self-
sustaining basis in accordance with the standards of the
Federal Aviation Administration applicable to commercial
airports. The memorandum shall also address the long-range
potential of promoting tourism as a means to generate revenue
to operate the airport.
(c) Transfer of Navigation Aids at Midway Island Airport.--
The Midway Island Airport may transfer, without consideration,
to the Administrator the navigation aids at the airport. The
Administrator shall accept the navigation aids and operate and
maintain the navigation aids under criteria of the
Administrator.
(d) Funding to Secretary of the Interior for Midway Island
Airport.--The Secretary of Transportation may enter into a
reimbursable agreement with the Secretary of the Interior for
the purpose of funding airport development, as defined in
section 47102(3) of title 49, United States Code, at Midway
Island Airport [for fiscal years 2018 through 2023] for fiscal
years 2023 through 2028 from amounts available in the
discretionary fund established by section 47115 of such title.
The maximum obligation under the agreement for any such fiscal
year shall be $2,500,000.
* * * * * * *
TITLE II--FAA ORGANIZATION
* * * * * * *
Subtitle B--Miscellaneous
SEC. 221. CONTROLLER STAFFING.
(a) Annual Report.--Beginning with the submission of the
Budget of the United States to the Congress for fiscal year
2005, the [Administrator of the Federal Aviation
Administration] Chief Operating Officer of the Air Traffic
Organization of the Federal Aviation Administration shall
transmit a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure that describes the overall
air traffic controller staffing plan, including strategies to
address anticipated retirement and replacement of air traffic
controllers.
(b) Human Capital Workforce Strategy.--
(1) Development.--The Administrator shall develop a
comprehensive human capital workforce strategy to
determine the most effective method for addressing the
need for more air traffic controllers that is
identified in the June 2002 report of the General
Accounting Office.
(2) Completion date.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
complete development of the strategy.
(3) Report.--Not later than 30 days after the date on
which the strategy is completed, the Administrator
shall transmit to Congress a report describing the
strategy.
* * * * * * *
TITLE VII--AVIATION RESEARCH
* * * * * * *
[SEC. 710. NEXT GENERATION AIR TRANSPORTATION SENIOR POLICY COMMITTEE.
[(a) In General.--The Secretary of Transportation shall
establish a senior policy committee to work with the Next
Generation Air Transportation System Joint Planning and
Development Office. The senior policy committee shall be
chaired by the Secretary and shall meet at least twice each
year.
[(b) Membership.--In addition to the Secretary, the senior
policy committee shall be composed of--
[(1) the Administrator of the Federal Aviation
Administration (or the Administrator's designee);
[(2) the Administrator of the National Aeronautics
and Space Administration (or the Administrator's
designee);
[(3) the Secretary of Defense (or the Secretary's
designee);
[(4) the Secretary of Homeland Security (or the
Secretary's designee);
[(5) the Secretary of Commerce (or the Secretary's
designee);
[(6) the Director of the Office of Science and
Technology Policy (or the Director's designee); and
[(7) designees from other Federal agencies determined
by the Secretary of Transportation to have an important
interest in, or responsibility for, other aspects of
the system.
[(c) Function.--The senior policy committee shall--
[(1) advise the Secretary of Transportation regarding
the national goals and strategic objectives for the
transformation of the Nation's air transportation
system to meet its future needs;
[(2) provide policy guidance for the integrated plan
for the air transportation system to be developed by
the Next Generation Air Transportation System Joint
Planning and Development Office;
[(3) provide ongoing policy review for the
transformation of the air transportation system;
[(4) identify resource needs and make recommendations
to their respective agencies for necessary funding for
planning, research, and development activities; and
[(5) make legislative recommendations, as
appropriate, for the future air transportation system.
[(d) Consultation.--In carrying out its functions under this
section, the senior policy committee shall consult with, and
ensure participation by, the private sector (including
representatives of general aviation, commercial aviation,
aviation labor, and the space industry), members of the public,
and other interested parties and may do so through a special
advisory committee composed of such representatives.
[(e) Annual Report.--
[(1) Submission to congress.--Not later than 1 year
after the date of enactment of this subsection, and
annually thereafter on the date of submission of the
President's budget request to Congress under section
1105(a) of title 31, United States Code, the Secretary
shall submit to Congress a report summarizing the
progress made in carrying out the integrated work plan
required by section 709(b)(5) and any changes in that
plan.
[(2) Contents.--The report shall include--
[(A) a copy of the updated integrated work
plan;
[(B) a description of the progress made in
carrying out the integrated work plan and any
changes in that plan, including any changes
based on funding shortfalls and limitations set
by the Office of Management and Budget;
[(C) a detailed description of--
[(i) the success or failure of each
item of the integrated work plan for
the previous year and relevant
information as to why any milestone was
not met; and
[(ii) the impact of not meeting the
milestone and what actions will be
taken in the future to account for the
failure to complete the milestone;
[(D) an explanation of any change to future
years in the integrated work plan and the
reasons for such change; and
[(E) an identification of the levels of
funding for each agency participating in the
integrated work plan devoted to programs and
activities under the plan for the previous
fiscal year and in the President's budget
request.]
* * * * * * *
----------
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Reform and Terrorism Prevention Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001. Short title.
* * * * * * *
TITLE IV--TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--Aviation Security
* * * * * * *
[Sec. 4022. Improved pilot licenses.]
* * * * * * *
TITLE IV--TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--Aviation Security
* * * * * * *
[SEC. 4022. IMPROVED PILOT LICENSES.
[(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall begin to issue improved pilot
licenses consistent with the requirements of title 49, United
States Code, and title 14, Code of Federal Regulations.
[(b) Requirements.--Improved pilots licenses issued under
subsection (a) shall--
[(1) be resistant to tampering, alteration, and
counterfeiting;
[(2) include a photograph of the individual to whom
the license is issued; and
[(3) be capable of accommodating a digital
photograph, a biometric identifier, or any other unique
identifier that the Administrator considers necessary.
[(c) Tampering.--To the extent practical, the Administrator
shall develop methods to determine or reveal whether any
component or security feature of a license issued under
subsection (a) has been tampered, altered, or counterfeited.
[(d) Use of Designees.--The Administrator may use designees
to carry out subsection (a) to the extent feasible in order to
minimize the burdens on pilots.]
* * * * * * *
----------
FAA MODERNIZATION AND REFORM ACT OF 2012
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA
Modernization and Reform Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE III--SAFETY
Subtitle A--General Provisions
* * * * * * *
[Sec. 321. Improved pilot licenses.]
Subtitle B--Unmanned Aircraft Systems
* * * * * * *
Subtitle C--Safety and Protections
[Sec. 345. Duty periods and flight time limitations applicable to flight
crewmembers.]
* * * * * * *
TITLE VIII--MISCELLANEOUS
* * * * * * *
[Sec. 817. Release from restrictions.]
* * * * * * *
TITLE III--SAFETY
Subtitle A--General Provisions
* * * * * * *
[SEC. 321. IMPROVED PILOT LICENSES.
[(a) In General.--The Administrator of the Federal Aviation
Administration shall issue improved pilot licenses consistent
with requirements under this section.
[(b) Timing.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall--
[(1) 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 containing--
[(A) a timeline for the phased issuance of
improved pilot licenses under this section that
ensures all pilots are issued such licenses not
later than 2 years after the initial issuance
of such licenses under paragraph (2); and
[(B) recommendations for the Federal
installation of infrastructure necessary to
take advantage of information contained on
improved pilot licenses issued under this
section, which identify the necessary
infrastructure, indicate the Federal entity
that should be responsible for installing,
funding, and operating the infrastructure at
airport sterile areas, and provide an estimate
of the costs of the infrastructure; and
[(2) begin to issue improved pilot licenses
consistent with the requirements of title 49, United
States Code, and title 14, Code of Federal Regulations.
[(c) Requirements.--Improved pilot licenses issued under this
section shall--
[(1) be resistant to tampering, alteration, and
counterfeiting;
[(2) include a photograph of the individual to whom
the license is issued for identification purposes; and
[(3) be smart cards that--
[(A) accommodate iris and fingerprint
biometric identifiers; and
[(B) are compliant with Federal Information
Processing Standards-201 (FIPS-201) or Personal
Identity Verification-Interoperability
Standards (PIV-I) for processing through
security checkpoints into airport sterile
areas.
[(d) Tampering.--To the extent practicable, the Administrator
shall develop methods to determine or reveal whether any
component or security feature of an improved pilot license
issued under this section has been tampered with, altered, or
counterfeited.
[(e) Use of Designees.--The Administrator may use designees
to carry out subsection (a) to the extent practicable in order
to minimize the burdens on pilots.
[(f) Report to Congress.--
[(1) In general.--Not later than 1 year 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 on the
issuance of improved pilot licenses under this section.
[(2) Expiration.--The Administrator shall not be
required to submit annual reports under this subsection
after the date on which the Administrator has issued
improved pilot licenses under this section to all
pilots.]
* * * * * * *
Subtitle C--Safety and Protections
* * * * * * *
[SEC. 345. DUTY PERIODS AND FLIGHT TIME LIMITATIONS APPLICABLE TO
FLIGHT CREWMEMBERS.
[(a) Rulemaking on Applicability of Part 121 Duty Periods and
Flight Time Limitations to Part 91 Operations.--Not later than
180 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall
initiate a rulemaking proceeding, if such a proceeding has not
already been initiated, to require a flight crewmember who is
employed by an air carrier conducting operations under part 121
of title 14, Code of Federal Regulations, and who accepts an
additional assignment for flying under part 91 of such title
from the air carrier or from any other air carrier conducting
operations under part 121 or 135 of such title, to apply the
period of the additional assignment (regardless of whether the
assignment is performed by the flight crewmember before or
after an assignment to fly under part 121 of such title) toward
any limitation applicable to the flight crewmember relating to
duty periods or flight times under part 121 of such title.
[(b) Rulemaking on Applicability of Part 135 Duty Periods and
Flight Time Limitations to Part 91 Operations.--Not later than
1 year after the date of enactment of this Act, the
Administrator shall initiate a rulemaking proceeding to require
a flight crewmember who is employed by an air carrier
conducting operations under part 135 of title 14, Code of
Federal Regulations, and who accepts an additional assignment
for flying under part 91 of such title from the air carrier or
any other air carrier conducting operations under part 121 or
135 of such title, to apply the period of the additional
assignment (regardless of whether the assignment is performed
by the flight crewmember before or after an assignment to fly
under part 135 of such title) toward any limitation applicable
to the flight crewmember relating to duty periods or flight
times under part 135 of such title.
