To amend title 49, United States Code, to reauthorize and improve the Federal Aviation Administration and other civil aviation programs, and for other purposes.
FAA Reauthorization Act of 2024
This act reauthorizes through FY2028 and revises Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) programs and activities.
TITLE I--AUTHORIZATIONS
(Sec. 101) This section reauthorizes through FY2028 the FAA's airport planning and development and airport noise compatibility planning and programs.
(Sec. 102) This section reauthorizes through FY2028 the FAA's facilities and equipment.
(Sec. 103) This section reauthorizes through FY2028 the FAA's operations.
(Sec. 104) This section reauthorizes through FY2028 (1) an extension of the non-premium war risk insurance program; (2) Marshall Islands, Micronesia, and Palau discretionary funds; (3) aviation weather reporting programs; (4) Midway Island Airport funding; and (5) the Safety Oversight and Certification Advisory Committee.
TITLE II--FAA OVERSIGHT AND ORGANIZATIONAL REFORM
(Sec. 201) This section establishes the leadership structure of the FAA, which includes the Administrator and the Deputy Administrator.
(Sec. 202) This section establishes a new FAA Assistant Administrator for Rulemaking and Regulatory Improvement and specifies various duties for the assistant administrator.
(Sec. 203) This section prohibits the FAA Administrator and Deputy Administrator from holding a financial interest (e.g., ownership, equity, or security interest) in an aeronautical enterprise or engaging in another business, vocation, or employment. This section also specifies that the prohibition against holding a financial interest in aeronautical enterprises does not apply to index funds. Further, the Deputy Administrator must receive prior approval from the Administrator to receive compensation for teaching.
(Sec. 204) This section establishes the authorities of the FAA relating to those of the Department of Transportation (DOT). This includes the final authority for carrying out all functions, powers, and duties for the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of FAA property, facilities, services, and equipment, including all elements of FAA-owned air traffic control systems.
This section also specifies the FAA's rulemaking approval procedures.
(Sec. 205) This section directs the FAA to establish a regulatory process review team to develop recommendations to improve the timeliness, performance, and accountability of the development and promulgation of regulatory materials. The review team must submit a report to the FAA, and the FAA must develop an action plan to implement the review team’s recommendations.
Further, the DOT Office of Inspector General (OIG) must review the coordination and approval processes for FAA-produced non-regulatory materials in order to improve the timeliness, transparency, development, and issuance of such materials. The DOT OIG must submit a report to the FAA. The FAA must develop an action plan based on the DOT OIG recommendations. The FAA must also brief Congress on the action plan.
(Sec. 206) This section directs the FAA to operationalize all of the key programs under the NextGen program by December 31, 2025, and sunset the FAA Office of NextGen on that date. Further, management of the NextGen Advisory Committee must be transferred to the Chief Operating Officer of the air traffic control system. (NextGen is a multifaceted program to modernize and improve the efficiency of the national airspace system, primarily by migrating from a system using ground-based navigation infrastructure and radar tracking of flights to satellite-based navigation and aircraft tracking.)
The section also requires the incorporation of any advanced air mobility relevant functions, duties, and responsibilities of the FAA's NAS Systems Engineering and Integration Office into the FAA’s Office of Aviation Safety.
Further, this section expands and renames the William J. Hughes Technical Center for Advanced Aerospace (formerly the William J. Hughes Technical Center) to support the advancement of aerospace safety and innovation.
(Sec. 207) This section directs the FAA to establish an Airspace Modernization Office within the FAA, or task an existing office with the functions of the office, on January 1, 2026. The office’s responsibilities include developing an integrated plan to ensure that the national airspace system meets future safety, security, mobility, efficiency, and capacity needs of a diverse and growing set of airspace users.
The FAA must submit an integrated plan to Congress by May 16, 2027. The FAA must also provide annual briefings to Congress.
Following the submission of the initial integrated plan, the DOT OIG must begin a review of the integrated plan and submit an assessment and recommendations to Congress.
(Sec. 208) This section requires the FAA Deputy Administrator to determine the benefits of a public-facing dashboard that provides certain FAA applicants the ability to track the status of an FAA application (e.g., an airman certificate, pilot certificate, medical certificate, or aircraft registration). The Deputy Administrator must provide the FAA Administrator with a recommendation regarding the need for, or benefits of, a dashboard or other means to track an application status.
Further, the Deputy Administrator must determine whether it would be beneficial to provide a public feedback portal on the FAA website that allows the public to provide feedback to the Administrator about experiences individuals have working with FAA personnel.
(Sec. 210) This section makes a technical correction to a provision regarding the Civil Aeromedical Institute.
(Sec. 211) This section repeals the FAA Air Traffic Services Board.
The section also renames and restructures the Federal Aerospace Management Advisory Council (MAC). The 13-member MAC advises the FAA's senior management on policy, spending, and regulatory matters.
(Sec. 212) This section removes the requirement that the appointment of the Chief Operating Officer (COO) for the air traffic control system be approved by the Air Traffic Services Board. (Sec. 211 repeals the board.) In addition, this section specifies certain responsibilities of the COO, for example the state of good repair for the air traffic control system.
(Sec. 213) This section requires the FAA to annually submit a report to Congress and DOT (within 10 days of the President submitting a budget to Congress) on any unfunded capital investment needs of the air traffic control system.
(Sec. 214) This section specifies the minimum qualifications necessary for the position of FAA Chief Technology Officer (CTO) and applies certain restrictions on postemployment activities (e.g., lobbying) to the CTO.
(Sec. 215) This section includes in the FAA definition of an air traffic control system the 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 FAA approval.
(Sec. 216) This section requires the DOT Office of Inspector General (OIG) to perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investigations. The DOT OIG must perform the peer review every five years and submit a report to Congress. This section also removes the current requirement for annual reporting to Congress on submissions of complaints.
(Sec. 217) This section requires the FAA to designate a Cybersecurity Lead as the lead for FAA cybersecurity systems and hardware. The Cybersecurity Lead must brief Congress on the implementation of specific aviation cybersecurity requirements of this act.
(Sec. 218) This section repeals various requirements for DOT and the FAA to submit reports or provide briefings to Congress and the Administration. This section also repeals various rulemaking requirements.
(Sec. 219) This section authorizes DOT to provide service of notice and process electronically (or by facsimile transmission) to an air carrier or a foreign air carrier in all proceedings before, and actions of, DOT or the FAA. Current law requires service be made by personal service, on a designated agent, or by certified or registered mail.
(Sec. 220) This section requires that the FAA initiate the digitization of at least three FAA certification processes based on the FAA’s identification of processes that require paper-based information exchange between external entities and the FAA (e.g., an aircraft certification, aircraft registration, or airmen certification or authorization, an exemption, or a letter of authorization). The digitization of any process must allow applicants to track the application, including its status, through the review process.
The FAA must brief Congress on the progress of such digitization.
(Sec. 221) This section provides that the FAA may establish telework policies for employees that allow for the FAA to reduce the office footprint and associated FAA expenses, while requiring that the policy meets certain standards. These standards include that the policy
Further, the FAA must provide secure network capacity, communications tools, and secure access to FAA data and equipment to any FAA employee with an established telework policy.
The FAA must provide updates to Congress on the telework policy.
Before updating any telework agreements, the FAA must consult with labor organizations representing air traffic controllers and FAA airway transportation systems specialists, aviation safety inspectors, and engineers.
(Sec. 222) This section directs DOT to complete an inventory review of the FAA's domestic office footprint. For example, the report must include (1) a determination of the space adequacy related to the Americans with Disabilities Act of 1990 and other guidelines, and (2) how telework policies will impact space usage.
DOT must submit a report to Congress which describes opportunities for (1) the consolidation of offices within a reasonable distance from one another, (2) the collocation of regional or satellite offices of separate modes of DOT, and (3) the use of coworking spaces instead of permanent offices.
(Sec. 223) This section provides statutory authority for DOT to prohibit the disclosure of information obtained or developed in the process of ensuring security if DOT 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. (These authorities were repealed as part of the FAA Reauthorization Act of 2018.)
This section is effective as of October 5, 2018. All authority restored to DOT and the FAA under this section shall be treated as if such authority had never been repealed by the FAA Reauthorization Act of 2018.
(Sec. 224) This section directs the FAA to encourage employee participation in recognized industry standards organizations in order to advance the adoption, reference, and acceptance rate of standards and means of compliance developed by such organizations. FAA employees directed to participate in a working group, task group, or committee of an organization must meet certain participation requirements (e.g., actively participate and contribute).
(Sec. 226) This section directs the FAA to designate that any aviation rulemaking committee convened under this act is exempt from Federal Advisory Committee Act requirements.
(Sec. 227) This section allows the FAA administrative services franchise fund to be reimbursed after performance or paid in advance. Prior to this act, all funds had to be paid in advance.
(Sec. 228) This section specifies that, under the FAA's general procurement authority, the FAA must periodically update the acquisition management system. Further, when possible, the FAA must provide consideration for commercial products and services.
(Sec. 229) This section directs the FAA to establish an Advanced Aviation Technology and Innovation Steering Committee to assist the FAA in planning for and integrating advanced aviation technologies. This includes creating a comprehensive strategy and action plan for integrating advanced aviation technologies into the national airspace system and aviation ecosystem.
(Sec. 230) This section requires DOT to identify National Environmental Policy Act of 1969 (NEPA) categorical exclusions under the jurisdiction of DOT, including any operating administration within DOT. (A categorical exclusion is a category of actions that the agency has determined do not have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is normally required.)
The FAA must also review the categorical exclusions applied by other operating administrations identified by DOT and take such action as may be necessary to adopt appropriate new categorical exclusions that meet regulatory requirements for use by the FAA.
(Sec. 231) This section directs the FAA to prioritize the implementation of specific anti-fraud and abuse recommendations in the Government Accountability Office (GAO) report titled Aviation: FAA Needs to Better Prevent, Detect, and Respond to Fraud and Abuse Risks in Aircraft Registration. (This March 25, 2020, GAO report includes 15 recommendations to the FAA, including that the FAA should collect and verify information on aircraft ownership.)
The FAA must submit a report to Congress on the implementation of the recommendations.
TITLE III--AVIATION SAFETY IMPROVEMENTS
Subtitle A--General Provisions
(Sec. 301) This section repeals rulemaking requirements for helicopter and air ambulance operations to allow subsequent actions through other means.
The FAA must brief Congress on how a final rule published on April 26, 2024, on Safety Management Systems, 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.
Further, the FAA must make specific data on helicopter air ambulance operations publicly available and analyze the data to inform efforts to improve the safety of the operations.
(Sec. 302) This section addresses safety standards related to foreign aircraft repair stations, including by requiring that all foreign aircraft repair stations are subject to at least one unannounced safety inspection each year. This section directs the FAA to require minimum qualifications for mechanics and others working on U.S.-registered aircraft at foreign repair stations.
The section prohibits certain agreements, contracts, and application approvals related to maintenance in a country that the FAA's International Aviation Safety Assessment program has classified as Category 2 (i.e., the country does not provide safety oversight in accordance with certain international standards).
Air carriers must also submit annual reports to the FAA concerning heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside of the United States.
Further, the FAA must issue a final rule on drug and alcohol testing and initiate a rulemaking that requires a covered repair station to confirm that certain employees have successfully completed a security threat assessment.
(Sec. 303) This section requires the FAA Organization Designation Authorization (ODA) Office to convene a forum at least every two years to share best practices and foster open and transparent communication. (The ODA Office oversees and ensures consistency of the FAA's oversight program for companies that issue certificates and conduct certain inspections on behalf of the agency.)
(Sec. 304) This section requires the FAA to ensure that each Organization Designation Authorization (ODA) holder has a recurrent training program in effect for all ODA unit members. (ODA holders are authorized to issue certificates and perform other functions on behalf of the FAA.) The program must include the professional obligations and responsibilities for unit members, the ODA holder’s code of ethics, and the procedures for reporting safety concerns.
As part of the recurrent training program, an ODA unit member must complete ethics training required by the ODA holder within 60 business days of being designated as an ODA unit member, and annually thereafter.
The FAA must also review the recurrent training programs to ensure each program covers specific elements (e.g., the ODA holder's code of ethics) and includes training to instill professionalism and clear understanding among ODA unit members about the purpose of and procedures associated with safety management systems. The FAA may require changes to the training program necessary to maintain standards across all ODA holders and unit members.
(Sec. 305) This section specifies that the FAA may not publicly disclose a report, data, or other information submitted to the FAA and related to the development, implementation, or use of an FAA-accepted Safety Management System (SMS). This includes a system required by regulation. (An SMS is a formal, organization-wide approach to safety risk that includes systematic procedures, practices, and policies.)
(Sec. 306) This section extends various reporting requirements and authorities in the Aircraft Certification, Safety, and Accountability Act through FY2028. For example, this section reauthorizes through FY2028 the Samya Rose Stumo National Air Grant Fellowship Program, which provides grants to graduate level students in aerospace- related fields to gain experience in how aviation legislation and policy are developed.
(Sec. 307) This section extends through FY2028 and modifies the authority of the FAA Executive Council to annually evaluate the FAA Compliance Program to assess the functioning and effectiveness of the program. As part of the annual evaluation, the FAA Executive Council must also assess (1) the need for long-term metrics that apply to all program offices, (2) if the program ensures the highest level of compliance with safety standards, (3) if the program has met its stated safety goals and purpose, and (4) FAA employee confidence in the program.
(Sec. 308) This section requires the FAA to consider the scalability of Safety Management System (SMS) requirements when conducting any rulemaking to require an SMS or implementing a regulatory requirement for SMS. (An SMS is a formal, organization-wide approach to safety risk that includes systematic procedures, practices, and policies.)
(Sec. 309) This section directs the FAA to review the FAA final rule on Safety Management Systems (SMSs) issued on April 26, 2024. The FAA must ensure that the SMS final rule applies to specific certificate holders, including commuter and on-demand operations, and commercial air tour operators. If the FAA determines that the final rule does not apply the SMS requirement in this manner, the FAA must issue, as necessary, regulations, guidance, or policy to ensure this application of the SMS requirement.
(Sec. 310) This section directs the FAA to enter into an agreement with a federally funded research and development center to conduct a review and study the type certification program. A report must be submitted to the FAA and Congress that includes
The FAA must also brief Congress on any actions the FAA proposes to take as a result of the report and the FAA’s rationale for not taking action on any specific recommendation.
(Sec. 311) This section directs the FAA to assess 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. In carrying out the assessment, the FAA must consult with aircraft manufacturers and associations, researchers and academics, and pilots who are experts in flight testing. The FAA must brief Congress on the results of the assessment.
Based on the results of the assessment, as appropriate, the FAA must amend regulations and modify any associated advisory circulars, guidance, or policy.
(Sec. 312) This section directs the FAA to publish a notice of proposed rulemaking on transport airplane and propulsion certification modernization. This rulemaking must address Aviation Rulemaking Advisory Committee (ARAC) Regulatory Reform Recommendations, harmonize with European Aviation Safety Agency (EASA) CS-25, and codify commonly used special conditions and exemptions.
(Sec. 313) This section requires the FAA to establish an internal regulatory review team to review and compare domestic and international airworthiness standards and guidance for aircraft engine firewalls. Based on the findings, the FAA must update the Significant Standards List.
(Sec. 314) This section requires the FAA to periodically (1) conduct a review of the risk-based model used by the FAA certification management offices to inform the frequency of aircraft manufacturing or production facility inspections, and (2) update the model to account for risks during periods of increased production.
The FAA must periodically brief Congress on the review and any changes made to the model.
(Sec. 315) This section requires the FAA to enter into an appropriate arrangement with a qualified third-party organization or consortium to evaluate the collection, collation, analysis, and use of aviation data across the FAA. Based on the evaluation, the organization must provide a report to the FAA that includes recommendations to (1) improve data access across FAA offices to support efficient execution of safety analysis, and programs, and (2) improve data storage best practices.
The FAA must review the recommendations, develop an implementation plan for the recommendations, and begin the implementation. The FAA must also submit a report to Congress on the implementation plan.
(Sec. 316) This section requires the GAO to examine how to improve the procurement, functionality, and sustainability of weather reporting systems, including automated weather observing systems, automated surface observing systems, visual weather observing systems, and nonfederal weather reporting systems.
The GAO must submit a report to Congress that includes specific recommendations, including alternative means of compliance for obtaining weather elements at airports.
(Sec. 317) This section directs the GAO to conduct a study and submit a report to Congress on the feasibility and benefits and costs of expanding the FAA Weather Camera Program to U.S. locations that lack weather camera services.
(Sec. 318) This section requires the DOT Office of Inspector General (OIG) to audit the FAA's internal processes and procedures for communication between civil aviation operators and the National Telecommunications and Information Administration (NTIA) regarding proposed spectrum reallocations or auction decisions. In conducting the audit, the DOT OIG must assess best practices and policy recommendations for the FAA to improve internal review processes and external communication.
The DOT OIG must submit a report with recommendations to the FAA and Congress.
(Sec. 319) This section requires the FAA, in coordination with the National Transportation Safety Board, to collect and analyze data related to accidents and incidents that occurred within 30 nautical miles of an airport and that involve aircraft, balloons, and gliders exempt from air traffic control transponder and altitude reporting equipment and use requirements. The review must include data for accidents and incidents since 2006, including the cause of the accident or incident.
The FAA must brief Congress on the results.
(Sec. 320) This section requires the FAA Aviation Rulemaking Advisory Committee (ARAC) to review the recommendations of the ARAC Rotorcraft Occupant Protection Working Group and update the 2018 report on rotorcraft occupant protections. As part of the update, ARAC must review National Transportation Safety Board data on post-crash fires in helicopter accidents and determine whether crash-resistant fuel systems could have prevented fatalities in these accidents.
ARAC must also develop recommendations for the FAA or the helicopter industry to encourage helicopter owners and operators to expedite the installation of crash-resistant fuel systems in all helicopters. This section also establishes FAA implementation requirements for any safety recommendations from the ARAC to the FAA.
Further, the FAA must partner with the U.S. Helicopter Safety Team to facilitate implementation of any recommendations for the helicopter industry.
(Sec. 321) This section requires the FAA to review and implement, as appropriate, the National Transportation Safety Board recommendations from the August 10, 2021, report titled Preventing Turbulence-Related Injuries in Air Carrier Operations Conducted Under Title 14 Code of Federal Regulations Part 121. The FAA must brief Congress regarding any planned actions in response to the report's recommendations.
Further, the FAA must brief Congress every two years on the implementation status of the recommendations in the safety research report. If the FAA decides not to implement a recommendation in the report, the FAA must provide a description of the reason.
(Sec. 322) This section directs DOT to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on radiation exposure of crewmembers onboard various types of aircraft. DOT must submit the study to Congress.
The study must assess
(Sec. 323) This section directs DOT to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a one-year study on the health and safety impacts of unsafe cabin temperature with respect to passengers and crewmembers during each season. In conducting the study, the National Academies must review existing standards on safe air temperatures and humidity levels in enclosed environments. The National Academies must also evaluate the validity of such standards as they relate to aircraft cabin temperatures.
The National Academies must submit a report to DOT on the results, including any recommendations. DOT must submit a report to Congress.
(Sec. 324) This section directs DOT to task the Air Carrier Access Act Advisory Committee to review and make recommendations on regulations related to lithium–ion battery–powered wheelchairs and mobility aids on commercial aircraft to ensure their safe transport in air transportation. The committee must consult with the Pipeline and Hazardous Materials Safety Administration. The committee must consider existing or necessary standards, the availability of necessary containment or storage devices (e.g., fire containment covers or fire–resistant storage containers), and the policies of each air carrier for lithium–ion battery–powered wheelchairs and mobility aids.
The committee must notify DOT about any air carrier that does not have a policy in effect for lithium–ion battery–powered wheelchairs and mobility aids and must notify the air carrier.
DOT must submit a report to Congress that includes any recommendations by the committee and publish the report on the department’s website.
(Sec. 325) This section directs the FAA to review national flight simulator program policies and guidance, including consulting with air carriers, flight schools, training centers, and manufacturers and suppliers of flight simulation training devices. Upon completion of the review, the FAA must update specific policies and guidance.
Further, the GAO must study and submit a report to Congress on the FAA's National Simulator Program (which is part of the Air Transportation Division's Training and Simulation Group).
(Sec. 326) This section directs the FAA to submit a report to Congress detailing the amount of time the application approval process takes for agricultural aircraft operations.
(Sec. 328) This section specifies that the FAA has sole regulatory and oversight jurisdiction over the maintenance and operations of aircraft that are owned by civilian operators and type-certificated in the restricted category.
As background, operation of restricted category aircraft is limited to special purposes identified in the applicable type design. These special-purpose operations include
(Sec. 329) This section directs the FAA to conduct a study and brief Congress on foreign interchange agreements, including methods for updating certain regulations, time limits for agreements, and minimum breaks between agreements. Based on the results of the study, the FAA may update related regulations.
(Sec. 330) This section directs the FAA to convene a task force on human factors in aviation safety. The task force must produce a written report. For example, the report must include
The task force's initial length of existence is two years; the FAA may extend the task force for an additional period of up to two years.
(Sec. 331) This section directs the FAA to update FAA standards to allow for the distribution and use of the Capstone Restricted Routes and Terminal Procedures by Wide Area Augmentation System (WASS) -capable navigation equipment. (WAAS is a navigation system that provides augmentation information to Global Positioning System/WAAS receivers to enhance the accuracy and integrity of position estimates. WASS provides vertically-guided landing approaches in instrument meteorological conditions at all qualified locations throughout the National Airspace system.)
The FAA must ensure the standards provide a means for allowing modifications and continued development of new routes and procedures proposed by air carriers operating such routes.
(Sec. 332) This section requires the FAA and the National Oceanic and Atmospheric Administration to collaborate on collecting the real-time service status of all automated surface observation systems (ASOS) and automated weather observing systems (AWOS). The FAA must make service status information available on a publicly available website.
As background, the ASOS program is a joint effort of the National Weather Service, the FAA, and the Department of Defense. The more than 900 ASOS sites in the United States collect observations on a continual basis, 24 hours a day. AWOS units are operated and controlled by the FAA. The AWOS stations predate ASOS. They generally report at 20-minute intervals and, unlike ASOS, do not report special observations for rapidly changing weather conditions.
(Sec. 333) This section directs the FAA to task the Investigative Technologies Aviation Rulemaking Advisory Committee with reviewing and assessing the need for changes to the safety requirements related to certain flight systems for turbine-powered rotorcraft certificated for six or more passenger seats. The committee must specifically look at flight data recorders, flight data monitoring, and terrain awareness and warning systems for these rotorcraft.
The advisory committee must submit a report to the FAA that includes any recommendations for legislative or regulatory action to improve safety.
The FAA must brief Congress on the report and any plan to implement the report’s recommendations.
(Sec. 334) This section requires the FAA to review the technical standard for the nine levels of a Human Readiness Level scale (ANSI/HFES 400-2021) and their application in systems engineering and human systems integration processes. The FAA must determine whether any materials from the standard should be incorporated or referenced in FAA procedures and guidance material in order to enhance safety in relation to human factors.
(Sec. 335) This section directs the FAA to annually brief Congress on the FAA’s compliance with service difficulty report requirements during the preceding year. Among other things, the briefing must include a general description of the causes of all service difficulty reports and actions taken by, or required by, the FAA to address identified causes of service difficulties.
(Sec. 336) This section requires the FAA to establish a working group, or task an existing one, to review and evaluate all regulations and policies related to check airmen and authorized check airmen for air carrier operations conducted under Part 135 qualification and training requirements.