[(c) Separate Rulemaking Proceedings Required.--The
rulemaking proceeding required under subsection (b) shall be
separate from the rulemaking proceeding required under
subsection (a).]
* * * * * * *
TITLE IV--AIR SERVICE IMPROVEMENTS
Subtitle A--Passenger Air Service Improvements
* * * * * * *
SEC. 411. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER
PROTECTION.
(a) In General.--The Secretary of Transportation shall
establish an advisory committee for aviation consumer
protection to advise the Secretary in carrying out activities
relating to airline customer service improvements.
(b) Membership.--The Secretary shall appoint the members of
the advisory committee, which shall be comprised of one
representative each of--
(1) air carriers;
(2) airport operators;
(3) ticket agents and travel management companies;
[(3)] (4) State or local governments with expertise
in consumer protection matters; and
[(4)] (5) nonprofit public interest groups with
expertise in consumer protection matters.
(c) Vacancies.--A vacancy in the advisory committee shall be
filled in the manner in which the original appointment was
made.
(d) Travel Expenses.--Members of the advisory committee 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) Chairperson.--The Secretary shall designate, from among
the individuals appointed under subsection (b), an individual
to serve as chairperson of the advisory committee.
(f) Duties.--The duties of the advisory committee shall
include--
(1) evaluating existing aviation consumer protection
programs and providing recommendations for the
improvement of such programs, if needed; and
(2) providing recommendations for establishing
additional aviation consumer protection programs, if
needed.
(g) Report to Congress.--Not later than February 1 of each of
the first 2 calendar years beginning after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report containing--
(1) the recommendations made by the advisory
committee during the preceding calendar year; and
(2) an explanation of how the Secretary has
implemented each recommendation and, for each
recommendation not implemented, the Secretary's reason
for not implementing the recommendation.
(h) Termination.--The advisory committee established under
this section shall terminate on September 30, [2023] 2028.
* * * * * * *
TITLE VI--FAA EMPLOYEES AND ORGANIZATION
* * * * * * *
SEC. 605. FAA TECHNICAL TRAINING AND STAFFING.
[(a) Study.--
[(1) In general.--The Administrator of the Federal
Aviation Administration shall conduct a study to assess
the adequacy of the Administrator's technical training
strategy and improvement plan for airway transportation
systems specialists (in this section referred to as
``FAA systems specialists'').
[(2) Contents.--The study shall include--
[(A) a review of the current technical
training strategy and improvement plan for FAA
systems specialists;
[(B) recommendations to improve the technical
training strategy and improvement plan needed
by FAA systems specialists to be proficient in
the maintenance of the latest technologies;
[(C) a description of actions that the
Administration has undertaken to ensure that
FAA systems specialists receive up-to-date
training on the latest technologies; and
[(D) a recommendation regarding the most
cost-effective approach to provide training to
FAA systems specialists.
[(3) 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.]
[(b) Workload of Systems Specialists.--]
[(1)] (a) Study by national academy of sciences.--Not later
than 90 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall make
appropriate arrangements for the National Academy of Sciences
to conduct a study of the assumptions and methods used by the
Federal Aviation Administration to estimate staffing needs for
FAA systems specialists to ensure proper maintenance and
certification of the national airspace system.
[(2)] (b) Consultation.--In conducting the study, the
National Academy of Sciences shall--
(1) consult with the exclusive bargaining
representative certified under section 7111 of title 5,
United States Code; and
(2) include recommendations for objective staffing
standards that maintain the safety of the national
airspace system.
[(3)] (c) Report.--Not later than 1 year after the initiation
of the arrangements under [paragraph (1)] subsection (a), the
National Academy of Sciences shall submit to Congress a report
on the results of the study.
* * * * * * *
TITLE VIII--MISCELLANEOUS
* * * * * * *
[SEC. 817. RELEASE FROM RESTRICTIONS.
[(a) In General.--Subject to subsection (b), the Secretary of
Transportation is authorized to grant to an airport, city, or
county a release from 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 section 47125 of title 49, United States Code.
[(b) Condition.--Any release granted by the Secretary
pursuant to subsection (a) shall be subject to the following
conditions:
[(1) The applicable airport, city, or county 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 fair market value.
[(2) Any consideration received by the airport, city,
or county under paragraph (1) shall be used exclusively
for the development, improvement, operation, or
maintenance of a public airport by the airport, city,
or county.
[(3) Any other conditions required by the Secretary.]
* * * * * * *
SEC. 821. CLARIFICATION OF REQUIREMENTS FOR VOLUNTEER PILOTS OPERATING
CHARITABLE MEDICAL FLIGHTS.
(a) Reimbursement of Fuel Costs.--Notwithstanding any other
law or regulation, in administering section 61.113(c) of title
14, Code of Federal Regulations (or any successor regulation),
the Administrator of the Federal Aviation Administration shall
allow an aircraft owner or operator to accept reimbursement
from a volunteer pilot organization [for the fuel costs
associated with] for the fuel costs and airport fees attributed
to a flight operation to provide transportation [for an
individual or organ for medical purposes (and for other
associated individuals)] for the purposes described in
subsection (c)(2), if the aircraft owner or operator has--
(1) volunteered to provide such transportation; and
(2) notified any individual that will be on the
flight, at the time of inquiry about the flight, that
the flight operation is for charitable purposes and is
not subject to the same requirements as a commercial
flight.
(b) Conditions to Ensure Safety.--The Administrator may
impose minimum standards with respect to training and flight
hours for single-engine, multi-engine, and turbine-engine
operations conducted by an aircraft owner or operator that is
being reimbursed for fuel costs by a volunteer pilot
organization, including mandating that the pilot in command of
such aircraft hold an instrument rating and be current and
qualified for the aircraft being flown to ensure the safety of
flight operations described in subsection (a).
(c) Volunteer Pilot Organization.--In this section, the term
``volunteer pilot organization'' means an organization that--
(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code; and
(2) is organized for the primary purpose of
providing, arranging, or otherwise fostering
[charitable medical transportation.] 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.
* * * * * * *
----------
FAA EXTENSION, SAFETY, AND SECURITY ACT OF 2016
* * * * * * *
TITLE II--AVIATION SAFETY CRITICAL REFORMS
Subtitle A--Safety
* * * * * * *
SEC. 2104. LASER POINTER INCIDENTS.
(a) In General.--Beginning 90 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration, in coordination with appropriate
Federal law enforcement agencies, shall provide [quarterly]
annually updates to the appropriate committees of Congress
regarding--
(1) the number of incidents involving the beam from a
laser pointer (as defined in section 39A of title 18,
United States Code) being aimed at, or in the flight
path of, an aircraft in the airspace jurisdiction of
the United States;
(2) the number of civil or criminal enforcement
actions taken by the Federal Aviation Administration,
the Department of Transportation, or another Federal
agency with regard to the incidents described in
paragraph (1), including the amount of the civil or
criminal penalties imposed on violators;
(3) the resolution of any incidents described in
paragraph (1) that did not result in a civil or
criminal enforcement action; and
(4) any actions the Department of Transportation or
another Federal agency has taken on its own, or in
conjunction with other Federal agencies or local law
enforcement agencies, to deter the type of activity
described in paragraph (1).
(b) Civil Penalties.--The Administrator shall revise the
maximum civil penalty that may be imposed on an individual who
aims the beam of a laser pointer at an aircraft in the airspace
jurisdiction of the United States, or at the flight path of
such an aircraft, to be $25,000.
(c) Report Sunset.--Subsection (a) shall cease to be
effective after September 30, 2028.
* * * * * * *
Subtitle B--UAS Safety
* * * * * * *
SEC. 2209. APPLICATIONS FOR DESIGNATION.
(a) Applications for Designation.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Transportation shall establish a process to allow applicants to
petition the Administrator of the Federal Aviation
Administration to prohibit or restrict, including temporarily,
the operation of an unmanned aircraft in close proximity to a
fixed site facility or eligible outdoor gathering.
(b) Review Process.--
(1) Application procedures.--
(A) In general.--The Administrator shall
establish the procedures for the application
for designation under subsection (a).
(B) Requirements.--The procedures shall allow
operators or proprietors of fixed site
facilities to apply for designation
individually or collectively.
(C) Considerations.--Only the following may
be considered fixed site facilities:
(i) Critical infrastructure, such as
energy production, transmission,
distribution facilities and equipment,
and railroad facilities.
(ii) Oil refineries and chemical
facilities.
(iii) Amusement parks.
(iv) [Other locations that warrant
such restrictions] State correctional
facilities.
(v) Eligible outdoor gatherings.
(2) Determination.--
(A) In general.--The Secretary shall provide
for a determination under the review process
established under subsection (a) not later than
90 days after the date of application, unless
the applicant is provided with written notice
describing the reason for the delay.
(B) Affirmative designations.--An affirmative
designation shall outline--
(i) the boundaries for unmanned
aircraft operation near the fixed site
facility; and
(ii) such other limitations that the
Administrator determines may be
appropriate.
(C) Considerations.--In making a
determination whether to grant or deny an
application for a designation, the
Administrator may consider--
(i) aviation safety;
(ii) protection of persons and
property on the ground;
(iii) national security; or
(iv) homeland security.
(D) Opportunity for resubmission.--If an
application is denied, and the applicant can
reasonably address the reason for the denial,
the Administrator may allow the applicant to
reapply for designation.
(c) Public Information.--Designations under subsection (a)
shall be published by the Federal Aviation Administration on a
publicly accessible website.
(d) 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 fixed site
facility designated under subsection (b).
(e) Deadlines.--
(1) Not later than March 31, 2019, the Administrator
shall publish a notice of proposed rulemaking to carry
out the requirements of this section.
(2) Not later than 12 months after publishing the
notice of proposed rulemaking under paragraph (1), the
Administrator shall issue a final rule.
(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.
* * * * * * *
Subtitle C--Time Sensitive Aviation Reforms
* * * * * * *
SEC. 2307. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS.
(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 or revise regulations to
ensure that an individual may operate as pilot in command of a
covered aircraft if--
(1) the individual possesses a valid driver's license
issued by a State, territory, or possession of the
United States and complies with all medical
requirements or restrictions associated with that
license;
[(2) the individual holds a medical certificate
issued by the Federal Aviation Administration on the
date of enactment of this Act, held such a certificate
at any point during the 10-year period preceding such
date of enactment, or obtains such a certificate after
such date of enactment;]
(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;
(3) the most recent medical certificate issued by the
Federal Aviation Administration to the individual--
(A) indicates whether the certificate is
first, second, or third class;
(B) may include authorization for special
issuance;
(C) may be expired;
(D) cannot have been revoked or suspended;
and
(E) cannot have been withdrawn;
(4) the most recent application for airman medical
certification submitted to the Federal Aviation
Administration by the individual cannot have been
completed and denied;
(5) the individual has completed a medical education
course described in subsection (c) during the 24
calendar months before acting as pilot in command of a
covered aircraft and demonstrates proof of completion
of the course;
(6) the individual, when serving as a pilot in
command, is under the care and treatment of a physician
if the individual has been diagnosed with any medical
condition that may impact the ability of the individual
to fly;
(7) the individual has received a comprehensive
medical examination from a State-licensed physician
during the previous 48 calendar months and--
(A) prior to the examination, the
individual--
(i) completed the individual's
section of the checklist described in
subsection (b); and
(ii) provided the completed checklist
to the physician performing the
examination; and
(B) the physician conducted the comprehensive
medical examination in accordance with the
checklist described in subsection (b), checking
each item specified during the examination and
addressing, as medically appropriate, every
medical condition listed, and any medications
the individual is taking; and
(8) the individual is operating in accordance with
the following conditions:
(A) The covered aircraft is carrying not more
than [5] 6 passengers.
(B) The individual is operating the covered
aircraft under visual flight rules or
instrument flight rules.
(C) The flight, including each portion of
that flight, is not carried out--
(i) for compensation or hire,
including that no passenger or property
on the flight is being carried for
compensation or hire;
(ii) at an altitude that is more than
18,000 feet above mean sea level;
(iii) outside the United States,
unless authorized by the country in
which the flight is conducted; or
(iv) at an indicated air speed
exceeding 250 knots.
(b) Comprehensive Medical Examination.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
develop a checklist for an individual to complete and
provide to the physician performing the comprehensive
medical examination required in subsection (a)(7).
(2) Requirements.--The checklist shall contain--
(A) a section, for the individual to complete
that contains--
(i)boxes 3 through 13 and boxes 16
through 19 of the Federal Aviation
Administration Form 8500-8 (3-99) (or
any successor form); and
(ii) a signature line for the
individual to affirm that--
(I) the answers provided by
the individual on that
checklist, including the
individual's answers regarding
medical history, are true and
complete;
(II) the individual
understands that he or she is
prohibited under Federal
Aviation Administration
regulations from acting as
pilot in command, or any other
capacity as a required flight
crew member, if he or she knows
or has reason to know of any
medical deficiency or medically
disqualifying condition that
would make the individual
unable to operate the aircraft
in a safe manner; and
(III) the individual is aware
of the regulations pertaining
to the prohibition on
operations during medical
deficiency and has no medically
disqualifying conditions in
accordance with applicable law;
(B) a section with instructions for the
individual to provide the completed checklist
to the physician performing the comprehensive
medical examination required in subsection
(a)(7); and
(C) a section, for the physician to complete,
that instructs the physician--
(i) to perform a clinical examination
of--
(I) head, face, neck, and
scalp;
(II) nose, sinuses, mouth,
and throat;
(III) ears, general (internal
and external canals), and
eardrums (perforation);
(IV) eyes (general),
ophthalmoscopic, pupils
(equality and reaction), and
ocular motility (associated
parallel movement, nystagmus);
(V) lungs and chest (not
including breast examination);
(VI) heart (precordial
activity, rhythm, sounds, and
murmurs);
(VII) vascular system (pulse,
amplitude, and character, and
arms, legs, and others);
(VIII) abdomen and viscera
(including hernia);
(IX) anus (not including
digital examination);
(X) skin;
(XI) G-U system (not
including pelvic examination);
(XII) upper and lower
extremities (strength and range
of motion);
(XIII) spine and other
musculoskeletal;
(XIV) identifying body marks,
scars, and tattoos (size and
location);
(XV) lymphatics;
(XVI) neurologic (tendon
reflexes, equilibrium, senses,
cranial nerves, and
coordination, etc.);
(XVII) psychiatric
(appearance, behavior, mood,
communication, and memory);
(XVIII) general systemic;
(XIX) hearing;
(XX) vision (distant, near,
and intermediate vision, field
of vision, color vision, and
ocular alignment);
(XXI) blood pressure and
pulse; and
(XXII) anything else the
physician, in his or her
medical judgment, considers
necessary;
(ii) to exercise medical discretion
to address, as medically appropriate,
any medical conditions identified, and
to exercise medical discretion in
determining whether any medical tests
are warranted as part of the
comprehensive medical examination;
(iii) to discuss all drugs the
individual reports taking (prescription
and nonprescription) and their
potential to interfere with the safe
operation of an aircraft or motor
vehicle;
(iv) to sign the checklist, stating:
``I certify that I discussed all items
on this checklist with the individual
during my examination, discussed any
medications the individual is taking
that could interfere with their ability
to safely operate an aircraft or motor
vehicle, and performed an examination
that included all of the items on this
checklist. I certify that I am not
aware of any medical condition that, as
presently treated, could interfere with
the individual's ability to safely
operate an aircraft.''; and
(v) to provide the date the
comprehensive medical examination was
completed, and the physician's full
name, address, telephone number, and
State medical license number.
(3) Logbook.--The completed checklist shall be
retained in the individual's logbook and made available
on request.
(c) Medical Education Course Requirements.--The medical
education course described in this subsection shall--
(1) be available on the Internet free of charge;
(2) be developed and periodically updated in
coordination with representatives of relevant nonprofit
and not-for-profit general aviation stakeholder groups;
(3) educate pilots on conducting medical self-
assessments;
(4) advise pilots on identifying warning signs of
potential serious medical conditions;
(5) identify risk mitigation strategies for medical
conditions;
(6) increase awareness of the impacts of potentially
impairing over-the-counter and prescription drug
medications;
(7) encourage regular medical examinations and
consultations with primary care physicians;
(8) inform pilots of the regulations pertaining to
the prohibition on operations during medical deficiency
and medically disqualifying conditions;
(9) provide the checklist developed by the Federal
Aviation Administration in accordance with subsection
(b); and
(10) upon successful completion of the course,
electronically provide to the individual and transmit
to the Federal Aviation Administration--
(A) a certification of completion of the
medical education course, which shall be
printed and retained in the individual's
logbook and made available upon request, and
shall contain the individual's name, address,
and airman certificate number;
(B) subject to subsection (d), a release
authorizing the National Driver Register
through a designated State Department of Motor
Vehicles to furnish to the Federal Aviation
Administration information pertaining to the
individual's driving record;
(C) a certification by the individual that
the individual is under the care and treatment
of a physician if the individual has been
diagnosed with any medical condition that may
impact the ability of the individual to fly, as
required under subsection (a)(6);
(D) a form that includes--
(i) the name, address, telephone
number, and airman certificate number
of the individual;
(ii) the name, address, telephone
number, and State medical license
number of the physician performing the
comprehensive medical examination
required in subsection (a)(7);
(iii) the date of the comprehensive
medical examination required in
subsection (a)(7); and
(iv) a certification by the
individual that the checklist described
in subsection (b) was followed and
signed by the physician in the
comprehensive medical examination
required in subsection (a)(7); and
(E) a statement, which shall be printed, and
signed by the individual certifying that the
individual understands the existing prohibition
on operations during medical deficiency by
stating: ``I understand that I cannot act as
pilot in command, or any other capacity as a
required flight crew member, if I know or have
reason to know of any medical condition that
would make me unable to operate the aircraft in
a safe manner.''.
(d) National Driver Register.--The authorization under
subsection (c)(10)(B) shall be an authorization for a single
access to the information contained in the National Driver
Register.
(e) Special Issuance Process.--
(1) In general.--An individual who has qualified for
the third-class medical certificate exemption under
subsection (a) and is seeking to serve as a pilot in
command of a covered aircraft shall be required to have
completed the process for obtaining an Authorization
for Special Issuance of a Medical Certificate for each
of the following:
(A) A mental health disorder, limited to an
established medical history or clinical
diagnosis of--
(i) personality disorder that is
severe enough to have repeatedly
manifested itself by overt acts;
(ii) psychosis, defined as a case in
which an individual--
(I) has manifested delusions,
hallucinations, grossly bizarre
or disorganized behavior, or
other commonly accepted
symptoms of psychosis; or
(II) may reasonably be
expected to manifest delusions,
hallucinations, grossly bizarre
or disorganized behavior, or
other commonly accepted
symptoms of psychosis;
(iii) bipolar disorder; or
(iv) substance dependence within the
previous 2 years, as defined in section
67.307(a)(4) of title 14, Code of
Federal Regulations.
(B) A neurological disorder, limited to an
established medical history or clinical
diagnosis of any of the following:
(i) Epilepsy.
(ii) Disturbance of consciousness
without satisfactory medical
explanation of the cause.
(iii) A transient loss of control of
nervous system functions without
satisfactory medical explanation of the
cause.
(C) A cardiovascular condition, limited to a
one-time special issuance for each diagnosis of
the following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has
required treatment.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In
the case of an individual with a cardiovascular
condition, the process for obtaining an Authorization
for Special Issuance of a Medical Certificate shall be
satisfied with the successful completion of an
appropriate clinical evaluation without a mandatory
wait period.
(3) Special rule for mental health conditions.--
(A) In general.--In the case of an individual
with a clinically diagnosed mental health
condition, the third-class medical certificate
exemption under subsection (a) shall not apply
if--
(i) in the judgment of the
individual's State-licensed medical
specialist, the condition--
(I) renders the individual
unable to safely perform the
duties or exercise the airman
privileges described in
subsection (a)(8); or
(II) may reasonably be
expected to make the individual
unable to perform the duties or
exercise the privileges
described in subsection (a)(8);
or
(ii) the individual's driver's
license is revoked by the issuing
agency as a result of a clinically
diagnosed mental health condition.