For purposes of this section, authorized check airman means an individual employed by an air carrier that meets specific qualifications and training requirements and is approved to evaluate and certify the knowledge and skills of pilots employed by the air carrier. In general, Part 135 operators encompass scheduled commuter flight operations using small aircraft, generally having nine or fewer passenger seats, or charter operations in aircraft having 30 or fewer passenger seats.
(Sec. 337) This section eliminates the prohibition against DOT closing or reducing the hours of operation of a Flight Service Station (FSS) unless an automated FSS is provided. (A FSS is an air traffic facility that provide pilot briefings, flight plan processing, en route flight advisories, search and rescue services, and assistance to lost aircraft and aircraft in emergency situations. An FSS also relays air traffic control clearances, processes Notices to Air Missions, and broadcasts aviation weather and aeronautical information.)
(Sec. 338) This section directs the Bureau of Transportation Statistics (BTS), in consultation with DOT and the FAA, to conduct a study to explore the capture, storage, analysis, and feasibility of monitoring ground source data at airports. Among other things, the study must include the technology requirements for monitoring ground movements at airports through sensors, receivers, or other technologies.
Further, the BTS must establish a pilot program at up to six airports to collect data and develop ground-based tarmac delay statistics or other relevant statistics.
The BTS must publish the results of the study and the pilot program on a publicly available website.
(Sec. 339) This section modifies current FAA requirements for rural areas to allow the FAA to permit an air carrier operating pursuant to Part 135 to conduct an approach under instrument flight rules. An air carrier may do this at a destination in a noncontiguous state without a Meteorological Aerodrome Report (METAR) so long as the destination meets certain requirements. Among other things, the destination must have a current area forecast supplemented by noncertified weather observations.
Further, the FAA must develop an application template to enable FAA inspectors to objectively evaluate an application submitted by an air carrier. The FAA must inform rejected applicants of the specific criteria that were the cause for rejection.
(Sec. 340) This section requires the GAO to conduct a study on the FAA’s use of waivers of rights that may arise as a condition for the settlement of any proceedings to amend, modify, suspend, or revoke an airman certificate or to impose a civil penalty on a flight engineer, mechanic, pilot, or repairman.
The GAO must submit a report to Congress that includes recommendations for any legislation and administrative action.
(Sec. 341) This section directs the FAA to enter into an arrangement with a qualified third party to evaluate whether poor air quality inside the passenger terminal at Washington Dulles International Airport in Virginia negatively affects passengers.
(Sec. 342) This section requires the FAA to redesignate the Alaska Aviation Safety Initiative as the Don Young Alaska Aviation Safety Initiative. Under the initiative, the FAA must work cooperatively with aviation stakeholders and other stakeholders to (1) reduce the rate of fatal aircraft accidents in Alaska and other covered locations (i.e., Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands); and (2) eliminate fatal accidents of aircraft operated by an air carrier under Part 135 by January 1, 2033.
The FAA must also ensure, to the greatest extent practicable, the installation and operation of covered automated weather systems at airports in Alaska and other covered airports (i.e., an airport in a covered location that is included in the national plan of integrated airport systems and has a status other than unclassified in the plan). The FAA must identify and implement reasonable alternative actions to improve maintenance of FAA-owned weather observing systems that experience frequent service outages, including associated surface communication outages, at covered airports.
Further, the FAA must deploy visual weather observation systems and develop standard operation specifications for the systems.
The initiative must also continuously assess the weather camera systems in Alaska and covered locations to ensure the operational sufficiency and reliability of the systems.
By December 31, 2030, the FAA must ensure that Automatic Dependent Surveillance-Broadcast (ADS-B) coverage is available at 5,000 feet above ground level throughout Alaska and each covered location.
The FAA must submit an annual report to Congress on the initiative, including an itemized description of how the FAA budget meets the goals of the initiative. Further, the GAO must conduct a study to examine the effectiveness of the initiative and identify challenges within the FAA to accomplishing safety improvements carried out under the initiative. The GAO must submit a report to Congress with the findings of the study and recommendations for legislative or administrative action.
This section prohibits the FAA from restricting funding from being used at an airport in Alaska to rehabilitate, resurface, or reconstruct the full length and width of an existing runway.
This section also allows the FAA to consider local applicants for a safety critical FAA position in the covered locations if the FAA determines there are unique circumstances affecting the ability to fill the position.
Finally, by May 16, 2027, the FAA must implement the National Transportation Safety Board recommendations A–22–25 and A–22–26.
(Sec. 343) This section requires applicants that submit design data to the FAA for a finding of compliance (as part of an application for type certificate) to certify that (1) the data demonstrates compliance with the applicable airworthiness standards, and (2) any airworthiness standards not complied with are compensated for by factors that provide an equivalent level of safety (as agreed upon by the FAA).
The FAA must brief Congress on the implementation of this certification requirement.
(Sec. 344) This section directs the FAA to revise the changed product rule requirements (1) for a significant design change in specific circumstances to require that the FAA provide public notice and an opportunity to comment, and (2) to ensure appropriate documentation of any exception or exemption from airworthiness requirements.
Under current law, an applicant for a change to a type certificate must show that the change complies with the applicable airworthiness requirements in effect on the date of the application. Certain exceptions allow an applicant to show that the change complies with an earlier amendment of the regulation. One of these exception applies if the FAA finds that compliance with a regulation would be impractical (i.e., the impracticality exception). This section directs the FAA to require that the impracticality exception only be approved for any significant design change after providing public notice and opportunity to comment.
Further, the FAA must ensure appropriate documentation of any exception or exemption from airworthiness requirements, as in effect on the date of application for the change.
The FAA must also brief Congress on the FAA’s implementation of the recommendations of the Changed Product Rule International Authorities Working Group, including recommendations on harmonized changes and reforms regarding the exception.
The FAA must also submit an annual report to Congress detailing the number of all significant design change exceptions approved and denied under the type certification regulations.
(Sec. 345) This section increases the threshold for the amount in controversy required for federal courts to have exclusive jurisdiction over a civil action involving a penalty by the Department of Homeland Security or the FAA.
Further, this section increases the maximum civil penalties that the Transportation Security Administration, the FAA, or the NTSB may impose on individuals, small business, and businesses for certain violations.
(Sec. 346) This section directs the FAA to enter into an agreement with a federally funded research and development center to study, in consultation with appropriate FAA aviation safety engineers, the occurrences and potential consequences of a transport airplane design found to not comply with applicable airworthiness standards. A transport airplane is a category of airplane designed for operation by an air carrier type-certificated with a passenger seating capacity of 30 or more or an all-cargo or combi derivative.
The FAA must submit a report to Congress on the study. The report must include actions the FAA determines necessary to improve safety and any root causes of an identified unsafe condition.
(Sec. 347) This section requires the FAA to continuously track and evaluate ground traffic and air traffic activity and related incidents at airports.
Further, the FAA must establish a Runway Safety Council to develop a systematic management strategy to address airport surface safety risks. The FAA must establish a timeline and action plan for (1) replacing, maintaining, or enhancing the operational capability provided by existing airport surface detection and surveillance systems; and (2) implementing runway safety technologies at airports without airport surface detection and surveillance systems.
Within five years of the law’s enactment, certain airports (including all medium and large hub airports) must have surface detection and surveillance systems deployed and operational.
The FAA must assess, in coordination with the council, automated foreign object debris monitoring and detection systems at not less than three airports that are using such systems.
The FAA must enter into an arrangement with a federally funded research and development center to conduct a study of runway incursions, airport 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. As part of the study, the center must develop recommendations for the FAA’s strategic planning efforts to appropriately maintain surface safety. The FAA must submit the report to Congress.
(Sec. 348) This section requires the FAA to implement improvements to the Aviation Safety Information Analysis and Sharing (ASIAS) Program with respect to safety data sharing and risk mitigation. This must include developing predictive capabilities to anticipate emerging safety risks and establishing (1) a robust process for prioritizing requests for safety information, (2) guidance to encourage regular safety inspector review of non-confidential aviation safety and performance data, and (3) processes for obtaining and analyzing comprehensive and aggregate data for new and future industry segments.
The FAA must prioritize production-ready configurable solutions over custom development to support FAA critical aviation safety programs.
The FAA must brief Congress on the progress of implementation of the ASIAS Program by November 12, 2024, and every six months thereafter until the improvements are made.
(Sec. 349) This section directs the FAA to convene an aviation rulemaking committee to review and develop recommendations on Instructions for Continued Airworthiness (ICA). The committee must consider the
The FAA must initiate rulemaking or make such policy and guidance updates as necessary to address any consensus recommendations reached by the committee.
(Sec. 350) This section requires the FAA to convene a rulemaking committee to provide recommendations regarding the installation of secondary cockpit barriers on passenger airliners operated by U.S. air carriers that are not otherwise subject to existing or proposed regulations, including existing aircraft. The FAA must issue a final rule mandating the installation of secondary barriers on such aircraft that takes into consideration the findings and recommendations of the committee.
(Sec. 351) This section directs the FAA to implement specific duty and rest requirements for Part 135 flight crew (i.e., non-scheduled, commercial aircraft operations). The FAA must require that any operation conducted by a flight crew member during an assigned duty period before, during, or after the duty period without an intervening rest period, must count towards the flight time and duty period limitations. An exception is included to require the FAA to allow for appropriate accommodation for organ transportation flights.
The FAA must also update any FAA policy and guidance regarding complete and accurate record keeping practices for these operators, including compliance with flight and duty times limitations and post-duty rest requirements.
Further, the FAA must ensure operators are evaluating and appropriately mitigating aviation safety risks in Safety Management Systems, including, risks associated with (1) inadequate flight crewmember duty and rest periods; and (2) incomplete records pertaining to flight crew rest, duty, and flight times.
(Sec. 352) This section directs the FAA to require that by May 16, 2029, all applicable aircraft manufactured on or after January 1, 2028, must be
(Sec. 353) This section directs the FAA to initiate a Call to Action safety review of airport ramp worker safety. The FAA must submit a report to Congress and any recommendations for actions or best practices to improve airport ramp worker safety, including the identification of risks and possible ways to mitigate such risks to be considered in any applicable safety management system of air carriers and airports.
The FAA must publish training and related educational materials about aircraft engine ingestion and jet blast hazards for ground crews. The FAA may require that a ramp worker receive the relevant engine ingestion and jet blast zone hazard training before performing work on any airport ramp.
In carrying out this section, the FAA must consult with aviation safety experts, air carriers, aircraft manufacturers, relevant labor organizations, and airport operators.
(Sec. 354) This section protects certain safety or security-related information voluntarily submitted to the FAA against disclosure by a third party. (Prior to this act, the protection only extended to disclosure by the FAA and any agency receiving the information from the FAA.) Further, this section specifies that the FAA must review and update regulations to designate and protect from disclosure information or data submitted, collected, or obtained by the FAA under voluntary safety programs.
(Sec. 355) This section requires the FAA to issue a notice of proposed rulemaking by May 16, 2025, to implement requirements that meteorological evaluation towers must be clearly marked or included in a designated database. If the FAA fails to issue the notice of proposed rulemaking, the FAA must submit an annual report to Congress on the status of the rulemaking, including a list of fatal aircraft accidents associated with unmarked towers that have occurred over the previous five years.
(Sec. 356) This section makes a technical correction to a provision on the promotion of civil aeronautics and the safety of air commerce.
(Sec. 357) This section requires the FAA to promote and support the education and professional development of current and future aerospace professionals.
(Sec. 358) This section directs the FAA to maintain an international presence to, among other things, assist foreign civil aviation authorities; encourage the adoption of U.S. standards, regulations, and policies; and enter into and seek to update Bilateral Aviation Safety Agreements (BASAs) with international aviation authorities.
Under this section, the FAA may provide technical assistance and training to a foreign government in the absence of a BASA, in certain circumstances.
This section also directs the FAA to ensure coordination with international civil aviation authorities regarding the establishment of mutual processes for efficient validation, acceptance, and working arrangements of certificates and approvals for powered-lift aircraft, products, and articles.
DOT must initiate a review to evaluate the performance of the FAA type certificate validation program under BASAs, with a focus on agreed to implementation procedures. The FAA must submit a report on the review to Congress.
Further, the FAA must maintain a strategic plan for international engagement that includes specific initiatives, policies, and procedures.
(Sec. 359) This section directs the FAA and DOT to delegate to the appropriate FAA office supervisors the ability to authorize the domestic and international travel for relevant FAA personnel without additional approvals required for promoting, facilitating, and supporting specific activities (e.g., performing site visits, training, and promoting U.S. aviation safety standards, regulations, and initiatives).
(Sec. 360) This section requires the FAA to promulgate a rule to (1) allow for the transport of firefighters to and from a wildfire site to perform ground wildfire suppression and designate the firefighters as essential crewmembers on board a covered aircraft operated on a mission to suppress wildfire; (2) allow the FAA to waive certain aircraft maintenance, inspections, and pilot training requirements; and (3) waive certain noise standards.
Under this rule, certain surplus military aircraft may not be used for wildfire suppression operations.
(Sec. 361) This section directs the FAA to brief Congress, in coordination with the heads of other relevant federal agencies, on the effects that certain high altitude balloon operations (i.e., that do not emit electronic or radio signals for identification purposes and are launched within the United States) may have on U.S. aviation safety. High altitude balloon means a manned or unmanned free balloon operating not less than 18,000 feet above mean sea level.
Further, the FAA must establish an aviation rulemaking committee to review and develop findings and recommendations to inform a standard for any high altitude balloon to be equipped with a system for continuous aircraft tracking. The system must transmit, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner that is accessible to air traffic controllers and ensures the safe integration of high altitude balloons into the national airspace system.
The committee must submit a report to the FAA that details the findings and recommendations. The FAA must brief Congress on the report.
(Sec. 362) This section directs the FAA to develop a standardized system for air carrier employees to voluntarily report fume or smoke events onboard certain passenger-carrying aircraft.
The FAA must also complete a study on the feasibility, efficacy, and cost-effectiveness of certification and installation of systems to evaluate bleed air quality. The FAA must enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study and issue recommendations (to be made publicly available) on cabin air quality and any risk of, and potential for, persistent and accidental fume or smoke events onboard a passenger-carrying aircraft.
Following completion of the study, the FAA may, as appropriate, issue a notice of proposed rulemaking to establish requirements for certain scheduled passenger air carrier operations. The requirements may include (1) training for air carrier employees, airport first responders, and others on how to respond to incidents on aircraft involving fume or smoke events; (2) required actions and procedures for air carriers to take after receiving a report of an incident involving certain fume or smoke events; and (3) the installation of onboard aircraft detectors and other air quality monitoring equipment.
(Sec. 363) This section requires the FAA to update safety standards for commercial air tour operators (i.e., sightseeing airplane and helicopter flights). Within two years of FAA publishing a final rule, all commercial air tour operators, with exceptions, must hold an air carrier certificate or commercial operator certificate. The section excludes small businesses (i.e., 100 or fewer commercial air tours in a calendar year) from the requirement.
The FAA must issue new or revised regulations requiring FAA approval prior to conducting operations with a removed or modified door by (1) a certificated commercial air tour operator, or (2) a person conducting aerial photography operations.
Further, the FAA must convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of commercial air tours. The section also requires the FAA to issue a rule based on the recommendations. At a minimum, the rule must (1) adopt specified pilot training and maintenance standards for commercial tour operators, and (2) require a helicopter operated by a commercial air tour operator to be equipped with an approved flight data monitoring system capable of recording flight performance data.
The section also requires the FAA to convene an aviation rulemaking committee to review and develop findings and recommendations to increase the safety of sport parachute operations.
(Sec. 364) This section directs the FAA to participate as a technical advisor in the Hawaii air noise and safety task force, to the extent acceptable to the state of Hawaii. Following the task force’s delivery of findings and consensus recommendations to the FAA, the FAA must take action (e.g., issue an intent to proceed with a proposed rulemaking) or issue a statement determining that no such rule or other action is warranted.
(Sec. 365) This section requires the FAA to conduct a study on improvements to the safety and efficiency of evacuation standards for manufacturers and carriers of transport category airplanes. The FAA must study evacuation testing and demonstration procedures and consider revisions to ensure that the procedures assess the abilities of specified categories passengers to safely and efficiently evacuate, including passengers of different ages, heights, and weights; passengers who do not speak English; and passengers with disabilities.
The FAA must establish an aviation rulemaking committee to review the findings of the study and develop recommendations for improvements to the evacuation standards. The FAA must submit a report to Congress on the findings and recommendations, as well as the FAA’s plan to implement any of the recommendations.
The FAA must also issue a notice of proposed rulemaking to implement any of the committee’s recommendations the FAA considers appropriate.
(Sec. 366) This section directs the FAA to require all applicable aircraft to have a cockpit voice recorder installed that is capable of recording at least 25 hours of data. All newly manufactured covered aircraft must meet this requirement by May 16, 2025. All aircraft must meet these standards by May 16, 2030. The FAA must issue a final rule to update applicable regulations, as necessary, to conform to the requirements.
Further, the FAA or an operator is prohibited from using a cockpit voice recording for any certificate action, civil penalty, or disciplinary proceedings against a flight crewmember.
Further, the FAA must issue a rule to update applicable regulations, as necessary, to ensure, to the greatest extent practicable, that any data from a cockpit voice recorder is
(Sec. 368) This section directs the FAA to issue a notice of proposed rulemaking regarding first aid and emergency medical equipment and training required for airline flight crewmembers.
The FAA must consider
Within five years of issuing a final rule, and every five years thereafter, the FAA must evaluate and revise the rule, if appropriate. This must include evaluating the included first aid and emergency medical kit equipment and training required for flight crewmembers.
(Sec. 369) This section requires that the FAA, on a regular basis, assess aviation safety oversight measures carried out by a foreign country (1) from which a foreign air carrier is conducting, or seeks to conduct, foreign air transportation to and from the United States; or (2) whose air carriers carry or seek to carry the code of a United States air carrier.
The FAA must consult with the foreign country being assessed and determine the efficacy with which such foreign country carries out and complies with various aviation safety oversight responsibilities.
For a foreign country found in noncompliance, the FAA must notify the foreign country and meet certain discussion requirements, following which the FAA may withhold, revoke, or prescribe conditions on the operating authority of that foreign air carrier. However, the FAA retains the ability to take immediate safety oversight actions if the FAA, in consultation with DOT and the State Department, determines that a condition exists that threatens the safety of passengers, aircraft, or crew traveling to or from such foreign country.
The FAA must provide notification to such foreign country of non-compliance and recommend actions necessary to bring such foreign country into compliance. If a foreign country later comes into compliance, the FAA shall take such actions as necessary to reflect the updated compliance status.
The FAA must also
Finally, the FAA must submit an annual report on the assessments, including the results of any corrective actions taken by noncompliant foreign countries.
(Sec. 370) This section revises the whistleblower protection enforcement order requirements. If a person fails to comply with a Department of Labor final order, Labor and the FAA must consult to determine the most appropriate action to take. Further, the FAA may assess a civil penalty.
(Sec. 371) This section allows the FAA to assess civil penalties against air carriers and aircraft manufacturers for a violation of requirements under the FAA whistleblower protection program.
(Sec. 372) This section directs the FAA to establish requirements for an Enhanced Qualification Program (EQP) under which qualified air carriers are certified by the FAA to provide enhanced training for eligible pilots seeking to obtain restricted airline transport certificates, either directly by the air carrier or by a certified training institution.
The FAA must establish (1) guidelines for an assessment that prospective pilots must pass in order to participate in the training, (2) curriculum requirements for the program, (3) a process for air carriers to apply for training program certification (which includes a review to ensure that the training provided by the air carrier will meet certain requirements).
The FAA must also require that each qualified air carrier participating in the EHQ collect and submit program data to the FAA. The FAA must also provide for the regular inspection of qualified air carriers certified under EHQ.
The FAA may issue regulations or guidance as determined necessary to carry out the EHQ.
The act specifies that this section has no effect on specific regulatory requirements for the total number of flight hours, nor on FAA airline transport pilot certificate authority under the Airline Safety and Federal Aviation Administration Extension Act of 2010.
Subtitle B--Aviation Cybersecurity
(Sec. 392) This section specifies that the FAA must set minimum standards for the cybersecurity of aircraft, aircraft engines, and propellers. Further, the FAA, in consultation with other agencies, has the exclusive authority to prescribe regulations for assuring the cybersecurity of aircraft, including unmanned aircraft systems, aircraft engines, propellers, and appliances.
(Sec. 393) This section directs the FAA, in consultation with other agencies, to establish a national airspace system cyber threat management process to protect the national airspace system (NAS) cyber environment.
Among other things, the FAA must
(Sec. 394) This section includes an additional consideration for the FAA in securing aircraft avionics systems. The FAA must revise existing FAA regulations, as appropriate, regarding airworthiness certification to establish a process and timeline by which software-based systems and equipment can be regularly screened to determine whether these systems and equipment have been compromised by unauthorized external or internal access.
(Sec. 395) This section directs the FAA to convene an aviation rulemaking committee on civil aircraft cybersecurity to 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.
The committee membership must include representatives of aircraft manufacturers, air carriers, unmanned aircraft system stakeholders, manufacturers of powered-lift aircraft, airports, original equipment manufacturers of ground and space-based aviation infrastructure, aviation safety experts with specific knowledge of aircraft cybersecurity, and a nonprofit which operates a federally funded research and development center.
The FAA must submit reports to Congress on the committee's reviews and recommendations and undertake rulemaking, if appropriate.
(Sec. 396) This section directs the GAO to conduct a review on the consideration, identification, and inclusion of aircraft cybersecurity into the FAA’s strategic framework of principles and policies that was developed pursuant to the FAA Extension, Safety, and Security Act of 2016. The GAO must submit a report to Congress on the review.
TITLE IV--AEROSPACE WORKFORCE
(Sec. 401) This section repeals (1) the FAA airway science curriculum grant program, and (2) the FAA grant program for advanced training facilities for maintenance technicians for air carrier aircraft.
(Sec. 402) This section requires the FAA to publish the U.S. Civil Airmen Statistics study on a monthly basis. The FAA currently publishes the study annually. Further, the FAA must ensure that data sets and tables published as part of the study display information related to the sex of certificate holders in more instances.
(Sec. 403) This section requires DOT to establish the Bessie Coleman Women in Aviation Advisory Committee. The committee must advise DOT and the FAA on matters and policies related to promoting the recruitment, retention, employment, education, training, career advancement, and well-being of women in the aviation industry and aviation-focused federal civil service positions.
Members of the committee must include individuals representing aviation-related businesses (e.g., aircraft manufacturers, air carriers, and airport owners), public and private aviation labor organizations, institutions of higher education, flight schools, and nonprofit organizations within the aviation industry.
All activities carried out by the committee must be in response to written terms of work from DOT or activities approved by the committee. The committee must submit annual reports to DOT and Congress that include (1) findings and associated recommendations for legislative and administrative actions, and (2) planned activities of the committee and proposed terms of work.
(Sec. 404) This section directs the FAA to continue to partner with and conduct outreach to Historically Black Colleges and Universities and Minority Serving Institutions (MSI) to promote awareness of educational and career opportunities and develop curriculum related to aerospace, aviation, and air traffic control.
The FAA may also make the MSI Intern Program available throughout the academic year and extend internship placements beyond a single academic session. Further, the FAA must track certain program data (e.g., total number of applicants) for the MSI Intern Program.
(Sec. 405) This section requires the Aviation Rulemaking Advisory Committee to establish a working group to assess and evaluate the appropriateness of allowing a high school student, upon successful completion of an aviation maintenance curriculum, to take the general written knowledge portion of the mechanic exam.