(B) Certification.--Subject to subparagraph
(A), an individual clinically diagnosed with a
mental health condition shall certify every 2
years, in conjunction with the certification
under subsection (c)(10)(C), that the
individual is under the care of a State-
licensed medical specialist for that mental
health condition.
(4) Special rule for neurological conditions.--
(A) In general.--In the case of an individual
with a clinically diagnosed neurological
condition, the third-class medical certificate
exemption under subsection (a) shall not apply
if--
(i) in the judgment of the
individual's State-licensed medical
specialist, the condition--
(I) renders the individual
unable to safely perform the
duties or exercise the airman
privileges described in
subsection (a)(8); or
(II) may reasonably be
expected to make the individual
unable to perform the duties or
exercise the privileges
described in subsection (a)(8);
or
(ii) the individual's driver's
license is revoked by the issuing
agency as a result of a clinically
diagnosed neurological condition.
(B) Certification.--Subject to subparagraph
(A), an individual clinically diagnosed with a
neurological condition shall certify every 2
years, in conjunction with the certification
under subsection (c)(10)(C), that the
individual is under the care of a State-
licensed medical specialist for that
neurological condition.
(f) Identification of Additional Medical Conditions for CACI
Program.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
review and identify additional medical conditions that
could be added to the program known as the Conditions
AMEs Can Issue (CACI) program.
(2) Consultations.--In carrying out paragraph (1),
the Administrator shall consult with aviation, medical,
and union stakeholders.
(3) Report Required.--Not later than 180 days after
the date of enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress
a report listing the medical conditions that have been
added to the CACI program under paragraph (1).
(g) Expedited Authorization for Special Issuance of a Medical
Certificate.--
(1) In general.--The Administrator shall implement
procedures to expedite the process for obtaining an
Authorization for Special Issuance of a Medical
Certificate under section 67.401 of title 14, Code of
Federal Regulations.
(2) Consultations.--In carrying out paragraph (1),
the Administrator shall consult with aviation, medical,
and union stakeholders.
(3) Report required.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress a
report describing how the procedures implemented under
paragraph (1) will streamline the process for obtaining
an Authorization for Special Issuance of a Medical
Certificate and reduce the amount of time needed to
review and decide special issuance cases.
[(h) Report required.--Not later than 5 years after the date
of enactment of this Act, the Administrator, in coordination
with the National Transportation Safety Board, shall submit to
the appropriate committees of Congress 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.]
(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.
(i) Prohibition on Enforcement Actions.--Beginning on the
date that is 1 year after the date of enactment of this Act,
the Administrator may not take an enforcement action for not
holding a valid third-class medical certificate against a pilot
of a covered aircraft for a flight if the pilot and the flight
meet, through a good faith effort, the applicable requirements
under subsection (a), except paragraph (5) of that subsection,
unless the Administrator has published final regulations in the
Federal Register under that subsection.
(j) Covered Aircraft Defined.--In this section, the term
``covered aircraft'' means an aircraft that--
(1) is authorized under Federal law to carry not more
than [6] 7 occupants; and
(2) has a maximum certificated takeoff weight of not
more than [6,000] 12,500 pounds.
(k) Operations Covered.--The provisions and requirements
covered in this section do not apply to pilots who elect to
operate under the medical requirements under subsection (b) or
subsection (c) of section 61.23 of title 14, Code of Federal
Regulations.
(l) Authority To Require Additional Information.--
(1) In general.--If the Administrator receives
credible or urgent information, including from the
National Driver Register or the Administrator's Safety
Hotline, that reflects on an individual's ability to
safely operate a covered aircraft under the third-class
medical certificate exemption in subsection (a), the
Administrator may require the individual to provide
additional information or history so that the
Administrator may determine whether the individual is
safe to continue operating a covered aircraft.
(2) Use of information.--The Administrator may use
credible or urgent information received under paragraph
(1) to request an individual to provide additional
information or to take actions under section 44709(b)
of title 49, United States Code.
* * * * * * *
----------
PILOT'S BILL OF RIGHTS
* * * * * * *
SEC. 2. FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND
ELIMINATION OF DEFERENCE.
(a) In General.--Any 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, shall be conducted, to the
extent practicable, in accordance with the Federal Rules of
Civil Procedure and the Federal Rules of Evidence.
(b) Access to Information.--
(1) In general.--Except as provided under paragraph
(3), the Administrator of the Federal Aviation
Administration (referred to in this section as the
``Administrator'') shall provide timely, written
notification to an individual who is the subject of an
investigation relating to the approval, denial,
suspension, modification, or revocation of an airman
certificate under chapter 447 of title 49, United
States Code.
(2) Information required.--The notification required
under paragraph (1) shall inform the individual--
(A) of the nature of the investigation and
the specific activity on which the
investigation is based;
(B) that an oral or written response to a
Letter of Investigation from the Administrator
is not required;
(C) that no action or adverse inference can
be taken against the individual for declining
to respond to a Letter of Investigation from
the Administrator;
(D) that any response to a Letter of
Investigation from the Administrator or to an
inquiry made by a representative of the
Administrator by the individual may be used as
evidence against the individual;
(E) that the releasable portions of the
Administrator's investigative report will be
available to the individual; and
(F) that the individual is entitled to access
or otherwise obtain air traffic data described
in paragraph (4).
(3) Exception.--The Administrator may delay
notification under paragraph (1) if the Administrator
determines that such notification may threaten the
integrity of the investigation.
(4) Access to air traffic data.--
(A) FAA air traffic data.--The Administrator
shall provide an individual described in
paragraph (1) with timely access to any air
traffic data in the possession of the Federal
Aviation Administration that would facilitate
the individual's ability to productively
participate in a proceeding relating to an
investigation described in such paragraph.
(B) Air traffic data defined.--As used in
subparagraph (A), the term ``air traffic data''
includes--
(i) relevant air traffic
communication tapes;
(ii) radar information;
(iii) air traffic controller
statements;
(iv) flight data;
(v) investigative reports; and
(vi) any other air traffic or flight
data in the Federal Aviation
Administration's possession that would
facilitate the individual's ability to
productively participate in the
proceeding.
(C) Government contractor air traffic data.--
(i) In general.--Any individual
described in paragraph (1) is entitled
to obtain any air traffic data that
would facilitate the individual's
ability to productively participate in
a proceeding relating to an
investigation described in such
paragraph from a government contractor
that provides operational services to
the Federal Aviation Administration,
including control towers and flight
service stations.
(ii) Required information from
individual.--The individual may obtain
the information described in clause (i)
by submitting a request to the
Administrator that--
(I) describes the facility at
which such information is
located; and
(II) identifies the date on
which such information was
generated.
(iii) Provision of information to
individual.--If the Administrator
receives a request under this
subparagraph, the Administrator shall--
(I) request the contractor to
provide the requested
information; and
(II) upon receiving such
information, transmitting the
information to the requesting
individual in a timely manner.
(5) Timing.--Except when the Administrator determines
that an emergency exists under section 44709(e)(2) or
46105(c), the Administrator may not proceed against an
individual that is the subject of an investigation
described in paragraph (1) during the 30-day period
beginning on the date on which the air traffic data
required under paragraph (4) is made available to the
individual.
(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.
(c) Amendments to Title 49.--
(1) Airman certificates.--Section 44703(d)(2) of
title 49, United States Code, is amended by striking
``but is bound by all validly adopted interpretations
of laws and regulations the Administrator carries out
unless the Board finds an interpretation is arbitrary,
capricious, or otherwise not according to law''.
(2) Amendments, modifications, suspensions, and
revocations of certificates.--Section 44709(d)(3) of
such title is amended by striking ``but is bound by all
validly adopted interpretations of laws and regulations
the Administrator carries out and of written agency
policy guidance available to the public related to
sanctions to be imposed under this section unless the
Board finds an interpretation is arbitrary, capricious,
or otherwise not according to law''.
(3) Revocation of airman certificates for controlled
substance violations.--Section 44710(d)(1) of such
title is amended by striking ``but shall be bound by
all validly adopted interpretations of laws and
regulations the Administrator carries out and of
written agency policy guidance available to the public
related to sanctions to be imposed under this section
unless the Board finds an interpretation is arbitrary,
capricious, or otherwise not according to law''.
(d) Appeal From Certificate Actions.--
(1) In general.--Upon a decision by the National
Transportation Safety Board upholding an order or a
final decision by the Administrator denying an airman
certificate under section 44703(d) of title 49, United
States Code, or imposing a punitive civil action or an
emergency order of revocation under subsections (d) and
(e) of section 44709 of such title, an individual
substantially affected by an order of the Board may, at
the individual's election, file an appeal in the United
States district court in which the individual resides
or in which the action in question occurred, or in the
United States District Court for the District of
Columbia. If the individual substantially affected by
an order of the Board elects not to file an appeal in a
United States district court, the individual may file
an appeal in an appropriate United States court of
appeals.
(2) Emergency order pending judicial review.--
Subsequent to a decision by the Board to uphold an
Administrator's emergency order under section
44709(e)(2) of title 49, United States Code, and absent
a stay of the enforcement of that order by the Board,
the emergency order of amendment, modification,
suspension, or revocation of a certificate shall remain
in effect, pending the exhaustion of an appeal to a
Federal district court as provided in this Act.
(e) Standard of Review.--
(1) In general.--In an appeal filed under subsection
(d) in a United States district court, the district
court shall give full independent review of a denial,
suspension, or revocation ordered by the Administrator,
including substantive independent and expedited review
of any decision by the Administrator to make such order
effective immediately.
(2) Evidence.--A United States district court's
review under paragraph (1) shall include in evidence
any record of the proceeding before the Administrator
and any record of the proceeding before the National
Transportation Safety Board, including hearing
testimony, transcripts, exhibits, decisions, and briefs
submitted by the parties.