(Sec. 406) This section directs the FAA to use the Aviation Rulemaking Advisory Committee Airman Certification System Working Group to review airman certification standards and ensure that airman proficiency and knowledge correlates and corresponds to regulations, procedures, equipment, aviation infrastructure, and safety trends. The working group must obtain industry recommendations on maintaining and updating airman certification standards. The working group must also recommend to the FAA a means by which the FAA may communicate to industry the process for establishing, updating, and maintaining airman certification standards.
(Sec. 407) This section directs the FAA to develop an Airman's Medical Bill of Rights detailing the rights of an individual before, during, and after a medical examination conducted by an Aviation Medical Examiner. The bill of rights must include information about the right of an individual to (1) bring a trusted companion or request to have a chaperone present for a medical examination, (2) terminate an exam, (3) be assured of privacy and confidentiality, and (4) select an examiner.
The FAA must also develop a simplified, publicly available document that explains the standard procedures performed during a medical examination conducted by an Aviation Medical Examiner.
(Sec. 408) This section requires the FAA to establish a streamlined process for individuals involved in incidents of alleged misconduct by an FAA designee (i.e., Aviation Medical Examiner, pilot examiner, or technical personnel examiner) to report such incidents in a manner that protects the privacy and confidentiality of such individuals. The process for reporting alleged misconduct must be publicly available, including on the FAA web page.
Further, this section directs the FAA to revise the Designee Management System to clarify that FAA 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 FAA.
Following FAA’s update of the reporting process, the DOT OIG must conduct an audit of the reporting process and, if applicable, make recommendations to improve the reporting process. The DOT OIG must submit a report on the audit’s results to Congress.
(Sec. 409) This section requires the FAA to review whether air carriers and repair stations have in place uniform policies and uniform offerings that ensure pregnant employees can safely perform required duties. The FAA must brief Congress on the results of the review.
(Sec. 410) This section requires the FAA to establish a new work code for FAA human factors professionals. In the FAA, human factors is defined as a multidisciplinary effort to generate and compile information about human capabilities and limitations and apply that information to equipment, systems, facilities, procedures, jobs, environments, training, staffing, and personnel management for safe, comfortable, and effective human performance.
(Sec. 411) This section establishes an FAA aeromedical working group to review and make recommendations to the FAA on the FAA's medical processes, policies, and procedures for the certification of airmen.
Further, the working group must establish an aviation workforce mental health task group to oversee, monitor, and evaluate the FAA’s efforts related to supporting the mental health of the aviation workforce. Duties of the task group include (1) providing advice on the implementation of the DOT OIG final recommendations in the July 12, 2023, report, FAA Conduct Comprehensive Evaluations of Pilots With Mental Health Challenges, but Opportunities Exist to Further Mitigate Safety Risks; and (2) monitoring and evaluating the implementation of recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee.
The task group must submit a report to DOT and Congress. The report must include details on the progress of the implementation of these recommendations.
(Sec. 412) This section requires the FAA to conduct a study on frontline manager workload challenges in air traffic control facilities. As part of the study, the FAA may include recommendations for updates to the Frontline Manager’s Quick Reference Guide that reflect current operational standards. The FAA must brief Congress on the results of the study.
(Sec. 413) This section directs the FAA aeromedical working group (established in Sec. 411) to establish a medical portal modernization task group to evaluate the user interface and information sharing capabilities of an FAA online medical portal. The task group must also provide recommendations to improve cybersecurity protections of any medical portal and the medical application process for airmen.
The task group must submit a report to the FAA and Congress that details activities and recommendations of the task group. The FAA may implement recommendations of the task group to improve a medical portal.
(Sec. 414) This section directs the GAO to assess high school aviation maintenance technician programs and identify any barriers for program graduates. The GAO must provide a report to Congress on the findings, including recommendations for any legislative and administrative actions.
(Sec. 415) This section requires the FAA to continue to make tower simulator systems (TSS) more accessible to all air traffic controller specialists assigned to an FAA air traffic control tower, regardless of facility assignment.
By November 16, 2026, the FAA must also develop and implement a cloud-based visual database and software system that is compatible with existing and future TSS and that includes certain minimum standards.
By May 16, 2026, the FAA must also upgrade existing, permanent TSS. The TSS must be capable of securely and quickly downloading data from the cloud-based visual database and software system.
By May 16, 2028, the FAA must also acquire and implement mobile TSS at each air traffic control tower that is without an existing, permanent TSS.
(Sec. 416) This section directs the FAA to initiate a study to examine the recruitment, hiring, and retention of air traffic controller instructors and the projected number of instructors needed to maintain the safety of the national airspace system over a five-year period beginning with FY2025. The FAA must brief Congress on the results of the study and any actions that FAA may take based on such results.
(Sec. 417) This section requires the FAA to review and revise, if necessary, the Air Traffic Skills Assessment (AT–SA) administered to air traffic controller applicants. As part of the review, the FAA must evaluate all questions on the AT–SA and assess the assumptions and methodologies used to develop the AT–SA, the job-relevant aptitudes measured, and the scoring process for the assessment.
Further, the DOT Office of Inspector General must submit a report to the FAA and Congress. The report must include an assessment of the AT–SA and any applicable revisions, a description of any actions taken by the FAA, and any other related recommendations.
(Sec. 418) This section directs DOT to establish a pilot program to provide grants to eligible pilot schools or provisional pilot schools to provide pilot training activities and related education to support a pathway for veterans to become commercial aviators. Grants must be used to provide guidance and pilot training services, including tuition and flight training fees for enrolled veterans, to support such veterans in obtaining specific pilot certificates and ratings.
(Sec. 419) This section allows the FAA to provide easily accessible and streamlined training for airport personnel to become certified as nonfederal weather observers, specifically in cases where automated surface observing systems (ASOS) and automated weather observing systems (AWOS) experience outages and errors to ensure operational safety at airports.
(Sec. 420) This section prohibits an aircraft dispatcher from working outside of a physical location designated as a dispatching center or a flight following center of an air carrier (i.e., from working remotely), with limited exceptions (e.g., emergencies). The FAA must issue regulations by May 16, 2025.
Air carriers must also establish and maintain dispatch centers and flight following centers that have (1) a sufficient number of aircraft dispatchers and the necessary equipment to maintain operational control of flights at all times, and (2) physical security and cybersecurity protections to prevent unauthorized access to the dispatch center or flight following center or to the operations of either such center.
This section also establishes a certificate for aircraft dispatchers issued by the FAA.
(Sec. 421) This section directs the FAA to issue guidance to commercial air carriers on the expression of milk (pumping) by a crewmember during noncritical phases of flight, consistent with the performance of the crewmember's duties aboard the aircraft. The guidance must be equally applicable to any lactating crewmember.
In developing the guidance, the FAA must consider multiple methods of expressing breast milk that could be used by a crewmember and ensure the guidance will not require an air carrier or foreign air carrier to incur significant expense (e.g., an additional crewmember in response to providing a break or aircraft modifications or retrofitting).
(Sec. 422) This section directs the GAO to identify the extent and effects of the commercial aviation pilot shortage on regional/commuter air carriers. The GAO must submit a report to Congress on the study, including recommendations for legislation and administrative action, as appropriate.
(Sec. 423) This section directs the FAA to submit a report to Congress on the implementation of certain recommendation of the FAA's Youth Access to American Jobs in Aviation Task Force.
(Sec. 425) This section requires DOT to establish an interagency working group to evaluate and advise DOT and the Department of Defense on matters and policies related to increasing awareness of the eligibility, training, and experience requirements needed to become an FAA-certified or a military-covered aviation professional in order to improve career transitions between the military and civilian workforces.
The working group must submit an annual report to Congress. The working group terminates four years after the initial report is submitted to Congress.
(Sec. 426) This section directs the FAA to issue a notice of proposed rulemaking to revise current regulations to (1) create a military mechanic written competency test that addresses gaps between military and civilian experience; and (2) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a civilian mechanic certificate with an airframe rating or a powerplant rating.
As part of the rulemaking, the FAA must also evaluate and consider additional items, including (1) whether to allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (JSAMTCC) to serve as a substitute to fulfill certain FAA requirements, and (2) aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards . The FAA must periodically brief Congress on these rulemaking activities, including a timeline for the issuance of a final rule.
The FAA must also determine, in consultation with the Department of Defense (DOD) and the Department of Homeland Security (DHS), whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing and, if appropriate, how to implement such an expansion.
In addition, the FAA must develop a plan, in coordination with DOD, the Department of Veterans Affairs, and DHS, to increase outreach and awareness regarding services made available by the JSAMTCC and how such services can assist in facilitating the transition between military and civilian aviation maintenance careers. The FAA must brief Congress on the activities planned to implement the outreach and awareness plan.
(Sec. 427) This section expands the air carrier requirements for crew member security training to include preparing the crew members for unruly passenger behavior. The program elements must include (1) recognizing suspicious behavior and activities and determining the seriousness of any occurrence of such behavior and activities (currently, only activities), (2) de-escalation training based on recommendations issued by the Air Carrier Training Aviation Rulemaking Committee, and (3) methods to subdue and restrain an active attacker.
The Transportation Security Administration, in consultation with the Federal Air Marshal Service and Aviation Security Advisory Committee, must establish minimum standards for (1) the training and for recurrent training, and (2) the individuals or entities providing such training.
An air carrier must also provide a process through which a crew member participating in self-defense training may obtain reasonable accommodations.
(Sec. 428) This section directs the FAA to utilize existing direct hire authorities for positions related to aircraft certification and aviation safety. In utilizing such authorities, the FAA must take into consideration any staffing gaps in the FAA’s safety workforce, including in positions supporting the safe integration of unmanned aircraft systems and other new airspace entrants.
The FAA must brief Congress annually on the use of this authority.
(Sec. 429) This section directs the DOT Office of Inspector General (OIG) to audit any FAA workforce plans completed during the previous five fiscal years related to occupations the agency relies on to accomplish its aviation safety mission. The audit must include reviewing FAA workforce gaps in safety-critical and senior positions and reviewing opportunities for FAA employees to gain or enhance expertise, knowledge, skills, and abilities through cooperative training with appropriate aerospace companies and organizations.
The DOT OIG must submit a report to the FAA and Congress. This must include any recommendations for legislative and administrative action.
(Sec. 430) This section requires that the FAA review and, as necessary, revise the FAA’s staffing model for aviation safety inspectors. The FAA must take into consideration various reports and recommendations, as well as assess specific issues (e.g., the projected staffing needs at the service and office level and the forecasted attrition of the aviation safety inspector workforce).
The FAA must consult with interested persons, including the exclusive collective bargaining representative for aviation safety inspectors.
(Sec. 431) This section directs the FAA (upon completion of the revised staffing model for aviation safety inspectors under Sec. 430 above and the FAA’s validation of the model) to take all appropriate actions to meet the staffing needs identified in the revised model for aviation safety inspectors, aviation safety technicians, and operations support positions. This includes potentially increasing the number of safety critical positions in the Flight Standards Service and Aircraft Certification Service each fiscal year, as appropriate, so long as such staffing increases are measured relative to the number of individuals serving in safety-critical positions as of September 30, 2023.
(Sec. 432) This section directs the FAA to convene a task force to develop voluntary standards and best practices relating to suspected interference with cabin crew or flight crew, security screening personnel, and flight attendants. This includes developing
The FAA must also take necessary actions to include in the pre-takeoff passenger briefing a statement informing passengers that it is against federal law to assault or threaten to assault any individual on an aircraft or interfere with a crewmember's duties.
(Sec. 433) This section revises the hiring process for air traffic control (ATC) specialists to specify that the FAA may not use any biographical assessment when hiring for specific categories of ATC specialists.
(Sec. 434) This section directs the FAA to brief Congress on the Employee Assault Prevention and Response Plan submitted by each air carrier. Under current law, commercial airlines must establish an Employee Assault Prevention and Response Plan.
(Sec. 435) This section directs passenger air carriers to issue a formal policy, in consultation with employee labor unions, on transportation sexual assault or harassment incidents. An incident includes an act committed by a passenger or air carrier personnel against another passenger or air carrier personnel.
The policy must include
(Sec. 436) This section specifies that current protections against interference with federal, airport, or air carrier employees who have airport security duties include employees performing ticketing, check-in, baggage claim, or boarding functions.
(Sec. 437) This section directs the FAA to set the hiring target for new air traffic controllers for each of FY2024 through FY2028 as the maximum number of individuals who are able to be trained at the FAA Academy.
The FAA must submit an attestation to Congress demonstrating an agreement entered into with the National Academies Transportation Research Board (TRB) to conduct a study. The study must compare the FAA’s certified professional controllers (CPCs) operational staffing models and methodologies with those of the Collaborative Resource Workgroup (CRWG) to determine CPC operational staffing targets necessary to meet facility operational, statutory, contractual and safety requirements. (The CRWG consists of participants from the FAA Air Traffic Organization who work with the National Air Traffic Controllers Association to survey facilities to support validation of or changes to the staffing targets for CPCs.)
The TRB must submit a report to the FAA and Congress on the report. The report must include a determination as to which staffing models and methodologies best account for the operational staffing needs of the air traffic control system. The FAA must, as appropriate, implement and use the TRB-identified staffing model.
Prior to completion of the study and implementation of the revised air traffic controller staffing standards, the FAA must adopt and utilize the staffing models and methodologies developed by the CRWG that were recommended in a report submitted to the FAA and referenced in the 2023 Controller Workforce Plan.
Finally, for any FAA Controller Workforce Plan published after May 16, 2024, the FAA must (1) identify all limiting factors on the FAA’s ability to hire and train controllers in line with the plan's staffing standards target, and (2) describe what actions the FAA intends to take to rectify any impediments to meeting staffing standards targets and identify contributing factors that are outside the FAA’s control.
(Sec. 438) This section directs the GAO to complete a comprehensive review of the domestic airport service workforce and examine the role of and importance of this workforce to the aviation economy. The GAO must submit this report to DOT. DOT may convene a public working group to evaluate and discuss the report.
(Sec. 439) This section directs the FAA to develop a plan to expand the FAA's overall air traffic controller training capacity (i.e., facilities, instruction, equipment, and training resources) in order to grow the number of developmental air traffic controllers enrolled and support increases in FAA air controller staffing.
The FAA must consider (1) resources needed to lessen FAA Academy attrition; (2) projected staffing needs for FAA Academy expansion; and (3) the equipment needed to support expanded instruction, including air traffic control simulation systems and virtual reality.
The FAA must submit a report to Congress on the plan and brief Congress on the plan and its implementation.
(Sec. 440) This section reauthorizes through FY2028 and expands aviation workforce development programs. DOT must establish an aviation manufacturing workforce development grant program to support the education and recruitment of aviation manufacturing technical workers and aerospace engineers.
This section also increases the maximum grant amount limit for all workforce development programs from $500,000 to $1 million in any one fiscal year.
As part of the Aviation Workforce Development Program, this section establishes the Willa Brown Aviation Education Program to support eligible projects in counties that contain least one qualified opportunity zone (economically distressed areas eligible for certain tax incentives) and establishes a 20% set-aside for the program.
Beginning on October 1, 2027, this section redesignates the Aviation Workforce Development Programs as the Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Program (CAREER Program). DOT must submit a report to Congress on the administration of the CAREER Program covering each of fiscal years 2025 through 2028.
(Sec. 441) This section directs DOT to establish and maintain a national strategic plan for the civil aviation workforce to improve recruitment, hiring, and retention and address projected challenges.
Further, DOT must establish a Cooperative Aviation Recruitment, Enrichment, and Employment Readiness Council (CAREER Council) comprised of individuals with expertise in the civil aviation industry to assist with developing and maintaining the national strategic plan for the civil aviation workforce. The CAREER Council must also provide advice to DOT, as appropriate, on the CAREER Program (e.g., program administration and grant application selection) and support the development of program performance metrics.
TITLE V--PASSENGER EXPERIENCE IMPROVEMENTS
Subtitle A--Consumer Enhancements
(Sec. 501) This section establishes within DOT an Office of Aviation Consumer Protection to administer and enforce DOT’s aviation consumer protections and civil rights authorities. The office must coordinate with the Office of the General Counsel on legal matters relating to aviation consumer protection. Following the office receiving funding, the act eliminates the current Office of Aviation Consumer Protection, a unit within DOT’s Office of the General Counsel.
(Sec. 502) This section directs DOT to increase the number of daily round-trip flights allowed at Ronald Reagan Washington National Airport (DCA). Specifically, this section adds 10 new slots at DCA to allow for 5 additional daily round-trip flights. (Airlines flying to and from DCA are subject to slot and perimeter rules set by federal law and regulation. The slot rules determine the total number of flight slots that can be handled in a given time period. In addition, a statutory perimeter rule limits nonstop flights to a 1,250-mile radius unless granted an exemption in law.)
Prior to this act, DCA was limited to a maximum of 67 hourly slots for flights both within- and beyond-perimeter; a round-trip flight serving DCA requires two slots (or a slot pair). Of those slots, 40 daily slots were exempt from the perimeter rule.
(Sec. 503) This section requires an air carrier to provide a full refund to a passenger for any (1) cancelled flight; or (2) significantly delayed or changed flight, under certain circumstances.
Specifically, for a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, upon request, an air carrier must provide a full fare refund (including any taxes and ancillary fees) where the passenger chooses not to (1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or (2) accept any voucher, credit, or other form of compensation offered by the air carrier.
An air carrier may offer a voucher, credit, or other form of compensation as an explicit alternative to providing a refund if (1) the offer includes a clear and conspicuous notice of the offer’s terms and the passenger’s right to a full refund, (2) the voucher or credit remains valid for at least five years.
(Sec. 504) This section requires large, medium, and small hub airports with scheduled passenger service to prominently display posters throughout the airport that clearly and concisely outline airline passengers’ rights under federal law. This must include information on
Further, each of these airports must ensure that passengers with a disability are notified of the availability of accessibility assistance. The airports must also assist these passengers in obtaining the same information as other passengers about airline passengers’ rights under federal law.
(Sec. 505) This section requires air carriers to maintain a 24-hour customer service option provided without charge. Specifically, a covered air carrier that operates a domestic or international flight must maintain a (1) live customer service telephone line, (2) customer chat option that allows for customers to speak to a live agent within a reasonable time, or (3) monitored text messaging number that enables customers to communicate and speak directly with a live agent.
(Sec. 506) This section requires DOT to establish, maintain, and make public certain online airline customer service dashboards in order to keep aviation consumers informed of large air carriers’ policies and services that exceed what is required by federal law. The dashboards must include information on (1) delay and cancellation policies, (2) the circumstances under which a delay or cancellation is not due to circumstances in the control of the air carrier, (3) family seating policies, and (4) seat size policies (e.g., the pitch, width, and length of a seat in economy class).
(Sec. 507) This section increases the maximum civil penalty amount to $75,000 (from $25,000) for violations of certain aviation-related laws and regulations. This increase applies to violations that occur on or after May 16, 2024.
(Sec. 508) This section revises the DOT Aviation Consumer Protection Advisory Committee and reauthorizes the committee through FY2028. The section also directs the committee to consult, as appropriate, with foreign air carriers, ultra-low-cost air carriers, nonprofit public interest groups with expertise in disability and accessibility matters, ticket agents, and travel management companies.
(Sec. 509) This section extends through FY2028 the requirement that the DOT Aviation Consumer Advocate submit an annual report to Congress summarizing aviation consumer complaints and recommendations.
(Sec. 510) This section provides statutory authority for the passenger rights and airline passengers with disabilities bill of rights.
(Sec. 511) This section directs the Bureau of Transportation Statistics to initiate a rulemaking to create a new cause of delay category (or categories) that identifies and tracks information on air carrier delays and cancellations that are due to instructions from the FAA Air Traffic Control System.
Further, this section requires that various causes of delays or cancellations not be included in the current air carrier reporting code. These causes include
The bureau must also update its reporting framework to create a new category to identify and track information on complaints related to family seating.
DOT must include information on delays and cancellations that are due to instructions from the FAA Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the DOT Office of Aviation Consumer Protection. DOT must also include family seating complaint information in the Air Travel Consumer Report and on the DOT family seating dashboard (as required by Sec. 506 of this act).
(Sec. 512) This section requires DOT to direct all air carriers that provide scheduled passenger air transportation to establish reimbursement policies for certain costs related to delays incurred due to a flight cancellation or significant delay directly attributable to the air carrier. This includes reimbursements for lodging, transportation between such lodging and the airport, and meal costs.
(Sec. 513) This section directs DOT to take such action as may be necessary to update the ticketing disclosure process requirements for air carrier or ticket agent transactions not completed through a website.
(Sec. 514) This section directs the GAO to conduct a study to assess competition and consolidation in the U.S. air carrier industry, including data related to the effect of consolidation on air transportation service in small and rural markets. The GAO must submit a report to Congress that includes recommendations for legislative and administrative action.
(Sec. 515) This section directs the GAO to conduct a study to assess the operational preparedness of air carriers for changing weather and other events related to changing conditions and natural hazards (e.g., flooding, extreme heat, changes in precipitation, storms, and fire conditions). The GAO must also assess how the FAA oversees operational resilience of air carriers and the steps the federal government and air carriers can take to improve operational resilience.
The GAO must brief Congress on the study. The GAO must also submit a follow up report that includes recommendations for legislative and administrative action.
(Sec. 516) This section requires DOT to establish a policy on seating a young child (i.e., under the age of 14) next to an accompanying adult on a flight. Specifically, DOT must issue a notice of proposed rulemaking to establish a policy to direct air carriers that assign seats or allow individuals to select seats in advance of the date of departure to seat a young child next to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available.
An air carrier must do this without charging a fee or an additional cost beyond the ticket price of the additional seat.
(Sec. 517) This section directs DOT to establish a passenger experience advisory committee to advise DOT and the FAA on improving the passenger experience in air transportation customer service (e.g., baggage handling, the security screening process, and transportation between airport terminals and facilities).
DOT must submit a report to Congress every two years, which includes the recommendations of the advisory committee and an explanation of how DOT has implemented such recommendations.
This section also terminates the DOT Advisory Committee on Accessible Air Transportation (ACCESS Advisory Committee).
(Sec. 518) This section requires the FAA to task the Aviation Rulemaking Advisory Committee (ARAC) with reviewing passenger information requirement regulations and making recommendations to update and improve the regulations.
The FAA must issue a final rule to revise the passenger information requirements to (1) incorporate exemptions commonly issued by the FAA, (2) reflect civil penalty inflation adjustments, and (3) incorporate updates and improvements recommended by ARAC.
(Sec. 519) This section directs the FAA to initiate a rulemaking to establish minimum dimensions for passenger seats on aircraft, including minimums for seat pitch, width, and length, and that are necessary for the safety of passengers. If the FAA decides not to pursue the rulemaking, the FAA must brief Congress on the justification for the decision.
(Sec. 520) This section updates DOT's consumer complaint submission process to, among other things, reflect the current use of websites to submit complaints about air carriers and air ambulance providers. Further, certain air carriers must include on the air carrier’s website information on how to submit a DOT consumer complaint.
Subtitle B--Accessibility
(Sec. 541) This section changes the name of the FAA Advisory Committee on the Air Travel Needs of Passengers with Disabilities to the Air Carrier Access Act Advisory Committee. The section also extends through FY2028 the committee's authority to address the needs of individuals with disabilities.
Further, this section specifies that committee membership includes manufacturers of wheelchairs (including powered wheelchairs) and other mobility aids. Prior to this act, membership included wheelchair manufacturers.
(Sec. 542) This section directs DOT to issue a notice of proposed rulemaking to develop minimum training standards for airline personnel or contractors who assist wheelchair users who board or deplane using an aisle chair or other boarding device. For example, the standards must require that, before being allowed to assist a passenger, personnel be able to successfully demonstrate specific skills (during hands-on training sessions). The training standards must also include completion of refresher training and recertification requirements every 18 months.
As part of the rulemaking, DOT must consider specific items, such as whether to require air carriers to partner with national disability organizations and disabled veterans’ organizations in developing, administering, and auditing training.
DOT must issue a final rule by May 16, 2025. This section provides for civil penalties against domestic and foreign air carriers who fail to meet the requirements established under the final rule.
(Sec. 543) This section directs DOT to issue a noticed of proposed rulemaking for minimum training standards for personnel or contractors who stow wheelchairs and scooters used by passengers with disabilities on commercial aircraft. For example, the standards must require that, before being allowed to handle or stow a wheelchair or scooter, personnel be able to successfully demonstrate specific skills (during hands-on training sessions). The training standards must also include completion of refresher training and recertification requirements every 18 months.
As part of the rulemaking, DOT must consider whether to require 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, administering, and auditing training.
DOT must issue a final rule by May 16, 2025. This section provides for civil penalties against domestic and foreign air carriers who fail to meet the requirements established under the final rule.
(Sec. 544) This section directs DOT to require air carriers to publish information on their website describing the cargo hold dimensions, including the dimensions of the cargo hold entry, that would limit the size, weight, and allowable type of cargo available. DOT must allow an air carrier to protect the confidentiality of any trade secret or proprietary information. DOT must also require an air carrier to issue a full refund to an individual with a disability who is traveling with a wheelchair (this includes power wheelchairs, manual wheelchairs, and scooters) and cannot travel on the aircraft because the cargo hold cannot physically accommodate the wheelchair.
DOT must annually evaluate data on the mishandling of wheelchairs on aircraft and determine whether there are any data trends. A report on the results of the evaluation must be publicly available on DOT's website. The report must include a description of how DOT plans to address such results. DOT must also submit the annual report to Congress.
Further, DOT must submit a roadmap to Congress that describes how DOT and the Architectural and Transportation Barriers Compliance Board (Access Board) will (1) establish a research program to test and evaluate the crashworthiness and safety performance of wheelchairs and accessories, and (2) sponsor studies that assess the likely demand for air travel by individuals if they could remain seated in their personal wheelchairs in flight. DOT must make the strategic road map publicly available.
If DOT determines it to be technically feasible, DOT must also study the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs in the main cabin during flight.
DOT must submit to Congress a publicly available report describing the results of the study and any recommendations.
(Sec. 545) This section directs DOT to submit a publicly available annual report to Congress on disability-related aviation consumer complaints filed with DOT.
(Sec. 546) This section requires DOT to issue an advanced notice of proposed rulemaking regarding flight seating accommodations for a qualified individual with a disability.
In carrying out the rulemaking, items DOT must consider include the scope and anticipated number of individuals with a disability who (1) may need to be seated with a companion to receive assistance during a flight, and (2) should be afforded bulkhead seats or other seating considerations. DOT must also issue a final rule.
DOT must establish a pilot program for known service animal users to allow approved program participants an exemption from current documentation requirements for air travel with a service animal. An individual with a disability may participate in the voluntary program who (1) requires the use of a service animal because of a disability, and (2) submits an application per DOT established requirements. In establishing the pilot program, DOT must consult with disability advocacy entities, air carriers, and accredited service animal training programs.
Further, DOT must maintain and publish on the department website a list of accredited service animal training programs and authorized registrars that evaluate service animals. DOT must also submit an annual report to Congress on requests for air travel with service animals.
Finally, in consultation with the Air Carrier Access Act Advisory Committee (Access Board), DOT must issue guidance on how to improve training for airline personnel (including contractors) in recognizing when an individual with a disability is traveling with a service animal.
(Sec. 547) This section directs DOT, in consultation with the Architectural and Transportation Barriers Compliance Board, to issue regulations setting forth minimum standards to ensure that individuals with disabilities can effectively access customer-focused kiosks, software applications, and the websites of air carriers, foreign air carriers, and airports.
The Air Carrier Access Act Advisory Committee must periodically review and make recommendations regarding the accessibility of websites, kiosks, and information communication technology of air carriers, foreign air carriers, and airports, and make such recommendations publicly available. DOT must review and update the regulations every five years.
(Sec. 548) This section directs DOT to 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. DOT must issue a notice of proposed rulemaking regarding the standards and a final rule.
DOT must also issue a notice of proposed rulemaking on accessible in-flight entertainment.
Further, DOT must conduct a negotiated rulemaking on new type certificated aircraft standards for (1) seating arrangements that accommodate individuals with disabilities using wheelchairs in the main cabin, or (2) an accessible route to a minimum of two aircraft passenger seats for passengers to access from personal assistive devices. This negotiated rulemaking is contingent on DOT’s study findings (as required by Sec. 544 of the act) that it is economically and financially feasible for air carriers and foreign air carriers to implement seating arrangements that accommodate passengers with wheelchairs in the main cabin during flight.
The negotiated rulemaking must include representatives of air carriers, aircraft manufacturers, national disability organizations, aviation safety experts, and mobility aid manufacturers. DOT must issue a notice of proposed rulemaking regarding the standards and a final rule.
DOT must prescribe regulations, in direct consultation with the Architectural and Transportation Barriers Compliance Board (Access Board), setting forth minimum standards that ensure all gates (including counters), ticketing areas, and customer service desks are accessible to and usable by all individuals with disabilities.
(Sec. 549) This section requires DOT to investigate discrimination complaints within 120 days of receipt of a complaint and provide a determination as to whether an air carrier has discriminated against a handicapped individual. Prior to this act, DOT was required to investigate a complaint, but the requirements did not specify a timeframe or require further action.
Further, DOT must provide in writing to the individual that filed the complaint (and the air carrier or foreign air carrier alleged to have committed the violation) the facts underlying the complaint and any action DOT is taking in response to the complaint.
(Sec. 550) This section amends statutory language to remove references to handicapped individuals and replace them with individuals with disabilities.
(Sec. 551) This section requires an air carrier or foreign air carrier who is informed by an individual at the time of booking that the individual requires the use of any wheelchair to provide information to that individual regarding the provision and use of on-board wheelchairs. This information must include the rights and responsibilities of both the air carrier and passenger related to the provision and use of on-board wheelchairs.
(Sec. 552) This section directs DOT to initiate a program to study and evaluate the accessibility of newly certified transport category aircraft designs. At a minimum, DOT must consider the safe boarding and deplaning processes for such aircraft and determine whether such aircraft can provide accessible lavatories. DOT must consult with air carriers, aircraft manufacturers and aerospace supply companies, and other stakeholders. DOT must submit a report to Congress on the study, including and any recommendations.
Subtitle C--Air Service Development
(Sec. 561) This section modifies the Essential Air Service (EAS) program's subsidy caps. (The EAS program was established to ensure that small communities that were served by certificated air carriers before the Airline Deregulation Act of 1978 would continue to receive scheduled passenger service.)
This section also modifies the applicant selection process for air service providers and the process for an air carrier to end, suspend, or reduce service to a community. For example, this section requires an air carrier to provide 140 days advance notice (currently 90 days) when ending, suspending, or reducing basic essential air service. It also provides DOT with the authority to incorporate into an EAS contract penalties for contract termination or conditions on compensation.
(Sec. 562) This section reauthorizes through FY2028 the Small Community Air Service Development Program, a DOT grant program designed to help small communities address air service and airfare issues.
This section reduces to every 5 years, from 10 years, the limit on a community participating in a grant for the same project.
DOT must give priority to communities where the community has demonstrated support from at least one air carrier to provide service and the assistance will be used to help restore scheduled passenger air service that has been terminated or substantially reduced. Prior to this act, the priority list only included service termination.
This section allows DOT to amend the scope of the agreement when the amendment is reasonably consistent with the community's current air service needs. Prior to this act, DOT could amend the scope of an agreement if DOT determined that the amendment was reasonably consistent with the original purpose of the project.
(Sec. 563) This section directs the GAO to conduct a study on the effectiveness of the Alternate Essential Air Service (EAS) pilot program, including any challenges that have impeded robust community participation in the program. The GAO must submit a report to Congress on the study, including any recommendations for legislation and administrative action.
(Sec. 564) This section directs DOT to review and determine whether certain domestic points in the state of Alaska have been resettled or relocated and should be designated as an eligible place entitled to receive a determination of the level of essential air service supported, if necessary, with federal funds. Specifically, DOT must review, in consultation with the state of Alaska, all domestic points in the state (1) that were deleted from carrier certificates between July 1, 1968, and October 24, 1978; and (2) that were not subsequently determined to be an eligible place prior to January 1, 1982, as a result of being unpopulated at that time due to destruction during the 1964 earthquake and its resultant tidal wave.
(Sec. 565) This section allows an eligible place to submit a petition for review to DOT expressing no confidence in the air carrier that is providing basic essential air service. Specifically, the petition must demonstrate that the air carrier is (1) unwilling or unable to meet the operational specifications in the DOT order, (2) experiencing reliability challenges with the potential to adversely affect air service, or (3) no longer able to provide service at the rate of compensation specified by DOT.
Within two months of receiving the petition, DOT must review the operational performance of the air carrier providing basic essential air service and determine whether the air carrier is in compliance with the DOT order. If DOT determines noncompliance by an air carrier, DOT may terminate that air carrier’s order and issue a notice that other air carriers may apply to provide basic essential air service to such place for compensation. DOT must ensure continuity in air service to the affected place.
(Sec. 566) This section reauthorizes through FY2028 the FAA Essential Air Service Program. (The FAA established the program to ensure that small communities that were served by certificated air carriers before the Airline Deregulation Act of 1978 would continue to receive scheduled passenger service.)
(Sec. 567) This section directs the GAO to conduct a study and submit a report to Congress on the change in costs of the Essential Air Service Program, including (1) assessing cost trends of the program over a 10-year period, and (2) reviewing potential causes for the increased cost of the program (e.g., labor costs, fuel costs, and the effects of the COVID-19 pandemic).
(Sec. 568) This section directs DOT to respond with an approval or denial of any application for essential air service (EAS) filed by an applicant, to the greatest extent practicable, not later than six months of receiving the application.
DOT’s Office of International and Aviation Economic Law must ensure the timely review of all orders proposed by the EAS Office. Further, DOT’s Office of the General Counsel must annually analyze the timelines.
(Sec. 569) This section directs the GAO to conduct a study of flight delays in New York, New Jersey, and Connecticut and the possible causes of such delays.
(Sec. 570) This section directs DOT to enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on the loss of commercial air service in U.S. small communities and options to restore such service. Specifically, the study must include at least seven communities that have lost commercial air service or have had commercial air service significantly reduced in the past 15 years, including Williamsport Regional Airport in Montoursville, Pennsylvania; Alamogordo-White Sands Regional Airport in Alamogordo, New Mexico; and Chautauqua County Jamestown Airport in Jamestown, New York.
The National Academies must submit a report to DOT and Congress on the study. The report must include recommendations to Congress and the communities on action that can be taken to improve or restore scheduled commercial service.
This section prohibits any funding allocated to the EAS program or Small Community Air Service program from being used to carry out the study.
TITLE VI--MODERNIZING THE NATIONAL AIRSPACE SYSTEM
(Sec. 601) This section directs the FAA to expedite the installation of at least 15 instrument landing systems (ILS) in the national airspace system by January 1, 2025, using the existing ILS contract vehicle and FAA employees. The FAA must brief Congress on the installation of ILS and outline FAA’s approach to accelerate future procurement and installation of ILS throughout the national airspace system.
(Sec. 602) This section requires the DOT Office of Inspector General (OIG) to examine the effects of reclassifying Design Assurance Level-A to Design Assurance Level–B for navigation aids (e.g., distance measuring equipment and tactical air navigation). The DOT OIG must address the cost-benefit analyses associated with the reclassification, the risks of such reclassification on navigation aid equipment currently in use, and the potential impacts on global interoperability of navigational aids. The DOT OIG must submit a report to Congress.
(Sec. 603) This section directs the FAA to enter into an agreement with the National Academy of Public Administration (the Academy) to assess the performance of the FAA in delivering and implementing quantifiable operational benefits to the national airspace system within the NextGen program. The Academy must (1) leverage metrics used by the FAA, and (2) validate metrics and identify additional metrics the FAA can use. The Academy must submit a report to the FAA and Congress that includes the findings and recommendations.
The FAA must establish a website to monitor (1) the metrics identified by the review and update them on a quarterly and annual basis through 2030, as appropriate; and (2) the total amount invested in NextGen technologies and resulting quantifiable benefits and update them on a quarterly basis until the FAA announces the completion of NextGen implementation.
(Sec. 604) This section directs the FAA, in coordination with the Department of Defense (DOD), to review the national airspace system, including special use airspace. The FAA must identify methods to streamline, expedite, and provide greater flexibility of access to certain categories of airspace for national airspace system users who may not regularly have such access. The FAA must brief Congress on any proposed actions to improve access to airspace for users of the national airspace system.
The FAA must take such actions as are necessary to implement the action plan, including coordinating with airspace users and DOD, to ensure effective implementation and ongoing collaboration in addressing airspace access challenges. The FAA must provide periodic briefings to Congress on the implementation process.
(Sec. 605) This section requires the DOT Office of Inspector General (OIG) to audit the workforce needs of the FAA Contract Tower (FCT) Program. (Contract towers are air traffic control towers that are staffed by employees of private companies rather than by FAA employees.) The audit must review contract tower staffing levels and examine efforts to establish an FAA air traffic controller contractor training program or curriculum to provide initial training.
The DOT OIG must submit a report on the results of the audit to Congress. The FAA must implement any recommendations included in the report with which the FAA concurs.
(Sec. 606) This section directs the FAA, in designing, adopting a design, or constructing an air traffic control tower based on a previously adopted design, to prioritize (1) the safety of the national airspace system, (2) the safety of FAA employees, and (3) the operational reliability and the costs of the air traffic control towers.
(Sec. 607) This section extends the biennial data reporting requirement for the FAA air traffic service from 8 years to 14 years.
(Sec. 608) This section directs the FAA to consider replacing control towers that are at least 50 years old and at small hub commercial service airports when the FAA is selecting projects from eligible funds for the replacement of federally owned air traffic control towers.
(Sec. 609) This section directs the FAA to establish a pilot program to award grants to air traffic flow management technology providers to develop prototype capabilities to incorporate flight profile optimization into the FAA’s trajectory based-operations air traffic flow management system. The FAA must brief Congress annually on the progress of the pilot program.
In this section, trajectory-based operations is an air traffic flow management method for strategically planning, managing, and optimizing flights that uses time-based management, performance-based navigation, and other capabilities and processes to achieve air traffic flow management operational objectives and improvements.
(Sec. 610) This section reauthorizes the Enhanced Air Traffic Services Pilot Program through FY2028. This section also modifies certain terms used in carrying out the program.
(Sec. 611) This section directs DOT to request that the Department of Labor review and update the basis for the wage determination for air traffic controllers who are employed at air traffic control towers operated under the Contract Tower Program. This includes accounting for cost-of-living adjustments. Labor must also create a new wage determination category or occupation code for managers of these air traffic controllers. (Contract towers are air traffic control towers that are staffed by employees of private companies rather than by FAA employees.)
DOT, in consultation with Labor, must submit a report to Congress on the review and actions taken by the agencies to ensure that contract tower air traffic controller wages are adjusted for inflation and are assigned the appropriate occupation codes.
(Sec. 612) This section directs the FAA to brief Congress on the radio communications coverage within the airspace surrounding the Mena Intermountain Municipal Airport in Mena, Arkansas. The briefing must include recommendations on changes that may increase radio communications coverage below 4,000 feet above ground level within the airport’s airspace.
(Sec. 613) This section directs the FAA to evaluate the addition of satellite voice communication services (SatVoice) to the Aeronautical Mobile Communications program that provides for the delivery of air traffic control messages in oceanic and remote continental airspace. The FAA must begin to develop the safety case analysis and implementation procedures for SatVoice instructions over the controlled oceanic and remote continental airspace regions of the FAA. This section includes minimum requirements analysis and implementation procedures.
(Sec. 614) This section directs the FAA to establish an airport pilot program to test and evaluate the feasibility of using specific technology in air traffic control towers for mobile clearance delivery for general aviation and on-demand air carriers. The FAA must designate, in consultation with relevant stakeholders, five suitable airports that do not have tower data link services to participate in the initial airport pilot program. Under this section, mobile clearance delivery means the delivery of access to departure clearance and clearance cancellation via internet protocol via applications to pilots while aircraft are on the ground where traditional data link installations are not feasible or possible.
The FAA must submit a report to Congress on the safety, security, and operational performance of the mobile clearance delivery at airports and recommendations on how best to improve the program.
(Sec. 615) This section directs the GAO to initiate a study on the efficiency and efficacy of scheduled commercial air service transiting congested airspace, including examining military flight activity, emergency response activity, commercial space launch and reentry activities, weather, and air traffic controller staffing. The GAO must submit a report to Congress with recommendations to reduce the impacts on scheduled air service transiting congested airspace.
(Sec. 616) This section directs the FAA to brief Congress on the Little Rock Port Authority Very High Frequency Omni-Directional Radio Range Tactical Air Navigation (VORTAC) Aid Project. (A VORTAC is a radio-based navigational aid for aircraft pilots.) The briefing must include the status of the FAA's efforts to relocate the Little Rock Port Authority project and of new flight planning of the relocated VORTAC.
(Sec. 617) This section requires the FAA to review, in consultation with stakeholders, operational surface surveillance systems that are operational as of May 16, 2024.
The FAA must
The FAA must brief Congress on the review’s findings. The FAA may implement changes to surface surveillance systems consistent with the review’s findings.
(Sec. 618) This section revises the requirements for the FAA to make long-range plans and policies for the development and use of the navigable airspace, and the development and location of air navigation facilities, to include the use of third-party services.
(Sec. 619) This section directs the FAA to evaluate and expedite the implementation of NextGen programs and capabilities.
The FAA must
If the FAA has not or will not meet one of these target deadlines, the FAA must notify Congress and include (1) an explanation for missing the deadline, (2) the FAA's plans to meet the deadline, and (3) actions Congress can take to assist the FAA in meeting the deadline.
Further, in allocating NEXTGEN program expenditures from the Airport and Airway Trust Fund, DOT must prioritize performance-based navigation, data communications, terminal flight data manager, and aeronautical information management.
The FAA must task the NextGen Advisory Committee with providing the FAA recommendations on ways to expedite, prioritize, and fully implement NextGen programs.
(Sec. 620) This section requires DOT to provide airport sponsors acting in good faith seven years to complete an operational readiness inspection after receiving a benefit-to-cost ratio of air traffic control services for an airport.
Further, DOT must allow air traffic controllers at towers operated under the FAA Contract Tower (FCT) Program to use approved advanced equipment and technologies to improve operational situational awareness (e.g., Standard Terminal Automation Replacement System (STARS) radar displays and Automatic Dependent Surveillance-Broadcast). (Contract towers are air traffic control towers that are staffed by employees of private companies rather than by FAA employees.)
DOT must also facilitate the integration of advanced equipment and technologies to improve operational situational awareness, for example, through establishing minimum performance and technical standards, identifying approved vendors, and establishing an appropriate training program to train air traffic controllers employed by Contract Towers.
The FAA, in consultation with industry experts, must determine adequate liability limits for the FCT Program. Within six months of enactment (and until DOT makes a determination on liability limits), DOT must require air traffic control contractors to have excess liability insurance (to ensure continuity of such coverage should a major accident occur). DOT must brief Congress on the findings, conclusions, and actions taken and planned to be taken.
(Sec. 621) This section extends through FY2028 the FAA remote tower pilot program. A remote tower is a remotely operated air navigation facility, including all necessary system components, that provides the functions and capabilities of an air traffic control tower whereby air traffic services are provided to operators at an airport from a location that may not be on or near the airport.
This section also requires the FAA to create a program and publish milestones to achieve system design and operational approval for a remote tower system. Among other things, the FAA must establish requirements for the system design and operational approval of a remote tower and establish protocols for contingency operations and procedures in the event of remote tower technology failures and malfunctions.
The FAA must also expand the system design approval and evaluation process for a digital or remote tower system to at least three airports where a digital or remote tower will be installed. In carrying out this program, the FAA must prioritize airports that do not have a permanent air traffic control tower, would provide small and rural community air service, or have been newly accepted into the Contract Tower Program.
The FAA must brief Congress every six months on the status of the remote and digital tower projects and the pilot program.
(Sec. 622) This section requires that the FAA initiate an audit of all legacy systems of the national airspace system to determine their level of operational risk, functionality, and security and the compatibility of such systems with current and future technology. An independent third-party contractor or a federally funded research and development center must conduct the audit.
The FAA must submit a report to Congress on the findings and recommendations of the audit.
The FAA must also develop and implement a plan, in consultation with industry representatives, to accelerate the drawdown, replacement, or enhancement of any legacy systems that are identified in the audit as outdated, insufficient, unsafe, or unstable. The FAA must prioritize the drawdown, replacement, or enhancement of the systems based on the operational risks such legacy systems pose to aviation safety and the costs associated with the replacement or enhancement. The FAA must update Congress every six months on the progress made in carrying out the plan.
In addition, three years after the FAA develops the plan, the DOT OIG must assess the FAA’s efforts to drawdown, replace, or enhance any legacy systems identified in the plan and submit a report to Congress.
(Sec. 623) This section directs the FAA to enter into an agreement with a federally funded research and development center to conduct an Air Traffic Control Facility Realignment study. The study must contain recommendations related to consolidation or reorganization of air traffic control work facilities and locations. The FAA must also brief Congress on the results of the study and the recommendations.
(Sec. 624) This section directs the FAA to submit a report to Congress on the process by which air traffic control tower facilities are chosen for replacement. The FAA must also establish, maintain, and publish on the FAA website a list of all of the air traffic control tower facilities (1) replaced within the 10-year period preceding May 16, 2024; and (2) for which the FAA has made a determination requiring replacement, but for which such replacement has not yet been completed.
(Sec. 625) This section requires the FAA to establish a pilot program to convert high-activity air traffic control towers operating under the Contract Tower Program to FAA-staffed level I (Visual Flight Rules) towers. The FAA must prioritize towers that (1) had over 200,000 annual tower operations in calendar year 2022 or served a small hub airport with more than 900,000 passenger enplanements in calendar year 2021; (2) are currently owned by the FAA or are constructed to FAA standards; and (3) operate within complex airspace.
For any tower selected to be converted, the FAA must appoint to the position of air traffic controller any air traffic controller who is currently employed at the tower and meets certain qualifications.
As part of the program, the FAA must conduct a safety analysis to determine whether the conversion of any air traffic control tower negatively impacts aviation safety at the air traffic control tower and take any necessary actions. The FAA must submit a report to Congress describing (1) the results of the safety analysis and any actions taken to address any negative impacts to safety, and (2) the overall results of the pilot program.
Further, for contracts at small or medium hub airports, DOT must coordinate with the airport sponsor and the entity, state, or subdivision to provide sufficient funding for the cost of wages and benefits of at least two air traffic controllers for each tower operating shift.
(Sec. 627) The FAA must initiate a rulemaking process to establish or update low altitude routes and flight procedures to ensure safe rotorcraft and powered-lift aircraft operations in the national airspace system. The FAA must consult with various stakeholder groups, including the U.S. Helicopter Safety Team and the union representing air traffic controllers.
(Sec. 628) This section requires the FAA to consult with the National Parks Overflights Advisory Group when establishing an air tour management plan for a national park or tribal lands and consider all advice, information, and recommendations provided by the advisory group.