(f) Release of Investigative Reports.--
(1) In general.--
(A) Emergency orders.--In any proceeding
conducted under part 821 of title 49, Code of
Federal Regulations, relating to the amendment,
modification, suspension, or revocation of an
airman certificate, in which the Administrator
issues an emergency order under subsections (d)
and (e) of section 44709, section 44710, or
section 46105(c) of title 49, United States
Code, or another order that takes effect
immediately, the Administrator shall provide,
upon request, to the individual holding the
airman certificate the releasable portion of
the investigative report at the time the
Administrator issues the order. If the complete
Report of Investigation is not available at the
time of the request, the Administrator shall
issue all portions of the report that are
available at the time and shall provide the
full report not later than 5 days after its
completion.
(B) Other orders.--In any nonemergency
proceeding conducted under part 821 of title
49, Code of Federal Regulations, relating to
the amendment, modification, suspension, or
revocation of an airman certificate, in which
the Administrator notifies the certificate
holder of a proposed certificate action under
subsections (b) and (c) of section 44709 or
section 44710 of title 49, United States Code,
the Administrator shall, upon the written
request of the covered certificate holder and
at any time after that notification, provide to
the covered certificate holder the releasable
portion of the investigative report.
(2) Motion for dismissal.--If the Administrator does
not provide the releasable portions of the
investigative report to the individual holding the
airman certificate subject to the proceeding referred
to in paragraph (1) by the time required by that
paragraph, the individual may move to dismiss the
complaint of the Administrator or for other relief and,
unless the Administrator establishes good cause for the
failure to provide the investigative report or for a
lack of timeliness, the administrative law judge shall
order such relief as the judge considers appropriate.
(3) Releasable portion of investigative report.--For
purposes of paragraph (1), the releasable portion of an
investigative report is all information in the report,
except for the following:
(A) Information that is privileged.
(B) Information that constitutes work product
or reflects internal deliberative process.
(C) Information that would disclose the
identity of a confidential source.
(D) Information the disclosure of which is
prohibited by any other provision of law.
(E) Information that is not relevant to the
subject matter of the proceeding.
(F) Information the Administrator can
demonstrate is withheld for good cause.
(G) Sensitive security information, as
defined in section 15.5 of title 49, Code of
Federal Regulations (or any corresponding
similar ruling or regulation).
(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent the Administrator from
releasing to an individual subject to an investigation
described in subsection (b)(1)--
(A) information in addition to the
information included in the releasable portion
of the investigative report; or
(B) a copy of the investigative report before
the Administrator issues a complaint.
* * * * * * *
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;
(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.
----------
AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY ACT
* * * * * * *
DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
* * * * * * *
SEC. 108. INTEGRATED PROJECT TEAMS.
(a) In General.--Upon receipt of an application for a type
certificate for a transport category airplane, the
Administrator shall convene an interdisciplinary integrated
project team responsible for coordinating review and providing
advice and recommendations, as appropriate, to the
Administrator on such application.
(b) Membership.--In convening an interdisciplinary integrated
project team under subsection (a), the Administrator shall
appoint employees of the Administration or other Federal
agencies, such as the Air Force, Volpe National Transportation
Systems Center, or the National Aeronautics and Space
Administration (with the concurrence of the head of such other
Federal agency), with specialized expertise and experience in
the fields of engineering, systems design, human factors, and
pilot training, including, at a minimum--
(1) not less than 1 designee of the Associate
Administrator for Aviation Safety whose duty station is
in the Administration's headquarters;
(2) representatives of the Aircraft Certification
Service of the Administration;
(3) representatives of the Flight Standards Service
of the Administration;
(4) experts in the fields of human factors,
aerodynamics, flight controls, software, and systems
design; and
(5) any other subject matter expert whom the
Administrator determines appropriate.
(c) Availability.--In order to carry out its duties with
respect to the areas specified in subsection (d), a project
team shall be available to the Administrator, upon request, at
any time during the certification process.
(d) Duties.--A project team shall advise the Administrator
and make written recommendations to the Administrator, to be
retained in the certification project file, including
recommendations for any plans, analyses, assessments, and
reports required to support and document the certification
project, in the following areas associated with a new
technology or novel design:
(1) Initial review of design proposals proposed by
the applicant and the establishment of the
certification basis.
(2) Identification of new technology, novel design,
or safety critical design features or systems that are
potentially catastrophic, either alone or in
combination with another failure.
(3) Determination of compliance findings, system
safety assessments, and safety critical functions the
Administration should retain in terms of new
technology, novel design, or safety critical design
features or systems.
(4) Evaluation of the Administration's expertise or
experience necessary to support the project.
(5) Review and evaluation of an applicant's request
for exceptions or exemptions from compliance with
airworthiness standards codified in title 14 of the
Code of Federal Regulations, as in effect on the date
of application for the change.
(6) Conduct of design reviews, procedure evaluations,
and training evaluations.
(7) Review of the applicant's final design
documentation and other data to evaluate compliance
with all relevant Administration regulations.
(e) Documentation of FAA Response.--The Administrator shall
provide a written response to each recommendation of each
project team and shall retain such response in the
certification project file.
(f) Report.--Not later than 1 year after the date of
enactment of this section, and annually thereafter through
fiscal year [2023] 2028, the Administrator shall submit to the
congressional committees of jurisdiction a report on the
establishment of each integrated project team in accordance
with this section during such fiscal year, including the role
and composition of each such project team.
* * * * * * *
SEC. 113. VOLUNTARY SAFETY REPORTING PROGRAM.
(a) In General.--Not later than 1 year after the date of
enactment of this title, the Administrator shall establish a
voluntary safety reporting program for engineers, safety
inspectors, systems safety specialists, and other subject
matter experts certified under section 7111 of title 5, United
States Code, to confidentially report instances where they have
identified safety concerns during certification or oversight
processes.
(b) Safety Reporting Program Requirements.--In establishing
the safety reporting program under subsection (a), the
Administrator shall ensure the following:
(1) The FAA maintains a reporting culture that
encourages human factors specialists, engineers, flight
test pilots, inspectors, and other appropriate FAA
employees to voluntarily report safety concerns.
(2) The safety reporting program is non-punitive,
confidential, and protects employees from adverse
employment actions related to their participation in
the program.
(3) The safety reporting program identifies
exclusionary criteria for the program.
(4) Collaborative development of the program with
bargaining representatives of employees under section
7111 of title 5, United States Code, who are employed
in the Aircraft Certification Service or Flight
Standards Service of the Administration (or, if unable
to reach an agreement collaboratively, the
Administrator shall negotiate with the representatives
in accordance with section 40122(a) of title 49, United
States Code, regarding the development of the program).
(5) Full and collaborative participation in the
program by the bargaining representatives of employees
described in paragraph (4).
(6) The Administrator thoroughly reviews safety
reports to determine whether there is a safety issue,
including a hazard, defect, noncompliance,
nonconformance, or process error.
(7) The Administrator thoroughly reviews safety
reports to determine whether any aircraft certification
process contributed to the safety concern being raised.
(8) The creation of a corrective action process in
order to address safety issues that are identified
through the program.
(c) Outcomes.--Results of safety report reviews under this
section may be used to--
(1) improve--
(A) safety systems, hazard control, and risk
reduction;
(B) certification systems;
(C) FAA oversight;
(D) compliance and conformance; and
(E) any other matter determined necessary by
the Administrator; and
(2) implement lessons learned.
(d) Report Filing.--The Administrator shall establish
requirements for when in the certification process reports may
be filed to--
(1) ensure that identified issues can be addressed in
a timely manner; and
(2) foster open dialogue between applicants and FAA
employees throughout the certification process.
(e) Integration With Other Safety Reporting Programs.--The
Administrator shall implement the safety reporting program
established under subsection (a) and the reporting requirements
established pursuant to subsection (d) in a manner that is
consistent with other voluntary safety reporting programs
administered by the Administrator.
(f) Report to Congress.--Not later than 2 years after the
date of enactment of this title, and annually thereafter
through fiscal year [2023] 2028, the Administrator shall submit
to the congressional committees of jurisdiction a report on the
effectiveness of the safety reporting program established under
subsection (a).
* * * * * * *
SEC. 117. CHANGED PRODUCT RULE.
(a) Review and Reevaluation of Amended Type Certificates.--
(1) International leadership.--The Administrator
shall exercise leadership in the creation of
international policies and standards relating to the
issuance of amended type certificates within the
Certification Management Team.
(2) Reevaluation of amended type certificates.--In
carrying out this subsection, the Administrator shall--
(A) encourage Certification Management Team
members to examine and address any relevant
covered recommendations (as defined in section
121(c)) relating to the issuance of amended
type certificates;
(B) reevaluate existing assumptions and
practices inherent in the amended type
certificate process and assess whether such
assumptions and practices are valid; and
(C) ensure, to the greatest extent
practicable, that Federal regulations relating
to the issuance of amended type certificates
are harmonized with the regulations of other
international states of design.
(b) Amended Type Certificate Report and Rulemaking.--
(1) Briefings.--Not later than 12 months after the
date of enactment of this title, and annually
thereafter through fiscal year [2023] 2028, the
Administrator shall brief the congressional committees
of jurisdiction on the work and status of the
development of such recommendations by the
Certification Management Team.
(2) Initiation of action.--Not later than 2 years
after the date of enactment of this title, the
Administrator shall take action to revise and improve
the process of issuing amended type certificates in
accordance with this section. Such action shall
include, at minimum--
(A) initiation of a rulemaking proceeding;
and
(B) development or revision of guidance and
training materials.
(3) Contents.--In taking actions required under
paragraph (2), the Administrator shall do the
following:
(A) Ensure that proposed changes to an
aircraft are evaluated from an integrated whole
aircraft system perspective that examines the
integration of proposed changes with existing
systems and associated impacts.
(B) Define key terms used for the changed
product process under sections 21.19 and 21.101
of title 14, Code of Federal Regulations.
(C) Consider--
(i) the findings and work of the
Certification Management Team and other
similar international harmonization
efforts;
(ii) any relevant covered
recommendations (as defined in section
121(c)); and
(iii) whether a fixed time beyond
which a type certificate may not be
amended would improve aviation safety.
(D) Establish the extent to which the
following design characteristics should
preclude the issuance of an amended type
certificate:
(i) A new or revised flight control
system.
(ii) Any substantial changes to
aerodynamic stability resulting from a
physical change that may require a new
or modified software system or control
law in order to produce positive and
acceptable stability and handling
qualities.
(iii) A flight control system or
augmented software to maintain
aerodynamic stability in any portion of
the flight envelope that was not
required for a previously certified
derivative.