(Sec. 629) This section directs the FAA to enter into an agreement with a qualified organization to conduct a study to assess the need for upgrades to or replacement of existing automated surface observation systems/automated weather observing systems (ASOS/AWOS) located in non-contiguous states. The FAA must submit a report to Congress on the study’s findings, including a plan for upgrading or replacing existing ASOS/AWOS.
(Sec. 630) This section authorizes funding through FY2028, or until the FAA determines that the project has reached operational status, for the FAA to expedite the development, acquisition, and deployment of technologies or capabilities to aid in space launch and reentry integration. The objective of the project is operational readiness not later than December 31, 2026.
(Sec. 631) This section directs the FAA to update the FAA Order titled Airway Planning Standard Number One–Terminal Air Navigation Facilities and Air Traffic Control Services to lower the remote radar bright display scope installation requirement from 30,000 annual itinerant operations to 15,000 annual itinerant operations.
TITLE VII--MODERNIZING AIRPORT INFRASTRUCTURE
Subtitle A--Airport Improvement Program Modifications
(Sec. 701) This section requires DOT to encourage airport sponsors and state and local officials to develop airport master and system plans that consider the impact of hazardous weather events on long-term operational resilience. The section also specifies that the overall environmental objectives that must be considered as part of comprehensive long-range land-use plans include long-term resilience from the impact of natural hazards and severe weather events.
(Sec. 702) This section modifies and expands various definitions applicable to the Airport Improvement Program (AIP).
Further, this section expands airport development activities eligible for AIP funding to include
(Sec. 703) This section increases the maximum civil penalty liability of an airport sponsor for illegally diverting airport revenue. The FAA may recover an amount equal to double the illegal diversion in question plus interest. Currently, the maximum is the amount equal to the illegal diversion plus interest. This section only applies to illegal diversions that occur after May 16, 2024.
The FAA must also charge a minimum annual rate of interest on the amount of any illegal diversion of revenues that is equal to double the average investment interest rate for tax and loan accounts of the Department of the Treasury for the calendar year. Currently, the FAA must charge the average interest rate for the Treasury accounts.
(Sec. 704) This section extends through FY2028 competitive access disclosure requirements for AIP grant applications for large and medium hub airports. Specifically, an airport must provide assurances to DOT that it will report if it has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport to provide service or expanded service.
(Sec. 705) This section allows an airport to renew certain covered leases for the use of an airport's non-aeronautical land or facilities by the National Guard without violating revenue diversion restrictions.
(Sec. 706) This section specifies that airports may continue to allow for certain recreational and public park use of airport property without violating revenue diversion restrictions.
(Sec. 707) This section allows DOT to incorporate price adjustment provisions into AIP project grant agreements due to material or labor price increases. Also, the section ensures DOT realizes any financial benefit associated with a decrease in project material or labor costs.
(Sec. 708) This section temporarily increases the federal cost-share requirements for certain AIP grants to 95% (from 90%) of the allowable project costs for nonhub or nonprimary airport for FY2025 and FY2026.
(Sec. 709) This section amends the allowable project costs that DOT may pay before an AIP grant agreement is executed to include those necessary to prepare for an airport development project, such as utility relocation and worksite preparation. Currently, DOT may only pay costs necessary in formulating a project (e.g., field surveys and planning).
(Sec. 710) This section authorizes DOT to issue an AIP Letter of Intent (LOI) to small airports. (An LOI allows an airport sponsor to proceed with a project without waiting for future AIP grants; the FAA may reimburse all allowable costs in the LOI related to airport development. However, an LOI is not an obligation of federal funds and is subject to the availability of AIP funding.) Prior to this law, an LOI was restricted to primary or reliever airports.
(Sec. 711) This section prohibits AIP grant funds from being used to purchase passenger boarding bridges (i.e., jet bridges) from certain Chinese government entities and entities who have misappropriated U.S. intellectual property or trade secrets. The Office of the U.S. Trade Representative (USTR), the Department of Justice (DOJ), and the FAA must maintain and make publicly available a list of entities that manufacture passenger boarding infrastructure and
The USTR must annually update this list based on information provided by the DOJ and FAA.
(Sec. 712) This section revises AIP apportionment formulas. Changes include
Further, for cargo airports, apportionment is increased from 3.5% to 4%. Airports with a total annual landed weight of more than 25 million pounds are permitted to receive cargo apportionments (a decrease from 100 million pounds under current law).
This section also designates any public airport in use by an air reserve station as a primary airport in FY2025-FY2028 for purposes of additional funding under the AIP if the airport was designated as a primary airport in FY2017. Under current law, a primary airport is generally a commercial service airport that has more than 10,000 passenger boardings each year.
(Sec. 713) This section reduces the amount of AIP apportionment funding a large or medium hub airport must turn back based on the amount of passenger facility charges. For example, an airport that charges a passenger facility charge of $3 or less must turn over 40% (from 50%). An airport that charges more than $3 must turn over 60% (from 75%).
(Sec. 714) This section replaces the AIP supplemental program with a discretionary airport grant program that funds (1) airport development projects, (2) projects to increase the resilience of airport infrastructure against changing flooding or inundation patterns, or (3) projects to reduce runway incursions or increase runway or taxiway safety. DOT must brief Congress annually on the grant program.
(Sec. 715) This section provides DOT with a special carryover assumption rule. DOT may add an amount equal to one-third of the apportionment funds made available that were not required during the previous fiscal year to the discretionary fund to make discretionary funds available for grants earlier.
(Sec. 716) This section modifies the distribution formula for the small airport fund to provide not more than 25% for grants to small hub airports, not less than 25% for grants to public-use airports, and not less than 50% for grants to commercial service airports that are not larger than a nonhub airport.
This section also establishes a 5% set-aside for the construction or rehabilitation of aprons for itinerant general aviation aircraft parking.
(Sec. 717) This section revises the formulas and eligibility requirements for AIP discretionary categories. For instance, this section
(Sec. 718) This section allows the FAA to make not more than $20 million available from the discretionary fund to a nonprimary airport to pay costs for a terminal development project if DOT determines that the airport is reasonably expected to change to primary status (based on enplanement data) for the third calendar year after the issuance of a discretionary grant. This section also increases to $30 million (from $20 million) the maximum amount that the FAA may award to an airport from the discretionary fund for a terminal development project at certain nonhub airports or small hub airports.
(Sec. 719) This section specifies that DOT may only provide specific waivers related to the interest and use of land for general aviation airports if the waiver (1) will not significantly impair the aeronautical purpose of an airport, (2) will not result in the permanent closure of an airport (unless DOT determines that the waiver will directly facilitate the construction of a replacement airport), or (3) is necessary to protect or advance U.S. civil aviation interests.
(Sec. 720) This section amends requirements for the administration of the State Block Grant Program (SBGP). Under the SBGP, participating states administer AIP grants at airports classified as other than primary airports (i.e., nonprimary commercial service, reliever, and general aviation airports).
DOT must provide training or updated training materials to states participating in SBGP at no cost to the states.
DOT may not require a state participating in the SBGP to manage functions and responsibilities for airport actions or projects that are unrelated to the program unless the state expressly agrees in a memorandum of agreement (MOA). Any grant agreement under the program must be consistent with the most recently executed MOA between the state and the FAA.
Further, the FAA must accept state documentation that is equivalent to the documentation that the FAA would produce for a similar decision.
DOT must also distribute administrative funding to assist states participating in the SBGP with program implementation of airport infrastructure projects under the Infrastructure Investment and Jobs Act (IIJA).
Finally, the GAO must issue a report on the FAA's Office of Airports and the SBGP. The report must include a description of the impact of IIJA and other federal funding on the ability of states to disburse and administer AIP funds through the SBGP.
(Sec. 721) This section allows DOT to approve AIP grants for projects that use innovative financing techniques at airports that are not large hub airports. In addition, this section increases the number of grant applications that DOT may approve for these types of projects to not more than 30 (currently not more than 20).
(Sec. 722) This section adds the development of a long-term management plan for eligible vehicles and equipment as an additional priority consideration for certain applicants under the zero-emission airport vehicles and equipment program.
(Sec. 723) This section modifies the design-build program to generally cover alternative project delivery and allows for the FAA to approve AIP funds for use in such projects. This section also defines a covered project delivery contract to include (1) an agreement that provides for both the design and construction of a project by a contractor through alternative project delivery methods, including construction manager-at-risk and progressive design build; and (2) a single contract for the delivery of a whole project (that meets certain requirements).
This section also directs DOT to establish a pilot grant program for integrated project delivery contracts. Under the program, the FAA may award contracts for up to five building construction projects at U.S. airports. DOT must brief Congress about the integrated project delivery program and whether the covered project delivery contracts authorized under the program resulted in any project efficiencies.
(Sec. 724) This section extends authorization for the AIP non-movement area surveillance surface display systems pilot grant program through FY2028. These systems use on-airport sensors to track vehicles or aircraft that are equipped with transponders on portions of the airfield surface that are not under the control of air traffic control.
(Sec. 725) This section requires DOT to establish and carry out a pilot program to award grants to commercial airport sponsors for capital projects to upgrade airport accessibility for individuals with disabilities. Commercial airport sponsors must use the AIP grants to increase the number of commercial service airports, airport terminals, or airport facilities that meet or exceed the standards and regulations under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.
(Sec. 726) This section requires DOT to establish an AIP pilot program to provide grants to general aviation airports to increase the usable runway length capability at the airports. Funding for this program may come from the AIP small airport fund.
DOT must submit a report to Congress that evaluates the pilot program.
(Sec. 727) This section repeals a criminal penalty related to FAA construction of international airport facilities.
(Sec. 728) This section amends the definition of eligible air traffic system or equipment to allow 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. The amendments made by this section take effect beginning October 1, 2024.
(Sec. 729) This section requires DOT to review and update the National Priority System (NPS) prioritization formulas for AIP grants. NPS is the combination of a quantitative and qualitative evaluation of airport development used to assist in establishing and justifying AIP expenditures.
(Sec. 730) This section allows AIP grants for DOT's Disadvantaged Business (DBE) program for training and assistance programs. The DBE program provides training, assistance, and services to minority-owned small businesses to help them achieve proficiency to compete, on an equal basis, for federal aid contracts and subcontracts.
(Sec. 731) This section extends the authority for DOT to provide AIP grants for airport access roads in certain remote locations and storage facilities for certain snow removal and safety equipment (i.e., aircraft rescue and firefighting equipment).
(Sec. 732) This section requires DOT to include in the National Plan of Integrated Airport Systems (NPIAS) airports or proposed airports that are located in the most populous county of a state that does not have an airport listed in the NPIAS and meets certain additional requirements.
(Sec. 733) This section requires the FAA to revise the Airport Improvement Program (AIP) Handbook in consultation with aviation stakeholders, including airports and air carriers. Further, the FAA, in consultation with the state of Alaska, must identify and incorporate reasonable exceptions to the AIP Handbook’s general requirements in order to meet the unique circumstances, and advance the safety needs, of airports in Alaska. The FAA must also publish a draft handbook for public comment.
(Sec. 734) This section requires the GAO to audit and provide recommendations to the FAA on the FAA's airport financial reporting program. The GAO must submit a report to Congress on the audit.
(Sec. 735) This section directs the GAO to initiate a study and submit a report to Congress on the feasibility of installing and adopting certain power generation property (e.g., equipment that uses solar energy to generate electricity) at airports that receive federal funding.
(Sec. 736) This section directs the GAO to examine and submit a report to Congress on the efficacy of U.S. airports using transportation demand management strategies (i.e., 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. 737) This section directs the FAA, in coordination with the U.S. Army Corps of Engineers and the National Oceanic and Atmospheric Administration, to assess the resiliency of airports in coastal and flood-prone areas. The FAA must submit a report to Congress on the assessment and related recommendations.
(Sec. 738) This section allows DOT to require an applicant to submit a benefit-cost analysis under the Airport Investment Partnership Program. If DOT does require the benefit-cost analysis, DOT must issue a preliminary and conditional finding within a specified period of time and that meets certain requirements.
(Sec. 739) This section requires DOT to allow a privately owned reliever airport that is identified as unclassified in the National Plan of Integrated Airport Systems, 2023-2027, the option to request reclassification according to the criteria used to classify a publicly owned airport.
(Sec. 740) This section requires that the FAA to produce an engineering brief that describes the acceptable use of permanent solar powered taxiway edge lighting systems at regional, local, and basic general aviation airports.
(Sec. 741) This section directs the FAA to consider approving grants for projects under the Infrastructure Investment and Jobs Act for nonhub or small hub airports to extend secondary runways, notwithstanding the level of operational activity at those airports.
(Sec. 742) This section permits AIP funds to be used to reimburse an airport sponsor for the cost of conducting an airport energy assessment of the airport's current and future energy requirements and existing energy infrastructure. This section also requires DOT to provide AIP grants to airport sponsors to conduct airport development to improve energy efficiency, increase peak load savings at the airport, and meet future electrical power demands.
(Sec. 743) This section specifies the scope of DOT’s authority to review and approve or disapprove airport layout plans for projects on land acquired without federal assistance. Specifically, DOT may only review the portions of the plan that impact and affect airport safety and efficiency and that adversely affect the value of prior federal investments. This section also establishes a process for an airport owner or operator to notify DOT of the intent to proceed with certain proposed projects that are outside of DOT’s review and approval authority.
Further, this section expands DOT’s authority to review and approve or disapprove airport layout plans before the plan, or any revision or modification, takes effect. Specifically, this section removes the requirement that DOT only review portions of the plan that (1) materially impact the safe and efficient operation of aircraft, (2) adversely affect the safety of people or property on the ground as a result of aircraft operations, or (3) adversely affect the value of prior federal investments to a significant extent.
(Sec. 744) This section requires the FAA to consider specific additional factors when making a hazard determination related to proposed construction or alterations on non-airport owned land that is within three miles of certain airports. Factors for the FAA to consider in the evaluation of cumulative impacts include (1) the accumulation and spacing of structures that might constrain radar or communication capabilities; and (2) the safety risks of lasers, lights, or light sources.
In addition, the section specifies requirements for a notice submitted to the FAA regarding proposed construction or alterations. The section requires the notice to include actual designs of an entire project and property, without regard to whether a proposed construction or alteration within three miles of the end of a runway of an airport and runway centerlines as depicted in the FAA-approved Airport Layout Plan of the airport is limited to a singular location on a property. If there are any changes to the designs or additions of equipment, such as cranes used to construct a building, after submission of the notice, all information included with the notice submitted before the change or addition must be resubmitted, along with information regarding the change or addition.
The section provides that, unless it is extended, revised, or terminated, each determination of no hazard issued by the FAA expires 18 months after the effective date, or on the date the proposed construction or alteration is abandoned, whichever is earlier. It also authorizes the FAA to develop a single set of One Engine Inoperative surface criteria that is specific to an airport.
This section applies only to an airport in a county adjacent to two states with converging intersecting cross runway operations within 12 nautical miles of an Air Force base.
(Sec. 745) This section allows DOT to establish a pilot program to provide funding for up to 10 public-use airports for electric aircraft infrastructure (e.g., electric vehicle charging equipment). The program includes the (1) acquisition, operation, and installation of equipment to support electric aircraft operations; and (2) construction or modification of infrastructure to allow for power delivery or services for electric aircraft.
(Sec. 746) This section specifies that nothing in this act shall be construed to prevent airports from (1) engaging in curb management practices, (2) installing and maintaining curb zones, or (3) enforcing curb zones using specific technologies and issuing vehicle citations by mail.
(Sec. 747) This section provides that funds made available through the Airport Improvement Program are not subject to public notice of funding opportunity requirements.
(Sec. 748) This section requires the FAA, to the maximum extent practicable, to award AIP runway safety project grants in a way that (1) reduces unnecessary or undesirable project segmentation, and (2) completes the entire project in an expeditious manner.
(Sec. 749) This section requires the FAA to update certain airport diagram 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. The FAA must also encourage the Interagency Air Committee to incorporate the use of these terms.
(Sec. 750) This section directs the GAO to conduct a study to review the efforts of fixed based operators (FBOs) to meet their commitments to improve online price and fee transparency and enhance the customer experience for general and business aviation users. The GAO must submit a report to Congress on the results of the review. (In general, an FBO is a business granted the right by the airport to operate fueling facilities, hangars, aircraft tie-downs, aircraft rental, aircraft maintenance, flight instruction, and other aeronautical services at an airport.)
(Sec. 751) This section directs DOT to publish data on participation in the Disadvantaged Business Enterprise (DBE) program on a publicly accessible website. The DBE program seeks to offer small disadvantaged businesses (i.e., certified owned and controlled by socially and economically disadvantaged individuals) a fair opportunity to compete for federally funded transportation contracts.
Specifically, DOT must publish data for each airport sponsor beginning with FY2025 from (1) the Uniform Report of DBE Commitments/Awards and Payments, and (2) the Uniform Report of Airport Concessions Disadvantaged Business Enterprise (ACDBE) Participation for non-car rental and car rental concessions.
(Sec. 752) This section prohibits DOT from requiring an airport to shorten the length or width of the runway, apron, or taxiway as a condition of the airport receiving federal financial assistance if the airport directly supports a base of the U.S. Air Force or the Air National Guard, regardless of the stationing of military aircraft.
(Sec. 753) This section requires the FAA, in consultation with the Department of State, to submit a report to Congress on airports of strategic importance in the Indo-Pacific region. The report must also include any recommendations for improving the security, resilience, and efficiency of the identified airports and air routes.
(Sec. 754) This section directs the GAO to conduct a study on the implementation of grants provided to airports located in the Marshall Islands, Micronesia, and Palau.
(Sec. 755) This section directs the GAO to conduct a study and submit a report to Congress on transit access to airports, including accessibility and other potential barriers for individuals.
(Sec. 756) This section directs the FAA to release the city of Banning, California, from all restrictions, conditions, and limitations on Banning Municipal Airport related to the use, encumbrance, conveyance, and closure of the airport. The city must transfer certain reimbursements and equipment to the U.S. government prior to the FAA release.
(Sec. 757) This section provides statutory authority for the FAA policy regarding the FAA’s role in a disputed change in airport sponsorship at federally obligated, publicly owned airports. This section also specifies the conditions under which the FAA may approve any disputed change of airport sponsorship.
(Sec. 758) This section requires that any multimodal airport development project funded under the Infrastructure Investment and Jobs Act abide by procurement regulations applicable to (1) the FAA; and (2) the component of the project related to transit, highway, or rail.
In the case of a multimodal airport development project that involves multiple transit, highway, or rail components, the project must only be required to apply the procurement regulations applicable to the component where the greatest amount of federal financial assistance will be expended.
(Sec. 759) This section authorizes DOT to issue a Deed of Release to Arizona related to the Quitclaim Deed between the United States and the state of Arizona, dated July 11, 1949, related to the Buckeye 940 property. This Quitclaim deed prevents the land from being used for anything other than airport purposes. Currently owned by Arizona and held in trust for the beneficiaries of the Arizona State Land Trust, Buckeye 940 includes two pieces of property located in Gila and Salt River Meridian, Arizona.
This section also permits Arizona to deposit all proceeds from the disposition of Buckeye 940 in a fund for the benefit of Arizona State Land Trust beneficiaries. Further, the Deed of Release includes the release of all U.S. interests in the mineral rights on Buckeye 940 that are included in the Quitclaim Deed.
(Sec. 760) This section requires the FAA, in consultation with the Department of Homeland Security and the Department of Defense, to submit a study to Congress on the Special Flight Rules Area and the Flight Restricted Zone. Specifically, the FAA must assess proposed changes that will decrease operational impacts and improve general aviation access to airports in the National Capital Region that are currently impacted by the Special Flight Rules Area and the Flight Restricted Zone.
The FAA must also brief Congress on the feasibility of installing additional equipment and allowing pilots to electronically file certain documents.
(Sec. 761) This section directs the GAO to conduct a study on air cargo operations in Puerto Rico, including the economic impact of DOT-authorized waivers related to air cargo operations and airport infrastructure improvements that may be needed at Puerto Rico's international airports to support increased air cargo operations. The GAO must submit a report to Congress on the results of the study.
(Sec. 762) This section requires the FAA to submit regular progress reports to Congress on the development and implementation of a national transition plan related to fluorine-free firefighting foam. (Fluorine-free foams do not contain any perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS.)
Specifically, the FAA reports must include information on the development and implementation of a national transition plan for a fluorine-free firefighting foam that meets certain performance standards for use at Part 139 airports. (Part 139 airports include airports that serve scheduled and unscheduled air carrier operations for aircraft with more than 30 seats or serve scheduled air carrier operations for aircraft with 10-30 seats.)
The reports must also assess the progress in providing airports that are not Part 139 airports and local authorities with responsibility for inspection and oversight with guidance relating to the use of fluorine-free firefighting foam at such airports.
The FAA must submit a progress report to Congress every 180 days until the FAA completes the development and implementation of the national transition plan.
(Sec. 763) This section directs the FAA to submit a report to Congress on the FAA’s activities with respect to part 157 notices (i.e., required notices of construction, alteration, activation, or deactivation of a civil or military airport). The report must include information on the FAA’s activities related to (1) collecting more accurate data in part 157 notices; and (2) making the FAA’s database more accurate and useful for aircraft operators, particularly for helicopter and rotary wing type aircraft operators.
(Sec. 764) This section directs DOT to brief Congress on specific actions DOT and the FAA can take to expand access for lower cost passenger air carriers to U.S. airports that are capacity-constrained. Additional information must be provided on John F. Kennedy International Airport and LaGuardia Airport in New York and Newark Liberty International Airport in New Jersey.
(Sec. 765) This section directs the FAA to initiate a study and submit a report to Congress on regional airport capacity. The report must include recommendations for legislative or administrative action, as appropriate.
(Sec. 766) This section allows the FAA to conduct a study to determine the feasibility and economic viability of autonomous or electric-powered track systems for use at airports in certain circumstances. If the FAA conducts a study, the FAA must brief Congress on the results of the study.
(Sec. 767) This section directs DOT, in consultation with the Environmental Protection Agency, to provide grants to eligible airports for a per- and polyfluoroalkyl substances (PFAS) replacement program for firefighting foams and related required aircraft rescue and firefighting equipment. DOT may reimburse airport sponsors up to $2 million for the reasonable and appropriate costs incurred on or after September 13, 2023 (when the FAA authorized the use of fluorine-free firefighting foams on Part 139 airports).
To be eligible under the grant program, an airport sponsor must carry out all actions related to the acquisition, disposal, and transition to approved fluorine-free firefighting foams, including the cleaning and disposal of equipment, in full compliance with all applicable federal laws.
(Sec. 768) This section extends Buy America restrictions to the use of federal funds for airport-related projects to acquire certain rolling stock (e.g., buses, vans, cars, railcars, and buses) that is manufactured by an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in certain foreign countries. This prohibition specifically extends to Chinese manufactured rolling stock, including to those corporations with a minority relationship or investment that involves a corporation based in China.
(Sec. 769) This section directs the FAA to update aircraft rescue and firefighting requirements to ensure that at least one individual at a small, medium, or large hub airport maintains certification at the emergency medical technician basic level or higher. Further, the FAA must conduct a review of airport environments and related regulations to evaluate sufficient staffing levels necessary for firefighting, rescue, and emergency medical services and response at Part 139 airports. The FAA must submit a report to Congress on the review.
(Sec. 770) This section requires (for the purposes of receiving an AIP grant) airports that offered 100-octane low lead aviation gasoline during calendar year 2022 to continue offering such gasoline until the earlier of (1) December 31, 2030; or (2) the date on which an unleaded aviation gasoline is available at the airport that meets certain standards. A person in violation of this provision is subject to civil penalties.