(iv) A change in structural
components (other than a stretch or
shrink of the fuselage) that results in
a change in structural load paths or
the magnitude of structural loads
attributed to flight maneuvers or cabin
pressurization.
(v) A novel or unusual system,
component, or other feature whose
failure would present a hazardous or
catastrophic risk.
(E) Develop objective criteria for helping to
determine what constitutes a substantial change
and a significant change.
(F) Implement mandatory aircraft-level
reviews throughout the certification process to
validate the certification basis and
assumptions.
(G) Require maintenance of relevant records
of agreements between the FAA and an applicant
that affect certification documentation and
deliverables.
(H) Ensure appropriate documentation of any
exception or exemption from airworthiness
requirements codified in title 14 of the Code
of Federal Regulations, as in effect on the
date of application for the change.
(4) Guidance materials.--The Administrator shall
consider the following when developing orders and
regulatory guidance, including advisory circulars,
where appropriate:
(A) Early FAA involvement and feedback paths
in the aircraft certification process to ensure
the FAA is aware of changes to design
assumptions and product design impacting a
changed product assessment.
(B) Presentation to the FAA of new
technology, novel design, or safety critical
features or systems, initially and throughout
the certification process, when development and
certification prompt design or compliance
method revision.
(C) Examples of key terms used for the
changed product process under sections 21.19
and 21.101 of title 14, Code of Federal
Regulations.
(D) Type certificate data sheet improvements
to accurately state which regulations and
amendment level the aircraft complies to and
when compliance is limited to a subset of the
aircraft.
(E) Policies to guide applicants on proper
visibility, clarity, and consistency of key
design and compliance information that is
submitted for certification, particularly with
new design features.
(F) The creation, validation, and
implementation of analytical tools appropriate
for the analysis of complex system for the FAA
and applicants.
(G) Early coordination processes with the FAA
for the functional hazard assessments
validation and preliminary system safety
assessments review.
(5) Training materials.--The Administrator shall--
(A) develop training materials for
establishing the certification basis for
changed aeronautical products pursuant to
section 21.101 of title 14, Code of Federal
Regulations, applications for a new type
certificate pursuant to section 21.19 of such
title, and the regulatory guidance developed as
a result of the rulemaking conducted pursuant
to paragraph (2); and
(B) procedures for disseminating such
materials to implementing personnel of the FAA,
designees, and applicants.
(6) Certification management team defined.--In this
section, the term ``Certification Management Team''
means the team framework under which the FAA, the
European Aviation Safety Agency, the Transport Canada
Civil Aviation, and the National Civil Aviation Agency
of Brazil, manage the technical, policy, certification,
manufacturing, export, and continued airworthiness
issues common among the 4 authorities.
(7) Deadline.--The Administrator shall finalize the
actions initiated under paragraph (2) not later than 3
years after the date of enactment of this title.
(c) International Leadership.--The Administrator shall
exercise leadership within the ICAO and among other civil
aviation regulators representing states of aircraft design to
advocate for the adoption of an amended changed product rule on
a global basis, consistent with ICAO standards.
* * * * * * *
SEC. 122. OVERSIGHT OF FAA COMPLIANCE PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Administrator shall establish an
Executive Council within the Administration to oversee the use
and effectiveness across program offices of the
Administration's Compliance Program, described in Order
8000.373A dated October 31, 2018.
(b) Compliance Program Oversight.--The Executive Council
established under this section shall--
(1) monitor, collect, and analyze data on the use of
the Compliance Program across program offices of the
Administration, including data on enforcement actions
and compliance actions pursued against regulated
entities by such program offices;
[(2) conduct an evaluation of the Compliance Program,
not less frequently than annually each calendar year
through 2023, to assess the functioning and
effectiveness of such program in meeting the stated
goals and purpose of the program;]
(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;
(3) provide reports to the Administrator containing
the results of any evaluation conducted under paragraph
(2), including identifying in such report any
nonconformities or deficiencies in the implementation
of the program and compliance of regulated entities
with safety standards of the Administration;
(4) make recommendations to the Administrator on
regulations, guidance, performance standards or
metrics, or other controls that should be issued by the
Administrator to improve the effectiveness of the
Compliance Program in meeting the stated goals and
purpose of the program and to ensure the highest levels
of aviation safety; and
(5) carry out any other oversight duties with respect
to implementation of the Compliance Program and
assigned by the Administrator.
(c) Executive Council.--
(1) Executive council membership.--The Executive
Council shall be comprised of representatives from each
program office with regulatory responsibility as
provided in Order 8000.373A.
(2) Chairperson.--The Executive Council shall be
chaired by a person, who shall be appointed by the
Administrator and shall report directly to the
Administrator.
(3) Independence.--The Secretary of Transportation,
the Administrator, or any officer or employee of the
Administration may not prevent or prohibit the chair of
the Executive Council from performing the activities
described in this section or from reporting to Congress
on such activities.
(4) Duration.--The Executive Council shall terminate
on October 1, [2023] 2028.
(d) Annual Briefing.--Each calendar year through [2023] 2028,
the chair of the Executive Council shall provide a briefing to
the congressional committees of jurisdiction on the
effectiveness of the Administration's Compliance Program in
meeting the stated goals and purpose of the program and the
activities of the office described in subsection (b), including
any reports and recommendations made by the office during the
preceding calendar year.
* * * * * * *
SEC. 131. NATIONAL AIR GRANT FELLOWSHIP PROGRAM.
(a) Program.--
(1) Program maintenance.--The Administrator shall
maintain within the FAA a program to be known as the
``National Air Grant Fellowship Program''.
(2) Program elements.--The National Air Grant
Fellowship Program shall provide support for the
fellowship program under subsection (b).
(3) Responsibilities of administrator.--
(A) Guidelines.--The Administrator shall
establish guidelines related to the activities
and responsibilities of air grant fellowships
under subsection (b).
(B) Qualifications.--The Administrator shall
by regulation prescribe the qualifications
required for designation of air grant
fellowships under subsection (b).
(C) Authority.--In order to carry out the
provisions of this section, the Administrator
may--
(i) appoint, assign the duties,
transfer, and fix the compensation of
such personnel as may be necessary, in
accordance with civil service laws;
(ii) make appointments with respect
to temporary and intermittent services
to the extent authorized by section
3109 of title 5, United States Code;
(iii) enter into contracts,
cooperative agreements, and other
transactions without regard to section
6101 of title 41, United States Code;
(iv) notwithstanding section 1342 of
title 31, United States Code, accept
donations and voluntary and
uncompensated services;
(v) accept funds from other Federal
departments and agencies, including
agencies within the FAA, to pay for and
add to activities authorized by this
section; and
(vi) promulgate such rules and
regulations as may be necessary and
appropriate.
(4) Director of national air grant fellowship
program.--
(A) In general.--The Administrator shall
appoint, as the Director of the National Air
Grant Fellowship Program, a qualified
individual who has appropriate administrative
experience and knowledge or expertise in fields
related to aerospace. The Director shall be
appointed and compensated, without regard to
the provisions of title 5 governing
appointments in the competitive service, at a
rate payable under section 5376 of title 5,
United States Code.
(B) Duties.--Subject to the supervision of
the Administrator, the Director shall
administer the National Air Grant Fellowship
Program. In addition to any other duty
prescribed by law or assigned by the
Administrator, the Director shall--
(i) cooperate with institutions of
higher education that offer degrees in
fields related to aerospace;
(ii) encourage the participation of
graduate and post-graduate students in
the National Air Grant Fellowship
Program; and
(iii) cooperate and coordinate with
other Federal activities in fields
related to aerospace.
(b) Fellowships.--
(1) In general.--The Administrator shall support a
program of fellowships for qualified individuals at the
graduate and post-graduate level. The fellowships shall
be in fields related to aerospace and awarded pursuant
to guidelines established by the Administrator. The
Administrator shall strive to ensure equal access for
minority and economically disadvantaged students to the
program carried out under this paragraph.
(2) Aerospace policy fellowship.--
(A) In general.--The Administrator shall
award aerospace policy fellowships to support
the placement of individuals at the graduate
level of education in fields related to
aerospace in positions with--
(i) the executive branch of the
United States Government; and
(ii) the legislative branch of the
United States Government.
(B) Placement priorities for legislative
fellowships.--
(i) In general.--In considering the
placement of individuals receiving a
fellowship for a legislative branch
position under subparagraph (A)(ii),
the Administrator shall give priority
to placement of such individuals in the
following:
(I) Positions in offices of,
or with Members on, committees
of Congress that have
jurisdiction over the FAA.
(II) Positions in offices of
Members of Congress that have a
demonstrated interest in
aerospace policy.
(ii) Equitable distribution.--In
placing fellows in positions described
under clause (i), the Administrator
shall ensure that placements are
equally distributed among the political
parties.
(C) Duration.--A fellowship awarded under
this paragraph shall be for a period of not
more than 1 year.
(3) Restriction on use of funds.--Amounts available
for fellowships under this subsection, including
amounts accepted under subsection (a)(3)(C)(v) or
appropriated under subsection (d) to carry out this
subsection, shall be used only for award of such
fellowships and administrative costs of implementing
this subsection.
(c) Interagency Cooperation.--Each department, agency, or
other instrumentality of the Federal Government that is engaged
in or concerned with, or that has authority over, matters
relating to aerospace--
(1) may, upon a written request from the
Administrator, make available, on a reimbursable basis
or otherwise, any personnel (with their consent and
without prejudice to their position and rating),
service, or facility that the Administrator deems
necessary to carry out any provision of this section;
(2) shall, upon a written request from the
Administrator, furnish any available data or other
information that the Administrator deems necessary to
carry out any provision of this section; and
(3) shall cooperate with the FAA and duly authorized
officials thereof.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator $15,000,000 for each of
[fiscal years 2021 through 2025] fiscal years 2023 through 2028
to carry out this section. Amounts appropriated under the
preceding sentence shall remain available until expended.
(e) Definitions.--In this section:
(1) Director.--The term ``Director'' means the
Director of the National Air Grant Fellowship Program,
appointed pursuant to subsection (a)(4).
(2) Fields related to aerospace.--The term ``fields
related to aerospace'' means any discipline or field
that is concerned with, or likely to improve, the
development, assessment, operation, safety, or repair
of aircraft and other airborne objects and systems,
including the following:
(A) Aerospace engineering.
(B) Aerospace physiology.
(C) Aeronautical engineering.
(D) Airworthiness engineering.
(E) Electrical engineering.
(F) Human factors.
(G) Software engineering.
(H) Systems engineering.
* * * * * * *
----------
ADVANCED AIR MOBILITY COORDINATION AND LEADERSHIP ACT
* * * * * * *
SEC. 2. ADVANCED AIR MOBILITY WORKING GROUP.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish an advanced air mobility interagency working group
(in this section referred to as the ``working group'').
(b) Purpose.--Advanced Air Mobility represents a key area of
sustainable transportation and economic growth for the United
States and it is imperative that the Federal Government foster
leadership and interagency collaboration in the adoption and
deployment of this technology. The purpose of the working group
established under this section shall be to plan for and
coordinate efforts related to safety, operations,
infrastructure, physical security and cybersecurity, and
Federal investment necessary for maturation of the AAM
ecosystem in the United States[, particularly passenger-
carrying aircraft,] in order to--
(1) grow new transportation options;
(2) amplify economic activity and jobs;
(3) advance environmental sustainability and new
technologies; and
(4) support emergency preparedness and
competitiveness.
(c) Membership.--Not later than 60 days after the
establishment of the working group under subsection (a), the
Secretary of Transportation shall--
(1) appoint the Under Secretary of Transportation for
Policy to chair the working group;
(2) designate not less than 1 additional
representative to participate on the working group from
each of--
(A) the Department of Transportation; and
(B) the Federal Aviation Administration; and
(3) invite the heads of each of the following
departments or agencies to designate not less than 1
representative to participate on the working group,
including--
(A) the National Aeronautics and Space
Administration;
(B) the Department of Commerce;
(C) the Department of Defense;
(D) the Department of Energy;
(E) the Department of Homeland Security;
(F) the Department of Agriculture;
(G) the Department of Labor;
(H) the Federal Communications Commission;
and
(I) such other departments or agencies as the
Secretary of Transportation determines
appropriate.
(d) Coordination.--
(1) In general.--The working group shall engage with
State, local, and Tribal governments, aviation industry
and labor stakeholders, stakeholder associations, and
others determined appropriate by the Secretary of
Transportation and the Administrator of the Federal
Aviation Administration, including--
(A) manufacturers of aircraft, avionics,
propulsion systems, structures, and air traffic
management systems;
(B) commercial air carriers, commercial
operators, unmanned aircraft system operators,
and general aviation operators, including
helicopter operators;
(C) intended operators of AAM aircraft;
[(D) airports, heliports, fixed-base
operators;]
(D) operators of airports, heliports, and
vertiports, and fixed-base operators;
(E) certified labor representatives for
pilots associations, air traffic control
specialists employed by the Federal Aviation
Administration, aircraft mechanics, and
aviation safety inspectors;
(F) State, local, and Tribal officials or
public agencies, with representation from both
urban and rural areas;
(G) first responders;
(H) groups representing environmental
interests;
(I) electric utilities, energy providers and
energy market operators;
(J) academia with experience working with
industry on new technology and
commercialization;
(K) groups representing the
telecommunications industry; and
(L) aviation training and maintenance
providers.
(2) Advisory committees.--The Secretary of
Transportation and Administrator of the Federal
Aviation Administration may use such Federal advisory
committees as may be appropriate to coordinate with the
entities listed in paragraph (1).
(e) Review and Examination.--Not later than [1 year] 18
months after the working group is established under subsection
(a), the working group shall complete a review and examination
of, at a minimum--
(1) the steps that will mature AAM aircraft
operations, concepts, and regulatory frameworks beyond
initial operations;
(2) the air traffic management and safety concepts
that might be considered as part of evolving AAM to
higher levels of traffic density;
(3) current Federal programs and policies that could
be leveraged to advance the maturation of the AAM
industry or that may impede maturation;
(4) infrastructure, including aviation,
cybersecurity, telecommunication, multimodal, and
utility infrastructure, necessary to accommodate and
support expanded operations of AAM after initial
implementation;
(5) steps needed to ensure a robust and secure
domestic supply chain;
(6) anticipated benefits associated with AAM aircraft
operations, including economic, environmental,
emergency and natural disaster response, and
transportation benefits;
(7) the interests, roles, and responsibilities of
Federal, State, local, and Tribal governments affected
by AAM aircraft operations; [and]
(8) other factors that may limit the full potential
of the AAM industry, including community acceptance or
restrictions of such operations[.]; and
(9) processes and programs that can be leveraged to
improve the efficiency of Federal reviews required for
infrastructure development, including for electrical
capacity projects.
(f) AAM National Strategy.--Based on the review and
examination performed under subsection (e), the working group
shall develop an AAM National Strategy that includes--
(1) recommendations regarding the safety, operations,
security, infrastructure, air traffic concepts, and
other Federal investment or actions [necessary to
support the evolution of early] that would allow for--
(A) the timely entry into service of AAM
after aircraft and operator certification; and
(B) the evolution of early AAM to higher
levels of activity and societal benefit; and
(2) a comprehensive plan detailing the roles and
responsibilities of each Federal department and agency,
and of State, local, and Tribal governments, necessary
to facilitate or implement the recommendations
developed under paragraph (1).
(g) Report.--Not later than 180 days after the completion of
the review and examination performed under subsection (e), the
[working group] Secretary of Transportation shall submit to the
appropriate committees of Congress a report--
(1) detailing findings from the review and
examination performed under subsection (e); [and]
(2) summarizing any dissenting views and opinions of
a participant of the working group described in
subsection (c)(3); and
[(2)] (3) providing the AAM National Strategy,
including the plan and associated recommendations
developed under subsection (f).
(h) Evaluation of Termination of Working Group.--Not later
than 30 days after the date on which the working group submits
the report required under subsection (g), the Secretary of
Transportation shall evaluate and decide whether to terminate
the working group and shall notify the appropriate committees
of Congress of such decision.
(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.
[(i)] (j) Definitions.--For purposes of this section and
section 3:
(1) Advanced air mobility; aam.--The terms ``advanced
air mobility'' and ``AAM'' mean a transportation system
[that transports people and property by air between two
points in the United States using aircraft with
advanced technologies, including electric aircraft or
electric vertical take-off and landing aircraft,]
comprised of urban air mobility and regional air
mobility using manned or unmanned aircraft in both
controlled and uncontrolled airspace.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(3) Electric aircraft.--The term ``electric
aircraft'' means an aircraft with a fully electric or
hybrid (fuel and electric) driven propulsion system
used for flight.
(4) Fixed-base operator.--The term ``fixed-base
operator'' means a business granted the right by an
airport sponsor or heliport sponsor to operate on an
airport or heliport and provide aeronautical services,
including fueling and charging, aircraft hangaring,
tiedown and parking, aircraft rental, aircraft
maintenance, and flight instruction.
(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.
[(5)] (7) State.--The term ``State'' has the meaning
given such term in section 47102 of title 49, United
States Code.
(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.
[(6)] (9) Vertical take-off and landing.--The term
``vertical take-off and landing'' means an aircraft
with lift/thrust units used to generate powered lift
and control and with two or more lift/thrust units used
to provide lift during vertical take-off or landing.
(10) Vertiport.--The term ``vertiport'' has the
meaning given such term in section 47102 of title 49,
United States Code.
* * * * * * *
----------
SECTION 101 OF DIVISION Q OF THE CONSOLIDATED APPROPRIATIONS ACT, 2023
SEC. 101. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish a
pilot program to provide grants that assist an eligible entity
to plan for the development and deployment of infrastructure
necessary to facilitate AAM operations, locally and regionally,
within the United States.
(b) Planning grants.--
(1) In general.--The Secretary shall provide grants
to eligible entities to develop comprehensive plans
under paragraph (2) related to AAM infrastructure.
(2) Comprehensive plan.--
(A) In general.--Not later than 1 year after
receiving a grant under this subsection, an
eligible entity shall submit to the Secretary a
comprehensive plan, including the development
of potential public use or private-owned
vertiport infrastructure, as well as the use of
existing airport and heliport infrastructure
that may require modifications to safely
accommodate AAM operations,, in a format
capable of being published on the website of
the Department of Transportation.
(B) Plan contents.--The Secretary shall
establish content requirements for
comprehensive plans submitted under this
subsection, which shall include as many of the
following as possible:
(i) The identification of planned or
potential public use and private-owned
vertiport locations.
(ii) A description of infrastructure
necessary to support AAM operations.
(iii) A description of types of
planned or potential AAM operations and
a forecast for proposed [vertiport]
locations for operations, including
estimates for initial operations and
future growth.
(iv) The identification of physical
and digital infrastructure required to
meet any standards and guidance for
vertiport design and performance
characteristics established by the
Federal Aviation Administration (as in
effect on the date on which the
Secretary issues a grant to an eligible
entity), including modifications to
existing infrastructure and ground
sensors, electric charging or other
fueling requirements, electric utility
requirements, wireless and
cybersecurity requirements, fire
safety, perimeter security, and other
necessary hardware or software.
(v) A description of any hazard
associated with planned or potential
[vertiport infrastructure] urban air
mobility and regional air mobility
operations, such as handling of
hazardous materials, batteries, or
other fuel cells, charging or fueling
of aircraft, aircraft rescue and
firefighting response, and emergency
planning.
(vi) A description of potential
environmental effects of planned or
potential construction or siting of
vertiports, including efforts to reduce
potential aviation noise.
(vii) A description of how planned or
potential vertiport locations,
including new or repurposed
infrastructure, fit into State and
local transportation systems and
networks, including--
(I) connectivity to existing
public transportation hubs and
intermodal and multimodal
facilities for AAM operations;
(II) opportunities to create
new service to rural areas and
areas underserved by air
transportation; or
(III) any potential conflict
with existing aviation
infrastructure that may arise
from the planned or potential
location of the vertiport.
(viii) A description of how vertiport
planning will be incorporated in State
or metropolitan planning documents.
(ix) The identification of the
process an eligible entity will
undertake to ensure an adequate level
of engagement with any potentially
impacted community for each planned or
potential vertiport location and
planned or potential AAM operations,
such as engagement with communities in
rural areas, underserved communities,
Tribal communities, individuals with
disabilities, or racial and ethnic
minorities to address equity of access.