(Sec. 771) This section prohibits the FAA and the EPA from restricting the continued use or availability of 100-octane low lead aviation gasoline in Alaska until the earlier of (1) December 31, 2032; or (2) six months after the FAA finds that an unleaded aviation fuel that meets certain requirements is widely commercially available at airports throughout Alaska. The GAO must conduct an evaluation on transitioning to unleaded aviation fuel in Alaska and submit a report to Congress.
(Sec. 772) This section provides that any amendments to the Airport Improvement Program apportionment and discretionary formulas made by this act do not apply before the start of FY2025 (except as they relate to the extension of provisions or authorities expiring on May 10, 2024, or May 11, 2024).
(Sec. 773) This section prohibits the FAA from using FY2024-FY2028 funds to process or administer any application for the joint use of Homestead Air Reserve Base in Homestead, Florida, by the Air Force and civil aircraft.
(Sec. 774) This section requires (for the purposes of receiving an AIP grant) that medium and large hub airports must install and maintain at least one private, single-use room with a universal changing station (i.e., universal or adult changing station) that meets certain standards. This requirement takes effect in FY2030.
Further, the U.S. Access Board must establish (1) comprehensive accessible design standards for universal changing tables; and (2) standards on the privacy, accessibility, and sanitation equipment of the room in which such a table is located. The Access Board must consult with entities with appropriate expertise on universal changing stations used by individuals with disabilities.
(Sec. 774A) This section requires DOT to establish an airport human trafficking prevention grant program. The program must provide grants to the 75 U.S. airports with the highest number of passenger enplanements annually and other airports that serve areas with a high prevalence of human trafficking to address human trafficking awareness, education, and prevention efforts.
(Sec. 774B) This section directs the GAO to conduct a study on the challenges faced by nonhub airports not designated as essential air service communities. GAO must recommend ways to help secure and retain flight schedules using existing federal programs, such as the DOT Small Community Air Service Development program. The GAO must submit the report and any recommendations for legislation and administrative action to Congress.
Subtitle B--Passenger Facility Charges
(Sec. 775) This section allows for additional permitted uses of passenger facility charge revenue for a project (1) at a small hub airport for a noise barrier to address new airport development, or (2) to replace existing workspace elements related to the relocation of a federal agency on airport grounds due to a terminal development or renovation project.
(Sec. 776) This section makes permanent and modifies a Passenger Facility Charge (PFC) pilot program intended to streamline the process for authorizing eligible airport agencies to impose a PFC. Under this program, an airport agency may file a notice of their intent to impose and use a PFC rather than file an application to do so. The section includes specific grounds for when, under this streamlined process, the FAA may object to a PFC for a project (e.g., it establishes significant policy precedent or serves no aeronautical purpose).
The FAA must initiate rulemaking to implement the PFC streamlined procedures within 120 days of enactment. The current pilot program guidance, issued on January 22, 2020, remains in place (including any modification to such guidance necessary to conform with the amendments made by this section) until the effective date of the final rule.
Subtitle C--Noise And Environmental Programs And Streamlining
(Sec. 781) This section provides DOT the option of consulting with the Department of the Interior and the Environmental Protection Agency (EPA) 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 natural resources, water and air quality, or the environment. Prior to this act, DOT was required to consult with these agencies.
(Sec. 782) This section repeals the requirement that airport sponsors must receive emission credits for carrying out Airport Improvement Fund air quality projects, making provision of the emission credits optional.
(Sec. 783) This section expands and establishes new requirements and deadlines for the FAA’s coordination of the environmental review for aviation projects as part of One Federal Decision, a policy that requires federal agencies to coordinate environmental reviews and authorization decisions for major infrastructure projects. The section applies to airport capacity enhancement projects, terminal development projects, general aviation airport construction or improvement projects, and certain aviation safety projects.
In general, the FAA must take the lead on coordinating and scheduling the environmental review process under the National Environmental Policy Act of 1969 (NEPA) and ensure that environmental reviews are occurring concurrently with each other. Further, the FAA must ensure that all federal permits and reviews for a project rely on a single NEPA document.
(Sec. 784) This section provides a definition for terminal development.
(Sec. 785) This section extends a DOT pilot program for environmental mitigation grants to airports through FY2028. The program provides grants to public-use airports for projects that will measurably reduce or mitigate the aviation impacts on noise, air quality, and water quality at the airport or within five miles of the airport.
(Sec. 786) This section requires that the FAA review and revise the regulations on airport noise exposure maps and airport noise compatibility programs to reflect all relevant laws and regulations. The FAA must also clarify existing and future noise policies and standards and seek feedback from airports, airport users, and individuals living in the vicinity of airports and in airport adjacent communities before implementing changes to any noise policies or standards. The FAA must brief Congress every six months on the review.
(Sec. 787) This section directs the FAA to consider specific actions to reduce undesirable aircraft noise when implementing or substantially revising a flight procedure. The actions include (1) implementing flight procedures that mitigate the impact of aircraft noise, (2) working with airport sponsors and impacted neighboring communities to establish or modify arrival and departure routes, and (3) discouraging local encroachment of residential or other buildings near airports that could create future aircraft noise complaints or impact airport operations or aviation safety.
(Sec. 788) This section establishes a presumption that actions by the FAA to approve, permit, finance, or otherwise authorize specific eligible airport projects by a public use airport are covered by a categorical exclusion for purposes of NEPA. (In general, categorical exclusions are a category of actions that the agency has determined do not have a significant effect on the human environment and, thus, do not require either an environmental assessment or an environmental impact statement).
Eligible projects are those that (1) receive less than $6 million (adjusted annually for inflation) of federal funds, (2) have a total estimated cost of not more than $35 million (adjusted annually for inflation) and federal funds comprising less than 15% of the total estimated project cost, or (3) are for certain emergencies and extraordinary circumstances.
(Sec. 789) This section requires the FAA to update the agency's list of actions that are presumed to conform to a state's EPA-approved State Implementation Plan (SIP) to include projects relating to the construction of aircraft hangars. (A SIP is a state's detailed description of the regulations, programs, and measures the state will use to reduce air pollution in the state and to fulfill its responsibilities under the Clean Air Act to attain the National Ambient Air Quality Standards for all criteria air pollutants in the state within legally required time frames.)
(Sec. 790) This section directs the GAO to conduct a study on reducing rotorcraft (e.g., helicopter) noise in the District of Columbia. The GAO must brief Congress on preliminary observations, with a report to follow containing the contents of the study and any recommendations.
(Sec. 791) This section directs the FAA to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for the National Research Council to study and examine airborne ultrafine particles (UFP) and the effect of such particles on airport-adjacent communities. The study must focus on large hub airports, examine potential health effects associated with elevated UFP exposures, and consider the concentration of UFPs resulting from various aviation fuel sources. The study must also identify measures intended to reduce the release of UFPs.
The FAA must submit a report with recommendations to Congress.
(Sec. 792) This section directs the FAA to establish an Aircraft Noise Advisory Committee to advise the FAA on issues facing the aviation community that are related to aircraft noise exposure and existing FAA noise policies and regulations. The committee’s duties include the assessment of alternative noise metrics that could be used to supplement or replace the existing Day Night Level standard and the evaluation of current noise mitigation strategies.
The committee must submit a report and recommendations to the FAA. The FAA must submit a report to and brief Congress on the committee’s recommendations.
(Sec. 793) This section directs the FAA to continue existing community engagement activities under the designation of a Community Collaboration Program. Specifically, the FAA must facilitate and harmonize the FAA’s community engagement policies and procedures that relate to airport planning and development, noise and environmental policy, NextGen implementation, air traffic route changes, and the integration of new and emerging entrants.
As part of the program, the FAA must also implement GAO recommendations from September 2021 to improve the FAA’s outreach to local communities impacted by aircraft noise. The FAA must brief Congress on the implementation.
(Sec. 794) This section directs the FAA to establish a mechanism to make helicopter noise complaint data for the Washington, DC, area more accessible. Under this section, the Washington, DC, area is the area inside of a 30-mile radius surrounding Ronald Reagan Washington National Airport.
Specifically, the FAA must establish a mechanism to make helicopter noise complaint data (1) accessible to the FAA; (2) accessible to helicopter operators operating in the Washington, DC, area; and (3) available on a public website. Any helicopter operator operating in the Washington, DC, area must, to the extent practicable, provide helicopter noise complaint data to the FAA through this mechanism.
(Sec. 795) This section directs the GAO to initiate a study to examine ways in which a state, territorial, or local government may mitigate the negative impacts of commercial helicopter noise. The GAO must provide the FAA and Congress with a report on the findings.
TITLE VIII--GENERAL AVIATION
(Sec. 801) This section amends the Pilot's Bill of Rights to require the FAA to provide timely, written notification to a pilot who is subject to a reexamination of an airman certificate. The notification must include (1) the nature of the reexamination and the specific activity on which the reexamination is necessitated, (2) specific information on the required timing of the reexamination, and (3) when an oral or written response to the notification from the FAA is not required.
This section specifies that, if the reexamination is not conducted after one year from the date of notice, an airman’s certificate may be suspended or revoked. Nothing in this section prohibits the FAA from reexamining an airman in specified circumstances.
(Sec. 802) This section directs the GAO to conduct a study and report to Congress on the implementation of the Pilot's Bill of Rights, including the application of the Federal Rules of Civil Procedure and the Federal Rules of Evidence to National Transportation Safety Board covered proceedings.
(Sec. 803) This section requires the FAA to (1) establish and update a process to withhold from any broad dissemination or display an aircraft’s registration number (and other identifiable data or information of the aircraft owner or operator) upon request of a private aircraft owner or operator for their noncommercial flights; and (2) establish a procedure for a private aircraft owner or operator to request that the FAA withhold from broad dissemination or display their personally identifiable information, including on an FAA publicly available website (e.g., the online FAA Registry).
The FAA must also establish a program for aircraft owners and operators to apply for a new International Civil Aviation Organization (ICAO) aircraft identification code based on a safety or security need for the new code.
(Sec. 804) This section requires the FAA to review the process for reserving aircraft registration numbers to ensure that members of the general public are offered an equal opportunity to obtain specific aircraft registration numbers.
(Sec. 805) This section requires that , within two years of the FAA issuing a letter of investigation, the FAA must (1) issue a final determination on the investigation and pursue subsequent action, or (2) close the investigation. If the FAA determines that the time provided to make a final determination or close such investigation is insufficient, the FAA must approve a two-year extension of the investigation. This section also specifies that the FAA may not delegate the authority to approve an extension to anyone other than people in FAA leadership positions.
(Sec. 806) This section requires the FAA to allow for the authorizations for all types and makes of experimental high performance single-engine and multi-engine piston-powered aircraft.
(Sec. 807) This section amends the Pilot's Bill of Rights to provide that, if an individual decides to respond to an FAA Letter of Investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate, the individual has 30 days to respond following receipt of the letter.
(Sec. 808) This section directs the FAA to initiate a study to determine the number of aircraft and other aerial vehicles operating in U.S. airspace that are not equipped with Automatic Dependent Surveillance–Broadcast out equipment (ADS–B out). The FAA must brief Congress on the study.
The FAA must also establish, in coordination with National Aeronautics and Space Administration (NASA) and the Federal Communications Commission, an interagency coordination program to advance vehicle-to-vehicle link initiatives.
(Sec. 809) This section prohibits the FAA from applying current minimum safe altitude regulations in any manner that requires a pilot to continue an unsafe landing. Under current law, the minimum safe altitude regulations allow for an exception from these requirements when it is necessary for takeoff or landing.
(Sec. 810) This section directs the FAA to prepare a report (with the advice of industry groups, including pilots, aircraft owners, and avionics manufacturers) on the development of a suitable position reporting system for voluntary use in certain airspace.
(Sec. 811) This section allows the FAA to coordinate with the General Aviation Joint Safety Committee to establish an Airshow Safety Team. The team must (1) analyze airshow and aerial event accidents and incidents; (2) publish and update every two years an Airshow Safety Plan; and (3) engage the airshow and aerial event community to communicate non-regulatory, proactive safety strategies and discuss best practices.
(Sec. 812) This section permits an aircraft to be operated on or after the expiration date on the aircraft’s certificate of registration as if it were not expired, so long as the operator is awaiting a pending registration renewal application and meets additional criteria.
(Sec. 813) This section permits an individual to obtain a temporary airman certificate (either electronic or physical) from the FAA while waiting for a requested permanent replacement airman certificate. An individual must destroy the temporary airman certificate upon receipt of the permanent replacement airman certificate.
(Sec. 814) This section excludes a flight instructor, registered owner, lessor, or lessee of a covered aircraft from having to obtain a letter of deviation authority from the FAA to allow, conduct, or receive flight training, checking, and testing in that aircraft in specific circumstances. These circumstances include if (1) the flight instructor is not providing both the training and the aircraft; (2) the aircraft is not advertised or broadly-offered for flight training, checking, or testing; and (3) no person receives compensation for use of the aircraft for a specific flight during which these services are received (other than expenses for owning, operating, and maintaining the aircraft). Covered aircraft are experimental category aircraft, limited category aircraft, and primary category aircraft.
(Sec. 815) This section allows a pilot examiner to administer a practical test or proficiency check under BasicMed if the examiner is otherwise qualified (i.e., meets the medical qualification requirements) to act as pilot in command of the covered aircraft (i.e., an aircraft that can carry not more than six people and has a maximum certificated takeoff weight of not more than 6,000 pounds).
As background, the BasicMed program is an alternate way for pilots to fly without holding an FAA medical certificate as long as they meet certain requirements.
(Sec. 816) This section requires the FAA to ensure that the designee locator search functions on the FAA's Designee Management System (DMS) public website have the necessary functionality. This includes the ability to (1) filter a designee search for an Aviation Medical Examiner by sex if such information is available; and (2) display the credentials, aircraft qualifications, and scheduling availability of a designated pilot examiner. (The DMS is a web-based tool designed to standardize the management process and oversight of designees who are representatives of the FAA and authorized to perform certain certification related tasks, including related exams, testing, and inspections.)
(Sec. 817) This section requires the FAA to reduce and maintain the Civil Aviation Registry's backlog of aircraft registration and recordation so that applications are processed, on average, within 10 business days of receipt.
(Sec. 818) This section seeks to reduce the backlog in Part 135 FAA air carrier certificate applications. (In general, Part 135 operators encompass scheduled commuter flight operations using small aircraft, generally having nine or fewer passenger seats, or charter operations in aircraft having 30 or fewer passenger seats.)
By May 16, 2025, the FAA must maintain an average air carrier certificate application acceptance or rejection time of less than 60 days. By May 16, 2026, the FAA must maintain an average applications acceptance or rejection time of less than 30 days. This section further allows the FAA to assign additional personnel or support staff to the backlog.
(Sec. 819) This section requires the FAA to establish a Part 135 aircraft conformity working group to study methods and make recommendations to clarify requirements and standardize the process for conducting and completing aircraft conformity processes. The FAA must brief Congress on the progress of the working group and any recommendations.
(Sec. 820) This section requires the FAA to issue a final rule for rulemaking activity published in Fall 2022 on flight instructor certificates that (1) removes the expiration date on a flight instructor certificate, and (2) requires that a flight instructor have appropriate recent experience to exercise the privilege of the flight instructor certificate (replacing current requirements to renew the certificate).
(Sec. 821) This section requires the DOT Office of Inspector General (OIG) to initiate FAA audits of the Flight Standards Service and Aircraft Certification Service, and the personnel of these offices, on the consistency of the interpretation and application of policies, orders, guidance, and regulations.
Audits and reports must be submitted to Congress and the FAA about supplemental type certificates, repair stations certificated under Part 145, and technical standards orders. In addressing any DOT OIG recommendations, the FAA may maintain an implementation plan and broadly adopt any best practices.
(Sec. 822) This section requires the FAA to ensure consistency in the application of policies, orders, and guidance. This includes through (1) audits of the application and interpretation of such material by FAA personnel from person to person and office to office; (2) updating policies, orders, and guidance to resolve inconsistencies and clarify demonstrated ambiguities; and (3) ensuring officials are properly documenting findings and decisions throughout a project.
(Sec. 823) This section expands the membership of the Regulatory Consistency Communications Board to include FAA representatives from the Office of Airports, the Office of Security and Hazardous Materials Safety, and the Office of Rulemaking and Regulatory Improvement. The board may also submit recommendations to the Assistant Administrator for Rulemaking and Regulatory Improvement for consideration.
(Sec. 824) This section directs the FAA to issue a final rule for the rulemaking titled Modernization of Special Airworthiness Certification and published in Fall 2022. The FAA rulemaking would amend rules for the manufacture, certification, operation, maintenance, and alteration of light-sport aircraft.
(Sec. 825) This section specifies that helicopter fuel system crash resistance requirements only apply to helicopters, not all rotorcraft. An exemption from these requirements is added for helicopters issued an experimental certificate or that are operating under a Special Flight Permit.
(Sec. 826) This section allows public aircraft that are under the direct operational control of forestry and fire protection agencies to log pilot flight times. This applies to flight time acquired by a pilot while engaged on an official forestry or fire protection flight (i.e., in the same manner as aircraft under the direct operational control of a federal, state, county, or municipal law enforcement agency).
This section applies as if enacted on October 5, 2018. The FAA must make such regulatory changes as are necessary.
(Sec. 827) This section requires the FAA to continue to partner with industry and other stakeholders in carrying out the Eliminate Aviation Gasoline Lead Emissions Initiative (the EAGLE Initiative).
For example, the FAA must facilitate (for piston-engine aircraft) the
The FAA must submit an initial report to Congress that includes an update on the strategic plan for maintaining a fleet authorization process for the efficient approval and authorization of eligible piston-engine aircraft and engine models to operate using unleaded aviation gasolines in a manner that ensures safety. The FAA must also brief Congress annually on the activities and progress of the EAGLE Initiative.
(Sec. 828) This section allows pilots of additional small aircraft to participate in the FAA BasicMed program. (The BasicMed program is an alternate way for pilots to fly without holding an FAA medical certificate as long as they meet certain requirements).
Specifically, pilots may participate in BasicMed who operate an aircraft authorized to carry up to six passengers (currently, five passengers), carry not more than seven occupants (currently, six occupants), and that has a maximum certificated takeoff weight of 12,500 pounds (currently, 6,000 pounds).
The FAA, in coordination with the National Transportation Safety Board, must submit a report to Congress that describes the effect of the issued regulations.
(Sec. 829) This section prohibits the FAA from initiating an investigation on a person, excluding a criminal investigation, based exclusively on automatic dependent surveillance-broadcast (ADS-B) data. The section does not prohibit 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. (ADS–B is an advanced surveillance technology that combines an aircraft's positioning source, aircraft avionics, and a ground infrastructure to create an accurate surveillance interface between aircraft and air traffic control.)
(Sec. 830) This section specifies that an FAA exemption that allows a volunteer pilot organization to reimburse private pilots for fuel costs and airport fees for providing charitable transportation must be valid for five years, with exceptions. Further, this section allows a volunteer pilot organization to impose additional safety requirements on a volunteer pilot without (1) being considered an air carrier or commercial operator, or (2) constituting common carriage.
(Sec. 831) This section requires the GAO to review applicable laws, regulations, and policies on charitable flight operations, including fuel cost reimbursement, petitions for exemptions from certain regulations to allow associated fuel costs to be reimbursed, and charitable flights conducted without an exemption. The GAO must also make recommendations to the FAA to improve the rules, policies, and guidance about charitable flight operations. The GAO must submit a report to Congress.
(Sec. 832) This section deems that the following individuals are not operating an aircraft carrying persons or property for compensation or hire: (1) individuals acting as an authorized additional pilot during Phase I flight testing of an experimental aircraft, and (2) individuals who use or authorize the use of aircraft for this purpose.
(Sec. 833) This section requires the FAA to establish an office to provide national coordination and oversight of designated pilot examiners. The office's responsibilities include (1) supporting the standardization of policy, guidance, and regulations across the FAA for the selection, training, duties, and deployment of designated pilot examiners; (2) developing an examiner code of conduct; and (3) facilitating a partnership with industry to create a formal examiner mentorship program.
The FAA must submit a biennial report to Congress that evaluates the use of designated pilot examiners for testing (including both written and practical tests).
(Sec. 834) This section directs the FAA to issue a notice of proposed rulemaking concerning whether to revise specific supplemental oxygen mask requirements for pilots aboard pressurized aircraft operating under Part 135 if the aircraft is flying below 41,000 feet. For example, current requirements include that a pressurized aircraft operating above 35,000 feet must have at least one pilot at the controls wearing an oxygen mask.
TITLE IX--NEW ENTRANTS AND AEROSPACE INNOVATION
Subtitle A--Unmanned Aircraft Systems
(Sec. 902) This section expands allowable operations for small unmanned aircraft in the Arctic to include aircraft that weigh 55 pounds or more.
(Sec. 903) This section makes technical corrections to small unmanned aircraft safety standards.
(Sec. 904) This section extends through FY2028 the FAA's airport safety and airspace hazard mitigation and enforcement program to test and evaluate technologies or systems that detect and mitigate potential aviation safety risks posed by Unmanned Aircraft Systems (UAS, also known as drones). This section also specifies that the FAA may deploy these technologies at other locations the FAA deems appropriate.
(Sec. 905) This section requires the FAA, in coordination with the Department of Defense and other federal agencies, to establish a pilot program to (1) make airspace data feeds containing controlled unclassified information available to qualified users, and (2) authorize qualified users to receive airspace data feeds containing controlled unclassified information related to air traffic within the national airspace system. The FAA must brief Congress annually on the findings of the pilot program.
(Sec. 906) This section directs the GAO to conduct a study on the technologies and methods that may be used by UAS operators to detect and avoid manned aircraft operating 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. As part of the study, the GAO must consult with aviation stakeholder representatives and state and local governments. The GAO must submit a report to Congress on the study.
(Sec. 907) This section directs the FAA to review and evaluate the final rule titled Remote Identification of Unmanned Aircraft, issued on January 15, 2021, to determine whether unmanned aircraft manufacturers and operators can meet the rule's intent through alternative means of compliance, including through network–based remote identification. The FAA must submit a report to Congress on the results of the evaluation.
The 2021 FAA final rule generally requires most nonmilitary drones to broadcast position information and a unique identifier, referred to as Remote ID. This can be accomplished through built-in capabilities generally required for drones manufactured since September 2022, via Remote ID modules affixed to drones without built-in capabilities, or by operating within the confines of an FAA-recognized identification area (like a model aircraft park).
(Sec. 908) This section directs the FAA to adopt a performance-based and risk-based approach in reviewing specific waiver requests for the operation of small UAS. (A small unmanned aircraft weighs less than 55 pounds on takeoff.)
The FAA must improve the current established process to submit small UAS waiver requests. The section prohibits the FAA from requiring the use of open-ended descriptive prompts that must be filled out by an applicant, with exceptions.
Further, the FAA must leverage data gathered from previous waiver requests. If the FAA determines that a waiver application is substantially similar to a previously approved application, the FAA may streamline approval of the waiver application.
In determining whether to issue a waiver certificate, the FAA must (1) consider whether the waiver applicant has control over access to all real property on the ground within the area of the UAS's operation, and (2) account for the safety enhancements of such access.
The FAA must also establish an expedited review process for a request to modify or renew a waiver. The FAA must publish all issued waivers on the FAA website.
(Sec. 909) This section directs the FAA to publish UAS-specific environmental review guidance and implementation procedures. The guidance must include processes that allow for the prioritization of project applications and activities that (1) offset or limit the impacts of non-zero emission activities, (2) offset or limit the release of environmental pollutants to soil or water, or (3) demonstrate other factors that benefit human safety or the environment.
The FAA must also examine and integrate programmatic-level approaches to meeting the requirements of the National Environmental Policy Act of 1969 (NEPA).