(x) The identification of State,
local, or private sources of funding an
eligible entity may use to assist with
the construction or operation of a
vertiport or the modification of
existing aviation infrastructure.
(xi) The identification of existing
Federal aeronautical and airspace
requirements that must be met for the
eligible entity's planned or potential
vertiport location.
(xii) The identification of the
actions necessary for an eligible
entity to undertake the construction of
a vertiport, such as planning studies
to assess existing infrastructure,
environmental studies, studies of
projected economic benefit to the
community, lease or acquisition of an
easement or land for new
infrastructure, and activities related
to other capital costs.
(3) Application.--To apply for a grant under this
subsection, an eligible entity shall provide to the
Secretary an application in such form, at such time,
and containing such information as the Secretary may
require.
(4) Selection.--
(A) In general.--In awarding grants under
this subsection, the Secretary shall consider
the following:
(i) Geographic diversity.
(ii) Diversity of the proposed models
of infrastructure financing and
management.
(iii) Diversity of proposed or
planned AAM operations.
(iv) The need for comprehensive plans
that--
(I) ensure the safe and
efficient integration of AAM
operations into the National
Airspace System;
(II) improve transportation
safety, connectivity, access,
and equity in both rural and
urban regions in the United
States;
(III) leverage existing
public transportation systems
and intermodal and multimodal
facilities;
(IV) reduce surface
congestion and the
environmental impacts of
transportation;
(V) grow the economy and
create jobs in the United
States; and
(VI) encourage community
engagement when planning for
AAM-related infrastructure.
(B) Priority.--The Secretary shall prioritize
awarding grants under this subsection to
eligible entities that collaborate with
commercial AAM entities, institutions of higher
education, research institutions, or other
relevant stakeholders to develop and prepare a
comprehensive plan.
(C) Minimum allocation to rural areas.--The
Secretary shall ensure that not less than 20
percent of the amounts made available under
subsection (c) are used to award grants to
eligible entities that submit a comprehensive
plan under paragraph (2) that is related to
infrastructure located in a rural area.
(5) Grant amount.--Each grant made under this
subsection shall be made in an amount that is not more
than $1,000,000.
(6) Briefing.--
(A) In general.--Not later than 180 days
after the first comprehensive plan is submitted
under paragraph (2), and every 180 days
thereafter through September 30, 2025, the
Secretary shall provide a briefing to the
appropriate committees of Congress on the
comprehensive plans submitted to the Secretary
under such paragraph.
(B) Contents.--The briefing required under
subparagraph (A) shall include--
(i) an evaluation of all planned or
potential vertiport locations included
in the comprehensive plans submitted
under paragraph (2) and how such
planned or potential vertiport
locations may fit into the overall
United States transportation system and
network; [and]
(ii) a description of lessons or best
practices learned through the review of
comprehensive plans and how the
Secretary will incorporate any such
lessons or best practices into Federal
standards or guidance for the design
and operation of AAM infrastructure and
facilities[.]; and
(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.
(c) Authorization of appropriations.--
(1) Authorization.--There are authorized to be
appropriated to the Secretary to carry out this section
$12,500,000 for each of fiscal [years 2023 and 2024]
years 2023 through 2026, to remain available until
expended out of funds made available under section
106(k) of title 49, United States Code.
(2) Administrative expenses.--Of the amounts made
available under paragraph (1), the Secretary may retain
up to 1 percent for personnel, contracting, and other
costs to establish and administer the pilot program
under this section.
(d) Termination.--
(1) In general.--No grant may be awarded under this
section after September 30, [2024] 2026.
(2) Continued funding.--Funds authorized to be
appropriated pursuant to subsection (c) may be expended
after September 30, [2024] 2026--
(A) for grants awarded prior to September 30,
[2024] 2026; and
(B) for administrative expenses.
(e) Definitions.--In this section:
[(1) Advanced air mobility; AAM.--The terms
``advanced air mobility'' and ``AAM'' have the meaning
given such terms in section 2(i) of the Advanced Air
Mobility Coordination and Leadership Act (49 U.S.C.
40101 note).]
(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).
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(3) Commercial AAM entities.--The term ``commercial
AAM entities'' means--
(A) manufacturers of aircraft, avionics,
propulsion systems, and air traffic management
systems related to AAM;
(B) intended commercial operators of AAM
aircraft and systems; and
(C) intended commercial operators and
developers of vertiports.
(4) Eligible entity.--The term ``eligible entity''
means--
(A) a State, local, or Tribal government,
including a political subdivision thereof;
(B) an airport sponsor;
(C) a transit agency;
(D) a port authority;
(E) a metropolitan planning organization; or
(F) any combination or consortium of the
entities described in subparagraphs (A) through
(E).
(5) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning
given such term in section 5303(b) of title 49, United
States Code.
(6) Rural area.--The term ``rural area'' means an
area located outside a metropolitan statistical area
(as designated by the Office of Management and Budget).
(7) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(8) State.--The term ``State'' means a State of the
United States, the District of Columbia, Puerto Rico,
the Virgin Islands, American Samoa, the Northern
Mariana Islands, and Guam.
[(9) Vertiport.--The term ``vertiport'' means a
designated location used or intended to be used to
support AAM operations, including the landing, take-
off, loading, taxiing, parking, and storage of aircraft
developed for AAM operations.
[(10) Vertical take-off and landing aircraft.--The
term ``vertical take-off and landing aircraft'' has the
meaning given such term in section 2(i) of the Advanced
Air Mobility Coordination and Leadership Act (49 U.S.C.
40101 note).]
(f) Rule of construction.--Nothing in this section may be
construed as conferring upon any person, State, local, or
Tribal government the authority to determine the safety of any
AAM operation or the feasibility of simultaneous operations by
AAM and conventional aircraft within any given area of the
national airspace system.
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SECTION 352 OF THE CONSOLIDATED APPROPRIATIONS RESOLUTION, 2003
Sec. 352. FAA Notice to Airmen FDC 2/0199. (a) In General.--
The Secretary of Transportation--
(1) shall maintain in full force and effect, for a
period of 1 year after the date of enactment of this
Act, the restrictions imposed under Federal Aviation
Administration Notice to Airmen FDC 2/0199 and the
restrictions that had been in effect on September 26,
2002 and that were imposed under local Notices to
Airmen based on or derived from Notice to Airmen FDC 1/
3353;
(2) shall rescind immediately any waivers or
exemptions from those restrictions that are in effect
on the date of enactment of this Act; and
(3) may not grant any waivers or exemptions from
those restrictions, except--
(A) as authorized by air traffic control for
operational or safety purposes;
(B) for operational purposes of an event,
stadium, or other venue, including (in the case
of a sporting event) equipment or parts,
transport of team members, officials of the
governing body and immediate family members and
guests (or attendees approved by) of such teams
and officials to and from the event, stadium,
or other venue;
(C) for broadcast coverage for any broadcast
rights holder;
(D) for safety and security purposes of the
event, stadium, or other venue; or
(E) to operate an aircraft in restricted
airspace to the extent necessary to arrive at
or depart from an airport using standard air
traffic procedures.
(b) Waivers.--Beginning no earlier than 1 year after the date
of enactment of this Act, the Secretary may modify or terminate
such restrictions, or issue waivers or exemptions from such
restrictions, if the Secretary promulgates, after public notice
and an opportunity for comment, a rule setting forth the
standards under which the Secretary may grant a waiver or
exemption. Such standards shall provide a level of security at
least equivalent to that provided by the waiver policy applied
by the Secretary as of the date of enactment of this Act.
(c) Funding Limitation.--Unless and until the Secretary
promulgates a rule in accordance with subsection (b) above,
none of the funds made available in this Act or any other Act
may be used to terminate or limit the restrictions described in
paragraph (a)(1) above or to grant waivers of, or exemptions
from, such restrictions except as provided in paragraph (a)(3)
above.
(d) Broadcast Contracts Not Affected.--Nothing in this
section shall be construed to affect contractual rights
pertaining to any broadcasting agreement.
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DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT,
1997
TITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
DEPARTMENT OF TRANSPORTATION
* * * * * * *
FEDERAL AVIATION ADMINISTRATION
* * * * * * *
Administrative Services Franchise Fund
There is hereby established in the Treasury a fund, to be
available without fiscal year limitation, for the costs of
capitalizing and operating such administrative services as the
FAA Administrator determines may be performed more
advantageously as centralized services, including accounting,
international training, payroll, travel, duplicating,
multimedia and information technology services: Provided, That
any inventories, equipment, and other assets pertaining to the
services to be provided by such fund, either on hand or on
order, less the related liabilities or unpaid obligations, and
any appropriations made prior to the current year for the
purpose of providing capital shall be used to capitalize such
fund: Provided further, That such fund [shall be paid in
advance] may be reimbursed after performance or paid in advance
from funds available to the FAA and other Federal agencies for
which such centralized services are performed, at rates which
will return in full all expenses of operation, including
accrued leave, depreciation of fund plant and equipment,
amortization of Automated Data Processing (ADP) software and
systems (either required or donated), and an amount necessary
to maintain a reasonable operating reserve, as determined by
the FAA Administrator: Provided further, That such fund shall
provide services on a competitive basis: Provided further, That
an amount not to exceed four percent of the total annual income
to such fund may be retained in the fund for fiscal year 1997
and each year thereafter, to remain available until expended,
to be used for the acquisition of capital equipment and for the
improvement and implementation of FAA financial management,
ADP, and support systems: Provided further, That no later than
thirty days after the end of each fiscal year, amounts in
excess of this reserve limitation shall be transferred to
miscellaneous receipts in the Treasury.
* * * * * * *
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NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS ACT OF 2000
* * * * * * *
[SEC. 9. TRAVEL BUDGETS.
[The Chairman of the National Transportation Safety Board
shall establish annual fiscal year budgets for non-accident-
related travel expenditures for Board members which shall be
approved by the Board and submitted to the Senate Committee on
Commerce, Science, and Transportation and to the House of
Representatives Committee on Transportation and Infrastructure
together with an annual report detailing the non-accident-
related travel of each Board member. The report shall include
separate accounting for foreign and domestic travel, including
any personnel or other expenses associated with that travel.]
* * * * * * *
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