The FAA must periodically consult with the Council on Environmental Quality (CEQ) to identify actions that are appropriate for a new categorical exclusion (CE) and incorporate such actions into the FAA Order on Environmental Impacts: Policies and Procedures to more easily allow for safe commercial operations of unmanned aircraft. (A CE is a class of actions that the FAA has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is normally required.)
Until the FAA finalizes the noise certification requirements for UAS, the FAA (1) must waive the determination of compliance with specific noise standards for an applicant seeking a UAS type and airworthiness certification; and (2) may not deny, withhold, or delay such certifications due to the absence of a noise certification if the FAA has developed appropriate noise measurement procedures for unmanned aircraft, and received from the applicant the noise measurement results based on such procedures.
The FAA must develop and establish substantive criteria and standard metrics to determine whether to approve an application for the airworthiness of an unmanned aircraft based on specific noise standards. In establishing the criteria and metrics, the FAA must include noise impacts.
The section also requires the FAA to (1) conduct certain environmental assessments related to UAS concurrently, and (2) allow for the engagement of approved specialized third parties to support the preparation and review of certain documentation related to NEPA requirements to ensure streamlined timelines for complex reviews.
(Sec. 910) This section requires the FAA, in coordination with the Forest Service and the National Aeronautics and Space Administration, to develop a plan for the use of UAS by public entities in wildfire response efforts, including wildfire detection, mitigation, and suppression. The plan must provide recommendations to identify and designate public land areas with high potential for wildfires where public entities may conduct UAS operations beyond visual line of sight.
The FAA must publish the plan on the agency's website.
The FAA must also provide a liaison to the National Interagency Fire Center to facilitate the implementation of this plan and the use of manned and unmanned aircraft in wildfire response efforts.
(Sec. 911) This section directs DOT to establish a pilot program to supplement DOT inspection and oversight activities with UAS in order to increase employee safety, enhance data collection, increase the accuracy of inspections, and reduce costs. As a program participant, the FAA must evaluate the use of UAS to inspect ground-based aviation infrastructure, which may require visual inspection, in hard-to-reach areas (e.g., air traffic control towers and communication facilities).
DOT must provide Congress with annual briefings on the program. DOT must also submit a report to Congress on the final results of the pilot program.
Upon termination of the pilot program, DOT must assess the pilot program's results and determine whether to permanently incorporate the use of UAS into DOT's regular inspection, data collection, and oversight activities.
(Sec. 912) This section directs DOT to establish a UAS infrastructure inspection grant program to provide grants for the use of small UAS to support the inspection, operation, construction, maintenance, and repair of critical infrastructure. Governmental entities are eligible for these grants. DOT must prioritize grants to projects that address a safety risk.
The grant requires a 50% federal cost share, with the option for a waiver to increase the federal cost share to up to 75%.
DOT must submit a report to Congress on the program.
(Sec. 913) This section directs DOT to establish a drone education and training grant program to provide workforce training grants for small UAS to certain institutions of higher education.
(Sec. 914) This section requires the GAO to initiate a study on the effectiveness of the Unmanned Aircraft Systems Collegiate Training Initiative Program. The GAO must submit a report to Congress that includes any recommendations to improve and expand the program.
(Sec. 915) This section directs DOT to not renew the Advanced Aviation Advisory Committee (AAAC) committee charter, which in effect, terminates the committee. (DOT chartered the AAAC on June 10, 2022. The charter terminates after two years unless it is renewed.)
(Sec. 916) This section directs the FAA to establish an Unmanned and Autonomous Flight Advisory Committee within one year of the termination of the Advanced Aviation Advisory Committee. The committee must provide the FAA with advice on policy-level and technical-level issues related to unmanned and autonomous aviation operations and activities.
The committee must submit an annual report to the FAA, and the FAA must submit the annual report to Congress.
(Sec. 917) This section directs DOT to expand membership for the NextGen Advisory Committee to include one representative from the UAS industry and one representative from the powered-lift industry.
(Sec. 918) This section directs the FAA to revise the charter of the joint Department of Defense (DOD) and FAA UAS Executive Committee to reflect the scope, objectives, membership, and activities described in the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 in order to achieve the increasing, and ultimately routine, access of unmanned aircraft into the national airspace system.
(Sec. 919) This section directs the FAA, in coordination with DOD, to review the requirements necessary to permit a UAS operated by a federal agency or the Armed Forces to operate in the national airspace system, including outside of restricted airspace, without being escorted by a manned aircraft. This section excludes small UAS (i.e., UAS that weigh less than 55 pounds).
(Sec. 920) This section directs the FAA to extend the the FAA BEYOND program and consider expanding the program to include additional state, local, and tribal governments. (The FAA established the BEYOND program in 2020 as a four-year initiative to continue addressing UAS integration into the national airspace system.)
The FAA must consider expanding BEYOND to include additional state, local, and tribal governments to test and evaluate the use of new and emerging aviation concepts and technologies to evaluate and inform FAA policies, rulemaking, and guidance related to the safe integration of such concepts and technologies into the national airspace system.
(Sec. 921) This section directs the FAA to implement the recommendations made (1) by the GAO to DOT in the January 2023 report titled Drones: FAA Should Improve Its Approach to Integrating Drones into the National Airspace System; and (2) by DOT's Office of Inspector General to the FAA in the April 2022 audit report titled FAA Made Progress Through Its UAS Integration Pilot Program, but FAA and Industry Challenges Remain To Achieve Full UAS Integration.
The FAA must brief Congress annually on implementation activities related to these recommendations.
(Sec. 922) This section authorizes through FY2028 the FAA Know Before You Fly educational campaign or similar public informational efforts intended to broaden UAS safety awareness.
(Sec. 923) This section expands the definition of governmental function for a public aircraft to include infrastructure inspections and any other activity undertaken by a governmental entity that the FAA determines is inherently governmental. Further, this section specifies that, under the definition, biological or geological resource management includes data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range.
(Sec. 924) This section directs the FAA to establish a comprehensive plan for the integration of autonomous UAS into the national airspace system. In establishing the comprehensive plan, the FAA must (1) identify FAA processes and regulations that need to change to accommodate the role of an automated remote UAS operator, and (2) identify how the FAA intends to authorize operations ranging from low-risk automated operations to increasingly complex automated operations.
The FAA must consult with NASA, DOD, manufacturers and operators of autonomous UAS, and other stakeholders with knowledge of automation in aviation, the human-computer interface, and aviation safety. The FAA must submit the plan to Congress.
(Sec. 925) This section directs the FAA to carry out and update a UAS test ranges program to (1) enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and (2) support the safe integration of UAS into the national airspace system.
Under the program, the FAA may develop operational standards and air traffic requirements for flight operations at test ranges.
Further, the FAA must
The FAA may establish, upon the request of a test range sponsor, a restricted area or special use airspace area to accommodate hazardous development, testing, and evaluation activities.
This section also specifies the responsibilities of test range sponsors.
(Sec. 926) This section provides for the public safety use of tethered UAS by a public safety organization (1) at or below 150 feet above ground level, or (2) above 150 feet above ground level with prior FAA authorization. Under this section, a public safety organization includes law enforcement, fire departments, emergency medical services, and other organizations that protect and serve the public in safety and security matters.
This section also modifies the definitions that apply to tethered UAS to raise the weight threshold to 55 pounds or less, including payload (from 4.4 pounds or less).
(Sec. 927) This section transfers from DOT to the FAA special authority to use a risk-based approach to determine how certain UAS may operate safely in the national airspace system. This section also extends the special authority through FY2033.
Further, the FAA must establish requirements, or a process to accept proposed requirements, for the safe and efficient operation of certain UAS, including operations related to the testing and evaluation of proprietary systems. The FAA must also issue approvals to enable certain low-risk beyond visual line of sight operations (e.g., package delivery operations).
(Sec. 928) This section directs the FAA to establish a process to approve (and publicly share) fixed site locations for people to carry out recreational UAS operations. A community-based organization may operate with prior FAA authorization within Class G airspace (i.e., uncontrolled airspace) above 400 feet above ground level at these fixed sites.
Further, this section directs the FAA to prioritize requests for fixed sites that are an FAA Recognized Identification Area (FRIA). (A FRIA is a geographic area where drones can be flown without Remote ID equipment. Both the drone and the pilot must be located within the FRIA's boundaries throughout the operation.)
(Sec. 929) This section adds state prisons to the list of fixed site facilities where the FAA may consider prohibiting or restricting the operation of an unmanned aircraft. This section specifies that DOT must establish a process to allow applicants to petition the FAA to temporarily prohibit or restrict the operation of an unmanned aircraft in close proximity to a fixed site facility.
The FAA must publish a notice of proposed rulemaking to carry out the requirements of this section and issue a final rule.
(Sec. 930) This section requires the FAA to issue a notice of proposed rulemaking, followed by a final rule, to establish a performance-based regulatory pathway for unmanned aircraft systems (UAS) that operate beyond the visual line of sight (BVLOS). The FAA rule must establish
This section specifies that the FAA is not required to rescope any rulemaking efforts related to UAS BVLOS operations that are ongoing as of May 16, 2024.
(Sec. 931) This section directs the FAA to develop a risk assessment methodology to determine acceptable levels of risk for UAS operations, including BVLOS. The FAA must make the risk assessment methodology available on the FAA’s website.
In establishing the methodology, the FAA must ensure alignment with the considerations included in the FAA order UAS Safety Risk Management Policy.
(Sec. 932) This section directs the FAA to establish procedures to approve third-party service suppliers, including third-party service suppliers of UAS traffic management, in order to support the safe integration and commercial operation of UAS. In establishing the approval process, the FAA must ensure, to the maximum extent practicable, industry consensus standards are included as an acceptable means of compliance for third-party services.
(Sec. 933) This section requires DOT to use a risk-based approach to establish the operational requirements, standards, or special permits necessary to approve or authorize an air carrier to transport hazardous materials by UAS based on the weight, amount, and type of hazardous material being transported. DOT must consider public safety, efficiency and compliance with certain existing hazardous materials regulations, and the altitude at which UAS are conducted.
DOT must hold a public meeting to obtain input on changes necessary to implement this section.
Further, DOT must periodically review, as necessary, the amounts of hazardous materials allowed to be carried by UAS and determine whether to revise the amounts.
(Sec. 934) This section directs the FAA to work with other civil aviation authorities to establish and implement operational approval processes to permit UAS to operate over the high seas within flight information regions for which the United States is responsible for operational control.
The FAA must engage the Convention on International Civil Aviation (ICAO) to clarify the permissibility of UAS to operate over the high seas. The FAA must review whether ICAO member states are approving UAS operation over the high seas and brief Congress.
(Sec. 935) This section directs the FAA (upon the request of a credentialed federal, state, local, or tribal government law enforcement organization) to temporarily restrict UAS over eligible large public gatherings. The section defines large public gatherings to include those hosted in a stadium or other venue that is not enclosed and have an estimated attendance of at least 30,000 people. A non-stadium large public gathering must have an estimated attendance of at least 100,000 people, be primarily outdoors, and have a defined and static geographical boundary.
Credentialed federal and state government law enforcement organizations must request a temporary flight restriction within 30 days of the event. The FAA must make every practicable effort to assess eligibility and establish temporary flight restrictions in a timely fashion. The FAA may deny the request for specified reasons.
The FAA must publish any temporary flight restriction designated under this section at least two days prior to the start of the large public gathering.
Further, this section prohibits a person from operating an unmanned aircraft within a temporary flight restriction established under this section unless the operation is (1) FAA- authorized for operational or safety purposes; (2) being conducted for safety, security, or compliance oversight purposes and authorized by the FAA; or (3) conducted with the approval of the credentialed law enforcement organization.
(Sec. 936) This section generally prohibits DOT from entering into, extending, or renewing a contract or awarding a grant for the operation, procurement, or a contracting action of a UAS, associated elements, or detection or counter-UAS systems manufactured by a covered foreign entity, with limited exemptions. Covered foreign entities include those (1) domiciled in specific foreign countries (i.e., China, Russia, Iran, North Korea, Venezuela, or Cuba), (2) subject to the influence or control of one of these foreign country's governments, or (3) owned by one of these foreign entities.
The grant prohibition applies to grants awarded after May 16, 2024; the prohibition does not apply to grants awarded before May 16, 2024.
By May 16, 2025, the FAA must replace these FAA-owned or operated drones with a drone manufactured in the United States or an allied country.
(Sec. 937) The FAA must prioritize the authorization of an eligible UAS test range sponsor partnering with an eligible airport authority to test the operations of innovative technologies (i.e., UAS and powered-lift aircraft) in commercial and non-commercial applications in the Gulf of Mexico. Eligible airport authorities are those in the Gulf of Mexico-bordering states which do not already contain a UAS test range, have an air traffic control tower operated under the FAA Contract Tower Program, are located within 60 miles of a port, and do not have any scheduled passenger airline service as of May 16, 2024.
The FAA must brief Congress annually on the status of the partnership, including detailing any barriers to the commercialization of innovative technologies in the Gulf of Mexico.
Subtitle B--Advanced Air Mobility
(Sec. 951) This section defines certain terms related to advanced air mobility (AAM), including regional air mobility, urban air mobility, and vertiport.
(Sec. 953) This section directs the FAA, in considering the environmental impacts of a proposed airport vertiport project for purposes of NEPA compliance, to take certain actions. The FAA must apply any applicable NEPA categorical exclusions (CEs). Further, after consultation with the Council on Environmental Quality (CEQ), the FAA must take steps to establish additional CEs, as appropriate.
A CE is a class of actions that the FAA has determined, after review by CEQ, do not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is normally required.
(Sec. 954) This section extends by six months the amount of time that the Advanced Air Mobility (AAM) Interagency Working Group has to complete a review and examination of issues related to AAM. The purpose of the working group is to plan for and coordinate efforts related to the safety, operations, infrastructure, physical security and cybersecurity, and federal investment necessary for maturation of the AAM ecosystem in the United States.
The section also specifies (1) that AAM is comprised of urban and regional air mobility, and (2) what DOT must consider when deciding to terminate the working group. Further, the section makes technical corrections and definitional edits.
(Sec. 955) This section directs the FAA to publish a final rule by December 16, 2024, for a special federal aviation regulation that establishes procedures for certifying powered-lift aircraft pilots and providing operational rules for powered-lift aircraft.
Beginning September 16, 2025, if a final rule has not been published, then certain rules in effect that apply to the operation and the operators of rotorcraft or fixed-wing aircraft must be deemed to apply to the operation and operators of powered-lift aircraft. These rules and privileges cease to have effect one month after the effective date of a final rule.
Within three years of the FAA issuing the first certificate to commercially operate a powered-lift aircraft, the FAA must establish an aviation rulemaking committee. The committee must provide the FAA with specific findings and recommendations for the creation of a standard 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 air service and air transportation. The FAA must initiate a rulemaking to implement the findings and recommendations of the committee.
(Sec. 956) This section requires the Aviation Rulemaking Advisory Committee to provide the FAA with specific findings and recommendations for regulations related to the certification and installation of electric engines and propellers, hybrid electric engines and propulsion systems, hydrogen fuel cells, and hydrogen combustion engines or propulsion systems The committee must submit a report to the FAA and Congress. The FAA must brief Congress regarding the FAA’s plans in response to the findings and recommendations contained in the report.
(Sec. 957) This section directs the FAA, in consultation with air traffic controllers’ union representatives, to safely integrate powered-lift aircraft into the national airspace system, including in controlled airspace. The FAA must update air traffic orders and policies and address air traffic control system challenges.
(Sec. 958) This section directs the FAA to update certain design standards for the infrastructure that supports vertical flight (e.g., vertiports and heliports).
The FAA must also
(Sec. 959) This section directs the FAA to 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 non-temporary, non-intermittent operations are encouraged to keep facility information current.
(Sec. 960) This section reauthorizes through FY2026 the Advanced Air Mobility (AAM) Infrastructure Pilot Program, which provides grants to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States. In general, AAM refers to a novel transportation system for flying passengers and cargo, typically over relatively short distances ranging from about 10 miles up to roughly 150 miles, using advanced aircraft technologies, principally electric aircraft and aircraft with vertical takeoff and landing capabilities.
This section also specifies that eligible projects include those that use existing airport and heliport infrastructure and that may require modifications to safely accommodate AAM operations. The section also makes definitional edits and additional modifications.
(Sec. 961) This section directs the FAA to develop a plan to establish a Center for Advanced Aviation Technologies to support the testing and advancement of new and emerging aviation technologies. The FAA must submit the plan to Congress.
In developing the plan, the FAA must consider as roles and responsibilities for the center
The FAA must establish the Center for Advanced Aviation Technologies in accordance with the developed plan by September 30, 2026. In choosing the center’s location, the FAA must give preference to a community or region with a strong aeronautical presence that meets specific requirements.
TITLE X--RESEARCH AND DEVELOPMENT
Subtitle A--General Provisions
(Sec. 1002) This section extends through FY2028 the FAA's authority to conduct civil aviation research, engineering, and development.
(Sec. 1003) This section directs the GAO to submit a report to Congress on the allocation of funding for civil aviation research and development and to specifically assess DOT's implementation of safety-related research priorities.
(Sec. 1004) This section modifies the deadline for submitting the FAA's national aviation research plan to Congress to require the plan to be submitted not later than 30 days after the President's budget is submitted to Congress. (The current deadline is the date that the President's budget is submitted to Congress.) Further, if the report cannot be submitted by that date, the FAA must submit a letter to Congress stating the reason for the delay, impacts of the delay, and actions taken to address the circumstances that led to the delay.
(Sec. 1005) This section directs the FAA to continue operation of the Joint Center of Excellence for Advanced Materials and revises the focus and responsibilities of the center to include passenger safety.
Specifically, the center must focus on applied research and training on the safe use of composites and advanced materials, and related manufacturing practices, in airframe structures. (Currently, the center must focus on applied research and training on the durability and maintainability of advanced materials in transport airframe structures.) The center must also conduct research and development into aircraft structure crashworthiness and passenger safety, as well as address safe and accessible air travel of individuals with a disability, including materials required to facilitate safe wheelchair restraint systems on commercial aircraft.
The center's responsibilities must also include conducting research activities to advance the safe movement of all passengers, including individuals with a disability and individuals using their personal wheelchairs in flight.
(Sec. 1006) This section directs the FAA to continue operation of the Center of Excellence for Unmanned Aircraft Systems (UAS). The center must conduct applied research and training on the safe and efficient integration of UAS and advanced air mobility into the national airspace system. (The center is also known as the Alliance for System Safety of UAS through Research Excellence or ASSURE.)
The FAA must ensure the participation in the center of institutions of higher education and research institutions that (1) provide accredited bachelor’s degree programs in aeronautical sciences that provide pathways to commercial pilot certifications, and (2) include a focus on pilot training for women aviators.
Further, the FAA must leverage the research and testing capacity and capabilities of the center, the William J. Hughes Technical Center for Advanced Aerospace, existing federal and nonfederal test ranges and testbeds, and NASA to conduct research to validate consensus safety standards.
(Sec. 1007) The FAA must establish a credentialing authority for the program of record of the FAA (i.e., ASSUREd Safe) under the Center of Excellence for Unmanned Aircraft Systems.
ASSUREd Safe must offer services throughout the United States, and to U.S. allies and partners, including online and in-person standards, education, and testing for the use of UAS by first responders for emergency and disaster management operations.
The Center of Excellence for Unmanned Aircraft Systems must coordinate with the National Institute of Standards and Technology and the Federal Emergency Management Agency in establishing and coordinating services offered by ASSUREd Safe.
(Sec. 1008) This section provides for the general eligibility of jet fuel projects for civil airplanes in the FAA’s Continuous Lower Energy, Emissions and Noise (CLEEN) Program and specifies that eligibility is not limited to fuels for subsonic airplanes. Further, the FAA may provide that not less than two of the program’s cooperative agreements involve the participation of a small business concern if the submitted technology proposals meet FAA Acquisition Management System requirements and requisite technology readiness levels for entry into the agreement. (The CLEEN Program is a public-private partnership program between the FAA and the aviation industry to develop and test certifiable CLEEN aircraft, engine technologies, and jet fuels with less noise, fewer emissions, and improved fuel efficiency.)
(Sec. 1009) This section directs the FAA, in consultation with NASA, to establish procedures for developmental and airworthiness testing and demonstration flights conducted by manufacturers and operators of high-speed aircraft for flights operating with supersonic speed and hypersonic speed. This may include the establishment of high-speed testing corridors.
Further, the FAA, in consultation with the Environmental Protection Agency and other stakeholders, must assess and report to Congress on a means for supporting continued National Environmental Policy Act of 1969 (NEPA) compliance. The FAA must enter into an agreement with a federally funded research and development center (or other independent nonprofit organization) that recommends long-term solutions for maintaining compliance with NEPA for one or more over-land or near-land hypersonic and supersonic test areas.
(Sec. 1010) This section directs the FAA, in consultation with aircraft manufacturers and operators, institutions of higher education, NASA, and DOD, to conduct a study assessing actions necessary to facilitate the safe operation and integration into the national airspace system of high-speed aircraft (i.e., an aircraft operating at speeds above Mach 1, including supersonic and hypersonic aircraft). For example, the study must include the development of a framework and potential timeline to establish regulatory requirements for conducting high-speed aircraft flights.
The FAA must submit a report to Congress on the study and recommendations.
(Sec. 1011) This section directs the FAA, in consultation with NASA and other relevant stakeholders, to research and identify the minimum altitude at which flights operating at speeds above Mach 1 generate a sonic boom that does not produce appreciable sonic boom overpressures that reach the surface under prevailing atmospheric conditions (when flying above the upper boundary of Class A airspace).
(Sec. 1012) This section directs the GAO to initiate a study to assess the safe and scalable operation and integration of electric aircraft into the national airspace system. Among other things, GAO must address the regulatory standards and guidance material needed to facilitate the safe operation and maintenance of electric aircraft and the airport infrastructure requirements to support electric aircraft operations.
The GAO must submit a report to Congress on the study, including any recommendations for legislation and administrative action.
(Sec. 1013) This section prohibits the FAA from discontinuing or diminishing the Contract Weather Observer (CWO) Program at any airport until the end of FY2028.
The CWO Program provides augmentation and backup of the automated weather observation system (AWOS) at every controlled airport in the national airspace system.
(Sec. 1014) This section allows DOT to carry out an airfield pavement technology program. As part of the program, DOT may provide grants to and enter into cooperative agreements with institutions of higher education and nonprofit organizations that research, develop, and promote these pavement technologies.
(Sec. 1015) This section requires the GAO to conduct a review of the FAA’s management of research and development activities and the FAA’s coordination with other federal government civil aviation research and development activities. The review must include an assessment of how the FAA
The GAO must submit a report to Congress that includes recommendations on how the FAA can improve management of research and development activities.
(Sec. 1016) This section directs the FAA, in coordination with the John A. Volpe National Transportation Systems Center, to establish a research and development program to inform the continuous modernization of the FAA aeronautical information systems. These systems include the Aeronautical Information Management Modernization (including the Notice to Air Missions system), the Aviation Safety Information Analysis and Sharing system, and the Service Difficulty Reporting System.
The FAA must enter into an agreement with a federally funded research and development center to review planned and ongoing modernization efforts of the FAA’s aeronautical information systems. The review must identify opportunities for additional coordination between the FAA and the John A. Volpe National Transportation Systems Center. The center must submit a report to the FAA and Congress on the review with recommendations.
(Sec. 1017) This section directs the FAA to continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (ASCENT). (ASCENT is a cooperative aviation research organization co-led by Washington State University and the Massachusetts Institute of Technology, in collaboration with the FAA, NASA, the Department of Defense, the EPA, and Transport Canada.)
The center must
(Sec. 1018) This section requires that the FAA, within 60 days of enactment, coordinate with the National Telecommunications and Information Administration, the Federal Communications Commission, and aviation and commercial wireless industries, to carry out an accelerated research and development program to inform the development and testing of standards and technology necessary to ensure industry and the FAA can certify, produce, and meet the installation requirements for next-generation radio altimeters across all necessary aircraft by January 1, 2028.
The FAA may award grants for research and development, testing, and other activities necessary to ensure that the FAA meets these goals, including through public-private partnership grants. These grants must include protections for necessary intellectual property for any private sector entity testing, certifying, or producing next-generation radio altimeters under the program.
The FAA must submit a report to Congress on the steps the FAA has taken and any actions the FAA plans to take to ensure that next-generation radio altimeter technology is developed, tested, certified, and installed by 2028.
(Sec. 1019) This section directs the FAA, jointly with the Department of Energy (DOE), to conduct research and development activities relating to enabling the safe use of hydrogen in civil aviation, including the safe and efficient use and sourcing of hydrogen to propel commercial aircraft.
Further, the FAA, in consultation with NASA, must complete the development of a research and development strategy on the safe use of hydrogen in civil aviation. Consistent with the strategy, DOT, the FAA, and DOE must carry out research activities.
DOT, the FAA, and DOE must take actions in the appropriate international forums that demonstrate global leadership and advance the competitiveness of the United States in the safe use of hydrogen in civil aviation.
The FAA and DOE must jointly submit a report to Congress detailing (1) the actions of DOT, the FAA and DOE to exercise leadership in conducting research on the safe and efficient use of hydrogen in civil aviation; and (2) the planned, proposed, and anticipated actions to update or modify related existing policies and a proposed timeline for any actions.
(Sec. 1020) This section directs DOT, in coordination with federal stakeholders, to review, plan, and make recommendations with respect to coordination and implementation issues relating to aircraft powered by new aviation fuels or fuel systems.
This must include
(Sec. 1021) This section directs the FAA, in consultation with NASA, to carry out research, development, demonstration, and testing to enable civil aviation surveillance over oceans and other remote locations to improve safety.
(Sec. 1022) This section requires the FAA, in consultation with the National Oceanic and Atmospheric Administration, to review current and planned research, modeling, and technology capabilities that have the potential to (1) more accurately detect and predict weather impacts to aviation, (2) inform how advanced predictive models can enhance aviation operations, and (3) increase national airspace system safety and efficiency. The review must consider the unique impacts of weather on UAS and advanced air mobility operations.
(Sec. 1023) This section requires the FAA, in consultation with NASA, to continue research and development activities related to technologies and operations to enhance air traffic surface operations safety. Areas the program must examine include (1) emerging in-cockpit technologies to enhance ground situational awareness, and (2) safety enhancements and adjustments to air traffic surface operations to enable safe operations of advanced aviation technology.
The FAA must submit a report to Congress on the research and development activities, including the transition into operational use of such activities.
(Sec. 1024) This section directs the FAA to review current and planned artificial intelligence and machine learning technologies to improve airport efficiency and safety. This must include an examination of their application to jet bridges, airport service vehicles on airport movement areas, aircraft taxis, and air traffic control operations. The review must also include an examination of China's domestic application of artificial intelligence and machine learning technologies. The FAA must submit a report to Congress on the review.
(Sec. 1025) This section directs the FAA, in consultation with NASA and industry, to brief Congress on any plans to build on existing research and development activities to inform the development of federal and international policies, regulations, standards, and recommended practices on the certification and safe and efficient operation of civil supersonic aircraft and supersonic overland flight. The FAA must also identify any further research and development needed.
(Sec. 1026) This section directs the FAA, in consultation with the National Telecommunications and Information Administration and the Federal Communications Commission, to conduct research, engineering, and development related to the effective and efficient use and management of radio frequency spectrum in the civil aviation domain (including for aircraft, UAS, and advanced air mobility). This includes addressing how reallocation or repurposing of radio frequency spectrum adjacent to spectrum allocated for communication, navigation, and surveillance may impact the safety of civil aviation.
(Sec. 1027) This section directs the FAA to submit a comprehensive plan to Congress for the research, development, testing, and evaluation needed to further mature remote tower technologies and systems and provide a strategic roadmap to support deployment of such technology.
(Sec. 1028) This section directs the FAA to carry out a research program to evaluate opportunities to modernize, enhance, and streamline on-the-job training and training time for individuals seeking to become FAA certified professional controllers (i.e., air traffic controllers).
This research program must
(Sec. 1029) This section requires the FAA to submit a report to Congress on the status of the FAA's implementation of an FAA comprehensive and strategic aviation cybersecurity framework as required by the FAA Extension, Safety, and Security Act of 2016. The report must include an explanation for any delays or challenges in implementing the framework.
(Sec. 1030) This section directs the FAA to carry out applied research and development on severe air turbulence. The FAA, in collaboration with the National Oceanic and Atmospheric Administration (NOAA) and in consultation with NASA, must carry out applied research and development to
The FAA may enter into agreements with commercial providers to purchase turbulence data and place instruments on aircraft in order to understand and monitor turbulence. Data collected pursuant to this section must be widely available and accessible to scientific research, user, and stakeholder communities.
Further, the FAA, in collaboration with NOAA, must submit a report to Congress on the research. The report must identify future research and development needed to predict and mitigate the safety impacts that may result from severe turbulence, including clear air turbulence.
(Sec. 1031) This section specifies that nothing in this title may be construed as modifying or limiting existing collaborations, or potential engagement on future collaborations, between the FAA, stakeholders, and labor organizations, including the exclusive bargaining representative of air traffic controllers, pertaining to FAA research, engineering, development, demonstration, and testing activities.
(Sec. 1032) This section prohibits any funds authorized in this title from being used to conduct research, develop, design, plan, promulgate, implement, or execute a policy, program, order, or contract with the Chinese Communist Party or any entity that is domiciled in China or under the influence of China, unless the activities are specifically authorized by a law enacted after enactment of this act.
The FAA Administrator may waive any prohibitions on a case-by-case basis if an activity is determined to be in the public interest. The FAA must notify Congress after exercising such a waiver.
A limited exemption is included for the FAA for certain activities executed for the purposes of testing, research, evaluating, analyzing, or training. These activities include those related to (1) counter-unmanned aircraft detection and mitigation systems; and (2) the safe, secure, or efficient operation of the national airspace system or maintenance of public safety.
Subtitle B--Unmanned Aircraft Systems And Advanced Air Mobility
(Sec. 1042) This section directs the National Science and Technology Council to establish or designate an interagency working group on Advanced Air Mobility (AAM) and unmanned aircraft systems (UAS) to coordinate federal research, development, deployment, testing, and education activities to enable AAM and UAS. The duties of the interagency working group include developing a strategic research plan for AAM and UAS.
The working group must submit a report to Congress every two years that includes a summary of these activities.
(Sec. 1043) This section directs the AAM and UAS interagency working group to develop a strategic plan for federal research, development, deployment, and testing of these systems. This must include establishing 10-year goals and priorities.
The FAA must enter into an agreement with the National Academies to review the plan every five years.
The interagency working group must consult with representatives of stakeholder groups (e.g., academia, research institutions, and state, industry, and labor organizations). In addition, prior to submitting the plan to Congress, the plan must be published in the Federal Register for a public comment period.
This section sets out a timeline for the interagency working group to provide updates and plans to Congress.
(Sec. 1044) This section directs the FAA to facilitate the safe integration of AAM and UAS into the national airspace system through (1) research, development, testing, demonstration activities, and technology transfer; and (2) activities to facilitate the transition of such technologies into application. The FAA must carry out and support these efforts consistent with the interagency working group’s developed research plan and in coordination with NASA and other federal agencies.
The FAA must also conduct research on approaches to evaluating risk in emerging vehicles, technologies, and operations for AAM and UAS systems.
The FAA must submit a report to Congress on the research and development plans, as well as a current plan for full operational capability of UAS traffic management.
(Sec. 1045) This section directs the FAA to enter into an arrangement with the National Academy of Public Administration to examine FAA research, development, demonstration, and testing partnerships to advance UAS and AAM and to facilitate the safe integration of UAS into the national airspace system.
TITLE XI--MISCELLANEOUS
(Sec. 1101) This section makes technical corrections.
(Sec. 1102) This section directs DOT, in consultation with the FAA, to convene a working group to assist in developing best practices for transporting human organs and organ-related tissue in an aircraft cabin and to identify regulations that hinder such transportation. The working group must consider (1) a safe, standardized process for acceptance, handling, management, and transportation of an organ in the aircraft cabin; and (2) protocols to ensure the safe and timely transport of an organ in the cabin, including through connecting flights.
The working group must submit a report to DOT with recommendations for best practices.
(Sec. 1103) This section directs the FAA to accept a digital or mobile driver's license or identification card that has been issued to an individual by a state in any instance where an individual is required to submit government-issued identification to the FAA.
(Sec. 1105) This section prohibits the enforcement of certain standards for any covered cargo airplane until after January 1, 2033. Specifically, this applies to (1) the EPA greenhouse gas emissions standards for airplane engines; and (2) the FAA requirements on Airplane Fuel Efficiency Certification from February 16, 2024.
This enforcement prohibition applies to a plane that (1) is a subsonic jet that is a purpose-built freighter, (2) has a maximum takeoff mass greater than 180,000 kilograms but not greater than 240,000 kilograms, and (3) has a type design certificated prior to January 1, 2023.
The FAA must limit to domestic use or international operations, consistent with relevant international agreements and standards, the operation of any covered cargo airplane that does not meet these standards and requirements and received an original FAA certificate of airworthiness on or after January 1, 2028.
(Sec. 1106) This section prohibits the FAA from requiring any FAA contractor to (1) mandate that its employees obtain a COVID–19 vaccine, or (2) enforce any condition regarding COVID-19 vaccine status of the contractor’s employees.
This section also prohibits the FAA from implementing or enforcing any COVID-19 vaccine requirements for air carrier employees, passengers, or FAA employees. Further, the FAA may not implement or enforce any requirement that air carrier passengers wear a mask as a result of a COVID–19 related public health measure.
(Sec. 1107) This section prohibits an air carrier from denying service to any individual solely based on the individual’s COVID–19 vaccination status.
(Sec. 1108) This section directs the FAA to publish a notice of proposed rulemaking to amend current regulations to permit flight operations with speeds above Mach 1 at or above the minimum altitude identified by the FAA (as required pursuant to Sec. 1011). These flight operations must meet specific requirements (e.g., not produce appreciable sonic boom overpressures that reach the surface under prevailing atmospheric conditions).
(Sec. 1109) This section directs the FAA to exercise leadership in the creation of federal regulations, standards, best practices, and guidance related to the safe and efficient certification of the use of hydrogen in civil aviation, including the certification of hydrogen-powered commercial aircraft.
For example, the FAA must develop a viable path for the certification of the safe use of hydrogen in civil aviation, including hydrogen-powered aircraft, that considers existing frameworks, modifying existing frameworks, or developing new standards, best practices, or guidance to complement the existing frameworks. The FAA must also consider the needs of and obtain input from various stakeholders, including the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, and fixed base operators.
(Sec. 1110) This section directs the FAA to exercise leadership in the creation of recommended practices regarding the certification and safe and efficient operation of civil supersonic aircraft (i.e., aircraft capable of sustained flight above Mach 1). This is in addition to FAA’s leadership in policies, regulations, and standards in this area.
Further, the FAA must submit progress reports to Congress on specific activities related to supersonic aircraft.
(Sec. 1111) This section extends to January 1, 2025, a learning period (i.e., moratorium) that applies to certain DOT commercial spaceflight safety regulations governing the design or operation of a launch vehicle to protect the health and safety of crew, government astronauts, and space flight participants.
(Sec. 1112) This section extends through October 1, 2024, the authority of the Department of Homeland Security and the Department of Justice to take certain actions to mitigate a credible threat to certain facilities or assets from an unmanned aircraft system (UAS). These include certain facilities that are located in the United States and identified as high-risk and a potential target for unlawful UAS activity.
(Sec. 1113) This section directs the GAO to initiate a study on the economic sustainability of air cargo operations and submit a report to Congress. Areas the GAO must address include projected requirements and square footage deficit for air cargo support facilities, general physical and operating issues and constraints, and the estimated cost of developing new cargo facilities and infrastructure.
(Sec. 1114) This section requires the FAA and the Coast Guard to execute a memorandum of understanding (MOU) governing the specific roles, authorities, delineations of responsibilities, resources, and commitments of the FAA and the Coast Guard about certain wing-in-ground-effect craft. 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.
Specifically, the MOU pertains to craft that are (1) only capable of operating either in water or in ground effect over water, and (2) operated exclusively over waters subject to U.S. jurisdiction. The MOU must provide procedures for the approval of wing-in-ground-effect craft designs, operations, pilotage, inspections, and maintenance.
The FAA and the Coast Guard must brief Congress by May 13, 2025, on the status of the MOU as well as provide any recommendations for legislative action to improve efficacy or efficiency of wing-in-ground-effect craft governance.
(Sec. 1115) This section modifies the Temporary Flight Restrictions (TFRs) for air shows to allow the FAA to permit certain FAA-approved air show operations so long as aircraft participating in such air shows do not fly directly over a stadium (or adjacent parking facilities) during a sporting event.
Further, this section directs the FAA to convene an annual meeting with representatives of FAA-approved air shows, the general aviation community, stadiums and other large events and venues, the Department of Homeland Security, and the Department of Justice to (1) identify scheduling conflicts between FAA-approved air shows and large outdoor events and venues, and (2) develop operational and communication procedures in instances of identified scheduling conflicts. For a scheduling conflict identified outside of the annual meeting, the FAA must work with impacted stakeholders to develop appropriate operational and communication procedures to ensure the safety and security of both events.
(Sec. 1116) This section requires the U.S. Fish and Wildlife Service (FWS) to designate one additional airport as a port of entry for the importation and exportation of wildlife and wildlife products. The selection must be from among the U.S. airports that handled more than 8 billion pounds of cargo during 2022. Further, FWS may accept donations from private entities to fund the designation of the additional port.
TITLE XII--NATIONAL TRANSPORTATION SAFETY BOARD
National Transportation Safety Board Amendments Act of 2024
(Sec. 1202) This section reauthorizes the National Transportation Safety Board (NTSB) through FY2028. The NTSB is an independent federal agency charged with determining the probable cause of transportation incidents and promoting transportation safety. The NTSB's experts investigate significant incidents, develop factual records, and issue safety recommendations to prevent similar events from reoccurring.
(Sec. 1203) This section specifies that, under the NTSB, a state includes the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.
(Sec. 1204) This section allows the NTSB to acquire training on emerging transportation technologies if such training is required for an ongoing investigation and meets certain criteria. Further, this section allows the NTSB to conduct employee training to meet the needs of the NTSB's strategic workforce plan.
(Sec. 1205) This section repeals the requirement that the NTSB submit an annual report to Congress on overtime payments to employees.
(Sec. 1206) This section directs the NTSB to develop a strategic workforce plan that addresses the immediate and long-term workforce needs of the NTSB to carry out its authorities and duties. The plan must address a five-year forecast period, but may include planning for longer periods based on information about emerging technologies or safety trends in transportation. The NTSB must update the plan at least once every five years.
The plan must be submitted to Congress and made available on the NTSB website.
(Sec. 1207) This section directs the NTSB to establish annual fiscal year budgets for non-accident-related travel expenditures for each NTSB Board member. The NTSB must notify Congress of any non-accident-related travel budget overrun for any Board member within 30 days of the Board knowing of such overrun.
(Sec. 1208) This section specifies that the rules related to NTSB disclosure of trade secrets broadly apply to confidential information, which includes trade secrets. Further, the NTSB must notify Congress if the NTSB or the Department of Justice carries out specific civil actions against an airman who is employed by an air carrier at the time of the accident or incident.
(Sec. 1209) This section requires that the NTSB include in its annual report to Congress a list of each recommendation made by the NTSB to DOT or the Coast Guard that was closed in an unacceptable status in the preceding 12 months. Such list must include any explanation the Board received from DOT or the Coast Guard and any explanation from the Board as to why the recommendation was closed in an unacceptable status. (The NTSB issues safety recommendations as a result of its investigation of transportation accidents and other safety concerns. Recommendations usually identify a specific problem uncovered during an investigation or study and specify how to correct the situation. Certain status options for the recommendations include an unacceptable status.)
(Sec. 1210) This section provides the NTSB with additional authority to investigate a highway accident, including a railroad grade crossing accident, concurrent with any state investigation. The NTSB and relevant state agencies must coordinate to ensure both have timely access to the information needed to conduct each investigation. (Prior to this act, the NTSB had to investigate these accidents in cooperation with a state.)
This section specifies that the NTSB must investigate a rail accident in which there is a fatality or substantial property damage, except that the NTSB has the discretion to investigate a railroad grade crossing or trespasser accident or incident. Further, this section specifies that the NTSB must investigate an accident or incident that involves a passenger train, except that the NTSB has the discretion to investigate such an accident or incident if (1) there are no fatalities or serious injuries to the train’s passengers or crewmembers, and (2) it involves a railroad grade crossing or trespasser accident or incident.
Prior to this act, the NTSB had to investigate a railroad accident in which there was a fatality or substantial property damage or that involved a passenger train.
(Sec. 1211) This section specifies that NTSB accident reports must be available in electronic form at no cost in a publicly accessible database on the NTSB website. If the electronic form required is not printable, accident reports must be available in printed form upon a reasonable request and at a reasonable cost. Prior to this act, each accident report had to be available at a reasonable cost.
(Sec. 1212) This section directs the NTSB to submit a report to Congress on any accident report not completed within two years from the date of the accident. The report must identify the reasons the accident report has not been completed. The NTSB must report to Congress every 90 days on the progress of the accident report until the accident report is completed.
(Sec. 1213) This section allows the NTSB to obtain certain recording devices or recorded data pertinent to an accident from a transportation operator or equipment manufacturer who is subject to an NTSB investigation. This may include design specifications or data related to the operation and performance of the equipment (to enable the NTSB to perform independent physics-based simulations and analyses of the accident situation).
(Sec. 1214) This section specifies that NTSB safety recommendation and responses must be available in electronic form at no cost in a publicly accessible database on the NTSB website. If the electronic form required is not printable, the safety recommendation and responses must be available in printed form upon a reasonable request and at a reasonable cost. Prior to this act, each safety recommendation and response had to be available at a reasonable cost.
(Sec. 1215) This section broadens the scope of family assistance for air and rail passengers to include passengers and the families of those passengers involved in an accident. Under current law, these assistance services are only designated for the families of passengers involved in the accident. The section also specifies that this applies to an air accident within U.S. airspace or airspace delegated to the United States.
Family Support Services may release air or rail passenger list information to a local, tribal, state, or federal agency responsible for determining the whereabouts or welfare of a passenger. Current law only allows the release of the information to the family of the passenger.
In addition, the section specifies that the independent non-profit organization designated for family and passenger assistance may request a passenger list from the air carrier or rail passenger carrier. The 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.
A rail passenger carrier must submit 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 any loss of life. Current law requires a plan for an accident resulting in a major loss of life.
(Sec. 1216) This section amends the aviation civil penalty authority to include civil penalties for rail passenger accidents.
(Sec. 1217) This section requires the NTSB to make all NTSB accident or incident investigation records that are included in the public docket available in a publicly accessible database on the NTSB website. This applies to all NTSB records, regardless of the date on which the public docket or record was created. The NTSB must provide an annual briefing to Congress on the status of the availability of such records until all of the records are electronically available.
(Sec. 1218) This section directs the NTSB to implement a drug testing program for all NTSB employees, including employees in safety or security-sensitive positions.
(Sec. 1219) This section directs the NTSB to assess the NTSB's headquarters and regional offices to determine barriers to accessibility to their facilities. The assessment must consider compliance with (1) the Architectural Barriers Act of 1968 and the corresponding accessibility guidelines, and (2) the Americans with Disabilities Act of 1990.
(Sec. 1220) This section repeals the requirements that the NTSB submit to Congress (1) an annual report containing the regulatory status of each recommendation made by the NTSB to DOT that is on the NTSB’s most wanted list, and (2) a report on the methodology used to prioritize and select recommendations to be included in the most wanted list.
As background, the NTSB previously published a Most Wanted List of Transportation Safety Improvements that highlighted NTSB-identified transportation safety improvements necessary to prevent accidents, reduce injuries, and save lives. The NTSB stopped publishing the list at the end of 2023.
(Sec. 1221) This section makes technical corrections to laws relating to the NTSB.
(Sec. 1222) This section directs the Office of Personnel Management (OPM), in consultation with the FAA and the NTSB, to revise the eligibility requirements for the Air Safety Investigating Series 1815 occupational series to remove any requirement that an individual hold a current FAA-issued medical certificate. OPM, in coordination with the FAA and the NTSB, must also update and revise experiential, educational, and other eligibility requirements for this occupational series.
(Sec. 1223) This section directs the GAO to submit a report to Congress regarding the NTSB’s procurement and contracting planning, practices, and policies, including those regarding sole-source contracts.
TITLE XIII--REVENUE PROVISIONS
(Sec. 1301) This section extends through FY2028 the FAA's authority for expenditures from the Airport and Airway Trust Fund (AATF). The AATF is the primary funding source for all major FAA accounts that fund federal aviation programs, with the remainder coming from general fund appropriations.
(Sec. 1302) This section extends through FY2028 the authority for the FAA to collect various taxes and fees to fund the AATF, including taxes on aviation fuel and airline tickets.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.
Motion to table the motion by Senator Schumer to commit the bill (H.R. 3935) to Senate Committee on Commerce, Science, and Transportation with instructions to report back forthwith with amendment SA 2027 rejected in Senate by Yea-Nay Vote. 12 - 85. Record Vote Number: 160.
Roll Call #160 (Senate)Considered by Senate. (consideration: CR S3629-3645)
Motion by Senator Schumer to commit to Senate Committee on Commerce, Science, and Transportation with instructions to report back forthwith with the following amendment (SA 2027) fell when cloture was invoked on SA 1911, as modified, in Senate.
Passed/agreed to in Senate: Passed Senate, under the order of 5/9/2024, having achieved 60 votes in the affirmative with an amendment by Yea-Nay Vote. 88 - 4. Record Vote Number: 162. (text of amendment in the nature of a substitute: 05/07/2024 CR S3381-3495)
Roll Call #162 (Senate)Passed Senate, under the order of 5/9/2024, having achieved 60 votes in the affirmative with an amendment by Yea-Nay Vote. 88 - 4. Record Vote Number: 162. (text of amendment in the nature of a substitute: 05/07/2024 CR S3381-3495)
Roll Call #162 (Senate)Message on Senate action sent to the House.
Mr. Graves (MO) moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H3050-3170)
Enacted as Public Law 118-63
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Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Aviation.
Sponsor introductory remarks on measure. (CR E299)
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Aviation.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Aviation.
DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 3935.
UNANIMOUS CONSENT REQUEST - Mr. Graves (MO) asked unanimous consent that debate be extended by two minutes on each side of the aisle. Agreed to without objection.
DEBATE - The House resumed debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 3935.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the chair announced that further proceedings on the motion would be postponed.
Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 387 - 26 (Roll no. 200). (consideration: CR H3229-3230; text: 5/14/2024 CR H3050-3164)
Roll Call #200 (House)On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 387 - 26 (Roll no. 200). (consideration: CR H3229-3230; text: 5/14/2024 CR H3050-3164)
Roll Call #200 (House)Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 118-63.
Became Public Law No: 118-63.